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HomeMy WebLinkAbout09-1974 SEPTCtIBER 191 11 BEFORE: THE FIREMEN'S AND POLICEMEN'S CIVIL SERVICE COMMISSION OF THE CITY ^F DENTON, TEXAS IN RE: SAMUEL ADAMS ' MOTION FOR REHEARING TO THE MEMBERS OF THE COMMISSION: Fireman Samuel Adams respectfully requests the rehearing of his demotion order made by this Commission September 27, 1974. Samuel Adams would show the Commission that it is agreed by himself and Fire Chief Jack Gentry that the order of demotion reducing the rank of Samuel Adams from Captain to Fireman should be amended. Such amendment should make final the demotion of Samuel Adams to the rank of Driver effective from September 27, 1974. WI IAM 'OD ATTORNEY FOR SAMUEL AD MS • > t~ ~y ~ y n • i f~ ! ~k ~ ~ N ~ ~ } . f ~ h_ 7 ~ } 5`~a fi t_ BEFORE THE FIREMEN'S AND POLICEMEN'S CIVIL SERVICE COMMISSION OF THE CITY OF DENTON, TEXAS MOTION FOR REHEARING TO THE MEMBERS OF THE COMMISSION: City of Denton Fire Chief Jack Gentry requests the rehear- ing the order of demotion made by this Commission in the matter of Samuel Adams September 27, 1974. Fire Chief Jack Gentry would show the Commission that it is agreed by himself and Samuel Adams that the order of the de- motion reducing the rank of Samuel Adams from Captain to Fire- man should be amended. Such amendment should make final the demotion of Samuel Adams to the rank of Driver effective from September 27, 1974. G J GENTRY, FIRE C F TY OF DENTON, TEXAS ~ c, ~ . ~ t 'r 1 t:f ° t' c i... -T) l ~T. 1 5 f G~~ • r THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT I, TRACY H. DAVIS, a widow of Denton, Denton County, Texas, desiring to execute a general power of attorney, have made, constituted i and appoint my daughter, IVA OLA BISHOP of Denton; Denton County, Texas, my true and lawful attorney, for me in-my name, place and stead to do and perform all acts, deeds, matters and things %:fi atsoever con- cerning my personal affairs necessary and advisable in a judgment of my said attorney as fully and effectually to all intents.and purposes as I could do if personally present and acting, including, but not limited to, each and every one of the following matters: to deposit or withdraw for any purpose, in or from any hank, savings and loan association, or other financial institution, any funds, Certificates of Deposit, checks or other credits which I now or.hereafter may have on deposit or be entitled to, and to endorse, cash and receive the proceeds of any and all checks, vouchers, or other orders for money, to open or close accounts, and to receive statements, vouchers, notices or other documents from any bank or other financial institution con- cerning any and all accounts or banking transactions in my name or in which I have an interest; to have access for all purposes to any and a all safety deposit boxes or vaults rented in my.name or in the names of any other person or persons and myself, with full power to use the same for safe keeping any property or papers, and to remove therefrom at any time or from time to time, all or any part of the contents of any such box or vaults; to make, execute and file income and all other tax returns and declarations of estimated tax required to be made by rae by any law or regulation of any government or governmental authority, i to represent and act for me in all tax matters in dispute or litigation, in any government"" department, to receive, endorse and collect checks in settlement of any refund of taxes; to execute, sign and deliver any Patio Ono: and all government reports, applications, requests, vouchers and de- nands in my behalf, including but not limited to those for any and all allowances and reimbursements properly payable to me by the United States; to receive, endorse and collect the pr4)ceeds of checks payable to my order drawn on thc: Treasurer'of the United States for whatever account, and to'execute in my name and on my behalf, all bonds, in- demnities, applications or other documents, which may be 'required by law or regulation to secure the issuance of substitutes for such checks and to givp full discharge for the same; to do all actst neces- sary for maintaining the customary living standard of myself, for providing me with such living quarters, maintenance, food, clothing, medical and surgical and dental care to which I am accustomed; to enter. 