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Resolutions 1980
AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 8TH DAY OF JANUARY, A. D. 1980. RESOLUTION WHEREAS, the City of Denton, Texas and Aerosmlth Denton Corporation are parties to a lease agreement, dated August 26, 1975 whereby Aerosmith is entitled to the sole use of sufficient space in the Administration Building (also known as the Airport Terminal Building) not to exceed fifty percent (50%) of the whole area; and WHEREAS, under the provisions of the sald lease agreement, the City of Denton has the right to recapture, at its option, the use of the Adminlstratlon Building under terms and condl- tlons agreed to by the parties and upon written notice to Aerosmlth at least n~nety (90) days in advance of the effective date of recapture; and WHEREAS, the City Council of the C~ty of Denton, upon careful consideration of the matter, has determined to exercise ~ts optlon under the said provision of the lease agreement to recapture that Administration Bulldlng. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: 1. The City Council of the City of Denton hereby determines that the C~ty of Denton should exercise ~ts option to recapture the use of the Admlnlstrat~on Building as allowed by the said Agreement. 2. The C~ty Manager ~s hereby authorized to advise Aerosmlth Denton Corporation, by written notice, of the City of Denton's lntent to recapture the use of the Administration Building as allowed by the said lease agreement. PASSED AND APPROVED this the 8th day o~ January, A. D. 1980. CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS hURT R; SOLO~O~S ASSISTANT CITY ATTORNEY AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 8TH DAY OF JANUARY, A. D. 1980. RESOLUTION WHEREAS, the Texas Legislature has enacted legislation stating that ~t ~s the policy of the State of Texas to prowde rehabilitation and related services to eligible hand~capped persons so that they may prepare for and engage ~n ga~n£ul occupation; and WHEREAS, the Federal Congress has passed legislation to authorize programs to promote and expand employment oppor- tunities ~n the public and private sectors for handicapped persons and to place such persons ~n employment; and WHERBAS, ~n carrying out the functions vested ~n ~t, the Texas Governor's Committee on Bmployment of the Hand~capped ~s d~rected to work closely w~th local communities to develop employment opportunities £or hand~capped persons, and WHBRBAS, as Mayor and Members of the C~ty Council of the C~ty of Denton, we are deeply interested that there be cooperation between the C~ty of Denton and the Texas Legis- lature, the Federal Congress, the President's Committee on Bmployment of the Hand~ capped, and the Texas Governor ' s Committee on Employment of the Hand~capped ~n the achievement of their stated goals, and NOW, THRRBFORB, BE IT RBSOLVED BY THE CITY COUNCIL OF THE CITY OF DBNTON, TEXAS, THAT SECTION I. We, the Mayor and C~ty Council Members of the C~ty of Denton, Texa~.,~er the authority vested in us, do hereby establish a-4[f~l~t~'Comm~ttee on Employment of the Hand~capped to be affiliated wCth the Texas Governor's Committee on Bmployment of the Hand~capped. I. PURPOSE The Committee shall carry on a cont~nuCng program to promote employment of hand~capped persons. I I. ORGANIZATION 1. The Committee shall operate ~n the geographic limits of Denton. 2. The Committee shall be composed of an open membership of all ~nterested c~t~zens concerned w~th the employment o£ handicapped persons and shall be governed by rules and bylaws as adopted at the £~rst called open meeting and as may be amended thereafter. 3. Administrative support to the Committee shall be prowded by the C~ty of Denton wherein ~t is deemed possible through the use of ex~st~ng support staff. 4. Officers and other Committee members shall serve without pay. S. The Committee shall make such rules and designate such subcommittees as necessary to become an affiliate of the Texas Governor's Committee on Employment of the Handicapped which will provide support to the local committee, wherein possible, through its staff, materials and services III FUNCTIONS A. The functions of this Committee shall be to A. Secure active cooperation and support by employer, labor, veterans, civic, consumer, and other community groups in futhenng employment of persons with disabilities, B. Plan and implement activities, designated to promote employment of persons with disabilities on a year-round bas~s, these activities would include, but would not be l~mlted to, employment development, removal of enwronmental and trans- portation barriers, legislative and legal aware- ness, recognition and awards, and public relations for persons with disabilities, C. Carry out special activities, including but not limited to, National Employ the Handicapped Week, D. Conduct appropriate studies to enhance understand- lng of the rehabllltlatlon and employment needs of persons with handicaps and determine the adequacy of resources to meet those needs, E. Promote establishment of training and other facilities necessary to help persons with disabilities find suitable employment; F. Cooperate with placement, rehabilitation, and other community agencies and organizations in obtaining employer acceptance of 3ob-ready people with disabilities, as well as employer understand- lng of, and the need for compliance with, affir- mative action and anti-discrimination regulations, G. Maintain a year-round public awareness program through the news media and other resources on the employment problems faced by persons with disabilities; H. Act as a cleannghouse for receipt and dis- trlbutlon of all incoming publicity materials distributed from the state committee level, I. Serve as an information exchange on activities planned and carried out by member organizations w~th respect to rehabilitation and employment of persons with disabilities, and J. Cooperate with the Texas Governor's Committee on Employment of the Handicapped in conducting specific activities recommended by the state PAGE 2 committee to promote employment of persons with disabilities. SECTION II. The Committee shall meet on a regular basis throughout the year. There shall be a minimum of four meetings a year. Meetings shall be called at the discretion of the chairperson or mayor SECTION III. This Resolution shall become effective immediately from and after its passage, and shall remain in effect until amended, modified, or rescinded by this Council. PASSED AND APPROVED this the 8th day of January, A D. 1980 BI CITY OF DENTON, TEXAS ATTEST. CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS PAGE 3 RELEASE THE STATE OF TEXAS ( D~ R~ KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON ) WHEREAS, the Czty Council of the City of Denton, Texas, has heretofore by Ordinance No. 69-33, duly enacted on the 9th day of September, 1969, determlned the necessity for and ordered the ~mprovement of East Prairie Street zn the City of Denton, Texas, in the manner and according to the plans and speczf~cat~ons therefore, which plans and spec~flcat~ons have heretofore been approved and adopted by said City Council; and WHEREAS, a notice duly executed in the name of the City of Denton, Texas, of the enactment of the said above described ordinance has heretofore on the 12th day of September, 1969, been filed in the Deed Records of Denton County, Texas, ~n Volume 591, Page 236; and WHEREAS, the City Council of the C~ty of Denton, Texas, by Ordinance No. 69-33, duly enacted on the 12th day of September, 1969, declared the l~ab~lity of the adjacent property owners for a portion of the cost of ~mprov~ng the said port~on of East Prairie Street, and declared the same to be a lien upon the sa~d abutting properties; and WHEREAS, ~n the aforesaid instruments, Lot 139, Block 272 the name of Sherman Byrd was shown to be specially assessed the amount of Three Hundred Seventy-Four and 30/100 Dollars ($374.30); and WHEREAS, the property owner's share of the cost of lmprovlng East Prairie Street in the C1ty of Denton, Texas ls Three Hundred Seventy-Four and 30/100 Dollars ($374.30); now, there- fore, In consideration of the purchase of 17,587.76 square feet of land ~t of Lot 139, Block 272 for drainage improvements on sa~d tract, the sa~d City of Denton, Texas, does hereby forever release and discharge the said Sherman Byrd his heirs and assigns, and Lot 139, Block 272 as shown on the City Map of the said City of Denton, Texas, from any and all special assessment liens and claims arising by virtue of the improvements to East Prairie Street in the City of Denton, Texas, described ~n the aforesaid ordinances by the C~ty Council of sald City, and in the aforesaid notice recorded in Volume 591, Page 236 of the Deed Records of Denton County, Texas. EXECUTED this the ~ day of January, A. D. 1980. ~%~ By:CITY--OF DENTO~TE XAS HOLT v CITY S~.CRETARY CITY OP DENTON, TEXAS THE STATE OF TEXAS ) COUNTY OF DENTON ) BEFORE ME, the undersigned authority, in and for sa~d County, Texas, on th~s day personally appeared Bxll Nash, Mayor of the C~ty of Denton, Texas, known to me to be the person and officer whose name ~s subscribed to the foregoing ~nstrument and acknowledged to me that the same was the act of the said City Council of the C~ty of Denton, Texas, a Municipal Corporation, and that he executed the same as the act of sa~d Municipal Corporation for the purposes and consideration there~n expressed, and ~n the capacity there~n stated GIVEN UNDER ~ HAND ~D SEAL OF OFFICE, Th~s the llth day of Ja~..~ 8 0. %,,% I~ 4 N~Y PUBLIC' IN AND FOR D~NTON COUNTY, T~XAS on expires March ~1, 1981. PAGE TWO - RELEASE - BYRD PAVING ASSESSMENT 10'3 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 15TH DAY OF JANUARY, 1980. RESOLUTION WHEREAS, on June 5, 1979, Burt R. Solomons was appointed as Acting City Attorney of the City of Denton, Texas; and WHEREAS, this City Council approved a small increase in salary for such services; and WHEREAS, a new City Attorney was not appointed and made effective until November 12, 1979, and WHEREAS, th~s City Councll desires to express their appre- ciation for Mr. Solomon's service as Acting City Attorney; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT. 1. The additional amount of $553.60 heretofore expended from the General Funds and paid to Burt R. Solomons as part payment for services as Acting City Attorney from October 1, 1979 to November 12, 1979; be and the same is hereby approved. 2. That this resolution be effective immediately upon and from its passage and approved by this City Council. PASSED AND APPROVED th~s the 15th day of January, 1980. BIlL NASH, MAYOR CITY OF DENTON, TEXAS ATTEST: BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY:~,~..~ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 22ND DAY OF JANUARY, A. D. 1980. RESOLUTION WHEREAS, the City Council of the City of Denton, Texas finds it of grave publlc necessity to amend the City of Denton budget as adopted for the fiscal year of 1979-80 in order to meet unusual and unforseen conditions w~th regard to funding of the Community Development Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: 1. That the official budget of the C~ty of Denton, Texas for the f~scal year of 1979-80 be amended to ~ncrease appro- priations in the General Fund in the amount of $107,000. 2. That a copy of this resolution by the City Counc*l be f~led with the City Secretary and published ~n the next avail- able lssue of the official newspaper of the C~ty of Denton. 3. That a copy of th~s resolution be attached to the official 1979-80 budget as originally adopted. 4. That this resolution be effective ~mmedlately from and upon Its passage an approval by the Clty Council of the Clty of Denton, Texas. PASSED AND APPROVED th~s the 22nd day of January, A.D. 1980. CITY OF DENTON, TEXAS ATTEST: CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 22ND DAY OF JANUARY, A. D. 1980. RESOLUTION WHEREAS, in order to meet present and projected water requirements for the City of Denton, additional water resources are required; and WHEREAS, Aubrey Reservoir has been included in Denton's master plan since at least 1962 when the Cltles of Denton and Dallas agreed, in an interim water supply contract to be the local sponsors of the Corps of Engineers' proposed Aubrey Reservoir; and WHEREAS, Aubrey Reservoir is the last remaining site for a gravity flow source of water on the Elm Fork of the Trinity River, and the last potential reservoir within Denton's water shed; and WHEREAS, the City of Denton and the City of Dallas hold permits for water rights in Aubrey Reservoir, with Denton owning a twenty-slx (26%) percent share and Dallas a seventy-four (74%) percent share and sharing the costs of the pro3ect by these same percentages; and WHEREAS, the U. $. Army Corps of Engineers ~n 1938 ~ncluded Aubrey Reservoir ~n flood control plans for the Elm Fork of the Trinity River, and later classified and received authorization from Congress for Aubrey Reservoir as a multiple purpose reservoir for water supply and recreation pursuant to the River and Harbor Act of 1965; and WHEREAS a financial feasibility study conducted by LWFW Inc., for the Cltles of Denton and Dallas concluded that the Aubrey Reservoir Project w~th construction and financing by the U. S. Army Corps of Engineers ~s the most economical water resource alternative available to the cities at this time; and W~EREAS, the two cltles must enter ~nto water supply and recreation contracts with the federal government before construction can begin; and WHEREAS, proposed contracts require Denton to pay allocated share of actual construction costs, Including interest during construction on all facilities and lands needed for water supply and to share fifty (50%) percent of such costs with federal government for recreation; and WHEREAS, the Corps of Engineers current estimate (in 1979 Dollars) for the total pro3ect investment is $230,451,000 of which Denton's share is $41,513,300 (water supply: $37,744,100; recreation: $3,769,200) to be repaid over fifty (50) years at a specified interest rate, currently 7.21%, with the first payment due when facilities are complete; and WHEREAS, Denton and Dallas will be responsible for their proportionate share of annual operations and maintenance expenses; and WHEREAS, the inclusion of recreation as one of the purposes for the project makes federal participation possible and reduces the cost to Denton for water supply; and WHEREAS, plannlng for recreational actlvltles at the reservolr will recognize that the water level will fluctuate quite frequently as the reservoir is used for water supply, ~ts primary purpose; WHEREAS, It ls desirable for construction of this water supply resource to begin at the earliest possible time and anticipated completion is 1990; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: SECTION I. The Mayor be authorized to enter into water supply and recreational contracts with the United States Army Corps of Engineers for the Aubrey Reservoir Project after completion of final negotiations on subject contracts. SECTION II. The City Manager and Finance Director be authorized to encumber and allocate funds at the appropriate tlme, from Water Utilities current funds for annual repayment of Denton's share of actual construction costs for water supply and recreation and actual operation and maintenance costs for water supply; and from the Parks and Recreation Department current funds for operation and maintenance of recreation facilities provided such source of funds is deemed appropriate by the Council at the time of initial payment of recreational operation and maintenance fees; all of which the U. S. Army Corps of Engineers estimates to be (in 1979 dollars): WATER SUPPLY RECREATION TOTAL Annual Capital $2,618,730 $ 261,590 $2,880,320 Cost Repayment Annual O & M Cost 44~900 166~930 211~830 Total $2,663,630 $ 428,520 $3,092,150 SECTION III. This resolution shall take effect immediately from and after its passage and approval in accordance with the provisions of the Charter of the City of Denton and it is accordingly so resolved. PASSED AND APPROVED this the 22nd day of January, 1980. CITY OF DENTON, TEXAS ATTEST: CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS AT A R~GULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 22ND DAY OF JANUARY, A. D. 1980. RESOLUTION WHEREAS, the Honorable Ray Roberts is the United States Representative for the Fourth Congressional D~str~ct which includes the C~ty of Denton; and W~EREAS, Ray Roberts has served in the U. S. Congress for eighteen years, and was a State Senator ~n the Texas Legislature for seven years prior to that; and WHEREAS, Ray Roberts ~s chairman of the House Veterans' Affairs Committee and chairman of the Water Resources Subcommittee of the Public Works and Transportation Committee; and WHEREAS, Ray Roberts has been a leader in the development and conservation of the nation's water resources, and was the principal author of the Water Resources Development Act and has guided authori- zation of the Aubrey Reservoir Project; and WHERE~S, Ray Roberts has spent many hours working w~th the Corps of Engineers, Texas Water R~ghts Commission and the City of Denton towards assuring the construction of the Aubrey Reservoir Project; and WHEREAS, Ray Roberts has worked hard and d~l~gently towards funding the project and has effectively secured funding for the development of the Aubrey Reservoir Pro3ect; and WHEREAS, the Aubrey Reservoir Pro]ect ~s extremely important to the water supply of the C~ty of Denton and Ray Roberts has worked for the assurance of an adequate water supply for the C~ty of Denton; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: the Mayor of the C~ty of Denton be authorized to petition the Un~ted States Congress to redeslgnate the U. S. Corp of Engineers' Aubrey Reservolr Project in honor of the Honorable Ray Roberts for h~s hard work and ded~catlon in representing the C~ty of Denton regarding ~ts ~nterests and the construction of this reservoir. PASSED AND APPROVED thls the 22nd day of January, A. D. 1980. CITY OF DENTON, TEXAS ATTEST: ~~TY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY, CITY OF DENTON, TEXAS Next DoCument RESOLUTION WHEREAS, it ls necessary for the City Council to establish standards for travel by members of the C~ty Council on City of Denton bus~ness; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. No funds of the C~ty of Denton shall be paid out of the City Treasury for any travel by the mayor or any member of the C~ty Council, or for any debt or other obligation ~ncurred by the mayor or any member of the Czty Council, unless such travel or expenditure has been approved by a majority vote of the Clty Council. SECTION II. Th~s Resolution shall become effective from and after ~ts date of passage. PASSED and APPROVED this the ~-day of ~~$~___, A. D. 1980. ~I~L~NASH, MAYOR CITY OF DENTON, TEXAS ~~y~ATTEST"- APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS ARTICLES OF INCORPORATION ~X~B~ OF DENTON RETIREMENT AND NURSING CENTER FINANCE AUTHORITY THE STATE OF TEXAS : COUNTY OF DENTON ; WE, THE UNDERSIGNED, natural persons of the age of eighteen (18) years or more, citizens of the State of Texas and residents of the City of Denton, Texas (the "City"), actlng as Incorporators of a public instrumentality and non-profit corporation (the "Corporation") under the Texas Housing Finance Corporations Act, having been granted auth- ority by the governing body of the City as evidenced by the resolution attached hereto as Exhibit "A", do hereby adopt the following Artlcles of Incorporation for the Corporation ARTICLE ONE The name of the Corporation is Denton Retirement and Nursing Center Finance Authority ARTICLE TWO The Corporation is a public instrumentality and non- profit corporation, ARTICLE THREE The period of duration of the Corporation is perpetual. ARTICLE FOUR The Corporation is organized exclusively for charitable purposes, including, for such purposes, the making of dlstrlbutlons to organizations that qualify as exempt organizations under Section 501(c) (3) of the Internal Revenue Code of 1954, as amended (or the corresponding provision of any future United States Internal Revenue Law). The Corporation is organized solely to carry out the purposes of the Texas Housing Finance Corporations Act, i.e., exclusively for the purpose of benefiting and accomplishing a publlc purpose of, and on behalf of, the City, by financing the cost of residential development that will provide decent, safe and sanitary housing for residents of the C~ty at prices they can afford. It has been determined and declared by the Legislature of the State of Texas that such residential development will (~) provide for and promote the publlc health, safety, morals, and welfare, (b) relieve conditions of unemployment and encourage the increase of industry and commercial activity and economic development so as to reduce the evlls attendant upon unemployment; (c) provide for efficient and well-planned urban growth and development ~ncludlng the el~mlnatlon and prevention of potential urban blight and the proper coordination of industrial facilities with public servl¢es, mass transportation and residential development; (d) assist persons of low and moderate income in acquiring and owning decent, safe and sanitary housing which they can afford; and (e) preserve and Increase ad valorem tax bases of local governmental units; and the foregoing have been determined and declared by the Legislature of the State of Texas to lessen the burden of government and to be publlc purposes and functions. ARTICLE FIVE The Corporation shall not have the power to make or acquire home mortgages or make loans to lending institutions under the Texas Housing Finance Corporations Act. ARTICLE SIX The Corporation has no members. ARTICLE SEVEN These articles of incorporation may at any time and from time to time be emended so as to make any changes therein and add any provisions thereto which might have been included in the articles of incorporation in the first instance. Any such amendment shall be effected in either of the following manners' (1) the members of the board of directors of the Corporation shall file with the governing body of the City an application in wrltlng seeking permission to emend the articles of Incorporation, specifying in such application the amendment proposed to be made, such governing body shall consider such application and, if it shall by appropriate resolution duly find and determine that it is wise, expedient, necessary or advisable that the proposed amendment be made and shall authorize the same to be made, and shall approve the form of the proposed amendment, then the board of directors of the Corporation may amend the articles of incorporation by adopting such amendment at a meeting of the board of di- rectors and delivering articles of amendment to the Secretary of State, or (il) the governing body of the City may, at its sole discretion, and at any time, alter or change the structure, organization, programs, or activities of the Corporation cludlng the power to terminate the Corporation), subject to any limitation on the impairment of contracts entered into by the Corporation, by adopting an amendment to the articles of incorporation of the Corporation at a meeting of the governing body of the City and delivering articles of amendment to the Secretary of State. ARTICLE EIGHT The street address of the initial registered office of the Corporation ls 215 E. McK~nney Street, Denton, Texas 76201 and the name of its initial registered agent at such address is Brooks Holt. ARTICLE NINE The affairs of the Corporation shall be managed by a board of directors which shall be composed in zts entirety of persons appointed by the governing body of the City. The number of directors constituting the initial board of directors is three (3). The names and addresses of the persons who are to serve as the lnltlal directors, and the dates of expiration of their initial terms as directors, are as follows: DATE OF EXPIRATION OF NAMES ADDRESSES TERM G. Chris Hartung 2217 Woodbrook, Denton, Texas 76201 2-19-83 William H. McNary 2016 Locksley Lane, Denton, Texas 76201 2-19-83 William K. Cole 1213 Windsor Drive, Denton, Texas 76201 2-19-83 Each of the initial directors resides within the City. Each director, including the initial directors, shall be eligible for reappolntment. Directors are removable by the governing body of the City, for cause or at will, and must not be appoint- ed for a term in excess of slx (6) years. Any vacancy occurring on the board of directors through death, resignation, or other- wise, shall be filled by appointment by the governing body of the City to hold office until the expiration of the term for which the v&catlng director had been appointed. ARTICLE TEN The name and street address of each incorporator is Name Addres9 G. Chris Hartung 2217 Woodbrook, Denton, TX 76201 Wllllam H. McNary 2016 Locksley Lane, Denton, TX 76201 William K. Cole 1213 Windsor Drive, Denton, TX 76201 Each incorporator resides within the City. ARTICLE ELEVEN A resolution approving the form of these articles of incorporation has been duly adopted by the governing body of the City. The date of the adoption of such resolution is February 19, 1980. A copy of the resolution is attached hereto as Exhibit A. ARTICLE TWELVE No dividends shall ever be paid by the Corporation and no part of its net earnings (beyond that necessary for re- tirement of the indebtedness of the Corporation or to imple- ment the public purpose of the City for which the Corporation has been created) shall be distributed to or inure to the benefit of its directors or officers or any private person, firm, corpora- tlon, or association except in reasonable amounts for services rendered. No substantial part of the Corporation's actIvities shall be carrying on propaganda, or otherwise attempting to influence legislation, and it shall not participate In, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of or in opposltlon to any candidate for public office. ARTICLE THIRTEEN If the Corporation ever should be dlssolved when it has~ or ls entitled to, any interest in any funds or property of any kind, real, personal, or mixed, such funds or property or rights thereto shall not be transferred to prlvate ownershIp, but shall be transferred and dellvered to the C~ty, after satisfaction or provision for satisfaction of debts and claims. /__ N WITNESS WHEREOF, we have hereunto set our hands, this ay of ~, 19~. Incorporators THE STATE OF T~,XAS COUNTY OF DALLAS : I, the undersigned, a Notary Public, do hereby certify that on th~s 19th day of February, 1980, personally appeared before me G. Chris Hartung, W~lllam H. McNary and Will~am K. Cole, who, each being by me f~rst duly sworn, severally declared that they are the persons who s~gned the foregoing document as ~n¢orporators, and that the statements there~n contained are true. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year above written. AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 19TH DAY OF FEBRUARY, A. D. 1980. RESOLUTION ~EREAS, on Sunday, April 13, 1980, the Sigma Alpha Mu Fraternity ~s sponsoring an Art Festival to be held on Fry Street between the intersection of Oak and Hickory; and ~E~AS, the Art Festival is open to the general public of the City and County of Denton; and ~E~AS, in order to provide adequate space for the sa~d Festival and ~n order to protect the safety of c~tlzens who attend, the City Council of the C~ty of Denton deems ~t ~s necessary to temporarily close a portion of Fry Street between Oak Street and E~ckory Street from the hours of 9:00 A.M. until 7:00 P.M. on April 13, 1980. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: SECTION I. That Fry Street between Oak Street and H~ckory Street shall be temporarily closed as a street or public thoroughfare of any k~nd or character whatever on April 13, 1980 from 9:00 A.M. until 7:00 P.M. for the purpose of holding the S~gma Alpha Mu Art Festival. SECTION II. That the portion of the above described street shall revert back to the City for normal traffic activity immediately from and after 7:00 P.M. on Arpll 13, 1980. SECTION III. That th~s resolution shall take effect and be ~n full force and effect from and after the date of ~ts passage and approval. PASSED AND APPROVED th~s the 19th day of February, A. D. 1980. CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS Next DoCument CERTIFICATE FOR RESOLUTION APPROVING FORMATION OF DENTON RETIREMENT AND NURSING CENTER FINANCE AUTHORITY THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON : I, the undersigned officer of said City, hereby certify as follows: 1. The City Council of said City convened in REGULAR MEETING ON THE 19TH DAY OF FEBRUARY, 1980, at the City Hall, and the roll was called of the duly constituted officers and members of said City Council, to-wit: Bill Nash, Mayor Roland Vela Dick Stewart Ray Stephens Bud Hensley Brooks Holt, Secretary and all of said persons were present, except the following absentees: Bill Nash, thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: RESOLUTION APPROVING FORMATION OF DENTON RETIREMENT AND NURSING CENTER FINANCE AUTHORITY was duly introduced for the consideration of said City Council and read in full It was then duly moved and seconded that said Resolution be adopted; and, after due discussion, said motion, carrying with it the adoption of said Resolution, prevailed and carried by the following vote AYES: Ail members of said City Council shown present above voted "Aye." NOES: None. 2. That a true, full and correct copy of the aforesaid Resolut&on adopted at the Meeting described in the above and foregoing paragraph is attached to and follows this Certifi- cate; that said Resolution has been duly recordded in said City Council's minutes of said Meeting; that the above and foregoing paragraph is a true, full and correct excerpt from said City Council's minutes of said Meeting pertaining to the adoption of said Resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of said City Council as Indicated therein; that each of the officers and members of said City Council was duly and sufficIently notified officially and personally, in advance, of the time, place and purose of the aforesaid Meeting, and that said Resolution would be introduced and considered for adoption at sa~d Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose, that said Meetlng was open to the public as required by law; and that public notlce of the time, place, and purpose of said Meetlng was glven as required by Vernon's Ann. Clv. St art. 6252-17, as amended. SIGNED AND SEALED this the ~ay of March, 1980. (SEAL) THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON : RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING FORMATION OF DENTON RETIREMENT AND NURSING CENTER FINANCE AUTHORITY WHEREAS, an appllcatlon in writing seeking the incorpora- tion of a housing finance corporation under the provisions of the "Texas Housing Finance Corporations Act" has been filed with the Clty Council of the City of Denton (the "C]ty") by =t least three lndlvlduals, each of whom lsa cltlzen of the State of Texas, of the age of 18 years or more and resi- dents of the City; Now, Therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON. Sectlon 1. That, the City Council of the City has found and determined, and hereby finds and determines, that it ~s w~se, expedient, necessary, or advisable that the corporation be formed. Sectlon 2. That, the City Councll of the C~ty hereby approves the form of articles of Incorporation proposed to be used In organlzing the corporation, a copy of whlch ls attached hereto as "Exhibit A", and hereby grants authorlty for the lncorporatlon of the corporation. Section 3. That it ls hereby officially found and deter- m~ned, that a case of emergency or urgent public necessity exists whlch requlres the holding of the meeting at whlch thls Resolution ~s adopted, such emergency being that the adoption of this Resolution is necessary for the incorporation of a housing flnande corporation under the "Texas Housing F~nance Corporations Act"; and that the proceeds from the Issuance of such corporation's bonds are needed as soon as possible and w~thout delay for the beneflt of necessary and urgently needed residential housing for persons of low and moderate lncome within the City; that said meetlng was open to the public as required by law; and that publlc notlce of the tlme, place, and purpose of sald meeting was given as required by Vernon's Ann. Clv. St. art. 6252-17, as amended. Section 4. That all Ordinances and Resolutions and parts thereof in confllct herewith are hereby expressly repealed in- sofar as they conflict herewith. Sectlon 5. That this Resolution shall take effect lnHnedlately from and after its adoption, and it is accord- lngly so resolved. CERTIFICATE FOR RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF T~E CITY OF DENTON., TEXAS~ FOR EXPANSION OF THE LIBRARY THE STATE OF TEXAS : COUNTY OF DENTON CITY OF DENTON : We, the undersigned officers of said City, hereby certify as follows: 1. The City Council of said City convened in REGULAR MEETING ON THE 4TH DAY OF MARCH, 1980, at the Municipal Building (City Hall), and the roll was call- ed of the duly constituted officers and members of said City Council, to-wit: Brooks Holt, City Secretary Bill Nash, Mayor Roland Vela Dick Stewart Ray Stephens Bud Hensley and all of said persons were present, except the following absentees: , thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON, TEXAS, FOR EXPANSION OF THE LIBRARY was duly introduced for the consideration of said C~ty Council and read in full. It was then duly moved and seconded that said Resolution be adopted, and, after due discussion, said motion, carrying with it the adoption of said Resolution, prevailed and carried by the following vote. AYES: Ail members of said C~ty Council shown present above voted "Aye" NOES: None. 2. That a true, full, and correct copy of the aforesaid Resolution adopted at the Meeting described ~n the above and foregoing paragraph is attached to and follows this Certificate, that said Resolution has been duly recorded ~n sa~d City Council's minutes of said Meeting, that the above and foregoing paragraph is a true, full, and correct excerpt from said City Council's minutes of said Meeting pertaining to the adoption of said Resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of said City Council as indicated therein; and that each of the officers and members of said City Council was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the aforesaid Meeting, and that said Resolution would be introduced and considered for adoption at said Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose, and'that said Meeting was open to the public, and public notlce of the time, place, and purpose of said Meeting was given, all as required by Vernon's Ann. Civ. St. Article 6252-17. 3. That the Mayor of said City has approved, and hereby approves, the aforesaid Resolution; that the Mayor and the C~ty Secretary of said City have duly signed said Resolution, and that the Mayor and the City Secretary of said City hereby de- clare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Resolu- tion for all purposes. (SEAL) RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON~ TEXAS~ FOR EXPANSION OF THE LIBRARY THE STATE OF TEXAS : COUNTY OF DENTON : CITY OF DENTON : WHEREAS, it ls deemed necessary and advisable that No- tice of intentlon to Issue Certificates of Obligation be g~ven as herelnafter provided. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON: Section 1. That attached hereto is a form of "NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON, TEXAS, FOR EXPANSION OF THE LIBRARY", the form and substance of which are hereby adopted and approved. Section 2. That the City Secretary shall cause sa~d NOTICE, in substantlally the form attached hereto, to be pub- llshed once a week for two consecutive weeks in a newspaper of general clrculation in the City, the date of the first publlcation to be at least fourteen (14) days prior to the date tentatively set for the passage of the Ordinance author- lzlng the issuance of such Certiflcates of Obligation. AT A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE llTH DAY OF MARCH, A. D. 1980. RESOLUTION WHEREAS, the Texas State Department of H~ghways and Publxc Transportatxon has requested that the street s~gnxng and desxgnat~on for U. S. Highway 77 North of Unxvers~ty Drxve be changed; and WHEREAS, the Traffic Safety Commission has rewewed th~s proposal and recommends approval of the routxng change, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS SECTION I. That the routzng change as proposed by the Texas State Department of Hxghways and Publzc Transportatzon be, and the same ~s hereby approved, as follows H~ghway 77 as xt currently exxsts shall contznue to be routed north on Locust Street from Unzverszty Drxve to Sherman Drxve, then turnxng left on Sherman Drzve to Elm Street, and proceedzng on Elm Street to the corporate limits of the Czty of Denton SECTION II. That thzs Resolutzon shall take effect zmmed~ately after ~ts passage and approval. PASSED AND APPROVED thzs the llth d~aZ of March, A D. 1980 ~IC'L NASH, MAYOR- -' CITY OF DENTON, TEXAS ATLm b6rs HOLT, SECRETA , CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE FOR AND ON BEHALF OF TME CITY OF DENTON ONE ELECTRICAL POWER LINE CROSSING AGREEMENT WITH THE MISSOURI PACIFIC RAILROAD COMPANY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS SBCTION I. The Mayor ~s hereby authorxzed to execute on behalf of the City ,of Denton, Texas one electrical power l~ne crossxng agreement designated as a wire line located at M~le Post 212.40, a copy being attached hereto and made a part hereof for all purposes. PASSED AND APPROVED th~s the~ day of , A. D. 1980. BILL~NA-SH, MAYOR ~' CITY OF DENTON, TEXAS ATTEST: CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS „' fSW 11:9 1895-1- ' ' ,. 'rq -;,' rN <a, ~ F }& t,; e..-~ x +r r ,...~ Form '20014 8/<76' rik",' ` ~. ~ ~ ~ ~ r ( y ?~ ~ f it k,`~F t~'i! ¢ n: "1 r g Y P r i. 