HomeMy WebLinkAbout08-1972
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NO.._~ O
AN ORDINANCE AMENDING CHAPTER FIVE, ARTICLE II, SECTION 5-14
OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, PRO-
VIDING FOR TW^ ALTERNATE MEMBERS OF THE BUILDING CODE BOPRD;
PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON* TEXAS, HEREBY ORDAINS:
PART I.
A. That the Code of Ordinances of the City of Denton,
Texas, is hereby amended and changed in the following particu-
lars:
B. Chapter Five, Article Ii, Section 5-14 Subsection (f)
is hereby amended to read as follows:
"(f) Volume I, Section 204 is deleted and amended to read
as follows:
(a) Building Code Board - Creation
There is hereby created a Building Code Board consisting of
five (5) members, each to be appointed by the City Council for
a term of two (2) years, and removable for cause by said Council
after public hearing. Initially, however, all five (5) members
shall be appointed for a term to expire coincidently with other
city boards, to serve ui.til their successors are appointed. To
the extent that persons are available within the City, said board
shall consist of one (1) general contractor, one (1) architect,
one (1) engineer, and two (2) additional members, who shall all
reside within the City. Provided, howevex, that the City Council
may appoint two (2) alternate members of the Building Code Board
who shall serve in the absence of one or more of the regular mem-
bers when requested to do so by the City Manager, as the case may
be, so that all cases to be heard by the Building Code Board will
always be heard by a minimum number of four (4) members. The
alternate members, when appointed, shall serve for the same period
as the regular members, which is for a term of two (2) years and
any vacancy shall be filled in the same manner and they shall be
subject to removal the same as the regular members. The City
Council may appoint ex officio members to this board, to have a
voice in all matters before it, but who shall have no vote. The
Chief Building Official shall be an ex officio member of the
board.
(b) Procedure and Powers.
The Board shall adopt rules to govern its proceedings provided
that same are consistent with the Code of the City of Denton and
Statutes of the State of Texas. The Building Code Board shall
have the same powers and duties on matters concerning chapter Five
of the Code of ordinances as the Board of Adjustment has on matters
concerning, and arising from, the zoning Ordinance, including the
following:
(a) Elect a chairman, who may administer oaths, and
compel the attendance of witnesses;
(b) Hear and determine, by a four-fifths (4/5) vote
of the members, appeals from any decision of the
Chief Building official made pursuant to Chapter
Five other than Article IV after proper notice has
been given;
(c) By a four-fifths (4/5) vote of the members, grant
variances to any provision of Chapter Five, other
than Article IV, subject to appropriate conditions
and safeguards, and after a determination by the
Board that a hardship exists which would be cured
by the particular variance sought;
(d) Maintain jurisdiction of questions involving Article
IV of said Chapter as authorized therein."
PART II.
That if any section, subsection, paragraph, sentence, clause,
phrase or word in this ordinance, or application thereof to any
person or circumstances is held invalid by any court of competent
jurisdiction, such holding shall not affect the validity of the
remaining portions of this ordinance, and the City Council of the
City of Denton, Texas, hereby declares it would have enacted such
remaining portions despite any such invalidity.
PART III.
That this ordinance shall become effective immediately upon
its passage.
PASSED AND APPROVED this the 22nd day of August, A. D. 1972.
L NE U* YOR
CITY OF DENTON, TEXAS
ATTEST:
B40'O S HOLT, ' CST SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
1,
W. RALPH MANN,, CITY ATTORNEY
CITY OF DENTON, TEXAS
S(~or
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CERTIFICATE FOR ,
ORDINANCE DIRECTING THFrISSUANCE OF NOTICE OF SALE OF BONDS-
THE STATE OF TEXAS
COUNTY OF DENTON :
CITY OF DENTON
We, the u:dersigned officers of said City, hereby certify
as follows:
1. The City Council of said City convened in
REGULAR MEETING ON THE 22ND DAY OF AUGUST, 19721
at the Municipal Building (City Hall), and the roll was called of
the duly constituted officers and members of said City Council,
to-wit:
Brooks Holt, City Secretary Bill Neu, Mayor
Tors Jester Harold L. Ramay
Morris Kibler George Schneider
and all of said persons were present, except the following
absentees: ,
thus constituting a quorum. Whereupon, among other business,
the following was transacted at said Meeting: a written
ORDINANCE DIRECTING THE ISSUANCE OF NOTICE OF SALE OF BOLDS
was duly introduced for the consideration of said City Council
and read in full. It was then dtXly moved and seconded that said
Ordinance be passed; and, after due discussion, said motion,
carrying with it the passage of said Ordinance, prevailed and
carried by the following vote:
AYES: All members of said City Jouncil
shown present above voted "Aye".
NOES: None.
2. That a true, full, and correct copy of the aforesaid
Ordinance passed at the Meeting described in the above and fore-
going paragraph is attached to and follows this Certificate;
that said Ordinance has been duly recorded in said City Council's
minutes of said Meeting; that the above and foregoing paragraph
is a true, full, and correct excerpt from said City Council's
minutes of said Meeting pertaining to the passage of said Ordi-
nance; that the persons named in the above and foregoing paragraph
are the duly chosen, qualified, and acting officers and members of
said City Council as indicated therein; that each of the officers
and members of said City Council was duly and sufficiently noti-
fied officially and personally, in advance, of the time, place,
and purpose of the aforesaid Meeting, and that said Ordinance
would be introduced and considered for passage at said meeting,
and each of said officers and members consented, in advance, to
the holding of said Meeting for such purpose; and that said Meet-
ing was open to the public, and public notice of the time, place,
and purpose of said meeting was given, all as required by Vernon's
Ann. Civ. St. Article 6252-17.
3. That the Mayor of said City has approved, and hereby
approves, the aforesaid Ordinance; that the Mayor and the City
Secretary of said City have duly signed said Ordinance; and that
the Mayor and the City Secretary of said City hereby declare that
their signing of this Certificate shall constitute the signing of
the attached and following copy of said Ordinance for all pur-
poses.
SIGNED AND SEALED the 22nd day of August, 19720
ity Secrete y Mayor
(SEAL)
Net the undersigned, being respectively the City Attorney and
%:he Bond Attorneys of the City of Denton, Texas, hereby certify
that we prepared and approved as to legality the attached and
following Ordinance prior to its s /e a fo a aid.
Cjjtj At o ney
nd ttorneys
ORDINANCE NO. 72-37
ORDINANCE DIRECTING THE ISSUANCE OF
NOTICE OF SALE OF BONDS
THE STATE TEXAS
COUNTY OF DENTON
CITY OF DENTON
THE COUNCIL OF THE CITY OF-DENTON HEREBY ORDAINS:
1. That the City Secretary is directed to issue a
Notice of Sale of Bonds in substantially the following form:
"OFFICIAL NOTICE OF SALE
CITY OF DENTON, TEXAS
$1,500,000
WATER AND SEWER SYSTEM REVENUE BONDS,
SERIES 1972
The City Council of the City-of Denton, Denton County,
Texas, will receive sealed bids at the Municipal Build-
ing in the City of Denton until:
10:30 A.M., C.D.T., Tuesday, September 26, 1972
for the purchase of:
$1,500,000 Water and Sewer System Revenue Bonds, to be
dated September 15, 1972, and to mature sera y on July
15 each year 1974 through 1993.
Sealed bids, plainly marked "Bid for Bonds", should be
addressed to "Honorable Mayor and City Council, City of
Denton, Texas", and must be submitted on the "Official
Bid Form" to be made available by the City Council prior
to the date of sale.
All sealed bids will be publicly opened and tabulated be-
fore the Council.
Copies of the "Official Statement" and "Official Bid Form"
are being prepared and will be mailed to prospective
bidders on or about September 121 1972, and will be fur-
nished to any prospective bidder upon request, by First
Southwest Company, Mercantile Bank Building, Dallas,
Texas, 75201, Financial Advisors to the City.
The City reserves the right to reject-any and all bids
and to waive any and all irregularities.
By order of the City Council of the City of Denton, Texas.
BROOKS HOLT
City Secretary
City of Denton, Texas".
2. That said Notice shall be published once in The
Bond Buyer* New York, New York, which is a national publication
regularly and primarily carrying financial news and municipal
bond sale notices; and said Notice also shall be published once
in the "Denton Record-Chronicle", which has been designated as
the official newspaper of the City of Denton. Said publications
shall be made at least thirty days prior to the day set for re-
ceiving bids.
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NO.
AN ORDINANCE AMENDING THE CODE OF THE CITY OF DENTON, TEXAS, BY
PROVIDING A NEW ELECTRICAL CODE FOR THE CITY OF DENTON, TEXAS;
PROVIDING A PENALTY FOR VIOLATIONS; AND DECLARING AN EFFECTIVE
DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
PART ONE.
That Chapter Nine of the Code of Ordinances is hereby re-
pealed and supplanted by adding new Chapter Nine, sections 9-1
through 9-52, which Code shall hereafter read as follows:
CHAPTER NINE
Electrical Code
Article I. In General
Sec::ion 9-1. Compliance with National Electrical Code, 1971
Edition, required.
(a) All electrical construction, alteration, replacement, re-
pair and all material and apparatus used in connection with elec-
trical work and the placement and operation of all electrical appa-
ratus in the city shall be in strict compliance with the standards
established by the 1971 Edition of the National Electrical Code,
such code being the publication of the National Board of Fire Under-
writers for Electric Wiring and Apparatus as recommended by the
National Fire Protection Association.
(b) The electrical inspector shall keep a copy of the 1971
Edition of the National Electrical Code in his office at all time for
public inspection and use.
Section 9-2. Hazardous wiring, etc., endangering public safety.
In the event the electrical inspector discovers any electric
apparatus, device, wire or condition which is constructed or main-
tained so as to constitute a hazard to the public safety, he shall im-
mediately notify the director of utilities who shall cause electrical
service to be discontinued to the affected installation, room, build-
ing, premises or area until the condition has been corrected.
1.
Section 9-3. Authority to suspend service for noncompli-
ance with chapter.
In the event the electrical inspector determines that any in-
spected wiring, installation, repair or alteration does not comply
in every respect with the provisions of this chapter, or if any
such work is done or supervised by a person who is not a holder of
a current master electrician's license, it shall be the duty of the
electrical inspector to immediately notify the director of utilities
of such fact in writing, and upon such written notice being given it
shall be unlawful for any person or any employee of the city to con-
nect an}► part of such wiring, installation, repair o. alteration with
any electric power line operated or used by the city, and if such
connection has been previously made, the director of utilities shall
cause the same to be disconnected and no connection or reconnection
shall be made until all violations have been corrected to the satis-
faction of the electrical inspector.
Section 9-4. Liability not affected by chapter provisions.
No provision of this chapter shall be construed so as to lessen
the liability of any person installing, changing, altering or re-
pairinu any electrical wiring or apparatus, or causing the same to
be done, for damages to anyone injured thereby, nor shall the city
be held to assume any liability by reason of the inspections auth-
orized herein, or any certificate or license issued under the pro-
visions of this chapter.
Section 9-5. Concealed wiring.
Permission of electrical inspector required. No persois, firm
or corporation shall conceal, or cause to be concealed any electric
wiring or apparatus, except with the express permission of the elec-
trical inspector, and the electrical inspector is hereby authorized
to remove, or cause to be removed any material whatsoever which may
conceal any electric wiring or apparatus contrary to this article.
-2-
Notice of Inspection. Upon completion of the inspection of
any electric wiring or apparatus designed to be concealed which
is found to be in full compliance with the provisions of this
chapter the electrical inspector shall post a notice of inspec-
tion at the distribution panel and the posting of said notice
shall constitute permission to conceal said electric wiring or
apparatus.
Section 9-6. Minimum standards of work.
in all new work or revisions of old work, new knob and tube
wiring systems shall not be used for interior wiring in the city.
All work shall be in metal conduit except single and multi-
family residences. Other specific exceptions may be permitted
with a written permit from the city electrical inspector authoriz-
ing such specifications.
All wiring in single and multi-family residences may be in-
stalled with non-metallic sheathe cable which shall not be less
than No. 14 gauge as approved in the National Electrical Code.
Aluminum wire smaller than No. 6 gauge shall be prohibited.
Aluminum wire No. 6 and larger may be used only with approved con-
nectors and terminals.
Section 9-7 - 9-16. Reserved.
Article II. Electrical Inspector
Section 9-17. Office created; qualifications.
There shall be an electrical inspector for the city, who shall
be appointed by the chief building official subject to the approval
of the city manager.
The electrical inspector shall be a competent electrician well
versed in the provisions of this chapter, the National Electrical
Code and general accepted trade practices.
Section 9-18. Powers and duties generally; interfc~ence with.
(a) It shall be the duty of the electrical inspector to en-
force the provisions of this chapter and to keep a record of all
electrical wiring and apparatus inspected by him.
-3-
(b) The electrical inspector shall be given free and prompt
access to any place of public accommodation for the inspection of
any electrical wiring or apparatus within the city, and it shall be
unlawful for any person to interfere with or hinder the electrical
inspector while he is acting in the line of duty.
(c) it shall be the duty of the electrical inspector to be-
come a member of the international Electrical Inspectors Association
and to be an active member thereof. The electrical inspector's
annual fees to the Association shall be paid by the city.
Section 9-19 - 9-26. Reserved.
ARTICLE III. Master and Journeyman Electrician
Section 9-29. License-Required.
It shall be unlawful for any person to install electric wiring
or apparatus or to make any repairs, alterations, additions or changes
to electric wiring or apparatus used in connection x '1 electric light-
ing, heating, or power, unless such person shall hai•e previously ob-
tained a master or journeyman electrician's license Prow the electri-
cal inspector of the city, or unless such person is a bona fide em-
ployee working under the direct supervision of a licensed electrician.
Section 9-30. Same-Examination.
To obtain a master or journeyman electrician license, an appli-
cation shall be made in writing through the office of the chief build-
ing official of the City of Denton. The application shall show the
applicant's name and such other information as hereinafter prescribed
by this ordinance or by the electrical code board.
Applicants for master electrician's license shall show evidence
of having had at least five (5) years experience in the installation,
alteration, repair and maintenance of electrical equipment, wiring
and apparatus and/or experience considered equivalent thereto by the
electrical code board. Applicants shall furnish the name and add-
ress of former employers, period of time employed and in what capacity,
-4-
proof of which shall be furnished in a manner satisfactory to
the electrical code board. Every applicant shall be required to
answer a reasonable number of questions in writing to show suffi-
cient knowledge and technical training to plan, perform and/or
supervise the work and the installation, alteration, repair of
electri-al equipment, wiring, and apparatus authorized by permits
issued by the electrical inspector's office.
Applicants for a journeyman electrician's license shall show
evidence of having had at least three (3) years experience in the
installation, alteration, and repair of electrical equipment, wir-
ing, and apparatus and/or equivalent experience acceptable to the
electrical code board. Every applicant shall be required to answer
a reasonable number of questions in writing to show that he has
sufficient knowledge and technical training to perform the work
under the supervision of a master electrician.
After having successfully passed the required examination,
a master or journeyman electrician shall be issued a certificate
of licensing showing that he has the necessary qualifications to
perform the work so licensed by the requirements of this code.
Every holder of a certificate of master or journeyman elec-
trician's license shall carry his registration card or certificate
on his person at all times while doing electrical work in the City
of Denton and shall produce and exhibit it when requested by any
inspector or officer of the city.
Whenever any parson makes application for a master or journey-
man electrician's license, the chief building official shall so in-
form the electrical code board in sufficient time to permit the board
to review the pending application and if time permits, examine the
applicant at the next regularly scheduled meeting of the board. When
considered necessary the chairman of the electrical code board can
set a special time and date for examining the applicant.
-5-
The electrical code board shall prescribe a reasonable exami-
nation of a uniform, fair and impartial nature to determine the
applicant's familiarity with the provisions of this code and the
National Electrical Code and generally accepted trade practices
and that the applicant is capable of making and supervising in-
stallations in accordance therewith.
Examinations shall be in writing, provided, (1) that under
certain conditions when considered necessary by the Electrical
Code Board the examination may be given orally, provided that oral
examinations shall be witnessed by a majority of the board and
attested to the secretary in the form of a written report which
shall be filed for record (2) that the board shall conduct exami-
nations with utmost fairness and patience and should any applicant
fail in any examination, the board shall appraise the applicant, so
far as it may be practicable to do so, wherein the applicant is de-
linquent or fails to meet in a reasonable manner the requirements
of examinations; (3) that any unsuccessful applicant may make appli-
cation for re-examination at such time as may be prescribed by the
rules adopted by the board; (4) that nothing herein contained shall
deny any applicant the right to be heard on any new application at
a later time, provided the applicant shall comply with the other
provisions of the ordinances and the rules adopted by the board.
If application for a journeyman's license is made prior to
January 1, 1973, along with the payment of the required fee for a
journeyman's license, the electrical inspector may issue a certifi-
cate of license, without oral or written examination, to any journey-
man electrician who shall submit evidence satisfactory to the board
that he is qualified in accordance with provisions of this section
-6-
provided that such applicant was practicing journeyman electri-
cians work at the time this ordinance became effective. After
December 31,1972,the electrical inspector shall issue certifi-
cates of licensing only by written/exammination as provided for
in this chapter.
Section 9-31. Same-Fees.
initial license fee. An initial license fee of one hun-
dred (5100.00) dollars shall be paid in advance by each person
licensed as a master electrician by the electrical inspector,
and an initial license fee of twenty ($20.00) dollars shall be
paid in advance by each person licensed as a journeyman electrician
by the electrical inspector.
Renewal fee. A fee of twenty ($20.00) dollars shall be paid
annually by each holder of a master electrician's license for the
renewal of the license, and a fee of five ($5.00) dollars shall be
paid annually by each holder of a journeyman electrician's license
for the renewal of the license.
