HomeMy WebLinkAboutResolutions 1985 RESOLUTION
WHEREAS, the Director of the Personnel/Employee Relations
Department for the City of Denton, Texas has presented a proposed
policy ,regarding employee vacation/bonus time for consideration by
the Ctt~ Council, and
WHE~,EAS, the City Council desires to adopt such policy to
replace the existing policy on employee vacation/bonus time
adoptedI by the Council by Resolution on August 21, 1984,
NO~, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
DENTON, TEXAS, THAT:
SECiTION I.
Th~ following policy, attached hereto and made a part hereof,
is hereby adopted as an official policy of the City of Denton,
Texas:
Vacation/Bonus Time (Reference No. 107.03)
SECTION II.
The foregoing policy is attached hereto and made a part hereof
and sh~ll be filed in the official records of the City of Denton
with the City Secretary.
SECTION III.
The policy entitled vacation/bonus time adopted by Resolution
on August 21, 1984 is hereby rescinded.
SEqTION IV.
Th~s Resolution shall be effective immediately after its date
of passage and approval. ~
PASSED AND APPROVED this the ~ day of~, 1985.
ATTEST:
C~O~I~L-OTTE ~LLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROV]:D AS TO LEGAL FORM:
JOE D. MORRIS, ACTING CITY ATTORNEY
CITY O] DENTON, TEXAS
CiTY OF ,DENTON
RE~ERENCE
SECTION NUMBER
P~RSONNEL/EMPLOYEE RELATIONS 107.03
EFFECTIVE DATE
SUBJECT
WAGE AND SALARY PLAN 1-08-84
REPLACES
TJ~T cE
VACATION/BONUS TIME f 8-21-84
POLICY STATEMENT:
Vacation
It 3s the pol3cy of the C~ty of Denton to prcwde vacation pay and hours to all
regular employees who have completed s~x (6) full months of employment Vacation
hours for eligible employees are accrued on a monthly basis Pay ~n l~eu of
tak3ng vacation ~s not perm%ted except upon termnat3on Only employees who have
worked w~th the C~ty for s3x (6) full months are entitled to be pa3d for vacation
at termnat~on
An employee is not eligible to use vacation hours unt31 he or she has completed
slx (6) full months of regular employment Vacation hours may not be used 3n
advance of the hours being accrued
Vacat3on t~me for full-time non-C~vll Serwce employees will be accrued at the
rate of ten (10) hours per month of continuous serwce.
The intent of this vacation benef3t is to prov3de t~me away from the work
env3ronment to pursue act~wt~es that w~ll promote the well-be~ng of the
~nd~wdual and good physical, mental, and emotional health In accordance w~th
th~s prows~on, all full-t~me regular employees w~ll be required to take at least
f~ve (5) days of vacation per year.
Vacation accrual rates for C~wl Service employees are covered ~n Vernon's
Annotated C~v~l Statutes Article 1269, Section 3-2 1
Bonus Time
In addition to regular vacation, the City of Denton also awards bonus t~me to
regular full-time non-Clvll Serwce employees who have completed five (5)
continuous years of full-t~me (part-time employees are not eligible for th~s
benefit) semv~ce to the C~ty Upon completion of f~ve (5) years of continuous
service, each employee shall receive four (4) hours bonus t~me For every year of
continuous service thereafter the employee w~ll receive an additional four (4)
hours for successive years beyond the fifth anniversary.
POLICYIADM~IqlSTR&?~VB PROCBDURB/&DMINISTR&TXVB DIRECTIVE (Continued)
REFERENCE
VACATION/BONUS TIME NUMBE~R07.03
- - Example
Bonus Award
5th Anniversary 4 Hours
6th Anniversary 8 Hours
7th Anniversary... 12 Hours..
This award continues until regular full-time serwce with the C~ty has ended.
Bonus time rs awarded annually on the employees' anniversary date. Pay in l~eu
of taking bonus t~me Ts not permtted except upon termination.
C~vll Service employe~s are eligible for bonus t~me after the completion of five
(5) years of continuous serwce. Bonus accruals will begin on the f~fth
anniversary and continue for each year of continuous serwce Bonus accrual
rates for Clv11 Serwce employees are.
Police 4 hours per year
F~re 6 hours* per year
* [Proration based on twelve (12) hours equal one (1) day which is the calculation
used to determine hourly rate.]
Bonus accruals are four (4) hours (6 hours - Fire) per year for every year of
continuous service and are awarded annually on the employees' anniversary date.
Maximum Carry-Over
The maximum allowed carry-over of vacation and bonus time is 320 hours per
calendar year (January through December) for all non-Civil Service employees and
Police Civil Service employees. Fire Civil Service employees shall be allowed 480
hours per calendar year. An employee may accrue as many hours of vacation as
possible throughout the calendar year, however, it is the employee's
responslb~llty to ensure that theqr accrual rs below the maximum allowable hours
by December 31 of any particular year.
Regular P~rt-Tlme Employees (Includes 1/2 and 3/4 time workers)
Part t~me employees accrue prorated vacation hours determined by their budgeted
pay classification half t~me - 5 hours, three quarters : 8 hours. These
employeesl will not accrue bonus time.
Employees holding more than one part-time position may not accrue more vacation
hours per month than a full-time employee. (See Part-Time Policy #106.08)
Seasonal and Temporary Employees
Temporary and seasonal employees shall not earn or accrue vacation/bonus time or
be ent~tlled to vacation/bonus t~me pay upon separation
RESOLUTION
WHEREAS, the City of Denton leases land upon the Denton
Municipal Airport to Fox-51 Limited by lease agreement dated July
1, 1980, and
WHEREAS, the lease agreement provides that Fox-51 Limited may
lease additional land at three and one-half cents per square foot
per year if such right is exercised przor to July 1, 1985,
WHEREAS, Fox-51 Limited, acting by and through its President,
F. D. Strickler, has determined to exercise its right to lease
additional land, and
WHEREAS, the City Council of the City of Denton, Texas,
believes it to be in the interest of efficient airport operations
and in accordance with the existing lease agreement to lease
additional property to Fox-51 Limited,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
DENTON, TEXAS, THAT:
SECTION I.
The attached amendment to the airport lease agreement of July
1, 1980, between the City of Denton and Fox-51 Limited is hereby
approved.
SECTION II.
The Mayor is hereby authorized to execute the attached
amendment on behalf of the City and the City Secretary is hereby
directed to affix this Resolution, with the executed amendment
attached, to the original airport lease agreement dated July 1,
1980, inscribing on the original agreement the fact it has been
amended and the effective date of such amendment.
SECTION III.
This Resolution shall be effective ~mmediately upon its
passage and approval.
PASSED AND APPROVED this the day of
~'~-0% S~EWART, MAYOR
CITY'OF DEN~0N, TEXAS
ATTEST
cH~LOTTE' ALLEN,-R~ITY SECRETARY
CITY OF;DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
JOE D. MORRIS, ACTING CITY ATTORNEY
CITY OF|DENTON, TEXAS
AMENDMENT TO AIRPORT LEASE AGREEMENT
THE STATE OF TEXAS )
KNOW ALL MEN BY THESE PRESENTS'
COUNTY OF DENTON )
The City of Denton, Texas, hereinafter referred to as Lessor,
and Fox-51 Limited, hereinafter referred to as Lessee, do hereby
mutually agree as follows:
1. Subparagraph A of Paragraph I of the airport agreement
dated July 1, 1980, between Lessor and Lessee is hereby
amended to read as follows
A. Land.
A 100 x 200 foot tract of land, bezng approxzmately 20,000
square feet, and a 140 x 220 foot tract of land, being
approximately 30,800 square feet, having a combined area of
approximately 50,800 square feet or 1.166 acres, described
as follows
COMMENCING at the northwest corner of a tract of land as
conveyed to P. F. Breen by deed recorded in Volume 127,
Page 185 of the Deed Records of Denton County, Texas said
point lying in the South right of way lzne of FM Road 1515,
THENCE west along the south right of way line of FM Road
1515 a distance of 350 feet to a poznt,
THENCE north along the west r~ght of way line of FM Road
1515 a distance of 1,000 feet to a point,
THENCE west perpendicular to sazd right of way line of FM
1515 a distance of 870 feet, more or less, to a point on
the east edge of the pavement of the north taxiway,
THENCE north 13°50'41TM west along the east edge of pavement
of said north taxiway a dzstance of 10 feet to a point for
a corner,
THENCE north 76°09'19'' east perpendicular to said east edge
of pavement a distance of 180 feet to the point of beginn-
ing,
THENCE north 13°50'41'' west 180 feet east of and parallel
to said east edge of pavement a distance of 420 feet to a
point for a corner,
THENCE north 26°09'19'' east perpendicular to said east edge
of pavement a distance of 100 feet to a point for corner,
THENCE south 13°50'41TM east 280 feet east of and parallel
to said east edge of pavement a dzstance of 200 feet to a
point for a corner,
THENCE north 76°09'19'' east perpendzcular to sazd east edge
of pavement a distance of 40 feet to a poznt for a corner,
THENCE south 13°50'41'' east 320 feet east of and parallel
to sa£d east edge of pavement a distance of 220 feet to a
point for a corner,
THENCE south 76°09'19'' west perpendicular to said east edge
of pavement a distance of 140 feet to the place of beginn-
ing and containing 50,800 square feet of land, more or less.
2. Subparagraph A of Paragraph III of the azrport agreement
dated July 1, 1980, between Lessor and Lessee is hereby
amended to read as follows
A. LAND RENTAL
$1,778.00 per year, payable annually zn advance on the
first day of February each year during the term of this
agreement or, at the option of the Lessee, payable in
monthly installments as follows the first monthly payment
due on the first day of February, 1985, in the sum of
$148.17 and equal monthly installments thereafter in the
sum of $148.17 in advance, on or before the first day of
each and every month during the term of this agreement. It
is expressly understood and agreed that the yearly rental
for the land herein leased shall be read0usted at the end
of each five (5) year period during the term of this lease,
(the first such readjustment occurring July 1, 1985), up or
down, on the basis of the proportion that the then current
United States Cost of Living Index for the Dallas/Fort
Worth, Texas Standard Metropolitan Statistical Area, as
compiled by the U.S. Department of Labor, Bureau of Labor
Statistics, bears to the June, 1980, index which was 256.4
(1967 = 100). The land rental amount as now based upon
.035 dollars (3.5 cents) per square foot per year for the
land herein leased and it is expressly understood and
agreed that the rental increase or decrease, if any, for
each five (5) year rental ad3ustment under this lease shall
not exceed fifty (50%) percent of the annual rental of One
Thousand Seven Hundred Seventy-Eight Dolars ($1,778.00).
3. Subparagraph (7) of Paragraph XV of the airport agree-
ment dated July 1, 1980, between Lessor and Lessee relating
to the right to lease additional property is hereby deleted
because the Lessee has exercised this right through thzs
lease amendment.
EXECUTED this /~TA~day of January, 1985.
ATTEST:
CH~RLO'I'T~ 'ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
· MORRIS, ACTING CITY ATTORNEY
CITY OF DENTON, TEXAS
FOX-51 LIMITED, LESSEE
BY
F. D. STRIGKLER, PRESIDENT
THE STATE OF TEXAS
COUNTY OF DENTON
Before me, the undersigned authority, in and for said County,
Texas, on this date personally appeared F. D. Strzckler, known to me
to be the person and officer whose name is subscribed to the fore-
gozng instrument, and acknowledged to me that the same was the act
of the said Fox-51 Limited, a corporation of the State of Texas, and
that he executed the same as the act of said corporation for the
purposes and consideration therein expressed, and in the capacity
therein stated.
Given under my hand and seal of office this day
of , 1984.
NOTARY PUBLIC
DENTON COUNTY, TEXAS
My Commission expires
RESOLUTION
WHEREAS, the Fort Worth Regional Office of the U. S. Department
of Housing and Urban Development has Section 312 Rehabilitation
loan funds available for distribution to cities certifying their
deszre to participate in the Section 312 Program and committing
themselves to paying the administrative costs incurred in operating
the program, and
WHEREAS, the City Council of the City of Denton, Texas,
believes it to be in the best interests of the citzzens of Denton
to participate in such program,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
DENTON, TEXAS, THAT
SECTION I.
The City of Denton, Texas, hereby certifies its desire to
participate in the "Section 312 Program," Section 312 of the
Housing Act of 1964, 42 U.S.C. 1452b., as amended, and hereby
commits itself to pay the administrative costs incurred zn the
operation of the program.
SECTION II.
The Office of Community Development is hereby authorized to
submit the appropriate application for Section 312 Rehabilitation
loan funds including a copy of this Resolution therewith.
SECTION III.
This Resolution shall become effective immediately upon its
passage and approval. ,~ '~
PASSED
~'iC~I~KD O.'~TEWAR/~, MAYOR
CITY OF DE~TON, TEXAS
ATTEST.
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM.
JOE D. MORRIS, ACTING CITY ATTORNEY
CITY OF DENTON, TEXAS
0139L (19L)
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON TEXAS
The Mayor is hereby authorized and directed to execute on
behalf of the City of Denton, Texas, a Pzpe Line License Agree-
ment dated January 1, 1985, between the City of Denton and the
Missouri-Kansas-Texas Railroad Company, relating to the construc-
tion, reconstruction, use, maintenance, operation, repair and
znstallation by boring method one pipe line encased zn a carrier
pipe not exceeding eighteen inches (18") in diameter, to be used
for carrying a sanitary sewer line beneath Missouri-Kansas-Texas
Railroad Company's right-of-way at Mile Post K-722.69, Denton
County, Texas.
ATTEST.
CHARLOTTE ALLEN,~CITY SECRETARY /
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM.
JOE D. MORRIS~ ACTING CITY ATTORNEY
CITY OF DENTON, TEXAS
~/~ISSOUHI-KANSAS-TEXAS I~AILHOAD COMPANY
REAL ESTATE AND INDUSTRIAL DEVELOPMENT DEPARTMENT
701 COMMERCE STREET
DALLAS TEXAS 7S202
(214) 651 6754
3anuary 4, 1985
FzIe. T-18753-B
Mr. Roger N. Wilkinson
Right of Way Agent
City o¢ Dento% Ts×as,
Municipal Building
Denton, Texas 76201
Re Pipe Line License covering one 18-inch sanitary
sewer pipe line at Mile Post K-722,69 in Denton, TX
Dear Mr, Wilkinson'
A Pipe Line License has been prepared in reply to your request to cross our
property at the above-referenced locatlono
In order to complete this License, we need the following'
1, All three (3) copies of the License, signed by the Mayor or other authorized
city official.
2. A copy of a Resolution from the city council authorizing the Mayor, or other
official, to execute the License for the city.
3. Remittance in the amount of the enclosed billing.
Also, be sure to forward the enclosed Contractor's ^~reem~nt and instructions to
the contractor who will be doing the actual installation ~6rk. The Contractor's
Agreement is a ~ contract between the Railroad and the contractor, and it
must also be completed befiqre work can proceed on Railroad property.
As soon as the signed Pipe Line License copies and your remittance are received,
the License will be reviewed by the various railroad departments. Upon signa-
ture by our vice-president, one fully-executed License copy will be returned to
you.
Your careful attention to the above details will help avoid an~ tise~eonauming
delays in commencing the installation of the pipe line on railro~ p?dpe~L¥.
Sincerely,
3afl Seidner
Right of Way Contracts Manager
214/651-6763
~S/ba
Enclosures
P. $. Please note the pipe line crossing must maintain a 30 foot clearance to
the north end of our bridge as shown in Exhibit "A' drawing.
ORIGINAL
CTTY OF DI~NTONs TEXAS B~II Audit No 1-1-6-7-8
Mun:l. cipal Butldin~:
Dentons ~ 76201 Month's Acct
RE&ID# 1t44.-85
MAKE CHECK PAYABLE TO
MISSOURI-KANSAS-TEXAS RAILROAD COMPANY DATE 1-4-85
REMIT TO TREASURER 700 Katy Building, Dallas, Texas 75202 FILE T-!R753
CONS~I)ERATION due under terms and conditions of
Pipe Line License, effective January 1s 1985, covering
one 18-inch sanitary se~r pipe line at Mile Post
K-722,69 in Denton, TX ................................... $1,195
DUPLYC~ ~ T"T ?E RFT,/¥'D
Y ' - ,7 - * ,~2D,-2 I0 RE- J
PIPE LINE LICENSE
THIS AGREEMENT ~'/o ,made thl~ 1st day of January . 19 85
between the MISSOURI-K%NSAS-TEXAS RAILROAD COMPANY, hereinafter called "Licensor", and
WITNESSETH
ARTICLE I
~. Te~: ~iS a~e~enc shall take effect the date hereo~, ~d unless sooner te~i-
hated as provided he=e[n~ shall continue tn force so long as used fo= the pu~ose he=sin
se~ out for a per~od o~ ten (10) years, or until ~e~naced by either party giving the
o~her parry uo~ less ~han thirty (30) days' advice notice in ~l~ing of an in~en~ion Co
~e~ina~e the s~e, ~he agreement to ~e~inace upon the e~iraCion o~ such Ce~ or no,ica,
whichever occurs first. Licensee ~s hereby siren a renewal option aC a price ~d
be negotiated no sooner than ~20 days or less than 30 days prior co the ~ira~ion of this
ce~. In the event the a~unC of renesocia~ed rental is nsc agreed to in ~iting by both
parties, prior Co the e~iration of the ~em of ~his [icense~ this license shall
cally ce~inaCe ~:houC notice, effective :he [as: day of the e~xring ~em.
2 Consideration and De~r*pt]om In cons~derauon of O~ ~OUS~D O~ ~DR~ NINE~
A~ NO/tOO .............................................. (~ ~,195 00 )DOLLARS
receipt of ~ htch ~s hereby acknowledged and of the covenants of Licensee as heremafter set fomh L~censor hereby grants a hc~se
and permission to Licensee to co~str~ct, reconst~ct, use mamtam operate, repair and ms~l] by bor~n~ method
one p~pe hne~s) encased m a ~rrtcr pipe not exceedm3 eighteen ( 18 ') aches m diameter to be
used for ~r~m~
along Licensor's prope~) at or near Denton m the County of Denton and 5~ate
of Texas . Esr convemcnce the ~ld pt~ hne ts hcremafter referred to as "Cro~smg" The location of ~[d
Crosses ~s more pa~]cularlv de~rt~d as follows
All as sho~n on Licensor's print of
Drawing No. A-31,012, Engineering Department,
Denison, Texas, dated December 11, 1984,
marked Exhibit "A", attached hereto and
made a part hereof
L~censee undertakes and agrees
I %perlfieallons fo install said Crossing according to the ~peclf~cat~on~ ct the American RaH~a~ Enu~netr~n~
A~o[iauun Par~ 5 Plpelme~ The Cro~mg ~hall be la~d and maintained at the ~ole cost of [ ~cen~e~ and m a manner and ~ ~th
the t:ack, and at least ~tve and one-hal~(5-[/2) ~eet belov the surface nj the ground
else~ere, so tt viii not Ln:er~ere vtth the sa~e operatLon o~ said railroad or cause
damage :o L:censor'a proper~y. Said pipe l~ne shall be encased tn a larger pipe ~here tt
passes under any railroad ~rack, and [or a: least ~en:y-[tve (25') lee: on each side of
the cen~er line of any such ~rack. Crossing must be installed a minimum of 30 feet north
of the end of Railroad's Brid~e No. k-722.6 for maintenance pu~oses.
2 Pre~ent Occupants To make approprmt= arrangements ~h an~ person or ~a~ enu~ occupying ~he prem~
allec~ed hereb~ pursuant to a ]case or other permission ~ramed b~ Licensor so that h~c=n~ee s sa~d Crossm~ % ~ll not unreasonabR
ratifier= ~th ~he u~e of ~he subJeCt propers) or create undue hardship on ~he person or legal ent~t~ occupying [he prem~=~
~ L~ablht~ L~censor shall no~ be hab]= for an~ damage ~o said Crossing or ~he contents ~hereof how~oe~ er such dama~
shall be caused ~h~ther b~ the neghgence of L~censor ~s a&en~ employees or otherwise
t~cen~ee assumes ~he n~k of and sha~ pro~ec~ md~mnff~ and ho~d harm~=~ L~c=~or from and a~amst all habfll~ for o r
onaccoumofmlUr~oordea[hofan%anda~]personsordamageto~rop=rt% mc]udmghves~ockk~=dormlured re~ult~n~tro~
o:her condition a~ hereto provided ~hether such mlur~ death or damage shall be caused or comr~buted ~o b~ the neghgencc ct
L~cen~or ~ agems emp]o~ee~ or o~her%~e and L~censee ~fl~ protec~ mdemmR and ho~d harm~=s~ t~cen~or and an~ oth=r~
~e~d]R using ~t~ r~gh~ of ~a~ from a]~c~a~m~ demands su~t~ or act~onsgro~mgou~ ofanvsuch ~os~ mjur~ ordemand~ ~nc]ud~ng
release ~hlch mc~udes L~c=nsor
h~cen~ee ~ha]l no~ ha~e or male aga~n~ h~cen~or an~ c~a~m or demand for or on accoum ofan~ damage t~cen~e= md~
suffer or ~uR~a~n becaus~ of an% failure of h~censor s ~Hle to the r~ht ct ~a% and [and~ occupied b% sa~d Cro~ng or an~ p~r~
~her=of
4 %%a~er To %a~e all ngh: ~o gu=s:~on the~ahd~[~ of~h~ L~c=n~e or an~ of the term~ orpro~on~her=of or th~ m~ht
ARTICLE Iil
It ~s mutualR agreed bs and betv, een the part,es, as follows
I (a) Repairs snd Relocation L~censee v, dl at all times maintain the Crossing m a safe and secure manner and m
condition satisfactory, to L~censor Licensor mas request Licensee to change the location of the Crossing or an~ part thereof o r to
make reasonable repairs as in the judgement of Licensor shall be deemed necessary to avmd interference w~th or danger m the use
or operation of Licensor s railroad or any of ~ts present or future appurtenances or telegraph telephone s~gnal or other hnes on
Licensor s right of v, ax and ~n the e~.ent ~t is found necessary for L~censor to use its entire right of v. ay or any pomon of ~t occupied
bs t he Crossing L~censee shall at tis sole ex pense and within thirty (30) days after not,ce so to do (or upon shorter not~c¢ ~n case of
emergenc`, ) reruns e sa~d Crossing, or as much of the Crossing as Is located upon that port~on of the right of v,a) so reqmred
Licensor
(h) If L~censee shall fad to perform an~, of its obhgatlons contained m th~s agreement to the maintenance of safe
conditions in and about sa~d Crossing or as to the protection of v,~res from electrical Interference on Licensor s properts or to ma ke
an`, necessar`, repairs or to relocate smd Crossing then L~censor may cause such condition to he made safe orchange of location
1o be made or repairs to he made or Crossing to be remo'.ed from Licensor s properE, L~censor acting as the agent of Llcen..ec
and ma', perform such work as ~s neces.,ars m the judgement of Licensor and Licensee shall on demand promptR re~mhur~.~-
t ~censor the v, hole cost thereof plus ten {10c'~) per cent thereon as a charge tot ,~uperx~s~on accounting and use of tooR or
do
2 ] ermlnallon I icensor max terminate th~s l ~ccnse upon ten ( IO~ da`,~ v, rttten nouce d L~cen~ee fd~]S tO keep
Xrliclc J (~r Paragraph ~ or 4 ¢)l ~rtlck 111 or ~thcrv, l,,c I iccnse~. ,,hall promplix rcmoxe s ltd ( ro~,~ng from I iccn~or
satd C ro,,,,mg v, tth~n thlrl`, ('~OI class after the termmatson of th~, agreement Lscen,,or mas remoxe the same and charge.
expense therefor to the L~censee on the ba,,~s provtded In Paragraph lib) ot Arucle III
4 M~scetlt~laeous (a} Yh~s Llcen,,e and all ot th~. pro'~smns hereto contained shall b~ binding upon the part~c~ hereto
lhctl heirs cx~cutor~ administrators ~uccessors and as~lgBs and 1 icensee agree~ to supplv notice m writing to [lccnsor ol m~
name changes L~cense~ agrees not to assign lhl~ [icense oranv interest thereto wtthout the consent ol[ men,or mwrttmg and
and every ~uch attempted a~s~gnment w~thout such prior wmtten consent shall be void and ol no ctlect In the e~ent ol ~n~
assignment I ~ccn~ee shall at all trines remain fully re~ponstble and hable lot thc payment ol the rental dany hereto spec~l~ed and
lot thc comphance of all ol ~ts other obhgatmn~ under thc terms pro~s~()ns and covenants ol th~s Itcense
(b) In the event rent m pa~d annually Ltcensor expressly reserves the mght to mcrea~e the above rental rate on an~
anniversary date ol this hcense by gtvmg Llcenqee thirty (30) days wmtten not~ce L~censor may mcrea~e the rental b~ thc
percentage that the Consumer Pmce Index ha~ increased publmhed by the Department of Labor since the last roma]
increase pemod or the last anmversa~ date hereof
(c) The personal pronouns used hereto as referring to L~censee shall be understood so to refer to Lmensee ~hether
L~censee be a natural person a parmershlp, or a corporation or any combination thereof
{d) Any not,ce hereto reqmred to be g~ven by Ltcensor to Lmensee shall be deemed properly g~ven tf served upon or
dehvered to Licensee or hm authomzed agent, or ~f posted on or ff mad~ postpmd addressed to L~censee at h~s last
known place of business
(e) No oral promtses, oral agreements or oral warranties shall be deemed a part of this L~ccnse nor shall any alterat um
amendment, supplement, or wmver of any of the provmtons of thru hcense be binding upon enher party hereto unlc~ the
same be supplemented altered, changed or amended by an instrument m wrmng s~g~d by Lmensor and L~censec
(~ Thru L~cense does not become binding upon Ltcensor untd executed by L~censor s wce-pres~dent
IN WITNESS W HEREOF, the part,es hereto have executed th~s agreement as of the day and year first above wmtten
MISSOURI-KANSAS-TEXAS RAILROAD COMPANY
By
Vtce-Pres~dent
CITY OF DENTON, TEXAS
T~t~ ~
Address 215 M'cKinney
Municipal Building
Denton, Texas 76201
FHe T-18753
-3-
MISSOURI-KANSAS-TEXAS RAILROAD COMPANY
701 COMMERCE STREI~T
OAt. L.~S TEXAS 75202 (2t4) 65! 6763
I:NPORTANT. P~ease A~ov 2-3 Veeks Co Complete
the ConCr&cCoc*e Asreemenc
To the Contractor.
Before the Ratlroad can permit you Co enter upon its property for the
~nscallac~on o£ the p~pe~na, KC v~l! be neceeeary to co~le~e ~he enclosed
Co~CracCor~s Asre~enC as fo~lov~:
~. F~l ~n the complete~ lesa~ n~e of the contractor ~n the space provided
on Pase ~oE the ConccacCo~e Asre~enC. ~E ~ co~ocaC~on~ S~ve the scare
o~ ~nco~o~C~on. ;f · p~rCnecsh~p, s~ve the names oE
2. F~LZ ~n the n~e &nd address o~ the contractor ~n
the bottom oE Pase 2 oE the ConCractoc~8 Asce~enC.
co~oraC~on, chert the person sLsnLns on ~cs behaLf~sc be eLCher = vtce-
pces~denc o~ the president.
3. Retu~ aZZ three s~ed copies oE the Conc~acCor*s Asce~enC reserver
w~ch a cert~E~ed cop~ (nec a cecC~E~c~ce) oE the ~nsucance po~c~ ~s required
b~ PacaScaph 2 aC the bottom oE the f~rsc pase oE the ContracCor*s Asre~enc.
Check Co see chaC the policy does ~nclude con~ractua~
does n0C exclude operations on ra~co~d property. Such ~n extrusion ~s o~Cen
Eo~nd a8 a p~raSraph .p. oc 'q' ~n the Z~sC of exclusions co the conCc~ccuaZ
coverase.
As soon as the ConCracCoc~ Asce~enC ~nd ~nsurance have been approved
the ~lroad~ one fulZy-executed Contractor's Asce~enC cop~ v~ be recu~ed
=o ~ou v~h LnsC~ct~ons co proceed. ~n no event shouZd ~ou enter upon
~t~;o~d property unC~Z ~ou have received a Contractor's Asceemenc copy
s~ed b~ our v~ce-pres~denC. You~ ~Ctenc~on co the ~bove
help ~vo~d C~e-consum~nS
Enc~osuree
721~80
~-~.~ ~ 0~' Form: 14~4
~ev: 10~79
CONTEACTOR'S AGREEMENT
TH. IS AGREEMENT, made this 4ch day of January
19 85 ., by and between the MISSOURI-KANSAS-TEXAS RAI~ROAD COI~PANY, A Delaware
Corporation, First Party, herein called "Railroad", and
Second Party, herein called "Contractor". ~ "'
WITNESSETH:
l. By Asreament dated $~,,ary l, 1985 ,
to Ci~Y of DenCon~ Tex~s , a
corPoration, hereinafter called '%icensee", a Pipe Line License, $ivins permiset%on
to Licenses to install one 18-tach sanitary sewer pipe line at
Mile Pos= K-722.69 '
hereinaft~r referred to as ~ork"~ at Den=on~ Den=on Coun=[t Texas
2. Licensee has entered tn~o a Contract with Contractor to perform
portion of the above described Work, across Railroad's fish= of way, and
3, Con,factor has requested Railroad to permit it to enter upon the
risht of Way of Railroad for the purPose of performin$ said Work, and Railroad
is asreeable thereto, under the follow,ns terms and conditions.
NOW, THEREFORE, it is mutually asreed by and between Railroad and Con-
=rector, as follows=
1. Railroad hereby srants permission to Con=fac=or to enter upon Rail-
road's fish= of way for the purpose of performin8 the Work ac =he location des-
cribed above; however, before entertns upon Railroad's fish= of way, Con=fac=or
will siva to Railroad'~ Roadmaster Mr~ W~ L. New=on, 555 Ross Avenue~
Dallast Texas 75202 Phone (21~) 651 6797 at leas= five (5)
days' advance notice of any Work ~o be performed upon Railroad's property.
Upon completion of said ~ork, Contractor shall immedia~ely no=try Rail-
road's Roadmaster and shall also send an executed copy of "Con=factor's
Acknowledsment of Completion of Work" to Railroad at 701 Cou~nerce Street,
Dallas, Texas 75202. Upon comple~ion of said Work, Con=rector shall promptly
remove from Ra£1road's property all tools, equipment, and materials placed
=hereon by =he Con=ractor and Contractor~s asen=s. Contractor shall restore
said property to =he same state and condition as when Con=rector entered
thereon, and shall leave said property in a clean and presentable cond£=ion.
2. Prior to cor~encemen= of any Work upon or adjacent co Railroad's
property under sa~d Contract, Contractor shall provide Railroad a certified
copy of a Contractor~s General or Comprehensive liability policy which shall
be made ~erminable only after ten (10) days' notice to Railroad, coverins =he
opera=loSs of Contractor in connection with said Work, wt=h limits of liability
in said policy no= less than $ 1~000~000 for injury Co or death of one
person in any one accident, and $ 2,000,000 for injury ~o or death of
more =has one person in any one accident, with an assresaCe property damase of
$ 1~00,000 , which policy must be endorsed to insure the con=factual
liebilit~ of Contractor under this Asreement.
3. Said Work shall be performed in accordance with plans and specifica-
tions approved by Railroad, and in such a ~anner, and aC such times as shall no=
endanser or interfere ~rith, h~nder, interrupt, or delay =he operation o[ Railroad's
trains, ensines, cars, and ocher Railroad facilities at said location.
FORM. 1414
CONTRACTOR'S ACREgMENT REV. 11/80
Page T~o
No materials, tools, or equipment shall be stored any closer than ten (10) feet
of the centerline of any track, The regulations of Railroad, and the instruc-
tions of its representatives shall be complied with relating to the proper man-
ner of pro=acting the tracks, pipe lines, wire lines, signals, and all other
property at said location, the traffic moving on such tracks and the removal
of tools, equipment, and materials.
4. Contractor agrees to reimburse Railroad for all costs and expenses
incurred by Railroad in connection with Work performed by Contractor or Sub-
Contractor, including, but not limited to, the furnishing of such inspectors,
watchmen a~d fla~nen as Railroad deems necessary to protect its property, tracks,
engines, trains and cars, and the operation thereof, the installation and removal
o£ any necessary false work beneath the tracks of Railroad, and the restoration
of Railroad's property.
The permission herein g~ven shall not be assisned by Contractor
without the prior written consent of Railroad, except in the case of Sub-con-
tractors, who shall be deemed asants of Contractor subject to the terms of this
Asreement.
Contractor, at Contractor~s expense, shall maintain competent
flag~nen to protect and control the movement of vehicles and equipment of Con-
tractor at all times while private crossings over the tracks of Railroad are
bein$ used by Contractor, Contractor~s Agents, employees and/or Sub-Contractors,
in connection with said Work.
5. In consideration of the added hazard brought about by Contractor's
operations upon Railroad's premises, Contractor agrees to release and indemnify
Railroad from and against all costs, expenses, claims and liability for injury
to or death of any persons~ and for damage to or loss of any property, however
caused, resulting from, arisin$ out of, or in any way connected with the Work
under said contract upon or adjacent to Railroad*s property, whether or not
caused or contributed to by the operation of trains on Railroad's adjacent
track, or by any negligence or alleged negligence on the part of any of Railroad's
agents or employees. For purposes of this Section 5, the term "Railroad" shall
include any other railroad company using Railroad's property at said location
with Rail'road~s consent, and any affiliate or subsidiary Railroad.
6. Should Railroad bring suit to compel performance of or to recover
for breach of any covenant or condition contained herein, Contractor shall pay
to Railroad reasonable attorney fees in addition to the amount of Judgement and
costs.
IN wITNESS WHEREOF, the parties hereto have caused these presents to
be executed as of the day and year first herein written.
HISSOURI-KANSAS-TEXAS RAILROAD COMPANY
By , By Vice-President
Title'
Address:
File' T-18753
Forms 1414
Revs 10/79
CONTRACTOR'S AGREEMENT
THIS AGREEMENT, made this ~th day of January
19 85 , by and between the MISSOURI-KANSAS-TEXAS RAILROAD COMPANY,~I~ware
Corporation, First Party, herein called "Railroad", and -(~?~-.~ ,
Second Part-y, herei~ called "Contractor". ~
WITNESSETH~
1, By Asreement dated Ja~,~ry l, 1985 , Railroad grant
to City ~ Denton~ Texas , a Municipal
Corpora~ion, hereina~ter called '~icensee", a Pipe Line License, $ivin$ permission
to Licensee to install one 18-inch sanitary se~er ~i~e line at
~e Post E-72~.~9 ,
hereina~ter re~erred to as ~ork", at Den~on~ Denton Count¥~ Texas
2o Licensee has entered into a Contract ~ith Contractor to perform that
portion o£ the above described Work, across Railroad's right o£ ~ay, and
3. Contractor has requested Railroad to permit it to enter upon the
risht o~ ~ay o£ Railroad ~or the purpose of per£ormin$ said Work, and Railroad
is agreeable thereto, under the £ollowtng terms and conditions.
NOW, THEREFORE, it is mutually asreed by and between Railroad and Con-
tractor, as follo~ss
1. Railroad hereby grants permission to Contractor to enter upon Rail-
road's r~ght of ~ay for the purpose of perfforming the Work at the location des-
cribed above; however, before enterins upon Railroad's right of ~ay, Contractor
~ill give to Railroad's Roadmaster ~r~ W. L. Nevrcon~ 5~ ~oss Avenue~
Dallas! Texas ?~202 - Phone (2~4) ~-67~? at least five (~)
days' advance notice o£ any Work to be performed upon Ra~road's property.
Upon completion of said Work, Contractor shall t~ediatel~ notify Rail-
road's Roadmaster and shell also send an executed copy of "Contractor's
Ackno~ledsment o~ Completion o£ Work" to Railroad at 701 Co~nerce Street,
Dallas, Texas 7~202. Upon completion of sa~d Work, Contractor shall promptly
remove from Railroad's property all tools, equipment, and materials placed
thereon by the Contractor and Contractor's asents. Contractor shall restore
sa£d property to the same state and condit~on as when Contractor entered
thereon, and shall leave said property in a clean and presentable condition.
2. Prior to cor~nencament of any Work upon or adjacent Co Railroad's
property under sa~d Contract, Contractor shall provide Railroad a certified
copy of a Contractor's General or Comprehensive liabili~y policy which shall
be made terminable only after ten (10) days' notice to Railroad, coverin2 the
operations o£ Contractor ~n connection ~ith said ~ork, with limits o[ liability
in se£d policy not less than $ 1~000~000 for injury to or death of one
person in an~ one accident, and $ 2,000,000 ~or injury to or death of
more than one person in any one accident, ~i~h an aggregate proper~y damase of
$ 1,000,000 , which policy must be endorsed to insure the contractual
.liabilit~ of Contractor under this Agreement.
3. Said Work shall be performed in accordance with plans and specifica-
tions approved by Railroad, and in such a manner, and at such times as shall not
endanger or interfere with, hinder, interrupt, or delay the operation of Railroad's
trains, engines, cars, and other Railroad facilities at said location
CONTRACTOR'S AGREEMENT FORM. 1414
Page Two REV. 11/80
No materials, tools, or equipment shall be stored any closer than ten (10) feet
of the centerline of any track. The regulations of Railroad, and the instruc-
tions of its representatives shall be compiled with relating to the proper man-
ner of protecting the tracks, pipe lines, wire lines, signals, and all other
property at said location, the traffic moving on such tracks and the removal
of tools, equipment, and materials.
&. Contractor agrees to reimburse Railroad for all costs and expenses
incurred by Railroad in connection with Work performed by Contractor or Sub-
Contractor, including, but not l~nited to, the furnishing of such inspectors,
watchmen and flagman as Railroad deems necessary to protect its property, tracks,
engines, trains and cars, and the operation thereof, the installation and removal
of any necessar~ false work beneath the tracks of Railroad, and the restoration
of Railroad's property.
The permission herein $~ven ehall not be assigned by Contractor
without the prior written consent of Railroad, except in the case of Sub-con-
tractors, who shall be deemed agents of Contractor subject to the terms of this
Agreement.
Contractor, at Contractor's expense, shall maintain competent
flagman to protect and control the movement of vehicles and equipment of Con-
tractor at all times while private crossings over the tracks of Railroad are
being used by Contractor, Contractor's Agents, employees and/or Sub-Contractors,
in connection with said Work.
5. In consideration of the added hazard brought about by Contractor's
operations upon Railroad's premises, Contractor agrees to release and indemnify
Railroad from and against all costs, expenses, claims and liability for injury
to or death of any persons, and for damage to or loss of any property, however
caused, resulting from, arising out of, or in any way connected with the Work
under said contract upon or adjacent to Railroad's property, whether or not
caused or contributed to by the operation of trains on Railroad's adjacent
track, or by any negligence or alleged negligence on the part of any of Railroad's
agents or.employees. For purposes of this Section 5, the term "Railroad" shall
include any other railroad company using Railroad's property at said location
with Railroad's consent, and any affiliate or subsidiary Railroad.
6. Should Railroad bring suit to compel performance of or to recover
for breach of any covenant or condition contained herein, Contractor shall pay
to Railroad reasonable attorney fees in addition to the amount of judgement and
COSTS.
IN WITNESS WHEREOF, the parties hereto have caused these presents to
be executed as of the day and year first herein written.
MISSOURI-KANSAS-TEXAS RAILROAD COMPANY
By By
Vice-President
Title'
Address'
File T-18753
RESOLUTION
WHEREAS, the City of Denton has submitted to the Federal
Aviation Administration an application for Federal Assistance
dated November 12, 1984, for a grant of Federal Funds for a
project for development of the Denton Municipal Airport, and
WHEREAS~ the Federal Aviation Administration has approved a
project for development of the Airport consisting of a Master Plan
Update and Environmental Impact Assessment Report, and
WHEREAS, the Federal Aviation Administration has submitted to
the City of Denton a Grant Offer in the amount of $34,691.00, as
authorized by the Airport and Airway Improvement Act of 1982, for
such airport planning and development, NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS:
SECTION I.
That the City of Denton hereby accepts the Grant Offer from
the Federal Aviation Administration in the amount of $34,691.00
and agrees to comply with all of the assurances and conditions
contained in the Grant Offer and Application therefore.
SECTION II.
That the City Manager or his designee is hereby authorized to
execute such written agreements as are necessary to receive the
funds from the FAA.
SECTION III.
That this Resolution shall be effective immediately upon its
passage and approval.
PASSED AND APPROVED this the ,~+l, day of ~_~~, 1985.
ATTEST:
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
JOE D. MORRIS, ACTING CITY ATTORNEY
CITY OF DENTON, TEXAS
BY. ~
JAN ~ B 11~
The Mom ~ IttoImt*d Oo
X ~ ~ M ~ ~, ~ ~o~e ~ your ~equeot r~ a~atanoe
~he F~
~~
At~ ~ ~ ~t y~ to p~vtde ~ m~ you
S~ -.
f
Page 1 of 10pages
~' DEPARTMENT OF TRANSPORTATION
U.S Department ,
ofVansportation FEDERAL AVIATION ADMINISTRATION
Federal Aviation
Administrction
GRANT AGREEMENT
Part 1 - Offer
Date of Offer February 28, 1985
Denton Municipal Airport/Planning Area
Project No. 85-1-3-48-0067-02-85
Contract No. DOT-FA-85-SW-8679
T0: City of Denton, Texas
(herein called the "Sponsor")
FAOM: The United States of America (acting through the Federal Aviation
Administration, herein called the "FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application dated
November 12, 1984 for a grant of Federal funds for a project at or
associated with the Denton Municipal
Airport/Planning Area which Project Application, as approved by the FAA,
is hereby incorporated herein and made a part hereof; and ,
WHEREAS, the FAA has approved a project for the Airport or Planning Area
(herein called the "Project") consisting of the following:
Master Plan Update and Environmental Impact Assessment Report
all as more particularly described in the Project Application.
FAA Form 5100-37 (8-84)
Page 2 of 10 pages
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions
of the Airport and Airway Improvement Act of 1982, herein called the "Act,"
and/or the Aviation Safety and Noise Abatement Act of 1979, and in
consideration of (a) the Sponsor's adoption and ratification of the
representations and assurances contained in said Project Application and
Sts acceptance of this Offer as hereinafter provided, and (b) the benefits
to accrue to the United States and the public from the accomplishment of
the Project and compliance with the assurances and conditions as herein
provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE
UNITED STATES, HEAEBY OFFERS AND AGREES to pay, as the United States share
of the allowable costs incurred in accomplishing the Pro~eet, 90 percent.
This Offer Ss made on and subject to the following terms and conditionst
Conditions
1. The maximum obligation of the United States payable under this
offer shall be E 34,691. .
a 34,691 for planning
2. The allowable.costs of the project shall not include any costs
determined by the FAA to be ineligible for consideration as to
allowability under the Act.
3. Payment of the United States share of the allowable project costs
will be made pursuant to and in accordance xith the provisions
of such regulations and procedures as the Secretary shall prescribe.
Unless otherwise stated in this grant agreement, any program income
earned by the sponsor during the grant period shall be deducted
from the total allowable project costs prior to making the final
determination of the United States share. Final determination
of the United States share x311 be based upon the final audit of
the total amount of alloxable pro~eet costs and settlement will
be made for any upward or downward adjustments to the Federal share
of costs.
4. The sponsor shall carry out and complete the Project without
undue delays and in accordance with the terms hereof, and such
regulations and procedures as the Secretary shall prescribe, and
agrees to comply with the assurances which were made part of the
project application.
FAA Form 5100-100 (8-84)
Page 3 ofl0pages
5. The FAA reserves the right to amend or withdraw this offer at any time
prior to its acceptance by the sponsor.
6. This offer shall expire and the United States shall not be obligated to
pay any part of the costs of the project unless this offer has been
accepted by the sponsor on or before April 29, 1985 or
such subsequent date as may be prescribed in writing by the FAA.
7. The sponsor shall take all steps, including litigation if necessary. to
recover Federal funds spent fraudulently, wastefully, or in violation of
Federal antitrust statutes, or misused in any other manner in any project
upon which Federal funds have been expended. For the purposes of this
grant agreement, the term "Federal funds" means funds however used or
disbursed by the sponsor that were originally paid pursuant to this or any
other Federal grant agreement. It shall obtain the approval of the
Secretary as to any determination of the amount of the Federal share of
such funds. It shall return the recovered Federal share, including funds
recovered by settlement, order or judgment, to the Secretary. It shall
furnish to the Secretary, upon request, all documents and records per-
taining to .the determination of the amount of the Federal share or to
any settlement, litigation, negotiation, or other efforts taken to
recover such funds. All settlements or other final positions of the
sponsor, in court or otherwise, involving the recovery of such Federal
share shall be approved in advance by the Secretary.
8. The United States shall not be responsible or liable for damage to
property or injury to persons which may arise from, or be incident to,
compliance with this grant agreement, and the sponsor shall hold the
United States harmless from all claims arising from, or related to,
completion of the proaect or the sponsor's continuing compliance with
the terms, conditions, and assurances in this grant agreement.
Special Conditions
9. The sponsor shall comply with the revised Part V Assurances, attached,
which are substituted for those submitted with the application.
10. The sponsor shall prepare the Environmental Impact Assessment Report
(EIAR) as a separate document and may be required to provide 45 copies of the
final EIAR for coordination.
FAA Form 5100-37 (8-84)
Page 4 of 10 pages
The Sponsor's acceptance of this Offer and ratification and adoption of the
Project Application incorporated herein shall be evidenced by execution of
this instrument by the Sponsor, as hereinafter provided, and this Offer and
Acceptance shall comprise a Grant Agreement, as provided by the Act,
constituting the contractual obligations and rights of the United States and
the Sponsor with respect to the accomplishment of the Pro,Ject and compliance
with the assurances and conditions as provided herein. Such Grant Agreement
shall become effective upon the Sponsor's acceptance of this Offer.
CNITED OF Ah':F.RI A
FEDER //IOtJ- ?T RAT
(Name) ~CC ~ 1 LC-`~,~LZ~
Gene L. Fa ner _
(Title) Man~plannine and Programming Branct
Part II - Acceptance
The Sponsor does hereby ratify and adopt all assurances, statements,
representations, warranties, covenants, and agreements contained in the
Project Application and incorporated materials referred to in the foregoing
Offer and does hereby accept this Offer and by such acceptance agrees to
comply with all of the terms and conditions in this Offer and in the
Project Application.
Executed this ~ I (~ y
day of 'f}'1lG~G~~`-G'l~ r 19~.~.
(SEAL)
Attest:
Title:
I,
That in my opinion the Sponsor is empowered to enter into the
foregoing Grant Agreement under the laws of the State of Texas
Further, 1 have examined the foregoing Grant Agreement and the actions
taken by said Sponsor relating thereto, and find that the acceptance thereof
by said Sponsor and Spansor's official represent.atlve has been duly authorized
and that the execution thereof is in all respects due and proper and in
accordance with the laws of the said State and the Aet. In addition, for
grants involving projects to be carried out on property not owned by the
Sponsor, there are no legal impediments that will prevent full performance
by the Spansor. Further, it is my opinion that the said Grant Agreement
constitutes a legal and binding obligation of the Sponsor in accordance
with the terms thereof.
Dated at ~, ~ - this i ~ T h day
Sign re of Sponsor's Attorney
me r..~ atnn_~~~ io_oe~
acting as Attorney for the Sponsor do hereby certify:
PART V
ASSURANCES FOR PLANNING GRANTS
These assurances are to be attached to and become a part of this grant
agreement.
Sponsor Certification. The sponsor hereby assures and certifies, with
respeci to this grant that:
1. General Federal Acquirements. It will comply with all applicable
Federal laws, regulations, executive orders, policies, guidelines
and requirements as they relate to the application, acceptance and
use of Federal funds for this project including but not limited to
the following:
Federal Legislation
a. Federal Aviation Act. of 1958 - 49 U.S.C. 1301, et seg.
b. Hatch Act - 15 U.S.C. 1501, et seg. 2/
c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq.
d. Davis-Bacon Act. - 40 U.S.C 276(a), et. sec. 1/
e. Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 - Titles II and III,
42 U.S.C.-4621-4655. 1/ 2/
f. National Historic Preservation Act of 1.966 - Section 106 -
16 U.S.C. 470(f). 1/
g. Archeological and Historic Preservation Act of 1961 -
16 U.S.C. 461, et seg. 1/
h. Flood Disaster Protection Act of 1973 - Section 102(a) -
42 U.S.C. 4001, note. 1/
1. Rehabilitation Act of 1973 - 29 U.S.C. 794.
,j. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d, et secy.
k.- Aviation Safety and Noise Abatement Act of 1979,
49 U.S.C. 2101, et seq.
1. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et sec.
m. Architectural Harriers Act of 1968 - 42 U.S.C. 4151, et. sec.
n. Airport and Airway Zmprovement Act of 1982 -
49 U.S.C. 2201, et seq
o. Powerplant and Industrial Fuel Use Act of 1978 - Section 403 -
42 U.S.C. 8373. 1/
p. Contract Nork Hours and Safety Standards Act - 40 U.S.C.
327, et sec. 1/
q. Copeland Kickback Act - 18 U.S.C. 874. 1/
r. National Environmental Policy Act of 1969 - 42 U.S.C.
4321, et seg. 1/
s. Endangered Species Act - 16 U.S.C 668(a), et seq. 1/
1/ These laws do not apply to planning projects.
2/ These laws do not apply to private sponsors.
1/
FAA Form 5100-100 (8-84)
Executive Orders
Executive Order 12372, Intergovernmental Review of Federal
Programs.
Federal Regulations
a. 49'CFR Part 21 - Nondiscrimination in Federally-Assisted Programs
of the Department of Transportation - Effectuation of Title VI
of the Civil Rights Act of 1964.
b. 49 CFR Part 23 - Participation by Minority Business Enterprise
in Department of Transportation Programs.
c. 49 CFA Part 25 - Aelocation Assistance and Land Acquisition
for Federal and Federally Assisted Programs.
d. 29 CFR Part 1 -Procedures for Predetermination of Wage Rates.
e. 29 CFR Part 3 - Contractors or Subcontractors on Public Euildings
or Public Works Financed in Whole or Part by Loans or Grants
from U.S.
f. 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts
Covering Federally Financed and Assisted Construction.
g. 49 CFA Part 27 - Non-Discrimination on the Basis of Handicap in
Programs and. Activities Receiving or Benefiting Prom Federal
Financial Assistance.
h. 41 CFR Part 60 - Office of Federal Contract Compliance Programs,
Equal Employment Opportunity, Department of Labor (Federal and
Federallyassisted Contracting Requirements).
i. 14 CFR Part 150 - Airport Noise Compatibility Planning.
~. Aeserved.
Office of Management and Budget. Circulars
a. A-87 - Cost Principles Applicable to Grants and
Contracts with State and Local Governments. •
b. A-102 - Uniform Requirements for Assistance to
State and Local Governments. •
• OMB Circulars A-87 and A-102 contain requirements for state
and local governments receiving Federal assistance. Any
requirement levied upon state and local governments by those
FAA Form 5100-100 (8-84)
two circulars ahall also be applicable to private sponsors
receiving Federal assistance under the Airport and Airway
Improvement Act of 1982.
Specific assurances required to be Sncluded in grant agreements by any
of the above laws, regulations or circulars are incorporated by
reference in the grant- agreement.
2. Responsibilit and Authority of the Sponsor.
a. Public Agency Sponsor: It has legal authority to apply for the grant,
and to finance and carry out the proposed project; that. a resolution,
motion or similar action has been duly adopted or passed as an official
act of the applicant's governing body authorizing the filing of the
application, including all understandings and assurances contained
therein, and directing and authorizing the person identified as the
official representative of the applicant to act in connection with
the application and to provide such additional information as may be
required.
b. Private Sponsor: It has legal authority to apply for the grant
and to finance and carry out the proposed project and comply with
all terms, conditions, and assurances of this grant agreement.
It shall designate an official representative, and shall in writing
direct and authorize that person to file this application, including
all understandings and assurances contained therein; to act 1n
connection with the application; and to provide such additional
information as may be required.
3. ~onsor Fund Availability. It has sufficient funds available for that
portion of the project costs which are not to be paid by the United
States. It has sufficient funds available to assure operation and
maintenance of 1.L ems funded under the grant agreement which St will
own or control.
4, Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive
it of any of the rights and powers necessary to perform any or
all of the terms, conditions, and assurances Sn the grant agreement
without the xrit.ten approval of the Secretary, and x111 act
promptly to acquire, extinguish or modify any outstanding rights or
claims of right of others which would interfere with such performance
by the sponsor. This shall be done Sn a manner acceptable to
the Secretary. '
FAA Form 5100-100 (8-SG)
b. It will not sell, lease, encumber or otherwise transfer or dispose
of any part of its title or, other interests in the property shown
on Exhibit A to this application or, for a noise program
implementation project, that portion of the property upon which
Federal funds have been expended, for the duration of the terms,
conditions, and assurances in the grant agreement without approval
Dy the Secretary. If the transferee is found by the Secretary to be
eligible under Lhe Airport and Airway Improvement. Act of 1982 to
assume the obligations of the grant agreement and to have the
power, authority, and financial resources to carry out all
such obligations, the sponsor shall insert in the contract or
document.transferring or disposing of the sponsor's interest,
and make binding upon the transferee, all of the terms,
conditions, and assurances contained in this grant agreement.
c. For all noise program implementation protects which are to be
carried out by another unit of local government or are on property
owned by a unit of local government other than the sponsor, it
will enter into an agreement with 'that government. Except as
otherwise specified Dy the Secretary, that agreement shall obligate
that government to the same terms, conditions, and assurances that
would be applicable to it Sf it applied directly to the FAA for a
grant to undertake the noise program implementation protect. That
agreement and changes thereto must be satisfactory to the Secretary.
It will take steps to enforce this agreement against the local
government there Ss substantial non-compliance with the terms of
the agreement..
d. For noise program implementation protects to be carried out on privately
owned property, it will enter Into an agreement with the owner of
that property which includes provisions specified Dy the Secretary.
It will take steps to enforce this agreement against the property
owner whenever there is substantial non-compliance with the terms
of the agreement.
e. If the sponsor Ss a private sponsor, it will take steps satisfactory
to the Secretary to ensure that. the airport will continue to
function as a public-use airport in accordance with these assurances
for the duratioh of these assurahces.
f. If an arrangement is made for management and operation of the
airport by any agency or person other than the sponsor or an
employee of the sponsor, the sponsor will reserve sufficient
rights and authority to insure that the airport will•be operated
and maintained in accordance with the Airport and Airway
Improvement Act of 1982, the regulations and the terms,
conditions and assurances in the grant agreement and shall
in_ire that such arrangement also requires compliance therewith..
FAA Form 5100-100 (8-84)
5, Consistency with Local Plans. The project is reasonably consistent
with plans (existing at the time of submission of this application) of
public agencies that are authorized by the State in which the project
1s located to plan for the development of the area surrounding the
airport. For noise program implementation projects, other than land
acquisition, to De carried out on property not owned by•tbe airport
and over which property another public agency has land use control or
authority; the sponsor shall obtain fY~om each such agency a written
declaration that such agency supports the pro3ect and the pro~eet is
reasonably consistent xith the agency's plans regarding the property.
6. Accounting System, Audit, and Recordkeepintt Requirements.
a. It shall keep all project accounts and records which fully disclose
the amount and disposition by the recipient of the proceeds of
the grant, the total cost of the project in connection with which
the grant is given or used, and the amount and nature of that portion
of the cost of the project supplied by other sources, and such
other financial records pertinent to the project. The accounts
and records shall be kept in accordance with an accounting system
that will facilitate an effective audit in accordance with the
U.S. General Accounting Office publication entitled Guidelines
for Financial and Compliance Audits of Federally Assisted Prorrrams.
b. It shall make available to the Secretary and the Comptroller
General of the United States, or any of their duly authorized
representatives, for the purpose of audit and examination, any
books, documents., papers, and records of the recipient that are
pertinent to the grant. The Secretary may require that an
appropriate audit be conducted by a recipient. In any case
in which an independent audit is made of Lhe accounts of a
sponsor relating to the disposition of the proceeds of a grant
or relating to the project 1n connection with which the grant
was given or used, it shall file a certified copy of such
audit with the Comptroller General of the United States not later
than 6 months following the close of the fiscal year for which
the audit was made.
FAA Form 5100-100 (8-84)
7. Planning Pro~eets. In carrying out planning protects:
a. It will execute the protect in accordance with the approved
program narrative contained Sn the protect application or
with modifications similarly approved.
b. It will furnish the Secretary with such periodic reports as
required pertaining to the planning protect and planning
work activities.
c. It will include Sn all published material prepared in connection
with the planning protect a notice that the material was prepared
under a grant provided by the United States.
d. It will make such material available for examination by the
public, and agrees that no material prepared with fl:nds under
this protect shall be subtect to copyright in the United States
or any other country.
e. It will give the Secretary unrestricted authority to publish,
disclose, distribute, and otherwise use any of the material
prepared in connection with this grant.
f. It will grant the Secretary the right to disapprove the
Sponsor's employment of specific consultants and their
subcontractors to do all or any part of this protect as
well as the right to disapprove the proposed scope and cost
of professional services.
g. It will grant the Secretary the right to disapprove the use
of the sponsor's employees to do all or any part of the protect.
h. It understands and agrees that the Secretary's approval of this
protect grant or the Secretary's approval of any planning material
developed as part of this grant does not constitute'or imply
any assurance or commitment on the part of the Secretary
to approve any pending or future application for a Federal
airport grant.
S. Civil Rights. It will comply with such rules as are promulgated
to assure that no person shall, on the grounds of race, creed,
color, national origin, sex, age, or handicap be excluded from
participating in any activity conducted with or benefiting from
funds received from this grant. This assurance obligates the sponsor
for the period during which Federal financial assistance is extended
to the program, except where the Federal financial assistance is to
provide, or is in the form of personal property or real property or
interest therein or structures or improvements thereon, in which case
the assurance obligates the sponsor or any transferee for the longer
of the following periods: (a) the period during which the property
is used for a purpose for which Federal financial assistance is
extended, or for another purpose involving the provision of similar
services or benefits or (b) the period during which the sponsor
retains ownership or possession of the property.
FAA Form 5100-100 (8-84)
555L
RESOLUTION
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON DESIGNATING
CERTAIN CITY OFFICIALS AS BEING RESPONSIBLE FOR, ACTING FOR, AND
ON BEHALF OF THE CITY OF DENTON IN DEALING WITH THE TEXAS PARKS
AND WILDLIFE DEPARTMENT FOR THE PURPOSE OF PARTICIPATING IN THE
LAND AND WATER CONSERVATION FUND ACT OF 1965, CERTIFYING THAT THE
CITY OF DENTON IS ELIGIBLE TO RECEIVE ASSISTANCE UNDER SUCH
PROGRAM.
WHEREAS, the United States Congress has passed the Land and
Water Conservation Fund Act of 1965 (Public Law 88-578), authoriz-
zn§ the Secretary of the Interior to provide financial assistance
to states, and political subdivisions thereof, for outdoor
recreation purposes, and
WHEREAS, the Texas Legislature has adopted Article 6081r,
V.A.C.S., for the purpose of allowing the State of Texas, and zts
political subdivisions, to participate in the Federal program
established under said Public Law 88-578, or such other programs
as are hereinafter established by the Federal Government, and
WHEREAS, the City of Denton zs fully eligible to receive
assistance under this Program, and
WHEREAS, the City Council of the City of Denton is desirous of
authorizing its administrative staff to represent and act for the
city in dealing with Texas Parks and Wildlife Department concerning
this Program, NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
SECTION I:
That the City Council of the City of Denton hereby certifies
that the City of Denton is elzgible to receive asszstance under
Public 88-578, as augmented by Article 6081r, V.A C.S
SECTION II
That the City Council hereby authorizes and directs its City
Manager to represent and act for the City of Denton in dealzng
with the Texas Parks and Wildlife Department for the purpose of
PAGE 1
this Program. The City Manager is hereby offzcially designated as
the City's representative in this regard.
SECTION III:
The City Council hereby designated zts Director of Fznance as
the official authorized to serve as the City's fiscal offzcer to
recetva Federal funds for purposes of this Program.
SECTION IV
The City Council hereby specifically authorizes the City
officials herein designated to make applicatzon to the Texas Parks
and Wildlife Department concerning the tract of land known as
Northeast Park in the City of Denton.
INTRODUCED, READ AND PASSED by the affirmatzve vote of the
Council of the City of Denton, on this ~A_ day of
City
1985.
ATTEST
CHARLO~TEALLF~, C~TY SECRETAR~
CITY OF DENTOn, TEXAS
APPROVED AS TO LEGAL FORM.
JOE D. MORRIS, ACTING CITY ATTORNEY
CITY OF DENTON, TEXAS
0
PAGE 2
0981L
RESOLUTION
WHEREAS, the City Council of the City of Denton, Texas, by
Ordinance No. ~-~, has created and established a Police Reserve
Force pursuant~6~ticle 998a., V.T.C.S, and
WHEREAS, Article 998a., V.T.C.S., requires that the City
Council approve persons appointed to the Police Reserve Force
before those persons may carry a weapon or otherwise act as a
peace officer, and
WHEREAS~ the City Council deems it to be in the best interests
of the public safety and security of the citizens of Denton to
authorize members of the Police Reserve Force to exercise the full
authority allowed by statute; NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT'
Section I.
The. following members of the Police Reserve Force are hereby
approved:
Pam Allen Kerry Jones
Mike Barrow Dana Kaisner
Art Behrens Chuck Kull
Linda Cagle John Lasstter
Alice Gore Shirley Jean Lawson
Louis Heath Robert Lockett
Brian Joseph Horn Ivey Price
Ronald H. Hull Shep Scogtn
Mike Hupp
Section II.
The members of the Police Reserve Force approved in Section I
hereof may carry weapons only when authorized by the Chief of
Police .and when discharging official duties as duly constituted
peace officers.
Sec$ion III.
This Resolution shall be effective immediately upon its
passage and approval.
PASSED AND APPROVED this the of 1995.
CITY OF DENTON, TEXAS
ATTEST.
CHAREOTT~ ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
ASSISTANT CITY ATTORNEY
CITY OF DENTON, TEXAS
RESOLUTION
WHMREAS, the City of Denton has leased land upon the Denton
Municipal Airport to Fox-51 Limited by lease agreement dated
July 1, 1980, and
WHEREAS, Fox-51 Limited desires to construct a 100 X 142
foot aircraft hangar and related office, storage and ramp
facilities upon the leased premises, and
WHEREAS, the lease agreement provides that the plans and
specifications and the location of the improvements, the
estimated cost of such construction, and the agreed estimated
life of such structure be approved by the City Council of the
City of Denton before any such construction may commence, and
WHEREAS, the plans and specifications, the location and the
estimated cost and life of such construction have been reviewed
by the appropriate offices of the City staff and the Airport
Advisory Board and found to be in compliance with applicable
City Ordinances and policies; NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT
SECTION I.
The plans and specifications for the proposed construction
of an airport hangar and related office, storage and ramp
facilities by Fox-51 Limited, attached hereto and incorporated
herein by reference, at the location shown thereon, are hereby
approved.
S~CTION II.
The estimated cost of such construction of $60,330.30 and
the estimated life of the proposed structure of thirty (30)
years is hereby approved.
SECTION III.
This Resolution shall be effective immediately upon its
passage approval.
PASSED AND APPROVED this the y of 1985.
CITY OF DENTON, TEXAS
ATTEST:
~HARLOTT~ ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM.
JOE D. MORRIS, ACTING CITY ATTORNEY
CITY OF DENTON, TEXAS
RESOLUTION
WHEREAS, the City of Denton leases land upon the Denton
Municipal Airport to Fox-51 Limited by lease agreement dated July
1, 1980, and
WHEREAS, Fox-51 Limited, acting by and through its President
Mr. F. D. Strickler, on January 15, 1985, exercised its option to
lease additional property on the Airport at three and one-half
cents per square foot per year for the purpose of building an
aircraft hangar and related aircraft ramp, and
WHEREAS, during subsequent planning and development of that
hangar it was found that an additional 5,500 square feet of
property is required to accommodate the needs of Fox-51 Limited,
and
WHEREAS, the City Council of the City of Denton, Texas,
believes it to be in the interest of efficient Airport Operations
to lease additional property to Fox-51 Limited, NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT.
SECTION I.
The attached amendment to the airport lease agreement of July
1, 1980, between the City of Denton and Fox-51 Limited ms hereby
approved.
SECTION II.
The Mayor is hereby authorized to execute the attached
amendment on behalf of the City and the City Secretary is hereby
directed to affix this Resolution, with the executed amendment
attached, to the original airport lease agreement dated July 1,
1980, inscribing on the original agreement the fact it has been
amended, and the effective date of such amendment.
SECTION III.
The Resolution passed and approved on January 15, 1985 which
amended the airport lease with Fox-51, Limited is hereby rescinded.
SECTION IV.
This Resolution shall be effective immediately upon its passage
and approval.
PASSED AND APPROVED this 1985.
CITY OF DENTON, TEXAS
ATTEST.
CHARLOTTE ALLEN, CITY SECRETARX
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
JOE D. MORRIS, ACTING CITY ATTORNEY
CITY OF DENTON, TEXAS
0987L
AMENDMENT TO AIRPORT LEASE AGREEMENT
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DENTON §
The City of Denton, Texas, hereinafter referred to as Lessor,
and Fox-51 Limited, hereinafter referred to as Lessee, do hereby
mutually agree as follows.
1. Subparagraph A of Paragraph I of the airport agreement
dated July 1, 1980, between Lessor and Lessee is hereby
amended to read as follows:
A. Land:
A 100 x 200 foot tract of land, being approximately 20,000
square feet, and a 165 x 220 foot tract of land, being
approximately 36,300 square feet, having a combined area of
approximately 56,300 square feet or 1.29 acres, described
as follows.
COMMENCING at the northwest corner of a tract of land as
conveyed to P. F. Breen by deed recorded in Volume 127,
Page 185 of the Deed Records of Denton County, Texas said
point lying in the South right of way line of FM Road 1515,
THENCE west along the south right of way line of FM Road
1515 a distance of 350 feet to a point,
THENCE north along the west right of way line of FM Road
1515 a distance of 1,000 feet to a point,
THENCE west perpendicular to said right of way line of FM
1515 a distance of 870 feet, more or less, to a point on
the east edge of the pavement of the north taxiway,
THENCE north 13°50'41'' west along the east edge of pavement
of said north taxiway a distance of 10 feet to a point for
a corner,
THENCE north 76°09'19" east perpendicular to said east edge
of pavement a distance of 175 feet to the point of beginn-
ing;
THENCE north 13°50'41" west 175 feet east of and parallel
to said east edge of pavement a distance of 220 feet to a
point for a corner;
THENCE north 76°09'19'' east perpendicular to said east edge
of pavement a distance of 5 feet to a point for a corner,
THENCE north 13°50'41'' west 180 feet east of and parallel
to sazd east edge of pavement a distance of 200 feet for a
point for a corner,
THENCE north 76°09'19'' east perpendicular to said east edge
of pavement a distance of 100 feet to a point for corner,
THENCE south 13°50'41'' east 280 feet east of and parallel
to said east edge of pavement a distance of 200 feet to a
point for a corner,
PAGE 1
THENCE north 76°09'19'' east perpendicular to said east
e~ge of pavement a distance of 60 feet to a point for a
corner,
THENCE south 13°50'41" east 340 feet east of and parallel
to said east edge of pavement a distance of 220 feet to a
pbint for a corner,
THENCE south 76°09~19" west perpendicular to said east
edge of pavement a distance of 165 feet to the place of
beginning and containing 56,300 square feet of land, more
or less, as shown on Exhibit "A", attached hereto and
ihcorporated herein by reference.
2. Subparagraph A of Paragraph III of the airport agreement
dated July 1, 1980, between Lessor and Lessee is hereby
amended to read as follows.
A. LAND RENTAL:
$il,970.50 per year, payable annually in advance on the
f.irst day of February each year during the term of this
agreement or, at the option of the Lessee, payable in
monthly installments as follows the first monthly
payment due on the first day of February, 1985, in the
sum of $164.20 and equal monthly installments thereafter
in the sum of $164.20 in advance, on or before the first
day of each and every month during the term of this
agreement. It is expressly understood and agreed that
the yearly rental for the land herein leased shall be
r,eadJusted at the end of each five (5) year period during
the term of this lease, (the first such readjustment
occurring July 1, 1985), up or down, on the basis of the
proportion that the then current United States Cost of
Diving Index for the Dallas/Fort Worth, Texas Standard
Metropolitan Statistical Area, as compiled by the U.S.
Department of Labor, Bureau of Labor Statistics, bears to
the June, 1980, index which was 256.4 (1967 = 100). The
1,and rental amount is now based upon .035 dollars (3.5
cents) per square foot per year for the land herein
leased and it is expressly understood and agreed that the
rental increase or decrease, if any, for each five (5)
Near rental adjustment under this lease shall not exceed
fifty (50%) percent of the annual rental of One Thousand
Nine Hundred Seventy Dollars and Fifty Cents ($1,970.50).
3. Subparagraph (7) of Paragraph XV of the airport agreement
dated July 1, 1980, between Lessor and Lessee relating to
~he right to lease additional property is hereby deleted
because the Lessee has exercised this right through this
Lease amendment.
4. Paragraph XV, SPECIAL CONDITIONS, is hereby amended by
adding a new subparagraph (10) to read as follows:
~10) Lessee shall be provided access to the property
leased hereunder either through access "A" or access
"B", at Lessorts discretion, as shown on Exhibit
attached hereto and incorporated herein by
reference. Lessor reserves the right to change
Lessee's means of ingress and egress from one
designated access to another at Lessor's option.
PAGE 2
EXECUTED this ~%ay of ~, 1985.
CITY OF DENTON, TEXAS, LESSOR
BY ~YOR
ATTEST
CHAKLOTTE ALLEN, CITY SECRETAKY
CITY OF ,DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
JOE D. MORRIS, ACTING CITY ATTORNEY
CITY OF DENTON, TEXAS
FOX-SI LIMITED, LESSEE
THE STATE OF TEXAS §
COUNTY OF DENTON §
Before me, the undersigned authority, in and for said County,
Texas, on this date personally appeared F. D. Strickler, known to
me to be the person and officer whose name is subscribed to the
fozegoing instrument, and acknowledged to me that the same was the
act of the said Fox-51 Limited, a corporation of the State of
Texas, and that he executed the same as the act of said corporation
for the purposes and consideration therein expressed, and in the
capacity therein stated.
Given under my hand and seal of office this ~*-~/~day of
%~>~~ , 1985.
NOTARY~J/BLIC ·
DENTON~OUNTY, TEXAS
My Commission expires: ~-g-~
PAGE 3
RESOLUTION
WHEREAS, it is necessary for the Council of the City of Denton
to authorize the submission of an application to the Texas Criminal
Justice Division requesting funding for a Juvenile Police Officer
to augment the City's Juvenile Law Enforcement Program, and
WHEREAS, Article 4413 (32a), V.T.C.S. was amended to enable
the Criminal Justice Division of the State of Texas to allocate
grants and administer criminal justice programs on a statewide
level, and
WHEREAS, the City of Denton is eligible to receive such funds
and desires to promote the public safety and well-being of its
citizens through increasing the effectiveness of the Denton Police
Department in its law enforcement relating to juveniles, NOW
THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS
SECTION I.
That the City Council of the City of Denton, Texas, certifies
that the City is eligible to receive a funding allocation from the
Texas Criminal Justice Division for a Juvenile Police Officer to
augment the City's Juvenile Law Enforcement Program and hereby
authorizes the staff to submit an application for such funds.
SECTION II.
That the City Council hereby authorizes and directs the City
Manager, or his designee, to represent and act on behalf of the
City of Denton in working with the Criminal Justice Division in
regard to such grant application.
SECTION III.
That a copy of this Resolution shall be forwarded to the Texas
Criminal Justice Division and the North Texas Central Council of
Governments.
PASSED AND APPROVED this the /~7~ay~, 1985.
RICHARD O. STEWART, MAYOK
CITY OF DENTON, TEXAS
ATTEST:
CHARLOTTE ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
JOE D. MORRIS, ACTING CITY ATTORNEY
CITY OF DENTON, TEXAS
RESOLUTION
WHEREAS, it is necessary for the Council of the City of Denton
to authorize the submission of an application to the Texas Criminal
Justice Division requesting funding for the City's Crime Prevention
Program, and
WHEREAS, Article 4413 (32a), V.T.C.S. was amended to enable
the Criminal Justice Division of the State of Texas to allocate
grants and administer criminal Justice programs on a statewtde
level, and
WHEREAS, the City of Denton is eligible to receive such funds
and desires to protect the safety and well-being of its citizens
through the reduction of crime, NOW THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS
SECTION I.
That the City Council of the City of Denton, Texas, certifies
that the City is eligible to receive a funding allocation from the
Texas Criminal Justice Division for the City's Crime Prevention
Program and hereby authorizes the staff to submit an application
for such funds.
SECTION II.
That the City Council hereby authorizes and directs the City
Manager~ or his designee, to represent and act on behalf of the
City of Denton in working with the Criminal Justice Division in
regard to such grant application.
SECTION III.
That a copy of this Resolution shall be forwarded to the Texas
Criminal Justice Division and the North Texas Central Council of
Governments.
PAssED APPROVE this the
y of ~.~ 1985.
CITY OF DENTON, TEXAS
ATTEST.
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM.
JOE D. MORRIS, ACTING CITY ATTORNEY
CITY OF DENTON, TEXAS
RESOLUTION
WHEREAS, the City of Denton owns property available for lease
at the Denton Municipal Airport, and
~ WHEREAS, ~B_~nJamin A. Bennitt, doing business as ~
~desires to lease property at the Dedtbn-~unicipal
-~-use the same for a fixed base operation, af~d
WHEREAS, fixed base operation services are essential to the
proper acco~odation of general and commercial avmation at the
Airport; and
WHER~, the Airport Advisory Board has reviewed and
reco~ended approval of the attached proposed lease agreement,
NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TE~S, T~T:
The Airport Lease Agre~ent (Fixed Base Operator) between the
City of Denton and BenJ~in A. Bennitt, attached hereto and
incorporated herein by reference, is hereby approved.
SECTION II.
The Mayor is hereby authorized to execute the attached lease
agreement on behalf of the City.
SECTION III.
Thi~ Re~olution shall be effective i~ediately upon its
passage and approval.
PASSED ~D APPROVED thi, the ~~y of ~5.
STEW , MaYO
'CI'~ OF D~NTON, TE~S
ATTEST:
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
JOE D. MORRIS, ACTING CITY ATTORNEY
CITY OF DENTON, TEXAS
FEBRUARY 26, 1.~5 SECOND DRAFT
AIRPORT LEASE AGREEMENT
FIXED BASE OPERATOR
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DENTON §
This lease and operating agreement, is made and executed this
_ _ y of , 19 ~,_ at Denton, Texas, by and
between the City , Municipal Corporation, hereinafter
referred to as "Lessor", and Mr. Benjamin A. Bennltt, doing
business as~, having its principal
offices~at~, hereinafter referred
to as "Lessee".
WITNESSETH
WHEREAS, Lessor now owns, controls and operates the Municipal
Azrport (Airport) in the City of Denton, County of Denton, State
of Texas, and
WHEREAS, fixed base operation services are essential to the
proper accommodation of general and commercial aviation at the
Airport, and
WHEREAS, Lessor desires to make such services available at the
Airport; and Lessee is qualified, ready, willing and able to
provide such services.
NOWI, THEREFORE, in consideration of the premises and the
mutual =ovenants contained in this Agreement, the parties agree as
followsl:
I. CONDITIONS OF AGREEMENT
NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY HEREINAFTER CONTAINED,
THE LANGUAGE IN PARAGRAPHS A THROUGH F OF THIS SECTION SHALL BE
BINDING.
A. Principles of Operation
,1. Lessee agrees to operate the premises leased for the use
and benefit of the public.
2. To furnish good, prompt, and efficient services adequate
to meet all the demands for its service at the airport.
13. To furnish said service on a fair, equal and
non-discriminatory basis to all users thereof, and
LEASE AGREEMENT/B. A. BENNITT/PAGE
D. Non-Exclusive Right
~t is understood and agreed that nothing herein contained
shall be construed to grant or authorize the granting of an
exclusi~e right within the meaning of Section 1349 of Title 43,
U.S.C.A.
E. ~ffirmative Action Pro~ram
1. The Lessee assures that it will undertake an affirmative
action .program, as required by 14 CFR Part 152, Subpart E, to
ensure ~hat no person shall, on the grounds of race, creed, color,
national origin, age, or sex, be excluded from participating in
any employment, contracting, or leasing activities covered in 14
CFR Park 152, Subpart E. The Lessee assures that no person shall
be excluded, on these grounds, from partzcipating in or receiving
the services or benefits of any program or activity covered by
this subpart. The Lessee assures that it will require that its
covered organizations provide assurance to the Lessee that they
similarly will undertake affirmative action programs and that they
will require assurances from their suborgantzation, as required by
14 CFR Part 152, Subpart E, to the same effect.
2. The Lessee agrees to comply w~th any affirmative action
plan orl steps for equal employment opportunzty required by 14 CFR
Part 152, Subpart E~ as part of the affmrmative action program or
by any:Federal, state or local agency or court including those
resulting from a conciliation agreement, a consent decree, court
order, ~ similar mechanism. The Lessee agrees that the state or
local affirmative action plan will be used in lieu of any
affirmative action plan or steps required by 14 CFR Part 152,
Subpart E, only when they fully meet the standards set forth in 14
CFR 1521.409. The Lessee agrees to obtain a similar assurance from
mrs covered organizations~ and to cause them to require a similar
assurance of their covered suborganizations, as required by 14 CFR
part 152, Subpart E.
LEASE AGREEMENT/B A. BENNITT/PAGE 3
IV. PAYMENTS~ RENTALS AND FEES
~essee convenants and agrees to pay to Lessor, as consider-
ation f~r this lease, payments, rentals and fees as follows
A. nD RENTAL
~he sum of five thousand two hundred fifty 00/100 dollars
($5,250.100) per year, payable in twelve (12) equal monthly
install~ents 'in the sum of four hundred thirty-seven 50/100
dollars 1($437.50) in advance, on or before the first day of each
and every month during the term of this lease for Property I
outline~ on Attachment A, the sum of six thousand one hundred
twenty-~ive 00/100 dollars ($6,125.00) per year, payable in twelve
(12) eq6al monthly installments in the sum of five hundred ten
42/100 ~ollars ($510.42) in advance, on or before the first day of
each and every month during the term of this lease for Property II
outlined! on Attachment A, the sum of one thousand fifty 00/100
dollars 1($1,050.00) per year, payable in twelve (12) equal monthly
tnstallmlents in the sum of eighty- seven 50/100 dollars ($87.50)
in advance on or before the first day of each and every month for
a period of thirty-six (36) months, or until any portion of
Propertyl III is developed, which ever comes first for Property III
outlinedI on Attachment A. After the expiration of the thirty-sixth
(36th) ~onth of this lease or upon the development of any portion
of Property III, whichever occurs earlier, the land rental for
Property! III shall be the sum of six thousand one hundred twenty-
five 00]100 dollars ($6,125.00) per year, payable in advance in
twelve (112) equal monthly i~stallments in the sum of five hundred
ten 42/~00 dollars ($510.42) in advance, on or before the first
day of e~ch and every month for the remainder of this lease.
B. L SSOR IMPROVEMENT RENTALS:
N~t Applicable.
C. ~IGAR AND TIE-DOWN FEES.
L~ssee shall pay Lessor ten percent (10%) of all hangar and
tie-downl rental fees collected by the Lessee from customers renting
LEASE AGREEMENT/B. A. BENNITT/PAGE 7
(1) percent per month from the date such amount originally
became payable to Lessor. Any overpayment by Lessee shall be
credited against further payments due to Lessor. Either party may
refer the results of the audit for resoluton in accordance with
Paragraph H (Disputes) below.
H. DISPUTES:
If any dispute arises as to fuel deliveries or hangar or
parking fees collected, one-half (1/2) of the amount claimed due
to Lessor shall be paid forthwith and the dispute shall be
submitted to three (3) certified public accountants, one to be
selected by Lessor, one to be selected by Lessee and the third to
be chosen by the first two accountants selected who shall, by
ma0ority vote, determine the rights of the parties hereunder in
conformity with generally accepted accounting principles. The
fees due said accountant for such service shall be paid by the
unsuccessful party, or in the event the determination is partially
in favor of each party, the fee shall be borne equally by the
parties.
V. RIGHTS AND OBLIGATIONS OF LESSEE
A. REQUIRED SERVICES
Lessee is required and is hereby granted the non- exclusive
privilege to engage in the business of and provide the services of
a full and complete fixed base operation at the Airport, subject
to the following requirements and obligations.
1. Fuel. To have available those grades and octanes of
aviation gasoline, Jet fuel and other petroleum products normally
found at similar airports, and to provide ramp services including
the sale and into-plane delivery of those aviation fuels,
lubricants and other related aviation products, and to provide
aircraft guidance and assistance wzthin the areas of the leased
premises, at least during daylight hours, sunrise to sunset, three
hundred sixty-five (365) days per year. All fuels shall be a
LEASE AGREEMENT/B. A. BENNITT/PAGE 10
nationally known brand approved by the Lessor and shall be made
available either by tank truck, stationary pump or other suitable
equipment approved by the Fire Marshal of the City of Denton and
the Airport Manager; and all storage tanks for gasoline and other
aviation fuels shall be placed underground in accordance with the
provisions of the Fire Code of the City of Denton. All fueling
operations and all fuel facilities owned or operated by the Lessee
shall be in compliance with the Minimum Fueling Standards
Ordinance of the City of Denton. All prices for fuels and other
petroleum products shall be posted in full public view at all
times.
2. Ramp Services. To provide ramp servicing of, and
assistance to, aircraft~ including parking, storage and tie-down
service, for both based and itinerant aircraft upon or within
facilities leased to Lessee or other areas designated by the
Lessor at least during daylight hours, sunrise to sunset, three
hundred and sixty-five (365) days a year.
3. Maintenance. To provide for the repair and maintenance
of based and itinerant aircraft at a minimum of during normal
business hours and days. Lessee agrees to maintain and operate a
repair station approved by the Federal Aviation Administration
(FAA), with the ratings as follows.
1. Limited Airframe
2. Limited Engine
4. Pilot Lounge. To provide customary accomodations for
the convenience of users, including pilot lounge area,
informational services, telephone service connections to the
Flight Service Station at least during daylight hours, sunrise to
sunset, three hundred and sixty-five (365) days a year.
5. Parts. To provide for the sales of aircraft and engine
parts and instruments and accessories at least during normal
business hours and days.
6. Dealership. To provide and maintain on the airport a
new aircraft dealership or distributorship, together with the
LEASE AGREEMENT/B. A. BENNITT/PAGE 11
facilities, personnel, parts, services, and, at least, minimum
inventory of FAA licensed aircraft required for such a dealership
or distributorship.
B. AUTHORIZED SERVICES
In addition to the services required to be provided by
Lessee pursuant to Section V Paragraph A, 1 through 7 (Required
Services) above, Lessee is hereby granted the non-exclusive
privilege, but is not required, to provide the following services
and to engage in the following activities.
1. Ramp services, including loading and unloading of
passengers, baggage, mail and freight, and providing of
ramp equipment, aircraft cleaning and other services for
persons, firms or air carriers.
2. Special flight services, including but not limited to
aerial sight-seeing, aerial advertising, aerial photo-
graphy and aerial ambulance operations.
3. Sale of used aircraft.
4. Rental of aircraft.
5. Aircraft charter operations.
It is expressly understood and agreed that those services
which are authorized, but not required, shall be subordinate to
those required services listed in Section A of this Article.
C. Operating Standards. In providing any of the required
and/or authorized services or activities specified in this
Agreement, Lessee shall operate for the use and benefit of the
public and shall meet or exceed the following standards
1. ~. Lessee shall select, appoint, and designate to
Lessor in writing, a full-time Manager of business at
the Airport. The manager shall be vested with full
power and authority to act in the name of Lessee with
respect to the method, manner and conduct of the
operation of the fixed base services to be provided
under this agreement. The manager shall be available
during regular business hours and during the manager's
absence a duly authorized subordinate shall be in charge
and available during daylight hours 365 days a year.
2. Employees. Lessee shall provide, at its sole expense, a
sufficient number of employees to provide effectively
and efficiently the services required or authorized in
this A~reement.
3. Employee Qualifications. Lessee shall control the
conduct, demeanor and appearance of its employees, who
LEASE AGREEMENT/B. A. BENNITT/PAGE 12
shall possess such technical qualifications and hold
such certificates of qualification as may be required in
carrying out assigned duties. Lessee shall be
responsible to supervise its employees to assure a high
standard of service to customers of Lessee.
4. List of Aircraft. Lessee shall file and keep current
with the Airport Manager a list of its Tenants and Sub-
lessees and a list of the aircraft owned and/or leased
by the Lessee.
5. Utilities Taxes and Fees. Lessee shall meet all
expenses ~nd payments in connection with the use of the
Premises and the rights and privileges herein granted,
including the timely payment of utilities, taxes, permit
fees, license fees and assessments lawfully levied or
assessed.
6. Laws. Lessee shall comply with all current and future
t~-~ral, state and local laws, rules and regulations
which may apply to the conduct of business contemplated,
including rules, regulations and ordinances promulgated
by Lessor, and Lessee shall keep in effect and post in a
prominent place all necessary and/or required licenses
or permits.
7. Maintenance of Property. Lessee shall be responsible
for the maintenance, repair and upkeep of all property,
buildings, structures and improvements, including the
mowing or elimination of grass and other vegetation on
the Premises, and shall keep said Premises neat, clean
and in respectable condition, free from any
objectionable matter or thing.
8. Unauthorized use of Premises. Lessee may not use any of
the lease land as premises ~or the operation of a motel,
hotel, restaurant with on-premises food preparation,
private club or bar, apartment house, or for industrial,
commercial or retail purposes, except as authorized
herein.
9. Dwellin~s. It is expressly understood and agreed that
no permanent dwelling or domicile may be built, moved to
or established on or within the leased premises nor may
the Lessee, his tenants, invitees, or guests be permitted
to reside or remain as a resident on or within the leased
premises or other Airport premises.
10. Quit Possession. Lessee shall quit possession of all
premises leased herein at the end of the primary term of
this lease or any renewal or extension thereof, and
deliver up the premises to Lessor in as good condition
as existed when possession was taken by Lessee,
reasonable wear and tear excepted.
11. Hold Harmless. Lessee shall indemnify and hold harmless
the Lessor from and against all loss and damages,
including death, personal injury, loss of property or
other damages, arising or resulting from the operation
of Lessee's business in and upon the leased premises.
12. Chemicals. Lessee agrees to properly store, collect and
dispose of all chemicals and chemical residues, to
properly store, confine, collect and dispose of all
LEASE AGREEMENT/B. A. BENNITT/PAGE 13
paint, including paint spray in the atmosphere, and
paint products, and to comply with all Local, State and
Federal regulations governing the storage, handling or
disposal of such chemicals and paints.
D. VENDORS AND SUPPLIERS'
In providing required and/or authorized servzces pursuant
to this agreement, Lessee shall have the right to choose, in its
sole discretion, its vendors and suppliers, except as provided in
Section V Paragraph A Subparagraph 1 (Fuel) herein.
E. SIGNS
During the term of this Agreement, Lessee shall have the
right, at its own expense, to place in or on the lease Premises
signs identifying lessee. Said signs shall be of a size, shape
and design, and at a location or locations, approved by the Lessor
and in conformance with any overall directional graphics or sign
program established by Lessor on the Airport. Lessor's approval
shall not be withheld unreasonably. Said signs shall be maintained
in good repair throughout the term of this Agreement Notwith-
standing any other provision of this agreement, said signs shall
remain the property of Lessee. Lessee shall remove, at its
expense, all lettering, signs and placards so erected on the
premises at the expiration of the term of this Agreement.
VI. COVENANTS BY LESSOR
Lessor hereby agrees as follows
A. Peaceful Enjoyment. That on payment of rent, fees, and
performance of the covenants and agreements on the part of Lessee
to be performed hereunder, Lessee shall peaceably hold and enjoy
the leased premises and all rights and privileges herein granted,
B. Compliance. Lessor warrants and represents that in the
establishment, construction and operation of said Denton Municipal
Airport, that Lessor has heretofore and at this time is complying
with all existing rules, regulations, and criteria distributed by
the Federal Aviation Administration, Civil Aeronautics Board, or
any other governmental authority relating to and including, but
LEASE AGREEMENT/B. A. BENNITT/PAGE 14
not limited to, noise abatement, air rights and easements over
adjoining and contiguous areas, over-flight in landing or takeoff,
to the end that Lessee will not be legally liable for any action
of trespass or similar cause of action by virtue of any aerial
operations over adjoining property in the course of normal take-
off and landing procedures from said Denton Municipal Airport,
Lessor further warrants and represents that at all times during
the ter~ hereof, or any renewal or extension of same, that it will
continue to comply with the foregoing.