'f ry2_tt:" " ~r. 2y 77 _r c ~ ~, L ~`Y r .. ~ '~ -fi' rY fA # < ` ~ ~ . J1'- ~ '(9 d rT°`4Rt}("~ t K ~"...9 < G '.. ~ f 't. ~ ri +. Y ; ..y V ? is 5' -. y, • . r. r,, r ` ~ i -,.~.Wn r .,. 4 "k -1+ < r~ ki. ~a - ; r Y f . ~ ;. ' f ~ f. ~ ..a~T M r y~ $~ 1 { d ° `~~ ~s~ it ~.',".s fa .~I ~~ iFa sd',f4' yc L~ < r o Kr \a 1 r.. .! ~ t ~ ~ .. ~',' * is. c$ y~ s ~ ~ F w~tc+3yp, @4 t,' ~~y.? ~ :' ' ' ,' "~' ~ WIRE` I",INE,LICENSE`') ~ '~"; 's "~ `~~ „: i ~ .'f THIS AGREEMENT executed in dupTiCatet ~' ` ~ ~ ..~'` ~ ~ fl~` ,. ,- ... _ , ;this 29th . day of February ` 19.80 , ,by'~and be tween~F ,_ Missouri''PaC1Yic-Railroad. Compagy„ ... rr:"• t , ; ~ . ' ,a 'Delaware ~`~_ . ,corporation,! Hereinafter called "Carrier"; to,;be addressed at.~ ~ ." 230 North:"13th Street,.St' Louis,=.;Missouri 63103",:'and. ,City of Denton- ~ '~`' s ~ ., t ~ ~. ',. s ;a Municipal ~ corporation 'r ~ hereinafter called :"Licensre'e", to be addressed at. Municipal Buildings Denton, ;Texas 76201 WITNESSETH•" ,*- > ., <.. } -°~ NOWyf THEREFORE, infconsideration o:f the premises and of he covenants `and'=agreements u ,~ Hereinafter,confained, it is agreed ~ , ~ ; ~- ~l Carriei~hereby''grants;'~but o'n solel p ~ ~ ~ ~ •? ~ ° • ' ,,. _, y the hereinsex ressed terms and c"onditions and Licensee hereby accepts, permission. to install, keep', and,us'e the Licensee,'s'own'one (number) } +rcertain+ ~ ,. 13.2'kV <~ s ',, Proposed ;aerial < Power ~-, (proposed o'r existing) (aerial or underground) ;(designation) ~ ~• line and;, also,'every additional wire .~ (power';or telephone) j;~ `y hereafter included .therewith,' and ` appurtenances; aasladaag'- - __ __~:herein;called "Wire Rine", on the` Carrier's property, Herein called; Premises .Wire Line.shalL intersect Carrier's `~`:. `P. .° 'track :},~ -. , ~ at Mile Post 212.40', - `` ,~ - t (track or :right of-,way)_ .Engirieer?s•~Qhainage,Station 11214'}40, ' ti,Denton County, Texas .. ~ , at pX ' 'Denton `t'~ ~ ...Approximate location of':Wire Line is indi ~ ' 'cated by ," heavy,~black .' line on Exhibit.;A`attached hereto•,a's-part hereof; ', ,•,.. _ •The license and:,permisson herein ranted ~ g (a)'are limited toESUCh title and rights asythe Carrier may have,.in'the.Premises,,concerned~ and!the Licensee shal'L',secure~~ t such permission as; may be'necessary-on''account of ahy,other,'existing rghfs;in:~any"third ,party (including, withont',`limitaton, ;rights o-f.~tenanE$~! subtenants,,l'censees,, an8~o'thers .occupying^or u'singk'the Premises,concerried_with Carner'ss~permission) and- (b) are.granted without any warranty, express o'r. implied.` Licensee Hereby agrees`to 'exercise the herein' granted-rights in 'such a~manner';as.not td .interfere~im any way:,with •anyexsting,prior'" rights s Licensee:hereby,agrees'tfiat no damages~shalP be *recoyerable:from Carrier because ~ ~'. ' of 'any dispossession~of-~I:icensee'or because of.-any' failure of,;;defect'in•or extinction {'~'~ ' of Carrier.'s title. ' 2 Licensee, shall furnish o'i do at'Licensee's own,. cost and responsibilityany and all, things .and when and as from Mime ~to, time required. to:'.accompLish whatsoever,~the Licensee., , rr' attempts,o'r`;is bound to dos."at any,; time;'here'und'er. Licensee shahl' ad3usa.`Wire Line to'=any .physical ~change'asmade at',any time in any of;Carrier's property; at all"=times.~keeping'.; Towest conduc"'tor of Wire Line, if aerial;, the• applicable~~statutory cleaiance aliove`'the Eop ~'' of'rail; or~ the minimum •cPearance above the tops of railg'prescrbed by the then-,present '' ~. ` .. ' National Electrica Safety, Code' for" the`,ztype of~~,construction,' support'spacing; ~and,'voltage - of .Wire Line,, whichever is',:greater; with the•conductors.,operating-:at the'tmaximum temper-' ature permitted by~the.Lic'ensee; ,and allrguy or ~messengei:;or;communication' wires~,~are`to be ~'; at .Yeast 28 :_ ' ,~ feet above tfie to ' at'~least ,~ p^of.,rarl.; If underground, Wire'.Line, sha1T be four and ohe-half feet below; the bottom: of rail~thereover,•and'at , 1'eas.t three feet beheath surface of ground beyond.ballast;asectiori.-. Licensee 'sha31 cause' y ..~ _r ~~ ~ f M v;. , _ , , .: ._ . l 'L 4 1 a .n. y . C . ~ ~ ~. , .m. ...::..cn. .: i°' Zr w ~.2 tr._._ _..~ .. ~,...n.._v... v. ..us. ... _ ~...a...r ~ t .. ~ r ~ r'..:. , w r n `~ k' %t,d '. s' t t, d !Jt ) ik+'1C_ ~ f ~.~ Y ~ v ', `i .c t r~"r r s rx is t ~ ~ `. 3 'Kt 4 i A .'d , 6s.". ,r! ~r ..+ ~ ytic~ 4 ~.i 2 Yl ~ - i Form 2D014' a N ~`~ i~ 1: ~ r Ii - v p,. 4 r 8/76 -t"1 ~ b r ,.n. Y a ~' r. v ,'4 y ~t , r t r ~. ~A 7 c ,r awl ~, Y 'Y` a S S,~ . ° F' rY' ~ . ~a r e :•• t f r v. > ~ z 4. , :} t .alt t r 'ir C ~- ' t r '-~,v ~ p ., ~ Ye. / ;` t~ 1 a .. < 1 ` v- r ti _ ,r ' + , .C ~ y 'Wire Line to conform to'the requirements of .'the: then present Na`tional.•Electrical Safety r ti Code of:the. Bureau of _§tandards~::Depar,tment of., Commerce; United-States; of ,Americs';, ~ezcept '-'" •`' ,y a's otherwise hereanabove:provided,~and,where underground Wire :Line carries volstage in a , r~eiccess bf~ 220?Solts Licensee^~ahall place suitable signs, on surface of Carrier's p'•oper~ty r ~,fo indicate loca:hion and; voltage of said Wire nine -.Said things, incauding the `time and, manner ,o f, doing^?any woik~; each shall conform to'~the requirements of ,Carrier as well ra"s~ of any Sta;tee, Fedezal or Municipal;,authority Carrier may; acting for„Licensee,';furnish or do„,,' ' and'Licensee shall pay,and. bear• the co's't of anything'which,ifierein.required; of Licensee at ~;."`. ' ,,'any time;: eitfier -shall not'be,.furnishedi"or done;within:~ten dasys', following Carrier's iai.itten~= " iequest'therefor~.or sfiall be underEaken'by Carrier at Licensee's~`req'uestr Without Simiting,,:r.; r fhe generality of_any of:".the foregoingy~Licensee authorizes Carrier "at the co~st~and on "~'~ .behalf o+f. Li'censee ~ to. furnish and }~-~' '` .;: ,, provide suchtprotective services, devices :and 'structures, .as Carrier may',deem necessary,Y,-in order', to promote the,''safety of Carrier's operations- employees`'and property-;'during or incident to."tfie installation ,of Wirer Line {'Licensee-on qa„',~ ;request sha1l,,~in, advance, deposit with'. Cair>.er'the'e's'timated:cost of any of: the foregoing`` }"' If deposia be ,less than actual cost, Licensee shall}pray difference, if .,more, Carriershall` ~5'; + repay difference ~ y r 'x5 z ,f ,~~ xk r« .'t a t, "? ,: ~' g a0 4 ' - t ~, -- )d i 'i ~ < it i~,l j ~'.yl ~ i i _. ` ) . p c. s , t 3" 4 :~ es ~ta-•a its t4 .£,, },d.Y'J ." fa "1i tw J;»*x,,.~,~'~r ., ti~F Y ! P,y Z5J ~' '" .. Licensee when=returning this ;license (signed)'~shall•pay to Carrier the~fee•of '''. ,: ':Three Hundred~~ ~s Dollars for~the license granted herein 'Any Bother payment sha11~ '" ~ tie made,wthin ;twenty days7foTlowing "receipta of,~bill ~ ``Licen``see sha1L pay cost' to Cartier „ v;. ' ,,:.for all labor, including°:wagesof~foremen, cost;~'ofTmaterial f~o.b, Carner's;:.rails plus `,,.':-' yfieight at tariff~rates•`to point'of use,' plus taxes and~usual5;railroad additives No :,pro ' r visions `of` thisfparagraph, ~nor9 approvalxby'Carr:er~ of any,of,.Licensee's, undertaking§.' ~' shall re.Y ieve Lcensee,~of ant's"responsibility r:-'liablii'ty ;':~ ' Y "'s „~. 3 +L>censee agrees' for (a)~";indemnify and •save harniless the Carrier from and `against ~~;r i~,all 4claims, suits~-,tdamages, costs (including attorneys' fees)r,,'losses,~and ezpenses:,in;any ' „~ .manner;re'sulting'~from•or' arising,~ouf.of.•or in connection witH'the insaallation';` maintenance, ,'„; renewal; :repairp use, exi`s'tence or„removal of `;Wire, Line; and .(B) assume? all• risk of Toss r ~s. ~ . `~ or. damage to WiieC Line ,regardless of how caused and regardless; of any negligence on "the 1a a - pait of Carrier'.:or otherwise'4~ ~'~ ~~ ,. ' =" ^ e. rr - ~ .. n ~ .. .. ^. y., ~; 4 If the gperat>_o or maintenance of Wire Line .shall at'any time cause interference, including 'but not aimited-to°physical interference, from electromagnetic induction; elec Y~ ' trostatic>induction,`or,from stray or other currents, with the facilities of`Carrier''or o5 I`- .any lessee~or lic"ensee or in"an manner'.inteifeies with the"operation,_'maintenance,'or.'use 1 .. -. s ~ y. by' Carrier of rit's;`right.of way, •'tracks,•structures,; pole., lines.;'signal'-and 'communication t ` ;lines, radio or,other equipment;_"devices-, other'Jproperty or.ap'purtenances th'er'e.to,-:Licensee agrees immediately to make such changes;°in,its, own line`s and.'furnish:•such+•profective,devices.,: •' r y_~to~Carriez and its lessees or lcensees;•as shallrbe necessary-:~in the°~judgment`of Carrier's :',~; M.a'- repre'sentative to'aeliminate•such~interfeience ,.,The cost~of such `pro tect>_ve•°equipment:and ' `; its insta3lation sha31 be:borne.,'so1e1 b the"Licensee ' i r~t' S 4 i '1.. ~ t s .Y a L: ,, In the event that the; methods.;above set forth::fail to;~eliminate such interference, •j Jand it is.;deemed necessary by {fie proper~officer_of„Carrier,haping.jursdic'tion'therein ,r that any ,orzall;,facilities of.Carrier or'of;any;lessee~or 1`icensee,tfiereof sfiall be re= , located,`',zeconstructed or`otherwise changed, 'the entire, cost oflsuch change§~shall''be Borne ~. by. the Licensee r ~ ~ - z r,r ,- .:The current due:to elec'trostati'c effects shall;`not exceed 5 O'milliamperes,, rms, „~ .w,rd u, , ~ ~. , , ~: r `~" if~any~`automobil"ecarrier;'or otliezsraiLroa8 car under ;Wire Line'is short-circuited tom'-:.' 'r 7 ? d 1 ~. 1 - r e., r r ., J' A ; Y a Y r ~~i fi.. r ~, 3 s 2 1 r ~' s 'r r F ~ ~ r~" r rt E r.. A4 ( f •y i via •./.(Y1~1 _. S.Q,Y.~ 1 w~.i3.,1 s,4F-v..~.,. ~ 4 Y.~'F u~[#.., f{. uwfMVW'f[i+iBVY.s .~ _~A 4lflx.A .. _.,~ v~nh.. ~". it.. j 1 r '~` ~~ ~"' ••' ~ .Form 20014 ',8/.76 p r i ,~ i iJ. 4 T~ 1~ f ~ - 9 r f. , a ~ l~ i~ I Jr r .4 1` '.1 i ,5 .p'~~ , h5 ` , fir` F- ground In £he.event rt`is,determined that such current, at:•any time ,; exceeds 5 0 mrlli~ ;amperes,~rms,-Carrier:.sha11 have the.ri•ght to, require such..;installation'or`modification• as maybe necessary o. reduce 'the •current to SJO milliamperes; rms„gi•,-less; and theft-: -~" ' ';entire cost of the installation or modification shall'%be borne by the.tLicensee, i ;: If, . in -Carrier;'s opinion, 'changes'in its property'make it impractical ors`unsafe to :" `continue ;the Wire Line'on Carrier's property;Carrier shall have the`"right to terminate .this •.',' agreement on written notice to Licen§ee, , ,;_, N ~: . , ., ~. ~~ ~ y ~ - s ' 5 .'Term hereof shall begin with the date first fiereinabove written, and'-continue thereafter until'ooncludedw(1st) by expiration ,of ., thirty days, following serving; .;by Licensee on•,Carrier;.or. vice versa;~of:written notice,of intention•Eo end:term hereof v a ;or (2nd),' at Carrier's°eiection.;wtfioub •furt}ier,~notice,~' by •expration{ of ., six months without-'the Wire'Line having been installed or byfLicensee failing to 'cure any:`. y 'default'within-ahirty days.fo,Tlowing wiitten•iequest therefor. ,Any notice 'of Carriei.` 'shall'•be~deemed•'served'~when'posted conspicuously, on'Wire Line or when; deposited, postage ;piepai~d` in U .:S__Mail•':addressed„as,aforesaid: ` Not later than last; Say of,aerm ~hereofi'; , Licensee. shall remove'Wiie Line: and restore Premises: Any of.~Wire'Line not'so.removed:~ ~ -" K `shall at Carrier•'a ,election ,without notice be ."deemed ab'andoned.:' Covenants heiein, shall i °inure to or bind ,~each.party's•hei;s; 1`egalrepresentatives,'successors`.and.assigns;' pro r ,vided~.no right o,fr Licensee shall be~transferred•or.assigned; either'"voluntarily or :', ~invoIuntarily; except'by',eicpress'agreement acceptable?to Carrier ,Carrier'•of,Licensee_may ' waive apy: default of ariy_time of_.the other without affecting, o'r impairing any,•right arising ~,.'' , -'from, any`: subsequent ~de',fault,, ,. ;:~ a. ` ~ ..;: ` f i ~ ~ n f" 3 {,1 .ff ` _ y i ~ yam.. .~F _ ti . 4~ Y,''K' ~..• ire >~ i , v ; i . . l~:. ' A, 1 , + s' r T` t. Ju ~ _ ~ W~ t. fi } , j ~ ' -u r. IN~WITNESS WHEREOF;,"the parties hereto have duly executed this agreement as of the .day and year first hereinabove written '• ' r ~ Y., t ~ ,tp a'rt ~. L ,. s. ., ~i', x. ` WITNESSES :~ Y,~~., .. \- - ' =ia i . .' y°',. .: - a '` •~ .~ ,~ t`~ ~ c ~-* _ MISSOURI ~PACIE'IC RAILROAD COMPANY ' - ~ :. `: ~~w`.~.. _ ~~~,~_ ~.. ,..b. ~i.-.*a.. ~~._.: ....BV~ r.. ill r~.C.f-.//%~~~ .. rt, y.~,,,c ,! .v1 J nM M1 `'1• S ~ N e - t•, ~ . . :~. 'f ~% `',. "'~ . ,`K .. \: . ~t..v nl.~ . ~, -' '/~ _ - - ,- - f - i .. 4 ~ • // 'Fh J, ~ S !~ • ~iWj ~ Iti ~ ~ z x 4- ~. - 'c°~ti~ ~ ~i 0;:4, ~ fem./ \`. ..c ~~` ~-~! t •~ C `1"' / u i V O -~`ecoosc a~ o~ ' ~~ ~ _ ~ ~ _- !lZ00 so~~ - - ~~ d _ _ _ ~ - _ ._r. ° _-y_... _ _ ~~ ~ ~ ~ ~ F+YiiU nS ~iJ7 stab .:.. - 9 q7. `Orarn~ o ~ d:.o / I `' D5f 'Ox 1Iz 115 P C.3ox ` ~rG~~ ~ ~'^ ~ ,~yo ",' ~ , .. ~_ 4 ~ ^ i f o ~ ~_ ~ ~ J / ~ I ~ ~• ~-" \ \ ,. o . ~ ~ • ~ - '` EXHIBIT A . ,, ~ _, ,\\~5 ~'' ~ - t~~SSOURf PAGiFIC R1ILROAD CCi'tii?AiyY J~'EX AS DISTRICT. . ~ • ~~~;',~o ~ RED FIVER clvlswn _ y ~ poo~osed lnl ~~e 1..,iN~ C.coss[NaJ _ C:~y o~ Der~oro !' "OFF:C~OF GISTFUCTCi':G!:. ^_EF.'-f~OJ-T;^~,7c . _ _ . - CRAFTS!"s A.'i_~C~ ~ GATE ~~'a~ •~J I FILL RO. :~ ~:. °" RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE FOR AND ON BEHALF OF THE CITY OF DENTON THREE ELECTRICAL POWER LINE CROSSING AGREEMENTS WITH THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS SECTION I. The Mayor is hereby authorized to execute on behalf of the City of Denton, Texas three electrical power l~ne crossing agreements designated as X3454, X3455 and X3460, a copy of each being attached hereto and made a part hereof for all purposes. PASSED AND APPROVED th~s the ~ay of ~ , A. D. 1980. B~L~NASH, ~4;(YO~ ' ~ CITY OF DENTON, TEXAS ATTEST: APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS RESOLUTION WHERBAS, the C~ty of Denton has not~E~ed all the banking ~nst~tut~ons within the C~ty of ~ts ~ntent to receive b~d applications for the custody of C~ty funds for a term beginning on October 1, 1979, and ending on September 30, 1981, and WHEREAS, the City of Denton has received b~d proposals from banking institutions within the City desiring to be designated as a deposItory of C~ty funds; and WHEREAS, the sa~d b~d proposals were opened on the 18th day of September, 1979, and examined by the C~ty Council; and WHEREAS, after such opening the City Council found on the basis of the b~d proposals that F~rst State Bank of Denton, Texas had submitted the proposal offering the most favorable terms and conditions to the C~ty for the handling of such funds, and WHEREAS, the Resolution passed by the City Council on September 18, 1979 designating the F~rst State Bank of Denton as the depository of City funds incorrectly recited the termination date to be September 50, 1980, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS SECTION I. The DeposItory Resolution passed and approved by the C~ty Council on the 18th day of September, 1979 designating The F~rst State Bank of Denton as deposItory of C~ty funds ~s hereby amended so that the f~rst subparagraph 1 shall hereafter read as follows 1. That The F~rst State Bank of Denton, Texas ~s hereby selected and designated as the depository for C~ty funds for a term beginning on October 1, 1979 and ending on September 30, 1981 SECTION II. That th~s Resolution shall become effective ~mmedlately u on PASSED AND APPROVED this the , 1980. CITY OF DENTON, TEXAS ATTEST.lo ~ / ])ROO~S HOLT, ClffY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM' C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY RESOLUTION WHEREAS, the City of Denton finds ~t necessary to purchase a certain tract of land located in the City of Denton, Texas, and more fully described below, and WHEREAS, the City Council of the City of Denton is of the opinion that the best interest and welfare of the public will be served by the purchase of the parcel of real estate described below, and WHEREAS, the City of Denton and owner of said parcel, Charlcle H. Townson, agree that a consideration of $13,580 00 is a fair and agreed value of such described property, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT' 1. The City Attorney is hereby authorized to prepare whatever legal documents are necessary to complete the transfer of property so described below from the owner thereof to the City of Denton All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the S. C. Hiram Survey, Abstract No 616, and being part of Tract A of the Expressway Industrial Park (Shady Oaks Industrial Park) an addition to the City and County of Denton, and also being the Fourth Tract of land as conveyed from First Texas Savings Association of Dallas to Charlcle H. Townson by Deed dated May 12, 1977 and recorded in Volume 834, Page 851 of the Deed Records of Denton County, Texas, and more particularly described as follows BEGINNING at the southwest corner of said tract, said point of beginning also lying at the intersection of the east right of way l~ne of Duncan Street with the north right of way line of Dallas Drive (U.S Highway 77), THENCE north 1° 12' 18" east along the east right of way line of Duncan Street same being the west boundary line of said tract, a distance of 107.29 feet to the northwest corner of said tract; THENCE south 87° 40' 47" east along the north boundary line of said tract a distance of 109.9 feet to the northeast corner of said tract said point also lying in the west right of way line of Willow Springs Drive, THENCE south 42o 38' 13" west along the east boundary line of said tract same being the west right of way line of Willow Springs Drive, a distance of 140.0 feet to the southeast corner of said tract said point also being the intersection of the west right of way line of Willow Springs Drive with the north right of way line of Dallas Drive (U.S. Highway 77), THENCE north 89o 25' 52" west along the south boundary line of said tract same being the north right of way line of Dallas Drive (U. S. Highway 77) a distance of 17 24 feet to the place of beginning and containing 6790.48 square feet of land, more or less. 2. The C~ty of Denton ~s hereby further authorized to pay Charlcle H. Townson as owner of sa~d described property, consideration in the amount of $15,580.00 purchase price, plus any other necessary and reasonable costs of closing. 3. Thzs Resolutzon shall take effect zmmedzately from and after zts passage and approval zn accordance wzth the provzslons of the Denton City Charter. PASSED AND APPROVED th~s the ~f day of ,~'~f , 1980. CITY OF DENTON, TEXAS ATTEST~'~ BRUMIPKHOLT, CITY SECRETARY CITY OF DENTON, TNXAS APPROVED AS TO LEGAL FORM. C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY RESOLUTION WHEREAS, the City of Denton finds it necessary to purchase a certain tract of land located in the City of Denton, Texas, and more fully described below, and WHEREAS, the City Council o£ the City of Denton is of the opinion that the best interest and welfare of the public will be served by the purchase of the parcel of real estate described below, and WHEREAS, the City of Denton and owner of said parcel, Texas Power ~ L~ght Company, agree that a consideration of $5,191.83 is a fair and agreed value of such described property, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT 1. The City Attorney is hereby authorized to prepare whatever legal documents are necessary to complete the transfer of property so described below from the owner thereof to the City of Denton' All that certain lot, tract or parcel of land lying and being situated ~n the City and County of Denton, State of Texas, and being part of the S. C. Hiram Survey, Abstract No 616, and also being part of a tract of land as conveyed from J B Duncan and Clara May Duncan to Texas Power and Light Company by deed dated July 18, 1924, an recorded in Volume 193, Page 336 of the Deed Records of Denton County, Texas and more particularly described as follows BEGINNING in the north boundary line of said tract said point of beginning lying in the east right of way line of Duncan Street and also being the southwest corner of a tract of land as conveyed by Morty Freedman, et al to Add~son Lee Phluger, Trustee by deed dated November 19, 1974, and recorded in Volume 727, Page 366 of the Deed Records of Denton County, Texas, THENCE south 850 44' 20" east with the north boundary l~ne of said Texas Power and Light Company tract, same being the south boundary line of Lot 1, Block A of the Shady Oaks Industrial Park a distance of 40 feet to a point for a corner, THENCE south 47° 21' 47" east a distance of 106 feet, more or less, to a point for a corner in the west right of way line of Willow Springs Drive; THENCE southwest with the west right of way line of Willow Spring.s Drive a distance of 10 feet, more or less, to a point for a corner ~n the south boundary line of said Texas Power and Light Company tract said point also being the northeast corner of a tract of land as conveyed by Wlll~am A. Hutch~ns, Trustee to Oak Cliff Savings and Loan Association by deed dated July 2, 1975 and recorded in Volume 750, Page 702 of the Deed Records of Denton County, Texas, THENCE north 870 40' 47" west with the south boundary l~ne of said Texas Power and Light Company tract same being the north boundary line of said Oak Cliff Savings and Loan Association tract a distance of 57.18 feet to a point for a corner, THENCE north 47° 21' 47" east a d~stance of 77 feet, more or less, to a point for a corner ~n the east r~ght of way l~ne of Duncan Street; THENCE northerly w~th the east r~ght of way l~ne of Duncan Street a d~stance of 28 feet, more or less, to the place of beginning and containing 5,191.85 square feet of land, more or less. 2. The C~ty of Denton ~s hereby further authorized to pay Texas Power ~ L~ght Company as owner of sa~d described property, consideration ~n the amount of $S,191 85 purchase price, plus any other necessary and reasonable costs of closing 3. Th~s Resolution shall take effect ~mmed~ately from and after ~ts passage and approval ~n accordance w~th the prows~ons of the Denton C~ty Charter. PASSED AND APPROVED th~s the ,~f' day of _zY'~ , 1980 BIL~I~SH; MA'Y(TI~-- CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C J TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS . /~ ~ ~ ~ :. %_ _ ~~~ ~ RESOLUTION .~' AUTHORIZING AND APPROVING THE CREATION OF ANONPROFIT INDUSTRIAL DEVELOP~~tENT CORPORATION TO ACT ON BEHALF OF THE CITY OF DENTON, TEXAS WHEREAS, an application in writing requesting the au- thorization and approval of the creation of a nonprofit industrial development corporation to act on behalf of the City of Ucnton. Texas, under the provisions 'of the "De- velopment Corporation Act of 1979" has been filed with the " governing body of the City of Denton, Texas, (being .its 'Ci~y Council) by at-least three natural persons, each of .whom is at least 18 years of age., and each of whom is a qualified elector of the City of Denton, Texas; and `S1FiEREAS; fhe'City.of'__ Denton,-----Texas; is-a duly'in=" corporated Home Rule City, having more than 5000 inhabitants operating and existing under the Constitution and laws of the State of Texas and the duly adopted Home Rule Charter of said City. THEREFORE, -BE .IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF' DENTON, Section 1. That, the governing body of the City of Denton,. Texas, has found and determined, an3 hereby finds and determines, that said 'application is in proper form and that it has been signed by at least three natural persons, each of whom is at least 18 years of age. end each of whom is a quali- fied elector of the City of Derion, Texas. Section 2. That, the .governing body of the City of Denton, Texas, Yias found and determined, and hereby finds and determines, that it is advisable that a nonprofit industrial development corporation be authorized and created, with such nonprofit industrial development corporation to be known as `-"-°CIty of"'DentOn, Industrialis'v'~:GpmCia°~d~_~:^~i_t-y° Section 3. That, the governing body of the City of Denton, Texas, hereby approves the Articles of Incorporation and the Bylaws proposed to be used in organizing the nonprofit industrial development corporation (copies of which were at- tached to the above-described application and copies of which are attached to this Resolution and made a part hereof for all -~~ purposes) and hereby grants authority for the incorporation of the nonprofit industrial development corporation, and the initial directors named in said Articles of Incorporation shall be deemed to have been appointed, and are hereby appoint- ed, as the initial directors by the governing body of the City of Denton, Texas. Section 4. That, the public purposes of the City of Denton, Texas, which the nonprofit industrial development corporation may further on behalf of the City of Denton , Texas, are the promotion and development of commercial, in- dustrial, and manufacturing enterprises to promote and.en- ___ _ courage employment and the public welfare. Section S. That, the nonprofit industrial development orporation is hereby authorized to agree with any person, firm, corporation, or other entity to issue bonds, in accor- dance with and subject to the provisions of the Development Corporation Act. of 1979, not to exceed $10,000,000 in prin- cipal amount for any one project, unless a greater principal amount specifically is approved by resolution of the govern- ing body of the City of Denton, Texas, for the purpose of the promotion and development of any commercial, indus- trial, or ~inanufacturing enterprise, and all such agreements are hereby approved. ;; - ~ ~` `~"•"`'~7 ~,v~ J'"~ CERTIFICATE I'OR ~ '' _-- ' ;- .; RESOLUTION AUTf10RIZING ANO APPROVING THE CREATION - ~ OF A NONPROFIT INDUSTRIAL DEVELOPMENT CORPORATION i TO ACT ON BEHALF OF THE CITY O1~ DENTON, TEXAS THE STATE OF TEXAS _ \ COUNTY OFDC-NTON CITY OF DENTON We, the undersigned officers of said City, hereby certify as •follows 1. The City Council of said City convened in ,REGULAR A1EETING ON TFIE 1j{},l DAY OP ~~L~ 1980,E at the Municipal Building, and the rho 1-was .called of the duly constituted officers and me/m~berps ofy/said Cityyy~Counc/i~l, tot-wit: ~J~ ~J ") fl~'' yZ /7 p~ /~l_/~d~'Y ~~/~~Y~Y+O.i /~:•'.LJ~~. i'K.'~[ra..R' /wz:/~NY~ L~..~P^""c"¢" ~ l ~" 'and all of-said persons were present, except the following absentees: Nn-1f' thus constituting a quorum. Whereupon, among other business, -the following was transacted at said Meeting: a written RESOLUTION AUTHORIZING AND APPROVING THE CREATION OF A NONPROFIT INDUSTRIAL DEVELOPMENT CORPORATION TO ACT ON BEHALF OF THE CITY OF DENTON, TEXAS was duly. introduced for the consideration of said City Council and read in full. It was then duly moved and seconded that said Resolution be adopted; and, after due .discussion, said motion, carrying with it-the adoption of said Resolution, prevailed and carried by .the following vote: AYES: All members of said City Council shown present above voted "Aye". NOES: None. 2. That a true., full, and correct copy of the__aforesaid Resolution adopted at the Meeting described in the above and - -foregoing p aph i"s=a"t'ca~Yrcd~tc~a.-.3-fo3-1•c:vs-tl:._-s-6e-rr_if_ica.te.;____ that said Resolution has been duly recorded in said City Council's minutes of said Meeting; that the above and foregoing paragraph is a true, full, and correct excerpt from said City Council's minutes of said Meeting pertaining to the adoption of said Reso- lution;. that the persons named in the above and foregoing para- membersroftsaiduCityhCounciluas1indicated therein~fandethatneach f •of the officers and members of .said City Council was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the aforesaid Meeting, and that . said Resolution would be introduced and considered for adoption at said Meeting, and each of said officers and members consented, - in advance, to the holding of said Meeting for such purpose; and that said Meeting was open to the public, and public notice of the time, place, and purpose of said Meeting was given, all as required by Vernon's Ann. Civ. St. Article 6252-17. 3. That the Mayor of said City has approved, and hereby approves, the aforesaid Resolution; that the Mayor and the City ,~"~• Clerk of said City have duly signed said Resolution; and that __~ ~=~x_ne~Mayor and the City Clerk of said City hereby declare that t~~~ their<-s:~gning-of -ths_Certi ficate_..-s ha_ll`consti_tute _the. sianinq- - ~` ~of~the~attached and following copy of said Resolution for all ` - ~ p`u~rpo"ses` ,L~ "-- -~' /~ SbIGNE ND SEALED he T da of r~ , i ~ ~ 17~ ../~`~ ~; ~~~ SEAL" City Secretary yor ARTICLES OF INCORPORATION OF CITY OF DENTON INDUSTRIAL DEVELOPMENT CORPORATION THE ISTATE OF TEXAS : COUNTY OF DENTON : WE, THE UNDERSIGNED natural persons, not less than three in number, each of whom is at least 18 years of age, and each of whom is a qualified elector of the City of Dpnton~ Texas, (which is a duly incorporated Home Rule City, having more than 5000 inhabitants, operating and existing under the Constitution and laws of the State of Texas and the duly adopted Home Rule Charter of said City), acting as incorporators of a public instrumentality and nonprofit in- dustrial development corporation (the "Corporation") under the "Development Corporation Act of 1979", with the approval of the governing body of the City of Denton~ Texas, as evidenced by the Resolution attached hereto and made a part hereof for all purposes, do hereby adopt the following Arti- cles of Incorporation for the Corporation: ARTICLE ONE The name of the Corporation is C1ty of Denton~ Industrial Development Authority. ARTICLE TWO The Corporation is a nonprofit corporation, and is an industrial development corporation under the Development Corporation Act of 1979. ARTICLE THREE The period of duration of the Corporation is perpetual. ARTICLE FOUR The Corporation is organized exclusively for the purposes of benefiting and accomplishing public purposes of, and to act on behalf of, the City of Denton; Texas, and the specific purposes for which the Corporation is organized and may issue bonds on behalf of the City of Denton~ Texas, are the promotion and development of commercial, industrial, and manufacturing enterprises to promote and encourage employment and the public welfare, pursuant to the Development Corporation Act of 1979. The Corporation is a constituted authority and a public instrumentality within the meaning of the regulations of the United States Treasury Department and the rulings of the Internal Revenue Service prescribed and promulgated pursuant to Section 103 of the Internal Revenue Code of 1954, as amended, and the Corporation is authorized to act on behalf of the City of Denton~ Texas, as provided in these Articles of Incorporation. However, the Corporation is not a political subdivision or political corporation of the State of Texas within the meaning of 1ts constitution and laws, Including without limitation Article III, Section 52, of said constitution, and no agreements, bonds, debts, or obligations of the Corporation are or shall ever be deemed to be the agreements, bonds, debts, or obliga- tions, or the lending of credit, or a grant of public money or thing of value, of or by the City of Denton~ Texas, or any other political corporation, subdivision, or agency of the State of Texas, or a pledge of the faith and credit of any of them. ARTICLE FIVE The Corporation has no members and is a nonstock cor- poration. ARTICLE SIX These Articles of Incorporation may at any time and from time to time be amended as provided in the Development Corporation Act of 1979 so as to make any changes therein and add any provisions thereto which might have been Includ- ed in the Articles of Incorporation in the first Instance. Any such a~endment shall be effected in either of the lng manners: (i) the members of the board of directors of the Corporation shall file with the governing body of the Cxty of Denton~ Texas, a written application requesting approval of the amendments to the Articles of Incorporatlon, spe¢ifylng in such applicatlon the amendments proposed to be ~ade, such governing body shall conslder such appllcatlon and, if it shall by approprlate resolutlon duly flnd and determine that it is advisable that the proposed amendments be made and shall approve the form of the proposed amendments, then the board of directors of the Corporation may amend the Artlcles of Incorporation by adoptlng such amendments at a meeting of the board of directors and delivering articles of amendment to the Secretary of State, or (~1) the governing body of the City of Denton~ Texas, may, at its sole dlscretlon, and at any time, amend these Articles of Incor- poration, and alter or change the structure, organization, programs, or activities of the Corporation, or terminate or dlssolve the Corporatlon (sub3ect to the provisions of the Development Corporatlon Act of 1979, and sub]ect to any limitation provided by the constitutions and laws of the State of Texas and the United States of America on the impairment of contracts entered Into by the Corporation) by written resolution adoptlng the amendment to the Artlcles of Incorporation of the Corporatlon or articles of dissolution at a meeting of the governing body of the City of Denton~ Texas, and dellverlng articles of amendment or dlssolutlon to the Secretary of State, as provided in the Development Corporation Act of 1979. Restated Artlcles of Incorporation may be filed with the Secretary of State as provlded in the Development Corporation Act of 1979. ARTICLE SEVEN The street address of the initial registered office of the Corporation is: MunlclpalBudd~n§,215E. McKlnney, Denton~Texa$ 7620! , and the name of its initial registered agent at such address ls ARTICLE EIGHT The affairs of the Corporation shall be managed by a board of directors which shall be composed in its entirety of persons appointed by the governing body of the City of D,en~ont Texas. The number of directors constituting the initial board of directors is three. The names and street addresses of the persons who are to serve as the initial directors, and the dates of expiration of their initial terms as directors, are as follows DATE OF EXPIRATION OF NAMES ADDRESSES TERM Each of the initial directors resides within the Clty of Denton~ Texas. Each director, including the initial directors, shall be eligible for reappolntment. Directors are removable by the governing body of the City of Denton~ Texas, for cause or at will, and must not be appointed for a term an excess of slx years. The directors shall serve as such without compensation except that they shall be reim- bursed for their actual expenses incurred an the performance of their duties as directors. Any vacancy occurring on the board of directors through death, reslgnataon, or otherwise, shall be filled by appointment by the governing body of the City of Denton~ Texas,to hold office until the expiration of the term for which the vacating director had been appointed. ARTICLE NINE The name and street address of each Incorporator as: NAME ADDRESS ARTICLE TEN The City of Den~on~ Texas, has speclfmcally author- lzed the Corporataon by Resolution to act on its behalf to further the publac purposes stated In saad Resolutaon and these Artacles of Incorporataon, and the City of Den~on~ Texas, has by saad Resolutaon approved these Articles of Incorporataon. A copy of saad Resolutmon is attached to these Artacles of Incorporataon and made a part hereof for all purposes. ARTICLE ELEVEN No davldends shall ever be paad by the Corporation and no part of its net earnings remalnmng after payment of ats expenses shall be dastrabuted to or inure to the benefit of its darectors or officers or any lndavmdual, farm, corpora- taon, or assocaatlon, except that an the event the board of darectors shall determine that sufficient provision has been made for the full payment of the expenses, bonds, and other obligations of the Corporation, then any net earnings of the Corporation thereafter accruing shall be paid to the Caty of Den~on~ Texas. No part of the Corporataon's actav~tles shall be carrying on propaganda, or otherwmse attempting to anfluence legislataon, and it shall not partlcapate in, or antervene an (ancludang the publishing or dlstrmbutang of statements), any political campaign on behalf of or In opposition to any candidate for public offace. ARTICLE TWELVE If the Corporation ever should be dissolved when it has, or is entitled to, any interest in any funds or property of any kind, real, personal, or mixed, such funds or prop- erty or rights thereto shall not be transferred to prlvate ownership, but shall be transferred and delivered to the Clty of Denton~ Texas, after satlsfact~on or provision for satisfaction of debts and claims. IN WITNESS WHEREOF, we have hereunto set our hands, this ~day of,~' 1980. INCORPORATORS THE STATE OF TEXAS : COUNTY OF DENTON : I, the underszgned, a Notary Publzc in and for the above County, do hereby certify that on this ~'4~day of .. ~, 1980, persOnally appeared before me~,~-~ ~4~.~ , and~,~~ , who, each being by me first duly sworn, severally declared that they are the persons who signed the foregoing document as incorporators, and that the statements there~n contazned are true. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year above wr~tt~ ~/~/~ N~i~ry Pubhc in and for Denton County, Texas My Commission Expires /~-~/-~6~ (NOTARY PUBLIC SEAL) NIxt DoCument RESOLUTION WHEREAS, the C~ty of Denton desires to w~den Loop 288 from the MKT Railroad Overpass to U.S. Interstate 55E, and WHEREAS, the State of Texas, acting through its State Highway and Public Transportation Commission, has agreed to participate with the C~ty of Denton on th~s pro3ect, and WHEREAS, the State of Texas requires that all council- persons of the C~ty of Denton execute an escrow agreement with the State for its participation, NOW, THEREFORE, BB IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT SECTION I. It is the intent of the City Council of the City of Denton, Texas to participate with the State of Texas in widening Loop 288 from the MKT Railroad Overpass to U S Interstate 5SE, and all councllpersons are hereby authorized to execute originals of the attached Escrow Agreement required by the State of Texas to achieve th~s purpose. SECTION II That th~s resolution shall take effect ~mmed~ately from and PASSED AND APPROVED th~s the day of , 1980. BILl CITY OF DENTON, TEXAS ATTEST: APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS . ~. . _u C 2250-1-10 Denton County STATE OF TEXAS ]( X COUNTY OF TRAVIS ~ .. ~_ ~ -THIS AGREEMENT, made this / ~ day of ~~.