Section 9-32. Same-Issuance; Term.
(a) Each applicant approved by the examining board shall be
issued a master or journeyman electrician's license by the electri-
cal inspector upon the payment of the required fees.
and journeyman
(b) Each master Alectrician's license shall automatically ex-
pire on December 31st of the year of issuance unless the required
annual renewal fee is paid in advance of the expiration date.
-7•
Section 9-33. Same-Revocation.
Any failure on the part of the holder of a master electri-
cian's license or any employee working under him to comply with
the provisions of any ordinance of the city regulating the in-
stalling, repairing, changing, or altering of any electrical
wiring or apparatus, and after careful review by the Electrical
Code Board, the Board may deem such failure to be sufficient cause
for revoking the license, together with all rights and privileges
thereunder, and recovery of the proceeds of the bond described in
Section 9-34, if so judged by the board.
Section 9-34. Bond.
(a) Prior to the issuance of electrical permits, the master
electrician shall have on file with the city a corporate surety
bond in the amount of one thousand ($1,000.00) dollars, payable
to the city manager and his successors in office, conditioned that
the applicant and employees working under him shall faithfully
comply with all ordinances of the city regulating the installing,
changing, repairing or altering of electric wiring or apparatus,
and that all contracts for such work will be faithfully performed.
(b) The proceeds of the bond shall be available to the city
or any person having a cause of action arising out of the instal-
lation, changing, repairing or altering of electrical wiring or
apparatus by the principal or any employee working under his super-
vision.
Section 9-35. Chief Electrician.
Appointment by partnerships, associations, firms, etc., re-
ug iced. Any partnership, association, firm, company or corporation
desiring to engage in the business of installing, repairing, chang-
ing or altering any electrical wiring or apparatus shall first
appoint a chief electrician whose name and address shall be on file
- 8-
with the city and who shall obtain a master electrician's license
before any such partnership, association, firm, company or corpo-
ration shall be authorized to engage in such business in the city.
Responsibility of chief electrician. Each chief electrician
shall be fully responsible for the work of all employees of the
partnership, association, firm, company or corporation and shall
be directly liable for all damages, injuries or violations of law
arising from the work of such employees.
Section 9-36 - 9-45. Reserved.
ARTICLE IV. Work Permits and Fees
Section 9-46. Required.
It shall be unlawful for any person to install, change, alter,
or repair any electric wiring or apparatus in the city (except rou-
tine repairs such as replacement of fuses and lamps and the alle-
viation of short circuits) unless such person has obtained a permit
in writing from the chief building official to perform suoh work.
Section 9-47. Fees.
The following inspection fees shall be paid to the city prior
to the issuance of any permit required by this article:
Service at rated capacity.
Per ampere $ .01
Lighting and power circuits.
First four circuits 1.00
Next five to fifty circuits (each) .25
All over fifty circuits (each) .10
Motors (one horsepower or more)
One to three motors (each) 1.25
Over three motors (each) .50
Small motors fractional horse er for
ventilating* cooling or heating ans.
First five motors 1.25
All over five motors (each) .10
.9-
Current consuming outlets.
First twenty-five outlets $1.25
Next twenty-six to fifty outlets (each) .05
All over fifty outlets (each) .02
Fixtures, ceiling fans or neon or cold
cathode transformers for interior g ting.
First fifty fixtures, etc. 1.25
All over fifty (each) .02
Electric sign circuits.
Per circuit (each neon transformer as
one circuit) .25
Minimum fee.
Minimum fee for any one permit 2.50
Separate permits.
A separate permit shall be required for
each separate building, store space, or
apartment, whether such unit is metered
separately or conjunctively, and a ser-
vice permit shall be taken on all such
units whether supplied from a central
metering station or directly from an
electricity supply agency, except that
in trailer courts, the individual trailer
disconnect switches shall not be deemed
services.
Delinquent Permit Fee.
For each job started where an electrical
permit is not obtained within seventy-two
hours (Saturdays, Sundays and legal holi-
days excepted) 5.00
Section 9-48. To be returned after issuance of certificates
of satisfactory inspection.
Whenever the electrical inspector has inspected and approved
any installation, he shall issue a certificate of satisfactory in-
spection.
Section 9-49. Reserved.
ARTICLE V. Electrical Code Board
Section 9-S0. Electrical Code Board created; appointment,
removal of members.
There is hereby created an electrical code board consisting of
five (5) members, each to be appointed by the City Council for a term
of two (2) years, and removable for cause by said council after pub-
Iic hearing. Initially* however, all five (5) members shall be
'-IO-
appointed for a term to expire coincidently with other city boards,
to serve until their successors are appointed. To the extent that
persons are available within this city, the said board shall con-
sist of one (1) licensed master electrician, one (1) electrical
contractor, one (1) building contractor, one (1) electrical engi-
neer, and one (1) layman, who shall all reside within the city.
Provided, however, that the City Council may appoint two (2) alter-
nate members of the Electrical Code Board who shall serve in the
absence of one or more of the regular members when requested to do
so by the city manager, as the case may be, so that all cases to
be heard by the Electrical Code Board will always be heard by a
minimum number of four (4) members. The alternate members, when
appointed, shall serve for the same period as the regular members,
which is for a term of two (2) years and any vacancy shall be filled
in the same manner and they shall be subject to removal the same as
the regular members. The City Council may appoint ex officio mem-
bers to this board, to have a voice in all matters before it, but
who shall have no vote.
Section 9-51. Same - Procedure and powers.
The board shall adopt rules to govern its proceedings provided
that same are consistent with the Code of the City of Denton and
Statutes of the State of Texas. The Electrical Code Board shall
have the same powers and duties on matters concerning Chapter Nine
of the Code of ordinances as the building Code Board, including
the following:
(a) Elect a chairman, who may administer oaths# and compel
the attendance of witnesses;
(b) Hear and determine, by a four-fifths (4/5) vote of the
members, appeals from any decision of the electrical
inspector made pursuant to Chapter Nine after proper
notice has been given;
(c) By a four-fifths (4/5) vote of the members, grant vari-
ances to any provision of Chapter Nine, subject to
appropriate conditions and safeguards, and after a de-
termination by the board that a hardship exists which
would be cured by the particular variance sought.
Section 9-52. Same - Additional duties.
The board shall with the assistance of the electrical inspec-
tor, director of public utilities, and city attorney, review the
existing electrical codes, pertinent standard or model codes, and
-11-
present to the City Council its recommendation on the adoption of
a new, more comprehensive, electrical code.
PART TWO.
That if any section, subsection, paragraph, sentence, clause,
phrase or word in this ordinance, or application thereof to any
person or circumstances is held invalid by any court of competent
jurisdiction, such holding shall not affect the validity of the
remaining portions of this ordinance, and the City Council of the
City of Denton, Texas, hereby declares it would have enacted such
remaining portions despite any such invalidity.
PART THREE.
That all ordinances or parts of ordinances in force when the
provisions of this ordinance become effective which are inconsis-
tent or in conflict with the terms or provisions contained in this
ordinance are hereby repealed to the extent of any such conflict.
PART FOUR.
That this ordinance shall become effective ninety (90) days
from the date of its passage and the City Secretary is hereby di-
rected to cause the caption of this ordinance to be published twice
in the Denton Record-Chronicle within ten (10) days of the date of
its passage.
PASSED AND APPROVED this they day of
A. D. 1972.
MAYOR
CITY OF DENTON# TEXAS
ATTEST%
tGXTY SECRETARY CI
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
I AMMM
CITY OF DE 910H, TEXAS
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N0. -102--s-8
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS
SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY
OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO
CITY LOT 14, CITY BLOCK 150, AS SHOWN THIS DATE ON THE OFFICIAL TAX
MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED
THEREIN; AND DECLARING AN EgFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON$ TEXAS, HEREBY ORDAINS:
SECTION I.
That the Zoning Map of the City of Denton, Texas, adopted January 14,
1969, as an Appendix to the Code of Ordinances of the City of Denton,
Texas, under provisions of Ordinance 69-1, be, and the same is hereby
amended as follows:
All the hereinafter described property is hereby removed from the "MF-1"
Multi-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 "NS" Neighborhood Service Dis-
trict in the same manner as other property located in the "NS" Neighbor-
hood Service 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 City Lot 14,
City Block 150 and being further described as being located on the north-
west corner of the intersection of Frame and Withers Street.
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 appropriate uses of land for the maximum bene-
fit to the City of Denton, Texas and its citizens.
SECTION III.
That this ordinance shall be in full force an3 effect immediately after
its passage and approval, the required public hearings having heretofore
been held by the Planning and Zoning Commission and the City Council of
the City of Denton, Texas, after giving due notice thereof.
PASSED AND APPROVED this the 8th day of August, A. D. 1972.
&
BI E , MAYUK
CITY OF DENTON, TEXAS
ATTEST•
MWOKS OLT, CI
-CITY OF DENTON, TEXAS
APPROVED A TO LEGAL FORM:
ALP , C Y IEY
CITY OF DBN , TEXAS
Sr,
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THE STATE OF TEXAS j
( WATER SUPPLY CONTRACT
COUNTY OF DENTON
THIS AGREEMENT (hereinafter called this "Agreement") made this 319
day of August, 1972, by and between the Town of Corinth (hereinafter caged
"Corinth"), a Municipal Corporation organized under the laws of the State of Texas,
and the Town of Hickory Creek (hereinafter called "Hickory Creek"), o Municipol
Corporation organized under the laws of the State of Texas:
WITNESSETH
WHEREAS, because of increasing development within the corporate limits of
Hickory Creek, the Town Commission of Hickory Creek has determined it to be necessary
and required in the public interest that it develop or cause to be acquired, developed
and extended within its corporate limits a water distribution system and a sewerage
collection system, and to that end Hickory Creek has entered into an Initial Water
and Sewerage System Development Agreement in the form and substance, but without
its exhibits, attached hereto as Exhibit A (hereinafter called "Reeves Agreement")
with Mr. J. Neal Reeves, on individual, and Hickory Creek Development Corporation,
a Texas Corporation of which Reeves is o major owner of the outstanding capital stock,
and both of which are proposed developers within Hickory Creek; and
WHEREAS, Hickory Creek desires K. reby to obtain a treated water supply
from Corinth for furnishing water to the citizens and inhabitants of Hickory Creek,
initiolly through its system constructed and acquired under the Reeves Agreement and
subsequently, as needed, within the limits herein stated, through other portions of
Hickory Creek's water system hereafter ocquired; and
WHEREAS, within the limits herein stated, as aforesaid, Corinth desires to
and has agreed to supply treated water to Hickory Creek for said purposes, subject,
however, to the approval of this Agreement by the City of Denton, Texas (hereinafter
called "Denton"), as required by the terms of a certain "Water Supply Contract"
between Corinth and Denton, doted March 25, 1971; and
WHEREAS, this Agreement is executed under and pursuant to the authority
granted to local governments, including cities and towns of the State of Texas,
under the Interlocol Cooperation Act, Article 1581h, Vernon's Texas Civil Statutes,
as amended;
NOW, THEREFORE, in consideration of the premises and the mutual agree-
ments herein contained, and of other good and valuable consideration, Corinth and
Hickory Creek have agreed and do hereby agree as follows:
1. The Torn of Corinth agrees to sell and deliver treated water to Hickory
Creek, and Hickory Creek agrees to purchase treated water from Corinth, subject
to conditions stated hereinafter.
2. Corinth, to the best of its ability but subject to the needs of its own water
system within its corporate limits and subject to availability from Denton, shall provide
treated water of the below named designated point of connection of Hickory Creek's
facilities with the Corinth water system, in sufficient quantities to meet all reasonable
requirements of tfickory Creek's customers (subject to availability, as aforesaid) 60
in on ft-met not less than 100,000 gallons of treated water daily. A maximum rate at
which Hickory Creek may take water from the Corinth water system is fixed at that
rate which. 1 maintained consistently through a period of twenty-four (24) hours,
would provide the total quantity of water necessary to supply the maximum daily
requirements of all the customers regularly supplied with Corinth water through Hickory
Creek's facilit'es. Hickory Creek shall provide and utilize sufficient controlled
storage facilities so that Hickory Creek shall be in a position to meet the demands of
its customers without drawing upon the Corinth water system of any rate in excess of
the above stated rate. Initially, said awxim..n doily requirements are hereby
established as 100,1:30 gallons, and the maximum rote at which Hickory Creek
may take water from the Corinth Water System is hereby established as the rate of
100,000 gallons per day.
3. Hickory Crook shall maintain suitable records of the numbers and sizes
of the service connections and the number of persons supplied with Corinth water
through Hickory Creek's facilities. These records shall be available to Corinth of
u!) reasonable times. A►inually, on or ahoot April 3st, if it shall appear that either
the number of persons supplied by Hickory Creek with Corinth water or the average
per capita maximum daily requirements of those persons, or both, are such as to
change significantly the !xt determined maximum rate of draft of Corinth worst by
Hickory Creek, then the said maximum rate shall be redetermintd on the basis of
the latest available doto. If after April 1st in any year the situaticn should be
materiolly changed by reason of Increased users or usage, or both, which could not
have been foreseen or determined on April 1st, then such a redetermination shall be
mode at that time upon a basis mutually agreed by the parties.
4. The dist-.oution of Corinth water by Hickory Creek shall be limited to
the area within the corporate limits of Hickory Creek, provided that Hickory Creek
may be permitted to supply water to such specific customers or areas outside its
corporate limits as from time to time may be approved by Denton and Corinth upon
application by Hickory Creek.
2
•i.
5. Water shall be delivered by Corinth to Hickory Creek of the following
location: At a point on South Garrison approximately 1,500 feet north of the
intersection of South Garrison and Farm-to-Market Rood 2181, and of such
other points as may, from time to time, be mutually agreed upon by the parties
hereto.
6. All water furnished shall be measured by master meters installed at the points
of delivery. All master meters shall be furnished and installed by Corinth at the expense
of Hickory Creek. Corinth agrees to maintain said master meters on(: to cause such
repairs and/or adjustments as may from time to time be necessary, to be promptly mode.
Such repairs shall be mode at no expense to Hickory Creek unless it con be shown
that the necessity for such repoirs was brought about by an improper act or neglect
on the port of Hickory Creek. Hickory Creek agrees to accept Corinth's estimate
of quantities of water supplied during all periods in which the master meters fail to
measure correctly oil water supplied Hickory Creek provided there is reasonable basis
for such estimates.
7. (a) It is mutually understood and agreed that the charges shall be established
as follows:
(i) The commodity charge shall be 55 cents per 1,000
gallons withdrawn by Hickory Creek.
(ii) The annual rate of use charge for maximum usage
shall be S15,600 per 100,000 gallons per day.
(ill) The service charge shol I be 525.00 per month per
ouster meter at the delivery points.
The commodity charge and rote of use charges shall be reviewed and adjusted every
three years, except that the commodity charge will be adjusted proportionately
either up or down at any time the cost of treated water of Corinth shop be adjusted
by the City of Denton, Texas.
(b) Payment of charges to Corinth for water used by Hickory Creek
shall be made as follows:
3
W Minimum annual payment - Hickory Creek agrees to pay
Corinth the annual rote of use charge based on a withdrawal rate
of 100,000 gallons per day, plus the commodity charge for
12,000,000 gallons per yea (wh.ther at not such amount is actually
withdrawn by Hickory Creek) and plus the service charge per master
meter.
(ii) Monthly payment -the monthly payment shill include
one-twelfth (1/12) of the minimum annual rate of use charge plus
the commodity charge multiplied by the quantity of water withdrawn
from the Corinth system during the preceding month plus the master
meter charge.
(iii) Annual payment - the actual total annual payment for
water by Hickory Crock shall bo relurod to Ibo annual and pook
volumes used by Hickory Creek during the fiscal year of Corinth
as determined by meters, flow recording devices or other approved
methods. The bill rendered as of the lost month of the aforementioned
fiscal year shall reflect any necessary adjustment in the minimum
annual payment due to tha actual rotes of withdrawal from the Corinth
system. In computins the total annual payment, the annual rate of use
charge shall not be computed in the maximum daily usage if on that day
the usage was the result of on act of God, or fire at line breakage;
however, the commodity charge shall apply.
(c) If the initial period of use of water by Hickory Creek under the terms of this
agreement is less than a fiscal year, the annual rates of use charge shol I be computed
in the proportion that the period of use bean to the fiscal year.
(d) Solely for the purpose of illustrating the monthly and annual application
of the foregoing, the method of computation for determining the total annual payment
and the final month's bill is shown using assumed quantities rn the two examples
as follows:
(i) EXAMPLE 01 - Under the assumed conditions of usage
as listed below the total of the regular monthly payments equal
the computed minimum annual payment. Computations show that
no additional payment is required. The total annual payment
would be $22,500 and the last month's billing would be $2,051.00.
4
Monthly -'ayment
Usage Annual
Per Month, Rate of Commodity Service
Month Gallons Use Char a 'har a Charge Total
T 600 1,300.00 363.00 25.00 1,688.00
2 6609000 1,300.00 363.00 25.00 19688.00
3 660,000 19300.00 364.00 25.00 19688.00
4 660,000 1,300.00 363.00 25.00 19688.00
5 660,000 11.300.00 363.00 25.00 19688.00
6 6609000 1,300.00 363.00 25.00 1,688.00
7 800,000 19300.00 440.00 25.00 19765.00
8 9900000 1,300.00 544.50 25.00 19869.50
9 193009000 1,300.00 715.00 25.00 2,040.00
10 10980,000 19300.00 1,089.00 25.00 2,414.00
11 19650,000 l300.00 907.50 25.00 29232.5D
Subtotal 10,680,000 14,300.00 59874.00 275.00 20,449.00
12 .193209000 1,300.00 726.00 25.00 2.051.00
Total 12,0009000 =15,600.00 ;6,600.00 $300.00 $22,500.00
Maximum day for the year - 100,000 gallons.
