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HomeMy WebLinkAbout1966 i'. ii zi i% L . aCos , THE FOLLOWING ARE WARRANTS SERVED: January 1965 - 29 1,~• February 1965- 19r© I7'! Q March 1965- 14 April 1965- 56 May 1965- 21 June 1965- 14 July 1965- 21 August 1965- 29 Septemberl965- 30 October 1965- le November 1965- 29 December 1965- 5 285 THE FOLLOWING ARE WARRANTS SERVED FOR 19661 January - 53 February - 21 March - 0 April - 17 I May - 73 June 34 J July - 17 1 August - 70 September - 27 October - 32 November - 70 December - q5 459 71 122 served for a total amount of $3,357.00 with a full time warrant officer for the month of Now»r. ems) J5Y67, For the year 1965 there was no warrant officer a, .4144,011 i I r For the year 1966 fthere)J was a part-time w:Arraant officer. WGIYYAriTS /~ANI GtRY~ aVer'4 ~/~►t~ 0. 1 I' WORANTS SERVED IN NOVE13ER Johne $ 10000 I h Roamin 39.50 Hano 36.00 1'iilsor. v ?6.00 Reeder 3. Smith 18000 J.00 8MB 1.`orria 20,00 a Snol1 20000 0,-00 'Orris 27060 S 1as Sbottor 107.;0 Morrie r $r 16.00 Trail 37.60 3x.00 Logan 10.00 F.ealy 2R.OU Huppard 40.00 Caldwell 32. .60 Adams 22.60 Claytor 28.00 Halley ey 20.00 Smith 42.60 Smith 27.60 Knowlea 310 00 00 Smith 32.60 Sitv 28. Cray 32.50 Watkino 26.00 lionry 20.00 Watkins 40.00 t ~~Np Allon 16.00 Han 1""n&L y 25.00 Rushin son 26.00 23.00 Mithhell 20.000 0 Hord 25.00 Lyn oh 28.00 { 1'arr Andaraon 47.60 ie 47.60 MoVarling 26.00 Riley 16 Scott 30.00 MoFarling 26.00 20 Burnll 30600 Goodall 20.0000 ',oBrido 22.50 O ~O,yQ Elliot 26.00 `aBride 4'7.60 f Keleoo 10.00 Keith 3000 $3367.00 Thompson 27.50 Byrne 16.00 .r 301,00 Griffin 31460 Burdio}• 10000 Horn 26000 Rengon 27.00 Vrana 25.00 1'ihite 37.60 3 O~~ © Blaolc 20400 rhito 32*60 Higgs 16000 Walters 20.00 Riohard 33.60 Allen 25000 Martinez 20.00 Oookreil i0.00 r 0 ~~ONd Holley 16000 ra n 16600 Smith 30600 Hunter 10.00 Jones 18600 Harper 23000 Beloher 29.00 Benton 4340 Meadows 5000 Sparkman 28.00 Howard 30.00 rfebb 30.00 KB= Brigand 27060 f~othei 26.00 Kuhn 32060 Fain 30.00 Collins 20600 Williams 60000 i Oanus 26,00 Harris 28400 Soott 22.00 Venable 24,60 Handy 20000 Hull 26.00 ' Soon Perkins 10600 11.00 Chandler 20.00 Soott 11.00 Hooffler 20.00 Vatoalf 26000 Rail,n 30400 Raspbery 37.60 Spencer 37.00 Bayeanger 33.00 Redding 38400 Taylor 27060 Reed 42.60 Cooper 16000 Fiend 32060 }dusk 17.00 Bartis 32060 Copeland 27.60 Bradshaw 26.00 Atohesan 20.00 Bro,m 17400 R Lair 18 60 igghuz 16.00 Bradshaw (40a00.~ oounty ?Nair 20.00 Jaokson oouhty Oraos 20000 00 I COLEMAN & \WIAITTEN AI roRN I! YS. A I. LAW DENTON, TEXAS Colemm Uull dlnv - ~ [!gel L. CaIeroan Janua~y 16, 1967 I. Royce Whltlln L i Mr, Jack Reynolds City Manager City of Denton Municipal Building Denton, Texas r Lear Mr. Reynoldsi Pursuant to the provisions of a lease dated March 1, 1962, by and between Sevvie A. Taliaferro, Lessor, and Carpenters' Union Local Vo$ 1526 (duly executed by the Trustees of saiderin, Union) as Lessee, and by the said Taliaferro as Lessor, a certain lot 37 x 150 feet and being a part of aBlock No, nd being 19 of the subdivision of the BBB & CRR Company t.same property described in said leas dated acting March 11 1962ttheh Lessee,~Carpentera Union Local No. its duly authorized Trustees and by and through its attorney designated to prepare this letter, do hereby give written notice t to the City of Denton that said Lessee, Carpenters' Union Local No, 1526, does hereby exercise its option to lease the above described premises on the same terms for an additional term of ! five years beginning March 1, 1967, and ending March 11 1.112. { This written notice is given more than thirty (30) days before the expiration of said lease of March 11 1962. Attached $45.00 for the first hereto s is a rental cashier's o a new check or exin the tended sum of lease, month Please acknowledge receipt. i Very truly yours, COL"£jt7 AN & WHITTEN J Royce ~i tten, Attorney es gnatea to prepare notice kq~ on c. 0' v tan Barnett ~j Ana a ear r, . o, r; L Mr, Jack Reynolds January 16, 1967 Page Two John W. Mozingo Nolan Barnett Winchell O'Rear Trustees of Carpenters' Union Local No. 1526 in the City of Denton, Denton County, Texas RW/bp ' Enclosure CCs Mr. Brooks Holt City Secretary City of Denton Municipal Building Denton, Texas CCs Mr. Jack Barton City Attorney City of Denton Municipal Building Denton, Texas REGISTERED MAIL 1 t' I 1 J r w~ W If di FIELD NOTES ` BEGINNING at the Northeast corner of a 1.418 acre tract conveyed to Eugene R. Black, by Delta Sigma Phi Fraternity, iiJ deed dated October 70 1960, and recorded in Volume 460 Denton Count , gaga 657 of the Deed Records of tract herein }described,aandplying binn thehWert rl.inesofcHighland