VII. SPECIAL CONDITIONS
It is expressly understood and agreed by and between Lessor
and Lessee that this lease agreement is subject to the following
special terms and conditions:
A. Runways and Taxtways. That because of the present sixty
thousand (60,000) pound continuous use weight bearing capacity of
the runway and taxiways of the Airport, Lessee herein agrees to
limit a'll aeronautical activity including landing, take-off and
taxiing, of all aircraft having an actual weight, including the
weight of its fuel, of more than sixty thousand (60,000) pounds,
to no more than two (2) operations per year, until such time that
the runway and designated taxiways on the Airport have been
improved to handle aircraft of such excessive weights. At no
time, until such time that improvements are made to the runway and
taxiways on the airport, shall an aircraft having an actual
weight, including the weight of its fuel, of more than one hundred
seventeen thousand (117,000) pounds be permitted to land, taxi or
take-off from the airport. It is further agreed that, based on
qualified engineering studies, the weight restrictions and
provisions of this clause may be adjusted, up or down, and that
the Lessee agrees to abide by any such changes or revisions as
such studies may dictate. "Aeronautical Activity" referred to in
this clause shall include that activity of the Lessee or its
LEASE AGREEMENT/B. A. BENNITT/PAGE 15
agents or subcontractors, and its customers and invitees, but
shall not include those activities over which it has no soltcitory
part or control, such as an unsolicited or unscheduled or
emergency landing. Failure of the Lessee to comply with the
provisions of this section shall be sufficient to cause the
immediate termination of this entire Agreement and subject the
Lessee to be liable for any damages to the Airport that might
result.
VIII. LEASEHOLD IMPROVEMENTS
A. R~qUIRED IMPROVEMENTS:
As part of the consideration for the privilege herein
granted, Lessee is required to and hereby agrees to construct or
otherwise make improvements to the premises, as specified herein,
but not limited to, the following:
1. The construction of an aircraft hangar of at least 10,000
sguare feet in size with related office and pilot lounge
space.
2. Related aircraft ramps and taxiways designed and
constructed to Airport standards and specifications.
Within ninety (90) days from the commencement of this lease,
Lessee shall provide Lessor with tentative plans for the develop-
ment of the entire premises herein leased together with a tentative
time table or schedule for said development. Should said develop-
ment not occur within the specific time limits mutually agreed upon
by and between Lessor and Lessee, Lessor shall have the right to
cancel the lease on all non-developed portions of said lease after
a thirty (30) day written notice to Lessee to cure such a default.
1. Plans. Lessee agrees that it shall within one hundred
e-~y (180) calendar days from the date of this Agree-
ment, submit to the Lessor, for approval, detailed plans
and specifications for the above listed initial proposed
leasehold improvements. Lessor agrees that it shall
either approve the plans and specifications as
submitted, or transmit proposed revisions to Lessee,
within forty-five (45) calendar days of receipt of the
plans and specifications from Lessee. In the event that
Lessor requires revisions of the original plans and
specifications, Lessee shall have forty five (45) calen-
dar days from the date of receipt of the proposed
revisions to resubmit the plans and specifications for
LEASE AGREEMENT/B. A. BENNITT/PAGE 16
Lessor's approval. Such approval shall not be withheld
unreasonably. Construction shall commence within one
hundred eighty (180) calendar days of Lessee's receipt
of Lessor's final approval of the plans and specifica-
tions, and shall be scheduled for completion not later
than three hundred sixty-five (365) days after
commencement of construction.
B. ADDITIONAL REQUIREMENTS:
Before commencing the construction of any improvements upon
the premises, Lessee shall submit:
1. Documentation, specifications, or design work, to be
approved by the Lessor, which shall establish that the
improvements to be built or constructed upon the lease
premises are in conformance with the overall size,
shape, color, quality and design, in appearance and
structure, of the program established by the Lessor on
the Airport.
2. All plans and specifications showing the location upon
the premises of the proposed construction,
3. The estimated cost of such construction. No construction
may commence until Lessor, acting by its City Council,
has approved the plans and specifications and the
location of the improvements, the estimated costs of
such construction, and the agreed estimated life of the
building or structure. Approval by the City Council
shall not be unreasonably withheld, should the City
Council fail to deny the Lessee's plans and specifi-
cations within sixty (60) days of submission, such plans
and specifications shall be deemed approved. Documentary
evidence of the actual cost of construction of public
improvements shall be delivered by Lessee to Lessor's
City Manager from time to time as such costs are paid by
Lessee, and Lessor's City Manager is hereby authorized
to endorse upon a copy of this lease filed with the City
Secretary of Lessor such actual amounts as he shall have
found to have been paid by Lessee, and the findings of
said City Manager when endorsed by him upon said
contract shall be conclusive upon all parties for all
purposes of this agreement.
C. ADDITIONAL CONSTRUCTION OR IMPROVEMENTS
Lessee is hereby authorized to construct upon the land
herein leased, at its own cost and expense, buildings, hangars,
and structures, that Lessor and Lessee mutually agree are
necessa=y for use in connection with the operations authorized by
this lease, provided however, before commencing the construction
of any improvements upon the premises, Lessee shall submit
specifications as specified in Article VIII (B) above.
D. OWNERSHIP OF IMPROVEMENTS:
All buildings and improvements constructed upon the premises
by Lessee shall remain the property of Lessee unless said property
LEASE AGREEMENT/B. A. BENNITT/PAGE 17
becomes the property of Lessor under the following conditions,
terms and provisions.
1. Removal of Butldin~s. No building or permanent fixture
may be removed from the premises.
2. Assumption. All buildings and improvements of whatever
nature remaining upon the leased premises at the end of
the primary term of this lease or, if renewed, at the
end of any renewal hereof, shall automatically become
the property of Lessor absolutely in fee without any
cost to Lessor.
3. Buildin~ Life. It is agreed that the life of the
building to be constructed by Lessee on the property
herein leased is twenty (20) years.
4. Cancellation. Should this lease be cancelled for any
reason before the end of the twenty (20) year term, it
is especially understood and agreed that Lessor reserves
the right to purchase all buildings~ structures and im-
provements then existing upon the premises by tendering
to Lessee one twentieth (1/20th) of the undepreciated
value of such building for each year remaining on the
agreed life of such building. The undepreciated value
of all improvements is to be determined by having such
improvements appraised by three appraisers, one
appointed by Lessor, one appointed by Lessee and one
appointed by the two appraisers.
IX. SUBROGATION OF MORTGAGEE
Any persons corporation or institution that lends money to
Lessee for construction of any hangar, structure, building or
improvement and retains a security interest in said hangar,
structure, building or improvement shall, upon default of Lessee'
obligations to said mortgagee~ have the right to enter upon said
leased premises and operate or manage said hangars structure,
building or improvement according to the terms of this Agreement,
for a period not to exceed the term of the mortgage with Lessee,
or until the loan is paid in full, but in no event longer than the
primary term of this lease~ or any extensions hereof, whichever
occurs earlier. It is expressly understood and agreed that the
right of the mortgagee referred to herein is limited and
restricted to those improvements constructed with funds borrowed
from the mortgagee.
LEASE AGREEMENT/B. A. BENNITT/PAGE 18
X. RIGHT OF EASEMENT
Lessor shall have the right to establish easements, at no
cost to Lessor, upon the leased ground space for the purpose of
providing utility services to, from or across the airport property
or for the construction of public facilities on the Airport.
However, any such easements shall not interfere with Lessee's use
of the leased premises and Lessor shall restore the property to
its original condition upon the installation of any utility
services on, in, over or under any such easement or the conclusion
of such construction.
XI. ASSIGNMENT OF LEASE
Lessee expressly covenants that it will not assign this lease,
convey m.ore than ten percent (10%) of the interest in its business,
through Ithe sale of stock or otherwise, nor sublet, assign, trans-
fer, nor license the whole or any part of the said premises for
any purpose, except for rental of hangar space or tie-down space,
wzthout the written consent of Lessor. Lessor agrees that it will
not unreasonably withhold its approval of the sale or sublease of
the facilities for activities directly related to Lessee's
activities or operation~ provided, however~ that no such
assignment, sublease, transfer, license~ sale or otherwise shall
be approved if the rental, fees or payments received or charged
are zn excess of the rental or fees paid by Lessee to Lessor under
the terms of this lease, for such portion of the premises proposed
to be assigned, subleased~ transferred, licensed or otherwise.
The provisions of this lease shall remain binding upon the
assignees~ if any, of Lessee.
XII. INSURANCE
A. R~quired Insurance. Lessee shall maintain continuously in
effect at all times during the term of this agreement, at Lessee's
expense~ the following insurance coverages.
1. Comprehensive General Liability covering the leased
premises~ the Lessee or its company, its personnel and
its operations on the airport.
LEASE AGREEMENT/B. A. BENNITT/PAGE 19
observe any of the terms, covenants, or conditions herein
contained, or on its part to be performed, the Lessor shall give
Lessee written notice to correct such condition or cure such
default and, if any condition or default shall continue for thirty
(30) days after the receipt of such notice by Lessee, then Lessor
may, terminate this lease by a written notice to Lessee. In the
event of default, Lessor has the right to purchase any or all
structures on the leased premises under the provisions of Section
VIII Paragraph C (Cancellation) hereof.
XV. CANCELLATION BY LESSEE
Lessee 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, upon or after the happening of
any one of the following events. (1) issuance by any court of
competent jurisdiction of a permanent injunction in any way
preventing or restraining the use of said airport or any sub-
stantial part thereof for airport purposes, (2) the breach by
Lessor of any of the covenants or agreements contained herein and
the failure of Lessor to remedy such breach for a period of ninety
(90) days after receipt of a written notice of the existence of
such breach, (3) the inability of lessee 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 appropriate
governmental authority having 0urisdiction over the operations of
Lessor or due to war, earthquake or other casualty, or (4) the
assumption or recapture by the United States Government or any
authorized agency thereof the maintenance and operation of said
airport and facilities or any substantial part or parts thereof.
XVI. MISCELLANEOUS PROVISIONS
A. Entire A~reement. This Agreement constitutes the entire
understanding between the parties and as of its effective date
LEASE AGREEMENT/B. A. BENNITT/PAGE 21
supersedes all prior or independent Agreements between the parties
covering the subject matter hereof. Any change or modification
hereof shall be in writing signed by both parties.
B. Bindin~ Effect. All the covenants, stipulations and
agreements herein and applicable Federal and State laws,
regulations and City ordinances shall extend to, bind and inure to
the benefit of the legal representatives, successors and assigns
of the respective parties hereto.
C. Severabilzty. If a provision hereof shall be finally
declared void or illegal by any court or administrative agency
having Jurisdiction, the entire Agreement shall not be void, but
the remaining provisions shall continue in effect as nearly as
possible in accordance with the original intent of the parties.
D. Notice. Any notice given by one party to the other in
connection with this Agreement shall be in writing and shall be
sent by registered mail, return receipt requested, with postage
and registration fees prepaid.
1. If to Lessor, addressed to'
City Manager
City of Denton
Denton, Texas 76201
2. If to Lessee, addressed to
Airplanes, Incorporated
P. O. Box 2417
Harker Heights, Texas 76543
Notices shall be deemed to have been received on the date
of receipt as shown on the return receipt.
E. Hgadin~s. The headings used in this Agreement are intended
for convenience of reference only and do not define or limit the
scope or meaning of any provision of this Agreement.
F. Ggvernin~ Law. This Agreement is to be construed in
accordance with the laws of the State of Texas.
LEASE AGREEMENT/B. A. BENNITT/PAGE 22
IN WITNESS WHEREOF, the parties have executed this Agreement
as of the day and year first above written.
CITY OF DENTON, TEXAS, LESSOR
BY: /
ATTEST:
CHARLOTTE' ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
JOE D. MORRIS, ACTING CITY ATTORNEY
BENJAMIN A. BENNITT, ~
THE STATE OF TEXAS §
COUNTY OF DENTON §
BEFORE ME, the undersigned authority, in and for said County,
Texas, on this day personally appeared Ben3amln A. Bennitt known
to me to be the person and officer whose name is subscribed to the
foregoing instrument and acknowledged to me that the same was the
act of the said ~.~L~~/ ~z~-~, a corporation o_f the
State of Texas, a~d ~4~at he executed the same as the act oI said
corporation for the purposes and consideration therein expressed,
and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the ~Z~ day of
NOT~UBLIC, ST~TM OF TEXAS
My Commission expires:
LEASE AGREEMENT/B. A. BENNITT/PAGE 23
05610
~
'EN~ V~ ~ AIRPORT
'~ 0 REFERENCE
~ .... POINT
CERTIFICATE FOR
RESOLUTION AUTHORIZING INCLUSION OF
THE CITY OF DENTON, TEXAS, WITHIN THE
"ELIGIBLE LOAN AREA" IN CONNECTION WITH
DENTON COUNTY HOUSING FINANCE CORPORATION
SINGLE FAMILY MORTGAGE REVENUE BONDS, SERIES 1985
We, the undersigned officials of the City of
Denton, Texas, hereby certify as follows
1 The Clt~ Council pf the City of Denton, Texas
convened in ~ ,~j~/~sesslon at ._~__~__~_ m
on ~;94~m~%~W_~/~, /~ // (the "Meeting"), at the desig-
nated-~eeting pl&ce, at Which a duly constituted q~/orum was
present and acting throughout. Whereupon a written.
RESOLUTION AUTHORIZING INCLUSION OF
THE CITY OF DENTON, TEXAS, WITHIN THE
"ELIGIBLE LOAN AREA" IN CONNECTION WITH
DENTON COUNTY HOUSING FINANCE CORPORATION
SINGLE FAMILY MORTGAGE REVENUE BONDS, SERIES 1985
(the "Resolution") was duly moved and seconded and, after
due discussion, said motion, carrying with it the adoption
of the Resolutlon, prevailed and carried by the following
votes:
2. A true, full, and correct copy of the Resolu-
tion is attached to and follows this Certificate, the
Resolution has been duly recorded in the minutes of the
Meeting; the above and foregoing paragraph is a true, full,
and correct excerpt from the minutes of the Meeting pertain-
lng to the adoption of the Resolution, and the Meeting was
open to the public, and public notice of the time, place,
and purDose of the Meeting was given, all as required by
Article 6252-17, Vernon's Texas Civil Statutes, as amended
SIGNED AND SEAL THIS ~
Clty of Denton, Texas
(SEAL)
RESOLUTION AUTHORIZING INCLUSION OF
THE CITY OF DENTON, TEXAS, WITHIN THE
"ELIGIBLE LOAN AREA" IN CONNECTION WITH
DENTON COUNTY HOUSING FINANCE CORPORATION
SINGLE FAMILY MORTGAGE REVENUE BONDS, SERIES 1985
WHEREAS, the Denton County Housing Finance
Corporation (the "Corporation") was created by a Resolution
adopted by the Commissioners Court of Denton County, Texas
(the "County") pursuant to Article 1269A-7, Vernon's Texas
Civil Statutes, as amended (the "Act"), and
WHEREAS, pursuant to the Act, the Corporation
intends to issue on or before April 12, 1985 its Single
Family Mortgage Revenue Bonds, Series 1985 (the "Bonds") in
order to provide funds to purchase mortgage loans from par-
tlclpating lenders that have been made to eligible borrowers
to finance owner occupied single family residential housing
within the County, and
WHEREAS, the Act requires that the governing body
of any city located within the County, the population of
which exceeds 20,000, must approve the use of the proceeds
of the Bonds to purchase home mortgages for homes located
w~thln such city, and
WHEREAS, it is found and determined that it ~s
within the best interest of the inhabitants of the City of
Denton, Texas (the "City") and will promote the public
welfare and the public purposes of the Act for the proceeds
of the Bonds to be used to purchase home mortgages for homes
located within the C~ty.
NOW, THEREFORE, be it resolved by the City Council
of the city of Denton, Texas, that
1. The use of the proceeds of the Bonds to
purchase home mortgages for homes located within the
corporate limits of the City ~s hereby authorized and
approved, and the inclusion of the City within the "Eligible
Loan, Area" as used and defined in the Sale, Servicing and
Administration Agreement, to be entered into by and between
the ~Corporation, the party named as Administrator-Servicer
therein, the party named as Trustee therein, and the
partxcxpatlng lenders named therein, is hereby approved.
2. The Mayor, ~e City Manager, the City
Secretary and any me.er of the City Council and any other
officers of the City are hereby authorized, jointly and
severally, to execute and deliver such endorsements,
lnstr~ents, certificates, documents or papers necessary or
vital to carry out the intent and purposes of this Resolu-
tion.
3. This resolution shall be effective from and
after its passage, and it is so resolved
PASSED ~
~PROVED this
Mayor
City of Denton, Texas
ATTEST:
City of Denton, Texas
-2-
CERTIFICATE OF CITY SECRETARY
THE STATE OF TEXAS §
COUNTY OF DENTON §
I, the undersigned, City Secretary of the City of Denton, Texas, DO
HEREBY CERTIFY as follows'
!
of the City of Denton, Texas, conveded in _~~ session at its
regular meeting place in the City Hall of said C~y, the duly constituted
members of the Council being as follows
RICHARD O. STEWART MAYOR
MARK R. CHEW MAYOR PRO TEM
JOE ALFORD COUNCILMEMBER
CHARLES HOPKINS COUNCILMEMBER
LINNIE McADAMS COUNCILMEMBER
JIM RIDDLESPERGER COUNCILMEMBER
RAY STEPHENS COUNCILMEMBER
and all of said persons were present at said meeting, except the
following -~z~~.~J~. Among other business considered
at said meeting, the attached resolution entitled
"A RESOLUTION by the City Council of the City of
Denton, Texas, relating to the approval of
the issuance of certain refunding bonds by
the North Texas Higher Education Authority,
Inc., approving the issuance of such bonds
and making certain findings in connection
therewith."
was introduced and submitted to the Council for passage and adoption.
After presentation and due consideration of the resolution, a motion was
made by ~~__ that the . . Beresolution finally passed and
adopted. The Lotion was seconded by ~ and carried by the
following vote'
~ voted "For" ~ voted "Against" O abstained
all as shown in the official Minutes of the Council for the meeting held
on the aforesaid date.
2. That the attached resolution is a true and correct copy of the
original on file in the official records of the City, the duly qualified
and acting members of the City Council of said City on the date of the
aforesaid meeting are those persons shown above and, according to the
records of my office, each member of the Council was given actual notice
of the time, place and purpose of the meeting and had actual notice that
the matter would be considered, and that said meeting, and deliberation
of the aforesaid public business, was open to the public and written
notice of said meeting, including the subject of the entitled resolution,
was posted and given in advance thereof in compliance with the provisions
of Article 6252-17, Section 3A, V.A.T.C.S.
IN WITNESS WHEREOF, I have hereunto signed my name offt~ially and
affixed the seal of said City, this the ~a. day of~, 1985.
City S
City of Denton, Texas
RESOLUTION
A RESOLUTION by the City Council of the City of
Denton, Texas, relating to the approval of
the issuance of certain refunding bonds by
the North Texas Higher Education Authority,
Inc., approving the issuance of such bonds
and making certain findings in connection
therewith.
WHEREAS, the North Texas Higher Education Authority, Inc. has heretofore
authorized the issuance of three series of bonds known as "North Texas Higher
Education Authority, Inc. Student Loan Bonds, Series 1982B, .... North Texas Higher
Education Authority, Inc. Student Loan Bonds, Series 1983A," and "North Texas
Higher Education Authority, Inc. Student Loan Bonds, Series 1983B," and
WHEI~AS, the directors of the Authority have advised this Council that it
would be in the best interest of the Authority if the aforesaid three series of
bonds were refunded in the manner provided by Article 717k, V.A.T.C.S., with the
understanding that the proceeds of the refunding bonds and money or securities
(including income therefrom) held under the respective indentures securing the
outstanding bonds will be utilized for the payment of expenses, debt service,
reserves for the same or for the purchase of student loan notes as contemplated by
the said law and Section 103 of the Internal Revenue Code of 1954, as amended,
now, therefore~
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
SECTION 1' That all of the recitals contained in the preamble hereof are
found to be true and are adopted as the findings of this City Council.
SECTION 2' That the issuance of the proposed refunding bonds in order to
provide for the payment of the outstanding bonds and the security for refunding
bonds, and the utilization of the money and securities held under the respective
indentures securing the outstanding bonds in the manner and for the purposes
permitted under Article 717k, V.A.T.C.S. and Section 103 of the Internal Revenue
Code of 1954, as amended (as set forth in the preamble hereof) is hereby approved
and authorized.
SECTION 3 At such time as the refunding bonds are approved by the Attorney
General of Texas, a copy of the Attorney General's approving opinion shall be
filed (by the Authority) with the City Secretary.
SECTION 4 In no event does the City assume any responsibility in
connection with (i) the administration of this student loan program, (ii) the
issuance and delivery of bonds in connection therewith, or (iii) the payment of
any of the bonds issued by the Authority, it being understood these
responsibilities are being assumed by the Authority.
SECTION 5 This resolution shall be effective from and after its adoption.
PASSED AND APPROVED, THIS THE /~_~day of ~ 1985.
ATTEST City of Denton, Texas
tt~ A~len~"~ity-Secrstary
City of Denton, Texas
(City Seal) APPROVED AS TO LEGAL FORM
By fi
ument
Ne t Do
CERTIFICATE OF SECRETARY
THE STATE OF TEXAS
COUNTY OF DENTON
I, the undersigned, City Secretary of the City of
Denton, Texas, DO HEREBY CERTIFY that according to the records
of the C~ty of Denton, Texas, of which I am custodian, that
1. The attached Resolution is a true and correct
copy of a resolutloD adopted_by, tb.e governing body of the. City
of Denton at a .~l~.j~~ meeting on the ,~ day
2 At such meeting
(a) a quorum of governing body was present on said
date of adoption, in that ~; members of
said governing body were in attendance at such
meeting when the question of the adoption of the
resolution was called for and placed to a vote,
and
(b) ~ members of said governing body voted for
the adoption of such Resolutzon and
members of said governing body voted against its
adoption and (~) members abstained from voting,
and
(c) the said Resolution was adopted only after a
motion was made that the same be adopted and the
secondzng of such motion
3 Prior to such meeting
(a) notzce of the time, place, subject and purpose of
the meeting has been duly given in the time, form
and manner required by the provzszons of Section
3A, Article 6252-17, V A T C S
(b) actual notice of the tzme, place, subject and
purpose of the meeting had been g~ven to each
member of the governing body of the City
4. The officers and members of the governing body of
the City of Denton, Texas, at the time of the passage of such
Resolution were'
~ I~YOR
)
)
) COUNCILMEMBERS
)
)
TO CERTIFY WHICH, w~tness my official sIgnature ag~ the
seal of.the City of Denton, Texas, th~s the~.~W~' day
of ~, 1985
C~ecretary, C~ty of
Denton, Texas
(City Seal)
RESOLUTION NO
A RESOLUTION by the City Council of the City of Denton,
Texas, relating to the issuance of Bonds by the
North Texas Higher Education Authority, Inc ,
approving the Issuance of one or more series of
Bonds, and making certain findings ~n connection
therewith
WHEREAS, th~s governing body requested certain in-
dividuals to proceed to re-organize and re-establish a non-
profit corporation pursuant to the Texas Non-Profit Cor-
poration Act, for the purpose of furthering educational
opportunities of students by providing funds for the
acquisition of student loans, that such has been accomplished,
the ~orporatlon being known as the "North Texas Higher
Education Authority, Inc" (the "Authority"), and
WHEREAS, the Authority has proceeded in the development
of a plan of doing business and has issued bonds for the
aforesaid purposes, but additional funds are need to continue
the program and ~t is now appropriate for this governing body
to approve the issuance of additional bonds for such purpose,
now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DENTON, TEXAS.
SECTION I This governing body has been advised
by the Authority that such Corporation, upon approval thereof
by the governing bodies of the Cities of Denton and Arlington,
Texas, proposes to issue revenue bonds in order to provide
funds for the acquisition of student loans, that such bonds
would be initially issued as one or more ser~es of Bonds
(collectively, the "Bonds") in the aggregate principal amount
of up to $50,000,000, and that such Bonds would be payable from
and secured by a pledge of revenues derived from or by reason
of the ownership of student loan notes and investment income
after deduction of such expenses for operating the loan program
as may be specified by the bond resolution or trust indenture
authorizing or securing such Bonds and the payment thereof
The Bonds (up to the aggregate principal amount of
$50,000,000) are issued to obtain funds with which to purchase
Student Loan Notes which are guaranteed under the provisions of
the Hlgher Education Act of 1965, as amended, to establish
certain reserves and for the purpose of paying certain expenses
SECTION II This governing body hereby approves
the ~ssuance and delivery of such Bonds for the purposes
aforesaid, and ~n thls connection requests that the said
Authority exercise the powers enumerated and provided in
Section 53 47 of the Texas Education Code, that such non-profit
corporation shall, in th~s connection, exercise such powers for
and on behalf of the City and the State of Texas, as con-
templated by Section 53 47(e) of the Texas Education Code
SECTION III' The City does not agree to assume any
respons~bllty in connection with the admInistration of this
student loan program, ~t being understood th~s responsibility
· s being assumed by the Authority
SECTION IV It is recognized by th~s governing
body that the ~nstruments which authorize the issuance of Bonds
by the Authority will specifically state that th~s City ~s not
obligated to pay the principal of or ~nterest on the Bonds
proposed to be ~ssued by the Authority Nothing ~n th~s
resolution shall be construed as an indication by th~s City
that it will pay or provide for the payment of any obligations
of the sa~d Authority whether heretofore or hereafter ~ncurred,
and ~n th~s connection, attention ~s called to the Constitution
of Texas where~n ~t is provided that a C~ty may ~ncur no
debtedness without having made provisions for ~ts payment, and
this C~ty Council hereby specifically refuses to set aside any
present or future funds, assets or money for the payment of any
indebtedness or obligation of the Authority
SECTION V That the Mayor ~s authorized and
directed to assist the Authority in the preparation and
execution of a request for an allocation of the state "cap"
under Section 103(n) of the Internal Revenue Code of 1954, as
amended, and the assignment to the Authority of any allocation
made or to be made to this City ~n the calendar year 1985 (with
respect to such Bonds) is hereby made and approved
SECTION VI Th~s Resolution shall be effective
from and after ~ts passage and approval
-2-
1985 PASSED AND APPROVED, this the d~m~__ ~y of
M~or\-City r D~nt-°%~' Texas
ATTEST
City Secr~6af'y, City of Denton, Texas
APPROVED AS TO LEGAL FORM
(C~ty Seal)
-3-
4/15/85
OFFICIAL STATEMENT
NEW ISSUE Standard & Poor's Rating. "AAA"
(A M B A C Insured) (See "Rating")
In the opinion of Bond Counsel, interest on the Bonds is exempt from federal
raceme taxation under existing statutes, court deeis, ons, ~egulat~ons and published
$25,000,000'
NORTH TEXAS HIGHER EDUCATION
AUTHORITY, INC.
Student Loan Revenue Refunding Bonds
Semes 1985A
Dated: April 1, 1985 Due: April 1, 1995
Interest on the Bonds m payable and on each
and thereafter The Bonds are issued as fuliy regmtered
bonds, ni integral multiples of $100,000 each The prmmpal of the Bonds will be
payable at the pr~nmpa] eurporate trust of bee of
as Trustee, Bond Registrar and Paying Agent on the Bonds Interest due on each
interest ipayment date (except that due at maturity) with respect to the Bonds shall
be payable by eheek marled to the respective owners thereof as such ownership is
reflected on the regmtrat~on books of the Bond Registrar as of the fifteenth day of
the month next preceding each interest payment date interest due on final
maturity and the pnnelpal then due m payable to the regmtered owner upon
presentation and surrender of the Bonds
The Bonds are being msued in the amount of $25,000,000 by the North Texas
H~gher Edueatlon Authur~ty, Inc., a Texas nonprofit corporation (the "Authority"),
pursuant to an Indenture between the Authority and the Trustee for the purpose of
prowding funds to. (i) ;
(n) make required deposits to various funds requ,red by or created under the
Indentu~; and (iii) pay eeutam expenses inearred m eouneetlon with the issuance of
the Bonds, all as more fully desuribed here,n
The Bonds are hm~ted obligations of the Authority, secured by and payable
solely from Student Loan Notes, the proceeds from the sale of Student Loan Notes,
the Net Revenues derived with respect from the operation of the Authonty's
Student lLoan Program and the Funds and other assets constituting a part of the
Trust Estate established under the Indenture. Pursuant to a Commitment
Agroemgnt among Citibank, N.A., the Authority and the Trustee, Citibank N A, w~ll
purchase, subleet to certain conditions, and at the option of the Authority, a
portfoho of Student Loan Notes from the Authority.
, at a pnee of 100% of the
outstanding principal balance of such portfoho pins aeerued interest payable by the
*Subieet to ehange
makers thereof, all as move fully described hevem The Authoz~ty does not
a~ntieipate exereising ~ts rights under the Commitment Agreement but, subject to
market e~nditions, intends to
AMERICAN MUNICIPAL BOND ASSURANCE CORPORATION
as a condition to the dehvery of the Bonds will ~ssue a separate pohey of ~nsuranee
guaranteeing the payment of the prinmpai of and mtevest on the Bonds, as fuLly
described herein.
The Bonds do not constitute general obltgutmns of the Authority nor a debt of
the State of Texas or any political subdiws~on theveof. Neither the faith, credit nor
taxing power of the State of Texas or any polltieai sulxhvts~on thereof, ~s pledged to
the p~L~nlent of the prinmpai of or interest on the Bonds.
The Bonds are offered when, as and if issued by the Authority and vectored by
the Underwriters, subject to prior sale, withdrawal or modiheat~on of the offer
without notice and to the approving of legal op~mons of Messrs. Dumas, Huguenm,
Boothm~n and Morrow, Dallas, Texas, Bond Counsel, and the Attorney General of
the Stat9 of Texas. Ce~tam legal matters w~U be passed upon for the Authority by
Messr. Carl Generes, Dallas, Texas, General Counsel to the Authority Certain legal
matters .wiU be passed upon by Messes Huteinsen Prxee Boyle & Brooks, Dallas,
Texas, ~ounsel for the Unde~vriters. It ~s exgeeted that the Bonds ~n dehmt~ve
form wall be available for delivery in Dallas, Texas on or about Aprd 24, 1985
RAUSCHER PIERCE REFSNES, INC. CITICORP CAPITAL MARKETS GROUP
CITIBANK, N A
Dated. Aprxl ,1985
NO dealer, broker, salesperson or other person has been authorized by the
Authority, Citibank, AMBAC, Higher Edueatiun Servicing Corporation, Ine, TGSLC
or the Underwriters to give any information or to make any representation, other
than as ,contained in the Official Statement and if given or made, such other
information or representations must not be relied upon as having been authorized by
any of the foregoing.
Tl~e information set forth, herein has been obtained from the Authority,
Citibankl AMBAC, Higher Education Sewicmg Corporation, inc., TGSLC and other
sources Which are believed to be rehable but is not guaranteed as to ancurany or
completeness, and is not to be eonstraed as a representation by the .Under~r.~t.e~
The information and expressions of opinion herein are subJeCt to change w~nou
notice, and neither the dehve~y of tbas Official Statement nor any sale made
hereunder shall under any circumstances create any implication that there has been
no change in the information or opinions set forth herein after the date of this
Official Statement. This Offinial Statement does not constitute an offer to sell or
the seliditation of an offer to buy, nor shall the~e be any use of th~s Ofheial
Statement or sale of the Bonds by any person in any ]ar~sd~ct~on m wtuch ~t is
unlawfull for such person to make such offer, sol~e~tahon or sale.
IN CONNECTION WITH THE OFFERING OF THE BONDS THE
UNDERWRITERS MAY OVER-ALLOT OR EFFECT TRANSACTIONS THAT
STABILIZE OR MAINTAIN THE MARKET PRICE OF SUCH BONDS AT A LEVEL
ABOVE THAT WHICH MIGHT OTHEI~WISE PREVAIL IN THE OPEN MARKET
SUCH STABILIZING, IF COMMENCED, MAY BE DISCONTINUED AT ANY TIME
TABLE OF CONTENTS
Page
Summary Statement m
Introduction
The Bonds
Security! for the Bonds
Source and Application of Funds
Program Cash Flow Assumptions
The North Texas H~gber Educat~un Authority, inc
The Higher Education Serwcmg Corporation, inc
The Texas Guaranteed Student Loan Corporation
Summary of Certain Provisions of the Servicing Agreement
Summary of Certain Prowsions of the Indenture
Summary of Certain Provisions of the Commitment and
Standb~ Purchase Agreement
Tax Exe~nptlon
Eligib~hty for Investment in Texas
Legal l~atters
Absence of Litigation
Rating
Financial Statements
(~)
Fmanmal Adwsor
Unde~ltmg
Other Matters
Fmaneial Statement of the Authority Appendix I
Finano~al Statement of TGSLC Appendix II
The Guaranteed Student Loan Program Appen&x III
Authovity's Claims Summar~j AppendL~ IV
Form of Municipal Bond Guaranty Insurance Pohe¥ Appenchx V
(n)
SUMMARY STATEMENT
This Summary Statement, being part of the Offie~al Statement, ~s subject m
all rospeets to moro complete mformat~on contained hereto The offering of the
Bonds to potential investors is made only by means of tlus entre Offin~al Statement.
No person is authorized to detanh this Summary Statement from this Official
Statement or to otherwise use ~t without tins entwe Offie~al Statement
The Authority The North Texas Hlgber Education Authority, Inn (the
"Authority"), a nonprofit eo~porat~on, ~s organized under
the provisions of the Texas Non-Profit Covpo~at~un Act
and certain provisions of the Texas Education Code. The
Authority is autho~uzed to purchase Student Loan Notes
made by Student Bowowers The Authority has
pvewousl~ issued and has outstanding its "Student Loan
Revenue Refunding Bonds, Scales 1982A" in the principal
amount of $9,405,000, ~ts "Student Loan Revenue Bonds,
Ser~es 1982B" m the pvmn~pal amount of $25,000,000 and
its "Student Loan Revenue Bonds, Sewes 1983A and
1983B' in the principal amount of $25,000,000 for eanh
Series. (See '~The North Texas Higher Education
Authority, Inn ")
The Bonds The "$25,000,000 North Texas Higher Education
Authority, Inn Student Loan Revenue Refunding Bonds,
Series 1983A" (the "Bonds") w~ll be initially dated ~m~l
1, 1985, and will mature at such time and bear interest
at the rate set forth on the cover of this Official
Statement. The Bonds w~ll be issued as fully re~stered
bonds m the denomination of $100,000 each or integral
multxples thereof. (See "The Bonds ")
Additional Bonds No bonds, other than the Bonds, are permitted to be
issued under the Indenture, except in replacement of
mutilated, lost, stolen or destroyed Bonds or upon
transfer or exchange of a Bond The Authurity, however,
may ~ssue bonds secured by separate indentures (See
"Security for the Bonds-Additional Bonds ')
Redemption The Bonds are subject to mandatory and optional
redemption prior to their stated maturity. (See "The
Bonds.")
Seuree of Revenue
and Seourity The Bonds are payable from and secured by an
wrovooable llen on and pledge of Net Revenues and the
moneys and investments held in the Funds and other
assets oonstitutmg the Trust Estate established under
the Indenture. The security for the Bonds includes
a) Student Loan Notes and the moneys received from
the repayment of prmelpal and interest thereon;
b) revenues from Federal interest Subsidy Payments
and Special Allowance Payments on the Student
Loan Notes;
e) guarantee payments made by the Texas
Guaranteed Student Loan Corporation or
insurance elmm payments made by the Seeretury
of Education,
d) amounts on deposit in the vur~ous Funds
established under the indenture which are part of
the T~ust Estate, and the mvestment income
thereon;
e) proceeds received from the sale or other
chsposlt~on of the Student Loan Notes, including
proceeds reee~ved under the Commitment
Agreement; and
f) r~ghts of the Authority m and to the Commitment
Agreement. (See "Security for the Bonds ")
Source and Appheat~on
of Funds Proceeds from the sale of the Bonds (except for accrued
interest which shall be deposited to the Interest Fund)
wiil be deposited in the Bond Preeeeds Cleuranee Fund
and will be used as follows (a) to pay the east of ~ssumg
the Bonds, the first year's commitment fees and the
Underwriters' discount, (b) to deposit to the Program
Commitment Fund an amount winch, together w~th
interest thereon, w~ll equal the total balance of the
commitment fee veqmred raider the Commitment and
Standby Purchase Agreement tlwoughout its term, (e) to
make the required deposits to the Operating Fund and (d)
to deposit the remainder of the Bond proceeds to the
Investments Fund to fund the Reserve Fund and the
Student Loan Fund (See "Source and Appheat~on of
Funds.")
Student Loan Notes Ail Student Loan Notes held under the indenture are to
be guaranteed by the Texas Guaranteed Student Loan
Corporation (the "TGSLC") or insured by the Seeretury
of Education (the "Seeretury"), all as prowded by the
lligber Education Act of 1965, as amended (the "Act")
Under the 1980 amendments to the Act, TGSLC wxll be
eligible, until September 30, 1985, to receive 100%
federal reimbursement on guarantee claims paid by ~t.
Thereafter, TGSLC's percentage of federal
reimbursement will be determined by its mmual default
rate, but will not be less than 80%. (See "The Texas
O005E
Guaranteed Student Loan Corporation" and Appendix III
- "The Guaranteed Student Loan Program ")
AMBAC Insurance As a condition to the dehvery of the Bonds, the
Authority will obtain from the American Mumeipal Bond
Assurance Corporation ("A M B A C") its policies of
insurance guaranteeing the full and complete payment of
the principal of and interest on the Bonds. (See "A M B
A C Insurance ")
Commitment and W~th respect to the Bonds, Citibank, N.A. (*'Citibank*'),
Standby Purohase will, purchase from the Authority, subject to certain
Agreement conditions and at the Authority's option, a portfolio of
up to $ m pumelpal amount of Student
Loan Notes,The purchase price to be paid by Citibank
will be 100% of the outstanding principal balanoe of the
Student Loan Notes purchased plus accrued interest
payable by the makers thereof The proceeds of such
sale will be apphed to the payment of the Bonds upon
thew maturity. (See~ "Summary of Certain Prowslons of
the Commitment and Standby Purchase Agreement ")
The Sev~neing Agent The H~gher Education Servicing Corporation, Ine (the
'*Servicing Agent'*), a Texas nonprofit eurperatlon, with
ItS principal offices in Arlington, Texas, wall act as
Servicing Agent for the Student Loan Notes on behalf of
the Authority under the terms of a Serwe~ng
Agreement The Servicing Agent w~ll perform duties
regarding Student Loan Note collection, accounting and
reporting and, in addition, w~ll provide admimstrat~ve
support services for the Authority. The Serwemg Agent
has entered into a contract with Waehovla Services, Ine,
Winston-Salem, North Carolina, to assist m the
performance of certain duties under the Servicing
Agreement. (See "The Higher Education Servicing
Corporation, ine ")
-3-
$25,000,000
NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC.
Student Loan Revenue Refunding Bonds, Series 1985A
INTRODUCTION
This Official Statement, whieh ineludes the cover page and appendices
attanbed~ hereto, provides information in eonneet~on w~th the issuance and sale by
the No~th Texas Higher Edueation Autho~ty, Ine. (the "Authority"), a Texas
nonprofit corporation, of its '$25,000,000 Student Loan Revenue Refunding Bonds,
Series 1985A" (the *'Bonds'*). The Bonds are to be msued pursuant to an Indanture
(the "Indenture"), dated as of April 1, 1985, between the Authority and Dallas,
Texas, as trustee (the '*Trustee"). The Bonds are the only obhgatious wlueh may be
msued under and secured by the Indenture (See 'Security for the Bonds ')
The proceeds of the Bonds (exeinsive of aeereed mte~est deposited in the
Interest Fund) will be used in eouneetion with the Authority's student loan program
(the "Student Loan Program") to: (i) acquire certain notes (the '*Student Loan
Notes") made by students (the *'Student Borrowers") to finance their post-secondary
education at eligible restitutions (the "Ehg~ble Institutions"); (ii) make reqmred
deposits to various funds reqmred by or created under the Indenture, and (iii) pay
certain expenses and fees ineurred in eouneetion with the issuance of the Bonds.
The Student Loan Notes held under the Indenture must be made by lending
restitutions (the "Ehgible Lenders") which are qualified as "eli~ble lenders" under
the provisions of T~tle IV, Parts B and F of the Higher Education Act of 1965, as
amended, and the regulations promulgated thereunder (}omtly referred to herein as
the 'Act"). In addition, originating Ehg~ble Lenders must also qualify under Chapter
57 of the Texas Education Code (the 'Education Code") All Student Loan Notes
held under the Indenture must be either (1) guaranteed by the Texas Guaranteed
Student Loan Corporation CTGSLC') under the Federal Reinsured State Guaranteed
Program (the 'GSL Program") or (u) dweetly insured under the Act by the United
States Department of Education th~oagh the Secretary of Education (the
'Secretary")
Student Loan Notes guaranteed under the GSL Program are guaranteed by
TGSLC to the extent of 100% of outstanding principal and unpaid accrued interest
TGSLC has established a "Guarantee Account' which may be used only for the
payment of ~uarantee el/ams TGSLC has entered rote agreements with the
Seereta~.-y for reinsurance under the GSL Program which wnll provide federal
reimbursement to TGSLC for claims p/ad to Ehg~ble Lenders on Student Loan Notes
as a result of death, disabihty., bankruptcy and default Until September 30, 1985,
TGSLC will be ellgqble for 100% federal reimbursement without regard to ~ts default
rate, and thereafter its percentage of federal reimbursement on default el/ams will
be determined by its annual default rate, but will not be less than 80% (See *'The
Texas Guaranteed Student Loan Corporation" and Appendix III - "The Guaranteed
Student Loan Program ")
The Authority has entered into a serwcmg agreement (the "Servicing
Agreement") with the H~gber Education Servicing Corporation, Inc, a Texas
nonprofit eorporattan (the "Servicing Agent") The Servicing Agent was
O00SE
-4-
ineurpo~ted in 1978 to provide headquarters and administrative support serwees to
Texas higher education authorities and to pvowde loan servicing for student loans m
the State of Texas. The duties and administrative sevwee responsibilities of the
Se~vintng Agent include the nolleeting, ueeounting and reporting of Student Loan
Notes acquired by the Authowty, as well as any adchtionai funet~oas required under
the Ant to preserve the guarantee of TGSLC or the insurance of the Secretary on
the Student Loan Notes. The Sevvieing Agent has entered into a contract with
Wanhovia Servines, Inc., Winston-Salem, North Carehna, to assist it m performing
certain of its duties. (See "The Higher Education Sevwcing Curpurat~on, Inc.' and
"Summa~ of Certain Prowslons of the Sevwning Agreement.")
As a condition to the delivery of the Bonds, the Authority, the Trustee and
Citibank, N.A. ('Citibank"), will enter into a commitment and standby purchase
agreement (the "Commitment Agreement") pursuant to whinh Citibank will purchase
from the Authority , subject to certain nonchtions and
at the ~kuthovity's option, a portfolio of up to $ ..... m principal
amount of Student Loan Notes held under the Indenture ~nth respect to the Bonds
(See "Summary of Certain Provlmous of the Commitment Agreement ") The
purchase prine to be paid by C~tibank will be 100% of the outstanchng pvineipai
balance of Student Loan Notes pumhased, plus accrued interest payable by the
makers thereof. The proceeds of such sale will be apphed to the payment of the
Bonds upon their maturity. Subject to market eond~tions, the Authority does not
expect to exercise its r~ghts under the Commitment Agreement; instead
/ks a condition to the delivery of the Bonds, the Authority will obtain from
American Munieipai Bond Assuranne Curpuratlon ( A M B A C") a pohey of mstwanee
wath respect to each series of the Bonds (mdtviduaily, the "Pohey') guaranteeing the
full and~omplete payment of the prmelpai of and interest on the Bonds. (See "A M
B A C Insurance.") Upon the oeeureenee of an event of default under the Indenttwe,
and unless A M B A G ceases to have the r~ght to do business in Texas, is m
receivership, bankruptcy or reorganization, or is m default under a Pohey, A M B A
C shall have the exclusive right to direct the actions of the Trustee (See "Summary
of Certain Provisions of the Indenture - Defaults and Remedies ")
There emi be no assurance that relevant Fedevai or State laws, including the
Act, will not be changed in a manner winch might adversely affect the seetwity for
the Bonds. The Act has been amended ~n the past to change the method of
determining Spee~ai Aliowanee Payments, and there can be no assurance that the
method 'of determining Speeml Allowanee Payments will not be changed in a manner
winch might adversely affect the ability of the Authority to pay the prmeipai of and
interest on the Bonds. (See Appendix III -"The Guaranteed Student Loan Program ")
Bvlef descriptions of the Bonds, the Authority, the Sevwemg Agent, the
Servinhlg Agreement, TGSLC, the Indenture and the Commitment Agreement are
included in this Official Statement. All summaries hereto of documents and
agreements ave qualified m their entireties by reference to such documents and
agreements, copies of which ave available for inspection at the of flee of the
Trustee. Ail eapitahzed terms used in this Offieiai Statement shall have the
meanings set forth herein ur m the indenture unless otherwise indicated
O00S~
THE BONDS
Genera/
The Bonds will be dated May 1, 1985, and vail mature on June l, 1997.
Interest on the Bonds is payable by cheek or draft drawn on and ma,led by the
Paying A~ent to the registered owners of the Bonds as of the close of business on
the Reeor~l Date lmme&ately p~eeeding an Interest Payment Date. Registered
owners of $1,000,000 or more m aggregate principal amount of Bonds may receive
payment of Interest by w~re transfer in lmme&ately avmlable funds by requesting
sunh me~hod of payment m wmtiag to the Tnmtee, specify~ng the account to winch
such payment is to be made, not less than 5 Business Days before an Interest
Payment Date. Principal of and the fInal installment of Interest on the redemption
p~iee of the Bonds is payable to the re{pstered owners thereof upon surrender of the
Bonds at the principal ofhee of the Paying Agent. The Bonds may be transferred or
exchanged for Bonds of other authorized denommaUons, at the pr,nc,pal office of
the Trestee, or its successor, as registrar (the "Registrar"), w,thout cost, except for
any tax or other governmental charge
The Bonds m,tlally vall bear interest semmnnuaily and will be payable upon
tender by the Bondholders on the In,tiai Adjustment Date set forth on the cover
page hereof for the Bonds, ,n the manner described below Thereafter, the Bonds
vail bea~ interest payable on the dates and be subject to tender on the dates
("Demand Dates") determined by the Authomty for each Adjustment Per, od in
accordance with the Indenture Pmor to the lmtml Adjustment Date and each
saccee(hng Adjustment Date thereafter, the Tnmtee vail g~ve written not,ce to
Bondholders stating certain mformat~on pertinent to the Set,es of Bonds held by
such Bondholders for the Adjustment Period commencing on such Adjustment Date
The Bonds are subject to mandatory, tender for purchase on each Adjustment Date.
Initmlly, interest on the Bonds m payable on December 1, 1985 and
sem,am~ually thereafter on the first day of each Jane and December Each
Adjustment Date is an Interest Payment Date From the Imtml Adjustment Date,
interest on the Bonds m payable on each Interest Payment Date as follows (1) during
any Adjustable Rate Period and during the Fixed Rate Per,od, semmunuaily on each
Jane 1 and December 1 and on the Adjustment Date ,mmedmtely following any such
Adjustable Rate Period in the manner set forth under the caption "THE BONDS
-Adjustment Dates;" and (2) during any, Varmble Rate Per,od, on the f,rst day of
each September, December, March and June and on the lust day of such Per,od
Interest will aceree and will be computed as set forth under the caption "INTEREST
ON BONDS" below
During any Adjustment Period wh,ch m a Varmble Rate Period, the Bonds of
such Sev,es vall be ~ssuable only in denominations of $100,000 and integral mnlUples
thereof. Dumng any other Adiustment Per, od, including the In,tm! Adjustment
Permd, the Bonds vall be issuable in denommaUous of $5,000 and integral muir,pies
thereof The Bonds w~ll be issuable only m fully registered form
Secur,ty for the Bonds
The Bonds are limited obhgat~ons of the Authomty secured by and payable
from revenues and other assets pledged under the Indenture for the payment of
prme,pal of und interest on the Bonds. Subject to the prowsions of, and permitting
O005E
--6--
the appheat~on of such assets for the purposes permitted by, the Indenture, the
followingI assets are pledged (a) the p~oeeeds derived from the sale of the Bonds
(until expended for the purposes for which the Bonds were ~ssued); (b) Loans; (e) all
Funds established by the Indenture, including moneys und securities therein,
includingi without hmitat~on, the Bond l~oeeeds Cleuranee Fund, the Student Loan
Fund, the Student Loan Repayment Fund, the Bond Redemption Fund, the Interest
Fund and the Reserve Fund described below; (d) moneys received as "Revenues"
eonstitut~ng the scheduled, delinquent and advunee payments of interest paid from
any source on uny Student Loans; and (e) moneys received as "Recoveries of
Principal" nonstituttng the scheduled, delinquent and advance payments, payouts or
prepayments, received from ur on account of any Loan as a recovery of the principal
amount Of such Loan, Including proceeds from insurance or any guarantees of ur
proceeds,from the sale, assignment or other disposition of such Loan, and earnings
on investments in all Funds. For a detailed description of the Funds established by
the indenture see "SUMMARY OF CERTAIN PROVISIONS OF THE INDENTURE"
herein.
In order to seeure the Bonds further, the Indenture estabhshes a Resurve
Fund. S~multaneously w~th the ~ssuanee and dehvery of the Bonds, the Trustee ~s
reqmred ,to deposit m the Reserve Fund from the proceeds of the Bonds, moneys m
an amount at least equal to the Reqmred Reserve The Reqmred Reserve w~th
~espeet to the Bonds is an amount equal to _% of the original agg~egute principal
amount of the Bonds. As shown herein under the heading "ESTIMATED SOUI~CES
AND USES OF FUNDS", the Trustee is to deposit $ in the Reserve Fund,
representing the amount of the Reqmred Reserve w~th respect to the Bonds
The principal of and interest on the Bonds are also payable from funds drawn
under the Poliny, m an amount equal to 100% of the aggregate principal amount of
the Bonds plus 105 days of interest at a maximum rate of __. For a detailed
deseript~on of the Policy see "INSURANCE OF THE BONDS" The purchase price of
the Bonds is also payable from funds reee~ved from the sale to the Purchaser of
Bonds winch have been tendered to the Tender Agent on Demand Dates ("Tendered
Bonds") and not remarketed by the Remarketmg Agent For a detailed deser~ption
of the Commitment Agreement among the Authority, the Trustee and the Purchaser
relating ~o the obhgations of the Parehaser to purchase such Tendered Bonds, see
PURCHASE OF TENDERED BONDS BY PURCHASER
Ad.lustment Dates
Pr~ur to each Adjustment Date, the Authority ~s requ~ed to determine the
next succeeding Adjustment Period In connection w~th such seleet~on, the
Authority is required to determine whether, the next succeeding Adjustment Period
w~th respect to the Bonds w~ll be an Adjustable Rate Per~od or a Variable Rate
Per~od and to determine the next sueeeechng Adjustment Date. The initial
Adjustment Date for the Bonds occurs on June 1, 1987 (the "Imttal Adjustment
Date") Each Adjustment Date will also be an interest Payment Date, a Rate
Determination Date and a Demand Date for the Bonds The Bonds will be subject to
mandatory tender for purchase on each Adjustment Date, except under certain
circumstances. See "MANDATORY TENDER AND PURCHASE OF BONDS".
O005E
--7--
At least five Business Days prior to 30 days prior to each Adjustment Date,
the Authority will designate and give w~tten notice to the Trustee and the
Remarketing Agent of (l) the duration of the ~mmed~ately succeeding Adjustment
Per~od, (2) whether sueh ,mmechately succeeding Adjustment Period wall be an
Adjustable l~ate Pe~od or a Variable l~ate Per~od, (3) the Rate Determmatmn Date
or Dates and the Demand Date or Dates for sach Adjustment Per~od, (4) the Interest
Payment Date or Dates for such Adjustment Pe~od and (5) the method by whmh,
after suoh Adjustment Date, Bondholders may ascertain the interest rate to be
borne by sueh Bonds during sueh Adjustable Rate Pertod or Varmble Rate Per, od
Promptly upon receipt of such notice from the Authority, but m no event less than
15 days priur to such Adlustment Date, the Trustee will notify eanh Bondholder by
first-ela~ mai at the address of such Bondholder us shown on the bond regustrat,on
books kept by the Trustee, of the items set forth above. Such notice shall also state
that sueh Adjustment Date is also a Demand Date, the redemption prows,ous that
will pertain to sueh Bonds during such succeeding Adjustment Period, that, unless a
Holder directs the Tender Agent not to purchase lus or her Bonds on the Adjustment
Date m the manner described in the Indenture, such Bonds will be subject to
mandator~ tender fcc purchase on such Adjustment Date, the manner m wh,eh and
the last day on wh,eh Holders may g~ve direction to the Tender Agent not to
purchase sueh Bonds pursuant to such mandatory tender, and, ff such chreet,on ,s not
g~ven, the manner m winch Holders may tender Bonds for purchase pursuant to such
mandatory/tender. Any nottee mailed as so prov,ded shall be eonclus,vely p~esumed
to have been g~ven, and the fadure of any Bondholder to reee,ve such not,ce, or any
defeet thereto, will not extend the per~od for making elections or m any way mod,fy
the r,ghts of the Holders of the Bonds to demand to have the,r Bonds purchased or
the obh~atmns of such Holders to tender such Bonds for purchase, as appheatle, on
any Demand Date
No des,gnat,on by the Author,ty on a new Adjustment Per,od shall toke effect
unless the following eond~tions are satisfied (~) the Comm,tment Agreement
remains ,n effect until at least 180 days after the next sanceedmg Adjustment Date
and (i,) the Policy remains m effect Furthermore, as a eond,tion to the select,on by
the Author,ty of a new Adjustment Per,od and related matters with respect to the
Bonds, the Authority must furmsh to the Trustee, the Purchaser, the Insurance
Company and the Remarketmg Agent an opm, on of Bond Counsel to the effect that
such selection has been made m compliance w,th the laws of the State of Texas and
the terms of the Indenture and that the exempt,on from federal income taxat,on of
the interest on the Bonds will not be ,mpa,red by reason of such selection
Select,on of New Adjusted Per,ods; Cash Flow Pro]eet,ous; Collateral Requwement
On or prior to each Adjustment Date, the Authority ,s reqmred to prov,de the
Trustee, the Purehuser, the Insurance Company and the Remacketmg Agent with a
Cash Flow Projection for the Adjustment Per~od eommenemg on such date See
"SUMMARY OF CERTAIN PROVISIONS OF THE INDENTURE -- Cash Flow
Projeetion". in adchtion, on the May ! ~mmechately precechng eaeh Adiustment Date
(the "Adjustment Testing Date")~ the Trestee ~s required to prov,de the Purehasur
and the Insurance Company with a Collateral Reqmrement Certificate stating that
the Collateral Reqmrement has been met as of such Adjustment Testing Date. See
"SUMMARY OF CERTAIN PROVISIONS OF THE INDENTURE -- Collateral
Requirement Certificate".
O00SE
If the Collateral Ratio for such Adjustment Testing Date stated m the
Collateral ttequtvement Certificate is at least 103% and the Authurity has provided
a Cash Flow Prejeetmn m accordance w~th the Indenture for the next succeeding
Adjustment Period at an Ad0astable Rate, the determination by the Authur~ty of the
next succeeding Adjustment Period shall be conclusive and the consent of the
Purchaser and the Insurance Company to such seleetmn shall not be veqmved If the
Collateral Rutm shall equal at least 101% but shall be less than 103%, and a Cash
Flow Pro~eetmn is provided by the Authority at an Adjustable Rate for the
Adjustment Period selected by the Authority, the next sueeeedmg Adjustment
Permd shall be the Adjustable Rate Period so selected by the Authurlty, prowded
the selection of such Adjustable Rate Per~od is approved by the Purchaser and the
Insurance Company and, m the event the Purchaser or the Insurance Company does
not consent to the selection of such Adjustable Rate Period, the next succeeding
Adjustment Period shall be a Variable Rate Period, prowded that the Authority
delivers to the Purchaser and the Insurance Company a Cash Flow Projection for the
duration of at least one year ut the Imtial Variable Rate
If the Authur~ty cannot provide a Cash Flow Pro~eet~on for the duration of at
least one year at the Initial Variable Rate or if the Trustee cannot dehvev a
Collateral Requirement Certifmate stating that the Collateral Requwement for
such Adjustment Testing Date has been met, the Authority shall not select a next
sueceed~ng Adjustment Period for the Bonds In such event, the Bonds shall be
subject to mandatory tender for purchase by the Tender Agent at a purchase prme
of par plus aeevued rate,est, if any, upon_ days notme to the Bondholders in
aeeordanee with the proeedures deserlbed m "MANDATORY TENDER AND
PURCHASE OF BONDS Bonds so tendered w~l[ be purchased by the Purchaser
pursuant to and subject to the eoncht~ons set forth in the Commitment Agreement.
See "PURCHASE OF BONDS BY PURCHASER AND COMMITMENT AGREEMENT".
At the optmn of each of the Authority, the Purchaser or the Insurance Company, the
Bonds then held by the Purchaser ("Purehaser Bonds") shall be subjeet to mandatomy
redemption in the manner set forth under "REDEMPTION PROVISIONS--Mandatomy
Redemption of Purchaser Bonds" hereto
Automatle Selection of New Adjustment Period m Certain Events
If (1) the Authority fallS to designate a new Adjustment Period with respect
to the Bonds, (n) the Autharity ~s unable to furmsh the opinion of Bond Counsel
described ~n the preceding paragraph or (m) the Authority cannot prowde a Cash
Flow Pr0]ect~on for a duration of at least one year at an Adjustable Rate, then the
next sueeeechng Adjustment Period for the Bonds shall be a Varmble Rate Per~od,
prowded that the Authority delivers to the Trustee, the Purehasev, the Insuranee
Company and the Remarketing Agent a Cash Flow Projection for the duration of at
least one year at the Variable Rate (the "Imtlal Variable Rate") wh~eh would be
applleable during the inltml Variable Rate Determination Period during the Variable
Rate Period wMeh is to eommenoe on the next succeeding Adjustment Date The
seleetion of a new Adjustment Period w~th vespeet to the Bonds in accordance w~th
tins paragraph will be made by the Authority as soon as prantmable and will be
effective as of the Adjustment Date ~mmedlately succeeding the most recently
completed A~ustment Period.
O00S~ --9--
Testing Dates During Vamable Rate Periods
During any Variable Rate Period or during any pemod Bonds are held by the
Purchaser pursuant to the Commitment Agreement. the Trustee is requi~d to
deliver {;o the Purchaser and the Irisuranee Company on eanh Testing Date a
Collateral Requirement Certificate. in addition, on such date the Authority shall
deliver to the Purchaser and the Insurance Company a Cash Flow Pro{eetian. If
daring any Variable Rate Period the Author4ty has promuded on such date a Cash
Flow Projection for a duration of at least one year at an Adjustable Rate and the
Collateral Ratio on such Testing Date either (i) m at least 101% but less than 103%
and the Purchaser and the Insurance Company eousent to the dusl~nation by the
Authority of a new Ad{ustment Period which is an Adjustable Rate Period, or (ii) is
equal to or 6~eafer than 103%, then the Authomty may designate a new next
sueeeed~ag Adjustment Date (which shall be the first Business Day of any calendar
month) which shall be the first day of an Adjustable Rate Period or the F~xed Rate
Effective Date, upon ~ittan notine given to the Trustee at least forty-five (45)
days prior to such desi~nation of (1) the duration of the immediately succeeding
Adjustment Period, (2) the Rate Determination Date or Dates for such Ad]ustment
Pemod, and the Demand Date or Dates for such Adjustment Period. (3) the Interest
Payment Date or Dates for such Adjustment Period and (4) the method by wh, eh,
after such Adjustment Date, Bondholders may ascertain the interest rate to be
borne byl such Bonds during the next sueeeeding Adjustment Period Promptly upon
receipt of such notice from the Authority, but m no event less than 15 days prior to
such Ad]ustment Date, the Trustee will notify eaeh Bondholder by first-elass mail at
the address of such Bondholder as shown in the Seeurlty Re.stet, of the items set
forth above. Such notice shall also state that such Ad{ustment Date is also a
Demand Date, the redemption provisions that will pertain to sueh Bonds during such
sueeeeding Adjustment Period, that, unless a Holder dlreets the Tender Agent not to
purchase his or her Bonds on the Adjustment Date m the manner described in the
Indenture, such Bonds shall be sub{eet to mandatory tender for purchase on the
Adjustment Date, the manner in winch and the last day on which Holders may ~ve
direction to the Tender Agent not to purchase such Bonds pursuant to such
mandatory tender, and, if such direetion is not ~ven, the mfumer in wh,eh Holders
may tender Bonds for purchase pursuant to such mandatory tender Any not,ee
mailed as so provided shall be eoneluslvely presumed to have been given, and the
fadure of any Bondholder to receive such not,ce, or any defeet therein, will not
ex'tend ~be period for making eleetions or in any way mod,fy the obhgat,ous of sueh
Holders to tender such Bonds for purchase, as appheable, on any Demand Date
Igc designation by the Authority of sueh new Adjustment Period shall take
effect unless the Commitment Agreement remains m effeet unt,1 at least 180 days
after the next succeeding Adjustment Date and the Policy remains in effect
Furthermore, as a condition to the selection by the Authority of such new
Ad{ustment Period and related matters with respeet the Bonds, the Authority must
furnish to the Trustee, the Purchaser, the Insuranee Company and the Remarketlng
Agent an opimon of Bond Counsel to the effect that such seleetion has been made m
compliance with the laws of the State and the terms of the indenture and that the
exemption from federal income taxation of the interest on the Bonds will not be
impaired by reason of such selection.
0005~
If on any Testing Date the Collateral Reqmrement has not been met or if the
Authority cannot or fails to deliver a Cash Flow Prolection for a duration of at least
one year at the Variable Rate which would be apphcable durmg the Varmble Rate
Dete~mination Period commencing on the Variable Rate Announcement Date
immediately succeeding such Testing Date, or the Purchaser Kate, as the ease may
be, tben, the Bonds shall be subject to mandatory tender for purchase upon _ days*
notice in aceordacce wtth the procedures described in "MANDATORY TENDER
AND PURCHASE OF BONDS** hereof and shatl be purchased by the Purchaser and
therafter all Bonds shall be sub]eot to mandatory redemption at the option of the
Authority, the Purchaser or the Insurance Company m the manner described m
'KEDEM~PTION PROVISIONS -- Mandatory Redemption of Purchaser Bonds'*. If,
however, excluding the Purchaser Bonds, the Authority run deliver a Cash Flow
l~ojection for a duration of at least one year at the apphcuble interest rate during
the Adjustment Period m wluch the Purchaser is holding Bonds, and the Collateral
Reqmrement can be met, the Authority, at its option, shall redeem the Purchaser
Bonds.
INTEREST ON BONDS
General
Interest on the Bonds will accrue from and including May 1, 1985 until the
prmclpai thereof has been pad. Interest on the Bonds will ~mtially be pa~d on
December 1, 1985 and semmnnually thereafter on the first day of eaeh of Jane and
December until June 1, 1987 During any other Adjustable Rate Period and during
the FLxed Kate Pemod with respect to the Bonds, interest on the Bonds witl be
payable on each June 1 and December 1 during such Adlustable Rate Pertod and on
the Adjustment Date tmmediately succeeding any such AdJustable Rate Period.
During any Variable Rate Period with respect to the Bonds, interest on the Bonds
wtll be payable on the first day of each September, December, March and June
during any such Variable Rate Period and on the Adlustlnent Date immediately
following any such Adjustable Rate Per~od
During any Variable Rate Per~od, the interest on the Bonds for that Period
will be computed on the basis of a year of 365 or 366 days, as appropriate, for the
actual number of days elapsed For the Imtial Ad{ustment Per~od and for any other
AdIustable Rate Period and for the Fixed Rate Period, the interest on the Bonds of
such Series for that period will be computed on the basis of a 360-day year
consisting of twelve 30-day months.
Anytlung in the Indenture or the Bonds to the contrary notw~thstanding, the
interest rate borne by the Bonds may not at any time exceed 15% per annum or such
ingber interest rate then permitted by law; nor may the rate of interest on any Bond
for any Rate Determination Period other than the Imt~al Adjustment Period be less
than the rate per annum resulting in a yield on the Bonds, calculated m accordance
with United States Treasury Regulation §1 103-13, from the date of original
issuance of the Bonds to the next Rate Determination Date, of not less than __
( %) per annum, unless the Authority shall have delivered to the Trustee an op,mon
o~-Bond Counsel to the effect that such interest rate will not result in the Bonds
being "arbitrage bonds" w~thin the meaning of Section 103(c) of the Internal Revenue
Code.
0005~
-11-
Interest Rate Durin~ Adjustable Rate Per~ods
The Remarkettng Agent shall determine f~ve Business Days preeechng the
Closing Date the Adjustable Rate the Bonds shall hear during the lmtml Adlustment
Per~od. For each other Adjustable Rate Period with respect to the Bonds, the Bonds
will bear interest at a rate determined in the follow-rog manner On the 15th day
prior to each Adjustment Date or on an earlier day selected by the Remarketmg
Agent with the approval of the Authority, but not earlier than the 30th day prior to
sueh Adjustment Date, the Remarketin~ Agent will compute an Interest Index for
sueh Adjustable Rate Period. Upon determmatmn of the interest index, the
Remarketing Agent, having due regard to prev~thn~ market eond~tmns, wall
determine the Minimum Rate with respect to the Bonds, prowded, however, that in
no event shall the Mtmmum Rate he more than 125% or less th~n 75% of the
interest index for such Adjustable Rate Period.
The Remarketmg Agent will promptly notify the Trustee of the Mimmum
Rate, and promptly thereafter, but in no event less than 15 days prmr to such
Ad}ustment Date, the Trustee will ~lve not~ee by fL~st-elass marl to all Bondholders
stating the Minimum Rate and that the interest rate for such Adjustable Rate
Permd will not be less than the M~rdmum Rate.
On the third Business Day preceding the Adjustment Date, the Remarketmg
Agent, having due regard to prevailing market conditions, wall determine the
interest rate which, if borne by the Bonds during such Adjustable Rate Permd
commencing that day, would be the interest rate, but would not exceed the interest
rate, which would result m the market value of sueh Bonds on such date being 100%
of the principal amount thereof. The interest rate so determined shall be the
interest rate for sueh Ser~es of Bonds for such Adjustable Rate Period, prowded,
however, that in no event shall such interest rate so determined be less than the
M~mmum Rate.
On each Adjustment Date wath respect to the Bonds, the Trustee wall g~ve
not~ee by f~rst-elass mml to all Bondholders of the interest rate apphcable to such
Bonds during such Ad]ustable Rate Per~od
Interest Rates During Varmble Rate Permds
During each Variable Rate Permft, the Bonds wall bear interest at a rate
detarmmed m the following manner On the third Bus~ness Day ~mmedlately
preceding the fu~t day of a Varmble Rate Period and on Tuesday of each week
thereafter, or if such day is not a Business Day, on the next succeeding Business Day
(each such date being haremafter referred to as a "Varmble Rate Announcement
Date"), the Remarketmg Agent wall compute an Interest Index for the next
succeeding Vsr~able Rate Determination Per~od On such Variable Rate
Announoement Date, the Remarket~ng Agent, having due regard to prevailing
market eonditmus, wall determine the interest rate which, ~f borne by the Bonds
daring such Variable Rate Detarminat~on Permd, would be the interest rate, but
would not exceed the ~nterest rate, which would result in the market value of the
Bonds on such day hein~ 100% of the principal amount thereof The interest rate so
determined will be the interest rate for the Va~able Rate Determinatmn Period
begummg on the day ~mmechately succeeding such Varmble Rate Announcement
Date and ending on the immediately sueeeechng Variable Rate Announeement Date,
O005E
-12-
prowded, however, that the interest r~te so determined shall not be more than 125%
or less than 75% of such interest Index. If for any reason the interest rate ~s not
determined in the mmmer specified above for any Yarxable Kate Determination
Period, the interest r~te for the preceding Variable Kate Determination Period shall
continue In effect for such Yarlable Kate Determinat~on Perxod. If for any reason
the interest r~te is not so determined for a seeond sueeeechng week, the Variable
Kate shall be equal to _% of the Treasury Kate until the Yariable Kate is a~am
determined In aeeordsnee w~th the above procedure No adjustment m the interest
~te on any Bond shall be made for a change m the Interest index if such change
takes effect on a ds~, whxeh is less than five (5) Business Days prior to (1) an Interest
PaymentlDate or (ii) a date on which such Bond is to be redeemed (including the day
such change takes effect but not including the interest P~ent Date or redemption
date, as the ease may be), whether or not mterest ~s paid on such interest Payment
Date or the Bond LS redeemed on such redemption date. Upon determination of the
interest r~te applicable to the Bonds, the Kemarketmg Agent will promptly adwse
the Trustee of such r~te and the Trustee will thereupon cause such mte~est rate for
sueh Ser~es of Bonds to be pubhcly announced on ManiFacts or on such other medium
selected by the Trustee.
Estabhsh~nent of Fixed Kate
With the consent of the Insurance Company and the Purchaser, the rate,est
r~te on the Bonds may be established at a fixed interest rate (the "Fixed Kate") on
any Adlustment Date, following the dehvery by the Authority to the Trustee, the
Insurance Company, the Purchaser and the Kemarketmg Agent of (1) a eertxfled copy
of a resolution of the Authority electing to establish a Fixed Kate, specifying the
Adjustment Date on which the Fixed Kate is to become effective and (il) an opinion
of natlanally recognized bond counsel to the cf feet that the eonversxon from an
Adjustable Kate or Yar~able Kate to a FLied Kate will not cause the interest on the
Bonds to, be subject to federal income taxes du~mg the time such Bonds bear interest
at a FLied Kate
Upon satlsfaetion of the eondit~ons set forth in the preceding paragraph, the
Authority ma5' eieet to have the Bonds bear interest at a Fixed Kate by g~vmg
written notice of such election speelfs, mg the Fixed Kate ]~ffeetlve Date, winch
notlee is received by the Trustee at least five Business Days prior to 30 days prior to
the Fixed Kate Effeet~ve Date The Trustee shall promptly, but in no event less
than 30 days prior to the Fixed P~ate Effeetlve Date, give written notice of such
election by the Authority to the Kemarketmg Agent and to all Holde~ of the Bonds
at their addresses as shown on the Security Keglster by first-class mall, which
notice shall state that on the Fixed l~ate Effective Date sueh Bonds w~ll bear
interest at a Fixed Kate and that prior to the F~xed Kate Effective Date such
Holders w~ll be mmled a further notice coneen~mg the Minimum F~xed Kate of
interest such Bonds will bear and the rights of such Holders with respect to the
conve~s~0n to the Fixed Kate on and after the FLied Kate Effective Date
On the 12th day prior to the Fixed Kate Effeetive Date for the Bonds, or on
an earlier day selected by the l~emarketmg Agent w~th the approval of the
Authorit~, but not earlier than the 21st day prior to such F~xed Kate Effective Date,
the Kemarketing Agent, having due regard to the prevailing market eonchtions, shall
determine the Minimum Fixed Kate for such Bonds.
O00S~
The Remavketing Agent shail promptly notify the Trustee, the Security
Re~strar, the Authority, the Pu~haser and the Insurance Company of the Minimum
Fixed Rate for the Bonds and the infomatlon required to g~ve the not,ce referred to
beinw. Thereafter the Trustee promptly shall {pre not~ee of such Minimum Fixed
Rate by .first-class mail to all Holders of Bonds at thew addressus as shown on the
Seuurtty Register, stating (i) such Mimmum Fixed Rate and that after the Fixed
Rate Effective Date for the Bonds the interest ~ate to be boree by all of such Bonds
wall be not less than sunh Minimum FLxed Rate; (n) that after such F~xed Rate
Effective Date the Holders of such Bonds will have no right to reqmre the ptwehase
of their Bonds by the Tender Agent; (iii) that, unless such a Holder waives the r~ght
to have his Bonds purchased on the Fixed Rate Effective Date, ins Bonds shall be
purchased on such Fixed Rate Effeetxve Date; (iv) the manner m winch such Holders
ma~v waive such mandate~y pumhase; and (v) the redemption p~ovislous that will
pertain to the Bonds after the Fixed Rate Effective Date therefor.
Three Business Days prior to the F~xed Rate Effective Date, the Remarketing
Agent, having due regard to preva~hng market conditions, shall dete~mme the
interest rate winch, if borne by the Bonds, would be the mterest ~ate, but would not
exceed the interest rate, winch would result m the market value of such Bonds on
such date being 100% of the pemolpal amount thereof, and the ~nterest cate so
determined on sunh Fixed Rate Effective Date shall be the FLxed Rate for such
Bonds and shall be the interest ~ate boree by such Bonds from and after the Fixed
Rate Effective Date therefor until Maturity, provided that ~n no event shall the
F~xed Rate for such Bonds be less than the M~mmum FLxed Rate therefor. The
Remarketing Agent shall promptly notify the Trustee, the Authority, the Purchaser
and the Insurance Company of the Fixed Rate
If for uny reason the Fixed Rate cannot be determined m the manner
specified m this subsection, the Remarket~ng Agent shall determine the Fixed Rate
winch shall be 100%, 95%, 90%, 85% or 75% of the ll-Bond Index for the most
recent period (as pubhshed xn The Bond Buyer) if the length of the remmnmg term of
such Bonds as of the Fxxed Rate Effective Date therefor equals or exceeds 10, 9, 6
or 2 years, respectively. If for any reason such F~xed Rate cannot be determined m
the manner specified m the preceding sentence, the Remarketmg Agent shall
determine the F~xed Rate for such Bonds which shall be 100%, 90% or 80% of the
Base Rate on the F~xed Rate Effective Date for such Bonds ~f the length of the
per~od from such FLxed Rate Effective Date to the maturity date of such Bonds
equals or exceeds 10, 3 or i years, respectively, and 60% of the Base Rate ~f the
length of such per~od m less than one year
In no event shall the FLxed Rate be less than _ or exceed 15% or the inghest
rate then permitted by law.
Upon receipt from the Remarketmg Agent of adwee of the FLxed Rate for
the Bonds, the Tnmtee promptly shall g~ve not~ee of such FLxed Rate by first-class
ma~l to all Holders of Bonds who waived their rights to have their Bonds purchased
on the Fixed Rate Effective Date therefor.
Interest Index
Each interest Index with respect to the Bonds maintained by the Remarketmg
Agent shall be expressed as the average interest rate of a component issue re~ster
composed of at least five (5) issues of obltgat~oas (i) the interest on winch is exempt
O00S~
-14-
from feder~ raceme taxation, (ii) having a demand, tender for purchase or
redemption feature (or a corresponding pemod to maturity) and an interest
adJastmeat feature comparable to that borne by the Bonds; and (nj) hawng a rating
from theI Rating Agency of at least the rating on the Bonds. The Remarketing
Agent may delete or add oomponant issues to the Interest Index as representative as
possible of the current market interest rate for securities comparable m security,
llqmdity and credhtworthiness to the Bonds, whenever necessitated by changes m
market conditions or issuance procedures. The Remarketing Agent shall notify the
Trustee by telephone, telex or telegram, or other eleetromc or w~re
communications, promptly confirmed by fLost-elass mad, of each such change of
component issues on the Interest index.
Binding ~ature of Determinatmns
The determination of a Minimum Rate and the Interest rate for an Adlustable
Rate Period, a Vamable Rate Period, and a M~nimum Fixed Rate and a FLxed Rate,
by the Remarketing Agent m accordance w~th the provm~ons hereof as hereby
approved by the Authomty, the Purchaser and the Insurance Company and each such
determination shall be conclusive and binding upon the Holders of the Bonds, the
Autho~ty, the Purchaser, the Insurance Company, the Trustee and the Tender Agent
MANDATORY TENDER AND PURCHASE OF BONDS
All of the Bonds must be tendered by the Holders thereof for purchase by the
Tender Agent at a purchase prme of 100% of the principal amount thereof in
aeeardanee with the Indenture and under the cweumstances summarized below. If
any Bond of such Series m not tendered for purchase on or prior to the reqmred date,
the Holder thereof shall not be entitled to any payment (including any interest to
accrue subsequent to the required purchase date) other than the purchase pmee
thereof as more fully described below
Except as otherwise prowded hereto, all Bonds are required to be tendered
for purchase
(1) on each Adlustment Date w~th respect to such Seines (including
the Inxtml Achastment Date); provided, however,, that a Holder of Bonds may avoid
such mandatory tender for purchase reqmrement by dehvermg to the Tender Agent
at , Attention on or prior to the seventh day
~mmedmtely preceding the Adjustment Date an instrument m wmtmg (a) stating that
the Holder has knowledge of the type and duratxon of the next succeeding
Adjustment Period, (b) the Demand Dates, Rate Determination Dates and Interest
Payment Dates for such Adjustment Peraod, (c) ~f such Adlustment Per~od ~s an
Adlustable Rate Period, that such Holder has knowledge of the Mmxmum Rate for
such period and (d) d~reet~ng the Tender Agent not to purchase the Bonds or portions
thereof held by such Holder and ~dentlfymg such Bonds by number and denomination,
and
(2) on the F~xed Rate Effective Date for the Bonds; prowded,
however, that a Holder of Bonds as of the close of business on the tenth day
preceding such Fixed Rate Effective Date may avoid tins mandatory tender for
purchase requirement by dehvering to the Tender Agent at its principal offme on or
before the seventh day preceding such Fixed Rate Effective Date an instrument m
w~ltmg executed by such Holder (A) acknowledging reempt of the notice of the
matters spemfied in "INTEREST ON BONDS -- Estabhsinnent of FLxed Rate" with
respect to the conversion and (B) directing the Tender Agent not to purchase the
Bonds held by sunh Holder and identifying such Bonds by number and denomination,
and
(3) on the _ day after a Testing Date during a Varmble l~ate Per~od
on which the Collateral Requirement has not been met or on wineh the Authomty
cannot dehver a C~h Flow Prujeet~on for a duration of at least one year at the
appheable Variable Rate as described in "THE BONDS -- Testing Dates Dumng
Variable Eate Periods" or on the day following the end of an Adlustment Period with
respect to which the Authority is not permitted to select a new Adlustment Pemod
as deserlbed in "THE BONDS -- Select, un of Adlustment Dates; Cash Flow
Preleetion; Collaterel Requirement"
Bonds subject to mandatory tender and purchase sub~eet to the foregoing
pvovm~ons will be purchased by the Tender Agent at a price of par Each
Adjustment Date is ac Interest Payment Date
Only Holders of Bonds whmh will be m Authorized Denom~nations on and
after the Adjustment Date or the FLxed Rate Effective Date may avoid the
mandatory tender for purchase requirements by not~ee to the Tender Agent. Any
notice dehvered by a Bondholder to the Tender Agent to avoid the mandatory tender
for puruhase requirements w~ll be wrevoeable and wall be bmchng upon subsequent
Holders Of such Bonds but will have no effect upon any subsequent mandatory tender
for purchase requirement with respect to such Bonds The Bonds of Bondholders who
have delivered proper not,ecs direot~ng the Tender Agent not to purchase the Bonds
of such Holder shall be delivered by sunh Holder to the Tender Agent on or before
the applleable Adjustment Date and exchanged by the Trustee for a hke aggregate
principal amount of Bonds registered in the names of such Holders reflecting the
new Adjustment Date and interest cate applleable to the Bonds
Any Bonds veqmred to be tendered for purehase must be delivered to the
Tender Agent at , Attention __ , prior to 9 30 A.M, New
York C~ty time, on the date on which such Bonds are reqmved to be purehased Any
Bonds veqmred to be tendered for purchase that are not so delivered, for which
there has been ~wevoeably deposited with the Tender Agent in the Bond Purehase
Fund an amount of money sufhcmnt to pay the parehase price thereof, will be
deemed ,to have been purehased by the Tender Agent and vnll be "Undehveved
Bonds". In the event of a fadu~e by a Holder of Bonds (other than a Holder of Bonds
who has g~ven notiee as provided above) to dehver ~ts Bonds on or prior to the
veqmved date, said holder shall not be entitled to any payment (including any
interest,to accrue subsequent to the required purchase date) other than the purchase
price for such Undelivered Bonds, and any Undehvered Bonds will no longer be
entitled to the benehts of the Indenture, except for the payment of the purchase
price therefor from amounts on deposit m the Bond Purchase Fund. Any moneys
held by the Tender Agent In the Bond Purchase Fund for the purchase of an
Undehvered Bond shall be separated and held In a segregated account designated
"Undehvered Bond Payment Account" and shall not be Invested and shall be held for
the exclusive benefit of the Holder of such Undehvered Bonds
ooos~ -16-
PURCHASE OF BONDS ON DEMAND OF BONDHOLDERS
DURING VARIABLE RATE PERIODS
During uny Variable Rate Period, any Bond vnll be purchased by the Tender
Agent, on the demand of the Holder thereof, at a pumhase p~ce equal to the
prlnmpal amount thereof plus ancmed interest, if any, to the date of purchase, on
any Business Day w~thin such Variable Rate Period upon delivery to the Tender
Agent at , , Attention __, of (a) wrevoeable written
notice (,Parehuse Demand Not~ce") which states (~) the prmmpal amount of such
Bond and the number thereof und (fl) that such Bond is to be purchased on a date
specified m such notice winch date will be a Business Day which is on or after the
last Business Day w~tlun the next succeeding seven calendar days, and (b) such Bond
(with appropriate instruments of tx-ansfer of reg~stratiun executed in blank) pnur to
9:30 A.M., New York City time, on the date spemfIed m the aforesmd not~ce.
Any Bonds for which a Parehase Demand Notme has been given by a
Bondholder that are not delivered for winch there has been n-revoeably deposited
w~th the Tender Agent in the Bond Parehase Fund an amount of money sufhclent to
pay the purchase price thereof shall be deemed to have been purchased by the
Tender Agent und shall constitute Undehvered Bonds In the event of a fadure by a
Holder of Bonds to deliver ~ts Bonds on or prior to the required date, sa~d Holder
shall not be entitled to any payment (including any interest to accrue subsequent to
the required purchase date) other than the pumhase price for such Undehvered
Bonds, and any Undehvered Bonds shall no longer be entitled to the benehts of the
Indenture, except for the payment of the purehase price therefor from amounts on
deposit m the Bond Purchase Fund Any moneys held by the Tender Agent in the
Bond Purchase Fund for the pm-ohs.se of un Undehvered Bond shall be separated and
held m a segregated account designated "Undehvered Bond Payment Account" and
shall not be invested and shall be held for the exclusive benefit of the holder of such
Undehvered Bonds
REDEMPTION PROVISIONS
The Indenture sets forth the prowsions for the redemption of the
Bonds prior to matar~ty The Bonds are sub]eet to redemption prior to maturity as
described below. Prior to any Adjustment Date, the Trustee m required to furnish
not,ce to each Holder of affected Bonds of the redemption provmlons set forth in
the indenture that w~ll pertain to the Bonds daring such Adjustment Period See
"THE BONDS -Ad]astment Dates"
Optional Redemption
Bonds may be redeemed m whole or m part by lot, at par plus accrued
interest to the date of redemption, w~thout premium, at the option of the Authority,
(D on any date, to the extent that moneys in the Student Loan Fund
cannot be invested as prowded hereto at a y~eld equal to or greater than the
rate of interest on the Bonds;
O00S~
-17-
(n) on any date, if the Authomty determines that such ant~an IS
neeessury in o~der to prevent a default in the payment of the principal of or
interest on the Bonds;
(ill) on any date, during a Variable Rate Pemod, upon thirty (30)
days not~ee, and
(iv) on any Adjustment Date.
Mandato~ Redemption of Purchaser Bonds
The Bonds are subject to mandatory redemption in whole, at a redemption
price of pay plus aeevued interest to the date of redemption, on a date following the
day which is the 90th day (or if such date is not a Basmess Day, then on the next
succeeding Business Day) following the date the Authority, the Ptwehaser or the
Insurance Company notifies the T~ustee of its elect~on to reqmre redemption of the
Bonds following the purchase of Bonds by the Purchaser under the e~veumstanees set
fo~h in "THE BONDS -- Selection of Adjustment Dates; Cash Flow Pre]cottons;
Collateral Requirement," "TESTING DATES -- Testing Dates Dumng Vamable Rate
Periods" and "TESTING DATES -Testing Dates for Purchaser Bonds" Under such
mandatory redemption, the Purchaser shall purchase the Student Loan Notes from
the T~ustee at a pmce equal to 100% of the pmnmpai bulanee of such Student Loan
Notes, plus interest thereon payable by the student burcowurs pucsuunt to the
Commitment Agreement, and if the sum of the proceeds received by the Trustee
from the sale of such Student Loan Notes plus funds under the Indenture avmlable
for payment of the Purchaser Redemption Price are not sufhe~ent to pay the
Purchaser Redemption Price of the Bonds held by the Purchaser, the Trustee shall
make a demand upon the Iusuranee Company for payment under the Pohcy of an
amount equal to the d~fferenee between (0 the purchase pmee of the Student Loan
Notes plus funds avoalable for payment of the Purchaser Redemption Pmce and (n)
the Purchaser Redemption Pmee The Trustee shah apply the proceeds from the
sale of the Student Loan Notes, the funds avadable therefor and the proceeds
received from the Insurance Company under the Pohey to the payment to the
Purchaser of the Purchaser Redempt~un Price.
Mandatory Redemption
The Bonds shall be sublect to mandatory redemption in whole or m part, at
par plus accrued interest to date of red~mpt~an, w~thout premmm, on any date to
the extent required to comply vnth Umted States Treasury Regulation §! 103-13
and, ~f the Trust Estate is receiving Special Allowance Payments, regulations of the
Dep~tment of Edunat~on governing redemption
Procedure for and Not~ee of Redemption
Notice of redemption of the Bonds must be g~ven by the Trustee by hrst class
mall postage prepaid, to such Holder of a Bond to be redeemed m whole or in part at
the last address of such Holder shown on the Secumty Regmter maintained vnth
respect to the Bonds and such notice shall be mailed at least hfteen (15) da~(s prior
to the date set for redemption, except, m the case of an optional redemptwn during
a Variable Rate Pemod, not~ee shall be mailed at least thwty (30) days m advance
Such not,ce of redemption shall state the redemption date, the redemption pmee,
ooo~ -18-
the principal amount and the numbers of the Bonds called for redemption, the plane
for presentation of the Bonds called for redemption and that interest on the Bonds,
or the portion thereof so eailed for redemption, shall cease on the redemption date.
Any sunh notme of redemptmn so mailed shall be conclusively presumed to have
been duly given i~espeetive of whether received by the Holder.
If notice of redemption has been duly gtven, then the Bonds so eailed, or the
portion thereof ealled for redemption, shall be due and payable on the redemptmn
date at the applicable redemption price. P~owsion for payment of the redemption
price, together with aeerned interest, shall be made by the Tnmtee to or upon the
order of the Holders of the Bonds m accordance ~nth the prowsmns of the
Indenture. Moneys for payment of the redemptmn pmee shall be paid from the
setwees described berem
F~om and after such redemptmn date (such deposit of redemptmn moneys
having been made and notiee given as aforesaid), no further interest shall anerue
upon any of the Bonds (or portion thereoD so eailed for redemptmn, and such Bonds
shall cease to be entitled to any benefit or seeumty under the Indenttwe, and the
Holders thereof shall have no rights m respoet of such Bonds except to receive
payment of the redemption pmce thereof and rate,est accrued to the date fixed for
redemptmn
Notw~thstanchng the foregoing, Purchased Bonds shall be eailed for
redemption pmor to any other Bonds
AMBAC INSUKANCE
The Pohey
As a condition to the dehve~ of the Bonds, the Authority will obtain from
Amemean Munm~pal Bond Asstwanee Co,potation ("AMBAC") policies of insurance
9guaranteeing the full and complete payment of the principal of and interest on
each scorns of the Bonds. The insurance will extend for the life of the Bonds and
will not be sub~eet to cancellation by AMBAC
The insurance of the Bonds by AMBAC should not be construed as a
representation by AMBAC that the pledged revenues will at all times and under all
ewcumstanees be sufficient to pay the pmneipal of and interest on the Bonds
Reference is made to the current form of pohey attached as Appendxx VI fcc
a dese~iptinn of the bondholder's rights thereunder The Pohey actually delivered
w~th respect to each seines of the Bonds may be amended, if necessary to ~efleet
that interest will not be evidenced by interest coupons The following m neeessarlly
a general desemption of the Policy and, m ail eases, the speelfm prowslons of the
Pohey govern.
In the event any portion of a payment of pmneipal of or interest on the Bonds
m not deposited with the Pa~nng Agent for the Bonds when due, a claim may be
submitted to AMBAC for payment of such amount AMBAC m obhgated tO make
payment of sueh unpaid amounts w~thm one (1) day following submission of a claim
ooose -19-
Under the Pohey, payment ~s to be made by AMBAC to Umted States Tr~st
Company of New York, as Insuvanee Trustee. Prior to elosmg, AMBAC and the
Insurance Trustee vnll enter rotc a eont~ant whereto they will agree w~th the
Authority and the Trustee that the Insurance Trustee wall ~em~t payments ~eeelved
from AMBAC, with ~espeet to interest on the Bonds, to the Trustee under the
indenture in its eapaeity as Paying Agent for the Bonds The Trustee m turn shall
make payment to the holder of record as shown on the bond registration books on
the recoil date for such installment of interest The Indenture provides that
p~fraent by AMBAC of all or part of any installment of p~ne~pal or Interest w~th
respect to a series of Bonds, shall to the full extent thereof, operate as an
assignment of the Bondholders ~ght to sueh payment If the Trustee does not have
funds suffielent to fully pay p~nelpal of or interest on the Bonds due at any g~ven
time and the lnsuvanee T~ustee falls to previde such funds, the Indenture prowdes
the Trustee shall assist the Bondholders in submitting claims to the Insurunee
Trustee or other paying agent des~guated by AMBAC.