Annual Payment Calculation
Commodity Charge = 12,000,000 X $0.55 = S 6,600.00
Annual Rate of
Use Charge = 1.0 X $15,600 = 15,600.00
Service Charge = 12 X 1 X $25.00 300.00
Total Annual Payment 22,500.
Previous Payments, Months 1
through 11 -209449.00
Last Month's Billing $ 2,051.00
(H) EXAMPLE #2 - Under the assumed conditions of usage as
listed on the following page, the computed annual payment exceeds
the minimum annual payment. Computations show the total annual pay-
ments would be $269535.00 and the last month's billing would be
$3,611.00.
5
Monthly Payment
Usage Annual
rer Month, Rate of Commodity Service
Month Gallons Use Charge Char a Charge Total
1 1,320,000 1000.00 726.00 25.00 2,051.00
2 9900000 1,300.00 544.50 25.00 19869.50
3 990,000 19300.00 544.50 25.00 11,869.50
4 990,000 1,300.00 544.50 25.00 10869.50
5 990000 19300.00 544.50 25.00 10869.50
6 9900000 1,300.00 544.50 25.00 1,869.50
7 1,3205000 1,300.00 726.00 25.00 2.051.00
8 1,320,000 1,300.00 726.00 25.00 2,051.00
9 1,6501,000 1,300.00 907.50 25.00 2,232.50
I 10 2,3101,000 19300.00 1,270.50 25.00 21,595.50
11 2 310 000 1 300.00 1,270.50 25.00 2 595.50
Subtotal 15 110 14,300.00 ,349.00 275.00 ,9 .00
! 12 1 320 000 29860.00 726.00 25.00 9 851.00
Total ,W x'1:160:00 9 0 .00 .00 3 7 5.
Maximum day for the year - 1101,000 gallons.
Annual Payment Calculation
Commodity Charge = 16,500,000 X $0.55 = $ 9,075.00
Annual Rate of
Use Charge = 1.1 X $159600 . 17,160.00
Service Charge = 12 X 1 X $25.00 = 300.00
Total Annual Payment $26,535.00
Previous Payments, Months 1
through 11 22,924.00
Last Month's Billing $ 3,611.00
(e) All bills for water hereunder will be rendered on or about the 1st day of each
month and will be due 15 days thereafter. The first bill will be rendered on or about
the 1st day of the month next succeeding the month during which Corinth certifies in
writing that a water supply is available at the point of delivery specified herein. Such
first bill sholl include a proroto pat of the rate of use charge for the part month just
concluded, together with the meter charge required above, and together with the
commodity charge for the part month of service just concluded calculated at the
rate of $045 per 1,000 gallons of water actually taken. Thereafter, the monthly
bills sholl include the rate of use charge for the month for which the bill is rendered
plus the meter charge and plus the commodity charge (calculated in accordance with
the above) for all water actually taken during the full month just concluded.
(f) There shal l be a further charge of 1096 of the amount of any bill not paid on
or before the due date. Hickory Creek hereby waives any and all claims for damages
resulting from such discontinuance of service.
6
(g) All sums payable by Hickory Creek hereunder shall be payable solely from
revenues of the waterworks and sewer system of hickory Creek, and Hickory Creek
hereby pledges its revenues therefrom for such purposes, and said payment shall
constitute on operating expense of both of said systems. No tax revenues, or revenues
from sources other than the water and sewer system, of Hickory Creek are pledged
herein to the payment of the amounts payable hereunder by Hickory Creek.
8. Hickory Creek agrees to install all necessary water mains and pipes, and
other facilities for the distance necessary to connect the Hickory Creek System With
the Corinth System at the delivery point stated herein. To the extent any lines are
laid in Corinth, Hickory Creek agrees to grant, provide and convey all necessary
facilities, easements, access, egress and ingress perpetually to Corinth for all
purposes. In the event of such construction, the responsibility of which rests with
Hickory Creek, it shall additionally restore all existing structures and/or improvements
lying in the right of way of construction, to as good a condition as before the
construction took place; and shall save harmless Corinth from any and all liability,
claims, suits, actions or causes of actions, causes of actions for damages for injuries
or otherwise by reason of the construction work hereinabove provided for. Any such
facilities constructed, maintained and operated within Corinth under this section
shall remain in perpetuity the property of Corinth and shall not be operated or
maintained by any other than employees of Corinth or its authorized representatives.
In the event of leakage in any line beyond the delivery point but within the corporate
limits of Corinth, an appropriate adjustment shall be made in the commodity charge
for the month In which the leakage occurs. No adjustment will be made for any
leakage occurring within the corporate limits of Hickory Creek.
9. It is understood and agreed that Corinth shall have the right to inspect and
approve or disapprove all water pipes, tops, service connections, fittings, meters,
and appurtenances, during installation, installed or intended for use in Hickory
Creek's water system, during the continuance of this contract, for the purpose of
insuring a uniform standard of construction for all areas served by Corinth's water
system, and to avoid any damage to the Corinth System as a whole, arising from
inferior material or workmanship in the component parts; with the understanding,
however, that such Inspections shall not relieve Hickory Creek from full responsibility
for the conformance of finished work with acceptable standards.
~r.tr
10. For the protection of the health of all consumers supplied with water from
the water system of Corinth, Hickory Creek, through the adoption of proper ordinances
or execution of proper contracts, agrees to guard carefully against oil forms of
contamination, and that if at any time contamination should occur, the orea or areas
affected shall immediately be shut off and isolated and remain so until such conditions
shall have been abated and the water declared again safe and fit for human consumption
by the properly constituted governmental health agencies having jurisdiction of the
areas affected. Corinth expressly reserves the right to discontinue temporarily the
supply of water to any of the pipes laid or to be laid by Hickory Creek whenever it
is necessary to do so to insure proper operation of the Corinth water system, or for
non-compliance with any provision of this Agreement. No claims for damages for
such discontinuance shall be made by Hickory Creek against Corinth or Denton.
11. Neither Corinth,nor Denton, nor their respective officers and employees,
shall have any liability for the inadvertent contamination of water, from whatever
source cr means, or for the negligence of Hickory Creek or of any officers or employees
thereof, nor for any defective or dangerous condition existing within the water system
of Hickory Creek, and Hickory Creek shall hold Corinth and Denton and their officers
and employees harmless from and shall defend Corinth and Denton and their officers
and employees thereof against any claim for damages or injuries resulting from consumption
and use of said water including allegations and claims of third parties.
12. It is understood and agreed that Hickory Creek will not permit water from
any other sources or supply to be introduced into any portion of Hickory Creek's water
system constructed under the Reeves Agreement, without prior written approval of
Corinth, unless and until Hickory Creek is actually using at least 100,000 gallons of
treated water per day under this Agreement and such additional source shall meet
the standards of health of the Texas State Department of Public Heolth.
13. Corinth shall supply and sell water to Hickory Creek oral Hickory Creek
shall receive and purchase such water in accordance with the terns of this Agreement
for a period of thirty (30) years from the date hereof. This Agreement may be terminated
by either party after expiration of said thirty (30) year period upon one year's written
notice served upon the other party by delivering the some to the Town Secretary of
Corinth or to hickory Creek, as the case may be, or at any time upon mutual consent
of both parties.
14. Hickory Credo hereby agrees with Corinth that it will at oil times enforce
the Reeves Agreement and will not grant any waivers or indulgences thereunder and
will not consent to any amendments thereto without the express written approval of
Corinth.
8
15. Corinth hereby agrees to operate its water system in such manner as will
cause it to obtain revenues in such amount as to prevent a default by it under its
aforesaid agreement with Denton.
This Agreement shall inure to the benefit of and be binding upon the respective
parties hereto, their successors and assigns.
This Agreement shall take effect upon its adoption and execution by the
respective parties hereto, and its approval by the Town Commission of Corinth, the
Town Commission of Hickory Creek, and by the City Council of Denton.
TOWN OF CORINTH
y , own rint t
ATTEST:
Town r cry, own o int
TOWN OF HICKORYVEK
8Y of-4n
Mayor, Town of Hickory Cr'e-eK
ATTEST•
own Secret, own o i ory e
APPROVED:
CITY OF DENTON
Mayor, Qty o ton - -
ATTESTS
etary, Qty o Denton
9
xlt 188 F
THE STATE OF TEXAS
INITIAL EATER AND SEWERAGE SYSTEM
COUNTY OF DENTON j DEVELOPMENT AGREEMENT
This INITIAL WATER AND SEWERAGE SYSTEM! DEVELOPMENT AGREEMENT
(hereinafter called this or the "Agreement"), made and executed this
day of September, 1972, by and between the Town of Hickory Creek
ereinafter called "Hickory Creek"), a municipal corporation of the
State of Texas, on the one hand and J. Neal Reeves (hereinafter called
"Reeves"), an individual, whose principal office and place of residence
is in the City of Dallas, Texas, and Hickory Creek Development Corpora-
tion (hereinafter called "HCD"), a Texas corporation, the principal of-
fice of which is situated in Dallas, Texas, and major portion of the
capital stock of which is owned by Reeves (Reeves and HCD being jointly
referred to herein as the "Developers");
WITNESSETH
WHEREAS, the Developers have planned a real estate development
project on-land owned by them within Hickory Creek and for the purposes
thereof desired to install and construct a water system and a sewerage
collection system (the water system and the sewerage system being here-
in collectively referred to as the "Systems") within Hickory Creek for
the purpose of serving the inhabitants of such development, such water
system to consist generally of those facilities, lines, mains, pipes
and equipment described in and located at the places specified on Exhib-
it A attached hereto and incorporated herein for all purposes and such
sewerage collection system to consist generally of those facilities,
lines, and mains described and located at the places specified on Exhib-
it B; and
WHEREAS, in order to permit the construction and operation of
the Systems by the Developers, Hickory Creek heretofore, on the 12th
day of June, 1972, granted a Franchise (hereinafter called the "Fran-
chise") to Reeves for Such purpose with rights to extend the Systems to
other areas of Hickory Creek; and
WHEREAS, upon application to the Town of Cori;%th (hereinafter
called "Corinth") for a water supply for the Systems, it was determined
that Corinth's water supply was not available for resale outside its own
corporate limits for use in systems owned by other than a governmental
or other public agency or municipality; and
WHEREAS, accordingly, in order to permit the project of the De-
Yelopers to proceed and so as to obtain the necessary supply of treated
water therefor, the Developers and Hickory Creek have mutually agreed
to rescind the Franchise; and
WHEREAS, as an inducement to Hickory Creek to enter into a
water supply contract and a sewage disposal contract with Corinth under
the terms, provisions and authority contained in'the Interlocal Corpora-
tion Act, Article 1S81h, Vernon's Texas Civil Statutes, as amended, the
Developers have agreed to enter into this Agreement so that its develop-
ment may proceed.
NOW, THEREFORE, in consideration'of the provisions and other
.good and valuable consideration hereby acknowledges and confesses, in-
cluding expressly the mutual benefits to the Developers and Hickory
Creek hereunder, the parties have agreed and hereby agree as follows,
to-wit:
Section 1. Execution of Mater Supply and Sewage Disposal
Contract.r
(a) Hickory Creek hereby agrees that it will, subject to approval of
other necessary public agencies, execute to and with Corinth a water
supply contract and a sewage disposal contract (said two contracts be-
ing herein called the "Corinth Agreements"), calling, respectively, for
the delivery of treated water to the water system of Hickory Creek to
be constructed hereunder, and to treat the water and effluent collected
through the sewerage system of Hickory Creek to be constructed hereun-
der.
(b) Prior to the execution of the Corinth Agreements, Hickory Creek
shall submit the same to the Developers for their review and approval,
which approval shall not be unreasonably withheld. Said approval shall
be evidenced by letter or other writing addressed to Hickory Creek and
Corinth and-the same shall thereafter for all purposes hereunder be
deemed approved and effective as to the Developers.
Section 2." Construction and Development of Systems.
(a) Promptly upon the execution of the approval of the Corinth Agree-
ments by the Developers, they will undertake, and diligently prosecute
to completion, the construction of the Systems and will use their best
efforts to complete the same in 180 days from the date-of such approval.
(b) Such construction shall be accompplished in accordance with detail-
ed plans and specifications approved by the Town Commission of Hickory
Creek, which approval shall not be unreasonably withheld. Preliminary
approval is hereby given to the quantities, types, sizes and locations
specified on Exhibit A and Exhibit B attached hereto. Upon presentation
of such detailed plans and specifications to the Town Commission of
Hickory Creek, the same shall be-approved or disapproved within fifteen
(15) days from submission, and if said Commission has failed to act
within such period, they shall be deemed approved for all purposes here-
of. Once approved, such plans and specifications shall not be changed,
altered or amended without the approval of the Mayor of the Town of
.Hickory Creek, who is hereby authorized to give such approval when and
as he may deem proper.
-2-
(c) Such construction may be accomplished either through the De-
velopers themselves or through contracts with other parties. In
either case, however, the Developers shall either furnish or re-
quire that there be furnished at their expense performance and
payments bonds accruing to the benefit of Hickory Creek required by
Article S160, Vernon's Texas Civil Statutes, as in other public
projects let directly by a City, Town or County. Such performance
bond shall specify the completion date noted in Section 2, and no
change shall be made in said bonds without the consent of the Town
Commission of Hickory Creek.
(d) Along with the detailed plans and specifications submitted to
the Town Commission of Hickory Creek for approval, the Developers
shall submit to such Commission a copy of the contract between the
Developers and Van-Tex, inc., the General Contractor, which has
agreed to construct the Systems in accordance with the plans and
specifications prepared by B. L. Nelson & Associates* Registered
Professional Engineers, Dallas, Texas, for a stipulated sum. De-
velopers shall also submit to such Commission a copy of the budg-
et for the construction of the development including the Systems,
indicating that funds necessary to discharge the stipulated sum in
such contract with Van-Tex have been b,:.'.oeted by the DcYclopers.
(e) The Town Commission of Hickory Creek shall adopt the neces-
sary ordinances granting Developers the right to use the streets,
alleys, public squares and all other public lands of the Town of
Hickory Creek within the corporate limits as the same may exist
from time to time, for the purposes of laying, erecting, maintain-
ing and operating the Systems prior to their conveyance to the
Town of Hickory Creek as provided in Section 3(a) below.
Section 3. Titles, Conveyance of Systems.
(a) When and as construction of the Systems and pipes, lines and
facilities are laid or placed in the ground or permanently attach-
ed thereto, or to any portion previously affixed thereto, the same, -
-together with all easements, lands and rights-of-way used in connec-
tion therewith, shall thereupon be and become the property of
Hickory Creek, and shall be free and clear of all encumbrances of
any matter or kind, and the Developers hereby grant, bargain, give,
transfer, assign, set over and deliver the same to Hickory Creek
forever.. ;
(b)* The Developers shall maintain and deliver to Hickory Creek such
books, logs, plats and other records and documents as may be re•
quired to accurately'. reflect and disclose the precise locations of
all elements, pipes and facilities comprising the Systems. Upon
completion of construction of the Systems, which shall-be reflected
in a Certificate of Completion executed by B. L. Nelson and Associ-
ates, Registered Professional Engineers; Dallas, Texas, the Develop-
ers shall prepare, furnish and deliver to Hickory Creek a deed and
_3-
bill of sale containing a full and complete description of all prop-
erties, facilities, lands, rights-of-way and easements comprising
the Systems and reflecting that the same are not encumbered by any
liens or other encumbrances of any nature or kind.
Section 4. Rates for Water Usage and Sewage Treatment.
(a) It is understood and acknowledged that, inasmuch as the Systems
shall be and become the initial phase of the waterworks and sewer sys-
tems of Hickory Creek, the Town Commission of Hickory Creek will, in
the exercise of its governmental powers, promulgate and adopt such
ordinances or orders as may be necessary to generate not less than
sufficient revenues to operate and maintain the Systems, provide for
the necessary restoration thereof and provide for any future debt
service requirements in connection with its Systems, either in its
future configuration or only as initially developed hereunder. Such
ordinances nay contain different rates for different classes of us-
age as well as for quantity differentials; however, the same shall
at all times be reasonable as required by law.
(b) As an inducement to Corinth to enter into the Corinth Agree-
ments, the Developers hereby jointly and severally guarantee to
Corir.th that they will pay to Hickory Creek each year on a monthly
basis as billed, throughout th- term of the Corinth Agreements, an
amount of money equal to the sum of the reasonable costs of operation
and maintenance of the Systems for each such yeay plus the greater of
the minimum amounts payable by Hickory Creek to Corinth under the Cor-
inth Agreements for each such year or the costs of water and sewage
service actually supplied to-the Systems by the Town of Corinth at the
rates chargeable to Hickory Creek under the Corint-3 Agreements. As an
inducement to the Developers to make this guarantee to Corinth, Hickory
Creek agrees that it will not consent or agree to any alteration, amend-
ment or supplement to the Corinth Agreements which will have the effect
of increasing the Developer's monetary obligations, except that reason-
able increases in rates under the Corinth Agreements sh 11 be permitted.
If the Corinth Agreements are amended in violation of this commitment,
the guarantee shall not be increased above the amount then in effect.
If the Developers shall in the future sell the development served by the
Systems, the Developers intend to request from the Towns of Corinth and
Hickory Creek a release of their obligations and liabilities hereunder.
By accepting this guarantee, the Towns of Corinth and Hickory Creek
agree that, if s1.ch purchaser agrees to assume the Developer's obliga-
tions hereunder, they will in good fait,`& consider such request with a
view to substituting any such purchaser as the primary party obligated
to perform the Developer's agreements hereunder.