Park Road THENCE West with the North boundary line of said Black tract to a point for a corner 5 feet West of and perpendicular to the West line of Highland Park Road; THENCE South five feet Wart of and parallel with the West line of N Highland Park Road a total distance of 100 feet to a point for a corner five feet West of and perpendicular to the West line of Highland Park Road, said point lying in the South Boundary ling of said Black tract same being the North boundary line of a tract of land conveyed to r= Robert A, Nichols by Jeffie Lou Harvey Pecor, by deed dated April 21, 1965, and recorded in Volume 522, page 218 of the Deed Records of Denton County, Texas; THENCE East with the South boundary line of said Black tract to an automobile axle in the West line of Highland Park Road, to the C Southeast corner herein described, and being the Southeast corner of said Black tract; ~ THENCE North, with the West line of Highland Park Road, 100 f foot, to the point of. Beginning, containing in all 0,011 acres of land, ~I I ~ E E i f I it i-' k t , I 0-110-STANDARD SALE CONTRACT Martin Stationery Co„ Dallas, Texas , I' THE STATE OF TEXAS BY THIS AGREEMENT AND CONTRACT, COUNTY OF DENTON 11 CXTY Or DENTON, TEXAS, acting by ail,d thWuUh JP= L. jWYNOLD80 PartiesJ its manager # horeinafter called Seller, acting through the undersigned and duly authorized Agent, hereby sells and agrees to convey unto NORTH TZXU STAT3 UNIVERSITY , hereinafter cnllud Purchaser, i' the following described propertyi Lying and situated in the City and County Of Denton, State Of Texas, and being a parts[ Lot No. One (11) of the Cy Lowe Addition to Denton and being the same property 00AVe e4 i by S. to Self to the City of "nton, less, however, a st^r P the Nast s Properties 11 purepgs*& and the balancedofpsaidilotoconsistingiof 131,79941lt square feet. j~ P"Ohaner is to got possession by Nowwtber 24, 190a I It the improvements shall be damaged or destroyed from any CAR$* i before deal is closed, this contract at the election of lPurehaa+sr way terstinate and be without further force or effect* the purchase price Is i 2 6 , 20 S . 34 payable as follows: i f Cash (of whloh Purchaser has deposited with the undersigned Agent as part payment, receipt of which Is hereby acknowledged by said Agent) I i. Seiler is 'to >re04iVe all Cash for said property at time of closing i Terms I ~ i s The said executed note to be secured by Vendor's Llen and Deed o4'f rust with power of sate and with the usual covenants as to taxae, insurance, and default. Seller agrees to furnish fhVtler'+ Title Policy w aeld property, which shall be conveyed free and claty of any and all encumbrances except R ~te a perein. `c`i •~N. NL. as a.t TnilAi war. A-11 'GiHr, 4• SINGIM14 ACKNOWLEDGMENT THE STATE OF TFYAS, BEFORE ME, the undersigned authority, COUNTY OE'.. i ; In and for said County, Texas, on this day personally appeared _ _ _ _ _ V.,.............,........... _ known to me to be the person......: whoao namo................ subeeribed to the foregoing instrument, and acknowledged to me that he oxeeuwd the samo for tho purposes and consideration therein expressed. OIVL'N UNDER b1Y IIAND AND SEAL OP OFFICES, This :............day of...,.............. , A.D, 19........ i (L.S) Notary Public, .......................................................County, Texau biy Commisalon Fxpires Juno 1, 10........ y THE STATIC) OF IEXAS JOINT ACKNOWLEDGMENT , COUNTY 01 -1, BEFORE ME, the undersigned authority, _ 111 C-110-STANDARD SALE CONTRACT Martin Stationery Co, llallae, Texas y THE STATE OF TEXAS BY THIS AGREEMENT AND CONTRACT, COUNTY OF DUNTON - f CSTX OP DENTON, TiS.W aoting by and through JA,CY% Lo R91!NOLDB t Parties 'I its manager r hereinafter called Seller, acting through the undersigned and duly authorized Agent, hereby salts and agrees to convey unto IllfI I NORTH TEXAS SPATS UNIV )WITY hereinafter called Purchaser, the following described propertyi Lying and situated in the City and County Of 064ton, State of Tsxaz, and being a partaf Lot No. One (14) of the Cy 11 Lowe Addition to Denton and being the Saxe property aonvMyed i; by S. I. self to the City of tvnton# less, however, a Stirp Properties J taken off of the Hast side of said Lot by the City for street purposes and the balance of said lot consisting of 13,799.19 aquare fast. f ~E Purch"ar is to get possession by November 24, 1969. j ,I If the 1mpxavetaents shall be damaged or destroyed from 4l1Y Cause i before deal AN C100104, this contract at the election Of PUKchaser stay terminate and be Without further force or effect. I the purchase price is $ 26, 205.34 payable so followai Cash (of which Purchaser has deposited