AMBAC has obtained a ruling from the Internal P~evenue Service to the
effect that the ~nsur~ng of an obligat~on by AMBAC wall not affect the exemption
from federal income taxation of interest on such obhgat~on and that ~nsuranee
proceeds representing maturing interest pa~d by AMBAC under pohey prows]ons
substantially identinal to those contained m the Pohey wall be exempt from federal
income taxation.
F~nune~al and Corporate Infarmat~on
AMBAC ~s a New York dom~eded stoek insurance company, regulated by the
Insurance Department of the State of New York, and heensed m various states, with
total ~ets of $190,755,264 (unaudited) and capital and surplus of $56,135,158
(unaudited), both as of March 31, 1983. AMBAC ~s a wholly-owned subsxd~ary of
MGIC Investment Corporation ("MGIC Investment"), a financial holding company,
winch is a subsid~ar~ of Baldwin United Corporation ("Baldwm-Umted"), a financial
secwees company. A copy of AMBAC's annual report for the year ended December
31, 1982, ~s avadable w~thout charge by writing to Phyhs Smyezek, assistant wce
president, One State Street Plaza, 17th Floor, New York, New York 10004
AMBAC wall fully reinsure the AMBAC Insurance Pohey w~th MGIC
Indemmty Corporation ('*MGIC") winch ~s also a wholly-owned subsidiary of MGIC
Investment. MGIC ~s a W~seonsm-dom~eded stock insurance company, regulated by
the lustwanee Department of W~seonsm, and heensed m various states, with total
assets of $203,065,078 (unaudited) and capital and surplus of $70,480,761 (unauchted)
as of March 31, 1963 The Insu~unee Departments of the States of New York and
W~seousm have promulgated regniatious spee~fieally des]gued for ~nsurecs of
mume~pal bonds whieh, among other tlungs, limit each insurer as to exposure on both
a single-rink and total-~sk bas~s. The total amount of principal and interest to be
due on all of the bonds insured by MGIC and AMBAC ~s apprex~mately
$39,561,918,291 as of Mareh 31, 1963. MGIC submits un annual report, ineinchng a
statutory, balance sheet, to the Insu~anee Department of W~seonsm, winch report ~s
on file therewith.
AMBAC and MGIC have entered mto two stop-loss reiusu~anee agreements
~nth a number of unaffihated reinsurers relating to the mume~pal bond insurance
programs of AMBAC and MGIC. The stop-loss ve~usucanee agreements cover all
O00S~
-20-
emstmg new issues, funds, unit trusts and portfolios insured by AMBAC and MGIC.
There ave presently fourteen msuranee companies participating in the f~st of such
agreements with a maximum aggregate habihty thereunder of $75,000,000 and three
insurance companies participating in the seeund of such ag~eemen.ts~.~wit~h a
maxim_u~, aggregate liability of $§0,000,000. in addition, AMBAC and ~blu nave
entered into a quota share reinsurance agreement w~th three unaffdiateu reinsurers
under which 17.25% and 18.75% of the insuranee under~r~tten pursuant to the
municipal bond insurance programs of AMBAC and MGIC during 1982 and 1983,
respectively, has been and will be assumed by such reinsurers. The stop-inss and
quota share reinsurance agreements are designed to supplement the resourees of
AMBAC and MGIC and to provide sueh corparat~ons w~th the ability to continue to
pay elalms durin~ periods of serve economic catastrophe. The stop-loss reinsurance
agreements are continuous but are sub}eot to termination by any party thereto on
any December 31 upon 90 days notice and by one certain party thereto on any March
31, June130, September 30 or December 31 upon 90 days~ notme Termination vnll
also occur if AMBAC or MGIC fails to provide the reinsurers at any year-end with a
no-loss warranty which states, in effect, that losses mcun~ed for that year will be
bo~ne fully by MGIC and AMBAC. If termination oecurs, and ~f AMBAC or MGIC
does not prewde a no-loss wan~nty, the stop-loss reinsurance agreement prowdes
for a SL~ year nm off pewod during wineh pe~od the reinsurers remain hable for all
losses mourned by MGIC or AMBAC with respect to busxness in foree at the
beg~nmng of the run off period.
Baldwm-Umted m em~ently experiencing severe flnaneml diffmult~es
Certain information concerumg Baldwin-United ~s disclosed m reports flied w~th the
Seeurmes and Exchange Commission and may be respected at the offlees of the
Commission. Wlule no assurance can be ~ven that such financial chfflcult~es will
not affect the future operations of AMBAC, such flnancml d~fflcult~es should not
affeet the financial condition of AMBAC (see "I~atings") In the opinion of counsel
to AMBAC, (~) m the event a case is commenced by or against Baldwm-Umted or
Investment under the Bankruptcy Code, the assets of AMBAC ma:~ not be sold,
transferred, assigned, pledged or otherwise d~sposed of in order to satisfy the claims
of creditors of Baldwin-United ar MGIC Investment, (n) any sale, transfer or other
d~sposlt~on of the control of AMBAC pursuant to any bankruptcy proceedings m
which Baldwm-Umted or MGIC Investment is the debtor wall be sublect to the prior
approval of the Superintendent of Insurance of the State of New York, and AMBAC
and the person so anqmring control thereof wall continue to be subject to the
Insurance Law of the State of New York and the regnlat~ons thereunder, and (in) the
appointment of a nastod~an, reee~ver, trustee, or assignee for the benefit of
nrechto~s of Baldwm-Umted or MGIC Investment under apphcable laws, and the
divestiture by any sale, transfer or other d~sposit~on of AMBAC pursuant to any
bankruptcy proeeedmgs m winch Baldwin-United or MGIC Investment ~s the debtor
and the eonsequent acqms~tiun of eontrol of AMBAC by another person, will not
eonst~tute a default under or a basis for termlnat~un of any reinsurance to which
AMBAC m a party.
Miscellaneous
The information relating to AMBAC, MGIC, MGIC Investmeot and
BaldwmrUnited contained above has been furnished by AMBAC. No representation
~s made' here~n by the Authority~ the Undervmters or their respeet~ve eounsel as to
the aeeu~any or adequacy of such information or as to the absence of material
adverse,changes in such information subsequent to the date hereof.
O005E
-21-
SOUl{CE AND APPLICATION OF FUNDS
The Authority estimates that proceeds from the sale of the Bonds (excluding
~eerued interest paid, which will be deposited in the interest Fund) w~ll be apphed as
follows:
Source:
Prmmpal Amount of Bonds $
Aeemed interest
Various Funds of the Authomty
Total $
Application.
Funding of Escrow Fund to Defease Seines 1982B $
Operating Fund
Reserve Fund
Program Commitment Fund
Initial Commitment Fee
Issuanee Costs Cre&t Enhancement and
and Bond Discount
Total Appheat~on of Funds ~
PROGI{AM CASH FLOW ASSUMPTIONS
The Authomty antmlpates that l{evenues will be sufficient to pay
Mmntenanee and Operating Expenses and interest on the Bonds when due If the
Authority m unable to , the Authority
anticipates that It will be able to sell the Student Loan Notes, either pursuant to the
Commitment Agreement or otherwme, for a purchase price equal to the outstanding
principalI balance thereof, plus accrued interest payable by the makers thereof The
Authomty anticipates acquiring $ principal amount of Student
Loan Notes
The proceeds of such sale, together with amounts on deposit ~n the various Funds
established by the Indenture are antmlpeted to be suffiemnt to pay the Bonds at
maturity. However, the abihty of the Authority to pay interest and principal when
due on the Bonds will depend, among other things, on' (0 the timely receipt of
principal, interest and Special Allowance Payments on the Student Loan Notes;
the receipt of moneys from any sale or other &spomtlon of all of the Student Loan
Notes aequired under the Indenture; and (Iii) the investment earnings on moneys held
pumuant to the indenture
The Authority has made eertaln assumptions concerning the projected cash
flow of the Student Loan Program which include, among others, the following
(1) Student Loan Notes in an aggregate principal amount of $
will be purchased by the Trustee at the chreetlon of the Authority with the
p~oeeeds the Bonds.
OOOSE
(2) The rate of return on the Student Loan Notes ~s 9.5%, which includes 1/2 of
1% per annam m Special Allowance Payments for Student Loan Notes winch
bear a 9% interest rate, 1 1/2% per annam for Student Loan Notes winch bear
an 8% interest rate, and 2 1/2% per annum for Student Loan Notes winch
bear a 7% interest rate.
(3) Moneys in the Reserve Fund will be invested m obhgat~ons wh,ch w~li have an
average bueld of approximately. % per annam Moneys m the Program
Commitment Fund wall be invested m obhgut~ous wlueh w~ll have an average
yield of approximately % per annam. Moneys m the Student Loan
Repayment Fund and in all other Funds (except the Reserve Fund, the
Puagram Comm,tment Fund and the Surplus Fund) w~ll be mvusted in
short-term investments at a ~ate of not less than 5 1/2%. Moneys held m the
Surplus Fund for a per~od in excess of tlurty days will be invested at a yield
not to exceed the yield on the Bonds.
(4) The annual interest east of the Bonds w~ll be that shown on the cover hereof
(5) All Student Loan Notes aequ, red by the Trustee on behalf of the be 100%
guaranteed by TGSLC or 100% chreetly insured by the Secretary All Student
Loan Notes aeqmred by the Trestee on behalf of the Author,ty wall have been
originated and will have been and wall be serv,eed ~n such manner us to
preserve such guarantee or msarance. All guarantee or msaranee claims wall
be chligently processed m a timely manner
There is no assurance that all assumptions made m the Authority's
development of its pro{eet,ous will in fant be reahzed There ~s no assarance that
relevant Federal and State laws, inoluchng the Act, w~ll not be changed m a manner
that may adversely impact the flow of funds under the indenture ProjeetlOus also
may be affected by the timeliness of receipt of repayments on the Student Loan
Notes, guarantee payments, Interest Subsidy Payments, Spec,al Allowance Payments
and the actual expenses mearred by the Author,ty m the opevat,on of the Student
Loan Program
THE NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC
General
The Authov,ty is a pr,vate nonprofit corporation originally created under the
Texas Non-Profit Corporat,on Act m 1971 ander the name of "Dallas Schools
Foundatmn." Sa~d corporation was dormant from ,ts incorporation m 1971 unt,1 1978
when ,t was reorgamzed and its Artmles of ineorporat,on were amended to change
~ts name and purpose to the present name and purpose The Authority covenants m
the Indenture that it will at all t~mes operate under a Plan of Doing Business which
m m eonfarm~ty with the Act and applicable Texas law so as to maintain its
reeogmtion as un orgamzation under Section 501(c)(3) of the Internal Revenue Code
of 1954, as amended. %~}vf)~
The Authority has previously issued and has presently outstandi~.l.l~,845'000)
in principal amount of its "Student Loan Revenue Refunding Bonds, SL'ri~ I~°2.~.,~
$25,000,000 m principal amount of its "Student Loan Revenue Bonds, Series 1982B,"
$25,000,000 in principal amount of ~ts "Student Loan Revenue Bonds, Series 1983A,"
O005E
and $25,000,000 in prinmpal amount of its **Student Loan l~.evunue Bonds, Serxes
1983B'. In ad&tlon, the Authority previously msued its Series A and its Series B
Bonds which were refunded in advance of their respeetive stated maturities with the
proeeeds of the Series 1982A Student Loan Revenue l~efun~hng Bonds As of
March 31, 1985, the Authority (through the Trustee) owned $46,021,668 m principal
amount of Student Loan Notes.
The Authority is authurtzed to (1) prowde funds for the acqumltlon of Student
Loan Notes made to students at the post-secondary level and (2) provide procedures
etServleing of such Student Loan Notes m aceordance wxth the Act. The Authority Ib
ended Articles of incorporation also provide that after payment of expenses,
service and the creation of reserves for the same, ail revenues shall be ut~hzed
for the purelmse of Student Loan Notes, and upon dissolution of the Authority, be
paid to t'he Cities of Arlington and Denton, Texas. The Authority*s activitxes are
governed by the Texas Non-Profit Corporation Aet, the Edueatiou Code and the Act.
Orgamzational Structure
The Authority is governed by a Board of D~rectors consisting of eight (8) d~rectors
Four &rectors are appointed by each of the governing bodies of the Cities of
Arhagton and Denton, Texas, upon nomination by the Authur~ty. Each of such
govermng bodies may also remove those directors appointed by lt. Directors serve
two-year staggered terms of office. Each of the directors of the Authority is
employod,4~H-~cnn~, in the oeeupatians and positions set forth below The members
of the Board of Dlreeturs serve without compensation, except for the payment of
expenses inearred in eoanectlon with the business of the Authority The By-Laws of
the Authority provide for the appointment of Advmory Directors by the Board of
Directors. Advisory Directors serve two year terms and are entitled to all of the
rights and powers of a Board member, except that Advisory D~reetors may not vote
nor may they hold the offices of President or ¥1ce-President
Board of Dn~eetors
Name Principal Occupatton Term Expires
Dr Samuel Hamlett~3. Professor of Pohtical Science (I~etlred) September 30, 1985
President University of TexaS at Arhngton
Arlington, Texas~ x)
Neta Stallings Vice President, Fwst State Bank September 30, 1986
Vice President of Denton, Denton, Texas~3~
Nathan L. Robmett President, First City National Bank, September 30, 1986
Secretary/Treasurer Arlington, TexasC ~
Dr. Wayne Duke V~ee President for Student Affairs September 30, 1985
Umvevsity of TexaS at Arhngton
C~°x~, Arhn~ton, Texas~
Gary President, Texas Comme~e Bank - September 30, 1986
Arlington, Arhngton, TexaS~
-24-
Melvin Gouge Director of Finanoml Aid September 30, 1985
North Texas State University
Denton, Texas~ x)
Governor Jackson Director of Financial Aid September 30, 1986
Texas Woman's Umversity
Denton, Texas(x)
Miehael D. Grandey Vice President/Cashier September 30, 1985
U S Bank, Denton, Texas(2)
Ray A. Meyer~') Director of Admissions July 31, 1985
Executive Secretarial School
Dallas, Texas
~ ~' Eli{pble Institution
(2 ~ Eligible Lender
¢{> Also serves as a member of the Board of Du'ectors of the Servicing Agent
¢4) Advisory Director
Service Area
1 The Authority operates its Student Loan Program pursuant to a Plan of Doing
Business, adopted by resolution of its Board of Directors, which establishes the
Authorlty's criteria for Eligible Lenders, Eliguble Institutions and Student Borrowers,
and wlueh may be amended by the Authority, so long as such amendments ?_o not~
contravene the Act or the Education Code Pursuant to the current Plan of Do~ u~.
mq.ss., the Authority purchases Student Loan Notes- - ~u~,~ ~_.-r. cwe,~___~_ ~,~
~..4~..' cf Dallas, Denton, Tar~ant, Archer, ~., T,~, mo,rt_o__n_,
barger, Young or W~ehita counties (the "Service Area") ~r ~,d ~ .~,:.'.'c
All Student Loan Notes to be held under the Indenture have been
originated by Ehgible Lenders loeated within the Authorlty's Service Area and have
been made by Student Borrowers who are residents of the Service Area or who
~. attend or have attended Ehg~ble Institutions located w~thln the Service Area
Lenders ~0~ 1
Acourdiug to information furmshed by TGSLC,~o rmancla institutions m the
Service, Area are qualified under the Act, hold Contracts of Insurance (the
"Contracts of Insurance") with the Secretary, and hold Lender Participation
Agreembnts (the "Lender Participation Agreements") w~th TGSLC allowing Student
Loans originated by them to be guaranteed by TGSLC
Institutions
The following Eligible Institutions in the Service Area are among those which
qualify under the current Plan of Doing Business
The University of Texas at Arhugton Southern Methodist University
Tarrant! County Junior College University of Dallas
Texas Wesleyan College University of Texas at Dallas
ooos~ -25-
Texas Ch~isttan Umverstty Dallas Institute of Mortuary Science
North Texas State University University of Texas Health
Science Center at Dallas
Dallas County Community College Executive Sceretarlal School
Bmhop College Bauder Fasluon Institute
Texas Woman's University Br~an Institute
Arlington Baptist College Dallas Fashion and Art Institute
Texas College of Osteopathic Mecheine Video Teehmeal Institute
Mldwestern State Umvers~ty American Trades Institute
Baylor Colle{~e of Dentistry Control Data Institute
Baylor University School of Narsmg Fort Worth School of Business
Dallas Baptist College DeVry Institute
Dallas Bible College Texas College of Mecheal & Dental
Assistants
Dallas Christian College Texas Institute
Northwood Institute of Texas Miss Wade's Fasluon Merehanchsmg
Institute
The Act provides that an Ehgtble Institution may make Student Loan Notes
which quahfy for insurance under the FISL Program or the guarantee under the GSL
P~ogram chreetly to Student Borrowers
Purchase of Student Loan Notes by the Authority
Any Eligible Lender w~thin the Service A~ea whleh has a Contract of
Insurance and a Lender Participation Agreement may part~cipate in the Student
Loan Pr0g~am by (1) expressing an intent to develop a portfolio of Student Loan
Notes for sale to the Trustee on behalf of the Authortty, and (2) executing a loan
purchase commitment ("Loan Purchase Commitment") wuth the Authority. The Loan
Purehase Commitment obhgates the Tr~tstee on behalf of the Authority, to purchase
Student Loan Notes from an Ehg~ble Lender on a certain date up to the m~ximum
amount specified therein
After an Ehg~ble Lender has applied for and received a guarantee
commitment from TGSLC for each Student Loan Note, the Eligible Lender will
transmit a cheek or cheeks, made payable to the Student Borrower, to the Eligible
Instltutmn Forty-five days prior to the date on which Student Loan Notes are to be
purchased (the "Loan Acquisition Date"), an Eligible Lender will notify the Servicing
Agent of the antual amount of Student Loan Notes offered by it for aeqmsltlon on
such Loan Acquisition Date and the Authority will execute a loan purchase
agreement (the "Loan Purchase Agreement") which w~ll instruct the Trustee to
anqmre the speeif~ed Student Loan Notes, following a review thereof for eomphanee
with the terms of the Plan of Doing Business and the terms of the Loan Purchase
Agceement.
All purchases of Student Loan Notes made pursuant to the Loan Purchase
Commitment will be made by the Tnmtee, on behalf of the Authority, subject to the
terms of the Loan Purchase Agreement. Such Loan Purchase Agreement
contain representations, guarantees and warranties of the Lender, including among
others, that the Student Loan Notes offered for sale to the Authomty have been
mcur~d and are m eomphance with all applicable State and Federal laws and
O00S~
-2~-
regulations, and the then current Plan of Doing Business Upon receipt of such Loan
Purchase Agreement and the Student Loan Note doeumentatiun, the Trustee will
make payment to the Eh~ible Lender on the Loan Aeqmsitiun Date
Student Loan Notes are acquired at a price equal to 100% of their principal
amount, on a quarterly basis At the option of the Eligible Lender, and upon
approval by the Authority, purehases may be made more frequently.
Following the purchase of the Student Loan Notes, the Servicing Agent is
responsible for the servicing, eollentmg, accounting and reporting functions required
under the Act to preserve the guarantee of TGSLC or the insurance of the Secretary
on the Student Loan Notes
Summary of Previous Issues
In Jane, 1979, the Authority issued its Series A Bonds m the aggregate
principal amount of $10,000,000 In October, 1980, the Authority issued its Series B
Bonds m the aggregate principal amount of $6,000,000 In March, 1982, the
Authori]~y issued its Series 1982A Bonds in the aggregate principal amount of
$11,84 ~.5~000 to refund the outstanding Series A and Series B Bonds and to acquire the
~ amount outstanding of the Student Loan Notes purchased thereunder
(_$_1_3,_27_1,,?1_2_.18) In May, 1982, the Authority issued its Series 1982B Bonds in the
aggregate principal amount of $25,000,000. In August, 1983, the Authority issued its
Series 1983A Bonds and Series 1983B Bonds in the aggregate principal amount of
$25,000,000 per series
The following is a tabulation as of March 1, 1985, of Student Loan Notes
owned by the Authority.
SERIES A
Deposited to
Student Loan Actual
Date Acquisition Fund Purchase
8/27/79 $8,445,550 80
12/31/79 $ 1,287,367 00
3/31/80 1,201,141 50
6/30/80 815,174.00
9/30/80 3,327,067 36
12/31/80 1,814,800.94'
$8,445,550 80
OOOS~
-27-
SERIES B
Depomted to
Student Loan Actual
Date Aeqmmt~on Fund Purchase
10/02/80 $5,430,000.00
12/31/80 $ 2,177,032.06'
3/31/81 1,475,960 25
6/30/81 1,131,659.50
9/30/81 275,353 50
12/31/81 96,161.34
3,000.00
1/29/82 $ 5,159,166.65
SERIES 1982 A
Depomted to
Student Loan Actual
Date Aeqmsit~on Fund Purchase
3/30/82 $300,000 00'*
9/30/82 $ 299,998 95
SERIES 1982 B
Deposited to
Student Loan Actual
Date Aeqmmt~on Fund Purchase
3/31/82 $ 42,860 00'**
5/25/82 $21,443 667 97
6/30/82 3,540,267 54
9/30/82 2,082,971.16
12/31/82 3,803,403 38
3/31/83 2,734,805 97
6/30/83 2,330,943 35
9/30/83 2,089,590 00
10/31/83 795,669 46
1/03/84 1,558,708 49
2,758,398.00
1/31/84 $ 21,737,617.35
-28-
SEP~IES 1983 A
Deposited to
Student Loan Actual
Date Aeqmmt~on Fund Purchase
10/31/83 $22,114,678.31 $ 34,540.00
1/31/84 459,062.00
4/30/84 2,521,904.70
6/7/84 194,175.00
7/31/84 1,330,316.42
9/21/84 130 41
10/31/84 1,370,313.03
11/20/84 19,071.24
12/7/84 22,425.00
1/2/85 -0-
1/31/85 2,421,065.31
$ 8,373,003.11
SEI{IES 1983 B
Deposited to
Student Loan Actual
Date Aequis~tion Fund Purchase
10/31/83 $22,114,678 31 $ 37,296.00
1/31/84 454,706 00
4/30/84 2,708,341 10
6/7/84 -0-
7/31/84 1,336,178.78
9/21/84 3,750 O0
10/31/84 1,355,989 31
11/20/84 -0-
12/7/84 76,803 12
1/2/85 261,102 00
1/31/85 2,140,166 84
$ 8,374,333 15
* Purchases on tlus date were made from both the Semes A and Series B Student
Loan Funds.
** Funds remaming after refunding of both Series A and Semes B
*** Loans purchased for the authority m anticipation of the bond msue from funds
remaming after the refundmg
Clmms Summary
For a summary of the Author~ty's msurance claims expermnce on Student
Loan Notes see Appendix~
0005~
THE HIGHER EDUCATION SERVICING CORPORATION, INC.
The Sevweing Agent m a private nonprofit corporation orgamzed under the
Texas Non-Profit Corporation Act in September, 1978, to prowde Texas Higher
Edueation Authoritms with student loan billing and serwcmg, and to provzde
headqua~t_ ers and administrative support servines to such anthomt~es in adchtlon to
the Authority, the Servicing Agent is currently under contract with East Texas
Higher Education Authority, ine., West Texas Higher Education Authority, inc.,
Southeast Texas Higher Education Authomty, Inc., and Texas Coastal Hgher
Edueatmn Authomty, inc. The Servicing Agent ~s headquartered m Arimgton, Texas
and is governed by a self-perpetuating seven member Board of D~rectors, all but two
of whom.are nominated by the higher edunatlon autho~tms w~th wluch the Servicing
Agent has servicing agreements The members of the Board of Directors are prod
$100 for .each meeting of the Board and for the reimbursement of expenses incurred
m connection with the business of the Serwning Agent. The present Board of
Directors is as follows:
Position Name Oceupatmn
1 President Marzon L. Jacob Director of Student Financial
A~d, Umversity of Texas at
Arlington
2 Vice Premdent L D. H~lton Vice President for Finance
Abdene Chrmt~an Umve~slty
3 Seeretaryfrrens Dr. Samuel Hamlett (1) Professor of Pohtmal Science
(Retzred), University of
Texas at Arlington
4 Director R M. Logan (2) Retired D~reetor Ememtus of
Student Fmaneml A~d, Texas
A&M Umverstty
5. Director Edward A Yopp (3) Executive V~ce President,
The MBank El Paso, N A, E1
Paso, Texas
6. Director Dr Jerry Lyt~e (4) Dweetor of Student Fmaneml
Aid, East Texas State
Umversity
7. D~rector Kras Anne Vogelpohl (5) Secretary, Southwest Medical
Assoeiat~on Avx~liary
(1) Also serves as a member of the Board of Dwectors of the North
Texas Higher Education Authority, inc
(2) Also serves as a member of the Board of D~rectors of the Southeast
Texas Higher Education Authority, inc.
-30-
(3) Also sewes as a member of the Board of Dweeto~s of the West Texas
Higher Education Authority, Inc.
(4) Also se~ves as a member of the Board of Directors of the East Texas
H~gher Education Authority, Inc.
(5) Also serves as a member of the Board of Dweetom of the Texas
Coastal H~gher Education Authority, Inc.
The eur~nt admuustmtive staff of the Ser~4emg Agent consists of nineteen
permanent full-t~me, one tempo~x'y full-time and sxx part-time employees. The
following ~s a brief deseriptiun of the qualifications of the professional staff.
Mike Bernard, Executive Di~eetor - Mr Bernard has been engaged m student
financial a~d administ~tion since 1973. In adchtmn to chreetmg the student
aid p~ogram for AustIn College In Sherman, Texas, and for Texas Wesleyan
College in Fort Worth, Texas, he has served as a t~e~ner for the Bureau of
Student Financial Assistance and consultant for the Texas Student Fmancml
Assistance Training Progx~un. He has served as chaxrman of various
eomm~ttees m state and ~eg~onal professional organizations Mr Bernard
holds a BBA Degree from Texas Teeh Umve~slty and an MBA Degree from
Southern Methodist Umversity.
Victoria 1~ Scott, Aeeount Executive - Ms Scott has been engaged m ingher
education administration since 1975 and m student financial cud
adm~mstrat~on since 1978. Her expe~enee has been in the areas of federal
need-based assistance programs and ~n the eoorchnatton and administration of
a mult~-faeeted scholarsinp program at the Umvers~ty of Texas at Arhngton
She has been active in state and ~egtonal profess~ona! organizations Ms
Scott holds a BA Degree from The Umve~slty of Texas at Arlington
Kenneth J Wallaee, Aceount Executive - Mr Wallace has been engaged in
higher education administration since 1969 His experience meindes d~reet~ng
a computer needs analys~s for a private college and teaching econom~('s at
the post-secondary level. He has been an active member of var~oas local,
state and national professional organizations Mr Wallace earned a BBA
Degree from MeMu~y College, and an MBA from Texas Tech UniverSity
Kathr~n Br~jan, Aecount Exeeut~ve - Ms B~yan has two years experience m
fmane~al a~d adminmtrat~on as D~reetor of F~naneial A~d for a business school
m the State with sole respons~b~hty for administration of the GSL program
Her background also includes 10 years experience m pubhe accounting and 2
years in higher education admimstrat,on She has been active m state and
~e~ional professional orgamzat~ons Ms Br~an holds a BS Degree, M~Degree
and MBA Degree from East Texas State Umvers~ty
Vield Bibb, Director of Accounting - Ms B~bb had s~x years' aeeoantmg
experienne with a non-prnfit organization prior to ]ommg the HESC st~ff m
1984. Her ~espons~bd~ties Included aeeonnt~ng for federally funded
programs Subsequently, she served as an ~nternal and~tor She is active m
10cai, state~ national and International professional organizations. She holds
a BBA Degree from Sangamon State Umve~s~ty
ooos~ -31-
Shirley Goretskie, Loan Aequisition Manager - Ms. Goretskae has worked w~th
student loan servicing and aeqmsition since joining Higher Education
Se~wieing Corporation m January, 1981 She has also served as Administrative
Assistant prior to her promotion to Loan Aequmlt~on Manager m January,
1984. Ms. Goretshe holds a BBA Degree from the Umversit¥ of Texas at
A~,lington.
Trieia R Stieben, Loan Servicing Manager - Ms St~eben began her earner
with Guaranteed Student Loans in 1980; prewously she was assoemted vnth a
eommereial lender for ten years. She was promoted to her present posit~on m
September 1984 after serving as Loan Serwemg Assistant for one and one
haft years. Ms. Stieben attended Conearcha Lutheran College and Texas
Wesleyan College maloring m finance.
THE TEXAS GUAI~ANTEED STUDENT LOAN CORPORATION
TGSLC is a nonprofit eorporat~on created pursuant to Chapter 57 of the
Education Code to function as the Guaranty Agency ~n Texas under the Guaranty
Agency Program estabhshed under the Art. (See "Appendix III - The Guaranteed
Student Loan Program ").
Board of Directors
TGSLC ~s governed by a board of directors composed of eleven members
The current members of the board of chreetors, the~ pr~ne,pal occupations and term
of off~ee ave as follows
Name Pos~t~on Oeeupat,on Term Expwes
George Crews (1) Chawman President, Bedford January 31, 1985 (5)
National Ba~k, Bedford,
Texas
Sturley B~nder (1) V~ee Chairman D~rector of Admissions January 31, 1987
and Assistant V,ee
President for Student
Affairs, Umvers,ty of Texas
at Austm, Austin, Texas
W~lham Sehroeder (1) Secretary Attorney, Loekhart, Texas January 31, 1989
Gary Braner (1) Direntor D~reetor of Pubhe Affairs January 31, 1987
American Petrofma
Corporation, Dallas, Texas
Bob Bullock (2) Director Comptroller, State of Texas, Indef~mte
Aastm, Texas
Ross Crowe (3) Dn~eetor Student, Stephen F Austin January 31, 1987
Umvers~ty, Nanogdoehes,
Texas
O00S~
Larry E. Temple (4) Dn~ector Attorney-at-Law, Anstln, Indefinite
Texas
Hulen Davis (1) Dn~eetor P~ofessor of Poht~eal January 31, 1989
Smenee, Prat~le V~ew
A&M, Prairie V~ew, Texas
J.G. Garda (1) Director P~es~dent, Valley Federal January 31, 1985 (5)
Savings & Loan, MeAllen,
Texas
John Sehott (1) Director V~ee P~esident January 31, 1989
State Bank and Trust
Company, San Mareos,
Texas
Dr John C. Stevens (1) D~ector Chancellor, Ab~lene January 31, 1985 (5)
Christian Umvevs~ty,
Ab~lene, Texas
(1) Appointed by the Governor of the State of Texas
(2) Appointed in h~s capacity as Comptroller of Pubhc Accounts of the
State of Texas.
(3) Appointed by the Texas Commissioner of H~gher Education
(4) Appmnted by the chairman of the Coordinating Board, Texas College
and Umvars~ty System
(5) Se~ves antd reappointed or m~t~l a new appointment ~s made by the
Governor.
The D~reetors of TGSLC serve w~thout compensation, except for the
reimbursement of ~etuai expenses me.fred m connection w~th business of TGSLC
Management and Operations/~-~
The TGSLC staff consists of apprommatel~-llS~mployees. The management
of the business and affairs of TGSLC ~s vested m~__~LExeeutlve D~reetor Effective
May 1, 1980, the Board of D~eetovs employed Mr Joe MeCarm~ek as the Executive
DweetoC to initiate and carry out a plan of ~mplementatmn Mr MeCovm~ck has
previously served as Director of Seholarslups and Fmaneml A~d at the Umvers~ty of
Houston for one and one-half years, Dweetor of Fmaneml A~d at M~ss~ss~pp~ State
Umverslty for e~ght years and as Director of Fmaneml Aid at Oklahoma State Teeh
for two years. Mr MeCorm~ek has also served as President of the National
Association of Student F~nanem! A~d Administrators and as Chairman of the panel of
conferees foe the U S. Deputy Secretary of Education on review and ~mprevement
of the Federal Financial A~d Delivery System He ~s currently President Elect of
the National Councd of Higher Education Loan Programs
ooose -33-
TGSLC is authorized to preseribe the terms and conditions under whmh
Student Loan Notes will be guaranteed by TGSLC in the State of Texas. TGSLC vail
guarantee Student Loan Notes made to Student Borrowers by lenders such as banks,
erecht unions, savings and loan assoeiat~ons, penmon funds, ~nsuranee eompames,
educatmnai instttutmns, and certain state agencies operating a GSL Program upon
eomphanee with said terms and eonditions. TGSLC entered into an a~eement with
the Secretary on November 21, 1980, for reinsurance ~gutnst losses on Student Loan
Notes under ~ts program due to the Student Borrower's death, default, total and
permanent disabiht¥ or bankruptcy. Untd September 30, 1985, TGSLC will be
eligible for 100% federal reimbursement regardless of Its default rate, and
thereafter its peroentage of fede~l reimbursement at any time will be determined
by. its then current annual default ~te, but shall not be less than 80% Sunh
percentage shall be paid to ?GSLC according to the fuilowmg schedule
Annual Default Rate (1) Federal Rmmbursement
0% to less than 5% - 100%
Equal to or greater than 5%, - 100% of claims up to 5%
but less than 9% and 90% of claims equal to
or greater than 5% but less
than 9%
Equal to or greater than 9% - 100% of claims up to 5%, 90%
of elmms equal to or greater
than 5% but less than 9% and
80% of claims equal to or
greater than 9%
(1) Annual default rates for purposes of the appheat~on for federal
reinsurance are calculated by &wdmg default claims for the year by the original
guarantee amount of loans ~n repayment at the beginning of the year
Smee the first student loan guarantee was msued m January, 1981, a total of
5,980 eleams have been pa~d, as of February 28, 1985 as follows
~ # Amount _~ Amount
Death/Dmab~hty 19-7 $ 6587,256.62 3 $ 7,879 88
Bankruptcy 121 344,844.37 1 436 24
Default 5637 13t491,552 69 21 56,576 14
Total s95__ 5
TGSLC is anthar~zed to ~mpose and intends to collect insurance premiums from the
Student Bo~owers m an amount not to exceed one percent per year of the prmelpai
loan amount outstanding pro}cereal for the "in school" pemod plus twelve months.
Reserve Fund
The Education Code prowdes that TGSLC shail estabhsh a reserve fund into
wl~eh all moneys received by TGSLC shail be deposited. W~tlun such reserve fund,
TGSLC is required to establish an operating aneount and a guarantee aneount.
ooos~ -34-
TGSLC may establish other accounts in the reserve fund as reqmred or permitted by
law. (In its financial statement for the year ended June 30, 1982, included hereto as
Appendix II, TGSLC has denominated the operating account and the guarantee
account ~s the "operating fund" and "guarantee fund," respectively )
The Education Code provides that insurance premaum receipts, administrative
eust allowance receipts, collections on defaulted Student Loan Notes held by
TGSLC, and investment earnings on the guarantee account earned prior to
September 2, 1983, shall be deposited m the operating aeeount Moneys m the
operating account may be used to meet administrative and operating expenses
The Education Code provides that federal money advanced for the purpose of
establishing or strengthening the reserve fund shall be depomted to the guarantee
account, together with excess earporate earnings, eontr~butinns, gifts, grants,
federal .reinsaranee receipts and investment earnings on the guarantee ancount
earned after September 1, 1983. The Education Code does not set a mimmum
amount which must be on deposit m the guarantee account However, TGSLC by
resolution of its board of dn~eetors, has estabhshed a polacy whereby the guarantee
account w~ll be funded m an amount equal to 1.5% of the outstandang and dasbursed
principal amount of Student Loan Notes which ~t has guaranteed. As of June 30,
1983, the outstanding and dmbursed principal amount of such guaranteed Student
Loan Notes was $262,336,526 and the guarantee account was funded m an amount
equal to.$4,178,9§0 (including $1,069,159 m Federal advances)
Prior to delivery of the Bonds, TGSLC will enter rotc substantaally sunflar
agreements (the "Guarantee l~eserve Agreement") wath Catabank and the Trustee,
whereto TGSLC, among other tinngs, agrees to maintain m the guarantee account,
as of any date while the Student Loan Notes are outstanding, an amount equal to
1 5% of the unpaid principal amount of all Student Loan Notes wInch ~t has
guaranteed. Additaonally, TGSLC covenants to maintain the "Agreement for
Federal P~emsurance for Loans" and the "Supplemental Guaranty Agreement for
Federal'Reinsurance of Loans," both with the Secretary, whereby TGSLC m entitled
to a maximum of 100% reimbursement for moneys paad with respect to guarantee
claams on Student Loan Notes TGSLC has entered into substantially similar
Guarantee Reserve Agreements in connection vath each series of bonds issued by
Texas Hagher Educataon Author~tms sance April, 1982
There nan be no assurance that amounts in the guarantee account will be
sufflcaent to meet the claims of Eh{pble Lenders or that suffmmnt funds vail
otherwme be available to TGSLC to meet future operataonal needs and guarantee
obhgutlons.
Miscellaneous
Liabditaes created by TGSLC are not debts of the State of Texas and TGSLC
may not secure any liab~hty with funds or assets of the State except those funds
that have been approprmted and such funds as may m the future be appreprmted by
law.
The information contained in tins section, mcindmg financial mformatiun, has
been supplied by TGSLC and has not been verified by the Authority or the
Underwriters. No representataon is made he,em as to the accuracy or adequacy of
-35-
such information ur as to the absence of material adverse changes in sueh
reformation subsequent to the date hereof. (See AppendLx II - "Financial Statement
of TGSLC.")
SUMMARY OF CERTAIN PROVISIONS OF THE SERVICING AGREEMENT
AS a eonchtion to the delivery of the Bonds, the Authority and the Trustee
w~li enter Into the Servicing Agreement with the Higher Education Sememg
Corporation, Inc. A summary of certain prowmons of the Sememg Agreement is
set forth below.
Term
The ServicIng Agreement is In the nature of a personal serwees eontvaet and
~s subject to cancellation by the Authority, the Trustee or Servicing Agent upon
not~ee and the appointment of a suneessur Servicing Agent winch satisf~es the
~eqmrements of the Act, the Indenture and the Education Code. The Authority or
the Trustee may not terminate the Sew~emg Agreement or amend, mo&fy or waive
certain provisions of the Servicing Agreement, as specified thereto, without the
prior written consent of Citibank, unless such amendment m ~eqmved by an
amendment to the Act or the Edueatmn Code. The Ser~uemg Agent may terminate
the Servicing Agreement at any time for non-payment of sewiemg fees, and a
successor Servicing Agent wall be appointed m accordance with the terms of the
Serwemg Agreement. Furthermore, the Authority has covenanted ~n the
Commitment Agreement to provide sevwemg of the Student Loan Notes through the
Servicing Agent or another entity approved by C~tlbank throughout the period that
the Student Loan Notes a~e held under the Indenture and for a per~od not to exceed
one year following the acqmsition of the Student Loan Notes by Citibank The
Sevwemg Agent has agreed to sevviee Student Loan Notes for a period of one yea~
following the aeqmsit~on of such Student Loan Notes by C~tibank m accordance with
the te~ms of the Serweing Ag~ement
Duties of the Servicing Agent
The Sew~emg Agent will perform duties regarding Student Loan Note
servicing, collecting, ancountmg and reporting, and, in addition, will provide
adm~mstrat~ve support services for the Authority
Method of Sewielng Student Loan Notes
The Servicing Agreement eonta~ns detailed provisions relating to the
serwemg of the Student Loan Notes, including provisions regarding reeurdkeepmg,
collection of Student Loan Notes and making insurance or guarantee claims In
adcht~on to the detmled provisions of the Servicing Agreement, the Servicing Agent
has agreed to comply with the "Manual for Lenders" under the FISL Program
prepared by the Secretary and the "Procedures Manual" established by TGSLC under
the GSL Program. The Trustee or the Authority may reqmre the Servicing Agent to
change its procedures under the Servicing Agreement if the Trustee or the Authority
finds a change is required to comply w~th the Act, subsequent publications of the
"Manual for Lenders" or the "Procedures Manual", written advice from the Secretory
or the rules, ~egulations or other criteria of TGSLC.
0005~
Sememg Agent Duties - Subcontracted
Pursuant to the Serwelag Agreement, some of the duties ~mposed upon the
Serwcmg Agent may be subeontraeted to another party and be assumed by such
other party, subject to the approval of the Authority and the Trustee, but m no
event Mall any subcontract relieve the Servicing Agent of the primary
responsibilities assumed under the terms of the Serviemg Agreement in the event
such sube0ntmotor does not timely and lawfully perform its contractual obhgations
If a subcontract is entered into, the subeontraetor will be requu-ed to comply w~th
all applicable terms and conditions of the Servicing Agreement.
The Servicing Agent has entered into a semelng contract w~th Waehovm
Services,, Inc. of Winston-Salem, North Carolina CWachowa") under wiueh Waehowa
will perform certain servicing functions for the Servicing Agent, including eollectinn
antimuties for and receipt of principal and interest payments made on Student Loan
Notes; performing "due diligence" in aneordaace with the Manual for Lenders and
the Procedures Manual; providing data used m the preparation of requests for
payment of all Interest Subsidy Payments and Spec,al Allowance Payments and
various weekly and monthly repe~ts, including delinquency reports and loan summary
reports relat, ng to repayment frequency, status, past due analysis and deferment
analysis., processing certifieates of deferment, death, dlsabdlty and forbearance
(extension) in accordance with the Servicing Agent's instructions, prowdmg initial
training for ail staff to explain input data preparation and output records
mterpretat,on and usage and various other duties related to the servicing of Student
Loan Notes.
Compensation
Initial Fee. The Authority shall pay $ to the Servicing Agent for
certain costs incurred and services rendered in connection with the issuance of the
Bonds
Administrative Support Services As compensation for providing
administrative support services under the Indenture and the Servicing Agreement,
the Servicing Agent will receive from the Authority a monthly payment of
$ on the first day of each month in advance
Student Loan Note Servicing. In addition, as compensation for providing
Student Loan Note servicing, collecting, reporting and accounting actiwtms, the
Serwcing Agent wili receive from the Authorit.y on a graduated basis' (1) a fee for
each Stqdent Loan Note for the initial set-up, (2) a fee monthly for each Student
Borrower m "school" status, (3) a fee monthly for each Student Borrower in "grace"
status; (4) a fee monthly for each Student Borrower m "repayment" status, and (5) a
monthly .fee for each Borrower in "deferred" status. Such fees currently range on a
per note or per borrower basis from $1 10 to $2.35.
The compensation payable to the Servicing Agent will be reviewed, at a
mimmum, duviag the month of August each year. If the Servicing Agent is reqmred
to perform additional services beeaase of a change m applicable laws or regulations,
the compensation of the Servicing Agent will be ad]nsted The Servicing Agent will
be separately compensated for any serwces provided to the Authority in connection
with student Inan programs under other Indentures.
O00S~
Amendment
The Semrleing Agreement may be modihed by the parties, however, certain
seetwus of the Serwemg Agreement may not be changed or mothhed w~thout the
approval' of the Trustee and Citibank with respect to curtain matte~, unless such
ohanges or modifioatious are roquired by the Aot ur the Eduoat~un Code.
Indemmty
The Authority has agreed pursuant to the Semomg Agreement to hold the
Ser~nom{~ Agent harmless for any ~uarantee ola~m winch the_.S.e.o~ta~.y, or~ TG~SLC
shall retuse to pay because of a failure on the part of the ~:ng~ole ,.euner from
which a Student Loan Note is purchased to exercme due dihgence in making the
Student Loan Note. The Authority has also agreed to hold the Servicing A~ent
harmless and will indemnify the Semrleing Agent ~geinst all claims, except nlaims
arising out of the Serweing Agent's own gross negligence or that of its sub-agents
and claims which ar~se out of unauthorized acts or acts not w~tinn the scope of the
Ser~nemg Agreement
SUMMARY OF CERTAIN PROVISIONS OF THE INDENTURE
The Indenture estabhshes unthin each Fund (except the Bond Proceeds
Clearance Fund) created thereunder an account with respect to each ser~es of the
Bonds. Both such series accounts within a Fund are treated mdent~ealiy and are
subject to the same terms and eonditwns Therefore, the following ~s a summary of
certain prowslons of the Indenture as such provlsmns apply to a s~ngle ser~es of the
Bonds However, reference is sometimes made to the ser~es for the purpose of
nlarif~eation Moneys and other properties held under the Indenture unth respect to
one semes of Bonds may not be commingled w~th the Trust Estate estabhshed for or
used to satisfy any obligation recurred m eounechon w~th the other series of the
Bonds This summa~j is qualihed m all respects by reference to the Indenture which
cont/unS a complete description of all of the terms and conditions pursuant to which
the Bonds are issued. Copies of the indenture are available from the Authority
Establishment of Funds
The Indenture estabhshes the following Funds for the application of Bond
proceeds or Revenues, all of winch shall be held by the Trustee the Bond Proceeds
Clearance Fund; the Investments Fund; the Reserve Fund, the Interest Fund, the
Student, Loan Fund; the Student Loan l~epayment Fund, the Bond Redemption Fund,
the S..urplus Fund; and the Program Commitment Fund The Indenture also reqmres
that the Authority estabhsh an Operating Fund with ~ts depository bank Neither
the PrOgram Commitment Fund nor the Opuratmg Fund are part of the Trust
Estates,estabhshed for the Bonds.
Bond Proceeds Clearance Fund
The proceeds from the sale of the Bonds w~ll be deposited into the Bond
Proceeds Clearanoe Fund and will be chsbursed by the Trustee pursuant to Authority
Order. Moneys In the Bond I~oceeds Clearance Fund will be used only for the
following purposes: (a) to pay the oust of issuing the Bonds, which costs will be
bruited,to (i) the fees and expenses of the financial advisor of the Authority, (n) the
0005~
fees and expenses of attorneys, (iii) the fees and expenses of the Tz~stee, (~v) the
oost of printing, (v) the fees and expenses of soeountants, (w) the fees of the rating
~genoy, (vii) the onst of preparation of Cash Flow Projeotmns, (yin) the fees and
expenses of the Serviomg Agent m oouneotmn w~th the Bonds, (L~) the travel
expenses of offine~s and Direotors of the Authozuty inou~ed m ounneotmn w~th the
z~tmg of the Bonds and olosmg, (x) the insuranoe p~emiums w~th ~espeot to an
msuranoe pelloy winoh insures the p~vment of the prmo~pal of and interest on the
Bonds, (~t) and expenses ~eqtured to be paid or reimbursed under the Bond Pu~ohnse
A{p~eement and (xii) the tmtial oomm~tment fee and the expenses due under the
Commitment Agreement; (b) to deposit an amount equal to the estimated
Mamten~noe and Operating Expense for the next suooeedtng six month period into
the anoount of the Operating Fund; (o) to deposit rote the Pregr~m Commitment
Fund an s~nount whioh, together with interest e~rmngs thereon, will equal the
ben,nee of the oommltment fees required to be paid under the Commitment
AKeeement, and (d) the remainder of the Bond Preoeeds w~ll be deposited rote the
Investments Fund. (See 'seuroe and Apphoation of Funds.")
Moneys depns~ted rote the Investments Fund w~ll be used to purohase
permitted investments. Suoh investments and oash, if neoessary, shall be tr~ansferred
free to the Reserve Fund m the amounts and m the manner desor~bed below The
remauung investments and oash, if any, shall be transferred free to the Student
Loan Fund.
Reserve Fund
The Reserve Fund shall be funded w~th oash and investment seour~tms of a
fane or par amount (other than purchased aoocued ~nterest, premiums and d~sooants,
if any, on purchased investments) equal to one year's interest on the Bonds If two
(2) days prior to the next interest payment date the cash and investments m the
l~esecve Fund ave less than the amount originally deposited thereto, such cash and
~nvestments shall be restored to that amount to the extent funds are available m the
Student Loan Repayment Fund Money in the Reserve Fund w~ll be applied by the
Trustee to m~ke up any deficiency m the Interest Fund Amounts m the 1~eserve
Fund wall also be transferred to the Bond Redemption Fund ~f prowslon ~s being
made for the final payment of the principal of and interest on the Bonds
Pre,cam Commitment Fund
The Program Commitment Fund w~ll be m~t~ally funded ~n an amount which,
together with interest earnings thereon, will equal the amount necessary to pay the
commitment fees ~equired to be paid to C~tlbank on Au~st 1, 1984 and August 1,
1985 In the event the Commitment Agreement is terminated or reduced prior to
August 1~ 1985, the Trustee shall, upon Authority Order, transfer the amount of any
excess fees to the Student Loan 1~epayment Fund estabhshed under the Indenture.
Any moneys remaining in the P~ogram Commitment Fund on August 1, 1985,
following the payment to C~tlbank of the fees due on sueh date, shall be
automatically transferred on such date by the Trustee for deposit to the Student
Loan l~epayment Fund.
Investment income wtth respect to moneys deposited m the Program
Commitment Fund shall be held in such Fund pending the use thereof for the
purposes of such Fund
ooos~ -39-
Student Loan Fund
Moneys in the Student Loan Fund wnll be used by the Trustee to purchase
Student Loan Notes from Eligible Lenders, as dwected by the Authority Until the
Commitment Amount has been reanhed, the Authority may only chrect the Trustee
to purchase Student Loan Notes which qualify for purchase by Citibank, N.A.,
pursuant to the Commitment Agreement. Thereafter, the Authoraty may dLvect the
Trustee to acquire Student Loan Notes winch quahfy for purchase under the
Commitntent Agreement in all respects, except for the date of purchase. Student
Loan Notes may be sold by the Trustee upon receipt by the Trustee at the t~me of
such sale of (1) an order from the Authority dn'eeting that the Student Loan Notes
be sold to an eligible lender or the Student Loan Marketing Association (or its
successor) and (2) a certificate signed by the President of the Authority to the
effect that either (a) the Student Loan Notes ave to be sold to an eligible lender
under the Act at a price equal to par pins accrued interest for the purpose of
consohdation with a note or notes of the same Student Borrower or under the
Commitment Agreement or for the purpose of defeasmg the Bonds or (b) a cash flow
proieetiun has been filed with the Trustee, and (3) a certificate of AMBAC
approvm{~ such sale; prowded, however, no cash flow projection or certificate of
AMBAC will be required if the Student Loan Notes are being sold under the
Comuntment Agreement or for the purpose of consolidation w~th a loan or loans of
the same Student Borrower or for the purpose of defeasmg the Bonds The proceeds
of any such sale shall be deposited in the Student Loan Fund if received prior to the
last date on wlueh Student Loan Notes purchased by the Authority qualify for
ptwehase under the Commitment Agreement, and otherwise to the Student Loan
Repayment Fund.
Interest Fund
Accrued ~nterest received from the sale of the Bonds w~ll be deposited m the
Interest Fund Two (2) days prior to each interest payment date, if the amount on
deposit in the Interest Fund is insufficient to make such payment, the Trustee will
cause moneys to be transferred to the Interest Fund, first from the Student Loan
Repayment Fund, then from the Surplus Fund, then from the Reserve Fund and then
from the Student Loan Fund m an amount sufficient to pay interest on the Bonds as
the same becomes due.
Student Loan Repayment Fund
All Revenues (except investment earnings on moneys held m the Program
Commitment Fund) will be deposited to the Student Loan Repayment Fund, except
and to the extent that Revenues are deposited to the Student Loan Fund from the
sale or other dispostt~un of Student Loan Notes us described above. All interest
income from Funds, other than the Operating Fund, shall be deposited to the Student
Loan Repayment Fund. Moneys in the Student Loan Repayment Fund will be kept
separate and apart from other Funds or accounts and transfers will be made from
the Student Loan Repayment Fund to the following Funds m the order of priority
md~eated:
(1) To the Operating Fund, to pay the Maintenance and Operating
Expenses of the Student Loan Program. The amount to be deposited rotc the
Operating Fund will be determined by the Authority, but m no event shall the
0005~
amounts deposited m the Operating Fund cause the total amount of such deposzts for
any fiscal year of the Authority (the "Fiscal Year") to exceed the amount budgeted
as Maintenance and Operating Expenses for such Fiscal Year. Ten (10) days prior to
each Febreary 1, and August 1, begiunmg on the date which fwst occurs after
dehvery of the Bonds, or at any time in ogler to meet expenses which have been
incorporated in its budget or an amended budget, the Authority may requisition f~om
the Trestee for deposit to the Operating Fund an amount which as unticzpated to be
required Itc pay Maintenance and Operating Expenses for the following sxx-month
pemod, except with respect to the period beginning February 1, 1986, wlueh shall be
for a seven month pemod. The Authority may defer such requm~t~on if ~t determines
that fun& are not then needed. The Operating Fund vail be held by the depes~tory
bank of the Authority.
(2) To the Interest Fund, an amount sufficient to pay the interest on the
Bonds as it becomes due. The required transfers to the Interest Fund will be made
two days prior to each interest payment date.
(3) To the Reserve Fund, the amount reqmred, ff any, to restore the
l{eserve Fund to the amount reqmred to be on deposzt thereto Any such required
transfers will be made two days prior to each interest payment date
(4) To the Student Loan Fund two days prior to each interest payment
date prior to September 1, 1986, as follows.
(a) An amount which together w~th (~) the moneys determined to
be then on depemt m the Student Loan Fund and (n) the pmnclpal amount of
the Student Loan Notes held by the Trustee as equal to and not in excess of
the Commitment Amount as set forth in the Commitment Agreement, and
(b) Such additional amounts as determined by the Authomty,
prowded (i) an Authomty Order m supphed to the Trustee stating that the
appheat~on of such money w~II not lmpaw the ability of the Authority to pay
the principal of or interest on the Bonds as the same become due, (n) a
schedule is supplied to the Trustee by the Authority showing that the lower of
cost or the current market value of investments (without regard to accrued
interest) and cash, ff any, m the Reserve Fund equals the amount originally
deposited therein and (m) a schedule as supplied to the Trustee by the
Authority indicating that the antm~pated liquidated value of the Reserve
Fund at the maturity of the Bonds wall not be less than the amount omgmaliy
deposited therein and a certificate of AMBAC approving such schedule
(5) To the Surplus Fund, any balance remaining m the Student Loan
Repayment Fund after the deposits reqtured or permitted in (1) through (4) above
have been made. Money in the Surplus Fund may be transferred to any other Fund
cveatedl by the Indenture or may be used to purchase Bonds m the open market at a
price of not more than par plus accrued interest, prowded an Authority order m
supplied to the Trustee stating that the apphcat~on of such money will not lmpaw
the ability of the Authorzty to pay the principal of or interest on the Bonds as the
same become due. Investments of moneys held in the Surplus Fund for innger than
thirty (30) days shall be restricted to a yield not exceeding the yield on the Bonds.
-41-
Bond Redemption Fund
Money is to be transfer[red to the Bond Redemption Fund by the Trustee upon
the sale of the Student Loan Notes pursuant to the Commitment Agreement m order
to pro,nde an amount which, together with the amount in the Reserve Fund, will be
sufficient to pay the principal of and interest on the Bonds at maturity or to
purchase Bonds at a price of not more than par and accrued interest on the open
market in advanee of their maturity. Two (2) days prior to the maturxty of the
Bonds, moneys and investments from other Funds estabhsbed by the indenture
(except the Operating Fund) will be transferred to the Bond Redemption Fund.
investment of Funds
Moneys in any Fund held by the T~ustee may be invested m (1) chrect
obllgutions of, or obltgut~ons the prmmpal of and interest on which are
unconditionally guaranteed by, the United States of America, (2) bonds, debentures
or notes issued by the Federal Financing Bank, or (3) certifmates of deposit of banks
and savings and loan assomatlons insured by the Federal Deposit Insurance
Curporat~on ar the Federal Savings and Loan Insurance Curporatlon (or thew
sueeessors) prowded that the amount of any eert~heate of deposit ~n excess of that
covered by such insurance must be secured by a h~st and prior pledge of obhgat~ons
described ~n (1) and (2) above having market values of not less than 100% of the
excess In heu of making such investments, the Authur~ty may d~rect the Trustee to
place all or part of such Funds m its possession on ~nterest-beurmg t~me deposit (or
other sxmdar arrangement) w~th the eomme~eml banking ~nstltut~an surwng as
trustee under the indenture Such deposit or arrangement must be secured as
prowded in the Education Code, as from t~me to tune amended' to the extent the~
same are not insured by the Federal Deposit Insurance Corpuratelon or ~ts~
successor. Moneys held by the Trustee may be invested ~n such other investments as
may be permitted by law from time to t~me, prowded that the type and category of~)
sueh ~nvestments are approved by AMBAC
All moneys resulting from the maturity of the principal of the obhgat~ons m
wh~eh the moneys m such Funds are invested and the proceeds from the sale of such
obhgatlons wall be considered part of such respective Funds, and wall be used only
for those purposes for winch such respective Funds are estabhshed Ali interest
raceme from Funds that are subject to the hen of the Indenture wall be depes~ted m
the Student Loan Repayment Fund and wall be used only for the purposes for which
the Student Loan Repayment Fund xs esta~ohshed
At least sixteen (16) calendar days pr~ur to any interest payment date the
Trustee will evaluate the moneys available to make the reqmred deposits to the
Funds established by the indenture. If at such tune the Trustee determines that the
moneys available to make the reqmred deposits are msufhment for the respective
purposes for which the Funds were estabhshed, the Trustee wall sell to the extent
pess~ble such amount of securities as may be reqmred to meet such def~mency or
antimpated def~mency. Not,ce of any such sale w~ll be given to the Authur~ty and to
AMBAC fifteen (15) calendar days pr~ur to such sale
ooo~ -42-
No Arbitrage Covenant
lw the Indenture, the Authority covenants that ~t will nmther use the proceeds
of the B~nds nor invest any funds on deposit under the Indenture so as to cause the
Bonds to become "arbitrage bonds" within the meaning of Section 103(c) of the
Internal l{evenue Code of 1954, as amended.
Defaults and Remedies
The Indenture defines the following as "events of default" w~th respect to
eanh series of the Bonds:
(a) default in the due and punctual payment of Interest on such se~es of
the Bonds;
Co) default m the due and punctual payment of the prmmpal of such
series of the Bonds at thew maturity;
(e) default m the performance ur observance of any other of the
covenants, agreements or conditions on the part of the Authority to be kept,
observed and performed as eontained m the Indenture or in the Bonds of such ser~es,
and the continuation of such default for a period of 90 days after written not~ce by
the Trustee to the President and Secretary of the Board, and
(d) the institution of bankruptcy proceedings, either voluntary or
mvoluntsry, under any state ur federal statute, whereby the Authority's duty to
carry out all the covenants and agreements ~n the Indenture might be m any way
affected.
Notme of an event of default by the Authority may be g~ven to the President
and Secretary, of the Board at the dmeretion of the Trustee, p~ovlded, however, that
notice sl~all be gwen ~f the Trustee m requested to do so by the holders of not less
than 20% in principal amount of the Bonds of any ser~es of the Bonds outstanding at
any t~me or by AMBAC
UNLESS AMBAC CEASES TO HAVE THE RIGHT TO DO BUSINESS IN
TEXAS, IS IN RECEIVEP~SHIP, BANKRUPTCY OR REORGANIZATION OP~ IS IN
DEFAULT AS TO THE POLICY PERTAINING TO SUCH SERIES, UPON THE
HAPPENING OF ANY EVENT OF DEFAULT, AMBAC WILL BE CONSIDERED TO
BE THE HOLDER OF 100% OF THE BONDS SOLELY FOR THE PURPOSE OF
DIRECTING THE ACTIONS OF THE TRUSTEE, IN THE EVENT THAT ALL OR
ANY PORTION OF THE PRINCIPAL OF OR INTEREST ON THE BONDS SHALL BE
PAID BY AMBAC, THEN SUCH PAYMENT, TO THE FULL EXTENT THEREOF,
SHALL OPERATE AS AN ASSIGNMENT TO AMBAC OF THE BONDHOLDERS
RIGHTS TO RECEIVE SUCH PRINCIPAL OR INTEREST.
Upon the happemng of any event of defanlt, the Trustee may, and at the
chreetion of the holder~ of 60% of the aggregate prinmpal amount of the Bonds then
outstan(hng will, take possession of the Funds established under the Indenture and
the Student Loan Notes and operate and manage such Funds and Student Loan Notes,
and, after the payment of the expenses of such operation, including compensation
for services of the Trustee, the rest and residue of the moneys received by the
O00SE
Trustee shall be apphed as follows: (1) m ease the prmeipai of none of the Bonds
shall have become due, to the pa~nent of interest m default, m order of the
maturity of the mstullments of such interest, w~th interest on the overdue
installments thereof at the same ~ates respectively as were borne by the Bonds on
winch such interest shall be m default, and (2) m case the principal of any of the
Bonds slmll have become due, by declaration ur other~rlse, first to the payment of
the interest in default, in the order of the maturzty of the installments of such
interest, with interest on overdue ~nstailments thereof at the same rates,
respectively, as were borne by the Bonds on which such interest shall be in default,
and next to the payment of the pff~ne~pai of all Bonds then due All such payments
under (1) and (2) shoJl be made ratably to the parties entitled thereto w~thout
chserimmation or preference.
Additionally, the Trustee may use any other approprmte legal or eqmtable
remedies which may be effective to protect Its rzghts and those of the holders of the
Bonds. Spee~fmally, such additional remeches include specific performance of any
covenant, condition, agreement or undertaking eontmned m the Indenture or m aid
of the execution of any power g~nted to the Trustee under the Indenture The
Trustee shall toke such actions if requested to do so by AMBAC or by the holders of
60% of the aggregate prme~pai amount of the Bonds then outstanding
Upon the w~itten request of AMBAC or the holders of 60% of the aggregate
prme~pai amount of the Bonds then outstanding and upon being indemnified to ~ts
satzsfaetion, the Trustee shall, by notice in writing to the Authority, declare the
principal of all the Bonds then outstanchng to be immediately due and payable In
the event of acceleration, the Trnstee may sell the Trust Estate, ur cause it to be
sold, as a whole (unless such sale m ~mpossible or ~mpraetlcable) to the highest
bidder (provided as to the Student Loan Notes such b~ddec must be an "Ehgible
Lender" under the Act, the Code or the regulations, if the Act ur regulations in
force at the time so require) and apply the proceeds, together w~th any funds at the
t~me held by the Trustee and not otherwzse appropriated, as follows
FIRST, to the payment of the costs, expenses, fees and other eha~ges of such
sale and reasonable compensation to the T~ustee, its agents a~d attorneys, and to
the discharge of all unpaid fees and expenses and habiht~es incurred and advances ur
disbursements made by the Trustee.
SECOND, any surplus then remaining to the payment of the whole amount
then due or unpaid upon the Bonds then outstanding, with interest on overdue
principal and overdue installments of interest at the same rates, respectively, us
were borne by the Bonds on winch the principal or installments of ~nterest may be
overdue, and in case such proceeds shall be ~nsuffielent to pay ~n full the whole
amount so due and unpaid, then aceurdmg to the aggregate amount owing on all
Bonds then outstanding without preference or prlur~ty of principal over interest or
of rate,est over prine~pal.
THII~D, any surplus then remaining to the Authur~ty or whomsoever shall be
lawfully entitled thereto
If any action is requested by the holders of 60% of the aggregate principal
amount of the Bonds then outstanding (rather than AMBAC), then such homers shall
not be entitled to cause the Trnstee to take any prooee&ngs wlueh in its opinion
-44-
would be unjustly p~elucheial to nonassenting holders of the Bonds. The Trustee shall
be entitled to assume that the action ~equested by the holders of 60% of the
aggregate principal amount of the then outstanchng Bonds wall not be p~ejud~mal to
~ nonassenting holders of Bonds, unless all non ussentmg holders of Bonds, m
writing, show the Trustee how they will be prejudiced
No individual holder of the Bonds may institute any proceeding for the
enforcement of the prewsions of the indenture unless and untd the Trustee has
reemved (1) written notice of the default m question and the eontmuanee thereof,
(2) a request to take action thereon by the holders of at least 60% m aggregate
pmneipal amount of the outstanding Bonds and (3) reasonable mdemmty against
posstble ousts, expenses and llabthties, and the Tmmtee for 30 days after receipt of
such notification shall have failed to institute any such action. However, holders of
at least 60% in aggregate principal amount of the Bonds then outstanding, without
previous notiee to or eousent by the Trustee, shall have the right to institute,
intervene in or defend any litigation affecting the Bonds
Resignation or Eemoval of the Trustee
The Trustee may restgn at any time by written notice to the Authority and
may be ~emoved at any t~me by a written instrument or instruments executed by the
holders of at least a majority in aggregate prmmpal amount of the Bonds
outstanding and filed w~th the Secretary of the Board of Dweetors, the Trustee and
AMBAC A saceessor Tt~astee, appointed by the Autharlty, must be approved by
AMBAC and must be an Ehg~ble Lender, tf the Act or Eegulations then m force so
reqmre in the ease of an appointment of a successor Trustee by the Authority, the
Authority shall eanse notice to be mailed by fwst class mml to each registered
holder No resignatton or removal of the Trustee may become effective untd the
acceptance of appointment by a successor Trustee Any successor must have a
combined capital and surplus of at least $10,000,000
Concerning the Trnstee
The Indenture euntams various hmltat~ons on the habdlty of the Trustee.
The Trustee is not liable for reliance m good faith on certtheates, reports or
opinions fummhed to it under the Indenture, and the Trustee shall be under no
obligation or duty to perform uny act at the request of the holders of the Bonds or
to tustltute or defend any stat m respect thereof unless properly mdemmhed to tts
satmfactlon. The indenture prowdes that the Trustee may rely upon the Authority
and the Servimng Agent tn eonnection with the performance of eertmn of its duties
as described therein. The Trustee may become the owner of the Bonds with the
same rights ~t would have if not a Trustee
Amendments and Supplements
The holders of 75% m prinmpal amount of the Bonds at uny time outstanding
(not including in any ease Bonds wlueh may then be held or owned by or for the
account of the Authar~ty) shall have the right from time to tune to eousent to and
approve the execution by the Authority and the Trustee of a supplemental indenture
or mdenturas as shall be deemed necessary or desirable by the Authartty for the
purpose of mochfymg or amending any of the terms or provts~ons contained m the
indenture or any supplemental indenture; prowded, however, that no modiheation or
ooos~ -45-
amendment shall be permxtted so as to do any of the following' make any change m
the matm~Ity or redemption provisions of the Bonds, reduce the rate of interest
borne by.o~/of the Bonds; reduce the amount of the prmexpal payable on the Bonds;
modify the terms of payment of principal of ur interest on the Bonds or ~mpose any
conditions with respect to such payment; affect the rights of the holders of less than
all of the Bonds then outstanding; ur reduee the minimum requn-ed percentage of
consents to render a modification effective. Amendment of the Indenture, w~thout
approval of the holders of the Bonds or AMBAC ~s permitted in the event the Act or
regulations are amended so that in the opinion of counsel, re~uszons in the Indenture
are needed with respect to the utilizatzon of the Special Allowance Payments or ~n
the event the Authority :s recognized as an Eli~nble Lender so that it may m :ts own
name a~quire, own and hold Student Loan Notes. The prowsxons winch ~equn-e
operet~on of the Student Loan Pregt~m threugh the Trnstee may be amended to the
extent sueh duties are assumed by the Autho~ty The indenture permits the
adoption, of supplemental indentures required to protect the Trnstee's status as an
Eligible Lender ur the Authority s pesit~on as an owner of interests ~n the Student
Loan Notes without the approval of the holders of the Bonds or AMBAC. The
Indenture expressly does not pemxt any amendment winch would allow the transfer
of all ur parc of the Student Loan Notes or the granting of a security interest
therein to other than Ehgible Lenders unless the Act ~s mod:f~ed so as to permit
such transfer or gnmting of a secur:ty ~nterest The Authority and the Trustee,
without approval of the holders of the Bonds, may enter rote one or more
supplemental indentures for the following purposes, to cure any amb~gmty,
meousis~eney or formal defect or omiss~on m the Indenture, to grant or confer upon
the T~u~tee for the benefit of the holders of the Bonds any additional r~ghts,
remeche$, powers or authorities that may lawfully be g~anted to or conferred upon
the holders of the Bonds ur the Trustee ur e~ther of them and that are not
inconsistent with the Indenture, to sub)eot to the lien of the Indenture adcht~onal
revenues, prepevties ur collateral; ur to eonf~rm, as further assurance, any pledge
under, and the sublect~on to any elmm, hen or pledge created or to be created by
the Indenture, of the Net l~evenues urismg from the pledge of the Trust Estate,
prowded, however, that no such supplemental indentures may be inconsistent w~th
the Indenture or impair m any manner the rxghts of the holders of the Bonds
Notwithstanding the foregoing, all modifications or amendments to any terms or
prows:ons eontamed m the Indenture or any supplemental indentures must be
approved in writing by AMBAC, except for certain amendments reqn~red pursuant to
changes in law or eorpurate authurxty
Defeasance
If the Authority shall pay or cause to be pa~d (other than through the
proceeds of the Pohey), or ~f there shall otherwise be pa~d, to the holders of the
Bonds the principal thereof and interest thereon, at the t~mes and rn the manner
stipulated m the indenture, then the pledge of the Net l~evenues and the other
moneys, securities and funds pledged under the Indenture and all covenants,
agreements and other obligations of the Authority to such holders shall cease,
terminate and become void and the Indenture shall be chseharged and satisfied. At
sueh time the Tn~stee shall pay over or deliver to the Authurzty all moneys held by
it pursuant to the Indenture winch are not required for the payment of the prme~pal
of or interest on the Bonds Ali outstanding Bonds shall be deemed to have been
pa~d ~f (1) any of such Bonds ure to be redeemed on any date pr~ur to their maturity,
and the Authority shall have given notice of redemption as prowded hereto on such
O00S~
date or p~owded for such notice to be given as ~equ~ed by the Indenture, or (2)
there shall have been deposited w~th the Tn~stee e~ther moneys m an amount which
shall be sufficient or "Investment securities" (meluchng any investment seeurities
issued or held in book-ent~y form on the books of the Department of the Treasury of
the United States of Amuriea) the pnnoipal of and the interest on wInch when due
will p~ovide moneys wluch, together with the moneys, if any, deposited with the
Trustee at the same time, shall be sufficient to pay when due the pnnclpal of and
interest to beeome due on such Bonds on ur pnur to the redemptxon date or maturity
date thereof~ as the ease may be. "Investment Seeuntles" means and mniudes only
such seeurlties as are (1) direct obhgatwns of the Umted States of Amerxea, (2)
obhgations which (in the oplmun of the Attonaey General of the United States) are
general obligations of the United States and backed by its full faith and eredlt and
(3) obhgations ~uavanteed by the United States of America winch shall not be
sub]eot to ~edemption prior to their maturity.
SUMMARY OF CERTAIN PROVISIONS OF THE COMMITMENT AGREEMENT
In order to provide a soume of funds for the payment of the principal of and
interest on the Bonds at their stated maturxty m the event that refinancing xs not
othe~se av~ulable to the Authority on acceptable terms, the Authority and the
Trustee, eoneurrently with the dehver~y of the Bonds, will have enter~d rotc the
Commitment Agreement with Citibank Under the terms of the Commitment
Agreement, and sublect to the satisfaction of ee~tam cond~txons therein which are
described more fully below, the Authorxty may, at its option, veqmre Cltxbank, on
the last business day p~ecedlng September 1, 1986 (the "Loan Purchase Date"), to
purchase m connection w~th each serxes of the Bonds a portfoho of Student Loan
Notes m an aggregate outstanding principal amount of up to $23,281,250 The
eommxtment amount with respeet to e~ther serxes of the Bonds may be reduced from
time to time by the Authority and wxth respect to each series w~ll be redueed so as
never to exceed the aggregate principal amount of the Bonds outstanding of such
ser~es. The Student Loan Notes sold to Citibank pursuant to the Commitment
Agreement must be acquired by the Authority within thirty (30) months from the
date of delive~ of the Bonds and will be purchased at a price equal to 100% of the
outstanding principal balanee of the Student Loun Notes so purchased, plus interest
payable by the makers thereof accrued through the Loan Purchase Date The
Authority xs required to pay to Cxtibank the reasonable costs recurred m connection
with the conve~sxon of the loans
The obhgation of Cltxbank to pumhase Student Loan Notes on the Loan
Purchase Date is subject to (x) receipt of all Commitment Fees due over the term of
the Commitment Agreement in a txmely manner; (ix) receipt of the list of Student
Loan Notes within 32 months of the dehve~y of the Bonds; (iii) notice of the
Authorlty's intent to exemxse its rights under the Commitment Agreement not less
than 90 days prior to the Loan Pumhase Date; and (xv) ~ecexpt on or before the
sL~txeth day preceding the Loan Pumhase Date, or, in the event that day ~s not a
business day, the next p~eeeding business day (the "Doeument Dehve~ Date"), of
the following.
1. the Co~poratxon Ce~tlfioate, as defined In the Commitment
Agreement;
2. an assignment, Including a hst of the Student Loan Notes to be sold
to Citibank (the "Assig~unent"),
-47-
3. certified copies of all necessary corporate and governmental
approvals, if any,. with respect to the nss,gnment of Student Loan Notes under the
Commitment Agreement,
4. an incumbency certificate of authorized officers of the Authority and
the Trustee;
5 an opin, on of the Authorlty's counsel to the effect that, among other
tlungs, the Authority is, on the Document Dehvery Date, and was at all relevant
times, duly incorporated, vahdly ex, sting and m good stanchng and has all requmite
eorporate and other legal authority to execute and dehver and to perform all of ,ts
oblignt,ons under the Commitment Agreement, that the exeeut,on, delivery and
performance by the Authority of the Commitment Agreement and the Assignment
have been duly anther,zed by valid eouporate antion; that the Commitment
Agreement and the Assignment have been duly executed and dehvered and
eonstitute the legal, valid and binding obligations of the Authority enforceable
agu~nst the Authority in accordance w~th tbelr terms (subjeet to eertain exeept,ons),
6. an opinion of the Tvnstee's counsel to the effect that, among other
things, the Trustee ~s, on the Document Delivery Date, and was at all relevant
times, duly ineorporated, validly exustmg and m good standing and has all reqmsite
eorporate and legal authority to execute and dehver and to perform all of its
obhgnt,ons under the Comm,tment Agreement, that the execution, dehvery and
performance by the Trustee of ,ts obligat,ons under the Commitment Agreement
and the Assignment have been duly authorized by valid corporate action, that the
Commitment Agreement and the Ass,grunent have been duly exeeuted and dehvered
and eonstitute legal, valid and binding obligations of the Trustee enforceable against
the Trustee in accordance with their terms (subject to eert~un exceptions),
7 a Certifleate of TGSLC which cert~fies that each of the Student Loan
Notes sold to Citibank is guaranteed by TGSLC (except those Student Loan Notes
~nsared by the Seerctary); that TGSLC agrees that so long as Clt,bank or its
successors or ~sslgns, shall own any Student Loan Notes guaranteed by TGSLC, it
will cause to be maintained m the Guarantee Account the amounts reqmred by the
Guarantee Reserve Agreement, and that TGSLC has rev,ewed the servicing system
of the Servicing Agent then eurrently servicing the Student Loan Notes and that
TGSLC has no knowledge that, nor any reason to beheve that the Servlemg Agent
has not performed its servicing responsil?lht,es m full eomphanee w,th all appheable
reqmrements and gu,dehnes of TGSLC, the Secretary and the Aet,
8 to the extent not provided in the Cert,f,eate described in paragraph 7
above, a report by a firm of independent cert,f,ed pubhe aeeountants of national
reputation that it has reviewed the serv,cing system and records of the Serv,emg
Agent, and that noth,ng came to sueh f,rm's attention that caused it to beheve that
the Ser-~iemg Agent had failed to perform its serviemg respons,b~ht,es m full
comphanee wtth all applicable requirements and guidelines of TGSLC, the Secretary
and the Act; and
9. a certificate of Authorized Officers of the Authority and the Trustee
to the effect that the representations and warrant,es of the Authority and the
Trustee in the Commitment Agreement are true and eorreet as of the date thereof
and that the Authority and the Trustee have performed all of the covenants to be
performed by them under the Commitment Agreement
O00S~
-48-
The Autho~ty ~ep~esents, covenants and warrants m the Commitment
A~eement that, among other tluno, (a) each Student Loan Note meets the Loan
Purchase l~egnlat~ons (as defined in the Commitment Agreement) and is 100%
guaranteed by. TGSLC or 100% insured by Seeretury~ (b) each Student Loan Note
vail be represented by promissury notes or other w~ltten agreements which are the
legal, valid and binding obligations of the respective obligor, enforceable against
such obligor in accordance with their terms, (e) neither the sale nor the assignment
of any Student Loan Notes to Citibank will, by reason thereof, affect their
enfo~eability, (d) on the Loan Purehase Date, the Trustee, acting on behaff of the
Authority, w~ll be the owner of the Student Loan Notes and holder of the notes
~epresentmg such Student Loan Notes, free and clear of all mortgages, deeds of
tr~st, pledges, hens, security interests, and other charges or encumbrances, except
as prewded in the indenture and the Ass~g~unent, (e) each Student Loan Note will be
currently guaranteed or insured, and the Purchaser vali be entitled to the benefits of
the Guarantee of TGSLC or the insurance of the Secretary, (f) the Authority vail at
all t~mes exercise, or eanse to be exercised, due dihgenee m the administration,
servicing and collecting of the Student Loan Notes, and on the Loan Purchase Date
will have made all diselosures of mfovmat~on ~eqmred to be made pursuant to the
Truth-in. Lending Act and any apphcabie state d~sclosure legislation, (g) to the best
knowledge of the Authority, no event vail have oecurred and be eontmumg winch
constitutes an Event of l~epurehase (as defined m the Commitment Agreement) or
wlueh, upon a lapse of t~me or notice or both, would become an Event of l~epurehase
and (h) no payment of principal or interest with respect to any Student Loan Note ~s
dehnquent on the Loan Purchase Date for mo~e than 30 days, except such Student
Loan Notes as to wineh (~) the T~ustee shall have certified to C~t~bank m writing
that thew sale to Clt~back ~s necessary in order to meet the Authorlty's obligations
to the holdurs of the Bonds and (ii) the Authority shall have certified to C~t~bank In
writing that the length of the delinquency ~s no greater than ~s neeessa~j m light of
the avadabihty of other eligible loans that were pu~hased by the Trustee acting on
behalf of the Authority with the proceeds of the Bonds and that quahfy for purehase
by C~t~bank under the terms and conditions of the Commitment Agreement
The Authur~ty ~s requwed, foliovang the sale of Student Loan Notes to
C~t~bank, to ~eparehase any Student Loan Note if (a) any representation o~ warranty
made by the Authority or the Trustee to C~tlbank m the Commitment Agreement or
the Assignment in connection with the sale of the Student Loan Notes proves to
have been false or misleading in any material respect when made, ov (b) the
Authority or the Trustee fa~is to perform or observe any other materml term,
eovenant or agreement contained in the Commitment Agreement or the Assignment,
and as a ~esult of the oceu~enee or continuance of any sueh event or eondlt~on,
TGSLC or the Secretary of Education determines that any such Student Loan Note
or Student Loan Notes are not or vail not be entitled to the benefits of the
guarantee by TGSLC or the insurance of the Secretary, or interest benefits or
Special Allowance Payments under the Aet, or TGSLC or the Seeretar~ of Education
fail to make payment of such benefits or payments
Citibank has the right to make such investigation of the Serwemg Agent's
books, reeurds, forms and procedures and the books and ~ecurds of the Trustee and
the Authority (insofar as they. relate to the Student Loan Notes subject to the lien
of the Indenture) as Citibank may from time to time deem appropriate.
ooo~ -49-
If the Bonds beeome due (as a result of a default and the aneele~tlon of the
prmeipai thereof) pr~or to the date on whieh the option to sell the Student Loan
Notes purluant to the Commitment Agreement may be exercised, or if the
Commitment Agreement terminates because of a breach of a eovanant m the
Commitment Agreement by the Authority (certain of whleh breaches could also
result in an acceleration of the Bonds), then moneys otherwise available under the
Commitment Agreement will not be available to provide funds for the timely
repayment of the Bonds when due.
In consideration of Cltibank's eommitment to purchase Student Loan Notes,
the Authority ~s veqmred to pay to Citibank an mltiai eommitment fee equai to
3/8% of 1% of the Commitment Amount upon the date of dehve~ of the Bonds and
an additional 3/8% of 1% of the Commitment Amount on August 1, 1984 and August
1, 1985 The Authority is also required to reimburse Citibank for its expenses
incurred in oonneetion with (i) the preparation, exeoutlon and dehvery of the
Commitment A~reement (meluding legal) and (ii) any tr~msfer or other taxes and
recording or flhng fees payable in eonneetton with the sale and purchase of the
Student Loan Notes. Upon the purohase of the Student Loan Notes by Citibank
pursuant to the Commitment Agreement, the Authority is required to provide
servicing on the Student Loan Notes for a period of up to one year for which
Citibank has agreed to pay a monthly fee of 0625% of the average of the
begunmng-and-end-of-month aggregate outstanding prmcipai baianee of seeh
Student Loan Notes seuvleed by the Servlemg Agent during the prevuous month
Citibank is one of the Underwriters for the Bonds and is a wholly owned
subsidiary of Cltleorp, it bsllk holding company organized under the laws of the State
of Delaware. Citibank is Cltieorp's prineipai asset Citibank has represented that
as of March 31, 1983, it had total assets of $107 521 bdhon, total deposits of
$75 426 billion, and total stoekholders' eqmty of $5.614 billion Citibank is a
eommerulai bank offering a wide range of banking services to its customers m the
New York City metropolitan area, throughout the nation m~d around the world
Referenee is hereby made to the Consolidated Baiance Sheet of Citibank for the
years ended December -31, 1981, and December 31, 1982, which Balance Sheet is
set forth on page 39 of the 1982 Citicorp Annual Report Reference is also made to
the Form 10-Q of Citibank for the period ended March 31, 1983 Such Annual
Report for 1982 and Form 10-Q are on file with the Securities and Exchange
Commission. Citibank will provide without charge to any person to whom this
Official 'Statement is dehvered, on the request of such person, a copy of the 1982
Citicorp, Annual Report and Fora iO-Q referred to above Written requests should
be chrected to. Citibank, N.A., 399 Park Avenue, New York, New York 10043,
Attention: Office of the Secretary Telephone requests may be directed to (212)
559-0157.
The information contained herein with regard to Citibank has been obtained
from Citibank and has not been verified by the Authority or the other Underwriters
of the Bonds, and no representation is made by the Authority or the Underwriters as
to its accuracy, or completeness.
TAX EXEMPTION
in the op~mon of Messrs. Dumas, Huguenln, Boothman and Morrow, Dallas,
Texas, Bond Counsel, interest on the Bonds is exempt from federal ineome taxes
under existing statutes and eourt decisions, regulations and published rulings.
ooos~ -50-
ELIGIBILITY FOR INVESTMENT IN TEXAS
In aneordanee with Section 58.41 of the Edueatinn Code, as a_mended, the
Bonds are legal and authorized investments in Texas for all state banks, savings
banks, t~ast eompaales, building and loan associations, savings and loan associatzons,
and insurance companies of all kinds and types, and for interest and sinkang funds
and other public funds of any msuer, as thereto defined. The Bonds are also ehgible
and lawful security for all depns~ts of public funds of the State of Texas
LEGAL MATTER~S
All legal matters incident to the authurzzat~on, Issuance and ~nit~al delivery
of the Bonds to the Under~witers are sub]eat to the approval of Messrs. Dumas,
Huguenm, Boothman and Marrow, Dallas, Texas, Bond Counsel, and the approving
opinion of the Attorney General of the State of Texas. Certain legal matters are
subieet to the approval of Messr. Carl Generes, Dallas, Texas, General Counsel to
the Authority Certain legal matters w~il be passed upon for the Undevwc~ters by
Messes Huteh~son Priee Boyle & Brooks, Dallas, Texas
ABSENCE OF LITIGATION
The~e ~s currently no ht~gation penchng or, to the knowledge of the Authority,
threatened which would have the effect of proinbitmg the ~ssuanee, sale or dehvery
of the Bonds or pledge of the Net Revenues as prowded by the Indenture
RATING
Standard & Poor's Corporation has ~ven the Bonds the rating of "AAA" on
the understanding that the standard policy of AMBAC, ~nsurlng timely payment of
the principal of and inte~st on the Bonds, will be ~ssued by AMBAC upon dehvery of
the Bonds Such rating ~efleets only the wews of such rating ageney. Any
explanation of the szgmficanee of such rating may be obtained only from Standard &
Poors Corporation There is no assurance that such rating w,ll continue for any g~ven
per~od of time or that ~t will not be rewsed downward or w~thd~awn entirely by such
urgan~z~tlon, ~f m the judgment of sa~d organization, c~rcumstances so warrant
Any such downward revision or wzthdrawal of such rating may have an adverse
effect on the market price of the Bonds
FINANCIAL STATEMENTS
Finane~al Statements of the Autho~ty for the year ended August 31, 1984,
have been examined by Main Hurdman, independent pubhe accountants, to the
extent set forth in their report dated Such vepoct has been
meinded herein with the consent of such accountants at Appendix I.
Finaneml Statements of the Texas Guaranteed Student Loan Carporat~on for
the year ended June 30, 1984, have been examined by Arthar Andersen & Co,
independent public accountants, to the extent set forth m their report
dated . Such ~eport has been included hereto w~th the consent
of such accountants at Appendix II
-51-
FINANCIAL ADVISOR
R. B. Rushing & Company, incorporated, Dallas, Texas, has acted as the
financial adwsar to the Authority in eonnection w~th the issuance, sale and dehver~]
of the Bonds.
UNDERWRITING
The Bonds are to be purchased by a group of unde~wmters (the
"Underwriters") headed by Rauscher P~eroe l~efsnes, Inc The Underwriters have
agreed, subject to certain eonditions, to purchase the Bonds from the Authomty at
an aggregate discount of $. from the lmtml pubhc offering pmce set
forth on the cover page. The Undarwmters will be obligated to purchase all the
Bonds if any are purchased The Bonds may be offered and sold to certain dealers
(including dealers depositing such Bonds into investment trusts) at prates lower than
such publie offering prices, and the pubhe offering p~ces may. be changed from
txme to time As a eondition to the dehvery of the Bonds, Citibank, one of the
managing underwexters, wall enter into the Commitment Agreement with the
Authority.
OTHER MATTERS
The ~nformation set forth hereto has been obtained from the Authorlty's
records and other sources which are eousldered rehable There is no gu~antee that
any of the assumptions or estimates contained herein will ever be realized All of
the summaries of the statutes, documents and resolutions contained m this Offleml
Statement are made sub]eot to all of the provisions of such statutes, documents and
resolutions These summaries do not purport to be complete statements of such
prowmons and reference is made to such documents for further information
Reference ~s made to offmial doeuments m all respects
This Offleml Statement has been approved, and the execution and dehvery
authorized by the Authority
NORTH TEXAS HIGHER EDUCATION
AUTHORITY, INC
President
O00S~
APPENDIX I
Financial Statement of the Authority
For the Year Ended August 31, 1984,
And the Report of Mare Hurdman
Wxth liespeet Thereto
0005~
APPENDIX II
Finanmal Statement of TGSLC
For the Year Ended June 30, 1984
And the l~eport of A~thur Andersen & Co.,
With l~espeet Thereto
0005;
APPENDIX Ill
THE GUARANTEED STUDENT LOAN PP, OGRAM
General
The Act provides for a program of insured student loans known as the
Guaranteed Student Loan Program (the "GSLP"). Under the GSLP, loans made by
eligible lenders to student borrowers meeting the veqmvements of the Act may be
insured by the Secretary or guaranteed under a student loan program of a state ar
private non- prefit aguney and reinsured by the Secretary.
Lenders holding an insurance contract w~th the Secretary or a state or
private non- profit agency may make loans to post-secondary students only if the
'1
loan aplffieant has been accepted, or ,s enrolled m good standing, at an eligi.b.e
inst~tuti0n of higher education or vocational school (an "eligible institution") ann ~s
carrying, at least one-half the normal full-time course load at that restitution. The
Act bruits the amount a student can borrow m any academic year and the amount he
can have outstanding in the aggregate Those amounts depend on whether the
student is enrolled in a graduate or undergraduate program. Loans m a single
academ,e year may not exceed $2,500 to undergraduate students nor $5,000 to
graduate students Aggregate outstanding loans to a s~ngle individual may. not
exceed $12,500 to an undergraduate student nov $25,000 to a graduate student
Loans made pr~or to January 1, 1981, and loans made after that date to
borrowers who had loans outstund~ng at that date bear ,nterest at a rate not in
excess of 7% per annum. Loans made on or after January 1, 1981, to borrowers who
d~d not at such t~me have a 7% loan outstundmg bear a maximum permitted interest
rate of 9% per annum If m any twelve month period the average of the 91-day
Treastu-y b~ll aact~ons m that twelve month period is 9% or less, then the maximum
permitted rate on loans made after that period (which would have been made at 9%)
w~ll bear interest at 8% per annum.
Smee August 23, 1981, lenders are authorized to collect a 5% or, great,on fee
from student borrowers for each loan Tins fee is in addition to insurance fees
(ranging from 1/4% to 1%) wh,eh may be imposed by either the Federal government
or state guarantee agencies The amount of or~gmatiun fees which lenders are
authorized to charge borrowers, whether or not colleeted, ~s deducted by the
Secretary of Education from the amount the lender ~s entitled to receive for
interest subs,dy and special allowance payments
Repayment of a loan is not reqmred to commence while the student ~s
pursuing a course of study at an eligible institution and ~s earrymg at least one-half
the normal full-time course load, and during a "grace per~od" of s~x to twelve
months ,thereafter. Generally, the loan must be vepa, d over a period of not less than
five ye_~_ nor more than ten years from commencement of repayment. However,
the total loan permd usually cannot exceed fifteen years from the date of m~lung
the loan The loan term may be extended by e,veumstanees described under
"Deferment". The repayment period may be reduced upon agreement between the
borrower and lender. If the repayment period ,s less than f~ve years, the borrower
may at{any t~me prior to total repayment of the loan, have the repayment per,od
extended so that the total repayment period is not less than five years. Prior to
O005~E
October 1, 1981~ payments of principal and interest were generally reqmred to be
made m amounts of not less than $30 per month A loan winch enters the repayment
~erlod after October 1, 1981, must generally be repaid m munmum installments of
50 per month All or any part of a loan m~y be prepaid w~thout penalty.