(c) All statements for water and sewage services rendered to the De-
velopers or the tenants or customers of their project in Hickory
Creek shall be mailed, collected and declared past due when and as
provided under the rate ordinances of Hickory Creek contemplated in
paragraph.(b) above, shall be paid by the Developers promptly within
ten (10) days after the date of statements therefor to be rendered
on or about the first day of each month. It is expressly acknowledged,
•4-
understood and agreed, however, that the first statement will be ren-
dered not later than on or about the time Hickory Creek received its
firsv statement under the Corinth Agreements.
Section S. Pro Rata Refund for 0€f-Site Mains and Lines.
(a) It is understood and acknowledged that in addition to the rate or-
dinances contemplated in Section 4 of this Agreement, the 'town Commis-
sion of Hickory Creek will, in the exercise of its governmental powers,
promulgate and adopt such ordinances, orders or codes as may be neces-
sary to provide the reasonable rules and regulations regarding future
developments and subdivisions within Hickory Creek and in connection
therewith will adopt water system and sewer syv-em extension regula-
tions governing such development by private developers. It is antici-
pated that such water and sewer system extension ordinances will pro-
vide a formula on the basis of which developers who provide water and
sewer lines off-site at their own expense will be refunded a pro rata
amount of the cost of such off-site extensions when and as additional
customers are connected thereto. It is not anticipated, however, that
such water and sewer system extension ordinances will provide for any
refunds to the Developers for on-site facilities except for any over-
(b) It is hereby agreed by Hickory Creek that the Developers shall re-
ceive the benefits of the off-site refund provisions of any such or-
dinances, when and as promulgated and adopted and as provided therein
for other Developers throughout Hickory Creek, and accordingly, such
refund rights shall extend to and include only that portion of the Sys-
tems which are being constructed under this Agreement and noted as "off-
site extensions" on Exhibit A and Exhibit B attached hereto, unless
othern:ise provided in such ordinances.
Section 6. Miscellaneous.
(a) It is hereby certified and agreed by the Developers that this
Agreement may be relied upon by Corinth and that in the event Hickory
Creek should default under the Corinth Agreements, Corinth shall have
the right directly to enforce ::.e provisions hereof. It is further de-
clared and agreed that this Agreement shall inure to the benefit of and
shall be binding upon the respective parties hereto and their respective
successors and assigns.
(b) hickory Creek hereby agrees with the Developers that it will not
consent or agree to any alteration, amendment or supplement to the
Corinth Agreements which will have the effect of increasing the De-
velopers monetary obligations
(c) It is hereby expressly and mutually agreed that the Franchise
shall be ana is automatically rescinded upon the execution of this
Agreement and each party is hereby expressly released therefrom for
all purposes.
-S-
IN FITNESS HEREOF, this Agreement has been executed and
is effective as of.the day and year first above written.
TOWN OF HICKORY CREEK i
By -
Mayor
ATTEST.;
TWllrn cc5tary, own o orv
Y Creek G:.
al Reeves, in ivioually
- HICKORY CREEK DEVELOPMENT
CORPORATION
y -
resident
ATTEST: r . : y. Y. : .
Asst. Secretary
#C~
~R
• ~ • JRrG~~f't V
THE STATE OF TEXAS I
I SEWAGE DISPOSAL CONTRACT
COUNTY OF DENTON I
THIS AGREEMENT (hereinafter called this "Agreement") mode this &:&ay of
August, 1972, by and between the Town of Corinth (hereinafter called "Corinth"),
o Municipal Corporation organized under the laws of the State of Texas, and the Town
of Hickory Creek (hereinafter called "Hickory Creek"), *Municipal Corporation
organized under the laws of the State of Texas:
W I T N E S S E T H
WHEREAS, because of increasing development within the corporate limits of
Hickory Creek, the Town Commission of Hickory Creek has determined it to be
necessary and required in the public interest that it develop or cause to be acquired,
developp-i and extended within its corporate limits a water distribution system and a
sewerage collection system, and to that end Hickory Creek has entered into on Initial
Water and Sewerage System Development Agreement in the form and substance, but
without its exhibits, attached hereto as Exhibit A (hereinafter called "Reeves Agreement")
with Mr. J. Neal Reeves, an individual, and Hickory Creek Development Corporation,
a Texas Corporation of which Reeves is a major owner of the outstanding capital stock,
and both of which are proposed developers within Hickory Creek; and
WHEREAS, Corinth is engaged in developing and operating a sewerage disposal
system which is accessible to Hot kory Creek and Hickory Creek desires hereby to
obtain the right to deliver sewage collected by its system obtained under the Reeves
Agreement to Corinth for disposal within the limits herein provided; and
WHEREAS, this Agreement is executed under and pursuant to the authority
granted to local governments, including cities and towns of the State of Texas,
under the Interlocal Cooperation Act, Article 158sh, Vernon's Texas Civil Statutes,
as amended,
NOW, THEREFORE, in consideration of the premises and the mutool agr:%e-
ments herein contained, and of other good and valuable consideration, Corinth ar.d
Hickory Creek have agreed and do hereby agree as follows:
Section 1. Deliv. and Acceptonce of sewage.
Subjent to Corinth's prior demand for full copocity of its own sewage collection
systems and subject to the rights of The City of Denton under its Sewoje Disposal Contract,
dated March 25, 1971, Hickory Creek shoil deliver to Corinth a!! the!"age and
industrial waste collected by Hickory Creek through the system acquired wader the
Reeves Agreement, up to 3,000,ODO gallons per month, and Corinth shall accept the
sewage and waste delivered for treatment and disposal as hereinafter provided, subject
J. '
subject to such reasonable rules and regulations as may be adopted from time to time by the
Town Commission of Corinth. Corinth shall not directly accept sewage or waste from any
person, firm, corporation or governmental agency which is located within the boundaries
of or is delivering its sewage into the local sewage facilities of Hickory Creek without
the written consent of Hickory Creek.
Section 2. Connection of Hickory Creek Sewage Facilities to the Corinth Sewage
Facilities.
Local sewage facilities of Hickory Creek shall be connected to the Corinth Sewerage
System at a point located along Interstate Highway 35E, said point being approximately
fifteen hundred feet (1,500) northwest of the intersection of Farm-to-Morket Rood 2181
and Interstate 35E. Such connection shall be accomplished at the expense of Hickory
Creek in accordance with the requirements of Corinth and at such other points of
connection as shall be determined by Corinth. Hickory Creek shall construct and
dedicate to the Town of Corinth all necessary sewage facilities located within the city
limits of Corinth. Such right to connect to Corinth's Sewerage System obligates
Hickory Creek to provide the rights-of-way, easements, and/or other conveyances
necessary for the construction of said facilities. Hickory Creek shall restore all the
existing structures and/or improvements lying in the right-of-way of construction to as
good a condition as before the construction took place; and shall save harmless Corinth
from any and oll liability, claims, suits, actions or causes of actions, actions for
damages for inju-ies or otherwise by reason of the construction work hereinabove
provided for. Any such facilities constructed, maintained and operated under this
section shall remain in perpetuity the property of Corinth and shall not be operated
or maintoined by any other than the employees of Corinth or its authorized repre-
sentatives.
Section 3. Construction of Hickory Creek Facilities.
It is understood that Hickory Creek shall construct, acquire or otherwise secure
the right to use oil facilities required for the local collection of sewogedelivered to
Corinth pursuant to this agreement and shall perform all services required for the
maintenance, operation, repair, replacement or improvement of said local system for
delivering sewage `o the Corinth System, including any additions in betterrtent thereto.
Section 4. Payaeent for Sewage Disposal.
(a) All sewage taken into the Corinth sewerage system shall be measured by
meters installed of the points of delivery or os designated by Corinth. All meters
2
L
:y
shall be furnished and installed by Corinth at the expense of Hickory Creek. Corinth
agrees to maintain said meters and to cause such repairs and/or odiwtments as may
from time to time be necessary and to be properly maintained. Such repairs sholI be
mode at the expense of Corinth, unless it con be shown that the necessity for such
repairs was brought about by an improper ac' or neglect on the port of Hickory Creek.
Hickory Creek agrees to accept Corinth's estimates of quantities of sewage entering
the Corinth system during all periods in which the meters fail to measure correctly
such intake of sewage into the Corinth system, provided there is o reasonable basis
for such estimates.
(i) From and offer the date spec Pied in paragraph (c), below,
Hickory Creek shall pay the sum of $300 per month as a minimum
sewage disposal charge under this Agreement. Such minimum charge
shall entitle Hickory Creek to deliver up to and including 300,000
gallons of sewage into the Corinth system, but such minimum charge
shall be paid to Corinth even though the amount actually delivered
shall be less than 300,000 gallons. It is provided, however, that
if the sole reason for Hickory Creek's failure to deliver the full
300,000 gallons during any month shall be Corinth's inability to
accept in full the amount delivered, then the amount payable for
that month as the minimum charge hereunder shall be the mathe-
matical product of $1.00 for each 1000 gallons of sewage actually
accepted for disposal by Corinth.
(ii) Hickory Creek agrees to and shall pay $.45 per 1000 gallons
for oil over 300,000 gallons of sewage a tuolly accepted per month by
Corinth through its sewerage collection system.
(iii) In addition to the above charges, Hickory Creek shall also
pay each month a meter reading and service charge in the amount of
$25.00 per month.
(iv) An additional charge may be mode for sewage or waste of
unusual quality or composition requiring special treatment, or Corinth
may require pre-treotment of such sewage or waste. An additional
charge may also be made for quantities of storm or ground waters
entering the Hickory Creek system in oxccss of the moximvm amount
permitted pursuant to Corinth standards.
(b) It is mutually agreed that Corinth shall have the right to adjust the
foregoing rates and to establish other rates therefor from time to time, provided
that such rotes shall always be reasonable in relation to the costs incurred by
Corinth for the disposal of such sewage. Corinth shall give 90 days' notice of any
change in such rates, and such notice shall be in writing and shall be delivered in
person or by registered mail to the Mayor of Hickory Creek.
3
(c) All bills for sewage disposal hereunder will be rendered on or about the
1st day of each month and will be due 15 days thereoff . The first Will will be
rendered on or about the 1st day of the month next succeeding the month during which
Corinth certifies in writing that its own system is available for occeptaneo of sewage
at the point of delivery specified herehi. Such first bill shall include the min;mun
charge required herein (which shall always be payable in advance) together with the
meter charge required above, and together with the gallonage charge for the part
month of service just concluded ca!culated at the rote of $.45 per 1000 gallons of
sewage actually taken by Corinth above 300,000 gallons. Thereafter, the monthly
bills shall include the minimum charge for the month for which the bill is rendered
plus the meter charge and plus the other charges (calculated in accordance with
the above) for ail sewage above 300,000 gallons actually taken during the full
month just concluded.
(d) There shall be a further .large of 1096 of the amount of any bill not paid
on or before the due date. Sei vice may be discontinued if any bill is not paid on the
due date. Hickory Creek hereby waives any and all claims for damages resulting
from such discontinuonce of service.
(e) All sums payable by Hickory Creek hereunder shall be payable solely
from revenues of the waterworks and sewer system of Hickory Creek, and Hickory
Creek tocre-by pledges its revenues therefrom for such purposes, and wed payments
shall constitute on operating expense of both of said systems. No tax revenues of
Hickory Creek are pledged herein to the payment of the amounts payable hereunder
by Hickory Creek.
Section 5. Responsibility of Hickory Creek.
Hickory Creek shall be responsible for the delivery to the Corinth sewerage
system of sewage collected by Hickory Creek, and for the construction, maintenance
and operation of its own local sewage focilitees, and for the payment of all costs
incident to tho collection of such sewage and its delivery to the Corinth sewerage
system.
Section 6. Sewage Quolity.
Hickory Creek shall not be permitted hereunder to deliver any sewage of o
quality prohibited by the City of Denton or of a quality which is in the opinion of
Corinth's engineers or consultants, harmful to the normal operations of Corinth's
system or in violation of Corinth's rules and regulations applicable thereto.
4
t
Section 7. Records.
Permanent books and records shotI be kept by Corinth and Hickory Creek
-If the respective rates esto6l ished, the volumes of sewage delivered and discharged
into the Corinth sewerage system wherever such volumes are measured, and the
number of residential customers and residential customer equivalents reported.
In addition, Corinth sho11 keep complete books of accounts showing all costs
incurred in connection with tno Corinth sewerage system and I lickory Creek shall
kcgp axnplelu recwds showiaq Ilse uuxmint hailed to oucli of its customers for
sewer service and t'ie basis used for ssch billing including sewage flow and water
-oraumption for each customer where applicable. The records required by this
pirogroph shall be available for examination by either party of any reasonable time.
Section 8. Liability for Damages.
Any liability incurred by Corinth as a result of the operation of the Corinth
sewerage system shall be the sole liability of Corinth and any liability incurred by
Hickory Creek as a result of the operation of its local sewage facilities shall be the
sole liability of Hickory Creek. However, it is further understood and agreed the
approval or inspection of Hickory Creek facilities by Corinth shall not relieve
Hickory Creek from full responsibility for the conformance of finished work with
acceptable standards.
Section 9. Assignment.
Hickory Creek shall not iwve the right to assign this agreement or any of its
rights and obligations hereunder either by operation of law or by voluntary agreement
without the written consent of 14e City of Denton and the Town of Corinth, and
neither party may terminate its obligations hereunder by dissolution or otherwise without
securing the wr'•ten consent of the other party and this agreement shall be binding
upon the parties and inure to the benefit of the respective successors and assigns of the
tv. rates hereto.
Section 10. Effective dote and term of Contract.
This Agreement sh-Al be in full force and effect and binding upon the parties
hereto upon the executioi: *f this Agreement and shoal continue in full force and
effect for a per;od of thirty (30) years.
Section 11. Execution of Documents.
This Agreement shall be exe.-uted in duplicate, either of which shall be regarded
for all purposes as an original. Each party agrees that it will execute any and all
5
deeds, leases, instruments, documents and resolutions or ordincnces necessary to
give effect to the terms of this agreement.
Section 12. Waiver.
No waiver by either party of any term or condition of this Agreement shall
be deemed or construed as a waiver of any other term cc condition, nor shall a
waiver of any breach be deemed to constitute a waiver of any subsequent breach
whether of the some or a different provision of this Agreement.
Section 13. Remedies.
In addition to the remedies provided by law, this Agreement shall be specifically
enforceable by either party.
Section 14. Entire
This Agreement merges and supersedes all prior negotiations, representations
and agreements between the parties hereto relating to the subject matter hereof and
comeNtutes the entire contract between the parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
as of the date and year first above written.
TOWN OF CORINTH
hW , Tovmi o int
ATTEST:
Town Secretary, Town o orint h
TOWN OF HICKORY CREE
sy t /j~`'L~/
Mayor, Town of Hickory Criek
ATTEST
0,4.Aele?
Town Secret , own of Hickory Cre'tk
6
• . Ir r
APPROVED:
CITY OF DENTON
By
Mayor, i y o Denton
ATTEST:
Cty ecretory, City Denton
7
V
THE STATE OF TEXAS
INITIAL WATER AND SEWERAGE SYSTEM
COUNTY OF DENTON X DEVELOPMENT AGREEMENT
This INITIAL WATER AND SEWERAGE SYSTEM: DEVELOPMENT AGREEMENT
(hereinafter called this or the "Agreement"), made and executed this
day of September, 1972, by and between the Town of Hickory Creek
ereinafter called "Hickory Creek"), a municipal corporation of the
State of Texas, on the one hand and J. Neal Reeves (hereinafter called
"Reeves"), an individual, whose principal office and place of residence
is in the City of Dallas, Texas, and Hickory Creek Development Corpora-
tion (hereinafter called "HCD"), a Texas corporation, the principal of-
fice of which is situated in Dallas, Texas, and major portion of the
capital stock of which is owned by Reeves (Reeves and :;CD being jointly
referred to herein as the "Developers");
WITNESSETH
WHEREAS, the Developers have planned a real estate development
project on land owned by them within Hickory Creek and for the purposes
thereof desired to install and construct a water system and a sewerage
collection system (the water system and the sewerage system being here-
in collectively referred to as the "Systems") within Hickory Creek for
the purpose of serving the inhabitants of such development, such water
system to consist generally of those facilities, lines, mains, pipes
and equipment described in and located at the places specified on Exhib-
it A attached hereto and incorporated herein for all purposes and such
sewerage collection system to consist generally of those facilities,
lines, and mains described and located at the places specified on Exhib-
it B; and
WHEREAS, in order to permit the construction and operation of
the Systems by the Developers, Hickory Creek heretofore, on the 12th
day of June, 1972, granted a Franchise (hereinafter called the "Fran-
chise") to Reeves for such purpose with rights to extend the Systems to
other areas of Hickory Creek; and
WHEREAS, upon application to the Town of Corinth (hereinafter
called "Corinth") for a water supply for the Systems, it was determined
that Corinth's water supply was not available for resale outside its own
corporate limits for use in systems owned by other than a governmental
or other public agency or muclcipality;•and
WHEREAS, accordingly, in order to permit the project of the De-
velopers to proceed and so as to obtain the necessary supply of treated
..eater therefor, the Developers and Hickory Creek have mutually agreed
to rescind the Franchise; and
WHEREAS, as an inducement to Hickory Creek to eitter into a
water supply contract and a sewage di:vosal contract with Corinth under
the terms, provisions and authority contpined Lt the Interlocal Corpora-
tion Act, Article 1581h, Vernon's Texas Civil Statutes, as amended, the
Developers have agreed to enter into this Agreement so that its develop-
ment may proceed.
