Loading...
HomeMy WebLinkAbout12-1965 D~C~/~1,8~'~' /9~ ~ P L U M B E R S B 0 N D STATE OF TEXAS X KNOW ALL MEN 5: ? SSE FF'v`SEI;TS: COUNTY OF DE.NTON That we, C, F. Glover ae priraipsl and LAWYERS Sin7ETY CIRPOPATI!'PI as surety, ar& hold ani firmly bound unto Warren Whft 5on Mayor of the City of Danton, .exaa, and to his successors in office in the sum of C,.e Shocarl Dollars ($1,000.00), for the paypint of which we hereby bond ourselves, our heirs, administrators and assigns jointly and severally. :`he condition of the above obligation is that whereas the prinapal herein was granted a Plumber's License in the City of Dentin, sx&a;~ Now therefore, if the said C. F. Glover principal herein, shall at all times comply with the Crdir4a m.s of the City of Denton governing plumbing in said City and all the laws of the State of Texas which regulate PAumbing, and conditioned further that the pri,.;iysi h-rein shall fulfill any and all contracts made for plumbing work, then this obligation shall d become null and void; otherwise to remain in full force and effsct. I This bond shall be for the use and benefit of the City of Denton, Texas, and for the use and benefit of any person having a cause of action grow- ing out of the installation, alteration or repairing of any part of any plumbing or gas system by said applicant or any of his employees, or growing cut of a breach of a contract for the installation, alteration or repairing of any part of any plumbing or gas system by said applicant or any of his employees. IN TBSTIMONY WHBREOF, WITNESS OUR HktDS at Denton, Texas, this 6th day of Eieoember , 19 65 h Prinapa l LAWYERS S1IRETY CORPORATION ?4~/1 R8 lrirsa Suretle orney- n- SO ~ 0 00A rl L CS S:ATI: OF TEAS ) CIRTYiY OF DENTON ) Xnow all men by thes` :)rei,eits that I, Warren VVY.:,son, Jr., acting as Mayor of th. .:.,.y of Denton, Texas be:, auiy authorized by proper resol'. '.to,-i of the City Coun~:il o_ she City of Denton, Denton Cou-c,,,, Texas, have nude, cons,::,.uted and appointed, rind .if :.v3c 95E::L'O do Make, :on.itiz, _ _ and appoint AEROSMITH DENTON CORPORATION, a texas Charterc6 Corp- oration, the true and lawfrl agent of and for the saic: City of Denton. for t'r.e followin - purposes and none other: 1, make, acknowledge, execute and deliver agricu:.cural ground use leases nog to exceed one yea-, on t'n<,t property known anC used as the Denton .Munici..1 Aiz- .ort, situated in Denton County, Texas; 2. order, purchase and con~r,ct for such material.. and labor as shall be reasonably necessary for the pur- pose of making emergency repairs to the North - South runway situated on t.ne said Denton ::unicipal . '.rpor c . subject, however, to the condition that said agent is not authorized to nave repairs made in a mannor that would result in the creation of a lien on any City property, 3. take charge of and manage the said Den'.on Municipal Airport and to do and perform all acts that are rea- sonably necessary in the execution and promotion of the aforesaid Airport in as full and ample a manner as an ordinary prudent owner might do if personally -1_ . I • r t ~ present, other than ex?ending any woney belonging to the City of Denton; 4. to police and regulate the use of the grounds and facilities of tho :,irpc>rt, and to make and enforce r : ;:onable rules regulations pursuant thereto ti.:.ch are conl)atil,le wit?i the Ordinances of the C_ y of Denton a;id all F d .:al and State laws and re tions ir.cludin~j all F. A. 1. rules and opinions; giving and granting unto said agent full power and autncrity t•) do anu perform all and every act and thing requisic-a and necessary to be done in and zboa_ the premises of the su-id Denton Municipal Airport as fully as the City of Denton could do by any other representative. This agency agreement r.--y be revoked at. any time, ..it.-- out notice to agent, by res ~-t.tion oz ,:he Denton City c,CUncil filed with the City Secreta_y of t'le City of Denton, 7,2: as, but in no case shall this agreement:.be in effect beyond the termination date of the Air._ort: lease agreement by and bctwcen the parties hereto. CITY GY DENTON, TEXAS Warren Whitson, Jr., Mayor City of Denton, Texas ATTEST: gooks Holt, City Secretary City of Denton, Texas APPROVED AS TO LEGAL FORM: J ck 0. Barton, City Attorney City of Denton, Texas ~ 1 ~ ~ ' ~ ~ ~ ~ ~ ~ ~ o i ~'9 ' • F'P.r??rC!N rCP. C1r,1~:~C? ~0~.?;+,• C P.S'I~iC.~':~C_J :0 T:1. i:O:CORA31E CITY COJb1C;L OF iHc) CITY OF DL',rOY1 I'SXAS: 1 1J1;'E, the L'L'1.Tni~nF.:, omcr(s) of all of th,, property lir:reir describes, do hc.:tby file this, ray/our ptaitien, tlnat C'O toning clasaification of the said property ba char.gc3 from t?:e R-Doett_nn District to th,:! _ LR-Local Retail _D]stri_t un3er the provisions of Chapter 11, Parts II and III of the r,o3e of Ordinances of tro City of Dantcn, TC:xas. The said property is located or, Soripture Street ani is more par- ticularly dp.scribe.d as follows: Sea= leg aL=deaias~-viitroesd. Proposed developm-2nt plans are/are not submitted herewith. Explanation, if any, this aoninQ ohanae is requested to permlt the bu&ldina of a Medsoat CUnio. pentat OfJoes and Phw-mgr or 2ng Store. MIding p e have not been gMZeted vending soniw ohange. I e f iling fee of 'Thirty-five Dollars ($35.00). ROB t✓. o"S, r. . N. B+ see ~ a~ G 5 ~ FIELD NOTES TO 50066 ACRES IN THE E. PUCXALSXI SURVEY, ABSTRACT 996, D ENTON COUNTY, TEXAS. All that certain tract or parcel of land situated in the Eugene Puchatski Survey, Abstract 996, in the City and County of Denton, Texas, being the same land conveyed by R. L. McNabb at ux, to Ralph Bridges at ux, on May 20, 1944 by Warrcvtty Deed recorded in Volume 306, Page 183, Deed Records of said County in two tracts situated immediately West of the Bonnie Brae Addition to said City and immediately South of the Old Decatur Road (Scripture Street) and being more particularly described in a atingle tract as follows: Beginning at a fence comer at the Northwest comer of Lot 10 of said Bonnie Brae Addition on the South line of said old Decatur Road at the Northeast comer of the Second Tract in said deed; Thence S, 130 13' E. along and near a fence on the West line of said Bonnie Bras Addition 534.0 feet to a fence comer at the Southeast come.- of the Firat Tract in said deed, Thence S. 890 32' W, with a fence 482.3 feet to a fence comer at the South- west comer of said First Tract; Thence North with a fence S28.0 feet to the Northwest comer of said First Tract on the South line of the Old Decatur Road, Thence S. 890 20' E. with the South Zino of said road 360.1 feet to the place of beginning, containing in all 5,066 acres of land. tJ (ell ''~R„ too ~ j E C 1 4 Nr, Y ' ~r f r. aM ` .i rF a 5.Ob6 Ac;, s Im THE i PUCAALSK1 5uRoAB,996 IN Cl 7r o.c z EMlroll, 7'-Fx, _JAra.8,1965 G~oscA~~ I~-~o' SVPVFYOAS C£kr€FICATr-: • here- ~ corhif r , 44% Yr 1p i ~ I C. F. BALLARD 4 "-NSC-~;Ik7E5 0 6 6 A ^ O € esti41rrgd l•1 . i1 F;nn ei-ir & t3arvryaA V Oi-r:TON, 1EXk$ s, S.DG Ac• Q , y 1ALIARD 16 Or 14 ~ i b c A r u j Q I aD ~,'c rd ,4 4 ter. 0 6 6 n i Z 'a 1 ~ r i k 1 } P ' ~y or r , , 41, R } .rOr~,, `i S.88012-' a$`Z~~ ~coJl WOO Q O~ oa 4~7') i SIiFYEYOAS CF.FMWOATG rA/:x . . , r , , ,cr'., the {n R l r ♦ f r/ a rz C. F. CA 1A~'.^, r, It;lk: l O ~ I{iui•lrtr l r, , II I'vn•', t : f. '~1t1 u')nl'~ ter. D 6 6 Aye. N ; ION, I F r-"'.S VOW ,..„F i3,11.LARp.. ~ O p d ?~n': art ~ 7.3 r J. ~ r n I P.F. OF jhi '1 73 r, W40L+ 4 pl, OR 457') r~ M v(j t~l IIIIIrrtlOtlrllr Urr111 IIIII lllrll rr IIIt11111111111111111 r1110 RI7 Tr111111r ! 1 rlllllrp~~l'l11lrl 4CZ, "`357' 254.1 5. 654 (2~l ^ r ~ E fir/ r' Q n l x Cam, . _/j Y. Jc X 40~~ ..l ° /o A U✓ Q = r9 C3 ✓4- - X CS~j - r ' - if `J 94 300' O IIMYn~YM1UN... ~r.~.w..~..w.w+:..Wrww.mr.W. v......~..~.... ~X L ~Y (Date) TO THE HONORABLE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: GENTLEMEN: Relative to our Petition asking for the change in classification of 5.066 acres of land on scripture Street from OR Dwelling District" to "LR District", we are informed that there has possibly been a question that we might use the land for some purpose other than medical and related uses. In order to remove any doubt on this score, please accept this letter as our request that the property in question be zoned as Local Retail; but, limited to uses permitted in an R Dwelling District", and the following uses only, permitted in an "LR District," namely: (1) Medical Clinic; (2) Pharmacy or Drug Store; (3) Dental Clinic, We are informed by the City Attorney that this form of, "limited" or "conditional" zoning is legally permissible, and that precedents already exist. We will appreciate your favorable donsideration of our Petition, subject to the modification and amendment embodied in this letter. Respectfully yours, t 1 E s H. . Burgess 0 er, apt ee . - Wi ams, Jr, Yr~ 1 ~ ~ ~ ~ ~ ~ ~ V\~\ 4I ~ l V I ~ 1. I ~ ~ ~ ~ ` ~ ' ~ . ti r ~ ; i M 4 r r ' ORDINANCE NO, 65-51 CERTIFICATE FOR ORDINANCE DIRECTING THE ISSUANCE OF NOTICE OF SALE OF BONDS THE STATE OF TEXAS ; COUNTY OF DENTON CITY OF DENTON i+ jl We, the undersigned officers of said City, hereby certify ~I as follows: 1. The City Council of said City convened in REGULAR MEETING ON THE 14TH DAY OF DECEMBER, 1965, at the Municipal Building, and the roll was called of the duly constituted officers and members of said City Council, to-wit: Brooks Holt, City Secretary Warren Whitson, Jr., Mayor Howard Gentry Frank A. Camp, Jr. Chester A. Newland H. R. Pemberton and all of said persons were present, except the following absentees: E thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting; a written ORDINANCE DIRECTING THE ISSUANCE OF NOTICE OF SALE OF BONDS was duly introduced for the consideration of said City Council II and read in full. It was then duly moved and seconded that said Ordinance be passed; and, after due discussion, said motion, carrying with it the passage of said Ordinance, 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 1 Ordinance passed at the Meeting described in the above and fore- going paragraph is attached to and follows this Certificate; that said Ordinance 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 passage of ;aid Or- dinance; that the persons named in the above and foregoing para- graph 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 Ordinance would be introduced and considered for passage at said Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose. 3. That the Mayor of said City has approved, and hereby approves, the aforesaid Ordinance; that the Mayor and the City Secretary of said City have duly signed said Ordinance; and that the Mayor and the City Secretary of said City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Ordinance for all purpose;. SIGNED AND ;SEALED,tlhie 14t day of December, 1965. nn City Secretary Mayor (SEAL) We, the undersigned, being respectively the City Attorney an the Bond Attorneys of the City of Denton, Texas, hereby certify that we prepared and approved as to legality the attached and following Ordinance prior to its passa as foresail. City Attorney Bon Attorneys r ORDINANCE DIRECTING