HomeMy WebLinkAbout08-28-1979
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AGENDA
CITY OF DENTON CITY COUNCIL
August 28, 1979
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Special Called Joint Meeting of the City of Denton City Council
and the Airport Advisory Board, and a Special Called Meeting of
the Cityy of Denton City Council Tuesday, August 28, 1979 at
4 7,00 P.M. in the Council Chambers of the Municipal Building.
JOINT MEETING OF THE CITY COUNCIL AND THE
1. Consider all aspects of the Municipal Airport, including
the re-negotiated contract with Aerosmith Denton Corporation.
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MEETING OF THE CITY COUNCIL
1. Consider a report from the Charter Revision Committee
relative to proposed Charter Amendments, }
2. Consider a report by Alexander Grant Co. concerning utility
transfers.
3. Consider implementation of "Truth in Taxation" procedures.
4. Consider an ordinance amending the zoning ma by amending
Ordinance 78-8, Section 1, No 1 to permit 116 units on ,
5.8 acres of land out of Lot 20, Block 136-B on the request
of Robert Horn. (Village, Phase III)
5. Consider the final subdivision plat of the Village. Phase 111.
6. Consider instituting annexation proceedings on a 314 acre
tract located on the north aide of Highway 77 between
Bonnie Brae and Riney Road and zoning the property Light
Industrial (LI).
p 7. Consider encouraging the development of a community long
range planning committee.
8. Consider authorizing the Ctty Manager to sign a contract
renewing our agreement with the Professional Appraisal
Co., Inc. for tax appraisals.
9. Consider a recommendation from the City Manager's Office
concerning computer services.
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City Council AAggenda
August 28, 1979
Page Two
10. Executive Session
A. Legal
t B. Real Estate
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C. Personnel
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D. Board Appointments
11. Consider Board Appointments
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Proposed
1 Airport Agreement
as reconmended by
Airport Advisory Board and
Aerosmith Denton Corporation
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Councilman's Marked Copy
Notes:
r 1. The general format, by agreement, follows the 1975 contract.
2. The shaded areas represent departures from the 1975 contract
which are intended j
' a to incorporate the 1114 points" agreed to and l
I ~b; remedy what are perceived to be areas of ambiguity in
r the 1975 contract.
3. Changes in section numbers are caused by the deletion of entire
l section IV of the 1975 contract since it is no longer applicable,
4. A reservation in the metes and bounds description of the leased
property in the 1975 contract hea been deleted as it is no
longer applicable. w
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THE STATE OF TEXAS
COUNTY OF DENTON I AIRPORT AORE[MENT i
This Agreement, made and entered Into at Canton, Texas, this
;?1 the _ day of A, 0. 19y9. by and between the City of
Penton, Texas, a Municipal Corporation, of the County of Denton,
State of Texas, hereinafter for Convanienee sometimes strlae
and Aerosvith Denton Corporation, A Texas Corporation,
~i hereinafter for convenience sometimes stvle~~alm-11 with
reference to the Denton Municipal Airport, hereinafter for
convenience sometimes styled "Airport"1
9 MESSETH1
el The partial hereto for and in consideration of the renti,
t!I Commissions, Covenants and agreamentt contained herein mutually
i agree as followil
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PREMISES
{ City does hereby devise and let unto Aarosmith, and Aerosmith
does hereby hire and take from the City. cortain
promised And
facilities, rights, 11Ce6ees, and privttages W and fn connection
with the property and improvements of City specified it told
1 Airport, as more particularly hereinafter tit forthi
a. A. YSE 01 AIRPORT:
The use, in common with others authorned to to do, of
M laid airport and all appurtenentea, futilities, improvements,
equipment and services which have been or say horea/car be
t provided thereat, such use without Ilmitlof the generality hereof,
to include the following rights, licenses, 404 priviiigesl
The operation of a transportation system by aircraft, the
repairfne, maintalnfng, COnditioning, Ideviting, perking or
storage of aircraft or other equipments the training of personnel
and the totting of airerAft And other equlpmentl the sole,
n. +n rrrosP.News•.~•a.~.r
a
disposal or exchange of aircraft, engines, accessories, and ~
related equipment; the tervlCing by Aarosmith or others of
A aircraft and other equipment, tncluding the right to install and
maintain on said airport adequate storage facilities, and
appurtenances, including right of way necessary therefor: the
landing, taking off, parkin,, loading, and unloading of aircraft
and other equipment; the right to load and unload persons,
, IIr Property and mail at said airport, by such mains is Aerosmith may
desire, with the right to designate the carriers who shall
I~! transport Aerosmlth'S passengers and their baggage to and from the
1 airport, and, also, the further right to faslgnate "Id Carriers
1 who shall transport Aerosmlth's airborne frsfght, it shy, to- and
from the said airporti the right to install and operate
p advertising signs, the general type and design of such signs to be
s#; reasonable and approprtatel the right, but not the duty or
obligation, to install. maintain ani operate radio,
k communlcattons, meteorological Ind aerial nnvigations, and such
' other similar equipment snd facilities to, on or about the
premises herein teased, as hay be necessary or toevenfant for
Aerosmlth's operations: the Cdndutt of any Other business or
operations raasonibly necessary to the Prater, necessary and
Appropriate tonduCt and operation by Aerdsmith of its business,
1. SPACE [N ADMfe[STIAtIGN IU[L [N/
subject to city's right of rasa at el At
herelnaftme
ardvideo, City affords to Aarosmfth the sole sot of sufficient
$PAC# in the Administration lutldlng now located on said airport,
but in no event to exceed fifty (501) percent of the whota Arta
:hereof, for such use is Aerotmlth May desire to malts thereof,
r compatible with the nature and intent of those presents; the use,
In common with others, of all public space in the Admintstratfoo
t /uilding,
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C.
PAARIN6 SPAC[
The use by Aerotmlth, its employees, Customers, suppliers
and Other Iiconseas, or invitees, w1:.Iout Charge, If an adequate
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PADt t
designated vehicular parking space located as near as possible to
the Administration Building,
D. LEASED GROUND SPACE
The sale use of that certain ground space, together with
all improvements now located thereon and which may hersofter be
added thereto, lying and being situated an said airport, for such
uses as Aerosmith may desire to make thereof, compatible with the
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purposes and intent hereof, the tame being more particularly set
!!!"""I forth and described as follows:
1101MMINO at a point in the north property 1104 of a
tract of 1104 out Of the Thomas Toby Survey,
i Abstract No. 1285 and We. Neill Survs(S Abstract No.
9101 Denton County, Tetras, said trot being in the
j mate of F. Orson and described bn Volume 121,
Page 183 of the Deed Records of anton County,
Teats. Said pol:it being the northwest corner of
' f said tract and eiso being in the south time of F.M.
} Road 15158
THENCE west with the south 11ne of F,K. Road 1515 a
dtltante of $50 feet to a point far a corners
THENCE north a distance of 1000 feat to a point for
a cornorl
THENCE west a distance of 820 feet to a point for a
cormarl J
THENCE south a distance of 1600 feet to t point for
a Corners
THENCE list t distance of 1144 feet, more or lees
to a point for a corner, said point being the most {
} westerly southwest corner of the sold Orion Trattl
THENCE northerly with the west tine of said been
Trott t distance of 500 feet to the place of
beginning.
1. LIGHT Of_ACCESS,_INGRESS_ANOE6RESStOf_ACCESS._INGRESS ANDE6RESSt
The full and unrestricted access and ingress to and
1~-J1 egress from the promisee for all purposes contemplated by this
agreement.
F. AEROSMISHAGREES.
(I} To Indemnify the City agolnst such toilet in
connection with Aerosmlth'i operations hereunder at can be
funded from 440osdlth's purchase of a stsodard liability
sl
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insurance polity in An amount not lest than $100,000 for Bath
person; 3300,000 for each occurrence, and $100,000 for property
i damage;
(t) To comply with all current and future taws and
ordinancos and all regulations of federal, state, County or
k city airport author'tles and/or agencies, and pay all taxes,
and the cost of licantes and permits necessary for Its
' operations, hereundarl
I (3) To keep adequate records of income and expense and
q II make such records reasonably available, upon requests to the
bl Director of Finance, City of Oenton, TeaAst
t (4) To conduct Its bustness and mahagement In a
courteous and efficient canner;
q (S) To provide service on a nnn•dlserlminatory boost
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(d) To provide tie-down service to overnight or other
1 transient aircraft or aircraft remaining At the airport for
twenty-four (24) hours or leesi
(f) To maintain normal and customary airport (orVICAs
during daylight hours, and min the unlcom apparatus whenever
reasonably necessary.
(e) To provide janitorial service to the Airport
Administration lulldingi
l41 To be resoatisl4le for mnwlno an4 dlsoosttfan of
weeds, grass an L4 Aer YAeelttlen le. wall as cA. eLaalee aed
maintenance within those areas herein _1aeead by etty to
Aerosmith unless the tooe be herein soacl_fltally deatAnetod st
the reeoans1bi11ty Of .City.
(10) to operate a flight school And have at least one
Imitable airplane for training and rental purpoaosi
(it) To operate and maintain a new aircraft deatarahip
or subdealershlp or distributorship on this Alrportl
(191 to operate And maintain an A/c and ale Angina {
repair shop, including Amployment of an A A F license aircraft
mernlnltl
PAOt 4
1 ....,...N Uw~waervwa.!Wrrtea v-rean.w.nws..aw..rom
insurance policy in an amount not less than $100,000 for each
personl $300,000 for each occurrence, and $100,000 for property
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daeagel
(2) To comply with 111 current and future laws and
ordinances and all requlitlons of federal, state, county or
city airport authorities and/or agencies, end pay all teats,
And the cost of licenses and permits necessary for Its
i operations, hereundert
(3) To kelp adequatt records of income and expense and
mete such records reasonably available, upon request, to the
Director of finance, City of Denton, Tesasl
I' (e) To Conduct its business and management in a
k courteous And efficient mannert
(1) to provide service on a non•disertminatory bastsl
I III
(6) To provide tie-down Service to overnight or other
s transient aircraft or alecraft remaining at the airport for
pg twanly•four (24) tours or lesel
Iff (y} To maintain normal and tustomaey airport services
during daylight hours, and sin the unitom apparatus whenever
roasanebiy necessary.
~I (1) To provide $ldltorial tievito to the Airport
` Adminiitration /uilding►
(01 to be rasoonsibit for movina and disoosltfen of
ww, dries en Oahe veaetatioA as wall a■ eh. etelue
oalntenance Within theft area a 1= 1L= eitv~
Aerosmlth unless the ease be herein spaelficalli desloneted at
CAI resooneib111ty of Clty.
` (10) To operate a flight school and have at toast one
y suitable airplane for training and tints$ purposeil
s (11) to operate and saintiln a new aircraft dealership
or subdealtrshtp or diatrlbutdrthip an this airportl
(12) To operate and maintain in A/C and alt engine
{ repair shop, including employment of an A E P license sletrift
mechaniel
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insurance policy In an amount not lets thin $100,000 for each
' perianl $700,000 for each occurrence, and 1100,000 for property i
damages
(2) To comply with all current and future lays and
ordinances and all regulations of federal, state, county ar
city airport authorities and/or agencies, and pay all taxes,
and the cost of liC4n1es and permits necessary for its
ape N !loot, herevnderl
To keep adequate records of income and eapente and
F{~~ mate such retards rzasonably available, upon request, to the
Director of flnante, City of Denton, Texasi
(4) To conduct its business and sana9ement in a
courteous and efficient eannert
tE 111{ (5) To provide service an a non-discriminatory balks
I (6) To provide tlo-down service to overnight or other
a 1I
f is transient aircraft at aircraft remaloing at the airport for
twenty-four (24) hours or Letll
(7) To salatala normal and customary airport lervltes
during daylight hours, and man the unicdm apparatus whenever
. reslonably necessary.
(5) To provide jamitorial sirvite to the Airport
~i Administration lui141091
(9) to be raloonslble for mawine and disoos~iti U MU
weeds. arast and other yeaeta~,~ well at Lhe eleinfee end
maintenance within those areas herein leased by _Ctty_ to
Atratmith unless the saAe be herein specifically ddslanated ss
the r4spoollbility Of eft-t.
F; (10) To operate a flight school and hive at least ono
t.
sultabla airplane for teaming and rental purposesl
(11) to operate and maintain a new Aircraft dWarship
or subdeatership or distributorship on this sirportt
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s (12) Tn operate and maintain an a/c and a/c engine
repair shop, including employment of An A b p license aircraft
t aechanict
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13 To make available either by tank truck, stationary
pump or other Sul tab Ia dispensing nquipment approved by the
M Flre Marshal of the City of Denton, those grades and octanes of
gasoline and other petroleum distillates normally found at
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similar airportit And all storage tanks for gasoline and other
ICI aviation fuels sha11 be Dl+cld underground In Accordance with
the provisions of the Fire Code of the City of Denton for
underground flaimable liquid storage tanks.
(14) To provide vending machines on premises for the
P` dispensing of refreshments, and to retain the revenue from sudh
t~
dew ices.
4. CITY MEM
(1) To provide and equip an Admintstfatlon Boi Wing
~l and provide on offite therein for Aerasmith In sold
Administration Building, and provide ufleoo equipeent=
(2} To Orovide %*It use of~ssectfttin hanoars shown
41 BUILDINGS number 1, 2. 2A. 3, S And o~ Eahlhit 1 attaebed
hereto and being on the property h4r4fo lilted to Aeresnlth.
(3) To maintain all concrete and asphalt runways,
taxiways and Auto and airplane parking areas on the entire
ryl Airport, including the prenttes herein leased or made available
to Aerosmith by virtue WWI
(4) Fay for all utilities for the equipment doltribed
f in itam S below and all utilities to the Admlmiltretlon
E I n, Building and wattr for maintaining the area around the
F Administration Bulldingt
~i (B) to is Int+in all runway, taAi, and or to Ifghts, and
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beacons is well as to provide all security Ilohtina antlii
t alraert if th= Clty dhm= the lattor~nAa essaryt
(d) To provide adequate insurance for the
} Administration Building and all teased hangart, And to replace
FAGS S
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or repair each In all cafes of any loss compensated by
lnsurince, within a reasonable time. /
II. I
TERM.
~y The primary tern of~this Aareemant shall be for a Dori ad of
thhirtjr (00) years, commencing on It'd date of oxecution hereof
And endingthe daImediateiy lorecaedlna the dote hereo/ to
the same month of the year 2009, unless sooner terminated as
~~r,r ~rrr~.r l
herein provided though City specifically agrees that should
er_ Alrosmith, during said thirty (30) year primary term, complete. I
lflf r.Yllrti. II~~I
t11 t1es_
aonstruatton of nor fee producing aircraft related fac
of a minimum value of Three Hundred Thousand ($700.000) Dollar4
(in 1979 dollars), City shall grant to Aerosmith the right to
extend the torn of this lease for an additional ten (10) year
period (ram the date of expiration of said primary terse,
provided Aerosmith shall In writing notify the City Manaaer of
the City of Denton, at the off fee a/ the city kanagor, of itt
intent to exercise its right of extension and provided further.
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that such notice shall be received by the office of the City
r ■ Ir..~
Manager not lees than slaty (60) days prior to the expiratton
Of the primary term it provided herein. I
' AENTAlS AND f
Alrosmith ayrnes to o+Y City, at the Munleltlal 9u11ding of
rrrr.r ,rr.rrl~.,l„rrirrrr~w r
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Denton. Texas. a bate cash rental of tight Thousand. four
Hundred (56,100.00) Collars par year, payable In monthly
( Installlms of Seven Hundred ($100.001 Collars each, for each
~J " year this lute is 1n a~fact, subject, however, to leadlusteent
a' of such baaie cash rent. either uorerds ar e~rnwar~~t~
end of each Slve year eerlod from the -dot o tto-tof._an_t
I' ~ of tha oraeertian that the then current ConsuA~j~r's price tad
Dallas/Fort Worth, Texas Standard MetrOpolltln Statistics L
Area, compiled br the U. S. 0e0srtment of Labor~lureau of
Labor Statistics bell's !o the 1979 index which
it
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la.i`1Ntr~YR'.e'>M1n 44RiY.6'm144.~'Y y~l,.ynr...A.HSV.AMa'aanyww.....«. L....
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was (1467,100); to which Possible readjustment at the
~i)d of flue Year Period both city and Aerosilth new acres.
In Addition to _the above base rental as provided, Aeros-sith
agrees to pay monthly the following(
A. Ten (10111 gertent of all hangar rente~yf f+ei ie~:
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plice as of date harlot with the further agreement that
rentAls an faeilllfea hereafter eonstrueted by A+re arsi In
i shall be neootlAted at time gf pTan +enrev±l e/ audx
facilities by Cit and
5. Three (34) cents per gallon an all Aviation fuel sold
by Aeraimith other than that purchased and used by
Aer~~mith lnd/ar its parent. ee►pgratlgn Aerosaith
Corporation or, ti (109) pertant gf A rpasilhla ernai
profit from the sale of aviation fuel (ucluding purchases
and use by Aerosmlth and/or Aerosmith Cdroaration)
f
f whichever amount shall be the preatatt. The utrtles here•P
agree that gross profit shall be the difference between the
cost of fuel, Including taxes thlrlan, and let se111ng
~ Hce.
C. A sum equal to one•twalfth (1112) of the annual cost to
City of the lnsurw o Barr Led on the fifteen thoutied
(15,000) square foot main hangar and the ten 1101 T.hanoars
~~Y~~YY/Y/IYY IaIYII~YYYYY~
Zrooanlly owned by City on the property herein,
IV,
MAINT£NANCE AND AEPA M
Afrosmlth shall be responsible~ r~ she chi
maintengnce and minor repairs of all buildings, structure, and.
premmisa i owned by City which ire on the_oraoerty Who herL
looted to Aerosmith locluding, unless the lame be reeaeturen.
the Administration /uildlna. City shall b.:~~AAJthii,for all
major roosirs and the Pirtle% do now agree that major _replirs
are 44fload is repairs r1qulred an buildings, steuctures,,And
fixtures having an upectld cite of anp_ygar or longer.. City
PAGE 7
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shall not be responsible for cleaning, maintenance. maldr or
minor repairs on property owned by Aerotmith.
Y,
ADDITIONAL CONSTRUCTION
A. Aerosmlth may at Its own cost and expense, at the need
therefor shall arise, erect or Instill at a location to be
determined by both parties hereto, at said airport, any hangar
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i or hangars, buildings or structural, fneluding storage tanks,
ar other equipment, above or underground provided Aeroselth
shall fleet submit general plans, cost ittimatel, and the
' i imposed use of such facilities to Cif for approval Prior to
implementation. It being the intent of the City to Print to
AerossitA the elght to engage in any avlatlonlairport-retated
business on the leased propertl whleh it deems proper. and which
are In keeping with the terms Iand-_eandltions in this Agreement
Contained,
`City leases said pramiaes to Aerosatth for the purpose
11 of being a general aviation operator and Aerosmith will not
sub-lute any portion of the premises without the approval of
City nor will Aerossith erect, Installs or construct on said
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premises or sub-loua any port I promises for
r y erections installation or construction of any industrial,
I commercial or retail building, or any motel, hotel, restaurant,
j private club or ber without the approval of City ano under the
F, terms and dandlttons, Incluing financial Contlderation to City,
agreed to between the parties. City shall not compete with
a~aAerdamith regarding lease of property for industrial,
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commercial or retail purposes to potential lessees solicited by
Aarosmith, 4erosmlth will notify City in writing of third
t
g` parties with which It Is negotiating.
C. If at any time during the existence of this loaf!, City
Construetl additional facilities for use of Aerosmiths the
parties will negotiate additional terns and conditions for said
facilities.
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y,,. -r' ~.u s:'.env wsrr ..rlYLKS+hM4 3.~•.Yr.r:AY:.T'rY..Fw a...r.>..r,. wsra..Y..rv rv. .a
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YI.
RULES ANO REGULATIONS
AerosmIth covenants and agrees to observe and obey all
reasonable rules and regulations which may from time to time
during the term thereof be promulgated and enacted by City or
other competent authority, provided the same are consistent
with safety and does not conflict with the rules of any rederal
agency having jurisdiction thereover, and are not inconsistent
R~ with the procedures prescribed or approved from time to time by
the federal Aviation Agency or Civil Aeronautics Board for
li operations of Aerosmith's aircraft et said airport, City +
covenants and agrees to formulate, adopt and enforce local
t-#} rules and regulations at said airport which will provide, among
other things, that scheduled transport planes, whonevor
fff , conditions of safety will permit, will be given the right of
way over other aircraft and which regulations shalt central tea
general public and traffic to as not to interfere with the
operations of Aerosmlth.
VII.
s City shall have no control whatsoever over the rates,
faro, fees, or any charges whatsoever 'that Aerosmith may
prescribe for any of its services by air of, land, to, from,
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smi through, or at said airport.
111 Ville
NEW CONSTRUCTION
All property now situated upon the tossed premises
heretofore constructed by Asrosmith and e11 oroberty har~aa..s
constructed upon the promises by Aerosmlth shall remain the
r property of Aerasmith subject to the foltowina eodditiaest
F
A. No property shell D_e_removed from the aremiaas wlahnu~
h r 11t r" consent of City,
0. All l r party and Improvements of whatever nature
remaining v,an the _leased premises upon the expiration this lease. inctuotng the extenslan thereof if the 'same be
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;ts 1~Igr'K' ~-••:.^"'^°"+~'e~w:.+wa,♦k.;1u~[i~tiA¢^4M18~r'a41.6~,w:WRYr:. noa,•ati.:.-k•e, .sx:3e•a.c.,.-.,~••.
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exercised, shell automatically thereupon become the
Rroperty of City free of any and alt encumbrances.
C. Should this lease agreement be cancelled under the
terms herito for any reason other than Aerosmith's default
in the payment of the Rentals and Fees as are provided
herein, then and in that event City shalt have the First
right and Aerosmith Corporation, the parent corporation of
Aerosmith herein, shall have the second right to purchase
I~
all buildings and structures constructed by Aercamith
Its expense. i'ae parties do now agree that the price at
which either party shall have the right to )urchese said
~r
buildings and structures shall be the fair value.thy ereofatat
time of the a erciss of such right as_ determined by in
independent appraisal by a person or firm mutually agreed
upon by the parties hereto unless, prior to the
commencement of constfuctioh City and Aerosmith shall have
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Agreed to a tchedute of depreciation on such structures and
buildings which would permit in evaluation thereof at any
point during the life of this agreement, loth City and
Aerosmith do further agree that If City does not_ ixer0ise
its eight of repurchase it provided herein and Atrosalth
corporation exercises its secondary right to repurchase
that unless within thirty (30) days from the exercise Of
s. such right Aerosmith Corporation and City thall agree t0 a
t;
new contract whereby Aerosmith Corporation flues the
property herein lasted to Aerosmith or, it Aerosmltk
Corporation's option, it should elect to Coftticua--
operations under the terns and conditions of this a0re_emeLt
with Aerosmith for the unexpired term thereof A r h
3 corporation shall within ninety (90) days thereafter, and
upon the payment of said purchase price to City, remove
f
"i said structure and buildings from the tasted promise
leayiog said leased Prtmiset 0411W in the 14610_ that LLL
dtbrii and rubble incident to Bald removal shalt be carried
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off and that all major damage, if any, incident to said
removal shall be repaired,
E%.
