HomeMy WebLinkAbout12-12-1995
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CITY COUNCIL AGENDA PACKET
12-12-95
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AGENDA
CITY OF DENTON CITY COUNCIL
December 12, 1995
Closed Meeting of the City of Denton city council on Tuesday,
December 12, 1995 at. 5115 p.m. in the Civil Defense Room of City
Hall, 215 E. McKinney, Denton, Texas, at which the following items
will be considered:
NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO
CLOSED MEETING AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS
LEGALLY PERMISSTDLE.
1. Closed Meetings
A, Legal Matters Under TEX. GOVT CODE Sec. 551,071
1. consider the annual evaluations and salary
adjustments for the City Attorney and Alternate
Municipal ,judge.
2. Consider payment of award of special commissioners
into tho Registry of the Probate court relating to
City o DenkQb v. John,Karvouniaris.
3. Consider settlement demand in the claim of Cox.
4. Consider settlement demand in the claim of Lanzi.
B. Real Estate Under TEX, GOVT CODE Sec. 551.072
C. Personnel/Board Appointments Under TEX. GOVIT CODE
Sec. 551,074
w-;:k Session of the City of Denton City Council on Tuesday,
December 12, 1995 at 6:00 p.m. in the City council chambers of City
Hall, 215 E. McKinney, Denton, Texas at which the following items
will be considersds
' 6:00 p.m,
1. Receive a report, hold a discussion and give staff direction i
• rsgardin; a public safety computir system.
2. Receive a report and hold a disc aiion regarding the legality j
of parents signing away rights c' i minor child.
3, Receive a report, hold a discussion and give staff direction
regarding Denton's lump sum payment to the Upper Trinity
® Regional Water District of jointly owned Teasley Lane
Pipeline.
4. Receive a report, hold a discussion and give staff direction
regarding water and wastewater infrastructure extension to the
Mayhill/Bridges/Gayla Road area.
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City of Denton City Council Agenda OtM
December 12, 1995
Page 2'
51 Official Action on Closed Meeting Items:
A. Legal Matters
S. Real Estate
C, Personnel
D. Board Appointments
C E R T I F I C A T E
I certify that the above notice of meeting was posted on the
bulletin board at the City Hall of the City; of Denton, Texas, on
the day of , 1995 at o'clock (a.m.)
CITY SECRETARY
NOTE. THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE
CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE
HEARING IMPAIRED I$' REQUESTED AT LEAST 48 HOURS IN
ADVANCE OF M SCHEDULED MEETING.<-PLEkSE CALL THE CITY
SECRETARY'S OFFICE AT 566-8309 OR USE TELECOMMUNICATIONS
DEVICES FOR THE DEAF (TDD) BY CALLING `1-800-RELAY-TX SO
THAT A'SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH
THE CITY SECRETARY'S OFFICE.
AC0002Db
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DATEr No•,ember 29, 1995
CITY COUNCIL REPORT FORMAT
TOt Mayor and Members of the city council
FROMt Rick Svehla, Acting City Manager
SUBaSCTt PUBLIC SAFETY COMPUTER SYSTEM
RECOMMENDAT;ONi
The City Council approve a contract with IBM for hardware and
software for Public Safety system, The Data Processing Advisory
Board recommends approval,
¢umm"Y t
This system will be implemented in 2 phases, the first phase will
consist of Computer Aided Dispatching, Police and `ire Records
Management. The second phase will consist of Mobile Data Computers
and a Municipal court system,
~A ROROUNDt
The City currently has no automation in Dispatching or Records
"Management', The current municipal Court system is a public dcmain
software that was originally developed in the early 701s,
PROGRAMS DEPARTMENTS OR GROWS AFFECTEDt
Police, Fire, EMS and Municipal Court
FISCAL IMPACTS
Phase 1 $1,400,000
Phase 2 $3,000,000
Respectfully sub to t
• I`
hick Svehla, Acting City Manager
Prepared by,
Approved:
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ApMdi Mem
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M EMORA ND IJN1
TO., Rick Svehla, City Manager
FROM: Mike Jez, FWculive Director of Public Safety
DATE„ November 29, 1995
RE, Public Safely Computer System
Rick;
You have requested some information regarding the proposed Public Safety Computer
System. In order to truly understand the proposed system it is necessary to briefly
describe where we are and to talk about the system in terms of Phase I and Phase 11.
The Current SWe
Quite simply put, the Police and Aire Departments current ability to manage Information is
mediocre at best. The average layman has no concept of the tremendous volume of
information that both agencies collect and manipulate yearly. To give you some idea,
together the agencies respond to approximately 50,000 Incidents each year. Hach of these
incidents results in the generation of a multiplicity of record keeping forms depending
upon the type of incident and the responding agency.
Sir. 989, the Fire and Police Departments have considered the acquisition of an
info tion management system to be their top priority, These feelings have been so
strot. that t}ue Fire Department was willing to substitute the Computer System for other
CIP r.ajects which had been previously approved.
Cr During each subsequent CIP and budget cycle, both the Fire Chia and I have continued to
emphasize the necessity of obtaining Such a system in order to effectively accomplish the
mandates given to each department. Without the appropriate tools to properly analyze
our operations, many of the most important decisions are being made without the benefit
of complete and accurate information because we are limited to employee recall or time
consuming, manual retrieval of the information. Additionally, a significant number of man
n hours are being lost as a result of having to manually process our information.
Over the course of the last nine years we have been able to improve our capabilities to
some extent by acquiring thirty (30) Personal Computers, many of which were donated to
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the Departments by local businesses. These Personal Computers via flndfed to namr,
specific, commercial software applications such as word processing, spread-sheets,
graphics and rudimentary databases.
However, in 1994 the City Council recognized the criticality of this need and authorized
the expenditure of $1.5 million to purchase what Is hereafter referred to as Phase I of a
Public Safety Information Management System
Phwie I
The monies apfroved by the City Council in 1994 will be utilized to provide the "back
bone" for a comprehensive Public Safety information Management System. It would
consist of the following items:
Messags Switch:
Basic Message Switch
MDC Controllers
Network Manager Workstation
SNA Gateway
Message Switch License
LEGS Inlergration, ; oltware
Fire & Police Computer Assisted Dispatch:
CAD Subnet
CAD Server
CAD Printers
7 CAD Workstations
CAD System Soflware
Mapping Hardware & Software
Police Records Managemcnt Systems
Police RMS Subnot
• Police RMS Servers
21 Police RMS Printers
37 Police RMS Workstations
Police Optical Storage System
Police RMS Software Licenses
• Fire Records Management System: • •
Fire RMS Subnot
Fire RMS Server
4 Fire RMS Printers
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11 Fire RMS Workstations Olt
G Rentole Station [fouling - - -
G Printers
Police Mobile Data Computers,
Mobile Computer
MDC Radio
Hardware
Police MDC Software
Allugshot Hardware & Software
This portion of the system would include most of the "in-house" equipment and software.
So111vare costs for this portion of the project are approximately $856,110.00. The primary
acquisitions during this phase would be Computer Assisted Dispatch, Police Records
Management and Fire Records Managemenl.
Currenlly all dispatch Functions are performed manually. When a public safety dispatcher
receives a call the appropriate response unit must be chosen by recall, a call card must be
manually completed, the unit must be dispatched, the activity must be manually noted on a
radio log, the call card must be manually time stamped when it is Initiated, when the
responding unit receives it, when the responding utit arrives at the location, when the
responding unit completes the call, and finally the disposition of the call must be ~"orcle&
Additionally, the dispatcher must make a choice of whether or not the information needs
to be included on a manually prepared activity shout so that it may be passed from one
shift to another, this activity occurs approximately 50,000 times each year. 'rho simple
math might lead one to believe that the dispatchers are processing only six calls per hour.
However, at a recent flre thirty-three fire personnel were summoned to the scene, five
engine companies and one aerial apparatus were deployed, while at the same time the
dispatchers used twelve police oftlcers to handle seventy-two 911 calls and thirty-eight
other calls for service while working six public safety radio frequencies during a four hour
period, This kind of netivily occurs with regularity and is not the exception. The stress
• and di0lculty in handling this kind of activity with manual systems is overwhelming and
has led to breakdowns in both personnel and public safely service provision. The Public
Safety Inforntalfon System would greatly enhance our abilities to efficiently handle these
critical incidents and relieve some of the awesome stress placed on our employees.
The acquisition of Computer Aided Dispatch (CAD) will be a pivotal event in the
modernization of both the Police and Fire Departments. Without it both Departments are
b little more than reactive. With it the Departments can maintain beat integrity, manage
their calls, route them to appropriate units for timely action, analyze them for common
J problems to be resolved, link them to computerized lists of warrants, hazardous chemicals,
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ambulatory patients, domestic violence court orders and other potentially life-saving
automated data.
Additionally the CAD system will deliver these benefits:
• Departments will be able to automatically prioritize and categorize calls for
service to ensure appropriate responses.
• The computer, and not the dispatcher, will automatically keep track of every
available police and fire apparatus and match them instantly to the locations
they can reach most quickly. This is a necessity for a city encompassing 55.07
square miles with a current population of 66,270 and projected to reach 79,385
by 2000,
• Repeated calls to the same address will automatically be flagged, Responding
personnel will know, for example, about previous violent encounters,
hazardous materials, or unique threats on needs at locations they will be
entering.
• Response times can be analyzed,
• Call distribution reports can be generated in q variety of formats,
• Optimal staring allocations can be determined automatically and without
exhaustive administrative planning.
If we were to shave one minute off of the redundant activities associated with the dispatch
function, and I'm certain we would , this would result in a recapture of 840 working hours
per year. Not to mention the reduetlon of stress on our dispatchers which is perhaps one
of our most critical employees.
The Police and Fire Records Management Systems would automate a multiplicity of
functions that both agencies currently perform manually. They would include but not be
limited to the following;
• Law Enforcement Incident Reporting and Investigations.
• Jail Management.
• Personnel and Scheduling.
® • Property and Evidence Tracking via Bar Coding. r • •
• Pawn Shop Tracking.
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• Fire Incident Reporting,
• Fire Inspection Reporting.
• The mandated State and Federal reports that both agencies are required to
submit.
The list is not all inclusive, but should provide you with some specifics. Currently all of
these functions are performed manually. In short, our analytical capabilities are totally
dependent upon the memory recall or manual processing capabilities of our employees.
With the purchase of Phase I public safety personnel will be freed from time consuming,
sometimes haphazard methods of record keeping to perform basic public safety work far
Fiore eMciently and to employ an automated system which will enable them to rapidly
perform the complex analysis that modern public safety requires,
For the first time in the history of our agencies, supervisors will be able to review and
distribute to their personnel computerized lists of critical Incidents and problem activities
within their command areas generated via computer at a moment's notice. For the first
time, public safety personnel will have the tools to perform sophisticated analysis and
mount tactical operations and systematic problem solving In response without spending
significant numbers of hours manually assimilating the data required for such analysis,
In short, the system will revolutionize public safety service delivery in Denton, Texasl
Phase If
The monies requested in the upcoming Capital Improvement Program would be used to
fund Phase II, Phase II consists primarily of the mobile side of the system and a Municipal
Court Package, The soHware costs associated with Phase 11 are $I, i'ju; t-14.00, Phase If
would consist of [lie following items:
Message Switch[
• Basic Message Switch
Court & CJs Gateways
Message Switch License
Police Records Management System[
19 Police RMS Workstations
® Police RMS Soft Nare Licenses • •
9 Remote Malice Workslatlons
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Fire Records Management System:
6 Fire RMS Printers
16 Fire RMS Workstations
Police Mobile Data Computers:
90 Mobile Computers
Police MDC Software
Fire EMS Mobile Data Computers:
18 Mobile Computers
Fire MDC Software
Municipal Court System:
Court Subnet
Court Server
4 Court Printers
14 Court Workstatlons
Municipal Court Software
Although my brief description of Phase I turned out not to be so brief it was necessary.