with the undersigned Agent I I f as part payment, receipt of which is hereby acknowledged by said Agent) I Geller is to receive all cash for said property at time of closing '1111 Terms E j i j The sold executed note to be secured by Vendor's Lion and Dead of Trust with power of sale and with the usual covenants as to taxes, Insurance, and default. i Saller agrees to furnish Owner's Title Bolicy to said proporty, f which shall be convoyed free and clear of any and all oneumbrnnees except those named herein, In accordance with the terms of the Real Estate License Act of the State of Texas, you, as pur. chaaarn are advised that you should have the abstract covering the real eatnte which Is the subject of this s contract examined by an attorney of your own selection, or that you should be furnished with or obtain a "Hey of title Insursn;,e. If abstract is furnished, Purchaser agrees %Rhin ten days from the receipt of said abstract rr11i0 either to sceeppt the title as shown by said abstract. or to return It to the undersigned Agent with the written objectinns to the title, If the abstract Is not returned to the Agent with the written objections noted within the time sp"Ifled, it ahnil be construed as an acceptance of said title, If title policy Is fur. rdshed, Purchaser agrees to consummate the sale wlth+- ten days from data title company approves title, it any title oblactions are made, than the Sf ila Agent shall have a reasonable time to cure said ob ectionn and spew good and marketable tUlk event of failure to furnish good and marketable title, the pu those money hereby recelptwt for is . _ be returned to Purchaser upon the cancellation and return of this contract, or Purchaser may enforce spoeltic performance of same Seller agrees when the title ob))actluns have been cured to deliver a good and sufflelent denerpl f warranty Deed properly conveying sa[d property to said Purahaser, and Purchaser agrees, when said deed Is presented to pay the balance of the cash payment and execute the note and Deed of Truat Closing hereln provided lar, guy the Purchaser tail to consummate this contract as specified for any reason, except title defeeta, Sailer shall have the right to retain said cash deposits as liquidated da nagea for the breach of this contract, and abl .y to Agent therefrom the em of or Seller may enforce specific performance of this contest Taxim Taxes for the earrent year, the current rents, Insurance, and interest, (if anv), are to be prorated to date of closing, Seller turrets to pay the undersigned duly authorised ngent a commission of In cash for negotiating thin ale, It is understood that upon olosing this traaeactiont the seller Will execute and deliver a Claaaral Wakranty Dead to the State of S~e01x1 xexaa, for the use and benefit of North Texan state University At Conditions Denton, Texas, i~ It is further understood anal agread that this sale is subject to the approval of the Attorney General of the State of Texas. executed In triplicate this 24th day of sup tsubar 1 10 650 ~i This eontrant at~bject to the acceptance of Sollor Aceeptedi CITY Or OXOTON, T%x" NORTH T$BAS.-STATS tJSMIA6 x'Y f.... chaser SelloP Matithews, 1Nreei4nt Mrub tt4ger !S 71 ii i~ 'ct rr • i r CITY OF DEWPON OFFICE MEMORANDUM DATE: March 16, 1965 T0: City Manager FROM: City Attorney SUBJECT, Obscene Movie Ads Jack, a partial solution to our problem of the Student Arts Theatre would be to control their use of sidewalk and outdoor signs - which are often more obscene than the show itself. The law requires that a person keep and maintain his property in such a manner as not to constitute a public nuisance or inflict damage (to moralo) upon the public contrary to the ; I polico power of the State. These objectionable pictures can be y+ ordered removed by the city to the property owner even though such was not put on there by the property owner himself= or, we can give such notice to the tenant, J. Addison, who operates the theatre. Anything which can be considered a public nuisance which affects the life and lawful pursuits of a great number of ; people can be ordered stopped. The best procedure would be for you to ask the Council to pass a resolution, or motion, stating what the nuisance consists of and directing the City Attorney to take steps to have it corrected. This would pacify a large number of Denton citizens. Please let me know what you think about this line of attack. Q. Parton JQB/}~b ri id January a, 1965 TO THE HONORABLE. CITY MANAGERS Prior to this date the Police Departsaent has collected considerable evidence indicating that tho Royal Back Pool (Billiard) Haall, located at 113 Avenue A, in the city of