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HomeMy WebLinkAbout1976 ~f 11 f i~ { 1 DENTON MUNICIPAL AIRPORT PRESENTATION CITY OF DENTON CITY 'COUNCIL ORIENTATION RETREAT MAY 21 & 221 1976 1 is f I I r I TABLE OF CONTENTS i • 1 I, CITY OF DENTON AIRPORT ADVISORY BOARD f~II. A CHRONOLOGICAL LISTING OF EVENTS THAT HAVE SHAPED THE HISTORY OF DENTOIJ MUNICIPAL AIRPORT III, CONTRACTS WITH ACROSMITH DENTON CORPORATION IV, FEDERAL AVIATION ADMINISTRATION GRANT APPLICATION ..1 N V. FACILITIES AT DENTON MUNICIPAL AIRPORT I l; i I 1 I i I 1 ~ X7,1 J 2 s= ij 4i,,,rr. " 1 Ji 1 ~d " i ~ ~ ..«.1 d N ~ ~I !i ~ i i ~ s't ,i~ it f I AIRPORT ADVISORY BOARD The current Airport Advisory Board was created by Resolution on February 26, 1964, Resolved, that an Airport Board for the City of Denton, Texas, is hereby 1 created, which Board shall consist of four (4) members appointed by, and shall serve at the pleasure of the City Council, On June 24, 1969, the Board was renamed the Airport Advisory Board and expanded to seven (7) members, (See attached RESOLUTION,) The current Airport Advisory Board consists of the following members. John Moellinger (Chairman) 00 Richard Stewart (Vice-Chairman) Byron Smith David Nichols ` Oran (Skinney) Crouch Al Crawford i Wally Reed w The Board has four members with terms that expire this year; N John Moellinger (first appointed - 1972) I Richard Stewart (first appointed - 1972) David Nichols (first appointed - 1972) t Wally Reed (first appointed - 1974) A. fifth member, Byron Smith, has asked that he not be reappointed as he is moving 2 to Colorado i a y t1 I rv r 1i r` r. MUNICIPAL BUILDING June 24, 1960 6. The following Rosolufion was presented! R 17 S O L U T 1 0 N 1313 IT 1111501MIM BY TM COUNCIL OF 71113 C17Y ON III:AIT'ON, 'IHMS1 That the Airport Advisory Board of tho city of Denton, TomI shall co,slst of seven mombors who shall be rosidents of Denton Cotutty, 'T'exas, and iuur (4) of same Shull be also rosidonts of tho City of Denton, pour (4) members shall be appointed by the Council to sorvo for one yoaTr, ending the 50th clay of Jtv',o, 1970, or until their successor is appointodi and three (3) mombors shall be appointod to sorvo for two j (2) yoars ending the 3001 (illy of Jtoio, 1971, or until their succoosor is appointed, All meai4lors oppoi.ntod or ro-appointod after this y ar shall servo for wo (2) yoars, and continuo until their successors tiro appointed, which shall establish stag- gored two year terms, No poison having any '-oetminry tutorest in the Denton Airport or with any uporator or concugsionn r thereon I shall be n mombor of this Air7tort Advisory Board. The purposo of this Board is to adviso the Council I on oll matters concerning or pertaining to the Denton Airport, 'and to stibmit a I'ltclgot rocomnon(latlon to the City Manngor for his consideration in proparing the total City budget, PAsm AND APPROVN) this 24th day of Juno, A.D„ 1969, CITY 011 UP,NPON, TIMA5 „ ' C1'iy oil DIWPON, 'I'I XA5 'h APPROW.0 AS 'i0 1AXAL l'0I4W a V(; 1rj MrMWi l - m'T7t f i ` CITY OF UIINION, TEXAS Motion was madu by llinlaYr socondcd by Nou that tho Rosoiution be ndoptod. On roll call vote Malay votod IWO," Nou votad "ayo," Ayer votod"ayu," and Nolson voted "'Yo." Motion carried, WM.MWMWWM~r.MrtµW. t+ i r ~i ,,.~.-r ri ~ 'r r., P, ~i ~i i1 . :i:-, i¢ t I ' ~ { f i i 1 J ~ I J i J _....._.....y..~.~.._ y .rr.. .4T N l7 e, I. A CHRONOLOGICAL LISTING or EVENTS THAT HAVE SHAPED THE HISTORY OF DENTON MUNICIPAL AIRPORT, ,limp 1s.; 19A0 The problem of locating a suitable field to meet the requirements of the Civil Aeronautics Authority and acting as a sponsor for such a municipal field was discussed, Waiguip4r 19. 1941 Bond election held, Proposition N3 was for $66,000.00 for the purchase of land and construction of an airport, aeptembpr 20. 1941 poD orb ~uoGT'1 The City Commission canvassed the vote, The Airport land acquisition and con- struction passed by 416 votes to 366 votes, Thera were two other propositions on the ballot, school system improvements which passed, 'and construction of a municipal swlnming pool and recreation center which failed, bpuar.y 9..1942 W3 XKY A land purchase committee for the new Airport was appointed, The members were s Ben Ivey, 0.C, Fowler, G. S, Campbell, Mayor Preston, Superintendent Harris, and G.H. Brown. s January 26, 1942, The land purchase committee reported back that since some land owners were ! wanting as much as $110.00 per acre, they recommended that only the actual i t amount of land needed be purchased, February. 13, 1942 I Airport land was purchased from the following individuals and companies; 1, 217,6 acres from Western and Southern Life Insurance Company for $14,105,00 474.5 acres from C.N. Price for $20,665.00. This land was located northeast of the City and is the present site of Hartlee Field. s ` November 14s, 1942 City sold the Airport to George Harte. I September 24, 1943 The Mayor was authorized to purchase 560 acres west of the City for an airport a J fe ~aa.,-4J1 i1 i vt a fl ' Page 2 site, This is the site of the present Denton Municipal Airport, ~AW2,L6, 1944. Th City Commission ,ioinod-,in a contract with the Civil Aeronautics Authority for J the construction of an airport with Civii Aeronautics Iay-.10A x,246 Authority aid, The Mayor received a latter from the C.A.A. informing the City Commission that the Airport construction was completed and ready to be taken over by the City, w• A temporary committee was appointed by the City Commission to plan for the o era- tfon of the Airport, the members were J.L. Yarbrough W, o. Lee Preston, Oran Crouch, Ben Ivey, Stanley Monroe,~Jack Gray~rand~MarvinWRarlneyms, ftLL-L- 946 The City Commission passed an ordinance creating an Airport Board with super- visory control over the Airpport, Five members were appointed to fill five year terms; Bill Williams, Stanloy Monroe, Den Ivey, Leo Preston, and Marvin Ramey, October 21, 1946 ; The City Commission approved a set of Rules and Re ulatio ' the Airport, g