Because, Phase 11 essentially is the delivery of all of the Phase I activities to the Public
Safety Personnel in the field via the installation of computers in all of the mobile public
safety apparatus,
Mobile Dala Computers (MDC's) will enable held personnel to do field entry of all
incident reports cutting processing time from days to minutes and alleviate all duplicate
data entry activities:
The Police Department's demand for paperwork and record keeping is far more intensive
than the Fire Department's, so for this portion of the memorandum I will use primarlly
Police examples.
• Currently when a police ollleer makes an arrest there are no fewer than seven reports that
are required. Each of these reports contains common biographical information that must
be captured seven times. Sometime during the officer's shill he must come into the station
and type the required reports. At some other time a records clerk will enter the typed
report into a computer in the records section.
This report activity occurs over 14,000 times annually in the case of Arrests and Crime
Reports and 50,000 times annually In the case of call cards. The purchase of MDC's
world allow Held entry, thereby keeping the ofltcer on the street, create a one time entry
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because the data would be transmitted to the host computer
reduce repetitive entries by linking the common information required on different reports
so that it need be entered only once. If we were to estimate a 30 minute time savings on
those 14000 incidents and a 5 minute time savings on processing the 50,000 annual call
cards [his would result in a recapture of almost 11,000 man hours.
More Importantly the system would greatly enhance the safety, of our Public Sai`ety
personnel by linking them with State and Federal Crime Information Data Bases.
Officers would be able to access, by MDC's, the local, state and federal wanted persons
and stolen property files, and do crime analysis from their vehieles.
Fire safely personnel would be able to access hazardous material storage data, hydrant
location, and lire fighting protocol prompts while responding to a fire. While Emergency
Medical Personnel would have mobile access to locations of ambulatory patients and
medical protocols while treating patients in the field.
In short, Phase 11 takes our ability to process and manage information whr° the "rubber
meets the road" by placing it in the hands of police officers and firefighters thereby
enhancing our life saving capabilities for our citizenry.
Cost Avoidance/Reducflon
Avoldance
The projections 1 have provided, In terms of man hours saved due to the system, are very
conservative so [hat they would be accepted as extremely reasonable. In any event, based
on a conservative estimate of 11,000 man hours saved annually we would avoid personnel
costs of 5,28 persons, assuming that our current workload has become unmanageable and
the addition of these personnel would be necessary without the purchase of the system.
Using a mean salary of $30,000.00 over the twenty year life of the debt service we would
recognize a $3,168,000.00 cost avoidance in the Police Department alone. More
importantly, [he system would result in Police Officers patrolling the streets of Denton
11,000 additional hours each year by even the most conservative estimatel I would feel
fairly safe in saying the system might recapture twice the number of man hours I have
predicted between both the Police and Fire Deparin„mts, One of the reasons It is so
difficult to project cost avoidance with such a system is because our current data Is so
difficult to retrieve and the system does not lend itself easily to such traditional
quantitative measures.
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Reduction
If the price tag on the project Is simply too high, by reducing the number of MUC's in
Phase II by 39 we could recognize a cost reduction of $413,166,00. Such a reduction
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.ter.. .T. ♦ _ ,1 axC..ri~ 1Y :'t. would still e[low the instalfntion of MDC's in "front-lino" public I not, howrra, allow us to equip the Detw
ivo units or
would caution apb* t reduction of greger mW tude,
SUMMArq
Whether you live in New York City or Denton, Texas, guns are just as lethal, fires burn
just as fast and heart attacks arejust as deadly. The only real ditf'aerWe in Metropolis MW
Small Town, USA is volume. In contemporay times either place requires a public safety
network that has automated call entry, call taker and dispatcher notes, 8911 support,
geofile location ve'itlcation, automatic call prioritization, unit" status tracking, unit
recommendations, times for units and calls, sute/NCIC interfaces and other features so
essential to the modem day delivery of effective public safety services. This proposed
system is functional and to meet the demanding requirements of contemporary public
safety service delivery.
WOW W. )ez
Executive Director of Public Safety
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MINUTES OF Duo . r
DATA PROCESSING ADVISORY BOARD
MEETING OF NOVEMBER 27, 1995
MEMBERS PRESENT: Don Edwards, Rosa Lawton and Renae Seely
MEMBERS ASSENT: Anthony Hudspeth and Bruce Mitchell
OTHERS PRESENT: Gary Collins, Mary Collins and Mike Jez
Roc,., Lawton made a motion to approve the minutes of the April 10,
1995 and August 8, 1995 Data Processing Advisory Board meetings,
Renae Seely seconded the motion and it passed unanimously,
Chief Jez explained the need for and the capabilities of the
proposed computer system. Gary Collins discussed the difference in
cost between the two (2) responding vendors, Gary Collins also
discussed the need to break the project into two (2) phases due to
funding restriction.
Gary Collins explained Phase one (1) would consist of computer
Aided Dispatch, Police Records Management, and Fire Records
Management. Gary Collins stated that Phase two (2) would consist
predominately of Mobile computers in the Police and Fire
Departments' vehicles. Additionally, Phase two (2) will consist of
a Municipal. Court System.
Renae Seely made a motion that the Board recommend that the City
Council approve a contract with IBM for Phase one (1) at this time
and Phase two (2) when the additional funding becomes available,
Rosa Lawton seconded the motion and it passed unanimously,
Mary Collins explained. that for FY 93-94 the Administrative
Services requested a file server back up system and during the
Budget Process, instead of the total cost being allocated,
• authorization was given to provide the funding over a five year
period. In FY 94-95 the first year of a four (4) year lease for a
RAID server was committed to by the city. Mary explained, that the
city needs to commit to the remaining years in order to complete
the lease agreement, Rosa Lawton made a motion to recommend the
City Council approve the remaining 3 years of the RAID server lease
for FY 96-98. Ranae Seely seconded the motion and it passed
O unanimously. •
There being no further business the meeting was adjourned,
ANNWJ20
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CAPITAL COSTS COMPARISON
~f Bfi~ _PROPOSAL Cuslomtzatio ,a....~W
VERALL TOTALS Hardware Software Installation 8 Training Total
Phase 1 Totals 4462,944 $856,110 -$$1-i2,200 $2589178 $1,689,432
Phase 2 Totals 1,885,089 1,136,444 101,935 122,195 3,245,663
Options Totals 45,318 30,600 900 456 77,274
Grand Totals $2,393,351 $2,023,164 $216,036 $360,828 $6,012,370
UNISYS PROPOSAL
OVERALL TOTALS
Phase 1 Totals $554,084 $638,187 $59,992 $1,466,805 $2,719,068
Phase 2 Totals 1,603,875 251,740 176,644 744,717 $2,776,978
Options Totals 259,794 206,467 5,379 292,547 $764,187
Grand Totals $2,417,763 $1,096,394 $242,415 $2,604,069 $6,260,231
ISM V5 UNISYS
DIFFERENCE
Phase 1 Totals ($91,140 $217,923 $52,208 ($1,208,62 ($1,029,636
Phase 2 Totals 281,214 884,704 (74,709 (622,522 468,687
Options Totals (214,476 (175,867 (4,479 (292,091 (G861913
_ u Grand Totals _x$24,402 $926,760 x$2$L 60 $2123,240 ?L 247,861
s
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IBMPR005,WK4 11/2719510,23 AM Tab F Al - F'24
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O t' ` t r ta t i~~r ra{`(s11~'r A2~4J Yi \3~YK e
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E 1 PROJECTED COSTS FOR 5 YEARS
FY FY FY `.FYI
ISCRIPTION 1996.96 1996.97 1997.98 1998.99 1999 2000 TOTAL
n m asts,
Hardware $244,417 $0 $0 $0 $0 $244.417
Software 769,474 0 0 0 0 769,474
Installation 107,250 0 0 0 0 107;250
Training 256,546 0 0 0 0 256,546
osts Total $1,377,668 $0 $0 - $0 $0 $113771686
Recurring Costs.
Hardware Lease $70,352 $70,392 $70,392 $70,392 $70,392 $351,1359
Software Licenses 116,134 116,134 1160134 116,134 116,134 680,688
Hardware Maintenanece 28,722 28,722 28,722 28,722 28,722 143,W$
Recurring Costs Total $215,247 $215,247 $216,247 $216,247 $215,247 $1,076,235
GRAND TOTAL 51,692,935 $216,247 $216 247 $2116,247 $216,247 7,463 927
IBMPR005.WK4 11127/9510:34 AM Tab 0 Al - GO
, t, ns t H<<a,/r,~ti ,rift s , ~r~~b1 y ,~~~+c-fA'`~#jA,+ 'fir [}CS +~t
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PROJECTED COSTS FOR 5 YEARS
FY_: _..._Py_ FY FY
SCRIPTION 1995.96 1996.97 1997.98 1998-" 1999- 200 TOTAL
On m oats:
Hardware $1,730,303 $0 $0 $0 $0 $1,730,303 ,
Software 1,041,074 0 0 0 0 1,041,074
Installation 98,935 0 0 0 0 98,935
z Training 115,327 0 0 0 0 115,327
nsts Total $2,985,639 $0 $0 $0 $0 $2,985,639
Recurring k';)sts;
Hardware Lease $50,593 $50,593 $50,593 $50,593 $50,593 $252,963
Software Licenses 163,073 160,873 160,873 160473 160,873 806,585
Hardware Malntenanece 88,399 88,399 88,399 88,399 88,399 441,995
Recurring Costs Total $302,065 $299,865 $299,865 $299,865 $299,865 $1,501,524
GRAND TOTAL $31287,704 $299,865 $299,865 $299,865 ;2991866 -$4,4872163
IBMPR005,WK4 ? 1/2719510;30 AM Tab H Al - 018
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C17Y OF DENTON, TEXAS MUNICIPAL BUILDINO ~ DENTON, TEXAS 76201 ~ TELEPHONE 817.5664"
0fftO of the City secretary
MEMORANDUM
DATES December 8, 1995
T0t Mayor and Members of the City C unail
FROMs Jennifer Walters, City Secrete
SUBJECT: Work Session Item 02,
Information for this agenda item will be supplied under separate
cover by the City Attorney.
[
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CITY COUNCIL AGENDA ITEM
TOl MAYOR AND MEMBERS OF THE CITY COUNCIL
FROMi Rick Svehla, Acting City Manager
SUBJECT; CONSIDER APPROVAL OF DENTON'S PAYMENT OF ITS SHARE
Or JOINT TRANSMISSION LINE COSTS TO THE UPPER
TRINITY REGIONAL WATER DISTRICT (UTRWD)
RE000D[MATION;
The Public Utility Board recommends approval of a lump sum
payment to UTRWD from available water bond funds for Denton's
share of the joint transmission line project cost.
SUMKARY
Denton owes the Upper Trinity Regional Water District (UTRWD)
$487,555 for Denton's share of a new water transmission line
that runs along Lillian Miller Parkway from approximately the
Red Lobster restaurant south to Ryan Road. The 30", 24", and
20" ductile iron line is jointly owned by the City of Denton
and the UTRWD.
Denton utilizes the line for transmission service for citizens
within the southeast quadrant of the city, tieing into a 16"
transmission line at FM 2181, and also tieing into an 8" line
at Ryan road. The UTRWD uses the line to provide transmission
service to their metering point at Old Alton. From Old Alton,
the line continues south providing transmission service to
Argyle and Bartonville.
Denton's share of the Transmission Water Line was funded with
UTRWD revenue bonds which are to be repaid from 1995 through
2018, or 23 years. Denton has the option of making a lump sum
payment to UTRWD now or to make annual payments for Denton's
share of the UTRWD revenue bond payments over the next 23
0 years, Analysis shows that a lump sum payment is more cost
effective compared to annual debt payments. Based on current
interest rate assumptions, the total savings would be
approximately $450,000, There are $6.5 million in water bond
funds currently available, so no water bond sale is required
to satisfy this requirement.