Deferment
Perwdie installments of principal need not be pa~d by the student borrower,
but interest anerues and is pa~d by the Secretary (if the borrower was originally
eligible to have interest benefits paid on his behalf by the Seeretary), during any
period when the borrower ~ pursuing a full-time course of study, ~s a member of the
Armed Forces, is engaged in certain types of volunteer serwee or m certain other
eases. Such deferments are generally hmited to not more than three years, except
when the borrower is a fnll-tlme student
Interest Subsidy
The Secretary makes interest payments on behalf of ehg~ble students prior to
commencement of the repayment per~od and during any period of deferment
Eh{pbfllty for interest subsidy is determined by the law m effect at the time a loan
is made. As a result of the 1981 amendments to the Act, effective October 1, 1981
only a student whose family's adjusted gross income is $30,000 or less
automatically qualify for an interest subsidy on any loan made after that date All
other students may qualify only to the ex-tent that they can demonstrate need as
defined by the chffe~enee between the estimated cost of attendance and the total of
the student's expected family contribution ptus other available student ~d A
borrower who does not qualify for the interest subsidy may reeelve an insured loan,
but ~s required to make interest payments d~eetly to the holder The Act states
that the holder of a loan quahfying for interest subsidy has a contractual right
against the United States to receive interest subsidy payments
O00SE
APPENDIX IV
AUTHOI{ITY'S CLAIM SUMMAI{Y
F~om August 27, 1978 to February 28, 1985
T.ype Claims Filed Clmms m Process Claims Prod Clmms Demed
Default 1207 $3,002,251.14 171 $396,972.13 1028 $2,589,660.34 8 $15,618 67
Bankruptey 26 82,149.80 4 13,298 55 22 68,851.25
Death 16 39,372 69 16 39,372.69
Dlsablhty 8 28,000.00 4 13,000.00 4 15,000.00
Total 1257 $3,151,773.63 179 $423,270.68 1070 $2,712,884 28 8 $15,618 67*
*Of this amount on loan of $1,642.00 has been recovered from the originating lender, and the
remaining seven loans m aggregate principal amount of $13,998 67 are currently in the process
of having the insurance reinstated through lmplementat,on of "cure procedures"
OOOSE
1040L
NOTE. LEASE WAS AMENDED BY RESOLUTION ADOPTED 4/1/86. A COPY IS ATTACHED.
RESOLUTION
WHEREAS, the City of Denton owns property available for lease
at the ~enton Municipal Airport, and
WHEREAS, Jay D. Rodgers and Bruce Brown, a Texas partnership,
desire to lease property at the Denton Municipal Airport and to
use thei same for hangar construction, hangar rental and related
aeronautical purposes, and
WHEREAS, the City of Denton desires to lease property upon the
Airport[for such purposes, and
WHEgEAS, the Airport Advisory Board has reviewed and
recommended approval of the attached proposed lease agreement,
NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT:
SECTION I.
Thel Airport Lease Agreement (Commercial Operator) between the
City ofI Denton and Jay D. Rodgers and Bruce Brown, attached hereto
and incprporated herein by reference, is hereby approved.
SECTION II.
TheI Mayor is hereby authorized to execute the attached lease
agreement on behalf of the City.
SECTION III.
This Resolution shall be effective immediately upon its passage
and approval.
this the of ~ , 1985
PAS!ED AND APPROVED ~day
ATTEST:
CHARLOTTE- ALLEN, CITY SECRETARY
CITY O~ DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ~ DAMI DRAYOVITCH, CITY ATTORNEY
CITY O~ DENTON, TEXAS
BY:
1039L
AIRPORT LEASE AGREEMENT
COMMERCIAL OPERATOR
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DENTON §
This lease is made and executed this ~day of ~ ,
1985, at Denton, Texas, by and between the City of Denton, a
Municipal Corporation, hereinafter referred to as "Lessor", and
Jay D. Rodgers and Bruce Brown, a Texas Partnership, having its
principal offices at 900 Austin Street, Denton, Texas, hereinafter
referred to as "Lessee".
WITNESSETH
WHEREAS, Lessor now owns, controls and operates the Municipal
Airport (Airport) in the City of Denton, County of Denton, State
of Texas, and
WHEREAS, Lessee desires to lease certain premises on said
airport and construct and maintain an aircraft hangar and related
aviation facilities thereon, and
NOW, THEREFORE, in consideration of the premises and the
mutual covenants contained in this Agreement, the parties agree as
follows:
I. CONDITIONS OF AGREEMENT
NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY HEREINAFTER CONTAINED,
THE LANGUAGE IN PARAGRAPHS A THROUGH D OF THIS SECTION SHALL BE
BINDING.
A. Principles of Operations
The right to conduct aeronautical activities for furnishing
services to the public is granted the Lessee subject to Lessee
agreeing.
1. To furnish said services on a fair, equal and not
unjustly discriminatory basis to all users thereof, and
2. To charge fair, reasonable and not unjustly discrimina-
tory prices for each unit or service, provided, that the
lessee may be allowed to make reasonable and nondiscrim-
inatory discounts, rebates, or other similar types of
price reductions to volume purchasers.
PAGE 1
B. Non-Discrimination
The Lessee, for himself, his personal representatives,
successors in interest, and assigns, as a part of the consideration
hereof, does hereby covenant and agree as a covenant running with
the land that'
1. No person on the grounds of race, religion, color, sex,
or national origin shall be excluded from participation
in, denied the benefits of, or be otherwise subjected to
discrimination in the use of said facilities,
2. In the construction of any improvements on, over, or
under such land and the furnishing of services thereon,
no person on the grounds of race, religion, color, sex,
or national origin shall be excluded from participation
in, denied the benefits of, or otherwise be subjected to
discrimination,
3. The Lessee, shall use the premises in compliance with
all other requirements imposed by or pursuant to Title
49, Code of Federal Regulations, Department of Trans-
portation, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination in Federally Assisted Programs of the
Department of Transportation-Effectual of Title VI of
the Civil Rights Act of 1964, and as said Regulations
may be amended.
That in the event of breach of any of the above non-
discriminatory covenants, Lessor shall have the right to terminate
the Lease and to re-enter and repossess said land and the
facilities thereon, and hold the same as if said Lease had never
been made or issued. This provision does not become effectzve
until the procedures of 49 CFR Part 21 are followed and completed
including expiration of appeal rights.
C. Right of Individuals to MaSntain Aircraft
It is clearly understood by the Lessee that no right or
privilege has been granted which would operate to prevent any
person, firm or corporation operating aircraft on the airport from
performing any services on its own aircraft with its own regular
employees (including, but not limited to, maintenance and repair)
that it may choose to perform.
D. Non-Exclusive Right
It is understood and agreed that nothing herein contained
shall be construed to grant or authorize the granting of an
PAGE 2
exclusive right within the meaning of Section 1349 of Title 43,
U.S.C.A.
E. Public Areas
1. Lessor reserves the right to further develop or improve
the landing area of the airport as it sees fit, regardless of the
desires or views of the Lessee, and without interference or
hindrance.
2. Lessor shall be obligated to maintain and keep in repair
the landing area of the airport and all publicly owned facilities
of the airport, together with the right to direct and control all
activities of Lessee in this regard.
3. During time of war or national emergency, Lessor shall
have the right to lease the landing area or any part thereof to
the United States Government for military or naval use, and, if
such lease is executed, the provisions of this instrument insofar
as they are inconsistent with the provisions of the lease to the
Government, shall be suspended.
4. Lessor reserves the right to take any action it considers
necessary to protect the aerial approaches of the airport against
obstruction, together with the right to prevent Lessee from
erecting, or permitting to be erected, any building or other
structure on or adjacent to the airport which, in the opinzon of
the Lessor, would limit the usefulness or safety of the airport or
constitute a hazard to aircraft or to aircraft navigation.
5. This Lease shall be subordinate to the provisions of any
extstimg or future agreement between Lessor and the United States
or agency thereof, relative to the operation or maintenance of the
Airport.
II. LEASED PREMISES
Lessor, for and in considerations of the covenants and agree-
ments herein contained, to be kept by Lessee, does hereby demise
PAGE 3
and lease unto Lessee, and Lessee does hereby hire and take from
Lessor, the following described land situated in Denton County,
Texas.
A. LAND:
A tract of land, being approximately 180,640 square feet, or
4.147 acres, drawn and outlined on Attachment A, incorporated herein
by reference, having the following metes and bounds.
SEE ATTACHMENTS B, C and D incorporated herein by reference.
Together with the right of ingress and egress to said pro-
perty, and the right, in common with others so authorized, of
passage upon the Airport property generally, subject to reasonable
regulations by the City of Denton, and such rights shall extend to
Lessee's employees, passengers, patrons and invitees.
For the purposes of this Agreement, the term "Premises" shall
mean all property located within the metes and bounds described
above including leasehold improvements constructed by the Lessee,
but not including certain easements or property owned and/or con-
trolled by the Lessor. The leased premises have been divided into
three (3) tracts: Tracts 1 and 2A being designated as Phase I,
consisting of 95,660 square feet or 2.196 acres, and Tract 2B being
designated as Phase II and consisting of 84,980 square feet or 1.95
acres, all as more specifically described in Attachments A, B, C
and D, incorporated herein by reference.
B. IMPROVEMENTS PROVIDED BY LESSOR
NONE: There will be no improvements provided by Lessor,
except as set forth in Article II D "Access to Utilities" below.
For the purpose of this agreement, the term "Lessor improve-
ments'' shall mean those things on the leased premises belonging to,
constructed by, or to be constructed by the Lessor, which enhances
or increases, or will enhance or increase, the value or quality of
the leased land or property. Unless otherwise noted herein, all
Lessor improvements are and will remain the property of the Lessor.
All Lessor improvements must be described in detail above, or above
PAGE 4
referenced and attached to this agreement in an exhibit approved by
the Lessor.
C. EASEMENTS
Lessor and Lessee by mutual agreement may establish on the
leased premises easements for public access on roads and taxtways
D ACCESS TO UTILITIES
Lessor represents that there are water, and 3-phase elec-
tricity lines within three hundred feet (300') of the leased
premises available to "tap-in" by Lessee, and that the same are
sufficient for usual and customary service on the leased premises.
III. TERM
The term of this Agreement shall be for a period of twenty-five
(25) years, commencing on the 1st day of May, 1985, and continuing
through the 30th day of April, 2010, unless earlier terminated under
the provisions of the Agreement. Lessee shall have the first right
of refusal to renegotiate this lease for three (3) additional five
year periods at rentals and terms mutually agreed upon by the
Lessor and Lessee without regard for or considering the then cost
of living index. Lessee's election to renegotiate this Lease shall
be in writing addressed to the City Manager at least one hundred
eighty (180) days before the expiration of the przmary term of
twenty-five (25) years and at least 180 days before the expiration
of each additional renegotiated period The rental and terms to be
negotiated shall be reasonable and consistent with the then value,
rentals and terms of similar property on the Airport Lessee's
first right of refusal to renegotiate this lease shall expire upon
the end of the last day of the primary term of twenty-five (25)
years and the last day of each additional renegotiated period.
IV. PAYMENTS, RENTALS AND FEES
Lessee convenants and agrees to pay to Lessor, as consider-
ation for this lease, the following payments, rentals and fees
A. LAND RENTAL
Prior to the approval of Lessee's plans and specifications
PAGE 5
for the initial leasehold improvements on Phase I of the leased
premises ("initial Phase I improvements"), either as submitted or
with revisions, in accordance with the provisions of Article VIII
A(1) "Initial Plans" hereof, rental shall be due in monthly install-
ments in the s~m of One Hundred Dollars ($100.00) in advance on the
first day of each month until Phase I plans are approved. Upon the
approval of plans for initial Phase I improvements, rent shall im-
mediately begin to accrue at the higher rate specified below. Rent
at the higher rate shall be prorated based upon the number of days
remaining in the month in which plans were approved. Such prorated
rental shall be due within ten (10) days of the approval of plans.
Prorated rental shall be in addition to the One Hundred Dollars
($100.00) monthly rental previously paid for that month.
After approval of the plans for Lessee's initial Phase I
improvements, but before approval of the plans for initial Phase II
improvements, rental shall be due and payable in the sum of Six
Thousand Six Hundred Ninety-Six and 20/100 Dollars ($6,696.20) per
year, payable in twelve (12) equal monthly installments in the sum
of Five Hundred Fifty-Eight and 02/100 Dollars ($558.02), in
advance~ on or before the first day of each and every month until
such Time as plans for Phase II are approved. Upon approval of the
plans for initial Phase II improvements, additional rental shall be
due and payable in the sum of Five Thousand Nine Hundred Forty-Eight
and 60/100 Dollars ($5,948.60) per year, payable in twelve (12)
equal monthly installments in the sum of Four Hundred Ninety-Five
and 72/100 Dollars ($495.72), for a total annual payment of Twelve
Thousand Six Hundred Forty-four and 80/100 Dollars ($12,644.80) pay-
able in twelve (12) equal monthly installments of One Thousand
Fifty-three and 74/100 Dollars ($1,053.74). Notwithstanding the
foregoing~ the lease rental is to be reduced by the product of seven
cents ($.07) per square foot times the number of square feet com-
prising all easements established in accordance with Article II(c).
PAGE 6
B. LESSOR IMPROVEMENTS RENTALS
NONE: There are no Lessor improvements on the leased
premises.
C. PAYMENT~ PENALTY~ ADJUSTMENTS.
All payments due Lessor from Lessee shall be delivered to
the Airport Manager, unless otherwise designated in writing by the
Lessor. Payments which are more than 15 days past due shall be
assessed a penalty of one-half (1/2) of one percent per day,
compounded daily, for each day or fraction thereof which the
payment or fee is more than 15 days past due. The yearly rental
for land and improvements herein leased shall be readjusted at the
end of each five (5) year period during the term of this lease on
the basis of the proportion that the then current United States
Consumer Price Index, All Urban Consumer (CPI-U) for Dallas/Fort
Worth, Texas, as compiled by the U.S. Department of Labor, Bureau
of Labor Statistics bears to the March, 1985 index which was
(1967 = 100). The original land rental amount (after
approval of Phase II improvement plans) is based upon seven cents
($.07) per square foot for the land herein leased. However, in no
event shall any of three adjustment increases or decreases exceed
fifty percent (50%) of the original rental, in the case of the
first adjustment, or the previous adjustment, in the case of
subsequent adjustments, each time.
These four (4) rental adjustments, if any, shall occur on
the following dates:
May 1, 1990 May 1, 2000
May 1, 1995 May 1, 2005
V. RIGHTS AND OBLIGATIONS OF LESSEE
A. USE OF LEASED PREMISES
Lessee is granted the non-exclusive privilege to engage in
or provide the following:
PAGE 7
1. Hangar Leases and Rental. The rental or lease of hangars
and hangar space and related facilities upon the leased
premises.
2. Office Space Lease or Rental. The rental or lease of
office space in or adjoining Lessee's hangars.
3. Aircraft Storage and Tie Down. To provide parking,
storage and tie down service, for both Lessee's and
itinerant aircraft upon or within the leased premises.
Lessee, his tenants and sublessees shall not be authorized
to conduct any services not specifically listed in this agree-
ment. The use of the lease premises of Lessee, his tenants or
sublessees shall be limited to only those private, commercial,
retail or industrial activities having to do with or related to
airports and aviation. No person, business or corporation may
operate a commercial, retail or industrial business upon the pre-
mises of Lessee or upon the Airport without a lease or license from
Lessor authorizing such commercial, retail or industrial activity.
The Lessor shall not unreasonably withhold authorization to conduct
aeronautical or related services.
B. STANDARDS
Lessee shall meet or exceed the following standards
1. Address. Lessee shall file with the Airport Manager and
e~p current its mailing address, telephone number(s)
and contacts where he can be reached in an emergency.
2. List. Lessee shall file with the Airport Manager and
~ current a list of its tenants and sublessees's.
3. Conduct. Lessee shall contractually require its
emp~ers and sublessees (and sublessee's tnvitees) to
abide by the terms of this agreement. Lessee shall
promptly enforce its contractual rights in the event of
a default of such covenants.
4. Utiltties~ Taxes and Fees. Lessee shall meet all
expenses and payments in connection with the use of the
Premises and the rights and privileges herein granted,
including the timely payment of utilities, taxes, permit
fees~ license fees and assessments lawfully levied or
assessed.
5. Laws. Lessee shall comply with all current and future
~'~-~ral, state and local laws, rules and regulations
which may apply to the conduct of business contemplated,
including rules, regulations and ordinances promulgated
by Lessor, and Lessee shall keep in effect and post in a
prominent place all necessary and/or required licenses
or permits.
PAGE 8
6. Maintenance of Property. Lessee shall be responsible
for the maintenance, repair and upkeep of all property,
buildings, structures and improvements, including the
mowing or elimination of grass and other vegetation on
the Premises, and shall keep said Premises neat, clean
and in respectable condition, free from any
objectionable matter or thing.
7. Unauthorized use of premises. Lessee may not use any of
the leased land or premises for the operation of a motel,
hotel, restaurant~ prxvate club or bar, apartment house,
or for industrial, commercial or retail purposes, except
as authorized herein.
8. Dwellin~s. It is expressly understood and agreed that
no permanent dwelling or domicile may be built, moved to
or established on or within the leased premises nor may
the lessee, his tenants~ tnvltees, or guests be permitted
to reside or remain as a resident on or within the leased
premises or other airport premises.
9. quit Possession. Lessee shall quit possession of all
premises leased herein at the end of the primary term of
this lease or any renewal or extension thereof, and
deliver up the premises to Lessor in as good condition
as existed when possession was taken by Lessee, reason-
able wear and tear excepted.
10. Hold Harmless. Lessee shall indemnify and hold harmless
the Lessor from and against all loss and damages,
including death~ personal injury, loss of property or
other damages~ arising or resulting from the operation
of Lessee's business in and upon the leased premises.
11. Chemicals. Lessee agrees to properly store, collect and
dispose of all chemicals and chemical residues, to
properly store, confine, collect and dispose of all
paint, including paint spray in the atmosphere~ and
paint products; and to comply with all Local~ State and
Federal regulations governing the storage, handling or
disposal of such chemicals and paints.
D. SIGNS
During the term of this Agreement, Lessee shall have the
right, at its own expense, to place in or on the lease Premises
signs identifying lessee. Said signs shall be of a size, shape
and destgn~ and at a location or locations, approved by the Lessor
and in conformance with any overall directional graphics or sign
program established by Lessor on the Airport. Lessor's approval
shall not be withheld unreasonably. Said signs shall be maintained
in good repair throughout the term of this agreement. Notwith-
standing any other provision of this agreement, said signs shall
remain the property of Lessee. Lessee shall remove, at its
PAGE 9
expense, all lettering, signs and placards so erected on the
premises at the expiration of the term of this Agreement or
extensions thereof.
VI. COVENANTS BY LESSOR
Lessor hereby agrees as follows.
A. Peaceful Enjoyment. That on payment of rent, fees, and
performance of the covenants and agreements on the part of Lessee
to be performed hereunder, Lessee shall peaceably hold and enjoy
the leased premises and all rights and privileges herein granted,
B. Compliance. Lessor warrants and represents that in the
establishment, construction and operation of said Denton Municipal
Airport, that Lessor has heretofore and at this time is complying
with all existing rules, regulations, and criteria distributed by
the Federal Aviation Administration, or any other governmental
authority relating to and including, but not limited to, noise
abatement, air rights and easements over adjoining and contiguous
areas, over-flight in landing or takeoff, to the end that Lessee
will not be legally liable for any action o~ trespass or similar
cause of action by virtue of any aerial operations over adjoining
property in the course of normal take-off and landing procedures
from said Denton Municipal Airport, Lessor further warrants and
represents that at all times during the term hereof, or any
renewal or extension of same, that it will continue to comply with
the foregoing.
VII. SPECIAL CONDITIONS
It is expressly understood and agreed by and between Lessor
and Lessee that this lease agreement is subject to the following
special terms and conditions:
A. Runways and Taxiwa2s. That because of the present sixty
thousand (60,000) pound continuous use weight bearing capacity of
the runway and taxiways of the Airport, Lessee herein agrees to
limit all aeronautical activity including landing, take-off and
PAGE 10
taxiing, to aircraft having an actual weight, including the weight
of its fuel, of sixty thousand (60,000) pounds or less, until such
time that the runway and designated taxiways on the Airport have
been improved to handle aircraft of such excessive weights. It is
further agreed that, based on qualified engineering studies, the
weight restrictions and provisions of this clause may be adjusted,
up or down, and that the Lessee agrees to abide by any such
changes or revisions as such studies may dictate. "Aeronautical
Activity" referred to in this clause shall include that activity
of the Lessee or its agents or subcontractors, and its customers
and invitees, but shall not include those activities over which it
has no solicitory part or control, such as an unsolicited or
unscheduled or emergency landing. A pattern of negligent dis-
regard of the provisions of this section shall be sufficient to
cause the immediate termination of this entire Agreement and
subject the Lessee to be liable for any damages to the Airport
that might result.
VIII. LEASEHOLD IMPROVEMENTS
A. REQUIRED IMPROVEMENTS:
As part of the consideration for the privilege herein
granted, Lessee is required to and hereby agrees to construct or
otherwise make improvements to the premises, as specified herein,
but not limited to, the following:
1. Three aircraft hangars not less than 50 X 60 feet in size
("initial Phase I improvements").
2. Related aircraft ramps and taxiways.
3. Related vehicle roadways (gravel).
Lessee shall provide Lessor with tentative plans for the
development of the entire premises herein leased together with a
tentative time table or schedule for said development. Should
said development not occur within the specific time limits
mutually agreed upon by and between Lessor and Lessee, Lessor
shall have to option to cancel the lease on all non-developed
PAGE 11
portions of said lease after a thirty (30) day written notice to
Lessee to cure such a default.
1. Initial Plans. Lessee agrees that it shall, within ninety
(90) calendar days from the date of this Agreement, submit to the
Lessor, for approval, detailed plans and specifications for the
above listed initial Phase I proposed leasehold improvements.
Lessor agrees that it shall either approve the plans and specifica-
tions as submitted, or transmit proposed revisions to Lessee, within
forty-five (45) calendar days of recezpt of the plans and specifi-
catzons from Lessee. In the event that Lessor requires revisions
of the original plans and specifications, Lessee shall have forty-
five (45) calendar days from the date of receipt of the proposed
revisions to resubmit the plans and specifications for Lessor's
approval. Such approval shall not be wzthheld unreasonably. Con-
struction shall commence within one hundred-eighty (180) calendar
days of Lessee's receipt of Lessor's final approval of the plans
and specifications, and shall be scheduled for completion not later
than three hundred-sixty (360) calendar days after commencement of
construction.
2. Phase II Plans. Lessee agrees that it shall, within three
hundred-sixty (360) calendar days from the date of this Agreement,
submit to the Lessor, for approval, detailed plans and specifica-
tions for the inzttal Phase II proposed leasehold improvements.
Lessor agrees that it shall either approve the plans and specifzca-
tions as submitted, or transmit proposed revisions to Lessee, within
forty-five (45) calendar days of receipt of the plans and specifi-
cations from Lessee. In the event that Lessor requzres reviszons
of the original plans and specifications, Lessee shall have forty-
five (45) calendar days from the date of recezpt of the proposed
revisions to resubmit the plans and speclf~cation~ for Lessor's
approval. Such approval shall not be withheld unreasonably. Con-
struction shall commence within ninety (90) calendar days of
PAGE 12
Lessee's receipt of Lessor's final approval of the plans and speci-
fications~ and shall be scheduled for completion not later than
three hundred-sixty (360) calendar days after commencement of
construction.
B. ADDITIONAL REQUIREMENTS:
Before commencing the construction of any improvements upon
the premises, Lessee shall submit'
1. Documentation~ specifications, or design work, to be
approved by the Lessor, which shall establish that the
improvements to be built or constructed upon the lease
premises are in conformance with the overall size, shape,
color, quality and design, in appearance and structure,
of the program established by the Lessor on the Airport.
2. All plans and specifications showing the location upon
the premises of the proposed construction,
3. The estimated cost of such construction.
No construction may commence until Lessor, acting by its City
Council, has approved the plans and specifications and the location
of the improvements, the estimated costs of such construction~ and
the agreed estimated life of the building or structure. Approval
by the City Council shall not be unreasonably withheld, should the
Council fail to deny Lessee's plans and specifications within sixty
(60) days of submission thereof to the Council, such plans and
specifications shall be deemed approved Documentary evidence of
the actual cost of construction on public areas only (such as taxi-
ways) shall be delivered by Lessee to Lessor's City Manager from
time to time as such costs are paid by Lessee, and Lessor's City
Manager is hereby authorized to endorse upon a copy of this lease
filed with the City Secretary of Lessor such actual amounts as he
shall have found to have been paid by Lessee, and the findings of
the City Manager when endorsed by him upon said contract shall be
conclusive upon all parties for all purposes of this agreement.
C. ADDITIONAL CONSTRUCTION OR IMPROVEMENTS
Lessee is hereby authorized to construct upon the land
herein leased, at its own cost and expense, buildings, hangars,
PAGE 13
and structures, that Lessor and Lessee mutually agree are neces-
sary for use in connection with the operations authorized by this
lease, provided however, before commencing the construction of any
improvements upon the premises, Lessee shall submit plans and
specifications as specified in Article VII (B) above.
D. OWNERSHIP OF IMPROVEMENTS:
All buildings and improvements constructed upon the
premises by Lessee shall remain the property of Lessee unless said
property becomes the property of Lessor under the following
conditions, terms and provisions:
1. Removal of Buildin~s. No building or permanent fixture
may be removed from the premises.
2. Assumption. All buildings and improvements of whatever
nature remaining upon the leased premises at the end of
the primary term, or any extension thereof, of this
lease shall automatically become the property of Lessor
absolutely in fee without any cost to Lessor.
3. Buildin~ Life. It is agreed that the life of the
building to be constructed by Lessee on the property
herein leased is twenty-five (25) years.
4. Cancellation. Should this lease be cancelled for any
reason before the end of the twenty-five (25) year term,
it is especially understood and agreed that Lessor
reserves the right to purchase all buildings, structures
and improvements then existing upon the premises by
tendering to Lessee one-twenty-fifth (1/25) of the
undepreciated value of such building for each year
remaining on the agreed life of such building. The
undepreciated value of all improvements is to be
determined by having such improvements appraised by
three appraisers, one appointed by Lessor, one appointed
by Lessee and one appointed by the two appraisers.
IX. SUBROGATION OF MORTGAGEE
Any person, corporation or institution that lends money to
Lessee for construction of any hangar, structure, building or
improvement and retains a security interest in said hangar,
structure, building or improvement shall, upon default of Lessee'
obligations to said mortgagee, have the right to enter upon said
leased premises and operate or manage said hangar, structure,
building or improvement according to the terms of this Agreement,
for a period not to exceed the term of the mortgage with Lessee,
PAGE 14
or until the loan is paid in full, whichever comes first, but in
no event longer than the term of this lease It is expressly
understood and agreed that the right of the mortgagee referred to
herein is limited and restricted to those improvements constructed
with funds borrowed from mortgagee.
X. RIGHT OF EASEMENT
Lessor shall have the right to establish easements, at no cost
to Lessee, upon the leased ground space for the purpose of pro-
viding underground utility services to, from or across the airport
property or for the construction of public facilities on the
Airport. However, any such easements shall not interfere with
Lessee's use of the leased premises and Lessor shall restore the
property to its original condition upon the installation of any
utility services on, in, over or under any such easement or the
conclusion of such construction Construction in or at the
easement shall be completed within a reasonable time.
XI. ASSIGNMENT OF LEASE
Lessee expressly covenants that it will not asszgn this
lease, convey more than ten percent (10%) of the interest in its
business, through the sale of stock or otherwise, transfer,
license, nor sublet the whole or any part of the said premises for
any purpose, except for rental of hangar space or tie-down space,
without the written consent of Lessor Lessor agrees that it will
not unreasonably withhold its approval of such sale, sublease,
transfer, license, or assignment of the facilities for airport
related purposes, provided however, that no such assignment,
sublease, transfer, license, sale or otherwise shall be approved
if the rental, fees or payments, received or charged are in excess
of the rental or fees paid by Lessee to Lessor under the terms of
this lease, for such portion of the premises proposed to be
assigned, subleased, transfered, licensed, or otherwise. The pro-
visions of this lease shall remain binding upon the assignees, if
any, of Lessee.
PAGE 15
XII. INSURANCE
A. ~e~uired Insurance. Lessee shall maintain continuously in
effect at all times during the term of this agreement, at Lessee's
expense, the following insurance coverages.
1. Comprehensive General Liability covering the leased
premises, the Lessee or its company, its personnel and
its operations on the airport.
2. Aircraft Liability to cover all flight operations of
lessee.
3. Liability coverage for errors and ommissions on the part
of the Lessee or its officials.
4. Fire and extended coverage for replacement value for all
facilities used by the Lessee either as a part of this
agreement or erected by the lessee subsequent to this
agreement.
5. Liability insurance limits shall be in the following
minimum amounts:
Personal injury: $500,000 per person/
$1,000,000 per occurrence
Property damage: $2,000,000 per occurrence.
6. All policies shall name the City of Denton as an
additional named insured and provide for a minimum of
thirty (30) days written notice to the City prior to the
effective date of any cancellation or lapse of such
policies.
7. All policies must be approved by the Lessor.
8. The Lessor shall be provided with a copy of all such
policies.
XIII. CANCELLATION BY LESSOR
In the event that Lessee shall file a voluntary petition in
bankruptcy or proceedings in bankruptcy shall be instituted
against it and Lessee thereafter is adjudicated bankrupt pursuant
to such proceedings, or any court shall take jurisdiction of
Lessee and its assets pursuant to proceedings brought under the
provisions of any Federal reorganization act, or Lessee shall be
divested of its estate herein by other operation of law, or Lessee
shall fail to perform, keep and observe any of the terms,
covenants, or conditions herein contained, or on its part to be
performed, the Lessor may give Lessee written notice to correct
such condition or cure such default and, if any condition or
PAGE 16
default shall continue for thirty (30) days after the receipt of
such notice by Lessee, then Lessor may, terminate this lease by a
written notice to Lessee. In the event of default, Lessor has the
right to purchase any or all structures on the leased premises
under the provisions of Section VIII Paragraph D (Cancellation)
hereof.
XIV. CANCELLATION BY LESSEE
Lessee 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, upon or after the happening of
any one of the following events: (1) issuance by any 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, (2) the breach by Lessor of any of
the covenants or agreements contained herein and the failure of
Lessor to remedy such breach for a period of ninety (90) days
after receipt of a written notice of the existence of such
breach, (3) the inability of lessee 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 appropriate
governmental authority having Jurisdiction over the operations of
Lessor or due to war, earthquake or other casualty, or (4) the
assumption or recapture by the United States Government or any
authorized agency thereof the maintenance and operation of said
airport and facilities or any substantial part or parts thereof.
Upon the happening of any of the four events listed in the
preceding paragraph, such that the leased premises cannot be used
for aviation purposes, then Lessee may cancel this lease as
aforesatd~ or may elect to continue this lease under its terms
except however that the use of the leased premises shall not be
limited to aviation purposes, their use being only limited by such
laws and ordinances as may be applicable at that time.
PAGE 17
XV. MISCELLANEOUS PROVISIONS
A. Entire A~reement. This A~reement constitutes the entire
understanding between the parties and as of its effective date
supersedes all prior or independent Agreements between the parties
covering the subject matter hereof. Any change or modification
hereof shall be in writing signed by both parties.
B. Bindin~ Effect. All the covenants, stipulations and
agreements herein shall extend to, bind and inure to the benefit
of the legal representatives~ successors and assigns of the
respective parties hereto.
C. Severability. If a provision hereof shall be finally
declared void or illegal by any court or administrative agency
having jurisdiction, the entire Agreement shall not be void, but
the remaining provisions shall continue in effect as nearly as
possible in accordance with the original intent of the parties.
D. Notice. Any notice given by one party to the other in
connection with this Agreement shall be in writing and shall be
sent by registered mail, return receipt requested, with postage
and registration fees prepaid:
1. If to Lessor, addressed to:
City Manager
City of Denton
Denton, Texas 76201
2. If to Lessee, addressed to.
Mr. Jay D. Rodgers Mr. Bruce Brown
Rt. 3, Box 600 Rt. 3
Roanoke, Texas 76262 Roanoke, Texas 76262
Notices shall be deemed to have been received on the date
of receipt as shown on the return receipt.
E. Headin~s. The headings used in this Agreement are intended
for convenience of reference only and do not define or limit the
scope or meaning of any provision of this Agreement.
F. Governin~ Law. This Agreement is to be construed in
accordance with the laws of the State of Texas.
PAGE 18
IN WITNESS WHEREOF, the parties have executed this Agreement
as of the day and year first above written
CITY OF DENTON, TEXAS, LESSOR
BY:
~IC~RD O~ ST~T: ~~
ATTEST
C~LOTT~ ~LE~ ClT~ SECRETARY
CITY OF D~TO~ TE~8
APPROVED AS TO LEG~ FO~.
DEB~ AD~I D~YOVITCH, CITY ATTORNEY
CITY OF DENTON, TE~S
BRO~. ~E S SEE
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on the ~d9 ~day
of ;~ , 1985 by Jay R. Rodgers.
NOTA~Y PUB~C~/ STATE OF TEXAS
My Commission expires :~ /~/~
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on the~ day
of ~ , 1985 by Bruce Brown.
!
Commission expires ~,/~.,
My
PAGE 19
APR
% ATT CHMENT "A" TO CITY
~ DENTON
; °ORT LEASE WITH JAY BODOERS
, BRUCE BROWN EXECUTE ON
1985
EAST ~'50 O'
'YT'~ O'
0
~'~ ~ ~ '"
~ = I00'
I
Tr Z A
DESCRIPTION
w,,,,o., co,..°....s .o .oo, SURVEY SKETCH SHOWING
oo,. TWO LEASE TRACTS
Q DENTON AIRPARK
DENTON COUNTY, TEXAS
OAT; ~ - 21 - 85 PR E P A R E D BY
ORAWN RY J Re COLEMAN ~ ASSOCIATES
SCALE l"' ~00 SURVEYING
.[vl$1~O ~) P 0 BOX 686
2) Is) DENTON, TEXAS 76202
D.AW,.G 85496 817- 565-8215
LEASE TRACT 1
All that certain tract or parcel of land s~tuated ~n Denton County,
Texas and being a part of the Denton Airport more particularly
described as follows
COMMENCING at an 1ron rod set at a turn in a gravel road and belng
North 37. Degrees 08 Minutes 00 Seconds West a d~stance of 1940.8
feet from a fence corner in the South l~ne of F.M 1515 at the
reco§ntz,ed Northwest Corner of the tract described ~n the Deed
to P.F. Breen recorded ~n volume 127 page 183 of the Deed Records
of Denton County,Texas, the said zron rod bezn§ 750 feet from,
measured perpendicular to, the centerl~ne of the main runway,
THENCE North 750 feet from and parallel with the sald centerllne,
a distance of 280.0 feet to the PLACE OF BEGINNING and being the
Southwest Corner of the herein described tract;
THENCE North continuing 750 feet from and parallel w~th the said
centerline a distance of 290 feet to an iron rod set for the North-
west Corner of the here~n described tract,
THENCE East a distance of 175.0 feet to a point for the Northeast
Corner of the herein described tract;
THENCE South 925 feet from and parallel wlth the centerllne of the
said runway a distance of 290.0 feet to a point for the Southeast
Corner of the herein described tract;
THENCE West a distance of 175.0 feet to the PLACE OF BEGINNING and
enclosing 1.165 acres (50,750 square feet) of land.
These Field Notes, with accompanying sketch, were prepared from a
survey ~made on the ground under my d~rect~on and supervision.
William M. Coleman R.P.S. No. 4001 Date
ATTACHMENT "B" TO CITY OF DENTON AIRPORT LEASE WITH JAY D. RODGERS
AND BRUCE BROWN, EXECUTED ON , 1985.
LEASE TRACT 2 A
All that certain tract or parcel of land s~tuated in Denton County,
Texas and bein§ a Dart of the Denton AlrDort more Dsrt~cularly
described as follows~
BEGINNING for the Southwest Corner of the tract belng descrlbed
herein~ at an ~ron rod set at a turn ~n a ~ravel road and being
North 37 Degrees 08 Minutes OOSeconds West a dlstance of 1940 8 feet
from a fence corner in the South line of F.M 1515 at the recoKnlzed
Northwest Corner of the tract described in the Deed from P.F. Breen
recorded in volume 127 page 183 of the Deed Records of Denton County,
Texas~ the sa~d ~ron rod being 750 feet from~ measured perpendicular
to,the centerline of the maln runway,
THENCE North 750 feet from am parallel with the said centerllne a
distance of 280.0 feet to a Doint for the Northwest Corner of the
herein ~escrlbed tract,
THENCE East a d~stance of 175.0 feet to a Dolnt for the Northeast
Corner of the herein described tract,
THENCE South 925 feet from and parallel with the centerline of said
runway a distance of 233.25 feet to a point for the Southeast Corner
of the herein described tract and being in the West line of the said
road 25 feet Northerly from the occupied centerl~ne thereof;
THENCE South 75 De~rees 02 M~nutes 30 Seconds West with the Nest line
of the said road a distance of 181.14 feet to the PLACE 0F BEGINNING
and enclosin§ 1.031 acres ( 44~910 square feet ) of land.
These Field Notes~ with accompanying sketch~ were prepared from a
survey made on the ~round under my d~rect~on and supervision
Wm. M. Coleman R.P.S. No. 4001 Date
ATTACHMENT "C" TO CITY OF DENTON AIRPORT LEASE WITH JAY D. RODGERS
AND BRUCE BROWN, EXECUTED ON , 1985.
IEASE TRACT 2 B
All that certain tract or parcel of land sltauted ]n Denton County, Texas
and being part of tho Denton Airport moro particularly descllbed as follows
COMMENCING at an iron rod set at a turn in a gravel road and being North 37
Degrees108 Minutes 00 Seconds West a distance of 1940.8 feet from a fence
corner in the South line of F M. 1515 at the recognized Northwest Corner of
tile tract described mn the Deed to P F. Breen recorded in volume 127 page 183
of tile Deed Records of Denton County,Texas, the said iron rod being 750 feet
from, measured perpendicular to~ the centerllne of the main runway,
THENCE North 75 Degrees 02 Minutes 30 Seconds East with the Nest line of the said
road a distance of 181 14 feet to the PLACE OF BEGINNING and being the South,,est
Corner of the herein described tract,
THENCE North 925 feet from and parallel with the runway centerllne a distance
of 523.~5 feet to an iron rod set for the Northwest Corner of the herein described
tract,
THENCE East a distance of 75.0 feet to an iron rod set for tile Northea~ Co]n~,~
of the herein described tract,
THENCE South 22 Degrees 09 Minutes East a distance of 490.0 feet to an iron
rod set for the Southeast Corner of the herein described tract, in the West line
of the said gravel road, 25 feet Northerly from the occupied centerl~ne thereof,
THENCE South 75 Degrees 02 Nlnutes 30 Seconds West with the West llne of the said
road a dlstance of R~88B feet to the PLACE OF BEGINNING and enclosing 1.951 acres
( 84,980 square feet ) of land.
These Field Notes, with accompanying sketch, were prepared from a survey made on
the ground under my direction and supervision
Nllllam {~. Coleman, R.P.S. No. 4001 Date
ATTACHMENT "D" TO CITY OF DENTON AIRPORT LEASE WITH JAY D. RODGERS
AND BRUCE BROWN, EXECUTED ON .... , 1985.
RESOLUTION
WHEREAS, the City Attorney of the City of Denton is appointed
to office by the City Council and serves at the pleasure of the
City Council under the terms and provisions of Article VI of the
Charter of the City of Denton, Texas, and
WHEREAS, on February 5, 1985 the City Council of the City of
Denton appointed Debra Adami Drayovitch, City Attorney of the City
of Denton, Texas,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
DENTON:
SECTION I.
The City Council of the City of Denton hereby engages the
employment services of Debra Adamt Drayovitch as City Attorney of
the City of Denton, Texas, to perform the functions and duties
specified in the City Charter, the City Code, and the laws of the
State of Texas, and to perform such other legally permissible and
proper duties and functions as the City Council shall from time to
time assign.
SECTION II.
The City Council agrees to pay Debra Adami Drayovitch for her
services an annual base salary of $46,800.00 payable in install-
ments at the same time as other employees of the City are paid and
$100.00 per month car allowance. The sum of $4,000.00 shall be
paid for relocation expenses.
SECTION III.
An annual performance review will be conducted by the City
Council during the month of October of each year, and the City
Council agrees to increase said base salary, fringe or other
benefits in such amounts and to such an extent as the City Council
may determine that it is desirable to do so on the basis of the
annual performance review made at the same time as similar
consideration is given to other employees of the City.
PAGE 1
SECTION IV.
It is recognized that the City Attorney has to devote a great
deal of her time outside normal office hours to business of the
City, and to that end, the City Attorney will be allowed to take
compensatory time off as she shall deem appropriate during said
normal office hours, provided, however, the City Attorney shall
devote her entire time to the performance of the duties and shall
not spend more than ten (10) hours per week in teaching,
consulting, or other non-City connected business without the prior
approval of the City Council.
The City Council hereby agrees to budget and pay the travel
and subsistence expenses of the City Attorney for professional and
official development and to adequately pursue necessary official
and other functions for the City, including but not limited to the
Annual Conference of the Municipal Law Officers, City Attorney's
Association and such other national, regional, state or local
governmental groups and committees thereof which the City Attorney
serves as a member.
The City Council also agrees to budget into pay for the travel
and subsistence expenses of the City Attorney for short courses,
institutes and seminars that are necessary for her professional
development and for the good of the City of Denton.
The City Council agrees to budget and pay the professional
dues and subscriptions of the City Attorney necessary for her
continuation and full participation, including the holding of
responsible offices in national, regional, state and local
associations and organizations necessary and desirable for her
continued professional participation, growth and advancement, and
for the good of the City of Denton.
SECTION V.
Before voluntarily resigning her position, Debra Ad-mi
Drayovitch, agrees to give the City Council at least thirty (30)
PAGE 2
days notice in writing of her intention to resign, stating the
reasons therefor.
In the event of her involuntary separation as City Attorney,
she shall be entitled to receive a lump sum payment equal to sixty
(60) days aggregate salary; provided, however, that in the event
of her termination because of her conviction for any offense
involving moral turpitude or any illegal act involving personal
gain to him, then) in that event, the City shall have no
obligation to pay the aggregate severance sum designated herein.
Involuntary separation as used in this paragraph means her
discharge or dismissal by the City Council or her resignation
following a reduction in salary or other financial benefits of the
City Attorney in a greater percentage than an applicable
across-the-board reduction for all City employees or in the event
the City refuses following a written notice to comply with any
other provisions benefiting the City Attorney herein or the City
Attorney resigns, following a suggestion, whether formal or
informal, by the City Council that she resign, then, in that
event~ the City Attorney may at her option be deemed to be
"terminated" at the date of such reduction or such refusal to
comply within the meaning and context of the herein severance pay
provision.
SECTION VI.
All provisions of the City Charter, City Code, and Rules and
Regulations of the City adopted by the City Council relating to
vacation and sick leave~ retirement and pension system
contributions~ holidays and other fringe benefits and working
conditions as they now exist or hereafter may be amended, shall
apply to the City Attorney as they would to other employees of the
City, in addition to said benefits enumerated specifically for the
benefit of the City Attorney~ except as herein provided. The City
Attorney shall be entitled to receive the same vacation and sick
PAGE 3
leave benefits as are accorded other department heads, including
provisions governing accrual and payment therefor on termination
of employment.
SECTION VII.
This agreement shall be effectiv~r a period of one year.
PASSED AND APPROVED this the ~_~'~ay of April, 1985
/~I~LAR~ 07 STEWi~T, MAYOR
~ CItY OF D~NTON, TEXAS
ATTEST:
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
PAGE 4
1051L
RESOLUTION
WHEREAS, Municipally owned electric utilities have been totally
unsuccessful in securing amended applications for Certificates of
Convenience and Necessity from the Public Utility Commission to
serve their citizen owners in newly annexed areas, and
WHEREAS, Legislation has been introduced in the House and
Senate in the form of H.B. 1634 and S.B. 1032 which Legislation
would help alleviate the aforementioned problem, and
WHEREAS, the inability of municipally owned electric utilities
to expand service areas greatly impairs the fznancial integrity of
said municipally owned utilities,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON
That the City Council of the City of Denton unanimously supports
the passage of H.B. 1634 and S.B.
PASSED AND APPROVED this the day of _~~,
1985.
~I~A~--O~t STEWART, MAYOR-
CITY OF ~NTON, TEXAS
ATTEST:
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM.
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
!
iO00L
RESOLUTION
WHEREAS, Senate Bill No. 134 has been filed and is currently
before the Senate of the State of Texas, and
WHEREAS, Senate Bill No. 134 would amend the Municipal
Annexation Act (Article 970a, Vernon's Texas Civil Statutes) to
requzre cities to publish, one year before the date on which it
proposes to institute annexation proceedings for an area, a public
notice of such proposed annexation, and
WHEREAS, a requirement that a city publish notice one year in
advance of any proposed annexation would greatly hamper a city's
ability to control and regulate future development and to plan for
the orderly growth of the city, and
WHEREAS, such a notice requirement would not be in the best
interest of the public or the municipal governments of the state,
NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON. SECTION I.
That the City of Denton, Texas, opposes Senate Bill 134 and
hereby urges and calls upon its elected Representatives and
Senators of the State of Texas to oppose passage of said
legislation. ~da
PASSED AND APPROVED this the y of , 1985.
ATTEST.
CF~O~E ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRAADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
RESOLUTION
WHEREAS, the City Council has determined that it would be
advisable and be in the best interest of the City of Denton to
adopt specifications for public works projects consistent with
specifications used by other North Central Texas cities, NOW,
THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON
SECTION I.
That the Standard Specifications for Public Works Constructton~
North Central Texas be and they are hereby adopted as the specifi-
cations' for use in connection with future public works, water
utility, and private development projects for the City of Denton,
Texas.
SECTION II.
That the Paving, Drainage, Water and Sewer Specifications
presently in effect and used by the Department of Public Works
remain in effect for all public works projects advertised, bid
upon or under contract prior to the effective date of this
resolution until final acceptance by the City.
SECTION III.
That the Paving, Drainage, Water and Sewer Specifications
presently in effect and used by the Department of Public Works be
rescinded upon the final acceptance of all projects advertised,
bid upon, or under contract prior to the effective date of this
resolution.
SECTION IV.
That as official addendums to the Standard Specifications for
Public Works Construction. North Central Texas are publiShed,'they
are automatically adopte~ as addendums to the Specifications for
use in connection with future public works, water utility, and
private development projects for the City of Denton.
SECTION V.
That as future editions of the Standard Specifications for
Public Works Construction~ North Central Texas are published, the
most recent edition will hereby be adopted as the Specifications
for use in connection with future public works, water utility, and
private development projects for the City of Denton
SECTION VI.
That as future editions of the Standard Specifications for
Public Works Construction; North Central Texas are published, the
edition, of the Specifications in effect at the time that the next
edition is published be in effect for all public works, water
utility, and private development projects advertised, bid upon, or
under contract prior to the effective date of the next edition,
and remain in effect for these projects until their final
acceptance by the City.
SECTION VII.
That as future editions of the Standard Specifications for
Public Works Constructton~ North Central Texas are published,
the edition of the Specifications in effect at the time that the
next edition is published be rescinded upon the final acceptance
of all public works, water utility, and private development
projects advertised, bid upon, or under contract prior to the
effective date of the next edition of the Specifications.
Section VIII.
That the effective date of addendums and the second and all
other future editions of the Standard Specifications for Public
Works C. onstructton~ North Central Texas be set for three months
from the day that the City receives official notification about
the existence of the addendum or the newest edition to be
published.
SECTION IX.
That the City Secretary, the City Engineer and the Director
of Public Works be and they are hereby directed to place a
conformed copy of the specifications hereby adopted or any
future addendums of, or editions to, the specifications that
will be hereby adopted in their permanent files for public
inspection.
SECTION X.
That this resolution shall become effective immediately upon
its passage and approval. ~d ~
PASSED AND APPROVED this the ay of ,
~IC~ARU ~STEWi~RT rMAYO~ V
CITY OF DE~NTON, TEXAS
ATTEST.
CHARLOTTE ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
JOE D. MORRIS, ASSISTANT CITY ATTORNEY
CITY OF DENTON, TEXAS
RESOLUTION
WHEREAS, on Saturday, April 20, 1985, the Sigma Alpha Mu
Fraternity is sponsoring an Spring Renaissance to be held on Fry
Street between the intersection of Oak and Hickory, and
WHEREAS, all abutting property owners of the street have
given their permission to the temporary closing of said street,
and
WHEREAS, the Spring Renaissance is open to the general
public of of the City and County of Denton, and
WHEREAS, in order to provide adequate space for the said
Renaissance and in order to protect the safety of citizens who
attend, the City Council of the City of Denton deems it is
necessary to temporarily close a portion of Fry Street between
Oak Street and Hickory Street from the hours of 8 00 A.M. until
7 00 P.M. on April 20, 1985, NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS
SECTION I.
That Fry Street between Oak Street and Hickory Street shall
be temporarily closed as a street or public thoroughfare of any
kind or character whatever on April 20, 1985 from 8.00 A.M.
until 7.00 P.M. for the purpose of holding the Sigma Alpha Mu
Spring Renaissance.
SECTION II.
That the portion of the above described streets shall revert
back to the City for normal traffic actzvity immediately from
and after 7:00 P.M. on April 20, 1985.
SECTION III.
That this resolution shall take effect and be in full force
and effect from and after the date of i~s passage and approval.
PASSED AND APPROVED this the ~l-~F~day of April, 1985.
_ /-. /
ATTEST.
CHARLOTT~ ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
1057L
RESOLUTION
WHEREAS, the Argyle Water Supply Corporation (AWSC) provides
water service to the City of Argyle and surrounding areas
zncluding certain areas in the City of Denton's extraterritorial
jurisdiction, and
WHEREAS, AWSC has worked cooperatively with the City of Denton
to install lines in Denton's extraterritorial jurisdlctzon in
accordance with Denton's standards in anticipation of Denton
eventually acquiring such facilities upon annexation of such
extraterritorial Jurisdiction, and
WHEREAS, AWSC obtains their water supply from wells and
recognizes the long-term necessity to obtain a surface water
supply, and
WHEREAS, AWSC has agreed to participate in oversizing a
waterline for approximately 14,000' along highway 377 from the
Santa Fe Railroad south past Brush Creek Road, all in conjunction
with the Jo Storer Homes, Inc., development, and
WHEREAS, AWSC has requested assurance of Denton's intent to
sell treated water to AWSC upon completion of such line and upon
meeting other certain criteria as outlined in Exhzbit I attached
herewith, and
WHEREAS, AWSC's intent is to transfer ownership at no cost to
the City of any AWSC lines located in Denton's extraterritorial
jurisdiction at the time Denton annexes such area(s) provided
AWSC's loop line system integrity is maintained, NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON
The City of Denton hereby expresses Denton's intent to enter
into a contract with the Argyle Water Supply Corporation (AWSC) to
sell treated water upon completion of an appropriate waterline to
the AWSC certificated area, such line to be extended by development
interests or AWSC, and upon AWSC's meeting certain service criteria
as outlined in Exhibit I attached hereto and/or the Dallas Water
Utilities New Customer Service Policy. Terms of such contract
shall follow the principles outlined in Exhibit I.
ASSED A OVED this of
, /// -
07STEWA HAYOm-
CIT~Y OF D~NTON, TEXAS
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
PRINCIPLES OF CONTRACT
DENTON/ WHOLESA£E T ATED WATER
I RATES
A. Two part- based on a volume component which shall
primarily cover variable costs and a demand component
whlch shall primarily cover f~xed costs
II RATE METHODOLOGY
A Revenue
1 Determined on utility basis at original cost
B Rate of ~eturn
1. Embedded rate of ~nterest on water obligations
plus 1.5%
C. Rate Base
1. Plant Investment~
a Raw water pump station
b Raw water transmission l~nes
c Water plant
d 50% plant ground storage
e. Water transmission l~nes include all !lnes
over
Depreciation
a. Based on standard utility accounting
practices
5 Construction work in progress
a. To be ~ncluded ~n rate base
4 Capacity Allocations
a. Allocated based on recognition of current
and future
D Raw water costs
1. Purchased from Dallas at Dallas' raw water rates
E Expenses
1. Actual expenses incurred for operation,
maintenance, accounting, ad~lnlstratlon~ return
on znvestment and other General Fund cost
relmoursements.
3081U
Iii. SERVICE CONDITIONS
A. Based generally on Dallas' "Servmce Condltmons for
Treated Water Customers"
B. Water and wastewater plan requmred.
C. Subject to avazlabmlmty of water from Dallas
D. Resale of water subject to Denton and Dallas' approval
B. Land use development control mn effect
F. Temporary excess transmmssmon capacmty available for
system transportations use with reimbursement
available to Corinth.
G dater dmstrmbutzon loss reduction program
H. Conservatmon plan and practmces
OTHER CONDITIONS
A Mmnmmum ground and elevated storage required
B No mnterconnectmons from other services into the
system.
C. Wastewater collection system requmred with only
mmnmmal percent of water customers on system allowed
to use septic tanks
D Percent of water sales must be returned to area
surface water supplmes afuer appropriate treatment
E Rate of flow controller requmred and set at scheduled
demand charge based on scheduled water requmrements
F. Rates changed annually based on annual water
requirements schedule
G. ~ater requirements schedule adjustable annually on
approxmmately June 1.
1054L
RESOLUTION
WHEREAS, on Friday, May 10, 1985, Calhoun Jr. High PTA is
sponsoring an annual Day of the Cougar fundraising event, to be
held on Congress Street between the intersection of Alice Street
and Denton Street, and
WHEREAS, all abutting property owners of the street have
given their permission to the temporary closing of said street,
and
WHEREAS, the Day of the Cougar fundraising Event is open to
the general public of the City and County of Denton, and
WHEREAS, in order to provide adequate space for the said
fundraising event and in order to protect the safety of citizens
who attend, the City Council of the City of Denton deems it is
necessary to temporarily close a portion of Congress Street
between Alice Street and Denton Street from the hours of 3'00
P.M. until 7:00 P.M. on May 10, 1985, NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON
SECTION I.
That Congress Street between Alice Street and Denton Street
shall be temporarily closed as a street or public thoroughfare
of any kind or character whatever on May 10, 1985 from 3'00 P.M.
until 7:00 P.M. for the purpose of holding the Day of the Cougar
fundraising event.
SECTION II.
That the portion of the above described streets shall revert
back to the City for normal traffic activity immediately from
and after 7.00 P.M. on May 10, 1985.
SECTION III.
That this resolution shall take effect and be in full force
and effect from and after the date of its passage and approval.
PASSED AND APPROVED this the 16th day of April, 1985.
,/RI aARD O. TEWAR~'~,MAYOR-~'~f
ATTEST
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
1063L
RESOLUTION
WHEREAS, a majority of the Council will be out of the City of
Denton on May 7, 1985~ and it is necessary that the Council meeting
for such date be postponed until May 14, 1985, NOW~ THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON
SECTION I.
That the regular Council meeting to be held on May 7, 1985 be
postponed until May 14, 1985.
PASSED AND APPROVED this the 16th day of April, 1985.
ATTEST
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM'
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
RESOLUTION
BE IT ~ESOLVED BY THE COUNCIL OF THE CITY OF DENTON
SECTION I.
That~ is hereby appointed
as the o~t re~ut~ve of. cial Voting Rep the City of Denton to the
North Central Texas Council of Governments General Ass~bly for
1985-1986.
SECTION II.
This Resolution shall become effective from and after its date
of passage.
PASSED ~D APPROVED this the~__~dday of ~~__,1985'
T OFDE ON,TE2S
ATTEST:
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
RESOLUTION
WHEREAS, certain real property upon the Denton Municipal
Airport was leased to Jay D. Rodgers and Bruce Brown, a Texas
partnership, by lease agreement dated April 2, 1985, and
WHEREAS, the City o£ Denton and the lessees desire to amend
the lease agreement to remove the eastern boundary o£ the leased
property from a drainage d~tch and to ldentl£¥ a roadway
easement adjacent to and east of the leased premises, and
WHEREAS, the Airport Adwsory Board for the City of Denton
has recommended approval of the proposed airport lease
amendment, and
WHEREAS, the City Council of the City of Denton, Texas,
believes it to be in the interest of efficient a~rport
operations to approve such lease amendment, NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON
SECTION I.
The attached amendment to the airport lease agreement
between the City of Denton and Jay D. Rodgers and Bruce Brown
dated April 2, 1985 and also attached hereto, is hereby approved.
SECTION II.
The Mayor is hereby authorized to execute the attached lease
amendment on behal£ o£ the City and the City Secretary is hereby
directed to a£flx this resolution, with the executed lease
amendment attached, to the original airport lease agreement
dated April 2, 1985, inscribing on the original agreement the
fact it has been amended and the e££ect~ve date of such
amendment.
SECTION III.
That this resolution shall become effective immediately upon
~ts passage and approval.
PASSED AND APPROVED this the /~ day of ~, 1986.
ATTEST:
LOT~I~'ALLEN ,- 'C I TY ~S ECI~TAR ¥
O ENTON,* TEXAS q
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
THE STATE OF TEXAS S AMENDMENT TO AIRPORT LEASB AGREEMENT
BETWEEN THE CITY OF DENTON
COUNTY OF DENTON S AND JAY D, RODGERS AND BRUCE BROWN
WHEREAS, certain real property upon the Denton Municipal
Airport was leased to Jay D. Rodgers and Bruce Brown, a Texas
partnership, by lease agreement dated April 2, 1985, and
WHEREAS, the City of Denton and the lessees desire to amend
the lease agreement to remove the eastern boundary of the leased
property from a drainage ditch and to identify a roadway easement
ad3acent to and east of the leased premises, now, therefore,
WITNESSETH
The City of Denton, Texas, hereinafter referred to as
"Lessor" and Jay D. Rodgers and Bruce Brown, a Texas
partnership, hereinafter referred to as "Lessee", for and
consideration of the rents, covenants and conditions contained
herein, do hereby mutually agree that the airport agreement
between Lessor and Lessee dated April 2, 1985, is hereby amended
as follows
1. Paragraph A, LAND, of Section II, LEASED PREMISES,
amended to read as fol-~s:
A. LAND:
A tract of land, being approximately 164,390 square feet,
or 3.774 acres, drawn and outlined on Attachment AZ, incorporated
herein by reference, hav~ng the following metes and bounds
SEE ATTACHMENTS B1, C1 and D1 Incorporated herein by
reference
ATTACHMENT El, also incorporated herein by reference,
depicts Tract 2B as revised by this lease amendment relocating
the eastern boundary thereof to remove the leased premises from
a drainage ditch and identifying a roadway easement ad3acent to
and east of the premises leased herein.
Together with the right of ingress and egress to said
property, and the right, in common with others so authorized, of
passage upon the Airport property generally, sub3ect to reason-
able regulations by the City of Denton, and such rights shall
extend to Lessee's employees, passengers, patrons and lnvltees
For the purposes of this Agreement, the term "Premises"
shall mean al! property located within the metes and bounds
described above ~ncluding leasehold improvements constructed by
the Lessee, but not ~ncludlng certain easements or property
owned and/or controlled by the Lessor. The leased premises have
been d~vlded into three (3) tracts: Tracts i and 2A being
designated as Phase I, consisting of 95,660 square feet or 2.196
acres, and Tract 2E (Revised) being designated as Phase II and
consisting of §8,730 square feet or 1.578 acres, all as more
specifically described in Attachments Al, BI, C1, D1 and El,
incorporated herein by reference.
2. Paragraph A, LAND RENTAL, of Section IV, PAYMENTS~
RENTALS AND FEES, is amended to read as follows
A. LAND RENTAL:
Prior to the approval of Lessee's plans and specifications
for the initial leasehold improvements on Phase I of the leased
premises ("xnltlal Phase I improvements"), either as submitted
or with revisions, in accordance with the provisions of Article
VIII A(1) "Initial Plans" hereof, rental shall be due in monthly
installments in the sum of One Hundred Dollars ($100.00) in
advance on the first day of each month until Phase I plans are
approved. Upon the approval of plans for ~nltlal Phase I
improvements, rent shall immediately begin to accrue at the
higher rate specified below. Rent at the h~gher rate shall be
prorated based upon the number of days remaining ~n the month in
which plans were approved. Such prorated rental shall be due
within ten (10) days of the approval of plans Prorated rental
shall be in addition to the One Hundred Dollars ($100.00)
monthly rental previously paid for that month
After approval of the plans for Lessee's initial Phase I
improvements, but before approval of the plans for initial Phase
II improvements, rental shall be due and payable in the sum of
Six Thousand Six Hundred Ninety-Six and 20/100 Dollars
($6,696.20} per year, payable in twelve (12) equal monthly
installments in the sum of Five Hundred Fifty-eight and 02/100
Dollars ($558.02), in advance, on or before the first day of
each and every month until such time as plans for Phase II are
approved. Upon approval of the plans for initial Phase II
improvements, additional rental shall be due and payable in the
sum of Four Thousand Eight Hundred Eleven and 10/100 Dollars
($4,811.10) per year, payable in twelve (12) equal monthly
installments in the sum of Four Hundred and 93/100 Dollars
($400.93), for a total annual payment of Eleven Thousand Five
Hundred Seven and 30/100 Dollars ($11,S07.30) payable in twelve
AMENDMENT TO AIRPORT LEASE AGREEMENT--JAY D RODGERS AND BRUCE
BROWN/PAGE 2
(12) equal monthly installments of Nine Hundred Fifty-eight and
94/100 Dollars ($958.94). Notwithstanding the foregoing, the
lease rental is to be reduced by the product of seven cents
($0.07) per square foot times the number of square feet
comprising all easements established in accordance with Article
II(c).
3. Paragraph C, PAYMENT~ PENALTY ADJUSTMENTS, of Section IV,
PAYMENTS~ RENTALS AND FEES is hereby amended by inserting the
March,~ 1985 Consumer Price Index (CPI-U) of 335.6 in the blank
provided for that purpose.
IN WITNESS WHEREOF, the parties have executed this airport
lease amendment this day of , 1986.
PASSED AND APPROVED this the /~ day of ~,
1986
CITY OF DENTON, TEXAS, LESSOR
ATTEST.
~H]~RLOT~ 'ALLEN; C~ITY SI~CRE~[2~RY
L'q~Y OF~NTON, TEXAS M
APPROVED AS TO LEGAL FORM:
DEBRA ADA)II DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
JAY D. RODGERS, LESSEE
AMENDMENT TO AIRPORT LEASE AGREEMENT--JAY D. RODGERS AND BRUCE
BROWN/PAGE $
BRUCE BROWN, LESSEE
THE STATE OF TEXAS
COUNTY OF DENTON
Subscribed and sworn to before me this day of
, 1985 by Jay D. Rodgers.
NOTARY PUBLIC, STATE OF TEXAS
My Commission expires:
THE STATE OF TEXAS
COUNTY OF DENTON
Subscribed and sworn to before me th~s day of
, 1985 by Bruce Brown.
NOTARY PUBLIC, STATE OF TE×A~
My Commission expires:
AMENDMENT TO AIRPORT LEASE AGREEMENT--JAY D RODGERS AND BRUCE
BROWN/PAGE 4
ATTACHMENT "Al" TO CITY OF DENTON AIRPORT
LEASE Ab~NDME! WITH JAY D RODGERS AND
BRUCE BROWN, EXECUTED ON ,
1986
EAST Z~O 0
0
~ ~ = I00
PO
SEE ATTACHED METES AND SOUNDS
DESCRIPTION
SURVEY SKETCH SHOWING
TWO LEASE TRACTS
DENTON AIRPARK
DENTON COUNTY, TEXAS
o.*w. e* ~ . a COLEMAN ~ ASSOCIATE
Sc~ t , too SURVEYING
.Er*sRo ,)z ,~ ~s P 0 BOX 686
a)a ~a asls) 8 ~ a5 DENTON, TEXAS 7620,
O"AWlNG 8549& 817- 565-8215
LEASE TRACT 1
All th&~ certain tract o= parcel of land si=ua=ed in Den=on County,
Texas and bein~ a part of the Denton Airport more particularly
described as follows:
COmMENCiNG at an iron rod sat at a turn in a 8=ava1 road and being
No=th 37 De,tees OS Minutes OO Seconds [4est a distance of 19SO.8
feet from a fence cc=ne= in the South line of F.H. 1515 a= the
reco~nized Northwest Corner of the tract described in =he Deed
to P.F. Brash recorded in volume ~27 pa~e 183 of the Deed Records
of Denton County,Texas~ =he sa~d £ron rod being 750 fee= from,
measured perpendicular to~ the cents=line of =he main runway,
THENCE North 750 feet from and parallel with the said can=arlene,
a distance of 280.0 fee= to the PLACE OF BEGINNING and be~n~ the
So,thweSt Corner of =he herein described trac~,
THENCE North con=inuinK 750 feet from and parallel with the sa~d
cents=line a distance of 190 feet to an £ron rod set fo= =he Nor=h-
west Co=ne= of tbs herein described =ract~
THENCE East a distance of 175.0 fee= to a coin= fo= =he Northeast
Corner of the herein described tract,
THENCE South 925 feet from and parallel with ~he cents=line of the
said runway a dis~ance of 290.0 fee~ to a Do,mt for =he Southeast
Co=ne= of the herein described tract~
THENCE West a distance of 17~.0 fee~ ~o =he PLACE CE BEGINNING and
enclosin{ 1.~65 ac=es (50,750 sou&re feet) of land.
These Field Notes, with accompanyin~ sketch, were prepared from a
survey ~made on the ground under my direction and supervision.
W~lllam H. Coleman R.P.S. No. 4001 Date
ATTACHI4ENT "BI" TO CITY OF DENTON AIRPORT LEASE AMENDMENT WITH
JAY D RODGERS AND BRUCE BROWN, EXECUTED ON
1986
LEASE TRACT 2 A
All th&t certain traot or paroel of land s£tuated in Denton County,
Texas and bein$ a part of the Denton Airoort more Pert£cularl¥
described as follows=
BEGINNING for the Southwest Corner of the tract being described
herein, at an iron rod set at a turn in a ~ravel road and being
North 37 Degrees 08 Minutes OOSeconds West a distance of 1940.8 feet
from a fenoe corner in the South line o~ F.M. 1515 at the reco~nized
~orth~est Corner of the tract described in the Deed ~rom P.F. ~reen
recorded In volume 127 pass 183 of the Deed Records of Denton Count~,
Texas, the said iron rod being 750 feet from, measured ~erpend~c~l~
to~the centerl£ne of the mai~ run~ay~
THENCE North 7~0 feet from am parallel ~ith the said centerl~ne a
distance of 280.0 feet to & point ~or t~e Northwest Corner of the
herein described tract~
THENCE East a distance of ~7~o0 feet to a point for the Northeast
Corner of the herein described
THENCE South 925 feet ~rom and parallel ~ith the centerline of said
runwa~ a distance o~ 233.25 feet to a point ~or t~e Southeast Corner
of the heFein described tract end being ~n ~e ~est line of the
road 25 feet Norther~ from the occupied centerline thereof,
THENCE Sou~h 75 De,tees 02 Minutes 30 Seconds ~est ~th the West
of the said ~oad a d~$tance o~ ~8~.1~ ~eet to the ?LACE OF
and enclos£n{ ~.0~ ac~es ~ 4~,~0 square ~eet ) of ~and.
These Field Notes, ~ith accompanying sketch, were prepared from a
survey made on the ~round under my direction and supervls~on
Wm. M. Coleman R.P.S. No. ~OO1 Date
ATTACHMENT "Ci" TO CITY OF DENTON AIRPORT LEASE AMENDMENT WITH
JAY D RODGERS AND BRUCE BROWN, EXECUTED ON .,
1986.
Lease Tract 2 B ( Revised )
Ail that certain tract or parcel of land situated in Denton County, Texas
and being a part of the Denton% Airport more particularly described as follows.
CO~[,]ENCING at an iron rod set at a turn ~n a gravel road and being North 37
Degrees 08 Mlnuto$ OO %oconds We~t ~ dls~nce of 1940 8 feet from a fence corner
in the ~outh llno of ¥.M 1515 a! tho rocogn]?ed Northwest Corner of the
tract descrtbed 3n the Deed to I'.~ ]lreen ~ccotdcd in Volume 127 Page 183
of the Deed Records of Denton County, Texas, the said Iron rod being 750 feet from,
measured perpendicular to, 1ho colorline of the main runway,
THENCE North 75 Degrees 02 b[lnutes 30 Seconds !asr with the West line of said
road a distance of 181 ]/~ [ne| to thn PIACI O]' III"GINNING gild being the Southwest
Corner of teh herein described tract,
THENCE North 925 feet from and parallel with the ~unway centerllne a distance
of 523.25 feet to an iron rod set for the No~ thwest Corner of the herein descr%bed
tract,
THENCE East a distance of 30.68 Joet to ~n ~on tod set for thc Northeast Corner
of the herein described tract,
THENCE South 24 Degrees 00 M~nutes 45 Seconds ?%st a distance of 503 87 feet to an
iron rod set for the Southeast Corner of the herein described tract, In the West
line of the said gravel road, 25 feet Northerly flora the occupied centerllne
therof,
THE\CE South 75 Degrees 02 Minutes 30 Seconds West w~th the West line of the
sa~d road a distance of 243 99 feet to the P[~CI O1 B?GINNING and enclosing 1 573
acres ( 68,730 7 square foe~ ) of ]and
These Field Notes, with accompanying ske[ch, we[e prop%red £] om a survey made on
the ground undn] my dlrec|loll and supervision
~ ~llla~ x! Coleman [{ P $ No 400] Date
3ob# 85762
ATTACHMENT "Di" TO CITY OF DENTON AIRPORT LEASE AMENDMENT WITH
JAY D. RODGERS AND BRUCE BROWN, EXECUTED ON
1986
ATTACHI[ENT "F'" TO CITY OF DENTON
AIRPORT LEAS~ .e{ENDMENT WITH JAY D.
KODGERS AND BRUCE BROWN DATED
, 1986.
\
o,~ t.e ~are~.d s.,ve m~ee ,~985 SEE ATTACHED METES AN D BOUNDS
~'* SKETCH SHOWING
TRACT 2B REVISED
DENTON AIRPARK
DENTON COUNTY , TEXAS
ORAWN ~Y ~ COLEMAN & ASSOCIAT
~CAL~ ~ :~ SURVEYING
.rv*s~o ,) P 0 BOX 686
~) J~) DENTON, TEXAS
1039L
AIRPORT LEASE AGREEMENT
COMMERCIAL OPERATOR
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS'
COUNTY OF DENTON §
1985, at Denton, Texas, by and between the City ~n,
Municipal Corporation, hereinafter referred to as "Lessor", and
Jay D. Rodgers and Bruce Brown, a Texas Partnership, having its
principal offices at 900 Austin Street, Denton, Texas, hereinafter
referred to as "Lessee".
WITNESSETH
Wq{EREAS, Lessor now owns, controls and operates the Municipal
Airport (Airport) in the City of Denton, County of Denton, State
of Texas; and
WHEREAS, Lessee desires to lease certaLn premises on saLd
airport and construct and maintain an aircraft hangar and related
aviation facilities thereon, and
NOW, %~{EREFORE, in consideration of the premises and the
mutual covenants contained in this Agreement, the parties agree as
fo 1 lows:
I. CONDITIONS OF AGREEMENT
NOTWITHSTANDING A1TY LANGUAGE TO THE CONTt~ARY HEREINAFTER CONTAINED,
THE LARGUAGE IN PARAGR~tPHS A THROUGH D OF THIS SECTION SHALL BE
BINDING.
A. Principles of Operations
The righ~ to conduct aeronautical activities for furnishing
services to the public is granted the Lessee subject to Lessee
agreeing:
1. To furnish said services on a fair, equal and not
unjustly discriminatory basis to all users thereof; and
.2. To charge fair, reasonable and not unjustly discrimina-
tory prices for each unit or service, provided, that the
lessee may be allowed to make reasonable and nondiscrim-
inatory discounts, rebates, or other similar ~ypes of
price reductions to volume purchasers.
PAGE i
B. ~pn-Discrimination
The Lessee, for himself, his personal representatives~
successors in interest, and assigns~ as a part of the consideration
hereof, does hereby covenant and agree as a covenant running with
the land that.
1. No person on the 8rounds of race, religion, color, sex,
or national origin shall be excluded from participation
in, denied the benefits of, or be otherwise subjected to
discrimination in the use of said facilities,
2. In the construction of any improvements on, over, or
under such land and the furnishing of services thereon,
no person on the 8rounds of race, religion, color, sex,
or national origin shall be excluded from participation
in, denied the benefits of, or otherwise be subjected to
discrimination,
3. The Lessee, shall use the premises in compliance with
all other requirements imposed by or pursuant to Title
49, Code of Federal Regulations, Department of Trans-
portation, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination in Federally Assisted Programs of the
Department of Transportation-Effectual of Title VI of
the Civil Rights Act of 1964, and as said Regulations
may be amended.
That in the event of breach of any of the above non-
discriminatory covenants, Lessor shall have the ri§hi to terminate
the Lease and to re-enter and repossess said land and the
facilities thereon, and hold the same as if said Lease had never
been made or issued. This provision does not become effective
until the procedures of 49 CFR Part 21 are followed and completed
including expiration of appeal rights.
C. Right of Individuals to Maintain Aircraft
It is clearly understood by the Lessee that no right or
privilege has been granted which would operate to prevent any
person, firm or corporation operating aircraft on the airport from
performing any services on its own aircraft with its own regular
employees (including, but not limited to, maintenance and repair)
that it may choose to perform.
D. Non-Exclusive Right
It is understood and agreed that nothing herein contained
shall be construed to grant or authorize the granting of an
PAGE 2
exclUSiVe right within the meaning of Section 1349 of Title 43,
U.S.C.A.
E. Public Areas
1. Lessor reserves the right to further develop or improve
the landing area of the airport as it sees fit, regardless of the
desires or views of the Lessee, and without interference or
hindrance.
2. Lessor shall be obligated to maintain and keep in repair
the landing area of the airport and all publicly owned facilities
of the airport, together with the right to direct and control all
activities of Lessee in this regard.
3. During time of war or national emergency, Lessor shall
have the right to lease the landing area or any part thereof to
the United States Government for military or naval use, and, if
such lease is executed, the provisions of this instrument insofar
as they are inconsistent with the provisions of the lease to the
Government, shall be suspended.
4. Lessor reserves the right to take any action it considers
necessary to protect the aerial approaches of the airport against
obstruction, together with the right to prevent Lessee from
erecting, or permitting to be erected, any building or other
structure on or adjacent to the airport which, in the opinion of
the Lessor, would limit the usefulness or safety of the airport or
constitute a hazard to aircraft or to aircraft navigation.
5. This Lease shall be subordinate to the provisions of any
existing or future agreement between Lessor and the United States
or agency thereof, relative to the operation or maintenance of the
Airport.
II. LEASED PREMISES
Lessor, for and in considerations of the covenants and agree-
ments herein contained, to be kept by Lessee, does hereby demise
PAGE 3
and lease unto Lessee, and Lessee does hereby hire and take from
Lessor, the following described land situated in Denton County,
Texas:
A. LAND:
A tract of land, being approximately 180,640 square feet, or
4.147 acres, drawn and outlined on Attachment A, incorporated herein
by reference, having the following metes and bounds:
SEE ATTACHMENTS B, C and D incorporated herein by reference.
Together with the right of ingress and egress to said pro-
perry, and the right, in common with others so authorized, of
passage upon the Airport property generally, subject to reasonable
regulations by ~he City of Denton, and such rights shall extend to
Lesseets employees, passengers, pa=tons and lnvitees.
For the purposes of this Agreement, 2he term "Premises" shall
mean all property located within the metes and bounds described
above including leasehold improvements constructed by the Lessee,
but not including certain easements or property owned and/or con-
trolled by the Lessor. The leased premises have been divided into
~hree (3) tracts: Tracts 1 and 2A being designated as Phase
consis=ing of 95,660 square feet or 2.196 acres, and Tract 2B being
designated as Phase II and consisting of 84,980 square feet or
acres, all as more specifically described in Attachments A, B, C
and D, incorporated herein by reference.
B. IMPROVEMENTS PROVIDED BY LESSOR:
NONE: There will be no improvements provided by Lessor,
except as set forth in Article ~I D "Access to Utilities" below.
For the purpose of this agreement, the term "Lessor improve-
ments" shall mean those things on the leased premises belonging to,
constructed by, or to be constructed Oy the Lessor, which enhances
or increases, or will enhance or increase, the value or quality of
the leased land or property. Unless otherwise noted herein, all
Lessor improvements are and will remain the property of the Lessor.
All Lessor improv~nents must be described in detail above, or above
PAGE 4
referenced and attached to this asreement in an exhibit approved by
the Lessor.
C,. EASEMENTS
Lessor and Lessee by mutual asreement may establish on the
leased premises easements for public access on roads and taxiways.
D. ACCESS TO UTILITIES
Lessor represents that there are water, and 3-phase elec-
tricity lines within three hundred feet (300') of the leased
premises available to "tap-in" by Lessee, and that the same are
sufficient for usual and customary service on the leased premises.
III. TERM
The term of &his Agreement shall be for a period of twenty-five
(25) years, commencing on the 1st day of May, 1985, and continuinS
through the 30th day of April, 2010, unless earlier terminated under
the provisions of the Agreement. Lessee shall have the first right
of refusal to renegotiate this lease for three (3) additional five
year ~eriods at rentals and terms mutually agreed upon by the
Lessor and Lessee without resard for or considering the then cost
of living index. Lessee's election to renego~iate this Lease shall
be in writing addressed to the City Manager at least one hundred
eighty (180) days before the expiration of the primary term of
twenty-five (25) years and at least 1S0 days before the expiration
of each additional renegotiated period. The rental and terms to be
nesotiated shall be reasonable and consistent with the then value,
rentals and terms of similar property on the Airport. Lessee's
first right of refusal to renegotiate this lease shall expire upon
the end of the last day of the primary term of twenty-five (25)
years and the last day of each additional renesotiated period.
IV. PAYMENTS~ RENTALS AND FEES
Lessee convenants and agrees to pay to Lessor, as consider-
ation for this lease, the following payments, rentals and fees.
A. LAND KENTAL
Prior to the approval of Lessee's plans and specifications
PAGE 5
for the initial leasehold i~provements on Phase I of the leased
premises ("initial Phase I improvements"), either as submitted or
with revisions, Un accordance with the provisions of Article VIII
A(1) "Initial Plans" hereof, rental shall be due in monthly install-
merits in the sum of One Hundred Dollars ($100.00) in advance on the
first day of each month until Phase I plans are approved. Upon the
approval of plans for initial Phase I improvements, rent shall £m-
mediately bes£n to accrue at the h£gher rate specified below. ~ent
at the hisher rate shall be prorated based upon the number of days
remainin8 in the month in which plans were approved. Such prorated
rental shall be due within ten (10) days of the approval of plans.
Prorated rental shall be in addition to the One Hundred Dollars
($100,00) monthly rental previously paid for that month.
After approval of the plans for Lessee's initial Phase I
zmprovements, but before approval of the plans for initial Phase II
improvements, rental shall be due and payable zn the sum of Szx
Thousand Six Hundred Ninety-Six and 20/100 Dollars ($6,696.20) per
year, payable in twelve (12) equal monthly ~nstallments in the sum
of Five Hundred Fifty=Eisht and 02/100 Dollars ($558.02), in
advance, on or before the firs~ day of each and every month until
such time as plans for Phase II are approved. Upon approval of the
plans for initial Phase II improvements, additional rental shall be
due and payable in the sum of Five Thousand N~ne Hundred Forty-Eight
and 60/100 Dollars ($5,948.60) per year, payable in twelve (12)
equal monthly installments in the sum of Four Hundred Ninety-Five
and 72/100 Dollars ($495.72), for a total annual payment of Twelve
Thousand Six Hundred Forty-four and 80/100 Dollars ($11,644.80) pay-
able in twelve (12) equal monthly installments of One Thousand
Fifty-three and 74/100 Dollars ($1,053.74). Notwithstandin8 the
foregoins~ the lease rental is to be reduced by the product of seven
cents ($.07) per square foot times the number of square feet com-
prisin8 all easements established in accordance with Article II(c).
PAGE 6
B. LESSOR IMPROVEMENTS RENTALS
NONE: There are no Lessor improvements on the leased
premises.
C, PAYMENT~ PENALTY~ ADJUSTMENTS:
Ail payments due Lessor from Lessee shall be delivered to
the Airport Manager, unless otherwise designated in writing by the
Lessor. Payments which are more than 15 days past due shall be
assessed a penalty of one-half (1/2) of one percent per day,
compounded daily, for each day or fraction thereof which the
payment or fee is more than 15 days past due. The yearly rental
for land and improvements herein leased shall be readjusted at the
end of each five (5) year period during the term of this lease on
the basis of the proportion that the then current United States
Consumer Price Index, All Urban Consumer (CPI-U) for Dallas/Fort
Worth, Texas, as compiled by the U.S. Department of Labor, Bureau
of Labor Statistics bears to the March, 1985 index which was
~ ~ (1967 = 100). The original land rental amount (after
approval of Phase II improvement plans) is based upon seven cents
($.07) per square foot for the land herein leased. However, in no
even= shall any of three adjustment increases or decreases exceed
fifty percent (50%) of the original rental, in the case of the
first adjustment, or the previous adjustment, in the case of
subsequent adjustments, each time.
These four (4) rental adjustments, if any, shall occur on
the following dates:
May l, 1990 May l, 2000
May l, 1995 May l, 2005
V. RIGHTS AND OBLIGATIONS OF LESSEE
A. USE OF LEASED PREMISES
Lessee is granted the non-exclusive privilege to engage in
or provide the following:
PA~E 7
1. Han~ar Leases and Rental. The rental or lease of hangars
and ~anSar space and related facilities upon =he leased
premises.
2. Office Space Lease or Rental. The rental or lease of
o=£1ce space in or ad]olnln8 Lessee's hangars.
3. Aircraft Storage ~Yn Tie Down. To provide perkins,
storage and tie service, for both Lessee's and
itinerant aircraft upon or within the leased premises.
Lessee, his tenants and sublessees shall not be authorized
to conduct any services not specifically lis=ed in this agree-
ment. The use of the lease premises of Lessee, his tenants or
sublessees shall be limited to only those private, commercial,
re=ail or industrial activities havin8 to do with or related to
airports and aviation. No person, business or corporation may
operate a commercial, retail or industrial business upon the pre-
mises of Lessee or upon the Airport without a lease or license from
Lessor authorizing such commercial, retail or industrial activity
The Lessor shall not unreasonably withhold authorization to conduct
aeronautical or related services.
B. STANDARDS
Lessee shall meet or exceed the following standards
1. Address. Lessee shall file with the Airport Manager and
eep~-~--'~urrent its mailin8 address, telephone number(s)
and contacts where he can be reached in an emergency.
2. List. Lessee shall file with the Airport Manager and
e~'~ current a list of its tenants and sublessees's.
3. Conduct. Lessee shell contractually require its
emp--~-~rs and sublessees (and sublessee's invitees) to
abide by the terms of this asreemen=. Lessee shall
promptly enforce its contractual rights in the event of
a default of such covenants.
4. Utilities! Taxes and Fees. Lessee shall ueet all
expenses and payments in connection with the use of the
Premises and the rights and privileges herein granted,
including the timely payment of utilities, taxes, permit
fees, license fees and assessments lawfully levied or
assessed.
5. Laws. Lessee shall comply with all current and future
i~d'~ral, state and local laws, rules and regulations
which may apply to the conduct of business contemplated,
including rules, reSulations and ordinances promulgated
by Lessor, and Lessee shall keep in effect and post in a
prominent place all necessary and/or required licenses
Or permits.
PAGE 8
6. Mpintenance of Property. Lessee shall be responsible
£or the maintenance, repair and upkeep of all property,
buildings, structures and improvements, including the
mowing or elimination of grass and other vegetat£on on
the Premises, and shall keep said Premises neat, clean
and in respectable condition, free from any
objectionable matter or thing.
7. Unauthorized use of premises. Lessee may not use any of
the leased land or premises for the operation of a motel,
hotel, restaurant, private club or bar, apartment house,
or for industrial, commercial or retail purposes, except
as authorized herein.
8. Dwellin~s. It is expressly understood and agreed =hat
no permanent dwelling or domicile may be built, moved to
or established on or within the leased premises nor may
the lessee, his tenants, invitees, or guests be permitted
to reside or remain as a resident on or within the leased
premises or other airport premises.
9. quit Possession. Lessee shall quit possession of all
premises leased herein at the end of the primary term of
this lease or any renewal or extension thereof, and
deliver up the premises to Lessor in as good condition
as existed when possession was taken by Lessee, reason-
able wear and tear excepted.
10. Hold Harmless. Lessee shall indemnify and hold harmless
the Lessor from and against all loss and dams§es,
including death, personal injury, loss of property or
other damages, arisin$ or resulting from the operation
of Lessee's business in and upon the leased premises.
11. Chemicals. Lessee agrees to properly store, collect and
dispose of all chemicals and chemical residues, to
properly store, confine, collect and dispose of all
paint, including paint spray in the atmosphere, and
paint products; and to comply with all Local, State and
Federal regulations governing the storage, handling or
disposal of such chemicals and paLn=s.
D. SIGNS
Durin8 =he term of this Asreemen=, Lessee shall have the
right~ at its own expense, to place in or on the lease Premises
signs identifying lessee. Said signs shall be of a size, shape
and design, and at a location or locations, approved by the Lessor
and in conformance with any overall directional graphics or sign
program established by Lessor on the Airport. Lessor's approval
shall not be withheld unreasonably. Said signs shall be maintained
in good repair throughout the term of this agreement. Notwith-
standing any other provision of this agreement, said signs shall
remain =he property of Lessee. Lessee shall remove, at its
PAGE 9
expense, all ~eCtering, signs and placards so erected on the
premises at =he expiracion of =he term of this Agreement or
extensions thereof.
VI. COVENANTS BY LESSOR
Lessor hereby agrees as follows:
A, Peaceful Enjoyment. Tha= on payment of rent, fees, and
performance of the covenants and agreements on the pert of Lessee
to be performed hereunder, Lessee shall peaceably hold and enjoy
the leased premises and ell rights and privileges herein granted;
B. Compliance. Lessor warrants and represents that in the
establishment, construction and operation of said Denton Municipal
Airport, =hat Lessor has heretofore and at this time is complying
with all existing rules, re§ula=ions, and criteria distributed by
the Federal Aviation Administration, or any other governmental
authority relating to and including, but not limited to, noise
abatement, air rights and easements over adjoining and contiguous
areas, over-fligh= in landing or takeoff, to the end that Lessee
will not be legally liable for any action ot trespass or similar
cause of ac=ion by virtue of any aerial operations over adjoining
property in the course of normal take-off and landing procedures
from said Denton Municipal Airport, Lessor further warrants and
represents that a= all times during the term hereof, or any
renewal or extension of same, that it will continue to comply with
~he forego£n~.
VII. SPECIAL CONDITIONS
It is expressly understood and agreed by and between Les8or
and Lessee that this lease asreement is subject to the following
special terms and conditions:
A. Runways and Taxiwa[s. That because of the present sixty
thousand (60,000) pound continuous use weight bearing capacity of
the runway and taxiways of =he Airport, Lessee herein aSrees =o
limit all aeronau~ical activity includin~ landing, rake-off and
PAGE 10
taxiing, to aircraft having an actual weight, including the weight
of its fuel, of sixty thousand (60,000) pounds or less, until such
time chat the runway and designated taxiways on the Airport have
been improved to handle aircraft of such excessive weights. It is
further agreed that, based on qualified engineering studies, the
weight restrictions and provisions of this clause may be adjusted,
up or down, and that the Lessee agrees to abide by any such
changes or revisions as such studies may dictate. "Aeronautical
Activity" referred to in this clause shall include that activity
of the Lessee or its agents or subcontractors, and its customers
and invitees, hut shall no= include those activities over which it
has no solicitory part or control, such as an unsolicited or
unscheduled or emergency landing. A pattern of negligent dis-
regard of the provisions of this section shall be sufficient
cause the immediate termination of this entire Agreement and
subject the Lessee to be liable for any damages to the Airport
that might result.
VIII. LEASEHOLD IMPROVEMENTS
A. REQUIRED IMPROVEMENTS:
As part of ~le consideration for =he privilege herein
granted, Lessee is required to and hereby agrees to construct or
ot~erwise make improvements to the premises, as specified herein,
but not limitee to, the following:
1. Three aircraft han~rs not less than 50 X 60 feet in size
("initial Phase I provements").