ns for the operation of MY-1-1"I _4 8 The City Commission informed the Airport Board that they would have to operate on the rental income from the Airport, Julep i The City Commission directed the City Attorney to write an opinion as to whether or not the Airport could be sold, J l 114 gyp The City Commission passed an ordinance abolishing the ordinance creating the Airport Board based on the fact that the said Airport of the City of bantori, Texas, has heretofore and is now operating at a deficit and bocoming more of a burden to the taxpayers of the City of Denton, t The Commission further instructed the Mayor to have the Airport telephone distort. netted and to write a letter to all Airport Board members expressing the sentiment of the City Commission, Feb,,, ua 12 1952 The City Commission sold 32 112 acres south of the Airport to M,T, Cole at $177,76 per acre, ° cndE l R t ~t s is Page 3 March 10, 1953 The City Commission passed a motion to place on the ballot of the next regular city election the question of whether or not the Airport should be sold. March 17, 1963 A motion was made and sec,)nded by the City Commission to defer any action on a straw poll in regard to the disposition of the Municipal Airport until the April, 1964, election because of a protest by the Civil Aeronautics Authority and because the C.A,A, has agreed to work with the City in obtaining a permit for a commercial airline to use the Airport for regular passenger, freight, express, and mail service, and also to assist the City in obtaining some industry to use the airport on a sale or lease contract acceptable to the City and to the U,S, Government, January 29, 1962 Committees from the Chamber of Commerce and Municipal Research council reported they a"e continuing to meet with reference to Airport studies. February 26, 1964 The City Council passed a Resolution creating an Airport Board of four members, March 100 1964 The City Council appointed Bill Kremer, Mike Rummel, Harwell Shepard, and Richard Ragsdale to the Airport Board, March 17, 1964 21 w A muni~ Cipal bond election was held including $50,000,00 for improvements at Denton Municipal Airport, The proposition passed 1,484 votes for to 704 votes against, The improvements voted on were as follows; 1, paved entrance to the Airport 2. paved parking area 3, runway lights 4, beacon light 6, radio communication 6. administration building and T-hangars I March 23, 1965 f Airport Terminal Building bid awarded for $21,014.00, November 9, 1965 The City Council passed a resolution authorizing the Mayor to execute an Airport Lease, Operational Contract, and Agency Agreement with Aerosmith Denton Corporation, October 10, 1966 The City Council passed an ordinance authorizing the issuance of Time Warrants totaling $125,000,00 for the construction of a hangar, office building, and a ten unit T-hangar at Menton Municipal Airport, i1 l4 iar.k;1f E+ ~-i Page 4 June 24. 1969 The City Council Passed a .Resolution expanding the Airport Board to seven members, October 12 1971 , The matter of approval of the request of the Airport Board to file an application with the F,A,A, and T,A,C, for funding assistance to prepare a master plan for the Denton Municipal Airport was discussed, The City Manager pointed out that industry has made inquiries relative to the adequacy of the Airport's runways, He stated that Denton's Airport could become a most important satellite for the new international airport, adding that if the request to F,A,A, and T.A.C. is approved, Denton's cost would be a maximum of $3,400,00, and could be as little as $1,700,00 if funding is approved, January 26, 1972 Bond election was held to approve $850,000.00 for improving and extending Denton Municipal Airport, Januar U.L - 4Z i The City Council canvassed the votes from the January 25th bond election, All ' five Apropositions failed, Proposition votes Issuance against $860~000.00 votes ffor. ~ W Member 21, 1973 ~ i M The City Council approved the Airport Master plan prepared by Shimek, Roming, f I Jacobs, and Finklea, ' May 1976 I The City Council authorized the City Manager to submit a grant to the Federal Aviation Administration for $1,666,037,50 in improvements at Denton Municipal Airport, i 1 i ~ y f i I 7 f a JFW t f f ~ V~ j! f. : i 1 is r i i I i ti i AIRPORT OPERATIONS r Most of the activity at Denton Municipal Airport revolves around the FBO (Fixed Base Operator) which is Aerosmith Denton Corporation. Aerosmith has been operating at Denton Municipal Airport since 1966, and they are the people who are probably most responsible for the current state of development at the i airport. Aerosmith Denton Corporation offers several different services. They 1 have Denton Piper Sales, which is their retail airplane sales. They also have a flight school, charter service, and a parts and repair service, Their annual ' gross sales for the above sales and services average around one million dollars, We are currently contracting with Aerosmith under two separate documents, the Agency Agreement and the Operations or Lease Agreement, The Agency Agree- ment is a document whereby Aerosmith will act in a restricted capacity as the Y airport management, This obligates them to take care of the daily needs of the airport "aa an ordinary, prudent owner might do if personally present, f other than expending any money belonging to the City of Denton". A copy of the Agency Agreement is attached behind this introduction, r The more imposing and important document is the Operations and Lease Agreement , Contract which is also included with this report. This document covers a num- ber of items, but the two most important items are the Lease of Ground space and the Rentals and Fees. Under the Lease of Ground Space Aerosmith has a l 30 year lease on approximately 36 acres of airport property, This 30 years began on August 26, 19750 and will run through the year 2006, Under the Rentals X E and Fees section of this contract is where the City derives its revenues, This is a