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HomeMy WebLinkAbout04-1975 Apr, L~~ SOLICITOR'S BOND THE STATE OF TEXAS COUNTY OF DENTON: KNOW ALL MEN BY THES4PRESENTS: THAT WE, _ Lone Star Gas Company as Principal, and the other subscribers hereto, as sureties, are held firmly bound unto Mayor of the City of Denton, Texas, and his successors in office, for the use and benefit of the City of Denton, Texas, or any injured party in 'he sum of One Thousand Dollars, ($1,000.00), the payment of which well and truly to be made, we hereby bind ourselves, our heirs, and administrators and assigns forever, firmly by these presents: WITNESS OUR HANDS ON THIS THE 14th _ day of _ April A.D., 1975 The condition of the above obligation is such that whereas the said Lone Star Gas Company _ shall well and truly and fully comply with the provisions of all ordinances of the City of Denton, Texas, regulating and applying to itinerant merchants, itinerant vendors, peddlers and pe.,ons taking orders for or offering for sale goods, wares, merchandise, services, photograr`s, newspapers, magazines, or subscriptions to newspapers or magazines and shall make and complete final delivery of SERVICES AND/OR MERCHANCISE, in accordance with the terms of any order obtained and shall indemnify any and all purchasers or customers, for any and all defects in material or workmanship that may exist in the article sold by the said Lone Star Gas Company , at the time of delivery, and that may be discovered by such purchaser or customer within 30 days after delivery, then this obligation shall be null and void; otherwise, it shall remain in full force and effect. This bond shall be for the use and benefit of all persons, furs or corporations who may pay in advance and make advance deposit on purchase price of order, and all such persons, firms or corporations may recover on this bond. The term of this bond shall be for a period of one year from the date hereof. Lone S 4r Gas Company By: mmicA APPROVED: Na on uret Corporation By: B Mayor - Attorney-in-Fact Janice G. Correy APPROVED: By: City Attorney RwoADaa REQUE" o sT Atm VnW11 Amoxam X= To Name F sawt Address city L GENERAL POWER OF ATTORNEY NATIONAL SURETY CORPORATION i7fOW Ala, bm sy THCZE PBPSFMa: That NATIONAL SURETY CORPORATION, a Corporation duly organized and existing under the 1,ws of the State al Illinois, and having its Home Office in the City of Chicogo, Illinois, has made, constituted and appointed and does b;, these presents make, constitute and appoint BARRY 11 1. MMRICK I JOE BRUCE, JANICE G. CORREY AND ROBERT COBS, jointly or severally DALLAS, TEXAS its true and lawful Attorney(s)-in-Fact, w'.th full power and authority hereby conferred in its name, place and stead, to execute, Food. acknowledge and dehVer any and all bonds, undertakings, reeognizanees or other written obliga- tions in the nature thereof and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate ssad of the Corporation and duly attested by its Secrelary, hereby ratifying and confirming all that the sa,{ Attorney(s)-irt- Foci may do in the premises. This power of attorney is granted pursuant to Article Vlll. Section 29 and 30 of By-laws of NATIONAL SURETY CO.IPORATION adopted on the 2nd day of October, 1970, and now in full force and effect. "Ankle V01, Aypei.f.nt a.d Astlwrits of xl"mt Arutawt Sterreeries, and Artorser-ix-rset emit Aec.ts to mesyt Uprl Prover east Yale Appeere.els. Section Y9. AM=11 The Chairman al the Board of Directors, the President. any VKe-President or any other Person autl.odied b7 the hoard d Director, the the Board of Dir►cicrs, the President or any Vkv.Preetdent, may. from time to rime. ,r volnl Reddest Asah:sat k"" es! Attorneys-in-Fact to represent and act for and on behalf of the Company and Agents to accept legal process or ~ cocks appearances tot' aaa as behan of the Company. Section 30 t.thoritr. The Authority of such Resident Assistant Se oloti,es. Attorneys in-Fact, and Agenis shat] be as prescribed to the huhumaaf evidendsq their appckittasat, and an77 such appautisaa t and an authority arosted thessby may be rsvoted ist say nsoe by the Board W Dooctas of by any taersoa *=powered io make et:rA srppewnaoal•' This power of attorney is signed and seated under and by the authority of the following Resolution adopted by the Board of D(reckrs of NATIONAL SURETY CORPORATION at a meeting duly called and held on the 7th day of September, 1972, and that said Resolution has not been amended or repealed. RESOLVED," that the signature of any Vice-president, Assistant Secretary, and Resident Assistant Secretary of this Company, and the seal of this Company may he affixed or printed on any power of cltorney, on any revocation of any power OI cr"crney, or on any certi- ficate relating thereto, by facsimile, and any power of attorney., any revocation of any power of attorney. c: ce t+9Ccle bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company." IN WITNESS WHERECF, NATIONAL SURETY CORPORATION boa caused these presents to be signed by its Tice-President and its corporate sed to be hereunto affixed" 101 day A January- I I9_ZL_ T[ONALVr~ RATION NA o(t* STATE OF CAUFORH[A, CITY AND COUNTY OF SAN FRANCISCO re On thta lit day of January 19_ before me porsondly came FADES K WELLS, to me knomyi. Frio, being by me dull sworn, did depose and say. theft he is Vice-President of NATIONAL SURETY CORPORATION, the Corporaion described in and which executed the above Instrument Thai he knows the seal of said Corporation; that the seal affixed to the sadd Instrument is such corporate sea that It vas so affixed by order of the Board of Directors of said Corporation and that he signed his ty®e thereto by like ceder. IN WITNESS WHEREOF, I have hereunto set my hand and f8xed my official seal, the day and yea herein first afore written. NOTARY PURR - CALFORINA ® CRY A COMRT OF 1M EtIWRMM H. T NEWIM11y, xo~ AV uNifn bow 1e110t. it MTi CENTIFTCATE ST,!TE OF CAUFORH[A, cR•Y AND CORM OF SAN FRANCZ00 as. T, the uidwsigned, Assistant Secretor of NATIONAL SURETY CORPORATION, an Illinois Corporation, DO HEREBY CERTIFY that the kregoin7 and attached POWER OF ATTORNEY remains in fail fore and has not been revoked cord furthermore that Article VIII, Sec- tions 29 and 30 of the By-knrs of the Corporation, and the Resolution of the Board of Directors, set kc% in the Power of Attorney, are now in force. Slgaed sad sexed at the Cory sad County of Sari Fromaxi o. Dated 'the 14th day of_ AD oil ip 75 ATV ' WOff e x twoWn Ammar! "orelay e $006" 040I`lhi-1.73 1 P F' r ti ~j5 t r COPY OF RESOLUTION by CITY COUNCIL, CITY OF DENTON, TEXAS (None of Sponsor's Governing Eody) ACCEPTING A GRANT OFFER WHEREAS, an Application for Federal Assistance uated November b, 1974 has been submitted to the Department of Transportation, Federal Aviation Administration (FAA) requesting federal participation in the cost of cer- tain improvements at DE`TON MUNICIPAT, Airport; WHEREAS, the FAA has issued a Grant Offer which, if duly accepted, pro- vides a commitment of $12,000.00 in federal funds for develop- ment specified therein; and WHEREAS, it is determined to be in the interest of City of DENTON, TEXAS (termed "Sponsor" herein) to accept this Grant Offer; NOW, THEREFORE, BE IT RESOLVED that Sponsor does hereby accept the pro- f visions of said Grant Offer, a copy of which is attached hereto and in. corporated herein for all purposes,and, to evidence this acceptance, the CITY MANAGER (Title) is hereby authorized and directed to execute the Grant Offer on behalf of Sponsor. PASSED, ADOPTED, AND EFFECTIVE THIS 11511! day of APR~t , 1975.0 C E R T I F I C A T I O N I do hereby certify that the foregoing is a true and correct copy of a resolution duly passed and adopted by Sponsor's Gover g Body. C ignature) ' APR~~ ~b 19'15 (pate ~p Certiffiicat gROOkg No~z APPROVED V 4'0 Lt~GAL FORM: (printed/Typed Name and Title C.rt S~cstt,~-Ati~t , GTY of 0~ron~ Paul Isham, C ty Attorney 1 (Std. GO Reso-ASWRO-23 Dec.74) ~ ~ ~ Y t F ~ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON$ TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 1ST DAY OF APRIL, A. D. 1975. R E S O L U T I O N WHEREAS, the accumulation of guns obtained by the police department of the City of Denton in the course of their crimi- nal investigations has become substantial; and WHEREAS, the guns listed in the attached schedule* were accumulated prior to 1970 and the passage of legislation deal- ing with the disposal of guns; and WHEREAS, a registered letter was sent to the last known owner a'f each of the weapons; and WHEREAS, after a good faith effort to notify the owners of the weapons was made the weapons listed on the schedule attached hereto have remained unclaimed; and WHEREAS, it appearing that the weapons have been abandoned the continued existence of the guns provides the possibility that they may fall into the hands of criminals to the detriment of the City of Denton; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: The Chief of Police provide for the destruction of the wea- pons named in the schedule attached hereto and that he fail not in accomplishing their destruction. PASSED and APPROVED this the 1st day of April, A. D. 1975. BILL N U, MAYOR CITY OF DENTON, TEXAS ATTEST: BRUOKS HO LT, CITY -9 C AR CITY OF DENTON, TEXAS APPROVED'AS TO LEGAL FORM: UL I M, CITY A E$ CITY OF DENTON, TEXAS WEAPONS SEIZED PRIOR TO 1970 DATING BACK TO 1960 Weapon Serial Number Cap and Ball 2982 Hopkins and Allen, cap and ball Merksman .77 cal. air pistol RG 24 .22 rev- 144116 RG 7 rev- 5472 No Brand Name .22 rev. 001826 RG 23 rev- 27409 RG 14 rev- 32930 Imperial Metal Product .22 rev- 45574 RG 38 rev- 7968 RG 23 rev- 30991 Omega .32 rev- 8329 RTS .22 rev- 371971 .45 auto 0779? RG 7 rev- obliterated ;[awes .25 auto- 118720 RTS .32 rev- 33560 EIG .22 rev- 5080 RTS .32 rev- 44625 Senorita .22 r,-v. 17864 RG 10 .22 rev- 964188 RG 10 .22 rev- 81518 EIG .22 blank pistol RG 7 .22 rev- 1206 RG 10 .22 rev. 110420 Iver-Johnson .32 rev. 86505 .22 rev. No Brand Name 104868 RG 10 .22 rev- 8739 RG7 .22 rev- 6182 EIG .22 rev- 381666 Omega .32 rev- 54318 RG 10 .22 rev- 1067614 , RG 7 .22 rev- - 6176 Imperial .22 rev. 14582 RG 10 .22 rev- 95325 RG 10 .22 rev- ------------------------------------592218 RG 10 .22 rev- 808321 Mondial Mod. 999 starter pistol A61512 EIG .22 rev- 48913 RG 10 .22 rev- 1203149 RG 14 .22 rev- 300714 RG 10 .22 rev- 1202326 Titan .25 auto- 53079 Hawes .22 single shot 29809 Omega -22 rev- 73452 Brestia 6.35 (.25) auto- 115640 Plainsman .175 pellet gun 9101447 RG 10 .22 rev- - 921101 (B) .22 rev. 21666 5 Sawed-off shotguns 2 Sawed-off rifles 1 I O Y O O Y O O r Y Y O Y O l N O Y W N %D cio N Y N '.n O O co 1 1 1 1 1 I 1 1 1 1 I I 1 I r N r r r O O N Y O O Y N O W ~D H N N ~D N Y O to 00 1 i 1 1 1 1 1 1 1 I 1 1 1 1 V V V V V V V V V V V V V V W N W Y Y I" W O O W W O O r h! t'* C 9 4 r- co t-4 7 4 -i A •G 0 m •0 w ~ kf M 4 b1 4 0+ A 7 to m m o CL h+ Y d on 0 0 O Y O 47 Y • c n ri N O r) Y O > H h A C1 o- r r+ N o rt 0' tt n 0 O (n IC ~I~/c l k 9 )-A CL n r m n pi rr a rL `G n `G n ~!t r ul fn a w n n f0 `C :r tr to to W ~'O r4 n A ft A`L• W N > a r > h A w R a n G n a w u a x m t't N O a d F W C W 4 c r c x C'. n r co ;o w Dip Y 0 c O a n • o m 4 F. 4 s 7 H N W 0 o N N y y X 0 4 '1 m . ~ G cm ar vla ro +ie Y x►. o o r ca > a It a r+ a o r x m 0 n n Im-' bo Y a s a 0 4 m oo MH v.n O o n o 0 I W a' I Q a o a 03 ro n w `G i vi A~ a E v 7 ID z rt ' K" w • p II..& a go O D n 3 rrt 0 O O ~C O ~ M~ 0 n IL n m 4 . 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W H n O ~ N i0 4~) N W OO W 'd N N O p St• rt p O O 'C3 fti N A O O ri >r p < A p m < < >n • • • F• • !7 ''tltlY Y • • • U N N N N • b • N tp M o s N C C ~+f o n C C M F < p • rt , p > co a O x •v l m A 0 t 'v v Z N co P.-a w :P. ~ O O to ~ lJ1 V N In l,A A W C) O% co N W N co N J O)' 30 W O V N w b H ~D N co V J W 00 ~O lJt N V r W O~ F D co Fir' N t%Dl1 co N W W N O• N O t•1 M t7 N t7 n y n A 0 r o r o Y ~t N H o 0 1•+ o r• m 0 rt aA+ 0 m p m 0 p 0 A 9 •G 'OC 16 A A m a p a co N~ e p A W a GL tp M A. W W a C6 A 07 • H F' A O p :G I . . a. °F -b F ;t ~ . z L . ' ; AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 1ST DAY OF APRIL, A. D. 1975. R E S O L U T I 0 N WHEREAS, the accumulation of rifles and shotguns obtained by the police department of the City of Denton in the course of their criminal investigations has become substantial; and WHEREAS, the rifles and shotguns listed in the attached schedule were accumulated prior to 1970 and the passage of legislation dealing with the disposal of rifles and shotguns; and WHEREAS, a registered letter was sent to the last known owner of each of the weapons; and WHEREAS, after a good faith effort to notify the owners of the weapons was made the weapons listed on the schedule attached hereto have remained unclaimed; and WHEREAS, it appearing that the weapons have been abandoned the continued existence of the rifles and shotguns provides the possibility that they may fall into the hands of criminals to the detriment of the City of Denton; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF D&4TON, TEXAS, THAT: The Chief of Police provide for the sale of such rifles and shotguns named in the schedule attached hereto at a city auction and that he fail not in accomplishing the sale. PASSED and APPROVED this the 1st da►►y// of April, A. D. 1975. BILL NE U, MAYOR CITY OF DENTON, TEXAS ATTZST : BROOKS 00 H L , CITY SECRETARY CITY OF DENTON$ TEXAS APPROVED AS TO LEGAL FORM: 2~~ PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON.$ TEXAS i i r r o n o t~ r t~ r~ o n r o a w r.1 N r o v 1-• rJ t 1 r t t t t 1 1 1 ~ O O O r N tJ O N to O L" 1 rn r w m o tJ P r -%D •iu W r ~ V V V V V ~I V J V V ON ! r t~ r r C7 U O O U co • O ••1 W L. •J1 U to t~ t- tJ W W t t4 t1 r hJ C• s' O t, f~ O G• rt I- fa rr p O • O 0 O • 1, f9 L7 N 1• D tY C] It ri • !J '1 • 7 V~ O~ ? co W & Y O 1+ tf !7 ^ rl rL co 0 Y• 4 n w Y W f+ to of K ti K J :1 N H fJ ! • W w • V. N H t, t t ~~33 P U L7 O H H O b 'i1 % \ H at. t+J cr r :,L• r u O r f " H H c3 b H d M r r? r Yx N K, . 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' 04 o P' n w ro • N O P. f or • r+ x r F+ t~ r t Oo. pp 0 N d H r 1 A O 9 A tt K p O •3~ A ' U ILA ts tog td • H N W b O v p V r0 A tD CP% V co CI i C's O O' O O O O H C ' A n a y . O O # yA A 1 A• N 1 I I 1 1 t • ti X11 r Qql ;f i Y f Von 4 H. W. TOMPKINS Lone Star Gas Company Corporate Firwce 301 S. Harwood Srrser • Dona% Tum 75201 April 10, 1975 City Secretary Denton, Texas Re: Solicitor's Bond No. 5144301, City of Denton Dear Sir: 73nclosed please find the above captioned bond effective )r,pril 14, 1975, for a one-year period. Please let se know if you have any questions. Sincerely, 4H.T Ko ins HSJT/nw Enclosure OATH OF OFFICE Elinor Hughes do solemnly swear (or affirm) that I will faithfully execute the duties of the office of- City Council Member of the City of Denton, Texas, and will to the best of my ability preserve., protect and defend the Constitution and laws of the United States and of this State and the Charter and ordinances of this City; and I furthermore solersnly swear (or affirm) that I have not directly or indirectly paid, offered or promised to pay, contributed'or promised- to.contribute any money, or valuable thing, or promised any public office or employment, as a reward to secure my appoint- ment. So Help He Cod." Subscribed and sworn to befor the undersigned Notary Public on this the day of Q A.D. 19, To c•.rt- ify which witness my hand a d seal of office. ary Public in and for Denton County, Texas \r 9~ r IS Al OATH OF OFFICE Joe Mitchell do solemnly swear (or affirm) that I Will faithfully execute. the duties of the office of City Council M6mber of the City of Denton, Texas, and will to the best of my ability preserve,, protect and defend the Constitution and laws of the United States and of this State and the Charter and ordinances of this City; and I furthermore solemnly swear (or affirm) that I.have not directly or indirectly paid, offered or promised to pay, contributed'or promised • .to.contribute any money, or valuable thing, or -promised any public office or employment, as a reward to secure my appoint- meat. So llelp Me God." Subscribed and sworn to before are the undersigned Notary Public -on this the day of ~ ' A. D. 19 To cert- ify which witness my hand rd seal of office. No Public in and ior.De,iton County, Texas t ti • k 3 s ~ ~ C ~ ~ ~ OATH OF OFFICE Ray Stephens do solemnly swear (or affirm) that I will faithfully execute the duties of the office of City Council. Member of the City of Denton, Texas, and will to the' best of my ability preserve., protect and defend the Constitution and laws of the United States and of this State and the Charter and ordinances of this City; and I furthermore solemnly swear (or affirm) that I have not directly or indirectly paid, offered or promised to pay, contributed'or promised to contribute any money, or valuable thing, or promised any pwblic office or.emplo)-meet, as a reward to secure my appoint- went. So Help Me Cod." Subscribed and sworn to beforo me the undersi&ned terry Public -an this, the ~_day of -wt R.D. 19,25. To cert- ify which w•tt.iess my hand a seal of office. Notary Public in and for Denton County, Texas \ ~ ARM U R L. OWE N GENERAL INSURANCE • LIFE BONDS 1710 Empire Life Building Phone Ricerefde 1-5921 1712 Commerce DALLAS. TEXAS 75201 April By 1975 CITY OF DENTON ENGINEERING DEPT. DENTON) TEXAS I Re: Wardlaw Transport Express, Inc. GA 575 12 BB { Gulf Insurance Company Gentlemen: Please be advised that as of April 20, 1975, the Additional I Insured Clause in your favor will be cancel for the above Named Insured. Thank you. Sincerely, ARTHUR L. OWEN COMPANY, INC. Eddie Dunn. Vice President-Sales Mgr. ED/tm I 1 I~ t ~ C In PERMIT NO. 10027-03 i (Corresponds to NPDES PERMIT NO. TX 0047180 ) This permit supersedes and replaces TEXAS WATER QUALITY BOARD Page 2 (issued October 31, 19E2) and P.O. Box 13246. Gipictfl St.ici( n Page 3 (issued December 30, 1968) of Austin. Tr\as ;8711 Permit No. 10027. PERMIT TO DISPOSE Of IVASTES Wider provisions of Chepter 21 of the Tc\.ia Watcr Gxic City of Denton u whose mailing address is 215 East McKenney Street Denton, Texas 76201 is authorized to dispose of wastes from Pecan Creek Sewage Treatment Plant located approximately three miles east of Denton, and 5,700 feet east of State Highway Loop 288 on Pecan Creek, Denton County, Texas to Pecan Creek; thence to Lake Lewisville .(Garza-Little Elm Reservoir), Segment No. 0823, in the Trinity River Basin in accordance with effluent limitations, monitoring requirements and other conditions set forth herein. This permit is granted subject to the rules of the Board, the laws of the State of Texas, and further orders of the Board issued in accordance with said rules and laws. This permit shall become effective on date of Board approval. This permit and the authorizations contained herein shall expire at midnight, May 27, 1980. APPROVED this 27th day of May , 1975 Joy.. exeeo4-iica~Direc70 r ~,vvVFOr the Bo< d Deputy City of Denton 10027-03 May 27, 1975 Special Conditions 1. Effluent Limitations a. Interim Effluent Limitations During the period beginning upon date of issuance and lasting through date of expiration the permittee is authorized to discharge subject to the following effluent limitations: The arithmetic average of the daily flows of effluent discharged from the wastewater treatment facility for any month shall not exceed 6.0 million gallons per day (mgd). Nor shall the maximum discharge on any given day exceed 12.0 mgd. Effluent Concentrations Effluent Loading Unit of 30-day 7-day 30-day Measurement Average Average Average Biochemical Oxygen BOD5.. 454 kg/day Demand (5-day).... mg/1 20 30 BOD5.. 1001 lbs/day Suspended Solids.. mg/l 20 30 TSS... 454 kg/day TSS... 1001 lbs/day Fecal Cclifurm Bacteria Number/100ml 200 400 The effluent shall contain a chlorine residual of at least 1.0 mg/l after a detention time of at least' 20 minutes (based on peak flow). *b. Final Effluent Limitations During the period Leginning and lasting through the permittee is authorized to discharge subject to the following effluent limitations: The arithmetic average of the.daily flows of effluent discharged from the wastewater treatment facility for any month shall not exceed million gallons per day (mgd). Nor shall the maximum discharge on any given day exceed mgd. *Final Effluent. Limitations are not applicable to this permit. WOB-125 (Rev. 3/26/74) 2 f r City of Denton 10027-03 May 27, 1975 Effluent Concentrations Effluent Loading unit of 30-d.ny 7-clay 30-day Measurement Average Average Average Biochemical Oxygen BODS., kg/day Demand.