2. Related aircraft ramps and taxiways.
3. Related vehicle roadways (gravel).
Lessee shall provide Lessor with tentative plans for the
development of the entire premises herein leased together with a
tentative time table or schedule for said development. Should
said development not occur within the specific time limits
mutually agreed upon by and between Lessor and Lessee, Lessor
shall have to option to cancel the lease on all non-developed
PAGE ll
portions of said lease after a thirty (30) day written notice to
Lessee to cure such a default.
1. In£=ial Plans. Lessee agrees that it shall, within ninety
(90) calendar days from the date of this Agreement, submit to the
Lessor, for approval, detailed plans and specifications for the
above listed initial Phase I proposed leasehold improvements.
Lessor agrees that it shall either approve the plans and speczfica-
Lions as submitted, or transmit proposed revisions to Lessee, within
for=y-five (45) calendar days of receipt of the plans and specifi-
cations from Lessee. In the event that Lessor requires revisions
of =he original plans and specifications, Lessee shall have forty-
five (45) calendar days from the date of receipt of the proposed
revisions to resubmit =he plans and specifications for Lessor's
approval. Such approval shall no= be withheld uL~rea~onably. Con-
s=ruction shall commence within one hundred-eigaty (180) calendar
days of Lessee's receipt of Lessor's final approval of the plans
and specifications, and shall be scheduled for completzon not later
than three hundred-sixty (360) calendar days after commencement of
construction.
2. Phase II Plans. Lessee agrees that it shall, within three
hundred-sixty (360) calendar days from =he date of this Agreement,
submit =o the Lessor, for approval, detailed plans and speciflca-
tlons for the initial Phase II proposed leasehold improvements.
Lessor agrees =hat it shall either approve the plans and specifica-
tions as submit=ed, or transmit proposed revisions to Lessee, within
forty-five (45) calendar days of receipt of =he plans and specifi-
cations from Lessee. In the event =hat Lessor requires revisions
of =he original plans and specifications, Lessee shall have forty-
five (45) calendar days from the date of receipt of the proposed
revisions =o resubmit =he plans and specifications for Lessor's
approval. Such approval shall no= be withheld unreasonably. Con-
struction shall commence wi=bin ninety (90) calendar days of
PAGE 12
Lesaee's receipt of Lessor's final approval of the plans and specl-
fications, and shall be scheduled for completion not later than
three hundred-sixty (360) calendar days after commencement of
construction.
B. ADDITIONAL ~EqUIKEMENTS.
Before commencing the construction of any improvements upon
the premises, Lessee shall submit
1. Documentation, specificatzons, or design work, to be
approved by the Lessor, which shall establish that the
improvements to be built or constructed upon the lease
premises are in conformance with the overall size, shape,
color, quality and design, in appearance and structure,
of the program established by the Lessor on the Airport
2. All plans and specifications showing the location upon
the premises of the proposed cons~ruction,
3. The estimated cost of such construction.
No construction may commence until Lessor, acting by ~ts City
Council, has approved the plans and specifications and the location
of the improvements, the estimated costs of such construction, and
the agreed estimated life of the building or structure. Approval
by tnt City Council shall not be unreasonably withheld, should the
Council fail to deny Lessee's plans and spec~fications within sixty
(60) days of ~ubmission thereof to the Council, such plans and
specifications shall be deemed approved. Documentary evidence of
the actual cost of construction on public areas only (such as taxi-
ways) shall be delivered by Lessee to Lessor's City Manager from
time to time as such coats are paid by Lessee, and Lessor's City
Manager is hereby authorized to endorse upon a copy of this lease
filed with the City Secretary of Lessor such actual amounts as he
shall have found to have been paid by Lessee, and the findings of
the City Manager when endorsed by him upon said contract shall be
conclusive upon all parties for all purposes of this agreement.
C...AD. DITIONAL CONSTEUCTION OR IMPROVEMENT~:
Lessee is hereby authorized to construct upon the land
herein leased, at its own cost and expense, buildinss, hansars,
PAGE 13
and structures, that Lessor and Lessee mutually asree are neces-
sary £or use in connection with the operations authorized by this
lease, provided however, before commencing the construction o£ any
improvements upon the premises, Lessee shall submit plans and
specifications as specified in Article VII (B) above.
D. O~NERSHIP OF IMPROVEMENTS:
All buildings and improvements constructed upon the
premises by Lessee shall remain the property of Lessee unless said
property becomes the property of Lessor under the following
conditions, terms and provisions
1. Removal of Bulldin~s. No building or permanent fixture
may be removed from the premises.
2. Assumption. All buildings and improvements of whatever
nature remaining upon the leased premises at the end of
the primary term, or any extension thereof, of this
lease shall automatically become the property of Lessor
absolutely in fee without any cost to Lessor.
3. Buildin~ Life. It is agreed that the life of =he
building to be constructed by Lessee on ~he property
herein leased is twenty-five (25) years.
4. Cancellation. Should this lease be cancelled for any
reason before the end of the twenty-five (25) year term,
it is especially understood and agreed that Lessor
reserves the right to purchase all buildings, structures
and improvements then existing upon the premises by
tendering to Lessee one-twenty-fifth (l/25) of the
undepreciated value of such building for each year
remaining on the agreed life of such building. The
undepreciated value of all improvements is to be
determined by having such improvements appraised by
three appraisers, one appointed by Lessor, one appointed
by Lessee and one appointed by the two appraisers.
IX. SUBROGATION OF MORTGAGEE
Any person, corporation or institution that lends money to
Lessee for construction of any hangar, structure, building or
improvement and retains a security interest in said hangar,
structure, building or improvement shall, upon default of Lessee'
obliga=ions to said mortgagee, have the righ= to enter upon said
leased premises and operate or manage said hangar, structure,
building or improvement according to the terms of this Agreement,
for a period not to exceed the term of the mortgage with Lessee,
PAGE
or until the loan is paid in full, whichever comes first, but in
no event longer than the term of this lease. It is expressly
understood and agreed that the right of the mortgagee referred to
herein is limited and restricted to those improvements constructed
with funds borrowed from mortgagee.
X. RIGHT OF EASEMENT
Lessor shall have the right to establish easements, at no cost
to Lessee, upon the leased ground space for the purpose of pro-
riding underground utility services to, from or across the airport
property or for the construction of public facilities on the
Airport. However, any such easements shall not interfere with
Lessee's use of the leased premises and Lessor shall restore the
property to its original condition upon the installation of any
utility services on, in, over or under any such easement or the
conclusion of such construction. Construction in or at the
easement shall be completed within a reasonable time
XI. ASSIGNMENT OF LEASE
Lessee expressly covenants that it will not assign this
lease, convey more than ten percent (10~) of The interest in its
business, through the sale of stock or otherwise, transfer,
license, nor sublet the whole or any part of the said premises for
any purpose, except for rental of hangar space or tie-down space,
without the written consent of Lessor. Lessor agrees thaC it will
not unreasonably withhold i~s approval of such sale, sublease,
transfer, license, or assignment of the facilities for airport
related purposes; provided however, that no such assignment,
sublea,se, transfer, license, sale or otherwise shall be approved
if the rental, fees or payments, received or charged are in excess
of ~he rental or fees paid by Lessee to Lessor under the terms of
this lease, for such portion of the premises proposed to be
assigned, subleased, transfered, licensed, or otherwise. The pro-
visions of this lease shall remain binding upon the assignees, if
any, of Lessee.
PAGE 15
XII. INSURANCE
A. Required Insurance. Lessee shall maintain continuously in
effect at all times during the term of this agreement, at Lessee's
expense, the following insurance coverages:
1. Comprehensive General Liability covering the leased
premises, the Lessee or its company, its personnel and
its operations on the airport.
2. Aircraft Liability to cover all flight operations of
lessee.
3. Liability coverage for errors and ommissions on the part
of the Lessee or its officials.
4. Fire and extended coverage for replacement value for all
facilities used by the Lessee either as a part of this
agreement or erected by the lessee subsequent to this
agreement.
5. Liability insurance limits shall be in the following
minimum amounts:
Personal injury: $500,000 per person/
$1,000,000 per occurrence
Property damage: $2,000,000 per occurrence.
6. All policies shall name the City of Denton as an
additional named insured and provide for a minimum of
thirty (30) days written notice to the City prior to the
effective date of any cancellation or lapse of such
policies.
7. All policies must be approved by the Lessor.
8. The Lessor shall be provided with a copy of all such
policies.
XIII. CANCELLATION BY LESSOR
In the event that Lessee shall file a voluntary petition in
bankruptcy or proceedings in bankruptcy shall be instituted
against it and Lessee thereafter is adjudicated bankrupt pursuant
to such proceedings, or any court shall take Jurisdiction of
Lessee and its assets pursuant to proceedings brought under the
provisions of any Federal reorganization acts or Lessee shall be
divested of its estate herein by other operation of law; or Lessee
shall fail to perform, keep and observe any of the terms,
covenants, or conditions herein contained, or on its part to be
perfomaed, the Lessor may give Lessee written notice to correct
such conditioQ or cure such default and, if any condition or
PAGE 16
default shall continue for thirty (30) days after the receipt of
such notice by Lessee, then Lessor may, terminate this lease by a
written notice to Lessee. In the event of default, Lessor has the
right to purchase any or all structures on the leased premises
under the provisions of Section VIII Paragraph D (Cancellation)
hereof.
XIV. ~ANCELLATION BY LESS~
Lessee 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, upon or after the happening of
any one of the following events: (1) issuance by any 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, (2) the breach by Lessor of any of
the covenants or agreements contained herein and the failure of
Lessor to remedy such breach for a period of ninety (90) days
after receipt of a written notice of the existence of such
breach; (3) the inability of lessee 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 appropriate
governmental authority having Jurisdiction over the operations of
Lessor or due to war, earthquake or other casualty, or (4) the
assumption or recapture by the United States Government or any
authorized agency thereof the maintenance and operation of said
airport and facilities or any substantial part or parts thereof.
Upon the happening of any of the four events listed in the
preceding paragraph, such that the leased premises cannot be used
for aviation purposes, then Lessee may cancel this lease as
aforesaid, or may elect to continue this lease under its terms
except however that the use of the leased premises shall not be
limited to avia=ion purposes, their use being only limited by such
laws and ordinances as may be applicable at that time.
PAGE 17
XV. MISCELLANEOUS PROVISIONS
A. Entire A~reemenc. This Asreement constitutes the entire
understanding between the parties and as of its effective date
supersedes all prior or independent A~reements between the parties
covering the subject matter hereof. Any change or modification
hereof shall be in writing signed by both parties.
B. Bindin~ Effect. All the covenants, stipulations and
agreements herein shall extend to, bind and inure to the benefit
of the legal representatives, successors and assigns of the
respective parties hereto.
C. Severability. If a provision hereof shall be finally
declared void or illegal by any court or administrative agency
having Jurisdiction, the entire Agreement shall not be void, but
the remaining provisions shall continue in effect as nearly as
possible in accordance with the original intent of the parties.
D. Notice. Any notice given by one party to the other in
connection with this A~reement shall be in writing and shall be
sent by registered mall, return receipt requested, with postage
and registration fees prepaid:
1. If to Lessor, addressed to:
City Manager
City of Denton
Denton, Texas 76201
2. If to Lessee, addressed to:
Mr. Jay D. Rodgers Mr. Bruce Brown
Rt. 3, Box 600 Rt. 3
Roanoke, Texas 76262 Roanoke, Texas 76262
Notices shall be deemed to have been received on the date
of receipt as shown on the return receipt.
E, Headin~s. The headings used in this Asreemen= are intended
for convenience of reference only and do not define or limit the
scope or meaning of any provision of this Agreement.
F. Governin~ Law. This A~reement is Co be construed in
accordance with =he laws of the State of Texas.
PAGE
IN WITNESS WHEREOF, the par=ies have execu=ed =h~s Asreemen=
as of =he day and year firs= above wri==en.
CITY OF DENTON, TEXAS, LESSOR
ATTEST:
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRAADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
T.E STATE TEXAs
COUNTY OF DENTON §
ThSs ~nstru~en~ was acknowledged before me on ~he ~_f.~__~day
of _~ , 1985 by Jay R. Rodgers.
~y Cou~.s~on .~v~res:~_~,~L~
TNE STATE O~ TU*S ~
CO~TY O~ DENTON ~
= was acknowledged before me on theJ~9~ day
of ~985 by Bruce Brown.
PAGE
AND BRUCE B~WN
1985
0
~ ~. 1 N
O I 1~ A~
N s I00'
~ 0
~EE ATTACHEO METES AND BOUNDS
DESCRIPTION
SURVEY SKETCH SHOWING
TWO LEASE TRACTS
DENTON AIRPARK
DENTON COUNTY, TEXAS
~ COLEMAN ~ ASSOCIATES
1CAL~ ~', ~00' SURVEYING
~EV~SEO ,) P O BOX
" I,, DENTON, TEXAS 76202
LEASE TRACT 1
A~l that certain tract or parcel of land situated in Denton County,
Texas and beinx a part of the Denton Airport more Oa=tlcularly
described as follows~
COMMENCING at an iron rod set at a turn in a Bravel road and beln$
North137 De~rees 08 Minutes O0 Seconds ~4est a distance ofi 1940.8
fieet from a fence corner in =he South line of F.M. 1515 at the
recos~ised Northwest Corner of the tract described in the Deed
to P.F. Breen recorded in volume 127 page 183 of the Deed Records
ofi Denton County,Texas~ the said iron rod being 750 fieet from,
measured perpendicular to~ the centerline of =he main runway;
THENCE North 750 feet from and parallel with the said center~ine,
a distance of 280.0 fiee~ to ~he PLACE OF BEGINNING and bein~ the
Southwest Corner of the herein described tract;
THENCE North con~lnuin~ 730 feet fi=om and parallel with the said
cen~e=line a distance of 290 feet to an iron rod set for the Nor=h-
west Corner of the herein described tract~
THENCE East a distance of 175.0 feet to a ooint for ~he Northeast
Corner of the herein described tract~
THENCE Sou~h 925 feet from and parallel with the centerl~ne ofi =he
said runway a distance of 290.0 feet to a Doknt fiG= the Southeast
Corner of the herein described tract;
THENCE= West a distance of 175.0 feet to the PLACE GE BEGINNING and
enclosing 1.165 acres ($0,750 s~uare feet) of land.
These Field Notes, with accompanyinK sketch, were prepared from a
survey ~made on the ground under my dlrectzon and supervision.
~Vllliam M. Coleman R.F.S. No. 4001 Date
ATTACHMENT "B" TO CITY OF DENTON AIRPORT LEASE WITH JAY D. RODGERS
ARD BRUCE BROWN, EXECUTED ON , 1985.
LEASE TRACT 2 A
All that certain tract or parcel of land situated in Denton County,
Texas and being a cart of the Denton Airport more Particularly
described as follows~
BEGINNXNG for the Southwest Corner of =he =Tact beins described
herein, at an iron rod set at a turn in a Kravel road and be£n~
North 37 Degrees 08 Minutes OOSeconds Wes= a dis=ante of 1Pa0.8 feet
from a fence corner in =he South line of F.H. 1515 at the reco~nized
Northwest Corner of =he tract described in =he Deed from P.F. Breen
recorded in volume 127 Cage 183 of =he Deed Records of Denton County,
Tsxas~ the said iron rod being 750 feet from, measured Perpendicular
to,the cents=line of =he main runway;
THENCE North 750 fee= from am parallel with the said centerlLne a
distance of 280.0 fee= =o a coin= for =he Northwest Corner of the
herein described ==ac=;
THENCE, East a distance of 175.0 fee= =o a coin= for the Northeast
Corner of =he hereLn described tract,
THENCE South 925 feet from and parallel wi~h the cents=line of sald
runway a dis=ante of 233.25 feet to a point fo= =he Southeast Corner
of =he herein described =rat= and bein~ in the West line of the said
road 25 feet Northerly from =he occupied centarline thereof,
THENCE South 75 DeKrees 02 Minutes 30 Seconds Wes= w:=h the ~4est line
of the said road a distance of 181.1~ feet ~o the PLACE OF BEG:NNING
and enclosin~ 1.031 acres ( ~,910 square feet ) of land.
These Field No=es, wi~h accompanying sketch, were prepared from a
survey made on =he ~round under m~ direction a~d superv:ston.
Wm. ~f. Coleman R.P.S. No. ~001 Date
ATTACHMENT "C" TO C~TY OF DENTON A~PO~T LEASE ~ITH JAY D. ~ODGE~S
AND B~UCE B~O~, EXECUTED ON , 1985.
LEASE TRACT
All that certain tract or parcel of land s~tauted 3n Denton County, Texas
and being part of tho l)e~ton A~rport moro particularly described a~ follows.
COmmENCING at an lron rod set at a turn in a 8ravel road and be~n~ North 37
Degrees 08 Minutes 00 Seconds West a distance of 1940.8 feet from a fence
corner in the South line of F.bl. 1515 at the recognized Northwest Corner of
the tract described tn tl~e Deed to P.F. Bream recorded in volume 127 page 183
of the Deed Records of Denton County, Texas, the said iron rod bezng 750 feet
from, measured perpendzcular to, the centerline of the mazn runway;
THENCE North 75 Degrees 02 Minutes 30 Seconds East w~th the West l~ne of tho sa~d
road a d[stance of 181.14 feet to the PLACE OF BEGINNING and being the Southt, est
Corner of the herein described tract;
THENC~ North 925 feet from and parallel w~th the runway centerline a distance
of 523.25 fret to an ~ron rod sot for tile Northwest Corner of the herein descrzbod
tract;
THENCE East a dzstance of 75 O f~et to an iron rod ~et for the Northeast Cotu~r
of the herein described tract;
THENCE South 22 Degrees 09 Minutes East a distance of 490.0 feet to an ~ron
rod set for the Southeast Corner of the herein described tract, in the West lzue
of the said gravel road, 25 feet Northerly from the occupled centerl[ne thereof
THENCE South 75 Degrees 02 Minutes 30 Seconds West wzth the West line of tile sazd
road a distance of 268 86 feet to the PLACE OF BEGINSING and cncloszng I 951 acres
( 84,980 square feet ) of land.
These F[eld Notes, wzth accompanyzng sketch, were prepared from a survey made on
the around under my dzrcctlon and supervision
M Coleman, R.P.S. No. 4001 Date
ATTACHMENT "D" TO CITY OF DENTON AIRPORT LEASE WITH JAY D. ROllERS
AND BRUCE BROWN, EXECUTED ON , 1985.
Nex D:oeument
SECTION II.
A copy of this resolution be furnished by the City Secretary to
Governor Mark Whited Lt. Governor Bill Hobby, Speaker of the House
Gib Lewis, Cr~inal Justice Committee Chairman Kent Caperton, said
Committee's Vice Chairman Bob McFarland, said Committee's Members
Senator Ray Far~ee, Senator Bob Glasgow, Senator Ted Lyon, Senator
H. Tati Santiesteban, Senator Craig Washington and to State
Representative J~ Horn and State Representative Ben Campbell.
SECTION III.
This Resolution shall be effective immediately upon its passage
and approval.
~iC~ARD O;~'r~WART,~MAYOR ~
CITB 0F DE~ON, TE~S
ATTEST:
CHARLO~T~ ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVMD AS TO LEGAL FORM:
DEBRA A~)AMI DRAYOVITCH~CITY ATTORNEY
CITY OFDENTON, TEXAS v
PAGE 2
RESOLUTION
WHEREAS, the City of Denton owns a solid waste disposal
servzce, and
WHEREAS, North Texas State University and the City of Denton
are desirous of entering into an agreement for solid waste
disposal service, NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, THAT.
SECTION I.
The agreement for solid waste disposal service between the
City of Denton and North Texas State University, attached hereto
and incorporated herein by reference, is hereby approved.
SECTION II.
The Mayor is hereby authorized to execute the attached
agreement on behalf of the City.
SECTION III.
This Resolution shall be effective immediately upon its
passage and approval.
PASSED AND APPROVED this the y of ~ /- , 1985.
~,~ I C~IAXD 0
CITY OF D~NTON, TEXAS
ATTEST.
CHARLOTTE ~ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRAADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
1082L
THE STATE OF TEXAS §
AGREEMENT BETWEEN THE CITY OF DENTON
COUNTY OF DENTON § AND NORTH TEXAS STATE UNIVERSITY
WHEREAS, North Texas State University (hereinafter referred to
as "NTSU") has advertised for bids for solzd waste disposal
service and the City of Denton (hereinafter referred to as "City")
having submitted a bid for such services, and
WHEREAS, NTSU having accepted such bid and the parties are
desirous of entering into an agreement for solid waste disposal
service, NOW, THEREFORE,
WITNESSETH.
I. SCOPE
City shall provide NTSU with solid waste disposal services in
accordance with the conditions and provisions outlined in Exhibit
A, attached hereto and incorporated by reference as if the same
were set forth in zts entirety herein.
II. PAYMENT
NTSU agrees to pay City in accordance with the rates as set
forth in said Exhibit A.
III. CANCELLATION
This contract may be cancelled by either party for just cause
by giving written notice to the other party no less than sixty
(60) days. It is understood by and between the parties that the
foregoing provision shall and does supercede the cancellation
provision contained in Exhibit A.
IV. SERVICES
A. Both parties agree that this agreement is subject to the
provisions of Chapter 325, Subchapter B of the Regulations
promulgated by the Texas Department of Health, as the same exist
now and as may be amended from time to time hereafter.
B. Both parties agree that the section addressing "Required
Service" is hereby qualified by the following paragraphs.
PAGE 1
Authorized waste stored in conformance with applicable
state and local regulations within a ten-foot radius
of a regularly serviced container, will be removed by
the City, provided the number of times such overage is
placed for disposal within said radius does not exceed
twenty percent (20%) of the total number of services
provided to that collection point during any calendar
month. If such placement exceeds twenty percent
(20%), the City will notify NTSU of the need for
increased container capacity or service frequency at
said collection point, and the parties agree that the
City shall amend the collection schedule and monthly
fees accordingly. NTSU may refuse such ad3ustment
when initially notified by City, but shall not
thereafter require City to collect waste not deposited
in dumpsters at the collection point in question.
Should dumpsters be overloaded so as to make them
unserviceable, additional charges may be made to NTSU
for costs incurred by the City in its efforts to
restore the serviceability of the containers in
question. For example, the removal and disposal of
large quantities of construction material (e.g., rock,
iron, concrete, soil) and/or wetted garbage may
require the application of additional equipment and
personnel, the cost of which shall be billed to NTSU.
C. This agreement does not encompass the collection or disposal
of special wastes or hazardous wastes.
IV. TERM
The initial term of this agreement shall commence June 1, 1985
and continue through August 31, 1985. Thereafter, NTSU shall have
the option to extend the contract for three (3) additional one-year
terms · T~
PASSED AND APPROVED this the /~ day of ~, 1985'
CITY OF ~NTON, TEXA
ATTEST:
CHARLOTTE 'ALLEN, CITY SECKETAK¥
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM.
DEBRAADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
PAGE 2
NORTH ' XAS STATE UNIVERSITY '--
8
ln~rch&01~ ASeut*Dent~, ?e~s~o ~&203
~d,,,,,, ,~y of,Denton
~om~any o~e~n~ ~e ~ ~van~ageous ~o~o~on ~ ~e University.
Thms contrac~ w~ll be effective fron March 1, 1985 through AuEust 31,
1985 with an option to extend fop ~(three) additional years, subject
to one year intervals.
~lces ape maxim~ and the UnlvePslty shall be protected against any
mncrease mn pmlce duPmng the term of the contract. If the~e ms a
reductmon mn the price duping the ~erm of the contract the price to NTSU
shall be reduced in the ~ount and manner as the greatest reductmon
· n prmce granted to any polxT~cal subdivision or segment of the trade
OPTION C~USE. IT ms agreed that North Texas State Unmverslty shall
have the option to extend the contract B(three) addltmonal years sub-
3ect to one year ~ntervals. No, ice shall be served at least 60 days
prior to termmnat~on at which tmme the successful contractor shall
agree or disagree to the extensmon w~thmn 30 days
ESCA~TION C~USE Should market conditions prevaml whmeh dictate an
increase the successful contractor may submit doc~entatlon requesting
pe~lssion To increase pricing 30 days before such extenszon becomes
effective Escalation may only cecum at The tine of renewal and
ONLY upon supplymng doc~ented manufacturer's lnvomclng or other releva~t
data whleh reflects the ~ncPease and secuPmng the approval of the
Purchasing department mn writing.
The term of the contract oP the contlnuatmon of the contract, if con-
tmnued, is contmngent upon The avamlablllty of funds Should funds
be unavailable or not appropPmated by the legmslature of the State of
Texas, The contract is sub]eot to cancellation The option is main-
rained ~o reinstate and continue the contract should funds become
available within a reasonable length of t~me Should funds no~ be
approprlated~ neither the University nor any of its agents shall be
lmable fop dmsehamgmng such oblmgatmons.
Cancellation
This contract may be cancelled by North Texas State Unmversmty fop
any reason after gmvlng ~0 days wrmtten notmce to the contractor
Nonass~gnable Contract
This contract is between North Texas State Un~versmTy and the
selected contractor. The service provided in this agreement shall
not be further assigned to another agency except by expressed per-
m~ss~on by North Texas State University
NORTH 'r':XAS STATE UNIVERSITY
l~rch&osuI Aleut - Deut.. Texas ?&;.O~ Pop ~ o~
~ d ,,,,,. C~ty of Denton
SAFETY.
n/~--~-~fo~mance of the service the contractor shall protect the
work, adjacent property, and persons in a manner satisfactory to
the University. Special attention shall be given to the observa-
tion of all safety precautions so that The work will not damage
om endanger students, employees, property, om The general publlc.
The contractor shall be responsible fop any damage om injury due to
any act of neglect attributable to persons working under his
direction.
The contractor shall comply with all applicable laws, ordinances,
rules~ regulations and orders of any public authority having
]urlsdlotlon for the safety of persons or property to protect
them from damage, ln]ury or loss
In any emergency affeetmng the safety of persons or property, the
Contractor shall act, at his dlscPetlon~ To prevent Threatened damage,
injury or loss.
As a safety precaution, the vehicle(s) used by the contractor shall
have two operators at all tlmes, with one person acting as flagman
at the Pear of the vehicles(s) to warn pedestrians of its movement
This person shall wear appropriate safety clothing and carry a
warning flag during The time the vehicle(s) are makmng pickups.
There will be no movement of vehicles in the inter campus area
during class changes
Cond~tmons at Site or Building
The Contractor is responsible fop having vis,ted the site and
having ascertained pertinent local conditions such as location,
accessibility, and general character of the site Qr building, the
character and extent of existing work within and adjacent To the s~te,
and other work being performed thereon at the tmme of the sub-
m~ss~on of his proposal. A~y failure to do so will not relelve him
from responslbllmty for successfully performIng the work without
additional expense to the owner
References
Contractor should provide with the bid not less than three references
of smnllar service locations.
NORTH "X.AS STATE UNIVERSITY
~'''' Jan. 22 85
~d~a~a~a Clty of Denton
Bidd ,.,,.,.
InsuranCe.
The Con~ractor shall not coltmence work under this contract until
he has obtained all the insurance required hereunder and certi-
ficates of such insurance have been filed with and approved by
the Owner. Approval of the insurance by The owner shall not
relelve or decrease the liability of the Contractor.
The contractor shall provide and malntaln~ until the Work covered
· n this Contract is completed and accepted by the Owner~ the
minimum insurance coverases as follow
Type of Coverage Limits of Llab~llty
1. Worker's Compensation Statutory
2 Employer's Liability $100,000 $300,000
each occurrence aggregate
3. Comprehensive General Liability
a. Bodily Injury $500~000
each occurrence
b Property Damage $100,000 $300~000
each occurrence aggregate
4. Comprehensive Automobile
Liability
a. Bodily Injury $300~000 $500,000
each person each occurrence
b Property Damage $300~000
each occurrence
$. Umbrella Liability(Excess) $1~000~000
each occurrence
Bondln~ Contractors other than munlc~pallTles~ upon written
notification of ~ntent to award~ shall provide NTSU with a Per-
foPmance Bond equal to 1.5 times The amount of The contractual
period. Said bonding document shall be provided To ~TSU w~Thzn 10
calendar days of written notification of intent To award or the b~d
may be declared void No purchase order for The service to begin
w~ll be issued until The bonding document is furnished To NTSU
NORTH STATE UNIVERSITY
Puzch&ein$ ASent - Denton, T~sa~ 7620)
gkl e;=.~'=; 1,8, January
~ .~.~.s~B ! P~d, N85,,,
Bldd,, ,.,,,,,
Payment The Unzverszty wzll furnzsh The successful bzdder with the
approprzaTe billing informatzon. Payment will be made monthly
Through standard University procedures.
Payment for completed work will be approved upon presentation of
an lnvozce ouTlznzng all services performed during the previous
billing period. Invoiees must be presented and must reference The
NTSU purchase order number.
Required. Service.
All refuse shal~ be removed from the eonTazners in the schedule
prov~ed herezn. No refuse shall be allowed to remain in The
contaIners after each emptying. Containers shall be left in an
orderly manner at the designated locations.
P~ekup zs To include all boxes and crates, uncrated debrls~ zn-
eluding all wet and dry garbage~ etc ,wlthzn a 10 foot radzus of
the contazneP.
Drzver of Trash p~ckup vehicle(s) shall be responsible to pzckup
trash that falls out of container during unloading operation
Equipment Specifications
All collection vehzeles shall be of such a design as to ellmznate
the posszbllity of havzng trash blown from the bed~ while travelzng
from one location To The next~ and tr~ps made To the landfill Con-
tractor shall demonstrate adequate backup capab~lzTy to ma~ntazn the
requzred schedule for The life of thzs contract
The Unzverslty dumpster locations are currently set up for a front
loadznE trash truck Some areas may not accomodate a szde loadln~
truck because of space llmztatzons and or practIcality ~zle szde
loading trucks are not excluded from thms bid ~t shall be the con-
tractors responszbllzty To make the pickups where the dumpsters are
currently.
University-Furnished Property
Dumpsters will be furnished under th~s contract The dumpsters are
deszgned for a front loading fork
Personnel and Workmanshzp
The contractor will be required to furnish all qual~fled personnel
and adequately supervise their actlvltzes whmle performing this
contract. The contractor shall provide a full service representative
to resolve any and all prpblems which may appear during the coarse of
this contract
NORTH *"IU.S STATE UNIVERSITY
,,,,,,,, ~p~ Jan. 22, I~ 85
~mam~Mll~Bia~ Clty of Denton
Work Hours.
Hours of pzckup shall be approved by North Texas State University.
Dumping Areas:
The contractor shall be solely responsible for deposltlng the waste
material in an approved elty~ county or private sanitary landfill.
All landfill fees or costs are the respons~bllity of the contractor.
Holidays: NTSU observes unusual holidays. These holidays include
a couple of days at Thanksgiving, 7-14 days at Christmas, and
approxlmately $ days in March for Spring Break. These holidays
float and are approved on an annual basis and therefore cannot be
specified zn thls bid. NTSU frequently does not observe national
holidays such as Memorial Day, Fourth of July, etc. but would
expect the successful bidder to make pickups on each day that the
University is open. For holiday periods that the University does
observe for which no pickups are required billing shall be reduced
on a per day basis based on the monthly rate divided by the number
of working days in that month.
Partial Closings Dur~ng summer months some of our dormitories and
cafeterias are closed The quantity of each is dependant upon sum-
met enrollment. For periods when these areas ~re closed the billing
shall be reduced in accordance with pricing on the bid pa?e ~n re-
gard to add ons and deletions.
Not~flcat~on of Closlnss Whether the closing ~s total (~e Holidays)
or partial, the contractor will be g~ven a minimum of 1 week prior
not~ce of such closings.
Additional Work or Deletions NTSU reserves the right to add or
delete pickups by giving the contractor 2 weeks written notlflcat~on
(Formal change notice) Said modification will be based on the
prlees bid on the bid page ~n regard to add ons and deletions in
relation to the cubic yard difference (This clause is in reference
to when NTSU acquires a new building or demolishes and old building
and denotes a long term modification)
NORTH "XAS STATE UNIVERSITY 8
m~,,,, Jan 22 85
~d,,,,,, Czty of Denton
Notes to Bzdders'
1. The percentage you show on the bzd page is not absolutely
blndlnE and does not alter the escalation clause ~n the b~d but ~t
w~ll be a factor zn determinzn~ the award of the b~d. For example-
if you b~d $1000.00 a year w~th 10% escalatlon factor and the b~d
states the option to extend the contract as belnE for 3 years then
your bzd evaluation would be $~641.00 over a 4 year per~od for an
average of $1160.25($1000.00+$1100.00 + $1210.00 + $1331.00).
Please forcast this percentage as accurately as possible. If you
anticipate no increase you may note 0% escalation factor.
2. Sznce Holidays and closings are unpredictable they will not be
conszdered in the evaluation of b~ds
3. B~ds must be on the form provided and be manually s~gned
~ If as a bidder you are takznE exception to any part of this
speczfzcat~on sa~d exception must be in wrztznE and submztted
with the bid. If the exception you list is unacceptable to NTSU
your bid may be considered void Questzons regard~n~ acceptable
exceptions should be d~rected to Paul Gooch and James Keffer
5 The successful bidder w~ll be required to obtain a Vendor
Ident~fleatlon number from the State Comptroller of Public
Accounts if the bidders firm does not already have the number
Bid Pa~.
1. Monthly sol~d waste pickup service based on attached ~11,0~? DO Mo
route list
2. Add-on/Deletion Rates
a. 2 yard dumpster $ 3 02 per p~ckup
b ~ yard dumpster $ ~ ~4 per pzckup
c, 6 yard dumpster $ 9 06 ~er pzckup
d. 8 yard dumpster $ 12.08 per p~ckup
3. The anticipated percent of annual escalation at the time of
each renewal, (should options to extend a contract derived from
this b~d be exercised ), is 0 % for each additional year
The contract ~s in all things performable and enforcable ~n
Denton County, Texas In the event of any breach of this agreement
by the contractor NTSU small be entitled to recover from the con-
tractor all damages together with reasonable attorney's fee and court
costs
NORTH 'XAS STATE UNIVERSITY
.,,,.,.
~. Phy~a~ ~an~ One e~h~ y~. ~u~e~ d~y
~. Phy~ ~u~at~on One ~ y~. ~u~ped fou~ ~e~
~. C~on ~a~ One ~ou~ y~. ~e~ t~e ~e~
~. Hu~ ~u~n~ One e~h~ y~. ~pe~
7. Adm~nms~rat~on Bldg. One four yd d~ped flatly
8. Lmbrary One four yd. d~ped dazly
9. Hospltal/MeConnell One eiEh~ yd d~ped dazly
10. Bruce Hall One elEht yd. dumped dazly
11. Bruce Cafeteria One eiEht yd. d~ped damly
12, Masters Hall One ezght yd. d~ped dazly
1~, Marquis Hall One slx yd. dumped dally
lg. Science Research BldE. One eight yd. dumped dazly
15. Industrial Technology One eiEht yd. d~ped three tzmes weekly
18, Power Plan~ Four elEh~ yd. dumped da~ly
17. ~t Bldg. One slx yd. d~ped dazly
18. Kendall Hall one eight yd. dumped damly
19. Hzghland Hall One four yd dumped damly
20. Wooten Bulldzng One slx yd. dumped damly
21. Prmnt Shop Two szx yd. dumped dazly
22. Union BulldlnE Two elEht yd. d~ped twice per day
23 Speech ~ Drama One six yd. d~ped da~ly
2g. Houston Hall One two yd. dumped once weekly
25. Eagle Arms ApTs. One eight yd. dumped Twzce weekly
26 Kerr East Three ~wo yd. d~ped ~w~ee damly
27. Kerr West One two yd. dumped twmce damly
28 Kerr CafeTeria Two elEhT yd. dumped damly
29. Maple Hall 0ne slx yd, d~ped dally
B0 Maple CafeTeria One SlX yd. dumped dally
31. Clark Hall One smx yd. d~ped dally
32 Clark Cafeterma One eight yd. dumped dazly
33 Crumley Hall One slx yd dumped dally
3~. Quads One elEh~ yd d~ped four times per week
35. West Cafeterza One szx yd dumped dazty
36. Advancement Center One two yd. dumped three t~mes per week
37 Sullzvant Center One four yd dumped twice per week
38 Oak St Hall One slx yd dumped three tzmes per week
39 NTSU Apartments Two s~x yd d~ped three tmmes per week
Colzseum Two slx yd. dumped twice weekly
Golf Course One four yd. d~ped twmce weekly
Mens Gym One four yd. d~ped three tzmes per week
M~ssmle Base Two fou~ yd d~ped once per week
Page 1 of 3 Pages
CITY OF DENTON
EXCEPTIONS~ %1 THROUGH ~5
EXCEPTION ~1 (Reference page 2, sections entitled "Scope," "Option
Clause," and "Cancellation")
The proposed service to the University requxres substantial investment
by the City for equipment and personnel, the sole application of which
would be waste collectlon at the University. However unlikely, it is
nonetheless essential that Denton cztlzens be protected from any eventu-
ality in which extremely expensive capital and labor resources are idle.
Therefore, the City takes exception to the slxty-day cancellation clause
as written in the bid document and proposes ~nstead that the agreement
be considered binding throughout its entire term as outlined in the
lsection entltled, "Scope" The City does recognize, however, that the
contract may be cancelled by exther party for 3ust cause, provided the
offended party gives written notice sixty (60) days before such cancel-
atlon is to be effective.
EXCEPTION ~2 (Reference page 5, section entitled "Required Service")
Texas Department of Health Regulation Chapter 325, Subchapter B dictates
procedures that may constrain activities described by the bid document.
(A copy is appended for your convenience ) Neither the City nor another
vendor may agree to participate in collection activities which violate
Federal, State, or local waste-handling regulations
EXCEPTION %3
Authorized waste stored in conformance with such applicable regulations
w~ll be removed by the City where w~thln a ten-foot radius of a regular-
ly serviced container, provided the number of t~mes such overage Ks
thusly placed for disposal does not exceed twenty-percent (20%) of the
total number of services provided to that collection point during any
calendar month. In which case, the City will notify the Unlverslty of
the need for ~ncreased container capacity or service frequency at sa~d
Page 2 of 3 Pages
collection point, and the City will accordingly amend both the col-
lection schedule and the ~onthly fee charged the University. The
University may refuse such adjustment when initially notified by the
City, but may no longer require the CLt¥ to collect waste not deposited
in dumpsters at the collection point ~n question.
Should dumpsters be overloaded so as to make them unserviceable, addL-
t~onal charges may be made to the UnLversity for costs incurred by the
C~ty in ~ts efforts to restore the serviceability of the containers ~n
questLon. For example, the removal and disposal of large quantities of
construction material (e.g., rock, iron, concrete, so11) and/or wetted
garbage may require the application of additional equipment and person-
ne1, the cost of which would be billed to the University
A separate agreement will be required between the City and the Universi-
ty for the collectLon and disposal of special wastes. (See Texas
Department of Health Regulation 325 136.)
The City cannot collect or dispose of hazardous waste (See Texas
Department of Health Regulation 325 291 - 325 316 )
EXCEPTION %4
The effective date of March 1, 1985, for this agreement ~s based on a
scheduled delivery date of February 25, 1985, for the new front-end
loading truck to be purchased by the City for service to North Texas
State University
EXCEPTION %5
By law, this proposal is sub3ect to Denton Clty Council's review and
approval of a contract between the City of Denton and the Unlvers~ty
that would restate the terms and conditions of this proposal as subm~t-
ted
Page 3 of 3 Pages
REFERENCES
I Moore Business Forms
1700 Woo~brook
Denton, Texas 76201
2. Winn-Dixie
1115 Ave. C
Denton, Texas 76201
3. Wyatt's Cafeteria
1008 W. Univers~ty
Denton Texas 76201
4. GTE
310 W Hickory
Denton Texas 76201
5. Skaggs Alpha-Beta
2321 University
Denton Texas 76201
6 Golden Triangle Mall
2201 1-35
Denton Texas 76201
7 Peterbilt
Airport Road
Denton Texas 76201
8 Green Giant Factory
(Pillsbury Company)
1725 Cooper Creek
Denton, Texas 76201
9 Victor Equipment Company
2800 Airport Road
Denton, Texas 76201
10 Russell Newman
320 E B~ckory
Denton, Texas 76201
Additional references available upon request
~25 21
SUBCHAPTER B Mumcipal Sohci Waste Storage
§32S 21 ApplleabillP/. Tim subclmpter shall be apphcable tmners shall be of suitable strength to mimmtze animal
to all public and private storage systems Additional re- scavenging or rupture during collection operations
qmrements for storage of hazardous wastes are contain- (2) Reusable Contmners Reusable contmners
ed in §§325 271 - 325 350 of tim title (relating to Hn*~rd- shall be maintained in a clean condition so that they do
ous Waste Management) not constitute a nuisance and to retard the harborage,
~ §32~.22 Storage Requirements. All sohd waste shall be
feeding,
and
propagation
of
vectors
stored in such a manner that it docs not constitute a fire, (A) All containers to be emptied manually
safety, or health,hazard or provide food or harborage shall be capable of being serviced without the collector
for animals and vectors, and shall be contained or bun- coming into physical contact with the solid waste
(B) Containers to be mechamcally handled
died so as not to result in hirer It shall be the respon* shall be designed to prevent spillage or leakage during
sibthty of the occupant of a residence or the owner or
manager of an establishment to utlhze storage containers storage, handling, or transport
of an adequate size and strength, and in sufficient num- §32~ 24 Citizens' Collection Ststions Citizens' collection
bors, to contain all solid waste that the residence or other stations should be provided with thc type and quantity
establishment generates in the period of time between of containers compatible with the areas to be served
collections Rules should be posted governing the use of the facility
~ §325 23 Approved Containers. All solid waste contain- to include who may use it, what may or may not be
lng food wastes shall be stored in covered or closed con- deposited, etc The responsible county or municipal
lathers which are leakproof, durable, and designed for government shall provide for the collection of deposited
safe l~andhng and easy cleamn$ waste on a scheduled basis and supervise the facility in
(1) Nonreusable Containers Nonreusable con- order to maintain it in a sanitary condition
I0 (7/12/83)
RESOLUTION
WHEREAS, Senator Bob McFarland has introduced Senate Bill 1257
in the Texas Senate relating to the amendment of Sections 15.06 and
15.07 o~ the Texas Code of Criminal Procedure (C.C P.), and
WHEREAS, the exact meaning of Sections 15.06 and 15.07 C.C.P.
is preslently somewhat confusing by reason of the definition of the
term "lrecorder" in Article 1196 of Vernon's Annotated Texas
Statute~s (V.A.T.S.), and
WHEREAS, the possible conflict between Sections 15.06 and 15.07
C.C.P. and Article 1196 V.A.T.S. raises questions as to whether
warrants issued by municipal court 3udges can be executed by peace
officers statewide, and
WHEREAS, if warrants executed by peace officers sta~ewide are
defective, crimes committed by individuals while being arrested
under ~uch warrants may not be subject to prosecution, and
WHEREAS, the amendment of Sections 15.06 and 15.07 C.C.P.
propos%d by Senator McFarland, if passed by the Texas Legislature,
will resolve any possible conflict that exists between such
sectioqs and Article 1196 V.A.T.S., and
WHEREAS,! the adoption of Senate Bill 1257 by the Texas
Legislature will conclusively show that it is the law of the State
of Tex~s that warrants issued by municipal 3udges can be executed
by pea~e officers statewide, and
WH~REAS~ the adoption of Senate Bill 1257 is supported by our
Municipal Judge, the Alternate Municipal Judge and the City
Attorney's Office, NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT.
SECTION I.
The City Council recommends the adoption of Senate Bill 1257 in
the fQrm as the same was introduced in the Texas Senate by Senator
Bob McFarland.
PAGE 1
RESOLUTION
WHEREAS, the City of Denton owns property at the Denton
Municipal Airport, and
WHEREAS, the Confederate Air Force desires to use property at
said airport for a temporary airshow on June 7, 8 and 9, 1985, and
WHEREAS, the Airport Advisory Board has reviewed and recommended
approval of the attached use agreement, NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, THAT'
SECTION I.
The Airport Use Agreement between the City of Denton and the
Confederate Air Force, attached hereto and incorporated herein by
reference, is hereby approved.
SECTION II.
The Mayor is hereby authorized to execute the attached use
agreement on behalf of the City.
SECTION III.
This Resolution shall be effective immediately upon its passage
and approval.
PASSED AND APPROVED this the /~/TVay of .~. _//~ , 1985.
~KIO~IA-KD O .~1'5 A , ~
VCIT~f OF DENON, TEXAS
ATTEST'
CHARLOTTE 'ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
THE STATE OF TEXAS
AIRPORT USE AGREEMENT
COUNTY OF DENTON §
This Agreement, made and entered into by and between the City
of Denton, a Municipal Corporation of the State of Texas, (herein-
"Cit-") and Confederate Air Force, (herein-
afterafter referred referred to to as as ,,CAF~), is made for the purpose of allowing
CAF to use the Denton Municipal Airport (hereinafter referred to
as "Airport") owned by the City, for a temporary airshow in
accordance with the following terms
1. CAF may use the Airport on June 7, 8 and 9, 1985, for the
purposes of staging an airshow for the benefit of the general
public. CAF may use such facilities or property of the Airport
for said airshow as designated by the Airport Manager.
2. The City will also provide the following equipment and
services in support of said airshow
(a) Two fire trucks and two man crew and one fully
equipped ambulance and one transer ambulance,
(b) One water truck, a front-end loader and one equip-
ment operator,
(c) A minimum of fifteen (15) sanitation containers
plus two (2) 30 yard containers which will be
emptied a minimum of two times, after 6.00 p.m. on
June 7 and June 8, 1985 and during the morning of
June 10, 1985, and
(d) Up to four (4) electrical drops, three (3) of which
shall be from existing poles
3. CAF, in consideration of the foregoing, agrees as follows
(a) To pay to City Three Thousand Dollars ($3,000).
(b) To pay, after subtracting the following costs.
(1) payment of Blue Angels and Golden Knights,
(2) payment for Mr. Trietsch's wheat, and
(3) payment for police officers and police reserve
officers during air show.
three percent (3%) of all admission fees collected.
(c) To provide the City with evidence of comprehensive
public liability insurance in the amount of Five
Million Dollars ($5,000,000) per occurrence, insur-
ing the City and CAF against all liabilities or
losses arising from any bodily injury or property
damage occurrence suffered by any person as a
result of the use, occupancy or operations of the
CAF at the Airport;
CONTRACT/CONFEDERATE AIR FORCE/PAGE 1
(d) To restore and repair any damage or loss suffered
by the Airport grounds, buildings or improvements
thereon caused by the use, occupancy or operations
of the CAF,
(e) To cause the removal of all litter or trash
deposited on Airport property as a result of the
airshow, and
(f) To allow the City at any reasonable time to audit
financial records of CAF pertaining to the airshow
to determine City's percentage of admission fees.
Executed this the /~'day of ~~,.~, 1985.
CITY OF DENTON, TEXAS
ATTEST:
CHARLOTTE~ ALLEN, cITY SECRE'FAKY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
CONFEDERATE AIR FORCE
ATTEST:
CONTRACT/CONFEDERATE AIR FORCE/PAGE 2
RESOLUTION
WHEREAS, more than 14 million people in Ethiopia and the rest
of the African famine belt live on the brink of starvation, and
WHEREAS, the survival of millions of children and thezr
parents depends on Immediate food aid to these drought-stricken
areas, and
WHEREAS, Texas is a land of agricultural bounty and warm
generosity whose very name was derived from an Indian word, Tejas,
meaning friendship, and
WHEREAS, surplus grain and powdered milk are stored in
elevators and warehouses all over Texas and can be purchased for
approximately $3.50 a bushel, and
WHEREAS, Texas farm and ranch organizations, in cooperation
with the Texas Department of Agricultural and Save the Children
Federation, are asking the people of Texas to contribute toward
purchases of Texas grain and powdered milk to alleviate the
suffering of Africa's starving millions,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
DENTON, THAT
SECTION I.
The month of May, 1985, shall be "Project TeJas Month" in the
City of Denton, Texas, and the Council does hereby urge all
citizens to contribute $35.00 each, the equivalent of 10 bushels
of grain, or whatever they can afford and send to PROJECT TEJAS,
Texas Department of Agriculture, P. O. Box 12009, Austin, Texas
78711
ATTEST
CHARLOTTE ALLEN, CITY SEuK~'~RY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM.
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
1086L
RESOLUTION
WHEREAS, Article 2.0lb.(a) of the Texas Election Code provides
that, subject to certain limitations, every general (regular) or
special election held by the state or by any city of the state must
be held on one of the following dates, the third Saturday in
January, the first Saturday in April, the second Saturday in August,
or the first Tuesday after the first Monday in November, and
WHEREAS, Section 3.01 of Article III of the Charter of the City
of Denton provides that the regular election for the choice of
members of the City Council shall be held on the first Saturday in
April, and
WHEREAS, often times, the first Saturday in April Immediately
precedes Easter Sunday, thereby conflicting with Easter weekend and
religious and holiday plans and infringing upon the ability of the
electorate to cast their votes, and
WHEREAS, the City Council of the City of Denton, Texas would
urge and recommend the introduction of legislation to amend Article
2.0lb of the Texas Election Code to provide that when the first
Saturday in April falls on Easter weekend, the election shall be
held on the second Saturday in April, NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS SECTION I.
That the City Council recommends the introduction of legislation
to amend Article 2.0lb of the Texas Election Code to provide that
where the first Saturday in April falls on Easter weekend, the
citzes shall conduct the election on the second Saturday in April.
SECTION II.
That a copy of this resolution be furnished by the City
Secretary to Governor Mark White, Lieutenant Governor Bill Hobby,
Secretary of State Myra A. McDaniel, Speaker of the House Gib Lewis,
Senator Bob Glasgow, Senator Ray Farabee, Senator Bob McFarland,
State Representative Jim Horn, State Representative Ben Campbell,
Ted Willis, Director of the Texas Municipal League, and the House of
Representative Election Committee. Representative Clint Hackney,
Chairperson; Representative Chip Staniswalis, Vice-Chairperson,
Representative Senfronia Thompson, Chairperson for Budget and
Oversight, and Committee Members Representative Jim Horn,
Representative Sam Russell, Representative Steven Cart iker,
Representative Nolan J. Robnett, Representative Bill Carter, and
Representative Pete Laney.
SECTION III.
That this resolution shall take effective immediately upon its
passage and approval.
PASSED AND APPROVED this the 14th day of May, 1985.
/
/J CrO[t RD O4 STEW T,
ATTEST.: ~
C~LOTT~.'-ALLEN, CITY SECRETA Y
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM.
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
1066L
RESOLUTION
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON
The Mayor is hereby authorized and directed to execute on
behalf of the City of Denton, Texas, a Pipeline License Agreement
dated May 1, 1985, between the City of Denton and the Missouri-
Kansas-Texas Railroad Company, relating to the construction,
reconstruction, use, maintenance, operation, repair and
installation by boring method one pipe line encased in a carrier
pipe not exceeding eighteen (18") inches in diameter, to be used
for storm sewer, manhole and headwall at Mile Post K-722.12,
Denton County, Texas.
PASSED AND APPROVED this the /~r%y o~ ~/~Z~. , 1985.
'CITy OF D~TON,TE~S
ATTEST
CHAREOTTE -ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRAADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF. DENTON, TEXAS
THIS AGREI~M£NT No_ made thl,, '{St day of _ May
between the MISSOURI-KANSAS'TEXAS RAILROAD COMPANY, here~fter called *L~cen~or~, and
C~ O~
hereinafter ~lled ~L~n~e~
WITNESSETH ARTICLE I
~. ~: ~i8 asre~nt 8hal~ t~e effect the date hereo~, ~d unXeSs eooner te~i-
hated as provided herein, shaX~ continue in ~orce so ~on~ as used ~o~ the pu~ose here~n
sec out ~or & period o~ ten (~0) yearS~ or untiX te~aced by e~cher par~y
o~her party not less than th~r~y (30) days* advice noC~ce ~n ~ins of ~n
~e~inate the s~e~ the ~Sre~ent co ~eminate u~on the ~a~xon o~ such ~e~ o~ not~C~
~h~chever occurs ~i~s~. L~cen~ee is hereby S~ven a reneva~ option a~ a price
be negotiated no,sooner th~ ~20 d&~s o~ ~ess th~ 30 da~s prior ~o the ~ra~ion
tern. ~n the event the ~unt o~ reneSot~ated rental is no~ agreed to ~n ~i~lnS b~
parties, prior to ~he e~ra~ion o~ ~he te~ o~ ~his license, chis license sha~
cally te~na~e ~hout not~Ce~ effective the las~ day of ~he ~nS
2 Cons~der~tmn ~nd D~rlptio~ In cons~deratton of O~ ~ouSAND ~0 H~D FIF~
A~ NO/100 ................................................... ..($ 1,250.00 ) DOLLARS
receipt of which ~s hereby acknowlodged, amd of the covenants of L~cense~ as hcremaher set fo, Lh, L~censor hereby grants a hcense
and permission to Licensee to construct, reconst~ct, use, ~amtatn operate, repair and ms~ll by bocin~me~hod
one ptpe hnc~$) encased m a ~rrter pipe not ~xceedm~ eighteen ( ~8 .') roches m dmmeter to b~
s~o~ eewec~ manhole and headwall across or
used for Denton .tn the ~ount~ of Denton and ~tatc
along L~censor's prop~my at or near
o[ Texa~ . For convemcnce, th~ ~ld pl~ hne ~s hereinafter referred to as'Crossing~ The locanon of ~d
Crossing ~s more pa~cularly de~r~d as follows
All as shown on print of Licensor's Drawing
No. A-31,062, Engineering Department, Denison,
Texas~ dated April 2, 1985, marked Exhibit '~"~
attached hereto end made a part hereof
ARTICLE !1
Licensee undertakes and agrees
I SpeciflCalioss: To install said Crossing according to thc specifications of thc American Railway Engineering
Association Part 5, Ptpehnes The Crossing shall be-Jaid and maintained at thc sole cost of Licensee, and in a manner and with
material satisfactory to Licensor's Chief EnRmeer with Itstopat least five and °ns'half (5t/2') feet beneath the base °f the rail under
t:he Cracks and let: 1esot: five and one-half(S-I/2) feet: hal. ow t:he surface of 1:he ground
elsem'xera, so it: will not: lnt:arfere wit:h t:he safe operat:ion of said railroad or causn
damage t:o Licansorls propart:y. Said pipe line shall be encased in a larger pipe where it:
passes under any railroad t:rack, and for at: least: Cwent:y-five (25*) feet: on each side of
t:he cunt:er line of any such t:rack.
2 Present' Occupants* To make appropriate arrangements with any person or legal entity occupying the premises
affected hereby pursuant to a lease or other permission granted by Licensor. so that Licensee's said Crossing will not unreasonaSly
interfere with the use of the subject property, or create undue hardship on the person or legal entity occupying the premises
3 Liability. Licensor shall not bc hahle for any damage to said Crossmg or the contents thereof, howsoever such damage
shall be caused, whether by the negligence of Licensor, its agents, employees, or otherwise
Licensee assumes the risk of, and shall protect, indemnify and hold harmless Licensor from and agamst all Imhihty fo r o r
on account of injury to or death of any and all persons or damage to property, including livestock killed or injured, resulting from
or incident to the cortstructlon, maintenance, use, operation, relocation, reconstruction or existence of said Crossing on Licensor s
premises, or the removal thereof from said premises, or to the restoration of or failure to restore said premises to their prior or
other condition as herein provided, whether such injury, death or damage shall be caused or contributed to by the negligence of
Licensor, its agents, employees or otherwise, and Licensee will protect, indemnify and hold harmless Licensor and any others
legally using its right of way, from all claims, demands, suits or actions growing out of any such loss, injury or demands, mclud mg
mvestlgatton costs court costs, and attorneys' fees resulting or in any manner arising from thc risks herein assumed by Ltccnscc
Licensee further agrees to immediately investigate any such claims, demands, or suits and shall defend, settle, and/or otherwise
dispose of the same at its sole cost and expense In the event Licensee settles any such claims, demands, or suits, it shall obtain a
release which includes Licensor
Licensee shall not have or make against Licensor any claim or demand for or on account of any damage Licensee ma~
suffer or sustain because of an) failure of Licensor's title to the right of way and lands occupied by said Crossing or any part
thereof
4 ~ eJ~ er To waive all right to question the validity of this License or any of the terms or provisions hereof, or the right
or power of Licensor to execute and enforce the same
ARTICLE !!1
It is mutuall) agreed by and between the parties, as follows
I (a} Repairs and Relocation Licensee will at all times maintain the Crossing tn a safe and secure manner, and m a
condition satisfactory to Licensor Licensor may request Licensee to change the location of thc Crossing, o r any part thereof, or to
ma ke reasonable repairs as tn the judgement of Licensor shall be deemed necessary to avoid interference with or danger in the u sc
or operation of Licensor's railroad, or any of its present or future appurtenances, or telegraph, telephone, signal or other lines on
Licensor s right of wa}, and in the event it is found necessary for Licensor to use its entire right of way, or any portion of it occupied
b~ thc Crossing Llq:ensee shah at its sole expense, and within thirty (30} days after notice so to do, (or upon shorter notice in case of
emcrgenc}) remo~ e said Crossing, or as much of the Crossing as is located upon that portion of the right of way so required b~
Licensor
(b) If Liclensee shall fall to perform any of its obligations contained in this agreement to the maintenance of safe
condit *ohs an and about said Crossing or as to the protection of wires from electrical interference on Licensor's property or to rna kc
an} necessary repairs, or to relocate said Crossing, then Licensor ma} cause such condition to be made safe, or change of location
to be made, or repairs to be made, or Crossing to be removed from Licensor's property, Licensor acting as the agent of Licensee
and may perform Such work as ~s necessary in the judgement of Licensor, and Licensee shall, on demand, promptly reimburse
Licensor the whole cost thereof, plus ten (10%) per cent thereon as a charge for supervision, accounting, and use of tools or
Licensor may terminate this License by giving to Licensee not less than ten (10) days' advance written notice of its retention so to
do
2 Termination Licensor may terminate this License upon ten (10) days' written notice if Licensee fails to keep any of
Licensee's co~enants herein contained, or if the right of way is required for other purposes by Licensor, and no reimbursement
shall be made for [Licensee's expenses mcurred in thc removal of this crossing or the consideration paid for this License No
tcrminallon or ex piratlon shall affect the rights and liabilities, if any, of the parties hereto then existing
3 Restoration Upon the termination of this agreement whether in accordance with thc provisions of Paragraph I of
Article I, or Paragraph 2 or 4 of Article Ili, or otherwise, Licensee shall promptly remove said Crossing from Licensor's right of
way, and restore said right of way to its prior condition, or to a condition satisfactory to Licensor If Licensee shall fall to remo~ e
said Crossing within thirty (30) days after the termination of this agreement, Licensor may remove the same, and charge thc
expense therefor to the Licensee on the basis provided in Paragraph I(b) of Article 111
4 Miscellaneous, (a) This License and all of the provisions herein contained shall be binding upon the pames hereto,
their heirs, executdrs, administrators, successors and assigns, and Licensee agrees to supply notice in writing to Licensor of any
name changes Licensee agrees not to assign this License or any interest therein, without the consent of Licensor in writing, and any
and every such attempted assignment without such prior written consent shall be void and of no effect In the event of any
asssgnment, Licensee shall at all times remain fully responsible and liable for the payment of the rental, if any, herein specified and
for the compliance of all of its other obligations under the terms, provisions, and covenants of this License
(b) In the,event rent is paid annually, Licensor expressly reserves the right to increase the above rental rate on any yea fly
anmvers,~ry date of this h~nse by giving Licensee thirty (30) days' written notice Licensor may increase the rental by the
percentage that the Consumer Price Index has increased, published by the Department of Labor, since the last rental
increase period, or the last anniversary date hereof
(c) The personal pronouns used herein as referring to Licensee shall be understood so to refer to Licensee whether
Licensee be a natural person, a partnership, or a corporation, or any combination thereof
(d) Any notice herein required to be given by Licensor to Licensee shall be deemed properly given if served upon or
delivered to Licensee or his authorized agent, or if posted on or if mailed, postpaid, addressed to Licensee at his last
known place of business
(e) No oral promises, oral agreements, or oral warranties shall be deemed a part of this License, nor shall any alteraUon,
amendment, supplement, or waiver of any of the provisions of this license be binding upon either party hereto unless the
same be supplemented, altered, changed, or amended by an instrument in writing, signed by Licensor and L~censee
(0 This License does not become binding upon Licensor until executed by Licensor's vice-president
IN WITNESS W HEREOF, the parties hereto have executed this agreement as of the day and year first above written
MISSOURI-KANSAS-TEXAS RAILROAD COMPANY
By
Vice-President
CITY OF DENTON~ TEXAS
Denton, Texaa 76201
File T-18753-B
1096L
RESOLUTION
WHEREAS, the North Texas Commission has been directed by its
Long Range Plan to act as a catalyst in issues that affect the
Dallas/Fort Worth Metroplex as a whole, and
WHEREAS, the North Texas Commission Board of Directors has
agreed that the services rendered by the U. S. Customs District
are vital to the continued economic well being of the Dallas/Fort
Worth Metroplex as a whole, and
WHEREAS, the North Texas Commission recognizes the need to
retain all U. S. Customs Services currently in operation in the
Dallas/Fort Worth Customs District so that the Dallas/Fort Worth
region will remain positioned as an international economic hub,
and
WHEREAS, the North Texas Commission recognizes and supports
U. S. Customs goal to modernize and streamline its operations,
NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS
SECTION I.
That the City Council of the City of Denton supports the
North Texas Commission's efforts relating to the Service Center
Concept and will work to assist and support those efforts between
the private and public sectors.
SECTION II.
That the City Council of the City of Denton and the North
Texas Commission await the opportunity to assist U. S. Customs in
facilitating plans to strengthen the inland port of Dallas/Fort
Worth.
PASSED AND APPROVED this the d~y of ~, 1985.
O.TSTEWA1Yr, MAYOK V
F DR~TON, TEXAS
ATTEST
CHARLOTTE ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
1060L
RESOLUTION
WHEREAS, the City of Denton, Texas has filed an application
with the United States of America, Federal Energy Regulatory
Commission, for a license under Part I of the Federal Power Act
to construct, operate, and maintain the Ray Roberts Dam Project
No. 3939, and
WHEREAS, the feasibility study for the construction of the
Ray Roberts Dam Hydroelectric Project has been completed and
presented to the Denton City Council, and
WHEREAS, the City of Denton has received an Order Issuing
License (Major) (Issued March 20, 1985) from the United States of
America, Federal Energy Regulatory Commzssion for said Project
No. 3939, and
WHEREAS, the City Council of the City of Denton, Texas
recognizes the feasibility of the Ray Roberts Dam Project 3939,
NOW, THEREFORE,
BE IT HEREBY RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, THAT
SECTION I.
The Director of Utilities of the City of Denton, Texas, be
and is hereby authorized to accept the terms and conditions of
the subject order between the United States of America, Federal
Energy Regulatory Commission, and the City of Denton, Texas.
SECTION II.
This Resolution shall be effective immediately upon its
passage.
PASSED AND APPROVED this the~_~-day of ~ ,
1985.
· / _ WI 1
~ q. STEW~aT, MAYOR
ATTEST:
; CITY SEGK~TA~
TEXAS %/
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
~' ti .
-..
,. ~j:
~~
sor~xcs61.sos
LICENSE
EXTENSION OF TIME
UNITED STATES OF AMERICA
PEDERAL ENERGY REGULATORY COMMISSION
Before Commissioners: Raymond J. O'Connor, Chairman;
Georgians Sheldon., A. G. Sousa,
Oliver G. Richard III and.Charles G: Stalon.
City of Denton, Texas ) Project No. 3939-001
ORDER ISSUING LICENSE (MINOR)
AND DENYING EXTENSION OF TIME
(Issued March 20, 1985)
The City of Denton, Texas (Applicant) has filed an application
fora license under Part I of the Federal Power Act (Act) to
construct, operate and maintain the Ray Roberts Dam Hydroelectric
Project No. 3939. The project would be located at the downstream
terminus of the outlet works of the. proposed Ray Roberts Dam, on
the Elm Pork of the Trinity River, in Denton County, Texas, would
occupy lands•of the United States, and would use a government dam
and reservoir being constructed by the U.S. Army Corps of Engineers.
.Notice of the application has been published and comments have
been received from interested Federal agencies. No protests or
motions to intervene have been received and none of the commenting
agencies objected to issuance of the license. The significant concerns
of the commenting agencies are discussed below.
The Proposed Project
The Applicant proposes the construction of a hydroelectric '
project at the planned Ray Roberts Dam. The proposed dam and
reservoir rill be owned and operated by the U.S. Army Corps of
Engineers (Corps). The proposed hydroelectric project would be
operated run-of-river, with reservoir release rates being controlled
by the. Corps, as agreed upon by the Corps and the Licensee.
The Applicant proposes to develop the flow of a 60-inch low-flow
discharge pipe at a wye, to be installed by the Corps just upstream
from the proposed stilling basin. The. Applicant plans to install
175 feet of penstock, a powerhouse housing one generating unit
with an installed capacity of 1,000 kW, a tailrace, and 2,000
feet of 12'.5-kV transmission line interconnecting with. the Denton
County Electric Cooperative distribution. system. Amore detailed
project description is contained in ordering paragraph (B).
J
Project No. 3939-001 -2-
Commencement of Construction
The Applicant has notified the Commission that its commencement
of project construction is contingent upon the Corps' reservoir
impoundment schedule. According to the Applicant, the turbines
proposed for the project. require half their design head 1/ in
order to operate without being damaged. Based on the Corps' estimate
that the filling of the reservoir should begin by September 1986 "
and the Applicant's estimate that it should.-take at least four
years to fill the reservoir, the Applicant claims that it will
-'not be able to begin to operate the. project until late 1988 or
early 1989 when-the reservoir is at least half full. The Applicant
contends that it should not be required to commence project
construction and therefore commit considerable public funds, until
..the project's estimated completion date corresponds with the
reservoir being sufficiently full to permit the project to actually
operate and.earn a return on the investment of those public funds. 2/
Section 13 of the Federal Pover Act (Act), 16 U.S.C. $'806,
requires construction of a project to begin no later than two years
after issuance of the license. .This ,period may be extended only once
and for no longer than two years. Thus, while the Act provides-for
a combined period of four years to commence construction, the maximum
period that may be permitted under the initial license is two years.
To grant an"extension at the licensing stage would violate the Act's
two year construction requirement. We will follow the plain meaning
of-the Act 3/ that "the time fixed in the license ... shall not be
more than two years from the date [of issuance]," and deny the
Applicant's request.
Moreover, even if we were authorized to grant an extension at the
licensing stage, we believe that the exercise of such discretion is
unwarranted at this time. The Applicant's request is based on its
estimate of the time it will need to build the project, the time
needed to fill the reservoir, and the Corps estimated construction
schedule. It is far too early .to determine the accuracy of these
1/ "Design head' is the head (pressure of the water) at which the
turbine will operate to give the best overall efficiency under
various operating conditions.
2/ The Applicant estimates that it will take ten months to complete
project construction.
3/ See Consumer Product Safety Comm'n. v. GTE Sylvania, Inc., 447 U.S.
102 (1980) (statutory language is conclusive absent clearly expressed
legislative intent to the contrary).
Project No. 3939-001
-3-
projections. Our-staff reports that as of January 1965, the Corps'
construction of the Ray. Roberts Dam is estimated to be approximately
80B.complete. If the Corps is able to accelerate its schedule 4/
and if the reservoir fills at a rate greater. than that anticipated,
the Applicant may find it appropriate to proceed with project-
construction during the two year term provided by the license.
Moreover, as the Applicant proceeds with its preliminary activities
in preparation .for active project construction, it may find its
ten month anticipated construction schedule-may have to be expanded:
In any event,. such determinations are more appropriately made at the
post-licensing stage. 5/
Accordingly, we will deny the Applicant's petition for an
extension of time to commence construction. Our decision is without
prejudice to such a request being refiled at .some future date.
Safety and Adequacy
The proposed Corps' dam is not included in this license. The
proposed development would be safe and adequate if constructed in
accordance with sound engineering practice and the requirements
of this license.
Cultural Resources
Cultural resources may be present in the vicinity of the project.
The Texas State Historic Preservation Officer (SHPO) indicated that
one historic site (site 41DN129) could be impacted by construction _
activities in the vicinity of the proposed powerhouse. The SHPO
recommended that the licensee take precautionary measures to avoid
any construction impacts to the site, and to consult further with
the SHPO if the destruction of any structures at the site would
result from these activities.
In accordance with standard Commission practice, and in order
to implement measures to protect site 41DN129 and to ensure
protection of significant archeological or historical sites that
may be discovered during project construction or during any future
construction at the project, Article 39 is included.
4/ The Applicant has recognized that the Corps is currently running
approximately four to five months ahead of its original completion
date and has based its projections on this schedule.
5/ By letter dated May 9, 19.84, the Applicant stated its intention
to commence construction within .two years if the Commission
did .not grant its requested extension.
Project No. 3939-001- -4-
Fishing Access
The Corps commented that there would be a public fishing platform
below the proposed dam, and indicated 'that the licensee should provide
an additional 100"feet of fishing access downstream .from the platform
in order to allow fishing in the discharge below the powerplant.
The Applicant agreed to provide the additional fishing access,
which would .consist of stairs extending down to the normal water
level and a concrete walkway "a t: that level.
To ensure that tfie public recreational fishing needs are adequately
provided for, Article 38 is included. It would require the licensee
to cooperate with the Corps in developing a public fishing access
area below the dam, and to file as-built drawings showing the location
and type .of facilities provided.
Environmental Impacts
The Texas Department of Water Resources issued a water quality
certificate for the proposed project on March 29, 1982.
Article 40 is included in order to provide for the licensee's
consultation and cooperation with appropriate agencies for the
protection and development of environmental resources and values.
On the basis of. the record, and Staff's independent analysis.,
it is concluded that issuance of a license for the project would
not constitute a major Federal action significantly a8fecting the
quality of the human environment.
Economic Feasibility and Other Aspects of Comprehensive Development
Power generated at the project will be transmitted to the Denton
County Electric Cooperative (Cooperative) to credit the City of
Denton for its power purchased from the Cooperative. The project
would have an installed capacity of 1,000 kW and is estimated to
generate 7,750,000 kWh annually. 6/
The proposed project is economically feasible based on the
sale of project power at the avoided cost in the State of Texas,
adjusted for escalation.
6/ The proposed project will utilize a renewable resource that
saves the equivalent of approximately 12,700 barrels of oil
or 3,590 tons of coal per year.
Project No. 3939-001 -5-
The project is not in conflict with any planned development
and will be best adapted to the comprehensive development of the
Trinity-San Jacinto River Basins under current conditions upon
compliance with the terms and conditions of the license.
Annual Charges
Under Section 10(e) of the Act, the Commission is required to
fix a reasonable annual charge to be paid to the United States for.
the use of a government dam. The Commission, on May 24, 1984,
amended it regulations governing annual charges to licensees for
use of Government dams and other structures under the Act. 7/
Under 'Article 27 of this license,. the provisions of those regulations,
until modified by the Commission, will govern the determination of
annual charges for .use of a Government dam and other structures.
It is ordered that:
(A) This license is issued to the City of Denton, Texas,
(Licensee), under Part I of the Federal Powec Act (Act), for a
period of 50 years, effective the first day of the month in which
this order is issued, for the construction, operation, and
maintenance of the Ray Roberts Dam Hydroelectric Project No. 3939,
located on the Elm Fork of the Trinity River, occupying lands of
the United States and utilizing a proposed dam owned by the United
States administered by the U.S. Army Corps of Engineers. This
license is subject to the terms and conditions of the Act, which
is incorporated by reference as part of this license, and subject
to the regulations the Commission issues under the provisions of
the Act.
(B) Applicant's request for an extension of time to commence
project construction is denied.
(C) The Ray Roberts Dam Hydroelectric Project No. 3939
consists of:-
(1) All lands, to the extent of the Licensee's interest in
those lands, constituting the project area and enclosed by
7/ Annual Charges For Use Of Government Dams And Others Structures
Under Part I Of The Federal Power Act, Order No. 379, 49 Fed. Reg.
22,770 (June 1, 1984), III FERC Statutes and Regulations (CCH)
130,570 (effective August 15, 1984), amended in Dart, Order 379A,
49 Fed. Reg. 33,859 (August 27, 1984), III FERC Statutes and
Regulations (CCH) 1 30,589 (to be codified at 18 C.F.R. ch. I,
pt. .11, subch. B).
:,
Project No. 3939-001 -6-
the project bounder
shown and described
the application for
described as:
Extribit FERC
G-1
y. The project area and boundary are
by certain exhibits that form part of
license and that are designated and
No. 3939- Title
3 Location Plan
G-2 4 Proposed Dam
G-3 5 Project Boundary
(2) Project works consisting of: (1) a 60.0 inch-diameter
penstock, constructed of steel pipe encased in concrete, and
extending 175.0 feet; (2) a reinforced concrete powerhouse,
32.0 feet-long.and 22.0 feet-wide, containing a single
generating unit with an installed capacity of 1,000 kW; (3)
a reinforced concrete tailrace, 18.0 feet-wide and 44'.0 feet-
long; (4) electrical equipment consisting of 4.16-kV generator
leads; 1,090-kVA, 4.16/12.5-kV transformer; approximately
2,000 feet of 12.5-kV transmission line; and (5) appurtenant
facilities.
The location, nature, and character of these project works
are generally shown and described by the exhibits cited
above and more specifically shown and described by certain
other exhibits that also form a part of the application for
license and that are designated and described as:
Exhibit A: Parts A2.1 and A2.2
Exhibit FERC No. 3939- Showing
F-1 1 Plan and Profile
F-2 2 Powerhouse Plan and Section
(3) All of the structures, fixtures, equipment, or facilities
used or useful in the operation or maintenance of the project
and located within the project boundary, all, portable property
that may be employed in connection with the project, located
within or outside the project boundary, as approved by the
Commission, and all riparian or other rights that are
necessary or appropriate in the operation or maintenance of
the project.
(D) .Exhibits A, F, and G, designated in ordering paragraph (B)
above, are approved and made part of the license..
Project No. 3939.-001 -7-
(E) Pursuant to Section 10(11 of the Act, it is in the.
public interest to waive the following Sections of Part I of the
Act, and they are excluded from the license:
Sections 4(b), except the second sentence; 4(e), insofar as
it relates to approval of plans by the Chief of Engineers
and the Secretary of the Army; 6, insofar~as it relates to
public notice and to the acceptance and expression in the
license of terms and conditions of the Act that are waived
here; 10(c}, insofar as it relates to depreciation reserves;
10(d): 10(f); 14, except insofar as the power of condemnation
is reserved; 15; 16; 19; 20; and 22.
.(F) This license is also subject to the terms and conditions
set forth in Form L-17 (revised October 1975), entitled "Terms
and Conditions of License for Unconstructed Minor Project Affecting'
Lands of the United States,' designated as Article 1 through 26,
(except insofar as standard Article 15 relates to a plan for
clearing the reservoir area), attached to and made a part o€ this
license. The license is also subject to. the following additional
articles:
Article 27. The Licensee shall pay the United States the
following annual charge, effective the first day of the month in
which this license is issued:
-(a) For the purpose of reimbursing the United States for
the cost of administration of Part I of the. Act, a reasonable
amount as determined in accordance with the provisions of
the Commission's regulations in effect from time to time.
The authorized installed capacity for that purpose is 1,340
horsepower.
(b) Por the purpose of recompensing the United States for
utilization of surplus water or water power from a Government
dam as determined in accordance with the provisions of the
Commission's regulations in effect from time to time.
Article 28. The design and construction of those permanent
and temporary facilities, including reservoir impounding and deep
excavations, that would be an integral part of, or that could
affect the structural integrity or operation of the Ray Roberts.
Dam shall be done in consultation with and subject to the review
and approval of the U.S. Army Corps of Engineers (Corps) District
Engineer, Fort Worth, Texas. Within 90 days from-the issuance
date of the license, the Licensee shall furnish the Corps and the
Commission's Regional Engineer for their information, a schedule
for submission of design documents and the plans and specifications
for the project. If the schedule does not afford sufficient review
and approval time, the Licensee, upon request of the Corps, shall
meet with the Corps and FERC staffs to revise the schedule accord-
ingly.
Project No. 3939-001 -B-
'Article 29. The Licensee shall file revised Exhibit F
drawings showing the final design of the project for approval
with the Director, Office of Hydropower Licensing, at least
60 days prior to starting construction of any portion of the
project. The Licensee shall not commence construction of that
portion of the project until the Director, Office of Hydropower
Licensing, has approved the revised Exhibit F drawings.
Article 30. The Licensee shall provide to the Commission's
Regional Engineer, the Director, Office of Hydropower Licensing,
and the U.S. Army Corps of Engineers, one copy each of the final
contract drawings and specifications for pertinent features of
the project, such as water retention structures, powerhouse, and
water- conveyance structures, at least 60 days prior to start of
construction. The Director, Office of Hydropower Licensing, may
require changes in the plans and specifications to assure a safe
and adequate project.
Article 31. The Licensee shall review and approve the:design
of contractor-designed cofferdams and deep excavations prior to
the start of construction and shall ensure that construction of
cofferdams and deep excavations are consistent with the approved
design. At least 30 days prior to start of construction of the "
cofferdam, the Licensee shall provide to the Commission's Regional
Engineer and Director, Office of Hydropower Licensing, and the
U.S. Army Corps of Engineers one copy of the appcoved~cofferdam
construction drawings and specifications and a copy of the letter(s)
of approval.
Article 32. The Licensee shall enter into an agreement to
coordinate its plans with the U.S. Army Corps of Engineers (Corps)
for access to, and site activities on, lands and property administere d
by the Corps so that the authorized purposes, including operation
of the Federal facilities, are protected. In general, the agreement
shall not be redundant with the Commission's requirements contained
in this license and shall identify the facility, and the study
and construction activities, as applicable, and terms and conditions
under which studies and construction will be conducted. The agree-
ment shall be mainly composed of the following items: (1) reasonable
arrangements for access to the Corps .site to conduct studies and
construction activities, such access rights to be conditioned by
the Corps as may be necessary to protect the Federally authorized
project purposes and operations; (2) charges to be paid by the Licensee
to the Corps (a) for technical studies by the Corps that relate solely
to the structural integrity or operation of the Corps' facility
associated with power plant development, (b) for review of designs
including plans and specifications, and for construction inspections
based on personnel costs, where such review and inspections are
Project No. 3939-001 -9-
directly related to the structural integrity or operation of the
Corps' dam, and (c) for construction costs that may be incurred
by the Corps for the specific and sole purpose of accommodating
the installation of power facilities at the existing Corps' dam;
'and (3) charges to be paid by the Licensee. to the Corps for copies oc
reports, drawings ahd similar data based on printing and mailing.
costs, provided that charges shall not be assessed for information,
services, or relationships that would normally be provided to the
public. Should the Licensee and the Corps fail to reach an
agreement, the Licensee shall refer the matter to the Commission
for :resolution.
Article 33. The construction, operation and maintenance of
the project works that, in the judgment of the U.S. Army Corps of
Engineers (Corps), Fort Worth District, may affect the structural
integrity or operation of the Corps' project shall be subject to _
periodic or continuous inspections Dy the Corps. -Any construction,
operation or maintenance deficiencies or.difficulties detected by
the Corps inspection will be immediately reported to the Regional
Engineer. Upon review, the Regional Engineer will refer the
matter to the Licensee for appropriate action. The Corps .inspector
will report to the Regional Engineer the need to stop construction;
operation or maintenance while awaiting resolution of construction,
operation or maintenance deficiencies or difficulties if such
deficiency or difficulty would. affect the structural integrity of
the Corps' project. In cases when construction, operation or
maintenance practice or deficiency may result in an emergency
situation causing imminent danger to the structural integrity and
safety of the Corps' project, the Corps inspector has the authority
to stop construction, operation, or maintenance while awaiting
the resolution of the problem.
Article 34. The Licensee shall, prior to commencement of
operationTter into a memorandum of agreement with the U.S. Army
Corps of Engineers (Corps), Fort Worth District, describing the mode
of hydropower operation acceptable to the Corps. The Regional
Engineer shall be invited to attend meetings regarding the agreement.
The memorandum of agreement shall be subject to revision by mutual
consent of the Corps and the Licensee as experience is gained by
actual protect operation. Should the Corps fail to reach an
agreement with the Licensee, the matter will be referred to the
Director, Office of Hydropower Licensing, for resolution. Copies
of the signed memorandum between the Corps and the Licensee and
any revision thereof shall be furnished to the Director, Office
of Hydropower Licensing, and the Regional Engineer.
V
Project No. 3939-001 -10-
Article 35. The Licensee shall have no claim under this
license against the United States arising from the effect of any
changes made in the operation or reservoir levels at the Ray
Roberts Dam.
Article 36. The Licensee .shall, within 90 days of completion
of construction, file for approval of the Director, Office of
Hydropower Licensing., revised Exhibits A and F to describe and
show the project as-built.
Article 37.. The Licensee shall commence construction of the
project w- it-two years from the issuance date of the license
and shall conplete construction of such project works within four
years from the issuance date of the license.
Article 38. The Licensee shall cooperate with the U.S. Army
Corps of Engineers in the development of a public fishing access
area below the dam, and within 90 days from the commencement of
project. operation, file with the Commission as-built drawings
showing the location and type of the facilities provided.
Article 39. The Licensee shall, in consultation with the
Texas State Historic Preservation Officer (SHPO), implement a
cultural resources management plan to avoid any impacts to-historic
site 41DN129 (Site) during construction of the project. If it is
determined that any structures at the Site will be destroyed or
otherwise impacted, the Licensee shall undertake investigations in
consultation with the SHPO to determine the eligibility of the
Site-for the National Register of Historic Places, and to mitigate
any impacts to significant structures. Any necessary documentation
of structures shall be undertaken in accordance with the standards
of the Historic American Buildings Survey (NABS) of the U.S.
Department of the Interior, and in a manner satisfactory to the
SHPO and HABS. The results of any. necessary investigations shall
be filed with the Commission for review at least 45 days prior. to
'any disturbance of these structures. The Licensee .shall make
available funds in a reasonable amount for any such work as
required. If any previously unrecorded archeological or historical
sites are discovered during the course of construction or development
of any project works or other facilities at the project, construction
activity in the vicinity shall be halted, a qualified archeologist
shall be consulted to determine the significance of the sites,
and the Licensee shall consult with the.SHPO to develop a mitigation
plan for the protection of significant archeological or historic
resources. If the~Licensee and the SHPO cannot agree on the
amount of money to be expended on archeological or historic work
related to the project, the Commission reserves the right to
require the Licensee to conduct, at its own expense, any such
work found necessary.
j
1
Project No. 3939-001 -13-
Article 40 .." The Licensee shall continue to consult end
cooperate with appropriate Federal, State and other natural
resource dgencies for the protection and development of the
environmental resources and values of the project area. The
Commission reserves the right to require changes in the project
works or operations that may be necessary to protect and enhance.
those resources and values.
Article 41. (a) In accordance with the provisions. of this
article,-the Licensee shall have the authority to grant permission
for certain types of use and, occupancy of project lands and waters
and to convey certain interests in project lands and waters for
certain other-types of use and occupancy, without prior Commission
approval. The Licensee may exercise the authority only if the
proposed use and occupancy is consistent with the purposes of
protecting and enhancing the scenic, recreational, and other
environmental values of the project. For those purposes, the
Licensee shall also have continuing responsibility to supervise
and control the uses and occupancies for which it grants permission,
and to monitor the use of, and ensure compliance with the covenants
of the instrument of conveyance for, any interests that it has
conveyed, under this article. If a permitted use and occupancy
violates any condition of this article or any other condition .
imposed by the Licensee for protection and enhancement of the
project's scenic, recreational, or other environmental values, or
if a covenant of a conveyance made under the authority of this
article is violated, the Licensee shall take any lawful-action
necessary to correct the violation. For a permitted use or
occupancy, that action includes, if necessary, cancelling the
permission to use and occupy the project lands and waters and
requiring the removal of any non-complying structures and facilities.
(b) The types of use and occupancy of project lands and
waters for which the Licensee may grant permission without prior.
Commission approval are:. (1) landscape plantings; (2) non-commercial
piers, landings, boat docks, or similar structures-and facilities
that can accommodate no more than 10 watercraft at a time where
said facility is intended to serve single-family type dwellings;
and (3).embankments, bulkheads, retaining walls, or similar
structures for erosion control to protect the existing shoreline.
To the extent feasible and desirable to protect and enhance the
project's scenic, recreational, and other environmental values,
the Licensee shall require multiple use and occupancy of facilities
for access to project lands or waters. The Licensee shall also
ensure, to the satisfaction of the Commission's authorized
representative, that the uses and occupancies for which it grants
permission are maintained in good repair and comply with applicable
Project No. 3939-001 -12-
State and local health and safety requirements. Before granting
permission for construction of bulkheads or retaining walls, the
Licensee shall: (1) inspect the site of the proposed construction,
(2) consider whether the planting of vegetation or the use of
riprap would be adequate to control erosion at the site, and (3)
determine that the proposed construction is needed and would not
change-the basic contour of the reservoir shoreline. To implement
this paragraph (b), the Licensee may, among other things, establish
a program for issuing permits for the specified types of use and
occupancy of project lands and waters, which may be subject to
the payment of a reasonable fee to cover the Licensee's costs of
administering. the permit program. The Commission reserves the
right to require the Licensee to file.a description of its standards,
guidelines, and procedures for implementing this paragraph (b)
and to require modification of those standards, guidelines,. or
procedures.
(c) The Licensee may convey easements or rights-of-way
across, or leases of, project lands for: (1) replacement,, exFinsion,
realignment, or maintenance of bridges and roads for which all
necessary State and Federal approvals have been obtained; (2) stozm
drains and water mains; (3) sewers that do not discharge into
project waters; (4) minor access roads; (5) telephone, gas, and
electric utility distribution lines; (6) non-project overhead .
electric transmission lines that do not require erection of support
structures. within the project boundary; (7) submarine, overhead,
or underground major telephone distribution cables or major electric
distribution lines (69-kV or less); and (8) water intake or pumping
facilities that do not extract more than one million gallons per
day from a project reservoir. No later than January 31 of each
year, the Licensee shall file three copies of a report briefly.
describing for each conveyance made under this paragraph.(c) during
the prior calendar year, the type of interest conveyed, the location
of the lands subject to the conveyance, and the nature of the use
for which the interest was conveyed.
(d) The Licensee may convey fee titles to, easements or rights-
of-way across, or leases of project lands for: (1) construction of
new bridges or roads for which all necessary State and Federal
approvals have been obtained; (2) sewer or effluent lines that
discharge into project waters, for which all necessary Federal and
State water quality certificates or permits have been obtained;
(3) other pipelines that cross project lands or waters but do not
discharge into project waters; (4) non-project overhead electric
transmission lines that require erection of support structures
within the project boundary, for which all necessary Federal and
State approvals have been obtained; (5) private or public marinas
that can accommodate no more than 10 watercraft at a time and are
Project No..3939-001 -13-
located at least one-half mile from any other private or public
marina; .(6) recreational development consistent with an approved
Exhibit R or approved report on recreational resources of an Exhibit
E; and (7) other uses, ife (i).the amount of land conveyed for a
particular use is five acres oc less; (ii) all of the land conveyed
is located at-least 75 feet, measured horizontally, from the edge
of the project reservoir at normal maximum surface elevation; and
(iii) no more than 50 total acres of project lands for each project
development are conveyed .under this clause (d)!7) in any calendar
year. At least 45 days before conveying any interest in project
lands under this paragraph (d), the Licensee must file a letter to
the Director, Office of Hydropower Licensing, stating its intent
to convey the interest and briefly describing the type of interest
and location of the lands to be conveyed (a marked Exhibit G or R
map may be used), the nature of the proposed use, the identity of
any Federal .or State agency official consulted, and any Federal
or State approvals required for the proposed use. Unless the
Director, within 45 days from the filing date, requires the Licensee
to file an application for prior approval, the Licensee may convey
the intended interest at the end of that period.
(e) The following additional conditions apply to any intended
conveyance under paragraphs (c) or (d) of this article:
(1) Before conveying the interest, the Licensee shall.
consult with Federal and State fish and wildlife or recreation
agencies, as appropriate, and the State Historic Preservation
Officer..
(2) Before conveying the interest, the Licensee shall
determine that the proposed use of the lands to be conveyed
is not inconsistent with any approved Exhibit R or approved
report on recreational resources of an Exhibit E; or, if the
project does not have an approved Exhibit R or approved report
on recreational resources, that the lands to be conveyed do
not have recreational value.
(3) The instrument of conveyance must include covenants
running with the land adequate to ensure, that: (i) the use
of the lands conveyed shall not endanger health, create a
nuisance, or otherwise be incompatible with overall project
recreational use; and (ii) the grantee shall take all reasonable
precautions to ensure that-the construction, operation, and
maintenance of structures .or facilities on the conveyed lands
will occur in a manner that will protect the scenic, recreational,.
and environmental values of the project.
Project No. 3939-001 -14-
(4) The Commission reserves the
Licensee to take reasonable remedial
violation of the terms and conditions
the protection and enhancement of the
recreational, and other environmental
right to require the
action to correct any
of this article, for
project's scenic,
values.
