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Home My WebLink AboutMay 22, 2012 Agenda AGENDA CITY OF DENTON CITY COUNCIL May 22, 2012 After determining in Open Session that a quorum is present, the City Council of the City of Denton, Texas will convene in a Special Called Closed Session on Tuesday, May 22, 2012 at . 5:30 p.m in the City Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following item will be considered: 1. Closed Session A. Consultation with Attorneys – Under Texas Government Code Section 551.071; Deliberations regarding Real Property – Under Texas Government Code Section 551.072. 1.Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the potential purchase of a 2.0 acre tract, more or less, located in the Hiram Sisco Survey, Abstract No. 1184, Denton County, Texas, and located generally at the corner of McKinney Street and Oakland Street, City of Denton, Texas. Consultation with the City’s attorneys regarding legal issues associated with the potential acquisition of the real property described above where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceeding or potential litigation. Following the completion of the Closed Session, the Council will convene in a Special Called Session in the Council Work Session Room to consider the following: 1. Consider adoption of an ordinance delegating authority to the City Manager of the City of Denton, or his designee, to take any actions that are to be, or may be, taken by the City of Denton under that certain Contract for Sale of Real Estate (“Contract”), by and between the City of Denton, Texas, as Purchaser and Denton County, Texas, as Seller, dated March 6, 2012, City of Denton Ordinance No. 2012-063, contemplating the sale to and purchase by the City of Denton of an approximate 2.0 acre tract of real property in the Hiram Sisco Survey, Abstract No. 1184, Denton County, Texas, located generally at the corner of McKinney Street and Oakland Street, City of Denton, Texas; authorizing the City Manager of the City of Denton, or his designee, to negotiate and amend the Contract, for and on behalf of the City of Denton; and providing for an effective date. 2. Consider adoption of an ordinance of the City of Denton, Texas approving an Estoppel Certificate to 4736 Lockheed Associates, Ltd. and AccessBank Texas for hangars located at 4650 Lockheed and 4736 Lockheed at Denton Airport; and, providing an effective date. Special Called Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: City of Denton City Council Agenda May 22, 2012 Page 2 1. Pledge of Allegiance A. U.S. Flag B. Texas Flag “Honor the Texas Flag – I pledge allegiance to thee, Texas, one and indivisible.” 2. Consider adoption of an ordinance canvassing the returns and declaring the results of the Regular Municipal Election to elect two City Council Members to Places 5 and 6 and a Mayor to Place 7 held in the City of Denton on May 12, 2012; declaring that no candidate received the majority of votes cast for Place 5 and Place 7 and that a runoff election is ordered to be held on Saturday, June 23, 2012; and providing an effective date. 3. Oath of Office administered to newly elected Council Member. C E R T I F I C A T E I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the ________day of _______________, 2012 at ________o'clock (a.m.) (p.m.) ____________________________________ CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800- RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. AGENDA INFORMATION SHEET AGENDA DATE: May 22, 2012 DEPARTMENT: Finance ACM: Jon Fortune ______________________________________________________________________________ SUBJECT Consider adoption of an ordinance delegating authority to the City Manager to the City of Denton, or his designee, to take any actions that are to be, or may be, taken by the City of Denton under that certain Contract for Sale of Real Estate ontractby and between the City of Denton, Texas, as Purchaser and Denton County, Texas, as Seller, dated March 6, 2012, City of Denton Ordinance No. 2012-063, contemplating the sale to and purchase by the City of Denton of an approximate 2.0 acre tract of real property in the Hiram Sisco Survey, Abstract No. 1184, Denton County, Texas, located generally at the corner of McKinney Street and Oakland Street, City of Denton, Texas ropertyauthorizing the City Manager of the City of Denton, or his designee, to negotiate and amend the Contract, for and on behalf of the City of Denton; and providing for an effective date. BACKGROUND th As of March 6, 2012, the City of Denton, as purchaser, and Denton County, as seller, entered into a Contract for Sale of Real Estate for the subject property tract. City staff is presently endeavoring to ascertain existing environmental conditions in respect to the subject property tract, as per the terms of the Contract. In regard to the timing of the necessary sequence of events for comprehensive environmental due diligence, City staff recommends petitioning Denton County for an extension of the time specified in the Contract for Environmental Review Period. Also, as a measure of completeness, to authorize the City Manager to act in respect to all terms set-out in the Contract. A City Council Closed Session briefing on the subject matter is scheduled to occur ahead of the Special Called meeting of May 22, 2012. OPTIONS 1.Recommend approval of the Ordinance 2.Do not recommend approval RECOMMENDATION Staff endorses approval of the Ordinance. Agenda Information Sheet May 22, 2012 Page 2 PRIOR ACTION/REVIEW (Council, Boards, Commissions) City Council Closed Session Briefing on March 8, 2011. City Council Closed Session Briefing on April 5, 2011. City Council Closed Session Briefing on April 19, 2011. Resolution 2011-013 Offer to Purchase Contract approved April 19, 2011. City Council Closed Session Briefing on July 19, 2011. City Council Closed Session Briefing on August 2, 2011. City Council Closed Session Briefing on February 7, 2012. City Council Closed Session Briefing on March 6, 2012. Ordinance 2012-063 termination of original Offer to Purchase Contract and authorization for current Contract for Sale of Real Estate adopted on March 6, 2012. FISCAL INFORMATION 00 Purchase Price is $1,000,000. EXHIBITS 1.Location Map 2.Ordinance Respectfully submitted, Paul Williamson Real Estate Manager Luster to Denton County Coleman to Denton County Volume 695, Page 371 Volume 651, Page 569 Deed Records, Denton County, Texas Deed Records, Denton County, Texas Operations Building 1,800 sq. ft. Old County Tax Office 1 Story Bldg. Approx. 