$/iw~ 1980 by and between the City of Denton, Texas, hereinnafer called the ' °City", Party of-the First Part, acting by and through its-City Council and the State of Texas, hereinafter called the "State", Party of the Second Part, acting by and through its State Highway and Public Transportation Commission. SdEIEREAS, the City desires the construction of grading, storm sewers, flexible base, concrete curb, gutter, asphaltic concrete pavement and incidental items within the limits from M.K.T. Railroad. Overpass. to Interstate Highway N'o. 35E on Loop 288, which is solely the City's responsibility and the City has requested the State to construct or have constructed this work. The State caill construct or haveconstructed this work for and on .behalf of the City and at the City's sole expense, excluding preliminary engineering.. The estimated construction cost of this work is Four Hundred Eight Thousand Three Hundred and No/100 Dollars ($403,300.00), including contingencies and construction engineering,and ~ ~. [dIlEREAS, the City by the execution of this agreement agrees to the terms and conditions of Commission Afinute No. 76943, as it applies to the City, a copy of which is attached hereto and marked "Exhibit A" and made a part of this agreement. 1. ,,; , ' NOW THEREFORE, it is understood that this proposed work will be constructed by the State and the City will transmit to the State with the return of this agreement, executed by the City, a warrant or check made payable to the State Treasurer, Account of Trust Fund - No. 927 in the amount of Four Hundred Eight Thousand Three Hundred and No/100 Dollars ($408,300.00), to be used in paying for. the proposed work required by the City in the City of Denton. It is further understood that the State will construct only those items ' for the City as requested and required by the City and the entire cost of such items, excluding preliminary engineering, will be borne by the City. If the State elects to receive bids and if upon receipt of bids by the State and/or the actual construction and/or approved changes in the contemplated improvements it is found that this amount is insufficient to~pay the City's portion, then the City upon request of the State will-forthwith supplement. this amount by an amount equal to the City's full estimated or actual share of the cost of this work less the amount previously paid into Trust Fund No. 927. In the event the amount as paid is more than the actual .cost, then the excess amount will be returned behalf of the City,.as herein provided, will include the cost of contingencies and construction engineering. It is further under- stood that the City by the execution of this agreement agrees to the terms and conditions of Commission Minute No. 76943; as it applies to the City, a copy of which is attached hereto and marked 2. ?: ~q ~+, ~ ,~ w A.: "Exhibit A" and made a part of this agreement. ~ ~ ~ ~ ~. ' ~ - ~ ~ '. 2 IN TESTIMONY WHEREOF, the parties hereto have caused these. presents to be executed in duplicate on the day above stated. CITY OF DENTON P/~o lst , ' st Part BY~ /A ~'i/ Pfayor BY~.~ "Memmber" ity ay: M b o Ci y By: Member of City _/ By: Member o CiEv STATE OF TEXAS STATE HIGHWAY AND PUBLIC TRANSPORTATION C04L*1ISSION Party of the Second Part Certified as being executed-for the purpose and effect of activating and/ or carryiFig'out the or8e'rs; es tabTished`. Poli-cies, or~work programs heretofore approved-and authorized by the State Highway and Public Transportation CommisSyon: S /~f/l By : C/j}~~f~j~~~ //fj '' Asst. Engineer-Director under authority of Commission Minute 70104 Recommended for execution: 3, ~ ~sr ~.x 1 ~ .', T. ' - ~'& „_ . - 4 T [i:iw~i • ~'- ,F,t^~ _ - r.4 "it ~.. WHEREAS, in DENTON COUNTY on LOOP 288 in Denton from hli;souri- Kansas-Texas Railroad Overpass to Interstate Highway 35E, a distance of . approximately 0.4 mile, the City of Denton has requested cons [ruction to~ provide access to Denton Mall; and WHEREAS, the Stag Department of highways and Public Transperta- Lion desires to_assist i.n__ths revue t.; v _ _ _ __ NOW, THEREFORE, the ingineer-Director is directed to enter into any necessary-agreements with'the City of Dentori for development of the project and to proceed in the most feasibPe and economical manner ,rith construction of grading, structures and surfacing at an estimated cost of $392,000.00, financing the cost witf: funds made available by ,the City of Denton. 1.11nute No. 76940 February 20, 1980 COPY "EXHIBIT A" RBSOLUTI ON BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT SECTION I The pro3ect by the City of Denton to widen Loop 288 from the MKT Railroad Overpass to U.S. Interstate 5SE is hereby approved for the Street Improvement Fund. SECTION II The City Manager is authorized to transfer the sum of $$00,000 from the Electric System Fund to the Street Improvement Fund as a cash advance to be repaid from General Revenues over a five (5) year period at an interest rate of ten PASSED AND APPROVED th~s the ay of , 1980. CITY OF DENTON~ TEXAS ATTB~/T~ ~-' CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS THE STATE OF TEXAS ~ COUNTY OF DENTON ~ RESOLUTION IN APPRECIATION OF CITY OF DENTON ~ BILL NASH WHEREAS, Blll Nash has served the citizens of the City of Denton as a Member of the City Council for four years; and WHEREAS, Bill Nash has served as Mayor of the C~ty of Denton for the past year; and W~EREAS, B~ll Nash has contributed h~s t~me and effort as Mayor and as a Member of the City Council as a public service to the citizens of the C~ty of Denton; now, therefore, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. The Mayor and City Councll of the City of Denton acting on behalf of the c~t~zens of the C~ty of Denton w~shes to express to Bill Nash the appreciation of the c~tlzens of the Clty of Denton for his service as Mayor and as a Member of the C~ty Council. SECTION II. The Mayor and City Council direct and order that this Resolution be made a part of the official m~nutes of th~s Council to be a permanent record of the C~ty, and that a copy of th~s Resolutlon be forwarded to B~ll Nash as a token of our appreciation. PASSED AND APPROVED this the-~ day of ~ ~ARD O~l STEWART, MAYOR- 'CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS RESOLUTION WHEREAS, on Sunday, April 27, 1980, the S~gma Alpha Mu Fraternity ~s sponsoring an Art Festival to be held on Fry Street between the intersection of Oak and Hickory, and WHEREAS, the Art Festival ~s open to the general public of the City and County of Denton, and WHEREAS, ~n order to provide adequate space for the said Festival and ~n order to protect the safety of citizens who attend, the C~ty Council of the C~ty of Denton deems ~t is necessary to temporarily close a portion of Fry Street between Oak Street and H~ckory Street from the hours of 9 O0 A.M until 7 O0 P.M. on April 27, 1980. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT SECTION I. That Fry Street between Oak Street and Hickory Street shall be temporarily closed as a street or public thoroughfare of any k~nd or character whatever on April 27, 1980 from 9 O0 A.M. until 7'00 P.M. for the purpose of holding the Sigma Alpha Mu Art Festival SECTION II. That the portion of the above described street shall revert back to the City for normal traffic activity ~mmed~ately from and after 7 O0 P.M on Arpil 27, 1980. SECTION III. That th~s resolution shall take effect and be full force and effect from and after the date of ~ts passage and approval. PASSED AND APPROVED thls the ~-~ day of _/~r~ , A. D. 1980 CITY OF DENTON, TEXAS ATTEST CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS Next Document RESOLUTION WHEREAS, North Texas State University has requested authority from the City of Denton to perform certain ad3ustment and improvements to water lines, sanitary sewers, and storm drainage facilities located ~n certain public streets of the C~ty of Denton, and WHEREAS, it ~s for the 3olnt benefit of the C~ty of Denton and North Texas State University that such construction be accomplished, and WHEREAS, such construction is to be accomplished under a contract with the contractor and North Texas State Unzvers~ty; NOW, THEREFORE, BE IT RESOLVMD BY THE CITY COUNCIL OF THE CITY OF DENTON, T~XAS, THAT SECTION I. The plans, specifications and contract documents designated as Storm Drain System C and D prepared by Freese and Nichols, Inc. for such construction are hereby approved SECTION II. North Texas State University and the contractor selected by North Texas State University are hereby authorIzed to cause such improvements to be constructed ~n the public streets shown on the plan and specifications, provided, however, before any construction commences the contractor selected by North Texas State University shall obtain at h~s expense a Comprehensive General Liability Insurance Policy naming the C~ty of Denton, Texas, and its employees as ~nsured with the following l~mlts (a) Bodily In3ury $100,000 Each Person $300,000 ~ach Occurrence (b) Property Damage $300,000 Each Occurrence $300,000 Aggregate. Such policy or a certificate showing such coverage shall be filed with the City Manager of the C~ty of Denton until all work ~s completed. SECTION III. All of such construction shall be coordinated w~th the C~ty Engineer of the C~ty of Denton. ~q~ PASS~.D AND APPROVRD th~s the ay of , /' / 1980. APPROVED AS TO LEGAL FORM' C. J TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS RESOLUTION WHEREAS, b~ds were received for the construction of an expansion to the Wastewater Treatment Plant and for construction of Intercepter/Collector Sewer L~ne, and WHEREAS, the b~d ~n each of sa~d construction pro3ects were as follows PROJECT CONTRACTOR CONTRACT AMOUNT Wastewater Treatment Gracon Construction Co. $7,607,800 00 Plant Expansion Interceptor Sewers Eagle Ford Construction $~125~435 56 Co. Total $8~733~235 56 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS. SECTION I. Subject to subsequent approval by the Texas Department of Water Resources and the Enwronmental Protection Agency, the Cxty Council hereby accepts the bzd of Gracon Constructzon Company zn the sum of $7,607.800 00 and the bzd of Eagle Ford Construction Company ~n the amount of $1,12~,435 ~6. SECTION II. After approval by the Texas Department of Water Resources and the Enwronmental Protection Agency, the Mayor xs hereby authorzzed to execute contracts for such construction w~th each of sa~d companies ~.~ ~ PASSED AND APPROVED th~s the day of / , A. D 1980 R~CH~'ARD . STEWfd~, MAYOR OF 7 NTON, TEXAS F DENTON, TEXAS APPROVED AS TO LEGAL FORM' C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS RESOLUTION WHERBAS, the C~ty of Denton f~nds it necessary to purchase a certain tract of land located in the City of Denton, Texas, and more fully described below, and WHEREAS, the City Council of the City of Denton is of the opinion that the best interest and welfare of the public will be served by the purchase of the parcel of real estate described below, and WHEREAS, the City of Denton and owner of said parcel, Donald Wiggins and wife, Juanell Wiggins, agree that a consideration of $15,498 00, is a fair and agreed value of such described property, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT 1. The City Attorney is hereby authorized to prepare whatever legal documents are necessary to complete the transfer of property so described below from the owner thereof to the City of Denton Being 7,SOS square feet of land, more or less, situated in the Will,am Lloyd Survey, Abstract No 774, out of a tract of land conveyed by deed dated May 2, 1974, recorded in Volume 706, Page 168 and a tract of land conveyed by deed dated January 25, 1975, recorded in Volume 665, Page 540, Deed Records of Denton County, Texas to Donald Wiggins, et ux, said 7,505 square feet of land being more particularly described by metes and bounds as follows COMMENCING at an iron rod in the south line of a 26 186 acre tract of land as conveyed to Green Giant Company, a Minnesota Corporation, by deed dated December 50, 1969 as recorded in Volume S96, Page 197, Deed Records of Denton County, Texas, said iron rod also being the northeast corner of a 0.296 of an acre tract of land conveyed to Hugh D Brockett, et ux, by deed dated June 1, 1977 and recorded in Volume 858, Page 55, Deed Records of said county, THBNCB south 02° 10' 57" west along the east line of sa~d Brockett tract a distance of 118 21 feet to a point for a corner in the north r~ght of way line of Twllxght Road (a public street), THENCE north 89o 50' 49" west along the north right of way line of Twilight Road and the south line of said Brockett tract a distance of 86.17 feet to a point for a corner ~n the east line of the remnant of a 10 acre tract conveyed to Bill Lynch, et ux, by deed recorded in Volume 665, Page ~41, Deed Records of the aforesaid county, THENCE south 00° 22' 56" west along the right of way line of aforesaid Twilight Road and the east line of the aforesaid Lynch remnant tract a distance of 44.16 feet to the point of beginning; said point being south 00° 22' 02" west a distance of 165.5 feet and south89° 51' 00" east a distance of 120 feet from the northwest corner of the abovementloned 10 acre tract, being the northwest corner of the William Lloyd Survey, THBNCE south 89° 50' 49" east along the south line of said Twilight Road a distance of 67.58 feet to a point for a corner, THBNCB south 00° 4?' 48" west along the proposed east right of way of State Loop 288 a distance of 110.01 feet to a point for a corner ~n the common line of the said Wiggins tract and said Lynch remnant tract; THENCE north 89° 51' 00" west along the south ltne of satd ~tggtns tract being the common ltne of the aforesaid Lynch remnant tract a dtstance of 60.05 feet to the southwest corner of the satd ~gg~ns tract, THENCE north 01° 40' 00" east conttnutng along the aforesatd common l~ne a dtstance of 110.05 feet to the point of begxnn~ng 2. The Ctty of Denton ~s hereby further authortzed to pay Donald ~gg~ns and wtfe, Juanell ~tggtns as owner of satd descrtbed property, constderat~on tn the amount of $13,498.00, purchase prtce, plus necessary and reasonable recordtng fees 3. Th~s Resolutton shall take effect tmmedtately from and after ~ts passage and approval tn accordance wtth the prows~ons of the Denton C~ty Charter PASSED AND APPROVED thts the ~0~- day of ~ , 1980. ~IT~ OF DENTON, TEXAS ~f~R'OOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TBXAS RESOLUTION ~HBREAS, the City of Denton fxnds ~t necessary to purchase a certaxn tract of land located in the C~ty of Denton, Texas, and more fully described below, and WHEREAS, the C~ty Council of the C~ty of Denton xs of the op~n~on that the best xnterest and welfare of the public will be served by the purchase of the parcel of real estate described below, and WHEREAS, the Cxty of Denton and owner of saxd parcel, Hugh D. Brockett and w~fe, Fredda Sue Brockett, agree that a cons~deratxon of $S8,498.00, ~s a fair and agreed value of such described property, NO~, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT 1. The Cxty Attorney ~s hereby authorxzed to prepare whatever legal documents are necessary to complete the transfer of property so described below from the owner thereof to the Cxty of Denton' Being 11,839 square feet of land, more or less, s~tuated ~n the ~llxam Lloyd Survey, Abstract No. 774, and being all the land conveyed to Hugh Brockett and w~fe, Fredda Sue Brockett, by deed dated June 1, 1977 and recorded in Volume 838, Page 5~, Deed Records of sa~d county, sa~d 11,839 square feet of land being more particularly descrxbed by metes and bounds as follows BEGINNING at an xron rod ~n the south lxne of 26 186 acre tract of land conveyed to Green Gxant Company, a M~nnesota Corpora- tlon, by deed dated December 30, 1969 as recorded xn Volume S96, Page 197, Deed Records of Denton County, Texas, saxd xron rod betng the northeast corner of the aforesaid Brockett tract; THENCE south 02° 10' 37" west along the east l~ne of sa~d Brockett tract a dxstance of 118 21 feet to a poxnt for a corner ~n the north r~ght of way l~ne of Twilight Road (a publxc street); THENCE north 89o 50' 49" west along the north r~ght of way of Twilight Road a d~stance of 86.17 feet to the end of Twilight Road and continuing an additional 13 83 feet (100.0 feet ~n all) to a point for a corner, THENCE north 02° 10' 00" east along the remnant of a tract of land conveyed to B~ll Lynch, et ux, by deed dated November 25, 197S, recorded ~n Volume 766, Page 111, and by deed dated September 20, 1954, recorded ~n Volume 399, Page 65, Deed Records of Denton County, Texas, a d~stance of 118 68 feet to a point for a corner ~n the south l~ne of the aforesaid Green Giant Company tract, THENCE south 89° 54' 30" east along the south l~ne of sa~d Green G~ant Company tract a d~stance of 100 feet to the point of beginning. 2. The C~ty of Denton is hereby further authorized to pay Hugh D. Brockett and w~fe, Fredda Sue Brockett as owner of sa~d described property, consideration ~n the amount of $S8,498.00, purchase price, plus necessary and reasonable recording fees. $ Th~s Resolution shall take effect immediately from and after ~ts passage and approval ~n accordance w~th the provisions of the Denton City Charter PASSED AND APPROVED th~s the ~olio day of ~f~. , 1980. ATTEST.//'~ x/ ~BR~OKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM' C J TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS RESOLUTION WHEREAS, the C~ty of Denton f~nds ~t necessary to purchase a certain tract of land located ~n the City of Denton, Texas, and more fully described below, and WHEREAS, the C~ty Council of the C~ty of Denton ~s of the open,on that the best ~nterest and welfare of the public will be served by the purchase of the parcel of real estate described below; and WHEREAS, the C~ty of Denton and owner of said parcel, Junction 288 Partners, a Texas L~m~ted Partnership, Tews Taylor, Trustee, agree that a consideration of $268,000 00 ~s a fair and agreed value of such described property, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT 1 The C~ty Attorney ~s hereby authorized to prepare whatever legal documents are necessary to complete the transfer of property so described below from the owner thereof to the C~ty of Denton Being 191,125 square feet of land. more or less, of which 957 square feet ~s ~n a Public Road ~Aubra Lane) s~tuated ~n the W~ll~am Lloyd Survey, Abstract No. 774, out of 64.075 acre tract conveyed to Junction 288 Partners, a L~m~ted Partnership, by deed dated May 50, 1972 and recorded ~n Volume 647, Page 152, Deed Records of Denton County, Texas, sa~d 191,125 square feet of land being more particularly described by metes and bounds as follows BEGINNING at the point of ~ntersect~on of the proposed east right of way l~ne of Loop 288 and the ex~st~ng south r~ght of way l~ne of U. S. H~ghway 580, sa~d point being south 80° 55' 01" west a d~stance of 292.88 feet from a point that ~s south a d~stance of 100 feet from the centerl~ne of U S H~ghway 580, THENCE south 5?° 59' 60" west along the sa~d proposed r~ght of way l~ne for a d~stance of 125 00 feet to a point, THENCE south 07° 52' 01" west for a d~stance of 1299 88 feet to a point, THENCE south 00° 47' 48" west for a d~stance of 525 69 feet to a point on a curve of radius 5829.58 feet bearing south 89° 11' 54" west to the radius point, THENCE along sa~d curve to the r~ght a d~stance of 159 81 feet to a point of bearing south 890 15' Sl" east to the radius point, sa~d point also being ~n centerl~ne of Audra Lane, THENCE north 89o 44' 42" west along the sa~d centerl~ne for a d~stance of 40.01 feet to apo~nt ~n the ex~st~ng east r~ght of way l~ne of Loop 288, sa~d point also being ~n a curve of radius 5789.58 feet bearing south 8q° 15' 11" east to the radius point; THENCE w~th the sa~d ex~st~ng right of way l~ne along sa~d curve to the left a d~stance of 160.18 feet to a point of bearing south 89° 11' 42" west to the radius point, THENCE north 00° 47' 48" east for a d~stance of 1629 95 feet to a point; THENCE north 44° 16' 42" east for a d~stance of 75 95 feet to the point of ~ntersect~on of the sa~d ex~st~ng rrght of way l~ne of Loop 288 w~th the said ex~st~ng r~ght of way l~ne of U S H~ghway 380, THENCE north 84o 16' 59" east for a d~stance of 153 98 feet to a point; THENCE north 80° 05' 47' east for a d~stance of 71 00 feet to the place of beginning 2 The C~ty of Denton ~s hereby further authorized to pay Junction 288 Partners, a Texas L~m~ted Partnership, Tews Taylor, Trustee as owner of said described property, consideration ~n the amount of $268,000 00 purchase price, plus necessary and reasonable recording fees $ Th~s Resolution shall take effect ~mmed~ately from and after ~ts passage and approval ~n accordance w~th the provisions of the Denton C~ty Charter PASSED AND APPROVED th~s the AO~c~, day of ~ , 1980 O o-ISTnWA r, MA¥ORV CIT~ OF DENTON, TEXAS ATTES~'~ C~iiI~TKS- HOLT, CI'TY SECRETARY TY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM' C J TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS RESOLUTION WHEREAS, the C~ty Council of the C~ty of Denton, Texas, contemplates the execution of a contract with the Texas Department of Community Affairs for an approximate maximum amount of TDCA liability of Ninety-Seven Thousand E~ght Hundred Fifteen and No/lO0 ($97,815.00) Dollars and for the provision of land and engineering layout, oversee work crew supervisor, storage for work equipment during the approximate period of October 1, 1980 to September 30, 1981, and WHEREAS, it has been duly determined that the City of Denton has the legal authority to render the afore-described contractual performance, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS SECTION I. That the City Council of the City of Denton does hereby approve and authorize the City's execution of the afore-described contract and does hereby authorize ~. ~ ~~ , the C,~-.J '~;x~.~ , to sign and execute the a ore-aescr, eu contract on behalf of the City of Denton so as to legally obligate the b~nd the City of Denton to all the perfor- mances, obligations, terms, and provisions set forth there~n. PASSED AND APPROVED this the O~[~.day of ~ , A D 1980 ~D O~ ST~W~, MAYOR C TV ATTEST ~S HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS ? RESOLUTION ICHBRBAS, the State Energy Conservation Plan (SECP) of Texas authorizes the Texas Energy and Natural Resources Advisory Council "TENRAC" to award grants related to energy management demonstratxon projects, and WHEREAS, the C~ty of Denton xs committed to the concepts of effectxve energy management, and WHEREAS, the C~ty ~s ~nterested ~n developing a coordinated approach to energy conservation, energy consumption, energy sources, energy planning and related activities; and WHEREAS, o£f~c~als of Denton have determined that the C~ty should make application to TENRAC for energy planning/management assistance under the State CCEMP program, and WHEREAS, TENRAC requires a resolution authorizing the submission of sa~d application request for grant funds, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS SECTION I. That the C~ty Council authorizes the C~ty Manager to s~gn and submit sa~d application to TENRAC. SECTION II. That the C~ty Manager ~s authorized to handle all matters related to the grant. PASSED AND APPROVED th~s the oo7~;~-~' ~ day of , A. D. 1980. APPROVED AS TO LEGAL FORM. C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS Doe!Ument, Next, RESOLUTION WHEREAS, the Cxty of Denton f~nds xt necessary to purchase a certain tract of land located xn the City of Denton, Texas, and more fully described below, and WHEREAS, the Cxty Councxl of the Cxty of Denton xs of the opxn~on that the best ~nterest and welfare of the public wxll be served by the purchase of the parcel of real estate described below, and WHEREAS, the Cxty of Denton and owner of saxd parcel, Mxchael Reynolds and w~fe, Sandl Reynolds, agree that a consideration of $152 00 ~s a faxr and agreed value of such descrxbed property, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT 1. The City Attorney xs hereby authorxzed to prepare whatever legal documents are necessary to complete the transfer of property so described below from the owner thereof to the Cxty of Denton BEING 0.008 of one acre of land, more or less, out of and a part of a 4 705 acre tract in the Samuel McCraken Survey, Abstract No 817 that was conveyed to Mxchael Reynolds and wxfe, Sandx Reynolds, by deed dated February 16, 1977 recorded xn Volume 824, Page 817, Deed Records of Denton County, Texas, saxd 0.008 of one acre of land, more or less, being more partxcularly descrxbed as follows BEGINNING at the ~ntersectxon of proposed north rxght of way lxne of Loop 288 wxth the east boundary l~ne of saxd 4.705 acre tract, sa~d poxnt being south 29° 57' 08" west a dxstance of 870 54 feet from the northeast corner thereof, said point also bexng xn the ex~stxng west r~ght of way hne of Farm to Market 428, THENCE south 29o 37' 08" west along sa~d exxstxng right of way lxne for a dxstance of 45.14 feet to a poxnt, saxd point bexng the south corner of said 4.705 acre tract of land, THENCE north 01° 17' 20" west for a d~stance of 50.86 feet to a point, THENCE north 73° 11' 57" east for a dxstance of 25.00 fet to the place of begxnnxng. 2 The C~ty of Denton ~s hereby further authorized to pay M~chael Reynolds and wife, Sand~ Reynolds, as owner of sa~d described property, consideration ~n the amount of $152.00 purchase price, plus necessary and reasonable recording fees 3. Th~s Resolution shall take effect ~mmed~ately from and after ~ts passage and approval ~n accordance w~th the provisions of the Denton C~ty Charter. ._~ .~ PASSED AND APPROVED this the ~ day .of , 1980 ATTEST CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM' C J TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY ~__ CITY OF DENTON, TEXAS MAYOR AND COUNCIL COMMUNICATION DATE SUBJECT 3une 5, 1980 Real Property Acquisition It is recommended that the City Council authorxze the purchase of real property (as described below) for the purpose of constr.uctlng essential public ~mprovements. NAME OF PROJECT Loop 288 (Parcel 14) TYPE OF ACQUISITION. General Warranty Deed DESCRIPTION OF LAND/LOCATION' 5205 Sherman Dr~ve SQUARE FEET 548.48 (0.008 Acres) OWNER(S) M~chael Reynolds and w~fe, Sand~ Reynolds Negotxatxons have taken place with the owners and owners have accepted the appraisal of the fair market value, as provided by the State Department of H~ghway and Public Transportation, for an amount of $152.00o The City of Denton ~s required to pay recording fees and the State of Texas w~ll pay the remainder of the closing costs. ACTION NEEDED: Approve Resolution purchasing the above described property after reconvenlng ~nto open session. R ~. WILKINSON RIGHT OF WAY NEGOTIATOR RESOLUTION WHEREAS, the C~t~es of Denton, Garland, Greenwlle and Bryan are members of the Texas Municipal Power Agency, known as TMPA, and WHEREAS, the C~ty Council of the C~ty of Denton ~s of the op~n~on that ~t would be ~n the best ~nterest of each c~ty and TMPA for such agency to create an adwsory committee composed of staff members (C~ty Managers and/or D~rectors of F~nance and Public Utilities) of each c~ty to serve as consultants and resource persons to the TMPA Board of D~rectors and the TMPA General Manager on major policy matters, NOW, THEREFORE, BB IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT SECTION I The City of Denton requests the C~ty Councils of the member c~t~es of the Texas Municipal Power Agency Board to request their representatives to create an adwsory committee composed of staff members (C~ty Managers and/or D~rectors of F~nance and Public Utilities) of each member c~ty to serve as consultants to the TMPA Board of D~rectors. SECTION II. The C~ty Secretary ~s hereby directed to forward a copy of th~s Resolution to the General Manager and Board of D~rectors of TMPA and to the Mayor and Council Members of the C~t~es of Garland, Greenwlle and Bryan PASSED AND APPROVED th~s the 5rd day of June, A D 1980 BROOKS HOLT', CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM' C J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS RESOLUTION tqHMRBAS, the City of Denton f~nds ~t necessary to purchase a certain tract of land located ~n the C~ty of Denton, Texas, and more fully described below, and tqHEREAS, the City Council of the City of Denton ~s of the op,nlon that the best ~nterest and welfare of the public w~ll be served by the purchase of the parcel of real estate described below, and tfltBR~AS, the City of Denton and owner of said parcel, green Giant Company, a M~nnesota Corporation, agree that a consideration of $6,760.00 ~s a fair and agreed value of such described property; NOW, THEREFORE, BB IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT 1. The C~ty Attorney ~s hereby authorized to prepare whatever legal documents are necessary to complete the transfer of property so described below from the owner thereof to the C~ty of Denton Being 22,766 square feet of land, more or less, out of and a part of a 26.186 acre tract ~n the Samuel M. W~ll~ams Survey, Abstract No. 1279 that was conveyed to Green Giant Company, a M~nnesota Corporation, by deed dated December 50, 1969 as recorded ~n Volume 596, Page 197, Deed Records of Denton County, Texas; sa~d 22,766 square feet of land, more or less, being more particularly described by metes and bounds as follows' BEGINNING at the northwest corner of sa~d 26.186 acre tract sa~d point being ~n the south right of way l~ne of the Texas and Pacific Railroad sa~d point also being north 69o 25' 48" east a d~stance of 828.29 feet from the northwest corner of 11.740 acre tract conveyed to Donald W. Johnson by deed dated February 24, 1976, recorded ~n Volume 779, Page 95, Deed Records, Denton County, Texas; THENCE north 69° 25' 48" east along the north boundary l~ne of said 26.186 acre tract and the south r~ght of way l~ne of Texas and Pacific Railroad for a d~stance of 202 84 feet to a point ~n the proposed east r~ght of way l~ne of proposed Loop 288; THBNCB south 00° 47' 48" west along the said proposed r~ght of way line of Loop 288 for a d~stance of 157 00 feet to a point; THENCE north 89° $4' 30" west along the south boundary l~ne of sa~d 26.186 acre tract for a d~stance of 188.59 feet to the southwest corner thereof; THENCE north 00° 37' 05" east for a d~stance of 84 21 feet to the place of beginning. 2. The C~ty of Denton xs hereby further authorized to pay Green Giant Company, a Delaware Corporation, as owner of said described property, consideration ~n the amount of $6,760.00 purchase price, plus necessary and reasonable recording fees. 5. Th~s Resolution shall take effect ~mmed~ately from and after ~ts passage and approval ~n accordance with the provisions of the Denton City Charter. PASSED AND APPROVED thxs the ~,~ day of , CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM. C. J TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS MAYOR AND COUNCIL COMMUNICATION DATE SUBJECT June 5, 1980 Real Property Acquisition It is recommended that the C~ty Council authorize the purchase of real property (as described below) for the purpose of constructing essential public ~mprovements. NAME OF PROJECT' Loop 288 TYPE OF ACQUISITION' General Warranty Deed DESCRIPTION OF LAND/LOCATION' 172S Cooper Creek Road SQUARE FEET 22,766 OWNER(S)' Green Giant Company, a g~nnesota Corporation Negotiations have taken place w~th the owners and owners have accepted the appraisal of the fair market value, as provided by the State Department of H~ghway and Public Transportation, for an amo,unt of $6,760. The City of Denton ~s required to pay recording fees and the State ,of Texas w~ll pay the remainder of the closing costs. ACTION NEEDED' Approve Resolution purchasing the above described property after reconven~ng ~nto open session ROGER~N. WILKINSON - ' RIGHT OF WAY NEGOTIATOR RESOLUTION WHEREAS, the members of the Denton City Council believe that decisions regarding the expenditure of City funds should be made in a fiscally responsible manner; and WHEREAS, the members of the City Council believe that fiscal responsibility is best provided for in the City's annual budgetary review process; and WHEREAS, the members of the Denton C~ty Council recognize the damaging effects that have occurred ~n other Texas cltles In which decisions about expenditures have been removed from the budgetary process and thrown into the pol~t~cal arena; and WHEREAS, the members of the Denton C~ty Council recognize the need to continue to malntaln a competitive employee pay program, which w~ll enable the C~ty of Denton to attract and retain competent employees for all C~ty departments; and WHEREAS, the members of the Denton Clty Council believe that a formal, standard~zed procedure wlthln budgetary llm~tations should be utilized for determining pay ad3ustments for all City employees without unduly responding to special ~nterest pressures; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That the members of the Denton C~ty Councll support a program which lncludes an annual comprehensive review of all City of Denton employees salaries to determine how the C~ty's salaries and benefits compare to other employers ~n the area. SECTION II. That the members of the Denton City Council support the policy of conducting an annual salary study in con]unct~on with the annual budgetary review process within the ex~stlng funding abillty of the C~ty. SECTION III. That the members of the Denton Cxty Council hereby establish as a budgetary priority the maintenance of competitive salaries for all C~ty employees ~n every department consistent with the ability of the taxpayers and citizens of the C~ty of Denton to pay.; ~ ~ PASSED AND APPROVED this the /~' day of/~ , CIT OF DENTON, TEXAS ~ ~'~-~Y SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY= ~ COUNTY OF DENTON ( RESOLUTION IN APPRECIATION CITY OF DENTON ) OF JOHN LAVRETTA WHEREAS, on behalf of the people of the C~ty of Denton, Texas, the Mayor and C~ty Council desire to publicly express their sincere gratitude to John Lavretta for h~s valuable public serwce as D~rector of Planning, and WHEREAS, the C~ty Council and Mayor acknowledge w~th grateful appreciation the many hours of serwce and t~me g~ven towards the C~ty, and w~sh to thank Mr Lavretta for the devotion he has g~ven to h~s poslt~on during the f~ve years that he served as D~rector of Planning, NOW, THEREFORE, on behalf of the people who have been, and who w~ll be, benefited by h~s service, the C~ty Council and Mayor d~rect and order that th~s Resolution be made a part of the official m~nutes of th~s Council to be a permanent record of the C~ty, that a copy of this Resolution be forwarded to h~m, the said John Lavretta, as a token of our appreciation. PASSED AND APPROVED th~s the lSth day of June, A. D. 1980. CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM. C. J TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS RESOLUTION WHEREAS, the City of Denton finds it necessary to purchase a certain tract of land located in the City of Denton, Texas, and more fully described below; and ~HEREAS, the City Council of the Cxty of Denton is of the opinion that the best interest and welfare of the publxc wxll be served by the purchase of the parcel of real estate described below; and 1CHEREAS, the City of Denton and owner of said parcel, Georgia Wanda Akers Massey and Helen Martin Wilson, agree that a consideration of $46.349.00 is a fair and agreed value of such descrxbed property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT 1 The City Attorney ~s hereby authorized to prepare whatever legal documents are necessary to complete the transfer of property so described below from the owner thereof to the City of Denton' Being 15.240 acres of land, more or less, and being a part of that certain 142.565 acre tract of land in the Samuel McCracken Survey, Abstract No. 817 in Denton County, Texas, sa~d 142.565 acre tract being the remainder of a 155.565 acre tract being described in a deed from Tommy Turner, Trustee to Georgia Wanda Akers Massey and Helen Martin Wilson dated February 5, 1976 recorded in Volume 772, Page 905, Deed Records of Denton County, Texas; said 15.240 acres of land being more particularly described by metes and bounds as follows BEGINNING at the point of intersection of proposed northerly right of way line of Loop 288 with the westerly boundary lxne of said original 153.563 acre tract, said point also being ~n the exlstxng easterly right of way line of Farm to Market Highway 428; said point being south 29o 57' 08" west a distance of 496.82 feet from the northwest corner thereof; THENCE south 190 54' 04" east along the said proposed north right of way line a distance of 79.44 feet to a point, THENCE south 57° 54' 01" east for a distance of 147.69 feet to a point, THENCE south 50° 45' 38" east for a dxstance of 446.48 feet to a point; THENCE south 57© 11' 25" east for a distance of 500.00 feet to a point, THENCE south 51° 28' 47" east along the said proposed north right of way line a distance of 360.51 feet to a point ~n the east boundary line of said 155.563 acre tract, THENCE south 04° 19' 23" west along the said east boundary line for a distance of 515.57 feet to a point in the proposed southerly right of way line of Loop 288, THENCE north 59° 05' 58" west along the said proposed southerly right of way line for a distance of 209.05 feet to a point; THENCE north 57o 11' 25" west for a distance of 400.00 feet to a point, THENCE north 64° 18' $5" west for a d~stance of 405 11 feet to a point, THENCE north 65o 11' 57" west for a d~stance of 191.05 feet to a point, THENCE north 61° 41' 54" west for a d~stance of 254.46 feet to a THENCE north 57° 54' 01" west for a d~stance of 156 29 feet to a point; THENCE south 75° 04' 11" west along the sa~d proposed southerly r~ght of way line a d~stance of 67.19 feet to a point ~n the existing easterly r~ght of way l~ne of Farm to Market H~ghway 428; THENCE north 29° 57' 08" east along the sa~d ex~st~ng r~ght of way l~ne for a d~stance of 560 15 feet to the place of beginning. 