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HomeMy WebLinkAbout03-1975 ARC14 'e ` CHICAGO & EASTERN ILLINOIS RAILROAD CCiMPAVY MISSOURI PACIFIC RAILRQAD COMPANY T},T TEXAS AND PACIFIC RAILWAY COMPANY Sh. I DETAILED ESTIMATE AND BILL OF MATERIAL PROJECT: ZV$rA44 ia, wA CXrE5 -Al- S)~CAMO~eE ST, Date 3 - 3 / 19.73 -r- ~ENTaN, TEXRS SK-62970-1 Rev.I-jW-)W Office of Signal Engineer Rate Item and Descriptiai Unit Stock No. Quoin. Per Amount Ordered Used, Unit Ancbor, Guy Kay EA 096 02415 1 -q. q9 3,9!5 Anchor Rod Gu 5 x 7 EA 096 02445 Arrester, 550V Line EA 098 00205 Arrester CV W JO Base EA 500 10415 Arrester Conn. Strip 32" 570 10455 40 Batter Carbonaire T e-3T-2 2 EA 030 03060 Batter Lea Acid 2V 00 AH EA 030 0j0 1O Batter a Acid 160 AH EMP-9 EA 030 0 0 g Bel Hwy, Xi Cantilever EA 540 05011 Bell, Hwy. n 540 05265 jw. - I 2o 2, --1 Belt Mast Reducer to with gates EA Bolt Carriage x EA 7w 01115 jj 2 2. WE, ru x 12" EA 090 01135 -19 Bolt, Thru 5 x l EA 096 5 / $o DBL ARM 578- x 1 EA 096 0 8o t, D ARM x 1 EA 01175 60 Bon Wire 7 x 5/167 EA 5 0 0 01 Bond Stra LF --5W-0.1165 20(D zAr Am Bood S ran in Dbl. entry EA 540 01 635 Bon Strand Connector Clamps Ina. 540 5 Bon Strand Tie Clamp EA 540 02415 0 e ee r EA Bond Wire Sleeve to EA 1 Bo re ber as e a LF 540 5 96 .59 Bond re leeve to EA 091 : V SK-62970-1 • Sh, 2 a e Item and Description Unit Stock No. Quan. Per Amount Ordered Use9 Unit Bcctle Way EA 5r0 0 Bootleg 1 Way EA 5 0 02055 Brace X-arm 26- J EA 0121, _ f-0-98 Bridle Rf 5 EA rigtJ 005 5 o p Bridle din 1-1 EA 00575 601 I f IPA 17' 1-16 Bog i en (rcsjmP1LETE) /40.-1 O Case Instr. Welded Hi F&RD EA 540 0 25 -a-se, a r. f 51 -le F&RD Eh 540 0,545, Csse Instr. Mod, M-9-h--Do-ale F&RD FA 5 O 0 535 Cleves Dead end s+ ins. EA 00 75 Conduit Fibre x 10 p M-1 394 Conduit Fibre x 10' EA 094 03715 Connector Visebolt Sol. to Str. EA 090 02020 /,SO[ Crossarm 10, x 3 1 x 1/4 1 EA 09601065 3 Crossaru Breakarm - McKeen EA 096 0 Curved Washer EA--- 1 C98 02525 cutout. WO V. 20 Am PSD EA 090 02375 .26 .301 p Concrete YD Compound, Signal Cement GA 1 350 75 - lo. 2A I Equalizer, HD FA 540 0 7 Flasher Way Com eas signs FA 540 05025 Flasher Base S it w Jct. Box EA 540 05205 F f, V Flasher Pole 1741T EA p 0 Flasher Big, Unit Comp. Yip-e C EA 1 540 05695 1 401 e Flasher Crossarm 2-way EA 1 540 005435 1 4(A 4W I Flasher Crossarm I-Way EA 1 540 05455 lasher on Cantilever Stationary Mast - 1 Way, Jury - 2 Wa EA 540 05009501 lasher on Cantilever Stat onar Mast- 2 Wa Jur - 2 Wa EA 540 05 lasher on Cantilever Stat oaer Mast - n Jur - Way Extra ■ on at EA 19 ti lasher & Gates. eas arm 540 05 5 bundatiaa case EA 540 06595 -A&A= o t on Flasher oun at on, Gal ea oundations HDD case gA 540 5 O Dun a_ t o` n M c LSD s e 5 TWO SK-62970-1 Sh. 3 Rate Item and Description Unit Stock No. Quan. Per Amoun Ordered Used Unit Fuse 1 125V A EA 095 00525 2 Fure Link T -A EA 095 03015 2 .9401 1 Cate arm Complete 161 to 26' EA 540 05101 Q 960,'YOI Gate arm Complete 27' to 32' EA 540 05103 Gate arm adapter EA 553 45101191 0 Gate arm shear in 2 er ate re . EA 553 45107171 4 23-401 Ground Rod 5 x 61 EA 1 096 022 p Ground Rod Clam 5 EA I OW 02265 /e Guy Hook NIF P135AX EA 098 .90 1 02515 0 Insulator, Lox Voltage EA 4ea5S 2.901 1 Insulator, Top Groove EA p Joint rn ul t& I-b. FA 2 60 - /24 Joint Insulated 45 Lb. EA O - Joint Plate abrasion EA a.go Jct. Box w/2 Terminals EA Plywood 3 x x 561, EA 230 5122 Padlock Yale EA 170 , -I I Paint, Alum GA -ff3- 15 Pin Xarm EA O1 5 Pie 3 lv. 21' Len tha LF 23 00535 Pi a Black 21' Lent a LF 323 DObb5 63 O Pole Step 5/b" x 10 EA 095 07325 MIA Paint, Black for Btr & Box GA 353 007 5 4.0701 1 Rectifier, 2. 3V 110 VAC EA 540 17035 Rectifier, 2.7A 13.5 V 110 VAC EA 5 17135 A 9A' M!- Rtctifier TCB- EA 0 0 925 Rectifier TCB- ' EA 030 lRelsy, Fir. EA 5 10 , Is I Relay, Lam control FB 300 Ohm EA 5 3003 10 / Zp Relay, Neut. FB 2 Ohm EA 5 0023410 0 Relay Neut. FB 500 Ohm EA 546 5~3 10 :3 jjj, 2o /*Ad ela Neut. SR FB See. 50 Ohm EA 5 250 ela Neut. SR FB 00 Ohm EA 546 4003450 Z /40y, Lf 282.1 ele Power transfer FB EA 546 050 s 0 J ela Neut, SR FB 400 Ohm EA 5 50 Relays XB Timer EA 546 010 120 e a Neut. FR 530 Ohm 5 500 10 0 • e a Neut. B 500 Ohm EA 5 500 0 Relay,, Neut. FB Ohm EA 00 teslstor Fixed 3 Otma EA -5-70-17325 (tsistur, Adj. 5 Ohm EA O 1 5 A-C S 170 lea stor Adj. 1.6 0bM I EA 240 113305 SK-6297D.1 Sh. b Rate Item and Description Unit Stock No. Quan. Per Amount Ordered Used Unit Screws La 1/2" x 1/2" EA 01255 .9f .3si Screws 1 x 1 RHD BX 135 1 5 to Screws 12 x 3 RHB BX 135 14745 Sir 1. A!5 n RR X1 EA 39 0 Si Track EA 393 /64 Sign, Adapter EA 540 05 675 /100 Sign, U Bolt EA 5 0 1 5 Si Crossbuck & Track Ext. Br. Cant. & Gates EA 555 222901 Sign, Cantilever Mounting Kit Mast EA 555 O2dOl3O 90, --t mr SSign, Gate Mounting Kit 5 Mast EA 555 2220091 0 317 Sin Track Mountie Kit 10 Mast EA 55 0501092 Sleeve Reducing 20 to 1 EA 091 00255 Sleeve, Nicota 10 to 1 EA 091 00355 I .25 Staple Co erweld EA 098 55 15 OT .76 Steel Drive Hook EA 520 152b5 1 0" Strandvise Reliable EA 096 02501 Strap, Cable Tie EA 540 0 305 -2.00 110 /40, Square clasher EA o98 o1470 10 --.116 Switch Entrance 30A 125V DPST EA 090 5 Switch Gage Plate Insul. Lb. EA 577 Switch Rod 1 Insul. Lb. EA 577 Switch Rod 2 Insul. Lb. EA 577 Tag, Clear EA 09235 /00 O Tag, Sheet EA 3 35 030 Tape, Electric RL 3.00 Telephone Drop Cam Terminal Bakelite 2 post EA 540 5205 Term nag test 3 post -5-WT5-ff r5- 2,2V Terming 20 Wire EA 57-2-5165 Q- .01 22 _ Terminal, #10-12 Wire Mc- -.5-17-6 25 5 0 Transformer, .300 KVA 375V EA 540 273-0W- 99.qo Transformer, Case 10 KVA 115V EA 27315 Transformer, .5 KVA 575V EX-- 540 2 15 /-46 Hire Case 1 Strand IF 099 5 O o 0 Hire Case 12 Strand LF 1099 05105 DOO O _ .13 Kire 10 RCSD 0 5 / _ Wire 10 Ins. tie LB 0 045 7 6 Z' Wire rwe d•.0 Hire Bare SD .07 Lb Ft LB 03026 Hire 1 c Twist if LF 05b25 Hire 1 W c Fig. IF 099 05915 60 5 SK-62970-1 Sh. 5 Rate Item and Description Unit Stock No. Quan. Per Amount Ordered Used Unit wire -`-#1 18/c Fig. LF 099 05955 d 'lire LF 099 0 025 00 Q ;ire 2 Conc. LF 099 04215 So D Wire c U.G.7~ LF 0 5 0706 .9o 1 630&- e c L'.G. LF 0 5 Wire 7 c U.G. 099 04365 0 o O 2 ] Wire, Guy Strand IF 296 0 595 1001 /O /0'. Coupling Un t AFTAC EA 1 542 1 7:F. 3 AT ISLAM TX CIR. /eaDo Hz FA 542 53723 Li tnf Protector S1 EA 540 0o FF Li tnin Protector SP196-2 EA 540 005 2 Li tni Protector S KA 540 0057602 Reactor, .075 w UN 510 0 02 EA 553 4510363 Motion Detector X300 Y; /o EA 542/0108 - Motion Detector EA 542/0901 i - 14otion Detector EA 542 jfLZL---- Motlon Detector EA 542 S/7'- Receiver EA 542 Receiver EA 54247303 "A. Receiver EA 542 e - _ Receiver EA 542 OI Receiver /Z Aez a 5 2 Receiver EA 54,2 ftigiXfir -SIOA AM /4& NZ E _ A°ece. grr Aso em Y. Stag Z. 94 54-L4,7392 1 4 Of Z Transmitter 1a,p Xz r~r AOIZ EA 542.0 Transmitter " its ,rs EA 5 2 , - Transmitter y1i1,/Z eoOCC _ EA 542 Transmitter PI00Ayt iin#z EA i • Transmitter EA 5 2 AAA- Transmitter /POOWX g0r,ra TaA4m;dk!.- 1,410OHL JA MIL 2,542,611262 1 Traftimi w. 022&Z 6iA/L e Wide Band Shunt EA 0 1 Pole Creosote EA Power Ta Labor & Ma eria Misc. TOTAL MATPiF Z Sh. 6 MATERIAL LABOR AND SI1RCf GES 1Mterial teria Handti eer Hrs. B "Per Hr. La Hrs. R r Hr. - Vaca on ovance & HolidO Au Heat & Welfare R.R. Retirement & U.Z. Tax 19.1 Insurance .00 r 00 0 Ea o ee 00 Sure e~aental Ann tY OR~t per Hr on Labor b Eag Trans rtation ul eat Ren 1 Truc A Loess t an 2 Ton Da s 10. 00 Per Da B Ton ut Less than Ton Da a ulic Crane er Per Da Toa Da a• .00 Per Da Grinder Power Da a .00 Per Da Trencher Days 10.00 Per Da Cam p 1, Cara Oven ed De 1,11 s Cam Care lfanOccu led 7.50 per De Da a Per Da Perat tome s AA~ ccoun Per Da enc ea Total Cost -QDD. j. T- SALVAGE ITEM TOTAL SALVAGE _ V I /1 / `r 31ramw1w By Xwtb 9 1 ~ . iL r i { I C-IM--STANDARD SALE (70-,TRACT Martin Stationery Co., Dallas, Texas THE STATE OF TEXAS BY THIS AGREEMENT AND CONTRACT, COUNTY of DENTON Parties GEORGE CARROLL GOEN hereinafter called Seller, ncting through the undersigned and duly authorized Agent, hereby sells and agrees to convey unto CITY OF DENTON, TEXAS , hereinafter called Purchaser, the following described property: Lying and situated in Denton County, Texas and more particularly desnribed by metes and bounds in Exhibit A attached hereto and made a part hereof for all purposes. Properties • i I i the purchase price Is 4,400.00 payable as Polio As: Cash at Closing. i XX X X X X XX XX XX X A-0X 3fiX*tXX RP AV*X X44X*xMVXM9("N9 M XNK UWl}bjb)lel KXeEa'i13(XK40MX31} )eK1K*6(M*T091X )6rdKX~frJdNK Terms 1, This contract shall be null and void if not executed prior to March 15, 1975. q ~ I h )l'}(e''AU YA&YAX?6YtXXXeXXtXYXAdG36Y763(JQi671d4Y,1G3rrI(Yd9}~}EYd?'~d[aI'ldrlffXi616J4Z1Sti(elE7G~'ii~16?f3ld( 36710()C~F7G3~f4(dG~'e?(3W~Xa~i7td(36Xe~67~i1~s1Si4l(df.Xibl[l[ti(iW4X ~ 'I Purchaser *Xit agrees to furnish Title Insurance Policy to said property, which shall be conveyed free and clear of any and all encumbrances except those named herein. In accordance with the terms of the Real Estate License Act of the State of Texas, yon, as pur, ch",,r, are advised that you should have the abstract covering the real estate which the subkct of this contract examined by an attorney of your own selection, or that you should be furnished with or obtain a policy of title insurance. If abstract Is furnished, Purchaser agrees within ten days from the receipt of said abstract either to secs t the title as shown by said abstract or to return It to the undersigned Agent with the Title written objections to the title. If the abstract Is not returned to the Agent with the written objections noted within the time specified, it shall be construed as an acceptance of said title. It title policy is fur- n1shed, Purchaser agrees to consummate the sale within ten days from date title company approves title. i f!I If any title objections are made then the Seller or his Agent shall have a reasonable time to core said objections and show good and marketable title. In the event of failure to furnish good and marketable title, the purchase money hereby recelpted for Is to be returned to Purchaser upon the eanctllatloa and return of this contract, or Purchaser may enforce specific performance of same. Seller agrees when the title objections have been cured, to deliver a and softkient General Warranty Deed properly conveying said property to said Purchaser, 11 1( HexX/}#~XdCKir~( *111 YV L108i1RJ;' 1 ~ X~3U~r?'s1I~(~lit~sYi 4Fi}' ~aar - f ~X7ri i("zX&"tXXY3 M)tXXXXXXXXXXXoYY`Yuiw I Taxes Taxes for the current year, the current rents, insurance, and Interest, (if any), are to be prorated to date of closing. Seller agrees to pay the undersigned duly authorised agent a commission of $ None in cash for negotiating this ask. 1 Purchase to be subJect to the approval of the City Council. Condltion&61 Executed in triplicate this day of 19 75 . wntract subject to the ptsnca of SeiIer Aaepted: ' CITY OF Y AN Sewer. tat/ ]3y 1 Aunirer. ]4iN14n W.W. TAL FERRO SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, l f BEFORE ME, the undersigned authority, COUNTY OF. _ in and for said County, Texas, on this day personally appeared. known to me to be the person whose name subscribed to the foregoing Instrument, and acknowledged to me that he....... executed the same for the purposes and consideration therein expressed GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of A.D. 19... (LS.) Notary Public, _-..County, Texas My Commission Expires June 1, 19__. SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, I COUNTY OF . J BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared known to me to be the persor, whose name subscribed to the foregoing instrument, and acknowledged to me that he....... executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of A.D. 19...__... . Notary Public, Texas My Commission Expires June 1, 19..... N Q n F~ Y U ~ 6 a ` , EXHIBIT A Partial taking of the north eiE,ht (8) feet of the following described pro- perty: FIRST TRACT - All that certain lot, tract or parcel of land lying and be- ing situated in the City and County of Denton, State of Texas, out of the Wm. Neill Survey, Abstract 971, being part of the property now owned by the First Baptist Church of Denton fronting north on Pearl Street and be- ing more particularly described as follows: BEGINNING at a steel pin at the northeast corner of a 60 foot wide lot owned by D. Blair and the northwest corner of this lot on the south line of Pearl Street at a point 358.65 feet east of the east line of Carroll Avenue; THENCE easterly with the south line of Pearl Street 50.0 feet to a steel pin; THENCE south 00 25' west, 187.2 feet to a steel pin; THENCE north 89° 50' west to a steel pin at the eastern most northeast corner of the main tract of said Baptist Church property; THENCE north 00 25' east with the east line of said Blair tract 185.7 feet to the place of beginning, containing in all 9,322 square feet. SECOND TRACT - All that certain lot, tract or parcel of land situated in the City and County of Denton, State of Texas, being part of the William Neill 100 1/2 acre Survey, Abstract 971, being parts of Lot 12 of Sub- division of said survey and more particularly described as follows: BEGINNING at a point in the south line of Pearl or Stanfield Street at the northwest corner of a certain lot conveyed by John R. Stanfield to James R. Edwards by deed dated January 1, 1814, and shown of record in Volume Y, Page 286, Deed Records of Denton County, Texas; THENCE south along the west line of said Lot, 160 feet, more or less, to its southwest corner in the south line of said Lot No. 12; THENCE east along the south line of said Lot No. 12 to the west line of lot conveyed by D. Blair to the Central Baptist Church of Denton, Texas, by deed dated December 20, 1946, and shown of record in Volume 334, Page 204, Deed Records of Denton County, Texas; THENCE north along the west line of said lot conveyed to the Central Baptist Church of Denton, 160 feet, more or less, to its northwest corner in the south line of Pearl Street; THENCE west along the south line of Pearl Street 60 feet, more or less, to the place of beginning; BEING a parcel of First Tract described in a deed to D. Blair dated November 159 1944, recorded in Volume 308, Page 362, Deed Records, Denton Co., Texas. SAVE AND EXCEPT - Tract in Wm. Neill Survey, Abstract 971, part tract con- veyed by Raymond D. Blaii,. et al to George Carroll Goen by deed dated March 15, 1971, of record in Volume 618, Page 112, Deed Records, Denton County, Texas; BEGINNING at pin in south boundary line of Pearl Street (40 foot wide), northwest corner of said Blair, et al to said Goen Tract; THENCE south 000 05' 37" east, 176.75 feet to pin for corner in north boun- dary line of strip of land conveyed June 6, 1891 by C. M. Greenlee to City of Denton, Texas, of record in Volume 52, Page U, Deed Records, Denton County, Texas; (apparently for use of storm sewer drainage system); THENCE north 89° 54' west, along north boundary line of said City of Denton tract, 4 feet to railroad spike, for northwest corner of said City of Denton tract, the southwest corner of said Blair, et al to Goen Tract; THENCE north 010 12' 10" east, and being along remains of an old fence and hedge establishing west boundary line of said Goen Tract, 176,78 feet to point of beginning, and containing 353.5 square feet of land. 229 West K)ckory Box 518 Denton Texas 76201 817 387 6148 UAJFE TITLE Company of Denton March 2.1, 1975 Mr. Jim White, City Manager Municipal Building Denton, Texas 76201 Re: George Carroll Goen - Sale - The City of Denton Dear Sir: We are enclosing Owner's Title Policy No. 970523 covering the purchase of property from Mr. and Mrs. Goen. If we can be of further service to you in the future, please call us. Thanking you we remain, Very truly yours, USLIFE TITLE CO. OF DENTON By: Ott MWLeU(-*--~ OA/bp encls LEWFE TITLE INSURANCE COMPANYof Dallas Owner Policy of Title Insurance USLIFE TITLE INSURANCE COMPANY of Dallas, DALLAS, TEXAS, a Texas Corporation, HEREINAFTER CALLED THE COMPANY, for value does hereby guarantee to the herein named Insured, the heirs, devisees, executors and administrators of the Insured, or if a cor- poration, its successors by dissolution, merger or consolidation, that as of the date hereof, the Insured has good and indefeasible title to the estate or interest in the land described or referred to in this policy. The Company shall not be liable in z greater amount than the actual monetary " of the Insured, and in no event shall the Company be liable for more than the amount shown in Schedule A hereof, and shall, except as hereinafter stated, at its own cost defend the Insured in every action or proceeding on any claim against, or right to the estate or interest in the land, or any part thereof, adverse to the title to the estate or interest in the land as hereby guaranteed, but the Company shall not be required to defend against any claims based upon matters in any manner excepted under this policy by the exceptions in Schedule B hereof or excluded by Paragraph 2, "Exclusions from Coverage of this Policy," of the Conditions and Stipulations hereof. The party or parties entitled to such defense shall within a reasonable time after the commencement of such action or proceeding, and io ample time for defense therein, give the Company wriltern notice of the pendency of the action or proceeding, and authority to defend. T'w Company shall not be liable until such adverse interest, claim, or right shall have been held valid by a court of last resort to which either litigant may appl;, and if such adverse interest, claim, or right so established shall be for less than the whole of the estate or interest in the land, then the liability of the Company shall be only such part of the whole liability limited above as shall bear the same ratio to the whole liability that the adv. ,.e interest, claim, or right established may gear to the whole estate or interest in the land, such rata to be based on respective values determinable as of the date of this policy. In the absence of notice as aforesaid, the Company is relieved from all liability with respect to any such inter- est, claim or right; provided, however, that failure to notify shall not prejudice the rights of the Insured if such Insured shall not be a party to such action or proceeding, not be served with process therein, nor have any knowledge thereof, nor in any case, unless the Company shall be actually prejudiced by such failure. Upon sale of the estate or interest in the land, this policy automatically thereupon shall become a warrantor's policy and tF a Insured, the heirs, devisees, executors a id administrators of the Insured, or if a corporation,.its successors by dissolution, -r urger or consolidation, shall for a period of twenty-five years from date hereof remain fully irotected according to the terms hereof, by reason of the payment of any loss he, they or it may sustain on account of any PALACE Cp warranty of title contained in the transfer or conveyance executed by the Insured conveying .sJ the estate or interest in the land. The Company shall be liable under said v. arranty only by ;r81eAL : o reason of defects, liens or encumbrances existing prior to or at the date hereof and not r : excluded either by the exceptions or by the Conditions and Stipulations hereof, such liability not to exceed the amount of this policy. :jJ~ ,t M Sam IN WITNESS HEREOF, the USLIFE TITLE INSURANCE COMPANY of Dallas has caused this policy to be executed by its President under the seal of the Company, but this pobcy is to be valid only when it bears an authorized countersignature, as of the date set forth in Schedule A. vre, de„i - Attest Senior V<e-Psesiden Seaelsrrend rreerurer AutlrurGed S,ynetuae i011M (T) 160M 11M Formerly DALLAS TITLE AND GUARANTY COMPANY Conditions and Stipulations 1. Definitions The following terms when used in this policy mean: (a) "land": The land described, specifically or by reference, in Schedule A, and improvements affixed thereto which by law constitute real property. (b) "public records": Those records which impart constructive notice of matters relating to the land. (c) "knowledge": Actual knowledge, not constructive knowledge, or notice which may be imputed to the Insured by reason of any public records. (d) "date": The effective date, including hour if specified, 2. Exclusions from the Coverage of this Policy This policy does not insure against loss or damage by reason of the following: (a) The refusal of any person to purchase, (case or lend money on the land, tb) Governmental rights of police pr wer or eminent domain unless notice of the exercise of such rights appears in the public rec- ords at the date hereof; and the coisequences of any law, ordinance or governmental regulation including, but not limited to, building and zoning ordinances. (c) Any titles or rights asserted by anyone including, but not limited to, persons, corporations, governments or other entities to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, fakes, bays, gulfs or oceans, or to any land extending from the line of mean low tide to the line of vegetation, or to lands beyond the line of the harbor or bulkhead lines as established or changed by any goverrment, or to filled in lands, or artificial islands, or to riparian rights, or the rights or interests of the State of Texas or the public generally in the area extending from the line of mean low tide to the line of vegetation, or their right of access thereto, or right of easement along and across the same. (d) Defects, liens, encumbrances, adverse claims against the title as insured or other matters 0 ! created, suffered, assumed or agreed to by the Insured at the data of this policy, or (2) known to the Insured at the date of this policy unless disclosure thereof in writing by the Insured shall have been made to the Company prior to the date of this policy, or loss or damage which would not have been sustained if the Insured were a purchaser for value without knowledge; or the homestead or community property or survivorship rights, if any, of any spouse of any Insured. 3. Defense of Actions (a) In all cases where this policy provides for the defense of any action or proceeding, the Insured shall secure to the Company the right to so provide defense in such action or proceeding, and all appeals therein, and permit it to use, at its option, the name of the Insured for such purpose. Wheriever requested by the Company, the Insured shall give the Company all reasonable aid in any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or defending such action or pro-ceding. (b) The Company shall have the right to select counsel of its own choice whenever it is required to defend any action or pro- ceeding, and such counsel shall have full control of said defense. (cI Any action taken Ity the Company for the defense of the Insured or to establish the title as insured, or both, shall not be con- strued as an admission of liability, and the Company shall not thereby be held to concede liability or waive any provision of this policy. 4. Payment of Loss (a) No claim shall arise or be maintainable under this policy for liability voluntarily assumed by the Insured in settling any claim or suit without written consent of the Company. (b) Ah payments under this policy, except payments made for costs, attorney fees and expenses, shall reduce the amount of the insurance pro tanto; and the amount of this polio shall be reduced by any amount the Company may pay under any policy insuring the validity or priority of any li,;n excepted to herein or any instrument hereafter executed by the Insured which is a charge or lien on the land, and the amount so paid shall be deemed a payment to the Insured under this policy. (c) The Company shall have the option to pay or settle or compromise for or in the name of the Insured arty claim insured against by this policy, and such payment or tender of payment, together with all costs, attorney fees and expenses which the Company is obloted hereunder to pay, shall terminate all liability of the Company hereunder as to such claim. Furtiror, the payment or tender of payment of the full amount of this policy by the Company shall terminate all liability of the Company under this policy. (d) Whenever the Company shall have settled a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the Insured, and it shah be subrogated to and be entitled to all rights and remedies of the Insured against any person or property in respect to such claim. The Insured, if requested by the Company, shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation, and shall permit the Company to use the name of the Insured in any transaction or litigation involving such rights or remedies. 6. Poilicy Entire Contract Any action, actions or rights of action that the Insured may have, or may bring, against the Company, arising out of the status of the title insured hereunder, must be based on the provisions of this policy, and all notices required to be given the Company, and any statement in writing required to be furnished the Company, shall be addressed to it at Oaths, Dallas County, Texas. 6. This policy is not transferable. u COZKKr G)00>D-i» f7-iO-{O m N 3 T ^vo0 ~ni vyi vyi O.O p 0 y D O n.~ c T s n S O y ~~p y G O y y 7 3 cD o m 3r 3vs C: 0 Z O N Q °y O 3 7 n w y n o m x y L x vd oy. y G>>'fc) -a m 3 S~ °m_go O 0 ~ iy 7 W3 7 8L a fJ> 0~, m co 3 N " m S 1 1 ♦V ] K j N J o O n {A n a"a"_ Ya° z N N N 01 H n n R v C. m M O ar C m C D J D< G J<n ~ ~ m~ 0 ~ 9 v_"i O~ n m C VI 7 RN a D. m" y 0 i V ~ a. CL N_ .Ji 0 ~N_ 3 N m N a j [ J G a c g y s m Z N ' C n s ~ m 3 D z -t 0 n Z$ v < y SCHEDULE A Gf No, or File No.: 15482 by Owner Policy No.: O 970523 Amount. $4,400.00 Date of Policy: March 10, 1975 Name of Insured: CITY OF DENTON, TEXAS, A Municipal Corporation 1. The estate or interest in the land insured by this policy is: Fee Simple (fee simple, leasehold, easement, etc.-identify or describe) 2. The land referred to in Lhis policy is described as follows: All of the North eight (8) feet of the following described tracts of land: FIRST TRACT: All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, out of the Wm. Neill Survey, Abstract 971, ..ping part of the property now owned by the First Baptist Church of enton fronting North on Pearl Street and being more particularly described as follows: BEGINNING at a steel pin at the Northeast corner of a 60 foot wide lot owned by D. Blair and the Northwest corner of this lot on the South line of Pearl Street at a point 358.65 feet East of the East line of Carroll Avenue; THENCE Easterly with the South line of Pearl Street 50.0 feet to a steel pin; THENCE South 0° 25+ West, 187.2 feet to a steel pin; THENCE North 89° 50' West to a steel pin at the Eastern most Northeast corner of the main tract of said Baptist Church property; THENCE North 0° 25' East with the East line of said Blair tract 185.7 feet to the place of beginning, containing in all 9,322 square feet. SECOND TRACT: All that certain lot, tract or parcel of land situated in the i y and County of Denton, State of Texas, being part of the + William Neill 100-1/2 acre Survey, Abstract 971, being parts of Lot 12 of subdivision of said survey and more particularly described as follows: A BEGINNING at a point in the South line of Pearl or Stanfield Street at the Northwest corner of a certain lot conveyed by John R. Stanfield to James R. Edwards by deed dated January 1, 1814, and shown of record in Volume Y, Page 286, Deed Records of Denim County, Texas; THENCE South along the West line of said Lot 160 feet, more or less, to its Southwest corner in the South line of said Lot No. 12; THENCE East along the South line of said Lot No. 12 to the West line of lot conveyed by D. Blair to the Central Baptist Church of Denton, Texas, by deed dated December 20, 1946, and shown of record in Volume 334, Page 204, Deed Records of Denton County, Texas; THENCE North along the West line of said lot conveyed to the Central Baptist Church of Denton 160 feet, mote or less, to its Northwest corner in 00, (CONTINUED) ez-_ F. I b" A A W N "M Attached to and made a part of USLIFE TITLE INSURANCE COMPANY o1 Dallas Policy or Binder No. 0-970523 the South line of Pearl Street; THENCE West along the South line of Pearl Street 60 feet, more or less to the place of beginning, Being a parcel of Fitst Tract described in a deed to D. Blair dated November 15, 1944, recorded in Volume 308, Page 362, Deed Records, of Denton County, Texas. SAVE AND EXCEPT: Tract in Wm. Neill Survey, Abstract 971, part tract conveyed by Rayruond D. Blair et al to George Carroll Goen by deed dated March 15, 1971, of record in Volume 618, Page 112, Deed Records of Denton County, Texas; BEGINNING at pin in S. B. line of Pearl St. (40 ft. wide) N. W. corner of said Blair et al to said Goen tract; THENCE S. 00° 05' 37" E., 176.75 ft, to pin 9)r corner in N. B. line of strip of land conveyed June 6, 1891 by C. M. Greenlee to City of Denton, Texas of record in Volume 52, Page 22, Deed Records, Denton County, Texas; (apparently for use of storm sewer drainage system); THENCE N. 89° 54' W., along N. B. line of said City of Denton tract, 4 ft to railroad spike, for N. Yt. corner of said City of Denton tract, the S. Vt. corner of said Blair et al to Goen tract; THENCE N. 01° 12' 1011 E., and being along remains of an old fence and hedge establishing W. B. line of said Goen tract, 176.78 feet to point of beginning. The tract herein conveyed containing 353.5 square feet of land. n.c. Ir.rt ~Y unr • SCHEDULE B Owner Policy No.. 970523 This policy is subject to the Conditions and Stipulations hereof, the terms and conditions of the Ira-es or easements in- cured, if any, shown in Schedule A, and to the following matters which are additional exceptions from the coverage of this policy: 1. Restrictive covenants affecting the land described or referred to above. 