THE ISSUANCE OF I NOTICE OF SALE OF BONDS ~j THE STATE OF TEXAS: ill COUNTY OF DENTON CITY OF DENTON THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: ~I 1. That the City Secretary is directed to issue a iNotice of Sale of Bonds in substantially the following form: 'OFFICIAL NOTICE OF SALE I!I CITY OF DENTON, TEXAS $1,000,000 GENERAL OBLIGATION BONDS, SERIES 1966 $1,000,000 WATER AND SEWER SYSTEM REVENUE BONDS, SERIES 1966 The City Council of the City of Denton, Denton County, Texas will receive sealed bids at the Municipal Building in the City of Denton until: 10:30 AM, CST, Tuesday, January 25, 1966, for the purchase of: $1,000,000 General Obligation Bonds, to be dated January 15, 1966, and to mature serially January 15 each year 1968 through 1986. $1,000,000 Water and Sewer System Revenue Bonds, to be dated January 15, 1966, and to mature serially on July 15 each year 1967 through 1986. Sealed bids, plainly marked "Bid for Bonds", should be addressed to "Honorable Mayor and City Council, City of Denton, Texas", and must be submitted on the "Official Bid Form" to be made available by the City Council prior to the date of sale. All sealed bids will be publicly opened and tabulated be- fore the Council. Copies of the "Official Statement" and "Official Bid Form" are being prepared and will be mailed to prospective bidders on or about January 6, 1966, and will be furnished to any prospective bidder upon request, by First Southwest Company, 927 Mercantile Bank Building, Dallas, Texas, 75201, Financial Advisors to the City. f The City reserves the right to reject any and all bids and to waive any and all irregularities. By order of the City Council of the City of Denton, Texas. i BROOKS HOLT City Secretary City of Denton, Texas". ~I 2. That said Notice shall be published once in The Boad Byer, New York, New York, which is a national publication regularly and primarily carrying financial news and municipal bond sale notices; and said Notice also shall be published once i in the "Denton Chronicle", which has been designated as the official newspaper of the City of Denton. Said publications i shall be made at least thirty days prior to the day set for re- ceiving bids. t OFFICIAL NOTICE OF SALE ~I CITY OF DENTON~, TEXAS $1.10003000 GENERAL OBLICATION BONDS, SERIES 1966 $1,000,000 WATER AND SEWER SYSTEM REVENUE BONDS, SERIES 1966 `I The City Council of the City of Denton, Denton County, Texas, will receive sealed bids at the Municipal Building in the City of Denton until: 10:30 AM, CST, Tuesday, January 25, 1966, for the purchase of: $1,000,000 General Obligation Bonds, to be dated January 15, 1966, and to mature serially January 15 each year 1968 through 1986. X1,000 000 Water and Sewer System Revenue Bonds, to be dated, January 15, 1966, and to mature serially on July 15 each year 1967 through 1986. Sealed bids, plainly marked "Bid for Bonds", should be addressed to "Honorable Mayor and City Council, City of Denton, Texas", and must be submitted on the "Official Bid Form" to be made available by the City Council prior to the date of sale. All sealed bids will be publicly opened'and tabulated be- fore the Council. Copies of the "Official Statement" and "Official Bid Form" are being prepared and will be mailed to prospective bidders on or about January 6, 1966, and will be furnished to any prospective bidder upon request, by First Southwest Company, 927 Mercantile Bank Building, Dallas, Texas, 75201, Financial Advisors to the City. The City reserves the right to reject any and all bids and to waive any and all irregularities. By order of the City Council of the City of Denton, Texas. BROOKS HOLT City Secretary City of Denton, Texas . ~o tw~ `h A-96--WARRANTY DRZD-WA Simile. Joint sad Wile's Separate Ackaowled`oim4 MARTIN Statiowi Co, DaUs THE STATE OF TE "ASKnow All Men By These Presents: County of......... penton.... 12057 That I, Gude Grissom and Wife, Iola Grissom of the County of Denton Statr of Texas for and in consideration of the sum of Fifteen Thousand Dollars and No/100---------------------------- DOLLARS and other good and valuable considerations 'i to us in hand paid by the City of Denton, Texas, a municipal corporation I have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto the said City of Denton, Texas of the County of Denton , State of Texas, all that certain lot, tract or parcel of land situated in the City and County of Denton, State of Texas, and a part of the B. Be Be as C. R. R. Co. Survey, Scrip No. 1110 and being a part of Lot No. Twenty-Two (22) of the sub- division of said survey, patented to John R. Henry, Assignee, and des- cribed as follows: BEGINNING at the Northwest corner of Lot No. 10 of the subdivision of said survey; THENCE East 480 varas to the Northeast corner of Lot No. 10; THENCE North to the South Boundary Line of the right-or-way of the T. & Pa Railway company right-of-way; THENCE with the South Line of said right-of-way to the pla-e of beginn- ing, less 2 acres on the Southeast cornerDr side belonging to R. 0. Fulton and less 1.83 acres on the West side, and less a 30 foot strip off of the South end heretofore, conveyed to Vie City of Denton for street purposes and less a tract of 1.75 acres heretofore conveyed to A. E. Reed, by deed of record in Volume 2911 Page 401 of the Deed Records of Denton County, Texas, less also that certain property heretofore conveyed by us to the City of Denton, Texas, shown of record in volume 515 Page 649 of the Dead Records of Denton County, Texas, which deed was filed November 17, 1964. TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights and appurtenances thereto in anywise belonging unto the Bald City of Denton, Texas its successors, WN and assigns forever; and we do hereby bind ourselves, our heirs, executors and administrators, to Warrant and Forever Defend all and singular the said premises unto the said City of Denton, Texas heirs and assigns, against every person whomsoever lawfully clalming, or to claim the same, or any part thereof. Witneea ourbands at Denton, Texas this I7 day of f December , A.D. 19 65 Witnesses at Request of Grantor: Gude Grissom bola Grissom THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF_....... In and for said County, Texas, on this day personally appeared....._ known to me to he the person whose name ....................subscribed to tbL foregoing Instrument, and acknowledged to me that he.««.._.execated the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This_.- ......................day of A.D. 19--l.- (L. S.) Notary Public. -County, Texas My Commission Expires June 19............ THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF in and for said County, Texas, on this day personally appeared _ wife of..«.._._.... known to me to be the person whose name Is subscribed to the foregoing Instrument, and having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the add...... _.._acknowledged such instrument to be her act and deed, and she declared that she bad willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract It. GIVEN UNDER 111Y HAND AND SEAL OF OFFICE, This. .....day of........ A.D. 19 (I« S.) Notary Public _._.._......................County, Texas My Commission Expires June s.9...«.«.... THE STATE OF TEXAS, COUNTY OF Denton BEFORE ME, the undueatgncd authority, In and for said County, Texas, on this day personally appeated......... Gude Grissom and wi.fef Iola Grissom his wife, both known to me to be the persons whose names are subscribed to the foregoing tnatrument, and acknowledged to me that they each executed the same for the purposes and consideration therein exprssed, and the Wd Iola Grissom w1feof the rald Gude.Grisso1i1 having been enmlted by we privily and apart from her husband, and having the same fully explained to her, sbe, the Bald P UQ ola Grissom acknow .TV{ fit. Wged such Instrument to be her act and deed, and t~et4'red~that siw,'d'a►Illingly signed the same for the purposes and cormideratlon therein expressed, and that she did not wish A o4etrd It~ ~ J 3 Gs. , r 1JNbER,IV HAND AND SEAL OF OFFIV Tbls.....«..._ day of............ DeCf~ILber A.D. i9...6.5l.. o'. 6-, +j~ Notary Pas a .lh:A~>a..,.~61. ounly, Texas of ft d My Commission Expires June 8........... _ THE--ST TAE OF TEXAS, COUNTY OF_........_._.........._.....- County perk o! the Co Court of Bald County, do beyeby rertify that the foregoinj Instrument of writing Baled an the..... ..day of«. . A.D. 1 « . with Its rtiflate~off Authe radon, was fled for record In my ce on the.....~...f,~.....day o!_....._. A.D. a1 .a..Mllock... M, and was duly recorded thia_. day ot_ . , A.D. 11 u.L7~xrkr~'ckxk. ...M., In the Records of said County, In Vol. , on pagd..F.........«........ ~ WITNESS try hand and seal of the County Court of mad County, at elgce -y the day and year last &-bw written. Clak County Court .....W. ..__County, Texas. Hy.....([+C+r..r......,..........., Deputy. i 3 13 I ~ I ~ i i I i E < i I ~ e~ a j IQ}~ j € Q r e JULG d `J ~ j ~ i a~ j 3 ► y~ ~I p ` ~ i i\ I ~ ~ L J U ~ (lrJ E j i NATIONAL SURETY CORPORATION i CONTINUATION CERTIFICATE DE►T• CO. PRODUCTION COD[ PR[rl% IONO NLM[eR CONnNU[O FROM T[RM TO ~7~42 0301 461 LR 5-05-59-10 12-28-65 12 T12-28-66 - r ON 11[MALI OF FRA"N ELECTRIC CO., DALLAS, TEXAS IN FAVOR DI CITY OF DENTON,p TEXAS --_--DA nD AMT. Or LIAR I PREMIUM J TY►[ Or BOND I f e . ~ -i_ If 20.00 1 PUBLIC kfEDERAL OFFICIAL Q FIDELITY SURETY II 12-28-60 1 'o I ❑ Blanket ❑ Iedir, or SM. IJXAEJJ%AT f[~~~ATEI 10-29-65 FIR ~JA"~ AJ 1 In consiJeration of an agreed premium payable in advance, the Bond described above is, hereby continued in force for the period indicated. Continuation is subject to the condition that the maximum aggregate liability of the Surety under the Bond and any and all continuations thereof shall in no event exceed the amount of liability shown herein. This certificate shall be valid only when executed by an attorney •in-fact of the Surety. I NATIONAL SURETY CORPORATION A M.Tbe, of V,"on'1 Fund h~su•DOca Comp"res DALLAS 801 SURrrr - - i SRANCN OFFICE _WALWAN BROS. JINS, AGENCY DALLASp TEXAS BY _ - - _ _ M • TACT WILY • ►R9 tlCER OR AGENT AT W. P, 1♦AYNES j OBLIGEE OR INSURED r jt - MAIN 1044C 1-01 PRINTED IN U.S.A. OBLIGEE OR INSURED /j. ICI ~ r i n . I t, I f -1 V I C1 I I • L I a I ~i v I c, v! t_; I r\, r. t. a~ NO. AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, 1961, AS SAME WAS ADOPTED AS A PART OF PARTS II AND III OF CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 61-191 AND AS SAID MAP APPLIES TO CERTAIN PROPERTY KNOWN AS CITY LOT 1 OF CITY BLOCK 312 A, AS SHOWN ON THE OFFICIAL CITY MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DES- CRIBED HEREIN; AND DECLARING AN EFFECTIV^ DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That the Zoning Map of the City of Denton, Texas, 1961, adopted as a Part of Parts II and III of Chapter 13 of the Code of Ordinances of the City of Denton, Texas, under the provisions of Ordinance No. 61-19, be, and the same is here- by amended as follows: All of the hereinafter described property is hereby re- moved from the "R" - Dwelling District