NOW, THEREFORE, in consideration'of the provisions and other
good and valuable consideration hereby acknowledges and confesses, in-
cluding expressly the mutual benefits to the Developers and Hickory
Creek hereunder, the parties have agreed and hereby agree as follows,
to-wit:
Section 1. Execution of Water Supply and Sewage Disposal
Contract.
(a) Hickory Creek hereby agrees that it will, subject to approval of
other necessary public agencies, execute to and with Corinth a water
supply contract and a sewage disposal contract (said two contracts be-
ing herein called the "Corinth Agreements"), calling, respectively, for
the delivery of treated water to the water system of Hickory Creek to
be constructed hereunder, and to treat the water and effluent collected
through the sewerage system of Hickory Creek to be constructed hereun-
der.
(b) Prior to the execution of the Corinth Agreements, Hickory Creek
shall submit the same to the Developers for their review and approval,
which approval shall not be unreasonably withheld. Said approval shall
be evidenced by letter or other writing addressed to Hickory Creek and
Corinth and-the same shall thereafter for all purposes hereunder 9e
deemed approved and effective as to the Developers:
Section 2. Construction and Development of Systems.
(a) Promptly upon the execution of the approval of the Corinth Agree-
sents by the Developers, they will undertake, and diligently prosecute
to completion, the construction of the Systems and will use their best
efforts to conplete the same in 180 days from the date of such approval.
(b) Such construction shall be accomplished in accordance with detail-
ed plans and specifications approved by the Town Commission of Hickory
Creek, which approval shall not be unreasonably withhele. Preliminary
approval is hereby given to the quantities, types, sizes and locations
specified un Exhibit A and Exhibit B attached hereto. Upon presentation
of such detailed plans and specifications to the Town Commission of
Hickory Creek, the same shall be approved or disapproved within fift,-en
(15) days from submission, and if said Commission has failed to act
within such period, they shall be deemed approved for all purposes here-
of. Once approved, such plans and specifications shall not be changed,
altered or amended without the approval of the Mayor of the Town of
.Hickory Creek, who is hereby authorized to give such approval when and
as he may deem proper.
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• (c) Such construction may be accomplished either through the De-
velopers themselves or through contracts with otb-e parties. In
either case, however, the Developers shall e4t~-er furnish or re-
quire that there be furnished at their expense performance and
payments bonds accruing to the benefit of Hickory Creek required by
Article $160, Vernon's Texas Civil Statutes, as in other public
projects let directly by a City, Town or County. Such performance
-bond shall specify the completion date noted in Section 2, and no
change shall be made in said bonds without the consent of the Town
Commission of Hickory Creek.
(d) Along with the detailed plans and.specifications submitted to
the Towr. Commission of Hickory Creek for approval, the Developers
shall submit to such Commission a copy of the contract beoveen the
Developers and Van-Tex, inc., the General Contractor, which has
agreed to construct the Systems in accirdance with the plans and
specifications prepared by B. L. Nelson & Associates, Registered
Professional Engineers, Dallas, Texan, for a stipulated sum. De-
velopers shall also submit to such Commission a copy of the budg-
et for the construction of the development including the Systems,
indicating that fund:, necessary to discharge the stipulated sum in
such contract with Van-Tex have been bu.:geted by the Developers.
(e) The Town Commission of Hickory Creek shall adopt the neces-
sary ordinances granting Developers the right to use the streets,
alleys, public squares and all other public lands of the Town of
Hickory Creek within the corporate limits as the same may exist
from time to time, for the purposes of laying, erecting, maintain-
ing and operating the Systems prior to their conveyance to the
Town of Hickory Creek as provided in Section 3(a) below,
Section 3. Titles, Conveyance of Systems. ~r
{a) When and as construction of the Systems and pipes, lines and
facilities are laid or placed in the ground or permanently attach-
ed thereto, or to any portion previously affixed thereto, the same, .
together with all easements, lands and rights-of-way used in connec-
tion therewith, shall thereupon be and become the property of
Hickory Creek, and shall be free and clear ^f all encumbrances of
any matter or kind, and the Developers hereby grant, bargain, give,
transfer, assign, set over and deliver•the same to Hickory Creek
forever..
(b)* The Developers shall maintain and deliver to Hickory Creek such
books, logs, plats and other records and documents as may be re-
quired to accurately-reflect and disclose the precise locations of
all elements, pipes and facilities comprising the Systems. Upon
tonpletion of construction of the Systems, which shall-be reflected
in a Certificate of Completion executed by B. L. Nelson and Associ-
ates, Registered Professional Engineers, Dallas, Texas, the Develop-
ers shall prepare, furnish and deliver to Hickory Creek a deed and
• -3-
bill of sale containing a full and conplete description of all prop-
erties, facilities, lands, rights-of-way and easements comprising
the Systems and reflecting that the same are not encumbered by any
liens or other encumbrances of any nature or kind.
Section 4. Rates for Water Usage and Sewage Treatment.
(a) It is understood and acknowledged that, inasmuch as the Systems
shall be and become the initial phase of the waterworks and sewer sys-
tems of Hickory Creek, the Town Commission of Hickory Creek will, in
the exercise of its governmental pokers, promulgate and adopt such
ordinances or orders as may be necessary to generate not less than
sufficient revenues to operate and maintain the Systems, provide for
the necessary restoration thereof and provide for apy future debt
service requirements in connection with its Systems, tither in its
future configuration or only as initially developed hereunder. Such
ordinances may contain different rates for different classes of us-
age as well as for quantity differentials; however, the same shall
at all times be reasonable as required by law.
(b) As an inducement to Corinth to enter into the Corinth Agree-
ments, the Developers hereby jointly and severally guarantee to
Corinth that they will pay to Hickory Creek each year on s monthly
basis as billed, throughout the term of the Corinth Agreement:., an
amount of money equal to the sum of the reasonable costs of operation
and maintenance of the Systems for each such year plus the greater of
the minimum amounts payable by Hickory Creek to Corinth under the Cor-
inth Agreements for each such year or the costs of water and sewage
service actually supplied to-the Systems by the Town of Corinth at the
rates chargeable to Hickory Creek under the Corinth Agreements. As an
inducement to the Developers to make this guarantee to Corinth, Hickory
Creek agrees that it will not consent or agree to any alteration, amend-
ment or supplement to the Corinth Agreements %hich will have the effect
of increasing the Developer's monetary obligations, except that reason-
able increases in rates under the Corinth Agreements shall be permitted.
If the Corinth Agreements are amended in violation of this commitment,
the guarantee shall not be increased above the amount then in effect.
If the Developers shall in the future sell the development served by the
Systems, the Developers intend to request from the Towns of Corinth and
Hickory Creek a release of their obligations and liabilities hereunder.
By accepting this guarantee, the Towns of Corinth and Hickory Creek
agree that, if such purchaser agrees to assume the Developer's obliga-
tions hereunder, they will in good faith consider such request with a
view to substituting any such purchaser as the primary party obligated
to perform the Developers agreement: hereunder.
(c) All statements for water and sewage services rendered to the De
velopers or the tenants or customers of their project in Hickory
Creek shall be mailed, collected and declared past due when and as
provided under the rate ordinances of Hickory Creek contemplated in
paragra h .(b) above, shall be paid by the Developers promptly within
ten (10) days after the date of statements therefor to be rendered
on or about the first day of each month. It is expressly acknowledged,
-4-
understood and agreed, however, that the first statement will be ren-
dered not later than on or about the time Hickory Creek received its
first statement under the Corinth Agreements.
Section S. Pro Rata Refund for Off-Site Mains and Lines.
(a) It is understood and acknowledged that in addition to the rate 'or-
dinances contemplated in Section 4 of this Agreement, the Town Commis-
sion of Hickory Creek will, in the exercise of its governmental powers,
promulgate and adopt such ordinances, orders or codes as may be neces-
sary to provide the reasonable rules and.regulations regarding future
developments and subdivisions within Hickory Creek and iu connection
therewith will adopt water system and sewer system extension regula-
tions governing such development by private developers. It is antici-
pated that such water and sewer system extension ordinances will pro-
vide a formula on the basis of which Developers who provide water and
sewer lines off-site at their own expense will be refunded a pro rata
amount of the cost of such off-site extensions when and as additional
customers are connected thereto. It is not anticipated, however, that
such water and sewer system extension ordinances will provide for any
refunds to the Developers for on-site facilities except for any over-
(b) It is hereby agreed by Hickory Creek that the Developers shall re-
ceive the benefits of the off-site refund provisions of any such or-
dinances, when and as promulgated and adopted and as provided therein
for other Developers throughout Hickory Creek, and accordingly, such
refund rights shall extend to and include only that portion of the Sys-
tems which are being constructed under this Agreement and noted as "off-
site extensions" on Exhibit A and Exhibit B attached hereto, unless
otherwise provided in such ordinances.
Section b. Miscellaneous.
(a) It is hereby certified and agreed by the Developers that this
Agreement may be relied upon by Corinth and that in the event Hickory
Creek should default under the Corinth Agreements, Corinth shall have
the right directly to enforce the provisions hereof. It +.s further de-
clared and agreed that this Agreement shall inure to the binefit of and
shall be binding upon the respective parties hereto and their respective
successors and assigns.
(b) Hickory Creek hereby agrees with the Developers that it will not
consent or agree to any alteration, amendment or supplement to the
Corinth Agreements which will have the effect of increasing the De-
velopers monetary obligations.
(c) It is hereby expressly and mutually agreed that the Franchise
shall be and is automa4:ically rescinded upon the execution of this
Agreement and each party is hereby expressly released therefrom for.
all purposes.
-S-
v'
IN WITNESS HEREOF, this Agreement has been executed and
is effective as of the day and year first above written.
TOWN OF HICKORY CREEK
BY _ • fNdir"
mayor
ATTEST
' ~
own a etary, own o is ory
Creek
ea eeves, individually
HICKORY CREEK DEVELOPMENT
CORPORATION
By
ATTEST: rest ent
sst. Secretary
~ ~
~ c.~ .
t
v
.fi,
\
~ ~
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q-
C I T Y OF D E N T O N T A X A D J U S T M E N T S
FOR THE MHTH OF AUGUST, 1972
Personal Property Automobiles $ 19997.20
Real Estate 262.05
Business Personal 138.60
$ 2,397.85
Hugh Mixon
Tax Assessor-Collector
City of Denton, Texas
CITY OF DENTON TAX ADJUSTMENTS
FOR THE MONTH OF AUGUST, 1972
Personal Property
Automobiles
ACCOUNT
MANE ~R YEAR VAW!.' RE-SON
Charles N. Davis, Jr. 999911055 1971 $ 160.00 $ 2.72 Dup.-included to business
Interstate Auto 999921845 1971 300.00 5.10 Did not ova on Jan. 1
Interstate Auto 959921840 1971 340.00 5.78 "
James Nest 999931790 1971 600.00 10.20 Hot same person,this add.
Paul David Thomason 999943395 1971 380.00 6.46 Did not own Jan. 1
Charles N. Davis, Jr. 999911005 1970 340.00 5.10 Dup.-included in business
Charles N. Davis., Jr. 999911880 1969 520.00 7.80 to
Rubye Hawley 999920880 1969 400.00 6.00 Outside city
Interstate Auto 999923570 1969 690.00 10.35 Did not own Jan. 1
E. V. Ivey, Jr. 999923705 1969 160.00 2.40 Non-res. on Jan. 1
Koert Zuiderweg 999952825 1969 19350.00 20.25 Outside city
Ef'vin Mccollough 999903825 1967 550.00 8.25 Too old
K. E. McConnell 999903844 1967 340.00 5.10 "
Ken McCormick 999903867 1967 250.00 3.75
Ken McCormick 999903866 19.,7 13,120.00 16.80 "
A. C. McLain 999904020 ,967 780.00 11.70 "
R. C. Milliken 999904441 1967 40ri.00 6.00 1 "
David B. Moore 999904555 1967 1.60.00 2.70 Address unknown
R. V. Moore 999904594 1967 340.00 5110 Too old
Frank Morris 999904646 1967 380.00 5.70 to
Smith Parkes 999905191 1967 940.00 14.10- is
David 8. Perry 999905376 1967 760.00 11.40 Student-Pawls Valley,Okla
Barbara A. Pope 999905531 1967 650.00 9.75 Student-Sherman
/101. s/
Pp_sonal-automobiles Page 2
• ACCOUNT
NAME N1%ABFR W.9 VALUE TAX jtEASO:I
Jeffrey Paul Fruett 999905661 1967 S 650.00 $ 9.75 Unable to locate
Robert L. Puryear 999905702 1967 400.00 6.00. Student
Lloyd Quarles 999905706 1967 310.00 4.65 Unable to locate
Lloyd Quarles 999905706 19,57 160.00 2.40
Doyce Rainey 999905754 196; 160.00 2.40 Student-too old
Sam Reynolds 999905929 1967 520.00 7.80 Too old-non-resident
Frederic W. Robinson 999906122 1967 600.00 9.00 Student-Orlando, Fla.
Jimy Rogers 999906170 1967 340.00 5.10 Too old
u
Oris J. Rogers 999906191 1967 160.00 2.40
Carmen Rojas 999906198 1967 160.00 2.40.
Carmen Rojas 999906199 1967 160.00 2.40 "
Joel R. Ross 999906230 1967 1,500.00 22.50 Student-Sherman
Joel R. Russ 999906231 1967 520.00 7.80
Barbara Rubarts 999906254 1967 760.00 11.40 Too old
.1andra J. Rubbard 999906255 1967 520.00 7.80 "
Wallace Russell 999906220 1967 520.00 7.80 Address unknown
Mary B. Standifet 999906675 1967 340.00 5.10 " .
L. L. McAninch 999903767 1966 690.00 10.35 Too old
Jane A. McConnell 999903838 1966 660.00 9.90 It
Jerry D. McConnell 999903841 1966 19080.00 16.20 90
Ken McCLrmack 999903853 1966 2,110.00 31.65 "
Ruby* M. McDaniel 999903916 1966 380.00 5.70 "
Van G. McFadden 999903940 1966 950.00 14.25 Address unknown
Jackie C. McFarling 999903951 1966 760.00 11.40. Too old
Ronnie McLain 999904035 1966 650.00 9.75 "
Delores Ann Meador 999904317 19(6 650.00 9.75 10
Willies D. Meador 999904324 1966 460.00 6.90 "
Toole B. Meadows 999904354 1966 650.00 9.75 "
David B. Moore 999904556 1966 310.00 x.55: Address unknown
.~SG,9S
Personal-automobi:_a Page 3
~CCOUtt'f
WE LA NS 8 MUR YEAR MI _ ~ FAY
0. Be Moore 999904578 1966 $ 620.00 $ 9.30 Too old
0. K. Moore 999904585 1966 700.00 10.50 of
Charles R. Nance 999904827 1966 600.00 9.00
George L. Napier 999904833 1966 2,110.00 31.65- "
Frank B. Ovens 999905062 1966 340.00 5.10 "
R. T. Ovens 999905073 1966 1,?.80.00 19.20 "
Carroll Gene Palmer 999905124 1966 340.00 5.10 . "
James E. Parks 999905202 1966 160.00 2.40 "
C. Be Perry 999905375 1966 650.00 9.75- "
George S. Perry, Jr. 999905377 1966 660.00 9190 Unable to locate
Barbara Ann Pope 999905533 1966 520.00 7.80 Student-Sherman
Barbara Pope 999905532 1966 760.00 11.40 "
William Glenn Pounds, III 999905576 1966 940.00 14.10 Too old
James L. Price 999905631 1966 160.00 2.40 Unable to locata
John B. Price 999905633 1966 340.00 5.10 Too old
Willie L. Price 999905642 1966 690.00 10.35 "
C. B. Pruett 999905657 1%6 10080.00 16.20 If
Jeffie N. Pruett 999905660 1966 770.00 11155• "
Sherman A. Pruett 999905669 1966 540.00 8.10 "
Lloyd Quarles 999905707 1966 380.00 5.70 Unable to locate
George B. Rae 999905729 1966 520.00 7.80 "
C. T. Rattan, Jr. 999905791 1966 760.00 11.40 Too old
Lola I. Reaves 999905885 1966 760.00 11.40 "
Kenneth Rench 999905902 1966 950.00 14.25
Fay 0. Reynolds 999905925 1966 520.00 7.80 "
Arnell Rhodes 999905933 1966 760.00 11.40 . "
Lillie Rhoads 999905932 1966 160.00 2.40
David L. Roberts 999906080 1966 1,280.00 19.20 "
Carrell R. Robinson 999906119 1966 19070.00 16.05 "
j0G-Jq D
Personal-automobiles Page 4
ACCOWT
MIF rUtBEK P YALEIE TAX AM _VA Charles Robinson 999906116 1966 $ 760.00 $ 11.40 Address unknown
Fred J. Robinson 999906123 1966 460.00 6.90 Too old
W. L. Rodgers 999906157 1966 160.00 2.40 Non=res., Aubrey
Emma Naomi Rogers 999906165 1966 760.00 11.40 Too old
Jimmy Rogers 999906171 1966 520.00 7.80 "
Oris J. Rogers 999906192 1966 340.00 5.10 "
Joel R. Ross 999906232 1966 29330.00 34.95 Student-Shernan
Wallace Russell 999906219 1966 650.00 9.75 Address unk:wwn
Renoeth A. Rutter 999906291 1966 760.00 11.40' Too old
Ollie B. Sanders 999906314 1966 19030.00 15.45 "
Mrs. R. A. Sapp 999906321 1966 160.00 2.40 "
John H. Sauls-Olga Sauls 999906333 1966 1,220.00 18.30 "
T. V. Sauls 999906343 1%6 520.00 7.80
Walter Sprabeary 999906650 1966 160.00 2.40 "
Mary E. Standifer 999906676 1966 $20.00 7.80 "
Elbert C, Stanford 999906678 1966 650.00 9.75 "
Zoos F. Stauffacher 999906694 1966 100.00 1.50 "
Derwin 00 Stew 999906703 1966 940.00 14.10 "
Willie Has Swafford 999906794 1966 10010.00 15.15 "
Frank Thomason 999906926 1966 160.00 2.40 . "
Janes Frank Thowson 999906927 1966 650.00 9.75' "
Howard Turner 999907056 1966 120.00 1.80 "
Sal Whatley 999907319 1966 520.00 7.80 "
James F. Whitlow 999907389 1%6 160.00 2.40 "
Robert L. Williams 999907536 1966 160.00 2.40 "
R. Willingham 999907574 1966 180100 2.70 "
Robert C. Wilson 999907624 1966 340.00 5.10 "
Brieton Wood, Jr. 999907657 1966 700.00 10.50
T. G. Woody 999907706 1966 830.c.J 12.4 "
Personal-automobiles Page 5
ACCOUNT
WE KtglB1:R UM vAlllE TAX SOX
J. B. Wooton, Jr. 999907713 1966 $ 650.00 $ 9.75 Too old
I
Phillip S. Wright 999907737 1966 650.00 9.75
Margaret hcAninch 999903769 1965 100.00 1.50
Charles McCreless 999903885 1955 520.00 7.80 "
J. T. McDonald 999903922 1965 1520.00 7.80 "
Alfred L. McKinney 999904008 1965 520.00 7.80 "
Morris C. Meadows 999904349 1965 1,250.00 18.75 "
R. 0. Milliken 999904445 1965 520.00 7.80 "
Charles H. Mullen 999904763 1965 160.00 2.40 "
Bettye Myers 999904804 1965 160.00 2.40 "
Joe H. Normile 999904977 1963 70.00 1t.40 "
Elden D. Parker 999905154 1965 770.00 11.55 Student-Seminole
James E. Parks 999905203 1965 340.00 5.16 Too eld
James Perry 999905380 1%5 340.00 5.10 to
Sherman A. Pruett 999905670 19(5 800.00 12.00 "
Lloyd Quarles 999905708 19x5 460.00 6.90 Unable to locate
Leslie J. Quesenberry 999905720 1965 300.00 4.50 Too old
W. H. Rainey 999905763 1965 160.00 2.40
C. T. Rattan, Jr. 999905792 1965 160.00 2.40 "
Kenneth Reach 999905903 1965 400.00 6.00 "
Kenneth Rench 999905904 1965 550.00 8.25 "
James F. Render 999905910 1965 300.00 4.50 "
Fay 0. Reycolds 999905926 1965 650.00 9.75' "
David L. Roberts 999906081 1965 520.00 7.80•
Carroll R. Robinson 999906114 1965 460.00 6.90 "
Charles Robinson S99906117 1965 %0.90 7.80 Address unknown
Jimy Rogert 959906172 1965 450.00 6.75 Too old
Oris J. Rogers 999906193 1965 520.00 7.80 of
Joel R. Ross 999906233 1965 160.00 2.40 Student-Sherman
Personal-automobiles Page 6
ACCOIINTf
WIE INWIBEK YEAR VAIAPE., TAX MASO:1
Jack K. Rymer 999906304 1965 $ 350.00 $ 5.25 Student-Walnut Creek,Cal.
