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Home My WebLink AboutResolutions R88-001 to R88-0772121L RESOLUTION NO. ~ A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON COMMUNICATIONS, INC. FOR EMERGENCY COMMUNICATIONS AND SAMMONS ........ ~nR AN EFFECTIVE DATE. ASSISTANCE; AND PR~VIu~ ~v THE cOUNCIL OF THE CITY OF DENTON HEREBY RESOLVES. SECTION I. That the Mayor and City Secretary are hereby auth~ directed to execute and attest, respectively, an agreement between the Czty of Denton and sammons Communlcatzons, Inc. for emergency assistance under the terms and condltzons bezng contazned zn said agreement which zs attached hereto and made a part hereof. SECTION II. That thxs Resolution shall become effective ~mmed~ately upon its passage and approval. ~ PASSED AND APPROVED this the~ day of , 1988. ATTEST. ~-E~,~R-W~LTERS, CITY oECRETAR APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY. ~.~W~_ · 2086L THE STATE OF TEXAS § AGREEMENT BETWEEN THE CITY OF COUNTY OF DENTON § DENTON & SAMMONS COMMUNICATIONSt INC. This agreement is by and between the City of Denton, herein- after referred to as "City", and Sammons Communications, Inc., hereinafter referred to as "Sammons", who hereby solemnly agree to the terms and conditions set forth herein SECTION I. PURPOSE The purpose of this agreement is to provide emergency communications for the City of Denton in meeting any emergency or disaster from enemy attack or other cause, natural or man-made This agreement is entered ~nto pursuant to art. 6889-7 of V.T.C.$., commonly referred to as the D~saster Act of 1975. This agreement recognizes that the prompt, full and effective utili- zation of the resources of the respectlve organizations, the C~ty and Sammons, is essential to the safety, care and welfare of the people thereof ~n the event of a ma]or emergency or disaster The D~rectors or officers of both parties shall constitute a committee to formulate plans and take all necessary steps for the ~mplementat~on of this agreement, such planning shall ~ncorporate the use of resources, Including personnel and equipment necessary SECTION II. RESPONSIBILITIES A. The C~ty shall formulate emergency plans and programs for appllcatlon w~thln the boundaries the City There shall be frequent consultation between the representatives of the C~ty and sammons and free exchange of information and services. In carrying out such emergency services, the part~es of the City and sammons shall, sP far as possible, provide and follow uniform standards, practices and rules and regulations including (1) Warning and signals or explanation for exercises, disasters and pending disastrous situations to the general population, (2) information dissemination concerning emergency management on a routine bas~s. (3) selection of equipment and services used or to be used for emergency purposes to assure that such equipment and services will be easily and freely interchangeable when used in or by the other party; (4) The conduct of control generators, trustees, radio operators, City staff and other involved personnel and their proper movement or activities prior, during and subsequent to exercises, emergencies or disasters, and (5) Compliance with governing FCC rules and regula- tions, which may require periodic monitoring of the frequencies involved by the City. Equipment provided by Sammons must not belong to an indivi- dual, but must be approvedv sponsored and operated by Sammons. B. E~ther party requested to render aid shall take such action as is necessary to provide and make available the resources covered by this agreement in accordance with the terms hereof, provided that it is understood that the party rendering aid may withhold resources to the extent necessary to provide reasonable protection for the other. Sammons' emergency communications forces and the C~ty's utilizing forces will continue under the command and control of their regular leaders, but the communica- tions units or forces will come under the joint operational control of the parties under this agreement. C. All requests under this agreement shall be made Detween the City and Sammons officials or according to emergency plan activation, when available. This organizational tool will serve as a channel through which aid will be dispatched. SECTION III. SERVICES PROVIDED BY SAMMONS The following services shall be provided by Sammons to the City, lncludlng but not l~m~ted to (1) Audio override on all channels from the City's Emergency Operations Center for emergencies. (2) Use of Channel 25 bulletin board for explanation of emergency situations and general public education on emergency management. (3) Provision of a remote data terminal (RDT), telephone lines installatIon and recurring costs/fees, modems, cables and other ~tems for the RDT to provide (a) bulletin board access PAGE 2 (b) removal of weather template/page on Channel 12 during weather watches, if an unused channel not available for the Stephen Radar depiction. (4) Interaction with local amateur radio operators through the Radio Amateur Civil Emergency Services (R.A.C.E.S.) and Amateur Radio Emergency Services (A.R.E.S.). (5) Provlde tower maintenance, to include (a) Visual/on-the-spot maintenance for safety, such as loose bolts and guide wire adjustment; and (b) Reporting other items wrong with the antenna to the Off~ce of Emergency Management. (6) Provide all necessary and relevant technical advice and consultation services as its expertise will permit. (7) Provide equipment and schedule a predetermined time, on a monthly bas~s, for the C~ty to conduct a test of the emergency systems. SECTION IV. ASSIGNED AREA sammons w~ll be assigned a port~on of the tower space of McKenna Park Tower at 1701 Scripture Street. Sammons shall maintain the assigned area by keeping ~t neat and clean. SECTION V. CONSIDERATION Sammons wlll pay one dollar ($1.00) per year for facility usage in addition to providing all services mentioned herein. SECTION VI. SERVICES BY CITY The following detailed services shall be provided by the City to Sammons: (1) Allow Sammons utilization of tower space at McKenna Park Tower at 1701 Scripture Street, Denton, Texas. (2) Emergency ~nformatlon as required. PAGE 3 (3) Operation of character generator through a remote data terminal and that termlnal's security. (4) Discretion in operating character generator access to Channel 12 pages, bulletlng boards, banners and voice overr~de operations. (5) Twenty-four hour access to the tower site through the Office of Emergency Management. SECTION VII. DISPUTE RESOLUTION The City's Office of Emergency Management has final authority to resolve tower operations disputes. Radio frequency interference (RFI) disputes will be resolved by involving all parties concerned. The result will provide clear retransmlsslon or reception of the Sammons CommunicatIons s~gnal or accessed signal. All possible resources for the solutions will be used to resolve RFI disputes. SECTION VIII. LIMITATIONS Limiting factors affecting Sammons' service to the City will be based on the severity of the situation and manpower avail- ability due to catastrophic disasters or survival situations. Limiting factors affecting the City's service to Sammons will be based on access to the antenna. SECTION IX. LIABILITY Sammons hereby agrees to indemnify and hold harmless the City from any and all damages, loss or l~ablllty of any kind whatso- ever, by reason of ~n]ury to property or third persons occasioned by any error, omission or negligent act of Sammons, its officers, agents, employees, lnvltees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Sammons will, at its cost and expense, defend and protect the City against any and all such claims and demands. SECTION X. SUPPLEMENTARY AGREEMENTS Inasmuch as it is probable that the pattern and detail of the arrangements for mutual aid among two (2) or more agencies may differ from that appropriate among other agencies, this agreement PAGE 4 contains elements of a broad base common to all parties, and nothing herein contained shall preclude any party or agency from entering ~nto supplementary agreements with other agencies. Such supplementary agreements may include, but shall not be limited to, providing communications for evacuation, reception of injured or oth,er persons, and the exchange of lniormatlon concerning medical care, fire, pollcet public utllltyt reconnaissance, wel- fare, transportation and assistance to the City communications personnel, equipment and supplies for communications SECTION XI SEVERABILITY This agreement shall be construed to effectuate the purpose stated in Section I hereof. If any provision of this agreement is declared unconstitutional, or the applicability thereof to any persons or circumstances is held lnvalld, the constitutionality of the remainder of the agreement and the applicability thereof to other persons and circumstances shall not be affected thereby SECTION XII TERM This agreement shall continue in force and remain binding on each party for one (1) year from the date of execution and shall be automatically renewed for successive one (1) year terms for a period of four (4) years, or until such time as either party takes action to withdraw therefrom. Such action shall not be effective until slx (6) months after written notice thereof has been sent by the party wishing to terminate this agreement Notices shall be deemed effective when deposited in the United States mall, certified, postage prepaid, return recelpt requested and shall be delivered to- Sammons Communications, Inc. City of Denton 205 Industrial Attn Lloyd V. Harrell Denton, Texas 76201 C~ty Manager 215 East McKlnney Denton, Texas 76201 SECTION XIII DEFAULT Any violation of rules set forth in this agreement by Sammons shall necessitate the immediate removal of all Sammons' equipment from City property. Thereafter, the C~ty w~ll provide thirty (30) days written notice to Sammons of the its intent to terminate th~s Agreement. After thirty (30) days, the Agreement shall be null and void and the City is entitled to exercise all remedies avail- able at law. PAGE 5 SECTION XIV. NO DUTY IMPOSED Thls agreement shall not be construed or deemed to be an agreement for the benefit of any third party or part~es. Any performance undertaken by the Clty pursuant to th~s agreement shall be pursuant to the governmental function of providing emergency services to the public ~n general and th~s agreement ~s not meant to and shall not be construed as ~mposlng any duty, public or private, on any party hereto to provide any assistance, aid, or care to the other party or to any third party. SECTION XV. APPLICABILITY Th~s agreement shall become effective immediately upon ~ts approval by the parties hereto and any other party or part~es so satisfying. Duly authenticated cop~es of this agreement and of such supplementary agreements as may be entered into shall, at the time of their approval be deposited with each of the parties and other appropriate City, County, State and Federal agencies. This agreement shall become b~nd~ng and obligatory when it shall have been s~gned by parties.to this agreement. Executed this .~~ day of ~_~lJ~ , 19~_ . CITY OF DENTON, TEXAS RAY S~PMENS,/MAYO ATTEST. APPROVED AS TO FORM. DEBRA A. DRAYOVITCH, CITY ATTORNEY PAGE 6 SAMMONS COMMUNICATIONS, INC. ATTEST: PAGE 7 1799L RESOLUTION NO.~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE SUBMISSION OF A TEXAS EMERGENCY SHELTER GRANTS PROGRAM APPLICATION TO THE TEXAS DEPARTMENT OF COMMUNITY AFFAIRS AND AUTHORIZING THE MAYOR TO ACT AS THE CITY'S EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE EMERGENCY SHELTER GRANTS PROGRAM. WHEREAS, the City Council of the City of Denton desires to develop a viable urban community, ~ncludlng the expansion of the quantity and ~mprovement of the quality of the emergency shelters for the homeless; WH~.REASf certain conditions exist which represent a threat to the health and safety of the homeless, WHEREAS, it ls necessary and ~n the best interest of the City of Denton to apply for funding under the 1987-88 Texas Emergency Shelter Grants Program to meet the objectives and needs set forth above; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That a Texas Emergency Shelter Grants Program application is hereby authorlzed to be filed on behalf of the C~ty with the Texas Department of Community Affairs and that the C~ty of Denton's application be placed ~n competition for funding under the Emergency Shelter Grants Fund. SECTION II. That the C~ty Council hereby d~rects and designates the Mayor as the C~ty's Chief Executive Officer and authorized representative to act ~n all matters ~n connection w~th th~s application and the City's participation ~n the Texas Emergency Shelter Grants Program. SECTION III. That this resolution shall become effective approval. immediately upon ~ts passage and f~ PASSED AND APPROVED th~s the ~'~ day o , 1988. ATTEST: APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCHt CITY ATTORNEY oo. RESOLUTION IN APPRECIATION OF "CECIL WHITE" WHEREAS, Cecil White retired on November 30, 1987 after 32 years of dedicated service to the City of Denton since h~s employment commenced on July 1, 1955, and WHEREAS, during h~s career with the City, Cecil White has consistently maintained an attitude of cooperation with and dedication to the stated goals of the Fire Department of the City of Denton; and WHEREAS, Cecil White has exhibited outstanding expertlse, dedicating much t~me and effort in assisting w~th the work of the Fire Department and has shown great spirit in encouraging community ~nvolvement ~n the best interests of the c~tlzens of Denton; and WHEREAS, Cec~l White always served above and beyond the mere efficient dlscharge of h~s duties and responded to h~s dutzes ~n a loyal, trustworthy and extremely faithful manner, in a spirit of cooperation w~th h~s fellow employees, and in the best ~nterests of the c~tlzens of the communzty, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON That the s~ncere and warm appreciation of the C~ty council be formally conveyed to Ceczl White in a permanent manner by spreading th~s Resolution upon the official m~nutes of the Czty councll and forwarding to h~m a true copy hereof. PASSED AND APPROVED this 19th day of January, 1988 FaY ST~HE~ ATTEST APPROVED AS TO LEGAL FORM. DEBRA ADAMI DRAYOVITC~, 2153L NO. A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON CREATING A MAIN STREET COMMITTEE TO FORMULATE AND PROVIDE RECOMMENDATIONS TO THE CITY COUNCIL REGARDING THE CITY'S PARTICIPATION IN THE STATE MAIN S~REET PROGRAM AND TO MAKE RECOMMENDATIONS WITH RESPECT TO THE PROMOTION OF DOWNTOWN REVITALIZATION; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton is desirous of creating a Main Street Committee to promote and redevelop the City's downtown area; and WHEREAS, it shall be the charge of said Committee to review efforts and proposals by various groups within the City to promote our downtown area; and WHEREAS, the Committee shall identify the downtown area, review what other cities have done and make recommendations on steps that the Council might take to promote the downtown area, and WHEREAS, the Committee shall advise the City Council regarding the City's application to the Main Street Program and monitor the progress of same; and WHEREAS, the Committee shall become effective immediately upon appointment by the City Council and serve in said capacity until the Main Street Program application is submitted and other~ revitalization efforts have been established, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON SECTION I. That the "Main Street Committee" shall be appointed by resolution of the C~ty Council, membership of such committee to be comprised of one member from the Beautification Task Force, four members from the Central Business District Association, one member from the Historic Landmark Commission, one member from the Chamber of Commerce Convention and Visitors Bureau, one member from the community at large, one member from the City Council, one member from the Denton Chamber Small Business Task Force, one member from the Denton County Government, one member from the Denton County Historical Commlsslont one member from the Greater Denton Arts Councll, one member from the North Texas Fair Association, and one member from the Planning and Zoning Commission. SECTION II. That it shall be the charge of the Committee to. (a). Define the downtown area; (b) Review efforts and proposals by various groups within the C~ty to improve the downtown area; (c) Identify actions taken by other cities to promote their downtown areas; (d) Recommend to the C~ty Council actions that the City might take to promote downtown, ~nclud~ng ~dent~f~catlon for funding, and possible amendments to the code of Ordi- nances; and (e) Prepare and make application for the City's entry into the State Ma~n Street Program, subject to approval by the C~ty Councll. SECTION III. That th~s resolution shall become effective ~mme~iately upon ~ts passage and approval. PASSED AND APPROVED this the /~day of ~, 1988. RAY s P Ns, ATTEST. APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH~ CITY ATTORNEY 2135L RESOLUTION NO. A RESOLUTION ADOPTING THE NON-UTILITY CAPITAL IMPROVEMENT PLAN, AND DECLARING AN EFFECTIVE DATE. WHEREAS, on the 27th day of May, 1987 the Planning and Zoning Commission approved a list of capital improvement which in the opinion of the commission ought to be constructed during the forthcomIng five year period; and WHEREAS, the City Manager furnished a copy of such recommenda- tions to the C~ty Council on the 16th day of June, 1987; and WHEREAS, all of the above actions were taken in compliance with the requirements of Section 10.03(a)(6) of the City Charter, and WHEREAS, the City Council wishes to adopt formally the recom- mendations of the Commission subject to certain changes; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That the Council hereby approves the attached list of capital improvements which will be sought to be constructed during the forthcoming five year period, based on funding capability. SECTION II. That this resolution shall become effective immediately upon its passage and approval. ~day ~ ~ PASSED AND APPROVED this the /7 of ~ , 1988 ATTEST R~ WALTERS, CITY/SECR~TARY~ ' APPROVED AS TO LEGAL FORM. DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY FIVh YEAR CAPITAL I I~IPROVEMENTS FUNDING SCHEDULE FOR THE CITY OF DENTON 1987-1988 ~oodrow Lane ~ldenlng and Improvements $ S25,000 Rebuild Existing Bell Avenue (with present alignment) 4SO,O00 Mxngo Road Traffic and Drainage Improvements 250,000 Teasley Lane Improvements 200,000 Traffic Signal Synchronization 75,000 Traffic Signals 25,000 ~xllow Springs Drainage 337,000 Malone Street Drainage 250,000 Burning Tree Bridge 150,000 Teasley Lane bralnage 50,000 Senior Center Expansion 750,000 Athletic Field Development 550,000 TOTAL ~5,612,000 1~88-89 F.M. 2181 (Teasley Lane). Four Lane Divided From IH-3SE South to Ryan Road $ 250,000 Davis Street Paving Improvements $0,000 Avenue ~ Improvements (Eagle Drive to IH-55 Service Road) 40,00U Update Master bralnage Plan 425,000 Fire Station 500,0OO F~re Equipment 200,000 Recreation Center 1,300,000 Athletic Field Development 2S0,000 Library Expansion, Phase I 400,000 Plans for Law Enforcement fienter/Court Complex 200,000 TOTAL ~3,615,000 CIP FundlnI Sch aule Pale 2 1989-1990 Loop 288/Loca! Participation: Four Lane Divided From U.S. 5B0 South to Colorado Boulevard $2,200,000 U.S. 580/Local Participation. Six Lane Divided Fuom U.S. 77 (Locust) to Loop 288 §00,000 Expansion o£ Nottingham (From U.S. 580 to Mlngo Road) 500,000 O.S. 380 Right-oi-Way Acquisition 250,000 Loma Del Rey Drainage oJS,000 Stuart/Sunnydale Drainage 350,000 Drainage Improvements in Holly Hill Area 500,000 Law Enforcement Center/Court Complex, Phase I 500,000 TOTAL ~5,325,000 1990-1991 Fort Worth Drive (O.S. 377)' Four Lane Divided From Ih-55~ to F.M. 1830 $1,065,000 Reconstruction o£ Oriole Street 117,000 Fort Worth Drive/James Street Drainage 90,000 Recreation Center 1,400,000 Athletlc Field Development 450,000 Completion of Library Expansion 600,000 Completion of Law Enforcement Center/ Court Complex 1,900,000 £OTAL ~5,622,000 2149L RESOLUTION NO. ~ A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND MAYHILL-COOPER CREEK VOLUNTEER FIRE DEPARTMENT,INC., AND PROVIDING AN EFFECTIVE DATE. THE coUNCIL OF THE cITY OF DENTON HEREBY RESOLVES SECTION~I. That the City Manager is authorized to execute a mutual a~d agreement between the City of Denton and Mayh~ll-Cooper creek volunteer Fire Department, Inc., under the terms and conditions contained in said agreement, which is attached heretO and made a part hereof That this resolution shall become effective SECTION ~I_I__ passage and approval. immediately upon its f~ 1988 PASSED AND APPROVED this the ~_~_ day of ' ATTEST NI~ WALTERS, CIT~/ SE~RETA~ APPROVED AS TO LEGAL FORM' DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 2149L THE STATE OF TEXAS § MUTUAL AID AGREEMENT BETWEEN THE CITY OF DENTON AND THE MAYHILL-COOPER COUNTY OF DENTON § CREEK VOLUNTEER FIRE DEPARTMENT This Agreement is made by and between the Mayhlll-Cooper creek volunteer F~re Department, Inc. a Texas non-profit corporation hereafter referred to as MCC, with ~ts principal offices ~n Denton county, Texas, and the City o~ Denton, a home rule municipal corporation, hereafter referred to as C~ty. WHEREAS, the Mayh~ll-Cooper Creek volunteer F~re Department and the Fire Department of the Clty of Denton have worked closely together in a positive mutual a~d relationship s~nce the founding of the Mayh~ll-Cooper Creek volunteer F~re Department ~n 1977; and WHEREAS, the f~re district protected by MCC l~es adjacent to the C~ty of Denton, entlrely w~th~n the extraterritorial ]ur~sdzct~on of the C~ty of Denton, and may be annexed ~nto the C~ty of Denton ~n part or ~n whole; and WHEREAS, many f~re-related emergencies occur on or near the lines which separate these two ent~t~es; and WHEREAS, much of the area ~n the MCC d~strlct ~s ~n transition from rural to urban character and, therefore, requires a unique approach to emergency services, and WHEREAS, MCC and the City each maintain certain spec~al~zed apparatus; NOW, THEREFORE, MCC and the C~ty, for the mutual benefits stated hereinafter, do agree as follows. I. MUTUAL AID uPON REQUEST upon request of the Fire Chief or the Fire Alarm D~spatcher of MCC, the Clty shall dlspatch, during an emergency condltlon, to any polnt wlthln the MCC Dlstr~ct. upon request of the Fire Chlef or the F~re Alarm Dlspatcher of City, MCC shall dispatch, during an emergency condlt%on, to any point wxth~n the C~ty's boundaries. An emergency condition ~s deemed to ex~st at a t~me when' (1) one or more f~res are ~n progress; or (2) a s~tuat~on reasonably requires more equipment or personnel than can be provided by the requesting party. When an emergency condition exists, the Chief of the fire department, or h~s designee, of the party receiving the request shall determine whether ~t ls feasible to send fire fighting equipment, medical emergency equipment and/or personnel to assist the other party. The decision of the Fire Chief, or h~s designee, shall be f~nal. The responding party shall report to the officer ~n charge of the requesting party's forces at the location at which the equipment ~s d~spatched. The responding party shall be released by the requesting party when the officer ~n charge of the responding party's forces determines that the services of the responding party's services are no longer necessary. II. AUTOMATIC MUTUAL AID eement each party agrees to d~spatch certain Under this Agr ? .... ~ F0 snec~fled categories ~f ce automaLxu~ ~ ~ types of assis~an ....... J ~- any additional request for alO. emergencies without 5~ n~=u ~ ~ C~ty's F~re Department agrees to respond automatically and dispatch ~ts forces to the scene of an emergency when it becomes aware of a f~re within the area reflected on the attached map, marked Exhibit "A", subject to the decision of the Chief of the F~re Department, or h~s designee, that such dispatching is feasible. The ultlmate respons~bll~ty for f~re protection within established f~re d~stricts remains with the department assigned that territory. III. OTHER SERVICES City's Fire Department agrees to (a) Answer the MCC emergency f~re phone l~ne, effective upon its lnstallat~on, at MCC's expense, ~n the C~ty's Fire Department Alarm Off~ce. (b) Provlde paging and dispatch services for MCC through the Clty's Fire Alarm off~ce on radio frequencies shared by the part~es. (c) Provide necessary mutual a~d for ma]or f~res in areas listed on the map. (d) provide and participate in joint training actlvlt~es to maximize the effectiveness of mutual a~d operations. PAGE 2 (e) Make available special expertise when appropriate. (f) Provide mutual aid on request if available. MCC agrees to. (a) Provide tanker support to the City at certain structure and grass fires more than 1,000 feet from fire hydrants, or as requested (b) Augment City during large grass and/or brush flres with appropriate off-road equipment and trained personnel. (c) Provide back-in support in City's Stations 2 and 4 during ma]or emergencies and multi-alarm fires when City will be out of those stations for a s~gnlflcant t~me. (d) Provide and participate in joint training activities to maximize effectiveness of mutual aid operations. (e) Make available special expertlse when appropriate. (f) Provide mutual aid on request if available. IV. COMMAND Command w~ll rest w~th the ranking f~re officer present from the department in whose district the incident occurs. MCC stipulates that the judgments of the C~ty's Fire Officer in command, in either district, shall prevail regarding questions of life safety. V. INDEMNIFICATION MCC agrees to indemnify and hold harmless City, its agents and employees from and against all claims, damages, losses, and expenses, including reasonable attorney's fees, in case it shall be necessary to pursue legal action arising out of performance of the services and duties herein which are, or are alleged to have been caused ~n whole or in part by MCC, ~ncludlng but not necessarily limited to the negligent acts and/or omissions of any member of MCC. PAGE 3 Each party waives all claims against the other party for compensation for any loss, damage, personal injury or death occurring as a consequence of the performance of th~s Agreement. VI. COSTS Neither party shall request relmbursement from the other party for costs Incurred pursuant to this Agreement. Personnel who are asslgned, deslgnated or ordered by their governing body to perform duties, pursuant to this Agreement, shall receive the same wage, salary, pension, and all other compensation and rights for the performance of such duties, including injury or death benefits, and Worker's Compensation benefits, as though the service had been rendered within the limits of the Clty where he or she is regularly employed. Moreover, all wage and disability payments the requesting party is required to pay pension payments, damage to equipment and clothing, medical expenses, and expenses of travel, food, and lodging shall be pa~d by the party whom the employee in question is regularly employed. VII. GOVERNMENTAL FUNCTION At all times while equipment and personnel of the City's fire department are traveling to, from, or within the geographical limits of MCC in accordance with the terms of th~s Agreement, such personnel and equipment shall be deemed to be employed or used, as the case may be, in the full l~ne and cause of duty of the City. Further, such equipment and personnel shall be deemed to be engaged in a governmental function. VIII. The term of this Agreement shall be for two (2) years. It may be terminated at any time by either party giving thirty (30) days advance written notice to MAYHILL-COOPER CREEK VOLUNTEER CITY OF DENTON FIRE DEPARTMENTt INC. Chris Cowan, Chief Lloyd V. Harrell City Manager 215 East McKlnney Denton, Texas 76201 PAGE 4 IX. This Agreement may be amended by written instrument signed by both parties. Executed th~s the /~day of ~//~6Z~z~ , 1988. MAYHILL-COOPER CREEK VOLUNTEER CITY OF DENTON, TEXAS FIRE DEPARTMENTv INC. CHRIS COWANv CHIEF RA ATTEST: ATTEST SECRETARY JENNIF~R' WALTERS, CITY/ SECK~ETARi~ PAGE 5 2109L RESOLUTION NO A RESOLUTION REAFFIRMING THE DESIGNATION OF WOODROW LANE, AUDRA LANE, ~ND NOTTINGHAM STREET AS SECONDARY MAJOR ARTERIAL STREETS: AND DEC,LARING AN EFFECTIVE DATE. WHEREAS, the Ma]or Throughfare Plan of the Denton Development Guide, as amended, designates all or part of woodrow Lane, Audra Lane'and Nottingham Street, as secondary ma]or arterial streets, and, WHEREAS, the C~ty has proposed to make ~mprovements to all or part of those designated streetS; and, WHEREAS, the C~ty council w~shes to reaffirm the designation of those streets as secondary ma]or arterial streets; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON' SECTION I. That those portions of woodrow Lane, Audra Lane, and Nottingham Street, designated as secondary ma]or arterial streets ~n the Denton Development Guide, as amended, shall continue to be designated as secondary majur arterial streets on the Ma]or Throughfare Plan. SECTION II. That th~s resolution shall become effective ~mmedl'ately upon its passage and approval. PASSED AND APPROVED th~s /~ .~_ day of ~ , 1989. ATTEST: APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 2175L R~SOLU?ION NO.~ -~ A RESOLUTION SUPPORTING THE COUNTY OF DENTON'S BUILDING AND RENOVATION PROGRAMS IN THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Commissioners Court of the County of Denton has recently completed three ma]or building projects in the City of Denton; and WHEREAS, the Juvenile Detention and Probation Center and the County Jail and Law Enforcement Center are both examples of the commitment the commissioners Court has made to the people of Denton; and WHEREAS, the renovated Courthouse on the Square is a structure that all of the residents of Denton County cherish for its beauty and historical significance; and WHEREAS, these three structures are indicative of the spirit of cooperation that is the foundation of the relationship between the City and the County of Denton; and WHEREAS, the City Council of the City of Denton wishes to congratulate the Commissioners Court on the successful completion of these projects; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON SECTION I. That the Denton City Council hereby affirms its support of the Commissioners Court of the County of Denton as it strives to modernize and beautify its facilities. SECTION II. That the City Secretary is hereby directed to forward a copy of this resolution to County Judge Vic Burgess, Commissioner Ruth Tansey, Commissioner Don Hill, Commissioner Lee Walker and Commissioner Sandy Jacobs. SECTION III. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 19th day of January, 1988. RAY S~P~NS, ~YOR ATTEST' JE~N~F~'WALTERS, CITY SECR~ff~ APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY Next Document 1766L RESOLUTION A RESOLUTION AUTHORIZING AMENDMENT NO. 1 TO THE AIRPORT COMMERCIAL LEASE BETWEEN THE CITY OF DENTON AND FOX-51 LIMITED, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, certain real property upon the Denton Municipal Airport was leased to Fox-51 Limited, a Texas partnership, by lease agreement dated April 1, 1986, and WHEREAS, the City of Denton and the lessee desire to amend the lease agreement; and WHEREAS, the Airport Advisory 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 airport operations to approve such lease amendment; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That attached Amendment No. 1 to the airport commercial lease agreement between the City of Denton and Fox-51 Limited dated April 1, 1986 and also attached hereto, is hereby approved. SECTION II. That Mayor is hereby authorized to execute the 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 April 1, 198~, Inscribing on the original agreement the fact it has been amended and the effective date of such amendment. SECTION III. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED thls the~~ day of ~, 1988 ATTEST ~ 1 ~R~W;[LTERS A~ING C/ITY SECRETARY C~Y OF DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS 2091L THE STATE OF TEXAS $ FIRST AMENDMENT TO THE COMMERCIAL OPERATOR LEASE AGREEMENT BETWEEN COUNTY OF DENTON $ THE CITY OF DENTON AND FOX-51 LIMITED rThls lease amendment is made and executed this ~t~(~day of , 19~.~_, at Denton, Texas, by and between the City elnafter referred to as "Lessor", and Fox-S1 Limited, a corporation of the State of Texas, having its principal offices at Route 1, Box 102, Denton, Texas 76205, hereinafter referred to as "Lessee". WHEREAS, Lessor owns, operates and controls the Municipal Airport (Airport) in the City of Denton, County of Denton, State of Texas; WHEREAS, Lessor has previously leased certain land at the Airport to Lessee for the purposes of Lessee conducting a business as a commercial operator at the Airport, a copy of the lease agreement is attached as Exhibit C, WHEREAS, due to changed circumstances, the parties mutually desire and agree to renegotlate certain provisions of the lease agreement described above, NOW, THEREFORE, in consideration of the promises and mutual covenants contained in this Agreement, the parties agree to amend the lease as follows: WITNESSETH The Lessor and Lessee for and in consideration of the rents, covenants and conditions contained herein, do hereby mutually agree that the following provisions of the airport lease dated April 1, 1986 are amended Section II, Lan~, Paragraphs A ~ B, Section III, Ter~, Section IV, Payments, Rentals and Fees, Paragraphs A ~ C, Section VII, Leasehold Improvements, Paragraph A, Subsec- tion 1; and Section XII, Insuranc? The amendments, referenced above, are as follows 1. Section II, Paragraph A, Land, is hereby amended to read as follows A one foot by one foot tract of land, being one square foot, drawn and outlined, as shown on Exhibit A, attached hereto and ~ncorporated herein by reference, having the following metes and bounds 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 sa~d point lying ~n the South right-of-way l~ne of FM Road 1S1S; THENCE west along the south r~ght-of-way l~ne of FM Road iSIS a d~stance of 3S0 feet to a point, THENCE north along the west r~ght-of-way l~ne of FM Road 1515 a distance of 1,000 feet to a point, THENCE west perpendicular to sa~d right-of-way l~ne of FM iSIS a distance of 870 feet, more or less, to a point on the east edge of the pavement of the north taxlway; THENCE north 13° SO' 41" west along the east edge of pavement o£ said north tax,way a d~stance of 230 feet to a point for a corner; THENCE north 76° 09' 19" east perpendlcular to sa~d east edge of pavement a d~stance of 280 feet to the point of beginning; THENCE north 1~° 50' 41" west 280 feet east of and parallel to sa~d east edge of pavement a d~stance of one foot to a point for a corner, THENCE north 76° 09' 19" east perpendicular to said east edge of pavement a d~stance of one foot to a point for a corner; THENCE south 13° S0' 41" east 281 feet east of and parallel to sa~d east edge of pavement a distance of one foot to a point for a corner, THENCE south 76~ 09' 19" west perpendicular to sald east edge of pavement a d~stance of one foot to the place of beginning and containing one square foot of land, more or less. Together w~th the r~ght of ~ngress and egress to said pro- perty; and the right, ~n common w~th others so authorized, of passage upon the A~rport property generally, subject to reason- able regulations by the C~ty of Denton, and such r~ghts shall extend to Lessee's employees, passengers, patrons, and lnvltees AGREEMENT FOR COMMERCIAL OPERATOR/FOX-SI LIMITED/PAGE Z 2. Section II, Paragraph B, Land-Property B, is hereby amended to read as follows B. Land - Property B: A tract of land consisting of 3.91 acres, or 170,583.34 square feet, as depicted on Exhibit B, attached hereto and incor- porated herein for reference, and having the following metes and bounds COMMENCING at the northwest corner of a tract of land as conveyed to P. P. 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 taxlway a distance of 230 feet to a point for a corner, THENCE north 76° 09' 19" east perpendicular to said east edge of pavement of the north taxlway, a distance of 280 feet to a point for a corner; THENCE north 13° S0' 41" west 280 feet east of and parallel to said east edge of pavement of the north taxlway, a distance of 220 feet to a point for a corner; THENCE north 76° 09' 19" east perpendicular to said east edge of pavement of the north taxlway, for a distance of 150 feet to the point of beginning, THENCE north 760 09' 19" east perpendicular to said east edge of pavement of the north taxlway, a distance of 279 feet to a point for a corner, THENCE south 19° 07' 54" east for a distance of 336.84 feet to a point for a corner, AGREEMENT FOR COMMERCIAL OPERATOR/FOX-51 LIMITED/PAGE 3 THENCE south S4° 09' 50.9" west for a d~stance of 280.57 feet to a point for a corner, THENCE south ?§o 09' 19" west perpendicular to said edge of pavement of the north taxlway, a d~stance of 140 feet to a point for a corner; THENCE north 13° SO' 41" west 340 east of and parallel to said east edge of pavement of the north taxlway, a d~stance of 220 feet to a point for a corner, THENCE south 76° 09' 19" west perpendicular to said edge of pavement of the north taxlway, a d~stance of S9 feet to a point for a corner, THENCE north 13~ 50' 41" west 281 feet east of and parallel to said east edge of pavement of the north taxlway, a distance of one foot to a point for a corner, THENCE north ?6° 09' 19" west perpendicular to said east edge of pavement of the north tax,way, a distance of one foot to a point for a corner, THENCE north 13° S0' 41" west 280 feet east of and parallel to sa~d east edge of pavement of the north tax,way, a distance of 219 feet to a point for a corner; THENCE north 76~ 09' 19" east perpendicular to sa~d east edge of pavement of the north tax,way, a d~stance of 1S0 feet to the place of beginning and containing 170,583.34 square feet of land, more or less Lessor, for and in consideration of the covenants and agreements here~n contained, to be kept by Lessee, does hereby demise and lease unto Lessee, and Lessee does hereby hire and take from Lessor the above described Property B for a per~od of ten (10) years commencing on the date of execution of th~s Lease. It is expressly understood and agreed that Property B is leased to Lessee for the purpose of development by Lessee. Said development shall be comprised of an area of at least thirty-four thousand seventy-one (34,071) square feet every two years (development ~n excess of 34,071 square feet ~n any two year per~od may be carried over into the following consecutive years). Upon commencement of development of property w~thln Property B (the date of f~nal approval of plans and the ~ssuance of a building permit by Lessor ~s deemed here~n to mean the date of commencement of development), sa~d development properties shall immediately be considered as additions to Property A and shall be subject to the same terms and cond~tions as Property A, ~nclud~ng but not l~m~ted to land rental rates as computed on a cents, per square foot, per year bas~s, term of lease; consumer price adjustments, ~f any, and AGREEMENT FOR COMMERCIAL OPERATOR/FOX-S1 LIMITED/PAGE 4 date of commencement, as if said additions were and had been within Property A from the orlglnal date of execution of this Lease. Should Lessee not develop at least thirty-four thousand seventy-one (34,071) square feet of Property B every two years, including any carry over from the previous year, the balance of the undeveloped property up to 34,071 square feet shall, at the end of each two year period, automatically be considered as an addition to Property A as if said property had been developed. Property which Lessee and Lessor mutually agree is undevelopable may be removed from the above requirementS at the end of the ten (10) year period. Lessee shall notify Lessor of its intent to develop pro- perty within Property B by written notice to the City Manager or his deslgnee, such notice shall be delivered to the City Manager at least thirty (30) days prior to commencement of development and shall include, at a m~nlmum, a drawing and description of the size and location of the property and the type and number of improvements to be situated thereon. Construction plans and speclflcat~ons shall be submitted to Lessor in accordance with Article VIII of this Lease. For the purposes of this Agreement, the term ,,Premises" shall mean all property located within the metes and bounds described above in Properties A & B, including leasehold improvements constructed by the Lessee, but not including certain easements or property owned and/or controlled by the Lessor. 3. Section III, TERM, ~s hereby amended to read as follows' III. TER~. The primary term of this Agreement shall be for a period of twenty-three (23) years, commencing on the 1st day of March, 1988, and continuing through the last day of February, 2012, unless earlier terminated under the provisions of the Agreement Lessee shall have the first right to renegotzate this Lease for two (2) additional flve (5) year periods at the end of the primary term or any renewal thereof at a rental rate and terms to be mutually agreed upon by the parties without regard for or considering the, then present, cost of living index. If Lessee electS to renew th~s Lease, Lessee shall notify the City Manager, in writing, at least one hundred ezghty (180) days before the explratlon of the primary term or any renewal thereof. 4. Sectlon IV, PAYMENTS, RENTALS AND FEES, Paragraph A, Lan~ ~enta!., ~s hereby amended to read as follows The land rental for Property A shall commence with the sum of seven centS ($0.07) per square foot, per year, payable in advance. AGREEMENT FOR COMMERCIAL OPERATOR/FOX-51 LIMITED/PAGE 5 Land rental shall be adjusted under the terms and conditions of this Lease as described herein. 5. Section IV, Paragraph C, Payment, Penalty, Adjustments, is hereby amended to read as follows. C. Pa~ment~ 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 ~s 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 , 1988 index which was (1967 = 100). The land rental amount is now based upon 07 ($0.0/) cents per square foot, per year, for the land herein leased. The four (4) rental adjustments, if any, shall occur on the following dates 1, 1993 1, 2003 1, 1998 1, 2008 6. Section VIII, LEASEHOLD iMPROVEMENTS, Paragraph A, Required improvements, Subsection 1, Time Limits, is hereby amended to read as follows' 1. Time Limits. Lessee agrees that it shall, within seven hundred twenty (720) calendar days from the date of this Agree- ment, submit to the Lessor, for approval, detailed plans and specifications for the initial proposed leasehold improvements. Lessor agrees that it shall either approve the plans and spec~- flcatlons as submitted, or transmit proposed revisions to Lessee, w~thln 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 unreasonably withheld. Constructlon shall commence within one hundred e~ghty (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 one hundred eighty (180) days after commencement of construction. AGREEMENT FOR COMMERCIAL OPERATOR/FOX-51 LIMITED/PAGE 6 7. Section XII, INSURANCE AND INDEMNITY, is hereby amended to read as follows. A. Required Insurance Lessee, at its expense, shall maintain continuously in effect at all times during the term of this agreement 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. Alrcra£t liability to cover all flight operations of Lessee. 3. 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 subse- quent to this agreement. 4. Liability insurance limits shall be in the following minimum amounts Bodily Injury and Property Damage One Million Dollars ($1,000,000) combined single limits on a per occurrence basis. S. Ail policies shall name the City of Denton as an additional named insured and provide for a minimum of thirty (50) days written notice to the City prior to the effective date of any cancellation or lapse of such policy. 6. All policies must be approved by the Lessor. 7. The Lessor shall be provided with a copy of all such policies within thirty (30) days of the signing of this Agreement. During the original or extended term of th~s Lease, Lessor herein reserves the right to adjust or increase the liability Insurance amounts required of the Lessee, and to require any addi- tional rider, provisions, or certificates of insurance, and Lessee hereby agrees to provide any such insurance requirements as may be required by Lessor; provided however, that any requirements shall be commensurate with insurance requirements at other public use airports similar to the Denton Municipal Airport, in s~ze and in scope of aviation activities, located in the southwestern region of the United States. Lessee herein agrees to comply with all increased or adjusted insurance requirements that may be AGREEMENT FOR COMMERCIAL OPERATOR/FOX~S1 LIMITED/PAGE 7 required by the Lessor throughout the original or extended term of this Lease, including types of insurance and monetary amounts or ll.mlts of Insurance, and to comply with said insurance requirements within sixty (60) days following the receipt of a notice in writing from Lessor stating the increased or adjusted insurance requirements. Lessee shall have the right to maintain In force both types of insurance and amounts of insurance which exceed Lessor's minimum insurance requirements. In the event that State law should be amended to require additional types of insurance and/or insurance amounts which exceed those of like or similar public use airports in the southwestern region of the United States of America, then in such event, Lessor shall have the right to require that Lessee maintain in force types of insurance and/or amount of insurance as specified by State law. Failure of Lessee to comply with the minimum specified amounts or types of insurance as required by Lessor shall constitute Lessee's default of this Lease. B. INDEMNITy' During all times that this lease is in effect, the parties agree that Lessee is and shall be deemed to be an independent contractor and operator and not an agent or employee of City with respect to its acts or omissions hereunder. For all the purposes hereunder, Lessee IS and shall be deemed an independent contractor and it IS mutually agreed that nothing contained herein shall be deemed or construed to constitute a partnership or joint venture between the parties hereto. Lessee agrees to indemnify and hold harmless the City and its agents, employees, and representatives from and against all liability for any and all claims, suits, demands, and/or actions arising from or based upon Intentional or negligent acts or omissions on the part of Lessee, its agents, representatives, employees, members, patrons, visitors, contractors and subcon- tractors (If any), and/or sublessees, which may arise out of or result from Lessee's occupancy or use of the premises and/or activities conducted in connection with or incidental to this Lease Agreement. Lessee shall also indemnify City against any and all mechanic's and materlalmen's liens or any other types of liens imposed upon the premises demised hereunder arising as a result of Lessee's conduct or activity. This Indemnity Provision extends to any and all such claims, suits, demands, and/or actions regardless of the type of relief sought thereby, and whether such relief ~s in the form of damages, judgments, and costs and reasonable attorney's fees and expenses, or any other legal or equitable form of remedy. This Indemnity Provision shall apply regardless of the nature of the injury or harm alleged, whether for injury or death to persons or AGREEMENT FOR COMMERCIAL OPERATOR/FOX-S1 LIMITED/PAGE 8 damage to property, and whether such claims by alleged at common law, or statutory or constitutional claims, or otherwise. This Indemnity Provision shall apply whether the basis for the claim, suit, demand, and/or action may be attributable in whole or in part to the Lessee, or to any of its agents, representatives, employees, members, patrons, visitors, contractors (If any), and/or sublessees or to anyone directly or indirectly employed by any of them. Further, City assumes no responsibility or liability for harm, injury, or any damagxng events which are directly or Indirectly attributable to premise defects or conditions which may now exist or which may hereafter arise upon the premises, any and all such defects being expressly waived by Lessee Lessee understands and agrees that this Indemnity Provision shall apply to any and all claims, suits, demands, and/or actions based upon or arising from any such claim asserted by or on behalf of Lessee or any of Its members, patrons, visitors, agents, employees, contractors and subcontractors (if any), and/or sublessees. It is expressly understood and agreed that the City shall not be liable or responsible for the negligence of Lessee, its agents, servants, employees and customers. Lessee further agrees that it shall at all times exercise reasonable precautions for the safety of and shall be solely responsible for the safety of its agents, representatives, employees, members, patrons, v~s~tors, contractors and subcontractors (if any), and/or sub- lessees, and other persons, as well as for the protection of supplies and equipment and the property of Lessee or other persons. Lessee further agrees to comply with all applicable provisions of Federal, State and municipal safety laws, regulations, and ordinances. PROVIDED FURTHER, that the Lessee and the City each agree to give the other party prompt and timely notice of any such claim made or suit ~nstltuted which in any way, d~rectly or indirectly, contingently or otherwise, affects or might affect the Lessee or the City. Lessee further agrees that this Indemnity Provision shall be considered as an addltxonal remedy to City and not an exclusive remedy. IN WITNESS ~HEREOF,.the parties have executed thxs Amendment Agreement as of the ~ day of ~, 19~. CITY OF DENTON, LESSOR AGREEMENT FOR COMMERCIAL OPERATOR/FOX-Si LIMITED/PAGE 9 ATTEST APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY FOX-51 LIMITED F. D. sTRICKLER, PRESID ATTEST SECRETARY AGREEMENT FOR COMMERCIAL 0PERATOR/FOX-51 LIMITED/PAGE 10 THE STATE OF TEXAS COUNTYI OF DENTON Before me, the undersigned authority, 3n and for said County, Texas,~ on this date personally appeared F D Str]ckler, known to me to be. the person and officer whose name Is subcrlbed to the foregoing instrument, and acknowledged to me that the same was the act of the sa3d Fox-5] 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 there~n expressed, and in the capacity therein stated. Given under my hand and seal of off]ce this ]8th day of January, ]988 NOTARY PUBLIC, STATE OF TEXAS My Commission expires 10/]3/91 AGREEMENT FOR COMMERCIAL OPERATOR/FOX-5~ LIMITED/PAGE 1] ATT.'~,(~JI~T "A"I ~0 AXR~ORT LEASE EXHIBIT "A" FO~ 5~ \ ~SCAL£ I-fO0 ~ N ,T~ EXHIBIT "B" 1645L RESOLUTION NO.~_~' A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE TEXAS RENTAL REHABILITATION PROGRAM FUND FOR A GRANT; AND PROVIDING AN EFFECTIVE DATE. 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 pre- pared a program for utilizing funds for rehabilitatIon of pri- vately owned rental property to be used primarily for res~dentlal rental purposes ~n the amount of approximately $500,000; 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. SECTION I. That the C~ty council of the C~ty of Denton, Texas authorizes the C~ty Manager to s~gn 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 C~ty council of the C~ty of Denton, Texas authorizes the City Manager to handle all f~scal and administrative matters related to the application and the assurances required therefore. SECTION III. That the C~ty Secretary is hereby d~rected to forward a certified copy of th~s Resolution to the Department of Housing and urban Development. PASSED AND APPROVED thls the~~ day of ~, 1988. ATTEST J~-~E~ VA~TE~S, CITY SECRET APPROVED AS TO LEGAL FORM' DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 2202L RESOLUTION NO. 7~_J~°~/ A RESOLUTION ACCEPTING AMENDMENT NO. 1 TO THE GRANT AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton has submitted to the Federal Aviation Administration an application for Federal Asszstance dated September 9, 1986 for a grant of Federal funds for a project for development of the Denton Municipal Airport, and · Federal Aviation Adminzstration has approved a WHEREAS. the ~ ~A ^~ consisting of the con- project for devel?pmen~ o~ ~V~ ~r~~ construction and marking struction of an a%rcramt parmzng ap~o , of a connecting taxiway, and construction of a helipad, and WHEREAS, the Federal Aviation Administration has granted the Two Hundred Twenty-six Thousand Four Hundred Ci%y an ~m?~%~n~f~226 450.00) Dollars for the constLu~t{%n~~ Fitty an~ mo/~u~ ~ , ..... ~ .~= o~.nt to ~elene ut~= im rovementS and now wishes no 8m=~ ~=~ ~-- - such~ P .... ~ ~= o-ron and helipad, NOW, THEREFORE, construcgzou o~ u~= ~ BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON SECTION I. That the City of Denton hereby accepts the Grant Amendment an~ agrees to comply with all of the assurances and conditions contained in the Grant Application and the Grant amendment, and the City Manager of the City of Denton or his designee is hereby authorized to execute such agreements. PASSED AND APPROVED this the~_~4 day of ~, 1988 ATTEST' APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY ! ERAI. AVIATION ADMINISTRATION WA~HINGTOhl D C 10Sg0 Page ] 0f '~ Pa~es Contract No DOT FA 86 SW-8749 Denton Municipal A~rpor~ Denton, Texas AMENDMENT NO 1 TO GRANT AGREEMENT FOR PROJECT NO 3-48-0067-03 WHEREAS, the Federal Avmt]on Administration (hereinafter referred to as the "FAA") has determined It to be in the interest of the Umted States that the Grant Agreement between the FAA, acting for and on behalf of the United States, and the city of Denton~ Texas (hereinafter referred to as the "Sponsor"), accepted by said Sponsor on the 16th day of September , 19 86, be amended as hereinafter provided NOW THEREFORE, WITNESSETH That in consideration of the benefits to accrue to the part,es hereto the FAA on behalf of the United States, on the one part, and the Sponsor on the other part, do hereby mutually agree that the description of the development included xn the project, as set forth in the second paragraph on Page 1 of the Grant Agreement, is hereby amended to read, "Construct and mark Taxiway H (approximately 30' X 750'), I (approximately 30' X 765') and J (approximately 30' X 1,070')." IN WITNESS WHEREOF, the partl~ hereto have caused thru Amendment to sa~d Grant Agreement to be duly executed as of the ~.~/1 ,.day of~, UNI'[F.~ STATES OF AMERICA FEDERg~VIATION ADMINISTRATION Title Manager, Safety and Standards BranchX-J (SEAL) CITY OF DENTON, TEXAS ~, (_~me~of Sponsor) By At test~/Tt ~f/:l~ //~J~ Title Denton Munxcxpal Airport Denton, Texas Project No. 3-48-0067-03 Amendment No. 1 Page 2 oi 2 Pages CERTIFICATE OF SPONSOR'S ATTORNE~ I. Debra A. Drayovitch , acting as Attorney fm the city of Denton, Texas (hereinafter referred to as "Sponsor") do hereby certff) That I have exarmned the foregoing Amendment to Grant Agreement md lhe proteedmgs taken b3 sa:d Sponsol relating thereto, and f~nd that the execution theleof bx said Sponsor ha. been duly authorized and is m all respects due and proper and in accordance ~lth the la~s of the State of Texas ., and further that, m my opinion, said Amendment to Grant Agree- ment constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof Dated at Dent~n.: Tmxn.a , thru 9. ndday of FmbYnn~'y , 19. 88 Debra A Drayov~t~.~ /~ Title C~ty Attorney RESOLUTION IN APPRECIATION OF "JACK W. CRAIG" WHEREAS, Jack W. Craig is ret~rzng after 10 years of dedicated service to the City of Denton since h~s employment on September 26, 1977, and WHEREAS, during h~s career with the Czty, Jack has consistently maintained an attitude of cooperation with and ded~catlon to the stated goals of the Equipment Services Division of the C~ty of Denton, and WHEREAS, Jack W. Craig has exhibited outstanding expertise, dedicating much t~me and effort ~n assisting with the work of the Equipment Services D~v~s~on and has shown great spirit in encouraging community lnvolvement ~n the best ~nterests of the citizens of Denton, and WHEREAS, Jack W. Craig has always served above and beyond the mere efficient discharge of his duties and has responded to h~s duties ~n a loyal, trustworthy and extremely faithful manner, in a spirit of cooperation with his fellow employees, and ~n the best interests of the c~t~zens of the community, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON That the s~ncere and warm apprec~atlon of the City Council be formally conveyed to Jack W. Craig in a permanent manner by spreading this Resolution upon the official minutes of the City Council and forwarding to h~m a true copy hereof. PASSED AND APPROVED this 16th day of February, 1988. ATTEST: JE ' . ALTERS, C TY SECRETARY APPROVED AS TO LEGAL FOR D~BRA ADAM~ DRAYOVITCH~ CI~ ATTORNEY 1624L A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR AMBULANCE SERVICES, AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That the City Counczl of the City of Denton hereby approves an agreement between the Czty of Denton and Denton County for ambulance services, a copy of which is attached hereto and incorporated by reference herein, and the Mayor is hereby authorized to execute said agreement on behalf of the City. SECTION II. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~_ day of February, 1988 ATTEST APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY February 29, 1988 Hon. Ray Stephens City of Denton 215 E. MeKmney Denton, TX 76201 Re Interloca! Agreement for Ambulance Serwces Dear Mayor Stephens On Monday, February 29, 1988, the Commtsstoners Court of Denton County approved the Interloeal Agreement with the Ctty of Denton for Ambulance Serwces for the f~seal year 1987-88. Enclosed m one stgned ortglna| copy for the above menttoned contract. If you have any questtons, please call me at 817-383-0298. VIC BUR~ County Judge VB ]a Enclosure COUNTY COURT OF DENTON COUN3¥ · COURTHOUSE ON I HE SQUARE 1 lOW HICKORY · DENTON TEXAS 76201 · (817) 383 0298 · 1 800 346 3189 1624L THE STATE OF TEXAS § INTERLOCAL AMBULANCE AGREEMENT COUNTY OF DENTON § This Agreement is made and entered by and between Denton County, a political subdivision of the State of Texas, herein- after referred to as "COUNTY", and the City of Denton, a home rule municipal corporation of Denton County, Texas, hereinafter referred to as "CITY". WHEREAS, COUNTY is a duly organized political subdivision of the administration of County the State of Texas engaged in Government and related services for the benefit of the citizens of Denton County; and WHEREAS, CITY is a home rule municipal corporation, duly organized and operating under the laws of the State of Texas and is engaged in the provision of ambulance service and related services for the benefit of the citizens of Denton, and WHEREAS, CITY is the owner and operator of certain ambulance vehicles and other equipment designed for the transportation of persons who are sick, infirm, or injured, and has in it employ trained personnel whose duties are related to the use of such vehicles and equipment, and WHEREAS, COUNTY desires to obtain emergency medical services rende=ed by CITY, as more fully herainafter described, for the benefit of the residents of the unincorporated areas of Denton County, Texas; and WHEREAS, the provision of emergency medical services is a governmental function that serves the public health and welfare and is of mutual concern to the contracting parties, and WHEREAS, COUNTY and CITY mutually desire to be subject to the provisions of Tex. Rev. Civ. Stat. Art. 4413 (32c), (Vernon Supp. 1985), the Interlocal Cooperation Act and contract pursuant thereto; NOW, THEREFORE, COUNTY and CITY, for the mutual consideration hereinafter stated, agree as follows' I. The effective date of this agreement shall be the 1st day of October, 1987. II. The initial term of this Agreement shall be for the period of October 1, 1987 to and through September 30, 1988. There- after, this agreement shall be renewed for successive additional one year terms commencing on October 1 of each year if the County and the City agree in writing on or before the first day of October, to the amount of consideration to be paid hereunder for each successive term; provided, however, that each party may terminate this agreement by giving the other party written notice 0f intent to terminate sixty (60) days after such notice. III. As used herein, the words and phrases hereinafter set forth shall have the meanings as follows: A. "Emergency" shall mean any circumstances that calls for immediate action and in which the element of time in trans- porting the sick, wounded or injured for medical treatment is essential to health or life of a person or persons, and shall include, but not be limited to, the following: 1. The representation by a person requesting ambulance service that an immediate need exists for such ser- vice for the purpose of transporting a person from any location to a place of treatment and emergency medical treatment is thereafter administered, 2. The representation by a person requesting ambulance service that an ~mmediate need exists for such service for the purpose of transporting a person from any location to the closest medical facility. B. "Rural area" means any area within the boundaries of Denton County, Texas, and without the corporate limits of all incorporated cities, towns and villages within said COUNTY. C. "Urban area" means any area within the corporate limits of an incorporated city, town or village within said COUNTY other than the City of Denton. D. "Emergency ambulance call" means a response to a request for ambulance service by the personnel of CITY'S Fire Department in a situation involving an emergency (as such word is hereinabove defined) through the instrumentality of an ambulance vehicle. Within the meaning hereof, a single call might involve the transportation of more than one person at a time. IV. A..Services to be referred hereunder by CITY are ambulance services normally rendered by CITY, under circumstances of emergemcy as hereinabove defined, to citizens of rural areas of COUNTY; AMBULANCE AGREEMENT/PAGE 2 B. The CITY'S Fire Department shall respond to requests for ambulance services made within designated rural areas of COUNTY according to Exhibit A attached hereto. V. The COUNTY shall designate the County Judge to act on behalf of COUNTY and to serve as "Liaison Officer" between coUNTY and CITY. The County Judge or his designated substitute shall insure the performance of all duties and obligations of COUNTY herein stated; and, shall devote sufficient time and attention to the execution of said duties on behalf of COUNTY in full compliance with the terms and conditions of this agreement, and, shall provide immediate and direct supervision of COUNTY{S employees, agents, contractors, sub-contractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of COUNTY and CITY. VI. CITY shall insure the performance of all duties and obliga- tions of CITY as herein stated, and, shall devote sufficient time and attention to the execution of said duties on behalf of CITY in full compliance with the terms and conditions of this agreement, and, shall provide immediate and direct supervision of the CITY employees, agents, contractors, sub-contractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of t~ts Agreement for the mutual benefit of CITY and COUNTY. VII. For the services hereinabove stated, COUNTY agrees to pay to CITY for the full performance ~f this agreement, the one-time lump sum of Two Hundred Twenty Seven Thousand One Hundred and Two Dollars ($227,102,00) Dollars to be paid in equal quarterly paymemts of Fifty-six Thousand Seven Hundred Seventy-five Dollars and Fifty Cents ($56,775.50) commencin§ on October 1, 1987.' The remaining payments shall be made on or before January 1, 1988, April 1, 1988, and July 1, 1988. Payment in the amount of One Hundred Thirteen Thousand Five Hundred Fifty-one Dollars ($113,551), representing payment for the first two quarters of the term of this Agreement, shall be paid by COUNTY within two weeks of execution of this Agreement. VIII. COUNTY agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all COUNTY'S employees, and agents, COUNTY'S subcontractors, and/or contract laborers, and for those of all other persons doing work under a contract or agreement with said COUNTY. AMBULANCE AGREEMENT/PAGE 3 IX. CITY agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all of CITY'S employees, and agents, CITY'S subcontractors, and/or contract laborers doing work under a contract or agreement with CITY in performance of this agreement with said CITY. It is further agreed that if claim or liability shall arise from the Joint or concurring negligence of both parties hereto, it shall be borne by them comparatively in accordance with the laws of the State of Texas. This paragraph shall not be construed as a waiver by either,party of any defenses available to it under the laws of the State of Texas. It is understood that it is not the intention of the parties hereto to create liability for the benefit of third parties, but that this agreement shall be for the benefit of the parties hereto. X. In the event of any default in any of the covenants herein contained, this agreement may be forfeited and terminated at CITY'S discretion if such default continues for a period of ten (10) days after CITY notifies COUNTY in writing of such default and its intention to declare this agreement terminated. Unless the delfault is cured aforesaid, this agreement shall terminate and come to an end as if that were the day originally fixed herein for the expiration of the agreement. XI. ThUs agreement may be terminated at any time, by either party giving sixty (60) day advance written notice to the other party. In the event of such termination by either party, CITY shall .be compensated pro rata for all services performed to termin~tion date, together with reimbursable expenses then due and aS authorized by this agreement. In the event of such termi~ation, should CITY be over compensated on a pro rata basis for all services performed to termination date, and/or be over compensated for reimbursable expenses as authorized by this agreement, then COUNTY shall be reimbursed pro rata for all such overcompensation. Acceptance of said reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this Agreement. XII. The fact that COUNTY and CITY accept certain responsibilities relatSng to the rendition of ambulance services under this agree- ment as a part of their responsibility for providing protection AMBULANCE AGREEMENT/PAGE 4 for the public health makes it imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be, and it is hereby invoked to the extent possible under the law. Neither CITY nor COUNTY waives or shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental powers and functions. XIII. This agreement represents the entire and integrated agreement between CITY and COUNTY and supersedes all prior negotiations, representations and/or agreements, either written or oral. This agreement may be amended only by written instrument signed by both CITY and COUNTY. XIV. This agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. XV. In the event that any portion of this agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible XVI. The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the parties hereto, and each party hereby certifies to the other that any neces,sary resolutions extending said authority have been duly passed and are now in full force and effect. Executed in duplicate originals this the ~day of February, 1988. COUNTY OF DENTON CITY OF DENTON AMBULANCE AGREEMENT/PAGE 5 ATTEST. ATTEST' M~tIL~N ROBINSON -- ,/ J~NIFE~/WALTERS ~OUNTY CLERK ~ C~/fY SECRETARY APPROVED AS TO LEGAL FORM: APPROVED AS TO LEGAL FORM ROB MORRIS DEBRA ADAMI DRAYOVITCH DENTON COUNTY ATTORNEY CITY ATTORNEY AMBULANCE AGREEMENT/PAGE 6 ATTEST: ATTEST BY. MARtLYN ROBINSON JENNIFER WALTERS COUNTY CLERK CITY SECRETARY APPROVED AS TO LEGAL FORM: APPROVED AS TO LEGAL FORM' DEBRAADAMI DRAYOVITCR ROB MORRIS DENTON COUNTY ATTORNEY CITY ATTORNEY AMBULAIqCE AGREEMENT/PAGE 6 2225L RESOLUTION NO.~'~_~_ A RESOLUTION APPROVING THE ACQUISITION OF CERTAIN REAL PROPERTY BY THE DENTON CENTRAL APPRAISAL DISTRICT, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on the 25th day of January, 1988, the City Council of the City of Denton received notice from the Chief Appraiser of Denton Central Appraisal District that the Board of Directors of · A raisal District had resolved to validate the Denton Central p~ - ~ d at 3911 Morse Street, purchase of cert~zn real _e~tate ~f~e two tracts, the first Denton, Denton ~ounty,_ lgx~s, ~V~=~ Triangle Industrial Park described as Lot D nton County, Texas, ion to the oz y Phase V, an ad,it ...... ~^~ =s 1.941 acres out of Abstract and the sec~ ~rac~ Denton County, Texas, .for us~ 927A, MEP ~ FR~ ~urve~, ~A=~ _ ~'^-tral Annraisal Distrzct aha as the offices of t~ oe~e~n Cent~%~ Appraisal District, Appraisal Review Boar~ and WHEREAS, the Legislature of the State of Texas has now provided that the acquisition of real property by an Appraisal District prior to January 1, 1988, may be validated by a three-fourths vote of the governing bodies of the taxing units entitled to vote on the appointment of board members of the Appraisal District, and WHEREAS, the City Council of the City of Denton finds and believes that it would be in the best interest of the City of Denton and of the Denton Central Appraisal District for such purchase to be validated and approved, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That the purchase and ownership of such real estate located at 3911 Morse Street, Denton, Denton County, Texas, by Denton Central Appraisal District is hereby approved and validated. SECTION II. That a signed copy of this Resolution shall be promptly torwa~ded to the Chief Appraiser of Denton Central Appraisal District by the City Secretary. SECTION III. That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the /~ day of ~, 1988 ATTEST J~NIF~ALTERS, CITY-SECRETARY APPROVED AS TO LEGAL FORM: DEBRAADAMI DRAYOVITCH, CITY ATTORNEY 2227L RESOLUTION NO. ~ A RESOLUTION AUTHORIZING THE POLICE DEPARTMENT TO USE UNMARKED VEHICLES, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Article 6701m-2, V.A C S provides that upon approval of the governing body of a city, automobiles used by police offzcers need not be marked as city owned vehicles when used for the purpose of performing official duties, and WHEREAS, the City Council of the City of Denton desires to authorize the police department to use unmarked vehicles as they may deem necessary in order to facilitate police undercover work and other legitimate and official functions of the polzce depart- ment, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That pursuant to the authority granted by Article 6701m-2, V.A.C.S. approval is hereby given by the governing body of the City of Denton for the use of the Denton Police Department of unmarked vehicles for the purpose of performing official dutzes SECTION II. That the Chief of Police of the City of Denton is hereby authorized and directed to designate those vehicles for which license plates are required which will not reveal that such vehicles are owned by the City of Denton SECTION III. That this resolution shall become effectzve immediately upon its passage and approval PASSED AND APPROVED this the /~f~g~day of ~, 1988 ATTEST. J~IFE~VALTERS,-C~IT~SECRETARY APPROVED AS TO LEGAL FORM' DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY of DENTON, TEXAS PURCHASING D/VISION / 901 B TEXAS STREET / DENTON, TEXAS 7620? MEMORANDUM TO: LLOYD V. HARRELL, CITY MANAGER FROM: TOM SHAW, ASSISTANT PURCHASING AGENT DATE: FEBRUARY 8, 1988 SUB3ECT: HOUSE BILL NO. Ig3?-RELATING TO IDENTIFICATION OF CITY OWNED VEHICLES SENATE BILL NO. 763-ALIAS NAME VEHICLE REGISTRATION House Bill Number 1837 became effective September I, 19~r- The bill deals with the identification, titles and license tags for City owned vehicles and equipment, In summary I understand that all vehicles fall into two categories (1) marked, those with exempt tabs with the City of Denton and the using department displayed on the vehicle, and (2) those with standard tax free (regular) license plates and no markings, i,e Police C I.D. To operate an unmarked fleet such as Police Criminal Investigation Division the attached resolution must be approved by City Council each year and a certified copy must be onl file with the Department of Motor Vehicles. This unmarked category is further broken down to categories (A) where the master vehicle file in Austin would show the City of Denton as the owner agency, and (B) where the vehicle can be registered and licensed in an alias name therefore preventing the owner agency from being revealed upon inquiry. This category (B) would obviously apply to undercover covert law enforcement vehicles. The attached resolution, drafted by our Legal Department, is requested so as to enable us to receive renewal license stickers for the Police C.I.D. vehicles and undercover vehicles currently owned by the City of Denton. ENCL. Form 62 G Form 62 H Form D12-119 FltO 9 CITY OF DENTOI LEGAL DEPT 817/5668311 D/FW METRO 2670042 LETTER OF AUTHORIZATIO,~ For The Period of September ], 19 .., to Augugt 31, 19 is r~uthorlzod to execut~~ and (F~me of Design]ce) approve forms necessary for the acquisition of llcenge p]ateg reg- istered, ynder an allds This agel]cy ]$ aware that each time the ekecutlve administra- tor or bls duly appointed designee ~g rep½aced, a new letter of author~zation mugt be filed with the Department. Signature of Executive Administrator Hame of L~ecut~ve Administrator Title ~lame of Agency Subscribed and sworn to before me th~ day of , Notary Public NOTARY SEAL County, Texas Commission Expires on IMPORTANT: This affidavit must be signed by the executive adminis- trator of an exempt law enforcement agency. The executive adminis- trator shall be defined as the director of a federal agency, the director of the Department of Public Safety, the sheriff of a county, or the chief of police of a city. i If the proper person does not s~gn the affidavit, plate~ will not be ~ssued. Letters of Authorization are required to be f~led annually with the State Department of Highways and Public Transportation, Division of Motor Vehicles. Form 62H STATE DEPARTMENT OF HIGHWAYS ~ AND PUBLIC TRANSPORTATION DIVISION OF MOTOR VEHICLES AUSTIN, TEXAS 78779 0001 Affidav, for Regular License Plates to be Used on Exempt Vehicles Before me, the undersigned authority, personally appeared who, being,duly sworn, deposes and upon oath states that he ~s authorized to s~gn th~s afhdawt and that the vehicle(s) described on the attached apphcatlon does not carry any markIngs or ~dent~flcat~on ~nscnpt~on hawng been exempted from such requirement by e~ther Artmle 6701m-1 or Article 6701 m-2, Vernon's Texas C~wl Statutes State Agencies must complete th~s section' ~s exempt from the requirement of dmplay~ng identd~cat~on or ~nscnpt~on on exempt vehmles owned by thru agency by Artmle 6701 m-1 and has filed the required rules and regulations w~th the Office of the Secretary of State Rule No Cities or Counties must comply w~th th~s section: ./ A C~ty Councd Resolution must be filed annually w~th the Department m order to obtain regular hcense plates for c~ty vehmles A Commissioner's Court Order must be filed annually w~th the Department m order to obtain regular hcense plates for county vehmles The name of the exempt agency and the name of the person designated to apply for regular hcense plates for use on exempt vehmles must be stated ~n e~ther document THE oWNERSHIP OF THE VEHICLES REGISTERED IN THIS MANNER WILL BE RECORDED IN THE MASTER VEHICLE FILE, AND TIdE AGENCY'S NAME WILL BE AVAILABLE UPON INQUIRY. Signature Title Agency SWORN AND SUBSCRIBED TO BEFORE ME THIS DAY OF , 19__ Signature of Nota~ Public NOTARY Print Name of Notary Public SEAL Date My Commission expires STATE OF TEXAS COUNTY OF FormD12 119 Rev 12 87 2142L RESOLUTION NO ~ A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON INDEPENDENT SCHOOL DISTRICT FOR A JOINT ELECTION, AND PROVIDING AN EFFECTIVE DATE. authorizes WHEREAS, Chapter 271 of the Texas Election Code political subdivisions to conduct Joint elections, and WHEREAS, the Board of Trustees of the Denton Independent School District have requested the City Counczl of the City of held May 7, 1988, Denton to conduct its regular election to be Jointly with the School District election, and WHEREAS, the City Council, having given due deliberation to the proposal for a Joint election, is of the opinion that such 3otnt election could adequately and conveniently serve the voters of the City of Denton and facilitate the orderly conduct of such elections, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS SECTION I. That the Mayor is hereby authorized to execute " .. e Cit and the Denton Independent School an ag--reement b.e.t, ween. th ~,_ Y~^~.~ conduct of the May 7, 1988 District prov~zng ~zor. ~ _~v~ ~eoular election for tr~ustee~s regular municipal ejectz?n~a"%_~gll~ ~istrict, a copy o~ such of th~ Denton in~epe~n~.en.n o~ __~ ~-cornorated by reference agreement being attacne~ hereto ~,~ ~-" ~- herein. I. That this resolution shall take effect and be SECTION I ...... ~'s ~assage and approval. in f~ll force imme~zate~y upo~ ~ ~ PASSED AND APPROVED this the 16th day of February, 1988. ATTEST. A =RS, CItY SECRETAR? APPROVED AS TO LEGAL FORM. DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY . U " 2142L THE STATE OF TEXAS § JOINT ELECTION AGREEMENT BETWEEN THE CITY OF DENTON AND THE COUNTY OF DENTON § DENTON INDEPENDENT SCHOOL DISTRICT WHEREAS, the City of Denton, Texas ("City") will hold an election for City Council Members and Mayor on Saturday, the 7th day of May, 1988, and WHEREAS, the Denton Independent School District ("Dzstrict") will also hold an election for school trustees on Saturday, the 7th day of May, 1988, and WHEREAS, pursuant to Section 271 002 of the Election Code, the City and the District desire to enter into an agreement to hold their elections Jointly in the election districts that can be served by common polling places, NOW THEREFORE, The City and the District do hereby agree as follows I. POLLING PLACES The parties agree to hold their elections jointly in the election precincts that can be served by common polling places. Absentee voting shall be conducted for both entities by City officials at the Denton City Hall, 215 East McKinney, Denton, Texas. District polling places shall coincide with City polling places. The Election Districts and their respective polling places shall be as follows' A. District One shall include the following County election precincts and those voters residing within the following listed precincts shall vote at the American Legion Hall, 629 Lakey Street, Denton, Texas. 1. That portion of Precinct No 1-K lying north of McKinney Street, East and South of Mingo Road, West of Mockingbird Lane and North and Northwest of Audra Lane 2. Ail of Precinct 1-S in the City of Denton. 3. Ail of Precinct 1-V. 4. That portion of Precinct 1-D lying North of Interstate Highway 1-35 East. 5. That portion of Precinct 1-J lying North of Interstate Highway 1-35 East. 6. Ail of Precinct 4-L except that portion of Precinct 4-L lying south of Eagle Drive and West of Bernard Street. 7. That portion of Precinct 4-G lying East of Avenue E and North of Eagle Drive. B District Two shall include the following County election precincts and those voters residing within the following listed precincts shall vote at Fire Station No 4, 2110 Sherman Drive, Denton, Texas: 1. Ail of Precinct No. 4-H in the City of Denton. 2. Ail of Precinct 4-N in the City of Denton. 3. Ail of Precinct 1-E in the Czty of Denton. 4. Ail of Precinct 1-H in the City of Denton. 5. Ail of Precinct 1-L in the City of Denton. 6. Ail of Precinct 1-G in the City of Denton 7. That portion of Precinct 1-K lying East and South of Audra Lane and lying North of Mtngo Road. 8. Ail of Precznct 4-M in the City of Denton. 9. Ail of Precinct 1-C in the City of Denton C. District Three shall include the following County election precincts and those voters residing within the following listed precincts shall vote at the North Lakes Recreation Center, 2001 W Windsor, Denton, Texas' 1. Ail of Precinct No. 1-M in the City of Denton. 2. Ail of Precinct 4-K in the City of Denton. 3 Ail of Precinct 4-J zn the City of Denton 4. Ail of Precinct 4-F in the City of Denton. 5. Ail of Precinct 4-E in the City of Denton 6. Ail of Precinct 4-D in the City of Denton D. District Four shall include the following County election precincts and those voters residing within the following listed PAGE 2 precincts shall vote at the Denia Park Recreation Center, 1001 Parvin, Denton, Texas: 1. Ail of Precinct No 3-F zn the City of Denton 2. Ail of Precinct 3-E in the City of Denton. 3. That portion of Precinct 1-J lying South of Interstate Highway 1-35 East in the City of Denton 4. That portion of Precinct 1-D lying South of Interstate Highway 1-35 East in the City of Denton 5. Ail of Precinct 4-G, except that portion of 4-G lying south of West Oak Street, East of Avenue E and North of Eagle Drive. 6. That portion of Precinct 4-L lying South of Eagle Drive, West of Bernard Street, East of Avenue C, and North of Interstate Highway 1-35 East 7. Ail of Precinct 1-R in the City of Denton, Texas. E. The voting precincts located within the boundaries of the Denton Independent School District and not within the city limits and their respective polling places are hereby designated as follows' 1. Precincts iR, 3B, 3D, and 3G -Denta Recreation Center. 2. Precincts lB, lC, 2M, 4M and 4N Ftrestation No. 4, Sherman Drive. II. BALLOTS At each polling place a single ballot form shall be used which will show all the offices to be voted on in the elections of both parties at that polling place, provided, however, that no voter shall be provided a ballot containing any office on which the voter is ineligible to vote. In such cases, separate ballots will be provided to voters residing in areas where boundaries are not coextensive. The City Secretary of the City shall prepare the ballot for the Joint election for both parties, and shall cause to be printed and prepared the cards, inserts and other printed materzal necessary to set the ballot on the voting machines, and shall cause to be listed the names of the candidates for Trustees of PAGE 3 the Board of Trustees of the District, said list and designation to be separate and apart from the listing of the candidates for City Council of the City, which shall also be listed on the ballot. The City Secretary shall furnish a separate set of tally sheets and return forms for use by the presiding officers in the various precincts, so that the results of the election of Trustees of the District shall be returned on a separate tally sheet, placed in a separate envelope, sealed and so designated, and like- wise, the returns made by the presiding officers of the election for City Council of City shall be separately returned on separate tally sheets and in separate envelopes, sealed and designated Ail tally sheets and returns for the election of Trustees for the District shall be delivered directly to the Secretary of the Board of Trustees of the District or other chief election official of said District. Ail tabulations of the results of the election for Trustees of the Board of Trustees of the District shall be conducted by the Judge of the central counting station. After completion thereof, all such tabulations, tally sheets and returns related to the election of the Trustees of the Board of Trustees of said District and said Board will assemble such tabulations, and make the official canvass of the election and the final declaration of the results thereof. III. ELECTION OFFICERS One set of election officers shall be appointed by the City to conduct the Joint election, and any person who is qualified to serve as an election officer in the election of either one of the parties may be appointed to serve in the Joint election. The election officers shall be named and specified in the ordinance or resolution of each party calling such election. The District shall prepare its election order and forward a copy of same to the attention of the City Attorney, 215 East McKinney, Denton, Texas 76201 not later than seven (7) days prior to the meeting at which the election is to be ordered. IV. RECORDS Ail records pertaining to the election of the parties shall be combined in any manner convenient and adequate to record and report the results of each election. Returns shall be made to, and the canvass made by the governing board of each of the parties. The officer designated by law to be the Custodian of the Records for the City is hereby designated as the Custodian of the Combined Records. PAGE 4 V. EXPENSE The reasonable and necessary expense of holding said joint election will be paid by the City, except that one-half (1/2) of the expense shall be paid to the City by the District upon receipt of satisfactory billing and invoices reflecting the total of such expense. This expense shall include the hiring of a part-time clerk to assist the City Secretary with her duties while the election process is in effect This agreement shall not apply to run-off elections or bond elections held by either party. VI FILING It is understood and agreed that candidates shall file in the appropriate Jurisdiction as provided by the Election Code. VII. EFFECTIVE DATE This agreement shall become effective upon the adoption by the governing body of each of the parties of a resolution approving this Agreement and shall terminate on May 8, 1988, provided how- ever, in the event that either party shall forego a joint election despite being eligible to participate pursuant to Section 271 002, Vernon's Texas Election Code, that party shall notify the other party at least ninety (90) days prior to the election date A resolution incorporating the terms of this Agreement has been adopted by the City Council of the City and the Board of Trustees of the District, and in accordance with Section 271 002, Vernon's Texas Election Code, executed the same in..duplicate to their authority on the /~-~day of nals pursuant , 1988. CITY OF DENTON, TEXAS BY i~Y~SEcP~~-~OR ATTEST: JE~IFE~ ~ALTERS, CITY SECRETARY PAGE 5 APPROVED AS TO FORM' DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BOARD OF TRUSTEES, DENTON INDEPENDENT SCHOOL DISTRICT ATTEST: ATTORNEY FOR BOARD OF TRUSTEES DENTON INDEPENDENT SCHOOL DISTRICT PAGE 6 Next Document 2103L NO. A RESOLUTION APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND THE TOWN OF PONDER FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS, AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That the City Council of the Czty of Denton hereby approves an agreement between the City of Denton and the Town of Ponder for impoundment and disposition services for dogs and cats, a copy of which is attached hereto and incorporated by reference herein. SECTION II. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /~ day of~~,__, 1988. RAY S~PMENS, fMAYOR ATTEST J~r~Tg~ %fALTeRS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 2103L THE STATE OF TEXAS § INTERLOCAL COOPERATION AGREEMENT COUNTY OF DENTON WHEREAS, the City of Denton, Texas and the Town of Ponder, Texas are both municipal corporations with the authorzty and power to contract, and WHEREAS, the Czty of Denton zs engaged in the services of holding and disposing of dogs and cats for the benefit of the citizens of Denton, and WHEREAS, the City of Denton is the owner of certain vehzcles, facilities and equipment designed for the transporting, holding and disposition of dogs and cats and has in its employ trained personnel whose duties are related to the use of such vehicles and equipment, and WHEREAS, the Town of Ponder desires to obtain impoundment and disposition services for dogs and cats rendered by the Czty of Denton, as more fully hereafter described, for the benefit of the residents of the Town of Ponder, Texas, and WHEREAS, the provision of impoundment and disposition of dogs and cats is a governmental function that serves the public health and welfare and is of mutual concern to the contracting parties, and WHEREAS, the Town of Ponder and the City of Denton mutually desire to be subject to the provisions of Tex. Rev Civ Stat Art. 4413 (32c), The Interlocal Cooperation Act and contract pursuant thereto, NOW, THEREFORE, the Town of Ponder and the Czty of Denton, for the mutual consideration hereinafter stated, agree as follows I. A COVENANTS OF THE CITY' 1. Holdin8 of Do~s and Cats. The City of Denton agrees to accept and hold dogs and cats lawfully impounded by authorized representatives of the Town of Ponder and to accept and hold dogs and cats brought to and released to the Center from residents of the incorporated areas of the Town of Ponder under the following terms and conditions (a) Holding Period for Dogs and Cats The City of Denton agrees to hold such dogs and cats for a period of ninety-six (96) hours from the time they are accepted by the Animal Control Center, unless such animal is released to the Center by the animal's owner, in order to allow the owners of the impounded animal a reasonable amount of time to reclaim the impounded animal. If the animal is not reclaimed within the ninety-six (96) hour period, the ownership of the animal shall revert to the City of Denton and the animal will be held for adoption or humanely destroyed Animals will be humanely destroyed or placed for adoption at the dzscretion of the Animal Control Supervisor. (b) Holding Fees for Impounded Dogs. For the purposes of this Agreement, the City of Denton will charge Six Dollars ($6.00) per day holding fee for each day that an animal is held at the Center. This fee will be assessed against the owner of the animal at the time the animal is reclaimed. No animal will be released until all applicable fees are paid zn full. (c) Holding of Quarantined Animals. The City of Denton agrees to accept and hole rabid suspects in quarantine for the Town of Ponder when conditions permit, and such action is authorized by a representative of the Town of Ponder. (d) Holding Fees for Quarantined Animals. The holding fee for quarantined animals shall be Seven Dollars ($7.00) per day for each day that the animal zs held. (e) Head Shipments and Rabies Testin$. Upon request of the Town of Ponder, the City of Denton will provide for the removal and shipment of the heads of rabid suspects for clinical rabies testing at the Texas Department of Health. The fee for thzs service shall be Thirty-five Dollars ($35.00) for each head shipped B. COVENANTS OF THE TOWN OF PONDER 1. Financial Responsibtlitx. In order to reimburse the City of Denton for its costs incurred under this Agreement, the Town of Ponder agrees to pay for the holdzng fees and euthanasia fees on all dogs and cats received from the Town of Ponder or its authorized agent if the animal(s) is not reclaimed by its owner. These fees will be assessed on the following basis PAGE 2 (a) Euthantzed Animal $6.00 per day holding fee for four (4) days for each anzmal $24.00 $7.00 Euthanasia Fee $ 7.00 Total Fee $31.00 (b) Adopted Animal $6.00 per day holding fee for four (4) days for each animal $24.00 (c) Head Shipments $35.00 2. The Town of Ponder agrees payment shall be made within forty-five (45) days of receipt of invoice by the Town of Ponder II. The City of Denton agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all of the City of Denton's employees, and agents, the City of Denton's subcontrac- tors, and/or contract laborers doing work under a contract or agreement with the City of Denton in performance of this agree- ment with said City of Denton. The Town of Ponder agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all of the Town of Ponder's employees, and agents, the Town of Ponder's subcontractors, and/ or contract laborers doing work under an agreement or contract with the Town of Ponder in performance of this agreement with the City of Denton It is further agreed that if a claim for damages or liabilzty shall arise from the Joint or concurring negligence of both parties hereto, it shall be borne by them comparatively in accordance with the laws of the State of Texas. This paragraph shall not be construed as a waiver by either party of any defenses avail- able to it under the laws of the State of Texas. It is under- stood that it is not the intention of the parties hereto to create liability for the benefit of third parties, but that this agreement shall be for the benefit of the parties hereto III. The fact that the Town of Ponder and the City of Denton accep~ certain responsibilities relating to the collection and impounding of dogs and cats under this agreement as a part of PAGE 3 their responsibility for providing protection for the public health and welfare and, therefore, makes it imperative that the performance of these vital services be recognized as a govern- mental function and that the doctrine of governmental immunity shall be, and it is hereby invoked to the full extent possible under the law. Neither the City of Denton nor the Town of Ponder waives or shall be deemed hereby to waive, any immunity against or defense that would otherwise be available to it claims arising from the exercise of governmental functions IV. The term of this Agreement shall be for a period of one (1) year commencing as of October 1, 1987 and ending September 30, 1988 Thereafter, this Agreement shall be renewed for successive additional one (1) year terms commencing on October first of each year if the Town of Ponder and the City of Denton agree zn writing on or before the first day of October to a successive term and the amount of consideration to be paid hereunder for each successive term, provided, however, either party may terminate this Agreement, upon thirty (30) days written notice to the other. V This agreement represents the entire and integrated agree- ment between the C~ty of Denton and the Town of Ponder and supersedes all prior negotiations, representations and/or agreements, either written or oral. This agreement may be amended only by written instrument signed by both the City of Denton and the Town of Ponder. VI This agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. VII. In the event that any portion of this agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. VIII The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the parties PAGE 4 hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect duplicate originals this the /~ day of ~/~/~Executed in , 1988. CITY OF DENTON ATTEST. OVED AS TO LEGAL FORM. DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY TOWN OF~ ATTEST MIO~ of Ponder APPROVED AS TO LEGAL FORM. ATTORNEY FOR TOWN OF PONDER, TEXAS BY PAGE 5 2245L RESOLUTION NO.