(5-J3y).... mg/1 BODS.. lbs/day Suspended Solids.. mg/l TSS.. kg/day TSS... lbs/day Fecal Coliform.... Bacteria Number/100ml The effluent shall contain a chlorine r.esidial of at least mg/1 after a detention time of at least minutes (based on peak flow). C. The following definitions apply: tl) The 30-day average, other than for fecal coliform b,-icteria, is the arithmetic mean of the values for all effluent samples collected in a period of 30 consecutive days. The 30-day average for fecal coli- form bacteria is the geometric mean of the values for all effluent samples collected in a period of 30 consecutive days. (2) The 7-day average. other than for fecal coliform bacteria is the arithmetic mean of the values for all effluent samples collected in a period of 7 consecutive days. The 7-day average for fecal coliform bacteria is the geometric mean of the values for all effluent samples collected in a period of 7 consecutive days. (3) A 24-hour compos'te sample consists of several effluent portions collected over equ-Ll.y spaced intervals in a 24-hour period and composited according to flow. For fecal coliform bacteria, a sample consists of one effluent grab portion collected during a 24-hour period at peak loads. d. The pH of the effluent shall not be 1(!ss than 6.0 nor greater than 9.0 at any time. The pH limitation is not subject to averaging. e. An equivalent method of disinfection may be substituted with the prior approval of the permitting authority. f. The permittee shall not discharge floating solids nor shall the discharge of the effluent result in the existence of persistent foam beyond the immediate vicinity of the outfall(s)• *2. Monitoring, Recording and Reporting (See Footnote for Applicable State Requirements) a. Monitoring - The permittee shall e f f or Me'y operation and efficiency of all fr- sfa and the quantity y and q f ent analysis shall be collected ing the last treatment unit, unless special ow ?t* lans are specified under Collecting of Samples below. *This section does not apply to permits issued by the Texas Zdater Quality Board. Until notified by the Texas Water Quality Board to do other- wise. the permittea shall comply with the reporting requirements of Board Order No. 69-1219-1. WQB-125 (Rev. 3/26/74) 4 (2) Monitoring shall be in accordance with Schedule F as folloti•1s: Total 'Settleable Flow BODS Suspended Solids Chlorine N cal m /I Solids, m /1 ml /1 Resid 1 Co]iform The daily fluw One per Ore per One per 0ner On per One cr measured by a weekday weekday weekday d@ W weekday weekday tntalizinmeter _ w k _ Collecting of.Sar'nom-;-`~ c The laboratory test excepting t~,er% .chlorild'residual test and the fecal coliform test shall be made pd24-h~..tomposite samples collected in at least 12 individual pcrnt.Ws. It any sample analysis required i)y the foregoing ronitoring schedule exceeds the effluent liritations specified in Special Ckdition-ilo. 1, the permittee shall report the excursion to the iona%.Pdministrator within three days. The Renienal Administrato Wa Cat-his discretion rea.1.11re additional sampling, ijiCb'r*ng including but not limited to the taking of at reporting or Vo. least oneour-hour composite sample and/or increased frequency of s i'Wy 30-day or 7-day average reported in the required m it 4ngl, oort, which is in excess of the effluent limitation in Special Condition No. 1, shall constitute evidence of v on of such effluent limitation and of this permit. (3) Monitoring information required by this pervirt-Shalf:be summarized monthly and recorded on Discharge Monitoring Report.4o rni EPA 3320-1. b. Reporting - The permittee shall make and maintain records of all information resulting from the moni;.oring activities required by this permit. (1) The permittee shall record for each measurement or sample taken pursuant to the requirements of this permit the following infor- ration: (a) the date, exact place and time of sampling; (b) the dates analyses were -erformed; (c) who performed the analyses; (d) the analytical techniques or methods used; and (e) the results of all required analyses, (f) the instantaneous flow at grab sample collec- tions. (2) If the permittee monitors any parameters more frequently than is required by this permit, he shall include the results of such monitoring in the calculation and reporting of the values required i'h-the Discharge Monitoring Report form (EPA Form 3320-1 (10-72). Such increased frequency shall be indicated on the Discharge, Monitor- ing Report forn. WOB-125 5 (3) The permittee shall retain for a minimum f ee ears all records of monitoring activities and result ~in years 9 all records of calibration and maintenance of inst on and original recording charts from continuous monitorin rumentation. This period of retention shall be extended duri a ourse of any unresolved litigation regarding the discharge ` lutants by the permittee or when requested by the State watAZ,pklution control agency or the R^gional Administrator. C. Report of Monitoring InformatAon..-~,Pionitoring information required shall be submitted on Disc"rgt ~*6nitoring Report forms EPA 3320-1. Each quarterly submi~tal (she next paragraph) shall include separate forms for each *Onth of the reporting period. J ~ I (1) Duplicate on nxl' Discharge Monitoring Report forms, for each month of the repoiNing,1Seriod, properly completed and signed (as per paragraph (c)b6~6w), must be submitted quarterly to: On . ~ (a) cure Director T t Q'Water Quality Board Box 13246, Capitol Sta 'Ostin, 9bxas 78711 ~l Environmental Protectiol-44 y i600 Patterson, Suitp"lly Dallas, Texas 75203ei , • ;j (c) Each submitted.-Dist ge Monitoring Report shall be signed as follows: 4 1 If sub" ittby a corporation, State or Federal agency, or other public entity t/ y a principal executive officer, ranking elected official•,.cox)wanding officer, or other employee duly authorized by principa'l.exea'utive officer. ,~,'2 lf'submitted by a corporation, by a principal executive officer of-gt least the level of Vice President, or his duly authorizes r r~esentative, if such representative is responsible for the ovexall,~ eration of the facility from which the discharge described ~t~re Discharge Monitoring Report originates; 3 If submitted by a partnership, by a ge eliiirtner; ' ` 4 If submitted by a sole propietor, by the proprietor. WQB-125 (Rev. 3/26/74) 6 (3) The permittee shall retain for a minimum f ee years all records of monitoring activities and result ing Alu all records of calibration and maintenance of inst on and original recording charts from continuous monitorin rumentation. This period of retention shall be extended duri a ourse of any unresolved litigation regarding the discharge lutants by the permittee or when reque:;ted by the State waWA;,*lution control agency or the R^gional Hdministrator. c. Report of Monitoring Informs Ion,-~,onitoring information required shall be submitted on Disc"tgd..No'nitoring Report forms EPA 3320-1. Each quarterly submi~'tal (sde next paragraph) shall include separF'_e forms for each *onth of the reporting period. (1) Duplicate oric nxl' Discharge Monitoring Report forms, for each month of the repo fnq,-Oeriod, properly completed and signed (as per paragraph (c)b w), must be submitted quarterly to: (a) cure Director T Water Quality Board Box 13246, Capitol Sta stin, 'kxas 78711 ^ Environmental rrotectiorA y 1600 Patterson, Suit?..'lll Dallas, Texas 7520]e (c) Each submitted.-&scb~ge Monitoring Report shall be signed as follows: 1 If submitt by a corporation, State or Federal agency, or other publi-: entity j/ y a principal executive officer, ranking elected official,.cor+randing officer, or other employee duly authorized by principxl•exedmitive officer. • .i ,.•2 I Csubmitted by a corporation, by a principal executive officer of•At least the level of Vice President, or his duly authorizer resentative, if such representative is responsible eration of the facility from which the discharge for the ovex,all, jIff ,L^4i Discharge Monitoring Report originates; described l-tr 3 If submitted by a partnership, by a ge erl Xrtner; ' 4 If submitted by a sole propietor, by the proprietor. WQB-125 (Rev. 3/26/74) 6 (2) The first Discharge Monitoring Reporall be his permit. submitted within 75 days after the effective d*req Thereafter reporting periods shall end on the y of the months Mach, June, September and December, quested ':y y. The the Regional Administrator to be submitte d entl permitter shall submit a Discharge Moni#ki Report postmarked no later than the twenty-eighth day PU,t4 nth following each completed reporting period. J l c, (3) The minimum and aaximvalues called for on EPA form 3320-1 shall be the loyaest'atid highest daily values determined during the month. (4) Other paasurestients of c,rrgen demand (e.g., TOC and COD) may be substijtvted Utr five-day Biochemical Oxygen Demand (BOD5) .ahere the pe'rmitfee can demonstrate long-1-erm correlation of the method f?kthk Bbb5 values. D=tails of correlation procedures employed m6+t be'~bmitted and prior approval granted by the for this procedire to be acceptable. Data permitting Ot reporte also include evidence to show that the proper corm kt y continues to e%ist after approval. (5) Guidelines establishing test procedures for the ana sis of pollutants, pursuant to Section 304(8) he Federal Water Pollution Control Act, as amended, were pro g- d on October 3, 1973 and published in the Federal R nder Title 40 Part 136, on October 16, 1973. All g and analytical methods used to meet the monitoring requir@¢lent pecified above shall conform to these guidelines. if t le 40 Part 136 guide- ,p a+~ pollutants required to be lines do not specify that procedures monitored by this permit, sampling ~~**tfd` at~►lytical methods used to meet the monitoring requirements specified )tlethis permit shall, unless otherwise specified by the Stae!P.wath'r pollution control agency or Regional Administrator, conXCrti t-the latest edition of the following references: (a) Sin ar• 'Methods for the Examination of Water and Wastewater, Ame `caj-k ublic Health Association, New York, New York 10019. :j A.S.T.M. Stan3ards, Part 23, Water; Atmosp.~eric Analysis an Society -for Testing and Materials, Philadelphia, Peosa%'~i910 3. (c ) Methods for Chemical Analysis of Water and Wastes, En mental Protection Agency Water Quality Office, Analytical Quality Control Laboratory, NERC, Cincinnati, Ohio 45268. 7 S7QB-125 (Rev. 3/26/74) .r4 a' ~ ttee shall ralibra`.e nance~ {ti) The perms WA rocedures on all cnitor inc and ar,akwAttal 'i6st~u~e~tion at P intervals frequent en:.ugh '.c) i:,.u~~'a~ Bracy+~p~ flfeasurements and shall insure that both rllSYatio:t a-fc'a'1'tltenance activities shall 1>e condur7tcd. : - _ vL~ ( Ito suh-mit any report or information required b 61m, p .all ronztir"tite a violation of this condition and a on or Section :08(a) c` tLn Fed^ral water Pollution Control Act of 1472. 3. Nonc-n.;ro3len::n a. r ,c r.; rcns:,:; h -•i Lt is resconsiblc for or contributes to in ur.pernitt^d c i::c~a:•?F, or the permittee does not comply with or will be ::nabs(, to comply with any effluent limita- tion specified in this permit. t permittee shall provide the State F'~t 133' a:- ? a,-! one Rogional Administrator with the followin, iafar- ion _n v•:ltin7 +:itlin five days of becoming aware of such c^n3iti,n: (1) A es :r,tic,', Lr . nn -"-nlying discharge including its impact upon ;.he r--t--,A, ' ir; r s. (2' Cause of noncom;.lianc (3) Antir:ipated time the condition of noncompliance is expected to continue, or if such condition has been corrected, the duration of the period of noncompliance; (4) Steps taken by the permittee to reduce and eliminate the noncomplying discharge; and (5) Steps to be taken by the permittee to prevent recurrence of the condition of noncompliance. b. Permittee shall take all rt~asnnable steps to minimize any adverse impact to navigable waters resulting from noncompliance with any effluent linitatirn sp^-i~;F:d in this permi`. C. Nothing in this permit shall be construed to preclude the institution of any legal action nor relievz the permittee from any responsibilities, liabilities or penalties established pursant to any applicable State law or regulation under authority preserved by Section 510 of the Act. 1 WQB -125 (Rev. A/1; 741 8 4. Compliance schedule and Conditions , a. Facility Operation and Quality Control Compliance Program (1) All waste collection, control, treatment and disposal facilities shall be operated in a manner consistent with the following: (a) At all times, all facilities shall be operated as efficiently as possible and in a manner which will minimize upsets and discharges of excessive pollutants, (b) The permittee shall provide an adequate operating staff which is duly qualified to carry out the operation, maintenance and testing functions required to insure compliance with the condi- tions of this permit. (c) Maintenance of treatment facilities that results in degradation of effluent quality shall be pursuant to s schedule as approved by the Executive Director. No deliberate degradation of effluent quality is authorized under any circumstances without prior written approval of the Executive Director. *(2) The permittee shall submit the following i rmation 90 days from the date of permit issuance to demonstr adequacy of present treatment practices; (a) A schematic drawing of t~treatment units showing flow pattern; flow (maximum anc]Ak and load capacities of each unit; bypass arrangements (awziag,_ 4i t) and point of dis- charge. (b) A loca-t3on itap, air drawing showing the lati longitude of each disvha'ige ppiatt. Identify the receiving and the path of floc( From tj6se streams to a major wate a ;kJ '8esign analysis which descpb4!C~ apability Of the s ,,jj eatment facilities to produce iri q ent which w11 e p•.Titions of this permit throuoo'ut the +_erm of the permit. s is Must identify the effluent . qualit~ that could reasonably cted fron existing facilitie_w with resent loading and pro- j ed future loadings at one-ypat inor"nts. This analysis must also identify any improvemen nea4!44 n staffing, operation, mainte- nance or equipment reply Nmenn tq.Achieve and maintain compliance, the point in time whew 4e. ~p~vements are needed. ` e~~ *Su)•,pa:agraphs ( N '~b) and (c) are conditions placed in NPDES pe znits and ails p icable to this permit issued by the Texas Water Qua Information requested by these subparagraphs are obtain other means. WOB-125 (Rev. 3/26/74) 9 *(3) In order to meet the final effluent at ns set forth in Special Condition l.b, the permittee ply with the following schedule: (a) Not later than 120 days g issuance of this permit, the permittee shall submit W64 s report to the Re- gional Administrator. The report sgiZv'~hclude test results of data collected during a 30-day ri0d$rior to submittal of the report. These test results 11;$`tresent at least one 24-hour composite sample made up 9,4',;t1;r.s,3'portions collected no closer together than one hour, ,.dith':Ot`t first sample collected no earlier than 10:00 a ~,.or-fihVde up as described in Special Con- dition 2.a.(2), wh' ftv, 3's more stringent. (b) a vr than 180 days following issuance of this permit, th 'fie ee shall have completed an operation and main- tenance ooh which provides fo- maximum efficiency of exist- ing fac mod. The permittee shall at this time submit a re- port Regional Administrator demonstrating the improvements co T ff t quality and shall include test results of Aa during a 30-day period prior to bubmittal of port. h~e~test results shall represent at least one 2 posite sample per week during the 30-day period. compo ples shall be made up of at least three portions ngl~le no closer together than one hour, with the first s%,4,te llected no earlier than 10:00 a.:n, or made up as Ate in Special con- dition 2.a.(2) above, whic!,ever is`rat+re:6.5*ngent. Y (c) If the improved, ,operagig and maintenance results in compliance with the finat"efft limitations stated in l.b above, those limitationsewill ome effective and the remainder of this compliance schtdple ~~►311 not apply. However, should construction be requ red t,~ I comply with the final effluent limi- tations in l.b ve following schedule shall apply, pro- vided that, s o fflie permittee apply for and receive Federal grant assist ~*der Title 2 of the Act for facilities con- structio may be conditional on a more stringent schedule, the m gent schedule shall apply: 1 Within 180 days from the date of this permit, an gineering design report must be submitted to the State *Subparagraphs 3(a), (b) and (c) are conditions placed in NPDES permits and are not applicable to this permit issued by the Texas Water Quality Board. WQB-125 (Rev. 3/26/74) 10 water quality control agency and the Regional Admi which describes in deta;.l the facilities needed. The *plan port must be in confo-:,iance with the applicable~a~1M212 for the area, as required under Sections 201,x, 4,~of the Act. 2 Within 270 days f~r6im ,th;' d to of this permit, the permittee shall obtain approval of.-' oposed treatment facil- ities modifications from the~,K**ite .gyp" er quality control agency and the Regional AdministrtrQr ~ 'initiate the engineering de- sign. .J~ 3 Witbin,;?..0 year from the date of this permit, the permitter Jl r*port on the progress of the engineering design. 4 Within 1.5 years from the date of this pe t, tttee shall obtain approval of final plans and c i- c~ on proposed modifications from the State wa co rol agency and the Regional Administration ajW bids related to these plans and specifications. E^ S~ 5 Within 2.0 years frg, e"-4of this permit, the permittee shall report on the ptogrega+ construction. 6 Within 2.5 p@Lrs f'et~ivthe date of this permit, the permittee shall compl6O' t.oljii ction on proposed modifica- tions to obtain at lea~ft s: ary treatment. waeer than July 1, 1977 all construction necessary tai a conditions of this permit shall be com- pleted tonal. Adequate time shall be allowed prior to i ark to incorporate the new facilities int.o total op and verify the production of the required effluent. WQS-125 (Rev. 3/26/74) i 11 General Conditions 1. Discharge Limitations a. All discharges authorized herein shall be consistent with the { terms and conditions of this permit. b. The discharge of any pollutant more frequently than, or at a level in excess of, that identified and authorized by this permit, shall consititute a violation of the terms and conditions of this permit. Such a violation may result in the imposition of civil and/or criminal penaltics! as provided for in Chapter 21 of the Texas Water Code. c. Prior to any facility modifications, additions, and/or expansions that will increase the plant capacity, the permittee shall apply for a permit amendment and receive written approval from the permitting autho- rity of the permit amendment before commencing construction. d. Any change in the facility discharge, including any new signifi- cant discharge or significant changes in the quantity or quality of ex- isting discharges to the treatment system that will result in new or increased discharges of pollutants must be reported to the permitting authority. Modifications to the permit may then be made to reflect any necessary changes in permit conditions, including any necessary effluent limitations for any pollutants not identified and limited herein. In no case are any new connections, increased flows, or significant changes in influent quality permitted that will cause violation of the effluent limitations specified herein. 2. After notice and opportunity for a hearing, this permit may be modi- fied, suspended, or revoked in whole or in part during its term for cause including, but not limited to, the following: 'a. Violation of any terms or conditions of this permit; b. obtaining this permit by misrepresentation or failure to dis- close fully all relevant facts; or c. A change in any condition that requires either a temporary sus- pension or permanent elimination of the permitted discharge. 3. This permit shall be revised or modified in accordance with the following circumstances: a. Modification of Water Quality Standards which affect the condi- tions of this permit. WQB-125 (Rev. 3/26/74) 12 b. If a toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibi- tion) is established under Section 307(a) of the Act for a toxic pol- lutant which is present in the discharge authorized herein and such standard or prohibition is more stringent than any limitation upon such pollutant in this permit. 4. The permittee is hereby notified that the State and/or local govern- ments specifically reserve all rights of entry and inspection granted them by the law. The permittee shall allow the Regional Administrator and/or his authorized representatives, upon the presentation of credentials: a. To enter upon the permittee's premises or other premises under the control of the permittee, where an effluent source is located or in which any records are required to be kept under the terms and conditions of this permit; b. To have access to and copy at reasonable times any records re- quired to be kept under the terms and conditions of this permit; c. To inspect at reasonable times any monitoring equipment or monitoring method required in this permit; d. To sample at reasonable times any discharge of pollutant; or e. To perform at reasonable times an opFration and maintenance inspection of the permitted facility. 