Ollie Sanders 999906315 1965 860.00 12.90 Too old
Hrs. R. A. Sapp 999906322 1965 340.00 5.10 is
John Saul$ 999906334 1965 546.00 8.10 "
Olga 8. Sauls 99991'6335 1965 340.00 5.10 "
T. H. Saul$ 999906344 1965 960.00 14,40 "
Walter Sprabeary 999906651 1965 340.00 5.10 "
Darwin 0. Stem 999906704 1965 640.00 9.60 "
R. H. Summers 999906791 1965 19!00.00 16.50
Frank Thomason 999906928 1965 340.00 5.10
Howard Turner 999907057 1965 200.00 3.00 "
Hal Whatley 999907320 1965 400.00 6.00 "
James F. Whitlow 999907390 1965 500.00 7.50 "
Robert L. Williams 9999075:7 1965 40.00 5.10 to
R. Willingham 999907575 1965 310.00 4.65 ' No address available I
Robt. C. Wilson 999907625 1965 520.00 7.80 Too old
T. 0. Woody 999907707 1965 1,150.00 17.25 IT .
J. 8. Wooten, Jr. 999907714 1961 760.00 11.40 "
Claude D. Young 999907763 1965 340:00 5.10. Address unknov'n
Jerry D. McConnell 999903842 1964 400.00 6.00 , Too old
Ken McCormack 999903870 1964 760.00 11.40 "
C. L. McDaniel 999903904 1964 700.00 10.50 "
Van G. McFadden 999903942 1964 940.00 14.10 . Address unkrov-
Morris C. Meadows 999904351 1964 29040.00 30.60 ' Too old
Lon B. Moore 999904570 1964 460.00 6.90 "
Robt. L. Morris 999904666 1964 340.00 5.10 "
R. J. Morrow 999904698 1964 520.00 7.80 Address unknown
Adrian B. Mulkey 999904749 1964 690.00 10.35 Too old
"
Chas. 9. Murdock 999904780 1964 160.00 2.40.
. Persegal-automobiles ACi-qu-N' Page 7
1:ANE t%U.%IrrR YF.'AR YALA1
_T,AX ~EAS(f;J
E. D. Parker 999905155 1964 $ 830.00 $ 12.45 Student-Seminole
r-Iien D. Parker 999905156 1964 100.01D 1.50 Student-Seminole
James E. Parks 999905204 1964 520.00 7.80 'Too old
James Perry 999905381 1964 520.00 7.60 "
John B. Price 999905634 1964 760.00 11.40
C. E. Pruett 999905658 1964 760.00 11.40 "
Sherman A. Pruett 999505671 1964 520.00 7.80 "
Lloyd Quarles 999905709 1964 540.00 8.10 Unable to locate
W. H. Rainey 999905764 1964 400.00 6.00 Too old
C. T. Rattan$ Jr. 999905793 1964 340.00 5.10 is
Kenneth Rench 999905905 1964 920.00 13.80 is
Fay 0. Reynolds 999905927 1964 760.00 11.40 "
C. R. Robinson 999906115 1964 540.00 8.10" "
Charles Robinson 999906118 1964 650.00 9.75- Address unknown
Jimmy Rogers 999906173 1964 760.00 11.40• Too old
Oris J. Rogers 999906194 1964 650.00 9.75 0
Wallace Russell 999906218 1964 700.00 3.68 Address unknown
Ollie B. Sanders 999906316 1964 690.00 10.35 Too old
Mrs. R. A. Sapp 999906323 1964 520.00 7.80
Waite: Sprabeary 999906652 1963 650.00 9.75 "
R. M. Summers 999906792 1963 760.00 11.40 "
Howard Turner 999907059 1963 400.00 6.00 "
T. 0. Woody 999907705 1963 550.00 8.25
Claude D. Young 999907768 1963 650.00 9.75 Address unknown
Arthur C_ McAdams 999903754 1962 6;0.00 9.75 Too old
Olen McBride 999903793 1962 920.00 13.80 "
C. Leon McDaniel 999903906 1962 520.00 7.80
Billy Ray & Bonnie Pat McKee 999903996 1962 160.00 2.40 "
Mrs. L. H. Meadors. Jr.999904326 1962 160.00 2.40 "
Robert G. Milliken 999904447 1962 19190.00 17.85 "
Personal-automobiles Page 8
ACCOUNT
NAME Nir..'BER YEAR VALUE TAX Mal
0. B. Moore 999904581 1962 $ 760.00 $11.40 Too old
Frank Morris 994'04648 1962 160.00 2.40 "
Arnoll Motheral 999904737 1962 520.00 7.80 Deceased
James E. Parks 999905206 1962 760.00 11.40 Too old
Sherman A. Pruett 999905672 1962 700.00 10.50 to
Lloyd Quarles 999905710 1962 160.00 2.40 Unable to locate
L.-J. Quesenberry 999905722 1962 385.00 5.77 Too old
W. H. Rainey 999905766 1962 410.00 6.15 to
Kenneth Rench 999905907 1962 520.00 7.80 "
Mrs. Fay 0. Reynolds 999905928 1962 520.00 7.80 "
Charles H. Robinson 999906119 1962 520.00 7.80 Address unknown
Jimay Rogers 999906174 1962 160.00 2.40 Too old
Kenneth A. Rutter 999906292 1962 760.00 11.40 "
Mrs. R. A. Sapp 999906325 1962 760.00 11.40
Olga B. Sauls 999906338 1962 760.00 11.40 8.
John H. Sauls 999906339 1962 680.00 10.20 "
T. H. Sauls 999906347 1962 540.00 8.10 "
Darwin 0. Stem 999906706 1962 340.00 5.10
Dwight W. Stovall 999906750 1962 600.00 9.00 "
Robert H. Summers 999906793 1962 19590.00 23.85
Hal Whatley 999907322 1962 160.00 2.40 "
Robert L. Williams 999907539 1962 760.00 11.40
T. G. Woody 999907710 1962 700.00 10.50
C. D. Young 999907764 1962 160.00 2.40 Address unknown
Arthur C. McAdam 999903755 1961 760.00 11.40 Too old
Olen McBride 999903795 1960 19985.00 29.77 '
C. Leon McDaniel 999903908 1960 725.00 10.87 "
Billy Fay McKee 999903997 1960 160.00 2.40 "
Aaron G. McLain 999$04027 1960 540.00 8.10
Bobby Ralph Meadows 999904335 1960 360.00 , 5.40 Student-gone
07a. 7l
CITY OF DENTON TAX ADJOST?TENTS
FOR THE 110NT11 OF AUGUST, 1972
REAL ESTATE
ACCOUNT
1U1t9E NU*1BPR 'YEAR VATUE TAX ttEASO`t
Moore Bldg. Production 1290-00300 1967 $ 4,400.00 $66.00 Dup. of 9060-02100
Moore Building Production 1290-00300 1966 40400.00 66.00
R. F. Moss & F. J. Miller 7480-00400 1966 64.05 State purchased-prorated
Moore Building Production 1290-00300 1965 4,400.00 66.00 Dup. of 9060-02100
CITY OF DENTON TAX ADJUSTMENTS
FOR THE MONTH AUGUST, 1972
i
BUSINESS PERSONAL
ACCOUNT
NAHFi iBER YEAR VALUE R SON
Dee L. Archer Joe McWilliams 900002900 3967 $ 1.220.00 $18.30 Too old
Lawhon Music Co. 9110-00900 1967 400.00 6.00
Dee L. Archer & Joe McWilliams 900002900 1966 1,220.00 18.30
Moore Building Products 906002100 1966 69000.00 90.00 "
Lawhon Music Co. 911000900 1966 400.00 6.00 "
~3a. G a
i
V
N
NAINPEt~AN(~ SOND
KNW ALL HRN BY 74035E PRRSENTSs
?hat, CLAM GK ?H
(hereinafter called the Principal), as
Principal, and THB EM CASUALTY AND SURETY COMPANY, a corporation organized and
existing under the laws of the State of Connecticut with its principal office in
the City of Hartford, Connecticut (hereinafter called the Surety), as Surety, are
held and firmly bound vnto
City of Denton
Tbousand
'
(hereinafter called the Obliges), in the Just and full an of Tw
Seven Hundred end Thirteen and 32/100 - (=2,713.32)
Dollars, to the payment of which sue, well and truly to be made the said Prinoi-
pal and Surety bind themselves, and their reeFactive :~oiz-s, !atrators, ex-
ecutors, successors and assigne, jointly and severally, fir4y by these presents.
tHROSs tho Principal has entered :nto a certain written contract with the
Oblig;:e, d ited the 3rd day of Ammet , 19, 72 to
Paving of vesteris Drive Golf Court and portion of villow cod, portion of
Holland uW portion of Park Road and containing 787 square Yard$ of Paving
in villovwood addition.
WHSRWp said contract requires said Principal to indemnify the Obliges against
defective materials and worLmanship for a period of one year from the final
payment under said contract.
NdW, TNMF0103, ?he Condition of this Obligation is such, that if the said Princi-
pal shall fully indemnify the Obligee for any loss he (they, it) may suffer through
the failure of the Principal faithfully to ob^,erve and perform each and every ob-
ligation and duty imposed upon the Principal by the said Maintenance guarantee,
then this obligation to be void; otherwise to remin in full force and virtue in
law.
Provided, H01EM9 it shall be a condition precedent to any right of recovery here-
under, that in event of any default on the part of the Principal, a written state-
ment of the particular facts showing the date and nature of such default shall be
iaoediately delivered to the Surety by registered mail at its Home Office in the
City of Hartford, Connecticut.
AND P WIM FURM.. that no action, suit or proceeding shall be had or maintained
against the Surety on this instrument unless the same be bought or instituted and
process served upon the Surety within three months after the eViration of such
Maintenance period.
IN NiTMM ?W".. the said Principal and Surety have signed and eested thi4
instrument this 9t1i day of Anguet 14 2
friaoi~
?103 AM CASUALTY AND SURETY OWANr
BY ~~.p
villism H. ~yA .f11~-Ia-?sat
His" 70
i
Of • • THE ETNA CASUALTY AND SURETY COWANY
• Hanford. Connecticut 06115
UFE&CASU%LTy
POTIER Of ATTORREY AND CERTIFICATE OF AUTHORITY OF ATTORNEYM-IN-FACT
MOW All MEY BY THESE PRESENTS. THAT THE .ETNA CASUALTY AND SURETY COMPANY. a corporation duly organized under the laws of the
State Of COmecticul, and having its principal office in Oro City of Hanlord. Cush of Hanford, 54310 of Connecticut. he* made. constituted
and appointed. and does by these presents make. constitute and appoint gugem Rupert, John R. Stockton, Williaa
R. Wight, Douglas R. Male or Robert F. Scholz - -
OI Dallas, Texas . its live and lawful Allomey 5.in• Fact. with full power and authority hereby conferred
to sign, execute, and acknowledge. at any place within th United Suter, or, if the following line be filled in, within the area Mere designated
. she following instni ierht Is):
by his sole signature and act. any and all bonds. eecognizances. contractsof indemnify. and other writings obligat3ty in the nature of a bunt.
reeogn otance, of Conditional undertaking. and any and all consents incident thereto
and to bond THE AINA CASUALTY AND SURETY COMPANY. thereby as fully and to the sane errant as if the same were signed by the duly
authorized officers of THE 41NA CASUALTY AND SURETY COMPANY, and all the acts of said Atwmeysnn•Fact, ph esvahl to she authority herein
given, are hereby ratified and confirmed.
This appoinunert ismade under and by authority of the following Standing Resolutions at said Company which ReSoliAlOns are now in full force
04 effect:
VOTED: That each of the following officers: Chapman. President. Any Executive Vice Resident. Any Senior Voce Presidenh. Any Vice President.
Any Assistant Vice Resident. Any Secretary, may from lime to time appoint Resident Vice Presiddps. Resident Assistant Secretaries. Attorneys-
on-Fact, and Agents to act For and on behalf of the Company and" give any Such appointee such authhoriy, as his certife-uve of aulhonkty may
prescribe so Sign with the Company's name and seal with the Company s seal bonds, recognhzachces, contracts of irdewniy. and other writings
obligatory on the nature of a bond, recogr izance. or conditional udertakirg. and any of said officers or the Board of Directors may at lhy time
remove any such appointee and revoke the power and authority given lives.
VOTED: That any bond. recognizance, contract of indemnity. or writing obligatory in the nature of a bond recognizance, or eondlionat uh.lew.
taking shalt be valid and binding upon the Company when la) signed by she Chairman, the President or a Vice Resident or by a Residdp Vice
Resident, pursuant to the power presahbed in she certificate of authority of such Resident Vice Resident, and duly attested and sealed with the
Corr ~s seat by a Secretary er Assistant Secretary Or by a Resident Assistant Secretary, pursuant to the power prescribed in the Msificass
of autoriy of such Resident AsSistant Secretary. of lb) duty executed (udar seal. if repaired) by one or more Aliomeys-swfact a+shant to
the power prescribed in his or their certificate or cettifirdifes OI &~y.
This Power of Attorney and Certificate M Authority is signed and sealed by facsimile under and OV authority of the following Standing Ikslaion
voted by the (bard of Directors of THE .ETNA CASUALTY AND SURETY COMPANY Aftich Resolution is now in lull force and effect:
VOTED. That the s:gnatus Of each of the Following olhcers: Chaimwh. President. Any Executive V+u Residnt. My Senior Vice Resident.
Any Vice Resident. Any Assistant Vice Resident. Any Secretary. OW A! Seal of ten Company may be allowed by Facsimile to any power sf ataomey
or to any certificate relating thereto appointing Resident Vice Prestdonts. Resident Assistant Secretaries or Anornneys.in-fact for purposes only
of e■eWting and aHesting bonds and uden►akings and other writings obligatory in the nature thereof. and any S•etlh power of stfomey or car •
tificate bearing arch facsimile signature or facsimile seat "I be valid and binding upon the Compaq and any such power so e■eciAed and cer-
Mood by such facSimHe signahre and fac"le seal shall be valid and binding soon die Company in the future with respect so try bond at
undertaking 10 which It is attached.
IN WITNESS WHEREOF. THE ETNA CASUALTY AND SURETY COMPANY has caused this insulin[ IO be sighed by its
Secretary and its corporate seal b be hereto affixed this 31st day of JaT111ar7 .19 n
THE A-MA CA6+FALTY AND $UURETY COMPANY
By -
State of ConectiViA } 3*erftar:
sax Hartford
Cotnly of ManFord
On this 31st den o1 J&MW . 19 en . before me personally came R. T. RIM
So ohs known. who being by ms duly sworn, did depose and W. that he is Secreted cl
THE AIWA CASUALTY AND SURETY COMPANY, the corporation described in and which executed the above instrlmanc that he knows the seal
Of said corporation; Mat the seal attested to the said instnrrntnt is such o irporate seal: and that he executed does said instrurnelt pa behalf of the
eOrporalion by a:etarity of his Olfieis viler the Standing Resolutions thereof.