® BACKGROUNDi r + O
On May 6, 19931 the City of Denton entered into a contract
with the Upper Trinity Regional Water District (UTRWD) for the
construction of a Toint Transmission Line along Lillian Miller
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CITY COUNCIL AG&MA AQMda Item
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Parkway from approximately the Red Lobster restaurant south to
Ryan Road.
The UTRWD provided the funds to design and construct the Joint
Transmission Line, including rights-of-way. Capital costs
were assigned to Denton and the other customers in proportion
to their respective shares of rated capacity of the line.
Denton's ownership of the line is 66W for the 30" and 24"
portions, 3,702 feet, and 25t for the 20" portion, 5,743 feet.
Documentation received from the UTRWD states that Denton.'s
Transmission Line costs total $532,192. Transmission Line
payments over the 23 year term of the debt service total
$1,040,488. Line detail of the $532,192 is provided below.
Line construction costs $ 268,601.47
Engineering costs 40j809.92
Easement costs 47,113,79
Land agent costs 30,749,14
Legal costa 2.978.29
Total Direct costa $ 390,261.61
Project management costs 20,918.02
Bond issuance costs 70865,74
Capitalized interest reserve costs 68151,0,62
Debt service reserve fund costs 44.635.60
Total indirect costs $ 141,929.98
Total Transmission Line costs $ 532,191.59
(If Paid out over. 23 years)
The Public Utility Board has recommended paying the coat in
full from existing water bond funds, instead of over the 23
year bond term. UTRWD has agreed tnat Denton can eliminate
the debt service reserve fund costs if we provide the payment
in full, If debt service reserve costs are removed from the
total, Denton would owe $487,555.99 to the UTRWD.
Total. Transmission Line costs $ 532,191.59
minus
Debt service reserve fund costs 44,635,60
Total Lump Sum Transmission costs $ 487,555.99
® A savings of $508,029.03 over the life of the 23 year term
will be generated by making a lump sum payment,
Total 23 Year payout cost $ 995,585.02
Total Lump Sum Transmission costs 487,555.99
Savings $ 508,02903
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AP* 00,
Aoimft Item
CITY COUNCIL AGENDA Bll.,_....».....
Page 3
Factoring in the interest income lost from the bond
funds paid out ($487,555,99) at five percent for two years,
the savings decrease to $458,054,54, Two years is the
remaining life of the available water bonds if the lump sum
payout in not 'made based upon the current CIP,
savings $ 508,029:03
Interest income lost 49,974
Adjusted Savings $ 459,054.54
Also, if Denton were to issue water bonds, the estimated
interest rate would be approximately 6* versus the 6.344 that
the UTRWD is now paying. This would represent a savings of
$1,542 per year.
FISCAL SWRIIAR'Yi
The water department would wave approximately $450,000 by
making the UTRWD payment in full from water bond funds. The
payment would be made from bond fund 661, which has an
unobligated balance of $556,258.
PROGRAX9j DgPARTMRNTS OR GROUPS LFPBCTZDs
Water Rate Customers, Denton Municipal Utilities, Legal
Department, Finance Department', Public Utility Hoard, and City
Council.
Reap ully submitted,
090
-Rick Sveh a
Acting City Imager
Prepared bye
R.E. Nelson, Executivo
Director of Utilities
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AP"OXIMATQY 8,400 LT' OF 20' INAl
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G11V or IVITCiN
_~CIIY ~A1{1f~i;flfi Q~P!Ct)I~__
CITY OF DENTON MUNICIPAL UTILITIES 901•A TEXAS STREET DENTON. TEXAS 76201
7
M E M O R A N D U M
Tol Carl Young, Councilman
Thrus Lloyd V. Harrell, City ManAger
Thrui R. E. Nelson, Executive Director
Froms Howard Martin, Director
of Environmental Operations
Dates October 4, 1995
9ubjl Water and Wastewater Infrastructure 8aetensien To The
Mayhili/Bridges/dayle. Road Area
As per Councilman Young's request, staff has completed the analysis
of extending water and wastewater infrastructure to the area
bordered by Mayhill, Bridges and Gayla roads (See Attachment II,
the folded map). Part of this area currently has access to City
water but none of the area has City wastewater service.
The water line (identified In blue on Attachment II) would be
extended from the end of Gayla Road along the entire length of
Bridges Road and east down Spencer Road to Mayhill Road, The six
inch water line extension is estimated to cost $73,560 (see
Attachment I).
Wastewater service to this area will be more involved and expensive
to accomplish. A twelve inch trunk line (identified in red on
Attachment II) would be constructed from the existing wastewater
interceptor up an unnamed tributary of Pecan Creek (2,340 ft.) to
W Mayhi.ll Road. The eight inch collection lines for this area would
he constructed along the existing streets. The total cost of
extending wastewater infrastructure to this area is estimated at
$317,980 (see Attachment I).
The total cost of this infrastructure infill project is estimated
at $391,540. The Utility Department's FY 1996 - 2000 Capital
A improvement Plan does not currently include funding for this
project. However, the Public Utilities Board is reevaluating a •
policy developed by staff in 1993 that would provide a mechanism
for funding "infrastructure infill" projects such as this. If you
have any questions concerning this information, please contact us
file C,\VP51\CCAGENDA\Y01.1N495
'Dedicated to Quality Service"
•
Agenda wo.
Agenda Item
Cm
PUBLIC ''UTILITIES HOARD
AGENDA ITEM
TOt CHAIRMAN AND MEMBERS OF THE PUBLIC UTILITIES BOARD
FROM$ R.E. Nelson, Executive Director of Utilities
SUBJECTi PROVIDE STAFF DIRECTION ON THE DRAFT INFRASTRUCTURN INFILL
POLICY
RECOMMENDATION!
Provide direction to the staff conoirning the "draft"
infrastructure Infill Policy.
SUMMARY:
Members of the Public Utilities Board and the Denton City Council
have indicated an interest in developing a policy to provide
funding for water and wastewater infrastructure extensions into
areas within the City that do not currently have water and
wastewater services.
The proposed "draft" Infrastructure Infi.ll policy has been
developed based on policy concepts reviewed by the Public Utilities
Board at the November 200 1995 meeting, The policy (Exhibit 1)
outlines proposed funding mechanisms, project evaluation criteria
and general administrative procedures for infill projects.'
The objective of the revised Infrastructure infill Policy is to
provide greater flexibility and opportunity for infrastructure
extensions than available, through the initial policy draft.
PROGRAX/DEPARTMENT OR GROUPS AFFECTEDt
Citizens of Denton, City of Denton, Water and Wastewater Operations
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FISCAL INPACTt 0ato
The fiscal impact of the, proposed infrastructure infil -po
limited to not more than $250,000 per year in water and ;250,000:
per year in wastewater unless the City Council decided to take
advantage of reserving up to 25t of end of year profits from each
utility. The funding level identified by the Development Plan
lines represents approximately 1.671 rate impact in water and 2.5%
rate impact in wastewater,
Respectfully submitted,
R.E. Nelson, Exeout ve Director
Department of Public Utilities
Prepared by,
Howard Martin, Director
Environmental Operations
Exhibit It Draft Infrastructure Infill Policy
Exhibit Its Map Of Infiil Areas (To Be Presented At The Meeting)
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9ILEt0t\WP51\PU9A0END\INFIL958
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Agenda No,
Apsnda Item
Date ._-.._,...w.....,..
INFRASTRUCTURE WILL FINANCING
The City of Denton adopted the Denton Development Plan on September
51 1989. The major goals of the City's Economic Development Policy
are to be accomplished principally through municipal efforts tos
o Attract commercial business and/or industries to Denton
and
a Encourage commercial business and/or industries already
in Denton to expand locally
Recognizing that an unbroken growth patter:: is the most favorable
condition for the efficient provision of municipal services, that
many others forms of development are conducive to the community's
economic viability, the City of Denton hereby establishes an
additional mechanism by which the monies pi.-ovided for in the
Infrastructure Financing Policy may be used to support any
development within Denton which meets the conditions and adheres to
the procedures set out in this policy, They may be used for either
extending utilities or upgrading utilities to meet new requirements
due to regulatory changes or to provide more efficient utility
service,
t
PROJECT FUNDINGt
Two options for infill policy funding have been included for Public
Utilities Board consideration:
1) The funding available through the Infill Policy will be
established from an allocation of unused infrastructure
Financing (Development Plan Line) monies. The allocation of
all or part of the unused Development Plan Line monies is
identified by the Public Utilities Board to be utilized for
Infill projects. Funding allocations would be established at
the end of fiscal year and reserved specifically for infill
projects in the subsequent year.
2) The funding available for Infill projects will be established
by identifying up to 2 percent of gross revenues from each the
water and wastewater department (This would equate to an
• amount up to $296,000 for the water department and $215,000
for the wastewater department basad on the FY96 budget). The
percentage of gross revenue from each department would be
determined in the annual process of rate desinn and approval
for the upcoming fiscal year.
The funding allocation for all residential projects will be 75%
® City ahare and 258 residents share. The City will provide upfront r
funding for all residential projects. Project costs will be
projected by City staff and a "not to exceed" amount will be
established for the residents share of the project. The
residential participants would be roquired to commit to their 25$
share of the estimated project cost or actual construction coats,
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hpenda Ile,
Agenda Ileri
which ever is less, All project partial a4'
contracts and any associated easement agreemen s a
of Denton and all property owners within an infill area must be
signed prior to the initiation of project construction. Failure to
get all property owners to participate in an infill area may void
City participation.
The level of commercial project participation by the City will be
determined by the criteria outlined in section that
evaluates the projects benefit to the City. Based on the benefit
identified, the City will fund up to 50 percent of the project
costs. Bidding for project construction will be the responsibility
of the City of Denton with the City's funding share being
determined by the lowest responsible bid. Upfront construction
costs will be provided by the developer. The City will reimburse
the developer once the project has been satisfactorily accepted by
the City.
PROJECT EVALUATION
Any residential and/or commercial project may submit a water and/or
wastewater project for. Infill Financing consideration. All
projects will be reviewed by the Public Utilities Board and the
Planning and Zoning Commission and recommended to the City Council
for consideration. A list of approved projects will be identified
by the City Council based on available funding.
Residential Projects
Candidate projects must service existing homeowners within the
city limits of Denton and interior to the water and/or
wastewater service area. There will be no preselection by
staff for residential infill areas. All residential Infill
projects will be compete for available funds on a first come,
first serve basis. This policy identifies first come, first
serve as having all project components i.e. the funding,
participation contract, platting, zoning and/or appropriate
easements necessary to move forward on the project
construction once approved by the Denton City Council.
Commercial Projects
•
Candidate project areas must be within the city limits of
Denton and interior to the water and wastewater service area.
The Public Utilities Board, with assistance from staff, will
identify viable Infill areas and make recommendations to the
City council for approval of preselect areas to be considered
for infill projects. The Public Utilities Doard will
0 evaluated the projects in these preselected area as they are •
proposed by the developers. Those projects that are within he
developed areas of the city, provide greatest benefit to
system operations, highest municipal revenue potential and
lowest muntci.pal service impact will be given highest
priority.
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AOtnda No.
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ADMINISTRATIVE PROCEDUREt
Viable Infill projects will be identified and considered for
project funding if presented in accordance with the following
procedurest
Submittal of Sites :or Project List:
1. Droperty owners may submit an application for Infill
Funding Assistance. Application forms and instructions
are available at the City of Denton Department of Utility
Administration.
2. City staff may present sites for consideration annually.
Staff generated projects may be initiated either through
the Planning and Zoning Commission, Public Utilities
Hoard or the office of Economic Development.
Consideration Of Sites Submitted For inclusion on Project List
1. All applications and requests for inclusion on the
project list shall be forwarded to the Utility Department
for initial review by May 1 of each year. Each site
shall be evaluated for the followings
a. Promotes and completes compact growth,
b. Is inclusive of all appropriate undeveloped
property in the immediate vicinity.
o. Economic benefit.
d. Public health.