SUBROGATION OF MORTGAGEE
Amy person, corporation or institution that lends money to
i Aerosmith for tonstructton of any hangar, structure, building
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or improvement and retains a security interest in said hangar,
I
structure, building or improvement shall, upon default of
Asrosmith's obligations to said mortgagee, have the right to
(0~ enter upon said leased premises and operate or manage sold
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hangar, structure, building or Improvement according to the
terms of this Agreemant•, for a period not to exceed the term of
i ~ the mortgage with Air* %atth, or until the loan Is paid in
i
full. Or, in the alternative, sold mortgagee shalt have thp_
Li ht to remove such buildings or structures from the premise;
provided, however, that such mortgagee $hall first notify City
{ In writing of such intent to remove and provide City, the first
right, and AerosmitA Corporation, the parent corporation of
Aerosmith herein, the second right, within sixty (80) days of
such notice to intent, to purchase such buildings and
A { Itructurks soug" to by removed. Should Aorolmi th Corpprstfon
I acquire the property or properties in this paragraph referred
to through its right to pureness under the Circumstances herein
1 provided, AerasntitA Corporation shell then Com7777 !Ae
terms and provisions In 11111. C. hersinabove is the table -Are
aopl{uble to Its purchase of properties on the leased premises.
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AiGHT OF EASEMENT
City shill have the right to establish lasementf, at no
cost to Aerosmlth, upon the lotted ground space for the purpose
of providing utility servitet to, from or across the airport
property. However, any such easements shall not Interfere with
Aerosmith's use of the $leafed ground 101ce' And City shaft
restare the property to its original condition' upon the
PAGE 11
r
's
I'
Y
installation Of any vtility services art, 1n, over or under any
such easement,
xt.
1 CANCELLATION BY CITY
1 In the event that Aerosalth shall file a voluntary petition
I
In bantruptcy or proceedings in bankruptcy shell be instituted
Against it and Aerosalth thereafter is Adjudicated bankrupt
pursuant to such proceedings, or any court shalt take Burls-
le diction of Aerosalth and its assets pursuant to proceedings
p brought under the provisions of any federal reorganisation Act,
(I~ or Aerosmith shall be divested of its estate herein by other
■ Operation of law, or Aerosaith shell fail to perform, keep and
I!j observe any of the terms, Covenants, or Conditions herein
contained, or on its part to be performed, the City may give
r Aerosaith written notice to correct such condition or curl such
E 4 f default and, if any condition or default shall continue for
thirty (90) days after the receipt of such notice by Aaraimith,
the City may, after the lapse of said thirty (30) day period
and prior to the correction or curing of loth condition or
default, terminate this lease by a thirty (30) days written
re~~} notice. City and Aerosalth agree, however, that should
Aerosmith's default be for any reason other than ASrolai+ th f
default to the payment of the Rentals add fees as are provided
j herein, City shall have, upon dehuit by Aerosaith, the first
right, and Aerosmith Corporation shall have the second right to
purchase any or all of the properties theretofore constructed
by Aerosmith provided it, Aerosalth Corporation, does to under
the terms and condttiens is provided in VIII. C. hoetintbove is
the same are applicable to its purchase of properties on the
leasld premise S.
CANCELLATION BY AEROSHITH
Aerosmith may cancel this Agreement, in whole or part, and
terminate all or any of Its obligations hereunder it any time,
PAGE 12
by thirty (30) days written notice, upon or alter the happening
of any one of the fallowing events; issuance by any court of
competent jurisdiction' of a permanent Injunction In any way
preventing or restraining the use of said airport or any part
thereof for airport purposes$ any action of the Civil
Aeronautics Board and/or federal Aviation Agency refusing to
permit Aeroseith to apersto Into, from or through said airport
~k such aircraft at Aerosmith may relsonably desire to operate
t~ thereon= the breach by City of any of the covenants or
agreements contained and the failure of City to remedy such
brest:, for a pert- of thirty (30) days after receipt of a
mitten notice of the existence of such breach; the Inability
r . o' Aeresmlth to era .aid premises and facilities continuing for
a longer period than ninety (90) days due to any lax or any
C'I order, rule or regulation of any appropriate governmental
y t luthorlt3 having jurisdiction aver the operations of Aerosmith
or due to war, earthquake or other catualtyl the assumption or
recapture by the United States Government or any authorized
j looney thereof of the maintenance and operation of said airport
and facilities or any substantial part or parts thereof,
xlll.
COVENANT NOT TO GRANT MOAE fAVORABLE TERMS
City covenants and agraes not to enter into any lease,
contract, or agreement with say other person, firm or
I corporation with respect to the airport cootaleing more
f favorable terms then this agreement or to grant to any other
person, firm Or corporation rights, privileges or concessions
■ with respect to said airport which are not accorded to
B■A W asmith herounder until$ the time rights, privileges and
3 concessions ere coneurrently and automatically made available
d to Aerosmith.
KiV. 1
1
(p AEfAPTUAE Of AON1NtSTAATI04 AU[101N0
City, upon giving Aorotmlth ninety (90) days notice, may at
any time during this Agreement recapture the Adminlstfitldn
P%Gt 13
~a
I
p Building and, if it chooses, the area Immediately surrounding
' the Administration Building as shown on Exhibit 02' attached
N hereto and do to under the following conditionsi
A. Should City elect to recapture only the Administration
Building it shall relinquish Its right to
subfequenlly
w recapture the area shorn an Exhibit 't" Immediately
Surrounding said building.
8. Should the City elect to recapture the Administration
1 Building as well of the area imaedlately surrounding It as
shown on Exhibit 2 attached hereto, City shall pravide
Aerosmith, prior to the effective data of recapture, eighty
,M thousand (80,000) square feet of asphalt ramp on I,ts sealed
proporeyl the new ramp to be in an approximate
configuration of 200 x 100 feet, and upon the completion of
said ramp and commencing with the effective date of
II recapture Aerofmith will thereafter pay to city ton (10%)
4k percent of all month y parking and/dr tie-down feel which
f it receives on Its total ramp area. In this latter
I i f
coofloctton, both partleo understand and agree that those
planet owned by Atrosmith and/or Aerosmith Corp. do not pay
parklnq or tie-down tees.
C. Upon recapture by the City under A or 1 above
Aerosmith's ground lease shall termiosts an that portion of
the leased premises recaptured and nothing shall preclude
or interfere with City's ingroll and egress to and from
Suc_ hreclaimed property.
1a 0. In that area recaptured by City It will not inlaid NO
nor will it permit any third Party to engage ln, the
3 following act(titfost
1. Avionlc Sales and Services
2. Selling of pilot Supplies
1. Operation of A Flight School
a. Aircraft Storage
5. Aircraft Maintonanee
s*
ME I/
i
I
r
6. Aircraft Sales
1. Aircraft Rental
6. Aircraft Charter
9. fuel Sells
Nor will City permit overnight or monthly tie-down
should the ada acant area to the Administration Building
be recaptured.
IV.
ASSIGNMENT Of LEASE
Aerosmlth Shall not at any flee assign this lease or any
f
pert thereof without the consent in writing of City, provided
that the foregoing shall not prevent the assignment at any time
! of this lease to any corporation witn which Aerosmith may merge
or consolidate or which may Succeed to the business or Hsots
of Aerosmlth or a substantial part theroofl Such consent shell
not be unreasonably withheld.
{ XY1.
tltlltT ENJOYMENT
City agrees that, an payment of the rent and performance of
the covenants and agreaments on the part of Aerosmlth to be
! performed hereunder, Aerosmith shall peaceably hold and enjoy
i this contract, the teased premises and all the rights and
l I ~
}4 privileges of said airport, its appurtenances and facilities,
' within the limits herein granted.
XY11.
NOT CES
Notices to the City provided for heroin shell be sufficient
If sent by registered mail, pottage prepaid, addressed to the
City Secretary of the City of 0onton, Teaast and notices to
Aerosmith, if sent by registered mail, postage p4pat6,
r> addressed to Aerosmlth 0onton Corporation, 0anton Munldipal
Alroort, Denton, Texas 76201, or to such other respective
addressee is either of the parties may deslgnato` 10 writing {
from time to time and fdrwyrd to the other.
PAU is
ixn..».. ..~...,n•..nx•..rvrNarsu+r.+rrn...,ri.:ww.w..rs«wr. .srrarrwe........._. _
5f
~1 v
XYSII,
AEOELIYERY AT EXPIRATION OF LEASE
Aerosalth will quit possession of all premises respectively
ie aed herein at the and of the tern specified herein with
1I
respect thereto, or any renewal or extenston thereof, And
h '
deliver up such premises to City In at good condition as
existed when possession was taken, fair wear and tear, acts of
God and the elements, as well as any other casualty not
t occasioned by the fault of Aerosmith, and casualty covered by
City's insurance, alone excepted.
COMPLIANCE 111, TM GOVERNMENTAL REGULATIONS
1 City warrants and represents unto Aerosmith, and the time
is declared of the essence hereof, that said City, In the
t~ establishment, construction and operation of the said Denton
} Municipal Airport, hat heretofore and at this time 11 Complying
with all existing rules and rogulations, and criteria
Zy distributed by the Federal Aviation Agency, Civil Aeronautics
' I
A I loard, or any other governmental authority relating to Ind
including, but not limited to noise abatement, air rights and
q ~
easements over adjoin Ing and contiguous areas, 4ver•f1Ight in
tanding or take off, to the and that Aerotmith will not be
legally liable for any action of trespass or similar cause of
action by virtue of any aerial operations over adjolniog
property in the Course of normal takeoff and landing
procedures from said Denton Municipal Airport City further
warrants and represents that at all times during the tarp
hereof, or any renewal or exteosloo of the same, that it will
u eonttnue to comply with the foregoing,
Nothino to this contract shall be eonarued g1 uoatimQ
renegotiation of the contract at the pleasure of both parties
herltd.
r
PAGE 16
1
XXI. t
CONFLICT OF INTEREST f
City recognizes that' this contract, as 'were tie prior 11
contracts which this Instrument supercedes, was negotiated
while Aarosmlth employees were serving as airport manager,
without remuneration from City and were not at any time
f~I employees of the City. City therefore agrees that it does not
F~k now, nor will It hereafter, claim that there exist any coofict
of Interest in the negotiation leading up to and consummated by
i l the execution of this Agreemer
IN WITNESS WHEREOF, th, parties have executed this
agreement the day and year first above written. In multiple
copies of like tenor and effect, each of which shall be deemed
p
a an original copy.
CITY OF DENTON, TEXAS
ITS
BILL MR, MAYUK
~ ATTESTS
4c
TRIM 'L
CITY Of DENON, TEXAS
i APPROVED AS TO LEGAL FORMS
`,93
E ? ATT00.ACY, Clff OF DAGVINQ WT
ENTON, TEXAS
ip
T! I AEAOSMITM DENTON CORPORATION
Ifs
ATTESTS '
'uv
Orpora .n.
•.b AEROSMITM CORPORATION
~d
ATTE STi
MUTANT
r
PAGE 17
k _
h 4
ri r ~w .w r rr r r.. r Will an wo OR MCI III m r m
SCALE; I°z400'
r
i
I
I
LIMITS OF RECOVERABLE AREA
1600
{
LIMITS OFAEROSMITH LEASE
i I• i
L '
i j
EXHIBIT NO. 2 1
METES AND SOUNDS DESCRIPTION
GROUND ADJACENT TO TERMINAL
BUILDING RECOVERABLE BY CITY
I
Y
3
I
SCALE:I"m 400'
i
{
160
I I 4 LIMITS OF AEROSMITH LEASE
U ~6 9
in
i A S +
1.•.•. 020
1
EXHIBIT NO.
j BUILDINGS IDENTIFICATION-DENTON MUNICIPAL. QRPORT
r"'
M
V
CITY OF DENTON
MEMORANDUM
TO: Mayor & Members of the City Council
FROM: Bill Angelo, Administrative Assistant
DATE: August 23, 1979
SUBJECT: Agenda item #2 - Alexander Grant Report
This item was placed on the agenda by Alexander Grant Co, in
r response to a request of the City Council regarding the im-
pact of eliminating the utility transfer. Thin report will
be an oral presentation by representatives from Alexander
Grant Co. No backup material is available at the present
a time,
SULL ge o
BAsjm
i
i
l
CITY OF DENTON
MEMORANDUM
DATE OF MEETING: August 28, 1979
CITY COUNCIL AGENDA ITEM
Implementation of Truth in Taxation Procedures
SUMMARY:
Because of the requirements of the Truth in Taxation Legislation,
any decSsion to increase taxes must be accomplished on August 28
f{ in odder to schedule the vote on the tax rate by September 18.
R
FISCAL SUMMARY:
The Tax Assessor has calculated a tax rate of $1,30/5100
valuation which cannot be exceeded by more than 3% without the
Truth in Taxation process= therefore, the Council can increase
taxes to $1,33 under normal procedures. Each 10 tax increase
provides $28,972 in revenue,
ACTION REQUIRED:
If it is the Council's intent to Increase taxes, an affirmative j
vote to increase taxes must be accomplished by a majority.
ALTERNATIVES:
1) If the vote was delayed, increasing taxes could be accom-
plished by a combination of special meetings and passing the tax
rate after September 18.
2) No increase in texas.
Rim.»_.. °•+auag,
,git~' ~1a:~Ji.iA.;.tsx?~YM y}t~ary~l,i73$R d~ws.ae aawrrKxvY aw. rr.au... .r,.w..,..
1
ciryol DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 381.9601
TO: Chris Hartung, City Manager
FROM: W. H. McNary, Director of Finance
DATE: August 23, 1979
SUBJECT: IMPLEMENTATION OF TRUTH IN TAXATION PROCEEDINGS
E t
i
t
As previously indicated, August 28 is the deadline for implementing
I the Truth in Taxation proceedings required for increasing taxes. in
order to begin the process for increasing taxes, tAe City Council
must decide to increase taxes on the 28th.
Should the Council decide to increase taxes, a public hearing must
be scheduled on September 11 for the purpose of having written and
oral comments concerning the tax increase. It might be noted that {
this public hearing would bo required in addition to the public I
hearing already scheduled on September 4.
.
At the public hearing, the City Council will again conduct a vote
concerning the tax increase, and in the event it is the Councils
choice to increase taxes, public notice shalt again be given to tell
the public the date and time of the final vote. The vote on an
ordinance to increase taxes shall be scheduled for September 18,
coincident with approving the budget.
The Council may appr.:e a tax increase to $1,33/$100 valuation
without invoking the procedures which have just been described.
I will be happy to respond to any questions concerning this process.
W"11 ?r'1 ~ Ol~r•~
W. H. McNary 1
Director of Finance
P1
i
L "WI
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO, 76•-8 OF THE BONING NAP OF THE
CITY OP DENTON, TEXAS, AS ADOPTED ON THE 2iST DAY OF FEBRUARY,
A.O. 1978, BY AMENDING (2) OP ORDINANCE NO. 78-8 TO PERMIT 116
UNITS ON 5.8 ACRES OF LAND OUT OF SAT 20, BLOCK 176-0, AND BEING
LOCATED ON THE NORTH SIDS OF WI6USOR DRIVE, AS SHOWN ON THE
OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXASS AND NORB
PARTICULARLY DESCRIBED TEEREINI AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL Of THE CITY OF DENTON, TEXAS, HEREBY ORPhINSA
SECTION X,
That ordinance No. 78-8, passed and approved on the 21st day
of Februaryq, 1978, Is hereby amended by changing Section I, No, 1,
of the amid ordinance to read as follower
r
01. No more than lld units shall be developed an the
multi-Family site in this proposal. The multi-
family development, together with the recces-
tional stalk, shall require site plan approval
and shall be designed in such a manner that will
s feasibly permit single family housing to be
constructed on adjoining properties me has been
proposad.•
SECTION 11,
That the City Council of the City of Denton$ Texas hereby
finds that such change 1s In accocdahoo with a oomprehansive plan
f for the purpose of promoting the general welfare of the City of
Denton, To%&$, and with rsalkonable censiderattonj w3onq other
things for the character of the distriot and for its peOullar
suitability or particular uses, and with a view to contartihq the
value of the buildings, protecting human lives, and encouraging
the most appropriate uses of land for the maximum benefit to the
City of Denton, Taxes, and its oitisens.
That this ordinance shall be in full faros and effect
immadintsly after Its passage and spprovals the required public
hearinga Navicq heretofore bun held by the planning and toning
Commiulon and the City Council of the City of Denton[ Texasr
k after giving due notlea Thereof.
r
PASSED AND APPROVED this the 96th day of August, A. 0. 1070.
,
F
CITY OF ORN R
TOM* TEXAS
ATTEST[
CITY OF DENTON, TEXAS
APPROVED AS TO [.FOAL FORMr
BURT A. 600930, ACTING i
ATTORNEY, CITY Of DENTON, TEXAS
r~
City of Denton
Memorandum '
August 21, 1979
AGENDA ITEM:
7
Consider the final subdivision plat of The Village, Phase III.
SUMMARY:
The property owner seeks to subdivide a 5 acre tract into one lot for the
urpose of constructing an apartment complex. The tract is zoned for
Planned Development'(90) and has been amended to permit a total of 116
apartment units. The parcel of land begins 420' west of Stuart Road and
runs along the north side of the proposed Windsor Drive extension.
Appropriate utility and drainage. easements have been met, and no street,
4
improvements are necessary. Utility and drainage plans are satisfactory
for the development of the site,
The Planned Development (PD) zoning ordinance'which includes this,tract,
requires a 4' sidewalk be constructed on the north side of Windsor, Drive,
along the property frontage from Stuart Road to the end of the apartment
complex, prior to completion of the complex,
s RECOMNDATION!
The Planning and Zoning Commission reviewed the plat and unanimously recom-
anddUtility its-August revieweedtthe.plateandarecongnn endednapproval
ACTION REQUIRED:
The City Council should move to approve the final subdivision plat of The
Village, Phase III.'
EXHIBITS:
a) Memo
b) Map
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CURVE DATA u
O ea! I}},T t I
I If {4 fN{ 20A{ 2072 I
04
® IN $ .
I 11011 2041
A 41 04.4 102.41
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THE-VILLAGE
►NAl1 Itt lOf I►ILOdt ~
A_su®anrlsm IN TkvciNatr nrrNrom
■ otNm COUMtYs T102
NAO CORPORATION
CONIUITINO lNG1Ntt11
"ut 10UIMANA, AVIAN - Afro MillitI M
• fI OWN. III MS,V.
oSGAA>UiIt 2 10 0,
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•OAtI ~AIYIIION~~ !Y I AIA~ <Af III ULY
IO12~6
City of Denton
Memorandum
Study Session
August 28, 1979
AGENDA ITEM:
Consider instituting annexation proceedings on a 314 acre tract located
on the north side of Highway 77 between Bonnie Brae and Riney Road,
and zoning the property Light Industrial (LI) classification.
SUMMARY:
At the public hearing of the City Council on August 7, the request of
Mr. Dale Cunningham Texas Instruments) for annexation and Light Indus-
trial (LI) zoning received favorable consideration. In order to
continue the annexation and toning process, the Council should insti.
tute annexation proceedings.
s ACTION REQUIRED:
The Council should move to institute annexation proceedings and in-
struct the City Attorney to publish the ordinance.
EXHIBITS:
a) Annexation Ordinance
c Planning Commission Recommendation
P
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x
F
I
I
s
Planning and Zoning Commission Recommendation
to the City Council !
Z-1408 f
August 7, 1979
Identity: Z-1408
This is the petition of Mr. Dale r.unningham requesting that an. approxi-
mately 295 acre tract be annexed end zoned Light Industrial (LI). This
tract is located on the north side of Highway 77, between Bonnie Brae
and Riney Road.
Resort and Planning Commission Recommendation:
This tract is located in an area that is predominantly undeveloped.
There is a drive-in theater located on the south side of Highway 77
across from this property, and there are several homes located near
the southeast corner of the tract. The remainder of the area sur-
rounding this property is typically in agricultural or very low density
single family use.
The property itself is bisected by the proposed corridor for Loop 288
' (see attached map), The property owner had requested that the Loop
F corridor be shifted to the north side of the property, but he has
withdrawn that request and agreed to the State approved location.
E E There are also two major easements for electrical service on the
property.
The question of whether public facilities are adequate depends largely
on how the property is developed. Water service is relatively close
and can be extended to the property and there is adequate capacity in
the line. Sewer servira would probably need to be extended from the
area around North University Place. There is adequate capacity in
this line for a plant employing 3,400 persons, assuming no industrial
waste. There are no unusual drainage problems apparent on the property$
This tract has street access to Highway 77 and Bonnie Brae Street and,
of course, will eventually have street access to Loop 288. Highway 77
connects to I-35 and leads into the city b Elm Street. The property
also has direct access to Bonnie Brae which leads to Windsor and
University Drive.
The Public Works Director has reviewed access and traffic potential
of the site, It is assumed (there is no verification) that Texas
Instruments will build an assembly plant on the property. He is also
assuming a work force of 3,000. If these assumptions are correct,
the public Works Director believei that there will be significant
traffic congestion in the vicinity of this site, at least until such
time as the Loop is completed. There will almost certainly be a
i need for a traffic signal at the intersection of Highway 77 and
Bonnie Brae. There will, of course, be a significant increase in
1
y:
x
i
I
traffic on Highway 77 and Bonnie Brae. Highway 77 1s adequately paved
and is maintained by the State. The paving of Bonnie Brae is sub-
standard, and it is uncertain how long it would last under increased
traffic volume, It is likely that Bonnie Brae pavement would have
to be improved within a short period, particularly near the intersection,
II~ On the land use issue, this proposal is at variance with the Compre-
hensive Plan, The property is proposed for Light Industrial (Ll
zoning. The Comprehensive Plan indicates that the area, both north
and south of Highway 77, should be developed for residential use,
The Planning Commission feels it is questionable whetheA the area
immediately adjoining the Loop will actually be developed for single
family use, but the proposal here is for a 245 acre tract which involves
much more than the Loop frontage.
The Planning Commission considered three options. The first option 1s
to maintain the land use plan as indicated in the Comprehensive Plan.
A second option is to approve the Light Industrial (LI) zoning as re-
quested and, in effect, modify the Comprehensive Plan, It is reasonable
to expect additional proposals for industrial and commercial uses in
this area along the Loo 1f this precedent is established, and those
requests would hav to ~e considered ir, the same light as this request.
j A third alternative is to place additional development controls on the
o property, such as through approval of Planned Development (PD) zoning
for light industrial use.
The Plannin Commission is recommending that the request for Light
industrial Li) zoning be approved as submitted. The Commission felt
that, if th s site is developed with the typical campus type assembly
plant that TI has built elsewhere, it is reasonable to exppect that the
nearby area will still be suitable for residential use. A local I
example of a light industrial plant, on a much smaller scale, built
near a residential area is the Jostens plant on 1-35. The Commission
i felt that the possible problems involving traffic and street maintenance
' could be overcome by the city with sufficient notice and through coopera-
tion by the petitioner, An important consideration in the' Commissioner's
decision was the benefits the city would realize involving additional
jobs and tax revenue through the development of a TI plant. The staff
~I recommendation was that the petition be modified from Light Industrial
(LI) to Planned Development (PD) for light industrial use.
A final issue that was discussed involves whether to recommend the
Light Industrial (LI) classification for this site on the property the
State has indicated will be the Loop 288 right-of-way. In one other
instance, a zoning request over the proposed Loop right-of-way itself
was denied. The reason for this is to discourage any development over
the loop corridor, as fixed by the state and the Comprehensive Plan,
so that when the right-of-way is purchased, the public will not have
to purchase and remove buildings. This could cause serious delays in
the development of the Loop. A secondary consideration is that light
industrial zoningg may affect the appraisal of the p.operty and the
cost of acquisition, Representatives of the petitioner stated at the
VIT
3
Planning Commission hearing that they had no intention of developing
over the Loop corridor, and the Commission did recounend that light
Industrial zoning be applied to the entire property as requested.