5. The i..uance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of p%raonal rights, nor any infringement of Federal, State or local laws or regula- tions; nor does it obviate the necessity of obtaining Federal or local assent required by liw for the permitted discharge. 6. This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the under- taking of any work in any navigable waters. *7. This permit does not authorize or approve any agriculture, silva- culture, or aquaculture project in connection with wastewater reuse. *This is a General Condition placed in NPDES permits and is not appli- cable to this permit issued by the Texas Water Quality Board. In some instances, the Board does authorize and approve waste treatment opera- tions which utilize controlled agriculture and silvaculture projects in conjunction with wastewate: disposal. WOB-125 (Rev. 3/26/74) 13 S. The Executive Director shall from time to time review the terms and conditions of this permit and if in-his opinion changes are juvti- fied, modificE.tion to the permit may then be made in accordance with the appropria4:e regulation procedure to reflect any necessary changes in permit terms or conditions. 9. Solids Disposal Collected screenings, slurries, sludges, and other solids shall be disposed of in such a manner as to prevent entry of those wastes (or runoff from the wastes) into state waters or their tributaries. 10. Electric Power Failure The permittee is responsible for maintaining adequate safeguards to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated ef- fluent. Should the treatment works not include the above capabilities at time of permit issuance, the permittee must furnish within 120 days to the permitting authority, for approval, plans for such facilities and an implementation schedule for their installation. 11. Prohibition of Bypass of Treatment Facilities The diversion or bypass of any discharge from facilities utilized by the permittee to maintain compliance with the terms and condi- tions of this permit is prohibited, except (i) where unavoidable to prevent loss of life or severe property damage, (ii) where excessive storm drainage or runoff would damage any facilities necessary for com- pliance, or (iii) where authorized under a program of preventive or corrective maintenance as approved by the Executive Director of the Texas Water Quality Board. The permittee shall within 72 hours notify the permit issuing authority in writing of each unauthorized diversion or bypass in accordance with the procedure specified for reporting non- compliance. WOB-125 (Rev. 3/26/74) 14 12. Change in Control or Ownership of Facility In the event of any change in control or ownership of facilities from which the authorized discharges emanate, the permittee shall notify the succeeding owner or controller of the existence of this permit by letter, a copy of which shall be forwarded to the State water pollution control agency and the Regional Administrator. 13. Severability of Conditions The conditions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. 14. Except for data determined to be confidential under Rule 115.2 of the current Rules of the Texas Water Quality Board, Section 21.264 of the Texas Water Code, and Section 308 of the Act, all monitoring reports required by this permit shall be available for public inspection at the office of the State water quality control agency and the Regional Admin- istrator. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided in State law. 15. Nothing in this permit shall be construed to preclude the institu- tion of any legal action nor relieve tha permittee from any responsibil- ities, liabilities or penalties established pursuant to any applicable State law or local regulation under authority preserved by Section 510 of the Act. • WQB-125 (Rev. 12/5 /74) 15 City of Denton 10027-03 May 27, 1975 OTHER REQUIRFMENTS i. Interim Erilunnt Lirlitations E,-h pnll~;r:at concentration in grab sample in excess of tlvt, value :shown for such pollutant in Column ? of cable 1 constitutes a violation of the permit. When three, tour, or five consecutive grab samples have been collected at various times on separate days by the same entity, the existence of concen- trations of any specific, pollutant in,more than tuo sampl.- in n:,ccss of the value shown for the spcci fic pc l1Tnt'int .n Column 1 of Tablr, 1 is a violation. Tabie 1 Pollutant Column 1 Column 2 BODS mq/1 35 65 Suspended Solids mg/l 35 65 The foregoing requirements shall be applied with judgment and in the context of the other informa- tion available. b. Each pollutant concentration in a 24-hour composite sample in excess of the value shown for such pol- lutant in Column 1 of Table 2 constitutes a violation of the permit. Table 2 Pollutant Column 1 BODE mg/l 45 Suspended Solids, mg/1 45 WOB-125 (Rrv. 3/2r,'74) 16 City of Denton 10027-03 May 27, 1975 * 2. Final Effluent Limitations a. Each pollutant concentration in a grab sample in excess of the value shown for such pollutant in Column 2 of Table 3 constitutes a violation of the permit. When three, four, or five consecutive grab samples have been collected at various times on separate days by the same entity, the existence of concen- trations of any specific pollutant in more than two samples in excess of the value shown for the speci- fic pollutant in Column 1 of Table 3 is a violation. Table 3 Pollutant Column 1 Column 2 BOD5 mg/l Suspended Solids mg/l The foregoing requirements shall be applied with judgment and in the context of the other relevant information available. b. Each pollutant concentration in a 24-hour composite sample in excess of the values shown for such pol- lutant in Column 1 of Table 4 constitutes a violation of the permit. Table 4 Pollutant Column ] AOD5 mg/1 Suspended,Solids mg11 *Final Effluent Limitations are not applicable to this permit. WQB-125 (Rev. 3/26/74) 17 City of Denton 10027-03 May 27, 1975 3. These public sewerage facilitieu ;hall be operated and maintained by a sewage plant operator holding a valid certificate of competency issued under the direction of the Texas State Health Department as required by Section 20 (a) of Article 4477-1, Vernon's Texas Civil Statutes. 4. The plans and specifications for the waste collection and treatment works associated with the discharge authorized by this permit must be approved pursuant to state law, and failure to secure approval before commencing construction of such works or making a discharge thei.Arom is a violation of this permit and each day of discharge is an additional violation until approval has been secured. 5. This permit is granted subject to the policy of the Bard to encourage the development of area-wide waste collection, treatment and disposal systems. The Board reserves the right to amend this permit in accordance with applicable procedural requirements to require the system covered by this permit to be integrated into an area-wide system, shc,,id such be developed, to require the delivery of the wastes authorized to be collected in, treated by or discharged from said system, to such area-wide system; or to amend this permit in any other particular to effectuate the Board's policy. Such amendments may be made when, in the judgment of the Board, the changes required thereby are advisable for water quality control purposes and are feasible on the basis of waste treatment technology, engineering, financial, and related considerations existing at the time the changes are required, exclusive of the loss of investment in or revenues from any then existing or proposed waste collection, treatment or disposal system. 6. Items stamped N.P.D.E.S. REQUIREMENTS ONLY do not apply to this permit and are retained in this permit to preserve the form and numbering system of a National Pollutant Discharge Elimination System permit. The items stamped N.P.D.E.S. REQUIREMENTS ONLY in this permit were secured from a standard U.S. Environmental Protection Agency permit format existent in Febraary, 1974, and they may or may not be identical to the requirements or conditions of the actual N.P.D.E.S. permit applicable to the facility covered by this permit. It is necessary to examine the issued N.P.D.E.S. permit authorizing discharge to determine the actual N.P.D.E.S. requirements. Sheet B of A,B,C 17 y `.City of Denton 10027-03 May 27, 1975 7. Projected Effluent Limitations it has been determined that in order to maintain Water Quality Standards for the receiving strip.+m identified on the cover sheet of this permit the following shall apply: Effluent Concentrations Effluent Loading Unit of 30-day 7-day 30-day Measurement Average Average Average Biochemical Oxygen BOD5.. 227 kg/day Demand (5-day).... mg/l 10 15 BOD5.. 500 lbs/day Suspended Solids.. mg/l 15 25 TSS... 341 kg/day TSS... 750 lbs/day fecal Coliform Vacteril.......... Number/100ml 200 400 Therefore, immediately upon issuance of this permit the permittee shall commence studies and preparation of plans to attain these limits at the earliest possible date. Prior to expiraticn of this permit, an extensive review of the applicant's progress shall be made by the Texas Water Quality Board. Throughout-the duration of this permit the permittee shall submit a report every six months which outlines progress being made toward attainment of the limitations specified above. S1iAr+: C of A,B,C 10. The term "treatment works" means any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature to implement section 201 of the Act, or necessary to recycle or reuse water at the most economical cost over the estimated life of the works, including intercepting sewers, sewage collection systems, pumping, power, and other equipment, and their appurtenances; extension, improvement, remodeling, additions, and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and eny works, including site acquisition. of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment. 11. The term "grab sample" means an individual sample collected in less than 15 minutes. 12. The term "uncontaminated water" means water which has no direct contact with any product or raw material and which does not contain a level of constituents detectably higher than that of the intake water. 13. The term "permittin,..{ authority" means the State water quality control agency or the Em ironmental Protection Agency, who physically issues the permit. WOB-125 (Rev. 3/26/74) 19 f DEFINITIONS All definitions contained in Section 21.003 of the Texas Water Code and Paragraph 5ri of the Act shall apply to this permit and are incor- porated therein by reference. Additional definitions of words or phrases used in this permit are as follows: 1. The term "Act" means the Federal Water Pollution Control Act, as amended, Public Law 92-500 (33 USC 1251 et seg). 2. The term "Environmental Protection Agency" means the U. S. Environ- mental Protection Agency. 3. The term "Administrator" means the Administrator of the U. S. Environ- mental Protection Agency. 4. The term "Regional Administrator" means one of the Regional Adminis- trators of the U. S. Environmental Protection Agency. 5. The term "National Pollutant Disc,-arge Elimination System" (hereinafter referred to as "NPDES") means the system for issuing, conditioning, and denying permits for the discharge of pollutants from the point sources into the navigable waters, the contiguous zone, and the oceans, by the Administrator of the Environmental Protection Agency pursuant to section 402 of the Federal Water Pollution Control Act, as amended. 6. The term "applicable effluent standards and limitations" means all State and Federal effluent standards and limitations to which a discharge is subject under the Act, including, but not limited to, effluent '.imitations, standards of performance, toxic effluent standards and prohibitions, and pretreatment standards. 7. The term "applica'.)le water quality standards" means all water quality standards to which a discharge is subject under the L 't and which have been (a) approved )r permitted to remain in effect by the Administrator following submission to him pursuant to Section 303(a) of the Act, or (b) promulgated by the Administrator pursuant to section 303(b) or203(c) of the Act. 8. The term "sewage" means human body wastes and the wastes from toilets and other receptacles intended to receive or retain body wastes. 9. The term "sewage sludge" shall mean the solids and precipitates separated from wastewater by unit processes. ' WOB-125 (Rev. 3/26/74) l8 v, s ~ ~ ~b f b" • w Description of a 10-foot wide utility easement in the Eighth Installment of Northwood Addition, an addition to the City of Denton, Texas, recorded in Volume 9, Page 29, Deed Records of Denton County, Texas; said easement being out of Block 8 of said addition and being5.0 feet on each side of a centerline described as follows: BEGINNING, at a point in the Easterly line of Old Orchard Lane, said point being the most Northerly corner of Lot 12 and the most Westerly corner of Lot 13 in said Block 8; THENCE, S 44' 45' 19" E, alorb the com::,n int 1.'ne between seid Lot 12 and Lot 13, a distance of 139.98 feet to the end of said easement in t:e Easterly Boundary Line of said Eighth Installment of Northwood Addition. The foregoing field notes correctly set out the centerline of the utilit; easement herein described. y + REGISTERED PROFESSIONAL INS b E`iCINFE'RS ♦ v A..JY Nay 20, 1975 ~ DF D~ OF pentan un*Is Iled on pM S $ITTE r{ CLERxhis i~snumcnl uA+'n8 CC'i~ S s a "I 00 all Tt l~oietl ~sta~pyp o 5 2 in 8 o1 llK ~ date tnd time ume ° S SIamD~ tiv carded m ~unti,Scs•s o►DO(11% 1~ 1915 w s~ qtnt~ ' 10 A o J y, F ra A } 14 '!Y 13 Id i 9 Sill \ c HARY A IMA. Of). w- ro i~» ~cGJ~✓ - aC~, va 754 PAcE 617, Y ~ BILL OF SALE LO 75 hCE 674' THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON J)EED RECnnDS lr That TEXAS POWER & LIGHT COMPANY, a Texas corporation with its principal offices in Dallas, Dallas County, Texas, hereinafter called "Seller," for and in consideration of Ten Dollars ($10.00) and other good and valuable considerations to it in hand paid by the CITY OF DENTON, a municipal corporation of Denton County, Texas, receipt of which is hereby acknowledged, has granted, sold and delivered, and by these presents does grant, sell and deliver unto the CITY OF DENTON, all those certain el-.:tric distribution lines of Seller, in place, in the City of Denton, Denton Count, Texas, and being 2,621 LBS. of #4 copper, `:08 LBS, of #6 copper, 20846 LBS. of #1/0 ACSR, and 2,743 LBS. of .,44 ACSR primary con- ductors together with all poles, wires, guys, service drops, and all attachments thereto except meters, transformers, capacitors, and reclosers; the property herein sold is more specifically de- scribed in Exhibit A attached hereto and made a part hereof for all purposes. TEXAS POWER & LIGHT COMPANY hereby warrants that the afore- 6raid property is free and clear of all liens and encumbrances, . no. gnu that Seller will warrant title to same. EXECUTED this .4,V sr day of ilY , 1975. t r' , izit "tom@~Ir'! t' t TEXAS POWER & LIGHT COMPANY on, ,lT N LEI a 1 ! 7 I~ -.N~*By Presi ent } •ti < ~i~~pw~ ~~~l~3~~~h! if•.i ~Y, ; r 1. ~ t"~ i c r ..1 ' I Secretary.,, \ lw ,I' J i I'' it .,i)~ V • Ir 1. r x c d. to, Zoo } , f t' r K 1 S~• L 1 THE STATE OF TEXAS X COUNTY OF DALLAS BEFORE ME, the undersigned authority, on this day personally appeared ,~;~~L+✓ , president of TEXAS POWER & LIGHT COMPANY, a corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said TEXAS POWER & LIGHT COMPANY, and that he executed the same as the act of such corporation 'for the purposes and consideration therein expressed, and in the`capacity therein stated. GIVEN UNDER MY HAND AND., SEAL OF OFFICE this '9 "day of 19 7.4 ACA f, . 1 cFy}A,;V,• Jj`X{ Notary F4blic in an o ''',•,,,;pi~,it„=, •,•{~1',,i Dallas'County, Texas vom xew ri", Tans G 1 . f~ 75,qjA~ 7.1. 6 4 i : " , >r s a r e EXHIBIT A ' c • , VOL 756 MUM 1. Co=encing at point, said point being the intersection of the south R.O.W. Of Spencer Rd, and the east ;:.O.W, of Woodrow Ln.; THENCE, south a distance of 370 feet to the intersection of MKT railroad track and the east R.O.W. of Woodrow Ln.; THENCE, south a distance of 110 feet to a point in the east R.O.W. of Woodrow Ln.; THENCE, west a distance of 290 feet, crossiae the Texas Power do Light Compaar Denton Substation, to a 30 foot deadend pole and POINT OF BEGINNING. BEOINNDIG at said POYST OF BEGINNING; THENCE, west a distance of 6,680 feet to an angle pole, said pole located is foot ' east of the rest R.O.W. of Mvrtle St. and 1y.) feet north of the interstction ct the vest R.O.W. of "Is St. and the north intersection of Lindsey St.; THENCE, south-southwest a distance of 3560 feet to an angle pole; THENCE, east a distance of 290 feet, crossing Roaslawn Drive and TV R.R. to an angle pole; THENCE, south a distance of 5080 feet to an angle pole! THENCE, south-southeast a distance of 230 feet crossing II. S. Highvar 377 to a double deadend pole, said pole located ore foot east of the west R.O.K. of M. 1830 and 270 feet south of the intersection of the south R.O.W. of II. S. Higbvmw 377 and the vest R.O.W. of F. M. 1830; 2. Commencing at a point in the vest R.O.W. of F. M. 2181, said point being the intersection of the vest R.O.W. of F. M. 2181 and the south R.O.W. of Hobson Ln.; THENCE, south and east a distance of 3200 feet following the west F•.O.W. of F. X. 2181 to a POINT OF BEGINING* BEGINNING at said POMT OF BEGINNING; THENCE, one foot east to a 35 foot pole and its attached guro said guar extending 30 feet vest; TMKCB, Oast a distance of 2010 feet to intervention poU *A*; TMCB, east a distance of 680 feet to a deadend pole, excluding lateral extending southerly from POINT OF BEGINNING. BEGIN'i3PIND AGAIN at intersection pole "A*; THENCE, north a distance of 1600 feet to an angle pole; THENCE, west a distance of 280 feet to a deadend pole. 3• FEGINKING at a point, said point being located one foot east of the west R.O.W. of Mayhill Road and 80 feet north of the intersectim of the north R.O.W. of lam to Market Road L26 and the vest R.J.W. of Mavhill Road; MKCE, north a distance of 1870 feet to pole RVI TMNCE, north a distance of A,820 feet to a deadend pole, exciudinj latertal extending eaeter4 from pole "B" sad lateral extending easterly and westerly l:wa POINT OF BEGIlQ MS BEGWIM AGAIN at a potato said point being located one foot vest of the east R.O.W. of Mayhill Pload and 10 feet south of the intersection of the east R.O.W. of fthill FbF4 sad south R.O.W. of Fars-to-Market Road 426; Tomas, south a distance of 6,806 feet to a deadend pole. 1WETERR with all laterals connected to the above described lines except the laterals speeifieall,t; excluded in wm*er 3. i • f LL9 39Y4 g~L ion r t \ k v s v \i v3 .ZJ t4 '1! 7 , yy m O 1 J i. ,i ra :r 1 : ~ 01 r }1 Cpl MOO , C114) * po aid 73o c jn q~rA i y91 ~ d .0 [4 up0104l f' c3 ? ut¢1S , ti j ~Y your .Iqu~'' s'~111s 1 Nw"" _ Z6 u0 r 4~ n c,e • r, y44 •F~ vrls a 1•i . ti , . ~y~ .y~ ^,Syl, j 6 t:Jj,' -1 ~.~~f+~ r'YI j^~', li~s :y rid •5 t~+i '.S"~ 5,~. I Tt, 1 yi. , r. •J'l , x'S r . ~ , i . ASSIGNMENT OF EASEMENTS THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON DEED RECORDS ~S That TEXAS POWER & LIGHT COMPANY, a Texas corporation with its principal offices in Dallas, Dallas County, Texas, for and in consideration of Ten Dollars ($20.00) and other good and valuable considerations to it' in hand paid by the CITY OF DENTON, a municipal corporation of Denton County, Texas, receipt of which is hereby acknowledged, has sold, assigned and transferred, and by these presents does sell, assign and transfer unto the CITY OF DENTON, its successors and assigns, all those certain easements covering lands in the CITY OF DEN9'ON, Denton County, Texas, more specifically described in Exhibit A, attached hereto and made a part hereof for all purposes; said easements being described in Exhibit A by Name of Grantor, Texas Power & Light Company Easement' No., Date of Easement, and Volume and page where recorded in the Deed Records of Denton County, Texas. TO HAVE AND TO HOLD the above described easements and rights,' unto the CITY OF DENTON, its successors ,ind assigas, according to. the terms of the respective eaceraent instruments; and TEXAS POWER is LIGHT CUMPANY;does`.hereby bind `itself, its successors and assigns, to warrant and forever defend all and singular the above "easements and rights unto the CITY OF DENTON, its successors and assign i3, against every person whomsoever lawfully, claining, or to claim the same, or any part thereof, by, through or under it, but -not•otrerwise, i,,'% EXECUTED this sr day of /LAY , 1975. : ~4~";t '}'kpp ±r~'•,'.. TEXAS POWER & GHT OOMPANY f a E ; a } By President M' 'fir r~ si 3f [iF,~ ~i eretRrq ' AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 15TH DAY OF APRIL, A, D. 1975. THE STATE OF TEXAS I COUNTY OF DENTON Y RESOLUTION IN APPRECIATION CITY OF DENTON ( OF MORRIS KIBLER WHEREAS, on behat6 o6 the people o6 the City o6 Denton, Texas, fhe MayoA and City Council de4iAe to pubticty expaess theia sineeae gaatitude to Mm4iz Ki,btea boa his vatu- abte pubtic zenv.ice as a membea o6 the City Council 6-tom June, 1972 until his teem expired in ApAit, 1975; and WHEREAS, MoaAiz KibteA, has un4et6-cshty eontAibuted his time and e66oAt in an outstanding and exemplary riannea while 4eaving as a membea o6 the City Counact; and WHEREAS, MoAA,iz KibteA, has eontinuatly AepAesented the citizens o6 Denton in a bait, impaAtial and eon4ide4ate manneA, always open, aeeeptive and sensitive to the needs and comments o6 his constituents; and WHEREAS, the MayoA and City Couneit de4iae to pubtiety Aeeog- nize MA. KibteA 6oA the valuable insight4 eontAibuted by him in the a66aiAs o6 our paogessive community to- waad its continued development and gaowth; now, theAe- 6oae, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTO,V, TEXAS: that the zinceae and waam appaeciation o6 this Council be extended to the said MoAAis KibteA on behat6 06 att o6 out citizens o6 out community who have appaecLated the time and e66o4t expended unset6ishty by him in theiA behat6, and that the City 06 Denton, Texas does heaeby o66iccatty and s.incehety wish him continued success in att 6utuAe endeavoas; and BE IT FURTHER RESOLVED, that in appaeciation of unset6ish 4eav.ice extended by the Honoaable MoAAis KibteA, tet this Rebotution be JoAmalty conveyed to him in a peAmanent manners by caus- ing this Re4otuti.on to be taanseaibed into the official rinute4 o6 the City o6 Denton, Texas, and 6oawaA ng to him a taue copy heAeo6. PASSED and APPROVED this the 15th day o6 Apail A. D. 19710. M At CITY OF DEN , TE ATTEST': li~~ /~loe~ ' CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: ' CO. 4 gdo PAUL C.