HomeMy WebLinkAbout12-12-78
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CITY OY Dl'tvAN CITY COTAICIL
bk~CM"•li~ri:R I21 1978 p~
Special Called Meeting of the CiLy of D011L611 City Council, Tuesday, Accembet' 12, t
1918 at 5130 p.m. An tha Council Chamber of the Mnniol.pal Buildings
t1 ) I
$~1 ✓1. Consider Lone :tar Can Compony's application for rata in-reaso. {
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~1. Consid^r an otditlanco banvassing Docnrnhrr 5, 1975 Roml Fl.cction.
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3. Consid-• k disF'oyition of City-owned aircraft.
Consider Itz:truaS,n1 the City 'lttarn:-y r,n oteps to be taken in the Trant;iam v.
Holt la;avit. !
Conside.ir auth ri::inq the Mayor to sign a railroad crossing 11cen.+o to croen
the MKT' tracks er. Maynlll Road with a 12" water line. I
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VA. Q-20. Consider reco-mvndation r,f L.ho Planning ant Toning Commission to quit. +
olaim a portion c.: Lhe utility easament• at 1103 Mr,wood. I
Consider fha rec,,,.55t
~ of the Denton Nigh School principal to approve the landing
E of a U.S. Mmir,n ?.elic•opter in an open r:i>aro near tho Denton ll.igh Schcml on
January 27, 1971.
i V8. Conarider a
pproval of the 1978 tax rail aptd nuthoriVo the Heyar to sign.
j JIJIfYf uSbil; U P S. CITY C(X1NCii. AND CATV ADVI$(VY EOARD
710 r.M:.
' 1. Paulo hearing to rec>it:e presentatignu fzosn Golden Triangle Cownunications
and North Texas hie Cotmminicatiohra, Inc. and to receive cotimanta from c.iti,-
rens interested iv Cahlo television.
LJ 2. Rvemitivd Eta►ic:'. t
A. Cons.iuzr cen vzCt with cable compat,y, l
3. Rooeivc a reset-er.8atinn from tho CMV Advisory hoard on the M(l' 11101) of
h cablo opotator for thr City of Denton.
4. Considts scrlectinl ol,,-rator for cable television franuhiho in ilia Cit.' of
Denton ; d 'naLEu,; City Alaornoy on prepae.ttion of £ranclliue ngrrem,~nt.
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!J!?t~diJii^rC!'; I ANVASS FI4( if )~~f; 1;f1 7U;d f 3 3'L:..i.' }
'Jiff] S`i'A'l'F OV TEXAS
COUNTY OC' I:r.NON
CITY OF DrNTOtJ
WHEr:EAS, the City Cou:lcil of f3aid city ordered rill eleclaon
to be held in Said City on r1FrCM-1BF;)t 5, 1978, on the PROPOSITION
hcrolrtaftc:r stated; and
1111EP ;AS, Said City Council has inveatigate(l all mattern
pertaining to said election, including the orderInU, giving
notice, officers, holding, and making returns of said election;
and
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t'MFREAS, the election office+rs whn held said election have
duly maa-- the returns of the result thereof, and said roturns
hivo been duly delivered to this City Council; and
WHERr,S, it is hereby officially found Lind detorm.ineds that
a case o: en:srgency or urgent publio necessity exists which re- ~
quires tine holding of the meeting at which this ordinance in
passed, such e:n~-rgency or -argent public necessity being that the
proceeds from the sale of the proposed bonds are required as soon i'
as possible and without delay for l:ecessary and urgently needed
public improvenetfts, and that Said nteoting wag open to the public,
and public notice of the time, place, and purpose of said mcet.ing
was given, all as required by Vernon's Ann. C:v. 3t. Article
6252-17,
THE. COUNCIL OF TU CITY or DENTON 11EPEDy ORDAINS:
1. ;hat the City Council officially finds and determiner,
that Said, election was duly ordered, that proper notice of said
clc-ction was duly given, that proper election officers were duly
appointeki~,rlor to said election, that Said election was duly held
that due returns of the result of said election have been made and
delivered, and that the City Council has duly canvassed aaid re-
turns, all in accordance with law and the Ordinance calling Said
band election.