2 The C~ty of Denton ~s hereby further authorized to pay Georgia Wanda Akers Massey and Helen Mart~n W~lson as owners of sa~d described property, consideration ~n the amount of $46,549.00 purchase price, plus necessary and reasonable recording fees. 5. Th~s Resolution shall take effect ~mmed~ately from and after ~ts passage and approval ~n accordance w~th the prowslons of the Denton C~ty Charter._~,v;~' PASSED AND APPROVED th~s the /1~ day of~ , 1980 / Cl Y oF TEXAS LTl CITY' S~CRETANY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS MAYOR AND COUNCIL COMMUNICATION DATE SUBJECT June 17, 1980 Real Property Acquisition It is recommended that the City Council authorize the purchase of real property (as described below) for the purpose of constructing essential public improvements. NAME OF PROJECT Loop 288 TYPE OF ACQUISITION General Warranty Deed DESCRIPTION OF LAND/LOCATION Sherman Drive and proposed Loop 288 SQUARE FEET 13.24 Acres OWNER(S)' Helen Martin Wilson and Georgia Wanda Akers Massey Negotiations have taken place with the owners and owners have accepted the appraisal of the fair market value, as provided by the State Department of Highway and Public Transportation, for an amount of $46,349. The City of Denton ~s required to pay recording fees and the State of Texas w~ll pay the remainder of the closing costs ACTION NEEDED: Approve Resolution purchasing the above described property after reconvenlng into open session RO~ER N. WILKIN'SON RIGHT OF WAY NEGOTIATOR Next Document C=-29005 THIS LI(3~iSE, made as of tho__~L~O~_dsy of J~ne ,,, 19_80 , between THE ATeu?~Ht TOPEKA AHD SANTA YB ,RAILWAY COMPANY Delmmz~ ~ corporation (hereinafter called "~mta Fe") and T~ ~XTY 0Y~ DBHTOH, TEXAS, s aun~cXpaX eo~oration, act~n8 here~n by Hayor, her~_,~--,n dui7 author~xad, (hereinafter W~ bether one par~ or more csll~l '~ieensee") Wime~setllv tha~ the parties,hakete to~ the considerations hereinafter expressed covenant and agree follows, 1. In consideration, of the sum of--~ u..,aemd Fife? And No/mOOch ....... Dollars and of the covenants one,agreements o~,,4eepsee neromamx~ a~, xor~n,, --.-. -. _;v r.v---_~: .... 'eetrfc Licensee of the same, Santa Fe licenses,and permits Licensee ~o construe% mamzam eno uae u,~ supply line containing, a m~rnum of four (&) conductors across or along the premises of l~nta Fe at or near the station 'of Denc~u Denton Counties Texas , the hind and gauge of said conductors, the ~vh~S~ frequency and voltage of the electrio circuit carried thereon and tbelocation of said eleotrtc eupp y being more particularly shown upon the print hereto attached, No _ Xo37&l ',98o, m=-ked "Exhibit A', and made a part hereof For convlmien.ee, the ..said relate to said electrio supply une upon sam, prenusee, ,- neremex~er ~ ................... . Lin 2, Lieen;ee shall, a~ Lieeneee'$own coat. eeh~ixuct and at all times maintain the Electric Supply .Line successor a o exeep~; wflere Dy s-.~lr, e~ or rQ ...... :~:- ~-., _--'i_-%,-'~ ~- .°-~.].+--.~.-- ao.~ ,~4+.h euih statute or order ,provided, however, au ..n~.~e~. and .oTk~h~p employed in the eor~r2ction aud maintenance of the Electric Supply Line _sim.Il be eu~- ject to the approval oLSanta Fe. y.,.~.~,~ .~on' -t Lieensae's own c~t, remove all combustible material from around, w. oede.n poles eh les free of eueh matarial, and if removal ox e and Uat kee ,thespa around s l. ...................... Santa bustible mate~al shall~not be attended. ~ .wi, tl~..n~nrree.n ~1o,). uays ,a??r_ ~n.a,v_~m_~__?~_~l~_u~u~., ~o reim. .. ...... , ~.__ Fe shall have the. rlgfl~_~? pon buree Santa Fe for tho expense so ~ncurreu. shall exerctsa u.t~..ost, a,.nd ex?a.o,r.mnary. ,oit~.e~_? ~.~n+~ e+n~ ~n.~a~l~,~o~F~t; railroad. Uuon of Santa Fe, aha ~a~,msre eaauiee no mmr~..ersn~ wl~ .... ~v ...... :~ --iL-=_~.L._.i.T.{~,....~, , P to th tormer state, and Licensee shall, within ttft~n (15 Licensee s own cost, reatore~said premises, other means of protection ~ ~n the ]u~ _a~..e~n.,~o! ~,an.~t~'e ~.~Y. ? ..ti.u.. u tenanee, repikll~, renowtd or chon ,g~ng o! ~ne .:,accuse ~uppiy r~ne, · +~,ation of new, Hoes of voles, wires, condnits=and other iaclll$1ee ~n w, m. en 11; .8?,atl na, v.e ~ mm.r~y ~.'~ZiY]~-~] ~]~'~.~'~,own cost wltddnithirty (80) days a~t~r receiving .wn~,n n.o~c~ ~,rom_ + ..... ~ ~ mnlr~,n,,ah nhan~eeln~tha~Eleetrie SupPly Line as m the juagme Y n'~ry"to{'~iv, oi'-~']n't~.~er-~n~ with the,propoeed use of its properW 6. Santa Fe shall have the right at its election itself to construct the Electric Supply Line, and at any 'e~v~:aanlna~kvfsChhar~ea~ci~/~ne.xw~a~t~o~r ~,d~,~ah~.~t+he.re, in- as it deem ne~s. s~ary .or d.d. eci. r. abis, and in the ,~o~ ~.. ~.._ .~_ ~ . to ex?___rr ..... ....., ~censee shn~al advance ~o manta ~'e cost. ss ~sti. ~---T_,~,, ~ .~-- .~ ~e, ox sucn construcuon, repair, renewal or chanira It' th~ ~,,o~ ~.+ ~r~..~ ~.J~--~ ~'e in per~ornnng such work shall prove moro or less than the am~'~nt~o~;;;~,~; zustaln, Incur or ~ecome liable for, resultin~qn any m~nnov ~-~ho o~.~,---~-i-'-~' '?. E~ ~' ~"~ ...................... a~l'u~lon, nl~lll~n~n~ use, _st~a__~_of repair, o,r presen, ce.o.f t.h.e Electric Supply I~ne upon said nremises, lncl.dm~ ~.v ...~ ~.o. ~o.~ ........... · ~ ~uw-uvmr~ or ia) taxes or assessments o~ any hnd tr ~8, Since~thls.lleense is made in pa.rt for the benefit of other compames operatin~ over Santa Fe's ac~.s, any or sala compamss may sue ~o enforce the provisions hereof, e~ther 3 omtl or severa , as their ~/ntarests may be~o!nt, pr ~.ver. al, ~None. of said companies nor the Santa Fe shall be liable for anl~y damage, howsoever eauseu, ~o me ~;lectr~c mupp~y Llne~ whether due to neghgenee or otherwis~ 9 If Licensee shall at any time fail or refuse to comply with or carry out an of the covenants here- ---- _. _~ _. .~- -- ..... ,~, ___t~?.na~u ~mve ~een maae upon Licensee Dy Santa Fo, Santa Fe ,ma~, a~ .~.~s ei. ecuon., .w~.mout nonce, xor~nwlth revoke th~s hcense, and in case of such election, or upon any termination nereo~, -lcensee shall, upon request, forthwith remove the Electric Supply Line and restore sa~d prermses to the condition in which they were prior to the censtruction of the Electric Supply Line ....... , ~ ..c~ I~A-~I~AI~I~ repay ~o manta ~'e the cost thereof, No waiver by manta ~'e o~ any aexauit or defaults, or the right to ternnnate thxs hcense, shall be deemed or held to be a w~ver .of the_ rt.ght~to termina~ the same for any subsequent default or defaults, but notwithstanding :~;,n n~,ll~l~l~vmt~e.l~It~.rn~i~n~_to..t~l.,s_.l!e_en.s,e upon.any subse~u,en, t..aefault..o, defaults which may oc- .... ~ .. ..~. ,.~.. nereoz r=~u~ ~,lCeusee ~rom any llaDlllty or obligation hereunder, wheth- er ox muemmty or o~nerw~se, resulting from any acts, omissions or events happening prior to the date of termination or S~uch later date when the Electric Supply Line may be removed and said premises restored as hereinabevo provided the ~10. ~Lmensse s~hall ,at all .t/.mce, at. L~..canoe's own cost, maintain the most effective s stem and Llce--~o *-'~ .~-~L~'-~Z-'-= l~.,_,,-,%~uu. ~ .uae sal. a pr! .~. ~ anu~aar~s the ucense aha permission herein to ~--, --~,.,...~=,-i=unee aha pnymea~ nazara ana if necess or hazard, Licensee shall, at Lice~;,~'* ~.. o^i~ '~. ...... v · ary l.,n. or, der ,to prevent such interference the constrl]ettn, n.,, ln.o+l~,. ~ +~ .~,~. ~.-:,--~-~.-, ~/.~,~u ~-acensee s clrCUlr. S or maae such chan~es in .................... or ..e -~Iecu'le ~upply Line as may be specified by Santa Fo, -- soever, or to refund any moneys pa~d hereunder, ny g any nature what- 12 Any notice to be given by Santa Fe to,Licensee hereunder sh~ll be deemed to be properly served ff the same be delivered to hcensee or if deposited in the Post Office, postpaid, addressed to Licensee at .of.. o moro a ss, ali the ¢.evenants and a reem.ts ,,~ -~ ~amea saan consucuce tae ~oxn~ aha sev~a~ covenants and agreements of such parties i 14 _ T,hts.license .rr}ay be ..t~ml~.atad by either party hereto upon one _{l_)__ months' nottea ~t~i~.ni,~,..us~s_e~r?~_ .p~n r. ve .o~.er p .az~.., ,~tin~ the. rea the da~--of th'~ mont~%~a~h terrain ......... ~...-., ~au upOU r~le expiration ox isle ~lnlS s fled In rlwl peel such notice this license, and all hfs and p .. e,g.ss of Llc,?ns.se ,ti?rounder, ah~ll absolutely cease. This license shall tarmt~.+.~ meota~eiy upon the sears of the Licensee, if the sole Lic~n_~e is an lntlivlduaL ......... 15 ,T~l.,is licellee phil! I~e b. tncll.l~ u,l~,~n ~tn.d. l!lfllre to the benefit.of the parties and their res ye lc al ,rep .r. esentatlve?, successors aha assigns,,provlaed however no . pecti II,_ i al re , , assignment hereof b Licensee, Licensso eg presentatlves, successors or nor an au without y bsequ.ent. ,.a~tgn~, shall be ~[uihnii upon Santa Fe the written consent of Sant~e~ instan and a~ be forfeited by any such voluntary aasiirnment or l~v .~vc~a2to~.~.m~e~ ?~Pclon .of Santa .F,e tht.s .license shall ........ . ---. ~-o-----..-.I i, nereor Dy ol)eral~lon ox law EXHIBIT A TO CONTRACT UETWEEN THE ATCHISON TOPEKA AND SANTA FE RAILWAY COMPANY /~/0~ ~-,~',~'/~ r}IVIm, ION ~L~ DISTRICT AND C/r cOVE~IN~ ~ pOWE~ L/NE Dz~ON, DE~rON Cou~r~ TEXAS ~CAL_~ II /00' ~ G M ENGINEERIN(, AMARI[tO TLXA5 '; ~/ FNGTH ON R/W /Z8 2"_ NO WIRES _~_ _ GUYS ON R~ W ~00¢-- VOLTAGE ~ ~_ CL~-ARANCP A~E lt,, OF HAIL RANC ABOVE NY bO ~MMUriICATION RESOLUTION AUTEORIZING THE MAYOR TO EXECUTE FOR AND ON BEHALF OF THE CITY OF DENTON ONE ELECTRICAL POWER LINE CROSSING AGREEMENT WITH THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. The Mayor is hereby authorized to execute on behalf of the City of Denton, Texas, one electrlcal power l~ne crossing agreement designated as X-3741, a copy of same being attached hereto and made a part hereof for all purposes. PASSED AND APPROVED th ls the /~ day of f~/ A. D. 1980. ~// ATTEST · CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY:~ R E S 0 L U r I O N WHMREAS, the C~ty of Denton desires the construction of a turnaround at separation and ~nc~dental ~tems on U. S. Interstate 5SE; and WHERPAS, the State of Texas, acting through ~ts State H~ghway and Public Transportation Commission, has agreed to participate w~th the C~ty of Denton on th~s pro3ect, and ~HMREAS, the State of Texas reqmres that all council- persons of the C~ty of Denton execute an escrow agreement w~th the State for ~ts participation; NO~, THILREFORE, BM IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT SECTION I. It ~s the ~ntent of the C~ty Council of the C~ty of Denton, Texas to participate w~th the State of Texas ~n constructing a turnaround at U. S. Interstate 5SE, and all counc~lpersons are hereby authorized to execute originals of the attached Escrow Agreement required by the State of Texas to achieve th~s purpose. SECTION II. The sum of $438,300.00 ~s hereby appropriated to pay the cost of th~s construction pro3ect. S~CTION III. That th~s resolution shall take effect ~mmed~ately from and PASSED AND APPROVED th~s the ay of ~ , 1980. /f ~IC~ARD O~ST~WAR~, MAYOR 7 CITY OF DENTON, TEXAS BRfl~K~/HOLT, CITYzSECRETAR~ CItY OF DMNTON, TEXAS APPROVED AS TO LMGAL FORM. C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TMXAS C 196- 1-46 Denton County STATE OF TEXAS ~ COUNTY OF TRAVIS ~ THIS AGREEMENT, made this day of , 1980, by and between the City of Denton, Texas, hereinafter called the "C~ty", Party of the First Part, acting by and through its City Council and the State of Texas, hereinafter called the "State", Party of the Second Part~ acting by and through its State Highway and Public Transportation Commission. WHEREAS, the City desires the construction of a turnaround at Loop 288 grade separation and incidental ztems on Interstate Highway No 35E, which is solely the City's responsibility and the City has requested the State to construct or have constructed th~s work. The State will construct or have constructed this work for and on behalf of the City and at the City's sole expense, excluding preliminary engmneering The estimated construction cost of th~s work is Four Hundred Thirty Eight Thousand Three Hundred and No/100 Dollars ($438,300.00), including contingenczes and construction engineering, and WHEREAS, the City by the execution of this agreement agrees to the terms and conditions of Commzss~on Minute No 75107, aa ~t applies to the City, a copy of which zs attached hereto and marked "Exhibit A" and made a part of th~s agreement. NOW THEREFORE, ~t is understood that thzs proposed work will be constructed by the State and the City will transmzt to the State with the return of this agreement, executed by the City, a warrant or check made payable to the State Treasurer, Account of Trust Fund No 927 in the amount of Four Hundred Thirty Eight Thousand Three Hundred and No/100 Dollars ($438,300.00), to be used in paying for the proposed work required by the C~ty mn the City of Denton. It is further understood that the State will construct only those items for the Gity as requested and required by the City and the entire cost of such ~tems, excluding prelzm~nary engineering, w~ll be borne by the City. If the State elects to receive b~ds and if upon recezpt of bids by the State and/or the actual construction and/or approved changes in the contemplated ~mprovements it is found that this amount is ~nsuffic~ent to pay the Czty's port~on, then the City upon request of the State wmll forthwzth supplement this amount by an amount equal to the Czty's full estimated or actual share of thm cost of thzs work less the amount previously paid into Trust Fund No. 927. In the event the amount as pa~d ~s more than the actual cost, then the excess amount w~ll be returned to the City It is further understood that the work to be done on behalf of the City, as herein provided, wzll include the cost of contingencies and constructzon engineering It is further understood that the Czty by the execution of thzs agreement agrees to the terms and conditions of Commission M~nute No. 75107, as ~t applies to the City, a copy of which is attached hereto and marked "Exh~bzt A" and made a part of thzs agreement 2. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate on the day above stated. CITY OF DENTON STATE OF TEXAS Part~ of the ~irst Part / STATE HIGHWAY AND PUBLIC ., /'~/~ /~ ~ / ____TRANSPORTATION COI~{ISSION By ~'~'~/~.~ ~.~/f~m~'~ ~F~k-. / Party of the Second Part ~'' ~"j /~/ // ~ // Certified as belng executed for the By. f'~~J~ ~ purpose and effect of activating and/ Membeg o~f Cmty Council or carrying out the orders, established _ approved and authorized by the State By ~em~e~f C%ty-~ Highway and Public Transportation ~~~ Comm~ss~O~ By Me~er ~o~ncil~ By By ~ authority of Commission ~nute ~*mber of~ty Council 7010~ Rocommended for execution (State) Director, Finance Mtnute No 75107 No~ember 30, 1978 LOPY "1 '(ltTI,! I A" THE STATE OF TEXAS ( COUNTY OF DENTON ) RESOLUTION IN APPRECIATION CITY OF DENTON ( OF ELINOR CALDWELL WHEREAS, the Denton Public Library Board of the C~ty of Denton is lomng one of its most valued members, Elinor Caldwell, who has served on the L~brary Board as a member and secretary from 1968 until 1980, and WHEREAS, during said term Elinor Caldwell served as Secretary of the System Advisory Council, Fort Worth Major Resource Center ond on the Executive Board, District 7, Texas L~bra~y Association from 1977 until 1980, and WHEREAS, the City of Denton has been extremely fortunate ~n having enjoyed the dedicated and outstanding serwces of Eltnor Caldwell, for the many years she has devoted to the Denton Public Library Board, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL QF THE CITY OF DENTON, TEXAS that the s~ncere and warm appreciation of El~nor Caldwell, felt by the ctt~zens and offteers of the City of Denton, be formally conveyed to her in a permanent manner by spreading this Resolution upon the official m~nutes of the C~ty of Denton, and forwarding to her a true ~ol~y hereof. PASSED AND APPROVED this the lSth day of July, A. D. 1980. CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS THE STATE OF TEXAS ( COUNTY OF DENTON ) RESOLUTION IN APPRECIATION CITY OF DENTON ( OF DR. DAVID F SPECK WHEREAS, the Denton Pubhc Ltbrary Board of the C~ty of Denton is losing one of its most valued members, Dr David F Speck, who has served on the Llbrary Board as a member from 1968 until 1980 and served as Chatrman of said board from 1969 unttl 1977, and WHEREAS, durtng satd term Dr. Davtd F Speck served as Vwe~Chairman of the Advisory Council, Fort Worth Ma]or Resource Center from 1971 until 1977, Trustee, Representative to D~strwt VII, Texas Library Association 1972 until 1974, Vice Chatrman, Trustee, Round Table, Texas Library Associatwn in 1974, Chairman, Trustee, Round Table, Texas Ltbrary Association in 1975 and served on the Panel for the Governors Conference on Libraries System Study Advisory Committee, Texas State Ltbrary in 1975, and WHEREAS, the City of Denton has been extremely fortunate tn hawng enjoyed the dedicated and outstanding serwces of Dr. David F. Speck, for the many years he has devoted to the Denton Pubhc Library Board, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS that the sincere and warm appreciation of Dr. David F. Speck, felt by the c~tizens and officers of the Ctty of Denton, be formally conveyed to him tn a permanent manner by spreading this Resolution upon the offtcial minutes of the City of Denton, and forwarding to him a true copy hereof PASSED AND APPROVED this the 15th day of July, A. D. 1980. ATTES~ ~BFiDOKS HOLT, CITY SECRETARY CITY QF DENTON, TEXAS APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS NO. AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADO PT ED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO LOTS 17 1, 18, 19 AND 19 1 OF BLOCK NO. $78A AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN, AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS SECTION I That the Zoning Map of the C~ty of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to the Code of Ordinances of the C~ty of Denton, Texas, under provisions of Ordxnance No. 69-1, be, and the same ~s hereby amended as follows. Ail the hereinafter described property ~s hereby removed from the Multi-Family "MF-2" Dlstr~ct as shown on sa~d Zoning Map, and all provisions of Ordinance No. 69-1, adopted the 14th day of January, 1969, as amended, shall hereafter apply to sa~d property as Neighborhood Serwce "NS" D~str~ct ~n the same manner as other property located ~n the Neighborhood Serwce "NS" District and more particularly described as follows, All that certain lot tract or parcel of land s~tuated ~n the C~ty and County of Denton, Texas located between Collier Sreet and Avenue B, beginning xmmed~ately north of Underwood Street and totalxng approximately 1.1 acres of land, more or less, and more part~culary described as Lots 17.1, 18, 19 and 19.1 of Block No. 578A. SECTION II. That the City Council of the City of Denton, Texas hereby f~nds that such change ~s in accordance w~th a comprehensive plan for the purpose of promoting the general welfare of the C~ty of Denton, Texas, and w~th reasonable consideration, among other thxngs for the character of the d~strlct and for ~ts peculiar suitability or particular uses, and w~th a wew to conserwng the value of the buildings, protecting human l~ves, and encouraging the most appropriate uses of land for the maximum benefit to the C~ty of Denton, Texas, and ~ts c~txzens. SECTION III. That th~s ordinance shall be ~n full force and effect ~mmedlately after ~ts passage and approval, the reqmred public hearings having heretofore been held by the Planning and Zoning Commission and the C~ty Council of the C~ty of Denton, Texas, after glwng due not~ce thereof. PASSED AND APPROVED this the ~__day of~, A. D 1980 ~, TEXAS APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY CITY,DENTON,By ~~_/~--~-X---~f~TEXAS ^ Z-1452 - LINDON H. WILSON RESOLUTION WHEREAS, the City of Denton finds it necessary to d~spose of a certain tract of land located ~n the City of Denton, Texas, and more fully described below, and WHEREAS, the below described parcel of land was let for bid on May 15, 1980 and the highest bid of One Thousand E~ght Hundred Twenty-Six and SO Cents ($1,826.50) Dollars was awarded to Kathryn M. Arr~ngton; WHEREAS, the City of Denton and purchaser of sa~d parcel, Kathryn M. Arrlngton, agree that a consideration of $1,826 S0 ~s a fair and agreed value of such described property, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: 1. The City Attorney ~s hereby authorized to prepare whatever legal documents are necessary to complete the transfer of property so described below; All that certain lot, tract or parcel of land lying and being s~tuated ~n the C~ty and County of Denton, State of Texas, being part of the E. Puchalskl Survey, Abstract No 996, and being part of Lot 4, Block 1 of the Amended College Addition, an addition to the C~ty and County of Denton, also being part of a tract of land conveyed to the C~ty of Denton by an Award of Special Commissioners of the County Court at Law of Denton County, Texas in the proceedings of the City of Denton, Texas vs. Fred Arrlngton, et ux as filed on November 2, 1978 and ~s more particularly described as follows BEGINNING at the southwest corner of sa~d tract sa~d point of beginning lying in the north right of way line of H~ckory Street and being 220.0 feet east of the intersection of the north right of way l~ne of H~ckory Street and the east r~ght of way l~ne of Fours Street; THENCE west along the south boundary l~ne of sa~d tract sam~ being the north r~ght of way l~ne of Hickory Street a distance of 40.0 feet to a point for a corner; THENCE north 1o S8' 26" west a d~stance of 145 16 feet to a point for a corner in the north boundary line of sa~d tract, THENCE east along the north boundary l~ne of sa~d tract a d~stance of 4S.0 feet to a point for a corner, same being the northeast corner of sa~d tract, THENC~ south along the east boundary l~ne of said tract a d~stance of 145.08 feet to the place of beginning and containing 6,165 65 square feet of land, more or less. PROVIDED further that no curb cuts shall be permitted on the above described tract of land. 2. The C~ty of Denton ~s hereby further authorized to pay ~ts share of the necessary and reasonable costs of closing 5. Th~s Resolution shall take effect ~mmed~ately from and after ~ts passage and approval ~n accordance w~th the prows~ons of the Denton C~ty Charter. PASSED AND APPROVED th~s the l~r'~ day of ~f__~_, 1980. ATTEST. CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C J. TAYLOR, JR. CITY ATTORNEY, CITY OF DENTON, TEXAS THE STATE OF TEXAS, I Know All Men By These Presents: COUN'I ¥ OF That The City of Denton, Texas,a Munxcxpal Corporation of the County of Denton , State of Texas for and m cormideratLon of the sum of ................................................................ One Thousand Eight Hundred Twenty-Sxx and 50/100 ($1,826 50)-- DOLLARS, to it mhandpmdby Kathryn M Arrlngton have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto the said Kathryn M Arrxngton of the Count~ of Denton , State of Texas all that certes lot, tract o~ parcel of land lying and being situated in the C~ty and County of Denton, State of Texas, being part of the E. Puchalskl Survey, Abstract No. 996, and being part of Lot 4, Block 1 of the Amended College Addition, an addition to the City and .County of Denton, also being part of a tract of land conveyed to the C~ty of Denton by an Award of Special Commissioners of the County Court at Law of Denton County, Texas in the proceed*ngs of the C~ty of Denton, Texas vs. Fred Arrington, et ux as filed on November 2, 1978 and ~s more particularly described as follows BEGINNING at the southwest corner of said tract sa~d point of beginning lying in the north right of way line of Hickory Street and being 220.0 feet east of the intersection of the north right of way line of Hlckory Street and the east r~ght of way line of Fours Street, . THt~CE west along the south boundary line of said tract same being the north right of way l~ne of Hickory Street a d~stance of 40.0 feet to a point for a corner; THENCE north 1O 58' 26" west a distance of 145.16 feet to a point for a corner in the north boundary line of said tract, THENCE east along the north boundary line of said tract a distance of 45.0 feet to a point for a corner, same being the northeast corner of said tract; THENCE south along the east boundary line of sa~d tract a distance of 145.08 feet to the place of beginning and containing 6,165.65 square feet of land, more or less PROVIDED further that no curb cuts shall be permltted on the above described tract of land TO HtxVE AND TO HOLD the above described prennses, together with all and singular, the rights and appurtenances thereto m any~,nse belonging unto the said Kathryn M Arr~ngton, her ,I ,does heirs and assigns forever, and it /~ hereby brad itself, lis he~rs, executors and administrator% to Warrant and Forever Defend all and mngular the sa~d premmes uuto the said Kathryn M. Arrlngton, her heirs aud assigns against every person whomsoever lawfully el,um~ng, or to claun the same, or any part thereof W~tness our hand at Denton, Texas thru /f~-~ day of ,AD 19 80 V~ ~t ~es,~e~ ~t Request of Grantor B~~RY BY ...... CITY OF DENTON, TEXAS RESOLUTION NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON' The City Council continues to be deeply concerned with the current situation in the police department in the City of Denton. The City Manager of the City of Denton has been reviewing the situation and he has continuously kept this City Council advised of the progress and actions being taken ~n this matter. At thls point in time, the City Council w~shes to express it's confldence ~n the C~ty Manager's handling of the matter. We are confident that the provls~ons of the charter of the City of Denton are being complled with in every actlon regarding the police problem to th~s date. Our major concern is the well belng of the city, ~ts citizens, and its law enforcement arm. We remain sensitive to your comments and oplnlons and will do everything legally w~th~n our power to resolve the situation as soon as possible and ~n an orderly manner. This council and the adm~nlstratlon are deeply concerned about malicious character assassinations being circulated in the C~ty of Denton and we urge all parties to be factual and ~nform the City Manager or members of the City Council of any factual ~nformation you may have. The council has d~rected the City Manager to project himself ~nto the police situation and to seek a solution to the existing problems and report to the council at an early date. In addition the City Council expresses its regrets for the unruly conduct exhibited by some of our fellow citizens tonight at the c~ty council meeting. The matter before the C~ty Council was of the highest ~mportance to all concerned; ~t should have been dealt w~th in a serious, concientlous, and sincere fashion rather than ~n the emotional and beligerent mood which reigned during the d~scuss~on. PASSED AND APPROVED on this 22nd day of July, 1980. RICHARD TAL~I~AFERRO, MAYOR PRO-TEM, CITY OF DENTON ATTEST: CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C.J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: ~. ~~ / ~.f RESOLU~ I ON WHEREAS, the City of Denton holds Permit Nos. 1706-A and 3312 authorizing the construction of he U.S. Corps of Engineers' Aubrey Dam and Reservoir Project, and WHEREAS, the perm3ts require construction to commence by September 1, 1980 and be completed by September 1, 1983, and WHEREAS, an extension of t~me under the permits is necessary because the U.S. Corps of Engineers cannot commence or complete the Aubrey Project with the time author3zed ~n the permits, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON That the C3ty Manager of the City of Denton be and is hereby authorized to f~le with the Texas Department of Water Resources a joint application w3th the City of Dallas for an extension of t3me to commence and complete construct3on under Permit Nos. 1706-A and 3312. lS~'~ da' of ~ // 1 PASSED AND APPROVED on th __ . y , 980. ~I~HARD 0.TSTEWA3~, MAYOR v CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C.J. TAYLOR, JR. , CITY ATTORNEY CITY OF DENTON, TEXAS RESOLUTION WHEREAS, the governing body of the City of Denton, Texas, on the 5th day of July, 1978, requesting that certain lndlwduals proceeded to re-organize and re-establish a non-profit corporation pursuant to the Texas Non-Profit Corporation Act, for the purpose of furthering educational opportunities of students by providing funds for the acquisition of student loans, that such has been accomplished, the corporation being known as the "North Texas Higher Education Authority, Inc."; and WHEREAS, the North Texas Higher Education Authority, Inc , has proceeded in the development of a plan of doing business and it ~s now appropriate for this governing body to approve the actions taken and the composition of the Board of Directors of the sa~d Corporation; now, therefore, BB IT RBSOLVMD BY THE CITY COUNCIL OF THE CITY OF DBNTON, TEXAS SECTION I. Th~s governing body has been adwsed by the North Texas Higher Mducatlon Authority, Inc., that such Corporatxon upon approval thereof by the governing bodies of the C~t~es of Denton and Arlington, Texas, proposes to issue revenue bonds in order to obtain funds to purchase student loan notes which are guaranteed under the prowsxons of the H~gher Education Act of 1965 (Public Law 89-529), as amended, as provided by Chapter 55 of the Texas Education Code; that such bonds would be lnltxally issued as "Ser~es B" bonds in the aggregate principal amount of $55,000,000 and that such bonds would be payable from and be secured by a pledge of revenues derived from or by reason of the ownership of student loan notes and ~nvestment income after deduction of such expenses for operating the loan program as may be specified by the bond resolution or trust indenture authorizing or securing such bonds and the payment thereof. SMCTION II. This governing body hereby requests that the North Texas Higher Education Authority, Inc., proceed with the issuance and delivery of such bonds for the purposes aforesaid, and in this connection requests that the said Corporation exercise the powers enumerated and prowded in Section 55.47 of the Texas Education Code; that such non-profit corporation shall, in th~s connection, exercise such powers for and on behalf of the C~ty and the State of Texas, as contemplated by Section 55.47(e) of the Texas Education Code. SECTION III. That the following ~nstruments or actxons, to-wit (a) the By-Laws of the Corporation, as adopted by the Board of D~rectors, (b) the Articles of Amendment to the Articles of Incorporation of the Corporation, (c) the Plan of Doing Bus,ness of the Corporation, as adopted by the Board of Directors; (d) the election or designation of the e~ght D~rectors of the Corporation, and (e) the authorization of the Series B bonds of the said Corporation In the principal amount of $3S,000,000; are hereby approved. SECTION IV. That the City of Denton, Texas, agrees to accept cash that may be conveyed to it by the Corporation when such funds are not encumbered and all bonds of the Corporation are paid and retired, but in no event does the City agree to assume any responsibility in connection w~th the administration of th~s student loan program; it being understood this responsibility ~s being assumed by the Corporation SECTION V. It is recognized by th~s governing body that the ~nstruments which authorize the issuance of bonds by the Corporation will specifically state that the City of Denton, Texas, is not obligated to pay the principal of or interest on the bends proposed to be ~ssued by the corporation. Nothing in th~s resolution shall be construed as an indication by the City of Denton, Texas, that it will pay or prowde for the payment of any obligations of the said Corporation whether heretofore or hereafter incurred, and in this connection, attention is called to the Constitution of Texas wherein it is provided that a City may incur no ~ndebtedness without having made provisions for ~ts payment, and the City of Denton hereby specifically refused to set aside any present or future funds, assets or money for the payment of any ~ndebtedness or obligation of the Corporation. SECTION VI. Thxs Resolution shall be effective from and after its passage and approval. ~ PASSED AND APPROV~D, this the~ day of , 1980. NROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM. C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS CERTIFICATE OF SECRETARY THE STATE OF TEXAS X COUNTY OF DENTON X I, the undersigned, City Secretary of the City of Denton, Texas, DO HEREBY CERTIFY that according to the records of the City of Denton, of which I am custodian, that 1 The attached Resolution ~s a true and correct copy of a resolution adopted by the governing body of the City of Denton at a regular meeting on the Sth day of August, 1980. 2. At such meeting (a) a quorum of governing body was present on said date of adoption, ~n that five (S) members of said governing body were in attendance at such meeting when the question of the adoption of the resolution was called for and placed to a vote, and (b) five (S) members of said governing body voted for the adoption of such resolution and no members of said governing body voted against its adoption and no members abstained from voting, and (c) the said Resolution was adopted only after a motion was made that the same be adopted and the seconding of such motion; and $. Prior to such meeting (a) notice o£ the time, place, subject and purpose of the meeting had been duly given in the time, form and manner required by the provisions of Section SA, Article 62S2-17, V.A T.C.S. (b) actual notice of the time, place, subject and purpose of the meeting had been given to each member of the governing body of the City, and 4 The officers and members of the governing body of the City of Denton as of the time of the passage of such resolution was Richard O. Stewart, Mayor Richard H. Tallaferro, Mayor Pro-Tem Bud Hensley, Councilman Roland Vela, Councilman Dr. Ray Stephens, Councrlman Dwight L. Galley, Councilman Charles Hopkins, Councilman TO CERTIFY WHICH, witness my official signature and the Seal of the City of Denton, this the 22nd day of July, 1980. BR~IT~Y CITY OF DENTOn, TEXAS Next Document RESOLUTION WHEREAS, the City of Denton fznds zt necessary to purchase a certain tract of land located zn the Czty of Denton, Texas, and more fully descrmbed below, and WHEREAS, the City Council of the Czty of Denton is of the opinzon that the best interest and welfare of the publzc wzll be served by the purchase of the parcel of real estate descrzbed below, and WHEREAS, the City of Denton and owner of said parcel, J.D. Brown and wife Lillian L Brown, agree that a conszderatzon of $111,000.00, is a fazr and agreed value of such described property, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT 1. The City Attorney is hereby authorzzed to prepare whatever legal documents are necessary to complete the transfer of property so described below from the owner thereof to the State of Texas Being 22.506 acres of land, more or less, of whzch 0 311 of an acre zs located in a Public Road (Kings Row) out of and a part of a certain 200 acre tract of land in the James Coltart Survey, Abstract No. 288 and Daniel D Culp Survey, Abstract No. 287 in Denton County Texas, said 200 acre tract was conveyed to J.D. Brown by znstruments recorded as follows Volume 122, Page 476 and Volume 137, Page 613 of Probate Records of Denton County, Texas, and Volume 749, Page 812 and Volume 812, Page 597 of the Deed Records of Denton County, Texas, sazd 22 506 acres of land, more or less, being more particularly descibe~ by metes and bounds as follows: BEGINNING at the northwest corner of sazd 200 acre tract of land, said point being in the west boundary lzne of James Coltart Survey, Abstract No. 288, and bearing south 02°30'40'' West a distance of 1998.11 feet from the northwest corner of 144 206 acre tract conveyed to Charles A. Reed, et al, by deed recorded zn Volume 825, Page 183, Deed Records of Denton County, Texas, THENCE south 88°08'55'' east for a distance of 119.66 feet to a poznt zn the proposed northerly right of way line of Loop 288, THENCE south 51°28'47'' east along the said proposed right of way line for a distance of 98.14 feet to a poznt, THENCE south 57°11'25'' east for a dzstance of 600 00 feet to a poznt, THENCE south 57°34'53'' east for a dzstance of 460 20 feet to a poznt, THENCE south 50~05'32'' east for a dzstance of 564 13 feet to a poznt, THENCE mouth 48~46'17'' east for a dzstance of 799.37 feet to a poznt, THENCE 47°20'16'' east for a distance of 500 00 feet to a point, THENCE south 42°34'27TM east for a dzstance of 602.08 feet to a poznt, THENCE south 47°20'17'' east for a dzstance of 165 25 feet to a poznt in the east boundary lzne of sa~d 200 acre tract, THENCE south 03°14'58'' west along the east boundary lzne of said 200 acre tract for a distance of 39.01 feet to a point zn the bend of Kings Row Road, THENCE north 87°35'21'' west with the centerlzne of sazd road for a distance of 378.66 feet to a point, THENCE north 02°24'39'' east for a distance of 32 50 feet to a point in the proposed southerly right of way lzne of Loop 288, THENCE north 47~20'16'' west along the sazd proposed rzght of way lzne for a distance of 680.01 feet to a poznt, THENCE north 50°12'01'' west for a distance of 200 25 feet to a point, THENCE north 44°28'32'' west for a distance of 801.00 feet to a point, THENCE north 47~20'16'' for a distance of 99 12 feet to a poznt on a curve of radzus 5619.58 feet bearing south 42°39'44" west to the radius point, THENCE along said curve to the left a dzstance of 966 33 feet to a point of bearing south 32~48'35'' west to the radzus poznto THENCE north 59~03'26'' west along the sazd proposed southerly right of way line for a dzstance of 707 08 feet to a poznt zn the west boundary line of said 200 acre tract, said poznt also being zn the west boundary line of James Coltart Survey, Abstract No. 288, THENCE north 04°19'23'' east with the sazd common boundary line for a dzstance of 228.98 feet to the place of begznnzng. 