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments, or any overlapping of im- provements. None of record. 4 3. Taxes for the year I9-5 and subsequent years., not yet due and payable. 4. The following lien(s) and all terms, provisions and conditions of the instrument(s) creating or evidencing said lien(s): None. 5. Any portion of the captioned property falling within the boundaries of any road, street or highway. 6. Visible and apparent easements on or across the property. Yom 1 Imed a INN r 3X A.%---WARRANTY D6;'11-WhIi Gmenl and C«po tka AiYno►WS, is MARTIN 54tio n Ca. Nnu 4 THE STATE OF TEXAS, Know All Men By These Presents: County ` DEED RECORDS vDi 737 w 943 3'703 iut we, George Carroll Goen and wife, Esther Goin I of the County of Denton , State of Texas for and in comideration of then= of Four thousand four hundred and no/100 ($4,400.00) DOLLARS, r c I to us in hand paid by the City of Denton, Texas, a Municipal Corporation, the full receipt of which is hereby acknowledged I~ i i have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto the said City of Denton, Texas,a Municipal Corporation of the County of Denton , State of Texas all of the North eight (8) feet of the following described tracts of land. FIRST TRACT: All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, out of the Ww. Neill Survey, Abstract 971, being part of the property now owned by the First Baptist Church of Denton feonting North on Pearl Street and being more particularly described as follows: BEGINNING at atsteel pin at the northeast corner of a 60 foot wide lot owned by D. Blair and the northwest corner of this lot on the south line of Pearl Street at a point 358.65 feet East of the East line of Carroll Avenue; ' THENCE Easterly with the south line of Pearl Street 50.0 feet to a steel pin; THENCE South 0 degrees 25 minutes West, 187.2 feet to a steel pin; THENCE North 89 degrees 50 minutes West to a steel pin at the eastern most northeast corner of the main tract of said Baptist Church property; THENCE North 0 degrees 25 minutes East with the east line of said; Blair tract 185.7 feet to the place of beginning, Containing in all 9,322 square feet. SECOND TRACT: All that-certain lot, tract or parcel of land situate . in the,City and County of Denton,'State of Texas,•being part of the William Neill 100 1/2 acre Survey, Abstract 971, being parts of Lot 12 --of subdivision of said survey and more particularly described as follows: BEGINNING at a point in the south line of Pearl or Stanfield'Street at the northwest corner of a certain lot conveyed by John R. Stanfield to flames R. Edwards py deed dated January 1, 1814, and shown of record r vc>l 737 w 944 i,n Yolume Y, Page 286, re-.d Record of Denton County, Texas; THENCE Sputh along th;-. west line of said Lot 160 feet more or less to its southwest corner in the south line of said Lot No. 12; THENCE east along the south line of said Lot No. 12 to the west line li of lot conveyed by D. Blair to the Central Baptist Church of Denton, Texas, by deed dated December 20, 1946, and shown of record in Volume 334 Page 204, Deed Record of Denton County, Texas; THENCE North along the west line of said lot conveyed to the Central 6 Baptist Church of Denton 160 feet more or less to its northwest corner in 999@ the south line of Pearl Street; THENCE hest along the south line of Pearl Street 60 feet, more or less to the place of beginning, Being a parcel of First Tract described in a deed to D. Blair dated November 15, 1944, recorded in Vol. 308, Page 362, Deed Record Denton County, Texas. SAVE AND EXCEPT: Tract in Wm. Neill Survey, Abst. 971, part tract conveyed by Raymond D. Blair et al to George Carroll Coen by deed dated March 15, 1971, of record in Vol. 618, Page 112, Deed Record Denton County, Texas: BEGINNING at pin in S. B. line of Pearl St.(40 ft. wide), N.W. corner of said Blair et al to sd Goen tract; THENCE S. UU° 05' 37" E., 176.75 ft, to pin for cor in N.B. line of strip of land conveyed June 6, 1891 by C. M. Greenlee to City of Denton, Texas of record in Vol. 52, Page 22, Deed Record Denton County, Texas; (apparently for use of storal sewer drainage system); THENCE N. 89° 54' W., aldng N.8 line of sd City of Denton tract, 4 f to railroad spike, for N.W. corner of sd City of Denton tract, the S.W. corner of maid Blair et al to Goen tract; THENCE N. 01" 12' 10" E., and being along remains of an old fence and hedge establishing W. B. line of said Goen tract, 176.78 feet to point of beginning, The tract herein conveyed containing 353.5 square feet of land. TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights and appurtenances thereto in anywise belonging unto the said City of Denton, Texas, a Municipal Corporation, its successors IWO and assigns forever; and we do bereby 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, its successors i.ie and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. Witness our}'nds at Denton, Texas this g day of March AD. 19 75 Witnesses at Request of Grantor: ale _ _ w~ - _ i Ya 737 w 945 f ACKNOU'UDGME.\T THE STATE OF TEXAS, BEFORE ME, the undersigned autbority, COUNTY OF_......... aenxo.n_..___.._._....... . in androrsaid cnnnt Tcsason this day nnul , George Carroll Goen and wife, Esther _ y. Pealy ppeared.............. feia,to me-tb. rttbe perwcs._...._srhom aanoe.s_.g.re_.._subsm-bed to the foregoing intr,unect, and adcnowkdged to me that ry~<:~[xtru~d the same for the purpose and consideration therein wrssed, GIVEN UND1rrt MY HAND AND SEAL OF OFFICE, This..... a_ .............-day oi...-.......Mater-....... A.D. 197...5 Denton .w _ l4\1~0`~~ No" Public,..... . rtrju /v • U l?-MAW _County, Texas My Commission Erpim June. ACKNO%-1.EDCMENT THE STATE OF TEXAS, BEFORE ME, the un&mfgned authority, COUNTY OF_.._......_._.._ r._.___......_......_ . In and for said County, Taco, on this day peaonaRy appeared. known to me to be the pemn.__whose name .._._..subscn'bed to the foregoing instrument, and ad mwledged to mm tbat .__.-_..be_.._.._xv,culed the same for the purposes and consfderation therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, Tbis of........ _ . A.D. (LS.) . Notary Tens My Commisdon Expires Jo*• _ _ I9_ i r~+ ~+COFdVMTI0N ACKNOWLEDGMENT TIE STATE OF 1LfXA.J, ~ BEFORE ME, the uodatfgued authority, COUNTY OF_. In and for said County, Texas, on this day personally appeared..__......._.._.._...... ___w....._.~__ known to me to be the person and officer whose name Is subscribed to the foregoing Instrument and acknowledged to we that the same was the act of the a corporation, and that be emoted the same as the act of such corporation for the purpose and consideration therein expressed, and in the capacity therein staled GIVEN UNDER MY RAND AND SERI, OF OFFICE, A.D, 19_.____. (I.S.) Notary PubHc,__.____._.._......_._......_ Texas My CommLebn E:pba THE ff= OF TEXAS, COUNTY OF- County Ckrk of the County Court of mid County, do hereby certify that the foregoing instrument of writing dated on day of_ AD. 19_~__y with to C"40ate of Authestication, was filed for record In ray oice 64 the -day of AD. 19.....-, at .._~o'clock......._._..M., and was duly recorded this day of A.D. 19._...._..., at _....__o'derk vy in the Records of acid County, In Vol- ao+e on peg" WITNESS my hand and seal of the County Court of said County, at my office tn-~ _ _ .piss dry and year Lot above written. f I Clerk County Court _ _ _ ._._..._..._Cotmty, Tema. (4S) By , Deputy. i ~ t~< 4fV11~ ~ i ]J La Q O y~Jp~J D'3Y `~1qy 61 0(u ~Uls •a41~ Be~Al oaf 40y0~++! 0Qn~~J~yRa an~°VJ~Oib i0'~5'/~ ~0w~ps~JTeyJ,~~~Ja 4r b3ldh noo Jail ZVI A~yi; E " 1 r of R c i N na g i~`• i j.. 1~ i d i Z i~ '0 CJil F ; ON o I # ` a I ! i b 9~6 rva ~E~ 10A 4 No. 75 5 AN ORDINANCE AMENDING CHAPTER 15 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ESTABLI3HING A NEW SECTION 15-10 ENTITLED "TRESPASSING C'9 NORTH LAKES PARK PROPERTY PROHIBITED"; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; AND PRO- VIDING AN EFFECTIVE DATE. WHEREAS, the North Lakes Park project is now under con- struction; and WHEREAS, the North Lakes Park has not been completed and open to the public; and- , WHEREAS, numerous people are using the park and hindering construction, growth of vegetation, and delaying the completion of the project; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: PART I. That Chapter 15 is amended by adding a Section 15-10 as follows: Section 15-10 - Trespassing on North Lakes Park Property Prohibited. The property consisting and known as the North Lakes Park project shall be closed to the public, and it shall be unlawful for any person to enter or be found in said park or on said property except by written permission from the City Council. t: PART II. That if any section, subsection, paragraph, sentence, { clause, phrase or word in this ordinance, or application there- of to any person or circumstances is held invalid by any court of cotapetent,,jurisdiction, such holding shall not affect the validity of..the.remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it W0u1d have enacted such remaining portions despite any such in- validityc PART III. That any person violating the provisions of this ordinance, withqut.legal excuse, shall be guilty of a misdemeanor,' and a 1 violation 6f'6AM'shal1 be punished by a fine upon conviction of any.amouht'iiot excgeding.Two Hundred (y2o0 m ) Doliars,- r ` . r I PART IV. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) lays of the date of its passage, PASSED AND APPROVED This the 25th day of March, A. D. 1975. - 91'el: BI NEU, MAYOR CITY OF DENTON, TEXAS ATTEST: BRMKS CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: ' PAUL AM, CIff !TT_ CITY OF DENTON, TEXAS J ~y all ,r . 4 • 1 ♦ r 1 + t y i J S ~Y' i : , I R r^, ti e 5 M 1•, H l x~ r Y If~ r tl`tiv~1`f~ ~ ^ ~j i .41 LK .1 i ~t~ •'i1 i~~:J.~'7c'r ] ,E} I~r'Y J~~" rt~ 5~ r~ J i. ,1 ~ 1 1 y~r --i 4k GAS EXCHANGE CONTRACT This contract enables the Texas Municipal Power Pool to de- liver the gas received from Delhi Gas Pipeline Company (often referred to as "Pitts Gas") into the Lone Star System and simultaneously receive delivery of like quantity of gas at each of the re-delivery points of Denton, Bryan, Greenville, and Garland. This allows each City to produce power from its share of the jointly owned gas rather than Denton or some other City being required to generate power for other cities. There is no cost for this simultaneous exchange. Lone Star Gas Company 301 i Harwood 54fow • Doll*% Twos 75201 March 7, 1975 5.KW4G WO heidene City of Denton Municipal Building Denton, Texas 76201 Attention Mr. Jim Little Electric Superintendent City of Garland Post Office Box 189 Garland, Texas 75040 Attention Mr. Edward Krause, P.E. City of Greenville Post Office Box 1049 Greenville, Texas 75401 Attention Mr. R. E. Nelson, P.E. City of Bryan Post Office Box 1000 Bryan, Texas 77801 Attention Mr. Jack T. Ard Re: Gas Exchange Contract Gentlemen: We are submitting herewith to each of you duplicate original counterparts of a Gas Exchange Contract which Lone Star Gas Company has executed. Lone Star's offer, as reflected by the terms of this Contract, is conditional upon our actual receipt from the Cities of Bryan, Denton, Garland and Greenville of an executed counterpart of the Contract by April 1, 1975, together with appropriate resolutions authorizing each City to execute the agreement. ' Sincerely, S. H. KING SHK:gsk cc: Mr. Paul Cunningham •r I ~r i GAS EXCHANCE CONTRACT THIS AGREEMENT, made and entered into on this the 7th day of December, 1974, by and between THE CITY OF BRYAN, THE CITY OF DENTON, THE CITY OF GARLAND and THE CITY OF GREENVILLE, each of which is a municipal corporation, hereinafter collectively referred to as "cities" and LONE STAR GAS COPPANY, a Texas corporation, hereinafter referred to as "Lone Star", WITN£S SETH: In consideration of the sum of One Dollar ($1.00) cash in hand paid to each party by the other party hereto, the receipt of which is hereby acknowledged, and of the mutual covenants and agreements herein contained, Cities and Lone Star do hereby ,ontract and agree with each other as follows: APTTf:T,F. T. DEFINITIONS: For tho purposes hereof, the words, phrases, and terms used herein shall be used in the ordinary meaning unless the agreement clearly indicates otherwise or unless same is hereinafter defined, in which instance such word,,pkrase,, or term shall have the meaning clearly atrributable to it or as defined hereinafter below: (a) The'term "day" shall mean a period of twenty-four (24) • consecutive hours beginning at 12:00 o'clock midnight local time. The reference date for any day shall be the date of the beginning of such day. I~ r (b) The term "month" shall mean the period beginning at 12:00 o'clock midnight on the last da) of a calcnd.:r month and ending at 12:00 o'clock midnight on the last day of the succeeding calendar month. (c) The term "year" of "calendar year" shall mean a period of twelve (12) months beginning at 1i:00 o'clock midnight on December 31 and ending at 12:00 o'clock midnight on the next succeeding December 31. (d) The term "gas" shall mean natural gas produced from gas wells or oil wells and residue gas re3ulting from processing thereof, (e) The abbreviation "MCF" ihall mean one thousand (1,000) cubic feet of gas, (f) The abbreviation "Btu" shall mean British Thermal Unit, (g) The abbreviation "psia" shall mean pounds per square inch absolute. (h) The abbreviation "psig" shall nean pounds per square inch gauge. (i) The term "total heating value" shall mean the number of British thermal units produced by the combustion at constant pressure of the amount of gas which would occupy a volume of one (1) cubic foot at a temperature of sixty degrees (60°) Fahrenheit and at a pressure of fourteen and sixty-five one-hundredths (14.65) psia adjusted for the degree of saturation by water vapor of the gas. Whenever the words "heating value" or "Btu content" are used herein, such wordseshall be deemed to mean "total heating value" as above defined. (J) The term "cubic foot of gas" shall mean that quantity of gas which, at a temperature of sixty degrees (60°) Fahrenheit and at a ~i ~i F k~ pressure of fourteen and sixty-five one-hundredths (14.65) psia, occu- pies one (1) cubic foot. (k) The term "point of delivery" or "delivery point" shall mean the poiatt of connection of Delhi Pipeline Company's pipeline with Lone Star's pipeline inside the city limits of Denton, Texas, in the near vicinity of the Denton steam electric generation plant. (1) The term "points of redelivery" or "redelivery points" shall mean the point or points of delivery of gas by Lone Star to Cities at the outlet side of Lone Star's existing, or replacement, regulating and metering stations installed on the sites of the Cities' steam elec- tric generation plants. (m) The term "Gas Sales Contract" shall mean and refer to those certain Gas Sales Contracts presently existing and in force hetween Lone Star and each of the Cities. ARTICLE II. REPRESENTATIONS: Cities represents that it has the right to purchase gas from Texas Municipal Power Pool, a Texas corporation, produced from property located entirely in the State of Texas in sufficient quantity to enable Cities to deliver the daily quantities of gas provided fir herein. Lone Star represents that it is not in the Visiness of selling gas for resale to, nor transporting gas through its pipeline system for other parties, and that Lone Star is stilling to enter into this exchange agreement for the mutual benefit of Lone Star Gas and Cities, who-are presently being served as customers under contracts with Lone Star, in -3- ~y r~' view of the probability that Lone Star will be required to curtail deliveries to such customers under the terms of such existing gas sales contracts. It is further expressly recognized and al.reed that Lone Star 'has no obligation to exchange gas with Cities other than expressly provided herein, and upon the performance of this exchange agreement, in accordance with the provisions hereof, the same shall terminate and Cities shall have no further rights to exchange gas with lone Star. ARTICLE III. SUBJECT MATTER: Subject to all the terms and provisions of this agreement, commencing during the day of December 7, 1974, Cities agree to deliver to 4.one Star and Lone Star agrees to receive from Cities at the point of delivery during each day approximately fourteen (14) million cubic feet O♦ --J I.Vrc C*-- 4gr.~V tV d~.i i•~~~ tV VitiYV Ond Vitie~ anrce tQ O receive from Lone Star at the points of redelivery during each day an equal quantity of gas, by way of an exchange, all in accordance with the terms, conditions and limitations herein stated, as set out below, and in such different }percentages as may be mutually agreed upon from time to time by Cities and Lone Star prior to any day during which such different percentages are to be effective: Redelivery Points Percentage M , Bryan 22.61% Denton 21.59% Garland 45.59% Greenville 10.21% In the event Cities should receive during any month a quantity of gas which is more or less than the volume of gas it is entitled -4- I ~~jj k4~ I ' JIi ' ~ f I lr l~. to receive, ds the case may be, then such receiving party shall adjust its receipt of gas during the next calendar month, following the month in which such imbalance occurred, to correct the imbalance between the quantity taken and the quantity entitled to be taken; provided, however, that Lone Star shall never be obligated to deliver a total combined quantity of gas during any day to any City under this Gas Exchange Agreement and the relevant gas sales contract greater than the effective maximum peak day fuel requirements provided in such gas sales contract. Each party will endeavor to deliver and take gas during each day so as to limit any imbalance to the slightest quantity as is reason- ably possible on a day to day basis. The parties shall endeavor to balance the quantity of gas exchanged during each calendar month, sub- ject to the right to make up any deficiency as hereinafter set out. By 12:00 o'clock noon each day, the parties hereto shall pruviie eaet; Other with the quantity and schedule of gas to be exchanged for the next day. It is recognized that Lone Star has the right under its gas sales contracts with'the Cities of Denton, Garland, Greenville and Bryan, Texas, to curtail or interrupt delivery of gas to said customers in accordance with the terms of their respective gas sales contracts and it is further recognized that it may be necessary for Lone Star to curtail or interrupt the receipt and/or redel-ivery of gas hereunder; and notwithstanding any provision of this agreement to the contrary, Lone Star reserves the right to be exercised at its discretion, and Cities recognize and agree that Lone Star has the right to refuse to accept gas -5- i F. , f lcr A Y~ . 3 7 , A- :i from and/or redeliver gas to Cities under this agreement at any time such acceptance or delivery of gas would interfere with. threaten, or adversely affect in any way, Lone Star's service to its customers, or in the event Lone Star does not have the system capacity or ability to do so. It is recognized that during certain periods, the gas deliv- ered by Lone Star at the redelivery points to Cities may be commingled with volumes of gas being sold to Cities under gas sales contracts. For the purpose of making an accounting determination of the quantity of such commingled gas delivered hereunder by Lone Star to Cities at such redelivery points, it will be deemed that the volumes of exchange gas agreed to be delivered at each such redelivery point by Lane Star will be delivered first and the remaining volume of gas, 11 any, received by said customers at such redelivery points shall be deemed delivered under the respective gas sales contract's; provided, however, the delivery of exchange gas to Cities pursuant to this Agreement shall not serve as the basis for any degree of curtailment of gas pursuant to the gas sales contract. If daily volumes delivered by Lone Star fall below l ifty percent (50X) of the volume of gas Cities delivered to Lone Star, on five (5) consecutive days (except for reasons of force majeure) Cities shall have the right to cancel this agreement b7 giving ten (10) days' notice in writing to Lone Star. After any such cancellation the volume of gas shall be balanced within the following Aonth and this agreement shall terminate and there shall be no further obligation hereunder. f f, f ARTICLE IV. UALIW : Gas delivered by Cities to Lone Star hereto shall be n tural gas which is of merchantable quality and reasonably free from water and other objectionable fluids and from sand and other objectionable solids and which contains not more than one percent (1%) by volume of oxygen, not more than twenty (20) grains of total sulphur nor more than one quarter (1/4) grain of hydrogen sulphide per one hundred (100) cubic feet of gas, not more than three percent (3%) by volume of carbon dioxide, not more than seven pounds (79) of water vapor per million cubic feet of gas, and which has a heat content of not less than nine hundred fifty (950) British Thermal Units per cubic foot under the conditions of measurement set forth ir. Article VI. Gas delivered to Lone Star by Cities shall have an interchangeability range within plus or minus five percent (5X) of the interchangeability of the gas then in Lone Star's facilities at the point of delivery. Interchangeability, as defined for purposes of this agreement, shall be determined by the daily average heating value content of one thousand (1,000) cubic feet of gas expressed in British Thermal Units divided by the square root of the daily average specific gravity of the gas. The gas redelivered to Cities by Lone Star shall meet the quality provisions set forth in the. Gas Sales Contract at the redelivery points. If at any time the gas fails to meet the quality specification enumerated herein the party receiving such gas shall notify the party delivering such gas and the delivering party shall immediately correct - r i E ~r Y! 1 such failure. If the delivering party is unable to deliver gas accord- ing to such specification, the party receiving such gas may refuse to accept delivery of gas hereunder for so long as such condition exists, but the continued acceptance or refusal shall not relieve the delivering party of the obligation to make available for delivery to the other party gas of the quality and quantity provided herein. ARTICLE V. MEASUREMENT: For the purpose of this contract the unit of m*asurement of gas shall be one thousand (1,000) cubic feet. Meter measurements shall be computed on a daily basis by Lone Star into such units in accordance with the Ideal Gas Laws for volume variations due to metered pressure and corrected for deviation, using daily averages of recorded specific gravity and flowing temperature and using alk assumed atmospheric pres- sure of fourteen and four-tenths (14.4) pounds per square inch absolute. The gas delivered hereunder shall be measured by means of meters of standard type which shall be installed, operated and main- tained by Lone Star and placed at the point of delivery or points of redelivery or in as close proximity thereto as practicable. The meter and other measurement instruments'and equipment shall be tested and adjusted for accuracy monthly by Lone Star. Cities shall have access to Lone Star's metering equipment at all times, but the calibration and adjustment thereof shall be done only by the employees or agents of Lone Star. Charts and records from such metering equipment shall remain the property of Lone Star. Upon request of Cities, Lone Star shall submit to Cities meter charts then in its r' II~ I I I possession from its metering equipment for inspection and verification, subject to return by Cities to Lone Star within thirty (30) days after receipt thereof. Cities may, at its option and expense, install and operate meters, instruments and equipment to check Lone Star's meters, instru- ments and equipment, but the measurement of gas for the purpose of this agreement shall be by Lone Star's meters only, except as hereinater specifically provided. The check meters, instruments, and equipment installed by Cities shall be subject at all reasonable times to inspec- tion or examination by Lone Star, but the calibration and adjustment thereof shall be done by Cities. Each party shall give to the other party notice of the time of all tests of meters sufficiently in advance of such tests so that the other party may conveniently have its representatives present; provided. however, that if either party has given such notice to the other party and such other party is not present at the time specified, then the party giving the notice may proceed with the test as though the other party was present. Meter measurements computed by Lone Star shall be deemed to be correct except where the meter is found to be inaccurate by as much as two percent (2%), fast or slow, or to have failed to register, in either of which cases Lone Star shall repair or replace the meter. The quan- tity of gas delivered while the meter was inaccurate or failed to regis- ter shall be determined by the readings of Cities' check meter, if installed and in good operating condition, or' by correcting the error if the percentage of error is ascertainable, by calibration or mathematical -9- .l E I ~ 1 1 ' I calculation. If not so ascertainable, then it shall be determined by estimating the quantity on a basis of deliveries under similar condi- tions when the meter was registering accurately. Such adjustments or corrections shall be made only for the period which has elapsed since the last previous test. The daily average heating value of the gas delivered hereunder by either party shall be determined by the use of recording calorimeters of standard type, which shall be installed and operated by Lone Star at • the metering point, or at such other point or points as is mutually agreeable to both parties. Such calorimeters shall be tested for accu- racy at regular monthly intervals during periods of delivery and should any test show it to be inoperative or recording in error as much as ten (10) British Thermal Units, plus or minus, proper correction of recorded values 3♦• all --,7A„ - C CC-, the .gyn.-in.i A,,rinn L;f;i rthe ralorimatPr VAR u al inoperative or recording in error and if this period cannot be ascer- tained, correction shall be made only for the latter half of the period Which has elapsed since the last previous test. The: degree of satu- ration by water vapor of the gas to be delivered hereunder shall be determined monthly by Lone Star, using standard instruments and methods, and the results thereof shall be properly taken into account in deter- mining the heating value of the gas delivered. The period during which gas is flowing shall be used in determining daily averages of metered pressure, specific gravity, flowing temperature and heating value. /:RTICLE VI. ADJUSTMENT FCR HEATING VALUE: The exchange of gas to be made hereunder is based on the British Thermal Unit content of one thousand (1,000) per cubic foot of r 4 S i f IIJ • i gas. Therefore, if the weighted average heating value of any gas deliv- ered by one party to the other during any month should be more or less than one thousand (1,000) British Thermal Units per cubic foot, then the volume so delivered shall be adjusted by calculation to a base of one thousand (1,000) British Thermal Units per cubic foot of gas. ARTICLE VII. FACILITIES: It is recognized that no additional pipeline or measurement facilities will be required of either party to make delivery or receipt of gas to be exchanged hereunder and the existing facilities shall be utilized for the purposes hereof. ARTICLE VIII. PRESSURE: Cities agree to deliver oas hereunder at the delivery points at pressures which are sufficient to enter Lone Star's pipeline against the prevailing line pressures maintained therein by Lone Star. Lone Star agrees to deliver gas hereunder at the points of redelivery at the pressures specified in the respective Gas Sales Contracts. ARTICLE IX. FORCE HAJEURE: In the event either party hereto being rendered unable, wholly or in part, by force majeure to carry out its obligations under this agreement, it is agreed that on such party giving notice and full parti- culars of such force majeure in writing to the other party as soon as possible after the occurrence of the cause relied on, then the obliga- tions of the party giving such notice, so far as they are affected oy ,E. Y ' ..11- . i I I . 