The staff would urgge very serious consideration of this issue, At
least the potential exists that zoning the right-of-way could result
in delay and increased cost of the Loop development. If the right-
of-way itself were zoned Agricultural (A) then, in effect, potential
problems would be avoided, The staff can foresee no way that this
step would have any affect on the development of the tract for a
light industrial plant as proposed.
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I
ORDINANCE NO.
AN ORDINANCE ANNEXATING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO /A
THE CITY OF DENTON, TEXAS, BEING ALL THAT LOT, TRACT OR PARCEL OF
LAND CONSISTING CF APPROXIMATELY 314.8261 ACRES OF LAND LYING AND
BEING SITUATEC IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING
IN THE J.S. COLLARD SURVEY, ABSTRACT NO. 297, A. WHITE SURVEY,
ABSTRACT 1406, AND THE N. WADE SURVEY, ABSTRACT NO. 1407 , DENTON
COUNTY, TEXAS; CLASSIFYING THE SAME AS LIGHT INDUSTRIAL DISTRICT
PROPERTY; AND OECLARINJ AN EFFECTIVE DATE.
WHEREAS, the request for annexation was introduced at a
regular meeting of the City Council of the City of Denton, Texas,
an the petition of Dale Cunningham; and
{ WHEREAS, ■n opportunity was afforded, at a public hearing held
for that purpose an August 7, 1979 for ail interested persons to
E
state their views and present evidence bearing upon the annexation
provided by this ardinance; ens
WHEREAS, this ordinance has been published in full at least
one tine in the official newspaper of the City of Denton, Texas,
prior to its effective date, and after the public hearings;
3 NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS,
HEREBY ORDAINS;
SECTION 1.
i
That the hereinafter described tract of lend he, and the some
Is hereby annexed to the City of Denton, Texas, and the come is
mode hereby a part of said City and the lend and the present and
I future Inhabitants thereof 'small be entitled to all the rights and
i
privileges of ether eltirens of said City and shall be bound by i
the acts and otdinances of sold City now In offeet or which may
hereafter bs enacted and the properly situated thereto shell to ~
Subject to :r; anall bear its prorate port of the taxes levied by
the City. Tne tract of land hereby annexed is described as
follows, to-Alts
Being ell that certain lot, tract or parcel of )and situated in
tha J. S. Catlnrd Survey Abstract No, 291, the A, White Survey,
Abstract No. 1406 Ind the N. wade Survey, Abstract No. 14070
Denton ~dunty, roars, and helmg mare particularly dnser)hed As
fulluwst
BEOINNINO at on iron rod at the present lntoroection of the common
east lime of the J. S. Collard Survey, Abstract No, 2979 and west
lino of tno T. Toby Survey, Abstract No. 1216, with the north
right of way line of Riney load io 30 foot right at way);
2.1408 Dale Caoainshde
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THENCE north 88 degrees 37 minutes 36 seconds west 329.73 feet
with the north line of Riney Ro:,Q to an Iron rod for corner at a
corner cutoff In the northeast right of way line of U. S. Highway
77 (a 120 foot right of w .:y);
THENCE north 73 degrees 13 minutes 39 seconds west 77,24 feet with
the northeast line of U.S Highway 77 and the corner cutoff line to
an Iron rod for earner;
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THENCE north 38 degrees 08 minutes 36 seconds west 814.)4 feet
with the northeast line of U. S. Highway 77 to an iron rod for
+ cornet;
3
THENCE north 58 degrees 09 minutes 36 seconds west 35:0.01 feat
with the northeast line of U. S. Hlghway 77 to an iron rod at the
south corner of a corner cutoff at the present Intersection of the
northeast line of U. S. Highway 77 with the test right of way line
of Bonnie Brae Road to variable width right of way);
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t THENCE north 29 degroo$ 02 minutes 01 seconds west 26.60 feet with
the corner cutoff line to an iron rod for corner;
THENCE north 00 degrses 12 minutes 13 seconds east 2045.02 feet
with the east line of Bonnie Brat Road to an iron rod for corner;
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3 THENCE south 88 degrees 55 minutes 03 seconds east 4185.61 feat to
#t j an iron rod for corner in the common line of the Collard and Toby
t Surveyst
THENCE south 00 degrees 39 minutes 39 seconds west )263.09 feet
t with the common line of the Collard and Toby Surveys to an Iron
z rod for corner;
4 f THENCE south 00 degrees 52 minutes 08 seconds west 3060.59 feet
} with the common line of the Callarn and Toby Surveys to the place
4 of beginning and cantaining 13,113.824.91 squ4re feet of land or
} 314.8261 acres of land, more or less.
f ` SECTION II.
S I The above described property is hereby classified as Light
! Industrial OLIN District and shall so appear on the official
coning map of the City of Denton, Texas, which map 1s hereby
emended sccordinglyr
SECTION III.
This ordinance shall be effective imMedlAtaly upon Its
passage.
i PASSED A0 4PPaOYE0 this the - day of ,
A. 0. 1479.
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BILL Pi ASH. R
CITY OF DENTON, TEEA
ATTEST:
BH if HUL , city T478--miry
CITY OF DEN Tot,, TEXAS
APPROvtD AS TO LEGAL FORM:
BUR A. SOLSONS, AMNO My
ATTORNEY, CITY OF DENTON, TEY.AS
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CITY OF DENTON
14EMORANDUM
Y!
TO: Mayor and Members of the City Council
FROM: Bill Angelo, Administrative Assistant
DATE: August 23, 1974
SUBJECT: Agenda Itecr #7 - Community Long Range Planning
committee
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This item was placed on the agenda at the request of Councilman
( Ray Stephens and will involve discussion on the development of
a Community Long Range Planning Committee designed to investigate
current and future problems in the community. It has been sug-
gested that this committee be entitled "Denton 80's" and incorpo-
rate precepts similar to those in the Decisions for Denton"
program. In keeping with this intent, I have included for the
Council's consideration a copy of the document Decision for
Denton".
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DECISIONS
FOR
DENTON
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COMMUNITIES ARE BUILT BY PEOPLE,
and what communities become is determined by the visions of its peo-
ple. Citizens of Denton recogn ze that what their community Is and will
t be depends upoo them. The rapid growth and change which Denson
1 faces necessitale3 consideration of alternative paths to the future. This
S] recognition led to The "Decisions for Denton" program.
"Decisions for Denton" Is a citizens' appraisal of their community.
It Is an ettempt to insure that Denton will grow and develop in the
future in the planned, orderly manner prescribed by its citizens. The
objectives of this reappraisal have been to establish goals to serve as a
guids to public and private agencies.
This has been a community-wide effort. More than 500 citizens
have actively participaled in the "Decisions" program, The Joint Unh
versify Center for Community Services of North Texas State University
and Texas Woman's University and the Denton Chamber of Commerce
provided leadership In organizing and getting the program underway.
All groups and segments of our community have participated in this
undertaking.
The work of the "Decisions" program was undertaken by nine
Postage subject area committees which examined various aspects of Denton's
j rs ge stamp Willi Be Pala
eC sfam lice.
f! Vaf7ed in the ssee
t'niieE rules
There was also a Steering Committee to help to mobilize,lhe com
munity in these efforts. This group originally planned and presented a
BUSINESS REPt.Y CARD seminar on "What's Happening to Our Region?" on February 13, 1069.
FIRST CLASS MOOT NO. 111. OE?TO\. TEXAS More than 400 persons attended this daylong conference which kicked..:,
off the year-long community self-evaluation.
DENTO\ CHAMBER OF C03I11fERCE t
P. 0. DRAWER 1'
DENTO\, TEXAS 76201
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` This document contains Decisions for Denton Phase One, and sets
` forth the goals as expressed by the citizens of the city of Denton. These
statements of goals will help to provide The visi-in for future develop-
ments of our community.
Putting these visions into practice will require still additional work
by the citizens of Denton. Decisions Phase Two will consider alterna-
tives for reaching these goats and methods of implementing them into
public policy. This task of building a better Denton requires the efforts
of all of us.
It Is impossible to recognize everyone who worked on this pro-
gram, but I would like to recognize the chairmen of the various com.
miltees for their contributions, as well as the members of the Steering
Committee,
Mr. Keith Shelton edited the report of the committees for the pub.
lication of this document. Dr, John T. Thompson and Don Lewis served
to organize and Implement this program. To all of these and to all of
L the other people who have helped to make this program possible, I
express my heart-fell thanks, on behalf of all the people of Denton.
W. C. Orr, Jr.
Chairman
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DECISIONS FOR DENTON
COMMITTEE CHAIRMEN
Culture Fred Cassell
Economic Development R. C. Wheeler
Elementary and Secondary Education Raymond Wheeler
Governmental Ur,,is John Moellinger
Kgher and Conti% na Eduration J. W. Sinclair
Health and Welfare Dr. G. E. Holladay
Land Use and Physical Facil-l es Mary Claude Gay
Tony Raposa
Recreation and Enterla m.rent Kenneth Smith
Safety and Transpora' on Bill Utter
DECISIONS FOR DENTON
STEERING COMMITTEE
W. C. Orr, Jr., Chairman Atonzo Jamtson
Dr. Rowe Meador, Vice Chairman Ed Killian
Lewis Abernathy Ieke Martin
j ` Roy Appleton Frank Martino
3 Dr. L. L. Armstrong Mrs G. C. l!arlan, Jr.
} W K Batdndge Reagan Pemberton
Dr. James Be-ljaro,n William P. Philips, Jr.
Jack Browder Marvin Ramey
James Gardenhae Charles Redd
Mrs. Dieter Gaupp Jim Russell
J. L, Ginnings George Schneider
Leonard Grala Harwell Shepard
O. W. Hampton A. A. Smith
Nob!e Holland Jim While
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WHERE ARE WE ?
crobte
Following are reecrts n n a'eas d s:use ns and goals for
Dentdn. GOnS'Cera.' a SrL;Y and Ct3_' ,g into the feport! by Ut4en
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commihees covrr a-rcc, C' ty Le
Taxer, as a r.hoe. t•c ,ca's rr,an cut a grogram which would take Donlon
,!.c ass a!y
lolo the lutu'e as a r'-
Trere 'sore seine : red sates to v;n Ch. the co*m'ttees worked Thane were
Some a'. mS which they shared In Common.
All anGtipaled major growth for L)ea'>Cn bPCduSe of i!! ge0giaphiC IOCali0n
equidtslant 10 Dattas and Fort Worth All recognaed 14 probable impact of
Fert 11'Ot All Texas swe the
the ri rcgornal airport behtoen Darns ant N
Vial rotes played by Den!Cn's 1" r^a,cr un+,erst•e; North Tex35 $ta!8 and
Texas YJOman s Urive'5 y I
C!osOr coxcrat ca am "13 ass sta^C¢ be!'.eon the iVm and the 1
S %,4y C^ ,",'tee! The Hi her and
unne s t cs . es a t s 1ec s+ ^^s'P.'rc a::e t v,j prog'am of the
Con,~nung c a. r.' C
Study Group mght nc Loe repo amessages in Ca'''as and Fort V5'oRh
,
CCmmunlca!,Or1s med 3 cen 0^.ed '0 "DrCed regronai SLpDOrt tot The
Denton universities The Gr:e nn cn a Un !s Corr, itlee recommended that
i an admin'S native COUnCbe Set Ug to ~GC:ude the Chef bdmir0strill- officer,
the cha'.rman or the Cres n^nI Of tie rescective boards of governmental
Units and the pre51Cf,415 Or tte tr10 Univers't.es 10 meet monthly to discuss -
Common f.tOb'eTS
t %Iost 01 the cOmmittees tecogrnzed the need for greater communication
and qub c educalron on community issues, pr^' rms and opportunities.
The Govetnmen!at Un,!s Commdtee saw the need for uGzen! commAtee!
to explain bond issuance and tax eleclicns,
These, then, are eccepled as COmmOn g0aIS of the community. Throughout
this leport, the word "we" means all Of u5, the cili:ens of Denton. !
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` How WiII We Use Our Land
and
What Will We Put On It
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3 # - "We must establish a program of
rehabilitation for the deteriorating
central core of the city of Denton."
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WIHAT ARE OUR PROBLEMS
AND HOW CAN THEY BE SOLVED
WITH REASONABLE FINANCIAL SUPPORT?
Older areas in the core of the city have deteriorated due to pAviously unen-
forceable zoning, and lack of proper building codes. Now we a+s faded with
rehabilitating these areas. Some of these problems will be resolved with the
development of the thoroughfare plan and university expansion, both of which
will result in the outright purchase of property by the city or university an(, its
subsequent clearance. However, there will exist in many other sections car-
fain blighted properties. Some will be rehabilitated at the insistence of the
government it they are sold through FHA loans. Stilt, there will be many which
will continue to be substandr,rd. These should be eliminated through the use
of city ordinance enforcement.
Another possible too' is a federailyasslsted code enforcement program.
However, it cannot stand atone, nor can it substitute for other programs with
different objectives. Its best use would be In conjunction with other aids. Its
principal purpose Is to restore stability to deteriorating neighborhoods In
cases where this can be done by enforcing minimum standard ordinances,
and to provide public facilities in bighted areas. It tends itself to this goal
without causing extensive disImlion of people and businesses or resorting
to property acquisil;on.
DISPLACED PERSONS
Persons displaced by university expansion and thoroughfare construction
usually are paid above average prices for their properties. They usually are
provided adequate housing within the community. However, it does serve to
aggravate an already existing housing shortage. Denton builders were
approached of the problem of providing lower cost housing for the displaced
low income families and young married couples. Present building codes,
which require high standards, plus high material and labor costs and the
high cost of land, make it difficult for builders to construct low-cost housing,
even at a minimum profit. We should therefore review the present building
We to see it any reasonable concessions could be made to lower Costs
without creating instant slums.
An alternative to the buyer, of course, Is the mobile home. Last year, 86
per cent of the family units purchased in the S10,000 to $12,000 price range i
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in-in Will 111111111 1-11111"Hwow,
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nationally were mobile homes. There are at present 12 mobile home parks news media. Often vital issues are defeated by apathy and ignorance within
In the Denton area. Regrettably, not all are of acceptable calibre. 'io Some, roQrams,
rho mobile home is the only econoraicety feas'bte housing at this time. Many the g ours which could benefit most from the p
of the people who buy mobile names - although by no means all -v,~'i FACTORS AFFECTING THE FUTURE
come from that segment of the population which creates slums It is Ire
people and their attitudes - not their hous'ng - which crnales slums A Between now and 1975 a number o' factors wilt affecl the development
proper degree of city regu'a5on thus tecOmeS necessary. A stricter mobile Of Denton, InGuding tt'.e new regional airport, development of the master
home ordnance and leg va!ion prcv,d ng ter a fair share of the tax burden to tans for North Texas State and Texts Woman's University, the proposed
Aubrey Reservoir and she add+on of new industry The airport will be one
be placed on mobile tome ovtrees also are warranted p
of lne greatest forces a!ferl'ng the area Campus development at NTSU will
ANNEXATION require the closing o! sane streets TWU'a plans may include possible re•
servoi be In
ngi,Or 55 will autho o a rized key the factojor ect
Fulfilment of the lhoroughtare plan for Denton is a m,;st if vie ore to routing of Ira!GC in that area. The Aubrey Reo
provide traffic relief Ih-OUgh the Cor.. r.;ed wori5 Of Ile c-!y. PrC)'C'.S is insuring the h'tur] V'ver su"ly 'ct C2ntOn.Ct e t
necessarily sloot due to Ine lane a ra. 4s of more re;u •ed to ob:a'n in 1967, but it Will lake about 10 years to bno' the project from the la'.ked.
prcperl as for right•of•wa/ If b;r.d m ore y 's root a.ra lab'e, irEn ncrl s we stage io the tapping stage and necessary funds still have to be appropriated.
should look at a cc" eh!rrCe"rt tr.;gr3-, as ces!nted b/ the U S. Deoart- Dallas wit) have vaaler frights of 74 mill,on gaitons a day and Denton 26
rrent of Housing and Urban De elcurrerf as a pcss b',e aid million, There are two proposed food control dams panned for the north- These are Site 18
Because of ant'cirtoed gro,vth at a ralcici tale, ccnsideral0n reeds to be west part of Denton, which win al a flooding in the city Cheek Watershed
given to a set of courty•w''de but'd,mg codes in Order to irsU'e sale con. Sol Conservation 160.1 acres end SiCons17 or ervation 1 1on 21 27 Seacresrvice
In Another Hickory
factor
s;ruction and vie !-ordered deve+'opmanl C t'es and towns vrth.n the county program of the , tor is the ~o ylbitity
m
undoubtedly will expand their corpercte fimils vii the next fear years of a road being constructed across JeElm a a tunnel. Reservoir rge Or terry
Enforcement of county building, subdivis'on, plumbing and electrical codes l Elm to Lane Dallas ideas have e included y, A proposed
would mean that ta'w sewa;o v:culd be handled in such a way that it would crossing. A solution w'ill require little, planning and money.
not be a future health hazard in unincorporated areas, Enforcement of elec. city annexation schedule (see addenda} calls for the addition of 24,69
square miles of new area to Demon by 1915, rrroch would then encompass
trira: cc:es would prevent fires and perhaps reduce the base key rate on 47,65 square miles or 30,496 acres. Popuation projections (see addenda)
io,sutance pa'd in the county. County-wide zoning would give residents con- indicate an increase of 16.500 residents by 19'. . representing about 4,125
trol over the establishment of factilias or firms which would be undesirable families, Some 55 per cent of these it is estimated will 110 in multi-famify
near their property. It would encourtige good development and Insure that units (2,269) and the remainder in single-family dwellings (1,65l
streets would corilinue from one community It the neighboring one in a 11 appears the city will have adequate land for homes, parks, shopping and
seas ble pattern. Developers Ord builders would be required to make soil
other needs if annexation continues within the quotas now altoi5ed by V:a
pLrcolahon tests to :etermine the absorption rate of the soil where septic state - which provide for the annexation by any city or an amount equal
tanks were 10 be installed Taxing units could have better info•mation on new to 10 per cent of the total area of its present boundaries in any one year.
construction if county budding permits were required.
FINANCING Ci0AL5
financing remains a problem in all areas of public and private planning. We must establish a program to rehabililate the deteriorating central core
Recently, the money market has been tig*d Money has been unavailable of the city. Private industry atone has proved incapable of getting .he job
in many cases and ova !able at high interest cos!s in others. We believe done without federal funds. Our city off dials should study available federal
every e'tort should to made ty city officials to investigate the pots b',e programs to determine the ,easltil ty or participating in some of them.
mi,etpatron by the city in the many fer;s+al programs ava'iat'e. Local A committee of builders should to 3stablished to consider revision 01 our
t,ra.c* institutions are just rot able to provide the l ;e of bnancial a 'd a city resent building code to see if changes can be made to permit the Oonstruc-
the sae of Denton needs Commuri parlcioat rg in federal programs present
of lower-priced housing that would meet essential requirements, but not
j must `rave a workable Grogram for community improvement, This is the result in instant slums. A study of pre-fabricaled housing also is suggested,
commun tya con Fran for the use of pr vale and public resources to fight A swnd mobile home ordinance should be enacted and legislation should
t' got are foster development It is made urr. of the basic Cemenls that be sought 10 lox mObde homes on a fair share basis.
rec•ese•t roll h,04 more than the use of tested and accepted principles of Flood control dams in the northwest section of Denton should be con,
m.n c,pa! management. We suggest city officials prepare such a work- strucled as room as possible through the cooperation Of the Soil Conservation
at a program as at least a pal;al start toward satisfying some of our needs. Service and the City of Denton. This will bring much needed relief to the
A key point in this is public education ty Intelligent cooperation From the citizens or Southeast Denton
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A program of land acquisition for perks needs to be Initiated. Arocr -!'"a•
tion In this area may result In higher tend costs.
The Aubrey Reservoir project should viewed with an eye to develop- HO Will We Transport
merit of park and recreations uses. With h proper planning this area could 1 ( become a beautiful and useful tourist attraction end provide additional
income t
for Denton white Increasing the recreational lacilities offered 10 its citizens.
County-wide zoning, building standards and sub-division control must be sought through legislation,
Ourselves
A workable program for community Improvement should be developed by
the city, in order to quality nor federal programs. Our Goods (1~ v O~ P
Use of a a code enforcement program as a means to facilitela the thorough- And O ! ,
fare program should be fnvestigaled.
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A review of industrial Site plans is needed with a view toward the develop-
ment of an Induslrlal park patterned alter the Great Southwest Development
Coraoralion development near Arlington.
In order to meet our housing shortage, we must encourage the. continued
development of raw land Into lots.
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-"When Denton grows as mUch in
the next decade as It has in the last,
If we do not havs better provisions for
crosstown traffic movement, a rest
problem will exist:' i
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,••~a~i1p1~ +~/~M'IINY.ItY~tI:T:1Y.J.~LCYi'JI:Y.CA .'~`L,:: t+Y.~it1~.r.:tiY....:MF~.Y1L r:. ~.-,~Yli~.i:.~j
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ENTON MUNICIPAL AIRPORT
City olliclals should recognize that the Denton Municipal Airport will
become ore of thr. princ,oa "reliever" a'rpors for th) area when the regional
airport becomes operal,cnal, Ofh: a s should know that aviation growth trends
Indicate trait in the future a city must have adequate air transportal;on facili-
ties, The general aviation public wii: expect these facilities at the Deolon
airport because of its convenient tocabon rear both Dallas and Fort Worth
and because the regional airpoil may be restricted to a;r carrier aircraft. The
city should take immediate steps to obtain land that will provide for the
expansion of the runways to 8,400 feet with the necessary clear zones. Full
cooperation and dialogue with the Federal Aviation Administration and the
j Texas Aeronaulics Commission should be established for both counsel and
} possible financial assistance, This also would insure that developrrent of the
1 Denton nviation facilities is compatible with federal and state regu'at;ons.
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CITY THOROUGHFARES
While the committee can p'mpo;nt the needs, it will take a Ira!l,c engineer
to get the job done, immediate steps should be taken to handle the traffic
generated by the Cumptebon of the interchange on Interstate Highway 35
at Bonnie Brae. Some thought elso should be given to a street that would
carry traffic off of Bell rcrth nt !dcKir,ney northeastward around the TMI golf
course to Connell with University Drive near Ruddell, This would relieve
congestion on ben through the T'NU campus. This connection would deperd
on the completion of the Bell-Blcunt extension to Dallas Drive. Blind CCr idrs,
such as the one at Palmer and Sherman Drive, should be i ftproved Driver
education should be initialed by the ponce department A campaign might
be promoted in the local press t,) inform drivers of good habits, Too use of
turn signals w-uld improve traffic flow it properly used, for Instance.
t GOALS
P Early completion of the north and south segments of Loop 288 should
be sought. j
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The state should be urged to designate and construct of the earliest fees ble ~
moment an expressway from Denton south to the reglonal a'rpo t
it is recommended that the thorwglifere plan h for Denton be ,r,lid ed end How Are We
that its importance be told and nd retold s so that it will he carried out aid
completed. It in, our feeling that residents of Denton do rct r^a,',ze i's
range importance When Denton grows as much In the nest decacce as t
has in the last, it do not have better provisions for eresstc::n trail c Going D eves o p
movements, a real problem will exist,
We should strive to have sale passageways for pedestrians as v,oa as to
vehicles, particularly as applied to children In school areas, A study ig recommended of the city building code to determine If sidewalks should be Economically
required in more areas.
We feel that Denton has reached the point In development at which a
full-time, qualified traffic engineer should be employed by the city i
We should create a situation compatible to industrial development at
Denton Municipal Airport.
This commitlee's race nmendaVons alone represent heavy expenditure
)f funds, There has been ca attempt to determine methods of financing.
Instead, it is our recomn end, Lion Lh9t a special group to formed to study 't
the problem of financing.