2. The City of Denton is hereby further authorzzed to pay J D. Brown and wife, Ltllian L. Brown as owner of sazd described property, consideration in the amount of $111,000 00, purchase przce, plus necessary and reasonable recording fees 3. Thzs Resolution shall take effect zrmmedtately from and after mt.s passage and approval in accordance wzth the provzszons of the Denton Czty Charter. 1980.PASSED AND APPROVED this the ~day of~, ATTEST CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C.J. TAYLOR, JR. CITY ATTORNEY CITY OF ~N~E~ BY:~. ~ ! RESOLUTION CITY OF DENTON, TEXAS MAYOR ~D COUNCIL CO~NICATION DATE SUBJECT Real Property Acquisition It ~s ~commended t~at th~ C~ty Counc~l~author~ze th~ purchase of real property (as described below} for the purpose constr~ ~t~ng essential public ~mprovements. N~B O~ PROJECT. Loop 288 TYPE OF ACQUISITION. General Warranty Deed DESCRIPTION OF L~D/LOCATION. Northeast corner of proposed Loop 288 and ~ Kmngs Row SQU~B ,FEET 22. 195 acres OWNER S)' J.D Bro~ and wife, Lzllzan L. Bro~ Negotiations have taken place w~th the owners and owners have accepted the appraisal of the fair market value, as prowded by the State Department of H~ghway and Public Transportatxon, for an amount of $111,000.00 The C~ of Denton ~s required to pay recording fees and the State f 11 pay Texas w~ the remainder of the closing costs. ACTION NEMD~D. Approve Resolution purchasing the above described property after reconvenlng ~nto open session ROGER N. WILKINSON RIGHT OF WAY NEGOTIATOR ~%"I~HARD 0/ STEWA~RT, MAYOR CItY OF DENTON, TEXAS CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C.J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: RESOLUTION NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON: The City Manager is hereby authorized to submit a grant appl~catlon to the Department of Energy of the Federal Government to be used, ~f approved, to make a study and/or develop an automated broadband cable energy management system for the City of Denton. PASSED AND APPROVED this the ~day of ~, 1980. ATTEST: CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY~~ RESOLUTION WHEREAS, the City of Denton fznds zt necessary to purchase a certain tract of land located in the Czty of Denton, Texas, and more fully descrmbed below; and WHEREAS, the City Council of the City of Denton zs of the opinion that the best interest and welfare of the publzc wzll be served by the purchase of the parcel of real estate descrzbed below, and WHEREAS, the City of Denton and owner of samd parcel, Roy D. Houghton (Veteran Land Board), agree that a conslderatzon of $45,000.00 ms a famr and agreed value of such described property, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: 1. The City Attorney ms hereby authorzzed to prepare whatever legal documents are necessary to complete the transfer of property so described below from the owner thereof to the Cmty of Denton: A tract of land smtuated in the County of Denton, State of Texas, bemng part of the Thompson Survey (A-1238), and bezng substantzally the same land under contract of sale from the Veterans Land Board of Texas to Roy D Houghton dated August 15, 1969 and recorded in Volume 589 at Page 527 of the Deed Records of Denton County, Texas, and being more partmcularly described as follows BEGINNING at the corner common to the Roy D. Houghton, et al, and Lee R Allison properties situated zn the center lzne of a road same being the common line between samd Thompson Survey and the C M. West Survey (A-1361) and a south boundary lmne for the A.E Sadua property, said pomnt of beginning also bezng the northwest corner for a 199.41 acre tract conveyed to D Sparkman by Garland Warren by deed dated March 17, 1965 and recorded in Volume 520 at Page 693 of the Deed Records of Denton County, Texas, THENCE along the center Line for samd road, same bemng the common line between said Houghton property on the rzght and sazd Sadua property and the Avis I McKenney, et al, propertmes on the left, and the common line between said Thompson Survey on the rzght and said West Survey and the B.B.B. and C R R. Co. Survey (A-140) on the left, south 87°59' east, 672.89 feet to a point for the corner common to said Houghton and the Mable E. Sparkman, et al, properties, THENCE along the common line between sazd Houghton and Sparkman properties, south 02°42' west, 1322.60 feet to a 2-inch zron pzpe for the corner cormnon to said Houghton and Sparkman propertzes, smtuated in the north boundary line for the J.H. Curtzs, Jr , property, THENCE, along the common line between said Houghton and Curtzs properties, north 87~32' west, 672.80 feet to a 2-inch zron pzpe for the corner common to said Houghton and Curtms properties, sztuated mn the eastermost boundary lzne for samd Allzson property, THENCE along the co~,mon line between sazd Houghton and Allzson properties, north 02°42' east, 1317.30 feet to the pomnt of beginning, containzng 20.387 acres, more or less, of which 0 387 acre is within said road. 2. The Czty of Denton is hereby further authorized to pay Roy D. Houghton as owner of said descrzbed property, cons~deratzon zn the amount of $45,000.00 purchase przce, plus necessary and reasonable recording fees. 3. This Resolution shall take effect zmmediately from and after zts passage and approval zn accordance wzth the provzszons of the Denton Czty Charter. 1980.PASSED AND APPROVED thzs the /~-'-'~day of ~ ATTE~ BRO~q{0LT, CITY SECRETARY CI~ OF DENTON, TE~S APPROVED AS TO LEGAL FORM. C.J TAYLOR, JR., CITY ATTO~EY CI~ OF DENTON, TE~ .l-V/ /,, CITY OF DENTON, TEXAS MAYOR AND COUNCIL COMMUNICATION DATE SUBJECT 8-19-80 Real Property Acquzsltzon It zs recommended that the Czty Councml authorize the purchase of real property (as described below) for the purpose of constructing essentzal public improvements NAME OF PROJECT: Aubrey Reservoir TYPE OF ACQUISITION General Warranty Deed DESCRIPTION OF LAND/LOCATION W.A. Thompson Survey, Abstract No 1238 ACRES: 20.387 OWNER(S): Roy D. Houghton (Veterans Land Board) Negotiations have taken place wmth the owner and owners have signed a contract for the apprazsed fair market value zn the amount of $45,000.000 ACTION NEEDED Approve Resolutzon purchasing the above described property after reconvening znto open session. RIGHT OF WAY NEGOTIATOR RE S,O LU T I ON WHEREAS, the City of Denton fznds zt necessary to purchase a certain tract of land located zn the Czty of Denton, Texas, and more fully described below, and WHEREAS, the City Counczl of the Czty of Denton zs of the oplnzon that the best interest and welfare of the publzc wzll be served by the purchase of the parcel of real estate descrzbed below, and WHEREAS, the City of Denton and owner of sa~d parcel, Bzll Lynch and wmfe, Wilma Louise Lynch, and H. L. Woodbury agree that a consideratzon of $210,365.00 zs a fair and agreed value of such described property, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT 1 The City Attorney zs hereby authorized to prepare whatever legal documents are necessary to complete the transfer of property so descrzbed below from the owner thereof to the Czty of Denton: A tract of land sztuated zn the County of Denton, State of Texas, and bezng 194,669 square feet of land, more or less, and bezng all of the 108,500 square feet of land and a part of the remamnder of a 10 acre tract of land sztuated zn the Wzllzam Lloyd Survey, Abstract No. 774 as conveyed to Bzll Lynch, et ux, by deeds dated November 25, 1975 and September 20, 1954, recorded zn Volume 766, Page 111, and Volume 399, Page 65, Deed Records of Denton County, Texas, and 30,668 square feet of the 35,348 square feet of land remainzng from a one acre tract, sztuated zn the R.B Longbottom Survey, Abstract No 775, as conveyed to Bzll Lynch by deed as recorded mn Volume 410, Page 638, Deed Records of sazd county, said 194,669 square feet of land, more or less, bezng more partz- cularly described by metes and bounds as follows: BEGINNING at the northwest corner of the Wzlllam Lloyd Survey, Abstract No 774, said poznt bezng north 89o34'30'' west a distance of 209.9 feet from an zron rod at the northeast corner of a 0 296 acre tract of land conveyed to Hugh D. Brockett by deed dated July 1, 1977 and recorded zn Volume 838, Page 53, Deed Records of said county, THENCE south 89°34'30'' east along the north lzne of sa~d 10 acre tract and the north lzne of the Willzam Lloyd Survey a dzstance of 109 9 feet to a point for a corner, samd point also bezng the northwest corner of the aforesamd Brockett tract, THENCE south 02010'00'' west along the west lzne of said Brockett tract a distance of 118.68 feet to a poznt for a corner, sazd poznt bemng the southwest corner of sazd Brockett tract, THENCE south 89°50'49'' east along the lzne of sazd Brockett tract a distance of 13.83 feet to a poznt for a corner, THENCE south 00022'36TM west along the west right of way l~ne of Twilight Road (a publzc road) a dzstance of 44 16 feet to a poznt for a corner, said poznt being in the south right of way lzne of said Twzlight Road and the northwest corner of a tract of land conveyed to Donald A. Wzggins, et ux, by deed dated May 2, 1974, recorded in Volume 706, Page 168, Deed Records of sazd county, THENCE south 01°40'00'' west along the west line of said Wzggzns tract a distance of 110.05 feet to a poznt for a corner, sazd point being the southwest corner of the aforementioned Wzggins tract; THENCE south 89°51'00'' east along the south lzne of said Wzgglns tract a distance of 69 05 feet to a poznt for a corner zn the east right of way of proposed State Loop 288, THENCE along the new rzght of way of State Loop 288 as follows: South 00°47'48'' west a distance of 145 71 feet, South 89°12'12'' east a dzstance of 40.0 feet, South 02°34'11'' east a distance of 340 59 feet, South 36°23'36'' east a distance of 83.18 feet to a point for a corner ~n the north rzght of way lzne of U.S Hzghway 380, THENCE along the north right of way lzne of U.S. Hzghway 380 as follows: South 77°29'44'' west a distance of 133 20 feet, South 84°11'03'' west a distance of 163 79 feet, South 89°41'25'' west a distance of 179 73 feet to a point for a corner in the proposed west rzght of way lzne of State Loop 288, THENCE north 03°39'42'' east along the north lzne of the 35,348 square foot tract a dzstance of 169 77 feet to a poznt for a corner in the west ozne of the Lynch 10 acre tract, THENCE north 00°22'02'' east along the west lzne of the Lynch 10 acre tract being the west line of the Wzllzam Lloyd Survey a dzstance of 695 57 feet to the point of begznning. 2. The Czty of Denton is hereby further authorzzed to pay Bzll Lynch and wife, Wzlma Louzse Lynch as owners of sazd descrzbed property, conszderatzon in the amount of $210,365.00 purchase price, plus necessary and reasonable recordzng fees. 3 This Resolution shall take effect zmmedzately from and after zts passage and approval in accordance wzth the proviszons of the Denton City Charter. 1980.PASSED AND APPROVED th~s the/~'~day of~, ATTEST_ CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C.J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS MAYOR AND COUNCIL COMMUNICATION DATE SUBJECT Real Property Acquisitzon It is recommended that the City Counczl authorize the purchase of real property (as described below) for the purpose of constructing essential public i~mprovements. NAME OF PROJECT Loop 288 TYPE OF ACQUISITION General Warranty Deed DESCRIPTION OF LAND/LOCATION Northeast corner of Hwy 380 and Loop 288 SQUARE FEET 194,669 OWNER(S): Bzll Lynch and wzfe, Wzlma Louise Lynch (and H L Woodbury - Advertzszng Szgn) Negotiations have taken place wzth the owners and owners have accepted the appraisal of the fazr market value, as provided by the State Department of Highway and Pubtzc Transportatzon, for an amount of $210,,365 . The City of Denton is required to pay recordzng fees and the State of Texas will pay the remainder of the closzng costs ACTION NEEDED Approve Resolution purchasing the above described property after reconvenmng into open session RIGHT OF WAY NEGOTIATOR RESOLUTION WHEREAS, the City of Denton finds it necessary to purchase a certain tract of land located in the City of Denton, Texas, and more fully described below; and WHEREAS, the City Council of the City of Denton is of the opinion that the best interest and welfare of the public w~ll be served by the purchase of the parcel of real estate described below; and WHEREAS, the City of Denton and owners of said parcel, George Prock, Gerald W. Tarvln, H. Earl Underwood and Michael James, agree that a consideration of $4,800.00 is a fair and agreed value of such described property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: 1. The City Attorney ~s hereby authorized to prepare whatever legal documents are necessary to complete the transfer of property so described below from the owner thereof to the City of Denton. All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the S. C. H~ram Survey, Abstract No. 616, and belng part of Lot No 1, Block A of the Shady Oaks Industrial Park an addition to the City and County of Denton, and also being part of a tract of land as conveyed from Addison Lee Phluger, Trustee to H. Earl Underwood, Michael W. James, Gerald W. Tarvln and Gabriel M~lton Dasplt, Jr. by special warranty deed dated August 31, 1979, and recorded in Volume 974, Page 191 of the Deed Reoords of Denton County, Texas, and Gabriel Milton Dasptt, Jr. to George Prock by deed dated February 14, 1980, and recorded in Volume 1003, Page 703 of the Deed Records of Denton County, Texas, and more particularly described as follows: BEGINNING at the southwest corner of said tract, said point of beginning being the Intersection of the east right of way line of Duncan Street and the north boundary l~ne of a private l~ne; THENCE north 3© 32' 20" east along the west boundary line of said tract same being the east r~ght of way line of Duncan Street a distance of 120 feet to a point for a corner; THENCE south 14° 49' 22" east a distance of 126.97 feet to a point for a corner in the south boundary llne of said tract same being the north boundary l~ne of a private road; THENCE north 85° 44' 20" west along the south boundary line of said tract same being the north boundary line of a private road a distance of 40 feet to the place of beginning and containing 2,400 square feet of land, more or less. 2. The C~ty of Denton is hereby further authorized to pay George Prock, Gerald W. Tarvln, H. Earl Underwood and Michael James as owners of sa~d described property, consideration in the amount of $4,800.00 purchase price, plus any other necessary and reasonable costs of closing. 3. This Resolution shall take effect immediately from and after its passage and approval ~n accordance with the provisions of the Denton C~ty Charter. ~c~'~ O,TS?EW~T, ~;~YO'~ CITy OF D~NTON, TEXAS ATTES~ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS THE~STATE.OF`TEXAS (~. - 'KNOW ACL -MEN 'BY THESE. PRfSEN-TS: :COUNTY . OF-- DENTON ) That ._- George Prock Gerald W.. Tarvin - .. .. ~ "; - -. H:'-Ear1'.Underwood ~ ~ -, and Michael-James hereinafter called Sellers, acting through 'the undersigned and ~ "_ duly authorized:agent,•.hereby. sells and agrees to.con.vey unto ~ _ - ~ -the;' C-i:ty'--of -'Denotn, `Texas, ". hereinafter. cal led purchaser, the °following described property: A1:1; that. certain lot, tr. act or parcel of .band lying, and .being. - si,tuated in the, City and County: of Denton, State of Texas, .and . `being part--of ,the S. G. Hiram Survey, Abstract No. 616, .and . being .part of: :Lot- No -1,, Block A 'o# the Shady Oaks. Industrial •'Park an'..addation ,to `the.•City :and County- of Denton, and .also -' - being part. 'of.~ a tract ,of land as .conveyed from Addison Lee Phluger,. Trustee` to H. Earl Underwood; Michael W~. Jame_s, Gerald. .: W:. =i'arvin and,Gabriel• Milton Das.p'it, ,Jr, by special .warranty deed rdated August 31, .1979:, and recorded in Volume 974, Page. 191 of,ahe Deed,~Records of Denton County; Texas; and Gabriel Miaton Daspit, Jr. to George Prock . by. deed dated -Februa"ry.'14, • 1980; "and.r.ecor.ded .in Volume 1003,-.Page 703 of the Deed-Records. o.f .'Denton County; .Texa's, 'and: more :particularly. described. as ;follows:" _ BEGINNLNG .at the southwest corner 'of said tract, said point of ."beg:inrring-being the'interse"ction of-the east right of way line- _.'of Duncan Street .and-the north boundary line of a private-line; :THEN:CE~nor_th 39_"_;32' X20"=eas ~al-ortg= the-~wes•t*-boundary lure of~~-~'~ -• ,sai_d tract same: being."the eas-t right. of. way line of Duncan S$reet as.diatance of .120 feet .to a point fora corner; THENCE south .-14°.49' 22r east`a distance of 126:97 feet to a point .for a corner io.the south boundary line of said tract - same being the north -boundary line, of a.private road; _ .- .THENCE north. 850 44.' '20•" west along.:.the south boundary line ' • of said~fract same being the north boundary line of .a private road. a:distanc`e° of :.40. #eet to the place of beginning and `containing.2;400 square feet of hand, .more or less. Se-ller., .and .Purchaser agree -that.a- consideration of. Two :Dollars'($2:00.) per. square .foot rs.-,'a•:`reasonable=_and acceptable ' consi°derat;ion-for said .property. -~ - - • - _ ,, Purchaser,, agre.e's. to. fLrnis'h-- Title- Ins.urence . Policy ~to said property, :which. shall tie' conveyed' #ree• and-clear of any and -al l encumbrances_excepf'tFiose named-herein.` -- - . - `In-accondence with the ter:ms of the-Real Estate License Act -: of .the State:of'~Tezas, you, as purchaser,• are advised. that you should-ha.ve..the 'abstract-coverirrg. the real. es-tate which is. the" _ subject of this'~contract~ ezami-ned".by 'an attorney' of your gown selection,:-or .that you shouad be furnished with or- obtain a ~ .pol`i'cy of title insurance: , -If abstract. is .furnished, --Purchaser. agrees. within: ten, days _°-~ .• from the receipt of said abstract .either to accept the title as `,~ -shown by said-abstract or to return it"to th_e undersigned Agent -„ with. the .written,objectiohs to the .title. If title policy is ~~furnished, Purchaser. agrees to consummate the sale withio.ten ' days from the. date-title company-approves title. - - "•` _ ,. - F If any tit.Teobjections are m"ade, -then "the Sel-ter -or~ his Agent shall.have.a reasonable time to cure-said objections and show good and, 'marketable title'. In the event of_ fail~ur.e. to: furnish good and marketable-title, the purchase money hereby --~_ receipted for _;n.s -__to be returned to rP-ur.chaser,:,:.upon the __- ;.- cancellation and return.-of th;is.-contraet;- or Purchaser. may. enforce..spec.if.i-c:performance of same: - - Seller agrees when the title objections are' made; then-;the Seller or; his Agent shall Piave a- reasonable time to .cure .said obj,ecti,ons .and show-_good'-an'd_.marketabl'e ti..t.l.e:_ ~.Irr the~Feuen.t-= of~.-==---- "~- °~ • "~~fa"ilure to`'-furn-ish good and marketable title, the .purchase . money hereby.receipted for is to be returned to~:Purchasek:upon- the cancellation`arid return .of this contract,-or.Pur.chaser. may ~. " enforce specific performance-of same.. ~ - - - - • Seller.-agrees when the .title obyect:ion"s FFave been cured;, to deliver a good and stiffici•ent .General •Warrant.y ;Deed `~ properly conveying .said -property to said.~Purc`haser:- `Taxes for the-current year,. the-current _rents,'_i-nsurance," - and imterest, (if.any), are to be prorated.to-date of closing. .. p: - .Seller ,and .Purchaser agree that purchase of said property -is subject to•the approval. of 'the City Council, of the City of Dehton,.Texas. - •Seller .and Purchaser agree that said.~property.is .to .be exempt from any- paving or' curb .assessments ;for'such original ' - roadway to.be-constructed on.said..p,roperty... • - - Executed in triplicate this .the day `of July,-1,9.80. - - - _. GITY;` ° ~DENTON ` TEXAS., 'P -CHASER - BY: - ~• .. /- , .. ~ - :; SELL - - - ,~ i E L•'C ER RESOLUTION WHEREAS, the City of Denton finds it necessary to dispose of a certain tract of land located in the City of Denton, Texas, and more fully described below; and WHEREAS, the below described parcel of land was let for bid on May 13, 1980 and the highest bid of One Thousand Slx and No/100 ($1,006.00) Dollars was awarded to V. W. Redman; WHEREAS, the City of Denton and purchaser of said parcel, V. W. Redman, agree that a consideration of $1,006.00 is a fair and agreed value of such described property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: 1. The City Attorney is hereby authorized to prepare whatever legal documents are necessary to complete the transfer of property so described below; All that certain lot, tract or parcel of land lying and being sltuated in the City and County of Denton, State of Texas, and being part of the S.C. Hiram survey, Abst. No. 616, and being a tract of land as conveyed from Lucy Klmbrell and husband J.W. Klmbrell to the C~ty of Denton by deed dated May 19, 1953 and recorded in Volume 389, Page 587 of the Deed Records of Denton County, Texas, and more particularly described as follows: Beginning at the northeast corner of said tract, said point of beginning lying in the east boundary 1,ne of said Hiram Survey and also lying ~n the south boundary l~ne of an 80 foot right-of-way owned by Texas Power and Llght Company; THENCE west, along the north boundary line of said tract, same being the south boundary line of said 80 foot right-of-way, a distance of 150.0 feet to a point for a corner; THENCE south, along the west boundary line of sa~d tract, a d~stance of 150.0 feet to a point for a corner; THENCE east, along the south boundary line of said tract, a d~stance of 150 0 feet to a point for a corner; THENCE north, along the east boundary llne of said tract, same being the east boundary l~ne of sald Hiram Survey, a distance of 150.0 feet to the place of beginning and containing 22,500 square feet of land, more or less. PROVIDED further that no curb cuts shall be permitted on the above described traot of land. 2. The City of Denton is hereby further authorized to pay its share of the necessary and reasonable costs of closing. 3. Th~s Resolution shall take effect immediately from and after its passage and approval in accordance with the provisions of the Denton City Charter. PASSED AND APPROVED this the ~q~day of C,~.,~ , 1980. ATTEST: BROOKS HOLT, CITY SECRETARY APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR. CITY RESOLUTION WHEREAS, on the 8th day of August, 1980, Lone Star Gas Company, a Division of ENSERCH CORPORATION, filed with the City of Denton, Texas its Statement of Intent to Change Residential and Commercial Rates in the City of Denton, Texas, and ~EREAS, pursuant to the provisions of Section 43(d) of Article 1446c V.A.C.S., the City of Denton desires to suspend the operation of the schedule of rates for a period of one hundred twenty (120) days beyond the date on which the schedule of rates would otherwise go into effect in order to gather all the necessary information and properly review and analyze said information pertaining to the Statement of Intent to Change Residential and Commercial Rates, and ~EREAS, the effective date of the proposed change is September 15, 1980. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS That the effective date for the proposed change in the residential and commercial rates for gas in the City of Denton, Texas, by Lone Star Gas Company, a Division of ENSERCH CORPORATION is hereby suspended for a period of one hundred twenty (120) days beginning September 15, 1980, so that the City will have sufficient time to gather information and review and analyze the proposed change PASSED MD APPROVED this the 19th day o~ August, 1980 __ SECRETLY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM. C. J. TAYLOR~ JR., CITY ATTORNEY CITY OF DENTON, TEXAS RESOLUTION WHEREAS, it lS the desire of the City Council to partici- pate with the Greater Denton Arts Council, the Denton Chamber of Commerce and the Denton Historical Committee in the "Denton Spring Fling Festival" to be held May 1 through May 3, 1981; and WHEREAS, the purpose of said festival is to enter into a "partnership" with other organizations for the mutual benefit of combining talents and resources to provide people with a memorable and pleasurable experience; and WHEREAS, it is the goal of sald festival to enhance our citizens appreciation of Denton, define the present and relnterpret our shared past, and invest in the quality of life; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: The City Council of the City of Denton, Texas 3olns the Greater Denton Arts Council the Denton Chamber of Commerce and the Denton Historical Committee in co-sponsoring the Spring Fling Festival. PASSED AND APPROVED this the 19th day of August, A. D. 1980. ~RY CITY OF DENTON, TEXAS e APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS RE SO LU T I O N WHEREAS, the City of Denton finds it necessary to purchase a certain tract of land located in th9 City of Denton, Texas, and more fully described below; and WHEREAS, the City Council of the City of Denton is of the opinion that the best interest and welfare of the public will be served by the purchase of the parcel of real estate described below; and WHEREAS, the City of Denton and owners of said parcel, George Prock, Gerald W. Tarvln, H. Earl Underwood and Michael James, agree that a consideration of $4,800.00 is a fair and agreed value of such described property, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: 1. The City Attorney is hereby authorized to prepare whatever legal documents are necessary to complete the transfer of property so described below from the owner thereof to the City of Denton- All that certain lot, tract or parcel of land lying and being situated tn the City and County of Denton, State of Texas, and being part of the S. C. Hiram Survey, Abstract No. 616, and being part of Lot No 1, Block A of the Shady Oaks Industrial Park an addition to the City and County of Denton, and also being part of a tract of land as conveyed from Addlgon Lee Phluger, Trustee to H. Earl Underwood, Michael W. James, Gerald W Tarvln and Gabriel Milton Dasplt, Jr. by special warranty deed dated August 31, 1979, and recorded in Volume 974, Page 191 of the Deed Records of Denton County, Texas, and Gabriel Milton Dasplt, Jr. to George Prock by deed dated February 14, 1980, and recorded in Volume 1003, Page 703 of the Deed Records of Denton County, Texas, and more particularly described as follows: BEGINNING at the southwest corner of said tract, said point of beginning being the intersection of the east right of way line of Duncan Street and the north boundary line of a private line; THENCE north 3° 32' 20" east along the west boundary line of sa~d tract same being the east right of way line of Duncan Street c~ d~stance of 120 feet to a point for a corner; THENCE south 14° 49' 22" east a distance of 126.97 feet to a point for a corner in the south boundary line of said tract same being the north boundary line of a private road; THENCE north 85° 44' 20" west along the south boundary line of s~id tract same being the north boundary line of a private road a distance of 40 feet to the place of beginning and containing 2,400 square feet of land, more or less. 2. The City of Denton is hereby further authorized to pay George Prock, Gerald W. Tarvln, H. Earl Underwood and Michael James as owners of said described property, consideration in the amount of $4,800.00 purchase price, plus any other necessary and reasonable costs of closing 3. This Resolution shall take effect immediately from and after its passage and approval In accordance with the provisions of the Denton City Charter. PASSED AND APPROVED thls the /?~J~ day of _~j[c.~ , ~C~KR~ o.TST~Wl%~T, ~ YO CIT~ OF D~TON, TEXAS ATTEST': BROOKS"~OLT, ~ITY SECRETARY CITY OF DENTON, TEXAS ~ ~' ~S~ TO LEGAL APPROV~ FORM: C. J. ~i~Y~OR, JR., CITY ATTORNEY CItY OF~ )~NTON, TEXAS 1 THE STATE OF TEXAS ( COUNTY OF DENTON ) RESOLUTION IN APPRECIATION CITY OF DENTON ( OF GEORGE KRIEGER WHEREAS, the Council of the City of Denton ts las~ng one of tts most valued members, George Kmeger, who served on the Public Uttlities Board as a member and Chawman from July, 1979 through June, 1980, and WHEREAS, during said time m offtce, George Kmeger served as the Public Utilities Boarc~s representative to the Denton Land Use Committee, Steering Commtttee Member of the Denton Long Range Water Supply Study, and Project Manager on the 1980 Denton Power Supply Study, and WHEREAS, the City of Denton has been extremely fortunate m havtng enjoyed the dedicated and outstandtng services of George Krleger for the time he has devoted to the Denton Public Utilittes Board, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS that the s~ncere and warm appreciatwn of George Krteger, felt by the c~tizens and officers of the C~ty of Denton, be formally conveyed to htm tn a permanent manner by spreading thts Resolutton upon the official mtnutes of the City of Denton and forwardtng to him a true copy hereof. PASSED AND APPROVED th~s the 19th day of August, A. D 1980. RICHARD O. STEWART, MAYOR CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY C1TY OF DENTON, TEXAS THE STATE OF TEXAS ( COUNTY OF DENTON ) RESOLUTION IN APPRECIATION CITY OF DENTON ( OF JIM NASH WHEREAS, the Council of the City of Denton has lost one of its most valued members, Jim Nash, who served on the Public Utilities Board as a member and Vice Chairman from July, 1979 until hls untimely death on July 17, 1980, and WHEREAS, during said time in off~ce, J~m Nash served as the Public Utilities Board's representative to Denton's Research and Economic Development Board, and Project Manager on the 1980 Denton Power Supply Study, and WHEREAS, Jim Nash served h~s community above and beyond the mere efficient discharge of his duties in promoting the welf~'e and prosperity of the c~tlzens of Denton, and earned the full respect and admiration of his colleagues and associates, and WHEREAS, he was the kind of individual who gave not only his tlme and money but took a s~ncere interest in the life and wellbemg of all the people with whom he came into contact and dedicated himself to the proposition of building a better life within the community. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS that the sincere and warm appreciation for Jim Nash, felt by the citizens and officers of the City of Denton, cause this Resolution to be formally transcribed into the official minutes of the City of Denton, Texas, dedicated to the rememberance of J~m Nash PASSED AND APPROVED this the 19th day of August, A. D. 1980. RICHARD O. STEWART, MAYOR CITY OF DENTON, TEXAS ATTEST , ~ SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS RESOLUTION WHEREAS, the C~ty of Denton f~nds ~t necessary to purchase a certain tract of land located ~n the C~ty of Denton, Texas, and more fully described below, and WHEREAS, the Czty Council of the C~ty of Denton ~s of the op~n~on that the best ~nterest and welfare of the public w~ll be served by the purchase of the parcel of real estate described below, and WHEREAS, the C~ty of Denton and owner of sa~d parcel, Cornelia C. Harris, agree that a conszderat~on of $3,809 00 ~s a fair and agreed value of such described property, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT. 1 The C~ty Attorney ~s hereby authorized to prepare whatever legal doc~ents are necessary to complete the transfer of property so described below from the owner thereof to the State of Texas BEING 0.581 of an acre of land, more or less, s~tuated ~n the B.B.B ~ C Railroad Company Survey, Abstract No. 141, out of a 165.8 acre tract of land conveyed from J. Ben Fritz and w~fe, L~nda Fritz, to R~chard A. Harris by deed dated May 17, 1952 recorded ~n Volume 580, Page 271, Deed Records of Denton County, Texas, sa~d 0.581 of an acre of land being more particularly described by metes and bounds as follows. BEGINNING at a point of ~ntersect~on of the ex~st~ng west r~ght of way line of IH$5 and the north boundary line of sa~d 165.8 acre tract of land, said point also being south 88° 52' 52" west a d~stance of 5756.51 feet from the A.T ~ S F Railroad r~ght of way, THENCE south 02° 46' 55" east along the said ex~st~ng right of way for a distance of 575.05 feet to a point, THENCE south 01° 59' 09" west along the said existing right of way l~ne for a distance of 245.74 feet to a point, THENCE north 04° 55' 28" west along the proposed southerly r~ght of way line of proposed Loop 288 for a d~stance of 625.50 feet to a point ~n the north boundary line of sa~d 165.8 acre tract, THENCE south 88° 55' 44" east for a d~stance of 42.04 feet to the place of beginning 2. The C~ty of Denton ~s hereby further authorized to pay Cornelia C. Harris as o~er of sa~d described property, consideration in the amount of $5,809.00 purchase price, plus recording fees. 5. Th~s Resolution shall take effect ~mmed~ately from and after ~ts passage and approval ~n accordance w~th the provisions of the Denton City Charter. PASSED MD APPROVED this the ~<~- daL of ff~~r~, 1980. ~I~H~D 0 STEW~IRT, MA~OR CITY OF DENTON, TEXAS ATTEST/~3 . BP~I2tr~s HOLT, CITY SECRETLY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C J TAYLOR, JR. CITY ATTORNEY CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS MAYOR AND COUNCIL COMMUNICATION DATE SUBJECT August 26, 1980 Real Property Acquisition It lS recommended that the City Council authorize the purchase of real property (as descrlbed below) for the purpose of constructing essentlal public ~mprovements. NAME OF PROJECT: Loop 288 TYPE OF ACQUISITION: General Warranty Deed DESCRIPTION OF LAND/LOCATION: Southwest corner of IH35 and Loop 288 SQUARE FEET: 0 381 of an acre OWNER(S). Cornelia C Harris Negotiations have taken place with the owner and owner has accepted the appraisal of the fair market value, as provzded by the State Department of Highway and Publlc Transporatlon, for an .amount of $3,809 00 The Czty of Denton zs required to pay recordzng fees and the State of Texas wzll pay the remaznder of the closzng costs ACTION NEEDED Approve Resolution purchasing the above described property after reconvenlng into open sesszon. RIGHT OF WAY NEGOTIATOR Next Doc ument RESOLUTION WHEREAS, thls governing body, requested certain individuals to proceed to re-organize and re-establish a non-profit corporation pursuant to the Texas Non-Profit Corporation Act, for the purpose of futherlng educational opportunities of students by provldlng funds for the acquisition of student loans; that such has been accomplished, the corporation being known as the "North Texas Higher Education Authority, Inc."; and WHEREAS, the North Texas Higher Education Authority, Inc., has proceeded in the development of a plan of doing business and it is now appropriate for this governing body to approve the actions taken; now, therefore, BE IT RESOLVED BY TH CITY COUNCIL OF THE CITY OF DENTON, TEXAS' SECTION I. Th~s governing body has been advised by the North Texas Higher Education Authority, Inc., (the "Corporation"), that such Corporation upon approval thereof by the governing bodies of the Cities of Denton and Arlington, Texas, proposes to issue revenue bonds; that such bonds would be ~nltlally issued as "Series B" Bonds in the aggregate principal amount of up to $6,000,000 and "Ser~es C" Bonds in the aggregate principal amount of up to $35,000,000 and that such bonds would be payable from and be secured by a pledge of revenues derived from or by reason of the ownership of student loan notes and investment income after deduction of such expenses for operating the loan program as may be specified by the bond resolution or trust indenture authorizing or securing such bonds and the payment thereof. The Series B Bonds (up to the principal amount of $6,000,000) are issued to obtain funds with which to purchase Student Loan Notes which are guaranteed under the provisions of the Higher Education Act of 1965, as amended, and to establish certain reserves and the Series C Bonds (up to the principal amount of $35,000,000) will be issued for the aforesaid purposes, for the purpose of paying certain expenses and for the purpose of paying off and refundlng the Series B Bonds. If the Series B Bonds are not refunded by the Ser~es C Bonds, then the approval to issue Series C Bonds shall be limited to $29,000,000. SECTION II. This governing body hereby approves the issuance and delivery of such bonds for the purposes aforesaid, and in this connection requests that the said Corporation exercise the powers enumerated and provided in Section 53.47 of the Texas Education Code; that such non-profit corporation shall, in this connection, exercise such powers for and on behalf of the City and the State of Texas, as contemplated by Section 53.47(e) of the Texas Education Code. SECTION III. The City does not agree to assume any responsibility in connection with the admln~strat~on of this student loan program; it being understood this responsibility is being assumed by the Corporation. SECTION IV. It is recognized by this governing body that the instruments which authorize the issuance of bonds by the Corporation will specifically state that this City is not obligated to pay the principal of or interest on the Bonds proposed to be issued by the corporation. Nothing in this resolution shall be construed as an indication by this City that it will pay or provide for the payment of any obligations of the said Corporation whether heretofore or hereafter incurred, and in this connection, attention is called to the Constitution of Texas wherein it is provided that a City may incur no indebtedness without having made provisions for its payment, and this City Council hereby specifically refuses to set aside any present or future funds, assets or money for the