1 such force m,ajeure, shall be suspended during the continuance of any inability so caused but for no longer period, and such cause shall be as far as possible remedied with all reasonable dispatch. The term "force majeure" as employed herein shall mean acts of Cod, strikes, lockouts or other industrial disturbances, acts of the public enemy, wars, blockades, insurrecticns, riots, epidemics, land- slides, lightning, earthquakes, fires, storms, floods, washouts, arrests and restraints of governments and people, civil disturbances, explo- sions, breakage or accident to machinery or lines -f pipe, inability of a party to obtain necessary supplies, materials and equipment and the inability to obtain permits due to existing or future rules, orders and laws of governmental authorities, the necessity for making repairs to or alterations of machinery, equipment or lines of pipe, breakage of trans- mission limas, failure of :lectrie equipwt:uL due to sleet, ice or other unavoidable causes, accidents to or failures of electric substations,. transformers or switching devices, shortage of water, freezing of wells or lines of pipe, partial or entire failure of wells or gas supply, and any other causes, whether of the kind herein enumerated or otherwise not within the control of the party claiming suspension and which by the ` exercise of due diligence such party is unable to prevent or overcome. Such terms shall also include the inability to acquire, or the delays in acquiring at reasonable cost and after the exercise of reasonable dili- gence, any servitudes, right of way grants, permits or licenses required to be obtained to enable a party hereto to fulfill its obligation here- under. -12- " I I I I Yf 1 i'fry` r` It is unlerstood and agreed that the settlement of strikes or lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any force -•ajeure shall be remedied with all reasonable dispatch shall not require the settle- ment of strikes or lockouts by acceding to the demands of the opposing party when such course is inadvisable in the discretion of the party having the difficulty. ARTICLE X. I TERM: This contract shall be effective as of the date hereof and continue thereafter for a period and term to expire April 1, 1975, except that it may continue for such reasonable time as to permit parties to balance deliveries of gas to a zero (0) balance in accordance with the provisions hereof, provided, however, that this contract may be terminated prior to April 1, 1975, if all or a major portion of the reserves of subject gas are sold to another party. ARTICLE XI. TERMINATIO4 PRIVILEGE: If either party hereto shall fail to perform any of the cove- nants or obligations imposed.upon it under and by virtue of this agree- ment (except where such failure shall be excused under any of the pro- visions of this agreement) then in such event-the other party may, at its option, terminate this agreement proceeding as follows: The party not in default shall cause a written notice to be served on the party in default, stating specifically the cause for terminating this agreement and declaring it to be the intention of the party giving the notice to -13- i f terminate the same; whereupon, the party in default shall have ten (10) days after the delivery of the aforesaid notice in which to remedy or remove tho cause or causes of default stated in the notice of termina- tion, and if within said period of ten (10) days the party in default does so remedy and remove said cause or causes, then such notice shall be nullified and this agreement shall continue in full force and effect. In case the party in default does not so remedy and remove the cause or causes of default within said period of ten (10) days, then this agree- ment shall become null and void from and after the expiration of said period, provided that any imbalances in delivered gas ohall be satisfied in the following month or as soon as reasonably possibla. ARTICLE X11. INTRASTATE AND USE: Tic part+`s enreee n that pert of the r_nn.siAvrntien for the. .o. agreement to exchange gas is that the gas delivered by Lone Star to Cities shall be used and consumed in Cities' electric generation power plants and shall not be resold and that the gas received by Lone Star from Cities shall not be transported out of the State of Texas and the gas delivered by Cities to Lone Star shall be gas which has been pro- duced frora properties located solely in the State of Texas and shall have been transported from such source of production to the point of delivery to Lone Star solely in the State of Texas and without having been transported in interstate commerce nor commingled with any gas destined for sale or transporting in interstate commerce. The failure of either party to perform any of the covenants or obligations imposed upon it in this paragraph will cause irreparable injury to the other -14- f f ~ I party and such injured party shall be entitled to injunction relief and all other relief, at law and in equity, to which it may be entitled including but not limited to cancellation of this agreement. In the event of violation of the covenants or obligations imposed on either party in this paragraph such as would permit the assertion of the Federal Power Commission, or any successo- thereof, to jurisdiction over the exchange of such gas under the Natural Gas Act, as amended, this agreement shall be deemed to have terminated on the date of occurrence of such event. ARTICLE XIII. STATEMENT: As soon as possible after the end of each calendar month, Lone Star will furnish Cities a statement of the gas received at the point of delivery and redelivered at the points of redelivery during the preceding csle.^.dar m~rth. ARTICLE XIV. GENERAL: 1. Warranty: Each party hereto warrants the title to the gas delivered hereunder and that same is free from all liens and adverse claims. 2. Indemnity: As between the parties hereto, each party shall be in control and in possession of the gas deliverable by it hereunder and responsible for any damages or injuries caused thereby until the same shall have been delivereC to the other party at the point of delivery or points of redelivery, except injuries and damages which -15- • I . 1 shall be occasioned solely and proximately by the negligence of the receiving party. 3. Waiver of Breach: The waiver by either party of any breach of any of the provisions of this agreement shall not constitute a continuing waiver of other breaches of the same or other provisions of this agreement. 4. Notices: All notices provided for herein shall be in writing and shall be deemed to be delivered to Lone Star when addressed to Lone Star Gas Company, Attention: Industrial Gas Sales, 301 South Harwood Street, Dallas, Texas 75201, and deposited in the United States mail, postage prepaid, and shall be deemed to be delivered to Cities when addressed to Texas Municipal Power Pool, 711 Basque Blvd., Waco, Texas 76710, and deposited in the United States mail, postage prepaid. 5. Cavtions: The captions of headings preceding the various parts of this agreement are inserted and included solely for convenience and shall never be considered or given any effect in construing this contract or any part of this contract, or in connection with the intent, duties, obligations or liabilities of the respective parties hereto. 6. Assi rents: This contract shall be binding upon the parties hereto and their respective successors and assigns. All or any part of the rights or obligations of either party hereto may be at any time assigned, but any such assignment, unless accepted in writing by the other party hereto shall not relieve the assignor of its obligations hereunder to the event the assignee shall fail to perform the same in accordance with the terms hereof. i i E l ' i 7. Authorit_X: Each of the Cities represents that in making and entering into this agreement, it has through its duly elected repre- sentatives complied with the laws of the State and its City Charter and held such public hearings, given such notice, and otherwise done all things that are required in the valid exercise of such authority. 8. Regulatory Bodies: This contract and all operations hereunder are subject to the applicable federal and state laws and the applicable orders, rules and regulations of the Railroad Commission of Texas and of any other state or federal authority having or asserting jurisdiction; but nothing contained herein shall be construed as a waiver of any right to question or contest any such law, order, rule or regu'_,ltion in any forum having jurisdiction in the premises. 9. Taxes: Cities agree to pay or cause to be paid all taxes and assessments lawfully levied and unposed upon Cities with respect to the gas delivered hereunder prior to its delivery to Lone Star. Lone Star agrees to pay or cause to be paid all taxes and assessments law- fully levied and imposed upon Lone Star with respect to the gas redeliv- ered hereunder prior to its redelivery to Cities. Neither party shall be responsible or liable for any taxes or other statutory charges levied or assessed against any of the facilities of the other party used for the purpose of carrying out the provisions of this contract. Notwith- standing the foregoing, Cities agree to pay Lone Star by way of reim- bursement, the amount of any tax or assessment levied on Lone Star with respect to such gas by reason of the handling, transportation, storage or exchange of gas hereunder. -17- I I f ~M ~l 10. Merger: This agreement shall constitute the complete agreement of the parties hereto relating to the subject hereof, the terms of which may be varied only by the written agreement of the parties. 11. Counterpart Execution: This agreement may be executed in one or more duplicate counterparts, all of which shall constitute the complete agreement; provided, however, this agreement shall not be effective without the execution by all the parties of one or more counterparts hereof. 12. Agent for Cities: Cities hereby appoint Texas Municipal Power Pool, their agent for the purpose of receiving and giving notices, statements and carrying on normal operating and dispatching communica- tion hereunder and Lone Star is hereby authorized by Cities to so deal with such agent with the same reliance as if it were dealing with Cities and Cities shall be bound by all the acts of its agent; provided that Cities, collectively, may by written notice actually delivered to Lone Star designate a different agent. IN WITNESS WHEREOF, this agreement has been executed in quad- ruplicate originals by the parties hereto on the day and year first 4 herein written. A`1TEST: IANE STAR GAS COMPANY By "LONE STAR" ' -18- i I I. ji Vii: , ATTEST: CITY OF BRYAN By C ty Secretary ATTEST: CITY OF DENTON By City Secretary ATTEST: CITY OF GARLAND By City Secretary- ATTEST: CITY OF GREENVILLE V.. City Secretary "CITIES" 'I . r 9-6 t7 S.l. i. r;. `py l ~y h w ~ y sd~a, p4 CITY OF DENTON C~ TAX COLLECTION REPORT FOR MONTH OF March 1974-75 DELIN WENT TAX COLLECTION 1964 and Prior 94.44 1965 9.75 1966 47.85 1967 55.95 1968 23.25 1969 120.60 1970 161.25 1971 329.29 1972 291.22 1973 1,314.10 Total Delinquent Collection $2,447.70 Penalty and Interest 580.21 _ $ 3,027.91 CURRENT TAX COLLECTION 1974 $41;123.68 Penalty and interest 1,140.78 $92,264.46 Total Tax Collection 195,292,3/ 1973 Tax Levy $ 197345902.52 Collected This Date Last Year 116010575.77 92.3% Delinquent Collection This 20,178.17 Date Last Year 1974 Tax Levy* $ 1,900,948.49 Collected to Date 1,745,517.19 : Delinquent Collection to Date 250319.11 91.8% *The Levy is adjusted to reflect debits and credits that have been approved by the City Council. k)~ ~ r, r' l~y' CHANGE ORDER No. ...Pe Dated March..,21 1975 ADAP Protect No. 7-48-0067-01 Owners Project No 8184 Engineer's Project No....... .......05 Two (2) Visual Approach Slope Indicator Project W-ght.i.ng-J.2.r.B.ox ...Sys.tens Denton Municipal Airport owner ..GxtY...9f...Def?_t.on......Texas....... 7.62.0.1 Metroplex Industrial contractor Contract Date ...Fe .X.Ikl.XY....Up...19.7..5.............._... Contra" For 11ro (2) Visual Approach Slope...Indicator...Li.ghting.-..(2.-BOx.~,.,Sys etss To: Metroplex Industrial Constructors, Inc. Contractor You are directed to make the changes noted below in the subject contract: Owner ...C .tY..pf...NnUAj....T..e?Sd!.$ Hy V. . D e .........".?......_7J' Nature of the Change s Furnishing and installing, complete in place, two (2) locking safety switches at the Adninistratibn Building The safety switches shall ~~~~~used in a NEMA 3R enclosure for operation at 250AA , single phase, 60 hertz. The switches shall be two pole, fused, rated at 30 amps, General Sleatrio 204321U or approved equal. LAC Enclosures: NONE 7 0: J~A64 The changes readt in the following adjustment of C-mtract Price and Contract Time: Contract Price Prior to This Change Order s..19 P01 C OQ Net (locrease) (filar) Resulting from this Change Order s...... X5Q IOQ Current Contract Price Including Tics Change Order s„19, 673 .00 . NSPE 1910- D (1910 Edition) O IM xadoad soave of Prodmiaad RM~ Page I of .2.._ pages Contract Time Prior to This Change Order ............150.....__._.................. Calendar Days. Net (Increase) (Decrease) Resulting From This Change Order Q.................................. Cakndar Days. Current Contract Time Including This Change Order 15.0........... Calendar Days. The Above Changes Are Approved: F{AUPTIIANN,.._SCHMLL & MADSON.,. INC. I71GIH R by _ Ai/11~I.e....... Date ........MarCh..21.r....1.97.........._. The Above Changes Are Accepted: M~.t. x...Wus.t.I. t...CO 5.,...InC . c o by Date ` d c6 t -1~ . PW ..2... of . z... Pages Alexander i Alexander of Texas. Inc. Nowlin 830 TayLDr Street Alexander Fat Worth. Texas 76102 ~r,~ Telephone 817 3367121 &/k exander • Mr. Richard Steed Steed Construction Company P. 0. Box 6254 Ft.Worth, Texas 76115 3/21/75 • Oale Mailed IN ORDER TO EXPEDITE DELIVERY TO YOU. WE ARE ENCLOSING INSURANCE COVERAGES LISTED BELOW WITHOUT THE FOR. MALITY OF A LETTER. IF ANY CHANGES ARE DESIRED. PLEASE NOTIFY US IMMEDIATELY. Date Company Number Item 3/21/75 Safeco Insurance Company of America Bond No. 2431435 -Permit Bond to City of Lake Dallas, Texas in the amount of $25,000. for 5 Road Crossings. Enclosed is original Bond and copy for your records, or for the City of Denton's records and please sign the original Bond before forwarding to City of Lake Dallas. The invoice will be forwarded shortly. THANK YOU. The above transa&ton has received the personal attenWn of: (Hrs.) Mary Rushing ti i ' I SAFECO INSURANCE COMPANY OF AMERICA Home Offire: 4347 Brool:lyn Avenue N. E., Seattle, Washington 98145 BOND NO. 2431435 PERMIT BOND KNOW ALI, MEN BY THESE PRESENTS: That we, STEED CONSTRUCTION COMPANY, FT. WORTH, TEXAS as Principal, and the SAPECO INSURANCE COMPANY OF AMERICA, a Washington corporation, as Surety, are held and firmly bound unto City of Lake Dallas as Oblig In the sum of en y Five Thousand , ee, DOLLARS 5,000.00 ) for which sum, well and truly .o be paid, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals. and dated this 25th day of March 1975 THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS the Principal has been or is about to be granted a permit for construction of water line crossings at five locations in city streets in City of Lake Dallas, Texas. NOW, THEREFORE, if the Principal well and truly comply with applicable local ordinances, and shall repair any damage caused to such streets by said Principal in pursuance of such construction work and maintain such repair work for a period of one year after completion thereof, then this obligation to be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER: 1. This bond shall cont=nue in force: Until March 26, 1976, or until the date of expiration of any Continuatior Certificate executed by the Surety 2. This bond may be canceled by the Surety by the sending of notice in writing to the Obligee, stating when, not less than thirty days thereafter, liability hereunder shall terminate as to subsequent acts or omission:I of the Principal. STEED CONSTRUCTION COMPANY By. I VF- or SAFECO INSURANCE COMPANY OF AMEBIC Alexander f: Nexa ode of Texas, Mee. Nowlin By FW1TN+w.~Texas 76102 exander H. L.Hailey Attorney-ti a ct Tdephom f1}7 33fr7121 &Alexander SAFECO INSURANCE COMPANY OF AMERICA <I~' HOME OFFICE: 4347 BROOKLYN AVE. N.E., SEATTLE, WASHINGTON 98105 POWER OF ATTORNEY 1675 No. KNOW ALL MEN BY THESE PRESENTS: That Safeco Insurance Company of America, a Washington corporation, does hereby appoint W. T. NOILIN; DON LANCE; J. R. TAYLOR; A. R. BEAUMAN; A. P. WASHRUSN; 0, A, ASIMAKIS; H. L. HAILEY; SEID D. HONSE, Fort Worth, Texas its true and lawful aiiurney{s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind Safeco Insurance Company of America thereby as fully as if such utstruments hid been duly executed by its r-gularly elected officers at its home office. IN WITNESS WHEREOF, Safeco Insurance Company of America has executed and attested these presents this 25th April _ 19 74 Y of ■ o w,~1 u.~, 5tcllt t~~ r fd.LOM M. Mu Y, IA LS+OtMi CERTIFICArE Extract from the By-Laws of Safeco Insurance Company of America: "Article VI, Section 12.-FIDELITY AND SURETY BONDS the President, any Vice President, and the Secretary shall each have authority to appoint individuals as atforneys4n•f3ct or under other appropriate titles with authority to execute on behaf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business On any instrument making or evidencing spich appointment, the signatures may be affixed by facsimile. On any instrument conferring such authorRy or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduc.d; provid:d, however, that th^ seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of Safeco Insurance Company of Amerca adopted July 28, 1970 "On any certificate executed by the Secretary or an assistant secretary of the Company settutg out, (I) The provisions of Article VI, Section 12 of the Bylaws, -ind (ii) A copy of the power•uf•attorncy appointment, executed pursuant thereto, and (iii) Certifying that said powcrof•attorney appointment is in full force and effect, the sigruture of the certifying ufftcer nmy be by facsimile, and the seal of the Company may be a facsimile thereof." I, W. D. Iiammersla, Secretary of Safeco Insur:.nce Company of America, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of ibis corporation, and of a Power of Attorney issued pursuant thereto, are twe and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hrnd an4 affixed the facsimile seal of said corporation this 25th _ day of March ,1975 4o~Pla C~lE' SEA1, 19513 of MAST t' 51300 7/72 - PRINTED IN U.S.A. SAFE'CO INSURANCE COMPANY OF AINIMIICA Home Office: 4347 Brooklyn Avenue N. E. , Seattle, Washington 98105 BOND NO. 2431435 PERMIT BOND KNOW ALL MEN BY THESE PRESENTS: That we, _ STEED CONSTF.UCTION COMPANY, I'T. WORTN, TEXAS as Principal, and the SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, as Surety, are held and firmly bound unto City of Lake Dallas as Obligee, in the SUM Of Twenty Five Thousand DOLLARS ($25,000.00 } for which sum, wel! and truly to be paid, we bind ourselves, our heirs, executors, administrators, succe.3sors and assigns, jointly and severally, firmly by these present. Sealed with our seals, and dated this 25th day of Harch 1975 THE CONDITION OF TIIIS OBLICArION IS SUCH, That WHEREAS the Principal has been or is about to be granted a permit for construction of water line crossings at five locations in city streets in. City of Lake Dallas, Texas. NOW, THEREFORE, if the Principal well and truly comply with applicable local ordinances, and shall repair any damage caused to such streets by said Principal in pursuance of such construction work and maintain such repair work for a period of one year after completion thereof, then this obligation to be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER: 1. This bond shall continue in force: • Until March 25, 1978, or until the date of expiration of any Continuation Certificate executed by the Surety 2. This bond may be canceled by the Surety by the sending of notice in writing to the Obligee, stating when, not Less than thirty days thereafter, liability hereunder shall terminate as to subsequent acts or omissions of the Principal. TION OMPANY C STEED CONS 7-2 By SAFECO INSURANCE COMPANY OF AMEMIC By. it. L.}taI ey Attorney-i ct Lrl r EXHIBIT A TRINITY ENGINEERING TESTING CORPORATION 302 COLE STREET A. O. ■O% 10271 DALLA61. TEXAS 76207 21417/11.179611 April 8, 1975 City of Denton Department Qf Community Development Municipal Building Denton, Texas 76201 Attention: Mr. Jimmy Jones, P.E. City Engineer Re: Construction Testing and Inspection Services McKinney Street and Bell Avenue Improvements Denton, Texas Gentlemen: In response to your request we are submitting the following fee structure for testing and inspection services necessary for the construction of the above improvements: 1. Moisture-density tests (THD 114-E), each $100.00 2. Field density tests (Nuclear), each.......... 15.00 3. Plasticity index tests, each 20.00 4. Concrete cylinder tests, each.. 6.00 5. Concrete pavement mix designs, including regular aggregate analysis, each 75.00 Additional designs on same aggregates, each.. 40.00 Los Angeles wear tests, each 55.00 Confirmation beam tests (flexural strength), each 9.00 6. Control beams (flexural strength), each...... 9.00 7. Concrete placement inspection, including routine aggregate analysis, periodic plant inspection, and full-time placement inspection (slump, unit weight, and air content tests), per cubic yard of production, each 0.55 Akk, RATIONAL W.JETY OF ►AIMMONAL ENGIREFRS AIIERITAN SWR.TT SIN TESTING AND ■ATERIALS ANERICAN WELDING SOCIETY ANUICAN CONCRETE INSTITW" EXHIBIT 'A (CONTINUED) ` • ' City of Denton Page 2 April 8, 1975 8. Asphalt mix-designs, including aggregate analysis, optimum asphalt content, void analysis, and stability curves, per design ...$275.00 9. Asphalt plant inspection, including routine stockpile gradations, daily hot- bin analysis, extraction-gradation, laboratory density and stability, and field compaction tests, per ton of production, each 0.30 Based on the above unit prices and the estimated project quantities, we estimate the total project requirements for laboratory testing and inspection services to be around $10,000.00 to $12,000.00. This should be in the range of 1.5 to 2.0 percent of the project construc- tion cost. If you have questions concerning any of the above information, please let me know. We are always anxious to serve the testing and inspec- tion needs of your office. Respectfully submitted, TRINITY ENGINEERING TESTING CORPORATION Earnest R. Reynolds, P.E. Engineering Manager ERR:plc J r 1 u- S ` 11l 1 vV Pet. c;r E>f I t v L r 1! L e-k r.'71• ~ ~ ~j ~ r 7 r_I, ict_ / J .1 1 r C1 m 'A ~ ✓ 1 i.. '1. t I r • r 11~ X61. ~.lJ'2 \..1 Ld. ~y ,..r~~ r , ..:.....y . • C 1! r ~~"'Ire ;t<, t ij ri 1- sir i' ji n, dj, i`C:.t•v~l. f) r..1 l•.: ''•'"1~ 11 .+v a~ li:=SI t ~Lr ~ l',':- ;~11 '7T.v T?1^0 ~.)lC~~:'v'C't EY invo veC 30. V %.'c,3 o 'i'R'^. ^.C21Ft13L?°1'e -101-13r o-,7 .I co A~. U•1~:1 ~_1 -~;1 •L. ~:Ll'!C ~I;~v 1).~.C .4'1 lbw +~'~S I,C:!]o 09 IC/ zl~ev, "Cl r ~ •"Q~.~'~(`''~~-V/~,'.~.~ ~ .man... .tn 8 ' r r . J i c CL CSC ' ~ ~ 1Qe ~j L"'1....~..•.,.,,,..«~ is ~u.✓..... 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AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ADDING A NEW ARTICLE III TO CHAPTER 2 OF THE CODE OF ORDINANCES ENTITLED "RESEARCH AND ECONOMIC DEVELOPMENT BOARD"; PROVIDING A DECLARATION OF POLICY; PROVIDING FOR CREATION OF A RESEARCH AND ECONOMIC DEVE- LOPMENT BOARD AND PROVIDING FUNCTIONS FOR SAID BOARD; PROVIDING A SEVERABILITY CLAUSE, AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton., Texas, has a history of good economic growth and prosperity which benefits the entire com- munity; and WHEREAS, the City of Denton has its own municipal utility system which provides electrical, water and sewage services to both residential and commercial customers; and WHEREAS, it is recognized that the City of Denton needs a Research and Economic Development Board in order for the city to research,plans and promote economic excellence which would be•io'the benefit of the entire community; Now, Therefore, ` THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: PART I. That the Code of Ordinances of the City of Denton, Texas, is hereby amended by adding a new Article III to Chapter 2, which shall hereafter read as follows: "ARTICLE III. RESEARCH AND ECONOMIC DEVELOPMENT BOARD. Section 2-26 - The Research and Economic Development Board (a) There is hereby created a Research and Economic Deve- lopment Board to be composed of nine (9) members, appointed by the City Council for three (3) year terms and until their respec- t1ve successors have been appointed, and qualified; provided, that the members of the first board appointed under this provision shall, at their organizational meeting, draw for terms as follows: three (3) shall draw one year terms, three (3) shall draw two year terms, and three (3) will draw three (3) year terms, and at the expiration of each of the terms so provided for, a successor shall be appointed for a term of three years. Members of the board may be removed by the City Council only for cans and only after charges have been filed and published and the member has been given a reasonable opportunity to defend himself in an open public hearing before the City Council. Vacancies shall b,% filled for any unexpired term in the same manner as provided for regular appointments. (b) The Chairman of the Utilities Board and the City Manager or his designee shall be ex officio members of the board. They shall attend all meetings of the board and shall have the right to discuss any matter that is under consideration by the board but shall have no vote. (c) Members of the board shall be citizens of the City of Denton. (d) At its organizational meeting, and annually thereafter as soon as the newly appointed member (or members), has qualified; the board shall select from its own membership a chairman, vice- chairman, and secretary. Any five (5) of the regularly appointed members shall constitute a quorum. The board shall determine its own rules and order of business. The board shall meet at least once each month;.all meetings shall be open to the public and a permanent record of proceedings maintained. i Section 2-27 - Powers and Duties of the Research and Economic Development Board. (a) It shall be the duty of the board to act in an advisory capacity to the Council, with authority to hold public hearings and to study and recommend policies relating to the promotion, future planning, research and such other matters involving eco- nomic development for the City of Denton. (b) To receive and consider information of an economic nature that they may be made aware of and which would lead the city towards economic excellence. (c) To make recommendations to those public officials who can administer and implement action on matters of economic deve- . -2- Iopment. The board shall not have responsibility or authority over the public officials or employees of the city in the imple- mentation of their economic programs, (d) To appoint such citizens, as may be deemed necessary, as non-voting members, subject to approval of the City Council, to assist in accomplishing the programs and studies of the board. To recommend to the G.Lty Counn.il actions for imple- mentation and advertising that may be budgeted for this purpose." PART II. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. PART III. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is here- by directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED This the 4th day of March, A. D. 1975. a r TO STER, R tom} EM TEX¢ r CITY OR DEN/ v ATTES I 3S OL , CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM; C. IS , CIT ATTORNEY CITY OF DENTON, TEXAS y i, v r . i : 1 C , r` „ . : • f L f , I~li/ Sri 1rr 1,T, r , Y ~ 1~'. a `I a ~ ~I? t~.. S y11,1y~.. ♦ Cr L ~ r ~ I ; ~ r ~ t~ ti ~.~yw- ~,,I ~ I~{. Y 1*S~ 'f •••i..'j :Kf' . yr'v~ ii ~..'.x '2 lr NO. 764 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CITY BLOCK NO. 187-3, A PORTION OF TRACT NO. ONE (1), AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That the Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas, under provisions of Ordinance No. 69-1, be, and the same is hereby amended as follows: All the hereinafter described property is hereby removed from the "A" Agricultural District as shown on said Zon- ing Map, and all provisions of Ordinance No. 69-1, adopted the 14th day of January, 1969, as amended, shall hereafter apply to said property as "C" Commercial District in the same manner as other property located in the "C" Commercial District; All that certain lot, tract or parcel of land lying and be- ing situated in the City and County of Denton, State of Texas, and being further described as being approximately 3/4 acre located on the southwest corner of East University And Mayhill Road. This property is also known as City Block No. 187-3, a portion of Tract No. 1. SECTION II. That the City Council of the City of Denton, Texas hereby finds that such change is in accordance with a comprehensive 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 appro- priate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. SECTION III. That this ordinance shall be in full force and effect immedi- ately 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, Texas, after giving due notice thereof. PASSED AND APPROVED this the 4th day of March, A. D. 1975. P CITY OF DENT, TEXA& ATTES . CIT CRE AR C TY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: PAM AM$ CITY ATTORNEY OITY OF DENTONr TEXAS pp E r " Y r 4 r 4 1 . . 