• Notary Public
nav cohyrhhfthew [rein ch 31, 19
CERTIFICATE ?S
yre nrgers;r~, Assistant Secretary of THE ATNA CASUALTY AND SURETY COMPANY, a sbrA' corporation of
1M State of CwvhecNtVl, 00 HEREBY COMFY that the foregoing and attached Power of Attorney and Certificate of I4rthority, raisins in full tore
and has rat been revoked: and firrtnennohe, that the Standing ResOlnrtions of this Board of 7irecter96 as set forth in the Canrhtate of Authority.
art now in force. M1.
Signed and Sealed at the Home Office of she CAmpany. in the City of HartlotA Rate of CdnKliaA. Dated ibis day of
AUPSt .19 72
f t...
Assietai t Secretaa
is 1977.01 Awl G. it Mllahht6 rra U. S. Al
N %r
F
~
MAINTENANCE BOND
STA T OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS, That we, the undersigned
JAGOE-PUBLIC COMPANY as Principal
and the SELECT INSURANCE COMPANY as Surety
are hereby held and firmly bound unto the CITY OF DENTON, TEXAS
in the penal sum of ONE THOUSAND, EIGHT HUNDRED ONE AND 40/100
($1,801.40) Dollars, for the payment of which well
and truly to be made, we hereby jointly and severally bind ourselves, our
heirs, executors, administrators, successors and assigns by these presents.
SIGNED THIS 8TH day of AUGUST 19 72 .
WHEREAS, JAGOE-PUBLIC COMPANY
entered into a written contract with the
on the ay or 19 , or
STREET CONSTRUCTION 2ND SECTION WILLOW CREEK ADDITION
which contract and the plans and specifications therein mentioned are-
hereby expressly made a part thereof as though the same were written and
embodied herein;
WHEREAS, under the plans, specifications and contract, it is pro-
vided that the contractor will keep in good repair the work therein
contracted to be done and performed for a period of one year beginning
the 8TH day of AUGUST 1972 and ending the 8TH day
of -Mcm 19 7.3 , it eing u erstoR-that the purposed this
section is to cover only defective conditions arising by reason of defec-
tive materials, work, or labor performed by the said contractor;
XOW THEREFORE, if the said contractor shall keep and perform its said
agreement to maintain said work and keep the same in repair for the said
maintenance period of one year, as provided, then these presents shall be
null and void, and have no further effect, but if default shall be made
by the said contractor in the performance of its contract to so maintain,
and repair said work, then these presents shall have full force and effect,
and the said CITY OF DENTON
shall have an recover from the said contractor and its surety damages
in the premises as provided for in said plans, specifications and contract.
PROVIDED, However, there shall be no liability on the Surety for
and damage resulting from fire, acts of God, accidents or careless or
malicious handling.
WITNESS our signatures this 8TH day of AUGUST 1972
JAGOE-PUBLIC COMPANY
r nc pa
ey
SELECT INSURANCE COMPANY
~~et
ELLIS CUM WNERS & CO.
1000 FlOELIIY UNICN TOWER Sy
DALLAS, TEXAS 75201 Willard Crotty, t or ey- h- act
Tel. [214) 744.4311
POW*lEK OF ATTORNEY
1001111 Nx 91 TIESf plulls:
TW MW NAVE O Rill. A O MOATIM OF nE STAR OF Tons. NMIW- M C*UD COMX- om NNW AmfM
PORTER ELLIS, WILLARD CROTfY. JAMS N. POWERS, TOM P. ELLIS, III, GIA')YS EASLEY.
PETER A. RUSH OR WILLIAM C. KLINGMAN, DALLAS, TEXAS
Its memo ew m Anm&v-111-f4R TO Pw , caom. SEA ATO DELIVER ON ITS MORE. AS METY, any and all bonds and 7nder-
takings of Suretyship.
LE E)womm of spun f1E OR 1IOER14010 IN KOMAP OF MR MESE111S SOt1 M AS SINDIM WON W fDVW AS M M MOD SF91060NIID
NO AOgOROM In IM AEOAAMT CAM OFFICERS OF DE f IMM.
US I~EfI of "W. 1S ISAm pjwj M lo me !r ^RmeM Or nE FmLa4NG IE9 wtom Of TIE bm of Dtm: ORS of TIE COWN. AOWUD
tii6CTl% ~ AO KM IN ALL Ma NO VMM
'MSO1K0 ENAT THE FMIOEMF 01 ANY VICE MESIKNT OR ANY SEMMV NAY APPOINT ATTOWVS•tMJACT IN AMY STATE. IMITOtY OR RIERAI MSMIR
TO WMESENT THIS COWAMY AND TO 40 ON ITS IENALF ►1nNIN TIE SCKE Of 104 AMr/CR1fY WANn9 TO TWIN IN NRInM6, MCN AUPWIfY MAY INCEW1 THE
MM TO 00. EMMCNrE, SEAL APP KIIKR ON KNALF Of 1013 COMPAW AS S11ET1. AW AS IFS AR AW OECD ANY AM Alt 00" AND I MAKLINO Of
SURMNIP AND OtMM OOCOVIFS FIAT THE MINAAY 00115E OF SIMTY SUSIMfSS NAY ugNIM. TMOt1W46 AMMTV TO APPOINT AWM foo Tw sancc OF
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THE TRAVELERS
Certificate of Jusurai.ce
This is to cerlily that polides of in wance a> dtbtribed beluw ha.Y been issued to the insured named below and Are in force at this time.
It such policie% are canceled or changed during the periala of coverage y stated berein, in such a manner as to affect this certificate,
10 DAYS written notice will be mailed to the puts designated below for whom this certificate a issued.
1. Name arwl vhires of party- to whom this certificate is is iwsl 2. Name ant) address of insured
r -1 CHARLES CCI EN INC AND CHARLES
THE CITY OF DENTON COHEN & LEWIS 0 COHEN DBA
DENTON a TEXAS CHARLES COPEN
P 0 BOX 20920
DALLAS, TEXAS 75220
L J
1. Location of operations to which this certificate applies TEXAS
CosersgesFee WhkTt - -
I tsorence is Afforded I Limits of Lfabtbt7 Po1ise~ Itrtmber - po k7 Period..
Workmen's Com lion and Com nation-Statutory -
ga~n~ •Liaba4in theutue COVERAGE B
gamed in item 3 kereof SIOOSOCO 11$-5478225 8-18.72/13
8oday Ian Lbtomo~as
-etcept so = 100 , 000 each person
300 .000 each occurream
: .000 awegatet
IN Completed ......-,a~ w~tct„e ..1a tts ~ er~>` . K-SLG-7659463 8.18-72/13
PmWq Daam a I"bft '
1N I~000each occurrence
_dudiag Ptotedise i .000 aggregate
Ueda, ln~" Liability 100 000 each
persw
300 •000 each accident o0cmencie
_ . ~ NSA 7659481 8-18-72/73
~s cI'eau' •
000 each accident
50 .000 eaa, om-move
U* W
GleaDra e ` `a" S . 000 easels occurrence
~ 000 aggregate
,
.000 each occurrence
Catswoos W Emen . 000 each aggregate
.000 deductible amt.
'Absence of an catty in these spates means that imurana is not afforded with respect to the cmtrages opposite thereto.
SePolitro is efecthm and expires at 1201 A.M., standard time at the address of the named insured as stated herein.
Dtsa*ioa of Opesatiorm or ?ntomobiks to *bit* the policy applies:
INCLUDES ALL OWNEO, NON-OWNEO S HIREO CARS.
The ina:tzW r afforded is subject to all of the terms of the policy, THE TRAVELERS INSURANCE COMPANY
ioaudin+ erAorsemena, appskable thereto. THE TRAVELERS INDEMNITY COMPANY
ROSBOROUsH S BYRNEa INC. THE CHARTER OAK FIRE INSURANCE COMPANY
Peodut- r
Once- Oft 447
Date
C-Sete KV. 740 'lof't so s.s.l ha gdnl p~~~•~~~~
.SG/rf0r)r CaS1Ykj-Property }y r'----•ment
~~r
F
Y.W.
THE STATE OF TEXAS, 1350
COUNTY OF DENTON KNOW ALL AIEN BY THESE PRESENTS:
THAT ANTONE RAPOSA
Of Denton County, Texas . in consideration of the $am of
Ten and No/100 ($10.00) Dollars snd other good and valuable consideration
in hand paid bythe City of Denton, Texas receipt of which is hereby acknowledged, do by I
I
these presents grant, bargain, sell and convey unto to the City of Denton , Texas , the free
and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following
described property,
owned by me . Sitn&ted in Denton County, Texas, in the
Survey. Abstract No.
All that certain lot, tract or parcel of land lying and being situated in
I the City and County of Denton, State of Texas, and being part of the S.C.
Hiram Survey, Abstract No. 616, and being part of a tract of land as con-
veyed from Kathleen Nichols Harper to Antone Raposa by deed dated May 18,
2972, and recorded in Volume 646, Page 436 of the Deed Records of Denton i
County, Texas, and more particularly described as follows:
BEGINNING at the southeast corner of said Raposa Tract, said point of be-;
ginning lying 150.0 feet south 42° 22' west of the southwest right of way'
line of U.S. Highway No. 77 (Dallas Drive) and also being 150.5 feet sout
470 38' east and 150.0 feet south 420 22' west of the most northerly nort
east corner of a tract of land conveyed by Robert A. Nichols to Kathleen
Nichols Harper by deed dated March 15, 1972, and recorded in Volume 646,
Page 209 of the Deed Records of Denton County, Texas;
THENCE north 470 38' west along the southwest boundary line of said Rapos
Tract a distance of 80.0 feet to a point for a corner same being the sout
west corner of said Raposa Tract;
THENCE north 420 22' east along the northwest boundary line of said Rapos
Tract a distance of 26.0 feet to a point for a corner;
THENCE south 470 38' east 16.0 feet northeast of and parallel with the so
west boundary line of said Raposa Tract a distance of 80.0 feet to a poin
for a corner in the southeast boundary line of said Raposa Tract;
THENCE south 420 22' west along the southeast boundary line of said Rapos
Tract a distance of 16.0 feet to the place of beginning and containing
1,280.0 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.
Forthepurpossot constructing, installing, repairing and perpetually main-
taining public utilities in, along, upon and
across said premises. with the right and privilege at an times of the grantee herein, his or Its agents,
employees, workmen and representatives ha.iog ingress, egress, and regress In, along upon and across
said premises for the purpose of making additions to, improvements on and repairs W the said
public utilities, or
any part thereof.
TO HAVE AND TO HOLD unto the saki City of Denton s Texas as aforesaid for
the purposes afore" the premises above described.
Witness my hand , this the ~U'day of August A. D. 1972 .
ANTONE APO A
SINGLE ACK1\OWLEDGIIEN'T
THE STATE OF TEXAS, 1 BEFORE DIE, the undersigned authority.
COUNTY OF-DENTON _ .
in and for said County. Texas, on this day personally appeared __..._ANTON.L..RAP.OSA.__.._._._.__.-.._._
_
e..
~k~nopw A me toAet4he person whose name 1S subscribed to the foregoing instrument, and scknow!edged to me
xxl°`• : he . ex&jAed the same for the purposes and consideration therein expressed.
E% UNJI R"-.31Y HAND AND SEAL OF OFFICE. This qU-, day of August . A.D. 19 72
•w
i pre i Notary Public, . Qe ton County. Texas
< /4r . My Commission Expires June 1. 1973
.
JOINT ACKNOWLEDGMENT
THE WA~k OF TEXAS, BEFORE ME, the undersigned aottority,
COUNTY OF......
in and for said County. Texas, on this day personally appeared___.
_..th knorcnto me _...__.._.-to _be. .-t h.-e__perso._n_s_...~__.... and.
hiswife, bo whose names are subscri bed to the foregoing instrument, and acknowledged
to me that they each executed the same for the purposes and consideration therein expressed, and the said .
wife of the having been
examined by me privily and apart from her husband, and having the same fully explained to her, sbe, the said..
'ad' _ acknowledged such instrument to be her act and deed
and she declared that she hwillingly sigaed the same for the purposes and consideration therein expressed, and that
she did not wish to retract it.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, day of , A.D. 19.......
Notary Public, County Texas
My Commission Expires June 1, 19_
WIFE'S SEPARATE ACKNOWLEDGMENT
THE STATE OF TEXAS, BEFORE ME. the undersigned authority
COUNTY OF__
in and for acid County. Texas, on this day personally appeared-
-a" . . Wife of
subs _cribed..to the foregoing instrumento and having been examined by me privily
known to arse to be the persoichose nam..e Is'
and apart from her husband, and having the same fully explained to her, she, the said _
. wim vrledged such instrument to be her act and deed. and
she declared that she had willinlsigned the same for the purposes and consideration therein expressed. and that she did
not wish to retract it.
GIVEN UNDER MY HAND AND SEAL OF OFFICE,This-_ _.____._._...day of..._.......-..................... . A.D. 19_._
(L S.)
Notary Pnblk, _._.._....._..._-----._._._............County. Texas
My Commission Expires June 1, 19-..._.
CLERK'S CERTIFa
THE STATE W TEXAS, 1._._......... County
COUNTY
Clerk q.#* County of said . do hereby certify that the foregoing instrument of writing dated on the
_ day of A. D. 19.10• with its Certificate of Authentication, was filed for
record In toy odke on ....1-, .day A. D. 19Z~ at~ • ! o'clock and duly
.009" this_... ~G A. D. 10W , at/4. /ito'eloetlif . in the
a of said County. in Volume 4.arr!t._ , on pa`es..o ....7.......
W1TNE ) Y NAND AND 'RE NTY COURT of said County, at *W* in....._.........
w f ...the day and year last ttetL
County County. Texas
(L.8) By........_ ! , Deputy.
A A A :y T.
c3('r' c to 8 ~O
r~ ~ ~ a
t ~ o -
rn : E• : 01tD a• i
Olt fow
0: FW ED F
w a t~ w; r°~ iS.~ExAS: w ~o
" OENON CUU i 3
d too. 2 AuG t I ~Y
z ; . w o v
Z
j i
ff 411ETA AP"•f OO.t;LE1tI i
~ 1 J ~ ,
CA Wks
THE STATE OF TEXAS, SNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DEKTON
THAT KATHLEEN NICHOLS HARPER
Of Denton County, Texas . in consideration of the sum of
Ten and No1100 ($10.00) Dollars------- and other good and valuable consideration
in band paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by i
these presents grant, bargain, sell and convey unto tot he City of Denton, Texas , the free
and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following
described property. owned by me and situated in Denton County, Texas:
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 S.C.
!Hiram Survey, Abstract No. 616, and being part of a tract of land as con-
veyed from Robert A. Nichols to Kathleen Nichols Harper by deed dated March'
15, 1972 and recorded in Volume 646, Page 209 of the Deed Records of Denton
County, Texas, and more particularly described as follows: BEGIN;;ING at a
point lying 150.5 feet south 470 38' east and 150.0 feet south 420"22' west;
of the most northerly northeast corner of said Harper Tract, said point of
beginning also being the southeast corner of a tract of land conveyed by
Kathleen Nichols Harper to Antone Raposa by deed dated May 18, 1972 and re--
corded in Volume 646, Page 436 of the Deed Records of Denton County, Texas;
THENCE north 420 22' east along the southeast boundary line of said Raposa
Tract a distance of 16.0 feet to a point for a corner; THENCE south 470 38'
east 134.0 feet southwest of and parallel with the northeast boundary line '
of said Harper Tract same being the southwest right of way line of U.S. High
way No. 77 (Dallas Drive) a distance of 80.0 feet to a point; THENCE south
570 509 east a distance of 50.80 feet to a point for a corner same being th
southwest corner of a tract of land conveyed by Robert A. Nichols to Antone
Raposa by deed dated January 28, 1971 and recorded in Volume 616, Page 266
of the Deed Records of Denton County, 'T'exas, and also being the northwest
corner of a tract of land conveyed by Kathleen Nichols Harper to Antone
Raposa by deed dated May 18, 1972 and recorded in Volume 646, Page 438 of
the Deed Records of Denton County, Texas; THENCE south 420 22' west along
the northwest boundary line of aid Raposa Tract a distance of 16.26 feet to
a point for a corner; THENCE north 57a 50' west a distance of 49.36 feet to
a point; THENCE north 470 381 west 150.0 feet southwest of and parallel wit
the northeast boundary line of said Harper Tract, same being the southwest
right of way line of U.S. Highway No. 77 a distance of 81.44 feet to the
place of beginning and containing 2,115.84 square feet of land, more or les
And it is turtha agreed that the said City of Denton,, Texas
s
In consideration of the benefits above set out, will remove from the property above described, such feaoes„
buildings and other obstructions as may now be found upon said property.
For the purpose of constructing, installing, repairing and perpetually
maintaining public utilities in, along, upon and
access said premises, with the right sud privilege at all times of the grantee herein, his qr 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 tho premises above described.
Witness my hand , thls the 40%day of August . A. D. 19 72.
O
SINGLE ACKNOWLEDGMENT
THE STATE OF TEXAS,
DENTON BEFORE ME, the undersigned authority,
COUNTY OF. _
in and for said County, Texas, on this day personally appeared KATHLEEN... NIICHOLS ,.HARPER,...