three part plan that includes; a monthly basic cash rental of $626,00, b,02 per gallon on all aviation and jet fuel sold, and 5% of all cash receipts ,f ill y i t jP i I i 1 page 2 derived from aircraft storage, This is currently providing us with monthly revenues of approximately X1,000,00[ As the activity at the airport increases, we anticipate a natilral increase in monthly revenues[ I j Both the City and the Airport Board are interested in placing another Fixed Base Operator at Denton Municipal Airport, The City staff have met with a number of individuals over the past few years who have expressed an interest in locating a dealership at the airport, The City Council approved a contract last year with David Johnson who was proposing to operate a Cessna Dealership at Denton Municipal Airport, but for various reasons, the contract was never executed, it is hoped that in the not too distant future, another FBO will [ locate on the airfield. f .1 a a ♦ F; f TIIU STATE OF TEXAS COUNTY OF DENTON X THIS ARLEM10T, mnde and entered into at Denton, Texas, this 26th day of - August A. D. 1975, by and between the City of 'j Denton, Texas, a Municipal Corporation, of the County of. Denton, State of Texas, hereinafter for convenience sometimes styled "First' I Party", and Aerosmith Denton Corporation, a Texas Corporation, hero- i inafter for convenience sometimes styled "Second Party", with refer- once to the Denton Municipal Airport, hereinafter for convenience ' ' sometimes styled "Airport", 14ITNLSSFTII i The parties horeto for and in eonaiderati.on of the rents, aom- missions, covenants and arroLments contained herein, mutually agree as follows r riu:Mxsrs f rirst Marty does hereby demise and lot unto the Second Party, and Second Party does hereby hire and take from the First Party, } t oertain premises and facilities, rights, licenses, and privileges on and in connection with the property and improt,, ,.its of first Party specified as said Airport, as more particularly hereinafter not. forth, . ' A. USL OF AXRPOATi The use, in oommon with others authorized z so to do, of said airport and all apptirtenances, facilities, improve menta, equipment and services which have boon or, may hereafter be r_ provided thoreat, such use without limiting the genorality hereof, } to inolude the following rights, licenses, and priviloges, The operation of a transportation system by airornf.e, the re- pairing, maintaining;, conditioning, servicing, parking or storage of aircraft or other equipment, the training of personnel and the testing of aircraft and other equipment, the Salo, disposal or ex- ohange of airornft, anginas, aoaeanoties, and rolatod oquipment, the sorviainl; by Second Party or, others of aircraft slid other equip- mont, including the right to install and maintain on said airport } y' ~I k3 i I t adoqugto seersga facilities and appurtenances, including right-of- t way necessary therefore the landing, taking off, parking, loading, and unloading of aircraft and other equipment; the right to load and unload persons, property and mail at said airport, by such meant, as Second Party may desire, with the right to dosignate the carriers who shall transport Second Party's passengers and their baggago to and from t:he airport, and, also, the further right to designate the carriers who shall transport Second Party's airborne freight, if any, to and from Clio said airports the right to in- stall and operate advertising signs, the general typo and design of such signs to be reasonable and appropriate; the right, but I not the duty or obligation, to install, maintain and operate radio, communications, meteorological and aerial nnvigations, and such other similar equipment and facilities in, on or about the pro- I. mixes horein leased, as may be necessary or convenient for Second Party's operations; the conduct of any other business or operations y reasonably necessary to the proper, neconenry and appropriate,con duct and operation by Second Party of its businean, r ~ B. SPAOL IN AbM7.NISTRATION BUILDINOt The solo use of suffi- cient spas( in the administration building now located on said rir- 1 port, but in no event to exceed fifty (50%) percent of the whole area ? 'thereof, for such use as Second Party may desire to make thereof, compatible with tha nature and intant of these presentas the use, in i common with others, of all public space in, the administration build. _ ing t .f C, PAI KTtiCi ST~ACL; The use by Second Party, its employees, ouotomers, suppliers and other licensees, or'invituos, without r charge, of an adequate designated vehiouiar parking spac,3 located i at near so possible to cho administration building, D. IXASM GAOUNII SPACE i 'Rita solo use of that Bert nin ground aliaco, togother with all improvemonts now located thereon and which may hcreaftor be added thereto, lying and being airuated on said airport, for sucft uses as Second Party may dosirn to make thorcof, compnti.blo with the purposes and intent heroof, the same being moro particularly set forth and described an follows 999 't M'.>orl%vit i3 7`J, .ifs Itlr(`i, L 66y VI AEGXNNINO at `a point in the north pproperty line of, a tract of lnnd our of the Thomas Toby Survey, Aba.ract No, 1285 and 14m Neill Bur- Vey, Abstract No, 970, Denton County, Texas, said tract boint, in the name of 1), r, Breen and described in Volume 127, pngo 1.83 of the Deed Records of Denton County, Texas, Snid point being the northwest corner of said tract and also being in the south line of. F.M. Road l1 1515; THENCE: west with the south line of F,M. Road 1515 a distance of 350 feet to a point for a cornor; 7110CL north a distance of 1000 feet to a point for a 'corner; THENCE west n distance of 830 foot to a point for a corners TIM M south a distance of 1600 foot to a point for a corner.; i THLNCL east a distance of 11641 foot, more or loos, to a point for I f" + a corner., said point: boinp the most westerly sout:hwost corner of the said Breen Tract; THENCE northerly with the west line of said