2., That tho City Council officially finds and determines
than the following votos were cast at said election, on the sub-
mittad PROPOSITION, by the resident, qualif.i.ed electors of said
City who voted at the election: ~
PROPOSITION
Voi,jx; roR THP ISSUANCE: OF $t, 000,00
5 k V')71:5: AGAINST ) OF FINE ARTS CE THR BOT.DS
3. .'hat the City Council officially finds, determineml and
dnclaret~ tho.result of said election to be that the PROPOSITION
so subtlitted has not received a favorable majority vote in all
ronptets Epd has riot rarric+:l, and that the bonds voted therounder
may not be issued in accordance with law.
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Gi'17E , ICr (71 .Vi 3[ f, Bfl)_N~, L ~ U', r! 1 J5
THE' STA'I E OP ' E A"a
COUNTY OF Dr,!ITOi!
j CITY OF NNTON : WWI
M i 9ie, the undersiune:d officcrs of said City, ht,r^_b certify '
as fu?lows:
1. The City Council of said City convened in
tIUUTXNG OU THE DAY OF DEP;E!13M 19781
at the i:uri ci; c.1 3uildin<
d (Cfi:f and the roll wan ca11e<:
of L^. r;uly co;iwtituted officers and nlembors of said City
Council, to-wit:
Brooks Holt, City Se-rotary Joe Mitchell, Mayor
j B i I I Nash Di.ch Stewart
Dlinor Hullos Mary Claude Gay {
and a_l. of s.=.i_1 persons wore present, except the following
abse~~.~s: _ i
thus consLztutin a: quorum. Slhereupa'n, almong other Utisaness,
the followin ,ass transacted at _:,Aid Meeting: a written I
GRDI. y CANVASSING BOND ELECTION RETUR14S I
was Quly irlt ,.reed fur thn consideration of said City council
and rrai it F 11. It was then duly :roved and seconded that E
J said Ordinance b-2 passed) and, after duo discussion, said ma-
ti,-n, trith it the passage of said Ordinance, prevail-
ed and carri._a by the following vote: {
MES: r.il ).embers of said City Cournci-
1 sh*wn present above voted "Aye",.
NOES: ,ono. {
2. Thn a true, full, and correct copy of the aforesaid
Ordinance: p rd at the Meeting described in thn above and fora-
going parG~ra~,, is attached to and follows this Cer.ificatet
that sai:' Or~.'4nt..ce has been duly recorded in sAid City Council's ~
E minutes of fr.id Ve•atingt that the above and foregoing paragl:aph
is a true, full, e.nd correct excerpt from said City council's
f minutes of : l:ezting perLaining to the passage of said Ordi-
If nonce; that the p,-.:sons named in the above And foregoinc; pare-
graph are the Cuiy chosen, qualified, ai:d actingg officers and
members of sain city Council as indicated theroin.* that each of
the officers ar,d members of said City Council was duly and suffi-
ciently notiii,_d officially a(id persorally, in advance,, of tho
time, place, and purpose of the aforesaid Ma~,ttng, and that said
Ordinance )cold to intrcduced and considered for passage at said
Meeting, an ,.I e;.vh of said officers and )members consented, in ad-
vance, to.th,? holding of said Meeting for such purposet and that
said "eatirg waz open to the public, .:nd public. notice of the ,
tirnE, ;lace, ar,d purpose of said meeting was given, all as re-
quir~r,3 :y Vofnon's Ann. Civ. 5t. Article 6252-17. I
That the mayor of said City has approve3, and hereby
approt,es, the aforesaid Ordinantat that the Mayor anr] the City
Secr=card of said City havt_, duly signed said Ordinancet and
that t`vb Mayor and the City Secretary of said City hereby do-
CIO--re that Lnoir signing of this Certificate shall constitute
thu lgning o>t the attachhd and following coley of said Ordinance
for all purposos.
SIGHED AND MUD the day of Dacehober,, 1970•
I
5ecrertry Mayor
(SEAL) - - - - - - - - - - - - - - - - - - - - . - -
Woo the undersi,fr.ad, being respectively thva Ci.Ly Att,)r:ney 1
end the Bond Atturn ys of the city of Donton, TmN s, hare6y cur.. 1
tify th.it: wo profrzzc,tl and opprov:! t an to looLilit.y tho 7ttac'hcd
er,d f.o.l,lowinq Orlin nc el prior to its pas t.ja as afore. id. {
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CITY OT DENTON
MBMORANDW
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TO$ Chris Hartung, City Manager
FF MI King Cole, Assistant City Manager
DATEI DGcembbr 8, 1979
gVl,7aCT~ aids of Bale of City-owned Aircraft
We have received eleven bids on the sale of the City-owned aircraft. The
high bid was made by David Marks of Arlee, Montane for $24,151.00. Our Purchas-
ing Agent, John Karshallr has talked to Mr. Marks and he intends to pick the
airplane up soon after the Council takes action. The Council doss, of course,
still have the option of rejecting all bide and disposing of the aircraft in
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soar other runner.
one ssall problem has arisen on the tale of the aircraft. We advertised
{ fir saletho aircraft, a spare engine and a spars propeller. We have since
been notified by the U.S Government Property Office that the spare propeller
was not eligible for's11e0 so i vouio roor,,ntnd that the City Council authorise
i the City Manager to negotiate with Mr. Marks for a rad•.ztion in the bid to coa-
pensate for the loss of the spare propeller.