as shown on said map, and all provisions of Parts II and III of Chapter 13 of the Code of Ordinances of the City of Denton, Texas, as provided by Ordinance No. 61-19, shall here- after apply to said property as "A-211, Dwelling District in the same manner as other property located in the A-2 Dwelling District: All that certain property situated in the City and County of Denton, Texas, being City Lot 1, City Block 312 A, beginning at the Southeast Corner of Bernard and Lindsey Streeta; THENCE East 586 feet, more or less,along the South bound- ary line of Lindsey Street to a point for a corners THENCE South 140,feet, more or less, to a point for a corner; THENCE West 596,feet, more or less, to a point in the East boundary line of Bernard Street] THENCE North 140 feet along the East boundary line of Bernard Street to the place of beginning., This property is located on the South side of Lindsey Street and the East aide of Bernard Street. SECTION II. That the City Council of the City of Denton, Texas, here- by finds that such change is in accordance with a comprehens- ive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things, for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton and its citizens. SECTION III. That this ordinance shall be in full force and effect immediately after its passage and approval, the required public hearings having heretofore been held by the Planning and zoning commission and the City Council of the City of Denton, after giving due notice thereof. PASSED AND APPROVED this day of December, A.D. 1965. Q Warren Whitson, Jr., Mayor City of Denton, Texas ATTEST: I~ 41 //rt~ k0kdVks,Holtt City Secretary City of Denton, Texas APPROVED AS TO LEGAL POP11: ,~21k~2 - - J k Q. Barton, City Attorney 041 of Denton, Texas . _ ~ b i ,I :1 =1 w _ 1 , ` a I . ~ X .9 , ~ p v l i ' ~yf n ~J No. 0 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, 1961, AS SAME WAS ADOPTED AS A PART OF PARTS II AND III OF CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 61-19, AND AS SAID MAP APPLIES TO CERTAIN PROPERTY KNOWN AS CITY LOTS 1 THROUGH 8 OF CITY BLOCK 3015, AS SHOWN ON THE OFFICIAL CITY MP OF THE CITY OF DENTON, TEXAS, AND MORE PARTI- CULARLY DESCRIBED HEREIN; AND DECLARING AN EFFEC- TIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That the Zoning Map of the City of Denton, Texas, 1961, adopted as a Part of Parts II and III of Chapter 13 of the Code of Ordinances of the City of Denton, Texas, under the provisions of ordinance No. 61-19, be, an3 the same is here- by amended as follows: All of the hereinafter described property is hereby re- moved from the "R" - Dwelling District as shown on said map, and all provisions of Parts II and III of Chapter 13 of the Code of Ordinances of the City of. Denton, Texas, as provided by ordinance No. 61-19, shall here- after apply to said property as "A-2", Dwelling District in the same manner as other property located in the A-2 Dwelling District: All that certain property situated in the City and County of Denton, Texas, being City Lots 1 through 8, City Block 3015, located on the South side of Stella Street between Avenue F and Avenue G. SECTION II. That the City Council of the City of Denton, Texas, here- by finds that such change is in accordance with a comprehens- ive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things, for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton and its citizens. .1- i I SECTION III. That this ordinance shall be in full force and effect immediately after its passage and approval, the required public hearings having heretofore been held by the Planning and Zoning Commission and the City Council of the City of Denton, after giving due notice thereof. PASSED AND APPROVED this day of December, A.D. 1965. Warren Whitson, Jr., Mayor City of Denton, Texas ATTEST: r oks Holt, City Secretary City of Denton, Texas APPROVED AS TO LEGAL FORM: G ck Q. Barton, City Attorney ity of Denton, Texas V -2- Q E .r. en . , ~ , GM1 ,u,~ FNS y. NO. 1~ a AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, 1961, AS SAME WAS ADOPTED AS A PART OF PARTS II AND III OF CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 61-19, AND AS SAID MAP APPLIES TO CERTAIN PROPERTY KNOWN AS CITY LOT 1 OF CITY BLOCK 4027 AS SHOWN ON THE OFFICIAL CITY MAP OF THE CITY OF DENTON, TEXAS, MORE PARTICULARLY DES- CRIBED HEREIN; PROVIDING CERTAIN CONDITIONS AND RESTRICTIONS; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That the Zoning Map of the City of Denton, Texas,1961, adopted as a part of Parts II and III of Chapter 13 of the Code of Ordinances of the City of Denton, Texas, under the pro- visions of ordinance No. 61-10, be, and the same is hereby amend- ed as follows: All of the hereinafter described property is hereby removed from the "R" - Dwelling District as shown on said map, and all provisions of Parts IT and III of Chapter 13 of the Code of Ordinances of the City of Denton, Texas, as provided by Ordinance No. 61-19, shall hereafter apply to said property as "LR" - Local Retail District in the same manner as other property located in the - Local Retail District provided, however, as a condition to the enactment of this ordinance, all uses of this tract of land will be limited to uses permitted in an "«,R" - Dwell- ing District and the following uses only, which are per- mitten in an "LR" - Local Retail District: 1. Medical Clinic 2. Pharmacy or Drug Store 3. Dental Clinic or Office And no Certificate of Occupancy will be issued for any other use until this ordinance is repealed, and the -1- validity of this entire ordinance depends and is based upon the validity of this condition, this condition being a reasonable exercise of the police powers of the City of Denton, Texas, said property being described as: All that certain tract or parcel of land situated in the Eugene Puchalski Survey, Abstract 996, in the City and County of Denton, Texas, being the same land conveyed by R. L. McNabb et ux, to Ralph Bridges et ux, on May 20, 1944 by Warranty Deed recorded in Volume 3061 Page 183, Deed Records of said County, in two tracts situated immediately West of the Bonnie Brae Addition to said City and immed- iately South of the Old Decatur Road (Scripture Street) and being more particularly described in a single tract as follows: BEGINNING at a fence corner at the Northwest corner of lot 10 of said Bonnie Brae Addition on the South line of said Old Decatur Road (Scripture Street) at the north east corner of the Second tract in the said deed; THENCE South 130 13`aalong and near a fence on the West line of said Bonnie Brae Addition 534.0 feet to a fence corner at the Southeast corner of the first tract in said deeds THENCE South 890 32' West with a fence 482.3 feet to a fence corner at the Southwest corner of said first tracts THENCE North with a fence 528.0 feet to the Northwest corner of said first tract on the South line of the Old Decatur Road (Scripture streeth THENCE South 890 20' East with the South line of said road 360.1 feet to the place of beginning, containing in all 5.066 acres of land more or less. SECTION II. That the City Council of the City of Denton, Texas hereby finds that such change and condition is in accordance with a comprehensive plan for the purpose of promoting the general wel- fare of the City of Denton, and with the reasonable consideration, among other things, for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton and its citizens. SECTION III. That this ordinance shall be in full force and effect immediately after its passage and approval, the required public hearings having heretofore been held by the Planning and Zoning Commission and the City Council, after giving due notice thereof. -2- PASSED AND APPROVED this 28th day of December, A.D. 1965. Warren Whitson, Jr., Mayor City of Denton, Texas ATTEST: 1 Ile ooks Holt, City Secretary City of Denton, Texas APPROVED AS TO LEGAL FORM: - a.0,1142 k Q. Barton, City AttornV ity of Denton, Texas r ~e t 3 l P `lk ' ti J k 1 NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OT THE CITY OF DENTON, TEXAS, PROVIDING REQUIREMENTS FOR THE INSTALLATION OF PRIVATE LIGHTING LUMINAIRES; PROVIDING FOR RENTAL PAYMENT OF SAME BY CUSTOMERS; PROVIDING MINIMUM CONTRACT PERIOD OF (2) YEARS; REPEALING CON- FLICTING ORDINANCES; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE: THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Code of Ordinances of the City of Denton, Texas is hereby amended by adding new Article 17.091 to Chapter Seven- teen of said Code of Ordinances which shall hereafter read as follows: ARTICLE 17.091 - PRIVATE LIGHTING LUMINAIRES (a) Private Lighting Luminaires (Dusk-to-Dawn Lighting Service) for homes, schools, security, churches, com- mercial areas, and industry shall be provided, where feasible and in keeping with good electrical practice, as per the following specifications. (1) A self-contained automatic Dusk-to-Dawn 175 watt Mercury Vapor Lighting fixture shall be installed or caused to be installed by the City of Denton on existing pole structures for the customer at a monthly charge rate of $3.75 for a minimum two (2) year period. The charge of $3.75 per month will be added to the customers monthly utility bill and shall become an integral part of same. The City of Dentin will be responsible for making the in- stallacion, furnishing the electricity for the operation of the lamp, provide all necessary main- tenance (including the replacement of lamps) for the two (2) year period and all subsequent time addition to the contract. (2) A self-contained automatic Dusk-to-Dawn 250 watt Mercury Vapor LJ:nting fixture shall be installed or caused to be installed by the City of Dentonoon existing pole structures at a monthly rate of $4.50 for a minimum two (2) year period. The charge of $4.50 per month will be added to the customers monthly utility bill and shall become an integral part of same. The City of Denton will be respon- sible for making the installation, furnishing the electricity for the operation of the lamp, provide all necessary maintenance (including the replace- ment of lamps) for the (2) year period and all subsequent time addition to the contract. (3) A self-contained automatic Dusk-to-Dawn 400 watt Mercury Vapor lighting fixture shall be installed -1- ~ I. by the City of Denton on existing pole structures at a monthly rate of $5.75 for a minimum two (2) year period. The charge of $5.75 per month will be added to the customers monthly utility bill and shall become an integral part of same. The City,of Denton will be responsible for making the installtion, furnishing the electricity for the operation of the lamp, provide all necessary main- tenance (including the replacement of lamps) for the two (2) year period and all subsequent time addition to the contract. (4) Where necessary for proper illumination or where existing poles are inadequate the City of Denton will install or cause to be installed one (1) pole for each installed light, at a distance not to ex- ceed eighty (80) feet from said existing lines, at no charge to the Customer. Each additional pole span shall not exceed a span spacing of one hund- red (100) feet. Additional poles required to in- stall a light in a customer's specifically desired location, and not having a light installed on same, shall bear a cost of sixty-five dollars ($65.00) payable by the customer prior to installation. (5) A two (2) year contract shall be agreed to and signed by each customer desiring Dusk-to-Dawn Lighting Service authorizing fixed monthly charges to be applied to the Monthly Municipal Utilities Bill. In the event that a customer desires the removal of the unit or discontinuance of the Ser- vice the remainder of the contract shall become due and payable. (6) Dusk-to-Dawn Lighting shall be installed on wood poles with a normal ground to lamp height of ap- proximately twenty-seven (27) feet. Where a Cust- omer desires his lighting on ateel poles and/or underground cable installation, the City of Denton shall install or cause to be installed some; how- ever, the Customer shall bear the total cost above that of a normal Wood Pole installation ($65.00) and it shall be payable by the Customer prior to Installation. -2- 4i'e 11 all Ordil". 