Ranking Sites On Project Listi
1. The Public Utilities Hoard will recommend a ranking order
of all sites on the Infill Project List.
•
2. Project ranking recommendations will be forwarded to P&Z
for consideration.
3. The City Council will receive the project ranking
recommendations from the PUB and the P&Z and will then
develop the final annual ranking of sites on the Project
® List. • •
. . it , r~ r ' r 1 3~ 2 • r Qi.''0''
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AWh No.
PROJECT IMPLEMENTATIONS
(Site Development of Preapproved Infill Sites Only)
1. The developer shall submit a Letter of Intent to
the Utility Department, Such letter shall state
the developer's intention to initiate construction
and will include a projected schedule for
completing all necessary site improvements such as
streets, drainage, sidewalks, etc.
2. A staff utility engineer shall prepare a current
estimate of construction cost for the required
water' and wastewater lines. The estimate is
considered current if prepared within the previous
six months, Such estimate will be used to
establish the City's maximum amount of
participation, A separate maximum amount will be
established for water and wastewater.
3. The developer shall enter into a Cost Participation
Agreement with the City, The normal "Three Way
Contract" and other city requirements for private
development must be followed,
4. The Cost Participation Agreement will terminate if
construction is not initiated `within six months
from the date of the agreement, The City may
terminate the agreement by written notification if
the developer is not making ifficient_progress as
indicated by hie constructlots schedule to complete
the project
5. Funding will be released by the City upons
a. Completion of the water and/or wastewater
lines and final acceptance by the City.
b, Compliance with all conditions included
in the Cost Participation Agreement.
6, The site may be developed in phases but each phase
will be considered as a separate project, subject
to the same evaluation and administrative process
as an individual project,
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Mayhill and Bridges Water and Sewer Utilities
Preliminary Cost Estimate
Water
Description anti( y Unit Unit Price Price
6" Water Line 2,480 LF $27.00 66,960,00
Fire Hydrant 3 EA $1,500.00 $4,500.00
6" Valve 2 EA $400.00 $800,00
6" Plug 1. EA $100.00 $100.00
6" Topping I EA $1,200.00 $1,200.00
Sleeve & Valve
Total $73,560.00
Sewer
Quantity Unit Unit Price Pric
Description
12" Sewer Line 2,340 LF 47.00 109,980.00
8" Sewer Lino 060 LV+ $44.00 $176;x;09'
4'dia.Manhole II EA $Ipo.00 $14,800,00
Main Line CO, 3 EA $500.00 $1'000:
Easement Aqua 1.07 ACRE $10,000.00 $10,71)0,00
Total $317,98o.00
Grand Total $391L540.00~
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ApanCITYO/OffAI!M, 1rlrXAd MUNICIPAL9UIt.DING 2166,MoKINNfY 17WON,TCXA676201
(81 J') 666.8200 AFW METRO 434.2629
To: Rick'Svehla, Acting City Manager
From Jerry Clark, RE,
Subject: Repav6+g on Bridges, Gayla, & Mayhilf
Uattet November 30, 1995
The cost estimates for the repaving(cold without Heaters) of Bridges, Gayla, and a portion of
Mayhill are enclosed. The entire, street section Is to be repaved with widths in the range of 22.24
feet. Costs for each are as follows:
1, Mayhiii Gayla to Spencer $33,956
Up to $16,000 maybe pd by
utility ditch street cut fees,
2,Bridges Spencer to Deed-end $30,004
Up to $16,000 may be pd by
utility ditch street out fees
3'Gayla Mayl:ill to Bridges $ 9,125
Up to $4,520, may be pd by
utility ditch street cut fees,
These are based on minimal base failure repair. If the project is done together as one process, the
base failures could be fixed for a maximum of $5,000 This would give a total cost of $78,085
v,";th the possibility of up to $36,520 being paid by the repair costs for the utility fine ditches. The
minimum required for the project would be $41,565, These estimates are very rough in that the
scope of the utility work has not been defined yet, Please advise if you need 133rther information.
"bedicaled to Quality Sert- rer i A : rt
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muGnmunta & TRAmpoiTATI AgEnd~ (10.
STREET C0NSTRCICTx0N AflOnda 11om
( „-r cost Estimate p 1; _(._._I....~p
2~ ( cold Overlay or ( 1 Heater Ov
Locations _~"~1 fT q y Q 4-0
5(p5 x II3aa
Length Width Hquare Ft
_ EQUIP1tEN1'
TYPE COST/DAY HR RATE TOTAL HRS. TOTAL COST
MILLINO MACHINE 450 CAT 3,750 468,75 (.fS 1a
_ Mobilization 350 ISO
II PICKUP BROOM MOHIL TE3 850 106,25 tole it;-
Mobilization 150 15-V
3 LAYDOWN MACHINE SA150 1 150 143,75 N 1+1,"
Mobilization 350 0
HEATER TRUCK MOUNTED 1,150 143,75
Mobilization 200
HEATER SCARIFIER TRUCK 1,250 156.25
Mobilization 200
DISTRIBU'PION MIX RECYCLER 1,100 137,50
Mobilization 350
MINI-M111t 1811 DRUM 1,150 143.75
Mobilization ISO
TOTAL 1851c,"Y!S
MATERIAL COST
TYPE AMOUNT UNIT COST TOTAL COST
SS1 Tack I VO OA ono "JD
Type A Asphalt Daliv?red { J PU TN - $23/DE
~yl 2i1y, .n1~7~ $21/.PU
Type D Asphalt {.Y D( 1iiered { ( pU I l~ III - $21/PUS
Stablization TN _
Trucks for Milling No. _ HR $32.yO/HR
® TOTA11 DATE PROJECT BEGAN COMPLETED
PROJECT TOTAL COST 5, Z5~
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STRRIST CONSTRUCTION hpenda Ilum, w----
( , r cost Estimate ONO .i Sumn4ry
( cold overlay or ( } Heater 0
Locationd_ (~1 ~k-~~ ~odti
_ p X ~J$Gd4
Length Width Square Ft
soul PbMNT
TYPE COST/DAY HR RATE TOTAL HR8 TOTAL COST
MILLING MACHINE 450 CAT 3,750 468.75 e
Mobilization 350 O
'y PICKUP BROOM MOBIL TE3 850 106.25
Mobilization 150 O
LAYD0!td MACHINE SA150 1,150 143.75 O
Mobilization 350
HEATER TRUCK MOUNTED 1,150 143.75
Mobilization 200
HEATER SCARIFIER TRUCK- 1,250 156.25
Mobilization 200
DISTRIBUTION MIX RECYCLER - 1,100 137.50 ,
mobilization 350
MINI-MINI 181, DRUM 1,150 143.75
Mobilization I50
TOTAL t 5 a
KATZRIAL COST
TYPI, AMOUNT UNIT COST TOTAL COST
GA1 Tack a 10 OA 0 .•7D _
. ~halt ( ] Delivered ( J PU TN $23/DE Pei Is~f
r II Type AA
4
Type D A6phalt ( 1 Delivered ( 1 PU i TN $23/DE
Sao $21/PU }~s
Stablization TN
b Trucks for Milling No. HR $32.50/HR • `
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TOTAL
DATE PROJECT HEOAN COMPLETED
P1tOd1CT TOTAL COST ,$59,56
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1iN0Ili><RRZNG 4 TR]►NSPbRTAT7:
STRRZT CONSTRIICTION AWdi No.
[ ~-r Cost Estimate Apled~ Ilse$ R'I=r
Cold Overlay or ( ] Heater' Ov, r~
Location! qry~ctwns. (1-a"
19y~ x y2 yz3~4S _
Length Width Square Ft
TYPE COST/DAY HR RATE TOTAL. HRS. TOTAL COST
z. MILLING MACHINE .450 CAT 3,750 468.75
Mobilization 350 35ID
y WI-PICKUP BROOM MOBIL TE3 050 106.25 2.1'x.60
_ Mobilization 150 I So
(r LAYDOW14 MACHINE.SA150 1,150 143,75 Va.z99
Mobilization 350 3 5~
HEATER TRUCK MOUNTED 11150 143.75
Mobilization 200
HEATER SCARIFIER TRUCK 1,250 156.25
Mobilization 200
DISTRIBUTION MIX.RECYCLER 1,100 137.50:
Mobilization 350
MINI-MINI 18° DRUM 1,150 143,755
Mobilization 150
TOTAL
WATER= COST
TYPE AMOUNT UNIT COST TOTAL COST
SS1 Tack ;Zo D GA ,'!O 0
Type OP Asphalt (fi Deliv I d [ 1 PU TN $23/DE
!ty yy'0 $21/PU +O f10
Type Asphalt (.Y De 1i jf'Yd [ 1 PU -[3LI TN $23/PU
Stablization TN
b Trucks for Milling No. HR 32.50/HR
x'7142 •
TOTAL
DATE PROJECT BEGAN COMPLETED _
P)jO"CT TOTAL COST
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CITY OF DENTON, TEXAS ROUTE I, BOX I00 ~ DENTON, TEXAS 78207 ~ TELEPHONE (817) 383.7738 ~ 81713837702 ~ DFW METRO 434.2529
Denton AlnnlclpalAirport
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Acting, City Manager
DATE: December 12, 1995
SUBJECT: An Ordinance Authorizing the City Manager of the City of Denton, Texas to
Execute a Commercial Lease Agreement Between the City of Denton, Texas and
Avionics International Supply, Inc. For Approximately 0.565 Acres of Property
Located at the Denton Municipal Airport, with Options on the Lease of Additional
Property Comprising an Additional 1.745 Acres; and Providing an Et3'eclive Date,
RR 'O MENDATION:
Staff recommends the adoption ofthis Ordinance;
BACKOROUND:
This is a standard commercial lease for Avionics Intonational Supply, Inc, located on the east side
of the Airport, This lease is for a 30 year term with options to renew for two (2) ten year terms
and does include an annual adjustment for the Consumer Price Index (CPI),
I . December 13, 1995 - December 12, 2005 at a rate of $0,08 per square foot minimum yearly
rental, adjusted annually per paragraph 1V, C. of the lease.
M 2. December 13, 2005 - December 12, 2015 at a rate of $0.10 per square foot minimum yearly
rental, adjusted annually per paragraph IV. C. of the :'ease.
3. December 13, 2015 - December 12, 2025 at a rate of $0.12 per square foot minimum yearly
rental, adjusted annually per paragraph IV, C. of the lease.
s The Airport Advisory Board unanimously recommends approval, •
PROGRAMS, DEPARTMENTS OF', GROUPS AFFECTED;
None.
"Dedicated ro Quatliy Service" , '
e S y~,{ 2
7'yRl. t,. x,
•
City Council Report
December 12, 1995
Page 2
FISCAL. IMPACT:
The anticipated impact is an increase in Airport revenue which will be based on the lease and the
annual adjustment for the CPL
Please advise if 1 can provide additional information.
RESPECTFULLY SUBMITTED:
Rick Svehla
Acting City Manager
PREPARED BY;
Joe Thompson
Airport Manager
APPROVED BY:
Aosephrtugal
Assistant to the City Manager
JT:js
• ATTACHMENTS: 1. Minutes of Airport Advisory Board, August 30, 1995 • •
2, Commercial Lease Agreement
3. Ordinance
4. Site Location Map
11 11
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ATTACHM.NYr~..
-
Agenda 110.
Agenda llun,
Airport Advisory Board Minutes
natl.
August 30, 1995
Page 6
r~
meeting. Information was forwarded to her about our Airport, s
V1. CLOSED MBETINO: }
Board convened into closed meeting at 7:10 p.m,
t r.
VII: OFFICIAL ACTION IN CLOSED MEETING} ITEMS,
Board reconvened into public session at 7:20 p,m,
Board discussed leases between the Denton Municipal Airport and Avionics, International and
John FonvilIe.