- ISKANO C11Y Al CITE OF DENTON, TEXAS 7C a yy~ 0 M 0 7 ~ HH 7C M x H !rA M b H O x • It r; * Y I~ , a. ,y I t - y 1 kt C ~ ` Cf~aTa.i.~. t L• ? Nk f.r'-• e.~T (y~yr ry Y ~ ,z ~t,5`~~/~. iw tiR ~ f.fi~ ~"i-::Stl„~ti ??'L'$~it'~Ra`~-t'~~r'•~.i.} i' r AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DEN TON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 15TH DAY OF APRIL, A. D. 1975. THE STATE OF TEXAS I COUNTY OF DENTON I RESOLUTION IN APPRECIATION C6FTY OF DENTON { OF BILL NEU WHEREAS, the Coune<t o6 the City oS Denton .is to6ing one o6 .its most valued member6, 3itt Neu, who was eteeted thereto in Ap,%it, 1969, and served on said Councit. unt.it ApA1t, 1975; and WHEREAS, B.itt Neu, has atway6 served above and beyond the mere eS6icient di6eha,tge o6 his duties in promoting the wet6are and paoape,t-Lty os the City, and has earned the butt respect and adrniAat.ion o6 h.i.6 6ub- ord<nate6 and 6ettow Counettmen; and WHEREAS, Bitt Neu, ha6 been very active a6 a members o6 this Councit, which etected him Mayon o6 the City o6 Denton in Ap,%it o$ 1972, which o66ice continued un- tit ApAit, 1975, indicating the eateem this Council. hotd6 bon him; and WHEREAS, the City o6 Denton ha6 been extremety 6ortunate in having enjoyed the dedicated and outstanding services o Mayo& Neu boa the 6everat years he ha6 been with t e City, and ahatt continue to aoti sit hie 6uture counset, aehv.iceb, and support which we know witt be 6oathcoming; THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: that the sincere and warm kppreciation 6oA Bitt Neu, 6ett by the citizen/ and o66icera o6 the City o6 Denton, be 6ormatty conveyed to him in a permanent manners by eaua ing thin Reaotution to be tnanscni.bed into the o6bieiat minutes o6 the City o6 Denton, Texas, and 6orwarding to him a true copy he4eo6; and BE IT FURTHER RESOLVED, that the City o6 Denton does hereby ok6ieiatty and sineerety extend .its beat wcahes to t e Honorabte Bitt Neu, 6oA a tong and s ucceas6ut careen as a mem- beA o6 oaA community, and as a civic teader. PASSED and APPROVED this the 15th day o6 Aptit, A. D. 1975. CITY OF DENT ' VAS ATTEST) ,~er UR09AS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: PAUL C. ISFAM, I ATTORNEY CITY OF DENTON, TEXAS k 0 N o ~ z H t'' O H r ~ z z ~ ~n H H H O z } Y1,=1 t .7[,[ J :~•-j• J - ~]r t v i.~ i[ Y 4' 7l Y r .3 a: i . ~ .tit i TvF 'ak r ` / i 7e % ,t~•f~^.lirif..AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON$ TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 15TH DAY OF APRIL, A. D. 1975. THE STATE OF TEXAS 1 COUNTY OF DENTON 1 RESOLUTION IN APPRECIATION CITY OF DENTON 1 OF L. A. NELSON WHEREAS, on behats o6 the people os the City o6 Denton, Texas, the Mayor and City Council desire to pubticty express their sineene gratitude to L. A. Nelson got his valu- able public service as a member o6 the City Council Srom July, 1974 until his term expired in April, 1975; and WHEREAS, L. A. Nelson has unselsishly contributed his time and escort in an outstanding and exemplary manners while serving as a member oS the City Council; and WHEREAS, L. A. Nelson has continually represented the citizens o6 Denton in a Sain, impartial and eonsidenate manner, always open, receptive and sensitive to the needs and comments o6 his constituents; and WHErZEAS, the Mayon and City Council desire to publicly recog- nize Mr. Nelson Son the valuable insights contributed by him in the assains of our progessive community to- ward its continued deve opment and growth; now, there- bore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: that the sincere and warm appneaiation o this Council be extended to the said L. A. Nelson on tehalb of all o~ our citizens o6 our community who have appreciated t e time and escort expended unsetsislity by him in their behals, and that the City ob Denton, Texas does hereby o66ieially and sincerely wish him continued success in all Suture endeavors; and BE IT FURTHER RESOLVED, that in appreciation os unselbish service extended by the Honorable L. A. Nelson, let this Resolution be formally conveyed to him in a permanent manner by eaus- <ng this Resolution to be tnanseribed into the obsicial minutes ob the City ob Denton, Texas, and Sorwarding to him a true copy hereon. PASSED and APPROVED this the 15th day ob April, A. D. 1975, MAYOR' CITY OF DEN , TEX ATTEST: s~ CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORK: .A~- 6. a"c== PAUL C. ISHAMO CITY OF DENTON, TEXAS ~j ~d V~ ~Y AVM r r ~ a x° ~ z ~ ~ o ro z ~ yA F~ O z ;a i;' { r. t;5t ~ i L .i ~.1 CITY OF DENTON TAX ADJUSTMENTS FOR THE MONTH OF APRIL, 1975 Personal Property Automobiles $ 494,60 Real Estate $ 61,37 Business Personal $ 5,55 Mobile Homes $ 27,20 Supplemental 25.33 $ 614.05 Hugh Mixon Tax Assessor-Collector City of Denton, Texas ' C I T Y O F D F N T 0 N T A X A D J U S T 11 E N T S FOR THE MONTH OF APRIL Personal Property Automobiles ACCOUNT ZiALSC N1Rr BLR YEAR VALUE TAX REASON J.B.Beard 9999-03325 1974 $ 610 $ 11.56 Did not own Jan.l Robert E.Allen,Jr. 9999-00760 1974 460 7.82 Outside Sharon Allen 9999-00930 1974 120 2.04 Outside M.H.Berkeley 9999-26660 1974 760 12.92 Unable to locate Barbara Jo Cox 9999-10945 1974 760 12.92 Unable to locate James Cox 9999-10980 1974 200 3.40 Did not own Jan.1 Arnett Duncan 9999-13740 1974 180 3.06 Did not own Jan.l Martha Dyal 9999-13995 1974 830 14.11 Outside Paul W.Foster 9999-16340 1974 650 11.05 Outside James L.Franklin 9999-16665 1974 11890 32.13 Did not own Jan.l Herbert J.Gibson 9999-18320 1974 500 8.50 Outside Belva J.Gibson 9999-18335 1974 400 6.80 Outside .Henry Gravley 9999-19375 1974 460 7.82 Did not own Jan.l John E.Jenkins 9999-25730 1974 600 10.20 Did not own Jan.l L.L.Larue 9999-28880 1974 4 1,520 25.84 Did not own Jan.l Edward E.Lord 9999-30230 1974 840 14.28 Did not ovn Jan.l Mark McCaaland 9999-32535 1974 690 11.73 Did not own Jan.l Mra.Frenk Moore 9999-35115 1974 350 5.95 Adjustment on size Tommy Myers 9999-36050 1974 340 5.78 Wrong year Geo.D.Owens 9999-37600 1974 680 11.56 Did not own Jan.l James D.Pearce 9999-38530 1974 300 5.10 Did not oo*n Jan.l Wm.N.Plumb 9999-39555 1974 600 10.20 Did not own Jan.l ACCOUNT N. fE NUMBER REAR VALUE SAX MASON Charles Ra,ey 9999-40805 1974 $ 780 $ 13.26 Did not own Jar..l Russell Ruffu 9999-43130 1974 650 11.05 Outside Kenneth A.Rutter 9999-43265 1974 940 15.98 Did Pot own Jan.l Tom Spencer 9999-47165 1974 500 8.50 Did not owl Jan.l Thompson Precision 9999-49755 1974 460 7.82 Did not own Jan.l D.D.Tonn 9999-50300 1974 940 15.98 Outside James L.Walden 9999-51640 1974 940 15.98 Outside M.M.Zughaibi 9999-55750 1974 340 5.78 Unable to locate Phillip J.Dawson 9999-14210 1973 100 1.70 Unable to locate Thomas Jester 9999-28265 1973 160 2.72 Unable to locate Robert F.Lroy 9999-33655 1973 400 6.80 Unable to locate .John Morgan 9999-38960 1973 500 8.50 Unable to locate T.H.Sauls 9999-48090 1973 520 8.84 Outside H.D.Zimmerman 9999-60935 1973 340 5.78 Unable to locate H.D.Zimmerman 9999-60940 1973 340 5.78 Unable to locate M.M.Zuighsibi 9999-60950 .1973 520 8.84. Unable to locate M.M.Zuighatbi 9999-49340 1972 650 11.05 Unable to locate Adona Lusby 9999-26600 1971 460 7.82 Unable to locate Adona Lusby 9999-26660 1970 540 8.10 Unable to locate M.E.Malone 9999-29520 1968 340 5.10 Too old M.E.Malone 9999-29525 1968 760 11040 Too old M.E.Malone 9999-29540 1968 1,310 19.65 Too old James L.Franklin 9999-01460 1966 860 12.90 Did not own Jan.l B.H.Bourland 9999-00527 1965 10370 -20.55 Too old B.H.Bourland 9999-00529 1964 340 5.10 Too old B.H.Aourland 9999-528 1963 340 5.10 Too old Hattie Franklin 9999-01454 1962 650 9.75 Too old C I T Y O F D E 14 T 0 N T A X A D J U S T M E N T S FOR VIE MONTH OF APRIL REAL ESTATE ACCOMdT NAME NUJREP. YEAR VALUE 'TAX REASON Hilliard Williams 3510-00800 1973 $ 610 $10.37 Late Homestead Laura Enlow 7620-01600 1974 $3,000 $51.00 Late Homestead • R C I T Y O F D E N T 0 N T A X A D J U S T M E N T S FOR THE MONTH APRIL BUSINESS PERSONAL ACCOUNT T NUMBER YEAR VALUE. TAX REASON Cicero Murdock 9120-00510 1969 $200 $3.00 Out of Business Rowlett & Nolte 9180-03505' 1971 $150 $2.55 Unable to locate ' t • Y'T Y O F b E t, T 0 N T A X A D J UST M E N T S POR THE MONTH OF APRIL MOBILE MI ES CCQLTt~T p~ Sr,16FR YEAR VALUE TAX -REASON Bob Simmons 9500-00705 1971 $12600 $27.20 Unable to locate 06 CITY OF DENTON SUPPLEMENT TAX ROLL FOR THE MONTH OF APRILS 1975 NAME ACCOUNT DATE DESCRIPTION VALUE TAX Lyle, Wm,H. 9999-30617 4/8/75 '72 Capri 550 9.35 Smith, Ethel F. 9999-46261 4/8/75 '72 Comet 400 6.80. Brenstad, Homer 9999-06117 418/75 '72 Internst'l 540 9.18 r. k ..9 1 ry -4 . ~ ~ ~~1 i + Lone Star Gas Company GARNET GILBIRT DIVISION Of DISTPJMON EMrrki Manoger 319 West Oak Street Denton, Texas 76201 April 7, 1975 Kr e Jim White City Manager City of Denton Denton, Texas Dear Mr* Wbi to s An it is Lone Star Gas Cogmy's desire to keep the City of Denton informed of changes in our operating procedures, tiro wish to inform you of the revised air conditioning service charge that we plan to place into effect iso*ftately in the City of Denton> Uniform rate of $17.50 per hour, day or night, seven days a week, with a ainiw= charge of $17e50e Additional time required will be charged at this rate in quarter hour increments. There will be no charge for a helper or any other person. As you are aware, the present rate for service performed during regular hours is $13.50 per hour, with a one hour minianae The rate for service performed after hours is $19*00 per hoar, with a one hoar miniaom. these rates do not include the coat of a helper when required. If additional clarification is desired, please advise. Tours truly, A44ta , &a4-t Garnet Gilbert r , s y tl n • O ~ o _ ' ~ • SM yL4- J ` Q% t; ~ ~ r o . ~ i DEED RECORDS Vol 742 F'Au 349 r THE STATE OF TEXAS, IMW ALL MEN BY THESE PRESENTS: j COUNTY OF DENTON i i` THAT CHARLES KENNETH KEESE, ET UX 6285 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 Lent on, Texas receipt of which is hereby acknowledged, do by k I ~ j these presents grant, bargain, sell and convey unto to the City of Denton. Texas, the free 1 and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, j II owned by us . Situated in Denton County, Texas, in the I Meisenheimer Survey, Abstract No. 811 All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the Meisenheimer Survey, Abstract No. 811, and also being part of a tract of land as conveyed from A. G. Schoppaul and David Schoppaul to Charles Kennet Keese, et ux by deed dated April 3, 1975, and recorded in Volume 740, Page 361 of the Deed Records of Denton County, Texas, and more particularly described as follows: BEGINNING at a point 166,33 feet west of the west right-of-way line of North Elm (Highway 77 Business Route), said point of beginning also being the northwest corner of a tract of land conveyed from A. G. Schoppaul and David Schoppaul to Richard H. Cook, et ux dated April 3, 1975, recorded in Volume 740, Page 367 in the Deed Records of Denton County, Texas, and the southwest corner of said Keese Tract; THENCE north along the west boundary line of said tract a distance of 2.65 feet to a point in the west boundary line of said tract for a corner; THENCE east 1.65 feet north of and parallel the south boundary line of sai tract a distance of 16 feet to a point for a corner; THENCE south 16 feet east of and parallel to the west boundary line of sai tract a distance of 1.65 feet to a joint in the south boundary line of sai tract and north boundary line of Schoppaul to Cook Tract for a corner; THENCE west along the south boundary line of said tract and north boundary line of Schoppaul to Cook Tract a distance of 16 feet to the southwest cor- ner of said tract and Schoppaul to Cook Tract to the place of beginning, and containing 26.40 square feet of land, more or less. 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 fences, buildings and other obstructions as may now be found upon said property. For the purpose of constructing, installing, repairing and perpetually main- taining 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. Witness Our hand , this the day offril , A. D. 1875 . V.14 A, e_ MRS. CHARLES KENNETH KEESE SINGLE ACKNOWLEDGMENT vex 742 act 351 THE STATE OF TEXAS, BEFORE DIE, the undersigned authority, COUNTY OF J 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 consileration therein expressed. GIVEN UNDER 3IY HAND AND SEAL. OF OFFICE, This day of A. 1). 19 (L.S• ) Notary Public, _ County, Texas .sly Commission Expires June 1, 19. JOINT ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF DENTON BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared Charles Kenneth Keese and _ ___Mrs.__Charles Kenneth Keese his wife, both known to me to be the persons whose names aTe subscribed to the foregoing instrument, and acknowledged to me that they enih executed the same for the purposes and consideration therein expressed, and the said. iIrs. Charles Kenneth Keese - wife of the said Charles Kenneth Keese having been ezaritih'e''$~ n~ privily and apart from her husband, and having the same fully explained to her, she, the said tM3,; llrles Kenneth Keese ....acknowledged such instrument to be her act and deed - a~e decl9r.tfnt she had willingly signed the same for the purposes and consideration therein expressed, and that -,wa.he did )311 vis►, to fstract it. t --qI}}Jrri+i Utgg R MY HAND AND SEAL OF OFFICE, This._ day of.-A-r-iI A.D. 1975_. 4. = Notary Public, - ant On ---.-.-.County, Texas ent ~ My Commission Expires June 1, 1975--- WIFE'S SEPARATE ACKNOWLEDGMENT Ak S'YA E OF TEXAS, BEFORE ME• the undersigned authority, COUNTY OF__..__.__ ..._....I in and for said County, Texas, on this day personally appeared....... - wife of - - _ known to me to be the person whose name is subscribed to the foregoing Instrument, and having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said _.__-........._....''she' _ acknowledged such instrument to be her act and deed, and shs declared that had willingly signed tha 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,This day of--l-11- A.D. 19 (L S) Notary Public, County, Texas My Commission Expires June 1, 19-....- CLERK'S CERTIFICATE THE STATE OF TEXAS, COUNTY OF_ Clerk of the County Court of said County, do hereby certify that the foregoing instru*t I € 'ling dated on the ...-..day of...._..... A. D. 19-........ . with its Certificate utrp*#ttn, was fil r record in my office on the.............. _ -day of A. D. 19._..11 at 9 4 1ilf . M., a ly s= reeorded thin. ._.._..day of A. D. 19....... at . f S mVC1Ij........ M. e _..-......__-_-_.._...-_........_--._.._...-.-.Records of said County, in Volume. 5 E J.....0.._-. WITNESS MY HAND ANT' LOP THE COUNTY COURT of said Count at office the day and year list above written c u un ii County Clerk tS ezas (L s) By_ ........7. , putt' m HI i i N ..J1'i}' ~ NOr0XV i eS W Q A ,4 Z, ENO ~ vWi; v? 4 PS i~ tly 2 ~~d CT a ~ I C E-4; 0 i VI i i O i 1 ~ c y ~ ' ~ ~ i ~ ri'• ff ~ o E _ .r`.. va 742 • Ir' 11! I'\klll~''-111!I~i/' `MI"~~~' ~Ik\llllr P~ 350 r • I h!a .ktt:f, 1:.{. .d. "I' a , ut I,,) a' .1 7.. It i L I • . •l 1 .'trl~ttr I,, 1 .1 Per (o n I, Jr..lit•~•1 CIf~ l 1J 41 6 n 1 Meisen i ia7c{r w w r. A--61) UL rt to 45 ,rt., A, 1.. tYJ ♦ H ,.I•• t i J ,i ,ii ~ t 1•~MA Ir~r.i If ra.~fd! t pe n'}on C0 r • Mil. T A. (~~r~a v~ 36-4' ± EnrGiPO,I~yMENT I it • 6 Otto t Dot I C°t9 0>a Y this dpC ooh Cc Vort4,OUO b N tv~~ ~yR"- -able ~OT6 rg A a r IN I f ~ ta' 1 f r a It t : ~ _ . ~ r k J e ~ 1, hf f 3 f A.D. b. if, . t1D..ts. Ttrr • 6W. 2 s i ~ f„fl !~O aci( 1ff,.~t { If i.artfa a itlk' } '!t!. 1 (lFt flf r.~.tttt ~t ,ftlt( ~ • ? ; • v~ r, ~r~ % F.j11aPa V.•1, dIF ti-,i f! r r , i t l,. ~afl~ t'Ytf~ Klt~la~tf!~ l') IhC l`1if ~ . ~ i~:\ f '}yh,~s,iffr ;1 "Ira f'vfi :I :nfyff iijc'Ifftt. ~f~i\slhl~lr.'iIl,iullar rtm nl3 S Ell t i.. C fr (1 q i, i ft. = tT ra.I } X14 SCa 11.1, Iri'1 tOl Rllf~: .f~ TIM1fhf ~ttl7~r• - ii !11' 1rr li 17> ♦ f ~ Il n~yr if,iPh O/la} rtE •]/fa• .1/7"t7 la tM)r n ( }rrI tr F(tli t,, ,1 l tt 1~ `1fI ~Ki fMt1 Kilt` { rEi~' Q►1C1S.j•E~' r,. L~. r , t _ t 01 0111 4~ f 'L.~`1ar 71=s\llnl r}1hRllntN r'.. r, f,.: I u Lei l hi ► `slf~ l~lF~.1 t t!!,J Z)..,# ' tt , 1 DEED RECORDS VOL 742 eat 346 E THE STATE OF TEXAS, KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON THAT RICHARD H. COOK, ET UX 6284 of Denton County, Texas , in consideration of the sum of j -------ONE DOLLAR ($1.00) and other good and valuable consideration j 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 , f and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following i described property, j owned by us . Situated in Denton County, Texas, in the Meisenheimer Survey, Abstract No. 811 All that certain lot, tract or parcel of land lying and being situated in i' the City and Ccunty of Denton, State of Texas, and being part of the Meisenheimer Survey, Abstract No. 811, and also being part of a tract of land as conveyed from A. G. Schoppaul and David Schoppaul to Richard H. Cook, et ux by deed dated April 3, 1975 and recorded in Volume 740, Page 367 of the Deed Records of Denton County, Texas, and more particularly described as follows: BEGINNING at a point 166.33 feet west of the west right-of-way line of North Elm (Highway 77 Business Route), said point of beginning also being the southwest corner of a tract of land conveyed from A. G. Schoppaul and David Schoppaul to Charles K. Keese and wife dated April 3, 1975 recorded in Volume 740, Page 361 in the Deed Records of Denton County, Texas, and the northwest corner of above said tract; THENCE east along north boundary of said tract, and south boundary of Schoppaul to Keese Tract a distance of 16 feet to a point for a corner; THENCE south 16 feet east of and parallel the west boundary line of said tract a distance of 14.35 feet to a point for a corner; THENCE west 14.35 feet south of and parallel the north boundary line of said tract and south boundary line of Schoppaul to Keese Tract, a distance of 16 feet to a point in the west boundary line of said tract for a corner THENCE north along the west boundary line of said tract a distance of 14.3 feet to the northwest corner of said tract to the place of beginning and containing 229.6 square feet of land, more or less. 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 fences, buildings and other obstructions as may now be found upon said property. For the purpose of constructing, installing, repairing and perpetually main- taining 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 utilites, 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. Witnew our hand , this the day of Apr , A 19 75 :cs SINGLE ACKNOWLEDGJIENT va 742 PAu 348 THE STATE OF TEXAS, BEFORE DIE, 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 Notary- Public, County, Texas Dly Commission Expires June 1, 19 JOINT ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF DENTON BEFORE DBE, the undersigned authority, in and for said County, Texas, on this day personally appeared_ . . Richard H.__Cook.. - and..... _Mrs. _Richard H ---Cook----- his wife, both knotirn 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 - Cook Richard H. 1!~F'ti'~~ _t CI1rd- H..