1nC )u Or l.aYtE OF OYl ik1T1:CC5 In fOYC a YJhCri the pYovisielnc of tide ordinance e _fcc~ive which arc incenzistent of in conrlict with t'tlc tern...: or provi iora contained in this o dill:l co are hereby rC7calca to th'e c%'Cc it of any such conflict. 71-,at i= any section, GLibscc:tion, pa--graph, sentence, clause, Y«4C Or word in ::his orGi:.~mCO,i or a^plication thercof to any OX CirCui 3ttmtacs is; hole; inV411d by u:oy court of col.pctent jurisdiction, such holding s,:all not ai;::!ct the validity of the refining portions of this ordinance, and the City Council of the City of Denton, Texas, herchy declare: it vould rave enacted such rosining portions despite any such invalidity. SECTION IV. That this ordinance shall become effective fourteen (14) •3,-yt; front the date of its passage, and the City Secretary is hereby directed to causo the caption, of this ordinance to be published twice in the Denton Record Chronicle within ton (10) days of the date of its passage. PASSED AIM APPROVED this 09 0 day of A. D. 1 6s. Varren t:hiteon, Jr., Yayor City of Denton, Texas ATTESTi '104rle~. Sr s Holt, City Secretary City of Denton, Texas APPRO AS TO LEGAL FORM: 7c 0. Barton, City Attorney 1ty of Denton,. Texan . F' ~ ° ai a1 I~I- YI e^ L .:u i t A ~ - ~ t{ C 5t ° ~{.f, ey {1 A ~pp F r , 4 h~ f .1 ~ ~ ti: t ; . ~ ~ .,r a; »~tl~1~~~~!p ~s l'R~3~ a.; ~*4 fir.. ..<~,v 7.,1 ^nMa^ S' s„ ~r,'. ~ i~, rbk>j i - ,ab.~3oT~q `e i, x.. wk .5~~ .R AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 28TH DAY OF DECEMBER, A. D. 1965. R E S O L U T I O N WHEREAS, the area embraced within the physical boundaries of the Counties of Collin, Dallas, Denton, Ellis, Johnson, Kauf- man, Parker, Rockwall, Tarrant, and Wise are all Counties locat- ed in the north central portion of the State of Texas, which have joint and mutual physical, economic, social, orother prob- lems which do or may require joint and mutual surveys, studies, plans and related actions in order to insure the orderly grow- th and development of the area; and WHEREAS, the above named Counties as well as incorporated municipalities, located in the above named Counties, desire to form a North Central Texas Council of Governments with the participating membership of the Council to be composed of an elective public official from each participating governmental unit to be designated by the respective governing body, accord- ing to the bylaws which we have examined and said organization may apply for and receive from the State of Texas, a Charter as a nonprofit corporation for the general purposes specified and authorized by the agreement between the respective governmentak units; and WHEREAS, it is the opinion of the governing body of the City of Denton, Texas, that it will be to its benefit and to the benefit of its citizens as a whole to become a participat- ing member of said organization; NOW, THEREFORE, BE IT RESOLVED BY COUNCIL OF THE CITY OF DENTON$ TEXAS: SECTION I. That Warren Whitson, Jr., Mayor, be, and he is hereby authorized to execute a mutual agreement with other in- corporated municipalities located in the above named Counties,- in order that the City of Denton, may become a participating member of the North Central Texas Council of Governments, creat- ed for the purposes set out above, and the Director of Finance be, and he is hereby authorized to issue a voucher payable to the North Central Texas Council of Governments for the annual dues of this municipality, established in accordance with the population bracket according to the latest United States census as provided by the bylaws of said organization. SECTION II. That this resolution shall take effect from and after its passage. PASSED AND APPROVED this 28th day of December, A.D. 1965. ATTEST s 1[ 44.,94.A J 1W e=zla S;2 - Warren Whitson, Jr., Mayor A,70~ City of Denton, Texas B s Holt, City Secretary City of Denton, Texas APPR ED S TO LEGAL FORMS Q. Barton, City Attorney ity of Denton, Texas i 1 .~A V\ + ~ ~ ~ "i - i - f•. I ~ ~~I ~ ~ J~, 1 ~ :w ~ 'i J _ ~ . ~ ~ a, n` '1fl:~H~ G r k ~ i~ `KKF T~ 1 i~ ~nN Y°•«x ~ •,P .r r, { "12 ~'A ~ $•wu: iF City of Denton Defense and Emergency Plan PREFACE I. Authority: A. Federal Defense Act of 1950 as amended B. State of Texas House Bill 784, 52nd Legislature (Civil Protection Acts, 1951) C. City of Denton Ordinance No. 65-48 II. Purpose: To provide a plan to save lives, minimize damages, restore and rehabilitate property and society, and maintain governmental control of any emergency situation. III. Fact: Civil Defense and emergency functions can only be effectively performed when local direction emanates from the existing local government. Therefore, such functions must be considered not as separate but as normal functions of each department of the City government. IV. Responsibility: The City Manager acting in his role of Civil Defense Director is responsible for defense emergency prepa- ration and operation. In the event circumst&ncess prevent the Director from acting in his assigned capacity or should personnel losses occur, the Mayor will determine the order of succession to the duties and responsibilities of the Civil Defense Director. V. Scope: This plan is designed to be general in coverage and establish the foundation for detailed departmental and organizational operating instructions, updated as required. BASIC PLAN I. Mission: To provide effective warning, control, and rehabilitiation services for emergency situations. II. Assumptions: Thermo-Nuclear and/or conventional attack, subversive activity and weather phen,-)jlena can adversely affect our City. III. Situation: The City of Denton is located in the approximate center of Denton, county at 330, 15 minutes N. Latitude, 970, 7 minutes 30 seconds W. Longitude. The elevation varies from 550 to 760 feet above sea level and the average wind direction recorded by Rawinsonde Observation at 10,000 feet intervals from 60,000 feet altitude to the surface is west to east except during summer when it chages to east to west. The average wind velocity for the same levels varies from 25 to 35+ miles per hour, but in summer drops to about 5 miles per hour. This wind data in general is true in the area within a 10 mile radius of Denton. Pro- bable targets in this area are Dallas (35 miles SE), Fort Worth (30 miles SSW), -Wichita Falls (90 miles NW) and Sherman (40 miles NE). The Denton water shed area lies to the north within a 50 mile arc from the Northwest to the Northeast and runoff is collected in the Grapevine and Garza Little Elm Reservoirs. Subsurface water is available to the City system from ten (10) wells at a maximum rate of approximately five (5) million gallons per day, with a sustained daily average of two (2) million gal- lons per day. The water, sewer and electrical systems are City owned. The General Telephone Company and the Lone Star Gas Company handle the other utilities. Military installations in the City of Denton area are not considered profitable nuclear targets. Therefore, in the event of such attack upon the United States, the probable hazards would be a massive flow of refugees and casualties into the City shelters and radio active fallout. The traffic arteries to Denton are: IH35 North to Oklahoma City and South to Dallas, Highway 24 East and West and Highways 377 and 156 to Fort Worth; Santa Fe, M.X.T. and T & P Railways North and South. There is a 4,150 foot long 150 foot wide lighted concrete runway at the Municipal Airport west of the City. Subversive activity could cause localized structural dam- age, but could be most dangerous in enciting panic and mob action among the students and other citizens. As of 1965 North Texas State University has 13,343 students and Texas Woman's University has 3,658. A 10 per cent annual growth is expectedi therefore, there should be at least 20,000 students by 1967, making a total population of approximately 40,000 by that date. 4 Natural hazards due to weather are tornadoes, high winds and floods. Warning systems for all can be worked out and should prevent a great number of casualties. Medical facilities available are a 142 bed municipal hos- pital being expanded to about, 280 beds within a year, a 62 bed hospital at North Texas State University, a 24 bed hospital at Texas Woman's University, a 15 bed osteopathic Hospital and a 200 bed Civil Defense Emergency Hospital, which is held in storage until needed. IV. organization: The City of Denton organizational structure will remain normal during emergency situations. Extra functions will be added for most departments and volunteer forces will be activated as needed. It is imperative that all personnel be trained to proficiency in their emergency duties and be thoroughly familiar with their specific departmental plan. 17. General Operation: a. Receive and disseminate warnings b. Mobilize emergency forces c. Declare an emergency when necessary d. Recommend immediate action e. Establish government activities in the Emergency Operations Center (E.O.C.) at the City Hall f. Establish emergency health and medical facilities as required g. Control traffic, maintain law and order, prevent panic and protect life and property i is OPERATIONS In the event of expected or existing emergency, the Denton Police Department will notify by the most expeditious means the follow- ing: City Manager, Deputy Director of Civil Defense, Chief of Police, and Fire Chief. The City Manager and Deputy Director of Civil Defense will imm- ediately notify the Mayor that emergency conditions exist or are impending. If the emergency is within the corporate limits of tljg City of Denton, the City Director of Defense (City Manager) or his succe- ssor will direct operations. If outside the City limits and in the county,the County Judge will direct operations of City personn- el and equipment through the City Director of Defense. The Director of Civil Defense is responsible for the direction of all personnel and equipment operating in the emergency area or in direct support thereof. He will be responsible only to the Mayor and City Council. The City of Denton Department of Civil Defense will be the base operations unit in city emergencies. Individual department heads of the City of Denton are required to prepare plans of emergency operation including alerting procedures and the order in which they desire to notify members of their departments. The department head will include an order of succes- sion to his duties in his departmental plan. When briefing personnel in connection with this plan, all persons not actually connected with the operation should be referred to the office of the Deputy Civil Defense Director for information and guidance. During emergencies all perms requesting informa- tion concerning disaster victims will be referred to the Red Cross. The Red Cross Director and Emergency Committee Chairman will func- tion as Emergency Operations Center (E.O.C.) Staff members to coordinate Emergency Assistance, Services, and Rehabilitation. The Flow Memorial Hospital Disaster Plan will govern all medical services. Such services will be coordinated through the Emergency Operations Center (E.O.C.) Staff Medical Advisor. Plans governing participation of all volunteer citizen organiza- tions or individuals and of volunteer Civil Defense workers will be coordinated w i th this plan and specific operating instructions will be developed. This or any delegation of authority or func- tion can in no way relieve the local government of its overall responsibility. Therefore overall direction must emanate from the Mayor and the City Council through the Defense Director at the Emergency Operations Center (E.O.C.). 