Chairman Woolfolk entertained a motion concerning Avionics, International,
Board Member Risser moved that the Board recommend approval of the lease between the
Denton Municipal Airport and Avionics, International, provided there are no red flags that need
to come by^' before the Board. Board Member Duiemba Second, Motion Unanimous
Chairman Wool£olk entertained a motion concerning the Fonvilie Lease.
Board Member Risser moved that the Board recommend approval of the lease between tha
Denton Municipal Airport and John Fonville, Board Member Dulemba Second. Motion
Unanimous:
VIII. Adjournment!
With no firther business, the meeting was adjourned at 7:35 p.m.
The next meeting of the Airport Advisory Board is scheduled for Wednesday, September 13, ,
0 1995, at 5:30 p.m., in the City of Denton Civil Defense Room, 215 East McKinney, Denton,
Texas 76201.
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ATTACHMENT 2
0010
APaoda Item
0610
AIRPORT LEAKS AGREE114M
THE STATE OF TEXAS §
§ KNOW ALL IAEN BY THESE PRESENTS:
COUNTY OF DENTON §
This lease is made and executed this day of
1995, at Denton, Texas, by and between the-City of Denton, Texas, a
municipal corporation, hereinafter referred to as "Lessor", and
Avionics international Supply, Inc, having its principal offices at
1750 Underwood Road, Denton Municipal Airport, Denton, Texas 76207,
hereinafter referred to as "Lessee",
WITNESSETHt
WHEREAS, Lessor now owns, controls and operates the Municipal
Airport (Airport) in the City of Denton, County of Denton, State of
Texas; and
WHEREAS, Lessee desires to lease certain premises on said
airport and construct and maintain an office, warehouse, aircraft
hangar and related aviation facilities thereonj and
NOW, THEREFORE, for and in consideration of the promises and the
mutual covenants contained in this agreement, the parties agree as
follows:
I. OONDITION9 08 fidr
NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY 14ERRINAFTER CONTAINED,
THE LANGUAGE IN PARAGRAPHS A THROUGH D OF THIS SECTION. SHALL BE
BINDING.
A. PRINCTPU OF UERATIG13$, Does not grant Lessee the right
to operate as a fixed vase operation to serve the public,
• B. NON-DISCRIMINATION. Lessee, for himself., his personal
representatives, successors and interests, and assigns, as a part of
the consideration hereof, does hereby covenant and agree as a
covenant running with the land that:
1. No person on the grounds of race, religion, color, sex, or
national origin shall be excluded from participation in,
® denied the benefits of, or be otherwise subjected to
discrimination in the ties of said faeilitiesi and
2, In the construction of any improvements on, over, or under
such land and the furnishings of services thereon, no person
on the grounds of race, religion, color, sex, or national
origin shall be excluded from participation in, denied the
benefits of, or otherwise be subjected to discriminations
and
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Agenda No,
Agenda item
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3. Lessee shall use the premises in compliance with all other
requirements imposed by or pursuant to Title 49, Code of
Federal Regulations, Department of Transportation, Subtitle
A, Office of the Secretary, Part 21, Nondiscrimination in
Federally assisted programs of the Department of Transpor-
tation - Effectual of Title VI of the Civil Rights Act of
1964, as said Regulations may be amended.
C. RIGHT OF INDIVIDUALS TO MAINTAIN AIRCRAFT. it is clearly
understood by Lessee that no right or privilege has been granted
which would operate to prevent any person, firm or corporation
operating aircraft on the airport from performing any services on
its own aircraft with its own regular employees (including, but not
limited to, maintenance and repair) that it may choose to perform.
D, ON- } LU9 VE RIGH r It is understood and agreed that
nothing herein contained shall be conotrued to grant or authorize
the granting of an exclusive right within the meaning of Title 49
U.S.C. Appendix §1349.
E. PUBLIC AREAS.
1. Lessor reserves the right to further develop or improve the
landing area of the airport as it sees fit, regardless o£
the deeires or views of Lessee, and without interference or
hindrance,
2. Lessor shall be obligated to maintain and keep in repair the
landing area of the airport and all pubiiely owned facili-
ties of the airport, together with tho sight to direct and
control all activities of Lessee in this regard,
3. During time of war or national, emergency, Lessor shall have
the right to lease the landing area or any part thereof to
the United States Government for military or naval use, and,
if such lease io executed, the provisions of this instrument
insofar as they are inconsistent with the provisions of the
lease to the Government, rha11 be suspended.
4. Lessor reserves the right to take any action it considers
necessary to protect the aerial approaches of ',;he airport
against obstruction, together with the right to prevent
Lessee from erecting, or permitting to be erected, any
building or other structure on or adjacent to the airport
which, in the opinion of Lessor, would limit the usefulness
® or safety of the airport or constitute a hazard to aircraft
or to aircraft navigation. i
5. This Lease shall be subordinate to the provisions of any
existing or future agreement between Lessor and the Urited
States or agency thereof, relative to the operate.,..)n or
maintenance of the airport.
Avionics i,eaae Agreement Pagt 2
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Agenda t'to. f [
Agenda Item
0310 _
11 buss PRX-MISNR
Lessor, for and in consideration of the covenants and agreements
herein contained, to be kept by Lessee, does hereby demise and lease
unto Lessee, and Lessee does hereby hire and take from Lessor, the
following described land situated in Denton County, Texasi
A. LM A tract of land measuring 170 feet x 145 feet,
approximately 24,650 square feet in area, as drawn and outlined on
Exhibit "A", incorporated herein by reference, denoted therein as
Tract A (alternatively as Phase I) and legally described belowt
ALL that certain tract or parcel of land situated in the w.
Neil Survey, Abstract Number 970, Denton County, Texas, and
being part of a tract shown by deed to City of Denton,
recorded in Volume 305, Paje 216, Deed Records, and being
more particularly described as followai
COMMENCING at an iron rod in the centerline of Underwood
Road being 563.48 feet south of the south right-of-way of FM
3.515 1
THENCE south 890 54' 20" west a distance of 30.00 feet to a
point for corner and a point of beginning;
THENCE south 000 22' 23" west a distance of 145,00 feet to
a point for corner;
THENCE south 890 54' 2011 west a distance of 170.00 feet to
a point for corner;
THENCE north 000 22' 2311 east a distance of 145.00 feet to
a point for corner;
THENCE north 890 54, 20° east a distance of 170.00 feet to
the Point of Beginning for a lot containing 24650.0 square
feet and being 0.565 acres of land, more or less.
Together with the right of ingress and egress to said property;
• and the right in common with others so authorized of passage upon
the Airport property generally, subject to reasonable regulations by
the City of Denton and such rights shall extend to Lessee's employ-
ees, passengezs, patrons and invitees. For purposes of this
agreement, the term "Premises" shall mean all property located
within the metes and bounds described and identified above,
including leasehold improvements constructed by the Lessee, but not
• including certain easements or property owned or controlled by the •
Lessor,
J 81 OPTION ON TRACT B (PHASE 11) . Lessee shall hav the option
of extending the terms of this lease to land depicted on the
attached Exhibit A as Tract b (also shown as Phase 11) . Tract 13
Avionics Lease Agreement page 3'j
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Ee a No. a Item -
comprises two rectangular areas, one measuring 160 feet x 145 feet,
and a taxiway extension measuring 25 feet x 134,5 feet, together
comprising approximately 26,560 square feet in area, as drawn and
outlined on Exhibit "A11, incorporated herein by reference, and
legally described below)
ALL that certain tract or parcel of land situated in the W.
Neil Survey, Abstract Number 970, Denton County, Texas, and
being part of a tract shown by deed to City of Denton,
recorded in Volume 305, Page 216, Deed Records, and being
more particularly described as follower
COMMENCING at an iron rod in the centerline of Underwood
Road being 563,48 feet south of the south right -of -way of FM
1515:
THENCE south 890 54' 2011 west a distance of 200.00 feet to
a point for corner and a point of beginning;
THENCE south 00" 22' 23" west a distance of 145,00 feet to
a point for corner;
THENCE south 890 54' 20" west a distance of 160.00 feet to
a point for corner;
THENCE north 000 22' 23" east a distance of 145,00 feet to
a point for corner!
THENCE north 890 54' 2011 east a distance of 160.00 feet to
the Point of Beginning for a lot containing 23,200 square
feet and being 0,532 acres of land, more or less+'
PLUS,
ALL that certain tract or parcel of land situated in the W.
Neil Su-vey, Abstract Number 970, Denton County, Texas, and
being part of a tract ahown by deed to City of Denton,
recorded in Volume 305, Page 216, Deed Records, and being
more particularly described as follows:
COMMENCING at an iron rod in the centerline of Underwood
Road being 563.48 feet south of the south right-of-way of FM
1515;
THF,NC? south 890 54' 201' west a distance of 360.00 feet to
a point for corner!
THENCE south 000 22' 231' west a distance of 76.81 feet to a
point for corner and a point of beginning;
THENCE south 006 22' 2311 west a distance of 25,00 feet to a
point for corner;
Avionica I.eaae Agreement Page 4 ,
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THENCE north 880 09' 02" west a distance of. 134.65 feet to
a point for a corner in the east boundary line of Lot 1,
Block 1, Southeast Ai.rl;ort Addition, an addition to the city
of Denton, Texas as recorded in cabinet G, Page 295, Real
Property Records, Denton County, Texas;
THENCE north 010 45' 42" west along said east boundary line
of said Lot 1, a distance of 25.00 feet to a point for a
corner;
THENCE south 680 09' 02" east a distance of 134,20 feet to
the Point of Beginning and containing 3360.6 square feet and
being 0,077 acres of land, more or less.
Said option on Tract B shall be subject to the same terms and
conditions contained within this agreement as are applicable to
Tract. A at the time the option is exercised, including but not
limited to, land rental rates as computed on a cents per square foot
per year basis; term of leases consumer price index adjustments, if
any; and date of commencement, as if said addition were and had been
within Tract A from the original date of execution of this lease.
In no event shall this lease option extend more than one (1) year
past the initial execution of this Agreement
C. RIGHT OF FIRST REFUSAL TO LEASE TRACT C. Provided that, and
for so long as Lessee stays in lawful possession of the land denoted
above as Tract A, and further provided that Lessee pays additional
consideration at the rate of $0.04 per square foot per year on the
portion for which this right is claimed, Lessee shall have a right
of first refusal on any lease negotiated within part or all of a
tract of land identified on Exhibit "All as Tract C, measuring 330
feet x 150 feet, approximately 49,500 square feet in area, and
legally described below,
ALL that certain tract or parcel of land situated in the W.
Neil Survey, Abstract Number 970, Denton County, Texas, and
being part of a tract ahown by deed to City of Denton,
• recorded in Volume 305, Page 216, Deed Records, and being
more particularly described an follows:
COMMENCING at an iron rod in the center line of Underwood
Road being 563,48 feet south of the south right-of-way of FM
1515:
® THENCE south 890 54' 20" west a distance of 30.00 feet for w
corner;
THENCE south 000 22' 23" west a distance of 145,00 feet to
a point for corner and a Point of Beginning;
Avionice Lease Agreement Pag, S
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AgeAdo Item
oats
THENCE, south 000 22' 23" west a distance of 150.00 feet to
a point for cornerl
THENCE south 890 54' 20" west a distance of 330,00 feet to
a point for cornerl
THENCE north 000 22' 23" East a distance of 150.00 feet to
a point for corner
THENCE north 890 54' 20" east a distance of 330.00 feet to
the point of Beginning for a lot containing 49,500.0 square
feet and being 1.136 acres of land, more or less.
t
Any future lease negotiated on Tract C shall be subject to
whatever lease terms may be negotiated between Lessor and Lessee,
and Lessee shall have no vested right to lease said tract under any
particular terms of agreement, or specified rental, whether
contained within this agreement or any other. Lessee's exercise of
said right of first refusal is expressly conditioned upon Lenses's
continuous and simultaneous rental of Tracts A and B, above, Unless
otherwise agreed between Lessor and Lessee, Lessee shall have this
right of first refusal on, and shall pay $0.04 per square foot per
year additional consideration based upon, the entire square footage
of Tract C. Should Lessee wish to claim the right on less than the
entirety of Tract C, Lessee shall prepare and deliver to Lessor's
Airport Manager a map and specific description of that portion for
which Lessee wishes to claim the right. in no event: shall this
right of first refusal extend more than five (5) years past the
initial execution of this Agreement,
D, IMPROVEMENTS PROVIDED BY LESSOR, NONE. There will be no
improvements provided by Lessor, except as set` forth in Article
11,E, "Access to Utilities" below.