Denton* I* permitting gambling, and that a licensee has openly gambled with customers, to wits Earl "Topper" Conner. This is in violation of Article 10,011 (g) and (1) of the Code of Ordinances of the City of Denton, Texas, whit;i states that a failure to prevent a violation of the terms of the Article , shall consitute sufficient cause for revocation of any license granted thereunder, This dspartment requests that the license of the Royal PA ck Billiard Hall be revoked immediately, subject to becomming j final after the expiration of 10 days according to the provisions oZ Article 10.011 (m), and a similar revocation of all Milliard liaensea issued to Earl "Topper" Conner, whether individuallyo or :Jointly with others. i We feel theso revocations are neuensary in order to maintain the moral and lawful standards neovesary for such establishments, and for City law enforcement in general. Rempectfully submitted, this 8th day of January, 1965. l'e, putfre Ayn ,tl' city ;f Denton, Taftsf Police This pctl tion is concurrently aubmittad by the City Attorney who ;}01118 in this recduost, a R. Barton, City Attorney 6v ty of Denton, Texas I I l May 22, 1964 } . t? Honorable Earl C03-OM811 Coleman nuilding Denton, .'1' XFlu ' Over Earl, Under Articles 17,01 - 17.101 ell. 17 Title 122A, the License is I for the purpose of mxa (revenue), not to control stolen merchandise, which is a proper exercise of a City's inherent police powjW, and the only reason for our instant ordinance. The Homo Rule Amendment states, essentially, as do the enabling f statutes, that accepting cities (such as Denton) must look to i I acts of the legislature not for grants of power, but only for limitations of their powers. Texas Constitution Art. 6, Boas lD, ~ Art. l1, Bea. 51 and RoC.8. Ark, 1165 et seq., ise., the Conatitu- tion says that home rule cities have the same powers that the legis- laturs has in governing themselves, unl,ea expressly stated otherwise, Please read notw 3 under Art. 17.01 and 17.45 of V.A,R.C,9., which states the purpose of £ormcar Art. 1111d, because a suit in the district court would be more expansive, and = since we would try the case before the same pozoon as judge, and there being primarily only a question of ]aw involved, I can see no advantage to either party in auah a,aboiae of remedies, The doctrine of ultra vices does not apply to the lair waking power of b poli.Ical subdivision, therefore no ordinance properly a e ¢ is void unless and until declared so by a court of competent Jurisdiction, said even then may be saved in part by its own terms. I regret Mr. Weema'warrant was issued before I received your notification to await the letter (brief?) dated May 21, 1564, Howaver, after reading amid letter, my pooition must remain as stated herein. J I VIP I 4W Ie May 22, 1964 Honorable Earl Coleman Coleman Building Denton, 'Te'xas i ricer- tsar 1, Under Articles 17.01 - 17.10, Ch. 111 Title 122A, the Licenne 1.e for the purpose of a a n (revenue), not to control ntolen merchandise, which is a proper exercise of a City's inherent police powm;, and the only reason for our instant ordinance. The Rome Rule Amendment stater, essentially, as do the enabling ~ etatkltes, that accepting cities (such as Denton) must look to Sots of the logiolature not for grants of power, but only for limitations of their powers. Texas Constitution Ariz, 0, Geo. 1D, Azt. Ili sea, 51 and R.C.s. Art. 1166 at seg „ i.e., the Constitu- tion says that home rule cities hSve the dame powers that the leglo- s expressly stfttod otherwise. l ves, unlee atur e has in governing thrtnsel Please read note 3 under Art. 17.01 and 17.95 of V.A.R.C.s., which states the purpose of former Art. lllld, ' Nocause a suit in the district court would be more expensive, and since we would try the case before the same person as judge, and there being primarily only a question of law involved, I call eery no advantage to either party in such a.aboius of remedicae. - The doatri.ne of ultra vires dues not apply to the law making power of a pol.it:ioal subdivision, thsi:eFore no ordinance properly naas4& is void unless and u'n'til declared so by a court of competent I jurisdiction, and eve4i than may bd saved in part by its own terms, i X regret Mr. Weemal warrant was l.mmued before I rsowived your notification to await the letter. (brief.?) dated May 21, 1964. ( However, &Zter reading said letters my position must remain arc stated herein. F Ii F u I r Honorable rarl Coleman Page 2 May 220 1964 I take this opportunity to applaud Mr, weems on his choice of counsel, but would suggest that you notify Robert Buntyn, who believed he was being retained bloc. Yours very truly, { ~d Jack Q. Barton City Attorney li JQB:epb M Filed L-•85-64 bcc3 City Manager i 6 M # A.