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2009-194sAour documents\ordinances\09\geophysical survey license-amendment.doc ORDINANCE NO. 2009-. lq4 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE FORM GEOPHYSICAL SURVEY LICENSE FOR GEOPHYSICAL TESTING AND SURVEY PURPOSES WITHIN MUNICIPAL STREETS AND MUNICIPAL LANDS, AS APPROVED BY THE CITY OF DENTON, TEXAS PURSUANT TO ORDINANCE NO. 2009-147; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton has received requests to perform discrete geophysical testing and survey operations within municipal streets and/or upon the surface estate of lands owned by the City of Denton; and WHEREAS, the City of Denton approved a form Geophysical Survey License (herein so called) pursuant to Ordinance No. 2009-147, passed and approved by the City Council of the City of Denton on June 16, 2009 (the "Original Ordinance"); and WHEREAS, City of Denton staff has received requests from parties desiring to perform such testing and surveying operations with a minor modification to the Geophysical Survey License approved by the Original Ordinance; and WHEREAS, staff has reviewed such request and recommends that it is in the public interest to amend the Original Ordinance as provided herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. Section 12 (vii) of the Geophysical Survey License attached and made a part of that certain Ordinance No. 2009-147, passed and approved by the City Council of the City of Denton on June 16, 2009, is hereby deleted in its entirety and replaced with the following: (vii) shall not operate any vibroseis equipment upon any paved or improved surface within the Premises in excess of 20,000 pounds per axle. SECTION 3. The City Manager, or his designee, is hereby authorized to enter into "Geophysical Survey License" agreements substantially in the form of the Geophysical Survey License attached to and made a part of that certain Ordinance No. 2009-147, passed and approved by the City Council of the City of Denton on June 16, 2009, as amended by this ordinance. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. Page 1 sAour documents\ordinances\09\geophysical survey license-amendment.doc PASSED AND APPROVED this ~fday of ATTEST: ded~ykk4'1 , 2009. JENNIFER WALTERS, CITY SECRETAR_ BY: BY: Y B: ~ APPROVED AS LEGAL FORM: APPROVED AS LEGAL FORM: ANITA BURGESS, CITY ATTORNEY ANITA BURGESS, CITY ATTORNEY Page 2