AM- 1%
XIIiO CO].K ,
Kc/ie
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CITY OV DENTON
MEMORANDUM
TO: King Cole, Assistant City Manager
FROM: John 0, Maxwell, Civil Defense Director
DATE: October 17, 1978
SU13JECT: Data on Civil Defense Aircraft
1, Use'of the aircraft during the last two years,
x, Once the aircraft was used to take aerial pho~t;s for Community
Development of Industrial Park sites for Cha,r~ber of Commerco
brochure,
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b,. Once the aircraft was used for aerial photos of Sanitary Landfill !
and proposed sites, 1
c. Flew Johnny Guest, County Attorney Investigator, for aerial
a photos of crime sites and surveillance over a pop'testival,
d, Proficiency flying of pilots that would be used In Civil Defense
emergency,
j S. The following pilots are currently authorleed to fly th, aircraft by
Civil Defense: '
Li k John 0, Maxwell Civil Defense Director
Raymond Carlson Police Officer
Robert Morrison Fireman
James Addington Airline Pilot & Certified Flight
Instructor
Jim Addington is also a member of CAP but has only
flown three times in the last two years, basically, to
give the other pilots their biennial flight check required
by FAA,
8, CAP use.
e, There is only one member of CAI? presently eligible to fly the
aircraft by CAP regulations, !
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b, CAP regulations prohibited members from flying [ft the nircrnft i
in their capacity as Civil Air Patrol members duo to the fact
that the nircrnft had no Airworthlness Corliftente, I
ea Some members of Civil Air Patrol used Wily the nirern(t As
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~~~'MY bV9.x1M' 1'
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' M 'King Cole
October 17, 1978
Page Two
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Civil Defense support pilots, but this was not recognized by the
j Civil Air Patrol organization, Again, this was because thore J
was no Airworthiness Certificate and they could not meet the 1
flying requirements as listed below,
d, The Civil Air Patrol Regulations governing the requirements for
being able to fly (1,e Beaver are;
750 hours total flying time
300 hours to tail dragging typo aircraft
20 hours in this aircraft before checkout
f as Our Insurance will not cover the CAP in the aircraft for it re-
quires each pilot flying the aircraft to have at least 100 hours i
flying time In this type ntreraft, and they'havo no Insuranco.
They have only one pilot that possibly meets this requirement,
C Texas Civil Defense has formed a non-profit organization of pilots
in various parts of the State of Texas to support Police, Pire, and
Civil Defense any place In the state during disaster situations,
This to a new organization and, as soon am f recetve a'charter, f I
will form a unit here which would use the Deaver; this could he done
in the next month,
5. All funds for insurance, maintenance, and fuel for the Beaver have
been donated by the pilots that fly It, No city or county funds have
been used on this atrcrafE except for the original $200,00 used to
acquire It.
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cfryot DENTON, TEXAS MUNICIPAL 8UILDiNG / DENTON, TEXAS 76201 / TELEPHONE (8 U) 332- 9601
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MEMORANDUM
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70: Jack Owen
FROM: Rick Svehla
j i DATE: December 1978 i I
RE: Pipe line license for crossing the Missouri-Kansas-Texas Railroad
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Attached is a copy of the license that the mayor must sign to allow for the
extension for the 12" waterline along Mayhlll Road. This is the line for
the Andrew Corporation that the Council approved at its December 5th meeting. i
We have reviewed the forms and can see no problems. The City Attorney has
I also reviewed the license and has agreed that it is standard in form and y
content. The council action required would be to authorize the mayor to 1
sign the agreement.