-._~w1 51w 0 i Y I; Sj `r Y E; 1 FOR VALUE RECEIV)BP, the underf3:t..aneil, jointly and severally, hereby promise to pay to the order of the City of Penton, in Denton, Texans the l,ri.ncil)al sum of ~ Two hundred sixty and '10/100 DOLIARS ($7,60.70), in lawful money of the United Statoo, with interest t_horeon from maturity at tilt) rate r.f 8% par (annum. The principal of Chia note fihal.i bet playable as follows: X11 twelvo (12) suacraosive monthly installments of $23.46 c ac),, i.nul.udinq i.ntere at at the rate of 6%, per, arfnum, the first of which sbal.1 bo due and payable the 15th do of January, 1964, and the others shall bo flue on the same canto of each nuc:consive wonth urtt:il the total has been paid in I ThIci not:cl way bo lJold in tui.l within 30 drays nf:tc:r this data for $260.701 or to deduction of unearned interest wi.i.l be itwJo for full paynioni; any time thexcl lfter , All past ciao principal and i.t,tercut shall bear interest ~ ` from altaJtur.'ity aL. the rate of 10 heal: cent por onllum. 1 ~ Xt ie ~.nlilllxsi"UOiI all(] ngroed Hint, 4rnAlur;e to play thi.u 1 note QV :ally inotaIllttellt Ai. tl7cr of pr:i.1101.pal or iltt,3re st beroon when thaw shall, at Lho election of tlan holdex hove+of, uuatur:u ho entire l7rinc6pal. Of thifs ILC,lt,? tlAd 1111 lntElrClQt: then o-aconuod . it is fal:eeC;iai l.y .'agzec>il L•klot. ! S tkli.s Rote i.s i,ltlec9d ill the hancls of an nttc~rll.ai~ for oc"13citi.oal, or. is cal.lc:utu(3 thvuiaigh ally aljoa4aoter of jud.ioial pjrocwbaro, the undoxtil.gned agree to pay JWo nddi.tional on the principal and intur,-?lrt then due as attorney's foes. Mated tn,t Denton, Texas, on the 15th day of LIt4nuaiy, A.D., 19134. Bobby Dale Wilhite I A •-,rFr: ii tti 0 4 !1 it I R 9 C 8 I P T ,7antsary 15, 1964 Rvasivad this data from 3obby P*le Wilhite on,* promissory note in tho amount of $260.70 plus interest at 0% pox annum in aonaidoration of tha full re4lossie of all dam►gaw to the City of Dontono Texas, arising from a collision with utility poles balonging to said City on or about the 4th day of January, 1964, I NI Jack btarton City Attorney City of Dontan, 'taxno-. i I I I ~ r I I 1 I I MINNOW - - 1 I ~ ~ ~;1 -~-rc ~ (vea; 7R-Rules of Cl_ rfl Procedure T _ };,brp A7)I!I'OP,N1 .6141-N,_o _t Pnrlhwllh Abin"~d Coun(Y CoarN (Hevlecd Auxus1195fl Ruia t ~ .~a_~ THE STATE O~-~ TEXAS NY giiERiFi~' OR ANY CUNSTABT,.E OF 7`HE STATE Or' TEXAS, GREFJTTNGi ' 1 You Are liaroby Gommnnded to Summon ~ ~ j Cie Manager 4 E ~~ntoni... ~~xa~.................,......................... .....................................................~~~~txioti.............. Court, .................3D~,Wean.......:......................,.... i~ ! tit be an(1 ngpear baforo the....... ~ ~ said ntt n Texan County, TpXRB, to he hold at rho County Court house n.......... r1, 1fl.. at,18 es~C...... County, nn the.... ],11'.h...,....,dny of . ' bi., then and there. to testify Rs a witness, in n c.©rtain suit now n©nding in Bald Court, n'elock, plaintiff.!!,.,, vs, I 1 u.n...... u..u u... . , 1~trna •t al R t ' styled n . r dofend o ~ t day, 4i~Y...nt...~~!~oq ' ~ f ~ No"' ~'"~n, term to tmrn, until la vfullyCedischars'ed ouit Rnd there Rttand tho Court, from p~ain$itf lend fro /ebrus„ ' 59..6, Rnd nt the lnntnnce of 6t'.h,day of..,....... j lsstted this....... ) .in snid suit. ' vau hnve oxecuted the snmo, .,I ~ Court, this writ, with your return theroon, \.......~;1 i i[eroht T~nil IQot, 1~ttt hnva you then and lhore bo£ore snu , i showinl~ how , on this the..~?~~!.......day of ~ 1Vtiness my offlclnl si~nntnro Rl...........,Ain'~A~~..~x!h'~M~.....~.....~....~ b3. ~►abru• D+ralllina >!o>'atier C.lork .............................L'1!.............. , A, D., 10......, ~ id' pan~op County /Si ~^'f.. ~i' r beauty p ~ dal ~snd~r }1.00 P,,v~ _ - ~ ; ----~.~~-~L~"-1~~G-`-"-` to wftneea Witoes mey neeegt ~ ' -~_u:~-~~ Jdlrery of togY SC ....A ~ j.~~A"~.'.L~3 'JY.I421a' ~C. ~ illite 176 end 11R req, Inn llOVnneO of o4lpdnnl, In9e''her wlh eop5', for each wilnese, end xerv re Y ~ eervlro in u<i'no, Waled m, orlxlnel ~t ~ ~ ! ~ pa,y II 1 ' Ip_ I ()F~ CER'S RF.TiJI l s ' at /...o'clock M., and executed , ) .,-day r'' A. ' Came to hand lho cy by doilvorhlg a copy of thin 5ubpoona in person to the within no ed nitne - m PLAlttt oeOEhANUlCUUH9UtANDaDIF,'fANOE tUlit 1,1114AtiF TIME FHUM COU n'f HUUdE Dolle~ Cent NA111F MonUd ttar YePr Hullr MI~ M• - Not executed as to 10 wilncaa named In thin Subpoena for the following reel- -19: . Inlloa in t)le}lat~ Ice oth)a3iubpoena, (gheriff ,nrcaasarlly truvaled ,....y'.., ex a I rctually and ~ ' PF FS.