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
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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
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$006" 040I`lhi-1.73
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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 $12,000.00 in federal funds for develop-
ment specified therein; and
WHEREAS, it is determined to be in the interest of City of
DENTON, TEXAS (termed "Sponsor" herein)
to accept this Grant Offer;
NOW, THEREFORE, BE IT RESOLVED that Sponsor does hereby accept the pro-
f visions of said Grant Offer, a copy of which is attached hereto and in.
corporated herein for all purposes,and, to evidence this acceptance, the
CITY MANAGER (Title) is hereby authorized and directed
to execute the Grant Offer on behalf of Sponsor.
PASSED, ADOPTED, AND EFFECTIVE THIS 11511! day of APR~t , 1975.0
C E R T I F I C A T I O N
I do hereby certify that the foregoing is a true and correct copy of a
resolution duly passed and adopted by Sponsor's Gover g Body.
C ignature)
' APR~~ ~b 19'15
(pate ~p Certiffiicat gROOkg No~z
APPROVED V 4'0 Lt~GAL FORM: (printed/Typed Name and Title
C.rt S~cstt,~-Ati~t , GTY of 0~ron~
Paul Isham, C ty Attorney
1 (Std. GO Reso-ASWRO-23 Dec.74)
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AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON$
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
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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
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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,
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•
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
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l~oietl ~sta~pyp o 5 2 in
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date tnd time ume ° S SIamD~ tiv
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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
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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
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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.
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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
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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
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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
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,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
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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
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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
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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
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County Clerk
tS ezas
(L s) By_ ........7. , putt'
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_ .r`.. va 742
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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.
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1~~ ,1I I•,~,,, ,~Ifl.,, ~~.,.,,~,I. .I N~(rll PACE
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portions of this document not
ap rnrAucibla fbea worded M
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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
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06
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01
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(A K
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Z16I0''i I t ~~Ir l'
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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
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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
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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•
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Vii'. , t ~ r , S
►va 142 PAGE 590
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°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
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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
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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,
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Mmnder CERTIFICATE
rider OF
Ae der a Afe.a~Qer of Tomas. lnr INSURANCE
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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,.
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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.
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4-19-75
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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
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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.
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0 5 OL , UITY SECRETARY
CITY OF DENTON, TEXAS
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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
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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.
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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
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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.
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BILL NEU, MAYOR
CITY OF DENTON, TEXAS
ATTES r
PFOOKS OLT, CITY SECRETARY
ITY OF DENTON, TEXAS
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APPROVED AS TO LEGAL FORM:
L ISHAMg CITY ATTQ_
CITY OF DENTON, TEXAS
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