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DEPARTMENT Of COMMUNITY OEVELOPMFNT
~•,yes,(.~t~,9~;~r~ti'1A74~11!'aM'~''i~',k.`at~t3rd..tn'. ...yt E e,.,. x r .~G:{we a a... e., ...v. n..r,.. N ...I
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PIPE LINE LICENSE
'I IIIS AGRLEAIENT Ihi.L,-27th -day of _ _ )loV4trb9r 14. 76
bel"'cen the AtISSOURI•KANSA` "(FXAS RAILROAD C't7AIl'ANY, hereinafter called "Licensor", and
hereinafter called "L.iceme:"•
IVfTT\FiSSfali;
ARTICLE 1•
i 1t,'fcrm:,rhii,rgreemtntslwlita),ceffee the date hereof, and unlesssoehcrlerminatcdosprovided herein, shall continue
In force so lung as used for the purpo<e herth f:t out tseu~rtstaJ~sf~> i373)ybA ~r}i~Tltidli~F2i unlit terminated byy tither party
giving the o:her party not less than thitty 00) dnya advent: notice In t+ritingofan Intention to lerminatethe same, thr vgreement
to tcrrninnleu)an the notice.
2. Condderstion and Descriptinn: In consideration or_ A Gib!', ,l Y1 T', oic
Y.-rIVI: 1LLiJ NO/100 _______.•....__w-.....
rectipt of whirh Is hereby a6nwsledged, and of the covenants of Licensee as hcrel nafterstt rot th, Licensor hereby grantsa liccnsc
and perail,sion to F.iecnset to construct, rccon,siruct, use, maintain, o crate, re air and In.%I II b boo n l
Lur3 lYe p 12 Y X mtthod,
02 1
_pipe liner(s) cn, a+ed in a airier pipe 1101 exceed inp~ _ . ) inches in diameter, to be
6scdforcarrying- t13►or_ _ j
across or
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along licenser's property at or n,ar__ Cor atth in the Count of
of._ y -end Stale
Eor cnaweniencc, the rnld pipe line is hereinafter referred to as "Crossing", The locatEon of said
Crossing is more particularly dcacribtd aw follows:
1
Said tNalva (12'x) inch wator pi),va lino
croataes raid 12ailroa,3 Company's prep des at
an angle of 71 clogreas, more or 1asa, me-asurod
to the right, riorthwastorly, front the conter-
line of said Railroad Comprttt,.yl s Denton Subdi-
vision vain t.-rack at Mile Post H-725.25, being
main track valuation Chaining Station 1734+40,
6inLant 35 foot, more or 1003, measured South-
Orly along tho crntorlino cf suit? ,rain traok
front t %e can orlins of tlay 11111 goad at chain-
ing Station 1734+65, b.p.T. 14o, 414 687 11.
t Said -ipa iids is within the livita of a public
cros3.irg.
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AR71(.Lh; 11.
Licensee undertakes and agrees; o'clil Assoclatiros%i ON I'pirl 5,rVft-l ncs.ni'hesCrossing hall he Ia 1 rindlinninl dln d atethe soleiorl~
cost of Li ttnsce, and nVinocring
tsith
maivrLtl salisfactnry' to f.icensor's Chief Lngincer, g with its top of least five and onohall{S h~ feet beneath the base of the randu O% r
Ihu trick', and tit least th rec (3) feet t. With Itlc ground ctsr,ican , soit will not interrerewith the LIN oppera tioric4ald
railroad orcause dauage to l.icrmor'xpropcrty. Sold pipe hie shall be cnc:lsed in a larger pipe Ahare itpasscsundcrntiy railroad
j track, and for at La t+cenq•-five (25) feel on each side of the center line of any such track. , make Afl'rctotllicrclhyppun>~nttoe case or otherpermsslongrantedbynlnrmorhsoAny
tl+atLi enscce'ssaldCrossi giAillynottun+reasonaibly
interfere with the use of the suhjrcl property, or create undue hard.hfp on the person or legal entity occupying tllepremises.
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3. 1.Iabihtyr Liceroar shall not be liable for in), damage Iosald Cross ins or the con ten 13 there:, hr,,vsoevcrsuch damage
shall be caused, whether by the negtigencc of idccnsor, its agents, employees, or othertvEse.
nnaccountiofinjur)5toordr~athiofanyandallppantnsotd nrtglciopropoty,aEn¢lludinglieslockkilledor ristoilresu2tinyforo
orfnciOvialIutheeo~.•rcctinn main temuce.use,operation, relocation, reconstruct ion or existence ofsatdCrossing on1,14ensor's
prcmives, or the rein,;u th;leof frrr, so'd premises, or to the restoration of or failure to restore sold prcrnises to their prior or
orhrr CUnditiun as fcr"n l rtn:d d nr; r.ich injury, death or djIjIjr1 511all b: t'U a9C'J UT COrAribated to t y the negligenec of
licensor. its ogcnls, employees or othrr+visr, and Licensee will protect, indemnify and hold harmless Licensor and any others
Iclstllyus(ugitsright ofway,fromANC.aims,dernands,suitsoraclionsgrowingoutofanysuchloss,in'u yor demands, including
esdltargon rods, court costs, and attorneys' fees resulting or in any manner ails{n(t from
lm the risks herei,t assumed by 1.icensre.