For the purpose of this agreement, the term "Lessor improve-
ments" shall mean those things on the leased premises belonging to,
constructed by, or to be constructed by Lessor, which enhances or
increases, or will enhance or increase, the value or quality of the
0 leased land or property. Unless otherwise noted herein, all Lessor
improvements are and will remain the property of Lessor, All Lessor
improvements must be described in detail above, or above referenced
and attached to this agreement in an exhibit approved by Lessor.
E. IMPROVE ENTS PROVIDED BY LESSEE. On Tract A, Lessee shall
construct a 9,000 square foot office and warehouse facility, with
® paving and other improvements as shown on the attached site plan
Exhibit "B", Should Lessee exercise its option to lease Tract B, 0 t1
Lessee shall construct an additional 9,900 square foot hangar, dual
18" Class IV RCP culverts in the drainage channel located west of
the western boundary of the taxiway extension, paving, and ouch
other improvements as may be required by city ordinances.
Avionics Loose Agreemem. - Pave 6
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Ap]Ind:alh, ApF. EASEME
NTS. Lessor and Lessee by mutua) agreement may
establish, on the lease premises, easements for public access on
roads and taxiways,
d, ACCESS TO UTILITTEQ• Lessor represents that there are wt:ter
and 3-phase electricity lines within three hundred feet (3001) of
the leased premises available to "tap-in" by Lessee, and that the
same are sufficient for usual and customary service on the leased
premises.
III, TERM
The initial term of this agreement shall !,;e for a period of
thirty (30) years, commencing on the 13th day of heeemuer, 1995, and
continuing through the 12th day of December, 2025, unless earlier
terminated under the provisions of the agreement. Any attempt by
Lessee to renegotiate this Lease shall be in writing addrespcd to
the City Manager at least one hundred eighty (180) days before the
expiration of the stated term of this lease, and at least 180 days
before the expiration of any additional renegotiated period, Lessee
has the option to renew fua two (2) additional ten (10) year terms.
The rental. and the provisions of the agreement to be negotiated for
either of the additional terms shall be reasonable and consistent
with the then value, rentals and provisions of agreement of similar
property on the airport,
IV. PAYMENTS RENTAL$ AND PNES
Lessee covenants and agrees to pay Lessor, as consideration for
this lease, the following payments, rentals and fees)
A. AND RENTAL shall be due and payable in twelve (12) equal
monthly installments in advance, on or before the first of each and
every month during the term of this :agreement in the amount of one-
twelfth (1/12) of, an annual rental payment based on the following
formulae, calculated on the basis of minimum yearly rentals adjusted
for inflation as per paragraph IV. C•f
1. 12/13(95 - '2 12 QS o $0.08 per square foot minimum
yearly rental, adjusted annually per paragraph IV, C,
2, 12 13 05 - 12 12 1__1 $0.10 per square foot minimum
yearly rental, adjusted annually per paragraph IV. C.
3, 12 13 L1_5 - 1,L12 25 _ $0.12 per square foot minimum
yearly rental, adjusted annually per paragraph IV. C.
s ~
B, LE S R T PROVEMENTS RENT&ILS. NONE, There are no Lessor
rtJ improvements on the leased premises,
C. PAYMENT PENALTY, JUSTMENTS• All payments due Lessor from
Lessee shall be delivered to the Airport Manager, unless otherwise
Avionics I.eeee Agreement - Page 7
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designated in writing by the Lessor, Payments which are more than
15 days past due shall be assessed the penalty of one-half of one
percent (0,5k) per day, compounded daily, per each day or a fraction
thereof which the payment or fee is more than 15 days past due. The
yearly rental for land and improvements herein leased shall be
readjusted at the end of each year period during the term of this
lease on the bacis of the proportion that the then current United
states Consumer Price Index for all urban consumers (CPI-U) for the
Dallas-Fort Worth geographical region, as compiled by the U,S,
Department of Labor, [bureau of Labor statistics bears to the
October, 1995 index, which was 146,8 (1982-64 = 100), Each rental
adjustment, if any, shall occur on the 13th day of December, begin-
ning 1996, and every year thereafter on such date.
The adjustments in the yearly rent shall be determined by
multiplying the minimum yearly rent as set forth in Section IV.A, by
a fraction, the numerator of which is the index number for the last
month prior to the adjustment, and the denominator of which is the
index number for October , 1995, which was 146,8 (1982.84 t 100).
If the product of this multiplicatiori is greater than the minimum
yearly rent as set forth in Section IV,A „ Lessee shall pay this
greater amount as the yearly rent until the time of the next rental
adjustment as called for in this section, if the product of this
multiplication is less than the minimum yearly rent of as set forth
in Section IV,A., there shall be no adjustment in the annual rent at
that time, and Lessee shall pay the minimum yearly rent as set forth
in Section IV.A „ until the time of the next rental adjustment as
called for in this section, In no event shall any rental adjustment
called for in this section result in an annual rent less than the
minimum yearly rent of as set forth in Section IV.A. The adjustment
shall be limited no that the annual rental payment determined for
any given year shall not exceed the annual rental payment 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, as compiled by the U.S.
Department of Labor, Bureau of Labor statistics, is discontinued
during the term of this lease, the remaining rental adjustments
called for in this section shall be made using the formula set forth
in Subsection (a) above, but substituting the index numbers for the
Consumer Price Index-Seaeonally Adjusted U.S, City Average For All
Items For All Urban Consumers (CPI-U) for the index numbers for the
CPT-U applicable to the Dallas-Fort Worth geographical region. If
both the CPI-11 for the Dallas-Fort Worth geographical region and the
U.S. City Average are discontinued during the term of this lease,
the remaining rental adjustments called for in this section shall be
made using the statistics of the Bureau of Labor Statistics of the • w`
United Stacey Department of Labor that are most nearly comparable to
the CPI-U applicable to the Dallas-Fort Worth geographical region.
If the Bureau of Labor Statistics of the United States Department of
Labor ceases to exist or ceases to publish statistics concerning the
purchasing power of the consumer dollar during the term of this
Avionics Lease Agreement Page B
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Agenda item
Ott: ._..Y.----^-^.._--•--^-
lease, the remaining rental adjustments called for in this section
shall be made using the most nearly comparable statistics published
by a recognized financial authority selected by Lessor,
71 RIO AM OBWQA~TIONS OX! 0116
A. USE OF LEASED PREMISES. Lessee is granted the non-exclusive
privilege to use the leased premises for the manufacture and sale of
lviation-related electronic equipment and storage of aircraft.
"essee may not use any portion of the Premises for any other use.
Lessee, or sublessees shall not be authorized to conduct any
services not specifically listed in this agreemen'c, The use of the
lease premises of Lessee, or sublessees shall be limited to only
those private activities having to do with or related to airports
and aviation. No person, business or corporation may operate a
commercial, retail or industrial business upon the premises of
Lessee or upon the Airport withoait a lease or license from Lessor
authorizing such commercial, retail or industrial activity, The
Lessor shall not unreasonably withhold authorization to conduct
aeronautical or related services,
B. INDEPEN LIT Q9-Nj ACTOR During all times that this Lease is
in effect, the parties agree thsit Lessee is and shall be deemed to
agent or
contractor and operator and not an
an independent
employee of City with respect to their acts or omissions hereunder,
For all purposes hereunder, Lessee is and shall be deemed an
independent contractor and it is mutually agreed that nothing
contained herein shall be deemed - or construed to constitute a
partnership or joint venture between or among the parties hereto,
C. STANDARDS, Lessee shall meet or exceed the following
standards:
1, Address, Lessee shall file with the Airport Manager and
keep current his mailing addresses, telephone numbers and
contacts where he can be reached in an emergency.
2. 1ija_t, Lessee shall file with the Airport Manager and keep
• current a list of his tenants and sublessees.
3. C n uct, Lessee shall contractually require his employers
and sublessees (and sublessee's invitees) to abide by the
provisions of the agreement, Lessee shall promptly enforce
his contractual rights in the evsnt of a default of such
covenants,
e d
4. IUilities, Taxes and Fees, Lessee shall meet all expenses
and payments in connection with the use of the Premises and
✓ the rights and privileges herein granted, including the
timely payment of utilities, taxes, permit fees, license
fees and assesisments lawfully levied or assessed,
Avionics Leese Agreement Page 9 {i
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5. Laws. Lessee shall comply with all current and future
federal, state and local laws, rules and regulations which
may apply to the conduct of business contemplated, including
rules, regulations and ordinances promulgated by Leer-r, and
Lessee shall keep in effect and post in a prominent place
all necessary and/or required licenses or permits,
Lessee's use of the premises shall at all times be in
compliance with and subject to any covenants, restrictions,
and conditions of record pertaining to the use and occupancy
of the leased premiseq and shall at all times comply with
the laws, codes, ordinances, rules, and regulations , either
existing or those promulgated in the future, by the City of
Denton, the County of Denton, the State of Texas, the United
States of America, and the Federal Aviation Administration,
or their successors, Lessee shall not operate or permit the
operation of any transmitter devices, electrical signal
producers, or machinery on the leased premises which could
interfere with the electronic aircraft navigation aids or
devices located on or off Airport property, Lessee shall
not be permitted to engage in any business or operation on
the leased premises which would produce obstructions to
visibility or violate height restrictions as set forth by
the Federal Aviation Administration or the City of Denton,
6. Maintenance of Property, Lessee shall be responsible for
the maintenance, repair and upkeep of all property, build-
ings, structures and improvements, !.ncluding the mowing or
eiimination of grass and other vegetation on the Premises,
and shall keep said Premises neat, clean and in respectable
condition, free from any objectional matter or thing,
Lessee agrees not to utilize or permit others to utilize
areas on the leased premises which are located on the
outside of any hangar or building for the storage of wrecked
or permanently disabled aircraft, aircraft parts, automo-
biles, vehicles of any type, or any other equipment or items
which would detract from the appearance of the leased
premises. Lessee agrees that at no time shall the leased
f promisee be used for a flea market type sales operation.
7. ynauthorized use of premises, Lessee may not use any of the
leased land or premises for the operation of a motel, hotel,
restaurant, private club or bar, apartment house, or for
industrial, commercial or retail purposes, except as
authorized herein.
• B. Dew 11_,.nc„_s. It is expressly understood and agreed that no • •
permanent dwelling or domicile may be built, moved to or
established on or within the leased premises nor may lessee,
his tenants, invitees, or guests be permitted to reside or
remain as a resident on or within the leased premises or
other airport premises.
Av[omes Least Agreement rage 10
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9. Ouit Possession, Lessee shall quit possession of all
premises leased herein at the end of the primary term of
this lease or any renewal or extension therecf, and deliver
up the premises to Lessor in as good condition as existed
when possession was taken by Lessee, reasonable wear and
tear excepted,
10. }[014D HARMLESS. LESSEE SHALL INDEMNIFY AND HOLD HARMLESS
LESSOR FROM AND AGAINST ALL LOSS AND DAMAGES, INCLUDING
DEATH, PERSONAL INJURY, L088 OF PROPERTY. OR OTHER DAMAGES,
ARISING OR RESULTING FROM THE OPERATION OR LESSEE'S BUSINESS
IN AND UPON THE LEASED PREMISES.
11. ChemicalQ. Lessee agrees to properly store, collect and
dispose of all chemicals and chemical residuesl to properly
store, confine, collect and dispose of all paint, including
paint spray in the atmosphere, and paint products! and to
comply with all Local, State and Federal regulations
governing the storage, handling or disposal of such chemi-
cale and paints.