(f) The conveyance of an interest in project lands under this
article does not in itself change the project boundaries. The
project boundaries may be changed to exclude land conveyed under
this article only upon approval of revised Exhibit G or K drawings
(project boundary maps) reflecting exclusion of that land. Lands
conveyed under this article will be excluded from the project only
upon a determination that the lands are not necessary for project
purposes, such as operation and "maintenance, flowage, recreation,
public access, protection of environmental resources, and shoreline
control, including shoreline aesthetic values. Absent extraordinary
circumstances, proposals to exclude lands conveyed under this
article from: the project shall be consolidated for consideration
when revised Exhibit G or K drawings would be filed for approval
for other purposes.
(G) The Licensee's failure to file a petition for rehearing
of this order shall constitute acceptance of this license. In
acknowledgment of acceptance of this order and its terms and
conditions, it shall be signed by the Licensee and returned to
the Commission within 60 days from the date this order is. issued.
By the Commission.
( S E A L )
Kenneth F. Plumb,
Secretary.
Project No. 3939-001
IN TESTIMONY of its acknowledgment of acceptance of all of the
terms and conditions of.this order, city of Denton, Texas this
~`--
~~d"ay of Maw 19~, has caused its
corporate name to be signed hereto by x. E. Nelson
its
Director of Utilities grid its seal'to
be affixed hereto and attested by charlotte nilen ,
its Clerk, pursuant to a resolution of its Board of Directors,
duly adopted on the ~~ day of~ /~~ljwf ,
19 85, a certified copy of record of which is attached hereto.
By
Director Uti ities
Form L-17
(October, 1975)
FEDERAL ENERGY REGULATORY COMMISSION
TERMS AND CONDITIONS OF LICENSE FOR UNCONSTRUCTED
MII70R PROJECT AFFECTING LANDS
OF TAE UI7ITED STATES
Article 1. The entire project, as described in this
order of the Commission, shall be subject to all of the
provisions, terms, and. conditions of the license.
Article 2. No substantial change shall be made in
the maps- pis, specifications, and statements described
and designated as exhibits and approved by the Commission
in its order as a part of the license until such change
shall have been approved by the Commission: Provided,
however, That if the Licensee or the Commission eems
itT necessary or desirable that said approved exhibits,
or any of them, be changed, there shall be submitted
to the Commission for approval a revised, or additional
exhibit or exhibits covering the proposed changes which,
upon approval by the Commission, shall become a part of
the license and shall supersede, in whole or in part, such
exhibit or exhibits theretofore made a part of the license
as may be specified by the Commission.
Article 3. The project works shall be constructed
in su stunt aT conformity with the approved exhibits
referred tp in Article 2 herein or as changed in accord-
ance with the provisions of said article: Except when
emergency shall require for the protection of navigation,
life, health, or.property, there shall .not be made without
prior approval of the Commission any substantial alteration
or addition not in conformity with the approved plans to any
dam or other project works under the license oz any sub-
stantial use of project lands and waters not authorized
herein; and any emergency alteration, addition, or use
so made shall thereafter be subject to such modification
and change as the Commission may direct. Minor changes in project
works, or in uses of project lands and waters, or divergence
from such approved exhibits may be made if such changes will
not result in a decrease in efficiency, in a material increase in
cost, in an adverse environmental impact, or in impairment of
_ 2
the general scheme of development; but
made without the pr,ior.approval of the
judgment have produced or will produce
shall be subject to such alteration as
direct..
any of such mino_ changes
Commissioh, which in its
any of such results,
the Commission ray
Upon the completion of the project, or at such other
time as the Commission may direct, the Licensee shall submit
to the Commission for approval revised exhibits insofar as
necessary to show any divergence from or variations in the
project area and project boundary as finally located or in
the project works as actually constructed when compared with
the area and boundary. shown and the works°described in the
license or in the exhibits approved by the Commission, together
with a statement in writing setting forth the. reasons which
in the opinion of the Licensee necessitated or justified
variation in or divergence from the approved exhibits. Such
revised exhibits shall, if and when approved by the Commission,
be made a part of the license-under the provisions of Article
2 hereof.
Article 4. The construction, operation, and main-
tenance o~the project and any work incidental to addi-
tions or alterations shall be subject to the. inspection
and supervision of the Regional Engineer, of the
Commission, in the region wherein the project is located,
or of such other officer or agent as the Commission may
designate, who shall be the authorized representative of the
Commission for such purposes. The Licensee shall cooperate
fully with said representative and shall furnish him a
detailed program of inspection by the Licensee that will
provide for an adequate and qualified inspection force
for construction of the project and for any subsequent
alterations to the project. Construction of the project
works or any feature or alteration thereof shall not be
initiated until the program of inspection for the project
works or any such feature thereof has-been approved by
-said representative. The Licensee shall also furnish
- to said representative such further information as he may
require concerning the construction, operation, and
maintenance of the project, and of any alteration thereof,
and shall notify him of the date upon which work will
begin, as far in advance thereof as said representative
may reasonably specify, and shall notify him promptly
in writing .of any suspension of work for a period of.
more than one week, and of its resumption and completion.
The Licensee shall allow said representative and other
- 3 -
officers or employees of the United States, showing proper
credentials, free and unrestricted access to, through, and
across the project lands and project works in the performance
of their official duties. The Licensee shall comply with
such rules and regulations of general or special applicability
as the Commission may prescribe from time Lo time for the
protection of life, health, or property.
Article 5. The Licensee, within five years from the date
of issuances the license, shall acquire title in fee or the
right to use in perpetuity all lands, other than lands of the
United States, necessary or appropriate for'the construction,
maintenance, and operation of the project. The Licensee or its
successors and assigns shall, during the period of the license,
retain the possession of all project property covered by the
license as issued or as later amended, including the project
area, the project works, and all franchises, easements, water
rights, and rights of occupancy and use; and none of. such
properties shall be voluntarily sold, leased, transferred,
abandoned, or otherwise disposed of without the prior written
approval of the Commission, except that the Licensee may lease
or otherwise dispose of interests in project lands oz property
without specific written approval of the Commission pursuant.
to the then current regulations of the Commission. The
provisions of this article are not intended to prevent the
abandonment or the retirement from service of structures, .
equipment,- or other project works in connection with replace-
ments thereof when they become obsolete, inadequate, or
inefficient for further service due to wear and tear; and
mortgage or trust deeds or judicial sales made thereunder,
or tax sales,-shall not be deemed voluntary transfers within
the meaning of this article.
Article 6. The Licensee shall install and thereafter
maintainer and stream-gaging stations for the purpose
of determining the stage and flow of the stream or .streams
on which the project is located, the amount of water held
in and withdrawn from storage, and the effective head on
the turbines; shall provide for the required reading of
such gages and for the adequate rating of such stations;
and shall install and maintain standard meters adequate for
the determination of the amount of electric energy generated
by the project works. The number, character, and location
of gages, meters, or other measuring devices, and the
method of operation thereof, shall at all times be satis-
factory to the Commission or its authorized representative.
1,
-. 4 -
number, character, and location of gages, meters, or
other measuring devices, and the method of operation thereof,
as are necessary to secure adequate determinations. The
installation of gages, the rating of said stream or streams,
and the determination of the flow thereof, shall be under the
supervision of, or in cooperation with, the District Engineer
of the United States Geological Survey having charge.of
stream-gaging operations in the region of .the project, and
the Licensee shall advance to the United States Geological
Survey the amount of funds estimated to be necessary for such
supervision, or cooperation for such periods as may be mutually
agreed upon. The Licensee shall keep accurate and. sufficient
records of the foregoing determinations to the satisfaction
of the Commission, and shall make return of such records
annually at such time and in•5uch form as the Commission
may prescribe.
The Commission reserves the right, after notice and oppor-
tunity for hearing, to require such alterations in the
Article 7. The Licensee shall, after
opportun'~r hearing, install additional
other changes in the project as directed by
to the extent that it is economically sound
public interest to do so.
notice and
capacity or make
the Commission,
and in the
Article 8. The Licensee shall, after notice and
opportunity~r hearing, coordinate the operation of the
project, electrically and hydraulically, with such other
projects or power systems and in such manner as the
Commission may direct in the interest of power and other
beneficial public uses of water resources, and on such
conditions concerning the equitable sharing of benefits
by-the Licensee as the Commission may order.
Article 9. The operations of the Licensee, so-.far as
they a f~ ect the use, storage and discharge from storage of
waters affected by the license, shall at all times be
controlled by such reasonable rules and regulations as
the Commission may prescribe for the protection of life,
health, and property, and in the interest of the fullest
practicable conservation and utilization of such waters
for power purposes and for other beneficial public uses,
including recreational purposes, and the Licensee shall
release water-from the project reservoir at such rate in ..
cubic feet per second, or such volume in acre-feet per
specified period of time, as the Commission may prescribe
for the purposes hereinbefore mentioned.
~:
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Article 10. On the application of any person,
associate- o~ n, corporation, Federal agency, State or
municipality, the Licensee shall permit such reasonable
use of its reservoir or other project properties, including
works, lands and water rights, or parts thereof, as may
be ordered by the Commission, after notice and opportunity
for"hearing, in the interests of, comprehensive development
of the waterway or waterways involved and the conservation
and utilization of the water resources of the region for
water supply or for the purposes of steam-electric,
irrigation, industrial, municipal or similar uses. The
Licensee shall receive reasonable compensation for use
of its reservoir or other project properties or parts
thereof for such purposes, to include at least full
reimbursement for any damages or expenses which the
joint use causes the Licensee to incur. Any such
compensation shall be fixed by the Commission either
by approval of an .agreement between the Licensee and
the party or parties benefiting or after notice and
opportunity for hearing. Applications shall contain
information in sufficient detail to afford a full
understanding of the proposed use, including satisfactory
evidence that the applicant possesses necessary water
rights pursuant to applicable State law, or a showing
of cause why such evidence_ cannot concurrently be submitted,
and a statement as to the relationship of the proposed
use to any State or municipal plans or orders which may
have been adopted with respect to the use of such waters.
Article 11. The Licensee shall, for the conservation
and deveTment of fish and wildlife resources, construct,
maintain, and operate., or arrange for the construction,
maintenance, and operation of such reasonable facilities,
and comply with such reasonable modifications of the
project structures and operation, as may be ordered by
the Commission upon its own motion or upon the recom.:,endation
of the Secretary of the Interior or the fish and wildlife
agency or acencies of any State in which the project or
a part thereof is located, after notice and opportunity
for hearing.
Article 12. T•~henever the United States shall desire,
in connection with the project, to construct fish and
wildlife. facilities or to improve the existing fish and
wildlife facilities at its own expense, the Licensee shall
permit the United States or its designated agency to use,
-~., "
- 6 -
free of cost, such of the Licensee's lands and interests in.
lands, reservoirs, waterways and project works as may be
reasonably required to complete such facilities or such
improvements thereof. In addition, after notice and
opportunity for hearing, the Licensee shall modify the
project operation as may be reasonably prescribed by the
Commission in order to permit the maintenance and operation
of the fish. and wildlife facilities constructed or improved
by the United States under the provisions of this article.
This .article shall not be interpreted to place any obligation
on the United States to construct or improve fish and,wild-
life facilities or to relieve the Licensee of-any obligation
under this license.
Article 13. So far as is consistent with proper
operation n of the project, the Licensee shall allow
the public free access, to a reasonable extent, to
project waters and adjacent project lands owned by the
Licensee for the purpose of full public utilization of
such lands and waters for navigation and for outdoor
recreational purposes, including fishing and hunting:
Provided, That the Licensee may reserve from public
access such portions of the project waters, adjacent
lands, and project facilities as may be necessary for
the protection of life, health, and property:
Article 14. In the construction, maintenance, or
operatio-' n of~e project, the Licensee shall be responsible
for, and shall take reasonable measures to prevent, soil
erosion on lands adjacent to streams or other waters,
stream sedimentation, and any form of water or air pollution.
The Commission, upon request or upon its own motion, may .
order the Licensee to take such measures as the Commission
finds to be necessary for these purposes, after notice
and opportunity for hearing.
Article 15. The Licensee shall consult with the
appropriaTte State and Federal agencies and, within one
year of the date of issuance of this license, shall sub-
mit for Commission approval a plan for clearing the reser-
voir area. Further, the Licensee shall clear and keep-clear
to an adequate width lands along open conduits and shall
dispose of all temporary structures, unused timber, brush,
refuse, or other material unnecessary for the purposes of the.
project which results from the clearing of lands or from the
maintenance or alteration of the project works. In addition,
all trees along the periphery of project reservoirs. which may
1-
- 7 -
die during operations of the project shall be removed. Upon
approval of the clearing plan all clearing of the lands and
disposal of the unnecessary material shall be done with due
diligence and to the satisfaction of the authorized represen-
tative of the Commission and in accordance with appropriate
Federal, State, and local statutes and regulations.
Article 16. Timber on lands of the United States cut,
used, or destroyed in the construction and maintenance of
the project works, or in the clearing of said lands, shall
be paid for, and the resulting slash and debris disposed
of, in accordance with the requirements of the agency of
the United States having jurisdiction over said lands.
Payment for merchantable timber shall be at current stump-
__age_rates, and payment for young growth timber below.._.
merchantable size shall be at current damage appraisal
values. However, the agency of the United States having
jurisdiction may sell or dispose of the merchantable
timber to others than the Licensee: Provided, That timber
so.sold or disposed of ,shall be cut and removed from the
area prior to, or without undue interference with, clearing
operations of the Licensee and in coordination with the
.Licensee's project construction schedules. Such sale or
disposal to others shall not relieve the Licensee of
responsibility for the clearing and disposal of all
slash and debris from project lands.
Article 17. The Licensee shall do everything rea-
sonably whit "in its power, and shall requize its employees,
contractors, and employees of contractors to do every-
thing reasonably within their power, both independently
and upon the request of officers of the agency concerned,
to prevent, to make advance preparations .for suppression of,
.and to suppress fires on the lands to be occupied or used
- - undei the-hicense. The Licensee shall be liable for-and-shall
pay the costs incurred_ by the United States in suppressing
fires caused from the construction, .operation, or main-
tenance of the project works or of the works appurtenant
or accessory thereto under the license.
Article 18. The Licensee shall interpose no ob-
jection to, an shall in no way prevent,. the use by the
agency of the United .States having jurisdiction over the
lands of the United States affected, or by persons or
corporations occupying. lands of the United States under
permit, of water for fire suppression .from any stream,
a
'aRr
8
conduit, or body of water, natural oz artificial, used
by the Licensee-in the operation of the project works
covered by the license, or the use by said parties of
water for sanitary and domestic purposes from any
stream, conduit, or body of water, natural or artificial,
used by the Licensee in the operation of the project
works covered by the license.
Article 19. The Licensee shall be liable for injury to,
or destru~n of, any buildings, bridges, roads, trails,
lands, or other property of the United States; occasioned
by the construction, maintenance, or operation of the
project works or of the works appurtenant•or accessory
thereto under the license. Arrangements to.meet such
liability, either by compensation for such injury or
destruction, or by reconstruction or repair of damaged
property, or otherwise, shall be made with the appropriate
department or agency of the United States.
Article 20. The Licensee shall allow any agency of
the United States, without charge, to construct or permit
_ to be•constructed on, through, and_ across those project_.__ ..
lands which are lands of the United States such conduits,
chutes, ditches, railroads, roads, trails,, telephone and
cower lines, and other routes or means of transportation
and communication as are not inconsistent with the enjoyment
of said lands by the Licensee for the purposes of the. license.
This license-shall not be construed as conferring upon
the Licensee any right of use, occupancy, or enjoyment
of the lands of the United States other than for the
construction, operation, and maintenance of the project
as stated in the license.
Article 21. In the construction and maintenance of
the project, t e location and standards of roads and
trails or. lands of the United States and other uses
of lands of the United States, including-the location
and condition of quarries, borrow pits, and spoil dis-
posal areas, shall be subject, to the approval of the
department or agency of the United States having supervision
over the lands involved.
Article 22. The Licensee shall make provision, or
shall bear t e reasonable cost, as determined by the
agency of the United States affected, of making provision
for avoiding inductive interference between any project
~T .O
i•
- 9 -
transr.,ission line or other project facility constructed,
operated, or maintained under the license, and any radio
installation, telephone line, or other communication
facility installed or constructed before or after con-
struction of such project transmission line or other
project facility and owned, operated, or used by such
agency of the United States in administering the lands
under its jurisdiction.
Article 23. The Licensee shall make use of the Commission's
guidelines ana other recognized guidelines for treatment of
transmission line rights-of-way, and shall clear such portions
of transmission line rights-of-way across lands of the United
States as are designated by the officer of the United States
in charge of -the lands; shall keep the areas so designated
clear of new growth, all refuse, and inflammable material
to the satisfaction of such officer; shall trim all branches
of trees in contact with~or liable to contact the trans-
mission lines; shall cut and remove all dead or leaning
trees which might fall in contact with the transmission
lines.; and shall take such other precautions against
fire as may be required by such officer. No fires for
the burning of waste material shall be set except with
the prior written consent of the officer of the United
States in charge of the lands as to time and place.
Article 24. If the: Licensee shall cause or suffer
essential pro ect property to be removed or destroyed
or to become unfit for-use, without adequate replacement,
or shall abandon or discontinue good faith operation of
the project or refuse or neglect to comply with the
terms of the license and the lawful orders of the
Commission mailed to the recoid address of the Licensee
or its agent, the Commission will deem it to be the
intent of the Licensee to surrender the license. The
Commission, after notice and opportunity for hearing,
may require the Licensee to remove any or all structures,
equipment and power lines within the project boundary
and to take any such other action necessary to restore
the project waters, lands, and facilities remaining
within the project boundary to a condition satisfactory
to the United States agency having jurisdiction over
its lands or the Commission's authorized representative;
as appropriate, or to provide for the continued operation
and maintenance of nonpower facilities and fulfill such
other obligations under the license as the Commission
.
_
Y
`•
~•
- 10 -
may prescribe. In addition, the Commission in its
discretion, after notice and opportunity for. hearing,
may also agree to the surrender of the license when the
Commission, for the reasons recited herein, deems it to
be the intent of the Licensee to surrender the license.
Article 25. The right of the Licensee and of its
successors an assigns to use or occupy waters over
which-the United States has jurisdiction, or lands of
the United States under the license, for the puipose
of maintaining the project works or otherwise, shall
absolutely cease at the end of the license period,
unless the Licensee has obtained a new license pursuant
to the then existing laws and regulations, or an annual
license under the terms and conditions of this license.
Article 26. The terms and conditions expressly
set fort in t e license shall .not be construed as
impairing any terms and conditions of the Federal Power
Act which are not expressly set forth herein.
N xt Document
1095L
RESOLUTION
A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO SIGN AND SUBMIT TO THE DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT A FINAL STATEMENT OF OBJECTIVES AND PROJECTED USE OF
FUNDS WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED
BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED.
WHEREAS, the City of Denton, Texas, is concerned with the
development of viable urban communities, including decent housing,
a suitable living environment and expanded economic opportunities,
and
WHEREAS, the City of Denton, Texas, has a special concern for
persons of low and moderate income, and
WHEREAS, the City of Denton, Texas, as an entitlement City,
has prepared, through a citizen participation process, a program
for utilizing its first year entitlement funds in the approximate
amount of $677,918, and
WHEREAS, the public hearing will have been held in accordance
with the law, and
WHEREAS, the Act requires an application and appropriate
certification, NOW~ THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT
SECTION I.
The City Council of the City of Denton, Texas, authorizes the
City Manager to sign and submit to the Department of Housing and
Urban Development a grant application and appropriate assurances
for entitlement funds under the Housing and Community Development
Act of 1974, as amended.
SECTION II.
That the City Council of the City of Denton, Texas, authorizes
the Director of Planning and Community Development to handle all
fiscal and administrative matters related to the application, the
Housing Assistance Plan and the assurances.
PAGE 1
SECTION III.
This this Resolution shall take effect zmmediately from and
after its passage.
SECTION IV.
That the City Secretary is hereby authorized to furnish copies
of this Resolution to all interested parties.
PASSED AND APPROVED this the ~ day of~, 1985.
o.]STE a , SA Ote
~ CITY OF D~iNTON, TEXAS
ATTEST
CHARLOTTE ALLEN,- CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
PAGE 2
RESOLUTION
wHEREAS, the City of Denton purchased certain real property
for it~ sanitary sewer facility on July 7, 1978, from Anthony
Scalis~; and
WHEREAS, the Deed received from Mr. Scalise dated July 7,
1978, and recorded in Volume 899, Page 786, Deed Records of Denton
description,
County~ Texas, contained an erroneous property
conve~ing 108.05 acres of land instead of 68.0 acres as intended
by bot~ parties to the transaction, and
WHEREAS, Mr. Scalise caused the Deed to be refiled in Volume
1169, Page 687, Deed Records, Denton County, Texas, October, 1982,
to correct the legal description to show a conveyance of 68.0
acres po the City, and
WHEREAS, Mr. Scalise, through Plano Title Company, has
requested that the City confirm and ratify the Deed as refiled, and
' d
WHEREAS, the City pal for and continues to occupy only the
68.0 acres described in the Deed as refiled, NOW, THEREFORE,
BE IT]RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT.
SECTION I.
' r is hereby authorized to execute the attached
TRe City Man,g? ~= =~_ ~4~., ~f Denton. confirming the Deed
Ratification on oema~z o~ ~%~%~ Wolume ~169, Page 687, Deed
from IAnthony Scalise as re~z~e~ ~, -
Records of Denton County, Texas.
The City Secretary is directed to forward a certified copy of
this Resolution, with the executed original Ratification attached,
to Pl~no Title Company for recording purposes.
%Rlis Resolution shall be effective immediately upon its
passage and approval. ~
pASSED AND APPROVED this the day of
~IO~IARD -O. ~TEWAR~,
~CIT~ OF D~TON, TEXAS
ATTEST:
CHARLOT'~'~ -ALL~, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM.
DEBt~AADAMI DHAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:~
8s/oi34 Ks
RATIFICATION:
STAg OF TEXAS )
)
c0u Y OF omwo )
WHEREAS, by Deed dated July 7, 1978, recorded in Voluns 899, Page 786,
Deed ,Records of Denton County, Texas, Anthony Scallsef Trustee, sold and
conve~sd to The of Denton,
City for Ten and No/100 Dollars ($10.00), and
othe~ good and valuable considarat~ons, the following described property
to-w&t,
BEING 108.05 acres of land, being part of 2/3 of a League of Land patented
to Gideon Walker, October 8, 1845, by Patent No. 242, Volume 4, and beulg
situated ~1 the County of Denton, State of Texas.
WHEREAS, by s~ls Deed dated July 7, 1978, re-filed in Volune 1169,
Page :687, Deed Records, Denton County, Texas, for the sole purpose of
correcting the legal descriDtion to less acreage descrzbed as follows:
BEING 68.00 acres of land, Gideon Walker Survey, Abstract No. 1330, Denton
Count~, Texas, being part of a certain (called) 108.05 acre tract described
· n a deed frcm J. W. Kellum, et ux, to N. T. Wllkerson, et ux, on Jao,,~y 7,
1953, recorded in Vol~e 385, Page 87, Deed Records of Denton County, Texas.
NOW, THE~EFOi~, 2/1 consideration of the premise and for the purpose of
lmpart2/lg v~lidlty to the above mentioned Deed of Conveyance, The City of
DentQn, does hereby ratify and conf~rm the accuracy and val~dzty of said
Wmtness My Hand, thls__day of , 1985.
THE CITY OF DENTON
STATE OF TEXAS
~ OF D~IDN
Th~s instrumsnt was acknowledged before me on
, 1985, by ,
'of The City of Denton.
Notary Public, State of Texas
My commission ex : ree,
Pr3.nt N~re~
RESOLUTION
WHEREAS, the term of office for Place 4 of the City of Denton,
Texas on the Board of Directors of the Texas Municipal Power
Agency will terminate July, 1985, and
WHEREAS, Richard O. Stewart was heretofore appoznted by the
City Council of the City of Denton, Texas to Place 4 on the Board
of Directors of the Texas Municipal Power Agency and has since
been serving as a Director, NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS.
SECTION I.
Pursuant to the terms and provisions of Ordinance No. 75-22 of
the City of Denton, Texas, Richard O. Stewart is hereby appointed
to the two year term of office to Place 4 on the Board of
Directors of the Texas Municipal Power Agency. The term of office
begznning July, 1985 and ending July, 1987.
SECTION II.
This Resolution shall become effective from and after its date
of passage, and it is so ordered.
PASSED AND APPROVED this the 18th day of June, 1985.
ATTEST:
c~ITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRAADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
lll8L
RESOLUTION
WHEREAS, Zane Lemon has requested that Pembrooke and Lynhurst
Streets at the intersection of Pennsylvania and Lon§rtdge, public
streets within the corporate limits of the City of Denton, Texas
be temporarily closed to public vehicular traffic between the
hours of 3:00 p.m. to 9:00 p.m. on June 29, 1985, for the purpose
of having a neighborhood block party, and
WHEREAS, Zane Lemon has assured the City Council that all
residen~s in such block have agreed to the temporary closing of
Pembrooke and Lynhurst Streets at the intersection of Pennsylvania
and Longridge, and
WHEREAS, Zane Lemon has further assured the City Council that
no alcoholic beverages will be served at the above-mentioned block
party,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DENTON, TEXAS:
SECTION I.
That Pembrooke and Lynhurst Streets at the intersection of
Pennsylvania and Longridge, public streets in the corporate limits
of the City of Denton, Texas, be temporarily closed to vehicular
traffic from the hours of 3.00 p.m. to 9'00 p.m. on June 29, 1985,
for the purpose of having a netghorhood block party.
SECTION II
That the City Manager shall direct the appropriate City
Department to erect barricades at Pembrooke and Lynhurst Streets
at the intersections of Pennsylvania and Longridge at 3:00 p.m. on
June 29, 1985, and to have the same removed at 9.00 p.m. on said
date.
PASSED AI~D APPROVED this the /~ day of June, 1985.
ATTEST:
CHARLOTTE~J~LEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
ll13L
RESOLUTION
WHEREAS, the City of Denton has established and maintained a
Public Library for the use of its patrons, and
WHEREAS, the services provided by the Library enhance the
quality of life of the individuals that utilize said services and
of the residents of the City of Denton and the County of Denton,
and
WHEREAS, the public libraries throughout the County of Denton
provide services to County residents and the providing of such
services necessitates funding,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
DENTON, TEXAS:
SECTION I.
The City Council of the City of Denton, Texas hereby supports
the concept of County funding for public libraries so that all
libraries located within Denton County can be accessible to all
County residents.
SECTION II.
The Council further would encourage and support the funding of
public libraries throughout the County at a level that supports
the services provided by each library for the residents of the
County, and specifically, the Council would encourage the
Commissioners of the County of Denton to support the funding
concept developed by the County Library Committee which provides
for County funding by the Denton Public Library in the amount of
$123,188.00 for the 1985-86 fiscal year.
AND APPROVED this the 1985.
PASSED
CITY OF DENTOn, TEXAS
ATTEST.
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
RESOLUTION
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS
SECTION I.
That pursuant to Article 7M of Appendix B (the Zoning
Ordinance) of the Code of Ordinances of the City of Denton, Texas,
Holigan Development Company is hereby authorized to operate a
temporary concrete batching plant for a period not to exceed six
(6) months on the following described property.
Being 104.284 acres of land located in the Morreau Forrest Survey,
Abstract No. 417, Denton County, Texas and being the same tract of
land conveyed to Henry S. Miller, Co., Trustee, by the deed
recorded in Volume 589, Page 291 of the Deed Records of Denton
County, Texas. Said Henry S. Miller, Co., Trustee Tract being
also known as Lot 3, Block C of the subdivision of Morreau Forrest
Survey, Abstract No. 417, Denton County, Texas, as shown by the
map or plat of said subdivision in said survey of record in Volume
50, Page 236 of the Deed Records of Denton County, Texas. Said
104.284 acres being more particularly described by metes and
bounds as follows:
BEGINNING at a 1/2 inch iron rod by a fence corner post in the
northeast right-of-way line of Farm to Market Road No. 426 and
being the southwest corner of said Lot 3, Block C of said
subdivision,
THENCE north 00°57'52'' east 2801.91 feet along the west boundary
line of said Lot 3, being east boundary line of Lot 2 of said
subdivision to a 2 inch steel fence post in the south right-of-way
line of Mills Road whose average width is 55 feet. Said steel
post being the northwest corner of said Lot 3 and the northeast
corner of said Lot 2, Block C of aforesaid subdivision,
THENCE south g8°49'29'' east 1445.37 feet along the south
right-of-way line of said Mills Road to a 1/2 inch iron rod at the
northeast corner of said Lot 3, being the northwest corner of Lot
4 of sa.id subdivision,
THENCE south 01°08'06'' west 2218.34 feet along the east boundary
line of said Lot 3 to a 1/2 inch iron rod at the northeast corner
of a 15 foot access strip,
THENCE north 89012'23'' west 15.03 feet to a 1/2 inch iron rod at
the nor'thwest corner of said 15 foot access strip,
THENCE south 00°59'19'' west 1355.47 feet along the west boundary
line of said 15 foot access strip to a 3/4 inch iron pipe in the
northeast right-of-way line of aforesaid Farm to Market Road No.
426,
THENCE along the northeast right-of-way line of said Farm to
Market Road No. 426 as follows:
1. north 53°44'27'' west 245.60 feet to a 1/2 inch iron rod at the
beginning of a curve to the left,
2. northwesterly 386.13 feet along said curve to the left having a
radius of 3078.86 feet, a central angle of 07°11'08'' and a
PAGE 1
chord bearing north 58°59'26'' west 385.88 feet to a 1/2 inch
iron rod at the end of said curve;
3. north 62°35'00'' west 992.60 feet to a place of beginning con-
taining 104.28 acres of land.
SECTION II.
That this Resolution shall become effective immediately upon
its passage and approval.
AND APPROVED this the ~7~day of ~z~, 1985.
PASSED
~TSTEWAI~, MAYOR~4~
CITY OF D/NTON, TEXAS
ATTEST.
TT~ AL~MN ~ crr¥ SECRETAKY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM.
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
PAGE 2
Next Document
1125L
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
The Mayor is hereby authorized and directed to execute on
behalf of the City of Denton, Texas, a Pipe Line License Agreement
dated July 1, 1985, between the City of Denton and the Missouri-
Kansas -Texas Railroad Company, tel at lng to the construction,
reconstruction, use, maintenance, repair and installation of one
fourteen znch (14") sanitary ~ewer line at Mile Post K-723.09,
Denton County, Texas. ~d ~
PASSED AND APPROVED this the ay of , 1985.
~CF~ARD 0 f'STEWA~, MAYOR ~$'
'CITY~ OF D~TON,TEXAS
ATTEST
CHARLOTTE 'ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
991L
RESOLUTION
WHEREAS, the Director of the Personnel/Employee Relations
Department for the City of Denton has presented proposed policies
regarding employee rules and regulations for the Council's
consideration, and
WHEREAS, the City Council desires to adopt such policies as
official policies regarding employment with the City,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
DENTON, TEXAS, THAT:
SECTION I.
The following policies, attached hereto and made a part hereof,
are hereby adopted as official policies of the City of Denton,
Texas'
Residency (Reference No. 102.03)
Performance Appraisal (Reference No. 104.03)
Accrual of Benefits (Reference No. 107.01)
Absence for Voting (Reference No. 111.03)
Mandatory Retirement (Reference No. 112.03)
SECTION II.
The foregoing policies are attached hereto and made a part
hereof and shall be filed in the official records with the City
Secretary.
SECTION III.
The Employee Rules and Regulations of 1976 adopted by Resolution
of the City Council on February 1, 1977, are hereby rescinded to
the extent they conflict with the foregoing policies and any
administrative procedures and directives issued under the authority
of the City Manager implementing the policies hereby adopted.
SECTION IV.
This Resolution shall be effective from and after its date of
passage and approval.
PASSED AND APPROVED this the ay of , 1985.
~(iqHARD o
'CITY OF D~NTON, TEXAS
ATTEST:
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM'
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
CITY OF DENTON .AGE or_L__
REFERENCE
SECTION NUMBER
PgI~SONNEL/gt~PLOY~B EELAT[ONS 102 03
EFFECTIVE DATE
SUBJECT
EH[~LOYgg &PPO[NTHI~NT
REPLACES
TITLE
RESTD~NCY
POLICY
Residency requirements for employees of the City of Denton shall be based
entirely on the requirements of the position held by the employee
[~mted[ate supervisors, with the specific approval of their department
directors, may establ[Bh reasonable response time requirements for
certain positions which may be subject to emersency recall and/or
periodic service on a stand-by statue
II & definition off and sutdeltnea for establish[ns reasonable response time
will be explained by the employee's supervisor at the time of employment
and/or at any time when Job requirements or response time au[del[neB
Estployeee of the City o£ Denton shall not be required to nor
discriminated asa[nat for not establtehins a residence within the
corporate city limits off Denton However, ability to meet established
response time requirements for some positions will be considered
condition of employment
0253S
O5/16185
CITY OF'DENTON .Aos_g. oF
POLI(3YiADMI~IfaTRA~¥B PROOBDURB/ADMINISTRATI¥1 DIRSeOTIVB
~SF~:~s:NC~:
NUMBSR
SECTION
P~.RSONN~L/EHPLOYEE RELATIONS 104 03
EFFECTIVE OATE
SUSJECT
E~BLO'~'EE DE'VELOP~ENT AND TEAINING
REPLACES
TITLE
PEEEOEMANCE APPEAISAL
POLICY STATEMENT
It is the policy o~ the City of Denton and the responsibility of the i~uedtate
supervisor to review each employee's Job performance at least once every twelve
(12) months Employees at the top of the pay plan will continue to receive
annual performance appraisals.
The City wants all employees to know how they sro dotn~ on the Job, A
Performance Review is used to maintain a record of proEress and to evaluate job
performance The employee evaluation is based on pro~ress and performance since
the last review
The purposes of the employee performance review are
1 To in~ot~a the employee of job prosress by accurately measurinS current
performance levels
2 To determine and record the employee's special talents, skills,
capabilities, and ways to reinforce the employee's atrensths
3 To provide an opportunity for employees to Stye feedback [o their
supervisor abou[ their jobs; to discuss co.on problems and possible
sotu[ions
~ ~o discuss cicero in[steals and ~dent[fy an~ p~oblems so fu[u~e
pec~or~nce ~[~1 improve
5 ~o be used as a snide for ~kins decisions resardtns ~ase ad~us[men[s,
pcomo[tona, d[scip[in~cy actions, ceaaatsn~n~s, e~c
6 ~o ssi Soals for future perform&ace expec~a[tons A[ ihs poin[ of htce,
~ob factors/Soals ace ea[abltshed by a~pecvisoc and conveyed to employee
0189s
01/16/85
CITY OF DENTON - .Ao ,oF
POLiCY i ADMiNZBTRATI¥B PRO~ieDUNBiADMIHIB?RATIYB DIRE(3TIV~
REFERENCE
NUMBER
EFFECTIVE SATE
SUBJECT
ACCRUAL OF BENEFITS
~EPLACES
TITLE AC~U~ OF ~F[TS
POLICY STATEMENT
E~ployeeE work[nB less then 20 hours per week do not accrue any benefits
ReBular 9art-tL~e employees wockinB at least 20 hours but less than 30 hours
per weeklacnrue benefits on a half-time bas[B, nebular part-time employees
reBularly work[nB et lees[ 30 hours but less than 40 hour8 per week accrue
benefits on a 3/4 ttme basts; and reBular employees work[nB full time shell
accrue benefits on a full beets ReBular pert-time employees will not accrue
the follow[nB benefits
a LonB~term D[Beb[lity
b Lon5ev[ty Pay
c Tu[ttoe Reimbursement
d Bonus Time
To be el[Bible for these benefits, you must be · nebular full-time employee
Temporary and seasonal employees do not accrue benef[ts
0506a
06/18/85
CITY OF' DENTON FAGE OF
pOt. IOT/&D'U'Ii~IIBTIIATI¥'e PROOI~DUIIII/&DlaINtSI?RA?[¥TM D'reEOTI¥"~
REFERENCE
SECTION p~I[SONN~L/~MPLO~E~- REL&I[ONS NUMBEI~.~.[ 03
EFFECTIVE OATE
SUBJECT &PpP, OVED [,RAVE [1/20/84
REPLACES
TITLE A. BS1~:NCE POE VOTTNG
POLICY
It is the policy o~ the City o~ Denton to allow employees short-term paid
leaves of absence when work achedultn~ would prohibit participation as a voter
tn national, state, county, district, and municipal elections
The City of Denton will provide the opportunity for an employee to attend a
precinct convention of a political party with which the employee is affiliated
or is eligible to efiiltate or ~ttendins a county, district or state
convention to which the employee is a duly constituted delesate An employee
must request a lc&ye without pay for the anticipated absence for the purpose
of attending a political convention, but the employee will not be penalized in
any other way for the exercise of such prtv[ledEe
U~on consideration of ~n emp[oyee's request, eupervtsors~may approve
short-term absences to vote oc attend political conventions Requests must be
made to the ~edt~te supervisor no l~ter then the employee's last work day
pceceed~nE the election &pproval for absence will be based on the work load
of the department and whether or not the employee's work schedule prohibits
voter p~rtic~p~t[on guperv[socs may require proof of voter reEds[cat[on
prior to ~ppcoval of absence
0255~
06/18/85
CITY OF DENTON PAGE ~
REFERENCE
NUMBER
SECTION
p,~OH~er./E~PLO~g~ ~e~.A~[ON8 112 03
EFFECTIVE DATE
SUSPECT
REPLACES
1976 Eu[es
TITLE
~A~A~OR~ RE~[R~EN~ Re~ul~tLons
POLICY 8~&~,MEN~
The m~n~toc~ cet~cement ~e ~oc C~t~ o~ Denton employees ~s seveat~ (?0) ~e~rs
o~ ~e ~hen employees re,ch the ~e o~ ?0 the~ must cet~re
0671~
06/25/85
RESOLUTION
WHEREAS, on May 29, 1985, President Reagan submitted his tax
proposal for "fairness, growth and simpliczty" to Congress, and
WHEREAS, included in the President's tax proposals are
provisions which would eliminate or limit the tax-exemption of
state and local government bonds including bonds issued by the
City of Denton, and
WHEREAS, the President's proposals would deny tax-exempt
status to bonds where the private section benefits directly or
indirectly from the use of more than one percent of the proceeds
of the bond issue, would eliminate all advance refundings of
tax-exempt bonds, would restrict the investment of bond proceeds,
would require that certain earnings from the investment of bond
proceeds be paid to the U. S. Treasury Department, would require
that an Internal Revenue Service information report be filed for
every bond issue, and would impose additional taxes on banks that
purchase tax-exempt bonds, and
WHEREAS, each of the President's proposed limitations on
tax-exempt municipal bonds would adversely affect the City of
Denton by increasing borrowing costs, requiring continuous
administrative review of bond issues and the use made of
facilities financed with such issues, requiring filings with the
Internal Revenue Service and review by the Internal Revenue
Servzce of each bond issue, and 0eopardizing the tax-exemption on
bonds where the private sector benefxts directly or indirectly
from the use of more than one percent of a prooect fznanced by
such bonds, and
WHEREAS, the President's municipal bond proposals will result
in an increase in the cost which must be passed on to the
residents of the City of Denton, will reduce the ability of the
City of Denton to provide vital public services to such residents
PAGE 1
and will impose added federal bureaucratic controls over the
provision of such services; NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT
SECTION I.
The City Council goes on record as opposing the limitations
and restrictions on municipal bonds proposed by the President,
which, if enacted into law would adversely affect all tax-exempt
municipal bonds, including bonds issued by the City of Denton.
SECTION II.
Copies of this Resolution shall be sent to members oi Congress
urging them to oppose the provisions of the President's tax pro-
posals which would impose new limitations on issuers and
purchasers of municipal bonds.
SECTION III.
This Resolution shall be effective from and after its date of
passage and approval.
PASSED AND APPROVED this the 16th day of July, 1985.
ATTEST.
APPROVED AS TO LEGAL FORM.
DEBHA~I DHAYOVITCH, CITY ATTO~EY
CITY OF DENTON, TEXAS
PAGE 2
1148L
RESOLUTION
WHEREAS, the United States House of Representatives has
proposed to cut the General Revenue Sharing Program, under the
provisions of the Local Government Fiscal Assistance Act, by 25
percent effective October 1, 1985, and
WHEREAS, the United States Senate has proposed full funding of
the General Revenue Sharing Program for another year, and
WHEREAS, a reduction of revenue sharing funding would make it
difficult for the City of Denton to maintain the current level of
services in vital program areas and impose a definite fiscal
strain,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
DENTON, TEXAS, THAT'
SECTION I.
That the City Council of the City of Denton hereby requests
the United States Congress to continue the General Revenue Sharing
Program under the Local Government Fiscal Assistance Act as the
Senate has proposed to do.
SECTION II.
That the City Secretary forward official copies of this
resolution to the President of the United States, to the President
of the Senate and Speaker of the House of Representatives of the
United States Congress, to the Secretary of Labor, and to each
member of the Texas delegation to the Congress, with the request
that it be entered £n the Congressional Record as a memorial to
the Congress of the United States of America.
SECTION III.
That this resolutzon shall become effective immediately upon
its passage and approval. //F~d ~
PASSED AND APPROVED this the ay of , 1985.
~IC~i~RD U./'STEWA/~r, [YOR ]/
'CITY OF D~NTON, TEXAS
ATTEST:
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
929L
RESOLUTION
WHEREAS, it is necessary for the Council of the City of Denton
to authorize the submission of an application to the Texas Rental
Rehabilitation Program Fund for federal funds, and
WHEREAS, the City of Denton is eligible to receive such funds
and desires to apply for federal funds administered by the Texas
Rental Rehabilitation Program Fund, and
WHEREAS, the City of Denton, as an entitlement City, has
prepared a program for utilizing its share of the fund for
rehabilitation of privately owned rental property to be used
~r~arily for residential rental purposes in the amount of
100,000, and
WHEREAS, the City of Denton desires these funds to support the
rehabilitation of privately owned rental property, NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS SECTION I.
That the City Council of the City of Denton, Texas authorizes
the City Manager to sign and submit to the Texas Rental
Rehabilitation Program Fund a grant application and appropriate
assurances for entitlement funds under the Housing and Community
Development Act of 1974, as amended.
SECTION II.
That the City Council of the City of Denton, Texas authorizes
the City Manager to handle all fiscal and administrative matters
related to the application and the assurances required therefore.
SECTION III.
That the City Secretary is hereby authorized to forward a
certified copy of this Resolution to the Department of Housing and
PASSED AND APPROVED this the _ ay of , 1985.
z~IC%IARD O~ STEWART,- ~YOR--~
'CIT~ OF D~NTON, TEXAS
A~LOTT~f;ALLEN~ CITY ~ECRETA'KY //
OF NTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI D~YOVITCH, CITY ATTORNEY
CITY OF DENTON, TE~S
1143L
RESOLUTION
WHEREAS, on the 25th day of June, 1985, the Commissioners
Court of the City of Denton, Texas, voted to appropriate the sum
of $88,308.00 as Level 2 funding to fund library services provided
by the Emily Fowler Public Library, and
WHEREAS, the City Council of the City of Denton, Texas, is
desirous of accepting, on behalf of the Emily Fowler Public
Ltbrary~ this funding and recognizes the County's interest mn
enhancing the quality of life of the residents of Denton County,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
DENTON, TEXAS.
SECTION I.
The City Council of the City of Denton, Texas hereby
acknowledges its intention to partzcipate zn the Level 2 funding
of the Emily Fowler Public Library from the County for the 1985-86
fiscal year . ~__~d
PASSED AND APPROVED this the ay of , 1985.
~I~%KD-O.~TEWAR~, MAYOR~-;
'CI~ OF D~NTON, TEXAS
ATTEST,
APPROVED AS TO LEGAL FORM:
DEBRAADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
1087L
RESOLUTION
WHEREAS, in 1974 the United States Congress extended the
application of the federal Fair Labor Standards Act to the 50
states and their political subdivisions, and
WHEREAS, the United States Supreme Court two years later
invalidated that action for most purposes, holding that the
Congress had no power to enforce overtime and minimum wage
provisions against states in areas of traditional governmental
functions [National League of Cities v. Usery, 426 U.S. 833
(1976)]; and
WHEREAS, on February 19, 1985, however, the Court overruled
mrs earlier opinion, finding the distinctions created by that
opinion to be unworkable while commenting that the states and
their political subdivisions, if dissatisfied with the court's new
opinion, could encourage the Congress to modify the law [Garcia v.
San Antonio Mass Transit Authority, 53 LW 4135 (1985)], and
WHEREAS, the effect of the Garcia decision has been to make
all state agencies and political~ivisions subject to the law
immediately, without time to prepare for the transition, and
WHEREAS, the resulting fiscal impact on Texas state an local
governments will be significant, overtime requirements for state
and local governments could be particularly burdensome, since the
federal law requires time and one-half payment for hours that were
prevzously compensated by equivalent time o~f, and
WHEREAS, the City of Denton has, for many years, provided an
equitable compensatory time system for City employees who work
overtime, and many City employees prefer that system of
compensation to the one that is now to be required, and
WHEREAS, the reduction of hours worked for Fire Fighters from
an average of 56 hours per week to 53 hours per week also will
create an excessive financial burden on the City of Denton, and
WHEREAS, the federal law, as characterzzed by the Supreme
Court in 1976, is an interference "with the integral governmental
functions" of state and local governments to such a degree as to
'zmpair the States' ability to functzon effectively in a federal
system", and
WHEREAS, it results in substantially increased costs in a time
of limited revenue, weakens the delivery of public services to the
citizens of Denton, and penalizes the City for choosing to hire
governmental employees on terms that are different from, but not
necessarily less beneficial than, those sought by the Congress, and
WHEREAS, this imposition is especially ironic, given that the
United States Congress is itself exempt from the law, NOW,
THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS
SECTION I.
That the City Council of the City of Denton hereby requests
the United States Congress to exempt state and local governmental
employees from the Fair Labor Standards Act.
SECTION II.
That the City Council of the City of Denton hereby requests the
Secretary of Labor, while we attempt to influence the Congress to
amend the Fair Labor Standards Act, to work with the representatives
of the National League of Cities, the Texas Municipal League and
other public interest groups to provide administrative relief under
the Department of Labor's regulatory authority to develop rules
which provide some flexibility for key governmental operations such
as fire and police.
SECTION III.
That the City Secretary forward official copies of this
resolution to the President of the United States, to the President
of the Senate and Speaker of the House of Representatives of the
United States Congress, to the Secretary of Labor, and to each
member of the Texas delegation to the Congress, with the request
that it be entered in the Congressional Record as a memorial to the
Congress of the United States of America.
SECTION IV.
That this resolution shall become effective immediately upon
PASSED AND APPROVED this ay of , 1985.
ATTEST:
OTTEI~LLE~jCITY ~ECRET~RYf/
OF DMTON, TEXAS ~
APPROVED AS TO LEGAL FORM.
DEBRA ADAMI DRAYOVlTCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
PAGE 2
1146L
RESOLUTION
WHEREAS, the Director of the Personnel/Employee Relations
Department for the City of Denton has presented a proposed policy
regarding employee rules and regulations for the Council's
consideration, and
WHEREAS, the City Council desires to adopt such policy as an
official policy regarding employment with the City,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
DENTON, TEXAS, THAT
SECTION I.
The following policy, attached hereto and made a part hereof,
is hereby adopted as an official policy of the City of Denton,
Texas
Overtime (Reference No. 106.04)
SECTION II.
The foregoing policy is attached hereto and made a part hereof
and shall be filed in the official records with the City Secretary.
SECTION III.
The Employee Rules and Regulations of 1976 adopted by Resolution
of the City Council on February 1, 1977, and the Overtime Polzcy
adopted September 18, 1984, are hereby rescinded to the extent they
conflict with the foregoing polzcy and with any administrative
procedures and directives issued under the authority of the City
Manager implementing the policy hereby adopted.
SECTION IV.
That Policy Reference No. 106.05, addressing compensatory time,
zs hereby, in all thin§s, rescinded.
SECTION V.
This Resolution shall be effective from and after zts date of
passage and approval. //~ ~
PASSED AND APPROVED this the~. ~day of , 1985.
Z~I0~kRD-O 7'STEWA~V, MAYOR ~
vCI1~Y OF D~rNTON, TEXAS
ATTEST:
~t~RLOTT~/ALL'~N; CITY ~ECRE~A~Y /
APPROVED AS TO LEGAL FORM:
DEBRAADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
C7T¥ OF DENTON
REFERENCE
NUMBER
SECTION
EFFE~IVE
SUSJECT
~A~ AMD ~AT.ARY
REP~CE5
TITLE
POLICY STATEMENT
The City of Denton requires employees to work overtime when necessary and aB
requested by the supervisor Overtime is defn[ed as ~uthor~zed time worked
which exceeds 40 hours per work week Overtime for Fire Civil Service
employees will be calculated based on the maximum number of hours for the
declared work period Employees who work overtime without authorization from
their immediate supervisor will be subject to disciplinary action Overt[me
on any ~ob sh~ll be &1located as evenly aB possible amon$ all employees quali-
fied to do the ~ob Supervisors shall make every effort to schedule overtime
aB far tn advance as possible Supervisors shall be held responsible for
ensurtnS that overtime tB asstsned only when absolutely necessary
The Personnel Director is responsible for maintatntnS the exempt/non-exempt
status of all City posi2ions
Overttme Pay
A Non-exempt employees will be paid at the rate of one and one-half
times their resular rate of pay for authorized overttme Overt[me
will be paid for all additional time worked to the nearest quarter
hour
S Kesular part-time employees will not receive overttme pay until the
number of hours actually worked exceeds ~0 hours per work week
C Bol[d&ys, vacation leave, and stck leave are not considered actual
time worked and are nob included in comput[ns hours for overtime
purposes
D Exempt employees are not eltsible for overtime pay These
employees will sometimes be required to work more than the normal
40-hour week without compensation due to the nature of their ~ob
duties Supervisors of exempt positions will determine occasional
discretionary time off, based on work load, for hours worked tn
excess of ~0 hours per week
Discretionary time is defined as flexible time off which is
approved by the t~u~edinte supervisor and does not equal or exceed
the number of extra hours worked
0555L (19L)
RESOLUTION
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON DESIGNATING
CERTAN CITY OFFFICIALS AS BEING RESPONSIBLE FOR, ACTING FOR, AND
ON BEHALF OF THE CITY OF DENTON IN DEALING WITH THE TEXAS PARKS
AND WILDLIFE DEPARTMENT FOR THE PURPOSE OF PARTICIPATING IN THE
LAND AND WATER CONSERVATION FUND ACT OF 1965, CERTIFYING THAT THE
CITY OF DENTON IS ELIGIBLE TO RECEIVE ASSISTANCE UNDER SUCH
PROGRAM.
WHEREAS, the United States Congress has passed the Land and
Water Conservattuon Fund Act of 1965 (Public Law 88-578),
authorizing the Secretary of the Interior to provide financial
assistance to states, and political subdivisions thereof, for
outdoor recreation purposes, and
WHEREAS, the Texas Legislature has adopted Artzcle 6081r,
V.A.C.S., for the purpose of allowing the State of Texas, and its
political subdivisions, to participate in the Federal program
established under said Public Law 88-578, or such other programs
as are hereinafter established by the Federal Government, and
WHEREAS, the City of Denton is fully eligible to receive
assistance under this Program, and
WHEREAS, the City Council of the City of Denton is desirous of
authorizing its administrative staff to represent and act for the
city in dealing with Texas Parks and Wildlife Department
concerning this Program, NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON,
TEXAS'
Section I
That the City Council of the City of Denton hereby certifies
that the City of Denton is eligible to receive assistance under
Public 88-578, as augmented by Article 6081r, V.A.C.S.
Section II:
That the City Council hereby authorizes and directs its City
Manager to represent and act for the City of Denton in dealing
PAGE ONE
with the Texas Parks and Wildlife Department for the purpose of
this Program. The City Manager is hereby officially designated as
the City's representative in this regard.
Section III.
The City Council hereby designates its Director of Finance as
the official authorized to serve as the City's fiscal officer to
receive Federal funds for purposes of this Program.
Section IV:
The City Council hereby specifically authorizes the City
officials herein designated to make application to the Texas Parks
and Wildlife Department concerning the tract of land known as
Greenbelt Park in the City of Denton.
INTRODUCED, READ AND PASSED by the affirmative vote of the
City Council of the City of Denton, on this 16th day of July, 1985.
~ CI~ OF D~TON, TE~S
ATTEST.
L~-ALLEN; ~TY SECR~AKX//
U
APPROVED AS TO FO~
DEB~ ~I D~YOVITCH, ~ITY ATTO~EY
PAGE TWO
N, ext Doeiument
RESOLUTION
WHBREAS, Article 28A, Section 28A-6 (a) of Appendix B to the
Code of Ordinances of the City of Denton, Texas, provides that the
Historic Landmark Commission shall prepare an Historic Landmark
Preservation Plan which shall be presented to the City Planning
Commission for recommendation to the City Council for adoption, and
WHEREAS, said Landmark Commiss~on having prepared such Preser-
vation Plan and the Planning Commission having recommended to the
City Council that said Preservation Plan be adopted,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON,
TEXAS:
SECTION I.
That the preservation Plan prepared by the Historic Landmark
Commission of the City of Denton, attached hereto and made a part
hereof, is hereby adopted and shall be included in the comprehensive
PASSED AND APPROVED this the y of 1985.
D O.-~TEWAKT/,TM ~
F DF~NTON, TEXAS
ATTEST:
CHARLOTTE- ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA Al)AMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
I120L
RESOLUTION
WHEREAS, the airport lease agreement between the City of Denton
and Aerosmith Denton Corporatzon dated October 1, 1979, was assigned
to Maverick Aircraft, Inc., by Order of the Bankruptcy Court on
April 18, 1984, and
WHEREAS, pursuant to such lease assignment Maverick Aircraft,
Inc.~ and the City of Denton stipulated and agreed that certain
portions of the lease be renegotiated, and
WHEREAS, the parties have completed their negotiations and have
prepared a lease amendment for approval by the City Council, and
WHEREAS, the Airport Advisory Board for the City of Denton has
recommended approval of the airport lease amendment, and
WHEREAS, the City Council of the City of Denton, Texas believes
mt to be in the interest of efficient airport operations to approve
such lease amendment, NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT
SECTION I.
The amendment to the airport lease agreement of October 1, 1979,
both of which are attached hereto, is hereby approved
SECTION II.
The Mayor is hereby authorized to execute the attached consent
to assignment of security interest in airport lease and attached
lease amendment on behalf of the City and the City Secretary is
hereby directed to affix this Resolution, with the executed lease
amendment attached, to the original airport lease agreement dated
October 1, 1979, inscribing on the original agreement the fact it
has been amended and the effective date of such amendment.
SECTION III.
This Resolution shall be effective immediately upon mrs passage
and approval. ~ ~
PASSED ~2qD APPROVED this the ay of , 1985.
~R~, MAYOR u/
CITY OF DE~TON, TEXAS
ATTEST,
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM'
DEBRA AD~24I DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
4;
~' a.f4
' J
THE STATE'OF,TEXAS X
COUNTY OF DENTON ,•X
CONSENT TO ASSIGNMENT OF
-. SECURITY INTEREST IN AIRPORT LEASE'
WHEREAS, the City of .Denton, Texas ,.(hereinafter
"the City") and Aerosmith Denton Corporation (hereinafter
- ~ "Aerosmith") entered-into an Airport Agreement on. the lst
day of October.,--1979; and
WHEREAS, certain real property leased to. Aerosmith
by the City under the above described Airport Agreement. was _
and is'subject-to a deed of trust lien more fully. described, '
- in a Deed'of Trust executed ,by Aerosmith to Nina.Lambeth,~ - -
- ~ Trustee, ,appearing of record in. Volume 430, Page 947, of
- the•Deed of Trust Records of Denton;County, Texas; and
WHEREAS, the above described Airport Agreement has S
been assigned to Maverick Aircraft., Inc., (hereinafter "Mav- `
Brick"), and the above described. deed of trust lien has. been
assigned•tb-U_8.-Bank of Denton, Texas (hereinaf.ter "U.S.
Bank")`; which is the lawful owner and holder thereof;'ahd
- _ WHEREAS, contemporaneously with. the execution~of .
-- this Consent, 'the City and Maverick have. entered into an
Amendment to Airport Lease Agreement Between City of Denton..
and Maverick Aircraft which surrenders to the .City a portion
- of :the-.real property subject to the above .described-deed of"
trust lien and which leases -to Maverick certain real prop- -
' erty which is not subject to said lien; therefore:
The City of Denton, Texas, inconsideration of ahd
' contingent upon the eicecutiori of.a Release of, Lien. by U.S. ±
Bank releasing•~and discharging the above .described deed of
trust lien, hereby expressly consents to the assignment, of '
a security interest by Maverick to U.S. Bank in the lease-
- hold estate conveyed to Maverick by the terms of the above
- - CONSENT TO ASSIGNMENT OF SECURITY INTEP.EST -Page One -
described,Amendment. To accomplish the release. and assign-"
ment called for herein, the City consents to and approves '
of the use of a Release of Lien and a Deed of Trust identical
_in form to those marked Exhibits "A" and "B", respectively,
which are attached hereto, and which are incorporated herein
by reference, and the City expressly consents to~the.exer-
cise-by-U.S. Bank and/or. the trustee named in such Deed of
.Trust of any and all rights and powers thereby conferred.
. - The City further stipulates and recognizes that the.
Deed of Trust called for herein shall constitute_a novation
and extension of the original deed of trust lien described
._ above, conveyed by Aerosmith to,Nina"Lambeth, Trustee, the
validity, force,aand effect.of which the City hereby ratifies
and confirms.
. EXECUTED this ~_ 'day of ,1985.
' ~ THE CITY OF DENTON,;TEXAS
.~~ C`_.
BY:
~~ ,
ST:
Vn[atct,V'1'1'E ALLEN, CITY S
CITY OF DENTON, TEXAS
APPROVED AS TO`LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
...r._ ,
CONSENT. TO ASSIGNMENT OF SECURITY-.INTEREST- - •Page Two
1
Prepared by the State Bar of Texas for: use by lawyers only. Reviewed I-1-76.
RELEASE CF LIEN
THE STATE OF TEXAS
COUNTY OF DENTON
} KNOW ALL MEN BY THESE PRESENTS:
THAT the undersigned, of the County of --_-----__-__-_ DENTON - -_, ---.----.~ and State of Texas,
- - - -
the legal and equitable owner and holder of that one certain promissory note. in the original principal sum
of --..-ONE.--HU?tJ2RltA--1'1f.IRTEE)•i--1710U.SAND--AND-.NA1.10A--.--------------------------------------------
----------------------------------------
---- - - --- - - -- - -- --- - ----- ------....-.....-- ----- --- -------- ---.Dollars ($ ---113, 000.00
- -- --- -- --) dated - -- -- -
September 25 , 1976 ~ executed by ..--- AEROSMITH DENTON CORPORATION
payable to the order of -..--- GREENVILLE AVENUE BANK 6 TRUST
more fully described in a -...-DEED- OF--TRUST-------------- duly recorded in Vol. ---430-----.------
Page --947..---------- of the -- ----D.N$D -9F--TA?IST ---..------ .Records of -.----A1:NTON.--- - -- ---°------- County. Texas;
said note being secured by -----SAID- DEED- OF--TRU_ _ST_L_IE_ _N---------------------°- --- -- ---- ---- - - ---- - - - -°- - - --- - -----
against the following described property, to-wit:
THE LEASEHOLD ESTATE IN AND TO ALL OF THAT
CERTAIN LOT, TRACT, OR PARCEL OF LAND
DESCRIBED IN EXHIBIT "A" WHICH IS ATTACHED
HERETO AND INCORPORATED HEREIN BY REFERENCE.
$10.00 and other good and valuable consideration,
for and in consideration of tf9aftxfkm~c5iaatrpepaet#wE~alixmieb~~es=~~~,~$~~~
the receipt of which is hereby acknowledged, has released and discharged, and by these presents hereby releases
and discharges, the above described property from all liens held by the undersigned securing said indebtedness.
EXECUTED this --- - - -°- -- -day of --- ---- -- - - - - ----- - - + A.D. 19--85- ..
U. S. BANK OF DENTON, TEXAS
------------------------------------------
BY: DONALD E. WRIGHT,
PRESIDENT
EXHIBIT "A", Page 1 of 3
- (Adcnowiedgmenf)
STATE OF TEXAS ~ _
COUNTY OF '
This instrument was acknowledged before me on the day of
by
My commission expires:
Notary Public, Slate of Texas
............................................................................. Notary's printed name:
(Acknowledgment)
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the day of
by
My commission expires
Notary Public, State of Tezas
Notary's printed name:
(Corporate Acknowledgment)
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the day of
by Donald E. Wright President
°f U. S. Bank, Denton, TX
a TEXAS corporation, on behalf of said corporation.
My commission expires:
Notary Public, State of Texas
--°--......----........_- .......................----._....°.---...... Notary's printed name:
AFTER RECORDING RETURN TO:
Maverick Aircraft, Inc.
204 Texas Building
Denton, TX 76201
PREPARED IN THE LAW OFFICE OF:
William L. Smith, Jr.
204 Texas Building
Denton, TX 76201
19
19
1985 ,
EXHIBIT "A", Page 2 of 3
EXHIB iT ~"A"
BEGINNING at a point in the north property line of a
tract of land out of the Thomas Toby Survey, Abstract
No. 1285 and Wm. Nei11 Survey, Abstract No. 970, Oenton
County, Texas, .said tract being in the name of P. F.
Breen and described in Volume 121, Page 183 of the Deed
Records of Denton County, Texas. Said point being the
northwest corner 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 a
distance of 350 feet to a point for a corner;
THENCE north a distance of 1000 feet to a point for a
tamer;
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 fora corner, said point being the most westerly
southwest 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.
EXHIBIT "A", Page 3 of 3
'i ~~
'~ -•A-450 DEED OF TRUST (TAXES. INSURANCE AND MAINTENANCE). '
MARTIN STATIONERY CO., DALLAS
T1iE STATE OF TEXAS,
COUNTY' OF DENTON
Know All Men By These Presents:
r
That MAVERICK AIRCRAFT, INC.,
of DENTON County, Texas, hereinafter called "Debtors" whether one or moce masculine,
feminine or neuter, in Consideration of the debt hereinafter described and the further consideration of the uses, purposes and
trusts herein set forth, have, granted, bargained, sold, aliened, conveyed and Confirmed, and by these presents do grant, bar-
gain, sell, alien, convey and confirm unto DON [BRIGHT
(hereinafter called "Trustee") and his successors and/or substitutes in trust as hereinafter provided, all of the following
.described property, lying and situated in the County of DENTON , in the State of Texas, to-wit:
THE LEASEHOLD ESTATE IN AND TO ALL OF THAT CERTAIN LOT,
TRACT, OR PARCEL OF LAND DESCRIBED IN EXHIBIT "A" WHICH
IS ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE,
together with all improvements thereon, or hereafter to be 'placed thereon, and all and singular the rights and appurte-
nances to the same belonging or in anywise incident or appertaining.
TO HAVE AND TO HOLD unto the Trustee, and to his successors and his and their assigns forever, hereby cov-
enanting and agreeing to forever warrant and defend the premises aforesaid, and every part thereof, unto the Trustee and to
his successors in trust and his and their assigns against all persons whomsoever lawfully claiming or to claim the same or
any part thereof for and upon the following trusts, terms and conditions, to-wit:
That, Whereas, Debtors are justly indebted to U. S. BANK OF DENTON, TEXAS,
hereinafter called "Beneficiaries" whether one or more, masculine, feminine or neuter, as evidenced by
certain promissory note(s), 76k~CY executed by Debtors and payable [o the order of Beneficiaries
at DENTON - ,Texas, as follows:
NOTE N0. 0008330220, DATED ,TllLY 10, 1984, IN THE ORIGINAL PRINCIPAL SUM
OF $255,000.00, PAYABLE IN MONTHLY INSTALLMENTS AS THEREIN PROVIDED.
NOTE N0. 0008510687, DATED MAY 20, 1985, IN THE ORIGINAL PRINCIPAL SUM
OF $248,058.48, PAYABLE IN MONTHLY INSTALLMENTS AS THEREIN PROVIDED.
EXHIBIT ~'B", Page 1 of 6
• -
I[ is agreed [hat if default be made in [he payment of any principal or interest on said note, or in the performance of
the covenants or agreements herein contained, or any of them, then a[ tht option of the legal holder of said note, [he whole
of the principal debt herein secured shall become due and payable, and may be collected by suit or by proceedings hereunder;
and i[ is further agreed if said indebtedness is not paid when due, and is placed in [he hands of an attorney for collec-
tion, or if collected through Probate Court, a reasonable amount as provided in said note shall be added as attorney's fees.
It is also agreed that this Deed of Trust covers any and all renewals of the above described indebtedness.
Now, should Debtors make prompt payment of said indebtedness, and pay, or cause to be paid, all other indebted-
ness secured by this conveyance, both principal and interest, as the same shall become due and payable, and strictly comply
with all the conditions and requirements herein provided, [heri [his conveyance shall become null and void and of no further
force or effect, and shall be released a[ the cos[ and expense of Debtors. But should Debtors make default in the punctual
payment of said indebtedness, or any part thereof, principal or interest, as the same shall become due and payable, or should
Debtors in any respect fail to keep and perform any one or more of [he conditions herein provided to be kept and performed
by Debtors, then, in any such case, the whole amount of said indebtedness remaining shall, at the option of the holder of said
indebtedness, immediately mature and become payable (unless otherwise specifically provided herein or in the note or notes
secured hereby) and it shall thereupon, or at any time thereafter, the same, or any part thereof, remaining unpaid, be the
duty of the Trustee and of his successor or substitute, as~ hereinafter provided, on the request of the holder of said indebted-
ness thereof (which request is hereby presumed) to enforce this bust; and after advertising the time, place (including therein
the County where said real estate shall be sold) and terms of the sale of all of the above conveyed and described property, or
any part [hereof (the privilege of selling in whole or in part being hereby granted) for at least twenty-one days successively
next before the day of sale, by posting up written or printed notices thereof at [he Court House Door of each County, in which
any portion of said real estate shall he situated; and after Beneficiaries or any other holder of the indebtedness secured hereby
[o which the power of sale described herein is related shall have given written notice of the proposed sale by certified mail
to each Debtor obligated to pay such debt according to the records of such holder by depositing such notice, enclosed in a
postpaid wrapper, properly addressed to such Debtor at the most recent address as shown on the records of the holder of the
debt, in a Post Office or official depository under the care and custody of the United States Postal Service for a period of
at least twenty-one (21) days preceding the date of sale designated in said notice (the affidavit of any person having knowl-
edge of the facts to the effect that such service was completed shall be prima facie evidence of the Eact of service), to sell
the sate, in accordance with such advertisement, at public auction, at the Court House Door of the County so designated
as the place of sale in said notice of sale, on the first Tuesday in any month between tfie hours of ten o'clock A. M, and
four oclock P. M; to the highest bidder for cash,~selting all property above conveyed as an entirety or in parcels as the
Trustee may elect, and make due conveyance to the purchaser or purchasers, with general warranty, binding the Debtors
and their heirs and assigns; and, out of the money arising from such sale, the Trustee acting shall pay: first, all the expenses
of advertising sale and conveyance, including a commission of five per cent [o himself, and then to the holder of said indebted-
ness, the full amount of principal and interest due and unpaid on said indebtedness, as hereinbefore set forth, and all [axes,
assessments, insurance premiums or other advancements made as provided for herein, with interest thereon, rendering the
balance of the purchase money, if any, to the Debtors, their heirs or assigns; and said sale shall forever be a perpetual bar
against the Debtors, their heirs and assigns, and all other persons claiming under any of them. It is expressly agreed that
the recitals in the conveyance to the purchaser shall be full evidence of the truth of the matters therein stated, and all pre-
requisites to said sale shall be presumed to have been performed. The holder of said indebtedness shall have equal rights
to become the purchaser at such sale, being the highest bidder.
In case of absence, death, inability, refusal or failure of the Trustee herein named [o ac[, or if Beneficiaries should for
any reason whatsoever desire to have another party ac[ as Trustee hereunder, a successor and substitute may be named con-
stituted and appointed by the holder of said indebtedness, without other formality than an appointment and designation in
writing; and this conveyance shall vest in him, as Trustee, the estate and title in aII said premises and he shall [hereupon
hold, possess and execute all the title, rights, powers and duties herein conferred on said Trustee named, and his conveyance
to the purchaser shall be equally valid and effective: and such right to appoint a successor or substitute Trustee shall exist
as often and whenever from any of said causes, any Trustee, original or substitute, cannot or will not act or if Beneficiaries
should desire further substitutes for any cause.
It is agreed and stipulated that Debtors shall and will at their own proper Lost and expense, keep the property and
premises herein described, and upon which a lien is hereby given and created, in good repair and condition, and to pay and
discharge as they are or may become payable, all taxes and assessments that are or may become payable thereon under any
law, ordinance or regulation, whether made by Federal, State, Municipal or any other taxing authority, and shall keep said
property fully insured in some company or Companies approved by the holder of said indebtedness, to whom the loss, if any
shall be payable, and by whom the policies shall 1>e kept. And in case of default made by Debtors in performance of any of
the foregoing stipulations, the same may be performed by the holder of said indebtedness, for account and at the expense of
Debtors, and any and all expenses incurred and paid in so doing shall be payable by Debtors to holder of said indebtedness
with interest at the highest lawful rate per annum permitted thereon in Texas from the date when the same was so incurred
or paid, and shall stand secured and payable by and under this deed in like manner with the other indebtedness herein men-
tioned, and the amount and nature of such expense and time when paid shall be held full established by the affidavit of the
holder of said indebtedness, or the holder's agent, or by the certificate of any Trustee acting hereunder. Provided, however,
that the exercise of the right of advancement shall in nowise be considered or constitute a waiver of the right of the hiotder
of said indebtedness to declare same, and all other indebtedness hereunder to be at once due and payable in the manner
provided herein.
IT I$ UNDERSTOOD AND AGREED, that where the phrase, "highest lawful rate (of interest) per annum per-
mitted thereon in Texas", or words of like import is used herein, the rate of interest shall be that rate payable on all past
due principal and all past due interest as set out in the note, or other debt instrument, hereby secured.
IT IS ESPECIALLY AGREED that when, as and i( any accelerated maturity of any item secured by this instrument
may be declared due under any term of this or any other paper evidencing the deb[ or any part thereof, [ha[ [he maximum
amount that can be collected for or on account of the debt shall be the principal amount thereof and interest accrued to the
date of payment at not to exceed the highest lawful rate per annum permitted thereon in Texas. That if any possible con-
struction of any and all of the papers may seem to indicate any possibility of a different power given to the creditor or any
authority to ask for, demand, or receive any larger rate of interest the parties covenant that same is a mistake in calculation
or wording wl~icl~ this clause is intended to override and control. -
IT IS FURTHER AGREED that, in [he event of a foreclosure under the power granted hereby, the owner in posses-
sion of said property, or any one Claiming under him and in possession as tenant or otherwise, shall thereupon become the
tenant at will of the purchaser at such foreclosure sale, and should such tenant refuse to surrender possession of said property
upon demand, the purchaser shall thereupon be entitled to institute and maintain the statutory action of forcible entry and
detainer, and procure a writ of possession thereunder.
EXHIBIT "B", Page 2 of 6
THIS~CONVEYANCE IS ALSO MADE IN TRUST TO SECURE AND ENFORCE THE PAYMENT OF ALL OTHER _,
INDEBTNESSES OF THE MAKERS OF SAID .NOTE TO BENEFICIARY PRESENTLY EXISTING OR WHICH
MAY 'IN ANY MANNER OR MEANS HEREAFTER BE IN(:URREII~BY THE MAKERS OF SAID NOTE AND.
EVIDENCED IN ANY MANNER WHATSOEVER, EITHER BY NOTES, ADVANCES, OVERDRAFTS, BOOK-
KEEPING ENTRIES OR ANY OTHER METHOD OR MEANS, IT BEING EXPRESSLY AGREED AND UNDER-
STOOD THAT ANY AND ALL SUMS NOW OWED TO OR HEREAFTER ADVANCED BY SAID BENEFICIARY
TO THE MAKERS OF SAID NOTE SHALL BE PAYABLE AT DENTON IN DENTON OR OTHER EVIDENCES
OF INDEBTEDNESS GIVEN BY THE MAKERS OF SAID NOTE TO SAID BENEFICIARY; AND THIS IN-
STRUMENT IS ALSO EXECUTED FOR THE PURPOSE OF. SECURING AND ENFORCING THE PAYMENT
OF ANY RENEWAL AND EXTENSION OF ANY NOTE OR OF ANY PART OF THE SAID INDEBTEDNESS OF
THE MAKERS OF SAID NOTE, AND INCLUDING ANY FURTHER LOANS AND ADVANCEMENTS MADE BY
SAID BENEFICIARY TO THE MAKERS OF SAID NOTE UNDER THE PROVISIONS HEREOF. THE FACT
OF REPAYMENT OF ALL INDEBTEDNESS OF THE MAKERS OF SAID NOTE TO SAID BENEFICIARY
SHALL NOT TERMINATE THIS MORTGAGE UNLESS THE SAME BE SO RELEASED BY SAID BENEFICIARY
AT THE REQUEST OF THE MAKERS OF SAID NOTE; BUT OTHERWISE IT SHALL REMAIN IN FULL
FORCE AND EFFECT TO SECURE ALL FUTURE ADVANCES AND INDEBTEDNESSES, REGARDLESS OF ANY
ADDITIONAL SECURITY THAT MAY BE TAKEN AS TO ANY PAST OR FUTURE INDEBTEDNESS, AND
SHALL BE UNAFFECTED BY ANY RENEWALS, EXTENSIONS OR PARTIAL RELEASES HEREUNDER.
THIS CONVEYANCE CONSTITUTES A NOVATION AND EXTENSION OF A PRIOR DEED OF TRUST
LIEN MORE FULLY DESCRIBED IN A DEED OF TRUST DULY RECORDED IN VOLUME 430, PAGE
947, OF THE DEED OF TRUST RECORDS OF DENTON COUNTY, TEXAS, EXECUTED BY AERO-
SMITH DENTON CORPORATION TO NINA LAMBETH, TRUSTEE, SECURING PAYMENT OF ONE
CERTAIN PROMISSORY NOTE DATED SEPTEMBER 25, 1976, IN THE ORIGINAL PRINCIPAL
SUM OF ONE HUNDRED THIRTEEN THOUSAND DOLLARS ($113,000.00) PAYABLE TO GREEN-
VILLE AVENUE BANK & TRUST, EXECUTED BY AEROSMITH DENTON CORPORATION. SAID
PRIOR DEED OF TRUST LIEN HAS BEEN RELEASED AND DISCHARGED BY U.S. BANK, THE
OWNER AND HOLDER THEREOF, BY RELEASE OF LIEN OF EVEN DATE HEREWITH AS A PART
OF THE CONSIDERATION FOR THIS CONVEYANCE.
THE INDEBTEDNESS HEREBY SECURED IS GIVEN FOR AND REPRESENTS SUMS ADVANCED BY
U.S. BANK OF DENTON, TEXAS, TO MAVERICK AIRCRAFT, INC., AT ITS SPECIAL INST-
ANCE AND REQUEST, AND BY IT USED TO TAKE UP, PAY OFF AND DISCHARGE CORPORATE
DEBTS, AND IN FURTHERANCE OF ITS CHARTER POWERS, AND GRANTORS EXPRESSLY REP-
RESENT THAT THE OFFICERS INCURRING SUCH INDEBTEDNESS AND EXECUTING THIS DEED
OF TRUST ARE THE LEGALLY ELECTED, QUALIFIED AND ACTING OFFICERS OF SAID CORP-
ORATION AND ARE EXPRESSLY AUTHORIZED TO INCUR, SUCH INDEBTEDNESS AND EXECUTE
THIS DEED OF TRUST BY RESOLUTION OF THE BOARD OF DIRECTORS OF MAVERICK AIR-
CRAFT, INC.
Notary Public,...
My Commission
"Texas
ACKNOWLEDGMENT
THE STATE OF TEXAS, 1
COUNTY OF .......................................... f BEFORE ME, the undersigned _authority,
in and for said County, Texas, on this day personally appeared...._.._.___.........____.
known to me [o be the persom.......whose name..__...... _.... subscribed to the foregoing instrument, and acknowledged to me that
........he:.......executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF 0['FICE, This ..........................day oL.........._............_._..__., A. D. 19..._.......
(L.S.)
No[ary Public..........._......_ ............._......................__...Cou nty, 'Pews
Tfy Commission F_xbires__
CORPORATION ACKNOWLEDGMENT
THE STATE OF TEXAS, 1
f BEFORE ME, the undersigned authority,
COUNTY OF..........AE.N.TQN
in and for said County, Texas, on this day personally appeared....._nTHf7 _E, HENDERSQN,_.;JR,
'--....._......_ ............:..-----~---..._......................_........---.....---.....----.......".....................__......_......known to me to be the person and officer
whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said
.MAVERICK AIRCRAFT, INC.
a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein
expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This ........................:.day of........_............................., A.D. 19.........:..
(L. S.)
Notary Public ......................._........................................County, Texas
My Commission Exoires_....___.
EXHIBIT "B", Page 3 of 6
•
_ ~
.
,; -,
WITNESS MY hand this day of
ATTEST:
WILLIAM L. SMITH, JR.
SECTY./TREASURER
A.D. 19
_MAVERICK._AI RCRAFT,...INC........... _ ............... _._......_.............
OTHO E. HENDERSON, JR.
..PRE SLDEDIT... ...................._......_...._............. .................
ACKNOWLEDGMENT
THE STATE OF TEXAS, ~ BEFORE ME, the undersigned authority,
COUNTY OF.....---------------------.___
in and for said County, Texas, on this day personally appeared
known to me to be the person........whose name .................. subscribed to the foregoing instrument, and acknowledged to me that
........he........executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This ..........................day of......................................, A.D. 19............
(L.SJ
Notary Public ................................_._..........................-.County, Texas
11fy Commission Expires .................................-.....................---..._........
ACKNOWLEDGMENT
THE STATE OF TEXAS, 1}
COUNTY OF.........------....._.--'-----......._`---.._1
in and for said County, Texas, on this day personally
BEFORE ME, the undersigned authority,
known to me to be the person...._..whose name.._ .............. subscribed to the foregoing instrument, and acknowledged to me that
._.....he........executed the same for the purposes and consideration [herein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This ..........................day of................_....._......_...... A. D. 19.........---
(L.S.)
Notary Public,.._ ..............._..........._ County. Texas
I~fy Commission Expires.-..__ ........................._....................._......_..._.
CORPORATION ACKNOWLEDGMENT
THE STATE OF TEXAS, 1
f BEFORE ME, the undersigned authority,
COUNTY OF..........R~.CITQN
in and for said County, Texas, on this day personally appeared.......OTHO_. E. HENDERS(1N,-.. .7R .............
.............................................................................................................................................._...............known [o me [o be [he person and officer
whose name is subscribed to [he foregoing instrument and acknowledged to me that the same was the ac[ of the said
MAVERICK AIRCRAFT, INC.
a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein
expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This ..........................day of......................................, A.D. 19............
Notary Public .................................................................County, Texas
MY Commission Expires .............~---................................
EXHIBIT "B", Page 4 of 6
EXHIBIT "A"
TRACT ONE:
All that certain 16.34 acre tract or parcel of land situated in
the William Neil Survey, Abstract No. 970 and the Thomas Toby
Survey, Abstract No. 1285. Denton County, Texae; said tract being
part of a tract shown by deed to the City of Denton and recorded
in Volume 305, Page 216, Deed Records, Denton County, Texae and
being more fully described as follows:
BEGINNING for the northeast corner of this tract at an iron pin,
Said iron pin being on the south right-of-way of Farm-to-Market
Road 01515, said corner also being south 02°09'51" east 50.0 feet
from the northeast corner of said City tract, said corner also
being the northwest corner of a tract shown by deed to Patrick F.
Breen and recorded in Volume 427, Page 183 of said deed records;
THENCE south 02°09'51" east with the east line of said City tract
and the west line of said Breen tract a distance of 589.79 feet to
a point for a corner;
THENCE south 88°49'36" west a distance of 1154.70 feet to an iron
pin for corner said corner being east 66.0 feet from the center
line of an existing taxiway;
THENCE north 06°07'26" east 66.0 feet east of and parallel to said
taxiway. centerline, a distance of 403.85 feet to a railroad spike
for corner, said corner being the start of a curve to the left
whose radius is 283.74 feet;
THENCE northweaterl~ with said curve a distance of 174.75 feet,
central angle 35°17 13", chord bearing north 23°49'21" west 172.00
feet to a railroad spike for the end of said curve and the
beginning of a curve to the right whose radius is 405.64 feet;
THENCE northwesterl~r with said curve a distance of 231.59 feet,
central angle 32°42 40", chord bearing north 19°27'28" west 228.46
feet to a railroad spike for the end of said curve;
THENCE north 89°20'33" east a distance of 150.42 feet to an iron
pin in a chain link fence and the start of a curve to the left
whose radius is 375.0 feet;
THENCE southerly with said curve a distance of 136.48 feet,
central angle 20°51'11", chord bearing south 23°10'12" east 135.73
feet to an iron pin in said chain link fence for the end of said
curve;
THENCE north 89°08'29" east with the north edge of an .existing
drive a distance of 273.05 feet to an iron pin for corner;
THENCE south 00°57'57" east a distance of 53.60 feet to an. iron
pin for corner said Iron pin being north 26.29 feet from the
northwest corner of an existing hangar building;
THENCE north 89°08'50" east with the south right-of-way of said
Farm-to-Market Road 01515 a distance of 757.03 feet to the point
of beginning and containing 16.34 scree of land.
TRACT TWO:
All that certain 0.90 acre tract or parcel of lend situated in the
William Neil Survey, Abstract No. 970 and the Thomas Toby Survey,
Abstract No. 1285, Denton County, Texas; said tract being pert of
a tract shown by deed to the City of Denton and recorded in Volume
305, Page 216, Deed Records, Denton County, Texas and being more
fully described as follows:
COMMENCING at the northeast corner of the tract described in
Paragraph B above and depicted on Exhibits A ,and Al attached
hereto, at an iron pin, said iron pin being on the south
right-of-way of Farm -to-Market Road 01515, said corner also being
south 02°09'51" east 50.0 feet from the northeast corner of said
City tract, said corner also being the northwest corner of a tract
shown by deed to Patrick F. Breen and recorded in Volume 427, Page
183 of said deed records;
EXHIBIT "B", Page 5 of 6
. ~
~ - .. >
THENCE-south 02°09'51" east with the east line of said City tracC~~~ '`
anc~..the.weat line of said Breen trait a~distance of 589.79 feet to
a point for a corner;
THENCE south 88°49'36" west a distance of 204.70 feet to an iron
pin for the point of beginning;
THENCE south O1°06'47" east a distance of 52.5 feet to a point for
corner;
THENCE south 88°49'36" west a distance of 750.0 feet, more or
less, to a point for a corner in the east boundary line of a new
apron;
THENCE north 06°07'26" east along the east line of said new apron
a distance of 52.93 feet to a point for a corner in the south
boundary line of the tract described in Paragraph B above and
depicted on Exhibits A and Al attached hereto;
THENCE north 88°49'36" east along the south boundary line of the
tract described in Paragraph B above and depicted on Exhibits A
and Al attached hereto a distance of 743.33 feet to the place of
beginning and containing 0.90 scree of land.
TRACT THREE:
Conditioned and contingent upon the execution by Maverick Aircraft,
Inc., of an option to lease the following tract or parcel of land,
said option being described in an Amendment to Airport Lease Agree-
ment Be ween the City of Denton and Maverick Aircraft, dated the
the ~ day of L~GG~, 1985;
All that certain 6.66 acre tract or parcel of Land situated in the
William Neil Survey, Abstract No. 970 and the Thomas Toby Survey,
Abstract No. 1285, Denton County, Texas; said tract being part of
a tract shown by deed to the City of Denton and recorded in Volume
305, Page 216, Deed Records, Denton County, Texas and being more
fully described as follows:
COMMENCING at the northeast corner of the tract described in Para-
graph B above and depicted on Exhibits A and Al attached hereto,
at an iron pin, on the south right-of-way of Farm-to-Market Road
41515, said corner also being south 02°09 51" east 50.0 feet from
the northeast corner of said City tract, said corner also being
the northwest corner of a tract shown by deed to Patrick F. Breen
and recorded in Volume 427, Page 183 of said deed records;
THENCE south 02°09'51" east with the east line of said City tract
and the went line of said Breen tract a distance of 570.81 feet to
a 1-1/2 inch pipe by a fence corner poet for the point of
beginning;
THENCE north 87°43'23" east with the south line of said Breen
tract and a line of said City tract for a distance of 300.30 feet
to a fence corner post on the west line of Underwood Road;
THENCE south 02°07'08" east with the west line of said road and
with a fence for a distance of 580.84 feet to an iron pin for a
corner;
THENCE south 88°49'36" west leaving said road for a distance of
514.81 feet to an iron pin for a corner;
THENCE north O1°06'47" west a distance of 556.0 feet to an iron
pin for corner;
THENCE north 88°49'36" east a distance of 204.70 feet to a point
for a corner;
THENCE North 02°09'51" east a distance of 18.98 feet to the place.
of beginning and containing 6.66 acres of land.
EXHIBIT "B", Page 6 of 6
RESOLUTION
WHEREAS, on July 30, 1985, the City Council endorsed the Task
Force Report on Flow Memorial Hospital and authorized the creation
of a Blue Ribbon Committee, and
WHEREAS, the City Council wishes to appoint said Committee,
NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS. SECTION I.
The following members are hereby appointed to the Blue Ribbon
Committee to oversee the negotiation of a lease agreement for a
non-profit Section 501(c)(3) Corporation between the City, the
County, and the Corporation regarding Flow Memorial Hospital:
Charles Hopkins, Physician
Roger Nunn, Physician
Don Holt, Physician
Mahlon Freeman, Physician
George Hilz, Flow Memorial Hospital Board Member
Jim Riddlesperger, City Council Member
Ruth Tansey, County Commissioner
Bob Hankins, Certified Public Accountant
Beverlee Barr, Community Leader
Sennett Kirk, Community Leader
Tracy Kunkel, Community Leader
Ken Newman, Community Leader
Willie Keith Pate, Community Leader
Dr. Barbara Cramer, TWU Representative
Dr,. Bill McKee, NTSU Representative
Dr. Jim Killingsworth, Health Planner
David Yoder, Health Administration Representative
Bill McFarltng, Consumer Representative
Lovie Price, Consumer Representative
SECTION II.
The duties of the Committee shall be to oversee the
negotiation of the terms of a lease agreement between the City,
County and the non-profit corporation and make recommendations to
the City Council and County Commissioners in this regard with
respect to the following issues:
(1) Term of the lease
(2) Protection of the assets of the City and County
(3) Obligations of the City and County under the terms of the
lease
(4) Consideration
(5) Existing and future indebtedness of Flow Memorial Hospital
(6) The degree of authority to be vested in the non-profit,
~501 (c)(3) Corporation.
Further, the Committee is hereby authorized to make recommenda-
tions~ after careful study and subcommittee analysis, with regard
to the issues of capital formation, admissions policies and
management enhancement of the hospital under the non-profit
corporation, provided that said recommendations shall be submitted
on or before March 1, 1986. Additionally, the City and County, by
resolution~ may charge the Committee with addmtional duties.
SECTION III.
The Committee is hereby authorized to act in the performance
of its duties until such time as the City Council and the County
Commissioners have approved the creation of said non-profit
corporation and a lease document has been prepared.
PASSED AND APPROVED this the 15th day of August, 1985.
ATTEST.
C~LOTTE'KLLEN, CITY SECRETLY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRAADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
CERTIFICATE FOR
RESOLUTION APPROVING AN AGREEMENT BY
CITY OF DENTON INDUSTRIAL DEVELOPMENT AUTHORITY
TO ISSUE A BOND FOR
MARTINO REALTY COMPANY
AND A GUARANTEE AGREEMENT WITH
FRANK N. MARTINO, JAMES B. MARTINO, DAVID C. MARTINO,
FRANK N. MARTINO, JR. AND RICHARD D. MARTINO
AND THE BOND RESOLUTION PROVIDING FOR
THE ISSUANCE OF SUCH BOND
TEE STATE OF TEXAS
CITY OF DENTON :
We, the undersigned officers of the City Council of
said City of Denton, hereby certify as follows:
1. The City Councll of the City of Denton convened in
REGULAR MEETING ON THE 20TH DAY OF AUGUST, 1985, at the
designated meeting place, and the roll was called of the
duly constituted officers and members of said City of
Denton, to-wit:
R~chard O. Stewart, Mayor
Mark Chew
Llnnle McAdams
Charles Hopkins
Dr. A. Ray Stephens
Jim Riddlesperger
Joe Alford
Charlotte Allen, City Secretary
and all of said persons were present, except the followlng
absentees: '
thus constituting a quorum. Whereupon, among other busi-
ness, the following was transacted at said Meeting: a
written
RESOLUTION APPROVING AN AGREEMENT BY
CITY OF DENTON INDUSTRIAL DEVELOPMENT AUTHORITY
TO ISSUE A BOND FOR
MARTINO REALTY COMPANY
AND A GUARANTEE AGREEMENT WITH
FRANK N. MARTINO, JAMES B. MARTINO, DAVID C. MARTINO,
FRANK N. MARTINO, JR. AND RICHARD D. MARTINO
AND TEE BOND RESOLUTION PROVIDING FOR
THE ISSUANCE OF SUCH BOND
was duly introduced for the consideration of sald City
Council and read in full. It was then duly moved and
seconded that said Resolution be adopted; and, after due
dlscuss~on, said motion, carrying with ~t the adoption of
said Resolution, prevailed and carried by the following
vote.
