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1998-142AN ORDiNANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE ON BEHALF OF THE UNITED STATES OF AMERICA TO ALLOW THE FEDERAL AVIATION ADMINISTRATION TO USE MUNICIPAL UTILITY POLES TO SUPPORT AN AERIAL CABLE ASSEMBLY AT THE DENTON MUNICIPAL AIRPORT, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Manager is authorized to execute a License on behalf of the United States of America to allow the Federal Aviation Administration to use municipal utility poles to support an aerial cable assombly for a 150-foot cable span erossmg the creek between light stations 16 and 18 of the MALSR for Runway 17 at the Denton Municipal Airport, under the terms and conditions contmned wltban the License, which is attached hereto and made a part hereof SECTION II That tlus ordinance shall become effective immediately upon its passage and approval JA~ ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY U S Department of Transportation FEDERAL AVIATION ADMINISTRATION Southwest Region Fort Worth, Texas 76193-0054 License No DTFA07-99-L-01007 Use of Mumcipal Utd~ty Poles (MALSR, Runway 17) Denton, Texas LICENSE 1 For and ~n consideration of the benefit to the Denton Mumc~pal A~rport and to the general pubhc utthzmg same, the undersigned hereinafter referred to as the Licensor, hereby grants to the UNITED STATES OF AMERICA, the hcense, right, and privilege of using munac~pal utility poles to support an aerial cable assembly which ~s located as follows 150-foot cable span crossing the creek between hght stations 16 and 18 of the MALSR for Runway 17, as more particularly shown c~rcled ~n red on FAA Drawing SW-D-8983-1, dated March 4, 1977, attached hereto and made a part hereof 2 This hcense shall become effective October 1, 1998, and shall remain ~n force until September 30, 2018, and may, at the option of the Government, be renewed from year to year The Government's option shall be deemed exercised and the hcense renewed each year for one year unless the Government g~ves 30 days' notice that ~t will not exercase ~ts opUon before this hcense or any renewal thereof expires, PROVIDED, that no renewal thereof shall extend the period of occupancy of the premises beyond the 30th day of September 2018 3 Cancellation The Government may terminate this hcense at any t~me by g~wng at least 30 days' not,ce in wrmng to the L~censor Said notice shall be sent by certtfied or registered mail 40fficmls Not To Benefit No member of or delegate to Congress, or resident comm~ssmoner, shall be admitted to any share or part ofth~s license, or to any benefit arising from ~t However, th~s clause does not apply to this license to the extent that th~s hcense ~s made w~th a corporation for the corporation's general benefit License No DTFA07-99-L-01007 Use of Mumc~pal Utlhty Poles (MALSR, Runway 17) Denton, Texas 5 The Lmensor hereby warrants that ~t has acqmred and possesses an adequate real estate right In the property described hereto, and that ~t ~s authorized to grant to the Umted States of America, the rights and interests set forth here~n 6 Non-Restoration It ~s hereby agreed between the parties, that upon termination of ~ts occupancy, the Government shall have no obhgat~on to restore and/or rehablhtate, e~ther wholly or partially, the property which ~s the subject matter of this hcense It ~s further agreed the Government may abandon m place any or all of the structures and eqmpment installed ~n or located upon smd property of the Lmensor Not,ce of abandonment wdl be conveyed by the Government to the Licensor in writing 7 Covenant Agmnst Contingent Fees The L~censor warrants that no person or agency has been employed or retmned to sohc~t or obtmn th~s hcense upon an agreement or understanding for a contingent fee, except a bona fide employee or agency For breach or wolat~on of th~s warranty, the Government shall have the right to annul th~s hcense w~thout habthty or, ~n ~ts d~scretlon, to deduct from the hcense conslderatxon, or otherwise recover the full amount of the contingent fee Dated thls /~"~ day of "I~alL/~/ ,1998 CITY OF DENTON, TEXAS TITLE C~ty Manac~er THE UNITED STATES OF AMERICA TN,naB NehghTM }7"' TITLE' Contracting Officer 2 License No DTFA07-99-L-01007 Use of Mumc~pai Utility Poles (MALSR, Runway 17) Denton, Texas CORPORATE CERTIFICATE I, Jennifer walters ,certlfythatlamthe C~ty Secretary of the Corporation named in the foregoing agreement, that Ted Benavxdes who signed smd agreement on behalf of smd corporation, was then cx ty Manager thereof, that said agreement was duly signed for and in behalf of smd corporation by authon~ of its governing body, and is within the scope of its corporate powers Datedthls /7~ dayof~/~ , ~9 98 Slgnedby ~ ~~ CORPORATE SEAL ~7~t~ ~/4~