12, Hazardous Activities. Should Lessee violate any law, rule,
restriction or regulation of the City of Denton or the
Federal Aviation Administration, or should the Lessee engage
in or permit other persons or agents to engage in activities
which could produce hazards or obstruction to air naviga-
tion, obstructions to visibility or interference with any
aircraft navigational aid station or device, whether
airborne or on the ground, then Lessor shall state such
violation in writing and deliver written notice to Lessee or
Lessee's agent on the lear3d premises, or to the person(s)
on the leased premises who are causing said violation(s),
and upon delivery of such written notice, Lessor shall have
the right to demand that the person(s) responsible for the
violation(s) cease and desist from all such activity
creating the violation(s). in such event, Lessor shall have
the right to demand that corrective action, as required, be
commenced immediately to restore the leased premises into
• conformance with the particular law, rule or aeronautical
regulation being violated, should Lessee, Lessee's agent,
or the person(s) responsible for the violation(s) fail to
cease and desist from said violation(s) and to Immediately
commence correcting the violation(s), and to complete said
corrections within twenty-four (24) hours following written
notification, then Lessor shall have the right to enter onto
9 the leased premises and correct the violation(s), and Lessor
shall not be responsible for any damages incurred to any • n'
improvements on the leased premises as a result of the
corrective action process.
D. SIGNS. During the term of this agreement, Lessee shall have
the right, at its own expense, to place in or on the lease Premises
Avionics Lease Agreement Page 11
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APenda qo.
signs identifying Lessee. Said signN shall be of a size, shape and
design, and at a location or locations, approved by the Lessor and
in conformance with any overall directional graphics or sign program
established by Lessor for the Airport, Lessor's approval shall not
be withheld unreasonably. Said signs shall be maintained in good
repair throughout the term of this agreement. Notwithstanding any
other provision of this agreement, said signs shall remain the prop-
erty of Lessee. Lessee shall remove, at its expense, all lettering,
signs and placards so erected on the premises at the expiration of
the term of this agreement or extensions thereof,
VI. CC)VXNMUB B & Q
Lessor hereby agrees as follows:
A. PEACEFUL ENJOYMENT. That on payment of rent, fees, and
performance of the covenants and agreements on the part of Lessee to
be performed hereunder, Lessee shall peaceably hold and enjoy the
leased premises and all rights and privileges herein grantedl
B. C~QMPLIANCF, Lessor warrants and represents that in the
establishment, construction and operation of said Denton Municipal
Airport, that Lessor has heretofore and at this time is complying
with all existing rules, regulations, and criteria distributed by
the Federal Aviation Administration, or any other governmental
authority relating to and including, but not limited to, noise
abatement, air rights and easements over adjoininp and contiguous
areas, over-flight in landing or takeoff, to the end that Lessee
will not be legally liable for any action of trespass or similar
cause of action by virtue of any aerial operations of adjoining
property in the courso of normal take-olf and landing procedures
from said Denton Municipal Airport; ' wr further warrants and
represents that at all times during the erm hereof, or any renewal
or extension of same, that it will continue to comply with the
foregoing.
V17. SPECI& CONDITIONS
• it is expressly understood and agreed by and between Lessor and
Lessee that this lease agreement is subject to the following special
terms and conditions.
A. RUNWAYS AND TAXIWAYS. That because of the present sixty
thousand (60,000) pound continuous use weight bearing capacity of
the runway and taxiways of the Airport, Lessee heroin agrees to
® limit all aeronautical activity including landing, take-off and
taxiing, to aircraft having an actual weight, including the weight • •
of its fuel, of sixty thousand (60,000) pounds or less, until such
time that the runway and designated taxi.ways on the Airport have
J been improved to handle aircraft of such excessive weights. It is
further agreed that, based on qualified engineering studies, the
weight restrictions and provision6 of this clause may be adjusted,
Avlonice 14&90 Agreemen[ Pegg 12
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up or down, and that Lessee agrees to abide such changes
revisions as such studies may dictate. "Aeronautical Activity"
referred to in this clause shall include that activity of the Lessee
or its agents or subcontractors, and its customers and invitees, but
shall not include those activities over which it has no solieitory
part or control, such as an unsolicited or unscheduled or emergency
landing. A pattern of negligent disregard of the provisions of this
section shall be sufficient to cause the immediate termination of
this entire agreement and subject Lessee to liability for any
damages to the Airport that might result,
VIII. LMSIROLD IMYRQVBMBNTS
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A. REO IREMENTS: Before commencing the construction of any
improvements upon eho premises, Lessee shall submit;
1. Documentation, specifications, or design work, to be
approved by the Lessor, which shall establish that the
improvements to be built or constructed upon the lease
premises are in conformance with the overall size, shape,
color, quality and de.s-;.gn, in appearance anel structure of
the program established by Lessor on the Airport,
2, All plans and specifications showing the location upon the
premises of the proposed construction
3. The estimated cost of such construction.
No construction may commence until Lesa^r, acting by its City
Council, has approved the plans and specifications and the location
of the improvements, the estimated costs of such construction and
the agreed estimated life of the building or structure. Approval by
the city Council shall not be unreauoiably withheld! should the
Council fail to deny Lessee's plans and specifications within sixty
(60) days of submission thereof to the Council, such plans and
speci.:ications shall be deemed approved. Documentary evidence of
the actual Cost of construction on public areas only (such as
taxiways) shall be delivered by Lessee to Lessor's City Manager from
time to time as such coats are paid by Lessee, and Lessor's City
Manager is hereby authorized to endorse upon a copy of this lease
filed with the City Secretary of Lessor such actual amounts as he
shall have found to have been paid by Lessee, and the findings of
the City Manager when endorsed by him upon said contract shall be
conclusive upon all parties for all purposes of this agreement.
® B. ADDITIONAL CQNSTRUGTION OR IMPRQVEME Lessee is hereby
authorized to construct upon the land herein leased, at his own cost 4
and expense, buildings, hangars, and structures, that Lessor and
Lessee mutually agree are necessary for use in connection with the
operations authorized by this ]ease, provided however, before
commencing the construction of any improvements upon the premises,
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Lessee shall submit plans and specifications for approval by Lessor
as slecified in Article VIII.A., above.
C, OWNERSHIP OF' IMPROVEMENTSI All buildings and improvements
constructed upon the premises by Lessee shall remain the property of
Lessee unless said property becomes the property of Lessor under the
following conditions, terms and provisions:
1. Removal if Buildings. No building or permanent fixture may
be removed from the premises.
2. Apsumntion. All buildings and improvements of whatever
nature remaining upon the leased premises at the end of the
primary term, or any extension thereof, of this lease shall
automatically become the property of Lessor absolutely in
fee without any cost to Lessor.
3. Building Life. It is agreed that the life of the building
to be constructed by Lessee on the property herein leased is
forty-five (45) years.
4. Cancellation. Should this lease be cancelled for any reason
before the end of the forty (45) year expected building
life, it is especially understood and agreed that Lessor
reserves the right to purchase all. buildings, structures and
improvements then existing upon the premises by tendering to
Lessee one forty-fifth (1/45) of the undepreciated value of
such building for each year remaining on the agreed life of
such building, the undepreciated value of all improvements
is to be determined by having such improvements appraised by
three appraisers, one appointed by Lessor, one appointed by
Lessee and one appointed by the two appraisers.
IX. SUSRQCiATION OP MORTdAOEE
Any person, corporation or institution that lends money to
Lessee for construction of any Mngar, structure, building or
improvement and retains a security interest in said hangar, struc-
ture, building or improvement shall, upon default of Lessee's
obligations to said mortgagee, have the right to enter upon said
leased premises and operate or manage said hangar, structure,
building or improvement according to the provisions of the agree-
ment, for a period not to exceed the term of the mortgage with
Lessee, or until the loan is paid in full, whichever comes first,
but in no event longer than the term of this lease. It is expressly
understood and agreed that the right of the mortgagee referred to
® herein is limited and restricted to those improvements constructed 0
with funds borrowed from mortgagee.
X, RTOIi' _py EASEMEL~T
Avlonlce Leeee Agreement Page 14
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A100 Item
Dale.
Lessor shall have the right to establish easements, at no cost
to Leesee, upon the leased ground space for the purpose of providing
underground utility services to, from or across the airport property
or for the construction of public facilities on the Airport, How-
ever, any such easements shall not interfere with Lessee's use of
the leased premises and Lessor shall restore the property to orig-
inal condition upon the installation of any utility services on, in,
over or under any such easement or the conclusion of such construc-
tion. Construction in or at the easement shall be completed within
a reasonable time.
XT. ASSIONMM or LZASS
Lessee expressly covenants that it will not assign this lease,
convey more than ten percent (104) of the interest in his business,
through the sale of stock or otherwise, transfer, license, nor
sublet the whole or any part of the said premises for any purpose,
without the written consent of Lessor. Lessor agrees that it will
not unreasonably withhold its approval of such sale, sublease,
transfer, license, or assignment of the facilities for the airport
related purposesl provided however, that no such assignment,
sublease, transfer, license, sale or otherwise shall be approved if
the rental, fees or payments, received or charged are in excess of
the rental or fees paid by Lessee to Lessor under the provisions of
this lease, for such portion of the premises proposed to be
assigned, subleased, transferred, licensed, or otherwise. The
provisions of this lease shall remain binding upon the assignees, if
any, of Lessee.
XII. ~QURANCg
A. REQUIRED INSURANQE,: Lessee shall maintain continuously in
effect at all times during the term of this agreement, at Lessee's
expanse, the following insurance coverage;
1. Comprehensive general liability covering the leased premis-
es, the Lessee or its company, its personnel, and its
operations on the airport.
• 2. Aircraft liability to cover all flight operatione of Lessee,
31 Fire and extended coverage for replacement value for all
facilities used by the Lessee either as a part of this
agreement or erected by the Lessee subsequent to this
agreement.
® d. Liability insurance limits shall be in the following minimum • •
amounts:
Bodily Injury and Property Damuger One Million Dollars
($1,000,000) combined single limits on a per occurrence
basis.
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5. All policies shall name the city of Denton as an additfonal
named insured and provide for a minimum of thirty (30) days
written notice to the City prior to the effective date of
any cancellation or lapse of such policy.
6. All policies must be approved by the Lessor,
7. The Lessor shall be provided with a copy of all such
policies a~.d renewal certificates,
During the term of this lease, Lessor herein reserves the right
to adjust or increase the liability insurance amounts required of
the Lesse6, and to require any additional rider, provisions, or
certificated of insurance, and Lessee hereby agrees to provide any
such insurance requirements as may be required by Lessors provided
however, that any requirements shall be commensurate with insurance
requirements at other public use airports similar to the Denton
Municipal Airport in size and in scope of aviation activities,
located in the southwestern region of the tnit.ed States, Lessee
herein agrees to comply with all increased or adjusted insurance
requirements that may be required by the Lessor throughout the
original or extended term of this lease, including types of insur-
ance and monetary amounts or limits of insurance, and t_• comply with
said insurance requirements within sixty (60) days following the
receipt of a notice in writing from Lessor stating the increased or
adjusted insurance requirements, Lessee shall have the right to
maintain in force both types of insurance and amounts of insurance
which exceed Lessor's minimum insurance requirements,
In the event that State law should be amended to require types
of insurance and/or insurance amounts which exceed those of like or
similar public use airports in the southwestern region of the United
States of America, then in such event, Lessor shall have the right
to require that Lessee maintain in force types of insurance and/or
amount of ..nsurance as specified by State law.