-Summoniug IYlttteas Coun a r Deputy, .....1.,,:,. miloilgo i Tell 13y F.... ACCEPTANCE OF SEA(~✓ W rho undersigns Yehitnc ~atlpte and in then uervieeaoFnsuch poem side hereof acknowledges reeeipt of a accepts f copy thereof and y (8ignature of Witness and Date I k i ~ i 4 I i T R y~.1~ q 40 ~ fl~I I ~ I I , ~ I i,` y I 1 ~f COLEMAN r 51 WRITTEN r1TT(IRNBYS,AT.LAW DEi .ON, TEXAS Earl L, Coltm,n COltmtn RUINIn, Rom Whitten ' January 7.8 1966 Mr, Jack H Q artan City Attorney City Hall Denton, Texas Re; Oakland Avenue Dear Jacks I received a with the letter from you several da ie atghoein connection I proposed obstruction of Oakland Avenueyin City oi' Denton, Texas,'.and i.n oannection with m pp s s4aive my rights to ,t^event the closing afpsaidstreet,hprovidedld the City of Denton immediately took steps to cooperate with me with the expense to the City in the paving of the short section of Oakland Avenue south of McKinney Street, h I~ I My letter is dated December almost two months since the date thereof19661 , and so farhas Iohaveen been advised, no active steps have been taken to do anything, I learned that a City Official rocentl before a ladies' grou yr in speaking indica the intended immediately to Changetedthe'thatexistingCity haarosaes Oakland Avenue and to move it further north, I have also been r informed that this is the mothod by which the City intends to close Oakland Avenue by simply moving the creek and not putting a bridge thereon, This would Certainly be an obstruction to the street, and if the City of Denton has abandoned it or intends to abandon it, they have no right to obstruct the street by digging an open ditch across it. X certainly think if this rumor is true, it would be breaking faith with the representations that have been made to me as an abutting owner, I in view of tht3 delay and lack of activity, you are advised that I now withdraw my proposal to the City of Denton, and hers and now respectfully put the City of Denton upon notice that I will not permit the closing of Oakland Avenue at any point, or the obstruction of such streets Abandon it if you wish, but obstruct it notl 1 i h f. i is OR i • w Mr, Jack Q, Barton Page Two January 26, 1966 I will immediately proceed to stop by due process of law any attempt by any person acting for or under the City of Dentont Texas, or anyone else$ in the obstruction of this street. I certainly do not mean any personal affront to you or to any other official of the City of Ventono Texas, but I am compelled to protect my vested property rights and interests under the law, Please be assured that I will in the future, as I have in the pasty stand ready to work with the City of Denton on any plan which will be mutually advantageous to me as a property owner and the City of Denton as my City, but I am no longer will.ing$ in view of the failure of cooperation on the part of the Cityj to give up my valuable property rights and my valuable aoces,s I tv this streeto 1 Kindest-personal regards. Sincerely yours$ r COLB'RM ~ WHXTTLN karl L. Coleman £LCthk ~ I r -T- q V 11 MOM i .a ;r - i f March 30, 1964 y/V Mr. Paul S, Rogers P. 0. DUX 89N , Denton, Texas I Door Mr. Rogerse The wain objeotivo of the aleetion Coda dealing with sailots is to datoxmii.io a qualified voters intent, and to permit such voter sacrecy. Texas jurispr'udonas, 2d, Xlections, Saco. 117 states that a ballot should be ex;Amined in the light of the attendant aireueastances with a view to ascertaining the, intention of the voter. if the intention of the voter is clearly shown and there in no statutory provision rendering his ballot void, the ballot should be daunted as cost. f The City of Denton is not divided into precincts for municipal purposes, and each council-man is elected at large. It the ballot were to be Divided into places (loos, one place for each vacancy), and if by lot the incumbents seeking re-election were opposing each other slor the mamee place, that would mean an inoumbent would have no chance for re-election, On the contrary& the new candidate would be virtually elected by chance if uaopposed. This %muld deprive the people of their right to retain the existing Council, and in my opinion would be unconstitutional. if our City Charter divided the Qgjacil into five places, and each inotumbent would soak ra-olaotion for that place, then and only then should the O,tficial Ballot be divided into Places, i Y'urther, there is no requirement that any parson vote for more than one candidate, it only one is favored, only one should be voted for. No candidate has on ■dvantoge over any other in such a ballot, 1 Apr Or T i r. a . . t' b! Urt Paul e. Rogers v March 30, 1964 gage a ' The