AYES: Ail members of saad Caty Council shown
present above voted "Aye".
NOES: None.
ABSTENTIONS: None.
2. That a true, full, and correct copy of the afore-
said Resolution adopted at the Meeting described an the
above and foregoang paragraph is attached to and follows
this Certifacate; that said Resolution has been duly record-
ed in sa~d City Council's minutes of saad Meetang; that the
above and foregoang paragraph ~s a true, full, and correct
excerpt from said City Council's minutes of sa~d Meetang
pertaining to the adoption of sald Resolution; that the
persons named ~n the above and foregoing paragraph are the
duly chosen, qualaf~ed, and actang offacers and members of
said City Councal as ~nd~cated therean; and that each of the
offacers and members of saad Caty Councll was duly and
sufficiently not~fled officaally and personally, in advance,
of the tame, place, and purpose of the aforesaid Meeting,
and that saad Resolutaon would be antroduced and considered
for adoption at said Meeting, and each of sa~d officers and
members consented, ~n advance, to the holdang of said
Meeting for such purpose; and that sa~d Meeting was open to
the public, and public notace of the tame, place, and
purpose of sa~d Meeting was g~ven, all as required by
Vernon's Ann. C~v. Stat Artacle 6252-17.
SIGNED AND SEALED the 20th day of August, 1985.
city Secr~tar~ ~a~r / v
(SEAL)
RESOLUTION APPROVING AN AGREEMENT BY
CITY OF DENTON INDUSTRIAL DEVELOPMENT AUTHORITY
TO ISSUE A BOND FOR
MARTINO REALTY COMPANY
AND A GUARANTEE AGREEMENT WITH
FRANK N. MARTINO, JAMES B. MARTINO, DAVID C. MARTINO,
FRANK N. MARTINO, JR. AND RICHARD D. MARTINO
AND THE BOND RESOLUTION PROVIDING FOR
THE ISSUANCE OF SUCH BOND
WHEREAS, Clty of Denton Industrial Development
Authority was created under the auspices of the City of
Denton, Texas; and
WHEREAS, the City Council of the City of Denton (the
"City") has, by written resolution declared that certain
areas of the City be designated as blighted areas (the
"Blighted Area") pursuant to the Development Corporation Act
of 1979, as amended, Artlcle 5190.6, V.A.T.C.S., and the
rules promulgated thereunder (the "Act"); and
WHEREAS, Martlno Realty Company, a general partnership,
desires to flnance, pursuant to the Act, the construction of
a facility containing two buildings aggregating
approximately 120,000 square feet (which will be leased to
third parties and will be used as mixed-use buildings for
off~ce, retail and warehouse purposes) located at the
intersection of Morse Street and Mayh~ll Road in Denton,
Texas (the "Project"); and
WHEREAS, the Pro3ect ~s located within or ad]acent to
the Blighted Area; and
WHEREAS, the general public had an opportunity to make
comments on the Project prior to the adoption of this
Resolution; and
WHEREAS, it is deemed necessary and advisable that th~s
Resolution be adopted.
THEREFORE, BE IT RESOLVED BY -THE CITY COUNCIL OF THE
CITY OF DENTON THAT:
Section 1. The "Loan Agreement between City of Denton
Industrial Development Authority and Martino Realty
Company", ~n substantially the form and substance as
attached to this Resolution and made a part hereof for all
purposes, is hereby approved, and the Bond in the principal
amount of $2,500,000, may be issued pursuant thereto for the
purpose of paying the cost of acquiring and constructing or
causing to be acquired and constructed the Project as
defined and described therein.
Section 2. The "Resolution Authorizing the Issuance of
City of Denton Industrlal Development Authority Bond, Series
1985 and the Execution of a Trust Indenture (Mart~no Realty
Company Pro3ect)", in substantially the form and substance
attached to th~s Resolution and made a part hereof for all
purposes, is hereby specifically approved, and the Bond may
be issued as provided for therein.
Section 3. The "Guarantee Agreement between City of
Denton Industrial Development Authority and Frank N.
Martino, James B. Mart~no, David C. Martlno, Frank N.
Martlno, Jr. and Richard D. Martino" in substantially the
form and substance attached to this Resolution and made a
part hereof for all purposes, is hereby approved.
Section 4. The C~ty hereby approves the issuance of
the aforesaid Bond in the aggregate principal amount of
$2,500,000 for Martlno Realty Company, and further approves
the Pro]ect as described in the aforesaid Loan Agreement,
and such approvals shall be solely for the purposes of
Section 103(k) of the Internal Revenue Code of 1954, as
amended, and the City shall have no liabilities for the
payment of the Bond nor shall any of 1ts assets be pledged
to the payment of the Bond.
Section 5. The City hereby assigns to the City of
Denton Industrial Development Authority its allocable
portion of the state private activity bond volume w~th
respect to the reservation request to be filed for the Bond
by the City of Denton Industrial Development Authority.
THE LOAN AGREEMENT, BOND RESOLUTION, TRUST INDENTURE AND
GUARANTEE AGREEMENT ARE OMITTED AT THIS POINT AS THEY APPEAR
IN THIS TRANSCRIPT UNDER ITEM NOS. 4, 2a, 6 AND 5,
RESPECTIVELY.
l120L
£HE STATE OF TEXAS § AMENDMENT TO AIRPORT LEASE
AGREEMENT BETWEEN CITY OF DENTON
COUNTY OF DENTON § AND MAVERICK AIRCRAFT, INC.
WHEREAS, the airport lease agreement between the City of
Denton and Aerosmith Denton Corporation dated October 1, 1979, was
assigned to Maverick Aircraft, Inc., by Order of the Bankruptcy
Court on April 18, 1984, and
WHEREAS, pursuant to such lease assignment, Maverick Aircraft,
Inc., and the City of Denton stipulated and agreed that certain
portions of the lease be renegotiated, now, therefore,
WITNESSETH
The City of Denton, Texas, hereinafter referred to as "City"
and Maverick Aircraft, Inc., hereafter referred to as "Maverick",
for and in consideration of the rents, commissions, covenants and
conditions contained herein, do hereby mutually agree that the
airport lease agreement dated October 1, 1979, between the City
and Aerosmith Denton Corporation, assigned to Maverick by Order of
the Bankruptcy Court on April 18, 1984, is hereby amended as
follows'
1. All references to Aerosmith and Aerosmith Denton
Corporation are deleted and Maverick Aircraft, Inc., hereinafter
referred to as "Maverick" is substituted therefor.
2. Section I, Paragraphs B (SPACE IN ADMINISTRATION BUILDING),
C (PARKING SPACE) and D (LEASED GROUND SPACE) are amended to read
as follows:
B. LEASED PREMISES:
A tract of land consisting of 16 34 acres or 711,770
square feet as depicted in Exhibits A and Al, attached hereto and
incorporated herein by reference, and having the following metes
and bounds:
All that certain 16.34 acre tract or parcel of land situated in
the William Nell Survey, Abstract No. 970 and the Thomas Toby
Survey, Abstract No. 1285, Denton County, Texas, said tract being
AMENDMENT TO AIRPORT LEASE AGREEMENT BETWEEN CITY OF DENTON AND
MAVERICK AIRCRAFT, INC./PAGE 1
part of a tract shown by deed to the Czty of Denton and recorded
in Volume 305, Page 216, Deed Records, Denton County, Texas and
being more fully described as follows
BEGINNING for the northeast corner of this tract at an iron pzn,
said iron pin being on the south right-of-way of Farm-to-Market
Road #1515, said corner also being south 02°09'51'' east 50.0 feet
from the northeast corner of said City tract, said corner also
being the northwest corner of a tract shown by deed to Patrick F.
Breen and recorded in Volume 427, Page 183 of said deed records,
THENCE south 02°09'51'' east with the east line of said City tract
and the west line of said Breen tract a distance of 589.79 feet to
a point for a corner,
THENCE south 88049'36'' west a distance of 1154.70 feet to an iron
pin for corner said corner being east 66.0 feet from the center
line of an existing taxiway,
THENCE north 06007'26'' east 66.0 feet east of and parallel to sa~d
taxiway centerltne, a distance of 403.85 feet to a railroad spike
for corner, said corner being the start of a curve to the left
whose radius is 283.74 feet,
THENCE northwesterly with said curve a distance of 174.75 feet,
central angle 35°17~13'', chord bearing north 23°49'21'' west 172 00
feet to a railroad spike for the end of said curve and the
beginning of a curve to the right whose radius is 405 64 feet,
THENCE northwesterly with said curve a distance of 231 59 feet,
central angle 32°42~40'', ohord bearing north 19027'28'' west 228.46
feet to a railroad spike for the end of said curve,
THENCE north 89020'33'' east a distance of 150.42 feet to an iron
pin in a chain link fence and the start of a curve to the left
whose radius is 375.0 feet,
THENCE southerl~ with said curve a distance of 136.48 feet,
central angle 20°51'11'', chord bearing south 23°10'12'' east 135.73
feet to an iron pin in said chain link fence for the end of said
curve~
THENCE north 89008'29'' east with the north edge of an existing
drive a distance of 273.05 feet to an iron pin for corner,
THENCE south 00057'57'' east a distance of 53.60 feet to an iron
pin for corner said iron pin being north 26.29 feet from the
northwest corner of an existing hangar building,
THENCE north 89008'50'' east with the south right-of-way of said
Farm-to-Market Road #1515 a distance of 757.03 feet to the point
of beginning and containing 16.34 acres of land.
Maverick will also retain possession of its existing
fuel farm with the right of ingress and egress thereto.
C. FUTURE TAXIWAY
In addition to the premises described in Paragraph B
above, City hereby leases to Maverick a strip of land 52.93 feet
AMENDMENT TO AIRPORT LEASE AGREEMENT BETWEEN CITY OF DENTON A~D
MAVERICK AIRCRAFT, INC./PAGE 2
zn width by 743.33 feet in length, consisting of 0 90 acres or
39,344 square feet as depicted in Exhibits B and Bi, attached
hereto and incorporated herein by reference, and having the
following metes and bounds.
Ail that certain 0.90 acre tract or parcel of land situated in the
William Nell Survey, Abstract No. 970 and the Thomas Toby Survey,
Abstract No. 1285, Denton County, Texas, said tract being part of
a tract shown by deed to the City of Denton and recorded in Volume
305, Page 216, Deed Records, Denton County, Texas and being more
fully described as follows:
COMMENCING at the northeast corner of the tract described in
Paragraph B above and depicted on Exhibits A and A1 attached
hereto, at an iron pin, said iron pin being on the south
right-of-way of Farm-to-Market Road #1515, said corner also being
south 02°09'51'' east 50.0 feet from the northeast corner of said
City tract, said corner also being the northwest corner of a tract
shown by deed to Patrick F. Breen and recorded in Volume 427, Page
183 of said deed records,
THENCE south 02°09'51'' east with the east line of said City tract
and the west line of said Breen tract a distance of 589.79 feet to
a point for a corner,
THENCE south 88049'36'' west a distance of 204.70 feet to an iron
pin for the point of beginning,
THENCE south 01006'47'' east a distance of 52.5 feet to a point for
corner,
THENCE sou~h 88°49'36'' west a distance of 750.0 feet, more or
less, to a point for a corner in the east boundary line of a new
apron,
THENCE north 06°07'26'' east along the east line of said new apron
a distance of 52.93 feet to a point for a corner in the south
boundary line of the tract described in Paragraph B above and
depicted om Exhibits A and A1 attached hereto,
THENCE north 88°49'36'' east along the south boundary line of the
tract described in Paragraph B above and depicted on Exhibits A
and A1 attached hereto a distance of 743.33 feet to the place of
beginning and containing 0.90 acres of land.
The use of the above-described strip of land is
restricted and limited to pavement only for access to the
remainder of the property leased herein. Maverick agrees to keep
this strip free of any and all obstructions and improvements of
any kind, except pavement, so the property may serve as a clear
area for the proposed taxiway adjacent thereto.
Should the City not commence construction of a tax,way
immediately to the south of, and ad3acent to, the above-described
AMENDMENT TO AIRPORT LEASE AGREEMENT BETWEEN CITY OF DENTON AND
MAVERICK AIRCRAFT, INC./PAGE 3
strip of land within ninety (90) days of receipt of written
evidence from Maverick that it has a financing commitment for
construction of hangars to the east of its existing hangars, then
Maverick shall have the right to lease an additional strip of
land, 87.50 feet in width and 743.33 feet in length, immediately
to the south of, and adjacent to, the above-described strip leased
herein~ upon the same terms and conditions, for the sole purpose
of constructing a taxiway. Should Maverick exercise this right
and construct the taxiway with its own funds or financing, then
the City shall have the right, but not the obligation, to
recapture and recover all or any part of this strip, at the City's
option, at a price, payable in twelve (12) equal monthly
installments, calculated to reimburse Maverick for its actual
costs of financing and construction of that portion of the taxiway
recaptured and recovered on a per foot basis.
D. OPTION FOR ADDITIONAL PROPERTY.
For and in consideration of the sum of Five Hundred
($500.00) Dollars, receipt of which is hereby acknowledged, the
City hereby grants to Maverick an option to lease, at a rental of
two and one-half ($0.025) cents per square foot per year, a tract
of land consisting of 6.66 acres, or 290,110 square feet, as
depicted on Exhibits C and C1, attached hereto and incorporated
herein by reference, and having the following metes and bounds:
Ail that certain 6.66 acre tract or parcel of land situated in the
William Neil Survey, Abstract No. 970 and the Thomas Toby Survey,
Abstract No. 1285~ Denton County, Texas, said tract being part of
a tract shown by deed to the City of Denton and recorded in Volume
305, Page 216, Deed Records, Denton County, Texas and being more
fully described as follows:
COMMENCING at the northeast corner of the tract described in Para-
graph B above and depicted on Exhibits A and A1 attached hereto,
at an iron pin, on the south right-of-way of Farm-to-Market Road
#1515, ~aid corner also being south 02°09~51'' east 50.0 feet from
the northeast corner of said City tract, said corner also being
the northwest corner of a tract shown by deed to Patrick F. Breen
and recorded in Volume 427, Page 183 of said deed records;
THENCE south 02°09'51'' east with the east line of said City tract
and the west line of said Breen tract a distance of 570.81 feet to
AMENDMENT TO AIRPORT LEASE AGREEMENT BETWEEN CITY OF DENTON AND
MAVERICK AIRCRAFT, INC./PAGE 4
a 1-1/2 inch pipe by a fence corner post for the point of
beginning;
THENCE north 87043'23'' east with the south line of said Breen
tract and a line of said City tract for a distance of 300.30 feet
to a fence corner post on the west line of Underwood Road~
THENCE south 02007'08'' east with the west line of said road and
with a fence for a distance of 580.84 feet to an iron pin for a
corner,
THENCE south 88049'36'' west leaving said road for a distance of
514.81 feet to an iron pin for a corner,
THENCE north 01006'47'' west a distance of 556.0 feet to an iron
pin for corner,
THENC5 north 88049'36'' east a distance of 204.70 feet to a point
for a corner,
THENCE North 02°09'51'' east a distance of 18.98 feet to the place
of beginning and containing 6.66 acres of land.
Should Maverick not exercise this option by leasing and
commencing development of the optioned premises within eighteen
(18) months from the date of execution of this lease, this option
shall automatically expire and be of no further force nor effect.
Maverick shall notify the City, in writing, at least thirty (30)
days prior to its exercise of this option.
3. Section I, Paragraph G, Subparagraphs (1) and (2) are
hereby amended to read as follows.
G. CITY AGREES:
(1) To allow Maverick to continue to occupy the north
hangar, identified as Building No. 5 on Exhibit No. 1 attached to
the October 1, 1979, lease for a monthly rental as specified in
Section III hereof and upon the following terms and conditions
a. Maverick's monthly tenancy of the north hangar shall
cease and Maverick agrees to vacate the premises by
the date the City commences to demolish the structure
upon at least sixty (60) days written notice (but in
no event sooner than ninety (90) days from the date
of execution hereof) to Maverick prior thereto.
b. Maverick agrees to lease the north hangar in its
present condition and to defend, indemnify and hold
the City harmless from all liabilities and claims for
damages for or by reason of any injury or injuries to
any person or persons or property caused by or result-
ing from the condition of the premises including, but
not limited to, any structural defects, whether such
AMENDMENT TO AIRPORT LEASE AGREEMENT BETWEEN CITY OF DENTON AND
MAVERICK AIRCRAFT, INC./PAGE 5
damages or injuries are sustained to the persons or
property of Maverick, its agents or employees~ or
third persons.
(2) To provide sole use of those certain hangars identified
as Buildinss No. 1, 2~ 2A and 3 on Exhibit No. 1 attached to the
October 1, 1979 lease and being on the property herein leased to
Maverick.
4. Section III, RENTALS AND FEES, is hereby amended to read as
follows:
Maverick agrees to pay to the City the sum of Six Thousand
Three Hundred Nine and 36/100ths Dollars ($6,309.36) per year as
ground rental ~or 751,114 square feet (17.24 acres) leased herein
as depicted on Exhibits A, Al, B and B1, attached hereto, at 0.84
cents ($0.0084) per square foot, payable in twelve (12) equal
monthly installments of Five Hundred Twenty-Five and 78/100ths
Dollars ($525.78) due in advance by the first day of each and
every month during the term of this lease. The annual rental for
the land herein leased shall be read3usted, either upwards or
downwards, at the end of each five (5) year period commencing
October 1~ 1984, on the basis of the proportion that the then
current Ail Urban Consumer Price Index (CPS-U) for the Dallas/Fort
Worth, Texas, Standard Metropolitan Statistical Area~ as compiled
by the U. S. Department of Labor, Bureau of Labor Statistics bears
to the October, 1984 index which was 333.7 (1967=100).
Maverick further agrees to pay to the City the sum of Two
Hundred Fifty and No/100ths Dollars ($250.00) per month, due in
advance by the first day of each and every month, as rental for
the north hangar, identified as Building No. 5 on Exhibit No. 1
attached to the October 1, 1979 lease, said monthly rental to
continue until Maverick vacates the building.
In addition to the above rental, Maverick agrees to pay to
the City the following co~m~issions and fees.
A. Ten percent (10%) of all hangar and aircraft tie-down
rental fees collected by Maverick each month during the
AMENDMENT TO AIRPORT LEASE AGREEMENT BETWEEN CITY OF DENTON AND
MAVERICK AIRCRAFT, INC./PAGE 6
term of this lease, due and payable by the 15th of the
month immediately following the month in which such fees
were collected.
B. Five cents ($0.05) per gallon on all fuel delivered to
Maverick each month during the term of this lease, due
and payable by the 15th of the month immediately
following the month in which such fuel was delivered.
C. (No change from October 1, 1979 lease).
Ail payments due the City from Maverick shall be delivered to
the Airport Manager unless otherwise designated zn writing by the
City.
5. Paragraph XVII, NOTICES, is hereby amended to read as
follows:
XVII.
NOTICES
Any notices or demands required to be given herein shall be in
writing and shall be sent by certified mail at the addresses set
forth below, or to such other addresses as the parties may
substitute by written notice given in the manner prescribed in
this section. Notices shall be effective upon receipt thereof.
NOTICE TO CITY. NOTICE TO MAVERICK.
City Manager Otho Henderson
Municipal Building Maverzck Aircraft, Inc.
215 East McKinney Denton Municipal Airport
Denton, Texas 76201 Denton, Texas 76205
6. This lease amendment is made as a compromzse between the
City and Maverick for the complete and final settlement of any and
all claims, demands, rights and causes of action either have or
may have against the other for monetary damage and the same are
hereby satisfied, discharged and settled, provided, however,
nothin~ contained herein is intended to constitute, nor shall be
construed as, a waiver by either party of any right to enforce the
terms of this lease and to seek any remedy provided for herein, or
at law or in equity, arising from a breach or default by the other
party subsequent to the execution hereof. This agreement shall be
binding on and inure to the benefit of the parties and their
respective legal representatives, successors and assigns.
AMENDMENT TO AIRPORT LEASE AGREEMENT BETWEEN CITY OF DENTON AND
MAVERICK AIRCRAFT, INC./PAGE 7
IN WITNESS WHEREOF, the parties have executed this Agreement
CITY OF DENTON, TEXAS MAVERICK AIRCRAFT, INC.
o ?TEWm , MAYOR 'V '
ATTEST' .
C~KRLOTTE ~ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM.
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged belore me on the o~j~-- day
of ~~ , 1985, by Otho Henderson, President of
Maverick Aircraft, Inc., a Texas Corporation, on behalf of said
corporation.
~M~ NOT~'Y P~LIC, STATE OF ~
My~s~on expi~s. /~-/o-~
AMENDMENT TO AIRPORT LEASE AGREEMENT BETWEEN CITY OF DENTON AND
MAVERICK AIRCRAFT, INC./PAGE 8
EXHIBIT "A" TO }IAVERICK LEASE AMEND~'.NT DATED ~-~[ , 1985
!
L, t74. 75' L
LC.' 172,00'
N~W A~ON
I
X
S02o oq' g'l~E
I
I
__g_ __~_ _~__
PART
A/ ~ ~
EXHIBIT "Al" TO MAVERICK LEASE AMENDMENT
DATED am.~ ~l , 1985
8¢9 ~ ~
I >
=mo I ;~ r
EXHIBIT "B" TO MAVERICK LEASE AMENDtIENT DATED I~ ill , 1985
!
BIT "Bi" TO MAVERICK LEASE AMENDMENT
, ~z~' ~1. , 1985
EXHIBIT "C" TO MAVERICK LEASE AMENDMENT DATED ~ ~l , 1985
!
MRVERICK L lEAS F..
pAR1' C ~'
/^v/ ~ ~
i, /
BIT "Ci" TO ¥~IVERICK LEASE AMENDMENT
COUNTY OF OENTON )
Tht~ Agreement. made and entered tote &t Oen~on. Texas. thls
t~e [~ day of ~n~ , Ac 0. Ig7~, by and he,ween the City of ~'
Oeo,on. Texas~ ~ Huntctpal Corporation. of the County of Oeo,on. ~_
State of Texas. hereinafter for convenience sometimes styled ~
· ~tt~'. and Aerosmtt~ De,ton Corporation. · Texas CorGor&tton. ?
convenience somegtmes sty]ed 'Airport',
WITN;SSETH-
commissions, cevmflAnts and agreements contained herein ~utually
~tty does hereby demise 1nd lac unto Aerosmtth, and Aerosmit~
does hereby hir~ &od taws from the City, certain premises and
A. USE OF AIRRORT'
said atrpor~ ~nd ~11 appurtaflancas, facilities, tmDrovements,
"--~--~';~ ~rovtde4 thereat, such use .ithout limittn~ the generality hereof, .
~ to include the following rights, licenses. ~nd privileges
and ocher equipmeflCa the right to load and unload Persons,
airport, and, also. the further right to designate the Carriers
· he sha~1 transport AorosmtCh,s airborne ~retghC, ff any, to and
~rcm tar Said airport> th~ right to fnstall and OPeraco
~erosmtth,s operations, the COnduct of any Othe~ bust~esa
Sub~ocC to CIty'S right of recapture as hereinafter .-
PrOVided, Clt~ affords tO Aerosmyc~ the sole use
8Ut?ding.
The use by Aerosmtth, its employees, customers, suppliers
and other licensees, or tnvttaes, without charge, of an adequate
designated vehicular parking space located as near aa possible co
the Administration Building.
O. ~(ASED GROUNO SPAt(
The sole use of that certain ground space, together
811 Improvements now Icc&ted thereon 4nd whtch may hertafter be
added thereto, lytn~ ~nd betng s~tuetad on said atrport, for suc~
uses as Aeresm~th may destro to make thereof, compettble ,1th the
trsct of ;and out of the Thomas Toby ~urvey, Abstract
NO. ~286 and Hm. Net~! Survey, Abstract NO. ~70, Oenton
County. Texas, said tract betng tn the name of P.
6reen and described tn Volume 127. P~ge ]83 o~ the Oeed
Records of Oeflton County, Toxis. Said point betflg the
flQrthvest corner of said tract and also botng In the
south line Of F.N. Road 1SI$,
dtstanca of 360 feet to a potnc for a corner;
~(NC~ north a dtstancs of lOOO feet to a point for a
corner,
TH(NC( Nest a distance Qf 830 ?oat ~o a point for a
corfler~
TH(NC[ south a dtstanco of 1600 ?aec to 4 potnt for a
Gorner;
TH(NC[ east a d~stance of 116~ ?oat, mo~n ur less. to a
paint for a corner, said point betng the ~ost Nesterly
SOUthWest corner of ~he s&ld 8rnefl Tract.
l~4(NC[ northerly ~tth the Nest line 0¢ satd 8~een T~act
a dtstance o~ 600 ?aec to the place o~ beginning.
agreement.
-, /~. A(ROSN~TH
I (1) TO Indemnify the City egalnst such 10s$o$ tn
_- -.~.~ connectto~ with Aerosmtth*s ooe?actons hernunder ~s can be
funded from Aerasmtth's purchase of a standard 1lability
insurance policy ~fl ~n amount not less than S100,000 ?or each
PAG~ ·
damage;
(2) TO compl~ wtCh all cur~enC and ~uCure laws and
ordinances and a11 ~egulac~ons o~ federal, state, ~oun~y
and ~h~ CQS~ Of 11cans~s and ~ermtcs necessary
(3) TQ keep adequate ~scords Qf tncome and ex~ansa and'
0treCCQ~ Of Ftnance, CtC~ Q~ Oen~ofl, Texas;
(4) TO conduce 1CS busJflass and
(S) TO ~rovtda sar~tce on a non-dtsc~tmtnaCor~
CwenC~-fou~ (24) hours or lass,
(8) To ~rovlde ~antCo~al sarvtca
Adm~n~s~i~tofl 8ut Idtflg,
the resgons~bt11~ of
su~i~lt itr~lane fo~ c~a~ntng 4fl4 rental ~u~oses,
~ep&~ shoo, including emplo~menc of an A & P l~ceflse
(13) To a~ke avatlabl~ e~Cher by tank ~roc~, sCaC~onar~
Ftre ~arshal of C~e Cloy o~ Oencan, Chose g~ades and octanes
g&sallne and ocher petroleum distill&tea normally fauna aC
avtetton fuels sh&]l he placed underground tn accordance
cae previsions of the Fire Code of the Ctty of Oanton
it underground flammable ltqutd storage tanks.
, (14) To provtde vendtng machines on premises for the
d~sgensJng of refreshments, and to retain the revenue from such
ii devtces.
, (1) To prevtde and'equip an Administration 8utldtng
and provtde an office theretn for Aerosmtth tn said
AdmtntstrattQn Building, and grovtde unicom
(~) TQ pro¥tde sale use of ~hose certain hangars s~ovn
hereto and betflg on the proper~y ~eretn leased t~ Aerosmtth.
(3) ?a maintain all concrete and asphalt
taxtwe~$ and auto and airplane parking areas on the enCtr~
~rgor~, Including the premises herein leased or ~ade available
(4) Pay for all utilities fo~ the equipment described
tn ]tsm ~ helen and all utilities to thr Administration
8utldtng and ~ate~ for matnCatntng the area around
($) To matnCatn all runNa~, taxi, and area lights, and
beacons as well as to provide all security lighting on the
airport tf the ¢t~¥ deems the laCCe~ necessary,
(~) To provide adequate insurance for the
Administration Sutldlng and al~ leased ~angars, and co re~laca
or repat~ each tn all cases of any loss comgensaCad by
insurance, ~t~htn a reasonable ttme.
The pr~mer~ term of this Agreement s~al~ be for a period
thirty (30) ~ear$, commencing on the date of execution ~ereof
the same manth of the year ~OOg, unless sooner terminated as
herstn prevtded though City spectftcally agrees that should
Ae~esmtth, during said thirty (30) year primary term, complete
of & m~nlmum value of Three Hundrsd ~heusand ($3OO,O~O) Dollars
provided Aerosm~th shall In writing notify the ¢~t~ ~aflager of
intent to exercise frs right Qf extension and ~rev~ded further
~aflager no~ less than stxt~ (60) days prier to the expiration
A~resmttA agrees to pay City, at the Hunic~pal Building
~ufldred ($8, dOO.OO) Oellars par year, ~ayable tn
installments of Seven Hundred ($700.00) Ocllars each, for each
~ the proportion that the ~hen current Consumer's Prtce ~ndex,
Area, comgtled by the ~. $. Oepartment of Labor, 8.reau of
LabG~ Statistics bears to the June, lg7g ~ndex which ~as ~17 $
year per~od both Cft~ and Aarosmtth now agree
agrees to pay monthly the
A. Taft (10%) percen~ of all hangar ~efl~a! o~ 'aclltttes
place as ~¢ data hereof w~A the fur~er agreement
PAG~ $
e~a~ ~e flegoC~eee~ at C~me o~ o~an apo~ovel o~ suc~
~a=~t~ea ~y C~ty,
8. ?h=ee (ed) oaflta ;er gallafl on e£I avtaClcfl fueZ sal~
~y Ae=oon~A oC~e~ t~an C~at Ou=c~ase~ an~ uaea
CaTpaeatlan a= Can (~aX) peFcenC c~ Ae=oem~t~,s g~ae~
~a?~t ?~oe the sa~ aP aviation ?ueZ (excluding gu~c~aaee
~4 use Oy Ae~asm~t~ afl~/o~ Ae=oam~n Co=~a~eC~an)
w~eve= amount s~a~l ~a ~e g=eaCaaC. 7~e peaches ~e~eCo
caa~ a~ FUeZ, ~fle~ud~flg ~axaa ~e~ean, and ~ts se~ng
C. A sue equal to afle-t~eA~ (1/12)
CAW o~ C~e Anau=anca cae=ia= on tme ~teen ~aueana
(Z~,ooo) aqua=e ~ooc ma£n ~angar and ~e
g=eaanCly oene~ ~y C~y an Cna g~ooe=ty he=e~n.
Y MAZNTENANC~ ANO
Ae=oamLth shall be ~aa~ana/bZa ?aa the cleaning,
~=eeAses owned ~y City vn~c~ afc an the g=cpe~ty beAng Ae=e£n
t~e A~mln£sC~tan 8utlalng. Clty s~all be =ea~onalble
mmda= =agates and t~e ~a=~lee ~a nay aq=ee ~at meJo~
a~e aeflnad as =agates =equl=ad on ~ull~tnge, ~t=uctu=ee, eno
sAal~ nat ~e ~eegona~Ze ~a= ¢laan~flg, ~alntanance, ~aJa=
by Ae~aomlt~ £~ s~avn on Exhibit NO. ~, attac~ed ~e=aCo, aa
~ulla~nqe NO. 2 aha 3.
AOO~TIONAL CONSTRUCTION
Or hangers, buildings or Structures, including storage tank~,
Implement&tiao. ~t betog the intent of the City to grant
terms and conditions, tn¢lutng fin&octal consideration to
oommmr~t41 or retail purposes to ~otontial lessees solicited by
Aerosmtth. Aerosmtth ~t11 notify City in writing Of Tht~
during the term the~eQ~ be p~omulgatc~ and enacted by City or
agenc~ hovtng ~urtsd~cttQn Chereover, and are nec ln¢onststehC
utth the procedures prescribed O~ approved frQm C~me to C~me b~
th~ Federal Aviation Agency or Ctvtl Aeronautics adore for
coronaries and agrees co formulate, adopt and eflfQroe Ioda~
rules an~ ~egula~tons at sa~d a~rpor~ vhtoh v~ll provide, among
other th~nge, thaC scheduled Cranspor% planes, whenever
way over other itrcPdf~ and Whtdh regulaCtQnS shall ¢onSrol the
HE~ CONS?RU~TTON
oonstr~cted upon the premtses by AerosmtCh sheet remote the
property of Aeresmt~h SUb~ect to the followtn~ conditions
remaining upon th~ lease~ ~remtses upon the expiration of
~ht$ lease~ tnclud~n~ the exCenstoe thereof tf the same be
exercised, shall autom&ttcaTly thereupon become the
C. Should thts leas~ agreement be cancelled ~fldor the
terms hereto for any reason other than AerQSmtCh*s default
t~ the pe~mefl~ of Ch~ ~enCals and Fees as are provided
PAGg 9
berate, ~hee and fn theC event Clem shall have the ffrst
rtgh~ and AerosmtC~ Curpurattun, the parent curperstlun of
AePasmtth berate, shall have the second r~ght to purchase
&11 butld~ngs and structures constructed by Aerosmtt~ at
· wh~c~ etther ;arty shall have the r~ght to purchase said
buildings And structures shall he the fAtr value Charmer ac
upon by the ;ar~les hereto unless, pr~or to the
commencement of construction City and Aeroe~lth shall have
agreed to ~ schedule of depreciation on such structures and
~utldlngs whtc~ ~euld ;ermtt an evaluation therec~ ac any
potn~ durtflg the 11fe of thts agreement. 6otb City and
corporation exercises 1ts secondary ~ght tu ~e;urchase
prcpert~ heretn leased to Aerosmtth or, at AerQsm~th
Corporation's optton, tc should elect to cunt~nue
operations under the terms and cufld~ttufls of thts agreement
Satd Structures and buildings from the leased premises
leavtng satd loase~ prem~Se~ 'ctean) tn the sense thac all
dahrts led rubble tnctdenc to satd removal shall be carrted
off and Chic all ma~or damage~ t~ any, ~ncldant to said
-. removal shall be repaired.
SUBROGATTON OF ~OflTGAG~£
Any person, corporation ur Institution that lends aoney to
PAGE lO
structure, building or improvement shall, upon default of
Aorosmtth's obligations to said mortgagee, have tho right to
~ hAngAr~ StrUcture, building oK improvement according to the
&
Ae~asmtth hermtn, the second right, within sixty (60) days
S~rUoture$ $ough~ to be removed. ChouJd Amrosmt~h
pravtdad, Aerosm~th Corporation
~er~s and p~ovtstofls tn V~Z~. C. hereinebove as ~he same 4re
X.
Aerosmtth'$ uso e¢ the e~oAsod ground space' and Ctty shall
restor~ the property to 1ts origtflA! condition upon the
InStallation 0¢ any uti!try services off, ffl, ove~ or under any
suc~ easement.
CANCELLATTON 8¥ CITY
~ '*-"~"~"~'~ [e the event thAC Aerosmtth SAA!I file a voluntary peCttiofl
o~ Aerosa~th shell be d~veatod of Its estate herein b~ other
def&ulG tn the pa~mon~ of the ~ontals lnd ~ee$ is Ire
herein, City shall have, upon defaul~ ~ AIrQsmtt~, the
parches& afl~ or ell o~ the properties thoretc~oro
b~ kerosmtt~ provided tS, Aerosmtth ~OrpoPattOfl, does sc under
the terms end conditions es pPovtded In VII~. C. hern~nabove
leased premises.
CAKCELLA?TON 8Y A£~O$~IT~
by thirty (30) dave ~rtttefl notice, upon or a~ter the happening
of any Qfl~ O~ the follo~lng events, tssuance by any court
comgetent ~ur~sdtctton of a permanent Injunction Iff &ny
AerQneuttc$ So&rd and/or ;oders1 Avtatton Agency reCustng
of Aerosmtth t~ use said premises end facilities continuing for
authority h&vtng 3urts~tctton over the opersttons of Aerosmtth
City cerements and agrees not to enter fnto any lease.
favorable terms tha~ this agreement or to gran~ to any other
potion, firm er corporation rights, privileges or concessions
Aorosmtth hereunder unless the same rtghts, privileges and
concessions are concurrently and automatically made available
to Aorosmtth.
XIV.
¢lty~ upon giving Aerosmtth ninety {gO) days notice, may at
any tams during this Agreement recapture the Administration
8utldlng and, if it chooses, the arno immediately surrounding
the Administration 8utldtng ss s~own on ~xhibtt "Z" attached
hereto and do so under the following conditions'
~AG£ 13
ShQGI~ C~ ~t~ elecC Co ~eciOtu~t ch~ AdmtnfsC~aCton
configuration of 200 x 400 ~ee~, and upon the compiet~o~ o~
~aup and commencing
recetves OK t~s CQCAI ramp ares. In ~hts laCte~
owned by Aerosmtch and/or Ae~OSm~Ch Curp. do hoc Pay
or eta-down ~ees.
AerOSItCh*s g~ound lease shall Ca~tnaCe on
1Qwtng activities.
At~c~af~ ~enCal
PAGE 14
g. ~uel Sales
HOK vtll ¢tt¥ permit overnight or monthly tie-down
s#Guld the ed3acenc eree to the Administration Dutldtng
be recaptured.
AerQSatth shall net ec any time assign this lense or any
_ part thsreo~ vtthauC the consent tn writing of City, provided
that the foregoing shell nec prevent the assignment ac any ttme
of this lease to any corporation rich which AerosmtCh may merge
or ¢onsolidste or which may SUCCeed to tho business or essets
Of Aerosmtth or a substantial pert thereof, such consent shaT1
not be Qnreasonably withheld.
City agrees that, qn ~ayment o~ the rent and performance of
the covenant& end agreements on the pert of Aerosmtth Co be
performed hereunder, Aerosmtth shall peaceably hold and enjoy
this contract, the l(esad premises end all the rights and
privileges uf said atrlort, its appurtenances end facilities.
within the limits heretm granted.
XVIL.
NOTTC~
Notices to the City provided for herein $hel1 be sufficient
t~ sent by registered mail, postage prepaid, sddressad to the
City Secretary of the City of OenCcn, Texas, and notices to
Aarosmtth. tf sent by registered mail. postage prepaid,
addressed to Asrosmtth Oeflco~ COrpOratiOn) Ooflton Municipal
Airport. Denton. Texas 76201. or to such other respective
t addresses as either of the parties may designate In writing
I
PAG[ 16
- occasioned by ~h~ Faul~ of AorosmtCh, and casualty covered
Ctty'$ Insurance, alon~ excepted.
~tth 411 extsttng rules and regulations, and crtCorta
distributed by the Federal AvtaCtcn Agency> ¢1vti Aeronautics
easements over ad~otnfng and contiguous areas, cver-~ltght
continue C~ com~l~ wt~h th~ ~cregatng.
CONFL]C? OF INT~RE$?
CtC~ ~e~ogntzes Che~ Chts ¢onC~icc, ~s ~eFe the ~to~
Qf tnCeres~ tn the negoCt&CtQfl lesdtng ub Co and ~Qnsuml4ce~ b~
coptes of like tenor end effect, each of whtch shill be deemed
in ortgtnal
ClT~
BY'
CITY O~ OENTON, TEXAS
APPRGV(D AS TO ~EG~L
ATTQRNEYt CZTY OF DENTON,
PAGE 17
ConSigning 80 40 .- feet Co ~h eld. Ae~osm~Ch
r/
RESOLUTION
WHEREAS, the City of Denton owns property available for lease
at the Denton Municipal Airport; and
WHEREAS, Mr. Craig Tlms and Mr. Jim Coursey desire to lease
property at the Denton Municipal Airport and to utilize the same
for h~ngar construction, hangar rental and related aeronautical
purposes; and
W~EREAS, the City of Denton desires to lease a certain tract
of re~l property upon the Airport premises for such purposes; and
W~EREAS, the Alrport Advisory Board has reviewed and
recommended approval of the attached proposed Lease Agreement;
NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT:
SECTION I.
Thm Airport Lease Agreement (Commercial Operator) between the
City olf Denton and Craig Tims and Jim Coursey, attached hereto and
lncorpgrated herein by reference, is hereby approved.
SECTION II.
Th~ Mayor is hereby autnorxzed to execute the attached lease
agreement on behalf of the City.
SECTION III.
That this Resolution shall become effective Immediately upon
its passage and approval.
PASSED AND APPROVED this the L day of
CH RD O.;TEWA_ ?, YOR U
~ITY~OF DE~TON, TEXAS
ATTEST ~
CHARLOTTE ALLEN-, CTTY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM~
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
1189L
AIRPORT LEASE AGREEMENT
COMMERCIAL OPERATOR
THE STATE OF TEXAS ~
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON S
1985, at Denton, TeAa~, b and between -
Y t~e city of Denton, a
Munlclpal Corporation, hereinafter referred to as "Lessor", and
Crazg Tims and Jzm Coursey, a Texas Partnership, havzng lts pr~ncz-
pal offices at 37 Meadow Brook Lane, Roanoke, Texas, hereznafter
referred to as "Lessee".
WITNESSETH:
WHEREAS, Lessor now owns, controls and operates the Munzczpal
Airport (Azrport) zn the Czty of Denton, County of Denton, State
of Texas; and
WHER/~AS, Lessee deszres to lease certain premzses on said
alrport and construct and mazntazn an a~rcraft hangar and related
avzatzon fac~lztzes thereon; and
NOW, THEREFORE, zn conszderat~on of the premzses and the
mutual covenants ¢ontazned zn thzs Agreement, the partzes agree as
follows:
I. CONDITIONS OF AGREEMENT
NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY HEREINAFTER CONTAINED,
THE LANGUAGE IN PARAGRAPHS A THROUGH D OF THIS SECTION SHALL BE
BINDING.
A. Principles of Operations
The right to conduct aeronautical activities for furnishing
servlces to t~e public is granted the lessee subject to Lessee
agreelng;
1. To furnish sazd Services on a fazr, equal and not un-
]ustly dlscrzmlnatory baszs to all users thereof, and
2. To charge fair, reasonable and not unjustly dzscrzmzna-
tory przces for each unzt or servzce, provzded, that the
LEASE AGREEMENT/CRAIG TIMS & JIM COURSEY/PAGE 1
Lessee may De allowed to make reasonable and nondiscri-
minatory d~scounts, rebates, or other s~mllar types of
price reductions to volume purchasers.
B. Non-Dlscrlminatlon
The Lessee, for himself, his personal representatives,
successors in interest, and assigns, as a part of the consideration
hereof, does hereby covenant and agree as a covenant running with
the land that:
1. No person on the grounds of race, religion, color, sex,
or national origin shall be excluded from participation
in, denied the benefits of, or ~e otherwise subjected to
discrimination in the use of said facilities;
2. In the construction of any improvements on, over, or
under such land and the furnishing of services thereon,
no person on the grounds of race, religion, color, sex,
or national origin shall be excluded from participation
in, den~ed the benefits of, or otherwise be subjected to
d~sorlmlnatlon;
3. The Lessee, shall use the premises in compliance w~th
all other requirements imposed by or pursuant to Title
49, Code of Federal Regulations, Department of Transpor-
tation, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination in Federally Assisted Programs of the
Department of Transportation-Effectual of Title VI of
the Civil Rights Act of 1964, and as said Regulations
may be amended.
That in the event of breach of any of the above
non-discriminatory covenants, Lessor snail ~ave the right to
terminate the Lease and to re-enter and repossess said land and
the facilities t~ereon, and hold the same as ~f sa~d Lease had
never been made or issued. This provision does not become
effective until the procedures of 49 CFR Part 21 are followed and
completed including expiration of appeal rights.
C. Right of Individuals to Maintain Aircraft
It is clearly understood by the Lessee that no right or
privilege has been granted which would operate to prevent any
person, firm or corporation operating a~rcraft on t~e airport from
performing any services on its own aircraft with ~ts own regular
employees (including, but not limited to, maintenance and repair)
that it may choose to perform.
LEASE AGREEMENT/CRAIG TIMS & JIM COURSEY/PAGE 2
D. Non-Exclusive Right
It is understood and agreed that nothing herein contained
shall De construed to grant or authorize the granting of an
exc£uslve right within the meaning of Section 1349 of Title 43,
U.S.C.A.
E..Public Areas
1. Lessor reserves the right to further develop or improve
the landing area of the airport as it sees fit, regardless of the
desires or views of the Lessee, and without interference or
hindrance.
2. Lessor shall be obligated to maintain and keep in repair
the landing area of the airport and all puDllcly owned facilities
of the airport, together with the right to alrect and control all
activities of Lessee in this regard.
3. During time of war or national emergency, Lessor shall
have the right to lease the landing area or any part thereof to
the United States Government for military or naval use, and, if
such lease is executed, the provisions of this instrument insofar
as they are inconsistent with the provisions of the lease to the
Government, shall he suspended.
4. Lessor reserves the right to take any action it
considers necessary to protect the aerial approaches of the
airport against obstruction, together with the right to prevent
Lessee from erecting, or permitt~ng to be erected, any building or
other structure on or ad3acent to the airport which, in the
opinion of the Lessor, would limit the usefulness or safety of the
airport or constitute a hazard to aircraft or to aircraft
navigation.
5. This Lease shall be subordinate to the provisions of any
existing or future agreement between Lessor and the United States
or agency thereof, relative to the operation or maintenance of the
A~rport.
LEASE AGREEMENT/CRAIG TIMS & JIM COURSEY/PAGE 3
II. LEASED PREMISES
Lessor, for and in considerations of the covenants and agree-
ments here~n contained, to De kept by Lessee, does hereby demise
and lease unto Lessee, and Lessee does nereDy hire and take from
Lessor, tne following descr~Ded land s~tuated ~n Denton County,
Texas, as described as follows:
A. Land
A 182 foot Dy 230 foot tract of land, being approximately
41.860 square feet, or 0.96 acres, drawn and outlined on Attach-
ment At ~ncorporated here~n by reference, and having the following
metes and bounds:
All that certain tract or parcel of lana s~tuated ~n the Thomas
Toby Survey, Abstract Number 1285, Denton County, Texas, and Delng
part of a tract ShOWn Dy deed to C~ty of Denton, recorded ~n
Volume 304, page 503, Deed Records, and being more particularly
descr~Ded as follows~
Beginning at a point North 13° 54' 28" East 2,188.79 feet and
North 01° 26' 06" East 30.0 feet from a concrete monument marked
DTO-B-1979.
Thence Nortn 01° 26' 06" East a d~stance of 30.0 feet to a point
for a corner;
Thence North 88" 33' 54" West, a dlstance of 75.0 feet to a point
for a corner;
Thence North 01~ 26' 06" East a d~stance of 90.0 feet to a point
for a corner;
Thence South 88~ 33' 54" East, a distance of 75.0 feet to a point
for a corner;
Thence North 01" 26' 06" East a dlstance of 136.50 feet to a steel
pln in a road easement, recorded in Volume 306, page 461, Deed
Records;
Thence South 84" 49' 51" East with said road easement a dlstance
of 85.37 feet to a steel pln for a corner;
Thence South 21" 45' 54" East a dlstance of 273.02 feet to a polnt
for a corner;
Thence North 88" 33' 54" West a distance of 205.60 feet to the
Polnt of Beginning.
Together wlth the r~gnt of ~ngress and egress to sa~d property;
and the rlght, In common with others so authorized, of passage upon
the A~rport property generally, suD]ect to reasonable regulations
LEASE AGREEMENT/CRAIG TIMS & JIM COURSEY/PAGE 4
Dy the City of Denton; and such rights shall extend to Lessee's
employees, passengers, patrons and lnvltees.
For the purposes of this Agreement, the term "Premises" shall
mean all property located within the metes and bounds described
above including lease hold improvements constructed by the Lessee,
but not including certain easements or property owned and/or
controlled by the Lessor.
B. Improvements Provided By Lessor
None as there are no lmprovements upon the leased premises.
For the purpose of this agreement, the term "Lessor improve-
ments'' shall mean those things on the leased premises belonging
to, constructed by, or to be constructed Dy the Lessor, w~lch
enhances or increases, or will enhance or increase, the value or
quallty of the leased land or property. Unless otherwise noted
aereln, all Lessor improvements are and w~ll remain the property
of the Lessor. Ail Lessor lmprovements must be described in
detail above, or above referenced and attached to this agreement
in an exhibit approved by the Lessor.
III. TERM
The term of this Agreement shall be for a period of twenty-
five (25) years, commencing on the 1st day of September, 1985, and
continuing through the 31st day of August, 2010, unless earller
terminated under the provisions of the Agreement. Lessee shall
have the first right of refusal to renegotlate this lease for an
additional ten (10) year period at the end of the prlmary term of
twenty-five (25) years at a renegotlated rental and terms mutually
agreed upon by the Lessor and Lessee without regard for or
considering the then cost of living ~ndex. Lessee must exercise
the election to renegotiate this Lease in wrltlng addressed to the
City Manager at least one hundred eighty (180) days before the
expiration of the primary term of twenty-five (25) years.
LEASE AGREEMENT/CRAIG TIMS & JIM COURSEY/PAGE 5
IV. PAYMENTS, RENTALS AND FEES
Lessee covenants and agrees to pay to Lessor, as considera-
tion for th~s lease, payments, rentals and fees as follows.
A. Land Rental
The sum of two thousand n~ne hundred tnlrty and 04/100
dollars ($2,930.04) per year, payable ~n twelve (12) equal monthly
~nstallments ~n the sum of two hundred forty-four and 17/100
dollars ($244.17) ~n advance, on or before the f~rst day of each
and every month during the term of t~s agreement.
B. Lessor Improvement Rentals
None, as there are no lessor lmprovements on the leased
property.
C. Pa~ment~ Penalt~ Adjustments
Ail payments due Lessor from Lessee shall De delivered to
the A~rport Manager, unless otherwise designated ~n writing by the
Lessor. Payments which are more than 15 days past due shall be
assessed a penalty of one-half (1/2) of one percent per day,
compounded dally, for each day or fraction thereof which the
payment or fee ~s more than 15 days past due. The yearly rental
for land and ~mprovements herein leased shall be readjusted at the
end of each five (5) year per~od during the term of tn~s Lease on
the bas,s of the proportion that the then current Ail Urban
Consumer Price Index (CPI-U) for the Dallas/Fort Worth, Texas,
Standard Metropolitan Statistical Area, as compiled by the U.S.
Department of Labor, Bureau of Labor Statlst~cs bears to the
September, 1985 ~ndex which shall be attached hereto after the
same ~S published. The land rental amount ~s now based upon seven
($0.07) cents per square foot per year for the land here~n leased.
These four (4) rental ad3ustments, ~f any, shall occur
on the following dates:
September 1, 1990 September 1, 2000
September 1, 1995 September 1, 2005
LEASE AGREEMENT/CRAIG TIMS & JIM COURSEY/PAGE 6
V. RIGHTS AND OBLIGATIONS OF LESSEE
A. Use of Leased Premises
Lessee is granted the non-exclusive privilege to engage ~n
or provide the following:
1. Aircraft Storage and Tie Down To provide parking,
storage and Tie down facilities for aircraft upon or
within the leased premises;
2. Maintenance - TO perform repairs and maintenance to
aircraft in accordance with Federal Aviation
Adm~nlstration rules and regulatlons;
3. Museum To operate a museum of aircraft and aviation
~c ts;
4. Parts - Storage of aircraft parts and accessories in a
neat and orderly manner upon the leased premises;
5. Re,airs - Engine overhaul and repair;
6. Sales - Aircraft parts sales; and
7. Miscellaneous - Aircraft painting. A~rcraft wash
(provided water, soap and other runoff is properly
collected).
Lessee, its tenants and sublessees shall not be authorIzed to
conduct any services not specifically listed in this agreement.
The use of the lease premises of Lessee, its tenants or suDlessees
shall De limited to only those private, commercial, retail or
lndustrlal activities having to do with or related to airports and
aviation. No person, business or corporation may operate a
commercial, retail or Industrial business upon the premises of
Lessee or upon the Airport without a lease or license from Lessor
authorizing such commercial, retail or industrial activity.
B. Standards
Lessee shall meet or exceed the following standards:
1. Address. Lessee shall file with the Airport Manager and
ee~-~'--~-urrent its mailing address, telephone number(s)
and contacts where he can be reached in an emergency;
2. List. Lessee shall f~le with the AIrport Manager and
keep current a list of ~ts tenants and sublessees;
3. Conduct. Lessees shall contractually require its
emp-~-~f~es and sublessees (and sublessee's lnvltees) to
abide by the terms of this agreement. Lessee shall
LEASE AGREEMENT/CRAIG TIMS & JIM COURSEY/PAGE 7
promptly enforce its contractual rights in the event of
a default of such covenants;
4. Utllltles~ Taxes and Fees. Lessee shall meet all
expenses and payments in connection with the use of the
Premises and t~e rights and privileges herein granted,
including the timely payment of utilities, taxes, permit
fees, license fees and assessments lawfully levied or
assessed;
5. Laws. Lessee shall comply with all current and future
fe--~-d~ral, state and local laws, rules and regulations
which may apply to the conduct of business contemplated,
including rules, regulations and ordinances promulgated
by Lessor, and Lessee shall keep in effect and post in a
prominent place all necessary and/or required licenses
or permits;
6. Malntenance of Pro,ertl. Lessee shall be responsible
for the maintenance, repair and upkeep of all property,
bullO~ngs, structures and improvements, including t~e
mowing or elimination of grass and other vegetation on
the Premises, and shall keep said Premises neat, clean
and in respectable condition, free from any
ob3ectlonable matter or thing;
7. Unauthorized use of premises. Lessee may not use any of
the leased land or premises for the operation of a motel,
hotel, restaurant, private club or bar, apartment house,
or for industrial, commercial or retail purposes, except
as authorized herein;
8. Dwellings. It Is expressly understood and agreed that
no permanent dwelling or domicile may be built, moved to
or established on or within the leased premises nor may
the Lessee, ~ls tenants, lnvitees, or guests be permitted
to reside or remain as a resident on or within the leased
premises or other airport premises;
9. Quit. Possession. Lessee shall quit possession of all
premises leased herein at the end of the primary term of
this lease or any renewal or extension thereof, and
deliver up the premises to Lessor in as good condition
as existed when possession was taken Dy Lessee, reason-
able wear and tear excepted;
10. Hold Harmless. Lessee shall Indemnify and hold harmless
the Lessor from and against all loss and damages,
including death, personal injury, loss of property or
other damages, arising or resulting from the operation
of Lessee's business in and upon the leased premises; and
11. Chemicals. Lessee agrees to properly store, collect and
dispose of all chemicals and chemical residues; to
properly store, confine, collect and dispose of all
paint, including paint spray in the atmosphere, and
paint products; and to comply with all Local, State and
Federal regulations governing the storage, handling or
disposal of such chemicals and paints.
D. Signs
During the term of this Agreement, Lessee shall have the
right, at its own expense, to place in or on the lease Premises
LEASE AGREEMENT/CRAIG TIMS & JIM COURSEY/PAGE 8
s~gns ~dentlfying lessee. Sald s~gns shall be of a s~ze, shape
and deslgn, and at a location or locations, approved Dy the Lessor
and ~n conformance w~th any overall d~rect~onal graphics or s~gn
program establlshed Dy Lessor on the Airport. Lessor's approval
shall not be wlthheld unreasonably. Sald signs shall De main-
tained In good repair throughout the term of th~s agreement.
Notw~thstandlng any other provision of thls agreement, sald s~gns
shall remain the property of Lessee. Lessee shall remove, at ~ts
expense, all letterlng, signs and placards so erected on the pre-
mlses at the expiration of the term of th~s Agreement or extensions
thereof.
VI. COVENANTS BY LESSOR
Lessor hereby agrees as follows:
A. Peaceful Enjoyment
That on payment of rent, fees, and performance of the
covenants and agreements on the part of Lessee to be performed
hereunder, Lessee shall peaceably hold and en3oy the leased
premises and all rights and prlv~leges hereln granted;
B. ~om~l~ance
Lessor warrants and represents that ~n the establishment,
constructlon and operation of sa~d Denton Municipal A~rport, that
Lessor has heretofore and at this t~me ~s complying w~th all
ex~st~ng rules, regulations, and criteria d~str~buted by the
Federal Avlatlon Adm~nlstratlon, or any other governmental
authority relating to and including, but not llmlted to, no~se
abatement, air rights and easements over adjoining and contiguous
areas, over-flight in landing or takeoff, to the end that Lessee
wall not be legally laable for any actaon of trespass or sam~lar
cause of action by vartue of any aerial operations over ad]oanang
property an the course of normal taKe-off and landang procedures
from saad Denton Munac~pal A~rport; Lessor further warrants and
represents that at all tames during the term hereof, or any renewal
LEASE AGREEMENT/CBAIG TIMS & JIM COURSEY/PAGE 9
or extension of same, that it wlll continue to comply w~th the
foregoing.
VII. SPECIAL CONDITIONS
It ~s expressly understood and agreed by and between Lessor
and Lessee that th~s lease agreement is subject to the following
special terms and conditions:
A. Runways and Taxlwa~s
That because of the present s~xty thousand (60,000) pound
continuous use weight bearing capacity of the runway and taxlways
of the A~rport, Lessee here~n agrees to llm~t all aeronautlcal
activity including landing, take-off and taxiing, to aircraft
~av~ng an actual weight, ~nclud~ng the weight of ~ts fuel, of
sixty thousand (60,000) pounds or less, until such time that the
runway and designated taxlways on the Airport have been improved
to handle aircraft of such excessive weights. It ~s further
agreed that, based on qualxfled engineering studies, the welght
restrictions and provisions of thls clause may be adjusted, up or
down, and that the Lessee agrees to abide by any such changes or
revisions as such studies may dictate. "Aeronautical Activity"
referred to in this clause shall znclude that activity of the
Lessee or its agents or subcontractors, and ~ts customers and
lnvltees, but shall not include those activities over which it has
no sollcltory part or control, such as an unsollc~ted or
unscheduled or emergency landing. Negligent disregard of the
provisions of th~s section shall be sufficient to cause the
immediate termination of this entire Agreement and subject the
Lessee to be liable for any damages to the Airport that m~ght
result.
VIII. L~ASEHOLD IMPROVEMENTS
A. Required Improvements
As part of the consideration for the privilege here~n
granted, Lessee is required to and hereby agrees to construct or
LEASE AGREEMENT/CRAIG TIMS & JIM COURSEY/PAGE 10
otherwise make improvements to the premises, as specified herein,
but not limited to, the following:
1. One hangar of at least 8,000 square feet in size erected
on the premises and painted to conform with the require-
ments of the Lessor;
2. Related aircraft ramp and taxlways;
3. Related vehicle roadways (gravel).
Lessee shall provide Lessor with tentative plans for the
development of the entire premises herein leased together with a
tentative time table or schedule for sald development. Should
said development not occur within the specific time limits
mutually agreed upon by and between Lessor and Lessee, Lessor
shall have to option to cancel the Lease on all non-developed
portions of said lease after a thirty (30) day written notice to
Lessee to cure Such a default.
1. Plans. Lessee agrees that it shall within one hundred
e--f~y (180) calendar days from the date of tn~s
Agreement, submit to the Lessor, for approval, detailed
plans and specifications for the above listed initial
proposed leasehold improvements. Lessor agrees that it
shall either approve the plans and specifications as
submitted, or transmit proposed revisions to Lessee,
within forty-five (45) calendar days of receipt of the
plans and specifications from Lessee. In the event that
Lessor requires revisions of the original plans and
specifications, Lessee shall have forty-five (45)
calendar days from the date of receipt of the proposed
revisions to resubmit the plans and specifications for
Lessor's approval. Such approval shall not be withheld
unreasonably. Construction shall commence within one
hundred eighty (180) calendar days of Lessee's receipt
of Lessor's final approval of the plans and specifica-
tions, and shall be scheduled for completion not later
than three hundred sixty-five (365) days after commence-
ment of construction.
2. Additional Requirements: Before commencing the
construction of any improvements upon the premises,
Lessee shall submitz
a. Documentation, specifications, or design work, to be
approved by the Lessor, which shall establish that
the improvements to De built or constructed upon the
lease premises are in conformance with the overall
size, shape, color, quality and design, in appearance
and structure, of the program established by the
Lessor on the Airport;
b. Ail plans and specifications showing the location
upon the premises of the proposed construction; and
LEASE AGREEMENT/CRAIG TIMS & JIM COURSEY/PAGE 11
c. The estimated cost of such construction.
No construction may commence until Lessor, acting by and
through its City Councll, has approved the plans and specifications
and the location of the improvements, the estimated costs of such
construction, and the agreed estimated life of the building or
structure. Approval by the City Council shall not be unreasonably
withheld; should the Council fall to deny Lessee's plans and
specifications wlthln sixty days of submission thereof to the
Council, such plans and specifications shall be deemed approved.
Documentary evidence of the actual cost of construction of public
areas and/or facilities shall be delivered by Lessee to Lessor's
City Manager from t~me to time as such costs are paid Dy Lessee,
and Lessor's City Manager Is hereby authorized to endorse upon a
copy of this Lease, flled wlth the City Secretary of Lessor, such
actual amounts as he shall have found to have been paid by Lessee
and the findings of the City Manager when endorsed by him shall be
conclusive upon all parties for all purposes of this agreement.
B. Additional Construction or Improvements
Lessee is hereby authorized to construct upon the land
~ereln leased, at its own cost and expense, buildings, hangars,
and structures, that Lessor and Lessee mutually agree are
necessary for use in connection with the operations authorized by
this Lease, provided however, before commencing the construction
of any improvements upon the premises, Lessee shall submit plans
and specifications as specified in Article VIII Paragraph A
(Addltlonal Requirements).
C. Ownershl~ of Improvements
Ail buildings and improvements constructed upon the
premises by Lessee shall remain the property of Lessee unless said
property becomes the property of Lessor under the following
conditions, terms and provisions:
1. Removal of Buildings. No building or permanent flxture
may be removed from the premises;
LEASE AGREEMENT/CRAIG TIMS & JIM COURSEY/PAGE 12
2. Assumption. All buildings and improvements of whatever
nature remaining upon the leased premises at the end of
the primary term, or any extension thereof, of this
lease shall automatically become the property of Lessor
absolutely in fee w~tnout any cost to Lessor;
3. Bulldln~ Life. It is agreed that the life of the
building to be constructed by Lessee on the property
herein leased is twenty-five (25) years; and
4. Cancellation. Should this lease be cancelled for any
reason before the end of the twenty-five (25) year term,
it is especially understood and agreed that Lessor
reserves the right to purchase all buildings, structures
and improvements then existing upon the premises by
tendering to Lessee one twenty fifth (1/25) of the
undepreclated value of such building for each year
remaining on the agreed life of such building. The
undepreclated value of all improvements is to be
determined by having such improvements appraised by
three appraisers, one appointed Dy Lessor, one appointed
by Lessee and one appointed by the two appraisers.
IX. SUBROGATION OF MORTGAGEE
Any person, corporation or institution that lends money to
Lessee for construction of any hangar, structure, building or
improvement and retains a security interest in said hangar,
structure, building or improvement shall, upon default of Lessee's
obligations to said mortgagee, have the right to enter upon said
leased premises and operate or manage said hangar, structure,
building or improvement according to the terms of this Agreement,
for a period not to exceed the term of the mortgage with Lessee,
or until the loan is paid in full, whichever comes first, but in
no event longer than the term of this lease. It is expressly
understood and agreed that the right to the mortgagee referred to
here~n is limited and restricted to those improvements constructed
with funds borrowed from mortgagee.
X. RIGHT OF EASEMENT
Lessor shall have the right to establish easements, at no cost
to Lessee, upon the leased ground space for the purpose of
providing utility services to, from or across the airport property
or for the construction of public facilities on the Airport.
However, any such easements shall not interfere with Lessee's use
of the leased premises and Lessor shall restore the property to
LEASE AGREEMENT/CRAIG TIMS & JIM COURSEY/PAGE 13
its original condition upon the lnstallatlon of any utility
services on, ~n, over or under any such easement or the conclusion
of such construction.
XI. ASSIGNMENT OF LEASE
Lessee expressly covenants that ~t w~ll not assign th~s lease,
convey more t~an ten percent (10%) of the ~nterest ~n ~ts business,
tnrough tne sale of stock or otherwise, nor sublet the w~ole or
any part of the said premises for any purpose, except for rental
of hangar space or t~e down space, without the written consent of
Lessor. Lessor agrees that it will not unreasonably withhold ~ts
approval of the sale or sublease of the facilities for a~rport re-
lated purposes; provided however, that no such assignment, sub-
lease, transfer, l~cense, sale or otherwise shall be approved ~f
the rental, fees or payments, received or c~arged are ~n excess of
the rental or fees paid by Lessee to Lessor under the terms of th~s
lease, for such portion of the premises proposed to be assigned,
subleased, transferred, licensed, or otherwise. The provisions of
t~ls lease shall remain bxnd~ng upon t~e assignees, ~f any, of
Lessee.
XII. INSURANCE
A. Required Insurance
Lessee s~all maintain continuously ~n effect at all t~mes
during the term of this agreement, at Lessee's expense, the
following insurance coverages.
1. Comprehensive General L~ab~l~ty covering the leased
premises, t~e Lessee or ~ts company, its personnel and
Its operations on the airport;
2. Aircraft Liability to cover all flight operations of
Lessee;
3. Products llablllty coverage for completed products and
maintenance operations;
4. Liability coverage for errors and omissions on the part
of the Lessee or 1ts offlclals;
5. Fire and extended coverage for replacement value for all
facilities used by the Lessee either as a part of th~s
agreement or erected by t~e lessee subsequent to this
agreement;
LEASE AGREEMENT/CRAIG TIMS & JIM COURSEY/PAGE 14
6. L~abil~ty l~m~ts shall be at least $500,000 per person,
$1,000,000 per occurrence for personal ~n3ury and
$2,000,000 per occurrence for property damage;
7. All pollcies shall name the City of Denton as an
additional named ~nsured and provide for a m~nimum of
thirty (30) days written notice to the City prior to the
effective date of any cancellation or lapse of such
policies;
8. All policies must be approved by the Lessor; and
9. The Lessor shall be provided with a copy of all such
policies.
XIII. CANCELLATION BY LESSOR
In the event that Lessee shall file a voluntary petition in
bankruptcy or proceedings In bankruptcy shall be lnstltuted
against It and Lessee thereafter ~s ad3udlcated bankrupt pursuant
to such proceedings, or any court shall take ]urlsdlctlon of
Lessee and ~ts assets pursuant to proceedings broug~t under the
provisions of any Federal reorganization act, or Lessee shall be
divested of its estate ~ereln Dy other operation of law; or Lessee
shall fall to perform, keep and observe any of the terms,
covenants, or conditions herein contained, or on ~ts part to be
performed, the Lessor may give Lessee written notice to correct
such condition or cure such default and, ~f any condition or
default shall continue for thirty (30) days after the receipt of
such notice by Lessee, then Lessor may, termznate th~s lease by a
wrltten notice to Lessee. In the event of default, Lessor has the
right to purchase any or all structures on the leased premises
under the provzs~ons of Section VIII Paragraph C (Cancellation)
hereof.
XIV. CANCELLATION BY LESSEE
Lessee may cancel this Agreement, in whole or part, and
terminate all or any of its obllgat~ons hereunder at any tlme, by
thirty (30) days written notice, upon or after the happening of
any one of the following events: (1) issuance by any court of
competent ]ur~sdict~on of a permanent ln3unctlon ~n any way
preventing or restraining the use of said a~rport or any part
LEASE AGREEMENT/CRAIG TIMS & JIM COURSEY/PAGE 15
thereof for alrport purposes; (2) the breach Dy Lessor of any of
the covenants or agreements contained hereln and the fallure of
Lessor to remedy such breach for a period of nlnety (90) days
after receipt of a written not~ce of the existence of such
breach; (3) the ~nabll~ty of lessee to use said premlses and
facllltles contlnulng for a longer period than ninety (90) days
due to any law or any order, rule or regulation of any approprzate
governmental authority having jurisdiction over the operatlons of
Lessor or due to war, earthquake or other casualty; or (4) the
assumption or recapture by the United States Government or any
authorlzed agency thereof the maintenance and operation of sa~d
a~rport and fac~lltles or any substantlal part or parts thereof.
Upon the happenlng of any of the four events l~sted in the
preceding paragraph, such that the leased premises cannot be used
for avlat~on purposes, then Lessee may cancel th~s lease as
aforesaid, or may elect to continue th~s lease under ~ts terms
except however that the use of the leased premlses shall not be
llmlted to avlatlon purposes, their use being only limited by such
laws and ordinances as may be applicable at that time.
XV. MISCELLANEOUS PROVISIONS
A. Entire Agreement
Thls Agreement constltutes the entire understanding between
the parties and as of ~ts effective date supersedes all prior or
· ndependent Agreements between the partles covering the subject
matter hereof. Any change or modification hereof shall be ~n
writing signed by Doth part~es.
B. Bindln~ Effect
Ail the covenants, stlpulatlons and agreements hereln shall
extend to, b~nd and ~nure to the benefit of the legal
representatives, successors and assigns of the respective part~es
hereto.
LEASE AGREEMENT/CRAIG TIMS & JIM COURSEY/PAGE 16
C. Severablllt~
If a provision hereof shall be finally declared void or
illegal by any court or administrative agency having 3urlsdlctlon,
the entire Agreement shall not be void; but the remaining prov~-
sions s~all continue in effect as nearly as possible in accordance
with the original ~ntent of the parties.
D. Notice
Any notice given by one party to t~e other ~n connection
with this Agreement shall be in writing and shall be sent by
registered mall, return receipt requested, with postage and
registration fees prepaid~
1. If to Lessor, addressed to.
City Manager
C~ty of Denton
Denton, Texas 76201
2. If to Lessee, addressed to:
Mr. Craig Tlms Mr. J~m Coursey
37 MeadowDrook Lane 1414 woodcreek
Roanoke, Texas 76267 Flower Mound, Texas 75028
Notices shall he deemed to have Deen received on the date
of receipt as shown on the return receipt.
E. Headings
The headings used in this Agreement are ~ntended for
convenience of reference only and do not define or l~mlt the scope
or meanlng of any provision of thls Agreement.
F. Governing Law
This Agreement is to be construed in accordance with the
laws of the State of Texas.
IN WITNESS WHEREOF, the parties have executed th~s Agree-
ment as of the day and year first above written.
CITY OF DENTON, TEXAS, LESSOR
LEASE AGREEMENT/CRAIG TIMS & JIM COURSEY/PAGE 17
ATTEST:
CHARLOTTE'ALLEN, CITY SECRETARY
CITY OF DENTON~ TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
CRAIG TIMS JIM COURSEY
THE STATE OF TEXAS ~
COUNTY OF DENTON ~
Thls lnstrument was acknowledged before me on the day of
, 1985 Dy Cralg Tlms.
NOTARY PUBLIC, STATE OF TEXAS
My Commlss~on explres:
THE STATE OF TEXAS ~
COUNTY OF DENTON ~
This lnstrument was acknowledged Defore me on the day of
, 1985 by Jim Coursey.
NOTARY PUBLIC, STATE OF TEXAS
My Comm~ssxon expires:
LEASE AGReEMENT/CRAIG TIMS & JIM COURSEY/PAGE 18
LEASE AGREEMENT/CRAIG TIMS & JIM COURSEY
RESOLUTION
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT.
WHEREAS, the Denton Municipal Airport is in the process of
improving street and water facilities at said a~rport; and
WHEREAS, in order to meet the obligations of said improvements
~t is necessary to receive additional funding; NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS:
SECTION I.
That the project entitled "Airport Street and Water Llne
Improvement" is hereby approved for the Denton Airport.
SECTION II.
That the City Manager is authorized to transfer the sum of
Sixty Thousand Dollars ($60,000) from the Electric Department cash
assets of the Utility System Fund to the Denton A~rport fund as a
loan to be repaid to the utility Department Dy March 15, 1986,
w~th interest at the rate of eight (8) percent per annum.
PASSED AND APPROVED this the ]~day of~ 1985.
-
~C~A-RD 8. ~TEWAR~ ~YOR ~ ~
'CIT~OF DE~ON, TEXAS
ATTEST:
CHARLOTTE ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
RESOLUTION
WHEREAS, Sectlon 6.03 of the Charter of the Clty of Denton
authorlzes the C~ty Councll to appoint Assistant Clty Judges to
perform the duties and functions of the City Judge; and
WHEREAS, the City Council deems it necessary to appolnt an
Assistant C~ty Judge to handle the judicial functlons of the
Munlclpal Court in the absence of the City Judge, NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS
SECTION I.
That D KEITH ORSBURN ~s hereby appointed Assistant
Clty Judge of the Municipal Court of the City of Denton, Texas
pursuant to Section 6.03 of the Charter of the C~ty of Denton,
Texas.
SECTION II.
This Resolution shall become effectlve from and after its date
of passage.
PASSED AND APPROVED th~s the ~/~day of~,1985.
ATTEST.
CH~RhOTTE'ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
Next DoCument
0554L
R E S O Lu'r I 0 N
BE IT RESOLVED BY fHE CITY COUNCIL OF THh CITY OF DENTON, TEXAb
SECTION I.
The City Counczl of the City of Denton, £exas, hereby
nominates Raymond Pitts to be a member of the Board of Dzrectors
oi the County Wide Appraisal Dzstrict for the County of Denton,
Texas.
SECTION Il.
This Resolution shall become effectzve from and after its
date of passage.
/~I~IAJl~ 07 STEWART ,- MAY[YRs,'
McI Y oF D TON, T XAAS
ATTLST
CHARLOTTE 'ALLEN, CITY SECRETARY
CITY OF DEN£ON, TEXAS
APPROVED AS TO LEGAL FORM
DEBRAADAMI DRAYOVITCH, CITY ATTORNEY
CiTY OF DENTON, TEXAS
1215L
RESOLUTION
WHEREAS, on July 25, 1978 the City of Denton entered into a
contract with the State Department of Highways and Publzc
Transportatzon to procure right-of-way for the extension of
Highway Loop No. 288 from the present north terminus of U S.
Hzghway 380, north and west to Interstate Highway 35, and
WHEREAS, pursuant to such acquisition of right-of-way, Lone
Star Gas Company is required to relocate certazn pipelines and
facilities, and
WHEREAS, zn accordance with the contract between the City of
Denton and the State Department of Highways and Public
fransportation, the Czty will reimburse Lone Star Gas for the cost
of utilities relocation and the State will reimburse the City of
the eligible relocation costs paid by the City, and
WHEREAS, the rezmbursable cost of the utzlities relocation by
Lone Star Gas Company has been determzned to be in amount of
Twenty-three Thousand Four Hundred Eighty-eight and No/100 Dollars
($23,488.00) to be paid by the City with reimbursement to the City
by the State of the eligible relocatzon costs, and
WHEREAS, Lone Star Gas Company has requested that the City of
Denton, by resolution, authorize the payment of the utilities
relocation cost prior to the beginnzng of the relocation work,
NOW, THERe.FORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
DENTOL~
SECTION I.
That the City Manager is hereby authorized, in accordance with
the City of Denton's contract wzth the State Department of
Hzghways and Publzc Transportation, to make payment to Lone Sta~
Gas Company for its eligible cost zn relocating zts utilzty
facilities as a result of the acquisition of right-of-way for
Hzghway Loop 288, the estimated eligible costs thereof being zn
the amount of Twenty-three Thousand Four Hundred Eighty-eight and
No/lO0 Dollars ($23,488.00), and the actual cost to be submitted,
determined and pazd upon completion of the relocation work
SECTION II.
That this resolution shall become effectzve zmmediately upon
its passage and approval.
//CI'I~f OF I~NTON, TEXAS
ATTEST
CITY OF DENTON, TEX~S
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
1220L
RESOLUTION
WHEREAS, the City of Denton and certain businesses located in
Denton recognize the need for the improvement of the southbound
£rontage road of Interstate Highway 35-W from Airport Road south
to its terminus and to the intersection of Airport Road and the
frontage road to enlarge the turnln9 radii to allow for tractor
trailer turning movements as well as the need for an entrance ramp
from the frontage road onto southbound Interstate Highway 35-W,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
DENTON:
That the City Council of the City of Denton, Texas does hereby
petition the State Highway Commission to appropriate funds and
authorize the construction of the a~orementloned improvements;
AND FURTHER BE IT RESOLVED, that the City Secretary is hereby
directed to forward copies of this Resolution to the members of
the State Highway Commission.
PASSED AND APPROVED this the //~4 day of ~~__, 1985.
//RZR ARD O7 STEWART, MAYOR
~ CItY OF D~NTON, TEXAS
ATTEST
CHARLOTT~ A~LEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
NeXt D,oeument
CERTIFICATE FOR RESOLUTION APPROVING AN AGREEMENT BY
CITY OF DENTON INDUSTRIAL DEVELOPMENT AUTHORITY
TO ISSUE BONDS FOR SAFETY-KLEEN CORP
AND THE BOND RESOLUTION PROVIDING FOR
THE ISSUANCE OF SUCH BONDS
THE STATE OF TEXAS
CITY OF DENTON :
We, the undersigned officers of the City Council of
said City of Denton, hereby certify as follows.
1. The City Council of the City of Denton convened in
REGULAR MEETING ON THE 15TH DAY OF OCTOBER, 1985, at the
designated meeting place, and the roll was called of the
duly constituted officers and members of said City of
Denton, to-wit:
Richard O. Stewart, Mayor Mark Chew
Llnnle McAdams Charles Hopkins
Dr A. Ray Stephens Jim Rlddlesperger
Charlotte Allen, City Secretary Joe Alford
and all of said persons were present, except the following
absentees. ,
thus constituting a quorum. Whereupon, among other busi-
ness, the following was transacted at said Meeting. a
written
RESOLUTION APPROVING AN AGREEMENT BY
CITY OF DENTON INDUSTRIAL DEVELOPMENT AUTHORITY
TO ISSUE BONDS FOR SAFETY-KLEEN CORP.
AND THE BOND RESOLUTION PROVIDING FOR
THE ISSUANCE OF SUCH BONDS
was duly introduced for the consideration of said City
Council and read in full. It was then duly moved and
seconded that sald Resolution be adopted; and, after due
discussion, said motion, carrying with it the adoption of
said Resolution, prevailed and carried by the following
vote:
AYES' All members of said Clty Council shown
present above voted "Aye".
NOES. None.
ABSTENTIONS: None.
2. That a true, full, and correct copy of the afore-
said Resolution adopted at the Meeting described in the
above and foregoing paragraph is attached to and follows
this Certificate; that said Resolution has been duly record-
ed in said City Council's minutes of sa~d Meeting; that the
above and foregoing paragraph is a true, full, and correct
excerpt from said City Council's minutes of said Meeting
pertaining to the adoption of said Resolution, that the
persons named in the above and foregoing paragraph are the
duly chosen, qualified, and actlng officers and members of
said City Council as Indicated therein; and that each of the
officers and members of said Clty Councll was duly and
sufflclently notified officially and personally, ~n advance,
of the time, place, and purpose of the aforesaid Meeting,
and that said Resolution would be introduced and considered
for adoption at sald Meeting, and each of sa~d officers and
members consented, in advance, to the holding of said
Meeting for such purpose; and that said Meeting was open to
the public, and public notice of the time, place, and
purpose of sa~d Meeting was g~ven, all as required by
Vernon's Ann. Clv Stat. Article 6252-17.
SIGNED AND SEALED the 15th day of October, 1985
~l~'S~e~a~ - ~ - - ~ ~y~r - 7 - V ~
(SEAL)
2
RESOLUTION APPROVING AN AGREEMENT BY
CITY OF DENTON INDUSTRIAL DEVELOPMENT AUTHORITY
TO ISSUE BONDS FOR SAFETY-KLEEN CORP.
AND THE BOND RESOLUTION PROVIDING FOR
THE ISSUANCE OF SUCH BONDS
THE STATE OF TEXAS :
CITY OF DENTON
WHEREAS, Clty of Denton Industrial Development
Authority was created under the auspices of the City of
Denton, Texas; and
WHEREAS, it is deemed necessary and advisable that this
Resolution be adopted.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
DENTON, TEXAS THAT:
Section 1. The "Resolution Authorizing the Issuance of
City of Denton Industrial Development Authority Industrial
Development Revenue Bonds (Safety-Kleen Corp. Project)
Series 1985, and the Execution of a Trust Indenture and a
Loan Agreement", in substantially the form and substance
attached to this Resolution and made a part hereof for all
purposes, is hereby specifically approved, and the Trust
Indenture and Loan Agreement attached thereto are hereby
specifically approved, and Bonds ~n the principal amount of
$2,700,000 may be issued pursuant thereto for the purpose of
~paylng the cost of acquiring and constructing or causing to
be acquired or constructed the Project as defined and
described therein.
Section 2. The City hereby approves the issuance of
the aforesald Bonds In the aggregate principal amount of
$2,700,000 for Safety-Kleen Corp., and further approves the
Pro3ect as described in the aforesaid Loan Agreement, and
such approgals shall be solely for the purposes of Sectlon
103(k) of the Internal Revenue Code of 1954, as amended, and
the Clty shall have no llab~lltles for the payment of the
'Bonds nor shall any of its assets be pledged to the payment
of the Bonds.
Section 3. The City hereby assigns to the City of
Denton Industrial Development Authority ~ts allocable
portion of the state private activity bond volume with
respect to the reservation request to be filed for the Bonds
by the City of Denton Industrial Development Authorlty.
THE BOND RESOLUTION IS OMITTED AT THIS POINT AS IT APPEARS
UNDER ITEM 7.
NO.
A RESOLUTION BY THE CITY 00ONCIL OF THE CITY OF
DENTON, TEXAS, ~ELAT~N~ TO THE ISSUANCE OF ~K)NDS
BY THE NOKTH TEXAS HIGHER EDUCATION AUT~0RITY, INC.,
APPrOViNG THE ISSUANCE OF ONE OH N)RE SERIES OF BONDS;
AND F~KINC CERTAIN FINDINC$ IN ~ONNECTION THEREWITH
WHEREAS, there was established a non-profit corporation pursuant to
the Texas Non-Profit Corporation Act, for the purpose of furthering
educational opportunities of students by providing funds for the aequisition
of student loans; that such has been accomplished, the corporation being known
as the "North Texas Higher Education Authority, Inc." (the "Authority"), and
WHEREAS, the Authority has proceeded in the development of a plan of
doing business and has issued bonds for the aforesaid purposes, and provision
should be made for the refunding of such bonds or for the acquisition of the
portfolio of loans generated thereby, additional funds are needed to continue
the program and it is now appropriate for this governing body to approve the
issuanee of additional bonds for such purpose.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DENTON, TEXAS'
SECTION I That this governing body has been advised by the
Authority that such Corporation, upon approval thereof by the governing bodies
of the City of Denton, Texas, and the City of Arlington, Texas, proposes to
issue revenue bonds in order to provide funds fi) for the acquisition of
additional student loans in a prineipal amonat not to exceed $100,000,000, and
(ii) for the refunding of all or part of the bonds of the Authority
outstanding from time to time or for the purpose of acquiring the portfolio of
loans now held under the indentures, that such bonds would be initially issued
as one or more series of Bonds (collectively, the Bonds ) and that such Bonds
would be payable from and secured by a pledge of revenues derived from or by
reason of the ownership of student loan notes and investment income after
deduction of such expenses for operating the loan program as may be specified
by the bond resolution or trust indenture authorizing or securing such Bonds
and the payment thereof.
The Bonds are issued to obtain funds with which to purchase Student
Loan Notes which are guaranteed under the provisions of the Higher Education
Act of 1965, as amended, to establish eertaiu reserves and for the purpose of
paying certain expenses.
SECTION II That this governing body hereby approves the issuance
and delivery of such Bonds in one or more series for the purposes aforesaid,
and in this connection requests that the said Authority exercise the powers
enumerated and provided in Section 53.47 of the Texas Education Code, that
such non-profit corporation shall, in this connection, exercise such powers
for and on behalf of the City and the State of Texas, as contemplated by
Section 53.47(e) of the Texas Education Code.
SECTION III That the City does not agree to a~sume any
responsibility in connection with the administration of this student loan
program, it being understood this responsibility is being assumed by the
Authority.
-1-
SECTION IV That it is recognized by this governing body that the
instruments which authorize the issuance of Bonds by the Authority will
specifically state that this City is not obligated to pay the principal of or
interest on the Bonds proposed to ~ issued by the Authority. Nothing in this
resolution shall be construed as an indication by this City that it will pay
or provide for the payment of any obligations of the said Authority whether
heretofore or hereafter incurred, and in this connection, attention is called
to the Constitution of Texas wherein it is provided that a City may incur no
indebtedness without having made provision for its payment, and this City
Council hereby specific~ly refueee to set aside any present or future funds,
assets or money for the payment of any indebtedness or obligation of the
Authority.
SECTION V That the Mayor or Mayor Pro Tem is authorized and
directed to assist the Authority in the preparation and execution of a request
for an allocation of the state "cap" under Section 103(n) of the Internal
Revenue Code of 1954, as amended, and the assignment to the Authority of any
allocation made or to be made to this City in the calendar year in which a
series of bonds is delivered is hereby made and approved.
SECTION VI. That this Resolution shall be effective from and after
its passage and approval, and shall supercede the resolution heretofore
adopted April 23, 1985.
SECTION VII' That it is hereby offici~ly found and determined that
the meeting at which this resolution is passed is open to the public as
required by law and that public notice of the time, place and purpose of said
m~eting was given as required.
ATTEST'
APPROVED AS ~) FORM AND LEGALITY~
-2-
CERTIFICATE OF CITY SECRETARY
THE STATE OF TEXAS
COUNTY OF DENTON
I, the undersigned, City Secretary of the City of
Denton, Texas, DO HEREBY CERTIFY as follows'
1 That on the ~ day of ~, 1985,
dCity Council of the Clty of Denton, Texas, convened in
session at its regular meeting place in the City
City, the duly constituted members of the Council
being as follows
Richard O Stewart, Mayor
Mark R Chew,
Joe Alford, Councllmember
Char les Hopkins, ~r~
Llnnle McAdams, Councllmember
Jim Rlddlesperger, Councllmember
Ray Stephens, Councllmember
and all of said persons were present at said meeting, except
the following'
Among other business considered at said meeting, the attached
resolution entitled'
"A RESOLUTION by the City Council of the City of
Denton, Texas, relating to the issuance of bonds by
the North Texas Higher Education Authority, Inc ,
approving the issuance of one or more series of bonds,
and making certain findings ~n connection therewith"
was introduced and submitted to the Council for passage and
adoption. After presentation and,/dueL consideration of the
resolution, a motion was made by ~ that the reso-
lutl~D b~ finally passed and adopf~d' The motion was seconded
by~ and carried by the following vote
~ voted "For" voted "Against"
abstained
all as shown in the official Minutes of the Council for the
meeting held on the aforesaid date
-1-
lllSR
2 That the attached resolution is a true and
correct copy of the original on file in the offlclal records of
the City; the duly guallfled and acting members of the City
Council of said City on the date of the aforesaId meeting are
those persons shown above and, according to the records of my
office, each member of the Council was given actual notice of
the time, place and purpose of the meeting and had actual
notice that the matter would be considered; and that said
meeting, and deliberation of the aforesaid public business, was
open to the public and written notice of said meeting, includ-
ing the subject of the entitled resolution, was posted and
given in advance thereof in compliance w,th the provisions of
Article 6252-17, Section 3A, V A T C S
IN WITNESS WHEREOF, I have hereunto signed my
the seal of said City, this the ~_~__~
offlclall~ and affixed
day of ~, 1985
-2-
lllSR
1247L
RESOLUTION
WHEREAS, the City Council of the City of Denton, Texas has
heretofore determined the necessity for and ordered the
acquisition by the City of Denton of the hereinafter described
right, title and interest in the land hereinafter described, and
WHEREAS, the City of Denton has been unable to agree and
cannot agree with the owners upon the value of the hereafter
described right, title and interest in the hereinafter described
land situated in the City of Denton, Denton County, Texas, NOW,
THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON
SECTION I.
The City Council hereby finds and determines that it is
necessary to acquire the hereinafter described rights, title and
interest in the hereinafter described land, and that it is
necessary that it authorize proceeding in Eminent Domazn to
acquire the rights, title, and interest in the hereinafter
described property.
SECTION II.
The City Attorney of the City of Denton, Texas, is hereby
authorized and directed to bring condemnation proceeding to
obtain an all purpose utility easement in, over, and under the
following tract of land situated in Denton County, Texas
All that certain lot, tract or parcel of land lying and being
situated in the City and County of Denton, State of Texas, and
being part of the W. Bryan Survey, Abstract No. 148 and also
being part of a tract of land conveyed by deed recorded in
Volume 612, Page 430 of the Deed Records of Denton County,
Texas, and more particularly described as follows.
Part 1 - Permanent Easement:
Beginning at the northwest corner of said tract, said point
lying in the east boundary line of said W. Bryan Survey,
Thence south along the east boundary line of said tract, a
distance of 16 feet to a point for a corner,
Thence west, 16 feet south of and parallel to the north boundary
line of said tract, a distance of approximately 1973 feet to a
point for a corner in the west boundary line of said tract,
Thence north, along the west boundary line of said tract, a
distance of 16 feet to a point for a corner, same bezng the
northwest corner of said tract,
Thence east, along the north boundary line of said tract, a
distance of approximately 1973 feet to the place of beginning
and containing 0.73 acres of land, more or less.
Part 2 - Construction Easement.
In addition to the 16 foot permanent easement as described
above, an initial construction easement forth (40') feet in
width is to be furnished. This easement shall be adjacent and
parallel to the permanent easement and will lay on the south
side of said permanent easement. The construction easement to
be used for initial construction only,
for the purpose of constructing, reconstruction, and perpetually
maintaining an all purpos~ utility easement zn, on, and under
said property.
SECTION III.
This Resolution shall become effectzve from and after its
date of passage.
PASSED AND APPROVED this the ~ day of ~, 1985
ATTEST.
ALLEN, S C ARY
OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
PAGE 2
RE S OLUT I ON
WHEREAS, the D~rector of the Personnel/Employee Relations
Department for the C~ty of Denton has presented proposed policies
regarding employee rules and regulations for the Council's
consideration; and
WHEREAS, the C~ty Council desires to adopt such policies as
official policies regarding employment w~tn the C~ty;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
DENTON, TEXAS, THAT:
SECTION I.