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{ --"Industry 18 the fastest growing segment
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of our economy and because of our gso'
graphical location will grow of an even
faster rate.... It is resolved that we are
not esmoke-stack Industry area " '
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ICONOMIC DEVELOPMENT
OPPORTUNITIES
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Agriculture w,8 continue to to an important segment of our economy
contributing subsiarlially the same dollar tlow in the next five years as It he$
In the past five. T're two line universities in Denton will Continue to grow, ,
but a change in the age of the students is taking piece, This has been t
brought about by the establishment of junior colleges in Dallas and Fort
Worth on many campuses, This has reduced the number of freshmen and
sophomores at Darien schools and has resulted in an increase in upper
level and graduate enrollments. This change of mix no doubt Will Increase
over the next five years, The older sbjdents, most of whom are part of a
family unit, either as head of household or housewife, bring with them a
greater deman3 for goods and services within the community. We should not
l overlook the Denton State School, which will continue to expand creating
the reed for qualified personnel its operating budget of $4,940,000 per
} year Including a $3.9 million payro,i is a major part of our economy, BeCeuse
of our geograpr-ic location, it will grow at an even faster rate in the future. f
One job in a manufacturing enterprise supports two and a half jobs In the
service, professional, governmental and distributive Industries, Slatisttcally,
since 1962 out work force has been made up this way: 12 per cent work at I
firms In Denton, 8 per cent work at non-local governmental offices, 25 per
cent work lot the universities, 22 per cent commute outside of Denton, 25
per cent work in Denton service firms and 8 per cent are relir@d It is expooled
we will experience growth in much the same ratio except for a possible
increase in commuters and the possible Increase of Denton based indus
Islet employment of about S to 10 per cent. GOALS
A good business climate should be matnialned.
We should sttempt to attract Industry that would utilize the work force
generated by graduating students from the two universities.
It Is resolved that we are Clot a Woke-slack industry area and we should
direct oar efforts to attracting light industry.
1 Firms should be sought which use airline services In view of our proximity
to the nuw regional airport.
Cooperation should be given to local government officials to achieve the
orderly development of the area.
The joint city chamber of commerce program of selling our area to Industry
should be Continued
OPAWMMMWWM
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How Will We
Develop Culturally
As A Community
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--"We strive to create a community In
which alt people shall find it pleasurable
to live and work and In which everyone
truly enjoys life to the fullest."
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UR PRESENT SITUATION
There is a great deal of cullure presently available in Denton. There are
as many plays presented in Denson every year, for instance. as th.`re are in
Dallas. But despite the many cultural opporlunilies offered at the WO uni-
versities in the form of plays: concerts: recitals and the like, they ire not
well attended on the whole. Although they are welcome and Invttid, not
many in the communily outside the univer hies attend, The Only Cultural
events on a community-wide basis aI present ere the Community Jhorus
presenlallon of "The Messiah" at Christmas and the Fine Arcs Festival,
which was slaged for the first lime lest spring, The festival tnr;uded both
musical and dramalic presentation and the exhibition of art works. The
responsa to the inifial effort was very good and planning for future festivals
Is already underway. There is at present no community theater group in
Denton. The presence In our community of more than 200 foreign students
J provides both an opportunity and a challenge - and perhaps a responsibility.
I The community, offers nothing specifically for these students, Although there
j are small museums operated by the universities. neither has sufficient space
for a museum of any signilicance or to house adequately the items of Interest
which ought to be displayed. The cliy has no museum of any kind, although
the Denton County Historical Society has encouraged the establishment of
one, A museum could preserve and display historical and archeological
artifacls and items of interest. It could display painting and sculpture as
well as scientific exhibits. There Is present in our community a great resource
of talented people whose potential and willingness to serve has not been
tapped. There Is also a real hunger among a great number of residents
for increased cultural opportunities. A new public library his been added to
the Community providing library service for the county with space for the
f display of some art works.
SOME PROBLEMS
There Is no coordination between the two universities In the area of
cullurel events With such coordination, it would be possible to make better
use of presentations brought to the campuses. The wealth of talent at the
universities tends to spoil the people of Denton and to discourage them
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A Donlon Fine Arts Council should be established representing various
from providing their own cultural ac!'vifes. There has been a tendency to Cultural inleresis with responsibility for helping implement the goal% of this
rely loo heavily on the universities, which has resulted In an underdevetop•
meat of 0;her local talent and programs. The Community Building, beautiful committee and llheassist in securing a qualified director of the arts.
and use!ul as it is. is not adequate for presentation by the performing arts, A Center for t Arts should be built or acquired which could ad Of cOrn,y
Tree is a great reed for faahtles for exh b tin art works, science protjects, house at least these aclivities: A community Ihears fart t work both in
-
his'oricat items and programs such as plays and concerts. There Is no munily choral and instrumental groups, exhlb;lion of ail work educational
ccr^,prehensva program for ch,ldren and young people to encourage ap• permanent collodion and in amateur showtngs, displays of ases,
prtc Cion of Ire arts or to develop ta!eril In music, art and drama, While r0 nCiS f70m UbtiC SCh0015 and the UnIYQfSitiQS, arts and crafts ts ClaSa@S
the schools prov,ue some programs of this nature, more could be done and presenlations of debates, panel discussions, public forums, poetry readrg~,
should to done to develop real appreciation for the cultural side of file, lectures and similar gatherings, and space for a museum of Donlon County
In this speaator age, people are more and morel content to be viewers historical and archeological artifacts, including perhaps items from the
and not dQ:rs, The committee teals there are not sufficient opportunities university museums,
for pOrlirpaiion so the viewers can become doers. This is articular) true A comprehensive and coordinated community program should be de-
of 14 edufl who is not a part of a university community Ways need to be veloped for international students. This should include programs to orient
found to encourage the development of lalenl. And ways need to ~,4 lound them to life In this country, programs honoring them at a special celebration
to provide more opportunities for them to display their talent through per- and programs to allow them to visit in homes within the community.
formili and exhibit-ens We recognize that the future will find more people Adequate support should be given to the public library. A fivefold Increase
r records, film.
li$
with more leisure at their disposal, This has cultural Implications, We also is needed in the number of Volumes, other resources such p
recogniza the financial imptications of many of our recommendations. But strips and microfilms, and In the library budget and staff,
population gr.
we feet that none of these goals is beyond achievement for a community creases in ell these areas should be provided as the population prowss,
which seeks to be a place of pride and progress, y Mobile library service should be made available to all areas of the com-
munity. (see addendum)
GOALS
Every effort should be made by the community and ell governmental
Our man goat is the creation of a community in which an atmosphere agencies responsible for library fac litles to cooperate In developing a closer
workin relalionship so that library facilities presently available may be better
of openness and accepliti toward all people prevails; in which a Sptril 4
fossil @nl,ghtenment and encouraging excellence of lase flourishes; In utilized.
which the physical surroundings are aesthetically pressing, In short, we strive A deeper appreciation of the arts should be developed In the young
to Create a community in which art people shall find it pleasurable to live through the school system. An extended and more comprehensive program
and work, and in which everyone may truly enjoy Ide to the fullest, should be developed for leaching the arts In the public schools, Every effort
Cultural events should be planned with the greatest cooperation between also should be made to Stimulate deeper interest in rgeading with a greater
the university and 14 community to reduce the possibility of schedule eon- appreciation for literature among children and public schools This would
require en expansion of library facilities in ail the
flicti and to enhatiCe the opportunity for wider partiGpalion.
Avenues of Communication should be developed among the various sub-
within Denton - retired persons, students, racial minority
groups. Ire unrvea,bes-1o provide deeper understanding of and apprecill
ton Ice ere another. Various cv!tural events might be presented in all seC-
t-er's of hte dry in a program of cultural exchange.
Ways should be developed to make doers of the viewers In cultural areas
through community choral and instrumental groups, chamber music societies,
drama groups, arts and crafts classes and other means with opportunities ;
provided 10 display the results. 1 1
A full-time director of arts should be employed by the City of Donlon to
develop cultural activities for the Community. A department of the arts should
have sufficient staff and budget to assure it the Opportunity 10 develop and
maintain an adequate program.
20 21
How will we Support
Higher Education
And f
Our
How will we Continue'
Education As Adults
f ~
E
a
."The community should consider
- with the universities the establishment
of a privately-funded center for con-
tlnuing education,"
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ru1ONTINUING EDUCATION j
PRESENT STATUS l
E
There are only a few programs for continuing or adult education outside
the formal degree programs of the appears to W am Increasing demand for universities.
and
trained in vowonalh
technical skills. The public schools, the unlversilies and the Joint University
Center for Community Services provide fimited opportunities for eorilhuing
or adult education for Denton residents through special courses, Institutes,
workshops and seminars. The unlversity•ralated programs are, however,
usually in response to regional rather than local needs and the public school
elforis to provide selected vocational programs often fail to receive satis-
laclory response in numbers of students enrolled. For these and other ret-
sons, there are few programs at any level in vocational and technical areas
outside degree programs. There are opportunities within the city recreational
program and through the public library in leisure activities. There Is no
public facility in Denton primarily for adult education, More use could be
made of the Community Building, the public schools and the universities.
Denton is fortunate In hav ng an unusually large number of resource persons
for conducl'rng continuing education programs because of the types of busl-
mess firms localod here.
PROBLEM AREAS
The Increasing need for persons trained in basic vocational and technical
skills Indicale.t the need for post high school and other continuing education
programs. However, there Is no procedure in the community for evaluating
needs of this type and no coordinating mechanism to davits and effectuate
plans. The local problem Is made more difficult because it has no Junior
college, which In many communities provides the means for developing such
programs. Funding conslitutes a major problem of expansion outstde state.
aided programs In the public schools. Under present appropriations formulas,
the unlversilies do not have funds for extensive continuing education pro-
grams outside the degree programs. Major expansion also will requite 4611-
E ties, University facilities are often needed for present activities and there
t would be a cost factor even if they were available.
25
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GOALS
Denton should make a major effort to idenl y and meet local needs for
continuing education Through a countywide coordinating system, A new
focal publ b or quasi-public bcerd opera',ng as part of the cdy government could be given this responsb''Ity Amorg thr resources :,am which lhls
l 'low Will We
board could drew would be the school system, re ghboring ]unlor colleges,
Demon's nc of continuing the lens Stale Technical Institute In Waco. D eve lop Public School
'the concept pt of contnuing education should be broad enough to en-
compass not only technical and vocational needs, but human and cultural
needs such as use of leisure, active participation In community alfalrs,
concern for the well being of relghbors and responsiveness to aesthetic ,
experiences.
Education
We should consider with the unlverstlias the establishment of a privately-
funded center for Continuing education. It might be similar to the Kellogg
centers in other slates.
Every means should be taken to encourage stale support for coordinated
programs in continuing education.
HIGHER EDUCATION
The committee which worked on this section of the Decisions for Denton
report recognized the community's need to support the development and
expansion of its two universities. Because of the lack of time that would be
required to delve Into all of the Implications of this need, the committee ill"" v
recommended that further extensive study In the area of community-university
development be undertaken. Relationships between the universities and the
j eommuniy at large appear to be good, but there is no regular or continuing 0 }
Involvement of the lay community In activities supportive of university needs
and p'obiems.
Denton should make every effort to develop wide support and understand. a _ f y y ~l
Ing for our two universities. A rneans should be found to permit and lan-
Courage planned and coordinated effort on the part of Interested citizens a.
'R
to support the needs and development of the two universities in the areas s I r -~k ' At
of public telatiops, releilons with governmental agencies, in financial matlere
and in other ways. For example, the advertising program of the i Study
Group might Include regular messages In the Dallas-Fort Worth area tom•
munlcsVons medic. to stimulate broad regional support for the two Canton
universities, '
l --"We are fortunately provided with a
base to develop a school system which
has the opportunity to rank with only
those of highest quality,"
20
HERE ARE WE?
Young people In Denton are in an envfable position of being pal of a
community that Is educaGonalty or:ented. Education is Denton's leading
industry and the prime factor Influencing the social. economic and political
+ patterns or the community, in this climate, the challenge for excellence Is
self evident and we ere fortunately provided with a base to develop a school
system which has the opportunity to rank with only those of highest quality.
GOALS
Our general goal should be that every young person In Donlon should
be provided with the best educational opportunity to exceil In his selected
field and to enhance his development as a well-adjusted individual' and a
responsible citizen.
We should encourage broader participation of the citizenry In bond else-
tion3, school board elections and the general educational opportunities of
Denton's young people, We should expand communications to involve the
citizenry in future planning of the city's schools to the maximum degree.
We should provide counseling of the highest professional quality to
strengthen parent-school-student relationahtp3, to provide aid in the student's
adjustment and development, to provide early Identification at the elementary
level of emotional problems and learning characteristics with referral to
qualified professionals and to provide guldance in academic and career areas.
We should seek Improved curriculum coordineGon for the entire school
system.
We should make maximum use of wriouttants and research data on
! construction to provide quality facilities to maintain a stimulating environment
for learning,
j We should establish a community-wide kindergarten system.
We should expand technical and vocational courses for students who
work part time and make programs more responsive to the needs of business
and Industry.
We should continue to establish special programs to meet the various
+ needs of disadvantaged youngsters, coordinate facilities available to the
Donlon area for these programs and constder a program of bilingual
education.
f We should maintain schools that are adequately staffed by qualified and
appropriately compensated personnel who ere attracted and retained by
good, professional working conditions.
We should give financial support to public school education which Is
equitable, adequate and confinualfy-adapted to Denton's needs.
29
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mawnw".Ilol"i WOMEN
a
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f
i How Will We Be
Served Best By
Government
J
--"Our problem for the future Is to assure
.i
that local government will continue to serve
I us effectively and efficiently in a period of
l rapid growth."
C
is
Y
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ROBL£M5 AND OPPORTUNITIES
City (Government
The City of Denton, while slightly over 1D0 years old, has reached Its
present size and degree of development within the past 10 years under
the council-manager form of city government This has been brought about
by Denton'a status as county seat, by the No universities, by Industrial end
governmental expansion, the plans for the new regional airport and the
city's location near Dallas and Fort Worth. The problem for the future Is to
assure that local government will continue to serve us eflgctivety and officl-
ently In a period of tepid growth. This growth will place severe demands on
the community in terms of capital Improvements.
The cost of governmental services will continue to rise, Action of the
federal government In the area of urban affairs will be a factor, We will be
t leca homogeneous community with the InrluK of newcomers from other
/ill areas We will be transformed from a college town to an industrial-umlyersity j
city. The Increase in the number of aulomoVes creates a need for new f
G thoroughfares. A growing population places pressures on public facilities,
such as walcr and sewage treatment plants. Right-of-way tend for the
thoroughfares will cost from $2,000 to $4,000 per acre. Solving the drainage
problem will be costly, but it Is acute. Two of our four fire stations need to
be relocated.
1 intergovernmental relations probably Is the most complex, although not
necessarily the most serious, of all problems facing Donlon now and par•
ticularly will be a problem for the future. Denton County Is a tangle of
governmental authorities, olien overlapping In area and lunctions. Relations
with the county government are handled bilaterally and generally have been
good. In some cases, these relations have resulted in consolidation of city
and county services, such as the city-county library and the city-county health
E deperirrent. Relations with the Viola government In recent years have been
r somewhat difficult because the state legislature is rurally oriented This will
be relieved somewhat through redistricting which will resuh in greater repro-
sentalion for urban areas It Is Inevitable that relations between the,city and
the federal government will increase In the future. The nation appears ib be
entering a period of federal Intrusion Into urban affairs This will be intensified a
because of the demands lot services which cities and states cannot moll.
One result can be seen In federal &mends for regional planning as a
condition lot federal assistance. The whole area of Intergovernmental rela-
30 ~ 'v
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WNW-11 Now d 111
fens Is vast'y complex. it badly needs simplification through consolidation
of services, and partly through legislation to redefine areas of authority, and Denton School District
resPonsibilily, Growth has been at the rate of 300 slur 'enIs per t,ii and 300 students
The re'alion of the c-tizen to his local government is a major problem ccnsiVe a normal school building's CI ity. AddiYorral grcvlh will mean
facing us in the future, There is a strong tendency to lose one's identity in a new buildin,,s, more faculty members end continued strong financial support.
city of 43,000, a rgure Denton is i approaching. As more and more Ci0AL8
rehcomers move info Denton, the community will facd the serious problem
of educat ng these re,n res'dents in regard to the community Ono its gov- Our goal is to have local government units which are responsive to all
ernmen! systems if the ary is to continue vri!h good government, it must the needs of the cr, wry, includ,ng the needs created by rapid urbanlzafon
hav9 en informed citizenr . Along with the gres the problem of leadership. of the area wth ch are respans'ble to the cilizenry, which are effective
ant
Denlon lines long ii good leadership in depth. Its govemment of the 10 sofo,e'n caondmrnwumhichry prare cooperative among themselves in working icgether
to oblems,
future will depend on horn well it can ma'nl3ln such leadership.
We should plan for expansion of county government facilities to provide
Physical expansion and the capital to make these improvements presents for rrowih
a major problem. In the 1950•x, no bond programs for capital improvements
were Initialed Not only Is the Nty in need of faciOies to serve the existing We should provide adequate resources for grov.lh and expansion or Flow
population, but many projects must be w,iertaken to provide for gro,nlh• Memorial Hosp gal. Demands on the kuspital Include the need for better
employee bane ns, new equipment, more nurses and more licensed voca-
During the next five to 10 years, the City of Denton will have to spend tional nurses Most of all, the hospital needs ublic support
considerable amounts for major capital improvements, P and underslendinp
of its problems.
Land evaluations are Increasing S to 13 per cent a year, but city government We should seek a constitutional amendment removing the limit of an 80
costs are rising about 10 per cent Spending has exceeded revenues the rasl cent lax vale for operating purposes for the county govemment,
three years in city government. New sources or revenue appear to be the Study should he given 10 the tax structures of units of ovfrnment with
only answer, but finding them is difficult The average family In Denton is g
now paying nine dliferent taxes - city real estate, personal property, school, be the idea given of to all economy legislatiilion on assessing and
financial d collecting asaislenee frotaxesm . the eSeriouslate a 8and study should
leden rl
'
county, state property, state sales, city sales, federal excise and federal In-
come taxes. It is obvious that the city cannot depend on ad valorem taxes government government uandnits thperiodicrough re-evaluations the services of should
onal carried nn jointly by the
to finance all services and capital growth. A fair tax structure, equally professional personnel.
assessed, has attrooled business, industry end citizens to Donlon. It Is Im- Facilities of governmental units should be used for all community put.
portent to maintain this attraction. The city is now confronted by the need for poses The schools and the city in particular should plan together for Joint
more funds jusf when it has reached its safe debt limit, which is about 10 per programs, such as recreational and cultural programs.
Cent of assessed valuation. The present property lax will not carry a large Garbage and refuse handling equipment should be rrpderni;i with a 1qj
capital Improvement program. view toward compulsory garbage pickup which would enable the city to i
strictly prohibit burning in the city as a safety precaution.
County Government The Denton Fire Department should be upgraded 10 obtain key lire Ii i
Gi Also has created great demands on the county government. This surance rate reductions in the future. The department particularly needs
Is autos,., ad by the number of employees now working for the county and , equipment to fight fires in muiti•sfOry buildings, of which we now have
the need for additional office space. As the demands on the county Increase, several
the government Is celled upon to perform more and more urban-' pe services To insure an adequate wafer supply, the city must press for the Immedltte
and it is in need of greater authority to perform these functions. I construction of Aubrey Reservoir and vigorously
protect Oenton's Interest !n
Flow Memorial Hospital that watershed. The water Ireatment plan) should be expanded and additions
Although Flow Memorial Hospital is not an Independent governmental made to the distribution system. These are expected to cost $3,098.000 in
agency, Its needs have to be reconciled with others. Increased demands can the next f ve years. G
readily be seen in the area of health and welfare services with corresponding An immediate capital improvement program for the sewage system is
demands on the hospital as the Community grows. needed with the conslrucuon of a 1 million gallon per day treatment plant i
which would meet the needs of the city to Other improvements will to l
34 35
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i needed to strengthen the system as the city expends Hickory Creek watar-
M shed will have 10 be studied to insure proper sewage collection In the area.
The city electrical system is growing at a rata of about 12 per cent per
year. About million In bonds remain to be ands from the 1907 bond Issue How Will We Spend Our
i~ for electrical l system Improvameids. These funds will provide ide for tecilities
adequate to handle loads antic;poled through 1975. Another bond Issue will
be needed about 1971 or 1972 to provide additional funds to handle loads
ant In,9Imandlater.
Considerable Leisure Time To
Improvements to storm drainage facilities in the city will have to be undertaken in the Immediate future, Although drainage areas
have been provided, In some areas (here is a need to co,,crete the channels. Best Advantage
We recommend Vict the Decisions for Donlon Steering Committee create e
committee to stud; ways to finance the goals recommended in the Decisions
for Denton program,
w We recorn"rid that possible state and federal aid be explored to finance
expending government services without losing local freedom of cholce and
action.
We recommend the exploration of possibilities for new sources of revenue
on the local level.
i
We recommend the reevaluation of all property every live years so that a
fair and equitable tax burden will be shared equally.
i We recommend that lunctiona of governmental unils within the county be
consolidated wrierever practicer
We recommend that a governmental units planning and coordinating board
be established and rregt regularly to consist of the lop officials of the city,
I ~1 county, school d'striot, universities and F'Nw Hospital to coordinate commu•
} oily planning and services It would Irclude the mayor, mayor pro tam and u ,v 1
f' city manager from the city; the county judge, a comml,sloner and auditor
E from the county; the chairman and vice chairman of the school board and r .
the superintendent of schools, the presidents and vice presidents of the urnt-
fl varsities; and the chairman of the board of managers, the vice chairman and r r r, r I
lha admintstralor of the hospital. \v~
r , --"Play Is natural to men, It Is not merely
an escape from the pressures of urban
life or a using up of leisure tlrr•e, but also
a necesslity for man's health and a joy
i in Itself."
38
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RESENT CONDITIONS 1
Each person in our community should have access to a wide range of +
recreational fliv4ies, By day or by night, Indoors or out, free or commercial,
everyone must be able to find recreation, either at a spectator or a parlicl•
PAM. Recreational facilities and programs adequate Ic r is', the needs of
the individual should be accessible to koep the young conslructively occu-
plad, satisfy the special needs of the older persons and so be enjoyed by
families logethar.
Play Is natural to man. It Is not merely an escape from the pressures of
urban life or a using up of 1914ure time, but also a necessity for man's health
and a joy in filch. Recreational facilities now ere too few and our population j
growth will bring even grealer demands.
The supply of land available for outdoor recreation near urban areas to I
last running out. If sulleble land Is not acquired now, tomorrow may to too I
r late A park draws people and It Is a stimulus to the local economy. In fact, a
t park can Increase the value of adjacent land so that the toil of the park
land from the tax runs Is often at least partially compensaled for.
The demand for outdoor recreation areas fa growing faster than they Can I
be provided Much of the federally-owned lands suilable for recreation in
this area is too remote to serve population centers. Loce government does
not have the resources to acquire land for recreation, particularly with grow-
i Ing demands of urbarl4e ion and the land price escalation.
Indoor recreation for all ages Is equally is Important
The City Parke and Recreation Department
At present, the City of Denton has 142 acres of Pik tandd within the city
limits, of which 40 acres is undovel.~pli The city also hie 302 ease In
i Hickory Creek Loh* Park on the Qaria•Lltlle Elm Re=ervolf• There is a Voti
r round recreational program with activities ranging from athlslics to arts and
crafts along with therapeutic activities for the handicapped. The recent ad-
dition of a park ranger has helped to enhance the Camping attraetlon of
Hickory Croak Park. The foremost problem at presell Is a lack of commu• ;
nteation with the public At to programs offered. Facilities are needed in as 1
many as five areas of the city to house year-round activities. Major thorough.
fares, shopping c9ntsn, business districts and Industrial erase as well as
the university campuses - serve as barriers to divide the community,
39 r
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Multiple use of school facilities has not reached Its full potential, asps- There Is a clear need for additional playground facilities. To some extent.