- wife of the said Cook - - having been exa ;",by'me kq&ifk4and apart from her husband, and having the same fully explained to her, she, the said T ; M1~b~~n diehard H. Cook _ acknowledged such instrument to be her act and deed kfag she declared !hail C. had willingly signed the same for the purposes and consideration therein expressed, and that t, ta'aid riot wish to ret~cf it. 11' GIVEN UNDMMF_Y HAND AND SEAL OF OFFICE.`, This.~~ ~%_dry of_.~APril , A.D. 19__75 _06 46 J'•' Notary Public, De ton County, Tessa VF DI oc. ,,11j„ My Commission Expires June 1, 191.5- WIFE'S SEPARATE ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF..-. BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared - - wife of . known to me to be the person whose name is subscribed to the foregoing instrument, and having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said . _ "e ""as - acknowledged such instrument to be her act and deed, and she declared that she has willingly signed the acme for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF of A.D. 19...... (L.S.) Notary Public, Texas Hy Commission Expires June 1, CLERK'S CERTIFICATE THE STATE OF TEXAS, L ...........i-..••............. County COUNTY OF........... Clerk of the County Court of said County, do hereby certify that the foregolryg inat of writing dated on the % day of , A. D. 19------ _ , with its Cl4ka t,tY~thentication, was tiled for record in my office on the day of............................................ , A. D. 1944 fa !vAf~ of a? ~1?b k[, and duly recorded this day of A. D. 19........E lk ' the ........_....................-.....Records of said County, in Volnme..'.Iyss Ig'*egUP f ?!r WITNESS UY' HAND AND SEAL OF THE COUNTY COURT of ty, at o n. ww]~..'~k ~rrT ~dai ~RkO 9~5,~ the day and year last tel. !fhb, °e.C....~ ♦ _ _ County Clerk...... ...,.........County, Texas. (L 8) By 0141~ O Deputy. v . . i rd l~ j AUK :A I I j i Q 4 V w w U W H i O r{ i i 1 r. U i W 9 U 0: OW 01 J rI i i V f 1~ O 6 ~1 E A' ~ A G t I Y~ W A! i P4 ~ f A x i ~ ~ E ~ ~ 8 Q G {1 , is '2` } 0 .w_ ►VOl 742 347 1~~ ,1I I•,~,,, ,~Ifl.,, ~~.,.,,~,I. .I N~(rll PACE ti I rn S~, It I . rhr D cn ton I, li lr.. u!cr(N 00 Neisenh i,aicr , a► r, A-s1! ve I'1 i O n 5s, I DJJ 50 1'~ I~,'r•; kr..•rJ. D Q r1 T o n C n✓ rr }-,I Mrf. T A. Genova `io'-"~~o'-. !6s' Ens JG~.33 ' t~~ I ~ ~ E/yG ~PDACif'MENr ~ ' 1 ' i .O I 1 County C1erY's Yeao: portions of this document not ap rnrAucibla fbea worded M 3 k 16 _ - - _ y f1Y`l Arc. 11 • sal ~='.~irr A ti ' y 0 ~ ~ is • ~ ~,9 ti /F 1~,, t ~ rrt .47 AA). war "W w 1131,110 Cft D11,11,614. T"40 Fly, V AN a.... 1f~ Met V4 i t I fl/ ~ o + A N /4/>art •1 't .t. rn I r.l t . tt •,❑rt<pl it r.•P • f [hr In jt'ri. r'IArr t 11 .iS.I~H .l'yf~rr. A.//~ `t171"iJ/1 t 9'Y' . 1 Il I I (-1 i1 .✓,I [ A%Illdx Jlt,1 the flit riii~ e ti is u(~dr1' ♦ ~ • v It r•lr $.,p S 1i P<41 t'11~ies the t,. 1 . { A rl 1 f' 1L1 r l If Df l".i ~ ~ yl L rr,' `~1• - •~SSf, ' n ,V/ d.•, +t f ^~1 1F Ir•5 t'np rt 7,~t l ' «Q 11 a ¢~}11ill~MltS,1(0A IItit F~It 'Lrt:1Ilk1~ 11PP OIKI[S1(1\S.I~f11`~:~QNe,,.5TEIP 41 •f rid % I3o r _ ~Y'!'. 5 •.d~I ,t 1',V(r'~a't11i~ i. S < to . I/ Myy `'IY '•i I- I (t 'I :\(5~ 1 }~'Irfd~l. .1.. L1~• IP~~'±,~~~.1:~~~1.~.'.~>>,A(Ir,l.li~ti,.l,~f~ (~~.~~(1~S~j~E ~,1~, t :L _ t"N , a .fit. is'" 15 . y., ,I . J. 51 ~1 s iyt, .1 J}'•~ 41 C- :CN-QUIT CLAIM P1:I:15. !1'TSN 9tatk~`f Ur14a _y . THE STATE il+. , OF lr n,i',Y1~--- _ 11111) ft[CC:iGS YOl 1'lIGE U~ f 1 COUUN'ON S, l KNOW ALL MEN 131' THESE PRESENTS: i NI T'Y OF DENTON J That the City of Denton, Texas, a Municipal Corporation 5'731 of the County of Denton and State of 'T'exas , for and in consideration of the sum of G ~ ------------TEN AND N01100 DOLLARS, ; to it in hand paid by Wilburn Pearson f of the County of Denton and State of Texas , the receipt of which i is hereby acknowledged, do, by these presents, BARGAIN, SPILL, RELEASE, AND FOREVER QUIT CLAIBF unto the said Wilburn Pearson his heirs and 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, to-wit: All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the J. McGowan Survey, Abstract No. 797, and being part of Lot No. 22, Block I9, of the Southridge Addition, as recorded in Volume 3, Page 31 of the Plat Records of Denton County, Texas, and more particularly described as follows: BEING a 16-foot easement along the north line of said Lot 22, Block 19 of the Southridge Addition, said easement being 135.22 feet in length and containing 21163 square feet of land, more or less. TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privi- 'leges and appurtenances thereto in any manner belonging unto the said Wilburn Pearson his heirs and assigns, forever, so that neither the said City of Denton, Texas, its successors nor Ad=;H acx any person or persons claiming under it shall, at any time hereafter, have, elaim or demand any right or title to the aforesaid premises or appurtenances, or any part there- of. =•,~:v~y`'LSS, 'our hand at Denton, Texas this ' day of April A, D. 18'5 teat •0ue~3 of Grantor: CITY OF DENTON r TEXAS ~s TTESTt .l`O 101 BY: BILL NEU , F!A 0 KV HOLT, CITY SECRETARY `r ~11!'• t,~ 1. i.,`.. '{)X `l SINGLE ACKNOWLEDGMENT , VOL 741 rAcE 371 THE' STATE OF TEXAS, COUNTY OF BEFORE: ME, the undersigned authority, in and for said County. Texas, en this day personally appeared._ known to me to be the person whose name subscribed to the foregoing instrument, and acknowlet!gcd to me that he executed the same for the purposes and eonsiderntion therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of _ . A.D. 19.......... (L.S.) Ilotary Public, . . __.County, Texas Dry Commission Expires June 1, 19.._. SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF . BEFORE 1[E, 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 UNDER MY HAND AND SEAL OF OFFICE, This day of A.P. 19........ . (L S.) Notary Public, County, Texas My Commission Expires June 1, 19..... CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY .Qr DEN.T.W BEFORE 111:, the undersigned authority, •.1. ri-j it in Arid' fora. d ~ouhty, Texas, on this day.personally ■ppeared___^BI~+~NF~SJa-._f Y4R...-_._ CITY " DE X013, TEXAS - _ known to me to be the l - - - person and of&er avlicse *nanm is sub;4rybed to the torezoing instrument and acknowledged to me that the same was the act of the said CITY CQ CIL OF THE CITY OF DENTON,--TE}C1S_,___ -_.MS7N UI2Ai, _ _s#grporation, and thpt h4 eucuted the same as the act of such corporation for the purposes and consideration therein .esphe&wd, and in the capacity therein stated. ';,'•,GIVEN UNDE){ MY HAND AND SEAL OF OFFICE, This L~ _day of AE$IIi~, A D. 193 Notary Public, riton County, Tez4 )fy Commission Expires June 11 191-5 ' THE STATE OF TEXAS, CLERKS CERTIFICATE f,...._............. County COUNTY OF Clerk of the County Court of said County, do hereby certify that the foregoing ingt me" writing dated on the ' A 0Ar . day of................................................... , A. D. 19 . with its CertifiFate'bi- ii nllention, was filed for COZ record in my ortke on the.................... day of....... A. D. ]9.... nix/r ~r M., and duly recorded this ....................day of....... ........_....A. D. 19......_.., fns 3, ~ c 9?k `vo , lathe .........Records of said County, in Volume_.. o~ a cco yc tgn' 1?aea,~ .4a. WITNESS MY HAND AND SEAL OF THE COUNTY COURT of said "vii oat oNice 'a Vtef= p; c nr 0, . . the day and year last a ic,{rrit E 1 Wj a 1 ti ~Q c..o ~b cy ~a County Clerk........_........ ........sCounty,exas. (L By... , Deputy. 9 ~eiyo i 4 ~ 06 W i I 0 E • I E ~ i q 00 10 40> 01 01 ~,i r' l i l' G¢ I k' o (A K I l ~ i i i iw h Z16I0''i I t ~~Ir l' 0 ~C w f a~ 1 N 3latloae ~a Da1JV _ _._C-:u-uvir CLAIM LIVED- IM- TIIE STATE OIL TI-AAS DEED PYCORD5 vot 41 iml ~ l~ i ~ ' KNOW ALL MEN BY THESE PRESENTS: coursl~r or 5732 ,net the City of Denton, Texas, a Municipal Corporation nf the County of Denton snd State of Texas , for and in consideration of the sum of _....--------------------TEN AND NO/100------------------------- DOLLARS, to it in hand paid by Michie Thaten y 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 Michie Thaten his heirs and assigns, a': 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, to-wit: All that certain lot, tract or parcel of land situated in the A. Hill Survey, Abstract No. 623, and the S. C. Hirams Survey, Abstract No. 616, Denton County, Texas, and being known as a 16 foot utility easement and being more particularly described as follows: BEGINNING at a point for corner in the north right of way line of London- derry Lane at a point north 880 33' east, a distance of 620.59 feet and north 00° 24' 30" east a distance of 30.0 feet from the centerline inter- section of Sam Bass Boulevard and Londonderry Lane; THENCE north 00° 24' 30" west a distance of 12.0 feet to.a point for a corner; THENCE north 880 33' east a distance of 16.0 feet to a point for corner; THENCE north 000 24' 30" west a distance of 679.51 feet to a point for corners THENCE north 88° 331•east a distance of 16.0 feet to a point for corners THENCE south 000 24' 33" east a distance of 691.51 feet to a point for corners THENCE south 880 33' west a distance of 32.0 feet.to the place of beginning. TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privi. kges and appurtenances thereto in any manner belonging unto the said Michie Titaten his heirs and assigns, forever, so that neither the said the City of Denton, Texas, a Municipal Corporation, its successors nor hekV=r any person or persons claiming under it shall, at any time berea'ter, have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part there- of. BrIITSESS our hand at Denton, Texas this ktv,~ day of April A. D. 18 75 tit 0~~ tnesm at Re,gfi of Grantor: CITY OF DENTON, TE)LNS ATTB 'T s. ' . - BY: l A P N tl, YMAYOR,, f. r-•~i'LItQOKS- tiOLT,_:CLTY_SECRI3TARY. z4v THE STA'PI; OF TEXAS, SINGLE ACKNOWLEDGDIENT YOi 741 iia 373 COUNTY OF BEFORE ME, the undersigned authority, in and for said County, Texas, on this day prrsonally 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 11 19.... SINGLE ACILNOWLEDGIIENT THE STATE OF TEXAS, COUN rY OF. _ BEFORE the undersigned authority, in and for said County, Texas, on this day penwnally appeared known to me to be the person whose name sul;,scribed 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...,. CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF__. _ DENTON in and for said County, Texas, on this day personally appeared..Bill Neul_MayOr-of_..the- City_of Denton, :-..Te,XaB a_Municipal_ Corporation.__ -..known to me to be the person and officer whose tramr. is. ,subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said C__ity.C_o1131c1~''gf_the City of Dentons_Texas, a_Municipal___;, , LR_rporation, and•,ilat'-he execu)ed the same as the act of such corporation for the purposes and consideration therein txDressed, and in.tke icapacity therein stated. GIVEN UNDItIC HY HAND AND SEAL OF OFFICE, This 10 -day of___AP_d L A.D. 197.5- • Notary Public, .~_..Den.1an County, Tax" Sty Commission Expires June 1, 1975 =mar d F$v~ • CLERKS CERTIFICATE THE STATE OF TEXAS, I,........................................ , County COUNTY OF.. " Clerk of the County Court of said County, do hereby certify that the foregoing insltf'rMt of writing dated on t1.e day of , A. D. 19 with its CerEjficsa)SSf'L ?tlenticstion, was flied for record in my office on the..__ day of , A. D. 19. dV~c'Ali' ~j k . M., and duly , ...Sr,4~~~elb retarded this day of..................... A. D. 19 . me ,r ; dt;o c~c~ 4% in the Records of said County, In Volumc..?ly.~~{at~ .Afo`~'Yiy.IOF WITNESS MY HAND AND SEAL OFTIIE COUNTY COURT of sai `p y ty, at oflicq in r1 rI'~ue'?r~ , the day and year last 5 r #eft cp pjQ a~pf~~ 1c ~K~f 1% County Clerk ............_2Q,_..... County, Texas. 00 14 (L3) By 1*1 ~ Deputy. 'v ~ gay ~ f~ O s i S , f o x~ H I Iou I I w o M o ► f ?r13rn i i ` i {ti ! c3 w 4 a~ N J777 -z it r r r. r ~Y i'4{~.:•}'7s~i~• a i ~~w, ;~'r C ` ~ iii y'`r e~h, f'_ .rl .J ~ ~ ~.y .~Y~ t t 4 ~ ( w r' - ^ ~1111 111011 IF 1: 1i • - AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 15TH DAY OF APRILr A. D. 1975. R E S O L U T I O N WHEREAS, on the 4th day of March, 1975, the City of Denton passed a Resolution authorizing the application to the Texas Criminal Justice Council for assistance in financing a Crime Prevention Unit; and WHEREAS, funding would be made available from the Texas Criminal Justice Council to assist the City of Denton in supporting a Police Crime Prevention Unit if the City of Denton agreed to consider adopting minimum security codes dur- ing the second year of the project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON? TEXAS, THAT: If the Texas Criminal Justice Council assists the City of Denton in financing a Crime Prevention Unit the city agrees to consider adopting minimum security codes during the second year of the project. PASSED and APPROVED this the 15th day of April, A. D. 19750 BILL NE00, MAYOR CITY OF DENTON, TEXAS ATTEST: HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: I ~..ra PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS iaA~ L B E A T T Y E N G I N E E R I N G CO. • AIR CONDITIONING CONTRACTORS 9966 Monroe Drive Dallos, ie:ee 75220 A.C. 2141350-7711 110 , w, 0"M IILG.T.*[O N10It. Ii 6 L*4"O.e April 9,1975 Denton City Hall Municipal Building 115 East McKinney Denton, TX ATTN: Mr. Brooks Holt SUBJECT: Rate Increase Dear Mr. Holt: Effective May 1, 1975 we are increasing our service rates to $16.00 per hour plus time- and-a-half for overtime. This increase is necessary due to rising inflation, increased truck expense, wage increases, and rising material costs. We will continue to give you priority service and first-class workmanship and look forward to serving your maintenance needs. Thank you for your continuing business. Sincerely, BEATTY ENGINEERING CO. Cecil Utley Service Manager CU:sI ky 7 C C 0,^ T COMPROMISE 1:14D f ETTLEMENT AGREEMENT THE STATE OF TFXAS } ( COUNTY OF DENTON ) WHEREAS, the City of Denton, Texas, (hereinafter called Denton) is a municipality of the State of Texas with- in the meaning of Article 5160, Revised Civil Statutes of Texas; WHEREAS, within the meaning of said Article 5160, Denton, as owner, and A. E. Mitchell Construction Company, as contractor, (hereinafter called Contractor) entered into a formal contract, on or about the 27th day of September, 1972, for the building of Water Treatment Plant Expansion, Contract No. 6044A in Denton, Texas, (hereinafter called Project) WHEREAS, pursuant to and in accordance with the f aforesaid Article 5160, Industrial Indemnity Company, of San Francisco, California, (hereinafter called Industrial), as % Surety, executed a Payment Bond and a Performance Bond, eaca dated September 27, 1972; WHEREAS, Contractor encountered difficulties and called upon Industrial, as Surety, to aid in the completion, and in connection with such aid Contractor, as Principal, entered into an Assignment and Collateral Agreement with In- dustrial on March 7, 1974, assigning to industrial numerous rights, including but not limited to, "all accounts receivables, all contract receivables, all retained percentages of retainage amounts, all other contract rights, and all other funds due or belonging to Principals"; ,4 WHEREAS, after the work of the Contractor and the aid supplied by Industrial had heen concluded, Denton accepted the project as phases were completed and delivered to Denton, and Denton has accepted the project as fully completed; WHEREAS, a dispute has arisen between Denton and In- dustrial as to the liquidated damages, if any, due to Denton because of delays in completion, and with reference to the re- tainage, if any, due to Industrial; WHEREAS, it is the wish and desire of both parties to avoid the expense of litigation, and to bring this matter to an early conclusion by compromising and settling all matters in dispute between the parties therefore, it is agreed: 1. Denton has computed the retainage to be $84,788.18, less monies paid to Freese and Nichols of $17,056.19-and City of Denton staff time of $10,200., leaving a balance of re- tainage due to Industrial of $57,531.99, which Denton has agreed to pay to Industrial and Industrial has agreed to accept, under the terms and conditions set out herein as follows: 2. Industrial has heretofore advanced its own funds to pay for material, labor and subcontracts, znd there are now numerots claims outstanding for labor, material and upon sub- contracts, some of which are in litigation. There are questions of fact and of law in connection with many of said unpaid claims, as to what sums, if any, are due to the claimants. -2- 3. It is agreed that the said sum of $57,531.99, after receipt thereof from Denton by Industrial, will be used by Industrial as follows: 3.01 Those claimants who have legally perfected their claims, and have given industrial all requisite legal notices as to their claims, will be paid the full amount legally due by Industrial, in accordance with the applicable terms and conditions of the bonds which Industrial executed as Surety, 3.02 Industrial may establish and hold reserves of funds to cover its evaluation of those claims that are in liti- gation, or where there is uncertainty as to the exact amount, if any, that is due, or uncertainties as to whether the claimants have legally perfected said claims. 3.03 As to such funds, if any, that may remain, after Industrial has paid the claims described in paragraph 3.01, and has set aside sums to cover the reserves described in paragraph 3.02, industrial will tender to the remaining claim- ants known to Industrial a pro rata percentage of the funds remaining, even though said claimants have not legally perfected said claims. 3.04 Industrial shall have the absolute right to make determination as to which claims fall under the provisions of paragraph 3.01, 3.02 or 3.03, and Denton agrees that the tenders of payment and distribution of funds are to be made en- tirely at the discretion of Industrial. This contract is made -3- between Denton and Industrial and no third party shall have any rights to attempt to enforce this contract. Industrial shall have complete freedom as to its use or application of any funds that may be tendered but not accepted; and, in disposition of claims, Industrial's determination shall be final and con- clusive. If any claimant fails or refuses to accept the sum or sums tendered by industrial, or fails to give Industrial a full release, Industrial may retain saig sums and use such funds as it sees fit. 3.05 Industrial reserves the right to make adjust- ments or changes in the sums to be tendered to claimants, if further investigation of the facts convinces Industrial that such changes should be made. . 3.06 Industrial reserves the right to deal with each claimant separately, and if any claimant fails or refuses to accept the suns tendered to said claimant by Industrial, said .t claimant shall have no rights against Industrial by reason of the making of this agreement between Denton and Industrial. 3.07 Industrial has provided, and there is attached hereto, a list of claimants with the names and addresses of each claimant, the amount of each claim,-and which divides the claims into these categories: (1) The claims that are legally due, according to Industrial's findings and determinations. (2) Those claims in dispute. (3) Remaining claims. This list includes all claims kne-7n to Industrial at this time. 4. Industrial has provided counsel to represent Denton in lawsuits filed by certain claimants, and Industrial shall -4- 1• continue to provide such counsel in such suits where it has specifically agreed to do so in the past. In the event that other causes of action are brought against Denton by claimants for claims that arise solely under the aforesaid Contract No. 6044A, wherein claimants, whether known or unknown at this time, sue Denton, Industrial will provide counsel to defend Denton as to all such cla::.~, but Industrial assumes no ob- ligations beyond those specifically set out in the aforesaid bonds which it executed as surety, and industrial shall have no obligation to pay any judgment that may be rendered against Denton; and, Denton reserves the right to have its own counsel attend all trials where Denton is a party, and the right to have its own counsel represent it in all causes of action brought against Denton. It is specifically stipulated that by the making of this agreement that Industrial does not change, alter, en- large or affect any of its rights, duties and obligations as set out in the bonds it executed as surety. 5. Industrial shall have no liability nor any ob- ligations or undertakings of Denton or for any claims against: Denton, except those obligations, if any, which Industrial assumed and became liable for by the terms and conditions of the bonds which it executed as Surety for the Contractor on this project. 