Breen Tract a distance of 600 feet to the place of beginning, SAVE AND 8XCEPT that eortai.n tract of land heretofore leased by the City of Donton to P. V. Breen as described in the lease agreement dated the 25th day of March, A. D, 1968, P. RYOUT OF ACCESS, TNOtttS AND EftkLS5i The full and un restricted access and ingrens to and )Areas from the premises for 1 all purposes contemplated by this agreemont[' F, SCOND PART, AGRI,iS, (1) To indemnify the City of Denton, First Party, atninst r such losses in connection with Second party's operations hereunder an can be funded from Second Party's purchase oP a standard l.in- bi,lity insurance policy in an amount: not less than $100,000 Vor each s mow,, person; $300,000 for each occurrence, and $100,000 for property damage; (2) To comply with All current And, future laws and ordin- ances and all rogulatioas of federal, stnto, county or city airport, authorities And/or agoncics, and pay all t:axos, and the cost of. :E licenses and pormits nocessnry for its operations, horoundor; (3) To keep adequate records of income and axponae, and mnko such records ronsonably available, upon request, to Hitt ' Director of finance, city of Denton, Taxas; ,I (4) To conduct its business and manar;ement in a'nour.tooua And effioicnt mannerl, (5) To providu scrvi.oe on a sou-diacrimf,natory bnsis; 5 i a; d (,,Sii¢:r[r r 1_tq PPP ~IRri}j Ily ~ i } (t (6) To provide tie-down service to overnight or other transient aircraft or aircraft roivaining at the airport for twenty- four (24) hours or lesaj (7) To maintain normal and customary airport services during daylight hours, and man the Unieom apparatus whenever rear f sonably necessary, (0) To provide janitorial service to the Airport Admini- stration Buildings (9) To be responsible for mowing and disposition of weeds, grass and other vagotation of all such airport property, cleaning and maintenance of all areas exoept those designated as the respon. aibility of First Partyi (10) To operate a flight school and have at least one suitable airplane for training and rental purposes (11) To operate and maintain a new aircraft dealership or aubdealorship or diatvibutorship on this airport; (12) To operate and maintain an a/c and a/c engine re-' i pair shop, including employraca of an A & P license aircraft mach- F 1 anic; k (13) To make available either by tank truck, stationary pump or other suitable dispensing equipment approved by the fire Marshall of the City of Denton, those grades and octanes of gasoline and other petroleum distillates normally found at similar airports; and all storage tanks for- gasoline and other aviation fuels shall be placed underground in accordance` with the provisions of the Fire Coda of the City of Denton for underground flammable liquid storage tanks, i (lh) To provide vending machines on promises for the dis- penaing of rofroahments, and to retain the revenue from such de- vices. 0, FIRST PARTY_ ACID I'S l i (1) To provide and squip an administration building and provide an office therein for Second Party in said administration building, and provide unicorn equipment,. 1 A4k dPj 7+17j SI Y i (2) To provide solo use of the main large hangar (known an the "Breon liangar"),tho 15,000 square foot main hangar, and ten (10) T-hnngars, located on the loaaed premises (3) To n+aintain all concrete and asphalt runways, taxi- ways and auto and airplane parking areas on the entiro airport, including the promises herein leased or made available to Second Warty by virtue horeoi°I (4) Pay for all utilities for the equipment described r r - in Xtem 5 below and all utilities to the administration building and water for maintaining the area around the administration building (5) To maintain all runway, taxi, and area lights and beacon ; I (6) To Provide adequate insurance for the administration building and all leased hangars, and to roplaee or repair aach in all cases of any lose compensated by insurance, within a reason- able time, + I 'a THPM The tam of this agreement shall be for a period of thirty (30) years, commencing on the day of - 4L4e C 1975. i:MALS AND rres Second Party agrees to pay First Party at the City Hall of Denton, Texas, a basic. oanh rental of Six Hundrad Twenty-rive s ($625.00) Dollars per month during each month tMa leaso is in af..root, plus the additional sums na £oltowa+ 1 A. Two cents (2p) per gallon on all aviation fuel sold by Second party tit or on the within leaaad premises, to be paid on or beforo the 15th clay of the month following said sale, provided, ' however, there shall be excluded Prom this oemp'ueetien all gaso. ` 1 lino usad by Second Party, its a>?filietee .ind oubaidi.nrina, xuxtiliaxmnro, Second Party will not pity two (20) par gallon on jot } foal during, the first taronry-four (7.h) months of this loses, I '111 .r r . - . ~ _ A~ 1r.T_ -~sC~-~. ~ _ .~------~--T~'r, d ! 1 t.. T ,pl, B1 Five percent (5%) of the cash receipts derived from air- craft storage in all hangars already in existence or hereafter con- t structed.by either party, Said sums to be paid on or before the / 15th day of the month following the month in which they accrued, C, Second Party ahnll have the full right of purchasing at said airport its requirements of gasoline, fuel, lubricating oil, grease, end/or any other materials or supplie3 from any person or company of its choice, and no charges, fees, or tolls shall be { ohnrged by First Party, directly or indirectly, against Second Party or its suppliers for the privilege of using, storing, with- drawing, handling, consuming or transporting the same to, from or on said airport, D; Second Party will pay an additional amount per month for each month during the term of the lease with respect thereto, a stem equal to one-twalfth (1/12) of the annual cost to First Party of the insurance carried on the fifteen thousand (15,000) square foot main hanger and ten (10) T-hangars owned by First Party, IV. ADDITIONAL CONSIDCTION After fifteen (15) years from the date of execution of this { agreement, Second Party will pay to First Party the additional aum f of One Hundred Fifty ($150,00) Dollars per month unlessr (a) Second Party is developing the entire "leasod ground space" (as sat out in I-D above) according to a thirty (30) year F development plan for said space as prepnrod by Sooond Marty and approved by First Party. Second Party shall submit. such plan, if r' any, to First Party on or before the coirmtencoment of Clio fifteenth (15) year of this'loase. , (b) Releases to Clio First Party for recapturo, the un- used portion of 'the "leaned ground space", V1; MA1141VNANCL oI' ADMiNMrRkT ON. BUILDMO Pirst Party agrees to keep adequately maintainad the ndminia- tration building at all times and the public space in Clio adminis- +Sy 1MM~~ e-, t: d `r trntion building attractively furnished and maintained, and to pro- V ti vide and supply adequate light, electricity, heal and wafer for all apace in said administration building at no cost to Second Party, Vi. AllDIT~IONAL CONSTRUCTION A, Second Party may at its own cost and expense, as the need therofor shall arise, erect on or install at a location to be deter- miacd by both parties hereto, at said airport, any hangar or hangars, buildings, or structures, including storage, tnntcs, or other equip- ment, abovo or under ground, that both 'parties shall determine to be necessary for use in eointection with its oporations hereunder, g, First: party looses said premises to Second Party for the i E purpose of being a general aviation operator and Second Pt+rty will not sub-le.aso any portion of the premises without the approval. of f nor will Second Party erect, install, or construct on First Party said promises or sub-loaae any portion of said premises for erection, installation or construction of any industrial, comidor.eial or retail building, or any motel, hotel, restaurant, private club or bar with- } a out the approval of First Party anJ under the terms and conditions, , including financial consideration, to First Party, agreed to bei.,;een N 11R{ the parties, First Party shall not compete with Second Party regard- f ing lease of property for industrial, oommorcial or retail purposes ! I t to potential lessees solicited by Second Party. Second Party will + notify First Party in writing of Third Parties with which it in I negotiating, C. If at sty time during the existence of this lease, girst Party constructs additional taoilities for use of Second Party, the parties will negotiato additional torms'and conditions for said facilitien. VII. • xulas N3D n~,ovirn+rlntas f Second Party covenants and agrees to observe and obey all ron- sonablo rules and regulations which may .from time to time during the term thereof be promulgated and enacted by First Party or other competent nuthatityl prow+ded Clio same are oonAi.at:ent with safety and do not. conflict with Ghe rules of any Federal aganey having Sur- ~ iodiation thcroovor, and are not inoongistune with the procedures ~5 X91_ 13 i y, ] F!_GYlfgp NvW, M 1'1 f , t ` IY prescribed or approved from time to time by the Federal Aviation Agency or Civil Aeronautics hoard for operations of Second Party's aircraft at said nirport, First Party covenants and agrees to formu- late, adopt and enforce local rules and regulations at said airport which will provide, aanong other things, that schoduled transport planes, whenever conditions of safety will pennit, will be given the right of way over other aircraft and which regulations shall control the general public and traffic so as not to interfere with the operations of the Second Party, 110 1 VIII, First Party shall have no control whatsoever over the rates, i fares, fees, or any charges whatsoever that Second Party may pre- ; IIf scribe for any of its services by air or land, to, from, through, f or at said airport, IX, NEW CONSTRUCTION As pert of Clio consideration for this lease, Second Party will fi , build a minimum of thirty-throe (33) T-hangars on the leased ground t 4 ! apaco, Construction of said T-hangars will commence within six (6) months from the execution of this agreoment and will be completed within eighteen (18) months from the execution of this agreement, f. All hangars, buildings, structures and improvemopts shall, upon com- I mencoment of construction become the property of the First Party \ :!J in so fdtr as it or they are attaohod to 9nd are not removable from said realty, without damage to said realty, HOWavor, each and all of said hangars, structures, buildings and improvements shall be and romain the property of Second Party, in so far as they are only ( indirectly attached to, and ramovablo from, said realty; with a minimum of damage to said roAlty except that, in the event this lease or any amended or-substitutod lease agreement be!;ween the pri- mary parties, or their heirs or assigns, continuea for t110 Pull Corm of thirty (30) years, then and in that event, all of said structures, buildings and 1m provamants, shall automatically be and become d Pix s i turn to, said realty and nlulll then be owned, absolutely and in Poo, by l"irnt Pnrty, ti " x SUBROGATION OF MORTOACH Any person, corporation or institution that lends money to Second Party for construction of any hangar, structure, building or improvement and retains a security interest: in said hangar, strue- ture, building or improvement shall, upon default of Second Party's obligations to said mortgageo, have the right to enter upon said leased promisou and operate or manage said hangar, structure, build- ' ing or improvement according to the terms of this agreemont, for a period not to exceed the term of the mortgage with Second Party, or l until the loa,a is paid in full, : JCY , RIGHT OF LASEMFNT 1 First Party shall have the right to establish easetients, at no cost to First party, upon the lapsed ground space for the purpose of providing utility services to,, from or across the airport property, However, any such casement shall not interfere with Second Party.'s use of the "lensed geotuld