Ciatty during the summer. Duplication of programs by private groups has this problem can be met by making available those facilities extent at schools.
caused problems. Poor accessibility to the lake perk and an Inadequate But the s;.hools do not have equal facilities and are not available to i
budget have delayed its development, All bond funds at proseni have been schoolers during school hours.
expended. There Is an excellent little League program but the school
Commercial Recreation gyms are open
on weekends In the summer only by prearrangement and on the payment
Services include a giant elide board, movlo theaters, riding stables, golf of a lee,
driving range, bowling, miniature gull, pool, roller skating, a music listening There Is a lack of both facililles and programs for the high school age
establishment and private club Iacililles, such as swfirri pools and golf group, Specifically, Strickland Junior High School lacks facilities for outdoor
COurseai sports,
Institutional Recreation From motives of both hospitality and commercial profit, we are obligated
Both univ to do ell we can to make the residence of Denton's 20,000 Unh itrsity sludents l
ersiYes have exceptional recreation facilities providing for more as pleasant as possible. Some 57 per cent of the students it NTSU are
opportunities than students cen, or will, lake advantage of. TWU has the 21 or older. That means their interests are more likely to be more similar to
more self-inclusive program. However, students from both universities travel those of adults than high school students. The standard for unlverpity iii
wide'y throughout the area to participate In racreallonat and entertainment dents Is to spend the evening In Dallas or Fort Worth because of the lack
activities. A lack of communication between the colleges end the community of facilities and particularly the lack of legal alcohol In this county. This
provides one of the greCesl handicaps to more complete particlpallon by costs Denton an unknown amount or money and it possibly exacts a toll of
students and Community in the activities open to all groups, human life with the students returning to Denton late at night on the highways.
{ Community Organizations There Is a shortage of recreational faciritlos, such es tenors, handball and
R Denton presently offers a number of opportunities for voluntary aervicAS basketball courts, Thern are low facititier for drama, arls and crafts or
1 ranging from the Denton Sports Association to the American Assoclalich of organized hobby groups. Commercial facilities also are limited. There
are
i Retired Persons With the exception of a few small groups, Teens Aid The few first-class restaurants In Donlon, partly because such restaurants
would
Rstardad (TAR9) and Boy Scout and Gill Scout units provide the only op. have to charge high prices unless they could make a profit by serving
portunity for teonagers to participate In volunteer work other then the Candy alcoholic beverages. Outdoor Iai:NVes for drama, ~oricarts. and other events
$tripers at Flow, Few opportunities are provlded for Southeast Danlon citi• are limited or r,on-exislenl.
zens to panic pate with the while citizens of Denton in such programs. Although a tenth of Denton's citizens are over 65, almost no provisions
Doubtless many opportunities are provided within the Southeast Denton have bean made for facilities for the retired person.
neighborhood itself for work of this nature. Negroes and the very poor have specialized need. For example, even the
PROBLEM AREAS minimum charge at the city swimming pool denies Its use to our poorest
Citizens. Negro students at the universities have expressed bitterness at the
There Is a need for new facilities and programs, mare information about lack of facilities available to them. Alleviating this situation might help to ease
faculties and program and a need for more coordination of activities, the rectal tensions that began to manifest themselves openly In our city
The amount of land set aside for park use is relatively small and the lest spring. Negro students who cannot afford to use the facilities which are
present city parks era not in the areas or greatest population density, Park available in our city feel they are hsi essed by police when they entertaln
facilities are few In older portions of town, especially the area west of the In each others' apartments. Whether this Is true or not, it is true
that this
j square. After mid-evening, there are few facilities avallebte lot recreation and s the way they teal.
i aMorrlainmenL University students In particular want facilities available at , It should be noted that there are many facilities presently available
which
Isla hours. Many went late evening facitiVos and would use them If they are utilized to their fullest extent by Danlon'$ citizens.
were available. All age groups need additionar facilities It should be made There is no program of Intramural sports In the schools Interschotestio
clear that different age groups hive different needs in fatuities and programs, athletics involve onry a small portion of the students and all young persons
but it might be unwise to segregate those facilities by ago groups Although should have a sports program available to them. Especlelfy noteworthy Is the
noisy activities should be Insulated from Ihos•1 requiring quiet, facilities for tack of any progrom for girls at the advanced elementary, junior high
end
each age group should be provided In each park complex, high school levels.
40 41 y
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There is a city ordinance prohibiting alcoholic beverege i in the Community We recommend development of a slrudturs and formula for cooperation
Building, This keeps cur city from hosting vortous convention and perhaps with the school district in oreer that duplication of facilities would not occur
restricts local groups from using the Iscilitles available. end thal full atifizalien of facilities would be brought about.
Experience in other parts of the nation has shown the need to take We recommend confinualion of the development of a full program for
programs to the Negroes and the very poor rather then simply offer them, senior citizens, including dance, arts and Crates, table and card games,
11 atso has shown the need 10 involve these persons who will be served in walking, and fitness Ulihzation of many senior atizen! es resource persons
all phases of planning and exoculion of such programs. in other groups would enhance the programs as well as provide them with
It became clear to the commillee that a major prcbtem was the lack of an opportunely for service
informalron about facilities and program!, We recommend the future development of a lighted municipal golf course
Townspeople not connected with the unlverslries ware not informed about onto the faclitas of the universities become overcrowded. lend acquisition
programs at the universilie., and u:.'vorsity students were not Informed about should be of immed ale concern due to on ever increasing cost factor. The
Programs In the communities, Those of each university were not aware of land could be used as a park until it is needed,
what was going on at the other. Exacerbating this r•oblom were such factors We recommend increased filness classes for housewives and working
as the pfonbitlon fit the universities against selling or distributing the local women, including jogging, exercise, swimming, lifesaving and individual
newspaper in the dormitories. The daily paper prints news of fecihl es and sports instruction
;rograms, but no regular schedule of available facilities and forthcoming
events. Orion the story In the paper Is too late for the cilizen to make plans to We shoulM t lve a orogram of sponsored trlps for children to points of
attend, inleresl in the su ound ng area. DCIh entertaining and educational.
Lack of coordination among the various groups presenting programs has, We suggest increased public relations eflmis for the entire parks and
perhaps, kept us from having more diversified offerings, retreallon program Addit anal staff yould provide an opportunity to develop w
i programs as yell as improve Community relations. 1
GOALS We should increase oppodumties for high school and university students
j We should expand recrealional activities to include adult education as to plan functions and programs for 1601f age groups.
well as the youth of the city. We should provide opportuniies for co•recrealion activities In both school
t We should construct and use multi-use facilities on elementary school and city programs
grounds, acquire 200 to 300 acres of additional perk lend with emphasis on We should develop outdoor facilities for basketball and volleyball - not on
neighborhood parks father than the large parks we have at this time, can- lennis Courts-- for both
programmed and informal use, such is summer
f struCl two more public swimming pooh In outlying sections of the city, In- basketball and volleyball leagues.
crease playground programs and facilities with supervisors, and Create a
program to Include many of the activities of the schools during the school We should continue the development of special events, such as the fine
term, These are goals J the city park and recreation department. It also Is the arts folk 6 folk lat. A }elk art festival using City, county end university
l h be! In
hoped that there can be in expansion of programs between the universities appealing and en arid enjdance musk, arts, Creru, canning, eta„ might be an
and the department, enjoyable underlak ng
We recommend development of a tennis center with lighted courts at which We should place increased emphasis an the development (it Cornmunlca-
InslwcGOn would be provided on a fee basis, it necessary for youth and lions with Southeast Conlon. We should develop programs and locilities
adults, eduhe and senior citizens. within vial area as good as any in any neighborhood and make provisloml
for increased parbCipahdn by residents of that area in all community programs.
We recommend expansion of the outdoor recreation program through such
activities as a day ! Imp in the summer f.f the underprivileged children in tie area of commerVal reGeal Cn, we EugglSl the extension of services
using volunteer teenage Junior counselors and university feCreation and to later hours s nce most close by 10 or 11 p m , the development of new
physical education majors and development of an outdoor recreation park above ajerage ieslawants in central end ahraclive locations, construction of
with opportunities for plCnlcking, archery, hiking, nature trails and mat-ire danc ^g and sie ^g eslabhshmenls providing' comtemporary music, both
centers. Bating, salting and canoeing clubs could be sponsored and classes live and recorded and we recommend that Leer and mixed drinks be made
fought, wadable for adu'I• of age rn mesa establishmehls if the amendment 10 the
consbl
We Iuggall Increased activities for tesnege girls lnclud;nq softball, basket- uhdn s p=550'1 1o rermrf it
bell, synchronized owed anp and madam dance. Tne sty and Ice un vers,ties should develop Let* means of communiee•
lion perhats a wee;fy Dlochute Id to published by the Chamber of Com-
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tterce elating programs and activities of the week. Thts could be made
available in the university union bu dings, In mo!els, restaurants and o1,her
places, Publicity should be channeled through campus newspapers. A co-
ordinalor of ctudent sctfvities Is needed for both campuses. And university ~~I v VIQe Best
events open to the public should be publicized through the daily newspaper, How Institutions should be encouraged to give special riles to activities on the
campus, such as footbail, basketball, dances, lectures and the like. Community
lend for parks might be requlrod of suburban developers In exchange for 111(6 I Ias u~~ O ! (r the city taking over mainlenance of new streets, An Ideal would
be to hr+ve ~ tt ~ 1 e park within walking distance of all citizens. The concept of a grain belt
around the city was endorsed. Health And We If are
The t should develop community canters where all age pruups eorld
share activities bowing everything from basketball cowls to s4lnting and
studygroups. The city might expand its inlernship program with the,.nlversities.
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."We would like to live In a community
where the people who need help can
find It In a minimum of time with AMmedl-
ete assistance,"
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NTRODUOMON
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We, the commillee, would like to live fn a community where the people
who need help can find it in a minimum of time with Immediate asslstanta.
We offer the following recommendalions: I
GOALS
We should have a continuing study of poverty in Donlon County.
Wo should have adequate finaneing for the Donlon C4-County Health
Department,
We shoutd form a cemlral Infp,mation end Counseling agency including
the concept of neighborhood salelliles in approprfale locations.
Ali welfare and social services should be made available to the com-
munity They should be the nucleus of a COmp~ehensive health and wolft:re
center.
We recommend expansion of the school nurse program to provide at lJ
least one nurse per school
We recommend the eslabfishmani of mental health facilities b include
expanded child welfare services. special family counseling service, adult
and Child relardaton programs and coordination with Vie existing Vale
inslitutions
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Add~tpomal probal~on officers should be pfovideJ wish emphasis on separale
off,cers lleimed to deal Apth juveniles and not dealing with adult probationers, 1
An educational program mould be Conducted on the dangers of drugs on
both the adult and juvenile levels And support should be given to local laws 1
10 deal herShly'rvith InOSe who sell iCegBl drUQS.
We support the formal on of a pre•malaf clinic, Including birth control
services through a Planned Parenthood unit. !
We support expansion and upgrad ng of day nursery care, 4
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We Support a continuctlon of the concept of the Pupil Appraisal Center at
NTSU.
We support the establishment of 4 denlel screening program Inoluding
treatment and prevention services.
We should expend speech and hearing facg4;es making services available
to the entire community and offering diagnosis without prolonged delays.
We should provide a program for the education and rehebllltation of the
blind,
We need additional nursing homes for the aged and modornlxatlon of
existing units.
We support the establishment of a day-night care centur for adults who
need minimum care of some type - such as the meals-on-wheels program,
homemaker care, etc. This also might Include transportation.
We should provide legal aid to those who cannot afford it.
Special eduullon should be available to alt who need it, Including the
so-caHed gifted child, slow learner and the emoroptally disturbed.
We should establish in emergency assistance program and a conpnuing
program of financial aid on a loan basis to those who suffer from temporary
catastrophes. We favor the use of surplus commod,tfes under U. S. Depart•
mint of Agriculture programs to prevent malnutrition In the county.
up-
We recommend that h list' be given to continual modernization t and ADDENDA
grading of existing healtlth fecihties and and adequate linaracial nclel suppo support for Flow low Memorial Hospital.
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libraries are linked by Telex with univers,ly, medical, and other special libraries the needs of the Community, and should be continually renewed by the
in the Fort Worth and Dallas ilea. Professional groups tan contract for serv• addition of new materials and by systematic withdrawal of materials no
ice w,lh the lr,ter-universi!y Council amid through the Telex, have access to longer useful, There should be at least two volumes per person in the
over 7.000.000 volumes coltoct on, In the Donlon library it would mean a basic Collection of
The American public library is a social invention designed for the preserve. 134,508 volumes The CCIIeCIierl is 18% cl what is needed for Denton.
lion and diSsemination of curtain cullufal produces of the nation and the The standards further state that Ilya library should have 150 periodics:s
Community in an age of widespread literacy. increased Irisure lime, and and should keep the fifes at least for ten years, Denton lakes 44 and does
de'nocralic responsibilities, thq public library was concelved and developed not haic rnary back Ides
to prowde ready and free access to books for oil the members of Ire com• When the htrary is up to nm mum standards in the book Cole)Ction, it
m,nfy The American society, exlo'Prg Social progress and individual im• Should add I'an,ed pictures, Iecordmgs and films for loan.
provement, set up the public rbra'y as an agency to insfdutionahze oppor.
tun ty for !ts Citizens, Just as other community services become specialized The r,eakress of the coalecaon is perhaps the greatest shortcoming of the
and can;ralired, so the public library became Ih:e cornmunily's depository of library in terms or the public seeking Information, If this sounds like a gloertty
knowledge, information end enlerlainmenl - in so far as they are conlaired piclure, Consider vie Wary of one year ago with its budget of $13.492 of
in library malerialsI which $10,251 ,,ere for salaries and $3.244 for books We do have a library
board (advisory in nature) and a stall which, although it is not sdequate to
Public librall serve the needs or Ine county, is gh'ing as good service as it can. The library
The estimated population for Denton County according to the Ceylon is open sixty hours a w]ok. If the <DroOhOn Could be doubled or trebled
Chamber of Commerce s 67 254 The Emily Fo,vler Public library in Denton the next couple of years, Denson would begin to nave ib library which could
serves as a aly•coun;y library. In addition Lewisville has a public library with nbee eeds w%uculturalld lone requre t sr,eubstantial Community i build a cy, and
on the a SINS D e
of r the
a rewr building under construction. Lewisville's library has a book collection Denton I ire gilts lm-th IN unusual o (he
Then
0f 7,900 volumes subscribes to no periodicals but is given 5, and has (his c ill are
to +mrc i n,pzrngrpued annually to nnually !o 0 X B uneep it usual si!u of exceed
i, year if budget of $9,000 of which $11 ,000 is for books. . a annual al Ill c up to or e
min mum sta•daru's
However, slice the Emily Ii Public Library Is for the county (on a con. Tne licit c I, r
tractual basis) as well as the city it needs to be viewed in tight of the County p b a , Should serve Ire whole commundy- business man and
rather than o l bon h gures City Al present it Is occupying a very tin! new farmer, children and teenager, housewife and Scholars. its collection should
y pspu a range over a w do variety of subjects on varying Ilvyls of readability if it Is
Path rig and has a budget of 540000 of which occupying 9 is designated for
salaries and $7,000 lot books It subscribes to 44 periodicals and news. to serve all citizens it must have an !'fective reference Collection in addition
papers, has a book collection of 24,507 volumes, and has a staff of 51/a of its eircutatmg coeleclron It probably should set up deposit collections
persons throughout the county or servo the people by bookmobile. JJ
In assessing its adequacy the Srandards for 7eyas Pubic Libraries were 11 can and should be the major resource for the citizens in this county. 1
applied , These are minimum standards based on ALA Interim standards for
School Libraries.
Sme'I public tibial es Libraries Can lie of ind tiponsaDle service in l !hop the dead weight of
1, Support According to the standards $3 SO to $4 00 per Capila is recom•
mended. Talking the lower figure it would mean an annual budget or money poverty and end graphically IS they are adrrotio eD'e in meeting what IS
dom.
$235.3890D Thus. the Gresem budget is ,1740 01 meeting minimal ~cefly caked "the ;nlormihon exploson."5
e'andaeds, 1ne library is not a shrine for 14 worship of books. C is not a temple
! 2 Budd rig The present nevi Wlding meets the standards for the city, How• where I,te•ary incense must be burned of where ones devotion to the bound
ever it wou'tl be inadequate if personnel and coueu ohs were up to book is expressed in ritual A library, to modify the famous metaphor Of
standard SoCra!es should be the delivery fovm (or the birth of ideas - a place r,hare
3. Staff: According to the Texas Standards there should be one staff mom- h-siory canes io life 4
ter lot every 2500 persons living in the library's service area To meet In the past five years the School Library, situation in Denton his improved ~
standards, 0e1sonmof would need to be increased to 269 persons. Thus, tremendously but it sbtl is tetCw standards There are thirteln school$ In
vatf now is only, 20% of what Is needed Denton Cre Sem c,r H gh School, two Jun or H-gh Schools, and ten Vernon-
4, Collections: The minimum standards state that the collection of materials tart' SCIII wdh am ail I "a' e'e--rotary school under ComstruCtion. the
should be adequate in size and range of interests repreSenled to meet total enrollmard is 61:0 pup,is Of P'ese Schools, nine have libraries with
raPn Pd so-0110A , fno ba4ry'! PuOht. ICmuTe l Unenbt/ 110:016 Now York epy) p►. 1.0 (Pgno~f Mxppf~, "Lpqxl rd. a Uri T uo" ALA e+rellre, LLAil fDIC6Tt,v, tHll, 1
N4. 4lap t
hO,TAn lim he~a err COnhnW tl ALA aW4bn, xLVrli totleDO, 1154), rr. Ill. i t
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!cur Of them having full-time librarlans, Fred Moore has a half-time librarlan
and the other lour have services on a part-time basls of two fbrarlans. In
addition there are elghl clerks to assist the librarians.
The budget for book purchases this last year (1968.69) was $24,900 plus
$8,000 for the opening day collection of the new Ginnings elementary school,
The total book collections of the schools at present are as follows:
Senior High School 12,548
t Strickland Junior High School 6,017
Seventh Grade 5,an
Another 5,718 books will be added when it Opens
as the Congress Junior High School In the fall, 1969, TATISTICAL DATA
` NTSU Lrb School 20,070
TWU Demonsiraf0n 6,267 /
Woodrow Wilson 5,290
l Newton Raynor 6,157
Fred Moore 1,600 LAND AREA: Denton County has an area of 958 square miles or 813,130 I
Ginnirgs 2,02 7 acres. Of this area, 9108 square miles or 582,784 acres Is land and 47,3
The room collections in the fo6owing schools total: miles or 30,272 awes is covered by water, The City of Denton so of 1989
Jefferson Davis 3,950 has 22.78 square miles or 14,5684 acres.
Sam Houston 8,689 POPULATION: April 1, 1960, the Bureau of The Census Issued a report that 3
Stonewall Jackson 4,758 the population of Denton County at 47,432, Frovlslonat estimate for 1967
Robert E. Lee 3,381 were 69,300, a gain of 46 per cent. The City of Donlon In 1909 is estirraled
These coltecllors add up to twelve books per pupil, falling tie standard of to have a popuraGon of 49,000,
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twenty books per pupil by almost 50%; furthermore, the distribution In the SCHOOLS: Denton has two universities, North Texas State University with
schools does not make this minimum figure valid, Also, there Is no assess- an enrollment of about 15,000 and Texas Women's University with an enroll.
ment of the quality or age of the books in the collections. The newer schools mint of 6,000. The Denton school system has 10 elementary sehooltt, two
Codealons are undouMedly, current, but the older c011ecG0ns probably need junior high schools and one senior high. These have a total enrollment of
weeding, 8,851. The Donlon State School for the mentally retarded has a capacity of
ed statistics on audio-visual equipment and material were available al- 1,700, which Is continually tilled Selwyn School, a private prep school, he*
though most of the schools have come. 12 grades and Is coeducational.
HOSPITALS: Flow Memorlal Hospital has a capacity of 240 bide. The Denton
Special Llbrartaa: Osteopathic Hospital has 25 beds. l
Denton seemingly does not have any special libraries worthy of naming, UTILITIES: Denton Munic;pol Utilities, city-Owned, has s total electridd
Flow Hospital has three very small collections of medical books and journals capacity of 125,000 KW. Gsras-Little Elm eservolr la the city's source of
for the doctors, and for the riving stall, and a very small colloction of paper water supply with 11 artesian wails in reserve. Two sewage treatment plants
backs and magazines for the patients. No one person Is In charge of these have a capacity of 3 5 million gallons a day. Gas Is supplied by the Lone
collections which have been built up chiefly through guts, Star Gas Co and telephone service by General Telephone Co. of the South.
The special groups in Denton would do well 10 lnv$st;gole the services west.
available from the inter-unlversily Council's Telex system. In feel, probably TAANSPORTA110Nt Demon is served by the M,aaoufl•Kansas-Tex s, Santa
more thin a library, the groups need a librarian to assist them In utilizing the Fe and Texas s^+d Pacific railroads lot fait frolght service and by motor freight
l resources in this arse, lines. Continental Sw Syslem serves the city with bus transportation, Dallas
So In 1989, we have begun the work of building library resources In Den- Love Field, one of the world's busiest airports, is within 30 miles of Oenion,
ton, but we have a long way to g0 before the library can be a positive force The Donlon Municipal Airport has a righted concrete runway 4,150 feet tong
In the cultural life of the community. Krowing where we are now, wilt help and 150 feet wide.
us achieve our decision to have mope adequate library service for Donlon.
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OTNEA FACILITIES, There ere 65 churches In Denton representing 21 de-
nominations,
111olfcourses, m001 n dailyrestaurants 42newspaperof, enri
vaAouMs•FM radio elation, a public ,
I bialy, Ihree , 41 apaon a com• 12 g
types
0 pool and
selhe sitemofb+tthe fve•slato s PeporapUnde p oun+d+Centermof the federal 1
government,
INDUSTAIAL OEVELOPMENTi Denton has V rnarutacturing Industries en. ,
gaged in making 'wearing apparet, asphalt, brick, builness forms, food pro-
cessed products, gas lanks, mobile horn&.%. commercial trailers, p1as11C prod-
ucls, concrete, welding equipment, gauges and jewelry, /
FINANCIAL INSTITUTIONS: There are four banks and two savings and loan
Association$
ANNEXATION
Following is the schedule for propot;ed annexation quotas lot Denton for
the 006011 indicated:
1969-Presently there are 22.76 square miles or area in Denton, State law
Avows annexation of 10 per cent per year,
1970-6 828 miles annexed 10 bring the total to 29,59
1971-2 96 miles annexed to bring the lotat 10 3215
1972 25 miles annexed to bring the total to 3580
1973-3 58 miles annexed to bring the total to 39.38
1974-3 94 miles annexed to bring the total to 43,32
1975-4,33 miles annexed to bring the total to 47,65
Thefelore, Denton by 1975 would have 4165 square mites of area or
30,498 octet-ar, increase of 24 89 miles over the 1969 area.
POPULATION {
Damon is expected to increase its population from 2,500 to 3,000 per year,
11 his an estimated 1969 population of 43,000, Based on the moan figure
of 2.760 per year inii the population growth would be:
1969-43,000
1970--55,750
1971--48.500 ;
1972-51 250
1073-54,000.