6. For and in consideration of the undertakings by Industrial as set out herein, Denton hereby releases, and dis- charges Industrial Indemnity Company and A. E. Mitchell Construction Company from any and all obligations, claims, warranties, suits, demands, and all rights of action of every kind Denton has, or could have, against them, or either of them. -5- " A' Y ~t: i 7. For and in consideration of the undertakings and the payments hereinabove provided by Denton, Industrial In- demnity Company hereby releases and discharges Denton from any and all obligations, claims, suits, demands and all rights of action of every kind that either A. E. Mitchell Construction Company or Industrial Indemnity Company has, or could have, against the City of Denton. 8. This Compromise and Settlement Agreement is made pursuant to authority given and granted to the Mayor of the City of Denton, by the City Council of the City of Denton and constitutes the act and deed of the City of Denton. This Agreement made this the Jfk_ day of A. D. 1975, by and between the parties in Denton County, Texas. ' THE CITY OF DENTON ATTE By , r iiy secretary INDUSTRIAL INDEMNITY COMPANY By -6- r . THE STATE OF TEXAS ) i COUNTY OF DENTON ) BE ORE ME, a Notary Public, on this day personally appeared emu a if ' , who is known to me to be the person who name 'Ys subscribed to the foregoing Compromise and Settlement Agreement, and after being duly sworn by me, stated on oath that the facts set out therein are true and correct to the best of '►is knowledge and belief; that he was the Mayor of the City of Denton, Texas, and he was duly authorize.: and empowered to execute this instrument by the City Council of the City of Denton, Texas; and, that he executed this Agreement, as the act of the City of Denton, Texas, pursuant to said authorization. SUBSCRIBED and SWORN TO befo me Is the 7fk- day of LLtk~ , 1975, to certify which witness my hand and seal of o ice. =~'~ItJr'1'Qy~' Notary Public My commission expires on the 1st day of June, 1975. THE STATE OF TEXAS ) COUNTY OF DALLAS ) BEFORE ME, a Notary Public, on this day personally appeared, Gil Hampton, who is known to me to be the person whose name is subscribed to the foregoing Compromise and Settlement Agreement, and after being duly sworn by me, stated that he is the attorney and duly authorized agent for Industrial Indemnity Company; that the facts set out in said Agreement are true to the best of his knowledge and belief, that he executed this instrument pursuant to such authority, and that his execution of this Agreement constitutes the act and deed of Industrial Indemnity Company. Gil p on • SUBSCRIBED and SWORN TO before r.,e this the day of , 1975, to certify which witness my hand and seal of offio . Notary Public My commission expires on the 1st day of June 1975. -7- s April 9, 1975 A.E. MITCHELL CONSTRUCTION COMPANY THE DENTOd PROJECT Exhibit #1 List of Claims Properly Perfected and Need to Be Paid: CLAIM AMOUNT Atlas Refrigeration and Air Conditioning 1810 South Ervay Dallas, Texas 190.00 FMC Corporation Lock Box 91364 Chicago, Illinois 60690 2200.00 Good Electric Company P.O. Box 278 Carrollton, Texas 4760.78 Gregory & Rhine 401 Anderson Drive Hurst, Texas 5621.31 McClung Roofing Company, Inc. P.O. Box 13272 Ft. Worth, Texas 931.70 Merit Company, Inc. P.O. Box '35663 Dallas, Texas 75235 1912.50 Payne & Howard -Box 20757 Dallas, Texas 75220 500.00 TOTAL 1-6-1-11 T97 April 9, 1975 A.E. MITCHELI, CONSTRUCTION C014PANY THE DENTON PROJECT Exhibit 42 List of Claims Where There Is a Dispute as to Whether or Not Theyf4ere Properly Perfected: CLAIM AMOUNT Good Electric Company P.O. Box 278 Carrollton, Texas $ 61290.70 Gregory and Rhine 401 Anderson Drive Hurst, Texas 22,297.48 L.B. Leopold Company (Sybron Corp.) 227 South Division Street Zelieople, Pa. 16063 54,000.00 Mid-Tex Metal Products Inc. Box 5217 Austin Texas 78763 23,004.00 Payne & Hibler Rt. 5 Box 12 Denton, Texas 31648.29 Southern'Industrial Steel P.O. Box 789 Arlington, Texas 76010 18,265.00 TOTAL $ 1 , 5I'05__. i x April 8, 1975 A. E. MI'PCFMMI, C 4STRUCTICN CCxIPANY WE DFTTT N PFC= E UBT #3 FINING C1,AIMS NOT INCLUDED ON EXHIBITS ONE AND M American Cast Iron Pipe Co. Box 2727, Dirmii)gham, Alabama $1,008.89 CX Products, Corp. 1200 Simons Bldg., Dallas,Tx. 75201 375.00 Corr Tech 264.10 Doyle Plasteving Contractor 1824 East Abiam St., Arlington, Texas 76010 320.00 Daniel Paving Co. 337.50 Haskell Davis 326.63 Evers Hardware 24.75 Paul Fox Corp. 318 Cadiz, Dallas, Texas 226.95 Fb>=rth-Gailbraith P.O. Drawer K, Denton, Texas 76201 854.46 Gene Gohlke P.O. Box 165- Denton, Texas 76201 23.50 Highland Coatings 2909 National Dr., Garland, Texas 75041 4,946.55 Hilti P.O. Box 538, Stamford, Conn. 06904 587.97 Industrial Oxygen Supply 1010 I,evy St. - Dallaa, Texas 75207 345.59 Lloyd's Rental 2804 No. Elm - Denton, Texas 76201 11667.06 Joiner-Meade Capeis, Inc. 3920 Cedar Springs, Dallas, 75219 404.00 Merit Co.,, Inc. P.O. Box 35663, Dallas, Texas 75235 860.63 Payne & Howard P.O. Box 20757, Dallas, Texas 75220 1,500.00 Page -1- FXNIBIT $3 Safway Steel Products P.O. Box 35334, Dallas, Texas 1,334.93 Strawn Rentals P.O. Box 20540, Dallas, Texas 75220 105.77 Southwestern Laboratories Box 5748 Arlirtjton, Texas 76011 483.00 Triangle Supply Co., Inc. 1377 Motor Street, Dallas, Texas 75207 174.81 • $16,172.04 Page -2- P ~ ~ ~t~ . ,r 01 i CORRECTION EASEta;NT DEED RECORDS ' va • 742 pu 586 STATE OF TEXAS ) KNOW ALL MEN BY THESE PRESENTS COUNTY OF DALLAS ) That MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, a corporation, Grantor, for and in consideration of the sum of TWELVE THOUSAND EIGHT HUNDRED SIXTY EIGHT AND 15/100 ($129868.15) DOLLARS, to it cash in hand paid by the City of I~ Denton, a municipal corporation in Denton County, Texas, and other good and + valuable considerations, the receipt of which is hereby acknowledged, hereby grants and conveys to the City of Denton an Easement for underground water line purposes in, along, under and across the following described tract or parcel of land located in Denton County, Texas, to-wit: A 3D-inch water pipe line on Grantor's Denton Subdivision main track right of way from Lake Dallas, Denton County, Texas, at Mile Post 731.51 to Mile Post 723.71 near Denton, Denton County, Texas, and being more particularly described as follows: Said 30-inch water pipe line enters the Missouri-Kansas-Texas Railroad Company's westerly right of way line opposit said Railroad Company's main track valuation chaining station 1408+13 at an angle of 8T degrees 26 ninates 20 seconds measured to the left, northerly, froa said westerly right of way line; Thence cor.•;inuing in an easterly direction along last described course, crussing under said main track at valuation chaining station 1408+15, a distance of 88.5 feet to a point, said point being distant 38.8 feet measured easterly at right angles from the center line of said main track; , Thence in a northerly direction parallel with and distant 39 feat, more or less, from the center line of said main track, a distance of 6,692.9 feet to an angle point; Thence deflecting an angle of 1 degree 41 minutes to the right, northerly, a distance of 164.4 feet to an angle point, said point being distant 44 feet, more or less, measured easterly at right angles from the center line of said main track; Thence deflecting an angle of 1 degree 41 minutes to the left, north- westerly, a Ea stance of 16,050.6 feet to an angle point, said point F.;•: being distant 44 feet, more or less, measured easterly at right angles' from the center line of said main track; Thence deflecting an angle gf 2 ,degrees 39 minutes to the tight, northerly, a distance.of.265 feet•to an angle pointj,'said point being distant 39 feet, more or less, measured easterly at right angles from the center line of said ma`n track; Thence deflecting an angle ot.4 degrees 12'*inutes to the right, northerly a distance of 3~O;feet to a point, said point being distant 42 feet, more or leas, measured easterly. at right angles from the center line of said main track; , N, 1P.4 • L va 742 wf 586 Thence deflecting a; angle of 2 degrees 56 minutes to the right, northerly a distance of 210 feet to an angle point, said point being distant 44 feet, more or less, measured easterly at right angles from the center line of said main track; Thence deflecting an angle of 1 degree 17 minutes to the left, north- westerly a distance of 191 feet to an angle point, said point being distant 39 feet,,more or less, measured easterly at right angles from the center line of said main track; Thence deflecting an angle of 0 degrees 50 minutes to the right, northerly a distance of 841.8 feet to an angle point, said point. being distant 31 feet, more or less, measured easterly at right angles from the center line of said main track; Thence deflecting an angle of 1 degree 18 minutes to the left, northwesterly, a distance of 355 feet, more or less, to an angle poi,-.t, said point being distant 30 feet, more or less, measured easterly at right angles from the center line of said main track; Thence deflecting an angle of 4 degrees to the left, northwesterly, a distance of 258 feet, more or less, to an angle point, said point being distant 38 feet, more or less, measured easterly at right angles from the center line of said main track; Thence deflecting an angle of 3 degrees 33 minutes to the left, northwesterly, a distance of 270 feet, more or less, to an angle point, said point being distant 35 feet, more or less, measured easterly at right angles from the center line of said main tr n x; ! Thence deflecting an angle of 5 degrees 17 minutes to the left, !I northwesterly, a distance of 265 feet, more or less, to an angle point, said point being distant 35 feet, more or less, measured ! northeasterly at right angles from said main track; Thence deflecting an angle of 7 degrees 48 minutes to the left, northwesterly, a distance of 275 feet, more or less, to a point; f Thence in a northwesterly direction parallel with and distant 30 feet measured at right angles from the center line of said main track, a distance of 3,708.feet, more or less, to an angle point; Thence deflecting an angle of 5 degrees 45 minutes to the left, north- westerly, a distance of 728.4 feet to a point of curve, said point being distant 44 feet, more or less, measured easterly at right angles from the center line of said main track; Thence by arc of curve to the right, having a radius of 2820.93 feet, parallel with and distant 44 feet, more or less, measured easterly at right angles from the center line of said main track a distance of 1531.6 feet to a point of tangent; Thence continuing in a northerly direction parallel with and distant 44 feet easterly from the center line of said main track a distance ii r! of 824.4 feet to an angle point; Thence deflecting an angle of 2 degrees 08 minutes to the left, north- westerly, a distance of 523 feet to an angle point, said point being distant 44 feet, more or leas, measured easterly at right angles from the center line of said main track; i Thence deflecting an angle of 11 degrees 39 minutes to.the left, north- { westerly, a 'dieiance of. M2 flet to' an~angle point, said point being distant 38"Net,°moN or less; measured easterly at right angles from i,. the centerline of said.main track; lr Y 2 ! a , y r i i rain 7 2 NEW Thence deflecting an angle of 8 degrees,47-minutes to the left, north- vesterly, a distance of 285 feet to an angle point, said point being' distant 35 feet, more or less, measured easterly at right angles from. the center line of said main track; Thence deflecting an angle of 7 degrees 15 minutes to the left, northwesterly, a distance of 140 feet to an angle point, said point being distant 30 feet, more or less, measured northeasterly at right angles from the center line of said main track; Thence deflecting an angle of 5 degrees 05 minutes to the left, north- westerly, a distance of 210 feet to an angle point, said point being distant 25 feet measured northeasterly at right angles from the center line of said 'main track; i~ Thence deflecting an angle of 4 degrees 00 minutes to the left, north- westerly, a distance of 158 feet to an angle point, said point being distant 24 feet, more or less, measured easterly at right angles from the center line of said main track; Thence deflecting an angle of 4 degrees 49 minutes to the left, f! northwesterly, a distance of 176 feet to an angle point, said point being distant 25 feet, more or less, measured northeasterly at right angles from the center line of said main track; Thence deflecting an angle of 5 degrees 27 minutes to the left, north- westerly, a distance of 238.6 feet to an angle point, said point being distant 25 feet, more or less, measured northeasterly at right angles from the center line of said main track; Thence deflecting an angle of 1 degree 54 minutes to the left, north- westerly, a distance of 1409.8 feet to a point, said point being distant 22 feet, measured northeasterly at right angles from the center line of said main track; Thence deflecting an angle of 20 degrees 24 minutes to the right, northerly a distance of 417.6 feet to an angle point, said point being distant 44 feet, more or less, measured northeasterly at right angles from the center line of said main track; Thence deflecting an angle of 8 degrees 21 kin(Abs to the left, north- westerly, a distance of 186 feet to an angle point, said point being distant 17 feet, more or less, measured northeasterly at right angles from the centerline of said main track; Thence deflecting an angle of 8 degrees 08 minutes to the right, northerly, a distance of 83 feet to an angle point, said point being distant 17 feet, more or less, measured northeasterly at right angles from the centerline of said main track; Thence deflecting an angle of 10 degrees 00 minutes to the right, northerly, a distance of 156 feet to an angle point, said point being distant 44 feet, more or less, measured northeasterly at right angles from the centerline of said main track; Thence deflecting an angle of 10 degrees 00 minutes to the left, northwesterly, parallel with and distant 44 feet, more or less, measured easterly at right angles from the centerline of said main track, a distance of 1,282.3 feet to an angle point; Thence deflecting an angle of 46 degrees 17 minutes to the right, northrrlyrj e,distance of 7.3 feet to the point of leaving said Railroad Company's northeasterly right of way opposite said main track valuation chaining station 1815+35. -3- rt . fl, 'py~t is This grant of easement does not extend to the surface rights of Grantor's right of way, save and except that Grantee herein shall have a working space of no less than ten feet in width centered on the aforedescribed pipe line during the installation of said pipe line and also shall have the right to enter upon and utilize the surface of Grantor's right of wady in order to maintain said pipe line, provided, however, that Grantee shall restore at its sole expense said surface to its previous condition or to a condition satisfactory to Grantor's Chief Engineer. Grantee expressly agrees and covenants with Grantor that the aforesaid 30-inch water pipe line shall be installed at a depth of no less than 411 feet from the ground surface to the top of the pipe and said pipe shall be in- stalled at the maximum distance possible as provided for abore from Grantor's tracks and that at ho time will Grantee,,its contractors, agents and/or assigns approach eny closer than fifteen feet from the center line of Grantor's nearest track. Grantee further agrees that it will not alter or cause to be altered in any respect the existing drainage flow on Grantor's right of way during and after the construction of said pipe line. TO HAVE AND TO HOLD all and singular said right and privilege unto the City of Denton for the use•and purpose aforesaid. The City of Denton accepts this grant of Easement subject to any exist- ing easr.ments, licenses, and agreements affecting the premises covered by this easement. This easement hereby granted shall not in any way prevent the Grantor herein ita successors and assigns, g from constivetin any future track oz tracks or maintaining any existing or future track or tracks across the land r-' over which this easement is granted and operating its trains thereon and r~'•~ thereover or from multiplying or changing any existing or future track or tracks across the land over which tbAs Easement is granted and operating its trains thereon and thereover. rI In the event the City of Denton abandons said pipe line or any part thereof, this grant shall become null and void as to the land so abandoned c • Y 1 it is .ss, tt .':i4 742 w 5M and all rights to the same herein conveyed shall at once revert to Grantor, its successors and assigns. This Deed is made in place of and as an Easement Deed of Correction of a Deed executed by Grantor herein to Grantee, dated October 31, 1973, and ' recorded in Volume 689, page 388, Deed Records of Denton County, Texas, wherein by error or mistake in the description the last ten calls on page 2 and the first three calls on page 3 of the original Easement were replaced by the fourth, fifth, sixth, seventh, eighth, and ninth calls on page 2 of this Correction Easement and the third, fourth, fifth and sixth calls on page 4 of the original Easement were replaced by the ninth, ten*',, eleventh and twelfth calls on page 3 of this Correction Easement. IN WITNESS WHEREOF, the MISSOURI-KANSAS-TEXAS RAILROAD COMPANY has caused these presents to be signed by'•ttd President, and its corporate seal hereto affixed by its Assistant Secretary, this the day of April, 1975• .••••..,•!~J~'+,i MISSOURI-KAp XAS RAILROAD COMPANY e!f 10, By~ President f.nC,I J 1 ` DEL Art ol, istant Secretery STATE OF TEXAS ) SS COUNTY OF DALLAS ) 'Befor me, a undersigned Notary Public, on this day personally rx eppeazedPresident, known to me to be the person and officer whose name is subscribed to the foregoing Instrument and acknow- ~t ,tali to me that the 'same was the act of the said Missouri-Kansas-Texas R lroad Comparpr, a corporation, and that be executed the same as the act of for the purposes and consideration therein expressed, and in ouch the capacity' therein stated.. si?s %f 1 • ,~~µn,e ,,ft; Given under r hand and seal of office this the ~-day of April, 1975 0 U J ~t~~~~ r. off silt` y Notary Pub c n in'a for Dallas Count ,li Y~,•,f TEXAS k., .s!jrj,;b~oam~isaion.~expires'JUne 1,1975• 41 qr kt ' y+ rl^4 7/ r r ' 4~,(r ~ . f1 . S Vii'. , t ~ r , S ►va 142 PAGE 590 V ~~UG<<26 H ~ o H H VARYJOI;IL1. 00 r.l r' ~ K H yam,. ~ Lvl,1M'/JV, ~~~o ndO O 5 1 ~ ~ u1~ e L6 s s, s~ awti tvyO Q k u~laV? d ~~Qd 9'~~ F'oms uas FAaia~ y va aaaus F4~fl~ut s1Qtt~4t ~SN{tW Y1S snpsy*siM~uau~~tnaO yy)~~'~irjp will out pO 0 1 C RRFIII~. ' iT j ~..J1 r w I. ` Y. 1 It L~ • J ~.f f - `1 ! i] i,lt J 2 l °I' fr..!'~ct', 2 7y~ r.':° v r l 'i £r~/ 1. er •ry • l LIGNITE JOINT OWNERSHIP AGREEMENT WHEREAS, the City of Bryan, Texas ("Bryan"), the City of Denton, Texas ("Denton"), the City of Garland, Texas ("Garland"), the City of Greenville, Texas ("Greenville") and Brazos Electric Power Coopera- tive, Inc. ("Brazos") are the members of the Texas Municipal Power Pool which was created by an Interchange Agreement dated September 23, 1963, as amended, and WHEREAS, Bryan, Denton, Garland and Greenville are home rule cities under the Constitution and laws of the State of Texas and Brazos is a non-profit corporation organized as an electric coopera- tive under the laws of the State of Texas, and WHEREAS, Bryan, Denton, Garland, Greenville and Brazos ("Par- ticipants") have their own electric generating, transmission and distribution facilities at this time, but they are considering con- structing and owning additional generating facilities jointly, and WHEREAS, due to the shortage of natural gas and oil, fuel for electric generating plants is difficult to find and is becoming more expensive to acquire, and WHEREAS, Participants believe that they have located approxi- mately 20,000 acres of lignite deposits ("Property"), which could be used to fuel one or more electric generating plants, and WHEREAS, Participants realize that their Ulanning is not complete, but they are fearful that any delay in leasing, or acquiring options to lease, the aforementioned Property will result in others leasing the Property, and WHEREAS, it appears that Participants have the requisite authority to act jointly under the provisions of Article 1435a, V.A.T.C.S., in planning, financing and acquiring electric generating facilities and to this end have the authority to procure a fuel supply for generating units to be construc-'L:ed: NOW, THEREFORE, Participants mutually agree as follows: 1. DESCRIPTION OF 2ROJECT: 1.1 The Pool Committee shall take all action that is neces- sary to determine the exac7: location and quality of the lignite de- posits in question ("Lignite"). 