1 i't a r t L , r F , I 44 I-K AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 4TH DAY OF MARCH, A. D. 1975. R E S O L U T I O N WHEREAS, the Federal funds have been made available through the State of Texas for Traffic Engineering Studies aimed at the problems defined in the 1966 National Highway Safety Act; and WHEREAS, the City of Denton desires to apply for a grant for a Traffic Engineering Study to identify the problems, needs, and countermeasures for improving traffic safety; and WHEREAS, the City of Denton plans to implement the recommen- dations of this Traffic Engineering Study, insofar as feasible, for improvement to traffic safety; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: That Jim White, City Manager, be, and is hereby authorized to execute the necessary application instruments to apply to the Governor's Office of Traffic Safety and any other agency for grant funds to fund a Traffic Engineering Study for the City of Denton. This Resolution shall take effect immediately from and after its passage by the City Council of the City of Denton. PASSED AND APPROVED this the 4th day of March, A. D. 1975. PR - CITY OF DENTO TEXA ATTEST: i HOLTO CITY SECRETARY CITY OF DENTON$ TEXAS APPROVED AS TO LEGAL FORM: UL C. IS AM, CITY ATTORNEY CITY OF DENTON, TEXAS F Ql? rzN f a 1~{"_j .Ter- + ff~E~~. r~~^1 ~ 1tr r};7, ~ +y.} 4'Y• ' ~y 1/~ly~ /Ft'cF!L~~!i r t..,~ j ' ~ ~Y ~ 1:. '~i S~ 1i~ ~fp•~ r f1, r • MW - 0 1 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 7TH DAY OF MARCH, A. D. 1975. R E S 0 T~ U T I 0 N WHEREAS, pursuant to Section 208 of the Federal Water Pollu- tion Control Act Amendments of 19722 P.L. 92-5002 the Administrator of the United States Enviromental Protection Agency has by regulation published guide- lines for the identification of those areas which, as a result of urban-industrial concentrations or other factors, have substantial water quality con- trol problems (40 CFR Part 126); and WHEREAS, the Dallas/Fort Worth area satisfies the criteria contained in the Act and guidelines and designation of the area pursuant to Section 208 and those guide- lines is desirable; and WHEREAS, Section 126.10 of the guidelines requires, among other things, that the affected general purpose units of local government within the problem area must show their intent, through formally adopted resolutions, to loin together in the planning pro- cess to develop and implement a plan which will re- sult in a coordinated waste treatment management system for the area; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: the City of Denton recognizing that t'ie Dallas/Fort Worth area has substantial water quality control problems, supports designation of the area pursuant to Section 208 and the EPA guidelines, and intends to join with other affected general purpose units of local government within the boundaries of the area to develop and implement a plan which will re- sult in a coordinated waste treatment management system for the area. PASSED and APPROVED this the 4th day of March A. D. 1975. 4K4Ar_"V 'MA= R - CITY OF DEN V,, TE ATTE P)MKS OLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: 'C;ve- tg eoe-~- C. ISHAM-.MY ATTORNEY OITY OF DENTON, TEXAS f f . t i Fs~ > t rJ~~ ~r ~ s r `i t 1 1Y t 'rte(} v ~ f< f ~ ''ti ! ~ '1~ ~Ir ~•s'C"+. ~ ~ }AN UFR"I IFICA'Fl: 01: INSURANCE IIII S IS 'I(1 ('I,RI'IIN 01.11 ll,c 1,1111w% lg porkies, suhj.ct to their terms, conditions and cxrlltsiunsh:IVC b0cn issued tly, r1w co'1111 my nr c^ nl 111wN'ho%%rt Lrlow: l IIIS ('I lil II 1( A 11, r)l IN; UII!ANCI; ncolm Mirmativcly or Irc,ralivcly anlcnsk, cxtumis or 1110 Coate to alfouled by IhC p"hcy ur pl l it:, nrrn L, l+ v.;, r1ol i~. It an cudul 'Vert ❑1:,hilr; Ih0 pCrsuu, (ion or corporation a1 s31u;c rcy'.jrsl it k i„u0d •ul edJrtiull:d ul>ureil url Ilrt pnlic~ rq ln,licics rClcncd 1rr Imcin. In the event ++t' ,ng lualcrnll ch.mV in or c.wcd[Aion of tho policy or policies. Ills conlpany or cnlulilmcs v:ill ma1I l.n (10) days' will(crl uollie to the p,rrty 111 hhonl Ihisrcrllf~atc isaII&CSsCd. NA.!I_ArID.,!`f)III Of PART Y to LIIC1.1 CE [I [IF IL%IF IS ISSUED DATE; 12/17174 nLr.tAnls: E City of Penton t1unicirill 1'u ildinn • Denton, Texas 76201 fttn: Lrool s l'ol t 1 L City Secretary J _ I rrnr,t~ ANOnoul,t ~ or INSUI,CD. rTEft'lilliX, Ii;C. t'Or^• D?UCE TE! 11,11IX C( TANY 3029 Cryan Strect Pallas, Texas Polky Effective Expiration fn.ri(;nce Coin pary Type of lns(prarxe C1un her Dutu LAUTS OF LIABILITY' Dato Actrm fire nIV ua i•, (.u,nl r m.i UUO I11UtWy IInd rnrIPt•;tr~rq .1"I 41C 1,i an 12 10-1-74 10-1-75 Insurance CO. (Fmpl,q^rsI0,ihty - rmproymti"!):I&JLimit; -S1")0'V.0 Con gnchclyd ve ESoQdy Injury Aotna Fire G^ncral Li:t,ility S ExF Pcrson Undera,ri ters +CG 79 44 22 10-1-74 10-1-75 Insurance Co, s300,00~.__Earhor,:arre~~ I - Agg.cp-lc rr0r4 • ~ $300,000. P. G~~„pLtcd Up Opcralionti Property Damage S 5O $ a000. Eo_rh Occurrcree 5Q QQQ-. Agrcuaic ~ Operations $ 50,000, A,grequ!,j tective + s 50 ~000.~ Ay;r.,;ula co~tractuul~ . s Aanr,;,,: haloes Comprchcr;ivc - E.'aL1y Injury Aetna Fire CG 79 44 22 10-1-74 10-145 - nvrc,molri,eLi.r,,ifity•• s100,000.E30nrcon 1nderlIriters 1300,Ofl0,F.,,.hocorrr_nce Insurance Co, Propo ty Dmoaga - - $ 50,000, fachoccurrence A,erican Nome Uclbrella CE3 37 58 08 11-5-73 11-5-76 51,000,000, insurance Co, Liability 'AL;cjccofiny:,uprupri,r+r entryrnconsoosurhinsuranceis in force. FRED. S. JAMES tx' CC). OF TEXA$,'INC. "Gaunt;.If osnn J, nurrnr.•x'cf rx hircJ rrl rir lr,. 2001 McKinncy Ave, - Dallas, Texas 75201 ml a AuUiurUL1l Ilgl nl,tiyu ul 010 Wav 1 Courl+.miis n,fiv,nl ro ubovt. ys I!~, AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 4TH DAY OF MARCH, A. D. 1975• R E S O L U T I O N WHEREAS, a need exists within the City of Denton to reduce maJor crime through a close contact and cooperative effort be- tween the Denton Police Department and the citizens of Denton; and WHEREAS, funding is available from the Texas Criminal Justice Council to assist the City of Denton in supporting a Police Crime Prevention Unit. NOW, THEREFORE, BE IT RESOL`TD BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: Applications be made to the Texas Criminal Justice Council to assist the City of Denton in financing a Crime Prevention Unit. PASSED AND APPROVED this the 4th day of March, A. D. 1975. l M 0- CITY OF DENT TEX ATTEST: i' S HOL , CITY SECRETARY- CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: . _W I$ AM, CITY ATTO E CITY OF DENTON, TEXAS 17 ~4 r v~•}.~... !..!~•ti. .r. 'Ji♦'i~r~r '~S l~: rV A~ t ..✓Fq;v Y f. I ~ !.i ! ~•f u~ILY 1 F• yi'+•~ t 6& < .75, 1 A AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON$ TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 4TH DAY OF FEBRUARY, A. D. 1975. R E S 0 L U T I C, N WHEREAS, a need exists within the Police Department of the City of Denton for Multi-Channel Monitoring and Recording Equip- ment; and WHEREAS, funding is available from the Texas Criminal Justice C-uncil to assist the City of Denton in the purchase of this needed equipment. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON$ TEXAS, THAT: Application be made to the Texas Criminal Justice Council to assist the City of Denton in the purchase of Communications Multi- Channel Monitoring and Recording Equipment for the Denton Police Department. PASSED AND APPROVED this the 4th day of March, A. D. 1975. MA PR - 'M CITY OF DENT , TE ATTEST, 4 KS HOET, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: 5z;&~ `PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS f , 1 k> . ~s P 1 Y ~ i r a r ~ ' a ~ 1 1 • ~ - 1 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 4TH DAY OF MARCH, A. D. 1975. R E S O L U T I O N WHEREAS, the incorporated municipalities of Bryan, Greenville, Garland and Denton, Texas, each are classed as a "public entity" within the meaning of that term, as defined in Article 1435a, Vernon's Annotated Texas Civil Statutes and under the provisions of the aforementioned law, public entities have heretofore been given the authority and right to jointly provide electric facilities for the generation and transmission of electric power; and WHEREAS, the City Council of the City of Denton, Texa,, has determined that the purpose nd intent of Article 1435a could best be utilized and effecte by public entities through a joint powers agency created by public entities and controlled by them through the appointment of directors; and WHEREAS, legislation has been prepared which this governing body feels would be benefiZ~ial in the accomplishment of the pur- poses heretofore approved by the Legislature of the State of Texas, and it appears to this governing body that appropriate safeguards are included in the Bill to protect the interest of the public; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: The City Council of the City of Denton, Texas' governing body does hereby approve the proposed Bill (attached hereto and made a part of this resolution for all purposes) which provides for an amendment to Article 1435a, Vernon's Annotated Texas Civil Statut°s. This governing body does commend to the Legislature of the State of Texas the provisions of the Bill and requests that con- sideration be given to its early passage. The City Secretary is hereby authorized to furnish copies of this resolution to the City's Senators and Representatives in the 64th Legislature. PASSED and APPROVED this the 4th day of March, A. D. 1975• M P 0- M CITY OF DENTO TEX BRO6KS OL , CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS • .B. No. By A BILL TO BE ENTITLED AN ACT to amend Chapter 166, Acts of the 63rd Legislature, Regular Session, 1973, by adding a new section so as to authorize public entities to create a joint powers agency (without taxing power) to accomplish the pur- poses of Article 1435a; prescribing and limiting the powers of such Agency; pro- viding such Act shall prevail over conflicting laws or charter provisions; providing sev- erance clause; and declaring an emergency. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: Section 1: That Chapter 166, Acts of the 63rd Legislature, Regular Session, 1973, be amended by adding a new section thereto to be known as Section 4-A, which new Section shall read as follows: "Section 4-A: In order to more readily accomplish the purposes of this Act, two or more public entities by concurrent ordinances may create a joint powers agency (to be known as a Municipal Power Agency) without taxing power, as a separate municipal corp- oration, a political subdivision of the State, and body politic and corporate, to-have and exercise all of the powers which are by Chapter 10 of Title 28, Revised Civil Statutes of Texas, 1925, as amended, and this Act, conferred upon a public entity or entities, provided that such Agency shall not be authorized to engage in any utility business other than generation, transmission and sale or extaange of electric energy.to public or private entities. "Public entities which establish a joint powers agency may, by concurrent ordinances, provide for the re-creation of such agency by the addition and deletion, either or both, of a public entity so long as there is no impairment of obligation of any•existing obligation of the Agency. "Concurrent ordinances are ordinances or orders adopted by the governing bodies of more than one public entity which contain identical provisions with respect to the creation or re-creation of a public powers agency. "The public entities which create (or provide for re-crea- tioii by addition or deletion of a public entity) a joint powers ayency'shall by concurrent ordinanc^_s (i) define the boundaries of the Agency, to include the territory within the limits of such public entities, (ii) designate the name of the Municipal Power Agency, (iii) designate the number of directors (not less than 4) that will constitute the Board of Directors of the Agency and the initial term,(so as to initially provide staggered terms) as may be agreed upon by the said public entities as evidenced by such con- current ordinances; and (iv) specify the manner in which such directors shalt be appointed, but in any event such public entity shall be entitled to appoint at least one director. "Directors shall serve by places and the concurrent ordi- nances shall specify the director for which place (and his successors) the governing body of the particular public entity may appoint. A director shall be a qualified elector and reside within the boundary of the Agency at the time of execution of his constitutional oath of office. Directors shall serve without compensation, and an employee, officer, or member of the governing body of a public entity may serve as a director of the Agency, but shall have no personal interest (other than as may exist as an employee or officer, or member of the governing body of a public entity) in any contract executed by the Agency. "The Agency is empowered to make contracts, leases and agreements with, and accept grants and loans from, the United States of America, its departments and agencies, the State of Texas, its agencies, counties, municipalities and political subdivisions, and public or private corporations and persons, and may generally perform all acts necessary for the_full exer- cise of the powers vested in it; to participate through appro- pirate contracts in power pooling and power exchange arrange- ments with other entities either through direct or indirect system interconnections and each entity is given 'full authority to purchase electric energy from the Agency or to sell, dispose of (or exchange) electric energy to the Agency. The Agency may sell, lease, convey or otherwise dispose of any of its rights, interests or properties which are, in its judgment, not needed for the efficient operation and maintenance of its electric facilities. The responsibility of the management, operation and control of the properties belonging to the Agency shall be vested in the Board of Directors. "Contracts for the sale or exchange of energy by the Agency may be entered whereby the purchaser is obligated to pay for the same irrespective of whether such energy is produced or delivered to the purchaser. The Agency is likewise empowered to establish and maintain rates and charges for energy delivered, transmitted or exchanged, which shall be reasonable and in accordance with prudent utility practices. In the absence of a contract whereby a purchaser of energy waives such right, the rates and charges for power and energy sold or exchanged by the Agency shall be based upon periodic "Cost of service studies" and be subject to modification. The rates and charges schedule or contract payments shall be developed with regard to the recovery of the cost of producing and transmitting (if such service Lt performed) such electric power and energy, including the amortization of the capital investment. "The State of Texas reserves its power'to regulate and control such rates and charges for electric energy supplied by • the electric facilities, but does hereby pledge to and agree with the purchasers and successive holders of the obligations issuers hereunder that the State will not limit or alter the powers hereby vested in the Agency to establ;.sh and collect such rates and charges as will produce revenues sufficient to ' pay for (1) all necessary operational and maintenance expenses, -(2) all interest and principal on obligations issued by the Agency, (3) all sinking funds and reserve fund payments, and (4) for any other charges necessary to fulfill the terms of any agreements theretofore made or in any way to.impair the rights or remedies of the holders of the obligations, until the obliga- tions, together with the interest thereon, with interest on unpaid installments of interest, and any other obligations of the Agoney in connection therewith, aro fully met and discharged. "To the payment of obligations issued by it, the Agency may pledge the revenues of all or part of its electric facilities (including or not Including those thereafter acquired) as the Agency may determine, but the expense of operation and maintenance .(including salaries, labor, materials, and repairs necessary to render efficient service) of the facilities whose revenues are so encumbered and pledged shall be a first lien on and charge against such revenues. "The Agency shall have the full power to issue revenue bonds or notes (herein sometimes referred to as obligations) from time to time for the accomplishment of its purposes within the interest rate limitations of Chapter 3, Acts of the 61st Legislature, Regular Session, 1969, as amended by Chapter 3, Acts of the 61st Legislature, 2nd Called Session, 1969 (Article 717k-2, V.A.T.C.S.). "From the proceeds from the sale of obligations of the Agency, the Agency may set aside amounts for payments into the interest and sinking fund and reserve funds, and for interest and operating expenses during construction and development, as may be specified in the authorizing proceedings. Bond pro- ceeds may be invested pending their use for the purpose for which' issued, in such securities or interest bearing certificates or in time deposits as may be specified in such authorizing proceedings. "Prior to delivery thereof, all obligations authorized to be issued hereunder and the records relating to their issuance shall be submitted to the Attorney General of Texas for examination, and if he finds that they have been issued in accordance with the Constitution and this Act, and that they will be binding special obligations of the Agency issuing same, he shall approve them, and thereupon they shall be registered by the Comptroller of Public Accounts of CAe State of Texas, and after such approval and registration and the sale and delivery of the bonds or notes to the purchaser, they shall be incontestable. ' "Refunding bonds or notes may be issued for the purposes and in the manner now or hereafter provided by general law, including, without limitation, Chapter 503, Acts of the 54th Legislature, Regular Session, 1955, as amended (Article 717k, V.A.T.C.S.),.and Chapter 784, Acts of the 61st Legislature, Regular Session, 1969 (Article 717k-3, V.A.T.C.S.), as presently enacted or hereafter amended. "All obligations issued by an Agency pursuant to this Act shall be and are hereby declared to be legal and authorized investments for banks, savings banks, trust companies, building and loan associations, savings and loan associations and insur- ance companies and shall be eligible to secure the deposit of any and all public funds of the State of Texas and any and all • public funds of cities, towns, villages, counties, school districts, or other political corporations or subdivisions of the State of Texas, and such obligations shall be lawful and sufficient security for said deposits to the extent of the principal amount thereof, or their value on the market, whichever is the lesser, when accompanied by all unmatured coupons, if any, appurtenant thereto. "The Agency may adopt (and from titre to time amend) rules and regulations to govern the operation of the Agency, its employees, facilities and service, but in no event may any con- tract for the construction of improvements be let or awarded -by the Agency which involves the expenditure of more than $20,000 unless notice to bidders has been published as provided by Section 6(b) of The Certificate of Obligation Act of.1971 (Article 2368a,1, V.A.T.C.S.). An entity may negotiate and enter into contract for the purchase of electric energy from the Agency and payments for such energy purchased shall be an operating cx,ense of the electric system of the purchaser. "The Agency may elect to utilize the Uniform System of Accounts Prescribed For Utilities and Licenses prescribed by tho Federal Power Commission. ; "The bonds or notes shall be signed by the presiding officer or the assistant presiding officer of the Agency, shall be attested by its secretary, and shall bear the seal of the Agency. It is provided, however, that such signatures may be printed or lithographed on the bonds and notes if author- ized by the Agency, and such may be impressed on the bonds or notes or may be printed or lithographed thereon. The Agency may adopt or use for any purpose the signature of any person who shall have been an officer, notwithstanding the fact that he may have ceased to be such officer at the time when bonds or notes shall be delivered to a purchaser or purchasers. The bonds or notes shall mature serially or otherwise in not to exceed 50 years, from their respective dates of issuance, may be sold (within interest rate limitations herein provided) at a public or private sale at a price or under terms determined by the Agency to be the most advantageous reasonably obtainable, within the discretion of the Agency, may be made callable prior to maturity at such times and prices as approved by the Agency, and may be in ~:>>upon form with or without provif~ions for regis- tration as to principal or may be registrable as to both prin- cipal and interest. "Bonds and notes issued under the provisions of this Act, and coupons' (if any) representing interest thereon, shall when delivered be deewed and construed to be a "Security" within the meaning of Chapter 8, Investment Securities, of the Uniform Commercial Code (Chapter 785, Acts of the 60th Legislature, Regular Session, 1967)." "This Act shall be liberally construed to carry out the purpose of its adoption and shall be in gull and com- plete authority for the creation and operation of public powers agencies and the performance of the public duties imposed upon them. Insofar as this Act is inconsistent .with any other laws (including Chapter 10 of Title 281 Revised Civil Statutes of Texas, 1925s as amended, or others regulating the affairs of municipal corporations) or with any home rule charter provisions, then the provisions of this Act shall ccntrol." Section 2: Nothing in this Act shall be construed to violate any provision of the Federal or State constitutions, and all acts done under this Act si,all be in such manner as will conform thereto, whether expressly provided or not. Where any procedure hereunder may be held by any court to be violative of eithr of such constitu- tions, the Agency shall have the power by resolution to provide an alternative procedure conformable with such constitutions. If any provision of this Act should be invalid, such fact shall not affect the validity of any other provisions of this Act, and the Legislature hereby declares that it would have enacted the valid provisions of this Act notwithstanding the invalidity of any other provision or provisions hereof. Section 3: The fact that there is urgent need to provide for Municipal Power Agencies to be established in order to provide needed electric facilities creates an emergency and an imperative public necessity that the Constitutional Rule requiring bills to be read on three several days in each House be suspended, and this Rule is hereby suspended; and that this Act shall take effect and be in force from and after its passage, and it is so enacted. f T 1 S. 7D r f r u' N P i ~I ~ i r. , 1 ~ 1 y ~ r1 i t yr or f r Y ~ ~r i2 r1♦ ✓AI 1}1.: I< I F1,' 1 1 I t r:. 5 I 1~~ 11 . Y41 la! ~.r, ~ ~ ~.a ~ i ~ _ i t ! ~ ~•y1, t Y ~ x f,; R ` F-ti!t " I , fl 71 rf1 U'C4 a U' F~ r~Yk; C4 C+ ik, C ~ .r A i y b' A a M 8 O it~+ m {u X ii W u C% 0 % •i "f N (A cfi c ^ W (O~ oil F--' O m Syr C+ C+ µ C W w w m K R! y O h ~ $ = W w y n o m m a Z n z m O o = M '1 fD z 7 R ra ,i m T m =r X y rW! D r~ 'J A yW+a ~ v N ~ H v ' O F", J o A f9 N 0 iR 303 WEST WOODAED MM DENISOK MAS 75020 TELEPHONE "5-5030 March 4, 1975 Balm E. Harwell Roy L. McKinney, III City Clerk City of Denton Denton, Texas 76201 Re: Allen Plumbing, Heating & Air Conditioning Denison, Texas Dear Sir: We have enclosed Continuation Certificate for the renewal of the Plumbing, Heating & Air Conditioning bond effective March 3, 1975 for a period of one year. Trusting you find in order, we are Yours very truly, MCKINNEY-HARWELL AGENCY Roy L icKinn' ey, i Encl. cc: Allen Plumbing Company 3030 Hwy. 75 - S Denison, Texas 75020 229 West hickory Box 518 Denton Texas 76201 817 387 61 48 U-VFE TITLE company of Denton February 4, 1975 Mr. Jim White, City Manager Municipal Building Denton, Texas 76201 Re: Pearl B. Stuart - City of Denton Dear Sir: We are enclosing Owner's Title Policy No. 970380 covering the purchase of property by the City of Denton from Pearl B. Stuart. If we can be of further service to you in the future; please call us. Verryy truly yours, USi,IFE TITLE COMPANY OF DEN'TON } By: • Ottis Akers OA/bp encls U:UFE TITLE INSURANCE COMPANY& Dallas Owner Policy of Title Insurance USLIFE TITLE INSURANCE COMPANY of Dallas, DALLAS, TEXAS, a Texas Corporation, HEREINAFTER CALLED THE COMPANY, for value does hereby guarantee to the herein named Insured, the heirs, devisees, executors and administrators of the Insured, or if a cor• poration, its successors by dissolution, merger or consolidation, that as of the date hereof, the Insured has good and indefeasible title to the estate or interest in the land described or referred to in this policy. The Company shall not be Rable in a greater amount than the actual monetary loss of the Insured, and in no event shall the Company be liable for more than the amount shown in Schedule A hereof, and shall, except as hereinafter stated, at its own cost defend the Insured in every action or proceeding on any claim against, or right to the estate or interest in the land, or any part thereof, adverse to the title to the estate or interest in the land as hereby guaranteed, but the Company shall not be required to defend against any claims based upon matters in any manner excepted under this policy by the exceptions in Schedule B hereof or excluded by Paragraph 2, "Exclusions from Coverage of this Policy.- of the Conditions and Stipulations hereof. The party or parties entitled to such defense shall within a reasonable time after the commencement of such action or proceeding, and in ample time for defense therein, give the Company written notice of the pendency of the action or proceeding, and authority to defend. The Company shall not be liable until such adverse interest, claim. or right shall have been held valid by a court of last resort to which either litigant may apply, and if such adverse interest, claim, or right so established shall be for less than the whole of the estate or interest in the and, then the liability of the Company shall be only such part of the whole liability limited above as shall bear the same ratio to the whole liability that the adverse interest, claim, or right established may bear to the whole estate or interest in the land, such rata to be based on respective values determinable as of the date of this policy. In the absence of notice as aforesaid, the Company is relieved from all liability with respect to any such inter- est, claim or right; provided, however, that failure to notify shall not prejudice the rights of the Insured if such Insured shall not be a party to such action or proceeding, nor be served with process therein, nor have any knowledge thereof, nor in any case, unless the Company shah be actually prejudiced by such failure. Upon sale of the estate or interest in the land, this policy automatically thereupon shall become a warrantor's policy and the Insured, the heirs, devisees, executors and administrators of the Insured, or if a corporation,.Hs successors by dissolution, merger or consolidation, shall for a period of twenty-five years from date hereof remain fully protect d according to the terms hereof, by reason of the payment of any loss he, they or it may : ustain on account of any SJPRNCE Cc v arranty of title contained in the transfer or conveyance exectrrd by the Insured conveying r: s the estate or interest in the land. The Company shall be liable under said warranty only by reason of defects, liens or encumbrances existing prior to or at the date hereof and not SHAL excluded either by the exceptions or by the Conditions and Stipulations hereof, such liability r • r not to exceed the amount of this policy. r Sim IN WITNESS HEREOF, the USLIFE TITLE INSURANCE COMPANY of Dallas has caused this policy to be executed by its President under the seal of the Company, but this policy is to be valid only when it bears an authorized countersignature, as of the date set forth in Schedule A. rn `'X LS Attest Senor Y,ce-PreYdent SecrrterYand rretsurv Atvwtjl~ AvfAOrired $rpne7we FORM M 1 SOM 9r7H Forrtterfy DALLAS TITLE AND GUARANTY CCMNPANY Conditions and Stipulations 1. Definitions The following terms when used in this policy mean: (a) "land": The land described, specifically or by reference, in Schedule A, and improvements affixed thereto which by law constitute real property. (b) "public records"; Those records which impart constructive notice of matters relating to the land. (c) "knowledge": Actual knowledge, not constructive knowledge, or notice which may be imputed to the Insured by reason of any public records. (d) "date": The effective date, including hour if specified. 2. Exclusions from the Coverage of this Policy This policy does not insure against loss or damage by reason of the following: (a) The refusal of any person to purchase, lease or lend money on the land. (b) Governmental rights of police power or eminent domain unless notice of the exercise of such rights appears in the public rec- ords at the date hereof; and the consequences of any law, ordinance or governmental regulation inkxdrng, but not Unshed to, 40 building and zoning ordinances. (c) Any titles or rights asserted by anyone including, but not limited to, persons, corporations, governments or other entities to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or to any land extending from the line of mean low tide to the line of vegetation, or to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or to filled-in lands, or artificial islands, or to riparian rights, or the rights or interests of the State of Texas or the public generally in the area extending from the line of mean low tide to the line of vegetation, or their right of access thereto, or right of easement along and across the same. (d) Defects, liens, encumbrances, adverse claims against the title as insured or other matters 11) created, suffered, assumed or agreed to by the Insured at the date of this policy, or (2) known to the Insured Pt the date of this policy unless disclosure thereof in writing by the Insured shall have been made to the Company prior to the date of this policy; or km or damage which would not have been sustained if the Insured were a purchaser for value without knowledge; or the homestead or community property or 'survivorship rights, if any, of any spouse of any Insured. 