'into and take possession of any or all of the-'lands, tenements, here- ditaments and real estate whatsoever in the State of Texas, to or in which I an, or may be in any Grav entitled or interested; to contract to 1 sell and convey the same or any part thereof to any-grantee whomsoever, I for such sure, on such terms and with such agreements as to her. shall seem proper; to:make, execute, acknowledge and deliver good and suffi- cient conveyances for the same upon any such consideration and with .any such clauses, covenants and agreements to be therein contained as my said attorney shall think fit and convenient; until the same 'shall be sold to demise .-.dse or farm let the said real estate to such per- son or persons and for such rent as she may see fit; and to ask, demand, recover, collect and receive all sums of money which shall become due and owing to me by means of any such sale, conveyance.or lease, to take all lawful ways and means for the recovery. thereof, to compound ; and agree for the same and to execute and deliver'sufficient acquit- .tances, releases and disdharges therefor, as well as of any lien or { liens securing any obligation arising in connection therewith, To the full extent permitted by law, my subsequent mental in- capacity shall not operate as a revocation of this power of attorney. Y WITNESS MY HAND this 10th day of. September, 1974. Val , Tracy if. avid Page Two: NE, 'STATE OF TEXAS COUNTY OF DENTO`7 S BEFORE mu, the undersigned authority, a Notary Public in and for Denton County, Texas, on this day personally appeared Tracy If. Davis, a widow, knolen to me to be the person whose name is subscribed to' the foregoing instrument, and acknowledged to me that she executed the sane for the Purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICEF this the 10th day of September, 1974. Notary Public in and for Denton County, Texas My Con mission Expires June 1, 1975 Page Three: I I I I I I ~ m°ID s ci m T wo (D c p 0 ro 0 0 > 9 z ° n n (D n [ 00 2 m s I I & fD gg o o O if ~ m w r Z O i z a ID p i n' m f M (D 31 I c K s0 K I N ii (D !J N$k0O K _O n N T ] CD O_ T lD (D p O Y• C J m a m 00 A m o 45 c ( O oo °-u M w o z m m 0 D -1 CD, o p m F~u ra o>> Ap -0 0, (D 0 (n p I7 z o fD D Z n m 9 ~O m n O r O r n ~ C:a -sue I i CL -4 Q 0, C4 )0. ol z o o m c q w z C4 N oho 4 -4 o c p > X ms Amy' w r I o D p3m o, tn> H E Z m° Hr N m N I t90 0m8. ° O T I Z ~ 7 T I D ;o~ I i ~ ~m3 I I s ~ ~'.a r g~ F NO. ?11-3` AN ORDINANCE ANNEXING TRACTS OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS. THE DESCRIBED TRACTS OF LAND BEING THE LOTS, TRACTS OR PARCELS OF LAND CONSISTING OF 931.5 ACRES ATTACHED HERETO AND DESL;1nIBED HEREIN LYING AND BEING SITUATED IN THE COUNTY OF DENTON,STATE OF TEXAS MORE PARTICU- LARLY DESCRIBED IN EXHIBITS 1-5 ATTACHED HERETO; CLASSIFYING THE SAME AS "A" AGRICULTURAL DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the request for annexation was introduced at a regular meeting of the City Council of the City of Denton, Texas on the petition of the Planning Department of the City of Denton, Texas; and WHEREAS, an opportunity was afforded, at a public hearing held for that purpose on July 2, 1974, for all interested per- sons to state their views and present evidence bearing upon the annexation provided by this ordinance; and WHEREAS, this ordinance has been published in full at least one time in the official newspaper of the City of Denton, Texas, prior to its effective date, and after the public hearing; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION 1. That the tracts of land described in the attachments which are made a part of this ordinance for all purposes the same as if they were verbally within this ordinance be and the same are made hereby a part of said City and the land and the present and future inhabitants thereof shall be entitled to all the rights and privi- leges of other citizens of said City and shall be bound by the acts and ordinances of