1974-56,150 I
1P75-s9s04
This w0ufd be An Increase of 116,500 persons or About 4,125 13milies, About
1 SS per Cent will live fn muf i-family units (2,269) and about 4$ per cent will
five in Single-family units (I,b56).
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YOU AND DECISIONS FOR DENTON
These proposed goals recommended by citizens who attendel the Deci.
dons for Denton meetings during the post year are submitted too your coralder•
ation. They are slater,ents of ambitions. wishes and directions that the people
of Denton hope to make as a part of the process of being Involved and of
responding to the tremendous oppoftuniliss and pressures of growth; of seeking f
a united eommundy In behalf of its people. its welfare and future; of planning
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and taking action that accrues ;o the benefit of all its eitizet , and that prosorves
the historical and religious values that have given a dignity and a moral and ,
ethical foundation on which the future may be built,
Building the community Is a lob tot ALL Donlon's citizens. We encourage
you to join to tl's undertaking and to contribute your ideas about Denton's
Decisions on this card. k 1
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I to, eve t1'30 the surf vents of Decisions for Denton should be adopted as
a csa'o-111 o' I leeta0~ Lt futu+e community development.
In cod boa to the statements of Decisloos, I suggest the followings +
I +,oj'd be wilting to work on future Decisions for Denton pfotrams to can.,
s :of a°e ^a^tie means of obtaining these goals.
A,dress_----- Telephone.__
Piaaso Return to Oeoislons lot Denton
P.O. Drawer P, Denton, Te,tas 10201
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CITY OF DENTON
MEMORANDUM
DATE OF MEETING: DA f
CITY COUNCIL AGENDA ITEM
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SUMMARY: Renewal contract of the Professional Appraisal Co,, Inc.
for tax appraisals.
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FISCAL SUMMARY: Financial Impact, $7,200, I
F ACTION REQUIRED: Approval or rejection by council.
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ALTERNATIVES: If approved, the appraisal company will do city
" appraisals for the taxable year of 1980. If rejected, {
the adding of additional appraisers to the city tax
office.
STAFF RECOMMENDATION: Tax Assessor recomends that the contract of
of the Professional Appraisal Co, be renewed
and executed by the City Manager.
Contract attached
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(Signatur. of Person Making Requeet)
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TEE STATE DP TEXAS I KNOW ALL MEN BY THESE PRE)ENT91
COUNTY OF TARRANT Y
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That this contract is made and entered into this
day of , 14$0, between the City of Denton, Texas,
c a Home Rule Municipal Corporation, Denton County, Texas, herein-
after retecred to AN 'City', acting herein by and through its
t mayor, and PROPESSIONAL APPRAISAL COMPANY, INC., a Texas Corp-
} oretion of Arlington, Tarrant County, TexAS, acting herein by
~ j and through its Presidantt hereafter referred to as "Company'.
4 HITVESSETH
WHEk.°.AS, the City Council of the City of Denton has
determined that there is a necessity for and that it will be to
the best. interest of the said City and the taxpayers generally
to employ expects skilled in the appraisal and evaluation of
property so that alt taxable real and personal property may be
properly valued for taxation and the values thereof equalisedi
II and said City desires to obtain information, data, and assistance
1 to enable its Tax Assessor-Colleotor and board of Equalisation
1111 better to perform their respective duties and functions. as to-
quirad by laws and
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WHEREAS, the appraisal end evaluation of taxable seal
and personal properties tot ad valorem tax purpiees is a special-
lsed art requiring tratninq, skill, experience, and export
knowledge► and
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WIMRSAS, said City Council of the City Of Denton
believes that the Professional Appraisal Company, %no. and
B. Barney Baker, President thereof, possess special skill,
technical knowledge, and the experience required, essential, jJ
desirable, and necessary for the Appraisal of taxable real and
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personal properties and the furnishing of export advice and
assistance to its taxing officials and that it should contract
for the services of Professional Appraisal Company, Inc. and
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S. Barney Baker in the amounts hereinafter statedi
NON, THEREFORE, PREMISES CONSIDERED, the parties AGREE
as follows
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City hereby employs the Professional Appraisal Company,
Inc. to make a survey of all Properties, real, personal, and
and to •stab-
mixed, situated within the boundaries of the City
S fish values to that a program of annual updating and equalisation
of property within the City may be instituted to the extent it
is soonomical and feasible so that the value of properly will be
realistic, fair, and equitable for all ensuing years.
` 3.
E The respective duties of the parties are as follows$
V A. City A02tsI
It To provide all building permit information
to Company.
! To provide company a list of all new Nub-
divisions or additions recorded during the
year and a copy of the plot for each.
1. To provide Company with a list of pro attics
on which coning hat bean changed ao that
valuation corrected toc reflect the changefinesoninq~
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6. To review all appraisals submitted by Company. +
i S. To prepare valuation notices as necessary for
all properties on which the value has been
changed,
6. To arrange a time and place for the board of
i Equalization meetings and notify Company at
least thirty days in advance in order that
Company may have a representative present.
a. Company AGREES, at its eapenea,
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1. To measure all newly constructed or altered
buildings, obtain pertinent data on same, and
make an ■ppraisal on these residential prop-
erties within the city limits from building
permit information.
2. To check the personal property route list by
driving or walking each street, road Or high-
way in the city for the purpose of o9talning
{ pertinent information on changes, additions, or
deletions which should be raei a part of the
personal property route list.
1. To appraise all new commercial and industrial
structures,
6. To review all personal property renditions and
assassmentar and to appraise all now or enlarged
firms for personal property values.
fl S. To appraise all new subdlvialona tiled within
the City.
d. To reapyyralse all properties on which the
toning Us been changed,
7. To reappraise all srASS on which site plans
are accepted by the City.
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6. To maintain a sales/analysin/ratio study of
t properties throughout the Uty.
f I 9. To reapraia• any property, either real or
f ••rona1, deemed neadful of adjustment by the
j 1-4 Assessor or the Company.
10. To provide consultation to the Tax Assessor
I as naedsd.
It. To provide for a qualified representative of
the Company to be present at all meetings of
the board of squalllation.
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A. That the Company shall be employed by the City V3
I~ € provldv services herein described. The term of such employment
shall begin on the Vrot day of _."otenber . 1919, and shall
be for a period of one year.
t H. Assuming the Denton Independent School District
loins in the executlon of this oontrect Company agrees that the
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compensation for the )pint sarvices to be rendered by Company to
the City and the District shall be in the total sum of $11,000.00
which total sum to be paid in monthly installments of $1,500.00
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each, of which amount District will pay to Company (900.00 there-
E of and City will pay to Company 1600.00 thereof, with the first
installment due on the first day of ssotember i 1979 and like
payments on the first day of each succeeding month thereafter
k until the total sum of /11,00040 shall have been paid.
C. Should in the conduct of thate services for which
Company is being employed, the personnel of Company conduct them-
selves in such a manner at, in the judgment of the City Council
of the City and the Board of Trustees of the Dtatrlctl assuming
District is a party to this eontracte to be damaging or jeopardis-
ing the relationship which each has with the citisepa of the
District and City, notice In writing of such fact shall be given
f to Company which shall then have a period of thirty days to assure
District and City that such conduct has been correoted and it
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such assurances are deemed Insufficient by District and City, than
and in such avant this contract may be terminated by thirty days
notice to Company.
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~w.ti(f{N+n'e''6'....-_. _..w..a;nr.acri.rw.e. uanv.«.n.,.~..,.........w.an.w.. a...a...~.w... r»-.........
r'
• x'
I
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D. It is further agreed that all information gathered
and ❑saembled in whatsoever form b- Company for City on the up-
dating as ret forth in this agreament, shall become the sole
properly of the City and in like manner, should District join
in this agreement, ■ll information gathered and assembled in
w i whatsoever form by Company for District on the updating is set
f forth herein shall become the sole property of the District and
E upon termination of this agreemnt Company agrees to deliver
custody of all such records and information to the City and
s District respectively.
E IIIti
#y IN WITNESS WNEPLEOP, we execute this contract on this
i day of , 1979.
CITY OF DENTON, TEXAS {
by
TV"
111 G. Chrl1 Nsrturfg, City Menagar +
ATTESTt 1
eoo . Holt, -dy Itrotary
CITY Or DEINTON, TIM
F I i
i
PROFESSIONAL APPRAISAL COMPANY, INC.,
a Texas Corporation i
Barney A Bake , re)~ sidene " -
I
f'
UNIVAC
PARK CENIMAL, SURE 300 ? tT 1540 "1 ERE[WAY
DALLAS, 1EKAS 76951
?EL EPHUNE 1914) so p. 1100
September 21, 1978
j
j
Mr. Tom Hopkins
Director of Data Processing
City of Denton
Denton, Texas 76201
Dear Toms
The attached list of rental credits from the current
6 year agreement will be carried forward under the new
'T year agreement, Upon acceptance of the 7 year year
agreement, the new accrual schedule will take effect
with maximum credits, including those accrued under the
6 year agreement, and shall not exceed 70$ of the pur-
chase price.
I
I I
S~~~ e1y
bred W. o
Account Representative
Sperry UNIVAC
FWH/lv I
I
Attachment
I
i I
9PERIIYUNWISA0WI30400SPEAAY RANDCORP WKY
t'-
.vt ~~3ft
CITY OK DENTON ACCRUALS:
ACCRUED THRCUGH SEPTEMBER 1~ry8
Type/Model Description Purchase Accrual Net
t,
J
3029-95 90/30 Processor, 164K $126j ?20 $22j2572 $104,148
F2089-00 Multiplexer Channel 12,78o ,
F1622-00 Storage Protect '720 2125 18'595
F1623-00 Micrologic Expansion 4,560 809
0716-91 Card Reader, 80/96 Col. 20 3,751
0776-oo Printer, 760 LPM +208 31602 16,606
P2216-09 Print Cartridge 40,800 7,273 33$7
64 Characters 1,k40 251 13189
F1621-00 Integrated Disc Adapter 12,000 2,143 gg g5
8418-94 Disc Stora (3) 66,240 11,799 54;441
(57.8 MB
5045-00 Uniservo 10 Control 12,192 2,166
111 0870-00 Uniservo 10 10,426
11,376 2,029 9047
F1625-99 Communioations Adapter
-00 Synch. Line Adapter
P1826-00 906o 1'iG 7,696
P1826-00 Syno.Line Adapter 7
12 160 201 Modem (2) 3,828 843 2,9752
85
j F2318-99 Storage Expansion
P2318-98 Storage Expansion' 65K 10,800 1,927 8 8
03
F1826-00 Synch Line Adapter 5 21'902 3 159 ~7'7.53
8418-94 Disc Storage (57.8 MB) 190872 3i605 16,267
TOTALS $376,932 ;67,363 $309,569
i
SPEMY+ UNIVAC
.
i
M]I.aai~
~~-UNIVAC STATE, COUNTY,AND MUNICIPJ IL -
sit-
GOVERNMENT AGOMWE'NT
' GROUP A 6 B EQUIPMENT
S -C -pgn~-- 7 Year Lease
sot 21 S t?cgt nnev with
E Purchase/Equity Option
R
TOOL 1O..PL[T[O 'P OTHER THAN AeOV
t
5NS city of Denton
j A AERa[Ml NT NUMeEII
i[g6 T 215 it F.cKinnW 6002054
Denton, Texas
Sperry Rand Corporation, acting through its Sperry Univac Division (hereinafter cal led "Sperry Unlvae"), upon its acceptance here-
of by means of signature In the Acceptance block of this Agreement, shall lease to the Customer, subject to the Terms and Con-
ditions hereinafter stated, certain Products, consisting of the Equipment listed below to be Installed at the above address, together
with Documentalion, Programming Aids, Training and Technical Services and shall furnish Maintenance Service with respect to the
Equipment.
i EQUIPMENT LIST
ITEM T.PE a110UP OESC RIPTION NO. a1 NO. N0. UNITS
1. 3029-83 A 90/30 Processor 32Y l
t
2. F2318-00 A Storage t'xp 161: 1
3. F2318-02 A Storage Exp 16K I
4. P2318-01 A Storage Exp 32K 2
5. F2318-99 A storage rxp 32K 1
6. F2318-9B A Storage Exp 65K 1
{ 7. F2319-99 A Storage Up 65K
l B. P2099-00 A Multiplexer Channel l
9. 5045-00 A U-10 Control 1'
` 10. 8418-94 A Disc Storage 4
r 11. F1622-00 A Storage Protect 1
12. P1621-00 A Tntg Disk Adapter 1
t 13. 0870-00 A Uniservo 10
14. 0776-00 A Printox 760 LP.M I
f 15. 0715-91 A Card treader & Control
16. F1625-99 A Comunications Channel 1
176 P1623-00 A Hicrologic Expansion 3
18. P1826-00 A Syn Line Adapter
19. P2216-09 A l;od ASC Key i
k 20. P1266-02 D Direct Interface
2
# 8574-00 D 201 Modern 2
21
.
i 22. 8594-00 D UTS 400 Control 5
I, 236 3548-99 D UTS 400 slave S
24. P2273-00 D Keyboar 64 Char
~L e-? hfS r~10Q Equipment list continued on page 2.
AccePT, NCP3a a- ger o g-b- lPya#pme
AaPLlrlrr VNIVA oD4,116,04 OF YeMr RAND CORPORATION, (Tf Ir .AYtl
eetrrANet By IrTra R.. {I A T, F, Hopkins
%
9/25/78
J aA~~ .I ...wu
,
aiwryRr . A. SPE F.R ra 9A I9
jCO; IiEk 06 JJEW OfaEERAMNS Director of Data processing _
TI TIE
t1 it {
IN n6 in
Ufa r
Val-loss
i
owl
'k•
SCHEDULE A
PURCHASE PRICES
iT EM NO. OY tY►[
NOJ UNITS NVM[[_ UNIT [ATiND[D
3029-83 PURCNA[E•NIC[ PURCNM1,Y-1--,
1 e1[
$70.632,
70, ..2. 1 2319-00
3• 1 2318-02 6,048. 60048.
60048. a,aa.
4. 2 2318-OA
21,600,
5+ 2 2318-99 3008006
66 1 2318-98 9020. 1904406
7• 1 2319-99 19'440' 19,440.
8• 1 2089-00 17,280, 17,280.
i 9• i 5045-00 11,232. 11,232.
10. 4 8418-94 12x192 12,192.
11. 1 1622-00 19,872. 79,408.
32• 1 1621_00 648. 648.
13• 1 0870-00 100800. 10,900.
l 14. 1 0776-00 11.376. 11#376,
f 15• 1 0716-41 40,800. 4000006
16. 1 1625-99 18►187. 180187.
17. i 1623-00 8,424, 8,424,
l8. 3 1926-00 4,104. 4,104,
k 19. 1 2216-09 760. 2,290.
200 1 1266-02 1,440. 1,440.
216 2 8574-00 320• 320.
11,914. 22• 1 8594-00 3,220. 3,828.
23, S 3548-99 3,000. 3,120.
24. 5 2273-00 15,000,
25. 1 2283-00 7604 3,520.
26. 2 P2278-00 520. S20.
27+ 1 P2285-00 440. 880.
28. 1 02287-00 b80, 6a0.
296 1 02279-02 - `
I 30. 5 02272-00 `
31, S 02274-00
32, S 02277-03 y
-
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y' II
TOTAL
lll~
•[A Mt IttM NUMNEAS At EQUIPMENT LIT AkD JCNEDUIt
--`.A.a6 aaa.+.Yr.M MAW S.w1';N riww.r+i Rti...W. RRw a.rvw.U:. to
-
I
k1
PA
p p A p .
SCHEDULE B s a.. ,.1~•
MONTHLY CHARGES
ITEM NO. of iTP[ YNI, MdRypi 1/fF r~Cj YMf ..tt L.ftNpl. BASK
N0. UNIT/ NVMO[11 tOYI.Mt4? . yf M.w aA l Y. M kot lt N. t,G~ tN6..l CM..]{
1. 1 3029-83 S 1,141. $1141.1 384. S 3840
2. 1 P2318-00 97. 97 24.
24.
3. 1 P2318-02 97. 97 24. 240
4. 2 F2318-01 172. 344 43. 864
5. 2 P2318-99 156. 312 35. 700
6. 1 P2318-99 310. 310, 70. 70.
7. 1 P2319-99 279. 279 55. 550
8. 1 F2089-00 181. 181 49. 49.
9. 1 5045-00 195. 19570. 70.
10. 4 8418-94 320. 1280 930 3126
11. 1 71622-00 10. 10 .
12. 1 P1621-00 172. 172 55. 55.
13. 1 0870-00 183. 183 66. 660
14. 1 0776-00 656. 656 200. 200.
15. 1 0716-91 2960 296 113. 1130
16. 1 F1625-99 135. 135 38. 38.
17. 1 F1623-00 66. 66 18. 14.
18. 3 F1826-00 12. 36 7,
j 19. 1 F2216-09 23. 23 - 21.
20. 1 F1266-02 5. 5
21. 2 8574-00 31. 62 14. 2R6
22. 1 8574-00 61. 61 21. 216
j 23. 5 3540-99 48. 240. 2 1606
1 24. 5 1'2273-00 12. 60. 41 20.
j 25. 1 P228S-00 8. 8. .
26. 2 F2278-»00 • : 7.
14 2.
4.
27. 1 F2286-00 11. 111 4, 4.
28. 1 C2287-00 » -
29. 1 02279-02 - -
30. 5 02272-00 -
31. 5 ('2274-00 - »
32. 5 02277-03 -
i
.
TOTALS ► 62 1. 1..__J
MAINTENANCESERVICE T TOTAL MONTHLY EQUIPMy L.--J
ANO EASEMAINTENANCt166•
1. PRINCIPAL PERIOD OF CHARGE
MAINTENANCE A.!.
P.l:,
1. OPTIONAL SCNEDULtO ADDITIONAL MONTHLY -
EXTENDED PPM FOR CHARGE rOR
GROUP A EQW►MENT EXTENDED PPM
VANE ITEM NUMMERS AS EQUIPMCNT TOTAL MONTHLY 58166. -
LIST AND SCHEDULE A CHARCO
!
s
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I
'a'{..Wt4M°u ••n _ n.. rn.n.. vn .r n.r., ..ne ..u.Y«...v sn.wrn ws/.ai W.u.y..'.w wrson..r._._._.
_ i1Y W.N.wv. v
1Ij
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SCHEDULE C i
PROGRAMMING AIDS*
ITEM NO.
DtlCIIIP~
TION D"WRRV DATE
£ l• OS/3 Operating Spates
2• Ii19/90 '
? 1• Dataiutilities
Rvo
51 nub Set Cobal
Q• hvsr Cobal
7• As$*Mbler
0. 09/3 Sort
j 4. 03/3 YCAm
10. MCI-"
s
y
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E
.A
66PERRV UHIVAG 14ALL HAVE THE RIOMT TO SU@STITUTE ►UNC fIOHALLY EQUIVwL►./T i000RAMMINO AID1.
4
City of Denton
7 Year Lease
with ,
Purchase/Equity Option Agreement # 6002054
Equipment List continued from page 1.
9
t Item Type Group Description
NO. Noy of I
_ Units
25. P2285-00 D Periph Interface 1
26. E2278-00 D Display Drive 2
27. P2286-00 D Syn Interface 1
28. C2287-00 D V24 Modem 1
j 29. C2279-02 D Screen Format 1
30. 02272-00 D Net. Char Domestic 5
31. C2274-00 D Keycapa Domestic 5
32. C2277-03 D Keycaps
5
F
{I
{
' - -tFRMS AND CoNDMONS +
1. DEF1141TIONS
The Following such eAended period of maintenance shall be consecutive. of
r The g leans shall have ms meanings tat fettle below utrifam duration and shag smmrdialely precede Mvw fellow
whenever Ivey are used in this AOreer henl, including the priced- the P/inalptl Period of Monte nanca e as scheduled top the ebna
inp page day. Adddrorral charges and other Items spptktble to the so.
(a) Docurneniabon" $half mean the than cmrenl standard vtsw tended Period of mainenanct shall be in accordance with Spee
ally readable malerials published by Sperry Univac for Customer ry
use with the E ul time suclK published charges and seems kin ed at the
q pment or the Programming Aids time ht ex'hemde tended period eriod of f maintenance Is Scheduled by 6y Sperry
(D) "Equ~pmenl' ahelf atl mean the lea items ms bated on the Equipment Univac,
ell n,
or Ihis Agpreement and as modified by any supplemental (d) Upon thirty 1301 days prior rv'i f. request by the Customer
Equipment Schedule any #A lend ad period 01 maintenance scheduled hereunder may be '
10 'Programming Aids' shall mean the programs, rourinee. modified sub)hct to aDVOpdere ed)nrlmemrs In accordance with '
subroutines, irenslaton, compilers, operating systems, and n- Sperry Unl vet's sen and Published rates in e"ecl of the bass
Idled delve which Sperry Unlvac has announced ar Ini r announce ell the Cuslomei a ruluesl,
hoe the Equipment while this Agreement is in erfecl, tot see by (e) Where
Cars'Vise wahov add remedial mairnrnxnce service h commenced during
e additional charge. the Principle Period of Mlinionanee Ind Is continued beyond the
01 Equipment is oabe nn1 alled,rat or rooms Addresses designated here. mredei untie thedtime workedaaftei the Prriincipal Pril arge or MatDM
lenience exceeds the time worked immtdlalely placating the and
le) 'Products" shall consist or the Equipment. Documerelabon, of the principal poricd of Maintenance,
Program, Aid$. Training and Technical Services described Where EQulpmanl designated as Orosp (B) In the Equipment
It, this Agreement `II
. st It terslaled at a loe460n of the Customer which is more
(I) "MunthlyF uipmant Charges" M+0 mean the monthly char as man 25 miles beyond the city limits in which a Sporty UPI
the Custneagir is obtiCpaled to pay hereunder or the use of he Ala,,l$aann $llm Vca Off" q located, the Customer Mail be
Equipment, whether IthOle chargQes are designated by Sperry Unl• chirp. d at the Sperry Unlvac standard hourly Palms, applicable
Inc as Montly Rent or State, County and Municipal Government at the came or Via servits call, for the time of Sperry Vnlvat'S
I year Lease Charges Such Government I year lease Charges personnel in tr. volinG V excess OF me 25 mile limit to and from
are hereinafter referred to as "T year Lease Chugus" Ibis Cullomoi t Inslplafice,
191 Except a! otherwise exprsssry, provided In poegraph (a) or
2. TERM OF AOAEEMENT this Section S, the Furnishing by Sparry Unlvw Of any remedial
Imps Agreement than become milli on the dale it Is scraped maintenance "Nice outside of the Farlneipaf Period A Mainle-
D Sperry Unvsc. It shall continue in 1i for an Initial term once shin, be subject L7 Sperry Univi standard published'
of seven 0; yeah, starting Iran the date specified in Saclion charges and arm In affect at Ina time Of the furnishing OF ouch
ID (b) for commencement of Mai lnly Equipment Charges For Service, aepticobfe 101ha Equipment Nrvlud,
he rust anti of fqulpm~nt netaned under this Agreement which {{M The customer shah provide, at its expense, for 11 01 Sperry
h li$led in the Equipment Schedule on the effective die at Univai maintenance peeonMl, and rOboneblyacasfible %a Me
Ihis Agrteri This Ageeemenl shall COnlinuo in effect after Equlpmen6 adequate and Secure working end storage apace end
the indict term until Ievmmalod or cancelled In accordance Iac"'tula AS may be naaded by SPerry Unlvac In order to two.
with the provisions of Section 13 Vida p,oper malnlenence service of the Equipment.