Making Official Ballot for the regular city elgoti.on of the City of Denton, Texas, April 7, 1964, is Constitutional, and +wets the requirements of Out City Charter* before the Ballot can be dividol into p,,aaes, the Charter must be awnded and tha Council to divided, fi Respectfully, JAWC C. Barton City Attorney WWI ft%f MWAVI City Seaxot ry 1 I i I i i i ~j I VAR 0 „s Alaril 7, 1964 1/ if r Mr, Paul Rogers P.O. Psox 895 j i Denton, Texas I! Doer Mr, ROgPre? i Tho Denton City ohart-jr provides for a City Council, and a City Maliage~ which is nppa.intOd by the, Council. When the manaflex in absent or disabled, he is to designate any qualifod administrative ufficar of the City to perform w his temporary dutiea, if the manager resigns, his successor is appointed by the Council when they kind someone suitably qualified. Until then, the administration of the City is , Ili neconsarily with the Caunoil, F f Article 1002 R.C,S. statom in part i The City Council shall provide for filling vacancies in all officme, not herein provided for. Under home-rule amendment and enabling statutes, it in necessary G to look to acta of the Legislature, not for grants of power to aocopting citioa such as Denton, but only for limitations ~ of their powers, Texas Constitution Art. 6, Liao. .A► Art. 11, Boo. 5t and R.C.R. .Art. 1,165 at seq. G In c;other words, the Constitution Maya that home rule cities ` have the same powers that the legislature has in governing themselves, unless expressly stat.ud otherwise. E i hope this information is of some holy. Xouru very truly, aack Q. Barton City Attorney .7Ull 2 apla ell b 7 I I / ! February lx, 1966 E Dickey Charles 314 N. Mulberry I Denton, Texas i i Dear Mr, Chaaest The City of i?enton is atwrontl.y in the prooess of repairing the supporting walls of the drainage ditch adjoining your house at the above addrest, and in doing so has incidontly caused an inspection too be wade of the supports under this house. For your beawfit and inforaiat.ion, we feel, obligated to point out that the supports and pilings under the house are in a weakened condition, and appear to be unsafe. The *wwnt slab is silo in tad condition, and appears I to " unreinforoad, it is only a matter of time until these supports fail. If you desire fuxther information on this subject, please contact the City Manager, Jack Roynolds, or myself, Yours truly, Sack Q, Barton City Attorney { SSS JQS/ MCity Manager-" I II f i I2 I Il r.a 2 t a i 1 ti CITY OF DENTON OFFICE bMMORANDUM DATE: March 31, 1955 City Manager T0: i FM FROM: City Attorney i SUBJECT: Unsafe Structures The following structures have been deemed unsafe by the Safety Inspector, and notice of same has i t been given to the City Attorney: 705 Vine Street (occupied) just south of 800 Vine Street C y/8 V!N C ~ ` 709 Texas A 2426 W. Hickory t 2504 W. Stella 2208 W. Prairie i i 704 Industrial (Bradley) (bad) 620 industrial (had) Southwest corner of Wilson & Lakey 702 Wilson 724 Wilson i 519 S. Prairie (bad) 601 E. Prairie (bad) Jack B "on 1 !I r COLEMAN & WHITTEN ATTORNSYS,AT•LAW DEVTON, TEXAS CVlan.n bulldln. u.n t. coeron May 17 o 1965 Royce Whluen Mr.. Jack Q. B"rton City Attorney City of Denton Municipal building ~ Denton, Texas j j Dear Jack: Please be advised that Mr. Mark HwLnah-has turned over to I me your letter dated ljay 12, 1965, in which you state that I certain property belonging to him has been determined unsafe by the City of Denton and has bean condemned as unfit for human habitation under Chapter Eighteen of the Code of Ordinances. You further threaten that tL) City of Denton will remove this structure or destroy it. i You are hereby advised that we will not permit the city of Denton to destroy any property belonging to Mr. Hannahf tsd you have no authority to destroy this building even under the Corms of the Ordinance. This property is not being used for human habitation and is entiroly safe for the purposes for which it is being uao d. Via will resist with every legal force any attempt by the City of Denton to take this property in violation of the. Constitution and Laws of the United Stated of America and the state of Texas. Very truly yours, COLEMM & WHITTEN f 1 I Earl L. Coleman f E1LC:hk i .