3. Defense of Actions (a) In all cases where this policy provides for the defense of any action or proceeding, the Insured shall secure to the Company the right to so provide defense in such action or prc+ceeding, and all appeals therein, and permit it to use, at its option, the name of the Insured for such purpose. Wherever requested by the Company, the Insured shall give the Company all reasonable aid in any such action or proceeding, i effecting settlement, securing evidence, obtaining witnesses, or defending such action or proceeding. (b) The Company shall have the right to select counsel of its own choice whenever it is required to defend any action or pro- ceedinp, and such counsel shall have full control of said defense. (c) Any action taken by the' Company for the defense of the Insured or to establish the title as insured, or both, shall not be con- strued as an adm ssion of liability, and the Company shall not thereby be held to concede liability or waive any provision of this policy. 4. Payment of Loss (a) No claim shall arise or be maintainable under this policy for liability voluntarily assumed by the Insured in settling any claim or suit without written consent of the Company. (b) All payments under this policy, except payments made for costs, attorney fees and expenses, shall reduce the amount of the insurance pro Canto; and the amount of this policy shall be redured by any amount the Company may pay under any policy insuring the validity or priority of any lien excepted to herein or any irstrumenl hereafter executed by the Insured which is a charge or lien on the land, and the amount so paid shall be deemed a payment to the Insured under this policy. (c) The Company shall have the option to pay or settle or compromise for or in the name of the Insured any claim insured against by this prnicy, and such payment or tender of payment, together with all costs, attorney fees and expenses which the Company is obligated hereunder to pay, shall terminate all liability of the Company hereunder as to such claim. Further, the payment or tender of payment of the full amount of this policy by the Company shall terminate all liability of the Company under this policy. (d) Whenever the Company shall have settled a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the Insured, and it shall be subrogated to and be entitled to all rights end remedies of the Insured against any person or property in respect to such claim. The Insured, if requested by the Company, shah transfer to the Company all rights and ert>adies against any person or property necessary in order to perfect such right of subrogation, and shall permit the Company to use the name of the Insured in any transaction or fdigation involving such rights or remedies. 5. Policy Entire Contract Any action, actions or rights of action that the Insured may have, or may bring, against the Company, arising out of the status of the title Insured hereunder, must be based on the provisions of this policy, and all notices required to be given the Company, and any statement in writing required to be furnished the Company, shall be addressed to it at Dtrlas, Dallas County, Texas. f. This policy is not transferable. w COOZ~~p m 0 DDS f7~Q-IQ 4 c m i s 0 C, o a 3~f H H O C N m y tD Q-fD ° s'~ Sm `y 3~o0d~i d7•N►d0 cn ogvr n N 43 3 R n' :r 0 O n! n! m m° o w w ■ u < m < . q ] m] m N° w n 0 G° C r+ N N- S» a S O 9 S a. RNRS~3~~33w~9o a a<]< a c m a z so°°° °ge]°~ a Z o z z M CA N t -r .f Y SCHEDULE A Gc No. or fil,. No.: 1344% by Owner Policy No.: O 570380 Amount: M505-00 Date of Policy: February 4, 1975 Name of Insured: CITY OF DENTONt TEXAS, a Municipal Corporation 1. The estate or interest in the land insured by this policy is: Fee Simple (fee simple, leasehold, easement, etc.-identify or describe) 2. The land referred to in this policy is described as follcros: Partial taking consisting of the South eight (S) feet of the below described tracts to form a strip measuring eight (S') feet by fifty seven and one-half (57.5) feet. FIRST TRACT: Part of the Wm. Neill Survey, Abstract No. 971, situaTcn Fee City and County of Denton, State of Texas, being part of a lot sold by J. S. Bailey to Joe Alsup on July 3, 1903,•being same I nd conveyed to Mrs. L. B. Brazier by Joe Alsup and wife, on January It 1906, deed of record in Volume 99, Page 531, Deed Records of Denton County, Texas, described as follows: BEGINNING at the Southeast corner of said Alsup lot on North line of Pearl Street; THENCE West with the North line of Pearl Street 45 feet for corner; THENCE North 175 feet for corner on the North line of said Alsup lot; THENCE East with said North line 45 feet to N. E. corner of said Alsup lot; THENCE South with the East line of said Alsup lot 175 feet to place of beginning, same tract conveyed by Mrs. L. B. Brazier to J. W. Erwin by deed of record in Volume 170, Page 222, of Deed Records of Denton County, Texas. SECOND TRACT: Out of said Wm. Neill Survey, Abstract No. 971, being prof Stanfield Addition to City of Denton, Texas, described as follows: BEGINNING at a point on R. B. line of Pearl Street 120 feet East from the E. B. line cf J. A. Carroll's tract out of said survey, being S. E. corner of lot deeded by G. H. Cranston to George Fastoff; THENCE East with N. B. line of said Pearl Street 12-1/2 feet-for corner; THENCE North 175 feet for corner; I TIMME West 12-1/2 feet to Northeast corner of said Fasthoff lot; THENCE South with E. B. line of said Fasthoff lot, 175 feet to the place of beginning. DrMM I SCHEDULE B • Owner Policy No.: 9703W Thi, policy is subject to the _'onditions and Stipulations hereof, the terms and conditions of the leases or easements in- sured, if any, shown in Schedule A, and to the follovting matters which are additional exceptions from the coverage of this policy: 1. Restrictive covenants affecting the land described or referred to above. None of record. 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments, or any overlapping of im- provements. 3. Taxes for the year 19_75_ and subsequent years., not yet due and payable. 4. The following lion(s) and all Lrms, provisiois and conditions of the instrument(s) creating or evidencing said lien(s): None. 5. Any portion _)f the captioned property falling within the boundaries of any r)ad, street or highway. 6. Visible and apparent easements on or across the property. s rawrd.. Iam VIA TEXAS MUNICIPAL POWER POOL Accounting System Review March 14, 1975 i j' i . PEAT. MARIVICK. MITCHELL & CO. SUITE 1500.2001 DRYAN TOWER DALLAS. TEXAS 15201 March 14, 1975 Mr. Paul R. Cunningham, P.E. Executive Director Texas Municipal Power Pool Forest Park Center 7111 Bosque Boulevard , Waco,. Texas 76710 Dear Mr. Cunningham: We have completed our preliminary study of the Texas Municipal Power Pool's (TMPP) accounting requirements and include our findings and recommendations in this report. As presented in our letter of January 15, 1975, the major goals, of this project were to: . identify the accounting requirements of TMPP; . conceptually design an accounting and reporting system to meet the defined accounting requirements; and . confer regarding the tax considerations of various courses of action. This report contains the accounting and reporting system requirements of TMPP. We have structured it to present our findings and recommendations as fol loos : I - Accounting Records II - Operating Procedures III - Reporting IV - Accounting Staff Requirements V - Other Decisions Facing TMPP Members t During your visit to our Dallas office, you briefly discussed some tax considerations virh Mr. Dean Grossnickle, a partner in our Tax Department. Future consultation may be necessary. ,T. P. M. M. & CO. Mr. Paul R. Cunningham ii March 14, 1975 We appreciate this opportunity to assist the Texas Municipal Power Pool on this project and look forward to providing continuing service. We also wish to express our anr-reciation for the cooperation and assistance provided by the Texas Municipal Power Pool personnel. Very truly yours, kWWiF k I - ACCOUNTING RECORDS In this section of the report, we present our findings related to the current accounting records and recommendations for changes to reduce clerical effort and provide for articipated growth. CURRENT ACOOUNTING RECORDS We found the current accounting records complete and very neatly maintained. We die observe that many transactions are posted to several different accounting records. Some posting duplication is necessary, because each expenditure must not only be charged to the proper expenditure classification, but must also be allocated among TMPP members as a receivable. However, such duplication should be minimized. The following accounting records are currently maintained by TMPP: Cash Receipts Journal - a listing of each cash receipt including date, received from, amount of the debit to cash, the account to be credited and the amount of the credit. Check Register - a listing of each check issued including date, paid to, check number and the amount.to be debited to accounts payablef and credited to cash. . Accounts Payable Subsidiary Ledger - a detailed record of the balance due each member -including date, description, posting reference, amount payable, check number, amount paid and balance payable. Vouchers applicable to pool expenses are listed on a single detail record in the accounts payable subsidiary. Accounts Receivable Subsidiary Ledger - a detailed record of the balance receivable from each member including date, description, posting reference, amount receivable, date, amount received and balance receivable. Vouchers applicable to pool expenses are listed on a single pool expense clearing detail record in the accounts receivable subsidiary ledger. . Transaction Register - a detailed record of expenditure category of the allocation of each voucher payable to members. The pool expense category is shown as a credit i to accounts payable and a debit to the pool expense clearing account with separate columns used to group contingencies, I-2 direct salaries and fringe benefits, general office expense and travel expense. Information for all other expenditure categories includes date, payee, accounts payable credit amount, accounts r-ceivable debit amount for each member and other party, and the purpose of the voucher. . General Journal - a listing of debits and credits with explanations that are not summarized in other journals. This is the last page of the transaction register and is labeled miscellaneous journal entries. General Ledger - a listing of the monthly activity in each asset, liability and income account as transferred from other accounting records. Expenses are not included i in'the general ledger because they are recorded as receivables from :members. TRANSAGNON VOLUME The volume of financial transactions is a major factor in determining the staff required and the degree of automation required to operate a timely and reliable accounting system. Generally, the larger the volute of routine transactions, the greater the opportunity to reduce posting and other clerical efforts through utilization of automated data processing,. Discussions with THPP personnel indicated the following rather low volume of uronthly financial trans- actions; Monthly Transaction Volume . Total checks issued 40 . Payroll checks (4 twice monthly) 8 Member billings 10-20 • Cash receipts 10-20 . Invoices paid 35-40 Used upon our review of your preset t accounting requirements, present financial transaction volumes and'plans for future expansion of TMPP activities, we recommend continued usage of the present accounting system until such time as transaction volumes increase significantly. This will probably not I-3 occur until construction of a facility or facilities commences. We recommend reviewing the transaction volume annually to ascertain when staffing levels should be modified, duties shifted or automation considered. POSTING PROCESS We recommend that TMPP consider using a multiple posting process (3 to 1 posting) to simultaneously record information on several records. This process could reduce the clerical effort required in posting accounting records. 1. The date, payee and amount of each voucher is posted to the transaction register, accounts payable subsidiary ledger and accounts receivable subsidiary ledger. If a 3 to 1 posting process were used, information would be written once and posted to three records rather than requiring three separate postings. This improves efficiency as well as accuracy. 2. A 3 to 1 process would also be applicably for cash disbursements. The payee and amount of each check must be written on the face•of the check, the check register and the accounts payable subsidiary ledger. This could be done simultaneously with a 3 to 1 system. 3. At the present time payroll checks are recorded individually in the transaction register, accounts receivable subsidiary ledger and accounts payable ledger. Earnings information is posted separately to individual earnings records. Although the number of payroll checks issued and the number of with- holding items is relatively low, some reduction in posting effort could be effected by using.a 3 to 1 process to prepare payroll checks with a stub indicating deductions and earnings to date and simultaneously posting a payroll journal and employee detailed earning record. Payroll journal totals would then be posted to the accounts receivable and payable subsidiary ledgers. There are several types and brands of multiple posting systems. Repre- sentatives of the firms visit potential customers, explain the use of their systems and design any special forms required. The cost of a 3 to 1 system depends upon the need for specially designed forms, the brand selected and the quantity of forms used. Because THPP allocates each voucher to members, a non-standard formar may be required for the transaction register. The cost of the payroll application may be an exception because of the small number of • ~I • I-4 employees, but generally the additional forms cost is offset by a reduction in posting time. This is particularly true if the current employee workload is such that a reduction in posting time eliminates the need to hire an additional employee. VOUCHER NUMBERS We recommend that TMPP begin assigning numbers to vouchers payable and posting these numbers in the transaction register, accounts payable subsidiary- ledger and accounts receivable subsidiary ledger. Voucher numbers would increase the ease of auditing transactions through the accounting records, as well as provide increased control. Vouchers and supporting documentation should t.: filed alphabetically by vendor. FUTURE CHANGES In the near future, TMPP expects to obtain outside financing and retain sore current and capital expenditures that are currently allocated to members. We anvision this would require the following minor changes to the accounting system: . The transaction register would require an additional debit column for the amount of each voucher'retained by TM??. Items in this column would be posted to the general ledger. . The general ledger would require the addition of income, expense, asset and liability accounts for the items retained by TMPP. A plant subsidiary ledger would be required to record all capital expenditures applicable to the construction of an electric plant. Columnar headings of this subsidiary ledger would correspond to the Federal Power Commission's uniform system of accounts for the applicable three hundred series of accounts. f II - OPERATING PROCEDURES Operating procedures impact the accounting process as well as administrative expenses. In this section of the report, we present our findings and recommendations t relative to THPP operating procedures. OPERATING CAPITAL Currently THPP is short of operating capital and bills members several times each month to obtair. the cash to pay bills. As discussed in finance committee meetings, administrative and bookkeeping expenses of THPP and the individual members could be reduced by providing T11PP with sufficient operating capital to enable billing members monthly. We recommend the members determine some legally satis- factory method of funding THPP sufficiently to enable monthly billing of regular operating expenses. At this time, it appears the following approach would meet the operating requirements. Initially, members pay TMPP sufficient capital to cover two months' normal operating expenditures. . Subsequently, members pay T11PP promptly upon receiving the regular monthly billing. We recognize, however, that fuel bills area large item that fluctuates • greatly from month to month and the present system of billing these to members at the time the invoice is received is practical. Members wire their portion of fuel bills to TMPP to enable payment before the due Zate. To improve control over the receipt of wired funds and provide adequate documentation, we recommend members notify THPP via telephone at the time the funds are wired. This should be followed with_a memorandum that includes the date and amount of funds sent. ENERGY TRANSFER FILLING Energy is transferred between members through the distribution system operated by Brazos Elec,,ric Power Cooperative, Inc. with the billing accomplished by TMPP.' II-2 The quantity of energy transferred is known shortly after month end. However, pricing information to enable billing is not readily available and several months may elapse before energy transactions are billed. TMPP members are aware of the • disadvantages of late billing, but have not found a solution. The problem is compounded by rapid changes in fuel costs that cause significant monthly fluctuations in the cost to 2roduce energy, major differences between the members' average cost to produce energy and past differences, in the definition of inadvertant energy transfers which are not billed to the receiving member. A variety of standard and negotiated pricing agreements is used to compensate for cost fluctuations and differences. Although a specific solution to thia'billino problem has not been identified, we•recommend TMPP continue to formalize and document pricing agreements and work toward standardizing agreements that would prevent long dews in the billing process. CHECK PREPARAT;ON Presently, vouchers are processed and checks prepared for each voucher on the l,"th and last day of the month. All checks are posted•as cash disbursements .when prepared, but some are held until sufficient cash is received to enable them to clear the bank. This practice understates both cash in the bank and vouchers j payable on the financial statements and results in prepared (although unsigned) checks being held in the office. We recommend that TKPP continue to record all vouchers on a regular basis such as the 15th and last day of the month, but prepare checks and record disbursements only at the ti-w checks are released. This procedure requires unpaid vouchers to be maintained in a separate file and an adding machine total of these vouchers be balanced with the general ledger vouchers payable•account at the end of each month. INTERNAL CBNTROL The following comments deal with internal control. As you are aware, one criterion of good internal control is the segregation of duties. This is not II-3 practical in organizations Frith as few employees as TPfPP. Some division of responsibility is possible, however, and we make the following recommendations: Bank Account Reconciliation f 1 Responsibility for reconciling bank accounts should be assigned to an r employee who does not post accounting records or process cash receipts or +i disbursements. At TMPP, this would have to be an engineer. All duplicate. deposit slips, bank statements, cancelled checks and other correspondence from the bank should be received unopened by this person. Prompt and regular reconciliation of all bank accounts is an important aspect of internal control, but it is not a difficult task and with the limited number of transactions, can be performed by persons without bookkeeping experience. r Check Signing L At the present time, all checks must be signed by both the Executive Director of the TMPP and the Chairman or V`ce Chairman of the Finance Committee. Sinte the Chairmanship recently was transferred to -he City Manager of the City of Bryan and the Vice Chairman is the City Manager of the City of Greenville, checks vith the supporting documentation must be sent to Bryan and returned to Waco prior to being released. This increases the time required to make payments, the admiais- trative effort, the cost of the payment process and the probability of losing checks and supporting documentation. Alchnugh the use of dual check signatures can increase internal: control, our experience with other clients indicates that often the second signature becomes a formality that does not accomplish its intended purpose. This is particularly the case with relatively small checks. The proper control feature is to have the funds provided for in a budget. We believe it is not necessary to requit, dual signatures and recommend that TMPP use a single signature on checks up to an.amount determined by the Finance Committee. Checks to cover expenses not budgeted, of a non-recurring nature or i P II-4 over the predesignated amount, would require an additional signature from a designee of the Finance Committee. Preferably, this individual would be in the Waco area and could be a TMPP employee not having other accounting responsibilities or t ' an employee of the Brazos Electric Power Cooperative. If desires'. a copy of the TM,PP check register indicating check number, date, payee and amount could be reviewed and approved monthly- by the Finance Committee. If TMPP commences to purchase drilling rights or options for future land use on a major basis, it may be necessary to establish t procedure for a field representative to provide land owners with checks at the came an agreement. is reached. We recommnend the practice of.granting check writing authority to persons outside the home office be avoided if possible. Alternatives include the use of bank drafts and the forwarding of a check for partial payment to the field representative prior to his final meeting with a prospect. This check would be voided if an agreement is not reached and a second check for the remainder of the agreed-upon payment would be sent promptly if the agreement is consummated. We believe that mailing a single check from the home office promptly after ail agreement is reached offers the best internal control. If this is not practical, the use of bank drafts would be second and the issuance of partial payment checks in advance would'be the third Sett alternative. Bonding We were informed that TMPP personnel were recently bonded. We concur with this decision which does not increase internal control, but does provide a safe- guard for TMPP members. Purchase Orders Until recently, almost all purchases were ordered and received in the Waoo area. As TMPP begins to operate the oil storage facility currently under construction, begins drilling and extraction operations and commences construction of anticipated utility plants, maintaining control over purchases outstanding and the receipt of merchandise will become more critical. II-5 We' believe that as the scope. of your activities expands, purchase orders will be necessary and recommend you consider beginning their use at this time. Since most items will continue to be ordered from the Waco office, you should control the assignmer. of sequential numbers at this location. The purchase order system could work as :allows: 1. The bookkeeper would maintain a log of purchase orders used including only the date, sequential order number assigned and the amount. A five- part purchase order would be typed, with the following distribution: - Original to vendor; - One copy retained in a home office open purchase order file in alphabetical order; - One copy retained permanently in a purchase order history file in numerical sequence; and - Two copies forwarded to the location that will receive the merchandise or service for use as a receiving report. For orders that will be received directly at the home office, one of these copies may be discarded. 2. At the time the merchandise or services are received, the person making the receipt would sign and date the receiving report copies and forward.one copy to the bookkeeper. If the receipt is made at other than the home office, one copy of the receiving report would be held as a permanent record in the event the other copy is lost in transit. + 3. The bookkeeper would compare the receiving repot copy to the copy in the open purchase order file, fasten them together and file them in an unvouchered purchase order file. 4. When the invoice is received from the vendor, it would be compared and attached to the purchase order and receiving report and a voucher prepared. Normally, purchase orders for items to be delivered at an outlying location would be prepared in Waco. However, if time restrictions require the preparation of purchase orders at an outlying location, the Waco office could assign a purchase iI-6 order number by telephone and maintain sequential control through the purchase order log. In this situation, the outlying location would deliver the original purchase order to the vendor, forward two copies to the home office and retain 'the two receiving report copies. Purchasir,- Procedures In addition to using purchase orders, we believe it is desirable to establish and document formal purchasing policies and procedures. We recommend TMPP determine from its legal counsel whether legal requirements necessitate obtaining bids or utilizing other specific purchasing procedures. When TMPP commences operation of-utility facilities, it probably will be of sufficient size to justify a purchasing department devoting full time to determining purchasing alternatives and selecting suppliers on the basis of price, quality of products and performance. If purcha^ing procedures are not specified by legal requirements, we recommend TMPP adopt and document procedures now that would provide management with the flexibility necessary to operate on a business-like basis and provide adequate control. The primary control over purchasing should be the budget, which indicates the type of purchases allowed and establishes dollar amounts for comparative purposes. Purchases of supplies, materials, equipment and contracts for construction or repair work can normally be controlled by obtaining quotations by telephone, letter or catalog prices and using purchase orders. Procedures Manual TMPP is in its formative stage and many procedures and policies applicable to future operations are uncertain. Many policy decisions will be made in the near future, however, and procedures can begin Co be standardized and documented. Documenting procedures would benefit TMPP by reducing the management assistance required by clerical personnel, standardizing operations, providing the basis for I1-7 continuance of operations if a key employee is not available on a temporary or long term basis and generally improving internal control. Obtaining member approval of standardized and documented procedures would increase the responsiveness of management and decrease the time spent by committees considering recurring matters. , He recommend operating procedures be documented on an individual basis as they become standardized and TMPP establish a goal of completing a formal procedures manual next year. Exhibit A contains a listing of possible procedure manual contents. Since TMPP's future activities are not fully defined, the listing would require updating prior to formal preparation of a manual. The documentation should indicate the procedure being described, the effective date, a reference number and any procedures being superseded. The purpose of the procedure should be indicated and responsibility for each procedural step should be indicated in sequential order. Additionally, reference should be made to related procedures and forms should be illustrated. Exhibit B illustrates the "playscript" style of procedure writing that.many users have found easy to follow. III - REPORTING The standard TKPP monthly reports consist of the Following: . A statement of financial position (balance sheet); . A report of expenditures including an allocation of tie expenditures among the five members; and A summary of energy transactions. In addition, an action request which is a short report indicating the decision required, alternatives, recommendations and background is used to standardize the presentation of items such as the proposed budget to TMPP members. Discussion with TMPP members indicated that the present reports are ge:ierally satisfactory, but some changes are desired. In the following paragraphs we present our comments about current and future reporting. BUDGETING In addition to budgeting anticipated expenditures for the coming year on a monthly basis, we recommend long term expenditures be budgeted on a project and phase basis. Because the eventuality and amount of long term project expenditures are often determined