6,800 sq. ft. Storage 800 sq. ft. Stone to Denton County Volume 666, Page 504 Mays to Denton County Deed Records, Denton County, Texas Volume 705, Page 438 Deed Records, Denton County, Texas 400 sq. ft. Evers to Denton County Volume 690, Page 704 520 sq. ft. Deed Records, Denton County, Texas Bldg. House Kerley to Denton County 1,800 Volume 685, Page 234 1,500 sq. ft. sq. ft. Deed Records, Denton County, Texas AGENDA INFORMATION SHEET AGENDA DATE: May 22, 2012 DEPARTMENT: Airport ACM: Jon Fortune ______________________________________________________________________________ SUBJECT Consider adoption of an ordinance of the City of Denton, Texas approving an Estoppel Certificate to 4736 Lockheed Associates, Ltd. and AccessBank Texas for hangars located at 4650 Lockheed and 4736 Lockheed at Denton Airport; and, providing an effective date. BACKGROUND AccessBank Texas (AccessBank) and 4736 Lockheed Associates, Ltd. have requested that the City of Denton enter into a Lease Estoppel Agreement that allows AccessBank to assume ownership of hangars constructed at 4650 Lockheed and 4736 Lockheed at Denton Airport in the event of a default on a mortgage loan secured by the hangar owner, 4736 Lockheed Associates, Ltd. Section IX of the original lease provides the terms and conditions under which the lessee may collaterally assign a Lease to secure a mortgage loan. This section of the lease follows: IX. SUBROGATION OF MORTGAGEE Any person, corporation or institution that lends money to Lessee for construction of any hangar, structure, building or improvement and retains a security interest in said hangar, structure, building or improvement shall, upon default mortgagee have the right to enter upon the Leased Premises and operate or manage said hangar, structure, building or improvement according to the terms of this Lease Agreement, for a period not to exceed the term of the mortgage with Lessee, or until the loan is paid in full, whichever come first, but in no event longer than the Lease Term. It is expressly understood and agreed that the right of the mortgagee referred to hererin is limited and restricted to those improvements constructed with funds borrowed from mortgagee, those improvements purchased with the borrowed funds, and those improvements pledged to secure the refinancing of the improvements. The Estoppel Certificate proposed by AccessBank Texas and 4736 Lockheed Associates, Ltd. Conforms to the terms and conditions contained in the original lease. Agenda Information Sheet May 22, 2012 Page 2 PRIOR ACTION/REVIEW September 21, 2004, the City Council adopted Ordinance 2004-284 approving a Commercial Operator Airport Lease Agreement between the City of Denton and JVC Real Estate, LLC. August 1, 2006 the City Council adopted Ordinance 2006-217 approving the assignment of a Commercial Operator Airport Lease Agreement between the City of Denton and JVC Real Estate, LLC to 4736 Lockheed Associates, Ltd. RECOMMENDATIONS The ordinance and Lease Estoppel have been reviewed by the Legal Department and approved as to form. Staff recommends approval of the requested Estoppel for AccessBank Texas as lender to 4736 Lockheed Associates, Ltd. Respectfully submitted: Quentin Hix Director of Aviation AGENDA INFORMATION SHEET AGENDA DATE: May 22, 2012 DEPARTMENT: City Manager’s Office CM: George Campbell, City Manager SUBJECT Consider adoption of an ordinance canvassing the returns and declaring the results of the Regular Municipal Election to elect two City Council Members to Places 5 and 6 and a Mayor to Place 7 held in the City of Denton on May 12, 2012; declaring that no candidate received the majority of votes cast for Place 5 and Place 7 and that a runoff election is ordered to be held on Saturday, June 23, 2012; and providing an effective date. BACKGROUND The City Council ordered an election on February 7, 2012 for the purpose of electing Council Members to Places 5 and 6 and electing a Mayor to Place 7 of the City Council. This ordinance formally canvasses the results of the election of May 12, 2012 and declares that no candidate received the majority of votes cast for Place 5 and Place 7 and that a runoff election is ordered to be held on Saturday, June 23, 2012. Candidates for the runoff election for Place 5 will be Pete Kamp and David Zoltner. Candidates in the runoff election for Place 7 will be Mark Burroughs and Neil Durrance. Respectfully submitted: Jennifer Walters City Secretary CITY F T -� U TI E� T� tJno cia! T C tJ �Y EL CTI — ay 2012 .�car�� I�+ction — ay� 12, 2�12 Page 1 af 1 a�r3 �za� �� z:as � Totat Nurr€ber of Voters : 28,425 af 378,824 = 6.��°le Frecirscts Rep �t�g 295 of �85 = 1 t�0.p0°� �lum�r of �istrict Voters: 3,94� cs€ 57,3<€5 = 6.8$% disf�ic� Pr�cinct� �:ep8rting 3$ crf 38 = 2�OA�°� P Ga ° a� � ..._..�..� _ E�e �ota� � �ou��i BE�. eE s, Yote For 1 S.arry Frederick 284 12.8&95 228 1�.52% 592 13.92% Aete Kamp 9.t27 54.Q4°{'a 696 43.38°la 3<823 49.58% CTavid Zaitrser i87 36,1095 S4S 37.iQ�, 1,342 36.bQ% CaSkY�: 2.206 93.'i6°fo 1,469 93.21°Po 3,577 33.'!8°l0 �v . Q a.ao� o a.cso�a Q o.00� unaerv�: �ez s.sa�,� �a7 s.7s� zss s.sz� �OiiMCI EMBER. 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