I lccnsce further agrees to immediately imestigate tiny such claims, demands, or suits and shall defend, settle, and/or otherwise
dispose of the same at its sole cast and esprnsc. In thecvrnt Licensee srulrs any such ,alias, demands, orsuiis, (t shall nbtain a
rciravc tlhich includes Lcensor.
Licensee shall nothatcerrnakeaalrimLicenroranyclaim ordemAndfororonaccount ofan damage Licensee may
gg y
suffer or sustain I>ccau+e of a nv fnihse of Lieensor's title to the right of way And lands occupied by sold Crossing or any part
r tharcof,
4.WO tifTo waiveall rlghtlaqu4milonthe Validity of this l.iccmwor any of the terms orprotlslonshcrtof,ortheright
or power of licensor to execute arse .nforct the some,
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ARTICLE 11L
It is mutually agreed by and between the parties, as follows;
1,(a) Repairs ant) Rrlocat:vn: Licensee will at All times mal:,la{ .e Crossing in a safe and secure lnanncr, And in a
condition salis!lactorytoIIrensor Licensor ma rcgtieslLicensee tnchangethrlocatlonoflheCrossin ,eran
make reason,.ba repairs as In the jud1srement of Licensor shall be dt,cmed accessary to nvold Interference with ordangerrIn the use
or operation of Licensoes railrvad, o any of its present or future appurtenances, or Iclrl(r iph, telephone, signal or other lion on
LECCnsar'6 ript of way, and in the evrrt iris found nccessag for Licensor to use itsrntireright ofway,ortiny portion of it necuplcd
by the Crisslnl,Licrnseexhallalirsu,l expense,nndsskhenthirty(3U)daysafter notice sotodo,(orup,inshorter nolicelncaseof
rniergciicy), remove said C'r osimg. or as much of Ilse Crossing as is IocAted upon that portion of the right of way to required by
Licensor.
(b) If Licensee shall fail to petrorin ally of its obligations contained in this agreement to the malli%nanea of safe
Ctrnclltlnn/lnandnbout!;aldC'rn nngorastotheprotectionofvviresfromelectricalEnterferrnceonLieettror's rroperly or to make
Any nvecooty repatri, or to relocate sai'J Crossing, then licensor may muse such condil Ion lobe made safe archange of location
to be m lie, or repairs to he r lair nr C'rasaing to ha removed from LEccnsor's rapers , Licensor acting ns the agent of Licenser,
and may perform such work as is necessary !n thejudgernenl of licensor, and i,+C.n. ec shall, on demand, promptly reimburse f
I iccnsur the w hot" rust thereof, plus ten (109i) per cent ihercnn ns a charge for suprrvlsion, necqunttng, and use of tools: or
I,ic.:nsormay, lcrmir,arcihisLiccfascbygiving to .Icenscenotleis than ten(10)days'advan:ewrmennaiceofitsIntention toto
t do.
2, 1 ernrh,adbn: Licensor n,ay terminate this Liccuse upon left (10) days' written notice if Licensee falls to kcepn fly of
I ieensl %'s CO$CVJ tits h rein contained, or if the ril;ht or vi-ay is rcgqtired for other purposes by Licensor, and no reimbutscmenr
IhJll he rriadc for Liccr,scr's cxrenses incurred in the rcrttoral of this crossing or the consideration paid for this L.icenxe, No
tcrininntial or expirolicn shall affect the rights:ind liabilities, if any, cf the parties herelu thra cxlsliny.