by the success of short term project activities, we recommend projects be budgeted in phases. The successful completion of one phase would normally -recede the commencement of subsequent phases. For instance, a project might be to obtain energy sources for future plants. Phase I might be exploration for energy sources, Phase II might be test drilling and Phase III might be purchasing mining options. The utilization of the energy source through mining or sale of options would be a separate project which would also have several phases. Current project phases should be budgeted in detail by line item. Budgets for subsequent phases would initially be prepared with less than line item detail. The totals would be used to inform members of the total anticipated cost of the completed project. As work in one phase progresses,. budgets for following phases should be revised and prepared in greater detail. III-2 FRINGE BENEFITS Fringe benefits are presently grouped with salaries on both the report of expenditures and the proposed budget. We concur with the Executive Director t and the TMPP members that it would be advantageous to separate these two items. EXPENDITURES The report of expenditures indicates totals for current month and year to date. We recommend that budget, actual and variance totals be indicated for~both periods. We realize that it is difficult to predict the month professional expenses and-studies will be billed and variances in this area are to be expected.. However, management should begin anticipating these expenditures as part of their cash management efforts. At the present time, all expenditures are allocated to members. These expenses may be capitalized or charged to current expense in accordance with the policy of each member. Since no member currently capitalizes any TMPP adminis- tration expense, the current report of expenditures is adequate. Members have discussed capitalizing a portion of TMPP's administration expense and a supplemental report allocating these costs to specific projects would-be necessary if this is done. We are in the process of determining the propriety of capitalizing expenses that are not directly associated with specific projects and will discuss this with you separately. MANAGEMENT REPORTING For management purposes, we recommend the,statement of financial position be modified to indicate current month, previous month and previous year totals. Significant changes occur in a rapidly expanding enterprise like TMPP and we believe comparative statements assist management in keeping abreast of these changes, i We believe the action request report is a very professional way to present information to management and we feel its usage should be continued. IV - ACCOUNTING STAFF REQUIREMENTS i Currently, all accounting is performed by the TMPP secretary/receptionist. It was estimated approximately 20% of her time is spent performing accounting duties. If the present posting procedures remain unchanged, this may conti:.ue to increase to the point where one person cannot perform both secretarial and accounting duties. When this occurs, it would be necessary to hire a bookkeeper ,on a full or part-time basis or possibly utilize someone from the Brazos Electric Power Cooperative accounting staff on a part-time basis during peak workloads. Although some accounting procedures must be performed daily, in our opinion it will probably be some time before the volume of transactions is su2ficient to justify full-time additional staffing. In the accounting records section if this report, we recommended the conversion of the present accounting records to a multiple posting process. We estimate this could considerably reduce posting time. In the operating procedures section, we recommended bank reconciliations be performed by someone other than the book- keeper. This would slightly reduce her accounting duties, although the use of a. purchase order system would probably offset this, In summary, we expect that the conversion to a 3 to 1 posting process will preclude the need for additional full-time accounting staff for at least one year. V - OVER DECISIONS FACING ME.TIMS In identifying the accounting requirements and operating procedures of I TMPP, we became aware of other areas management will have to consider in the near future. The following list includes areas and questions facing management that will impact the.accounting process of TMPP or individual pool members: 1. Bond Sales - Will TMPP act as its own transfer agent or utilize a trustee? This is an area outside the normal activities of PIPP and the potential liability is substantial. We recommend management consider using a transfer agent with considerable professional experience. 2. Capitalization Policies - Will TMPP adopt a policy of capitalizing all possible expenditures for the purpose of paying for them with long-term debt? We recommend management begin considering the alternatives so the final decision can be made on a professional basis. 3. Depreciation Policies - Will TMPP utilize a conservative or accelerated basis for depreciating capital items? We have no preference, but recommend you adopt formal depreciation policies. 4. Energy Pricing and Billing Procedures - What changes in procedures will be required•when TMPP begins receiving power from the Commarche Peak Station or plants owned directly by TMPP? Although this decision will not be applied for some time, it will be a major factor in determining the success of the pool and we recommend TMPP adopt formal pricing and billing policiAS. 5. Proiect Management for Plant Construction - Will TMPP, one of the members or an outside general contractor perform the general contracting of utility plants constructed by DIPP? Based upon our experience, we recommend you consider using an experienced general. contracting firm. 6. Oil Sales From the TMPP Tank - What purchasing, receipt, sales and billing procedures will be applied to the oil holding tank currently under construction? What allocation of gains and losses determined through physical'inventories will be applied? We recommend you document these procedures before tank operations begin and consider ;iet i'.!ninirC from your legal counsel if a separate cunt-actual agreement on these procedures is desirable. V-2 7. Yenr-Fnd Change - Is it desirable to change the TMPP year end? Members have previously discussed the relative m,_rits of changing the year end to coincide with that of the majority of members. If the change is made, it would have less impact on the budgeting and auditing process if done before the scope of operations expands greatly. 8. Operating Capital - What procedure would best provide operating capital? Members have considered this question for some time, but adequate funding has not been provided. We recommend some agreement be reached which would enable N billing members for all expenses other than fuel on a monthly basis. i EXHIBITS ' I Exhibit A Page 1 of 1 TEXAS MUNICIPAL P014ER POOL SUGGESTED PROCEDURES MANUAL CONTENTS Organization Chart of Accounts Books of Account Budget Preparation Payroll Procedures Accounts Payable Purchasing , Cash Receipts Cash Management Bank Reconciliation Petty Cash Control Accounts Receivable and Member Billing Subsidiary Ledgers General Ledger Journal Entries Mmployee Expense Reimbursement Fixed Assets Monthly Closing Annual Closing Financial Reporting Page 1 of 5 TEXAS MUNICIvAI POWER POOL ACCOUNTING PROCEDURES MNUAL Subject: Petty Cash Control Page -I- of 'A Procedure Effective: April 1, 1975 upersedes: Number: 25-01 r PURPOSE: The purpose of this section is to establish the procedures and controls employed in administering petty cash funds. Petty cash funds provide a readily available source of funds for payment of small incidental expenses sAh as i supplies, postage, newspapers, etc. These funds facilitate mino-: disbursements and avoid the need to write checks for small amounts. RESTRICTIONS AND CONTROL The Executive Director shall conduct periodic and unannounced audits of petty cash funds. Such audits shall include a counting of cash, at, explanation of unredeemed cash vouchers, and a reconciliation of the petty cash fund with the general ledger balance. The following restrictions are to be observed regarding petty cash funds: 1. The amount disbursed per transaction may not exceed $10.00. 2. Only the person to whom the fund has been assigned may have access to the cash. 3. No other monies may be mixed with the petty cash fund. 4. No personal checks are to be cashed from the petty cash fund, 5. No loans or advances are to be made from the petty cash fund. b. The amount of a petty cash fund is limited to a maximum of $25.00. 7. Under no circumstances shall the petty cash fund be used to circumvent the established cash disbursements procedure. PROCEDURE: Petty Cash Custodian 1. Disburse cash frees fund for authorized purposes, 2. Prepare a petty cash voucher for each disbursement of funds. The following information should be recorded in ink, on this form (see 25-01A). Exhibit B Page 2of5 TEXAS MUNICIPAL P(VER POOL ACCOUNTING PROCEDURES MANUAL Sishject: Petty Cash Control Page 2 of 3 Effective: April 1, 1975 upersedes: Procedure 25-01 Number: a. Date - current date. b. Amount - the actual amount of cash disbursed from the fund. c. Purpose of Disbursement - do explanation of thel expenditure. d. Account Code - the appropriate account per the chart of accounts. e. Signature of Person Receiving Cash - have the indi- vidual receiving the cash sign th,s voucher. f. Approval of Custodian - sign the voucher. 3. Attach any supporting documents for the purchase such as receipts, cash register tapes, etc., to the petty cash voucher. 4. Maintain petty cash voucher and supporting documents in cash box until the end of month. 5. At the end of the month, request replenishment of the petty cash fund by preparing a Petty Cash Reimbursement Report. The following information should be recorded on this form (see 25-01B). a. Petty Cash Custodian - name. b. Date - current date. c. Voucher Number - number assigned from voucher register by Bookkeeper prior to preparing reimbursement check. d. Summary of Expenditures - list the cash vouchers that have been prepared since the last reimbursement and total this list., e. Reconciliation - reconcile the fund with the general ledger as shown on the form. f. Prepared By - sign the report when complete. g. Approved By - obtain signature of Executive Director. 7. Attach all petty cash vouchers and supporting papers to the Petty Cash Reimbursement Report. Page 3 of 5 • TEXAS MUNICIPAL POWER POOL ACCOUNTTNC PROCEDURES MANUAL Suhyrct: Petty Cash Control Page 3 of 3 Procedure Effective: April 1, 1975 upersedes: Number: 25-01 8. Forward Petty Cash Reimbursement Report with attachments to Bookkeeper to process as a normal check request. The Petty Cash Reimbursement Report takes the place of a check request for .processing purposes. Bookkeeper 1. Assign voucher number from voucher register and enter number or, Petty Cash Reimbursement Report, 2. Post reimbursement amount and expense codes to voucher register. 3. Prepare check payable to petty cash custodian and forward check and Reimbursement Report to Executive Director for processing in tha canner of a check request. REFERENCE: Procedure - Cash Disbursements FORMS: Exhibit 25-01A Petty Cash Voucher Exhibit 25-OIB Petty Cash Reimbursement-Report Note - This procedure is included for.illustrative purposes only. Exhibit B • '-3age 4 of 5 TEXAS-MUNICIPAL POWER POOL ACCOUNTING PROCEDURES MANUAL Suhjcct: Petty Cash Voucher Page 1 of 1 } Effective: April 1, 1975 upersedes: Procedure Exhibit Number: TEXAS MUNICIPAL POWER POOL PETTY CASH VOUCHER Date: Amount: PURPOSE: ACCOUNT' CODE: Petty Cash Custodian Person Receiving Cash - Payee Note - This exhibit is included for illustrative purposes only. Exhibit B Page 5of5 TEXAS MUNICIPAL POSTER POOL ACCOUNTING PROCEDURES MANUAL Suhjrct: Petty Cash Reimbursement Report Page 1 of ! Effective: April 1975 upersedes: Procedure Exhibit Number: 25-018 TEXAS MUNICIPAL PWER POOL PETTY CASH REIMBURSEMENT REPORT Petty Cash Custodian: Date: Voucher Number: SUMMARY OF EXPENDITURES Expense Payee Account No. Date Amount 1. $ 2. 3. 4. 5. 6. 7. 8. 9, 10. TOTAL I~ Reconciliation: 1. Cash on Hand $ 2. Expenditures (above) 3. Overage - Shortage FUND PER GENERAL LEDGER I certify that the above detailed information is correct to the best of my knowledge and belief. PREPARED BY: APPROVED BY: DATE: DATE: Note - This exhibit is included for illustrative purposes only. - THE STATE OF TEXAS, 1 c vot 752 tAa 404 t 10M ALL MEN BY THESE PRESENTS. j COUNTY OF BENTON I DEED RECORD' THAT John H. Koiner and Brother Wylie J. Koiner 11678 of Denton County, Texas , in consideration of the sun: of One Dollar ($1.00) - - - - - - - - - - - .and other good and valuable consideration in hand paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by j these presents grant, bargain, sell and convey unto to the City of Denton, Texas , the free it and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, I owned by us . Situated in Denton County, Texas, in the A. Gibson Survey, Abstract No. 498 Description to a 25 Foot All Purpose Utility Easement All that certain lot, tract or parcel of land lying and being situated in the County of Denton, State of Texas, and being part of the remainder of a 11.375 acre tract of land as conveyed from Douglas L. Kricken to John H. Koiner and Brother Wylie J. Koiner by deed dated July 27, 1973 and record in Volume 683, Page 174 of the Deed Records of Denton County, Texas and pore particularly described as follows: BEGINNING at the Southeast corner of said 11.375 acre tract; THENCIi: North 000 37+450" West, 801.72 feet; THENCE: Northerly along a tangential curve to the left, radius 1480.51 feet, central angle 000 421 49119 18.44 feet to a point for a corner; THENCE: South 890 061 30" West 25.00 feet to a point for a corner; THENCE: Southerly along a curve to the right, radius 1455.51 feet, centra angle 000 421 49" 18.13 feet= THENCE: South 00 371 50" East 801.72 feet to a point for a corner said line being tangential to the previous curve; i THENCE: North 890 06' 30" East 25.00 feet to the PLACE OF BEGINNING. IN THE EVENT OF ANY ABANDOMENT OR FAILURE TO USE THIS EASEMENT A]61,:-RIGHTS GRANTED HEREIN SHALL REVERT TO JOHN H. MINER AND BROTHER WYLIE J. KOINRR. And it is further agreed that the sald City of Denton, Texas In consideration of the benefits above set out, will remove from the property above described, such fences, ' buildings and other obstructions as may now be found upon said property. t For the purpose of installing, repairing, and perpetually maintaining ' public utilities in, along, upon and across said premises, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen and representatives having ingress, egress, and regress in, along upon and across said premises for the purpose of making additions to, improvements on and repairs to the said public utilities, or any part thereof. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. p-d 9'S~ Witness our hand , this the o?O da , A. D. 19 ~BANyGG~,K~((Oy~K, ~THAILAND y SINGLE ACKNOWLEDCb1ENT VOL 752 PA6f 49" 7I~7I IM BEFORE DIE, the undersigned authority, COUNTY OF__.. JOHN H. KOINER in and for said County, Texas, on this day personally appeared known to me to be the person whose name i 5 subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. ALL^ tsu l f4 6Cf 1*,N UNDER MY HAND AND SEAL OF OFFICE, This O y of March , A. 1). 1975 .iowy in "Mcdaft (11 3.) (NAME b SERIAL 11'0. C _ 53-46-2087 WUh 10 UP"R" AF (RANK,BRANCH OF SERVICE; )CXUMxxxxxXXXXXXXXXXXXXXXXXXXXXXiXX>XXiX zaowtt Cgh Osb,Judee Advocate (CAPACITY) X {,Xl(,XX~(~6i0ptfiiEl4~(X FXKXO@XXX j SINGLE ACKNOWLEDGMENT THE STATE OF IRMH COUNTY OF -/NwtE~• BEFORE ME, the undersigned, a Notary Public In and for said County and State, on this day personally appeared WYLIE J. KOINER known \QXrpd to be~ lbe person whose name Is subscribed to the foregoing Instrument, and acknowledged to me 1hsC, e~eeuted the same for the purposes and consideration therein expressed. 140 1611 UNDEjt Ki HAND AND SEAL OF OFFICE this the 17yday of T A. D. 19 75 O ) /J Nadary Public in and for s„Q,,,a.n_ County, K1~M sus-7" oa» co.saaa. ftwuher --ua " - COUNTY OF . in and for said County, Texas, on this day personally wife of known to me to be the person whose name fe 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 said . . acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE,Th1s....... _ _....._.._...day of._........ A.D. 19 (LS.) Notary Pnbllc........ County, Texas My Commission Expires June 1, 19__..-.... CLERK'S CERTIFICATE THE STATE OF TEXAS, h , County COUNTY OF - Clerk of the County Court of said County, do hereby certify that the foregoing instrument of writing dated on the day of.: A. D. 19......... , with its Certificate of Authentication, was filed for record in my office on the....... day Of A. D. 19........ , at o'clock M, and duly recorded this................. _day of _..._................_.__._....:...._..._.._...A. D. 19-------- at ....o'clock M, In the ...:..................................Records of said County, in Volume.................. , on pages_....... W1TNFZS MY HAND AND SEAL OF THE COUNTY COURT of said County, at office fn.............. the day and year last above written. County Clerk...... . County, Texan (L. By..........._..,....... , Deputy. O si T3 R ,a i Z d o g W a e a ~ « 09 o o m » B u w ° o i i E W 7 t i ~ BANGKOK, yTHAILAND ( SINGLE ACKNOWLEDGMENT VOL 152 PAGE 405 RX BEFORE ME, the undersigned authority, COUNTY OF JOHN H. KOINER in and for said County, Texas, on this day personally appeared - - - known to me to be the person whose name t 5 subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purses and consideration therein expressed. ALL_ t~•1 to 6,i~N i?NDF.R ~l t' IIA\D AND SEAL OF OFFICE, This 0p e~ dy of _ ~March__ , A.D. 1075 :fir to iOOa~°a tr. S.) (NAME 6 SERIAL NO. )C,,, _ 4.51-46-2081. wltb LO L*Ad AF RANK,BRANCH OF SERVICE)) XXuyj(xXxxXXXXXXXXXXXXXXXXXXXXXXXIXXAXX ~Y CWs 936.Oudge Advocate CAPACITY) XX010wWrA Ul4AX1XiLMOXXX JOINT ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF _ _ _ I in and for said County, Texas, on this day personally appeared and - - - - - - - - his wife, both known to me to bE the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said _ - _ wife of the said havia been ► t exvnined by me privily and apart from her husband, and having the same fully explained to her, she, the s _ _ _m---..._ acknowledged such instrument to be her : A deed / and she declared that she had willingly signed the sae for the purposes and consideration therein expressed, and that she d:d not wish to retract it. GIVEN UNDER DIY HAND AND SEAL OF OFFICE, This.---_d■ of.. ' y A.D. 19----- (LS.) _ Notary Public, -County, Texas My Commission Expires June 1, 19, WIFE'S SEPARATE ACKNOWLEDGMENT 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 privity and apart from bCr Luiband, and having the same fully explained to her, she, the said _ . _ acknowledged such instrument to be her act and deed, and she declared that she had jvillingly signed the same for thepurposes and consider aeon therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE,This day of.................... A.D. 19 (L.S.) _ Notary Public, ..County, Texas My-Commission Expires June 1, 19__....... CLERK'S CERTIFICATE THE STATE OF TEXAS, I,.............................................................. , County COUNTY OF....... Clerk of the County Court of said County, do hereby certify that the foregoing instrument of writing dated on the day of _ , A. D. 19 _ , with its Certificate of Authentication, was filed for record in my office on the__ ................day of , A. D. 19._.._. , at_.-_ o'clock M., and duly recorded this......... day of - - _ A. D. 19 , at........... o'clock M., in the ...................Records of said County, In Volume................... , on pagea_.........._........ WTTNSSS MY HAND AND SEAL OF THE COUNTY COURT of said County, at office in , the day and year last above written. County Clerk_......... County, Texas. ~9) By.... Deputy. I o EF ch ' V r ly I~ b < < E I o T GL1 w w 4 " o. O O D b r I e y ~ Y~ jk{f ~ l .,h7 Cg • • • . ! I\ i I~ i .Z I F• ILJ WAIVER OF REIMBURSEMENT E VOL 7 02 PACE 4'iju W ITN ESSETH: WHEREAS, FORT WORTH SAVINGS AND LOAN ASSOCIATION, being developer of Forestridge Addition, an Addition to the City of Denton, Denton County, Texas ("Developer") having to pay the entire cost to the City of Denton of sewer main extensions required to serve that develop- ment as required under Article V, Section 25-74 of the Denton Code respecting utilities; and WHEREAS, FORT WORTH SAVINGS AND LOAN ASSOCIATION, bearing the coat of off site sanitary sewer extensions to said development being entitled to reimbursement of the pro rata cost paid to the City of Denton from John H. Koiner, Wylie J. Koiner, Elmer Wayne Stephens and wife, Beverly Stephens, their heirs and assigns should they or any one of them extend a service line from such main but only on real property standing in the names of Elmer Wayne Stephens and wife Beverly Stephens or John H. Koiner and brother Wylie J. Koiner as of this date and within ten (10) years from the date such main is finally inspected and accepted by the City, all as set forth under Article V, Section 25-75 and Section 25-76 of the Denton Code respecting utilities; NOW, THEREFORE, FORT WORTH SAVINGS AND LOAN ASSOCIATION ("Developer") for good and valuable consideration, the receipt of which is hereby acknowledged, hereby waives any right of reimbursement to which It may be entitled under Article V, Section 25-75 and Section 25-76 of the Denton Code respecting utilities which it now or in the future may have as to any user who extends the service line from such min, above described, within ten (10) years from the date su4.. main is finally inspected and accepted by the City of Denton. ED AND EXECUTED THIS 18th day of March, 1975. :,rep ryry~ FORT WORTH SAVINGS AND LOAN ASSOCIATION a c By Arta, Verry F. Sirrmans, President Asst. cretdty -Anna Lou Hamilton STATE OF TEXAS COUNTY OF TARRANT E BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared Jerr F. Simnans President, known to me to be the person and cer whose name Is subscribed tot foregoing nstrument and acknowledged to me that the same e oct of the said FORT WORTH SAVINGS AND LOAN ASSOCIATION, a corporation, and that He executed the some as the act of such corporation, fu the purposes nd consideration therein express*d• gnd In the, capacity therein stated. ,f:~ ~~,11(jiNQER MY HAND AND SEAL OF OFFICE this If ti_, day of March, 1975. ! 4''• r xas e ry Public, { ~LIIlINE oc+WtN t~ ~ry sy VCt l 52 FACE 40 7 i 3 J:!! 23 Ail ! C u, \1 • •1 l r Y r . 'a 7i. STATE OF TEXAS, bEED RECORDS . 752 NAcE 447 KNOW ALL 51EN BY THESE PRESENTS: OF DENTON . 11681 Elmer Wayne Stephens and wife Beverly Stephens of Denton County, Texas , in consideration of the sum of One Dollar ($1:00) - - - - - - - - - and other good and valuable consideration in hand paid by the City of Denton. Texas receipt of which is hereby acknowledged, do by these presents grant, bargain, sell and convey unto to the City of Denton, Texas , the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, owned by us . Situated in Denton Cosnty, Texas, in the i A. Gibson Survey, Abstract No. 498 Description to a 25 Foot All Purpose Utility Easement All that certain lot, tract or parcel of land lying and being situated in t~e County of Denton, State of Texas, and being part of a 3.375 acre tract o land as conveyed from John H. Koiner and Brother Wylie J. Koiner to Elae Wayne Stephens and wife Beverly Stephens by deed dated April 16, 1974 and recorded in Volume 706, Page 79 of the Deed Records of Denton County, Texas and more particularly described as follows: BEGINNING at the Southeast corner of said 3.375 acre tract; THENCE: Northerly along a curve to the left, radius 1479.81 feet, central angle 140 141 0711, 367.66 feet; THENCE: North 150 349 West 6.: feet to the Northeast corner of said tract; and line being tangential to the previous curve; THENCE: South 730 101 West 11.0 feet; THENCE: South 880 241 4011 West 14.43 feet; THENCE: South 150 341 East 9.54 feet; THENCE: Southerly alng a tangential curve to the right, radius 1454.81 feet central angle 14' 149 0701, 361.45 feet; THENCE: North 89,0. 06' 30" East 25.00 feet to the PLACE OF BEGINNING. IN THE EVENT OF ANY ABANDOMENT OR FAILURE TO USE THIS EASEMENT, ALL RIGHTS GRANTED HEREIN SHALL REVERT TO BE;MR -WAYNE -STEPNENS AKD,WIFE B9V3RLY . STE And it is further agreed that the said City of Denton, Texas In consideration of the benefits above set out, will remove from the property above described, such fencesr 4 bulkdings and other obstructions as may now be found upon said property. I 1 For the purposed installing, repairing, and perpetually maintaining public utilities in, along, upon and across said premises, with the right and privilege at all times of the grantee herein, his or its agents, l employees, workmen and representatives having ingress, egress, and regress in, along upon and across said premises for the purpose of making additions to, improvements on and repairs to the saki public utilities any part thereof. ,.TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for • the purposes aforesaid the premises above desenl*& WitnZ" Qu r hand , this the t j day of , A. D. 19 is. ♦ it OK2 SINGLE ACKNOWLEDGMENT ~ vot 752 iut 410 T~ M STATE OF TEXAS, BEFORE ME, the undersigned authority, tUNTY and for eaid'County. Texas, on this day personally appeared.- ELMER WAYNE STEPHENNS~ n 1cmri11 ( be 06 ptrson whose name subscribed to the foregoing Instrument, and acknowledged to me same for the purposes and consideration therein expressed. GI~U\'D$A 4Y HAND AND SEAL OF OFFICE, Thts+ des of h.-. A.P. 195. l Notary Public, flrfa._.... County, Tex." My Commission Expires June 1, 19....... i SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF PQ Ilili BEFORE ME, the undersigned, a Notary Public in and for said County and State, on thIs day personally appeared BEVERLY STEPHENS tndlsn tnb'41}e 16~~ the ponon whose name Is subscribed to the foregoing Instrument, and acknowledged to f' the S1 a `z executed the same for the purposes and consideration therein expressed iif - S ' UNt MY HAND AND SEAL OF OFFICE, this the day of March A. D. 1975 +t~s~ ~if isCl~7~ • t Notary Public in and for +*~~i~~ Coady, Terse $ a-7U myany. FvbHzhe tkanw COUNTYO&fF Co 1 ir and for. said County, Texas, on this day personally appeared.-.-...___......_......... _ e..._'....:_.__....._..._._...__... wife ot_ known io 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 sald..._.._..._.._.-..._ .....illi........._......._.._............_...._.,.._.:.._...... acknowledged such instrument to be her•sct and deed. and she declared that she had wngly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIV$N UNDER MY HAND AND SEAL OF OFFICE,ThL..._.-.._day of..._.._.__...__..._ A D. 19_...1.. - (L.S.) _ _ Notary Public, ---....---County, Texas My Commission Expires Lune 1, 19..._..__ CLERX S CERTIFICATE THE. STATE OF TEXAS, . County COUNTY OF...._...._...._._......._...... Clerk of the County Court of said County, do hereby certify that the foregoing Instrument of writing dated on the of._--- A. D. 19.........., with Its Certificate of Authentkation, was Aled for and duly reeorded thls -day , oL_. _ _ _ A D. 19...--.._., at...... O'clock........ .._M, in the of said County, in Yolnme._ , oh pages...-..-.- in _ _ _ WITNESS MY SAND AND SEAL OF THE COUNTY COURT of said County, at office the day and year last above written. County Clerk ._...._.....County, Texas. (f+ 1!) By.._.W._......__. , Deputy. a~•' i i i I i d i a F o: - I i I r a f a 1~ ~ i tt 7 V Va 752 PacE 419 " , W Mlar, for w4 by 1t4, sod YOM& alw Plat G. S U R V E Y P L A T 1168 yw.r It., Dam 1, r.... TO ALL PARTIES INTERESTED IN PREMISES SURVEYED This Is to certify that I have, this dole, made a careful and accurate survey on the ground of property looted at No. In the city of , Texas, described as follows : Lot No. , Block No, City Block No..~._ Of Addition, an addition to the City of Tess, according to the plat recorded in Volume at . go of the Map Records Of Texas. Sketch of Stephens Easement EL PASEO S 880 241 4011 W 14.43' S 730 101 W 11.01 S 150 341 E 9.541 N 150 341 W 6.31 25 Foot All Purpose Utility Easement . Koiner to Stephens +,,3;375 Acres Ra1479..811 4-16-74 6 Central Angle V. •7061 P.79 ; 140 141 0701 Z + [x367.66' R=1454.811 ~1 entrai Angle ~40 141 07.11 1 L=361.45' I PLACE OF - N 890 061 3011 S 25.00 BSGTNNING ' I t r I 1 Koiner Tract f I • ~j ~^~"^51 Qajllt(I Jw7 N u}I~ -Y.` I ' Y~ •o ;O nypd` gal row 1 Q ucaia4 p+dwtis 81 5 ct41 -Alunyf paw 1a ep oaai atu7ea'4111 ,r8od pie a:,;nlr 041 u! Ppm yip sta an 4u /a "l-"4 V-G Jns aup pu41pp 04; ua p~ir1 r4v ;u% i7 l; 1 Ri xxjo AQaw4 I 81141 'Al'- 11 j L :Q %8319 AL14no-J ItaLAa da Awn Ml da 31VIS T r%j rn r r- `1 ------t r--~CG7U-C~AS~I2~[.-..