space" and First Party shall restore the t proporty to its original condition upon the installation of any 1 + utility sor%icea on, in, over or under any such easement, i MI, i I OANCSLLATION BY kRST_ PARTY In the event that Second Party shall file a voluntary petition in bankruptcy or proceodinga in bankruptdy shall be instituted Against it and Second Party thereafter is adjudicated bankrupt p+ir_ i suant to such proceedings, or any court shall take jurisdiction of Second party and its assets pursuant to pxocoodingn brought under tti the provisions of any Foderal reorganization act, or Second Party 1+ :i t shall be divested of its estate heroin by other operation of law, shall fail to perform, keuP and observa any of the Party 01 Second terms, covenantal or conditions harain contained, or on its part to be performed, the First Party may give the Second party writton I notice to correct such condition or oure such default and, if any condition or default shall continue Pot thirty (30) days after the F.:: a+ry - A V~ a, Rc „Rk} raj a 1 ILCNYFrlr+p f! t ~4 "lip K .1 receipt of such uotiou by the Second Party, the First party may, 1 after the lapse of said thirty (30) day period and prior to the correction or curing of such condition or default, terminate this J lease by a thirty (30) days written notice, XIII, CANCLI,UATION BY SECOND PARTY Second Party may cancel this agreement, in whole or part, and terminate all or any of its obligations, hereunder at any time, by thirty (30) days written notice, upon or after the happening of r 1 any one of the following evontsi `issuanco by any court of com- petent jurisdiction of a pormanont injunction in any way prevent- ing or restraining the use of said airport or any part thereof Por airport i.urposes; any action of the Civil Aeronautics Board and/or Federal Aviation Agency refusing to permit Second Party to operate into, from or through said airport such aircraft as Second Party i may reasonably desire to operate thereon; the breach by First Party of any of the covenants or nareoments contained and the failure of First Party to remedy such breach for a period of thirty (30) days after receipt of a written notice: of the existonce of such breach; the inability of Second Party to use said premises and facilities continuing for a longer period than ninety (90) days due to any law -1 or any order, rule or regulation of any appropriate governmental authority having jurisdiction over the operations of Second Party or due to war, earthquake or other casualty; the assumption or ro. capture by the United States Government or any authorised agency thereof of the mcaintenanoc and operation of said airport and faoi- litiea or any substantial part or parts thereof, XIV, d, COVENANT NOT TO GRANT MORE FAVORABLE TEEMS First Party covenants and agrees not to enter into any lease, contract or ag,rooment with any other person, firm or corporation with respect to the airport containing more favorable terms than thin ngroement or to grant to any other 'person, firm or corporation rights, privilogon or concessions with ronpact to said airport which `i Yt1H_~i I tot ~1,><1{~~ 1 \I 3 are not accorded to the Second. Party heretutder unless the same rights, privileges and concessions are concurrently and automatically made available to the Second Party, XV i RL'CAPTU, r OF ADMINISTRATION BUILDING First Party has the right to recapture, at its option, the ad. ministration building and the parking spaces adjacent to the admini- stration building and sufficient access to the public road under the terms and conditions agreed to by the parties and the ground lease shall terminate as to that portion of the leased premises, first Party must give written notice to the Second Party at least ninety (90) days in advance of the effective date of recapture. XVI. 1 5 ASSIC1414ENT Or LEASt, Second Party shall not at any time assign this lease or any part thereof without the consent in writing of First Party, pro- it vided that the foregoing shall not prevent the assignment at any f time of this lease to any corporation with which the Second Party may merge or consolidate or which may succeed to the businoss or assets of the Socond Party or a aubstantial part: thereof; such consent shall not be unreasonably withhold. ~ i XVEI. UIL''1' LNJOY.P(1;N'P Second Party agrees that, on payment of the rent and perfor. manco of the covonantn and agreements on the part of the Second Party to ba performed horetatder, Socond Party shall peaceably hold and enjoy the lensed promieos and all the rights and privileges of said airport, its appurtenances and facilities, granted herein, XVIII, NOTICHS Notices to the First Party provided for haroin shall be suffi oient if none by registered mail, postage prepaid„ addveusod to the City Secrotary of the City of Denton, Texna; and notices to the Second Party, if sent by registered mail, postage propnid, addronsed t to Aovosmith Donton Corporation, Denton Municipal Airport, Denton, AS{°. y i4C~gsj{; Texas, or to,such other respective addresses as either of the parties may designate in writing from time to time and forward to the other, XIX{ 121_ :l)ELIt'IMY AT C}[PIRA1'lON OL L13 _ASE Second Part wil?W Party quit possession of all promises respectively leased herein at the or.4 of the t.orm specified herein with respect thereto, or any renewal or extensioti thereof, and deliver up such premises to First Marty in as good condition as existed when posses- Pion was taken, fair wear and tear, acts of God and the olements, as well as any other casualty not occasioned by the fault of second I, Party, and casualty covered by first Party's insurance, alone ex- cep„ed; Second Party may, at its option, remove any buildings which it places on said demised promises at the expiration of the term he.