1. Actions Under Various Conditions: a. Strategic Warnings 1. Alert all emergency forces including all City, public school and university officials. 2. Contact towns and cities and adjacent counties for coordination of emergency operations. -1- 3. Activate the Control center and operate it on a 24 hour basis. b. Tactical Warning With Fifteen Minutes or Less Warning: 1. Warnpopulation to take best available shelter. 2. Civil Defense Officials to proceed to locations of responsibility. 3. Establish communications with towns, cities and State agencies. 4. Activate shelter and care centers. C. Post Attack: 1. Determine fallout threat, sounding take cover when necessary; direct evacuation to safer areas. 2. Government agencies carry out emergency missions. 3. Furnish medical care, food, clothing and refuge as necessary. 4. Establish temporary economic controls on critical resources. 5. Direct distribution of resources including manpower. 6. Evaluate requests for assistance from surrounding areas and provide assistance; request support from State when necessary. 7. Maintain order within the City. II. Resource Control and Management: a. Economic Controls: Freezing, rationing or other resources controls, may be imposed by direction of the Governor, or by City author- ities as necessary under emergency conditions. All re- sources within the boundaries of the City, both public and private, will be used during an emergency. Federal stockpiles may be available upon request to the State Director. b. Supply: Emergency procurement and distribution procedures will be directed by the Department of Finance and shall be in effect upon a declaration of an emergency by the Mayor. All Civil Defense services will request supplies through this unit. c. Manpower: Emergency procurement and distribution of manpower will -2- be directed by the City Secretary, who will determine manpower resources and locations. All requests for man- power will be made through him. d. Transportation: The City Garage Superintendent will procure all trans- portation for Civil Defense operations as needed. All requests for transportation will go through the Garage Superintendent. III. Control and Communications: a. Control: The City of Denton municipal government supersedes all other authority within the city during an emergency. At times of emergency, cyders, rules, and regulations promu- lgated by Civil Defense shall be in effect and shall supersede nther orders, rules, and regulations as the latter may be inconsistent, but shall not be construed as to conflict with any State or Federal statute or with any military or naval rules or regulations or with the Charter of the City of Denton, Texas. b. Communications: All communications nets presently utilized by the various departments of the City of Denton will continue to be used by the same departments. Central direction and net control will be a function of the emergency operations center under tho Director of Civil Defense. In large nets, radio discipline is an absolute necessity= therefore, transmissions must be short and to the point. Operators must be trained to think before pushing the button. All dispatchers (net controls) will maintain logs of all radio traffic and will keep a continuous location record of all units operatingin their respective nets. Private communications units operating in cooperation with this plan will maintain logs and radio discipline as appropr- iate under existing Federal Communication Commission Directives. Radio Amateur Civil Emergency Service will operate and be utilized in accordance with the Itate of Texas R.A.C.E.S. plan and F.C.C. rules part 12. SPECIFIC OPERATIONS City Civil Defense Director (City Manager): The Defense Director is authorized to direct emergency operations. He will: 1. Verify existing or impending emergencies by the most expeditious means and notify the Mayor or the Situation. 2. Report to the Emergency operations Center (City Hall) or alternate as circumstance dictates. 3. Receive and evaluate reports from the scene of the emergency. 4. Coordinate efforts and direct the operations of person- nel in the emergency area. 5. Coordinate the activities of allied supporting units (t.Tmed Forces, State Department of Public Safety, etc.). 6. Coordinate all information of a public nature andinsure that the news media is informed of current conditions through the Mayor of his designated representative only.. 7. Assure that local government officials are kept current on emergency operations. Deputy Civil Defense Director When notified that an emergency exists or is imminent, the De- puty Civil Defense Director will: 1. Notify the Mayor of the situation 2. Proceed immediately to the E.O.C. (Emergency Operations Center) and initiate pyramid telephone alerting system if deemed necessary. 3. Gather pertinent information, prepare initial evalua- tion, and brief the Mayor, City Council and Defense Director 4. Stay current on all operations and be prepared to provide immediate assistance. 5. Notify when Appropriates a. Ham radio operators and other communicators through R.AC.E.S. organization b. City and County Health Units c. Directors of Red Cross and Salvation Army d. Hospitals and heads of medical organizations e. University Presidents Department of Education g. Denton Ministerial Association h. Local Federal and State Government Agencies 6. Serve as liaison between the City and State and Federal Officers as required. 7. During routine times assist department heads in prepa- ration of their emergency plans. Formulate programs, prepare plans, conduct training, and, in general, organize all elements of the 6ity to effectively cope with emergency situations. Public Utilities When notified an emergency exists will: 1. Alert key personnel and activate radio net 2. Proceed immediately to the emergency area and: a. Assess the situation b. Determine damage c. Report by radio or telephone to the E. O. C. giving information and recommended actions d. Will note efficiency or faults of operation for later discussion e. Will act as staff advisor to E. 0. C. 3. Order a radio inventory of all equipment and its location 4. In the event of radiological fallout, have City water systems switched to well water. 5. Arrange for continuous operation of all City utilities with a minimum exposure of personnel involved. 6. Train all utilites personnel in protective measures, decontamination methods and damage assessment. I 7. Work in cooperation with the Department of Public Works in repair and rehabilitation of streets, sewer, water, electrical and other utilities. The City Attorney When notified an emergency exists will: 1. Report directly to the E. 0. C. prepared to advise the Mayor and Civil Defense Director on all legal matters. The City Secretary When notified an emergency exists will: 1. Report to the E. O. C. and assist the Civil. Defense Director in operation control 2. Maintain personnel records and will maintain records of all control activities. The Garage Department When notified an emergency exists will: 1. Perform maintenance and heavy equipment operation as needed 2. Furnish required transportation 3. Be prepared to furnish transportation for the Civil Defense Hospital The City Machine Shop When notified an emergency exists will: 1. Assist the Parks and Recreation personnel in the assembly of the Civil Defense Hospital The City Police When notified an emergency exists will: 1. Receive the original alert over the radio or teletype net and will notify the City Manager, Deputy Defense Director and the Fire Chief. 2. The Chief of Police will notify the City Manager and then report in person to the E. p. C. 3. All police activity will be under the direct sup,,rvision of the Chief of Police. He is ct.arged with relaying all orders concerning police operations and 311 police units will report directly to him. 4. Police units will be trained in radiological detection and in the event of radiological attack will be dispers- ed to shelter areas through out the City to act as mobile detection teams when such duties do not conflict with their police function. 5. The Chief of Police will prepare a plan to utilize personnel available from other City departments for security 6uty. 6. The Chief of Police will act as liaison between other police units and tle Denton police. 7. Will maintain law and order, control traffic, prevent panic, protect life and property through the use of regular, reserve and volunteer police forces. Parks and Recreation When notified an emergency exists will: 1. Alert key personnel and designate assembly point if required. 2. Report to E. 0. C. for instructions. 3. Have personnel trained to set up the Civil Defense Hospital 4. Assume administrative control of the Civil Defense Hospital Health When notified an emergency exists will: 1. Alert key personnel, report in person to E. O. C. to act as Medical Advisor to Mayor and Director. 2, Be prepared to advise in the direction of casuity flow to medical units and in cor*:se disposal. 3. Take necessary measures to prevent spread of sickness. 4. Establish a food and water inspection team. Sanitation When notified an emergency exists will: 1. Alert key personnel and assemble personnel in protected areas. 2. Report to E. 0. C. by phone or radio 3. Be prepared and trained in radiological decontamination, corpse disposal and graves registration. Community Development When notified an emergency exists will: 1. Alert key personnel and have them standby in protected areas. 