------ W'+9A$LOU"" EED RECORDS LVOL 752 wE 397 THE STATE OF TEXAS, KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT THAT Fort Werth Savings and Loan Association 11G75 f~ of Tarrant County, Texas , in consideration of the sum of One ($1.00) Dollar--. -and other good and valuable consideration in hand paid by Fort Worth Savings & Moan receipt of which is hereby acknowledged, do by these presents grant, bargain, sell and convey unto to the City of Denton, Texas, the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, owned by us . Situated in Denton County, Texas, in the A. Gibson Survey, Abstract No. 498 Description to a 2.50 Aare All Purpose Utility and Roadway Easement All that certain lot, tract or parcel of land lying and being situated in the A. Gibson Survey, Abstract No. 498, of Denton County, Texas, as conveyed to Fort Worth Savings and Loan /it;sociation from John Maeckle, Trustee by deed dated February 6, 1973, recorded in Volume 666, Page 66 of the Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at the Southeast corner of Lot 1, Block D of Section One, Forrestridge Subdivision; THENCE: East 66.14 feet to the Southwest corner of Lot 11, Block A of Forrestridge Subdivision, same being the point of cur. ature of a 3025.76 foot radius curve, the center of circle of said curve bears South 860 201 1211 West from said point; THENCE: Southeasterly along said curve to the right 337.79 feet, central angle 6o 23t 4 PI; THENCE: East along a line not tangent to said curve 135.26 feet to an iron pin, the Northwestt-cozner of .Lot. 15, Block A of Montecito Subdivision; THENCE: South 00 311 40" West with the West boundary line of said Montecito Subdivision, 20.0 feet to a point for a corner; THENCE: West 136.10 feet to a point on said 3025.76 radius curve, the center of the circle from this point is North 860 53t 1611 West; i THENCE: Southwesterly along said curve to the right 79.26 feet; THENCE: South 40 36t 47" West tangent to said curve 623.21 feet; THENCE: Southerly along a tangential curve to the left, radius 3467.0 feet, central angle 50 081 051', 310.70 feet to a point for a corner; i THENCE: North 890 141 3311 East, 193.65 feet to a point for 1i a corner in the West boundary lice of the Montecito Subdivision; ThsNCE: South 000 311 4119 West along the West boundary line of the Montecito Subdivision 60.00 feet to a point for a corner; i 3 him 00 0 p a O J vai r°.• 5 7 O r y rp w r9 r^~ y? ~ w ti A CL 5 a 0 ° o y n 5 w rp G olz y M y.0 0~ 7 j 7 m C ~ON O { hl r V U7 a.. O ~ O 1 5 y n' y 'y 1 0 0 G w G .O» S 1 < C r~ C T Ir'YG 1~ OQO 4 ~\~T V. 0 ' H Z 1 C >°o cn m rp k G 1 a . 4i r O O '1 _ H • ~7 T d a n r a O r> P7 c a r q F. v yt 0, ° N 4r n m 1 7J a N El eD yyZ+ In C N i Iii y p O N i,, '''L•1 Z y O O N D G r A r to e O o rrDm o. 5' c 7 w A M a o~ c 0 13'` n N .7 a s m 3 m Z ~-T ~ ~ QQ ~ N n y ~ it ~ Fy F'- t: s' C' ~j • ~ ~{)r ~r l~ CONTRACT FOR APPRAISAL SERVICES OIL AND GAS - UTILITIES - INDUSTRIES STATE OF TEXAS [ COUNTY OF DENTON [ THIS CONTRACT made and entered into by and between the City of Denton located in Denton County, Texas, a municipal corporation. acting by and through its governing body, the City Council (hereinafter referred to as "the City")and Pritchard and Abbott, a professional appraisal partnership composed of E. S. Pritchard and John L. Abbott, 200 Seminary South Office Building, Fort Worth, Tarrant County, Texas, (hereinafter referred to as "Appraisal Firm"), W I T N E S S E T H: WHEREAS, the Constitution and statutes of the State make provision for the creation of cities as municipal corporations and establishes the City Council as the governing bodies thereof; and WHEREAS, under the laws of Texas, municipal corporations possess the powers to levy, assess, equalize and collect taxes; and WJIEREAS, the Constitution of Texas specifically provides that taxation r shall be equal and uniform and that all property shall be taxed in proportion to its value to be ascertained as provided by law, and the statutes enacted pursuant to such Constitutional provisions require the Board of Equalization to inspect, correct an] equalize assessments made on renditions by the owner or owners of property or made on renditions by the tax assessor-collector where the owner or owners may fail to render the same, and as such Board is invested with broad powers of inves- tigation in order to ascertain that the Constitutional requirements are met; and WHEREAS, by reason of Articles 1060a and 7212, V. A. T. C. S. cities have expressed statutory authority to employ an individual, firm or company deemed to have special skill and experience to compile taxation data for use of the Board of Equalization, and to pay for such services out of the proper fund or funds of the city; and WHEREAS, the City hap determined that it would be wise and to the best interest of the City for it to employ experts skilled in the matter of appraising and valuing certain hereinafter described property located within the boundaries of the City and subject to ad valorem taxes in said City, and to compile taxation data relating thereto for use of the Board of Equalization; and WHEREAS, the City Council has found and determined and does hereby find and determine that the Appraisal Firm has special skill and experience so as to enable the Appraisal Firm to compile such taxation data, and that the Appraisal Firm should be retained by this. City to assist its Board of Equalization by the performance of the services hereinafter specified. NOW, THEREFORE, THE PARTIES HERETO HAVE AGREED AND DO CONTRACT AS FOLLOWS: A. "The City" shall mean the City Council of the City of Denton located in Denton County, Texas. B. "Appraisal Firm" shall mean Pritchard and Abbott, a professional appraisal partnership composed of E. S. Pritchard and John L. Abbott, of 200 Seminary South Office Building, Fort Worth, Tarrant County, Texas. C. Properties to be appraised by the Appraisal Firm under the terms of this contract shall mean all interests in producing oil and gas leases, r including working interests, oil payments, overriding royalties and royalty interests; and shall also include all personal property used and employed in connection with such producing oil and gas leases. Also included within the terms of this contract are all pipelines, pump stations, compressor stations, refineries, gasoline plants, oil field supply companies, well service companies, public utilities, telephone companies, railroads, manufacturing plants and other major industries; such other major industries being: (list industries where applicable) Acme Brick Co. Amerace Corp. Beaumont Nursing Home Brown & Sharpe Man. Dawson, J. L. & H. Driggs yr - 2 - r\ ~~~~~~~~~+i~, ~r~~ ~'..i vwJ.~:s{.+~'J` r`"•'. ,k •r f%Wf . 9~1 rt?~-+Srrt+i.~;.~R+~~~~±~f~c~iY, . . Denton Nursing Center Gram Giant Co. Jackson Concrete Inc. Lone Star Films, Inc. M & B Mfg. Co. /rte Moore Business Forms, Inc. Morrison Milling Co. Ohio Rubber Co. Peerless Manufacturing Co. Russell-Newman Mfg. Co. S & V Plastics Texas Industries, Inc. Trinity Industries, Inc. Turbo Refrigeration Co. Victor Equipment Co. Transport Systems Westgate Hospital & Medical Center UTILITIES American Telephone & Telegraph Co. Arco Pipeline Co. Atchison,Topeka & Santa Fe RR Co. Brazos Electric Power Coop. Inc. Delhi Gas Pipeline Corp. Dentua County Electric Coop., Inc. General Telephone Co. of the Southwest Lone Star Gas Company Missouri-Kansas-Texas RR Southwestern Bell Telephone Co. ti Southwestern Gas Pipeline Inc. Texas & Pacific RR Co. Texas Power & Light Co. Leon Davis Mineral Trust , The Appraisal Firm agrees as follows; (1) That it is well and fully advised as to the meaning and application of the statutes and laws of the State of Texas relating to ad valorem taxation and that its appraisals will comply with such statutes and laws. (Z) That it will appraise for the tax years 19 75 and 19 76 all of the above-listed and described properties located in the City for ad valorem tax purposes, and in the process of so doing, will gather and compile as of January 1st of each of said years all information and data reasonably needed and reasonably available pertaining to the values of such properties, and furnish said data and information to the Board of Equalization of said City for the purpose of equalizing valuations of such properties with other properties in the City for' each of the years covered by this contract; said data and information to be made available with respect to all of such properties properly and lawfully coming before the Board of Equalization for consideration and equalization upon renditions made by the owner or owners thereof or upon renditions made by the tax assessor where the owner or owners may fail to render the same. (3) That it will meet with the Board of Equalization at its preliminary meeting when the values shall be compared with the rendered values of the above- mentioned properties and to assist the Board of Equalization in such manner as it may desire in determining whica persons, firms or corporations owning any of the t above-mentioned properties shall be cited to appear at the final meeting of the Board of Equalization. (4) That it will meet with the Board of Equalization at its final meeting and when necessary and desirable will present testimony as to the value of the above-described properties, and to assist the Board of Equalization in equalizing the taxable values of properties subject to taxes in said City in such manner as the Board of Equalization may see fit, and they will, generally, assist the Board of Equalization until final action is taken, fixing and equalizing the values of the above-mentioned properties for taxation for the years 1975 and 1976 . (5) That the Appraisal Firm will furnish and pay for all supplies needed for the proper execution of this contract. (6) it is understood by both parties to this contract that Appraisal Firm will furnish expert testimony defending its values at no additional cost to the City, in the event of any court action resulting from such valuations. The City agrees as follows: (1) That it will employ the Appraisal Firm to perform the services as outlined hereinabove for the tax years 1975 and 19 76 and in consideration for the performance of these services by the Appraisal Firm the City agrees and obligates itself to pay the Appraisal Firm out of the proper fund or funds of the City as provided in Articles 1060a and 7212, V. A. T. C. S. , and approved by the Supreme Court of Texas, n. r. e. , in White, et al, v. Pickett et al, 355 SW 2d 848, a sum of money equal to FIVE ( .05 ) Cents on each One Hundred (100. 00) Dollars of assessed value as finally fixed and determined by the Board of Equalization of the City on the properties subject to the terms of this contract for the year 19 75 and a like amount for the year 1976 . Payment in the form of warrants legally drawn against the proper fund or funds of said City shall be made on this contract as follows: r To provide for the payment of said warrants, such an amount of money as is necessary for said purpose is hereby set aside and approf riated out of the r monies in or which shall come into said proper fund or funds, for the years 19-7-~_ and 1976. For the purpose of paying the amount to become due the Appraisal Firm under this contract during the year 19 75 there has been levied for the year 19 75 a tax against all taxable properties in said City at a rate sufficient to produce such an amount as provided in this contract, and the tax thus levied shall be collected along with the other city taxes levied and to be levied for said year. For the purpose of paying the amount to become due the Appraisal Firm under this contract during the year 1976 there is hereby levied for the year 1976 a tax against all taxable properties in said City at a rate sufficient to produce such an amount as provided in this contract, and that tax thus levied shall be collected along with other city taxes levied and to be levied for said year. (2) That it will, at any time same may become necessary, pass and enter of record such orders as may be proper and necessary to legalize and facilitate . -4- the payment of all sums due the Appraisal Firm. (3) By mutual agreement between the City and the Appraisal Firm each will lend every assistance to the other in the effective performance of this contract, (4) It is distinctly understood and agreed between the parties, any language contained herein which might be construed to the contrary notwithstanding that if any word, phrase, sentence, paragraph or provision of this contract shall be for any reason declared or adjudicated to be invalid, such decision or adjudication shall not affect the validity of the remaining portions hereof. (5) All parties to this contract agree that in the event Appraisal Firm performs any or all of its services herein contracted by use of electronic data pro- cessing equipment, all punch cards, tapes, programs, or other software of any kind or nature is and shall remain the property of Appraisal Firm and will not be delivered to the taxing jurisdiction at any time during the term of this contract or at the termin- ation thereof. The execution of this contract is authorized by proper resolution duly adopted by the City Council and duly entered upon the minutes of such City. And for the true and faithful performance of all and every one of the agree- ments and covenants stated, the said parties hereto bind themselves, their succes- sors and legal representatives, each to the other. 'IN WITNESS WHEREOF, the parties to this agreement have hereunto set their hands this day of 1975 r CITY OF DENTON Party of the First Part By: Mayor Secretary PRITCHARD & ABBOTT Party of th i Second Part 1 By: 00 ) -5- { i i f i 'S s C fff \ • y, r ~j ~T ~f •-~.,t ~~t~ )J'f 1. l ~'r ,4., r- ~'it I. fi ~1, ~ f f Group Hospitalization and Life Insurance Plan In reviewing the bids for Hospitalization and Life Insurance for the City employees by five companies, the tally sheet indicates that three companies are clearly out of the picture as they are more than $20,000 to $50,000 a year higher than the lowest bidder. In this study I will compare just the two lowest bids, Blue Cross-Blue Shield and American National Insurance Company. The Base Plan as requested in our Invitation to Bid (copy attached) Is almost identical by the two companies as to cost after calculating the Administrative Cost or Retention, but American National has only $106,000 left to pay claims as against Blue Cross with $112,000 left to pay claims. After a thorough analysis as depicted in the enclosed charts, I would recommend that we take the Blue Cross-Blue Shield Plan with the $45 room payment and a Major Medical of $250, 000 with a $500 Stop Loss per individual per year. This premium would be, as circled in red, $143,541. The City's share of this would be $76,740, which is exactly $77, 00' under what is budgeted for this year. These rates are guaranteed not to change for 17 months. In comparison the American National Insurance Company's closest plan to this one would be a $45 room payment and a Major Medical of $100,000 with a $1000 Stop Loss per individual per year. The premium would be $148, 784 with the City's share of $87,120, which would exceed' our budget. These rates are guaranteed one year. The Retention Plan, or Administrative Cost, charged by the company is a significant factor. American National Insurance Company charges 15% of Gross Premium for administration on all plans. Blue Cross-Blue Shield charges 11.22% of Gross Premium for administration of the recommended Plan. t Acceptance of the recommended Blue Cross-Blue Shield 71lan would result in a saving in premium of $5, 000 over the next lowest bid. {i c w t40' o a o d o " Uhl rn p ~ ~ p a y A C CA JCL :o r4 cn tn 00 co cn 00 O N O O ` -3 WOWO to -3 iA W p W ~h (yD CA ~0P O O O O " w P vii o `dOt~14 c m 4,A f9 AAA 1-A p ff! C ►1 p 1.4 ON W CA co CT N CA A A M W b" cn bp. O .4 W t19 1 -4 0 G. co ~Q W N O O O O O ~ P 69 N co tn ~ w"i y O W N N O W H 8 $.-A CA co ~ 0 C 00 O E; A O O O z µ f N ~w N ttn to cn o -4 co co co to to CA W IPA 0 r o w co OD 0) 0) N O O O O O Cn y co i O p ~ 7 n 0 N PV C4 (A co O o -1 CA ► a Cn N ~ W co 0) CO* m 0 O to N CA W W to O~ C.7 W O co O O 0 0 0 0 s9 tN„ N O co cn N g to O O $.A AN, C) W W ~ N N co O O O p 0 O O O O O 00 C" N co ~-A C~71 p v v Co ` v C4 .4 4M ~.A 00 ca C) ~.A CD bi t4 G co O O O 00.00 C.I. O 0 w o m o r Ts ~ Q, o D CID b C C Lo' y CD a V) to ~ 4A b 0 N3 0 -1 ~ N ~ U~ N 00 N -7 C4 O co O o o 00 00 00 ° " A M m O P. O `eo~q4 0 A C C y ►4A fA 4A -A w 00 (7) -1 O -3 A} A A N CA co v v v 4 f9 sOi (D A C A C w (n (7) O C) O Wpi m m Q) O O O 0 fD O' p O 4A 409 -A N O to 0 b P O CA CD m W O M A ~P iP O O O z 0 0 ' p N t' a o CA) a w C4 m m o cn °o m o O o o O ►f O ~ O A O EA {A W C) P O uli rn 00o a O -4 v v v v v C4 .4 m C4 C4 0 iA o 0 00 °1 0 0 o to CC" a cn ' V V V V V 6 b2 to W I.- SO co O O O O O O O r b o o til a ~ o LL ~ p . co C~ ca O0O0O eO0 N COl N CNJI~ J% CA t7 09 ~p W Cl1 N W 69 m O 000 co p m 00' K y O O aQ O O ~p C C %4 O O y A yOy n Q V V Y V 494 A. CJ1 ..7 00 & W li O co O O O 0 O O O O 49 co co to QOj : W y 0 CO) co Go N 0 106 W O O p co co O O p o~ r o ~ o ~ 4A -4 co 00 M N cn W ] A O A 4A )"I V1 co -J W W co 0 m Ch co co O O O 0 O O E3 O to m {6g W co m U, ' V V V V V 'A y M to co cn W IV^i 0 W.A co 0 O V0 V, O O ,Pb T T O 0 Q m cn ° o o 00 0 ' o 0 J.A ~ o P..4 03 b o o ti b ~ n rt o eD b fD , ar O ~+t1i" pia ~b W00000 7 `4 t0 m N tNn~ W O) ~ DD 00 f9 v v M A to m C) N CA 1j1 -to DUO W ~D► 00 O co O 0 gab o co N o o 0 `a O o0 P. m 0'.4 O A ra A A < A 0.4 P-A 0 -FA .64 19 Ogg R ( N ~ A ►f -7 iOA W 11 co v . v v t4 O ~►J R t4 0) m m 1-+ O cD O~ N O N N O 00 0 O o n O 4 O 9 t00 00 N co 0NO O O O op p h+ 000 N N O O O O O A A t6 CAD -7 co co `n 1O~ 1O~ O O O V1 V O O O ►69 EA ~ {fl O 0) N 6NJ1 -J co co M cm to )-A cn 0 co co N8 O O O O Co Ln~ . O O O 44 di rP Oa ~ OD vONp ~ ~ O N 0 00 m K OD co O O O. O O O ' O O N !~yy 4 W W t0D ta0 ONO P N r V V V V V N O N N co O O ' O O tr~t.• r .'wit ~!!t... r (11 • r!a ! JI`i f I lilt! t• ~l~'Igq~gl~iHgqqfq~tlq11U191B1@lgglglllglqlqqqfMqqqqlllilqqlbll)ggilgiql~lCII1IqqI~I~qqlllQqlpql~qqfql~lUq 7rirerrrtaiuo PUBLIC 5 / 110111 Ollltl • 1940 W. tllllOAt 1a001I1WAT a SALLA1, 111A1 g L (Herein called the Company) CERTIFIES THAT the individual Carried below is insured under the Group Policy or Policies No. 11572 issued to C ITY OF DENTON; TE)(AS (Herrn called the Group Polkybolder) S i f i ` Beneficiary; As shown on your asst recent Group Enrollment Cud or Change of Beneficiary Form on file. i SCHEDULE OF INSURANCE (Section 13 in the Group Policy) The Person shall be insured for the Personal Insurance and for the Dependent Insurance, if any, as shown below on the Effective Date hereof. I 1 i THE INDIVIDUAL NAMED ABOVE IS HEREIN CALLED THE PERSON. 1 Ir s s ' FOR PERSONS ONLY: t LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT REDUCES 50% AT ATTAINMENT OF AGE 65. ~a i ►0R PERSONS AND DEPENDENTS: AMOUNT OF BENEFIT Ea $ 25.00 1 HOSPITAL ^ DAILY ROOM LIMIT AGGREGATE LIMIT (ROOM AND BOARD) 120 DAY PERIOD E DEDUCTIBLE EACH CONFINEMENT 25.00 I UNLIMITED MISCELLANEOUS LIMIT 400.OO SURGICAL E PHYSICIAN VISITS IN HOSPITAL ONLY 5.00 AGGREGATE LIMIT 600.00 i PREGNANCY 1 j HOSPITAL CONFINEMENT LIMIT 100.00 # OBSTETRICAL PROCEDURE a DELIVERY OF CHILD OR CHILOREN 100'00 ' 200.00, _ CAESAREAN SECTION ABDOMINAL OPERATION FOR EXTRAUTERINE PREGNANCY 200.00 50.00 r. MISCARRIAGE 300.00 SUPPLEMENTARY ACCIDENT I03,000.00 MAJOR MEDICAL 100.00 DEDUCTIBLE 31.25 c ROOM LIMIT ° 3 ACCUMULATION PERIOD THREE MONTHS I J'RUG DEDUCTIBLE NO ADDITIONAL DEDUCTIBLE i 3 AFTER THE MAJOR MEDICAL l±c DEDUCTIBLE IS SATISFIED ° THE ODMPANY MAY CfiANGE THE PREMIUM RATES ACCORDING TO THE PROVISIONS OF THIS POLIIGY. This Certificate outlines certain provisions of the Group Policy ptuscspally affecting the Persons Insutusa aad replaces any and all Certificates or Riders that may have been previously issued to the above aueed employee under any and all contracts of Group Insurance issued by the Republic National Life Insurance Comparty. All rights and G benefits are determined by the Group Policy which alone constitutes the agreement under which payments are made. ~11~l~glgltllgl~~~qlqlllql~l~11191~11q>91t~~191lgBlejlllUln~glgl~lllglqlClqlpHlqllplqlfqlnlfE~I~faG91qq1 ' I~gI~1GIG_~1~91q~q~Yl~gllq~9111~11f9g11~11J~ GCI0WAtdI--AV" I" Group Insurance Certificate j~~ ~~F~ WESTER Y COMPANY w, CH1~11 ~ µ eJi`,# E ~5 LICENSE AND PERMIT BOND KNOW ALL MEN BY THESE PRESENTS: BOND No. 1477773 That we, Gerald D. Lowe DBA Lowes Studio of the City of Water Valley State of Mississippi , as Principal, and the WESTERN SURETY COMPANY, a corporation duly licensed to do business in the State of Texas , as Surety, are held and firmly bound unto the City of Denton , State of Texas , Obligee, in the penal sum of One Thousand and No/100--------_-------------------($ 1.000.00 ) DOLLARS, lawful money of the Ui :ted States, to be paid to the said Obligee, for which payment well and truly to be made, we bind ourselves and our legal representatives, jointly and severally by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That whereas, the said Principal has been licensed as a Itinerrnt Vendor by the said Obligee. NOW THEREFORE, if the said Principal shall faithfully perform the duties and in all things comply with the laws and ordinances, including all Amendments thereto, appertaining to the license or permit applied for, then this obligation to be void, otherwise to remain in full force and effect until March 25th 19 76 , unless renewed by Continuation Certificate. This bond may be terminated at any time by the Surety upon sending notice in writing, by cer- tified mail, to the clerk of the Political Subdivision with whom this bond is filed and to the Principal, addressed to them at the Political Subdivision named herein, and at the expiration of thirty-five (35) days from the mailing of 9sid notice, this bond shall ipso facto terminate and the Surety shall there- upon be relieved from any liability for any acts or omissions of the Principal subsequent to said date. Dated this 25th day o-.~ March 1975 . Principal Principal Counter$igr- , ( L`a WESTl SURETY COMPANY By,' By Resident Agent Rv14 VuLLImVl.J, v k E FIilESIDENT ACKNOWLEDGMENT OF SURETY (Corporate Officer) STATE OF TEXAS ) ss County of Dallas On this 25th day of !Larch , 1915_, before me, the undersigned officer, personally appeared RON VV;LLIA`1S. 41,,t %f , who acknowledged himself to be the aforesaid officer of the WESTERN SURETY COMPANY, a co:;, stion, and that he as such officer, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by himself as such officer. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. My Commission Expires JUN 1 1975 , ls- Q `t.J6-n~~ Notary Public La- 2 .T. 1 ACKNOWLEDGMENT OF PRINCIPAL (Individual or Partners) STATE OF ss County of On this day of , 19, before me personally appeare i I known to me to be the individual --described in and who executed the foregoing instrument and acknowledged to me that-he-executed the same. My commission expires 19 Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Corporate Officer) STATE OF ss County of On this day of 19-, before me, personally appeared , who acknowledged himself to be the of _ , a corporation, and that he as such officer being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself as such officer. My commission expires 19- Notary Public a ~I f W Dx a Z y a i a W~ ° d m o H a W'* V w W II c o in { - _ - - kAa17N5tatloau Oa.A+I!aaa.. 1 THE STATE OF TEXAS, DF.E R . Vol 739 iacE 667 1 ~Z~~V A~L ~1fEN BY THESE PRESENTS. COUNTY OF DENTON J That The City of Denton, Texas, a Municipal Corporation 4'734 of the County of Denton and State of Texas , for and In consideration of the sum of Ten and No/100------------------------------DOLLARS, i to it in hand paid by Denton 5501 Joint Venture, a joint venture composed of Warren Clark and F.F. Corporation the receipt of which of the County of Denton and State of Texas is hereby acknowledged, do, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER joint venture composes Clark and Dnton 5501 Joint Corporat3on, its Venture', a successors 4of WaLrren unto the 7W Uand assigns, all its right title and interest in and to that certain tract or par. cel of land lying in the County of Denton and State of Texas, described as follows, and found in Volume 231, Page 245 Deed Records of Denton County, Texas, to-wit : I Being a description of the Texas Power and Light Company!s Substation- Corinth Transmission line as now surveyed, and located across the land of Joe S. Gambill in the L. E. Reynolds assignee of M.E.P. & P.R.R. Co. Survey, Denton County, Texas. BEGINNING at survey station 108 plus 88 same being a point in centerline Joe of said n point t being w 28 t feet between west t of Joe dS. Ben r Sullivan running Gambill and property S Gambill's northwest corner; THENCE south 49° 56' east 830 feet to survey station 117 plus 18 to cen- ter of the fence a property line running north and south dividing the land of Joe S. Gambill and a road. TO HAVE AND TO HOLD the acid premises, together with all and singular the rights, privi. , 41" and appurtenances t1hereto in any manner belonging unto the said Denton 5501 Joint Venture, a point venture composed of Warren Clark and F.F. Corporation its succe and assigns, forever, so that neither the sold' City of Denton, Texas, its successors nor *AiK any person or persons claiming under it shall, at any time hereafter, is we, claim or demand any right or title to the aforesaid premises or appurtenances, or any part there- of. ,%%W&Or„ 18th Qf A~rcih~ our hand at Denton, Texas this • ' i i day of March A. D.19 75 CITY OF ENTON TEXAS Sy. witnesses at of Grantor: • KS HOL9, s B LL N 11 i i AYO1S)U 1 . JL~Y •-ti ACS ~T3~JlfG~T,:~2ST~-STL~ SINGLE ACKNOWLEDGMENT . VOL 739 rw 668 THE STATE OF TEXAS, COUNTY OF, DENTON } BEFORE ME, the undersigned authority, In and for said County, Texas, on this day personally appeared ........_.....w . known to me to be the person whose name . subscribed to the foregoing instrument, and acknowledged to me that he... executed the same for the purposes and consideration therein expressed. GIVEN UNDER DIY ELAND AND SEAL OF OFFICE, This day of A.D. 19-........ (L.S.) Notary Public, ,....-..County, Texas My Commission Expires June 1, 19. SINGLE ACKNOWLEDGMENT - THE STATE OF TEXAS, COUNTY OF.,........_...... BEFORE ME, the undersigned authority, In and for said County, Texas, on this day personally appeared _ ...._...................................r........ _ known to me to be the person whose name ................subscribed to the foregoing instrument, and acknowledged to me that he..... executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This . day of__......... , A.D. I9........... (L.S.) Notary Public . _ ,.-...,County, Texas Dly Commission Expires Jane 1, 19..... . CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY oF__DENTON In and for said Count r, Texas, on this day personally appeared- Bill Neu M3,y Of-_th of Denton, Texas t - known to me to be e~ pessu an bitter whose name is anbaribr.d to the foregoing instrument and acknowledged to me that the same wqjthe act of thsi's}id 1! corporation, and that he executed the same as the act of such corporation for the purposes )3ry1 'consideration therela' expressed, and In the capacity therein stated. M GIVEN UNDER MY HAND AND SEAL OF OFFICE, This 18th -day of--A Ch , A.D. 101: Notary Public, Dent on . •.r ' s/ Tax" My Commission Expires June 1, 19. CLERKS CERTIFICAPO THE STATE OF TEXAS, County COUNTY OF t„lit tise , a t ° +as ass Ly s Clerk of the County Court of said County, do h. bvettifr~Lth9~Alie oing instrument of writing dated on the day of-.- _.............h .OF.y~ti Y;~,1c`15: 1ti, D1~ VjFdcPrs Certificate of Authentication, was filed for L~~' 6T'~ '4? t record in my office on the ....-.-daq cA o tj, P; A. D. 19........ , at.. . o'clock.. M., and duly recorded thhs ....................da of................... lantisa41A46 10~ i Pt o'clock If., in the .4t cort f a i4 Count e ..Y. on , pages-.......... ~;8~SF?~e 2XI WITNESS MY HAND AND SEAL OF T14E COUNTY URT of AX Do0i y, at otit in... the day and„ye~OV ab e wr 1 % aed 'fi'r o r i Coun Qt€rk County, Texas. (L ~'~oe ts' , Deputy. 43 111rfVfpvVFi L~ 431 I t$ . fill ; E 1 l F v+Fl E . v ! 8 o ErrE h I o riE x { E J I Q 0 f w H o r i o W i 04 l E w X F+ w I E i n (-7 ~ Y II r _MART1219rat1o.wGa. Wnr,: 3 Tf THE STATE OF TEXAS, dEf KNORECORDS 79 W ALL MEN VBY T IESEC PRESENTS: COUNTY OF DENTON That The City of Denton, Texas, a Municipal Corporation 4'733 of the County of Denton and Stat3 of Texas , for and in consideration of i the sum of TEN~ AND N01100 ($10.00) DOLLARS, to it in hand paid by Denton 5501 Joint Venture., a joint venture composed of Warren Clark and F.F. Corporation of the County of Denton and State of Texas , the receipt of which i is hereby acknowledged, do, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER QUIT CLABI unto the said Denton 5501 Joint Venture, a joint venture composed 1 of Warren Clark and F.F. Corporation, its successors kxbmand assigns, all its right title and interest in and to that certain tract or par. cel of land lying in the County of Denton and State of Texas, described as follows, and found in Volume 230, Page 177 Deed Records of Denton County, Texas, to-wit: Being a description of the Texas Power and Light Company's Denton Sub- station-Corinth Transmission Line as now surveyed and located across the land of Jim Bracewell in the M.E.P. & P.R.R. d47 Survey, Denton County, Texas. BEGINNING,-at Survey Station 117 plus 742 same being a point in center- line of a fence a property line running north and south between the land of Jim Bracewells and a road said point being 28 feet south of Jim Bracewells northwest corner; THENCE south 49° 56' east 833 feet to survey station 126 plus 07 to center of a fence a property line running east and west between the land of Jim Bracewell and the J. S. Starr estate. TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privi- k-M and appurtenances thereto in any manner belon~nnR unto the said Denton 5501 Joint Venture, a joint venture composed of Warren Clark and F.F. Corporatioh its successors heir: and assigns, forever, so that neither the said City of Denton, Texas, its successors Kilt Rb%, nor any person or persons claimins under it shall, at any time hereafter, have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part there- of. LESS our hand at Denton, Texas this or •aEFojq 18th day of March A. D- 19 75 'iVitncasea at Request of Grantor: CITY OF DENTON, TEXAS ATTEST : BY : _ L~~.ff'L22'ti BILL' p r,' NE ' , MAYQR~ ..rr.:,~r.