-roof, provided that first Party shall have first option to pur- chase any such building at a price set forth in a schedule to be i E agreed upon prior to eonst;rtuetion of each such buildirig, 1 ~ M C0MP1,IAije lTH GOVERNMENTAL REGULATIONS r N Nirst• Paa^ty warrants and represents unto Second party, and { the same is declarod of the essence hereof, thae said First Party, in the establishment, construction and operation of the said Dorton Municipal Airport, hits heretofore and at this time is com- plying with all oxioting rules, regulations, and criteria dintri- ~ buted by the federal. Aviation Agency, Civil Aeronautics board, or any other governmental authority rolating to pnd including, but } not limited to, noise abatement, air right.: and easements over adjoinint; and contiguous areas, over-flight in landing or take- off, to the and that £?eoond Party will not bt legally liable for any notion of trespass or similar cause of action by virtue of any aerial oporations over adjoining property in the course of normal take-off and landing procedures from Paid Denton Municipal Airport; Nirat Party .further warrnnLn and roprosents that at all times dur- ing the term hereof, or any renewal or extension of the same, that 1 t it will continue to comply with the foragoing, i fp¢¢l F~ i.,leWA Yn.yNYi'J I N TN IJTTNESS Wt1i,RIsOF, the parties havo executed this agreoment the day and year first above written, in multiplo copios of like tenor and effect, each of which shall be deemed an original copy, CITY OF DENTON, TEXAS, FIRST PARTY $Yi ATTC~~ cif of (17fR 716L'I /x~ h`- ARY CTiY OF DENTON, TEXAS 'I i APPROVED AS TO U01AL FORM; ..ri /Vla~.Pf1A1'1~JY'4I CITY OF 7)ENTON, TEXAS i /X:ROSNTTH DRNTON CO RPORAT1014, SECOND PARTY ATTEST d 4 t f +t y~ M r Wtv %'-Al "4' III ' AG)3NCY tCi;rr i1t13T P`~`"'! srAT1, or . TsxAS, ) COUNTY Ol' DENTON ) Xnow all men by those presents 'that 1, Warren 19h°.t.son, Jr., acting as Mayor of th. c:,.,y OE Denton, Texas duly authorized by proper rosnle J. o;1 of tho City Council o, ehe City of Denton, Denton Courcy, Toxas, havo made, cons:'.:utod and appointed, nnN by nose :;5r.osontr do make, Consti;.; .2 aac r appoint AIMOSMTTFI DENTON COT?ORATXOX, a Texas, Chartorou or(~- f/ E oration, the true and iawi'el Ft,ent of and for the sni C;.ty E of Denton for he followinc purposes and nano of ^ he'^. 1, make, acknoi'tlodro, oxoouto ar,d deliver agricu: s.,:ru: ground use loaset noi: to exceed one, yoe_' o.) property known ar-c. used as tha Denton unao:._;::. A r )fort, situated in Donto,7 County, Toxast F 2. order, purchase and conr.re'ct for such materi4'_ E 1 labor. as shall t;e r13u:sonubly nocoasary for tho ;')w - i f pogo of making emergsnr-y ropairs to tho Nort-'r. Souzh i r.u:.way oituatod on •t.ao .,aid Denton Kunicipal .-::pozc 1 subjoob, however, eo t11e ennd_'t:ion chat said „nt ~--'f is not authorized to have xc,paJxs w'de in a rta:.:~ur i that would reHUlt in Cho c:r.c,ati.on of a lion o.i any 3 City proporty) { 3. yaks chnrgo of amel rumairyo the maid Denton Munioilial Airport sand to do and porform all acts that ar.o roa- 7 sonthbly nooossary in tha, exocut.l.ori and promotion of 2 tho aforesaid Airport in att foil and ample a mrlnne.r at3 an ordliinr Y 1>rud.nt owner might do if porrsonally ylM i V tvsaay.€1 ~'1} v 1 pwtE liT,lll IIgEf 4 : proaent, other than ezpendi.ncf 'illy money belonging to the City of Denton, 4, to police and requlat.e Chn'uso oC the 7ronnds a;;d Vaoi).itios of the prneon Nun9.oipal A.trpore, and to make and enforce r. ansona}:Ile roles and regulation Pursuant therot:o w'i:c•h r.ro compatible wit), the Ordinances of the C"-cy of Dontten nkld all x'edcr.l and State laws and ror;"_ation5 includi.nq all I', A. rv.: cs and opinionv, i ryivii.g and granting unt6 said agent full power and gut} ,.rit,y ' ' to do and perform all. and every act and t: inr rouui: io-- ;,td: noccsi:ary to be done in and &bout th3 promasos of the ;,u-Ld Denton 1Hunioi.pal Airport aft fully as tno City of Dento.,. could rio by any other roprosontative. ` r 4 Thin agency agrooment st..y be revoked .t any tim,a, , out notice, to agent, by rose u-cion o:' the Dolnzon City filed with the City Se(,rota.-y of the City of Denton; but in to ease shall this agroemont.be in offact boyor,d ono tersninthtion data of the Air,)q:^t leaso agreo;rent by t;n6 .twaan the parties hereto, f 1111 YtFsr.c.n S~,v.tasn, or., 1:.:.,or City e ~ Uon'lon, 10oxa6 ~2 n i} srnokra'iinlt, .City sbaxotr,ry ~ 'a ' Cst;y uE gont•on, Texas 1 APPIl OVPZ AS TO l,rChr, k'OltlSi 7tluk ~,1 hnrton, City, AL-t-ooney t.ity at Don Non, Texan pit&ri) ~ ry5'ba.}le% kPii IA9 fhYrYiYY 11 ..,e•N P.RMYr:ul{i1p r{~ F FiVYl ,kY,,.y (I prnnent, other t}$" aiponllin(j any Inwtey Ucilongirc1 to PAS RR ? the City of Denton; 4, to police and requl<Ir:r. the use or the grounds turd facilities af: lho DunCOn Vv.n.i.ct,j5a]..~irhort, and to Make and enforce rOc,sanablo rules and r.ogulations purnuunt th -roto v') .oh arc) oomr.Itil,lo with th, Ordinances of Che C,ay of Denton and all tcti.. Il and h. ~ State laws and r.era,Ct. Lions includin, all P. " rules and npini0n60 giving and granting unto said agent full power and cL i.c iLy e'.•,inr; roquLSt;.o ts,td and y not an and eN ~cri n _ Co do and ner.for.m all a i , rlisos of the ecoesnry to be done in and c.bout the pra. n a fu11y ae t'no C:.'cy of Dontc' could c onion Ilnicipal Airport as do by any other xoproyontat.va, i This agency agroomont rc,;y be revoked at. any tiula, -"1 ,.:.tt a i 1 1 by rose:-L;i.ion o•.'. ti:,e i;l.:.'-on City out notion to agent, by filed wit h the City Soorota sy of the City of riontat, ' o ' s r f but in ro oaoo dha11 this allreomont.hn in or".fact ;yoyor,c ~o J i termination data of the Aic;~a" loaeu rigreomc:rlt by any <twe.~n 1 tha partioo hereto. n )I;NYT0S VXAS CITY _ By ; 1A a!sx hr&r Y. ett W,t1A30) .u1',, ~~nr , CiL•J y of Den-con, Ii OxaF; t J .r Srnoknllo;Lt, SBOLOtaLy city city of Uontonf Texas sAPP12ovrD h5 xo tr,(hL T)►tM: " - Attorney i7}tak III. Uartbnf City- ~ (]ity of Uanton, 9'oyae ..\1p, I i y p,,~, ; a' ` IR 1 jE 2 ' ~ i, r - I ~ - j ~ ; S 3 i ~ + i I i j , ~ h 1 ,/J i ~r ~F ' ' r 4, 1; ~ MrrurF Irv ""W" { pp170III r,i „+.