~_~ A RESOLUTION APPOINTING MEMBERS TO THE MAIN STREET COMMITTEE, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council, with the adoption of Resolution No. 88-004 on January 19, 1988, created and established a Main Street Committee, and WHEREAS, the City now wishes to appoint members to said Committee to carry out the charges set forth in Resolution No 88-004, NOW, THEREFORE, BE IT RESOLVED BY THE cOUNCIL OF THE CITY OF DENTON SECTION I. That the Main Street Committee shall initially consist of members representing the organizations for a term to expire June 30, 1990 MEMBER ORGANIZATIO~ Beautification Task Force Betty Shaw Central Business District Assoczation Bzll McClellan Floyd Hensley Cynthia Bell Geneva Berg Historic Landmark Commission Mike Cochran Denton County Historical Commission Bullitt Lowry Greater Denton Arts Council Herbert Holl North Texas Fair Association James Roden Planning ~ Zoning Commission Judd Holt Bob Woodin Chamber of Commerce Denton Chamber Small Business Task Force Connie Wells Don Hzll Commissioners Court Jerry Cott Community At-Large Alan Cole Robert "Bob" Gorton City Council Representative SECTION II That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the /J~ day of ~~_, 1988. ATTEST: J~IFER ~LTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM. DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 2230L mSO OT ON NO. /f_ff- /f A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, RECOMMENDING THE CONSIDERATION OF ENERGY CONSERVATION BUILDING STANDARDS BY THE BUILDING CODE BOARD, AND PROVIDING AN EFFECTIVE DATE. WREREAS, over the past few years, several thousand apart- ments have been built utilizing electrzc resistance heat, and WHEREAS, some residential and apartment units do not have optimum energy conservation construction, and WHEREAS, these factors result in utility customers receiv- ing high utility bills, and WHEREAS, customers appeal to city administrators who can generally only sympathize and explain the reasons for the high billing, and WHEREAS, there are more stringent energy conservation building standards available and used by many cities in Texas, and WHEREAS, the Denton Public Utzlities Board feels strongly and has recommended to the City Council that such energy conservation techniques should be considered for inclusion zn the standards and codes for housing within the City of Denton, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON SECTION I. That the City Council of the City of Denton does hereby recommend that energy conservation building stan- dards and codes, which will assure a comfortable environment at a reasonable cost, be considered by the Building Code Board. SECTION II. That the City Secretary ms hereby directed to forward a copy of this resolutzon to each member of the Building Code Board. SECTION III That this resolution shall become effective immediately upon its passage and approval. ATTEST. J~IFER~ALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM DEBRA A. DRAYOVITCH, CITY ATTORNEY 2001L RESOLUTION NO. A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM THE UTILITY SYSTEM FUND TO THE PARKS AND RECREATION DEPARTMENT AND PROVIDING AN EFFECTIVE DATE. WHEREAS, over the years, the proposed Martin Luther King Recreation Center will save a substantial amount of money by installing the proposed heating system using zone heating rather than resistance heating, and WHEREAS, the Parks and Recreation Department does not have funds available in their budget and the Utility Fund to cover the initial cost of installing zone heating, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON SECTION I. That the Executive Director of Utilities is authorized to transfer the sum of Twelve Thousand Dollars ($12,000.00) from the Electric Department cash assets of the Utility System Fund to the Parks and Recreation Department Fund SECTION II. That the Parks and Recreation Department shall transfer back to the Utility System Fund in annual installments of Two Thousand Nine Hundred Sixty-six Dollars ($2,966.00) over the next five years, commencing October 1, 1988 SECTION III That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /3~-- day of March, 1988. ATTEST' pNIF~ WALTERS, CITY SECRETARY ROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 0375L(29L) RESOLUTION NO. A RESOLUTION TEMPOP~ILY CLOSING FRY STREET BETWEEN THE INTER- SECTION OF OAK STREET AND HICKORY STREET ON SUNDAY, APRIL 17, 1988, AND PROVIDING AN EFFECTIVE DATE WHEREAS, on Sunday, April 17, 1988, the Delta Lodge is sponsoring a 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 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 Sunday, April 17, 1988, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON 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 Sunday, April 17, 1988 from 8'00 A.M. until 7 00 P.M. for the purpose of holding the Delta Lodge Spring Renaissance provided, however, that the following conditions are met by the Delta Lodge 1. The Lodge will provide someone to help keep the Grace Temple Baptist Church parking lot clear of non-church members, 2. That the Lodge will clean up after the Spring Renaissance, and 3. That no music will be played until 12:15 P.M. SECTION II. That the City Manager shall direct the appropriate City Department to erect barricades at Fry Street, from the intersection of Oak Street and the intersection of Hickory Street, at 8 00 A.M. on April 17, 1988, and to have the same removed at 7 00 P.M. on said date. SECTION III. That in the event of rain, said street may be closed on Sunday, April 24, 1988. SECTION IV. 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 ~s~=' day of March, 1988 ATTEST APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY PAGE 2 2258L RESOLUTION NO.~ ff-~/ A RESOLUTION ACCEPTING THE MINUTE ORDER NUMBER 86816 ADOPTED BY THE TEXAS HIGHWAY COMMISSION REGARDING IMPROVEMENTS TO U. S. HIGHWAY 77, FROM INTERSTATE HIGHWAY 35-N TO U. S. HIGHWAY 380, AGREEING TO BUDGET AND PROVIDE FOR THE COST OF RIGHT-OF-WAY AND UTILITY ADJUSTMENTS AND $1,000,000 TOWARD THE COST OF CONSTRUCTION AND OTHER CONDITIONS, AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES. SECTION I. That the City Council hereby accepts the Minute Order Number 86816 adopted by the Texas Highway Commission, a copy of which is attached hereto and incorporated by reference herein, in which the Highway Department determined to proceed with the reconstruction of approximately 3 7 miles of U. S Highway 77, from Interstate Highway 35-N of Denton southeast to U. S. Highway 380 SECTION II. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the/~day of ~, 1988. RAY ST~HENS, ~AYOR ATTEST APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY AND PUBLIC l~8~Pa;e 1 of ~ Paaes DENTON County MINU~ District No DALLAS (18) O~,as, Texa~ RE¢ ivEo WHEREAS, in DENTON COUNTY in the C~ty of ~nton on U.S. HIG~AY ~, from Interstate Highly 35 north of Denton south~st to U S. Hifh~y 380, a distance of approximately ? 7 miles, a reconstruction pro3eet is required~ and WH~EAS, the City of Denton has offered to provide one hundred percent of the cost of right of way and utlllty ad3ustments and has offered to provide ~t,000,000 to. rd the cost of construction; and ~FREAS, this prooect gualifies for the 19~8-92 Urban System Progr~ (Non-Major Urbanized Areas) approved th~s date by State Highway and Public Transportation C~mlssion action, NOW, ~EFORE, IT IS ORDERED that the Engineer-Director directed to tender the fo]]ow~n~ pro~sal to the C~ty of Denton. Provided the City of Denton 1 Provide one hundred percent of the cost of rlFht of ~y el~r of obstructlcns and free of cost to the State with aeguisition procedures to be in acco~ance ~th policies of the State ~partment of Highways and Public Transpor~t]cn and with applicable Federal and State laws governin~ the acguis~tion ~]ic~es for aequir~ real property. 2. Provide one hundred percent of t~ cost of utility adjustments as ~y be required in accordance with policies of the State Department of High~ys ~d Public Transpor~tion. 3. Provide $1,000,000 toward the cost of construction. STATE DEPARTMENT OF HIGHWA~ A~D PUBLIC TRANSPORTATION DENTON County MINUTE ORDER Page 2 of 3 Pages District No. DALLAS (18) 4. Provide for the cost of construction of continuous curb and gutter, storm sewers, driveways and sidewalks, etc. in accordance with applicable governin~ ~olicles and regulations of the State Department of N~ghways and Public Transportation 5. Upon completion of the construction of this project, maintain that portion of the work which ~s its responsibility in accordance with federal and state reQuIrements, and agree to regulate traffic and prevent encroachment on the right of way, all ~n accordance with governing policies and regulations of the State Department of Highways and Public Transportation The State Department of Highways and Public Transportation will 1. Provide relocation assistance as may be determined to be eligible under the Relocation AssIstance Program 2. Provide for reconstruction 3. Maintain that portion of the work which is its responsibility in accordance with present maintenance agreements. STAT~ DEPARTMENT OF HIGHWA~ AND PUBLIC TRANSPORTATION DENTON County MINUTE ORDER Page ~ of 3 Pages District No. DALLAS (18) Upon acceptance of the provisions of this Minute Order by the City of Denton~ IT IS ORDERED that the Engineer-Director is authorized to proceed in the most feasible and economical manner with project development to include any necessary agreements, right of way acquisition~ utility adjustments, relocation assistance and reconstruction at an estimated cost to the Department of ~5,136,000 to be funded from the 1988-92 Urban System Program (Non-Major Urbanized Areas). This Order shall become operative upon acceptance by the City of Denton, and if not accepted within 120 days of the date hereof, the action herein contained shall be automatically canceled. Submitted by Examined and recommended by: (Title) Administrative Assistant Approved Deputy Director Engineer-Director Minute Number 86816 Date Passed JAN 27 88 2261L RESOLUTION NO. ~ A RESOLUTION TEMPORARILY CLOSING SYCAMORE STREET ON APRIL 14, 1988, AND DECLARING AN EFFECTIVE DATE. WHEREAS, Ronald Gould representing the McConnell Hall Association has requested that Sycamore Street, from its intersection with Avenue C to its intersection with the entrance to the parking lot adjacent to McConnell Hall, a public street within the corporate limits of the City of Denton, Texas be temporarily closed to public vehicular traffic between the hours of 7 30 p.m. to 1'30 a.m. on April 14, 1988, for the purpose of having a street dance, and WHEREAS, the McConnell Hall Association has requested an extension to Section 14-21 of the Code of Ordinances to allow amplified music to be played until 1 00 a.m , and WHEREAS, Ronald Gould representing McConnell Hall has assured the City Council that all residents in such block have agreed to the temporary closing of Sycamore Street, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON SECTION I. That Sycamore Street, from its intersection of Avenue C to its intersection with the entrance to the parking lot adjacent to McConnell Hall, a public street in the corporate limits of the City of Denton, Texas, be temporarzly closed to vehicular traffic from the hours of 7'30 p.m. to 1 30 a.m. on April 14, 1988, for the purpose of having a street dance with the following conditions 1. The residents of McConnell Hall will clean up after the street dance, and 2 That no music will be played after 11'00 p.m SECTION II. That the City Manager shall direct the appro- priate City Department to work with the North Texas University Police Department to erect barricades at Sycamore Street, from the intersection of Avenue C to the intersection with the entrance to the parking lot adjacent to McConnell Hall, at 7 30 p m. and to have the same removed at 1 30 a.m. on said date. PASSED AND APPROVED this the/_~day of ~~ , 1988 ATTEST' APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY Next Document 1792L NO. A RESOLUTION TEMPORARILY CLOSING CONGRESS STREET BETWEEN ALICE STREET AND DENTON STREET ON FRIDAY, MAY 13, 1988, AND DECL~JlING AN EFFECTIVE DATE. WHEREAS, on Friday, May 13, 1988, 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 property borderzng Congress Street between the intersection of Alice Street and Denton Street is the property of Calhoun Jr. High, and WHEREAS, the Day of the Cougar fundraislng 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 6.00 p.m. on May 13, 1988, 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 13, 1988 from 3'00 p m. until 6 00 p m for the purpose of holding the Day of the Cougar fundraising event. SECTION II. That the City Manager shall direct the appro- priate City Department to erect barricades at Congress Street, from its intersection with Alice Street to its intersecgion with Denton Street, at 3'00 p.m. and to have the same removed at 6 O0 p.m. on May 13, 1988. 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 5th day of April, 1988. ~AY sTEpH~ENS ~- MAYOR ATTEST' APPROVED AS TO LEGAL FORM. DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 0500L NO. A RESOLUTION APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF LAKEWOOD VILLAGE FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS, AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That the City Council of the City of Denton hereby approves an agreement between the City of Denton and the City of Lakewood Village for impoundment and disposition services for dogs and cats, a copy of which is attached hereto and incorporated by reference herein SECTION II. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the~'~day of.~--~ , 1988 ~AY STEPHENS, MAYOR ATTEST' APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY REC£IV[ 1988 CITY OF DENTON CUSTOMER SERVIC~ THE STATE OF TEXAS § INTERLOCAL COOPERATION AGREEMENT COUNTY OF DENTON WHEREAS, the Clty of Denton, Texas and the City of Lakewood village, Texas, are both municipal corporations with the authority and power to contract, and WHEREAS, the City of Denton is engaged in the services of holding and disposing of dogs and cats for the benefit of the citizens of Denton, and WHEREAS, the Crty of Denton ls the owner of certain vehicles, facll~t~es and equipment designed for the transporting, holding and dlsposltlon of dogs and cats and has ~n its employ trained personnel whose duties are related to the use of such vehlcles and equipment; and WHEREAS, the C~ty of Lakewood v~llage desires to obtaln lmpoundment and d~sposltlOB services for dogs and cats rendered by the City of Denton, as more fully hereafter described, for the benefit of the residents of the City of Lakewood village, Texas; and WHEREAS, the prov~sron of ~mpoundment and d~spos~t~on of dogs and cats a governmental function that serves the public health and welfare and ~s of mutual concern to the contracting parties, and WHEREAS, the Clty of Lakewood Vlllage and the Clty of Denton mutually desire to be subject to the provislons of Tex. Rev ClV Stat Art 4413 (32c), The Interlocal Cooperation Act and contract pursuant thereto, NOW, THEREFORE, the City of Lakewood Village and the City of Denton, for the mutual consideration hereinafter stated, agree as follows I A COVENANTS OF THE CITY OF DENTON 1 Hold~n~ of Dogs and Cats The City of Denton agrees to accept and hold dogs and cats lawfully ~mpounded by authorized representatives of the Clty of Lakewood Village and to accept and hold dogs and cats brought to and released to the Center from residents of the incorporated areas of the Clty of Lakewood V~llage under the following terms and conditions (a) Holding Period for Dogs and Cats The C~ty of Denton agrees to hold such dogs and cats for a period of n~nety-slx (96) hours from the time they are accepted by PAGE the Animal Control Center, unless such animal is released to the Center by the animal's owner, in order to allow the owners of the impounded animal a reasonable amount of time to reclaim the impounded animal If the anamal as not reclaamed within the nanety-slx (96) hour period, the ownership of the anamal shall revert to the City of Denton and the animal wall be held for adoption or humanely destroyed Animals will be humanely destroyed or placed for adoption at the discretion of the Animal Control Supervisor (b) Holding Fees for Impounded Dogs For the purposes of t~lS Agreement, the City of Denton will charge Slx Dollars ($6.00) per day holdang fee for each day that an animal is held at the Center This fee will be assessed sgalnst the owner of the animal at the time the animal ls reclaimed No animal will be released until all applIcable fees are paid in full (c) Holding of Quarantaned Animals The Caty of Denton agrees to accept and hold rabid suspects in quarantine for the City of Lakewood Village when condltaons permit, and such action is authorized by a representative of the City of Lakewood Village (d) Holdln~ Fees for Quarantined Animals The holding fee for quarantined animals shall be Seven uollars ($7 00) per day for each day that the animal is held (e) Head Shipments and Rabies Testing Upon request of the City of Lakewood Village, the City of Denton will provlde for the removal and shipment of the heads of rabid suspects for cllnacal rabies testing at the Texas Department of Health The fee for this service shall be Thirty-five Dollars ($35 00) for each head shipped B COVENANTS OF THE CITY OF LAKEWOOD VILLAGE 1 Financial Responsibility In order to reimburse the City of Denton for its costs incurred under thas Agreement, the City of Lakewood Village agrees to pay for the holdang fees and euthanasia fees on all dogs and cats received from the incorporated areas of the Clty of Lakewood Village or its authorized agent if the animal(s) is not reclaimed by Its owner These fees will be assessed on the following basis PAGE 2 (a) Euthan~zed Animal $6.00 per day holding fee for four (4) days for each animal $24 00 $7 00 Euthanasia Fee 7 00 Total Fee $31 00 (b) Adopted Animal $6 00 per day holding fee for four , (4) days for each animal $24 00 (c) Head Shipments $35 00 2. The City of Lakewood Village agrees payment shall be made within forty-five (45) days of receipt of invoice by the City of Lakewood Village II The Clty of Denton agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all of the city of Denton's employees, and agents, the City of Denton's subcontractors, and/or contract laborers dolnq work under a contract or agreement with the City of Denton in performance of this agreement with said City of Denton The C~ty of Lakewood Village agzees to and ac6epts full responsibility for the acts, negligence, and/or omissions of all of the City of Lakewood Village's employees, and agents, the City of Lakswood Village's subcontractors, and/or contract laborers doing work under an agreement or contract with the City of Lakewood village in performance of this agreement with the City of Denton It ls further agreed that if claim or liability shall arise from the joint or concurring negligence of both parties hereto, it shall be borne by them comparatively in accordance with the laws of the State of Texas Th~s paragraph shall not be construed as a waiver by either pa~ty of any defenses available Lo it unde~ the laws of the State of Texas It is understood that it is not the Intention of the part~es hereto to create liability for the benefit of third parties, but that this agreement shall be for the benefit of the part,es hereto III The fact that the C~ty of Lakewood V~llage and the City of Denton accept certain responsibilities relating to the collection and ~mpound~ng of dogs and cats under th~s agreement as a part of their responsibility for provAdlng PAGE protection for the public health and welfare and, therefore, makes it imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental lmalunlty shall be, and it is hereby invoked to the full extent possible under the law. Neither the City of Denton nor the City of Lakewood Village waives or shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental functions. IV. The term of the Agreement shall be for a period of one (1) year commencing as of ~// /~ and ending September 30, 1988. Thereafter, thls Agreement ishafl be renewe~' for successive addltlonal one (1) year terms commencing on October 1 of each year if the City of Lakewood Village and the C~ty of Denton agree in writing on or before the first day of October to a successive term and the amount of consideration to be paid hereunder for each successive term; provided, however, either party may terminate this Agreement, upon thirty (30) days written notice to the other V This Agreement represents the entire and ~ntegrated agreement between the Clty of Denton and the City of Lakewood Village and supersedeg all pr/or negotiations, representations and/or agreements, either wrltteil or oral This Agreement may be amended only by written instrument s~gned by both the City of Denton and the City of Lakewood Village. VI Th~s Agreement and any of its terms or provisions, as well as the rights ~nd duties of the parties hereto, shall be governed by the laws of the State of Texas VII In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the part~es hereto that the remaining portlons shall remain valid and in full force and effect to the extent possi- ble PAGE 4 VIII The undersigned officer and/or agents of the partzes hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the partxea hereto, and each party hereby certzfles to the other that any necesaary resolutions extending said authority have been duly passed and are now in full force and effect /~ EXECUTED in duplicate origlnals this the i~ day of , CITY OF DENTON BY ~.~b,,-~ ~ r~ ~--~g-"~z R~AY STEPHENS, MAYOR APPROVED AS TO LEGAL FO~M, DEBRA ADAMI DRAYOVITCH CITY ~O~Y BY ~'~- APPROVED AS TO LEGA~ FO~ ATTORNEY FOR CI~ LA.WOOD VILLAGE, TEXAS / PAGE 5 City of LAKEWOOD VILLAGE P O Box 386 Lattle Elm, Texas 75068 June 3, 1988 ITY MANAGERS OFF)CE Ms. Jennifer Walters City Secretary City of Denton Denton, TX 76201 Re. Interlucal Agreement Regarding Animal Impoundment Dear Jennifer, Persuent to paragraph IV of the agreement please be advised we are notifying in writing of our intent to terminate this agreement. We will no longer require the services of the city of Denton in this matter. Thank you for your assistance. Brian G. Refoy Mayor City of Lakewood Village RECEI¥ D MAR 0 1988 CITY OF DENION 0USTOMER SERVIOE TEE STATE OF TEXAS INTERLOCAL COOPERATION AGREEMENT COUNTY OF DENTON WHEREAS, the City of Denton, Texas and the CLty of Lakewood VLllage, Texas, are both mun~¢lpal corporations wlth the authority and power to contract, and WHEREAS, the Clt~ of Denton as engaged ~n the services of holding and disposing of dogs and cats for the benefit of the citizens of Denton; and WHEREASw the Cltf of Denton ~s the owne! o~ certatn vehlcleb, fac~lltles ~nd equ~plaenL deslgned for the traesportlng, holding and disposition of dogs ~nd cats and has in ~ts employ trained personnel whose duties are related to the use of such vehicles and equipment; and WHEREAS, the City of Lakewood V~llage desires to obta%n ~mpoundment and d~sposltloB services for dogs and cats rendered by the City of Denton, as more fully hereafter described, for the bensflt of the residents o~ the City of Lakewood Village, Texas; and WHEREAS, the provls,on of lmpoundment and disposition of dogs and cats a governmental function that serves the public health and welfare and Ls of mutual concern to the contracting parties; and WHEREAS, the City of Lakewood village and the City of Denton mutually desire to be sub3ect to the provlaions of Tex. Rev Clv Stat Art 4413 (32c), The Interlocal Cooperation Act and contract pursuant thereto; NOW, TREREFORE, the Cxty of Lakewood Village and the City of Denton, for the mutual consideration hereinafter stated, agree as follows I A .COVENANTS OF THE C1TY (,V D~N~ON 1. Hold~n~ of Dogs and Cats The City of Denton agrees to accept and hold dogs and cats lawfully impounded by authorized representatlves of the City of Lakewood Village and to accept and hold dogs and cats brought to and re]eased to the Center from res~dgnts of the lncozporated areas of the Clty of Lakewood village under the following terms and conditions. (a) Nold~n~ Period for Dogs and Cats The City of Denton agrees to hold such dogs and cats for a perlod of nlnety-s~x (~6) hours from the time they are acceptgd by PAGE the Animal Control Center, unless such animal Is released to th~ Center by the animal's owner, ~n order to allow the owners of the impounded animal a ~easonable amount of time to reclaim the impounded animal If the animal is not reclaimed within the ninety-six (96) hour period, the ownership of the animal shall revert to the City of Denton and lhe animal will be held for adoption or humanely destroyed Animals will be humanely destroyed or placed for adoption at the discretion of the Animal Control Supervisor Holding Fees for ImRp_~unded Dogs For the purposes of t~ig Agreement, the City of Denton will charge Slx Dollars ($6 00) per day holding fee for each day that an animal is held at the Center This fee will be assessed against the owner of the animal at the time the animal is reclaimed. No animal will be released until all applicable fees are paid in full (¢) ~oldlng o~ Quarantined Animals The City of Denton agrees to accept and hold rabid suspects in quarantine for the City of Lakewood Village when conditions permit, and such action is authorized by a representative of the City of Lakewood Village (d) Ho~dln~ Fees for Quarantined Animals The holding fee for quarantined animals shall be Seven uollars ($7.00) per day for each day that the animal is held (e) Head Shipments and Rabies Testln~ Upon request of the C~ty of Lakewood Village, the City of Denton will provide for the removal and shipment or the heads of rabid suspect~ for clinical rabies testlng at the Texas Department of Hea~th The fee tot this service shall be Thlrty-f~ve Dollars ($35.00) for each head shipped COVENANTS OF THE CITY OF LAKEWOOD VILLAUE 1. Financial Responslblllt~ In order to rel~tburse the City of Denton for its costs incurred under this Agreement, the City of Lakewood Village agrees to pay for the holding fees and euthanasia fees on all dogs and cats received from the ~ncorporated areas of the City of Lakewood Village or its authorized agent if the animal(s) is not reclaimed by its owner These fees will be assessed on the following basis PAGE 2 (a) Euthanlzed Animal $6 00 per day holding fee for four (4) days for each animal $24 00 $7,00 Euthanas/a Fee 7 O0 Total Fee $31 00 (b) Adopted Animal $6.00 per day holding fee for four (4) days for each animal $24 00 (c) Head Shipments ~35 00 2. The City of Lakewood Village agrees payment shall be made wlthln forty-five (45) days of receipt of invoice by the City of Lakewood village II The City of Denton agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all of the City of Denton's employees, and agents, the City of Denton's subcontractors, and/or contract laborers do,hq work under a contract or agreement with the City of Denton in performance of this agreement with sald City of Denton The City of Lakewood Village agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all of the City of Lakewood Village's employees, and agents, the City of Lakewood Village's subcontractors, and/or contract laborers doing work under an agreement or contract with the City of Lakewood village an performance of this agreement with the City of Denton It is further agreed that if claim or liability shall arise from the joint or concurring negligence of both parties hereto, at shall be borne by them comparatively ~n accordance wlth the laws of the State of Texas. Th~s paragraph shall nol be construed as u waxver by either party of any defenses available ~u it u~d~£ the laws of the State of Texas It is understood that at is not the lntent~on of the parties hereto to create l~ability for th~ benefit of third parties, but that thls agreement shall be for the benefit of the parties hereto III. The fact that the City of Lakewood village and the City of Denton accept certain responsibilities relating to the collection and ~mpoundlng of dogs and cats under this agreement as a part of the~ responsibility for provAdlng protection for the pum£lc health and welfare and, therefore, makes It imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be, and it iS hereby invoked to the full extent possible under the law. Neither the City of Denton nor the City of Lakewood village waives or shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims ar/sing from the exercise of governmental functions. IV. The term of the Agreement shall be :or a period of one (1) year commencing as of ~/I/~ and ending September 30, 1988. Thereafter, this Agreem~n~ shall be renewed for successive additional one (1) year terms commencing on October 1 of each year if the City of Lakewood Village and the City of Denton agree in writing on or before the first day of October to a successive term end the amount of consideration to be paid hereunder for each successive term; provided, however, either party may terminate this Agreement, upon thirty (30) days written notice to the other. V This Agreement represents the entire and integrated agreement between the City of Denton and the City of Lakewood Village and supersedes all prior negotiations, representations and/or agreements, either written or oral This Agreement may be amended only by written ~natrument s~gned by both the City of Denton a~d the City of Lakewood Village VI This Agreement and any of its terms or provisions, as well as the rlqhts and duties of the parties hereto, shall be governed by the laws of the State of Texas. VII In the event that any portion of this Agreement shall be found to be contrary to law, it le the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possi- ble PAG~ 4 extending ~eo~d au~hO~ ~ve ~a ~ ~ the ~ ~y o~ .... ~, ~' ~ CI~ ~ P~O~ ~ 2273L RESOLUTION NO.~ A RESOLUTION ADOPTING POLICY NO. 112 03 "RETIREMENT", AND PROVID- ING FOR AN EFFECTIVE DATE. 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. SECTION I. That the following policy, attached hereto and made a part hereof, is hereby adopted as an official polzcy of the City of Denton, Texas: 112.03 Retirement SECTION II. That 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. That the above-referenced policy adopted by reso- lution of the City Council on July 2, 1985 is hereby rescinded to the extent it conflicts with the foregoing policy and with any administrative procedures and directives issued under the authority of the City Manager implementing the policy hereby adopted. SECTION IV. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the.~4~day of April, 1988. v ~,AY STEPHENS i -MAYOR ATTEST' J~IFE~WATLERS, CITY SECRETARY APPROVED AS TO LEGAL FORM' DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON FAOE OF POLIOY/&DMII~ISTRATIVI PRO(~EDVBB/ADMI~ISTR&TIYB DIRBGTIYE I REFERENCE SECTION NUMBER PERS01~NEL/EMPr.OYEE RELATIONS 112 03 EFFECTIVE DATE SUB~ECT SEPARATION REPLACES TITLE RET T I~r4EI~,'T POLICY POLICY STATEMENT City of Denton employees may choose a retirement date regardless of age 8nd free of any influence because of his/her a~e ADMINISTRATiYE PROCEDURES 1. Employees ~ho have ~tt~/ned the specified age ~d yeare of credited eervtce, as outlined In the provisions of the Texas ~untctpal RetireMnt System or other applicable retirement system, may retire ffrom emplo~nt with the City of Denton at ~ ~e 2 ~ employee who Met8 the applicable retirement cr[teri8 and has uhosen to retire ~8t not~fy his Department Director ~d the Director of Personnel/Employee Relations in writins of 8uoh decision thirty (30) days prior to the effective ret~reMnt date This procedure will ensure an appropriate time for ~rrans[ns retirement outprocess[ns ~d provide the C~ty ~ Opportunity to recruit for ~d fill the position beins vacated 0~715 03/18/88 1833L RESOLUTION NO.~~ A RESOLUTION TEMPORARILY CLOSING THE 100 BLOCK OF NORTH ELM STREET, 100 BLOCK OF WEST OAK STREET, 100 BLOCK OF NORTH LOCUST STREET AND 100 BLOCK OF WEST HICKORY STREET ON SEPTEMBER 10, 1988, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Central Business District was once the social and commercial center of Denton County, and WHEREAS, the merchants and professionals who continue to serve the people of Denton from within this historic district wish to commemorate the spirit and tradition of its past, and WHEREAS since 1896, the "Court Square" area was transformed each Saturday from the seat of county government into the social gathering place for its citizens, and WHEREAS, that structure which remains the historical and sentimental center of our county has undergone a restoration which will insure its continuing presence as a familiar landmark on the Denton horizon, and WHEREAS, the Denton County Courthouse on the Square has reopened its doors to a proud public, and WHEREAS, all abutting merchants and professionals surrounding the area have given their permission to the temporary closing of said streets, and WHEREAS, County Seat Saturday is open to the general public of the City and County of Denton, and WHEREAS, in order to provide adequate space for County Seat Saturday, a celebration, and in order to protect the safety of citizens who attend, the City Council of the Czty of Denton deems it is necessary to temporarily close the 100 Block of North Elm Street, 100 Block of West Oak Street, 100 Block of North Locust Street and 100 Block of West Hickory Street, comprising the "Courthouse Square", from the hours of 6 00 a.m. until 7 00 p m. on September 10, 1988, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON SECTION I. That the 100 Block of North Elm Street, 100 Block of Wes't Oak Street, 100 Block of North Locust Street and 100 Block of West Hickory Street, comprising the "Courthouse Square", shall be temporarily closed as public streets or thoroughfares of any kznd or character whatever on September 10, 1988 from 6 00 a.m. until 7.00 p.m. for the purpose of holding "County Seat Saturday" SECTION II. That the City Manager shall direct the appro- priate City D~partment to erect barricades at the 100 Block of North Elm Street, 100 Block of West Oak Street, 100 Block of North Locust Street and 100 Block of West Hickory Street, at 6.00 a m and to have the same removed at 7 00 p.m. on September 10, 1988 SECTION III. 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 September 10, 1988 SECTION IV. 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 5th day of April, 1988. ATTEST APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY PAGE 2 2095L RESOLUTION NO ~z~'~ A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF DENTON, TEXAS TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND SAMMONS COMMUNICATIONS, INC. GRANTING A LICENSE FOR THE USE OF CERTAIN ELECTRICAL DUCT SYSTEM, AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON SECTION I. That the Mayor is authorized to execute an agreement between the City of Denton and Sammons Communications, Inc. for the purpose of granting Sammons a license for a period of fifteen (15) years to utilize the cable duct system around the Downtown Square, under the terms and conditions contained in said agreement, which is attached hereto and made a part hereof SECTION II. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /~day of ~ , 1988 ATTEST: J~iFEP~WALTERS, - CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CABLE DUCT USE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND SAMMON$ COMMUNICATIONS, INC. 2095L TABLE OF CONTENTS Article Pase I. Definitions 1 II. Scope of Agreement 2 III. Application for Permission to Install Cable 3 IV. Specifications 4 V. Installation and Maintenance of Cable and Duct 4 VI. Rights-Of-Way, Legal Authority and Default 5 VII. Fee 6 VIII. Term and Termination of Agreement 6 IX. Force Majeure 7 X. Indemnity and Insurance 7 XI. Limitation on Assignment and Transfer 8 XII. Supplemental Operating Routines or Working Practices 9 XIII. Notice 9 Attachment Exhibit A Drawing No. P U.E.D 132 Revision Level 0, Dated June 24, 1985 Attachment Exhibit B Drawing No. P.U.E D 133 Revision Level 0, Dated June 24, 1985 Attachment Exhibit C Drawing No P U E.D 134 Revision Level 0, Dated June 26, 1985 Attachment Exhibit D Drawing No. P U E.D. 135 Revision Level 0, Dated July 5, 1985 2095L CABLE DUCT USE AGREEMENT This Cable Duct Use Agreement made and entered into effec- tive and operative as of the __ day of , 1988 by and between the City of Denton, Texas, a Home Rule Municipal Corporation, hereinafter referred to as "Licensor," and Sammons Communications, Inc., a Texas Corporation, hereinafter referred to as "Licensee," WITNESSETH WHEREAS, Licensee is franchised to furnish CATV Service (as hereinafter defined) to residents of Denton, Texas and is the assignee of and bound by a certain "CATV POLE LEASE AGREEMENT" dated the 7th day of May, 1979, between the Licensor and Golden Triangle Communications, which permits the Licensee to attach equipment necessary to the provision of CATV Service to Licensor's electric utility poles, and WHEREAS, Licensor has caused poles to be removed and underground cable duct to be installed for the purpose of distribution of electricity in the area commonly known as "The Square" and further defined in Exhibit A, Drawing No. P.U.E.D. #132, Revision Level 0, Dated June 24, 1985, Exhibit B, Drawing No. P.U E D. #133, Revision Level 0, Dated June 24, 1985, Exhibit C, Drawing No. P.U.E D. #134, Revision Level 0, Dated 3une 26, 1985, Exhibit D, Drawing No. P.U.E D #135, Revision Level 0, Dated July 5, 1985, and WHEREAS, Licensor has dedicated a duct within Licensor's System of Ducts to be used for CATV Service to subscribers in said area and is willing to permit, to the extent it may lawfully do so, the use of said duct by Licensee where, in Lzcensor's Judgment, such use will not interfere wzth its own service requirements or, as it may be advised, the service requirements of the Joint Users, present or future, including consideration of economy and safety NOW, THEREFORE, in consideration of the mutual covenants, terms and conditzons herein contained, the parties hereto do mutually covenant and agree as follows ARTICLE I DEFINITIONS 1. Ail references herein to "Licensor's Duct" or "Licensor's System of Ducts" or "Licensor's Duct System" shall mean duct and related appurtenances consisting of vaults, manholes, 0unction boxes, and pull boxes solely owned by the Licensor, Jozntly owned by Licensor, or duct rented or obtained through other arrangements by Licensor from another owner. 2. All references herein to "Joint User" shall mean (1) a company or municipality which together with Licensor has a percentage ownership in a duct or system of ducts, (2) a public utility company or municipality which has use privileges for Licensor's duct, or (3) a public utility company which owns duct for which Licensor has use privileges 3. Ail references herein to "CATV Service" shall mean all services provided by Sammons Communications as defined in its franchise agreement with the City of Denton 4. Ail references herein to "Licensee's Cable" shall mean the coaxial cable or Cables and associated joinzng fittings used as the transmission medza for CATV Service. 5. Ail reference herein to "Licensee's Equipment" shall refer to amplifiers, power supplies and other similar support equipment that is not suitable for inclusion zn duct system manholes, vaults, Junction boxes and pull boxes. ARTICLE II SCOPE OF AGREEMENT 1. Licensor hereby agrees to license and permzt Licensee to route Licensee's Cable, for the primary purpose of furnishing CATV Service in accordance wzth its franchzse, within the area commonly known as "The Square," and further defined by Exhibits A, B, C and D, to such of Licensor's Duct System of as are, zn the Judgment of the Licensor, suitable and available for such cable, subject to conditions and limitations contazned herein 2. Licensee agrees that only cable shall be routed through Licensor's Duct and related manholes, vaults, pull boxes and junction boxes and that Licensee shall install Licensee's Equipment in above ground locations sited to prevent interference with Licensor's access to said manholes, vaults, pull boxes and Junction boxes 3 Licensee agrees that this Agreement extends only to the use of the Licensor's Duct System as defined on Exhibits A, B, C, and D, and that Licensee agrees to secure and maintain from the proper franchising authority, a franchise to erect and maintain its equipment within public streets, highways and other thoroughfares provided such franchising authority exists, PAGE 2 and shall secure any and all consents, permits or licenses that may be required by law for its operations. 4. Licensee agrees to assist zn and bear the expense of securing any consents, permits or licenses that may be required by Licensor by reason of this Agreement. ARTICLE III APPLICATION FOR PERMISSION TO INSTALL CABLE 1. At least thirty (30) days prior to the time Licensee desires to install cable in Licensor's Duct System, it shall make written application to Licensor Lzcensor shall review Licensee's application and upon approval, shall supply Licensee written approval to proceed with installation 2. Upon receiving such written approval but not sooner, Licensee shall have the right, sub3ect to Article IV herein, to install, maintain and use Licensee's Cable described in sazd application in ducts identified therein, provided that Licensee shall complete each installation within one (1) year from date of said approved application, provided however, that before commencing any such installation, Licensee shall notzfy Licensor at least five days in advance of the time when it proposes to do such work and, in the event Licensor elects to have its representative present, Licensee shall reimburse Licensor for the cost and expense thereof. 3 Where costs are involved in the rearrangement of Licensor's Duct or other facilities to accommodate Licensee's Cable, the Licensor shall notify Licensee of these estimated costs and Licensee shall notify the Licensor in writing that actual costs will be paid by Licensee to effect such rearrange- ment. Licensor shall then make said changes and rearrangements, at Licensee's sole risk and expense, and upon completzon shall notify the Licensee that installatzon of cable may proceed 4. Licensee shall not have the right to place, nor shall it place, any of Licensee's Equipment zn Lzcensor's System of Ducts and its associated manholes, vaults, pull boxes, and Junction boxes, and shall install only the Lzcensee's Cable and fitting required for its termination and assembly or connection within the duct system Licensee's Equipment necessary for the full operation of and delivery of CATV Service shall be constructed, housed, or mounted external to Licensor's System of Ducts 5 Licensee shall not change the position of any cable routed through Licensor's Duct System without Licensor's prior PAGE 3 written approval. The provisions of this Article shall not restrict the attachment of service drops from Licensee's Cable installed in the Licensor's System of ducts ARTICLE IV. SPECIFICATIONS 1. Licensee, at its own cost and expense, shall construct, maintain and replace Licensee's Cable in accordance with (i) such requirements and specifzcations as Licensor shall from time to time prescribe, (ii) in compliance with any rules or orders now in effect or that hereafter may be issued by a regulatory Commission or other authority having Jurisdiction, and (iii) the requirements and specifications of the Natzonal Electrical Safety Code, 1987 Editzon, and any subsequent amendments or revisions of said specifications or code. ARTICLE V INSTALLATION AND MAINTENANCE OF CABLE AND DUCT 1 Upon written notice from Licensor, Licensee shall, within thirty (30) days of receipt of such notice, relocate or replace Licensee's Cable or transfer the same to a substitute duct system or perform any other work in connection with said Cable that may be requested by Licensor, at Licensee's sole risk and expense, provided, however, that in cases of emergency, Licensor may, at Licensee's sole risk and expense, arrange to relocate or replace the Licensee's Cable, transfer said Cable to a sub- stitute duct system or perform any other work in connection with said Cable that may be required in the maintenance, replacement, removal or relocation of said duct system, for the service needs of Licensor. 2 No additions to, or change of locations of Licensee's Cable in Licensor's Duct System shall be undertaken without the prior written consent of Licensor, except in cases of emergency, when Licensee must obtain oral permzssion from Licensor-s authorized representative, presently designated as the Czty of Denton, Director of Utilities and subsequently confirmed in writing. 3. Licensee shall, at its sole risk and expense, maintain all of Licensee's Cable in Licensor's Duct System in safe condition and thorough repair Licensor or its agents shall be sole judge of suitability of such condition and repair 4. Licensor reserves to itself, its successors and assigns the right to maintain Licensor's Duct System and to operate its facilities therein in such manner as will best enable it to PAGE 4 fulfill its public service requirements. Licensor or the Joint Users will make every reasonable effort to prevent interruption to the service of the Licensee but shall not be liable to Licensee for any interruption to the service of Licensee or for interference with the operation of the Licensee's Equipment 5. Nothing in this Agreement shall be construed to obligate Licensor to grant Licensee permission to use any particular duct and Licensor at its discretion may revoke permission therefore granted to Licensee with respect to any particular duct if Licensor can make a substitute duct system available. If such permission is refused, Licensee is free to make any other arrangement not prohibited under the terms of this Agreement it may wish to provide for Licensee's Cable at the location in question. 6 Whenever, pursuant to the provisions of this Agreement, Licensee shall be required to remove Licensee's Cable from any duct, such removal shall be made, except as otherwise specifi- cally provided, within thirty (30) days following the giving of notice to Licensee to so remove. Upon failure of Licensee to remove Licensee's Cable within such thirty (30) days or as otherwise required, Licensor may remove Licensee's Cable and charge all costs associated with said removal to Lzcensee ARTICLE VI. RIGHTS-OF WAY, LEGAL AUTHORITY AND DEFAULT 1 In the event any such franchzse, license, permit or consent necessary for the lawful provision of CATV Service is revoked or is hereafter denied to Licensee for any reason, permission to route Licensee's Cable through Licensor's Duct System shall immediately terminate, Licensee shall, within a reasonable time, remove Licensee's Cable from Licensor's Duct system and Licensor, at its option, may forthwith terminate this Agreement. 2. Upon notice from Licensor to Licensee that the cessation of the use of any duct system has been requested or directed by Federal, state or municipal authorities, permission to route Cable through such duct system shall immediately terminate and Licensee shall forthwith remove Licensee's Cable therefrom 3. If Licensee shall fail to comply with any of the provisions of this Agreement, including the specification heretofore referred to, or defaults in any of its obligations under this Agreement, and shall fall within thirty (30) days after written notice from Licensor to correct such default or noncompliance, Licensor may, at its option PAGE 5 a) forthwith terminate this Agreement in its entirety, or~ b) at its election, revoke the permit covering the duct or ducts involved in such default or noncompliance, or ~ c) at Licensor's option, obtain service of an attorney to institute suit of other judicial proceeding to remedy any default by Licansee in its performance of the covenants, terms and conditions of this Agreement Licensee expressly agrees that it shall pay reasonable attorney's fees and expenses of such legal counsel. ARTICLE VII FEES 1. For the privilege of placing and maintaining Licensee's Cable in Licensor's Duct System as shown on Exhibits A, B, C and D, Licensee shall pay an initial fee of $18,000, and the sum of $20 00 per year for the next fourteen (14) years, due and payable on October 1, of each year. 2. No additional fees will be paid by Licensee during the term of this Agreement except as provided elsewhere herein 3. Payment of the $18,000 fee shall be made within thirty (30) days of the execution of this agreement. Failure to pay such amount when due shall constitute a default under this Agreement. ARTICLE VIII. TERM AND TERMINATION OF AGREEMENT 1. This agreement, if not previously terminated in accord- ance with the provisions hereof, shall continue in effect for a term of fifteen (15) years and thereafter until terminated as provided herein. The Agreement may be terminated at the end of said term or at any time thereafter by either party giving to the other party at least (90) days written notice. Upon termination of the agreement, Licensee shall remove Licensee's Cable for the Licensor's Duct System within thirty (30) days of the effective termination date. 2. Licensee may at any time remove Licensee's Cable from Licensor's Duct System but shall immediately gzve Licensor written notice of intent of such removal and Licensee's zntent PAGE 6 to terminate this Agreement. No credit or refund of any fee shall be allowed Licensee on account of such removal 3. This Agreement shall be subject to termination by Licensor without notice, or, where circumstances permit, upon five (5) days written notice to Licensee, upon ob0ection being made by or on behalf of any governmental authority asserting prior jurisdictions thereof. ARTICLE IX. FORCE MAJEURE If either party is rendered unable, wholly or in part, by force majeure or other causes herein specified, to carry out its obligations under this Agreement, other than the obligation to make payment of amounts due hereunder, it zs agreed that on such party's giving notice and reasonable full particulars of such force majeure in writing to the other party within a reasonable time after the occurrence of the cause relied on, then the obligations of the party giving such notice, so far as they are affected by such force majeure or the causes herein specified, shall be suspended during the continuance of any inability so caused, but for no longer period, and such cause shall so far as possible be remedied with all reasonable dispatch For purposes of this Article, force majeure means any cause or event not reasonably within the control of either party, including without limitation the following acts of God, strikes, lockouts, orders of any kind of the government of the United States or of the State of Texas or of any of their departments, agencies or officials, or civil or military auth- orities, insurrections, civil disturbances, epidermis, land- slides, lightning, earthquakes, fires, hurricanes, tornadoes, storms, typhoons, cyclones, waterspouts, floods, washouts, arrests, restraints of government and people, explosions, breakage or accident to machinery and transmission lines or poles. ARTICLE X. INDEMNITY AND INSURANCE 1. Licensee shall indemnify, protect and hold harmless Licensor and other Joint Users of said duct system from and against any and all loss, costs, claims, demands, damage and/or expense arising out of any demand, claim, suit or Judgment for damages to property and injury to or death of persons, including the officers, agents and employees of either party hereto and other Joint Users of said duct system, including payment made PAGE 7 under any Workers' Compensation law and under any plan for employees' disability and death benefits, which may arise out of or be caused by the erection, maintenance, presence, use or removal of Licensee's Cables or by the proximity of the respec- tive cables, wires, apparatus and appliances of the parties hereto or other Joint Users of said duct system, or arising out of an act or omission of alleged act or omission of Licensee, including any claims and demands of customers of Licensee 2. Licensee shall carry insurance, at its sole cost and expense, to protect the parties hereto and other Joint Users of sazd duct system from and against any and all such claims and demands and from and against any and all actions, judgments, costs, expenses and liability of every name and nature which may arise or result, directly or indirectly, from or by reason of the acts or omissions of Licensee hereunder and irrespective of any fault, failure, negligence or alleged negligence in the part of Licensor or of any or the Joint users of said duct system. The minimum amounts of such insurance are set out in Section 27-58 of Ordinance No. 78-21 of the City of Denton Ordinances, and the Licensee will comply with the provisions of that section, and as the same may be amended Licensee shall promptly advise the authorized representative or Licensor of all claims relating to damage to property or injury to or death of persons, arising or alleged to have arisen in any manner by, or directly or indirectly associated with, the erection, maintenance, presence, use or removal of Licensee's property. 3 Licensee shall exercise special precautions to avoid damage to facilities of Licensor and or the Joznt Users in said ducts and hereby assumes all responsibility for any and all loss for such damage, Licensee shall make an immediate report to Licensor of the occurrence of any such damage and hereby agrees to reimburse Licensor for the expense incurred in making repairs necessitated thereby. ARTICLE XI. LIMITATION ON ASSIGNMENT AND TRANSFER 1. Licensee shall not assign, transfer or sublet this Agreement, or any of the privileges hereby granted to it, without the prior written consent of Licensor. Provzded, however, that Licensor's consent shall not be required to place a mortgage or lien upon the facilities of Licensee for the purpose of financing the installatzon, improvement, maintenance or extension of its system. 2. No use, however extended, of Licensor's Duct System under this Agreement shall create or vest in Licensee any ownership of PAGE 8 property right in Licensor's Duct System, but Licensee's rights therein shall be and remain nothing more than a License. Nothing herein contained shall be construed to compel Licensor to maintain any of its duct system for a period longer than that demanded by its own service requirements 3 Nothing herein contained shall be construed as affecting the rights or privileges prevzously conferred by Lzcensor to others, by contract or otherwise, to use any ducts covered by this Agreement, and Licensor shall have the right to continue to extend such rights or privileges, the use privileges granted hereunder shall at all times be subject to such contracts and arrangements and nothing contained herein shall be construed as affecting the right of Licensor to grant use privileges to such other parties as it may desire to do so 4. Failure to enforce or znsist upon complzance with any of the terms or conditions of this Agreement shall not constitute a general waiver or relinquishment of any such terms or conditions, but the same shall be and remain at all times in full force and effect 5. Subject to the provisions of paragraph 1 of this Article, this Agreement shall extend to and bind the successors and assigns of the par.ties hereto. 6. Nothing contained herein shall be construed as affecting the rights conferred or exercised by the parties under present or future governmental authority or regulation ARTICLE XII SUPPLEMENTAL OPERATING ROUTINES OR WORKING PRACTICES 1. Nothing in the foregoing shall preclude the parties to this Agreement from preparing such supplemental operatzng routines or working practices as they may mutually agree to in writing to be necessary or desirable to effectively adminzster the provisions of this Agreement. ARTICLE XIII. NOTICE 1. Any notice provided in this Agreement to be gzven by either party hereto to the other shall be deemed to have been duly given when made in writing and deposited zn the United States Mail, postage prepaid, addressed as follows PAGE 9 TO LICENSEE. TO LICENSOR Sammons Communications, Inc. City of Denton 205 Industrial Attn Director of Utilities Denton, Texas 76201 215 East McKinney Denton, Texas 76201 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the day and year first above written. CITY OF DENTON, TEXAS, LICENSOR ATTEST: AFPROVED AS TO LEGAL FORM. DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY SAMMONS COMMUNICATIONS, INC. , LICENSEE ATTEST : S~RETARY PAGE 10 2283L RESOLUTION NO.~~__ A RESOLUTION ADOPTING POLICY NO. 104.02 "PROBATIONARY PERIOD", AND POLICY NO. 109 02 "DEMOTIONS", AND PROVIDING FOR AN EFFECTIVE DATE. 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 SECTION I. That the following policies, attached hereto and made a part hereof are hereby adopted as official policies of the City of Denton, Texas 104.02 Probationary Period 109.02 Demotions SECTION II. That 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. That 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. That this resolution shall become effective immediately upon its passage and approval. ATTEST RAYS~~ J~IFER~AETERS, CITY SECRETARY APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON POLIOY/ADiMXI~IBTRATXVB PROOIEDURB/ADMINIBTRA?IV1E ~EFE~E~CE SECTION NUMBER SUBJECT TITLE R6P~CES ~ROBA~IONARY PERIOD POLICY 5TATE~4ENT: Every person appointed to a resul&r position (full-tine and part-tiM) in the service of the City sh&ll be required to successfully complete a probationary period oF 8ix (6) months. Durin8 the probationary period, the supervisor slmll closely observe and evaluate the work of all new employees and enoourase their effective 8d~ustnent to the position by providinE necessary trainins and orient&tion. The p~rpose oF the proposed policy is to &llow the employee's supervisor: 1) to tr~int instruct, review, 8nd counsel the employee in the operations oF the department, the expectations oF the supervisor, and the perForm&nee level requi~ed; and 2) to point out and correct inadequate performance ADMIN~STRATIYE PROCEDURES At least ten (10) ~orkins days prior to the completion oF the employee's probationary period, the employee's supervisor shall assess his per- ,FO.l~_~.~ce to determine the advisability oF continued employment. The ,supervisor shall then prepnre a status change resardins the end oF the Iprobationo~y period or the te~nination oF emplo~nent containins docu- mentation as to 8n~ performance evaluation or reasons For termination This data shall be Fo~rded to the Personnel Director to be planed in the employee's official File. II. No employee m~y have his or her probationa~y period extended An employee ~ho leBves a resular position ~lth the City and is reemployed Isbell 8eryc the six (6) months probationary period. ~II. tA~y employee (re8ardless oF the six-month probationary period) will have the opportunity to apply For promotion or transfer. I¥. Civil Servine employees are Soverned by Section 1~3 of the Local Government Code, Ye~non~s Codes Annotated. This statute is available For review in the Denton Public Library and the Departments oF Fire, .Police, 8nd Personnel/Employee Relations PAGg 2 OF 2 POLIC¥/ADMINISTItATIVB PROCBDURB/ADMINISTRA?IVB DIRBCTIVIt (Continued) REFERENCE TITLE NUMEER iDRt"tRA'PTf~I~AR¥ PRR'~OI) ].04 02 An employee who leaves a resular position with the City in order to actively serve in the Armed forces for not more than four years (unless extended at the request of the Government), satisf&ctorily complete8 hi8 period of active service, 8nd nmke8 an application for reemployment with the City within ninety (90) days after completion of military service shall be reemployed to a position for which he is qualified at the pay level he would have obtained (exoluding any increases based on work perform&nee) had he not entered military service In addition, service credit and seniority as it relates to vacation, lonsevity, ~nd sick leave earned prior to and not compensated for at the time off termination will be restored The conditions of the preceedins parasr&ph will be applied as required by applicable federal and state laws 0250g 03/24/88 CITY OF DENTON oF POLI~Y/ADMINIE?R&?IYB PRO(~BDURU/ADMINIS?RA?IYR DIRRGTIVE ~EFE~ENCE {FFECTIVE DAT~ POLICY 8TATF3~NT Involuntar~ demotion us,V be considered when an euployee f&lls to satisfX the require{ments and perfo~r~A_~oe standards established for a position, but is able to function produotivel~ in another c&paoity Voluntary demotion may be requested by an employee, but approval is at the disoretlon of the Department Director upon consultation with the Director of Personnel/Employee Relations Department. Voluntary demotion most be in the best interost of the City of Denton &nd the specific department(s) involved before &pprov&l i8 Eranted ADMINISTRATIVE PROCEDURES: Definition: A demotion is a move to a position with less responsibility and a lower salary r~nse The followins points, factors and circumstances most be er&lusted prior to & final decision: [, Demotions will be accomplished &fret careful and thorouEh review of an employee's qualiftc&tions, work history, and documented performo~ce appraisals Demotion should not be considered unless the employee b&s been informed of, and understands those standards established for the position, and h&8 been counseled and siren sufficient time to correot_any exlstins deficienotes. Demotions shall t~ke effect as soon as is practical without undue disruption or lnter~uption of departmental oper&tion. W. Demotion is not saner&lly used aea disciplinary measure, but rather as a teohnique to place employees unable to perforu duties of the position tn one better suited to their &bllities v. ~han an involuntary demotion ts proposed, the Department Director shall afford the employee a due process he&tins in acoordance with the Administrative Guidelines contained in the Appeals Policy 109 02. Policy 109 ol resardlna disciplin&ry aotion and Policy lO~ 06 reEardins transfers nuy provide additional lnfomstion. O020k 03/25/88 2286L RESOLUTION NO A RESOLUTION ADOPTING POLICY NO. 109.01 "DISCIPLINARY ACTION" AND POLICY NO. 109.03 "APPEAL", AND PROVIDING FOR AN EFFECTIVE DATE 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 Czty, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON SECTION I. That the following policies, attached hereto and made a part h~reof are hereby adopted as official policies of the City of Denton, Texas: 109.01 Disciplinary Actzon 109.03 Appeal. SECTION II. That the foregoing polzcies are attached hereto and made a part hereof and shall be filed in the official records with the City Secretary. SECTION III. That the Employee Rules and Regulations of 1976 adopted by Res0'~ution 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. That this resolution shall become effective imme~iately upod its passage and approval. PASSED AND APPROVED this the/~, day °f z~~ .' 1988 ATTEST: APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON PAGE or REFERENCE SECTION NUMBER PERSONNEL/I~MPLOYRE RELATIONS 109 O1 EFFECTIVE DATE SUBJECT DISCIPLINARY POLICY TITLE DISCIPLINARY ACTION POLICY STATEMENT It is the policy of the City of Denton to maintain an effective, productive, and disc~plined work force in order to deliver quality and adequate services to the ~itizens of Denton Each employee is responsible for performing his Job in a safe, productive, and effective way and within the instructions and standardB established by hie supervisor In addition, employees are expected to maintain acoeptable standards of conduct in their employment Supervisors are responsible for instructing employees in Job duties and responsibilities and communicating performance standards for the Job Supervisors accomplish this through Job orientation, Job instruction, coaching and informal discussions with the employee The policy of the City of Denton is to assist employees in correcting unsatisfactory performance of duties or unsatisfactory standards of conduct through a progressive disciplinary program Disciplinary actions should be communicated in a respectful, nonthreatening manner that emphasizes the employee,s responsibility in correcting an unsatisfactory performance problem or personal action. Disciplinary actions should focus on communicating the expectedmchanges in an employee's behavior, needed improvement and/or change in unsatisfactory performance of duties or standards of personal conduct Disciplinary actions are designed to be administered in a fair and equitable manner, to promote fair treatment of all employees and to prevent impulsive and unreasonable supervisory action An employee may be disciplined for any conduct prohibited by federal, state, or local law, City Charter, City Code, Personnel Policies or Procedures, Administrative Directives or Written Rule Those employees governed by the provisions of Chapter 143 of the Texas Local Governmeat Code, the City Manager, City Attorney, Municipal Judge, Assistant Judge, pFobationary, temporary, or seasonal employees shall be exempted for the application of this policy. However, an opportunity for a response and hearing shall be afforded such employees when the conduct charged has been publicized to the extent that the reputation of the employee is brought into dispute or the conduct charged constitutes the exercise of a constitutional right Page 2 , 14 POLICY[ADMIMISTRATIYE PROCEDURe/ADMINISTRATIVE DIRECTIVE (Continued) [REPERENCE TITLE' DISCIPLINARY ACTION [NUMBER: 109 O1 ADMINISTI~ATIVE PROCEDURES I INTRODUCTION These administrative procedures are established to provide appropriate guidelines in carrying out the policies of the City of Denton regarding the progressive disciplinary program They are intended to address general application of the principles of fair disciplinary actions in typical situations Disciplinary actions should recognize the importance of the City's responsibility to provide quality service delivery to the citizens. These procedures address a broad range of performance of duties and conduct problems However, they are not intended to address every problem or situation which might arise It is the responsibility of the supervisor to determine the nature, extent, facts and circumstances in each disciplinary action and use Judgment in the application of these policies and procedures If an employee demonstrates unsatisfactory performance of duties or unsatisfactory conduct problems, disciplinary actions are designed to help the employee correct the problem and build a renewed commitment to the City and his Job in a fair, equitable and consistent manner Definitions for purposes of these Procedures shall be as follows Whenever the term "Director of Personnel/Employee Relations or designee" or "authorized representative of the Department of Personnel/Employee Relations" is used, it shall mean the Director of Personnel/Employee Relations, or, upon his absence or act of designation, the Personnel Analyst/Trainer or the Personnel Specialist Whenever the term "supervisor" is used, it shall mean that person to whom an employee reports and who is responsible for hiring the employee and administering performance evaluations and disciplinary actions for that employee Whenever the term "supervisor's manager" is used, it shall mean that person to whom an employee's supervisor reports II GENERAL CRITERIA TO BE CONSIDERED IN DISCIPLINARY ACTIONS The primary objective of the progressive disciplinary program is to assist the employee in correcting a work related problem The Supervisor will consider the following criteria in determining what disciplinary action is to be taken under the progressive disciplinary program. pOLICy/AI)~?~?~TRATXV~ pROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) [RgPEP,~NCE [NUNBER' 109 O1 TI~Lg' DISGIPLINARY ACTION ~ i Severity and kind of offense(s) 2 Impact of the offense(s) on other employees, the City and citizens Employee's length of service and work record Period of time since discussion with the employee about a similar problem or recent disciplinary action for the same or similar problem 5 Pazt disciplinary actions taken by the City for the same or similar problem All or a combination of the following disciplinary measures may be taken depending upon the particular circumstances surrounding the employee's conduct If a supervisor determines that the nature, severity and impact of the employee's action(s) require more severe disciplinary action than the progressive steps outlined in this policy and procedure, he should thoroughly investigate the situation, discuss it with his immediate supervisor and an authorized representative of the Personnel/Employee Relations Department and obtain approval of his Department Director and the Director of Personnel/Employee Relations prior to taking any action Any approved disciplinary action recommended will be administered according to the procedures outlined The employee's rights to a hearing and appeal will remain in effect and carried out as the appropriate procedures indicate III RESPONSIBILITY AND AUTHORITY FOR ADMINISTERING DISCIPLINARY ACTIONS Iff~nediate supervisors are responsible for enforcing all City policies and procedures, accomplishing the goals and objectives of a division or department and maintaining the work performance, attendance and conduct standards among their employees They are vested with the authority to take appropriate disciplinary action under the directions and guidelines set forth in these procedures 1. The City Manager, an Executive Director, Department Director, division manager, or supervisor may issue an oral or written reprimand to an employee under his responsibility for unsatisfactory performance of duties or unsatisfactory conduct 2. The City Manager, an Executive Director, a Department Director, or division manager may place an employee on a disciplinary progress period, suspend an employee without pay or dismiss an employee, upon the recommendation of a supervisor and after approval of an POLICY~!~ISTRATI~ PROCEDURe/ADMINISTRATiVE D~R~CTIVE (Continued) TITLE: DISCIPLINARY ACTION INUMBER 109 O1 authorized representative of the Personnel/Employee Relations Department An employee will Be Eiven the riEht to a hearinE before the reconenendin~ supervisor's manaEer prior to any formal action bein~ taken 3. Prior to any disciplinary action heine administered, the supervisor will conduct a thorouEh examination of the situation Before deciding to reco~enend any disciplinary action All disciplinary actions for written reprimands, suspensions, disciplinary progress periods and terminations will be properly documented, substantiating the action being taken and copies of documents required by this policy will be included in the department and Personnel/Employee Relations Department files 5. If a serious problem arises endangerinE the safety, health, or life of the employee, another employee, citizen or if in the Judgment of the supervisor, the employee problem is unmanageable, a supervisor has authority to proceed immediately to place the employee on administrative leave with pay The supervisor will immediately notify his manager and the Director of Personnel/Employee Relations or his designee This will allow time to investigate, determine appropriate action and discuss alternate actions prior to formal action being taken. 6. The City Manager shall have authority to discipline an Executive Director, Director, or other direct reporting subordinate Executive Directors shall have the authority to discipline a Director or other direct reporting subordinate IV DESCRIPTION OF PERFORI~RCE OF DUTIES AND PERSONAL CONDUCT SUBJECT TO DISCIPLINARY ACTION Coaching and informal discussions are everyday responsibilities performed by supervisors to ensure employees are performinE their Jobs and conducting themselves in an acceptable manner If a work performance, attendance, or conduct problem arises, the supervisor will coach and informally discuss the problem with the employee The objective is to assist the employee in recognizing that a problem exists and develop effective solutions to correct the problem Normally, the employee corrects most problems in this manner However, when informal discussions fail to bring about the appropriate changes in the employee's behavior, formal proEressive disciplinary action may Be taken for unsatisfactory performance of duties or unsatisfactory personal conduct as described herein The following lists of actions Page 5 pOhiCy/A~MINISTRATIVg PROCEDUP~/ADMINISTRATIVE DI~CTIVE (Continued) TITHE' DISCIPLINARY ACTION [N~ER' 109 O1 are intended to be descriptive and serve only as a guide to the types of problems for which disciplinary action may be appropriate Disciplinary actions should address two general categories performance of duties and personal conduct A. Perfomuance of duties The following are examples relating to unsatisfactory performance of duties for which disciplinary action may be taken I Incompetency in the performance of duties The fact that any employee is deemed competent at the time of employment shall not preclude a JudEment of incompetency as the result apparent unwillingness to perform assigned tasks, being absent without leave or demonstrating unnecessary absence from the assiEned work area during assigned hours of work Other methods of proof of incompetency shall include repeated oral and written disciplinary actions for minor infractions policies, rules, regulations, manuals, or directives, or repeated oral and written disciplinary actions demonstratin~ the employee's inability to meet performance standards 2 Failure to satisfactorily meet performance standards for the position Patterned absenteeism without sufficient medical Justification Absence without approved leave § Tardiness, as an habitual pattern or failure to report for duty at the assigned time and place Violation of written departmental regulations regarding the performance of duties 7 Careless, negligent or improper use of City property or equipment 8 Improper use of leave privileges 9. Discourteous treatment of the public or other employees 10 Neglect or carelessness in the performance of duties Page. 6 pOLICY/AD~_!~T~TRATIVE PROCgDURE/AD~iINISTRATIVE DIRECTIVg (Continued) [ l~gFgRgNCg TITLE' DISCIPLINARY ACTION 11 Failure to meet or maintain specified conditions of employment, such as failure to obtain or m~intain a license or certificate required as a condition for performing a Job 12. Negligently causing damage to City property 13 Causing or contributing to an accident by operating City equipment in an unsafe or unauthorized manner B Personal Conduct The following are examples relating to personal conduct for which disciplinary action ma~ be taken The list is not intended to be all inclusive It does describe examples of conduct which management believes are unacceptable and could Jeopardize an employee's continued employment Examples are 1. Theft of, aiding in, or encouraging the theft of cash, City property or equipment 2 Destroying City records without authorization Falsifying City records, including application for employment or medical information or other information concerning employment status. Willful damage to public property or willful waste of public supplies, service, or equipment 5 Insubordination' the refusal to perform a reasonable, lawful, safe and proper work assignment, duty or task from an authorized supervisor Dispensing, using and/or possessing any illegal controlled substance during the performance of Job duties, on the Job site or on City property 7 Physical assault committed on the Job upon a City employee, member of the public or City official 8. Using an official position or office for economic gain or soliciting favors or gratuities for performing services required by the employee's position 9 Disclosing information as defined by statute to be confidential Page POLICY/ADMINIS?~A~TVg PROCEDUI~/ADMINISTRATIVg DIP~CTIVg (Continued) IP~P~PXNCm TITLe' DISCIPLINARY ACTION 10 Unauthorized use or possession of City funds 11 Unlawful possession or use of dangerous weapons, such as firearms or knives on the Job 12 Using threats against another employee or a member off the public 13 gnga~ing in any employment activity or enterprise which constitutes a conflict of interest 14 Usin~ City property or equipment without authorization 15 Dereliction of duty' Dereliction of duty on the part of any employee, detrimental to the proper performance of the functions of the City, is cause for disciplinary action The following subsections constitute dereliction off duty (a) Failure of a supervisor to immediately take action when a violation of policies, rules or regulations comes to his/her attention, regardless of the supervisor's or violator's assignment or position in the City (b) Failure to observe and give effect to the policies of the employee's department or the City (c) Failure to deliver to the offtc£al City custodian any property found by, confiscated by, or relinquished to employees of the City without undue delay and, in any event, before the work dny is ended 16 Reportin~ for duty under the influence of drugs, alcohol or a controlled substance as defined by the Controlled Substances Act, art 4476.13, Vernon's Ann Civil Statutes, as amended 17 Misusing or failing to use delegated authority in the performance of duties 18. Using abusive language toward employees or the public 19 Unnecessarily disrupting the work of other employees Operating or conducting gambling on the Job or on City property 21 Drinking alcoholic beverages during working hours Page 8 1~ POLICY/A~!~STRATI¥~ PROCEDUI~[ADMiNISTRATIVE DII~CTIVE (Continued) TITLE: DISCIPLINARY ACTION [NUMBER 109 01 22 Violating safety rules or practices which endanEer the employee or others or dame~es City property or equipment PlayinE tricks or Jokes or enEaging in horseplay on the Job MakinE deroEatory racial, age, ethnic or sexist remarks while on duty 25 gnEaElnE in personal business while on duty without authorization of his supervisor 26 Failure to report damaEe to City equipment or property of others 27 AppropriatinE City property, i e equipment, furniture or construction materials which have been abandoned or discarded 28 UtilizinE City data or information systems for any reason other than City business 29 Sleeping on the Job. 30 Falsely reportinE illness or injury, or otherwise attempting to deceive any official of the City as to a health or medical condition V DISCIPLINARY SEQUENCE The following progressive steps of discipline outlined below should be applied to an employee whose performance of duties or personal conduct is unsatisfactory The policy of progressive discipline shall in no way prevent the supervisor from taking appropriate disciplinary action when the severity of the violation(s) warrants such action A Reprimands 1 Oral Reprimand (The first step in the pro~ressive disciplinary sequence ) a The supervisor shall discuss the situation with the employee in private and make every effort to discover the reason(s) for the employee's performance and advise the employee of the necessary chanEes in his behavior to correct the problem Page 9 1~ POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE' DISCIPLINARY ACTION [NUMBER 109 O1 b. A report concerning the discussion and specific actions and agreements to correct the problem will be prepared by the supervisor for inclusion in the employee's department or division personnel file c. The report will remain in the department or division personnel file unless the report is needed to substantiate subsequent disciplinary action 2 Written Reprimand (The second step in the progressive disciplinary sequence ) a Any supervisor in the employee's chain of cormuand may issue a subordinate employee a written reprimand consistent with the followins format In the event that the reprimand is issued by someone other than the employee's direct supervisor, a report of such action shall be made to the direct supervisor The written reprimand shall be issued when the employee has demonstrated an inability to perform his Job duties, or has had more than two absences or minor personal conduct problems. An employee who demonstrates significant inability to perform his duties or a serious personal conduct problem may be issued a written reprimand without having been issued an oral reprimand or having discussed the problem with his supervisor A written reminder or reprimand should include the following information: 1 The cause for the reprimand and the specific reason(s) supporting the action, including previous oral reprimands or informal discussion for the same or other violations 2 The effective date or dates of the reprimand The specific change in behavior expected by the supervisor 4 The time frame allowed for improvement to occur b A copy of the report shall be forwarded immediately to the employee's official file in the Personnel/ Employee Relations Department, the supervisor's immediate superior and the employee Page 10 ~ 1~ pOhiCY/ADMINIST~?¥E PROCEDU~/ADMINISTRATIVE DIP~CTIV~ (Continued) TITHE: DISCIPLINARY ACTION INUMBER. 109 O1 B Disciplinary ProEress Period 1 Differences in the nature of the work unit, type of work performed, the type of performance problem and the severity of the impact on the organization, require that different disciplinary actions be available that are responsive to both the needs of the employees and the needs of the organization When oral or written reprimands have been unsuccessful in bringing about the desired solution to an employee's unsatisfactory performance of duties, the supervisor may recommend either of two alternative disciplinary actions as the next step in the progressive disciplinary process a disciplinary progress period for up to 90 days or a suspension without pe4~ for up to 30 days 2 When the Job performance of an employee falls below the acceptable level, supervisors should point out deficiencies to the employee at the time they are observed An employee who continues to perform below the acceptable level may be placed on a formal program designed to improve performance The supervisor shall communicate this to the employee orally and by presenting him with a memorandum including the following The specific deficiencies observed in the employee's performance of duties b The actions necessary to bring about improvement c The period of time in which improvement must occur d The specific dates and times during this period at which the supervisor shall meet with the employee and discuss his progress in improving his perform&ncc e What further action will result if the employee fails to show satisffactory improvement The memorandum will be signed by both the employee and the supervisor The employee should understand that his signature indicates receipt of the document only, not necessarily acceptance of its contents If the employee refuses to sign, the supervisor should have a witness sign that a copy was given to the employee The original memorandum shall be maintained within the department, a copy given to the employee and one placed in the employee's permanent personnel file maintained in the Personnel Department. If an employee falls to demonstrate the necessary improvement as required in the memorandum upon completion of the disciplin&ry progress period, the options available to the supervisor will include reassignment, demotion or dismissal of the employee 4 If an employee demonstrates sufficient improvement as required in the program, the supervisor will discuss the improvements with the employee and monitor the employee's performance § Nothing shall preclude a supervisor from proposing disciplinary action when &n employee commits an act of serious personal misconduct even though the employee is completing a disciplinary progress period C. Suspension Without Pay 1 If an employee's conduct is unsatisfactory or oral and written reprimands have been unsuccessful in bringing an employee's performance of duties to a satisfactory level or a serious performance problem exists, a supervisor may recommend a suspension without pay for up to 30 days The length of the suspension will be determined by the nature and severity of the conduct, impact on the organization and previous disciplinary actions No disciplinary suspension or combination suspension will exceed 30 working days in one calendar year All proposed suspensions without pay will require the approval of the Director of the Personnel/ Employee Relations or his designee 2. The supervisor will recommend to his supervisor a suspension using the following guidelines a the cause(s) £or the recommended action and the specific reason(s) supporting the action, b previous informal discussions, coaching, oral or written reprimands that have been given to the employee, c actions the employee has or has not taken to correct the behavior outlined in 2b 3 The supervisor shall present the employee with a memorandum setting forth the reasons for the proposed suspension The recommending supervisor's manager (Hearing Official) will conduct a hearing according to the guidelines in Sec VI and Page 12 POLIC¥/AD~TNT~RATIYE PHOC~DURE/ADMiNIST~TYE DIRECTIVE (Continued) [Nm~BER lO90l TITLE: DISCIPLINARY ACTION render a decision based upon the evidence presented at the hearing The employee will be notified in writing of the decision of the Hearing Official This memorandum will explain specific actions the employee is to accomplish in order to correct performance deficiencies, or where appropriate, personal conduct If the decision of the Hearing Official is to reduce the disciplinary action recommended by the supervisor, an appropriate explanation will be provided to the supervisor ~nd employee An employee who is suspended shall have the right to appeal the action in accordance with the Appeal Policy 109 03 Dismissal - The final step in the progressive disciplinary sequence 1 When an employee's unsatisfactory performance of duties continues at an unacceptable level or an employee has committed an act of misconduct determined to warrant dismissal, a supervisor may recommend to his supervisor that the employee be dismissed from employment with the City of Denton Dismissal is considered an extremely serious matter and will normally be recommended only after all above alternatives have been exhausted if the employee's performance of duties continues to be unsatisfactory However, in special or unusual circumstances when an instance of serious misconduct has occurred, this action may be recommended above all other actions outlined in this policy and procedure A supervisor recommending a dismissal must provide clear, specific and detailed Justification for an action of dismissal Ail dismissals will have the approval of the Director of Personnel/Employee Relations Ail dismissals will afford the employee a hearing as outlined in these procedures The supervisor will recommend to his manager a dismissal using the following guidelines a. Provide documentation of the specific unsatisfactory performance of duties and/or unsatisfactory conduct including, if applicable' specific dates, times and actions that were communicated to the employee to correct the problem(s); previous informal discussions and coaching, oral and/or written reprimand(s), disciplinary progress periods or suspension(s) without pay that have communicated to the employee the seriousness of the problem(s) and specific agreements by the employee to correct the problem(s). b Cite specific actions demonstrating the employee has not been successful in correcting the problem(s) Page 13 ° 1~ POLICY~ADN~NISTRATIV~ pROCeDURe/ADmINISTRATIVE D~I~CTIVE ~Con~lnued) IREFERENCN ]NUNBER 109 O1 TITLE: DISCIPLINARY ACTION j 2 The supervisor shall present the employee with a memorandum settinE forth the reasons for the proposed dismissal The recommending supervisor's manager (HeartnE Official) will conduct a hearing accordinE to the procedures outlined in Section VI and render a decision based upon information presented at the hearing and communicate to the employee, in writing, the decision and specific reasons for the decision The employee will be notified of out-placement procedures and oounselin~ available through the Personnel/Employee Relations Department If the decision of the HearinE Official is to reduce the proposed disciplinary action, an appropriate explanation will be provided the supervisor and employee 3 An employee who is dismissed shall have the right to appeal the action in accordance with the Appeal Policy 109 03 VI HEARING All employees, except as exempted from this policy, will be afforded the right to a hearing for an~ proposed action of suspension without pay or dismissal from employment with the City of Denton The hearinE will be conduoted by the employee's supervisor who recommends the disoiplinar¥ action, or Department Director, or Executive Director or City Manager, where appropriate The following Euidelines will be followed in conducting a hearinE 1. An authorized representative of the Personnel/Employee Relations Department will be involved and approve the proposed action prior to ~ hearing being conducted or action taken 2 An authorized representative of the Personnel/Employee Relations Department will be present durinE any hearinE 3 The employee will be given a written memorandum proposing the disciplinary action and the reasons therefore at least two (2) working d~ys prior to the hear~n~ date The employee w~ll receive written explanation of the hearXn~ offfXcer's decision ~d reasons within a reasonable tlme period 5. The employee has the right to waive, without duress or influence, his right to a hearin~ and may indicate such waiver on the memor~dum settin~ fforth the proposed suspension or d~smissal 6 ~y employee who Xs reoo~ended flor a suspension without pay or dismissal will also be afforded a right of appeal as detailed in the Appeal Policy 10~.0~ VII RIGHTS OF TEMPORARY, SEASONAL AND PROBATIONARY E~IPLOY~ES A Except as provided in section (b) below, a probationary, temporary or seasonal employee may be disciplined or dismissed without being afforded the right to a hearing B. If the conduct giving rise to the discipline or dismissal falls within one of the following categories, hearing and appeal procedures shall be afforded (1) If the conduct serving as the basis for the proposed action constitutes the exercise of a constitutional right, and if the department attempts to discharge the probationary, temporary or seasonal employee for this activity The department ~ust demonstrate that the exercise of the constitutional right has resulted in an impairment of the efficiency of the City (2) If it has been reconunended that the probationary, temporary or seasonal employee be dismissed and the conduct charged has been publicized to the extent that the good hems, reputation, honor or integrity of the employee is brought into dispute Exemples include but are not limited to' dishonesty, criminal activity, i~oral conduct or incompetency ~on~ the purposes of affordin~ hearin~ and appeal rights are to permit the probationary, temporary or seasonal employee to record for future emplo~ent any facts in mitigation of the alleged conduct and to refute or rebut public allegations oonoern~n~ the conduct 07210 04/12/88 CITY OF DENTON PA E POLICY/ADM,INISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER SECTION PERSONNEL/EHPLOYEE RELATIONS 109 03 EFFECTIVE DATE SUBJECT DISCIPLINE AND SEPARATION POLICIgS REPLACES TITLE APPgAL POLICY S~ATEMENT: It is the policy of the City of Denton to give individual employees an opportunity to appeal disciplinary dismissal, disciplinary suspensions or demotions Appeals are designed to be heard according to prescribed guidelines as set forth in the following Procedures The appeal process is designed to assure that the employee has a responsive forum to guard against biased or arbitrary decisions Those employees governed by the provisions of Chapter 145 of the Texas Local Government Code, the City ~nger, City Attorney, Municipal Judge, Assistant Judges, probationary, temporary or seasonal employees shall be exempted from the application of this policy However, an opportunity for a response and hearing shall be afforded such employees when the conduct charged has been publicized to the extent that the reputation of the employee is brought into dispute or the conduct charged constitutes the exercise of a constitutional right ADMINISTRATIVE PROCgDUREH I General Appeal Inform~tion A. An employee who chooses to appeal a disciplinary action may have a representative assist, accompany or represent him/her at any step during the appeal process B. Since it is important that appeals be resolved as rapidly as possible, time limits, as set out in the following paragraphs, shall be considered a maximum and every effort shall be made to expedite the process However, the limits may be extended or shortened at any or all steps if both parties agree in writing In the event either party cannot a~ree, the Director of Personnel shall have the discretion to shorten or extend the time limits In the event the last da~ of a time limit falls on a weekend or a City holiday, the time limit shall include the next working day In all instances, consecutive working days will be counted (excluding Saturday, Sunday, and City holidays) in arriving at the length of the time interval Page 2 ~ pOLiCyt~nMTM~STRATIVE PROCEDURE~ADM!~RAT~VE DIRECTIVE (Continued) INUHBER 109 O~ TITLE. APPEAL I C. An appeal not responded to within the time limits prescribed by the appropriate representative at each step shall be considered a violation of this policy for which the representative ra~V be subject to disciplinary action D. All appeals must be in writing on Discipline Appeal Forms (a copy of which is attached hereto) and must be presented to the Personnel Department An employee shall choose whether he desires to pursue an informal appeal or the formal appeal process and shall indicate his choice on the Appeal Form All decisions rendered in response to appeals must be in writing to the employee, either in memorandum or letter format E. An employee who files an appeal must inform the Personnel/Employee Relations Department in writing of his correct mailing address and telephone number Failure to provide current mailing address and telephone information may result in administrative closure of the appeal F. An employee who perceives that he has been coerced or forced to resign at any time any investigative action or any administrative action is taken or pending may exercise the rights to appeal provided for herein. G. Any party to an appeal may request procedural assistance from a designated representative of the Personnel/Employee Relations Department at any time during the appeal process Informal Appeal Process A An employee who has been demoted, suspended or dismissed may request an informal appeal before the hearing official's manager The hearing official is that supervisor who conducted the hearing or would have conducted the hearing described in Section VI of the Disciplinary Action Policy 109 01 B Appeals from Executive Directors and Directors may be heard as prescribed by the City Charter C The employee must make the request for the informal appeal in writing within 10 days after receiving notification of an action taken The ~ritten request must set forth the specific reasons why the employee feels the action is not Justified D The employee shall waive his right to the formal appeal process Page ~ ~ pOLXCY/AD~X~XSTRATXVg PROCgDUR~/ADNXNXSTRATX¥~ DXRECTXV~ (Continued) ~NU~BgR 109 03 TITLg APPgAL [ E A decision will be rendered by the manager hearing the appeal and con~uunicate to the employee in writing within 30 days of the employee's request for an appeal F. The decision of the manager hearing the appeal shall be final and the employee is not entitled to further appeal the disciplinary action III Formal Appeal Process A. An employee who has been demoted, suspended or dismissed may request a formal appeal before the hearing official's manager The hearing officer is that supervisor who conducted the hearin~ or would have conducted the hearing described in Section VI of the Disciplinary Action Policy 109 O1 B. Formal appeals by Executive Directors and Directors may be heard as prescribed by City Charter A formal appeal is a structured, procedural hearing requiring City representatives to present evidence, introduce witnesses, and prove facts to support Justification of the action taken against the employee The employee or his representative has the right to present evidence, introduce witnesses and prove facts to support that the action is unjustified Each party is entitled to legal representation The formal appeal will be heard by the manager according to guidelines outlined in Appendix A D The employee must make the request for the formal appeal to the Director of Personnel/Employee Relations in writing within 10 days after receiving notification of an action taken The written request must set forth the specific reasons why the employee feels the action is not Justified E. A decision will be rendered by the manager hearing the appeal and communicated to the appealing employee in writing within 30 days The decision of the manager hearing the appeal will be final and the employee is not entitled to further appeal Appeal Rights of Temporary, Seasonal and Probationary Employees A Except as provided in Section 2, below, a probationary, temporary or seasonal employee may be suspended without pay, demoted, or dismissed without being afforded appeal rights Page ~ ~ POLICY~AI~HINISTRATIVg pROCgDU~/AI)~I~!~TI~TIV~ DIREC~XVg (Continued) TITLg APPEAL ] B. If the conduct giving rise to the suspension, demotion, or dismissal falls within one of the following categories, appeal procedures shall be afforded 1 If the conduct constitutes the exercise of a constitutional right, and if the department attempts to take an action against the employee for this activity The department must demonstrate that the exercise of the constitutional right has resulted in an impairment of the efficiency of the City 2 If it has been reconunended that the employee be suspended, demoted or dismissed and the conduct charged has been publicized to the extent that the good name, reputation, honor, or integrity of the employee is brought into dispute Examples include, but are not limited to, dishonesty, criminal activity, immoral conduct or incompetency Among the purposes of affording appeal rights are to permit the probationary, temporary or seasonal employee to record for future employment any facts in mitigation of the alleged conduct and/or refute or rebut public allegations concernins the conduct 20?lJ 03/21/88 Next Document 2320L RESOLUTION NO. ~ A RESOLUTION TEMPORARILY CLOSING NORTH LAKE TRAIL ON MAY 22, 1988, AND DECLARING AN EFFECTIVE DATE. WHEREAS, Jim Engelbrecht representing the reszdents of North Lakes Neighborhood Association has requested that North Lake Trail, from its intersection with Auburn to its intersection with Bowling Green, a public street within the corporate limits of the City of Denton, Texas be temporarily closed to public vehicular traffic between the hours of 1'00 p.m. to 8 00 p.m. on May 22, 1988, for the purpose of having a block party, and WHEREAS, Jim Engelbrecht representing the residents of North Lakes Neighborhood Association has assured the City Council that all residents in such block have agreed to the temporary closing of North Lake Trail, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON SECTION I. That North Lake Trail, from its intersection of Auburn 'to its intersection with Bowling Green, a public street in the corporate limits of the City of Denton, Texas, be temporarily closed to vehicular traffic from the hours of 1.00 p.m. to 8.00 p m. on May 22, 1988, for the purpose of having a block party. SECTION II. That the City Manager shall direct the appro- priate City Department to work with the North Lakes Neighborhood Association to erect barricades at North Lake Trail, from its intersection of Auburn to its intersection with Bowling Green, at 1 O0 p.m. and to have the same removed at 8 00 p.m on sazd date PASSED AND APPROVED this the~day °f ~ , 1988. YOR ATTEST' APPROVED AS TO LEGAL FORM' DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 2306L RESOLUTION NO.~__~_~/ A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT AN AMENDMENT TO THE FINAL STATEMENT OF OBJECTIVES AND PROJECTED USE OF FUNDS SUBMITTED JUNE 16, 1987 TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WITH APPROPRIATE VERIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas, is concerned with the development of viable urban communities, includzng decent housing, a suitable living environment and expanded economic opportunities, and WHEREAS, the City of Denton, Texas, has a speczal 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 third year entitlement funds in the approximate amount of $557,384.00, and WHEREAS, the City of Denton, Texas, had previously allocated an approximate amount of $100,000 of the entitlement funds for funding the construction of Martin Luther King, Jr. Community Center sidewalks and parking lots, and WHEREAS, the City of Denton, Texas, now desires to reallocate an approximate amount of $100,000 of the Martin Luther King, Jr. sidewalk and parking lot funds for the purpose of purchasing major equipment items and fixtures for the Martin Luther King, Jr Community Center, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON SECTION I. That the City Council of the C~ty of Denton, Texas, authorizes the City Manager to sign and submit to the Department of Housing and Urban Development an amendment for the reallocation of funds to the 1986 Final Statement that was previously submitted for a grant application and approprzate assurance 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 Executive Director of Planning and Community Development to handle all fiscal and administratzve matters related to the amended final statement SECTION III. That this resolutzon shall become effective immediately upon its passage and approval. SECTION IV. That the City Secretary is hereby authorized to furnish copies'~f this resolution to all interested parties. PASSED AND APPROVED this the /~ay of ~, 1988 ATTEST IFEI{~LTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM DEBRA A. DRAYOVITCH, CITY ATTORNEY BY / 2302L RESOLUTION NO.~~--~~ A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING A CONTRACT WITH THE TEXAS DEPARTMENT OF COMMERCE TO RECEIVE FUNDING FOR AND ADMINISTER THE TEXAS RENTAL REHABILITATION PROGRAM, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton has applied for and been awarded Rehabilitation Program (TRRP) contract by the a Texa~ Re~ta~ ~ mmerce ursuant to Section 301 of the Texas oeparnm~n~ ~ ~o~m ..... r~.PAct of 1983, ana Housing and UrDan-~ura~ ~v~ WHEREAS, the City of Denton is required to enter into a contract with the Texas Department of Commerce in order to receive funds for and administer TRRP, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON the City Counczl hereby approves the SECTION I. That nton and the Tex~S attached contract between the City of De the and authorizes the Mayor to execute Department of Comme~ce ..... cessarv to receive funding co~tract and any ot~er ag~e~%~=Rmhab~lztation Program. for and to administer the T~xa~ PASSED AND APPROVED this the f~day of ~, 1988 ATTEST. APPROVED AS TO LEGAL FORM' DEBRA ADAMS DRAYOVITCH, CITY ATTORNEY 2300L RESOLUTION NO.~~ A RESOLUTION ACCEPTING THE REPORT OF THE BLUE RIBBON TASK FORCE FOR THE BEAUTIFICATION OF THE CITY INSOFAR AS THE sAME RELATES TO THE MAJOR ROADWAYS COMPRISING ENTRANCES TO THE CITY AND BEAUTIFI- CATION OF THOSE ENTRANCEWAYS, DESIGNATING SAID ENTRANCEWAYS AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on January 6, 1987, the City Council of the City of Denton created a Blue Ribbon Citizen's Task Force for the Beautification of the City, and WHEREAS, the Task Force, as part of its studies, viewed and inspected the various streets and highways comprising entrance- ways to the City of Denton, and WHEREAS, the Task Force discussed and reviewed the need for improvements to such entrances through various beautification efforts, and WHEREAS, the Task Force identified the entrances to the City of Denton and has recommended to the City Council that emphasis should be placed on the beautification of certain entranceways, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON SECTION I. That the portions of the following named streets which the C'{ty limits are identified as the ma3or entranceways of the City of Denton for purposes of promoting and encouraging beautification 1-35 North 1-35 West 1-35 East U.S Highway 77 (Old Sanger Road) FM 2164 (Locust Drive) FM 428 (Sherman Drive) Loop 288 FM 2181 (Teasley Lane) Dallas Drive (U S. Highway 77) Bonnie Brae Street U.S. Highway 377 (Fort Worth Drive) FM 1830 (Country Club Road) Mayhill Road Oak Street Hickory Street SECTION II. The Task Force, upon evaluation of the above designated entranceways, recommends that special emphasis be placed on the beautification of the entranceways on Dallas Drive and University Drive through City projects and other beautification efforts. SECTION III. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the~day of ~, 1988. RAY ST~EN~, MAYOR ATTEST J~IF~.R-~ALTERS, CITY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY Next Document 2338L RESOLUTION NO.~ A RESOLUTION ENDORSING THE OUTLINE OF LEGISLATIVE STRATEGY FOR THE CLEAN AIR ACT AS ADOPTED BY THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Federal Clean Air Act deadlines, without extension by Congress, will expire on August 31, 1988, and WHEREAS, the Federal Clean Air Act is essential to continued improvement to air quality in North Central Texas and the nation, and WHEREAS, there are currently numerous proposals in Congress to amend as well as extend the Federal Clean Air Act, and WHEREAS, each proposal would have a significant impact on the ability of the North Central Texas area to maintain and improve air quality while providing for meaningful economic development; and WHEREAS, the North Central Texas area has been and remains in nonattatnment of the ozone standard thereby retaining the potential of federal funding sanctions, and WHEREAS, the Executive Board of the North Central Texas Council of Governments has formally adopted a general legislative outline of principles which would, if incorporated into the Federal Clean Air Act, provide meaningful improvement to air quality and ongoing economic development, and WHEREAS, the City of Denton and the North Central Texas area will be significantly affected by any change in the Federal Clean Air Act, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES' SECTION I. That the Outline of Legislative Strategy for Clean Air Act, adopted by the Executive Board of the North Central Texas Council of Governments on January 28, 1988, a copy of which is attached hereto, is hereby endorsed and adopted as a statement of legislative principles. SECTION II. That the City Manager or his designee is hereby authorized, in conjunction with other governmental entities, elected officials and other similarly interested organizations, to encourage the adoption by Congress of an extension and amend- ment to the Federal Clean Air Act which provides for meaningful improvements in air quality on national as well as regional levels without unduly penalizing economic development. SECTION III. That this resolution and attached Legislative Strategy be transmitted to the City's state and federal representatives, the North Central Texas Council of Governments, and to other agencies and individuals as deemed appropriate by the City Manager. SECTION IV. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~4~ day of ~, 1988. ATTEST APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 1645L RESOLUTION NO. ~_Z~ A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR A GRANT, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton is eligible to receive such funds and desires to apply for federal funds administered by the Depart- ment of Housing and Urban Development, and WHEREAS, the City of Denton, as an entItlement City, has pre- pared a program for utilizing funds for rehabilitation of privately owned rental property to be used primarily for residential rental purposes in the amount of approximately $75,000, and WHEREAS, the C~ty 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 SECTION I. That the C~ty Council of the C~ty of Denton, Texas authOrizes the City Manager to s~gn 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 tile 'C~ty Manager to handle all f~scal and administrative matters related to the application and the assurances required therefore. SECTION III. That the City Secretary ~s hereby directed to forward a certified copy of th~s Resolution to the Department of Housing and Urban Development. ~ PASSED AND APPROVED this the ~ day of , 1988. ATTEST APPROVED AS TO LEGAL FORM' DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 2357L RESOLUTION NO. ~~_~ A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON CREATING A LOW/MODERATE INCOME HOUSING TASK FORCE TO FORMULATE AND PROVIDE RECOMMENDATIONS TO THE CITY COUNCIL REGARDING SOLUTIONS TO THE PROBLEM OF OBTAINING AFFORDABLE AND ADEQUATE HOUSING BY INDIVIDUALS AND FAMILIES WITH LOW TO MODERATE INCOME, AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton desires creating a Low/Moderate Income Task Force to address the concerns of affordable and adequate housing, and WHEREAS, it shall be the responsibility of the Task Force to identify problem areas of housing for low/moderate income individuals and families, and WHEREAS, it shall further be the responszbility of the Task Force to help formulate solutions and make recommendations to the City Council regarding how the City can effectively encourage the development of low/moderate income rental and owner-occupied housing as well as the maintenance of existing low/moderate income housing in a safe and habitable manner, and WHEREAS, it shall further be the responsibility of the Task Force to investigate and make recommendations to the City Council on what funding, resources and programs are available to help implement the Task Force's recommendations, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON SECTION I. That the "Low/Moderate Income Task Force" shall be appOinted ~'y resolution of the City Council and whose member- ship shall be comprised of the following people. Deborah Darley, Chairperson Mariella Cornell Isabell Miller Phil Shea Lucy Campbell Reginald Logan Harry Down Paul Ephraim Norma McCarthy SECTION II. That it shall be the charge of the Task Force to. (a) identify and define the problems and needs that low/ moderate income individuals and families encounter in finding affordable and adequate housing, (b) formulate and provide recommendations to the City Council on how the City can effective%y encourage and provide for the development of low/moderate income rental and owner-occupied housing and for the main- tenance of existing low/moderate income housing in a safe and habitable manner, (c) investigate and make recommendations to the City Council on what funding, resources and programs are available to help implement the Task Force's recommendations SECTION III. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~4~ day of ~, 1988. RAY ST~HENff~ ATTEST: ~ALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM. DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 2361L RESOLUTION NO. ~ A RESOLUTION CREATING THE BLUE RIBBON CITIZENS COMMITTEE FOR SOLID WASTE TO FORMULATE AND PROVIDE RECOMMENDATIONS TO THE CITY COUNCIL RELATIVE TO THE PROVISION OF SOLID WASTE SERVICES, AND PROVIDING FOR AN EFFECTIVE DATE. SECTION I. There is hereby created and established the Blue Ribbon Citizens Committee for Solid Waste, which shall be composed of the following persons. George Gilkeson, Chairman Ralph Morrzson Ivan Glasscock Jim Stone Larry Luce Ray Stephens Todd Kerr A1 Stenzel Matt Gohlke Richard Edyvean SECTION II. It shall be the charge of the Citizens Committee on Solid Waste to' (a) Review and evaluate the role of the City of Denton relative to the provision of solid waste services, and submit an evaluation to the Council which shall include a recommendation of whether the City should continue to provide residential, commercial, and/or disposal services and whether changes in the level of service should be made. (b) Evaluate and provide a recommendation to the City Council relative to the future course of action to be taken in respect to the disposal of solid wastes. SECTION III. That this resolution shall become effective immediately upon its passage and approval. /~ PASSED AND APPROVED this the ~ day of~ , 1988. ATTEST. FER ~TERS, CITY SECRETARY OVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 2354L RESOLUTION NO. ~_~~ A RESOLUTION TEMPORARILY CLOSING pARK LANE, FROM ITS INTERSECTION WITH SIMMONS STREET TO ITS INTERSECTION WITH HILL STREET, ON JUNE 11, 1988, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Theresa Williams, representing the residents of Park Lane, is requesting that Park Lane, from its intersection with Simmons Street to its intersection with Hill Street, a public street within the corporate limits of the City of Denton, Texas be temporarily closed to public vehicular traffic between the hours of 7 O0 p.m. to 10 00 p.m. on June 11, 1988, for the purpose of having a block party, and WHEREAS, all of said residents of Park Lane have assured the City Council that they have agreed to the temporary closing of Park Lane, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON SECTION I. That Park Lane, from its intersection with Simmons Street to its intersection with Hill Street, a public street in the corporate limits of the City of Denton, Texas, be temporarily closed to vehicular traffic from the hours of 7.00 p.m. to 10 00 p.m. on June 11, 1988, for the purpose of having a block party. SECTION II. That the City Manager shall direct the appropriate city department to erect barricades on Park Lane, from its inter- section with Simmons Street to its intersection with Hill Street, at 7 00 p.m. and to have the same removed at 10 00 p.m. on said PASSED AND APPROVED this the ay of , 1988. ATTEST: ~IFER~ALTERS, CITY SECR~rAR APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY REqOEST FOR BLOCK PARTY ~ STREET CLOSURE Address: rhone "umber: ~fV- 7?79 Contact person. ~4~ /~_.~.~ Date a.d time of street closure: Place of closure: ~-~ --'~ Intersecttng streets ~,~moD~ We, the neighbors of do not object to a block part), ~ for on , Name ~ Address ~ ~.5 -~ f~/'~ d 2726C 2358L RESOLUTION NO ~ A RESOLUTION TEMPORARILY CLOSING INTERSTATE 35-E FRONTAGE ROAD, FROM ITS INTERSECTION WITH AVENUE E TO ITS INTERSECTION WITH BONNIE BRAE ON JULY 4, 1988, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Sidney D. Rogers, representing the Denton Kiwanis Club, is requesting that Interstate-35E frontage road, from its intersection with Avenue E to its intersection with Bonnie Brae, a public street within the corporate limits of the City of Denton, Texas be temporarily closed to public vehicular traffic between the hours of 7.00 p.m. to 10 00 p.m. on July 4, 1988, for the purpose of having the Fifteenth Annual Children's Clinic Fireworks Spectacular, and WHEREAS, Sidney D. Rogers, representing the Denton Kiwanis Club, has assured the City Council that the Texas Highway Depart- ment of the State of Texas has agreed to the temporary closing of the frontage road of Interstate 35-E, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON' SECTION I. That Interstate 35-E frontage road, from its inter- section with Avenue E to its intersection with Bonnie Brae, a public street in the corporate limits of the City of Denton, Texas, be temporarily closed to vehicular traffic from the hours of 7.00 p.m. to 10:00 p.m. on July 4, 1988, for the purpose of having the fireworks spectacular. SECTION II. That the City Manager shall direct the appropriate city department work with the Texas Highway Department in erecting barricades on Interstate 35-E frontage road, from its intersection with Avenue E to its intersection with Bonnie Brae, at 7 00 p.m. and to have the same removed at 10 00 p.m on said date. PASSED AND APPROVED this the Y~day of ~ , 1988. ATTEST. APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY COMMISSION, STATE DEPARTMENT OF HIGHWAYS ENGINEER DIRECTOR R E STOTZER JR AND PUBLIC TRANSPORTATION ROBERT C LANIER CHAIRMAN BOSERT M BASS 2624 W Prairie RAYSTOKER JR Denton, Texas 76201 June 22, 1988 ~N REPLY REFER TO Mr Lloyd V. Harrell City Manager City of Denton Municipal Building DentOn, Texas 76201 Dear Mr. Harrell This letter is to give written permission to the City of Denton to temporarily close the frontage road on I H. 35E as requested by your letter of June 8, 1988 Sincerely, Dwight S Bird Resident Engineer DSB Jf cc Tommy Heuchin Sidney Rogers, Denton Riwanis Club CITY MANAGERS OFFICE 2318L RESOLUTION NO.~_~f~ 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, AND PROVIDING FOR AN EFFECTIVE DATE. %CHEREAS, 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 fifth year entitlement funds in the approximate amount of $553,966, 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 SECTION I. That 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, Texa~ 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. SECTION III. That the City Secretary is hereby authorized to furnish copies of this resolution to all interested parties sECTION IV. That this resolution shall take effect immedi- ately from and ~fter its passage. ~ PASSED AND APPROVED this the ~_ day of , 1988. ATTEST J~IFER ~AL~f~KS, CITY sMCRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY Next Document 2381L RESOLUTION NO.~ A RESOLUTION ACCEPTING THE wATER AND WASTEWATER STUDY REGIONAL MASTER pLAN FOR DENTON cOUNTY, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Denton County region has experienced a considerable increase in population in recent years and is expected to continue to grow, and WHEREAS, an adequate and safe supply of drinking water is a fundamental necessity for life, and for the sound economic development of the region, and WHEREAS, collection and treatment of domestic and commercial wastes are vital public services that need to be coordinated with the water system, and WHEREAS, most of the cities, towns and water utilities in Denton County organized a committee (the Water Study Committee) in 1986 to address water and wastewater needs on a cooperative basis, and participated in the Water Study wHEREAS, the City of Denton cost of the Study, and Committee and contributed to the WHEREAS, the Texas Water Development Board awarded a matching grant to the City of Denton and the Committee to conduct the Study, and WHEREAS, the engineering consulting firm of Espey, Huston & Associates, Inc. has submitted a Master Plan Report dated March 1988 which has been approved by the Texas Water Development Board, and d Committee for the project has .... ~ the Water Stu y .... ~ ~o forwarded it to all wnmm~, - -~ and Master ~lan, anu .,~o _~ a proved the ~eporu. =-- ~f~cial acceptance, a.~ p~rticipating agenczes ~o~ ~ ~ · U ~er Trinity Municipal Water Authority, Inc WHEREAS. the. ~ ~e=in implementation of the Master Plan has been cre~te~ ~ ~%~'~=~ regional agency, NOW, THEREFORE, pending creation o~ a p~m~ ...... THE cOUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That the Study Report, prepared by Espey, Huston & As-~ociate~,-Inc' under the direction of the Steering Committee composed of 25 participating agencies in Denton County, entitled Denton County Water and Wastewater Study Regional Master Plan for the Year 2010, is hereby received II. That the Executive Director of Utilities is SECTION ev~uate the Report and Plan and provide recommenda- directed to tions to the City Council as to how the City of Denton can continue to participate in and benefit from the proposed regional water and wastewater system. SECTION III. That this resolution shall become effective imme~its passage and approval. ~ PASSED AND APPROVED this the~+~-day of , 1988. ATTEST j~IFER~A~TERS, C£ APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 2135L RESOLUTION NO. ~ A RESOLUTION ACCEPTING THE CAPITAL IMPROVEMENT PLAN PROPOSED BY THE PLANNING AND ZONING COMMISSION, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on the 18th day of May, 1988 the Planning and Zoning Commission approved a list of capital improvements which in the opinion of the commission ought to be constructed during the forthcoming five year period, and WHEREAS, the City Manager furnished a copy of such recommenda- tions to the City Council on the 7th day of June, 1988, and WHEREAS, all of the above actions were taken in compliance with the requirements of Section 10.03(a)(6) of the City Charter, and WHEREAS, the City Council wishes to adopt formally the recom- mendations of the Commission; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That the Council hereby approves the attached list of capital improvements which will be sought to be constructed dur- ing the forthcoming three year period, and the capital improvement program for the electric and water utilities, based on fundzng capability. SECTION II. That the Council hereby takes under consideration the attached list of recommendations of the Planning and Zoning Commission of capital improvements for the years 1991-92 and 1992-95. SECTION III That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the _~day of July, 1988. ATTEST FER A TERS, CITY SECRETA APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON FIVE YEAR CAPITAL IMPROVEMENT pLAN (NON-UTILITY) 1988-89 ~ROJEC? ~ HOW FUNDED S_treets a~ TraneDortatio~ Teasle¥ be,ne (l~ 2181), Four lane $ 250,000 1986 Bond Issue divided 1-35 to 2 miles south) 50,000 1986 Bond Issue Davis Street P&vtnE improvements 40,000 1986 Bond Issue Avenue E Improvements (Ea~le Drive to 1-35) 301,557 1985 Street improvement Bond Bonnie Brae Rebuild (4 lanes Windsor to University Drive) 899,984 1985 Street improvement Bond Bonnie B~ae Rebulld (4 lanes University Drive to Scripture) 61,244 1985 Street Improvement Bond Audra Lane Rebuild (End of divide to Paisley) 61,302 1985 Street improvement Bond Acme Street Rebuild (Bernard to Fort Worth Drive) 682,095 1985 Street Improvement Bond Locust Street Rebuild (ConEresS to UniversitY) Update Master Dralnage Plan $ 425,000 1986 Bond Issue Parks sad Reoreation $1,300,000 1986 Bond Issue Reoreation Center 250,000 1986 Bond Issue Athletic Field Development ~ire S~t!~na ~aui~ment $1,000,000 1986 and 1981 Bond Issue 2 New Fire Stations 200,000 1986 Bond Issue Fire Equipment ~lbrarY Rx~=~On~ phaee ~ $ 380,000 1986 Bond Issue pl~ns~or l~w En~oro~nt Center~ $_ 200.000 1986 Bond Issue TOTAL $6,101,182 1053k/2 CITY OF DENTON YEAR CAPITAL IMPROVEMENT PLAN (NON-UTILITY) 1989-90 PROJECT ESTIMATED COST HOW FUNDED Streets ea~ Tr~nsDortation Loop 288/Local participation $2,200,00 1986 Bond Issue (4 lane divided from U 8 380 to Colorado Blvd) 8 S 380/Local participation 600,000 1986 Bond Issue six lens divided from U S 77 (Locust) to Loop 288) NottinEham Extension 500,000 1986 Bond Issue (U 8 350 to Mlngo U S 380 RiEht-of-WaY Acquisition 250,000 1986 Bond Issue Bonnie Brae Rebuild 347,876 1985 Street Improvement Bond (Riney Road to Windsor) Scripture Rebuild 347,907 1985 Street Improvement Bond (I-35 tO Bonnie Brae) W Oak Rebuild 207,876 1985 Street Improvement Bond (I-35 to near Bonnie Brae) Avenue A Rebuild 210,028 1985 Street Improvement Bond (HIEhland to McCormick) Elm Street Rebuild 314,516 1985 Street Improvement Bond (Highland to Eagle) Loma Del Roy Drain~e $ 625,000 1986 Bond Issue Stuart/Sunnydale Drainage 350,000 1986 Bond Issue Holly Rill Area Draina8e Improvements 300,000 1986 Bond Issue Law Enforcement Center/ $_ 500,000 1986 Bond Issue Court ~OmDleX. Phase I TOTAL $6,753,203 1053k/3 CITY OF DENTON FIVE YEAR CAPITAL IMPROVEMENT PLAN (NON-UTILITY) 1990-91 PROJECT ESTIMATED COST HOW FUNDED Streets and Transvortatio~ Fort Worth Drive $1,065,000 1986 Bond Issue (u S 377) 4 lane divided from I-3§ to F~ 1850 Oriole Street Reconstruction 117,O00 1986 Bond Issue Drainue Fort Worth Drive/James St DrainaS® $ 90,000 1986 Bond Issue Parks andlReereation Recreation Center $1,400,000 1986 Bond Issue Athletic Field Development 450,000 1986 Bond Issue Library $~p&nsion comp1etion $ 600,000 1986 Bond Issue Law Enfo~oement Center/ $~O0,000 1986 Bond Issue Court Oom~le~ Completion TOTAL $5,622,000 1053k/4 CITY OF DENTON FIVE YEAR CAPITAL I~PROVE~IEN~ PLAN (NON-UTILITY) 1991-92 PROJgCT ~ HOW FUNDg~ Streets e~ Mooch Branch Road/Phase X $ 573,125 Future Bond Election Required (380 tO Jim Christal) ~8¢h Brdnoh Road/Phase II 1,504,931 Future Bond Election Required (Jim Christal to FM 1515) Local participation/Four Lane 1,100,000 Future Bond Election Required Divided Road - Spencer to Intersection Control SlEnals 225,000 Future Bond Election Required Willowwood Bike Path ~00,000 Future Bond ~lect~on Required Turn L~nes ~or Arterials 90,000 Future Bond Election Required PedeetrX~ Signals 30,000 Future Bond Election Required Cooper Creek Channel $1,000,O00 Future Bond Election Required King, isLet Drain~e 75,000 Future Bond Election Required Fire an~ ~meraeaoF 5erv~oes Second Aerial Device $ 500,000 Future Bond gleet£on Required Outdoor Emergency Sirens 253,750 Future Bond Eleotlon Required Air crt XmFovemente Airfield LiEhtin~ $ 250,000 Future Bond Election Required Runway Tsxiway Extension 312,500 Future Bond Election Required Utility Runwa~ Taxiw~Y 250,000 Future Bond Election Required ~ $ 250,000 Future Bond Election Required TOTAL $6,~6~,30~ NOTE. 1986 Bond Issue - 21.7 million 1985 Street Improvement Bond - 10 million 1053k/5 RECO~I~NDED CITY OF DENTON FIVE YEAR CAPITA~ IHPROVE~IENT PLAN (NON-UTILITY) pa0JXcT NOW UNDa Streets alldTrans~ortati°n Masch Br~nch Ro~/Phase I ~ture bond elect[on required ~80 to~J~m Christal ~ 57~,125 for a~l projects proposed for Intersection Control 5~sn~s 225,000 W~llo~o0d Bike Path ~00,000 Turn L~s for Arterials 90,000 PedestrE~ 5E~nals ~0,000 CATE~RY TOTAL Cooper Creek Ch~nel $ 750,000 Peo~ Creek Br~shs~ to Ruddell 250'000 ~CAT~RY TOTAL Second AerS8l Dev$~e $ 500,000 Outdoor,gmerien~ 5~rens CATEGORYTOT~ $ 753,750 Ro~ Access to South H~sr Are8 $100,000 Total cost off project/all locally funded ~nf~e~d, Drs~n~e ImproveMnt 70,918 ] B~d Aequ~sit~on North 17/35 ] 2~.7 Ao~e8 ~07,593 ] B~d Acquisition ~3.5 Acres 58,806 ] 1~ lo~81 share of total Lsnd A~quSsit~on 3~ Acres 135,036 ] project cost/bad.ce North Hold'ns Apron 1,~00 ] H.[.R.~. Run~ Extension parallel T~ay Extension Hold~ng ] Apron 1,o00' 15,8o0 ] Stud T~l~ay to S R Industrial Area 6,000 ] Co~rOisl Service Area Pavins 12,100 ] F B O Pavins 71,500 ] 2xeoutive Jet Center Aircraft PErkins 18,070 ] ~ntine~ins ~l Continieney 1~6,07~ ] CATE~RY TOTAh $ 762,500 p~G~y~O~ ~6,~6~,~06 ~o5~k/~5 PLANNING & ZONING COMMISSION RECOMMENDED NON-UTILITY CAPITAL IMPROVEMENT PROGRAM 1992-1993 PROJECT ESTIMATED COST ROW FUNDED Streets an~ Transuortatio~ Masch Branch Road, Phase III FM 1515 to Springside Road $ 850,000 Future bond election required Street Construction/Reconstruction 250,000 for all projects proposed for Westwood Paving 235,000 1992-93 program year Intersection Control Signals 23§,000 Partial Improvements to City Sidewalk System 100,000 Oversized Participation in Thoroughfares 100,000 Turn Lanes 95,000 CATEGORY TOTAL $1,8~5,000 Cooper Creek Drainage, Phase II $1,000,000 Alexander Street Area Drainage 128,000 Avenue G Drainage 100,00Q CATEGORY TOTAL $1,228,000 Parks and Reoreatlo~ Civic Center Pool Expansion/ RenovationN $1,000,000 City/DIED Joint Swimming Facility at Billy Ryan H S N 500,000 Land Acquisition for Co~munity Park 500,000 Neighborhood Park Development 300,000 CATEGORY TOTAL $2,300,000 Rehabilitate Station #1 $ 500,000 (McNinne¥ Street) Rebuild Station #~ (NinEs Row) 750,000 CATEGORY TOTAL $1,250,000 PROGRAM YEAR TOTAL $6,623,000 * ro ects listed based on present conditions and information - continuing P~?I~ J ..... ~-^1 district and future planning will provide basis f~r final nego~a~xons w~n ~. ....... ~-- best way to allocate $1 5 million ~o mee~ community swimming needs 1053k/7 1989 - 1993 CAPITAL I~PROVEMENT PLAN ELECTRIC UTILITY PO~ER PROOUCTION MAINTAIN/REPLACEMENT $ 2,170,000 OVERHEAD EXTENSION & I~ROVEMENTS (25 MILES MAIN FEEDER) 3,344,000 UNDERGROUND EXTENSION & I~PROVEMENTS (7.5 WILES MAIN FEEDER) 5,595,000 DISTRIBUTION TRANSFORMERS 6,314,000 METERS 6,567 cUSTOMERS 837,000 LOAD ~NAGEMENT PROGRAM 5,000 CUSTOMERS 1,125,000 CUSTOMER INCENTIVE 5,000 CUSTOMERS 3,040,000 ~V~RRING sYSTEM - CAD/AM/FM 200,000 DISTRIBUTION SLBSTATIONS DUPLEX POCKRUS 89, AUDRA KEW 91 1,903,000 1,169,000 STREET LIGHTING 1,225,000 VEHICLES 1,233,000 TootS AND EQUIPMENT RO~ER PRODUCTION I~PROVEMENTS 568,000 R/W AND FACILITIES PURCHASE 750,000 OFFICE EQUIPMENT, FURNITURE 478,000 8UILDING SPACE - CENTRAL DISPATCH, OFFICE, SHOP 90, 91 1,483,000 591,000 COMMUNICATION & CONTROL PO~ER FACTOR I~ROVEMENTS - MAINTAIN 0.98 500,000 ECONOMIC CONDUCTOR REPLACEMENT (25 MILES) 1,O00,O00 OVERHEAD TO UNDERGROUND CONVERSION (2.3 WILES) 1~500~000 $ 35,025,000 TOTAL 4101M/1 1989 - 199:5 CAPITAL IFRROVEMENT PLAN WATER BEPART~NT NEW WATER PLANT (INCLUDES NEW PLANT EXPANSION IN 199:5) $ 15,500,000 1,000,000 ELEVATED STORAGE :5,556,000 RAY ROBERTS HYDRO ELECTRIC i,lO0,O00 EQUALIZATION BASIN WASTEWATER TREAT~NT PLANT RENOVATION LIFT STATION SOADA, RENOVATION, REACTIVATION 428,000 WASTE ~ATER TREATNENT (oTHER 1FPROVENENTS) 574,000 (5 YR. PLAN, LAND UTILIZATION, SEPTIC RU~PING 1NNOV. & ALTERNATIVE TECH. ETC.) hASTEWATER TREATMENT PLANT EXPANSION 5,760,000 574,000 LABORATORY IMPROVEMENTS 230,000 MAPPING' SYSTEM - CAD/CAM 800,000 OVERSIZE WATER LINES 5,050,000 REPLACE WATER LINES 870,000 NEW WATER LINES 1,250,000 DEVELOP GUIDE WATER LINES 850,000 OVERSIZE SE~ER LINES 5,610,000 REPLACE SEYER LINES 2,172,000 INFILTRATION 1NFLOW 1,250,000 DEVELOP GUIDE SE~ER LINES TOPS, FIRE HYDRANT, EQUIPMENT & MISCELLANEOUS 1,522,000 lt586~000 MOBILE EQUIPi','ENT $ 48,054,000 TOTAL 4101M/2 2388L RESOLUTION NO. ~ A RESOLUTION SETTING A DATE, TIME AND PLACE FOR PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO BY THE CITY OF DENTON, TEXAS, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF sUCH PUBLIC HEARINGS. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. On the ~ day of ~fJ~---, 1988, at 7.00 in~g~.of .the ,C~itY_i~n~ean~n~nt~res~ed pers?ns t. he ~r~..hto~ODaePnPtZZr, puD£1c near~.ng ~ -~ ~ ~nnexation by the ~zuy and be heard on t~e propose~ m,_ ~4~ '~" attached hereto and Texas of the property described z~ ~ ...... A incorporated by reference herein. On the // Oday of 1988, at 7 00 o'cloc P in the City~-~cil Cham~e Municipal Building of the City of Denton, Texas, the City Council will hold a public hearing giv- ing all interested persons the right to appear and be heard on the proposed annexation by the City of Denton, Texas of the property described in Exhibit "A" attached hereto and incorporated by reference herein. · r of the City of Denton, Texas, is hereby SECTION II.~..The_M~ayo~ ....... notice of such public h.earin, gs~,t_o_ authorized and dlrec~e~ ~u ~=,-,o~_ havin" ~eneral circulation in n~e b p blished once in a newspaper ~ ~ ~.~ ,,^,, ~^~ ~ ~han C~tyUand in the territory described in mxnzm~u ~' ~ ........ n ten days prior to the date of such ent da s nor less tha . _ .~ ~h Municipal Annexation tw ~.y ~ Y ~-~ ~]1 in accoroanc~ w,,-,-~ ,...e ,, ~ pub£1c near~?_=2 -%- ..... '~ Texas Civil Statutes; Act (Article 9;ua, v~,u~ o and III. This resolution shall be in full force ~ECT. ION_. ~ ~_ =^~ in~ its passage and approval. effect lmme~laueiy ~o~w ~ ~ PASSED AND APPROVED this the ~day of , 1988 ATTEST. pRIFER~ALTEKS, CITY SECRETARV OVED AS TO LEGAL FORM: DEBRA ADAMI DKAYOVITCH, CITY ATTORNEY EXHIBIT "A" ALL that certain lot, tract or parcel of land lying and being situated in the County of Denton, State of Texas, and being part of the J. Dickson Survey, Abst. No. 342 and A. Cannon Survey, Abst. No. 232, and also being part of a tract of land as conveyed from Henry C. Thompson, Jr. to R.D Martin by deed dated November 24, 1980 and recorded in Volume 1048, Page 191 of the Deed Records of Denton County, Texas, and more particularly described as follows: BEGINNING at a point in the present city limits, said point lyin8 in the west boundary line of the tract described in Ordinance No. 87-119, said point also lying in the north boundary line of said m.D. Martin Tract and the south boundary line ,of the Old Alton Cemetery Tract, said point also lying 250.0 west of and perpendicular to the centerline of F.M. 2181; THENCE southeasterly along the present city limits as established in said Ordinance 87-119 with a curve to the left having a radius 1,396.26' a central angle of 19° 34' 57.9" and a chord bearing and length of south 20° 22' 01.9" east, 474.90', an arc length of 477.22' to a point lying in an easterly boundary line of said Martin Tract for corner, THENCE south 0O 07' 45" west along an easterly boundary line of said Martin Tract a distance of 455.49' to an inner ell corner of said Martin Tract lying in the south boundary line of said Dickson survey and the north boundary line of said Cannon survey for corner, ~rv line of said Martin Tract,. ~ame ~3n=~___~_r.. line b~undp~y_line ...... , , Sis nce of llO.0 to a point for corner, oz said uannon uur¥~j .... ta THENCE s%uth 17° 23' ll" east along the east boundary line of said m.D. Martin Tract a distance of 142.7' to a point for corner; THENCE south 27° 32' 29" east along the east boundary line of said m.D. Martin Tract a distance of 695.35' to the southern point lying most corner of said m.D. Martin Tract same bein8 a in the northeast boundary line of a tract conveyed to the United States of America for corner, THENCE north 55° 59' 39" west alon8 the southwest boundary line of said Martin Tract and the northeast boundary line said USA Tract a distance 948.32' to an inner ell corner of said USA Tract for corner, A-56 EXHIBIT "A" (Con't) THENCE north 16° 52' 52" west along the west boundary line of said R.D. Martin Tract and the east boundary line of said USA Tract passing the north boundary line of said Cannon survey and the south boundary line of said Dickson survey, passing at 1487.98' the southerly northwest corner of said R.D. Martin tract and the southwest corner of a tract described in a deed from R.D. Martin et ux to Tim D. Masten et ux dated October 14, 1981 and recorded in Volume 1106, Page 730 of the D.R.D.C.T., continuing for a total distance of 1,855.35' to the northwest corner of said Masten Tract, said point also lying in the south right-of-way line of an east/west county road for corner; THENCE south 89° 18' 49" east along the north boundary line of said Masten Tract and the south right-of-way line of said county road, passing at 242.0' the northeast corner of said Masten tract and the northerly northwest corner of said R.D. Martin tract, continuing for a total distance of 484.62 to the northerly northeast corner of said R.D. Martin Tract for corner, THENCE south 1° 21~ 17" west along the westerly east boundary line of said R.D. Martin Tract a distance of 299.29' to a point lying in the north boundary line of said Old Alton Cemetery tract for corner; THENCE south 89° 44' 10" west along the northerly south boundary line of said R.D. Martin Tract and the north boundary line of said Old Alton Cemetery tract a distance of 20.8' to an inner ell corner of said R.D. Martin Tract, same being the northwest corner of said Old Alton Cemetery Tract for corner, THENCE south 0° 43' 57" west along the westerly east boundary line of said R.D. Martin Tract and the west boundary line of the Old Alton Cemetery Tract a distance of 335.84' to an inner ell corner of said R.D. Martin Tract and the southwest corner of said Old Alton Cemetery Tract for corner, THENCE south 87° lg' 0" east along the southerly north boundary line of said R.D. Martin Tract and the south boundary line of said Old Alton Cemetery Tract a distance of 234.33' to the Place of Beginning and containing 20.8309 acres of land. A-56 2388L NOTICE OF PUBLIC HEARINGS ON PROPOSED ANNEXATION NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT The City of Denton, Texas, proposes to institute annexation proceedings to alter the boundary limits of said City to add the territory described in Exhibit "A", attached hereto and incor- porated by reference herein, to the corporate limits of the City of Denton. A Public Hearing will be held by and ~fore the~City CouDcil of the City of Denton, Texas, on the~ ~_~ day.~f~~~ 1988, at 7'00 o'clock P. M. in the City Counczz ~nam~ v ..... Municipal Building of the City of Denton, Texas, for all persons znterested in the above proposed annexation At said time and place all such persons shall have the right to appear and be heard Of all said matters and things, all persons interested in the things and matters herein mentioned, will take notice. A Public Hearing will be held by ~D~jbefore th~City C_~nczl of the City of Denton, Texas, on the/~" day of~, 1988, at 7 00 o'clock P. M. in the City Counczl Cham-~of the Municipal Building of the City of Denton, Texas, for all persons znterested in the above proposed annexation. At sazd time and place all such persons shall have the right to appear and be heard. Of all said matters and thzngs, all persons interested in the things and matters herein mentioned, will take notice ATTEST A-56 EXHIBIT "A" ALL that certain lot, tract or parcel of land lying and being situated in the County of Denton, State of Texas, and being part of the J. Dickson Survey, Abst. No 342 and A. Cannon Survey, Abst. No. 232, and also being part of a tract of land as conveyed from Henry C. Thompson, Jr. to R.D Martin by deed dated November 24, 1980 and recorded in Volume 1048, Page 191 of the Deed Records of Denton County, Texas, and more particularly described as follows BEGINNING at a point in the present city limits, said point lying in the west boundary line of the tract described in Ordinance No. 87-119, said point also lying in the north boundary line of said R.D. Martin Tract and the south boundary line of the Old Alton Cemetery Tract, said point also lying 250.0' west of and perpendicular to the centerline of F.M. 2181, THENCE southeasterly along the present city limits as established in said Ordinance 87-119 with a curve to the left having a radius 1,396.26' a central angle of 19° 34' 57.9" and a chord bearing and {ength of south 20° 22' 01.9" east, 474.90', an arc length of 477.22' to a point lying in an easterly boundary line of said Martin Tract for corner, THENCE south 0° 07' 45" west along an easterly boundary line of said Martin Tract a distance of 455 49' to an inner ell corner of said Martin Tract lying in the south boundary line of said Dickson survey and the north boundary line of said Cannon survey for corner, THENCE south oho 47' 45" east along the southerly north o~f said Martin Tract, same being the south boundary line ...... o,,~T~v and the north boundary line boundary line ot sal~ f fY-fC 'fJll0.0' toa point for corner, of said Cannon survey a azs~au~ ~ THENCE south 17° 23' 11" east along the east boundary line of said R.D. Martin Tract a distance of 142.7' to a point for corner, THENCE south 27° 32' 29" east along the east boundary line of said R.D. Martin Tract a distance of 695.35' to the southern most corner of said R.D. Martin Tract same being a point lyzng in the northeast boundary line of a tract conveyed to the United States of America for corner, THENCE north 55° 59' 39" west along the southwest boundary line of said Martin Tract and the northeast boundary line said USA Tract a distance 948.32' to an inner ell corner of said USA Tract for corner, A-56 EXHIBIT "A" (Con' t) THENCE north 16° 52' 52" west along the west boundary line of said R.D. Martin Tract and the east boundary line of said USA survey and Tract p~sstng the north boundary line of said Cannon the south boundary line of said Dickson survey, passing at 1487 98' the southerly northwest corner of said R.D. Martin tract and the southwest corner of a tract described in a deed from R.D. Martin et ux to Tim D Masten et ux dated October 14, 1981 and recorded in Volume 1106, Page 730 of the D.R.D.C.T., continuing for a total distance.of .1,.85~'35'1 ~i°n t~ ~t~ r of said Masten Tract, saZ~ poznt also y g tne cast,west county road orner, THENCE south 89° 18' 49" east along the north boundary line of said Masten Tract and the south right-of-way line of said county road, passing at 242 0' the northeast corner of said Masten tract and the northerly northwest corner of said R.D. Martin tract, continuing for a total distance of 484.62 to the northerly northeast corner of said R.D. Martin Tract for corner, THENCE south 1° 21' 17" west along the westerly east boundary line of said R.D. Martin Tract a distance of 299.29' to a point lying in the north boundary line of said Old Alton Cemetery tract for corner, THENCE south 89° 44' 10" west along the northerly south boundary line of said R.D. Martin Tract and the north boundary line of said Old Alton Cemetery tract a distance of 20.8' to an inner ell corner of said R.D. Martin Tract, same being the northwest corner of said Old Alton Cemetery Tract for corner, THENCE south 0° 43' 57" west along the westerly east boundary line of said R.D Martin Tract and the west boundary line of the Old Alton Cemetery Tract a distance of 335.84' to an inner ell corner of said R.D. Martin Tract and the southwest corner of said Old Alton Cemetery Tract for corner, THENCE south 87° 18' 0" east along the southerly north boundary line of said R.D. Martin Tract and the south boundary line of said Old Alton Cemetery Tract a distance of 234.33' to the Place of Beginning and containing 20.8309 acres of land. A=56 RESOLUTION NO.~ A RESOLUTION ELIMINATING THE ENERGY COST ADJUSTMENT (RATE SCHEDULE ECA) FOR THE MONTHS OF AUGUST AND SEPTEMBER OF 1988, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the price of o11, gas and other fuels has remained unexpectedly lower than had been predicted over the last year, and WHEREAS, the City of Denton utility establishes its Energy Cost Adjustment (Rate schedule ECA) based upon projected energy costs and projected KWH sales, and WHEREAS, the Clty of Denton utility has received funds in excess of its pro]ected costs for purchasing energy during the current fiscal year, and WHEREAS, Rate schedule ECA (Energy cost Adjustment) of Ordinance No. 87-027 states that the City of Denton may return such excesses over $1,000,000 to customers over the remaining months of the fiscal year, and WHEREAS, the City Council of the City of Denton desires that the citizens of Denton benefit from reduced energy costs by eliminating the energy cost ad]ustment for the months of August and September of 1988, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That the Energy Cost Adjustment (Rate schedule ECA) now set at 2 00 cents per KWH is hereby eliminated for the months of August and September of 1988 The Energy Cost Adjustment will be re-established in October of 1988. SECTION II. That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the /~day of July, 1988. ~ ~TEPHENS, ~AYOR ATTEST. APPROVED AS TO FORM- DEBRA A. DRAYOVITCH, CITY ATTORNEY 2405L RESOLUTION NO. ~ 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, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the United States Congress has passed the Land and Water Conservation Fund Act of 1965 (Public Law 88-578), auth- orizing 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 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 COUNCIL OF THE CITY OF DENTON SECTION I. That the City Council of the City of Dent on 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 .. '~" Mana er to represent and act for the City of directs its City .L~g ~^ ~voo p~rks and wildlife Department n~nton in dealing wznn L~= ~ ..... ~ ...... ~ .... er is hereby for the purpose om ~LL~O _~% , ........ ~=tive in this regard. officially designated as the ozny s ~=o ..... SECTION III. The City Council hereby designates its Executive DireCtor of Fin'ance 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 ~ity o£ftctals herein designated to make application to the Texas Parks and Wildlife Department concerning the tract of land known as Evers Park in the City of Denton affirma.t$~e vote o~ the City PASSED AND APPROVED by the this J~day of~, Council of the City of Denton, on 1988. ATTEST IFE~ALTERS, CITY S APPROVED AS TO FoRM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY Next Document 2420L RESOLUTION NO. ~ A RESOLUTION SETTING A DATE, TIME AND PLACE FOR PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO BY THE CITY OF DENTON, TEXAS, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES. /~ of ~~9~, 1988, at 7 00 SECTION I. On the day Cha~'-~Munlcipal Build- o'clock P. M. 'in the City~ncil tng of the City of Denton, Texas, the City Council will hold a public hearing giving all interested persons the right to appear and be heard on the proposed annexation by the City of Denton, Texas of the property described in Exhibit "A" attached hereto and incorporated by reference~heretn. On the ~.d.ay_,of~~ ilc9i8D8a' at 7 00 o'clock P M n 1 Building of the City in the City Council unammer~ u~ ~ ..... ~ of Denton, Texas, the City Council wzll hold a public hearing gzv- zng all interested persons the right to appear and be heard on the proposed annexation by the City oi Denton, Texas of the property described in Exhibit "A" attached hereto and incorporated by reference herein SECTION II. The Mayor of the City of Denton, Texas, is hereby authorized and directed to cause notice of such public hearings to s a er having general circulation in the be published o. nce. in .a. ~_e__w ~P^~P~r~b d in Exhibit "A" not more~ tha,n Cit and in the terrz~ory u= .... D.e .... ~he date o~ sucn Y nor less than ten aays przo~ ~ ~. 1 ~nnexation twenty days ...... = .... th the Munzczpa a public hearings, all zn ,acc_u~u=~%~_~ Statutes) Act (Article 970a, Vernon s 'l'exas uzvz and ON III. This resolution shall be in full force SECTI .......... so~e and approval effect immediately ~ol£owzng z~ ~=oo~ _ -- PASSED AND APPROVED this the~_~_ day of ~, 1988 ATTEST APPROVED AS TO LEGAL FORM' DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY EXHIBIT "A" Ail that certain lot, tract or parcel of land lying and being situated in the County of Denton, State of Texas, and being part of the M. Forrest survey, Abst. No. 417, and also being part of Lot 1 and 2, Block C of the Morreau Forrest Subdivision, and more particularly described as follows: Beginning at a point in the present city limits, said point being an inner ell corner of the present city limits as described in Ordinance No. 83-134, said point lying 250.0 feet north of and perpendicular to the centerline of F.M. 426 (McKinney Street), said point also lying in the west boundary line of the Meadows Addition, an addition to the City and County of Denton, State of Texas as recorded in Cabinet E, Page 60 of the Plat Records of Denton County, Texas said point also lying in the east boundary line of said Lot 2, Block C of said Morreau Forrest subdivision, THENCE northwesterly 250.0 feet northeast of and parallel to the centerline of said F.M. 426 the following 6 courses and distances, (1) north 63° 54' west~ 367.95', (2) north 67° 29' west, 368.66'' (3) north 70° 37' west, passing the southwest corner of said Lo~ 2, Block C and the southeast corner of said Lot 1, Block C of said subdivision, for a total distance of 418.0' (4) north 73° 10' west, 498.13' to the beginning of a curve ~o the left having a radius of 11,711.16', a central an~le of 4° 01' and a chord bearing and distance of north 75° 10 west, 851.47', (5) northwesterly with said curve an arc length of 851.66', (6) north 77° 24' west, passing the southwest corner of said Lot 1, Block C and continuing for a total distance of 498.72' to a point, said point being the intersection of the southerly northwest corner of the tract described in Ordinance 83-134, with the east boundary line of the tract described in Ordinance 65-43, said point also lying in the west boundary line of said Forrest survey and the east boundary line of the M. E. P. & P. R. R. survey, Abst. No. 927, said point also lying in a north-south public road known as Mayhill Road for corner; THENCE North along the present city limits same being the west boundary line of said Forrest survey and the east boundary line of said M. E. P. & P. R. R. survey and in said Mayhtll Road to a point lying approximately 40.0' west of and perpendicular to the northwest corner of a tract described in a deed from Otto Dee Carpenter and wife, MarJorie Lee Carpenter to David Brearley and wife, M. E. Brearley by deed dated April 26, 1941 and recorded in volume 296, page 163 of the D.R.D.C.T. for corner, THENCE easterly passing at 40.0' more or less, the northwest corner of said Brearley tract and'the south right-of-way line of A-55 EXHIBIT "A" (ton't) known as Mills Road, and continuing an east;west ~gu%tf~f~.wav line Of said Mills ~oad ~%~e~ boundary line of sa%~ mr~a~%~!~' ~f %aid Brearley tract feet. mot ..... r n~ a tract conveyeo ::urn ... ~ame'being the nortmwesc _c.o=u~-j- o .... b~ a deed dated May Thomas ~. o~w- ~4~,,rn Vlumhn et ux to ....... ovm mf the D.R.D.C.T:, 1948 and recorded ~9 ~olu~e ~^Pand road passing at 933.~ , continuing alon~ sal~==oC?~, ~Yrner of said Brown tract more or less, t~e norun=a~u ~u the northwest corner of a tract conveyed from R. u. %~u~ Vaughn et ux to the Denton Independent School District by a deed dated June 27, 1972 and recorded in volume 649, page 178 of D.R.D.C.T., continuing along said boundary line and road passing at 1,540.96', more or less~ the northeast corner of said Denton Independent School District tract same being the northwest corner illian Mabry to Herbert McCurley et ux tract conveyed, from L r corded in volume ~er~a4d3 7~ss~ng at 1,961.96], i~or~h:rn~e~ec~e~:a~ of said McCurley ~:att.~t °~2 ~ M ~mk, r by a deed dated Ou~y conveyed from Doyle ~rl==~u =~ ......... 8, 1964 and recorded in volume 510, page 560 of the D.R.D.C.T., continuing along said boundary line and road passing at 2,523.96', more or less, the northeast corner of said Baker tract . rner of a tract conveyed to Mrs. =-=-- the northwest co . . ~ n 109A and recorded in same u=~us a ed ~arcn ~, volume ess to the northerly northwest distance o~ Z,~.~o , ~ .... corner of the present city limits as established in Ordinance 83-13~ and the northwest corner of said Meadows Addition for corner, THENCE south 0° 12' east along the present city limits, same · said Griffin tract and the west east boundary 1}ne of n at 465.0', more ~r being the Addition passi g the soucnea~ ~- Frank M. ~sge~ =; ~east corner of a tract conveyed from 27, chool District by a deed dated 3une D nton independent S 180 of the D.R.D.C.~.~ and ~ t.~ ~.eorded in volume 649, p~ge~ :~o ns' to the Po:n= of continuing zpr a=_~%~ 1~ 0 acres, more or £ess, o= Beginning ant conua~u~,e A-55 2420L NOTICE OF PUBLIC ~ARINGS ON PROPOSED ANNEXATION NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT The City of Denton, Texas, proposes to institute annexation proceedings to alter the boundary limits of said Czty to add the territory described in Exhibit "A", attached hereto and incor- porated by reference herein, to the corporate limits of the Czty of Denton. A Public Hearing will be held by 9n~jpefore the~it~C~c~l of the City of Denton, Texas, on thef~ day of~g 1988, at 7 00 o'clock P. M. in the C t-{~ouncil Chambers Municipal Building of the City of Denton, Texas, for all persons interested in the above proposed annexation At said time and place all such persons shall have the right to appear and be heard. Of all said matters and things, all persons znterested in the things and matters herein mentioned, will take notice. A Public Hearing will be held by a~d.~gfore the~Cz_~~il of the City of Denton, Texas, on thez~day °f~~rg 1988, at 7'00 o'clock P. M in the ~ouncil Chambers Municipal Building of the City of Denton, Texas, for all persons interested in the above proposed annexation At said time and place all such persons shall have the right to appear and be heard. Of all said matters and things, all persons interested zn the things and matters herein mentioned, will take notice. ATTEST. j~FER ~LT~RS, CITY A-55 EXHIBIT "A" Ail that certain lot, tract or parcel of land lying and being situated in the County of Denton, State of Texas, and being part of the M. Forrest survey, Abst. No. 417, and also being part of Lot 1 and 2, Block C of the Morreau Forrest Subdivision, and more particularly described as follows: Beginning at a point in the present city limits, said point being an inner ell corner of the present city limits as described in Ordinance No. 83-134, said point lying 250.0 feet north of and perpendicular to the centerline of F.M. 426 (McKtnney Street), said point also lying in the west boundary line of the Meadows Addition, an addition to the City and County of Denton, State of Texas as recorded in Cabinet E, Page 60 of the Plat Records of Denton County, Texas said point also lying in the east boundary line of said Lot 2, Block C of said Morreau Forrest subdivision, THENCE northwesterly 250.0 feet northeast of and parallel to the centerline of said F.M. 426 the following 6 courses and distances, north 67° 29' west, (1) north 63° 54' west~ 367.95', (2) 368.66'; (3) north 70° 37 west, passing the southwest corner of said Lot 2, Block C and the southeast corner of said Lot 1, Block for a total distance of 418.0', (4) north C of said subdivision; 73° 10' west, 498.13' to the beginning of a curve to the left having a radius of 11,711.16' a central an~le of 4° 01' and a chord bearing and distance of' north 75° 10 west, 851.47', (5) northwesterly with said curve an arc length of 851.66', (6) north 77° 24' west, passing the southwest corner of said Lot 1, Block C and continuing for a total distance of 498.72' to a point, said point being the intersection of the southerly northwest corner of the tract described in Ordinance 83-134, with the east boundary line of the tract described in Ordinance 65-43, said point also lying in the west boundary line of said Forrest survey and the east boundary line of the M. E. P. & P. R. R. survey, Abst. No 927, said point also lying in a north-south public road known as Mayhill Road for corner, THENCE North along the present city limits same being the west boundary line of said Forrest survey and the east boundary line of said M. E. P. & P. R. R. survey and in said Mayhill Road to a point lying approximately 40.0' west of and perpendicular to the northwest corner of a tract described in a deed from Otto Dee Carpenter and wife, MarJorie Lee Carpenter to David Brearley and and recorded in wife, M. E. Brearley by deed dated April 26, 1941 volume 296, page 163 of the D.R.D.C.T. for corner, THENCE easterly passing at 40.0', more or less, the northwest corner of said Brearley tract and the south right-of-way line of A-55 EXHIBIT "A" (Con't) an east-west county road known as Mills Road, and continuing along the south right-of-way line of said Mills road and the north boundary line of said Brearley tract, passing at 609.0 feet, more or less, the northeast corner of said Brearley tract same being the northwest corner of a tract conveyed from Thomas Wilburn Vaughn et ux to Thomas R. Brown by a deed dated May 4, 1948 and recorded in volume 344, page 270 of the D.R.D.C.T., continuing along said boundary line and road passing at 933.5', more or less, the northeast corner of said Brown tract same bein~ the northwest corner of a tract conveyed from R. C. (Cecil) Vaughn et ux to the Denton Independent School District by a deed dated June 27, 1972 and recorded in volume 649, page 178 of D.R.D.C.T., continuing along said boundary line and road passing at 1,540.96', more or less, the northeast corner of said Denton Independent School District tract same being the northwest corner of a tract conveyed from Lillian Mabry to Herbert McCurley et ux by a deed dated February 25, 1978 and recorded in volume 876, page 743 of the D.R.D.C.T., continuing along said boundary line and road passing at 1,961.96', more or less, the northeast corner of said McCurley tract same being the northwest corner of a tract conveyed from Doyle Griffin to A. M. Baker by a deed dated July 8, 1964 and recorded in volume 510, page 560 of the D.R.D.C.T., continuing along said boundary line and road passing at 2,523.96' more or less, the northeast corner of said Baker tract amc bein the northwest corner of a tract conveyed to Mrs. ..... A_. %z~ A~ ~. n R.D.C.T. ano continuing zor a ~ou~ volume ZU), page xo~ u~ ~,,~ ~. distance of 2,944.96', more or less to the northerly northwest corner of the present city limits as established in Ordinance 83-134 and the northwest corner of said Meadows Addition for corner, THENCE south 0° 12' east along the present city limits, same being the east boundary line of said Griffin tract and the west boundary line of said Meadows Addition passing at 465.0', more or less, the southeast corner of said Griffin tract and the northeast corner of a tract conveyed from Frank M. Estes et ux to the Denton Independent School District by a deed dated June 27, 1972 and recorded in volume 649, page 180 of the D.R.D.C.T. and continuing for a total distance of 2,579.08' to the Point of Beginning and containing 135.0 acres, more or less, of land. A-55 2438L RESOLUTION NO. ~ A RESOLUTION CREATING AN APPENDIX A TASK FORCE TO FORMULATE AND RECOMMEND TO THE CITY COUNCIL INTENSITY AREA BOUNDARIES AND A METHODOLOGY FOR INTENSITY CALCULATIONS FOR THE DENTON DEVELOPMENT PLAN, AND PROVIDING FOR AN EFFECTIVE DATE WHgREAS, the City Council of the City of Denton wishes to create an Appendix A Task Force to formulate and recommend zntensity area boundaries and a methodology for intensity calculations as required by the Denton Development Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That the following eleven persons, who shall be drawn from th~ named representative groups, are hereby appointed to serve as an Appendix A Task Force Land Use Planning Committee Team Captains 1. Bill Claiborne 2. Vicki Holt 3. Virgil Strange Planning and Zoning Commission 4. Jim Englebrecht 5. Euline Brock 6. Ivan Glasscock Neighborhood Representatives. 7. Mitchell Turner 8. Beth Schlagel 9. Taylor Stem 10 Richard Hayes 11. Merlin Lee SECTION II That the responsibilities of the Task Force shall be' 1. To delineate the boundaries of all the intensity areas required for the proper implementation of the Denton Development Plan. 2. To review and make recommendations regarding a standard methodology for calculating intensity trip generation 3. To give immediate priority to areas for which a zoning case has been filed, as notified by the Department of Planning and Community Development. 4 To develop a work program to complete its duties within six months of this resolution. SECTION III. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the~day of~~, 1988. ATTEST APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 2435L RESOLUTION NO. ~~ A RESOLUTION SUPPORTING THE PROPOSED CONSTITUTIONAL AMENDMENT PROVIDING THAT FEDERAL REIMBURSEMENT OF STATE HIGHWAY DEDICATED FUNDS BE EXCLUSIVELY DEDICATED TO IMPROVING TEXAS HIGHWAYS~ AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Texas motorists pay a federal fuel tax of nine (9~) cents a gallon into the Federal Highway Trust Fund, which is legislatively mandated to be apportioned to states for use on the Federal Aid Highway Program, and WHEREAS, the State of Texas receives approximately $800 million a year from the Federal Highway Trust Fund, and WHEREAS, the federal funds account for 50-60% of the costs of highway construction in Texas, and WHEREAS, since 1917, when federal highway lunds f~rst became available to the states, Texas has used 100% of such funds exclusively for highway purposes as mandated by federal law, and WHEREAS, federal highway funds are received by the state as reimbursement for the expenditure of constitutionally dedicated state highway user taxes, and WHEREAS, it has recently been suggested that federal h~ghway funds received by the State of Texas as reimbursement be diverted to general revenue purposes, and WHEREAS, diversion of the federal highway funds would violate the public trust, and destroy the successful concept that those who use highways should pay for their constructmon and maintenance, and WHEREAS, Texas voters can stop this potential attempt at diversion of federal highway funds to unrelated purposes by voting for the proposed Good Roads Amendment to the state constitution on the ballot in the November, 1988 general election, and WHEREAS, this proposed constitutional amendment will appear on the ballot as follows "The constitutional amendment and/or clarification providing that federal reimbursement of state highway dedicated funds are themselves dedicated for the purpose of acquiring rights-of-way and constructing, maintaining, and policing public roadways", NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That the City Council supports the proposed constitutional amendment dedicating federal highway funds received by the State of Texas exclusively for the intended purpose of improving Texas highways, and that the Council urges all Texas voters to Join in supporting the proposed amendment. SECTION II. That this resolutzon shall become effectzve immediately upon its passage and a~val. ~ PASSED AND APPROVED this the~ day o , 1988. ATTEST. APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 2409L RESOLUTION NO. ~ A RESOLUTION AUTHORIZING THE ACQUISITION OF A STORMWATER DRAINAGE EASEMENT, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton, Texas, has heretofore determined the necessity for the acquisition by the City of Denton of a stormwater drainage easement in the land hereinafter described, and WHEREAS, the City of Denton has been unable to agree with the owners upon the value of the drainage easement, 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 a stormwater drainage easement in the hereinafter described land by proceedings in Eminent Domain. SECTION II. That Dan C. Coffey and Jeff Robb, Attorneys at Law, acting on behalf of the City of Denton, are hereby authorized and directed to bring condemnation proceedings to obtain a stormwater drainage easement in, over, and under the land situated in the City of Denton, Texas, described in Exhibit "A" and "B", attached hereto and incorporated herein by reference, for the purpose of constructing, reconstructing, repairing and maintaining a stormwater drainage easement in, on, and under said property. SECTION III. This Resolution shall become effective from and after its date of passage. ATTEST: APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY EXHIBIT "A" All that certain tract or parcel of land situated ~n the Robert Beaumont Survey, Abstract Number 31, Denton county, Texas; said tract also being' Dart of a tract shown by deed to Denton Center Joint Venture as recorded in Volume 993, Page 369 of the Deed of Records, of Denton County, Texas, and being more fully described as follows: Beginning for the northeast corner of the easement being described herein, a point in the north l~ne of said Denton Center tract which bears North 89 degrees 51 minutes 50 seconds West a distance of 72.52 feet from the northeast corner of said Denton Center tract; Thence South O0 degrees 08 minutes 10 seconds West, a distance of 15.00 feet to a point from the southeast corner of the herelm described easement; Thence North 89 degrees 51 minutes 50 seconds West, parallel with and 15.00 feet in a southerly direction from the north line of said Denton Center tract, the same being the south line of said Ev. Lutheran tract, a distance of 655.00 feet to a Dolnt for the southwest corner of the ~erein described easement; Thence North 00 degrees 08 minutes 10 seconds East, a distance of 15.00 feet to a point for the northwest corner of the herein described easement; said point also being in t~e north line of said Denton Center tract, and the south line of said Ev. Lutheran tract; Thence South 89 degrees 51 minutes 50 second East, along the nort~ line of said Denton center tract, and the south line of said Er. Lutheran tract, passing at 625.00 feet, the southeast corner of said Er. Lutheran tract, the same being the northern southwest corner of a tract shown by deed to Denton Properties Ltd., recorded in Volume 1553, page 510 of the Denton County Real Property Records, in all a total distance of 655.00 feet to the Point of Beginning and containing 0.226 of an acre of land. EXHIBIT "B" All that certain tract or parcel of land situated in the Robert Beaumont Survey, Abstract Number 31, Denton County, Texas; said tract also being Dart of a tract shown by deed to Denton Center Joint Venture as recorded in Volume 993, Page 369 of the Deed Records of Denton County, Texas, and being more fully described as follows: Beginning for the northeast corner of the easement being described herein, a Doint in the north line of said Denton Center tract which bears North 89 degrees 51 minutes 50 seconds West a distance of 60.52 feet from the northeast corner of said Denton Center tract; Thence South 00 degrees 08 minutes 10 seconds West, a distance of 27.00 feet to a Doint for the southeast corner of the herein described easement; Thence North 89 degrees 51 minutes 50 seconds West, Darallel with and 27.00 feet in a southerly directson from the north line of said Denton Center tract, the same being the south line of said Ev. Lutheran tract, s distance of 667.00 feet to a Doint for the southwest corner of the herein described easement; Thence North O0 degrees 08 minutes 10 seconds East, a distance of 12.00 feet to a Doint for the northwest corner of the herein described easement; said Doint also being the southwest corner of a 15 foot drainage easement described in the attached Exhibit Thence South 89 degrees 51 minutes 50 seconds East, Darallel wsth and 15.00 feet in a southerly direction from the north line of said Denton Center tract a distance of 655.00 feet to a Doint for an inner ell corner of the herein described easement; Thence North 00 degrees 08 minutes 10 seconds East, a distance of 15.00 feet to a Doint in the north line Of said Denton Center tract and the south line of a tract shown by deed to Denton Properties, Ltd., recorded in Volume 1553, Page 510 of the Denton County Real Property Records; same Doint being the northeast corner Of a 15 foot drainage easement described in the attached Exhibit "A"; Thence South 89 degrees 51 minutes 50 seconds East, along the north line of said Denton Properties Ltd., tract a distance of 12.00 feet to the Point of Beginning and containing 0.188 of an acre of land. 1866L RESOLUTION NO.~ A RESOLUTION APPOINTING ROLAND VELA TO THE BOARD OF DIRECTORS OF THE TF~S MUNICIPAL POWER AGENCY AND DECLARING AN EFFECTIVE DATE. WHEREAS, Roland Vela's term of office for Place 2 on the Board of Directors of the Texas Municipal Power Agency has expired, and WHEREAS, Vela was heretofore appointed by the City Council of the City of Denton, Texas to Place 2 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, Roland Vela is hereby appointed to the two year term of office to Place 2 on the Board of Directors of the Texas Municipal Power Agency, the term of office beginning July, 1988 and ending July, 1990. SECTION II. This resolution shall become effective from and after its date of passage, and it is so ordered. PASSED AND APPROVED this the 16th day of August, 1988. ATTEST: FER ~tLTEI~S, CITY SECR~ETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI D~YOVITCH, CITY ATTORNEY 2455L RESOLUTION NO.~~-/ A RESOLUTION RECOMMENDING THAT RAISED MEDIANS BE CONSTRUCTED DURING THE WIDENING OF A PORTION OF TEASLEY LANE (F.M. 2181), AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That, upon consideration, the City Council of the City of Denton hereby recommends that the median to be constructed on Teasley Lane (F.M. 2181), from its intersection with Interstate Highway 35E, to a point two miles south, be raised from the ground, with median cuts to be constructed at street intersections and major accessways. The Council further recommends that traffic signals be erected at the intersection of Londonderry Lane and Farm to Market Road 2181, the frontage roads and Farm to Market Road 2181, and at the median cut approximately halfway between these two points. SECTION II. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /~day of~ , 1988. ATTEST APPROVED AS TO LEGAL FORM. DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 2454L RESOLUTION NO.~ A RESOLUTION APPOINTING BILL UTTER AS THE OFFICIAL VOTING REPRESENTATIVE TO THE REGIONAL TRANSPORTATION COUNCIL OF THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS, AND PROVIDING FOR AN EFFECTIVE DATE. SECTION I. That Bill Utter is hereby appointed as the official voting representative of the City of Denton to the Regional Transportation Council of the North Central Texas Council of Governments. SECTION II. That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the 16th day of August, 1988. RAY STAMENS, ~AYOR ATTEST' APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 2295L RESOLUTION NO. ~--~k~ A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A SECURITY AGREE- MENT ON BEHALF OF MBANK RELATING TO THE LEASE BETWEEN THE CITY AND FIRST FINANCIAL RESOURCES, INC., AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on the 15th day of September, 1987, the City entered into a Lease Agreement with First Financzal Resources, Inc. for the lease of certain property at the Denton Municipal Azrport, and WHEREAS, Section VIII of sazd Lease Agreement provides that any corporation that lends money to Lessee for construction of any hangar, structure, building or improvement and retains a securzty 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 said hangar, structure, building or improvement according to the terms of the Agreement, for a period not to exceed the term of the mortgage with Lessee, or untzl the loan is paid in full, whichever comes first, but in no event longer than the term of the Lease, and that the right of the Mortgagee is limited and restricted to those improvements constructed with funds borrowed from Mortgagee, and WHEREAS, on the 26th day of October, 1987, MBank executed a note to First Financial Resources, Inc. (Lessee), the proceeds of said note being used to construct improvements to the leased premises, and WHEREAS, Lessee and MBank have requested that the City of Denton approve a Security Agreement evidencing the rights of MBank as mortgagee in the leasehold interest and as such is not specifically authorized by said Section VIII, the approval of the City Council is required, NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS SECTION I. That the City Manager is hereby authorized to approve the Security Agreement, a copy of which is attached hereto as Exhibit "A'~ incorporated by reference herezn SECTION II. That this Resolution shall take effect and be in full force immediately upon its passage. PASSED AND APPROVED this thef~'-~day of~ , 1988. ATTEST APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY ~ - COLLATERAL TRANSFER OF LEASE (Security Agreeement) THE STATE OF TEXA~ S KNOW ALL MEN BY THREE PRESNNTS~ COUNTY OF DENTON S That FIRST FINANCIAL RESOURCES, INC., a Delaware corporation, whose address is 611 Eimberly Drive, Denton, Denton County, Texas, hereinafter called #Debtor#, for a valuable and sufficient consideration paid, tho receipt of which is hereby acknowledged, hereby TRANSFERS, ASSIGNS AND CONVEYS unto MBANK DENTON whose address is 215 W. Hickory, canton, Denton County, Texas, hereinafter called "Secured Party' that certain Lease Agreement dated September 15, 1987, by and between the City of Denton, as Lessor and First Financial Resources, Inc., as Lessee, covering a certain tract of land situated in the T Toby Survey, Abstract 1285, Denton County, Texas, and being more ~ully described in said Lease Agreement, a copy of said agreement attached hereto and made a part hereof for all purposes This transfer is made to secure the payMnt of that one certain promissory note in the original principal sum of $100,000.00, dated October 26, 1987, executed by First Financial Resources, Inc., and payable to the order of Secured Party and upon full payl~ent of which note this transfer shall be null and void and said Lease Agreement, shall, at the expense of Debtor, be re-transferred, without warranty or recourse, to Debtor by Secured Party. In the event of default in the payment of any installment, prinolpel or interest, o~ the Note hereby secured, in accordance with the terms thereof, Secured Party may elect, Debtor hereby expressly waiving notice, demand and presentment, to declare the entire indebtedness secured immediately due and payable. In the event of default in the payment of said indebtedness when due or declared due, Secured Party shall have the right to enter upon said leased premises and operate or manage any improvements thereon under the terms of the Lease Agreement hereinabove described This Se~u~ity Agreement is subject to the approval of the City of Denton, Lessor Debtor agrees to pay Secured Party reasonable attorney*s fees end court costs which may be incurred as a result of any legal action instituted to enforce this instrument. The law governing this secured transaction shall be the applicable laws of the State of Texas, and the venue of any action concerning the enforcement of this instrument shall be Denton County, Texas EXECUTED this 2 hday of 957 FIRST FINANCIAC RESOURCES, INC Debtor CITY OF D~ON, TEXAS / THE STATE OF TEXAS COUNTY OP DENTON This Instrument was acknowledged before me on this~.,~ day of October, 1987, by \ ( ~- , ~,,. f' ~c ~-~,~ ~ , of First Financial ReSources, Inc , a Delaware corporation, on behalf of said corpor~tion. Not~ry Publ£c[ State of Te&a~ . Commission Ex~ires= ~-(~- (/ Ordinance NOTE Amended by R88-069 Amendment No. 1 - R94-025. Amendment No 2 98-311 Amendment No. 3 - 99-468. RESOLUTION NO.~ A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A COMPROMISE AND SETTLEMENT AGREEMENT IN THAT CERTAIN LITIGATION STYLED MAVERICK AIRCRAFT, INC. VS. THE CITY OF DENTON, TEXAS, ET AL, AND A CONSENT TO ASSIGNMENT OF A CERTAIN AIRPORT LEASE, AND DECLARING AN EFFECTIVE DATE. WHEREAS, a dispute has arisen among the City of Denton, Maverick Aircraft, Inc. and United National Bank as to the obligations, if any, of the parties to a certain lease between the City and Maverick Aircraft, Inc executed the 18th day of October, 1979 as amended by Amendment No 1 executed the 19th day of August, 1985, and, WHEREAS, United National Bank has assigned its cause of action and all rights associated therewith to Tony A. Riley and Group One, Inc., and WHEREAS, bona fide disputes and controversies exist among the parties hereto, and by reason of such disputes and controversies, the parties hereto desire to comprise and settle all claims of action which the parties have or may have in the future with regard to the events set forth in the pleadings on file in the actions styled Maverick Aircraft~ Inc vs. City of Denton, Cause No. 88-1829-D and Maverick Aircraft, Inc. vs. City of Denton, in the District Court, Cause No. 86-2024-D, seeking a declaratory judgment on certain matters, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES' SECTION I. That the Mayor is hereby authorized to execute that 'certain Compromise and Settlement Agreement between the City, Maverick Aircraft, Inc. and Tony A. Riley and Group One, Inc., and between the City and United National Bank, relating to the above-referenced litigation, copies of which are attached hereto as Exhibit "A" and incorporated ~A ference herein, in substantially the same form as in Exhibit ,,re SECTION II. That upon receipt of the Amendment to Lease Agreement which has been executed by Maverick Aircraft, Inc., a copy of which is attached hereto as Exhibit "B" and incorporated by reference herein, the Mayor is authorized to execute said Amendment SECTION III. That upon receipt of the executed Amendment to Lease Agreement, the Mayor is authorized to execute a consent to assignment to said Lease Agreement, a copy of which consent is attached hereto as Exhibit "C" and incorporated by reference herein. SECTION That this Resolution shall take effect and be in full~mmedtately from its passage and approval. PASSED AND APPROVED this the ~ day of ~ 1988 kY ST~HEN , ~ ATTEST APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 2468L EXHIBIT "ATM NO. 88-1829-D MAVERICK AIRCRAFT, INC. % IN THE DISTRICT cOURT VS. § DENTON COUNTY, TEXAS THE CITY OF DENTON, TEXAS § 362ND JUDICIAL DISTRICT MUTUAL COMPROMISE SETTLEMENT AND RELEASE OF ALL CLAIMS Plaintiff, Maverick Aircraft, Inc., (MAVERICK), Defendant, the City of Denton, Texas, (CITY) and Intervenor, Tony Riley and Group One, Inc. (INTERVENOR) for and in consideration of mutual agreements set out herein and the execution of a lease o i certain property at the Denton Municipal Airport, a copy of which is attached hereto, all of which is hereby acknowledged as sufficient consideration, do hereby enter into this Mutual Compromise Settle- ment And Release of All Claims. For purposes of clarification, INTERVENOR is the assignee of the original intervenor's (United National Bank) cause of action. MAVERICK hereby releases, acquits, and forever discharges CITY and INTERVENOR of all actions, causes of action, claims, (including subrogation claims), and demands on account of, or in any way growing out of, any and all damages, costs, loss of services, expenses, violation of rights, damage to reputation, mental anguish, loss of earning capacity, loss of pro fits or money, and damage to or taking of property, whether known or unknown and whether heretofore asserted or not, resulting or to result from, the events, disputes, and conflicts (hereafter sometimes together referred to as EVENTS), surrounding or connected with any prior lease (or breach of prior lease) of property by CITY to MAVERICK, all as more fully described in the pleadings on file herein, to which reference is made for a more complete description, and MAVERICK does hereby agree to release and save CITY and INTERVENOR harmless from all further claims possessed by MAVERICK or its successors in interest, including subrogation claims, demands, costs or expenses arising out of any injuries or damages sustained by MAVERICK or its successors in interest as a result of said EVENTS. CITY hereby releases, acquits, and forever discharges MAVERICK and INTERVENOR, of all actions, causes of action, claims, (including subrogation claims), and demands (except claims for taxes) on account of, or in any way growing out of, any and all damages, costs, loss of services, expenses, violation of rights, damage to reputation, mental anguish, loss of earning capacity, loss of profits or money, and damage to or taking of property, whether known or unknown and whether heretofore asserted or not, resulting or to result from, the events, disputes, and conflicts (EVENTS) surrounding or connected with any prior lease (or breach of prior lease) of property by CITY to MAVERICK, all as more fully described in the pleadings on file MUTUAL COMPROMISE SETTLEMENT AND RELEASE OF ALL CLAIMS/PAGE 2 herein, to which reference is made £or a more complete description, and CITY does hereby agree to release and save MAVERICK and INTERVENOR harmless from all further claims (except claims for taxes) possessed by CITY or its successors in interest, including subrogation claims, demands, costs or expenses arising out of any injuries or damages sustained by CITY or its successors in interest as a result of said EVENTS. INTERVENOR hereby releases, acquits, and forever discharges CITY and MAVERICK, of all actions, causes of action, claims, (including subrogation claims), and demands on account of, or in any way growing out of, any and all damages, costs, loss o f services, expenses, violation of rights, damage to reputation, mental anguish, loss of earning capacity, loss of profits or money, and damage to or taking o£ property, whether known or unknown and whether heretofore asserted or not, resulting or to result from, the events, disputes, and conflicts (EVENTS) surrounding or connected with any prior lease (or breach of prior lease) of property by CITY to MAVERICK, all as more fully described in the pleadings on file herein, to which reference is made for a more complete description, and INTERVENOR does hereby agree to release and save CITY and MAVERICK harmless from all further claims possessed by INTERVENOR or its successors in interest, including subrogation claims, demands, costs or MLTUAL COMPROMISE SETTLEMENT AND RELEASE OF ALL CLAIMS/PAGE 3 expenses arising out of any injuries or damages sustained by INTERVENOR or its successors in interest as a result of said EVENTS. The undersigned understand and agree that this mutual release and mutual execution of the amended lease agreement is in full satisfaction of all damages arising on account of the above described EVENTS, and that except as agreed between MAVERICK and INTERVENOR, they will receive no further consideration or sums of money therefrom. (Any such agreement between MAVERICK and INTERVENOR is in no way binding on CITY and gives no rights against CITY.) The undersigned agree not to assert or prosecute any further claims or lawsuits against anyone whomsoever, whether or not herein or otherwise named, described, or identified, he riot lease agreements or arising f-rom or in connection with t ~$,~6 ~rof~ oF ~/~ Fv~ the EVENTS as above described. Any and all claimsA against parties not specifically released herein, if any, are hereby assigned in full to the parties hereby released. It is agreed that this settlement and release agreement does not apply to claims for taxes. It is expressly warranted by all parties to this agreement that no promise or inducement has been offered except as herein set forth; that this Release is executed without reliance upon any statement or representation of any person or parties released or their representatives, concerning the nature and extent o f the MUTUAL COMPROMISE SETTLEMENT AND RELEASE OF ALL CLAIMS/PAGE 4 injuries, damages, and/or legal liability therefore, that acceptance of the consideration set forth herein is a full accord and satisfaction of disputed claims for which liability is expressly denied. FOR THE SAME CONSIDERATION, it is agreed that the above- styled suit will be dismissed with prejudice to refile the same and with costs taxed to the party incurring the same. FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, MAVERICK agrees to sublease to INTERVENOR under the same terms as the "Amended Lease Agreement" between CITY and MAVERICK until INTERVENOR forecloses on said lease as provided in INTERVENOR's Deed of Trust. Furthermore, MAVERICK agrees not to contest or delay in any way INTERVENOR's foreclosure under its Deed of Trust and/or Security Agreements. Regardless of any other statements by INTERVENOR in this document~INTERVENOR does not release any lien(s) against MAVERICK nor does INTERVENOR release MAVERICK from any liability except as provided in a separate agreement of even date herewith between INTERVENOR and MAVERICK. This document contains the entire agreement of the parties hereto. THE pROVISIONS OF THIS RELEASE ARE CONTRACTUAL AND NOT MERE RECITALS. MUTUAL COMPROMISE SETTLEMENT AND RELEASE OF ALL CLAIMS/PAGE 5 WITNESS our hand this ~$f~ day of ~,~w$/-- , 1988. MAVERICK AIRCRAFT, INC. OTHO HENDERSON, PRESI~NT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on the ~day of ~O~d~- , 1988 by Otho Henderson, Pres~ Maver£ck~Atrcraft, Inc., a Texas corporation on behalf of said corporation. ~ ~,.,, CI~ OF D~TON, T~S BY. RAy ST~HEHE~ ATTEST: JE~ER W~LTERS-, CITY SgCI(ETAR¥ MUTUAL COMPROMISE SETTLEMENT AND RELEASE OF ALL CLAIMS/PAGE 6 THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on the ~d~.. day of ~r~o,~'- , 1988 by Tony A. Riley. NOTARY pUBLIC, STATE OF T~XAS My Commission expires: ~~ GROUP ~, INC. ~ lES H~ p~ENT ~E STATE OF T~S ~ CO~TY OF DENTON % ~is instrument was acknowledged before me on the ~0~ day of Ao~u~ , 1988 by James Huff, President o~ ~One, Inc., a~Texas cor~'ation on behal~sai~' NOT~Y P~LIC, STATE OF T~S My Co~ission expires: ~ MUTUAL COMPROMISE SETTLEMENT AND RELEASE OF ALL CLAIMS/PAGE 7 APPROVED: RONALD H. CLARK ATTORNEY FOR CITY OF DENTON ATTORNEY FOR MAVERICK AIRCRAFT, INC · MUTUAL COMPROMISE SETTLEMENT AND RELEASE OF ALL CLAIMS/PAGE 8 EXHIBIT "A" CAUSE NO. 88-1829-D MA~aa(ICK AIRCRAFT, INC. } IN THE 362ND JUDICIAL ) VS. } DISTRICT COURT OF ) THE CITY OF DENTON, TEXAS } DENTON COUNTY, TEXAS MUTUAL COMPROMISE SETTLEMENT ANDRELEASE OF CI.AYM~ AG~mwR.~T THIS AGREEMENT is by and between THE CITY OF DENTON, TEXAS, (CITY) and UNITED NATIONAL BANK (BANK). WHERF2~S, on or about October 1, 1979, CITY entered into a certain lease agreement with MAVERICK AIRCRAFT, INC., and; WHEREAS, BANK, as security for certain promissory notes executed by MAVERICK AIRCP~%FT, INC., in favor of BANK obtained a security interest in and to certain assets of MA¥~ICK AIRCRAFT, INC., including, but not limited to, the lease agreement between CITY and MA¥~ICK AIRCRAFT, INC., identified herelnabove, and; WHEREAS, disputes have arisen between CITY, BANK and MAVERICK AIRCRAFT, INC., regarding the lease agreement referred to hereinabove and the respective rights, duties, privileges and obligations of CITY, BANK and MAVERICK AIRCRAFT, INC., regardang the lease agreement referenced herelnabove, and; WHEREAS, the above referenced disputes by, between, and among CITY, BANK, and MAVERICK AIRCRAFT, INC., resulted in litigation by, between, and among CITY, BANK, and MA¥~ICK AIRCRAFT, INC., and there is now currently pending in the 362nd Judicial District Court of Denton County, Texas, Cause No. 88- 1829-D in which MA¥~ICK AIRCRAFT, INC., is Plaintiff, CITY is MUTUAL COMPROMISE SETTLEMENT AND RELEASE OF CLAIMS AGREEMENT - Page 1 Defendant, and BANK is an intervenor involving the disputes and controversies, and; WHEREAS, prior to the execution of this Compromise Settlement Agreement and Release, BANK has transferred, assigned, or otherwIse conveyed to TONY A. RILEY and GROUP ONE, INC., all of its claims and causes of action against CITY and NA~KICK AIRCRAFT, INC., arising from, relating to, or in any way connected with the above referenced lease agreement, and has further transferred, assigned, or otherwise conveyed to TONY A. RILEY and GROUP ONE, INC., all of 1ts right, title and interest in and to the promls6ory notes and security agreements executed by MA¥~KICK AIRCI~AFT, INC., in favor of BANK, and BANK no longer retains any claim or cause of action against CITY arising from, relating to, or in connection with the above referenced lease agreement, but strictly represents that any such claim or cause of action has been transferred to TONY A. RILEY and GROUP ONE, INC., prior to the execution of this Compromise Settlement Agreement and Release. NOW, THEREFORE, IN CONSIDERATION of the following mutual covenants, promises, and agreements, and in further consideration of the above and foregoing recitals CITY and BANK agree as follows: 1. BANK hereby releases, acquits, and forever discharges CITY from any claims, causes of action, or demands arising from or in connection with the above referenced lease agreement which BANK retained, or may have retained, subsequent to the transfer, MUTUAL COMPROMISE SETTLEMENT AND RELEASE OF CLAIMS AGREEMENT - Page 2 assignment or other conveyance of the BANK's claims, causes of action, notes and security instruments securing same to TONY A. RILEY and GROUP ONE, INC. 2. CITY hereby releases, acqults, and forever discharges BANK from any and all claims, causes of action, and demands arising from or in connection with the above referenced lease agreement and promissory notes executed by MA~KICK AIRCRAFT, INC., in favor of BANK and security instruments and agreements securing same. 3. CITY and BANK understand and agree that no agreement, representation, covenant or promise contained herein shall act as a release, acquittal, or discharge of any claim or cause of action by, between or among CITY, MA~KICK AIRCRAFT, INC., and TONY A. RILEY and GROUP ONE, INC. (as BANK's successor in interest), which one may have against the other or others, but that this Compromise Settlement Agreement and Release is intended to have the sole and exclusive effect of the CITY and BANK mutually releasing, acquitting, and forever discharging each other from any and all claims, causes of action, and demands one may have against the other arising from, relating to, or In any way connected with the above identified lease agreement, whether known or unknown to cITY or BANK, as of the date of execution of this compromise Settlement Agreement and Release. 4. CITY and BANK agree that this Compromise Settlement Agreement and Release shall be binding upon and inured to the benefit of CITY and its successors in interest, and BANK. MUTUAL COMPROMISE SETTLEMENT AND RELEASE OF CLAIMS AGREEMENT - Page 3 5. CITY and BANK ~cknowledge and agree that nothing contained herein shall be construed as an admission of liability on the part of either party to the other concerning the subject matter addressed herein, any such liability being expressly denied. 6. This Compromise Settlement Agreement and Release contains the entire agreement of the parties concerning the subject matter addressed herein, and supercedes any and all prior agreements between the parties oral o~wrltten. EXECUTED this ~ day of/d].{~ , 1988. CITY OF DENTON, TEXAS BY: ~ ATTEST: UNITED NATIONAL BANK BY: ~/~fl~ON, PRESIDENT MUTUAL COMPROMISE SETTLEMENT AND RELEASE OF CLAIMS AGREEMENT - Page 4 STATE OF TEXAS ) ) COUNTY OF DENTON ) This instrument was acknowledged before me on September 1, 1988, by ALAN CAWTHON as Presldent of UNITED NATION.BANK of ~Notary Public, ,State o~f ~xas~ Commission Expires: ~-~'--~J Printed Name: FOSTENE E PAYTON Nol,,ry Pu~tlC In nncl fo~ U~e Stnte o! Tex~ My Commi~lon Expires $-$-90 MUTUAL COMPROMISE SETTLEMENT AND RELEASE OF CLAIMS AGREEMENT - Page 5 2394L/082988 THE STATE OF TEXAS § AMENDED LEASE AGREEMENT FOR COUNTY OF DENTON § FIXED BASE OPERATION ACTIVITY THIS LEASE entered into this day of , 1988 by and between the City of Denton, hereinafter referred to as "LESSOR" and Maverick Aircraft, Inc , hereinafter referred to as "LESSEE". WHEREAS, the airport lease agreement between the City o f Denton and Maverick Aircraft, Inc. has resulted in disputes between the parties which has further resulted in litigation, and WHEREAS, the parties resolve and agree to settle these differences and dispose of the litigation by modifying the lease and executing a settlement agreement for the mutual benefit of the parties, NOW, THEREFORE, WITNESSETH The City of Denton, Texas hereinafter referred to as "City" and Maverick Aircraft, Inc , hereinafter referred to as "Maverick", for and in consideration of the dismissal of the lawsuit styled, Maverick Aircraft~ Inc. vs. City of Denton, No 88-1829-D filed in the Denton County District Court, Dunton, Texas, of which there are disputed claims between the parties, do hereby mutually agree that the airport lease dated October 1, 1979, between the City of Denton and Aerosmith Denton Corporation,assigned to Maverick by Order of th~ Bankruptcy Court on April 18, 1984 and the same Lease which was later amended by the mutual consent of the parties on August 21, 1985, and the same lease which was later amended by Agreed Judgment of the Court entered in the case styled Maverick Aircraft~ Inc vs. City of Denton, No. 86-2024-D in the Denton County District Court, Denton, Texas, be hereby modified and contain the following agreement between the parties. NOW, THEREFORE, in consideration of the mutual undertakings, agreements and covenants hereinafter set forth, the parties hereto agree as follows: ARTICLE I CONDITIONS OF AGREEMENT 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 servzces on a fazr, equal and not unjustly discriminatory basis to all users thereof, and 2 To charge fazr, reasonable and not unjustly dzscrimzna- tory prices for each unzt or service, provided that the Lessee may be allowed to make reasonable and nondzs- criminatory discounts, rebates, or other similar types of price reductions to volume purchasers. B. Non-Discrimination. The Lessee for itself, its personal representatives, successors in interest, and asszgns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running wzth the land that 1. No person on the grounds of race, relzgzon, color, sex or national origin shall be excluded from particzpatzon in, denied the benefits of, or be otherwise subjected to discrimination in the use of sazd faczlities. 2 In the construction of any zmprovements on, over, or under such land and the furnishzng o£ 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 otherwzse be subjected to discrimination 3. The Lessee, shall use the premzses zn 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, Non-discrimination in Federally Asszsted Programs of the Department of Transportatzon-Effectual of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended In the event of breach of any of the above non-discrimznatory covenants, Lessor shall have the right to terminate the Lease and to reenter and repossess said land and the facilities thereon, and hold the same as if said Lease had never been made or zssued Thzs provision does not become effective until the procedures of 49 CFR Part 21 are followed and completed, zncludzng expiratzon of appeal rights. C Public Areas. 1. Lessor reserves unto itself, zts successors and asszgns for the use and benefit of the flying public, a rzght of flight for the passage of aircraft above the surface of the premises descrzbed herezn, together wzth the right to cause in said azrspace such noise as may be MAVERICK AIRCRAFT, INC /PAGE 2 inherent in the operatzon of aircraft now known or hereafter used, for navigation of or flight in the sazd airspace, and for use of said airspace for landing on, taking off from, or operating on the Denton Municipal Airport. 2. 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 3. Lessor reserves the right to take any action it con- siders 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, mn the opinion of the Lessor, would limit the usefulness or safety of the airport or constitute a hazard to aircraft or to aircraft navigation. ARTICLE II PREMISES AND PRIVILEGES For and in consideration of the terms, conditions and covenants of this Lease to be performed by Lessee, all of whzch Lessee accepts, City hereby leases to Lessee and Lessee hereby hires and takes from City certain property (hereinafter called "leased premises", Exhibit A), located at the Denton Municipal Airport and certain non-exclusive attendant privileges, uses and rights, as hereinafter specifically set out. A. DESCRIPTION OF PREMISES DEMISED. That the Lessor hereby leases to the Lessee and the Lessee does hereby accept and rent from the Lessor that tract of land, together wzth improvements situated here on, described as follows A tract of land consisting of approximately 9.1 acres or 392,040 square feet as depicted in Exhibit "A", attached hereto and incorporated herein by reference, and having the following metes and bounds: (metes and bounds description to be provzded by Lessor within 45 days of the date oi execution hereof) MAVERICK AIRCRAFT, INC./PAGE 3 ................... ~ .............. cx --iuel farm, wi-~-Ll~=--r~i~L '-o~f--~~-~ees-thereto, which dcscribc~ as follows (metes and bounds description to be provided by Lessor within days of the date of exgcution h~reof)~(~ ~ 4~Q5~'C~4~ ~(~.~E~'~ ~D~I~' ~OPER~ If, durzng the term of the primary lease, Lessee decides to construct additional facilities or to expand its operations into the area marked "D" on the attached Exhibit A, then Lessee shall so noti~ Lessor The use of and terms of lease of any such s~ce shall be subject to negotiation between the parties and the terms of this lease shall not necessarily apply. However, should some other party make a bona fide offer to the City to lease any of such pro~rty, then Lessee shall have the right of iirst re~sal to meet the financial and other terms of any such oifer zncluding the fees and consideration offered by such third party to the City. Lessee must exercise said right w~thin 30 days ~om the date of notice by Lessor C TE~. To have and hold the said premises together with all improvements, appurtenances, rights, and privileges thereunto belonging or in any wise appertaining, unto the said Lessee for a term of years, beginning the date first set out in this agreement and ending August 30, 2009 (the primary term) unless so terminated on an earlier date under any other provisions of this Agreement Lessor shall grant to Lessee the right to extend the term of thzs Lease for an additional ten (10) year period ~om the date of expiration of said p~im~ry term, if Les~e~ .... 1. Lessee shall construct capital improvements (improve- ments, constructed by Lessee, which are fixed to the leasehold premises), equal in value to not less than ~58,333.00, which shall be completed on or before August 31, 1993. ~,d,o~a/ ~ f ~ 2. Lessee shall construct~fixed capital improvements equal in value to $58,333.00, whtch~ll~e completed on or before August 31, 1998 .,'. ~,~ 3. Lessee shall construct~fixed capital improvements equal tn value to $58,333.00, which shall be completed on or before August 31, 2003. 4. Lessee must notify Lessor, in wrzting, not later than August 31, 2003, of its intent to exercise its rights of extension MAVERICK AIRCRAFT, INC /PAGE 4 ~ f~~°Pa~en~urfng s~C~'~P~aid extendev~*~w'~d term for 'iche 9 1 acre tract shall be not less than the ren~ln ~v.ora~ntazned~ t~ the lease most recently executed by Lessor ~~ ~, 20~ property which is classified as "2" on the attached map, being exhibit "B". ~(~ ~) ~ ~ f D. USE OF PREMISES. Lessee is granted the non-exclusive privilege to engage in or provide the following Lessee is required and is hereby granted the non-exclusive privilege to ~ngage in the business of and provide the services of a ~11 and complete fixed base operator. It ~s expressly understood and agreed that the non-exclusive right to conduct aeronautical activities for ~rnishing services to the public, including the delivery of ~el into aircraft ~s granted to the Lessee subject to the provisions set forth herein and all applicable ordinances of the City of Denton. Lessee, its tenant~ and sublessees shall not be authorized to conduct any services not s~cifically listed in th~s Agreement The use of the leased premises of Lessee, its tenants or sub- lessees shall be l~mited as follows 1. The right and privilege to engage in commercial aviation act~vities, hereby defined as those activities which involve the sale of aviation services ior profit to the general public and shall include ~e maintenance and servicing of aircraft, which right shall include overhauling, rebuilding, repazring, inspection, and lzcensing of same and the purchase and sale of parts, equipment, and accessories therefor. 2. ~e sale of aircraft fuels, lubrzcants, and propellants within the leased area and at such other areas that may be designated by Airport Manager. 3. ~e storing of aircraft ~n hangars or on tiedown areas o~ed or operated by the Lessees 4 ~e sale of said ~els, lubricants, and propellants shall include the right to use vehicles necessary for the servicing of aircraft. 5. ~e o~ration of a bus~ness oi buyzng and selling new and used aircraft, aircraft parts, and accessories therefore, and aviation equipment of all descrzptions either at retail, wholesale, or as a dealer. MAVERICK AIRCRAFT, INC./PAGE 5 6. The operation and sale of aerial survey, photograph, mapping, and spraying services. (However, spraying services shall at all times comply with applicable local, state, and national regulations pertaining to aerial spraying.) 7. The operation and sale of air taxz and sightseeing services 8. The operation of schools for the instruction of the general public in flying, navigation, mechanics, aerial survey, photography, aircraft design and/or training of the general public in any art, science, craft, or skill pertaining directly or indirectly to aircraft 9. The operation of non-scheduled and charter air trans- portation of passengers. 10. The sale through coin operated vending machines of tobacco, confections, and refreshments and the maintenance on the leased premises of appropriate facilities therefor. 11. The undertaking of any phase of aviation activity for profit related to or in any way contributing to air transportation or aerial navigation, as long as such activity in no way interferes or hinders any F.A.A. approved navigational aids that may exist now or in the future at the Airport. 12. The operation of rental cars pursuant to a franchise agreement as required by the Denton City Charter, with ten (10%) percent of the net profits payable to Lessor on a monthly basis, payable with other fees. 13. The general use, in common with others authorized to do so, of all public airport facilities and improvements which are now or may hereafter by connected with or appurtenant to said Airport, except as hereinafter provided. No person, business or corporation other than Lessee may operate a commercial, retail or industrial business upon the pre- mises of Lessee or upon the Airport, without prior written consent from Lessor authorizing such commercial, retail or industrial activity. Lessee shall be allowed to provide sleeping quarters and other accommodations for use of an around-the-clock security guard. This provision shall not be construed to allow family MAVERICK AIRCRAFT, INC./PAGE 6 living on the leased premises, and it zs 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, its tenants, invitees, or guests be permitted to reszde or remain as a resident on or withzn the leased premzses or other airport premises Lessee shall file with the A~rport Manager and keep current its mailing address, telephone number(s) and contacts where he can be reached in an emergency. Lessee shall file with the Airport Manager and keep current a list of its tenants and sublessees. Lessee shall require its employees and sublessees (and sub- lessee's invitees) to abide by the terms oi this Agreement. Lessee agrees it shall promptly correct or remedy any breaches of any rules, regulations, terms, conditzons or covenants by zts employees or sublessees. E RIGHTS OF MORTGAGEE Any person, corporation or institu- tion that lends money to Lessee for construction of any hangar, structure, building or improvement and retains a securzty interest in said hangar, structure, building or improvement shall, upon default of Lessee's obligations to said mortgagee, have the rzght 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 zs 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 restrzcted to those improvements constructed with funds borrowed from mortgagee F. RULES~ REGULATIONS AND RESTRICTIONS The use o£ the pre- mises shall at all times be in compliance with and subject to any covenants, restrictions and condztions of record pertaining to the use and occupancy of the leased premises and shall at all times comply with the laws, codes, ordinances, rules and regula- tions, either existing or those promulgated in the iuture, by the City of Denton, the County of Denton, the State of Texas, the United States of America and the Federal Aviation Administration, or their successors. Lessee shall not operate or permit the operation of any transmitter devices, electrical signals pro- ducers, or machinery on the leased premzses which could interfere with the electronzc aircraft navigatzon aids or devices located on or off Airport property. Lessee shall not be permitted to engage in any business or operation on the leased premises whzch would produce obstructions to visibilzty or violate height restrictions as set forth by the Federal Aviation Administration MAVERICK AIRCRAFT, INC./PAGE 7 and/or the City of Denton. Lessee further agrees that at no time during the term of this lease shall any material, fluids, solids or gaseous substances be utilized, stored, disposed of or trans- ported on the leased premises which are considered by Lessor to be a hazard to the health of the general public and that no activity shall be permitted on the leased premises that would produce noxious odors. G. HEIGHT RESTRICTION AND AIRSPACE PROTECTION The City of Denton - Denton Municipal Airport, reserves unto itself, its successors and assigns, for the use and benefit of the flying public, a right oI flight for the passage of aircraft above the surface of the premises hereinafter described, together wzth the right to cause in said airspace such noise as may be znherent in the operation of aircraft now known or hereaiter used, ior navigation of or ~light in the said airspace, and for use of sazd airspace for landing on, taking off from, or operating on the Denton Municipal Airport. The Lessee further agrees for itself, its successors and assigns to restrict the height of structures, objects of natural growth and other obstructzons on the here- inafter described premises to any height requzrements by the ordinances of the City of Denton or any applicable Federal Aviation Administration requirements The Lessee also agrees for itself, its successors and assigns to prevent any use of the hereinafter described premises which would znterfere with landing or taking off of aircraft at the Denton Municipal Airport, or otherwise constitute an airport hazard Lessee hereby forfeits all claims to aviation rights over the leased premises H CONSTRUCTION ON pR~ISES. Lessee shall have the right to construct a concrete hangar pad, hangar(s), concrete apron(s), concrete taxiway(s), and other improvements necessary ~or the operation of Lessee's business or approved use o~ premises, provided however, that Lessee shall submit all construction plans to Lessor for approval of not less than thirty (30) days prior to construction start-up. Further, Lessee herein agrees to obtain all necessary permits as pertainzng to all construction on the leased premises and to construct all improvements in compliance with all applicable constructzon codes. No construction shall be permitted on the leased premises prior to Lessee's acquzsitlon of appropriate construction permits and approval by Lessor Fazlure of Lessee to obtain applicable construction permits and approval of Lessor, or its designee, prior to the start of any modification on existing improvements or any constructzon o~ new improvements on the leased premises shall constitute Lessee's delault o~ this Lease. Lessor herein reserves the rzght to establish and enforce architectural standards for constructzon of new improvements and modifications to existing improvements on the leased premises MAVERICK AIRCRAFT, INC./PAGE 8 ARTICLE III RENTAL AND FEES A. LAND RENTAL At the beginning of this term and continuing until September 30, 1993, Lessee agrees it shall pay to the Lessor for the use and occupancy of the premises the sum of Eight Hundred ($800 00) Dollars per month. 1. Commencing October 1, 1993 and continuing through September 30, 1998, Lessee agrees zt shall pay to the Lessor the sum of One Thousand Two Hundred ($1,200.00) Dollars per month for the use and occupancy of the premises. However, if Lessee's fuel ilowage for the year October 1, 1992 through September 30, 1993 is more than 270,000 gallons, the rental shall be One Thousand Six Hundred ($1,600.00) Dollars per month for sazd period ending September 30, 1998. 2. Commencing October 1, 1998 and continuing through September 30, 2003, Lessee shall pay One Thousand Six Hundred ($1,600.00) Dollars per month for the use and occupancy of the premises. However, if Lessee's fuel flowage for the year commencing October 1, 1997 through September 30, 1998, is more than 360,000 gallons, then the monthly rental for said period shall be Two Thousand Six Hundred ($2,600.00) Dollars 3. Commencing October 1, 2003 and continuing through September 30, 2009, Lessee shall pay Two Thousand Slx Hundred ($2,600.00) Dollars per month except that mi Lessee's fuel ilowage for the year October 1, 2002 through September 30, 2003 is more than 450,000 gallons, Lessee shall pay Three Thousand ($3,000.00) Dollars per month 4. For purposes of this section, "fuel flowage" means the amount of fuel, measured in gallons, ~~Lessee ~ fuel facil~ties~4~ Bo HANGAR AND T~3~ FEES During the term of this Lease, Lessee shall pay Lessor ten percent (10%) o£ all hangar and tie- down rental fees collected by the Lessee from customers renting Lessee's hangars or renting tie-down facilities on Lessee's premises each calendar month during the term oi this Lease Ail rentals and fees shall be paid monthly to Lessor on or before the 15th day of each month during the term of this Lease. All such hanger rentals and fees shall be accompanied by records showing the date and location on the Airport where the aircraft was hangared or parked and the tail number, or side number, of the aircraft. MAVERICK AIRCRAFT, INC./PAGE 9 C. FUEL FEES During the term of this Lease, Lessee shall pay Lessor three percent (3%) of the wholesale przce per gallon of all fuel delivered to the Lessee. Ail fees shall be paid monthly to Lessor on or before the 15th day of each month during the term of this agreement. Ail such fees shall be accompanied by records showing the time, date, number of gallons delivered and the name of the fuel supplier D. DELINQUENT PAYMENT/PLACE OF PAYMENT Lessee agrees that all monthly rental and fee payments are due and payable and shall be paid by Lessee without demand or notice in writing ~rom Lessor Lessee shall provide Lessor a breakdown of the fee payments monthly. Ail rental or fee amounts paid by Lessee and recezved by Lessor after more than thirty (30) days after the due date shall automatically accrue and include an additional monetary amount (penalty) equal to five percent (5%) of the rental or fee amount due. At any time after any rental or fee amount becomes delinquent, the C~ty may notify Lessee in writzng of the delzn- quency. Ail payments made hereunder by Lessee shall be made to Lessor at the offices of the City of Denton, Airport Manager, Route 1, Box 100, Denton, Texas 76205, unless Lessee is notified, in writing, to the contrary by Lessor. E. RECORDS Lessee shall keep and mazntain accurate records of wholesa~el delivered under this agreement, and parking and hangar fees collected, for a period of three (3) years from the date the record is made. Such records shall be kept according to generally accepted accounting principles Lessor or its duly authorized representatives shall have the right at all reasonable times during business hours to inspect the books, records and receipts of Lessee, for the purpose of verificatzon. F. ANNUAL STATEMENT. Within szxty (60) days after the end of each calendar year, Lessee shall furnish to Lessor a certifzed statement of fuel deliveries, and parking and hangar fees collected during the preceding calendar year. Lessor reserves the right to audit said statement and Lessee's books and records, zncluding examination of the general ledger and all other supporting material, at any reasonable tzme durzng business hours, for the purpose of verification. If the audit establishes the Lessee has understated or overstated fuel sales, parking fees, or hangar rentals collected by five percent (5%) or more, the entire expense of said audit shall be borne by Lessee. Any additional payment due from Lessee shall forthwith be paid to Lessor, with interest thereon at one percent (1%) 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 resolution in accordance with Paragraph G (Disputes) below MAVERICK AIRCRAFT, INC /PAGE 10 G DISPUTES. If any dispute arises as to the amount owed ~rom fue~ertes or hangar or parking fees collected, the party disputing the amount and/or fee shall notzfy the other, writing within thirty (30) days from the date the dzspute arises. Upon notification of the dispute, one-half (1/2) of the amount claimed due to Lessor shall be paid forthwith and the dzspute shall be submitted to a panel of 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. This panel shall, by ma0ority vote, determine the rights of the partzes hereunder in conformity with generally accepted accounting principles. The fees due the accountants for such service shall be paid by the unsuccesstul party, or in the event the determination is partially in favor each party, the fee shall be borne equally by the parties ARTICLE IV RIGHTS AND OBLIGATIONS OF LESSEE Lessee is required and is hereby granted the non-exclusive privilege to engage in the business of and provzde the services o~ a full and complete fixed base operatzon at the Airport, sub0ect to the following requirements and obligations and ~or such consideration, Lessee covenants and agrees to perform or provide the following, as applicable A. REQUIRED SERVICES 1. Fuel To have available those grades and octanes of avzation gas--~6~fine, 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 aviatzon 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 ~uels shall meet minimum F.A.A. requirements for aviation fuels as set out in F.A A. Circular 5230-4, Aircraft ~uel storage handltn~ and dzspensing, as the same may be revised, updated, or replaced by the F.A.A or the United States Government All fuels which are a nationally known brand shall meet the terms of this requirement Ail fuels shall be made available either by tank truck, stationary pump or other suitable equipment approved by the Fire Marshal o~ the City of Denton and the Airport Manager, and in accordance with the provisions of the Fzre Code of the City of Denton. Ail fueling operations and all fuel iaczlities owned or operated by the Lessee shall be in compliance with the Minimum MAVERICK AIRCRAFT, INC./PAGE 11 Fueling Standards Ordinance of the City of Denton Ail prices for fuels and other petroleum products shall be posted in full public view at all times. Lessee agrees that it shall locate any new fuel storage tanks underground and zn compliance with all applicable local, State and Federal codes and regulations 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. Repair and Maintenance Facilities To provide for the repair and maintenance of based and itinerant aircraft at least during normal business hours and days. Lessee agrees to maintain and operate a repair shop for engine and airframe repair with facilities and equipment and to staff such shop with such per- sonnel as are necessary to provide reasonable service to custo- mers, but in no event less than three, with at least one A & P licensed aircraft mechanic on premises during normal business hours and readily available at other times. At least one of the other employees shall be approved and licensed by the Federal Aviation Agency to perform the maintenance and inspections described by the Federal Aviation Agency in and pursuant to FARs 65, 145 and 91. Lessor and Lessee agree that Lessee may sublease the aircraft repair shop on the premises. Any such sublease must be approved by Lessor in order to be effective, and shall contazn provisions that a default by the sublessee shall constitute default by Lessee of this Lease. If repair services are not provided as required by this section, notwithstanding Section IX G, such failure shall constitute Lessee's default of this Lease 4 Pilot Lounge: To provide a pilot lounge area, informa- tional services, and telephone service connections to the Flight Service Station at least during daylight hours, sunrise to sun- set, three hundred and sixty-five (365) days a year. 5. Parts. To provide for the sales of aircraft and engine parts and~truments and accessories at least during normal business hours and days. 6. Flight School: To operate a flight school for the instruction of the general public in flying and navigation. B. AUTHORIZED SERVICES: In addition to the services required to be provided by Lessee pursuant to Article IV A. (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 MAVERICK AIRCRAFT, INC./PAGE 12 1 Ramp services, includzng 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 lzmzted 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 Article IV , Section A, above. C. OPERATING STANDARDS In providing any of the required and/or authorized services or activities specified in this Agree- ment, Lessee shall operate for the use and benefit of the public and shall meet or exceed the following standards 1. Manager. Lessee shall select, appoint, and designate to Lessor in writing, a full-time Manager of business at the leased premises. 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, the employees necessary to provide effectively and efficiently the services required or authorized in this Agreement. 3. Employee qualifications Lessee shall control the conduct, demeanor and appearance of its employees, who 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. MAVERICK AIRCRAFT, INC./PAGE 13 D. VENDORS AND SUPPLIERS. In provzdlng required and/or authorized services pursuant to this agreement, Lessee shall have the right to choose, in its sole discretion, its vendors and suppliers, except as provided in Artzcle IV. Paragraph A. 1. (Fuel). E. CHARGES BY LESSEE The Lessee agrees to furnish all services on a fair, equal, and not unjustly discriminatory baszs to all users thereof, and to charge fair, reasonable, and not unjustly discriminatory prices for each unit or servzce, pro- vided, however, that the Lessee may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers F. MAINTENANCE OF AIRCRAFT ON UNLEASED PREMISES It is clearly understood by the Lessee that no right or privzlege has been granted which would operate to prevent any person, firm or corporation operating aircraft on property not covered by thzs Lease J~om p~rforming any services on aircraft, including but not limited to maintenance and repair. G. UTILITIES~ TAXES AND FEES. Lessee covenants and agrees it shall meet all expenses and payments in connection with the use and occupancy of the premises and the rights and privileges here~n grant~d, including, but not limited to the timely payments of rentals and fees under this agreement, utilities, taxes, permit fees, License fees and assessments lawfully levied or assessed Lessee herein agrees to pay to all lawful taxing authorities an ad valorem property tax on all improvements on the leased pre- mises, and to comply with all tax laws as pertaining to the leased premises, either existing tax laws or those promulgated zn the future. H. MAINTENANCE OF LEASED PREMISES Lessee agrees it shall be responsible for all maintenance and repair of all items on the leased premises, including buildings, structures, grounds, util- ities, grass cutting, landscaping, trash collectzon and removal, except for exterior asphalt and paved areas and the fuel farm Lessee agrees that the property, together with all zmprovements, shall be maintained in a safe, clean and attractive condition at all times and that any change in the original color or texture of the exterior walls of all structures or zmprovements shall require written consent from Lessor, and such consent shall not be unreasonably withheld. Lessee shall provide a complete and proper arrangement for the adequate sanitary handlzng and disposal, away from the Airport, of all trash, garbage and other refuse caused as a result of the operation of its business. Lessee shall provide and use approved receptacles for all such garbage, trash, and MAVERICK AIRCRAFT, INC./PAGE 14 other refuse. Piling of boxes, cartons, barrels or other simzlar items in an unattractive or unsafe manner, on or about the demised premises, shall not be permitted. Lessee shall be responsible for maintaining suitable and attractive yard appearance. Lessee covenants to mow the premises in such a manner to ensure that weed or grass growth is never allowed in excess of that allowed by City weed ordinance requirements and agrees to removal of weeds from around fences and buildings Lessee is encouraged to provide additional landscaping beyond the minimum required by City to assist enhancing Airport appearance. Lessee herein agrees not to utzlize or permit others to utilize areas on the leased premises which are located on the outside of the hangar(s) or building(s) to be used for the storage of wrecked or permanently disabled aircraft, aircraft parts, automobiles, vehicles of any type, or any other equipment or items which would distract from the appearance of the leased premises. Lessee agrees that at no time shall the leased premises be used for a flea market type sales operation. During the term of this Lease, the Lessor shall have the right to require that the metal exterior of hangar(s) or building(s) located on the leased premzses be painted at least one (1) time, with said painting of hangars or structures being accomplished utilizing Lessor's specifications, a copy of which is attached hereto as Exhibit '~". Lessor herein agrees to provide Lessee with a two (2) year notice in writing prior to the required completion date of the painting of the hangar(s) or building(s). Lessee herein agrees to pay all costs and expense involved in the hangar or building painting process. Failure of Lessee to complete the hangar or building patntzng period prior to the required completion date shall constitute Lessee's default under this Lease. Lessee further agrees that upon the expiration of the term of this Agreement or sooner cancellation thereof, said premzses will be delivered to Lessor in good condition, reasonable wear and tear excepted. Lessor reserves the right to make periodic inspection of leased premises and improvements and equipment therein during normal business hours. Lessee shall, at its sole cost and expense, keep and matntazn the demised premises and all improvements, additions or alterations thereto, equipment and landscaping constructed or installed by Lessee upon the leased premises, in first-class condition, which condition shall at all times be based on a MAVERICK AIRCRAFT, INC./PAGE 15 standard of care reflecting prudent property management, reasonable wear and tear excepted. Lessee agrees to install and maintain within any building, parking and tie-down, and fuel storage areas on or hereafter placed on the leased premises, such fire equipment and fire extinguishers as may be required by applicable federal, state and local itre codes and regulations. /~ 03~3~ e~Lc~ ~Z/O~ ~.._ ~ ~ Lessor agrees to maintain the ~xterior pavement and asphalt of the leased premises. However, where the Lessor's cost of materials to repair exceeds $2,000.00, Less%~ agrees to reimburse Lessor for one-half the cost of the materials utilized in making such repair, within 30 days of mailing of an invoice. Failure to pay Lessor for such costs shall constitute an event of default under this Lease. Lessor agrees to maintain and repair the existing fuel ~r~--m.-------~f Lesso-~ris required to replace said farm, Lessee _sove~9~s ~9~u.s~_gD~y.~s~o~s~ngw fu~l fern% facilztie~ ~14~ ~ -I. HAZARDOUS ACTIVITIES' Should Lessee violate any law, rule', restriction or regulation of the City of Denton or the Federal~ Aviation Administration, or should the Lessee engage in or permit other persons or agents to engage in activities which could produceC~.~ hazards or obstruction to air navigation, obstructzons to vist-~..? bility or interference with any aircraft navigational aid statzon or device, either airborne or on the ground, then Lessor shall state such violation in writing and deliver written notice to Lessee or Lessee's agent on the leased premises, or to the per- son(s) on the leased premises who are causing said violation(s), and upon delivery of such written notice, Lessor shall have the right to demand that the person(s) responsible for the violation(s) cease and desist from all such actzvity creating the violation(s). In such event, Lessor shall have the right to demand that cor- rective action, as required, be commenced immediately to restore the leased premises into conformance with the partzcular law, rule or aeronautical regulation being violated. Should Lessee, Lessee's agent, or the person(s) responsible for the violation(s) fail to cease and desist from said violation(s) and to immediately commence correcting the violation(s), and to complete said correct~ons within twenty-four (24) hours following written notification, then Lessor shall have the right to enter on to the leased premises and correct the violation(s), and Lessor shall not be responsible for any damages incurred to any improvements on the leased premises as a result of the corrective action process. ARTICLE V INSURANCE AND INDEMNITY A. INSURANCE REQUIREMENTS. Begznning on the effective date of this Lease, Lessee shall maintain contznuously zn effect at all MAVERICK AIRCRAFT, INC./PAGE 16 times during the primary term of this Agreement and any extension thereof, at Lessee's expense, the following insurance coverages. 1. Comprehensive General Liability Insurance coverzng the leased premises, the Lessee or zts company, its personnel and its operations on the Azrport. 2. Aircraft Liability to cover all flight operations of Lessee. 3. 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 4. Liability insurance limits shall be in the following minimum amounts. Bodily Injury and Property Damage ~1,000,000 combined single limits on a per occurr- ence basis. 5. All policies shall name the City of Denton as an additional named insured and provide for a minimum oi twenty (20) days written notice to the City prior to the effective date of any cancellation or lapse of such policies. 6. All policies must be approved by the Lessor 7 The Lessor shall be provided wzth a copy of all such policies. B. Commencing October 1, 1993, Lessor herein reserves the right to ad3ust or increase the liability insurance amounts required of the Lessee, and to require any additional rider, provisions, or certificates of znsurance, and Lessee hereby agrees to comply with any such ad3usted insurance requirements as may be required by Lessor within sixty (60) days following receipt of notice in writing from Lessor stating the increased or adjusted insurance requirements~ provided however, that any requirements shall be commensurate with insurance requirements at other public use airports similar to the Denton Municipal Airport~ in size and in scope of aviation activities, located in the southwestern region of the United States. For the purpose of this Lease, the Southwestern region of the Unzted States shall be the states classified as the Southwestern region by the Federal Aviation Administration. Lessee shall have the right to maintain in force both types of insurance and amounts of insurance which MAVERICK AIRCRAFT, INC /PAGE 17 exceed Lessor's minimum insurance requirements During the period from October 1, 1993 and continuing until September 30, 1998, Lessor may not require Lessee to maintain liability insurance policies of more than ~5,000,000.00 combined single limits on a per occurrence basis. In the event that State Law should be amended to require types of insurance and/or insurance amounts which exceed those of like or similar public use airports in the southwestern region of the United States of America, then in such event, Lessor shall have the right to require that Lessee maintain in force types of insurance and/or amount of insurance as specified by State Law Failure of Lessee to comply with the minimum specified amounts or types of insurance as required by Lessor shall constitute Lessee's default of this Lease. D INDEMNITY During all times that this Lease is in effect, the parties agree that Lessee is and shall be deemed to be an independent contractor and operator and not an agent or employee of City with respect to their acts or omissions hereunder. For all the purposes hereunder, Lessee is and shall be deemed an independent contractor and it is mutually agreed that nothing contained herein shall be deemed or construed to constitute a partnership or 3oint venture between the parties hereto Lessee agrees to indemnify and hold harmless City and its agents, employees, and representatives from and against all liability for any and all claims, suits, demands, and/or actions arising from or based upon intentional or negligent acts or omissions on the part of Lessee, its agents, representatives, employees, members, patrons, visitors~ contractors and subcon- tractors (if any), and/or sublessees, which may arise out of or result from Lessee's occupancy or use of the premises and/or activities conducted in connection wzth or incidental to this Lease Agreement. Lessee shall also indemnz~y City against any and all mechanic's and matertalmen's liens or any other types of liens imposed u~on the premises demised hereunder arising as a result of Lessee's conduct or activity. This Indemnity Provision extends to any and all such clazms, suits, demands, and/or actions regardless oi the type of relief sought thereby, and whether such relzef is in the form of damages, Judgments, and costs and reasonable attorney's fees and expenses, or any other legal or equitable form of remedy. Thzs Indemnity Provision shall apply regardless of the nature of the injury or harm alleged, whether for in3ury or death to persons or damage to property, and whether such claims by alleged at common law, or statutory or constitutional claims, or otherwise. This Indemnity Provision shall apply whether the basis for the claim, MAVERICK AIRCRAFT, INC./PAGE 18 suit, demand, and/or action may be attributable zn whole or in part to the Lessee, or to any of its agents, representatives, employees, members, patrons, visitors, contractors, and subcon- tractors (if any), and/or sublessees, or to anyone directly or indirectly employed by any of them. Further, City assumes no responsibility or liability for harm, injury, or any damaging events which are directly or indirectly attributable to premise defects or conditions which may now exist or which may hereafter arise upon the premises, any and all such defects being expressly waived by Lessee. Lessee understands and agrees that this Indemnity Provision shall apply to any and all claims, suits, demands, and/or actions based upon or arising from any such claim asserted by or on behalf of Lessee or any of its members, patrons, visitors, agents, employees, contractors and subcontractors (if any), and/or sublessees. It is expressly understood and agreed that the City shall not be liable or responsible for the negligence of Lessee, its agents, servants, employees and customers. Lessee further agrees that it shall at all times exercise reasonable precautions for the safety of, and shall be solely responsible for the safety of its agents, representatives, employees, members, patrons, visi- tors, contractors and subcontractors (ii any), and/or sublessees, and other persons, as well as for the protection of supplies and equipment and the property of Lessee or other persons. Lessee further agrees to comply with all applicable provisions of Federal, State, and municipal safety laws, regulations, and ordinances. PROVIDED FL~THER, that the Lessee and the City each agree to give the other party prompt and timely notice of any such claim made or suit instituted which in any way, directly or indirectly, contingently or otherwise, affects or might affect the Lessee or the City. Lessee further agrees that this Indemnity Provision shall be considered as an additional remedy to City and not an exclusive remedy. ARTICLE VI TERMINATION~ SUBLETTING AND ASSIGNMENT A. Ail the terms, restrictions, covenants and conditions of record pertaining to the use and occupancy of the premises are conditions of this Lease and failure of the Lessee to comply with any of the terms, conditions, restrictions, covenants and condi- tions of record shall be considered a default of this Lease, and upon default, the Lessor shall have the right to invoke any one or all of the following remedies. Selection of one or more MAVERICK AIRCRAFT, INC./PAGE 19 remedies by Lessor shall not constitute a wazver of any other remedy. B. Should Lessee fail to pay the monthly rental amount or any fee prescribed in Article III hereo f, such failure shall constitute a default of this Lease, and Lessor may give wrztten notice to Lessee of Lessee's failure to pay and demand payment in accordance with the Lease terms. Should Lessee fail to pay the monthly rental amount or required fee within twenty (20) days following receipt of written notice from Lessor, then Lessor may, at its sole option, terminate this Lease without further notice to Lessee. com 1 with an of the~_ C. In the event that Lessee fails to P Y Y -A terms, conditions, restrictions and covenants pertaining to this Lease Agreement then in such event, Lessor may give Lessee notice of said breach, and request Lessee to cure or correct the same. Should Lessee fail to correct said violation(s) or breach within thirty (30) days following receipt of said notice, then Lessor may at its sole option terminate this Lease without further notice to Lessee. Should this Lease be terminated by Lessor for failure of Lessee to correct said breach or vzolation within the thirty (30) day cure time, Lessee shall for femt all rights to all improvements on the leased premises and all improvements on the leased premises shall become the property of the Lessor D. In addition to termination of this Lease for the breach of terms and conditions herein, the Lessor shall have the right to terminate this Lease for the following reason(s) 1. The Lease has reached the termmnation date o2 the original term or any extended term thereof. 2. In the event that Lessee shall file a voluntary petition in bankruptcy or proceedings mn bankruptcy shall be instituted against Lessee and Lessee thereafter is adjudicated bankrupt pursuant to such proceedings, or any court shall take 0urisdiction of Lessee and its assets pursuant to proceedmngs brought under the provisions of any Federal reorganization act 3. In the event that Lessee should make an assignment of this Lease, for any reason, without the approval of and written consent from Lessor. Upon termination or cancellation of thms Lease and provided all monies due Lessor have been paid, Lessee shall have the rmght to remove its personal property, provided such removal does not cause damage to any part of the hangar, structure or improvements MAVERICK AIRCRAFT, INC /PAGE 20 E LIEN The Lessor shall have a lzen as security for the rent a-~said upon all goods, wares, chattels, implements, fixtures, furniture, tools, and other personal property which are or may be put or caused to be put on the demised premises by Lessee. Upon termination of this Lease, Lessee shall remove all personal property from the demised premises within ten (10) days after said termination. If Lessee fails to remove its personal property as agree, Lessor may elect to retain possession of such property or may sell the same and keep the proceeds, or may have such property removed at the expense of Lessee. If Lessor has exercised its option to take title to fixed improvements as provided, Lessee shall repair, at its own expense, any damage resulting from said removal of personal property and shall leave the leased premises in a neat and clean condition with all other improvements zn place F. NO WAIVER' Failure of Lessor to declare this Lease termi- nated upon the ~efault of Lessee for any of the reasons set out shall not operate to bar, destroy or wazve the right oi Lessor to cancel this Lease by reason of any subsequent violation of the terms hereof. The acceptance oi rentals and fees by Lessor for any period or periods after a default of any of the terms, covenants, and conditions herein contained to be performed, kept and observed by Lessee shall not be deemed a waiver of any rights on the part of the Lessor to cancel this Agreement for failure by Lessee to so perform, keep or observe any of the terms, covenants or conditions hereof to be performed, kept and observed. G. SUBLET OR ASSIGNMENT OF LEASE Lessee expressly covenants that it will not assign this Lease, convey more than forty-nine percent (49%) of the interest in its business located on the leased premises, deemed herein to mean the controlling interest in its business, through the sale of stock or otherwzse, nor sublet, assign, transfer, nor license the whole or any part of the said premises for any purpose, except for rental of hangar space or tie-down space, without the prior written consent of the Lessor. Lessor agrees that it will not unreasonably withhold zts approval of the sale, assignment, or sublease of the facilities for aviation related purposes In the event that this Lease is assigned, all provisions, terms and conditions of this Lease shall remain binding upon assignee or sublessee. H. EFFECT OF CONDEMNATION If the whole or any part of the leased premises shall be c0ademned or taken by eminent domain proceedings by any city, county, state, federal or other auth- ority for any purpose, then the term of this Lease shall cease on the part so taken from the day the possession of that part shall MAVERICK AIRCRAFT, INC./PAGE 21 be required for any purpose and the rent shall be paid up to that day, and from that day, Lessee shall have the right to continue in the possession of the remainder of the premises under the terms herein provided, except that the rent shall be ad3usted to such amount as the parties hereto shall negotiate, but, under no circumstances shall the rent be greater than the per square foot rental provided for hereunder. All damages awarded for such taking of land for any public purpose shall belong to and be the property of Lessor. All damages awarded for such taking of structures, improvements or businesses that were constructed by Lessee shall be reflective of their value for the remainder oi the lease term and be awarded to Lessee, the remainder to be awarded to Lessor. I. 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. ARTICLE VII CANCRLLATION BY LESSEE Lessee may cancel this Lease, in whole or part, and terminate all or any of its obligations hereunder at any time, by thirty upon or after the happening of any one (30) days written notice, (1) issuance by any court of preventing of the following events 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 oi 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 oses then Lessee may cancel this Lease as f~r ava%rio_n_ ~.P ~le~t to continue this Leas~ unde~ ~s_~r~ a~oresa~o, u~ m~ ~ - -~ ~ leased nremlses exce t however t~at the use o~ CtL.... b~in~ only limited by limited to aviation purpo , . . ...... such laws and ordinances as may De appi%caDle au MAVERICK AIRCRAFT, INC./PAGE 22 ARTICLE VIII RIGHTS AND OBLIGATIONS OF LESSOR A 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. 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 main- tenance of the Airport. B. QUIET POSSESSION Lessor covenants and warrants that, Lessee discharges th& obligations herein set forth to be performed by the Lessee, the Lessee shall have and enjoy durzng the term of this Lease the quiet and undisturbed possession of the leased premises, together with all appurtenances thereto and without hindrance from the Lessor. C. RIGHT OF EASEMENT: Lessor or Lessor's authorized agent shall have the right to establish easements, at no cost to Lessee, upon the leased premises for the purpose of providing utility services to, from or across the Airport property or for However, the construction of public facilities on the Airp%rt 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. Lessee shall not have the right to levy fees or charges for any exercised right of easement by Lessor or Lessor's authorized agent. D. INGRESS AND EGRESS. Upon paying the rental hereunder and performing all of the terms, conditions, and covenants of this Agreement, Lessor agrees that Lessee shall have the right of ingress to and egress from said leased premzses for the Lessee, its officers, employees, agents, servants, customers, vendors, suppliers, patrons, and invitees over such roadway(s) as may be designated for that purpose and the right of egress to and egress from the landing area for airplanes over taxiways and aircraft parking ramps provided by Lessor. Said roadway(s), aircraft parking ramps and taxiways shall be used Jointly wzth other tenants on the airport, and Lessee shall not interfere with the rights and privileges of other persons or firms using sazd facilities and shall be subject to such weight and type use restrictions as Lessor deems necessary. MAVERICK AIRCRAFT, INC /PAGE 23 E. TIE-DOWNS: Between September 1, 1988 and August 31, 1993, Lessor agrees to reserve fifteen (15) of zts present tie-down spaces for the use of transient aircraft. Lessee, at its option, said tze-down spaces as are from time to time may rent as many of then unoccupied at the rate of ~2.50 each per day or $25.00 per month ARTICLE IX 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 TAXIWAYS' That because of the present sixty thousan~ (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, takeoff and 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 soliciting part or control, such as an unsolicited or unscheduled or emergency landing. Negligent disregard o£ 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. B. BUILDING LIFE It is agreed that the life of any building on the property herein leased is at to be consty~cted by Lessee least twenty one (21) years. ARTICLE X GENERAL PROVISIONS A. WAIVERS Failure of either party to complain of any act or omission ~n the part of the other party, no matter how long the same may continue, shall not be deemed a waiver of any breach of any of the provisions of this lease or a consent to any subsequent breach of any of the same or any other provisions. MAVERICK AIRCRAFT, INC./PAGE 24 B. LEASE BINDING ON SUCCESSORS, ASSIGNS~ ETC. Ail covenants, agreemehts, provisions and conditions of this lease shall be binding upon and inure to the benefit of the respective parties hereto, that is both Lessor and Lessee 0ointly and severally, and their legal representatives, successors or assigns, and/or any grantee or assignees of the Lessor and Lessee. No modification of this Lease shall be binding upon either party unless it is in writing and signed by both parties. C. ATTORNEY'S FEES: In any action brought by either party in which a Judgment is awarded in favor of the party instituting the action for the enforcement of the obligations and condttzons of the Lease, that natty shall be entitled to recover all costs from the other part~, including attorney's fees, involved in the enforcement of this Lease. D. PARAGRAPH HEADINGS: The headings used herein for each paragraph are used only "lot convenience and are not intended to explain the nature of each paragraph. E. PARKING Lessor reserves the right to restrict and designate-~-~par ing areas for all surface vehicles on all areas of the Denton Municipal Airport. F. SEVERABILITY If a provision hereoi shall be finally declared void or 'illegal by any court or administrative agency shall not be void, but having Jurisdiction, the entire Agreement the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. G. FORCE MAJEL~E. It is understood and agreed between the parties hereto that Lessee shall be relieved from the performance of any obligation of this lease during such period of time as the performance of such obligation is impractical or impossible because of revolution, public disorder, war, whether declared or not, acts of public enemies, strikes or other labor disturbances (unless the same were induced by the negligence or willful act o£ Lessee, its agents, servants, employees or independent contrac- tors)~ fires, floods, storms, acts of God, orders or acts of any government or governmental authority through no fault of Lessee, or any cause of a like nature through no fault of and beyond the control of Lessee. In any such case, written notice, sent by registered mail shall be given by Lessee to Lessor within ten (10) days after the commencement of such cause advising Lessor of the existence of such cause and of Lessee's readiness to resume performance of such obligation upon the removal or nonexistence of such cause. It is further understood and agreed between the parties hereto that Lessor shall be relieved from the performance of any obligation of this lease during such period of time as the MAVERICK AIRCRAFT, INC./PAGE 25 performance of such obligation is impractical or impossible because of revolution, public disorder, war, whether declared or not, acts of public enemies, strikes or other labor disturbances (unless the same were induced by the negligence or williul acts of Lessor, its agents, servants, employees or independent contractors), fires, floods, storms, acts of God, orders or acts of any government or governmental authority through no fault of Lessor, or any causes of a like nature through no fault of and beyond the control of Lessor. In any such case, written notice, sent by registered mail shall be given by Lessor to Lessee within ten (10) days after the commencement of such cause advising Lessee of the existence of such cause and of Lessor's readiness to resume performance of such obligation upon the removal or nonexistence oi such cause. H. LEASE APPROVAL: Be it further understood by the Lessee that thls Agreement Shall not be binding on either party until such time as approval of Agreement has been secured from the Denton City Council. I. NOTICE. Any notice given by one party to the other in connect~-6-~th 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 Unless notified to the contrary by Lessor. 2. If to Lessee, addressed to Maverick Aircraft, Inc. Denton Municipal Airport Denton, Texas 76205 Notices shall be deemed to have been received on the date of receipt as shown on the return receipt J. GOVERNING LAW This Agreement is to be construed in accordance with the laws of the State of Texas K. ENTIRE AGREEMENT' This Agreement 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 o~ modification hereof shall be in writing signed by both parties. MAVERICK AIRCRAFT, INC /PAGE 26 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above wrztten CITY OF DENTON, TEXAS, LESSOR ATTEST' 1FER~TERS, cITY SEC APPROVED AS TO LEGAL FoRM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY MAVERICK AIRCRAFT, INC., LESSEE ATTEST. CORPORATE SECRETARY ~ MAVERICK AIRCRAFT, INC. MAVERICK AIRCRAFT, INC /PAGE 27 THE STATE OF TEXAS § COUNTY OF DENTON § BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared Otho Henderson, President of Maverick Aircraft, Inc., 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 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 the ~0+~ day of ~O%O~ , 1988. NOTARY PUBLIC, STATE OF TEXAs My commission expires: THE STATE OF TEXAS COUNTY OF DENTON § BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared Ray Stephens, Mayor of the City of Denton, Texas, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknow- ledged to me that the same was the act of the said Czty of Denton, Texas, a municipal corporation of the State of Texas, and that he executed the same as the act of said municipal corporation for the purposes and consideration therein expressed, and in the capacity therein stated. SEAL OF OFFICE, this the ~ day G VEN UNDER MY HAND AND o f~ , 1988. My co ission expires: MAVERICK AIRCRAFT, INC./PAGE 28 EXHIBIT "B" 5. The term of the lease, which is an important factor in deter- mining lease rates. The airport administration must detezmi~ whether or not a longer term lease at lower rates is desirable for certain types of uses. It must also be recognized, however, ~at in many cases, finem~/ng for major improvements is possible only through a long term lease (20 years, or more) and the les- investment that will ultimately benefit the airport and the Table 8.2 shows the average ground lease rates that could be established et Denton Municipal A/rport, by lend classification. There are also variations possible such as rentals or leases of for ac~tional facility o~nmtructi~, et= The recommended locations of ~he land use c!--mificati~ areas are identified in Figure 8.2. ~ 8.2 I N/A N/A N/A N/A .10 .12 .14 .20 III .08 .10 .12 .16 IV .05 .08 .10 .14 It is strongly recommende~ that a competent leasing or real estate and ~>ractices to be implemented at the Dentc~ ~ci~ ~ ~ ~ 8.14 Next Document 2550L A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A RESTATED LEASE AGREEMENT BETWEEN THE CITY AND AIRDENTON, INC., APPROVING AN AGREEMENT BETWEEN AIRDENTON, INC. AND DOBRANSKY ENTERPRISES, INC. AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That the Mayor is hereby authorized to execute the Restated Lease Agreement between the City and AirDenton, Inc., a copy of which is attached hereto and incorporated by reference herein. SECTION II. That the Agreement between AirDenton, Inc. and Dobransky Enterprises, Inc., a copy of which is attached hereto and zncorporated by reference herein~ is hereby approved. SECTION III. That this resolution shall become effective upon its passage and approval. /~ ~ PASSED AND APPROVED this the day of 1988. ATTEST: APPROVED AS TO LEGAL FORM' DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 2549L/111088 THE STATE OF TEXAS § LEASE AGREEMENT FOR FIXED BASE OPERATION ACTIVITY BETWEEN COUNTY OF DENTON § THE CITY AND AIRDENTON, INC. THIS LEASE entered into this 30th day of__~__, 1988 by and between the City of Denton, her-~nafter referred to as "LESSOR" and AirDenton, Inc., a Texas corporation, having its principal ~lace of business in Denton, Texas, hereinafter referred to as LESSEE". WHEREAS, on August 30, 1988, the City Council authorized the execution of an amended airport lease agreement between the City of Denton and Maverick Aircraft, Inc., for and in consideration of among other things, the dismissal of the lawsuit styled Maverick Atrcr~ft~ Inc. vs. City of Denton, Cause No. 88-1829-D~ Denton County District Court, and WHEREAS, on October 4, 1988, Tony A. Riley, and Group One, Inc., as ltenholders, foreclosed on Maverick Aircraft, Inc.'s, rights in and to said leasehold interest, and took Maverick Aircraft, Inc's interest in said leasehold in satisfaction of debt owed by Maverick Aircraft, Inc., to Tony A. Riley and Group One, Inc., and WHEREAS, Tony A. Riley and Group One, Inc. have, ~or valuable consideration transferred and assigned to AtrDenton, Inc all of Tony A. Riley and Group One, Inc.'s interest in said leasehold, and WHEREAS, the parties wish to restate the lease agreement to reflect the fact that AirDenton, Inc now holds the lease, and to reflect the lessor's approval thereof, NOW, THEREFORE, in consideration of the mutual undertakings, agreements and covenants hereinafter set forth, the parties hereto agree as follows: ARTICLE I. CONDITIONS OF AGREEMENT 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 discriminatory prices for each unit or service, provided that the Lessee may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. B. Non-Discrimination. The Lessee for itself, its 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, Non-discrimination 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. In the event of breach of any of the above non-discriminatory covenants, Lessor shall have the right to terminate the Lease and to reenter 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. Public Areas. 1. Lessor reserves unto itself, its successors and assigns for the use and benefit of the flying public, a right of flight for the passage of aircraft above the surface of the premises described herein, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft now known or hereafter used, for navigation of or flight in the said airspace, and for use of said airspace for landing on, taking off from, or operating on the Denton Municipal Airport. PAGE 2 2. 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. 3. 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. ARTICLE II PREMISES AND PRIVILEGES For and in consideration of the terms, conditions and covenants of this Lease to be performed by Lessee, all of which Lessee accepts, City hereby leases to Lessee and Lessee hereby hires and takes from City certain property (hereinafter called "leased premises", Exhibit A), located at the Denton Municipal Airport and certain non-exclusive attendant privileges, uses and rights, as hereinafter specifically set out. A. DESCKIPTION OF PREMISES DEMISED. That the Lessor hereby leases to the Lessee and the Lessee does hereby accept and rent from the Lessor that tract of land, together with improvements situated here on, described as follows A tract of land consisting of approximately 9.1 acres or 392,040 square feet as depicted in Exhibit "A", attached hereto and incorporated herein by reference, and having the following metes and bounds: (metes and bounds description to be provided by Lessor within 45 days of the date of execution hereof) Lessee will have the right of ingress and egress and use of the fuel farm existing on August 30, 1988, which is further PAGE 3 described as follows. (metes and bounds description to be provided by Lessor within 45 days of the date of execution hereof) Should the fuel level in any tank fall below 2,000 gallons for more than 60 days, Lessor may take over use of said tank, upon reimbursement for the wholesale cost of fuel then in the tank. B. USE OF ADDITIONAL PROPERTY. If, during the term of the primary lease, Lessee decides to construct additional facilities or to expand its operations into the area marked "D" on the attached Exhibit A, then Lessee shall so notify Lessor The use of and terms of lease of any such space shall be subject to negotiation between the parties and the terms of this lease shall not necessarily apply. However, should some other party make a bona fide offer to the City to lease any of such property, then Lessee shall have the right of first refusal to meet the financial and other terms of any such offer including the fees and considera- tion offered by such third party to the City. Lessee must exer- cise said right within 30 days from the date of notice by Lessor C. TERM: To have and hold the said premises together with all improvements~ appurtenances, rights, and privileges thereunto belonging or in any wise appertaining, unto the said Lessee for a term of years, beginning the date first set out in this agreement and ending August 30, 2009 (the primary term) unless so terminated on an earlier date under any other provisions of this Agreement. Lessor shall grant to Lessee the right to extend the term of this Lease for an additional ten (10) year period from the date of expiration of said primary term, if Lessee shall construct capital tmprovements~ as defined below, of a total value of not less than $174,999.00 not later than the times set out in the following schedule: 1. Lessee shall construct capital improvements (improvements~ constructed by Lessee, which are fixed to the leasehold premises), equal in value to not less than $58,333.00, which shall be completed on or before August 31, 1993 2. Lessee shall construct additional fixed capital improve- ments equal in value to $58,333.00, which shall be com- pleted on or before August 31, 1998. 3. Lessee shall construct additional fixed capital improve- ments equal in value to $58,333.00, which shall be completed on or before August 31, 2003. 4. Lessee must notify Lessor, in writing, not later than August 31, 2003, of its intent to exercise its rights of extension. PAGE 4 The rental rate during said extended term for the 9.1 acre tract shall be not less than the rental rate contained in the lease most recently executed by Lessor on or before September 1, 2008 for property which is classified as "2" on the attached map, being exhibit "B". The rental rate for the extended term shall be set by the City on or before September 1, 2008 and Lessee shall have ten (10) days from the date of notification by City of said rate to accept or reject said option to extend the Lease. D. USE OF PREMISES' Lessee is granted the non-exclusive privilege to engage in or provide the following. 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 operator. It is expressly understood and agreed that the non-exclusive right to conduct aeronautical activities for furnishing services to the public, including the delivery of fuel into aircraft is granted to the Lessee subject to the provisions set forth herein and all applicable ordinances of the City of Denton. Lessee, its tenants and sublessees shall not be authorized to conduct any services not specifically listed in this Agreement. The use of the leased premises of Lessee, its tenants or sub- lessees shall be limited as follows. 1. The right and privilege to engage in commercial aviation activities, hereby defined as those activities which involve the sale of aviation services for profit to the general public and shall include The maintenance and servicing of aircraft, which right shall include overhauling, rebuilding, repairing, in- spection, and licensing of same and the purchase and sale of parts, equipment, and accessories therefor. 2. The sale of aircraft fuels, lubricants, and propellants within the leased area and at such other areas that may be designated by Airport Manager. 3. The storing of aircraft in hangars or on tiedown areas owned or operated by the Lessees. 4. The sale of said fuels, lubricants, and propellants shall include the right to use vehicles necessary for the servicing of aircraft. 5. The operation of a business of buying and selling new and used aircraft, aircraft parts, and accessories therefore, and aviation equipment of all descriptions either at retail, wholesale, or as a dealer. PAGE 5 6. The operation and sale of aerial survey, photograph, mapping, and spraying services. (However, spraying services shall at all times comply with applicable local, state, and national regulations pertaining to aerial spraying.) 7. The operation and sale of air taxi and sightseeing services. 8. The operation of schools for the instruction of the general public in flyin§, navigation, mechanics, aerial survey, photography, aircraft design and/or training of the general public in any art, science, craft, or skill pertaining directly or indirectly to aircraft. 9. The operation of non-scheduled and charter air trans- portation of passengers. 10. The sale through coin operated vending machines of tobacco, confections, and refreshments and the maintenance on the leased premises of appropriate facilities therefor. 11. The undertaking of any phase of aviation activity for profit related to or in any way contributing to air transportation or aerial navigation, as long as such activity in no way interferes or hinders any F.A.A. approved navigational aids that may exist now or in the future at the Airport. 12. The operation of rental cars pursuant to a franchise agreement as required by the Denton City Charter, with ten (10%) percent of the net profits payable to Lessor on a monthly basis, payable with other fees. 13. The general use, in common with others authorized to do so, of all public airport facilities and improvements which are now or may hereafter by connected with or appurtenant to said Airport, except as hereinafter provided. No person, business or corporation other than Lessee may operate a commercial, retail or industrial business upon the pre- mises of Lessee or upon the Airport, without prior written consent from Lessor authorizing such commercial, retail or industrial activity. Lessee shall be allowed to provide sleeping quarters and other accommodations for use of an around-the-clock security guard. This provision shall not be construed to allow family PAGE 6 living on the leased premises, and 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, its tenants, invttees, or guests be permitted to reside or remain as a resident on or within the leased premises or other airport premises. Lessee shall file with the Airport Manager and keep current its mailing address, telephone number(s) and contacts where he can be reached in an emergency. Lessee shall file with the Airport Manager and keep current a list of its tenants and sublessees. Lessee shall require its employees and sublessees (and sub- lessee's tnviteas) to abide by the terms of this Agreement. Lessee agrees it shall promptly correct or remedy any breaches of any rules, regulations, terms, conditions or covenants by its employees or sublessees. E. RIGHTS OF MORTGAGEE: Any person, corporation or institu- tion that lends money to'"Lessee for construction of any hangar, structure, building or improvement and retains a security interest in said hangar, ~tructure, building or improvement shall, upon default of Lessee s obligations to said mortgagee, have the right u on said leased premises and operate or manage said ~o enter, p _ '-~n- or im~rovement according to the te~s nangar, structure, uuz~ m - ~--~ to exceed the term of ~ne of this Agreement. for a perzoo a e with Lessee, or until the loan is paid in full, whichever mortg ~ .... ~-~ ~ ~o event lonmer than the term of this Lease. comes zzr~, uu~ ~,, ,, 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. F. RULES~ REGULATIONS AND RESTRICTIONS The use of the pre- all times be in compliance'-with and subject to any mises shall at covenants, restrictions and conditions of record pertaining to the use and occupancy of the leased premises and shall at all times comply with the laws, codes, ordinances, rules and regula- tions, either existing or those promulgated in the future, by the City of Denton, the County of Denton, the State of Texas, the United States of America and the Federal Aviation Administration, or their successors. Lessee shall not operate or permit the operation of any transmitter devices, electrlcal signals pro- ducers~ or machinery on the leased premises which could interfere with the electronic aircraft navigation aids or devices located on or off Airport property. Lessee shall not be permitted to engage in any business or operation on the leased premises which would produce obstructions to visibility or violate height restrictions as set forth by the Federal Aviation Administration PAGE 7 and/or the City of Denton. Lessee further agrees that at no time during the term of this lease shall any material, fluids, solids or gaseous substances be utilized, stored, disposed of or trans- ported on the leased premises which are considered by Lessor to be a hazard to the health of the general public and that no activity shall be permitted on the leased premises that would produce noxious odors. G. HEIGHT RESTRICTION AND AIRSPACE PROTECTION. The City of Denton - Denton Municipal Airport, reserves unto itself, its successors and assigns, for the use and benefit of the flying public, a right of flight for the passage of aircraft above the surface of the premises hereinafter described, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft now known or hereafter used, for navigation of or flight in the said airspace, and for use of said airspace for landing on, taking off from, or operating on the Denton Municipal Airport. The Lessee further agrees for itself, zts successors and assigns to restrict the height of structures, objects of natural growth and other obstructions on the here- inafter described premises to any height requirements by the ordinances of the City of Denton or any applicable Federal Aviation Administration requirements. The Lessee also agrees for itself, its successors and assigns to prevent any use of the hereinafter described premises which would interfere with landing or taking off of aircraft at the Denton Municipal Airport, or otherwise constitute an airport hazard. Lessee hereby forfeits all claims to aviation rights over the leased premises. H. CONSTRUCTION ON PREMISES: Lessee shall have the right to construct a concrete hangar pad, hangar(s), concrete apron(s), concrete taxiway(s), and other improvements necessary for the operation of Lessee's business or approved use of premises, provided however, that Lessee shall submit all construction plans to Lessor for approval of not less than thirty (30) days prior to construction start-up. Further, Lessee herein agrees to obtain all necessary permits as pertaining to all construction on the leased premises and to construct all improvements in compliance with all applicable construction codes. No construction shall be permitted on the leased premises prior to Lessee's acquisition of appropriate construction permits and approval by Lessor. Failure of Lessee to obtain applicable construction permits and approval of Lessor, or its designee, prior to the start of any modification on existing improvements or any construction of new improvements on the leased premises shall constitute Lessee's default of this Lease. Lessor herein reserves the right to establish and enforce architectural standards for construction of new improvements and modifications to existing improvements on the leased premises. PAGE 8 ARTICLE III RENTAL AND FEES A. LAND RENTAL: At the beginning of this term and continuing until September 30, 1993, Lessee agrees it shall pay to the Lessor for the use and occupancy of the premises the sum of Eight Hundred ($800.00) Dollars per month. 1. Commencing October 1, 1993 and continuing through September 30, 1998, Lessee agrees it shall ~y to the Lessor the sum of One Thousand Two Hundred 1,200.00) Dollars per month for the use and occupancy of the premises. However, if Lessee's fuel flowage for the year October 1, 1992 through September 30, 1993 is more than 270,000 gallons, the rental shall be One Thousand Six Hundred ($1,600.00) Dollars per month for said period ending September 30, 1998. 2. Commencing October 1, 1998 and continuing through September 30, 2003, Lessee shall pay One Thousand Six Hundred ($1,600.00) Dollars per month for the use and occupancy of the premises However, if Lessee's fuel flowage for the year commencing October 1, 1997 through September 30, 1998, is more than 360,000 gallons, then the monthly rental for said period shall be Two Thousand Six Hundred ($2,600.00) Dollars 3. Commencing October 1, 2003 and continuing through September 30, 2009, Lessee shall pay Two Thousand Six Hundred ($2,600.00) Dollars per month except that if Lessee's fuel flowage for the year October 1, 2002 through September 30, 2003 is more than 450,000 gallons, Lessee shall pay Three Thousand ($3,000.00) Dollars per month. 4. For purposes of this section, "fuel flowage" means the amount of fuel, measured in gallons, delivered to Lessee into any fuel facilities at the Airport. B. HANGAR AND TIE-DOWN FEES: During the term of this Lease, Lessee shall pay Lessor ten percent (10%) of all hangar and tie- down rental fees collected by the Lessee from customers renting Lessee's hangars or renting tie-down facilities on Lessee's premises each calendar month during the term of this Lease. Ail rentals and fees shall be paid monthly to Lessor on or before the 15th day of each month during the term of this Lease. Ail such hanger rentals and fees shall be accompanied by records showing the date and location on the Airport where the aircraft was hangared or parked and the tail number, or side number, of the aircraft. PAGE 9 C. FUEL FEES: During the term of this Lease~ Lessee shall pay Les~or three percent (3%) of the wholesale price per gallon of all fuel delivered to the Lessee. All fees shall be paid monthly to Lessor on or before the 15th day of each month during the term of this agreement. All such fees shall be accompanied by records showing the time, date, number of gallons delivered and the name of the fuel supplier. D. DELINQUENT PAYMENT/PLACE OF PAYMENT Lessee agrees that all monthly rental and fee payments are due and payable and shall be paid by Lessee without demand or notice in writing from Lessor. Lessee shall provide Lessor a breakdown of the fee payments monthly. All rental or fee amounts paid by Lessee and received by Lessor after more than thirty (30) days after the due date shall automatically accrue and include an additional monetary amount (penalty) equal to five percent (5%) of the rental or fee amount due. At any time after any rental or fee amount becomes delinquent~ the City may notify Lessee in writing of the delin- quency. All payments made hereunder by Lessee shall be made to Lessor at the offices of the City of Denton, Airport Manager, Route 1, Box 100, Denton, Texas 76205, unless Lessee is notified, in writing, to the contrary by Lessor. E. RECORDS. Lessee shall keep and maintain accurate records of wholesa~uel delivered under this agreement, and parking and hangar fees collected, for a period of three (3) years from the date the record is made. Such records shall be kept according to generally accepted accounting principles. Lessor or its duly authorized representatives shall have the right at all reasonable times during business hours to inspect the books, records and receipts of Lessee, for the purpose of verification. F. ANNUAL STATEMENT' Within sixty (60) days after the end of each calendar year, Lessee shall furnish to Lessor a certified statement of fuel deliveries, and parking and hangar fees collected during the preceding calendar year. Lessor reserves the right to audit said statement and Lessee's books and records, including examination of the general ledger and all other supporting material, at any reasonable time during business hours, for the purpose of verification. If the audit establishes the Lessee has understated or overstated fuel sales~ parking fees, or hangar rentals collected by five percent (5%) or more, the entire expense of said audit shall be borne by Lessee. Any additional payment due from Lessee shall forthwith be paid to Lessor, with interest thereon at one percent (1%) 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 resolution in accordance with Paragraph G (Disputes) below. PAGE 10 G. DISPUTES: If any dispute arises as to the amount owed from fuel deliveries or hangar or parking fees collected, the party disputing the amount and/or fee shall notify the other, in writing within thirty (30) days from the date the dispute arises. Upon notification of the dispute, one-half (1/2) of the amount claimed due to Lessor shall be paid forthwith and the dispute shall be submitted to a panel of 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. This panel shall, by majority vote, determine the rights of the parties hereunder in conformity with generally accepted accounting principles. The fees due the accountants 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 ARTICLE IV RIGHTS AND OBLIGATIONS OF LESSEE 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 and for such ~onsideration, Lessee covenants and agrees to perform or provide the following, as applicable A. REQUIRED SERVICES' 1. Fuel To have available those grades and octanes of aviation gas--~ine, Jet fuel and other petroleum products normally found at similar airports, and to provide ramp services including the sMle and into-plane delivery of those aviation fuels, lubricants and other related aviation products, and to provide aircraft guidance and assistance within 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 meet minimum F.A.A. requirements for aviation fuels as set out in F.A.A. Circular 5230-4, Aircraft fuel storage handlin~ and dispensing, as the same may be revised, updated, or replaced by the F.IA.A. or the United States Government. All fuels which are a nationally known brand shall meet the terms of this requirement. All fuels 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 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 PAGE 11 Fueling Standards Ordinance of the City of Denton. Ail prices for fuels and other petroleum products shall be posted in full public, view at all times. Lessee agrees that it shall locate any new fuel storage tanks underground and in compliance with all applicable local, State and Federal codes and regulations. 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. Repair and Maintenance Facilities To provide for the repair and maintenance of based and itinerant aircraft at least during normal business hours and days. Lessee agrees to maintain and operate a repair shop for engine and airframe repair with facilities and equipment and to staff such shop with such per- sonnel as are necessary to provide reasonable service to custo- mers, but in no event less than three, with at least one A & P licensed aircraft mechanic on premises during normal business hours and readily available at other times. At least one of the other employees shall be approved and licensed by the Federal Aviation Agency to perform the maintenance and inspections described by the Federal Aviation Agency in and pursuant to FARs 65, 145 and 91. Lessor and Lessee agree that Lessee may sublease the aircraft repair shop on the premises. Any such sublease must be approved by Lessor in order to be effective, and shall contain provisions that a default by the sublessee shall constitute default by Lessee of this Lease. If repair services are not provided as required by this section, notwithstanding Section IX. G, such failure shall constitute Lessee's default of this Lease. 4. Pilot Lounge. To provide a pilot lounge area, informa- tional services, and telephone service connections to the Flight Service Station at least during daylight hours, sunrise to sun- set, three hundred and sixty-five (365) days a year. 5. Parts: To provide for the sales of aircraft and engine parts and---i-~truments and accessories at least during normal business hours and days. 6. Flight School' To operate a flight school ~or the instructio~ of the general public in flying and navigation B. AUTHORIZED SERVICES: In addition to the services required to be provided by Lessee pursuant to Article IV.A. (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. PAGE 12 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 a re which are authorized, but -~ _A · g .ed that those servc s · .v~ ~ uzred i e those required services listed in q~-~ ~all b~ .subordinate to A .... ~ ~¥., Section A, above C. OPERATING STANDARDS: In providing any of the required and/or ~uthorized service~ or activities specified in th ~t~L~see shall operate for t~ ...... . is Agree- ~u snalA meet or exceed -~ ~^~..~.u~e an~ ~eneflt of the 6b ...... ~Owzng Standards p ltc 1. Manor. Lessee shall select, appoint, and designate to Le~or in writing, a full-time Manager of business at the leased premises. 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, ~he empIoyees necessary to provide effectively and efficiently the services required or authorized in this Agreement. 3. Employee Qualifications. Lessee shall control the conduct, demeanor and appearance of its employees, who 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. PAGE 13 D. VENDORS AND SUPPLIERS: In providing required and/or authorized services pursuant ~% this agreement, Lessee shall have the right to choose, in its sole discretion, its vendors and suppliers, except as provided in Article IV. Paragraph A. 1. (Fuel). E. CHARGES BY LESSEE: The Lessee agrees to furnish all n a fair eaua~, and not unjustly discriminatory basis services o ~--~- ,nd to charge fair, reasonable~ and not to a£i use .... ~ ..... h unit or servzce, pro unjustly discrimzna~ory pr~ce~ gu- = .... vided, however, that the Lessee may be allowed to make reasonap£e and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. F. MAINTENANCE OF AIRCRAFT ON UNLEASED PREMISES: It is clearly understood by the Lessee that no right or pr~ilege has been granted which would operate to prevent any person, firm or corporation operating aircraft on property not covered by this Lease from performing any services on aircraft, including but not limited to maintenance and repair. ~i~ cmue~ncay~%~%~=~'~mtses ~ the rights a~_~Vi~a%gme~n~ser~n c ~ranted,r including, but not limited to the rentals and fees under this agreement, utilities, taxes, permit fees, license fees and assessments lawfully levied or assessed. Lessee herein agrees to pay to all lawful taxing authorities an ad valorem property tax on all improvements on the leased pre- mises, and to comply with all tax laws as pertaining to the leased premises, either existing tax laws or those promulgated in the future. H. MAINTENANCE OF LEASED PREMISES' Lessee agrees it shall be for all maintenance and repair of all items on the ~esp°gstble- ~--~-~-- ~,,ildin~s- structures, grougds, uti~- £easeo premises, ~uu~u~_~f~_. °t~ash collection an~ removal, tries, grass cutt/ng, ~anu~u~F~A'~, excep2 for exterior asphalt and paved areas and the fuel farm. Lessee agrees that the property, together with all improvements, shall be maintained in a safe, clean and attractive condition at all times and that any change in the original color or texture of the exterior walls of all structures or improvements shall require written consent from Lessor, and such consent shall not be unreasonably withheld. Lessee shall provide a complete and proper arrangement for the adequate sanitary handling and disposal, away from the Airport, of all trash, garbage and other refuse caused as a result of the operation of its business. Lessee shall provide and use approved receptacles for all such garbage, trash, and PAGE 14 other refuse. Piling of boxes, cartons, barrels or other similar items in an unattractive or unsafe manner, on or about the demised premises, shall not be permitted. Lessee shall be responsible for maintaining suitable and attractive yard appearance. Lessee covenants to mow the premises in such a manner to ensure that weed or grass growth is never allowed in excess of that allowed by City weed ordinance require- ments and agrees to removal of weeds from around fences and build- ings. Lessee is encouraged to provide additional landscaping beyond the minimum required by City to assist in enhancing Airport appearance. Lessee herein agrees not to utilize or permit others to utilize areas on the leased premises which are located on the outside of the hangar(s) or building(s) to be used for the storage of wrecked or permanently disabled aircraft, aircraft parts, auto- mobiles, vehicles of any type, or any other equipment or items which would distract from the appearance of the leased premises. Lessee agrees that at no time shall the leased premises be used for a flea market type sales operation. During the term of this Lease, the Lessor shall have the right to require that the metal exterior of hangar(s) or building(s) located on the leased premises be painted at least one (1) time, with said painting of hangars or structures being accomplished utilizing Lessor's specifications, a copy of which is attached hereto as Exhibit "C". Lessor herein agrees to provide Lessee with a two (2) year notice in writing prior to the required completion date of the painting of the hangar(s) or building(s) Lessee herein agrees to pay all costs and expense involved in the hangar or building painting process. Failure of Lessee to complete the hangar or building painting ~ertod prior to the required completion date shall constitute Lessee s default under this Lease. Lessee further agrees that upon the expiration of the term of this Agreement or sooner cancellation thereof, said premises will be delivered to Lessor in good condition, reasonable wear and tear excepted. Lessor reserves the right to make periodic inspection of leased premises and improvements and equipment therein during normal business hours. Lessee shall, at its sole cost and expense, keep and maintain the demised premises and all improvements, additions or alterations thereto, equipment and landscaping constructed or installed by Lessee upon the leased premises, in first-class condition, which condition shall at all times be based on a standard of care reflecting prudent property management, reasonable wear and tear excepted. Lessee agrees to install and maintain within any building, PAGE 15 parking and tie-down, and fuel storage areas on or hereafter placed on the leased premises, such fire equipment and fire extinguishers as may be required by applicable federal, state and local fire codes and regulations. Lessor agrees to maintain the exterior pavement and asphalt of the leased premises. However, where the Lessor's cost of materials to repair exceeds $2,000.00, Lessee agrees to reimburse Lessor for one-half the cost of the materials which exceed $2,000.00 utilized in ma~ing such repair, within 30 days of mailing of an invoice. Failure to pay Lessor for such costs shall constitute an event of default under this Lease. Lessor agrees to maintain and repair the existing fuel farm. If Lessor decides to or is required to replace said farm, Lessee covenants to use only Lessor's new fuel farm facilities and pay the rate charged to other customers at the Airport, not to exceed the rates at other public use airports similar to Denton Municipal Airport, in size and scope of aviation activities, located in the southwestern region of the United States. I. HAZARDOUS ACTIVITIES: Should Lessee violate any law, rule, restriction or regulation of the City of Denton or the Federal Aviation Administration, or should the Lessee engage in or permit other persons or agents to engage in activities which could produce hazards or obstruction to air navigation, obstructions to visi- bility or interference with any aircraft navigational aid station or device, either airborne or on the ground, then Lessor shall state such violation in writing and deliver written notice to Lessee or Lessee's agent on the leased premises, or to the per- son(s) on the leased premises who are causing said violation(s), and upon delivery of such written notice, Lessor shall have the right to demand that the person(s) responsible for the violation(s) cease and desist from all such activity creating the violation(s). In such event, Lessor shall have the right to demand that cor- rective action, as required, be commenced immediately to restore the leased premises into conformance with the particular law, rule or aeronautical regulation being violated. Should Lessee, Lessee's agent, or the person(s) responsible for the violation(s) fail to cease and desist from said violation(s) and to immediately commence correcting the violation(s), and to complete said corrections within twenty-four (24) hours following written notification, then enter on to the leased premises and Lessor shall have the right to correct the violation(s), and Lessor shall not be responsible for any damages incurred to any improvements 3n the leased premises as a result of the corrective action process ARTICLE V INSURANCE AND INDEMNITY A. INSURANCE REgUIREMENTS Beginning on the effective date of this Lease, Lessee shall maintain continuously in effect at all PAGE 16 times~during the primary term of this Agreement and any extension thereof, at Lessee's expense, the following insurance coverages. 1. Comprehensive General Liability Insurance 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. 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. 4. Liability insurance limits shall be in the following minimum amounts: Bodily Injury and Property Damage $1,000,000 combined single limits on a per occurr- ence basis. 5. Ail policies shall name the City of Denton as an additional named insured and provide for a minimum of twenty (20) days written notice to the City prior to the effective date of any cancellation or lapse of such policies. 6. Ail policies must be approved by the Lessor. 7. The Lessor shall be provided with a copy of all such policies. B. Commencing October 1, 1993, Lessor herein reserves the right to adjust or increase the liability insurance amounts required of the Lessee, and to require any additional rider, provisions, or certificates of insurance, and Lessee hereby agrees to comply with any such adjusted insurance requirements as may be required by Lessor within sixty (60) days following receipt of notice in writing from Lessor stating the increased or adjusted insurance requirements, provided however, that any requirements shall be commensurate with insurance requirements at other public use airports similar to the Denton Municipal Airport, in size and in scope of aviation activities, located in the southwestern region of the United States. For the purpose of this Lease, the Southwestern region of the United States shall be the states classified as the Southwestern region by the Federal Avtat.ion Administration. Lessee shall have the right to maintain in force both types of insurance and amounts of insurance which PAGE 17 exceed Lessor's minimum insurance requirements. During the period from October 1, 1993 and continuing until September 30, 1998, Lessor may not require Lessee to maintain liability insurance policies of more than $5,000,000.00 combined single limits on a per occurrence basis. hat State Law should be amended to require ~n.the event ~],A- ~-surance amounts which exceed th~se o~ types o~ insurance auu~u~ ~... L ~- ~h~ southwestern region o~ c use airports ~u u ~ t~e unx~e~ ou~u~o ~ . ~=-~ ~-osee maintain ~n ~oru~ u3F~ ~ o re uzre u~u ~ have the righ~ t q .......... o~ necified by State Law. insurance and/or amount or znsu~m~ -" sr Failure of Lessee to comply with the minimum specified amounts or types of insurance as required by Lessor shall constitute Lessee's default of this Lease. D. INDEMNITY: During all times that this Lease is in effect, the parties agree that Lessee is and shall be deemed to be an independent contractor and operator and not an agent or employee of City with respect to their acts or omissions hereunder. For all the purposes hereunder, Lessee is and shall be deemed an independent contractor and it is mutually agreed that nothing contained herein shall be deemed or construed to constitute a partnership or Joint venture between the parties hereto Lessee agrees to indemnify and hold harmless City and its agents, employees, and representatives from and alainst all liability for any and all claims, suits, demands, and/or actions sed upon intentional or negligent acts or arisinR from or ba ~ . ~._ a~ents representatives, .4~{~n~ on the part oz ~essee, z~ s .... ~ and subcon- o ......... - -- -tsttors co~u~ ..... _ employees, members, P~ron~,.~_sees %hich may arise out ot or tractors (if any}, eno/or suol=~ , 1 from Lessee's occupancy or use of the premises and/or resu t . . ~ .... ~.~ ~ incidental to this activities conducted 1n connecgzou w,=.. ~- Lease Agreement. Lessee shall also indemnify City against any and all mechanic's and materialmen's liens or any other types of liens imposed upon the premises demised hereunder arising as a result of Lessee's conduct or activity. · Provision extends to any and all such This Indemntt~ -, - --~-ns regardless of the type o~ eno Or ~uu~u o claims, suits, 9ema~s,__~ {~h,r such relief is in ~he .form o~ ~1~ soumht thereby, anu w~-~L- - -.~1~ ,~tornev's zees ano ~ .... -~- --~- and costs aha reaso~u~ .... _ ~ =_ ~is damages, 3u~gm=nu~, ..... ~ ~r e~uitable form o~ remeuy. ~*~= expenses, or a~y. otne=_~M__.l., regardless of the nature oz un~ Indemnity Provision snax~ =¥F~; - °. · ..... mom~h to persons or ~nJury o~ harm alleged, whether zor zn3u~3 ~ ...... damage to property, and whether such claims by alleged at common law, or statutory or constitutional claims, or otherwise This Indemnity Provision shall apply whether the basis for the claim, PAGE 18 suit, demand, and/or action may be attributable in whole or in part to the Lessee, or to any of its agents, representatives, members, patrons, visitors, contractors, and subcon- employees, and/or sublessees, or to anyone directly or tractors (if any), indirectly employed by any of them. Further, City assumes no responsibility or liability for harm, injury, or any damaging events which are directly or indirectly attributable to premise defects or conditions which may now exist or which may hereafter arise upon the premises, any and all such defects being expressly waived by Lessee. Lessee understands and agrees that this Indemnity Provision shall apply to any and all claims, suits, demands, and/or actions based upon or arising from any such claim asserted by or on behalf of Lessee or any of its members, patrons, visitors; agents, employees, contractors and subcontractors (if any), and/or sublessees. It is expressly understood and agreed that the City shall not be liable or responsible for the negligence of Lessee, its agents, servants, employees and customers. Lessee further agrees that it shall at all times exercise reasonable precautions for the safety of, and shall be solely responsible for the safety of its agents, representatives, employees, members, patrons, visi- tors, contractors and subcontractors (if any), and/or sublessees, and other persons, as well as for the protection of supplies and equipment and the property of Lessee or other persons. Lessee further agrees to comply with all applicable provisions of Federal, State, and municipal safety laws, regulations, and ordinances. PROVIDED FURTHER, that the Lessee and the City each agree to give the other party prompt and timely notice of any such claim made or suit instituted which in any way, directly or indirectly, contingently or otherwise, affects or might affect the Lessee or the City. Lessee further agrees that this Indemnity Provision shall be considered as an additional remedy to City and not an exclusive remedy. ARTICLE VI TERMINATION~ SUBLETTING AND ASSIGNMENT A. Ail the terms, restrictions, covenants and conditions of record pertaining to the use and occupancy of the premises are conditions of this Lease and failure of the Lessee to comply with any of the terms, conditions, restrictions, covenants and condi- tions of record shall be considered a default of this Lease, and upon default, the Lessor shall have the right to invoke any one or all of the following remedies. Selection of one or more PAGE 19 remedies by Lessor shall not constitute a waiver of any other remedy, B. Should Lessee fail to pay the monthly rental amount or any fee prescribed in Article III hereof, such failure shall constitute a default of this Lease, and Lessor may give written notice to Lessee of Lessee's failure to pay and demand payment in accordance with the Lease terms. Should Lessee fail to pay the monthly rental amount or required fee within twenty (20) days following receipt of written notice from Lessor, then Lessor may, at its sole option, terminate this Lease without further notice to Lessee. C. In the event that Lessee fails to comply with any of the other terms~ conditions~ restrictions and covenants pertaining to this Lease Agreement then in such event, Lessor may give Lessee notice of said breach, and request Lessee to cure or correct the same. Should Lessee fail to correct said violation(s) or breach within thirty (30) days following receipt of said notice, then Lessor may at its sole option terminate this Lease without further notice to Lessee. Should this Lease be terminated by Lessor for failure of Lessee to correct said breach or violation within the thirty (30) day cure time, Lessee shall forfeit all rights to all improvements on the leased premises and all improvements on the leased premises shall become the property of the Lessor. D. In addition to termination of this Lease for the breach of terms and conditions herein, the Lessor shall have the right to terminate this Lease for the following reason(s) 1. The Lease has reached the termination date of the original term or any extended term thereof 2. In the event that Lessee shall file a voluntary petition in bankruptcy or proceedings zn bankruptcy shall be instituted against Lessee 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. 3. In the event that Lessee should make an assignment of this Lease~ for any reason, without the approval of and written consent from Lessor. Upon termination or cancellation of this Lease and provided all monies due Lessor have been paid, Lessee shall have the right to remove its personal property, provided such removal does not cause damage to any part of the hangar, structure or improvements PAGE 20 E. LIEN: The Lessor shall have a lien as security for the rent a~6-~said upon all goods, wares, chattels, implements, fixtures, furniture, tools, and other personal property which are or may be put or caused to be put on the demised premises by Lessee. Upon termination of this Lease, Lessee shall remove all personal property from the demised premises within ten (10) days after said termination. If Lessee fails to remove its personal property as agree, Lessor may elect to retain possession of such property or may sell the same and keep the proceeds, or may have such property removed at the expense of Lessee. If Lessor has exercised its option to take title to fixed improvements as provtded~ Lessee shall repair, at its own expense, any damage resulting from said removal of personal property and shall leave the leased premises in a neat and clean condition with all other improvements in place. F. NO WAIVER. Failure of Lessor to declare this Lease termi- nated upon the'default of Lessee for any of the reasons set out shall not operate to bar, destroy or waive the right of Lessor to cancel this Lease by reason of any subsequent violation of the terms hereof. The acceptance of rentals and fees by Lessor for any pieriod or periods after a default of any of the terms, covenants, and conditions herein contained to be performed, kept and observed by Lessee shall not be deemed a waiver of any rights on the part of the Lessor to cancel this Agreement for failure by Lessee to so perform~ keep or observe any of the terms, covenants or conditions hereof to be performed, kept and observed. G. SUBLET OR ASSIGNMENT OF LEASE: Lessee expressly covenants that it will not assign this Lease, convey more than forty-nine percent (49%) of the interest in its business located on the leased premises, deemed herein to mean the controlling interest in its business, through the sale of stock or otherwise, nor sublet, assign, transfer, nor license the whole or any part of the said premises for any purpose, except for rental of hangar space or tie-down space, without the prior written consent of the Lessor. Lessor agrees that it will not unreasonably withhold its approval of the sale, assignment, or sublease of the facilities for aviation related purposes. In the event that this Lease is assig~ed, all provisions, terms and conditions of this Lease shal~ remain binding upon assignee or sublessee. H. EFFECT OF CONDEMNATION. If the whole or any part of the leased premises shall be condemned or taken by eminent domain proceedings by any city, county, state, federal or other auth- ority for any purpose, then the term of this Lease shall cease on the part so taken from the day the possession of that part shall PAGE 21 be required for any purpose and the rent shall be paid up to that day, and from that day, Lessee shall have the right to continue in the possession of the remainder of the premises under the terms herein provided, except that the rent shall be adjusted to such amount as the parties hereto shall negotiate, but, under no circumstances shall the rent be greater than the per square foot rental provided for hereunder. All damages awarded for such takin§ of land for any public purpose shall belong to and be the property of Lessor. Ail damages awarded for such taking of structures, improvements or businesses that were constructed by Lessee shall be reflective of their value for the remainder of the lease term and be awarded to Lessee, the remainder to be awarded to Lessor. I. ASSUMPTION. Ail 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. ARTICLE VII CANCELLATION BY LESSEE Lessee may cancel this Lease, 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 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 aviation purposes, their use being only limited by such laws and ordinances as may be applicable at that time. PAGE 22 ARTICLE VIII RIGHTS AND OBLIGATIONS OF LESSOR A. 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. 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 main- tenance of the Airport. B. qUIET POSSESSION: Lessor covenants and warrants that, if Lessee discharges the obligations herein set forth to be performed by the Lessee, the Lessee shall have and enjoy during the term of this Lease the quiet and undisturbed possession of the leased premises, together with all appurtenances thereto and without hindrance from the Lessor. C. RIGHT OF EASEMENT: Lessor or Lessor's authorized agent establish easements, at no cost to shall have the right to Lessee, upon the leased premises 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. Lessee shall not have the right to levy fees or charges for any exercised right of easement by Lessor or Lessor's autho=ized agent. D. INGRESS AND EGRESS: Upon paying the rental hereunder and performing all of the terms, conditions, and covenants of this Agreement, Lessor agrees that Lessee shall have the right of ingress to and egress from said leased premises for the Lessee, its officers, employees, agents, servants, customers, vendors, suppliers, patrons, and invttees over such roadway(s) as may be designated for that purpose and the right of egress to and egress from .the landing area for airplanes over taxiways and aircraft parking ramps provided by Lessor. Said roadway(s), aircraft parking ramps and taxiways shall be used Jointly with other tenants on the airport, and Lessee shall not interfere with the rights and privileges of other persons or firms using said facilities and shall be subject to such weight and type use restrictions as Lessor deems necessary. PAGE 23 E. ,TIE-DOWNS: Between September 1, 1988 and August 31, 1993, Lessor agrees ~o reserve fifteen (15) of its present tie-down spaces for the use of transient aircraft. Lessee, at its option, said tie-down spaces as are then u~occupied at the rate oz ~.~u each per day or $25.00 per month. ARTICLE IX 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 TAXIWAYS: 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 lncluding landing, takeoff and including the taxiing, to aircraft having an actual weight, 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 soliciting part or control, such as an unsolicited or unscheduled or emergency landing. Negligent disregard 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. B~ BUILDING LIFE: It is agreed that the life of any building to be constructed by Lessee on the property herein leased is at least twenty-one (21) years. ARTICLE X GENERAL PROVISIONS A. WAIVERS: Failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, shall not be deemed a waiver of any breach of any of the provisions of this lease or a consent to any subsequent breach of any of the same or any other provisions. PAGE 24 B. LEASE BINDING ON SUCCESSORS~ ASSIGNS~ ETC.: Ail covenants, agreements, provisions and conditions of this' lease shall be binding upon and inure to the benefit of the respective parties hereto, that is both Lessor and Lessee Jointly and severally, and their legal representatives, successors or assigns, and/or any grantee or assignees of the Lessor and Lessee. No modification of this Lease shall be binding upon either party unless it is in writing and signed by both parties. C. ATTORNEY'S FEES In any action brought by either party in which a-Judgment is awarded in favor of the party instituting the action for the enforcement of the obligations and conditions of the Lease, that arty shall be entitled to recover all costs from P 's the other party, including attorney fees, involved in the enforcement of this Lease. D. PARAGRAPH HEADINGS: The headings used herein for each paragraph are used only '~or convenience and are not intended to explain the nature of each paragraph. E. PARKING: Lessor reserves the right to restrict and designate-~--~-r-~ing areas for all surface vehicles on all areas of the Denton Municipal Airport. F. 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. G. FORCE MAJEURE: It is understood and agreed between the parties hereto that Lessee shall be relieved from the performance of any obligation of this lease during such period of time as the performance of such obligation is impractical or impossible because of revolution, public disorder, war, whether declared or not, acts of public enemies, strikes or other labor disturbances (unless the same were induced by the negligence or willful act of Lessee, its agents, servants, employees or independent contrac- tors), fires, floods, storms, acts of God, orders or acts of any r ment or movernmental authority through no fault of Lessee, gore n M A ~u. -ature through no fault of and beyond the or any cause oz ~ ~ ~ ce. In any such case, written notice, sent bT control of Less .... ~- - ..... to Lessor within ten (10; regis.tered mail shall De gxven_~3 ~=~se advising Lessor of the days after the commencement o~ SUCh ca existence of such cause and of Lessee's readiness to resume performance of such obligation upon the removal or nonexistence of such cause. It is further understood and agreed between the parties hereto that Lessor shall be relieved from the performance of any obligation of this lease during such period of time as the performance of such obligation is impractical or impossible PAGE 25 because of revolution, public disorder, war, whether declared or not~ acts of public enemies~ strikes or other labor disturbances (unless the same were induced by the negligence or willful acts of its a ents~ servants, employees or independent contrac- ~ess?r, ~___ ~l~,~s storms- acts of God, orders o~ ac~s.of any ~ors;~ ~r~, ~ ~ ~ .~^~v through no fault ot Lessor, government or governmenu~ ~u~ ..... ~ ~ or any causes of a like nature through no fault of and beyond the control of Lessor. In any such case, written notice, sent by registered mail shall be given by Lessor to Lessee within ten (10) days after the commencement of such cause advising Lessee of the existence of such cause and of Lessor's readzness to resume performance of such obligation upon the removal or nonexistence of such cause. H. LEASE APPROVAL: Be it further understood by the Lessee that this Agreement shali not be binding on either party until such time as approval of Agreement has been secured from the Denton City Council. I. NOTICE. Any notice given by one party to the other in con- nectton w--~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 Unless notified to the contrary by Lessor. 2. If to Lessee, addressed to: AirDenton, Inc. Denton Municipal Airport Denton, Texas 76205 Notices shall be deemed to have been received on the date of receipt as shown on the return receipt. O. GOVERNING LAW: This Agreement is to be construed in accordance with the laws of the State of Texas. K. ENTIRE AGREEMENT: This Agreement constitutes the entire underst~nding between the parties and as of its effective date supersedes all prior or independent Agreements between the parties modification covering the subject matter hereof. Any change or hereof shall be in writing signed by both parties. L. TIME: All references to days shall be construed to be calendar~[~ys. PAGE 26 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. CITY OF DENTON, TEXAS, LESSOR ATTEST' IF~A~LT~RS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY AIRDENTON, INC. , LESSEE ATTEST: CORPORATE SECRETARY AIRD~NTON~ INC. PAGE 27 THE STATE OF TEXAS § COUNTY OF DENTON ~ BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared Jim Huff, President of AirDenton, Inc., 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 AirDenton, Inc., 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 the /~. day of .., J~NETTE ~ E~~OF TE ~~ ~ NO~d~ PUBLIC, S XA~ THE STATE OF TEXAS § COUNTY OF DENTON § BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared Ray Stephens, Mayor of the City of Denton, Texas, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknow- ledged to me that the same was the act of the said City of Denton, Texas, a municipal corporation of the State of Texas, and that he for executed the same as the act of said municipal corporation the purposes and consideration therein expressed, and in the capacity therein stated. G~EN UNDER MY HAND AND SEAL OF OFFICE, this the /6~ day of y .., My Commission expires: PAGE 28 AGREEMENT FOR OPERATION OF FLIGHT SCHOOL This agreement entered into this ~& day of ~;~c,'~,~.- , 1988, by and between AlrDenton, Inc hereinafter referred to as "FBO", and Dobransky Enterprises, Inc., hereinafter referred to as "Dobransky", WHEREAS, "FBO" is operating under the terms of an agreement between Maverick Aircraft, Inc. and the City of Denton, such agreement being dated Aug.30,1988, hereinafter referred to as "Agreement", and which "Agreement" is Incorporated herein for all purposes, and WHEREAS, "Agreement" in Article IV, A(6), requires the operation of a flight school, and WHEREAS, "Dobransky" desires to operate a flight school at the facilities covered under "Agreement", NOW, THEREFORE, in consideration of the mutual agreements and covenants hereinafter set forth, the parties hereto agree as follows; (1) For a term of three years, beglnlng Dec 1,1988, "Dobransky" will operate a flight school in the premises devised under the "Agreement" (2) "Dobransky" will obey and adhere to all covenants and agreements contained in the "Agreement" "Dobransky" specifically agrees to comply with the requirements of Article V of "Agreement". IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written AlrDenton, Inc ~ames W. H~f,2'r~ t~kes Dobransky Enterprises, Inc · by Joybobrans~~ EXHIBIT A CONTINUED All that certatn lot, tract, or parcel of land situated in the William Nell Survey, Abstract Number 970, and the T. Toby Survey, Abstract Number 1285, Denton County, Texas, and being part of a tract shown by deed to the City of Denton, recorded in Volume 305, Page 216 of the Deed Records of Denton County, Texas and part of a tract shown by deed to the City of Denton, recorded in Volume 304, Page 503 Deed Records and being more particularly described as follows: Beginning at a point that is North 88 degrees 33 minutes 59 seconds West 528.37 feet from the northwest corner of a tract shown by deed to Patrick F. Breen recorded in Volume 427, Page 183 Deed Records; Thence South 00 degrees 59 minutes 07 seconds West a distance of 592.66 feet to a point for a corner, said point being tn the north line of Lot 1, Block 1 of the Southeast Airport Addition, and additton to the City of Denton as shown by plat recorded in Cabinet G, Slide 295, Plat Records, Denton County, Texas, Thence North 88 degrees 53 minutes 12 seconds West a distance of 617.60 feet to a point for a corner, said point being South 88 degrees 53 minutes 12 seconds East 41.67 feet from the northwest corner of said Lot 1, Thence North 08 degrees 24 minutes 37 seconds East a distance of 403.8~ feet to the beginning of a non-tangent curve to the left whose center is South 86 degrees 04 minutes 55 seconds West 293.69 feet and central angle is 34 degrees 30 minutes 00 seconds, Thence with said curve a distance of 176.84 feet to the end of said curve; and the beginning of another curve to the right, whose center is North 56 degrees 28 minutes 22 seconds East 405.64 feet and central angle is 32 degrees 42 minutes 43 seconds, Thenea with said curve, a distance of 231.59 feet to the end of said curve; Thence leaving the last mentioned curve in a non-tangent direction of South 87 degrees 03 minutes 22 seconds East a distance of 150.42 feet to a point in a chain link fence and the beginning of a non-tangent cu~e to the left whose center North 79 degrees 32 minutes 3 seconds East 375.00 feet and central angle ts 20 degrees 51 minutes 11 seconds, Thence with said curve a distance of 136.48 feet to the end of said curva; Thence leaving the last mentioned curve in a non-tangent direction of South 88 degrees 34 minutes 29 seconds East a distance of 273.05 feet to a point for a corner, Thence South O1 degrees 19 minutes 14 seconds West a distance of 52.60 feet to a point for a corner, Thence South 88 degrees 33 minutes 59 seconds East a distance of 228.66 feet to the Place of Beginning and containing 9.100 acres of land. EXHIBIT "B" 5. The t:ez~ of ~he lease, which is an impor~.an~ factor in der:er- mining lease ~a~:es. whether or not a long~ t~ lease at 1~ ~ates is d~iz~le Only ~ough a long ~ l~se (20 ye~S, o= more) ~d ~e les- l~~ ~ will ul~i~elY ~efit es~:a~ishe~ at~ Den~.on.~um.c~_l~_~Jj.'~:..~, a's' rentals or :Leases of ~ .~0 .~2 .~4 .20 ~ .08 .~0 .~ .~6 ~ .05 .08 .~0 .~4 8.14 HOSE OUAR'i-Z MC-1 LIGHT BUFF MC 10 *FLAX MC-19 TUNDRA MC-2E LRV 69% LRV 65% LRV 78% LRV 66% *CHINA WHITE (1 3) MC-E *CHROME YELLOW (1 E,3 4) MC-11 *IVORY (I 3) MC-20 GREENLAND MC-29 LRV 82% LRV 56% LRV 84% LRV 50% BISOUE MC-3 WHEAT MC,12 QUINSE MC-21 JADE MC-30 LRV 76% LRV 69% LRV 72% LRV 32% CLAY TINT (1 2 3 4) MC-4 *SNELL MC,13 eABSINl14E MC-22 PINE MC-31 LRV 57% LRV 78% LRV 77% LRV 16% PALE AMBER MC-E *SULPHUR (123) MC-14 LINDEN MC-23 SPEARMINT MC-32 CRV 66% LRV 73% LRV 3~% LRV 68% *CANYON (123) MC-6 TALLOW LRVMC,1569% LIMESTONE (3) LRvMC*2482% HEMLOCK LRvMC'3347'/. HENNA (2 4) 1~7 eYELLOW PASTEL (1 2 3 4) MC,16 MARSH MC-25 WINTERGREEN UC-34 V 10% LRV 61% LRV 70% DECK RED (2 4) MC-6 MILUNO'fELLOW MC-17 FERN (2 4) MC-26 *EMERALD MC-35 LRV 9% LRV 61% LRV 41% LRV 10% COPPER (2 4) MC-6 GOLD iNGOT MC-18 GREENERY {2 3 4) MC-27 CEDAR GREEN MC-36 ~) LRV 14% LRV 46% LRV 49% LRV 7% · For beat hiding two coats may be required over contrasting colors (1) Not available In Tile-Clad® II Enamel (BAC) (2) Interior only (644) (3) ntorlor only (BAC) (4) Lead containing and lead free vamion~ available in (844) systam Lead containing colors not to be used for domeatlo, inatltutionai, educational or re(=reaflonai fanilitiee For Indust~ial use onlyt Industri ,. Maintenance .,oatings Industry · Commerce' Institutions' New Construction ® Repaint · Maintenance SIENNA MC-37 DEEP UMBER MC-46 CI.OVE MC-S5 StLVERY MC-64 LRV 11% LRV 12% LRV 30% LRV 63% WALNUT BROWN (2 4) MC 38 PUI'~ MC-47 FAWN MC-$6 TOWER GRAY MC-65 LRV 6% LRV 45% LRV 48% LRV 19% LIGHT BARK M~-$9 CANVAS MC-48 SPICE MC-57 SHALE MC 66 CRV 32% LRV 63% LRV 30% LRV 45% PRAIRIE MC-40 SIERRA TAN MC-4B BEIGETONE MC-58 SMOKE MC-67 LRV 64% LRV 46% LRV 56% LRV 30% CORK MC-4t PEARL MC-50 DUSTY Pr. ACH MC-59 GREYSTONE MC-68 LRV 35% LRV 75% LRV 63% LRV 43% MESA MC-42 BIRCH WHITE MC-51 COBBLESTONE MC-60 PEWTER MC-69 LRV 69% LRV 41% LRV 48% DESERT SAND MC-43 MAPLE TAN MC-E2 TAUPE MC-61 PLATINUM MC-70 LRV E7% LRV 43% LRV 27% LRV 67% WHITE RAND MC-44 GOLDEN MC-63 MARBLE MC-62 SLATE GRAY MC-71 ~ LRV 56% LRV 46% LRV 77% LRV 40% ADOBE MC-45 EARTHEN MC-54 GREIGE MC-63 E9ONY MC-72 LRV 47% LRV 36% LRV 54% LRV 8% (5) Not available in Metaiastlo II Enamel, Silicone Alkyd Enamel, Color approximates the appearance of the actual costing Factors Direct To Metal Enamel, or Water Based Catalyzed Epoxy such as type of product degree of gloss, texture, raze and shape of area, lighting heat, or method of application may cause (6) Package Color,Contolce Lead Not to be used for domestic, institutional, educational or ranreatlo~al facllitlas For Industrial uae only color variance Performance of certain colors may be Alternate Lead Free products are available in Induatr a Enamel quality affested by specific exposdre environments Metalatex Semi-Gloss Enamel, ~ne Alkyd Enamel, T~le-Clad II Enamel War sad Catalyzed Epoxy Products available ueing Nuo~,~x Chroma them® 844 oolorant~ (844) Epoxy Mastic Enamel, Heavy Duty Epoxy Enamel. Hi-Slid AIIphattc Polyurethane H~*Bdd Chlorinated Rubber Enamel, Tile Clad Il Enamel Limited colors availab{e ~n H~-BIId V~nyl Chroma Chem® is a registered trademark of Nuodex, Inc -- -'~_. Safety Color,s____ BERMUDA MC-?3 TIDAL BLUE MC-82 ~ 5 B) LRV 29% LRV 49% LRV 53% SEAWARD MC-74 MARITIME MC-83 SAFETY RED (2 4 5 6) SAFETY BLUE LRV 54% LRV 30% LRV 17% CERULEAN MC-TS DELFt' MC-84 SAFETY ORANG/E~2/4 5 6) ! 4 B 6) LRV 34% LRV 60% LRV 17% LRV 17% TURQUOISE MC-76 VAPOR MC-SS BRILLIANT WHITE BLACK LRV 23% LRV 72% (DAMP SURFACE LRV 86% LRV 0% ENAMEL BE2Wl) Actualprtmer color will depenBIng on product These chips are approximate AZURE MC-?? FROST BLUE MC-BR PURE WHITE LRV 85% representations only LRV 75% LRV 53% (INDUSTRIAL WATER BASED ACRYUC PAINT B42WllO) ZINC CLADm ETHYL BIUCATE MILLPOND MC-78 GREY BLUE MC-87 ~lnums B69VI IBOBO2 LRV 72% LRV 36% PERSIAN BLUE MC-79 HARBOR MC-SD BLUE BRITE B59SW2 ZINC CHROMATE BBOYI LRV 28% LRV 23% SURF MC-80 ARCT1Q BLUE MC-SD SILVER BRITE® B59811 KEM KROMIK® WHITE BBOW1 LRV 69% LRV 26% tNOUSTRIAL ALUMINUM PAINT DBDSA GALVITE PAINT BBOW3 LIGHT TEAL (2) MC-81 INOIGO MC-90 GREEN BRITE B59SW1 KROMIK® E41N1 ~'~ LRV 29% LRV 7% KEM KROMIKe BB~fl2 TiLE CLAD® B62N71 HI BIL~ CHLORINATED RUBBER BS3Nll LATEX METAL PRIMER B42N8 UNIVERSAL METAL PRIMER BBCflB CITY oI DENTONt TEJC4S M(JNICIPAL BUILDING / DENTON, TEXAS7620! / TELEPHONE (S17) ~6 8200 -- OIlice ol C~t~ February 8, 1989 Mr. Jim 9uf£ AlrDenton Route l~ Airport Road Denc0n, Texas 76205 Dear Jim~ ' A~Cec reviewin8 your proposed chesses to the preamble of the Restated Lease Asreement~ ! f~tnd they are perfectly acoeptable. ! would however~ for the sake of the record, and for chose who follow in our ~otste~, prefer that lansuase explainin$ why the old lease was amended remain included. Enclosed is a copy of the lansuase you forwarded us with the one addition! would like underlined. Please review this at your convenience and adrian Joe Morris o[ this o~fica as to whether it is acceptable. Very truly yours, l~bra A. Drayovitch City Attorney l o:Js Enclosure 3238'1 r 6 1988 Iony I. Riley, and O~oup One, rights in and to said leaneho~o ~nc~c~ .... ~--_ .. Aircraft, Inc.'s £ncarest in said leasehold in ~srac~o~ debt o~ed by Haverick Atrcraf~ Inc., ~o ~ony A. alley aaa ~e, Inc.; and ~, Tony A. Riley a~d Group ~e, Inc. have, for valuable consideration ~ran~rred a~u assi~ed ~o Air~nCon, Inc. all o Tony A. Riley and Group One, Inc.~s lnCeres~ ~n sa~d leasehold; and reflect ~he ~cc cha~ Atr~ntou, Lac. no~ holds the lease, and reflect ~he tessor*s ap~ovat ~hereof; $EP--27--99 HOH 11=14 24P6?e+24?T~T~ ._.9.40~72~92 P.04 ' I I I AlrDenton Area 1 - East side of T~Eangars Length = 500 ft. Width = 55 ft. = 27,500 Area 2 - South end Of T-Hangars Length = 314 Width = 46 ft. = 14,444 Area 3 - Between T-Hangars Length = 500 ft. Width w 60 ft. = 30,000 Area 4 - West side of T~Hangars Length = 500 width = 50 ft. = 25,000 Area 5 - Taxiway between new hangar/old hangar Length - 196 Width = 148 ft. = 29,008 Area 6 - Apron east $tde of old hangar' Length m 166 ft. Width = 74 ft. TOTAL = 138~236 sq. ft. - 15,360 sq. yards MainCeuance e~d Se, rvicin~ of Aircraft! 0verhauliog, Eebutlding~ R~pairin$, Inspection aud Licensing, ~i~t ~o ~s~ Vehicles to S~vice ~zcraf~ Sa~es, ~rcr~ Parch ~ Aviation 6. S~le of ~rial Sudsy, ~hocosraph, ~ppin~ and 5pzayin~ SaUces. ~. ~e~acion o~ Nou-Sch~duled and Cha~te~ 10. Sale through Coin ~eraced Vendin~ ~ 11, ~eration of Car 12. 5hall be all.ed co pro'de oleepl~ q~rCera a~ acco~dacion$ of a~ound-~he-c l~ck ~ecu~l~ 1. 3X of Wholesale Price Per ~allon of All Fuel delivered to the Lessee. Paid by ~ha 15~h o~ each Mon~h. 2, 10~ sE Ha~$ar or Tie-down Fees, 3. 10% of Car P, eutal. 1, Fuel - have available Oradee and 0cCanes of Aviation gasoline and JeC ~uel norually ~o~ud a~ a~nlla~ ~Lrpor~s. 2, Provide Ramp Secvice for Sale o! Aviation Fuels, Lubricants and o~her~ ,~ ~cs 9er Circu18= 5230-A, All ff~l shall be ~de ava[labia et~he~ by T~ TEuck, Sta~LonsW ~ o~ Su[ubla ~pu~C approved by the h~shaL ~d ~o~ P~o~de ~ Se~lce fo~ ~a~kinS~ 9~orasa a~ A P~to~ ~u~e ln~o~t~on Sea,cee. ~elephooe SaUces co ~l/8hc Se~ce Federal. SCats and Local Fire Codes. 1.000.000 - t[abiltty. *U1 ~o~cies m~c'be approved by ~ssog.~ E.\WPDOCS\I~S\AIRDEN.LEA RESOLUTION NO. ~-~---~ A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE LEASE A~REEMENT BETWEEN THE CITY OF DENTON AND AIR DENTON, INC.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, certain real property upon the Denton Municipal Airport was leased to Air Denton, Inc., a Texas corporation, Lessee, by lease agreement dated August 30, 1988; and WHEREAS, the City of Denton and the Lessee desire to amend the lease agreement; and WHEREAS, the Airport Advisory Board for the City of Denton has reco~mmended 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 airport operations to approve such lease amendment; NOW, THEREFORE, BE IT RESOLVED BY THE coUNCIL OF THE CITY OF DENTON: ~ That Amendment No. 1 to the airport lease agreement between the Cmty of Denton and Air Denton, Inc. dated August 30, 1988, which is attached hereto, is hereby approved. ~ That the Mayor is hereby authorized to execute the 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 a~rport lease agreement dated August 30, 1988, mnscr~b~ng on the original agreement the fact it has been amended and the effective date of such amendment. ~ That this resolution shall become effective ~mmediately upon its passage and approval. ~ PASSED AND APPROVED this the ~day of , 1994. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEB~A A. DRAYOVITCH, CITY ATTORNEY PAGE 2 A~REF~ENT BETWEEN THE CIT~ OF DENTON ~ ~IR DENTON~ INC. WHEREAS, certain real property upon the Denton Municipal Air- port was leased to Air Denton, Inc., a Texas corporation, by lease agreement dated August 30, 1988; and WHEREAS, the city of Denton and the Lessee desire to amend the lease agreement to provide for a new term of the lease, and to amend the fees to be paid by Lessee; NOW, THEREFORE, WITNESSETH: The city of Denton, Texas, hereinafter referred to as "Lessor" and Air Denton, Inc., hereinafter referred to as "Lessee" for and in consideration of the rents, covenants and conditions contained hereln~ do hereby mutually agree that the lease dated August 30, 1988, between the city of Denton and Air Denton, Inc. is amended as follows: 1. Article II, Section C. (Term) is hereby amended to read as follows: C. TERM: To have and hold the said premises together with all improvements, appurtenances, rights, and privileges thereunto belonging or in any wise appertaining, unto the said Lessee for a term of years, beginning the date first set out in this Agreement and ending August 30, 2009 (the primary term) unless so terminated on an earlier date under any other provisions of this Agreement. Lessor shall grant to Lessee the right to extend the term of this Lease for an additional ten (10) year period from the date of expiration of said primary term, if Lessee shall complete construction of capital improvements, which are affixed to the leasehold premises, equal in value to at least $174,999.00 on or before August 31, 2003. 2. Article III, Sectlon A. (Land Rental) is hereby amended to read as follows: A. LAND RENTAL: 1. Commencing October 1, 1993 and continuing through August 30, 1998, Lessee agrees it shall pay to the Lessor the sum of One Thousand Two Hundred ($1,200) Dollars per month for the use and occupancy of the premises. 2. Commencing September 1, 1998 and continuing through August 30, 2003, Lessee shall pay One Thousand Slx Hundred ($1,600) Dollars per month for the use and occupancy of the premises. However, if Lessee'S fuel flowage for the year commencing September 1, 1997 through August 30, 1998, is more than 360,000 gallons, then the monthly rental for said period shall be Two Thousand Slx Hundred ($2,600) Dollars per month. 3. commencing September 1, 2003 and continuing through August 30, 2009, Lessee shall pay Two Thousand SlX Hundred ($2,600) Dollars per month. However, if Lessee'S fuel flowage for the year September 1, 2002 through August 30, 2003 is more than 450,000 gallons, Lessee shall pay Three Thousand ($3,000) Dollars per month. 4. (a) If: (1) Lessee has constructed improvements required by Article II. C. on or before September 1, 2003; and (2) Lessee exercises its option to extend the lease term for ten (10) yearS, then Lessee shall pay the following rental: Commencing September 1, 2009, and continuing through , 2019 Lessee shall pay an ,,Adjusted Base August 30.. ~ ~ ....... "Base Rental." During ~hl~ Rental," calcu~a~u u~w~ ~ time, the "Base Rental" shall be TwO Thousand SlX Hunarea ($2,600) Dollars per month; provided that should Lessee have fuel flowage of more than 450,000 gallons for the year September 1, 2002 through August 30, 2003, the "Base Rental" shall be Three Thousand ($3,000) Dollars. As promptly as practicable after August 30, 2009, Lessor shall compute the percentage of increase, if any, in the cost of living during the period between August 30, 2008, August 30, 2009, and thereafter, on August 30 of each year, based upon the changes in the consumer Price Index for all consumers (,,Consumer Price Index"). It is agreed that the last bimonthly Consumer Price Index Number published just prior to August 30, 2009 (if available, else the last quarterly index) shall be called "Base Index Number". If the Consumer Price Index Number for August of any subsequent year (each such number being herein called an ,,Anniversary Index Number") is higher than the Base Index Number, then such Anniversary Index Number shall be divided by the Base Index Number and from ~he quotient thereof shall be subtracted the higher one (1). The resulting number, multiplied by one hundred (100), shall be deemed to be the percentage of increase in the Base Rental. such percentage of change shall be multiplied by the Base Rental and the product thereof shall be added to the Base Rental to determine the Adjusted Base Rental payable for the next one (1) year period commencing on the lmmed~ately preceding August 30. such Adjusted Base Rental shall be calculated in the above manner during each subsequent year. As an example, only, of the foregoing ad]ustment: PAGE 2 a. Assume Base Rental is $2600 per month, b. Assume Base Index Number is 200, c. Assume Anniversary Index Number on the anniversary date iS 300, then based upon the foregoing, the Annual Base Rental shall be: Anniversary Index Number 300 - Base Index Number 200 = 1.5 - I = .5 x 100 = .50 = 50% 50% x 2,600 = 1,300 $1,300 + 2,600 = $3,900 Adjusted Base Rental In no event shall Lessee's "Adjusted Rental" ever be less than the "Base Rental" provided for herein. (b) Lessor shall notify Lessee of the amount of the "Adjusted Rental" to be paid for each subsequent year of the lease at least ten (10) days prior to the beginning of each subsequent year. Lessee shall notify Lessor of any claimed error therein within ten (10) days after receipt of such notice. (c) For purposes of this section, ,,Consumer Price Index" means the Consumer Price Index For All Urban Consumers, CPI-U, (all items, published by the United States Department of Labor, Bureau of Labor Statistics 1984 = 100) publIshed by the United States Department of Labor, Bureau of Labor Statistics or any successor to such agency. If publication by the agency is discontinued, CPI-U shall refer to comparable statistics with respect to the cost of living for all urban consumers published by any agency of the United States Government and mutually agreed to by Lessor and Lessee. 3. Article III. (Fees), Sections B. (Hanger and Tie Down Fees), and C. (Fuel Fees) are hereby amended to read as follows: B. ~ANGAR AND TIE-DOWN FEES: From the commencement of this Lease and continuing through August 30, 2009, Lessee shall pay Lessor ten (10%) percent of all hangar and tie-down rental fees collected by the Lessee from customers renting Lessee's hangars or renting tie-down facilities on Lessee's premises each calendar month during the term of this lease. Commencing September 1, 2009 and continuing through August 30, 2019 Lessee shall pay Lessor eleven (11%) percent of such hangar and tie-down rental fees collected by the Lessee from customers renting Lessee's hangars or renting tie-down facilities on Lessee's premises each calendar month during the term of this lease. All rentals and fees shall be paid monthly to Lessor on or before the 15th day of each month during the term of thls Lease. All such hanger rentals and PAGE 3 fees shall be accompanied by records showing the date and location on the Airport where the aircraft was hangared or parked and the tail number, or side number, of the aircraft. C. ~J~: From the commencement of this Lease continuing through August 30, 2009, Lessee shall pay Lessor three percent (3%) of the wholesale price per gallon of all fuel delivered to the Lessee. Commencing September 1, 2009 and continuing through August 30, 2019, Lessee shall pay Les- sor five percent (5%) of the wholesale price per gallon of all fuel delivered to the Lessee. All fees shall be paid monthly to Lessor on or before the 15th day of each month during the term of this agreement. Ail such fees shall be accompanied by records showing the time, date, number of gallons delivered and the name of the fuel supplier. 4. Article V (Insurance and Indemnity), Section A. (Insurance Requirements) is hereby amended to read as follows: A. INSURANCE REOUIREMENTS: Beginning on the effective date of this Lease, Lessee shall maintain continuously in effect at all times during the primary term of this Agreement and any extension thereof, at Lessee's expense, the following insurance coverages: 1. Comprehensive General Liability Insurance for A~rports covering the leased premises, the Lessee, 1ts personnel and 1ts operations on the Airport. The policy shall include, at a minimum, the following coverages and limits: Products/Completed Operations $2,000,000 Personal and Advertising Injury 2,000,000 Each Occurrence Limit 2,000,000 Fire Damage 50,000 Medical Expense 1,000 Hangarkeeper's Liability Coverage Each Aircraft Limit 200,000 Each Occurrence Limit 500,000 2. Aircraft Liability Insurance, with minimum l~mits of $1,000,000 bodily injury, Including death, and $250,000 property damage liability per occurrence, and to include Passenger Liability Insurance of $50,000 per seat. 3. Fire and extended coverage for replacement value for all facilities used by the Lessee either as a part of this Agree- ment or erected by the Lessee subsequent to this Agreement. 4. Lessee shall require each and every independent contrac- tor, sub-contractor, or sub-lessee who performs or provides any service or constructs any ~mprovements on the leased pre PAGE 4 mises to have General Liability and Worker's Compensation Insurance prior to the start of any contracted work. If Les- see provides Lessor proof that worker's compensation insurance for flight instructor pilots is not reasonably available throughout Texas, the requirement for coverage shall be waived. Such coverage will be Immediately obtained when reasonably available through the State plan or, if desired, through a commercial insurance carrier. Lessee may purchase and maintain in force standard contractor's Insurance which will provide protection during such contract work. 5. Comprehensive Automobile and Truck Liability Insurance, covering owned, hired, and non-owned vehicles with minimum limits of $500,000 per occurrence for bodily in3ury including death, and $100,000 per occurrence for property damage, such insurance to include coverage for loading and unloading hazards. 6. Worker's Compensation Insurance as required by law w~th the policy endorsed to provide a waiver of subrogation as to the Lessor; ~lover's Liability Insurance, Coverage B in the following amounts: (a) Bodily Injury by Accident - - - $100,000 each accident (b) Bodily Injury by Disease $100,000 each employee (c) Bodily Injury by D~sease $500,000 policy limit 7. For purposes of Subsections 4 and 6 hereof, it shall be unreasonable for Lessee to obtain, or require its sub-lessees, licensees or contractors to obtain, worker's compensation insurance coverage for flight ~nstructors ~f the cost of such insurance per flight instructor exceeds the cost (on a percentage of payroll basis) of such insurance coverage for any other worker on the leased premises. 8. Ail policies shall name the city of Denton as an addit~on- al insured and provide for a minimum of thirty (30) days · written notice to the City prior to the effective date of any cancellation or lapse of such pollcles. 9. All policies must be approved by the Lessor. 10. Lessee shall furnish Lessor a copy of all such policies. In all other respects, the terms and conditions of the lease agreement entered into between Lessee and Lessor on August 30, 1988 shall continue to be in full force and effect. PAGE 5 IN WI~S.~EREOF, ~e parties have executed this Agreement as of the ~__~___~ day of ~ ~ ., 1994 to be effective upon its execu=lon. CITY OF DENTON, TE~S, LESSOR ATTEST: JE~IFER WALT~S, CITY SECRETLY DEB~ A. D~YOVITCN, CITY ATTO~EY PAGE 6 STATE OF TEXAS COUNTY OF DENTON BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared Bob Caetleberry, Mayor of the Cl~y of Denton, Texas, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknow- ledged 'to me that the same was the act of the said city of Denton, Texas, a municipal corporation of the State of Texas, and that he executed the same as the act of said corporation for the purposes and consideration therein expressed, and in the capacity therein stated. UNDER MY HAND AND SEAL OF OFFICE, this the ~ day 4~IVEN ]I~,?~T.'t ~y COk~ON EXPIIW$ l) My commission expires: STATE OF TEXAS COUNTY OF DENTON BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared Jim Huff, Presldent of Air Denton9 Inc., known to me to be the person and officer whose name is suDscribed to the foregoing instrument and acknowledged to me that the same was the act of the said Air Denton, Inc., a corpor- ation 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 the 9/~ day ][eT~2~~ N~YPUBLIC I NoT~LRY PUBZIC, ~GT~TE OF TEXAs E \WPDOOS\K\AIRDEN.L PAGE 7 OR INANCE AN ORDINANCE AUTHOR/Z1N6 THE SECOND AMENDMENT TO AIRPORT LEASE A6REEMENT FOR FIXED BASE OPERATION (FBO) ACTIVITY BETWEEN THE CITY OF DENTON AND TEXAS AIR CENTER, 1NC (FORMERLY AIR DENTON, 1NC ), AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, certmn real property upon the Denton Mumc~pal Airport was leased to Texas Air Center, Inc, a Texas Corporation, by an Aarport Lease Agreement for FBO Activity effective August 30, 1988 and amended on June 7, 1994 WHEREAS, the C~ty of Denton and the lessee desire to amend the lease agreement agmn, and WHEREAS, the A~rport Advisory Board for the C~ty of Denton has recommended approval of the Second Amendment, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~ That the attached Second Amendment to Airport Lease Agreement for FBO Act~wty between the City of Denton and Texas A~r Center, Ine ~s approved ~ That the C~ty Manager ~s authorized to execute the attached lease amendment on behalf of the C~ty and the C~ty Secretary ~s d~rected to affix this ordinance w~th the executed lease amendment to the A~rport Lease Agreement for FBO Act~wty effective August 30, 1988, inscribing on the original agreement the fact ~t has been amended and the effectwe date oftlus second amendment ~ That this ordinance shall become effective immediately upon ~ts passage and approval PASSED AND APPROVED flus the ~ ® day of ~ff~'~ ,1998 JAC~vlILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APP~vI~D A~TO L~G~AL FORM HERBERT L PROUTY, CITY ATTORNEY SECOND AMENDMENT TO AIRPORT LEASE AGREEMENT FOR FIXED BASE OPERATING ACTIVITY BETWEEN CITY OF DENTON AND TEXAS AIR CENTER, INC. STATE OF TEXAS § COUNTY OF DENTON § WHEREAS, the Second Amendment to A~rport Lease Agreement For F~xed Base Operating (FBO) Activity ("Amendment") ~s entered ~nto by and between the City of Denton ("Lessor") and Texas A~r Center, Inc (formerly A~r Denton, Inc ) ("Lessee") WHEREAS, on or about August 30, 1988, a lease agreement for FBO Act~wty ("A~rport Lease") by and between the Lessor and Lessee became effective, and WHEREAS, Lessee and Lessor amended the A~rport Lease on June 7, 1994, and desire to amend the Airport Lease again ~n order to ewdence a Letter of Understanding between Lessor and Lessee and Prowdent Bank, and WHEREAS, this Second Amendment Is necessary ~n order for Lessee to obtmn financing to constnlct certmn improvements to Lessor's A~rport NOW, THEREFORE, ~n consideration of the mutual promises and agreements contmned in tins Amendment, including the recitals set forth above, the part~es agree as follows 1 Article II, Sectmn E of the Anrport Lease relating to the "Raghts of Mortgagee" ~s hereby amended by repealing the last sentence of Sectwn E and ~n heu thereof adding the terms and conditions set forth ~n the Letter of Understandmg ~dentlfied as Exinint "A", Which is attached hereto and made a part hereof for all purposes 2, This Second Amendment is intended to amend the prows~ons of the A~rport Lease and the F~rst Amendment only to the extent expressly set forth above All of the terms, covenants, prowmons, and conditions set forth in the A~rport Lease and First Amendment are ratified and confirmed except as expressly modified by th~s Second Amendment Tins Agreement shall be blndmg upon and shall mute to the benefit of the respective successors and assigns of Lessor and Lessee IN WITNESS WHEREOF, the parties have executed this Second Amendment as of the ~ day of 0 _~a~C't- , 1998 Page 1 of 2 CITY OF DENTON, LESSOR BY ~',~I,~J/w CITY M]LNAGE~R ATTEST JENNIFER WALTERS, CITY SECRETARY API~eROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY TEXAS AIR CENTER, INC , LESSEE ;f ES W yre "PRESIDENT THE STATE OF TEXAS § COUNTY OF DENTON § Th~s instrument was acknowledged before me on th~s the ,Zd]~ day of--'~_~-~'~-~7~, 1998 by,James W Huff, Jr ~[~,'~ NOTARY PUBLIC [~ _ ~.~1~ STATE OF TEXAS ~ Notar7 ~l~lc, S~'ate of Texas Page 2 of 2 EXHIBIT "A" L£TTER OF UNDERSTANDING · g~a~-~, 1998 Provident Bank 2220 San ~'acinto Denton, Texas 76205 Re Lease Agreement for P~xed Base Operauon Actiwty dated August 30, 1988, as angnded by Agreement dated lune 7, 1994 (as amended, the "Lease') by and between the City of Denton (the "City 9, as lessor, and A~rDenton, Inc, n/Ida Texas Ak Center, Inc ("Lessee"), as lessee Gcntlemun We understand that you, Provident Bank (the "Lender") are proposing to make a loan to Lessee m the amount not to exceed $200,000 00 (the 'Loan') for the purpose of constructing certain unprovements to the real estate that m the leased premises ~tnder thc Lease (the 'Premtses ") and connecting ta:uways Notwithstanding anything to the contrary contmned in the Lease, this letter,shall constitute our agreement and undcrstarlfllng as to the lnterpr~tauon of the Lease in its apphcafion to your nights as Lender I The City represents to the Lender that the Lease is not m default, that the City is thc owner in fee simple of the Prermses, that the Lease descnhed above is the complete lease agreement with regard to the Premises, that the Lease m a valid and bmchng obhgauon of the City, and that the Lcssee has the tight to occupy the Prcnases under the terms of the Lease 2 The City hereby consents to the Loan to be secured by a f~st lien on Lessee's leasehold interest hq the Premises and a first priority security interest m all personal property of Lessee on the Premises (collectively, such liens and security interest, the 'Ltens") The City agrees to subordinate its landlo£d's liens to the Liens of thc Lender 3 In the evem that the City claims a default under the Lease subsequent to the date hereof, the City agrees to send a copy to Lender of any default not,cc that ~s requtred to be sent or Is sent to Lessee 4 In the event that the Lease is canceled pursuant to Article VI, VII or other provisions of thc Lease, thc City agrees to allow thc Lender a period of mxty (60) days following such cancellation (upon the cundmon that the Lender pays the City during such period the monthly rental that would be payable to tbe City had thc Lease not been canceled), to either 0) assume the rights and obligations of lessee under the Lease, (ii) or, without becowm! hable under the Lease, present to the City a rephcement lessee, acceptable to the City m its reasonable approval, for the purpose of reinstating the Lease wath the replaccmem lessce or entenng mw a replacement lease having the same terms for the balance of the lease tcnn In any cvent, the Llcns of the Lender would continue vntmpau~d unlil foreclosed or released by Lender, so lou/as monthly rentals are tunety pead ~. The exercise by Lender of its rights to foreclose any collateral interest in ~he Premises or the property of Lessee shall not, itself, be a default under the Lease 6 To the ext~nt of any core'hot between the terms of tbs Le~er and the terms of the Lease, the City agrees that as to the Lender, the terms of fins Letter shall be controlling 7 Thls letter Is g~ven to assure the Lender as to the mterpretatton of ce~am provlswns affecting the interest of the lMnder, noflung in fins Letter Is intended to confer or shall confer any right or benefit upon Lessee or any thrd party other than Lender If tho above accurately reflects our under~dmg and agreement, please mdwate by below and returning a counterpar~ to the City Smcerely, Ctty of Denton, Texas Agreed and Accepted fins day of~l~st~r, 1998 Provident Bank /~ 'l~ann~ehell, Brane~ l~restdent R~ip~ Acknowl~tged tin~ of ,3, Texas ~lr C~ter, In¢ ~- lames W ~llt.ff, TOTAL P 03 AN ORDINANCE AUTHORIZING THE THIRD AMENDMENT TO AIRPORT LEASE AGREEMENT FOR FIXED BASE OPERATION (FBO) ACTIVITY BETWEEN THE CITY OF DENTON AND TEXAS AIR CENTER, INC, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, certain real property upon the Denton Mumopal Airport was leased to Texas Air Center, Inc, a Texas Corporation, by an Airport Lease Agreement for FBO Activity effective August 30, 1988 and amended on June 7, 1994 and October 6, 1998, and WHEREAS, the City of Denton and the lessee desire to amend the lease agreement again in accordance with Section H of Article IV of the Restated Lease of November 15, 1988, and WHEREAS, the Airport Advisory Board for the City of Denton has recommended approval of the Third Amendment, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the attached Third Amendment to Airport Lease Agreement for FBO Activity between the City of Denton and Texas Air Center, Inc is approved SECTION 2 That the City Manager Is authorized to execute the attached lease amendment on behalf of the City and the City Secretary is directed to affix this ordinance with the executed lease amendment to the Airport Lease Agreement for FBO Activity effective August 30, 1988, inscribing on the original agreement the fact it has been amended and the effective date of this third amendment ~ That this ordinance shall become effective immediately upon its passage and approval JA~ ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY THIRD AMENDMENT TO AIRPORT LEASE AGREEMENT FOR FIXED BASE OPERATING ACTIVITY BETWEEN CITY OF DENTON AND TEXAS AIR CENTER, INC. STATE OF TEXAS § COUNTY OF DENTON § WHEREAS, the TNrd Amendment to Airport Lease Agreement For Fixed Base Operating (FBO) Act~vtty ("Amendment") ts entered into by and between the City of Denton ("Lessor*') and Texas A~r Center, Ine (formerly Air Denton, Inc ) ("Lessee") WHEREAS, on or about August 30, 1988, a lease agreement for FBO Activity ("A~rport Lease") by and between the Lessor and Lessee became effective, and WHEREAS, Lessee and Lessor Restated lease on November 15, 1988 and Lessee and Lessor first amended the Airport Lease on June 7, 1994, adopted a Second Amendment on October 6, 1998 and now desire to amend the Airport Lease agmn in order to comply wxth Sectton H of Article V of the Restated Lease regarding operations of the City's fuel farm at the airport, and WHEREAS, flus Third Amendment will also provide that tenants at the mrport selhng fuel are treated tn a non-discriminatory manner, NOW, THEREFORE, in constderatxon of the mutual promises and agreements contained in flus Amendment, mcludmg the recttals set forth above, the parttes agree as follows I That Artxcle III, Sectton C of the A~rport Lease as prevtously amended relating to "Fuel Fees" is hereby amended by repeahng such Section C and in lieu thereof addang the terms and condlttons set forth xn the Letter dated November 17, 1999 to the attentmn of Jim Huff from Mark Nelson identified as Exhflut "A', wNch ts attached hereto and made a part hereof for all purposes 2 Tlus TNrd Amendment is intended to amend the provtsmns of the Atrpon Lease and the First and Second Amendments thereto only to the extent expressly set forth above All of the terms, covenants, provisions, and condmons set forth tn the A~rport Lease and Fxrst Amendment and Second Amendment are ratified and confirmed except as expressly modified by th~s Thtrd Amendment Thts Agreement shall be binding upon and shall inure to the benefit of the respecttve successors and asstgns of Lessor and Lessee Page I of 2 ~IN WITNESS WHEREOF, the parties have executed this Third Amendment as of the dayof .z~t*P/~/~&~_.,~ff , 1999 CITY OF DENTON, LESSOR BY lgl HAEgW JE/~/~/ CITY M~2NAGI~I~ ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY C/PRESIDENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on this the ~__~_ day of ~ , 1999 by James W Huff, Jr ,,,. ..... ! -~io.l~.u,,u~" Il ' ~ OommJlo~ ~)qzlmm Commmo. dp,res Page 2 of 2 EXHIBII J CITY OF DENTON~ TEXAS DENTON MUNICIPAL AIRPORT TERMINAL BUILDL~ G November 17, 1999 $O00 AIRPORT RD DENTON, TX 76207 Mr J~m Huff, President Texas A~r Center, Inc 5007 Airport Road Denton, Texas 76207 Dear Mr Huff Th~s letter is a follow up to our phone conversation on November, 9 concermng negotiations on the operation of the above ground fuel system and the adjustment of your fuel flowage fee Pursuant to our agreement of May 1998, the lease agreement between the C~ty of Denton and Texas A~r Center, Inc will be amended to reflect the negotmted fuel flowage rate and operating responsibilities of the new fuehng system The mtent of the followmg agreements wfll be mafle to the appropriate seetzons of your lease Texas A~r Center will have the right of regress and egress and use of the fuehng system through August 30, 2019 Texas Atr Center wfll ensure that the fuel level m any tank shall not fall below 2,000 gallons for more than s~xty (60) days Iftbas should occur, the C~ty may take over use of sa~d tank, upon reimbursement for the wholesale cost of fuel then m the tank The fueling system shall be operated m comphance w~th all federal, state, and local regulations Begmmng January I, 2000 Texas Axr Center shall pay the C~ty of Denton s~x percent (6%) of the wholesale price per gallon of fuel dehvered to Texas Air Center Commencing September 1, 2009 and continuing through August 30, 2019, Texas A~r Center shall pay the C~ty of Denton 7% of the wholesale price per gallon of all fuel dehvered to the Lessee Texas A~r Center will ensure that the facility will be maintained m a safe, clean and attractive condition Texas A~r Center shall be responsible for all general mamtanance of saxd fuel farm including, but not hmlted to replacement of fuel filters and hoses, repair and general maintenance of piping and electrical service, repair and general maintenance of pumps, recharge of fire extmgutshers, grass cutting, repairs to peruneter fencing, trash collection and removal Telephones (940) 349-7736 or 349-7702 Fa.~ (940) 383-7289 Web Address' http'/Av~vw dentonmrport corn "Deal, cared to ~uahty Serv,ce" The City of Denton shall be responsible for the replacement of fuel pumps and p~pmg when required due to normal wear and tear Texas Air Center shall be responsible for the replacement of fuel pumps ff it is determined that Texas Air Center's employees or representaUves acted in negligence The City of Denton shall be responsible for registration fees as required by Federal or State agencies The C~ty of Danton shall be responsible for the calibration of meters as required by Federal or State regulations The City of Denton shall reserve adequate land to provide for the future expansion of smd fueling system to an aggregate eapaclty of 40,000 gallons Please review these proposed amendments to ensure that there Is no misunderstanding eoncermng the rights and obhgat~ons of Texas A~r Center, Inc and the City of Denton Th~s mfonnatlon has been submitted to the City Attorney's offine for final rewew The amendment is scheduled for City Council consideration on Tuesday, December 7, 1999 Should you have any questions, please do not hesitate to contact me at 349-7702 Smeerely, Mark Nelson Airport Manager PC Mark Huff, Operations Manager, Texas Air Center Lmda Rathff, Director of Economic Development Next Document 2405L RESOLUTION NO. ~ 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, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the United States Congress has passed the Land and Water Conservation Fund Act of 1965 (Public Law 88-578), auth- orizing 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 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 recezve 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 COUNCIL OF THE CITY OF DENTON SECTION I. That the City Council of the City of Denton heresy 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 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 Executive 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 Evers Park in the City of Denton SECTION V. The City Council hereby specifically authorizes the City officials to make application to the Texas Parks and Wildlife Department concerning the site to be known as Evers Park in the City of Denton for use as a park site That Evers Park is hereby dedicated for public outdoor recreation purposes zn perpetuity. SECTION VI. That Resolution 88-045 is hereby repealed in its entirety. PASSED AND APPROVED by the afftrm~iy? vote~ Council of the City of Denton, on this~day of 1988. s Pm NS, ATTEST APPROVED AS TO FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 2473L RESOLUTION NO ~ A RESOLUTION APPOINTING MEMBERS TO THE NORTH TEXAS HIGHER EDUCATION AUTHORITY, AND DECLARING AN EFFECTIVE DATE. WHEREAS, the term of office for Places 2 and 4 on the Board of Directors of the North Texas Higher Education Authority, Inc., expires September 30, 1987, NOW, THEREFORE BE IT RESOLVED BY THE CITY cOUNCIL OF THE CITY OF DENTON SECTION I. That Mr. Governor Jackson is hereby reappointed to p~ace 2 Oh the Board of Directors of the North Texas Higher Education Authority, Inc. for the term commencing October 1, 1988 and continuing through September 30, 1990. SECTION II. That Ms. Neta stallings is hereby reappointed to Place 4 on the Board of Directors of the North Texas Higher Education Authority, Inc. for the term commencing October 1, 1988 and continuing through September 30, 1990. SECTION III. That this Resolution shall become effective from and after its date of passage. ~ PASSED AND APPROVED this the ~'/day of , 1988. ATTEST. APPROVED AS TO LEGAL FORM. DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 2364L R88 has been amended by R89-014 passed on 3-7-89 Note R88-057 has been amended by R88-074 R89-015 RESOLUTION NO.~ A RESOLUTION ADOPTING THE DENTON DEVELOPMENT PLAN (1988) AND AN APPENDIX A INTERIM INTENSITY BOUNDARY MAP, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton has and expects to contznue to en0oy a pattern of growth and development in the future, and WHEREAS, in response to such growth and development, the communzty formed a Land Use Planning Committee, composed of persons representing a cross section of the community, to address questions of land use planning, development and control, and WHEREAS, as a result of such process, a document titled Denton Development Plan (1988) was created, and WHEREAS, the Plan was presented at various neighborhood meetings and received the widespread support of the community, and WHEREAS, the City Council of the City of Denton, Texas believes that such document should be adopted, used, and followed in the day-to-day decisions concernzng growth and development of the City, and WHEREAS, on August 2, 1988, the City Council appointed a task force to prepare the intensity plannzng area boundaries for Appendix A of the Plan, and WHEREAS, the task force has completed an interim intensity boundary map to be used for zoning requests until the task force has prepared a final Appendix A intensity boundary map lor adoption to the Plan, and WHEREAS, the Planning and Zonzng Commzssion has considered the Denton Development Plan (1988) and the Appendix A interim intensity boundary map and hereby ~ecommends zts adoption by the City Council, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That the Denton Development Plan (1988), a copy of which is attached hereto, is hereby adopted as the compre- hensive land use and development plan ior the Czty to be used in future planning, development and land use decisions in the manner and for the purposes therein stated untzl such time it zs repealed or hereafter amended. SECTION II. That the attached intensity planning area boundary map is hereby adopted as an Appendzx A interim planning map for the Plan, to be used in land use decisions pending the completion by the task force of the final Appendix A map and materials specified by the Plan. SECTION III That the Denton Development Guide, and all amendments thereto, previousl~ adopted by the City council, ia hereby superseded by the Denton Development Plan (1988), as the comprehensive land use a6~ development plan for the City, as herein adopted. SECTION IV. That this resolution shall become effective zmmediately upon its passage and approval PASSED AND APPROVED this~day of~' 1988' ATTEST: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY 2611L RESOLUTION NO. ~ A RESOLUTION ADOPTING THE BOUNDARIES OF MODERATE ACTIVITY CENTER NUMBER 40 AS P~RT OF APPENDIX A OF THE DENTON DEVELOPMENT PLAN, AMENDING THE INTENSITY PLANNING AREA BOUNDARY MAP, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Denton Development Plan requires that the boundaries of the intensity areas to be included zn Appendix A should be considered by the City Council, and WHEREAS, the Appendix A Task Force and the Planning and Zonzng Commission considered the boundaries for Moderate Activity Center Number 40 and hereby recommend its adoption as part of Appendix A, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That the boundaries for Moderate Activity Center Number 40, a copy of which is attached hereto, is adopted as part of Appendix A of the Denton Development Plan. SECTION II. That the intensity planning area boundary map is amended to show the location of Moderate Actzvity Center Number 40 as adopted and to show the corresponding change in the boundaries of the abutting low intensity planning areas. SECTION III. That the City Secretary is hereby directed to attach a copy of this resolution to Resolution 88-057, which provides for the adoption of the Denton Development Plan. SECTION IV. That this resolution shall become effective upon its passage and approval. ~ ~ ~~ PASSED AND APPROVED this the/~// day__of , 1989 ATTEST. AI~ROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY DENTON DEVELOPMENT PLAN POLICIES FOR GROWTH PLANNING AND DEVELOPMENT DEPARTMENT CITY OF DENTON 1988 LAND USE PLANNING COMMITTEE KAREN ABERNATHY EAST DENTON LARRY ALDERSON CITY OF ARGYLE JOE ALFORD CITY COUNCIL GILBERT BERNSTEIN CITIZENS T~FFIC SAFETY SUPPORT COMMISSION NANCY BOYD PUBLIC UTILITIES BOARD EULINE BROCK PLANNING AND ZONING COMMISSION CHUCK CARPENTER DENTON CHAMBER OF COMMERCE MARK CHEW CITY COUNCIL *BILL CLAIBORNE PLANNING AND ZONING COMMISSION *HARRY DOWN DEVELOPERS INTEREST MITCH DUFOUR CITY 0F CORINTH *JIM ENGELSRECHT NORTHWEST DENTON B. B. ESCUE, JR. PLANNING AND ZONING COMMISSION KENNETH FRADY PUBLIC UTILITIES BOARD CHARLES GLASGOW BOARD OF ADJUSTMENT THOMAS HALL HOME AND APARTMENT BUILDERS ASSOCIATION MARIAN HAMILTON NORTHEAST DENTON BESSIE HARDIN EAST DENTON JOHN HARGROVE UNIVERSITY OF NORTH TEXAS RICHARD HAYES SOUTHWEST DENTON -- *VICKI HOLT DENTON INDEPENDENT SCHOOL DISTRICT GARY JUREN PLANNING AND ZONING COMMISSION KAREN KNUTSON SOUTHWEST DENTON BETTY KREPS LEAGUE OF WOMEN VOTERS ROLAND LANEY PUBLIC UTILITIES BOARD *JOHN LAWHON TEXAS WOMAN'S UNIVERSITY MERLIN LEE SOUTHEAST DENTON *LINNIE MCADAMS CITY COUNCIL *TONY RAPOSA DEVELOPERS INTEREST ROBERT RAYNER BOARD OF REALTORS JIM RIDDLESPERGER CITY COUNCIL BETH SCHLAGEL NORTHWEST DENTON TAYLOR STEM NORTHEAST DENTON OLIVE STEPHENS CITY OF SHADY SHORES *J. V. STRANGE DEVELOPERS INTEREST *MITCHELL TURNER SOUTHEAST DENTON CONNIE WELLS COMMUNITY DEVELOPMENT BLOCK GRANT *LAND USE PLANNING COMMITTEE TEAM COORDINATORS CITY COUNCIL RAY STEPHENS, MAYOR LINNIE MCADAMS, MAYOR PRO TEM JIM ALEXANDER HUGH AYER RANDALL BOYD BOB GORTON JANE HOPKINS COUNCIL MEMBERS JULY, 1985 (AT STUDY'S INCEPTION) RICHARD STEWART, MAYOR CHARLES HOPKINS, MAYOR PRO TEM JOE ALMOND MARK CHEW LINNIE MCADAMS JIM RIDDLESPERGER RAy STEPHENS PLANNING AND ZONING COMMISSION BILL CLAIBORNE, CHAIRMAN EULINE BROCK, VICE CHAIRMAN RUBY COLE IVAN GLASSOCK JUDD HOLT WILLIAM KAMMAN ET}iA KIKER COMMISSION MEMBERS - JULY 1985 (AT STUDY'S INCEPTION) BILL CLAIBORNE, CHAIRMAN R. B. ESCUE, JR., VICE CHAIRMAN KEITH APPLETON EULINE BROCK RUBY CO~E GARY JUREN TOM PEARSON EX-OFFICIO MEMBERS LLOYD HARRELL CITY MANAGER DEBRA DRAYOVITCH CITY ATTORNEY RICK SVESLA DEPUTY CITY MANAGER AND EXECUTIVE DIRECTOR FOR ENGINEERING ROBERT NELSON EXECUTIVE DIRECTOR FOR UTILITIES JERRY CLARK CITY ENGINEER STEVE BRINKMAN DIRECTOR OF PARKS AND RECREATION JAY ANDERSON CONTROLLER ROBERT MCGEE SUPERINTENDENT, DENTON INDEPENDENT SCHOOL DISTRICT DONALD WALDEN REGIONAL PLANNING ENGINEER, STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION PROGRAM STAFF FRANK ROBBINS EXECUTIVE DIRECTOR FOR PLANNING AND DEVELOPMENT -- JEFF MEYER FORMER EXECUTIVE DIRECTOR FOR PLANNING AND DEVELOPMENT DAVID ELLISON FORMER ACTING DIRECTOR FOR PLANNING AND DEVELOPMENT STEVE FANNING COMPREHENSIVE PLANNER (PART-TIME) ELIZABETH EVANS PLANNING ADMINISTRATOR HARRY PERSAUD PROGRAM PRINCIPAL PLANNER CECILE CARSON INTENSITY ANALYST DENISE SPIVEY FORMER URBAN PLANNER BARBARA ROSS COMMUNITY DEVELOPMENT COORDINATOR PAUL LEHRER PLANNING TECHNICIAN TECHNICAL ASSISTANCE DAVE HAM DIRECTOR OF WATER/WASTEWATER UTILITIES CHARLIE MCKENNA ENGINEERING TECHNICIAN SUPERVISOR JOE MORRIS ASSISTANT CITY ATTORNEY DAVID SALMON E.I.T. CIVIL ENGINEER CHRIS SMITH ADMINISTRATIVE ASSISTANT, PARKS AND RECREATION SRINI SUNDARMOORTHY CIVIL ENGINEER DENTON DEVELOPMENT PLAN TABLE OF CONTENTS Pa~e PREFACE I, CHAPTER ONE; INTRODUCTION A, Background ......................... B, Purpose ............................ C. Scope ............................... D. Planning Process ....................... 4 E. Major Issues ............................ 6 II. CHAPTER TWO' THE PLAN A Goals and Objectives ................. 9 B. Long Range Plan ........................... 11 III. CHAPTER THREE: DEVELOPMENT POLICIES .. 17 A. Introduction ................... B. Intenszty Area Policies ............ 17 39 C. Housing ................................. 49 D. Transportation ........................ 61 E Economic Development .................... F. Parks and Recreatzon ................... 64 69 G. Urban Design ............................. H. Balanced Growth ..................... 71 I. Compact Growth .......................... 77 IV. CHAPTER FOUR: SPECIFIC AREA POLICIES A. Designation o£ a Spec~£~c Area .. 81 B, The Municipal Airport Area ............ 82 C The Downtown Area ........................ 87 · 88 D. Major Entrance Ways .... iii~' g~ ....... E Teasley Lane/iM 2181/L~ · 89 1-35E .................................... 90 F. Carroll Boulevard .......... G. Land Uses Bordering UNT.~]~i[~..i;i~..[~ 91 H. East Denton ............................... I. Development Near the Pecan Creek Wastewater Treatment Plant .............. 92 3. North Locust/Elm Street ...... Oak-Hickory Historic nistr~ctl]lllllllll~il 93 V, CHAPTER FIVE: IMPLEMENTATION POLICIES AND GUIDELINES A Plan Implementation ........................ 95 B Update Procedure ........................... 101 APPENDIX A: INTENSITY AREA BOUNDARIES AND METHODOLOGY ......................... To be completed 0326k DENTON DEVELOPMENT PLAN LISTS OF MAPS Pave I. MAP SHOWING THE FIVE PLANNING AREAS WITHIN THE GREATER DENTON PhANNING AREA .................. 5 II. CONCEPT MAP ................................... 16 III. NEIGHBORHOOD PRESERVATION MAP ................. 48 IV. LONG RANGE THOROUGHFARE PLAN .................. 53 V. LOCAL MASS TRANSIT SYSTEM ..................... 59 VI. REGIONAL MASS TRANSIT SYSTEM .................. 60 VII. MUNICIPAL AIRPORT AREA: Land Use Concept Map.. 86 PREFACE The Land Use Plann~ng Committee, comprised of thirty-seven members representing the various boards and organizations in the City, developers interest, and neighborhood groups, prepared the Denton Development Plan. Th~ Committee identified and evaluated four alternative scenarios for long range development. I. Current Trends Projectlons Current trends land use development sets out the base line scenario for growth. Th~s option assumes that there w~ll be no new ma]or control of land uses and that current policies will generally serve to determine the location of most land use developments. It provides for the d~spersal and stripping Of commerclal/retall actlvltles along freeways and major arterials ~ncludlng Carroll Boulevard, Fort Worth Dr~ve, Dallas Dr~ve and University Drive. In the short-term this option will promote economic growth but ~n the long-term ~t ~s l~kely to result ~n uncontrolled urban sprawl, higher costs for public services and facilities and the posslble loss of a valuable tax base to the Lake Cities in the southeast. II. Restricted Current Trends This scenario zs s~m~lar to I except that it emphasizes strip commercial along selected -- 1 - cor~ ]ors, i.e., Un~verslt Drive and 1-35E. Traffic projections have shown that the proliferation of commercial/retail developments along 1-35E and University Drive will generate traffic exceeding the planned capacities of these arterials, resulting in extreme congestion. III. 1981 Development Guide Concept With Additional Centers This concept is adopted from the 1981 Development Guide concept map with additional centers in the wider study area. The basic structure provides for three levels of activity centers, the large major activity centers, the moderate activity centers and the small neighborhood service centers. Additional moderate size centers have been added to follow the same general pattern at the intersection of major thoroughfares. _ IV. 1981 Development Guide Concept Plan Th~s scenario is identical to the 1981 concept map. It sets out an organized ana balanced urban form and structure for growth and development. This option provides the opportunity for the Committee to examine the number, size, spacing and function of =he commercial/retail centers. It offers greater benefits in the long-term such as reduced costs for public services and facilities, increased and expanded tax base and greater capacity for mass transit. The Committee rejected current trends and restricted current trends scenarios and selected a plan for balanced growth over the long-term based - ii - on a combination of the final two options. The selected alternative and the concepts, guidelines and policies together provide the basis for the Denton Development Plan to shape the future directions and growth of the c~ty. The Land Use Planning Committee placed a high priority on economic development, quality of l~fe issues and preservation of ex~st~ng neighborhoods. The members also acknowledged the restrzctzve tax base of the City. They recognized that since approximately 13% of benton's developed land is non-taxable, diversified economic development should be emphasized while promoting development in the c~ty. One of the key pollczes of the Plan relates to city-wide balanced growth. The committee felt strongly that public efforts and funding should be expended to promote an equitable distribution of development in all areas of the city as opposed to following growth towards the southeast. The following document contains the policies and goals for Denton to prosper and grow into the twenty-first century. CHAPTER ONE: INTRODUCTION- D~NTON DEVELOPMENT PLAN CHAPTBR ~ iNtRODUCTION The Denton Development Guide was adopted in 1981 and subsequently it has been widely used as a policy framework to promote land use planning and development within the City. The first half decade of the 80's lnltlated a period of rap~d population growth and an increase in development activities. Between 1980-1985 population increased from 48,063 to 61,000, representIng a growth rate of 4.8% annually, compared w~th a low to moderate growth rate of 1.8% per year in the preceding decade 1970-1980. The 1981 Denton Development Guide policy requ~rea a major update every five to ten years. The ma]or update depended on population growth and the extent of' amendments during the precedLng years. In 1985 the City council requested a ma]or update of the 1981 Guide. B. PurDos9 The Denton Development Plan establishes an integrated pollcy framework to direct and manage - 1 - 0326k the long term physical development of the city. The Plan incorporates a statement of Public Policy intended to be used by decision makers, City staff, private development interests, citizens and Public Interest groups as a basis for Informed deczsion making. City staff will use the Plan extensively on a day-=o-day basis in dealing wzth zoning, land su~divlszon, PuAli¢ utllltles and community facilities Planning, capital improvement programs, budgeting and related matters. Persons interested ~n the development of land Within the greater Denton Planning Area are encouraged to read the entire plan. The Plan Pro~ldes the Policies and guzaelines to assist in achieving concept approval of development Proposals. The ~lan's main purpose is to create a foundation for the more detailed functional plans and studies necessary in day-to-day decision making. The use of the Plan includes discussion, negotIations, refinement, re-drafting or commitment to the policies in the consensus planning process. Continuous adherence will facilitate the achievement of the following goals of this plan: 1. Assistance to comprehensive decision making in an integrated Planning Process. 2. Providing a check list to insure that all issues are considered in decision making. 0326k ' 2 3. Encourage and promote coordination, uniformity, and consistency ~n the admlnlstratlon of development policies. 4. Set out policies and guidelines to assist developers ~n obtaining approval from the Planning and Zoning Commission and the C~ty Council. 5. Reduce public cost. The Denton Development Plan fulfills the legal requirements set out under Section 211.004 of the Local Government Code of the State of Texas which states"... (zonlng) regulatlons must be adopted in accordance with a comprehensive plan." The plan also prov%des the bas~s for the C~ty code of ordinances Appendix A, Article 1.01 whlch states that... (The Subdlvlslon and Land Development Regulations)... "shall conform and be properly related to the proposals, policies shown ~n the offlcially adopted master plan(s)," and Appendix B, Artlcle 1 "(The Zoning Regulatlons) have been made ~n accordance wzth a comprehensive plan for the purpose of promotlng the health, safety, morals and general welfare of the C~ty." C. Sco~9 Traditional master plans for cities are essentially f~xed design maps forecastlng land usage at specific locations. These master plans rapidly become outdated and have often been regarded as obstacles to growth rather than guidelines for orderly development. 0326k 3 Alternatavely the Denton Development Plan establishes an ~ntegrated framework for Phys;cal development w~th extensive built-in flexibility. The Plan does not identify site specific land uses. It is more process orlented. The Plan sets out the ooncepts, pollrzes and guidelines to determine the possible land use development on specifio sites. The general goals and objectives of the Plan are contained in Chapter II. The Denton Development Plan covers a study area of approximately 144 square miles. The study area is conszdmred adequate to accommodate urban growth and development to the year 20101. In general the study area is bounded by the Elm Fork Trinity R~ver on the east and extends to the south to ~nclude Port~ons of the City of Corznth and Argyle. On the west ~t follows a line approximately three (3) mzles west of the Denton Municipal Airport and east of and adjacent to the City of Krum. The northern boundary generally follows the watershed between Milam and Clear Creeks and FM 418. The map on page 5 shows the boundaries of the study area. D. ~he Plannln~ Process2 The Denton Development Plan was developed by a thirty-seven member Land Use Planning Committee representing a wide cross section of the Zity. ILand use Analysis 2010. Planning and Development Department, March, 1986, page 24. 2For more details see the Planning Process booklet. Planning and Development Department, C~ty of Denton, March, 1986. 0326k - 4 - MAP SHOWlhG THE FIVE PLANNING AREAS WITHIN THE GREATER DENTON PL~NNINO AREA N NORTHWEST ~-~ NORTH~ST EAST SOUTHWEST ' ¢ ~.~ SOUTHEAST.-- IOUNDARY OF GREATER IENTON PLANNING AREA Planning anal Daveloi3ment Del3artment City of Denton S The =ommLttse ~ncluded .en ne~phborhood representatives and members nominated by major organizations and boards operating ~n the C~ty. The Land Use Planning committee convened twelve workshops between February and November, 1986. The LnLtLal series of workshops concentrated on developing background data and understanding current trends, polLcLes and problems. In these sessions C~t¥ staff presented ~ntroductor¥ workbooks, proJectxons and analyses of population, land use, transportation and public In the later workshops the Land Use Committee worked ~n three separate teams using planning a~ds and large CLty maps to s~mulate possible scenarios fo: land use development to the year 2010. Through the workshops, questxonna~res, and _ discussions, the major lssues and pollcles were developed Lnto three altsrnatLve concept plans. The polLc¥ framework Incorporated ~n th~s Plan represents a composite of the three scenarios. In the flnal stages of the process the Commx=tee nominated nxne team coordxnators who were responsible for preparing the f~nal working draft. The Land Use Planning Comm,=tee ~dent~f~ed slx (6) major ~ssues, wLth related goals and obJectLves, Lntegrated to form the basLs of thLs plan. 0326k - 6 - 1. ~n=ensl=y Concentration ah Standards The ~and Use ~lanning Commm==ee was concerned w~=h =he h~gher land use ~ntenszties devel- opzng zn low ~ntensity areas. The Commz=tse agreed that the ~ntensity pollcies are important to =he "achievement of quality growth in a small town atmosphere." 2. Compact Growth Based on current trends development, the Committme concluded that leap-frog and sprawling development ~ncur hzgher public costs for roads, water, wastewater and com~unz=y facilities, and underutzlization of existing services and infrastruc=ures. 3. Oee of Public ~unds to Encourage Balanced Growth The Committee was concerned with past development in ce=ta£n areas that resulted xn high city development costs. The Committee agreed that publlc funds should be used encourage and promote growth so =hat there is an equitable distribution of development in all areas of the city. The five planning areas are shown on map on page 8. 4. Urban Design The Land Use Plannzng Commit=es iterated the need for urban design standards to enhance character and image of the ~uilt environment. It agreed that the l~ving environment in =he 0326k - 7 - clty can be enhanced la greater emphasls given to architectural design and layout, landscaping, tree and follage preservation, signage and the protectlon of hlstorlc land- marks. 5. Economic Development The Land Use Planning Committee was concerned about the urban economxc base in the greater Denton Planning area. It was agreed that priority be given to developments that strengthen and diversIfy the local economy, resulting in a wider range of employment opportunit~es and thus expanding the tax base of the city. 6. Plan Implementation The CommLttee -emphasized that the Denton Development Plan must be followed consistently, fairly, and positively to promote long-term quality growth and economic development. 0326k - 8 - CHAPTER TWO: THE PLAN A. Goals and Object,yes 'One 'of the major goals of the long range plan to accommodate planned growth to the year 2010. It is recognized that the spatial form and of future growth will determine to a large extent, the quality of l~fe for the citizens of Denton The specific goals and objectives serve =o the basis of the plan to shape the future of the City. The specific goals and objectives of the Denton Development ~lan can be summarized as follows: 1. Provide a framework to encourage support for planned growth as opposed to Promote and encourage balanced growth so that development takes place equitably in all planning areas of the city. 3. Provide opportunities for d~vers~f~ed housing with emphasis on housing for low to moderate income levels. 4. Promote the development of a stable and diversified economic base to generate increasing Job opportunities and a broader tax structure. 5. Encourage the economic utilization of lands the violnity of the mun~clpal 0326k 9 - "romote the development of an urban canter canters in the southeast and central areas. Encourage a spatial pattern of land use development watch reduces the cost of public services and ~nfrastruc=ure. Promote ~n-~ill development within the Loop 288 corridor to secure maximum ut£1£zation of existing services and infrastructure. 9. P=otec=ion of =es~dent£al neigh=or~oods ~=om t~e £ntrusion of incompatl=le land uses, traffic, noise and po~lution. 10. ~mprove the design, i~ge and c~aractsr of the city by preserving ezisting vege~ation and natural topography and encouraging adequate landsca~ing in new developments. _-- 12. Promote land use, diversi~y to encourage housing and community =acilitiee in close proximity to e~loy~ent centers. 13. P=omo=e the development of a land use pattern conducive =o the suaaessful i~ple~entation of 14. promote distribution of land uses resulting 0326k - 10 - 15. Promote and encourage revitalization and redevelopment in the existing Central Business Distr~ct. B. Long Range Plan The long range plan ~s based on desired population and land use to the year 20101. population ~s expected to maintain a compounded annual growth rate of 4% to 1990 and then stabilize at 3% to the year 2010. The population planned for the C~ty and the Greater Denton Planning Area ~s shown ~n Table I. TABLE I: PLANNED POPULATION FOR CITY OF DENTON AND GREATER DENTON PLANNING AREA. 1990-2010. 1985 1990 2000 2010 City of Denton §~'~0 7~'~0 9~'~0 131'~/~0 - Greater Denton $0,500 77,500 105,200 141,500 Planning Area The planned increase in total population to the year 2010 will generate new demands for employment, housing, transportation, shopping, public ut~lities, community services and facilities. These demands have been estimated to determLne land use development and growth requLred to adequately serve the needs of the City in the future. The total projected acreage of new developments by land use categorles for 1990, 2000, 1See Land Use Analys~s 2010, Planning and Development Department, March, 1986. 0326k - 11 - and 2010 is shown in Table II. TABLE II: PLANNED LAND USE GROWTH 1990 - 2010 Ex~st- Figures represent Cumu- Land Use ~ng De- total acres of lat~ve Categories velopedl planned growth Growth Acres ~n Acre~ 1990- 1984 1990 2000 2010 2010 Single ~amily 3,133 907 1,552 2,033 4,492 Mul=x-family 440 129 222 290 641 Commercial 667 243 415 545 1,203 Industrial 317 162 277 363 802 Institutional 1,555 324 554 726 1,604 Transpor=a=zon 567 970 1,270 2,807 and Utilxties 1,859 TOTAL 7,971 2,332 3,990 5,227 11,549 The major features of the long range plan are as _ follows: 1. Population and Size The plan incorporates an area of approximately 144 square miles defined as =he 2010 utility service area and described as the Greater Denton Planning Area in this document. It ~s ~ntended =o accommodate a planned popular=on of 141,500 By the year 2010. Land Use Growth The plan provides the framework and baszs for land use development to meet =he demands for new employment, housing, commercial, social 0326k - 12 - -and public services ana facilities. It 1s projected that the total area of developed lands will be expanded by 11,549 acres to meet demands for new growth to the year 2010. The major goal of the long range plan is to achieve a balanced distribution of developed lands in all five planning areas. 3. Urban Form and Structure The long range plan establishes a network of actiVity centers based on the village concept.2 The general location of these centers are shown on the concept map on page 16. a. Major Activity Centers 1) Urban Centers These are the largest centers strategically located to encourage the concentratLon of commercial, retail, office, light industrial and multi-family housing. These centers are intended to serve as the hub for economic activity and employment. Aocording to the plan, the northwest urban center should be approximately equal in size to the southeast center by the year 2010. 2The village concept is used to descrlbe the relationship between a center and Its service area. The center is the hub for a wide range of activities including commercial/retail, community services, and facilities and employment. This zs where people meet and interact while working, shopping or enjoying leisure activities. 0326k - 13 - 2) Special Purpose Activity Center The plan designates a special purpose actlvzty center ~n the vzc~nlty of the Municipal A~rport. This center ~s ~ntended to encourage the establish- ment of an ~ndustrzal economzc base given the locatzonal advantages of this szte in terms of access to rail, motor and alt transportation. Moderate Act~vzty Centers The plan proposes a number of moderate actLvzty centers emphaszz~ng a wLde dLverszty of land use developments. The moderate activity centers are located about a mxle apart at the ~ntersectxon of and abutting major thoroughfares. They ---- are zntsnded to serve as mln~-town centers wxth mxxsd use developments. c. Low Intenszty Areas Ail the other areas shown on the concept plan and no= zncluded in the centers outlzned above are intended to be used primarily for s~ngle family resxdentlal developments. At the neLghborhood level, the plan ~ncorporates a network of small commerc~al/retall centers with d~rect access to a collector type street or larger thoroughfare. 0326k - 14 - 4. Thoroughfare Network The proposed land use pattern will be served by an updated thoroughfare network. The thoroughfare system has been designed ~o as to provide greater capacities to locatzons which have been deszgnated by the plan to generate long-term hlgher trafflc volumes. 5. 2010 Development Program (A new def~nltlon of need) The phasing of land use developments and scheduling of publlc lnfrastructures and community services and fac~lltles over the plan period zn accordance with the goals, object,yes and policies of this plan will be ~ncorporated ~nto a 2010 czty wide development program. The ~mplementat~on schedule for public infrastructures zs to be used as the bas~s for defining planned needs. The ratzonale for meeting planned needs ~n the short-term will ultimately reduce or eliminate the current perceived needs ~n the long-term. 6. The Greater Denton Planning Area. The scope of the plan covers an area defined as the 2010 utility servzce area which ~ncludes the cztzes of Corznth, H~ckory Creek and part of the city of Argyle. The general objective of the plan ~s to promote physzcal development zn the entire study area but to encourage the priority use of public funds to support znfrastructure development w~th~n the half mile llmzt of the Loop 288. 0326k - 15 - CHAPTER THREE: DEVELOPMENT POLICIES- CHAPTER III: DEVELOPMENT POLICIES A. introduction The development policies in this section deal with lntens%ty area, housing, transportation, economic development, parks and recreation, urban design, balanced growth and compact growth. The policies are both general and specific. The general policies provide a framework for more detailed functional planning (e.g. utility master plan). The spec~flc policies are intended to be implemented in the short term along with all other City wlde poll¢les contalned in the plan. They have been designed to be consistent with and to accelerate the realization of the wider goals and objectxves of the long range plan. B. Intensity Area Policies The zntenszt¥ policies provide a c~ty-wzde framework for promotzng and regulating land use development. The framework zs based on a maxzmum zntensztY allocation for the planning area as a whole. The maxzmum zntenszty allocation conszsts of (1) maximum number and zntenslty of moderate centers; (2) maximum s~ze and number of ma]or activity centers; and, (3) szze and zntenszty of low zntenszty areas. The zntens~ty policies should be g~ven priority ~n all planning actlvlt~es. City staff should use these policies on a day to day basis before applying other city-wide 0326k - 17 - policies in dealing with land use proposals. Thus developers are encouraged to use the following policies and guidelines when preparing land plans. A change in an intensity standard is considered a ma]or decision of the City; therefore, incremental plannlng actlvltles and decisions that will change the ~ntenslty of an area should be referred for an intensity study by the Planning and Zoning Commission. (See Section 6 - Intensity Amendments.) 1. Ma]or Act~vzty Centers a. Purpose and Intent The purpose of designating ma]or activity centers Ks to provlde a policy commitment to a speczf~¢ location in order to: 1) Ensure a commitment to the business community that activities in these areas will be supported by City Government while maklng a commitment to other residents that their neighborhoods and local streets and facilities will not be disrupted by an unplanned major activity center in their neighborhood. 2) Ensure that adequate public infrastructure to support these centers ~s available. Major roads, utilities and other public expenditures should be built and 0326k - 18 - encouraged in this area e~ther through Capital improvement Programs or private funding. 3) ~nsure that the long-rangE plan achieves balanced growth within the City. b. Location The Denton Development Plan identifies four ma]or activity centers in the following areas: 1) 1-35N; Hwy 77; North Loop 288 area 2) Golden Trlangle Mall area to Mayhlll Road 3) A~rport 4) Downtown area c. Spec~flc Center Character~st~cs3 1) Southern Urban Center and Northern Urban Center 3The major activity centers ~n the north, the Golden Triangle Mall, and the downtown area have been designated as urban centers. These centers are intended to provlde a wide range of urban services znclud~ng commercial/retail, personal and professional services and leisure activities to ma]or sections of the C~ty. - 19 - 0326k The Northern and Sou~.~ern Urban Centers are ~ntended to have a commercial and ~ndustr~al emphasls, and to encourage a mixture of employment and high density resmdentlal uses. To promote balanced growth, a ma]or goal of th~s Plan le that the Northern Urban Center be comparable in size, employment, and density to the Southern Urban Center by 2010. 2) Speczal Purpose Actzvlty Center: The airport area is Proposed as the major industrial area in the City due to its access to air, rail, and motor transportatzon (See Chapter IV, Specz£zc Area Polzczes). 3) Central Urban Center: This Plan recognizes the unique aspects of the original downtown area as a speczal purpose h~gh intensity center. A Priority policy of the Plan ls the continued support of the downtown area. As part of a program lnlt~ated by a Central Business Dlstrlct Assoo~atzon, the Czty would support public expendztures in an effort to upgrade and preserve the area. Innovatzve Programs, with emphaszs upon pedestrian traffic within the downtown area while 0326k - 20 - developing perimeter parking should be explored. d. D~vers~ty and H~gh Density ResIdential Land use d~verslty, ~nclud~ng hlgh-denslty housing, should be encouraged but new low density housing should be dlscouraged. Th~s housing w~ll provide a transition to lower ~ntens~ty adjacent areas but also provide transportation balance and energy conservation by having housing in close proxlmzty to lobs and services. e. Low Density Neighborhood Protection Low density residentIal areas on the fringe of these ma]or act~v%ty centers -- should be protected by such measures as ~ntens~ty gradation, strict site design requirements, transportation planning and ~mplementat~on, land use balance and landscaping. Further, traffic planning should ensure that no local reszdent~al streets are utilized for general c~roulat~on to the centers. Development of neighborhood associations and councils are encouraged to further ensure neighborhood protection. 2. Moderate Activity Centers a. Purpose and Intent The purpose of ~dentlfy~ng moderate 0326k - 21 - activity centers parallels many of the purposes d~scussed earlaer for major centers, ~nclud~ng balanced city wade growth. Plannang infrastructure for the lamzted s~ze of these centers helps ensure balanced development in the Clty. b. Location and Size Moderate actavzty centers are located at the ~ntsrsect~on of two przmary arterials and at strateglc locatlons abuttang a freeway and are spaced approxzmately a mlle apart. The general locations of moderate centers are shown on map on page 16. These centers are a maxzmum of 60 acres ~n s~ze. Other centers may be larger or -- smaller or located less than a mzle apart as necessary for specLf~c planning reasons. c. Intensity Standard The intensity standard for moderate act~vzty centers as 350 vehicle trzps per day per gross acre (t/d/ac). A 60 acre moderate center for example w~ll have a total of (60 ac X 350 t/d/ac) 21,000 ~ntens~ty standard. d. D~vers~ty Land use d~vers~ty w~ll be encouraged ~n moderate centers to promote the followzng: 0326k - 22 - A sense of "my part of town" (the village center concept) - Intensity on land use gradation - Transportation/land use balance (reduction of cross-town traffic) - Location of lobs and housing in close proxlm~ty Land use diversity shall be defined as uses other than the dominant land uses in the area such as commercial, retail, light industrIal, and offlce. 1) Bonus The dlvers~ty policy of the Plan wzll gzve Intensity bonuses for mixed land use developments. To meet the -- requirements for a bonus, land for community services or fac~l~tles must be within the 60 acre designated area of a moderate activity center and cannot abut the outer boundary of the center. Land uses that may be considered for granting a bonus area are multl-famlly and other high density housing and community fac~lltles including school, l~brary, fire station, police statlon, park, open space, and other governmental offices. The Planning and Zoning Commlsszon may consider other specific land uses. A developer may qualify for a bonus by 0326k - 23 - putting a community type faclllty or designating a land use for a community facility at or close to the ma]or ~ntersectlon of the moderate node. The formula for calculatlng lntenslty bonuses shall be as follows: Number of acres1 x 3502 plus Number of acres1 x 603 1 = Number of acres designed for governmental offices or community services and faczllt~es 2 ~ Intenszty factor for moderate center 3 ~ Intenslty factor for low lntenszty area The intensity bonus can be used to extend the boundarzes of the moderate center. ~or example, a 5 acre park shall earn a bonus of 2,050 ~ntenslty trips (5 x 350 + 5 x 60). If this ls used to develop multi-family housing at 25 un,ts per acre ~t wzll expand the center by (2,050/2004) 10.25 acres. 4 ~ Un,ts/acre mult~plled by number of trips generated by land use, e.g., multz-famlly generates 8 trips per unit. 0326k - 24 - The developer providing the community facility ls the individual who receives the bonus and the bonus may be an Increase in land or in the Intensity allowed for the developer's land. Commercial/Retail Limits In order to encourage dlverszty in the moderate centers, commerclal/reta%l land uses shall be limited to 1/3 of the total acreage of the center. For example, a 60 acre moderate center can accommodate a maximum of 20 acres of commercial/retail land use. In addltzon, the 1/3 rule shall not apply to a moderate node that has been expanded by a bonus, therefore all lntensltY gained from the bonus may be designated for commercial/retail uses. commercial/retail land uses shall be encouraged in not more than three corners of an intersection that incorporates a moderate center. e. High-DensitY Housing The Plan encourages high-densitY housing, including manufactured housing, in the moderate centers under the following condxtlons: 1) Transition between land uses - 25 - 0326k (see above) 3) At least one access by a pr:mary or secondary after:al with no direct access on a resIdent:al street 4) Limit concentration in moderate node to 750 unLts separated by 1/2 m:le from another concentration 5) Good szte design standards to protect adjacent single family areas, such as ut~l:z~ng large setbacks, landscaped front yards, screening and fences. f. Low Density Neighborhood Housing Protection Low density resident~al areas should be protected by str:ct site deslgn control with setbacks, parking, buffer:ng, and -- landscaping requirements. Further, trafflc ptannlng should ensure that no local resldentlal streets are utlllzed for general c~rculat~on to the high or moderate lntensity developments. g. Str~p Commercial It is the intent of the plan to encourage centers of activities and to discourage str~p commercial development. Th:s will be accomplished by: 1) L:mlting curb cuts 0326k - 26 - 2) Requiring site plan revlew (1.e., parklng, setbacks, etc.) 3) Encouraging diversity on ma]or arterials (commercial nodes broken up by hlgh density housing, offices, etc.) 4) Discouraging unsightly and hazardous strip commercial by requiring s~gn restrlctlons, buffering by greenbelts and/or landscaping 5) Llmltlng amounts of commerclal/retall land use ~n moderate and low ~ntens~ty areas. 3. Low Intensity Areas a. Purpose and Intent Ail areas not designated h~gh or moderate ~ntenslty areas are considered low ~ntens~ty areas. The primary purpose of these areas ~s to ensure the overall land use/transportatlon balance by controlling the overall density and lntenslty. Further, these areas represent primary housing areas ~n the C~ty of Denton. Thus, these areas should emphasize residential use ~nstead of a mixture of resxdent~al and nonresidential. b. Location The general location of these areas ~s shown on the map on page 16. 0326k - 27 - c. $~ze/Intens~ty These areas are planned to correspond to an overall ~ntens~ty policy measured at 60 trips per day per gross acre. The areas should be approximately 640 acres. d. D~vers~ty/Nelghborhood Protection Low density resldent~al, small scattered sites of apartments, and nonresidential uses are encouraged in all areas of the City subject to the following limItatIons: Strict site plan control within 1,600 feet of existing low dens~ty residential areas. Developments must maintain the character of the area with architectural design and -- landscapzng. 2) Traffzc deslgn to ensure that multz-famzly and nonresldent~al uses have access to collectors or larger arterials wzth no dxrect access through residential streets. 3) The overall denszty/~ntens~ty standard ~s not vzolated. 4) Sufficient green space, recreational fac~l~tzes and dIversity of parks are provided. 0326k - 28 - 5) Input ~nto planning by neighborhood associations and councils ~s encouraged. Th~s pollcy ~s ~ntended to generate ~nput and not veto power. e. Non-resldent~al/Reta~l/Multz-Fam~ly Concentration 1) Nelghborhood Servmce Center Nelghborhood service centers are small nodes of nonresmdentmal establmshments 1ntended to offer maanly convenlence goods and services at the neighborhood level. These centers shall be located at least a half male from any other non-resldentlal/retall center. The s~ze of non-residential centers vary from 2 to 5 acres dependang on themr access to a specafac category of thoroughfare. Dmrect access to freeway - 5 acres Dmrect access to pramary or secondary artermal - 3 acres D~rect access to collector street - 2 acres 2) Multl-Famlly Concentrataon Multl-famaly housang as deflned as apartment development w~th denszty of 12 un~ts or more per acre. The s~ze of multl-fam~ly concentration shall 0326k - 29 - vary from 100 to 200 units ~n one location depending on access to a specific category of thoroughfares. Direct access to freeway - 200 units Direct access to primary or secondary arterial - 150 units Direct access to collector street - 100 unlts Multi-family concentrat:ons shall be located at least 1/2 m~le away from the nearest mul:l-famlly concentratlon. f. Manufactured Housing Manufactured housing may be compat~Dle w~=h developments in the low ~ntenslty areas subject to the following conditions: _ 1) The overall zntens~ty standard not to be vzolated 2) No concentration of more than 200 un,ts 3) Access by a collector street or larger 4) Strict slte plan control wlthln 1,600 feet of exlstzng single family reszdent~al 5) Sufficient green space, recreation faczl~t~es, etc. provided Input into plannlng by neighborhood 0326k 30 - g. Str%p Commercial Any form of continuous strip commercial ~s strongly d~scouraged in/or near low ~ntens~ty areas. 4. Intensity Allocation and Calculation As a general planning policy, a specific development should only make use of a proportionate share of the tr~p generation lntenslty allocated for the intensity planning area affected. Th~s policy ~s based upon the ratio of the acreage of the proposed development to the acreage contained w~th~n the intensity planning area ~n which the development ~s located. When maklng a land use dec~slon that affects a low or moderate ~ntens~ty planning area, the trzp generation standard for the planning area must be defined. If the area ls 640 acres and ~t lsa low ~ntens~ty area, then the maximum trips would be 60 t/d/ac X 640 ac or 38,400 t/d/ac. The trlp generation lntenslty used by ex~st~ng development and zoning ~n the planning area should then be calculated. The unallocated capacity of an area can then be determined. If the ~ntens~ty generated ~n the area by the ex~st~ng development and zoning does not exceed the standard, then trzp generation lntenszty is allocated to the proposed development under the general pollcy of 0'326k - 31 - proportionate share. An example is, a 160 acre specific development in a 640 acre low Intensity planning area would be allocated 9,600 trips per day, which is 1/4 of the allotment for the entire area. To compare the general policy with the proposal, the trip generation intensity to be used by the proposed development must be calculated. If the Proposed development does not violate the general policy of intensity allocation, the request would be evaluated in reference to other pollc~es of the Plan. If a specific request violates the general pollcy of proportionate allocation a determination should then De made whether there are plannlng considerations that would warrant approval of a disproportionate allocation of intensity. The Planning and Zoning Commission and City Council should consider the followxng items, but are not limited to these items: a. The locatlon of the proposed development in reference to ex~stlng or proposed public faczlltles, such as streets, water or sewer l~nes, and drainage facilities. In this regard, the C~ty's Master Plan for public facilities should be considered. It may be found to be more desirable, for example, to allocate more trip generation intensity to a proposed development that is adjacent to, or would have convenient access to, existing or Proposed ma]or 0326k - 32 - thoroughfares, ma]or water and sewer lines and drainage facll~t=es. .b. The topography of the land in the planning area and the proposed development. There may be reason to allocate less tr~p generation intensity for a specific property that would otherwise require major mod~flcat~on of natural drainage areas, the removal of large masses of ~=ees, the leveling of hills, and other major topographical modifications to develop. c. The land use in the planning area and surrounding areas. The proposal should be reviewed to determine the compatibility w~th sx~st~ng and potential land uses ~n the area and surrounding area. d. The allocation of tr~P generation %ntenslty %n reference to other policies of the Plan, such as, the protection of olde= neighborhoods and single family housing; diversity of housing; and the concentration of apartments and off,ce/retail s~tes. If the CLty council or the Planning and ZonLng CommLssLon wants to raise the intensity standard for a low or moderate area, the Planning and zoning Comm=ss~on and C~ty council should conduct a special study session, focusing on the ~ntensltY question and the xmpact of changing the Intensity standard. The specific study process shall be - 33 - 0326k determined by the Commasslon o= Council, but the study must examane the ~ntens~ty allocation for the city as a Whole and how that level w~ll be maintained. However, ~f the standard ~s ~ncreased, this action does not mean automatic approval of an ~ndivldual Proposal. In specific areas of left-out lots or where a d~sproport~onate allocation of intensity has already been granted, the Proposed development will be evaluated an reference to the least ~ntense, most logical land use for property in the area. In addition, the effect on the surroundlng planning areas and cOmpatlblllty with other policies of the Plan should be reviewed. Other options that may be considered are changing zoning of vacant higher Intensity Property, expanding the intensity area by reducing the size of an adjacent area, or increasing the standard. However, this should not be interpreted as increasing the maximum intensity allocation. The intent of the allocation policy ~s to maintain an intensity balance in each area so that the ~ntenslty in ~he City is equally distributed. The general policy is to not allow a d~sproportionate share of ~nbens~ty; however, depending on the area and Planning reasons, certain parcels may receive more than a proportionate share. The specific formula for calculating lntensity is located ~n Appendlx A. 0326k - 34 5. Boundary Defln~tlon The boundaries of the ~ntens~ty areas are shown on the concept map ~n general locatzons w~thln the plannlng area. Detailed boundarles are defined ~n Appendix A (a separate document) and on the Intenszty Area Map, as approved by the Planning and Zonlng Commlss~on and adopted by City Counczl. The l~nes for the areas are established by using the following criteria- a. Low Intenszty Areas 1) The Denton Development Plan provides the general location. 2) The model s~ze is 640 acres which -- represents a traditional large nelghborhood. 3) The area should be deflned by loglcal and traditional planning boundarles, %ncludlng ma]or arterials, railroads, natural barriers such as creeks, zoning boundaries, property l~nes (large ownershlp), and s~m~lar boundarles. Some areas of town, however, may not follow tradlt~onal planning boundaries. The neighborhoods may use common faczl~t~es and service areas and may have a hlstory of mutual 0326k - 35 - concerns. Therefore, these areas have a soclo-economlc and physical land use ~nterdependence whlch ~s classlfled by non-traditional boundaries. 4) The ~ntenslty areas are a network; therefore, adjacent areas should be reviewed to lnsure that boundarles are followzng the criteria and not confllctlng wlth the adjacent area meeting the crzter~a. 5) Unique areas which mzght d~stort the lntenszty calculatlon in an area should be evaluated. Generally, areas must be able to absorb urban growth, and some areas should be excluded that would d~stort the lntensl~y of an area. Examples ~nclude ma]or freeways -- and bodles of water. b. Moderate Actlvlty Centers and Major Actlvzty Centers The same crzterza used for determlnlng the low ~ntens~ty area boundaries should be followed except the model szze ls 60 acres. The locatzon of these areas are outllned in the Plan. Loglcal plannlng boundaries should be evaluated to ensure a network exlsts with the adjacent areas. 0326k - 36 - 6. Intensity Amendments As stated in the Introduction to this chapter, "A change in an intensity standard is considered a ma]or decision of the City." Incremental planning activities and/or decisions such as zoning and planning for utllltlest drainage, transportation, and parks which can d~rectly or indirectly change intensity should be reviewed to determine the impact on the intensity of the City. The review process consists of a study session by the Planning and Zoning Commission, a recommendation by the Commission to the City Council, and Council determination of the need for a change in the intensity. The Commission will review requests by petitioners, land owners and staff at study sessions set quarterly. Notice will be provided to the public. If a petitioner or land owner, does not wish to walt until a scheduled study session, the petitioner or land owner must prepare a study contaIning the information below plus any information established as part of the procedures of the Planning and Zoning Commission. a. Intensity analysis of all adjacent intensity areas. b. Impact of proposal on boundaries of adjacent areas. 0526k - 37 c. Effect of this propos== on the overall _ ~ntenslty balance of the City. Intensity areas should be ~dentlfled where ~ntsnslty may be reduced (floodplain, parks, highways, etc.) to offset the lncrease. A study may be necessary to justify the reduction uszng the same cr~terza for the or~gznal proposal. Land use areas where zntens~ty may be used to offset other land use areas are restricted to land uses in the spec~fzc planning area under review and cannot be land uses already accounted for zn the ~ntenslty formula as outlined in the Technical A~pendlx to the Denton Development Plan (a separate document). An Lncrease that would change the overall intensity of the City should not be approved. The s=udy should be submztted to the staff for review. After the staff has revLewed the study, it w~ll be submitted to the Commlsszon. The Planning and Zoning Comm~sazon w~ll then determine zf a speczal study sesszon is in order. The focus of the Planning and Zoning Commlssxon study wzll be on the zntenslty question and the impact of changing an area's xntensxty standard. Other plannxng decxsxons w=ll be consxdered separately from the intensity question. 0326k - 38 - C. Hous~n~ The purpose of the housing policies is to encourage alternative types of housing that respond to the differing economic and individual life-styles of Denton's citizens, protect existing and future neighborhood integrity and ~nsure that the overall c~ty-wlde intensity policy ~s maintained. The following specific policies provide the guidelines for neighborhood protection and housing diversity within the context of the plan's intensity policies. 1. Housing Diversity It ls the policy of this plan that housing diversity be strongly encouraged in Denton as a whole. The policy of housing diversity ~s _ closely related to housing size, density and cost. Houslng density is defined ~n units per acre as low (0-5), medium (6-1ess than 12) and high (12 and over). In strlvlng for the goal of housing diversity, consideration should be given to the following. a. Provide a wide range of housing types la such quantities city-wide and sector-wide that correspond to Denton citizens' financial capabilities and desires for d~ffsrlng l~fe-styles. b. Emphasis should be given to the development of diversified housing ~n all sectors of the city, which also suggests that one housing type should not be 0326k - 39 - concentrated in any o~e sector of the city. This policy will tend to promote balanced growth which provides benefits of balanced land values, better utilization of Infrastructure, more energy efficiency, reduces traffic congestzon and provides a sense of communlty In all areas of the c~ty. c. Dzverszfled housing patterns should be well planned to insure that all neighborhood integrity is maintained. Examples of plannlng 9ollczes are: 1) No type of housing overly concentrated in one area. 2) Good site design trans~tzon between housing types and denszty, greenbelts, houszng density gradation and archztectural deszgn. 3) Transportation design so that higher density housing can be served without flowing through lower density areas. 4) Provide for different modes of transportatlon to be Integrated within and between neighborhoods and actzvlty centers. 5) Create codes and ordinances to promote and encourage the quality of smaller size housing. 0326k - 40 - 2. Houslng Cost and C~ty Regulations Current trends ~n development standards have ~ncreas~ngly added requirements to encourage hlgher quallty housing but in so doing have raised the cost of housing by filtering these costs to the developer and then to the new homeowner. The pollcy of this plan is to reduce the cost of housing by encouraging growth in the low to moderate housing market. For example: a. Allow greater flexlblllty ~n the sltlng of a house on a lot, requ~rzng only a maximum bulldzng coverage, front yard requzrement and f~re separation. b. Provide more flexible lot width and depth _ requirements as long as the m~n~mum lot size %s malntalned. c. Explore and ~mplement houszng development concepts such as town houses or sem~-detached houses sharing a larger recreational and green space. 3. Hzgh Density Housing HLgh denszty housxng ~ncludes apartments and other forms of housing w~th a density of twelve (12) unLts and over per acre. It ~s the policy of th~s plan that high denslty houslng be dispersed throughout the city with lzmlted concentratzon zn any planning area. 0326k - 41 - a. Moderate Activity Centers The plan encourages high density housing ~n the moderate activity centers but l~mxts the size of concentration to 750 un,ts wlth one half mile (1/2) separatlon. (See policies in Section S). b. Low Intensity Areas Individualized s~tes or small areas throughout the C~ty would be permitted only ~f ~t meets as a m~nlmum the following conditions: 1) Direct access to a collector street or larger thoroughfare. 2) Access to pedestrian, bike and public transportatzon (when available). 3) Strict szte design review for all projects within 1,600 feet of existing single family dwellings. The intent 1s to protect existing housing as a priority policy by good transition, screening, open space, landscaped front yards in character w~th neighborhood. This policy does not prohibit multi-family w~thln 1,600 feet of existing single family housxng, but does emphasize proper site planning. 0326k - 42 - 4) Not to exceed the overall ~ntenslty standard. 5) EX~stlng street and other public fac~l~tles are adequate ~ncludlng capacity for all modes of transportatlon. The s~ze of apartment concentration shall vary between 100 and 200 units %n one location, depending on access to a specific category of thoroughfare. (Refer to pollc~es in SeCtion B). 4. Apartments, Recreatzon Faczlltzes and Site ~lannlng It is recognized that mult~-famzly developments place greater strain on communzty recreat%onal facxlztzes. The zntent of thls policy therefore zs to encourage apartment complexes to provzde adequate open space and other recreatzon faczl~t~es to meet the needs of residents. Apartment complexes of forty-five units and over should provzde facilities ~ncludlng, but not llmlted to swzmmxng pool and exercise equipment. 5. Housing and Neighborhood Preservation The intent of these policies as well as numerous other policies throughout th~s plan are ~ntended to preserve our neighborhoods, the backbone of our community. Th~s goal ~s 0326k - 43 - reinforced by current unstable economic _ condItions, dwindling resources, rising housing and energy costs and envIronmental concerns at the federal state and local levels. Therefore, the preservation of our existing housing stock becomes a Przorlty. The following are examples of specific policies: a. Modxfy codes to encourage remodeling of housxng and redevelopment of nexghbor- hoods by providing incentives in taxes and public facilities. This is not intended to provide incentives to ~ndlvlduals or to modify health and safety codes. b. The following general policies are suggested for all neighborhoods, but particularly older neighborhoods: 1) Code enforcement wzll have in older neighborhoods. Neighborhoods wzll be encouraged to Interact wzth the Planning and Zoning Commission, City Council, other Pertinent boards, and City staff. c. SpecLal consideration shall be given for the ProCectlon of older residential neighborhoods which have been improved or have benefited from Community Development Block Grant and szmLlar federal or state expenditures. These areas are specifically defined as follows and shown on map on page 48. 0326k - 44 - 1) Carroll Boulevard/University Drive An area bounded on the south by University Dr~ve, on the east by Bell Avenue, on the north by Coronado Drive, Locust Street, Orr Street and Hlghway 77, and on the west by Carroll Boulevard. 2) Carroll Boulevard/West H~ckory An area bounded on the south by West Hickory, Welch and Sycamore Street, on the east by Carroll Boulevard, on the north by the south property llne of retail and off~ce uses abutting Unlverslty Drive, and on the west by Malone, Scripture and Bonnie Brae. 3) South Carroll/Eagle Dr~ve -- An area bounded on the south by 1-35E, Earl and Greenlee Streets projected along a straight l~ne to Fort Worth Drive, on the east by Fort Worth Dr~ve and South Carroll, on the north by Eagle Dr~ve and on the west by Collier Street. 4) Morse Street/woodrow and Audra Lane An area bounded on the south by Dallas Dr~ve, Duncan, and Kerley Street and the north property l~ne along Shady Oaks Drive, on the east by Woodrow and Audra Lanes, on the north by Wayne and Mozlngo Streets, and on the west by the razlroad, Prairie Street, Avenue R and the rallroad to Dallas Drive. 0326k - 45 - South Carroll/Parkway An area bounded on the south by Parkway Street, on the east by Oakland and Locust Streets, on the north by University and on the west by south Carroll. 6) Oak-Hickory H1storic District An area comprising blocks number 328, 329, 330, 336, 476 and 488 and part of block 475. The boundaries of the H:storlc D~stclct may be amended from =:me to time over the plan period. 7) Additional Areas Other areas may be added from t:me to t:me over the plan per:od. d. In reviewing zoning, su~dlVlSLOn, capital :mprovements and other Proposals, existing nezghborhoods wLll be given cons~deratzon to ensure stabzllty. Compatible redevelopment ~s encouraged, ~ncludzng the przorlty expendzture of public funds over newly expanding areas. Specific review criteria will include: 1) OpgradLng or el~mlna=~ng older de=erlorat~ng structures w~ll be Judged posLtlvely for =he overall neighborhood. 0326k - 46 - 2) Review criteria w~ll consider the ~mpact of proposed development ~n areas adjacent to or nearby ex~st~ng older neighborhoods. Proposed development in nearby neighborhoods should be Judged by the same design and development standards that would be applied ~ the development was proposed ~n the exxstLng neighborhood. Spot Ap&rtments xn Older Nexghborhoods Some older nexghborhoods have been opened up to apartmen% development and there are some unxque parcels that are not suitable for further sxngle famLly development. If h~gher densxty housxng xs to be allowed, then, xt Ls the pollc¥ of thxs plan that ex~stxng s~ngle -- famLly wxll have a prlorxty for preservation. For example: a. Apartments Ln the older neLghborhoods ~n addLtLon to complying wLth the concentra- tion and separation policies of thLs plan should also have strict s~te design standards such as: 1) ~andscaped front yard, setbacks equivalent ~n the adjacent s~ngle No parking ~n front yard of the complex. 3) ~LmLted concentratLon on any one block (two per block as maxLmum guldelLne). 0326k - 47 4) $~de and rear yard solid screening - fences. D. Trans?ortat~on 1. Purpose and Intent The transportatzon system ls the bzndzng for~:e that ties the land use pattern together. La~d use lntenszty and d~str~butzon must be serw~d by a planned transportation system. The ma])r purpose of a long-range thoroughfare plan to znsure that today's zncremental deczszo~s not only respond to today's needs, but al~o contribute towards the long-range Laid Use/Transportatlon balance for the c~ty. T~e des~gnatlon of a center to accommodate h~h ~ntenszty type developments ~n the future w~[1 _ require a commitment now wlth respect to maj)r thoroughfares to serve that center. In deslgnlng the thoroughfare system adequa:e consideration must also be g~ven to ensu:e that commerczal and ~ndustrzal traffic a:e routed through major thoroughfares and allowed to flow through slngle faml[y resldentzal neighborhoods. It ~s the ~nte%t of this plan that Denton's transportatl)n system should react to the community's plan and not have transportation be reactive unplanned growth. 0326k - 49 - 2. L~,~g Range Thoroughfare Plan The long range thoroughfare plan ~s based on a a modified corridor concept with ma]or intensity land uses in three urban centers generally following the Interstate 35 corridor and including the downtown center. The overall basic transportation policy ~s to provide adequate facIlities to meet city wide mobility needs in the future. Th~s includes auto, bike, scooter, pedestrian, and local and regional mass transit. The long-range thoroughfare plan is shown on the map on page 53. The long-range thoroughfare plan is based on the rationale that larger thoroughfares with improved levels of service stimulate increased business activities which in turn generate more traffic. The major objective of the long-range thoroughfare plan therefore is to provide larger thoroughfare capacities (freeway, primary and secondary arterials) to serve the major and moderate activity centers and collector and reszdentlal streets to serve the low intensity areas with predominantly resLdentlal land uses. There are also cases in which a major thoroughfare is needed to connect major sections of the City. 3. Thoroughfare Classxfzcatlon a. Freeway The freeway classification includes the Interstate Highways and the Loop 288. 0326k - 50 It zs the ~ntent of thzs plan to keep Loop 288 as close as posszble to a freewa~ - even though portions of the ex~st~ng Loo~ are not ~n conformance w~th freewa specifications. b. Przmary Arterial These streets transverse the City usuall~ wita a m~n~mum of 120 feet rIght-of-ways, Landscaped boulevards and parkways are preferred, if economically feasible to construct and malntaln. c. Secondary Arterial These streets connect ma]or sections o the city and usually have a m~nlmu: , right-of-way of 80 feet. -- d. Collector Streets These are spec~fled ~n a separate map tha ls updated yearly by the Planning an Zoning Com]~ission and modified as neede by subdivision review of detailed slt plans. Co~lector street design lnclude consideration for all modes of ind~vldua transportation. The location an development of collector streets a~ subject to the following conslderatlons' 1) Collector streets usually have minimum of 60 feet r~ght-of-way. 0326k - 51 - At least one collector street per area between arterials to carry neIghborhood =rafflc to the prlmary and secondary arterials. 3) Collector street (or larger) requlred for hxgher ~ntensity land uses such as apartments, industrial areas, and oommercial areas. 4) As intensity increases, the number of collectors streets increases. Collector streets should not be designed to incrementally link-up to serve as a primary Or secondary arterial. Collectors may be offset at half-mile intervals. This procedure is the same as setting policy to change land use intensity. If such a land use ~ntenslty change desxraDle, this plan should f~rs= changed to so indicate the activity center prior to designating a new arterial on the thoroughfare plan. 4. Curb Cuts a. Loop 288 The long range plan ~s to have controlled access to t~e Loop. Therefore all new developments will not be allowed direct access to the Loop and will be required to have alternative access. Existing developments which have direct access wxll be reviewed w~th the objective of removzng 0326k - 52 - or reallgnlng curd cuts. This policy shall not De used so as to result in a land lock situation when there ~s no other feasible alternative. Primary and Secondary Arterials The prlmary and secondary arterials are ~ntended to serve as ma]or routes to carry h~gh volume traffic. It ~s the policy of this plan therefore to strictly limit the number o~ driveway access to arterial streets. Greater emphas~s should be g~ven to on slte clrculatlon of trafflc in all developments abutting primary and secondary arterials. 5. Thoroughfare Plan Notes a. General 1) Ail exlstlng county roads whlch are not shown as primary and secondary arterials are to be deslgnated as collector streets. In the process of development, these are to be redesigned so that they do not incrementally l~nk up to serve as arterials. However, future functional status of these roads may change therefore, 80 feet of r~ght-of-way would be requlred of all development adjacent to improved county roads. 0526k - 54 - ~n=ens=ty, then the thoroughfare plan for more thoroughfares. 3) The thoroughfare plan ~s based on the long range concep= plan. Any s~gnlflcant variations of the concept plan wxll necessitate the updating of the thoroughfare plan. b. specxfxc (Refer to map on page 53) 1) Terlxngu& Stress w~ll only access onto the ess= bound lane of Loop 288. If may be r~qu~l. 2) Trinity Road w=ll not connect Lakev~ew 8oulevard. 3) Cochin Road w~ll not provide an access 4) To~ Cole Road w~ll be re-routed beaause o~ the flood $) W~ndsor Dr~ve w~ll only access onto the southbound lane on Loop 288 6) Nottingham Road ~s not to be continued to Loop 288. 0326k - 55 - c. North Carroll Boulevard Extension The vital functions of the downtown center demands that ~t has direct access and arterial l~n~age to the north west urban center. Carroll Boulevard as a primary north/south arterial, offers a potentially strong arterlal llnkage to Highway 77. It ls the policy of this plan that Carroll Boulevard should be maintained and improved as a ma]or north/south thoroughfare across the city It ~s further recommended that a detailed trafflc management study be conducted to ~dentify and evaluate all possible alternatives and ~mpacts prior to the ~mplementation of th~s project. d. Bell Avenue -- It is recognized that there ~s a need for a major north/south thoroughfare ~n the east section of the C~ty. However the ~ncreased flow of traffic through Bell Avenue is not in the best interest of the University community. It ~s recommended that a traffic management study be conducted to ldentlfy a new north/south arterial in that part of the C~ty. - 56 - 6. Ma~ Transit It ~s recognized t~a~ mass ~ransl= plays an .~mportant role ~n meeting the overall ~ransportatlon needs of the City in the future. The mass transit policies of the plan are set out as follows. a. Give a high priority to a localized mass transit system which provides easy access to and from all activity areas in the City. The local system shall be designed and laid out so that it complements a regional mass transit system. An internal system showing possible local routes and stops ls incorporated in the map on page 59. Lay the foundation for a regional mass transit system which will connect the C~ty of Denton with Downtown Dallas, the Gallerla area of Dallas, Dallas/Fort Worth Airport, Las Colinas, and the Fort Worth corridor (I-35W). The City shall consider preparing a layout plan which will identify specific sites to be acquired for the implementation of a mass transit system. d. The mass transit system should be integrated with the layout for walking, biking and Jogging. 0326k - 57 - 7. Pedestrian and B~cycle The plan recognizes the need to provide greater opportunities to promote and encourage walking and cycling as ~nd~v~dual modes of transport. A policy recommendatlon of the plan ls that prlorlty be glven to the preparatlon of a master plan for walklng, blklng and ]ogglng paths. The master plan shall ~nclude the followlng guldellnes- a. Sidewalks on both sldes of most streets except: 1) If it w~ll not tie ~nto the 20 year pedestrian plan. 2) In cases of unique subd~vLs~on design which provldes for acreage lots, near pedestrian access. ~. ~edestr~an access to all public and community facilities lncluding commerclal sites and parks, particularly neighborhood parks. c. Inter-connected system of b~k~ng and Jogging trails to l~nk up with facilitles in the parks. 0326k - 58 E. Econ,om~c Development 1. Purpose and Intent The overall policy of the Denton Development Plan 1s to strengthen and diversify the urban economic base to create a w~de range of employment opportunltles and expand the tax Base of the czty. Th~s policy zs ~ntended to attract basic zndustrLes and to encourage ex~st~ng basic lndustr~es to expand locally. Ail buslness establishments which produce goods or servzces at least 51% of which ~s d~rected to serve people outside the C~ty of Denton are considered basic ~ndustr~es. The C~ty may consider development Incentives to attract new _ baszc lndustrles to locate ~n the cz~y and to encourage existing basic ~ndustr~es to expand locally. The guldellnes for determining the type of xncentlves and the specific businesses which may quallfy are glven ~n Sectlon E.3 below. 2. Incentzve Policies Development ~ncent~ves may vary by s~ze and type of establishment and ~ts ~n~al and potential capacity as a generator of employment and other economzc gains. Pr~or~ty may be given to baslc lndustrles which are generally clean and which w~ll make a s~gn~f~cant contribution to employment and c~ty tax base. Incentives may ~nclude but not l~mxted to: 0326k - 61 - a. The C~ty may g~ve assistance with the _ extension of utility services and streets to the proposed s~te. Th~s assistance may ~nclude the waiving or postponement of infrastructure development where this ~s possible. The C~ty may waive the application of Intensity polLcles so as to accommodate the proposed development on a specific site. This waiver should not be interpreted to mean that site planning, urban design or neighborhood protection policies are to be compromised. 3. GuIdelines for Considering Incentives The consideration of %ncentzves shall include but not be limited to the following guidelines. Types of businesses that may be considered for special assistance must first meet all of the following criteria. a. Ail business l~sted in the Standard Industrial Classification (SIC) of the Department of Commerce, except for groups 52-59 under retail trade may be considered for ~ncentlves. b. In order to be considered basic, all businesses or industries must be able to show that at least 51% of their goods or services are directed to serve people outslde the City of Denton. 0326k - 62 - c. Corporate off~ce headquarters of a retailer, manufacturer or distributor including a regional d~str~but~on center may be considered for incentives. Speculative offices or warehouses wlll not qualify. d. When a business or industry meets the criteria listed ~n a, b, or c ~n this section then the City may instigate a public ~nvestment study to determine ~f the City may grant ~ncent~ves. Th~s public study will be based on the followlng: 1. A pre-set, written methodology. 2. A pre-set public investment study group comprised of appropriate City -- staff members and the D~rector of Economic Development for the Denton Chamber of Commerce. If the result of the public investment study shows a posltlve cost/beneflt ratio, then the public investment study group will forward the report to the Plannlng and Zonlng Commlssion with a recommendation that the bus,ness or industry be considered for incentives ~f said incentives are requested by the buszness or lndustry. The Planning and Zonlng Commission wlll act on the report only if the business or 0326k - 63 and Zonlng's recommendation will be forwarded =o =he ClOy Council for ~=s rev%aw and declslon. e. The Planning and Zoning Commzsslon may make recommendations to the City Council on the specific nature and type of ~ncent~ves to Be gLven and the definition of businesses to be included or excluded f. The economic development policies of this plan should not be used in any way to allow certazn land use developments in =he have posxtlve economic benefits. ~. Pa~ks ~nd Rec=ea=~o. i. Pu~cse, and ~ntent The plan recognxzes =he need to provide adequate parks and open spaces for =he cx~zens of Denton for leisure actLvLt~es and to enhance =he qual~=y of l~fe. The general concepts and policies are intended to provzde guxdelxnes for rela=ed land use plannxng and pre~ara=xon of a more de=axled master plan for parks and rec=eatLon. 0326k - 64 - 2. .Park Planning Pol~cles and Guidelines a. Nelgh~)orhood Parks and Open Spaces Nezghborhood parks and open spaces may vary 1n s~ze from 5 to 10 acres and are ~ntended primarily to serve a neighborhood within one half-m~le radlus of the park slte. The general features, location and design criteria for neighborhood parks and open spaces should ~nclude but not be llmlted to the followlng examples. 1) The park should be ~n a central location wlthln the nelghborhood. 2) Emphaszs ~s g~ven to pedestrian access, - ~nclud~ng an ~nterconnected _ system of s~dewalks for the entlre nelghborhood. 3) On-s~te parking ~s prohibited and parking along adjacent streets ~s to be controlled. 4) Recreation and leisure act~vlt~es should be provzded to meet the needs of the neighborhood. League type activities are d~scouraged. Land- scaped open spaces, facilities for picnics, walkways, ]ogglng paths, park benches, and playground equipment including slides and sw~ng sets are to be made available. Facilities for neighborhood gatherlngs, lnclud~ng "book mobile" v~s~ts are encouraged. 0326k - 65 - 5) The nezghborhood parks should play an _ important role in settlng standards for community aesthetics. Their locat%on, design and layout should enhance the quall~y and v~sual amenity of residential neighborhoods. Plantings, sculptured forms, ponds and fountains may be used for ornamentation. Contour%ng surfaces, masonry and other technzques may used to provzde both eye appeal and 6) Nezghborhood parks and open spaces may ~nclude natural areas such as flood plaxns and lakes. 7) Czvzc organxzatxons and nezghborhood assocxatxons are to be encouraged to _ accept the responslbllxty for developing equlppzng and enhancing of neighborhood parks and open spaces. h. Community Parks A communxty park of 30 acres or more is · ntended to serve several neighborhoods of one to two mzles radzus. The general features, locatzon and design criteria for communzty parks should znclude but are no= to be l~mxted to the followzng examples. 1) A central locatzon wlthzn the servzce area. 0326k - 66 - 2) Direct access to a collector or secondary major arterial. 3) Adequate on s:te parking. 4) Des:gned to accommodate D:k:ng and Jogging tra:ls as part of a master plan for walking, b:k:ng and jogg:ng. 5) Provide le:sure and recreation facilities to serve the commun:ty including but not l:m:ted to recreat:on center, swimming pool, athlet:c complex, hard surface play pad, game fields for tennis, footmall soccer and baseball, open space and natural areas for pass:ye recreat:on and facllities for group events. c. GreenBelt/Linear Parks The policy of the plan :s that max:mum utlllzation of flood pla:n areas for parka and open spaces should be encouraged. The general concept :s that there should be a continuous belt of open spaces and park land wlth adequate landscap:ng so as to provide facil:t:es for organized games, picnics, ball f:elds, blke ways, h:king, jogging, and pedestrian trails. The:r general purpose and uses should :nclude but not be limited to the followlng: 032bk - 67 - 1) Provxde na=ural corridors =o connect con=lnuous bel=s of park land. 2) Preserve na=u=al vege=a=xon and =he =opography. 3) P=ovxde a wxde range of recrea=~on and lexsure ~aclll=les, ~ncludlngv open apace for games and pLcn~cs, and mas=er plan. 4) The followLng loca=~ons are recommended: a} Areas along ~ecan Creek eas= of Woodrow Lane to Lake Lew~sv~lle. b) Areas along Hickory Creek from =he Lewxsv~lle. c) Areas ~n the north and northeast along M~lam Creek and Clear Creek ~nclud=ng adjacent areas =o =he d) Lxnear parks ou=sxde =he flood areas w~=h park and open apacea along Carroll Boulevard. 0326k - 68 - e) Areas along Fletcher Creek from Long Rldge to Hlckory Creek. d. School/Park Sites Neighborhood parks and greenbelt parks are to be integrated whenever possible with a school site, enabling the sharing of public facilities such as playground equipment, play areas, parking area, and open spaces. e. Acquisition of Land for Parks and Public Open Spaces Developers may be required to participate in the provision of parkland to meet needs in accordance with the City of Denton -- Parks and Recreation Master Plan. In some cases th~s participation may require the payment of fees in lieu of land. The Parks and Recreation Master Plan should clearly identify potential sites for park land, assisting a developer in determining the location and size of the s~te. 1. Purpose and Intent The plan recognizes the need to encourage and promote a high standard of urban design to improve and enhance the general Image and 0326k 69 - character of =he bull~ environment. The _ overall pol~¢mes are mn=ended =o provmde s framework for Preparing de~a~l plans and ordinances for ~mplemen=a=~on ~n =he shor~ =o medmum ~erm. 2. General pol~cmes a. Protect and ~mprove =he design, ~mage and charac=e= of rea~den=~al neighborhoods. Develop and ma~ntamn a system of pedestrian movement which is convenmen~, safe and pleasant. c. Encourage ~he retention of exls=~ng vegetatLon and dLscourage =he =emoval of s~gn~fLcant =tees. d. Preserve =he varied hls=orlcal, arch,=ecru=al and cultural ~nher~=ance of the ¢~=y of Den=on. e. Encourage and promote developmen~ along ~he entrance ways =ha= w~ll enhance ~he Cltyfs ~mage. Refer =o speclflc policies =n Section D, Chapter 4. 3. Specific pol~c=es a. Ail developments except s~ngle family shall be required ~o provide appropriate landscapLng. Trees shall be preserved whenever possible. 0326k - 70 - c. Developments along entrance ways to the City shall conform to the following: 1) Strzct compllance w~th the s~gn ordznance. 2) Provide attractive landscaped frontages. 3) Require m~nzmal curb cuts with emphaszs on the ~nternal c~rculatlon of traffic on s~te. H. Balanced Growth 1. Purpose and Intent Under current policies the f~nanc~ng of utility services, roads and other publlc faozlztzes tend to follow real or percezved growth ~nstead of responding to planned growth. The Land Use Commzttee recognizes that thls policy contrlbutes to continued growth towards the southeast. Th~s could ultimately result ~n Denton being part of the northern suburbs of Dallas. The Committee felt strongly the current trend policy should be changed to a pollcy that promotes balanced growth. Therefore, the balanced growth policy of thzs plan "when publlc funds or efforts are expended they are to be dxrected towards supporting planned growth. Planned growth xs defined as 0325k - 71 - gr th that responds tc the development polmcles and land use Pa:tern ~n thms document.,, The mn:eh: of :hms polmcy ms to promote an equmtable dmstrmbu:lon of d~velopmen: throughout :he C:ty. The promo::on of balanced growth includes all Public support for development, both monetary and non- monetary. Spec%fmcally, wz:h respect :o Publ:c funds, this pol:cy encompasses the total amount of development funds from all sources, which Ks budgeted, bonded and expended. Equitable d~strmbut~on of development mn all the planning areas should be mnterpreted as equal support for development and no: dollar for dollar expendztures. AS some planning areas develop to capacity, then emphaszs should be g~ven :o budgeting for mazntenance. The f~ve plannmng -- areas are defined zn the map on page 8. The major determinates of where growth locates are as follows: a. Utzl~ty b. Roads c. Publzc Community 0326k - 72 - d. Social Political Factors - It ~s noted that this includes a w~de range of actzv~t~es from personal attitudes to Chamber of Commerce type activities, economic development, special promotions of development ~n a specific area, etc. It ~s recognized that ~n order to promote planned growth, it may be necessary in some cases to d~vert public funding for utilities, roads and other ~nfrastructure to lead development ~n the slow growth areas such as the northwest. However, the ~ntent of the balanced growth policy ~s that such activity be only part of a total program. Therefore, the following guldel~nes are provlded to clarify thls total program ~ntent. - Implementation should be a coordinated program that ~ncludes all of the above growth determinates. Thls suggests that ~mplementat~on of the four growth deter- mlnates should not be ~ndependently or arbitrarily applied. - For example, lust applying it only to roads, without consideration of the other three, would not be following the lntent of th~s policy. In summary, the Land Use Planning Commzttee agreed that the clty should "dare to try" the balanced growth concept and that emphas~s should be g~ven to creat%ve ~mplementatlon techniques based on what can be done as opposed to what cannot be done. 0326k 73 - 2. Ir ementatlon Examples The following examples are given to further clarify the intent of the balanced growth policy. The ~mplementatlon guidelines should not be limited to the examples given. In some circumstances, a Particular example may not be applicable. Emphasis should be given to work out creative implementation techniques to achieve the intent of the policy based on what is practical under specific circumstances. a. Roads and Utilities Implementation Alternatives 1) Bonding capacity should be reserved so as to promote balanced growth in all the planning areas. 2) If any one planning area has utilized -- more than 1ts planned share of funds in the future, then emphasis should be given to the other areas where development is lagging. 3) Incremental fznanc~ng through revenue bonds may be used to Install water and sewer l~nes la accordance with the c~ty master utility plan at the ~lme when a project is Proposed. In this case, the actual cost of the facxlltzes is paid through revenue bonds and all transfer and servzce charges are paid by the developer. 0326k - 74 - 4) Another alternative is to set up reserve contingency funds for each planning area. 5) The city could actually ~nstall ma]or roads and trunk lines for water and sewer in all areas of the city according to applicable master plan. This policy can be used to stimulate development to achieve city wide balanced growth. This pollcy could also be used selectively; ~.e., the airport area and/or northwest Denton. b. Soclal-Polltlcal Program Examples The social-political roles which lnfluence the location of growth w~thln the city ~nclude the activities of the State -- Department of Highways and Public Transportation, the school d~str~ct, the Chamber of Commerce, the County and the C1ty Councll. The following are only examples of alternative strategies which may be used to implement the balanced growth policy: 1) The Planning and Zoning Commlsslon and the City Council may promote spatzal balance in land use developments through the zoning and subdlvlslon process. 0326k - 75 - 2) The school d~str~ct and the Chamber of - Commerce may promote development at the c~ty-~lde level so as to realize an equLtable d~strlbut~on of devel- opment ~n all areas of the c~ty. 3) Neighborhood associations and groups may serve to shape the cal ~nfluences by ~ncreasLng publLc awareness and support fo= public facLl~t~es and growth ~n certaLn areas. 4) EconomLc development staff may promote growth ~n certain areas such as the northwest. 3. Related Polxc~es The balanced growth policy ~s one of the major ---- polxcxes of the Denton Development Plan. The polxcy sets up a framework for encouraging an equitable d~st=lbutlon of development 1n all f~ve planning areas of =he City. The balanced growth policy does not d=scourage development in growth areas of the City. This policy Ls ~ntended for all public ~nfrastructu=es, both f~scal as well as non-f~scal actLv~t~es such as cLty-wLde com~unLty Lnvolvement programs. The follow=ng are some of the related of th~s document whLch are dependent on the successful implementation of the balanced growth concept. 0326k - 76 - a. Compact growth policies are intended to reduce public cost by fully ut~l~zzng publlc lnfrastructures as planned. (See Section I, Chapter III.) b. Economic development policies are geared towards establishing a self sustained economzc base. (See Section E, Chapter III.) c. Houslng pollcles are zntended to encourage dlverslfled housing ~n all areas of the c~ty. (See Sectlon C, Chapter III.) d. Transportation policies are ~ntended tO reduce traffic congestion by encouraging a land use pattern whlch ~s related to the thoroughfare network. (See Section D, Chapter III.) e. The goal for a ma]or urban center ~n the northwest and the original downtown ~s dependent on achlevlng balanced growth. (See Section B, Chapter II.) f. The Achievement of the zntens~ty policies ~s dependent on balanced growth ~n c~ty wide land use pattern. (See Section B, Chapter III.) I. Compact Growth Developments occurrzng more than half a m~le away from ex%stlng roads, water and sewer mains tend to ~ncur h~gher public costs. The compact growth 0326k - 77 - polloy has been designed to corporate future _ growth and development w~th~n close proximity to ex~st~ng puDl~c ~nfrastructures and community facllltles ~ncludlng police, f~re and recreation. In thls way the compact growth policy wlll serve to complement the balanced growth pollcy of this plan. The overall policy of the Denton Development Plan therefore ~s to encourage physical development wlthzn a half mxle llmzt from the existing and proposed Loop 288 as shown on the Thoroughfare Plan. The half mzle llmlt ls deflned by a which zs located generally half a mile outside Loop 288. The ~ntent of the compact growth is to eliminate all public cost for development outside the half mile limit. The following policy examples have been deszgned _ to give an incentive to developers for development -- within the half mile l~mlt. 1. Roads a. W~thln the half mile limit the developer may not be required to pay for off-site roads. The road Ks to be left as ls until developed by the City or adjacent land owners. The ~mplementat~on procedures for this policy will be set out ~n the Subdivision and Land Development Regulations. 0325k - 78 - b. Outsmde the half mmle l~mlt the developer wlll be requlred to pay the actual cost in accordance w~th c~ty specxflcatlons for provxdzng or improving off-site roads to serve the capacity generated by the development. The developer may be further required to post appropriate s~gns to be determzned by the C~ty on roads which are not scheduled for construction or xmprovement ~n ten to twenty years. 2. Utxlltxes a. The C~ty will provide basic trunk lines for water and sewer to serve all areas of the C1ty as determined by the Clty Utility Master Plan. b. The developer shall pay the actual cost of -- extending water and sewer lines from ex~stlng trunk lines to serve their development ~n accordance w~th the City's Utlllty Master Plan. c. For areas within the half mile limit, the Clty wzll part~czpate in oversize costs dependlng on the ava~lablllty of funds. The developer may also benefit from pro rata reimbursement for off-site lines when adjaoent developments tie-on. d. For areas outside the half m~le l~m~t, the developer ~s encouraged to install utzllty 0326k - 79 - - lines in accordance with the City Otlllty Master Plan. In this case the developer will be rel2bursed for the oversize costs on off-site lines as and when developments tie-on. 3. Bxemptlons It ls the intent of this policy that s~all scale low-density single family developments on acreage lots be exempted from the above requirements but these may be assessed Improvement costs in the future. J. Conservation It is the policy of this Plan to emphasize the conservation of energy and natural resources in land use decision making. Detailed policies are -- to be developed to encourage the conservation water, electricity and natural gas. It IS also important to proeote the conservation of good agricultural land, green belts and open spaces. 0326k 80 CHAPTER FOUR: SPECIFIC AREA POLICIES- CHAPTER IV~ SPECIPIC AREA POLICIES A. -Des~nat~on of a Specific Specific a~ea ~polxcxes are ~n~ended ~o provide a framework to promote development ~n a area whxch requxres specxal treatment xn vxew of xts current problems or xts unique locatxon and character. SpecLflc areas may be desxgnated the Cxty Council on the recommendatxon of the Plannxng and ZonLng Commxssxon at any txme over the plan per~od. In desxpnatxng a specxf~c area consxderat~on shall he g~ven to any o£ followxng. 1. An area whxch has a demonstrated need ~or txon: Lncludes hut not lxmx~ed to resxdentlal neighborhoods; h~stor~c landmarks, s~tee o~ _ valuable archLtectural hecLtage~ s=tes related to the coneervatLon of natural resources. 2. An area w~th a promxnent locatLon xn the Cxty whxch needs special =reatment for urban desxgn and heau~lflcatlon such ae se=fence ways and the down,own area. 3. An area which has a specxal problem relatxng bur not l~mited to traffic, noxse, pollutxon, 4. An area wbxch require spec~&l polxcxes order ~o accelerate xts development accordance wxth th~s plan. 0326k - 81 - the following circumstances. a. To cover an ~ndxvzdual property or group of properties so as to confer specLal benefz=s to the owners w~thou= su~stantzal benefits to the C~ty as a whole. b. To v=olate the Lntens~ty area policies. c. To conflict w~th any of the long or short term obJect~ves and pol~cLes of the Denton Developmen~ Plan or other master plans of the Cxty. The Munlc=pa~ A~r~ort A=eA I. Location The Mun~c=pal A~rport Area ~s strategically located wes= of In=ers=are 35N and Inters=ate 35W and south of JLm Christal Road. The area ~s ~ore clearly defLned fo= the purposes of th~s plan by J~m Chris=al Road on the north, the 1-35N and Z-35W on the east, FM 2449 on the south and the proposed Loop 288 on the wea~ sLde. The Fade=al Aviation Admln~a==a=~on classifies the Denton ~un~cIpal A~rpor~ as a Tranapor~ co=rxdors. Ac=Lvxty forecasts show that the 0326k - 82 - total aircraft operatmons are anticmpated to mncrease from 96,300 mn 1985 to 318,198 by the year 20051· 2. Purpose and Intent The Denton Development Plan mdentmf~es the Municipal Amrport area as a special purpose major actmvity center. The ma]or activmty centers in the Plan are ~ntended to serve as nodes for ma]or commercial activitmes, wmth no limit given to land use mntensmty standards As a special purpose major activity center the Municipal Alrport area ls mntended prmmarmly to emphasize the establishment of an ~ndustrial econommc base. M~xed use commercial and high density housing are encouraged mn sumtable areas mn conformity with the land use compatmbillty guidelines set _ out In the Airport Master Plan 1986. 3. Specific Policies a. Thoroughfares The Plan considered the transportatmon needs of the Municipal Airport Area and identified the primary and secondary arterials for future development (see long range thoroughfare map). The Plan assigned the highest prmority to the 1See Airport Master Plan and Environmental Assessment, May 1986, Charles, Wmll~s and Assoczates. 0326k 83 - extension of Masch Branch Road on the east - side of the runway to connect Unlverslty Drive with the 1-35W. The other north/south primary ma]or arterial on the west s~de of the runway to connect Un~vers~ty Dr~ve to ~M 2449 may be con- s~dered for implementation after 1995 to coincide with the construction of the new 4,000 foot runway (see Airport Master Plan). Tom Cole Road may be rerouted as shown on the long range thoroughfare map because of the flood plain west of the airport. The precise location and engineering details are to he established at the time of construction. b. Land Use Development Around The Runway The pollc~ of the plan is that industrial/commercial type land uses may be located to have frontages on the primary arterials and rear access to the runway through separate taxiways. The details relating, but not l~m~ted to site planning, outdoor lighting, building height, eto., shall be in conformity with the Denton Municipal Airport Zoning Regulations. c. Compatible Land Use Development Single family residential developments shall not be allowed In the immediate 0326k - 84 - v~cznlty of the runway, in an area bounded by Jim Christal on the north, Masch Branch - Road extension on the east, FM 2449 on the south, and Tom Cole Road on the west. Mixed land uses including, but not l~m~ted to multi- family, retail, offices, business and professional services, restaurants, hotels, etc. may be developed OUtSide the 65 Ldn (day-nlght sound level) contour prov~dlng that they are in conformity with the Denton Municipal A~rport Zoning Regulations. d. Acquisition of Lands The City shall pursue the acqulsltion of lands required for the future expansIon of the runway and related uses, e.g., clear ZOneS. e. Greenbelt Park The flood plain areas along H~ckory Creek are to be developed into a llnear greenbelt park. The location and layout of the park will be determlned by the Master Plan for Parks and Recreation. 0326k - 85 'C. The Downtown Area - The Downtown area has been identified as the central urban center and one of four ma]or act~v%tY centers. (Described ~n Section C, Chapter 4 of this Plan.) The area ~s delineated and shown on the Clty of Denton zonlng d~str~ct map as the Central Business Dlstrlct (CB). The Downtown center could lose ~ts v~Drance and relative attractiveness as new commercial/retail centers develop in other locations. The policy of th~s Plan therefore ~s to promote redevelopment and revitalization of the downtown center to retain and expand the tax base. As part of this policy the City should continue to support public expenditures in an effort to upgrade and preserve the downtown center. It is recommended that a detailed study be done to e~plore further planning efforts and possible development incentives to encourage and promote the growth of a vibrant mixed use center downtown. The following policies are intended to guide land use decision making and serve as guidelines for the performance of a Downtown Master Plan. 1. The City will be responsible depending on the availability of funds, for the upgrading of public infrastructures including streets, water and sewer lines to meet the needs of redevelopment and expansion of existing uses. 2. Promote the expansion and redevelopment of existing buildings for mixed uses ~ncludlng - 87 - r .a~l, offices and h~gh de, ity housing. 3. Encourage and support the active participation of the Central BUsiness District Association in land use decision making and plan formulation for the Downtown center. 4. Promote and expand facll~ties for off-street parking. 5. Encourage and provide facilitzes to ~ncrease pedestrian&zation in the Downtown center. 6. Preserve the historic character by retaining the existing building facades. D. Ma~or Entrance The major entrance ways are those freeways and primary arterials Predominantly used by incomlng traffic ~nto the City of Denton, 1-35 North, 1-35 West, 1-35 East, U.S. Highway 77 (Old Sanger Road), WM 2164 (Locust Drive), FM 428 (Sherman Drlve), Loop 188, PM 2181 (Teasley Lane), Dallas Drive (U.S. Highway 77), Bonnie Brae Street, U.S. Highway 377 (Fort Worth Drive), ~M 1830 (Country Club Road), Mayhill Road, Oak Street, and Hickory Street. Developments along major entrance ways Present the first impressions of the City to the public eye. The policy of this Plan therefore is to encourage and promote good urban design to enhance the aesthetic quality and visual amenities along entrance ways. The following specific guidelines are required. 0326k 88 - 1. Development proposals should be reviewed to ensure adequate compliance with standards and requirements ~ncludlng but not limited to: a. Front yard setbacks b. Buildlng coverage c. Landscaping d. Signage e. Curb~ cuts f. Off-street parking g. Design and construction of facade h. Pedestrian access 2. Promote integrated site design and layout which considers adjacent tracts of land w~th emphasis given to internal czrculation as opposed to continuous strlp development. E. Teas~e~ Lane/FM 2181/Lillian Miller/Hobson Lane/ 1-35E Given the promlnence of the South East Planning Area and the thoroughfare network in that sector there are likely to be pressures to locate high to moderate intensity land uses along Teasley Lane, FM 2181, Lillian Miller Parkway, Hobson Lane, 1-35E, and between Loop 288 and Lilllan Miller. These pressures are likely to increase as FM 2181 is developed as a primary arterial and extended 0326k - 89 - furthe= south to ultimately con~.ect w~th the DFW - A~rport (Se~ County Transportation Plan). The policy of th~s Plan therefore ~s to restrlct the further ~ntrus~on of h~gh and moderate ~ntens~ty land uses ~n this area. L~mited neighborhood services and high density housing consistent wlth the standards for a low lntenslty area, ars not prohibited. The following specific guidelines are required. 1. The neighborhood density/intensity standards should De closely monitored and vigorously lmplemented. 2. Restrict curb cuts to Teasley Lane, FM 2181, Lillian Miller, and Hobson Lane. 3. Residential subdivisions should be generally _ designed so houses do not face onto ma]or thoroughfares. These should access onto local and collector streets. 4. Through traffic to and from the DFW Airport along FM 2181 should be discouraged on that portion north of the proposed Loop 288. The intent is to protect the single family neighborhoods zn the southeast area. For sxample, the creation of a moderats node at FM 2181 and the Loop 288 without offsetting FM 2499 will be in direct conflict with this policy. F. Carroll Boulevard Carroll Boulevard is a primary major arterial 0326k - 90 - provld~ng for the north/south movement of trafflc through the Downtown area. The policy of ~hls Plan therefore ~s to restrict further strip commercial/retail developments along Carroll Boulevard. The following specific pollcy guldellnes are recommended. Duplexes and small scale mul=i-famlly and off~ce developments shall be encouraged in selected nodes subject to the followlng conditions. 1. Site design to protect adjacent single family housing requiring screening fences, large setbacks, landscaping and sign control. Restrict further curb cuts to m~nimzze the disruption of through traffic on Carroll. Site design and layout should ensure off-street parking and on-site c~rculat~on of traffic. 3. Participation from residents shall De encouraged in the plattzng and zoning process. G. Land Use Borderin~ Unxvers,t~ of North Texas Over the yea~s there have been increased pressures from comme~cial and multi-family developments to locate in areas around the University of North Texas. Resulting in higher intenslty type land uses located ~n traditional s~ngle family neighborhoods. The specific policies of the Denton Development Plan are as follows. - 91 1. In he future development ,f these areas _ consideration may be given to the unIversity,s master plan, insofar as these are consistent wlth tbe objectives and 9olicies of the Denton Development Plan. ensure that land use changes take place in harmony with and offer adequate protection to existing neighborhoods. 3. Neighborhood partzcipation shall be encouraged in the land use decision making process. H. East Denton This close-in older neighborhood offers many advantages for residential development, as evidenced by the recent and continuing _ concentrated public expenditures in the area from -- Capital Improvements Program and Community Development Block Grant funds. The followIng specific policies are recommended for the area: 1. The policy to protect older neighborhoods is given special emphasis in tbls area. Industrial development adjacent to th~s neighborhood to the south and east Ls to be monitored closely. Specifically, industrial development will De limited to the area east of Woodrow Lane. 0326k - 92 - Development Near the Pecan Creek Wastewater _Treatment Plant Additional residential development will not be zoned within 2,500 feet of the Wastewater Treatment Plant. Residential development w~ll be generally restricted between 2,500 feet and 4,000 feet from the Plant. The area w~thln 2,500 feet of the Wastewater Treatment Plant will be utilized for industrial purposes, preferably ~ndustrles that could utilize the effluent from the Plant as cooling water or other processes requiring lower quality water. J. North Locust/Elm Street The area between north Locust and Elm Streets from Congress Street north to University Drive contains traditional single family housing worthy of preservation. The policy of this Plan therefore is to promote the preservation of the architectural character of this neighborhood. K. Oak-Hlckpr~ Historic District The Oak-Hickory HiStOriC District Includes all of the area on the north side of Oak Street from 610 W. Oak, west to the intersection of Oak and Fulton Streets; the south side of Oak Street from 609 W. Oak to the intersection of West Oak and Welch Streets; north side of Hickory Street from the intersection of Hickory and Welch ko the intersection of Hickory and Williams Streets; the east side of Denton Street from the ~ntersection of Denton and Oak Streets to the intersection of Denton and Pearl Streets; the south side of Pearl 0326k - 93 - Street rom 607 Pearl west to t ~nte=sect~on of _ Pearl and Denton St=eats. The ~verall policy of this Plan is to support the preservation of the dist~nctLve ar¢~itec=u.~al and cultural heritage existing ~n t~s area. The exLst~ng and proposed developments ~n the H~storic enforced. CHAPTER FIVE: IMPLEMENTATION POLICIES AND GUIDELINES - CHAPTER V: IMPLEMENTATION POLICIES AND GUIDELINES A. Plan Implementa=~on An offlc~al C~ty plan ~s only as good as zmplementat~on processes. The following policies are intended to promote the positive and consistent ~mplem~ntat~on of the Denton Development Plan as the official development policies of the City of Denton. 1. C~t~zen Participation The plan recognizes the need for providing on-going neighborhood ~mprovement as well as ~nput of all czt~zens ~nto land use decisions made by the various c~ty departments, boards, and the Czty Counczl. In addltxon to the formal clty-w~de study commzt~ees, ~t ~s also recognized that continuing local neighborhood self-help associations are important for the continued mazntenance of vzable neighborhoods. However, ~ndlvldual neighborhood problems are often ~ntertwlned w~th adjacent neighborhoods and the czty as a whole. Dzverse sections of the community need to share in common facilities and mutual problems. To consider C~ty-w~de zssues whxle addressing ~mmed~ate local neighborhood needs, the following process ~s recommended for organizing neighborhood assoczatLons: a. Neighborhoods define themselves and establish nezghborhood associations; 0326k - 95 - ~e~gh~orhoods cluster themselves ~nto communl~es and establish associations made up of representatives of the neighborhood groups. On a continuing basis, these associations could address zssues relating but not l~mzted to the following: 1) Protection and maintenance of ~nd=v~dual and community property 2) Crime and fire preventzon 3) Assess needs for and plan for basic l~fe-suppo=t se:v~css wxth~n or ad]acent to each neighborhood or community unLt (~.e. food, health, facilities schools, child care -- centers, housing d~verslty and densLt¥, etc.) 4) Assess needs ~or recreational, open space, agricultural, and park Establish cooperative methods of conservxng energy such as garden or food co-ope, car o= van poolxng, talent pools, etc. 6) Assess multL-mode transportation needs and These neighborhood associations would provide a catalyst for nelgh~orhood - 9~ - improvements, a means for ensuring dialogue between neighborhoods and C~ty decision makers, and a source for select~on of future City cross-sectional study committees. Public Education The Policy of the Denton Development Plan ~s to encourage citizens inputs Into the land use decision making process. It ~s recommended therefore that future support for on-going studies and education of the public ~s reflected in budget and policy decisions of the City Council. 3. Implementation a. 2010 General CIP Schedule The 2010 general development program will be created as the priority supporting policy guide to th~s plan. This program will incorporate the phasing of land use developments and scheduling of public infrastructures and community services and facilities in accordance with the goals, objectives, and policles of this plan. The program is to be prepared on the basis of the land use plan and the need to promote an equitable distribution of development in all areas of the City. It will set out the needs for water, sewer, streets, sidewalks, curb, drainage, transportation, parks, recreational open space, ed~catlonal, fire, police, library, and other community services and - 97 facilities for which the C~=y may ultimately assume responsibility for maintenance and operation. The ~mplementat~on schedule w~ll serve to define and identify planned needs fo= the City as a whole. It will provide the the short term CiP program. In other words, the definition of needs fo= project ~mplementstlon w~ll be based on the plan as opposed to traffic congestion and utility overloads. The 2010 gene=al development program ~s to be forwarded to the City Council for adoption and updated with =he Denton Development plan every five years. b. Intensity The appendix to the Denton Development Plan will ~ncorporate the technical analyses and details of =he intensity areas Including locatLons of boundarxes. It is recommended that =his appendix be Initially developed by a committee composing similar to the following; =he Planning and Zoning Commission, the Land Use Planning Committee team captains and plannang areas. The appendix will be approved and updated by the Planning and Zoning Commission and the City Council ~n accovdance with the update procedures set out ~n the Denton Development Plan. 0326k - 98 - c. Integrated Decision Making It lS intended that the City Council, the Planning and Zoning Commission, Advzsory Boards, City staff and the citizens of Denton will incorporate the policies of this plan in the decision making processes including the capital improvement program, budget ~ormulatlon, zoning and land subdLvlslon, and parks and utility planning. d. Consistent Administration It 1s also intended that decision makers, City staff, private development in- terests, citizens and public interest groups will work towards the consistent, equitable and coordinated application and -- admLnlstratlon of the policies of this plan, e. Updating Codes The City will continue to monitor, improve, and update the policies of this plan and the codes and ordinances which support its implementation. Adequate consideration shall be given to preserve a positive climate for investment and securing real property values balanced wlth the public interest for the City as a whole. The following guidelines are reoommended: 0326k - 99 - 1) Ma]or changes whlch affect the _ exlstlng use rights of real 9roperty may be subject to a grandfather clause allowzng property owners a reasonable tzme to carry out development ~n accordance wxth exzst~ng policies. Major changes ~n the context of th~s policy shall not ~nclude supportive codes and ordinances whzch may set new and addxtlonal requirements for a spec~fzc type of development or for a specLflc local area, e.g. tree preservatxon and landscaping requlrements would not materzally affect exzs~ng use r~ghts. Therefore, these shall not be conszdered major changes. 2) Major pol~czes, codes and ordinances -- ~n th~s plan should Be allowed to gain experzence before any attempt zs made to change them substantzally. The requirements for off-sate infra- structure costs ~s an example of a major policy. Too many and too frequent changes zn major polzczes may affect the confidence of property owners and ~nvestors. Less changes conversely could provide for greater stabLl~ty, confzdence, and credi- bility whxch wzll serve as a booster to the local economic development effort. 0326k - 100 B. Update Procedure 1. Update Dally Along With Related Decisions (Zoning, Subdivisions, etc.) Staff Summary Reports The staff report on all City Council/Planning and Zoning CommIssion decision items shall clearly relate alternative decisions with lmpact on appropriate pollcles ~n the plan. a. If a decision indicates a corresponding policy change is required in the plan, then: 1) The staff is required to draft a modified pollcy change and present it to the quarterly study session of the -- scheduled Planning and Zoning CommLsalon. 2) The City Council will make final review of a potential policy change and incorporate said change in the plan. b. Any Plannzng and Zoning Commissioner or C~ty Council Member may present a proposed policy change whether or not a pending or recent Land Use decision has been made. The proposed change is forwarded to the Plannlng and Zoning Commission for its review and recommendation to the Clty Counczl. 