2. Department head will report in person to E. O. C. to advise on engineering aspects of city debris removal and in other technical matters. 3. Be trained in damage assessment and decontamination 4. Be trained in operation of City utilities as roplace- ment for losses in that area and will cooperate with utilities in rehabilitation effort. Finance When notified an emergency exists will: 1. Alert key personnel and prepare a rationing plan to be submitted for the City Council's approval. 2. Department head will report in person to E. C. C. pre- pared to keep financial records. 3. Advise Defense Director and City Council on purchase actions 4. Other male personnel standby in protected area to act as police replacements. Fire and Rescue When notified an emergency exists will: 1. Disiminate warning to the public as directed by the Fire Chief. 2. Provide fire protection 3. Provide rescue services 4. Be under the direct supervision of the Fire Chief 5. Provide radiological detection and monitoring services as required. 6. Furnish a RADEF Officer responsible for the compilation of data for the E. 0. C. 7. Be responsible for radiological detection training and organization of volunteer radef personnel. 1 ander H. Worrall, Jr. 941 D putt' Civil Defense Direc or k L. Reyn 3 s Director of Civil Defense Approved and adopted by Resolution at a regular meeting of the City Ccuncil of the City of Denton, Texas on the .2.P day of. 11c EM D /Z A. D. 1965. Warren Whitson, Jr., Mayor City of Denton! Texas ATTESTt Br oks Holt, City Secretary City of Denton! Texas t c , • ~Y 1 1 ` PETITION FOR CHANGE IN ZONING CLASSIFICATION TO THE HONORABLE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: 1 I/WE, the undersigned, owner(s) of~%all of the property herein described, do hereby file this, my/our petition, asking that the zoning classification of the said property be changed from the y ^ f/ IM District to the /7" oC - /14 (f / AF-District unler the provisions of Chapter 13, Parts II and III of the Code of Ordinances of the City of Denton, Texas. The said property is located on "WA F4 T Street and is more par- ticularly described as follows: l n ~ O C, 140 ~ ~4_ Proposed development plans are/a♦mft submitted herewith, Explanation, if any, r INS herewith tender the filing fee of Thirty-five Dollars ($33.00). .Ld7 V i ~ w 4 1 1 Fll D ` . i 1 ❑ ~ I ll..J Q a0 <a (rub v k th Q 13 L ~ U ILI in 2a.y C3;~.., M W _ Al r-J Z 76 =i.~ r I Ea enu>luuiu+lu>u~:un nunueuuuulluuauunnuunnunluunun1IRCLANWA"nn11tr11llnI 111111111 Blois oil 111111 ml ~70 =4 S 5 57 [1~i %JS ~7S BO Jf n~ UILJ u" a IL ~--f 0 w 63 r. W / . , f~ ~ l 75 ll _,..~r. G t { 0 t~ D 73 `emu m 149 ca` ®r\, 0~\ 2s;S 77 lY V ~ fill ntali unruururuunrnrnnnnrernrire iYiRAw"Ilrrmnnrrn III III nnunuuuuunrrfrrrrrrrrrrrrunnunruirr lee. p -t7 ID s~ >s ~zs s. r N Iv N I I T _1 P-- Tw) f ~ 4~ - = . , \ ~ ~ ~ ~ ~ ~c~.. p~cFn~ ~9~ MAINTENANCE BOND STATE OF TEXAS COUNTY OF DEV' ON KNOW ALL MEN BY THESE PRESENTS, That we, the undersigned PUBLIC CONSTRUCTION COIIPANY as Principal and the SELECT INSURANCE COIfPAITY , as Surety are hereby held and firmly bound unto the CI 5T[ &DDENTQ T in the penal sum of-SIX ousan seye un red thirty seven an , 37.§b3lars, for the payment of which well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns by these presents. SIGNED THIS 15th DAY OF December l9 65 , WHEREAS, PUBLIC CONSTRUCTION COTPAINntered into a written contract with the on the 26th Day of May 19 65 , for Flexible base an asphalt paving only in the Ist Section of the klontecito addition to the Citv of Denton, Texas. . which contract and the plans and specifications therein mentioned are hereby expressly made a part thereof as though the same were written and embodied herein; WHEREAS, under the plans, specifications and contract, it is provided that the contractor will keep in good repair the work there- in contracted to be done and performed for a period of one year beginning the 15th Day of December 19 65 and ending thel5th Day of Decemberg 'b>it being understood that the purpose of 5iis section is to cover only defective conditions arising by reason of defective materials, work, or labor performed by the said contractor; NOW THEREFORE, if the said contractor shall keep and perform its said agreement to maintain said work and keep the same in repair for the said maintenance period of one year, as provided, then these presents shall be null and void, and have no further effect, but if default shall be made by the said contractor in the performance of its contract to so maintain, and repair said work, then these presents shall have full force and effect, and the said shall have and recover from the said contractor and its surety damages in the premises as provided for in said plans, specifications an-A contract. PROVIDED, However, there shall be no liability on the Surety for and damage resulting from fire, acts of God, accidents, or careless or malicious handling. WITNESS our signatures this 15th day of December 1965 PUBLIC Principal By- SELE NSURANCE COMPANY Surety Bys r'~,4"~° ~ ELUS, SMITH & CO, - Attorney- n~Fact 20TH FLOOR TOWER PETROLEUM 0100. Porter Ellis, DALLAS.TEXAS 76201 lir~r STATE OF TEXAS ) COUNTY OF DENTON ) THIS AGREEMENT, made and entered into at Denton, Texa3, C NeEAf 664 ~ this _ day of lieveeier, A.D. 19650 by and between the 00 CITY OF DENTON, TEXAS, a municipal corporation, of the County of Denton, State of Texas, hereinafter for convenience some- times styled "FIRST PARTY", and AEROSMITH DENTON CORPORATION, a Texas corporation, hereinafter for convenience sometimes styled "SECOND PARTY", with reference to the Denton Municipal Airport, hereinafter for convenience sometimes styled "AIRPORT", WI TNESSETH: The parties hereto for and in consideration of the rents, commissions, covenants and agreements contained herein, mut- ually agree as follows: i. PREMISES First Party does hereby demise and let unto the Second Party, and Second Party does hereby hire and take from the First Party, certain premises and facilities, rights, licenses, and privileges on and in connection with the property and im- provements (both existent and to be hereinafter constructed) of First Party specified as said Airport, as more particularly hereinafter set forth: A. Use of Airaozts The use, in common with others authorized so to do, of said airport and all appurten- ances, facilities, improvements, equipment and services which have been or may hereafter be provided thereat, such use without limiting the generality hereof, to in- clude the following rights, licenses, and privileges: i r l- The operation of a transportation system by aircraft, the repairing, maintaining, conditioning, servicing, parking or storage of aircraft or other equipments the training of personnel and the testing of aircraft and other equipment= the sale, disposal or exchange of aircraft, engines, acces- sories, and related equipment; the servicing by Second Party or others of aircraft and other equipment, including the right to install and maintain on said airport adequate stor- age facilities, and appurtenances, including right-of-way necessary therefore thelanding, taking off, parking, loading and unloading of aircraft and other equipment; the right to load and unload persons, property and mail at said airport, by such means as Second Party may desire, with the right to designate the carriers who shall transport Second Party's passengers and their baggage to and from the airport, and, also, the further right to designate the carriers who shall transport Second Party's airborne freight, if any, to and from the said airports the right to install and operate ad- vertising signs, the general type and design of such signs to be reasonable and appropriate; the right, but not the duty or obligation, to install, maintain and operate radio, communications, meteorological and aerial navigations, and such other similar equipment and facilities in, on or about ,the premises herein leased, as may be necessary or convenient for Second Party's operations; the conduct of any other bus- iness or operations reasonably necessary to the proper, nec- essary and appropriate conduct and operation by Second Party of its business. -2- B. Space in Administration Building: The sole use of sufficient space in the new administration building now loc- ated on said airport, but in no event to exceed 50% of the whole area thereof, for such use as Second Party may desire to make thereof, compatible with the nature and intent of these presents; the use, in common with others, of all public space in the administration building; C. Parking Spaced The use by Second Party, its employ- ees, customers, suppliers and other licensees, or invitees, without charge, of an adequate designated vehicular parking space located as near as possible to the administration building. D. Additional Ground Space: The sole use of that cer- tain ground space, together with all improvements now locat- ed thereon and which may hereafter be added thereto, lying and being situated on said airport, for such uses as Second Party may desire to make thereof, compatible with the purposes and intent hereof, the same being more particularly set forth and described as follows: Beginning at a point in the North Property Line of a tract of land out of the Wm, Smith Survey. Abst- ract No. 1188, Denton County, Texas, Said tract be- ing in the name of P. F. Breen and described in Vol- ume 127, Page 183 of the Deed Records of Denton county, Texas. Said point being the Northwest cor- ner of said tract and also being in the South line of F. M. Road 1515. THENCE West with the South Line of F. M. Road 1515 a distance of 350 feet to a point for a cornerr THL"NCE North a distance of loon feet to a point for a cornert .3- s~ THENCE West a distance of 630 feet to a point for a cornerr THENCE South a distance of 1600 feet to a point for a corner; THENCE East a distance of 1164 feet more or leas to a point for a corner, said point being the most West- erly South West corner of the said Breen tract: THENCE Northerly with the West Line of said Breen tract a distance of 600 feet to the place of beginning. SAVE AND EXCEPT that certain tract of land heretofore leased by the City of Denton to P. F. Breen as des- cribed in the lease agreement dated the 25th day of March, A.D. 1958. E. Right of Access, ingrecs and Egresss The full and unrestricted access and ingress to and egress from the pre- mises for all purposes contemplated by this agreement. F. Second Party Agre#_ss 1. To indemnify the City of Denton, First Party, against such losses in connection with Second Party's operations hereunder as can be funded from Second Party's purchase of a standard liability insurance policy in an amount not less than $50,000 for each person, $250,000 for each occurrence, and $100,000 for property damager 2. To comply with all current and future laws and ordinancon and all regulations of £adaral, state, county or city airport authorities and/or agencies, and pay all taxes, and the coat of licenses and permits nec- essary for its operations, hereunder) -4- 3. To keep adequate records of income and expense and make such records reasonably available, upon request, to the Director of Finance, City of Dentont 4. To conduct its business and management in a courteous and efficient manner: 5. To provide service on a non-discriminatory basiss 6. To provide tie-down service to overnight or other transient aircraft or aircraft remaining at the airport for 24 hours or least 7. To maintain normal and customary airport etrvices during daylight hours, and man the Unicom apparatus when- ever reasonably necessary. 