payment of any indebtedness or obligation of the Corporation. SECTION V. The prior resolution of this Council approving the issuance of $35,000,000 Series B Bonds is hereby repealed. SECTION VI. This Resolution shall be effective from and after Its passage and approval. N i ~--- ~ PASSED AND APPROVED this the ~ day of , 1980. (~i~S 'HOLT, CITY SECRETARY TY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS THE STATE OF TEXAS S CERTIFICATE OF SECRETARY COUNTY OF DENTON S I, the undersigned, City Secretary of the City of Denton, Texas, DO HEREBY CERTIFY that according to the records of the City of Denton, of which I am custodian, that: 1. The attached Resolution is a true and correct copy of a Resolution adopted by the governAng~ body of~7.th, eC.ltyj~_/ of Denton at a regular meeting on the ~ day of ~---~,~_, 1980. / 2. At such meeting: (a) a quorum of the governing body was present on said date of adoption, in that members of said governing body were in attendance at such meeting when the question of the adoption of the resolution was called for and placed to a vote; and (b) ~ members of said governing body vbted for the adoption of such resolution and ~ ~ ~ members of said governing body voted against its adoption and -- O~ members abstaIned from voting; and (c) the said Resolution was adopted only after a motion was made that the same be adopted and the seconding of such motion; and 3. Prior to such meeting: (a) notice of the time, place, sub3ect and purpose of the meeting had been duly given in the time, form and manner required by the provisions of Section 3A, Article 6252-17, V.A.T.C.S. (b) actual notice of the time, place, subject and purpose of the meeting had been given to each member of the governing body of the City; and 4. The officers and members of the governing body of the City of Denton as of the time of the passage of such Resolution were: Richard O. Stewart, Mayor Richard H. Tallaferro, Mayor Pro-Tem Bud Hensley, Councilman Roland Vela, Councilman Dr. Ray Stephens, Councilman Dwight L. Galley, Councilman Charles Hopkins, Councilman TO CERTIFY WHICH, witness my official slgnatJ~re Dnd the Seal of the City of Denton, this the ~ day of~~__, 1980. RESOLUTION WHEREAS, the C~ty of Denton f~nds ~t necessary to d~spose of a certain tract of land located ~n the C~ty of Denton, Texas, and more fully described below, and WHEREAS, the below described parcel of land was let for bid on August S, 1980 and the h~ghest b~d of F~ve Hundred Twenty-Five and No/100 ($525.00) Dollars was awarded to Morgan Salmon; WHEREAS, the C~ty of Denton and purchaser of sa~d parcel, Morgan Salmon, agree that a consideration of $S2S.00 is a fair and agreed value of such described property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT 1. The C~ty Attorney ~s hereby authorized to prepare whatever legal documents are necessary to complete the transfer of property so described below, Ail that certain lot, tract, or parcel of land lying and being s~tuated in the C~ty and County of Denton, State of Texas, and being part of the R. Beaumont Survey, Abstract No 51, and being part of Lot No. 10, Block 4, of the D. H Fry Addition, an addition to the C~ty/County of Denton, and also being part of a tract of land as conveyed from Noan R. W~ggs and w~fe, Vera A. W~ggs to the City of Denton by deed dated May 10, 1968 and recorded ~n Volume 566, Page 255 of the Deed Records of Denton County, Texas, and more particularly described as follows BEGINNING at the northwest corner of said tract, said point of beginning also lying in the east r~ght of way l~ne of Denlson Street; THENCE east along the north boundary l~ne of said tract, a d~stance of 150.0 feet to a point for a corner, same being the northeast corner of sa~d tract, THENCE south along the east boundary line of sa~d tract a d~stance of 55.0 feet to a point for a corner, THENCE north 88° 05' 27" west a d~stance of 150 08 feet to a point for a corner in the west boundary line of sa~d tract, same being the east right of way l~ne of Den~son Street; THENCE north along the west boundary line of sa~d tract, same being the east r~ght of way line of Den~son Street a d~stance of 50 0 feet to the place of beginning and containing 4874.90 ,square feet of land, more or less PROVIDED further that said property shall be zoned Single-Family "SF-7" District and no curb cuts shall be permitted on Denlson Street or Sherman Drive on the above described tract of land. 2. The C~ty of Denton is hereby further authorized to pay ~ts share of the necessary and reasonable costs of closing 5. This Resolution shall take effect ~mmed~ately from and after Its passage and approval ~n accordance with the provisions of the Denton C~ty Charter. PASSED AND APPROVED this the ~ day of /r-~b~~ , I~Ct-I~RD 0 ./STEW~MFr, MAYO'II" CITY'OF DL~NTON, TEXAS BR~OK~ H~~ SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C J. TAYLOR, JR. CITY ATTORNEY, CITY OF DENTON, TEXAS RESOLUTION WHEREAS, the opening of the Golden Tr langle Mall has created traffic congestion on 1-35, Loop 288 and ~n adjacent residential areas such as Township II Subdlv~s~on; and WHEREAS, more entrances to the Golden Triangle Mall are needed to help eliminate motor vehicle traffic through the ad]olnlng residential areas ~n Township II Subdivision; and W}IEREAS, the City Council f~nds that the ~nstltut~on of two-way traffic on a portion of the east frontage road near the Golden Triangle Mall would help the flow of traffic ~nto and out of the Golden Triangle Mall; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON: The City Council of the City of Denton requests the Texas Department of Highways and Transporat~on to approve two-way traffic on the east Service Road of 1-35 ~n accordance with the plans therefor prepared by the D~rector of Public Works of the City of Denton, a copy of which is attached hereto and made a part hereof. ~ ~)ASSED AND APPROVED thls the ~ day of C , 1980. BR~K~ HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS RESOLUTION WHEREAS, the City of Denton finds it necessary to transfer and dispose of a certain tract of land owned by the City of Denton, Texas, to the United States of America (U. S. Army Corp of Engineers) for the Aubrey Reservoir Project and more fully described below; and WHEREAS, the below described parcel of land was purchased September 3, 1980 from Roy D. Houghton (Veterans Land Board) for Forty-Five Thousand and No/100 ($45,000.00) Dollars for the Aubrey,Reservoir Pro3ect; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: 1. The City Attorney is hereby authorized to prepare whatever legal documents are necessary to complete the transfer and disposal of the property so described below; All that certain tract of land situated in the County of Denton, State of Texas, being part of the Thompson Survey (A-1238), and being substantially the same land under contract of sale from the Veterans Land Board of Texas to Roy D. HoughtOn dated August 15, 1969 and recorded in Volume 589, Page 527 of the Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at the corner common to the Roy D. Houghton, et al and Lee R. Allison properties situated in the center line of a road same being the common line between said Thompson Survey and the C. M. West Survey (A-1361) and a south boundary line for the A. E. Sadua property, said point of beginning also being the northwest corner for a 199.41 acre tract conveyed to D. Sparkman by Garland Warren by deed dated March 17, 1965 and recorded in Volume 520 at Page 693 of the Deed Records of Denton County, Texas; THENCE along the center line for said road, same being the common line between said Houghton property on the right and said Sadua property and the Avis I. McKenney, et al, properties on the left, and the common line between said Thompson Survey on the right and said West Survey and the B.B.B. & C.R.R. Company Survey (A-140) on the left, south 87© 59' east, 672.80 feet to a point for the corner common to said Houghton and the Mable E. Sparkman, et al properties; THENCE along the common line between said Houghton and Sparkman properties south 02© 42' west 1322.60 feet to a 2-inch iron pipe for the corner common to said Houghton and Sparkman properties, situated in the north boundary line for the J. Curtis, Jr. property; THENCE along the common line between said Houghton and Curtis properties, north 87© 32' west, 672.80 feet to a 2-inch iron pipe for the corner common to said Houghton and Curtis properties, situated in the eastermost boundary line for said Allison property; THENCE along the common line between sa~d Houghton and Allison properties north 02° 42' east 1317.30 feet to the point of beginning, containing 20.387 acres, more or less, of which 0.387 acre is within said road. 2. The City of Denton w~ll not incur any expense ~n the closing of this transaction. 5. The Mayor of the C~ty of Denton ~s authorized to execute a General Warranty Deed conveying the property described here~n to the Un,ted States of Amer¢ca and ~s further authorized to del~ver the Deed to the appropriate authorities of the Un~ted States Army Corp of Engineers. 4. Th~s Resolution shall take effect ~mmed~ately from and after ets passage and approval. 1980. ~C~ O~ STEP. T, ~YOR V CIT~ OF DENTON, T~XAS CITY OF DENTON, TEXAS APPROV]~D AS TO LEGAL FORM C. J. TAYLOR, JR. CITY ATTORNEY, CITY OF DENTON, TEXAS ~~ ", ~} --~: __. _ ` `; - -. R E S O L U T I O N - --- WHEREAS, the City of Denton finds it necessary to purchase-, ~-- a certain tract.of land. located in the City of Denton, Texas, and more fully described below;-and _ ~ .- _ > WHEREAS, the City Council of the City of Denton is of~ the _ _opinion_that~the~best`.interes,t_,,an,d.,,,welfare,,,_of~theYpublfc~~will:; be served by the purchase of the .parcel of real estate described below; and WHEREAS, the City of Denton and owner of said parcel, David-. Mulkey, agree that a consideration of $6;435.00 is a fair- and agreed value of such described property; NOW; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: 1. The City Attorney is hereby authorized to prepare whatever legal. documents are necessary to complete the transfer of property so described below from the owner thereof to 'the City of Denton: TRACT II. All .that certain 0.561 acre tract or parcel of land situated in the- J. Brock Survey, Abstract No. 15, Denton _ •County, Texas; said tract being tract occupied on the ground as - staked by the City of Denton, Texas; and being more particularly described as follows: _ _~B E,G.I:N N.LN G~fo.r_.:.t.h e4n.o.r_t.h e.as.t:.~c.o.r_n e.r..;..o.f_,.,t.h e...t.r_a c.t~.b.e.i.n,g~.d es c:r_i ti e da_.....,.. ; herein.at a point south 89° 49'-40" west 54.7 feet and south 20° 55' 20" west 302.1 feet from the northeast corner of an 18.02 acre tract deeded to David Mulkey. on November 11, 1952; THENCE south' 20°. 55' 20" west 53.5 feet to a point for a ~ corner; THENCE north 890 52' 50" west 29.3 feet to the beginning of a curve to the left whose radius is 450._0 feet; THENCE with said curve -whose central angle is 31° 06' 50" -a -length of~244.36.feet to_the-end of_said.curve; THENCE south 59° 00' 20" west 47.9 feet to the beginning of a curve to the right whose radius is 625.0 feet; THENCE with said curve whose central angle is 6° 33' 30" a ~~ `length of 71.53 feet to a point on the north right of way of Paisley Street; _ THENCE-south ~88°-51' 30" went with the north right of way .of -- ~sai~ street-x-14-2-fee~to a point for =a-corner; - --- -v, - ,- TH~NCE in a northeasterly direction with a curve, to the left, whose radius is 575.0 feet and a central angle is 26° 34' a .~dist.ance of 266.6 feet to the end of said curve; THENCE north 590 00'20" east 47.9 feet to the. beginning of a curve to the right whose radius is 500..0 feet and cen-fray angle ' is 31° 06' 50" a length of .271..52 feet ,to the end. of~ said curve; THENCE south 89° 52' 50" east 48.3 ;feet to' the point of beginning. _ : `. TRACTSII-. All that certain 0.601 acre tract or parcel of Land sitsit ated 'in the J. Brock Survey,_Abstr-act- Mo. 15, .Denton' County; Texas;. said tract being part of an' 18.02 acre .tract-, shown by-deed. to David Mulkey dated November 11, 1.952 and being. .more parti"cularly described as follows:" - . - _ BEGINNING 'for the northeast-corner of the tract- being described' __ herein, south. 89° 49' 40" west 54:7 feet, and: south 20° 55' ... :: -20"-^west•~3~55-6~-f+eet-`from the-n ort~heast~corner--of-°an°1.8:-02~acre,~-,=-~-~~ ~~° THENCE- south 20° 55' 20" west 123.9 feet. to a point for-, a corner;' - ' THENCE south. 88° 51' 30" west 322.2 feet to a point. for.,.a - - - cor`ner.5 THENCE in a northeasterly direction with a. curve to. the left--- - whose radius is 625.0 feet and central angle is 6° 33'30" a distance of 71.53 feet to the end of said curve; THENCE north 59° 00' 20" east 47.9 feet- to the beginning of., a curve,to` the right; THENCE with- said curve whose radius -is 450.0 ..feet and:-centra9, - ~ • angle. is 3.1° 06' 50" a distance of 244.36feet to the send of-` ` ..said curve> ". - THENCE south 89° ~52' '.50" 'east ."29.3 feet to .the point -of . .. ~ ~ - - ,beginning; ~. 2"'"'~Tfi'e-'C~i'ty"'of-~-Dentom-•i-s~hereby~fur~ther-author-i-red-~to spay= - -.~-=~--- - David~Mulkey as owner of said described property, consideration ' in the amount of $6,435.00 `purchase. price, .plus any-other necessary .and reasonable costs of closing. _ _ 3. This Resolution shall take effect immediately from and after its passage and approval. in accordance -with the ~prov.isions of the Denton City Charter.- - ~3 - • - PASSED ANl).APPROVED this the day of ~_. T980.', ..~ I HARD 0. STEW R MAYOR ~;_~~ t_t~ CI1\~' OF DE~TON, TEXAS G.. ~~ ~. ` ~ATTES;T• _ - B„ S~'HOL'T, CITY SECRETARY CITY-`~OF DENTON, TEXAS APPROVED AS TO LEGAL-FORM.: - - ' C. J.. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS - BY:~ - .~ ._ . , ~ _. _ --~- . , ., .. • _,..., ~~. ~"~ ~-. SALES CONTRACT THE STATE OF TEXAS X BY THIS AGREEMENT AND CONTFACT: COWTY OF DENTON X _ _ - David Mulke The purchase price is S~ 435-00 , payable at closing. Purchaser agrees to furnish a Title Insurance Policy to said property, which shall be conveyed -free and clear of any and all en- cumbrances. hereinaf€er-3ca-l-led-Se•1•ler-,-acting....through_the..undersigned,.andgduly. ~ _- authorized Agent, hereby sells and agrees to convey unto the City .of Denton, Texas, a Municipal Corporation, hereinafter called Pur- chaser, the described property lying and being situated in the City and County of Denton, State of Texas, and more particularly described by metes and bounds in Exhibit "A" attached hereto and made a part hereof. If any title objections are made, then the Seller or his Agent. shall have a reasonable time to cure said objections and show good . and marketable title. ". Seller agrees. when the title objections have been cured, to deliver a good and sufficient General Slarranty Deed properly con- veying said property to said Purchaser. . Taxes for the current year are to be prorated to the date of closing. The purchase of- said property is subject to the approval of. .the City Council of the City of Denton, Texas. Executed in tri licate-this the ~ '- °~='=- P 27 day- of /~-t~;G~t{,S °- , ~~ A'. D. 19$x. CITY OF D~NTON, TEXAS, PURCHASER BY - - t SELLER ~. DAVID MULKEY - - ~EXHI+g IT "A" TRACT I. All that certain 0.561 acre tract or parcel of land situated in the J. Brock Survey, Abstract No. 15, Denton' County, Texas; said tract being tract occupied on the ground as staked by the City of Denton, ,Texas; and being more particularly described as follows: BEGINNING for the northeast corner of the tract being described . herein at a point. south 89° 49' 40" west 54.7 feet and south 20° 55' 20" west 302.1 feet from the northeast corner of an 18.02 acre tract deeded to David Mulkey on November 11, 1952; THENCE south 20° 55' 20" west 53.5 feet, to a point for a corner; THENCE north 89° 52' S0" west 29.3 feet to the beginning of a .~p..--_-_.-~.curv.e.~to~the~lef,t~whosesr,adius_i.s 4,50,.~O.,~feet;~~ ~ _ THENCE with said curve whose -central angle is 31°-06' S0" a length .of 244.36 feet to the end of said curve; THENCE south 59° 00' 20" west 47:9 feet to the beginning of ~ a curve.to the right. whose radius is 625.0 feet; - THENCE with said curve whose central angle is 6° 33' 30" a length of 71.53 feet to a point on the north .right of way of • Paisley Street; THENCE south 88° 51' 30" west with the north right of way of said street 214.2 feet to a point for a corner; THENCE in a northeasterly direction with a curve, to the left, - . whose radius is 575.0 feet and a central angle is 26° 34' a .distance of 266.6 feet to the end of said curve; THENCE north 59° 00' 20" east 47.9 feet to the beginning of a curve to the righi whose radius is 500.0 feet and central angle is 31° 06' S0" a,length of 271.52 feet to the end of said ` . curve; - THENCE south. 89° 52' S0" east 48.3. feet to the point of . beginning. TRACT II. All that certain 0.601 acre tract or parcel of land situatecT in the J. Brock. Survey, Abstract. No.. 15, Denton County, Texas; said. tract being part of an 18.02 acre tract shown by deed to David Mulkey dated November 11, 1952 and being. more particularly described as follows:' BEGINNING-fors the,.northeast corner of the tract being described .~ - herein south 89° 49' 40" west 54.7 feet and south 20° 55' - 20" west.-355.6 feet from the northeast corner of an 18.02 acre; THENCE 'south 20° 55' 20" west 123.9 feet to a point for a - corner;. - THENCE south 88° .51' 30" west 322.2 feet to a point for a corner; , -_ -- THENCE_in__.a;nor_theas.terly_.dir,ecii.on;.wi h__a__cur_ve-,to__the~lef.t~_ _. __ _~ - ~. whose radius .is 625.-0 feef and central angle is' 6° 33' 30" a distance of-71.53 THENCE north 59° curve to the righ THENCE with .said angle is 31° 06' said curve; feet to the end of said curve; 00' 20" east 47.9 feet to the beginning of a t; curve whose radius is 450.0 feet and central 50" a distance of 244.36 feet to the end of THENCE south 89° 52' S0" east 29'.3 feet to the point of beginning; RESOLUTION WHEREAS, the City of Denton finds it necessary to purchase a certain tract of land located in the C~t% of Denton, Texas, and more flully described below; and WHEREAS, the City Council of the C~ty of Denton ~s of the opinion that the best interest and welfare of the public w~ll be served by the purchase of the parcel oK real estate described below, and ,~ ~ ~ .~ ~ ~ WHEREAS, the C~ty of Denton and owner of said parcel, David Mulkey, agree that a consideration of $6,435.00 is a fair and agreed value of such described property, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF D~NTON, TEXAS, THAT. 1. The C~ty Attorney ~s hereby authorized to prepare whatever legal documents are necessary to complete the transfer of property so described below from the owner thereof to the C~ty of Denton: TRACT II. All that certain 0.561 acre tract or parcel o~ land situated in the J. Brock Survey, Abstract No. ~5, Denton County, Texas; said tract being tract occupied on the ground as staked by the C~ty of Denton, Texas, and being more particularly described as follows BEGINNING for the northeast corner of the trait being described here~n at a point south 89o 49' 40" west 54.7 ~eet and ~outh 20o 55' 20" west 302.1 feet from the northeast corner of an 18.02 acre tract deeded to David Mulkey on November 11, 1952, THENCE south 20o 55' 20" west 53.5 feet to a point for a corner~ THENCE north 890 52' 50" west 29.3 feet to the beginning of a curve to the left whose radius ~s 450.0 feet, THENCE wi.th sa~d curve whose central angle ~s 31o 06' 50" a length of 244.36 feet to the end of sa~d curve, THENCE south 59o O0~ 20" west 47.9 feet to the beginning of a curve to the r~ght whose radius ~s 625.0 feet, THENCE with sa~d curve whose central angle Is 6o 33' 30" a length of 71.53 feet to a point on the north right of way of Paisley Street; THENCE south 88o 51' 30" west w~th the north r~ght of way of said street 214.2 feet to a point for ~ corner, THENCE ~n. a northeasterly direction w~th a curve, to the left, whose radius Is 575.0 feet and a central angle ~s 26o 34' a d~stance of 266 6 feet to the end of said curve, THENCE north 59o 00' 20" east 47.9 feet to the beginning of a curve to the right whose radius is 500.0 feet and central angle is 31° OB' 50" a length of 271.52 feet to the end of said curve~ THENCE south 89o 52' 50" east 48.3 feet to the point of beginning. vo 10 9 TRACT III. All that certain 0.601 acre tract or parcel of land ~ituated in the J. Brock Survey, Abstract No. 5~ Denton County, Texas, said tract being part of an 18.02 acre tract shown by deed to David Mutkey dated November 11, 1957 and being more particularly described as follows BEGINNING for the northeast corner of the tract being described here~n south 89o 49' 40" west 54.7 feet and south 200 55' 20" west 355.6 feet from the northeast corner of an 18.02 acre, THENCE south 20o 55' 20" west 123 9 feet to a point for a corner, THENCE south 88o 51' 30" west 322.2 feet to a point for a corner, THENCE ~n a northeasterly direction w~th a curve to the left whose radius is 625.0 feet and central angle ~s 6o 33' 30" a d~stance of 71.53 feet to the end of said curve, THENCE north 59o 00' 20" east 47.9 feet to the beginning of a curve to the right; THENCE w~th said curve whose radius ~s 450.0 feet and central angle ~s 31° 06' 50" a d~stance of 244.36 feet to the end of sa~d curve; THENCE so~uth 89o 52' 50" east 29.3 feet to the point of beginner§; 2. The C~ty of Denton ~s hereby further authorized to pay David Mulkey as owner of sa~d described property, consideration in the amount of $6,435.00 purchase price, plus any other necessary and reasonable costs of closing. 3. This Resolution shall take effect ~mmed~ately from and after ~ts passage and approval ~n accordance w~th the provisions of the Denton C~ty Charter. PASSED AND APPROVED this the ~ay of , 1980 ~I~HARD O.zSTEWAR~, MAYuR CI~ OF DE~TON, TEXAS ATTEST~ 6q~OiG~qS HO~T, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM' C. J TAY,LOR, JR., CITY ATTORNEY CITY OF D, ENTON, TEXAS -. . ''_ - THE STATE OF-TEXAS § - ~ KNOW ALL MEN BY THESE PRESENTS: ":- COUNTY OF DENTON.§ ' - - - This- :agreement entered into this the Z 7 day ~'of uS 1980, by and between .the City of Denton, - Texas,. a, Home Rule Municipal Corporation, hereafter called ' ".CITY"-and-.David Mulkey, hereafter called "OWNER". :c-:~- ~ <- _ w - - -_....r~-- -_ _ ..._ r ~ _ .. -_ This .agreement is to delineate the rights of the CITY in - - --`s.the~ real'. properties .shown as Tracts 2 -and 3 on Exhibit A ` 'attached hereto and made apart hereof: - -. (1) To:faciTitate the immediate commencement and subsequent completion- of construction' of ja CITY PROJECT known as, •Paisley ~, Paving=:a nd'Drainage' Improvements;~~ OWNER'shall.:' - a...Allow a., contractor.(s) selected by the CITY , - ;immediate~~and continued access to Tract 1, - - , during construction, and' to Tracts 2 acid 3. - .- ~b. Allow actual construction of the aforementioned - ' - CITY PROJECT ,to--immediately commence and" - _ _ continue until-completed on Tracts 2 and.3.- - - =~c:~--Agrees-~-that<.-.the~CITY.-,_has,~the~legal,,._r,,ght`- tq; _ __ acquire Tracts 2 and 3 at an agreed upon price.. 1c between CITY and OWNER; for the purpose. of .-constructing the CITY PROJECT. ' - ~ (2). Because of the potential damages to the 'future development of -Tract 1, and because 'of temporary CITY access. requirements to Tracts 2 and.3 through Tract 1, the CITY shall: . 'a.-.Pay a lump sum of $2,000 to the OWNER .prior to the-initiation of construction, and the cost.of .' any and :all tap fees required to be paid by ' OWNER for tapping said. water line. `. b. Install a six (6") inch water..-line and .connection ~ at the southeast corner, ' approximately 430 feet to a~point 120 feet east - ' of the southwest corner of owners property. ' -- --_~:~`.4.;-~, L.-..Said .-property is to be used .for - -- residentialdevelopment'only. ------- 2. The 'six (6") inch water line and _ connection is to be paid for out of - Community Development. Block Grant - - Funds. It is,specifically agreed that' ' - Owner, his heirs and assigns, will not • be charged-`or assessed any' amount by ~ . `.CITY. -when OWNER or his heirs or - assigns. tie on to' the said lie. c. Restore Tract 1 to its state of condition prior - ~to.construction_ , ::j%: ' AGREEMENT-DAVID MULKEY-PAGE 1 -- r_.- . y. ~~ .~ d. Proceed to acquire ownership of Tracts 2 and 3 in a timely manner in accordance with the agreement of the parties, and - .. e. Notify OWNER of the completion of CITY PROJECT. IN WITNESS WHEREOF, the CITY and OWNER have executed this ' ' agreement as of the date first above written. -CITY OF DENTON, TEXAS ,~~~ ~ '~- ~ - CHRIS~HARTUNG • -`~= CITY MANAGER ~- :c • ~ ~ , i i DAVID MULKEY, • OWNER G''~ i f AGREEMENT-DAVID MULKEY-PAGE ~' _ _ - /, CITY OF DENTON, TEXAS .~ _ .:, ~ i ~SOLUTION WHEREAS, the application of the City of Denton for a grant for the purpose of estimating consumer load characteristics of electrlc customers in the City of Denton has been approved by the Department of Energy, Economic Research Administration, ~n the sum of $71,336.00; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. Will~ H ~Na~ be and he ~s hereby authorized and d~rected to execute for and on behalf of the C~ty of Denton, Texas, all grant agreements and necessary documents in order for the City of Denton to receive the grant ~n the sum of $71,336.00 for a study of consumer load characteristics of electrical customers in the C~ty of Denton, Texas. SECTION II. Thls Resolutlon shall become effective from and after its date of passage. ~_~ ~--%/ PASSED MD APPRO~D this the ~ day of , 1980. MAYOR PRO-TEM CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. The Mayor Pro-Tem be, and he is hereby authorized and directed to execute on behalf of the City of Denton a pipeline license agreement dated October 1, 1980, between the Missouri-Kansas-Texas Railroad Company and the City of Denton, Texas (File T-18753, Engineering Drawing B-4604, dated March 23, 1980, revised September 19, 1980). SECTION II. The C~ty of Denton shall be reimbursed for all costs of this agreement by the developer of the adjoining property. SECTION III. Th~s resolution shall become effective from and after its date of passage. 3~ ~----~ PASSED AND APPROVED this the ~__ day of , 1980. MAYOR PRO-TEM CITY OF DENTON, TEXAS ATTEST: CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS RESOLUTION WHEREAS, the City of Denton finds ~t necessary to purchase a certain tract,of land located ~n the City of Denton, Texas, and more fully described below, and WHEREAS, the City Council of the City of Denton is of the opinion that the best interest and welfare of the public w~ll be served by the purchase of the parcel of real estate described below; and WHEREAS, the City of Denton and owner of said parcel, David Mulkey, agree that a consideration of $6,435.00 is a fair and agreed value of such described property, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT- 1. The City Attorney is hereby authorized to prepare whatever legal documents are necessary to complete the transfer of property so described below from the owner thereof to the C~ty of Denton TRACTZI. All that certain 0.561 acre tract or parcel of land s~tuated in the J. Brock Survey, Abstract No. 15, Denton County, Texas, said tract being tract occupied on the ground as staked by the City of Denton, Texas, and being more particularly described as follows' BEGINNING for the northeast corner of the tract being described here~n at a point south 89o 49' 40" west 54.7 feet and south 20o 65' 20" west 302 1 feet from the northeast corner of an 18.02 acre tract deeded to David Mulkey on November 11, 1952, THENCE south 20o 55' 20" west 53.5 feet to a point for a corner, THENCE north 890 52' 50" west 29.3 feet to the beginning of a curve to the left whose radius is 450.0 feet, THENCE with said curve whose central angle ~s 31o 06' 50" a length of 244.36 feet to the end of said curve, THENCE south 59o 00' 20" west 47.9 feet to the beginning of a curve to the right whose radius is 625.0 feet, THENCE with sa~d curve whose central angle is 6o 33' 30" a length of 71.53 feet to a point on the north right of way of Paisley Street, THENCE south 88o 51' 30" west w~th the north right of way of sa~d street 214.2 feet to a point for a corner, THENCE ~n a northeasterly d~rectlon with a curve, to the left, whose radius ~s 575.0 feet and a central angle ~s 26o 34' a d~stance of 266.6 feet to the end of said curve, THENCE north 59o 00' 20" east 47.9 feet to the beginning of a curve to the right whose radius is 500.0 feet and central angle is 31o 06' 50" a length of 271 52 feet to the end of said curve, THENCE south 89o 52' 50" east 48.3 feet to the point of beginning. ~. All that certain 0.601 acre tract or parcel of land in the J. Brock Survey, Abstract No 15, Denton County, Texas; said tract being part of an 18.02 acre tract shown by deed to David Mulkey dated November 11, 1952 and being more particularly described as follows BEGINNING for the northeast corner of the tract being described herein south 89o 49' 40" west 54.7 feet and south 200 55' 20" west 355.6 feet from the northeast corner of an 18 02 acre, THENCE south 20o 55' 20" west 123.9 feet to a point for a corner, THENCE south 88o 51' 30" west 322.2 feet to a point for a corner, THENCE in a northeasterly d~rectlon w~th a curve to the left whose radius is 625.0 feet and central angle ~s 6o 33' 30" a distance of 71.53 feet to the end of sa~d curve, THENCE north 59o 00' 20" east 47.9 feet to the beginning of a curve to the right, THENCE with sa~d curve whose radius ~s 450.0 feet and central angle is 31o 06' 50" a distance of 244.36 feet to the end of said curve, THENCE south 89o 52' 50" east 29.3 feet to the point of beginning; 2 The City of Denton ~s hereby further authorized to pay David Mulkey as owner of said described property, consideration in the amount of $6,435.00 purchase price, plus any other necessary and reasonable costs of closing. 3. Th~s Resolution shall take effect ~mmedlately from and after its passage and approval in accordance with the provisions of the Denton City Charter.~ ~ PASSED AND APPROVED this the ~ day of , 1980 CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM' C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS RESOLUTION WHEREAS, the City of Denton, Texas is desirous of executing a license agreement with the Missouri-Kansas-Texas Railroad Company relating to one aerial electrical transmission l~ne containing a maximum of 13.2 KV crossing the railroad tracks at M~le Post K-723.33; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That the Mayor of the City of Denton, Texas, is hereby authorized to sign on behalf of the City of Denton a license agreement w~th the M~ssour~-Kansas-Texas Railroad Company for one aerial electrical transmission l~ne containing a maximum of 13.2 KV crossxng Mile Post K-723.33 at Railroad Company's Denton Subd~v~slon, Denton County, Texas. Sa~d l~cense agreement is attached hereto and made a part hereof. PASSED AND APPROVED this the ~day of ~ , 1980. ATTEST: }{OLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS RESOLUT I ON BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. The Mayor is hereby authorized and directed to execute on behalf of the C~ty of Denton a Correction Quit Clalm deed from the C~ty of Denton to Folsom Investments, Inc. quit cla~mlng all rlghts of the City of Denton in an easement described in said Correction Quit Claim Deed, a copy of sa~d Correction Quit Claim Deed being attached hereto and made a part hereof for all purposes. SECTION II. This Resolution shall be effected from and after ~ts passage and approval.//~ ~ ~ _T~,_ PASSED AND APPROVED this the /k-- day of~ , 1980. ATTEST: CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLORv JR., CITY ATTORNEY CITY OF DENTON, TEXAS QUIT CLAIM CORRECTION DEED THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON That the City of Denton, Texas, a Municipal Corporation of the County of Denton, and State of Texas, for and in confide- ration of the sum of Ten ($10.00) Dollars to it in hand paid by Folsom Investments, Inc. of the County of Denton and State of Texas, the receipt of which ~s hereby acknowledged, do, by these presents, bargain, sell, release, and forever qu][c]alm unto the sald Folsom Investments, Inc. its successors and assigns, all its right, title and interest in and to that certain tract or parcel of land lying and being situated ~n the County of Denton and State of Texas, described as follows to-wit: All that certain lot, tract or parcel of ]and lying and being situated in the City and County of Denton, Stat~ of Texas, and being part of the R. Beaumont Survey, Abstract No. 31, and being part of a tract of land conveyed by Jack Sk~les to Crawford Building Corporation by Deed as recorded in Volume 374, Page 191 of the Deed Records of Denton County, Texas, a~d more particularly described as follows: BEGINNING at a point in the south boundary l~ne of said t~act, said point of beginnlng lying in the north right of way line of State H~ghway 24 and being 236.0 feet east of the southwest corner of said tract; THENCE north 34° 14' west, passing at ]07.0 feet the northeast corner of a bulldlng and continuing north 32° 14' west a total distance of 111.0 feet to a polnt for a corner, THENCE south 79° 26' west 4.0 feet north of and parallel with the north wall of sa~d building, a distance of 57.0 feet to a point for a corner; THENCE north 10° 34' west a distance of 16.0 feet to a point for a corner; THENCE north 79° 26' east 20.0 feet north of and parallel with the north wall of sald building, a d~stance of 73.0 feet to a point for a corner; THENCE south 32° 14' east a d~stance of 127.0 feet to a point for a corner in the south boundary line of said Craw~ord Building Corporation tract, said line also being the Porth right of way line of State H~ghway 24; THENCE south 71° 01' west along the south boundary line of sa~d boundary line of said Crawford Building Corporation tract, same being the north right of way line of State Highway ~4, a d~stance of 16.0 feet to the place of beginning and containing 2,944.0 square feet of land, more or less. TO HAVE AND TO HOLD the said premises, together with all and singular the rights, pr ivlleges and appurtenances thereto in any manner belonging unto the said Folsom Investments, Inc. its successors and assigns, forever, so that neither the sa~d C~ty of Denton, Texas, or its successors or assigns, or any person or persons cla~mlng under it shall, at any time hereafter, have, claim or demand any right or t~tle to the aforesaid premises or appurtenances, or any part thereof. Thls Quit Claim Deed is made in place of and as a Quit Claim Deed of Correct,on of a Quit Claim Deed executed by Grantor herein to Folsom Investments, Inc., Grantee, dated october 23, 1979 and recorded in Volume 983, Page 808 of the Deed Records of Denton County, Texas, wherein by error or mistake the Grantee was designated as Folsom Enterprises, Inc., · nstead of Folsom Investments, Inc. and this ~nstrument is made by Grantor and accepted by Grantee in order to correct said error or mistake, and in all other respects confirming said former Quit Claim Deed. Witness our hand at Denton, Texas, this the 16th day of Septembe£, 1980. CHARD TALI~ERRO MAYOR PRO T~M CITY OF DENTON, TEXAS ATTEST: BR~)~S HOLT, CITY SECRETARY CITY OF DENTON, TEXAS THE STATE OF TEXAS ~ COUNTY OF DENTON ~ BEFORE ME, the undersigned authority In and for said County, Texas, on thls day personally appeared Richard Tallaferro, Mayor Pro-Tem, of the City of Denton, Texas, known to me to be the person and officer whose name is subscrlbed to the foregolng Instrument, and acknowledged to me that the same was the act of the said City Council of the City of Denton, Texas, a Munlclpal Corporation, and that he executed the same for the purposes and consideration thereln expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This the 16th day of September, 1980. NOTARY PUBLI~ IN AND FOR DENTON COUNTY, TEXAS My Commission expires: ~-2 ~ RESOLUTION WHEREAS, the City of Denton finds ~t necessary to purchase a certain tract of land located ~n the C~ty of Denton, Texas, and more fully described below; and WHEREAS, the C~ty Council of the C~ty of Denton ~s of the opinion that the best interest and welfare of the public will be served by the purchase of the parcel of real estate described below; and WHEREAS, the Clty of Denton and owner of said parcel, Fred H. Peterson and Sam H. Peterson agree that a consideration of $13,900.00 is a fair and agreed value of such described property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT= 1. The C1ty Attorney is hereby authorized to prepare whatever legal documents are necessary to complete the transfer of property so described below from the owner thereof to the State of Texas: Being 17,377 square feet of land, more or less, situated in the R. B. Longbottom Survey, Abstract No. 775, Denton County, Texas, and being out of and a part of a 1.159 acre tract of land, more or less, conveyed to Fred H. Peterson, Jr. and Sam H. Peterson by deed dated December 20, 1978 and recorded in Volume 929, Page 553, Deed Records of said County; said 17,377 square feet of land being more particularly described by metes and bounds as follows: COMMENCING at the northwest corner of sa~d Peterson 1.159 acre tract; THENCE south 88© 48' 46" east a distance of 504.62 feet to a point for a corner in the west rlght of way line of S.H. Loop 288 and the point of beginning; THENCE south 00° 47' 48" west along the existing right of way l~ne of S.H. Loop 288 a d~stance of 100.0 feet to a point for a corner; THENCE north 88° 48' 42" west along the south line of said Peterson tract a distance of 169.48 feet to a point for a corner; THENCE north 09° 16' 33" west along the new r~ght of way l~ne of S. H. Loop 288 a distance of 31.57 feet to a point for a corner; THENCE north 01© 40' 41" east a distance of 68.95 feet to a point for a corner ~n the north line of sa~d Peterson tract, THENCE south 88° 48' 46" east along the north line of said Peterson tract a distance of 173.94 feet to the point of beg~nning. 