3. IlWnratiom L•pan the termination of Ihis ngrecritcni, whether in accordance with the provisions of PAregraph I of
su sc, riweahatt
Awrayti, cle tit c or rc4oI aro ra ra w idlh 2ightor o` 4 w' of y l Ars itsticle pri illor or conditiothcron, orl oc
to a arndilionrrum Ii alisfartorery to mote (.icensaid Csor, if H ros%ln ee fronsec m shall rail LicensorI'sn rrt emht ov or
sold ( rossln g within therl) 10 do ys it ter file termination of this A reevicia, idcensor may remove the saute, and charge the
expense Ihercfor to the I iuriwc on the Kids provided in Parrgrapfli I(b) of Article III,
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{ 4. Miseellanevus: (x) Ibis Idccnso and al I of the provisions herein contained shall be binding upon the pieties hereto,
r their heirs, cxccutors, a IminIstrators, successors rod assigns, and LIcenscc ogtcas uI supply notice in writint{ to Licensor Of any
uaonochnngo. IActnsccgIccsnot to assign this License orany in Icicst therein, without the consent of I,icensorIn -A rW,ng,and any
and every such al tempted assignment Without such prior Written consent shill be void and of no effect. In the event O r a ny
as0gnmmnt,I1ccnsceshaIf aIaIf IimesrernaIn fully roponsiblcand Iiablefort hrpaymerrtoft he IcntaI,if any, he rein spc6fiednnd t
for the compliance of all of its odor obligat'nns under the terms, provisions, and covenants of this I iccnse,
(b) fn thcvvertt rent is paid annually. I,Iccnqor express]), ccicrAcs the right to1nc,rcasct1icabovcrcr%IaI ratconnnyycarly
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annivcrsoq'd,WofIhisliccnsebygivin~ LicensreIhIrty(30)days'writtcnno Iice. LiccnsorntayIn creasot he ton IaIby the
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percentage that the Consutncr Price Index has Increased, published by the Department of I.ahor, since the last rental t
increase period, or the Iasi anniversary date hereof.
(c) I lie pers.+nal pronouns used hcrcin as referring to Liccnsce shall be tmder.tond so to refer to f.icen,s" whether
Licensee be a natural person, a partnership, or a corporation, or any combination thereof. j
(d) Any novice hcrcin rcytiireJ to be f:ivcn by licensor in Liccnsce shall be deemed propcrly given it served upon at
delivered to Liam,^e of his authorized agent, or if posted on or if mailed, postpaid, addressed to Licen.uo at III%Iasi
known place of business.
(c) No oral promises, oral agreements, or oral warranties shall be dccmcd a part of this E.lc<nse,norshall anyalicretion,
amendment,supp!ca:nt,oraaiverofanyortheprovisionsofthislicenscbebindingu oncithtrpart hereto unicsslhe
same be supp'ementcd, altered, changed, or amended by an Insirunutd in writing, signed by Licensor and Liccnsce,
(0 This Hccnse does not become binding upon Llccnsot until executed by Licensor's vice-president.
IN M'IfNf.SS WHIKI OF, the parties herein have executed ibis agrecmentasof the day and)'earfirstobovewritten,
MISSOURI-KANSAS•7'rXAS RAILROAD COMPANY
fly _
Vice-President
Tht+ CT"~°X bf~ 1.
- - A515°.At1Mt-ICA\~ t4'F:,kA5 i hl + ~)tYi:+ C:+ fly Y _
'fide t?2tYOt
AI Ijl' JEb/ l.i r%f , Address'
r3 v ! 2i5 RaSt t,chihtley
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COUNCIL AGENDA ITEM N 12/12/78
SUBJECT; Q-20. Requested quitclaim of a portion of a itility easement
at 803 Linwood,
r SUMMARY At your meeting on November 219 1918, the City Council considered
and approved release of a waiter of a portion of a utility.ease-
ment at 803 Linwood. The lending institution involved in making
a ,Mew mortgage on this house has concluded that release of a
waiver does not r"et its requirements and, thus, will require
quitclaim of this 3.2 foot portion of the easement over which
I the house extends. The Utility Department has reviewed this sit-
uation and determined that the water line located in the te-, foot
j i ! easement Is no. sited under the existing residence. It is the
position of the Utility Department that the 3.21 x 34.21 portion
ro, , of the easement over which the house protrudes can be quitclaimed
to the property owner without the loss of adequate maintenance
capability.
ACTION REQUIRED:
I
t City Council approval of the requested quitclaim.
ALTERNATIVES:
II! Continued retention of the entire 101 utility easement, in which
case it is unlikely a conventional mortgage would be'approved 'for
the sale of this property.'
f RECOMMENDATION:
E
The Planning Commission considered this quitclaim. request and
unanimously recommended the City quitclaim this 3.21 x 34.21
portion of the utility easement at 803 Linwood.
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Q_20. Utility easement requested f~1
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