1.2 The Participants, by and through options to lease and leases, containing terms and condition; and in form satisfactory to the Pool Committee, shall acquire the right to mine, remove and use this Lignite, and, subject to adjustment as provided herein, shall own the options to lease, the leases and their right, title and interest in the Lignite as tenants in common, as follows: (a) Bryan shall own and undivided 15.318 interest therein; (b) Denton shall own an undivided 11.908 interest therein; (c) Garland shall own an undivided 26.438 interest therein; (d) Greenville shall own an undivided 5.90% interest therein; and (e) Brazos shall own an undivided 40.468 interest therein. The Pool Committee shall take all action that is necessary to accom- plish the purposes and intent of this Subsection 1.2 of this agreement. 1.3 As a matter of convenience to the Participants, any options to lease and leases will be taken in the name of Brazos as Trustee for the Texas Municipal Power Pool. Brazos agrees that it will be holding record title for the benefit of the Participants in the interests hereinabove provided, that it will not transfer or other- wise dispose of the undivided interest of any Participant without firFt securing the written consent of the Participant and that, upon the written request of a Participant, it will transfer record title to a Participant's undivided interest: to the Participant. 1.4 It is hereby found and determined that the purchase of land or interest therein as authorized to be done and performed here- under is an emergency measure in the light of the need for fuel for generating facilities; that the personal or professional services to be rendered under this agreement by test drilling and analysis of lig- nite in order to determine the quantity and quality of the lignite to be acquired by i,~a3es should proceed as quickly as possible; and that all expenditures to be made by the Participants shall be paid from current funds or bond funds of a Participant as a capital expenditure. 1.5 Considering the nature of the duties to be performed here - under, initially the total amount to be expended under the provisions hereof shall not exceed the sum of $2750000, this being composed of the $125,000 approved by the Pool Committee on December 19, 1974, and the $150,000 approved by the Pool Committee on March 27, 1975, but such amount may be increased by unanimous approval of all of the Participants. Provided, however, if one or more Participants disapprove of a pro- -2- nosed increase, the remaining Participant or Participants may elect to approve and pay the entire increase, such increase to be allocated among the electing Participants in the ratio that the percentage own- ership of each, as reflected in Subsection 1.2, bears to the total aggregate percentages of all electing Participants. When the total project costs have been determined, the percentage interests of the Participants shall be adjusted in the manner specified in the last sentence in Subsection 3.2. The original budget is attached hereto and is hereby adopted and approved by the Participants. Any requests of the Pool Committee for increases shall be supported by an amended budget. The Pool Committee may amend the original or amended budget so long as such amendment does not increase the total amount of the budget approved by the Participants. All expenditures shall be made pursuant to the original budget or amended budget. 1.6 Subject to ny limitations provided by this agreement or general law, and in order to accomplish the purposes and intent of this agreement; the Pool Committee may enter consulting and other agreements for, on behalf of and in the name of the Participants and may designate, from time to time, a project manager or successor project manager ("Project Manager") to act for and on behalf of the Pool Committee in accomplishing the purposes and intent of this agreement. In order to take action pursuant to this agreement, the Pool Committee shall follow the procedure specified in the aforementioned Interchange Agreement creating the Pool Committee. II. C03TS OR PROJECT: 2.1 The project costs shall be shared by the Participants in proportion to their ownership interests in the Lignite. .2.2 Each Participant shall pay its share of the project costs in accordance with requests for funds submitted by the Pool Committee. The Pool Committee shall prepare monthly project cost es- timates and submit the same to the Participants at least forty-five days prior to the beginning of the calendar month in question and the Participants shall pay their portion of the project costs for such calendar month at least thirty days prior to the beginning of such calendar month. Such payments shall be made in such manner as desig- nated by the Pool Committee. In the event delays occur which result in the estimated expenditures not being made within the calendar month in question, then the monthly estimates for subsequent months shall be reduced accordingly. Following completion of the project, the Pool Committee shall compute the total project costs and each ?artiaipant shall promptly settle any balance that it owes. Ii at any time it is determined that a Partir;ipant has made advances which are greater or less than its share of the project costs, the differ- ence shall be paid, refunded or credited promptly. 2.3 The Pool Committee shall maintain records reflecting the payments by the Participants and the project co•:ts paid by the Pool Committee. -3- III. DEFAULTS: 3.1 For purposes of this Section III, the word "default" shall mean the failure of any Participant to make any payment in the time and manner provided by this agreement. 3.2 Each time a Participant defaults, the Pool Committee shall give the non-defaulting Participants notice of the default. One or more of the non-defaulting Participants, at any time prior to the beginning of the calendar month in which the funds in question are to be expended by the Pool Committee, may elect to make the payment necessary to cover the default in question, the payment to be allo- cated among the electing non-defaulting Participants in the ratio that the percentage ownership of each as reflected in Subsection 1.2 bears to the total aggregate percentages of all electing non-defaulting Participants. When the total project costs have been determined, the percentage interest of each Participant as reflected in Subsection 1.2 shall be reduced or increased, as the case may be, to the proportionate part of the total project costs paid by it. 3.3 If, in the case of any default, none of the Participants make the election called for in Subsection 3.2 of this agreement and the defaulting Participant has not cured the default by the beginning of the calendar month in which the funds in question are to be expended by the Pool Committee, then the project shall immediately be discon- tinued and the same shall be liquidated for the benefit of all the Participants as may best serve the interests of the non-defaulting Participants. 3.4 Any Participant may dispute a request for funds by the Pool Committee, provided that such Participant shall pay the disputed payment under protest. The protest shall be in writing, shall ac- company the disputed payment and shall specify the reasons upon which the protest is based. Copies of such protest shall be mailed by such Participant to all other Participants. Payments not made under pro- test shall be deemed to be correct, except to the extent that audits may reveal over or under payments by Participants, necessitating adjustments. In the event it is determined that a Participant is entitled to a refund of all or any portion of a disputed payment or payments then the appropriate adjustments, refunds and payments shall be made in accordance with such determination. IV. TAXES: In accordance with Subsection (3) of Section 4 of Article 1435a, V.A.T.C.S., each Participant which is a private entity agrees to render for ad valorem taxation its undivided fractional interest in the prop- erty which, pursuant to this agreement, thf, Participants own jointly and to pay all taxes and assessments for which it is responsible pur- suant to the terms of said statute. -4- V. WAIVER OF RIGHT TO PARTITION: Each Participant hereto agrees to waive any rights which it may have to partition any component of the Lignite, whether by parti- tion in kind or by sale and division of the proceeds, and further agrees that it will not resort to any action in law or in equity to partition such component, and it waives the benefits of all laws that may now or hereafter authorize such partition for a term'(i) which shall be coterminous with this agreement, or (ii) which shall be for such lesser period as may be required under applicable law. VI. MORTGAGE AND TRANSFER OF INTERESTS: 6.1 Each Participant shall have the right at any time and from time to time to mortgage, pledge, create or provide for a securi- ty interest in or convey in trust all or a part of its ownership share in the Lignite, together with an equal interest in this agreement, to a trustee or trustees under deeds of trust, mortgages or indentures, or to secured parties under a security agreement, as security for its present or future bonds or other obligations or securities, and to any successors or assigns thereof, without need for the prior written consent of any other Participant, and without such mortgagee, trustee or secured party assuming or becoming in any respect obligated to perform any of the obligations of the Participant arising prior to such time as such mortgagee, trustee or secured party obtains pos- session of or assumes the right to exercise such Participant's rights in respect of such ownership share, or after such possession or assump- tion ceases. 6.2 Any mortgagee, trustee or secured party under present or future deeds of trust, mortgages, indentures or security agreements of any of the Participants and any successor or assign thereof, and any receiver, referee or trustee in bankruptcy or reorganization of any of the Participants, and any successor by action of law or other- wise, and any purchaser, transferee or assignee of any thereof may, without need for the prior written consent of the other Participants, succeed to and acquire all of the rights, titles and interests of such Participant in the Lignite and in this agreement, and may take over possession of or foreclose upon said property, rights, titles and interests of such Participant. 6.3 Each Participant shall have the right to transfer- or assign all or a part of its ownership in the Lignite, together with a proportionate part of its rights under this agreement, to any of the following without the need for prior written consent of any other Participant: (a) To any entity acquiring all of substantially all of the electric utility properties and business of such participant; or -5- I (b) To any entity merged or consolidated with such Participant; or (c) To any entity which is wholly-owned by such Participant. s 6.4 Except as otherwise provided in Subsections 6.1 and 6.2 hereof, any successor to the rights, titles and interests of a Partici- pant in the Lignite shall assume and agree in writing to fully perform and discharge all of the obligations hereunder of such Participant, and such successor shall notify each of the other Participants in writing of such transfer, assignment or merger, and shall furnish to each Par- ticipant evidence of such transfer, assignment or merger. 6.5 No Participant assigning or transferring an interest under this Section VI or Section VII shall be relieved of any of its obligations under this agreement and shall remain liable and obligated f0t the performance of all of the terms and conditions of this agree- went, unless otherwise agreed by all of the remaining Participants. VII. RIGHT OF FIRST REFUSAL: 7.1 Except as provided in Section VI hereof, should any Participant, prior to the expiration of the period described in Sub- section 7.10 hereof, desire to transfer its ownership in the Lignite, or any part thereof, to any person, entity or another Participant, ready, able and willing to acquire same, the Participant desiring to make such transfer shall obtain a written offer from the prospective transferee, setting forth the consideration and other terms of the offer, and each of the other Participants shall have the right of first refusal to acquire such interest on the basis of the following consideration: (a) If the offer is in cash, whether payable in one payment or in installments, the amount of the bona fide written offer from the prospective transferee, payable as specified in the offer; or (b) If the offer is not in cash but is in securities having a readily ascertainable market value, the fair market value of the securities offered by the prospective transferee; or (c) If the offer is neither in cash nor in securities having a readily ascertainable market value, the fair market value of the ownership in- terest to be transferred. 7.2 At least one hundred twenty (120) days prior to the date on which the intended transfer is to be consummated, the Par- -6- ticipant desiring to transfer shall serve written notice of its in- tention to do so upon all of the Participants. Such notice shall contain the proposed date of transfer and the terms and conditions of the transfer. 7.3 Each Participant shall have the option to acquire all or any part of the interest to be transferred and shall exercise said option by serving written notice of its intention upon i:he Participant desiring to transfer and on the remaining Participants within sixty (60) days after service of the written notice of intention to transfer given pursuant to Section 7.2 hereof. Failure of a Participant to exercise said option as provided herein within the time period speci- fied shall be conclusively deemed to be an election not to exercise said option. 7.4 If two or more of the Participants desire to acquire parts aggregating more thar, all of such interest, unless otherwise agreed, such interest shall be transferred in the ratio that the percentage interest specified in Subsection 1.2 of each Participant desiring to acquire bears to the total aggregate percentage interests of all Participants desiring to acquire. 7.5 When the options to acquire all or any part of said ownership interest have been exercised, the Participants shall thereby incur the following obligations: (a) The Participant desiring to transfer the ownership interest and the Participant or Partici- pants haling exercised the option to acquire all or any portion of such ownership interest shall be obligated to proceed in good faith and with due diligence to obtain all required authorizations and approvals of such acquisition. (b) The Participant desiring to transfer such ownership interest stall be obligated to obtain the release of any lien encumbering the ownership in- terest which is the subject of the transfer at the earliest practicable date. (c) The Participant or Participants having exercised the option to acquire such ownership in- terest shall he obligated to perform all of the terms and conditions required of them to complete the acquisition of said ownership interest. 7.6 The acquisition of the ownership interest by the Participant or Participants having elected to acquire the same shall be fully consummated within sixty (60) days following the date upon -7- r which all notices required to be given under this Section VII have been duly served. 7.7 If the Participants receiving notice of the proposed transfer fail to exercise their options to acquire all or some part of the ownership interest to be transferred, the Participant desiring to transfer such interest shall be free to transfer such interest, if any, as may be left after the exercise of such options to the party that made the offer referred to in Subsection 7.1 hereof upon the terms and conditions set forth in said bona fide written offer. If such transfer is not consummated by the proposed date of transfer referred to in Subsection 7.2 hereof, the Participant desiring to transfer said ownership interest must give another complete new right of first refusal to the remaining Participants pursuant to the pro- visions of this Section VII before such Participant shall be free to transfer said ownership interest to another party. 7.1 The Participant or Participants who acquire an owner- ship interest pursuant to this Section VII shall receive title to and shall own the interest as tenants in common, subject to the same rights, duties and obligations as are applied by this agreement co the interest being transferred in the hands of the transferring Par- ticipant. 7.9 Any party who may succeed to an ownership interest pursuant to this Section VII shall specifically agree in writing with the remaining Participants at the time of such transfer that it will not transfer or assign all or any portion of such ownership interest without complying with the terms and conditions of this Section VII. 7.10 It is intended that the provisions of this Section VII shall, to the full extent permitted by law, continue in effect and be enforceable by the Participants, their successors and assigns, so long as two or more of them continue to own an interest in the Lignite. However, should it be finally determined by a court of competent jurisdiction that Article I, Section 26 o'f the Constitution of the State of Texas or any other constitutional provision, statute or rule of common law of like import, is applicable to the rights created by this Section VII, then the agreements contained in this Section VII shall terminate ai4 be of no further force and effect whenever twenty- one (21) years less one day shall have elapsed after the death of the last surviving descendant (living a,; the date of the earliest execu- tion of this agreement on behalf of any of the Participants) of any person signing this agreement in behalf of a Participant in any capacity. VIII. PROTECT INSURANCE: 8.1 The Pool Committee shall determine the insurance cover- ages, including the insurable values, limits, deductibles, retentions -8- and other special terms, to be obtained during the periods covered by and with respect to the project. 8.2 Each Participant, at its expense, shall have the right to secure such additional or different insurance coverage as may be required under any mortgage or contract provision, and, to the extent practicable, such additional or different insurance coverage may be effected through endorsements on policies issued pursuant to Subsec- tion 8.1. IX. RELATIONSHIP OF PARTICIPANTS: 9.1 The covenants, obligations and liabilities of the Participants shall be several and not joint or collective. Each Participant shall be individually responsible for its own covenants, obligations and liabilities as herein provided. Except as provided in Subsection 1.3 of this agreement, it is not the intention of the parties to create, nor shall this agreement be construed as creating, a partnership, association, joint venture or trust, as imposing a trust or partnership covenant, obligation or liability on cr with regard to any one or more of the Participants, or as rendering the Participants liable as partners or trustees. No Participant or group of Participants shall be under the control of or shall be deemed to control any other Participant or the Participants as a group. No Participant as such shall be the agent of or have a right or power to bind any other Participant. 9.2 The Participants elect, under the authority of Section 761(a) of the Internal Revenue Code of 1954, to be excluded from the application of all provisions of Subchapter K of Chapter 1 of Subtitle A of the Internal Revenue Code of 1954. If the tax laws of the State of Texas hereafter contain provisions similar to those contained in Subchapter K of Chapter 1 of Subtitle A of the Internal Revenue Code of 1954 under which a similar election is permitted, the Participants agree to exercise such similar election. The Project Manager is hereby authorized to file such evidence as may be necessary to give effect to the election made in this Section 9.2. X. ACQUISITION OF REAL PROPERTY INTERESTS: Acquisition of the Lign:_te leases shall be based upon: (a) title opinions by counsel, title insurance, or other title show- ings or combinations of showings; and (b) such survey work and title curative work as the Pool Committee in its judgment, reasonably exer- cised, shall deem necessary. The purchase price and all costs and expenLes incurred in connection with locating of the Lignite and the acquisition of options to lease and leases, including, but not by limitation, title insurance premiums, abstracters, attorneys, sur- -9- veyors, nominees and land agents fees, title curative work, court costs and recording fees, shall be project costs borne by the Par- ticipants as provided in Subsections 2.1 and 2.2 hereof. XI. MISCELLANEOUS: 11.1 This agreement shall be governed by the laws of the State of Texas and shall apply to and bind all persons, firms, cor- porations or entities claiming by, through or under of the Partici- pants and upon any successor or assignee of any Participant. 