HomeMy WebLinkAboutR2007-015s:\our documents\resolutions\07\[ceq air pollution monitoring s[ation.doc
RESOLUTION NO. 0,07-
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE TEXAS COMMISSION ON
ENVIRONMENTAL QUALITY (T.C.E.Q.) GRANTING A LICENSE TO THE TEXAS
COMMISSION ON ENVIRONMENTAL QUALITY (T.C.E.Q.) FOR AN AIR POLLUTION
MONITORING STATION; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The City Manager is authorized to execute an agreement between the City
of Denton and the Texas Commission on Environmental Quality (T.C.E.Q.), a copy of which
agreement is attached hereto and incorporated herein by reference.
SECTION 2. This resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ,~// day of , 2007.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ~ ~ ~ 1b„
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY: ~/
s:\our documents\contracts\07\lceq air pollu[ion monitoring station.doc
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON
The City of Denton, a municipal corporation in Denton County, Texas, acting herein by and
through its duly authorized City Manager, hereinafter called "City" and Texas Commission on
Envirolunental Quality (T.C.E.Q.), an agency of the State of Texas, acting herein by and through its
duly authorized Regional Director, hereinafter called ""f.C.E.Q. or Licensee", hereby make and
enter into the Following agreement.
I.
City hereby graltts unto Licensee a revocable license and privilege to use and occupy a
parcel of land, a part of Denton Municipal Airport in Denton, Denton County, Texas, as shown on
the attached Exhibit "A" which is hereby incorporated herein by reference and made a part hereof.
II.
The term of this agreetent shall be one (1) year beginning on May I, 2007 and ending on
Apri130, 2008, and may be renewed for one additional one (1) year term upon the written approval
of both parties. Either the City or Licensee shall have the right to cancel this agreement by
delivering written notice of such cancellation thirty (30) days before the effective date of such
cancellation to the other parry listed below:
LICENSEE: Tony L. Walker, Regional Director
Texas Commission on Environmental Quality
2309 Gravel Drive
Fort Worth, Texas 76118
CI"CY: George Campbell, City Manager
City of Denton, Texas
215 East McKinney
Denton, Texas 76201
III.
Licensee recognizes that the City of Denton reserves the right to develop any and all land on
the Airport. The City will not be held liable for the effects of current or fitture development which
may cause the inacctvacy of the Air Pollution Monitoring Station.
IV.
Licensee agrees to use the said land only for an air pollution monitoring station. Licensee
recognizes that said land is part of the Municipal Airport of the City of Denton and agrees that any
improvements erected or installed and all activities conducted thereon shall be iu strict compliance
with all regulations and requirements of the Federal Aviation Administration and all applicable
federal, state and local laws, statutes, charters and ordinances.
V.
T.C.E.Q. acknowledges that it is not att agent, serva~tt, or employee of the City, and that it is
responsible to the extent provided by the Texas Tort Claims Act for its own acts and deeds and for
those of its agents, servants, or employees during the term of this license.
VI.
Licensee agrees to pay the City as consideration for the use of said land the sum of One
Dollar ($ L00) per year, the receipt and sufficiency of which is hereby acknowledged.
E CUTED at Denton, Denton
LQ..~ , 2007.
CITY OF DENTON, TEXAS
County, Texas, this the ~ day of
BY: ~ G----
GEORGE .CAMPBE L
CITY MANAGER
ATTEST:
JENNIFER WALTERS,
BY:
SECRETARY
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
B Y:
Page 2 of 3
TEXAS COMMISSION ON
ENVIRONMENTAL QUALITY
BY:
f NY .WALKER
REGIONAL DIRECTOR
ATTEST:
BY:
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