{II Trip Customer shall be rosper lble lot the use, Care and
clil nip 01 she Eauipmenl in actordanCe with InattyClloese rur•
3. INSTALLATION AND SITE PAEPAAATION nistod Dty Sperry Univac. yyMn a Mipd ariN1 tit maintenen0a
Written Installation phnnn Instructions or Specifications w111 earACe the Cufldrtrer shill nOh1y sorry Urlvat'1 msomhomence
be Furnished by Sperry UnRat to the, Cusnumer at lean thirlyy h. nonnor Immedleiaty, allow lull ACdta o the Equipmenl Ind
1DO) days prior to the scne0ute! deuv+ry d+le of the EgWpmenl. ' Wase that WF,mani to Sperry Unlvats for mantenance toryke.
Ths Customer ohm" Prepare IM Ship in Accordance with such in. U) Credit Iw in peeflve Equipment
structigrs or epecificabona at feast Idteen t31 days prior to the 11) It Sperry ;4i IVIC II Unable 10 nahore I unit 01 Equipment
Scheduled ddWeryY dale and atoll ms;ntaln Ilse Silo In accordance to t"fsting Condition and 0 remlinl Inrrporp which Id•
with such mltructiong of Speclhcstiome. The Customer Mall fur. OPOrrmIbC of of twelve (12y f rmrf Ch ew&I ' tie h lot
at
nhh, no cost Id SDerty UnlraC, Ina nlcpsary IabOr mind moving total of }fifteen {fSl Or more hears duri ng an twin ;par hour
en ulpmenl re awed for Cle0in9 the Eouipmanl Irt position in the Period, a Credit will bog a"oveed areaLY br ppwn lEmr; MuIU
&le. Sperry Univac $me I install the Equipment and Ina" terrify 1 ninpp -
in welling to Use CVatemtf when Iha Equipment is ready for Ulm from any fault Or neg"gena Of Cara Omer Of frdm 1e,teduled
I'k PrlvHdlre MUnhnanu, Sperry LWVA 1011,8111 grant A CNOit Fort
i a. REMOVAL AND RELOCATION OF EOUIPMENT each such fu3 hour 01 nonixcaflad oowntlme in in amount of
The [gWpmeM shall nor bell moved from, nor reposi4oned within V5001hMthetoelMonthly EquPeriAndSaoMol lAlyMain•
me 5ile wimoul Sperry Vnlvec s Prise whtan Conant which Shari lenience purges or, fft "points untL The tPadit alowen0e
t. not be unrutonebly wilhheld, flat Not: Such unit of Equipment shelf roll ex"W Iii of
? the Iota Monty Equlprthenl Ind tloa Monthly Maintenance
S. TERMS OF USE Chargto kr the unil or %I. Calendar day.
F I 121 If Sperry'InlvaO N fied of a Malfunction duets the
s la}
taymer to us menl sea he IMortA Equipment n# Ey Charges she" insist the Fr nOil Period a Mantenance, downtime or Sao Ine
j p1 ) she q uipment prrenl; 12 (21 pdtumenteilon, (J Pro- shall be measured loom she gene the Ouslonvee nOwsq Im•
t pSmirl kids. and (a) such update to progeammtel Alde that rtNdhfl mllnhnlNke leYioa end Paleesa the liquirpmanit l0
Fperw ll h hi in AnnOVntld or may artnduna for UM Equipment Sperry lMiwc For maintenance servos end Shaw continue unlle
and which 11 IwlInII to other tultomers lot thelr Central w! IP,e Equllpmanl le returned to satisfactory Operating Condition,
a
exclusive t no additional rhltgt, of Any end all hours du Ping such month, traeluslvl d actual travo elm* o IN Site,
each o, of lime Paqulrtd stir praenHVe end emt0l al main,
lonanca Ulf Sperry Univae f1 no(Irled 01 a Malfunction Outside of Me
a
lot Supplies and Oakes used with the Prin Ipat Period of alntemanes, Ind Me Customer requSele
10 f {shies[ Equtpmenl shalt conform Immediate m/imtompce IO IC@ end P2164"1 she Equtpeteltt to
` 6 ry pipC i0n Sperry Un)rIC got Malmlil anoe arvlN; d0ymfime fps each 161.
s ices dilon toe he dPra6oauttse any other hem fwn4had or see. CfdeA she" be maeufed from the time that fM Spay Unlyad
vin pHloemed by Sperry Unlvae for the Cuslawer In further. maintenance orWn l»rsonna arrive of the SIN, Of attar pOm•
a
f Milril m ao01 ngimtlIhis Agess ep he eia eonred DY nL rled by h mis d A Specifically oen66o0 in w, rrhencemenl of this Subsequent Prineipeh popeod Of MdinlenAnN
presmsnl whichtvw occurs firatnIil *me thew COnlinue unto
v E. touIPMENT MAINTENANCE Stellmd the Equipment is returned 10 alldectory operating condition,
{ exclutWe OI actual travel sire to the !"e If, arrke asset
sal Seery Univac One"
g psnit rerannre and emedtat maim Dlea al a time outflds of the PrlnCipal PeMd of MUnlenAnoe,
Pane service to mantam the ~qulpmenf In satisfactory oper• me provtslone of taclion E 10) Sha" apply N reapett 10 IM
: sling condition Prevtntlvo mlintenanb she" Do pee}wmt during sharps for loch service.
Ma pririCiPe' rsariod of Maintenance "Cip that In ra
Equipment dwignaled in the EOw ppmome L that es IGroup n [ sAat e of
• l~
venlive mamllnana they by perlormH II Ouch times is they T T~oilSl Mi AND TECHNICAL Its this L41111illCoEn W the EqufDMont, Spray
i W e91ee0 upon by htnoril Od eprestnfetiran bl the poi . spar. LMili Shall provide the o"owh g without additional Charge while
7 r U1111,1110 IhNII delemmo the frequency And vht duration of e•
7 venlive MI'mianance. this Agrtiamonl Is in IfN[L
lb1 Payment of the base Mdnlhry Meintenanoe Chagsa ehdl an. (a) Training Fare A rgiuonabte number Of OuttOmN Operotlpt
isle the Customer to on-call Pamoi mAtntenena service dipperC and Pro9ramminpp pon0nnel II courses hold on a nOu~Irty Icfle~
the Prmcipd Period of Munenfince. The Principal Period W Wed basis at a a ferry Url training tartar with iM bard And
Maintenance mall Consist of Meant consecutive nine (ri dour living expense olucre persotind borne pDyy rM CuStdma. Upon
t perlod per dayy $e Idomded under Scnadura S Of ihb A regiment, 2 nmord between authorized rseonfaHra of she partial,
a =11ce the hours of T AM And 10 . 'v„ (Iwo (S) da t gar weep, IrSlning order be Conducted of she S+ e,
MorMay rOU h Friday, excluding holidays In Addi m. the Item Out Adder Ind guidance eoruamlng~ (1) Me lrnplamenl floe W She
'Princlpd ,rod of Maintenance" sheet be deemed to Include Dmame. (2) nrhw and Improomi of eeisting 4t Uni-
any ageegid period of SChWUIed eal/ndtd maintenance eerwde rift Data P OCSnln Syyetfamr, And (71 the dwetoPma n! and I, li
lvellabllily, manetlon or flow eyetems Involving Sporty Urialo a equipment
Ice for Such Equipment So Is designated as C Dip (A In the S, PROORAMMINO AIDS AND DOCUMENTATION
temdrOimsllby the customer, win axlei~ nd 1ho1 Period off IcelM• IIA S rry Ll og ammin
q by sI AIEt end Doenuinent;iion listed In kin# hdu te C, fn Middition Sp1rry
used n•a" malhenAnce anileDltily . The Periods IncWdad In any UniwC Mall Will to the CuylomH, white MII Agreement it in
ugh 'is MA ':A
7r
r ,a.a
2 s
:1, such Programming Aids and Documentation as ere then Such Muninly Equipment Charges will be invoiced monlhiy In
dable without charge for general use and es are requtsrad advance Monthly Equipment Charges lot units of Equipment other
by The Customer. In no event shall a charge be made to the than those installed and ready for use with such pros ssorls) shell
Customer, while this Agreement is In effect, for such Program- commence, as to each unit, on IM date such Equipment is In-
Ming Aide or Documeritatiorr. Vf the Customer to requests, stalled and ready for use as certified by Sperry urrivac, and *IS
Sperry UntvaC shah provide several copies of Such Documentation be invoiced monthly In advance Bast Mrnlhly MainlenaMe
in satalactmn of the Customer's reasonable requiremems Sperry Charges lot a'.1 units of Equlptnant shalt Commence on the data ~
Un;vac reserves the right to Sher its classification of any Pro- such Equipment is installed and ready for use as certified by
gromming Aid In order to reflect moddications or changes in Sperry U var., and will be tnvoiced monthly in Melva £e. I the
pone or wppo" iequlrementa during the We of such Program- case of previously Installed Equipment, MOn y Equipment
ming Aid. Charges and "a Monthly Maintenance charges will commomet
tb) Sperry oUmv
n c hereby grants to the Customer, while this Agree. on the dole that this Agreement la accepted by Sperry Univee.
front is in egec 1, A poreo^al, non-transferable and noniACluSlrie The charges do not include, and the Customer sasumes the cost
[ease to we the Programming Aids and related Documenlatiar of (1)wpp'.es, (21 painting at, refinishing the EOulpment, 13) mOVe•
designated by Sperry Univac IS propriolary, only on the Equip. menl of any unit of Equipment or part thereoff, and la) reptile of
ment and at the Site, The charge for Such lease is included with damage to the E ulpment, including replacement of pull, rt-
ir the Monthly Equipmenl Charge, except that the Customer snail Suiting From the }suit of the Customer or causes reasonably
supply the necessary media at Shall pay Sperry Unlr3c Its Stan- within the customer's control
dial charges for meme which Sperry Univac supplies. (c) The charges do not Include anyY federal, state, county, local
(o) While this Agreemenl Is In effect and Iheresher, Me Pro- orother taxes howsoever designs ad and whether levied or based
&pmming Aide and rested Documentation designated by Sperry upon Such chi gee, this A regiment, the Products or their cite.
Univac as proprtots,yr and the information therein are the property or any Servico sr parts sup 4bd hemeundV. Any toes or Amounts
or, and tie proprietary to, Sperry UmvacThe Customer shall in rieu thermal and Interestthare0n paid or payable at any Ume
ke,; cnnfidantiu and protect the contents of such Programming by Sperry Univac, exclusive of pononat roppeertyy taxes end lean
Aide and Documentaton and all parts thereof from unauthorized based on net Income, shall be borne 0 see Customer.
dactosti The Customer shell not copy In whole or in part such fill The Base Monthly khintsti Charges relative to any unit
Programming Aids or Documentation in any visual or machine of Equipment um subject to change by Sperry Unlvec, on thirty
readable form, except to thesilent that such copying Is necessary 1J days prior written nprrN to Ihe utlomer, elrecthe at Ihe
for the process of correcting, generating or modilying Pro Am. end ofbne it) year from lire defeat nr,nlnencomebt of such charges
hung Aids of Documentation for Customer's own use. Customer for each such unit of Equipment, A at aril time thereafter.
agrees that it wilf hot fell, disclose or otharwlee male such p1 When (no Equipment If Installed lot a IraCtion of a aalendu
Prop ramming Ads of Documentation available to others monIn, Me charges for Bach day shall be computed al the rare of
(d) T e Customer may modify or adapt &MY Programming Aid Or 1~I/3dh of the monthly charges.
Doc umentabon for Its own use and A Its own expense to meal As C) The charge- 40 riot Include any barnportallon costs and the
specific requirements However, the conditions and charges in uslomer wit ply all Iransparlation, dgglnq And draysG• charges
respect to Sperry Urfrae suDpoA, If any, of such modifications uGpO^ the Equip aenl and packing cases, both from Sell to 8porry,
oOr An; shall be subject to a reemanl between Me parties. U nsullinollir l fp.i an and/or co in Kqherself n of poin Mtsa , or any each charges
Any poi of the Programming Aids at Documentarlon Included p Iro•~ any changes in tOCa Equipmenl.
In such modification or adaptation 00 be svbjacl 10 the same 11. WARRANTY
conditions end limitations as have been dBalgnered heroin for the (a) li Unlvec warranty Mal Me Equtpmant when Inslafled
original Programming Aide or Documentation' shall be free team Colette In material And workmanship,
(e) Sparry Unhin shalt advise the Customer In respect to the appropriate u» of Ihf Programming Aids In Customer's opera- Ib) f~errY Umve^ further warrants Thal, under
normal use end
lions; however, she customer sell nsponslbttiy, lot the Sor . EgWpmenl SMII remain In Satisfactory Opuatinp
suatnblon, management and control of its use of the Pro rsm• dond,dil, bon
theta
i ' f ln0p Aldo, Documentation, modifications and updates thanQo In. wsrIt)nSphlarlas ry N Uri described Asolend and
levered b redby the provitroritsffl1i0ne of under 8edi0n
clsrQlno but not limited 10, (q assuring roper machine Configure.
U}'
j J bon, program Installation, to?t tonlroPI and operating methods if
2) Implemtnlinp Sufficient procedures end Che als0ints to Batifly fell Sperry Univo<'s *Slightla wllh respect to any unit of Equtpy it'
its, requirements for Security and accuracy fOv mpvl and output as meet or services furnished Mrauder shat attend party to 1M
well of restart and recovery In the event of mialunctlo i; (3) aecom• Customer and may not be allo ld of sAlended exctpl by an Indru-
plahing the productive utilization 01 the Proti ling Aide In the front in wrifing at provided In Section 21 (a).
processing 01 the Customer's wort.
tl.AITERATIONSANDATACH1BINTS
(1) "Program Products" Shelf maen the praprhtsry programs,
routines, subroutines and related Items which Sperry Univac Is) After Its standard at perlormanco, tsrerred to in 6etlion 16
has announCd or may announce lot the Equipment while this heroin, hat been ottilnad, the Customer may, Frith the prior
Agreement It In eflecl, for faase Io Customers of Separately wfilters consent of Sperry Unlvec sew Mon•SOerty unseals attscA•
stated charges. If the Customer elects to Order Prop+am Pro- manta, features, or vices the of with IM qu pmanl and may
ducts, they Ahab be offend le, the Customer, subject to Dvatra• make ant ations to the Equipment. Such Consent Shalt not bm
biliry, on IM bails of the separately stated cNrea and Sperry unreaooably withhold Such attoraliong or Hlachmenq shall be
Unlrad'e standard contractual provUVans oppticebPm Shames removd by the Customer immediately prior to canceftsllon or
tsrmlill After cancellation or tormllealioe !parry Unlvao
I.PA0011AMMINO AIDS IEAVICSS will region the Equipmenl to Its original Ohndlbon and Con.
t fat sorry Unbar shall furneh at no additional charge, while tipuntivn oxcludinp ordinary w so end NH and Chatpe the cost
1n a Agreement Is In affect, Such updates to ProQremmmptl Aids of realorailOn to the Cwlumer.
is Bporry Univao Its has announced or mat announce for the Ibl When such alteatlons orsitachal ire made by the Customer
pro?( Aldo and the Equipment; and furnishes 10 other of Its contractors or tulhoddd agents (1) The Cuilamor shall
COS What* ter lhatr general sea ►1 no additional charpa. be responsible for damage to he Equipment caused by or M
I (b) It the customer requests modiflOHlons Io laregf ft ming Aide ful0rrp directly or mdirettly from Such Alloratkns of atlaOM '
of to updates thoefo. the Conditions AM charges appropriate many; (3) Sperry Univa Ahab MCI be held responsible ter do-
{ to the modifications shall be subject to Ignlmanl betWlln lho fects A frtoremmilnp Aldo or Documentation p~fov4da4 such des
Belies Noll ere auad by at result dncil~lY at btdlrectl from much
lac) Sperry Unlvao Mail peo+Ide a correction terdcm, at me ad• stleretlons at attschmants, (3) Sperry Unlvst will notybe liable for
di9onal coat to the Customer, ter any elgnibunl error, mallune• any pedormanca d0 '"1O' of the Equipmenl Csuaad by or ra'
lion, or detect, N any, in Ihe current unelard wrolplt of Me Pro- ear ling digcpy Or )nCCihic )rpn loon ahard)tma or allachrtHnb:
My C
gremminQ lads whien Ina Customer Snaq bring to Sperryry UnlruY 1f1 SW1ry Unlvec will nest tea naponolbts tit the proper a aNrol
afientldn, All Duch Corrections Shelf be Made m ACCo,d&MCI with Opmro110n Of or IM cost or i IIOR I0 nWdify, arty ProprAmminQ Aide 11 I
S 1MtlddieeCHyorktdl~eenybyl~chalt~ lairs
perry Univic's then currenl Programming Aid correction pro- Of Doegmanfaon5
cdures. or oltechments; 15) Sperry Unties will not tea naponSlble for
Y' (d) Sperry Url dot not auarsnlea the Wectirianote of allodo melntomanp• of IM Bllam"I Ma a Ittethrnenfa; A TM QHIOmaf
undert hom pureumnl le Semen I IC) and does not reprtsw nt or Shea prof Sparer lMNCa lor any kernSa In f)N ea! a allot
' warrsnl that all errors *111 be Corrected No $,ad o moth 0nanc0sent 0 or Ihe EqulpmaPit eausted by of -
(e) When Sperry Unvac parforme services pursuant to this Agres• reeulbn ebeclly or IndlregllYy from wine 11 erAlbnD Of attach-
; mont which require the Life Of the Customer's Computer stations, msnts, try Sperry Un1BaC Dhe! red tea responalbla for any In wry
the customer mieses 10 make II available of reasonable fires to poof r,i or CamaOI Id pro6eAy, real of per10na1, tovNQ by '
end lot rusonabie time mearri and In no event will the Out- or resuhinp0 olraclly p1 Indirocliy from Such shuotldna at mile
e former charge Sperry Untried for wch lystwm Use, menls (I) Sperry Unlvec shall tea reAewd 01 the oNlgqeuonfe) spedf• l
Sd e~sewhua h Ihie Aprefn ehl Indudinpp wllhput I1lmifall On, v
tO.CH ltOE6 Ihe oblipallon for downtime crdits w a mini M I xOrrd under
VA) The Customer Shelf pay tna Monthly Equipmsnf Chupet and the provisions of Bastion bill, cluaed by or ?#DUN 0 directly or
CIm Monthlyy Malnknames Cnarpes, as lee tl all other that" indirectly from such 111erltiona or Atfathmenls
! iovlded In fh4 Agreement, within thirty (30) days after data of
Pnyol6e, 11140Uf►UINI PUNCMAIJ 0~110NS
E Ib) Monthly L Uqlpminl Chfigef I,N the processor(s) Iogel i wllh 61 the customer MAY purchase any of AU units of E ulpmanl
(boom other Li nits of A tulpmont Naiad In Ihe I Q1 moral List a all ~metalld red ready (a was during Me lied twlmyfow 111 m ati
fit Claim of INS Ayssmord, which are Inelalla0 end reedy lot OI she coital term of Ines Ayumant, In aeeordanea with the
use is entlilied r,y 6e oily Univac, with much procaupr(s) shorl follow+n0
commence me to tioN unit, on the date of the trial desy of Ihe ((1)Uponrete;fofolphly•lour(MlMonfhlyfqulpriertCharpee
succenlul performance period Be provided in Section 16 herein, Sperry Unlvec will transfer Idle to such unite to in* Cw'orner,
F S
k
a-r• ~
y ~ 51's
of l0 req"-sled by the Customer The Custump Mall noldy allher party Met upon thirty 1130d days
Sperry written ndlice Sperry Univac in writing thirty (00 days In advents of Its In. Cancel any unit of Equipment at IAa and of the Initial term of
this
Ill la exercise Such option 1~ line Cuvlomer has not so Agreement, and at any time thereafter, This Agreement shall
eieclod at the end of such Iniliat term, this Agreement will be lerminate upon cancellation 01 the last unit of Equipment.
Cancelled is to such unpurchased unite of Equipment mdlMh lb) 11 the pcvernmentet body appropritring funds for the Cut-
conlinuad use wllj be the subject of a separate agreement. i lomtr does not allocate funds headed to mike payments beyond
(2) Priorlomeking e'ighry-lour sal Monthly Equ+pmentCharge ! IM Customer's then current fiscal period, the Customer Man
payments, the Customer way purchase any or all such unite not be required to make such payments and this agreement ship,
at a net purchase price derived by multiplying the Monthly to tormineted,
Equipment Charge of each unit by its nur,rl of its remaining -(c) Sperry Univac may erect, without i rs udice to any of no
payments and applying a six percent (6%) p-esent value factor, other rights or remed a$. Io forest this Agreamenl and, with
lb) the Customer may purchase any or all units Of Equipment or without can0e11alion, repossess the products It the Customer,
instilled And ready for use tiler the lust twenty four (24) months upon ten 1101 doyl no tics. hot failed to make payments due Mre•
oI me initial term of this Agreement, at tiny time while this Agrue. under or U failed to perform any other substantial obligation
Al remains A effect a file Purchase Price listed herein For to be performed by the customer undo, this Agreement.
such units mime credits of Id) IL after the Customer has gluon notice of termination Under
11 TS% of line local of the hrel twelve Monthly Equipment the prOVlsionS of Section 16 ,b1, its 01.11111 cell elects Io retain
~na5r0p'nn1 paid !Or such unitiq. and the Products beyond the lerminalbn data. the Products may be
Munlhly Equ pmaril Chepas thirteenth paid fur such end{ knit and miss-four UUnlteda standard Monthly Rent and n to month basis
Base smoothly aintenaer e
U! 21 of in* 1ora1 or the Monthly Equlpment Charges paid Charges aid under the conditions of this Agreement, except that
subvequent to the twenry-lourlh month lot such unitla Sections 17 and le Mall not apply and Sperry Unlvae shall have
IcI In no cast shall the total purchase tiedds provided to, in the right to terminau this temporary retention on thirty (00) days
coon 1114) exceed o,0% of Such Purchase Mite lot Ouch until; prior written notice.