11.2 This agreement shall become effective when it has been duly executed and delivered on behalf of all of the parties hereto and shall remain in force and effect, subject to prior termination by unanimous agreement by all Participants, until the abandonment of and final disposition of the Lignite. 11.3 Any notice, demand or request provided for in this agreement shall be deemed properly served, given or made if delivered in person or sent by registered or certified mail, prstage prepaid, to the Participants at the addresses specified below: City of Bryan P. 0. Box 1000 Bryan, Texas 77801 Attention: City Manager City of Denton Civic Center Denton, Texas 76201 Attention: City Manager City of Garland P. 0. Box 189 Garland, Texas 75040 Attention: City Manager City of Greenville P. 0. Box 1049 Greenville, Texas 75401 Attention: City Manager Brazos Electric Power Cooperative, Inc. 2404 LaSalle Waco, Texas 76701 Attention: General Manager Any Participant may, at any time, by written notice to all other Participants, designate different or additional persons or different addresses for the giving of notices hereunder. a 11.4 Each Participant agrees, upon request by the other Participants, to make, execute and deliver any and all documents and writings of every kind reasonably requested or required to implement this agreement. -10- 11.5 The captions and headings appearing in this agreement are inserted merely to fazilitate reference and shall have no bearing upon the interpretation chereo.f. 11.6 Each term, covenant and condition of this agreement is deemed to be an independent term, covenant and condition, and the obligation of any Participant to perform all of the terms, covenants and conditions to be kept and performed by it is not dependent on the performance of the other Participants of any or all of the terms, covenants and conditions to be kept and performed by them. 11.7 In the event that any off the terms, covenants or conditions of this agreement, or the application of any such term, covenant or condition, shall be held invalid as to any person or circumstance by any court having jurisdiction in the premises, the remainder of such agreement, and the application of its terms, cov- enants or conditions to such persons or circumstances shall not be affected thereby. 11.8 The Participants do not intend to create rights in or to grant remedies to any third party as a beneficiary of this agree- ment or of any duty, covenant, obligation or undertaking established therein. 11.9 Any waiver at any time by any Particpant of its rights with respect to a default or any other matter arising in connection with this agreement shall not be deemed a waiver with respect to any subsequent default or matter. 11.10 This agreement may be supplemented, modified or amended only by a written instrument executed by all of the Partici- pants. IN WITNESS WHEREOF, the ga rties beret ha a caused this agreement to be executed as of the a-tay of , 1975. CITY OF BRYAN ATTEST: 9Y MAYOR CITY OF DEDit SN ATTEST: BY: May ~ -11- CITY OF GARLAND ATTEST: BY: Mayor CITY OF GREENVILLE ATTEST: BY: Mayor BRAZOS ELECTRIC POWER COOPERATIVE, INC. ATTEST: BY: General Manager I -12- k>~ Y e\ f 1 -44 •i~. { 1 GENERAL TELEPHONE COMPANY OF THE SOUTHWEST Request for New Rates for Local J Telephone Service Denton, Texas Api 1ft-1475 `I i CERTIFICATION STATE OF TF" S X X COUNTY OF TOM GREEN X Before me, the undersigned authority, on this day personally appeared J. E. Graham, Vice President--Controller b Treasurer; T. J. McCallum, ing b ConstYUCtion• and R. Rex Bailey, Vice Pres__::,z-- Vice President--Fngineer " Revenue Requirc.ments of General Telephone Company of the Southwest and each having been by me first duly sworn oa oath, each for himself in his areas of authority certifies as follows: The books and records of the Company are maintained in conformity with the Uniform System of Accounts for Class A Telephone Companies prescribed by the Federal Communications Commission. The enclosed statement of exchange revenues and operating expenses, according to their beat knowledge and belief, are true and correct statements, prepared from the records of the Company. Depreciation rates as approved by Federal and State regulatory commissions and used by the Company in booking its depreciation expense have been applied to September 30, 1974 fair value .plant 1 in the determination of levelled depreciation expense. Apportionments of Common j Expenses are generally made on a basis consistent with that used for the separation of those expenses according to procedures prescribed in the "Separations Manual" which was prepared and issued by a joint staff of the National Association of Regulatory Utilities Commissioners (NARUC) and the Federal Communications Commission (FCC). The fair value of telephone plant is a statement of the present value of the Company's real and personal property used and useful in the rendition of flat rate exchange telephone service in the Denton exchange to which has been applied an allowance for age and condition. Rate base consists of ouch fair value plus cash-working capital, telephone plant under con- struction and materials and supplies associated with the Denton exchange operation, served by General Telephone Company o the Southwest. The separations procedures as outlined by the Federal Communications Covemission and the National Association of Regulatory Utilities Commissioners have been followed, thereby assuring the separation of local operations from total operations in matters of revenues, expenses and investments. E, GRAHAM R. REX BAILEY Vice President--Controller b Treasurer Vice President--Revenue yRquirements C OULUH . J . Pte Vice Pr sident--Engineering b Construction SUBSCRIBED AND SWORN TO BEFORE ME by the said J. E. GRAHAM T. J, MCCALLUti, AND R. REX BAILEY this the 7 `_A - day of Qi , A.D. 19_,5 _ to certify which witness my hand and seal of office. ,tumor ~t ►a~ Notary Public in and for TABLE I 'GENERAL TELEPHONE COMPANY OF THE SOUTH14EST Statement of Income Available for Return Local Exchange - Level Operations Twelve Months Ended September 30, 1974 Denton, Texas Request 6 Rate Account Titles Present Rate Adjustment Proposed Rates (a) (b) (c) (d) Operating Revenues 1. Local Service Revenues $3,228,923 $459,347 $3,6889270 2. Miscellaneous Revenues 161,182 161,182 3. Less: UTicollectible Operating Revenues 12,256 574 12,830 4. Total Operating Revenues $3,377,849 $458m77 3 $3,836,622 Operatic Expenses 6 Taxes 5. Haintenance Expenses $ 514,322 $ $ 5149322 6. Traffic Expenses 142,420 1429420 7. Commercial Expenses 187,425 187,425 8. General Office Salaries b Expenses 1499953 149,953 9. Other Operating Expenses 1159149 115,149 10. Depreciation 827,989 8279989 11, State 6 Local Taxes 2319332 179151 248,483 12. Other Federal Taxes 39,999 39,999 13. Total Operating Expenses 6 Taxes (Excl. F.I.T.) $2,208,589 17 151 $2L225,740 14. Net Operating Income Excl. F.I.T. X$191699260 $441,622 X$1,610,882 15. Leas: Federal Income Taxes $ 3909053 $211,978 $ 602,031 16. Interest During Construction $ 50.549 $ 50,549 17, Income Available For Return $829,756 229 64'r 1 059 400 TABLE II GENERAL TELEPHONE COMPANY OF THE SOUTIiWEST I Statement of Telephone Plant In Service Original Coat snd Depreciation Reserve Local ExchnnRe At September 30, 1974 Denton. Texas Account Original Depreciation Net Original Title Cost Reserve Cost (a) (b) (c) (d) .I. Land $ 890209 $ $ 89,209 2. Buildings 708,804 87,595 621,209 3. Central Office Equipment 293139068 5200067 1,793,001 4. Station Apparatus 1,443,106 2919591 19151,515 5. Station connections 192570445 12,771 1,2449674 6. Large PBX Equipment 870,950 101,523 7699427 7. Pole Lines 353,267 109,313 243,894 8. Aerial Cable 2;1170139 4409140 19676,999 9. Underground Cable 6649366 449624 569,742 10. Buried Cable 3702280 .189 380 3119900 11. Submarine Cable 12. Aerial Wire 239724 11365 229359 13. Underground Conduit 4709787 540747 416,040 14. Furniture s Office Equip. 70,867 249270 469597 15. Vehicles b Other Work Yquip. 363,305 148,782 214,523 16. Totals 011,116 131= 1 94512-.2!8 $9.171,089 • TABLE III GENERAL TELEPHONE COMPANY OF THE SOUTHWEST Statement of Telephone Plant In Service Current Cost and Allowance For Age S Condition Local Exchange At September 30, 1974 Denton, Texas Allowance Net Current For age & Current Account Title Coat Condition Coat (a) (b) (c) (d) 1. Land $ 132,213 $ $ 1320213 2. Buildings 9969926 123,201 8730725 3. Central Office Equipment 31390,137 752,764 2,6370373 4. Station Apparatus 198220996 3899928 19433,068 5. Station Connections 1,6799062 169681 1,662,381 6. Large PBX Equipment 191179616 130,215 987,341 7. Pole Lines 772,562 2399299 533,263 8. Aerial Cable 3,846,c26 799,690 300461936 9. Underground Cable 19086,698 154,771 9312921 10. buried Cable 6649608 104,785 5599823 11. Submarine Cable 12. Aerial Hire 450879 2 641 43 238 13. Underground Conduit 844,046 981154 7459892 14. Furniture S Office Equip. 1089331 379200 719131 15. Vehicles 6 Other Work Equip. 4519054 184 718 2669336 16. Totals 116,95.8,754 $3.0113 $13,92 4,641 TABLE IV CE14ERAL TELEPHONE COMPANY OF THE SOUT11WEST Statement of Rate Base and Rate of Return Local Exchange At September 30, 1974 Denton, Texas Present Proposed Rates Rates 1. Fair Value of Exchange Property (Average of Net Current Coat and Net Original Cost) $1195479865 $11,5'7,865 2. Plant Under Construction 712,426 712,426 3. Cash Working Capital 92,439 92,439 4. Materials and Supplies 59,039 59,039 5. 'Rate Base $12,411,769 112,411,769 6. Income Available for Return $ 8291756 $ 1,059,400 7. Rate of Return on Rate Base 6.69X 8.54% ~ ~ l NO. S- $ AN ORDINANCE REMOVING PARKING ON THE NORTH SIDE OF EAGLE DRIVE BE- TWEEN WELCH STREET AND I.O.O.F. STREET; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That the north side of Eagle Drive from Welch Street to I.O.O.F. Street shall not be used for the parking of vehicles or in any manner obstructed at any time, and the same shall be so posted by the proper authorities of the City of Denton. SECTION II. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any per- son or circumstances is held invalid by any court of competent jur- isdiction, such holding shall not affect the validity of the remain- ing 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. SECTION II:. That Section 1-5 of the Code of Ordinances of the City of Denton is incorporated into the ordinance as if set out in full herein, and the penalty by fine not to exceed Two Hundred ($200.00) Dollars is applicable hereto, and it is hereby declared unlawful to park any ve- hicle on such portion of Eagle Drive between Welch and I.O.O.F. Street as is posted or marked as a "No Parking Zone". SECTION IV. That this ordinance shall become effective fourteen (14) days from the date oi, 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) days of the date of its passage. PASSED AND APPROVED This the 1st day of April, A. D. 1975. BILL U, MAYOR CITY OF LLNTON, TEXAS ATTEST: R KS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: ---PAUL C. IS AM, CITY ATTORNEY CITY OF DENTON, TEXAS r e~ 1\ 7 I v c~S Ln 1 k . w~ We, the undersigned, either live in or own property in the immediate vicinity of the property which loc. Harold Wells has requested be rezoned from SF10 to HF1 and SF7. We strongly urge the denial of this request and the retention of the SF10 zoning classification for the entire area. We believe approval of the request would be detrimental to everybody, including the city, with the possible exception of the developer. We think it would lower property values and establish a pattern in this area of crowded apartments, small lots, and small houses. We ant to see the area upgraded, not downgraded, ~A 6d 1141, O, ~T- IJ 1 ' o~ r Y4. 44 10 c~ a H ' ~ trn ~7 L O tTl z n n n / t~r7 ~ M - ~ r 1r cn rd Nowlin Mmnder CERTIFICATE rider OF Ae der a Afe.a~Qer of Tomas. lnr INSURANCE 9 33: 7 :r:o, =r, ref ic,l vVv,In Tr.af iC?C: Telec"o a fitt 336-1111 To: Attn: City Engineer City Hall City of Denton Steed Construction Company Denton, Texas 76021 P. 0. Box 6254 Insured. Fort North, Tex.-s 76115 This is to certify that policies of insurance as described below have been issued to the insured named above and are in force at this time If such policies are canceled or changed during the peg. % of cs verage as stated herein, in such a manner as to affect this certificate, the Company shall e%lltt,IwU glvdwntten notice to the party designated for whom this certificate is issued. The insurance afforded is subject to all of the terms of the policy applicable thereto. 7ryr, of Inrrmnc• timil of i4biIiN 1 Ishq W hri*d Workmen's Compensation and Statutory Employer's Liability in the Stole of Tacos NC 507 422 + 4-12-75/76 Bodily Injury Liability- except Auto $ 300,000. each ocnlrrcnc,. ! Prop*" Damage Liability- ! S 100,000. each ocrlurrncr CA 770 596 4-I2-75/76 except Auto Includes Contractual Lia; $ 100,000. aggregate Bodily Injury Liability- $ 250,00f), each person Automobile S $00,00.1, L,II}i ~nlrn'nl,• J Gt 770 596 4-32-75/76 Property Damage Liobdity- $ 50,000. each r<currrnrr Automobile Umbrella Liability 1$2,000,000. *XS 666 875 4-12.75/76 Thn Certirscste of Irssurusce rseither affinstatively or negatively amends, extends or alters the coverage affordea by the above listed policies. Remarks: Above includes coverage HIMMINOUS FIRE AND 14ARINE INSURANCE COMPANY for Explosion, Collapse 'HOUSTON GENERAL INSURANCE COMPANY 4 underground damage M+ of lxtww Alexander ds Alexander of Taxes, Inc. AHnw,aM la}reNnlM.r* 4-19-75 Date ~r Q~ NO. ~5 -l0 AN ORDINANCE CANVASSING ELECTION RETURNS OF ELECTION HELD APRIL 1, 1975, TO ELECT THREE CITY COUNCILMEN. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That the City Council officially finds and determines that an election was duly ordered to be held in the City of Denton, Texas, on the 1st day of April, 1975, for the purpose of elect- ing three (3) members to said Council; that proper notice of said election was duly given; that proper election officers were duly appointed prior to said election; that said election was duly held; that due returns of the result of said election have been made and delivered; and that the City Council has duly can- vassed said returns; all in accordance with law. SECTION II. That the City Council officially finds and determines that only resident qualified electors of said City were allowed to vote at said election, and the following votes were cast at said election for each candidate and write-in, there being no other person receiving any votes at this election: Irving K. Pershing 401 votes Elinor Hughes 2,133 votes Barbara Smith 233 votes Ray Stephens 1,915 votes Bill Neu 1,453 votes Joe Mitchell 1,989 votes Richard 0. Stewart 1,412 votes Harral E. Landry 645 votes Stanford "Bud" Hauptmann 789 votes William Matthew Jamerson 465 votes William S. Nash 642 votes SECTION III. That the City Council officially finds, determines and de- clares the results of said election to be that Elinor Hughes, Joe Mitchell and Ray Stephens have each received the proper num- ber of votes to be elected, and that each of them is elected to said Council in accordance with law. PASSED AND APPROVED this the 7th dip of April, A. D. 1975• B -Mr, NEU, MAYOR CITY OF DENTON, TE%AS ATTEST y 0 , CI CRETARY~ CITY OF DENTON, T XAS APPROVED AS TO LEGAL FORM: PAUL C. CITY OF DENTON, TEXAS CERTIFICATE FOR CANVASS ORDINANCE THE STATE OF TEXAS I COUNTY OF DENTON Y CITY OF DENTON I. the undersigned City Secretary of said City, hereby certify as follows: 1. That the attached and following is a true, full, and cor- rect copy of an ordinance canvassing election returns duly passed by the City Council of said City at a special meeting held at the regular meeting place on the 7th day of April, A. D. 1975, which ordinance has been duly recorded in the Minutes of the City Council. 2. The following are the members and officers of said City Council: Bill Neu, Mayor Tom Jester, Mayor Pro-Tem Morris Kibler, Councilman L. A. Nelson, Councilman Terrell King, III, Councilman and all said persons were present at the time of passage q ~said ordinance except the following absentees: ,'y ;001 1 That said ordinance was introduced for the consideration of said City Council by its presiding officer and read in full, and upon motion duly made and seconded, said ordinance was passed by the following vote: AYES: 3 NOES: - O 4. That each of the members and officers of said City Council was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the aforesaid meeting, and each of said members and officers consented in advance to the holding of said meeting for such purpose. 5. That the City Attorney of said City has approved said ordin- ance; that the Mayor and City Secretary of said City have duly signed said ordinance; and that said ordinance was duly enacted. SIGNED AND SEALED this the Z day of April, A. D. 1975. i 0 5 OL , UITY SECRETARY CITY OF DENTON, TEXAS ~ ~ kS r f 3 Cli- p o • s y~) i~~] 1l ~ I 1 t J I i f ! `ai ~.i K' c.lY.a :v ti(' i > a ,~,t',~ as i'+.r 1♦ •~'J ,]'i]. No. 75. 7 AN ORDINANCE. ESTABLISHING TWO HOUR PARALLEL PARKING ON THE EAST SIDE OF LOCUST STREFT BETWEEN PECAN AND MCKINNEY STREETS; PRO- VIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; AND DECLARING AN EFFECTIVE DATE. 0 THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That parallel parking spaces be provided on the east side of Locust Street between Pecan and McKinney Streets and that those parking spaces be restricted to no more than two continuous hours, and the same shall be so posted by the proper authorities of the City of Denton. SECTION II. That if any section, subsection, paragraph, sentence, c2ause, 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. SECTION III. That Section 1-5 of the Code of Ordinances of the City of Denton is incorporated into the ordinance as if set out in full herein, and the penalty by fine not to exceed Two Hundred (#200.00) Dollars is applicable hereto, and it is hereby declared unlawful to park any vehicle in excess of two continuous hours on such por- tion of Locust Street between Pecan End McKinney Streets as is posted or marked "Two Hour Parking". SECTION 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) days of the date of its passage, PASSED AND APPROVED This the 1st day of April, A. D. 1975. B NET , AY R CITY OF DENTON, TEXAS ATTEST.,? .B O KS HOL , CITY SECRETARY CITY OF DENTON, TEXAS APPROVED kS TO LEGAL FORM: CAUL I HAM, CITY ATTORNEY CITY OF DENTON, TEXAS f~ y+ tp ` t f2 ~f 1'I ~1 yr f! in S 1. , S r , NO. ?5-b AN ORDINANCE PROHIBITING PARKING IN EXCESS OF TWO CONTINUOUS HOURS ON THE NORTH SIDE OF PECAN STREET BETWEEN LOCUST STREET AND AUSTIN STREET; PROVIDING A SEVERAHILITY CLAUSE; PROVIDING A PENALTY; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That parking on the north side of Pecan Street between Locust Street and Austin Street shall be restricted to no more than two continuous hours, and the same shall be so posted by the proper authorities of the City of Denton. SECTION 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. SECTION III. That Section 1-5 of the Code of Ordinances of the City of Denton is incorporated into the ordinance as if set out in full here- in, and it is hereby declared unlawful to park any vehicle in excess of two continuous hours on such portion of Pecan Street as is posted cr marked "Two Hour Parking". SECTION IV. That this ordinance shall become effective fourteen (lb) 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) days of the date of its passage. s. u PASSED AND APPROVED This the 1st day of April, A. D. 1975. BILL NEU, MAYOR CITY OF DENTON, TEXAS ATTEST; BR00 HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: PAUCITY ATTORNEY CITY OF DENTON, TEXAS r tl Y ► ~a r 'r t r"" r i - r f it'd r L'T+'r/t! C tc, .r rt 5 Y r 'i, .1~, W.. Ali' Lr r 1~ r ~ f f.r: N4f dr k`4 ;J -/,r fa 4`? '}f)ji~ 9 ;Ai »1 >t `iA `Sif •ORJ ~a S+.r ,ic {~F:~ ^ ~ ~t1~J ~ y t. 1yh}\~ 1 ;Zc f ~"r. N0. 75-1 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 LOT NO. 13.1, CITY BLOCK N0. 442, 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. 69-11 be, and the same is hereby amended as follows: All the hereinafter described property is hereby removed from the "SF-7" Single Family District as shown on said Zoning 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 "2-F" Two Family Dis- trict in the same manner as other property located in the 112-F" Two Family District; All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton State of Texas, and being Lot No. 13.1, City Block No. 442, and being further described as being located on the southeast corner of Denison Street and Fain Street in the City of Denton, Texas. 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 711. 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 1st day of April, A. D. 1975. wew OL BILL NEU, MAYOR CITY OF DENTON, TEXAS ATTES r PFOOKS OLT, CITY SECRETARY ITY OF DENTON, TEXAS i APPROVED AS TO LEGAL FORM: L ISHAMg CITY ATTQ_ CITY OF DENTON, TEXAS ~C~, r D S (IT ~ 4 ,o w {