8. To provide janitorial service to the Airport Administration Buildings 9. To be responsible for mowing and disposition of weeds, grass and other vegetation of all such airport property, cleaning and maintenance of all areas except those designated as the responsibility of First Party, 10. To establish a flight school within one year of the contract date, and immediately have at least one suitable airplane for training and rental purposest 11. To establish a new aircraft dealership or sub- dealership or distributorship on this airports 12. To provide an a/c and a/c engine repair shop, including employment of an A & E licensed aircraft mech- anic, within one year of the date of the execution hereof: 13. To make available either by tank truck, station- ery pump or other suitable dispensing equipment, those - 5- r grades and octanes of gasoline normally found at similar airportsl 14. To provide vending machines on premises for the dispensing of refreshments, and to retain the revenue from such devices. G. First Party will accomplish the following items in conjunction with making that portion of the Denton Municipal Airport hereby leased available and operable to Second Party for a period of five (5) years from the date hereof and during any renewals and/or extensions thereof: 1. Provide and equip an administration building and provide an office therein for Second Party in said admin- istration building, and provide unicorn equipment. 2. Provide sole use of the main large hangar now located on premises, re-fabricate (re-skin) its structure to match new T-hangars, and maintain this hangar for normal wear and tears 3. Maintain all concrete and asphalt runways, taxi- ways and auto and airplane parking areas on the entire airport, including the premises herein leased or made available to Second Party by virtue hereoft 4. Pay for all utilities for the equipment described in item 5 below and all utilities to the administration building, and water for maintaining the area around the administration buildilgi 5. !Maintain all runway, taxi, and area lights and beacont 6. Provide adequate insurance for the administration building and all hangars, either now in existence or to be hereafter constructed by Pirst Party as provided here- ,y y in, and to replace or repair each in all cases of any loss compensated by insurance, within a reasonable time. H. Construction of New Hangar Facilities First Party agrees to immediately commence and thereafter speedily complete the construction of one 15,000 square foot hangar and ten T- hangars to be located on the premises herein leased by Second Party on the grounds of the Denton Municipal Airport at loca- tions to be agreed upon by both Parties in writings all work in connection therewith is incorporated within the specifica- tions, plans, blueprints and other drawings and prints or written explanatory matter thereof, as prepared and made avai- lable without cost to Second Party by the City of Denton, Texas, and identified by the endorsement of the parties hereto, which said specifications, plans and blueprints are attached hereto and marked Exhibit "All and made a part hereof for pur- poses the same as if fully copied herein. First Party hereby leases and demises to Second Party and Second Party heroby hires and takes the said demised eleven hangars, when complet- ed, To HAVE AND TO HOLD the same for such term and commencing at such time and for such consideration as is herein provided. II1 TERM EXISTING PREMISES Subject to the earliar termination as hereinafter pro- vided, the initial term of this agreement shall be for a period of five (5) years, commencing on the day of l~~r r 19650 subject, however, to two (2) consecutive five r„ (5) year options hereby granted by First Party to Second Party whereby Second Party may renew this agreement for two (2) con- secutive additional terms of five (5) years apiece, respect- ively, under the same conditons as the initial term hereof, .q. Second Party shall notify First Party in writing of Second Party's intent to exercise either or both of said options at least ninety (90) days before the expiration of the term under which Second Party is then occupying said premises. NEW AUILDINGS TO BE CONSTRUCTED BY FIRST PARTY Subject to the earlier termination as hereinafter pro- vided, the initial lease term between the parties for the eleven (11) new hangar buildings, to be constru-ted by First Party shall be for a period of fifteen years commencing on the earlier of two dates, to-wit, the date of completeion of said new eleven hangars by First Party and the delivery of possession thereof to Second Patty or the date of actual occupancy thereof by Second Partyt two (2) consecutive 5-year options are hereby granted to Second Party by First Party to rsnew this agreement for two (2) consecutive additional terms of five years apiece, respectively, noticed and at a consideration as hereinafter set forth. Second Party shall notify First Party in writing of Second Party's intent to exercise either or both of said options at least ninety (90) days prior to the expiration of the term under which Second Party is then occupying said premi- ses. III. RENTALS AND FEES Second Party agrees to pay First Party at the City Hall of Denton, Texas, a basic cash rental of one Hundred Fifty i Dollars ($150.00) per month during each month this lease is in effect, plus the additional sums as followal A. Starting with the lot day of the 25th month follow- ing the date of execution hereof, Second Party shall thereafter pay Two Cents (20) per gallon on all gaso- line sold by Second Party at or on the within leased premises, to be paid on or before the 15th day of the month following said sale, provided, however, there shall be excluded from this computation all gasoline used by Second Party, its affiliates and subsidiaries. B. Ten per cant (10%) of the cash receipts derived from aircraft storage in the main hangar this date al- ready in existence, from and after the second year of this lease period, such percentum to be increased to fifteen per cent (15%) from and after the fifth year of this lease period (i.e., during any subsequent option period), said sums to be paid each month as accured by the 15th day of the following month. C. Second Party shall have the full right of purchasing at said airport its requirements of gasoline, fuel, lub- ricating oil, grease, and/or any other materials or supplies from any person or company of its choice, and no charges, fees, or tolls shall be charged by First Party, directly or indirectly, against Second Party or its suppliers for the privilege of using, storing, with- drawing, handling, consuming or transporting the same to, from or on said airport. D, Commencing on the first day of the 13th month after occupancy by Second Party of said new eleven (11) hangars, Second Party will pay an amount in cash equal to 1/168 of the total cost of construction of said new eleven hangars, together with such interest as First Party shall be re- quired to pay for the money utilized in the construction of said hangars (in no event to exceed the sum of 5%) per -9- r annum, and, each month thereafter for the remaining 167 months of the primary term of 15 years, Second Party will pay an equal amount. In addition to the foregoing, Second Party will pay (commencing with the first month of occupancy by Second Party of said new eleven ),angars) an additional amount per month for each of the 180 months term of the lease with respect thereto, a sum equal to 1/12 of the annual cost to First Party of the insurance carried on such said eleven hangars by First Partyt additionally, Second Party will pay as rental for said new eleven hangars during the primary lease term of 15 years, on the 15th dal of each calendar month following the accrual thereof, an amount equal to 10% of all cash receipts collected by virtue of new hangar storage. In the event Second Party shall exercise eitner or both of said 5-year options herein granted by First Party to Second Party, than and in that event, Second Party shall pay as total rent therefcr to First Party an amount per month equal to 1/12 of First Panty's annual insurance cost on said eleven hangars plus 30% of all caph receipts collected by Second Party by virtue of hangar staorage, plus gasoline over-ride as set forth in "A" of this Article III, supra. IV. MAINTEMANCE OF ADMINISTRATION B71ILDING First Party agrees to keep adequately maintained the admin- istration building at all times and the public space in the administration building attractively furnished and maintained, and to provide and supply adequate light, electricity, heat and water for all apace in said administration building at no cost r1C` to Second Party. V. Second Party may at its own cost and expense, as the need therefor shall arise, erect on or install at a location to be determined by both parties hereto, at said airport, any hangar or hangars, buildings, or structures, in^luding stor- age, tanks, or other equipment, above or under ground, that both parties shall determine to be necessary for use in connec tion with its operations hereunder at terms not less favorable to Second Party than those incorporated herein. VI. RULES AND REGULATIONS Second Party covenants and agrees to observe and obey all reasonable rules and regulations which may from time to time during the term thereof be promulgated and enacted by First Party or other competent authority; provided the same are consistent with safety and do not conflict with the rules *of any Federal agency having jurisdiction thereover, and are not inconsistent with the procedures prescribed or approved from time to time by the Federal Aviation Agency or Civil Aeronautics Board for operations of Second Party's aircraft at said airport. First Party covenants and agrees to formulate, adopt and enforce local rules and regulations at said Airport which will provide, among other things, that scheduled transport planes, whenever conditions of safety will permit, will be given the right of way over other aircraft and which regulations shall control thq general public and traffic so as not to interfere with the oper- atione of the Second Party. -11- VII. First Party shall have no control whatsoever over the rates, fares, fees, or any charges whatsoever that Second Party may prescribe for any of its services by air or land, to, from, through, or at said airport. VIII. CANCELLATION BY FIRST PARTY In the event that Second Party shall file a voluntary peti- tion in bankruptcy or proceedings in bankruptcy shall be