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~