2. The City of Denton ls hereby further authorized to pay Fred Ho Peterson and Sam H. Peterson as owner of said described property, consideration in the amount of $13,900.00 purchase price, plus necessary and reasonable recording fees. 3. Thls Resolution shall take effect ~mmed~ately from and after ~ts passage and approval ~n accordance with the provisions of the Denton City Charter. 1980. V R~HARD ~AL~R~O- - MAYOR PRO-TEM CITY OF DENTON, TEXAS ATTEST: CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM.' C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS CITY OF DENTON MAYOR ~ CITY COUNCIL COMMUNICATION DATE September 23, 1980 SUBJECT' Real Property Acqms~t~on It ~s recommended that the Cxty Council authorize the purchase of real property (as described below) for the purpose of constructing essential public improvements. NAME OF PROJECT: Loop 288 TYPE OF ACQUISITION: General Warranty Deed DESCRIPTION OF LAND/LOCATION. US 380 and Loop 288 (South of the S W C ) SQUARE FEET/~m~' 17,377 OWNER(S) Fred H Peterson & Sam H Peterson Negotiations have taken place w~th the owner(s) and owner(s) have accepted the appraisal of the fair market value, as prowded by the State Department of H~ghway and Public Transportation, for an amount of $ 13,900 O0 The City of Denton is reqmred to recording fees and the State of Texas will pay the remaxnder~a~the closing costs. ACTION NEEDED' Approve Resolution purchasing the above described property after reconvenlng into open sesslon. Roge~-~ W~lk~nson - Right of Way NegotIator RESOLUT I ON WHEREAS, the City of Denton finds it necessary to purchase a certain tract of land located in the City of Denton, Texas, and more fully described below; and WHEREAS, the City Council of the City of Denton is of the opinion that the best interest and welfare of the public will be served by the purchase of the parcel of real estate described below; and WHEREAS, the City of Denton and owner of said parcel, Fred H. Peterson and wife, Alice H. Peterson agree that a consideration of $47,996.00 is a fair and agreed value of such described property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: 1. The City Attorney is hereby authorized to prepare whatever legal documents are necessary to complete the transfer of property so described below from the owner thereof to the State of Texas. Belng 23,326 square feet of land, more or less, out of and part of a 1.570 acre tract ~n the R. B. Longbottom Survey, Abstract No. 775, that was conveyed by deed from Ralph W. Hlgglns and wlfe, Marie M. H~gg~ns to Fred H. Peterson and wife, Alice H. Peterson dated February 15, 1978 recorded in Volume 875, Page 579, Deed Records of Denton County, Texas; said 23,326 square feet of land, more or less, being more particularly described by metes and bounds as follows: BEGINNING at the point of intersection of the proposed west right of way line of Loop 288 with the south boundary line of said 1.570 acre tract, said point being south 88© 48' 46" east a distance of 330.68 feet from southewst corner thereof; THENCE north 01© 40' 41" east along the sa~d proposed right of way line for a distance of 135.24 feet to a point in the north boundary line of sald 1.570 acre tract; THENCE south 88© 35' 12" east along said boundary line for a distance of 171.87 feet to a point in the existing west right of way llne of Loop 288; THENCE south 00© 47' 48" west along the said existing right of way line for a distance of 134.56 feet to a point in the south boundary line of said 1.570 acre tract; THENCE north 88© 48' 46" west with sa~d boundary line for a d~stance of 173.94 feet to the place of beginning. 2. The City of Denton is hereby further authorized to pay Fred H. Peterson and wife, Alice H. Peterson as owner of sa~d described property, conslderatlon ~n the amount of $47,996.00 purchase price, plus necessary and reasonable recording fees. 3. This Resolution shall take effect immediately from and after its passage and approval ~n accordance with the provisions of the Denton City Charter. PASSED AND APPROVED this the ~ day of ~4~__, 1980. CITY OF DENTON, TEXAS ATTEST: CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS RESOLUTION WHEREAS, the City of Denton finds it necessary to purchase a certain tract of land located in the City of Denton, Texas, / CITY OF DENTON MAYOR ~ CITY COUNCIL COMMUNICATION DATE' September 23, 1980 SUBJEC"' Real Property Acquisition It is recommended that the City Council authorize the purchase of re.~l property (as described below) for the purpose of constricting essential publ,c improvements. NAME 0 PROJECT: Loop 288 TYPE 0 ACQUISITION. General Warranty Deed D~SCRI~TION OF LAND/LOCATION: US 380 8~ Loop 288 (South of the S W C ) SQUARE FEET/;IC~ 23,326 0WNER(~}: Fred H Peterson and wife, Alice H Peterson Negotiations have taken ~lace with the owner(s) and owner(s) have tccepted the appraisal of the fair market value, as prowd~d by the State Department of H~ghway and Public Transp ,rtatlon, for an amount of $47,996 O0 The Cfty of Denton is reqmred to pay recording fees and the State ~f Texas w~ll pay the remainder of the closing costs. ACTION N~DBD: Approve Resolution ~urchaslng the above described property after reconven~ng into open session. Rog@r W Wzlk~nson R~ght of Way Negotiator PASSED AND APPROVED this the~_~L day of~, 1980. CITY OF DENTON, TEXAS BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM.' C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS CITY OF DENTON MAYOR ~ CITY COUNCIL COMMUNICATION DATE. September 23, 1980 SUBJECT: Real Property Acquisition It is recommended that the City Counc~l~authorlze the purchase of real property (as described below} for the purpose of constructing essential public improvements. NAME OF PROJBCT' Loop 288 TYPE OF ACQUISITION: General Warranty Deed DESCRIPTION OF LAND/LOCATION: Northeast corner of K~ngs Row & Loop 288 399 OWNER(S): Dora Lee Reese Negot~:atlons have taken place with the owner(s) and owner(s) have ,accepted the appraisal of the fair market value, as provided by the State Department of Highway and Public Transplortat~on, for an amount of $2~400 O0 The City of Denton is required topay recording fees and the State ,of Texas will pay the remainder of closing the costs. ACTION NEEDED' Approve Resolution purchasing the above described property after reconvenlng into open SeSsion. W~lk~nson R~ght of Way Negotiator RESOLUTION WHEREAS, the City of Denton finds it necessary to purchase a certain tract of land located in the City of Denton, Texas, and mo~e fully described below; and WHEREAS, the City Council of the C~ty of Denton ~s of the opinion that the best ~nterest and welfare of the public will be served by the purchase of the parcel of real estate described below; and WHEREAS, the City of Denton and owner of said parcel, Fred H' Peterson and w~fe, Alice H. Peterson agree that a consideration of $47,996.00 ~s a fair and agreed value of such described property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: 1. The City Attorney is hereby authorized to prepare whatever legal documents are necessary to complete the transfer of prQperty so described below from the owner thereof to the State of Texas: Being 23,326 square feet of land, more or less, out of and part of a 1.570 acre tract in the R. B. Longbottom Survey, Abstract No. 775, that was conveyed by deed from Ralph W. Hlgglns and wife, 'Marie M. Higg~ns to Fred H. Peterson and w~fe, Alice H. Peterson dated February 15, 1978 recorded in Volume 875, Page 579, Deed Records of Denton County, Texas; said 23,326 square feet of land, more or less, being more particularly described by metes and bounds as follows: BEGINNING at the point of intersection of the proposed west right of way line of Loop 288 with the south boundary l~ne of said 1.570 acre tract, said point being south 88° 48' 46" east a distance of 330.68 feet from southewst corner thereof; THENCE north 01° 40' 41" east along the sa~d proposed right of way line for a distance of 135.24 feet to a point ~n the north boundary l~ne of said 1.570 acre tract; THENCE south 88° 35' 12" east along said boundary line for a distance of 171.87 feet to a point In the existing west right of way l~ne of Loop 288; THENCE south 00° 47' 48" west along the said existing right of way line for a distance of 134.56 feet to a point in the south boundary line of said 1.570 acre tract; THENCEI north 88° 48' 46" west with said boundary l~ne for a d~stanOe of 173.94 feet to the place of beginning. 2. The City of Denton ls hereby further authorized to pay Fred H. Peterson and w~fe, Alice H. Peterson as owner of sa~d described property, consideration in the amount of $47,996.00 purchase price, plus necessary and reasonable recording fees. 3. This Resolution shall take effect ~mmed~ately from and after its passage and approval in accordance with the provls'ions of the Denton City Charter. 1980. CITY OF DENTON, TEXAS ATTEST: CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FOP, M: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS ! ~/ /' CITY OF DENTON MAYOR ~ CITY COUNCIL COMMUNICATION DATE' September 23, 1980 SUBJECT' Real Property Acquisition It ~s recommended that the City Council authorize the purchase of real property (as described below) for the purpose of constructing essential public ~mprovements. NAMB OF PROJBCT. Loop 288 TYPE OF ACQUISITION' General Warranty Deed DESCRIPTION OF LAND/LOCATION. US 380 & Loop 288 (South of the S W C ) SQUARB FBBT/AIXg~ 23,326 OWNERCS)' Fred H Peterson and wife, Alice H Peterson Negotiations have taken place with the owner(s) and owner(s) have accepted the appraisal of the fair market value, as provided by the State Department of Highway and Public Transportatxon, for an amount of $47,996 O0 The Clty of Denton is requzred to pay recording fees and the State of Texas wxll pay the remainder of the closing costs. ACTION NEEDED Approve Resolution purchasing the above described property after reconvenlng into open session. W~lk~nson Right of Way Negotzator Ne t ,cument [ .... &L_. __ ! .... - RESOLUTION WHEREAS, the City of Denton finds it necessary to purchase a certain tract of land located in the City of Denton, Texas, and more fully described below; and WHEREAS, the City Council of the City of Denton is of the opinion that the best interest and welfare of the public will be served by the purchase of the parcel of real estate described below; and WHEREAS, the City of Denton and owner of said parcel, Hazel K. King agree that a consideration of $6,499.00 is a fair and agreed value of such described property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: 1. The City Attorney is hereby authorized to prepare whatever legal documents are necessary to complete the transfer of property so described below from the owner thereof to the State of Texas: Being 1.858 acres of land, more or less, out of and a part of that certain 10 acre tract of land in the Nathan Wade Survey, Abstract No. 1407 that was conveyed to Cecll A. King by Trustee's Deed dated February 5, 1952, recorded in Volume 377, Page 70, Deed Records of Denton County, Texas; said 1.858 acres of land, more or less, being more particularly described by metes and bounds as follows: BEGINNING at the polnt of intersection of the proposed north right of way l~ne of Loop 288 with the west boundary llne of said 10 acre tract; said point bears south 1° 02' 55" west a distance of 743.50 feet from the northwest corner thereof; THENCE north 74© 40' 26" east a distance of 117.90 feet to a point; THENCE north 60© 17' 04" east a distance of 179.34 feet to the polnt of lntersectlon of said proposed north r~ght of way line with the east boundary l~ne of said 10 acre tract; THENCE south 01° 00' 02" west along the said east boundary line a distance of 347.22 feet to a point; THENCE south 79© 20' 29" west a distance of 273.20 feet to a point; THENCE north 01© 02' 55" east along the west boundary line of said 10 acre tract a distance of 277.69 feet to the place of beginning. 2. The C~ty of Denton ls hereby further authorized to pay Hazel K. King as owner of said described property, consideration in the amount of $6,499.00 purchase price, plus necessary and reasonable recording fees. 3. This Resolution shall take effect ~mmedlately from and after Its passage and approval ~n accordance with the prov~sions of the Denton City Charter. PASSED AND APPROVED this the ~c~ day of ~~__, 1980. ATTEST..LT~~~EC~ BROOKS , CITY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM.' C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS CITY OF DENTON MAYOR ~ CITY COUNCIL COMMUNICATION DATE October 7, 1980 SUBJECT. Real Property Acquisition It is recommended that the City Council authorize the purchase of real property (as described below) for the purpose of constructing essential public improvements NAME OF PROJECT' Loop 288 TYPE OF ACQUISITION General Warranty Deed DESCRIPTION OF LAND/LOCATION' Bonnie Brae and Loop 288 SQUARE FBET/ACRES. 1.858 Acres OWNER(S): Hazel K. King Negotiations have taken ~lace with the owner(s) and owner(s) have accepted the appraisal of the fair market value, as prowd'ed by the State Department of H~ghway and Public Transportation, for an amount of $6,499.00 The City of Denton ~s required to pay recording fees and the State of Texas will pay the remainder of the closing costs. ACTION NEEDED' Approve Resolution purchasing the above descrxbed property after reconvenlng into open session. RESOLUTION WHEREAS, the City of Denton finds it necessary to purchase a certain tract of land located in the City of Denton, Texas, and more fully described below; and WHEREAS, the City Council of the C~ty of Denton is of the opinion that the best interest and welfare of the public will be served by the purchase of the parcel of real estate described below; and WHEREAS, the City of Denton and owners of said parcel, Edward Barthold, Lee Barthold, Ella Barthold, and Clare E. Lyle, agree that a consideration of $122,519.00 is a fair and agreed value of such described property; National Advertising Company has agreed that the sum of $1,589.00 is a fair and agreed value of such advertising sign; May Advertising Company, Inc. has agreed that the sum of $8,420.00 is a fair and agreed value of such advertising sign; and, Western Outdoor Advertising Company has agreed that the sum of $3,393.00 is a fair and agreed value of such advertising sign. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: 1. The City Attorney is hereby authorlzed to prepare whatever legal documents are necessary to complete the transfer of property so described below from the owners thereof to the State of Texas: Being 11.655 acres of land, more or less, situated in the B.B.B. & C. Railroad Company Survey, Abstract No. 141, out of and a part of that certain ll2.5-acre tract of land conveyed from E. W. Fritz and wife, Mrs. S. A. Fritz, to A. F. Barthold by deed dated June 15, 1917, recorded ~n Volume 154, Page 82, Deed Records of Denton County, Texas; said 11.655 acres of land being more particularly described by metes and bounds as follows: BEGINNING at the point of intersection of the existing west right of way line of I.H. 35 and the south boundary line of said ll2.5-acre tract of land, said point also being South 88° 53' 44" West a distance of 3736.31 feet from the A.T.&S.F. Railroad right of way; THENCE North 88© 53' 44" West with the south boundary l~ne of Barthold tract for a distance of 42.04 feet to a point in the proposed southerly right of way l~ne of Loop 288; THENCE North 59° 15' 18" West with the said proposed right of way line for a dlstnce of 110.14 feet to a point; THENCE North 89° 08' 23" West for a distance of 260.00 feet to a point; THENCE North 790 27' 59" West for a distance of 618.80 feet to a point; THENCE North 00© 51' 37" East for a distance of 326.02 feet to a point in the proposed north right of way l~ne of proposed Loop 288; THENCE North 78© 19' 53" East with the sald proposed north r~ght of way for a distance of 599.27 feet to a polnt; THENCE South 89© 08' 23" East for a distance of 265.00 feet to a point; THENCE North 44° 07' 28" East for a distance of 116 73 feet to a point; THENCE North 03° 04' 51" West for a distance of 211.41 feet to a point; THENCE North 02° 04' 35" East for a distance of 401.44 feet to a point, said point being in the existing west right of way line of I.H. 35; THENCE SOUTH 02° 46' 55" East wlth the said existing right of way line of I.H. 35 for a distance of 1314.97 feet to the place of beginning. 2. The City of Denton is hereby further authorized to pay Edward Barthold, Lee Barthold, Ella Barthold, and Clare B. Lyle as owners of said described property, consideration in the amount of $122,519.00 purchase price, and to the three advertising sign companles the consideration of $13,402.00, plus recording fees. 3. This Resolution shall take effect immediately from and after its passage and approval in accordance with the provisions of the Denton C~ty Charter.~ ~~ PASSED AND APPROVED this the /"--day of , 1980. ~IC~ARD O.{STEWAR~, MAYOR CIT! OF DENTON, TEXAS CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS CITY OF DENTON MAYOR ~ CITY COUNCIL COMMUNICATION DATE October 7, 1980 SUBJECT' Real Property Acquisition It is recommended that the City Council authorize the purchase of real property (as described below) for the purpose of constructing essential public improvements. NAME OF PROJECT: Loop 288 TYPE OF ACQUISITION. General Warranty Deed DESCRIPTION OF LAND/LOCATION. I.H. 35 and Loop 288 SQUARE. FEET/ACRES. 11.655 Acres OWNER(S)' Edward Barthold, Lee Barthold, Ella Barthold, Clare B Lyle (3 adv.. szgns--Natl Advertising Co., May Advertzszng Co., Western Outdoor Adve~t~szng Co ) Negotx'atxons have taken place with the owner(s) and owner~s) have accepted the appraisal of the fair market value, as provld'ed by the State Department of Highway and Public TransportatIon, for an amount of $135,921.00 The City of Denton is required to pay recording fees and the State of Texas will pay the remainder of the closing costs. ACTION: NBEDBD Approve Resolution purchasing the above described property after reconvenlng into open session. $122,519.00 Bar tholds ' 8,420.00 May Adv. 3,393.00 Western ~--~=.t~,--~,~-~---~-- 1,589.00 National $135.921.00 RESOLUTION WHEREAS, the City of Denton finds it necessary to purchase a certain tract of land located in the C~ty of Denton, Texas, and more fully described below; and WHEREAS, the City Council of the City of Denton ~s of the opinion that the best interest and welfare of the public will be served by the purchase of the parcel of real estate described below; and WHEREAS, the C~ty of Denton and owner of said parcel, E.D.S. Engineering Corporation agree that a consideration of $115,000.00 is a fair and agreed value of such descrlbed property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: 1. The City Attorney is hereby authorized to prepare whatever legal documents are necessary to complete the transfer of property so described below from the owner thereof to the State of Texas. Being 25.633 acres of land, more or less, and being a part of that certain 257.22 acre tract of land ~n the Daniel C. Culp Survey, Abstract No. 287, Caswell Carter Survey, Abstract No. 275, and the Samuel M. Willlams Survey, Abstract No. 1279 ~n Denton County, Texas, said 257.22 acre tract being the remainder of a 272.22 acre tract described ~n a deed from Robert C. Feldman, Trustee to Alex L. Kallay, Trustee, dated Ocrober 9, 1975, recorded in Volume 761, Page 279, Deed Records of Denton County, Texas; sa~d 25.633 acres of land being more particularly described by metes and bounds as follows; BEGINNING at the point of ~ntersect~on of the proposed east right of way l~ne of proposed Loop 288 and the common boundary llne between said 257.22 acre tract and 15 acre tract described ~n a deed from Kallay to J. A. Frates recorded ~n Volume 917, Page 16, Deed Records of Denton County, Texas; said polnt also being South 87© 52' 49" East a distance of 723.48 feet from the southwest corner thereof; THENCE South 87© 52' 49" East along the said common boundary line for a distance of 323.18 feet to a point ~n the proposed east rlght of way line of Loop 288, sa~d point in a curve of radius 3939.72 feet and bearing South 49© 10' 01" West to the radius point; THENCE along sa~d curve to the r~ght for a d~stance of 920.92 feet to a point of bearing South 62© 33' 36" West to the radius point; THENCE South 24° 26' 24" East along sa~d proposed r~ght of way line for a distance of 412.38 feet to a point; THENCE South 20© 11' 48" East for a distance of 580.05 feet to a point; THENCE South 10° 40' 32" East for a distance of 751.99 feet to a point; THENCE South 02© 42' 32" West for a distance of 730.38 feet to a point; THENCE South 03© 27' 44" West for a distance of 471.30 feet to a point ~n the southerly boundary l~ne of sa~d 257.22 acre tract; THENCE South 69° 23' 48" West for a distance of 282.08 feet to a point; THENCE North 07° 27' 40" West for a distance of 55.70 feet to a point; THENCE South 89° 16' 46" West for a distance of 145.05 feet to a point in the proposed west right of way line of Loop 288; THENCE North 00° 26' 58" East along the said proposed r~ght of way l~ne for a distance of 721.66 feet to a point; THENCE South 89° 12' 12" East for a distance of 60.00 feet to a point; THENCE North 07° 08' 04" East for a distance of 399.85 feet to a point; THENCE North 02° 41' 24" West for a d~stance of 290.50 feet to a point; THENCE North 00° 11' 47" East for a distance of 97.50 feet to a ~olnt in a curve of radius 3709.72 feet and bearing South 83v 07' 44" West to the radius point; THENCE along the sa~d curve to the left for a distance of 1357.87 feet to a point of bearing South 62° 09' 24" West to the radius point; THENCE North 30° 57' 27" West for a d~stance of 581.42 feet to a point ~n a curve of radius of 3709.72 feet and bearing South 53° 33' 36" West to the radius point; THENCE along the said curve to the left for a distance of 504.78 feet to a point of bearlng South 45° 45' 50" West to the radius point and being the point of beginning. 2. The C~ty of Denton is hereby further authorized to pay E.D.S. Engineering Corporation as owner of sa~d described property, consideration in the amount of $115,000.00 purchase price, plus necessary and reasonable recording fees. 3. This Resolution shall take effect immediately from and after ~ts passage and approval in accordance with the provisions of the Denton City Charter~ ~~ PASSED AND APPROVED this the/-'- day of , 1980. ATTEST .' CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS CITY OF DENTON MAYOR ~ CITY COUNCIL COMMUNICATION DATE. October 7, 1980 SUBJECT' Real Property Acquisition It is [recommended that the C~ty Council.authorize the purchase of real property (as described below} for the purpose of constructxng essentxal publxc Improvements. NAME OF PROJECT Loop 288 TYPE OF ACQUISITION: General Warranty Deed DESCRIPTION OF LAND/LOCATION: Kings Row and Loop 288 (S.E.C.) SQUARE FBBT/ACRBS' 25,633 Acres O~ER(S): E.D.S. Engineering Corporatzon Negotiations have taken place w~th the owner(s) and owner(s) have accepted the appraisal of the fair market value, as prowd%d by the State Department of H~ghway and Public Transportation, for an amount of $115,000.00 The C~ty of Denton ~s reqmred to pay recording fees and the State of Texas w~ll pay the remainder of the closing costs. ACTION NEEDED: Approve Resolution purchasing the above described property after reconvenlng ~nto open session. RESOLUTION WHEREAS, the City of Denton finds it necessary to purchase a certain tract of land located in the City of Denton, Texas, and more fully described below; and WHEREAS, the City Council of the C~ty of Denton ~s of the opinion that the best ~nterest and welfare of the public w~ll be served by the purchase of the parcel of real estate described below; and WHEREAS, the C~ty of Denton and owner of said parcel, The Trustees of Electronic Data Systems Corporation Retirement Plan and Trust agree that a conslderat~on of $36,600.00 is a fair and agreed value of such described property, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: 1. The City Attorney ~s hereby authorized to prepare whatever legal documents are necessary to complete the transfer of property so described below from the owner thereof to the State of Texas: Being 6.724 acres of land, more or less, of which 0.621 of an acre is located In Public Roads (K~ngs Row and Old North Road) situated ~n the Danlel D. Culp Survey, Abstract No. 287, out of a 15.0 acre tract of land conveyed to J. A. Frates by Special Warranty Deed dated June 28, 1978, recorded in Volume 917, Page 16, Deed Records of Denton County, Texas, said 6.724 acres of land being more particularly described by metes and bounds as follows: BEGINNING at a point in the middle of K~ngs Row Road and north boundary l~ne of sa~d 15.0 acre tract said point being 563.31 feet North 87© 52' 10" West from the northeast corner thereof; THENCE South 02© 07' 50" East for a distance of 25.07 feet to a point; THENCE South 18© 40' 06" West with the proposed northeast right of way l~ne of proposed Loop 288 a d~stance of 114.34 feet to a point; THENCE South 47© 20' 16" East for a distance of 210.00 feet to a point; THENCE South 55© 05' 19" East for a distance of 74.15 feet to a ~polnt on a curve of radius of 3939.72 feet bearing South 42u39' 44" West to the radius point; THENCE along said curve to the right a distance of 447.28 feet to a point of bearing South 49© 10' 01" West to the radius point; THENCE North 87© 52' 49" West along the south boundary l~ne of sa~d 15.0 acre tract a distance of 323.18 feet to a point in the proposed southwest r~ght of way line of proposed Loop 288, sa~d polnt also on a curve of radius of 3709.72 feet bearing South 45© 45' 50" West to the radius point; THENCE along sa~d curve to the left a d~stance of 200.83 feet to a point of bearing South 42© 39' 44" West to the radius point; THENCE North 47© 20' 16" West along the said proposed southwest right of way line a distance of 283.47 feet to a point; THENCE South 87© 39' 44" West for a distance of 99.00 feet to a point; THENCE South 42° 39' 44" West for a distance of 356.77 feet to a point; THENCE North 78° 17' 20" West for a distance of 27.50 feet to a point ~n the centerl~ne of Old North Road and west boundary l~ne of said 15.0 acre tract of land; THENCE North 11O 31' 41" East w~th sa~d common line of Old North Road and west boundary l~ne for a distance of 583.95 feet to a point, said point being the northwest corner of 15.0 acre tract and at the lntersect~on of the centerllne of Old North Road and centerllne of K~ngs Row Road; THENCE South 87° 52' 10" East with the centerllne of Kings Row Road for a d~stance of 435.97 feet to the place of beginning. 2. The C~ty of Denton ~s hereby further authorized to pay The Trustees of Elecron~c Data Systems Corporation Retirement Plan and Trust as owner of sa~d described property, consideration ~n the amount of $36,600.00 purchase price, plus necessary and reasonable recording fees. 3. Th~s Resolution shall take effect ~mmedlately from and after ~ts passage and approval in accordance with the provisions of the Denton City Charter. ~.~ ~~ PASSED AND APPROVED th~s the __ ay of ~d. , 1980. ,../3,/x / ... O1 S?EW T, CIT~ OF DENTON, TEXAS Bk~Ok~ }{0LT/CI-TY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS CITY OF DENTON MAYOR ~ CITY COUNCIL COMMUNICATION DATE' October 7, 1980 SUBJECT: Real Property Acquisition It is recommended that the City Council authorize the purchase of real property (as described below) for the purpose of constructing essential public ~mprovements. NAME OF PROJECT' Loop 288 TYPE OF ACQUISITION. General Warranty Deed DESCRIPTION OF LAND/LOCATION: Kings Row and Loop 288 (S.E.C.) SQUARE[ FEET/ACRES. 6.724 Acres OWNER(S): The Trustees of Electronic Data Systems Corporation Retirement Plan and Trust Negotiations have taken place with the owner(s) and owner(s) have accepted the appraisal of the fair market value, as prowd'ed by the State Department of H~ghway and Public Transp.ortat~on, for an amount of $36,600.00 The City of Denton ~s required to pay recording fees and the State of Texas w~ll pay the remainder of the closing costs ACTION NEEDED Approve Resolution purchasing the above described property after reconven~ng ~nto open session. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS; SECTION I. The City Manager is hereby authorized and directed to execute for and on behalf of the City of Denton a lease purchase agreement dated October 1, 1980, by and between the City of Denton, Texas, and Leon McNatt Auto Leasing, a copy of which is attached hereto and made a part hereof. SECTION II. This resolutlon shall become effective from and after its date of passage. PASSED AND APPROVED this the day of 1980. ATTEST: CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS THE STATE OF TEXAS RESOLUTION IN APPRECIATION OF COUNTY OF DENTON CONGRESSMAN RAY ROBERTS WHEREAS, the Honorable Ray Roberts has served with distinction as a State Senator in the Texas Legislatu~ and as United States Representative for the Fourth Congressional District of Texas which includes the City of Denton, and WHEREAS, Congressman Ray Roberts will retire os United States Congressman at the end of his currant term of office, and WHEREAS, the Mayor and members of the City Council of the City of Denton desire to express the ~honks of the citizens of the City of Denton for his assistance in securing the approval of the Aubrey Reservoir Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS The Mayor and each member of the City Council of the City of Denton, Texas, lndividiially and on behalf of the citizens of the City of Denton, Texas, extend to Congressman Ray Roberts our special thanks and apprecmtion for your many years of public service to the citizens of our City and your District. PASSED AND APPROVED this the }'th day of October, A.D, 1980. ATTEST B~~ITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS /--../ /- RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF DENTON, TEXAS WHEREAS, this Council has been adwsed that the Texas Gay Association has requested the use of the Civic Center for a statewlde Gay Association meeting, and WHEREAS, this Council protests the use of city facilities by the Texas Gay Association, however, we have been advised that the Constitution of the United States authorizes the use of such facilities by such an organization We abhor such activity in Denton, Texas; and WHEREAS, we request the City Attorney to review the policies of the City of Denton on leasing city facilities to the same or similar organization in the future. PASSED AND APPROVED this the /Z~day of~~ , 1980. RICHARD H TALIAF~]~ MAYOR PRO-TEM CITY OF DENTON, TEXAS CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM' C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS Next Doclument JOINT RESOLUTION OF THE CITY OF DENTON AND DENTON CHAMBER OF COMMERCE KNOW ALL MEN BY THESE PRESENTS THAT WHEREAS, the CITY OF DENTON and the DENTON CHAMBER OF CO~4ERCE, recognize the need for a unified effort toward beauti- fication of our City; and, WHEREAS, recognizing such need, both the C~ty of Denton and the Denton Chamber of Commerce feel that a 3o~nt committee spon- sored by each of sa~d organizations could best serve the needs of the citizens of the City of Denton and provide a broad basis support for such a 3o~nt project; and, WHEREAS, the joint committee would have as its objectives to plan, lnltlate, and carry out projects and activities which contributed to the physical appearance of the C~ty of Denton an every manner whatsoever, NOW THEREFORE, IN CONSIDERATION OF THE PREMISES, BE IT RESOLVED that we, the City of Denton, acting by and through ~ts Mayor, and the Denton Chamber of Commerce acting by and through its PresIdent, do hereby establish one 3olnt committee, named BEAUTIFY DENTON COUNCIL, to carry out the expressed ob]ect~ves of both the City of Denton and the Denton Chamber of Commerce to plan, ~n~tlate and carry out projects and activities which shall contribute to the overall physical appearance of the City of Denton, and, BE IT FURTHER RESOLVED that such committee have as ~ts ~n~t~al chairman, Garland Hadley, a c~t~zen of the C~ty of Denton, and Fred Patterson as vice-chairman, and FURTHER, that the committee have as its other officers, a secretary and treasurer, and such other officers as the chairman designates to carry out the purposes of the BEAUTIFY DENTON COUNCIL, all of such officers to be hereafter elected by the committee as a whole, and BE IT FURTHER RESOLVED that the chairman of the COUNCIL be authorized to enlist in support of the ob3ectlves and alms of the BEAUTIFY DENTON COUNCIL, such other persons, organlzatlons, and entltles, as he deems appropriate to aid in carrying out all of the stated objectives of the BEAUTIFY DENTON COUNCIL WITNESS OUR HANDS th~s ~3~ day of~m~ai~; 1980. CITY OF DENTON DENTON C~ COMMERCE ATTEST: SECRETARY, DENTON CHAMBER OF COMMARCE RESOLUTION WHEREAS, the City of Denton finds it necessary to purchase a certain tract of land located in the C~ty of Denton, Texas, and more fully described below; and WHEREAS, the C~ty Council of the C~ty of Denton is of the oplnlon that the best interest and welfare of the public w~ll be served by the purchase of the parcel of real estate described below; and WHEREAS, the C~ty of Denton and owner of said parcel, Texas Instruments Incorporated agree that a cons~deratlon of $70,400.00 is a fair and agreed value of such described property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: 1. The City Attorney is hereby authorized to prepare whatever legal documents are necessary to complete the transfer of property so described below from the owner thereof to the State of Texas: Being 26.582 acres of land, more or less, of which 0.504 of an acre is located in a Public Road (Bonnie Brae), situated in the Nathan Wade Survey, Abstract No. 1407 and the J. S. Collard Survey, Abstract No. 297, out of a 82.5027 acre, a 119.9528 acre, and a 217.5069 acre tract of land conveyed to Texas Instruments Incorporated, a Delaware Corporation, by deed dated July 16, 1979, and recorded in Volume 963, Pages 51 through 60, Deed Records of Denton County, Texas; said 26.582 acres of land being more particularly described by metes and bounds as follows BEGINNING at the point of intersection of the west boundary l~ne of the sa~d 82.5027 acre tract and the proposed south r~ght of way line of proposed Loop 288, sa~d point also being North 00© 25' 16" West a distance of 642.66 feet and North 85° 59' 16" East a distance of 25.65 feet and North 83© 09' 32" East a d~stance of 44.68 feet from the southeast corner of Ruth Kellum 177.9 acre tract recorded in Volume 768, Page 213, Deed Records of Denton County, Texas; THENCE South 83© 09' 32" West a d~stance of 44.68 feet to a point ~n the centerllne of public road; THENCE North 00© 25' 16" West along the centerllne of said road a d~stance of 508.20 feet to a point; THENCE South 64° 22' 05" East for a distance of 49.42 feet to a polnt ~n the proposed north right of way l~ne of Loop 288; THENCE South 41© 50' 01" East along the said proposed right of way l~ne a d~stance of 104.70 feet to a point; THENCE South 86© 45' 53" East a d~stance of 630.00 feet to a point; THENCE North 81© 53' 47" East a d~stance of 416.37 feet to a point; THENCE South 82° 40' 08" East a d~stance of 493.08 feet to a point; THENCE South 89© 04' 24" East a d~stance of 800.00 feet to a point; THENCE North 86© 38' 15" East a distance of 200.56 feet to a point; THENCE South 88° 39' 50" East a distance of 700.02 feet to a point; THENCE South 86° 49' 53" East a distance of 511.30 feet to the beginning of a curve with a radius of 5619.58 feet, sa~d point bears North 00° 55' 36" East to the radius point; THENCE around said curve to the left a d~stance of 362.43 feet to a point, said point bears North 02° 46' 07" West to the radius point, said point also being ~n thge east boundary l~ne of said 217.5069 acre tract; THENCE South 00° 46' 02" West along the said east boundary l~ne for a d~stance of 258.00 feet to a point ~n the proposed south r~ght of way line of Loop 288; THENCE North 88° 51' 55" West along the said proposed south r~ght of way l~ne for a d~stance of 362.90 feet to a point; THENCE North 89° 08' 01" West for a d~stance of 1593.26 feet to a point; THENCE North 88° 57' 29" West for a d~stance of 817.66 feet to a point; THENCE South 86° 38' 15" West for a d~stance of 200.56 feet to a point; THENCE North 89° 04' 24" West for a d~stance of 436.96 feet to a point on a curve of radius 5579.58 feet and bearing South 00° 55' 36" West to the radius point; THENCE along sa~d curve to the left a distance of 694.38 feet to a point of bearing South 06° 12' 14" East to the radius point; THENCE South 39° 27' 28" West for a d~stance of 97.79 feet to the place of beginn~ng. 2. The C~ty of Denton is hereby further authorized to pay Texas Instruments Incorporated as owner of said descr ~bed property, consideration ~n the amount of $70,400.00 purchase price, plus necessary and reasonable recording fees. 3. This Resolution shall take effect ~mmed~ately from and after ~ts passage and approval ~n accordance w~th the provisions of the Denton C~ty Charter. PASSED AND APPROVED this the ~ day of ~;~u.~, , 1980. 