.t x-
kn4pit'to me toebe the person aitose name is subscribed to the foregoing insrumenl, rnd acknowledged to me
Wa _ S he executed the sonic for the purposes and consideration therein e.prr~5cd.
L•EN li.%alsJt my IIAND AND SEAL OF OFFICE, This k tt - day of August.. , A.D. 19 72
• fi f.,~ i. t
s Notary Public, Denten County, Texas
~i'•. ~ Sly Commission Expires June 1, 19 73
T , JOINT ACKNOWLEDGMENT
THE STATE OF TEXAS, BEFORE ME, the undersigned authority,
COUNTY OF__
in and for said County, Texas, on this day personally appeared_-_
_ _ _ and-----•--•-•---......._.__ _
his wife, both known to me to be the persoru whose names are subscribed to the foregoing instrument, and acknowledged
to toe that they each executed the same for the purposes and consideration therein expressed, and the said
. _ wife of the said ...-.__...._...._.._....._.ha~ing been
examined by me privily and apart from her husband, and having the same fully explained to her, she, the said .
acknowledged such instrument to be her act and deed
and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that
she did not wish to retract it.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This _._day of , A.D. 19_.....
/ L.S.)
Notary Public. County, Texas
My Commission Expires June 1. 19 WIFE'S SEPARATE ACKNOWLEDGMENT
THE STATE OF TEXAS, BEFORE ME. the undersigned authority,
COUNTY OF _
in and for said County, Texas, on this day personally appeared........ _
, wife ot..._.__...------....__._._...........
known tome to be the person whose hams 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 _ _
acknowledged such instrument to be her act and deed. and
she declared that she bad rcillin7 aigaed tl a same for the purposes and consideration therein expressed, and that she did
not wish to retest it.
GIVEN UNDER MY HAND AND SEAL OF OFF MThIs.._._-._____._.day ot........ A.D. IV
Notary Public, _ - _ _ _ -..Coaaty, Texas
_
My Commission Expires June 1. 10
CLERK'S CERTI C TE
THE 3TAT EXAS„ ate.... _.4✓..-.... county
COUNTY OF
i Clem a Canty Court o Canty, beeeby certify that the foregoing instrument of writing dated on the
A. D. 1 . l.with its Certificate t Authentication, was filed for
record s my office ° - y of , A. D. 19.0 , at o'clock - .1tor M, and duly
recorded Ws__~lI"` Of _ _..._.__._...A D.19AA'a4K/'I.o'do~k..- ....]d, the
..Records of said County, In Volume- t on Posts
AND OF COUNTY COURT of said County, at once in
TY~g~ibe day and year last t
CountyJ er County, Texas.
(1. 8,) , Deputy.
w R € E+ * ~i~ fi ` € `a s r
saw 91
e
V a`f
Z N ` t I '0 ,0 0:
L Of NEW
o W° H E°• w OINt¢N#~ fYrtCs- s
x• i ' W i t= e 3
43 ( € Olt AN 4H:
d = "
94
` i
i9a
taro ~crrrtt,
ZA~c ' 1= L! V't/ U it ,il tlle6' M ®S P IT L t)EN7(W rrxns ~csot
lBf~) :8/•SSFI
Aui;►►s t 29. 1972
Mr. Jim White
City Manager
Terminal Annex
215 East McKinney
Denton, Texas 75201
Dear Mr. White:
Attached is a letter from Leatherwood and Ward, Certified Public
Accountants, whom the Finance Committee and Board of Directors
of Flow have selected to audit our records as of September 30, 1972.
As per contract with City and County, this letter from them stating
their fees and so forth needs to have the approval of both the City and
County.
I would appreciate your advising me as soon as possible the action
of the City in regard to this letter so that we can notify these people,
and they can start their preliminary work.
sincerely,
L•'.
~ilatson, FACF[A
LfI-;rrv
Administrator
LEW/mlf
Enc: 1
Ct:3&rtrtrn llvisr.oc Accouxi^xts
FouT NVOHT 1'. DALLAS
TAnrtmn t%Av,Ncs aultolmo
rIr111 ARO IAVLO"
hoLts Wouvai. Texas
~uas
August 8, 1972
fir. At Testa
Chairman of Finance Coimittee
Flow Ncn:orial Ilospi tal
.P. 0. Box 17040
Dallas, Texas 75217
Dear 111r, Testa:
Vo are pleased to have been selected as the auditors for Flow Memorial
Hospital at your July 24 meeting. On July 27 we alct with fir. Tomlinson
and Mr. Provost for the purpose of learning as much about the hospital
operations as we could in order to be able to provide you with an esti-
mate of'the fee which would be required to perform the financial audit
of the hospital for the fiscal year ending September 30, 1972.
Based upon what we were able to learn about the hospital during our visit
and after preparing a basic audit program upon which to estimate the
required staffing and man-hours to complete the audit, it appears to us
that a fee ranging from $9,600 to $11,000 would be required. Our customary
method of billing is based upon the actual amount of time required to com-
plete an engagement with billings being made monthly for the work done
during the preceding month. Charges for each individual working on the
job are based upon billing rates relating to each individual's experience
and ability. The above fee range was arrived at using approximately one-
third partner time, one-third CPA staff time, and one-third non-CPA staff
time. .
It should be pointed out that we will approach the engagement with the
idea In rind that an unqualified opinion is to be given. however, our
preliminary review of the hospital operations indicstcs that there have
been problems In the areas of patient receivables. fixed assets, Medicare
status and'their related effect upon the income statement. Although there
have been recent changes in controls and accounting reports designed to
eliminate the above problem areas, the period to be audited does include
several months of operations in which these controls were not applied.
These items may cause some difficulty in the issuance of an unqualified
opinion.
% • U AIIIENW000 APAD WARD
Mr. Al testa •2 August 8, 1972
Chairman of Finance Committee
Flow Memorial Hospital
As the audit progresses, we would expect to meet with the Finance Committee
to report on the progress of the audit and discuss any difficulties which
we may l,q encountering. These meetings would afford you the opportunity of
selecting alternatives before the entire audit is complete.
We are looking forward to our association with Flax Hemorial Hospital and
if there arc any questions relating to the audit or any other area in which
we may be of assistance, please do not hesitate to call us.
Very truly yours.
Jerry ff. Bailiff
for Leatherwood and Hard
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16204
THE STATE OF TEXAS, ILNOW ALL MEN BY THESE PRESENTS: '
COUNTY OF DENTON
THAT TURBO REFRIGERATING COA PANY
Of Denton County, Texas , in consideration of the sum of
Ten and No1100 ($10.00) DottaA4----------- and other good and valuable consideration
in hand paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by
these presents grant, bargain, sell and convey unto to the City o F Denton, Texas , the tree
and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following
described property,
owned by it . Situated in Denton County, Texas .
All that certain'tot, tract'oA patcet o6 land lying and being situated in.
the City and County o6 Denton, State o6 Texas, and being part of the W.E.'
Teague Suavey, Ab4tAact o. 1266, and being pant of Lot No. 3, Stock E of
the Shady Oaks Indu4t4i:- Patk Addition, an Addition to the City/County
of Denton, and also being pant 06 a tract 06 Land as conveyed Jtom Schittl.
Steet Company, Inc., to Turbo Regtigetating Company by deed dated June 23,
1963 and tecotded in Volume $25, Page 60 o6 the Deed RecoAd4 o6 Denton
County, Texas, and mote particutatly de4c4ibed as 6otlow4:
BEGINNING at a point in the south boundary line o6 said tract, said tine
at4o being the notth tight o6 way line of Shady Oaks DAi.ve, said point o6
beginning being 207.0 beet west of the intersection .1 the north tight o6
Way line 06 Shady Oaks Drive and the west tight o6 way tine o6 Woodrow
Lane;
THENCE north to 30' east a distance o6 118.0 Jett to a point Got a cotneA;
THENCE south 81' 30' east a distance 0J 16.0 beet to a point Jot a cornet;
THENCE south to 30' west a distance of 119.06 Jeet to a point lot a come
in the south boundary tine of said tract, same being the north tight of
way tine of Shady Oaks Drive;
THENCE weatetly atong the south bound*A tine of said tract, same being
the north tight of way tine of Shady Oaks Drive, a distance of 16.08 Jee#
to the ptace of beginning and containing 1,896.32 4qua4e Jeet of land,
mote of leas.
And it is further agreed that the uW City of Denton, Texas
in w .1deration 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, instttting, repairing and petpetuatly
maintaining public utititie4 in, along, upon and
across said premises, with the right and privilege at ad times of the grantee herein, his or its agents,
employees, workmen sad representatives having ingrem egress, and regress in, along upon and across
said premises for the purpose of making additions to, improvements on and repairs to the said
pubttc' at tides, of
any part thereof. `
TO HAVE AND TO HOLD unto the aadd City o J Denton, Texas as aforesaid for
the storeesid the premises above described.
hand , h the 1e day of August , A. D. 1912 .
• BY:
SINGLE ACKNOWLEDGMENT
THE STATE OF TEXAS 1 BEFORE ME. the undersigned authority,
COUNTY OF DIIJTON . . _ ...r
in and for said County. Texas, on this day personally appeared . Sdwarti_.O. - Douglas..................
• 4.
known me fop be the person .chose name subscribed to the forego:tr instrun:ant, and acknowledged to me
e the same for the pure zes and consideration therein expressed.
that h16: `Etc utri
' IIA\D .t 'D SEAL OF OFFICE, This 31 4t- da- of Aug t , A.D. l9 72
tv,{~ ER X11
04
:sW
Notary Public, 17 On County. Texas
My Commission Expires June 1, 1973.
' JOLT ACKNOWLEDGMENT
THE•S;ATE OF TEXAS, - BEFORE ME, the undersigned authority,
COUNTY OF _
in and for said County, Texas, on this day personally appeared.. .
his wife, both xnow_-n t.o me to be the persons ,chose names are subscribed to the foregoing instrument, and acknowledged
to me that they each executed the same for the purposes and consideration therein expressed, and the said . .
, wife of the said _._..__.__,_._..--•-__.__..__...._...hsviag been
examined by me privily and apart from her husband, and having the same fully explained to her, she, the said.. . .
- _ acknowledged such instrument to be her act and deed
and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that
she did not wish to retract it.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of_ A.D. 19-....
(LS.)
Notary Public, __County, Texas
My Commission Expires June 1, 19...... _
WIFES SEPARATE ACKNOWLEDGMENT
THE STATE OF TEXAS 1 BEFORE IIE: & riodersigned authority,
COUNTY OF. _ J
in and for said County. Texas. on this day personally appeared.... .
wife of...... r
trtowa to me to be the person whose name is sobacrlbed to the foregolttg instrument, and having been examined by one privily
and apart from her husband. and having the same fully explained to her, she, the sad_
acknowledged such Instrument to be her act and deed. and
-
she declared that abe had willingly signed the same for the purposes and consideration therein expressed, and that she did
not wish to retract it.
GIVEN UNDER MY HAND AND SEAL OF OFFICE,ThIo....._-._.._._day A.D. 19............
(L S) -
Notary PabSe, Texas
My Commission Fnpires June 1, I9._---
CLERK'S CERTIMCM&A
TAE WAT TEXAS, I,..-AW..-._._...._....-_......_.., County
COUNTY OF...
MA the County Court of said County, do hereby certify that the foregoing instrument of writing dated on the
......day of........... - D)) with its Certificate of Authentication, was filed for
record in my o18oe on _da1 t.... »r(J.. A. D. 19.74, , at 'aa o eloek /9... Tt1 and dal ,Qw Y y
recorded day of__. _ ....._.__._..-........_.__.A D.181.Z. at.if/'07.ecloek_..~ M Inthe
of said County. in Voiume-.l"
WIT >d HAND AND SEAL OF THE COUNTY COURT of said County, at a&* in )f.......-----
~ the day and year last aboaq Witte
-
Count . _ •..----._...-Canty. Teaaa.
By.... N-...-. Deputy.
Ta t!
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BOARD OF EQUALIZATION
OATH OF OFFICE
THE STATE OF TEXAS X
KNOW ALL LIEN BY THESE PRESENTS that
COUNTY OF DENTON X
and O,Cp, e , a member of the Board of
Equalization of tle City of Denton, Texas, for the year, A. D. 1972,
hereby solemnly swear that, in the performance of my duties as a member
of such Board for said year, I will not vote to allow any taxable
property to stand assessed on the tax rolls of said City of Denton,
Texas, for said year at any sum which I believe to be less than its fair
and uniform value; that I will faithfully endeavor to have each item
of taxable property which I believe to be assessed for said year at less
than its fair and uniform value, raised on the tax rolls to what I
believe to be its fair and uniform value. I further solemnly swear
that I have read and understand the provisions contained in the Consti-
tution and laws of this State, and the Charter and Ordinances of the
City of Denton, relative to the valuations of taxable property and that
I will faithfully perform all the duties required of me under the Con-
stitution and laws of this State, and the Charter and Ordinances of the
City of Denton. So help me God.
gm, a
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THE STATE OF TEXAS X
COUNT][ OF DWM X
Sworn to and subscribed before me by the said Clayton Atkins ,
Garland Cates and Paden Neeley , this 14th day of
August , A. D. 1972.
Hush Nixon
No ry Publ in and for
Denton County, Texas
~I(
STATEUENT
~o.~ens.+crwuvrtuws~~ncswoc.o~:r.s.reu zr.~~.assss
TO City of Denton
Municipal Building
Denton, Texas 76201
DATB August 17, 1972
ADVERTISING - OUTDOOR
Middleton, Inc. - (4) 11' x 48' painted bulletins - Hwy 380
W. of Denton; Hwy 380 E. of Denton; I-35
N. of Denton; I-35 S. of Denton
Month of August $400.00
Service Fee for Month of July 1972 466.66
TOTAL AMOUNT DUE $866.66
Roy A pleto , Jr., Ch
Date
Don Lewis, Exe utive Vice President
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CITY OF DENTON
AND
DENTON INDEPENDENT SCHOOL DISTRICT
Minutes of the Board of Equalization for Year 1972
The Board of Equalization convened August 14, 1972 at
9:00 A. M. in the Tax office of the Denton Independent School
District, 215-B East Oak Street, Denton, Texas.
Present: Board members, Clayton Atkins, Garland Cates,
L. Paden Neeley, Tax Assessor-Collector L. Ludwig, of the
Denton Indpendent School District and Tax Assessor-Collector
Hugh Mixon, of the City of Denton.
The Oath of Office was given the Board members.
Clayton Atkins, was elected Chairman of the Board and
was informed that due notices of the Board of Equalisation
meetings had been given and proper publication had been made.
Chairman Atkins, stated that the Board was now ready for
business; whereupon the Board proceeded with the following Protests:
• MONDAY AUGUST 14, 1972
Em CITY LOT RENDERED ASSESSED VALUE SET
& BIACK AFL VALUE BY BOARD
J. M. Moses 4.1/339 $1,700. $1,410.
Sybil Jordan 7/458-A 3,230. 3,070.
Bill & Ray Lycch SCHOOL ACCOUNT
Jim Jacobs 1D/187-1 29290. 2,290.
White Furniture Store AIRCRAFT NON-RESIDENT
Raybon E. Sanders 13/179 31,310. 39310.
W. E. Woods 5/236 40860. 4,160.
Bob Tripp 5/415 21970. 2,970.
Bob Tripp 999A/415 112890. 110890.
L. G. Melton 1/459 29700. 29700.
W. M. Loveless 27/157 170900. 17,900.
Grissom SCHOOL ACCOUNT
C. B. Welch 2/176-D 3,700. 39350.
Mrs. C. C. Jones SCHOOL ACCOUNT
Mrs. C. A. Tripp 6,7/415 62630. 6,250.
TUESDAY AUGUST 159 1972
Gene Gambill 6C/4070 40800. 40800.
Gene Gambill 16/4070 193,060. 19,060.
Thous J. Srokosz, Jr. 1/176-V 150000. 13,670.
John T. Coker AIRCRAFT 40400. 20400.
Miss Hervey Thompson 3/1000• 41,720. 40720.
Miss Harvey Thompson 4/1004 3,600. 3,600.
W. E. Lackey 7/3037-A 61,670. 59610.
Earl L. Frost 9/420 39670. 2,180.
D. H. Fry 8/276-B 10,500. 100500.
D. H. Fry 1/276-D 389000. 38,000.
J. L. Edwards 17/176-P 4,760. 43,080.
Val" Johnson 1/138-2 119070. 109630.
Mr. Worley SCHOOL ACCOUNT
Skillern Drug 919003700 19,560. 26,550. 26,550.
Skillern Drug 919003703 13,570. 209330. 20,330.
Tuesday, August 15, 1972
The Board considered the foregoing items. Motion was made
and seconded that the values be approved. The motion carried.
It was moved, seconded and carried that the schedule of values
applied to unrendered automobiles, trucks, mobile homes, aircraft,
are fair and equitable anJ assessments made by the Assessor and
Collector of Taxes are hereby approved.
It was further moved, seconded and carried, that all protests
not herein expressly enumerated for persons who either appeared before
the Board of Equalization, or filed protests and failed to appear,
are hereby expressly overruled and assessments ate wade by the
Assessor and Collector are in all things approved.
It was further moved, seconded and carried, that the valua-
tions placed against property of persons who were given notice of
such valuation and who failed to appear before the board of Equal-
ization are approved.
The Board of Equalization, having reviewed the protests and
the assessment rolls covering taxable property located within
the City of Denton and the Denton Independent School District,
in their entirety and after duly considering the sane, are of the
opinion that the assessment rolls as corrected should be in all
things approved.
There being no further business before the Board, their
labors having been completed; it was moved, seconded and carried
that the Board of Equalization sitting for the year 1972 be duly
adjourned.
Attest:
Hugs Mixon Secretary Equalization Board
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