-m.-a-..=-•:~e.:r..:.-sa~•.-.s-szT--:-arsr---rr-~xre=..-~r~s-ztaei-~ ---7 SINGLE ACKNOWLEDGDIENT , a 739 PAGE 666 THE STATE OF TEXAS, COUNTY OF. AFFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared known to me to be the person.. . whose name . subscribed to the foregoing instrument, and acknowledged to rte that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This . day of A.D. 19 Notary Public, -...County, Texas My Commission Expires June 1, 19..._.......... SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF BEFORE ME, the undersigned authority, In and for said County, Texas, on this day personally appeared known to me to be the person . whose name,............ subscribed to the foregoing instrument, and acknowledged to me that he...... executed the same for the purposes and consideration therein expressed. GryEN UNDER DIY HAND AND SEAL OF OFFICE, This . day of A.D. 19........_. (L.S.) Notary Public, . .........County, Texas Afy Commission Expires June 1, 19...... . CORPORATION ACKNOWLEDGMENT THE STATE OFaTrEXAS, BEFORE ME, the undersigned authority, COUNTY oF.-....D - - in and for said County, Texas, on this day personally appeared-.Bill Neu, Mayor of the,, Git~ Oaf nton, `texas - - _._..known tome to LOMA f or.;c aa rs do~Beer% whose nano is subscribed to the foregoing instrument and acknowledged to me that the same ; . ,c ac} of t)sa acid ~l Cit Council of the City of Denton, Texas. a Muni4T -ti " . rE eor ration and .hit he executed the same ss the act of such corporation for the pcrpases Aid&u:-Ideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY RAND AND SEAL OF OFFICE, This. 1 8th dayof~ Mar - ~S A.D. 19.-, 75_. (L.S.) 4.i..lalldRtoil Notary Public, CObLtyf.Tilna My Commission Expires June 1, 19. CLERK'S CERTIFICATE THE STATE OF TEXAS, COUNTY OF_....,,,._,.. tlfif County Clerk of the County Court of said Count do he y ~ - da of.- 4E rtby, cerrEi[y;dhat' ^-i oregoing instrument of writing dated on the ,,A, D'. .1.f.kw; 1,:! Certificate of Authentication, was filed for record in my office on the dayrb , 6 .,...~.;s a ` kI,{~ D. 19.... at........ o'clock . M., and duly recorded this ...................day of..... _..lk?! 40 d` A. D. 19........ at..... o'clock M. in the _ ¢y tiw,: ~yiY..... Recd d Countyr in Volume................, . , on pages...................... WITNESS MY HAND AND SEAk#WTHE COjt.,JWY UnR ~ f t office in . ............._____..........._.-_o........, the •daayy~n rcyr~t7t 0% erri b ,eb e~ //1YU~ i, t>r . County, Texas. XWE OF TOMS W11MY OF DENTO11 (L s.) ~fej Ce _,r y _ Deputy. • COUNTY CLERK Denton Caun1;, Text; bersby certify that this instrcmanl ryas filed oa the dale and time slsmped hereon by me end was duty re- axdel bs the roturee end prte of th, rzrA ruufs 910 eafoa Ceuaty, Taus as stamped Asrsaa by are, APR 197 I ; a r C:6 N ~ A ~I ~ 1 I M i~ ~A rC' { -i lt, Dash T.~i' }I~j f111f i flLW QI C~ E~ r , i r f b H c 'lJ C la„ Vi oil a, P4 -Ei be .4, M x H Q Q 40 01 V. I 0 r .i 1, i fs'. fi A H ~ ipfC t yesnx &.e,qw wu. - - 739 imE 661 DEED P CORO9 , vai-- THE STATE OF TEXAS, l K11'O~Y ALL DiLN' BY THESE PRESENTS: COUNTY OF DENTON J ~ 4'731 That The City of Denton, Texas, a Municipal Corporation of the County of Denton and State of Texas , for and in consideration of the sum of ------------------------TEN AND NO1100 ($10.00)--------------- DOLLARS, to it in hand paid by Denton 5501 Joint Venture, a point venture composed of Warren Clark and F.F. Corporation of the County of Denton and State of Texas , the receipt of which is hereby acknowledged, do, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER QUIT CLAIM unto the said Denton 5501 Joint Venture, a joint venture composed of Warren Clark and F.F. Corporation, its successors hAkk and assigns, all its right title and interest in and to that certain tract or par- eel of land lying in the CountT9 of Denton and State of Texas, described as follows, and found in Volume 3, Page 320 Deed Records of Denton County, Texas, to-wit: Being a description of the Texas Power and Light Company's Norwood- Denton-Bowie Transmission Line as now surveyed and located across the land of Continental Bank any. Trust Company, Fort Worth, Te::as in the M.E.P. & P.R.R. Co. Survey, Denton County, Texas. BEGINNING at survey station 1499 plus 93 same being a point in centerline of a fence running north and south between the property of Continental Bank and Trust Company, Fort Worth, Texas and J. E. Smith; said point being 543 feet north Continental Bank and Trust Company, Fort Worth, Texa ' Southeast corner; THENCE north 49° 00' west 2456 feet to survey station 1524 plus 49 to center of a fence dividing the property of Continental Bank and Trust. Company, Fort Worth, Texas and W. C. Sullivan. A ' n TO HAVE AND TO HOLD the said premieea, together with all and singular the rights, pnvi- legal rAud appurtenances thereto in any manner belonging unto the said Denton 5501 Joint Venture, a point venture composed of Warren Clark and F.R. Corporation its successRAA&nd alai gm, forever, so that neither the said Ctty of Denton, Texas, its successors nor lftegMPtany person or persons claiming under it shall, at any time hereafter, love, claim or demand any right or title to the aforesaid premises or appurtenances, or any part there- t d c our hand at Denton, Texas this 'r I'•s th day of March A. D. 19 q5 Witnesses at nest of GranCITY OF DENTOXI TEXAS ATTEST r~ BY : y. 44j1LLT., CITY SECRTITARV THE STATE OF TEXAS, SINGLE ACKNOWLEDGMENT ; Vol 739 PACE 662 COUNTY OR. ...........DFFORE M}:, the undersigned authority, In and for said County, Texas, on tl.is day personal!y appeared............... _ known to me to be the person whose name , subscribed to the foregoing instrument, and acknowledged to me that he executed the ,ame for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of- A.D. 19......__. (L.S.) Notuy Public, County, Texas My Commission Expires June 1, 19 SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF.- [BEFORE bIE, the undersigned authority, In and for said County, Texas, on this day personally appeared kncwn to me to W the person -vhose name subscribed to the foregoing instrument, and acknowledged to me that be.. _ . executed the same for the purposes and consideration therein expressed. GIVEN UNDER 51Y HAND AND SEAL OF OFFICE, This day of A.D. 19.......-_. (L,S.) Notary Public, County, Texas My Commission Expires June 1, 15 CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS, ) ? BEFORE biE, the undersigned authority, COUNTY OF__.._1?ENTON--- in and for said County, Texas, on this day personally appeared)_ Bill Neu, Mayor of th6' Gtt of Denton. Texas • 0 .-known to me to be O.a b'ir aehMMio elr - whose name is subscribed to the foregoing instrument and acknowl dyed to me that the same was Mr act of the isK. } ____Ci.ty._-Co-unoil_of__.the...C3-t~t~f-_-Ilentan_,-.Texas-,-a.-Munib r;rell:,_~_ . 7A corporation, and that he executed the same as the act of such corporation for the purposes and car 'dir# n thetYirl T expressed, and in the capacity therein stated. f, GIVEN UNDER DIY HAND AND SEAL OF OFFICE, This--J-9t1-day of Matg L , , A .D. Notary Public, dton ' Cdinex" My Commission Expires June 1 29. 15 ' CLERK'S CERTIFICATE THE STATE OF TEX.:S, - i,. pF...._.........._...__......_...__....._._..-._.._.-_._-._.._.., County COUNTY OF.- . tpU t6os ~ Clerk of the County Court of said County, dgSlt Er~etby. F Vrttt 44ufp*foing instrument of writing dated on the day of ...................Soil f...~ .C1.;, 1F (lu ~f~iga' pt~rdtiklg Certificate of Authentication, was filed for mord In my office on ths ....day o`t e~Nti1•s1~ 01"' q', a~tp0ep~I~19..._... , at......... o'docic...... H., and duly 00& ~6 recorded this c'sy of........__.~t S410 vd'oe aasv e~ ..._...A. D. 19..,....._, at.......... o,e,,xk. H•, in the de'~tt~~o?.~.. Record Of Z County, In Volume . on pages WITNESS MY HAND AND SEAL 9E'THE COL C~UR([~of sai s ! office In_ the a4y a r1r 01, c written A Jam. County, Texas. (4 'cs te. W y.-... _ _ , Deputy. 431 Eli 43 s~ 0 3 ..v 01 b ` 0 0i 141 Z! U lr 1 ' I s x Y~ Sa I I THE STATE Or TEXAS, DEED RECORDq , VOl 739 SALE 663 Dan" COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS- That The City of Denton, Texas, a Municipal Corp 4732 of the County of Denton and State of Texas , for and in consideration of the sum of --TEN AND N01100 ($10.00) DOLLARSt to it in hand paid b Denton 5501 Joint Venture, a point venture composed of Warren Clark an F.F. Corporation .of.. the County of Denton and State of Texas , the receipt of which Is hereby acknowledged, do, by, these presents, BARGAIN, SELL, RELEASE, AND FOREVER oPT CLAI11f nto the said Denton 5501 Joint Venture, a point venture composed warren ar an F.F. Corporation, its successors and assigns, all its right title and interest in and to that certain tract or par. eel of land lying in the County of Denton and State of Texas, described as follows, and found in Volume 413, Page 234 Deed Records of Denton County, Texas, to-wit: BEGINNING at a point in the west property line and same being east right of way line of U. S. Highway 77, said point being 600 feet, more or less, in a southerly direction from C. E. Carruth's northwest property corner; THENCE in a southeasterly direction for a distance of 150 feet, more or less, to a Texas Power and Light Company's deadend pole and its attached guy at survey station 4, plus 20, said guy to extend in the same south- easterly direction a distance of 30 feet, more or less, from the base of the aforesaid pole, said pole to be located 60 feet, more or less, in a southeasterly direction from a house now located on this property. J r TO HAVE AND TO HOLD the acid premises, together with all and singular the rights, privi- kges and appurtenances thereto in any manner belonging unto the said Denton 5501 Joint Venture, a point venture composed of Warren Clark and F.F. Corporation its successors CityxliolMand assigw, forever, so that neither the'sid .of Denton, Texas, its successors. . nor holzu zitr any person or persons claiming under it shall, at any-tWe hereaf ter, have, claim or demand-any right or title to the aforesaid premises or appurtefWxe8; or nny part there-. WIN= our hand at Denton Texas thfa 18th day of Mach A: D; 18 75 Witnesad at, Re uest of Grantor: CITY OF DENTON, TEXAS ATTEST: BILL NEU, -MAYOR I SINGLE ACKNOWLEDGMENT ~VOL 739 PACE664 THE STATE OF TEXAS, COUNTY OF. BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared_. known to me to be Cv- pnson... whose name subscribed to the foregoing instrument, and acknowledged to me that he. executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This . day of_ A.P. 19.......... 1 L.S.) Notary Public, County, Texas My Commission Expires June 1, 19......... SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, 1 BEFORE ME, the undersigncd authority, COUNTY OF... . in and for said County, Texas. on this daq personally appeared - known to me to be the person ....whose name subscribed to the foregoing instrument, and acknowledged to me that he..... executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This . day,of A.D. 19 (L.S.) Notary Public, . .................................................,..County, Texas My Commission Expires June 1, 19 COI(PORATION ACKNOWLEDGMENT - - THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF--_- DENTQN----------------_--~ in and for said County, Texas, on this day personally a Bill Neu, Mayor of the Cit appeared-_ Y. of Denton Texas - ----known to me to be the peraon4 whose nom is anb c ibed to he to-e oing in tr men and se owledged to th t t 1a as was the rct•~ tHpia •r City ~ouncri of t)1e q ty o t %'Aon, ~exas, a rKMo pa < t Accorporation, and that he executed the same as the act of such corporation for the purposes and o6welderatlon the expressed, and is the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This...._Isth-day ot____ Ma _9h_., A.D. 19-15 Notary Pnblie, _ Detom County, Tom My Commission Exolres June 1. 19` CLERK'S CERTIFICATE THE STATE OF TEXAS, I,____.. 01 , County COUNTY OF_ _ ~0es~ 10, %%%t ti.. .A o Clerk of the County Court of said County, do hereby certify tlif~ t}Ce` (vYetiro_g instrument of writing dated on the day of y~5 A° D 19. ,chivi F.ertilicate of Authentication, was fled for mozd in my office on the .............day Q~S1... t09`?~11NC.rt>.;1 .0.g pAs~ 19..-'..._, at_....._. o'clock-.. M., and duly recorded this. day of `plc aVtpq va~~~ ss SgRP_.AtDX 19.......-., at.......... o'clock M., in the 6?~6.a1R~~tle~s of sgid iity, in o~u e.._........ , on pages....................., WITNESS MY HAND AND SEAL OFT%'+hJNTY ORT of id Coin e In__ _ the day and year Its 4pwrntten. S~ u County, Texas C~w~tY 00 4 e ~ (L. 3) 'ei ee' i , Deputy. Y e3 .41 i an I w i .~•1 . F O 0i ~s Q I w A It i71: Gf~~lZlT~}I M ~ M ss I i I Q g E-41 43 C 0: P4 i I ~ 1 ~ I ~ ' i ~ Ed I a 43 el' =94-QU li_t LAllt. DEED _ _ MA tkwi Do.,Danr . THE - _ DEED rccchDs VOL Y739 ~A RMN - DEED h6E 67'3 THE STATE OF TEXAS, I K O W ALL MEN BY THESE PRESENTS: COUNTY OF DE14TON That The City of Denton, Texas, a Municipal Corporation 473'7 of the County of Denton and State of Texas , for and in consideration of the sum of --------------•--------TEN AND N01100 ($10.00) DOLLARS, to it in hand paid by Denton 5501 Joint Venture, a joint venture composed of Warren Clark and F.F. Corporation of the County of Denton and State of Texas , the receipt of which is hereby acknowledged, do,. by these. presents, BARGAIN, SELL, RELEASE, AND FOREVER QUIT CLAlbi unto the said Denton 5501 Joint Venture, a joint venture composed of Warren Clark and F.F. Corporation, its successors kedrg~and assibms, all its right title and interest in and to that certain tract or par. cel f land 1 in h Co nt Denton tat ogg Te s d rib as Uow an~ fount n i~oelum~ 71~ Page 238 Deed Rec~A`~ o Denp(o unty, ''exa~s, to-wit: BEGINNING at a present Texas Power and Light Company's Distributio pole as now surveyed and located on this property at survey station 7 Plus THENCE in a southerly direction for a distancecof 30 feet, more or less, from the base of the aforesaid pole to a guy anchorage; BEGINNING again at survey station 7 -plus 80; THENCE in a northeasterly direction for_ a distance of 780 feet, more or less, to a Texas Power and Light Company's angle pole at survey station 117 plus 85 as now surveyed and located on this property; THENCE in a northerly direction a distance of 30 feet, more or less,. fro the base of the aforesaid pole to a guy anchorage; BEGINNING again at survey station 117 plus 85; THENCE in a southeasterly direction a distance of 1 foot, more or less, to a point in the east property line, said point being located 804 feet i more or less, in a northerly direction from the southeast property come and same being the west right of way line of U. S. Highway 1 77. 'TO -HAVE AND TO :HOLD -the said :premises, together -with all and singular the right,, privi. kgea and.appurtenantes thereto iri any manner belonging unto the said Denton 5501 Joint Venturesa Joint.venture.composed of Warren Clark and F.F. Corporation its successors - U*s:and-assigns,•forever, so that neither the said City of-Denton, Texas.-Its successors ;Wrx pbWm eorany, person or peraons_goyiing under it shall, at any time hereafter, have, claim or demand any right:or.title•totheLaloresaidpremises or appurtenances, or any part there- of, • our .bgnd..at M Denton,- Texas this % day: of r: March A, D. 19 75 ` , at a of_G.r►,~tor: : M+rs► OF nENT04_TEx S t . : LI-01 BILL NEU, MAYOR IT-Y..SECRETARY 16 A:~ : ' . , SINGLE ACKNOWLEDGMENT VOL 739 FACE 674 IF. STATE OF TEXAS, : XAS...... . COUNTY OF. } BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared..... _ . known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDF,R MY HAND AND SEAL OF OFFICE, This day of A.D. 19...,....... (LS.) Notary Public, ........County, Texas My Commission Expires June 1, 19..... SINGLE ACKNOWLEDGMENT 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 the foregoing Instrument, aad acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of A.D. 19........-. (L.S.) Notary Public, .......County, Texas My Commission Expires June 1, 19..... .....CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS, - ' BEFORE ME, the un f rl COUNTY OF-...DENTON----.._____-) t f R f~. In and for said County, Texas, on this day personally appeared_....B~L.'1B_lla....j!'Say.QZ_QrV2 ~i~tY• ---Dent on, Te X1S _ known to me tb b~ the person and officer whose name is subscribed to the foregoing instrument and acknowledged to rr- that the same.xaaa the act of the said City. Council of the_C t_y_ of Denton,_Texas~ a I'.nicipal•'Corporation _ t ZjVVff fbgand that he executed the same as the act of such corporation for the purposes-A aideratba thextn expressed, and In the capacity therein stated. . GIVEN UNDER MY HAND AND SEAL OF OFFICE, This l~ t W day of-% A.IL 19? s i Notary Public, mFy, Te=as My Commission Expires June 1, 197 CLERK'S CERTIFICATE THE STATE OF TEXAS, I,...... .I...... _ County COUNTY OF_._............. Clerk of the County Court of Wd County, do he a 'that the foregr+Ing Instrument of writin6 dated on the day of...... t..wol -v'Qa a with its >rtilleate of Authentication, was filed for oen t t" ~l tow' ri record in my office on the.... . t161 ra MFaYa.. *A. D. If........ , at-__ o'clock M., and duly recorded this ....................day .tM1..tot A0. ..i.. tq." ......A. D. 19...... at._....... o'clock......... . M., In the p kd t7rv rct n ' ~t0 _._........_.....__...._a d d~ 11.:`jiy;C: 1i.....t orris of said County, In Volume , on pages WITNESS MY HAND AI~~~YiQI 'F TH N t~OURT of said C(uoty, at ofAce im........ Q, the nd.Se :E c written. SLATE Of TflIAS COUNTY Of 1JfM UIM OtEtK. OrAw County, Texas o• } i ,G t10 I burly oath u t this in 7rmKat rrss fled on (e s f k and tw stamp:d Asreotil/9a) sari ews duty ~ ,,.,,y~ . r°;rr Coonty, Texas. to ded in tee roteaw sad Pate of the naskd records ~r r• JJ~,>P"'r Depr•y. of Desisa liar*. tens es stamped leffm by Ia1, Ce APR X' ON Q 1, ^a i E d'A I is RAWN CE CCOUU OO a . 04 t J-3 w w o \ V 04~ . r Jq 43 r a EEO RECORDS` va 739 cAcE 671 TGIF STATE OF 'T'.1tAS, KNOW ALL 51EN BY THESE PRESENTS: COUNTY OF DENTON t That The City of Denton, Texas 4736 , _ of the County of Denton and State of Texas , for and in consideration of the sum of I AND NO/100 ($10.00)-------------- DOLLARS, to it in hand paid by Denton 5501 Joint Venture, a joint venture composed of Warren Clark and F.F. Corporation of the County of Denton and State of Texas , the receipt of which is hereby acknowledged, do, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER i Denton 5501 Joint Venture, a joint venture AWJU44%4 9~aPW dark and F.F. Corporation, its successors 7i&Mand assigns, all its right title and interest in and to that certain tract or par. eel of land lying in the County of Denton and State of Texas, described as follows, and found in Volume 372, Page 406 Deed Records of Denton County, Texas', to-wit: Being a description of the Texas Power and Light Company's Denton County Rural Distribution (Code 11-42, WA 2042) an extension to serve C. P. Smith and others as now surveyed and loetted across the property of C.P. Smith and H. L. Goodman in the M.E.P. & P.R.R. Company Survey, Denton County, Texas BEGINNING at a present Texas Power and Light Company intermediate pole at survey station 0 plus 00 as now surveyed and located on the property of C. P. Smith and H. L. Goodman; THENCE in a southwesterly direction 80 feet, more or'-less, to-•a Texas Power and Light Company angle pole at survey station 0 plus 80, said pole to be located 453 feet, more or less, in a northeasterly direction from a property line running in a northwesterly and southeasterly direction" dividing the property of C. P. Smith and H. L. Goodman, and H. L. Goodman, and 310 feet, more or less, In a northwesterly direction from the south property line; BEGINNING again at {a Texas Power and Light Company angle pole at survey station 0 plus 80; THENCE in a northeasterly direction a distance of 30 feet, more or less, to a guy anchorage; BEGINNING again at a Texas Power and Light Company angle pole at survey station 0 plus 80; THENCE im a southwesterly direction 453 feet, more or less, to a point irz the west property line 282.feet, more or less, in anortherly direction from the- south property line. TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privi. leg" and appurtenances thereto in any manner belonging unto the said Denton 5501 Joint Venture, a joint venture composed of Warren Clark and F.F. Corp oratIor6*R'U9aAYjWfore'vr so that neither the said City of Denton, Texas, its successors > **AM nor any person or persona claiming under it shall, at any time hereafter, have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part there- i _ our hand Denton, Texas this 'y1. O Eyj $,th day of March L D. 19 75 itncgsea at u&sst of Grantor: =TY_QF_MRT0.~TEXA-S BY: e yep BILL t- C NhU ; MAY0i ROO _ , OL- 'CITY SECRETARY - , r=te= - - - _ 1 C SINGLE ACKNOWLEDGh1ENT Val 739 tnE 872 THE STATE OIL TEXAS, i COUNTY OF. J BEFORE b1R the undersigned authority, .n and for said County, Texas, on this day personally appeared . L~ known to me to be the person . whose name subscribed to the foregoing instrument, and acknowledged to me that he..... executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This . day of A.D. 19........... (L S.) Notary Public, .....-,County, Texas My Commission Expires June 1, 19.... SINGLE ACIINOWLFDGDIENT THE STATE OF TEXAS, COUNTY OF.- ....I BEFORE ME, the undersigned authority, in and for said County, Texas, on thi: day personally appeared.._ . _ known to me to be the person whose name. subscribed to the foregoing instrument, and acknowledged to me that he..... executed the same for the purposes and considevUon therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of A.D. 19...... (LS.) Notary Public, County, Tel" 3fy Commission Expires June 1, 19 CORPORATION ACKNOWLEDGAIENIT THE STATE OF TEXAS, COUNTY OF_....1)ENTON BEFORE DIE, the undersigned authority, _ • In and for said County, Texas, on thls day personally appeared- 13111 Neu, Mayor ofT the L City t • , of Denton1 Texas person and o V Denton, r known tome to be the' whose n ame is subscribed to the foregoing instrument and acknowledged to me that the same was the act of tAs a►id ----Cit-y_~ounciZ._uf_..the._Cisry-~L.Ilenxan~sexas-,-~-Musiic!~2 ~ corporation, and that he executed the same as the act of such corporation for the purposes and~Eonalderation there expressed, and In the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This_ 18th day of_ MaV 6%' A D. 197 Notary Public, DAt on y ftflil, Texas s... My Commission Expires June 1, 19~L CLERK'S CERTIFICATE THE STATE OF TEXAS, , County COUNTY OF....... Clerk of the County Court of said County, do hereby certify k%t4e foregoing instrument of writing dated on the day of A..v, y{~s Certificate of Authentication, was died for record in my office on tha ................-.day of..... tr&`.t Mt # A~ at......,.,... o'clock M., and duly ~ 1l CtX of ,sk 1P e,t 0 tom`........ , recorded thL....... day of......_..~ Lht r ook 19.......... at_,....._ o'clock. . M., in the Y -_._....._n~.co,%:, .9 ~tsslty County, in Volume . on pages WITNESS MY HAND AND SEAOUR .said County, at office In cad` a da pndleaiTst aboy y ' P~jptrpt erk Yd _a~ County, Texas. (L 9) R., BBy.i1~~ , Deputy. moll . } 5 45~ 4 a io CPO 4 R u t4 1 •~t ~ E yyU~] ~ ~ i QQ i ~ i ~ E ~t lri O 00 0 o = 3s~~ f 3 t 1 l I b o twj i E i Oft; V A ~ 43 Cd j VV ~ ,i ,,_~=o~Las:c:.aix.ree~'-- - =-==--=T--- _ _ _ -~--~~usn~rm.u~.r:oo.n.►r.-- VEM 1Zc"CORDS V. 739 FACE 669 THE STATE OF TEXAS, l KNOW ALL 31EN BY THESE PRESENTS: COUNTY OF DE14TON j That The City of Denton, Texas, a Municipal corporation 4"735 of the County of Denton and State of Te xas , for and in consideration of the sum of-------------------------------------------------------------- ~ DOLLARS, -----------------------TEN AND N01100 ($10.00) to it in hand paid by Denton 5501 Joint Venture, a joint venture composed j of Warren Clark and F.F. Corporation of the County of Denton and State of Texas , the receipt of which is hereby acknowledged, do, by these presents, DAROALN, SELL, RELEASE, AND FOREVER QUIT CLADI unto the said Denton 5501 Joint Venture, a joint venture composed of Warren Clark and F.F. Corporation, its sucessors r tibWand assigns, all its right title and interest in and to that certain tract or par. r j eel of land lying in the County of Denton and State of Texas, described as follows, and found in Volume 372, Page 407 Deed Records of Denton County, Texas, to-wit: Being a description of the Texas Power and Light Company's Denton County Rural Distribution (Code 11-42, WA 2942) an extension to serve C. P. Smith and others as:-,now surveyed and located across the property of Hal Goodman in the M.E.P. & P.R.R. Co. Survey, Denton County, Texas; BEGINNING at a point in the.east property line 45 feet, more or less, north of the southeast property corner; THENCE in a southwesterly direction 21 feet, more or less, to a Texas Power and Light Company deadend pole and its attached guy at survey sta- tion 5 plus 542 said guy to extend in the same southwesterly direction 30 feet, more or less, from the base of the aforesaid pole, said pole to be located 45 feet, more or less, north of the southeast property corner and 21 feet, more or less, in a southwesterly direction from thp. east property line. •0 BEGINNING again at a Texas Power and Light Company deadend pole at survey station 5 Plus 54; ' THENCE the same southwesterly direction 72 feet, more or less; to a se--- vice pole at survey station 0 plus 72, said pol to be located 75 feet, more or less, in an easterly direction from a house now occupied by Hal Goodman. TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privi. l leges and appurtenances thereto in any manner belonging unto the said Denton 5501 Joint Venture, a joint venture composed of Warren Clark and F.F. Corporation its successors MbM and assigns, forever, so that neither the said City of Denton, Texas, its successors nor bjias aw any person or persons claiming under it shall, at any time hereafter, have, elalm or demand wi`v right or title to the aforesaid premises or appurtenances, or any part there- ESS our hand at Denton, Texas this 8th day of March A. D. 19 75 s .Witneaesa• ucat of Grantor: CITY GF DENT01i1 TEXAS Ry! ' -r $bOK:3,Fi0L2t3iT'~ sSECRETAjtY ' fem. L' J l THE STATE OF TEXAS, SINGLE ACKNOWLEDGMENT va 739 PA' a 070 . BEFORE ME, the undersigned authority, COUNTY OF . In and for said County, Texas, on this day personally apocared................... . i _ known to me to be the person whose name subscribed to the foregoing Instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed GIVEN UNDER MY HAND AND SEAL OF OFFICE, This . day of A.D. 19- (L.S.) Notary Public . ......County, Texas My Commission Expires June 1, 19 SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF.. BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared..... known to me to be the person... whose name.. . subscribed to the foregoing instrument, and acknowledged to me that he CAf--uted the same for the purposes and consideration therein expressed GIVEN'JNDER MY HAND AND SEAL OF OFFICE, This day of A.D. 19......__. (LS) Notary Public, ..............County, Texas My Commission Expires June 1, 19........ CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS; BEFORE ME, the undersigned authority, COUNTY OF-.---...DENTON..... in and for Bald County, Texas on this day;-monslly appeared... Bill Neu,--..May Qf __irhe C by lplj Denton., Texas known $ - to me to be tihe~+son fns o!$cef °s whose name is subscribed to the foregoing Instrument and acknowledged to me that the same Vastp~.A act pf the eaw-e Texas.a Mltnici al__.Cor. oration-.-~ r,KQpxMwIdxi, and that he executed the same as the act of such corporation for the purposes do<- oration therelq , expressed, and in the capacity therein stated. f n GIVEN UNDER MY HAND AI`:D SEAL OF OFFICE, This 18th day of, Ma Cli , A D. 19, 75u,-- z, t Notary Public, 1?~iltfOn J s'S" j Vi., . My Commission Ex91rn June 1, 19.75. ' r. r - CLERK'S CERTIFICATE THE STATE 01 TEXAS, t , County COUNTY Clerk of the County Court of said County, do hereby « rt~m 011 the foregoing instrument of writing dated on the q te`t+ M day of , A X29• tSd Qi its Certificate of Authentication, was filed for record in my of5ce on the. ..................day o{ ~so S19......., at.... o'clock.. M., and duly recorded this .day of....... 0fSE S`t~AIN vte.'.WtDo `yo of-... Vj*. . 19......-., at...... o'clock.. M., In the _ ............._._.._............._.....__c._..bit..iJi~tpiSt said County, in Volume.................. , on pages , WITNESS MY HAND AND SE) [to ~~Ot l'y,,.Goti f said County, at office in the~deg artyyear last a td n. _ O r I---......_.._.:.......... - nn~n 1 Clerk....(' _ County, Texas, vp~'.;JU....._._._.-_.__._._........._........... Deputy. c 1 l ~ ~ A o i i« 4 V f ! t3 43 ~~ee ti O i ~L Ni F I O 5, r Q Lv~ 0:l~li* ` i o So y -A- i t1l ! i b s Tv 1 I a ti°. ` E`E c,y z O ri o t .sl i I 7i E of ! ! ! c~:~ f+ ;in H I~ E a ' u 1 ~ I ~ a ~ ~ to ~ .e rA ! H~.a3