(d) Purchase credits accrued for any units of Eauipmenf ax-
ehanpedunder Ins proviLOm of Section Il Mall nol be Ippllcable IT LIOUIDATED DAMAOtp
to me replacement units of Equipment (o) Equll-monI
le; The above options Man be exercised by the Customor's 1i+il ;pry Unlit ac doer not install It of the Equlpment, ready
delivery to Sperryry Univac of Spicily Univac'S then standard form or use, on at befoes the scheduled In lanalion date, Sperry
ullrThgqrampnl blL onyanion Sale duly executed by the Customer, Univac shallpay to lhe Customer as liked Amid agread 11 uldstedd
Iq is Aq ~aament short terminate as to each unit to purchascd damages which shall be In lieu of all other damages IOr such'
upon the efrl dale of such Agreement of Conversion Sate nonmstalra ion, either' (I) 110000; Or npi) for each unit 01 Equip.
merit whether or not Installed, 1/Ml of the Monthly Equip.
l k EXCHANGES AND Ek PANSI ON 1 ment Charge s ppGca ble to each such unit which/ver 11 preafor,
(a) The Customer may exchange any unit of Equipment for anoth- for each calendar day between the scheduled Installation date
or unit of So"', Univac Girl A Or D oqu;pmarrl at erly I'me shat and the dale of actual Installation but in no event for more
a total ram equal to thirty-Ile (16) Monthiyy Equipment charges, that 100 Calendar days
a1 epacdied marsh, for IM replaced unit hits been received by (2) If liquidated dame to apply on o unit bola and it any Items
6Wrry tMlvAli provided that each replacement to rwACndnaly of Equipment a istrials4doneroad( Ioruee,of A"time mndthat
comparable to the spaced unit and Iuch r►placement has a than Customer uses any such Instated ams of tqulpmenl, nsithN
current slandard 7 year Lease 04fill that N equal to or liquidated damapesmop any other dama eiMdlaterwaCafnll
j higher than the Monlhry Equipment Charge of the replaced unit any Iuch InNarkd Items of Equipment 1°rom and shot (M InI11M
i. of Equlpment. Novwver, a processor end memory may be at. deli of Such eau
changed It he sum OF the 7 year Lease Char to for the re- 111 It the delay of mNdlltlon of on 01 the Equlpment comonup
placement processor And memory Is equal to or higher than the r more then 160 days, then during me 70 a period hnm l
I sum of IM Monthly Equipment Charpa for the replaced pro- etsly IMreaher, upon written notice, either 6y0erry United Or
i Cal and memory. SM customer may terminate this AprNment wlfnouf any further
j ^ (bl If either a processor or memory unit I exchanged, a now ASDII;ry on IM Part of Sperry Unlveo,
I f standard f year Lease Agreer'.ant Psuchass shin be executed for WI The revisions of IN% peC60ft 17 shill only be s6placable
i the replacement The 6bntniy Equipment Charge for the replace. 40 the Inilist Eulpment Order Identified In Schedule and not
{ men( Processor or memory Shan be the Ines current Standard to roplacemorl a Idd,ibnal squlpmanl acquired under the
i ysIV (ea se Cho rpe GprovNIons of Section 14 herelA or Otherwise,
(e If a unit of Equipment, other than a processor or memory lb) AreOggmmingAlds
unit Is exchanged, each replacement unit shall hive a Monthly 1f Spiry Unlnt dal not deliver lM Propnmminp AldUlated In
Equipment Chat equal to the then current standard Monthly 6cMdulle C ready for opsrandn In wMlanllal eonfarmana With
Rent lot such On Sperry LMIYSO apetlncationa on a Debre IM hpvfry data
d1 The Cusloiner may older the folictill additional equipment s ed M 6tMduh Q its Customer may, al 14 01, AIM delay
E AdddiOns" provldtd that such Additive are fuhcti0nally con. I~ia~itnadWed Itelstanan dace for 1M EyWpmeru and bpC1my
eeled to and In axpaneiom of the Equipment. It o i time duringp UniveC shell pay the Customer hied Ind agreed ngWdMord
the term of this Agreament III units of Sperry Un~VOO oroup A dsmapM In U a amount 01 $10000, ifreepeCbte W IM numWr 1
~I or B peripheral equipment, l7+ au9mnbnp processors Whitt' Will of Ropramminp Aldo, undeiM /d, for Itch uNndrr tla➢ ba•
5 Iher1 memory and peflpheras Orin /nO of processor milafal dweenihldal/spsti}Iedinpohaduh /ndiMGU;'derlvery
under the provlelone of this Agreement; (1) memory expanslons; OI tech Prop+amminp A de, but not fa Iron thin 160 dots
1 or (e held Ipol le luturea, In bw of an aline Osmapel for non-delWary Dt Jh ipnmm(np i
t (e) he MOnlhl1ddy!!11Equil menl Charges for Addtiona InetdlM and Alds. It St erry Unlvea petite aulUDle ear Illulea W Pro-
lady br use. 4 1 witNn the fin! wenty•fouf (2<) months of the p+amleln0/udsocceptab41111 ustoma+,Mqu teddsomlpeo I
Inil lea form of h a Agreement shin be at Sperry Univaii then short hot all ly, provided, hOwevlr that IIA%QW tad damage WM
S current Ilandsird IF year Lase CMril 17) a or the hral twentZ. apply It Su~ substituted Proolooromminpp AIh ere provided IBW
lour (2q months of the initial Form ski I be of Sperry Univac I thin the delivery dale speNnsd in Schedule C, Neither liquh
then Current standard Monlnly poll. dated dafrol nor III other demagog for nOn-de11vtj of
e (1) An replacemento under parograeh C) above and Additions Programming Aida lot Ins ECCWpmenl Man appIy for any doss
SMII 4 listed in to Sperry Umwc 9polamental Equipment on Wnichnquldcteddemagalornon•in/tallllldnoftqut tem t
Schedule which shall be iflCorporaled Into the provisions of this etryel
Agpreement. (0) "M Pleplnllon
t If An Item If physically attached to a prevlou/ly Installed unit U 1he Site U not oreplred at least IS days prior to the
1 [qulpmRtit that Fall In~taned suen that Chi Inslatled urtlt scheduled detlvhid of ft Equipmenl IrNorfed to Mryln
i upgti4 sh to I unit with a dl hren( kafry Unlvao typo numbly, is the "aehedweryc Biee prepaflUOn data") line Cu&I to Shan
IM tam small be treated al en Addition under the vrovisbna pay Bill Unlvao me amount equal to 1100th 6f IM total
of this iNCLM u, llifwuph Ins SupptemanUl Equlpmml Schedule Monthly EClWpment Cne ge as Mown on &nedWe B 014100A
} Mall eacerd the remora of EM ltsUn of the previously Installed wMcnaot I prcalu, breach dery betwan 1M schedula0 S N
unit and the substitution of Ise reply 4Med umil, preparation data WIN scfual Sill preparatiol data, but not Id
IM The Monlhfy Equ4t rtlMt Charges for replacements and Ad• eacted 180 calendar days,
d8ioru shall Comments el the time each unit is Installed, ready (d) Customer drocled Chenpea
for use. If any thongs (hat Is directed by the CuSlomor re"Irso s hlo r
li Tea term foe any feptaComar! Ordtired under paragra h (e( Inalol(atom doIt01anylOrEaulpmenlslid iheCuslomothis
a~ve and to, Adddidns shall expire with the termination or filled to notily Sperryry Unlved a ouch champs at boost N days
tan(rnalion W this A2fire lsnL prior to the Inetallalfan date, the Cu►IOmer Shin ppaA1 Sperry
Ill lea y replacements of AdCiUOna shall be subject to availability meat off amount equal to Unit of the Total MonthfYy Equip.
and to Ill Unlvac's thin Ourronl delivery scheduel. menl CherO• as shown On Schedule b or $100,00, whiehever
is greater, la each doYy bats Vn the scheduled In1Iellatlon dale
IltMlROENCT t0UlPMtN1 and such islet Imtailailan doN, Dui Motto Iac1eC ISO al/ndar
S nrry Umtee shall aeisl the Customer In Obtaining ups of Sporty dIVS. ac direr ttd In t M tia of all other damages let rslpeel to Customer,
npee
nlveC egWpmeni compatible with that used DY IM Customer to lei tacoptions
f hurl emargencf needs the charge for such cells, U Arty, Melf q Neither Sperry UnivAd not the Costemer ohm" be liable for
be As gonad bervan IulhorlHd representatives of Iho partial ~Iquidaladdarns gas vhendelays fried owl of Causelfxy0nd IM
contra; and wlUroul hum or mog igena of Il1• Itself dtaimlnp
16, CANULLAT10N AND REPOTl11110N the benefit of this aceDlion.
is) Subject to the Customer's purchase opnonl In Section 11, (21 The Customer she mot be ntibte lot liquidated damsga
uiv
under Section 171c) and IV to, during the lama periods of lame mad ale notice in writirr
wish respect W the carne Equipment. suit and glvnS Sperry lh~ All lavailable in urmati0n, aassis a ce
11. STANDARD OF PERFORMANCE AND ACCEPTANCE Si authority la do +o Sperry Univac shall control the defense
(a) This Seci eslablisnes a standard of Pedurmance which or any nxh full, tnNud,nQ appeals, end all negotiations To effect J/
sellfun" 11 any of IM PrOducls lurnished hereunder, is in any
most be grained PCtare certain items of Equipment are aocepl rd Such out Ae ld IQ constitute infringement end Its use is enjoined,
by the Cucbmer. This Section shall apply only to the prc<euur(sl Sperry Univac shalt. at Its election and expense, tU procure for
together with those other items at Lqulpmenl titled in the Equip- the Customer IM right to continue Using such product; or 141 rN
Mehl L131 as of the date of this A reemeht, which are Installed and Place Or modify the same so that it ome! non-lnhin
ready for use as certified by Sperry Univac with such proces• bec
or,
Univac Owned Pr, Ori and cancel Ini,
Of 10 A or
Sorts) This Section shall not apply to any other units of Equipment (3) Product remote and a any any Sperry Future charges or royalties pertaining the ralo.
Of Io any rephee merit or additional until added to this Agreement lot Sperry Univac shall, however, have no liability to the Cos.
to rmanco la deemed as a fair conoucled tin accords ce r ilhl aea- turner under this Section 19 C any ps'eht or copyright Inlringe•
grrph (bl below. P Mehl is based upon or arises out of (t) e0m;i with designs,
(b) The pedormsnceparlod Mall bsgm no tarot than three w;~kin Plans, or specifications furnished by or on benUl of the uislomer
tlayager y f hall g as 10 the Product., 11) +nemticns of the Products by the Cus-
has ellained the e standard o andrd of uhd ! perforce for when ouch Equipment former, (71 failure 01 the Customer to use updated Products p-o-
mance e period of thirty vided by Sperrryv Univac for Avoiding inirinpenienl; Ip U" W Pro-
IJ01 consecutive days at an erlectivenaso tevet of IN Peal 909v at nude In combfmlion With apparatus of devi^r,1 not ddivored Lry
which point Ins Equipment shall be accepted by Ida Customer. Sperry U, oIs) ti use th PPANOa O 111 d manner for which the
Eel In the event such Equipment deaf not meet the Handard of
Performance durin some woo neither designed nor contemplated, of (e) 1 patent or
g the initial thirty 1701 Consecutive days, loch copyright In which the CLsharl or any, affiliate or substai
test shall continue on A dayfo4ay basis until the Standard of 01 the Customer Ads any direct or indirect Interest by license of,
performance is met for a total at Ihtdy consecutive days. otherwise.
Ids 11 the Equlpmant falls to meet the standard of performance (c) The forogohii States the entire Ilabititf $perry Unlvae for.
allot 180 calendar dots from the start of Such leering the Customer of resulting from. patent or copyright Infringement or, claim
may At its option either request a rapiacemehl of any failing Of res
unit(s) Ot Equipment of extend the perf•,Jrm+ncv lest period. lhertraf
(el The offectionas Iovel it a percents a Figure delarctlned by gq, LIMITATION OF LIABILITY
dividing the total Equipment operational use lime by the total
Equipment operational uxe time plus Equipment failure downtime. l+) EXCEPT AS HEREIN EXPRESSLY STATED, THERE ARE
For the purpose of determining the effectiveness level, the NO WARRANTIES, EXPRESS OR IMPLIED BY OPERATION OF
loilowlny darmitlons Mil measurements are oppricebra' LAW OR OTHERWISE, OF THE PAODi LEASED OR SER•
I1) operational use lime Is the limy during which the Central VICES FURNISHED HEREUNDER. SPERRY UNIVAC DISCLAIMS
Processing unit h m Icfual Opaucon Including all Intervals ANY IMPLIED WARRANTY OF MERCIIANTABILITY OR FIT.
of Rms between start and slop time of the Central procolsing Ni" FOR PARTICULAR PURPOSE, IN NO EVENT SHALL
Unit SPERRY UNIVAC Sf LIABLE FOR ANY INCIOENTAL INDIR•
14) FeiNrf downtime is the Ported Of time Simon IM Equipment ECT, SPECIAL OR CONSEQUENTIAL DAMAOES IN CbNki
"Once per}orm tM rand productive at Hmulated work bang TION WITH ON ARISING OUT OF THIS AGREEMENT OR THE
j uUnted fat acedDtang toting due Io Equipment failure orig. EXISTENCE, FURNISHING FUNCTIONINO OP THE CUSTOM.
,noting in the [quipmint. Pollure downtime resirli from ER'$ USE Of ANY ITEM SSA PRODUCTS OR SEAVICEt PRO.
causes wor al to me Egwpmenl shall not be indudadin the VIDEO FOR IN THIS AGREEMENT. THE CUSTOMER'S ii
calculations AND EXCLUSIVE REMEDY FOR LIABILITY OF ANY KIND IN.
(D) Fallure downtime lot each incident shall 00 measured so the CIUDIN4 NEGLIGENCE WITH AES►ECT TO THE PRODUCTS
period of lime beginning it the lime Ins Customer contacts AND SERVICES FURNISHED HEREUNDER, SHALL St LIMITED
.rrry Unhv+a and requests Immediate tarried and ending TO THE REMEDIES PAOVIDCD IN SECTIONS S, 11 (c), 11, is
rill
f w anlin cand e menlisrelurnedtocthis liCusbn+ufneaMfae y b AND 1STHEOF THIS AGREEMENT.
Sperry CUSTOMER FURTHER A41111111116 THAT $1111i UNI-
} operalinq eonCnton, eemitted OP rice p llil travel time required by bF ~AC tNALL NOT Bf ltABlf FOR: I ANY LOSS OF Utt AfV-
Du Pi of la him;
(4) Du Cuss
1 1 ring g ednodo of hours downtime nI0 Customer may use ENUE AOAINST OR THE PAOCUFIT S 14) TOMER ANY BY CL ~I , D ANY THIERMDANO OR PARTY ANION
EXCEPT
mainnfebbnaned Equipof Iment whom such E such action des not Interfere with AS M!Y It PROVIDED BY THS PATENT AND COPYRIGHT IN.
+lqqmonl Sperry UnIno main- DEMNIFICATION PROVISIONS OF THIS AGREEMENT,
IOAAMCa 14MICO Pu90nmal will dolermina whether of nut IM
Customer's use 01 op+reble Egwpmenl will Of will not Inter.
fare with maintenance of tre leopofab4 ii ant. it. OENERAL PROVISIONS
Ill Operational eau Lme and 4ilun downtime shit pr, mossure0 I+) Tula to the Prot
imming Aide and related Documonlallon do.
fn moult and whole minub a sigMbd by Syerrnlvao a ppropprlstary and the Equtpri shall
1) Durinoo the peetannan ;e period, operational eau time used lot remain wit SDe 11 Unfrad, All Equlpmant, Mil AA eeo"Scriao
l the follow ln0 operations Seait be iiallwod from P:1 effectiveness and Frogiamming Atda end Maled Documentation aytgnatod by
s. 10991 tompu often, Sperry Un1WO IS Propitiatory and updates Ihefafo, furnished by
11I! Program Tnhng Sperry Univ le, except for those units of Equlpri pureMead by
i (7I Peoperaldty Opeations. Such ea, but not limited to, date lie Cuetomor, shall accompany the unpure4lid EqulpMenl when
purificerlon end fie Conversion. returned to Sperry Unlrw During the ppaarind Ilia twilpment N
III e: (3) Odwnbme whch commenced Curti the Program testing in l anSnor In the polseulon of tM Cut omee.
a Sparry Ik1WSe one
Ad Cnpuolory operations. Rs iMmen, 0 any, shall relieve the Customer of responsibility.
Erin fieA time neullimp from Egulpment Isilun, lot risk$ of lots a damage to IM Equipment ucapt for hoes or
Ttma horded to Dorform PrevArnuve Maim Mco damage esvled by the Cuslomv a nag ligerill
r. (lay g It performance Perlod a minimum of 109 hours of (b) Neither party shall be liable or deem d to bid to dill for
operational kiss lime vr; p, odueewo Or simulated work will be any delay Or lol.un in performaned undof this A9f%drt•nl or, fn••
Mqu Fred as a Smail for computation of line effectiveness level, tsrrupli0n of service nlunimg directly or Inoindly flora acts
it The eclual number of operational ufe hours shall be used wham of God. Civil or military authority, ache of p11uFlo seamy, war,
IbeyesceM Such f. Ill A IDO loon Should IM actual number flab, dill dlsturbancca, Insurnd10n6 aoc lle, trot, eaplo•
of a alional use hush be feu then 100 hour, IM operstfonef long, urlma uuu, Roods, Ins abomants, :hikes, tabor @11pulef,
use Ilme sMll De claimed to be too hours lot the purpose 01 shorleges of suitable ports, rhtlend,, rabor of Ifif"j, t+ti0n;
sale Weting Dra afrecllvahen re art or any other causes beyond IM rew.nabhS eoMrot of Such pUfY,
pift 1 The Custom of Shah malntoin aDDfoprfata records to satisfy It} The Customer shall not aeslyn of of Mr,wiN hsrufet Rs
s re ulremMfa of iAls Seehon SE and 114 11 A0611, Sperry unlveo hghtl m obi jatluns lrnder this Apraamenl eacevs
vi the whit.
In We ling of the cold of IM First day of the lueceasfui Par. km Oonsenl o Sperry Univac and Set pDrohfblted nl SMn
fmmined period to null and void. Sperry Univac SpotCheve the It Fit 40 ISO 1% an
E GI The Customer Mail not endeww to plrlorm any productive or pall at the DeYMonte under Inh Agrsomemt, or to 5111 tae
work until Ine Equipment hit all shed l he Handard of prolocnanee. E ulpMenL sub(eet to the Customer a lights Maunder.
Ill belan tM Egvipment snoulO Sttllm I"Stondard Dlperlormence, (dq Tnis Agreement shall be Cnnvwmed by Ins (x11 lawn of the
Ins Cuslomer Shri ondoa eor to Porto rm ~Cproductivo work, or Commonwealth of Ponna Yfranfa
"'she any ailer+han or Attachment to the Equipment, or defy to) This AGG raornontcon.titul" the ehtrre sgrestri barwAen the
Or sntarlse with Rye Progreea of the sund+rd of Performance, thg Pail" wllrl "Sped 16 the Sub)acl PI hereof and shelf super.
Equipment aM0 N Condusinly pp Sereaumad to W accepted in Inds all
prsvtoua propouls, both Ont and wrftlen, noFld110ns
acbordames with the provisions of chOft 11 (b), nM aeon lbonl, COmmitmenb, wriffngl, egrNmeniopd and 1)l
tl itle Q cho potl Of m oE~ eE reirpit by am InstrutmaM In w is
10. PATENT AND COPYRIGHT INDEMNIPICATION leg III by A duty authorized nprectelallve of each of the psi
I) Sparry Unirao shall, 11 Pte eupanN, defend any suit lesffluted ties. t9he terms of this Agroarneat shall prevail nolwlthstandlrp
r a9ei Mi t e Customer and Indomnily the Cusldmer agalmi any an' mfaneH with the terms and comddionl of arty ardor tub
award of dAmagee and costs made apShot the Customer by a nil ty Iha Customp,
final )udgnlanl of 1 Coed of teal Merl belad on the calm (hat ill No adbm, ngsrdlelf of Farm, arising, out of Iranlacnoml bas
any of thehoduehfurnnheIF hy"try Unlvecunder lhidAgree. curingundeforcumemplalodunderlhbAgnemenlmayMDrought
mean! cortdthills an InlrlnQOmrnT Of any D+lant of enpyrighl of IM by either perry mnro than two yeas alter the Deuu of action
Unilod S}afof; Drorldod Ine CurtrlmM Siva SDerry Unlvet im• nessctruod.
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tAY§
Agreement #6002054 gar.
Amendment for Group D Equipment. 7i,~~ta r I,
1
AMENDMENT TOJ GOVERNMENT
OPTIONS AGREEMENT$
1g3b)
The terms and conditions of Agreement Number 6002054 are
hereby amended as follows:
1. In Section 10 DEFINITIONS, add the following paragraph (g)t
"(g) "Microprogramming" shall mean the Sperry Univac supplied
memory code that is physically affixed within the units of '
Universal Terminal Systems CUTS-400) Equipment having the
memory storage function. The definition of products as met
forth in paragraph (a) above shall be deemed to include
Microprogramming."
I
2. Section 10, CHARGESt
a. Add the following sentence to paragraph (b)t
"The charges do not include, and the Customer assumes the
cost of all cables needed for the operation of any units
of Equipment listed in the Equipment Schedule that are
described, classified or named as terminal equipment (otber
than one Sperry Univac standard length cable included at
no additional charge with each of such units) and the
installation of all cables including such standard length
cable."
j
b. Add the following paragraph (g)t
1 i
"(g) in addition to the Monthly Equipment Charges and
I Base Monthly Maintenance Charges, for thorns items of Squip
want designated to Group D in the Equipment Schedule, a
Monthly Travel Zone Charge at Sperry Univacts provailint
sons rates shall be Added for each unit of Equipment !fiscal.
i led at a location more than 13 miles from Sperry Univae's
nearest published point o•f service, Such Travel tone
Charges are subject to change by Sperry Univac, on thirty
(30) days prior written notice to the Customer, effective at
the and of one (1) year from the data of commencement of
such charges for each such unit of Equipment, and at any
time theraafter,"
3. Section 14, EXCHANGES AND EXPAN91ON,So
a, Tha provisions of paragraphs (a) and (b) shall not apply to
any item of Equipment designated as Croup D in the Equip-
ment Schedule.
I
b. Paragraph (d) is amended by addingi
"or (S) unite or Sperry Univac Group D Equipment."
' c. Add the following paragraphst
"(k) The Customer may replace a UTS-400 Haatez listed in
the Equipment Schedule with a Sperry Univac UTS-400 Terminal
Controller and Slave, provided than (1) such replacement
is needed to increase the quantity of UTS-400 Slaves at
the same location] (2) the Customer has paid at least
thirty-six (36) Monthly Equipment Charges for the replaced
Master] and (3) the cum of the then current standard Long
Term Lsan^ Charges for the replacement plus the additional
Slave(s) is equal to or higher then the Monthly E4ui men
t
Charge of the replaced Ma p
star.
(1) The Customer may replace any unit of UTS-400 Equipment
other than a Master or Text Editor, with a functionally
I comparable Sperry dnivac Universal Terminal System Group D
i unit of Equipment provided that:
(1) the Customer has paid
at least thirty-six (36) Monthly Equipment Chargesp as
specified herein, for the replaced unit of Equipmontj and
{ (2) the then current standard Long Term Least Charge of the
replacement unit is equal to or higher than the Monthly
Equipment Charge of the replaced unit of Equipmant,"
4. The provisions of Section 18 shall not apply to any item of
Equipment designated to Group D in the Equipment Schedule,
5, In the last sentence of Section 20(a), change "SECTION 9, 11(0),
17, 18 AND 14 OF THIS AGREEMENT" to read "SECTION 90 11(c),
17, 18, 19, AND 22(b) OF THIS AGREEMENT",
j
6. Add the following Section to the Agreements
i
1122, MICROPROGRAMMING
(a) The Customer assumes responsibility for the use of
the Microprogramming including but not limitad to, (1)
Installation of Customer programs, audit controls and
operating mathodoj (2) implementing sufficient pro
csdurss and checkpoints to satisfy its requirements for
security and accuracy for input and output as wall as
restart and recovery in the event of malfunctions (1)
accomplishing the productive utilisation of the Micro-
programming in the processing of the Customar's work.
e.
I II
Owl
I I
i
(b) Sperry Univac shall provide a correction service, at
no additional cost to the Customers for any significant
error$ malfunction, or defect, if any, in the Micro-
programming which the Customer shall bring to Sperry Univac'
attention. All such corrections shall be made in accordance i
with Sperry Univac's then current Microprogramming
correction procedures. 1+
(c) Sperry Univac does not guarantee the effectiveness of
tfforts undertaken pursuant to Section 22(b) and does not
represent or warrant that all errors vill be corrected.
(d) When Sperry Univac performs services pursuant to this
Agreement which require the use of the Customer's computer
systems the Customer agrees to make it avsiloble~at reason-
able times and for reasonable time increments and in-no
event will the Customer charge Sperry Univac for such
system uses"
• I
CUSTOMER ACCEPTANCE SPERRY UNIVAC ACCEPTANCE
SyY
Title Title _ 1 A SPENCER .
OEFJNIIOpI
Date AMC 9i9 Da t eat of
(NOV 0 61978
i
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I
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