The following policies, attached hereto and made a part
hereof, are hereby adopted as offlc~al policies of the City of
Denton, Texas~
Longevity Pay (Reference No. 106.07)
Tuition Reimbursement (Reference No. 107.09)
Personal Leave w~thout Pay (Reference No. 111.08)
SECTION II.
The foregoing policies are attached hereto and made a part
hereof and shall be f~led in the official records of the C~ty of
Denton w~th the C~ty Secretary.
SECTION III.
The Employee Rules and Regulations of 1976 adopted by
Resolution of the C~ty Council on February 1, 1977, are hereby
rescinded to the extent they conflict with the attached policies
and any administrative procedures and d~rectlves ~ssued under the
authority of the City Manager ~mplement~ng the policies hereby
adopted.
SECTION IV.
Th~s Resolution shall be effective from and after its date of
passage and approval.
PASSED AND APPROVED th~s the ~day of ~, 1985.
ATTEST:
~C~RLOTT~'AL~LEN, C~TY~BE~RE~RY
OF E TON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA AD~I D~YOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY: ~
CITY OF DENTON 1
I'OLIOY/ADMINIS?RA?IVB PRO~BDURU/ADMXNISTRA?i¥~ DIRECTIVE
REFERENCE
SECTION NUMBER
PEESONNSr-/E~IPr-OYEE RELATXON8 [06.07
EF;ECTIVE DATE
SUBJECT LONG~VTTY PAY
REPLACES
r~r~E LONGEVTTY PAY
POLZCY STATE#BNT:
Lonsevity pay is provided to eneourase retention of employees by recosntztas
the value of lens teem service with the City These pa~menta are for full-
time resular employees and are made accordins to the followins schedule
%. Non-Civil Service Employee8
A An employee must be employed on or before Hay 31et and be employed
the date the check is iBBued to receive lonsevity pay in that year
S Accrual is at the rate of $4.00 per month for each full month of
uninterrupted service (Example. 48 months service would result in
payment of $192 O0 )
C Payment is ~o be made tn a X~p 8~each year duein8 ~he ~n~h o~
Oecembee
O. hployees eequLced to tettee due ~o manda~oeg i~e and before
lonsevt~y checks ire issued will be entitled to t~e total lonsevtty
pay less $~.00 per ~n2h ~oc each month ~he employee re~Lred pr~oc
lonsev~ty checE dts2cibu2[ou
C~vtl Service ~ployees
A Elistbili2y co--aces after one year of service
8. Accrual ts at the ra~e o~ 8~ 00 per ~n~h for each consecutive year
of service a~ter the first year.
Paint t8 made on a monthly basis and is included on the regular
pl~chec~
02448
06/17/85
CITY OF DENTON FAo. I
REFERENCE
SE~ION NUMBER
Pe~O~g~g RE~TZON8 1~1.08
SUSJE~
~EP~CES
TIT~
PE~ON~ L~ ~THO~ PAY
~n special circumstances, supervisors may consider SraetinS absence to
employees ~or medical, euersency, lesaX, educational or any other lesitimote
purposo personal to the employee. A personal leave of absence is approved
time of~ wLthout pay. Employees requestins such leave may be obl~sated to
show that Scarifies such leave will no~ work au undue hardship on the
appropriato operatins department.
Primary coestderattoos for leave approval include vacation, sick, and
compensatory time accruals of the employee, and the lesttimacy of the request
Supervisors authortzin$ personal leaves o~ absence may be required to submit
an ezp~anatiou to the Departmen~ Director and/or the Personnel Department as
to why compensatory time, vacation time, or similar accrual wes not used by
the requesttns employee. The circumstances resulttnS in the leave
authorization may also be required in the explanatory report.
approval o~ personal leave protects the employee*s position with the City for
a specific period of time.
C&te$ories of personal leave are as follows'
o ~fsedi&te - one hOUr to two work days
o Short-term-more than two work days to five work days
o ~ - more thio ~ive work days bo leas than twenty work
days or thirty calender days (which ever ts less).
o Extended - mere than twenty work days or thirty calender days
(which ever is less)
[For purposes se deeinition, a work day ia eight hours esr most
emptoyees; ~or employees workieS twelve hour shi~t, a work d~y is
twelve hours.]
All persooa~ leave without pay must be documented on the appropriate ~orm
Any peraona~ ~eave without pay exceedtn$ ~lve work days wtl~ require the
approval o~ the department director and written notification to the Personnel/
Employee Eelations Department (t · , a completed absentee ~ocm and a status
cheese).
On requests fac ~---~4~&~ele&ve of abscess it is the supervisors
responsibility to explore the leSltlm&ey o~ the request upon the employee's
return to work to determine if the lears is to be ~uthorized. Approval o~
loon, shorh and extended leaves o~ absence will be baaed on the ouployee's
work load., needs o~ the deplrtmene, the desree ne advance notice stven peter
to the expeated start et the leave, the lesitimecy ne the request, and the
vic&lion, sick, end coupensitory time iccruals of the requectinS employee
All leaves loaner than thirty (30) calender days or twenty (20) work daY8 in
duration results ann,oval Crotn the Oeeartmeut Director and the City Kanaxer.
Vacation and sick leave eocruelc will cease when the lensth o~ time approved
aa leave ts mere than one-half of the scheduled work tine per month. Accruals
held by the employee prior to start of personal leave without pay will be
meintalned.
An employee returninS to work from a personal leave without pay extendiu$
thirty (30) calender days or twenty (20) work days or more will receive an
adjusted perfoeuance review date and edJusted lonsevtty date.
Hi,representation o~ the purpose for personal leave by the requestin$ employee
may result in cancellation of tho leave, disciplinary action, or termination
An employee failinS to return from personal leave on the specified date,
without notLfyinS the approvlns authority, and ceo.twinS approval for a leave
extension, will be subject to termination. A supervisor may rescind
termination if and when the employee provides reasonable, woitten explanation
0212a
07/03/85
CITY OF DENTON .Ao.
REFERENCE
SECTION ~0~/~O,E~ R~[.~,~ [ ON S NUMSER107
EFFECTIVE DATE
SUB~E~ ~0~ RBN~E[T8 ~D S~RV[CES 7/19184
The C[[y of Den[on will co~8[dec posy[dins bullion cetmbucsemen~ [o
eu[t-t.~ employees [o bco~den their knowledse of their cuccen~ post,ton ~nd
~o prep&ce loc posstb[e lss~p~ton of new ~ob responsibilities. ~p~oyee.
will be cons[dece~ on a ~[~s~ co~-~[r8~ served blain due ~o 1[m[~e~ fundtnS
An employee uu.~ be a resula~ full-~[~ employee an~ have completed a~
six ~n~hs settee wi~h ~he Ct~y pc[oc ~o appltca~ion appcoval
Techn~cl~, non-deseee, unde~sci~ul~e, oc po8~ Scldul~e descee s~udy pucsued
throusb any 8tits o~ Texu ~ccredited institution will be considered. Courses
without i de,cee pit~ on file must bo Justified, by the employee, as beinS job
related In ~ M~cand~ to tho Personne1/~ployee Relations Department Out
o~ state accredited de,cee plans will be considered only when not available
this area.
The ~xl~ tuition rei~urse~nt will be the -mount o~ tuition and flees paid,
excludinE deposits, parkin~ fees, teive~, books, 8uppiles, etc up to, but
exceedins, tuition sites per credit hour chac~ed by the nearest Eouc year
state supported collesiabe institution, less any o2hec combined ~mount o~
educational 8uppoet received from other sources
· etmbucsement i8 not authorized ~or sources a~ready covered by veteran sc
other educationai assist~nce.
Reimburse~t will be provided when a ~rade of "C" or above is achieved ~n
college unde~caduito courses, and a 'B" or above in colle8e sraduite courses
An employee who leaves City 8eevice less than two ye~r8 after completion of
the reimbursed course ~8t return the funds to the City upon te~lnation
0214a
07129/85
0554L
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
SECTION I.
The City Council of the City of Denton, Texas, hereby casts
all of its 556 votes for Raymond Pztts as a member of the Board
of Dzrectors of the County Wide Appraisal District for the
County of Denton, Texas.
SECTION II.
This Resolution shall become effectzve from and after its
date of passage
PASSED AND APPROVED this the X--lay of ~ 1985.
CITY OF D~NTON, %EXAAS
ATTEST
't~L~R£OTT~ALL~Z'N, CITY/SEUR~TA~YI
C T~ OF ~NTON, TE~S U
~PROVED AS TO LEG~ FO~
DE~ ~I D~YOVITCH~ CITY ATTORNEY
CITY OF DENTON~ TE~
1187L
RESOLUTION
WHEREAS, the City of Denton has leased land upon the Denton
Municipal A~rpor t to Jay D. Rogers and Bruce Brown, a Texas
partnershzp, by lease agreement dated Aprll 2, 1985; and
WHEREAS, Jay D. Rogers and Bruce Brown desire to construct two
80 x 75 foot and one 60 x 60 foot azrcraft storage hangars with
related of fzce space, taxzways, and roadways upon the leased
premzses; and
WHEREAS, the lease agreement provides that the plans and
speclflcatzons and the locatzon of the zmprovements, the estzmated
cost of such constructzon, and the agreed estzmated lzfe of such
structures be approved by the City Counczl of the C~ty of Denton
before constructzon may commence; and
WHEREAS, the plans and speczflcatzons, the location and the
estzmated cost and lzfe of such constructzon have been revzewed by
the appropriate offices of the Clty staff and the A~rport Advisory
Board and found to be zn compliance wzth applzcable Czty ordznances
and policzes; NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT:
SECTION I.
The plans and speczflcatzons for tne proposed constructzon of
three airport hangars and related offzce space, taxzways, and
roadways, attached hereto and zncorporated herein by reference, at
the locatzon shown thereon, are hereby approved.
SECTION II.
The estzmated cost of such constructzon of $174,918.50 and the
estzmated lzfe of the proposed structures of 25 years zs hereby
approved.
SECTION III.
Thzs Resolutzon shall be effecltve ~mmedzately upon zts passage
and approval.
PASSED AND APPROVED th~s the ~day of ~, 1985.
~{IC~A'RD O-.-~TEWAi~' MA~YOR~
~'CIT~ OF DE~TON, TEXAS
ATTEST:
L"H~RLOTT~/ KL~L'EN, CI~'Y S~CI~ETA~
ciT3 OF NTON, TEXAS
APPROVED AS TO LEGAL FORM=
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
1251L
RESOLUTION
WHEREAS, the City of Denton has leased land upon the Denton
Municipal Airport to Craig Tims and Jim Coursey, a Texas
partnership, by lease agreement dated September 3, 1985, and
WHEREAS, Craig Tims and Jim Coursey desire to construct a
taxiway, a 90 x 75 foot parking ramp, and level the site of
their proposed hangar upon the leased premises, and
WHEREAS, the lease agreement provides that the plans and
specifications and the location of the improvements, the
estimated cost of such construction, and the agreed estimated
life of such structures be approved by the Czty Council of the
City of Denton before construction may commence, and
WHEREAS, the plans and specifications, the location and the
estimated cost and life of such construction have been reviewed
by the appropriate offices of the City staff and the Azrport
Advisory Board and found to be in compliance with applicable
City ordinances and policies, NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT
SECTION I.
The plans and specifications for the proposed construction
of a taxiway and parking ramp and related dirt work for the
proposed hangar, attached hereto and incorporated herein by
reference, at the location shown thereon, are hereby approved.
SECTION II.
The estimated cost of such construction of $14,000.00 zs
hereby approved.
SECTION III.
This Resolution shall be effective immedzately upon its
passage and approval. ~ ~
PASSED AND APPROVED this the day of , 1985.
D O? STEWART, -MAYOR~
F D~NTON, TEXAS
ATTEST ·
C~IAgLOTT]~ AEL"EN, CITY SEC~ET~P~Y
C~ OF ~ENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRAADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
RESOLUTION
WHEREAS, the Director of the Personnel/Employee Relations
Department for the City of Denton has presented proposed policies
regarding employee rules and regulations for the Council's
consideration, and
WHEREAS, the City Council desires to adopt such policies as
official policies regarding employment with the City,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
DENTON, TEXAS, THAT.
SECTION I.
The following policies, attached hereto and made a part hereof,
are hereby adopted as an official policies of the City of Denton,
Texas.
Overtime (Reference No. 106.04)
Sick Leave (Reference No. 111.01)
SECTION II.
The foregoing policies are attached hereto and made a part
hereof and shall be filed in the official records with the City
Secretary.
SECTION III.
The Employee Rules and Regulations of 1976 adopted by
Resolution of the City Council on February 1, 1977, and the
Overtime Policy adopted July 16, 1985, are hereby rescinded to
the extent they conflict with the foregoing policies and any
administrative procedures and directives issued under the
authority of the City Manager implementing the policies hereby
adopted.
SECTION IV.
This Resolution shall be effective from and after its date
of passage and approval.
PASSED AND APPROVED this the /~ day of ~~,~ 1985.
~IC~RD 0-~ ST~WA~I~, ~AYOR
'CITY OF D~NTON, TEXAS
ATTEST:
CHARLOTTE ALLEN, CiTY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
DEBRAADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
CITY OF DENTON ,AGE OF
REFERENCE
SECTION NUMBER
PgRSO~EL/gt~PLOYgE RgLA.~[ON8 106
EFFECTIVE DATE
SUBJECT
WAG][ AND 8ALARY P~AN 11-05-85
REPLACES
TITLE
OVERTINg 07-16-85
POLfCY 8~RTENENT
The City of Denton requires employees to work overtime when necessary and as
requests4 by the supervisor Overtime is defined as authorized time worked
which exceeds ~0 hours per work week Overtime for Fire Civil 5ervioe
employees will be calculated based on the m~ximum number of hours for the
declaredlwork period Employees who work overtime without authorization ~rom
their iumediate supervisor will be subject to disciplinary action Overtime
on an~ JOb shall he allocated as evenly as possible amor~ all employees quali-
fied to 4o the Job 8upe~visors shall make every effort to schedule overt[~
as far ~n ~vance as possible Supervisors eh~ll be hal4 responsible for
ensur~ that overtime ia aeaisned only when absolutely necessar~
8o~ seasonal ~nd temporary poeLtEone ~ be el~stble flor overt~
The Personnel Director is responsible for ~intaini~ the exempt/non-exempt
status oT all Cit~ positions
02a8g
11/1~/85
CITY OF DENTON .AOE
REFERENCE
SECTION NUMBER
,PERSONN~/~P~OYgg RgLA~IONS lll O1
EFFECTIVE DATE
SUBJECT
LgAVg/ABSgNCE
REPLACES
TITLE
SiCK LEAVE 1975 Rules and
POLICY S~ATE~I~NT:
Sick leave is a benefit provided to cover illnesses of the employee or covered
dependents, but it is expected that the actual use o£ sick leave will normally be
less than the number of da~s which are provided per year Sick leave accruals
accumulate to provide the employee covers~e for severe or catastrophic illnesses
Although the City provides sick leave accrual at the rate of twelve days per
year, excessive absences on the part of the employee may signal a performance
problem to the supervisor Continued use of sick leave at higher than average
rates may create situations within a work group which hamper accomplishment of
the tasks A supervisor ma~V take remedial action by setting attendance goals or
enforciag the appropriate disciplinary action
The designated beneficiary of employees who die while in service of the City or
while on authorized military leave of absence shall be paid for all unused sick
leave not to exceed 90 working days Designated beneficiaries entitled to such
payment are dete~ained in the following sequence, T~RS, life insurance, and
estate Employees who leave the service of the City, except as provided for in
this paragraph, shall not be paid for unused accrued sick leave Civil Service
employees are an exception to this rule, please see Section V of this policy for
full details
018~a
11/1~/85
RESOLUTION
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES.
SECTION I.
The Mayor is hereby authorized to execute a letter of
agreement with Camille Milner the Municipal Judge relative to
the terms of her employment, a copy of which is attached hereto
and incorporated herein by reference.
SECTION II.
This Resolution shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this the /¢7~day of M~/~, 1985.
/XS~,f'..~' ~,~'~~/
~IC~ARD '0.~TEWARV, MAYOR ~
'CITYOF D~I~TON, TEXAS
ATTEST.
CHARLOTTE'ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRAADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
OITY of NTON, TLYAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 666-830f:i
Off/ce of the Mayor
November 19, 1985
Ms. Camille Milner
Municipal Court Judge
207 West Hickory, Suite 112
Denton, TX 76201
Re: Your Appointment of Municipal Judge
Dear Ms. Milner:
The City of Denton is delighted to have you on board as Municipal
Judge. With regard to your employment, the following are
conditions surrounding your employment with the City of Denton
1. Employment Date: Your employment date is August 23, 1985.
2. Salary: You will be paid $13.73 per hour and will be pazd for
hours worked within a twenty hour week.
3. Hour~ of Work: Within this twenty hour week, we will expect
that you will maintain office hours, conduct court on the
appropriate days plus take care of weekend arraignments. It is
our understanding that twenty hours a week should take care of
these responsibilities. The hours of work are dazly
arraignments as necessary, every Tuesday at 1 30 p.m. and 3 30
p.m. for court arraignments, trials every other Thursday at
9 00 a.m. and 10.30 a.m. and 2'00 p.m. and 3 30 p.m., and 3ury
trials as scheduled. Office hours are fz3m 9.00 a.m. to noon
every Wednesday and between arraignments ~d trial segtings on
Tuesdays and Thursdays. Please note t [at Assistant Judges
should perform hours of work when you are unavailable.
4. Excess Time Approval: If it becomes necessary for you to work
more than twenty hours, you will need to obtain the necessary
approval from me or the City Council. If you are unable to be
present, the alternate Judges are provided so that a Municipal
Judge is available at the necessary times.
5. Jail Arraignment Jail arraignments will be paid by the full
hour. If you are involved for fifteen mlnutes, we will pay you
for the entire hour for this time.
Ms. Camllle Milner
November 19, 1985
Page Two
6. Time Reporting: Your time sheet should be turned in by 10 00
A.M~ each Friday morning to the City Attorney's office who
will authorize them for payroll purposes. Any unusual hours
should be reported directly to me.
7. Performance Review: Your performance will be reviewed
annually each October. Any changes in pay will be discussed
with the Council at that time.
8. Benefits: Upon hire, you will be placed upon payroll so that
the' appropriate withholding and FICA taxes can be paid. The
City will also provide Workers' Compensation insurance for
you. There will be no other benefits paid.
9. Sep~ration From Employment. Pursuant to the City Charter, the
Municipal Judge serves at the pleasure of the City Council.
10. Appointment of Assistant City Judges Pursuant to the City
Cha~ter~ the City Council is authorized to appoint Assistant
City Judges to perform the duties and functions of the City
Judge in the absence of the City Judge. You shall be
responsible for coordinating and supervising the duties of the
Assistant Judges.
If you have any questions about the terms of this letter of
agreement, please do not hesitate to let me know. Please indicate
your acceptance by signing below.
Sincerely, ~ ~
//RiChard ~. Stewart
· Ma~or, airy of Denton
ROS js
xc: Personnel File
Debra Adami Drayovitch, City Attorney
I agree to accept the terms of employment set forth herein.
Camille Milner
Municipal Judge
cErTIFICATE FOR
RESOLUTI(~q EXERCISING OPTION TO ~EDE~ ~ TAX
SUPP(1W~'~u ~T,~GATIONS OF THE CITY OF D~"ON~ '£~AS
THE STATE OF TEXAS ~
COUNTY OF ~ :
CITY OF DENTON :
We, the underslg~d officers of saad Cmty, hereby certify as follows:
1.The Caty Council of said City convened zn
SPECIAL ~m~u'ING ON ~HE 26TH DAY OF NOVemBER, 1985,
at the Munacmpal Bualding (City Hall), and the roll was called of the duly
constituted officers and msmbers of sa~d City Council, to-wzt:
C~mrlotte Allen, City Secretary ~chard O. Stewart, Mayor
Mark Chew Larm~e MC2~,s
Charles Hopkins Dr. A. Pay Stephens
Jl~a R/~14!esperger Joe Alford
and all of sa~d persc~s were present, except the follcwzug absentees:
, thus constituting a quorum.
Whereul~on, among other business, the following was transacted at sazd Meetzng:
a wrztten
RESOLUTION EXEBCISING OPTION TO REDE~4 CERTAIN TAX
SUPPO~'~u OBLIGATIONS OF THE CITY OF DENTON, TEXAS
was duly antroduced for the cons~deration of sazd C~ty Council and duly read.
It was then duly moved and seconded that saad Besolut~c~ be adopted~ and,
after 4ue dascuss~on, sazd mormon, carrying w~th at the adoptaon of said
P~solu~zon, prevamled and carrmed by the follown~g vote.
AYES:All mmmbers of said City Council
shown present above voted "Aye".
2. That a true, full, and correct copy of the aforesamd Pasolutac~
adopted at the Meet_Lng described in the above and foregozug paragraph as
attached to and follows this Certif~cate~ that sa~d Pasolut~on has been duly
recorded ~n said City Cxamcil's minutes of said Mestzug~ that the above and
foregoing paragraph is a true, full, and correct excerpt frcm said City
Counczl's minutes of saad Meeting pert~ning the adopt~c~ of sa~d Resolut~on~
that the perso~ ~lanled 1~1 the abov~ ~ foregoing paragraph are the duly
chosen, qualified, and actang officers And mmmbere of sa~d City Council as
znchceted there~n~ And that each of the officers And members of sazd City
Councl1 was duly and suffm¢iently notafied off~caally And ~arscnally, ~n
advance, of the time, place, and puzpo~e of the aforesaid M~tzug, and that
sald Resolu=ion ~ be introduced And consldered for ~pt~on at saad
Meeting~ and t/lat said Meeting was c~en to the public, And public horace of
the time, place, And puzpoes of said mes=uug was given, all as requared by
Vernc~'s Ann. Tex. Civ. St. Arta¢le 6252-17.
3. That the Mayor oE said Caty has approved, And hereby approves, the
aforesaid Resolutac~ that the Mayor and the City Secretary of sa~d Czty have
duly signed saad Resolutnmn~ And that the Mayor And the City Secretazy of samd
C~ty hereby declare that their slgnzng of thas Certaf~cate shall cons~ztute
the s~gning of the attached and follc~ang copy of saad Pasolut~on for all
purposes.
SION~D AND SE~.wn the 26th day of Novenber, 1985.
Cit~ Secr~ta~
(SEAL)
RESOLUTION
EXERCISING OPTION TO REDEEM CERTAIN TAX SUPPORTED
OBLIGATIONS OF THE CITY OF DENTONr TEXAS
WHEREAS, certain tax supported obligations of the C~ty of
Denton (the "CIty") are presently outstanding and are subject
to redemption prior to scheduled maturities, at the option of
the City; and
WHEREAS, the City has determined to exercise ~ts option of
redemption as hereinafter provided.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DENTON, TEXAS:
1. That there Ks attached hereto and made a part hereof
for all purposes a list and description of certain tax
supported obligations of the City, and notice provisions
relating thereto, which obligations are hereby called for
redemption, and shall be redeemed, prior to their scheduled
maturities, on the dates, at the places, and at the prices,
respectively, set forth therein.
2. That the City shall cause the appropriate notices of
such redemption to be given in accordance with the requirements
of the respective proceedings authorizing the issuance of such
obligations.
3. That prior to January 1, 1986, due provision shall be
made by the C~ty In accordance w~th law for the payment of the
redemption prices of saxd obligations by the places of payment
(paying agents} for such obllgat~ons.
~/~ NOTICE OF REDEMPTION
THE CITY OF DENTON (TEXAS) CERTIFICATES OF OBLIGATION,
SERIES 1978, dated as of March 1, 1978, being coupon Certifi-
cates payable to bearer, in the denomination of $5,000 each,
agg.regatlng $75,000 in principal amount, scheduled to mature on
March 1 in each of the years 1986 through 1990 (and being all
of the outstanding Certificates of said Series), have been duly
~~' ~, called for redemption prior to their scheduled maturities, and
)3~ '~l'&~ will be redeemed on January 15, 1986, at the First State Bank
of Denton, Denton, Texas, for the principal amount thereof and
accrued interest thereon to said date fixed for redemption.
Prior to January 1, 1986, due provision will be made by the
City of Denton, Texas, in accordance with law for the payment
of the redemption price of said Certificates. Said Certifi-
cates shall not bear interest after January 15, 1986.
NOTICE OF REDEMPTION
THE CITY OF DENTON (TEXAS) CERTIFICATES OF OBLIGATION,
SERIES 1979-A, dated as of December 1, 1979, being coupon
Certificates payable to bearer, in the denomination of $5,000
each, aggregating $275,000 in principal amount, scheduled to
_~j~mature on June 1 in each of the years 1990 through 1997 (and
being all of the outstanding Certificates of said Series), have
been duly called for redemption prior to their scheduled
maturities, and will be redeemed on January 15, 1986, at the
Fir,st State Bank of Denton, Denton, Texas, for the principal
amount thereof and accrued interest thereon to said date fixed
for redemption. Prior to January 1, 1986, due provision will
be made by the City of Denton, Texas, in accordance with law
for the payment of the redemption price of said Certificates.
Said Certificates shall not bear interest after January 15,
1986.
NOTICE OF REDEMPTION
THE CITY OF DENTON (TEXAS) CERTIFICATES OF OBLIGATION,
SERIES 1980, dated as of April 15, 1980, being coupon Certifi-
cates payable to bearer, in the denomination of $5,000 each,
aggregating $250,000 in principal amount, scheduled to mature
on April 15 in each of the years 1986 through 1995 (and being
all of the outstanding Certificates of said Series), have been
\~~ duly called for redemption prior to their scheduled maturitIes,
and will be redeemed on January 15, 1986, at the First State
Bank of Denton, Denton, Texas, for the principal amount thereof
and accrued interest thereon to said date fixed for redemption.
Prior to January 1, 1986, due provision will be made by the
City of Denton, Texas, in accordance with law for the payment
of the redemption price of said Certificates. Said Certifi-
cates shall not bear interest after January 15, 1986.
NOTICE OF REDEMPTION
THE CITY OF DENTON (TEXAS) CERTIFICATES OF OBLIGATION,
SERIES 1984, dated as of January 15, 1984, being fully regis-
tered Certificates payable to the registered owners thereof, in
denominations in multiples of $5,000, aggregating $550,000 in
~~.~~)/~ principal amount, scheduled to mature on January 15, 1989 (and
being all of the outstanding Certificates of said Series), have~/
been duly called for redemption prior to their scheduled
maturity, and will be redeemed on January 15, 1986, at the
First State Bank of Denton, Denton, Texas, for the principal
amount thereof and accrued interest thereon to said date f~xed
for redemption. Prior to January 1, 1986, due provIsion w~ll
be made by the City of Denton, Texas, in accordance with law
for the payment of the redemption price of said Certificates.
Said Certificates shall not bear interest after January 15,
1986.
NOTICE OF REDEMPTION
THE CITY OF DENTON (TEXAS) CERTIFICATES OF OBLIGATION,
SERIES 1984-A, dated as of August 1, 1984, scheduled to mature
on August 1 of each of the years 1995 through 2004, being fully
registered Certificates payable to the registered owners
thereof, in denominations in multiples of $5,000, aggregating
$1,340~0_~Q~ in principal amount (and being all of the Certifi-
cates of said Series scheduled to mature on and after August 1,
1995), have been duly called for redemption prior to their
scheduled maturities, and will be redeemed on August 1, 1994,
at Texas American Bank/Fort Worth, N.A., Fort Worth, Texas, for
the principal amount thereof and accrued interest thereon to
said date fixed for redemption. Prior to January 1, 1986, due
provision will be made by the City of Denton, Texas, in accor-
dance with law for the payment of the redemption price of said
Certificates. Said Certificates shall not bear interest after
August 1, 1994.
NOTICE OF REDEMPTION
THE CITY OF DENTON (TEXAS) GENERAL OBLIGATION BONDS,
SERIES 1983, dated as of March 15, 1983, scheduled to mature on
March 15 in each of the years 1994 through 2003, being coupon
Bonds payable to bearer, in the denomination of $5,000 each, . /
aggregating $2,500,000 in principal amount (and being all of
the Bonds of said Series scheduled to mature on and after March ~/~
15, 1994), have been duly called for redemption prior to their
scheduled maturities and will be redeemed, on March 15, 1993,
at Texas American Bank/Fort Worth, N.A., Fort Worth, Texas, or,
at the option of the bearer, at First State Bank of Denton,
Denton, Texas, for the principal amount thereof and accrued
interest thereon to said date fixed for redemption. Prior to
January 1, 1986, due provision will be made by the City of
Denton, Texas, in accordance with law for the payment of the
redemption price of said Bonds. Said Bonds shall not bear
interest after March 15, 1993.
NOTICE OF REDEMPTION
THE CITY OF DENTON (TEXAS) GENERAL OBLIGATION BONDS,
SERIES 1985, dated as of July 1, 1985, scheduled to mature on
July 1 in each of the years 1996 through 2002, being fully
registered Bonds payable to the registered owners thereof, in
denominations in multiples of $5,000, aggregating $3,850,000 in
principal amount (and being all of the outstanding Bonds of
said Series scheduled to mature on July 1 of each of the years
1996 through 2002, both inclusive) have been duly called for
redemption prior to their scheduled maturities, and will be
redeemed, on July 1, 1995, at MBank Dallas, National Associa-
tion, Dallas, Texas, for the principal amount thereof and
accrued interest thereon to said date fixed for redemption.
Prior to January 1, 1986, due provIsion will be made by the
City of Denton, Texas, in accordance with law for the payment
of the redemption price of said Bonds. Said Bonds shall not
bear interest after July 1, 1995.
CF~IFICATE FOR
RESOLUTION AUTHORIZING THE EXECUTION OF AN ESC~0W ~T
~ATING TO THE ~EFU~DING OF CITY OF DENTON, TEXAS, TAX
SUPPOR~'~u OuLTc--ATIONS
THE STATE OF TEXAS :
COUNTY OF D~TON :
CITY OF D~TON
We, the undersigned officers of saId City, hereby certify as follow~'
1The City Counc/1 of said Clty convened ~n
SPECIAL ~TING ON THE 26TH DAY OF NOV~RR, 1985,
at the M~u~lclpal Bultdlng (C/ty Hall), and the roll was called of the duly
constltmted officers and members of said City Council, to-w~t:
Charlotte Allen, City Secretary Richard O. Stewart, Mayor
Mark Chew Linnle McAdams
Charles Hopkins Dr. A. Ray Stephens
Jun Blddlesperger Joe Alford
and all of said persons were present, except the following absentees:
~g0N~ . , thus constituting a quorum
Whereupon, a~ong other business, the following was transacted at said Meeting
a written
RESOLUTION AUTHORIZING THE E)~2UTION OF AN ESCROW AC~
RELATING TO THE REFUNDING OF CITY OF D~Vi~kN, TEXAS, TAX
SUPPOR£~u OBLIGATIONS
was duly introduced for the consideration of said City Council and duly read.
It was then duly moved and secoD~ed that said Resolution be adopted; and,
after due discussion, said motion, carrying w~th it the adoption of said
Resolutlon, prevailed and carried by the following vote.
AYES:Ail members of said C~ty Council
sh~n present above voted "Aye".
N(F~S. None.
2. That a true, full, and correct copy of the aforesaId Rasolutlon
adopted at the Meetlng descrk~ed in the above and foregoing paragraph is
attached to and follows this Certificate; that said Resolution has been duly
recorded in said City Council's minutes of said M~=et~ng; that the above and
foregoing paragraph is a true, full, and correct excerpt frc~ said C~ty
CouncIl's m=nutes of said Meeting pertaining the adoption of said Rasolutlon;
that the persons nan~d in tb~ above and foregoing paragraph are the duly
chosen, q~alifled, and acting officers and members of sa~d C~ty Council as
lndlca~ed there~n; and that each of the officers and members of said City
Council was duly and sufficiently notified officIally a~d persc~ally, in
advance, of the t_%z~e, place, and purpose of the aforesaid Meeting, and that
said Resolution would be i~troduced and consl~ed for adoptlon at sa~d
Meeting; and that sald Meeting was open to the publlc, and public notice of
the time, place, and purpose of said meeting was gIven, all as re~ed by
Vernon's Ann. Tex. Civ. St. Artlcle 6252-17.
3. That the Mayor of said City has approved, and hereby approves, the
aforesaid Rasolutlon; that the Mayor and the City Secretary of said City have
duly sig~ed said Resolution; and that the Mayor and the Clty Secretary of sald
Clty hereby declare that their slg~l~g of this Certificate shall constitute
the sl~nlng of the attached and following copy of said ~esolut~on for all
purposes.
SIGN~ AND SFA~RD the 26th day of November, 1985.
City Secret~fy-
(SEAL)
RESOLUTION
AUTHORIZING THE EXECUTION OF AN ESCROW AGREEMENT RE-
LATING TO THE REFUNDING OF CITY OF DENTON, TEXAS, TAX
SUPPORTED OBLIGATIONS
THE STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON :
WHEREAS, it ls necessary and advisable that the City of
Denton (the "City") enter into the escrow agreement hereinafter
authorized with InterFirst Bank Dallas, N.A., Dallas, Texas.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DENTON:
Section 1. That the Mayor and the City Secretary of the
City are authorized and directed, for and on behalf of the City
to sign, seal, and otherwise execute and deliver an escrow
agreement in substantially the form and substance attached to
this Resolution and made a part hereof for all purposes.
Section 2. That, upon its execution and delivery by the
parties thereto, said escrow agreement shall constitute a
binding and enforceable agreement of the City in accordance
with its terms and provisions.
ESCROW AGREEMENT
Caty of Denton Street Improvement Bonds, Seraes 1962 and 1974, ,
Caty of Denton General Obligation Bonds, Seraes 1963, 1966,
1967, 1968, 1969, 1970, 1976, 1977, 1979, 1983 and 1985, Caty
of Denton General Obllgataon Refunding Bonds, Series 1974, Caty
of Denton Certificates of Obligation, Series 1978, 1979,
1979-A~ 1980~1984~ and 1984-A
THIS ESCROW AGREEMENT, dated as of NOVEMBER 1, 1985
(herein, together wath any amendments or supplements hereto,
called the "Agreement") as entered into by and between the CITY
OF DENTON, TEXAS (herein called the "Issuer") and INTERFIRST
BANK DALLAS, N.A., DALLAS, TEXAS, as escrow agent (herein,
together with any successor in such capacity, called the
"Escrow Agent"). The addresses of the Issuer and the Escrow
Agent are shown on Exhibit "A" attached hereto and made a part
hereof.
W I TN E S SETH:
WHEREAS, the Issuer heretofore has issued or assumed, and
there presently remain outstanding, the legal obligations of
the Issuer descrabed in Exhibit "B" attached hereto (the
"Refunded Oblagatlons"); and
WHEREAS, the Refunded Obllgataons are scheduled to come
due in such years, bear anterest at such rates, and be payable
at such times and in such amounts as are set forth an Exhabat
"C" attached hereto and made a part hereof, and
WHEREAS, when farm banking arrangements have been made for
the payment of all principal and anterest of the Refunded
Obligations when due, then the Refunded Obllgataons shall no
longer be regarded as outstandang except for the purpose of
recelvang payment from the funds provided for such purpose, and
WHEREAS, Vernon's Ann. Tex. Civ. St. Artacle 717k, as
amended, authorazes the Issuer to issue refunding bonds and to
deposat the proceeds from the sale thereof, and any other
available funds or resources, directly with any place of
payment (paying agent) for any of the Refunded Obligations, and
such deposat, af made before such payment dates and in suffa-
c~ent amounts, shall constitute the makang of farm banking and
financial arrangements for the dascharge and final payment of
the Refunded Obligations; and
WHEREAS, Article 717k further authorizes the Issuer to
enter into an escrow agreement with any such paying agent for
any of the Refunded Obligataons with respect to the safe-
keeping, ~nvestment, administration and disposition of any such
deposit, upon such terms and conditions as the Issuer and such
paying agent may agree, provided that such deposits may be
invested only in darect obligations of the United States of
A~erlca, including obligations the principal of and interest on
which are unconditionally guaranteed by the United States of
America, and which may be in book entry form, and which shall
mature and/or bear interest payable at such times and an such
amounts as will be sufficient to provide for the scheduled
payment of principal and interest on the Refunded Obl~gataons
when due; and
WHEREAS, the Escrow Agent (formerly, the Farst National
Bank in Dallas, Dallas, Texas) as a place of payment (paying
agent) for some of the Refunded Obligations and this Agreement
constitutes an escrow agreement of the klnd authorlzed and
required by said Article 717k; and
1
WHEREAS, Article 717k makes it the duty of the Escrow
Agent to comply with the terms of this Agreement and timely
make available to the other places of payment (paying agents) ,
for the Refunded Obligations the amounts required to provide
for the payment of the principal of and interest on such
obligations when due, and in accordance with their terms, but
solely from the funds, in the manner, and to the extent pro-
vlded in this Agreement; and
WHEREAS, the issuance, sale, and delivery of City of
Denton General Obligation Refunding Bonds, Series 1985 (the
"Refunding Obligations") have been duly authorized to be
issued, sold, and delivered for the purpose of obtaining funds
required to provide for the payment of the principal of and
interest on the Refunded Obligations when due; and
WHEREAS, the Issuer desires that, concurrently with the
delivery of the Refunding Obligations to the purchasers there-
of, certain proceeds of the Refunding Obligations, together
with certain other available funds of the Issuer, shall be
applied to purchase certain direct obligations of the United
States of America hereinafter defined as the "Escrowed Securi-
ties'' for deposit to the credit of the Escrow Fund created
pursuant to the terms of this Agreement and to establish a
beginning cash balance (if needed) in such Escrow Fund; and
WHEREAS, the Escrowed Securities shall mature and the
interest thereon shall be payable at such times and in such
amounts so as to provide moneys which, together with cash
balances from time to time on deposit in the Escrow Fund, will
be sufficient to pay interest on the Refunded Obligations as it
accrues and becomes payable and the principal of the Refunded
Obligations as it becomes due and payable, and
WHEREAS, to facilitate the receipt and transfer of pro-
ceeds of the Escrowed Securities, particularly those in book
entry form, the Issuer desires to establish the Escrow Fund at
the principal corporate trust office of the Escrow Agent; and
WHEREAS, the Escrow Agent is a party to this Agreement to
acknowledge its acceptance of the terms and provisions hereof;
NOW, THEREFORE, in consideration of the mutual undertak-
ings, promises and agreements herein contained, the sufficiency
of which hereby are acknowledged, and to secure the full and
timely payment of principal of and the interest on the Refunded
Obligations, the Issuer and the Escrow Agent mutually under-
take, promise, and agree for themselves and their respective
representatives and successors, as follows'
ARTICLE I
DEFINITIONS AND INTERPRETATIONS
Section 1.01. Definitions. Unless the context clearly
indicates otherwise, the following terms shall have the mean-
lngs assigned to them below when they are used in this Agree-
ment:
"Code" means the Internal Revenue Code of 1954, as
amended, and the rules and regulations thereunder.
"Escrow Fund" means the fund created by this Agreement to
be administered by the Escrow Agent pursuant to the provisions
of this Agreement.
"Escrowed Securities" means the noncallable United States
Treasury obligations described in Exhibit "D" attached to this
2
Agreement, or cash or other direct obligations of the United
States of A~erlca substituted therefor pursuant to Section 4.03
of this Agreement. '
Section 1.02. Other Definitions. The terms "Agreement",
"Issuer", "Escrow Agent", "Refunded Obligations", "Refunding
Obllgatlons" and "Paying Agent", when they are used in this
Agreement, shall have the meanings assigned to them in the
preamble to this Agreement.
Section 1.03. Interpretations. The titles and headings
of the articles and sections of this Agreement have been
~nserted for convenience and reference only and are not to be
considered a part hereof and shall not in any way modify or
restrict the terms hereof. This Agreement and all of the terms
and provisions hereof shall be liberally construed to effect-
uate the purposes set forth herein and to achieve the intended
purpose of providing for the refunding of the Refunded Obliga-
tions in accordance with applicable law.
ARTICLE II
DEPOSIT OF FUNDS AND
ESCROWED SECURITIES
Deposits in the Escrow Fund. Concurrently
Section 2.~ delivery of the Refunding Obligations the
with the sale
Issuer shall deposit, or cause to be deposited, with the Escrow
Agent, for depoblt in the Escrow Fund, the cash and Escrowed
Securities described in Exhibit "D" attached hereto, and the
Escrow Agent shall, upon the receipt thereof, acknowledge such
receipt to the Issuer in writing.
ARTICLE III
CREATION AND OPERATION OF ESCROW FUND
Section 3.01. Escrow Fund. The Escrow Agent has created
on its books a special trust fund and irrevocable escrow to be
known as the City of Denton Street Improvement Bonds, Series
1962 and 1974, City of Denton General Obligation Bonds, Series
1963, 1966, 1967, 1968, 1969, 1970, 1976, 1977, 1979, 1983 and
1985, City of Denton General Obligation Refunding Bonds, Series
1974, City of Denton Certificates of Obligation, Series 1978,
1979, 1979-A, 1980, 1984, and 1984-A Escrow Fund (the "Escrow
Fund") The Escrow Agent hereby agrees that upon receipt
thereof it w~ll deposit to the credit of the Escrow Fund the
cash and the Escrowed Securities described in Exhibit "D"
attached hereto. Such deposit, all proceeds therefrom, and all
cash balances from time to t~me on deposit therein (a) shall be
the property of the Escrow Fund, (b) shall be applied only in
strict conformity with the terms and conditions of this Agree-
ment, and (c) are hereby irrevocably pledged to the payment of
the principal of and interest on the Refunded Obligations,
which payment shall be made by timely transfers of such amounts
at such times as are provided for ~n Section 3.02 hereof. When
the final transfers have been made for the payment of such
principal of and ~nterest on the Refunded Obligations, any
balance then remaining In the Escrow Fund shall be transferred
to the Issuer, and the Escrow Agent shall thereupon be d~s-
charged from any further duties hereunder.
Section 3.02. Payment of Principal and Interest. The
Escrow Agent is hereby irrevocably Instructed to transfer from
the cash balances from time to time on deposit in the Escrow
Fund, the amounts required to pay the principal of and interest
on the Refunded Obligations, when due, in the amounts and at
the times shown in Exhibit "C" attached hereto.
3
Section 3.03. Sufficlenc~ of Escrow Fund. The Issuer
represents that the successive receipts of the principal of and
interest on the Escrowed Securities will assure that the cash
balance on deposit from time to time in the Escrow Fund will be
at all times sufficient to provide cash for transfer to the
Paying Agent at the times and in the amounts required to pay
the interest on the Refunded Obligations as such interest comes
due and the principal of the Refunded Obligations as the
Refunded Obligations mature, all as more fully set forth in
Exhibit "E" attached hereto. If, for any reabon, at any time,
the cash balances on deposit or scheduled to be on deposit in
the Escrow Fund shall be insufficient to transfer the amounts
required by each place of payment (paying agent) for the
Refunded Obligations to make the payments set forth in Section
3.02 hereof, the Issuer shall timely deposit in the Escrow
Fund, from any funds that are lawfully available therefor,
additional funds In the amounts required to make such payments
Notice of any such insufficiency shall be given promptly as
hereinafter provided, but the Escrow Agent shall not in any
manner be responsible for any insufficiency of funds In the
Escrow Fund or the Issuer's failure to make additional deposits
thereto.
Section 3.04. Trust Fund. The Escrow Agent shall hold at
all times the Escrow Fund, the Escrowed Securities and all
other assets of the Escrow Fund, wholly segregated from all
other funds and securities on deposit with the Escrow Agent; it
shall never allow the Escrowed Securities or any other assets
of the Escrow Fund to be commingled with any other funds or
securities of the Escrow Agent, and it shall hold and dispose
of the assets of the Escrow Fund only as set forth herein. The
Escrowed Securities and other assets of the Escrow Fund shall
always be maintained by the Escrow Agent as trust funds for the
benefit of the owners of the Refunded Obligations; and a
special account thereof shall at all times be maintained on the
books of the Escrow Agent. The owners of the Refunded Obliga-
tions shall be entitled to the same preferred claim and first
lien upon the Escrowed Securities, the proceeds thereof, and
all other assets of the Escrow Fund to which they are entitled
as owners of the Refunded Obligations. The amounts received by
the Escrow Agent under this Agreement shall not be considered
as a banking deposit by the Issuer, and the Escrow Agent shall
have no right to title with respect thereto except as a con-
structlve trustee and Escrow Agent under the terms of this
Agreement. The amounts received by the Escrow Agent under this
Agreement shall not be subject to warrants, drafts or checks
drawn by the Issuer or, except to the extent expressly herein
provided, by the Paying Agent.
Section 3.05. Security for Cash Balances. Cash balances
from time to time on deposit in the Escrow Fund shall, to the
extent not insured by the Federal Deposit Insurance Corporation
or its successor, be continuously secured by a pledge of direct
obligations of, or obligations unconditionally guaranteed by,
the United States of America, having a market value at least
equal to such cash balances.
ARTICLE IV
LIMITATION ON INVESTMENTS
Section 4.01. Except for the initial Investment of the
proceeds of the Refunding Obligations in the Escrowed SecurI-
ties, and except as provided in Sections 4.02 and 4.03 hereof,
the Escrow Agent shall not have any power or duty to invest or
reinvest any money held hereunder, or to make substitutions of
the Escrowed Securities, or to sell, transfer, or otherwise
dlspose of the Escrowed Securities.
4
Section 4.02. Re~nvestment of Certain Cash Balances in
Escrow by Escrow A~ent. In addition to the Escrowed Securities
listed in Exhibit "D" hereto, the Escrow Agent shall reinvest
cash balances shown in Exhibit "F" attached hereto in zero (0)
interest rate United States Treasury Obligations - State and
Local Government Series to the extent such Obligations are
available from the Department of the Treasury. All such
relnvestments shall be made only from the port~on of cash
balances derived from the maturing principal of and interest on
Escrowed Securities that are Un~ted States Treasury Certifi-
cates of Indebtedness, Notes, or Bonds State and Local
Government Series Ail such relnvestments shall be acquired on
and shall mature on the dates shown on Exhibit "F" attached
hereto.
Section 4.03. Substitution for Escrowed Securities.
Concurrently with the sale and delivery of the Refunding
Obligations, but not thereafter, the Issuer, at its option, may
substitute cash or non-interest bearing d~rect obligations of
the United States Treasury (i.e., Treasury obligations which
mature and are payable in a stated amount on the maturity date
thereof, and for which there are no payments other than the
payment made on the maturity date) for non-interest bearing
Escrowed Securities, if any, listed in part III of Exhibit "D"
attached hereto, but only if such cash and/or substituted
non-interest bearing direct obligations of the Un,ted States
Treasury -
(a) are in an amount, and/or mature ~n an amount, which,
together with any cash substituted for such obliga-
tions, is equal to or greater than the amount
payable on the maturity date of the obllgatlon
listed in part III of Exhibit "D" for which such
obligation is substituted, and
(b) mature on or before the maturity date of the
obligation listed in part III of Exhibit "D" for
which such obligation is substituted.
If any such cash and/or obligations are so substituted for any
Escrowed Securities, the Issuer may, at any time thereafter,
substitute for such cash and/or obligations the same Escrowed
Securities for which such cash and/or obligations originally
were substituted.
Section 4.04. Allocation of Certain Escrowed Securities.
Except as provided in this Section 4 04, the maturing principal
of and interest on the Escrowed Securities may be applied to
the payment of any Refunded Obligations and no allocation or
segregation of the receipts of principal or interest from such
Escrowed Securities is required. The maturing principal of and
interest on the Escrowed Securities listed in Exhibit "G"
hereto shall be allocated and applied only to pay the Refunded
Obllgatlons listed on Exhibit "G" hereto.
Section 4.05. Arbltra~e. The Issuer hereby covenants
and agrees that it shall never request the Escrow Agent to
exercise any power hereunder or permit any part of the money ~n
the Escrow Fund or proceeds from the sale of Escrowed Securi-
ties to be used directly or indirectly to acquire any securi-
ties or obligations if the exercise of such power or the
acquisition of such securities or obligations would cause any
Refunding Obligations or Refunded Obligations to be an "arbi-
trage bond" within the mean%ng of Section 103(c) of the Code.
ARTICLE V
APPLICATION OF CASH BALANCES ,
Section 5.01. In General. Except as provided in Sections
3.02 and 4.02 hereof, no withdrawals, transfers, or re~nvest-
ment shall be made of cash balances ~n the Escrow Fund.
ARTICLE VI
RECORDS AND RE.PORTS
Section 6.01. Records. The Escrow Agent will keep books
of record and account~hlch complete and correct entr~es
shall be made of all transactions relating to the recelptS,
disbursements, allocations and application of the money and
Escrowed Securities deposited to the Escrow Fund and all
proceeds thereof, and such books shall be available for in-
spection at reasonable hours and under reasonable conditions by
the Issuer and the owners of the Refunded Obligations.
Section 6.02. Reports. While this Agreement remains 1n
effect, the Escrow Agent annually shall prepare and send to the
Issuer a written report summarizing all transactions relatlng
to the Escrow Fund during the preceding year, ~nclud~ng,
without lim~tatlon, credits to the Escrow Fund as a result of
~nterest payments on or maturities of the Escrowed Securities
and transfers from the Escrow Fund for payments on the Refunded
Obligations or otherwise, together w~th a detailed statement of
all Escrowed Securities and the cash balance on deposit ~n the
Escrow Fund as of the end of such perlod.
ARTICLE VII
CONCERNING THE PAYING AGENTS AND ESCROW AGENT
Section 7.01. Representations. The Escrow Agent hereby
represents that it has all necessary power and authority to
enter into this Agreement and undertake the obligations and
responsibilities imposed upon it herein, and that it will carry
out all of its obligations hereunder.
Section 7.02. Limitation on Liability. The liability of
the Escrow Agent to transfer funds for the payment of the
principal of and interest on the Refunded Obligations shall be
limited to the proceeds of the Escrowed Securities and the cash
balances from time to time on deposit in the Escrow Fund.
Notwithstanding any provision contained hereln to the contrary,
neither the Escrow Agent nor the Paying Agent shall have any
liability whatsoever for the ~nsufflclency of funds from time
to time in the Escrow Fund or any failure of the obligors of
the Escrowed Securities to make timely payment thereon, except
for the obligation to notify the Issuer promptly of any such
occurrence.
The recitals herein and in the proceedings authorlzlng the
Refunding Obligations shall be taken as the statements of the
Issuer and shall not be considered as made by, or imposing any
obligation or liability upon, the Escrow Agent. The Escrow
Agent is not a party to the proceedings authorizing the Refund-
lng Obligations or the Refunded Obligations and is not respon-
sible for nor bound by any of the provisions thereof (except as
a place of payment and paying agent and/or a Paying Agent/-
Registrar therefor) In Its capacity as Escrow Agent, ~t is
agreed that the Escrow Agent need look only to the terms and
provisions of this Agreement.
6
The Escrow Agent makes no representations as to the value,
conditions or sufficiency of the Escrow Fund, or any part
thereof, or as to the title of the Issuer thereto, or as to the ,
security afforded thereby or hereby, and the Escrow Agent shall
not incur any liability or responsibility in respect to any of
such matters.
It is the intention of the parties hereto that the Escrow
Agent shall never be required to use or advance its own funds
or otherwise incur personal financial liability in the perfor-
mance of any of its duties or the exercise of any of its rights
and powers hereunder.
The Escrow Agent shall not be liable for any action taken
or neglected to be taken by it in good faith in any exercise of
reasonable care and believed by it to be within the discretion
or power conferred upon it by this Agreement, nor shall the
Escrow Agent be responsible for the consequences of any error
of judgment; and the Escrow Agent shall not be answerable
except for its own action, neglect or default, nor for any loss
unless the same shall have been through Its negligence or want
of good faith.
Unless It is specifically otherwise provided herein, the
Escrow Agent has no duty to determine or Inquire into
the happening or occurrence of any event or contingency or the
performance or failure of performance of the Issuer with
respect to arrangements or contracts with others, with the
Escrow Agent's sole duty hereunder being to safeguard the
Escrow Fund, to dispose of and deliver the same in accordance
with this Agreement. If, however, the Escrow Agent is called
upon by the terms of this Agreement to determine the occurrence
of any event or contingency, the Escrow Agent shall be obli-
gated, in making such determination, only to exercise reason-
able care and diligence, and in event of error in making such
determination the Escrow Agent shall be liable only for Its own
misconduct or its negligence. In determining the occurrence of
any such event or contingency the Escrow Agent may request from
the Issuer or any other person such reasonable additional
evidence as the Escrow Agent in its discretion may deem neces-
sary to determine any fact relating to the occurrence of such
event or contingency, and in this connection may make l~qulrles
of, and consult with, among others, the Issuer at any time.
Section 7.03. Compensation. (a) Concurrently with the
sale and delivery of the Refunding Obligations, the Issuer
shall pay to the Escrow Agent, as a fee for performing the
services hereunder and for all expenses Incurred or to be
incurred by the Escrow Agent in the administration of this
Agreement, the sum of $16,000.00, the sufficiency of which is
hereby acknowledged by the Escrow Agent. In the event that the
Escrow Agent is requested to perform any extraordinary servlces
hereunder, the Issuer hereby agrees to pay reasonable fees to
the Escrow Agent for such extraordinary services and to re-
Imburse the Escrow Agent for all expenses incurred by the
Escrow Agent in performing such extraordinary services, and the
Escrow Agent hereby agrees to look only to the Issuer for the
payment of such fees and reimbursement of such expenses. The
Escrow Agent hereby agrees that in no event shall it ever
assert any claim or lien against the Escrow Fund for any fees
for its services, whether regular or extraordinary, as Escrow
Agent, or in any other capacity, or for reimbursement for any
of its expenses.
(b) In addition to the Escrow Agent, the following also
are places of payment (paying agents) for some of the Refunded
Obligations:
7
MBank Dallas, National Association, Dallas, Texas
(formerly the Mercantile National Bank at Dallas,
Dallas, Texas); '
Citibank, N.A., New York, New York;
Texas American Bank Fort Worth, N.A., Fort Worth, Texas,
and
First State Bank of Denton, Denton, Texas;
(collectively, the "Other Paying Agents"). Concurrently with
the sale and delivery of the Refunding Obligations the Issuer
shall pay to the Escrow Agent the sum of $63,318.05, the suffi-
ciency of which is hereby acknowledged by the Escrow Agent, for
all future paying agency services of the Escrow Agent and the
Other Paying Agents; and the Escrow Agent warrants that such
sum is sufficient for such purpose, and that it has confirmed
such sufficiency, and received approval of the arrangements
herein made, with the Other Paying Agents. The Escrow Agent
shall be obligated to make available to the Other Paying Agents
amounts from the Escrow Fund sufficient to pay when due the
principal of and Interest on any Refunded Obligations presented
to the Other Paying Agents for payment, and to pay all charges
of the Other Paying Agents for their paying agency services.
The Issuer further agrees, separately and independently
from the above amounts, to pay to MBank Dallas, N.A., Dallas,
Texas, and Texas American Bank Fort Worth, N.A., Fort Worth,
Texas (which are Paying Agent/Registrars, respectively, for the
Issuer's Series 1985 and Ser~es 1984-A obligations being
refunded) their respective fees and charges for performing the
registrar and transfer agent services only of such Paying
Agent/Registrars in accordance wlth the provisions of the
proceedings authorizing the issuance of said obligations,
respectively; and that for such services relating solely to
their functions as registrar and transfer agents for the
registration and transfer of said obligations, sa~d Paying
Agent/Registrars separately will be responsible for billing the
Issuer for their fees and expenses from t~me to t~me for
continuing to act solely as such registrar and transfer agents.
(c) Upon receipt of the aforesaid specific sums stated in
subsections (a) and (b) of th~s Section 7.03 for Escrow Agent
and paying agency fees, expenses, and services, the Escrow
Agent shall acknowledge such receipt to the Issuer in writing.
Section 7.04. Successor Escrow Agents. If at any time
the Escrow Agent or its legal successor or successors should
become unable, through operation or law or otherwise, to act as
escrow agent hereunder, or if its property and affairs shall be
taken under the control of any state or federal court or
administrative body because of insolvency or bankruptcy or for
any other reason, a vacancy shall forthwith exist in the office
of Escrow Agent hereunder. In such event the Issuer, by
appropriate action, promptly shall appoint an Escrow Agent to
fill such vacancy. If no successor Escrow Agent shall have
been appointed by the Issuer within 60 days, a successor may be
appolnted by the owners of a majority ~n principal amount of
the Refunded Obligations then outstanding by an instrument or
instruments ~n writing filed with the Issuer, signed by such
owners or by their duly authorized attorneys-In-fact. If, ~n a
proper case, no appointment of a successor Escrow Agent shall
be made pursuant to the foregoing provisions of this section
within three months after a vacancy shall have occurred, the
owner of any Refunded Obligation may apply to any court of
competent jurisdiction to appoint a successor Escrow Agent.
Such court may thereupon, after such notice, af any, as 1t may
deem proper, prescrabe and appoant a successor Escrow Agent
Any successor Escrow Agent shall be a corporataon organ-
azed and doing busanees under the laws of the Unated States or
the State of Texas, authorazed under such laws to exercase
corporate trust powers, having 1ts prancapal offace and place
of busaness an the State of Texas, havang a combaned capatal
and surplus of at least $5,000,000 and subject to the super-
vasaon or examanataon by Federal or State authoraty.
Any successor Escrow Agent shall execute, acknowledge and
delayer to the Issuer and the Escrow Agent an anstrument
acCeptang such appoantment hereunder, and the Escrow Agent
shall execute and deliver an anstrument transferring to such
successor Escrow Agent, subject to the terms of thas Agreement,
all the raghts, powers and trusts of the Escrow Agent here-
under. Upon the request of any such successor Escrow Agent,
the Issuer shall execute any and all anstruments an wratang for
more fully snd certainly vestang an and confarmlng to such
successor Escrow Agent all such raghts, powers and dutaes. The
Escrow Agent shall pay over to ars successor Escrow Agent a
proportional part of the Escrow Agent's fee hereunder.
ARTICLE VIII
MISCELLANEOUS
Sectaon 8.01. Notace. Any notace, authorazataon, re-
quest, or demand required or permitted to be gaven hereunder
shall be an wratang and shall be deemed to have been duly gaven
when maaled by regastered or certafaed maal, postage prepaad
addresaed to the Issuer or the Escrow Agent at the address
shown on Exhlbat "A" attached hereto. The United States Post
Offace regastered or certafaed maal receapt showang delavery of
the aforesaad shall be conclusave evadence of the date and fact
of delavery. Any party hereto may change the address to which
notlces are to be delivered by gavang to the other parties not
less than ten (10) days praor notace thereof.
Sectaon 8.02. Termanataon of Res~onsabalataes. Upon the
takang of all the actions as descrabed herean by the Escrow
Agent, the Escrow Agent shall have no further obligations or
responsabllataes hereunder to the Issuer, the owners of the
Refunded Oblagatlons or to any other person or persons an
connection with this Agreement.
Section 8.03. Bindang Agreement. Thas Agreement shall be
binding upon the Issuer and the Escrow Agent and thear respec-
rave successors and legal representatives, and shall anure
solely to the benefat of the owners of the Refunded Obliga-
tions, the Issuer, the Escrow Agent and thear respectave
successors and legal representatives.
Section 8.04. Severabillty. In case any one or more of
the provisions contained an thas Agreement shall for any reason
be held to be invalad, allegal or unenforceable an any respect,
such anvaladaty, allegalaty or unenforceabalaty shall not
affect any other provaslons of thas Agreement, but thas Agree-
ment shall be construed as af such anvalad or allegal or
unenforceable provasaon had never been contaaned herean
Sectaon 8.05. Texas Law Governs. Thas Agreement shall be
governed exclusively by the provisaons hereof and by the
applicable laws of the State of Texas.
9
Sectaon 8.06. Tame of the Essence. Tame shall be of the
essmnce in the performance of obligations from tame to tame
~mposed upon the Escrow Agent by th~s Agreement.
Section 8.07. Effective date of A~reement. Th~s Agree-
ment shall be effectave upon receapt by the Escrow Agent of the
funds descrabed an Exhibit "D" attached hereto and the Escrowed
Secur~taes, together with the speclf~c sums stated ~n subsec-
tions (a) and (b) of Sectaon 7.03 for Escrow Agent and paying
agency fees, expenses, and services.
EXECUTED am of the date f~rst written above
CITY OF DENTON, TEXAS
ATTEST.
(CITY SEAL)
INTERFIRST BANK DALLAS, N.A.,
DALLAS, TEXAS
By
Assistant V~ce President
ATTEST:
Assastant Cashier
(BANK SEAL)
10
1281L
RESOLUTION
WHEREAS, the term of office for Place 8 on the Board of
Directors of the North Texas Higher Education Authority, Inc.,
expired September 30, 1985, and
WHEREAS, on September 25, 1985, the Board of Directors of
the North Texas Higher Education Authority, Inc. created a Place
9 to said Board, NOW, THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, THAT
SECTION I.
Mr. Michael Grandey has been reappointed to Place 8 on the
Board of Directors of the North Texas Higher Education
Authority, Inc. for the October 1, 1985 through September 30,
1987 term.
SECTION II.
Mr. James Brock has been appointed to Place 9 on the Board
of Directors of the North Texas Higher Educatzon Authority, Inc.
for the October 1, 1985 through September 30, 1987 term, and
SECTION III.
This Resolution shall become effectzve from and after its
date of passage.
PASSED AND APPROVED this the 3rd day of December, 1985.
------~- !
/~IqHARD O~ STEWART, MAYO~Z
CITY OF ~ENTON, TEXAS
ATTEST;
~L-LEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
The Mayor is hereby authorized and directed to execute on
behalf of the City of Denton, Texas, a Pipe Line License
~reement dated October 4, 1985, between the City of Denton and
the Atchison, Topeka, & Santa Fe Railroad Company, relating to
the construction, reconstruction, use, maintenance, repair and
installation of one ten inch (10") in di~eter and one hundred
fifty feet (150') in length sanitary sewer line at Mile Post
105+4132.0° Denton County, Texas.
PASSED AND APPROVED this the ~day of ~//~, 1985.
~IO~ARD Of STEWA~RT, MAYO~
CITY OF ~NTON,TEXAS
ATTEST
CHARLOTTE ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRAADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:~
The Atehleon, Topeka and Santa Fe Railway Company
ASante Fe Industries Company
900 Polk Street, Amarillo, Texas 79171 · Telephone 806/376-5131
October 25, 1985
File. Ct 33298
City of Denton
215 East McKinney Street
Denton, Texas 76201
Gentlemen:
Reference as beang made to your recent request for a sewer lane
crossing at Mile Post 105 + 4132.0 feet at Denton, Texas.
We have no objections to this sewer lane crossing, and I am
enclosing duplicate or[ganals of a pape ilne iacense covering this
~nstallataon and st~pulatang a fee of $400.00. The license has been
executed on behalf of the Raalway Company and wall appreciate your further
handling for execution on behalf of City of Denton, Texas, wath return of
the copy stamped "Santa Fe Original" for completion of our records
After the lacense has been executed as indicated and in its
present form, it will be satisfactory to proceed with lnstaiiat[on of the
crossing with the understanding that anstallation w~ll be in accordance
wath provis~ons of the agreement and that you will furnish ~ts. Laura
~teredith, of Superintendent Martln's office, telephone number
(817)878-1421, three days' advance notace of date actual work on Railway
Company property wall commence.
Thank you for your cooperation anG [f there are any questions or
other info,matron desared pertaining to thas subject matter, you may
contact Mr B. R Darnell, telephone (806)~7~-3268
Yours truly,
O. P Valentzne
General Manager
Ct ~J298
PIPE LINE LICENSE
THIS LICENSE, Made this 4th day of October, 1985, between THE ATCHISON,
TOPEKA AND SANTA FE RAILWAY COMPANY, a Delaware corporation (hereinafter called
"Licensor"), party of the first part, and CITY OF DENTON, TEXAS, a Municipal
corporation, acting herein by its Mayor, hereunto duly authorized (hereinafter,
whether one or more called "Licensee"), party of the second part.
WlTNESSETH, That the parties hereto for the considerations hereinafter
expressed covenant and agree as follows:
1. Subject to the terms and conditions hereinafter set forth, Licensor
licenses Licensee to construct and maintain one (1) pipe line, one hundreO fifty
(i50.0) feet in length, and (10) inches in diameter (hereinafter, whether one or
more pipe lines, called the "PIPE LINE"), across or along the right of way of
Licensor at or near the station of Denton, Oenton County, Texas, the exact
location of the PIPE LINE being more particularly shown by bOld line upon the
print hereto attached, No. 1-04604, dated October 1, 1985, marked "Exhibit A" and
made a part hereof.
2. Licensee shall use the PIPE LINE solely for carrying sewage anO snail
not use it to carry any other commodity or for any other purpose whatsoever.
3. Licensee shall pay Licensor as compensation for this license the sum of
Four Hundred and No/lOOths Dollars ($400.00).
4. Licensee shall, at ~ts own cost and suOjec~ to the supervision and
control of Licensor's chief engineer, locate, construct and maintain the PIPE
LINE in such a manner and of such material that it w~ll not at any t~me be a
source of danger to or interference with the present or future tracks, roadbed
and property of Licensor, or the safe operation of sts raslroad. In cases where
the L~censee is permitted under paragraph 2 hereof to use the PIPE LINE for o~1~
§as~ petroleum products~ or other flammable or highly volatile substances under
~ the PIPE LINE shall be constructed, installed and thereafter maintained
in conformity with the plans and spec[ficatzons shown on print hereto attacneO ~n
such cases, marked Exhibit 8 and made a part nereof If at any time Licensee
shall, in the judgment of Licensor, fall to perform properly ~ts Obligations
under this paragraph, Licensor may, at its option, ~tseif perform such work as zt
deems necessary for the safe operation of its raziroaO, and ~n such event
Licensee agrees to pay, within fifteen (15) days after olll shall have been
rendered therefor, the cost so incurred by Licensor, out failure on she part of
Licensor to perform the oOligations of Licensee shall not release Licensee from
liability hereunder for loss or damage occasioned thereby.
5. Licensee shall reimburse Licensor for any expense incurred by Licensor
for false work to support Licensor's tracks and for flagman to protect its
traffic during installation of the PIPE LINE and for any and all other expanse
~ncurred by Licensor on account of the PIPE LINE.
6. Licensee shall at all times indemnify and save harmless Licensor against
and pay in full all loss, damage or expense tnat Licensor may sustain, incur or
become liable for, resulting in any manner frum the construction, maintenance,
use, state or repair, or presence of the PIPE LINE, including any such loss
damage Or expense arising out of (a) loss of or damage to property, (b) injury to
or death of persons, (c) mechanics' or other liens of any character, or (d) taxes
or assessments of any kind.
7. Notwithstanding any other provisions of this License, Licensee shall
comply with all statutes, ordinances, rules, regulations, orders and decisions
(hereinafter referred to as "Standards"), issued by any federal, state or local
governmental body or agency established thereby (hereinafter referred to as
"Authority"), relating to Licensee's use of Licensor's property hereunder In
its use of the premises, Licensee shall at all times be in full compliance with
all standards, present or future, set by any authority, including, but not
limited to, Standards concerning air quality, water quality, noise, hazardous
substances and hazardous waste. In the event Licensee fails to be in full
compliance with Standards set by any Authority, Licensor may, after giving
reasonable notice of the failure to Licensee, and Licensee, within thirty (30)
days of such notice, fails either to correct such noncompliance or to gzve
written notice to the Licensor of its intent to contest the allegation of
noncompliance before the Authority establtshin9 the Standard or in any other
proper forum, take whatever action is necessary to protect the premises and
Licensor's railroad and other adjacent property. Licensee shall reimburse the
L~censor for all costs (including, but not limited to, consulting, engineering,
cleanup and disposal costs, and legsl costs) incurred by the Licensor in
complying with such Standards, and also such costs incurred by the Licensor in
abating a violation of such Standards, protecting against a threatened violation
of such Standards, defending any claim of violation of such Standards in any
proceeding before any Authority or court, and paying any fines or penaltzes
imposed for such violations. Licensee shall assume l~ability for and shall save
and hold harmless the Licensor from any claim of a violatzon of such Standards
regardless of the nature thereof or the Authority or person asserting such claim,
which results from Grantee's use of Licensor's premises, whether such claim
arises in whole or in part from the negligence or alleged negligence of the
L~censor or otherwise Licensee, at its costs, shall assume the defense of all
such claims regardless of whether they are asserted against Licensee or Licensor
Upon written notice from Licensor, Lzcensee agrees to assume the defense of
any lawsuit, administrative action or other proceeding brought against Licensor
by any public body, individual, partnership, corporation, or other legal entity,
relating to any matter covered by this License for which Licensee has an
obligation to assume liability for and/or to save and hold harmless the
Licensor. Licensee shall pay all the costs incident to such defense, including,
but not limited to, attorneys' fees, investigators' fees, litigat~on expense,
settlement payments, and amounts paid in satisfaction of judgment. Any and all
lawsuits or administrative actions brought or threatened on any theory of relzef
available at law, in equity or under the rules of that administrative agency
shall be, covered by th~s Section, including, but not l~mited to, the theories of
intentional misconduct, negligence, breach of statute or ordinance, or upon any
theory created by statute or ordinance, state or federal
8 THIS LICENSE is given by Licensor and accepted by Licensee upon the
express condition that the same may be terminated at any time by either party
upon ten (10) days' notice in writing to be served upon the other party, stating
-2-
therein the date that such termination shall take place, and that upon the
termination of this license in this or any other manner herein provided,
Licensee, upon demand of Licensor, shall abandon the use of the PIPE LINE and
remove the same and restore the right of way and tracks of Licensor to the same
condition in which they were prior to the placing of the PIRE LINE thereunder
In case Licensee shall fall to restore Licensor's premises as aforesaid within
ten (lC) days after the effective date of termination, Licensor may proceed with
such work at the expense of Licensee. No ter~,inatton hereof shall release
Licensee from any liability or obligation hereunder, whether of indemnity or
otherwise, resulting from any acts, omissions or events happening prior to the
date the PIPE LINE is removed and the right of way and track of Licensor restored
as above provided.
9. In the case of the eviction of Licensee by anyone owning or obtaining
title to the premises on which the PIPE LINE iS located, or the sale or
abandonment by Licensor of said premises, Licensor shall not be liable to
Licensee for any damage of any nature whatsoever or to refund any payment made by
Licensee to Licensor hereunder, except the proportionate part of any recurring
rental charge which may have been paid hereunder in advance.
lC. Any notice hereunder to be given by Licensor to Licensee shall be deemed
to be properly served if it be deposited in the United States ,ail, postage
prepaid, addressed to Licensee at 215 East ~cKinney Street, Denton, Texas 76201.
Any notice to be given hereunder by Licensee to Licensor shall be deemed to be
properly served if the same be deposited in the United States Mail, postage
prepaid, addressed to Licensor's Division Superintendent at 204 Santa Fe
Building, 14th & Jones Streets, Fort Worth, Texas 76102.
11. In the event that two or more parties execute this instrument as
Licensee, all the covenants and agreements of ticensee in this license shall be
the joint and several covenants and agreements of such parties.
12. Ail the covenants and provisions of this instrument shall be binding
upon and inure to the benefits of the successors, legal representatives and
assigns of the parties to the same extent and effect as the same are binding upon
and inure to the benefit of the parties hereto, but no assignment hereof by
Licensee, its successors, legal representative or asszgns, or any subsequent
assignee, shall be binding upon Licensor without the written consent of Lzcensor
in each instance.
IN WITNESS WHEREOF, The parties have executed th~s agreement in duplicate the
day and year first above written.
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY CO,ANY, (Lzcensor)
Y~. ";.X/ ~ - Its M~age~- Real Estate and Contracts
' General Attorney
(Licensee)
~862u/lg
EXHIBIT 'A"
ATTACHED TO CONTRACT BETWEEN
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
AND
SCALE 1 IN. TO /~ FT. CHIEF ENGINEER
~O~[RN DIV DESCRIPTION APPROVED
~ALLA$ DIST
DATE ~ro~ /,
DESCRIPTION OF P~ELINE
PP~ ~WN
CARR~R CA~ CARR~R CA~
P~ P~ P~
· Z~ /~ ' /8 LENGTH ON R/W ~
CONTENTS: ~ WORK~6 ~SS~
W~L ~ $50 5/3 ~Y' RO~WAY ~T~S
~A~ CAT~ ~O~C~
NOTE CA~ TO ~ dA~ ~
AT DE~TON, DE~TOH ~ a~ ~y.
COUNT,~ TE~3 C E DRAWING NO 1 - ~0~
DIV DWG NO ~ OIV FILE NO ~'~ GM FILE NO ~OE FILE NO
RESOLUTION
WHEREAS, the City Attorney of the City of Denton is
appointed to office by the City Council and serves at the
pleasure of the City Council under the terms and provisions of
Article VI of the Charter of the City of Denton, Texas, and
WHEREAS, on February 5, 1985 the City Council of the City of
Denton appointed Debra Adami Drayovitch, City Attorney of the
City of Denton, Texas, and
WHEREAS, the Council wishes to renew the appointment of said
City Attorney, NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON
SECTION I.
The City Council of the Cmty of Denton hereby engages the
employment services of Debts Adami Drayovitch as City Attorney
of the City of Denton, Texas, to perform the functions and
duties specified in the City Charter, the City Code, and the
laws of the State of Texas, and to perform such other legally
permissible and proper duties and functmons as the City Council
shall from time to time assign.
SECTION II.
The City Council agrees to pay Debra Adami Drayovitch for
her services an annual base salary of $51,800.00 payable in
installments at the same time as other employees of the City are
paid and $100.00 per month car allowance.
SECTION III.
An annual performance review will be conducted by the City
Council during the month of October of each year, and the City
Councml agrees to increase said base salary, fringe or other
benefits in such amounts and to such an extent as the City
Council may determine that it ms desirable to do so on the basis
of the annual performance review made at the same time as
similar consideration is given to other employees of the City.
SECTION IV.
It is recognized that the City Attorney has to devote a
great deal of her time outside normal office hours to business
of the City, and to that end, the City Attorney will be allowed
to take compensatory time off as she shall deem appropriate
during said normal office hours, provzded, however, the City
Attorney shall devote her entire time to the performance of the
duties and shall not spend more than ten (10) hours per week in
teaching, consulting, or other non-City connected business
without the prior approval of the City Council.
The City Council hereby agrees to budget and pay the travel
and subsistence expenses of the City Attorney for professional
and official development and to adequately pursue necessary
offzcial and other functions for the City, including but not
limited to the Annual Conferences of the Municipal Law Officers,
City Attorney's Association, the Legal Conference of the
American Public Power Association, and such other national,
regional, state or local governmental groups and committees
thereof which the City Attorney serves as a member.
The City Council also agrees to budget into pay for the
travel and subsistence expenses of the City Attorney for short
courses, institutes and seminars that are necessary for her
professional development and for the good of the City of Denton.
The City Council agrees to budget and pay the professional
dues and subscriptions of the City Attorney necessary for her
contznuation and full participation, including the holding of
responsible offices in national, regional, state and local
assoczations and organizations necessary and deszrable for her
continued professional participation, growth and advancement,
and for the good of the City of Denton.
PAGE 2
SECTION V.
Before voluntarily resigning her position, Debra Adami
Drayovitch, agrees to give the City Council at least thirty (30)
days notice in writing of her intention to resign, statzng the
reasons therefor.
In the event of her involuntary separation as Czty Attorney,
she shall be entitled to receive a lump sum payment equal to
sixty (60) days aggregate salary, provided, however, that in the
event of her termination because of her conviction for any
offense involving moral turpitude or any illegal act involving
personal gain to him, then, in that event, the City shall have
no obligation to pay the aggregate severance sum designated
herein.
Involuntary separation as used in this paragraph means her
discharge or dismissal by the City Council or her resignation
following a reduction in salary or other fmnancial benefits of
the City Attorney in a greater percentage than an applicable
across-the-board reduction for all City employees or in the
event the City refuses following a written notice to comply with
any other provisions benefiting the City Attorney herein or the
City Attorney resigns, following a suggestion, whether formal or
informal, by the City Council that she resign, then, in that
event, the City Attorney may at her option be deemed to be
"terminated" at the date of such reduction or such refusal to
comply within the meaning and context of the herein severance
pay provision.
SECTION VI.
Ail provisions of the City Charter, City Code, and Rules and
Regulations of the City adopted by the City Council relating to
vacation and sick leave, retirement and pension system
contributions, holidays and other fringe benefits and working
PAGE 3
conditions as they now exist or hereafter may be amended, shall
apply to the City Attorney as they would to other employees of
the City, in addztton to said b~neftts enumerated specifzcally
for the benefit of the City Attorney, except as herein
provided. The City Attorney shall be entitled to receive the
same vacation and sick leave benefits as are accorded other
department heads, including proviszons governing accrual and
payment therefor on termination of employment.
SECTION VII.
This agreement shall be effectzve for a period of one year
from October 1, 1985.
PASSED AND APPROVED this the ~[day of December, 1985
ATTEST.
CP~RL~TTE ALLEN-, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM.
DEBRAADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
PAGE 4
RESOLUTION
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT
SECTION I.
The budget ad3ustments, as indicated on Exhibit A, attached
hereto and included by reference herein, for the fiscal year
1984-85 are hereby, in all things, approved and ratzfied.
PASSED AND APPROVED this the /qT~day of^'~985.
CITY OF DF~TON, TEXAS
ATTEST.
CHARLOTTE ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM.
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
FY 84 t'J'J I'~UDOL 1 ADJUb~[ D
DEPARTMkN] / I.)IViSION Bi)I)i3b I AL)JI;SIMPN[ BUDG~
KE VUNU~ ~
IJ[1LIIY SYSILM - LLECqRIC 66~Tb/,bgt 2~442~68
IIIIL17Y 8YS]~.M WArLR/WW 9~69 ~5~9 961~/92
SANi ~ Al I(}N FUND t ~97o~667 /6~/~1
WORKING CAP1 [AL ~ IJND 616~ Jl ~ 2,892,92 ~
bLNERAL PROJLCIS FUND 512,5H0 7b 5L'~6bb
~tLVENUE briAR[NS PUND b29~1 '1 ( 12/,429)
HF. NLRAL DEB[ SEKVICE FIJND 2,L,o'~)6 ~'68~ ,70
lO]AL R~ V~NU?S 1U0~.15~4%1 ;, ,~,)~¢~ Io7~64Z~485
L XPENDiTURLS
(,LNERAL GUVERNMEN~ 46¢~(~%[ 3~]ol 46I~]52
bU[LDINB OPkRA] lONb b '4~9 ~ ( ~'5~o54) 4~9 869
OD~.~A]I(]NS ANALYSTS 9/~679 ( ] ~4 %) 8b 244
WORD PROCESSIN8 1]o~666 ( ~ , )9~) 1(~9 5/6
LEOAL / MUNTf'iFAL COIJRT ~'1~]4~ ( lo~%'o ) ;1] [46
PERSONNEL "67~ 791 ~ ~ t3:'8 27t
F MURGEN(]Y MANAOLM~ NI H ',()L,9 %{, ,'/ 90 _96
I LANNING 4~)~, t~8 3,4 '7 4(38 5_b
~ 1NANCB 3~191 66o 1 [i)~6~1 ~ ,02~ ~9]
AIRPORI 8o 16] ?0,226 1(~<3, H/
F ] RL 5 ~ 2J 1 9%~J ] O. , '06 ' ~ fib ~ 1611
F ARKS & RLCR~ATION lab~)(i;"JH 52,4',/
~ ] BRARY ugT, ~l/() 1'2,287
UFILI]Y SYSl"EM - E. Lb(]TRIC 65~16t~ 4~:J ,0-1,L62 66,J92~UI()
UIILIIY SYSI~ZM - WAIL-R 9,b-~H,l(~6 1~9'J1~64, 11,489~7/IV
f]ANITATION FUND 1~96',444 192~ ~4a ~, Lr]5~Sa/
WOf~KIN(~ CAI i IA[ FUND 6W~ ~1' '~191,66c~
GENERAL FROJEC]G [ UNI) '*1)6,/4 %91-0%) 447~4~H
R~ CRhAF10N FUND L~to~H()() 28,69L 2o9~491
hEVENU~ SHARING FUND b '9,J"l 1'~7,4 '9) 4(~1,69~
[;~ NLRAL DEI~r S~ RViC[ t UND '~, 21 ,9o/ 64, /%1) ),2";/, 1',6
OTHbK ~ UNDS 4,J /4,OH ~',96~J,a~66 /, 147,/4~
IOIAI LXP~ND/TUKES ~6,~ ~,66b H~4hc~,%6n 105,.,7~',225
RESOLUTION
WHEREAS, the Director of the Personnel/Employee Relations
Department for the City of Denton has presented proposed
policies regarding employee rules and regulations for the
Council' s consideration, and
WHEREAS, the City Council desires to adopt such policies as
official policies regarding employment with the City,
NOW, THREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
DENTON, TEXAS, THAT:
SECTION I.
The following policies, attached hereto and made a part
hereof are hereby adopted as official policies of the City of
Denton, Texas:
102.12 Identification Cards
102.13 Employee Fuel/Gate Access Cards
115.02 Problem Solving
108.07 Dress Code/Personal Appearance
108.10 Sexual Harassment
111.06 Death in Family Leave
SECTION II.
The foregoing policies are attached hereto and made a part
hereof and shall be filed in the official records with the City
Secretary.
SECTION III.
The Employee Rules and Regulations of 1976 adopted by
Resolution of the City Council on February 1, 1977, are hereby
rescinded to the extent they conflict with the foregoing
policies and with any administrative procedures and directives
issued under the authority of the City Manager implementing the
policies hereby adopted.
SECTION IV.
This Resolution shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this the /~7'~ay of December, 1985.
ATTEST.
CHARLOTTE 'ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
CITY OF DENTON
[DEN~:f:CA~ZON CARD8
tim pelter oF ~he ¢Ltr of Denton ~h&t, es &
p~oees8, &~L eeluL&~ euL~ott~e en~ peet-~Lme employees
t~e~ttetoetton
CITY OF DENTON
POL~TIADM~IS?RA?~¥! PRO~BDU'BBIADMI~M?RA?IYB
G~NERAb POb~C[ES AND PROCEDURES
SUBJECT EFFECTIVE DATE
TIT~
EMP~OYE~ ~E~/GA~ ACCESS CARD
~= £s ~e policy o£ ~e ~y of Den~on =o ~ssue ~uel/ga~e access ca~ds only ~o
employees ~equ~=~n9 access =o mo:o~ Euel and/o= access =o =Aa Service Can=e=
Comple~ a£=e= no=mai wo=k£n9 hours.
Z~ mn et~oft to promote improve4 eupZoye~-eupZoyee ~eZltto~ehtpe the Ctt~ st
~t~ ~k ~i~&ttonshtp. 8~e euoo.~q~ ~o ~teQuii these Qo~e~I vtth thet~
~Zoree'. questtoa8 ~ vtL~ assist tn 8oZvt~ p~ob~.
~e, express intent or thtg poLt=y .hs~ be:
2. To tnoure ~h8~ ~ ~Loyee ~o preeen~e & prob~ tn So~ earth s~ tn
a ~e.o~bZe M~e~ v~X~ be t~ee C~
3. To tneu~e t~t pfobXm &~e settX~ 88 ne8~ &8 posstb~e to ~he potnt
st o~titn.
CITY OF DENTON pAcE oP
POLIOY/ADMI~'qlETRA?~¥E PROCUDURU/ADM~Iq~ETRATIVB DIRlgGTIVE
~E~ERENCE
SECTION NUMaER
t~iGRSONNEI,/EIiPI~OYEg REI, ATIONS 108 07
EUBJ ECT EFFECTIVE OATE
8~ANDARD8 OF CO~DUCT FOR ELq~Pb0¥EE$
TITLE REPLACES
DRESS CODE/PERSOnAl, APPEABANCE
POLICY STATEI~IRNT
In order to project a positive, professional and antic environment, clay of
Denton employees are expected to maintain a good general appearance at all
tames
All employees are expected to comply with satiety reEulatlon8, [ · ,
type of shoes, shirt sleeve lensth, otc &8 dictated by departmental
and industry safety standards
All otifioe/publto oontaQt employees are expected to be appropriately
dressed and well Groomed tn order to reflect a
businesslike atmosphere
Clothins should be olean, comfortable and attractive but not
~lstractins. Clothing havip~ pictures, degi£ne, words and/or
ndvertlgtnt not conducive to a professional fn~e, see throuih and or
otherwise sexually provocative clothir~ are prohibited for all
employees. [n addition, all office/public contact employees are
prohibited from wearins denim Jeans, "T" shirts, sweatshirte and/or
other olothins detet~inod by the supervisor to be unacceptable
~V Uniforme~ employoe8 shall follow the guidelines under Policy 102
V Unusual oiromustanoes &s approved by supervisor such as weather
oonditiong, special work &sslsn~ent8, worksite oon~ition8 and/or
non-noel wockins hours and s~tu&tion8 may be sufficient reason8 to
srant an exception to the dregs oode.
0371a
12/17/85
CITY OF DENTON FAOE oF 2
REFERENCE
SECTION NUMBER
PI~RSONNIIL/I~LOYEll RELATI*ON8 108
SUBJECT
sTANDARD5 Or;' CONDUCT
REFLACES
POliCY
~t ts the poltc~ of the C~t¥ o~ Denton to prohtbtt any ~orm o~ sexual
h&rasSatent o~ tls employees tn the work place. The Ctt¥ of Denton recognizes
that sexual harassment ts a vtolatton of ~ederal, state, and local laws.
8exua~ harassment ts defined as unwelcome sexual advances, requests ~or sexual
favors, teastm~, ridiculing, Joktn~ or other verbal and physlcal conduct
sepal ~ture
1 Suoh coquet Ess the purpose or efffect o~ [nter~er[~ utth an
[nd[vt~uat's perfo~nee or creat[~ an [uttmidat~, hostile,
uncomfortable, or o~fensive ~ork[~ env[ro~ent, or,
2. Sub.lesion to such conduct la ~e either explicitly
tenor eo~[tton of an ~nd[vtdual's eaplo~nt;
8~baisaton to o~ rejection o~ sucE conduct by an [~[v[~ual la used as
the basts o~ emplo~nt ~ects[ons afffect[~ such
POLIO?/ADMINISTR&TZYB PROOBDURI/ADMINIS?RA?IV!
P bO g! RgLA?ZONS L~! 06
APPROVID LIAVR
ReguL&t~ons
POb£C! S?ATgI~NT
Et Lo the poLL~F of the CLtF of Denton to 8rsnt n n-x~ommoF three ~Ys
Leeve to resula~ fuLL-t~m ~pZo~ee8 La ~aeee of ~eath o~ tm~lx
oonstde~ f~ ~bere:
Kusb~ fs~he~-tn-~&v
atfe KotheF-tn-l~ Aunt
Sou B~othe~-tn-l~ Neph~
D~hteF Ststee-tn-t~ Krone
~the~ 8on-tn-~ 6ra~fathe~-Lm-l~
B~ot~8 Gr~ptrent8
Step ~ foste~
RESOLUTION
WHEREAS, the "Plus One" program sponsored by the City of
Denton has in the past provided needed energy assistance relief
to citizens, and
WHEREAS, the objectives of "Plus One" program are held in
high esteem by the Public Utilities Board and City Council, NOW,
THEREFORE,
BE IT KESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT
SECTION I.
The City Council does hereby reaffirm and pledge its renewed
commitment to the "Plus One" program to provide charitable
energy assistance relief to City of Denton residents who meet
established eligibility requirements.
SECTION II.
The City Council does pledge its support to the development
of new and innovative programs designed to provide energy
assistance relzef to qualified Denton citizens, which meet legal
and Charter requirements.
PASSED APPROVED this of 19
~IqHARD Oq STEWART ,- MAYO~
CITY OF DENTON, TEXAS
ATTEST.
CHARLOTTE ~LLEN, CITY- SECRETA~~---
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM.
DEBRAADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
RESOLUTION
WHEREAS, on July 25, 1978, the City of Denton entered into a
contract with the Texas Department of Highways and Publzc
Transportation to procure right-of-way for the extension of
Highway Loop No. 288 from the present north terminus of U.S.
Highway 380, north and west to Interstate Highway 35, and
WHEREAS, pursuant to the acquisition of such rzght-of-way,
zt is necessary that Delhi Gas Pipeline Corporation relocate
certain pipelines and facilities, and
WHEREAS, the Texas Department of Highways and Public
Transporation has approved a contract between Delhz Gas Pipeline
Corporation and Gulf Interstate Engzneering Company in the
amount of $57,492.28 for Gulf to perform engineering consulting
services in connection with Delhi's relocation of utilities,
including the preparation of construction drawings, surveys and
pro3ect cost estimates, and
WHEREAS, the Texas Department of Hzghways and Public
Transportation has agreed to reimburse the City of Denton 90
percent of the Delhi/Gulf contract cost after the City has paid
Delhi's cost for the same,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
DENTON, TEXAS:
SECTION I.
That the City Manager is hereby authorized, in accordance
with the City's contract with the State Department of Highways
and Public Transportation for the extension of Highway No. Loop
288, to make payment to Delhi Gas Pipeline Corporation for its
actual costs incurred under its contract with Gulf Interstate
Engineering Company for engineering consulting services in an
amount not to exceed $57,492.28, the actual costs to be
submitted, determined and paid to Delhi as the work progresses
upon receipt by the City of invoices from Gulf to Delhi.
SECTION II.
That this Resolution shall become effective immediately upon
its passage and approval. ~7~ ~J~
PASSED ~ND APPROVED thzs the / day of ._ ,
1985.
~IT~ OF DEtNTON, TEXAS
ATTEST:
CHAKL6TTE ALLEN,-CItY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM.
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS