HomeMy WebLinkAboutResolutions R97-001 to R97-077A \~MBULANC SER
RESOLUTION MO
A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN
THE CITY OF DENTON AND THE CITY OF LAKE DALLAS FOR AMBULANCE
SERVICES, AND DECLARING AN EFFECTIVE DATE
THE cOUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
~ That the City Council of the City of Denton hereby
approves an agreement between the City of Denton and the City of
Lake Dallas for ambulance services, a copy of which is attached
hereto and ~ncorporated by reference here~n, and the Mayor is
hereby authorized to execute said agreement on behalf of the City
~ That thzs resolution shall become effective immed-
iately upon 1ts passage and approval ~
P~SSEDAND APPROVED this the ~ day of , 1997
JACk/MILLE ,
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
AGREEMENT FOR AMBULANCE SERVICE
BETWEEN THE CITY OF DENTON AND
THE CITY OF LAKE DALLAS
Recitals
The City of Denton currently provides emergency medical ser-
vices to the citizens of Denton The City of Lake Dallas would
like to contract with the City of Denton to receive emergency
medical services for its citizens Pursuant to Chapter 774 of the
TEX HEALTH AND SAFETY CODE (Vernon 1992} and the Interlocal
Cooperation Act, TEX GOV'T CODE ANN §791 001, et seq , (Vernon
1994), a city may contract to provide emergency medical services to
the county or another city
A~reement
This Agreement is made on the ~- day of ~~=~--,
199~ , between the City of Denton, Texas ("Dent~'), and ~ City
of Lake Dallas ("Lake Dallas")
The parties agree as follows
1. Definitions Emergency Medical Services or E M S means
personnel and ground transportation vehicles used to respond to an
individual's perceived need for immediate medical care and to pre-
vent death or aggravation of physiological or psychological illness
or injury
2. Denton to Provide EMS to Lake Dallas. Denton shall
provide emergency medical services to Lake Dallas in response to
requests for emergency medical services in accordance with this
Agreement Ail requests for emergency medical services for persons
residing in the corporate limits of Lake Dallas shall be com-
municated to Denton in the manner specified by Denton
3. Discretion in Providing E.M.S. Lake Dallas understands
that Denton must also respond to requests for emergency medical
services for persons in Denton and that Denton has other contracts
to provide emergency medical servmces to other entities Denton
shall have the sole right and discretion, without being in breach
of th~s Agreement and without liability to Lake Dallas, to
determine
(a) Whether or not to respond to a request for medical
emergency service,
(b) Whether and when personnel or equipment are available
to respond to a request for emergency medical service,
(c) The order is which to respond to a request for emergen-
cy medical service, and
(d) The time in which to respond to a request for emergency
medical service
4. Service Pee In consideration for providing emergency medi-
cal services to Lake Dallas, Lake Dallas agrees to pay to Denton an
annual sum during each year of this Agreement determined by multi-
plying the population in Lake Dallas by Five Dollars and Seventy-
five Cents (3,750 x $5 75) The population figure used shall be
that contained in the latest edition of the North Central Texas
Council of Government's Realonal Directory The annual payment
shall be paid to Denton in equal quarterly payments on or before
October 1, January 1, April 1, and July 1, of each annual term
Denton may, after giving prior notice, suspend service to Lake
Dallas during any period of time Lake Dallas is delinquent in the
payment of any undIsputed service fee
5. Patient Charges In addition to the service fee paid by
Lake Dallas, Denton may charge and collect from persons provided
emergency medical services, the patient fees established by ordi-
nance of Denton
6. Goverrunental Immunity Not Waived Neither Denton or Lake
Dallas waives, nor shall be deemed hereby to waive, any immunity or
defense that would otherwise be available to it against claims made
or arising from any act or omission resulting from this Agreement
7. Term The term of this Agreement shall be in one year incre-
ments, beginning on October 1, 1996 and continuing to September 30
of the following year and thereafter from year to year until termi-
nated in accordance with this Agreement
8. Termination; Default Either party may terminate this Agree-
ment at any time without cause by giving ninety (90) days advance
notice in writing to the other, specifying the date of termination
If either party breaches a provision of this Agreement, the other
party shall give the defaulting party written notice of the de-
fault Should the defaulting party fall to correct the default
within thirty days of the date notice of default is sent, the other
party may declare the Agreement terminated Lake Dallas shall be
liable to Denton pro rata for the payment of emergency medical ser-
vices provided up to the date of termInation
9. Notices Ail notices sent under this Agreement shall be
mailed, postage prepaid, to the respective addresses, as follows
To Denton To Lake Dallas
City Manager Mayor
City of Denton City of Lake Dallas
215 E McKlnney P O Box 386
Denton, Texas 76201 Lake Dallas, Texas 75065
10. Agreement Not for Benefit of Third Parties This Agreement
is not intended and shall not be construed to be for the benefit of
any individual or create any duty on Denton to any third party
11. Assi~nment Neither party shall assign th~s Agreement
except upon the prior written consent of the other
EXECUTED on the ~ day of ~~__,~-- 199 ~
CITY OF DENTON, TEXAS
BY JAC~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
CITY 0~ LA~E DALLAS
ATTEST
SECRETARY
A \AMBULANC SER
RESO ,OTIUN NO
A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN
THE CITY OF DENTON AND THE CITY OF CORINTH FOR AMBULANCE SERVICES,
AND DECLARING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
SECTION I. That the City Council of the C~ty of Denton hereby
approves an agreement between the C~ty of Denton and the City of
Corinth 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 Immed-
iately upon its passage and approval ~
PASSED AND APPROVED this the ~7~ day of~, 1995
~AC~MIh~SR~ MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
AGREEMENT FOR AMBULANCE SERVICE
BETWEEN THE CITY OF DENTON AND
THE CITY OF CORINTH
Recitals
The City of Denton currently provides emergency medical ser-
vices to the citizens of Denton The City of Corinth would like to
contract with the City of Denton to receive emergency medical ser-
vices for 1ts citizens Pursuant to Chapter 774 of the TEX HEALTH
AND SAFETY CODE (Vernon 1992) and the Interlocal Cooperation Act,
TEX GOV'T CODE ANN §791 001, et seq , (Vernon 1994), a city may
contract to provide emergency medical services to the county or
another city
A=reement
This Agreement is made on the ~ day of ~~_~,
1997 , between the City of Denton, Texas ("Denton), and T~ City
of Corinth {"Corinth")
The parties agree as follows
1. Definitions Emerqency Medical Services or E M S means
personnel and ground transportation vehicles used to respond to an
individual's perceived need for immediate medical care and to pre-
vent death or aggravation of physiological or psychological ~llness
or injury
2. Denton to Provide EMS to Corinth. Denton shall provide
emergency medical services to Corinth in response to requests for
emergency medical services in accordance with this Agreement Ail
requests for emergency medical services for persons residing in the
corporate limits of Corinth shall be communicated to Denton in the
manner specified by Denton
3. Discretion in Providing E M.S. Corinth understands that
Denton must also respond to requests for emergency medical services
for persons in Denton and that Denton has other contracts to pro-
vide emergency medical services to other entitles Denton shall
have the sole right and discretion, without being in breach of this
Agreement and without liability to Corinth, to determine
(a) Whether or not to respond to a request for medical
emergency service,
(b) Whether and when personnel or equipment are available
to respond to a request for emergency medical service,
(c) The order is which to respond to a request for emergen-
cy medical service, and
(d) The tmme mn whmch to respond to a request for emergency
medical servmce
4. Service Fee In conslderatmon for providing emergency medm-
cal servmces to Corinth, Cormnth agrees to pay to Denton an annual
sum durmng each year of this Agreement determmned by multmplymng
the population mn Corinth by Five Dollars and Seventy-fmve Cents
(4,350 x $5 75) The population figure used shall be that
contamned in the latest edmtlon of the North Central Texas Councml
of Government's Reamonal Dmrectorv The annual payment shall be
pamd to Denton mn equal quarterly payments on or before October 1,
January 1, April 1, and July 1, of each annual term Denton may,
after gmvmng prior notmce, suspend service to Cormnth during any
period of time Corinth ms delinquent in the payment of any
undmsputed servmce fee
5. Patient Charges In addition to the service fee pamd by
Corinth, Denton may charge and collect from persons provided emer-
gency medical services, the patient fees established by ordinance
of Denton
6. Governmental immunity Not Waived Neither Denton or Cormnth
waives, nor shall be deemed hereby to waive, any immunity or de-
fense that would otherwmse be avamlable to it agamnst claims made
or arising from any act or ommssmon resulting from thms Agreement
7. Term The term of thms Agreement shall be in one year mncre-
ments, begmnnlng on October 1, 1996 and continuing to September 30
of the following year and thereafter from year to year until termi-
nated mn accordance with this Agreement
8. Termination; Default Either party may terminate this Agree-
ment at any tmme without cause by g~vlng nmnety (90) days advance
notice in writing to the other, speclfymng the date of termination
If either party breaches a provmsmon of this Agreement, the other
party shall give the defaulting party written notice of the de-
fault Should the defaulting party fall to correct the default
wlthln thmrty days of the date notice of default ms sent, the other
party may declare the Agreement terminated Cormnth shall be
liable to Denton pro rata for the payment of emergency medmcal ser-
vices provided up to the date of termination
9. Notices Ail notices sent under thms Agreement shall be
mamled, postage prepaid, to the respective addresses, as follows
To Denton To Corinth
Cmty Manager Mayor
City of Denton City of Corinth
215 E McKlnney 2003 South Corinth Street
Denton, Texas 76201 Corinth, Texas 76205
PAGE 2
10. Agreement Not for Benefit of Third Parties This Agreement
is not Intended and shall not be construed to be for the benefit of
any indIvidual or create any duty on Denton to any third party
11. Aesi~%ment Neither party shall asszgn thzs Agreement
except upon the prior written con~nt.of.~ -- the__ other
CITY OF DENTON, TEXAS
JACk/MI LLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
CITY OF CORINTH
ATTEST
.,,,:'"A~ c o£',",,,,,
,,,,'~ y.......:::~,,,,
BY
.-'~." A ".
S~CRETARY .:'' O' .'~ I\ '%"' %-
:- " :
% '. ..
-....... ........ ... /
PAGE 3
FILE REFERENCE FORM R97-003
X Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
FILES Date Initials
Amendment to Policy - R2007-035 10/16/07 J R
E \WPDOCS\RES\PARK POL
RESOLUTION NO ~
A RESOLUTION ADOPTING A POLICY SETTING GUIDELINES REGARDING THE
NAMING OF PARKS AND PARK FACILITIES, AND PROVIDING AN EFFECTIVE
DATE
WHEREAS, the Parks and Recreatzon Board has approved and
recommended a new policy to govern the naming of parks and park
facilities, and
WHEREAS, the City Counczl deems it in the public ~nterest to
adopt this policy, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
STI_S_S_S_S_S_S_S_~~ That the Park and Facilities Naming Policy, which
is attached hereto and made a part hereof for all purposes, zs
hereby approved and adopted
S CTI~ That all policies ~nconslstent herewith are
hereby repealed
~ That this resolution shall become effective
immediately upon its passage and approval
PASSED AND APPROVED this the ~ day of~~__,
199~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APP~'OVED AS TO LEGAL FORM.
HERBERT L PROUTY, CITY ATTORNEY
Park and Facilities
Naming Policy
1 Purpose
a) Establish general guidelines and procedures for the naming of parks and recreation
facilities
b) Provide name ldentffication for m&vldual parks
c) Promde name ldentificataon wherever appropriate for special buildings, structures,
facilities, areas/gardens
d) Provide for citizen input into the process of naming parks and facilities as
enumerated above
e) Insure control of the naming of parks and facilities by the Parks and Recrea'aon
Department and City Council through the recommendations of the Parks and
Recreation Board
2 G,neral Guidelines
a) Park property may be named after streets, geographical locatmns, bastoncal
figures, events, concepts, or local, State or National leaders Park property may
also be named for individuals or groups where major donations of land, funds or
other exceptional conmbutlons toward the development, maintenance and/or
operation of a park or facility have been made by the nominated individual or
group
b) With the exception of major donations, parks and recreation facilities shall not be
named for living persons In cases involving the names of local community
leaders, the following guidelines shall apply
1) the nominated individual shall have made exceptional contributions to
Denton parks and recreation and/or the community,
2) there shall be a clear and demonstrated consensus for the nominated name
c) Parts or areas within a park or recreation facility may be given a name wbach is
different than the park or bmlchng Such parts or areas may include (but are not
to lnmted to) gardens, playgrounds, athletic fields, structures, swimming pools and
meeting rooms Names for such facilities shall be established by the same
guidelines and procedures applied to parks and bml&ngs
d) The naming of a park, a facfltty or parts of a park or faelhty shall not be accepted
as a condttlon of donatmn, unless the value of the donatton exceeds $15,000 or
51% of the total project cost, wluchever ts greater Improvements valued at less
than $15,000 will not be affixed w~th names
e) Once a name has been esmbhshed, the Dtrector of Parks and Recreation will be
responstble for the tnstallatmn of appropriate sxgnage and markers w~ttun a
reasonable t~me
f) Contrtbuttons whmh do not merit namtng and whmh are valued at less than
$15,000 and comprise less than 51% of the project cost may be recogmzed Otfts
wtuch are valued at greater than $500 and comprise at least 25% of the project
cost may be recogmzed by plaque or marker At the request of the donor, the
Parks and Recreatton Department will provtde the plaque or marker for
contnbuttons of $2,500 or greater Such recogmtton for contnbutton of less than
$2,500 must be provtded by the donor All plaques and markers shall meet the
specfficattons of the Parks and Recreatton Department
Should a recogmtlon plaque or marker reqmre replacement, such replacement shall
be the responstbfltty of the ongtnal provtder of the marker or plaque
3 Name Changes
a) Requests for name changes may be considered by the Parks and Recreatton Board
The aforementioned gmdehnes for naming a park or facdtty shall generally apply
to name changes
b) In rexaewmg a request for a name change, the Board will gtve spectal
constderatton to any legal agreements or anthonzed written promises which were
made when the original name was estabhshed
c) If a change ts requested tn the name of an ex~stmg park or facfltty, such request
will not be acted upon by the Board until a s~gn stattng the request has been
posted on the affected property for a period of 45 days The stgn should d~rect
comments to the D~rector of the Parks and Recreatton Department
4 Procedures
a) Names for new parks shall typmally be estabhshed w~thm 90 days from the date
of land acqmsxtaon The name of new bmldmgs shall be estabhshed prior to the
completton of constructton Names for parts or areas of parks and famlmes may
be estabhshed at any ttme
b) The chmrman of the Parks and Recreatton Board shall name a conumttee that will
be responstble for recommemhng a name for all park lands and facfltttes to the
Board
c) The committee shall be responsible for research, study, and recommendation of
a proposed name to the Board Rationale for the selection of the recommended
name shall be given in writing Any recommendation which involves the name
of a person shall include the following
· a blograph:cal or reformational sketch,
· rationale supporting the nomination,
· the name(s) of the person(s) or supporting group(s) responsible for the
nomination
d) The Parks and Recreation Board shall approve or disapprove of the name
recommended by the committee
e) If the committee's recommendation ~s disapproved by the Board, then the matter
may be referred back to the conmuttee for further action
f) All recommended names for such faclhties must be approved by a majority vote
of the members of the Parks and Recreation Board
g) Upon approval, the recommended name shall be forwarded to the City Council for
their consideration and final decision
E \WPDOCS\RES\DISSOLVE ~DC
SO ,UT ON NO
A RESOLUTION AUTHORIZING THE DISSOLUTION OF THE ECONOMIC DEVELOP-
MENT CORPORATION OF DENTON, INC ("EDC"), ASSUMING THE EDC'S
CONTRACT WITH THE DENTON CHAMBER OF COMMERCE FOR ECONOMIC DEVELOP-
MENT SERVICES, AND ANY OTHER OBLIGATIONS OF THE EDC, DIRECTING THE
CITY ATTORNEY TO FILE ARTICLES OF DISSOLUTION WITH THE SECRETARY OF
STATE, AUTHORIZING THE MAYOR AND CITY SECRETARY TO SIGN SAID
ARTICLES OF DISSOLUTION AND AUTHORIZING ALL OTHER THINGS NECESSARY
TO DISSOLVE THE EDC, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING
AN EFFECTIVE DATE
WHEREAS, on April 9, 1996, the City Council passed Resolution
No R96-017, authorizing the incorporation and formation of the
Economic Development Corporation of Denton, Inc ("EDC") under
Section 4A of the Development Corporation Act of 1979, Article
5190 6, Vernons Tex Rev ClV Stat Ann , (Development Corporation
Act) approving the Bylaws and Articles of Incorporation of said
EDC, and
WHEREAS, the Articles of Incorporation of the EDC were filed
with the Secretary of State and the Secretary of State ~ssued a
Certificate of Incorporation, providing the EDC charter number
01402099-01, and the EDC became a legally recognized development
corporation under the Development Corporation Act on May 23, 1996,
and
WHEREAS, on January 18, 1997, the voters of the C~ty of Denton
defeated a proposition which would have approved the adoption of an
additional one-half of one percent sales and use tax within the
city to be used for the promotion and development of new and
expanded bus~ness enterprises under Section 4A of the Development
Corporation Act, and
WHEREAS, on January 21, 1997, the entire Board of Directors of
the EDC submitted their resignation, which resignation was accepted
by the City Council by resolution passed on January 28, 1997 to be
effective when the actions by the EDC necessary for d~ssolutlon had
been completed, and
WHEREAS, due to the defeat of the additional one-half of one
percent sales and use tax by the voters, the Board of Directors of
the EDC passed a Resolution on January 28, 1997, prior to the
Councll accepting their resignation, determining that the EDC does
not have the funds or means necessary to achieve ~ts purposes as
set forth ~n its Articles of Incorporation and Bylaws, that the
purposes for which the EDC was formed have been substantially
complied w~th or cannot reasonably be accomplished under these
c~rcumstances, that no bonds have been ~ssued and there ~s no
bonded ~ndebtedness, and that the EDC should be dissolved ~n
accordance w~th Sections 35 & 36 of the Development Corporation
Act, and
WMEREAS, the City Council deems it in the public interest that
the EDC should be dissolved, NOW, TMEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
~ That all of the recitals contained in the pre-
ambles of this resolution are found to be true and correct and are
adopted as findings of fact by the City Council as part of its
official record
~ That the City Council officially finds and
determines that, as a result of the defeat of the one-half of one
percent sales and use tax to be used for the promotion and develop-
ment of new and expanded business enterprises by a substantial
majority of the votes at the January 18, 1997 elect~on, the passage
of a dissolution resolution by the EDC in accordance with the
Development Corporation Act, and the resignation of the Board of
Directors of the EDC, that the purposes for which the EDC was
formed have been substantially complied with or cannot be accom-
plished under these circumstances and there is no longer any reason
to continue the EDC Accordingly, the City Council declares and
directs that the EDC be dissolved in accordance w~th Article XII of
the Articles of Incorporation, Sections 35 and 36 of the Develop-
ment Corporation Act of 1979, Section 6 05 of the Texas Non-Profit
Corporation Act, Article 1396-1 01 et seq , Vern Tex Clv Stat ,
and all other applicable laws
~ That the City Council hereby approves the
Articles of Dissolution of the EDC in substantially the form of the
attached Articles of Dissolution, which are made a part of this
resolution for all purposes as ~f written word for word herein The
Mayor and the City Secretary are hereby authorized to execute the
Articles of Dlssolutlon and any other documents necessary to
dissolve the EDC The C~ty Attorney is hereby directed to file
triplicate originals of the Articles of Dissolution with the
Secretary of State, to pay the filing fee for same, and to take all
other actions necessary to dissolve the EDC
~ That upon the issuance of a Certificate of Dis-
solution by the Secretary of State, the EDC shall cease to exist
and the title to all funds and properties then owned by the EDC
shall be transferred to the City The C~ty shall assume all obli-
gations of the EDC, including without llmztatlon, the assumption of
the exlstlng contract between the EDC and the Denton Chamber of
Commerce for economic development services, which was executed on
the 26th day of July, 1996, subject to the lnltlal term of the
contract being extended through September 30, 1997 with no increase
in funding The Mayor, the City Secretary, and the City Manager
are hereby authorized to execute an assumption of all obligations
under the contract between the Denton Chamber of Commerce and the
EDC in substantially the form of the Assumption of the Contract
between the Economic Development Corporation of Denton, Inc and
Page 2
the Denton Chamber of Commerce for Economic Development Services
attached to and made a part of this resolution for all purposes
The City Manager and the City Attorney are further authorized to
take any and all actions necessary including, w~thout limitation,
working with the Board of Directors of the EDC, to complete the
dissolution of the EDC and to assure that all lust debts and
obligations of the EDC are fully paid and that title to all funds
and property of the EDC are transferred to the City
~ That if any section, subsection, paragraph,
sentence, clause, phrase or word in this ordinance, or application
thereof to any person or circumstance is held invalid by any court
of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance, and the City
Council of the City of Denton, Texas hereby declares it would have
enacted such remaining portions despite any such invalidity
SECTION VI That the C~ty Council has found and determined
that the meeting at which this resolution is considered is open to
the public and that notice thereof was given in accordance with the
provisions of the Texas Open Meetings Law, Tex Gov't Code ch 551,
as amended, and that a quorum of the C~ty Council is present
~ That this ordinance shall become effective
immediately upon its passage and approval (~
~ASSED AND APPROVED this the ~ day of~ , 1997
J~ MILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEG~ FO~
HERBERT L PROUTY, CITY ATTORNEY
Page 3
ARTICLEB OF DISSOLUTION
OF
THE ECONOMIC DEVELOPMENT CORPORATION OF DENTON, INC.
A TEXAB NON-PROFIT CORPORATION
STATE OF TEXAS
COUNTy OF DENTON
We, the undersigned Mayor and City Secretary of the City of
Denton, Texas, pursuant to Sections 35 and 36 of the Development
Corporation Act of 1979, as amended, Tex Rev Clv Stat Ann art
5190 6 and in accordance with Section 6 05 of the Texas Non-Profit
Corporation Act, Article 1396-1 01 et seq Vernon's Texas Civil
Statute; Article XII of the Articles of Incorporation of the
Economic Development Corporation of Denton, Inc , a Texas Non-
Profit Corporation, and all other applicable laws, with the
approval of the governing body of the City of Denton, Texas
("City"), as evidenced by the resolution attached hereto and made
a part hereof for all purposes, do hereby adopt the following
Articles of Dissolution
1 The name of the corporation is the Economic Development
Corporation of Denton, Inc On April 9, 1996, the City authorized
the incorporation and formation of this development corporation
under Section 4A of the Development Corporation Act of 1979 by
passage of Resolution No R96-017, approving the Articles of
Incorporation and the Bylaws of the corporation
2 The charter number of the corporation is 01402099-01
3 A resolution authorizing the dissolution of the corpora-
tlon, Resolution No ~-OO~ , a copy of which is attached to
and made a part of these Articles of Dissolution for all purposes,
was, in accordance with Sections 35 and 36 of the Development
Corporation Act of 1979, adopted by a majority vote of the City
Council of the City of Denton on January 28, 1997 at a special
meeting of the City Council, at which a quorum was present, after
the defeat of an election to adopt a sales and use tax for the
promotion and development of new and expanded business enterprises
under Section 4A of the Development Corporation Act of 1979 A
resolution to dissolve was adopted at a meeting of the Board of
Directors of the Economic Development Corporation of Denton, Inc ,
held on Jahuary 28, 1997 at which a quorum was presen., determining
that the purposes for which the corporation was formed have been
substantially complied with or cannot be accomplished and that no
bonds have been issued by the corporatIon and that there is no
bonded indebtedness The corporation's resolution to dissolve, a
copy of which is attached to and made a part of these Articles of
Dissolution, was adopted at the meeting of Directors held on
January 28, 1997, and received the votes of a majority of the
Directors in office, there being no members having voting rights
respect thereof
4 Ail debts, obligations, and liabilities of the corporation
have been paid and discharged, or adequate provlslon has been made
therefor.
5 Ail the remaining property and assets of the corporation
have been transferred, conveyed, or d~str~buted to the City of
Denton, Texas, the govern~n~ entity which authorized the creation
of the corporation, in accordance with Section 36 of the Develop-
ment Corporation Act of 1979, Article XII of the Articles of
Incorporation, and the provisions of the Texas Non-Profit Corpora-
t~on Act
6. There are no suits pending against the corporation in any
court.
Executed this ~ day of ~ , 1997
ATTEST.
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
STATE OF TEXAS ~§
COUNTY OF DENTON §
BEFORE ME the underslgned authority, a Notary Public ~n and
for said State of Texas, on this day personally appeared Jack
M~ller, known to me to be the Mayor of the C~ty of Denton and the
person who ~gned and executed the foregoing Articles of Dissolu-
tion of the Economic Development Corporation of Denton, Inc , A
Texas Non-Profit Corporation, and acknowledged to me that this
instrument was executed for the purposes and conslderat~on therein
expressed
Page 2
GIVEN UNDER MY ~AND AND SEAL OF OFFICE this the ~ day of
t ~"...~ ST I1: F RI) Notary' Public in and for- the
~,~_~I~"'~I,OT~fPUBLIC, ST~OFTE~~'"o\ ~ State of Texas
STATE OF TEXAS
COUNTY OF DENTON
BEFORE ME the undersigned authority, a Notary Public in and
for said State of Texas, on this day personally appeared Jennifer
Walters, known to me to be the City Secretary of the City of Denton
and the person who signed and executed the foregoIng Articles of
Dissolution of the Economic Development Corporation of Denton,
Inc , A Texas Non-Profit Corporation, and acknowledged to me that
this instrument was executed for the purposes and consideration
therein expressed
C~LY~I~cGIVEN UNDER 1~,~ ~I~ SEAL OF OFFICE this the ,~ day of
~.~)N~BUC~ATE~T~ ~ ~ota~ Public in and for the
~ ~ ~ C~m~lon 5plm NA 19 ~7~ MyStatecommisslon°f TexaSExpires ~
STATE OF TE~S
CO.TM OF DENTON
~EEO~E ~E ~he undersigned au~hor~M~ a No,arM Public 2n and
~or s~2d S~a~e ~ Texag~ on ~h~s dam personallM appea~ed Herhe~
Prou~M, knox ~o me ~o he ~he C2~M ~orneM o~ ~he C2~M o~ Denton
and ~he person who 929ned and executed ~he ~orego2n9 ~r~2cles
D2ssolu~lon o~ ~he Economic Developmen~ Corporation o~ Denton,
Inc, ~ Texas Non-Pro~ Corpora~2on, and acknowledged ~o me ~ha~
~h~s ~ns~umen~ was executed ~o~ ~he purposes and consideration
~here~n expressed
GI~N ~DE~ EY ~D ~D SE~L OF O~FICE ~h2s ~he ~ day
._____ .................'
and for the
i ~3'*"Y Commis,,o, Ex,,res ~b 19, ~1_ ~ My Commission Expzres
Page 3
STATE OF TEXAS §
COUNTY, OF DENTON §
ASSUMPTION OF THE CONTRACT BETWEEN
THE ECONOMIC DEVELOPMENT CORPORATION OF DENTON, INC.
AND THE DENTON CHAMBER OF COMMERCE FOR
ECONOMIC DEVELOPMENT SERVICES
WHEREAS, the City Council of the City of Denton ("City") and
the Economic Development Corporation of Denton, Inc (EDC) passed
resolutions authorizing the dissolution of the EDC and d~rected
that Articles of Dissolution be filed w~th the Secretary of State,
and
WHEREAS, the Board of Directors of the EDC have all resigned
and their resignations have been accepted effective upon the
dissolution of the EDC, and
WHEREAS, upon the filing of the Articles of Dissolution w~th
the Secretary of State and the issuance of a Certificate of
Dissolution, the EDC w~ll be d~ssolved and cease to exist and the
title to all the funds and properties of the EDC will pass to the
City, in accordance with Section 36 of the Development Corporation
Act of 1979, Article 5190 6, Vern Tex Clv Stat , and
W~EREAS, the City wishes to assume all the outstanding
obl~gatlons of the EDC and to make provision for the payment and
discharge of all the EDC's debts, liabilities, and obligations,
~nclud~ng the assumption of the contract between the EDC and the
Denton Chamber of Commerce for economic development services
WITNESSETH
SECTION I
That the City hereby assumes all the terms, conditions, and
obligations of that certain contract dated the 26th day of July,
1996 between the EDC and the Denton Chamber of Commerce ("Chamber")
for economic development services, as amended, as set forth herein,
and shall be entitled to all the benefits and hereby assumes all
the obligations of sa~d contract, subject to the ~n~t~al term of
the contract being extended through September 30, 1997
SECTION II
That the Chamber shall, from the date of execution of this
Contract, provide all services under that Contract directly to the
City ~hrough 1ts C~ty Manager or his designee
SECTION III
That the C~ty Manager, or his designee, the Director of
Economic Development, shall be in charge of administering the
contract and keeping the Council informed of the Chamber's
performance under that Contract
SECTION IV
That within ten (10) days of their receipt of th~s document,
the Chamber and the Economic Development Corporation of Denton,
Inc w~ll have their duly authorized officIals execute an accep-
tance of this assumption of all the terms, conditions, and
obligations under the Contract
Executed this the ~f~ day of ~, 1997 CIT~ OF DEN~DN, TEXAS
ATTEST,
JENNIFER WALTERS, CITY SECRETARY
APPR~ED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Accepted by the Denton Chamber of Commerce by the undersIgned
duly authorized official on the ~Z~ day of ~, 1997
T tle
Accepted by the Economic Development Corporation of Denton,
Inc by t~he undersigned duly authorized official on the
day of ~., 1997
BY Harry Hall /~/
Title Preszdent
Page 2
ATTEST
ED SMITH, SECRETARY
Page 3
RESOLUTION NO ~
A RESOLUTION ACCEPTING THE RESIGNATION OF THE BOARD OF DIRECTORS OF
THE ECONOMIC DEVELOPMENT CORPORATION OF DENTON, INC , EXPRESSING
APPRECIATION FOR THESE DIRECTORS' SERVICE, AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, on January 18, 1997, at a special election called by
the C~ty Council, the voters of the C~ty of Denton overwhelmingly
re]ected a proposition that would have approved the adoption of an
additional one half of one percent sales and use tax w~th~n the
city to be used for the promotIon and development of new and
expanded bus~ness enterprzses under Section 4A of the Development
Corporation Act of 1979, Article 5190 6 of Vernons Tex Clv Stat
Ann , and
WHEREAS, on January 21, 1997 the Board of Dlrectors of the
Economic Development Corporatzon of Denton, Inc ("EDC"), Harry
Hall, President, Carl Anderson, V~ce President, Troy LaGrone,
Treasurer, Ed Smith, Secretary, and Rlchard Hayes submztted their
resignation as members of the Board of D~rectors, and
WHEREAS, the C~ty Council desires to accept the resignation of
the Board of D~rectors of the EDC and to express ~ts s~ncere
appreciatzon for their service in th~s capacity, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
~ That the reslgnatlon of the Board of Directors of
the EDC zs hereby accepted, such acceptance to be effectIve when
the Secretary of State has zssued a Certzf~cate of Dzssolut~on for
the EDC or when all actions by the EDC necessary to d~ssolve the
EDC have been completed, whzch ever event fzrst occurs
~_~ That the Clty Counczl expresses its szncere
apprecmatzon for the public service rendered by the members of the
Board of Directors, Harry Hall, Carl Anderson, Troy LaGrone, Ed
Smith, and Richard Hayes, and dlrects the City Manager to provide
each of the Directors w~th a true and correct copy of this
resolution
~ That thzs resolution shall become effective
~mmedlately upon ~ts passage and approval ~%
,PASSED AND APPROVED thls the~ day of , 1997
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
Pa~e 2
Next Document
RESOLUTION NO /~ ~--~-)~
A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FOR
MISCELLANEOUS DRAINAGE PROJECTS WITH BOND PROCEEDS, AND PROVIDING
FOR AN EFFECTIVE DATE
WHEREAS, the City of Denton (the "Issuer") is a municipal
corporation/political subdivision of the State of Texas, and
WHEREAS, the Issuer expects to pay expenditures in connection
with the design, planning, and construction of the projects
descrzbed on Exhibit "A" hereto (the "Project") pr~or to the
lssuahce of obligations to finance the pro3ect, and
WHEREAS, the Issuer finds, considers, and declares that the
reimbursement of the Issuer for the payment of such expenditures
will be appropriate and consistent with the lawful objectives of
the ~ssuer and, as such, chooses to declare its ~ntent~on, in
accordance with the provisions of Section 1150-2 of the Treasury
Regulations, to reimburse itself for such payments at such time as
it issues the obligations to finance the projects, NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
~ That the Issuer reasonably expects to incur debt,
as one or more series of obligations, with an aggregate maximum
pr~ncipal amount equal to $125,000 for the purpose of paying the
costslof the Projects
$~CTION II. That all costs to be reimbursed pursuant hereto
will be capital expenditures No tax-exempt obligations will be
issued by the Issuer in furtherance of this resolution after a date
which is later than 18 months after the later of (1) the date the
expenditures are pa~d or (2) the date on which the property, with
respect to which such expenditures were made, is placed in service
SECTION III That the foregoing notwithstanding, no tax-
exempt obligation will be issued pursuant to this resolutzon more
than three years after the date any expenditure which is to be
reimbursed is pa~d
SECTION IV. That this resolution shall become effective
lmmedzately upon Its passage and approval
PASSED ANDAPPROVED this the~7L day of~~.~, 1997
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Page 2
~~ ~ T~\WPDOCS\RES\RUNWAY17.R
RESOLUTION NO. ~-007
A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE TEXAS
DEPARTMENT OF TRANSPORTATION TO PROVIDE FINANCIAL ASSISTANCE FOR
CERTAIN IMPROVEMENTS TO THE DENTON MUNICIPAL AIRPORT, AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Denton intends to make certain
improvements to the Denton Municipal Airport; and
WHEREAS, the general description of the project is described
as "improvements to Runway 17 Safety Area"; and
WHEREAS, the city of Denton intends to request financial
assistance from the Texas Department of Transportation for these
improvements; and
WHEREAS, the City of Denton intends to name the Texas
Department of Transportation as its agent for the purposes of
applying for, receiving and disbursing all funds for these
improvements and for the administration of contracts necessary for
the implementation of these improvements, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. That the City Council authorizes and directs the
City Manager, or his designee, to execute an agreement with the
Texas Department of Transportation, and such other parties as shall
be necessary and appropriate for the implementation of the
improvements to the Denton Municipal Airport
S~CTION II. That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the /~ day of ~, 1997.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
HERBERT L. PROUTY, CITY ATTORN
TEXAS DEPARTMENT OF TRANSPORTATION
AIRPORT PROJECT PARTICIPATION AGREEMENT
(Federally AssistedAirport Development Grant)
TxDOT Contract No.' 7XXFA036
TxDOT Project No.: AP Denton
TxDOT CSJ No.: 9742DNTON
Part I - Identification of the Project
TO: The City of Denton, Texas
FROM: The State of Texas, acting through the Texas Department
of Transportation
This Agreement is made and entered into by and between the
TEXAS DEPARTMENT OF TRANSPORTATION , (hereinafter referred to as
the "State"), for and on behalf of the State of Texas, and the City
of Denton, Texas, (hereinafter referred to as the "Sponsor").
WITNESSETH:
WHEREAS, the Sponsor desires to sponsor a project for the
development of a public aviation facility, known or to be
designated as the Denton Municipal Airport under the Airport and
Airway Improvement Act of 1982, as repealed and recodlfled in Title
49 United States Code, Section 47101 et seq., (hereinafter referred
to as the "Title 49 U.S.C."), and Rules, Regulations and Procedures
promulgated pursuant thereto; and under V T.C.A Transportation
Code, Title 3, Chapters 21-25, et seq. (Vernon and Vernon Supp),
and
WHEREAS, the project is described as follows: professional
engineering design services for clearing/grubbing trees, regrading
and replacing security fence in safety area at the Denton Municipal
A~rport; and
WHEREAS, the Sponsor hereby applies for federal f~nancial
assistance and desires the State to act as the Sponsor's agent in
matters connected with the pro3ect described above; and
WHEREAS, the parties hereto, by th~s Agreement, do hereby f~x
their respective responsibilltles, with reference to each other,
with reference to the accomplishment of sa~d pro3ect and w~th
reference to the United States.
Page 1 of 16
NOW THEREFORE, pursuant to and for the purpose of carrying out
the provisions of the Title 49, United States Code, hereinafter
referred to as "Title 49 U.S.C.", and in conslderatlon of (a) the
Sponsor's adoption and ratification of the representations and
assurances contained in sa~d Airport Project Participation
Agreement and its acceptance of this Offer as hereinafter provided,
and (b) the benefits to accrue to the United States and the public
from the accomplishment of the Project and compliance w~th the
assurances and conditions as herein provided, THE TEXAS DEPARTMENT
OF TRANSPORTATION, FOR AND ON BEHALF OF THE UNITED STATES, FEDERAL
AVIATION ADMINISTRATION (HEREINAFTER REFERRED TO AS THE "FAA"),
~EREBY OFFERE AND AGREES to pay, as the United States share of the
allowable costs incurred in accomplishIng the Pro3ect, ninety
percent~m of all allowable project costs. Th~s grant is made on and
sub]ect to the following terms and conditions:
Part II - Offer of Financxal Assistance
1. The allowable costs of the project shall not include any costs
determined by the State to be znellglble for consideration as
to allowability under Title 49 U.S.C., the V T C A.
Transportation Code, Chapters 21-22, et seq , (Vernon and
Vernon Supp), and the Airport Zoning Act, Tex. Loc. Govt. Code
Ann. ~ 241.001 et seq. (Vernon and Vernon Supp).
2. It is estimated that the total design cost will be
approximately $11,111 (Amount A). It is further estimated that
approximately $11,111(Amount B) of the project costs wzll be
eligible for federal financzal assistance, and that federal
financial assistance will be for nznety percent (90%) of the
eligible project costs. The maximum obligation of the United
States payable under this offer shall be $10,000.
The total estimated project cost for the design and
construction phases of this project is estimated to be
Sill,iii(Amount C). The construction phase will be started
upon completion of design, dependent upon availability of
federal funds, and approval of the Texas Transportation
Commission. A separate grant or an amendment to this grant
will be issued for the construction phase of this pro3ect
This grant should not be construed as block grant funds for
the Sponsor, but as a grant for funding of the scope items as
listed on page one of this agreement. It is the intent of the
State to provide funding to complete the approved work items
of this grant and not to amend the scope of work to include
Page 2 of 16
items outside of the current determined needs of this project.
Scope of work may be amended as necessary to fulfill the
unforseen needs of this specific development project within
the spirit of the approved scope, sub]ect to the availability
of state, federal, and/or local funds.
3. It is estimated that the Sponsor's share of the design costs
will be Si,Iii(Amount D). The Sponsor specifically agrees
that it shall pay any project costs which exceed the sum of
the federal share (90 percent of Amount B).
It is further agreed that the Sponsor will reimburse the State
for any payment or payments made by the State in behalf of the
sponsor which are in excess of the federal percentage of
financial participation as heretofore stated in Paragraph
II-2. The State shall refund to the Sponsor, at the financial
closure of the project, any excess funds provided by the
Sponsor.
4. If there is an overrun in the total ellgible project costs
(Amount A), the State may increase the federal funds to cover
the amount of overrun not to exceed the statutory
fifteen (15%) percent federal funds limitation. The State
may, at the request of the Sponsor, participate in additional
eligible costs to the extent of the aforesaid appropriate
percentages and subject to the availability federal funds.
Participation in additional federally eligible costs may
require approval by the Texas Transportation Commission. The
State will not authorize expenditures in excess of the dollar
amounts identified in this Agreement and any amendments
thereto, without the consent of the Sponsor.
Payment of the United States share of the allowable pro3ect
costs will be made pursuant to and ~n accordance with the
provisions of such regulations and procedures as the State and
the Federal Aviation Administration, hereinafter referred to
as the "FAA", shall prescribe. F~nal determination of the
United States share will be based upon the final audit of the
total amount of allowable project costs and settlement w~ll be
made for any upward or downward ad3ustments to the Federal
share of costs.
5 During design, if the estimated eligible total project costs
exceed Amount C above, the Sponsor may request the State to
void this Agreement, whereupon the State shall agree to void
this Agreement upon the satisfactIon of the following
conditions:
Page 3 of 16
a. the Sponsor's request to the State to void the Agreement
shall be in writing and dated; and
b. if required by the State, the Sponsor shall reimburse the
State for funds expended on this project and Sponsor
shall assume the responsibility for any future State
expenses for contracted services or materials related to
the project for which a contract had been executed prior
to the Sponsor's request to void the Agreement. Sponsor
funds held by the State may be retained until this
requirement is satisfied; and
c. failure on the part of the Sponsor to comply with the
conditions of this paragraph shall constitute a breach of
this Agreement.
Upon satisfaction of the above conditions, the State shall
declare this agreement null and void, and this Agreement shall
have no force and effect, except that unexpended or
unencumbered monies actually deposited by the Sponsor and held
with the State for project purposes shall be returned to the
Sponsor within a reasonable time.
6. Sponsor's share of project costs, (Amount D),shall be paid
initially in cash when requested by the State. At project
closeout, Sponsor will be credlted w~th both cash payments
made under th~s paragraph and the value of any approved in-
kind contributions, and reimbursed for any credited amounts
that exceed Sponsor's share.
The value of all in-kind contributions made to the project of
property interests, engineering design, small mlscellaneous
costs and other expenses approved by the State and claimed by
the Sponsor as project costs for the purposes of determining
the Sponsor's share of total project costs (Amount D), shall
be determined according to federal and state rules,
regulations, orders, procedures, advisory circulars or any
other directives.
7. Sponsor, by executing this Agreement certifies, and upon
request, shall furnish proof to the State that it has
sufficient funds to meet ~ts share of the costs as heretofore
stated. The Sponsor hereby grants to the State and federal
goverD-ment the right, upon advance written request during
reasonable and regular bus~ness hours, to audit any books and
records of the Sponsor to verify said funds. In addition, the
Sponsor shall disclose the source of all funds for the pro3ect
and its ability to finance and operate the project.
Page 4 of 16
Following the execution of this Agreement and upon written
demand by the State, the Sponsor's financial obligation
(Amount D) shall be due and payable to the State in cash.
Should the Sponsor fail to pay said obligation, e~ther ~n
whole or in part, within 30 days of written demand, the State
may exercise its rights under Paragraph V-5 hereof. L~kewlse,
should the State be unwilling or unable to pay its obligation
in a timely manner, the failure to pay shall be considered a
breach and the Sponsor may exercise any rights and remedies it
has at law or e~l~ty.
8. The State shall make all reasonable attempts to acquire
federal funding for the completion and construction of this
project within two years of completion of design services.
The Sponsor hereby agrees to complete and construct this
project within two years of completion of design services,
subject to the availability of federal funds.
Part III - Sponsor Responslblllties
1. In accepting the Agreement, the Sponsor guarantees that:
a. it will comply with the Attachment A, Airport Assurances
(1-95) (State Modified 4-97), attached hereto and made a
part of this Agreement; and
b. it will, in the operation of the facility, comply with
all applicable state and federal laws, rules,
regulations, procedures, covenants and assurances
required by the State of Texas or the FAA ~n connection
with the federal grant; and
c. the Airport or navigational facility which is the sub3ect
of this Agreement shall be controlled for a period of at
least 20 years, and improvements made or acquired under
this project shall be operated, repaired and maintained
in a safe and serviceable manner for the useful life of
said improvements, not to exceed 20 years; and
d. consistent with safety and security requirements, it
shall make the airport or air navigational facility
available to all types, k~nds and classes of aeronautical
use without unjust discrimination between such types,
kinds and classes and shall provide adequate public
access during the term of this Agreement; and
Page 5 of 16
e. it shall not grant or permit anyone to exercise an
exclusive right for the conduct of aeronautical activity
on or about an airport landing area. Aeronautical
activities include, but are not l~mited to scheduled
airline flights, charter flights, flight instruction,
aircraft sales, rental and repair, sale of aviation
petroleum products and aerial applications. The landing
area consists of runways or landing str~ps, tax.ways,
parking aprons, roads, airport llghting and navigational
aids; and
f. it shall not permit non-aeronautical use of airport
facilities, unless noted on an approved Airport Layout
Plan, without prior approval of the State/FAA; and
g. it shall not enter ~nto any agreement nor permit any
aircraft to gain direct ground access to the Sponsor's
airport from private property ad]acent to or ~n the
immediate area of the a~rport. Further, Sponsor shall
not allow aircraft direct ground access to private
property. Sponsor shall be sub3ect to th~s prohibition,
commonly known as a .through-the-fence operation," unless
an exception is granted an writing by the State due to
extreme circumstances; and
h. it will acquire all property interests ~dentif~ed as
needed for the purposes of this pro3ect and comply with
all applicable state and federal laws, rules,
regulations, procedures, covenants and assurances
required by the State of Texas or the FAA ~n connection
with the federal grant in the acquisition of such
property interests; and that a~rport property identified
within the scope of this pro3ect and Attorney's
Certificate of Airport Property Interests shall be
pledged to airport use and shall not be removed from such
use without prior written approval of the State; and
i. the Sponsor shall submit to the State annual statements
of airport revenues and expenses as requested; and
J. all fees collected for the use of an a~rport or
navigational facility constructed with funds provided
under the program shall be reasonable and
nondiscrim/natory. The proceeds of such fees shall be
used solely for the development, operation and
maintenance of the Sponsor's system of airport(s) or
navigational facility(ires). Sponsor shall not be
required to pledge income received from the mineral
estate to airport use unless state and/or federal funds
Page 6 of 16
were used to acquire the mineral estate of airport lands
or any interests therein; and
k. an Airport Fund shall be established by resolution, order
or ordinance in the treasury of the Sponsor, or evidence
of the prior creation of an ex~stlng a~rport fund or a
properly executed copy of the resolution, order, or
ordinance creating such a fund shall be submitted to the
State. Such fund may be an account within another fund,
but must be accounted for ~n such a manner that all
revenues, expenses, retained earnings, and balances in
the account are discernable from other types of monies
identified in the fund as a whole. Ail fees, charges,
rents, and money from any source derived from airport
operations must be deposited in said Airport Fund and
shall not be diverted to the general revenue fund or any
other revenue fund of the Sponsor. Ail expenditures from
the Airport Fund shall be solely for airport or airport
system purposes. Sponsor shall be ~nellgible for a
subsequent grant or loan by the State unless, prior to
such subsequent approval of a grant or loan, Sponsor has
complied with the requirements of th~s subparagraph; and
1. all development of an airport constructed with program
funds shall be consistent with the A~rport Layout Plan
approved by the State and maintained by the Sponsor. A
reproducible copy of such plan, and all subsequent
modifications thereto, shall be filed with the State for
approval; and
m. following completion of the project where azrport
lighting is part of a project, the Sponsor shall operate
such lighting from sunset to sunrzse, either manually or
by radio control; and
n. insofar as it is reasonable and wzthln zts power, Sponsor
shall adopt and enforce zonzng regulations to restrict
the height of structures and use of land adjacent to or
in the immediate vicinity of the airport to heights and
activities compatible with normal airport operations as
provided in Tex. Loc. Govt. Code Ann. §§ 241.001 et seq.
(Vernon and Vernon Supp.). Sponsor shall also acquire
and retain avigatzon easements or other property
interests in or rights to use of land or azrspace, unless
sponsor can show that acquzsztlon and retentzon of such
interests wzll be lmpractzcal or wzll result in undue
hardship to Sponsor. Sponsor shall be ineligible for a
subsequent grant or loan by the State unless Sponsor has,
prior to such subsequent approval of a grant or loan,
Page 7 of 16
adopted and passed an airport hazard zoning ordinance or
order approved by the State~ and
o. it will provide upon request to the State, the
engineering or planning consultant, and the FAA copies of
any maps, plans, or reports of the project site,
applicable to or affecting the above pro]ect~ and
p. after reasonable notice, it will permit the State, the
FAA, and any consultants and contractors associated with
this project, access to the project site, and will obtain
permission for the State, the FAA, and consultants and
contractors associated with this project, to enter
private property for purposes necessary to this proJect~
and
q. it shall take all steps, including litlgat~on if
necessary, to recover funds spent fraudulently,
wastefully, or in violation of Federal antitrust
statutes, or misused in any other manner in any project
upon which Federal and State funds have been expended.
For the purposes of this grant agreement, the term
"funds" means funds, however used or disbursed by the
Sponsor or Agent that were originally paid pursuant to
this or any other grant agreement. It shall obtain the
approval of the State as to any determination of the
amount of such funds. It shall return the recovered
share, including funds recovered by settlement, order or
Judgement, to the State. It shall furnish to the State,
upon request, all documents and records pertaining to the
determination of the amount of the funds or to any
settlement, litigation, negotiation, or other efforts
taken to recover such funds. Ail settlements or other
final positions of the Sponsor, in court or otherwise,
involving the recovery of such funds shall be approved in
advance by the State; and
r. it will not, unless otherwise approved by the State,
acquire or permit any contractor or subcontractor to
acquire any steel or manufactured products produced
outside the United States to be used for any project for
airport development or noise compatibility for which
funds are provided under this grant. The Sponsor will
include in every contract ~ssued by the Sponsor, a
provision implementing th~s special condition.
2. The Sponsor hereby certifies to the State that it will have
acquired clear title in fee simple to all property upon which
construction work is to be performed, or have acquired a
Page 8 of 16
leasehold on such property for a term of not less than 20
years, prior to the advertisement for bids for such
construction or procurement of facilities that are part of the
above project, and within the timeframe of the project, a
sufficient interest (easement or otherwise) in any other
property which may be affected by the project.
3. The Sponsor's acceptance of this Offer and ratification and
adoption of the Agreement incorporated herein shall be
evidenced by execution of this instrument by the Sponsor, as
hereinafter provided, and said Agreement shall comprise a
contract, constituting the obligations and rights of the State
of Texas and the Sponsor with respect to the accomplishment of
the project and the operation and maintenance of the airport.
Such Agreement shall become effective upon execution of this
instrument and shall remain in full force and effect for a
period of at least 20 years.
4. Upon entering into this Agreement, Sponsor hereby agrees to
name an individual, as the Sponsor's Authorized
Representative, who shall be the State's contact with regard
to this pro3ect, and which individual shall have the authority
to make approvals and disapprovals as required on behalf of
the Sponsor.
5. Upon entering into this Agreement, Sponsor hereby agrees to
name at least three individuals, as the Sponsor's Consultant
Selection Committee, to represent the Sponsor in the selection
of engineering and/or planning consultants; and to name a
chairperson of the selection committee; and to provide a
suitable location for pre-bid and for pre-construction
conferences, and for the submission and opening of
construction bids.
6. The Sponsor and not the State shall, for all purposes, be the
"Sponsor" of the project identified above as defined in the
AIP. Sponsor agrees to assume responsibility for operation of
the facility in compliance with all applicable state and
federal requirements Including any statutes, rules,
regulations, assurances, procedures or any other directives
before, during and after the completion of this pro3ect.
7. The Sponsor by execution of this grant, certifies that it has
implemented, or will implement during this project, an
effective airport pavement maintenance management program, and
it assures that it will use such program during the period of
this Agreement. It will provide upon written request, such
reports on pavement condition and pavement management programs
as the State determines may be useful. Failure to comply with
Page 9 of 16
this condition may make the Sponsor lnel~gible for future
grants.
8. The Sponsor shall have on file with the State a current and
approved Attorney's Certificate of A~rport Property Interests
and Exhibit A property map.
9. The Sponsor shall have on file with the State:
(a) Certification Regarding Drug-Free Workplace Requirements;
(b) Certification Regarding Pavement Preventative Maintenance.
10. Unless otherwise approved by the State, the Sponsor will not
acquire or permit any contractor or subcontractor to acquire
any steel or manufactured products produced outside the
United States to be used for any pro3ect for airport
development or noise compatibility for which funds are
provided under this grant. The sponsor will include in every
contract a provision implementing this special condition.
Part IV - Non, nation of the Agent
1. The Sponsor hereby designates the State as the party to apply
for, receive and disburse all funds used, or to be used, ~n
payment of the costs of said pro3ect, or ~n reimbursement to
either of the parties hereto for costs incurred.
2. The State agrees to assume the responsibility to assure that
all aspects of the grant and project are done in compliance
with all applicable state and federal requirements ~nclud~ng
any statutes, rules, regulations, assurances, procedures or
any other directives, except as otherwise specifically
provided herein.
3. The State shall, for all purposes in connection with the
project identified above, be the Agent of the Sponsor. The
Sponsor herewith grants the State a power of attorney to act
as its agent to perform the followIng services'
Reoeiving DisbursingAgent:
a. apply for, accept, receive, and deposit with the State
Treasury any and all project funds granted, allowed, and
paid or made available by the State and/or the Un~ted
States under the AIP and congressional appropriation made
pursuant thereto, and the Sponsor;
Page 10 of 16
b. pay to the Sponsor, from granted funds, the portion of
any approved reasonable and eligible project costs
incurred by the Sponsor that are in excess of the
Sponsor's share;
Pa¥ing A4~ent:
c. receive, review, approve and pay invoices and payment
requests for services and materials supplied in
accordance with State approved contracts;
d. receive, review and approve reimbursement requests for
reasonable and eligible property acquisition costs
incurred by the Sponsor, provided the required
documentation is supplied;
ContraatingAgent:
e. advertise for professional engineerIng services for, but
not limited to, the preparation of plans and
specifications for the above project; certify consultant
selection procedures; provide notificat~on of contract
award for professional services, and negotiate
professional services fees;
f. administer Disadvantage Business Enterprises (DBE) and/or
Historically UnderutIlized Business (HUB) Programs in
accordance with federal and state regulations;
ContraotManagealentA~ent:
g. exercise such supervision and direction of the pro3ect
work as the State reasonably f~nds appropriate. Where
there is an irreconcilable conflict or difference of
opinion, Judgment, order or direction between the State
and the Sponsor, any engineer, contractor, or
materialman, the State shall issue a written order which
shall prevail and be controlling;
h. coordinate and review project plans, specifications and
construction.
Part V - Recitals
1. The State shall obtain an audit as required by federal or
state regulations; and acquire and forward to the FAA such
specific pro3ect documentation as is necessary to complete all
aspects of this project.
Page 11 of 16
2. The Sponsor, and not the State or the United States, shall be
the contractual party to all construction and professional
service contracts entered into for the accomplishment of this
project. The State is hereby specifically granted power of
attorney to execute on behalf of the Sponsor any and all
construction and professional service contracts related to
this project. The power of attorney is a limited power to
perform acts in connection w~th a~rport improvements as
specified in or necessitated by this Agreement.
3. The United States and the State of Texas shall not be
responsible or liable for damage to property or ln3ury to
persons which may arise from, or be incident to, compliance
with this grant agreement.
4. This Agreement is executed for the sole benefit of the
contracting parties and is not ~ntended or executed for the
direct or incidental benefit of any thlrd party. Furthermore,
the State shall not be a party to any other contract or
commitment which the Sponsor may enter into or assume, or have
entered into or have assumed, ~n regard to the above project
5. If the Sponsor fails to comply w~th the conditions of the
grant, the State may, by written notice to the Sponsor,
suspend the grant in whole or ~n part. The notice of
suspension shall contain the following:
a. The reasons for the suspension and the corrective action
necessary to lift the suspension;
b. A date by which the corrective action must be taken;
c. Notification that consideration w~ll be given to
terminating the grant after the corrective action date.
In the case of suspension or termination, the Sponsor may
request the State to reconsider the suspension or termination.
Such request for reconsideration shall be made within 45 days
after receipt of the not~ce of suspension or termination.
6. This Agreement is subject to the applicable provls~ons of the
Title 49 U.S.C., the V.T.C.A. Transportation Code, Title 3,
Chapters 21- 25, et seq., (Vernon and Vernon Supp.), and the
Airport Zoning Act, Tex. Loc. Govt. Code Ann. §§ 241.001 et
seq. (vernon and Vernon Supp.) Failure to comply w~th the
terms of th~s Agreement or w~th the aforementioned rules and
statutes shall be considered a breach of this contract and
will allow the State to pursue the remedies for breach as
stated below.
Page 12 of 16
a. Of primary importance to the State is compliance with the
terms and conditions of th~s Agreement. If, however,
after all reasonable attempts to require compliance have
failed, the State finds that Sponsor is unwilling and/or
%mable to comply with any of the terms and conditions of
this Agreement, the State may pursue any of the following
remedies: (1) require a refund of any money expended
pursuant to the Agreement here~n, (2) deny Sponsor's
future requests for aid, (3) request the Attorney General
to bring suit seeking reimbursement of any money expended
on the project pursuant to the Agreement herein, provided
however, these remedies shall not l~mlt the State's
authority to enforce ~ts rules, regulations or orders as
otherwise provided by law, (4) declare this Agreement
null and void, or (5) any other remedy available at law
or in equity.
b. venue for resolution by a court of competent ]ur~sdiction
of any dispute arising under the terms of this Agreement,
or for enforcement of any of the provisions of this
Agreement, is specifically set by Agreement of the
parties hereto in Tray,s County, Texas.
7. The State reserves the r~ght to amend or withdraw this
Agreement at any time prior to acceptance by the Sponsor. The
acceptance period cannot be greater than 30 days after
· ssuance unless extended by the State, which extension shall
not be unreasonably be denied or delayed.
8. This Agreement constitutes the full and total understanding of
the parties concerning their rights and responsibilities in
regard to this project and shall not be modified, amended,
rescinded or revoked unless such modlf~cat~on, amendment,
rescission or revocation is agreed to by both parties in
writing and executed by both parties.
9. Ail commitments by the Sponsor and the State hereunder are
subject to constitutional and statutory l~mltations and
restrictions binding upon the Sponsor and the State (including
§§ 5 and 7 of article 11 of the Texas Constitution, if
applicable) and to the availability of funds which lawfully
may be applled.
10. The Sponsor's acceptance of this Agreement and ratification
and adoption of the Airport Pro3ect Participation Agreement
incorporated herein shall be evidenced by execution of this
lnstr~ment by the Sponsor, as hereinafter provided, and th~s
Offer and Acceptance shall comprise a Grant Agreement, as
provided by the Title 49 U.S.C., constituting the contractual
Page 13 of 16
obligations and rights of the United States, the State of
Texas and the Sponsor with respect to the accomplishment of
the Project and compliance with the assurances and conditions
as provided herein. Such Grant Agreement shall become
effective upon the Sponsor's acceptance of this amendment.
11. This contract is subject to the approval as to form by the
Attorney General of the State of Texas.
Page 14 of 16
P&rt: VI - Aooeptanoe o£ the Sponsor
The Qftv of Denton. Texas does hereby ratify and adopt
all statements, representations, warranties, covenants and
agreements constituting the described project and incorporated
materials referred to in the foregoing Agreement, and does hereby
accept the Offer, and by such acceptance agrees to all of the terms
and conditions of the Agreement thereof.
City of Denton. Texas
Sponsor
Witness Signature ~ Signature
City Secretary cit~ Manager
Witness Title Title
Certifi~ate of Sponsor's Attorney
I, Michael A. Bucek , acting as attorney
for the City of Denton . Texas, do hereby certify that I have
fully exam/ned the foregoing Agreement and the proceedings taken by
said Sponsor relating thereto, and find that the manner of
acceptance and execution thereof, of the said Agreement by said
Sponsor, is in accordance with the laws of the State of Texas.
Dated at Texas, this
day ., 19 ·
Witness Signat~ Attorney's Signature
Director of _
Econqmlc Development Assistant Clt~ Attorney
Witness Title Title
Page 15 of 16
Part VI! - Attorney ~eneral'e A~proval
This contract is approved as to form.
Attorney General of Texas
BY:~a1
Date, 2-&%9 ~c~2
Part VIII - Acceptance of the State
STATE OF TEXAS
TF~.AS DEPARTMENT OF TRANSPORTATION
,
O;~ld ~ Fulton, DireCtOT
Aviation Divlsmn
Texas Department of Transportabon
Page 16 of 16
ATTACHMENT A - AIRPORT ASSURANCES (l-9$)(State Modified 4-97)
PART V
ASb~[IANCES
Airport Sponsors
I Thee ll$~lll'~ ~lmll T~ co~ wgi. h m ~ ~ffo~n~ of ~ ag~ for ~ develoP, ~ pllnnmE,
~ ~ ~ pw~ ~ ~r ~n
2 ~e ~ ~ ~ ~ ~ ~ ~ ~ of ~ ~n ~1~ P~c~aUon ~ (~PA) by ~o~
~ ~s ~ ~ p~lO~ of T~ 49. U S C. ~b~e VH. ~ ~ ~ ~ ~m. ~ ~ '~bhc
ag~ ~r' ~ a ~b~ ag~ ~ w~l of s pub~ ~n. ~ te~ "pnva~ ~mor" ~ a pnva~
U~ ~*~ of ~ ~ o~r by ~ ~mor. ~e ~ ~ ~m~ m ~ ~ pm of ~
1. ~ ~ or No~ ~m~ ~ ~J~ Unde~ by a ~Hc ~e~ ~r. ~ ~.
~ ~ ~ of ~ ~ ~ ~" ~s,n m ~ fo~ ~ e~ ~ ~ m~ ~ of
~ ~ or ~ ~ ~ ~ ~n ~v~m~t or ~e w~ pw~ pmj~. or
~ ~ m~ ~ of ~ pwJ~ ~ ~ wIthm a ~ ~ a ~e ~S~ p~ proJ~. ~ m
~y ev~ ~ W ~ ~ (20) y~ ~om ~ ~ of ~ne~ of a ~ o~ of F~e~ 9~M~ for ~
HoweV~. ~ ~ ~ ~ !~m~t ~ ~ ~on of ~ ~ ag~t e~lve n~ or ~ ~. ~om
~ w~ ~ ~ ~ p~ ~ ~ F~ 9~ ~ore, ~ ~on of ~ C~ ~
~ p~nnl~ U~ by a ~r. U~s ~m~e ~ m ~ ~ a~~m~m, ~y ~ 1, 2,
3, 5, 6. 13, 18, 30, 32, 33, ~ 34 m ~ C ~ly m p~n~mg pmJ~ ~ ~, ~, ~ ~ of
~~ ~m ~ ~ fo~ ~ ~ ~ ~ of~pmJ~
C. S~r ~on. ~ ~mor ~y ~ ~ ~, ~ ~ m ~ ~ ~t
1. ~ F~ R~, ~ ~ ~ ~ ~ ~k F~ ~ws, ~!~a~om, e~e o~, ~,
~t ~ ~ m ~ ~How~
~ ~on
a T~e49, USC,~,~
b Daw-~ ~ - ~ U S C 276(a), ~ s~ ~
F~ F~ ~f Stn~n~ ~ - 29 U S C 201, et seq.
d H~-SUSC 1501, as~-2
· U~ ~l~Uon ~s~ ~ ~ ~ A~uon Pohctes ~ of 1~0 - 42 U S C ~1, et se~.~
f N~H~e~a~I~-S~onl~-16USC 470(~~
g ~1o~ ~ H~tonc ~e~ ~ of 1~4 - 16 U S C ~9 ~ ~9c *
h ~ D~r ~on Aa of 1~ - ~ l~(a) - 42 U S C ~1~ ~
~ ~ (1-95~S~e MM~ ~ Page 1 of 12 ASW-PP-A-I
Rehab~!#A~on Act of 1973 - 29 U S C 794
Ctvfl I~n~h~s Act of 1964 -Tttle VI - 42 U S C 2000d through d-4
k AgeDIw~mmnnonActof1975-42USC 6101, etsea.
I A_~ Ban~r$ Act of 1968 -42 U S C 4151, ~ neq_~
m Powetpllmt
n Con~ctWorkHourslmdSafetYSt~nd~rdsAct-40UsC 327, etsea-'~
o Cop~lmnd
p N$~tonallinvtronrc~r,t*lPollcyActof1969-42USC 4321, et~ea_-~
q n,~d~n~red Speoea Aet - 16 U S C
r SmgleA~ActofI984-31USC 7~01, et~ea_?
s Dmg.Free Worklalace Act of1988 - 4! USC 702through706
Exeeutlv~ Orders
Bxecutive Order 12372 - Intergove~m~.m*l Rewew of Federal Program~
Executive Order 12699 - Se~*m,e Safety of Federal _*~nd Federally Assisted New Bufldm~ Constnsct~on~
l~ederal
a 49 CI~R Pair 18 - Umfollll m~lmm~*trattve ~ for grants ~ cooperaUve agreements to state and local
governm~'.uts
b 49 CIaR Past 21 - blOlldiscJ~mtn~t~oll m f~y-asslsted program~ of the Department of TranspottaUon - effectuaUon
of IMle VI of the C~ql Rights Act of 1964
¢ 49 CI~R ~ 2~ - ~ipallon by minority [RislllesS enteqanse m Department of Tramportatton programs
d 49 CFR ~ 24 - Uniform relocation assis~n~'~e and real property acquis~on for Federal and federally assisted
pl'ogram~
· 49 CFR Part 27 - NOIldisG~mmmf~oll on file basis of handicap m programs and acttvltles receiving or bel~fitm~ from
Federal fin~nc, ial assistance
f 49 CFR Past 29 - GOVe. mm~ut-wl~o debasm~m and suspension (non-procurement) and Govenlment-wlde requirements
for d~ug-free we&place
8 49 CFR Part 30 - Demal of pubhc works contrac~ to suppbers of goods and services of countries that deny
procun~m~n~ market access to U S collffactors
IL 29 CFR Part 1 - pr~_~res for prede, termm~ou of wage rates
i 29 CFR l~zt 3. Coll~ractors ired subcolltraetors on public b"~!am~ or pubhc work financed m whole or Pal~ bY l°ans
or gr~ from ~l~ Umted States
j 29 CFR Pair 5 - L~bor s~na~rds prOv~lons appllc, abte to conU~cts core.ring federally fi~nced and assisted
c~osm~mo~ (aim I~oz ~a~nis provf~o~ ~hc~ble to ~o~co~mct~oa comrac~ subject to the Co~tract Work Hours and
Saf~y
41 CFR P~ 60 - Offr, e of Federal Co~ct Com~!~*nce Prelims, Equal ~. loym~t Opportumty, Depam~nt of
I 14 CFR part 1 ~0 - Atl]~olt noise colllpaliblllty p!~nmn~
m 49 CFR l~t 41 - $eimuc ~ of Federal ~ federally assail or regulated new ~l~m~ consUucUo~.~
n 49 ~CFR Pa~ 20 - New resm~aon~ o~ lobbying
Office of M~?,me~t a~d Budget Cirr-~
a A-87 - Cost Prmc~plas Applicable to Gra~s a~d Contracts w~h State a~ Local Gove~meu~
b A-128 - A~a~ts of State and Local Governments
~ These laws do IlOt apply to alxport plAnmn~ spolisOrS
~ These laws do not apply to private sponsors
~ 49 CFR Part 18 and OMB Circular A-87 co~!n requtrements for State and Local Governmeots receiving Federal
assistance Any £equlreme~ lov~ed upou State a~d Local Goven~mauts by flus regulaUon and c~rculas shall also be apphcabl¢ to
private sponsors receiving Federal assistance under the Auport ~ A~way Improvemeot Act of 1982, as amended
Airport Assuranr~s (1-95)(State Modhfied 4-97) Page 2 of 12 ASW-PP-A-1
Specific assurances required to be included m grant agreements by any of the above laws, regulauons or clroulars are
incorporated by refi~rence m the grant agreement
2 Responsibility end Authority of the Sp0Rsor
a Public Agency Sponsor: It has legal authority to apply for the grant, and to ~nane~ ~ ~ 0~lt tl~ pl'0pO$~ project.
that a resolutton, motion or I~mllnr nclUon ~ ~ duly adopted or passed as an official act of the applicant's governing body
authonzmg the film_~ oftha APPA, II~ltld!n~ nil un~tnnchng$ ~ as$11fillce$ contained th~rom, nntl ~ nn~ nHtholazm~
the person ~ennfied ns the official representative of the apphcant to act tn connectton w~h the APPA and to provide such
addmonal mformaUon as may be required
b Private Sponsor: It has legal authority to apply for the grant and to n,,,ru-e and cany out the proposed project and
comply w,th~all terms, condmons, anll assurances of tim grant agreement It shnl~ des~.~nnte an official repreaen~!,ve and shall
in wrmng direct and anthonze that person to file this APPA, UICh!chn~ nil wld~r~tnnchngl ~ asilllarlce$ COntAins, el therein, tO
act m connection with tim APPA, and to provxle such s,ldmonal reformation as may be requn'ed
3. SponsorFandAvnilnhUlty. It has suffictent ~_~nds avaflable for 0aat pomon of tbe project costs winch are not to be p~
by ~ Ulllt~ State$ It has 8ufficltelli fimds $.vIu~l~ to as~lro opcl'~lon And mnmto, nnne~ Of ltem,q ~mdod l~r~nf
agreement winch ~t will own or control
4 Good Title
a It hOld$ good title, sIttlSflJ~Ol~ tO thf~ Secr~ry, to th~ lanclln~ area of t~ Miport Of $1~ th~l~Of, or will give assilrall~
b For noise compatibllLty program proj~ to be carried ouL on the property of the sponsor. ~t holds good Utle
samfactory to the Secreta~ to that pomon of the property upon winch Federal fhufl~ wlll be expended or ~ gtve assurance to
tbe Secreta~ that good latle will be
5. Preservin$ Rights and Powers.
a It will not take or permit any actton which would operate to deprive ~t of any of the r~hr~ and powers naceasaty to
perform any or all of tha ten~, con,mOm, and assurane~ m the grant agl~mem without the wrnten approval of the Secly~.ary,
an~ Mil act,promptly to acqmro, em%Zulsh or mo~y any ou~r~r~,n~ r3ght~ or cl~,m~ of right of otben winch would mterfere
wlth such performance by the spomor Tins shall be dona In a manner liC~a~l¢ tO the Secretary
b It will not sell, le~e, eno~mher, or nthatwtse transfer or d~pose of any part of Rs tttle or other mm~ts tn the
property shown on ltr. hlblt A to tins APPA or, for a norse con~atibflY~y program project, that potUon of the property upon
wluch Federal f~n,4, have been expended, for the dnsat~on of the terms, condmons, and assaxrance$ In the grant agreement
Improve~ma~n~ Act of 1982 to assume the obhglmons of the grant agreement and to nave tl~ power, anthomy, mi
resources tO cany out all tach obitgaUom, the sponsor shall insert in the contract or document mmsfemng or d~spostng of the
fpo~or's Interest, alld mak~ bLndm~o Ill}on the. transforce all of the terms, cotldlttoas, nnd ass'uranae8 conl;nmt,~ Ill ~ gl'alit
agrement
c For ~1 norse compafibthty program projects winch are to be camed out by another uRtt of local gOVernme-nt or are on
property owned by a umt of local governmm!lt other than the sponsor, ~t will enter into an agreement with tlmt gOVernment
Except as otberwtse specified by the Secretary, that agreement shall obi!gate that governm~ut to the s~me. terms, condmons, and
program project Tha~ agreement and chnn~es thereto must be satlslactory to toe aecretary It wtll ta~ steps to
agreement against the local government ff there ~s subs~nt~a! non-comphance w~th th~ terms of th~ agreememt
d FOr norse compa/ab~ty program proJects to be camed out on privately owned property, ~t will enter into an agreement
wRh the owner of that property winch includes prov~mons specified by the Secretary It will take steps to enforce tlus
agreement against the property owner wbenaver there ~s sub~tnntml non.comphance wtth the terms of the agreement
Airport Aasurane~s (l-95XState MOdllted 4-97) Page :3 of 12 ASW-PP-A-1
· If the sponsor ~s a private sponsor, nt will take steps satmfacto~j to the Secretary to emu~ that the an'port w~H continue
to function as a pubhcmse anpott m accord~ne-e wtth these assurances for the duraUon of these assurances
f ff nn an'angement is mnde. for man~?--~--nt and cperatton of the aupon bY anY agency or pe~on o~r t~n ~ ~or
or an employee of the sponsor, the sponsor will reserve ~ v~h~ an~ authority to insure that the atrport will be operated
alld m~,nt~m~d m acco~n'~ w~th the Airport and Alnvay Improvement Act of 1982. the regul~om and the terms, cond~nons
and i~sl~m~ m d~ ~ IIg~_-~ ~ sh~ll ~ tI~ SuCh. ~eanent Illso requires comp],~ne¢ therewith.
6 Consisteu~ ~ Load pl~? ~ pro]ect ~s reasombly consistent w~b pl~n~ (erasmig at the um~ of submission of tlns
APPA) of lmbbc sgmc~s U~ are au~omed by the State m wlue. h d~ prolect ,~ located to plan for the developmen~ of
area surm',~4m_o d~e mzpo~ Nor arose compalibflsty progrsm project~, other titan I.nd a~[IILSI~OII, tO b~ e. alTled ogt on
property not owned by ~ snport and over whw~ property another sgency has ~na use comrol or authority, Ihe spomor
~lmll O~,Sltn f~lm ~ ~ge~ll ~e. ilgy Ii wp_t~_~_~_de, g]lltatloll ~ $11gh ago, llgy ~llppoi~ that project ami the pro~e¢~
reasonably consistent with the agency's pi,n, regaram~ the property
7 Consid0ra~on o! Local Interest. It Ins ~iven flur com~deratmn to the n~erest of c. omm. miles m or ilear where the
ptojec~ Inay be located
8 Consul~ation with Users. In m~lan$ a decasum to .nae~ke any auport development project under the Anport and
An~ay ~Improv__,~,umt Act of 1982, ~t has under_stun reasonable cons.~tnu~ns w~h affected pames using the auport at
whtch project ~s proposed
9 Public Hearing. In projects mvolwng tbe loc.mon of nn a.u-port, an auport nmway, or a major nmway extemmn, u has
afforded the oppor,_m~, ~r public heanngs f~r tlne purpose of com~denng the econonuc, socml, and enwro,,m~.tn~ efl~ts
of the airport or nmway loca~on and ~ conmste~cy wtth goals and objectwes of such p~n,,n,._o as las been camed out by
the ea,~-,.mt~y and It ,hnfl= when requested by the Secret,s~, subnut a copy of the transcript of such heanngs to the
~ Further, for such project, ~t has on ~ mnn*gemeut board e~d~er voting represe, maUon f~om the
where the project ~s located or has advised the corem.nines that they have the right to petmon the Secretary concernm~ a
proposed project
10 Air and Water Q.n!uy Standards. In projects revolving au'port locatton, a major runway extension, or nmway locaUon
~t will prmade for the Governor oftbe state m winch the project ~s located to cemfy m w~.ug to the Secretat'y that the
project ~ be loc-*-t-o~-, des~?~l, cons~_,~_~, and operated so as to comply uath apphcable atr and water quahty
StnnanrdS In any case where such StnnanrdS have not been approved and where appheable atr and water q. nluy st?:~ds
have been prom, a?ted by the .~dmtnt~rator of the Environ~ntn! Protec~on Agency, certification shall be obt_nmod from
such .~dmms~tor Notice of ~ or refusal to cett~ shall be provided w.hm stay days after the project APPA
has been receaved by the Secretary
11 PavementProveutiveMnlntennnee With respect to a project approved after Jnrn~n-J 1, 1995, for the replac, ementor
~.mt~ne.e-m*nngement program and it assures that ~t ~ use such program for the useful life of any pavement
constructed, reconstructed or repawed w~h Federal finnncml ass~tnnoe at the aupoxt It will provide such reports on
paveaumt condmon and pavema-~t msnn$em~t programs as ~he Secretary determines may he useful
12. Term!~-n! Development Prerequisites. For projecls winch include termmnl development at a pubhe atrport, it has, on the
date ot~ subn~tal of the project grant request, all the saf~'y eqmpment reclmred for cemfic.~on of such auport under
Sec~on 612 of the Federal Av~aon Act of 1958 and aH the security eqmpment reqmred by role or regulaUon, and has
provided for access to the passenger enplnmng and deplnnm~ area of such an'port to passengers enplnnmg and depInmn~
from atrca'aft other thnn an' career aircraft
13 Accou~tln_o System, Audit, and Recordkeeping Requirements
a It ~hn!! keep all project accounts and records whtch fully chsclose the ~mount and chsposmon by the rec~pw, nt of the
proceeds oLthe grant, the ~ cost of the projec~ m connectton w~t whtch the grant ~s g~ven or used, and the amount or nature
of that pombn of the cost of the project supphed by other sources, and such other 6nnn~.~l records pemnent to the project The
accounts and records s~!! be kept m accora*m'e w~h an acco're"nE system that will facd.nte an effecUve a~_~d~t m accordance
Airport ASsurances (1-95XState Modified 4-9'0 Page 4 of 12 ASW-PP-A-I
w~th fl~e Single ,a,.th~ Act of 1984
b It shall tnak~ av~!~ble to the Secretary and th~ Comptroller General of tl~ Umted States, or any of titelf duly
anthonzed tepre~en~(~ves, for the/nupose of an&t and cxamma~om any books, documents, papers, and rcconls of thc
rec~tcntthat[arepenmenttotbegrant TbeSecreXarymayrequtrothatanappsupnatcand~tbeconductedbyarecq~zent In
any case ,. Winch an nxlependcnt andtt ts _m~d¢ of the accounts of a sponsor relaUng to the dtsposmon of the proceeds of a gra~
or relanag toitbe proJect m connect~n wtth whtch the grant was gtven or nsed, ~t shah file a certtfied ~y of such ~ wt~
the Comptroller (~l'al of th~ Ul~lted State~ IlOt later th~n SIX (6) mo,~h~ foHowlllg thc close of thc fi~ca] year for whtch thc
14. Mlnimzml Wage ~te~. It ~ include, In all cont~a~s in oxcess of $2,000 for work on an)' proJects folKled ~lllder thc
grant a~recnw, nt winch revolve labor, provtsions est~!~hln~ mm~m.m fate~ of wages, to be predetermined by the
Sec~tagy of Labor, m accord~n~ with the Darts-Bacon Act, as amended (40 U $ C 276a-276a-5), whtch con.actors
~hnll p~ tO ~k'llle~ nm4 nn~k~ll~ IS~Or, ~ ~tlCb mmlmnm 1'~ ~hnl! be Stat0d 111 tho mvttanon for bgls and ~B~!! be
mcleded m proposah or bids for the work.
1~ Vetortm~s Preference It ~h~!I inch~4~ 111 nil CO~ for WOrk on any project l~,nd~l .nd~ the grant agreement whtch
revolve labor, such provtslons as afc nesessaty to msuro tl~t, tn the employn~nt of labor (except m cxecuitve.
n~lmm~¥O, nnd ~l~ty ~!~tr41S), pl~ 8hall be given to V~Ol~ of th~ ¥1¢mnm ~ nn,4 dl~l~d vetorans
as defined tn Sechon 5lS(cXl) and (2) of the ALrpo~t and Auway Improvement Act of 1982 However, tlus preference
shall apply only where the mdt~h_~ ~,~!_~ at~ avatlable and c~,~!~d to perform the work to whtch the employment rela~
16. Conformi~ to pt~n~ and Sla~cfficatfons. It wtll execute the project subJeCt to phu~, spectficattons, and schedules
approved by the Secmary ~uch plans, spectficattons. _._.d sch~-!~ shah be subrmtted to the SeerV. ary prior to
COn~n~nvOtl~ of $1to pl~p~O~. CO~tI~C~IOI~ Or other po~fo~nnv~ ~ th~ grant agiO, nncl, llpon approval of
the Secretary. shall be incolpo~t__~ into this grant agroe~m~n~ Any medlficatlon to the approved plnn~, speclficattons, and
schedules shall aho be subJeCt to approval of the Secretary, and mcox-porated into the g~ant agreement
17 Construction Inspection and Approval. It will prov~l¢ and mnmtnm COIII~ te~TJllllC~] Su~orVtslOI1 at thc constl~lctlOll
stt¢ throughout the project to assuro th~ th~ work conforms to the plans, spectficattons, and schednles approved by the
Secretary for the project It ~h~! subject ~h~ ~on work on any project cou~ed m an approved projcct APPA to
inspection and approval by the Secretary and such work ~hall be In acco~nr-c with regnlatlons and proce&u~ prescnbed
by the ,~rotary Such ro~,!n.ens and proceduros ~hn!l roqmro such cost and progress ropomng by the sponsor or
18 plnnnln~ Pt~ects. In ca~ OUt plnnntn_e ptoJe.~X~
a it will exeoute tbe project in accordnn~ with the approved program narrative com~med m the ProJeCt APPA or wtth
tho ~ [~m~larly a~provod
b It will ftlrotsh tho Secretary with such POtlodlc rePol~ as reqtH~ed Pertamm~tO the pl~nmng prOJect al~d plnnmn~ WOrk
acUvlttes
¢ It will lllchlde m all pubh~hed matct~nl prepared In colHlectlon wtth flit pl~nnm~ proJect a notice that the llh~terlal was
prepared ,_~e? a g~nt prow. deal by the Un.ed States
d It will mnk¢ such matonnl avn~labl¢ for ¢~nmmntlon by the pubh¢, and agrocs that no material prepared wtth funds
Iltl~er th~ p~'oject shall be subject tO cepynght m the Umted States or any other count~
¢ It w21 give the Secretary unresmcted anthortty to pubhsh, d~s¢losc, d~stnbute, and otbe~w~se usc any of thc material
prepared m coanectton wtth th~ gnmt
f It wilt g_rant the Secretary thc right tO dtsappro¥¢ the sponsor's employment of specific colk~!!~mg atzl tbe~'
subcontractors to do all or any part of thts project as wcH as thc right to thsapprev¢ the proposed scope and cost of profcsstonsl
$¢rvIces
Airport As~urance~ (1-95XState Modified 4-97) Pagc 5 of 12 ASW-PP-A-I
g It will grant the Secretary the right to d~approve the use of the spomor s employees to do all or any part of the
projec~
h. It unders**~ and sgrees ~l~t ~he Secreta~'s approval of th~s project grant or the Secreta~'s approval of ~my plnnnm~
materud developed ~s pm of ~ gra~t does ~ c. ol~stltute or m~ply any assurance or c~omml~nellt on ~le pal~ of the Secreta~
~o approve any penam~ or future request for a Federal aupo~t ~rant
19 Operation and
a It will suitably operate ~ mmn~mn ~ ~llpOrt ~ ~11 fa~lll~ thereoll Or c, ollne~ ~rewlth~ with d~l¢ re~ard to
c~r~nc and flood co~di~o~s Any proposal ~o !~,m~o. ranly close the auport for nom~ronaut~cal purposes rm~*t first be
approved by ~he Secreta~ The aupo~t and all facilities which are necessary to serve the aeronauUcal users of the supo~, other
~lmn fa~llltl~ OW~ Or C, oI1Lrolle~ by {he Ulllied Statos, ,h~l! be operated at ali nme~$ m a ~ ~ serviceable Co~d~on and m
aC~7.Old_ ~n~ with ~ mlmmnm 8i'~'L~r~ ~ may be required or prescribed by spphcable Federal, state and local agencies for
m~m~e~e ~nd operation It will not cause or permit any acUvlty or ac~on thereon wluch would interfere w~h ~s use for
In futtl~rance of ~us assur~ce, the sponsor w~ll have m e~ at aU umes arrangements for-
(l) Operatm8 ~e aupo~t's ~erommucal f~c~lmes wheaever requn~l,
(2) Pro~y marku~ aud h~n~ ~ res~!l~n~ from mrpo~t comhnons, mcludm~ tempors.~y conamons, and
(3) pro~y no~i~g amnen of ~ny comhnon affecting aeronaut~ use of the auport
No~hm~ co~m,~l herein .~1! be co~tmed to reqmre ~hat the suport be ~ for aeromutlcal use dunng
periods wh~l~ 811ow, flood or o~er chm~ C~O~dlfiOllS ll~lCe with ~lch op~l~loll ~nd mmnte~n~x"~ FIIl'~her, no~hm~ l~rem
shall be consmled as requum~ ~he m*mt~m~n~, repan', restoraUon, or replacement of any structure or facallty wluch
mbs~mmlly~d~ms~ed Or destroyed dlle to a~. 8~t of (3od or otl~r c~md~t~o~ or ¢lrolm.stal~e b~yo~d the c, ollffol of fl~ spol~or
b It will stubbly operate ~ud mmnfmn nol~¢ c. ompatlbl~lty program ~ems that ~t owns or controls upon winch Federal
~m,t~ have ~
20 ~,,~;I Removal aad ~n. It vail take appropriate ac~on to assure that such term~! au'space as ~s required to
prot~ 11~ 8~ ~ Op~On.~ to the allpol~ (ll~ll~dm~ e~lbll~ mm~rm~m ~ ~_~d~.~) W~ be adequately
C~al'ed ~ pl'~.~C'~--~ by l~llKn~l~, Iowol'~g, re, loc~, l~4~n~; or b~h~m~ Or o~herwlse m~n?l~n~ eXl,~n~ allport
h~_~r~ ~ by prev~m~n~° the establ~hm~n~ Or Crea~ol~ of fu~alre aLrport ~
21. Compile Lmul Use. It w~ll ~ appropriate ac~on, mcb~dm~ the adolmon of ~onm~o laws, to th~ extent reaSOl~able, tO
resm~ ~. use of l~mt ad~ace~ ~o or m ~he *mm~'~ wcuuty of ~e aupo~t ~o acttvmes and purpos~ ~ ~
normal airpo~ c~m~mons, iuc, b~,,~ h~,~ and ~keoff of aircraft In ~O,non, ff ~he project ~s for arose
pro.am m~plemeamUon, · w~l ~ot cause or penmt my e~n~¢ m ~mi use. w~Um ~ .lunsdumon. ~mt
comlmibili~, w~ respect to ~e airport, of ~e no,se compa6bfl~] program measures upon winch Federal ~* lmve
been expended
22 Ecouomie NondiscBmlua~ou.
a It v~l make its auport avmlabl¢ as an aupo~t for pubhc use on fair and reasonable terms and without unjust
dls¢~m~nstton, to all types, kmd~ axial ~L~sses of aerol~a~-.al use
b ~ ~y 8~re~.m~nt~ c, on~ra~, ~a~¢, or o~her 8xra~elllelR ~r which a rl~ or privilege at th~ aupo~t ~s ~anted to any
person, firm. or corporation to conduct or engage m any acronauttcal act~v~y for fur~hm~o serwces to lhe public at the auport,
~he sponsor will insert amd enforce provisions requmn~ the contractor to-
(l) furmsh said services on a fiur, reasonable, and not unjustly dl$¢r~mm~.tory ba~ls to all uscr~ the~'~of,
(2) C~ffge fa~, rea~ol~le, ~nd llOt Ill~Jllstly dlS¢l~mln~tOl~ prices for each umt or serwce, prowled that the contractor
may be allowed to ~ reaSol~b[e ~ IlolldlscF~mm~Ol~ dlSC.~RIIHS, rebates, or other s~m~l:~r t~pes of Drlc~e red~aOllS to
volume pmv~sers
Airport Assursaces (l-95XStat¢ Modified 4-9~) Page 6 of 12 ASW-PP-A-I
¢ Each fixed-based operator at any auport owned by ~he spo~or shall be subJeCt to the $~me rates, fees, rent~% and
other cha~ge~ as are umformiy apphcable to all other fixed-based operators making the
~tth~m~ the 8al~e 0£ 8imtl~t
d ]Bach alt cam~ using ~uch aul~ort shall have ~e right to service ~tseff or to use any fixed-based operator that
authorized or permitted by the aupon to serve any air carnet at such aupon
e Each air CalTler ~m~ 8ttch allport (whether as a tenqnt, Ilontensnt; or alibi'anent of another air camer ten.m) shall be
subject to such nond~sc~mm~tmT ~nd sub~t~!!y compaIable ages, regnlstlous, condition, rates, fee~s, rent~!s, and o~
charges with reapect to facdit~es duectly and stthst~m~lly rela~d to prov;d,ng air tnmspor, aUon as are apphcable to all such a~r
calllers whle. h ~ s~mdnr USe Of 81Ich IuIpolt ~ UtiliZe ~:tm~lsr f'acdltles, subject to reasonable
or nonten~nt~ and s~]]ntoly camera ;md nons~g~lato~7 carriers Classffication or status as te~m or s~aatmT al]all not be
unreasonably w~thheld by any auport provided an ;ur career assum~s obhgatiom mbs!'sn.~lly 8~mdsr iO these already imposed
on ;ur camera m such classffication or status
f It vail eot exerc~e or 8~nt an~ ~ or pnvdege which operates to p~vent any person, firm, or corporaUon operating
all'Cil~ Oll the Idlpolt, I~om pel~)nnm~ ~ SelTles8 0111tS OVal alIC13i~ with ~ OWl1 elll~loyee8 (lllC]ndm~; hilt 110( hm~ted to
m~m~en~¢, repair, and fuebng) that it may choose to perroml
g h the event tbe spo~or aself exercises any of the rights ;md pnwleges referred to ,n flus assurance, the sen, ices
revolved will be prov~___~!_ on the same condlttnns as would apply to the fur~hmg of such services by con. trots or
concesSlousLres of the spousor t~]der these provisious
h. Tl~ spousor may estabhsh such fa~, equal, aad not unjustly discr~mmatory cond~Uous to be met by all use;s of the
supon as may be neceasa-,7 ~t the safe ~ effic~ operation of the anpon
~ The spo~or may prolub~ or hm~t ally ~lvell typ6, ~ or class of aeroilalltlcal use of
necessa~ for the safe operation of the aupo;t or necessary to serve the civil aviation needs of the pubhc
23 Exclusive Rights It will pemut ao exclusive right for the use of the au'pon by any l~rson prowamg, or intending to
provide, aerol]antlcal services to ~ ptlbhc Nor purposes of this pal-asiaph, ~ providing of the serelces at an anpon by
a single ftxed-besed operator sh~l not be covstmed as an exclusive z~,ht ffboth oftbe following apply
a It would be umressmu~bly costly, burde~ome, or impractical for more ~t~n one fixed-based Operator to provide such
services,
b If allowm8 more ~.n one fixed-based Operator to p;ovlde such services would requ~ the reductlco of space leased
pu.r~,lnt tO ~n eX~ ~ betwee~ ~ sm~ele fi~ced.based operator and tach an'pon
It further agrees that it will aot, eather directly or m,t~rectly, 8ra~ or pemnt an}, person, rum, or corporaUon, the exclusive
~ at the aL, pon to co~uct sm/seronm~.eal ac~vitias, mcl,,dm~, but not bm,ted
~t.! and sigl~leetng, aerial pholography, crop dusting, aerial advert~mg ~nd surveying, air career Operatious, alrcratt sales
sad semce;, sale of av~.s~on petroleum prodacts whether or not co~lucted m conjancOon w~th other aeronatmcal a~vity,
repair mi m.,.t~nsn~= of s~rcraft, sale of ai.resatt pans, and any other a~vmes wluch became of tbe~r du~ relaUouship (o tbe
oi~.~atlon of aff~raf~ ~ be regalded as all aerolL~tl~l activity, al~ that it will termmnte al~y exclusive nght ~o conduct an
aeronautical a~avlty now eyastmg at such an auport before tbe grant of any as$~sL~ce under the A~port and Auway
Improvement Act of 1982
24 Fee and Rental Structure. It will mnmtnm a ~.e al]d rental structure consistent w~th As~u'ance 22 and 23 for the fa¢~hUes
and services being provided the airport users wluch will make the au'po~ as seffoSust~mmg as puss~ble under the
cmRm~s~mcos eyastmg at the pamcolar anl~ort, takang into account such factors as the volume of traffic and economy of
collection No part of the Federal share of an auport development, an'port p!~nnmg or no~se compatthfl~ty project for
wluch a gr~t ~s made u~der the Auport and Au~ay Improvement Act of 1982, the Federal A~q~ort Act or the Aupon and
Au'way Development A~ of 19~0 gh~ll be mehided 111 th~ rate bas~s m establ~hmg fees, rates, and charges for users of
that airport
Airport A~ur~mees 0-95)(State lviothfied 4-97) Page '7 of 12 ASW-PP-A-I
2S Airport Revenues. Iftl~ anport Ls under tl~ consol ofa pobl~ agency, all rcveaues genarated by the anport and any
local ~.es on avia~en fuel established alter De~r 30, 1987, will be expended by it for the eap~l or opera~ng costs
of tbe allport, ~e local an~ort system, or o~er local fa~flmea wb~h as~ owned or operated by the owner or operator of
fue alrpoll and directly ~md substln~l~!ly related to the actnal ntt uamportatlon of passengers or property, or fur muse
Im~lgst~011 lxuposes On or off the anpoR Provided, however, ~ ff coven~nt~ or assusances m debt obhgauous Issued
before Septmher ;3, 1982, by the ownar or ~erator of the airport, or provlslous enacted before SelXember 3, 1982, m
governm~ sta_n~!~ Con~olhn~ the owner or q~rator'8 fin~na, mg, provzle for the use of the revemes from any of the
airport owRer or operator's fac2lltles, Ill~h~tn_.~ ~he airport, to gtlt3port ~ot only the airport hot al/lo fue airport owner or
operator's general debt obhga/lous or other futilities, then tim hm~ts~lon on tbe use of all revenues genarated by the anport
(and, m thebe case of a pobhc auport, local taxes on avmtion fuel) shall not apply
26 Reports and Inspections. It wnl
(a) ~ubl~ to the SecAw. ary tach snmml 0£ Special finsn~l~l alnl O~l~atlous repom ~ the Secret~ iBay ~asonably request
and make such reports avmleble to the pobhc,
Co) make available to the pubh¢ at reasonable hm.-s and places a report of the anport budget m a format prescribed by thebe
Secmary,
(c) for ILtport development projects, m~k~ tbe au'port and all enpoR records and do~mt~nt~ aff~otmg ~J~ all~Ort,
mchdmg deeds, ~, opolamm and use agreements, reg~l~ous ~Lqd other msWameots, available for luspect~on by any duly
aotl~orged aieat of thebe Secretary upon reasonable request,
(d) for noise compaRblht~ program prose, ot~, make records and decumems relating to tbe project and cOntlmled
w~h the terms, cond~nom, ami assurances of thebe grant s~ecment mcludm! deeds, leases, agreements, regnl~ons, and other
mstn~m~s, gvaflable for mspec~on by any duly ~thnrlzed agent of the Secretary upon reasonable request, and
(e) m a,format prescribed by tbe Secretary, prowde to tbe Secretary and make available to the pubhc, not later th~n 60
days foItowll~g each of it8 figcal years, ~ndm~ II,er March 1, 19~, an ~nm~l report listing 111 detail
(0 ali amounts pazi by theg auport to any other umt of governme-nt and the purposes for which each such payment was
(u) all services and propeRy provided by the aLport to other umts of goveTnm~t and the amount of compousatton
received for provision of each such servlc, e ~ property
2?. Use by Government Aircraft. It will mak~ avmlable all of the halmes of the aw.0ort developed ruth Federal
assl~et~n?e and all those usable for I~ndin5 ~ tel0~Off of atrcrafl to the Umted States for use by Government aircraft m
commml wi~ ~ aLrCU~ at ~11 ~ without chasSe, except, If the use by Government an'craft Is sub~nfl*l, ~h~rge
may be m~de for a reasonable share, propomonal to such use, for the cost of operating and m~lnt~mm_.a the fgc211tles used
Units otlgl'wlse determm,~l by the Sec. retasy, or otbel3vIse agreed to by the sponsor and the using agency, subst~nn~l use
of an airport by Government a~crafl w~ll be cous~desed to ex~st wben openmous of such aucra-R are m excess of fu/)se
which, lln the oplDlon of the Sec~, wo~lkl ~mthlly lote/fere with Rse of the ~ndm_.~ ale. ag by other IRlthollzed astctlL~, or
derlng any c. al. enchr ~ that-
a Five (5) or more Government au'craft are regularly based at the auport or on land adjacent thereto, or
b Tbe total m~mher of movements (couotmg each landlRg as a movement) of Govemme~ aircraft Is 300 or more, or the
gross acom~!~t~ve weight of Gove~'nmeot aircraft uslllg the aLrport (the total moveln~nt of C-overllment affcrlLR n~lt .ml~d by
gross weight8 of suGh all~rlL~) Is ii1 exc. e:/$ of five m~lhOll po~mclg
28 Land for Federal FacllRles. It will furmsh w~hout cost to the Federal Government for use m coonectlon wRh any att
traffic colltrol Or air l~Vlgatton actlvKles, or weather-repol~311g ~ comrmm~catlOn ac, tlvltl~ related to a~r traffic control,
any areas of ~d or water, or estate thereto, or rights m bu~dmg$ of the sponsor as the Secretary considers necessary or
desirable for consmlctton, oporatton, and mamtemmce at Federal expense of space or facthttes for such po_tposes Such
Airport Assurances (l-9$XState Modified 4-97) Page 8 of 12 ASW-PP-A-I
areas or any pomon thereof will be made avadable as provided hereto witlun four months after receipt of a written request
from ~he Secreta~
29 Airart Layout Plan
a It will keep up to date at all tunes an auport hyout plan of the anport showing (1) bouadanes of tho aw~o~ ~ ~
proposed _~om thereto, togetber w~th the be*red,res of all offsUe areas owned or controlled by the sponsor fl~r an'pon
pu~oses and proposed ~u~mom thereto, (2) the location and nature of all erastm~ and proposed anpon facfl~ies and muaures
(such as nmways, taxlways, aprons, terminal braidingS, h~ng~'S and roads), mcludm$ all proposed extcoslons ~nd reductions of
emsUng airport facfl~es. ~ (3) the lecaUon of ail eyasung and proposed nonavmUon areas and of all eyastmg ~nprovements
thereon. Such anport layout plato ~ each *mo.~lnumt, revision, or mo&ficatiou thereof, sh~l! be subject to the approval of the
Secretary wl~h approval shall be ~ by the S~,natare of a duly authorized representaUve of the Secretary on the face of
the anport layout plan. The sponsor will not Inake or permit any ehnn~es or allemUom m the anport or any of ~ facfl~es
which are not m confonmty w~h the au'port layout plan as approved by the Secretary and which nught, m the oplmon of the
Secretary, adversely affect the safe~y, ~ or effic~ncy of the anport
b If a e~n~e or ~auon m the anport or the ~ Is made which the Secretary determm~ adversely affects the
s~fi~, nnh~y, or efficiency of any federally owned, leased, or funded property on or off the an'port and which Is not m
confonmty w~h the airport layout plan as approved by the Secret~, the owner or operator w~l, ff requested, by the Secremy
(1) el~mm~t~ such adverse e./fect m a r~nn~r approved by the Secreta~. or (2) bear all costs of £eloc~un~ ~ property (or
replac~r~nt,thercof) to a s~ aecelXable to the Secreta~ ~ all cnsts of ~estonng such property (or replac~r,~nt thereo0 to the
level of saf~y, ~lllty, efficlellcy, and cost of oporai~o~ exist~g befole the un~?proved change In the anport or its facdme, s
30 Civil Rights. It will comply with such mle. s as are promulgated to assure that no person shall, on the iron,rut* of race,
creed, color, ~onal on/m, sex, age. or h~nd~e~0 be excluded from partlc~tm~ m ally activity col~/hloted with or
bene~tin~ from ~mds received from fins grant Tim assurance obligates the sponsor for the period dunng which Federal
fine.iai assistance Is ¢~and~d tO the program, except where Federal finznclal assistance Is to provide, or Is m ~ form of
per~oual proporty or real propony or interest thereto or struaures or m~provexaents thereon m which case the assurance
obhgates ~be spo~or or any transferee for the longer of the following periods (a) the period during winch the property Is
used for a purpose for which Federal f~nn~ufl assistance Is extended, or for another purpose revolving the provu~on of
s,mdn~ serwces or boneflts, or Co) the period during which the sponsor re~sm~ ownership or possession of the property
31. Disposal of t~n4
a For !~n,q purchased under a grant for anpon noise c°mpatibthtY purp°ses, It will d~spose °f the I~ml, when the ~'vt ~s
no longer needed for such purposes, at fiur naut~ value, at the earliest pracUcable tune That pomon of the proceeds of such
disposmon whw. h is pmponiomto to the Uul~d States' share of ac4mamon of such ~,~ will, at the d~creUon of the Secreta~,
1) be paid tO the ~ for deposit m the Trust Fund, or 2) be remvested m an approved noise compatibthty pro]eot as
b (1) ~r~napurc~edu~deragrantf~raup~rtdevel~pmentpurp~ses(Otbertu~nn~Isec~mpatib~ity)~'tw~when
the !nnd IS no longer needed fi~r supon purposes, d~pose of such I~d at flur market value or make avadable to the SecreJ, ary an
smount equsl to the United States' p~'epomonate share of the fan' market value of th~ land That pomon of the proceeds of such
disposl~on winch Is proportionate to the Umted States' share of the oust of acquit. Ion of such !snd will, (a) upon apphcaUon to
thc Secretary, be ~emvested m another eh~ble lurport unprovement project or pro. lecis approved by thc Secretary si that aupon
or w~un the national au~rt system, or fo) be paid to the Secretar] for deposit m the Trost Fund ff no ehglble project eyasts
(2) ~and slufll be considered to be needed for anport purposes under th~s assurance ff (a) it may be needed for
aeronautical purposes 0ncb~mg ronway protection zones) or serve as noise buffer Irma, and Co) the revenne from interim uses
of such land comnbutes to the ~r~nc~id self-sufficiency of the aupon Further, I~l purchased with a grant received by an
auport operator or owner before December 31,198'/, will be considered to be needed for a~port purposes ~f the Secreta~ or
Federal agency making such gnmt before December 31, 1987, was notified by the operator or owner of the uses of such land,
did not object to ~ nat, and the lalid contmnes to be used for that purpose, such use having commellced no later than
December 15, 1989
Akport .4~anrances (1-95)(State Modified 4-97) Page 9 of 12 ASW-PP-A-1
c D~posmon of such land under (a) or Co) will be subject to the retonUon or reservauon of any ~erest or rtgl~ therem
necessap] to ensure th.t such land will only be used for purposes Much are compatible w~h no~e levels assocuued with
opera, on of ~Iw anport
32 Enk~lae~rb~ and l)esi~n Services. It w~ll award each contract, or sub-contract for pro~.m m~n~em~nt, constructton
rn.n~§e~, pl~nnin~ SRIdl~, fea~lbllgy 8t~ldtes. ~ services, prChmln~ry cn~n~erlllg, design, e.n~necpn_.g,
sulveyi~g, n~.npmg or rel.~ed services wifll respe~ to fl~e project in the ~me rn~nner a~ II collffil~ for architectural and
en~meeru~ serv'~es ~s negot~ed ~-d~r Tnle IX oftbe Federal Property and ~dmml~tl3tlve Sel'vl~es AJ~t of 1949 or an
cqmval~nt ~!!~cattons-based ~ prescribed for or by the ~ponsor of ~be auport
33 Foreig~ Market Restrictions. It will not allow fond~ provzied under th~ ~ to be used to fund any project wluch uses
any product or serwce of a forelAn counf~ dunng the period m wluch such fore~n counUy ~ listed by the United States
Trade R~re~m,,v¢ as denying fa~ .nd equitable market oppormm~es for products and supphers of ~be Umted States m
procurement and col~uctlon~
34 policie$,Standards, andSpecifi_ev, tions. ItwdlcanyouttbeproJectmaccord"n~'ewlthPOilCles, st~nd~rds~and
spe~lfi~,~Rl0ns al3~)roved by the Secretary tl~hwhn~ ~ ~ bm!ted to tJ~ adVl3Ol~ ¢1~ l~sted in th~ ~ FAA
Advlsoly Circulars for A.[P proje~s, dated May 1, 199~;, aod mchlded In tlus grant, and m accord.nt-e with apphcable
state po~s, sts~.rds, and spec~¢~o~ approved by the Secma~
3S. Relocation and Re~l Property Acquisition. (1) It will be graded m aCqULrm~ real proper0,, to the Areatest extent
pracO~le under State law, by the !~nd ac. qu~inon pol~.tes ,n Subpa~t B of 49 CFR Part 24 and will pay or ~egnbur~e
proper~ ~ for necessary expe~es as specified m Subpa~ B (2) It will provide Il reloca~on assistance pro.'am
offerm~ the services described m Subpa~t C and f~ur and reasouable ~eloeaOon payment* and asmtance to d~placed
p~l~Ol~ 8~ reql~ 111 ~bpart D sntl I~ of 49 CFR Pa~ ~4 ('~) It will m~ke available w~th!n Il [es.~ol~lble period of to]~e
prior tO dlsplac~nwnt, comparable replacemeot dwelhn~$ to displaced persons m accord~n~-e wRh Subpart I~ of 49 CFR
Part 24
Airport .l~surances (1-9$)(State Modified 4-97) Page 10 of 12 ASW-PP-A-I
CURRENT FAA ADVISORY CIRCULAR8 FOP. AIP PROJECTS
Updnted On' May 1, 199~
NUMBER SUI~-ECT
70/7460-1H CH(} 1 &20bstruc~onb'aukmg~nd Iaghtmg
150/5000-13 Announcement of Avlulabihty - RTCA, Inc, Document RTCA-221, Guideline and Recommended
~ for Auport ~ Movement Sensors
150/5100-14C Archtteaural, nn?~mg, and plnnnmi Con~d__tant Servxces for Auport Grant ProJects
150/5210-5B pnmtjn~ ~ Iu]d Li~h.n_.~ of V~llgle8 Used on ~ Allport
150/5210-7B Al.rCnffi Fire al:Id Re~cue
1~0/5210-14 Airport Fire alld Resole Pe, rsonnel Protecttv¢ Clothing
150/5210-15 Auport Re.~cue ~ l:;U~flghnng S~ttlon Bn,U,ng Design
150/5210-18 Systems for Interactive Trm,n,nE of Auport Persouuel
150/5220-4B Water Supply Systems for A~rcraft Fu~ ~d Rescue Prote. cUou
150/5220-10A O_!td~- ~.c~-~Uon for Water/Foam Type Ancrafl Rescue Ired Fll~ht!ng VehiCleS
150/5220-13B Runway Suffac~ Condt.on Semor S~on Gut~
150/5220-14A Au'port Fire and Reaicue Ve. hicl~ Specification
150/5220-16A Automated Weath~.r Observing Systems for Nonfederal ApphcaUom
150/5220-17A Design St,,ndn~ls for Alrct~ Rescmae Ftre~glmnE Trninmg Fac,!!.o4
150/5220-18 l~,{{ding~ for Storage aim l~,,,,,t,~nn,,e.e of Airport Snow and Ice Control Bqwpment and Materials
150/5220-19 Guide Sp~oll fl)f Smnll, D{lal-Age~t ~
150/5220-20 CHO 1 Airport Snow mud Ice Control Bqmpment
150/5220-21 CHi] 1 Outde Spec,ficaUons for Lais Used to Board A~rlu~ Passengers vath Mobthty Impairments
150/5300-13,
CHG 1, 2, 3, &4 Au-port Design
150/5300-14 Design of A.ucn~ Deicing Facflmes
150/5300-15 Use of Vahe l:lngineenng for En~no-e. nug Design of Auport Grant ProJects
150/5320-5B Airport Drnmnge
150/5320-6C CHG 1 & 2 Au'port Pavement Design and Evaluation
150/5320-12B Measure.~m. Conmtmgtlon, nnd ]v{nmtennne.~ of glad ResIstalR Alrpolt Psveula~t
150/5320-14 Auport landmcapmg for Nmse Control Purposes
150/5325-4A CHG 1 Runway Length Requu~,,,~-ts for Au~port Design
150/5340-1G St~_.d~,~ for A~port Maflong
150/5340-4C CH(] l & 2 Inmtn{{n.on D~!!m for P. lmwny Ceil~fllI~ Touchdowll Zone Llghtm~ Systems
150/5340-5B CHG 1 ~e~m~nted Cucle Auport Iviafl~r System
150/5340-14B,
CHG l & 2 Econmny Approach L~h.nE Aids
150/5340-17B Standby Power for NonFAA Airport DEbt,nE Systems
150/5340-18C CHOI S~__,,d~,-ds for Ahport $~gn Systems
150/5340-19 Taxtway C. ont~bna I t~hfln~ System
150/5340-21 Airport ~ds~llaneO~ !.,~himn~ VIsual ~
1~0/5340-23B St~pplemant=! Wind Cones
150/5340-24 CHO 1 Ruuway mud Taraway Bdge L~ght,n~ System
1~0/$340-27A Atr-To-Orouud Radio ConUol of Au]x)n la~h.n~ Systems
150/5345-3D Spe, clfi~t,on for L..821 Palle]s for Realote CoIltrol of Affport Llght,ng
150/5345-5A Cucuit Selector Sw~h
150/5345-'/D CHO 1 SpeclficaUou for ]L,-824 Undergrouud Electrical Cable for Auport Lighting Clwu~ts
150/5345-10E Specification for Co~s~m Current Regulators Regulator Momtors
1~0/5345-12C Specification for Auport aud Heliport Beacon
150/5345-13A Spec]ficaUou for L-841 Aux,{mry Relay Cab]net As$~mh{y for Pilot Couffol of AHpOR Lighting C{rcUgS
150/5345-26B,
CHO 1 & 2 Specffications for L-823 Plug and Receptacle, Cable Connectors
150/5345-27C Spe. c~mou for Wind Cones Assembhes
150/5345-28D CHO 1 Precision Approach Path Ind!e, ator (PAPI) Systems
150/5345-39B CHO 1 FAA Specfficatiou I..-853, Ruuway and Taxiway Centeflme Retroflecuve Markers
Airport A~urtmces (l-95)(State Mod]fled 4-9'/) Page l I of 12 ASW-PP-A-1
150/534542C CHG I Specification for A~port L~gI~ Bases, Transformer Hons~gs, Junction Boxes and Accessories
150/5345-43D SpecLfiCation for ObstrucUon
150/5345-44F, CHG I Specfficatton for Tayaway nnd Runway S~gns
15015345.45A I~ghtwetght Approach Light Structure
15015345-46A Specific~on for Runway and Taraway ~ Fmures
150/5345-47A Isolatton Transformers for Aupott laghnn~ Systems
150/5345-49A Specification L-854, Radio Control Equ~praent
150/5345-50 CItG 1 Specificntton for Portable Runway Iaghts
150/5345-51 CHG 1 Specification for D~scharge-Type Flasher Eqnspmeat
150/5345-52 Generic Vmml Olideslope Indtcators (GVGI)
150/5345-53 Auport Iaghnng Equipment Certificatton Program
150/5360-9 plnnn!n~ nnd Design of Atrpott Tetmmnl Facthues at NonHub Locations
150/5360-12A Al_rpo~t $i~o~m~ ~ Graphl~
150/5360-13 CHG 1 plnnmn~ ~ Deslgll (3.~nno~ for Alrpolt Termmnl Facthtles
150/5370-2C Oper~onnl Safety on AL~pO~ During Constmctton
150/5370-6B Conslm~on Progress nnd Inspe~on Report-ALrpOrt Grimt Program
150/5370-10A,
CHG 1,2,3,4,5,6,7,& 8 Stnndnnls for Specifying Consttu~onofAtrports
150/5370-11 CHO 1 Use of Nondesm~lve Teeing Devices in the Ewh~nuon of Attport Pavements
15015370-12 Q~_~8!~? Control of Constntctton for Au~ott ~ ProJects
150/5390-2A I-Ieltpor t Design
150/5390-3 Vetlipo~t Design
Airport Assurances (1-95)(State Modffied 4-97) Page 12 of 12 ASW-PP-A-1
CEIt~ZFZ~.,~ZON OF ~RO~EC~ FUHDG
TxDOT Contract No.~ 7XXFA03S
TxDOT Project No. : ~P DENTON
TxDOT CSJ No. : 9742DNTON
Executive Director of F1nar%ce
I, Kathy DuBose ,
(Name) (Title)
do hereby certify that sufficient funds to meet the Sponsor's
share of project costs as identified in the Airport Project
Participation Agreement for said project will be available in
accordance with the schedule shown below:
SPONSOR FUNDS
General Fund Airport Fund $19~700 IMMEDIATELY
The City of Denton has caused this to be duly executed in its
name, this ~-~ day of ~,~-~ , 19 qT.
~it_v of Denton
( Sponsor )
Title: Executive Director of F~nance
(~IBRTXFXP. ATION OF AXR?ORT FUND
TxDOT Contract Ho.: 7XXFA036
TxDOT Project No. : AP DENTON
TxDOT IC~T No. : 9742DNTON
I, K~thv DuBose , Executive Director of Finance
(Name) (Title),
do hereby certify that the General Fund Airport Fund has
(Name of Fund)
been eet&blished for the City of Denton, and that all fees,
charges, rents, and money from any source derived from airport
opera~ione will be deposited for the benefit of the
Q~n~al Flln~ Airport Fund and will not be diverted for
(Name of Fund)
other.general revenue fund expenditures or any other special fund
of the City of Denton and that all expenditures from the Fund
will be solely for airport purposes. Such fund may be an account
as part Of another fund, but must be accounted for in such a
manner that &11 revenues, expenses, retained earnings, and
balanaee in the account are dieoernable from other types of
monies identified in the fund as a whole.
The City of Denton has caused this to be duly executed in its
name, this ~44~ day of ~ , 19 ~.
city of Denton (Sponsor)
Title: Executive Director of Finance
DBSXGH2~TXONOF fPONSOReS AUTKORXZED REPRBSENT&TXVE
TxDOT Contract No,~ 7XXFA036
TxDOT ProJeot No. ~ AP DENTON
TxDOT CS~ No, ~ 9742DNTON
I, Ted Benavides , C±t~ Manager ,
(Name) (Title)
hereby designate Ted Benavides as the Sponsor's
(Name, Title)
authorized representative for the projeot, who shall have the
autho~ity to make approvals and disapprovals as required on
behalf of the Sponsor.
The City of Denton has oaused t~is to be duly executed in its
name, this ~/~ day of
City of Denton
(Sponsor)
By:~
Title: City Manager
DBBXG~TXON OF BPONBORE B
~ON~OLT~NT 8ELECTXON CO~XTTEE
TxDOT Contract No.~ 7XXFA036
TxDOT Project No. = AP DENTON
TxDOT CSJ No. = 9742DNTON
I, Ted Benavtdes , CAtv Manaaer ,
(Name) (Title)
hereby designate the following named individuals as the City of
Denton Consultant Selection committee for the project.
Name Title (if appropriate):
DavSd Hill. Plann~n D~c~o~
Jerry Clark, Director of Engineering
Jill Jordan, Director of Water Utilities
The City of Denton has caused this to be dul~xecuted in its
name, this ~ day of ~ , 19 ~
City of Denton
(Sponsor)
By:~__~~o-~
Title: City Manager
The City of Denton assures or certifies that it has implemented
an effective airport pavement maintenance-management program and
it assures that it will use such program for the useful life of
any p~vemsnt constructed, reconstructed or repaired with Federal
finanoial assistance at the airport. It will provide such
reports on pavement condition and pavement management programs as
the State determines may be useful.
city of Denton
(SPONSOR)
(SIGNATURE)
City Manager
(TITLE)
(DATE)
A The grantee certifies that it will or will continue to provide a drug-free
workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture,
dist~ibution; dispensing, possession, or use of a controlled substance is
prohibited in the grantee's workplace and specifying the actions that will be
taken against employees for violation of such prohibition
(b) Rstablish£ng an ongoing drug-free awareness program to inform employees
about-
(1) The dangers of drug abuse in the workplace,
(2) The grantee's policy of maintaining a drug-free workplace,
(3) Any available drug counseling, rehabilitation, and employee assistance
programs, and
(4} The penalties that ~ay be ~mposed upon employees for drug abuse
violations occu~ring in the workplace,
(c) Making it a requirement that each employee to be engaged in the
perfgrmance of the grant be given a copy of the statement required by
paragraph (a);
(d) Notifying the Am~loyee in the statement required by paragraph (a) that,
as a condition of Am~loynent under the grant, the employee will- (l) Ab~de by the terms of the statement, and
(2) Notify the euployer in writing of his or her conviction for a wolation
of a or4m4n~l drug statute occurring in the workplace no later than
five calendar days after such conviction,
(e) Notifying the agency in writing, within ten calender days after receiving
notice under paragraph (d)(2) from an employee or otherwise receiving actual
notice of such conviction Employers of convicted employees must provide
notice, including position title, to every grant officer or other designee on
whose g~ant activity the convicted employee was working, unless the Federal
agency has designated a central point for the receipt of such notices
Notices shall include the identif:cation nunberCs) of each affected grant,
(f) Taking one of the following actions, w~th~n 20 calendar days of rece~v~n~
notice under paragraph (d)(2), w~th respect to any employee who is so
convicted-
(l) Taking appropriate personnel action against such an employee, up ~o and
including te_~Gination, consistent with the requirements of the
Rehabilitation Act of 1973, aa amended, or
(2) Requiring such employee to participate sat~sfactorily ~n a drug abuse
assistance or rehabilitation program approved for such p~poses by a
Federal, State, or local health, law enforcement, or other appropriate
agency,
(g) Making a good faith effort to continue to maintain a drug-free workplace
through ~m~lementetion of paragraphs (a), (b), (c), (d), (e), and
a The grantee may insert in the space provided below the site(s) for the
performance of work done in connection with the specific grant
Place Of Performance (Street address, city, county, state, zip code)
Denton Mun~cipal Air~ort
5000 Airport Road
Denton~ TX 72607
Check if there are workplaces on file that are not identified here
Signed~ ~ Dated ~ ~:
Te~ ~nav~as. City Manaaer
Typed Name and Title of Sponsbr Repr6sentative
TEXAS DEPARTMENT OF TRANSPORTATION
AIRPORT PROJECT PARTICIPATION AGREEMENT
(Federally Assisted Pdrport Development)
TxDOT Contract No 7XXFA036
TxDOT Project No AP Denton
TxDOT CSJNo 9742DNTON
Amendment No 01 to the Agreement
WHEREAS, the CITY OF DENTON, TEXAS, hereinafter referred to as the "Sponsor",
and the TEXAS DEPARTMENT OF TRANSPORTATION, herema~er referred to as the
"State," have entered into an A~rport Project Partlctpatton Agreement TxDOT Project Number
9742DNTON, executed by the Sponsor on June 20, 1997, and by the State on July 10, 1997, for
the development of the Denton Mumctpal A~rport, heretnat~er referred to as the "Parport", and
entered into an Aarport Project Parttcxpatxon Agreement TxDOT Project Number 9842DNTON,
executed by the Sponsor on October 6, 1997, and by the State on November 25, 1997, for the
development of the Denton Mumcxpal Parport, hereinafter referred to as the "Parport"
WHEREAS, the projects are described, respecttvely, as follows professxonal engineering
design sepaces for cleanng/grubbmg trees, regradlng and replactng security fence m safety area at
the Denton Mumcxpal Parport, and prepare an Aarport Layout Plan, desxgn services to reconstruct
terminal apron at the Denton Mumctpal Parport
WHEREAS, tt ts m the mutual tnterest of the Sponsor and the State to amend satd Aarport
Project Parttctpatlon Agreements at flus ttme to combine the projects under an single grant and
reference a single TxDOT CSJ number and contract number and by such amendment incorporate
the A~rport Project Partm~patton Agreements as ff fully set forth hereto, and
WHEREAS, the Sponsor has requested federal asststance as documented by the State
fiarport Project Participation Agreements for development of the Aarport, and
WHEREAS, Part II - Offer of Fmanctal Asststance of the Agreements, cremates the total
project costs under both agreements without modification of the agreements to be $111,1 ll 00,
and
WHEREAS, financial assistance ts currently llnuted under both Agreements to $100,000 00
~n estxmated federal funds and $1 l, 111 00 m local sponsor funds,
NOW, THEREFORE, m constderatlon of the parttes' mutual pronuses, the following
amendment to the Aarport Project Paint,patton Agreement shall become effecuve upon execution
ofthts Amendment by the Sponsor and the State
Page 1 of 3
The Parport ProJect Participatton Agreement is hereby mended as follows
1 The project shall be described as follows professional engmeenng design servmes for
cleanng/grubbing trees, regradmg and replacing security fencing m the safety area, reconstruction
of the ternunal apron and preparation of an gJrport Layout Plan for the Denton Mummpal
Airport
2 Amount A, estimated total design costs, and any further references m the Agreement to
Amount A, shall be $111,111 00
3 Amount B, estimated design costs eligible for federal financial assistance, and any further
references m the Agreement to Amount B, shall be $111,111 00
4 Amount C, total estimated project costs for design and construcuon phases, and any
further references in the Agreement to Amount C, to $1,211,111 00
5 Amount D, the maximum obligation of the Umted States payable under this offer shall be
$100,000 00 for work as described m Item 1 above
6 Amount E, Sponsor share of estimated total design costs, and any further references in the
Agreement to Amount E shall be $11,111 00
All other terms and conditions of the agreement are unchanged and remain in full force and
effect
The above amendment to the Pdrport ProJect Participation Agreement between the City of
Denton, Texas, and the Texas Department of Transportation ~s hereby mutually agreed to and
accepted
Executed tlus 5th day of F~_br,_,~_ry .1998
City of Denton, Texas
Sponsor
Sponsor Signature
· ~ Witness Title "- ~ -' ~ Sponsor Title
Page 2 of 3
Attorney General's Approval
Tlus contract is approved as to form
Attorney General of Texas
~ Assl~nt Attorney General
Execution by the State
State of Texas
Texas Department of Transportation
Robert V Woods, Depu~ D~rec~r
Awatlon Division
Texas Depa~ment of Transpo~tmn
Date ~//rl~
Page 3 of 3
E \WPDOCS\RES\CHILDREN RES
RESOLUTION NO
A RESO~UTI~QN AUTHORIZING THE CITY MANAGER TO NEGOTIATE A CONTRACT
WITH TI~/CHILDREN S TRUST FUND OF TEXAS FOR A FAMILY RESOURCE
CENTER, AND PROVIDING AN EFFECTIVE DATE
W~EREAS, the City Manager has indicated that he would lake to
negotiate a contract wzth the Children's Trust Fund of Texas,
hereinafter referred to as "CTF", to establzsh a Family Resource
Center, and
WHEREAS, the CTF requests that the City Councll pass such a
resolution so authorizing the City Manager prlor to the
negotmatlons commenclng, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
SECTION I That the City Manager zs hereby authorized to
negotiate, on terms and conditions that he may deem advisable, a
contract wath the CTF
SECTION II. That once the contract has been negotiated by the
C~ty Manager and approved as to form by the Czty Attorney, the City
Manager shall bring the contract back to the C~ty Council to be
approved by the approprzate passage of an ordinance authorizing the
C~ty Manager to enter anto such a contract
~ That the Czty Counczl has found and determined
that the meeting at whach this resolution is considered as open to
the publac and that not~ce thereof was g~ven ~n accordance with the
provisions of the Texas Open Meetings Law, Tex Gov't Code ch 551,
as amended The above resolution was passed after the Mayor
determined that a quorum of the Czty Council was present, and it
was passed by at least four votes of the Czty Council, as required
by the C~ty Charter and the City Council's Rules of Procedure
~ That th~s resolution shall become effective
· mmedaately upon ~ts passage and approval
PASSED AND APPROVED th~s the /~ day of ~, 1997
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Page 2
Children's True Fund ofTeras Channel!
CmNec1 A&rmmW
Page I
WVMoormAVIt 4 r199!
gCv,Cvonr
CONTRACT FOR CHILD ABUSE PREVF.NTION SERVICES
Children's Truce Freedom Taus CouuN
Contract NO. 355-04 ] W52
The ChRil a Trust Fund of Texas Council, hereinafter referred to as CTF, add City of
Denton, a Texas municipal ancestor. hereinafter referred to as the Contractor, a0
hereby make antl enter into Me agreement, which dea liWtes the entire agreement between
CTF and the Contractor under the tonal number referenced above.
1.
CTF Is the State of Texas agency responsible for administering programs to prevent child
abuse and neglect in Texas. Chapter 74, Human Reassumes COae, permits CTF, subject to
certain limitations, to enter into such agreements for the purpose of !providing child abuse
antl neglect prevention services. CTF and the Contractor make this agreement defeNing N
Me Icbming refted considerations
R.
The parties mutually agree:
A. The aware anal coverage M Me services to ba provided by the Contractor under this
agreement, Me program 0esct nse and budget for these servers, as well res other
necessary mmpenents, are descabea and limited in Me attached Plan of Opvalron,
which is incorporated in Nis agreement in its entlrery by specifc reference. The P/n of
Ca'vatmwill be sentenced on fie win CTF as a and M MIS agreement. My change,
mWmcabon, or amendment to, or renewal of. the Han of CpeiaBOnis rot effective III
approved in writing W CTF The og heal Plan of Oµvafiou together with any borrowed
amendment maintained on fie by CTF will be the wan rshing instrument in case of any
dispute relating to Me wording of any argon of the Han ofOPnamanor amendment In
Me event tat an amendment approvM in writing by CTF conflicts wiN Me forms of the
original Plan of Operation Me amendment will mniml. AwMI'mt between amendments
will be aerial in favor Of Me most recenny approvetl amn unced
D. This moved is a post -reimbursement contract, based on the proposed budget wheh is
a part of Mis contract plan. Total reimbursement under the terms of this contract shall
rot exceed the amount sMwn on the golosetl budget and may be addressed be less
.
Reimbursement request of expentliness charged by the ce ntracmr will be made on CTF
Monthly Expenditure Lbcumenta lion Form PC-026. gcyuests will M made regulady, at
least monthly, and will loo Submitted to the Children's Trod Fund office by the 15th day
following the last day of the month in which the service was provided
Chad,,,, ham In of Tm[Cmncil
Coovm Agreement
Page 3
C, 1. Transfers between line items of a budget will be allowed adding( prior approval from
CTF if be o-ansir s do not resort in at increase or recovery of more tan mace
thousand dollars ($3000) or 10% of me CTF formact amount, whichever amount is
less. Any transfers are for alicwaes items as UetinM by CTF and tlo not result in a
significant charge in me character or scope of Me program. The transfers must be
described arm reported within 30 days by letter to CTF.
2 Transfers between line items of more than $3003 or 1fPh of Me CTF Contract
ounl, whaveever is less , may be allowed under ceNin circumstances it signal
for such changes:
(a) are submitted in wrong to CTF and approved prior to obligating the funds,
fib) fit within the mope of the contract and Me bad project budget,
(c) are beneficial a Me achievement of project special and
(d) appear to be a more affective use of same dollars
3. CTF Is not obligaI ro pay an technical wsl or to pay more than Me
Contractors pleaded actual cost Funds will let the available in excess of the tool
punt of Me reimbursable budget as originally approved or subtropical
amended.
D. This agreement is subject to bronchial either in whole o in of add on Me
ailability of more gM/w federal funs. II funds for be agreement became unavailable
during any budget period, and CTF is unable to obtain wondered funds, then this
- agreement will be terminated or opposed. Terminal under this section chat not
subject CTF ao a penalty mother claims.
E. If Me Contractor fails to provge services according to me approved Pays of Oldeverespor
and are provisions of this agreement CTF may, upon writlcrl notice of default fo Me
gamester. terminate all or any part of to agreement The Contractor will have 30 days
w show compliance Failure to comply will result in Immediate termination. Termination
not necessarily an elusive remedy but will ce in addition to any other rights and
remndies prONOed by law or this agreement.
F. If federal or state laws or other regu rnments are amended or )Welany interpreted w
Mat either path cannot reasonablyNUUI My agreement, or if the parties secret agree m
amendment Mat would enable its substamial continuation. the codies sdall be
discharged from any further obligations under this agreement. The respective accrued
inmresls or bai rel incurred up to the sate of termination, discover, will de equitady
settled
G. This agreement may be a bedded immediately or at any time, unilaterally by CTF In
addition, either away to mis agreement may consider The be canceled by giving 30 days
m[rc in writing er Me other party. This agreement will be terminated at the end of the
3o-day period, unless Me games mutually agree in wntng to continue the contract
Nothing in this paragraph shall he condrund to pro et Immediate termination of the
agreement pursuant 0 paragraphs D, E, and F.
Children E'Rmr nand of press Connell
GrNxr Agreement
Page 3
III.
The Contractor agrees To and will require any wGrontracNrs to agree to:
A Adhere M Federal and State law, rules, regulations, and guidelines provide dl in Me Coe
HarMlwk aW GUNS Af Ps Hures/ Graves made available on an annual basis.
B. 1. Comply with Title VI of Me Died 11 and Act of 1964 (Pubid Law 88352), Spectrum Serf
of the Rehabildrourn Act of 1973 Them s Law 93-112), Me Americans with
Examines Act of 1990 (Publer taw 101335), and all ameMmenis to each, and all
requirements imposed by the regulations issued Wrwani to Mass acts. These
bonds , in part, that no powers in Me United States shall, on Me deduces of race,
bell national origin,sex, age, disredurt, political beliers or religion be exdutletl from
participation in, or denied, tiny aim, care, service. or other benefits providad by
federal aNror state funding, or otherwise m to discrimination
2. Comply with Me requirements of the Moraration Human and CoMrd Act of 1986
regarding employment verification and retention of ventagropen forms far any
Individuals hired on is after November 6, 191 who will preform any II or
Scroll under any contract between CTF and Me Contractor.
3. Comply with Health and Safety Good Section 85.113 (relating to workplaze and
r»Mbentlallt i guidelines holdings AIDS and HIV)_
C. Comply with appro eam slato Identical or nomination requirements and with standards
presence! by Me Secretary of the United SMtos Dependent of Health and Human
Services.
D. L Relem: any wspecteb case of abuse or neglect to Me Texas Therms tint of
Protective and Regulatory SeMees (DPRS) or a local law enforcement agency
office as requred by Ad of April 20, 1995, 74th Leg., I Sess., ch. 2Q ith 1995
Tex. Sees. Law Sew 113, 260 (Vernon) be be merged as Tex. Fade. Code Ann.
Sel l]bl atsey_
2. Verify and disclose, or se its employees and examines to verify and aisdose
,
criminal history and any combat criminal indictment involceg an offend against Me
golden, an offense against the family, or an offense mall While Indecency
under Me Texas Penal Code as mended, an an offense under Me Texas
Conceited Substances Act, TEX. REV.CIV STAT ANN. ad. 447615 as amen N.
ThIS veil( Iron and d'Isclosure will be requVM of all who have direct contact with
clients.
3. Comply with Texas slate law (Texas Business Corparation Act, Aide 2.45) which
remers Mat at slate agency may contract with a'for floor schooner that to
command in its slate franchise lax payments. By signing this banned, Me
Contractor soared that its mrparation (if applicable) Is curtent in its note franchise
payments.
Children's Trust Moe onus. Counat
Cnn ctAt. mf
Paged
E, Be subject to an wilt by a Certified Public Accountant and provide a copy of the audit to
CTF Contractors are expected to create and maintain separate arm accused fiscal
records, such as annual Thai statements, tax remark, and agency budgets may be
required and shall to made available to CIT upon common
F Use generally accepted! accounting procedures as rangnizad by the American Institute
of Conifml Public Acwuntan6 and follow CTF financial management relative am
procedures in unsecured fiscal purpose mention! to be kept order Nis agreement
G. Held the CTF of Texas Council Harmless and indemnify the Council hold and against all
claims, demands, and causes of acfens which may be asserted by any Nil parry in
defensive with Me performance of contracted services.
H. Provide sereaces in accordance with Me Plan of OPeiahrn and allow CTF to moniter
some possible methods may include on-site "sus, document renew,
came quastionnares, or irear"ews.
I. Participate fully in any evaluation study of this program authorized by CIFF
J. Not transfer or akSlgn this agreement without the prior written consent of CTF.
R. Establish a method to ensure the earthenware, of records and other information related
to clients spending to applicable federal and state mw, rides, anal regmafons. This
provision does nth limit CTF's rght of access to client case means or other information
relating M clients served under this agreement.
L L Submit whites for services and shtswal documentation as required by CTF to be
oweve r by the 15M day following file last day of the month in whim he service is
provided. Nonfecelm of Me required billing and decided documentation by this
data will W considered falu e N middy with Me agreement Failure to comply is
valid rystudaoon for mediate nomination of cols agree ent and/or nonpayment at
Me billings or any p nqn of the billings that we not express within the specifed
time limit. The Contractor further agrees to c rly we amount of local financial
prNCipation directly supporting Me keel being purchased with each request for
payment submitted to CTF for reimbursement.
2. Subaru Forbearance reports quarterly or as required by CTF m be received by the
f sh day mimwirg Me last bay of each quarter in which Me service is provided.
Non records of Me reduced performance reports will be consider U failure to comply
with Me adjustment Failure to comply is valid justification for immediate termination
of this agreement The Contractor agrees that the 'mfor mafon wMnitled is true and
accurate The Contractor further agrees to supply Mcumenfalion to CTF for Me
purposes of verifying reported monsoon if requested.
M. Make available at reasonable times and for reasonable periads client records, books,
and supporting documents eerfaining to services provided for inspecting, mongering,
amusing. or evaluafng by CTF pereonnel or their representatives.
Children x Tmrt Fred of Texas Canard
Corbett Agreement
Page 5
N. Maintain and keep linanciad and supporting doorm rune, statistical records, antl other
records pedini nt to the services for which a claim was wlxnitRtl. The records and
documents will l kept fn a minimum of bur (4) years after the termination of the
contract. If any litigation, claim, or audit involving tM1ese would R+jins before the wee-
year perod expires, Me Control will keep the recwds and documents for cot lass
tan tour (4) years and urtl all )Widened, claims, or audit findings are resolved The case
nsidwed resolved when a final order is Iasu ar in )offered, An a written agreement is
entered into between CTF aW Me C ntractw. The Contractor will keep real of
nexpenabort properly acquired under the agreement for four (4) years after final
disposition of Me property. Contrast period means Me beginning date through the
ending date specified in be original agreement extensions me considered to he
separate contrast awards. The contract award of an original agreement or renewal shall
not exceed one year in duration. A contract may be renewed only twice, unless certain
circumstances as determined by Me Coal require an eatencon of the peril.
O. Account for program income related to protects !marred in where or in pat wor state
ions or implement) on whalf of the CTF program. Pragram'rncome means grass
anted by the Control hm
a contract supported actra 5. Program inorsme
arced during Me entrant pent shat be recurred by Me Compares and in accordance
wild the agreement, shall rte.
Added to funs committed to the worm by CTF and! Contrazbr al M used to
budher edged program federal or
With prior appervL, used to finance the focal match share of to program.
FemMS must bo maimainl to indi deposit of funds back to the Children's Tmsl
Fund of Texas program. If more Man one source crosses monies for acdvides
generating program income, amounts dedwati must lu we rate.
P. Notity CTF immediately of any significant change a0rcing the ContraMr and
Contracbfs itlen !fix such as ownership or wool, name Marge, governing bwN
membership, vender identification number, and personnel changes washing to
contracted servces. Changes must as provided in writiig to CTF wither 10 working
days after the changes are eXective.
O. Retain from enterng into any suhontrast for serNCSS about prior aplproval in writing
by CTF of Me qualifications of We suL ntraMr to pedornn and meet the cartel of
this agrcement and its attacM1ed Nan of Opeta(ron All subcontracts entered into by the
Contractor will be written and sutryect to Me oyuir eats of My agreement The
Contractor agrees to bo responsible to CTF for the performance of any subcontractor
.
R. lk residential for any audit exception other payment irraJUrards, in me program
nvered by Mls contract and all sulcono-acts, which is found after monitoring or aliNg
by CTF or the united states Department of Health and Human services, and be
responsible for Me wonder and proper n umbursement to CTF of any amount paid in
excess of the proper billing amore[
Or der, Tons 111,14 Texas Gri
Cu14irr A8mersom
Pro,, 6
S. Place Ixominent notices acknowledging the funding it receives from CIF In all of its
literature Nat describes services covered by this agreement These notices will also
appear in the Contactors annual pact, it any.
T. Acknowledge CTF copyright ownership for all materials, published and unpublished, Nat
created with Cou lfunds. All crimnal works of authorship created using CTF funds
shall be deemed a work made for hire. CTF shall own tM1e copyright end all other rights
each a work. In Me event Nat it is determined cot to ed a work-made for hire,
Contractor hereby assigns all rights in the works. Including any copyright, to CTF CTF
agrees W provide the developer of the work a nonexclusive, Story free license In use,
reproduce, display, and distribute the weed. The Council shall be a or owner of the
copyright of a work that is created with more than one wo me of funding as pavided by
the United States Copyright I. CTF has the right to use, reproduce, antl distribute
any material written or produced by the Contractor tat is the subject of this contract. If
the contractor is no Proper in operation for any reason, all materials produced with CTF
Counal funds must CB returned to CTF, or, with CTF approved , may his transferred to
Summer agenry.
IL Contractor shall defend, indemnity, and hold harmless CTF aN Me State of Texas
against any claim, suit, or proceeding brought against the State of Texas or CTF on to
iscomes of infringement of any copyright trademark, patent, or other Intellectual property
rights, by any product pad, suppled by Me Contractor to CTF under Nis agreement
The Counsel will pay, subject to limitations spained in Nis paragraph, any final
judgment entered against me State of Texas or CTF on Nis issue ' my suit o
proceeding defended by me Contractor. The Contractor at its We option will be
relieved of toes obligation it wimin 90 days after CTF recomes notice, CTF fails to notify
the Contactor in writing of any claim, suit, or proceeding, and at the Contractors
expense, give the Contractor all Information named to serifs mayor defeM any claim,
suit, or prmeeding. The Contractor will report to CTF within 88 days and in reasonable
written detail, each notice of claim of copyright infringement based on me performance
of Nis agreement of which Me Contractor has knowledge.
V. Not use Nntllng under this contract to immerse the outcome of elecarm or to passage
or defeat W any legislative measures. Contractor is not a regodered lobbyist and is not
required under Tex. Gov't Code Ann., Ch 305 (Vemon 1997 Pamphlet) to register as
a lobbyist.
W. All notices given regarding Nis contrast shall be sent to me following addresses:
Children's Tryst "no of Te%aS piyy@sryry
8929ShkxICrfokavd, Z0 200 tmmau nanry
Aust ry TX ]8]9-6355
eveW Oak S iM
l~l
Dents, Tx 76
cold roar Fred uf"t'cua CmNdl
a,neu Aememem
Page
IV.
The Childress Trust Fund of Texas Council agrees 1o_
Pay the Contractor for all several Nat are rendered in accordance aith the terms of told
agreement and M1s slashed P/n of oµvargem upon receipt of a CTF Monthly
ExpeMiture Docamenlawn Form PG028 after deducting any known procal
overpayment made by CTF Total payments during me term of this agreement will act
exceed Nose detailed in the atacneci Peaa ofOperarvm.
V.
The following instruments are machine
P/n of OperaNwi Budget Form PC 014, and Turning, Form PG-OC3.
The following documents may M Inmrporetod into aM made a pan of this contract as if fully
set aN herein'.
Corporate Beard of Direcbrs Resolution. From PG 004, as Message
Additional actual it marginal
For t1s faithful pedormacoe of the terms of this agreement, the parries affix their signatures
ands tend themselves ordeAVe September 1, 1997 arq continuing through Me 31st day of
August 1938. The individuals whose signatures appear below are Fully electoral M kind
Me parties May Processor.
CHILDREN'S TRUST FUND (
OF TEXAS CODNCIL /F DY" hea0c,
Contra rName piL
Signature Date Signature Dater
CTF Exacutver (greater City Renewer
Tire Tile
✓L SM
If agreement is faxed' CTF and Contractor agree that this contract will be
considered signed when the signature of a party is delivered by facsimile
nandancerion Signatures transmitted by facsimile shelf have the same effect as
originad signatures.
NOOOUN0 ST
~ j ¢ )g9j
PLAN OF OPERATION OUTLINE
1. Problem
The Vision Denton Learn Committee was loaned to define how education in Denton bill work
for its citizens in the next century - After momhs of research. the committee agreed on the
following statements
• education at all levels is critical to an individual's eHecdvauss as they move though the
life cycle,
healthful family life encourages and supports education,
muniq's health and bell-being are a reflection of its orusual's health and wc11-
being,
effectively integrated snppa l programs for famiIToo contribute to citizen.'
conscious health and well-being, and
• education improves as the health and well being of the citizecp ank rn.res-
lhesc facts led to the development of the Family Resource Center'I -ask Fame whose mission is
to ensure that all families have access to information and assistance baguette the education
health, and general bell bang aftheir children by developing laid utilizing a Family Resource
Center near the idea for a Family Resource Center did not develop because of e spmilie
problem. It began as a pruecdve decision to shape our community. the have taken an asset
oriented approach that views families, organizations, and institutions. found and informal as
reources that can contribute to the health of tile community.
IL Target Population
The Family Resource Center Task Force sisualized a family life prole that would serve as a hub
lot educational, support and information and referral services for all parents and IemiGes in the
they of Denton. Tlaongh this approach families, eelmofr, and family emdce agencies can
become partners in a proactive approach to family development
Denton is a city of 66,270 residents located 37 miles nortlFnonhwest oI Dallas and 35 miles
north ramh fed of Fort North. Denton is the county seat of Denton County, tiro fastest growing
county in the state of Texas (1990 Censuse Fire ethnic composition is 81 %Aside, 9% Black, 2%
Asian and Pacific Islander, and 8% Hispanic The Hispanic population is rapidly increasing
mirromme the population treed throughout Texas . The projected population for Denton in the year
2000 is 99,385. life median family income is $35 444 and 10% of Denton families live below
the poverty line. According to 1990 Census 18% of the 13,780 families in Denton are single
parent households Of the female head ofhouscholds with children live and younger. 54.9 % live
Reveal
the Denton Independent School District has approximately 12,500 students witha longitudinal
dropout ram of 1.4%. However, 30% of students have been identified at risk of dropping out. tin
addition. DISD has assessed the school readiness of kindergarten and first grace students and
Next Document
J \WPDOCS\RES\YL~OSES RES
RESOLUTION NO ~q~'00 9
A RESOLUTION PROVIDING THAT THE CITY MANAGER SHALL EXERCISE THE
CITY'S RIGHT TO TERMINATE THE AGREEMENT BETWEEN THE CITY OF DENTON,
TEXAS AND THE YL ROSES OF TEXAS REPEATER ASSOCIATION, AND PROVIDING
FOR AN EFFECTIVE DATE
WHEREAS, pursuant to resolution of the City Council, on the
16th day of December, 1986, the City of Denton, Texas and the YL
Roses of Texas Repeater Association (the "YLRTP~A") entered into an
Agreement Between the YL Roses Of Texas Repeater Association and
The City of Denton, Texas (the "Agreement") providing for emergency
communications cooperation In meeting emergencies or disasters
arising from enemy attack and certain other causes, and
WHEREAS, with the passage of time, both the City and YLRTRA
have benefited from their participation in the Agreement, but the
activities of the City and YLRTRA under the Agreement have wholly
ceased, and the parties have treated the Agreement as inactive for
some time, and
WHEREAS, the City desires to terminate the Agreement and is
empowered to do so under the provisions of Section X of the
Agreement, which permits the City to do so, upon 30 days written
notice to YLRTRA as provided therein, NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
SECTION I That the City Manager is hereby authorized and
directed to execute a letter notifying YLRTRA that the "Agreement
Between The YL Roses Of Texas Repeater Association And The City Of
Denton, Texas" will be terminated effective thirty (30) days after
said letter is deposited by the City in the U S Mall, Certified,
Postage Prepaid, Return Receipt Requested, directed to YL Roses Of
Texas Repeater Association A copy of said notice letter 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 ~, 1997
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
I~ERBERT L PROUTY, CITY ATTORNEY
CITY OF DENTON~ TEXAS MUNICIPAL BUILDINg3 · DENTON, TEXAS 76201 · TELEPHONE (817) 566-8307
Offtce of the City Manager
February 7, 1997
Sent Certified Mall RRR# P 445 130 514
YL Roses Of Texas Repeater Associatxon
Attention. Maureen B McClain
Box 10,51
Sanger, Texas 76266
Re. Notice of Termination of "Agreement Between The YL Roses Of
Texas Repeater Association And The City Of Denton, Texas"
(Executed December 16, 1986)
Dear Ms McClain
The purpose of this letter xs to provide YL Roses Of Texas Repeater
Association with written notice that the Cxty Council of the Cxty
of Denton, Texas has resolved to terminate the above agreement
under the terms of Section X of sa~d agreement The C~ty Councxl
of the City of Denton has adopted a resolution empowerlng me to
terminate said agreement Th~s termxnatlon shall be effective 30
days after the date of this letter
We understand that YL Roses Of Texas Repeater Association owns one
remaln~ng antenna which is currently in place on the McKenna Park
Tower owned by the City of Denton The Cxty has no objection to
your removal of said antenna We are requesting that you make
arrangements within the next thirty (30) days to recover and remove
sa~d antenna at your expense Please call Ray Wells, Superinten-
dent, Substations & Metering, and he will arrange access to the
tower at an agreeable time for removal of the antenna
Should you have any questions, please advise
Sincerely,
Ted Benav~des
City Manager
pc. Sharon Mays, Director of Electric Utilities
Ray Wells, Superintendent of Substations & Meterxng
M~chael S Copeland, Assistant Clty Attorney
J \WPDOCS\COR\¥LROSE8 LET
"D~dtcat~d to Quality
J \~PDOCS\RE$\TP~O RES
R .SO .UT ON NO. 9f - O
A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE WITH THE
CITY OF DALLAS TO RESOLVE THE LEASE AGREEMENTS WITH TEXAS PARKS AND
WILDLIFE DEPARTMENT FOR THE OPERATION OF LAKE RAY ROBERTS AND THE
GREENBELT; AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the U.S. Army Corps of Engineers (the "Corps") and the
cities of Denton and Dallas (the "Cities") have built, and are now
building recreation facilities at Lake Ray Roberts and the
Greenbelt as required under the terms of the federal loan for the
reservoir; and
WHEREAS, the cities of Denton and Dallas ("Cities") have paid
for one-half of the recreation facilities on Lake Ray Roberts and
the Greenbelt; and
WHEREAS, the City of Denton pays $1.2 million in debt service
for the recreation facilities at Lake Ray Roberts annually; and
WHEREAS, the cities currently have the responsibility to
operate the recreation facilities; and
WHEREAS, the cities have entered Into a lease agreement (the
"Agreement") with Texas Parks and Wildlife Department ("TPWD") to
operate the recreation facilities at Lake Ray Roberts: and
WHEREAS, as part of that Agreement, the TPWD presently collects
and retains all entrance fees and concession revenues related to
the recreation facilities at Lake Ray Roberts; and
WHEREAS, those revenues originally were intended to offset the
costs of operation and maintenance of the Greenbelt by TPWD; and
WHEREAS, TPWD has not been able to conflrmthrough its Board of
Commissioners that they will operate the Greenbelt without
addltional compensation from the cities; and
WHEREAS, the cities will receive the responsibility to operate
the Greenbelt when the Corps turns the facilities over to the
cities upon completion in the Spring of 1998; and
WHEREAS, the cities will need an annual revenue source of
approximately $300,000 to operate and maintain the Greenbelt should
the TPWD be unable to do so; and
WHEREAS, Lake Ray Roberts offers potential for future revenue
sources for the City of Denton; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HE,BY RESOLVES:
~ That the City Manager is hereby authorized to
conduct negotiations with the City of Dallas to review and possibly
re-negotiate the~reement with the TPWD and dete~ine the best way
to fund the operation and maintenance of the Greenbelt.
SECTION II. That the City Manager is hereby instructed to, as
part of the review with the City of Dallas, to consider te~lnatlng
the Agreement with the TPWD.
S_~ Should the city Manager decide that terminating
the ~reement with the T~D is the best alternative, the City
Manager shall present to the City Council a proposal for operating
and maintaining the recreation facilities at both Lake Ray Roberts
and the Greenbelt.
S~CTION IV. The City Council retains 1ts authority to vote on
any proposal to te~inate the ~reement with TPWD.
SECTION V. That this resolution shall become effective
i~ediately upon its passage and approval.
ATTEST~
JENNIFER WALTERS, CITY SECRETARY
APPR D AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
t \wpdocs\res\denco911 res
RESOLUTION NO. g
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPROVING THE AMENDED FISCAL YEAR 1997 FINANCIAL PLAN OF THE DENCO
AREA 9-1-1 DISTRICT, PURSUANT TO THE TEXAS HEALTH AND SAFETY CODE,
CHAPTER 772, AS AMENDED; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Council of the city of Denton has been presented
the Amended Fiscal Year 1997 F~nanclal Plan of the Denco Area 9-1-1
District for approval, in accordance with §772.309 Texas Health and
Safety Code, as amended, NOW, THEREFORE;
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. That the City of Denton hereby approves the amended
financial plan.
S~TION II. That this resolution shall become effective
immediately upon its passage and approval
PASSED AND APPROVED this the /~T% day of ~ , 1997
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
j \WPDOCS\~S\MOU RBS
RESO?, ON NO fqo-oJ
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OFUNDERSTAND-
ING BY AND BETWEEN THE CITIES OF DENTON, GARLAND, AND GREENVILLE,
TEXAS FOR THE CREATION OF A SUB-CONTROL AREA FOR OPERATIONAL
CONTROL AND ECONOMIC DISPATCH RELATING TO THE EFFICIENT DELIVERY OF
POWER AND ENERGY TO THE THREE PARTICIPATING CITIES, AND PROVIDING
FOR AN EFFECTIVE DATE
WHEREAS, the Citzes of Denton, Garland, and Greenvmlle, Texas
desmre to form a sub-control area mn order to achmeve mmproved
operating control and economic dmspatch, as well as to ~mprove the
effzclency of the delmvery of power and energy to all three cmtmes,
and desmre to enter mnto a memorandum of understandmng, generally
settmng forth themr ob]ectmves, and
WHEREAS, the Cmtles of Denton, Garland, and Greenvmlle, Texas
mntend to pursue the negot~atmon of a wrmtten agreement between
themselves which wmll specify detamled operatmng pollcmes and
procedures to be established for the operation of joint economzc
dispatch The three cmtles will seek to include within the written
agreement pol~cmes detamlzng ]omnt purchase and sales, unzt
commmtment, forecastmng, mamntenance of equmpment, cost sharzng,
responsmve reserve, generation control, overhaul schedulmng, energy
allocatzon-prmclng, backup emergency energy purchase, among other
thmngs, and
WI~EREAS, the Cmty Councml belmeves bt ms advantageous for the
Czty of Denton to enter into the proposed memorandum of understand-
Lng with the Cmtles of Garland and Greenvmlle, Texas, creatmng a
sub-control area as set forth above, NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
S$CTION I That all recltatmons contamned mn the above
preamble are found to be true and correct and are hereby mncorpo-
rated mn the body of thms resolutmon by reference as zf copmed an
their entirety
SECTION II. That the City Manager ms authormzed to execute a
memorandum of understanding between the Cmtmes of Denton, Garland
and Greenvmlle, Texas for the creatmon of a sub-control area for
operatmng control and economzc dmspatch relatzng to the effmclent
delmvery of power and energy between the three partmcmpatmng
cmtmeS, in substantmally the form and content of the memorandum of
understandmng, a copy of which ms attached hereto and mncorporated
by reference heremn
SECTION III. That thms resolutmon shall become effectmve
mmmediately upon mrs passage and approval
PASSED AND APPROVED thzs the J~ day of ,~..~.~ , 1995
JAC~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROYED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
MEMORANDUM OF UNDERSTANDING
Beginning January 1, 1997, the C~t~es of Denton, Garland and Greenwlle
(the "C~t~es") agree to form a Subcontrol Area for operating control and economic
d~spatch, to improve the efficiency of dehvery of power and energy to all three
C~tles
Under a wrztten agreement to follow, the Cities w~ll specify detailed
operating pohc~es that w~ll be estabhshed for the operabon of joint economic
d~spatch Included w~th~n the agreement w~ll be pohc~es deta~hng joint purchase
and sales, unit commitment, forecasting, maintenance of equipment, cost
sharing, responsive reserve, generation control, overhaul scheduling, energy
allocatlon-pr~clng and backup emergency energy purchase The agreement w~ll
also establish a s~ngle agent to provide ancillary serwces by the subcontrol area
In add~tzon to the drafting and adoption of a formal agreement between
the three C~fles, the C~tles w~ll endeavor to develop an agreement between the
C~t~es and Brazos Electric Cooperative which defines the operating parameters
between the TMPP control area and the three c~ty subcontrol area Any
modifications to the ex~st~ng agreements needed to ~mplement these operational
changes w~ll be ~denfifled and presented to the appropnate governing bodies
Ted Benevldes, City Manager
City of Denton ~
C~ty o'f~arland ~.
Tom DaRe, General Manager
Greenwlle Electric Utility System
RESOLUTION NO ~9 ~--013
A RESOLUTION IN SUPPORT OF THE POLICY POSITION ON FEDERAL LEGISLA-
TIVE ISSUES FOR THE 105TH CONGRESS, AND PROVIDING AN EFFECTIVE
DATE
WHEREAS, the Intermodal Surface Transportation Efficiency Act
of 1991 will expire on September 30, 1997, and
WHEREAS, the region's ability to fund the transportation
improvements identified in Mobility 2020. The Metropolitan
Transportation Plan will be significantly impacted by the legisla-
tion that will be enacted to succeed the lntermodal Surface
Transportation Efficiency Act of 1991, and
WHEREAS, a proposal to increase the percentage of revenues
from the Highway Trust Fund returned to Texas and other donor
states, known as the STEP 21 Coalition, will be introduced in the
105th Congress, and
WHEREAS, the Dallas-Fort Worth Area Partners In Mobility is a
coalition of elected officials and business and civic leaders from
the North Central Texas region who are committed to maintaining the
viability of the Dallas-Fort Worth regional economy by improving
the area's surface transportation system through continued
investment; and
WHEREAS, the Dallas-Fort Worth Area Partners In Mobility have
been actively involved in Texas state leg~slatlve matters since
1995 and believe that these efforts should be complemented by
similar activity in federal legislative matters, and
WHEREAS, it is in the interest of the Dallas-Fort Worth region
for Denton to take a position on the reauthorlzatlon of the
Intermodal Surface Transportation Efficiency Act of 1991, NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
I~ That the City of Denton is in support of the
attached Partners In Mobility Position on Federal Legislative
Issues for the 105th Congress
~ECTION II. That the City of Denton is in support of the
attached Partners In Mobility statement to Congress regarding the
proposal from the Streamlined Transportation Efficiency Program for
the 21st Century (STEP 21)
~ That this resolution will be sent to local,
regional, and selected committee representatives in the U S
Congress and any other interested parties
SECTION III That this resolutzon shall become effective
immediately upon its passage and approval
PASSED AND APPROVED this the I~ day of ~ , 1997
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Page 2
A Coalition of Dallas-Fort Worth Area
Public and Private Transportation Interest Groups
1 Remove the four transportation trust funds from the Umfled Federal Budget Transportation programs are funded by
taxes and user fees, therefore they are self supporting and should not be hm~ted by domestic spending caps
Remowng the trust funds from the Umfled Federal Budget frees the balances of all four trust funds to be spent down
thereby ~ncreas~ng transportabon expenditures and meeting priority needs
2 Appropriate motor fuel tax revenue only for the maintenance and improvement of the nabon s surface transportation
~nfrastruoture Revenues from the sale of gasohne should be spent solely on transportabon programs by going d~rectly
~nto the h~ghway and transit accounts of the H~ghway Trust Fund The use of these revenues for any other purpose ~s
unacceptable, g~ven that ~nvestment ~n transportabon ~s not keeping up w~th the need Specifically, the $ 043 per
gallon ~n gas tax revenue that is currently being appfled to the General Fund to service the deficit should be
reallocated to the H~ghway Trust Fund to fund transportabon ~mprovements
3 Enact a surface transportation authonzabon bill to succeed Intermodal Surface Transportation Efficiency Act (ISTEA)
which
· Adequately maintains and improves the National H~ghway System
· Returns a minimum of 95 percent of the federal gasohne taxes collected ~n Texas back to Texas
· G~ves states and local governments broad authority and great flex~bdlty ~n matching federal transportabon sources
to their specific surface transportation needs
· Reduces the restr~ot~ons and program categones ~n ISTEA but does prowde program and project funds to achieve
a~r quahty oompliance as long as the Clean A~r Act plaoes mobility mandates on nonatta~nment areas
· Prowdes mean~ngfu, and sensible planning coordination ,,nd project pnor~bzat~on roles for Metropolitan Planning
Orgamzat~ons
· Encourages ~nnovabon and retains the pnno~ples of hnanc~al planning, partnership and consensus budding
Founded ~n 1995 the Partners 1~ Mobility ~s a publtc an(~ private sector coalition OT the Norti' Texas Comrn~sslon/Nort~ Texas Reglona, Transportaho~
Task Force the Dallas Regional MoblhtV Coallhon the Greater Dallas Chambe OT Commerce the Fort Wort~ Chamber oi Commerce and the North
A Coalition ,of Dallas-Fort Worth Area
Public and Private Transportation Interest Groups
The Dallas-Fort Worth Area Partners In Mob~hty
respectfully urge your support of the proposed leg,slat~on
regarding transportabon funding proposed by
Congressmen Delay and Cond~t Th~s bill advocates a Streamhned Transportabon Efficiency
Program for the 21st Century (STEP 21) The STEP 21 concept Is primarily concerned w~th
returning a greater porbon of transportabon funding to those states who have h~stoncally
contnbuted more to the H~ghway Trust Fund than they have received The STEP 21 concept
should better recognize the s~gn~flcant a~r quahty ~ssues ~n certain metropohtan areas,
~nclud~ng Dallas-Fort Worth, by continuing the role prowded for local elected officials, acting
through their Metropohtan Planning Organization (MPO) under the Intermodal Surface
Transportation Efficiency Act of 1991 (ISTEA) Th~s role has allowed local elected officials to
d~rect the allocabon of funds for metropolitan mobd~ty congestion m~bgabon and a~r quahty
~mprovement
Founded m 1995 the Pa,rne]$ I~ Moefl/t~ rs a public an¢ private sector coahl~o- of the North Texa~ Commission/North Te×a~ Regional Transporlakor,
Task Force the Dallas Regional Mobility Coahtlor the Greater Dallas Cnamue of Comme~ce the For* Worth Cnambe o~ Commerce ano t~. NO Ir,
E \WPDOCS\RES\STATE LE~
RESO ,UT UN NO f99--O/¥
A RESOLUTION IN SUPPORT OF THE POLICY POSITION ON STATE LEGISLATIVE
ISSUES FOR THE 75TH SESSION OF THE TEXAS LEGISLATURE, AND PROVIDING
AN EFFECTIVE DATE
WHEREAS, the 75th Texas Legislature will be in session from
January to June of 1997, and
WHEREAS, Texas' transportation system and related improvements
will be a critical issue to be considered and debated by the 75th
Legislature during the session, and
WHEREAS, the Dallas-Fort Worth Area Partners In Mobility is a
coalition of elected officials and business and civic leaders from
the North Central Texas region who are committed to maintaining the
viability of the Dallas-Fort Worth regional economy by improving
the area's surface transportation system through continued
investment, and
WHEREAS, the Dallas-Fort Worth Area Partners In Mobility have
worked in successful partnership with the Texas Transportation
Commission since 1995, and
WHEREAS, the region's ability to fund the transportation
improvements identified in Mobility 2020 The Metropolitan
TransPortation Plan w~ll be significantly impacted by the work of
the Texas Legislature, and
WHEREAS, it is in the interest of the Dallas-Fort Worth region
for Denton to take a position on state legislative ~ssues for the
75th Legislative Session, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
SECTION I. That the C~ty of Denton is in support of the
attached Partners In Mobility Position on State Legislative Issues
for the 75th Texas Legislative Session
~F~ That this resolution w~ll be sent to local,
regional, and selected committee representatives in the Texas
Legislature and any other interested parties
~ That this resolution shall become effective
immediately upon Its passage and approval
PASSED AND APPROVED this the /~q~ day of ~ , 1997
ATTEST.
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM.
HERBERT L PROUTY, CITY ATTORNEY
Page 2
A Coalition of Dallas-Fort Worth Area
Public and Private Transportation Interest Groups
Utlhze the State H~ghway Fund (Fund 006) for its intended purpose of roadway maintenance and construction There
ts a growing gap between Texas sudace transportation needs and resources available to address those needs which
~s compounded by the declining port~on of Fund 006 which ~s appropriated to the Texas Department of Transportabon
(TxDOT) Reverse this trend, so that the State H~ghway Fund ~s used exclusively to maintain and construct Texas
roadways
Prowde adequate enforcement and a perrn~t fee level sufficiently h~gh to d~soourage overweight vehicles from using
Texas highways or to generate revenue sufficient to repair the damage caused by such vehicles
Remove existing caps, hmlts, and restrictions on fees and taxes to enable local governments to implement revenue
measures earmarked for highway maintenance, rehab~htat~on, expansion, or new construction
Support the Sunset Adwsory Commission recornmendat~on of September 24, 1996, and the Texas Turnpike Authority
(TTA) resolution of September 18, 1996, to
· Establish a North Texas Tollway Authority (NTTA) comprised ct Colhn, Dallas Denton, and Tarrant Counties
· Transfer to NTTA all exlsbng TTA operations contracts, and I~ab~l~t~es within Collm and Dallas Counties
· Create a separate division in TxDOT for toll projects statewlde
· Ensure that NTTA and TxDOT retain authonty to issue project revenue bonds
Continue TxDOT for 12 years, as recommended by the Sunset Adwsory Commission including
· Study the point of accountab~hty for fuel tax collecbons
· Authorize use of a State Infrastructure Bank to take full advantage of federal h~ghway funds
· Remove obstacles to automattng the contract bidding system
· Use the Council on Competitive Government to help TxDOT define a balance between ~n house and contracted
eng~neenng serwoes
Establish a Texas Sudace Transportation Study Commission compnsed of House and Senate members appointed by
the Speaker and Lt Governor and of o~t~zens appointed by the Governor to study the State s sudaoe transportation
needs hold hearings throughout the State and make specific recommendations lor the 76th Leg~slabve Session to
meet the needs of Texas sudace transportation system
Amend Sec 452 102 of the Transportation Code to document that ~nvestments authonzed under the Public Funds
Investment Aot for all Texas Iooal governments are legal investments for Dallas Area Rap~d Transit (DART) Amend
Sec 452 108 of the Transportabon Code to permit ~mplementat~on of defeased tax leases (DTLs) allowing DART to
sell a taxable benefit suoh as asset depreolabon or lease expenses to a private company Amend SB200 the Texas
Clean Fuels Program to grant oertam credits delays and modifications as recommended by the Fort Worth
Transportation Authority
Founded ~r 1995 the Parfne~s I~ Moblfltv is a public ano private sector coalition of the North Texas Commission/North Texas Re~lona~ Transpo tabon
Task Force the Dallas Regional MoblhTy CoalltlOP the Create Dahas Chambe Of Commerce the FOe Wortr~ Chamber of Commerce and tho North
Cen'~ral Texas Counol~ ol Governments/Regional Transportation Counc¢ Aimeo al ~mprowno reqlonal moDrlrt~ through eflecwe advocac~ the Partner*
Next Document
t \wpdocs\res\hatcher res
NOTE Amended by Ordinance No. 97-131.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPROVING THE ASSIGNMENT BY BRUCE BROWN OF THE "TRACT A" LEASE OF
AIRPORT PROPERTY TO DWAYNE E. HATCHER AND DAVID W AUSTIN, SAID
PROPERTY CONSISTING OF 19,122.84 SQUARE FEET, AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Denton has leased airport property to
Bruce Brown, one such lease being identified as "Tract A", and
WHEREAS, Bruce Brown wishes to assign his interest in the
"Tract A" leased facilities to Dwayne E Hatcher and David W
Austin; and
WHEREAS, Bruce Brown is required to obtain the City's written
consent to this assignment; NOW, THEREFORE;
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES.
SECTION I. That under paragraph XI (Assignment of Lease) of
the "Tract A" lease between the City of Denton and Bruce Brown
dated December 6, 1994, the city of Denton gives its written
consent to the assignment dated February 24, 1997 between Bruce
Brown and Dwayne E Hatcher and David W Austin, attached as
Exhibit A.
SECTION II. That consent to this attached assignment is sub-
]ect to and shall be considered valid only for so long as Dwayne
Hatcher complies with all terms of the "Tract A" lease agreement of
December 6, 1994 between the City of Denton, Texas and Bruce Brown
SECTION III. That this resolution shall become effective
immediately upon its passage and approval
PASSED AND APPROVED this the /~ day of ~~___, 1997
JAC~
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
Februa~ 24,1997
Ms Lmda Ratllff
Director of Economic Development
Denton Munmtpal A~rport
5000 A~rport Road
Denton, TX 76207
Dear Ms Rathff
Th~s letter is to serve nobce that Dwayne Hatcher and David Ausbn have reached an
agreement with me to accept the assignment of the land lease described as Tract "A"
consisting of 0 439 acres of land (19,122 84 square feet) that I have leased at the Denton
Municipal Airport
Attachment
Dwayne Hatcher and David Austin have agreed lo accept the assignment of my interest
~n the land lease I currently have at the Denton Municipal A~rport described as Tract "A'
and consisting of 0 439 acres of land (19,122 84 square feet)
Given under my hand and seal of office th~s ~ day of r-el~, 1997
G~ven under my hand and ~al of office th~s ~ day of ~, 1997
~ (: ~ ~) N~ ~SUC ~ 0F ~ ~ ~ARY PUBLIC
'ARY
PUBLIC
~TON COUNt, TE~S
ORDINANCE NO. q -I - 3 /
AN ORDINANCE AUTHORIZING THE CITY MANGER TO EXECUTE AN
AMENDMENT TO THE COMMERCIAL OPERATOR AIRPORT LEASE
AGREEMENT BETWEEN T~E CITY OF DENTON, TEXAS AND BRUCE BROWN
WHICH WAS ASSIGNED PER RESOLUTION NO. R97-01~ TO DWAYNE E.
HATCHER AND DAVID W. AUSTIN TO ALLOW FOR REFINANCING OF THE
IMPROVEMENTS WITHIN SUCH LEASE; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I That the City Manager is anthonzed to execute an amendment to the
commercial operator airport lease agreement between the City of Denton, Texas and Bill Brown,
which was assigned per Resolution No R97-015 to Dwayne E Hatcher and Dawd W Austin to
allow for refinancing of the improvements within such lease, under the terms and conditions
contained within the amendment, which is attached hereto and made a part hereof
SECTION H That tbas ordinance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED this the Z-fi""~ day of ~L~... ,
1997
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
CITy 01~ i:tlnq'roN, ~ 1.~SSOl~
ATI'i~T
J'ENNllt, B~ WALTBItS, CITY ~at.~TAltY
DAVID W AU~,I, A..~I~
THE STATEOP 1-bXA$ §
CouNTY O1= DI/I,,TrON §
B~[tOR]E Mt/~ und{~lned authonty, ~ No~ ~bc m ~ for ~d S~ of T~ o~ ~s
day ~ ~ ~ ~ to me to ~ t~ ~ ~o ~ ~ ~t~ ~
01~ ~ ~ R~ ~ S~ OF O~ t~ ~
E \WPDOCS\RES\}{EALTH
A RESOLUTION APPOINTING A MEMBER TO THE BOARD OF DIRECTORS OF THE
DENTON HEALTH FACILITIES DEVELOPMENT CORPORATION, AND DECLARINGAN
EFFECTIVE DATE
WHEREAS, Lloyd Harrell has resigned his position as a member of
the Board of Directors of the Denton Health Facilities Development
Corporation, effective January 31, 1997, and
WHEREAS, the City Council wishes to appoint his successor, NOW,
THEREPORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
SECTION I That Ted Benavldes is hereby appointed to the Board
of Directors of the Denton Health Facilities Development
Corporation
~ That the term of office for said member shall be
the remainder of Lloyd Harrell's term of office, which shall expire
on November 2, 1999
SECTION III That this resolution shall become effective
immediately upon Its passage and approval
1997
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
A \RETIRE R
RESOLUTION NO 7-d/g
A RESOLUTION APPOINTING A MEMBER TO THE BOARD OF DIRECTORS OF THE
DENTON RETIREMENT AND NURSING CENTER FINANCE AUTHORITY, AND
DECLARING AN EFFECTIVE DATE
WHEREAS, Lloyd Harrell has resigned h~s pos~t~on as a member of
the Board of D~rectors of the Denton Retirement and Nursing Center
F~nance Authority, effective January 31, 1997, and
WHEREAS, the City Council wishes to appoint his successor, NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
SECTION I That Ted Benav~des ~s hereby appointed to the Board
of Directors of the Denton Retirement and Nursing Center Finance
Authority
~ That the term of office for said member shall be
the remainder of Lloyd Harrell's term of off~ce, which shall expire
on November 2, 1999
~ That this resolution shall become effective
~mmediately upon its passage and approval
PASSED AND APPROVED this the /~7~ day of Q~/ , 1997
JA~MILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEC-J:~T, FORM
HERBERT L PROUTY, CITY ATTORNEY
~ ' V v.~ ~ //
RESOLUTION NO ./~.q 7 -Olf
A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
SUBMISSION OF AN APPLICATION TO THE CRIMINAL JUSTICE DIVISION OF
THE OFFICE OF THE GOVERNOR, STATE OF TEXAS, REQUESTING
CONTINUED FUNDING FOR ONE (1) JUVENILE/DOMESTIC VIOLENCE
INVESTIGATOR AND ASSOCIATED TRAINING AND SUPPLIES FOR A FAMILY
SERVICES UNIT, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the Cay of Denton ~s ehgtble to recetve funds from the Criminal
Justtce Dtvts~on of the Office of the Governor, State of Texas, and destres to increase the
effecttveness of the Denton Pohce Department's efforts to resolve problems assocmted
wtthjuvemle crune and faintly vtolance, and
WHEREAS, m order to receive such funds, tt ts necessary for the Council of the
Ctty of Denton to authorize the submtssxon of a apphcatton to the Criminal Justice
D tmslon of the Office of the Governor, State of Texas, requesting continued fundtng for
one (1)juvemle/domest~c violence investigator and assoctated training and supphes to be
dedtcated to the mvesttgatmn of criminal offenses mvolvtng juvemles and faintly
vmlance, NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
S~CTION I That the Ctty of Denton, Texas, certtfies that tt ts ehg~ble to
continue to recetve a funding allocatton from the Cnmmal Justice D~vmon of the Office
of the Governor, State of Texas, for one (1) investigator to be used tn the mvestxgatton of
cnmmal offenses revolving juveniles and family vtolence and assoctated training and
supplies,
SECTION II That the Ctty Counctl anthonzes and dtrects the Ctty Manager, or
hts destgnee, to represent and act on behalf of the Ctty of Denton m applytng for and
working w~th the Cnmmal Justice Dtviston of the Office of the Governor, State of Texas,
in regard to such grant apphcat~on
SECTION III That the Ch~efofPohce shall forward a copy ofth~s resolutton to
the Crmamal Justtee Dtvtston of the Office of the Governor, State of Texas
SECTION IV That thts resolutton shall become effecttve tmmedmtely upon tts
passage and approval
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
RESOLUTION NO ~ - (~)/9
A RESOLUTION OF THE CITY OF DENTON EXPRESSING THE CITY COUNCIL'S
OPPOSITION TO HOUSE BILL 3321 WHICH REQUIRES DONATION OF PUBLIC RIGHT-
OF-WAY TO PRIVATE INVESTOR-OWNED TELECOMMUNICATIONS COMPANIES,
AND PROVIDING AN EFFECTIVE DATE
WHEREAS, H B 3321 will donate public right-of-way purchased by reties with taxpayer
funds to lmvate investor-owned telecommumcations companies, and
WHEREAS, H B 3321 is contrary to the universally held view that the best regulation is
that exercised at the local level, and
WHEREAS, H B 3321 will end the requirement that the public rights-of-way be used for
the public good, and
WHEREAS, H B 3321 confiscates citizen-owned public rights-of-way when it caps the
rental the private investor-owned-for-profit telecommunications companies must pay for the use
of smd public rights-of-way regardless of the value smd rights-of-way bestow upon the
telecommunications eompames that will use them to generate enormous profits for private
investors, and
WHEREAS, H B 3321 is contrary to prohibitions in the Texas Constitution preventing a
munm~pahty from making a gift to a private entity, and
WHEREAS, H B 3321 is not in the public interest of the citizens of the State of Texas
for the reason that local control will be terminated and then vested in a single commission that
historically has not operated in the public interest, and
WHEREAS, under H B 3321, cities will no longer be able to control the use of public
right-of-way to benefit the public, and
WHEREAS, the Public Utility Commission has amply demonstrated, through its action
and mhngs in telecommunications matters, such as service provider certificate of operating
authority, that the Public Utility Commission does not operate with the interests of citizens and
mumclpahtles as as primary goal, and
WHEREAS, H B 3321 will no longer follow the long-held view that private investor-
owned telecommunications companies must pay fair market value rental to the cities for the use
of the taxpayer supphed right-of-way, and
WHEREAS, H B 3321 may be argued by local exchange telephone companies for the
proposition that franchises negotiated by such compames with cities prior to the adoption of H B
3321 but not effective until 1997 are preempted, and
WHEREAS, GTE may argue that H B 3321 allows GTE to reduce its franchise fee
paymem for 1997 to the C~ty of Denton fi.om approximately $800,000 to $125,000, and
WHEREAS, through the present regulatory procedure vested m cities, telecommumca-
t~ons companies have multiplied and prospered, and
WHEREAS, the grading prmelple behmd H B 3321 ~s "whatever is good for the private
mvestor-ownad teleeommumeatlons companies, is good for Texans" even though H B 3321
ends effectave local regulation of cmzen owned public rights-of-way, ultimate control Is vested
in the Pubhe Utlhty Commission, and the pubhe return on their investment is confiscated, and
WHEREAS, the Public Ut~hty Commass~on does not have the resources, nor the ability to
oversee the use ofpubh¢ nghts-of-way in each and every c~ty m the State of Texas, and
WHEREAS, H B 3321 w~ll cause the hves of citizens to be put at risk through the
mab~hty of the Pubhe Utility Commission s~ttmg at Austin to msure the teleeommumcataons
companies properly use the citizens' pubhc r~ghts-of-way m each and every city, NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES
SECTION I That the City Council opposes H B 3321 for the reason that smd legislation
~s confiscatory of pubhe property for private monetary gain, contrary to constitutional
prohlbmons against a mumclpahty malang a gift to a private entity, detrimental to the health,
safety, and welfare of the citizens of the State of Texas, and contrary to the public interest
SECTION II That the City Council requests that the City Secretary is directed to send a
true and correct copy of this resolution to Senators Tom Haywood, Jane Nelson, and David
Slbley and Representatives Mary Denny, J~m Horn, and Butt Solomons, who represent the
Denton area are requested actively oppose H B 3321 and keep the C~ty of Denton City Cotmc~l
fully informed
~ That thxs ordinance shall become effective lmmed~ately upon ~ts passage
and approval
PASSED AND APPROVED thls the /_~f'- dayof ~ ,1997
/
PAGE 2
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
E \WPDOCS~RES\HB 3321 RESOLUTION
PAGE 3
Note Amended by Ordinance No. 97-132
RESOLUTION NO ~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING THE
ASSIGNMENT BY FOX-51, LIMITED OF THE FIXED BASED OPERATOR AND COMMERCIAL
OPERATOR LEASES OF AIRPORT PROPERTY CODIFIED INTO ONE LEASE ON APRIL 15, 1997 TO
EZELL AVIATION, INC, SAID PROPERTY CONSISTING OF APPROXIMATELY 235,218 SQUARE
FEET OF LAND, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the C~ty of Deaton has leased mrport property to Fox-51, Lmuted, one parcel being ~denUfied
as Land"A', F~xed Base Operator Prenuses conmstmg of approyumataly 56,300 square feet of land, more or less,
and another parcel glent~f~xl as Commemml Land Premmes, Tract I and Tract II, Tract I consisting of
apprommately 105,180 55 square feet of land and Tract II, land development compleuon reqmred by January
1, 1998 consmtmg of approxtmately 73,737 45 square of land, and
WHEREAS, Fox-51, Lnmted vaflaes to assign tt's utterest m the above A~rport Lease Agreenmnt approved
by the C~ty Commtl on April 15, 1997, to Ezell AwaUon, Ine, and
WHEREAS, Fox-51, Lnmted ~s requn~d to obtain the C~ty's written consent to tins ass~gnnmnt, NOW,
THEREFORE,
~ That the C~ty of Donton hereby g~vas ~ts written consent to the asmgnment of Fox-51,
Lmuted's An'port Lease Agreement b~4~ve~t tim C~ty of Denton dated May 6, 1980, and amonded on June 16,
1980, and Fobrumy 19, 1985, and the Conaiiercaal Operator Lease dated April 1, 1986 and amended on February
2, 1988 and August 20, I991, pursuant to the assignment dated April 10, 1997 between Fox.51, Lmuted and
Ezell Awat~on, Ine, alla~hed as Exlnb~t "A" Those leases were cochfied into one lease on April 15, 1997
~ That ~eat to th~ a~stgnment m subject to and shall be considered vahd only for so long
as Ezdl Aw~on, ln~ eomphes w~th all tea-ma of the Atrpo't Lease Agreement between the City of Denton, Texas
and Fox-51, Lumted dated April 15, 1997, tv/,cept the City drops tts clann for late payment fees arising under
Seet~on IV C of the April 1, 1986 Commereml Operator Lease meonstderatton of the addrt~onal benefits
provided to the City by the April 15, 1997 A~rport Lease Agre~nent
~ That tlus resolution shall become effective tmme&ately upon ~ts passage and approval
PASSED AND APPROVED tins th~"/--day of'~ ,1997
JA~'
ATTEST
JENNIFER WALTERS, CITY SECRETARY
All'rOVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
EXHIBIT A
Apnl 10, 1997
Nelson Ezell d b a EZELL AVIATION, INC has agreed to accept the asmgnment of Fox-51
Lm~tted's Fixed Based Operator and Commerctai Operator Leases that ~t currently has at the Denton
Murac~pal,Parport descnbed as appromrtmtely 235,218 square feet of land
FOX-51, LIMITED
FRANK STRICKLER
Oven under my hand and seal of office tlus [ I~ day of Apnl, 1997
/}~'~i ~'~]~ EZELL AVIATION, INC
. ~ PO BOX 1793
NELSON EZELL
c~vo. ~mder my,.~d .~d .-~ oeom=,~. II & d.y of A~.~. 1997
~ '..C~
% ".5~ ,'"
C \WPDOCS\ORD\FOX51 ORD
ORDINANCE NO. ~--1~O
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AIRPORT
LEASE AGREEMENT BETWEEN THE CITY OF DENTON AND FOX-51 LIMITED WHICH
AMENDS THE EXISTING FIXED BASE OPERATOR AND COMMERCIAL AIRPORT
LEASES BETWEEN THE PARTIES AND INCORPORATES THE TERMS OF SUCH
LEASES INTO ONE NEW LEASE; AND PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is authorized to execute an
Airport Lease Agreement between the City of Denton and Fox-51
Limited which amends the existing Fixed Base Operator and
Commercial Airport Leases between the parties and incorporates the
terms and conditions contamned within such leases as amended into
one new lease, which is attached hereto and made a part hereof for
all purposes.
~ That this ordinance shall become effective
Immediately upon 1ts passage and approval
PASSED AND APPROVED this the /~day of ~, 1997
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APP~VED AS TO LEGAL FORM.'
HERBERT L. PROUTY, CITY ATTORNEY
ORIGINAL
AIRPORT LEASE AGREEMENT
COMMERCIAI./FBO
WHEREAS, the City of Denton, Texas as Lessor and Fox-51 L~mited, as Lessee, entered ~nto an A~rpo~t
Lease Agreement dated May 6, 1980, and
WHEREAS, such Airport Lease Agreement was amended ~n wntmg as of June 16, 1980 and February
19, 1985, and
WHEREAS, the City of Denton, Texas as Lessor and Fox-51 Lim~ed, as Lessee, entered mto a
Commercial Operator Lease dated April 1, 1986, and
WHEREAS, such Commercial Operator Lease was amended ~n writing es of February 2, 1988 and again
as of August 20, 1991, and
WHEREAS, it is the mutual desire of each of the parties to further amend such leases and place in one
~nstrument all of the provisions of the leaees between the parties hereto,
WHEREAS, the City of Denton, Texas, Lessor and Fox-51 Limited, Lessee desire that this agreement
constitute the entire understanding between the partle~ and as of ~ts effectwe date supersedes all prior or
~ndependent leass~reements between the parties covenng the subject matter hereof, NOW, THEREFORE,
This lease and agreement is mede and entered into th~s [~' d~ay of _~42Z1,{.~, 1997 by and between
the C~ of Denton, a Munmipal Coq3omaon, situated ~n Denton County, Texas, hereinafter called "Lessor", and
Fox-51 Limited, a corporation of the State o~ Texas, located at Route 1, Box102, D,ento.n, T_exas,.and .whose
registered agent is F D Strlckler, located at Route 1, Box 102, Denton,/exes, nere~naner rererreo To as
"Lessee"
In con~dereflon of the premlees and the mutual covenants, the pa~ss agree that the land to be leased ~s the
following described land situated ~n Denton County, Texas
I PREMISE8 AND USE
A Land "A" - Fixed Base Oseretor Premise
A 100 x 200 foot tract of land, being appmximstely 20,000 aClU are feet, and a 165 x 220 foot tract of land, being
approximately 36,300 square feet, ha~tng a combined area of approximately 56,300 square feet or 1 29 acres,
described aa follows
COMMENCING atthe nor~w~est corner of a tract of land as conveyed to P F Breen by deed recorded
~n Volume 127, Page 185 of the Deed Records of Denton County, Texas ee~d point lying in the South
right of way line of FM Road 1515,
THENCE west along'the south right of way hne of FM Road 1515 a distance of 350 feet to e pomt,
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 hne of FM 1515 a d~ltance of 870 feet, more or less,
tO a point on the east edge of the pavement of the north taxtway,
THENCE north 13*50'41" west along the east edge of pavement of said north taxiway a distance of 10
feet to a point for a corner,
THENCE norlh 76~09'19" east perpendicular to said east edge of pavement a d~stance of 175 feet to the
point of beglnmng,
THENCE north 13°50'41" west 175 feet east of and parallel to said east edge of pavement a distance
of 220 feet to a point for a corner,
THENCE north 76°09'19" east perpendicular to said east edge of pavement a distance of 5 feet to a
point for a corner,
THENCE north 13~50'41" west 180 feet east of and parallel to sa~l east edge of pavement a distance
of 200 feet for a point for a corner,
THENCE north 76~)9'19" east perpendicular to sa~d east edge of pavement a distance of 100 feet to a
point for comer,
THENCE south 13°50'41" east 280 feet east of and parallel to said east edge of pavement a distance
of 200 feet to a point for a corner,
THENCE north 76°09'19" east perpendicular to sam east edge of pavement a dattance of 60 fast to a
point for a corner,
THENCE south 13°50'41" east 340 feet east of and parallel to said east edge of pavement a distance
of 220 feet to a point for a corner,
THENCE south 76~09'19" west perpendicular to sa~d east edge of pavement a d~stance of 165 feet to
the~place of beginning and containing 56,300 square feet of land, more or less, as shown on Exh~b~[ "A",
attached hereto and incorporated herein by reference
B Use of Fixed R,.:ad Ooereter Premises Land "A"
Lessor doss hereby demise and let unto the Lessee, and Lessee does hereby lease and take from the Lessor,
the land and facilities herein dsocdbed, and the nghts, licenses, and pnvllegse in connection with the use of
such property end improvements as follows
1 The use, in common with others authorized so to do, of said a:rport and all appurtenances,
factli~s, improvements, equipment and sarvtcss which have been or may hereafter be provided
thereat
2 The opera,on of a transportation system by aircraft, the rapeidng, maintaining, condaomng,
servicing, perking or storage of aimreft or other equipment, the tralmng of personnel and the
testing of aimraff and other equipment, the sale, d~sposal or exchange of aimraft, engines,
acce~orie~, end related equipment, the ssrwc;ng by Lessee of aimraft and other a~rport related
equipment, including the right to Install and maintain on said airport adequate storage facilities,
and appurtenances, including nght of way necessary therefor, the landing, taking off, parking,
loading, and unloading of alrcreft and other equipment, the right to Icad and unload persons,
property and mall et said airport, by such means as Lessee may desire, with the right to designate
the canfars who shall transport Lassoe's passengers and their baggage to and from the airport,
and, also, the f~rther right to de.gnats the carriers who shall transport Lessee's a~rborne freight,
if any, to and from the said airport, the right to install and operate advertistng signs, the general
type and design of such signs to be reasonable and appropriate, the right, but not the duty or
obligation, to install, maintain and operate radio, communications, meteorological and aensl
2
navigation, and such other similar equipment and faceless in, on or about the premises here~n
leased, es may be necessary or convenient for Lsssee's operations, the conduct of any other
aviation related business or operations reasonably necessary to the proper, necessary and
appropriate conduct and operation by Lessee of ~s business, and without in any way limiting the
foregoing, Lessee specifically agrees that, ~f Lessee elects to engage m or prowde any of the
above se~cos on the premises herein leased, Lessee will
a Provide sen/ice to the public on a non-d~scnmlnatory bests,
b Conduct and operate its business and management ~n a courteous and efficient manner,
c If Lessee provides tie-down sewice, Lessee w~ll provide t~e-down set.ce to overnight or other
transient aircraft or almraft remaining at the a~rport for twenty-four (24) hours or less,
d If Lessee provides aircraft fuel es~ces, Lessee w~ll make available either by tank truck,
stationa~ pump or other suitable dispensing equipment approved by the Fire Marshall of the
City of Denton, the quality of gasoline and other petroleum dl~ilates normally found at s~m~lar
airports, and ell storage tanks for gasohne and other avtaUon fuels shall be placed
underground in accordance with the pro~qsions of the Fire Code of the City of Denton for
underground flammable liquid storage tanks
e Lessee may not use any of the leased land or premises for the operation of, a motel, hotel,
restaurant, private club or bar, apartment house, or for mduatnal, commercial or retail
purposes, except as authorized herein, w~thout the expressed written consent of Lessor
3 Lessee is hereby authorized to construct upon the land here~n leased, at ~s own cost and
expense, buildings, hangars, and structures, including fuel storage tanks or other equipment, that
Lessor and Lessee mutually agree ara necessary for use in connection with the oberabons authorized
by this lease, pro~Hded, however, before commencing the construction of any ~mprovements upon the
premiss, Lessee shall submit
a all plans and specifications showing the Iooation upon the premtsse of the proposed
construction,
b the estimated coat of such construction
No,construction may commence until Lessor, a~ng by its City Council, has approved the plans and
spsctilcatlens and the location of the improvements, the estimated costs of such construction, and the agreed
eat]mated life of the building or structure Documentary evidence of the actual cost of construction shall be
delivered by Lsesoe to Lesool's Clb/Manager from time to time se such costs are paid by Lessee, and Lessor's
City Manager is hereby authoflzed to endorse upon a copy of this lease itled with the City Secretary of Lessor
such actual amounts ss he shall have found to have been paid by Lessee, and the itndings of said City Manager
when endorsed by him upon said contract shall be conclusive upon all parties for all purposes of this
agreement
C C~ltlltl~l'cisl i nad Premises. Tract I and Tract II
1 Commercial Tract I (CTI) - Developed Land subject to Lease Payments
All that tract or parcel of land lying in the T Toby Survey, Abstract Number 1285, City of Denton, Denton
County, Texas, as shown in Exhibit A and described as follows
C~NCING atthe northwest comer of a tract of land as conveyed to the Nobles Company by deed
rscx)rded in Volume 2798, Page 695, Real Property Records of Denton County, Texas, se~:l point lying
3
~n the south hne of F M 1515,
THENCE north 88~33'43'' west vath the south line of sad F M 1515 a d~stance of 265 14 feet,
THENCE north 01°50'39" west along and near a fence on the east hne of Tom Cole Road a d~stance
of 1000 00 feet,
THENCE south 88~09~21" west a distance of 902 71 feet to a corner on the east line an asphalt tax,way,
THENCE north 12'25'00" west with the east I~ne of sad tax,ray a d=tance of 274 35 feet,
THENCE north 77°35'00" east a distance of 280 00 feet to an ~ron pin at the poInt of begmmng of the
herein desorlbed tract,
THENCE north 12'25'00" west a distance of 240 00 feet to a point for a corner,
THENCE north 77°35'00'' east a distance of 427 15 feet to a pmnt for a corner,
THENCE south 17~42'13" east a distance of 241 03 feet to a point for a corner,
THENCE south 77°35'00" west a distance of 449 36 feet to the Pmnt of Boginmng and containing
105,180 55 square feet or 2 4146 acres of land
Together with the right of Ingress and egress to the property, m common vath others so authorized, of passage
upon the Airport property generally, subject to reasonable regulations of Lessor Th~s right shall extend to
Leesee's employees, passengers, patrons, and mvttees
2 Commercial Tract II (CTII)- Land development completion required by January 1, 1998
All that certain tract or parcel of land I~ng ~n the T Toby Survey, Abstract Number 1285, City of Denton,
Denton County, Texas, as shown In Exhibit A, and described as follows
COMMENCING atthe nodhwest corner of a tract of land as conveyed to the Nobles Company by deed
recorded in Volume 2798, Page 695, Real Property Records, of Denton County, Texas said point lying
~n the south line ofF M Road 1515,
THENCE north 88*33'43" west with the south line of said F M Road 1515 a distance of 265 14 feet,
THENCE north 01°50'3g" west along and near a fence on the east line of Tom Cole Road a distance
of 1000 00 feet,
THENCE south 88e09~1" west a ~'.~unce of 902 71 feet to a corner on the east I~ne an asphalt ta~iway,
THENCE north 12'25'00" west with the east line of sa~d tax, way a distance of 274 35 feet,
THENCE north 77~J5'00" east a distance of 340 00 feet to an iron pin at the point of beginning of the
herein described tract,
THENCE north 77e35'00" east a distance of 389 36 feet to a point for a comer,
THENCE south 17e42'13" east a distance of 115 49 feet to a point for a corner,
THENCE south 55e35'32" west a distance of 280 40 feet to an Iron pin for a comer,
4
THENCE south 77035'00" west a d~stance of 140 00 feet to an ~mn p~n for corner,
THENCE north 12°25'00" west a distance of 220 00 feet to the Point of Baginmng and conta~mng
73,737 45 square feet or 1 6928 acres of land
3 Commercial Tract II Development (CTII) Requirements
a (CTII)IS leased to Lessee for the purpose of future development by Lessee Upon
commencement of development of any property vathin (CTII), the property shall on, that date
be considered to be an addison to Commercial Tract I (CTI) and be subject to the same terms
and condl~ons as (CTI), Including but not hm~ed to, the same rental rate and adjustments, ~f
any, as if the added probe~y had been within (CTI) from the original date of execution of th~s
Lease The date of issuance of a building permit by Lessor for the ~mprovements shall be
considered the "commencement of development"
b if Lessee tails to commence development of at least thirty-six thousand e~lht hundred sixty
nine (36,869) square feet of (CTII) by January 1, 1996, that amount of property shall be
automatically cone4dered as an addibon to (CTI) on that date as ~f commencement of
development had begun on that property
c If Lessee fails to commence development of the remainder of the property within (CTII) by
January 1, 1998, that property shall be automatically be considered as an addaon to (CTI) on
that date as if commencement of development had begun on that property
D Uae of Commercial Land Prem~sas
Lessee is granted the non. exclusive privilege to engage m or prowde the following
1 Hangar Lease endRenta/' The rental or lease of hangars and hangar space and related tacileas
upon the leased premises
2 Office Space Lease or Rental The rental or lease of office space ~n or adjmn~ng Lessse's
hangars
3 Aircraft Storage and Tie-down To prow:la parlang, storage and be-down sennce, for both
Lessse's and Itinerant aircraft upon or within the leased premises
Lsssse, his tenants and sublssssse shall not be authortzed to conduct any sewices not specifically listed
~n this agreement The use of the lease premises of Lessee, h~s tenants or subleasses shall be limited to only
those private, commeraal, retail or industrial activffies having to do with or related to airports and awation No
pemon, business or cerporaiton may operate a commercial, retail or industrial bueiness upon the premises of
Lessee or upon the Airport wlthoot authorization from the Lessor ~n a wntten form approved by City Council
The City shall rsspond to the request for authorization within sixty (60) days of written notlifcetion Lessor's C~
Manager If authorization ls not received within the required mxty.day time period, authorization of the actbffy
w~ll be considered granted This granting of authorization does not relieve the Lessee or it sublassee,
successor, or assign of compliance with terms or conditions m this agreement
II PREMISE8 AND LEASEHOLD IMPROVEMENT8
A
For the purposes of this lease the term 'Premises" shall mean ail property located within the metes and bounds
descnbed above in 8eciton I, including Isesehold improvements consb'uoted by the Lessee, but not including
5
certain easements or property owned or controlled by the Lessor
B Improvement Raou,rements.
In making any improvements on the Premises, Lessee shall comply w~th the following
1 All requirements of the Lessor's Land Development Code, other then platt;ng requirements,
including but not hmO;ed to Lessor's Building, Fire, Electncal, and Plumbing Codes, and other
Cedes and ordinances applicebte to the ~mpmvements to be made, ~nclud~ng the payment of any
fees established by ordinance
2 Pl~or to commencing development, Lessee shall obtain the C~y Council's detarm~naflon that the
improvements conform to and are compatible wffh the overall s~ze, shape, color, quality, deagn,
appearance, and general plan of the program established by the Lessor's Master Plan for the
Airport
3 Any rules or regulations of the any Federal or State agency hawng junsdlCtion thereof
C Time for/m,,roval bv Council
The required determination by the City Council that the plans are compatible wffh the Master Plan for
the Airport shell be mede by the Council within s~xb/(60) days of proper submission of the plans to Lessor If
the Council falls to act within the s~¥ (60) days, the plans shall be deemed approved for the purposes of the
requirement of compatibility w~ the Master Plan, but shall not be deemed approved for any other reqmrement,
~ncludmg the requirement to comply with the Lessor's Land Development Code and other apphcable cedes
D I;~wnershi.~ of Imorovements.
Ail buildings and ~mprevements constructed upon the prem~ess by Lessee shall remain the pmberty of
Lessee unless said property becomes the property of Lessor under the fotlow~ng condtaons, terms and
provisions
1 ;~,~]]g]~L~;J~ No building or permanent fixture may be removed from the premises
without the written consent of the Lessor
2 Aesum43~on All buildings end improvements of whatever nature remaining upon the leased
premises at the end of the ~mary term, or any extenaon thereof, of this lease shall automatically
become the properly of Lessor absolutely m fee without any cost to Lessor
3 Bu//d/no ~ It ~s agreed that the hfs of the braiding to be constructed by Lessee on the property
herein leased is
a Thirty (30) years for Land A
b Twenty-five (25) years for Commercial Tracts I and II
4 ~ Should th~s lease be canceled for any reason before the end of the terms. ~ ~s
especially understood and agreed that Lessor reserves the right to purchase all buildings,
structures and Improvemen~ then ex]sting upon the premises by tendering to Lessee [one twenty-
fifth (1/25th) of property on Comme~al Tracts I and 11 and one-thirtieth (1/30) of property on Land
A] of the undepredatod value of such building for each year remaining on the agreed life of such
building The undepreciated value of all ~mprovements ~s to be determined by having such
improvements appraissd bythrse apprs~ssrs, one app~ntsd by Lessor, one appointed by Lessee
and one appointed bythe two eppra~ssrs, provided, however, the total value of such building plus
an ~ncresse In value not to exceed fifty percent (50%) of the original cost of such improvements
6
for each five (5) year rental adjustment period
III PAYMENT8
A Pavfltents - F;xed R==ad Operator Premises t Land A)
1 Fixed Base Operator Land Payment
Land Rental payments will be due on the 15th of each month The amount due currently ~s two-
hundred, eighty-five dollare and thirty-three cents ($285 33) Th~s amount will be adjusted
according to the land lease payment adjustments ;n Section IV If payments are dehnquent, they
will be penalized according to the Adjustments and Payment Terms criteria set forth In Sect]on
IV of th~s lease
2 Improvement Rental
None, aa there were no ~mprovements on the property harem leased at the beg~nmng of the
primary agreement
3 Hanger end Tie. Down Rental Fees
Ten (10%) percent of all hangar and tie-down rental fees coilectad by Lessee from customem
of Lessee each month dudng the term of this lease A certified statement concerning collection
of hangar and be-dorm space rentals will be subm~ed within 60 days of the end of the calendar
month or, in the event of termination, 60 days from the data of termination
4 Avtetion Fuel Fees
Fuel payments shall be based on fuel purchased by Lessee and the Lsssee's sublessees,
assigns, he~rs or successors It will include all fuel purchased from off-airport fuel vendors The
payment shall be based on the amount of four percent (4%) of net cost of fuel purchased Net
cost of fuel ix~rchassd is the =oat of fuel not including taxes on the purchase Lessee will provide
~nvolces on a monthly basis along with the payment to the Lessor An annual cerlffied copy of
purchases will be submitted within 60 days of the end of the calendar year or, ~n the event of
term;nation, within 60 days from the date of termination
B payments - commercial Land Rental (Commercial Tracts I & II)
1 Land Rental
The land rental for Commercial Tract I and required development land ~n Commercial Tract II ~s
currently at One-thousand, Thirteen Dollars ($1,013 00) Proper~ in Tract II will be added
according to the procedures set forth in this document as of 1998 Adjustments to the rate shall
be made in accordance with the Adjustments and Payment Terms, Section IV The payments
will be due as of the 15th of each month
2 Lessor Improvement Rentals
None, es there were no improvements upon the leased premises at the beginning of the primary
agreement
IV PAYMENT ADJUSTMENTS AND TERMS
A ~ It ~s expressly understood and agreed that the yearly rental for the land harem
leased shell be readjusted in five (5) year periods during the term of this lease, (the first such readjustment
occumng April 1, 1998), up or down, on the bes~s of the propor~on that the then current Un,ed States Cost of
LMng Index for the Dallas/Fort Worth, Texas Standard Metropol~an Statisacal Area, as compiled by the U S
Depertmertt of Labor, Bureau of Labor Sta~s~cs, bears to the June, 1980, index which was 256 4 (1967 = 100)
The adjusttnent shall be based on the annual cents per square feet based on the square footage for the F~xed
Base Operator Land ~A" and the Commemlal Tract I plus addeons required with development as stated in
Section I, Commemml Land Premises - Tract I & II, C, 3
Current Fixed Base Operator Land rental is at $ 0608 ($285 33 x 12 = $3,423 96 land rental per year /
56,300 square feat = $ 0608 par square foot) The Commem~ai Tract I is currently at $ 08558 ($1,013 / 12 =
$12,156 rental per year / 142,049 55 square feet = $ 08558 per square foot)
SCHEDULED ADJUSTMENTS Land rental adjustments vail be based on the month of March and put
into effect~se of the I st of April In the years of 1998, 2003, and 2008
B P_B3~' AIl peymenta, includlng land rental, and fees, wdl be due on the 15thofthe
month This payment will be for the p~lor month fees and the current month land rentals If payments ara not
received before or on the 15th, a 5% penalty will be due ss of the 16th if payments are not received by the first
of the subsequent month, an addl~onal penalty of 1% of the unpm:l rental/fee amount vail be due A 1% charge
will be added on the first of each subsequent month until unpaid rental/l'se payment ;s made Fadure to pay
the rent, fee, or e;ther monetary penalty amounts on delinquent rant or fees shall constitute an event of default
of th~s Lease
V LEASE TERM8
A The Fixed Base Oaerator Land The remaining term of this lease vail be for a term of fourtean
(14) years and four months, commencing on the 1st day of March, 1997, and ending on the thlrbeth (30th) of
June, 2011, unless sooner terminated se hereinafter sst forth Lessee shall have an option to renew th~s lease
at the tarminiation of this lease on the th~dlsth (30th) of June, 2011 at a renegotiated rental and terms mutually
agreed upon by the Lessor end Le~ea without regard for or considering the then cost of Ii. rig index Lessee's
election to ranegotiata this lease shall be In writing, addressed to the City Manager of the Cib/of Denton, and
shall be filed with Lessor's C~ Manager at least 180 days before the expiration of this agreement
B ~;gmmerctsl Land. Tract I end Tract it The remaining term of this lease will be for a term of
fourteen (14) years and four months, commencing on the 1 st day of March, 1997, and continuing through the
last day of June, 2011, unless earlier terminated under the prov~ona of the Agreement Lessee shall have
an option to renew this lease at the termlniatlon of th~s lease on the thirtieth (30th) of June, 2011 at a
ranegotiated rental and terms mutually agreed upon by the Lessor and Lessee vathout regard for or conmdenng
the then cost of IMng Index If Lessee elects to renew this Lease, Lessee shall hotly the CAy Manager, m
writing, at least one hundred eighty (180) days before the expiration of this agreement
V A881GNMENT OF LEASE
La~ea exp~ covenants that it will not assign thru lease, nor sublet the whole or any part of the se~
prem~sss,for any purpose, except for rental of hangar space or ite-down space, without the written consent of
Lessor, except that any parson, corpora~on or in~tu~on that lends money to Lessee for the constru~on of any
hangar, structure, building or improvement upon the leased prem~sse and retains a security interest ~n said
8
hangar, stmcturs, building or ~mprovement shell, upon default of Lessee's obhgation to sa;I mortgagee, have
the right tO enter upon said leased premlass and operate or manege said hanger, structure, building or
~mprovement according to the torrns of th~s agreement, for a period not to exceed the term of the mortgage w~th
Lessee, or until the loan is ps~:l ~n full, but ~n no event longer than the term of th~s lease Lessor agrees that
ff ~411 not unreasonably withhold ~s approval of the sale or sublease of the facil~]ee for a~rport related purposes
VI SUBROGATION OF MORTGAGE
Any person, corporation or ~nstitution that lends money to Lessee for constru~on of any hangar,
structure, building or improvement and retsina a sacunty interest in ssid hangar, structure, building or
~mprovement shall, upon default of Lessee's obligations to said mortgagee, have the nght to enter upon sa~d
leased premises and operate or menage said hangar, structure, building or ~mprovement according to the
terms of this Agreement, for a period not to exceed the term of the mortgage with Lessee, or until the loan ~s
paid m full, or such mortgagee shall have the right to remove any buildings or structures from the prem~see,
however, if such mortgagee ~s planning to remove any buildings, then they will notify Lessor ~n wnt~ng of such
~ntent to remove, and Lessor will have sixty (60) days from receipt of such no. ce to exemise an opbon to
purchase such buildings or structures under the provisions of Article II hereof
VII RIGHT OF EASEMENT
Lss~or shall have the right to establish easements, at no cost to Lessor, upon the Isaeed ground space
for the purpose of providing utility sauces to, from or across the a~rport propeAy However, any such
easements ahsll not interfere with Lessae'a uae of the "leased ground space" and Lessor shall restore the
property to its original cond~ion upon the installation of any utility ser~csa on, ~n, over or under any such
easement
VIII. CANCELLATION OF LEASE
In the event that Lessee shall file a voluntary petition In Bankruptcy or proceedings ~n
bankruptcy she# be ~nstituted against it and Lessee thereafter is adjudicated bankrupt pursuant to such
proceedings, or any court shall take jun~cllction of Lessee and ~s assets pursuant to proceedings brought
under the provisions of any Federal reorganization act, or Lessee shall be d~veeted of its estate herein
by other operation of law, or Lessee shall fall to perform, keep and observe any of the terms, covenants,
or conditions barren contained, or on its part to be performed, the Lessor may give Lessee wntton notice
to correct such condl#on or cure such default and. if any cond~on or default shall continue for thirty (30)
days after the recelp~ of such notice by Lessee, then Lessor may, terminate this lease by a thirty (30) days
written notice to Lessee In the event of default, Lessor has the right to purchase any or all structures
on the leased premises under the provisions of A~cle II hereof
B. ~lj[~Jal].Jab~.ll~
Lessee may cancel this Agreement, ~n whole or pert, and term~nats all or any of ~s
obligations hereunder at any time, by thirty (30) days wnden notice, upon or after the happening of any
one of the following events (1) Issuance by any court of competent ju~ed~-'tion of a permanent ~njunctton
in any way preventing or restraining the usa of said airport or any part thereof for airport purposes, (2)
any action of the CMl Aeronautics Board and/or Federal Awation Agency refusing to permit Lessee to
operate into, from or through said airport such a;rcreff as Lessee may reasonably desire to operate
thereon, the breach by Lessor of any of the covenants or agreements conts~ned herein and the failure
of Lessor to remedy such breach for a penod of thirty (30) days after receipt of a written notice of the
9
existence of such breach, (3) the ~nabd~ of Lessee to use smd premmes and facd~t~es cont~nmng for a
longer pennd then ninety (90) days due to any law or any order, rule or regulation of any appropnate
governmental authority having lurisdlcflon over the operations of Lessor or due to war, earthquake or
other casualty, or (4) the assumption dr recapture by the Un~ed States Government or any authonzed
agency thereof of the maintenance and operation of saki mrport and tacdees or any substantial part or
parts thereof
IX SPECIAL CONDITIONS
It m sspecally understood and agreed by and between Lessor and Lessee that this lease agreement ~s subject
to the following spac;al terms and conditions
A Nothing contained herein shall be cormtmed to grant or authonze the granting of an exclusive right
w~thln the meaning of Section 1349 of TItle 49, Un,ed States Code Annotated
B Lessor reeswes the right to further develop or ~mprove any pubhc parbng area, landing area, or
other porbon of the airport property without notice to Lessee
C During time of war or national emergency, declared by the Congress or the Praadent of the
Unltod States, Lessor reserves the right to alter, amend, or suspend this agreement upon demand of
milItary, or naval authoritms of the United States
D Lessee, its personal representative, successors ~n interest, and asagns, as a part of the
consideration hereof, does hereby covenant and agree as a covenant running with the land that
I no person on the grounds of race, color, or national odg~n shall be excluded from
participation in, denied the benefits of, or be othervaes subjected to dtscflm~nation in the
uae of said facilities,
2 that in the constru~on of any ~mprovements on, over, or under such land and the
furnishing of ssr~cse thereof, no person on the grounds of race, color or national ongm
shall be excluded from perticlpshon m, denied the benefits of, or othenvles be subjected
to discrimination,
3 that the Lessee shall use the premises ~n comphanco with all other requirements ~mpoesd
by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation,
Subtitle A, Office of the Secretary, Part 21, Nondiscnmination ~n Federalty-asasted
programs of the Department of Transportation-Effectuatmn of Title VI of the Civil Rights
Act of 1964, and aa said Regulations may be amended
That in the event of breach of any of the above nondiscnm;nation covenants, Lessor shall have the nght
to terminate the lease and to re-enter and repossess saki land and the facd~es thereon, and hold the same
as ~f ssKi lease had never been made or issued
E The Lessee essurss that it will undertake an affirmatwe adtion program as required by 14 CFR
Part 152, Subpert E, to insure that no person shall on the grounds of race, creed, color, national origin,
or sex be excluded from partlcipeting In any employment actMties covered in 14 CFR Part 152, Subport
E The Lessee assures that no person shall be excluded on these grounds from participating in or
receMng the ser~tcss or benefits of any program or activity covered by this subpart The Lessee assures
that It will require that Its oovered euporgenlzat~ons provide assurances to the Lessor that they s~mllady
will undertake affirmative action programs and that they will require assurances from their
suborganiz~one, as required by 14 CFR Part 152, Subpart E, to the same effect
10
F If Lsssor flas an act]on to enforce any covenant, term or cor~ieon of th~s leass, or for the recovery
of the possession of the leased area, or for breach of any covenant, term or cond~on of this lease, then
Lessee agrees to pay to Lessor reasonable attorneys fees for the sauces of Lessor's attorney ~n such
acbon as part of the costs incurred, such attorneys fees to set by the Court
G Lessors waiver or breach of one covenant or condif;on of th~s lease shall not be deemed a wan/er
of subsequent breaches of other prowaons, and Leseor's acceptance of rental payments shall not be
deemed a wan/er of any of the provisions of this lease
H Lessee shall be provided access to the property leased hereunder either through access "A" or
access "B", at Leseor's discretion, as shown on Exh;bit "A" attached hereto and ;ncorporated heran by
reference Lessor reserves the right to change Lesses's means of mgrass and egress from one
designated access to another at Lessor's opt]on
Jl~ Thst because ofthe present sedythoussnd (60,000) pound continuous
use weight besdng capacity of the runway and tax,ways of the Airport, Lessee here;n agrees to limit all
aerenauflcat aclMty including landing, takeoff and ta)~ing, to a~rcraff hawng an actual weight, including
the weight of its fuel, of sixty thousand (60,000) pounds or less, until such t]me that the runway and
das4gnatad tax, rays on the Airport have been ~mpmved to handle a~rcreff of such excass~ve weights It
;s f[lrtber agreed that, based on qualified eng~neenng studies, the we;ght resthctions and prowslons 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 Ac~vity" referred to ~n this clause shall include that
actlv~ of the Lessee or ~ agents or subcontractom, and ~s customers and invitess, but shall not fnclude
those a(~l whk=h it neither controls nor sollc~s, such as an unsoli~teq or unscheduled or emergency
landing Negligent disregard of the provisions of th~s section shall be sufficient to cause the ~mmed~ate
termination of this entire A~reement and subject the Lessee to be liable for any damages to the Airport
that might result
J Pj~' The nght to conduct aeronautical acCrUes for fum~shing esnnces
to the public is granted the leges subject to Lessee agraemg,
I To furnish said esnnces on a fair, equal and not unjustly dlscnm~natow baas to all users
thereof, and
2 To charge fair, reasonable and not unjustly d~scdmmatory prises for each und or asnnce,
provided, that the Lessee may be allowed to make reasonable and nondiscriminatory
discounts, rebates, or other similar types of pnce redu~ose to volume purchasers
K I~leht of Individuals to Maintoln Nrcraft It is clearly understood by the Lessee that no right or
pr~vitage has been granted which would operate to prevent any person, firm or corporation operating
a~rareff on the airport from performing any services on its own almraff with its own regular employees
(inc~luding, but not limited to, maintenance and raps;r) that it may choose to perform
I Lessor reserves the right to further develop or ~mprove the landing area of the airport as
It sees fit, regardless of the desires or views of the Lessee, and w~thout interference or
hindrance
2 Leseor shall be obligated to mantsin and keep ~n repar the landing area of the arport and
all publicly owned faclll~s of the a~rport, together with the right to direct and control all
ac~vlties of Lessee in th~s regard
3 During time of war or nabonsl emergency, Lessor shall have the nght to lease the landing
ares or any part thereof to the United States Government for m~l~ry or naval use, and, ~f
11
such lease Is executed, the prows~ons of th~s instrument insofar as they are ~ncons~stent
with the prowmons of the lease to the Government, shall be suspended
4 Lessor reserves the right to take any a~on rt considers necessary to protect the aenal
approaches of the airport against obstrucbon, together with the right to prevent Lessee
from ersciing, or permitting to be erected, any budding or other structure on or adjacent to
the mrport which, ~n the op~mon of the Lessor, would hmit the usefulness or safety of the
airport or constitute a hazard to mrcraft or to mrcraff nawgation
5 This Lease shall be subordtnste to the prows~ons of any e]asbng or future agreement
between Lessor and the United States or agency thereof, relatwe to the operst]on or
ma~ntanance of the Airport
X INSURANCE
A ~gJd[~LIDIgJ[~l Lessee, at its expense, shall maintain continuously ~n effect at all times
dunng the term of this agreement the following Insurance coverages
1 Comprehensive general liability covenng the leased pram~sss, the Lessee or ~s company, ~s
personnel, and its operations on the Airport
2 Aircraft liability to cover all flight oporabons of Lessee
3 Fire and extended coverage for replacement value for ail facil~es used by the Lessee eRher as
a part of this agreement or erected by the Lessee subsequent to th~s agreement
4 Liability insurance limits shall be in the following m~mmum amounts
Bodily Injury and Property Damage
One Mdlion Dollars ($1,000,000) combined angle ilm~s on a per occurrence bas~s
5 All policies shall name the C~ of Denton as an additional named msursd and prowde for a
minimum of thitty (30) days wflltsn notice to the City prior to the effectwe date of any cancellation
or lapse of such policy
6 All policies must be approved by the Lessor
7 The Lsssor shall be provided with a copy of all such policies within thlrb/(30) days of the s~gnmg
of this Agreement
Du~ing the o~glnal or extended term of this Lease, Lessor herein reserves the nght to adjust or ~ncresse
the habdlty insurance amounts required of the Lessee, and to require any additional rider, provisions, or
ceKaflcatss of Insurance, and Le'"'~,ee hereby agrees to prowde any such insurance requirements as may be
requIred by Lessor, provided however, that any requirements shall be commensurate w~th ~nsursnce
requirements st other publ~ use al~)oris similar to the Denton Munlcspal AJrport, in size and in scope of eviabon
activities, located In the southwestern region of the UnRed States Lessee herein agrees to comply w~h all
~ncreassd or adjusted insurance requirements that may be required by the Lessor throughout the original or
extendedlterm of this Lease, including types of insurance and monetary amounts or limits of insurance, and
to complYlwtth ss~l Insurance requlremenla within sixty (60) days following the r. ec~..i.pt of a. noit. c.e.~.n writing. ~om
Lessor stating the Incraessd or adjusted Insurance requirements Lessee snail nave me ngnt ~o mammm In
force both types of insurance and amounts of insurance which exceed Lsssor's minimum msursnce
requlrsments
12
In the event that 5'tale law should be amended to require add~onal types of ~nsurance and/or ~nsurance
amounts which exceed those of like or amilar public use airpo~ ~n the southwestern region of the Un~ed States
of Amerma, then in such event, Lessor shall have the right to require that Lessee maintain ~n force types of
~nsurance and/or amount of insurance as specified by State law
Failure of Lessee to comply with the mimmum specified amounts or types of insurance as required by
Lessor shall consatute Lessee's default of this Lease
B ~ Dunng all times that th,s lease is ,n effect, the partms agree that Lessee ,s
and shell be deemed to be an independent contractor and operator and not an agent or employee of
City w~th respect to Its acts or omissions hereunder For ail the purposes hereunder, Lessee ,s and
shall be deemed an Independent contractor and it is mutually agreed that nothing contained herein
shall be deemed or construed to constitute a partnerah,p or joint venture between the perrins hereto
Lessee agrees to indemnify and hold harmless the C~y and its agents, employees, and
representatlvss from and against all liability for any and all claims, sugs, demands, and/or actions
anatng from or based upon intentional or negligent acts or om,es,ohs on the part of Lessee, its agents,
representatives, employees, members, patrons, vtsltore, contractors and subcontractors (if any), and/or
sublessses, which may arise out of or rasuit from Lesnaa's occupancy or use of the premises and/or
act,vitios, conducted in connection with or incidental to this Lease Agreement Lessee shall also
indemnify City against any and all mechanic's and matenalmen's liens or any other types of lions
imposed upon the premises demised bereundar arising as a result of Lessss's conduct or activity
This Indemnity Provision extends to any and all such claims, suits, demands, and/or actions
regardless of the type of reliof 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. This Indemnity 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 conatitutlonal claims, or otherwiss Thla Indemnity Provis,on shall apply
whether the basis for the claim, suit, demand, and/or action may be attributable in whole or ,n pert to
the Lessee, or to any of its agents, representatives, employees, members, patrons, visitors, contractors
(if any), and/or subiaseeea or to anyone directly or indirectly employed by any of them
Further, City assumes no rusponaibillty or liability for harm, ,njury, or any damaging events which
ara directly or Indirectly attributable to premise defects or conditions which may now exist or which
may hereafter arise upon the praminas, any and all such defects being expressly waived by Lessee
Lessee underatanda and agrees that this Indemnity Provision shall apply to any and all claims, su~s,
demands, and/or actiana based upon or erioing from any such cle,m asserted by or on behalf of Lessee
or any of lira members, patrons, visitors, agents, employees, contractors and subcontrectora (if any),
and/or sublesssss
It ia expressly understood and agreed that the City shall not be liable or responsible for the
negligence of Lessee, its agents, nawanta, employees and customers Lessee further agrees that ~
shell at all times exercise reasonable precautions for the safety of and shell be solely responsible for
the safety of Its agents, raprenantatlves, employees, memhera, patrons, visitors, contractors and
subcontrectora (if any), and/or sub-bsnass, 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, 8tats and munic,pel safety laws, raguiatlons, and ordinances
PROVIDED FURTHER, that the Lessee and the Cdy each agree to give the other party prompt and
t,mely notice of any such claim mede or suit instituted which in any way, directly or indirectly,
contingently or othew~ina, affects or mlgM affect the Lessee or the City Lessee further agrees that this
Indemnity Provision shall be considered aa an additional remedy to City and not an exclusive remedy
13
Xl STANDARDS
Lessee shall meet or exceed the following standards
A Address. Lessee shall file with the City Manager's a;rport dss~gnss and keep current ~s mailing
add,sss, telephone number(s) and contacts where he can be reached ~n an emergency
B List Lessee shall file with the City Manager's a~rport des[Inee and keep current a list of ~s
tenants and sublessses
C Conduct' Lessees shall contractually require ~s employees and sublessess (and sublessse's
~nwtess) to abide by the terms of this agreement Lessee shall promptly enforce its contractual rights m
the event of a default of such covenants
D ~ Lessee shall meet all expenses and payments tn connection w~th
the use of the Premises and the rights and privileges herein granted, including the timely payment of
utilities, taxes, permit fees, license fees and assessments lawfully levied or assessed
E Laws-' Levee shall comply with all current and future federal, state and local laws, rules and
regula~ons which may apply to the conduct of bus,ness contemplated, ~ncluding rules, regulations and
ordihances promulgated by Lessor, and Lessee shall keep ~n effect and post ~n a prominent place all
necessa~/and/or required licenses or permits
F ~= La.ss shall be responsible for the maintenance, repair and upkeep
of all property, buildings, structures and improvements, including the mowing or elimination of grass and
other vageta~n on the Prembss, and shall keep ssld Premises neat, clean and ~n respectable condition,
free from any objectionable matter or thing
G Unauthorized Use of Premises Lessee may not use any of the leased land or premises for
the operation of a motel, hotel, restaurant, private club or bar, apartment house, or for industrial,
commercial or retail purposes, except as authorized heroin
H Dwellinas it is expressly undemtood and agreed that no permanent dwelling or domicile may
be built, moved to or established on or within the leassd premises nor may the Lessee, his tenants,
~nvitess, or guests be permitted to reside or remain as a resKtant on or within the leased premises or
other airport premises
~.~: Lessee agrees to properly store, collect and dispose of all chemicals and chemical
residues, to properly store, contine, collect and dispose of all paint, including paint spray ~n the
almoaphere, and paint products, and to comply with all Local, State and Federal regulations governing
thelstorage, handling or disposal of such chemicals and paints
J ~lens: During the term of this Agreement, Lsssee shall have the right, at ~s own expense, to
pla~e in or on the lease Premises signs Klentifying lessee Said mgne shall be of a s~ze, shape and
design and at s location or ocetlons, approved by the Lessor and in conformance with any overall
directional graphics or sign program estab mhed by Lessor on the Airport Lessor's approval shall not
be withheld unreasonably Said signs shall be maIntained ~n good repair throughout the term of th~s
agreement. Notwithstanding any other provtston of this agreement, said signs shall remain the property
of Lessee Lessee shall remove, at its expense, all lettering, mi]ce and placards so erected on the
premises at the expiration of the term of th~s Agreement or extensions thereof
14
Xll COVENANTS BY LESSOR
Lessor hereby agrees as follows
A To provide and pay for the installation and monthly electric~/required for security I~lhbng at the
alrpert which Lessor requires to be installed under any safety or fire regulations, or as may be required
by Lessor,
B To ma~ntmn the airport in an acceptable condison for general awation scarves on sa,:l mrport,
C Lessor covenants and agrees not to enter ~nto any subsequent lease, contract, or agreement with
any other person, firm or corporation for the operet]on of a fixed base general awat~on operaaon or
business similar to Lesese's bumnsss on the airport containing more favorable terms than this agreement
or not accorded to Lessee hereunder unless the same rights, pnvtlegss and concessions are
concurrently and automatically made available to Lessee
D That on payment of the rent, fees, and performance of the covenants and agreements on the part
of Lessee to be performed hereunder, Lessee shall peaceably hold and enjoy the leased premises and
all the rights and prn~leges here;n granted
E Lessor warrants and mpressnta that m the establishment, constru~on and operation of the smd
Denton Municipal .Nrport, that Lessor has heretofore and at th~s time ~s complying with all ex~s~ng rules,
regulations, and criteria da~ibutad bythe Federal Awabon Agency, Civil Aeronautics Board, or any other
governmental authority relating to and ~ncluding, but not limited to, noise abatement, mr nghts and
easements over adjoining and corfltguous areas, over-ffight ~n landing or take-off, to the end that Lessee
w~ll, not be legally liable for any action of trespass or s~m~lar cause of action by virtue of any senal
operations over adJmnlng property in the course of normal take-off and landing procedures from saKI
Denton Mun=lpal Airport, Lessor f~rther warrants and represents that at all times dunng the term hereof,
or any renewal or extension of the same, that it will conl~nue to comply with the foregoing
Xlll COVENANT8 BY LESSEE
Lessee hereby agrees as follows
A To tndemmfy and hold harmless the Lessor from and against all loss and damages, including
death, personal injury, loss of property or other damages, arimng or rseuisng from the oparetmn of
Lsssee'a business In and upon the leased premises
B Not to make or suffer any waste to be made of the premises and will keep said premises neat,
clean and rsepactable condition, free from objectionable matter or th,ng
C To observe and comply with all current and future laws and ordinances and all regulations of
federal, state, county or city airport authorities or agencies having judediction over the conduct of
operations at the airport
D To keep adequate records of Income and e~pensss and make such records reasonably available,
upon request, to the Dlreotor of Fmancs of the C~y of Denton, Texas
E Lessee will quit posssselon of all premises leased herein st the end of the primary term of th~s
lease or any renewal or extension thereof, and deliver up the premmes to Lessor In as good condison
as existed when possssaon was taken by Lessee, reasonable wear and tear excepted
15
F Lessee shall, at ~s expense, procure all I~censes, certificates, perm., or other authonzation from
any and all governmental autho~se, ~f any, hawng jurisdiction over the operations of Lessee
XIV MI8CELLANEOU$ PROVISION8
A Utilities Lessee shall prowde all utilities for the premises leased to Lessee at its own cost and
expense Utilities shall also include any security I~ghting required by Lessee for the convemence
of customers of Lessee Lessee shall have the nght to connect to the a~rport water I~ne now
exl~ng and to connect to any future utll~y lines at Lessee's expense
B ~ This Agreement constitutes the entire understanding, between the parties
and as of~ e~ date supemedas all pnor or ~ndependent Agreements between the partlse covenng
the subject matter hereof Any change or modification hereof shstl be In wnt]ng signed by both
parties
C ~ All the covenants, stipulations and agreements herein shall extend to, b~nd and
inure to the benefit of the legal representatives, successors and assigns of the respective parties hereto
D 8everabllitv. If a provision hereof shall be finally declared void or ~llegal by any court or
administrative agency having Jurisdl~on, the entire Agreement shall not be void, but the remaining
provisions shall continue in effect aa nearly as posmble ~n accordance with the o~Iglnal ~ntant of the
parties
E Notice. Any n~ce given by one party to the other ~n connection with th~s Agreement shall be in
writing and shall be sent by registered mail, return receipt requested, with postage and registration fees
prepaid
I If to Lessor, addre~ed to
City Manager
City of Denton
Denton, Texas 76201
2 If to Lessee, addressed to
Mr F D Stflckler
Fox-51 Umltad
Route 1, Box 102
Denton, Texas 76201
Noficas shell be deemed to have been received on the date of receipt as shown on the return receipt
F Headl~ The headings used in this Agreement are ~ntended for convenience of reference only
and do not define or limit the scope
G. ~ This agreement is to be construed ~n accordance with the laws of the State of
Texas
16
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written
CITY OF DENTON, LESSOR
BY ~
TED BENAVIDES, CITY MANAGER
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
FOX-51 LIMITED, LESSEE
FRANK D STRICKLER
TITLE
THE STATE OF TEXAS §
COUNTY OF DENTON §
This Instrument was acknowledged before me on t~a'~<~'day of ~.~,.~, 1997 by Frank
D Strlckler
N~I*ARYPUBLIC, STATE OF TEXAS
My Comm.lon Expires ~--~' ~'~'/' ~;~ ~
ORDINANCE NO. q 7-/,3 oK
AN ORDINANCE AUTHORIZING THE CITY MANGER TO EXECUTE AN AIRPORT
LEASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND EZELL
AVIATION INCORPORATED FOR APPROXIMATELY 8.2 ACRES OF PROPERTY
LOCATED AT THE DENTON MUNICIPAL AIRPORT, WHICH PREEMPTS THE
LEASE ASSIGNED PER RESOLUTION NO. 97-020 TO EZELL AVIATION, INC.
FROM FOX-$I LIMITED; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I That the City Manager is authonzed to execute an airport lease agreement
between the City of Denton, Texas for approximately 8 2 acres of land located at the Denton
Municipal Airport, under the terms and conditions contmned within this agreement, which is
attached hereto and made a part hereof
~.,~.!.Q.,N__~. The lease assignment per Resolution No 9%020 to Ezell Awation, Inc
from Fox-$1 Limited is hereby preempted
SEC~ON ~I That this ordinance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED this the bf.` day of ~ ,
1997
ATTEST
JENNIFER WALTERS, ~ITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
AIRPORT LEASE AGREEMENT
COMMERCIA~FBO
WHEREAS, the City of Denton, Texas as Lessor and Ezell Aviation, Incorporated, as Lessee desire
to enter into an airport lease agreement which amends the terms and conditions of the lease approved by
Ordinance No 97-120 between the City of Denton end Fox-51 L~m~ted which was assigned by the Lessor on
April 15, 1997 per Resolution NO 97-020 to Ezell Awat~on, Inc NOW THEREFORE
Th~s lease and agreement is made end entered miD this.~.~day of ~ , 1997, but effecbve
May 1, 1997, by and between the City of Denton, a Mumc~pal Corporation, situeted(~11 Denton County Texas
hereinafter callad "Lessor', and Ezel Aviation, Incorporated, a corporation of the Rtata of Texas located at
Stephens County Airport, Post Office Box 1793, Brackenddge, Texas, and whose registered agent is Nelson
EzslI, located at Stephens County Airport, Post Office Box 1793, Brackenddge, Texas, hera~nafter referred
to aa "Lessee '
In consideration of the premises and the mutual covenants the pa~es agree that the land to be leased ~s the
folloWing described land situated in Denton County, Texas
I, PREMISES AND USE
A. Fixed Base Ooerator Premlml
TRACT "A"
A 100 x 200 foot tract of land being approximately 20 000 square feet and a 165 x 220 foot
tract of land, being approximately 36,300 square feet, hawng a combined area of approximately
56,300 square feet or 1 29 acres, described as follows
COMMENCING at the northwest corner of a tract of land as conveyed to P F Breen by deed
recorded in Volume 127, Page 185 of the Dead Records of Denton County, Texas sa~d point
lying ~n 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 wast perpendicular to said dght of way hne of FM 1515 a distance of 870 feet more
or lees, te'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 tax,way a d~stance
of 10 feet to e point for · comer;,
THENCE north 75~g'19" east perpendicular to smd east edge of pavement a distance of 175
feet to the point of beginning,
THENCE north 13)50'41" west 175 feet east of and parallel to ce~d east edge of pavement a
distance of 220 feet to a point for a corner,
TFIENCE north 76"09'19" east berpend~cular to sa~d east edge of pavement a d~stance of 5 feet
to a point for a comer,
THENCE_north 13"50'41" west 180 feet east of and parallel to said east edge of pavement a
distance of 200 feet for a point for a comer,
THENCE north 76o09'19. east perpendicular to sa~d east edge of pavement a distance of 100
feet to a point for corner,
THENCE south 13o50'41" east 280 feet east of and parallel to sa~d east edge of pavement a
distance of 200 feet to a point for a comer,
THENCE north 76~09'19" east perpendicular to sa~l east edge of pavement a d~stance of 60 feet
to a point for a comer,
THENCE south 13"50'41" east 340 feet east of and parallel to sa;d east edge of pavement a
distance of 220 feet to a point for a corner,
THENCE south 78"09'19" west perpendicular to sa~d east edge of pavement a distance ot 165
feet to the place of beginning and containing 56.300 square feet of land, more or les~, as shown
on Exhibit "A", attached hereto and ~nsorporeted herein by reference
PLUS, TRACT "B"
All that certain tract or parcel of land lying ~n the T Toby Survey, Abstract Number 1285, C~{y of
Denton, Denton County, Texas, as shown ~n Exhibit B (Tract "B'), and described as follows
COMMENCING at the northwest comer of a tract of land aa conveyed to the Nobles Company
by deed recorded In Volume 2798, Page 695, Real Property Records, of Denton County. Texas
said point lying in the south line of F M Road 1515,
THENCE north 88o33'43" west w~th the south I~ns of sa~d F M Road 1515 a d~stance of 265 14
feet,
THENCE north 01°50'3g" west along and near a fence on the east I~ne of Tom Cole Road a
d~atanca of 1000 00 feet,
THENCE south 88"09'21" west a distance of 902 71 feet to a comer on the east I~na an asphalt
taxiway,
THENCE north 12~5'00" west with the east line of said tax,way a distance of 274 35 feet
THENCE ~rth 77"35'00" east a distance of 340 00 feet to an ~ron p~n set for southwest corner
of a tract of land de.bed aa prope~h/A ~n Resolution No R91-O52, 8-20-1991. City of Denton
Denton County Texas end the point of beginning of the heretn described tract,
THENCE north 77"35'00" east a d~stance of 389 60 feet to e potnt for a comer,
THENCE south 17"35'52" east a distance of 115 49 feet to an ~ron pin found at the southeast
comer of a tract of land described as property B in Resolution No R91-052, 8-20-1991 C~ty of
Denton, Denton County Texas and the point of beginning of the herein described tract,
EZELL AVIATION. INC LEASE AGREEMENT - PAGE 2
THENCE south 55035'52" west a distance of 280 53 feet to an iron p~n for a corner
THENCE_ south 77~36'29" west a d~stance of 139 91 feet to an iron p~n for comer,
THENCE north 12~25'00" west a dmtance of 220 01 feet to the Po~nt of Beginning and conta,nmg
73,766 18 square feet or I 6934 acres of land
PLUS, TRACT "C"
All that certain tract or parcel of land lying in the T Toby Sun. ay. Abstract Number 1285 C~ty of
Denton, Denton County, Texas, as shown in Exhibit B (Tract 'C"), and described as follows
COMMENCING at the Northwest comer of a Tract of Land as conveyed to the Nobles Company
by deed recorded In Volume 2798, page 695 Real Prol0erty Records of Denton County Texas
said point lying in the south line of F M Road 1515,
THENCE, north 88°33"43 seconds west w~th the south line of sa~d F M Road
1516 a distance of 266 14 feet,
THENCE, north 01'50' 39" west along and near a fence on the east hne of Tom Cole Road
a distance of 1000 0 feet;,
THENCE. south 88'09'21" west a d~stanca of 902 71 feet to a comer on the east I~ne of an
asphalt taxiway,
THENCE, north 12'25'00" west with the east I~ne of sa;d taxn~ay a distance of 274 35 feet
THENCE, north 77'35'00" east a distance of 340 00 feet to an ~ron p~n at the northwest corner
of a tract of land described es property B ~n Resolution No R-91-052 C~ty of Denton Denton
County, Texas,
THENCE, south 12'25'00" east, w~th the west I~ne of said 1 6928 acre tract a clearance of 222 00
feet to an iron pin found at the southwest corner of sa~d 1 6928 acre tract and the poet of
beginning of the herein described tract,
THENCE, south 77'degrees 44'34" west a distance of 154 52 feet to an ~ron p~n
set for the northwest comer of the here~n deacnbed tract,
THENCE, south 12'25'00" east a distance 200 00 feet to an ~ron p~n set for the southwest corner
of the herei~ described tract,
THENCB~. north 77'36'29" east a distance of 530 00 feet to an tron pin set for the southeast
comer of the herein de~..ribed tract,
THENCE, north 07'4g'05" west a distance of 306 14 feet to an iron pin found at the southeast
comer of said 1 6928 a~.re tract a distance of 280 54 feet to a found pin,
THENCE, south 55'35'29" west with the south line of sa~d 1 6928 acre tract a distance of 280 54
feet to a found iron p,n,
THENCE, south 77'38'29 seconds west w,th said south line a distance of 139' 90 feet to the po,nt
of beginn[ng and containing 120,841 858 square feet, or 2 7741 acres of land
EZELL AVIATION, INC LEASE AGREEMENT - PAGE 3
'['he Fixed Base Operator tract, as descnbed in Section I A, w~ll comprise of a total
of 250,908 038 square feet or approximately 5 7569 acres
Together with the right of ~ngress and egress to the property, ~n common w~th others so
authorized, of peasege upon the Ai~ort property generally, subject to reasonable regulations
of Lessor This right shall extend to Lessee's employees, passengers, patrons, and ~nwtees
B Use of Fixed Baaed Onemtar Pmmta~
Lesacr does hereby demise and let unto the Lessee, and Lessee does hereby lease and take from the
Lessor, the land and fac~hties herein described, and the rights, I~censes and pnwlegac in connectton
with the use of such property and ~mprovemeots as follows
1 The use, in common with others authorized so to do, of se~d airport end ell appurtenances,
facilities, improvemont~, equipment and sew=es wh~,h have been or may hereafter be prowded
thereat.
2 The operation of a tranapertatton system by a~roraff, the repairing, ma~nta~n,ng, condttion~ng,
se~ic~ng, parking or storage of aircraft or other equipment, the tra~mng of personnel and the
testing of aircraft and other equ~pmont, the sale, d~sposal or exchange of a,roraff engines,
acsessortes, and related equipment, the servicing by Lessee of a~rcrsft and other airport related
equipment, including the right to install and maintain on said a~rport adequate storage facilities,
and appurtenances, including dght of way necessary therefor;, the landing, taking off, perking,
loading, and unloading of aircraft and other equipment, the nght to load and unload persons
properly and mail at said airport, by such means as Lessee may desire w~th the r~ght to
designate the cartiere who shall transport Lessee's passengers and their baggage to and from
the a~rport, and, also, the further right to designate the carriers who shall translx)rt Lessee s
a~rborne fraught, ~f any, to and fi'om the sa~l a~rbort the dght to ~nstall and operate advertising
s~gns, the general tybe and design of such s~gns to be reasonable and appropriate, the conduct
of any other aviation related business or operations reasonably nacessa~/ to the proper
necessary and appropriate conduct and operation by Lessee of ~ts bus,ness, and w~thout m any
way I~mitlng the foregoing, Lessee speo~flcally agrees that, ~f Lessee elects to engage ~n or
provide any of the above services on the premises hers~n leased, Lessee w~ll
a Provide se~toe tO the public on a non-diacnm~natcry bests,
b Conduct and operate its business and management ~n a courteous and efficient manner
¢ If Lesese provides tie-down sea,Joe Lessee w~ll prowde tie-down sefvica to overnight or
other transient aircraft or a~rorsft rema~mng at the a~f'bort for twenty-four (24) hours or less,
d If Las'~ee provides aircraft fuel sea,cas, Lessee w~ll make available e~ther by tank truck
sta~nary pump or other suitable dispeos~ng equipment approved by the F~re Marshall of the
City of Denton, the quality of gasoline and other petroleum distillates normally found at s~m~lar
airports, and all storage tanks for gasoline and other awation fuels shall be placed
underground ~n accoffianoe w~th the prows~ona of the Rra Code of the C~ty of Denton for
underground flammable I~qu~d storage tanks
e Lesese may not use any of the leased land or premises for the operation of, a motel hotel
pnveta club or I~er, apartment house, or for ~ndus~al, commercial or retail purposes except
as authorized berets, without the expressed written consent of Lessor
EZELL AVIATION, INC LEASE AGREEMENT - PAGE 4
~ [.essee shall have the non-excluswe nght to construct and operate a restaurant on the leased
premises dudng reasonable hOurs as agreed to hy Lessee and Lessor
g Lessee shall install, maintain, and operate proper radio and metecrologm..al equipment to man
(monitor and respond) the Airport Unicom frequency 122 7 Lessee w~ll operate the Umcom
dunng normal Airport oberating hours, Monday through Fnday, 8 00 A M to 5 00 PM
Lessee will have the non-exclusive nght to conduct Unicom operations on the above
~dent~fled frequency
3 Lessee is hereby authorized to construct upon the land herein leased, at ~ts own cost and
expense, buildings, hangars, and structures, including fuel storage tanks or other equipment
that Lessor and Lessee mutually agree are necessary for use ~n connection w~th the operations
authorized by this lease, provided, however, before commencing the construction of any
~mprovemants upon the premises, Lessee shall submit
a all plans and specifications show~ng the location upon the pram;sos of the proposed
construction, and
b the estimated cost of such construction
No construction may commence until Lessor, acting by ~ts C~ty Counctl, has approved the plans
and specifications and the location of the ~mprovements, the estimated costs of such construction and
the agreed estimated life of the building or structure Documentary ewdence of the actual cost of
construction shall be delivered by Lessee to Leesor's C,ty Manager from time to t~me as such costs are
paid by Lessee, and Leesor*s City Manager ~s hereby authorized to endorse upon a copy of th~s lease
filed with the City Secretary of Lessor such actual amounts as he shall have found to have been pa~d
by Lessee, and the findings of said City Manager when endoraeq by him upon sa~l contract shall be
conclusive upon all parties for all purposes of th;s agreement
C ~ommerelel Lend Premise
TRACT "D"
1 Commercial Tract "D" - Developod Land subject to Lease Payments
All that tract or parcel of land lying in the T Toby Survey Abstract Number 1285, City of Denton,
Oenton County, Texas, as shown ~n Exhibit C (Tract ~A"), and dasonbed as follows
COMMENCING at the northwest comer of a tract of land as conveyed to the Nobles Coral)any
by deed re~effied In Volume 2798 Page 695, Real Property Records of Denton County Texas
said point lying in the south line of F M 1515,
THENCE north 88'33'45" wast w~th the south I~ne of said F M 1515 a d~stance of 265 14 feet
THENCE north 01"50':~g" west along and near a fence on the east line of Tom Cole Road a
distance of 1000 00 feet,
THENCE south 86~09'21" west a d~stance of 902 71 feet to a corner on the east I~ne an asphalt
taxiway,
THENCE north 12°25'00" west w~th the east line of said tax,way a distance of 274 35 feet,
EZELL AVIATION, INC LEASE AGREEMENT - PAGE 5
TI~ENCE north 77"35'00" east a distance of 280 00 feet to an iron pin sst for southwest corner
of a tract of lend de~cnbeq as property A ~n Re~olution No R91-052,8-20-1991, C~ty of Denton
Denton County Texas and the bo~nt of beginning of the hera~n descnbeq tract,
THENCE north 12~25'00" west a distance of 240 00 feet to a point for a comer;,
THENCE north 77o35'00'' east a distance of 427 15 feet to a point for a corner'
THENCE south 17')35'52" east a distance of 240 98 feet to a point for a comer,
THENCE south 77"35'00" west El distance of 448 93 feet to the Point of Beginning and conta~mng
105,131 154 square feet or 2 4135 acres of land
Together with the right of ingress and egress to the property, ~n common w~th others so
authorized, of passage upen the Airport property generally, subject to reasonable regulations of Lessor
This dght shall extend to Leesee's employees, passengers, patrons, and ~nwtaee
D. Uae of Commemtal Land Premises (Tract "D"t
Levee is granted the non-exclusive pdwlege to engage in or provide the following
1 Hangar Lease ancl Rental The rental or lease of hangars and hangar space and related
facilities upon the leased premises
2 Office Space Lease or Rental The rental or lease of office space ~n or adjo~mng Lessee's
hangars
3 Aircraft Storage and T/e.down To provide parking, storage and tie-down service, for both
Lessee'a and ~tinerant aircraft upon or w~th~n the leased premises
Lessee, his tenants and subleases shall not be authorized to conduct any sen~ces not
spec~f'~cally listed in this agreement. The use of the lease premises of Lessee, h~s tenants or subleases
shall be I~mlteq to only those private, commercial, retail or industrial ecflwtlee hawng to do w~th or
related to a~rporta and aviation No person business or corporation may operate a commercial reta,I
or ~ndustriel buaineu upon the premises of Lessee or upon the Airport without authorization from the
Lessor in a written form approved by City Council The City shall respond to the request for
authorization within sixty (80) days of written notification to Lessor'e City Manager If authorization ~s
not received within the required sixty-day time period, authorization of the ectlwty w~ll be considered
granted This granting of authorization does not relieve the Lessee or ~t subleases successor or
assign of complla~(:~ with terms or conditions ~n this agreement
II PI~EMISES AND LEASEHOLD IMPI~OVEMENTS
A.
For the purposes of this lease the term *Premises' shall mean all property located w~th~n the
metes end bounds de~..ribeq above ~n Section I ~ncluding Isesehold improvements constructed by the
Lessee, but not including certain easements or property owned or controlled by the Lessor
EZELL AVIATION, lNG LEASE AGREEMENT - PAGE 6
B. In~nl~vement
In making any improvements on the Pram~ses, Lessee shell comply wKh the following
I All requirements of the Leseor's Land Development Code, other than platting requlraments
~ncludlng but not limited to Lessor's Building, F~re, Eleotncal and Plumbing Codes and other
Codes and ordinances applicable to the ~mprovements to be made, ~ncluding the payment of any
fees established by ordinance
2 Prior to commencing development. Lessee shall obtain the City Councd's determ~nation that the
~mprovements conform to and ara compatible w~th the overall s~ze, shape, color, quality, design,
appearance, and general plan of the program estsbl~sheq by the Leseor's Master Plan for the
Airport
3 Any rules or regulations of the any Federal or State agency hawng jurisdiction thereof
4 Construction of drainage ~mprovements, aa required by C~¥s subo~vis~on rules and regulations,
located at boundary between FaO Tracts "B" end "C" to be completed ,June 1, 1998
5 The construction of an addition to the ex~sting FBO facility of approximately 7,000 square feet
to be completed June 1, 1998
$ Construction of a new hangar of approximately 44,000 square feet to be completed June 1,
1998
7 The City of Denton agrees to pay ten (10) percent of construction costs of the drainage
~mprovements which are described'~n paragraph 4 above These costs w~ll not be eligible for
payment until they have been reviewed and found to be accurate and reasonable by the C~ty of
Denton Engineering Oepertment Such costs w~ll not be paid until completion of ~mprovements
I~sted in 4, 5, and 6 above The ten (10) percent credit w~ll be refunded ~n twelve monthly
~ncrements by reduction of the monthly lend lease payments to beg~n the first month a~ter
completion of 4, 5, and 6 above
C Time for Ae,,mvel bv caun~ll,
The required determination by the City Council that the plane are compet~ble w~th the Master
Plan for the Airport shall be mede by the Council within s~xty (60) days of proper submission of the
plans to Lessor If the Council fails to act w~thin the s~xty ($0) days, the plans shall be deemed
approved for the purposes of the requirement of compatibility with the Master Plan, but shall not be
deemed approved'l~r any other requirement, including the requirement to comply w~th the Lessor's
Lend Development Code and other applicable codes
D, Qwnemhln of I~tarevement~.~
Ail buildings and improvements constructed upon the premises by Lessee shall remeEn the
property of Lessee unless said property becomes the property of Lessor under the following conditions
terms and provisions
1 ]~(.g,~ No building or permanent fixture may be removed from the premises
w~thout the wntten consent of the Lessor
EZELL AVIATION INC LEASE AGREEMENT - PAGE 7
2 ~ All buildings and ~mprovements of whatever nature remaining upon the leased
premises at the end of the pnmary term, or any extsns~on thereof, of th~s lease shall
automatically become the property of Lessor absolutely ~n fee w~thout any cost to Lessor
3 ~ It ia agreed that the I~fe of the building to be constructed by Lessee on ~he pm~
herein leased is
a Thirty (30) years for existing FSO and commercial tract ~mprovements
b Forty-five (46) years for new ~mprovemente to be constructed on FaO Tracts A B and C
4 ~ Should this lease be canceled for any reason before the end of the terms ~t ~$
especially understood and agreed that Lessor reserves the right to pumhaee all buildings
structures and Improvements then ex~sting upon the premises by tendertng to Lessee [one
th~rttath (1/30th) of property on Commem~al Tract D, one forty-fifth (1/45) for the new
~mprovements constru¢ted on FBO Tracts A, B, and C, and one-thirtieth (1/30) of the ex~st~ng
~mprovements in FaO Tract A of the undeprec~ated value of such building for each year
remaining on the agreed life of such building The undepreciatsd value of all improvements ~s
to be determined by having such ~mprovements appraised by three appraisers, one appointed
by Lessor, one appointed by Lessee and one appointed by the two appraisers, prowded
however, the total value of such building plus an mcreese;n value not to exceed fifty percent
(50%) of the original coat of such ~mprovements
III PAYMENT8
A. Pevment~. Fixed Baaed Onamter Premises
1 Fixed Base Operator Land Psymt~nt
Land Rental payments shall be due and payable ~n twelve (12) equal monthly ~nstallments ~n
advenca, on or before the 15th of each month Annual rental payments w~ll be based on the
following formulae, calculated on the bas~s of mimmum yearly rentals adjusted for ~nflat~on as per
Section IV
a ~ S0 061 per square foot m~n~mum yearly rental (S0 061 x 250 908 038
= S15,305 40 land rental per year I 12 = S1 275 45 land rental ~)er month ) Land rental w~ll
be adjusted in two (2) five-(5) year penods (the first Such readjustment occumng May 1
2002, the Second at May I, 2007 and annually thereafter par Section IV of th~s lease unt;I
May 1, 2019
b ~ The current lease rate w~ll be ~ncreased I~y a sum of S0 05 per
square fc~c~ minimum yeeffy rental, and adjusted annually thereafter per Section IV A of th~s
lease until April 30, 2027
2 Hangar and Tie-Down Rental Fees
Ten (10%) percent of all hangar and tie-down rental fees collected by Lessee from customers
of Lessee each month during the term of this lease An annual certified statement concermng
collection of hangar and tie-down space rentals w~ll be submKtad w~thin 50 days of the end of the
calendar year or, ~n the event of termination, 60 days from the date of tarm;nat~on
3 Awatlon Fuel Fees
Fuel payments shall be based on fuel purchased by Lessee and the Lessee s subleases
assigns, heirs or successors It w~ll ~nclude all fuel purchased from off-a~rport fuel vendors The
EZELL AVIATION, INC LEASE AGREEMENT - PAGE 8
payment shell be based on the amount of four percent (4%) of net cost of fuel purchased Net
cost of fuel purchased is the cost of fuel not including texas on the purchase Lessee will provide
invoices on s monthly basis along with the payment to the Lessor An annual certified copy of
purchs~s will be submitted within 60 days of the end of the calender year or, ~n ~he event of
termination, within 60 days from the date of termination
B. Payment.. Cammemlal Land Renal
1 Land Rental
Land Rental payments for Commercial Tract "D" shall be due and payable ~n twelve (12) equal
monthly Installments ~n advance, on or before the 15th of sech month Annual rental payments
w~ll be based, and adjusted, on the following formulae
· -~¢~J~-=-~,J~ $0 08558 per square foot mlmmum yserfy rental ($0 08558 x
105,131 154 = $8,997 12 land rental per year/12 = $749 76 land rental per month ) Land
rental will be adjusted In two (2) five-(5) year periods (the first such readjustment oocurnng
May 1, 2002, the second at May 1, 2007 ) Commercial Land w~ll be readjusted per Sectmn
IV of this Leace
b ~ $0 15 per square foot m~nlmum yserly rental for land deacnbed
as Commercial Tract "D" on Exhibit "C' Commem;al Land w~ll be readjusted annually
per Section IV of this Lease
IV PAYMENT ADJUSTMENTS AND TERM8
A AdJuetment~: It ~s expressly understood and agreed that the yearly rental for the land harem
leased shell be reedjustad, up or down, on the basis of the proportion that the then current Umted
States Cost of Living Index (CPI-U) for the Dallac/Fort Worth, Texas Standard Metropolitan Statistical
Area, as compiled by the U S Department of Labor, Bureau of Labor Statistics, beers to the January
1997, adex which was 150 (1982-84 = 100) Each rental adjustment, ~f any, shall occur on the 1st day
of May, with respect to the adjustments defined ~n Section lit The edjualments shall be based on the
annual cents per square feet based on the square footage for the F~xed Base Operator and the
Commercial Tract
The adjustments ~n the yserty rent shell be detarmmed by muitiplymg the mm~mum rent as set forth ~n
section in Section III by · fraotlon, the numerator of which ~s the adex number for the last avmlable
month prior to the adjustment, and the denommator of which is the adex number for January 1997
which was 150- ( ~2-84 - 100) if the product of th~s multiplication ~s greeter then the mmlmum yearly
rent es set forth tn Section III, Lessee shall pay this greater amount as the yearly rent until the t~me
of the next rental adjustment a~ celled for in th~s section If the product of th~s multiplication ~s less than
the minimum yearly rent of se set forth m Section lit, there shall be no adjustment m the annual rent
at that time, and Lessee shall pay the mmimum yearly rent as set forth in Section III The adjustment
shall be limited so that the annual rental payment determined for any given year shall not exceed the
annual rental calculated for the previous year by more than ten percent (10%)
If the consumer price index for all urban consumers (CPI-U) for the Dallas. Fort Worth geographical
region, aa compiled by the U S Department of Labor, Bureau of Labor Statmttcs, ~s discontinued dunng
the term of this lease, the remaining rental adjustments celled for ~n ~ls section shall be made usmg
the formula set forth ~n Section III of this lease, but suPal~tuting the index numbers for the Consumer
Price Index.$seacnally Adjusted U $ City Average For All Items For All Urban Consumers (CPI-U) for
the index numbers for the CPI-U applicable to the Dallas-Fort Worth geographical region If both the
EZELL AVIATION INC LEASE AGREEMENT - PAGE 9
CPI*U for ti3e Dallas-Fort Worth geographical region and the U S C~ty Average ara d~scontinued dunng
the term of this lease, the remaining rental adjustments called for ~n th~s section shall be made using
the statie~ of the Bureau of Labor Statistics of the Umted States Department of Labor that are most
nearly compare~e to the CPI-U applicable to the Dallas-Fort Worth gsograph~cal region If the Bureau
of Labor Statistics of the Umtad States Department of Labor ceases to exist or ceases to publish
statistics called for in th~s section adjustments shall be made using the most nearly comparable
statistics published by a recognized financial authonty selected by Lessor
B ~: All payments, ~ncluding land rental and fees, w~lt be due on the 15th of the
month This payment will be for the prior month fees and the current month land rentals If payments
ara not received before or on the 15th, a 5% penalty w~lJ be due as of the 16th If payments are not
received by the first of the subsequent month, an additional penalty of 1% of the unpaid rental#so
amount will be due A 1% charge will be added on the first of each subsequent month until unpaid
rental/foe payment is made Failure to pay the rent, fee, or e~ther monetary penalty amounts on
delinquent rent or fees shall constitute an event of default of th~s Lease
V LEASE TERM~
A. The Fixed Bees Ooemtor. The term of this Lease shell be a period of thtrty (30) years
commencing on the 1at day of May 1997, and ending at m~dmght on the 30th day of Apnl, 2027 unless
terminated under the prows~ons of th~s lease Lessee shall have the option to extend the term of th~s
Lsese for two additional ten (10) year periods subject to terms negotiated at that time between Lessor
and Lessee If Lessee elects to exercise ~ta option to renew th~s Lease, Lessee shall notify the C~ty
Manager, in wdflng, at least one hundred eighty (180) days before the expiration of the m~tial thirty (30)
year Lease At the end of the Imtiel ten (10) year option Lessee shell have the option to extend the
term of this Lease for an additional ten (10) years aublect to terms negotiated at that brae between
Lessor and Lessee If Lessee elects to exemise th~s second option, Lessee shall notify ~he C~ty
Manager, ~n writing, at least one hundred e~ghty (180) days before the expiration of the ~mtial ten (10)
years
B. Commercial Land. Trent n: The remaining term of th~s lease w~ll be for a term of thirty (30)
years, commencing on the 1st day of May, 1997, and continuing through the 30th day of Apnl 2027
unless serltar terminated under the provisx3ns of the Agreement Lessee shall have the option to extend
the term of this Lease for an additional period of ten (10) years subject to terms negotiated at that t~me
between Lessor and Lessee If Lessee elsota to exero~se its option to renew this Lease, Lessee shall
notify the Cify Manager. in writing, at least one hundred eighty (180) days before the expiration of the
In~ttal thirty (30) year Lease At the end of the m~tial ten (10) year option, Lasses shall have the option
to extend the term ~ lhi~ Lease for an additional ten (10) years subject to terms negotiated at that t~me
between Lessor and Lasses If Lessee elects to exerc,se this second option, Lessee shall notify the
City Manager, in. writing, at least one hundred e~ghty (180) days before the expiration of the ,n,t~al ten
(10) years
VI. ASSIGNMENT OF LEASE
Lessee expressly covenants that it w~ll not assign th~s lease, nor sublet the whole or any part of the sa~d
premises for any purpOse, except for rental of hangar space or tie-down space, without the wntten consent
of Lasher, except that any person, corporation or ~nstitution that lends money to Lessee for the construction
of any hangar, structure, building or improvement upon the leased premises and retains a secunty ,nterest
m sa~d hangar, structure, building or improvement shall, upon default of Lessee'e obligation to se~d mortgagee
have the right to enter upon said leased premises and operate or manage sold hangar, structure, building or
EZELL AVIATION INC LEASE AGREEMENT - PAGE 10
~mprovement according to the terms of th~s agreement, for a penod not to exceed the term of the mortgage
w~th Lessee, or until the loan Is paid In full, but in no event longer than the term of this lease Leoeor agraes
that H~ will not unreasonably w~thhoid ~ts approval of the sale or sublease of the facilities for mrport related
purposes
VII. SUBROGATION OF MORTGAGE
Any person, corporation or ;natitutlon that lends money to Lessee for construction, purchase and or
refinance of any hangar, structure, building or ~mprovement and retains a sacunty interest ~n smd hangar
structure, building or improvement shall, upon default of Lessae's obligations to said mortgagee, have II~e nght
to enter upon said leased premises and operate or manage said hangar, structure, building or ~mprovement
according to the terms of this Agreement, for a period not to exceed the term of the mortgage w~th Lessee
or until the loan la paid in full, or such mortgagee shall have the right to remove any butidings or structures
from Ihs premises, however, if such mortgagee is planmng to remove any buildings, then they walt not~fy
Lessor in writing of such ~ntant to remove, and Lessor wall have s~xty (60) days from receipt of such not,ce to
exercise an option to pumhasa such buildings or structures under the provisions of Article II hereof It ~s
expressly understood and agreed that the right of the mortgagee referred to herein ~a II.tad and restncted
to those improvements constructed with funds borrowed from mo~gage, those improvements purchased w~th
the borrowed funds, and those ~mprovamenta pledged to secure the refinancing of the ~mprovements
VIII RIGHT OF EASEMENT
Lessor shall have the right to establish easements, at no cost to Lessor, upon the leased ground space
for the purpose of providing utility services tO, from or across the airport property However any such
easements shall not Interfere with Lesaee'a use of the "leased ground space" and Lessor shall restore the
property to its original condition upon the installation of any ut~hty sawicas on, in, over or under any such
easement
IX. CANCELLATION OF LEASE
A. ~:
In the event that Lessee shell file a voluntary bet~tion ~n Bankruptcy or proc. eed~nga ~n bankruptcy
shall be instituted against it and Lessee thereafter ~s adjudicated bankrupt pursuant to such
proceedings, or any court shall fake jurisdiction of Lessee and its aasata pursuant to proceedings
brought under the p.[ovtslone of any Federal racrgan~zatton act, or Lessee shall be divested of ~ts estate
herein by other opetatfan of law, or Lessee shall frei to perform, keep and observe any of the terms
covenanfa, or conditions herein contained, or on ~ts part to be performed, the Lessor may g~ve Lessee
written notice t~dorrect such condition or cure such default and, if any condition or default shall
continue roi' thl~'y (30) days after the receipt of such notice by Lessee, then Lessor may, terminate th~s
lease by a thirty (30) days wdtten notice to Lessee In the event of default, Lessor has the r~ght to
purchase any or all structures on the leased prem~sas under the provisions of Article II hereof
Lessee may cancel this Agreement, in whole or part. and terminate all or any of ~ta obligations
hereunder at any ~lme, by thirty (30) days written notice, upon or after the happening of any one of the
following events (1) isauanca by any court of competent jurisdiction of a permanent ~njunct~on ~n any
way preventing or restraining the use of said airport or any part thereof for a~rport purposes, (2) any
EZELL AVIATION, INC LEASE AGREEMENT - PAGE 11
action olr the CIv~l Aeronautice Board and/or Fsdaral Aviation Agency refusing to permit Lessee to
operate into, from or through said mrport such mrcraft as Lessee may reasonably de,~re to operate
thereon, the breach by Lessor of any of the covenants or agreements contained herein and the fmlure
of Lessor to remedy such breach for a period of thirty (30) days after receipt of a written not,ce of the
existence of such breach, (3) the ~nabllity of Lessee to use said pram~cea and fac~htiee 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 Umtad States Government or any authorized
agency thereof of the maintenance and operation of sa~d a~rport end facil;tiee or any substantial part or
parts thereof
X. SPECIAL CONDITION8
It is espeo~ally understood and agreed by and between Lessor and Lessee that this lease agreement
rs subject to the following epeo~al terms and conditions
A. Nothing contained herein shall be construed to grant or authorize the granting of an exclusive
right w~thin the meamng of Section 1349 of Title 49 Umtsd States Code Annotated
B. Lessor reserves the right to further develop or improve any public parking area. land~ng area,
or other portion of the airport property w~thout notice to Lessee
C. During time of war or national emergency, declared by the Congress or the President of the
United States, Lessor reserves the right to alter, amend, or suspend th~s agreement upon demand of
m~litary, or naval authorities of the United States
D Lessee, its personal representative, successors ~n tntarasL and assigns, as a part of the
cons~daretion hereof, does hereby covenant end agree as a covenant running with the land that
1 no pemon on the grounds of race, color, or national ongln shall be excluded from participation
~n, denied the benefits of, or be othenwse subjected to discnmlnetion ~n the use of sa~d fec~l~ttes
2 that in the construction of any ~mprovements on, over, or under such land and the furnishing of
services thereof, no pemon on the grounds of race, color or national odg~n shall be excluded
from participation in, denied the benefits of, or othenvise be subjected to discrimination,
3 that the Lessee shall uss the premises in compliance w~th all other requirements ~mpossd by or
pursuant to Title 48, Code of Federal Regulations, Department of Transportation, Subtitle A
Office of the.~acreta~/, Part 21, Nond~scnm~nation ~n Federally.assisted programs of the
Debel~lent of Treneportatton-Eftectuation of T~tle VI of the Ciwl Rights Act of 1964, and as sa~d
Regulatio_na may be amended
That in the event of breach of any of the above nond~ecrimination covenants, Lessor shall have
the right to terminate the leece and to re-enter and repossess said land and the facilities thereon and
hold the same aa ~f said lea~e had never been made or ~ssued
E. The Lessee assures that it w~tl undertake an affirmative action program aa required by 14 CFR
Part 152, $ubpart E, to ~naura that no person shall on the grounds of race, creed, color, national ongm,
or sex be excluded from pe~oipeting ~n any employment activities covered ~n 14 CFR Part 152
Subpert E The Lesese aesurea that no person shall be excluded on these grounds from participating
in or recaNing the services or beoefita of any program or actiwty covered by this subpart The Lessee
assures that it will require that its covered suborgan~zatione prowde esaurancae to the Lessor that they
EZELLAVIATION, INC LEASE AGREEMENT - PAGE 12
similarly-will undertake affirmative action programs and that they wdl require assurances from their
suborganlzaliona, aa requ~req by '14 CFR Part 152, Subpart E, to the same effect.
F. If Lessor-files an action to enforce any covenant, term or condition of th~s lease, or for the
recovery of the passe.ion of the leased area, or for breach of any covenant, term or condition of th~s
lease, then Lessee agrees to pay to Lessor reasonable attorneys fees for the services of Leseor's
attorney ~n such action as part of the costa incurreq, such attorneys fees to set by the Court
G, Lesaor's waiver or breach of one covenant or condition of this lease shall not be deemed a
waiver of subsa~luant breeohes of other provisions and Leseor's acceptance of rental payments shall
not be deemed a waiver of any of the provisions of this lease
H Lessee shall be prowded access to the property leased hereunder e~ther through access "A' or
access "B", at Lessor's discretion, ss shown on Exh~b~ta "A," 'B,* and *C' attached hereto and
mcorporetsd herein by reference Lessor reserves the right to change Leseee's means of ingress and
egress from one designated access to another at Lessor's option
I. ~lO.~l¥~J~JL.~.' That because of the present sixty thousand (80,000) pound
continuous use weight beertng capacity of the runway and taxiways of the Airport, Lessee here~n agrees
to limit all aeronautical activity including landing, takeoff and tax~ng, to aircraft haweg an actual wmght,
including the weight of its fuel, of sixty thousand (60,000) pounds or less, until such t~me that the runway
and deslgnata~ taxiweys on the Airport have been ~mproveq 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 es such studies may dictate "Aeronautical Activity" refen'eq to in th~s clause shall
~nclude that activity of the Lessee or its agents or su~ontractore, and its customers and ~nwtees but
shall not include thcee actiwtles which It neither controls nor solicits, such as an unsohc~ted or
unscheduled or emergency landing Negligent disregard of the provisions of th~s section shall be
sufficient to cause the immediate termination of this entire Agreement and subject the Lessee to be
liable for any damages to the Airport that m~ght result
J. ~: The right to conduct aeronautical actlwt~es for furnishing services
to the public ~s granted the Lessee subject to Lessee egremng,
1 To furnish said services on a fair, equal and not unjustly d~scnmmatory basis to all users thereof
and,
2 To charge fair, reesonabta end not unjustly d~scnm~natory prices for each umt or saw,ce
provided, that the Levee may be allowed to make reasonable and nondiscriminatory d~scounts
rebates, or ~tler similar types of price reductions to volume purchasers
K. RIoM of I_ndlvMuala to Matnteln Aircraft: It is clearly understood by the Lessee that no r~gl~t
or privilege hal beert granted which would operate to prevent any person, firm or corporation operating
almralt or~ the airport from performing any services on ~ts own a~rcraft with ~ts own regular employees
(~ncludlng, but not limited to, maintenance and repair) that )t may choose to perform
L ~:
1 Lessor reserves the rtght to further develop or improve the landing area of the airport as ~t sees
fit, regardless of the desires or wews of the Lessee, and w~thoul ~ntorference or h~ndrance
EZELL AVIATION, INC LEASE AGREEMENT - PAGE 13
2 Lessor shell be obligated to maintain and keep ~n repair the ~andlng area of the a~rport and all
publicly owned facilitteo of the a~rport, together w~th the right to direct and control all ectiwt~es of
Lessee in this regard
3 During time of war or na~nal emergency, Lessor shall have the dght to lease the lan(ling area
or any part thereof to the Un~ted States Government for roll,tar/or naval usa, and, ,f such lease
~s executed, the provisions of this Instrument insofar as they ara ~nconsistent w~th the prows~ons
of the lease to the Government, shall be suspended
4 Lessor reserves the right to take any action ~t considers necessa~ to protect the aerial
approaches of the a~rport against obstruction, together w~th the right to prevent Lessee from
erecting, or permitting to be erected, any bu~ld~ng or other structure on or adjacent to the a~rport
which, in the opinion of the Lessor would limit the usefulness or safety of the a~rport or
constitute a hazard to almrsff or to a~mraff nawgatton
5 This Lease shall be sut)ordlnate to the prowslons of any existing or future agreement between
Lessor and the Un)ted States or agency thereof, relative to the operation or maintenance of the
A~rpo~t
Xl. INSURANCE
A, ~[ilJ~: Lessee, at ,ts expense shall maintain continuously in effect at all t~mes
during the term of this agreement the following ~nsurance coverage
1 Comprehensive general liability covsnng the leased premises, the Lessee or ~ts company ~ts
personnel, and its operations on the A;rport
2 Aircraft liability to cover all flight operations of Lessee
3 Fire and extended coverage for replacement value for alt facilities used by the Lessee e~ther as
a part of th~s agreement or erected hy the Lessee subsequent to th~s agreement
4 L~abdity Insurance limits shall be in the following minimum amounts
Bodily Injury and Property Damage
One Million Dollars ($1,000,000) combined s~ngle lim~t~ on a per occurrence bas~s
5 All pollclal;:shall name the C~ty of Denton as an additional named insured and prowde for a
minimum of thirty (30) 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 w~th a copy of all such policies w~thin thirty (30) days of the s;gn~ng
of th~s AgraemenL
During the original or extended term of th~s Lease, Lessor herein reserves the nght to adjust or
increase the liability insurance amounts requ~rsd of the Lessee, and to redu~re any additional nder,
provisions, or certificates of insurance, and Lessee hereby agrees to prowda any such ;nsurance
requirements as may be required by Lessor;, provided however, that any requ~remects shall be
commeflsurate with insurance requirements at other public use airports sim;lar to the Denton Municipal
EZELL AVIATION, INC LEASE AGREEMENT- PAGE 14
Airport, I1~ ~ize and ~n scope of awabon acflv~hes located ~n the southwestsm rag,on of the Umted
Statec Lessee hem~n agrees to comply wtth all ~ncrsesed or adjusted insurance requirements that may
be required by the Lessor throughout the odg~nal or extandeq term of th~s Lease, ~ncludlng types of
tnsurance and m~netary amounts ~)r limits of insurance, and to comply with said ~nsuranca requirements
w;thin sixty (60) days following the receipt of a notice ~n writing from Lessor stating the ;ncressed or
adjusted insurance requirements Lessee shell have the right to maintain ~n rome both types of
~nsuranca and amounts of insurance which exceed Lessor's minimum insurance requirements
In the event that State law should be emended to requ,re edditlonel types of *nsurance and/or
insurance amounts which exceed those of like or slm~lsr public use s~rporta ~n the southwectam region
of the Un,ted States of America, then in such evenL Lessor shell have the nght to require that Lessee
maintain ~n rome types of insurance and/or amount of msurance ss specified by State law
Failure of Lessee to comply with the m~nimum specified amounts or types of ~nsurance as
required by Lessor shall constitute Lessee's default of th~s Lease
B, ~ During III times that thts leeee ts In effect, the pertise egme that Lmse le
and shall be deemed to be an Independent contractor and operator and not an agent or
employee of City with respect to Its ecta or omtselone hereunder For all the porpoese
hereunder, Levee ie and aha# be deemed in independent contractor and It la mutually agreed
that nothing contained herein shall be deemed or construed to constitute a pertnerahlp or Joint
venture between the pertiee hereto.
Lessee agrees to Indemnify and hold harmtsee the City and Ita agents, employees, and
rapreeentatlvse from end egelnet all liability for any and all clelme, suite, demende, and/or
scalene arising from or baaed upon Intentional or negligent ecta or omissions on the part of
Lseeee, Ita egenta, representatives, employees, members, patrons, vtsltore, contrectom and
subcontractors (If any), and/or auhlseaee, which may aries out of or rseult from Lseeee'a
occupeney or uae of the premtsee end/or activities conduated In connection with or Incidental
to thta Lease Agreement. Lessee aha# etao Indemnify City against any end ill mechanic's and
matarisimen'e liens or any other typel of Itsne Imposed upon the premises demised hereunder
arising aa a result of Leeeee'l conduct or activity.
Thta Indemnity Provielon extendl to any and ail such ctaimo, ault~, demands, and/or
actions regardless of thl type of relief sought thereby, and whether such relief ta in the form of
damages, judgmenta, and oo~ta and reseoneble ittomey'l ~ and expenses, or any other legal
or equitable form of remedy. Thie indemnity Provtslon shill apply regardleel of the nature of
the Injury or harm alleged, whether for injury or death to persona or damage to property, and
whether aueh times by Ilieged at common law, or statutory or conetltutionel clelme, or
othenviee. Thts Indemnity Provtslon shill apply whether the belie for the claim, suit, demand,
and/or ectlon may be attributable In whole or In part to the Lessee, or to any of its agents,
repreeeetativee, employeee, members, petrone, vtsltora, contractors (If any), and/or eubleease
or to anyone d/rectly or Indirectly employed by any of them
Further, City eeaumee no rseponelblllty or lieblllty for harm, Injury, or any damaging
event, whlah Ire directly or Indirectly attributable to premlee defects or conditions which may
now exist or which may hereafter aries upon the premtsse, any and all such defectl being
expreeily waived by Lessee. beelee understands end egraee that thts Indemnity Provision shall
apply to any and ill ctslme, aulta, demands, ccd/or actlonl baled upon or sriilng from any such
claim eeeerted by or on behalf of Leeese or any of Its members, patrons, vas/tore, agents,
employees, contrectora and aubeontrectora (if any), and/or eubtaseee.
EZELL AVIATION, INC LEASE AGREEMENT - PAGE 15
~ ts expmeely undamtood and agreed that the City ahstl not be liable or responsible for
the negligence of Lfllee, Its agents, servants, employees and cuatomem. Lessee further
agrefl that it shall at all times exemles reesonlbfe precautions for the esfety of end shill bo
solely responMble for the eltaty of itl agectl, representatives, emptoyese, membem, patrons,
vliitom, controctom and aubeontrectom (if any), and/or aub-Ifleefl, and other pomona, ae well
es for the protection o! supplies and equipment sad the property of Lessee or other
persona. Lessee further agrees to comply with ell epplloebts provtslona of Pedersl, State and
municipal safety laws, regufetlons, and ordlnlnces.
PROVIDED FURTHER, that the Lessee end the City eseh agree to give the other party
prompt and timely notfee of any such cfelm made or suit Inatitutsd which in any way, dlrsctly
or Indirectly, contingently or otherwise, affects or might affect the Lesies or the City Lasses
further agrees that this Indemnity Provision shall be conaldars(I aa In eddltJonll remedy to City
and not In exclusive remedy.
Xll. STANOARD8
Lessee shall meet or exceed the following standards
A. Addrmm: Lessee shall file w~ the City Manager's mr~ dwgnes and keep current ~ts mmlmg
address, telephone number(s) and contacts where ha can be reached ~n an emergency
B. List: Lessee shall file with the City Manager's airport bes~gnee and keep current a I~st of ~ts
tenants and subleases
C. Conduat: Lessees shall contractually require ~ts employees and subleases (and subleases s
mvitses) to abide by the terms of this agreement Lessee shall promptly enforce its contractual rights
~n the event of a default of such covenants
D, ~: Lessee shall meet all expenses and payments in connection w~th
the use of the Premises and the dghts and pdwlagec herein granted, including the timsty payment of
ut~hbes, taxes, permit fees, license fees and assessments lawfully lowed or assessed
E. Laws: Leases shall comply with ell current and ~ture federal, state end local laws miss and
regulations which may apply to the conduct of business contemplated, Including miss regulations and
ordinances promulgated by Lessor, and Leash shall keep in effect end post ~n a prominent place all
necessary and/or required Ilcanees or bermlts
F. ~M~.~g~; Le~ies shell be responsible ~or tho maintenance, repair and upkeep
of all pmpp~ty, buildings, structures and improvements, including the mowing or elim~nation of grass and
other vegetatt~;I on the Premises, and shall keep smd Pram~ess neat, clean and m respectable
condition, free Eom any objectionable matter or thing
(3. Unauthe~ed Uae af Pmmleae: Lessee may not use any of the leased land or premises for
the operation of a motel, hotel, restaurant, pnvata club or bar, apartment house, or for ~ndustnal,
commemial or retail purl~se~, except as authonzed herein
H. ~3~JJJl~: It is expressly under, toed and agreed that no permanent dwelling or domicile may
be built, moved to or established on or within the leased premises nor may the Lessee, his tenants
~nwtoec, or guests be permitted to reside or remain as a res~dect on or within the leased premises or
other airport premises
EZELL AVIATION, INC LEASE AGREEMENT - PAGE 16
I. G~[ll~lil: Lessee agrees to properly store collect end dispose of all chemicals and chemical
residues, to property afore, confine, collect and dispose of ell paint, ~ncludmg paint spray ~n the
atmosphere, and paint products, end to comply w~th ell Local, State and Federal regulations governing
the storage, hanclllng or disposal of such chemicals and pmnta
J. ~[g]ll: During the tam'l of this Agreement, Lessee shall have the right, st ~ta own expense to
place ~n or on the lease Premises signs ~dentitying Lessee Said signs shall be of a s~ze, shape and
design, and at a location or locations, approved by the Lessor and ~n conformance w~th any overall
directional graphics or sign program established by Lessor on the A~rport Lessor's approval shall not
be withheld unreasonably Said signs shall be maintained in good repair throughout the term of th~s
agreement, Nolwithstandlng any other provision of this agreement, said signs shall remain the property
of Lessee Lessee shall remove, st Its expense, all lettering, signs and placards so erected on the
premises at the expiration of the term of this Agreement or extensions thereof
Xlll. COVENANTS BY LESSOR
Lessor hereby agrees ae follows
A, To provKle and pay for the ~netalle~n end monthly electricity required for security hghtfng at the
siq3ort which Lessor requires to be installed under any safety or fire regulations, or as may be required
by Lessor;,
B. To maintmn the airport in an acceptable condition for general aviation activities on said a~rport,
C. Lessor covenants and agrees not to enter ~nto any subsequent lease contract or agreement
with any other pemon, firm or corporation for the operation of a fixed base general awabon operation
or business sim~ler to Lessae's business on the airport containing more favorable terms than th~s
agreement or not accorded to Lessee hereunder unless the same rights, pnwlegee and concessions
are concurrently end automatically made available to Lessee
D. That on payment of the rent, fees, and performance of the covenants and agreements on the
pert of Lessee to be performed hereunder, Lessee shall peaceably hold end enjoy the leased premises
and all the nghta and privileges herein granted
E. Lessor werrent~ end represents that in the establishment, construction and operation of the smd
Denton Muni~pal Airport, that Lessor has herefofore and at this time is complying with all ex~et~ng rules
regulations, and criteria distributed by the Federal Aviation Agency, Civil Aeronautics Board or any
other governmental authority relating to end including, but not liml~KI to, no,se abatement, mr rights and
sasement~ over edjo~ng and contiguous areas, over-flight in landing or take-off, to the end that Lessee
w~ll not be legally liable for any action of trespass or similar cause of action by wrtue of any aenal
operations over eevjoining property in the course of normal take-off and landing procedures from sa~d
Oenton MunMIpal Airport, Lessor further warrants and represents that at all times dunng the term
hereof, or any renewal or extension of the same, that it will continue to comply w~th the foregoing
XIV. COVENANTS BY LESSEE
Lessee hereby agrees as follows
A. To ~ndemnify and hold harmless the Lessor from and against ell loss and damages, ~nciud~ng
death, personal injury, lose of property or other damages, arising or resulting from the operation of
Lessee's business in and upon the leased premises
EZELL AVIATION, INC LEASE AGREEMENT - PAGE 17
B. N~ to make o~ suffer any waste to be made of the premises and w~ll keep said premises neat
clean end respectable condition, free from objectionable matter or thing
C. To observe end comply with all current end future laws and ordinances end all regulations of
federal, state, county or city airport suthodtise or agencies having jurisdiction over the conduct of
operations et the s~rport
O. To keep adequate records of income and expenses and make such records reasonably
availel~le, upon request, to the Director of Finance of the C~ty of Denton, Texas
E. Lse,~se wtll quit poseaseion of all premises leased harem at the end of the pdmary term of thru
lease or any renewal or extension thereof, and deliver up the premises to Lessor ~n as good condition
as existed when possession was taken by Lessee, reasonable wear and tear excepted
F. Lessee shell, at its expense, procure all licenses certificates, permits, or other authodzetmn fi.om
any and ell governmental authorities, ~f any, hawng Jud~iction over the operations of Lessee
XV. MISCELLANEOUS PROVISION8
A. Ufll~ee. Lessee shall provide ell utilities for the prem~sse lee~KI to Lessee at ~ts own cost and
expense Utilities shall also include any secunty lighting required by Lessee for the conven;ence of
customeea of Lessee Lessee shall have the dght to connect to the a~rport water line now ex~sting and
to connect to any future utility lines at Lesese's expense
B. ~,i)~ZE.~J~I]:)~ This Agreement constitutas the entire understanding, between the part,es
and as of its effective date supemeqee all pnor or ~ndebendent Agreements between the parbes
Covedng the subject martin' hereof Any change or mod~tication hereof shall be ~n writing s~gned by both
parties
C. ~ All the covenants, stipulations and agreements here~n shall extend to ti~nd and
tnure tO the benefit of the legal representatives, successors and assigns of the respective pa~ss hereto
D. ~Y..~I:~J~[. If e provision hereof shall be finally declereq void or dlegal by any court or
administrative agency having jurtMiotion, the entire Agreement shall not tie void, but the remaining
provisions shall continue in effect as needy as pose~ble ~n accordance w~th the ong~nal ~ntant of the
parties
E. Netflte. An~ not~ giver1 by one party to the other in connection with th~s Agreement shall be
in writing end shall be sent by registered mad, return receipt requested, w~th postage and reg~stret~on
fees prepaid
1 If to Lessor, addressed to
City Manager
City of Denton
Oenton, Texas 76201
EZELL AVIATION, INC LEASE AGREEMENT - PAGE 18
2 If to Lee=see, addres,~ed ~
Mr Nel=son I=zell
Post Office Box 1793
Brec~nndge, Texas 76424
Notices shall be ~eemed to t~ave been mceWed on the ~ate of r=sceipt as shown on the return
F Ele=sdlnoe Th=s heading=s used in this Agr=s=sment ers intended for convemence o~ reterenr.,e
and do not define or hmlt the
(3 ~ This agreement I=s to be construed in accordance with the laws of the State
of Texas
IN WITNES~ WHEREOF, the par~e=s have executed th~$ Agreemer~t as of the day an~ year first above wnt~en
CITY OF DENTON LESSOR
TED BENAVIDES CiTY MANAGER
ATTEST
JENNIFER WALTERS CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY CITY ATTORNEY
_ EZELL AVIATION INCORPORATEO
NEL$OI{I EZELL
TITLE p,,A~ ' ~',,,~,a~
EZELL AVIATION INC LEASE AGREEMENT - PAGE 19
THE STATE OF TEXAS §
COUNTY OF DENTON §
This ~nstrument was acknowledged before me on the day of ,1997 by
Nelson Ezell
NOTARY PUBLIC, STATE OF TEXAS
My Commission Expires
EZELL AVIATION, INC LEASE AGREEMENT - PAGE 20
· 71
TRACT A
Accell 'A"
FBO TRACT "A" - shaded area I
T
EXHIBIT "g"
Rf. SOL~ON ~0.
S 88'09'21"W 902.71'
FBO Tracts "B" and "C"
EXHIBIT "C"
~09'21' 902
Commercial Tract D
Next Document
RESOLUTION NO ~.q '7 -' C~O~l
A RESOLUTION AUTHORIZING THE OF FROPERTY DESCRIBED AS LOT 3,
BLOCr 1, WOODCREEK DmON, DENTON, DENTON CO TY, TEX S, AS MORE
FULLY DESCRIBED HEREIN, AUTHORIZING THE MAYOR TO EXECUTE A DEED
WITHOUT WARRANTY TO THE PURCHASER, AND PROVIDING AN EFFECTIVE
DATE
WHEREAS, Cause No 95-01271-16 was filed ~n the D~stnct Court of Denton County,
Texas to collect dehnquent taxes on the follovang described property, and
WHEREAS, the District Court of Denton County, Texas granted Judgment on January
23, 1997 in favor of the taxing j unsdmttons of Denton County as follows
Lot 3, Block 1, Woodereek Addxtlon, an addition to the City of Denton, Denton County,
Texas bemg that property more pamcularly described ~n Cabinet E, Page 214 of the Plat
Records of Denton County, Texas
City of Danton $ 2,589 78
County of Denton $1,132 85
Argyle Independent School D~stnct $ 4,952 63
Denton County Education Dmtnct $ 691 22
Total Due $ 9,366 48
Market Value $21,758 00
WHEREAS, smd parcel of land was offered for sale by the Sheriff of Denton County at
pubhc auction pursuant to judgment of the District Court of Denton County, Texas, for
foreclos~e of the tax liens secunng payment of delinquent property taxes and accrued penalty
and interest, and
WHEREAS, smd parcel of land did not receive a sufficient b~d as set by law and was
struck off to the City of Denton, Trustee, m trust for itself, the County of Denton, Argyle
Independent School District, and Denton County Education District pursuant to §34 01(c)
Property Tax Code, and
WHEREAS, the C~ty of Denton, Trustee desires to resell smd parcel of land in an
expedmous manner pursuant to §34 05 Property Tax Code, and
WHEREAS, the Attorney General has ruled, m Op~mon No JM-1232 (1990), that under
these c~rcumstances, the City may resell real property that it purchases at a tax sale without
complying w~th Chapters 263 and 272 of the Local Government Code, and
WHEREAS, Bert Gibbs has tendered an offer of $11,298 85 to purchase sand property,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES
SECTION I That the Mayor or, m bas absence, the Mayor Pro Tem, ~s hereby authorized
to execute a Deed Wtthout Warranty to Bert G~bbs for the purchase price of $11,298 85, the
form of wbach Deed has been approved by the C~ty Attorney
SCT~ That tins resolutton shall become effective ~mmedmtely upon its passage
and approval
PASSED AND APPROVED tbas the (-s~'' dayof ~ ,1997
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
E \WPDOC~I\Oan\WOODCREEK PROPERTY
Page 2
DEED WITHOUT WARRANTY
THE STATE OF TEXAS §
§ KNO~ ALL MEN BY THESE PRESENTS
COUNTY OF DENTON §
City of Denton, on behalf of itself and as Trustee for the County of Denton, Argyle Independent
School District and Denton County Education District for and m consideration of the sum of Eleven
Thousand Two Hundred Ninety-eight dollars and 85/100 ($11,298 85), cash m hand paid by Bert Gibbs,
of P O Box 477, Justin, Texas 76247~0477, Denton County, Texas, the receipt of which is
acknowledged and confessed, have conveyed on behalf of ~tself and as Trustee for County of Denton,
Argyle Independent School District and Denton County Education District and by these presents do
convey unto said Bert Gibbs all of the right, title and interest of Ot~, of Denton, Trustee and all other
taxing units which were parties to the tax foreclosure Judgment against the property which was acquired
by tax foreclosure sale heretofore held, said property being located in DENTON County, Texas, to wit
Lot 3, Block 1, Woodcreek Addition, an additaon to the City of Denton, Denton County, Texas being
that property more particularly described in Cabinet E, Page 214 of the Plat Records of Denton County,
Texas
TO HAVE AND TO HOLD all of its right, title and interest in and to the above described property
and premises unto the said grantee(s), Bert Gibbs, his heirs and assigns forever, so that neither City of
Denton, Trustee ,nor any taxing units which were parties to the said tax foreclosure Judgment, nor any
person claiming under it and them, shall at any time hereafter, have, claim or demand any right or t~tle to
the aforesmd property, premises or appurtenances, or any part thereof.
This conveyance ~s expressly made subject to property taxes for the tax year 1997 and subsequent
years
The consideration paid by the grantee being equal or greater than the total amount of the tax judgment
against the property, or the market value of the property specified in the judgment for foreclosure of the
tax hens, whichever was less, this conveyance is made pursuant to Section 34 05(a) of the Texas Property
Tax Code
Grantors have not made, and do not make any representations, warranties or covenants of any land or
character whatsoever, whether express or implied, with respect to the quality or condition of the
property, the smtabihty of the property for any and all activities and uses which grantees may conduct
thereon, comphanee by the property with any laws, rules, ordinances or regulations of any applicable
governmental authority or hab~tabihty, merchantability or fitness for a particular purpose, and
specifically, grantors do not make any representations regarding hazardous waste, as defined by the Texas
Solid Waste Disposal Act and the regulations adopted thereunder, or the U S Environmental Protection
Agency regulations, or the disposal of any hazardous or toxic substances m or on the property
The property is hereby sold, transferred, and assigned to grantees "as is" and "with all faults"
IN TESTIMONY WHEREOF THFe C. Lty of Denton, on behalf of ~tself and as Trustee, has caused
these presents to be executed this the .l~L"r~lay of F~'xO ~\, 1997
CITY OF-bENTON, TEXAS
MAYOR
THE STATE OF TEXAS §
COUNTY OF DENTON §
Before me, the undersigned authority, on this day personally appeared
MAYOR of the CITY OF DENTON, Texas, known to me to be the person v~ose name Ii subscn'ffed to
the foregoing instrument and acknowledged to me that he executed the same for the purposes and
consideration therein expressed and in the capacity ther;~ stated
~(~lye? under myth&nd and seal of office, tMs the ~ day of
State of Texas
Notary Pubhc,
My commission expires
!
'.',,~ ~,., ANN FORSY1TIE
) Notary Publlo, State ol Tex~
C \DOCS\RES\CRIPPS.RES
A RESOLUTION APPROVING A RIGHT-OF-WAY USE AGREEMENT BETWEEN THE
CITY OF DENTON AND JOSEPH E. CRIPPS; AND DECLARING AN EFFECTIVE
DATE.
THE cOUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
~ That the city Council of the city of Denton hereby
approves a Right-Of-Way Use Agreement between the City of Denton
and Joseph E. Crlpps, a copy of whlch ls attached hereto and
incorporated by reference herein, and the City Manager is hereby
authorized to execute said agreement on behalf of the City.
That this resolution shall become effective
~n its passage and approval.
zmmedla=ely up
PASSED AND APPROVED this the ~day of ~, 1997.
JAC~LER, MAYOR
ATTEST '.
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
THE STATE OF TEXAS S ~IGHT-OF-WAY USE AGREEMENT
COUNTY OF DENTON
That the City of Denton, hereinafter referred to as "City" does
consent and agree to permit ~OS<~k~=_~, hereinafter referred
to as "Applicant", to use ~f-wa~'dedicated to city, such
right-of-way being described in Exhibit No. i a~tached hereto, for
the purposes of ~'~¢~ul ~ ~ ~3 upon the
following conditions~ /
I.
That APPLIC~T, his successors or assigns shall maintain and
keep in sightly condition all of the right-of-way area and the
improvements situated thereon; and that CITY shall not become
responsible for such maintenance at any time in the future.
II.
That APPLIC~T shall and does hereby agree to indemnify and
hold harmless CITY from any and all damages, loss or liability of
any kind whatsoever by reason of injury to property or third person
occasioned by its use of the right-of-way or act of omission, ne-
glect or wrongdoing of APPLIC~T, his officers, agents, employees,
invitees or other persons, with regard to the improvements and
maintenance of such improvements; and the APPLIC~T shall, at his
own cost and expense, defend and protect CITY against any and all
such claims and demands.
III.
That APPLIC~T shall purchase and maintain Co~ercial General
Liability Insurance naming the CITY as an ,,additional insured" for
damages arising from the construction and maintenance of the im-
provem~nts authorized above with a limit of not less than
$250,0Q0.00 for each person and $500,000.00 for each single
occurrence for bodily injury or death and $100,000.00 for each
s~ngle, occurrence for injury to or destruction of property.
IV.
That APPLIC~T shall arrange for all activities and ~mprove-
ments in the right-of-way to be discontinued and/or removed, at the
direct]ion of CITY, within thirty (30) days of notification by CITY,
that ~he city Council has directed the use of the right-of-way by
the APPLIC~T be discontinued; and the cost associated with the
discontinuing of such activities, and the removal of such improve-
ments, as well as property adjacent to the right-of-way neces-
sitated by such discontinuation of the right-of-way use, shall be
borne by the APPLIC~T.
VJ
That APPLICANT, his successors or assigns shall not seek com-
pensation from CITY for loss of the value of the improvements made
hereunder when such improvements are required to be removed by
APPLICANT.
VI.
This Agreement shall be filed of record in the Deed Records of
Denton County, Texas, and shall bind all future owners of this lot
and shall for all purposes be considered a covenant running with
the land,
VII.
That the applicant shall not place any structures in the right-
of-way which extend more than four and a half feet from the
exterior wall of the building at 207 North Elm.
VIII.
That, in consideration for the use of the right-of-way, the
applicant shall construct a sidewalk along Pecan Street; the
sidewalk shall cover the full width from the curb to the building
wall, with the exception of areas immediately adjacent to the wall
that may be reserved for landscaping. The design of the sidewalk
shall be approved bythe City of Denton Engineering Department.
IN TESTIMONY WHEREOF, APPLICANT executes this Right-of-Way
Use Agreement on this day ~--day of ~ , 1997.
CITY OF DENTON
PAGE 2
Exhibit No 1
Description of Right-of-Way An area nzne and a half feet wlde
and 120 feet long, adjacent to the property located at 207 North
Elm, Block 4, Lot 1, of the Original Town of Denton, Texas
R~ght-of-way adjoins the north extermor wall of the bulldzng
at 207 North Elm and extends to the interior of the curb
borderzng the south side of Pecan Street
, SOL ION NO./ q
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE TEXAS NATURAL RESOURCE
CONSERVATION COMMISSION (T.N R C C ) GRANTING A LICENSE TO THE TEXAS
NATURAL RESOURCE CONSERVATION COMMISSION (T N R C C ) FOR AN AIR
POLLUTION MONITORING STATION, AND PROVIDING AN EFFECTIVE DATE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
~ That the City Manager ~s authorized to execute an agreement between the C~ty
of Denton and the Texas Natural Resource Conservation Comnusmon (T N R C C ), a copy of
wluch agreon~nt m attached hereto and incorporated hereto by reference
~ That tl~ resolution shall become effective m~hately upon ~ts passage and
approval
ATTEST
JENNIFER WALTERS, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
HERBERT L PROIYrY, CITY ATTORNEY
CITY OF DENTON, TEXAS
ORIGINAL
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DENTON §
That the City of Demon, a mumc~pal corporation m Denton County, Texas, acting herein by and
through Its duly authonzed City Manager, hereinafter called "City" and Texas Natural Resource
Conservation Conumsslon (T N R C C ), an agency of the State of Texas, acting hereto by and
though its duly authorized Regional Manager, hereinafter called "T N R C C or Licensee", hereby
make and enter into the following agreement
I
City hereby grants unto Licensee a revocable license and pnvalege to use and occupy a parcel
of land, a part of Denton Mumcipal Airport m Denton, Denton County, Texas, as shown on the
attached Exinblt "A" winch is hereby incorporated hereto by reference and made a part hereof
H
The term ofth~s agreement shall be ten (10) years beginning on May 1, 1997 and ending on April
30, 2007, prowded however, that either the City or Licensee shall have the right to cancel tills
ag~ent by dehvenng wntten notice of such cancellation tbarty (30) days before the effective date
of such cancellation to the other party hsted below
LICENSEE Melvin Lewis, Rogional Manager ~
Texas Natural Resource Conservation Cormmssion
1101 East Arkansas Lane
Arlington, Texas 76010
CITY Ted Benavtdes, City Manager
City of Denton, Texas
215 East McKmney
Denton, Texas 76201
III
Licensee recognizes that the City of Denton reserves the nght to develop any and all land on the
Airport The City will not be held hable for the effects of current or future development winch may
cause the inaccuracy of the Air Pollution Momtonng Station
IV
Licensee agrees to use the said land only for an air pollution momtonng station Licensee
recogmzes that smd land is part of the Mumcipal A~rport of the City of Denton and agrees that any
Texas Natural Resource ConservaUon Comrmssien License Agreement - Page 1
nnprovemonts erected or ~nstalled and all activities conducted thereon shall be m strict comphance
w~th all regulations and reqmremeots of tho Federal AvmUon Adm~straUon and ail apphcable federal,
state and lOcal laws, statutes, charters and ordinances
V
T N R C C acknowledges that it is not an agent, servant, or employee of the City, and that It
is responsible to the extent provuted by the Texas Tort Clmms Act for its own acts and deeds and for
those of its a~ents, servants, or employees dunng the term of tlus hcense
hce~see agrees to pay the City as consideration for the use of smd land the sum of One Dollar
($1 00) per year, ~he receipt and sufficuency of wluch is hereby acknowledged
T~ tins the ~J-day of ~ . 1997
EXECUTED
Denton
County,
crrY DENTON TEXAS SOOaC
CONSERVATION COMMISSION
BY TEDiBENAVIDES, C1TYMANAGER BY MI~VI~qLEWlS, REGIONAL~AGER
ATTEST
JENNIFER WALTERS, CITY SECRETARY
CITY ON DENTON, TEXAS ATTEST
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
CITY OF DENTON, TEXAS
Texas Natural Resource ConservaUon Comnusmon L~c, ense Agreement - Page 2
tnrcclse wpa
Next" ' D!o'Cument' '
lB 1997
RESO ,UTION NO
A RESOLUTION OF THE CITY OF DENTON, TEXAS AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE ELECTRIC
RELIABILITY COUNCIL OF TEXAS, INC ("ERCOT") APPOINTING ERCOT AS
THE AGENT OF THE CITY OF DENTON FOR THE PURPOSE OF EXECUTING
CERTAIN UMBRELLA AGREEMENTS PERTAINING TO ELECTRIC TRANSMISSION
SERVICE, AND PROVIDING AN EFFECTIVE DATE
W~EREAS, the Public Utility Regulatory Act of 1995 (~'PURA")
required all electric utilities an the State of Texas to make their
transmission system available for use as part of a statewlde
transmission system, and the Public Utilities Commission of Texas
("PUC") thereafter adopted rules which implement this requirement,
which rules require owners of electric transmission facilities to
have tariff agreements with each entity which makes use of their
transmission system, and
WHEREAS, the practical effect of this requirement, coupled with
the structure of the statewlde transmission system created by the
PUC, would result in Denton having to sign two tariff agreements
with every electric utility an Texas, consisting of one tariff
agreement for planned and unplanned transmission service, and one
tariff agreement for unplanned transmission service, and
WHEREAS, in order to avoid voluminous amounts of paperwork for
all electric utilities in Texas, ERCOT has developed umbrella
agreements for both planned and unplanned transmission service and
unplanned transmission service Denton is a member of ERCOT
ERCOT is willing to serve as the lawful agent of 1ts member
electric utilities for the sole purpose of executing uniform
agreements for planned and unplanned transmission service and for
unplanned transmission service, at no cost to its member electric
utilities, and
WHEREAS, Denton's approval of the attached Agency Agreement,
will permit ERCOT, as Denton's agent, to list Denton as a partici-
pant in the umbrella agreements, and as a result, will relieve
Denton's Municipal Electric utility from a considerable amount of
paperwork which would otherwise be needed to comply with PU~A, and
WHEREAS, the appointment of ERCOT as Denton's agent as
referenced herelnabove will result an improved efficiency of the
administration of Denton's municipal electric utility, and
accordingly, Ks an the best interest of Denton, NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
SECTION I. That the City Council authorizes and directs the
Mayor to execute an Agency Agreement with the Electric Reliability
Council of Texas, Inc , appointing ERCOT as Denton's agent for the
purpose of lasting Denton as a participant in certain umbrella
agreements for planned and unplanned transmissIon service and for
unplanned transmission service A copy of saldAgency Agreement
attached hereto and incorporated by reference herein
~ That this resolution shall become effective
Immediately upon its passage and approval
PASSED AND APPROVED this the ~k~ day of ~.~____,
1997
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM.
HERBERT L. PROUTY, CITY ATTORNEY
AGENCY AGP. EE~
NOW, ~0~, m co~t~t~on of ~e mull p~ coa~ ~ ~e
P~ ~ ~ ~Ho~:
~e ~,~i~-O~ U~ h~by ~ ~d ap~m~ ~COT ~ ~e
~h~ ~ ~ Exh~hR A ~ E~t B
2 ~T ~s ~y a~o~ by ~e ~ss~ Utfll~ w ~um ~d
A~ ~ ~ m &o ~y ~m~t ~ not m~l~e ~ ~n~ ~
~~, ~R~e or v~ ~e t~ ~d ~o~ho~ of ~ce to b~ pmvtd~ ,mawr ~
Umbr~ A~m ~ ~ fo~ m ~b~t A ~d E~b~t B ~: T~smn-~ U~
~ ~COT ~ly a~owl~ge ~ ~COT ~ ~ au~n~ ~ ag~t to wm~ ~e n~m of
~d 23 70 or ~ appl~on to ~ ~on mvol~ng ~e T~misston~ U~h~
3 ~or to ~u~ m Umb~l~ ~m~ on bc~f of ~
Utflt~, ~COT will c~s~t ~ ~e T~m~ssw~O~ml U~E~ ~d ob~ ~ co~t m ~h
~c~aon ~y Umb~lla A~ment excited by BRCOT w~o~t prior co~lauon wi~ ~
1
consen~ of thc Tran~sswn-Own~ Unhty shall ~ot bc bmdm~ upon the Trausm~s$~on-OwmuE
Utdtty At least five (~) business d~ys pnor to ~x~cutlon by EKCOT of an Umbrella Al~'lent
on behalf of the Transmission-Owning Uuhty, I~KCOT shall for~vard a copy of such Umbrelh
A~reement to the Tra~m~slon-Ownm~ Utility wi ~-mail or facsimile ~_~ch ~mslntsslon-
Ownmt~ Utthty shall ~ ]~.COT reformed of the contact person so designated to receive ~h,~
aohfiostion If th~ Tr~n~miss~on-Ow-,,n.~ Uuht7 do~ ~ot re, oct the Umbrella Ag~.raent wIthin
the fiv~ (5) business days, th~ Tranamtssion-Own~ Ut~hty shall bo d~e~aed to have consented
to the ~'c~nenL
4 ]/RCOT shall clehver to thc Trausmtss~on-Ownm8 Utdlty m a tuuoly mauner a
copy o£ any correspondence or other docume~ received by BP, COT that ~s rcl~cd to any
Umbrclla Airecment, mcludu~ mfonnation provided m accordauce w~th Substantive Rule
23 70(~) wtuch results m approved iransm~ssion service, executed by ER. COT as asent for the
'i'm~uuss, on-Ownu~ Uuhty
El?COT shall not have the authonV/ tu h-uuat¢ the icrmmauon of scrwces
pwvided ~t to validly executed Umbrella AI/~eement T,~/,,inatton of services under an
U'mBrel]a Agreement must bc lmtiated by wnt~n noUfica~on By a Trarii~.,~slou Customer or
Trauvnumon-Owut~ Uuhty
6 Within twenty-four (24) hours after [eceipt by ]ER. COT of auy written notL.'icahon
by a U-ausm,ss2on customer requcstms termmaUon of serv,ces provided unda' au Umbrella
A~,rmemeni executed by BY, COT as agent for the Transmisslon-Ownm~ Uuhty, ERCOT sha[}
dchve~,a copy o2' such wnuen notificatwn to the Tr-,~'~,~sion-Owr~dnt{ Ut~hty
7 W{ttun ~veav/-four (24) hours aRer receipt of written mstmctwu$ ~om thc
Transmmsston-Ownm8 Utility to te~m,,,,~c one or more of the Umbrella Agreements, P. RCOT
vail, on beJudf of the Trausmlssion-Ownmg Uuhty, ipve to the alupl,cable transmission
customer(a) the written notice requu-cd under the Umbrella Agreelllent to terminate sarlle
ERCOT will promptly provide a copy of such tci-mmatlOn nohce to the Transw~ss~on-Ownm~
Uuhty
,8 ER. COT shall malntam orderly files of all Umbrella Agreements executed by
BRCOT as agent for the TrallSmlSsioll-Ownilll~ Uuhty, wgether vath all cor~espond~noc and
other clocumants related to the executed Umbrella Agreements, at ERCOT's central offices
9 F.~COT shall not rccelve a fcc or payment of eny kind from the Transmisswn-
Owning U~il,ty for ERCOT's performance m ~:cordauce with tttts Agreement
10 The Transmlsslon-Ownm~ Utihry may at any l~me terminate ]~][1.COT's authority
as al~cilt for thc Trallslmsslon-Owlllllg Utility under this Agreerll~nt by senclu!~ written not~c¢ of
thc termination of authority to P.,ECOT EfI~cUve upon rece~p~ of such nolificauon of
tc~mmauon by Bt~.COT, BI~.COT (a) shall no longer be authorized to act in any representauve
capaczty for thc t~r~lma~g Tmus~smon-Owmng Ut~hty,
~om ~ $ch~e A ~h~
~ T~mo~ U~mes to ~e S~edule B ~ to ~e ~ve U~lla
~m~ts T~on by ~ T~on-~g U~ ~hsll ~t aff~ ~y ~Y
ml~lo~p ~ts~g ~ ~C~ ~d ~y o~ ~liSlon-o~ U~ll~eS
~o~ m ~-~ce w~ ~e la~ of~ Sta~ of T~
~e P~ have ~us~
city of Denton, Texas
Municipal Elect{ic Utility T~,~C
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
UMBRELLA AGREEMI~NT
l~OR
PLANNED AND UNPLANNED TRANSL¥II$SION SERVICE
Tins A~,gcmcat ~s made, mgered mm, md effective ihs __ c~.y of ,
199.._, by and between ("Cusmm,~') ~ Elecln¢
Rehab~h~ Cmuml of Texas, he. ("]~RCOT"), as agen~ for the b-m~m/ssmn-ownm/uuUties
~ted on Scbed~e A
~, Customer wa~ts to pamc~;'ie m planned ~nd unplanned
set.co tz~u,-antions pursuant to Substantive Rules 23 67 and 23 70 promulgated by the Public
lJtdity Co.,~m;ssion of Texas, nad
~S, pv..'suant to the Subsumtive Rules promulgated by the Public Utility
Co,~mi~ston of Texas, the mmsmisslon-ownmg utilmes are requ.ved to have on file tariffs for
pl_.~_..ed and unplarmnd tr,~sslon service, and
~AS, in Rte ]ntet~t of promoting the efficient and economically -~table use or,he
]~RCOT transmlss3on ~ thc lmmes a~ree that ~t ts desirable to develop a means
sueanginmg the admmtstr~v~ aspects of transactl~ business within the ]~RCOT transmission
tn;I. including, vathout hm~t~,lOI~ ObVlitlJ:lg thc ~ to ex~lllt~ ~ 8[{l'~I:][Oants with
t~a, tsmtsston-ownm~ ut~hty revolved tn a trm~mssion service i~.~tion, provided, however,
that Customer is not obi,gated to execute this Agreem=nt, but may, m its dtscr~mi, elect instead
to execntz mchvidual transmiss~on service tariff a~eements with the txansmisston-owmng
utlhtieS, and provided forth~r, however, that Customer and ERCOT ecknowl~lge that ERCOT
bas nol aulhority ns ngant to waive the n~hts or' nay tmnsm~on-ownm~ utihty to c. kallznge tn
court the vahdity of Substanuve Rules 23 67 and 23 ?0, or their npphcauon to nny
involving such utlhty and Customer and that a transm~ssion-ownm8 vahty that al;tees to the
execution of this Asreemant by F~COT on its behalf expressly reserves st~h
NOW ~OR2, m constderet~on of the mutual promises contained hereto, the
perttas agree as follows
1. (~) Th," trans_mission-ownml; uttht~es whose tariffs arc hsted m Schedule A
have agreed and the Customer agrees that execution of this A~eemem sl~ll cons~tute execution
by Cu~aomer of all applicable planned and u~la~-d trs~sxmss~on service tariff a~reements
(mcludlng applicable talc schedules and terms end condmons) Thc tariffs trtcluded m Schedule
A (tn ~ts current form, or ns ~t may be ~tsed f~om ~,me to amc) are ~ncorporated he. em by
reference for all purposes ~; is understood and aSrced that the terms and condlltoas nf such
tanffs are subject to chartist fi'om tune to time, wl~h the approval of rc~tla~ory ~ugxtt-lt~es having
junschcl~on thereof, and such changes shall automatically become apphcable to Customer based
upon the effective date of t~e approved ~la~¢ The transminsion-ownm8 airlines hated on
Schedule A will Ixo~de planned and unplanned mmsm~ss~on s=rvwe to Customer and Cu~ome~
will ~ such ser~c= tn accordance with such tani~s Customer understands and nsrces that
BRCOT ~s executing thi~ A~reentant only tn its representaUve capacity as the agent for
transmission-owning ut~hties listed m Schadul~ A, w~th only the anthonry to exccutc th~s
A~man~ on their behalf and wtth no authonry to commumcate, negotiate or vary the terms and
conchtlons of s~wtce to be provided tulder this Al~rec'mc~ By executing th~s .a,,~reement,
]~COT is not obhi[a~rig ttself ~o provide any service to Customer and does not assume any
obh~atlon or habxht~ m conncctloll w~th any serwce proYtded to Customer by any tran.,~m*sslon-
ownm~ uuhty
(b) It will be necessary for customer to make amml~emants d~ectly w~r.h those
Ira~smiss~on-owm~g utihtles whose tanl~s are listed m Schedule B (m its cun~nt furm, or ~s
may be revised from ~,me to ume).
2 Customer a~rees to pay to the transm~ss~on-ownm~ uuhues listed on Schedule A
thc facilities chat'~s for planued tr~smisslon service owed to such transmlss~on"ov"'~m$ u~hhe~
m accolgance with the pncm~ and payment methodolo~es and tan~s approved by the Pubhc
Ut~hty Commission of Texas for ph~ed transmms~on service C~..~omer acknowledses that thc
planned transmission service facihties charge prlcin~ and payment mathodolo~es are subject to
juchclal challenge and a~ree~ thai, jf ~t ]s determined subsequent to the ct~e hereof that the
lmcm~ or payment methogolo~les are invalid, Customer's obh~l~ns to pay sbel! be m
ancordance vath a final ~uchc~al deciston or settlement-
Customer a~rees to comply vath all apphcablc BP. COT C~mdes, including,
w~thout hm,ta~on, ~he 0paratm~ CJu~es It LS uudc~t00d and a~reed that such Guides are
sublec~ to chani~e from tune to time., ~ such chanl~es shall automatically become apphceble to
Customer based upon ~ effecuve date of thc approved chan~¢
4 Customer a~roes to pay the transmisston-ownmlt imbues hsted o~ Schedule A for
losses associated ~ each transa~on under th~ A~reemen~, which losses shall be calculated
and paid m accoldance with F.~COT loss a~countm~ methedolol~Y Cusrl~ncr ackllowled~cs that
the ]~COT loss accountmS metho,t_olo$,y is subject to jucltcial challenge and a~rees tha~ if it m
deter,m~ed subsequent to the date hereof thai the BRCOT Mss ancountml~ methodolosy is
mvahd, Ctatorner's obhtatlons to pay shall be m accordance with a ffmlll judtcml decision or
settlenlent
The Customer's mmlm~ address, hdling address Of chfferc~t from the marling
addr~), telephone number, facsmulc number, and the name of an authorized rcprcsentatxve of
the CUstomer are listed on SchcduleC Customer will promptly notify the ]ER,COT ISO, m
wntm$, of any chan~es to the mformahon hsted on Schedule C
6 ~t ~s understood ancl a~recd that the uuuanon and conmma~on of transmission
scrvlc¢ unclc~ tius A~ree~-nt is subject to
(a) the rcqutrements m Substanuve Rule 23 70 (e) for the tuittation of servtce,
2
~010/014
execution and contt~!m~on of a~-eemants vath appropnacc se, t'vice pm,adefs for
any dt~n'but~on level wholesale la~nsm~sslon ser~ce necasserF for thc Iransachon,
(c) any credit t~-,vmws and related requtrements t~iutred by a transmissxon-ownml~
uuh~y hsted on Schedule A m accordance w~th .qllbitantlVe RIIIe 23 70(m)
? This asreemant does not mnend, supersede, modify, affeot or terminate any other
agrccntant between the Customer and any of the transmission-owning
A, unless other~se e0cp~easly a~t~d tn wntm~ by thc Customer and thc t~ausmmmon-ov~m_e
8 This Agreement shall continue m effect unul ~ermmatcd by either party Such
tet-mmardon shall be e~ected by provldm$ wnttan notice to the other party ac ~ ninety (90)
days ta advance of the da~e of termination However. obl~atmns to make payments whe~x due,
as well as any other obltptions th~ by h~,ir nature survive t~,~mauon, shall sm'vive termmauon
of thru ABz~'men~, Te~_ ,,,s*,on of flus A~reement by a u-anmmsston-ownins utlhty hs~t on
Schedtlle A wtll only ,~onsttml'e te,m,,,~*,on as Go thac termmacm~ ut~hty and thc A~-eem~t vail
re~axrt m cfi'cci as to the ~ trans~llssion-ownln~ utihties listed on .qchedtll~ A
Tcrmmanon of this Alireemant shall not lum~ al~er, a~c~, or terminate any apphcable tariff or
other a~-emnent in any way
Tr~,~ssion-Ownmg Lltthilas hst~ m $cl~dule A to s~ek r~oluuon of any dispute that arises
ov~ ~ p~ovlsloll o£ Ira~l,sml~toI~ s~r~c~, or th~ pncm~ or other ~rms or cond~ilo~s of
u-ans~,~on s~w~c¢, under th~ pmvistons of Substant~v~ l~ule 23.6? (s)
The parues ba~e caused ~ A~reemeu~ to be ex~cutmt as ofth~ da~ se~ for, h shov~
CUSTOMEI~ I!LI~CTRIC EELL~ILITY COUNCIL
TEXAS,
By By
Tide Title
Ti'us A.l~,'eemm~ is made, ~u',~re~ into, and g~Uve
~go~ p~-t m Sub~uve ~ 23 67 ~d 23 70 pmm~t~ ~ ~ Pub~ U~
Co~m,~n ofT~; ~d
~ ~e v~ u~ S~ ~ 23 67 ~d 23 70, or
~u of~ A~t by ~C~ ~ ~s ~elf ~y ~s~ such n~,
NOW, ~0~ m conslde~on of ~ m~
p~o ~ ~ ~11o~:
~ ~ ~d ~e C~ ~ ~ ~tiou of ~ A~c~c~t ~n c~o ~u~n
· ppll~le ~ ~ ~d ~ ~d co~mo~) ~e
c~re~, fo~, or ~ tt ~y be ~ ~m ~e to me) ~ ~c~o~ed h~ by rc~e for
all ~os~ h ~s ~tood ~ ~e~ ~at t~ t~s ~ con~ons of s~h ~ ~ subject
~ ~ such ~es sh~ au~a~cnlly b~e appt~ble to C~om~ b~cd
~H~ ~e of ~e app~ed ~e The ~sm~on~ u~[IH~ hst~ on Sch~le A
~rd~ce ~ s~h ~ffs C~t~er ~t~ ~d
Agrarian! only m ~ts representsttve capacity a~ the agent for tho transmlsswn-ownmg t~httes
listed m Schedule A, wzth only the authority to ~xe~ute this A~¢em~nt on their behalf and with
no authority to commumcale, n~go~iate or v~'}, the terms and concht~ons of service to be provided
under th~s Agr~lnant By ~xeculmg the Ag~cment, ER,COT ~s not obhga~nS Itself to provide
any service to Customer and does not as~mn¢ any obl~at~on or habihty m connec~on vath any
serwce[provlded lo Cuatom~' by any iransrmssion-ownmJ~ utthty
(b) It vail be n~cessary for customer to make arrangements du~tly with those
trav_~m!ssion-ow~ing uuhtl~ whoss tani~ ~re hstcd m Schedule B (tn ~ts current form, or
may b~ r~r,~s~d ~ tune to tun~)
2, Customer agrees to oomply w~th all apphcable ER. COT Grades, including,
· mthout lum~at~oa, the Operating Guidss It ~s understood and agreed that such Guld~ ar~
subject to chan~ from ume ~o time, and stroh changes shall amomaucally bccora~ applicable to
Clx~m~' based upori the effective date of the approved ch~ge
3. Customer a~re~ to pay the transm~ss~an-ownmg ut~ht~es ksted on Sch~ule A for
loss~ associat~l with each ~ansa~ton under ~als Agr¢cm~t, whtch losses shall be calculated
and plmi in acco~lznce with ERCOT loss accotm~xng methodology. Customer eclatowledg~ thai
the ER,COT loss ~countmg meth~iolo~ is sublect ~o .~uchcml challenge and a~s that,
determtnzd subs~quant to thc date hereof that the ERCOT lobs aceoungng methodology is
t~valtd, Customer's obhgatlons to pay shall be m accordance with a final .~ud~ctal decision or
$¢~leraant
4, '1~ Customer's marling add~.ss, b,l!~nlt adch~s (if dlff~,re~t from the
sd~__~s), telaphon¢ number, facsnnd¢ number, and thc name of an authonz~l r~r~scnu~w of
the Customer a~e listed on Sch~lnle C Cuswlner w~ll promptly noli~'y the ER.COT ISO, m
wntm~, ofa~V cha~es to the mform~o~ hst~d on ~chedule C
It ~s un~rstood and agr~cl that thc ulltlation and conimllatlon of tr~sm~ss~on
service under tlus Agreeraen~ ~s sub~'x to
(a) the rcqlllrelllelltS in Sllbstsritlve Rule 2~ ?0 (e) for the ruination of service,
(b) oxeoutlon and con~nuaUon of agreements wxth appropriate service p~o~aclers for
any chstnbution love| wholesale transmission service nec~sary for the mmsacuon,
(c) any cr~ht reviews and releted requirements required by a ~r~,~sm~sion-ownmg
utility ksted on Schedule A m accordance with $~b~tar~tlve R.u[¢ 1t3
6 Thts Ag~cment do~s not amend, supersede, modify, affect or r~munate any other
~ent betwuan thc Custon~r and any of the transm~sslon.-ownmg uttht~es hsd;ed on Schedule
A, unless otherwise expressly a~reed in wntmg by the C~tomer and the ~:ansnusslon-ownml~
utility
? This A~reement shall continue m effect until umnmated by either party Such
tenmn~lon shall bc ~tYecled by pro~dmlt wnt~e~ nottc¢ ~o the other parry al least thuly (30)
days m advance of thc date of termlllalmn Howevct, obhll~at~ons to make pay~nents when duc,
as well as any o~hat obh~l~tons that by ~he~r nature survxve termmatton, d,sl! sur~sve ~_.ammahon
of th~s A~reemcnl Tennm~on of this A~.cment by ~ transmlsslon-Ow~nS utility listed on
Schedule A vail only constitute termination as to that ~cnnmannt utih~y and the Aireeme~t vail
rematll in effeal ~ ~O the remmmn~ ~ansmiss~o~-ow~mE utih~¢s listed on Sch~ul¢
I~.'Jnallon of this A~reeme~t shall not lunlt, aher, affect, or terwmsie any applicable tarl~ or
other a~eme~ m any way
$ l~othtul~ m this Altreement shall affect the rtght of c~thc~ g~e Customer o~ thc
Tian;m~sio~-Ownm~ U~shtte$ hsted tn Sch~lule A to seek resolution of any dispute r. hat arises
ovc~ the provision of lrallsIIll~lon service., or the pncm~ or other terms or conchuons of
u-a~.~inn service, under the provmo~s of Sub~tanuvc l~ule 2~ 67 (s)
The pames have caused tins A~emc~t m be c,lccu~ccl as of the da~c set forth above
BLBCTRIC RELIABILITY COUNCIL O1~
CUSTOlVlF~ TEXAS,
By By
RESOLUTION NO ~
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 1997 ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOP-
MENT WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY
THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED AND
THE NATIONAL AFFORDABLE HOUSING ACT OF 1990, AS AMENDED, AND
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City of Denton, Texas, is concerned with the
development of viable urban communities, including decent housing,
a suitable lzv~ng environment and expanded economlc opportunities,
and
WHEREAS, the C~ty of Denton, Texas, has a special concern for
persons of 10w and moderate income, and
WHEREAS, the City of Denton, Texas, as a CDBG entitlement City
and a Home partlcmpatlng ]ur~sdlctzon, has prepared, through a
citizen part~czpatlon process, a program for utilizing 1ts
entitlement funds and program income ~n the approximate amount of
$1,720,907, and
WHEREAS, cztlzen partlczpatlon requirements, lnclud~ng the
holding of public hearings, have been met, and
WHEREAS, the Community Development Act of 1974 and the National
Affordable Houslng Act of 1990 require an application and appropri-
ate certmf~catlons included in the Consolidated Plan, NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
~ That the C~ty Council of the City of Denton, Texas,
authorizes the City Manager to s~gn and submit to the Department of
Housing and Urban Development an Action Plan and appropriate
certlflcatlons for entitlement funds under the Housing and
Community Development Act of 1974, as amended and the National
Affordable Housing Act of 1990, as amended
~ That the City Council of the City of Denton,
Texas, authorizes the D~rector of Planning and Development to
handle all fiscal and administrative matters related to the
application, the Consolidated Plan and the certifications
~ That the C~ty Secretary is hereby authorized to
furnish copies of this resolution to all interested parties
~ That this resolution shall become effective
immediately upon its passage and approval
PASSED AND APPROVED thzs the ~&~ day of ~_L~. G. , 1997
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
FILE REFERENCE FORM R97-026
Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
FILE(S) Date Initials
JR
Amended by Resolution No. R97-077 12/16/97
JR
Amended by Resolution No. R98-067 12/15/98
JR
Amended by Resolution No. R99-047 09/21/99
JR
Amended by Resolution No. R2000-065 12/19/00
JR
Amended by Resolution No. R2001-072 12/18/01
JR
Amended by Resolution No. R2002-055 12/10/02
JR
Amended by Resolution No. R2004-008 02/03/04
JR
Amended by Resolution No. R2005-008 02/22/05
JR
Amended by Resolution No. R2005-047 11/15/05
JR
Amended by Resolution No. R2006-043 12/19/06
JR
Amended by Resolution No. R2007-028 09/25/07
JR
Amended by Resolution No. R2008-009 03/04/08
JR
Amended by Resolution No. R2009-006 03/03/09
JR
Amended by Resolution No. R2009-028 11/03/09
NOTE Amended by Resolution No. R97-077
Amended by Resolution No R98-067
Amended by Resolution No. R99-047
Amended by ResolutIon No R2000-065
Amended by ResolutIon No. R2001-072
RESOLUTION NO ~q Q -- O,~ ~'
A RESOLUTION AMENDING THE INVESTMENT POLICY FOR FUNDS FOR THE CITY
OF DENTON, DESIGNATING THE INTERNAL AUDITOR AS AN INVESTMENT OFFI-
CER, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council passed Resolution No R96-061 on October 15, 1996,
which adopted an investment policy for funds for the City, m comphance wath the Public Funds
Investment Act, 74th Leg, ch 402, 1995 Tex Sess Law Serv 2958 (Vernon) (TEX GOV'T
CODE Ann ch 2256), and
WHEREAS, the City Cotmcfl desires to amend the Investment Policy to provide for m-
dependent review by an individual or finn designated by the Execulave Director of Finance and
to designate tho Internal Auditor as an Investment Officer, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES
~ That Section III of the City's Investment Policy, Administrative Proce-
dure/Admlmstratlve Directive, No 408 04, shall be amended to incorporate the following
changes
(a) That the caption of Section III shall read as follows III INVESTMENT STRAT-
EGY FOR SPECIFIC FUND GROUPS
(b) That a new sentence shall be added to Section III 2 that will read as follows
"A dollar weighted average maturity of 550 days or less will be mmntatned and calcu-
lated by using the stated f'mal maturity date of each security"
(c) That a new sentence shall be added to Secuon III 3 to read as follows
"A dollar weighted average maturity of 650 days or less will be malntmned and calcu-
lated by using the stated final maturity date of each security"
(d) That a new sentence shall be added to Section III 4 that will read as follows
"A dollar weighted average maturity of 365 days or less will be mmntalned and calcu-
lated by using the stated final maturity date of each security"
ECT~ That the caption of Section IV of the City's Investment Policy, Adminis-
trative Procedure/Adm~mstratlve Dlrectwe, No 408 04, m hereby amended to read as follows
IV INVESTMENT STRATEGY FOR ALL FUND GROUPS
~ That The next to last sentence of the first paragraph of subsection VI (A)
"Responsibility and Standard" of the C~ty's Investment Pohcy, Administrative Proce-
dure/Adm~mstrat~ve Directive, No 408 04, xs hereby amended to read as follows
"The controls shall ~nclude a monthly process of independent review by an lnd~mdual or
firm designated by the Executive D~rector of Finance, and an annual rewew by an exter-
nal auditor"
SECTION IV That subsections (A)(7) and (C)(1) of Section VII "Investment," are
hereby amended to read as follows
A 7 Joint constant dollar pools of pohtieal subdiv~s~ons of the State of Texas whmh in-
vest m mstnunents and follow practxces allowed by current law (Max~mttm average dollar-
weighted maturity must be 60 days or less )
C 1 Risk of market price volat~hty shall be controlled through maturity d~versfficat~on
and by controlling unacceptable maturity extensions and a mismatch of hablhttes and assets
The maturity extensions wall be controlled by hm~ted the weighted average maturity of the entire
portfoho to 550 days All long term maturities wall be intended to cover long term habflitxes In
add~tmn, five pement (5%) of the funds ~n the portfolio wall be hqmd at all t~mes
SECTION V That the Internal Auditor is hereby designated an Investment Officer for
the purposes of the Investment Pohcy
SECTION VI That save and except as amended hereby, all the remmnlng sections, sub-
secUons, paragraphs, sentences, clauses, and phrases of the Investment Pohcy shall remmn in full
force and effect
~N VII That this resolutmn shall become effective ~mmedmtely upon its passage
and approval
PASSED AND APPROVED this the /t~/"" day of ~./}t~_ ,1997
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
E \DOCS\REStS-MEND INVESTMENT POLICY
Page 3
Do,eument
RESOLUTION NO
A RESOLUTION ESTABLISHING THE MAXIMUM RATES THAT MARCUS CABLE AS-
SOCIATES, L L P MAY CHARGE ITS DENTON CABLE TELEVISION SUBSCRIBERS
FOR THE BASIC SERVICE TIER AND ASSOCIATED EQUIPMENT, ESTABLISHING A
MAXIMUM HOURLY SERVICE CHARGE, PROVIDING A SEVERABILITY CLAUSE,
AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Denton ("City") is the Grantor of a Franchise Ordinance exe-
cuted on or about November 15, 1988, by and between the City and Sammons Commumcatlons,
Inc ("Sammons"), winch the City, by ordinance on September 19, 1995, approved the transfer of
the Franeinse Ordinance along with attached amendments to Marcus Cable Associates, L L P
("Marcus"), and
WHEREAS, on May 17, 1994, the City Council passed Resolution No R94-019 author-
lZlng the regulation of basic service t~er rates and related equipment, installation, and service
charges or any cable television system operating vathln the City in accordance with the applica-
ble Federal Communications Commission ("FCC") regulations, and
WHEREAS, on July 2, 1996, the City Council passed Resolution No R96-027 authonz-
lng changes in the rates that Marcus may charge its Denton cable television subscribers for the
basic service tier and associated eqmpment, and
WHEREAS, the City, pursuant to the Cable Consumer Protection and Competition Act of
1992 (''Cable Act") and the rules and regulations adopted thereunder by the FCC and other ap-
phcable laws, is certified as a franchising anthonty to regulate the rates for the basic cable serv-
ice, equipment, and installation rates, and
WHEREAS, in accordance w~th Section 8-136 "Rates", of the Code of Ordinances of the
City of Denton, Texas and in accordance with Section XXI "Rates" of the Franchise, Marcus
filed a petition wuth the City on or about February 28, 1997 along with FCC Forms 1205 and
1240, In conformance with this section and all applicable laws, requesting a change in its basic
cable service, eqmpment, and installation rates as above described, which the City is certified to
regulate, and
WHEREAS, the City held a public heanng in conformance with Section 8-136 of the
Code of Ordinances of the City of Denton on May 20, 1997, after all interested cmzens had been
properly,notified m accordance with the law, and all interested members of the public had an op-
pormmty to be heard, and
WHEREAS, as the local regulator of rates for the basic service tier, the City may choose
to make a rate ruling on the proposed rates submitted by Marcus to be charged to subscribers of
the basic service tier, and
WHEREAS, the City has reviewed and determined that Marcus' adjusted rates reflected
m its FCC Form 1240 and revised FCC Form 1205 are justified under FCC rules and regulations
and the City Council desires to make a rate ruhng adoptang these revised rates, NOW, THERE-
FORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES
SECTION I Findings
(1) The City as the Grantor of a Franchise Ordinance executed on or about November 15,
1988, by and between the City and Sammons
(2) The Franchise Ordinance, as amended, was transferred to Marcus, an accordance with
the terms and conditaons of that ordinance on or about September 19, 1995
(3) In accordance with the applicable provisions of the Cable Act, the roles adopted by
the FCC,i Chapter 8 of the Code of Ordinances of the Caty of Denton, Resolution No R94-019,
and other applicable laws, the City has undertaken all appropriate procedural steps to regulate the
basic cable serwce taer and related equipment
(4) In accordance w~th the applicable FCC regulations, on or about January 7, 1994, the
City filed FCC Form 328 - Certffieation of Franchising Authority to Regulate Basic Cable
Service Rates and Imtlal Finding of Lack of Effectave Competatlon - with the FCC
(5) In accordance w~th applicable FCC regulataons, on or about May 17, 1994, the City
passed and adopted a resolution providing for the regulation of rates charged by cable televaslon
operators wathm the City for the bas~e servace tier and related equipment and installation charges
(6) On or about February 28, 1997, Marcus submatted FCC Form 1205 and Form 1240 to
the City
(7) Pursuant to FCC regulations and apphcable law, on or about May 20, 1997, the City
held a pubhc hearing and gave the public adequate opportunity to comment on the proposed rate
request Prior to the public hearing, the City regularly conducted meetings which were open to
the public, in accordance with the Texas Open Meetings Act, TEX GOV'T CODE ch 551, and
provided, an opportumty for interested parties to present anformataon to the City during the
meeting of May 20, 1997, or at prior public meetings
(8) The City must act upon the pending rate request consastent with current FCC rules
and regulataons and other applicable laws
SECTION II Conclusions
(1) That for the period begmmng June 1, 1997 until May 31, 1998, Marcus' request for
cable ral;es approval for the maximum permitted rate for basic cable servme (these numbers do
include the 5% franchise fee) of $10 37 per month, as reflected m Form 1240 filed with the City,
which lS~ attached hereto and made a part ofthas resolutaon, is granted and approved
Page 2
(2) That for the period begmmng June 1, 1997 until May 31, 1998, Marcus' request for
cable rats approval for the maximum permitted charge for installation and hourly service (these
numbers ~lo include the 5% franchise fee) of $19 98, as reflected in Form 1205, which as attached
hereto and made a part of this resolution, is granted and approved
(3) For the period begmmng June 1, 1997 until May 31, 1998, Marcus' request for the
maximum fee (these numbers do include the 5% franchise fee) for leased customer equipment of
remote control - $0 17, non-addressable converter ~ $1 00, and addressable converter - $2 70, as
reflected m Form 1205, which as attached hereto and made a part of this resolution, ~s granted
and approved
SECTION III Incorporation of Fmd~ngs and Conclusions That the Findings and Con-
elusxons set forth m Sections I and II of tins resolution are found to be tree and correct and are
made a part of this resolnt~on for all purposes
SECTION IV Orders for Aetton Based on the foreguing Findings and Conclusions, the
City Council hereby enters the following orders adopting the rates reflected in Forms 1240 and
1205
(1) Pursuant to current FCC regulations and applicable law, for the period commencing
June l, 1997 until May 31, 1998, or until further order of the City, Marcus will be permitted to
charge an untsal rate for the basic cable service of $10 37 per month (these numbers do ~nelude
the 5% franchise fee)
(2) Pursuant to current FCC regulations and apphcable law, for the period commencing
June 1, ~997 until May 31, 1998, or until further order of the Cxty, Marcus will be permitted to
charge the follovang equipment and installation rates (these numbers do include the 5% fran-
chise fee)
Equipment & Installation Maximum Permitted Rate
Hourly Serwce Charge $19 98
Remote Control $ 0 17
Converter (Addressable) $ 2 70
Converter (Non-Addressable) $1 00
(3) Tins resolution shall not be reconsidered should any further analysis pursuant to fu-
ture FCC rules and regulations result m or md~eate higher rates to subscribers, unless such future
FCC Rules and regulations mandate that the C~ty order such an upward adjustment
(4) The C~ty Manager and the City Attorney, or their designees, are hereby authorized
and directed to take action necessary to enforce the orders contained m this resolution, ~neluding,
w~thout hm~tatton, to execute and file with the FCC such certification form documents or other
Page 3
instruments or take any other actions as are now or hereafter may be reqmred by the FCC rate
regulations or apphcable laws to enfome the rate ruling set forth here~n, to defend th~s rate mhng
~n any appeal to the FCC, admlmstrat~ve proceeding or ht~gat~on mvolwng th~s matter
(5) That the C~ty Secretary ~s hereby d~rected to send a certified copy ofth~s resolution to
Marcus
S[{CTION V. That ~f any sectmn, subsectton, paragraph, sentence, clause, phrase or
word ~n thts resolutmn, or apphcatmn thereof to any person or c, rcumstances ~s held ~nvalld by
any court of competent junsd~ctmn, such holding shall not affect the vahd~ty of the remmmng
portmns of th~s ordinance, and the C~ty Council of the C~ty of Denton, Texas hereby declares ~t
would have enacted such remmmng portions despite any such vahdlty
SECTION VI That the C~ty Council has found and determ,ned that the meeting at whmh
th~s resolutmn ~s considered ~s open to the pubhc and that not,ce thereof was given ~n accordance
w~th the prowsmns of the Texas Open Meetings Act, TEX GOV'T CODE ch 551, as amended
SECTION VII That th~s resolutaon shall become effective ~mmedmtely upon ~ts passage
and approval
PASSED AND APPROVED this the /~ day of ~, 1997
JAC~/t~IILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
//
APt~VED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
E \DOCSkRES\CABLE RATE RESOLUTION
Page 4
C \DOCS\RES\9-1-1 RES
RESOL=IO NO
A RESOLUTION NOMINATING A MEMBER TO THE BOARD OF MANAGERS OF THE
DENCO AREA 9-1-1 DISTRICT, AND DECLARING AN EFFECTIVE DATE
WHEREAS, the term of office of Olive Stephens, a member of the
Board of Managers of the Denco 9-1-1 District, will expire on
September 30, 1997, and
WHEREAS, Article 1432e, Section 5, V A C S provides that two
voting members of the Board of Managers of an Emergency Communica-
tion District shall be appointed jointly by all cities and towns
lying wholly or partly wmth the district, and
WHEREAS, the C~ty of Denton, Texas w~shes to nominate a member
to said Board, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY RESOLVES
C~~ That the City of Denton, Texas hereby nominates
~tmJ as a member to the Board of Managers
of the EmergenCy Communication D~strlct of Denton County for a two
year term to commence October 1, 1997
SECTION II That this resolution shall become effective
immediately upon ~ts passage and approval
PASSED AND APPROVED this the ~ day of ~ , 1997
~AC~ILLER~ V'~YOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
AP ED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
A \CENTAPPR RES
RESOLUTION NO
A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING THE 1997-1998
BUDGET OF THE DENTON CENTRAL APPRAISAL DISTRICT, AND DECLARING AN
EFFECTIVE DATE
WHEREAS, the 1997-98 proposed budget of the Denton Central
Appraisal Dlstrlct was submitted to the City of Denton before July
8, 1996, and
WHEREAS, the Denton Central Appraisal Dlstr~ct adopted th~s
proposed budget on June 26, 1997, and
WHEREAS, the City of Denton has 30 days from the adoption of
the proposed budget by the Denton County Appraisal Dlstr~ct to
adopt a resolution approvlng or disapproving ~t, and
WHEREAS, the proposed budget contains a list showing each
proposed position, the proposed salary for the position, all
benefits proposed for the position, each proposed capital expendi-
ture, and an estimate of the amount of the budget that will be
allocated to the Clty of Denton, Texas, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
SECTION I That the City Council, pursuant to Article 6 06 of
the Texas Tax Code, approves the 1997-98 budget adopted by the
Denton Central Appraisal District
SECTION II. That this resolution shall become effective
~mmediately upon th~s passage and approval
PASSED AND APPROVED this the /~ day of ~/~/~/~ , 1997
JA~LLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
RESOLUTIO
A RESOLUTION SUPPORTING PRINCIPLES EMBODIED IN THE STREAMLINED
TRANSPORTATION EFFICIENCY PROGRAM FOR THE 21ST CENTURY AND THE
TEXAS TRANSPORTATION COMMISSION RESOLUTION ON ITS IMPLEMENTATION;
AND PROVIDING AN EFFECTIVE DATE.
W~EREAS, the City of Denton City Council, comprised of local
elected officials, is the transportation policy body associated
with the city; and
WMEREAS, the City of Denton supports the Regional
Transportation Council which is comprised of local elected
officials and is the transportation policy body associated with the
North Central Texas Council of Governments, the Metropolitan
Planning Organization designated by the Governor of Texas in
accordance with federal law; and
WMEREAS, the Regional Transportational Council is charged with
the responsibility of preparing and maintaining the Metropolitan
Transportation Plan, developing the Transportation Improvement
Program; and conducting air quality conformity analysis for the
Dallas-Fort Worth Metropolitan Area; and
WMEREAS, the City of Denton supports the Regional
Transportation Council resolution, passed in December 1996,
endorsing a federal legislative strategy which, in part, states
that "Mlghway Trust Fund revenues shall benefit contributors"; and
WHEREAS, the State of texas annually receives 25 percent less
federal gasoline tax revenue from the federal government than it
collects from gasoline sold in Texas, costing our state
approximately $200 million per year in lost revenue, and
WHEREAS, the Texas Department of Transportation projects that
only 33 percent of the transportation needs in Texas can be met
over the next 10 years, and the North Central Texas Council of
governments projects that only 30 percent of North Central Texas
needs can be met over the next 24 years, and
WHEREAS, the Regional Transportation Council has taken a
leadership role in its implementation of the Intermodal Surface
Transportation Efficiency Act of 1991 and wishes to extend and
enhance its success in developing partnerships, conducting
transportation planning, and selecting and programming
transportation projects; and
WHEREAS, the Intermodal Surface Transportation Efficiency Act
of 1991 (ISTEA) expires on September 30, 1997, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
S__F~. The city of Denton endorses the principles of
funding equity contained in the proposed legislatIon entitled the
Streamlined Transportation Efficiency Program for the 21st Century
(STEP 21), embodied ~n the "ISTEA Integrlty Restoration Act," and
encourages Congress to use modern factors ~n allocating federal gas
tax revenues.
S~CTION II. The City of Denton endorses the Texas
Transportation Commission resolution on the policy principles used
for STEP 21 lmplementatlon in Texas (attached).
~_~. The City of Denton applauds the leadership of
the Texas Department of Transportation (TxDOT) in developing
national legislation aimed at highlighting the significant inequity
to Texas and other states of antiquated funding formulas.
SECTION IV. The Clty of Denton accepts the ~nv~tat~on of
TxDOT "to support and work toward a successful adoption of the
principles in the STEP 21 proposal." We pledge to work with TxDOT
to address the funding inequities present in the existing ISTEA
legislation and address local government and Regional
Transportation Council concerns including air quality emissions in
th~s region.
SECTION V. This resolution will be transmitted to the Texas
Congressional delegation, Congressional Transportation Committee
Chairs, North Central Texas Legislat~ve delegation, the Governor,
the TeXas Transportation Commission, TxDOT administration, local
governments from North Central Texas Region, Texas Metropolitan
Planning Organizations, the national Association of Metropolitan
Planning Organizations, and the Partners in Mobll~ty, and other
transportation interest groups.
SO_S_~. This resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED th~s the ~ day of~ ,
%
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
PAGE 2
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
PAGE 3
07/~2/97 15 12 ~$405028 NCTCOG TRANSPORT ~004/00~
RESOLUTION
WB~)Ri~AS, th~ L~termodal Surfac~ Transportaho. E~cmncy Act of 1991 (ISTEA) ~i~5 on
S~pt~r ]0, 1997, and
W~. t~ N~tmon's tr~po~on m~t~Gture plays an int~ p~ tn the Nntlon's
eco~my and t~ T~ t~nsponation system ts n k~ component of the N~tlon~ network nad
WHE~. the U S Dep~m~t of T~sponatmn has repo~ that the nnt~on'~
flet~rk Is m ~ n~ of~ substanh~ met eaae m tho le~l of fi~tcJal investment ~o brln~ the
Syst~ up ~o s~d~d ~d tn me~ ~p~dms traflsporta~mfl dem~ds, and
WHE~AS, a stro~ Ntttonal Ha~y Syst~ reqmrcs ad~uate suppo~ to prowde mobility
~d ec~k benefits ~or ~l S~nt~ ~d the natson ~ a ~hole nd to ensure the vital T~
t~sp0mtion system ia confl~ to the [est of the nation. ~d
WHK~AS. our Na0on n~; n s;mpler, more ~cspoaswe f~e~l su~sce tr~spo~atmn pro,ram
tf w= [m to ~spond eff~ti~ly to the transposition challenge; ~td oppo~mues w= wd] confront
~ ~ en~r t~ 21~ Ce, tu~'. nad
WHER~S. ~ m~e ~[e ~e~l su~e tr~nspo~uon progrnm ~11 ~tCr e~ble St~es.
wor~s to~ w~th t~e. local p~ners, to develop Iocnl~ crn~.d soluhons to m~t Io~ally
~denttfled tr~spo~t~on ne~ds and
W~S. Ihs Cmner~ ~countin~ O~ has d~te~d ~t current IS~ ~m~
are no~ ,~d~b~d ~ u~ outdated ~tors for d~buung ~s ~mong the Smt~. ~d
W~. t~ fo~ulas ~d m the STEP 2T proposal (St~mlmed Tr~spo~atton
Pro,tm for the 21st Ceatu~) cmbodmd m the "IS~A lnt~n~ Restor~uon Act" fil~ by
Con,espn Tom DeLay (R - T~M) and Sefl~or John Wame (R - Virginia) are b~
mod~n f~to~ cio~y Mmcmt~ with the use of the tran~onatton syst~s and
WHK~S. the upcoming reau~hon~tmn of f~e~l suff~e t~ansponauon progr~a represents
a c~ ~tl~ oppo~nlty to ensutc t~t the ~tute methods of atlocatl~ federal trnnapa~&tlon Funds
~mons t~ ~te~ ~e ~m~ie and fait .tad take rote con~derauon the t~e modern nceds of the
syst~ ~d
Ptowde muht-y~ ~tho~tmn fm· strophe, co~hdat~, and ~uately
~ federal suff~e transpo~at~on program, provldm$ each state
flexnbthty to racet u~que state needs.
2 R~pond to the k~ federal surface transpo~nt~on respons~b~hU by supposing
co~ohdated, nd~uatety ~nded and more fl~xtble National H~ghway System.
07/22/97 15 12 '~640302~ NCTCOG TRANSPORT ~005/00S
Streamlmo thc burfac= l'ranspo~atlon Prol~ram to provide ~ra[es and
Sovernments x~th grater ~lblhty tO 6~d~S local tr~nspo~at~on n~s including
complines ~th Clan ~r Act m~ndetes m ~o~attammenl
4, Provide a much f~r~ hal=co bctw~n ~ch state's hsghwav tax conmbuttons to
the Ht8hwav ~oount ot the te~er=l H~Ahw~y T~st Fund and fimd~ that
re.wes from that ~nd whde continuing to assist all ~t~tes m pro~dmg road
systems urgently needed ~ot natmnal and re~lonal, mobthty e~OltOliltC
connectl~W mle~ttona[ compcutweness, and ~tlonal defense,
Prese~e IS~A paRnershtp$ wtth local governments that mglud~ lo~al
gOVelnment$ and ;ll~tOpOlltn~ pl~m~g or~a~tzatlons m thc dcc~slon makm$
process for tran~poRatmn planing ~d p~qecl selection, and r~aln the IS~A
suballocatmn of f~eral ~nds to transpo~atmn m~agement areas and
6 Pr~eme ]STEA federal traas~z progranl~ and ~ndmg alru~ture
NOW, I'HEREFO~, DE IT ~SOL~TB II,at the Texas Transpo~tattoll Comm~ss,on
supports the Strcamhncd Trnnsponatmn E~c~enc~ Program lot lhe 2lst Centu~ emboched
BE ~T ~TH~R ~SObV~D that the Tax~s Transpo~atmn Comm~smon ¢n~ou~ages
T~as,Con~mnal DeleB~tmn the Qo~etnor. ~he I semen~nt Oovernur the Spiker oEthe
Tex~ House oE~ptesentauve~ and members of the Taxas ttanspor~al~on commumty ~o ~uppor~
~ work t~wa~d d~e suc~es~l adopuon or,he prme~pte~ included m the 5T~P 21 proposal, and
IT IS FU~T~ER O~[~D that the Cxecutlve D~rector ot the I exas Depa~ment of
Transpo~tetmn wdl work cooperatively ~th othm ~tates the Te~s Congressmn~l Dele$atson,
state elect~ o~otals the Texas or, ce of 5tale-Federal Relat*ofls local elected offtcmla
metropohta, planmng or~mzatmns and othe~ mtmestcd palms to fac.htate the mciusmn of the
S3 EP 21 pnnc~ples m the reauthon~t*on process
Dasd M Lan~. Chmman
Davtd Berns~ember
Texas Tra~ponatton Com~SStOn
~ne S %~nne Memb~
Texas Tran~po.anon ~Omm~$$1on
DoCument
E \DOCS\RES\~IESE RES
RESOLUTION
A RESOLUTION APPOINTING BILL GIESE TO THE BOARD OF DIRECTORS OF THE
TEXAS MUNICIPAL POWER AGENCY, AND DECLARING AN EFFECTIVE DATE
WHEREAS, term of office of Bill Glese on the Board of Dlrectors
of the Texas Municipal Power Agency has expired, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES
SECTION I That pursuant to the terms and provisions of
Ordinance No 75-22 of the City of Denton, Texas, Bill G~ese is
hereby appointed to a two year term of off~ce on the Board of
D~rec~ors of the Texas Municipal Power Agency, the term of off~ce
beginning July 31, 1997 and ending July 30, 1999
~ That this resolution shall become effective
immediately upon its passage and approval
PASSED AND APPROVED this the~day of ~~,1997
JACK~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
A RESOLUTION VOTING FOR A MEMBER TO THE BOARD OF MANAGERS OF THE
DENCO AREA 9-1-1 DISTRICT, AND DECLARING AN EFFECTIVE DATE
WHEREAS, the term of office of Olive Stephens, a member of
the Board of Managers of the Denco 9-1-1 District, will expire on
Septe~ber 30, 1997, and
WHEREAS, Article 1432e, Section 5, V A C S provides that two
voting members of the Board of Managers of an Emergency Communzca-
t~on District shall be appointed jointly by all cities and towns
lying wholly or partly with the district, and
WHEREAS, the City of Denton, Texas wishes to vote for a
member to sald Board, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY RESOLVES
Tbat the, City of Denton, Texas hereby votes for
~ as a member of the Board of Managers
of the Emergency'Communlcatlon District of Denton County for a two
year term to commence October 1, 1997
SECTION II That this resolution shall become effective ~m-
medIately upon its passage and appr~
PASSED AND APPROVED this the~/
day of ~ .~~, 1997
JA~MILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO~L~ .yRS.
HERBE~_L~I:rI[O~JTY, CITY~.~ORNEY
SO UTION No X
A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FOR
MISCELLANEOUS DRAINAGE PROJECTS WITH BOND PROCEEDS, AND PROVIDING
AN EFFECTIVE DATE
WHEREAS, the C~ty of Denton (the "Issuer") is a municipal corporataon/pohtleal
subdxvlsion of the State of Texas, and
WHEREAS, the Issuer expects to pay expenditures in connection vath the design,
planning, and construction of the projects descr, bed in Exhibit "A" hereto (the "Projecf') prior to
the issuance of obligations to finance the Project, and
WHEREAS, the Issuer finds, considers, and declares that the rmmbursement of the Issuer
for the payment of such expenditures will be appropriate and consistent w~th the lawful
objectives of the Issuer and, as such, chooses to declare its mtent~on, ~n accordance with the
provisions of Seetxon 1150 2 of the Treasury Regtflat~ons, to reimburse itself for such payments
at such nme as it ~ssues the obhgatlons to finance the Project, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES
SECTION I That the Issuer reasonably expects to recur debt, as one or more series of
obhgataons, vath an aggregate maxmaum pnne~pal amount equal to $30,000 for the purpose of
paying the costs for the costs of the Project
SECTION II That all costs to be reimbursed pursuant hereto will be capital
expendttures No tax-exempt obhgat~ons will be issued by the Issuer in furtherance of this
resolutxon after a date which is later than 18 months after the later of (1) the date the
expenditUres are prod or (2) the date on wbach the property, with respect to wbach such
expenditures were made, ~s placed m service
SECTION III That the foregoing notwithstanding, no tax-exempt obligation will be
~ssued pursuant to flus resolutaon more than three years after the date any expenditure whach is to
be rmmbursed is prod
SECTION IV That this resolutaon shall become effectave immediately upon its passage
and approval
PAS SED AND APPROVED th~s the ,~ dayof ~~ ,1997
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
2
EXHIBIT "A"
Spenser Road Culvert Project near Maylull Road
C \DOCS\RES\DELINQT RES
A RESOLUTION AUTHORIZING THE CITY OF DENTON, AS TRUSTEE AND FOR
ITSELF, TO SOLICIT SEALED BIDS FROM THE PUBLIC REGARDING THE SALE
OF REAL PROPERTY, CONSENTING TO THE SALE OF CERTAIN REAL PROPERTY
TO THE HIGHEST BIDDER BY MEANS OF PUBLIC SEALED BIDS, AUTHORIZING
THE MAYOR OF THE CITY OF DENTON, TEXAS TO EXECUTE A DEED WITHOUT
WARRANTY ANDANY OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CONVEY
CERTAIN REAL PROPERTY SOLD BY THE CITY OF DENTON, AS TRUSTEE,
PURSUANT TO SECTION 34 05 OF THE TEXAS PROPERTY TAX CODE, AND
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, Cause No 96-0422-367, was filed by the City of
Denton, the County of Denton, the Denton Independent School
Dlstrlct and Denton County Education District, in the 367th
Judicial District Court in and for Denton County, Texas, in order
to collect delinquent taxes owing upon the following described real
property, to wit
BEING Lot 3, Block 6, Alex Robertson Addition, an Addition to
the City of Denton, Denton County, Texas, also being that same
property more particularly described in Volume 2887, Page 897
of the Deed Records, Denton County, Texas, and
WHEREAS, the 367th Judicial District Court in and for Denton
County, Texas, granted Judgment in favor of the taxing jurisdic-
tions of Denton County on August 15, 1996 as follows
County of Denton $ 339 74
City of Denton $ 1,619 71
Denton Independent School District $ 2,716 08
and Denton County Education Dastrlct
Title Research Fees $ 100 00
City of Denton Mowing Liens $ 279 36
Total Due $ 5,054 89
WHEREAS, at the time of said Judgment, at was determaned that
the market value of the above-described real property was
$7,652 00, and
WHEREAS, the above-described real property was offered for sale
on June 3, 1997, by the Sheriff of Denton County, Texas, at a
public auction pursuant to Judgment of the 367th Judicial District
Court in and for Denton County, Texas, for foreclosure of the tax
liens securing payment of the delinquent property taxes, as well as
accrued penalty and interest owing thereon, and
WHEREAS, at said sale, the Sheraff of Denton County, Texas dad
not receive a sufflcaent bid respecting the above-described real
property, as set by law, and the above-descrabed real property was
therefore struck off to the City of Denton, Texas, Trustee,
trust and for itself, the County of Denton, the Denton Indepen-
dent School District, and the Denton County Education District,
pursuant to Section 34 01(c) of the Texas Property Tax Code, and
WHEREAS, all taxing units involved as judgment creditors in the
foregoing Judgement desire to resell the above-described real
property in an expeditious manner, pursuant to Section 34 05 of the
Texas Property Tax Code, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES
S~CTION I. That the City Council of the City of Denton, Texas
authorizes the City of Denton as Trustee, and for the benefit of
itself, and the other taxing jurisdictions in Denton County Texas,
to solicit from the public, sealed b~ds respecting the above-
described real property, and hereby consents to the sale of the
above~described real property to the highest bidder, even if the
highest bid tendered to the City of Denton as Trustee, is less than
the market value of the above-described real property as set forth
in the above-described Judgment of foreclosure or the total amount
of the Judgment against the above-described real property
~ That the Mayor of the City of Denton, Texas
hereby authorized to execute a deed without warranty and any other
documents necessary to convey the above-described real property,
sold by the City of Denton, as Trustee, pursuant to Section 34 05
of the Texas Property Tax Code
SECTION III. That this resolution shall become effective
immediately upon its passage and a~oval
PASSED AND APPROVED th~s the~ day of 1997
JAC~ILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
Appj=' = AL
HERBERT L PROUTY, CITY ATTORNEY
DEED WITHOUT WARRANTY
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DENTON §
That C~ty of Denton, on behalf of itself and as Trustee, for the County of Denton and the Denton
Independent School District, acting through the Mayor, hereunto duly authorized by resolution of its City
Council, which is of record m the Minutes of smd body, for and m consideration of the sum of One
Thousand Five Hundred Dollars and xx/100 ($1,500 00), cash m hand paid by Habitat for Humanity of
Denton, P.O. Box 425, Denton, Denton County, Texas 76202, the receipt of which is acknowledged
and confessed, have conveyed on behalf of itself and as Trustee for the County of Denton and the Denton
Independent School D~stnct and by these presents do convey unto sa~d Habitat for Humanity of Denton
all of the right, title, and interest of City of Denton, Trustee and all other taxing umts Much were parties
to the tax foreclosure Judgment against the property which was acqmred by tax foreclosure sale
heretofore held, smd property being located m Denton County, Texas, and as described as follows
Lot 3, Block 6, Alex Robertson Add~tion, an addition to the C:ty of Denton, Denton County, Texas being
that property more particularly described m Volume 2887, Page 897 of the Deed Records, Dento,i
County, Texas
TO HAVE AND TO HOLD all of ~ts right, title and interest m and to the above described property
and premises unto the said grantee(s), Habitat for Humanity of Denton, their he, rs and assigns forever,
so that neither C~ty of Denton, Trustee, nor any taxing units named above which were parties to the sa~d
tax foreclosure Judgment, nor any person ¢la~mlng under it and them, shall at any time hereafter have,
claun or demand any right or t~tle to the aforesaid property, premises or appurtenances, or any part
thereof
Pursuant to Section §34 05(b) {~f the Texas Property Tax Code, C~ty of Denton, trustee ~s joined in
this conveyance by C~ty of Denton, acting by and through the Mayor, County of Denton, acting by and
through the County Judge, and the Denton Independent School D~stnct, acting by and through the
President of the Board of Trustees
TMs conveyance Is expressly made subject to property taxes for the tax year 1996 and subsequent
years and to any ex~stmg right of redemption remaining m the former owner of the property under the
prows~ons of law.
Grantors have not made, and do not make any representations, warranties or covenants of any kind or
character whatsoever, whether express or nnphed, w~th respect to the quality or condition of the
property, the su~tablhty of the property for any and all actlWtleS and uses which grantees may conduct
thereon, compliance by the property with any laws, rules, ordinances or regulations of any apphcable
governmental authority or habitability, merchantability or fitness for a particular purpose, and
specifically, grantors do not make any representations regarthng hazardous waste, as defined by the Texas
Sohd Waste D~sposal Act and the regulations adopted thereunder, or the U S Environmental Protection
Agency regulations, or the disposal of any hazardous or toxic substances in or on the property
The property ts hereby sold, transferred, and assigned to grantees "as is" and "with all faults"
IN TESTIMONY WHEREOF thE ~lty of Denton, on.behalf of itself and as Trustee, has caused these
presents to be executed on this the//Ln day of..-~~, A D, 1997
CITY O~.]~O N
THE STATE OF TEXAS §
COUNTY OF DENTON §
Before me, the undersigned authority on this day personally appeared .~69c~
M,/]er' ,
MAYOR of CITY OF DENTON, known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed the same for the purposes and
consideration therein expressed and in the capacity therein stated
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the t/~tl day of,~A D,
[ ~I~;] m' co~mon m~ i Notary Public, State of Texas
[ .'~:~ .... mv~ 1~, ~00! ....I My commission expires ~.~-/,~'- ~c7c~/
COUNTY OF DENTON
By
COUNTY JUDGE
THE STATE OF TEXAS §
COUNTY OF DENTON §
Before me, the undersigned authority on this day personally appeared ,
COUNTY JUDGE of COUNTY OF DENTON, known to me to be the person whose name is subscribed
to the foregoing instrument and acknowledged to me that he executexl the same 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 , A D,
1997
Notary Public, State of Texas
My commission expires
DENTON INDEPENDENT SCHOOL DISTRICT
By
PRESIDENT OF THE BOARD OF TRUSTEES
THE STATE OF TEXAS
COUNTY OF DENTON §
Before me, the undersigned authority on th~s day personally appeared ,
PRESIDENT OF THE BOARD OF TRUSTEES of DENTON INDEPENDENT SCHOOL DISTRICT,
known to me to be the person whose name ts subscribed to the foregoing instrument and acknowledged to
me that he executed the same for the purposes and cons~deratton therein expressed and m the capacity
therein stated
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of , A D,
1997
Notary Public, State of Texas
My commission expires
RESOLUTION NO /~q~r.~ ~g~"-
A RESOLUTION CANCELING THE REGULAR CITY COUNCIL MEETING OF
SEPTEMBER 16, 1997, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, to facilitate various staff members attendance of an important conference,
the City Council deems it in the public interest that the regular Council meeting of the City of
Denton, Texas, scheduled for September 16, 1997, be canceled, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
SECTION I That the regular City Council meeting of September 16, 1997 is hereby
canceled
SECTION II That this resolution shall become effective immediately upon its passage
and approval
1997 PASSED AND APPROVED thlsthe /q--~g day of ~~ ,
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
C \DOCS\RES\SVCTRLEARES
A RESOLUTION AMENDING RESOLUTION NO 4866 OF THE CITY COUNCIL OF
THE CITY OF DENTON, TEXAS, APPROVED NOVEMBER 18, 1980 PERTAINING TO
THE FUNDING OF THE CITY WAREHOUSE AND SERVICE CENTER FACILITIES,
APPROVING THE INTRAGOVERNMENTAL ALLOCATION, TRANSFER, AND PAYMENT
OF CITY FUNDS BY THE CITY MANAGER IN ORDER TO ACCOMPLISH THE
ACCELERATED PAYOFF OF ANNUAL LEASE FEE OBLIGATIONS OWING TO THE
CITY ELECTRIC DEPARTMENT FUND, AND PROVIDING FOR ANEFFECTIVE DATE
WHEREAS, on November 18, 1980 the City Council of the City of
Denton, Texas passed and approved Resolution No 4866 (the "Resolu-
tion''), which provided for the funding of a new City Warehouse and
ServiCe Center facility for the Electric, Water, Sewer, and certain
General Government Departments, said Resolution specified that the
source of funding for the Warehouse Facility was the Electric
Department Fund and that the asset value of the Warehouse Facility
would be regarded as an asset of the Electric Department, said
Resolution further specified that the source of funding for the
ServiCe Center facility would be from the Water and Sewer Depart-
ment IBond Fund and from the Electric Department Fund, said
Resolution specified that annual lease fee payments were to be paid
to the Electric Department by other departments of the City of
Denton who use the Warehouse and the Service Center facilities
based upon the square footage of space utilized in said facilities,
and
WHEREAS, the City desires to provide for an accelerated payoff
of the obligatzons arising under the above-referenced Resolution by
certain City departments to the Electric Department, and proposes
to accomplish such payoff by means of an lntragovernmental
allocation, transfer, and payment of funds at the present time,
rathe~ than paying said annual lease fee obligations over the final
five years of the obligation, and
WHEREAS, the Executive Director of Finance of the City of
Dento$ ~nd the City Auditor have determined that in order to
accomplish the accelerated payoff and full payment of the annual
lease' fee oblzgatlons owing under the Resolution, that the
following payments are required as of October 1, 1997 (1) That
the City Warehouse Fund owes the Electric Department Fund the
additional sum of $80,757 00 after, and in addltzon to the payment
of the 1997 budgeted annual lease fee payment in the amount of
$73,293 00, and (2) that the City's General Fund owes the Electric
Department Fund the sum of $28,306 00, and
WHEREAS, that upon payment of the funds to the Electric
Department Fund as specified herelnabove, Resolution No 4866 of
November 18, 1980 referred to herelnabove, ~s hereby superseded and
amended to the extent modified by th~s resolution, and
WHEREAS, that the Caty Councal deems at to be an the publac
interest to approve the intragovernmental allocataon, transfer and
payment of funds as set forth hereanabove, NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
SECTION I. That the slgnlfacant recatataons set forth
hereznabove are true and correct, and that the Clty Council hereby
approves the lntragovernmental allocation, transfer and payment of
Czty funds to the C~ty of Denton Electrac Department Fund an full
payment of the annual lease fee obligations contained an the
Resolution
~ That the Caty Manager as hereby authorized to
effectuate the zntragovernmental allocation, transfer and payment
of C~ty funds as set forth herelnabove to complete the accelerated
payoff of the annual lease fee obligations arising pursuant to
Resolution No 4866, passed and approved on November 18, 1980
respecting the fundang and use of the Warehouse and Service Center
facllatzes of the Caty of Denton, Texas
SECTION III. That Resolutaon No 4866, passed and approved on
November 18, 1980 referenced hereanabove ~s hereby superseded and
amended to the extent modafaed by thas resolutaon
~ That th~s resolution shall become effective
zmmed~ately upon its passage and approval
PASSED AND APPROVED this the/~-~ day of ~, 1997
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
N xt DoC ument
Note Amended by Resolution No. R98-013
A RESOLUTION APPROVING THE BUDGET OF THE DENTON BLACK CHAMBER OF
COMMERCE FOR THE 1997-98 FISCAL YEAR FOR HOTEL OCCUPANCY TAX FUNDS,
PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE, AND PROVIDING AN
EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
SECTION I That, in accordance with Tex Tax Code Ann §351 101(c), the City
Council of the City of Denton hereby approves the budget of the Denton Black Chamber of
Commerce for hotel occupancy tax funds, a copy of which is attached hereto, pursuant to the
Agreement between the City and the Denton Black Chamber of Commerce
SECTION II That the Denton Black Chamber of Commerce shall make periodic reports
to the City Council at least quarterly listing all expenditures made with hotel occupancy tax
funds
SECTION III That this resolution shall become effective immediately upon its passage
and approval
PASSED AND APPROVED this the ~ Z/v'~ ~,Zy
day of ~ ~J/~_--,f~7_~ ,
1997
JAC~M~LER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
08-21-1997 02 18 817~829695 JOHN
Budget 97-98 DBCC
Denton Blagk Chamber of Commerce
BudGet of CaSh R$0elptl mhd Dlebum~ment~
For Yeer BndlnB
(Unaudited)
Budget
Cuh-~!~nlng
Reeel~
0~ T~ eO00 O0
t~mrest Inoome 0 O0
Tot~ R~lpm eggo go
Olebur~nts
~e8 0 O0
General ~e 125 00
Dlreotom Reimb ~nBe 80 00
Patrol T~es 0 00
He.lth I~ur~m 0 00
Umbili~ In~ur~n~ 0 0o
Tz~nln~ & Travel 1G5 O0
Equipment 800 O0
~ ~!les 40 O0
Telephane ~ O0 O0
Audit 0 O0
Prlntin~ 300 oo
Adve~l~lng ~0
Convention Promotion 0
Tourism Promotion 4000 00,
Bmahume 0 00
Tot~ Dlebur8e~nt 5870 00
Di~meemente) ~ 30 00
Cub. Ending
Petty Cub
C~h In B~nk
Totel CMh
Page I
A RESOLUTION AMENDING RESOLUTION NO 97-037 BY APPROVING A REVISED
BUDGET FOR THE DENTON BLACK CHAMBER OF COMMERCE FOR THE 1997-98
FISCAL YEAR FOR HOTEL OCCUPANCY TAX FUNDS, PURSUANT TO CHAPTER 351
OF THE TEXAS TAX CODE, AND PROVIDING AN EFFECTIVE DATE
WI-IEREAS, the Denton Black Chamber of Commerce has hotel occupancy tax funds
from the 1996-97 budget year which were not expended during such fiscal year because of the
cancellall~on of a scheduled Jazz Festival, and
WHEREAS, the Denton Black Chamber of Commerce desires to add the hotel occupancy
tax funds not expended during the 1996-97 fiscal year to the 1997-98 budget approved by the
C~ty Council per Resolution No 97-037, and
WHEREAS, the Denton Black Chamber of Commerce has submitted a revised 1997-98
budget which would allow the funds which were not expended during 1996-97 fiscal year to be
utilized during the 1997-98 fiscal year to expand ~ts program and attract tourists and convention
delegates or registrants to Denton, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
SECTION I That, m accordance wtth TEX TAX CODE ANN {}351 101(c), the C~ty
Council of the C~ty of Denton hereby approves a rewsed 1997-98 budget for the Denton Black
Chamber of Commerce for hotel occupancy tax funds, a copy of which ~s attached hereto,
pursuant~ to the Agreement between the C~ty and the Denton Black Chamber of Commerce
SECTION II That the Denton Black Chamber of Commerce shall make periodic reports
to the C~ty Council at least quarterly hst~ng all expendttures made with hotel occupancy tax
funds
SECTION III That th~s resolutmn shall become effective ~mmedmtely upon ~ts passage
and approval
PASSED AND APPROVED th~s the 7~-'~ dayof /~/~/'-]/ ,1998
ATTEST
JENNIFER WALTERS, CITY SECRETARY
PAGE2
Worksheet1 ~_~ ~
Denton Black Chamber of Comm,erce I;
Budget of Cash Receipts and Disbursements
For Year Ending September 30~ 1908 r f~,~ ~. ~,,.,,-
(Unaudited) --
Annual
Budget
Cash Be~mmn~
Receipts
Occupancy Tax 11000 O0
Interest Income 0 00
Total Recmpts 11000 O0
Disbursements
Salanes 0 001
General Expense 230 00 catch all for unexpected expense
D~rectors Rmmb Expense 150 00 relmb lot other than mdeage
Payrol Taxes 0 00
Health Insuranqe 0 00
Llabihty Insurance 0 00
Trammf~ & Travel 230 00 training o! new volunteers and M~leage
Eclu~pment 1500 00 equip needed for event
Ofhce Supphes 75 00 tablets, envelopes .etc
Telephone 180 oo.telephone charges and other media utihzatlor
Audit 0 00 I
Prmtlncj 550 00 brochures and llyers
Posla~e 90 oo as noted I
Adverhslnc~ 460 00 air time and other articles
Convention Promotion 0 001 I
Tourism PromOhon 7500 00 )ayment for drawing card
Brochures 0 O0
I
Total D~sbursement 10965 00
Excess of Rece~ptsl
(Dmbursements) 35 00 J
Cash End~nc~ 35 00 I
Petty Cash J
Cash in Bank
Total Cash 35 00
t/
A RESOLUTION APPROVING THE BUDGET OF THE DENTON CHAMBER OF
COMMERCE FOR THE 1997-98 FISCAL YEAR FOR HOTEL OCCUPANCY TAX FUNDS,
PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE, AND PROVIDING AN
EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
SECTION I That, in accordance with Tex Tax Code Ann §351 101(c), the City
Council of the City of Denton hereby approves the budget of the Denton Chamber of Commerce
for hotel occupancy tax funds, a copy of which is attached hereto, pursuant to the Agreement
between the City and the Denton Chamber of Commerce
SECTION II That the Denton Chamber of Commerce shall make periodic reports to the
City Council at least quarterly listing all expenditures made with hotel occupancy tax funds
SECTION III That this resolution shall become effective immediately upon its passage
and approval
PASSED AND APPROVED this the c2'~ /7---d~ dayof ~(~e/]~/~ ,
1997 t
j tA~° ' _
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Denton Convention & Visitor Bureau
,Proposed Budget
1997-98
Internal Budget
INCOME 96/97 97/98
200 I'n¢o~e C~ty of Denton 222,107 295,875
102/103 Reserve Fund 8,889 0
202 Renovation Reserve/CD & Now Acct 15,0001 15,000
203 Interest Income 2,500 1,000
Total Inoome 248,496 311,875
DISBURSEMENTS
300 Salanes-D~rector 51,7741 54,363
305 Salanes-Temporary Staff 1,5001 1,000
306 Salaries-Administrative Assistant 20,6191 21,837
307 Salanes-lnformat~on Assistant 13,2961 14,924
308 Salaries-Visitor Information Center 13,500 16,500
Total Salaries 108,624
310 Ret~rement-d~rector 2,001 2,001
311 Car Allowance 4,200 4,200
315 Payroll Taxes 8,200 9,250
320 Health Insurance 8,335 5,900
322 L~abiht¥ Insurance 500 500
325 Travel & Tra,nlng 2,000 1,500
330 Computer Equipment 4,500 ' 1,000
331 ~op¥ Machine-cost share 1,0001 1,000
332 Warehouse storage O I 540
333 Renovation Expense 15,0001 15,000
401 Office Supplies 4,5001 3,842
406 Telephone Serwce/Toll Free L~ne 5,0001 7,000I
~407 Telephone Metro Service 1,3001 1,200/
¢15 Audit 8501 9501
425 iPostage 3,5001 3,000'
426 Accounting Services 4,0001 4,000
Total Adm,nistratlon I 60,883
CONVENTI ~N
502 ~olicltat~on/Travel 4,0001 0
503 Convention Serwce 1,5001 O I
504 I Convention Advertising O I O I
505 IC°nventl°n Promotion Events 800
505 Convention Trade Shows 0,
508 I ~embersh~p/Subscnptmns/Meetlngs I 800[ 1,826~
ITACVB-- Membership 4001
ITACVB -- Conference El Paso 800l ,
[TACVB -- Education Seminars 4001
'THMA, - Membership 226i I
, Total Convention [ ~ 1,826
Page 1
512 Travel/Spemal Projects 2,000 11,201
513 Tounsm Servmes 10,000 28,191
Hospitality Training - Supphes 591
Adwsory Board Meetings - Supphesl 500
Tourism Week 1 O0
Repnnts of Texas Highways 2,000
Specml Projects 1,000
Anderson/Hanson Pubhc~ty 24,000
514 Tounsm Advertising 14,000 15,200
Billboard on 1-35 -- north of Sanger 10,200
DFWATC Tourism Guide ad 5,000
515 Marquee Bdlboard 16,000 21,600
IL35E -- south of Denton
~ental 15,600
hangeouts 6,000
516 Travel Shows 1 O,000 1,800
TTIA Travel Show - Austin 750
Denton Expo 250
Dan D~pert World Travel Marketplac 700
est~nat~on - 1 O0
Showcase
Piano
h~s show already registered for 1998)
517 Tounsm Promotional Matenal 11,600 10,000
Calendars of Events
Restaurant and Entertainment Guides
V~sttor Maps
Accommodatmns Cards
Annual Events Cards
Photos/Shdes
Plastic bags
518 Membersh~ps/Subscnptmns/Meet~ngs 1,8001 1,550
TTIA - Membership 200 j
TTIA - Travel Summit 6001
DFWATC - Membership 7501
Total Tourism I 89,542
520 tnvestmentDFW Regional Fdm Comm~ssmn 3,0001 3,421 4,000
pon Lone Star Film & TV Awards 5001
ravel and photos 5001
521 IBrochures I Oi 20,0001
522 Vm~tor lnformatmn Center I 7,0001 7,0001
523 Non Designated Spemal Project I ! I 20,000I
ITotal Disbursements I I 248,4961 311,875!
S \CVB\bu~draft xls '
Page 2
RESOLUTION NO /~7-
A RESOLUTION APPROVING THE BUDGET OF THE DENTON COUNTY
AMPHITHEATRE ASSOCIATION, INC FOR THE 1997-98 FISCAL YEAR FOR HOTEL
OCCUPANCY TAX FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE,
AND PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
SECTION I That, m accordance with Tex Tax Code Ann §351 101(c), the City
Council of the City of Denton hereby approves the budget of the Denton County Amphltheatre
Assocmt~on, Ine for hotel occupancy tax funds, a copy of which is attached hereto, pursuant to
the Agreement between the City and the Denton County Amphitheatre Association, Inc
SECTION II That the Denton County Amphltheatre Association, Inc shall make
periodic reports to the City Council at least quarterly listing all expenditures made with hotel
occupancy tax funds
SECTION III That this resolution shall become effective immediately upon its passage
and approval
PASSED AND APPROVEDthlsthe~q~d dayof ~_5~z'~/~-~ ,
1997
JACKER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
08/22 '97 0'7 13 ID G N 8 ,s,qNGER F~ 817-458-3536 FC~E 2
DENTON COUNTY AMPHITHEATRE ASSOCIATION
HOTEL, OCCUPANCY TAX FUND PROPOSED BUDGET
1997 & t996
ITEM
CASH BEGIINNING
RESERVE FUNDS $6,096,00
RECEIPTS'
OCCUPANCy TAX
TOTAL REGEIPTS
Po=rage
Correapondeneo $200
Broehuree
Total P~ge
Printing
flon.~ $200 O0
ochums $646.0~
To~l Printing $846.00
Promotional Video
TOTAL Dlgi~iURSEMENTS $9,096 00
EXCESS OF RECEIPTS
(DISBURSEMENTS)
II
A RESOLUTION APPROVING THE BUDGET OF THE DENTON COUNTY HISTORICAL
MUSEUM FOR THE 1997-98 FISCAL YEAR FOR HOTEL OCCUPANCY TAX FUNDS,
PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE, AND PROVIDING AN
EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
SECTION I That, in accordance with Tex Tax Code Ann §351 101(c), the City
Council of the City of Denton hereby approves the budget of the Denton County Historical
Museum for hotel occupancy tax funds, a copy of which is attached hereto, pursuant to the
Agreement between the City and the Denton County Historical Museum
SECTION II That the Denton County Historical Museum shall make periodic reports to
the City Council at least quarterly listing all expenditures made with hotel occupancy tax funds
SECTION III That this resolution shall become effective immediately upon its passage
and approval
PASSED AND APPROVED this the ~
1997
JAC~'~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Courthouse-on-the-Square Museum
August 21, 1997
The Honorable Jack Miller
Mayor, C~ty of Denton
Demon City Cotmefl Members
Denton, Texas
RE Request for 1997-98 Hotel Occupancy Tax Museum Budget
Dear Mayor Miller
The enclosed budget is based upon mformat~on provided by telephone to me from the mty of
Demon finance department on Wednesday, August 20, 1997 The request was to prowde a hard
copy of the Museum budget on Thursday, August 21, 1997, based on the followmg figures
$60,308 predmated (8 90%) income from hotel occupancy tax to be generated in
the 1997-1998 fiscal year
$ 4,214 contract earnings for 1995-96 fiscal year to be prod ~n 1997-98
$ 8,430 contract earmngs for 1996-97 fiscal year to be prod ~n 1997-98
Total $72,952 to be budgeted for 1997-98
In addition we have been asked to prepare a five minute presentatmn for the city coancd for
Tuesday, August 26th at 7 00 p m
Earher th~s spring, the board of trustees approved a budget based on predicted income of t 1 86%
as used m the current contract for the Museum W~th approval from the board's executive
committee, reductsons have been made m the approved budget ~n various catagones to meet the
reduced ftmd~ng
The Museum ~s concerned w~th the reduction ~n funds as its programs contanue to expand to meet
the needs of the mt~zens The Museum does an excellent job Support from the c~ty is a must
We appreciate the work of the cotmcd and thank you for your hard work
~cr~~e ~Slncerely' ,_ // ~
aka Denton County H~stoncal Museum, Inc
PO Box 2800 Denton, Texas 76202 Courthouse-on-the-Square 501(C) (3) Non Profit
Telephone (817) 565~8697 1 800-346-3189 FAX (817) 565 8693
Denton County Historical Museum, Inc.
aka Courthouse-on-the-Square Museum
1997-1998 Proposed Budget
Hotel Occupancy Tax City of Denton
REVENUE EXPENDITURES
1 01 Hotel Occupancy Tax $72,952
1 02 Interest 400
1 10E Salary, D~rector $34,284
1 11E Salary, Collection Management Assistant 18,061
1 12E Professional Consultants/Contract Labor 3,000
1 13E Security/Maintenance 2,500
1 23E Specml Events/Exlub~ts 2,400
1 30E Media Advert~smg/Pubhc Relat~ons/Tra~mng 8,000
1 31E Museum Assoc Membershtps 700
1 32E Professional Journals/Books/Tourism Reports & Manuals 100
1 41E Audit/CPA/Federal Reports 1,300
1 42E Office Supphes 307
1 60E Insurance 2,700
TOTAL $73,352 $73,352
RESOL, ION NO £9 q- o
A RESOLUTION APPROVING THE BUDGET OF THE DENTON FESTIVAL
FOUNDATION, INC FOR THE 1997-98 FISCAL YEAR FOR HOTEL OCCUPANCY TAX
FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE, AND PROVIDING
AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
SECTION I That, m accordance with Tex Tax Code Ann §351 101(c), the City
Council of the City of Denton hereby approves the budget of the Denton Festival Foundation,
Inc for hotel occupancy tax funds, a copy of which is attached hereto, pursuant to the Agreement
between the City and the Denton Festival Foundation, Inc
SECTION II That the Denton Festival Foundation, Inc shall make periodic reports to
the City Council at least quarterly listing all expenditures made with hotel occupancy tax funds
SECTION III That this resolution shall become effective immediately upon its passage
and approval
PASSED AND APPROVED this the c7~
-- day of
1997
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
DENTON FESTIVAL FOUNDATION, INC
1997-98 HOTEL OCCUPANCY TAX BUDGET
1st 2nd 3rd 4th ANNUAL
Quarter Quarter Quarter Quarter BUDGET
i(Oct-Dec) (Jan-Mar) (Apr-June) (July-Sept)
INCOME $10,000 O0 $10,000 O0 $10,000 O0 $10,000.00 $40,000 O0
EXPENSES
I Salaries $ 3,000.00 0.00 0 O0 $ 4,000 O0 $ 7,000 O0
II Serwces
Printing $ 350.00 $ 850 O0 $ 300 O0 $ 200 O0 $ 1,700 O0
Postage $ 300 O0 $ 700 O0 0 O0 0 O0 $ 1,000 O0
Advert~s~n,'$ 630 O0 $ 6,905.00 $ 3,000 O0 0 O0 $10,535 O0
Brochures $ 865 O0 $ 800 O0 $ 2,250 O0 0 O0 $ 3,915 O0
III Tourism
~on
Festival
Programm~n~ 0.00 $ 5,600 O0 $10,250 O0 0 O0 $15,850 O0
TOTAL I 5,145 O0 $14,855.00 $15,800 O0 $ 4,200.00 $40,000 O0
** Our f~scal year ~s July 1 - June 30 and th~s hotel tax will be
applied to the 1998 and the 1999 Denton Arts & Jazz Festival
A RESOLUTION APPROVING THE BUDGET OF THE DENTON HISPANIC CHAMBER
OF COMMERCE FOR THE 1997-98 FISCAL YEAR FOR HOTEL OCCUPANCY TAX
FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE, AND PROVIDING
AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
SECTION I That, m accordance w~th Tex Tax Code Ann §351 101(c), the C~ty
Council of the C~ty of Denton hereby approves the budget of the Denton H~spamc Chamber of
Commerce for hotel occupancy tax funds, a copy of whtch ~s attached hereto, pursuant to the
Agreement between the City and the Denton H~spamc Chamber of Commerce
SECTION II That the Denton H~spamc Chamber of Commerce shall make perlodtc
repons to the C~ty Council at least quarterly hstlng all expenditures made w~th hotel occupancy
tax funds
SECTION III That this resolution shall become effective ~mmedmtely upon ~ts passage
and approval
PASSED AND APPROVED th~s the ~
1997
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
I Project Cost Analysis
REVENUE FOR 1997-9R
CITY OF DENTON
Denton Hispanic Chamber of Commerce
1607 E McKiNNEY ST, SUIlZ 900
DENTON, TX 76201
817~83-2901
Fa~ 817/382-S681
Au8ust 26, 1997
Estimated Costs
PLANNEO ACTIVITIES BY THE HISPANIC CHAMBER TO PROMOTE TOURISM TO
OENTON
BILINGUAL OENTON COUNTY PROCUREMENT EXPO
Rental of facility 500.00
Printing costs 700.00
Promotion: media coverage, telephone, 300.00
mailout supplies, postage, etc.
HISPANIC CONCERT
Entertainment 1,000.OO
Pnnting costs 500.00
Pmmotiom media coverage, telephone, 200.00
meilout supplies, postage, etc.
Total $3,200.00
RESPECTFULLY SUBMi~AO BY: TOMASA L GARCIA, M.ED
CHAIRPERSON,/CEO DENTON HISPANIC CHAMBER OF COMMERCE
August 21, 1997
A RESOLUTION APPROVING THE BUDGET OF THE DENTON HOLIDAY FESTIVAL
ASSOCIATION, INC FOR THE 1997-98 FISCAL YEAR FOR HOTEL OCCUPANCY TAX
FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE, AND PROVIDING
AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
SECTION I That, in accordance with Tex Tax Code Ann §351 101(c), the City
Council of the City of Denton hereby approves the budget of the Denton Holiday Festival
Association, Inc for hotel occupancy tax funds, a copy of which is attached hereto, pursuant to
the Agreement between the City and the Denton Holiday Festival Association,
SECTION II That the Denton Holiday Festival Association, Inc shall make periodic
reports to the City Council at least quarterly hstmg all expenditures made with hotel occupancy
tax funds
SECTION III That this resolution shall become effective immediately upon its passage
and approval
1997
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
AUG-21-1Bg? 89 42 FROM CITY OF ARGYLE TO 9~498260 P 02
DATE August 21, 199~
MF2dO TO. Denton City CouL~cil
·ROM. Yvonne A Jenkins, Chairman
Denton Holiday ~esttval Associatxon,
SUBJECT. Proposed Budgetl for Revenue
Hotel/Motel Roo~ Occupancy Tax
Thank you ~or COnsidering
Of revenue from the Hotel/Mo~el application to be a recipient
request, via stat~, on August Room Occupancy Tax Per your
below 20, 1997, please find listed
Also be advised, that I w~ll Inot be able to attend the August
26th Denton City Counci! me,ting as
city Council meetino. ~ w~!li make every
representative from o~r ~oar~ to he present at your meetin;
Again, thank you for all the ~ork and effort you have and are
expending on this project
PJ~LTDa~~-~-%/A~ASsoczATZO~, ~ -O-~~TAX
AMOUNT OF R~GUEST: $3,000 00
PRiNTiNG AND DZSTRZBUTION ~F BROCHURES ..... $ 1400.00
ADVERTISIN~ IN LOCAL & ARE~ NEWSPAPERS .. $ 1600 00
(Lighting Event & Brave Com0o Concert)
$ 3000.00
TOTRL P 02
A RESOLUTION APPROVING THE BUDGET OF THE FRIENDS OF DENTON COUNTY
Iq]STORY, INC FOR THE 1997-98 FISCAL YEAR FOR HOTEL OCCUPANCY TAX
FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE, AND PROVIDING
AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
SECTION I That, in accordance with Tex Tax Code Ann §351 101(c), the City
Council of the City of Denton hereby approves the budget of the Friends of Denton County
History, Inc for hotel occupancy tax funds, a copy of which is attached hereto, pursuant to the
Agreement between the City and the Friends of Denton County History, Inc
SECTION II That the Friends of Denton County History, Inc shall make periodic
reports to the City Council at least quarterly listing all expenditures made with hotel occupancy
tax funds
SECTION III That this resolution shall become effective immediately upon its passage
and approval
PASSED AND APPROVED thlsthe~)q~-~ day of ~d~Z)~L~9~/'' ,
1997
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
A RESOLUTION APPROVING THE BUDGET OF THE GREATER DENTON ARTS
COUNCIL FOR ~ 1997-98 FISCAL YEAR FOR HOTEL OCCUPANCY TAX FUNDS,
PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE, AND PROVIDING AN
EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
SECTION I That, in accordance with Tex Tax Code Ann §351 101(c), the City
Council of the City of Denton hereby approves the budget of the Greater Denton Arts Council
for hotel occupancy tax funds, a copy of which Is attached hereto, pursuant to the Agreement
between the City and the Greater Denton Arts Council
SECTION II That the Greater Denton Arts Council shall make periodic reports to the
City Council at least quarterly listing all expenditures made with hotel occupancy tax funds
SECTION III That this resolution shall become effective immediately upon its passage
and approval
PASSED AND APPROVEDthlsthec;~~--~ dayof ~.~qd/~l~/~f~ ,
1997
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Greater Denton Arts Council
Hotel/Motel Fund Budget 1997 - 1998
Projected Hotel/Motel Tax Allocation 1997-98
97-98 Project~on $101,700
Carry over from prewous Contracts 14,169
TOTAL. $1t5,869
Projected GDAC Fund Apphcatlon
The number/n parentheses/ndlcate the total amount budgeted/n the GDAC
FY97-95 Budget
Adm~n Payroll Expenses $85,000 ($132,409)
Exhibitions/Programs $12,275 ($46,000)
Operating/Office $ 7,000 ($23,000)
Grants Program
Commumty Theatre $5,000
GDAC Grants Fund $6,594 ($35,294)
TOTAL: $t t 5,869
Prepared 8/20/97
GDAC 1997-98 Budget
August revl$1on
GREATER DENTON ARTS COUNCIL
OPERATING BUDGET FY 1997 - 1998
ACCOUNT Updated
97/98
INCOME-UNEARNED
Hotel/Motel Tax 115 869
Gov't Monles-TCA 6 044
Gov't MonieS-Other 3 048
TAG Grants 35,000
Org Grants 0
FoundatIons 1,500
Corporate Spon /Don 3,000
Individual Gifts 500
Membership Ind 28,000
Membershlp Org 3,500
Membership Bus 22,000
Interest Income 1,000
Refunds/Relmburs 500
Mlsc Income 0
Organizational Funds 2,000
TOTAL UNEARNED INCOME 221,961
INCOME-EARNED
CVA Rental 39,000
Concession 500
Art-related Sales 1,000
Admission 1,000
Tuition 3,000
Service Fees/Mall list 200
MaterIals H&S Income 1,800
OMOT 2,000
CARA 2,500
Bus Tours 0
Spec Event/Fund Rals 31,000
Arts Festival Income 500
TOTAL EARNED INCOME 82,500
TOTAL INCOME 304,461
GDAC 1997-98 Budqet
August revision
ACCOUNT Budget Hotel Tax
97/98 Allocation
EXPENSE-ADMZNISTRATIVE
Payroll 123,000 85,000
Payroll Taxes 9,409
Benefits Health 13,000
Retirement 7,500
Mileage ReImbursement 1,000
Executive Dlr Exp 500
Training Career Dev 200
Contract labor 0
Board/Volunteers 700
Conference/Travel 1,100
ADMINISTRATIVE TOTAL 156,409 85,000
EXPENSE-OPERATING
Office Supplies 2,000 2,000
Beverages 800
Merchandise 0
Telephone 4,000
Internet 2,400 2,000
Off~ce Equipment 2,050
Postage 1,500
Books, subscriptIons 500
Professional M'sh~ps 600
Insurance (Non-med) 6,400 3,000
Audit 3,500
Check/Bank charges 500
Operating MlSC 0
OPERATING TOTAL 24,250 7,000
GDAC 1997-98 Budget
August revl$1on
Budget
97/98
EXPENSE-FACILITIES
Victorian Cottage 1,200
CVA 4,000
Janitorial SuDDly 1,300
Rental ExDenses 11,000
ExtermInator 650
Groundskeeplng 4,000
Building Security 700
Instruments 150
ProDertles Misc 200
FACILITIES EXPENSE 23,200
EXPENSE-PRO~RAMS
Gallery Exhlbit!ons 8,000 7,000
Materials H & S 7,000 5,000
Permanent Collection 1,000 275
ODenlng Receptions 0
ExhIbition SuDDl~es 0
Art sales relmburs 0
NewsletSer 1,400
Info Publications 500
WorkshoDs/Classes 2,500
Ed Programs 0
Perf Arts Events 600
OMOT ExD 2,000
Bus Tour ExD 0
CARA ExD 2,500
Advocacy 500
GranZs Program 40,294 11,594
Membership Drive 5,000
M~sc Membersh~9 1,000
SD Ev /Fund R Exp 14,000
PRO~RAM EXPENSE TOTAL 86,294 23,869
EXPENSE SUBTOTAL 290,153
RESERVE DEVELOPMENT 14,308
EXPENSE TOTAL 304,461 115,869
A RESOLUTION APPROVING THE BUDGET OF THE NORTH TEXAS STATE FAIR
ASSOCIATION FOR THE 1997-98 FISCAL YEAR FOR HOTEL OCCUPANCY TAX
FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE, AND PROVIDING
AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
SECTION I That, m accordance with Tex Tax Code Ann {}351 101(c), the C~ty
Council of the City of Denton hereby approves the budget of the North Texas State Fair
Association for hotel occupancy tax funds, a copy of which ~s attached hereto, pursuant to the
Agreement between the C~ty and the North Texas State Fair Association
SECTION II That the North Texas State Fair Association shall make periodic reports to
the C~ty Council at least quarterly hstmg all expenditures made w~th hotel occupancy tax funds
SECTION III That this resolution shall become effective lmmedmtely upon its passage
and approval
PASSED AND APPROVED this the ~ ~_~_~d2~ day of
1997
JACK I~d. ILrLEK MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
North Texas State Fair & Rodeo
Proposed Budget
For the Fiscal Year October 1, 1997 thru September 30. 1998
Projected Cash, October 1, 1997 $10,000
Receipts:
Occupancy Tax: 87,981
D~sbursements:
Salaries 45,000
Printing 10,000
Advertising 25,000
Postage 1,500
Utilities 5,000
Office Supplies & Expenses 2,000
Telephone 4,000
Office Equipment Maintenance 500
Office Equipment 1,000
Audit 1.200
95,200
Projected Cash after Operating Receipts & D~sbursements 2,781
RESOLUTION NO
A RESOLUTION APPROVING THE BUDGET OF THE SCHOLARS PHAIR
FOUNDATION, INC FOR THE 199%98 FISCAL YEAR FOR HOTEL OCCUPANCY TAX
FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE, AND PROVIDING
AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
SECTION I That, ~n accordance w~th Tex Tax Code Ann {}351 101(c), the City
Council of the City of Denton hereby approves the budget of the Scholars Phmr Foundatton, Inc
for hotel occupancy tax funds, a copy of which ~s attached hereto, pursuant to the Agreemem
between the C~ty and the Scholars Phmr Foundation, Inc
SECTION II That the Scholars Phmr Foundation, Inc shall make penodm reports to the
C~ty Council at least quarterly hst~ng all expenditures made w~th hotel occupancy tax funds
SECTION III That th~s resolution shall become effective ~mmedmtely upon ~ts passage
and approval
PASSED AND APPROVED thlsthe c~/?(Z~- day of [~9~,~57L/~//~t~- ,
1997
JAC
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
The Scholars' Phair Foundation
of Texas, Inc.
The Scholars' Phatr Foundataon tntents to use the Hotel Tax Fund allotment for the
promotaon of the Texas Youth Phmr and for registration of Texas Youth Phatr participants
Below are the specffic uses of the funds
1 Pnntmg
a) 1st ~ssue of"The Scoop & Ballyhoo" 600 00
a conference newspaper to be d~stnbuted dunng registration
b) Promottonal brochures 375 00
c) Conference reg~strataon material 1,500 00
2 Purchase of extub~t booth 3,605 00
3 Telecommumcattons
a) Interact hne
(note registration may be done primarily through the Intemet) 240 00
b) Toll free hne 1,798 50
4 Reg~straUon Eqmpment 1,081 50
5 Postage and madmg supphes 800 00
Total 10,000 00
A RESOLUTION APPROVING THE BUDGET OF THE TEJAS STORYTELLING
ASSOCIATION FOR THE 1997-98 FISCAL YEAR FOR HOTEL OCCUPANCY TAX
FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE, AND PROVIDING
AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
SECTION I That, tn accordance with Tex Tax Code Ann §351 101(c), the City
Council of the City of Denton hereby approves the budget of the Tejas Storytelling Association
for hotel occupancy tax funds, a copy of which is attached hereto, pursuant to the Agreement
between the City and the Tejas Storytelling Asso¢laUon
SECTION II That the Te.~as Sto/3,telhng Association shall make periodic repons to the
City Council at least quarterly listing all expenditures made with hotel occupancy tax funds
SECTION III That this resolution shall become effective immediately upon its passage
and approval
PASSED AND APPROVED th,sthe ~_~d dayof C;0~/')~m~.~- ,
1997
JACK~IILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
TO CITY COUNCIL HOTEL OCCUPANCY TAX SUBCOMMITTEE
FROM TEJAS STORYTELLING ASSOCIATION (TSA)
KAREN MORGAN, TSA BOARD PRESIDENT (241-2055)
RE FUNDS BREAKDOWN
DATE AUGUST 21, 1997
TSA's REQUEST: The Tejas Storytelling Association holds the annual Texas
Storytelllng Festival ~n Denton every March bringing people into the city for
four days TSA respectively requests $25,000 from the C~ty Council Hotel
Occupancy Subcommittee for staffing, administrating, and promoting Denton's
Texas Storytelling Festival These funds will be used as seed money to
encourage further growth and to promote, publicize, and advertise Denton's
Texas Storytelling Festlval
Promotion, Publlclzing, and ~dvertlslng
Mail~ng Lists 1,600
Telephone 400
Brochure/Flyers Printing and Ma~l~ng Costs 4,200
Advertising and S~gnage 3,800
Newsletter Costs 1,000
Total $11,000
Stafflng and Admin)s~ra~lng
The 1997 festival functioned as a completely volunteer event, enlisting the
assistance of volunteer Denton residents, the TSA Board of Directors, and
interested people from Texas, Kansas, Arkansas, Oklahoma, and Louisiana
Additional funds would bring on-staff personnel to work promoting festival ~n
the months before festival, strategically placing ads, coordinating and
directing mall to publicize the event, generating labels, and developing data
bases to ensure maximum attendance from around the greater US Southwest
Total $ 9,000
Programmlng
The 1998 festival will pay performance fees to 4 ma~n performers throughout
the four days and additional performers who w~ll do ~nd~wdual concerts
combining music and story, bilingual storytelling, and storytelling workshops
To encourage attendance by the hearing mpalred, performance fees will be pa~d
to ASL Interpreters
Total $5,000
RESOLUTION NO f~'" ~
A RESOLUTION APPROVING THE BUDGET OF THE DENTON COUNTY HISTORICAL
FOUNDATION, INC FOK THE 1997-98 FISCAL YEAR FOR HOTEL OCCUPANCY TAX
FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE, AND PROVIDING
AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
~ That, m accordance with Tex Tax Code Ann §351 101(c), the City
Council of the Ctty of Denton hereby approves the budget of the Denton County Historical
Foundation, Inc for hotel occupancy tax funds, a copy of which ~s attached hereto, pursuant to
the Agreement between the City and the Denton County Htstoncal Foundation, Inc
SECTION II That the Denton County Historical FoundaUon, Inc shall make periodic
reports to the City Council at least quarterly hstmg all expenditures made with hotel occupancy
tax funds
SECTION III That this resolution shall become effective lmmedmtely upon its passage
and approval
PASSED AND APPROVED this the cv~q~---~' day of k_f)ff_~.fff_,,q~t'~ ,
1997
JACKd~LEK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
DENTON COUNTY HISTORICAL FOUNDATION, INC.
P 0 Box 2184
Denton. Texas 76202
DENTON COUNTY HISTORICAL FOUNDATION
PROPOSED BUDGET 1997-1998
LALOR FUNDS CITY OF DENTON, TEXAS
1996-1997 Budgeb 1997-1998 Proposed Budget
Income Lalor Funds $ 5,048.00 Income Lalor Funds $ 917.00
Interest 800.00
To%al Revenues $ 5,048.00 To%al REvenue $1717.00
~lsbursements
1 00E
2 00E
3.00E Heritage Tourism Prom 3 00E Heritage Tourism
Brochures, maps $ 2,500.00 Brochures, maps $1717.00
3.01E
3.02E
4.00E
5 00E
6 00E Heritage Pro3 H~st
Markers 1,000.00
6 01E Hlstorical Marker
Repair 500.00
6 02E H~st Pub Pro3 500.00
6 03E Preeerv/flre truck 548.00
7 00E
7 01E
8 00E
9 00E
10 00E
Total Budget $ 5,048.00 Total Budget $ 1717 00
A RESQLUTIONADOPTING THE CAPITAL IMPROVEMENT PLAN PROPOSED BY THE
PLANNING AND ZONING COMMISSION, AND PROVIDING FOR AN EFFECTIVE
DATE
WHEREAS, on the llth day of June, 1997, the Planning and Zoning
Commission recommended the capital improvements to be constructed
during the forthcoming year, and
WHEREAS, the City Manager furnished a copy of the recommenda-
tions to the City Council on the 17th day of June, 1997, 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 formally adopt the recom-
mendations of the commission, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
~ That the Council approves the list of capital
improvements proposed to be constructed during the forthcoming
year, which is attached hereto and incorporated herein and made a
part of this resolution for all purposes
SECTION II That this resolution shall become effective
Immediately upon its passage and approval
PASSED AND APPROVED this the~--~ day of ~~F~,~'-, 1997
JA~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
ov' 'r
APP E AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
1997-2002 CAPITAL IMPROVEMENT PLAN
G~N~_RAI.. GOVERNMENT
~ ~ ~8 ~~-~1 1~,~ 1~,~ 1~,~
~ ~ ~ ~T~ ~ (~13) 1~ 1,~ 1,~
~ T~ ~ ~ ~ ~ 51,~ 51,~ 51,~
~ T~ ~1~ ~~ PH II 1~ 14~ 14~
97~ T~ ~1~ ~ E~, PH III
~ T~ ~1017C T~
97~ T~ ~1~ ~~PHV 1~ 1~ 1~
97~ T~ ~1~
~ T~ ~1~4 ~ ~ R~ PHII 1 187,~
~ Tm~ ~1~
97~ P~ ~ ~1 PH II F~MS
TOT~ 0 9~ 0 4715~ 143~
97~ B~ R~
G~D TOT~ 0 9~ 0 5~ 15117~ 27~ 17817~
1997-2002 CAPITAL IMPROVEMENT PLAN
ELECTRIC UTILITIES
'~ I~! _~ TOTAL TOTA~
98-1(H 1-O1 1 (R) POWER PLANT IMPROVEI~-NTS $0 $25 $25 $0 $25
~6-t0t14)2 tl (T) POWER PLANT EQUIPMENT 0 20 20 0 20
98-10114)3 14 (T) OFFICE FURNITURE AND EQUIPMENT 0 10 t0 0 t0
TOTAJ. 199798 ELECTRIC PRODUCTION $0 ~ $55 $0 $55
9~03~-01 3 (G) (~H EXTENSK)NS AND ~IPROVEMENTS $0 $269 $269 $0 $269
98-10314~ 17 (G) POWER FACTOR IMPROVEMENTS 0 35 35 0 35
96-10314)3 4 (G) U/G EXTENSIONS AND Ik~ROVEMENTS 0 1427 1427 0 1 427
~6-10314)4 5 (G) TRANSFORMERS AND EQUIPMENT 0 343 343 0 343
96-1031.06 tl (I) MISC TOOLS AND EQUIPMENT 0 50 50 0 50
98-10314]6 19 (t/S) O/fl TO UNDERGROUND CONVERSIONS 0 3~0 300 0 300
98-1031-07 14 (G) MISC (Yr'FtCE EQUIPMENT/FURNITURE 0 5 5 0 5
96-10314~6 20 (G/S) CONTINGENCY 0 400 400 0 400
96-1031-09 3 (G) EgKVA liNE UPGRADE (POLES AND CONDUCTOR) 0 338 338 0 338
98-1031-10 9 (G) RESIDENTIAL STREET LIGHTS 0 51 51 40 91
98-1031-11 9 (G) STREET LIGHTS - ARTERIAL 0 82 82 0 82
98-1031-12 9 (G) STREET MGHTS - SECURITY 0 40 40 0 40
TOTAL 1997-~8 ELECTRIC DISTRIBUTION $0 $3 340 $3 340 $40 $3,380
96-1032-01 8 (R) REPLACE 69 KV BREAKERS $0 80 $80 $0 $80
S~-t032~2 8 (G) TRIPLEX LOCUST SUBSTATION 750 0 $750 0 750
9~10324)3 8 (I) NORTHLAKES 15 K~ BREAKER CONVERSION 0 90 90 0 90
98-10324~4 8 (I) REPLACE OVERCURRENT RELAYS 0 36 36 0 36
98-10324)5 14 (N) FURNITURE AND FIXTURES 0 1 1 0 1
9~1032-06 16 (I) MISC FIBER OPTIC PROJECT OPTIONAL 0 100 100 0 100
9~-10324)7 14 (N) FURNITURE AND FIXTURES 0 25 25 0 25
TOTAL ~ 997-96 ELECTRIC SUBSTATIONS $750 $332 $t 062 $0 $1 0~2
98-1034-01 6 (G) METERS & ASSOCIATED EQUIPMENT $0 $213 $213 $0 $213
~1034-02 7 (T) REMOTE Mb ! ~.~ READING EQUIPMENT 0 65 65 0 65
9~1034-03 20 (G) UNINTERRUPTED POWER SUPPLY 0 10 10 0 10
98-10~4-04 6 (T) HANDHELD READING DEVICE 0 12 12 0 12
TOTAL 1 ~7-98 ELECTRIC METER FIELD SERVICES $0 $300 $300 $0 $300
9~1051471 2 (I) DMC RENOVATION $323 $0 $323 $0 $323
TOTAL t 997-98 ELECTRIC ADMINISTRATION $323 $0 $323 $0 $323
1997-2002 CAPITAL IMPROVEMENT PLAN
ELECTRIC UTiMTIES
TOTAL
96-1061-01 11 (N) TOOLS AND EQUIPMENT $0 $20 $210 $0 $20
98-1061-.02 10 (R) SCADA UPGRADE $0 $178 $178 $0 $178
g~-1061..Q3 10 (I) C-. -. -. -. -. -. -. -. -. ~ S SERVER UPGRADE $0 $15 $15 $0 $15
TOTAL lgg'/'-g8 COMMUNICATIONS ~0 $213 $213 $0 $213
TOTAl. lggT-g8 ELECTRIC DEPARTMENT $1 073 $4,240 $5 3t3 $40 $5 353
1997-2002 CAPITAL IMPROVEMENT PLAN
WATER UTIMTIES
984)45001 13 (R) MISCELLANEOUS OFFICE EQUIPMENT/FURNITURE $5 $4 $4 $5 $4
~64)4~O~2 '11 (R) DMC RENOVATION $97 $5 $97 $5 :$97
TOTAL 1997~ WATER ADMINISTRATION $97 $4 $101 $0 $101
~8-O460-02 13 (R) OFFICE FURNITURE AND EQUIFMENT $5 $6 $6 $0
~64)460-03 14 (R) TOOLS AND EQUIPMENT $0 $5 $5 $5 $5
~8-O4604)4 14 (R) CHEMICAL FEED AND PROCESS CONTROL EQUIPMENT $6 $10 $10 $6 $10
98-0460-~5 14 (T) TURBIDIMEI--c. RS $5 $30 $30 $6 $50
98-04604)6 3 (G) 2 MG EL.EVATED STORAGE TANK $5,525 $600 $5 ~ $5
984)460A01 1 (G) RAY ROBERTS INTP AND RAW WATER FACIUTIES (1988) $18.733 $5 $5 $0 $5
9~0480A03 2 (G) BOOSTER STATION AND SYSTEM TIE4N $t0,447 $6 $6 $5 $5 $5
~8-0460C02 1 (G) FINISHED WATER TRANSMISSION LINE (1981) $5,317 $6 $5 $5 $5
98-0460101 3 (G) ELEVATED STORAGE FOR THE UPPER PLANE $940 $890 $6 $890
TOTAL 1~97'-~8 WATER PRODUCTION $t,490 $51 $1 541 $5 $1,541
98-0461-01 8 (G) OVERSIZE WATERLINES $100 $0 $100 $0 $t00
964)4614)2 13 (R) OFFICE FURNITURE AND MACHINES $6 $3 $3 $0 $3
984)461-O3 9 (G) WATER TAPS, lOOPS $6 $59 $59 $106 $167
96-04614)4 9 (R) MISCELLANEOUS EQUIPMENT $0 $37 $37 $0 $37'
984)4614)5 5 (R) REPt.4CE WATERUNE - WESTVVOOD $322 $6 $19 $19 $0 $19
964)4614)6 6 (R) (19~6) FIELD SERVICES REPLACE WATER UNES $6 $200 $200 $0 $200
9~04614~6 7 (G) DEVELOPMENT PLAN WATERUNES $6 $250 $250 $5 $250
98-0461-11 9 (R) PARKING LOT $6 $20 $20 $6 $20
~}-0461-12 4 (I) DISTRIBUTION SYSTEM UPGRADE (BERNARD) $1 783 $64 $6 $64 $6 $64
98-46t-t3 t6 (G) 1-35 WATER UNE $1 t00 $1 100 $6 $1 100 $6 $1,100
96-0461G(~ 4 (t) DISTRIBUTION SYSTEM UPGRADE (KERLEY) $1 473 $300 $6 $300 $6 $300
96-0461 G12 17 (S) STATE HIGHWAY 380 RELOCATION - EAST $4~0 $323 $6 $323 $0 $323
98-0461105 4 (R) (1997) ECTON 16' UPGRADE SCRIPTURE TO UNIVERSITY $539 $495 $6 $495 $0 $496
98-0461107 5 (R) REPLACE WATERLINES - MYRTLE ~4=O $6 $245 $245 $5 $245
TOTAL 1~7-98 WATER DISTRIBUTION $2,382 $833 $32t5 $108 $3 323
1997-2002 CAPITAL IMPROVEMENT PLAN
WATER UTILITIES
!~-0462-O1 g (R) WATER )at= i r.~S $5 $129 $129 $3 $129
~ 13 (R) OFFICE FURNITURE AND EQUIFMENT $0 $1 $1 $3 $1
98-04624)3 9 (S) MISCELLANEOUS EQUIPMENT $5 $13 $13 $5 $13
984)4624)5 9 (R) REPLACE FIRE HYDRANTS AND VALYES $5 $33 $33 $5 $33
TOTAL 1~7-96 WATER METER REPAIR $5 $176 $176 $5 $176
98.O4634~ 9 (S) FIELD EQUIFMENT $0 $1 $1 $5 $1
98-04634)2 13 (R) OFFICE EQUIPMENT & FURNITURE $5 $1 $1 $0 $1
984)463-03 t2 ('f') OFFICE MACHINES $3 $15 $15 $0 $15
TOTAl. 199798 WATER ENGINEERING $0 $17 $17 $0 $17
98-O4804)1 10 (R) LABORATORY RENOVATION $3 $4 $4 $5
96-04804)2 10 ('r) MICROSCOPE WITH FLUORESCENCE $5 $20 $20 $5 $20
98-0480-~ t2 (T) DIV INFORMATION MGMT SYSTEM $0 $1 $1 $0 $1
98-0480-04 10 (R) ~ EQUIPMENT $5 $4 $4 $0 $4
TOTAL 1997-9~ WATER LABORATORY $0 $29 :$29 $0 $29
TOTAL 1997-96 $3969 $1 110 $5079 $106 $5,187
1997-02 CAPITAL IMPROVEMENT PLAN
WASTE WATER UTILmES
96-0451~1 13 (R) MISCEU. AN~OUS OFFICE EQUIPMENTIFURNITURE SD $4 $4 $0
96-0451-02 11 (R) DMC RENOVATION $79 $5 $79 $0 $79
TOTAL 1997-~ WASTEWATER ADMIN $'/9 $4 $83 SD $83
96-0470~1 1 (N) PRIMARY SLUDGE PUMP (NPLT) $7 SD $7 $7 $0 $7
98-04704~ 1 (N) VORTEX FLOW SPIJ i i ER $12 SD $12 $12 SD $12
96-0470-03 I (H) 2-CHI.ORINE AHALYZERS $7 SD $7 $7 $5 $7
~6-0470-04 1 (R) PLANT SCADA UPGRADE $22 SD $22 $22 SD $22
96-0470~5 I (R) TROMMFJ. SCREEN $165 SD $165 $165 $0 $165
964)4704)6 3 (R) MFTSTATION IMPROV $100 $100 SD $100 $0 $100
TOTAL t~9'f~6 WATER RECLAMATION ~ $213 $513 SD $513
98-O4714)1 7 (G) OVERSIZE SEWERUNES $1~0 $0 $100 SD $100
98-04714)2 9 (R) MISCEU..ANEOUS EQUIPMENT SD $11 $11 SD $11
98-0471~3 9 (G) SEWER TAPS SD $5 SD $50 $50
96-04714)4 6 (G) DEVELOPMENT PLAN SEW~RUNES SD $;250 $250 SD $250
96-0471~)6 8 (I) INFILTRATION INFLO~N CORRECTION INVESTIGATION SD $200 ~ $5 ~
98-04714)7 8 (R) MANHOLE IMPROVEMENT SD $150 $150 SD $150
98-0471~ 8 (R) FIELD SERVICE SANITARY SERVER REPLACEMENT SD $50 $50 SD $50
98-047t -11 5 (R) REPLACE SEWERUNES - UNDERWOOD - PHASE I $311 SD $17 $17 $0 $17
98-0471-12 3 (I) COOPER CREEK lIFT STATION $4 475 $275 $0 $275 SD $275
98-0471G02 5 (R) 1995 HICKORY CREEK INTERCEPTOR CREEK CROSSING $465 SD $465 $465 SD $465
98-0471Gll 15 (R) HVVY 380 SL=V~R MNE RELOCATION $477 $400 $5 $400 $3 $400
98-0471 H12 3 (I) DENTON WEST FORCE MAIN $352 $307 $3 $307 $3 $307
96-0471105 8 (G) (1 ~7) UPGRADE INTERCEPTOR & I/I CORRECTION $1 750 $715 $3 $715 $0 $715
984)471110 5 (R) CLEVELAND ST SEWER/PECAN CREEK CROSSING $345 $231 $0 $23t SD $231
TOTAL 1~7-98 SEWER COLLECTION $2~028 $1 143 $3,17t $50 $3~21
980472-01 9 (S) FIELD EQUIPMENT SD $3 $3 $3 $3
~O472~2 13 (R) OFFICE EQUIPMENT & FURNITURE SD $1 $1 $0 $1
TOTAL 1997-~6 WASTEVVATER ENGINEERING SD $4 $4 SD $4
98-04814)1 10 (R) LABORATORY EQUIPMENT
96-0481-02 10 (T) ANALYTICAL EQUIPMENT UPGRADE SD $t2 $12 $0 $12
964)48t ~3 12 (T} DIV INFORMATION MGMT SYSTEM SD $3 $3 SD
1997-02 CAPITAL IMPROVEMENT PLAN
WASTE WATER UTILITIES
TOT~W TOTAL
96.0481-O4 10 (N) CHEM{CAL CABINETS $3 $4 $4 $0 $4
g8-04814~ 10 (R) LABORATORY EQUIPMENT $3 ~6 $6
98-0481-06 10 {R) LAB RENOVATION $0 $12 $12 $0 $12
TOTAL 1997-g8 WASTEWATER LABORATORY $3 $39 $39 $0 $39
964)4834)1 10 (T) DIV INFORMATION MGMT SYSTEM ~0 $3 $3 ~3 $3
96-0483-02 t0 (S) REMOll~ MONITORING EQUIPMENT $0 $12 $12 $0 $12
g8-0483~3 10 (R) SAMPLING EQUIPMENT
TOTAL 1g97-g8 PRETREATMENT $0 $19 $19 $0 $19
TOTAL lggT-g~ S2,407 $1,422 $3,829 ~0 $3879
1997-02 CAPITAL IMPROVEMENT PLAN
SOUD WAS'rE
~6-GS(X)-O1 3 (R) MISCEL OFFICE SUPPORT EQIJ~C~MENT $0 $2 $2 $0 $2
98-~:~:~-0~ 6 (I) DMC RENOVATION $51 $0 $51 $0 $51
TOTAL 1997-1~8 SW ADMINISTRATION $51 $2 $53 $0 $53
~0801-O1 3 (R) MISC.-ti ! ANEOUS OFFICE EQUIPMENT $0 $2 $2 $0
~-~801 -(~2 13 (1~ ON-BOARD COMPUTER SYSTEM $0 $10 $10 $0 $10
TOTAL 199'/*-19~8 SW RESIDENTIAL $0 $12 $12 $0 $12
_96.z~_ _ _.O1 5 (N~R) MISCELLANEOUS DU~APSTERS $0 $155 $155 $0 $155
98.ea~2-~ 5 O'~I/R ) DUMPSTER ~ 0 $5 $5 0
984)8Q2.O4 13 (R) MISCEL OFFICE SUPPORT EQUIPMENT 0 $3 $3 0
TOTAL 1~G7'-1998 SW COMMERCIAL $0 $163 $163 $0 $163
984)803.01 3 (R) MISCELLANEOUS OFFICE EQUIPMENT $3 $5 $5 $o $5
_98-t~'~02 9 (G) PHASE 1 LANDFILL CONSTRUCTION $3,231 $0 $3,231 $0 $3231
96.-0803.03 4 (G) BUFFER ZONE $200 $0 $200 $0 ~
9843803-05 9 (N) MAINTENANCE BUILDING $0 $95 $.95 $0 $95
~8-(3803437 13 (R) MISCELLANEOUS TOOLS & EQUIPMENT $0 $2 $2 $0 $2
96-0803.08 9 (I) SPENCER BRIDGE $~5 $0 ~ $0 $55
984)603-10 9 (I) WIDEN TURUN LANE OFF MAYHILL ROAD $34 $0 $34 $0 $34
TOTAL 1~97-19~8 SW DISPOSAL $3 560 $1Q2 $3 662 $0 $3 662
98-08(O-01 11 (I) RECYCUNG SITE IMPROVEMENTS $0
96-0804-(32 10 (G) ADDmONAL I EXPAND RECYCUNG SITES $0 $15 $15 $0 $15
9843804-03 3 (R) MISCEL OFFICE SUPPORT EQUIPMENT $0 $2 $2 $0
~8.4)804-05 11 (G) RECYCUNG CONTAINERS $0 $12 $12 $0 $12
~8-.0804-07 11 (G) APARTMENT COMPLEX RECYCMNG $0 $10 $10 $0 $10
TOTAL 1~97-1~ ~ RECYCLING $0 ,$44 $44 $0 $44
TOTAL 1997-1998 $3611 $323 $3934 $0 $3934
1998-2002 CAPITAL IMPROVEMENT PLAN
FLEET SERVICES
TOTAL TOTAL. ~¥~-
9~UYH01 6 (I) CONSTRUCT NEVV FLEET SERVICE CENTER $925 $9 $0 $925 $0 $925 $925
98-05804)1 I (R) LASER PRINTER 1 5 0 $1 5 $1 5 0 0 1 5
98-0580432 4 (R) AJR-IMPACT WRENCH 2 0 2 2 0 0 2
98-05804)3 5 (T) EMISSION CONTROL EQUIPMENT 8 0 8 8 0 0 8
98-0580-04 4 (T) ENVlRO SERVICE VATS 2 0 2 2 0 0 2
TOTAL 1997~8 FLEET SERVICES - VEHICLE MAINT $0 $13 5 $938 5 $9 $925 $938 5
98-0583-01 I (R) LASER PRINTER $1 5 $9 $1 5 $1 5 $9 $0 $1 5
98~)583qT2 5 (S) CATHODIC PROTECTION FOR LISTs 23 0 23 23 0 0 23
984:}583-03 2 (G) OFFICE FURNITURE 2 0 2 2 0 0 2
TOTAL 1997-98 FLEET SERVICES - PARTS & FUEL $(3 $26 5 $26 5 $0 $0 $26 5
TOTAL 1997-98 FI FFT SERVICES $0 $40 $965 $0 $925 $965
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON REQUESTING
FINANCIAL ASSISTANCE FROM THE TEXAS WATER DEVELOPMENT BOARD,
AUTHORIZING THE CITY MANAGER TO FILE AN APPLICATION FOR ASSISTANCE,
MAKINO CERTAIN FINDINGS IN CONNECTION THEREWITH, AND PROVIDING FOR
AN EFFECTIVE DATE
WHEREAS, the City of Denton hereby finds and determines that there is a need for a
plan for flood protection in the Cooper Creek Watershed (Phase II), and
WHEREAS, such planning cannot be reasonably financed unless financial assistance is
obtained ,from the Texas Water Development Board, and
WHEREAS, the City Council recognizes that a grant from the Texas Water Development
Board reqmres a local match of thirty-seven thousand five hundred mnety-mne dollars and fifty
cents ($37,599 50), NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES
S~CTION I That an apphcat~on is hereby approved and the City Manager is hereby
authorized to file an appheation vath the Texas Water Developmem Board seeking financial
assistance m an amount not to exceed tlurty-seven thousand five hundred mnety-mne dollars and
fifty cents ($37,599 50) to provide for the costs of Flood Protection Planning - Cooper Creek
Watershed Phase II The City Manager is hereby further authorized to execute any certifications,
contracts, or other doeumants necessary to obtmn this grant and to expend the matching funds
SECTION II That the City Manager or his designee, the Director of Engineering &
Transportattun will be and is hereby designated the authorized represematlve of the City of
Demon for purposes of furmshmg such information and executing such doeumants as may be
reqmred Im connection w~th the preparation and filing of such appheatlon for financial assistance
and with complying w~th the rules of the Texas Water Developmem Board
SECTION III That this resolution shall become effective immediately upon its passage
and approval
pASSED AND APPROVED this the ~ day of~,
1997
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPR~E~ A~TO LEGAL FORM
HERBERT L PROUTY, CITY AT'F~ O~EY
~ \doas\r~s\Wat~r d~v bd appheatlon
Page 2
A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FOR
THE COOPER CREEK ROAD CROSSING PROJECT WITH BOND PROCEEDS, AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Denton (the "Issuer") is a municipal corporation/political
subdivision of the State of Texas, and
WHEREAS, the Issuer expects to pay expenditures in connection with the design,
planning, and constmctaon of the project described in Exhibit "A" hereto (the "Project") prior to
the issuance of obhgatlons to finance the project, and
WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer
for the payment of such expenditures will be appropriate and consistent wath the lawful
objectives of the Issuer and, as such, chooses to declare its intention, in accordance wath the
provisions of Section 1150 2 Treasury Regulations, to reimburse itself for such payments at such
time as it issues the obligations to finance the ProJect, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES
S CT_S_~ That the Issuer reasonably expects to incur debt, as one or more series of
obhgat~ohs, wath an aggregate maximum principal amount equal to $45,000 for the purpose of
paying the costs for the costs of the ProJect
SECTION II That all costs to be reimbursed pursuant hereto wall be design and capital
expenditures No tax-exempt obligations wall be issued by the Issuer in furtherance of this
resolution after a date wbach is later than 18 months after the later of (1) the date the
expenditures are prod, or (2) the date on which the property, wath respect to wluch such
expenditures were made, is placed in service
SECTION III That the foregoing notwithstanding, no tax-exempt obligation will be
issued pursuant to this resolution more than three years after the date any expenditure which is to
be reimbursed is prod
SECTION IV That this resolution shall become effective immediately upon its passage
and approval
PASSED AND APPROVED this the day of~ ~1
997
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
E \DOCS\RI~S\COOPER CREEK RD CROSSING
Page 2
EXHIBIT "A"
Calculation and sizing of Road Crossings on Cooper Creek
AFF0157C
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON REQUESTING
THE TEXAS MUNICIPAL LEAGUE TO SPONSOR LEGISLATION REGARDING THE USE
OF LOGO READER BOARDS IN URBAN AREAS WITH A POPULATION OF 50,000 OR
MORE, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the Texas Mumclpal League holds an annual conference to discuss matters
of nnportance to local govermng bodies around the State, and
WHEREAS, the Annual Conference is scheduled for October 29 - November 1, 1997 m
Fort Worth, and
WHEREAS, the Texas legislature has adopted legislation permitting the use of logo
reader boards along interstates in areas "located outstde an urbamzed area with a population of
50,000 or more according to the most recent Federal census", and
WHEREAS, such logo reader boards prowde a valuable service to motorists in order to
deternnne upconung locations for food, lodging, and gasohne, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
~ That the Ctty Council request the Texas Municipal League to consider
sponsoring legtslauon winch would amend the current leg~slatlon allowing the use of logo reader
boards along interstates tn urban areas with a populaUon of 50,000 or more
I_St.F~.C_T!_Q~I_!L That the City Manager is authorized to forward a copy of this resolution
to Mr Frank Sturzl, Executive Director of the Texas Municipal League
.$~ That this resolution shall become effective tmmedIately upon ars passage
and approval
the~
PASSED AND APPROVED th~s day of ~_.~_.~_./q997
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
AMM00AC7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON REQUESTING THE
TEXAS MUNICIPAL LEAGUE TO SPONSOR LEGISLATION REGARDING THE REPEAL OF
§3 25 l(d) OF THE PUBLIC UTILITY REGULATORY ACT TO ALLOW CITIES TO COMPETE
AGAINST LOCAL EXCHANGE TELEPHONE CARRIERS IN COMMUNITIES WHERE THE
QUALITY, SELECTION AND COST EFFECTIVE PRICING OF TELECOMMUNICATION
SERVICES ARE INADEQUATE, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the Texas Mumclpal League holds an annual conference to d~scuss matters of
~mportance to local govermng bodtes around the State, and
WHEREAS, the Annual Conference is scheduled for October 29 - November 1, 1997 in Fort
Worth, and
WHEREAS, the Texas legislature ~n 1995 enacted §3 251(d) of the Pubhc Utthty Regulatory
Act ("PURA") which probablted mumclpalmes or mumctpal electric systems from competing path
investor-owned telephone commumcatlon utd~tles by prohibiting ctt~es from obtmnlng cemficates of
convenience and necessity to proxqde telecommumcatlon serwces, and
WHEREAS, the City of Denton and other crees around the State have fiber opttc system
capablht~es Much would promote economac development and reduce the cost of telecommumcatlon
servmes to c~t~zens and customers ffsuch c~t~es were allowed to compete path local exchange telephone
camers, and
WHEREAS, deregulation of the telecommumcatlon industry by State and Federal laws have
not resulted m competition m citaes m non urban areas wbach results ~n local exchange telephone
carners hawng no incentive to install state of the art fiber optic systems to entice econormc
development and tmprove the quality, selection and cost effective pricing of telecommumcat~on
serwces to the current customer base, and
WHEREAS, §3 251(d) of PURA confhcts path the Telecommumcations Act passed by
Congress m 1996 whtch protublts all bamers to competition, NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
SECTION I That the Texas Murac~pal League constder sponsonng legislatton wluch would
repeal §3 25 l(d) of the Pubhc Utility Regulatory Act so that Clttes pall have the option to compete path
local exchange telephone carriers who do not provide the level of telecommumcat~on sepaces desired
by prospective and current industry and residential customers ~n non urban Texas commumtles
SECTION II That the City Manager is authorized to forward a copy of tbas resolution to Mr
Frank Sturzl, Executive Director of the Texas Mumclpal League
SECTION III That tl~s resolution shall become effective upon its passage and approval
PASSED AND APPROVED this the r75 day of ,
1997
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY ,~ ~ ~d.c~
PAGE2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON REQUESTING
THE TEXAS MUNICIPAL LEAGUE TO SPONSOR LEGISLATION TO AMEND THE
OPEN MEETINGS AND THE OPEN RECORDS ACTS TO ALLOW CITY COUNCILS OF
CITIES OWNING AND OPERATING THEIR OWN ELECTRIC UTILITIES TO NEGOTI-
ATE AND DISCUSS POWER SALES AND OTHER CONTRACTS IN EXECUTIVE SES-
SIONS AND TO WITHHOLD THOSE CONTRACTS OR PORTIONS OF CONTRACTS
WHERE TO DIVULGE THIS INFORMATION WOULD BE DETRIMENTAL TO THE NE-
GOTIATING POSITION OF THE CITY, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the Texas Mumcipal League holds an annual conference to discuss matters
of ~mpormnce to local governing bod~as around the State, and
WHEREAS, the Annual Conference ~s scheduled for October 29 - November 1, 1997 ~n
Fort Worth, and
WHEREAS, dunng the last session of the Texas Legislature, several b~lls which would
have deregulated the electric industry and have reqmred mummpally-owned electric uttht~es to
compete directly agmnst all other types of electric ut~ht~es, including investor-owned utthties
were introduced, but failed to pass, and
WHEREAS, the Governor has appomted a committee whmh is now studying the whole
subject of electric utility deregulatton, and
WHEREAS, the next session of the Legislature, whmh meets m 1999, ~s expected to pass
some sort of deregulation legislation which could reqmre mumc~pally-owned electric utd~t~es to
compete directly w~th investor-owned electric utilities, and whmh could open up all mummpal
service areas, which prewously have been protected under the law or under certificates of con-
vemence and necessity, to the right of each retml customer to choose their own electric prowder,
and
WHEREAS, investor-owned utthtles are not reqmred to hold their meetings or d~scus-
siGns concerning their power sales and other electric contracts ~n pubhc, nor are their contracts
generally subject to being disclosed to the general pubhc, and
WHEREAS, mumc~pal~ties who own their own electric utthtles are required to hold d~s-
cusslons and negotiations concerning electric power sales contracts and other contracts in public
and these contracts are subject to public d~sclosure through TEX LOC GOV'T CODE ch 552,
the Public Information Act, and
WHEREAS, m the event of deregulation which prowdes direct competition between mu-
mclpally-owned and investor-owned utilities, mun~mpally-owned electric utthtles would be at a
great disadvantage over investor-owned uttht~es who would be able to determine the negotiation
strategy and position of the mumclpally-owned utihties and to use that to their competitive ad-
vantage, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES
SECTION I That the City Council requests the Texas Mumclpal League to sponsor leg-
islation which would amend TEX LOC 13OV'T CODE ch 551, the Texas Open Meetings Act,
to authorize a mumctpahty which owns an electric utihty to dtscuss its power sales contracts and
other electrical contracts, including price and other material items, in a closed meeting, where to
discuss flus an an open meeting would detrimentally affect the negotiating position of the mu-
nlctpahty with a third party
~ That the City Council requests the Texas Mtmmtpal League to sponsor
legtslatlon whmh would amend TEX LOC OOV'T CODE ch 552, the Public Information Act,
which would create an exception to disclosure an the event of a public request for mformatlon,
where to divulge the contents of all or a portion of the mtmlclpahty's power sales or other elec-
trical contracts would detrimentally affect the negotiating position of the munlclpahty in a third
party
SECTION III That the City Manager is authorized to forward a copy of flus resolution
to Mr Frank Sturzl, Executive Dtrector of the Texas MUmclpal League
SECTION IV That this resolution shall become effective immediately upon its passage
and approval
P4SSED MD ^PPROVED thtsthe -- day of 1997
ATTEST
JENNIFER WALTERS, CITY SECRETARY
iSTO O^ o
HERBERT L PROUTY, CITY ATTORNEY
Page 2
RESOLUTION NO f~O~,~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON REQUESTING
THE TEXAS MUNICIPAL LEAGUE TO SPONSOR LEGISLATION TO AMEND THE
TEXAS LOCAL GOVERNMENT CODE TO ALLOW ALL CITIES UNDER 100,000 POPU-
LATION TO SOLICIT INSURANCE BIDS THROUGH COMPETITIVE SEALED PROPOS-
ALS INSTEAD OF COMPETITIVE BIDDING, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the Texas Mumctpal League holds an annual conference to &scuss matters
of importance to local governing bodtes around the State, and
WHEREAS, the Annual Conference as scheduled for October 29 - November 1, 1997 m
Fort Worth, and
WHEREAS, TEX LOC GOV'T CODE §252 021(b) reqmres a munmtpahty w~th a
populaUon of less than 100,000 to utthze the eompetmve sealed btddmg process before entering
into a contract for insurance winch requires any expendtture of more than $5,000 from one or
more mumctpal funds, and
WHEREAS, TEX LOC GOV'T CODE §252 021(c) allows a mumc~pahty over 100,000
to use the competmve sealed proposal procedure for the purchase of insurance, and
WHEREAS, the purchase of insurance today as a complex process ~nvolvmg many tech-
meal factors other than pnee and a competmve sealed proposal process allows the munmtpallty
to constrict the relattve importance of pnce and other evaluation factors included m the request
for proposals other than just price alone, and it would be of extreme pubhc benefit ff cities wtth
populatt0ns under 100,000 were allowed to purchase insurance through the compettt~ve sealed
proposal process rather than through the compettt~ve sealed bidding process, NOW, THERE-
FORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES
~ That the Clty Counctl requests the Texas Mumctpal League to sponsor leg-
islation which would amend TEX LOC GOV'T CODE §252 021 to allow all clttes to have the
optton of purehasmg msurance through the compettttve sealed proposal process
~ That the Ctty Manager ~s authorized to forward a copy of tins resolution to
Mr Frank Sturzl, Executtve D~rector of the Texas Mun~ctpal League
~ That tins resolutton shall become effective lmmedtately upon tts passage
and approval
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPI~vED A~'TO LEGAL FORM
P~e2
A RESOLUTION ENCOURAGING THE SENATE INTERIM COMMITTEE ON
ELECTRIC UTILITY RESTRUCTURING TO PROTECT MUNICIPAL REVENUES
COLLECTED FROM FRANCHISE FEES AND PROPERTY TAXES WHEN
DEREGULATING THE ELECTRIC UTILITY INDUSTRY, AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, municipalities own, acquire, and maintain the rights-of-way, which
are held m trust for the citizens of each city, according to the laws and Constitution of the
State of Texas,
WHEREAS, municipalities rely on franchise/street rental fees, based on a
percentage of gross receipts, from utlhtles to fund streets and services used by those
utilities,
WHEREAS, revenues from these fees will decrease when the electric industry is
deregulated and customers begm purchasing their energy from entities located outside
their city limits,
WHEREAS, the City of Denton collects just over 2 5 million dollars from such
fees,
WHEREAS, municipalities collect taxes from property owners based on the value
of that property,
WHEREAS, when deregulation of the electric industry occurs, utflitaes with
ralat~vely new but non-competit~ve generation facilities will write down the value of their
plants, accelerate deprecmtion and thus reduce city tax revenues from such property,
WHEREAS, mume~paltt~es derive a very necessary portion of their revenues from
francbase fees and property taxes,
THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES
SECT_~ The City of Denton asks the Texas Legislature to preserve, under
any electric industry deregulation scenario, the rights of the citizens and taxpayers of the
State of Texas as held m trust by Texas cities by protecting the way in which cities have
been compensated through franchise fees and property taxes
~ To accomplish these goals, the City of Denton is working with
statewide organizations such as the Texas Municipal League and the Texas Public Power
Association The City of Denton and these groups desire to participate in this interim
study to present the perspective of cities and their citizens and to work to achieve these
common goals during the next legislative session
~ That the City Manager is authorized to forward a copy of this
resolution to Frank Sturzl, Executive Director of the Texas Municipal League
ECTI~ That this resolution shall become effective upon its passage and
approval
PASSED AND APPROVED THIS,~ -- DAY OF~l~T~_~I997
JACK ~.I~ER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
A RESOLUTION APPROVING THE FISCAL YEAR 1998 FINANCIAL PLAN OF THE
DENCO AREA 9-1-1 DISTRICT, PURSUANT TO THE TEXAS HEALTH AND SAFETY
CODE, CHAPTER 772, AS AMENDED, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the C~ty Council of the C~ty of Denton has been presented the fiscal year
1998 Fmancml Plan of the Denco Area 9-1-1 D~smct for approval, m accordance vath Texas
Health & Safety Code {}772 309, as amended, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES
SCT~ That the City Council of the C~ty of Denton hereby approves the fiscal year
1998 Fmancml Plan of the Denco Area 9-1-1 D~stnct
~ That th~s resolution shall become effective ~mmedmtely upon ~ts passage
and approval
PASSED AND APPROVED thls the C7~ ~-'-~ dayof ~~f.~_, 1997
JAC~LLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
DENCO AREA 9-1-1 DISTRICT
FISCAL YEAR 1998 FINANCIAL PLAN
SECTION 5
FISCAL YEAR 1998 PLAN
Schedule 1: Summary of Anticipated Revenues
-- and Proposed Expenditures
Schedule 2: Anticipated Revenues
Schedule 3: Proposed Expenditures
Schedule 4: Fund Balance Projections
SCHEDULE 1
AMENDED
DENCO AREA 911 DISTRICT FINANCIAL PLAN
I III I 1/111
BEGINNING OF YEAR FUND BALANCE S215,461 $215,461 S427,069 S211,608
ANTICIPATED REVENUES
9-1-1 Serwce Fee Revenue $1 196,878 $1,221,339 $1,362,367 $165,489
Interest Revenue S16,300 $16 902 $40,063 $23,763
M~scellaneous Revenue (Expense) $0 ($400) $0 $0
Contractual Services $82,494 $82,494 $90 921 $8,427
Proceeds From Debt Issue $400.000 $375.000 $1.000.000 $600.000
TOTAL ANTICIPATED RE, VENUES $1,698,672 $1,696,336 $2,493,351 $797,679
PROPOSED EXPENDITURES
Personnel $339,602 $333,370 $353,533 $13 931
Operations $117,570 $105 218 $119,215 $1,645
D~rect Serwces $363,662 $344,936 $431,818 $68,156
Capital Expenditures $656,955 $653,219 $26,786 ($630,169)
Debt Service $41,933 $36,108 $317,505 $275,572
PSAP Equipment Replacement/Upgrades $36.876 $10.876 $1540.000 ~
TOTAL PROPOSED E_X. PENDITURES $1,656,698 $1,483,727 S2,788,867 $1,232,259
REVENUES OVER EXPENDITURES $139,074 $211,608 ($296,506) ($434,580)
END OF YEAR FUND BALANCE $354.63~ ~ ~ ~
Note: Stated Fund Balance does not include Investment in Fixed Assets
It reflects available cash to meet budgeted needs.
Fund Balance Includes both designated and non.designated funds
SCHEDULE 2
DENCO AREA 911 DISTRICT FINANCIAL PLAN
SERVICE FEE REVENUE
GTE $875,700 35 12%
Southwestern Bell $158,889 6 37%
Spnnt $27,204 1 09%
CentuP/ $30 839 1 24%
Wireless $272 250 10 92%
Telephone Company Administrative Cost ($21 853) -0 88%
Uncoliecbble ($1 489) -0 06%
Telephone Company Adjustments $0 0 00%
Pnvate Sw~tch Service Fees $5,100 0 20%
Pnvate Sw~tch Admmistrat~ye Costs ($102) -0 00%
Job Cost Revenue $15.829 0.63%
TOTAL NET SERVICE FEE REVENUE $1,362,367 84 64%
NON SERVICE FEE REVENUE
Interest Revenue $40 063 1 61%
M~sce[laneous Revenue (Expenses) $0 0 00%
Contractual Services $90 921 3 85%
Proceeds from Debt Issue $1.000.000 40.11%
TOTAL NON SERVtCE FEE REVENUE $1,130,984 48 38%
TOTAL REVENUE $2,493,351 100 00%
SCHEDULE 3
DENCO AREA 911 DISTRICT FINANCIAL PLAN
PERSONNEL~ EXPENDITURES
Salaries $287,950 10 33%
Benefits $65 083 2 33%
Other Personnel Services $500 0.02%
TOTAL $353,533
OPERATIONS EXPENDITURES
C0mmumcattons
Tele~ommunlcetlOce $14 084 0 51%
Pdnting $1 717 0 06%
Postage/Shipping $2 779 0 10%
Supplies 56,850 0 24%
Professional Servtces
Lega~ Ser~ces $9 000 0 32%
Aceountlng Serwces $0 0 00%
Independent Aud~ $3 000 0 11%
Profewona[ Devetol=ment $7 450 0 27%
(~ther Professional Ser~ncea $12 900 0 46%
OffiCe Space/Mamtenance $20 028 2 08%
Membersh~ps/Subscnpt~ons
Membei~hlps $940 0 03%
Su~=~l~t~oce S861 0 03%
Advert~emg $700 0 03%
Insurance $7 506 0 27%
Travel/Auto
Travel $18 400 0 66%
Auto Allowance $13.200 0.47%
TOTAL $119,215 4 27%
DIRECT SERVICE EXPENDITURES
PSAP Equipment and Service $380 712 13 65%
Public Ed~ation $22 380 0 80%
'rraming _ $12 900 0 46%
Private Switch 911 $15.826 0.57%
TOTAL $431,818 15 48%
CAPITAL EXPENDITURES
Land $0 0 00%
Building $5,000 0 18%
Furniture and F~xtures $2 200 0 08%
Equipment ~19.586 0.70%
TOTAL $26,786 0 96%
DEBT SERVICE EXPENDITURES
Building Debt $85,955 3 08%
PSAP Equipment Debt $231.~50 8 30%
TOTAL $317,505 11 38%
PSAP EQUIPMENT EXPENDITURES
Equipment & Network Replacement $1.540.000
TOTAL $1,540,000 55 22%
TOTAL EXPENDITURES $2,788,857 100 00%
SCHEDULE4
DENCO AREA 911 DISTRICT FINANCIAL PLAN
............. I II III I III1~'1 .~ I I J II. II.~L .I II I~11 I
BEGINNING FUND BALANCE $215,461 $427,059; S131,563 S220,039 $342,882 s503,238
REVENUES
Net Serwce Fee Revenue (4% growth) $1,221,339' $1,362,367~ $1,416,862 $1,473,536 $1 532,478 $1 593 777
interest Revenue $16,902 $40,063, $6,578 $11,002 $17,144 $25 162
Miscellaneous Revenue (Expense) ($400) $0 $0 $0 $0 $(3
Contractual Serv~ce~ReVenUe $82,494 $90,921 $50,000 $50,000 $50,000 $50 000
Proceeds From Deb~ Issue $37~.000 $1.OO0.0OO
TOTAL REVENUE $1,885,336 $2,493,3Sl $1,473,440 $1,634,538 $1,S99,622 $1,668,939
EXPENSES -
Personnel $333,370 $353,533 $371,185 $389,719 $409,180 $429 514
Operations ~ $105,218 $119,215 $125,111 $130,274 $135,162 $140 538
'3~rect Services $344,936 $431,818 $503,963 $506,997 $510219 $513,643
ap~tal Expenditure{ $653,219 $26,786 $17,200 $17,200 $17 200 $17 200
Debt Semce $36,108 $317,505 $317 505 $317,505 $317,505 $296 016
PSAP Equipment $10.87~ $1540.0oo $50.000 $50.000 $50.000 $50.000
TOTAL EXPENSES $1,483,727 $2,788,887 $1,384,964 $1,411,695 $1,439,266 $1,447,011
REVENUES OVER EXPENSES $211,608 ($295,506) $88,476 S122,843 S160,356 S221,928
ENDING FUND BALANCE
A RESOLUTION SUPPORTING THE EXISTING BOUNDARY BETWEEN DENTON
COUNTY AND TARRANT COUNTY AND SUPPORTING DENTON COUNTY IN ITS
DISPUTE WITH TARRANT COUNTY OVER APPROXIMATELY 5,500 ACRES ON
DENTON COUNTY'S SOUTHERN-MOST BOUNDARY, AND PROVIDING AN EFFEC-
TIVE DATE
WHEREAS, the Tarrant County Commissioners Court as clmmmg a 150-year-old survey
error has resulted m the boundary of Tan'ant County beang moved too far south and that the cor-
rect boundary Is farther north encompassing portions of Alhance A~rport, Trophy Club,
Roanoke, and Flower Mound, and
WHEREAS, Tarrant County has filed a lawsmt against Denton County to clmm a roughly
8 6 square male stretch of land that runs east to west on Denton County's southern-most bound-
ary and encompasses approxamately 5,500 acres, and
WHEREAS, w~tlun thas dxsputed tract of land is property owned by the Alhanee Devel-
opment Company and includes many acres of commercaal property, a seetaon of Grapevine Lake,
and hundreds of residents, and ffflus land as included m Tan'ant County, current tax valuataons ~n
Denton County will drop sagmficantly, and
WHEREAS, the approximately 5,500 acre area forms part of the foundataon of the eeo-
nomxe growth an Denton County, and the potentml value of th~s land ~s tremendous with the an-
tense growth that Denton County as experiencing, and
WHEREAS, the Caty Council deems ~t an the pubhe anterest to support Denton County ~n
ats efforts to oppose Tarrant County's lawsmt to claim th~s land vathm ats boundaries, NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES
SECTION I That the Caty Council beheves that the exastlng boundary between Denton
County and Tarrant County ~s the correct boundary
SECTION II That the Denton Caty Council vagorously supports Denton County an ats
opposatlon to Tarrant County's lawsmt seekmg to clmm approxamately 5,500 acres of land an
south Denton County and wholeheartedly supports Denton County xn its efforts to oppose Tar-
rant County's efforts to clmm thas land as a part of Tarrant County
SECTION III That the Caty Manager as directed to send copies of flus resolutaon to the
members of the County Commassaoners Court of both Denton and Tarrant Countaes
SECTION IV That tbas resolutaon shall become effective lmmedmtely upon ars passage
and approval
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APP{~)vED~s TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Page 2
A RESOLUTION APPROVING THE MEDIATED SETTLEMENT AGREEMENT BETWEEN
THE CfTY OF DENTON, TEXAS AND THE INDIVIDUALS PROTESTING THE CITY
OF DENTON'S LANDFILL PERMIT APPLICATION FOR THE EXPANSION OF THE
EXISTING LANDFILL, AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
MEDIATED SETTLEMENT AGREEMENT, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Denton has formally applied for approval
of proposed Solid Waste Landf~ll Permit No 1590-A (hereinafter the
.,Application"), which application provides for an expansion to the
Clty's existing landf~ll, and ~n connection therewith, a Texas
Natural Resource Conservation Commission ("TNRCC") proceed~nG ~s
currently pending being docketed as In Re C~ty of Denton, Permit
No MSW 1590-A and styled as Case No 582-97-0816, and
WHEREAS, a public hearing was held on the Application as
required by law, and several c~t~zens of the C~ty of Denton
(hereinafter the .Protestors") lodged formal protests to the City's
Application, thereby making the TNRCC proceeding a contested
proceeding Thereafter, on August 29, 1997, the City and all
Protestors participated an a mediation session The purpose of the
medlatlon was to address the concerns of the Protestors associated
w~th the proposed expansion of the Clty's ex~st~nG landfill In
response to the concerns expressed by the Protestors, the C~ty
manifested ~ts w~ll~nGness to modify, to some degree, ~ts pending
Application to address certain specific concerns of the Protestors
As a result of the mediation, the C~ty and all Protestors success-
fully resolved thelr d~sputes and reached a written agreement
entitled ,'Medlated Settlement Agreement" (the "Medlated Agreement")
whlch ls attached hereto as Exh~blt "A" and incorporated herewlth
by reference, and
WHEREAS, the Med~atedAGreement d~sposes of the formal protests
brought by all Protestors, and as a result, the Medlated Agreement
w~ll allow the above-numbered and entitled proceeding before the
TNRCC to be placed on an uncontested agenda for final consideration
and d~spos~t~on, NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
~ That the Mediated Agreement, a copy of which is
attached hereto as Exhibit "A" and which ~s incorporated by
reference herewith, ~s hereby approved, and that the City Manager
· s hereby authorized to execute the Mediated AGreement on behalf of
the C~ty The C~ty Manager ~s further authorized to execute any
other documents whlch are necessary or required, to ~mplement the
terms of the sa~d AGreement
~ That this resolutlon shall become effectzve
zmmedlately upon mrs passage and approval
PASSED AND APPROVED thls the ~--~ day of ~, 1997
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
EXHIBIT A
IN RE § BEFORE THE TEXAS
CITY OF DENTON § NATURAL RESOURCE
§ ·
Perrmt No MSW 1590-A § CONSERVATION COMMISSION
MEDIATED SETTLEMENT AGREEMENT
To avoid htlgatlng the apphcatlon of the CITY OF DENTON, (Apphcant) for Texas Natural
Resource Conservation Commission (Cornnusslon) Mumctpal Sohd Waste Perrmt Number
1590-A, m a Cormmsslon contested pubhc hearmg, the Apphcant and the following Wdma
Haggard, Mason Haggard (represented by Barbara Holeman), Guy Wade Wllhs,
· ~ ..... ,, ~ ............ -.:r. L ... ,._, Lucy Barber, and Robert Donnelly (Protestants) ~. ~,~
mediated thetr dmpute and agree to the followtng
Points of Agreement
I W,thm eighteen (18) months of the execuUon date of this agreement, Apphcant will
~prepare, file, and vigorously pursue, tn a good froth effort, the granting of a request for ~ ~ ~'~
a mod~ficaUon to Pern~t No MSW 1590-A seelong a decrease m the height of the
landfill Apphcant's mothficatlon will request a change tn the design to a thrce-percent
slope on the top of the final cover, whmh, ff granted would result tn perrmttmg
~ construction to a height of approxnnately 680 feet MSL The current landfill and the
pending Apphcatlon have requested a slx-percent slope on the top of the final cover If
the TNRCC does not allow a change to a three-percent slope, the mothficatlon would
result m perrmttmg construction to a height of approximately 692 feet MSL
II Apphcant agrees that tt will not seek to use the area shown on the attached map by the
symbol "+" to obtain d~ reqmred for cover for the proposed expansion m the
Apphcatlon
III Apphcant agrees that, to the greatest extent posmble, tt wall not remove nauve
vegetation tn the area shown on the attached map by the symbol "+" This does not
prohthlt Applicant from removing damaged or dmeased trees or undergrowth from that
area In addition, the Apphcant may need to remove a lwmted amount of naUve
vegetation for the proper operations and maintenance of the faclhty, such as
mmntenance of the fencing, access for collectton of any wind blown trash and sumlar
mamtenance acuvmes Applicant agrees to noufy a destgnated Protestant representattve
before removing trees from that area Wtthm 48 hours of notlficauon, the Protestants'
named representauve wall meet with Applicant representattve(s) at a mutually agreeable
tune to visit the area of tree removal Applicant will not remove native vegetation or
trees for mamtenance purposes only in the area without the agreement of the
Protestants' named representative In addition, the Protestants' representative shall not
tmreasonably withhold then: agreement for native vegetation or tree removal for
mmntenance purposes Until such tune that the Protestants name another
representative, Guy Wade Willis shall serve as their representative and he can be
contacted at ~'~o ~ ~ ~ 9' - ~',~/5- [phone number] The Apphcant will make.
diligent efforts to contact the Protestants' representative However, in the event that
the Protestants' representative or his designee cannot be contacted or is unavailable to
meet wlth the Applicant withm 48 hours, Protestants' consent shall be deemed to have
been given Protestants may, with written notice to the Applicant, change their
designated representative
IV Applicant agrees that it will discontinue use of the two sludge injection areas in the area
shown on the attached map by the symbol "+" within ninety (90) days of the execution
date of this agreement
V Applicant agrees that, within 1 month of Issuance of Permit No MSW 1590-A, it will
institute a monthly litter pickup schedule The monthly litter pickup under this
paragraph will occur along the existing and/or realigned Mayhfll Road between East
Mcg!~ey street and Colorado Blvd, along the existing and/or realigned Edwards
Road from Mayhlll Road to a pomt located nearest the southeast corner of the
"Broclae" property, along Spencer Road from Loop 288 to Mayhlll Road and along all
of the Wastewater Treatment Plant Road
VI Applicant agrees that, wlthm three years from the issuance of Perrmt No MSW 1590-
A, it will begin acquls~tion of the right-of-way between Pecan Creek Mobile Home
park and the Andrew Corporataon and, upon securing the necessary right-of-way, will
relocate Edwards Road to south of the current Pecan Creek Mobile Home Park
VII Apphcant agrees that, within 3 years from the issuance of Perrmt No MSW 1590-A, it
will begin acquisition of additional right-of-way to widen and re-ahgn Mayhlll Road
In addition, Applicant agrees that, wlthm 6 months of the Issuance of Permit No MSW
1690-A, it will begm construction of a right-hand-turn lane from the intersection of
l~layhlll and Spencer to the intersection of Maylull and the Wastewater Treatment Plant
entrance road Applicant agrees to place a flashing yellow caution light at the
Intersection of Mayhtll and Spencer If the intersection is signalized or if Mayhlll Road
or Loop 288 is realigned, Applicant will remove the flashing yellow caution light, and
its use will be discontinued
VIII Applicant agrees that, as soon as practicable after the execution of the Settlement
Agreement, it will turn down the volume of the back-up beepers on landfill equipment
to the lowest level allowed by applicable federal, state or local safety regulations
Applicant agrees that it will not operate heavy machinery at the landfill site after dark
more than two (2) tunes a month, and when necessary for emergencies
IX Apphcant's obligations pursuant to thts Mediated Settlement Agreement are condatmned
upon the TNRCC's ultunate, final tssuance of Permit No MSW 1590-A, as presently
set forth m the draft perrmt, and upon that tssuance not being further protested or
appealed by any person In the event that any actton by any thtrd party (including the
TNRCC, its Commlsstoners, its Pubhc Interest Councd, tts Exeeutlve Dtrector or ars
staffi results m the modfficat~on of Permit No MSW 1590-A m a manner not consistent.
wtth this settlement or results m the Applmauon proceeding to a hearing, then
Apphcant as thscharged from all of ats obhgatmns under the Settlement Agreement,
however, tf the Apphcat~on proceeds to hearing, Apphcant wall not object to the
Protestants' tunely requests to be readrmtted as partaes to the proceedmgs In the event
that the above described changes or modtficatlons occur before the issuance of the
Perrmt, Applmant shall notlf-y the Protestants m writing
X Applmant Is discharged from its obhgatlons under thts Agreement (1) m 30 years, or
(2) upon the transfer or sale of 50% (fifty percent) or more of the acreage and/or the
interest m each Protestants' current properttes to any other person or entity other than a
Protestant's son, daughter, or spouse, whichever occurs first This agreement ts NOT
intended to be a covenant that runs wath the land of each mdlvadual Protestant
XI Apphcant shall landscape the "buffer zone" area along Mayhdl road and at least 1/4
rmle down Foster Road m accordance with the Specaal Use Permit for the landfill For
every 100 linear feet of frontage along Mayhlll Road and Edwards Road, Applicant
agrees to provide at least seven canopy and thirteen understory trees Apphcant agrees
to meet with a representative of the Protestants' choice m order to determine the
percentage of evergreen trees to be used m the landscapang plan, tn any event which
shall not fall below 30% (thn'ty percent)
XII Apphcant shall mall copies of all annual TNRCC Groundwater Momtormg Well
Reports to the Protestants and, upon the request of any Protestant. agrees to attend a
meeting with any interested Protestant at a mutually agreeable tune and place to thscuss
those reports If the Apphcant Is ordered mto corrective actaon by the TNRCC based
on groundwater momtormg reports, then the Applicant wall notify the Protestants and
Applmant will, upon request from each Protestant. pay the necessary fees to have the
Texas Health Department or ats successor agency, perform one independent chermcal
and bactenologacal analysis of the drinking water wells located on Protestants'
propemes It ts the responsthlhty of each Protestant to notify Apphcant m writing, that
they are mvokmg this paragraph It ts the responslbfltty of each Protestant to make
arrangements wtth the Texas Department of Health to have samphng performed.
including arrangements for property access for the Texas Department of Health
XIII Apphcant shall allow a representattve of the Protestants' choosing to enter the landfill
facdtty at any ttme during normal operattng hours as described in the permat The
Protestants' representattve must follow all safety procedures and regulations whale on
site, and must be accompamed at all trines on sxte by a representatave of the Apphcant's
choosing The Protestants' representative must also give a reasonable amount of nottce
to the Applicant to request a visit to the stte
XIV Applicant shall provide to Protestants a list of persons and phone numbers to contact
both at the landfill and the regional office of the TNRCC in the event of complaint
XV This Agreement ts a legal contract between the applicant, CITY OF DENTON, and the
Protestants, ts enforceable by either party against the other tn a court of competent
jurisdiction, is effecttve as of the date the last party executes this Agreement, as noted
below, and shall expire as previously described above in paragraph ten (10)
XVI In consideration of the provisions listed above and actions to be taken by the Applicant,
the Protestants hereby withdraw then: hearing requests for the apphcatlon for Perrmt
No MSW-1590-A
XVII The Executive Dn:ector of the Commission participated tn the medtatton procedure but
Is not a party to thls Agreement The Executtve Dtrector has signed the Agreement
only as a wgness to the Agreement
XVIII The Protestants wtll withdraw then: protests to, and agree that they will not protest but
will cooperate and assist Applicant to the extent reasonably necessary to support,
Applicant's Apphcauon in Docket No 582-9%0816 Protestants further agree that they
will not institute, pursue or cooperate with any other plaintiff or protestant m any action
m the courts or adrmmstratlve agencies contesting or clamung damages arising out of
Apphcant's expansion of its landfill as set out m the Application that is the subject of
Docket No 582-97-0816 as long as the Applicant's acuvtttes are conducted m
accordance with the perrmt and TNRCC regulattons Thts release from liability does
not create, elmunate or otherwise affect any rights or remedies that may otherwise be
avmlable to the Protestants independent of this Agreement based on the existence of a
finally adjudicated violation of the Perrmt or TNRCC rules and regulations Nothing m
this Agreement ts intended to affect negottations between Protestants and the Applicant
regardmg the right-of-way for the expansion of Mayhill Road
XIX Tills AGREEMENT AND ALL OF ITS PROVISIONS SHALL BE CONSTRUED
IN ACCORDANCE WITH AND GOVERNED BY THE LAWS OF THE STATE
OF TEXAS AND VENUE SHALL LIE IN THE COURTS OF DENTON
COUNTY, TEXAS, UNLESS OTHERWISE VESTED IN THE TNRCC OR ITS
SUCCESSOR AGENCY.
XX The Parties to this Settlement Agreement understand that thls Settlement Agreement
~ must be approved by the Ctty Council of the City of Denton in open meettng Thts
Settlement Agreement wtll be effective upon the stgnature o~ and
approval of the Ctty Counctl of the Ctty of Denton /'9't~/~'q~ ~'
FOR THE APPLICANT.
Signature Printed Name, title Date
FOR THE PROTESTANTS
S~gnatufe Printed Name, title Date
Signature d Pnnt~ N~e, t~tle Dat~/ /~
Sf~n~e/ .... /~//~ N~ title d I bate
Signamr~ / ~mted Nme, title Dale
S~gnamre Printed Name, title Date
Signature Pnnted Name, title Date
WITNESSING FOR THE EXECUTIVE DIRECTOR.
Signature Prmted Name, title Date
CITY OF DENTON, TEXAS, APPLICANT
~~Y MANAGER
ATTEST.
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM'
HERBERT L PROUTY, CITY ATTORNEY
APPROVED AS TO LEGAL FORM
KELLY, HART & HALLMAN, P C
BY
sUSAN ZACHOS
301 Congress Avenue, Suite 2000
Austin, Texas 78701
(512) 495-6408
(512) 495-6401 (Fax)
OUTSIDE COUNSEL FOR THE
CITY OF DENTON, TEXAS, APPLICANT
September 10, 1997
Kerry D Sulhvan
Senmr Adm~mstrat~ve Law Judge
State Office of Adm~mstrat~ve Hearings
W~lham P Clements Budding
300 West Fifteenth Street
Austin, TX 78701
Re SOAH Docket Number 582-97-0816. Texas Natural Resource
Conservation Commission ("TNRCC") Docket No 97-0326-MSW,
Application of the City of Denton for Perrmt No. MSW 1590A
Dear Judge Sulhvan
Because I have settled my dmpute w~th the C~ty of Denton, I hereby w~thdraw my
hearing request/protest for the referenced permit apphcat~on I do not wmh to
participate further m any Commmsxon proceedings on thru matter
S~ncerely,
ason Haggard ~ Date
Wdma Haggard v ,~ - Date
Barbara Holeman Date
September 10, 1997
Kerry D Sulhvan
Senmr Adm~mstratlve Law Judge
State Office of Admlmstratlve Hearings
Wllham P Clements Budding
300 West Fifteenth Street
Austin, TX 78701
Re SOAH Docket Number 582-97-0816: Texas Natural Resource
Conservation Conumss~on ("TNRCC") Docket No. 97-0326-MSW;
Apphcation of the City of Denton for Pernnt No. MSW 1590A
Dear Judge Sulhvan
Because I have settled my dispute w~th the City of Denton, I hereby withdraw my
hearing request/protest for the referenced permit apphcatlon I do not wish to
participate further in any Commission proceedings on this matter
Sincerely,
Guy W.~/de V~il~hs Date
September 10, 1997
Kerry D Sulhvan
Semor Adm~mstratlve Law Judge
State Office of Admzmstratlve Hearings
Wflham P Clements Btnlchng
300 West Fifteenth Street
Austin, TX 78701
Re SOAH Docket Number 582-97-0816 Texas Natural Resource
Conservation Commission ("TNRCC") Docket No. 97-0326-MSW;
Apphcation of the City of Denton for Permit No. MSW 1590A
Dear Judge Sulhvan
Because I have settled my d~spute with the C~ty of Denton, I hereby withdraw my
heamng request/protest for the referenced permit apphcat~on I do not wmh to
participate further in any Commission proceedings on this matter
Sincerely,
Date
September 10, 1997
Kerry D S~lhvan
Semor Administrative Law Judge
State Office ofAdm~mstrat~ve Heanngs
Wdham P Clements Budding
300 West Fifteenth Street
Austin, TX 78701
Re SOAH Docket Number 582-97-0816: Texas Natural Resource
Conservatmn Commission ("TNRCC") Docket No. 97-0326-MSW,
Application of the C~ty of Denton for Perrmt No. MSW 1590A
Dear Judge Sulhvan
Because I have settled my chspute with the C~ty of Denton, I hereby w~thdraw my
hearm~ requestJprotest for the referenced permit apphcat~on I do not wmh to
part~c~p,ate further m any Commission proceedings on th~s matter
Sincerely,
Lucy BarberC - Date
September 10, 1997
Kerry D, Sulhvan
Semor Adm~mstratlve Law Judge
State Office ofAdmlmstratlve Heanngs
Wflham P Clements Buflchng
300 West Fifteenth Street
Austin, TX 78701
Re SOAH Docket Number 582-97-0816: Texas Natural Resource
Conservation Commission ("TNRCC") Docket No. 97-0826-MSV~r;
Apphcatlon of the City of Denton for Permit No MS~V 1590A
Dear Judge Sulhvan
Because I have settled my dtspute with the City of Denton, I hereby withdraw my
hearing request/protest for the referenced permit application I do not wish to
pammpate further in any Commmsmn proceedings on this matter
I Date~
Next: Document
A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FOR
TECHNOLOGY EQUIPMENT AND SOFTWARE WITH CERTIFICATES OF
OBLIGATION, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Denton (the "Issuer") ~s a mtm~e~pal corporatlon/polmeal
subdavasaon of the State of Texas, and
WHEREAS, the Issuer expects to pay expenditures m conneetaon wath the desagn,
planning, and construction of the project described in Exhlbat "A" hereto (the "Project"), which
Exhibit "A" is attached hereto and made a part of this resolution for all purposes, prior to the
~ssuance of obhgat~ons to finance the Project "Purchase Technology Eqmpment and Software ",
and
WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer
for the payment of such expendatures will be appropriate and consistent w~th the lawful
objactlves of the Issuer and, as such, chooses to declare ats intention, an accordance vath the
provisions of Section 1150 2 Treasury Regulations, to reimburse ~tself for such payments at such
time as at assues the obhgatlons to finance the Project, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES
SECTION I That the Issuer reasonably expects to ~ncur debt, as one or more series of
obligations, wath an aggregate maximum pnnclpal amount equal to $4,000,000 for the purpose of
paying the costs for the costs of the Project, as set forth in the attached Exlublt "A"
SECTION II That all costs to be reambursed pursuant hereto will be design and capatal
expenditures No tax-exempt obhgat~ons will be issued by the Issuer in furtherance of fins
resolutaon after a date whach as later than 18 months after the later of (1) the date the
expendatures are prod, or (2) the date on whaeh the property, w~th respect to whach such
expenditures were made, is placed m service
SECTION III That the foregoing notwathstandlng, no tax-exempt obligation vail be
~ssued pursuant to fins resolution more than three years after the date any expenditure whaeh as to
be reimbursed as prod
SECTION IV That this resolution shall become effective ~mmediately upon ~ts passage
and approval
PASSED AND APPROVED thas the q~--~ dayof ~L~/~ ,1997
JAC~LLER, MAYOR
ATTEST'
JENNIFER WALTERS, CITY SECRETARY
APPRbED AS~TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
E ~DOCSkRE$\TECHNOLOC~Y SOFTWAR
Page 2
EXHIBIT A
Purchase Technology Equipment& Software $2,000,000 for Public Safety Technology
Equipment & Software
$2,000,000 for General Government
Technology Equipment & Soi~vare
TOTAL $4,000,000
, SO',' TION NO £47-
THE APPRAISAL DISTRICT OFFIC~ ~ ~ACILIT~ ~ LOCATED
~AS, t~e CITY O~ D~ON, a t~n~ umt ~n the Denton Centr~ Apprmsal
D~stnct has received notwe ~om the Apprmsal D~stnct ~n accordance w~th the Texas Pwpe~y
T~ Code Sec 6 051(b) that the Bo~d of D~reaors of the Apprmsal D~strmt had passed a
resolution whereby the Apprmsal D~stnct proposes expansion and renovation of the premises ~n
which the Appraisal District o~ces ~d facflmes ~e located, ~d
~AS, such not, ce included information showing the costs of other available
alternatives to the proposal, and
~AS, the governing body of the C~ty of Denton finds that the proposal of the
Apprmsal D~stnct should be ~PRO~D, NOW T~FO~,
T~ CO~C~ OF T~ CITY OF DE~ON ~BY ~SOL~S
SECTION I That the C~ty Council of the Oty of Denton hereby approves the proposal
for expansion and renovation of the Denton Central Appraisal D~stna premises passed by the
Apprmsal~ D~stnct on April 29, 1997, a copy of which ~s attached hereto ~d mco~orated by
reference herem
SECTION II That th~s resolution s~ll become effective immediately upon ~ts passage
and approval
P~SSED ~ ~PRO~Dthlsthe 7~ dayof ~~ .1097
ATTEST~
~IF~ W~TERS, CITY SEC~T~Y
~T L PROUTY, CITY ATTO~Y
A PROPOSED PARTIAL BUILDING
RENOVATION AND EXPANSION
FOR
DENTON CENTRAL APPRAISAL DISTRICT
TABLE OF CONTENTS
Table Of Contents
Tmnsmlttal Letter
SECTION 1 LEGAL REQUIREMENTS
Section 1 A Enabling Statute
Section 1 B Resolution Approving Partial Renovation And Expansion Of
Denton Central Appraisal D~stnct's Office Building
Section 1 C Blank Resolution For Taxing Junsd~ct,ons' Use
Section 1 D Alternatives For Increasing Floor Space
SECTION 2 FUNDING OF CONSTRUCTION AND COST TO JURISDICTIONS
Secbon 2 A Funding Of The Building Expansion And Renovation
SECTION 3 GENERAL INFORMATION
Sect~qn 3 A. A General Explanation About The Part~al Renovation And
Expansion Of The Building
Section 3 B Factors IncreasIng The Demand For Apprmsal Distnct Serwces
SectK~n 3.C. Support For The Decmmn To Part~ally Renovate The Building
Section 3 D Graphs Illustrating Growth
Secben 3 E Taxable Values For The Years 1993 Through 1997
Secben 3 F Tax Lewes For T, he Years 1993 Through 1996
Section 3 G Budget AIIocabons For The Years 1993 Through 1997
SECTION 4 CONSTRUCTION INFORMATION
Sect~0n 4 A Building Drawing
Section 4 B Outhne Spec~flcabons
Secb0n 4 C Complebon Schedule For The ProJect
2
DENTON CENTRAL APPRAISAL DISTRICT
3911 MORSE STREET, P O BOX 2816
DENTON, TEXAS 76202-2816
To All Members Of The Govemlng Bodies Of The l'axJng Jurisdictions
The Denton Central Appraisal D~strlct Board of Directors requests your support to
renovate and expand our office building This project will enable DCAD to continue
providing quality service to both the junsdicfions and the property owners This project
is needed to accommodate the ever increasing demand for the District's services The
venous sections In this proposal provide support for this project After you review the
proposal, we belteve you will agree that additional floor space is needed
The esbmated cost of the proJect ts $592,000 Our plan is to combine a refinancing of
the ex~ating loan with financing for this project and retain the current monthly buildtng
payment of $4,924, if feasible Thus, the cost of construction will not add a financial
burden to any lu#sdlcflon
Section 1 of the proposal contains information required by the Property Tax Code For
the renovatmn and expansion to occur, the Code requires that 75% of the jurisdictions
adopt a resolutmn supporting the project Accordingly, we are asking that th~s matter
be placed on an agenda for consideration A sample blank resolution to approve or
d~sapprove thts project is enclosed w~th the proposal
Agatn, we are asking your support for our build~ng expanston project If you have any
questions or comments, contact Joe Rogers, Chtef Appraiser
We stncerely apprectate your support
Board of D~rectors
SECTION 1.A ENABLING STATUTE
Sec 6 051 of the Property Tax Code grants to an appraisal dlstnct the authority to
renovate or construct an office building However, any proposed renovation or
constru~on must be approved by the taxing junsd~ons The approval process is set
forth in Sec 6 051 The information below,s an excerpt from Sec 6 051 Cnbcel
requirements have been underlined
Seo. 6.081. Ownership or Lease of Real Property
(a) The board of dlrectom of an appraisal disthct may pumhase or lease real property
and may construct improvements as necossanj to establish and operate the appraisal
office or a branch office
(b) The acquisition or conveyance of real property or the construction or mnovat~on of
a building or other improvement by an appraisal distnct must be approved by the
govemina bodies of three-fourths of the taxin{3 units entitled to vote on the
aooolntment of board members The board of dlrectom by resolution may propose a
property transaction or other action for which this subsection requires approval of the
ta) ngi units The chief appmtser shall notify the presiding officer of each governing
body entitled to vote on the approval of the proposal by delivering a copy of the
board's resolution, together with Information showing the costs of other available
alternatives to the proposal Or~ or before the 30th day after the date the oresidlm3
office~ regelves notice of the oreoosal, the governing body of a ta~ng unit by
resolution mav a;3orove or disaooreve the orooosal If a governing body falls to act
o_p.n or before that 30th day or falls to file its resolution ruth the chief appraiser on or
before the 10th day after that 30th day, the proposal is treated as if it were
d~sapproved bv the clovemlnc3 body
SECTION 1 B RESOLUTION APPROVING PARTIAL
RENOVATION AND EXPANSION OF
DENTON CENTRAL APPRAISAL
DISTRICT'S OFFICE BUILDING
Th,s se~on of the Proposal contains the resolutmn approved by the Denton Central
Appraisal D,stnct's Board of D,mctors to initiate the project The language meets the
requirements and the ~ntent of Sec 6 051 of the Property Tax Code Each junsdlctmn
must approve or disapprove th~s resolutmn if the expansmn and renovation ,s to
proceed
WHEREAS, the Board of Directors of Danton Central Appraisal Distnct finds
and declares that the current facilities of the Dismct located at 3911 Morse, Denton,
Texas, are inadequate to service the ouneat needs and anticipated ~rovah in future needs
of the ~axmg.~unsdictions and taxpayers in the District; and
WHEREAS, there Is a need for additional office space to acoommodate the
increased staff necessary to appraise the ~rowing number and value of properties m the
District; to provide wom for meetings of the Appraisal Review Board and the District
Board of Directors, to pwvlde conference rooms for training, meeting w~th taxpayers,
staff meetings and other such functions; and to comply with requirements of the
Amenoans with DisabtliUes Act and fire safety standards; and
WHEREAS, the staffof the District has thoroughly researched such needs and has
explored available options for meeting such needs in an efficient and econonucal fashion,
and
WHEREAS, options which have been renewed included the renovation of the
current,building in which the District is housed, and the construction of additions of
different sizes; the constructions ora partially completed separate building to be finished
at a later date, and leasing additional space in separate locations, and
WHEREAS, such options have been presented to and renewed by the Board, and
WHEREAS, the Board finds and declares that the best option available winch will
allow the District to perform its duties in the most efficient and economical manner is to
partially renovate the existing building and to construct an addition of approxunately
8,300 square feet, more or less, at an anticipated cost estimate of $592,000 00 subject to
thc hiddmg process,
NOW, TttEREFORE, BE 1T RESOLVED BY THE BOARD OF DIRECTORS
OF DBN'TON CENTRAL APPRAISAL DISTRICT that the Denton Central Appraisal
Dlstnct take all steps necessary to partially renovate its ex~stmg btuldmg and to construct
an addition of apprommately 8,300 square feet, and that the coniract therefor be awarded
by competitive bidding as required by law, and
BE IT FURTHER RESOLVED, that the Chief Appraiser notify the presiding
officer, of each governing body of a taxing unit entitled to vote on the approval of this
proposal by dehvenng a copy of this resolution to each such officer, along with
reformation showing the costs of other available alternatives to the proposal; and
BE IT FURTHER RESOLVED that the Board of D~rectors of Denton Central
Appraisal Dlstnct requests that each of thc govemm_g bodies of such taxing units m the
District APPROVE this proposal by passing and fih,~g vath the Chief Appraiser an
appropriate msoluUon,
PASSED AND ADOPTED flus 29th day of Apnl, 1997
Dl~rrON CECNTRAL APPRAISAL DISTRICT
BOARD OF DIRF~TOR~
ATTEST
SECRETARY
SECTION 1 C BLANK RESOLUTION FOR TAXING
JURISDICTIONS' USE
Sec 6 051 of the Tax Code requires that the approval by each govem,ng body of
DCAD's constructmn proposal be by resolubon To accommodate th~s requirement,
you v~ll find enclosed a resolution fn this se~on that can be completed by fill,ng ~n the
blanks ' Using the blank resolution should save each junsd~on t~me and money
Remember the Tax Code requires ar~ affirmative as=royal and tatum of the resolubon
to DCA~ within 40 days of recalpt of the Appraisal District's resolution No response is
a disapproval A self-addressed envelope Is enclosed for your conven,ence ,n
~nform~ng us of your a~on on this resolutmn
8
RESOLUTION
WHEREAS, , a taxing umt In the
Denton Central Appraisal D~sthct has received notice from the Appraisal District ~n
accordance with the Texas Property Tax Code Sec 6 051(b) that the Board of Directors
of the Appraisal D,stnct had passed a resolution whereby the Appraisal District
proposes expansion and renovation of the premises in which the Appraisal District
offices and factli~es are located, and
WHEREAS, such notice ~ncluded information showing the costs of other
available alternatives to the proposal, and
WHEREAS, the governing body of
finds that the proposal of the Appraisal D~strict should be APPROVED,
NOW, THEREFORE BE IT RESOLVED by the govem~ng body of
that the proposal for expansion and
renovation of the Denton Central Appraisal Disthct premises ~s hereby APPROVED
PASSED AND ADOPTED th~s day of ,1997
Presiding Officer of the Governing Body of
, a tm<lng
umt of Denton Central Appraisal D~stnct
ATTEST
Secretary of the Governing Body
SECTION 1 D ALTERNATIVES FOR INCREASING
FLOOR SPACE
Sec 6 051 (b) of the Texas Property Tax Code expresses that an appraisal d~stnct that
requests approval from the taxing junsdicbons to renovate or construct a build,ng, must
review alternatives for increasing floor space DCAD's staff reviewed several
altamatlves In accordance with the Code, two of the altamaflves are included in th~s
section One alternative is for renovating and expansion, the other Is for leasing the
needed office space The other alternatives reviewed d~d not warrant serious
consideration
DCAD's Board approved the constru~on alternative This alternative provides part~al
renovation of the existing building and an addltJonal 8,296 sq ft This proposed
building improvement will pmwde the necessary floor space for the Appraisal D,stnct to
function effe~vely
3.0.
NOTE The recumng costs present ~n an altematlve can be expected to increase each
year m accordance with the rate of inflation
CONSTRUCTION ALTERNATIVE - PARTIAL RENOVATION OF
THE EXISTING OFFICE BUILDING AND CONSTRUCTION OF A
COMPLETED ATTACHED 8,296 SQUARE FOOT ADDITION
A Non-recurring costs
1 Par'aal renovation of ex~sflng build,rig $133,858
2 Construct completed 8,296 sq ff attached addition $399,177
3 Architectural & Englneenng fees $58,965
Total non-recumng costs $592,000
B Recun'ing additional annual operating expenses
1 Building Maintenance $2,900
2 Electrical $10,340
3 Property Insumnca $7,028
Total recumng addlbonal annual expenses $20,268
This is the ~ altamat~ve This altematwe provides the necessary office
space and in rela~vely short order
LEASE ALTERNATIVE - 7,000 SQUARE FOOT OFFICE
LEASE IN THE CITY OF LEWISVILLE
A Non-recumng costs
1 Equipment $38,643
B Recumng additional annual operating expenses
I Net Lease $68,250
2 Ut~ht~es $ 6,299
3 Equipment Maintenance $ 625
4 Computer Related $11,208
5 Property Insurance (Contents only) $ 850
Total recumng additional operating expenses $87,232
C Recurring additional annual personnel expenses
1 Annual personnel expenses $56,722
Total recumng addltmnal annual expenses (B + C) $143,954
Th~s altamatlve was not chosen because ~t would require substanbal recumng annual
expenditures and the cost is substant;al
SECTION 2 A. FUNDING OF THE BUILDING EXPANSION
AND RENOVATION
The Appraisal District intends to fund the building expansion ~th proceeds from a loan
A lender will probably require that a loan on the completed building be no more than
80% of the market value of the building However, we face one impediment that e
school, tY,-or county that borrows funds for constru~on does not have to deal with A
taxing jUrtsdl~ion can borrow 100% of the cost of a construct]on project, their collateral
being the full faith and credit of the taxpayers An appraisal district does not have, the
authority to pledge the full faith and credit of taxpayers as collateral for a loan because
an approval district can not levy a property tax Accordingly, an appraisal district does
not have any taxpayers The building project will be financed as though it were a
private sector commercial endeavor
Our flnapcing plans call for a s~ngle loan that will consolidate the ex~sting loan and a
loan for~leW construction Combining these two loans wll enable us to keep our
payments =lose to the $4,924 that we currently pay Combining the loans will min,m;ze
the flnarltcial Impact of the building project on the jurisdictions
The amount of thd actual loan may~not be sufficient to cover the full cost of the
completed project Cash reserves are available to fund the cost in excess of the loan
Although we hope to keep monthly payments of approximately $4,924, real~st,cally the
monthlYlPayments may be somewhat higher The monthly payment amount is
'- determined by eight pdmary factors They are
1 Construction cost
2 Balance on ex~sflng loan
3 Appraised value of the completed proJeCt (market value)
4 The maximum loan for which the projeCt quahfies
5 The amount of cash (~f any) used to reduce the loan balance
6 The amount of funds actually borrowed
7 The length of the loan ~n years
8 The ~nterest rate of the loan
SECTION 3 A A GENERAL EXPLANATION ABOUT THE
PARTIAL RENOVATION AND EXPANSION
OF THE BUILDING
This section and the rema,nlng sections provide general information about the building
project and why we need the additional space Since Its ,ncepflon, the Appraisal
Disthct has experienced substantial growth The growth started as properties were
sub-d,vlded and the number of houses and businesses increased The growth
continues and is escalating The available work space in the office I~mits improved
efficiency and performance
You ara all aware of how growth has ~ncreased the demand for your services
Expanding economic activity, population growth and changing property ownersh~p's
and values increase our annual appraisal activity The growth has placed an increased
demand for services on the schools, c~tles and the County Appraising property at
100% of market ~s always a labor consuming affair Maintaining property values at
100% of market value ~n an expanding economy, leads to an Increase in employees
and equipment that raqulres an increase m floor space Our available floor space per
employee reduces the,r efficiency
SECTION 3 B FACTORS INCREASING THE DEMAND
FOR APPRAISAL DISTRICT SERVICES
Vanous factors cause the ever ~ncreaslng demand for DCAD services Add~bonal
serwca$ increase the need for personnel and equipment Add~bonal personnel and
equipment requires additional floor apace Factors causing the ~ncreased demand for
services ara ray,awed in this se~on
ECONOMIC GROWTH IN DENTON COUNTY
The economic growth in Denton County creates additional property accounts Growth
also ddves market values up These factors cause ever increasing appraisals and
supportlmalntalning appraisals at 100% of market, which is a requirement The
economic growth will continue and probably accelerate As this occurs, additional
employees ara necessary to perform the mandated functions efficiently and effectively
Each additional employee consumes a certain amount of floor space
ECONOMIC GROWTH IN ADJACENT COUNTIES
In addition to all of Denton County, we ara responsible for appraising all property w~thm
the boundaries of each jurisdiction, even if the property is in another county DCAD
appraises proper~ In parts of Dallas, Tan'ant, Wise, Cooke and Grayson counties The
subetarltlal growth in these adjacent counties, especially northern Dallas and Tan'ant
and southern Wise and Cooke has a major Impact on DCAD work load We currently
appraise 10,369 property accounts In the five adjacant counaes This number vail
increase significantly Again, as the growth continues, so does the need for additional
personnel
INCREASED NUMBER OF TAX EXEMPT OR TAX ABATED PROPERTIES
State statutes mandate the appraisal of tax exempt properties and propertJes Nth tax
abatements Frequently, the taxable value added to the appraisal roll ~s minimal
These property types may raqulra mora of staff's time than tradltmnal taxable accounts
Because of the magnitude of these accounts, and the resulting loss of tax revenue, the
D~stnct employees must support their position concam~ng the taxable status of the
accounts Further, we get deeply involved when a taxing junsd~ct~on d~sputes the
taxable status of one of these prope~es Simply stated, property accounts that do not
generate property tax revenue can command a d~sproportlonate amount of DCAD
resourcffs Tax exemption and tax abatements encouraging economic growth
increases DCAD's work load The time consumed on these accounts is another
elemen! of the consumption of an appraiser's work hours
PERSONNEL COST ATTRIBUTABLE TO NEW AGRICULTURAL VALUATION
Appl~cations for agncultural valuation have increased substantially Several factors
cause the continuing ~ncrease The value of undeveloped property has steadily
increased for some time, crea~ng an ~ncreased tax b~ll Large tracts of land are sub-
d~wded into many smaller ones As the land value increases, a valuation at productiwty
value becomes ~ncreas~ngly more attractive Couple th~s with an ~ncrease ~n the
number of small parcels of land created by spll~ng abstracts, and the result as an
increase in the number of applications for productiwty valuation For 1998, we received
approximately 1,300 first t~me requests for agncultural valuation This trend w~ll
probably continue
All new agricultural valuation requests are vented In most cases, a field visit is
necessary This action requires a substantial amount of time, regardless whether the
application is approved or disapproved
PERSONNEL COST INCREASES DUE TO GROWTH IN COMMERCIAL SECTOR
Comme~al development continues to increase and diversify In southem Denton and
northern Dallas and Tan-ant County This increasing demand Increases the work load
on the Commercial and Personal Property Departments Just the volume of new
businesses creates a substantial demand for additional personnel The situation is
further complicated by the s~ze and type of businesses The size of some of the
accounts requires substantially more time to appraise than existing ones Diversity of
equipment Inventones and manufacturing structures increase time required to make
accurate appraisals The obvious result is the demand for additional appraisal staff for
these two departments
PERSONNEL COST INCREASES DUE TO RESIDENTIAL GROWTH
Because of the tremendous economic growth In the Dallas/Ft Worth Metmplex, we
have experienced a very large increase In the number of residences in both single
family and multi-family un~s In addition, the number of custom built homes has
increased proportionately Appraising custom home rs more time consuming than an
appraisal of a tract home
We are also expenenclng a substantial increase m add~flons to homes The additions
have to be reviewed very thoroughly Additions may add value, or they may not In
e~ther case, the appraisers have to spend the time necessary to appraise the "home
~mprovement'
IMPLEMENTATION OF GIS
We are currently working on the geographical Informat~on system (GIS) to ~mprove our
productivity Although ~t w~ll probably be 3 1/2+ years before the GIS project is
completed, we w~ll began to use the output as sections of the project are completed
GIS Mil be very beneficial to the Appraisal D~stnct and to the taxing umts, but currently
at as placing a substantial demand on DCAD resources
SECTION 3 C SUPPORT FOR THE DECISION TO
PARTIALLY RENOVATE THE BUILDING
As we began to work vath floor plans, ~t became very clear over half the ex~s~ng
building,would need ranovat~ng The rast of this sectmn d~scusses why renovatmn of
the ex]sting bu,ld~ng is necessary
THE ORIGINAL PLANS WERE FOR A LARGER BUILDING
Odginall;y, the plans for the present building were approximately the same square
footage as the proposed expansion Although ~e current bu,ld~ng was adequate,
growth has made it too small Over time we have removed and erected walls in
response to changing needs To enhance traffic flow and improve efficiency, a
substantibl redesign of work space will improve working conditions and consequently
performance
A FIRE SAFETY SPRINKLER SYSTEM IS REQUIRED
The exi;flng building does not have a fire safety sprinkler system The C~ty of Denton's
fire safety code requires fire safety spnnklers for new buildings and expansion of older
buildings if they exceed a certain size. The size of our planned addition will
automatically trigger the fire safety sprinkler system requirements Aside from the legal
requirements, the {~afety of our employees and records will be greatly improved
THE PUBUC WILL BE BETTER SERVED
The renovation will allow the Appraisal District to better serve the public Currently,
c~tizens Coming to the Appraisal District to d~scuss their appraisal notices during May
and June have to stand in a crowded area for hours The res;dentJal growth in the
County suggests that this s~tuaflon will only worsen ~f not corrected The renovation
substantially ~ncreases the waiting area
THE MAPPING DEPARTMENT WILL BE MOVED TO THE FRONT OF THE BUILDING
AND WILL BECOME MORE ACCESSIBLE TO THE PUBLIC
The Mapping Department is one of our bus,est public contact departments throughout
the year The public uses Mapping to review ownership changes, deeds and other
propertylrecords created and maintained by Mapl3~ng Currently, the Mapping
Department ;s ~n the back portion of the bu~ld;ng w]thout ready access to the pubhc
The renovation will provide an area in the front of the building for making Mapping more
accessible to the public
Access to work areas w~ll be hm~ted to those c~tizens that w~sh to rewew their appraisal
wth an appraiser However, the renovated area and the new addition w~ll be des;gned
so that the public can easily contact an appratser as the need anses
APPRAISERS NEED SUFFICIENT OFFICE SPACE TO CONDUCT THEIR WORK
The only staff that have ass;gned offices are the department heads Other appraisers
work In very small cubicles The available square footage ,n the cubicles ~s simply not
sufficient to accommodate the appraisers, their desks and equipment and ws~tmg
property, owners Meet;ng with the public to d~scuss values is a cnt~cal part of the
appra;sers' job duties The renovation prowdes an assigned office of suffic;ent s~ze so
that each appraiser can conduct business in a professional setting
SECTION 3 D GRAPHS ILLUSTRATING GROVVTH
Th~s section contains graphs that Illustrate growth the Appraisal Disthct has had to
accommodate Certain graphs illustrate growth from 1985, the year the Appraisal
D~sthct occupied the current office building, through 1997 Others ~llustrate the
substantial actlwty ~mpactJng the Appraisal D~strtct from 1992 through 1997 The graph
"NUMBER OF EMPLOYEES' ~ncludes 1998 figures because the 1998 Budget has
been approved
The graphs portray a conbnually escalating demand on the Appre~sal District's
resources From 1985 through 1997, the number of property accounts Increased by
45,490 parcels, per the graph ~NUMBER OF PARCELS' The growth in parcel counts
is growth that will have to be handled annually on a permanent basis The graph
"MISCELLANEOUS CONSTRUCTION PERMITS" Illustrates substantial activity
requiring staff's time and efforts Although each permit does not necessanly mean an
addition parcel to appraise annually, each permit does translate to work for our
employees To accommodate the additional work load, the number of employees has
been continually increased Since 1985, the number of employees has grown from 33
to 50, an increase of 52% The growth ~n personnel ~s the pnmary reason that
additional floor space ~s needed
18.
19.
20.
21
:)3.
SECTION 3 E TAXABLE VALUES FOR THE YEARS
1993 THROUGH 1997
The schedule in this section contains the taxable values for each tayang junsd~on for
the years 1993 through 1997 The last column represents the changes ~n taxable
values since 1993 This schedule is included to show the con~anual Increases in
taxable value, which correlates to the ongoing importance of the Appraisal District's
efforts With continued economic growth, the Appraisal District will experience an ever
increasing demand for service To accommodate these demands, we need additional
resources, both employees and equipment Both beg for additional floor space
24,
25.
· .~m~-.z,,~o o ~=
26
SECTION 3.F TAX LEVIES FOR THE YEARS
1993 THROUGH 1996
The schedule "TAX LEVIES" In this section contains levy information for each
junsd,~on for tax years 1993 through 1996 The 1997 levy ,nformat~on is not
presented because it is not available The next to last column ,n the schedule indicates
total Increased or (decreased) taxes levied since 1993 For Instance, using 1993 as the
base year, the school districts have levied additional property taxes of $74.062.646
Dudng the same pedod, the County has levied $8.685.680 of additional Drooertv taxes,
and the cities have levied $6.397.043 of additional taxes The special d,stricts are
relying less on property taxes The last column represents the average annual
changes In the tax levies dunng this pedod
The continual growth in tax levies is one of the best indicators of the importance of the
Appraisal District's efforts
SECTION 3.G. BUDGET ALLOCATIONS FOR THE
YEARS 1993 THROUGH 1997
The follo~ng schedule t~tled "BUDGET ALLOCATIONS" ,s a comprehensive report on
the funding of DCAD's budget by taxing junsdl~on for each tax year from 1993
through 1997 The next to last column indicates the total increase (or decrease) In the
amount,of funding of the Appraisal District's budgets by each jurisdiction since 1993
For instance, using 1993 as the base year, the school districts have funded an
add~onel $1,072,673 of the Appraisal District's budgets, which averages $268,168 per
year Dudng the same throe year period, the County has averaged paying the
Appraisal District $455 less per year The cities have averaged paying $21,018 less
per year
The information discussed in this se~on, when compared to the information in the
preceding Section 3 F, should convey that the taxing junsdlcflons are receiving
substantial tax levy increases relative to the additional (or decreased) funding of the
Appraisal Disthct's budgets The Appraisal Distnct does not take credit for the property
being available to tax Further, the increase in taxable property accounts and
appraised value Is, not of our mal~ng However, ~t is through the Appraisal District's
efforts that the property is placed on the appraisal roll and is available to be taxed at
market value
32.
34.
3.5.
SECTION 4A BUILDING DRAWING
The fold out in th~s section shows the architect's plans for the extenor of the building
and the floor plan for the renovation and the add~bon The dark hnes on the floor plans
are the wells to be built The lighter lines reflect ex,sang walls that will remain ~ntact
The double broken lines are existing wells that w~ll be removed
The parking lot is not represented The Appraisal D~stnct has sufficient parking as
required by the applicable building code
These drawings em the property of the Architectural Collective and should not be
reproduced
3?.
SECTION 4 B OUTLINE SPECIFICATIONS
The informatmn on the next page is constructmn spec~flcatmns The mformatmn
provides some general ~nformatmn about the actual construction
%%
DENTON CENTRAL APPRAISAL DISTRICT
3911 Morse Street
P.O. Box 2816
Denton, Texas 76202-2816
817-566-0904
OUTLII~ SPECIFICATIONS
SITEWORK:
FLatwork (eidew&lks, etc.) shall be 4" thick, 3000 ps~
~oncrate, reinforced with #3's @ 18" o/c each way.
Building slab will he designed subject to the results of
oils Test Investigation. The slab will be at least 4
~ick, 3000 psi S-sack mix, reinforced with 93'9 @ 18.t o/c
each way. If Soils Test results call for it, the Blab may
be & 5" slab on select fill, or it may be a 5" slab on vozd
box cartons.
Foundation will probably be drilled concrete piers with
Spiral reinforcement, supporting a grade beam system on void
box cartozm.
Foundation will have a 6 mil polyethylene moisture barrier,
and the eoil will be treated for termites.
STRUCTURE:
The structure w£11 be a fabricated metal building system,
using steel bents, purlins, and girts.
EXTERIOR WALLS:
consisting of metal siding on the north ana east s~aes,
son veneer on the west. Cavities will be fully
~nsula~ed, end interior wall surfaces will be 5/8" Fire-Code
gypsum board.
ROOFING:
Roof shell be e continuation of the same mater~al, color and
profile as the existing roof.
ARCH~EDT8
eERALD E. u~uWE · RUBSELL ~ BAI~8 ' MICHAEL A BATES
39.
INTERIOR WALLS:
Interior walls will be o£ metal studs, insulated in some
cases for sound insulation, and surfaced on both sides with
5/8" Fire-Code 9yPsu~ board.
DOORS AND WINDOWS:
Exterior door frames shall be welded steel frames with metal
doors, or glass and aluminum doors, frames, and sidelights.
Interior door frames shall be welded steel frames with 1
S/4" thick, $' x ?' wood doors. Hardware will be commercial
grade, matching existing in finish and keying.
FZNZ~B:
FlOor covering ehall be either Vinyl CoB~osition Tile or
Carpet, with 4' Rubber Base.
Walls 8hall be tape and bedded, textured, and painted.
Ceilings shall be 20 x 2' acoustical tile in a suspended
grid.
Cabinets shall generally match the existing cabinetwork, and
shall be plastic luminate clad.
SPECIALTIES:
Specialties shall include solid toilet partitions, toilet
accessories, grab bars, fire extinguishers, signage, and
projection screen.
MECHANICAL AND ELECTRICAL:
pl-mhing shall be equal to American Standard, Kohler, or
Crane. Fire protection shall be a sprinkler system for both
the new building and the existing.
Heating and air conditioning units shall be gas-f~red
heating, with electric cooling, zoned units, with ducted
returns.
Electrical work shall include fluorescent lighting, metallmc
conduit systems, phone conduits, fire alarm system, and
computer conduits.
40
SECTION 4 C COMPLETION SCHEDULE FOR THE
PROJECT
If approved, the building expansion should be completed by early 1998 If a majonty
approval is received by the end of the summer, construction should begin by the middle
of fall Finalized building construction plans and the b~dd~ng process are required
before construction can begin
The an3hltect has prepared prel~minary plans and cost estimates The amhitect will
complete the final consthJction drawings after the building project has been approved
The following is a tentative calendar of events for the building expansion project A August & September - Present program to junsd~ct~ons and receive approval
B October- Construction plans to be completed
C November- Bidding of project
D December/Maroh - Building constructmn
E April ~ Occupancy
A RESOLUTION OF THE CITY OF DENTON, TEXAS AMENDING RESOLUTION NO
R94-072 ADOPTING CABLE TELEVISION PUBLIC ACCESS RULES, AND DECLARING
AN EFFECTIVE DATE
Wi"IEREAS, SecUon XXII of the Cable Television Franchase Agreement between the
Caty of Denton and Marcus Cable Associates, L L P ("Marcus") prowdes that the C~ty and Mar-
cus must cooperaUvely estabhsh roles for the use of the pubhc access channel, and
WHEREAS, an accordance with Sectaon XXII, on December 6, 1994, the City Councd
passed ResoluUon No R94-072 adopting cable televasaon public access rules after recommenda-
Uon by the Cable Telev~saon Adwsory Board, and
WHEREAS, the C~ty Manager has recommended the amendment of Resolution No R94-
072 to authorize Marcus to develop pubhc access procedures and to reqmre the cable provader,
Marcus, to admamster and oversee the operation of the cable TV pubhc access channel, NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES
~ That, in accordance wath Section 8-162 of the Code of Ordinances of the
C~ty of Denton, Marcus Cable Assoemtes, L L P or any successor cable operator as hereby dele-
gated and darected to admmaster and oversee the operation of the cable TV pubhc access channel
and to develop public access admamstratlve and other procedures for the operaUon of the pubhc
access channel whmh shall ~nclude, without hmltat~on, the following
1 That the use of the channel be on a first-come, first served basis
2 That lottery mformatton and obscemty be prohibited on all pubhc access channel
programming
3 The cable operator wall maintmn and make available to any member of the pubhc
for pubhc mspecUon dunng regular office hours, the names and addresses of all
persons or groups requesUng access programming
S~ECTION II That any pubhc access rules or procedures developed by the cable operator
shall replace and amend the public access rules adopted by ResoluUon No R94-072 and from
and after the effecUve date of the passage of th~s resolution, Resolution No R94-072 shall be
vmd and,of no further force and effect
SECTION III That thts resolution shall become effective ~mmedmtely upon ats passage
and approval
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROU~Y
¢ \docs\res\arc,nd resolution 94-072
Page 2
A RESOLUTION NOMINATING A MEMBER TO THE BOARD OF DIRECTORS OF THE
DENTON CENTRAL APPRAISAL DISTRICT, AND DECLARING AN EFFECTIVE DATE
WHEREAS, the term of office for the Board of Directors of the Denton Central
Appraisal Dlsmet will expire on December 31, 1997, and
WHEREAS, the City of Denton, Texas wishes to nominate member(s) to said Board,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES
SECTION I That the City of Denton, Texas hereby nominates Bill Glese as member(s)
to the Board of Directors of the Denton Central Apprmsal District for a two year term to
commence January 1, 1998
SECTION II That this resolutaon shall become effective immediately upon its passage
and approval
ATTEST
JENNIFER WALTERS, CITY SECRETARY
A RESOLUTION AUTHORIZING THE CITY COUNCIL TO HOLD A JOINT MEETING
WITH THE DENTON INDEPENDENT SCHOOL DISTRICT IN THE CENTRAL SERVICES
BUILDING OF THE DENTON INDEPENDENT SCHOOL DISTRICT, IN ACCORDANCE
WITH ORDINANCE NO 9%220, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, In accordance w~th Section 2 05 of the C~ty Charter and Section 4 1 of the
City Council Rules of Procedure, the C~ty Council passed Ordinance No 97-220 on August 5,
1997 setting forth the procedure under which the C~ty Council can hold meeungs away from the
Demon City Hall, and
WHEREAS, the City Council desires to hold a joint meeting with the Denton Independ-
ent School District away from C~ty Hall to serve the pubhc interest, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES
SECTION I That the C~ty Council joint meeting w~th the Denton Independent School
District for October 15, 1997 begmmng at 12 00 noon will be held In the Central Services
Building of the Denton Independent School District at 1307 North Locust, Denton, Texas Th~s
meeting vall be held m accordance vath TEX GOV'T CODE ch 551
SECTION II That this resolution shall become effective lmmedmtely upon ns passage
and approval
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
E ~DOCS~RES~ADI S SON-$OINT MEETING
A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF THE
NORTH TEXAS HIGHER EDUCATION AUTHORITY, AND DECLARING AN EFFEC-
TIVE DATE
WHEREAS, the term of office for Places 6, 8, and 9 on the Board of Directors of the
North Texas Higher Education Authority, Inc have expired, and
WHEREAS, the Board has nominated Dr Llndsey Keffer - Place 6, Mr W Jay Ander-
son - Place 8, and Mr Jim Brock - Place 9 on the Board, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES
SECTION I That Dr Lmdsey Keffer is hereby reappointed to Place 6 on the Board of
Directors of the North Texas Higher Education Authority, Inc for a term commencing October
1, 1997 and contmmng through September 30, 1999
SECTION II That Mr W Jay Anderson is hereby reappointed to Place 8 on the Board
of Directors of the North Texas Higher Educataon Authority, Inc for a term commencing Octo-
ber 1, 1997 and continuing through September 30, 1999
SECTION III That Mr Jim Brock is hereby reappointed to Place 9 on the Board of
rectors of the North Texas Higher Education Authority, Inc for a term commencing October 1,
1997 and contlnmng through September 30, 1999
SECTION IV That this resolution shall become effective immediately upon its passage
and approval
PASSED AND APPROVED this the F-~ / ~-~-~- day of ~/~7~t"~' ,1997
JACK MILLER, MAYOR
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
A RESOLUTION RECOMMENDING THAT THE DENTON MAIN STREET PROGRAM BE
ENTERED INTO THE GREAT AMERICAN MAIN STREET AWARDS, AND PROVIDING
FOR AN EFFECTIVE DATE
WHEREAS, the downtown area and the Square m Denton have been the focal point of the
commercial and social growth and success of Denton for nearly a century and a half, and continue
to hold a place of honor m our eommumty, and
WHEREAS, the citizens of Denton and the merchants of Downtown Denton have
endeavored to preserve and promote the urnque heritage of Denton, and many volunteers have
unselfishly contributed untold hours of their time and effort to the economic revitalization and
development of the Downtown Denton area and the Square, and
WHEREAS, the clUzens of Denton, the merchants of the downtown area and the Square, and
the employees of the City of Denton Mare Street have joined in a umque partnership m promoting
these objecUves for the downtown area and Square by forming and supporting the Denton Main
Street Program and they beheve that downtown rewtahzatlon efforts in Denton represent the sprat
of our pioneer forefathers and the vigor of our present day entrepreneurs, and
WHEREAS, the success of the Denton Mare Street Program m restonng economic vitality,
preserving and restonng bastonc sites and the resulting commercial and social success in the
Denton Downtown area and the Square ~s unsurpassed when compared to s~mllar commumtles and
should quahfy flus program for a Great American Mmn Street Award, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
SECTION I That the City Council of the City of Denton fully supports the entry of the
Denton Mare Street Program m the Great American Mare Street Awards competmon
SECTION II That ttus resolutton shall become effective ~mmerhately upon its passage and
approval
PASSED AND APPROVED tins the~/~ay of ~J~', 1997
JACK MILLER, MAYOR
PAGE 1
ATTEST
JENNIFER WALTERS, CITY SECRETARY
AI~ROVED AS TO LEGAL FORM
HERBER~T L PROUTY, CITY ATTORNEY
E ~OCS~uRE$~VlAIN STREET PROC[RAM
PAGE 2
A RESOLUTION NOMINATING MEMBERS TO THE APPRAISAL REVIEW BOARD OF
THE DENTON CENTRAL APPRAISAL DISTRICT, AND DECLARING AN EFFECTIVE
DATE
WHEREAS, the term of office for various Appraisal Review Board members of the
Denton Central Apprmsal District will expire on December 31, 1997, and
WHEREAS, the C~ty of Denton, Texas wishes to nominate members to smd Board,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES
SECTION I That the C~ty of Denton, Texas hereby nominates Jane Fulton and J A
Hmsley as members to the Apprmsal Review Board of the Denton Central Apprmsal D~stnct
SECTION II That tlus resolution shall become effective immediately upon ~ts passage
and approval
PASSED AND APPROVED th~s the :~/ff'~-~--day of ~_/~ ,1997
JACK MILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
?' Doe, ument
Ne t
A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITU1LES FROM
UNRESERVED RETAINED EARNINGS OF THE ELECTRIC FUND WITH CERTIFICATES
OF OBLIGATION, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the C~ty of Denton (the "Issuer") ~s a mumclpal corporat~on/poht~cal
subdivision of the State of Texas, and
WHEREAS, the Issuer expects to pay expenditures m connection with the design,
planning, and construction of the project described m Exhibit "A" hereto (the "Project"), which
Exlublt "A" is attached hereto and made a part of this resolution for all purposes, prior to the
~ssuance of obhgat~ons to finance the Project "Upgrade 800 MHz Radio System," and
WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer
for the payment of such expenditures will be appropriate and consistent with the lawful
objectives of the Issuer and, as such, chooses to declare ~ts ~ntentlon, ~n accordance with the
provis~ons of Section 1 150-2 Treasury Regulations, to reimburse itself for such payments at
such t~me as ~t issues the obhgat~ons to finance the Project, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
~ That the Issuer reasonably expects to incur debt, as one or more series of
obhgations, with an aggregate maximum pnnc~pal amount equal to $150,000 for the purpose of
paying the costs for the costs of the Project, as set forth m the attached Exhibit "A"
~ That all costs to be reimbursed pursuant hereto will be design and capital
expenditures No tax-exempt obhgat~ons wlll be ~ssued by the Issuer m furtherance of th~s
resolution after a date which is later than 18 months after the later of (1) the date the
expenditures are pa~d, or (2) the date on which the property, with respect to which such
expenditures were made, ~s placed m service
~ That the foregoing notwithstanding, no tax-exempt obligation will be
issued pursuant to th~s resolution more than three years atter the date any expenditure which is to
be reimbursed is prod
~ That th~s resolution shall become effective immediately upon ~ts passage
and approval
J//~ff~r~ACK MILLER, IVjAYOR
ATTEST
JENNiFER WALTERS, CITY SECRETARY
Page 2
EXHIBIT A
Purchase repeaters and system controller for the 800 MHz radio system
m order to upgrade the system Cost is $150,000
A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FOR
BUILDING RENOVATIONS WITH CERTIFICATES OF OBLIGATION, AND PROVIDING
AN EFFECTIVE DATE
WHEREAS, the City of Denton (the "Issuer") is a municipal corporatlon/pohtmal
subdivision of the State of Texas, and
WHEREAS, the Issuer expects to pay expenditures in connection with the design,
planning, and construction of the project described in Exhibit "A" hereto (the "ProJect"), which
Exhibit "A" is attached hereto and made a part of this resolution for all purposes, prior to the
issuance of obligations to finance the Project "Denton Mumclpal Complex Renovation Phase II,"
and
WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer
for the payment of such expenditures will be appropriate and consistent with the lawful
objectives of the Issuer and, as such, chooses to declare its intention, in accordance with the
provisions of Section 1 150-2 Treasury Regulations, to reimburse itself for such payments at
such time as it ~ssues the obhgatlons to finance the ProJect, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
SECTION I That the Issuer reasonably expects to incur debt, as one or more series of
obligations, with an aggregate maximum pnnclpal amount equal to $715,000 for the purpose of
paying the costs for the costs of the ProJect, as set forth in the attached Exhibit "A"
SECTION II That all costs to be reimbursed pursuant hereto will be design and capital
expenditures No tax-exempt obhgatlons will be issued by the Issuer in furtherance of this
resolution after a date which is later than 18 months after the later of (1) the date the
expenditures are prod, or (2) the date on which the property, with respect to which such
expenditures were made, is placed in service
~ That the foregoing notwithstanding, no tax-exempt obhgatlon will be
issued pursuant to this resolution more than three years after the date any expenditure which is to
be reimbursed is prod
SECTION IV That this resolution shall become effective immediately upon its passage
and approval
P~SSED AND APPROVED th~s the
JACK MILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
Page 2
EXHIBIT A
Denton Mumc~pal Complex (DMC) Complete renovation of exmt~ng
Renovation - Project II space at DMC for Customer Service,
Cash~enng and Tax functions
Renovate area vacated at C~ty Hall
TOTAL t~715,000
AFF015CE
RESOL,.,TION NO ,Y7 ?--0 7/
A RESOLUTION CANCELING THE CITY COUNCIL MEETING OF DECEMBER 9, 1997,
AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, to facilitate various staff members' attendance of an important conference,
the City Council deems it in the public interest that the Council meeting of the City of Denton,
Texas, scheduled for December 9, 1997, be canceled, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES
SECTION I That the City Council meeting of December 9, 1997 is hereby canceled
SECTION II That this resolution shall become effective immediately upon its passage
and approval
PASSED AND APPROVED tlus the -- day of
JACK MILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
/
E \DOCShg, ES\CANCEL MEETING
C \DOCS\RES\UHBRELLA RES
A RESOLUTION OF THE CITY OF DENTON, TEXAS AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND ELECTRIC
TRANSMISSION PROVIDERS IN TEXAS FOR THE PURPOSE OF CONFORMING TO
THE REQUIREMENTS OF THE PUBLIC UTILITY REGULATORY ACT OF 1995; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Public Utility Regulatory Act of 1995 ("PURA")
required all electric utilities in the State of Texas to make their
transmission system available for use as part of a statewide
transmission system; and the Public Utilities Commission of Texas
("PUC") thereafter adopted rules which implement this requirement,
which rules require owners of electric transmission facilities to
have tariff agreements with each entity which makes use of their
transmission system; and
WHEREAS, the practical effect of this requirement, coupled with
the structure of the statewlde transmission system created by the
PUC, would result in Denton havlng to sign an agency agreement as
a transmission-providlng utility in the State of Texas, and tariff
agreements with every electric transm~sslon-using utility in the
State of Texas, consisting of tariff agreements for planned and
unplanned transmission service, and tariff agreements for unplanned
transmission servlce; and
WHEREAS, on June 1, 1997 the City Council passed and approved
Resolution No. 97-024 which authorized and directed the Mayor to
execute an Agency Agreement with ERCOT for the purpose of listing
Denton as a provider of electric transmission services to other
transmission-using utilities throughout the State of Texas; and
WHEREAS, in order to avoid voluminous amounts of paperwork for
all electric utilities in Texas, ERCOT has also developed umbrella
agreements for both planned and unplanned transmission service and
unplanned transmlss~on service for electric utll~t~es utll~z~ng
such transmission services. Denton ~s a member of ERCOT, and ~s
also a user of electric transmission services. ERCOT ls willing to
serve as the lawful agent of its member electric utilities in their
capacity as users of electric transmission services for the sole
purpose of executing uniform agreements for planned and unplanned
transmission service and for unplanned transm~sslon service, at no
cost to its member electric utilities; and
WHEREAS, Denton's approval of the attached Umbrella Agreement
For Planned and Unplanned Transmission Service (Exhibit "A"), to
list Denton as a participant in the umbrella agreements as a user
of electric transmission services; and as a result, will relieve
Denton.'s Municipal Electric Utility from a considerable amount of
paperwork which would otherwise be needed to comply with PURA; NOW
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON NEREBY RESOLVES:
S~CTION I. That the Clty Council authorizes and d~rects the
Mayor to execute the Umbrella Agreement For Planned and Unplanned
Transmission Service with the electric transmlssion providers in
Texas for the purpose of listing Denton as a user of electric
transmission services. The Umbrella Agreement For Planned and
Unplanned Transmission Service is attached hereto as Exhibit "A"
and is incorporated by reference herewith.
~ That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED th~s the ~ day of ~ 1997
JACK MILLER, MAYOR
JENNIFER WALTERS, CITY SECRETARY
APP~VED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
SCHEDULE A
~ Transnusston Tariff~
Brazos Electric Cooperative Wholesale Transmission Service (Rate WTS)
Cherokee County Elecmc Cooperative Planned and Unplanned Wholesale Transmlsston Service Tariff
City of Austin Elecmc Department Transmission Services - TS
City of Denton Municipal Utdmes Wholesale Transmission Service
City of Garland/Garland Power and Light Not Avadable
City Pubhc Service of San Antonio Wholesale Transrmss~on Service - WTS
Coleman County Electric Cooperative Wholesale Transmission Service
Concho Valley Elecmc Cooperative Wholesale Transmission Servme
Deep East Texas Electric Cooperative Planned and Unplanned Wholesale Transmission Servme Tariff
East Texas Elec~'m Coopemtlve Planned and Unplanned Wholesale 'thnsmlsslon Service Tariff
Farmers Elecmc Cooperative Wholesale Transmission Service
Gmyson-Colhn Electric Cooperative Not Available
Greenwlle Elecmc Utility System Schedule TS - Transmission Service
Houston County Electric Cooperative Planned and Unplanned Wholesale Transmlssmn Service Tariff
Houston Lighting and Power Company PTS - Planned Transmission Service
UTS - Unplanned Transmission Service
AS - Ancillary Services (separate Ancdlary Sen, ices
Supplemental Ageements required for individual services)
Kaufman County Elecmc Cooperative Wholesale Transmission Service
Lower Colorado Raver Authority Wholesale Tmnsnnsslon Service Rate Schedule - WTS
Magm Valley Electric Cooperative Wholesale Transmission Service
Medina Elecmc Cooperative Schedule WTS - Wholesale Tmnsrmss~on Service
Midwest Electric Cooperative Wholesale Tmusmlsslon Service
SCHEDULE A
Pubhc Utlhty Board CIty of Brownswlle Bulk Transm,ss~on Tariff- BT 1
Pdo Grande Elecmc Cooperattve Not Avadable
San M~guel Elecmc Cooperative Wholesale Transmission Service
South Texas Electric Cooperattve Wholesale Transmission Service for Planned and Unplanned
Transactions
Southwest Texas Electric Cooperative Wholesale Transmtss~on Service
Southwestern Elecmc Service Company Network Transmtsslon Service Planned
Network Transnnss~on Service Unplanned
Stamford Electric Cooperative Wholesale Tmnsmtss~on Service
Taylor Elec~rtc Cooperative Wholesale Transm~ssmn Service
Texas-New Mextco Power Company Wholesale Transmission Services - Planned/Unplanned Service
Texas Utd~t~es Electric Company Rate NTSP - Network Transn'nss~on Servme - Planned
Rate NTSU - Network Transmission Servtce- Unplanned
both Pursuant to TU Elecmc's Tariff for Transmission Servtce
SCHEDULE B
Trans ' ' P 'er Tra s~onTanffs
Central Power and Ltght Company Open Access Transmisston Service Tariff of
CSW's Operating Companies
City of Bryan Not Available
C~ty of College Station Transmission Service - T 1
Floreswlle Electric Ltght& Power System FELPS Wholesale Transrmsslon Service Tariff
Texas Mumc~pal Power Agency Not Available
West Texas Utfla~es Company Open Access Transmission Service Tariff of
CSW's Operating Compames
SCHEDULE C
Customer's Authonzed R~presentatlve' Sharon W. May s
Customer'sM.,imffAdd~ss 901 A Texas Street
Denton, Texas 76201
Customer'sBillmE Address Bill Bunselmever
901 A Texas Street
Denton. Texas 76201
Customer's Telephone Number
Customer's Facsimile Number o ,, ,-,_.~ ,, 9 -, '~ ~ ,,
A RESOLUTION CASTING VOTES FOR MEMBERSHIP TO THE BOARD OF
DIRECTORS OF THE DENTON CENTRAL APPRAISAL DISTRICT, AND DECLARING
AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES
SECTION I That the City Council of the City of Denton, Texas, hereby casts 218 votes
for Dr Bill Glese for membership to the Board of D~rectors of the Denton Central Appraisal
Dlsmct for the County of Denton, Texas
~ That this resolution shall become effective ~mmedxately upon its passage
and approval
JACK MILLER, MAYOR
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
E \DOCSL°.ES\VOTE CENTRAL APPRAISAL DIST
RESOLUTION NO
A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FOR AN
AUTOMATED FLOOD WARNING SYSTEM, WITH CERTIFICATES OF OBLIGATION,
AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Denton (the "Issuer") is a municipal corporation/political
subdivision of the State of Texas, and
WHEREAS, the Issuer expects to pay expenditures in connection with the design,
plannmg, and construction of the project described in Exhibit "A" hereto (the "ProJect"), which
Exhibit "A" is attached hereto and made a part of this resolution for all purposes, prior to the
issuance of obligations to finance the ProJect "Automated Flood Warning system", and
WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer
for the payment of such expenditures will be appropriate and consistent with the lawful
objectives of the Issuer and, as such, chooses to declare its intention, in accordance with the
provisions of Section 1 150-2 Treasury Regulations, to reimburse itself for such payments at
such time as it issues the obhgat~ons to finance the ProJect, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
SECTION I. That the Issuer reasonably expects to incur debt, as one or more series of
obligations, with an aggregate maximum pnnclpal amount equal to $260,000 for the purpose of
paymg the costs for the costs of the Project, as set forth in the attached Exlublt "A"
~ That all costs to be reimbursed pursuant hereto will be design and capital
expenditures No tax-exempt obligations will be issued by the Issuer m furtherance of this
resolution after a date which is later than 18 months after the later of (1) the date the
expenditures are paid, or (2) the date on which the property, with respect to which such
expenditures were made, is placed in service
~ That the foregnmg notwithstanding, no tax-exempt obhgataon will be
issued pursuant to thts resolution more than three years after the date any expenditure which is to
be reambursed is ptud
SECTION IV. That tins resolution shall become effective immediately upon its passage
and approval
PASSED AND APPROVED tills the /0~'--/'gday of ~/1/tgaP/e~c~/'~, 1997
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
Page 2
EXHIBIT A
Automated Flood Warning System - Total cost $260,000
Installation of automated flood gates at Corbln Rd and Mayhfll Rd - $155,000
Installatxon of electrome momtorlng and software for flood gates - $ 30,000
Installation of hardware for twelve ram and stream flow momtonng stataons - $ 60,000
Rainfall momtormg equipment $ 15,000
$260,000
Next DoCument
A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FOR
THE PECAN CREEK TRIBUTARY 4 PROJECT (ROBERTSON STREET DRAINAGE
PROJECT) AND THE EAGLE/COLLINS PROJECT, WITH GENERAL OBLIGATION
BONDS, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the Ctty of Denton (the "Issuer") ts a mumctpal corporat~on/polmcal
subdtws~on of the State of Texas, and
WHEREAS, the Issuer expects to pay expenditures m connection wtth the design,
planmng, and construction of the project described in Exhibit "A" hereto (the "Project"), whmh
Exhibit "A" is attached hereto and made a part of th~s resolution for all purposes, prior to the
tssuance of obligations to finance the Project "Pecan Creek Tributary 4 Project (Robertson Street
Dratnage Project) and the Eagle/Colhns Project", and
WHEREAS, the Issuer finds, constders, and declares that the reimbursement of the Issuer
for the payment of such expendttures wdl be appropriate and conststent wtth the lawful
objectives of the Issuer and, as such, chooses to declare tts mtentton, ~n accordance w~th the
prows~ons of Sectton 1 150-2 Treasury Regulations, to reimburse ttself for such payments at
such t~me as ~t ~ssues the obhgat~ons to finance the Project, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
SECTION I That the Issuer reasonably expects to recur debt, as one or more series of
obhgat~ons, w~th an aggregate maxxmum pnnclpal amount equal to $300,000 for the purpose of
paying the costs for the costs of the ProJect, as set forth tn the attached Exhtbtt "A"
SECTION II That all costs to be retmbursed pursuant hereto wtll be destgn and capttal
expenditures No tax-exempt obhgat~ons wtll be tssued by the Issuer tn furtherance of this
resolutton after a date whtch ~s later than 18 months after the later of (1) the date the
expenditures are pard, or (2) the date on whtch the property, wtth respect to whxch such
expenditures were made, ts placed m service
SECTION III That the foregoing notwtthstandmg, no tax-exempt obhgat~on will be
~ssued pursuant to th~s resolution more than three years after the date any expenditure which ts to
be retmbursed ~s pard
SECTION IV That thts resolutton shall become effective ~mmedmtely upon ~ts passage
and approval
PASSED AND APPROVED this the/~-~/~ day of,~b~/~, 1997
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
Page 2
EXHIBIT A
Pecan Creek Tributary 4 ProJect - Total Cost $300,000
Robertson Street Drmnage ProJect
Engineenng $ 50,000
Paght-o£-way Procurement $150,000
Eagle/Colhns ProJect
Design $100,000
Total Cost $300,000
A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING THE APPOINTMENT
OF THE RESERVE POLICE OFFICERS LISTED IN THE RESOLUTION
WHEREAS, Section 341 012 of the Texas Local Government Code requires that the City
Council approve persons appointed to the Police Reserve Force before those persons may carry a
weapon or otherwise act as a peace officer, and
WHEREAS, the City Council deems it to be in the best interests of the pubhc safety and
security of the citizens of Denton to authorize members of the Police Reserve Force to exercise
the full authority allowed by statute, NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
SECTION I The following members of the Police Reserve Force are hereby approved
Robert Beadle Chuck Kull
Charles Beavers Paul Leslie
Art Behrens Byron Plechowskl
DeDe Garrett Mike Qmntero
Ron Hull Kelth Stihl
Mike Hupp Shawn Fuller
KevIn Vice Trent Brooks
SECTION II The members of the Police Reserve Force approved in Section I may carry
weapons only when authorized by the Chief of Police and when discharging official duties as
duly constituted peace officers
SECTION III This Resolution shall be effective immediately upon Its passage and
approval
PASSED AND APPROVED this the//~day of~.t/)ff~, 1997
JA~ILLER, MAYOR
ATTEST
BY ~i~E~W~ERS, CITY SEC~T~Y
~PROV~D ^S TO LEG~ ~O~
HERBERT L PROUTY, CITY ATTORNEY
s \resolut~ons\pohce reserve doc
FILE REFERENCE FORM R97-077
Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
FILE(S) Date Initials
JR
Amended by Resolution No. R98-067 12/15/98
JR
Amended by Resolution No. R99-047 09/21/99
JR
Amended by Resolution No. R2000-065 12/19/00
JR
Amended by Resolution No. R2001-072 12/18/01
JR
Amended by Resolution No. R2002-055 12/10/02
JR
Amended by Resolution No. R2004-008 02/03/04
JR
Amended by Resolution No. R2005-008 02/22/05
JR
Amended by Resolution No. R2005-047 11/15/05
JR
Amended by Resolution No. R2006-043 12/19/06
JR
Amended by Resolution No. R2007-028 09/25/07
JR
Amended by Resolution No. R2008-009 03/04/08
JR
Amended by Resolution No. R2009-006 03/03/09
JR
Amended by Resolution No. R2009-028 11/03/09
NOTE Amended by Resolution No R98-067
Amended by Resolution No. R99-047
Amended by Resolution No R2000-065
Amended by Resolution No R2001-072
A REPEALING CLAUSE, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council passed Resolution No 96-061 on October 15, 1996, which
adopted an Investment Policy for Funds for the City, in compliance with the Public Funds
Investment Act, 74th Leg, ch 402, 1995 Tex Sess Law Serv 2958 (Vernon) (TEX GOV'T
CODE Ann Ch 2256), and
WHEREAS, by Resolut, on No 97-026, passed by the City Council on June 10, 1997, the
City's Investment Policy was amended, and
WHEREAS, the City Council desires to amend the Investment Policy to provide for
changes mandated by changes to the Public Funds Investment Act, TEX GOV'T CODE ch
2256, by the 75th Legislature, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
SECTION I That the City Council has reviewed the attached City of Denton Investment
Policy, and has reviewed all the changes which are hlghhghted m the attached Investment Policy
and the investment pohcles and strategies contained therein and hereby adopts the attached
Investment Pohcy with the lughhghted changes as the City's Investment Policy, which attached
Investment Pohcy is incorporated m this resolution and made a part of same as if written word
for word herean That the City Secretary shall xnelude the highlighted changes to the Investment
Policy as a part of the official minutes ofthas meeting to record all changes to the policy
SECTION II That the Assistant City Manager of Finance is hereby designated as the
chief financial officer for the City and the Director of Fiscal Operations is hereby designated as
the City's investment officer to perform the functions requared of them These financial officers
are hereby authorized to perform the functions required of them under the Investment Policy and
in accordance w~th TEX GOV'T CODE ch 2256
SECTION III. That all ordmances or parts of ordinances in force when the provisions of
this resoltltlon became effective wluch are inconsistent or in conflict with the terms or provisions
contained in tIns resolutton are hereby repealed to the extent of any such conflict only The non-
conflicting sections, sentences, paragraphs, and phrases shall remain in full force and effect
SECTION IV That save and except as amended hereby, all the provisions, sections,
subsectaons, paragraphs, sentences, clauses, and phrases of Resolution No 96-061 and
Resolution No 97-026 shall remain in full force and effect
SECTION IV That th~s resolution shall become effective ~mmedmtely upon ~ts passage
and approval
PASSED AND APPROVED tlus the /~_3~/' day of~, 1997
J~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPI~VED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Page 2