insti- tuted against it and Second Party thereafter is adjudicated bank- rupt pursuant to such proceedings, or any court shall take juris- diction of Second Party and its assets pursuant to proceedings brought under the provisions of any Federal re-organization act, or Second Party shall be divested of its estate herein by other operation of law, or Second Party shall fail to perform, keep and observe any of the terms, covenants, or conditions herein contained, or on its part to be performed, the First Party may give the Second Party written notice to correct suchcondition or cure such default and, if any condition or default shall con- tinue for thirty (30) days after the receipt of such notice by the Second Party, the First Party may, after the lapse of said thirty (30) day period and prior to the correction or curing of such condition or default, terminate this lease by a thirty (30) days written notice. IX. rANCELIATION BY SECOND PARTY Second Party may cancel this agreement, in whole or part, and terminate all or any of its obligations hereunder at any time, by thirty (30) days written notice, up on or after the J happening of any one of the following events: issuance by any .12- court of competent jurisdiction of a permanent injunction in any way preventing or restraining the use of said airport or any part thereof for airport purposes; any action of the Civil Aeronautics Board and/or Federal Aviation Agency refusing to permit Second Party to operate into, from or through said air- port such aircraft as Second Party may reasonably desire to operate thereon; the breach by First Party of any of the covenants or agreements contained and the failure of First Party to remedy such breach for aperiod of thirty (30) days after receipt of a written notice of the existence of such breach; the inability of Second Party to use said premises and facilities continuing for a longer period than ninety (90) days due to any law or any order, rule or regulation of any appropr- iate governmental authority having jurisdiction over the oper- ations of Second Party or due :o war, earthquake or other cas- ualty; the assumption or recapture by the united States Govern ment or any authorized agency thereof of the maintenance and operation of said airport and facilities or any substantial part or parts thereof. X. COVENANT NOT TO GRANT MORE FAVORABLE TERMS First Party covenants and agrees not to enter into any lease, contract or agreement with any other perosn, firm or corporation with respect to the Airport containing more favor- able terms than this agreement or to grant to any other person, firm or corporation rights, privileges or concessions with res- poet to said Airport which are not accorded to the Second party hereunder unless the sam4 rights, privileges and concessions are concurrently and automatically made available to the second Party. -13- t_ XI. ASSIGNMENT OF LEASE Second Party shall not at any tits assign this lease or any part thereof without the consent in writing of First Party, provided that the foregoing shall not prevent the assignment at any time of this lease to any corporation with which the Seand Party may merge or consolidate or which may succeed to the business or assets of the Second Party or a substantial part thereof; such consent shall not be unreasonably withheld. XII. QUIET ENJOYMENT Second Party agrees that, on payment of the rent and per- formance of the covenants and agreements on the part of the Second Party to be performed hereunder, Second Party shall peaceably hold and enjoy the leased premises and all the rights and privileges of said airport, its appurtenances and facilit- ies, granted herein. XIII. NOTICES Notices to the First Party provided for herein shall be sufficient if sent by registered mail, postage prepaid, addressed to the City Secretary of the City of Denton, Texas= and notices to the Second Party, if sent by registered mail, postage pre- paid, addressed to Aerosmith Denton Corporation, Denton Munici- pal Airport, Denton, Texas, or to such other respective addresses as either of the parties may designate in writing from time t,. time and forward to the other. XIV. RE-DELIVERY AT EXPIRATION OF LEASE Second Party will quit possession of all premises respect- -14- • • r r ively leased herein at the end of the term specified herein with respect thereto, or any renewal or extension thereof, and deli- ver up such premises to First Party in as good condition as existed when possession was taken, fair wear and tear, acts of God and the elements, as well as any other casualty not occas- ioned by the fault of second Party, and casualty covered by First Party's insurance, alone excepted; Second Party may, at its option, remove any buildings which it places on said demised `.)remises at the expiration of the term hereof, provided that First Party shall have first option to purchase any such build- ing at a price set forth in a schedule to be agreed upon prior to construction of each such building. XV. COMPLIANCE WITH GOVERNMENTAL REGULATIONS First Party warrants and represents unto Second Party, and the same is declared of the essence hereof, that said First Party, in the establishment, construction and operation of the said Denton Municipal Airport, has heretofore and at this time is complying with all existing rules, regulations, and criteria distributed by the Federal Aviation Agency, Civil Aeronautics Board, or any other governmental authority relating to and in- cluding, but not limited to, noise abatement, air rights and easements over adjoining and contiguous areas, over-flight in landin g or take-off, to the end that Second Party will not be legally liable for any action of trespass or similar cause of action by virtue of any aerial operations over adjoining prop- erty in the course of normal take-off and landing procedures from said Denton Municipal Airport; First Party further warrants and represents that at all times during the term hereof, or any -15- renewal or extension of the same, that it will continue to com- ply with the foregoing. IN WITNESS WHEREOF, the Parties have executed this agree- ment the day and year first above written, in multiple copies of like tenor and effect, each of which shall be deemed an original copy, CITY OF DENTON, TEXAS By : , -.l. . y &t-4-zz & Warren Whitson, Jr., Mayor City of Denton, Texas FIRST PARTY ATTEST: ty Br o s Holt, City Secretary City of Denton, Texas APPROVED AS TO LEGAL FORMt ck Q. Barton, City Attorney 01ty of Denton, Texas AEROSMITH DENTON CORPORATION By: Robert E. Smith, President SECOND PARTY ATTEST: Je; Secretary .16- v A 4f a x t~ e S i p } d 1 { - L, L r ~ r ecemb r 1",1 11 1 1 r r COIR47Y OF DENTON [ WHEREAS, the City Council of the City of Denton, Texas, has heretofore by Ordinance No. 64-26 , duly enacted on lRy 269 1964 determined the ne.e:sity for and ordered the improvement of _ Mo0ormiek .itreet M~ r in the City of Denton. Texas in the manner and according to the plans and apoaifications therefor, which plans and specifications have heretofore boon approved and adopted by raid City Councils and V(HEREAS, a notice duly executed in the name of the City of Denton, Texas, of the enactment of the said above described ordin- ance has heretofore on :he 10 day of June .1%4 , been filed in the Deed Records of Denton County, Texas in volume 509 , rage 382, and WHEREAS, the City Council of the City of Denton, Tcxad, by Ordinance No. 611-26, duly enacted on the 160 da,,rL of June A,D, 19_04 , declared the liability of the adjacent property owners for a portion of the cost of improving the said portion of McCormick ;itreet , and declared the some to be a lien upon the said abutting properties; and WHEREAS# in the aforesaid instruments, Lot 3.1 Block 376 in the name of W, A. Moore,Heire was shown to be speci- ally assessed in the amount of Three hundred seven dollars and four hundredths _ w; and 1 WHEREAS, the property owner's share of the cast of improving _I,ot_3_1_ Block 376 - abutting upon Mc~jorwiok atruot in the City of Denton, Texas, is . I 307.04 now therefore IN CONSIDERATION of the payment by the said A. Moore. Heirs to the City of Denton, Texas of Three hundred seven dollars and four hundredths receipt of which is hereby acknowledged, the said City of Denton, Texas, does herebv forever release and discharge the said 91 A. Pioore, Heirs _ his heirs and assigns, and Lot 3.1 Block 376 , 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 improve- ments to h]e~jorrnick itreet in the City of Denton, Texas, described in the aforesaid ordinances by the City Council of said City, and in the aforesaid notice recorded in Volume 509 Page JG_ of the Deed Records of Denton County, Texas. tt EXECU'PED this day of yCt?-kk ,A.D.196 CITY OF DENTON, TEXAS By, r. Mayor ,L V . 077 ST : j / f' ty,Secretary ~,f. Citr of Denton, Texas r I 1 1 I , I ` :alE of fr CORD the Shle of Tr } CounlY of ft / I r'i 9Y~J/C+.CiC.G[.~Llk~.,/~' ~ t7 !c C~7 ~ ~a ' a ~ m Cl) o 00 2 rc off , rr, N (py 4 ~t d ` 1905 , a y 11 a NATIONAL SURETY CORPORATION CONTINUATION CERTIFICATE D[PT. 00. PIIOD UGTION C00[ PREFIX BOND NYMa[R CONTIND[O ►RON 7[RN ~TO 7 42 ' o30i 461 s 5.05-59-10 t2-28-64 t2 12-24-65 ON ■[NAL► OF FRA"N ELECTRIC CO. IM IAVOR 0/ CITY OF DENTON) TEXAS Trr[ Or BowD _ DAT[D AMT. Of LIAR faiMILM axrCU T[D AT I i2-28-6o a 1,000000 - ~a 20.00 I~L ❑►UB, OIFiCIAL ❑FID rr L:J SURETY _ _ (uTY • aTAT[I A - DATi DALLAS) TEXAS 9-17-64 PR In consideration of an agreed premium payable in advance, the Bond described above is hereby continued in force for the period Indicated. Continuation is subject to the condition that the maximum aggregate liability of the Surety under the Bond and any and all continuations thereof shall in no event exceed the amount of liability shown herein. 'This certificate shall be valid only when executed by an attorney-in-fact of the Surety. s NATIONAL SURETY CORPORATION I A Member Of The FUND Insurance Compsm;vs DALLAS sutctY r S BY T. M. DELANOY ATYORNaY.I FACT I r M OR INSURED ~ 1 ~ ~ ~ , ~ tt I, . ~ 1 q# JP, S r UNITED STATES FIDELITY AND GUARANTY COM I ~ ~r^ , , ,t PANY 0 BALTIMORE 3 MARYLAND CONTINUATION CERTIFICATE ~I AGENT Coot • LINE CODE • SERIAL NOS • TEAR M NO FROM NREMIUM PERIOD BOND NUMBER - 67172-13-2350-5 i0 x 12-12-6 12-12-6 a + r!,f AMOUNT PREMIUM - ON BEHALF OF CLAN MILLS, INC. + 500.00 110100(Term) T7U-11 Young Street f Sal IPRINCI►ALI Dallas, Texas RENEWAL PROCEDURE Ets 13 AGENT'$ NAME AND ADDRESS Seay & Hall IN FAVOR OF Dallas+ Texas IOSLIGEEI City of Denton, Texas LOCH. ►.F. CLAII 42 1 DESCRIPTION Photo ra herls License In consideration oI the premium herein elated, the UN11W STATES FIDELITY AND GUARANTY ' < COMPANY hereby continues in force, for the P'll period described, the Bond designated above, sub. I~ ll sect to all the agreements, limitations and conditions thereof and provided that the liability under said bond and all continuations thereof shall not be cumulative. f"a OLAN ~L/Ss IN UM1JT ES FID AND GUARANTY COMPANY w s; Principal Signed.. Date,,11-rl.4-r63.(Seal) ulA ILpr r0 'r t ARmay-In-r+d ' FILE THIS CERTIFICATE t)& opggr {r, ` w r Prlnl.d in LISA I