-J ter: rl COLEMAN & wywrTEN ATI OANBYS• AT - L AW DENTON. TEXAS I Cnlemw Bulldlna - Eal L. Coleman atovc. WrJOan may 17 19G5 II, Mr. Jack Q. Barton City Attorney City of Denton Municipal Building Denton, Texas Dear Jauk t k Please be advised that Mr,. M. P. Phillip:9 has turned over k to me your latter dated May 12t 1965, in which you state that certain property belonging to him has been determined unsaie by the City of Denton and has been condemned as unfit for human habitation under Chapter Eightoen of the Code of Ordinances. I You further threaten that the City of Denton will remove this structure or destroy it. I You are hereby advised that we will not permit the City of Denton to destroy any property bolongi,ng to Mr. Phillips; and you have no authority to destroy thin building even under the terms of the ordinance. i j This p:eoparty is not unfit for human habitation and is I esnrirely safe for the purpust.a !'or which it is being used. y Wo will resist: with ovary legal force any attempt by the City of Dcanton to take thin property in violation of the Constitution and Laws of; the United Stator of America an4 j the state of 'roman. Vary truly yours, COLEMAN & WRITTEN i Earl L. Coleman ~ ELCYhk 1 j ~ ^'^fie.waw"'.y^t.e...w,-..ter...,.; •..,._•..n.yw.,T.-.!.-..• ,S • If iF 1 r 1 r J I l December 200 ,1967 rf ! Robert S. Calvert Comptroller of Public Accountrs State Capital Building Austirs, Texas I Dear Siri I Enclosed herewith is a certified copy of a resolution and order canvassing the returns and doc.lariag the results of a special election hold in the City of Denton, Texas, on December 9, 1967) on the, question of adoption of a one per- s cent (1%) local salon and usa taix within said City. This ordinance was passed and approved the l9th day of December, 1967, and declared that said one percent local sales and use tax has been properly and lawfully adoptod in accordance with the provisions of Article 1066 c, Vornons Texas Civil Statutes (Acts 1967, 60th Legialatore, rvgular Session, , Chapter 36) Page 62). q Also enclosed are two maps ehowing the boundaries of the City - ' of Denton as of December 11>, 1967 which has not been changed on or subsequent to December 9, 1967 which was the data of said special election, which maps are of two different scalds in hopes that one will more suitably fit your convenience. I£ you desire further information, or it you desire a mate:; and bounds description more fully describing tho incorpo):atiad area following Teasley Lama and U. 8. Highway 377 extending from the south portion of tho city, please do not hesita-ue •Lo ask and the information will be fo%warded by return snail. Yours very truly, Jack Q. Barton City Attorney f JQBsjs I , ~ , . { n'r n I3}~,GULS r,3;l~,i'] Nr, oF' 'r11}; c].`rY coul~lczh OIL 'rF}F; c:r.mY oI~' nrsN'I'oN, 'L'iti;;ns, }1}iLD ]:Id 'P}fP f~7UN'1G71'nL }3U:C1,D]N(9 01~ :i.4:Cll CI`1'Y OIJ ']'}IIti 2rl'1'}i i unY ol~' FIs131iun11Y, n, n. ly•/o, j `~e,. ~ Wlil?1iF.AS, to comply s~r3.th ;9tiat;e regtt:lremenls in adcLtr.g II ~ needed molar bank I'acia.it3.es, the 1+'3.rst St~~ate } Dank of Denton, must make a connect3.on with exis~° t I :Lng fac3.lit3.es by instal] 3.n@; a pneusnat;i c tube from ~ } the proposed con, truction ni.te, crossj.np; under J} Locust Street to intersect its present tunnel i , t east thereof; and ~ `r WHEItI'sn5, such crossing w3."c1 in no manner interfere vrith t-1io f use of such street by the City of ])ent;on, or by any ptzb7.ie utility; L'herefore ~ j F3H; l'1' FiF.SOLV}"sD I3Y 7`FIE COUNL'TL ONE 7'liL, C:C'1'Y OTC' p}sN'PON, TFsY.AS: r that the I~':L;.~st State. Banl< oi' Dentan, Texas, i.s I hereby granted perrrd.ssion to cross under Locust j Street a vrinimum depth of thz'ec (3) feet, with i an e3.ght (8) 3.nah pneumat3.c tube, enca:aed in I concrete, sa3.d crossing to he within the area of Locust Street desez^ibed as fo].]-ayes, t;owvrit: I 13Is'G1NN]:I~dG a.t a po3.nl in the east 13.ne of T,ot 3 { in F3loclc 10 of tine Original Towns3.te of pent on, ~ j Toxas, 25.00 feet south 0° S5" east from the northeast corner of the said hot 3, east U° ].6' 110" north '(y . 31' to a paint for corner; TAhNC>J south 1.0 , 00' ; ` a J I I Tl[1~,NCF, west 0° 16' 110" south gy,30'; TFiidNCls north 0° 22' 55" west 10,00' to the point i I of beginn3.ng and oontai:ning approx3.mate].,y 0.0182. acres of land. 1, Vrovi.ded that, th3.s permissian i:s condi.tioneci upan If the compl3.ance with a.l]. the }iules and Ftegulat3ons of the G'ity of Denton regarclin~ the use of public property, and the pipe so erasing shall be in•- ~ stalled under the sszpervision of the City Street Department, and shall be approved by the City F:ngi.neer prior to installation, and shall meet and satisfy a17. :inspection requirements . T'ASSI~,D AN17 APPItOVF.D this ,-~_~.1~ day of February, A, I), ].9 %0, ~ f.'; ` i~I31~.soN ; svorl I C1TX OF ll};N'i'ON, '.CF~XAS j AT`i'L5T ~ 'J ~ ~ • - ~ ~ ; r ~ ,,1,., ; c ~RbO1CS 1i~,1', G`1Ti'Y~3~GI1~'] ftY - C14'Y OLD' UL1N'i'ON, `i'L~;XAS i AI'PH(~"U ~ 'L'0 LEGAL FOF1M i~ ! ~ j~1~„ 2, f3111,..FON, G.f.iY rs.I.iO};i3l;l G Y, OI' 1)T~1N'ibl~i, `PP;XAS I i 6 f! ~ . r.., .