0326k - 101 2. Ye ly Policy Re-AdoptIon a. In July the entlre plan ls placed on the Plannlng and Zonlng Commzsslon Agenda for recommended m~nor mod~fzcatzon or re-adoptlon. After study, the 91annlng and Zoning Comm~sszon ~s required to forward a recommendation to the C~ty Counczl at zts second meeting ~n October. b. The CLty CouncL1 will accept the Planning and Zon=ng Commzsszon recommendatLon or modify the policies and adopt the plan as a policy document for the upcoming year. 3. General Polzcy for Major Update ThLs plan ~s to be updated approxLmately every f~ve to ten years. _ a. Update dependent upon: 1) Populatzon Growth 2) Extent of amendments during preceding years (more amendments--more need for general update) The process for updatzng the plan wzll be de=ermzned durzng ~ts annual evaluatzon. 0326k - 102 - 2611L RESOLUTION NO. ~ A RESOLUTION ADOPTING THE BOUNDARIES OF MODERATE ACTIVITY CENTER NUMBER 78 AS PART OF APPENDIX A OF THE DENTON DEVELOPMENT PLAN, AMENDING THE INTENSITY PLANNING AREA BOUNDARY MAP, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Denton Development Plan requires that the boundaries of the intensity areas to be included in Appendix A should be considered by the City Council, and WHEREAS, the Appendix A Task Force and the Planning and Zoning Commission considered the boundaries for Moderate Activity Center Number 78 and hereby recommend its adoption as part of Appendix A, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES' SECTION I. That the boundaries for Moderate Activity Center Numbe9 78, a copy of which is attached hereto, is adopted as part of Appendix A of the Denton Development Plan. SECTION II. That the intensity planning area boundary map is amended to show the location of Moderate Activity Center Number 78 as adopted and to show the corresponding change in the boundaries of the abutting low intensity planning areas. SECTION III. That the City Secretary is hereby directed to attach a copy of this resolution to Resolution 88-057, which provides for the adoption of the Denton Development Plan SECTION IV. That this resolution shall become effective upon its passage and approval. ~ ~ PASSED AND APPROVED this the day of , 1989. ATTEST' APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY PO-6 PI AREA ~79 sF-mo MODERATE , , ACTIVITY I I CENTER ~78 ~ ~-I0 I -------. ~ ~ S-192 I I A A r---"-"----- 2548L RESOLUTION NO. ~_~o~ A RESOLUTION ADOPTING THE TECHNICAL ANALYSIS AND INTENSITY CALCULATION FOR AREA NO. 41 AS PART OF APPENDIX A OF THE DENTON DEVELOPMENT PLAN, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Denton Development Plan requires that the technical analysis and intensity calculations to be included in Appendix A should be considered by the City Council, and WHEREAS, the Appendix A Task Force and the Planning and Zoning Commission considered the technical analysis and the intensity calculations for Area No. 41 and hereby recommend its adoption as part of Appendix A, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That the technical analysis and intensity calcula- tions of Area No. 41, a copy of which is attached hereto, is adopted as part of Appendix A of the Denton Development Plan. SECTION II. That the City Secretary is hereby directed to attach a copy of this resolution to Resolution 88-057, which provides for the adoption of the Denton Development Plan SECTION III. That this resolution shall become effective upon its passage and approval. PASSED AND APPROVED this the /~day of ~, 1988. ATTEST: FER ~AL"rERS, CITY SECRETAR APPROVED AS TO LEGAL FORM. DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY LAND USE MANAGEMENT INFORMATION SYSTEM PLANNING AND DEVELOPMENT DEPARTMENT CITY OF DENTON Intensity area # 41 Type LOW Intensity trips/Ac 60 Traffic survey zones 5542 Boundary Description North M~n9o Flshtrap Road South University Orlve Date: 10/20/88 East. Coillns Road West. Cooper Creek Road LAN0 USE EXISTING LAND USE CURRENT ZONING PLANNED DEVELOPNENTS CATEGORY UN[TS ACRES INTENSITY ACRES INTENSITY ACRES UNITS INTENSITY SF-16 < 22 18 12 220 0 0 0 0 0 SF-10>15 0 0 0 0 0 0 0 0 SF-7>IO 0 0 0 O 0 O 0 0 LESS SF-7 0 0 0 0 O 0 0 '0 MOS.HONES 27 5.68 270 O 0 11 5 100 1000 DUPLEX 0 0 0 0 0 0 0 0 MF-R 0 0 0 0 0 0 0 0 MF-I&2 0 0 0 0 0 0 0 0 CON/RET 0 7.12 4628 0 6 390 2.01 0 1306 5 OFF[CE 0 O 0 0 0 0 0 0 INDUSTRY 0 5.36 562.8 113 08 11870.25 0 0 0 INSTI'NAL 0 0 0 0 0 0 0 0 PARKS 0 0 0 0 0 0 0 0 R/O/SPACE 0 0 O 0 0 0 0 0 TRANSPORT 0 29.74 0 0 0 0 0 0 AGRIC. 0 0 0 91.38 0 0 0 0 VACANT* 0 329.75 0 111.21 0 0 0 0 TOTAL 49 395.76 5681 318.24 12260 13.51 100 2307 INTENSITY CALCULATIONS (A) Extstlng Land Use (1) Intensity area tote1 tripe 395.75 times 60 23745 (2) Trtps allocated to extsttng land use 5681 (3) Trips allocated to vacant lands 329.75 times 60 19785 (4) Estimated unelloc&ted Intensity trips (1)mtnue (2)+(3) -1721 (5) Percentage of Intensity trtps allocated 107 (B) Current zontng (1) Intensity area tot&l tripe 395.75 times 60 23748 (2) Trips allocated to extsttng land uae 5681 (3) Trtps allocated to current zo~tng (1nc1. planned develol~nenta) 14557 (4) Trtps allocated to vacant 1at, ds not zoned plus Agrlc. zoning 12155 (5) Estimated unalloceted intensity trips 1)minus(2)+(3)+(4) -8658 (6) Percentage of Intensity trips allocated 135 *Vacant areas outside ctty 11mtts wtth no zoning (Ace) 111 21 2611L RESOLUTION NO. ~ A RESOLUTION ADOPTING THE BOUNDARIES OF MODERATE ACTIVITY CENTER NUMBER 76 AS PART OF APPENDIX A OF THE DENTON DEVELOPMENT PLAN, AMENDING THE INTENSITY PLANNING AREA BOUNDARY MAP, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Denton Development Plan requires that the boundaries o f the intensity areas to be included in Appendix A should be considered by the City Council, and WHEREAS, the Appendix A Task Force and the Planning and Zoning Commission considered the boundaries for Moderate Activity Center Number 76 and hereby recommend its adoption as pert of Appendix A, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES' SECTION I. That the boundaries for Moderate Activity Center Number 76, a copy of which is attached hereto, is adopted as part of Appendix A of the Denton Development Plan. SECTION II. That the intensity planning area boundary map is amended to show the location of Moderate Activity Center Number 76 as adopted and to show the corresponding change in the boundaries of the abutting low intensity planning areas. SECTION III. That the City Secretary is hereby directed to attach a copy of this resolution to Resolution 88-057, which provides for the adoption of the Denton Development Plan. SECTION IV. That this resolution shall become effective upon its passage and approval. PASSED AND APPROVED this the ~day of ~~_, 1989 ATTEST: ~IFER~ALTERS; CITY RETAR¥ A~PROVED AS TO LEGAL FOBM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY t , I , I ' I i '~1 ' I ~- ..... ~ '~(-.",: .... "''"!, / I r- .......L'._,.J" ?'""'"~,_.J " ...... ,I I I - -,""-'~'~ ~., ,. i '-'--,r----~ ~ 1_.__.__.__. I '- '"' ! ACTIVITY "°1 O o I ltd I- AREA ' I I I I I I ~r .... "~ II II I \ , 2474L RESOLUTION NO. ~ A RESOLUTION APPROVING BUDGET ADJUSTMENTS FOR FISCAL YEAR 1987-88, AND DECLARING AN EFFECTIVE DATE. SECTION I. The budget ad3ustments, as indicated on Exhibit "A", attached hereto and included by reference herein, for the fiscal year 1987-88 are hereby, in all things, approved and ratified. SECTION II. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the~day of~ 1988. ATTEST: APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY EXHIBIT A GENERAL FUND BUDGET ADJUSTHENT FISCAL YEAR 1987-88 BUDGET TRANSFER HODIFIEO DEPARTHENT 1987-88 AHOUNT BUDGET GENERAL GOVERNNENT 445,950 0 445,950 LEGAL ADNINISTRAT[ON 324,158 0 324,156 NUNICIPAL CT JUDGE 104,420 (9,248) 95,172 PLANNING 393,359 0 393,359 0 0 0 FINANCE ADNINISTRATION 254,191 0 254,191 PURCHASING 202,855 0 202,865 CUSTONER SERVICE 799,238 (34,000) 785,238 TREASURY 147,489 0 147,489 ACCOUNTING 322,965 (17,000) 305,965 TAX 60,566 0 60,566 HUN[CIPAL COURT 173,530 9,248 182,778 0 0 0 NUNICIPAL SERVICES 159,864 (20,000) 139,854 OP ANALYSIS 83,585 0 83,585 PERSONNEL 348,302 0 348,302 WORD PROCESSING 179,427 0 179,427 DATA PROCESSING 730,352 0 730,352 BUILDING OPERATIONS 716,320 0 715,320 PARKS ADHINISTRAT[ON 214,454 0 214,454 RECREAT[ON 741,245 0 741,245 NAINTENANCE 811,467 0 811,467 0 0 0 LIBRARY ADMINISTRATION 205,187 (2,000) 203,187 SUPPORT SERVICES 240,980 (2,000) 238,980 ADULT SERVICES 214,589 5,200 219,789 CHILDREN SERVICES 122,801 (1,200) 121,601 0 0 0 ENERGENCY NANAGENENT 76,542 0 75,542 AIRPORT 79,441 0 79,441 ANIHAL CONTROL 246 201 0 246,201 ENGINEERING 828 848 (20,600) 808,248 INSPECTION 347 118 0 34T 118 TRAFFIC 316 T46 T,600 324,346 PUB WORKS ADHINISTRATION 224 311 0 224,311 STREET PATCHING 789 219 0 789,219 SWEEPING/DRAINAGE 338 375 0 338 375 STREET CONSTRUCTION 631 848 0 631 848 STREET LIGHTING 370 467 13,000 383 467 FIRE ADHINISTRATION 244 540 4,000 248 540 OPERATIONS 3,605,798 106,000 3,611,798 PREVENTION 142,773 (4,000) 138,773 POLICE ADHINISTRATION 201,200 (10,000) 191,200 CID 748,702 13,070 761,772 POLICE ADNINISTRATIVE 488,754 (35,070) 453,684 PATROL 2,983,709 (35,000) 2,948,709 ADNIN NISC (ABOVE) 990,610 (19,000) 971,610 ACCT NISC (ABOVE) 1,069,235 51,000 1,120,235 PLANNING NISC (ABOVE) 148,507 0 148,507 TOTAL GENERAL FUND 22,769,226 0 22,769,226 WATER UTILITY FUND EXHIBIT B WATER FUND BUDGET ADJUSTMENT FISCAL YEAR 1987-88 BUDGET TRANSFER MODIFIED DEPARTMENT 1987-88 AMOUNT BUDGET WATER DISTRIBUTION 2,054,066 (458,626) 1,595,440 WASTEWATER COLLECTIONS 997,194 (291,378) 705,816 WATER CONSTRUCTION FUND 0 458,626 458,626 W.WATER CONSTRUCTION FUND 0 291,378 291,378 TOTAL 3,051,250 0 3,051,260 2448L RESOLUTION NO. ~ A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ASSIGN- MENT OF A CONTRACT BETWEEN THE CITY OF DENTON AND DOMINION BRIDGE-SULZER, INC. TO SULZER CANADA INC., AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the energy firm of Dominion Bridge-Sulzer, Inc. has been assumed by the firm of Sulzer Canada Inc , and WHEREAS, pursuant to Ordinance No 87-230 the City of Denton has entered into an agreement with Dominion Bridge-Sulzer, Inc. for the construction of a turbine with auxiliary equipment for the Lake Lewisville Hydroelectric pro3ect, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That the City Manager is hereby authorized to execute an assignment of the contract between the City of Denton and Dominion Bridge-Sulzer, Inc to Sulzer Canada Inc., a copy of which is attached hereto and incorporated by reference herein. SECTION II. That this resolution shall become effective immediately upon its passage and approval. ~ PASSED AND APPROVED this the~ay of 1988 ATTEST IFE~WALTERS, CITY SECRETARk APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY SULZER CANADA INC EXTRACT OF THE RESOLUTIONS OF DIRECTORS OF SULZER CANADA INC adopted on the 18th day of December 1987. CREATION OF THE DBS ESCHER WYSS DIVISION AND APPOINTMENT OF OFFICERS "WHEREAS it is deemed expedient and appropriate to create a dlvlslon of the Corporation to carry out as of January 1, 1988 the business presently being carried out by the Energy Dlvlslon of Dominion Brldge-Sulzer Inc.; and WHEREAS it is deemed appropriate to appoint officers of such division; RESOLVED THAT the Corporation hereby create a dlvlslon to be named 'DBS Escher Wyss, a division of Sulzer Canada Inc to carry on the business presently carried out. THAT the following persons be appointed officers to hold the offices in DBS Escher Wyss, a d~vzs~on of Sulzer Canada Inc. appearing beside their name herein below- NAME I O I,..1 OFFICE Wern~r R. S"~-~'~-6'b ~,~'~ Dlvxszon--'---f'~-~ldent And:e J. ettler ¥ / % D wslon Treasurer and .~/J~ '~ Assistant Secretary Kelth Pomeroy ~-~-~~ Division Secretary and Dl~slon , ; ~'~'~-~ Assistant Treasurer Zla Burney~.~~-~. ~ . ~3~ Division Assistant-Secretary " AUTHORITY TO REPRESENT AND BIND DBS ESCHER WYSS, A DIVISION OF SULZER CANADA "WHEREAS it is appropriate to designate the persons who shall from time to time be authorized to represent and execute binding documents on behalf of DBS Escher Wyss, a division of Sulzer Canada Inc RESOLVED: THAT any one of the officers of DBS Escher Wyss, a dlvlslon of Sulzer Canada Inc be and are hereby authorized, for and on behalf of DBS Escher Wyss, a dlv~slon of Sulzer Canada Inc , to represent DBS Escher Wyss, a dlv~slon of Sulzer Canada Inc , to execute all documents ~nd do all acts or things necessary or required to allow the carrying out of the business of DBS Escher Wyss, a dlvzslon of Sulzer Canada Inc I, the undersigned, EDITH GRAF, the Secretary of SULZER CANADA INC , hereby certify that the foregoing is a certified true copy of the resolutions unanimously adopted by the D~rectors of SULZSR CANADA INC , on December 18, 1987, and said resolutions are still in full force and effect. SIGNED on th~s 18th day of April 1988. Secretary ASSIGNMENT BETWEEN' DOMINION BRIDGE-SULZER INC , a body corporate duly constituted under the laws of Canada, having its registered office at Lachine, Quebec, Canada, (hereinafter referred to as the ~Assignor~), AND' SULZER CANADA INC., a body corporate duly constituted under the laws of Canada, having its registered office at Pointe-Claire, Quebec, Canada and herein transacting as regards its division, DBS Fscher Wyse, (hereinafter referred to as the ~Assignee~) WHEREAS an agreement dated December 29, 1987 was executed by AMCA International Limited, Sulzer-Escher Wyss Limited, Dominion Bridge- Sulzer Inc and Sulzer Canada Inc therein transacting as regards its division, DBS Escher Wyss (the ~Agreement~) reorganizing the operations and certain assets of the Assignor effective December 31, 1987 WHEREAS under the provisions of the Agreement, the Assignor agreed to sell, assign and transfer to the Assignee as of December 31, 1987 certain assets therein described including without limitation the contract between City of Denton, Texas and Dominion Bridge-Sulzer Inc. dated December 8, 1987 (the ~Assigned Contract~). - 2- NOW THEREFORE, in consideration of the premises and for other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto agree as follows' 1. Assignor hereby assigns to Assignee with effect as of December 31, 1987, all right, title, interest, covenants and obligations in and to the Assigned Contract dated December 8, 1987 described in Schedule A attached hereto, including all rights of action or other rights accruing to the Assignor, or which might hereafter accrue to the Assignor under the said Assigned Contract 2 Assignee agrees that it shall perform and fulfil all the terms and obligations of the Assigned Contract. 3 Assignor undertakes to execute all further documents necessary to carry out the assignment of the Assigned Contract effectually as of December 31, 1987. IN WITNESS WHEREOF the parties hereto have executed this agreement with effect as of December 31, 1987 DOMINION BRIDGE-SULZER INC SULZER CANADA INC , transacting herein as regards its division DBSBy ~ ~Escher ~y~ SCHEDULE A Contract No. 720-110 for the Supply of a Turbine/Generator and Associated Equipment for the Lewisville Hydro Electric Project, between City of Denton, Texas and Dominion Brtdge-Sulzer Inc., dated December 8, 1987 (the ~Contract~). The Contract includes among others the following documents a) City of Denton, Texas Bid Specification No 9735, dated March 12, 1987 b) City of Denton, Texas Purchase Order No 82392, dated December 21, 1987. c) Dominion Bridge-Sulzer Inc Proposal No 721-072, dated April 1, 1987. Consent to Assf~nment City of Denton, Texas, a party to the contract identified in Schedule A attached to the preceding assignment, hereby consents to such foregoing assignment. Datsd'~ CITY OF DENTON, TEXAS Next Document 0500L RESOLUTION NO ~~ A RESOLUTION CHANGING THE REGULAR COUNCIL MEETING OF DECEMBER 6, 1988 TO DECEMBER 13, 1988; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the regular Council meeting of the City of Denton scheduled for December 6, 1988 is hereby changed, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON SECTION I That the regular Council meeting to be held on December 6, 1988 be changed to December 13, 1988 PASSED AND APPROVED this the ~/~""'ay of ~ 1988 ATTEST: APPROVED AS TO LEGAL FORM' DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY A i~ESOLUTION 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 SUCH BONDS AND THE USE OF THE PROCEEDS OF SUCH BONDS; AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH WHEREAS, North Texas Higher Education Authority, Inc. (the "Authority") was established as a non-profit corporation pursuant to the Texas Non-Profit Corporation Act, for the purpose of furthering educational opportun~tles of students by providing funds for the acquisition of student loans; WHEREAS the Authority has proceeded ~n the development of a plan of doing buslness and has issued bonds for the aforesaid purposes, and additional funds are needed to continue the program and it is now appropriate for this governing body to approve the issuance of additional bonds for such purpose; WHEREAS, pursuant to sectlon 147(f) of the Internal Revenue Code of 1986, as amended (the "code"), a public hearing was conducted, following reasonable public not~ce, with respect to the issuance of bonds by the Authority ~n the principal amount not to exceed $100,000,000; WHEREAS, the duly appointed and authorized representative of the City of Denton, Texas (the "City"), has submitted to the City cert~fled minutes, containing the proceedings from such hearing which proceedings are attached hereto as Exhibit A; WHEREAS, in order to satisfy the requirements of the Code, it is necessary for the City, following the holding of the ~ublic hearing, to approve the issuance of the Bonds and the use of the proceeds of the Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I: That on ~3~-~? , a public hearing was conducted regarding the issuance by the Authority of student loan revenue bonds ~n the pr~nczpal amount not to exceed $100,000,000 (here~n called "Bonds") The proceeds of the Bonds will be used by the Authority for the purpose of purchasing Guaranteed Student Loans which are either guaranteed or insured under the provisions of the Higher Education Act of 1965, as amended, the setting aside of certain amounts for deposzt into the Reserve Fund, the Interest Fund, and the Operating Fund, and paying the cost of issuing the Bonds, in accordance with the laws of the State of Texas, ~ncludlng Chapter 53 of the Texas Education Code, as amended The student or parent loan notes are notes executed by students (or parents of students) who are residents of the State of Texas or who have been admitted to an accredited znst~tutlon ~n the State of Texas (as defined in the Texas Education Code, as amended). SECTION II: That the governing body of the City hereby approves the issuance and delzvery of such Bonds and the use of the proceeds of such Bonds for the purposes aforesaid. The Mayor and C~ty Secretary are authorized and d~rected to execute the Approval Certlf~cate substantially in the form attacked hereto as Exhibit A and to deliver certified cop~es of th~s resolution and copies of the Approval Certificate to the Authority for 1ts use in connection with the ~ssuance of the Bonds The C~ty requests that the Authority exercise the powers enumerated and provided ~n Section 53.47 of the Texas Education Code, as amended; 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 §3.47(e) of the Texas Education Code, as amended. SECTION III: That the City does not agree to assume any responsibility in connection w~th the admln~stration of the Authorlt¥'s student loan program. Sole responslb~llty for the adm~nlstratlon of the Author~ty's student loan program ~s being assumed by the Authorzty. SECTION IV: That it is recognized by th~s governing body that the instruments which authorize the issuance of Bonds or series of Bonds by the Authority will specifically state that this City is not obligated to pay the principal of or interest on the Bonds or serzes of Bonds proposed to be ~ssued by the Authority. Nothing in th~s resolution shall be construed as an indlcation by this City that it will pay or provide for the payment of any obligations of the said Authority whether heretofore or hereafter zncurred, and ~n this connection, attention is called to the Constitution of Texas where=n it is provided that a City may incur no zndebtedness without having made provisions for 1ts payment, and this City 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. -2- 3448B SECTION V. That th~s Resolution shall be effective from and after 1ts passage and approval. SECTION VI: That it is hereby officially found and determined that the meeting at which th~s resolution ~s passed is open to the public as required by law and that public notice of the time, place and purpose of sa~d meeting was g~ven as required. PASSED AND APPROVED this ~/~day of~, 1988 city~o~Denton, Texas Mayor,~/~ ATTEST: ~t~ 'S~retary (/z'ty of Denton, Texas -3- 34488 2510L RESOLUTION NO.~ A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR LIBRARY SERVICE, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That the City Council of the City of Denton, hereby approves an agreement between the City of Denton and Denton County for library service, a copy of which is attached hereto and incorporated by reference herein, and the Mayor zs hereby authorized to execute said agreement on behalf of the City SECTION II. That this resolution shall become effectzve immediately upon its passage and approval. PASSED AND APPROVED this the ~v~'~day offS, 1988. ATTEST' APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY ORIGINAL THE STATE OF TEXAS )( COUNTY OF DENTON )( INTERLOCAL COOPERATION AGREEMENT FOR LIBRARY SERVICES THIS AGREEMENT is made and entered into this ~ay of October, 1988, by and between DENTON COUNTY, a political subdivision of the Great State of Texas, hereinafter referred to as "County", and the Crl'¥ OF ])R~ITOI~I a municipality of Denton County, Texas, hereinafter referred to as "Municipality". WHEREAS, COUNI Y IS a duly organized political subdivision of the State of Texas engaged in the administration of County Government and related services for the benefit of the citizens of Denton County, and WHEREAS, MUNICIPALITY is a duly orgamzed mummpallty of Denton County, Texas engaged in the provision of library service and related services for the benefit of the citizens of Denton County, Texas, and WHEREAS, COUNTY and MUNICIPALITY desire to ~mprove the efficiency and effectiveness of local governments by authorizing the fullest possible range of intergovernmental contracting authority at the local level for all or part of the functions and services of police protection and detention services, fire protection, streets, ro~ds, and drainage, public health and welfare, parks, recreation, hbrary serwces, museum services, waste disposal, planning, engineering, and administrative functions such as tax assessment and collection, personnel services, purchasing, data processing, warehousing, equipment repair, and printing, and WHEREAS, COUNTY and MUNICIPALITY mutually desire to be subject to the provisions of TEX. REV. CIV. STAT. Art. 4413 (32c), (Vernon Supp.), the Interlocal Cooperation Act, and (1) JAI41~31~O NOW THEREFORE, COUNTY and MUNICIPALITY, for the mutual consideration hereinafter stated, agree and understand as follows I. The effective date of this agreement shall be the 1st day of October, 1988 II. The initial term of this Agreement shall be for the period of October 1, 1988 to and through September 30, 1989. III. For the purposes and consideration herein stated and contemplated, COUNTY shall provide the following necessary and appropriate services for the residents of Denton County MUNICIPALITY to the maximum extent authorized by this agreement, without regard to race, religion, color, age, and national orlg~n, to wit 1. Library services and other related services for the beneht and to serve the public conveniences and necessity of the citizens of Denton County, Texas IV During the term of this contract, upon presentation of proper proof by individual(s) of residence of Denton County, Texas, such Individual(s) shall be entitled to be issued, at no cost, a "library card" to be used in connection with said library services to be valid for a term to colnmde with the term of this contract. V. COUNTY shall designate Honorable Vic Burgess to act on behalf of COUNTY, and to serve as ,,Liaison Officer" for COUNTY with and between COUNTY and MUNICIPALITY. Honorable Vic Burgess or his designated substitute shall insure the performance of all duties and obligations of COUNTY here~n stated, and, shall devote sufficient time and attention to the execution of said duties on behalf of COUNTY in (2) full compliance with the terms and conditions of this agreement, and, shall provide immediate and direct supervision of COUNTY'S employees, agents, contractors, sub- contractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of COUNTY and MUNICIPALITY. VI. MUNICIPALITY shall designate Lloyd V. Harre]l to act on behalf of MUNICIPALITY, and to serve as "Liaison" for MUNICIPALITY with and between, MUNICIPALITY and COUNTY to insure the performance of all duties and obligations of MUNICIPALITY as herein stated, and, shall devote sufficient time and attention to the execution of said duties on behalf of MUNICIPALITY in full compliance with the terms and conditions of this agreement, and, shall provide immediate and direct supervision of the MUNICIPALITY'S employees, agents, contractors, sub-contractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of MUNICIPALITY and COUNTY. VII MUNICIPALITY agrees to indemnify and hold harmless COUNTY, its agents, and employees, from and against all claims, damages, losses, and expenses, including reasonable attorney's fees in case it shall be necessary to pursue legal action, arising out of performance of the services and duties herein which are, or are alleged to have been caused in whole or in part by COUNTY or MUNICIPALITY, including but not necessarily limited to any neghgent act and/or omission of any employee of MUNICIPALITY, its d~rectors, members, or that of a sub-contractor of MUNICIPALITY, or that of anyone employed by or contracted with MUNICIPALITY for whose acts COUNTY and/or MUNICIPALITY is liable. (3) VIII MUNICIPALITY agrees to lndemmfy and hold harmless COUNTY, its agents, and employees, from and against all claims, damages, losses, and expenses, including reasonable attorney's fees in case it shall be necessary to file an action, arising out of performance of the services and duties herein stated, which are (1) for bodily injury, illness, or death, or for property damage, including loss of use, and (2) caused in whole or m part by MUNICIPALITY'S negligent act and/or omission, or that of a sub-contractor of MUNICIPALITY, or that of anyone employed by or contracted with MUNICIPALITY for whose acts the MUNICIPALITY is liable. IX. The MUNICIPALITY shall be solely responsible for all techniques, sequences, procedures, and means, and for the coordination of all work performed under the terms and conditions of this agreement, shall insure, dedicate and devote the full time and attention of those employees necessary for the proper execution and completion of the duties and obligations of the MUNICIPALITY stated in this agreement, and give all attention necessary for such proper supervis~on and direction. X COUNTY agrees to and accepts full responsibility for the acts, neghgence, and/or omissions of all COUNTY'S employees, and agents, COUNTY'S sub-contractors, and/or contract laborers, and for those of all other persons doing work under a contract or agreement with said COUNTY. XI. The MUNICIPALITY agrees to and accepts full responsibhty for the acts, neghgence, and/or omissions of all the MUNICIPALITY'S employees, and agents, the MUNICIPALITY'S sub-contractors, and/or contract laborers, and for those of all other persons doing work (4) under a contract or agreement with said MUNICIPALITY. XII This agreement m not Intended to extend the hab~llty of the parties beyond that prowded by law. Neither Agency MUNICIPALITY nor County waives any lmmumty or defense that would otherwme be available to ~t against claims by third part~es. XIII. MUNICIPALITY understands and agrees that the MUNICIPALITY, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agents and/or representatives of COUNTY. XIV. COUNTY understands and agrees that COUNTY, ~ts employees, servants, agents, and representatives shall at no t~me represent themselves to be employees, servants, agents, and/or representatives of MUNICIPALITY. XV "COUNTY", Denton County ~s a poht~eal subd~ws~on of the State of Texas. The address of "COUNTY" is Commissioners Court of Denton County Courthouse on the Square 110 Wo H~ekory Denton, Texas 76201 Telephone (817) 383-0298 Attn Honorable V~c Burgess Denton County Judge XVI. MUNICIPALITY ~s a pubhe service orgamzatlon of Denton County, Texas. The address of "MUNICIPALITY,, is (5) City of Denton 215 E. McKmney Denton, Texas 76201 Telephone (817) 566-8200 Attn LLOYD V. HAI{RELL XVII. For the services hermnabove stated, COUNTY agrees to pay to MUNICIPALITY for the full performance of this agreement, $1 00 per capita of 112,726 or the sum of ONE HUNDRED TWELVE THOUSAND SEVEN HUNDRED TWENTY-SIX AND NO/100 ($112,726.00) DOLLARS to be paid m equal quarterly installments of TWENTY-EIGHT THOUSAND ONE HUNDRED EIGHTY-ONE AND 50/100 ($28,181 50) DOLLARS commencing October 1, 1988. In addition, COUNTY agrees to pay to MUNICIPALITY up to FIVE THOUSAND AND NO/100 ($5,000.00) DOLLARS in matching funds upon recmpt of proof from the MUNICIPALITY that revenue from sources other than Denton County ha~ been received and that this ~nformatlon shah be provided each quarter to COUNTY and wi]! be matched in ful! each quarter until such t~me that $5,000.00 has been pa~d. COUNTY understands and agrees that payment by COUNTY to the MUNICIPALITY shah be made In accordance with the normal and customary processes and bus~ness procedures of COUNTY. XVIII. This agreement may be terminated at any time, by either party giving sixty (60) day advance written notice to the other party In the event of such termination by either party, MUNICIPALITY shah be compensated pro rata for all serwces performed to termination date, together with reimbursable expenses then due and as authorized by this agreement. In the event of such termination, should MUNICIPALITY be overcompensated on a pro rata bas~s for all services performed to termination date, and/or be overcompensated for reimbursable expenses as authorized by this agreement, then COUNTY shall be reimbursed pro rata for all such overeompensatlon. Acceptance of sa~d reimbursement shall no constitute a waiver of any claim that may otherwise ar~se out of this Agreement. (6) XIX. This agreement represents the entire and integrated agreement between MUNICIPALITY and COUNTY and supersedes all prior negotiations, representations and/or agreements, either written or oral. This agreement may be amended only by written instrument signed by both MUNICIPALITY and COUNTY XX The validity of this agreement and of any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. Further, this agreement shall be performable and all compensation payable in Denton County, Texas. XXI In the event that any portion of this agreement shall be found to be contrary to law it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible XXII. The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said author,ty have been duly passed and are now in full force and effect. (7) Executed In duplicate originals at Denton, Denton County, Texas on the day and year first written above. "CO UN T Y" "M U NICI P A LIT Y" DENTON COUNTY, TEXAS MUNICIPALITY 110 W. Hickory Denton, Texas 7621M HONORABLE Na~e ~ / / DENTON COUNTY JUDGE Title Acting on behalf of, and by Acting on beha{f of, and by the authority of the the authorlty of the Comm~ssioners Court of MUNICIPALITY Denton, County, Texas ATTEST ATT EST DENTON COUNTY CLERK Title ROB MORRIS DENTON COUNTY ATTORNEY STATE OF TEXAS )( COUNTY OF DENTON )( BEFORE ME, the undersigned authority, on this day personally appeared the Honorabte Vm Burgess, Benton County Judge, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the foregoing Interloeal Cooperation Agreement for the purposes and oons,deratlon therein expressed, in the eapamty stated, ~d as the act and deed of sa~d County. GIVEN unde~ my hand and seal of ofhee thru the ~day of ~ 1988. ~[~3 NOTARY PUBLIC ' ~ ~ OF ! _ (Nota~y's Pmnted Name) ~- SEAL THE STATE OF TEXAS )( COUNTY OF DENTON )( ~ ~,B, EFO, RE ME, the undersigned authority, on this day personally appeared, ~ ~ , MAYOR the City of Benton, known to me to be the person whose naml~ is ~,,Ibseribed to the fore~oin~ ~trument and acknowledged to me that he executed the foreEom~ InterloeaI Cooperation A~reement for the purposes and consideration there~n expressed, and m the capacity stated, and as the act and deed of said CITY. GIVEN under my hand and seal of offme th~s the ~ day of ~ , 1988. ~ ~J~ o~ fo~ the State of Texas. My Commission explr~ Notary's Printed Name) SEAL 2509L RESOL n0N NO. A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON cOUNTY FOR AMBULANCE SERVICE, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That the City Counczl of the City of Denton, hereBY approves an agreement between the City of Denton and Denton County for ambulance services, a copy of which is attached hereto and incorporated by reference herein, and the Mayor is hereby authorized to execute said agreement on behalf of the City SECTION II. That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the~ day of ~, 1988. ATTEST: IFER/FALTERS, CITY-S ~' APPROVED AS TO LEGAL FoRM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY ORI61NAL THE STATE OF TEXAS )( COUNTY OF DENTON )( INTERLOCAL COOPERATION AGREEMENT FOR AMBULANCE SERVICE THIS AGREEMENT Is made and entered by and between Denton County, a political subdivision of the State of Texas, hereinafter referred to as "COUNTY", and the CIt~' of Dento~ , a home rule municipal corporation located in Denton County, Texas, herelnaf,ter referred to as "CITY". WHEREAS, COUNTY is a duly orgamzed pohtlcal subdivision of the State of Texas engaged in the administration of County Government and related serwces for the benefit of the citizens of Denton County, and WHEREAS, CITY ]sa ~u~.;~ ~c~?v;~ ~.g~nl~.:~n, duly organ]zed and operating under the laws of the State of Texas and ~s engaged ~n the provision of ambulance service and related services for the benefit of the citizens of the City of Denton, and WHEREAS, CITY ]s an owner and operator of certain ambulance veh~oles and other equipment designed for the transportation of persons who are sick, infirm, or ln]ured, and has in Its employ trained personnel whose duties are related to the use of such vehicles and equipment, and WHEREAS, COUNTY desires to obtain emergency medical services rendered by CITY, as more fully hereinafter described for the benefit of the residents of Denton County, Texas, and WHEREAS, the provision of emergency medical services m a governmental function that serves the public health and welfare and is of mutual concern to the contracting part,es, and (1) WHEREAS, COUNTY and CITY mutually desire to be subject to the provisions of Texo Rev. Civ. Stat. Art. 4413 (32c), the Interlocal Cooperation Act and other appheable statutes and contract pursuant thereto, NOW, THEREFORE, COUNTY and CITY, for the mutual consideration hereinafter stated, agree as follows I The effective date of th~s agreement shall be the l~t day of October, 1988. II The lmtml term of th~s agreement shall be for the per~od of October 1, 1988 to and through September 30, 1989. Thereafter, this agreement shall be renewed for successive additional one year terms commencing on October 1st of each year ~f the COUNTY and CITY agree ~n writing on or before the f~rst day of September, to the amount of consldeeratlon to be paid hereunder for each successive term, prowded, however, that each party may terminate this agreement by g~v~ng the other party written not,ce of intent to termmate s~xty (60) days after such notice III. As used here~n, the words and phrases hereinafter set forth shall have the meanings as follows A. "Emergency" shall mean any mrcumstances that calls for lmmedmte action and in which the element of t~me ~n transporting the s~ck, wounded or injured for medical treatment ~s essential to health or hfe of a person or persons. Whether the aforementioned e~reumstances in fact ex~st, ~s solely up to the d~scretlon of the "CITY" For dispatch purposes only, "emergency" shall ~nclude, but not l~m~ted to 1. The representation by a person requesting ambulance serwce that an ~mmed~ate need exists for such serwee for the purpose of transporting a person from any location to a plaee of treatment and emergency medical treatment ~s thereafter adm~mstered, (2) 2. The representation by a person requesting ambulance service that an immediate need exists for such service for the purpose of transporting a person from any location to the closest medical facility. B. "Rural area" means any area within the boundaries of Denton County, Texas, and w|thout the corporate limits of all ~ncorporated c~tles, towns and wIlages w~th~n said COUNTY. C. "Urban area" means any area within the corporate ]lmlts Of an ~ncorporated city, town or village within said COUNTY. D. "Emergeney ambulance call" means a response to a request for ambulance service by the personnel of CITY in a situation ~nvolvlng an emergency (as such word is herelnabove defined) through the mstrumentahty of an ambulance vehicle Within the meamng hereof, a single call might ~nvolve the transportation of more than one person at a time. IV. A. Services to be referred hereunder by CITY are ambulance services normally rendered by CITY, under circumstances of emergency as herelnabove defined, to citizens of COUNTY. B. The City of Dentons Fire Department shah respond to requests for ambulance services made within designated rural areas of COUNTY. C. It ~s recognized that the officers and employees of CITY have duties and responsibilities which include the rendition of ambulance serwces, and it shall be the responSlblhty and within the sole discretion of the officers and employees of CITY to determine priorities ~n the d~spatehlng and use of such equipment and personnel, and the ludgment of any such officer or employee as to any such matter shall be in all things final. (3) V The COUNTY shall designate the County Judge to act on behalf of COUNTY and to serve as the "Liaison Officer" between COUNTY and CITY. The County Judge or his designated substitute shall insure the performance of all duties and obligations of COUNTY herein stated, and, shall devote sufficient time and attention to the execution of said duties on behalf of COUNTY in full compliance with the terms and conditions of thru agreement, and, shall provide immediate and direct supervision of COUNTY'S employees, agent, contractors, sub-contractors, and or laborers, if any, In the furtherance of the purposes, terms and conditions of this agreement for the mutual benefit of COUNTY and CITY. VI. CITY shall insure the performance of all duties and obligations of CITY as herein stated, and, shall devote sufficient time and attention to the execution of said duties on behalf of CI~[ Y in full compliance with the terms and conditions of this agreement, and, shall provide immediate and direct supervision of the CITY employees, agents, contractors, sub-contractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this agreement for the mutual beneht of CITY and COUNTY VII For the Services herelnabove stated, COUNTY agrees to pay to CITY for the full performance of this agreement, the sum of Two Hundred Seventy-Four Thousand Five Hundred Eleven AND NO/100 ($274,511.00) DOLLARS to be paid in equal quarterly payments of Sixty-Eight Thousand Slx Hundred Twenty-Eight AND NO/100 ($68,628 00) DOLLARS commencing on October 1, 1988. The remalmng payments shall be made respectively on or before January 1, 1989, April 1,1989 and July 1, 1989 (4) VIII. COUNTY agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all COUNTY'S officers, employees, and agents. IX In the event of any default in any of the covenants herein contained, this agreement may be forfeited and terminated at either party's discretion if such default continues for a period of ten (10) days after notice to the other party in writing of such default and intention to declare this agreement terminated. Unless the default is cured aforesaid, this agreement shall terminate and come to an end as if that were the day originally fixed herein for the expiration of the agreement. X. This agreement may be terminated at any time, by either party giving sixty (60) days advance notice to the other party. In the event of such termination by either party, CITY shall be compensated pro rata for all services performed to termination date, together with reimbursable expenses then due and as authorized by this agreement. In the event of such termination, should CITY be overcompensated on a pro rata basis for all services performed to termination date, and/or be overcompensated reimbursable expenses as authorized by this agreement, then COUNTY shall be reimbursed pro rata for all such overcompensatlon Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this agreement. XI. The fact that COUNTY and CITY accept certain responsibilities relating to (5) the rendition of ambulance services under this agreement as a part of their responsibility for providing protection for the publ,e health makes it Imperative that the performance of these vital services be recognized as a governmental function and that the doetrme of governmental Immunity shall be, and it is hereby invoked to the extent possible under the law. Neither CITY nor COUNTY waives or shall be deemed hereby to waive, any immunity or defense that would otherwise be available to ,t against claims arising from the exercise of governmental powers and functions XII This agreement represents the entire and integrated agreement between CITY and COUNTY and supersedes all prior negotiations, representations and/or agreements, either written or oral This agreement may be amended only by written ,nstrument signed by both CITY and COUNTY XIII. This agreement and any of Its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of ~I exas XIV. In the event that any portion of this agreement shall be found to be contrary to law, it is the Intent of the parties hereto that the remaining port,ons shall remain valid and in full force and effect to the extent possible. XV The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. (6) Executed in duplicate originals this, the day of , 1988, COUNTY OF/~ENTON BY ///~ ~.~ BY C~NTY J'd~K]E / ATT EST ATT EST BY ~ BY "CITY" BYM AYO~i(~ DATE APPROVED AS TO FORM AND CONTENT (7) STATE OF TEXAS )( COUNTY OF DENTON )( BEFORE ME, the undersigned authority, on this day personally appeared the Honorable Vic Burgess, Denton County Judge, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the foregoing Interlocal Cooperation Agreement for the purposes and consideration therein expressed, in the capacity stated, and as the act and deed of said County. GIVEN under my hand and seal of ofhce this the ~dayof ~,1988. Notary Public m and for the St~t~ff~f Texas ~. ~ LINOA SUE BAGGETT~ ~ ~'(~rl~ NOTARY PUBLIc I I ~ M~m_~-~ (Nota~y's Pnnted Name) ~ SEAL THE STATE OF TEXAS )( COUNTY OF DENTON )( ~ f~I~EFO~{E ME, the undersigned authority, on this day personally appeared, *~~, MAYOR the City of Denton, known to me to be the person whose ' flake_is subscribed to the foregoing instrument and acknowledged to me that he executed the foregoing Interlocal Cooperation Agreement for the purposes and cons]deration therein expressed, and in the capacity stated, and as the act and deed of satd CITY GIVEN under my hand and seal of office this the~ day offS, 1988. ~~ N~ry Public in and fdr the State of Texas. My ~ ~ ~r~ ~1,1~ My Commms~on expires (Notary's Printed Name) SEAL 2514L RESOLUTION NO.~'~ A RESOLUTION TEMPO ILY CLOSING A PORTION OF AVENUE A BETWEEN THE SOUTH SIDE OF ITS INTERSECTION wITH HICKORY STREET AND THE NORTH SIDE OF THE ENTRANCE TO THE pARKING LOT NEXT TO THE GOOSE END BICYCLE SHOP ON THURSDAY, OCTOBER 13, 1988, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on Thursday, October 13, 1988, the Pi Kappa Alpha Fraternity is sponsoring a block party to be held on Avenue A between the south side of its intersection with Hickory Street and the north side of the entrance to the parking lot next to the Goose End Bicycle Shop, and the street have given WHEREAS, all abutting property owners of their permission to the temporary closing of said street, and WHEREAS, the block party is open to the general public of the City and County of Denton, and WHEREAS, in order to provide adequate space for the said block party 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 Avenue A between the south side of its intersection with Hickory Street and the north side of the entrance to the parking lot next to the Goose End Bicycle Shop from the hours of 7'00 p.m. until 12 00 a.m. on Thursday, October 13, 1988, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON SECTION I. That Avenue A between the south side of its inter- section with ~tckory Street and the north side of the entrance to the parking lot next to the Goose End Bicycle Shop shall be temporarily closed as a street or public thoroughfare of any kind or character whatever on Thursday, October 13, 1988 from 7 00 p.m until 12:00 a.m. for the purpose of holding the Pi Kappa Alpha block party, provided, however, that the following conditions are met by the fraternity 1. That the fraternity will clean up after the block party, and 2. That no music will be played after 11 00 p.m SECTION II. That the City Manager shall direct the appropriate City Departmen~ to erect barricades at Avenue A, at the south slde of its intersection with Hickory Street and at the north side of the entrance to the parking lot next to the Goose End Bicycle Shop, at 7'00 p.m. on October 13, 1988, and to have the same removed at 12:00 a.m. on said date. 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 llth day of October, 1988. ATTEST J~IFER~ALTERS, , CITY S~CRETARY APPROVED AS TO LEGAL FORM. DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY Nlext Document 2537L RESOLUTION NO.~ A RELOLUTION TEMPORARILY CLOSING A PORTION OF HICKORY AND ELM STREETS ON NOVEMBER 16, 1988, AND DECLARING AN EFFECTIVE DATE. WHEREAS, Derv Hudgens representing the American Cancer Society has requested that Hickory Street, from its intersection with Cedar Street to its intersection with Locust Street, a ~ublic street within the corporate limits of the City of Denton, exas be temporarily closed to public vehicular traffic between the hours of 11:45 a.m. to 1.00 p.m. on November 16, 1988, for the purpose of tethering a hot air balloon to help celebrate "The Great American Smokeout"; and WHEREAS, the same group has requested that Elm Street, between Oak and Walnut Streets, be closed during the same time for the same purpose, and WHEREAS, Mr. Hudgens has assured the City Council that all residents in such blocks of Hickory and Elm Streets have agreed to the temporary closing of said streets, NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON SECTION I. That Hickory Street, from its intersection with Cedar Street to its intersection with Locust Street, a public street in the corporate limits of the City of Denton, Texas, and Elm Street, from its intersection with Oak Street to its intersection with Walnut Street be temporarily closed to vehicular traffic from the hours of 11 45 a m. to 1 00 p.m. on November 16, 1988, for the purpose of tethering a hot air balloon to help celebrate "The Great American Smokeout." SECTION II. That the City Manager shall direct the appropriate City Department to erect barricades at Hickory Street, at its intersection with Cedar Street and at its zntersection with Locust Street, and on Elm Street, at its intersection with Oak Street and at its intersection with Walnut Street, at 11 45 a.m. on November 16, 1988 and to have the same removed at 1'15 p.m. on said date. SECTION III. That this Resolution shall become effective immediately upon its passage and approval 1988. ATTEST APPROVED AS TO LEGAL FORM. DEBRA ADAMI DRAYOVITCH A RESOLUTION SETTING FORTH PRINCIPLES OF AGREEMENT REGARDING UTILIZATION OF LAKE LEWISVILLE FOR RECEIVING, STORAGE AND TRANSPORTATION OF RAW WATER FROM COOPER RESERVOIR AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Cities of Denton, Dallas and Irving agree that in order to provide for the long term water needs of the Elm Fork- Trinity Basin Area, additional water must be made available by Introduction of waters from other areas; and, WHEREAS, the City of Irving has rights to appropriate 107,838 acre feet of water to be impounded in the Cooper Reservoir now under construction and has need to transfer sa~d water ~nto the Elm Fork-Trinity Basin; and, WHEREAS, the Cities of Denton and Dallas currently hold water storage rights in Lake LeWlsvllle and are willing to allow the City of Irving the privilege of storing waters from Cooper Reservoir therein and using Lake Lewisville as a transportation medium; and, WHEREAS, it is the agreement of the Cities of Denton, Dallas and Irving that such storage and transportation shall be allowed and conditionally supported by each in petition to the Texas Water Commission; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Manager of the City of Denton or his designee is hereby authorized to negotiate with representatives of the Cities of Dallas and Irving for the utilization of Lake Lewisville for receiving, storage and transportation of raw water from Cooper Reservoir based upon the following precepts: A. That the City of Denton's water storage volume in the Lake Lewisville conservation pool remain unencumbered by the introduction of water from Cooper reservoir by the City of Irving. Only volumes as determined between Dallas and Irving shall be used for this purpose, with Dallas allowing the use of ~ts portion of the conservation pool for such storage. B. That the City of Irving pay a pro-rata share of the operation and maintenance cost, on an annual basis, as determined by the actual percentage of water from Cooper Reservoir introduced in relation to the dependable yield of the reservoir. C. That the City of Dallas shall incorporate the Cooper Reservoir waters placed in Lake Lewlsvllle as if a part of 1ts own supply for the purposes of providing treatment and transportation to the City of Irving, provided such volumes flow through the City of Denton's hydroelectric plant in accordance with paragraph F., hereof. Irving shall receive a credit, known as the Raw Water Credit, to be applied to reduce the cost of its water purchases from the City of Dallas in consideration for the provision of Cooper Reservoir water into the Lake Lewisville system, the amount of such credit to be jointly agreed upon by the cities of Dallas and Irving. D. That in consideration for the use of a portion of the Lake Lew~sville conservation pool, and in order to provide assurance that there will be no loss of water supply yield in the reservoir, the City of Irving agrees to provide 250,000 gallons per day in excess of the amount for which a raw water credit is taken or, at its option, deliver water to Lake Lewisvllle at an optimum rate as determined by the City of Dallas, thereby minimizing the likelihood of a 10ss in water supply yield from the reservoir. E. That the right of the city of Irving to pass water transported from Cooper Reservoir through Lake Lewisvllle shall not be unilaterally terminated during the term of this contract, however, upon seven (7) years notice, either party may terminate the use of Lake Lewisville for the purpose of seasonal storage of the water brought in by the City of Irving, provided that the use would not be terminated prior to the year 2002. F. That the City of Irving supports the City of Denton's rights to utilize Irving's water flows for the generatIon of hydroelectric power at the Lake Lewisville outlet works ~f the water flows to a downstream plant. G. That the City of Irving will support the Upper Trinity Municipal Water Authority or such other Denton County area regional water agency's opportunity to participate in oversizing the proposed pipeline from Cooper Reservoir to Lake LeWlsville if such participation is mutually beneficial. ~ That the above stated principles are for negotiating purposes only and that this resolution ls not intended to be an agreement in and of itself. ~ That this resolution .shall become effective immediately upon its passage and approval PASSED ~D APPROVED this the /~ day of ~1988 ATTEST: ~N~ ~T~RS, CITY SECRETLY APPROVED AS TO lEGAL FO~: DEB~ AD~I D~YOVITCH, CITY ATTO~EY A RESOLUTION AUTHORIZING THE CONDEMNATION OF REAL PROPERTY LOCATED WITHIN LOTS l, 2, 3, AND 4, BLOCK P, OF THE NORTHWOOD ADDITION, NO. 7A, AS MORE PARTICULARLY DESCRIBED HEREIN, TO PROVIDE FOR CERTAIN DRAINAGE AND UTILITY IMPROVEMENTS; AND DECLARING AN EFFECTIVE DATE ~E~AS, the City Council of the City of Denton has dete~lned that it is necessary to ac~lre the easements described herein in order to make certain drainage and utility improvements; and WHE~AS, the City of Denton has been unable to agree with the owners of the real property upon the value of the easements to be acquired; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: ~ That the City Attorney of the City of Denton is authorized and directed to bring condemnation proceedings to obtain the following described easements: 1. A drainage and utility easement in the property described in Exhibit "A", attached hereto and incorporated herein by reference. 2. A drainage easement in the property described in Exhibit "B", attached hereto and incorporated herein by reference. 3. A utility easement in the property described in Exhibit "C", attached hereto and incorporated herein by reference. ~ That this resolution shall become effective immediately upon its passage and approval. A~: ~ iFER~A~ERS, CITY SECRETARY APPROVED AS TO LEGAL FO~: DEBRA AD~I DRAYOVITCH, CITY ATTORNEY EXHIBIT "A" (Drainage and Utlllty Easement) ALL that certain lot, tract or parcel of land lying and being s~tuated ~n the C~ty and County of Denton, State of TexaS, and being p. art of the W. Pogue Survey, Abst. No 1012 and being part of Lots No 1, 2, 3, and 4, Block P of the Northwood Addition Installment A, an addition to the C~ty and County of Denton, and also of being part of a tract of land as conveyed from Universal Housing Development Company to Universal Management Corporation by deed dated February 9, 1976 and recorded ~n Volume ~i~ Page 661 of the Deed Records of Denton County, Texas, and partIcularly described as follows COMMENCING at the northern most southwest corner of Lot 1 of sa~d addition, sa~d point being the northwest corner of Lot Block J of the Northwood Addition, 5th Installment, sa~d point also lying ~n the southeast r~ght-of-way l~ne of Burning Tree Lane; THENCE south 52° 25' east along the southwest boundary line of sa~d Lot 1 and the northeast boundary l~ne of sa~d Lot 15 a d~stance of 6.91 feet to the beginning of a curve to the left hawng a radxus of 195.00 feet, a central angle of 2° 55' 17 9" and chord bearing and length of south 55° 52' 38 9" east, 9.94 feet for corner, THENCE southeasterly along sa~d curve to the left same being the southwest boundary l~ne of sa~d Lot 1 and the northeast boundary l~ne of sa~d Lot 15 and arc d~stance of 9 94 feet to the POINT OF BEGINNING, said point lying xn the south boundary l~ne of an ex~stlng 80 0 foot drainage easement for corner, THENCE north 77° 55' east along the south boundary l~ne of sa~d ex~stlng 80.0 foot draxnage easement a d~stance of 174 42 feet to the beginning of a curve to the left having a radius of 356 52 feet, a central angle of 40° 0' and a chord bearing ~n length of north 57° 55' east, 243.87 feet, for corner, THENCE northeasterly along sa~d curve to the left, same being the southeast boundary l~ne of sa~d ex~stlng 80 0 foot drainage easement passing at an arc d~stance of 41 55 feet the east boundary l~ne of saxd Lot 1 and the west boundary l~ne of said Lot 2, continuing along the southeast boundary l~ne of sa~d ex~st~ng 80.0 foot drainage easement passing at an arc d~stance of 187.88 feet, the northeast boundary l~ne of saxd Lot 2 and the southwest boundary line of said Lot 5 and continuing along the southeast boundary l~ne of sa~d ex~stlng 80 0 foot drainage easement for a total arc d~stance of 248 90 feet to a point for corner, THENCE north 57° 55' east along the southeast boundary l~ne of sa~d ex~st~ng 80 0 foot drainage easement passing at 67 08 feet the northeast boundary l~ne of sa~d Lot 5 and the southwest EXHIBIT "A" Drainage ~ Utlllt~ Easement page 2 boundary l~ne of sa~d Lot 4, and continuing along the southeast boundary l~ne of sa~d ex~stlng 80 0 foot drainage easement for a total d~stance of 201.45 feet to the eastern most corner of sa~d Lbt 4, sa~d point also being the westerly northwest corner of Lot S, Block J of sa~d addition, said point also lying ~n the southern most point of an existing drainage easement as recorded ~n Block D of said addition for corner, THENCEI south 25° 1S' along the southeast boundary l~ne of sa~d Lot 4 and the northwest boundary line of Lot S, Block J passing at 137 57 feet the southeast corner of said Lot 4 and the northeast corner of sa~d Lot 3, and continuing along the southeast boundary l~ne of sa~d Lot 3 and the northwest boundary l~ne of sa~d Lot $ passing the southwest corner of sa~d Lot S and the northern most corner of Lot 6, Block J of sa~d addition and continuing along the southeast boundary l~ne of sald Lot 3 and the northwest boundary l~ne of said Lot 6 pass~n~g at 292.37 feet the southern most corner of sa~d Lot 3 and the northerly southeast corner of sa~d Lot 2, same being the southwest corner of sa~d Lot 6 and the northwest corner of Lot 7, Block J of sa~d addition, and continuing along the southeast boundary l~ne of sa~d Lot 2 and the northwest boundary l~ne of sa~d Lot 7 for a total d~stance of 396 32 feet to a point for corner; THENCE south 1° 32' west along the westerly east boundary l~ne of sa~d Lot 2 a d~stance of 10 0 feet to the southern most southeast corner of said Lot 2 same being the northeast corner of Lot 9, Block J of sa~d addition for corner, THENCE north 88° 28' west along the south boundary l~ne of sa~d Lot 2 and the north boundary l~ne of said Lot 9 passing at lOS SS feet the southwest corner of sa~d Lot Z and the southeast corner of said Lot 1, same being the northwest corner of said Lot 9 and the northeast corner of Lot 10, Block J of sa~d addition and continuing along the south boundary l~ne of sa~d Lot 1 and the north boundary l~ne of sa~d Lot 10, passing the northwest corner of said Lot 10 and the northeast corner of Lot 11, Block J of sa~d addition and continuing along the south boundary l~ne of saxd Lot 1 and the north boundary l~ne of sa~d Lot 11 a total d~stance of 224 10 feet to the beginning of a curve to the r~ght having a radius of 195.00 feet, a central angle of 33° 7' 42 1 " and a chord bearing and length of north 71° 54' 08 9" west, 111.18 feet, THENCE northwesterly along sa~d curve to the r~ght, same being the southwest boundary l~ne of sa~d Lot 1 and the northeast boundary l~ne of sa~d Lot 11 passing the northwest corner of said Lot 11 and the northeast corner of Lot 12, Block J of sa~d addition and continuing along sa~d curve, passing the northwest corner of said Lot 12 and the northeast corner of Lot 13, Block J of sa~d addition and continuing along the southwest boundary l~ne of sa~d Lot 1 and the northeast boundary line of sa~d Lot 13 for a total arc d~stance of 112 75 feet to the Point of Beginning and containing 0 8501 acres of land. EXHIBIT "B" (Dratnage Easement) ALL that certain lot, tract or parcel of land lying and being s~tuated in the C~ty and County of Denton, State of Texas, and being, part of the ~. Pogue Survey, Abst. No 1012 and being part b£ Lot No. 1, Block P of the Northwood No. 7A Addition, an addition to the C~ty and County of Denton, and also of being part of a tract of land as conveyed from Universal Housing Development Company to Universal Management Corporation by deed dated February 9, 1976 and recorded in Volume 773, Page 661 of the Deed Records of Denton County, Texas, and more particularly described as follows. COMME'NCING at the northwest corner of sa~d Lot 1, sa~d point lying at the ~ntersect~on of the east r~ght-of-way of Burning Tree Lane and the south right-of-way l~ne of Old Lee Court, THENCE southwesterly along a curve to the left, same being the east right-of-way line of sa~d Burning 2ree Lane and the west boundary line of sa~d Lot 1, hawng a radius of 100 ft, a central angle of 20° 03' 00" and a chord bearing and length of south 12° 5' 22.4" west, 34.82' to the Point of Beg~nntng, THENCE south 35° 42' 41" east a d~stance of 74 38' to a potnt lying tn the north boundary line of an ex~st~ng 80' drainage easement, sa~d point also lying 100' southeast of and perpendicular to the northerly boundary l~ne of satd Lot 1, THENCE south 77° 35' 00" west along the north boundary ltne of said drainage easement a d~stance of 27 22' to a potnt for corner, THENCE ,orth 35° 42' 41" west a d~stance of 52.33' to a point lying tn the west boundary ltne of said Lot 1 and the east right-of-way l~ne of sa~d Burntng Tree Lane, satd point also lying ~n a curve to the left having a radius of 100' and a central angle of 12o 45' 13.03", and a chord bearlng and length of north 29° 59' 55.4" east 27.43' for corner, THENCE northeasterly along sa~d curve to the left, same betng the west boundary l~ne of sa~d Lot 1 and east r~ght-of-way l~ne of sa~d Burning Tree Lane an arc d~stance of 27.51' to the point of beginning and containing 1,50§ 58 square feet of land 0535E/37 EXHIBIT "C" (Utility Easement) ALL that certain lot, tract or parcel of land lying and being sttuated ~n the C~ty and County of Denton, State of Texas, and being part of the W. Pogue Survey, Abst. No. 1012 and being part of Lot No. 4, Block P of the Northwood Addition, Installment 7A, an add~tton to the C~ty and County of Denton, and also of being part of a tract of land as conveyed from Untversal Housing Development Company to Universal Management Corporation by deed dated February 9, 1976 and recorded tn Volume 773, Page 661 of the Deed Records of Denton County, Texas, and more parttcularly described as follows COMMENCING at the westerly southwest corner of Lot 4, Block P of sa~d addition same being the northerly northwest corner of Lot 3 of sa~d addition, sa~d point also lying in the southeast rtght-of-way l~ne of Old Lee Court, sa~d point betng the beg~nn~ of a curve to the left hav~ng a radius of 50 feet, a central angle of 10° 34' 28.9" and a chord bearing and length of north 32° 14' 29.4" east, 9.22 feet, THENCE northeasterly along sa~d curve to the left same betng the northwest boundary l~ne of satd Lot 4 and the southeast r~ght-of-way l~ne of sa~d Old Lee Court an arc distance of 9.23 feet to the POINT OF BEGINNING, sa~d potnt being the begtnn~ng of a curve to the left having a radius of 50 feet a central angle of 19° 0.7' 04.8" and a chord bearing and length of north 170 23' 42 6" east, 16.61 feet, THENCE northeasterly along satd curve to the left, same betng the westerly boundary l~ne of sa~d Lot 4 and the easterly r~ght-of-way l~ne of Old Lee Court and arc d~stance of 16.68 feet to a point for corner, THENCE south 88° 08' 06.4" east a dtstance of 195.58 feet to a point lying tn the northeast boundary l~ne of satd Lot 4 and the southwest boundary l~ne of an ex~st~ng drainage easement as platted tn Block D of sa~d Northwood Addition for corner, THENCE south 43° 03' 30" east along the northeast boundary l~ne of sa~d Lot 4 and the southwest boundary l~ne of sa~d extst~ng drainage easement a d~stance of 22.60 feet to a point for corner, THENCE ,~orth 88° 08' 06.4" west a d~stance of 215 98 feet to the Point of Beginning and containing 3284 82 square feet of land. 0535E/36 NO, 88-14316-A CITY CE DENTON, TEXAS § CONDEMNATION PROCEEDINGS V. § IN THE COUNTY COURT AT LAW NO 1 UNIVERSAL MANAGEMENT CORP. § DENTON COUNTY, TEXAS AWARD OF SPECIAL COMMISSIONERS On the 1st day of June, 1990, at the Courthouse on the Square, Denton, Texas, this proceeding was heard by the Special Commis- sioners, whose names and signatures appear below, for the purpose of assessing the damages resulting from this proceeding in eminent domain in which the plaintiff is the CITY OF DENTON, TEXAS, and the defendant is UNIVERSAL MANAGEMENT CORPORATION The Special Commis- sioners proceeded to hear evidence and arguments and made the following findings: 1. That on January 23, 1989, the city of Denton, Texas, as petitioner, filed it First Amended Petition for Condemnation with the County Clerk, Denton County, Texas, wherein upon the facts and for the purposes therein stated, it seeks a decree of condemnation vesting in the petitioner the following Interests in the land described for the purposes stated, as follows' A. An all-purpose utility and drainage easement in the land described in Exhibit "A", attached hereto and Incorpo- rated herein by reference, for the purpose of construct- ing, reconstructing, installing, repairing, and main- taining stormwater drainage improvements and utilities in, upon, and across the land, with the r~ght of having ingress and egress in and across the land for the purpose of maintaining, repairing, improving, or making addltzons to the stormwater drainage improvements and utilities B. A drainage easement in the land described in Exhibit "B", attached hereto and incorporated herein by reference, for the purpose of constructing, reconstructing, installing, repairing and maintaining stormwater drainage Improve- ments in, upon, and across the land, with the right and privilege at all times of having Ingress and egress in and across the land for the purpose of maintaining, repairing, improving, or making additions to the drainage improvements. C. An all-purpose utility easement in the land described in Exhibit "C", attached hereto and incorporated herein by reference, for the purpose of constructing, reconstruct- ing, installing, repairing, and maintaining utilities in, upon, and across the land, with the right and privilege at all times of having ingress and egress In, upon, and across the land for the purpose of maintaining, repair- lng, improving, or making additions to the utilities. 2. That on November 18, 1988, upon consideration of Plaintlff~s Petltlon for Condemnation, the Judge of the County Court at Law No. 2 of Denton County, Texas, appointed Stephen R. Reese, Don Wlndle, and Royce Coleman, three disinterested freeholders of Denton County, Texas as Special Commissioners, to assess the damages resulting from this proceeding in eminent domain. 3. That the Special Commissioners were duly qualified and each took the oath prescribed by law in which each swore to assess the damages fairly and impartially and in accordance with law. Copies of the oaths are on file with the papers in this proceeding 4 That on May 9, 1990, the Special Commissioners by written Order Setting Hearing Before Commissioners, designated June 1, 1990, at 10:00 a.m., at the County Commissloner~s Courtroom, 2nd Floor, Courthouse on the Square, 110 W. Hickory in the City of AWARD OF COMMISSIONERS/Page 2 Denton, Denton County, Texas, as the time and place for hearing the parties. The day designated was the earliest practicable time and date and the place designated which the property is situated. 5. That on May 9, 1990, the Special Commissioners Issued a written Notice of Hearing, directed to the defendant UNIVERSAL MANAGEMENT CORPORATION and the defendant was given notice of the date and time of hearing by delivering a copy of the Notice of Hearing, with attached First A/nended Petition for Condemnation, to the registered agent of UNIVERSAL MANAGEMENT CORPORATION, Mark D. Dopkln, 20 S. Charles Street, Baltimore, Maryland. As shown on the Certificate of Service attached to the Notice on file in the papers in this proceeding, the Notice of Hearing was served on defendant not later than the llth day before the day set for the hearing by a person competent to testify. 6. That on the 1st day of June, 1990, the Special Commissioners did convene and the following named parties appeared in person or by their attorneys~ The plaintiff, CITY OF DENTON, TEXAS, repre- sented by its attorney, Joe D. Morris~ the defendant, UNIVERSAL MANAGEMENT CORPORATION, 7. That after hearing the evidence and arguments as to the value of property sought to be condemned, the injury to the property owner, the benefit to the property owner's rems~nlng AWARD OF COMMISSIONERS/Page 3 property, and the use of the property for the purpose of the condemnation, the Special Commissioners ~ld find and determine and accordingly assess damages to be paid by the Petitioner for this condemnation proceeding, according to the rules of damages set forth in Chapter 21 of the~PropertX Co~e of Texas, in the total The costs of this proceeding are adjudged against the City of Denton. RENDERED this the 1st day of June, 1990. Stephen E. Reese Special Commissioner Special CommIssioner Royce Coleman Special Commissioner AWARD OF COMMISSIONERS/Page 4 VOL28 I S The foregoing decision and Award was filed with me on the ~ day of June, 1990. IT IS ORDERED that each Special Commissioner receive the sum of $ ~ ' as a reasonable fee for services in this proceeding. SIGNED the ~ day of June, 1990. UNIVAWRD AWARD OF COMMISSIONERS/Page 5 VOL2 [ I pGOO 3 EXHIBIT "A" (Dralnage and Utility Easement) 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. Pogue Survey, Abst. No. 1012 and being part of Lots No. 1, 2, 3, and 4, Block P of the Northwood Addltlon Installment A, an addltlon to the City and County of Denton, and also of being part of a tract of land as conveyed from Universal Housing Development Company to Universal Management Corporation by deed dated February 9, 1976 and recorded in Volume 773, Page 661 of the Deed Records of Denton County, Texas, and more particularly described as follows: COMMENCING at the northern most southwest corner of Lot 1 of said addltldn, said point being the northwest corner of Lot 13, Bloc~ J of the Northwood Addition, 5th Installment, said point also lying in the southeast right-of-way l~ne of Burning Tree Lane; THENCE south 52° 25' east along the southwest boundary llne of said Lot 1 and the northeast boundary lzne of said Lot 13 a distance of 6.91 feet to the beginning of a curve to the left havlng a radius of 195.00 ~eet, a central angle of 2° 55' 17.9" and chord bearing and length of south 53° 52' 38.9" east, 9.94 feet for corner; THENCE southeasterly along said curve to the left same being the southwest boundary line of said Lot 1 and the northeast boundary line of sa~d Lot 13 an arc distance of 9.94 feet to the POINT OF BEGINNING, sald point lying in the south boundary line of an existing 80.0 foot drainage easement for corner; THENCE north 77° 35' east along the south boundary line of said existing 80.0 foot drainage easement a distance of 174.42 feet to the beginning of a curve to the left having a radius of 356.52 feet, a central angle of 40° 0' and a chord bearing and length of north 57° 35' east, 243.87 feet, for corner; THENCE northeasterly along said curve to the left, same being the southeast boundary line of sald existing 80.0 foot dralnage ease- ment passing at an arc distance of 41.53 feet the east boundary line of said Lot 1 and the west boundary line of sald Lot 2, continuing along the southeast boundary line of sa~d existing 80.0 foot drainage easement passing at an arc distance of 187.88 feet, the northeast boundary line of said Lot 2 and the southwest boundary line of said Lot 3 and continuing along the southeast boundary llne of said existing 80.0 foot drainage easement for a total arc distance of 248.90 feet to a point for corner; THENCE north 37° 35' east along the southeast boundary llne of said existing 80.0 foot drainage easement passing at 67.08 feet the northeast boundary line of said Lot 3 and the southwest boundary llne of said Lot 4, and continuing along the southeast boundary line of said existing 80.0 foot dralnage easement for EXHIBIT "A" (Continued) a total distance of 201.45 feet to the eastern most corner of said Lot 4, said point also being the westerly northwest corner of Lot 5, Block J of said addition, said point also lying in the southern most point of an existing drainage easement as recorded in Block D of said addition for corner; THENCE south 25° 15' west along the southeast boundary line of said Lot 4 and the northwest boundary line of Lot 5, Block J passing at 137.57 feet the southeast corner of said Lot 4 and the northeast corner of said Lot 3, and continuing along the south- east boundary line of said Lot 3 and the northwest boundary line of said Lot 5 passing the southwest corner of said Lot 5 and the northern most corner o£ Lot 6, Block J of said addition and continuing along the southeast boundary line of said Lot 3 and the northwest boundary line of said Lot 6 passing at 292.37 feet the southern most corner of said Lot 3 and the northerly south- east corner of sa~d Lot 2, same being the southwest corner of sa~d Lot 6 and the northwest corner of Lot 7, Block J of sa~d addition, and continuing along the southeast boundary line of said Lot 2 and the northwest boundary line bi sa~d Lot 7 for a total distance of 396.32 feet to a point for corner; THENCE south 1O 32' west along the westerly east boundary line of said Lot 2 a distance of 10.0 feet to the southern most south- east corner of said Lot 2 same belng the northeast corner of Lot 9, Block J of said addition for corner; THENCE north 88° 28' west along the south boundary line of said Lot 2 and the north boundary line of said Lot 9 passing at 105.55 feet the southwest corner of said Lot 2 and the southeast corner of said Lot 1, same belng the northwest corner of said Lot 9 and the northeast corner of Lot 10, Block J of said addition and con- tlnulng along the south boundary l~ne of said Lot 1 and the north boundary line of said Lot 10, passing the northwest corner of sa~d Lot 10 and the northeast corner of Lot 11, Block J of said addition and continuing along the south boundary line of sa~d Lot 1 and the north boundary line of sald Lot 11 a total distance of 224.10 feet to the beginning of a curve to the right havlng a radius of 195.00 feet, a central angle of 33° 7' 42.1" and a chord bearing and length of north 71° 54' 08.9' west, 111.18 feet; THENCE northwesterly along said curve to the r~ght, same being the southwest boundary line of said Lot 1 and the northeast boundary line of sald Lot 11 passing the northwest corner of said Lot 11 and the northeast corner of Lot 12, Block J of said addition and contlnulng along said curve, passing the northwest corner of said Lot 12 and the northeast corner of Lot 13, Block J of said addltion and continuing along the southwest boundary line of sa~d Lot 1 and the northeast boundary llne of said Lot 13 for a total arc distance of 112.75 feet to the Po,nt of Beginning and containing 0.8501 acres of land. 2949/2 EXHIBIT (Drainage Easement) ALL that certain lot, tract or parcel of land lying and being s~tuated in the City and County of Denton, State of Texas, and being part of the W. Pogue Survey, Abst. No. 1012 and being part of Lot No. 1, Block P of the Northwood No. 7A Additlon, an addltlon to the C~ty and County of Denton, and also of being part of a tract of land as conveyed from Universal Housing Development Company to Universal Management Corporation by deed dated February 9, 1976 and recorded ~n Volume 773, Page 661 of the Deed Records of Denton County, Texas, and more particularly described as follows' COMMENCING at the northwest corner of sald Lot 1, sa~d polnt lying at the intersection of the east r~ght-of-way of Burning Tree Lane and the south r~ght-of-way llne of Old Lee Court; THENCE southwesterly along a curve to the left, same bexng the east r~ght-of-way llne of sald Burnlng Tree Lane and the west boundary l~ne of sald Lot 1, havxng a radlus of 100 ft, a central angle of 20° 03' 00" and a chord bearing and length of south 12° 5' 22.4" west, 34.82' to the Polnt of Beginning; THENCE south 35° 42' 41" east a distance of 74.38' to a point lying in the north boundary llne of an exlstlng 80' dralnage easement, said polnt also lying 100' southeast of and perpendicular to the northerly boundary line of sa~d Lot 1; THENCE south 77° 35' 00" west along the north boundary l~ne of sa~d drainage easement a dlstance of 27.22' to a point for corner; THENCE north 35° 42' 41" west a dlstance of 52.33' to a point lylng in the west boundary llne of sald Lot 1 and the east r~ght-of-way llne of said Burning Tree Lane, said point also lying in a curve to the left having a radius of 100' and a central angle of 12° 45' 13.03", and a chord bearlng and length of north 29° 59' 55.4" east 27.43' for corner; THENCE northeasterly along said curve to the left, same being the west boundary line of said Lot 1 and east rlght-of-way l~ne of sa~d Burning Tree Lane an arc dxstance of 27.51' to the point of beginning and containing 1,566.58 square feet of land. 2949L/4 '/0L28 J q p60 8 ? EXHIBIT "C" (utility Easement) ALL t~at certain lot, tract or parcel of land lying and being situated zn the C~ty and County of Denton, State of Texas, and being part Of the W. Pogue Survey, Abst. No. 1012 and being part of Lot No. 4, Block P of the Northwood Addition, Installment 7A, an addiction to the C~ty and County of Denton, and also of being part Qf a tract of land as conveyed from Universal Housing Development company to Universal Management Corporation by deed dated 'February 9, 1976 and recorded ~n Volume 773, Page 661 of the Deed Records of Denton County, Texas, and more particularly described as follows: COMMENCING at the westerly southwest corner of Lot 4, Block P of sa~d addxtzon same beznq ~the northerly northwest corner of Lot 3 of sa~d addztxon, sa~d point also lying in the southeast r~ght- of-way line of Old Lee Court, sa~d poxnt being the beginning of a curve to the left havxng a radius of 50 feet, a central angle of 10° 34' 28.9" and a chord bearing and length of north 32° 14' 29.4" east, 9.22 feet; THENCE northeasterly along sa~d curve to the left same being the northwest boundary l~ne of saxd Lot 4 and the southeast rxght-of- way l~ne of sa~d Old Lee Court an arc d~stance of 9.23 feet to the POINT OF BEGINNING, sa~d point being the begxnn~ng o~ a curve to the left havzng a radius of 50 feet a central angle of 19° 0.7' 04.8" and a chord bearing and length of north 17° 23' 42.6" east, 16.61 feet; THENCE northeasterly along sa~d curve to the ]eft, same being the westerly boundary l~ne of sa~d Lot 4 and the easterly r~ght-of-way l~ne of Old Lee Court and arc distance of 16.68 feet to a point for corner; THENCE south 88° 08' 06.4" east a d~stance of 195.58 feet to a point lyxng xn the northeast boundary l~ne of sa~d Lot 4 and the southwest boundary lxne of an ex,st~ng drainage easement as platted ~n Block D of saxd Northwood Addition for corner; THENCE south 43° 03' 30" east along the northeast boundary l~ne of said Lot 4 and the southwest boundary l~ne of sa~d exxst~ng drainage easement a distance of 22.60 feet to a point for corner; THENCE north 88° 08' 06.4" west a distance of 215.98 feet to the Point of Beginning and containing 3284.82 square feet of land. 2949L/3 '/0[ 2 8 I ~ PG0 0 2 8 REAl PROP~ PT¥ RECORDS NO. 88-14316-A CITY OF DENTON, TEXAS § CONDEMNATION PROCEEDINGS V § IN THE COUNTY COURT AT LAW NO. 1 UNIVERSAL MANAGEMENT CORP. § DENTON COUNTY, TEXAS JUDGMENT OF COURT IN ABSENCE OF OBJECTION The court has considered the award of the special commission- ers filed on June 1, 1990, in the above-entitled condemnation proceeding in which the CITY OF DENTON is plaintiff and UNIVERSAL MANAGEMENT CORPORATION is defendant The court f~nds that no objection to the award was filed by any party within the time required by law. It ~s therefore ORDERED: (1) That the Commissioners' award is adopted as the Judgment of th~s court; (Z) That th~s judgment and the award be recorded in the minutes of this court; (3) That by reason of the decision of the Special Commission- ers, the plaintiff ~s entitled to condemn and have judgment against defendant Universal Management Corporation for the following interests in the land described and for the purposes stated as follows: A. An all-purpose utility and drainage easement in the land described ~n Exhibit "A", attached hereto and Incorpo- rated herein by reference, for the purpose of construct- ing, reconstructing, installing, repairing, and main- taining stormwater drainage improvements and utilities · n, upon, and across the land, with the right of having · ngress and egress ~n and across the land for the purpose of maintaining, repairing, improving, or making additions to the stormwater drainage improvements and utilities. B. A drainage easement in the land described in Exhibit "B", attached hereto and incorporated herein by reference, for the purpose of constructing, reconstructing, installing, repairing and maintaining etormwater drainage improve- ments in, upon, and across the land, with the right and privilege at all times of having Ingress and egress in and across the land for the purpose of maintaining, repairing, improving, or making additions to the drainage improvements. C. An all-purpose utility easement in the land described in Exhibit "C", attached hereto and incorporated herein by reference, for the purpose of constructing, reconstruct- lng, installing, repairing, and maintaining utilities in, upon, and across the land, with the right and privilege at all times of having ingress and egress in, upon, and across the land for the purpose of maintaining, repair- lng, improving, or making additions to the utilities. (4) It further appears that the plaintiff has deposited in the registry of the Court the amount of damages awarded by the Special Commissioners against the plaintiff and it is therefore ordered that, if necessary, a writ of possession for such property issue in favor of plaintiff. Signed this J~ day of ~L~ , 1990 J~6~ge, county court at Law No. 1 /~enton County, Texas VOL28 I 3' P6 030 EXHIBIT (Drainage and Utility Easement) ALL that certain lot, tract or parcel of land lying and being s~tuated in the C~ty and County of Denton, State of Texas, and being part of the W. Pogue Survey, ADst. No. 1012 and being part of Lots NO. 1, 2, 3, and 4, Block P of the Northwood Addlt~on Installment A, an addition to the City and County of Denton, and also of being.part of a tract of land as conveyed from Universal Housing Development Company to Universal Management Corporation by deed dated February 9, 1976 and recorded ~n Volume 773, Page 661 of the Deed Records of Denton County, Texas, and more particularly described as follows: COMMENCING at the northern most southwest corner of Lot 1 of sa~d addition, said point being the northwest corner of Lot 13, Block J of the Northwood Addition, 5th Installment, said point also lying in the southeast right-of-way line of Burning Tree Lane; THENCE south 52° 25' east along the southwest boundary line of said Lot 1 and the northeast boundary l~ne of said Lot 13 a d~stance of 6.91 feet to the beg~nnlng of a curve to the left hav~ng a radius of 195.00 feet, a central angle of 2° 55' 17.9" and chord bearing and length of south 53° 52' 38.9" east, 9.94 feet for corner; THENCE southeasterly along sa~d curve to the left same being the southwest boundary l~ne of said Lot 1 and the northeast boundary line of said Lot 13 an arc d~stance of 9.94 feet to the POINT OF BEGINNING, said point lying ~n the south boundary l~ne of an ex~stlng 80.0 foot drainage easement for corner; THENCE north 77° 35' east along the south boundary line of said exlstlng 80.0 foot drainage easement a distance of 174.42 feet to the beginning of a curve to the left having a radius of 356.52 feet, a central angle of 40° 0' and a chord bearing and length of north 57° 35' east, 243.87 feet, for corner; THENCE northeasterly along said curve to the left, same being the southeast boundary llne of sa~d exlstlng 80.0 foot drainage ease- ment passing at an arc dlstance of 41.53 feet the east boundary line of said Lot 1 and the west boundary l~ne of said Lot 2, continuing along the southeast boundary line of said existing 80.0 foot dralnage easement passlng at an arc distance of 187.88 feet, the northeast boundary line of said Lot 2 and the southwest boundary line of said Lot 3 and continuing along the southeast boundary l~ne of sa~d ex~st~ng 80.0 foot drainage easement for a total arc d~stance of 248.90 feet to a point for corner; THENCE north 37° 35' east along the southeast boundary line of said existing 80.0 foot drainage easement passing at 67.08 feet the northeast boundary line of said Lot 3 and the southwest boundary l~ne of said Lot 4, and contlnu~ng along the southeast boundary line of sald existlng 80.0 foot drainage easement for EXHIBIT "A" (Contznued) a total d~stance of 201.45 feet to the eastern most corner of sa~d Lot 4, sa~d point also being the westerly northwest corner of Lot 5, Block J of said addition, sa~d point also lylng ~n the southern most point of an ex~stlng drainage easement as recorded ~n Block D of sa~d addition for corner, THENCE south 25° 15' west along the southeast boundary l~ne of sa~d Lot 4 and the northwest boundary l~ne of Lot 5, Block J passing at 137.57 feet the southeast corner of said Lot 4 and the northeast corner of sa~d Lot 3, and continuing along the south- east boundary l~ne of sa~d Lot 3 and the nortnwest boundary l~ne of sa~d Lot 5 passing the southwest corner of sa~d Lot 5 and the northern most corner of Lot 6, Block J of sa~d addition and contlnu~ng along the southeast boundary line of sa~d Lot 3 and the northwest boundary l~ne of sa~d Lot 6 passing at 292.37 feet the southern most corner of sa~d Lot 3 and the northerly south- east corner of sa~d Lot 2, same being the southwest corner of sazd LOt 6 and the northwest corner of Lot 7, Block J of sa~d add~tlQn, and continuing along the southeast boundary l~ne of said Lot 2 and the northwest boundary lzne of sa~d Lot 7 for a total distance of 396.32 feet to a point for corner; THENCE south 1O 32' west along the westerly east boundary l~ne of sa~d Lot 2 a d~stance of 10.0 feet to the southern most south- east corner of sa~d Lot 2 same being the northeast corner of Lot 9, Block J of sa~d addition for corner; THENCE north 88° 28' west along the south boundary l~ne of sa~d Lot 2 and the north boundary l~ne of sa~d Lot 9 passing at 105.55 feet the southwest corner of said Lot 2 and the southeast corner of sa~d Lot 1, same being the northwest corner of sa~d Lot 9 and the northeast corner of Lot 10, Block J of said addition and con- t~nu~ng along the south boundary l~ne of sa~d Lot 1 and the north boundary l~ne of sa~d Lot 10, passing the northwest corner of sa~d Lot 10 and the northeast corner of Lot 11, Block J of sa~d addition and continuing along the south boundary l~ne of said Lot 1 and ~he north boundary line of sa~d Lot 11 a total dlstance of 224.10 feet to the beginning of a curve to the r~ght hav~ng a radius of 195.00 feet, a central angle of 33° 7' 42.1" and a chord bearing and length of north 71° 54' 08.9" west, 111.18 feet; THENCE northwesterly along sald curve to the r~ght, same being the southwest boundary l~ne of sazd Lot 1 and the northeast boundary line of sa~d Lot 11 passing the northwest corner of sa~d Lot 11 and the northeast corner of Lot 12, Block J of sa~d addition and continuing along sa~d curve, passing the northwest corner of said Lot 12 and the northeast corner of Lot 13, Block J of sa~d addltlon and continuing along the southwest boundary line of said Lot 1 and the northeast boundary l~ne of said Lot 13 for a total arc dlstance of 112.75 feet to the Polnt of Beginning and contalnlng 0.8501 acres of land. 2949/2 ' 0L28 I 3 'G0022 EXHIBIT (Drainage Easement) ALL that certain lot, tract or parcel of land lying and being situated in the C~ty and County of Denton, State of Texas, and being part of the W. Pogue Survey, Abst. No. 1012 and being part of Lot No. 1, Block P of the Northwood No. 7A Addition, an addition to the City and County of Denton, and also of being part of a tract of land as conveyed from Universal Housing Development Company to Universal Management Corporation by deed dated February 9, 1976 and recorded ~n volume 773, Page 661 of the Deed Records of Denton County, Texas, and more particularly described as follows: COMMENCING at the northwest corner of said Lot 1, said point lying at the ~ntersect~on of the east r~ght-of-way of Burnzng Tree Lane and the south rlght-of-way line of old Lee Court; THENCE southwesterly along a curve to the left, same being the east rlght-of-way l~ne of sa~d Burning Tree Lane and the west boundary line of said Lot 1, having a radius of 100 ft, a central angle of 20° 03' 00# and a chord bearlng and length of south 12° 5' 22.4" west, 34.82' to the Point of Beginning; THENCE south 35° 42' 41' east a distance of 74.38' to a point lying in the north boundary line of an existing 80' drainage easement, said point also lylng 100' southeast of and perpendicular to the northerly boundary l~ne of said Lot 1; THENCE south 77° 35' 00" west along the north boundary llne of said dralnage easement a distance of 27.22' to a point for corner; THENCE north 35° 42' 41' west a distance of 52.33' to a point lying in the west boundary llne of sa~d Lot 1 and the east rlght-of-way line of said Burning Tree Lane, sald point also lying in a curve to the left havlng a radius of 100' and a central angle of 12° 45' 13.03", and a chord bearing and length of north 29° 59' 55.4" east 27.43' for corner; THENCE northeasterly along sa~d curve to the left, same being the west boundary line of sa~d Lot 1 and east r~ght-of-way l~ne of sa~d Burning Tree Lane an arc d~stance of 27.51' to the point of beginning and containing 1,566.58 square feet of land. 2949L/4 VOL2 I 3 60033 EXHIBIT "C" (utllity Easement) ALL tha6 certain lot, tract or parcel of land lying and being s~tBated~ zn the City and county of Denton, State of Texas, and being part of the W. Pogue Survey, Abst. No. 1012 and bezng part of Lot No. 4, Block P of the Northwood Addition, Installment 7A, an ~dd~lon to the City and County of Denton, and also of being part of[ a tract of land as conveyed from Universal Housing Development company to Universal Management Corporatzon by deed dated February 9, 1976 and recorded in volume 773, Page 661 of the ~Deed'-Records of Denton County, Texas, and more particularly described as follows: COMMENCING at the we~ ~rly southwest corner of Lot 4, Block P of sa~d addition same being the northerly northwest corner of Lot 3 of sazd addltlon, said point also lying in the southeast right- of-way l~ne of old Lee Court, said point bezng the beglnnlng of a curve tO the left having a radius of 50 feet, a central angle of 10° 34' 28.9' and a chord bearing and length of north 32° 14' 29.4" east, 9.22 feet; THENCE northeasterly along sa~d curve to the left same being the northwest boundary l~ne of sa~d Lot 4 and the southeast rzght-of- way line of sald old Lee court an arc distance of 9.23 feet to the POINT OF BEGINNING, said point belng the beginning of a curve to the left having a radius of 50 feet a central angle of 19° 0.7' 04.8" and a chord bearlng and length of north 17° 23' 42.6" east, 16.61 feet; THENCE northeasterly along sazd curve to the left, same being the westerly boundary line of sa~d Lot 4 and the easterly right-of-way l~ne of Old Lee Court and arc d~stance of 16.68 feet to a point for corner; THENCE south 88° 08' 06.4" east a distance of 195.58 feet to a poznt lying ~n the northeast boundary line of sa~d Lot 4 and the southwest boundary lzne of an ex~st~ng drainage easement as platted, in Block D of sazd Northwood Addition for corner; THENCE south 43° 03' 30" east along the northeast boundary l~ne of sa~d Lot 4 and the southwest boundary l~ne of said exlst~ng drainage easement a dlstance of 22.60 feet to a point for corner; THENCE north 88° 08' 06.4' west a distance of 215.98 feet to the Point of Beglnnzng and containing 3284.82 square feet of land. 2949L/3 t835L RESOLUTION NO ~f A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT AN AMENDMENT TO THE FINAL STATEMENT OF OBJECTIVES AND PROJECTED USE OF FUNDS SUBMITTED IN JUNE, 1988 TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WITH APPROPRIATE VERIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Czty of Denton, Texas, is concerned with the development of vzable urban communzties, 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 entztlement city, has prepared, through a citizen participation process, a program for utilizing its fifth year entztlement funds in the approximate amount of $553,966, and WHEREAS, the City of Denton, Texas, had previously allocated an approximate amount of $369,000 of the entitlement funds for the purpose of funding housing rehabilitatzon, and WHEREAS, the City of Denton, Texas, now desires to reallocate an approximate amount of $15,000 of the funds appropriated for housing rehabilitation for the purpose of ~unding equipment purchases at the Martin Luther King, Jr Recreation Center, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON SECTION I. That the City Counczl of the City of Denton, Texas, authorizes the City Manager to sign and submit to the Department of Housing and Urban Development an amendment for the reallocation of funds to the 1987 Final Statement that was previously submitted for a grant application and approprzate assurance for entitlement funds under the Housing and Community Development Act of 1974, as amended SECTION II That the City Council of the Czty of Denton, Texas, authorizes the Executive Director of Plannzng and Community Development to handle all fiscal and administrative matters related to the amended final statement. SECTION III That this resolution shall become effective immediately upon its passage and approval. 