-err - 1976 - 77 FEDERAL AVIATION ADMINISTRATION GRANT APPLICATION i The opening of DFW International Airport had a very positive impact on Denton Municipal Airport, First of all, DFW has made more people aviation conscious, This has led more people into general aviation which is increasing the air traffic at Denton Municipal Airport, Secondly, Denton Municipal Airport Is just outside the DFW Terminal Control area. This gives the private pilot more freedom in his take-offs and landings which is very desirable. I 1 The above listed attributes of Denton Municipal Airport have placed us in a good position In the National Airport Plan. Our ranking in the National Airport Plan has given us a high priority with the Federal Aviation Administration. .i W This priority with the F.A.A. has put us in a much better position to apply s ; for grants to improve the airport, These needed improvements are well known N to you from previous meetings, r ! I At the May q, 1976, meeting, the City Council authorized the City Manager to apply to the F,AiA for $29208,060,00 for improvements at the airport. Of I this figure, we are requesting $1,656,037.60 from the F,A,A. This will leave the City with the responsibility of coming up with $662,012,60 in matching funds. The alternatives for financing our share are shown on the attached memo. I have also attached the summary sheet from our grant application showing the proposed improvements. .1 !:i I' A tMJ+A~0. ILt Y14.1'dll SUPPLEMENT TO PREAPPLJCAT100 FOR FEDERAL ASSISTANCE DATED MAY, 1976 w' SUBMITTEo E3Y~CIT_Y Oy.UENTON, TEXAS TO IMPROVE _ _I?EDl'CON MCINICIPAL-~_`---- AIRPOp r ,~^DESCRIPTION O~wORK TO~g q ~dMpISNE'D ITEM OF WORK TOTAL A ESTIMATED COST SPONSOR'S FAA ESTIMATED DATE Npa DESCRIPTION FUNDS FUNDS. WORK WOULD B REQUESTED C D COMMENCE 1. Land Acquisition for South E Clear -,one, North-South Runway 158,200 39,550 118t650 2• Land Acquisition for 800•foot Extension, North End, North- South Rt nway, For North Clear Zone and for MALSR Installation and Middle and I Outer Marker Site 269, 850 67, 462. 50 202, 387.50 3. Strengthen F7xisting 4150 foot North-South Runway and ' y Taxiway System s 506,000 126, 500 379) 500 4, Extend North.South Runway and Taxiway 1050..feet to , I South, 4911000 122,750 368o250 5, Extend North-South Runwa ! and Taxiway 800.afeet to y North) 343, 000 85) 750 257)250 6, Relocate Farm Road 15 i Korth end North.So 15 on uth )tun- ' way. 1 84, ooo 21, 000 63, ooo 7. Construct Medium Intensity i Runway Lighting System on 6060.foat North.South Runway A and Taxiway System and con. struct Rotating Beacon, Lighted Windcone and Seg. { mented C;rclo 80,000 20,000 60, o00 ' 8, 1telocato I xlsting VASI-2 and Convert to 1'ASI.,4, 25, ooo 6, 250 18, 750 "WRF 'P k."tp*l i I JA" I 191A Y SUPPLFMENT TO .r PREAPPLICATtON FOR FEDERAL ASSISTANCE DATED MAY, 1976 SUBMITTED BY CITY OF DENTON, TEXAS _ TO IMPROVE _DENTTON MUNICIPAL AIRPORT DESCRIPTION OF WORK TO BE ACCOMPISHED ITEM OF WORK TOTAL SPONSORis FAA ESTIMATED` DATE i A ESTIMATED COST FUNVS FUNDS WORK WOULD REQUESTED COMMENCE No. DESCRIPTION B C D E 9, Construct Precision Instru- ment Marking on 6000-foot North-South Runway and ifaxiway. 36p500 9, 125 271375 10. Strengthen and Extend Existing Aircraft Parking Apron, 184, 000 46, 000 138,000 11, Clear Approach Areas on North and South End, 6000- toot North-South Runway. 2,000 500 11500 1 12. Mark and light TP&L, 139kv Tower T.rahsmission Line on South End, Nc rth-South I { Runway, 3, 500 875 2s625 13. Mark and light TP&L 60kv i Power Transmission line on North End, North-South Runway. 5, 000 1, 250 30750 14, Relocation Costs 20,000 5, 000 15,-000 `44 E 1 k 1 N tl'OTA LS _ 20208,050 5521 012. 50 Is 6560 037, 50 I RS,JlK! k A ..31 jM I r t SUPPLEMENT TO `t{ PREAPPLICATION FOR FEDERAL ASSISTANCE I` DATED May, 1976 I1 SUBMITTED BY ^Y~9!~l Of Denton, Texas I TO IMPIaOVE~ '"Denton Municipal ~ AIRPORT I~ ESTIMATED COST OF WORK ITEMS LIST By tT! hl OF ql SITE PAV14(3 LIGHTING h115CELLAr WORK N0, ACQREPARATION HOUSTOT AL A D 0 H 1. $15$ 158, 200 2 269,850 269, 850 00, 3 4570 000 49, 000 506, OOp `1 $124, 000 3110 000 , 53,200 4910 000 ~ y 23,500 238, 000 3, 500 780 000 343, 000 6 17, 500 9, 000 54o000 30 500 841 000 i 7 80, 000 80P000 8 25, 25, 000 i 9 f 36,500 36,500 10 3, 500 1800500 "'"J000 11 j • ' 21000 2, 000 12 3, 500 30 500 I 13 •5,000 5;000 j 14 200000 200 000 i' i ff I 1 T'OLVAI, 4,150 550 162, 000 1, 240, 500 111,300 248, 700 z, 208, 050 , turf. ..4dr ~ 'q, ~{jf' ~[G~ 4 -.r. KS 4 i . L ~ 1 i f al 1 ,„a ~ ~ r t ~ S ~ ~ } .I i is ' .I. i r1r~ l J 1 M6 j 4, IN y n f 4 _ i Ilol l In r 1.u11 91 4 1 r it on t { Y b yT `.Si Oj ~ ci yY/ \ r ! fff I i0W ? Q e L 1 t ` 244' r Y• tiro" 10' Tnxiwnv - lo 4 N, I. I r ~~6 1. r 1pxIWAY~MT 1 ~7 U yyr rS1 ~~rly ` II c~ ~ x !61 ~C) t rry .r+'a `•x?Yr . y 'P 7 \ Lo e", jc 11>rf 1 \ 44'' ro \ f r, y'1 0 q s, j~ r Fyyn ~ya,~ > ~ ~ ~ ' 1 y , hu ~ 1 IlAP SAS TA%IWAY l ' \ r~:vc4A~s LC0'f9.lVn4 ~ p a1 s7~ 1 , ' I. h \ 1 1< Itr`y 1 ~ M PROP N I pTY C.41I'. J ~1!L1l Yn; tv .'rF wMtt .iy C Yt=,~~ r 1 ~Y { i Y i To: King Cole From: Bill Bryant Subject: Financing City of Denton's portion of airport coat, Date: April 29, 1976 f The City of Denton could finance the amount of $552,012,50 f either through the sale of General` Obligation Bonds and/or the issuance of Certificate of Obligations. Both are tax 'obligation instruments, General Obligation Bonds would have to be approved ! by the tax payers whereas Certificate of Obligations can be issued ' without consultation with the voters or the taxpayers. l Using the assessed valuation of $127,709,033 (our estimate for 1976 tax roll),we realize 1G for each $12,770.90. { As we estimate it will take $57,961,28 to retire the high year principle and interest payment, we reach the conclusion that it would take a tax increase of 4.538 or 5p to finance the city contribution of $552,012.50, s j Y am attaching excerpts from a speech delivered by Alex c Bixley,,City Attorney of Dallas, to finance officers •cegarding the Certificate of Obligation act of 1971, r r 3 { 4 q