4%IC~ARD O./STEWA~(T, MAYOR CITY OF D~.NTON, TEXAS ATTEST · BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM. C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS CITY OF DENTON MAYOR ~ CITY COUNCIL COMMUNICATION DATE' November 4, 1980 SUBJECT. Real Property Acqms~t~on It ~s recommended that the C~ty Council authorize the purchase of real property (as described below) for the purpose of constructing essential public ~mprovements NAME OF PROJECT' Loop 288 TYPE OF ACQUISITION: General Warranty Bond DESCRIPTION OF LAND/LOCATION: Bonnze Brae and Loop 288 SQUARE FEET/ACRES 26.582 Acres OWNER(IS). Texas Instruments Incorporated Negotiations have taken place w~th the owner(s) and owner(s) have accepted the appraisal of the fair market value, as prowded by the State Department of H~ghway and Public Transportation, for an amount of $70.400.00 _ The City of Denton ~s reqmred to pay recording fees and the State of Texas w~ll pay the remainder of the closing costs. ACTION NEEDED' Approve Resolut*on purchasxng the above descrxbed property after reconven~ng ~nto open session. AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, 'IBXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE ~f-F~ DAY OF NOVBMBER, 1979. RESOLUTION P/HEREAS, the C~ty of Denton f~nds ~t necessary to purchase a certain tract of land located ~n the C~ty of Denton, Texas, and more fully described below; and P/HBRBAS, the C~ty Council of the C~ty of Denton ts of the optnlon that the best interest and welfare of the public wtlt be served by the purchase of the parcel of real est.ate described below, and I~HEREAS, the C~ty of Denton and owner of sa~d parcel, Sherman Byrd and w~fe, Pearlean Byrd, agree that a cons~deratton of $2,250.00 ~s a fair and agreed value of such described property; NOP/, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OP THE CITY OF DENTON, TEXAS, THAT 1. The C~ty Attorney ts hereby authorized to prepare whatever legal documents are necessary to complete the transfer of property so described below from the owner thereof to the Ctty of Denton Ail that certain lot, tract or parcel of land lying and being s~tuated ~n the C~ty and County of Denton, State of Texas, and being part of the Htram S~sco Survey, Abstract No. 1184, and being part of a tract of land as conveyed from M C Sheppard to Sherman Byrd and w~fe, Pearlean Byrd by deed dated April 16, 1951 and recorded ~n Volume 375, Page 557 of the Deed Records of Denton County, Texas, and more parttcularly descrtbed as follows BEGINNING at the southeast corner of sa~d Byrd tract satd potnt of beginning lying tn the north r~ght of way ltne of Prairie Street and also betng the southwest corner of a tract of land called "Tract F~ve" as , conveyed from Lorene Sheppard Darrow, et al to Lorene Sheppard Darrow, et al by deed dated September 19, 1975 and recorded ~n Volume 754, Page 532 of the Deed Records of Denton County, Texas, THENCE north 89° 16' west along the south boundary hne of sa~d tract same betng the north r~ght of way ltne of Prairie Street a d~stance of 45.15 feet to a potnt for a corner, THENCE north 22° 45' 40" east 40.0 feet west of and parallel w~th the east boundary ltne of said tract a d~stance of 65.49 feet to a point, THBNCE north 14o 29' east 40 o feet west o~ and parallel w~th the east boundary line o~ satd tract a d~stance of 114.01 feet to a point, THENCE north ~7o 25' 30" east 40 0 feet west of and parallel w~th the east boundary l~ne of sa~d tract a d~stance of 97.49 feet to a point for a corner, THENCE north 76o 22' 30" west 50.0 feet south of and parallel with the north boundary l~ne of satd tract a dtstance of 175.64 feet to a potnt for a corner tn the west boundary l~ne of sa~d tract, THENCE north 0o 00' $0" west along the west boundary l~ne of sa~d tract a dtstance of 50.87 feet to a point for a corner same being the northwest corner of sa~d tract; 113 VuLIO03 J.i,4 THENCE south 76° 22' 30" east along the north boundary line of said tract a dlstace of 204.4 feet to a point; THENCE south 00o 36' 20" east along the north boundary line of sa~d tract a distance of 30.9 feet to a poxnt for a corner, same being the northeast corner of sa~d tract; THENCE south 37° 23' ~" west along the west boundary line of said tract a d~stance of 130.§ feet to a point; THENCE south 14° 29' west along the west boundary line of said tract a distance of 108.8 feet to a point; THENCE south 22° 4S' 40" west along the west boundary line of sa~d tract a distance of 52.2 feet to the place of beginning and containing 17,587.76 square feet of land, more or less. ~. The City of Denton is hereby further authorized to pay Sherm~ Byrd and wife, Pearlean Byrd as owner of said described property, consideration in the amount of $2,250.00 purchase price, plus any other necessary and reasonable costs of closing. $. This Resolution shall take effect immediately from and after its passage and approval ~n accordance with the provisions of the Denton C~ty Charter. PASSED AND APPROVED this the ~ay of November, 1979. CITY OF DENTON, TEXAS CITY ~DENTON, APPR~g~D AS ~O LE6~ FJ~M. BURT"R~ SOLOMONS, ACTING CITY ATTOR~ ~' C~Y OF- DBN~TON, TEXAS CLE~, ~ ~n~, Tex~ that ~Js Imtrumeflt ms filed on the s~m~d h~n ~ me e~ was duty ~ Mume e~ ~ae d t~ Mined rlcoMi ~ Texes as steroid her~ ~ m~ FEB ~ ? 1980 . RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS SECTION I. The City Council of the C~ty of Denton, Texas, hereby authorizes Denton County work crews to perform work w~th~n tbe corporate l~m~ts of the C~ty of Denton, Texas, and SECTION II. That from t~me to time there are agreements between the County and C~ty which necessitates the County using both their personnel and equipment to perform work within the C~ty for the benefit of the c~tlzens of both the County and C~ty, and SECTION III. This Resolution shall become effective from and after date of passage. PASSBD AND APPROVED this the /~ day of ~~, ]R~ICF~fuR~ ~TEWART~/MAYOR V ~IT~OF DEN~rON, TEXAS ATTEST._ CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TB×AS RESOLUTION WHEREAS, the City of Denton finds ~t necessary to purchase a certain tract of land located in the C~ty of Denton, Texas, and more fully described below, and WHEREAS, the City Council of the City of Denton ~s of the opinion that the best interest and welfare of the public will be served by the purchase of the parcel of real estate described below; and WHEREAS, the City of Denton and owner of said parcel, W. B. Rummell agree that a consideration of $280,910.00 is a fair and agreed value of such described property, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT' 1. The City Attorney is hereby authorized to prepare whatever legal documents are necessary to complete the transfer of property so described below from the owner thereof to the State of Texas. Being 55,992 square feet of land, more or less, out of and a part of a tract of land situated in the R B. Longbottom Survey, Abstract No. 775 that was conveyed to W. B. Rummell by deed dated July 12, 1965 as recorded in Volume 497, Page Deed Records of Denton County, Texas, sa~d 55,902 square feet of land being more particularly described by metes and bounds as follows. BEGINNING at the point of Intersection of the proposed west right of way line of proposed Loop 288 with the south boundary line of said Rummell tract, said point being South 88© $5' 12" East a distance of 191.65 feet from the southwest corner thereof; THENCE North 010 40' 41" East along the proposed right of way l~ne for a distance of 120.84 feet to a point; THENCE North 440 12' 12" West for a distance of 84.85 feet to the point of intersection of said proposed right of way line with the existing south right of way line of U. S. Highway 580, THENCE North 85° 27' 54" East with said existing U. S. 380 right of way line for a distance of 180.78 feet to a point on the existing west right of way line of Loop 288, THENCE South 460 05' S2" East along the said existing right of way line of Loop 288 for a d~stance of 68.48 feet to a point, THENCE South 00° 47' 51" West for a distance of 152.67 feet to a point; THENCE North 88° 55' 12" West along the south boundary hne of said Rummell tract for a distance of 17].87 feet to the place of beginning. 2. The City of Denton is hereby further authorized to pay W. B. Rummell as owner of said described property, consideration in the amount of $280,910.00 purchase price, plus necessary and reasonable recording fees. 5 This Resolution shall take effect immediately from and after ~ts passage and approval in accordance w~th the prows~ons of the Denton C~t¥ Charter. PASSBD AND APPROVED this the t~day of ~ , 1980 ATTES F ~ APPROVND AS TO LEGAL FORM' C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY. ~ RESOLUTION WHEREAS, the C~ty of Denton ~s ~n need of a new C~ty Warehouse and Service Center Facility for the Electric, Water, Sewer, and certain General Government Departments; and WHEREAS, b~ds have been received for such facility which l~st a cost of $S66,780.00 for the Warehouse and a cost of approximately $1,549,720.00 for the Serwce Center; and WHI~REAS, ~t ~s necessary to specify a source of funding for such facilities, NO~, THP~R~FORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: 1. The source of funds for the Warehouse, estimated to be $566,780.00, shall be from the Electric Department Fund, and the asset value of the Warehouse shall be regarded as an asset of the Electric Department. 2. Ail other departments using the Warehouse shall pay to the Electric Department an annual lease fee based on (a) Each department's square footage use of the ~arehouse floor space. Common and unused space shall be apportioned on a pro rata basis to all using departments (b) A charge equal to a constant annual amortization payment utilizing a twenty (20) year payout and an ~nterest rate of e~ght (8) per cent per annum (estimated to be $2.89 per square foot per year), plus, (c) An additional charge per square foot equal to six (5) per cent of the undeprec~ated capital cost of the facility. Th~s charge is used to pay the Electric Department's annual six (6) per cent return on investment pa~d to the C~ty of Denton (estimated to be initially $1.70 per square foot per year); prowded, however, that the percentage rate for such additional charge shall remain at the same percentage rate as the City Council annually establishes for the Electric Department's return on ~nvestment payment to the C~ty of Denton. $. The source of funding for the Serwce Center facility, estimated to be $1,549,720.00, shall be from the Water and Sewer Bond Fund and the ~lectr~c Fund The Water and Sewer Bond Fund shall provide capital funds for the proportionate share of area that will be specifically utilized by the Water and Sewer Department, plus a pro rata share of the common areas and other associated development costs, estimated to be $595,215.00, and the asset value of th~s proportionate share of the Serwce Center shall be regarded as an asset of the Water and Sewer Department. The ~lectr~c Department Fund shall prowde the capital funds for the remaining amount estimated to be $1,156,50S 00, and the asset value of this proportionate share of the Serwce Center shall be regarded as an asset of the Electric Department. 4. Departments other than the Utility Department shall pay to the Mlectnc Department an annual lease fee for office space based on the square footage used, ~nclud~ng a pro rata share of the common areas. The charges shall be calculated ~n a s~m~lar manner to 2(a) and 2(b) hsted here~n S. Maintenance and operation expenses shall be charged to the using departments on an equitable pro rata bas~s. 6. Actual costs and annual lease fees shall be based on f~nal as~built construction costs. PASSED MD APPRO~D th~s the .~ day of .Y~---~f980. ~c~ o ~TE~V~YOR ~ ATTEST' CITY OF DENTON~ TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS /--'/'T' RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS. The Mayor is hereby authorized and directed to execute on behalf of the City of Denton, Texas, a Pipe L~ne License agreement dated November 1, 1980, between the City of Denton and the Missouri-Kansas-Texas Railroad Company. PASSBD AND APPROVED this the 18th day of November, 1980. ATTEST. BROOKS HOLT, C~ CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS SECTION I Pursuant to Section 6.02 {c) of the Charter of the City of Denton, Texas, the City Council hereby authorizes the City Attorney to appoint STEPHEN PARK JOHNSON as an assistant city attorney for the City of Denton, Texas. SECTION II This resolution shall become effective from and after Its date of passage. ~m_ PASSED AND APPROVBD th~s the ~ day of ,~/'OV~'~,~ , 1980. ATTEST' BR~ S~CRETARY CITY OF DENTON, TBXAS APPROVI~D AS TO LEGAL FORM' C J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS RESOLUTION I{HBREAS, the City of Denton finds it necessary to purchase a certain tract of land located in the C~ty of Denton, Texas, and more fully described below, and WHEREAS, the City Council of the City of Denton is of the opinion that the best interest and welfare of the public will be served by the purchase of the parcel of real estate described below, and WHfREAS, the City of Denton and owner of said parcel, Alan Burns, Trustee, agree that a consideration of $27,500.00 is a fair and agreed value of such described property, NOW, THBRMFORE, BE IT R~SOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: 1. The City Attorney is hereby authorized to prepare whatever legal documents are necessary to complete the transfer of property so described below from the owner thereof to the State of Texas' Being 7.427 acres of land, more or less, s~tuated in the Nathan Wade Survey, Abstract No. 1407, out of a 18.049 acre and 14.755 acre tracts of land conveyed to Frank W Head by deed dated November 50, 1972 recorded in Volume 660, Page 728, and a 9.527 acre tract of land conveyed to Frank W. Head by deed dated November $0, 1972 recorded in Volume 665, Page 691, Deed Records of Denton County, Texas, sa~d 7 427 acres of land being more particularly described by metes and bounds as follows BEGINNING at the point of intersection of the west boundary line of the Head tract and the proposed northerly right of way line of Loop 288 said point bears South 01o 00' 02" West a distance of 4S9.67 feet from the north corner thereof; THENCE North 60° 17' 04" East along the said proposed north right of way line a distance of 352.15 feet to a point, THENCE North 05° 32' 04" East for a distance of 96.78 feet to the point of intersection of said proposed northerly right of way l~ne and ex~stlng south right of way l~ne of U. S. Highway 77, THENCE South 58° 11' 05" East along the said existing south right of way a distance of 803.09 feet to a point, THENCE South 35° 38' 56" West along the proposed south right of way of Loop 288 for a distance of 110 12 feet to a point, THENCE North 82° 01' 29" West for a distance of 532.09 feet to a point; THENCE South 71° 58' 07" West for a distance of 277.75 feet to a point; THENCE South 79° 26' S0" West for a distance of 549.55 feet to a point in the west boundary line of sa~d Head tract of land; THENCE North 01o 00' 02" East for a distance of 347.22 feet to the place of beginning. 2 The City of Denton is hereby further authorized to pay Alan Burns, Trustee, as owner of said described property, consideration in the amount of $27,500.00 purchase price, plus necessary and reasonable recording fees. 5. This Resolution shall take effect ~mmed~ately from and after ~ts ~passage and approval ~n accordance w~th the prows~ons of the Denton C~ty Charter PASSED AND APPROVED th~s the _a~~ day of tle~ w ~f,~ ~.~. , 1980. ~¢ o~ ~o~, ~×^~ - ATTEST: CITY OF D~.NTON, TI~XAS APPROVI~D AS TO LEGAL FORM' C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS AT A REGUL~ MEETING OF ~E CITY COUNCIL OF ~E CITY OF DENTON, TEXAS, HELD IN THE ~NICIPAL BUILDING OF SAID CITY ON THE 2STH DAY OF NOVEMBER, A. D. 1980. RESOLUTION WHEREAS, on September 13, 1977, the City Council of the City of Denton, Texas entered in an emplo~ent agreement with G. Chris Hartung to serve as City Manager of the City of Denton, Texas, and WHEREAS, the City Council of the City of Denton is desirous of retaining G. Chris Hartung as the City Manager of the City of Denton, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS SECTION I. That the Mayor of the City of Denton, Texas is hereby authorized to enter into a revised employment agreement with G. Chris Hartung to be effective immediately from and upon its date of execution and for a period of one year thereafter. SECTION II. That this resolution be effective immediately from and after its passage and approval by the City Council of the City of Denton, Texas. PASSED MD APPRO~D this the 2Sth day of November, A D. 1980. CI~ OF ~NTON, TEXAS SECRETLY CITY OF DENTON, TEXAS ~P~/~_BDASTO~~.. I Nex Document t' RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS' The Mayor ~s hereby authorized and d~rected to execute on behalf of the City of Denton, Texas, a P~pe L~ne L~cense Agreement dated May 14, 1980, between the C~ty of Denton and the M~ssoun Pacific Railroad Company. PASSED AND APPROVED th~s the 2nd day of December, 1980. OdSTE A 'r, CITY OF DENTON, TEXAS ATTEST. APPROVED AS TO LEGAL FORM. C J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY ~~.~,,~*~, RESOLUTION BE IT RBSOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS' The Mayor is hereby authorized and directed to execute on behalf of the Cxty of Denton, Texas, a Pipe Line License Agreement dated November 21, 1980, between the City of Denton and the Missouri Pacific Railroad Company. PASSED AND APPROVED this the 2nd day of December, 1980. ~R~'DK~ARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM' C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS THE STATE OF TEXAS CITY OF DENTON RESOLUTION IN APPRECIATION OF COUNTY OF DENTON BUD HENSLEY WHERRAS, Bud Hensley has unselfishly contributed h~s time and effort zn an outstanding and exemplary manner during hzs tenure of off~ce, and has promoted the welfare and prosperity of the City, and WHEREAS, the Mayor and C~ty Council acknowledge their grateful appreciation for the t~reless and outstanding manner ~n which Bud Hensley has performed these, and many other, public services, and extend their best w~shes for his continued success as a community leader, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON' that the s~ncere and warm appreciation of Bud Hensley, felt by the citizens and officers of the City of Denton, be formally conveyed to him ~n a permanent manner by spreading th~s Resolution upon the official m~nutes of the City of Denton, Texas, and forwarding to h~m a copy hereof; and BE IT FURTHER RESOLVED, that the C~ty of Denton does hereby officially and sincerely extend ~ts best wishes to the Honorable Bud Hensley, for a long and successful career as a member of our community, and as a civic leader. PASSED AND APPROVED th~s the 16th day of December, A. D. 1980. ~IO~IARD q. STEI~YRT, MAYO~ CITY OF ~ENTON, TEXAS ATTF.~T BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM' C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEX S RESOLUTION WHEREAS, the City of Denton finds it necessary to purchase a certain tract of land located in the City of Denton, Texas, and more fully described below; and WHEREAS, the City Council of the City of Denton is of the opinion that the best ~nterest and welfare of the public will be served by the purchase of the parcel of real estate described below, and WHEREAS, the City of Denton and owner of said parcel, Henry P Lo, agree that a consideration of $1,864.00, is a fair and agreed value of such described property, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT 1. The City Attorney is hereby authorized to prepare what- ever legal documents are necessary to complete the transfer of property so described below from the owner thereof to the State of Texas. BEING 0.373 of one acre of land, more or less, out of a part of a 9.997 acre tract situated in the Caswell Carter Survey, Abstract No. 275 and the R. B. Longbottom Survey, Abstract No. 775, Denton County, Texas that was conveyed to Henry P. Lo by deed dated October 18, 1978, recorded in Volume 919, Page 336, Deed Records of Denton County, Texas, said 0.373 of one acre of land, being more particularly described by metes and bounds as follows BEGINNING at the point of intersection of the north boundary line of the Lo 9.997 acre tract and the proposed west right of way line of Loop 288, said point being north 89° 16' 46" east a d~stance of 641.85 feet from the most southerly southwest corner of a 272 22 acre tract described in deed to Alex L. Kallay, Trustee, recorded ~n Volume 761, Page 279, Deed Records of Denton County, Texas, THENCE north 89° 16' 46" east along the said Lo north boundary line a distance of 145 05 feet to a point, THENCE south 07° 27' 40" east for a distance of 79.00 feet to a point in the south boundary line of said Lo tract, sa~d point also being on the north l~ne of Mlngo Road; THENCE south 69~ 23' 48" west along the said south boundary line of the Lo tract and north line of Mlngo Road for a distance of 167 04 feet to a point ~n the aforesaid west right of way line of Loop 288, THENCE north 00~ 26' 58" east along the proposed west right of way line for a distance of 135.29 feet to the place of beginning 2. The City of Denton is hereby further authorized to pay Henry P. Lo, as owner of said described property, consideration in the amount of $1,864 00, purchase price, plus necessary and reasonable recording fees. 3. This Resolution shall take effect immediately from and after its passage and approval in accordance with the provisions of the Denton City Charter. ~ PASSED and APPROVED this the/~~- day of ~~', A D 1980. ATTEST CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS CITY OF DENTON MAYOR ~ CITY COUNCIL COMMUNICATION DATE. December 16, 1980 SUBJECT: Real Property Acquisition It is recommended that the City Council authorize the purchase of real property (as described below) for the purpose of constructing essential public improvements. NAME OF PROJECT' Loop 288 TYPE OF ACQUISITION General Warranty Deed DESCRIPTION OF LAND/LOCATION: Loop 288 and Mlngo Road ~X~ACRES' 0 373 OWNER(S). Henry P. Lo Negotiations have taken place with the owner(s) and owner(s) have accepted the appraisal of the fair market value, as provided by the State Department of Highway and Public Transportation, for an amount of $1,864 00 The City of Denton is required to pay recording fees and the State of Texas will pay the remainder of the closing costs. ACTION NEEDED: Approve Resolution ~urchaslng the above described property after reconvening into open session. ROGER~N. WILKINSON RIGHT OF WAY NEGOTIATOR RESOLUTION WHEREAS, the City of Denton recognizes the special needs of low to moderate income citizens and desires to effect a higher quality of life for all the citizens, and WHEREAS, the C~ty of Denton has appointed a citizens committee called the Community Development Block Grant (CDBG) Committee to assess development needs, and WHEREAS, the Community Development Block Grant Committee has made recommendations to the City for pro3ects and funding levels as part of an application to the Un,ted States Department of Housing and Urban Development (HUD) for Community Development Block Grant £unds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS SECTION I. The C~ty shall make application to Housing and Urban Development for Community Development Block Grant funds in the following amounts 1981 Housing Rehabilitation $300 000 Robertson Street Paving 200 000 Code En£orcement 20 000 Demolition 15 000 Neighborhood Planning 90 000 Administration 50 000 Contingency 7S 1981 Total rr~o-~ 1982 Housing Rehab~lxtatlon $490 000 Sxdewalk Improvements 100 000 Code Enforcement 20 000 Demolition 15 000 Admlnlstratxon 50 000 Contingency 75 1982 Total ~ Total Grant Request = $1,500,000 SECTION II. The Planning and Community Development Director is authorized to make minor ad3ustments in funding levels in the final application; and SECTION III. The Mayor of the City of Denton ~s authorized to execute the application for and on behalf of the City of Denton. PASSED AND APPROVED this the 25th day o~ November, 1980./ · // 'CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY RESOLUTION WHEREAS, the City of Denton finds it necessary to dispose of a certain tract of land located in the C~ty o£ Denton, Texas, and more fully described below; and WHEREAS, the below described parcel of land was let for bid on September 16, 1980, and the highest b~d of S~x Thousand Nine Hundred Seventy-five and No/100 ($6,9?5.00) Dollars was awarded to Ken Goodwln; WHEREAS, the City of Denton and purchaser of said parcel, Ken Goodw~n, agree that a consideration of $6,9?5.00 is a fair and agreed value of such described property, NON, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT. 1. The City Attorney is hereby authorized to prepare whatever legal documents are necessary to complete the transfer of property so described below; Ail that certain lot, tract or parcel of land lying and being situated in the C~ty and County of Denton, State of Texas, and being part of the R. Beaumont Survey, Abstract No. 31, and being part of Lot No. 9, Block 3 of the Fry Addition, an addition to the City and County of Denton, and also being part of a tract of land as conveyed from Harvey Howard and wife, Tlnn~e L. Howard, to the City of Denton by deed dated June 2, 1964, and recorded in Volume 509, Page 178 o£ the Deed Records of Denton County, Texas, and more particularly described as £ollows' BEGINNING at the southeast corner of sa~d tract, said point lying in the west r~ght-of-way l~ne o£ Denlson Street, THENCE west along the south boundary l~ne of sa~d tract a d~stance o£ 150 feet to the southwest corner of sa~d tract, THENCE north along the west boundary line of said tract a d~stance o£ 45 feet to a point £or a corner, said point lying approximately 8 feet south o£ the south curb l~ne o£ the present Sherman Dr~ve, THENCE south 79° 25' 35" east a distance of 152.59 feet to a golnt for a corner ~n the east boundary l~ne of sa~d tract, same e~ng the west r~ght-of-way line o£ Den~son Street, sa~d point also lying approximately 8.7 £eet south of the south curb l~ne o£ the present Sherman Drive; THENCE south along sa~d line a distance o£ 17 feet to the place o£ beginning and containing 4650 square feet o£ land, more or less. 5. This Resolution shall take effect ~mmedlately from and after ~ts passage and approval in accordance with the prows~ons of the Denton C~ty Charter. PASSED AND APPROVED this the ~ day of f~, 1980. CITY OF DENTON, TEXAS ~S HOLT, CITY SECRBTARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS rilE STATE OF TEXAS, } ALI, MEN BY THESE PRESENt. S: JOU.NT Y OF 'l"nat the City of Denton, Texas, a municipal corporation of the County of Denton and State of Texas , for and in conmderat~on of thesumof Slx Thousand Nlrle Hundred Seventy-five and No/100 ($6,975 00) ......................... DOLLARS, to it in hand pa~d by Ken Goodwln of the County of Denton and State of Texas , the receipt of which is hereby acknowledged, do, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER QUIT CLAIM unto the said Ken Goodwln, hi s hei~ and assigns, all our right t~tle and mterest m and to that certam tract or par- cel of land lying in the County of Denton and State of Texas, described as follows, t~w~t All that certain lot, tract or parcel of land lying and being s~tuated in the City and County of Denton, State of Texas, and being part of the R. Beaumont Survey, Abstract No. 31, and being part of Lot No. 9, Block 3. of the Fry Addition, an addition to the C~ty and County of Denton, and also being part of a tract of land as conveyed from Harvey Howard and wife, Tlnnle L Howard, to the C~ty of Denton by deed dated June 2, 1964,I, and recorded in Volume 509, Page 178 of the Deed Records of Denton County, Texas, and more particularly described as follows BEGINNING at the southeast corner of said tract, sa~d point lyznq in the west right-of-way line of Denlson Street, THENCE west along the south boundary line of said tract a distance of 150 feet to the southwest corner of said tract, f THENCE north along the west boundary lmne of said tract a distance o 45 feet to a point for a corner, said point lying approximately 8 feet south~] of the south curb line of the present Sherman Dr~ve, THENCE south 79° 25' 35" east a dmstance of 152 59 feet to a point for a corner in the east boundary l~ne of sa~d tract, same being the west right-of-way line of Denison Street, said point also lying approximately 8.7 feet south of the south curb line of the present Sherman Drive; THENCE south along samd line a distance of 17 feet to the place of begin-il nlng and containing 4650 square feet of land, more or less TO HAVE AND TO HOLD the said prennses, together w~th all and smgular the mghts, pnw- leges and appurtenances thereto m any manner belongmg unto the smd Grantee, h~s he, rs and asmgns, forever, so that neither the Grantor nor its hmrs, nor any person or persons clmm~ng under it shall, at any time hereafter, have, clam or demand any right or t~tle to the aforesaid premises or appurtenances, or any part there- of WITNEF~ my hand at Denton, Texas th~s the ~ day0f December, A D 19 80 Witnesses at Request of Granter' CITY OF DENTON, ~EXAS ATTEST .... ; ...... RI(~HARD O~ STEWART, }IAYOR -B~(~-K~ HOLT ,' 6~TY SECRETARY - C~VY--O--}f DEI~Tb~-,-- SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF DENTON / BEFORE ME, the undcrsxgned autnomty m and for sald County, Texas, on this day personally appeared Richard O Stewart t Mayor o f the City of Denton, Texas, // known to me to be the person ~hose name 1 S subscribed to the foregoing instrument, and acknowledged to me that he executed the same for tile purposes and consideration thexem expressed GIVEN UNDER MY ~IAND AND SEAL OF OFFICE, qh~s ~n~., day of December , A D 19 8 0 Notary Pubhc, Ddnton County, Texas My Commission Exp)re~ JOINT ACKNOWLEDGMENT THE STATE OF TEXAS, } BEFORE ME, thc undermgned authomty, COUNTY OF m and fez said County, Texas, on thru day pe~sonalIy appemed and his wife, both known to me to be the peru sons ~ hose names az e subscribed to the foregoing Instrument, and acknowledg<d to me that they each executed the same fo~ the proposes and cons~derahon thereto expressed, and the said , wife of the said havmg been examined by me privily and apart from hel husband, and having the ~ame fully explained to her, she, the sa~d acknowledged such instrument to be he~ act and deed qnd she declared that ~be had ~fllmgly signed the same for the proposes and conmderat]on thereto expressed, and that she (lid not wish to ~etract tt GIYEN UNDER MY HAND AND SEAL OF OFFICE, Thru day of , A D 19 iLS) Notary Pubhc, County, Texas My Commission Expires June 1, 19 WIFE'S SEPARATE ACKNOWLEDGMENT THE STATE OF TEXAS, ~ BEFORE ME, the undermgned authority, COUNTY OP ]n and fo~ smd County, Texas, on flus day personally appeared md apart f~om her husband, and ha~mg the same fully explained fo her, she, the ~qld ack,owlcdgcd ~uch instrument to be her act and dee,], and she declared that she had ,zflhngly s~gned the same fo~ the proposes and con~detat~on thereto expressed, and that she did GIVEN UNDER MY HAND AND SEAL OF OFFICF,qhI~ d~y of , A D 19 (LS) Not ny Pubbc, County, Texas My Commission ExDres June 1, 19 CLERK'S CERTIFICATE THE STATE OF TEXAS, i, County COUNTY OF [ ' Clelk of tile Coun*y Court of said County, do heleby c~it]ly that the folegoll%g lllStlUllqent Of Wilting' dated on thc da~ of , A D 19 , ~v}th its Certificate of Aathenhcat)on, ~aqs filed fo~ ~ecozd m my office on the day of , A D 19 , at o'clock M, ami duly ~eco~ded thru day of A D ]9 , at o'clock M, in the WITNESS MY HAND AND SEAL OF THE COUNTY COURT of smd County, at office m , the day and ~oai last qbe e ~,ntten County Clerk County, Texas (L S) By , Deputy RESOLUTION WHEREAS, the C~ty of Denton f~nds it necessary to dispose of a certain tract of land located in the City of Denton, Texas, and more fully described below; and WHEREAS, the below described parcel of land was let for bid on September 16, 1980, and the highest bid of One Thousand and No/100 (1,000.00) Dollars was awarded to Denton Concrete Co ; WHEREAS, the City of Denton and purchaser of sa~d parcel, Denton Concrete Co., agree that a consideration of $1,000.00 is a fair and agreed value of such described property, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT 1. The C~ty Attorney is hereby authorized to prepare whatever legal documents are necessary to complete the transfer of property so described below, All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the Hiram Sxsco Survey, Abstract No. 616, and being a tract of land as conveyed from Aver Mae Garrett to the City of Denton by deed dated September 21, 1979, and recorded in Volume 975, Page 962 of the Deed Records of Denton County, Texas, and more particularly described as follows. BEGINNING at the ~ntersectlon of the North l~ne of East Prairie Street with the West line of the M~ssour~-Kansas-Texas Railway Company right-of-way; THENCE West with the North line of Prairie Street 45 feet, corner in said line, THENCE North 50 feet more or less, corner ~n South line of Texas ~ Pacific Railway Company land, THENCE East with South line of said T~PRR Co. land 45 feet, corner in West line of Missouri-Kansas-Texas Railway Company right-of-way; THENCE South with said line $0 feet, more or less, to the place of beginning, and embracing the East 45 feet of a certain lot of land conveyed by John Alexander and w~fe to W. C. Klmbrough by deed dated the 18th day of October, 1922, recorded in Book 181, Page 516 of the Deed Records of Denton County, Texas. 3. This Resolution shall take effect Immediately from and after its passage and approval in accordance with the prowslons of the Denton City Charter. the ~- day of~, 1980. ~I~HARD O~STEWKRT, MAYOR CItY OF DENTON, TEXAS CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS KNOW ALL MEN BY THESE PRESENTS: ' COgN~Y O~ DENTON That the City of Denton, Texas, a municipal corporation of the County of Denton ~md S~e of Texas , for and in consideration 0f thesumof One Thousand and No/100 ($1,000.00) ....... ..................................... DOLLARS, to it in hand paid by Denton Concrete Company, of the County of Denton and State of Texas , the receipt of which is hereby acknowledged, do, by these presents, BARGALN, SELL. RELEASE, AND FOREVER QUIT CLA1M unto the said Denton Concrete Company, its helm and assigns, all our right t~tle and interest ~n and to that ce~mn tract or par- cel of land lying in the County of Denton and State of Texas, described as follows, t~w~t All that certazn lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the Hiram Slsco Survey, Abstract No. 616, and bezng a tract of land as con- veyed from Aver Mae Garrett to the City of Denton by deed dated September 21, 1979, and recorded ~n Volume 975, Page 962 of the Deed Records of Denton County, Texas, and more particularly described as follows BEGINNING at the Intersection of the North line of East Prairie Street with the West line of the Missouri-Kansas-Texas Railway Company right- of-way; THENCE West with the North line of Prairie Street 45 feet, corner in said line, ' THENCE North 50 feet more or less, corner in South line of Texas & Pacific Railway Company land; THENCE East with South line of said T&PRR Co. land 45 feet, corner in West line of Mmssourl-Kansas-Texas Railway Company right-of-way; THENCE South with said line 50 feet, more or less, to the place of begin- ning, and embracing the East 45 feet of a certazn lot of land conveyed by John Alexander and wife to W. C. Klmbrough by deed dated the 18th day of October, 1922, recorded in Book 181, Page 516 of the Deed Records of Denton County, Texas TO HAVE AND TO HOLD the said premises, together wth all and singular the mghts, prl~- leges and appu~enances th~eto m any manner belonging unto the smd Grantee, its heirs and assigns, forever, so that neither the Grantor nor 1 t s heirs, nor any person or persons clmmmg under 1 t shall, at any t~me hereafter, have, claim or demand any r~ght or title to the aforesaid premises or appurtenances, or any part there- of WITNES~ my hand at Denton, Texas, thru the ff~- day of December, A D 19 80. Witnesses at Request of Granter _C_ITY ATTEST~L ~/. ~ff/'- ~.~----- . _.B_Y ._~~ ~-R~ HOLT, CITY SECRETARY CITY OF DENTON, TEXAS SINGLE ACKNOWLEDGMENT TI-.E STATE OF TEXAS, COUNTY OF DENTO~I ) BEFORE MI~, the undersigned authority, inand for said County, Texas, on this day pmsonally appeared Richard O Stewart, Mayor o f the C~ty of Denton, Texas, known to me %o be the person whose name 1 S subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therem expressed GIVEN UNDER MY ~{AND AND SEAL OF OFFICE, Th~s ~ day of Deck.er ,A D 19 80 (L S ) ~ L~ Notary Pubhc, D~nton County, Texas ~y Comm~s,on Expires ~ c~-~. ~ JOINT ACKNOWLEDGMENT THE STATE OF TE~S, ~ BEFORE ME, the undersigned authority, COUNTY OF m and fm said County, Texas, on this day pe~sonally appea~ed and h:s wife, both kngwn to me to be the persons ~hose names a~e subscribed to the foregoing instrument, and acknowledged to me that they each execut~ the same fo~ the proposes and cons~derahon thereto expressed, and the sa~d , wife of the smd having been examined by me puvlly and apart from he~ husband, and hawng the same fully explained to her, she, the sa~d acknowledged such instrument to be her act and deed and she de(lared that ~]~e had %~Hhngly s~gned the same for the purpose~ and consideration thereto expressed, and that she d~d not ~mh to retract It GIVEN UNDER MY HAND AND SEAL OF OFFICE, Th~ day of , A D 19 (LS~ Not,~r) Pubhc, County, Texas My Commies,on ~xp~res June 1, 19 WIFE'S SEPARATE ACKNOWLEDGMENT THE STATE OF TEXAS, ~ BEFORE ME, the undersigned authority, COUNTY OP in and for slid County, Texas, on th:s day personally ~ppealed , wife of known to me ~o be the pe~son whose n~me ~s subscribed to the folegmnx m~t~ument, and having been examined by me p~v]ly and apart fiom bet husband, and having the same felly explained to her, she, the acknowledged ~uch m~trument to be her act and deed, and she declared that she had wl]hngly signed the same fei the purposes and cons]deletion thelein expressed, and that she did not wish to letr~t It GIVEN UNDER MY }lAND AND SEAl 0F OFFICE,Th~s day of , A D 19 (LS) Notary Public, County, Texas }iv Commms~on Expires June 1, 19 CLE~{'S CERTIFICATE THE STATE OF TEXAS, ~ I, , COUNTY OF C](~k of [he County Coult of said ~oun~y, do heleby ce~tlfy that the foregonlg instrument of writing dated on the day of , A D 19 , tilth its Celtlficate of Authentication, %vas filed lec~ldln my o~ceon the dayof ,A D 19 ,at o'clock ~I,and duly leco~ded this day of A D 19 , at o'clock M, m the Record~ of ~a]d County, ul Volume , on WITNESS MY HAND AND SEAL OP THE COUNTY COURT of sa~d County, a~ office m , the day and }ea~ last abo~e ~,ntten 0aunty Clelk County, Texas (L 8) By , Deputy o ~ ~ ~ o o