Failure of Lessee to comply with the minimum specified amounts
or types of insurance as required by Lessor shall constitute
Lessee's default of this ) :ase,
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XIII. INDEMNITY
LESSEE AGREES TO INDEMNIFY AND HOLD HARMLESS CITY AND ITS
AGE11rPS, EMPLOYEES, AND REPRESENTATIVES FROM AND AGAINST ALL
LIABILITY FOR ANY AND ALL CLAIMS, SUITS, DEMANDS, AND/OR ACTIONS
ARISING FROM OR BASED UPON INTENTIONAL OR NEGLIGENT ACTS OR
® OMISSIONS ON THE PART OF LESSEE, ITS AGENTS, REPRESENTATIVES, • • 'i
EMPLOYEES, MEMBERS, PATRONS, VISITORS, CONTRACTORS AND S4BCON-
TRACTORS, IF ANY, AND/OR SUBLESSEES, WHICH MAY ARISE OUT OF OR
RESULT FROM LESSEE'S OCCUPANCY OR USE OF THE PREMISES AND/OR
ACTIVITIES CONDUCTED IN CONNECTION WITH OR INCIDENTAL TO THIS LEASE.
Avionics Lease Agreenent Page 16
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Agenda Item
THIS INDEMNITY PROVISION EXTENDS TO ANY AND ALL SUCH CLAIMS,
SUITS, DEMANDS, AND/OR ACTIONS REGARDLESS OF THE TYPE OF RELIEF
SOUGHT THEREBY, ANA WHETHER SUCH RELIEF IS IN THE FORM OF DAMAGES,
JUDGMENTS, AND COSTS AND REASONABLE ATTORNEY'S FEES AND EXPzNAESr 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 BE ALLEGED AT COMMON LAW, OR
STATUTORY OR CONSTITUTIONAL CLAIMS, OR OTHERWISE. THIS INDEMNITY
PROVISION SHALL APPLY WHETHER THE BASIS FOR THE CLAIM, SUIT, DEMAND,
AND/OR ACTION MAY BE ATTRIBUTABLE IN WHOLE OR IN PART TO THE LESSEE,
OR TO ANY OF ITS A(ZNTS, REPRESENTATIVES, EMPLOYEES, MEMBERS,
PATRONS, VISITORS, CONTRACTORS, AND SUBCONTRACTORS, IF ANY, AND/OR
SUBLESSEES, OR TO ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF
THEM.
FURTHER, CITY ASSUMES NO RESPONSIBILITY OR LIALILITY FOR
H?.nM, INJURY, OR ANY DAMAGING EVENTS WHICH ARE DIRECTLY OR INDIRECT-
LY ATTRIBUTABLE TO PREMI,'3 DEFECTS OR CONDITIONS WHICH MAY NOW EXIST
OR WHICH MAY HEREAFTER ARISE UPON THE PREMISES, ANY AND ALL SUCH
DEFECTS BEING EXPRESSLY WAIVED BY LESSEE. LESSEE UNDERSTANDS AND
AGREES THAT THIS INDEMNITY PROVISION SHALL APPLY TO ANY AND ALL
CLAIMS, SUITS, DhIQMS, AND/OR ACTIONS BASED UPON OR ARISING FROM
ANY SUCH CLAIM ASSERTED BY OR ON BEHALF OF LESSEE OR ANY OF ITS
MEMBERS, PATRONS, VISITORS, AGENTS, EMPLOYEES, CONTRACTORS AND
SUBCONTRACTORS, IF ANY, AND/OR SUBLESSEES.
IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT THE LESSOR SHALL
NOT BE LIABLE OR RESPONSIBLE FOR THE NEGLIGENCE OF LESSEE ).ND/OR
SUBLESSEES, ITS AGENTS, SERVANTS, EMPLOYEES AND CUSTOMERS. LESSEE
FURTHER AGREES THAT IT SHALL AT ALL TIMES EXERCISE REASONABLE
PRECAUTIONS FOR THE SAFETY OF, AND SHALL BE SOLELY RESPONSIBLE FOR
THE SAFETY OF ITS AGENTS, REPRESENTATIVES, EMPLOYEES, MEMBERS,
PATRONL, VISITORS, CONTRACTORS AND SUBCONTRACTORS, IF r.NY, AND/OR
SUBLESSEES, AND OTHER PERSONS, AS WELL AS FOR THE PROTECTION OF
SUPPLIES AND EQUIPMENT AND THE PROPERTY OF LESSEE OR OTHER PERSONS.
LESSEE AND LESSOR EACH AGREE TO GIVE THE OTHER PARTY PROMPT
AND TIMELY NOTICE OF ANY SUCH CLAIM MADE OR SUIT INSTITUTED WHICH IN
ANY WAY, DIRECTLY OR INDIRECTLY, CONTINGENTLY OR OTHERWISE, AFFECTS
OR MIGHT AFFECT THE LESSEE OR THE LESSOR. LESSEE FURTHER AGREES
THAT THIS INDEMNITY PROVISION SHALL BE CONSIDERED AS AN ADDITIONAL
REMEDY TO LESSOR AND NOT AN EXCLUSIVE REMEDY.
XIV. CANCELLATION BY LESSOR
A In the event that Lessee shall file a voluntary petition in A •
bankruptcy or proceedings in bankruptcy shall be instituted against
it and Lessee thereafter is adjudicated bankrupt pursuant to such
proceedings, or any court shall take jurisdiction of Lasses and its
assets pursuant to proceedings brought under the provisions of any
Federal reorganization act, or Lessee shall be divested of its
Avionica Lease Agreement Page 17
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estate herein by other operation of law; or Lessee shall fail to
perform, keep and observe any of the terms, covenants, or conditions
herein contained, or on its part to be performed, the Lessor may
give Lessee written notice to correct such condition or cure such
default and, if any condition or default shall continue for thirty
(30) days after the receipt of such notice by Lessee, then Lessor
may terminate this lease by written, notice to Lessee, In the event
of default Lessor has the 9 purchase any or all structures
ri ht Co on the leased premises under the provisions of Section VIII
Paragraph CA, (Cancellation) hereof.
The City shall have a lien as security for the rent aforesaid
upon all goods, wares, chattels, implements, fixtures, furniture,
tools and other personal property which are or may be put or caused
to be put on the demised premises by Lessee.
Upon termination of this Lease, Lessee shall remove all personal
property from the demised premises within sixty (60) days after said
termination. If Lessee fails to remove its personal property as
agreed, City may elect to retain possession of such property or may
sell the same and keep the proceeds, or may have such property
removed at the expense of Lessee.
If City has exercised its option to take title to fixed
improvements as provided, Lessee shall repair, at its own expense,
any damage resulting from said removal of personal property and
shall leave the leased premises in a neat and clean condition with
all other improvements in place.
['allure of City to declare this Lease terminated upon the
default of Lessee for any of the reasons set out shall not operate
to bar, destroy or waive the right of City to cancel this Lease by
reason of any subsequent violation of the terms hereof. The
acceptance of rentals and fees by City for any period or periods
after a default of any of the terms, covenants, and conditions
herein contained to be performed, kept and observed by Lessee shall
not be deemed a waiver of any rights on the part of the City to
cancel this Agreement for failure by Lessee to so perform, keep or
w observe any of the terms, covenants or conditions hereof to be
performed, kept and observed.
Xvl CANCELLATION BY LHOSE$
Lessee may cancel this agreement, in whole or part, and termi-
nate all or any of its obligations hereunder at any time, by thirty
(30) days written notice, upon or after the happening of any one of
the following events; (1) issuance by any court of competent Juris-
diction of a permanent injunction in any way preventing or restrain-
ing the use of said airport or any part thereof for airport pur-
poses; (2) the breach by Lessor of any of the covenants or agree-
ments contained herein and the failure of Lessor to remedy such
breach for a period of ninety (90) days after receipt of a written
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notice of the existence of such breachi (3) the inability of Lessee
to use said premises and facilities continuing for a longer period
than ninety (90) days due to any law or any order, rule or regula-
tion of any appropriate governmental authority having ;jurisdiction
over the operations of Lessor or due to war, earthquake or other
casualty or (4) the assumption or recapture by the United States
Government, or any authorized agency thereof, of the maintenance and
operation of said airport and facilities or any substantial part or
parts thereof.
Upon the happening of any of the four events listed in the
preceding paragraph, such that the leased promisee cannot be used
for aviation purposes, then the Lessee may cancel this lease as
aforesaid, or may elect to continue this lease under its terms,
except, however, that the use of the leased premises shall not be
limited to aviation purposes, their use being only limited by such
laws and ordinanceo as may be applicable at that time,
"I. MISCRL AJ~ OVS PROVIBION3
A, ENTIRE AU TENT. This agreement constitutes the entire
understanding between the parties and as of its effective date
supersedes all prior or independent agreements between the parties
covering the subject matter hereof, Any change or modification
hereof shall be in writing signed by both parties,
B. BINDING EFFECT. All covenants, stipulations and agreements
herein shall extend to, bind and inure to the benefit of the legal
representatives, successors and assigns of the respective parties
hereto.
C. S yF a1LITY, If a provision hereof shall be finally
declared void or illegal by any court or administrative agency hav-
ing jurisdiction, the entire agreement shall not be void] but the
remaining provisions shall continue in effect as utarly as possible
in accordance with the original intent of the parties.
D, N•OTIr~. Any notice given by one party to the other in
0 connection with this agreement shall be in writing and shall be sent
by registered mail, return receipt rL~:quested, with postage and
registration fees prepaid as follows:
1. If to Lessor, addressed to;
City Manager
City of Denton
Denton, Texas 76201 ♦ w'
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Avionlea Leasa Agreement page 19 i-
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2, if to Lennee, addressed to;
Avionics International Supply, Inc,
1750 Underwood Road
Denton Municipal Airport
Denton, Texas 76207
Notices shall by deemed to have been received c.n the date of
receipt as shown on the return receipt.
E, FLING@. The headings used in this agreement are intended
for convenience of reference only and do not define or limit the
scope or meaning of any provision of this agreement.
F. OVERNING LAW AND VENUE. This agreement is to be construed
in accordance with the laws of the State of Texas and venue ''or its
enforcement shall lie in Denton County, Texas.
IN WITNESS WL{EREOF, the parties have executed this agreement as
of the day and year fires.- abova written.
CITY OF DENTON, TEXAS, LESSOR
BY
809 CASTLEBERRY, MAYOR
ATTESTi
JENNIFER WALTERS, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL. FORM;
HERBERT 1,.. PROUTY, 01TY ATTORNEY r.
CITY OF DENTON, 7 XA5
AVIONICS INTERNATIONAL SUPPLY,
INC., LESSEE
BY;
Monica Lease Agreement page 10 'iw
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THE STATE OF TEXAS § VVV~~~~~~~~
COUNTY OF DEN'PON 5
This instrument was acknowledged before me on the day of
1995 by
NOTARY PUBLIC, STATE OF TEXAS
My Commission Expireei
< 4.
AvlonlCe 6paee Agreement Page 11 l ` 1 ; 1
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a~,~~~cw.oY~ ATTACHMENT 9
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Agendi
A01nda uam
ORDINANCE NO, Date
AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF DENTON,
TEXAS TO EXECUTE A COMMERCIAL LEASE AGREEMENT BETWEEN RHE CITY OF
DENTON, TEXAS AND AVIONICS INTERNATIONAL SUPPLY, INC. FOR APPROXI-
MATELY 0.565 ACRES OF PROPERTY LOCATED AT THE DENTON MUNICIPAL
AIRPORT, WITH OPTIONS ON THE LEASE OT* ADDITIONAL PROPERTY COMPRIS-
ING AN ADDITIONAL 1,745 ACRES, AND PROVIDING AN EFFECTIVE DATA;.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAIR8i
SECTION I, That the City Manager is authorized to execute a
commercial lease agreement between the City of Denton, Texas and
Avionics International Supply, Inc, for approximately 0.565 acres
of land located at the Denton Municipal Airport, under the terms
and conditions contained within this agreement, which is attached
hereto and made a part hereof.
SECTION III, 'c'hat this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of ,
1995,
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM;
HERBFR:' L, PROUTY, CITY ATTORNEY
rJ,, •BY.._---,
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