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 ~, 1988. ATTEST ~IFE~'W~LTERS, C=Y S~CRETARY APPROVED AS TO LEGAL FORM DEB~ A D~YOVITCH, CITY ATTORNEY FILE REFERENCE FORM R88-069 X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILE(S) Date Initials Amendment to Lease Agreement - Resolution No. R94-025 06/07/94 Second Amendment to Airport Lease Agreement for FBO Activity - Ordinance No. 98-311 10/06/98 Third Amendment to Airport Lease Agreement for FBO Activity - Ordinance No. 99-468 12/07/99 Assignment of Airport Lease - Resolution No. R2001-063 10/16/01 Superseded by Airport Lease Agreement for FBO Activity - Ordinance No. 2004-380 12/07/04 2550L NOTE Amendment No 1 - Resolution R94-025 NOTE Amendment No 2 - Ordinance No 98-311 NOTE Amendment No 3 - Ordinance No 99-468 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A RESTATED LEASE AGREEMENT BETWEEN THE CITY AND AIRDENTON, INC , APPROVING AN AGREEMENT BETWEEN AIRDENTON, INC. AND DOBRANSKY ENTERPRISES, INC AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That the Mayor is hereby authorized to execute the Restated'"Lease Agreement between the City and AzrDenton, Inc., a copy of which is attached hereto and incorporated by reference herein. SECTION II. That the Agreement between AirDenton, Inc. and Dobr~nSky Enterprises, Inc., a copy of which is attached hereto and incorporated by reference herezn, is hereby approved. SECTION III. That this resolution shall become effective upon its passage"and approval. PASSED AND APPROVED this the/~day of ~ 1988. ATTEST' ~IFER~ALTERS, CITY SgCRETAR? APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 2549L/111088 THE STATE OF TEXAS § LEASE AGREEMENT FOR FIXED BASE OPERATION ACTIVITY BETWEEN cOUNTY OF DENTON § THE CITY AND AIRDENTON, INC THIS LEASE entered into this 30th day o£ Aust~oA~, 1988 by and between the City of Denton, ~nafter re-~d to as "LESSOR" and AtrDenton, Inc., a Texas corporation, having its principal ~lace of business in Denton, Texas, hereinafter referred to as LESSEE". WHEREAS, on August 30, 1988, the City Counczl authorized the execution of an amended airport lease agreement between the City of Denton and Maverick Aircraft, Inc., for and in consideration of among other things, the dismissal of the lawsuit styled Maverick Atrcraft~ Inc. vs. City of Denton, Cause No 88-1829-D~ Denton County District Court, and WHEREAS, on October 4, 1988, Tony A. Riley, and Group One, Inc., as lienholders, foreclosed on Maverick Aircraft, Inc.'s, rights zn and to said leasehold interest, and took Maverzck Aircraft, Inc's interest in said leasehold in satisfaction of debt owed by Maverick Aircraft, Inc., to Tony A. Riley and Group One, Inc., and WHEREAS, Tony A. Rzley and Group One, Inc have, ~or valuable consideration transferred and assigned to AirDenton, Inc. all of Tony A. Riley and Group One, Inc.'s interest in sazd leasehold, and WHEREAS, the parties wish to restate the lease agreement to reflect the fact that AtrDenton, Inc. now holds the lease, and to reflect the lessor's approval thereof, NOW, THEREFORE, in consideration of the mutual undertakings, agreements and covenants hereinafter set forth, the partzes heretO agree as follows ARTICLE I. CONDITIONS OF AGREEMENT A Principles of Operations. The right to conduct aeronautical activities ~or furnishing se'fvices to the public is granted the Lessee subject to Lessee agreeing 1. To furnish said services on a fazr, equal and not unoustly discriminatory basis to all users thereof, and 2. To charge fair, reasonable and not unjustly discriminatory prices for each unit or service, provided that the Lessee may be allowed to make reasonable and nondiscrzminatory discounts, rebates, or other similar types of price reductions to volume purchasers B. Non-Discrimination. The Lessee for itself, zts 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 r such land and the furnishing of services thereon, unde -- the -rounds of race, religion, color, sex, no person ou ~ or national origin shall be excluded from participatzon in, denied the benefits of, or otherwise be sub3ected 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, Non-discrimination in Federally Assisted Programs of the Department of Transportation-Effectual of Title VI of the Civil Rights Act of 1964, and as sazd Regulations may be amended. In the event of breach of any of the above non-discriminatory covenants, Lessor shall have the right to terminate the Lease and to reenter 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. Public Areas. 1. Lessor reserves unto itself, its successors and assigns for the use and benefit of the flying public, a right of flight for the passage of aircraft above the surface of the premises described herein, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft now known or hereafter used, for navigation of or flight in the said airspace, and for use of said airspace for landing on, taking off from, or operating on the Denton Municipal Airport. PAGE 2 2. 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 3. Lessor reserves the right to take any action it considers rotect the aerial approaches of the airport nec~ssary.t? P ~JA_ ~n~ether with the right to p~event agaznst o ..... ~o to be erected, any Lessee from erecting, or p~m~ building or other structure on or adoacent 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. ARTICLE II PREMISES AND PRIVILEGES For and in consideration of the terms, condztions and covenants of this Lease to be performed by Lessee, all of which Lessee acceptS, City hereby leases to Lessee and Lessee hereby hires and takes from City certain property (hereznafter called "leased premises", Exhibit A), located at the Denton Municipal Airport and certain non-exclusive attendant privileges, uses and rights, as hereinafter specifically set out A. DESCRIPTION OF PREMISES DEMISED That the Lessor hereby leases to the Lessee and the Lessee does hereby accept and rent from the Lessor that tract of land, together with improvementS situated here on, described as follows A tract of land consisting of approximately 9.1 acres or 392,040 square feet as depicted in Exhibit "A", attached hereto and incorporated herein by reference, and having the following metes and bounds (metes and bounds description to be provided by Lessor within 45 days of the date of execution hereof) Lessee will have the right of ingress and egress and use of the fuel farm existing on August 30, 1988, which zs further PAGE 3 described as follows (metes and bounds description to be provided by Lessor within 45 days of the date of execution hereof) Should the fuel level in any tank fall below 2,000 gallons for more than 60 days, Lessor may take over use of sazd tank, upon reimbursement for the wholesale cost of fuel then in the tank. B. USE OF ADDITIONAL PROPERTY If, during the term of the primary lease, Lessee decides to construct additional facilities or to expand its operations into the area marked "D" on the attached Exhibit A, then Lessee shall so notify Lessor. The use of and terms of lease of any such space shall be subject to negotiation between the parties and the terms of this lease shall essarilv aDnly. However, should some other party make a not nec ~ ~ ~L ~=_ ~,~ ~ lease any of such property, then bona fide o~er ~o L~.~ ~,- ~ --~..~o~ ~ ~eet the fznanclal Lessee shall have the rzgnt o~ ~zrs~ ~o ..... and other terms of any such offer including the fees and considera- tzon offered by such third party to the City. Lessee must exer- cise said right within 30 days from the date of notice by Lessor C. TERM To have and hold the said premzses together with all improvements, appurtenances, rights, and privileges thereunto belonging or zn any wise appertaining, unto the said Lessee for a this agreement term of years, beginning the date fzrst set out in and ending August 30, 2009 (the primary term) unless so terminated on an earlier date under any other provisions of thzs Agreement Lessor shall grant to Lessee the right to extend the term of this Lease for an additional ten (10) year period from the date of expiration of said primary term, if Lessee shall construct capital ~mprovements, as defined below, of a total value of not less than $174,999.00 not later than the times set out in the following schedule 1. Lessee shall construct capztal improvements (improvements, constructed by Lessee, which are fzxed to the leasehold premises), equal in value to not less than $58,333.00, which shall be completed on or before August 31, 1993 2. Lessee shall construct additional fixed capital improve- ments equal in value to $58,333.00, which shall be com- pleted on or before August 31, 1998. 3. Lessee shall construct additional fixed capital zmprove- ments equal in value to $58,333.00, which shall be completed on or before August 31, 2003. 4. Lessee must notify Lessor, zn writzng, not later than August 31, 2003, of its intent to exercise its rights of extension. PAGE 4 The rental rate during said extended term for the 9.1 acre tract shall be not less than the rental rate contained zn the lease most recently executed by Lessor o~,2~~ before September 1, 2008 for property which is classified as on the attached map, being exhibit "B". The rental rate for the extended term shall be set by the City on or before September 1, 2008 and Lessee shall have ten (10) days from the date of notzfication by City of said rate to accept or reject said optzon to extend the Lease. D. USE OF PREMISES Lessee is granted the non-excluszve privilege to engage in or provide the following Lessee is required and is hereby granted the non-exclusive privilege to engage in the buszness of and provide the services of a full and complete fixed base operator. It zs expressly understood and agreed that the non-exclusive rzght to conduct aeronautical activities for furnishing services to the publzc, including the delivery of fuel into aircraft zs granted to the Lessee subject to the provisions set forth herein and all applicable ordinances of the City of Denton. Lessee, its tenants and sublessees shall not be authorized to conduct any services not specifically listed zn this Agreement. The use of the leased premises of Lessee, its tenants or sub- lessees shall be limited as follows 1. The right and privilege to engage in commercial aviation activities, hereby defined as those activities which involve the, sale of aviation services for profit to the general public and shall include The maintenance and servicing of aircraft, which right shall inc'lude overhauling, rebuildzng, repairing, in- spection, and licensing of same and the purchase and sale of parts, equipment, and accessorzes therefor. 2. The sale of aircraft fuels, lubricants, and propellants within the leased area and at such other areas that may be designated by Airport Manager 3. The storing of aircraft in hangars or on tiedown areas owned or operated by the Lessees 4. The sale of said fuels, lubricants, and propellants shall include the right to use vehicles necessary for the servicing of aircraft 5. The operation of a business of buying and selling new and used aircraft, aircraft parts, and accessorzes therefore, and aviation equipment of all descriptions either at retail, wholesale, or as a dealer PAGE 5 6. The operation and sale of aerial survey, photograph, mapping, and spraying services. (However, spraying services shall at all times comply with applicable local, state, and national regulations pertaining to aerial spraying.) 7. The operation and sale of air taxi and sightseeing services. 8. The operation of schools for the instruction of the general public in flying, navigation, mechanics, aerial survey, photography, aircraft design and/or training of the general public in any art, science, craft, or skzll pertaining directly or indirectly to aircraft. 9. The operation of non-scheduled and charter azr trans- portation of passengers. 10. The sale through coin operated vending machines of tobacco, confections, and refreshments and the maintenance on the leased premises of appropriate faczlities therefor. 11. The undertaking of any phase of avzatzon actzvity for profit related to or in any way contributing to air transportation or aerial navigatzon, as long as such activity in no way interferes or hinders any F.A A approved navigational aids that may exist now or in the future at the Airport. 12 The operation of rental cars pursuant to a franchise agreement as required by the Denton City Charter, with ten (10%) percent of the net profits payable to Lessor on a monthly basis, payable with other fees. 13. The general use, in common with others authorized to do so, of all public airport facilities and improvements which are now or may hereafter by connected with or appurtenant to said Azrport, except as hereinafter provided. No person, business or corporation other than Lessee may operate a commercial, retail or industrial business upon the pre- mises of Lessee or upon the Airport, without prior written consent from Lessor authorizing such commerczal, retail or industrial activity. Lessee shall be allowed to provide sleeping quarters and other accommodations for use of an around-the-clock security guard This provision shall not be construed to allow family PAGE 6 living on the leased premises, and it is expressly understood and agreed that no permanent dwelling or domzcile may be built, moved to or established on or within the leased premises nor may the Lessee, its tenants, invitees, or guests be permitted to reszde or remain as a resident on or within the leased premises or other airport premises. Lessee shall file with the Airport Manager and keep current its mailing address, telephone number(s) and contacts where he can be reached in an emergency. Lessee shall file with the Airport Manager and keep current a list of its tenants and sublessees. Lessee shall require its employees and sublessees (and sub- lessee's invitees) to abide by the terms of this Agreement. Lessee agrees it shall promptly correct or remedy any breaches of any rules, regulations, terms, conditions or covenants by its employees or sublessees. E RIGHTS OF MORTGAGEE Any person, corporatzon or institu- tion that lends money to Lessee for construction of any hangar, structure, building or improvement and retains a securzty interest in said hangar, structure, building or zmprovement shall, upon default of Lessee's obligations to said mortgagee, have the right to enter upon said leased premises and operate or manage sazd hangar, structure, building or improvement accordzng 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 of the mortgagee referred to herein is limited and restricted to those improvements constructed with funds borrowed from mortgagee. F RULES~ REGULATIONS AND RESTRICTIONS The use of the pre- mises shall at all times be in compliance with and subject to any covenants, restrictions and conditions of record pertainzng to the use and occupancy of the leased premises and shall at all times comply with the laws, codes, ordinances, rules and regula- tions, either exzsting or those promulgated zn the future, by the City of Denton, the County of Denton, the State of Texas, the United States of America and the Federal Aviation Administration, or their successors. Lessee shall not operate or permit the operation of any transmitter devices, electrical signals pro- ducers, or machinery on the leased premises which could interfere with the electronic aircraft navzgation aids or devices located on or off Airport property. Lessee shall not be permitted to engage in any business or operation on the leased premises which would produce obstructions to vzsibility or violate height restrictions as set forth by the Federal Aviation Administration PAGE 7 and/or the City of Denton. Lessee further agrees that at no tzme during the term of this lease shall any material, fluids, solids or gaseous substances be utilized, stored, disposed of or trans- ported on the leased premises which are considered by Lessor to be a hazard to the health of the general publzc and that no activity shall be permztted on the leased premzses that would produce noxious odors. G HEIGHT RESTRICTION AND AIRSPACE PROTECTION The City of Denton - Denton Municipal Airport, reserves unto itself, its successors and assigns, for the use and benefit of the flying public, a right of flight for the passage of aircraft above the surface of the premises hereinafter described, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft now known or hereafter used, for navigation of or flight in the said airspace, and for use of said airspace for landing on, taking off from, or operatzng on the Denton Municipal Airport. The Lessee further agrees for itself, zts successors and assigns to restrict the height of structures, objects of natural growth and other obstructions on the here- inafter described premises to any height requirements by the ordinances of the City of Denton or any applicable Federal Aviation Administration requirements. The Lessee also agrees for itself, its successors and assigns to prevent any use of the hereinafter described premises which would interfere with landing or taking off of aircraft at the Denton Municzpal Airport, or otherwise constitute an airport hazard Lessee hereby forfeits all claims to aviation rights over the leased premises. H CONSTRUCTION ON PREMISES Lessee shall have the right to construct a concrete hangar pad, hangar(s), concrete apron(s), concrete taxiway(s), and other improvements necessary for the operation of Lessee's business or approved use of premises, provided however, that Lessee shall submit all constructzon plans to Lessor for approval of not less than thirty (30) days prior to construction start-up. Further, Lessee herein agrees to obtain all necessary permits as pertaining to all constructzon on the leased premises and to construct all zmprovements in compliance with all applicable construction codes. No construction shall be permitted on the leased premises prior to Lessee's acquisition of appropriate construction permits and approval by Lessor Failure of Lessee to obtain applicable construction permits and approval of Lessor, or its designee, prior to the start of any modification on existing improvements or any construction of new improvements on the leased premises shall constitute Lessee's default of this Lease. Lessor herein reserves the right to establish and enforce architectural standards for construction of new improvements and modifications to existing improvements on the leased premises. PAGE 8 ARTICLE III RENTAL AND FEES A. LAND RENTAL At the beginning of thzs term and contznuzng until September 30, 1993, Lessee agrees it shall pay to the Lessor for the use and occupancy of the premzses the sum of Eight Hundred ($800.00) Dollars per month. 1. Commencing October 1, 1993 and continuzng through September 30, 1998, Lessee agrees it shall pay to the Lessor the sum of One Thousand Two Hundred ($1,200 00) Dollars per month for the use and occupancy of the premises. However, if Lessee's fuel flowage for the year October 1, 1992 through September 30, 1993 is more than 270,000 gallons, the rental shall be One Thousand Six Hundred ($1,600.00) Dollars per month for said period ending September 30, 1998. 2 Commencing October 1, 1998 and continuing through September 30, 2003, Lessee shall pay One Thousand Six Hundred ($1,600.00) Dollars per month for the use and occupancy of the premises. However, zf Lessee's fuel flowage for the year commencing October 1, 1997 through September 30, 1998, is more than 360,000 gallons, then the monthly rental for said period shall be Two Thousand Six Hundred ($2,600.00) Dollars 3. Commencing October 1, 2003 and continuing through September 30, 2009, Lessee shall pay Two Thousand Six Hundred ($2,600.00) Dollars per month except that if Lessee's fuel flowage for the year October 1, 2002 through September 30, 2003 is more than 450,000 gallons, Lessee shall pay Three Thousand ($3,000.00) Dollars per month. 4. For purposes of this section, "fuel flowage" means the amount of fuel, measured in gallons, delzvered to Lessee into any fuel faczlities at the Airport B. HANGAR AND TIE-DOWN FEES During the term of thzs Lease, Lessee shall pay Lessor ten percent (10%) of all hangar and tie- down rental fees collected by the Lessee from customers renting Lessee's hangars or renting tie-down facilities on Lessee's premises each calendar month during the term of this Lease. Ail rentals and fees shall be paid monthly to Lessor on or before the 15th day of each month during the term of this Lease. Ail such hanger rentals and fees shall be accompanied by records showing the date and location on the Airport where the azrcraft was hangared or parked and the tail number, or side number, of the azrcraft. PAGE 9 C. FUEL FEES During the term of this Lease, Lessee shall pay Lessor three percent (3%) of the wholesale price per gallon of all fuel delivered to the Lessee. All fees shall be paid monthly to Lessor on or before the 15th day of each month during the term of this agreement. All such fees shall be accompanied by records showing the time, date, number of gallons delivered and the name of the fuel supplier. D. DELINQUENT PAYMENT/PLACE OF PAYMENT Lessee agrees that all monthly rental and fee payments are due and payable and shall be paid by Lessee without demand or notice in writing from Lessor. Lessee shall provide Lessor a breakdown of the fee payments monthly. All rental or fee amounts pazd by Lessee and received by Lessor after more than thirty (30) days after the due date shall automatically accrue and include an additional monetary amount (penalty) equal to five percent (5%) of the rental or fee amount due. At any time after any rental or fee amount becomes delinquent, the City may notify Lessee in writing of the delin- quency. All payments made hereunder by Lessee shall be made to Lessor at the offices of the City of Denton, Airport Manager, Route 1, Box 100, Denton, Texas 76205, unless Lessee is notified, in writing, to the contrary by Lessor. E. RECORDS Lessee shall keep and maintain accurate records of wholesa~uel delivered under this agreement, and parking and hangar fees collected, for a period of three (3) years from the date the record is made. Such records shall be kept according to generally accepted accounting principles. Lessor or its duly authorized representatives shall have the right at all reasonable times during business hours to inspect the books, records and receipts of Lessee, for the purpose of verification. F. ANNUAL STATEMENT: Within sixty (60) days after the end of each calendar year, Lessee shall furnish to Lessor a certified statement of fuel deliveries, and parking and hangar fees collected during the precedIng calendar year Lessor reserves the right to audit said statement and Lessee's books and records, including examination of the general ledger and all other supporting material, at any reasonable time during buszness hours, for the purpose of verification. If the audit establishes the Lessee has understated or overstated fuel sales, parking fees, or hangar rentals collected by five percent (5%) or more, the entire expense of said audit shall be borne by Lessee. Any additional payment due from Lessee shall forthwith be paid to Lessor, with interest thereon at one percent (1%) per month from the date such amount orzginally 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 resolution in accordance with Paragraph G (Disputes) below. PAGE 10 G. DISPUTES. If any dispute arises as to the amount owed from fuel ]~-l-i~eries or hangar or parking fees collected, the party disputing the amount and/or fee shall notify the other, in writzng within thirty (30) days from the date the dispute arises. Upon notification of the dispute, one-half (1/2) of the amount claimed due to Lessor shall be paid forthwith and the dispute shall be submitted to a panel of 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. This panel shall, by maoority vote, determine the rights of the parties hereunder in conformity with generally accepted accounting principles. The fees due the accountants 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. ARTICLE IV RIGHTS AND OBLIGATIONS OF LESSEE Lessee is required and is hereby granted the non-exclusive privilege to engage in the business of and provzde the services of a full and complete fixed base operation at the Airport, subject to the following requirements and obligations and for such consideration, Lessee covenants and agrees to perform or provide the following, as applicable A. REQUIRED SERVICES 1. Fuel' To have available those grades and octanes of aviation g~ine, Jet fuel and other petroleum products normally found at similar airports, and to provide ramp servzces including the sale and into-plane delivery of those aviation fuels, lubricants and other related aviation products, and to provide aircraft guidance and assistance within the areas of the leased premises, at least.during daylight hours, sunrise to sunset, three hundred sixty five (365) days per year. Ail fuels shall meet minimum F.A.A. requirements for avzation fuels as set out in F.A.A. Circular 5230-4, Aircraft fuel storage handling and dispensing, as the same may be revised, update~, or replaced by the F.A.A or the United States Government Ail fuels which are a nationally known brand shall meet the terms of this requirement. Ail fuels 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 in accordance with the provisions of the Fire Code of the City of Denton. Ail fueling operations and all fuel faczlities owned or operated by the Lessee shall be in compliance with the Minimum PAGE 11 Fueling Standards Ordinance of the City of Denton. Ail prices for fuels and other petroleum products shall be posted in full public view at all times. Lessee agrees that it shall locate any new fuel storage tanks underground and in compliance with all applicable local, State and Federal codes and regulations. 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. Repair and Mazntenance Facilitzes To provide for the repair and maintenance of based and itinerant aircraft at least during normal business hours and days. Lessee agrees to maintain and operate a repair shop for engine and airframe repair with facilities and equipment and to staff such shop with such per- sonnel as are necessary to provide reasonable service to custo- mers, but in no event less than three, with at least one A & P licensed aircraft mechanic on premises during normal business hours and readily available at other times. At least one of the other employees shall be approved and licensed by the Federal Aviation Agency to perform the maintenance and inspections described by the Federal Aviation Agency in and pursuant to FARs 65, 145 and 91 Lessor and Lessee agree that Lessee may sublease the aircraft repair shop on the premises. Any such sublease must be approved by Lessor in order to be effective, and shall contain provisions that a default by the sublessee shall constitute default by Lessee of this Lease. If repair services are not provided as required by this section, notwithstanding Section IX. G, such failure shall constitute Lessee's default of this Lease. 4. Pilot Lounge. To provide a pilot lounge area, informa- tional services, and telephone service connections to the Flight Service Station at least during daylight hours, sunrise to sun- set, three hundred and sixty-five (365) days a year. 5 Parts' To provide for the sales of aircraft and engine parts and~truments and accessories at least during normal business hours and days. 6. Flight School' To operate a flight school for the instruction of the general public in flying and navigation B. AUTHORIZED SERVICES In addition to the services requzred to be provided by Lessee pursuant to Article IV.A. (Required Services) above, Lessee is hereby granted the non-excluszve privilege, but is not required, to provide the following services and to engage in the following activities PAGE 12 1. Ramp services, including loading and unloading of passengers, baggage, mail and frez§ht, and providing of ramp equipment, aircraft cleanzng and other services for persons, firms or air carriers. 2. Speczal 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 Article IV , Section A, above. C. OPERATING STANDARDS In providing any of the required and/or authorized services or activities specified in this Agree- ment, Lessee shall operate for the use and benefit of the public and shall meet or exceed the following standards 1. Mana~. Lessee shall select, appoint, and designate ~-~ Lessor in writing, a full-tzme Manager of business at the leased premises. 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 servzces to be provided under this agreement. The manager shall be available during regular business hours and durzng 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 provzde, at its sole expense, the empl'oyees necessary to provide effectzvely and efficiently the services required or authorized in thzs Agreement. 3. Employee Qualifications Lessee shall control the conduct, demeanor and a~pearance of its employees, who 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. PAGE 13 D. VENDORS AND SUPPLIERS In providzng required and/or authorized services pursuant to this agreement, Lessee shall have the right to choose, in its sole discretion, its vendors and suppliers, except as provided in Article IV. Paragraph A. 1. (Fuel). E. CHARGES BY LESSEE' The Lessee agrees to furnish all services on a fair, equal, and not unjustly discriminatory baszs to all users thereof, and to charge fair, reasonable, and not un0ustly discriminatory prices for each unit or service, pro- vided, however, that the Lessee may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. F MAINTENANCE OF AIRCRAFT ON UNLEASED PREMISES It is clearly understood by the Lessee that no right or privzlege has been granted which would operate to prevent any person, firm or corporation operating aircraft on property not covered by this Lease from performing any services on azrcraft, including but not limited to maintenance and repair G. UTILITIES~ TAXES AND FEES. Lessee covenants and agrees it shall meet all expenses and payments in connection with the use and occupancy of the premises and the rights and privileges herein granted, including, but not limited to the timely payments of rentals and fees under this agreement, utilitzes, taxes, permzt fees, license fees and assessments lawfully levied or assessed. Lessee herein agrees to pay to all lawful taxing authorities an ad valorem property tax on all improvements on the leased pre- mises, and to comply with all tax laws as pertainzng to the leased premises, either existing tax laws or those promulgated zn the future. H. MAINTENANCE OF LEASED PREMISES Lessee agrees it shall be responsible for all maintenance and repazr of all items on the leased premises, including buildings, structures, grounds, utzl- ities, grass cutting, landscaping, trash collectzon and removal, except for exterior asphalt and paved areas and the fuel farm. Lessee agrees that the property, together with all improvements, shall be maintained in a safe, clean and attractive condition at all times and that any change in the original color or texture of the exterior walls of all structures or improvements shall require written consent from Lessor, and such consent shall not be unreasonably withheld. Lessee shall provide a complete and proper arrangement for the adequate sanitary handling and disposal, away from the Airport, of all trash, garbage and other refuse caused as a result of the operation of its business Lessee shall provide and use approved receptacles for all such garbage, trash, and PAGE 14 other refuse. Piling of boxes, cartons, barrels or other szmilar items tn an unattractive or unsafe manner, on or about the demised premises, shall not be permitted. Lessee shall be responsible for maintaining suitable and attractive yard appearance. Lessee covenants to mow the premises in such a manner to ensure that weed or grass growth is never allowed in excess of that allowed by Czty weed ordinance require- ments and agrees to removal of weeds from around fences and build- ings. Lessee is encouraged to provide additional landscaping beyond the minimum required by City to assist in enhancing Airport appearance. Lessee herein agrees not to utilize or permit others to utilize areas on the leased premises which are located on the outside of the hangar(s) or building(s) to be used for the storage of wrecked or permanently disabled aircraft, aircraft parts, auto- mobiles, vehicles of any type, or any other equipment or items which would distract from the appearance of the leased premises. Lessee agrees that at no time shall the leased premises be used for a flea market type sales operation. During the term of this Lease, the Lessor shall have the right to require that the metal exterior of hangar(s) or building(s) located on the leased premises be painted at least one (1) time, with said painting of hangars or structures being accomplished utilizing Lessor's specifications, a copy of which is attached hereto as Exhibit "C". Lessor herezn agrees to provide Lessee with a two (2) year notice in writing prior to the required completion date of the painting of the hangar(s) or building(s). Lessee herein agrees to pay all costs and expense znvolved in the hangar or building painting process. Failure of Lessee to complete the hangar or building painting period prior to the required completion date shall constitute Lessee's default under this Lease Lessee further agrees that upon the expiration of the term of this Agreement or sooner cancellation thereof, said premises wzll be delivered to Lessor in good condition, reasonable wear and tear excepted. Lessor reserves the right to make periodic inspection of leased premises and improvements and equipment therein during normal business hours. Lessee shall, at its sole cost and expense, keep and maintain the demised premises and all improvements, additions or alterations thereto, equipment and landscaping constructed or installed by Lessee upon the leased premises, in first-class condition, which condition shall at all times be based on a standard of care reflecting prudent property management, reasonable wear and tear excepted. Lessee agrees to install and maintain within any building, PAGE 15 parking and tie-down, and fuel storage areas on or hereafter placed on the leased premises, such fire equipment and fire extinguishers as may be required by applicable federal, state and local fire codes and regulations Lessor agrees to maintain the exterior pavement and asphalt of the leased premises. However, where the Lessor's cost of materials to repair exceeds $2,000.00, Lessee agrees to reimburse Lessor for one-half the cost of the materials which exceed $2,000.00 utilized in making such repair, within 30 days of mailing of an invoice. Failure to pay Lessor for such costs shall constitute an event of default under this Lease. Lessor agrees to maintain and repazr the existing fuel farm. If Lessor decides to or is required to replace said farm, Lessee covenants to use only Lessor's new fuel farm facilities and pay the rate charged to other customers at the Airport, not to exceed the rates at other public use airports similar to Denton Municipal Airport, in size and scope of aviation activities, located in the southwestern region of the United States. I. HAZARDOUS ACTIVITIES Should Lessee violate any law, rule, restriction or regulation of the City of Denton or the Federal Aviation Administration, or should the Lessee engage in or permit other persons or agents to engage in activities which could produce hazards or obstruction to air navigation, obstructions to visi- bility or interference with any aircraft navigational aid statzon or device, either airborne or on the ground, then Lessor shall state such violation in writing and delzver written notice to Lessee or Lessee's agent on the leased premises, or to the per- son(s) on the leased premises who are causing said violation(s), and upon delivery of such written notice, Lessor shall have the right to demand that the person(s) responsible for the violation(s) cease and desist from all such activity creating the violation(s). In such event, Lessor shall have the right to demand that cor- rective action, as required, be commenced immediately to restore the leased premises into conformance with the particular law, rule or aeronautical regulation being violated Should Lessee, Lessee's agent, or the person(s) responsible for the violation(s) fail to cease and desist from said violation(s) and to immediately commence correcting the violation(s), and to complete said corrections within twenty-four (24) hours following written notificatzon, then Lessor shall have the right to enter on to the leased premises and correct the violation(s), and Lessor shall not be responsible for any damages incurred to any improvements on the leased premises as a result of the corrective action process ARTICLE V INSURANCE AND INDEMNITY A. INSURANCE REQUIREMENTS Beginning on the effective date of this Lease, Lessee shall maintain continuously in effect at all PAGE 16 times during the primary term of thzs Agreement and any extension thereof, at Lessee's expense, the following insurance coverages 1. Comprehensive General Liability Insurance coverzng 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. 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. 4. Liability insurance limits shall be in the following minimum amounts: Bodily Injury and Property Damage $1,000,000 combined single limits on a per occurr- ence basis. 5. Ail policies shall name the City of Denton as an additional named insured and provide for a minimum of twenty (20) days written notice to the City prior to the effective date of any cancellation or lapse of such policies. 6. Ail policies must be approved by the Lessor 7. The Lessor shall be provided with a copy of all such policies. B Commencing October 1, 1993, Lessor herein reserves the right to adjust or increase the liability insurance amounts required of the Lessee, and to require any additional rider, provisions, or certificates of insurance, and Lessee hereby agrees to comply with any such ad3usted insurance requirements as may be required by Lessor wtthzn sixty (60) days following receipt of notice in writing from Lessor stating the zncreased or adjusted insurance requirements, provided however, that any requirements shall be commensurate with insurance requirements at other public use airports similar to the Denton Municipal Airport, in size and in scope of aviation actzvitzes, located zn the southwestern region of the United States. For the purpose of this Lease, the Southwestern region of the United States shall be the states classified as the Southwestern region by the Federal Aviation Administration. Lessee shall have the right to maintain in force both types of insurance and amounts of insurance which PAGE 17 exceed Lessor's minimum insurance requirements During the period from October 1, 1993 and contznuing until September 30, 1998, Lessor may not require Lessee to maintain lzability insurance policies of more than $5,000,000.00 combined single limits on a per occurrence basis. In the event that State Law should be amended to require types of insurance and/or insurance amounts which exceed those of like or similar public use airports in the southwestern region of the United States of America, then in such event, Lessor shall have the right to require that Lessee maintain in force types of insurance and/or amount of insurance as specified by State Law. Failure of Lessee to comply with the mtnlmum specified amounts or types of insurance as required by Lessor shall constitute Lessee's default of this Lease D. INDEMNITY: During all times that this Lease is in effect, the parties agree that Lessee is and shall be deemed to be an independent contractor and operator and not an agent or employee of City with respect to their acts or omissions hereunder. For all the purposes hereunder, Lessee is and shall be deemed an independent contractor and it is mutually agreed that nothing contained herein shall be deemed or construed to constitute a partnership or Joint venture between the parties hereto. Lessee agrees to indemnify and hold harmless City and its agents, employees, and representatives from and asalnst all liability for any and all claims, suits, demands, and/or actions arising from or based upon intentional or negligent acts or omissions on the part of Lessee, its agents, representatives, employees, members, patrons, visitors, contractors and subcon- tractors (if any), and/or sublessees, which may arise out of or result from Lessee's occupancy or use of the premises and/or activities conducted in connection with or zncidental to this Lease Agreement. Lessee shall also indemnzfy City against any and all mechanic's and materialmen's liens or any other types of liens imposed upon the premises demised hereunder arising as a result of Lessee's conduct or activity. This Indemnity Provision extends to any and all such claims, suits, demands, and/or actions regardless of the type of relief sought thereby, and whether such relief is in the form of damages, judgments, and costs and reasonable attorney's fees and expenses, or any other legal or equitable form of remedy. Thzs Indemnlty Provision shall apply regardless of the nature of the injury or harm alleged, whether for injury or death to persons or damage to property, and whether such claims by alleged at common law, or statutory or constitutional claims, or otherwise. This Indemnity Provision shall apply whether the basis for the claim, PAGE 18 suit, demand, and/or action may be attributable in whole or in part to the Lessee, or to any of its agents, representatives, employees, members, patrons, visitors, contractors, and subcon- tractors (if any), and/or sublessees, or to anyone directly or indirectly employed by any of them. Further, City assumes no responsibility or lzability for harm, injury, or any damaging events which are directly or indirectly attributable to premise defects or conditions which may now exist or which may hereafter arise upon the premises, any and all such defects being expressly waived by Lessee. Lessee understands and agrees that this Indemnity Provision shall apply to any and all claims, suits, demands, and/or actions based upon or arising from any such claim asserted by or on behalf of Lessee or any of its members, patrons, visitors~ agents, employees, contractors and subcontractors (if any), and/or sublessees It is expressly understood and agreed that the City shall not be liable or responsible for the negligence of Lessee, its agents, servants, employees and customers Lessee further agrees that it shall at all times exercise reasonable precautions for the safety of, and shall be solely responsible for the safety of its agents, representatives, employees, members, patrons, visi- tors, contractors and subcontractors (if any), and/or sublessees, and other persons, as well as for the protection of supplies and equipment and the property of Lessee or other persons. Lessee further agrees to comply with all applicable provisions of Federal, State, and municipal safety laws, regulations, and ordinances. PROVIDED FURTHER, that the Lessee and the City each agree to give the other party prompt and timely notice of any such claim made or suit instituted which in any way, directly or indirectly, contingently or otherwise, affects or might affect the Lessee or the City. Lessee further agrees that this Indemnity Provision shall be considered as an additional remedy to City and not an exclusive remedy. ARTICLE VI TERMINATION~ SUBLETTING AND ASSIGNMENT A. Ail the terms, restrictions, covenants and conditions of record pertaining to the use and occupancy of the premises are conditions of this Lease and failure of the Lessee to comply with any of the terms, conditions, restrictions, covenants and condi- tions of record shall be considered a default of this Lease, and upon default, the Lessor shall have the right to invoke any one or all of the following remedies. Selection of one or more PAGE 19 remedies by Lessor shall not constitute a waiver of any other remedy. B. Should Lessee fail to pay the monthly rental amount or any fee prescribed in Article III hereof, such failure shall constitute a default of this Lease, and Lessor may give written notice to Lessee of Lessee's failure to pay and demand payment in accordance with the Lease terms. Should Lessee fail to pay the monthly rental amount or required fee within twenty (20) days following receipt of written notice from Lessor, then Lessor may, at its sole option, terminate this Lease without further notice to Lessee. C. In the event that Lessee fails to comply with any of the other terms, conditions, restrictions and covenants pertaining to this Lease Agreement then in such event, Lessor may give Lessee notice of said breach, and request Lessee to cure or correct the same. Should Lessee fail to correct said violation(s) or breach within thirty (30) days following receipt of said notice, then Lessor may at its sole option terminate this Lease without further notice to Lessee. Should this Lease be terminated by Lessor for failure of Lessee to correct said breach or violation within the thirty (30) day cure time, Lessee shall forfeit all rights to all improvements on the leased premises and all improvements on the leased premises shall become the property of the Lessor. D. In addition to termination of this Lease for the breach of terms and conditions herein, the Lessor shall have the right to terminate this Lease for the following reason(s)' 1. The Lease has reached the termznation date of the original term or any extended term thereof. 2. In the event that Lessee shall file a voluntary petition in bankruptcy or proceedings zn bankruptcy shall be instituted against Lessee 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. 3. In the event that Lessee should make an assignment of this Lease, for any reason, without the approval of and written consent from Lessor. Upon termination or cancellation of this Lease and provided all monies due Lessor have been paid, Lessee shall have the right to remove its personal property, provided such removal does not cause damage to any part of the hangar, structure or improvements. PAGE 20 E. LIEN. The Lessor shall have a lien as security for the rent al~-~said upon all goods, wares, chattels, implements, fixtures, furniture, tools, and other personal property which are or may be put or caused to be put on the demised premises by Lessee. Upon termination of this Lease, Lessee shall remove all personal property from the demised premises within ten (10) days after said termination. If Lessee fails to remove its personal property as agree, Lessor may elect to retain possession of such property or may sell the same and keep the proceeds, or may have such property removed at the expense of Lessee. If Lessor has exercised its option to take title to fixed improvements as provided, Lessee shall repair, at its own expense, any damage resulting from said removal of personal property and shall leave the leased premises zn a neat and clean condition with all other improvements in place. F. NO WAIVER: Failure of Lessor to declare this Lease termi- nated upon the default of Lessee for any of the reasons set out shall not operate to bar, destroy or waive the right of Lessor to cancel this Lease by reason of any subsequent violation of the terms hereof. The acceptance of rentals and fees by Lessor for any period or periods after a default of any of the terms, covenants, and conditions herein contained to be performed, kept and observed by Lessee shall not be deemed a waiver of any rights on the part of the Lessor to cancel this Agreement for failure by Lessee to so perform, keep or observe any of the terms, covenants or conditions hereof to be performed, kept and observed. G. SUBLET OR ASSIGNMENT OF LEASE Lessee expressly covenants that it will not assign this Lease, convey more than forty-nine percent (49%) of the interest in its business located on the leased premises, deemed herein to mean the controlling interest in its business, through the sale of stock or otherwise, nor sublet, assign, transfer, nor license the whole or any part of the said premises for any purpose, except for rental of hangar space or tie-down space, without the prior written consent of the Lessor. Lessor agrees that it will not unreasonably wzthhold its approval of the sale, assignment, or sublease of the facilities for aviation related purposes. In the event that this Lease is assigned, all provisions, terms and conditions of this Lease shall remain binding upon assignee or sublessee H. EFFECT OF CONDEMNATION' If the whole or any part of the leased premises shall be condemned or taken by eminent domazn proceedings by any city, county, state, federal or other auth- ority for any purpose, then the term of this Lease shall cease on the part so taken from the day the possession of that part shall PAGE 21 be required for any purpose and the rent shall be paid up to that day, and from that day, Lessee shall have the right to continue in the possession of the remainder of the premzses under the terms herein provided, except that the rent shall be adjusted to such amount as the parties hereto shall negotzate, but, under no circumstances shall the rent be greater than the per square foot rental provided for hereunder. All damages awarded for such taking of land for any public purpose shall belong to and be the property of Lessor. Ail damages awarded for such taking of structures, improvements or businesses that were constructed by Lessee shall be reflective of their value for the remainder of the lease term and be awarded to Lessee, the remainder to be awarded to Lessor. I. ASSUMPTION. Ail buildings and improvements of whatever nature remaining upon the leased premises at the end of the przmary term, or any extension thereof, of this Lease shall automatically become the property of Lessor absolutely in fee without any cost to Lessor. ARTICLE VII CANCELLATION BY LESSEE Lessee may cancel this Lease, 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 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 facilzties 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 authorzzed 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 aviation purposes, their use being only limited by such laws and ordinances as may be applzcable at that time. PAGE 22 ARTICLE VIII RIGHTS AND OBLIGATIONS OF LESSOR A. 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. 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 main- tenance of the Airport. B QUIET POSSESSION' Lessor covenants and warrants that, if Lessee discharges the obligations herein set forth to be performed by the Lessee, the Lessee shall have and enjoy during the term of this Lease the quiet and undisturbed possession of the leased premises, together with all appurtenances thereto and without hindrance from the Lessor. C. RIGHT OF EASEMENT Lessor or Lessor's authorized agent shall have the right to establish easements, at no cost to Lessee, upon the leased premises 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 utllzty services on, in, over or under any such easement or the conclusion of such construction. Lessee shall not have the right to levy fees or charges for any exercised right of easement by Lessor or Lessor's authorized agent. D INGRESS AND EGRESS Upon paying the rental hereunder and performing all of the terms, conditions, and covenants of this Agreement, Lessor agrees that Lessee shall have the right of ingress to and egress from sazd leased premzses for the Lessee, zts officers, employees, agents, servants, customers, vendors, suppliers, patrons, and invitees over such roadway(s) as may be designated for that purpose and the right of egress to and egress from the landing area for airplanes over taxiways and aircraft parking ramps provided by Lessor Said roadway(s), aircraft parking ramps and taxiways shall be used Jointly with other tenants on the airport, and Lessee shall not interfere with the rights and privileges of other persons or firms using said facilities and shall be sub3ect to such weight and type use restrictions as Lessor deems necessary. PAGE 23 E. TIE-DOWNS' Between September 1, 1988 and August 31, 1993, Lessor agrees to reserve fifteen (15) of its present tie-down spaces for the use of transient aircraft. Lessee, at its option, from t~me to time may rent as many of said tie-down spaces as are then unoccupied at the rate of $2 50 each per day or $25.00 per month. ARTICLE IX 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 TAXIWAYS 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, takeoff and 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 azrcraft 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 znvitees, but shall not includ~ those activities over which it has no soliciting part or control, such as an unsolicited or unscheduled or emergency landing. Negligent disregard of the provisions of this section shall be sufficient to cause the immediate terminatzon of this entire Agreement and subject the Lessee to be liable for any damages to the Airport that might result B. BUILDING LIFE: It is agreed that the life of any buzlding to be constructed by Lessee on the property herein leased is at least twenty-one (21) years. ARTICLE X GENERAL PROVISIONS A. WAIVERS: Failure of either party to complain of any act or omiss---i-~-~ on the part of the other party, no matter how long the same may continue, shall not be deemed a waiver of any breach of any of the provisions of this lease or a consent to any subsequent breach of any of the same or any other provisions. PAGE 24 B. LEASE BINDING ON SUCCESSORS~ ASSIGNS~ ETC All covenants, agreements, provisions and conditions of this lease shall be binding upon and inure to the benefit of the respective parties hereto, that is both Lessor and Lessee jointly and severally, and their legal representatives, successors or assigns, and/or any grantee or assignees of the Lessor and Lessee No modification of this Lease shall be binding upon either party unless it is in writing and signed by both parties. C. ATTORNEY'S FEES In any action brought by either party in which a judgment is awarded in favor of the party instituting the action for the enforcement of the obligations and conditions of the Lease, that party shall be entitled to recover all costs from the other party, including attorney's fees, involved mn the enforcement of this Lease. D. PARAGRAPH HEADINGS The headings used herein for each paragraph are used only for convenience and are not intended to explain the nature of each paragraph. E. PARKING Lessor reserves the right to restrict and designate pa---~-~ing areas for all surface vehicles on all areas of the Denton Municipal Airport. F. 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 G. FORCE MAJEURE. It is understood and agreed between the parties hereto that Lessee shall be relieved from the performance of any obligation of this lease during such period of time as the performance of such obligation is impractical or impossible because of revolution, public disorder, war, whether declared or not, acts of public enemies, strikes or other labor disturbances (unless the same were induced by the negligence or willful act of Lessee~ its agents~ servants, employees or independent contrac- tors)~ fires~ floods, storms~ acts of God, orders or acts of any government or governmental authority through no fault of Lessee, or any cause of a like nature through no fault of and beyond the control of Lessee. In any such case, written notice, sent by registered mail shall be given by Lessee to Lessor wzthin ten (10) days after the commencement of such cause advising Lessor of the existence of such cause and of Lessee's readiness to resume performance of such obligation upon the removal or nonexistence of such cause. It is further understood and agreed between the parties hereto that Lessor shall be relieved from the performance of any obligation of this lease during such period of time as the performance of such obligation is impractical or imposszble PAGE 25 because of revolution, public disorder, war, whether declared or not, acts of public enemies, strikes or other labor disturbances (unless the same were induced by the negligence or willful acts of Lessor, its agents, servants, employees or independent contrac- tors), fires, floods, storms, acts of God, orders or acts of any government or governmental authority through no fault of Lessor, or any causes of a like nature through no fault of and beyond the control of Lessor. In any such case, written notice, sent by registered mail shall be given by Lessor to Lessee within ten (10) days after the commencement of such cause advising Lessee of the existence of such cause and of messor's readiness to resume performance of such obligation upon the removal or nonexistence of such cause. H. LEASE APPROVAL. Be it further understood by the Lessee that this Agreement shall not be binding on either party until such time as approval of Agreement has been secured from the Denton City Council. I NOTICE: Any notice given by one party to the other in con- nectton w~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 Unless notified to the contrary by Lessor. 2. If to Lessee, addressed to AirDenton, Inc. Denton Municipal Airport Denton, Texas 76205 Notices shall be deemed to have been received on the date of receipt as shown on the return receipt. J. GOVERNING LAW' This Agreement is to be construed zn accordance with the laws of the State of Texas. K. ENTIRE AGREEMENT This Agreement 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 modificatzon hereof shall be in writing signed by both parties L. TIME Ail references to days shall be construed to be calendar~-~ys. PAGE 26 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. CITY OF DENTON, TEXAS, LESSOR ATTEST APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY AIRDENTON, INC , LESSEE ATTEST: CORPORATE SECRETARY AIRDENTON, INC. PAGE 27 THE STATE OF TEXAS § COUNTY OF DENTON § BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared Jim Huff, President of AirDenton, Inc., 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 AirDenton, Inc., 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 the /~ day of , My commission expires' THE STATE OF TEXAS § COUNTY OF DENTON § BEFORE ME, the undersigned authority, in and for said County, Texas, on this day parsonally appeared Ray Stephens, Mayor of the City of Denton, Texas, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknow- ledged to me that the same was the act of the said City of Denton, Texas, a municipal corporation of the State of Texas, and that he executed the same as the act of said municipal corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the /6~- day of , lgS . ~m~8~l~ NO~RY PUBLIC, STATE OF T~S My Commission expires: PAGE 28 AGREEMENT FOR OPERATION OF FLIGHT SCHOOL Thls agreement entered into this ~& day of ~¢~ , 1988, by and between AlrDenton, Inc hereinafter referred to as "FBO", and Dobransky Enterprises, Inc , hereinafter referred to as "Dobransky", WHEREAS, "FBO" is operating under the terms of an agreement between Maverick AIrcraft, Inc and the C~ty of Denton, such agreement being dated Aug 30,1988, hereinafter referred to as "Agreement", and which "Agreement" is incorporated herein for all purposes, and WHEREAS, "Agreement" in Article IV, A(6), requires the operation of a flight school, and WHEREAS, "Dobransky" desires to operate a flight school at the facilities covered under "Agreement", NOW, THEREFORE, in consideration of the mutual agreements and covenants hereinafter set forth, the parties hereto agree as follows, (1) For a term of three years, beglnlng Dec 1,1988, "Dobransky" will operate a flight school in the premises devised under the "Agreement". (2) "Dobransky" will obey and adhere to all covenants and agreements contained in the "Agreement" "Dobransky" specIfically agrees to comply with the requirements of Article V of "Agreement" IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written AlrDenton, Inc ~ames W. H%{~f ,2'r~' ~es Dobransky Enterprises, Inc. by Jo/~ bobrans~k~,-Pre/ - I EXHIBIT A CONTINUED All tkat certain lot, tract, or parcel of land situated in the Willia~ Neil Survey, Abstract Number 970, and the T. Toby Survey, Abstract Number 1285, Denton County, Texas, and being part of a tract ,shown by deed to the City of Denton, recorded in Volume 305, Rage 216 of the Deed Records of Denton County, Texas and part of a tract shown by deed to the City of Denton, recorded in Volume 304~ Page 503 Deed Records and being more particularly described as follows: Beginning at a point that is North 88 degrees 33 minutes 59 seconds West 528.37 feet from the northwest corner of a tract shown By deed to Patrick F. Breen recorded in Volume 427, Page 183 Deed Records; Thence. South 00 degrees 59 minutes 07 seconds West a distance of 592.66 feet to a point for a corner, said point being in the north line of Lot 1, Block 1 of the Southeast Airport Addition, and addition to the City of Denton as shown by plat recorded in Cabinet G, Slide 295~ Plat Records, Denton County, Texas; Thence North 88 degrees 53 minutes 12 seconds West a distance of 617.60 feet to a point for a corner, said point being South 88 minutes 12 seconds East 41.67 feet from the northwest degree~ 53 corner of said Lot 1, Thence North 08 degrees 24 minutes 37 seconds East a distance of 403.85 feet to the beginning of a non-tangent curve to the left whose center is South 86 degrees 04 minutes 55 seconds West 293.69 feet and central angle is 34 degrees 30 minutes 00 seconds, Thence. with said curve a distance of 176.84 feet to the end of said Curve~ and the beginning of another curve to the right, whose center is North 56 degrees 28 minutes 22 seconds East 405.64 feet and central angle is 32 degrees 42 minutes 43 seconds, Thence with said curve, a distance of 231.59 feet to the end of said curve; Thence leaving the last mentioned curve in a non-tangent direction of South 87 degrees 03 minutes 22 seconds East a distance of 150.42 feet to a point in a chain link fence and the beginn,ing of a non-tangent curve to the left whose center is North 79 degrees 32 minutes 34 seconds East 375.00 feet and central angle is 20 degrees 51 minutes 11 seconds, Thence with said curve a distance of 136.48 feet to the end of said curve; Thence leaving the last mentioned curve in a non-tangent direction of South 88 degrees 34 minutes 29 seconds East a distance of 273.05 feet to a point for a corner, Thence South 01 degrees 19 minutes 14 seconds West a distance of 52.60 feet to a point for a corner, Thence South 88 degrees 33 minutes 59 seconds East a distance of 228.66 feet to the Place of Beginning and containing 9.100 acres of land. EXHIBIT "B" 5. The term of ~he lease, which is an im~ortant factor in deter- mining lease rates. The airport ~/nis~xa~ion mus~ whe~ or no~ a long~ ~ l~se a~ 1~ only ~ough a long ~ l~se (20 ye=s, investor ~t will ul~i~mly ~efi~ ~e al~ T~le 8.2 s~s ~ av~age gr~ l~se ra~es t~t c~ld be ~e ~e also v~ia~i,ns ~ss~le such as r~ls or l~ses of of ~ ~ ~ ~i~ ~ ~ i~i~ ~ ~ 8.2. 8.2 II .10 .12 .14 .20 .08 .10 .12 .16 IV .05 .08 .10 .14 It ia s~u:ongly recommended 'chat & ,.'..,npetant lansing o~: real ese:ate ~ f~n be cce~ul'ce~ ~o ft='cl*dr define U'd leasing pol~.cLe~ 8.14 ROSE QUAR~ MC-1 LIGHT BUFF MC 10 .FLAX MC-19 TUNDRA MC 28 LRV 69% LRV 6E% LRV 78% LRV 66% · CHINA WHITE (1 3) MC-2 .CHROME YELLOW (1 2 3 4) MC.11 .IVORY (1 3) MC-20 GREENLAND MC-29 LRV 82% LRV ~6% LRV 84% CRV 50% BISQUE MC 3 WHEAT MC-12 QUINCE MC-21 JADE MC-30 LRV 175% LRV 69% LRV 72% LRV 32% CLAY TINT (1 2 3 4) MC-4 .SHELL MC-13 .ARSINTHE MC-22 PINE MC-31 LRV 57% LRV 78% LRV 77% LRV 15% PALE AMBER M~-8 eSULRHUR (1 2 3) MG14 LINDEN MC-23 SPEARMINT MC-32 ~% LRV 7S% LRV 38% LRV ~8% eCANYON (1 2 3) TALLOW MO-IS LIMESTONE (3) MC-24 HEMLOCK MC-33 LRV E~X~ LRV 82% LRV 47% HENNA (2 4) MC-7 .YELLOW PA81'EL (1,2 3 4) MC*16 MARSH MC-25 WIN~RSREEN MO-34 LR¥ 10% LRV 81% LRV 70% DECK RED (2,4) MILLING 'fELLOW M~-17 FERN (2 4) MC-26 eEMERALO MO.36 LRV 51% LRV 41% LRV 10% COP~R (2 4) &lC-9 60LO INGOT MC-16 GREENERY (2 3 4) MC-27 CEOAR GREEN MC-38 LRV 14% LRV 48% LRV · For best hiding, two coat~ may be required over ¢ontmatlng (1) Not available In Tlle-CIO~® II Enarest (BAC) (2) Interior only (844) (3) ntarior only (BAC) (4) Lead ;o~ltalnlng and lead free varaio~a available In (844) syste..m L.e.ad not to be usad Tot dore~stk~, lastlt~ional, adu~atiollal or reorestlol~al Industri ,, Maintenance ,..oatings , Industry · Commerce · Institutions · New Construction · Repaint · Maintenance SIENNA MC 37 DEEP UMRER MC-46 CLOVE MC 55 SILVERY MC-64 LRV 11% LRV 12% LRV 30% LRV 63% WALNUT BROWN (2 4) MC 38 PUTTY MC-47 FAWN MC-$6 TOWER GRAY MC-65 LRV 6% LRV 45% LRV 46% LRV 19% LIGHT BARK MC-39 CANVAS MC-48 SP~CE MC-57 SHALE MC 66 LRV 32% LRV 63% LRV 30% LRV 45% PRAIRIE MC-40 SIERRA TAN MC-4S BEIGETONE MC $8 SMOKE MC-67 LRV 64% LRV 45% LRV 88% LRV 30% CORK MC-4t PEARL MC-50 OU~TY P~ACH MC-5~ GREYSTONE MC-68 LRV 35% LRV 75% LRV 63% LRV 43% MESA MC-42 BIRCH WHITE MC-Et COBBleSTONE MC-80 PEWTER Mc-6g LRV 55% LRV 6R% LRV 41% LRV 48% DESERT SAND MC-4S MAPLE TAN M~S2 TAUFE MC-a1 PLATINUM MC-70 LRV 87% LRV 43% LRV 27% LRV 67% 1 WHITE SAND MC-44 GOLDEN MC-B3 MARBLE MC-62 SLATE SRAY MC-71 LRV 58% LRV 48% LRV 77% LRV 40% ADOBE MC-48 EARTHEN MC-84 GREIGE MC-a3 EBONY MC-72 LRV 47% LRV 35% LRV 54% LRV 8% (5) Not available in Metalastio II Enamel, 81licone Alkyd Enamel, Color approximates the appearance of the actual coating Factors Direct To Metal Enamel, or Water Eased Catalyzed Epoxy such as type of product, degree of gloss, texture, raze and (6) Package Color Containe Lead Not to be used for domastio, inetltutional, shape of area, lighting, heat, or method of application may cause educetione, or redraationa fao lit esl For Industrial use only color variance Performance of certain eslora may be Alternate Load Free producte are available in Industrial Enamel quality affected by apeniflc exposure environments Products svallsl31e using Blend-A-Color colorants (BAC) D~rect To M~tal Enamel Industrm~ Enamel, KEM A&A Epoxy Enamel MetalasPc II Enamel Metalatex Sem~-Gloss Enamel, ,ne Alkyd Enamel, Tale-Clad II Enamel War Bed Catalyzed Epoxy Producta available ualng Nuo~.,=x Chrome them® 844 colorants (844) Epoxy Mastic Enamel, Heaw Duty Epoxy Enamel, H~-Btld Aliphat~c Polyurethane, H~ Bdd Chlorinated Rubber Enamel, Tde Clad II Enamel L~m~ted colors avadable in Hi Bild V~nyl Chroma Chem® ~s a registered trademark of Nuodex, Inc Safety Colors__ BERMUDA MC-73 TIDAL BLUE MC-82 ~ 5 6) LRV 49% LRV 53% LRV 29% SEAWARD MC-74 MARITIME MC-~3 SAI~ RED (2 4 5 6) SAFETY BLUE LRV 54% LRV 30% LRV 17% / CERULEAN MC-7E DELFT MC-84 SAFETY ORANG~E~2 4 B 6) ! 4 5 B) LRV 34% LRV 80% LRV 17% LRV 17% TURQUOISE MC-TE VAPOR MC-BB BRILLIANT WHITE BLACK LRV23, LRV72,, (PAM, EUR OE LRV.% LRVO% ENAMEL BEZW1) Primers Actual .~dmer color will va~/ depenolng on product I LRV 7E% LRV ~3% (INCUBTRIAL WATER ~ASEO representations omy ACRYLIC PAINT B4ZW110) MILL POND MC-78 GREY BLUE MC-87 ~ ZINC CLAD~ ETHYL SlUSATE LRV 36% / BOBV1 /66902 PERSIAN BLUE MC-79 HARBOR MC-,66 BLUE BRITE B59~W2 ZiNC CHROMATE 950Y1 LRV 28% LRV 23% SURF MC 80 ARCTIC BLUE MC-BE SILVER BRITE® 989511 KEM KROMIK® WHITE BEOWl LRV 66% LRV 26% INDUSTRIAL ALUMINUM PAINT 659SA NALV1TE PAINT BBOW3 LIGHT TEAL (2) MC-81 INOIGO MC-BO GREEN BRITE 6BBSWl I(ROMIK® E41N1 ~ LRV 29% LRV 7% I(EM KROMIK® 850N2 TILE CLAO® B62N71 Hi BILD CHLORINATED RUBBER B63N11 LATEX METAL PRIMER 942N8 UNIVERSAL METAL PRIMER BGCH6 $EP--27--99 MOH i I .'1:~ 24P67e..~-2477~.~'l~ 9405E~$72092 P. ~2 CITY of DEN~N~ TE~I ~;ctPaC BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) ~6 8~0 Olhce of C~ Att~ ~eb~ua;y 8, L989 ~fr. Jim ltuf£ AlrDanton Route l, Airport l~oed Deacon, Texes 76205 Dear Jim: ' AFter reviewing your proposed chesses to the preamble of the R~sta~ed Lease Agreement, ! find they are perfectly acceptable. I would however, £or the sake of the record, and for those who follow in our ~ootsteps~ prefer that language expletnin$ why old lease was amended remain included. Enclosed is a copy o£ the languase you forwarded us with cbs one additionI would like underlined. Please review thi~ at your convenience and advise Joe Horr~s oi Chis o/fica as ~o ~hecher [s acceptable, Very truly yours, Debra A. Drayovicch City A~torney DAD: Je xc: Rick Svehla, Deputy City Nanaser Enclosure 32381 WliEREAS, on Ausuac 30, L988,_Che City Coune£.t .autho=£.zad_c.h~e exe~ucion of an amended air~r~ lease a~eemen~ between cna utcy 0f ~n~on a~d Maverick A~=cra~, Ina** for and in consideration of amo~8 o~her ..ch~s, ~he dismissal o~ the lawsu~ styled ~ER~ on ~ober i~ 1988~ Tony A. Rtley, and Group Inc., as tieuholde=s~ ~rectosed on Haverlck AirurafC~ rish=s in and ~o said leasehold inCeres~ and Cook ~averick AlrcrafC~ Inc.~s inceres~ la said leasehold tn saC~s~c~ion deb~ o~d by Maverick Atrcra~ Inc** to Touy A. Riley and Group ~a~ Inc.; and ~ Tony A. Riley and Group ~e, Inc. have, ~or valp~bl~ uonsideraCion tran6~=red and asst~ed ~o Air~n~oa, ~nc. ali Tony A. Riley and Group One~ Inc.~s interest ~n said leasehold; and ~ER~S~ the ~rt~es w~sh to resta~e the lease agreenent to re~ect =he ~cc cha~ Atr~nton~ Inc. now holds the lease~ and AtrDenton Area 1 - Bast side of T-Hangars Length u 500 ft. Width u 55 ft. ~ 27t500 Area 2 - South end of T-Hangars Length u 314 ft. W~dth m 46 ft. g 14t444 Area 3 - Between T-Hangars Length - SO0 ft. Wldth - 60 ft. m 30~000 Area 4 - West 814o of T~Hang&rs Length u 500 ft. Width ~ 50 ft. - 25,000 Area 5 - Taxtw&y between new hangar/old hangar Length - 196 ~t. Width u 148 ft. ~ 29~008 Area 6 - Apron east side of old hangar' Length ~ 166 ft. Width ~ 74 ft. ~ 12,284 TOTAL = 138~236 sq. ft. - 15,360 sq. y&zds inspeCtiOn e~d L~cens~ng. 2. Sale of Aircraft Fuelss Lubricants and Propellants. 3.SCoring o£ Aircraft in HauEars st Tie-do.uA rase. Right to usm Vehicles to Service Aircraft. 6. Sale of Aerial Sutwmy, Photograph, t4apping and Sprayin$ 6erv~ces. 7, Operation end Sale of A~r Taxi and $1$htoeein$ Services. 8. o~eracion of Flight Inst~uctiouS. 9. Operation of Hen-Scheduled and Charter Ur Tr&n~portatiou of Passeniers. 10. Sale through Coin Operated readies 14achiest. spar&ties of Car Rental. 12. Shell be allo~ed to provide sleeping quarters end ecco=~odationm of around-the-clock security Suard. TBlt~ OF 1. 3i Og ~holeaele Price Per ~allou of All Fuel delivered to the Lessee, 2, 102 of Hauser or Tie-do~m Fees, 102 o! Car RR~UI~ SERVXCES Fuel - have available Grades and Octanes of Aviation gasoline mud Jet fuel nor=ally found sc mL~l&rA~rpor~s. 2. Provlde Ramp SeEvice for Sale of Aviation Fuels, Lubricant8 a~d Aviatiqn Products. , S~r/ee to S~ne~ 36~ days pe~ year, ~1 Fuel shall ~e~ ~.A.A. Require- uses per Circular 5230-A. A11 F~X abel1 be mdc available eiche~ by Tank T~ck, 8taCiona~ P~ o~ Suicable ~uip~C approved by the Fire ~rshal ~d ~or~ ~nqer. P~o~da ~ Se~ice fo~ Pawkiu$, 8~orasa a~ A Pilo~ ~u~e ln~om~ton Services, Talaphoae Se~e co Flishc Service S~a~iou, 36~ days pe~ yea~, 7. HaVe proper Fire Equtp~ ~d Fire Exctnsulehere as M~ be required b7 Federal, Scace a~d Local Fire Codec. 1,000,000 - Liability. CAll Folictes muse'be approved by Lessor** 2519L RESOLUTION NO. ~~ A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON INDEPENDENT SCHOOL DISTRICT FOR THE DEVELOPMENT OF A PARK LOCATED ON TEASLEY LANE, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That the City Council of the City of Denton, hereby approves an agreement between the City of Denton and the Denton Independent School District for the development of a park located at 2201 Teasley Lane and Longrldge Drive, a copy of which is attached hereto and incorporated by reference herein, and the Mayor is hereby authormzed to execute said agreement on behalf of the City. SECTION II. That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the/~day of ~ 1988. ATTEST, APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 2238L THE STATE OF TEXAS § AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON COUNTY OF DENTON § INDEPENDENT SCHOOL DISTRICT The purpose of this agreement is to provide for the deve- lopment of a park in the City of Denton. This agreement is made pursuant to the Interlocal Cooperation Act, article 4413 (32c) V.T.C.S., between the Denton Independent School District, hereinafter referred to as "District", and the City of Denton, Texas, hereinafter referred to as "City", and the parties agree to cooperate in providing for the operation of a public park in the City of Denton and, in furtherance of that general agreement, hereby agree to the following specific provisions: The District will permit the City to develop a public park on its property located at 2201 Teasley Lane and Longrid§e Drive in the City of Denton, Denton County, Texas. Said property is more particularly described in the attached survey map on Exhibit "A" attached hereto, which is incorporated herein by reference. The District will not be responsible in any way for the ~-t~e operation of the park. II. The City will: A Operate said public park in accordance with municipal regulations and the terms of this contract. B. Ma.intain the appearance of the Public Park and surrounding area and its access roads by clearing all trash on a biweekly basis. C. Permit the district to use park facilities at all reasonable hours when the park is open to the public. In this regard, the development of the public park is of mutual concern and benefit to the contracting parties. D. Remove all park equipment from the premises upon the termination of this agreement. E. Indemnify and hold the district harmless for any damages which arise from the Cityts negligent act or error operating the park. III. The District and City mutual agree that: A. The primary term of the..contract shall be for a period of five ($) years ~eginning on //-/~'-~ and terminating on //-- /~-- ~ , unless said contract period is extended through a new or renegotiated agreement made between the parties. Each renewed or secondary term shall last for a period of three (3) years. B. In recognition of the considerable investment required on the part of the citizens of the City of Denton, in both time and public funds, in the acquisition of a suitable location and the development of a public park facility, this contract may only be terminated for one or more of the following causes: 1) Should the City fail to comply with the provisions of this contract; 2) Should the City and District determine the need for said public park to cease; or 3) Should the district need the use of the above described property. IV. This agreement shall be binding on both the District and City, effective upon its execution. Either party may terminate the agreement, for one or more of the above causes designated as No. 1 and 2 in Article III (B) above, by giving ninety (90) days written notice of its intent to terminate the contract. The agreement may also be terminated pursuant to article III (B)(3), however, written notice of intent to terminate thereunder must be given at least ninety (90) days in advance. EXECUTED this the/~day of~::~~., 1988. CITY OF DENTON, TEXAS BY: ATTEST: NIFER~WALTEKS, CITY SECRETARY PAGE 2 APPROVED AS TO FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BOARD OF TRUSTEES, DENTON IN~ SCHOOL ~RICT ATTEST: APPROVED AS TO FORM: ATTORNEY FOR BOARD OF TRUST~.ES DENTON INDEPENDENT SCHOOL DISTRICT PAGE 3 2561L RESOL= ON NO A RESOLUTION IN APPRECIATION OF WILLIAM "KING" COLE. WHEREAS, citizens, elected officmals, board and commission members, and fellow employees were blessed with good fortune when William "King" Cole decided to begin his dmstingumshed career in City Management in Denton, Texas And, King's first of many positive and productive days in Denton was July 1, 1974, in the position of Administrative Aide to the City Manager And, Kmng quickly developed into one who epmtomized professmonalmsm and devotion while advancmng to the positions of Adminmstratmve Assistant, Assistant to the City Manager, and Assistant Cmty Manager before leaving us to become City Manager in Bellaire, Texas, on August 16, 1981, and WHEREAS, a library expansion program, Golden Triangle Mall, Peterbilt, Inc., Denton Municmpal Airport, a successful cable television franchise, and improved minority participation are but a few still visible and specific examples of the progress Willmam "King" Cole helped bring to our community by providing the City Council and Manager, Research and Economic Development Board, Community and Ethnic Relations Board, and Cable T V Advmsory Board with qualmty administrative leadership, and WHEREAS, William "King" Cole consistently strived to raise an already high standard of excellence wmthln the public adminmstra- tion profession by serving as a board member to the Texas Cmty Management Association and Dean of the City Management Fundamen- tals course at the University of North Texas, which, since its inceptmon in 1984, has enhanced the skills and knowledge of hundreds of professionals from a variety of disciplmnes, and WHEREAS, all those who jomn us mn honoring the memory of "King" desire more than anything else to let his family, Lee, Hunter and Scott, know that the friendships they made are everlasting and the City of Denton can always be called 'home', NOW, THEREFORE, BE IT RESOLVED That the Mayor and members of the City Councml oi the City of Denton desire to and hereby officially desmgnate December 7, 1988, as "KING COLE DAY" in the City of Denton, Texas PASSED AND APPROVED this the 15th day of November, 1988. JA~E HOPKINS, MAYOR PROTEM ALEXAND~I~ COUNCILMEMBER HUGH AYE~ COUNC~MEMBER RANDALL BOYD, COUNCILM~BER BOB GORTON, CObl~CILMEMBER ~INNIE MCADAMS, CO]]NCILMEMBER ATTEST DF~RA A. DRAYOVITCH, CITY ATTORNEY Next Document 2569L RESOLUTION A RESOLUTION ADOPTING THE BOUNDARIES OF THE SPECIAL PURPOSE ACTIVITY CENTER AS PART OF APPENDIX A OF THE DENTON DEVELOPMENT PLAN, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Denton Development Plan requires that the boundaries of the intensity areas to be included in Appendix A should be considered by the City Council, and WHEREAS, the Appendix A Task Force and the Planning and Zoning Commission considered the boundaries for the special purpose activity center and hereby recommend its adoption as part of Appendix A, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That the boundaries ior the special purpose activity center, a copy of which is attached hereto, is adopted as part of Appendix A of the Denton Development Plan SECTION II. That the City Secretary is hereby directed to attach a copy of this resolution to Resolution 88-057, which provides for the adoption of the Denton Development Plan SECTION III. That this resolution shall become effective upon its passage and approval. PASSED AND APPROVED this the~___~day of ~, 1988 ATTEST: J~FgR~ALTEI~S, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY SPECIAL PI,,RPOSE ACTIVITY CENTER NORTH 2569L RESOLUTION NO.~ A RESOLUTION ADOPTING THE BOUNDARIES OF THE SPECIAL PURPOSE ACTIVITY CENTER AS PART OF APPENDIX A OF THE DENTON DEVELOPMENT PLAN, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Denton Development Plan requires that the boundaries of the intensity areas to be included in Appendix A should be considered by the City Council, and WHEREAS, the Appendix A Task Force and the Planning and Zoning Commission considered the boundaries for the special purpose actiwity center and hereby recommend its adoption as part of Appendix A, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That the boundaries ~or the special purpose activity center, a copy of which is attached hereto, is adopted as part of Appendix A of the Denton Development Plan. SECTION II. That the City Secretary is hereby directed to attach a copy of this resolution to Resolution 88-057, which provides for the adoption of the Denton Development Plan. SECTION III. That this resolution shall become effective upon its passage and approval. PASSED AND APPROVED this the~___~'/day of ~, 1988 ATTEST' APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY SPECIAL PI.,RPOSE ACTIVITY CENTER NORTH I % 2570L NO./ A RESOLUTION AMENDING PARAGRAPH A.3 b OF CHAPTER V OF THE DENTON DEVELOPMENT PLAN (1988); AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission has considered an amendment to paragraph A.3.b of Chapter V of the Denton Develop- ment Plan and hereby recommends its adoption by the City Council, NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That paragraph A 3.b of Chapter V of the Denton Development Plan is amended to read as follows Appendix A to the Denton Development will incorporate a standard methodology for intensity analysis and the boundaries of the intensity areas. This appendix is to be developed by a committee comprised of representatives of the five planning areas, the Planning and Zonzng Commission and the Land Use Planning Commzttee. Appendix A will be approved and updated by the Planning and Zoning Commission and the City Council in accordance with the update procedures set out in the Denton Development Plan. The Executive Director for Planning and Development shall be responsible for preparing and updating the intensity calculations for each of the moderate and low zntensity areas in accordance with the standard methodology and boundaries contained in Appendix A SECTION II. That this resolution shall become effective immediately upon its passage and 9~proval PASSED AND APPROVED this /~ day of~, 1988. ATTEST ERpALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM DEBRA A. DRAYOVITCH, CITY ATTORNEY 2548L RESOLUTION NO ~_f°~ A RESOLUTION ADOPTING THE TECHNICAL ANALYSIS AND INTENSITY CALCULATION FOR AREA NO. 41 AS PART OF APPENDIX A OF THE DENTON DEVELOPMENT PLAN, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Denton Development Plan requires that the technical analysis and intensity calculations to be included in Appendix A should be considered by the Czty Council, and WHEREAS, the Appendix A Task Force and the Planning and Zoning Commission considered the technical analysis and the zntensity calculations for Area No. 41 and hereby recommend its adoption as part of Appendix A, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That the technical analysis and intensity calcula- tions of Area No. 41, a copy of which is attached hereto, is adopted as part of Appendix A of the Denton Development Plan SECTION II. That the City Secretary is hereby directed to attach a copy of this resolution to Resolution 88-057, which provides for the adoption of the Denton Development Plan. SECTION III. That this resolution shall become effective upon its passage and approval. PASSED AND APPROVED this the /~day of ~~=~, 1988 ATTEST JE~FER ~AL~rERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY LAND USE MANAGEMENT INFORMATION SYSTEM PLANNING AND DEVELOPMENT DEPARTMENT CITY OF DENTON Intensity area # 41 Type LOW Intensity trips/Ac 60 Traffic survey zones 6542 Boundary Description North Mtngo Flshtrap Road South University Orlve Date 10/20/88 East' Collins Road West Cooper Creek Road LAND uSE EXISTING LAND USE CURRENT ZONING PLANNED DEVELOPMENTS CATEGORY UNITS ACRES INTENSITY ACRES INTENSITY ACRES UNITS INTENSITY SF-16 ( 22 18,12 220 0 0 0 0 0 SF-10>16 0 0 0 0 0 0 0 0 SF-7>10 0 0 0 0 0 0 0 0 LESS SF-7 0 0 0 0 0 0 0 ~0 · NO8 HONES 27 5.66 270 0 0 11.5 100 1000 DUPLEX 0 0 0 0 0 0 0 0 MF-R 0 0 0 0 0 0 0 0 MF-I&2 0 0 0 0 0 0 0 0 COM/RET 0 7.12 4628 0.8 390 2.01 0 1306 5 OFFICE 0 0 0 0 0 0 0 INDUSTRY 0 5.36 562.8 113 06 11870.25 0 0 0 INSTI'NAL 0 0 0 0 0 0 0 0 PARKS 0 0 0 0 0 0 0 0 R/O/SPACE 0 0 0 0 0 0 0 0 TRANSPORT 0 29.74 0 0 0 0 0 0 AGRIC. 0 0 0 91.38 0 0 0 0 VACANT* 0 329,75 0 111.21 0 0 0 0 TOTAL 49 395,76 5681 316.24 12260 13.51 100 2307 INTENSITY CALCULATIONS (A) Existing Land Uae (1) Intenatty area total trtpa 395.15 times 60 23745 (2) Trips allocated to extattn9 land use 5681 (3) Trtpa allocated to vacant lands 329.75 times 60 19785 (4) Estimated unallocated intensity trips (1)mtnus (2)+(3) -1721 (5) Percentage of Intensity trips allocated 107 (8) Currant zoning (1) Intensity area total trips 395.75 times 60 23745 (2) Trips allocated to existing land use 5681 (3) Trips allocated to current zo~tng (tncl. planned devalol~menta) 14567 (4) Trtps allocated to vacant la~a not zoned plus Agrlc. zoning 12155 (5) Estimated unallocated intensity trips 1)minus(2)+(3)+(4) -8658 (6) Percentage of intensity trips allocated 136 *Vacant areas outside ctty 11mtts wtth no zonlng (Acs) 111.21 2559L RESOLUTION NO. ~ A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT TO THE TEXAS HISTORICAL COMMISSION A REQUEST FOR CERTIFIED LOCAL GOVERNMENT STATUS, IN ACCORDANCE WITH THE NATIONAL HISTORIC PRESERVATION ACT OF 1966, AND THE AMENDMENTS TO THE ACT APPROVED IN 1980, AS WELL AS RULES AND PROCEDURES FOR CERTIFIED LOCAL GOVERNMENTS PUBLISHED BY THE TEXAS HISTORICAL COMMISSION, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Denton, Texas, is concerned with preserving its history and cultural heritage, and WHEREAS, the City of Denton, Texas, values zts hzstoric sites and structures and wants to preserve them to mazntain the character of the City of Denton, and WHEREAS, the Act required the Czty to make an applzcat~on to the Texas Historical Commission, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON SECTION I. That the City Council of the Czty of Denton, Texas authorizes the City Manager to sign and submit to the Texas Historical Commission a Request for Certified Local Government Status and, if certified, to submit applications for matchzng grants. SECTION II. That the City Council of the Czty of Denton, Texas authorizes the City Manager to designate and name a local preservation officer. SECTION III. That the City Counczl of the City of Denton, Texas, authorizes the Executive Director of Planning and Development to handle all fiscal and admznistrat~ve matters related to the request and any subsequent grant applzcations SECTION IV. That the City Secretary is hereby authorized to furnish copies of this resolution to all interested parties SECTION V. That this resolution shall take effect immediately upon its passage and approval. PASSED AND APPROVED this the/~ day of~ 1988 ATTEST' F~WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM' DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 2571L RESOLUTION NO. ~ A RESOLUTION LEASING PARKING SPACES LOCATED ON THE WILLIAMS TRADE SQUARE AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton has improved and maintained the area known as the "Williams Trade Square", and WHEREAS, such improvements include paved parking spaces, and WHEREAS, the City of Denton desires to lease parking spaces in order to recover the cost of the maintenance and improvements, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That the Mayor of the City oi Denton, Texas zs hereby' authorized to execute an agreement between the City of Denton and County of Denton to lease parking spaces at the "Williams Trade Square", a copy of which is attached hereto and zncorporated herein. SECTION II. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the/~day oi~, 1988. ATTEST pNIFER~ALTERS, CITY SECRETARY ROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY I VIC BURGESS COUNTY JUDGE January 6, 1989 Honorable Ray Stephens 215 East Mckmney Denton, Texas 76201 Re Lease Agreement for W,lhams Trade Square Dear Mayor Stephens On Tuesday, January 3, 1989, Commissioners Court of Denton County approved the Lease Agreement w,th the City of Denton for a per]od of one year commencing on the 15th day of November, 1988. Enclosed is an original for the above mentmned contract. If you have any questions, please eaU. me at (817) 383-0298. Vle~B<ess~ County Judge VB/pr Enclosure COUNTY COURT OF DENTON COUNTY · COURTHOUSE ON THE SQUARE 110 W HICKORY · DENTON TEXAS 76201 · (817) 383 0298 · I 800 346 3189 ORIGINAL THE STATE OF TEXAS )( COUNTY OF DENTON )( LEASE AGREEMENT This agreement is made and entered into on this /~'~'day of.~~L~, 19~, by and between the City of Denton, Texas, hereinafter referred to as Lessor, and Denton County, Texas, hereinafter referred to as Lessee. WITNESSETH 1 Lessor leases to Lessee and Lessee leasees from Lessor hfteen (15) parking spaces at the Williams Trade ~q~are for a period of one (I) year commencing on the /~day of ~, 19~/, at an annual rate of One Hundred Sixth-eight Dollars ($168.00) each to be occupied as a parking lot only 2. Lessee will pay the rent annually on the/~ day of ~ with the payment for the first year being due at the time this lease is executed. 3. This lease may be extended for a one (1) year period by Lessee giving to Lessor thirty (30) days written notice prior to the expiration of the lease or any renewal thereof of tis intent to renew this lease, provided, however, that Lessee shall not have the right to renew for any term subsequent to the term expiring on ~ 1990. 4. Lessee agrees to allow Lessor to have free access to the premise% to leave the premises, on termination of the lease, tn good repair, not to assign nor sublet the premises or any part thereof, and to hold Lessor harmless and lndemmfy Lessor from any claim, damages or loss resulting from the use of the parking lot as to any use of said premises by Lessee. IN WITNESS WHEREOF, the parties hereto have executed this Contract to be effective the/May of ..~~, 1988. DENTON COUNTY, TEXAS CITY OF DENTON 110 West Hickory Municipal Building Denton, Texas 78201 Denton, Texas 76201 Hol~orable County Judse HM°an;orr~ l~ AS LESSEE AS LESSOR ATTEST MARILYN ROBINSON, County Clerk and Ex-Officio Clerk of the Commissioners Court of Denton County, Texas APPROVED API~OV~D A~ TO FORM: CiTY A*ITORNEY, CITY OF DEMON, Ti~XAS Denton County Attorney 2594L A RESOLUTION CHANGING THE REGULAR COUNCIL MEETING OF JANUARY 3, 1989 TO JANUARY 10, 1989, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the regular Council meeting of the City of Denton scheduled for January 3, 1989 is hereby changed, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON SECTION I. That the regular Counczl meeting to be held on January 3, 1989 be changed to January 10, 1989. SECTION II. That this resolution shall become effective immediately upon its passage and approval. ATTEST: ~TERS, CITY SECRETARY AS TO LEGAL FORM' DEBRA A. DRAYOVITCH, CITY ATTORNEY