said City now in effect or which may here- after be enacted and the property situated therein shall be subject to and shall bear its pro-rata part of the taxes levied b:* the City of Denton. SECTION II. The property attached hereto and more adequately described i:: Tracts 1-5 are hereby classified "A" Agricultura'. District Pro- perty and shall so appear on the official zoning map of the City of Fenton, Texas, which map is hereby amended accordingly. rE SECTION III. That this ordinance shall be effective immediately upon its passage. PASSED AND APPROVED this the day of , A. D. 1974. NEU, MAYOR CITY OF DENTON, TEXAS ATTEST: I $KD / T Y CITY OF DENTON, TEXAS APPROVED LEGAL FORM: a~H 4MW CITY ATTORNEY- CITY OF DENTON, TEXAS r 4 1 TPACT 3 t f 4 Field Nates to 235.7 acres of land in the V.E. Gailor Survey, Abstract No, 452; the Thomas Falk Survey, Abstract No. 999; the A.J. burns Survey Abstract No.130, and the cIillinm Roark Survey, Abstract No. 1095 and being a p-)rt a pr E cd city lir: S to extension of the City of Denton, D-:Inton Co,vity, T Je3inain3 at a point in the exiLtin3 city limits line in the west ri3ht- of-sav line of F."t. Rand 216-1 and being -11391.9 feet north of the south ho'andlry line of a tract of land conveyed to R.N. Evers by deed recorded in v_lumo 399.. pace 534 dated November 17, 1954 of the Deed Records of Denton County. Texas- Thenca West 455.23 feet for a corner; Thence North 1 degree 49 minutes West, parallel with and 500.0 feet westerly from th- centerline of F.M. Road 2164 approximately 4790.89 feet; Thence North 3 degrees 23 minutes West, parallel with and 500.0 feet westerly from the centerline of F.M. Road 2164 and crossing the north boundary line line of the V.E. Gailor Survey same being th_ south bound- ary line of the T. Polk Survey, continuing and crossing the most south- erly north boundary line of the said T. Polk Survey, same being the south boundary line of the J.A. Burn Survey, a total distance of 5454.98 feet to a point for a corner; Thence North 86 degrees 37 minutes East crossing at 500.0 feet the center- line of F.M. Road 2164 and continuing in all a total distance of 1000.0 feet to a point for a corner in the north boundary line of the W. Roark Survey, same being the south boundary line of the W. Johnston Survey,Survey Abstract No. 681 and lying in the center of a public road; Thence South 3 degrees 23 minutes East, parallel with and 500.0 feet easterly from the centerline of F.M. Road 2164, crossing the south boun- dary line of the W.Roark Survey, same being the most northerly north boundary line of the-T. Polk Survey, continuing and crossing the south .boundary line of the T. Polk Survey, continuing in all a total distance of 5469.02feet to an angle point; Thence South 1 degree 48 minutes East parallel with and 500.0 feet east- e.rly from the centerline of F.M.-Road 2164, a distance of4825.91 feet to a point for a corner in the south boundary line of the V.E. Gailor Survey, same being the north boundary line of the T.Toby Survey, same being in the existing city limit line; Thence West with the existing city limit line, same being part of the north boundary line of the T. Toby Survey, same being the south boundary lineof the V.E. Gailor Survey at 500.0 feet, crossing the centerline of F.M. Road 21640 545.27 feet to the place of beginning and containing .235.7 acres of land. t a TRACT 4 Field Notes to 196.7 acres, more or l(-ss, of land in the S.McCracken Survey Ahstract No. 817, the V.E.Gailor Survey Abstract N-). 452 and the H.B.4illisms Survey Abstract No. 1417 and hein4 a part of a pro- posed city limit extension of the City of Denton, Denton County,Texas Beginning at a point in the existing City Limit Line in the west right of way of Highway 423, said point also being the southeast corner of a tract conveyed to J.L. h C.A. Ginnings and recorded in ` Volume 613, page 642; Thence Nest with said Ginnings south boundary line 512.6 feet, more or less. Thence North 29 Degrees 37 minutes Est P,3rallol with and 500.0 feet norttrweatorly irj~i. tkr_- c,2nterlinc of :3i--hway 429, 3?.46.1 feet, more or less, to the ceginning of a curve to the right whose radius is 6230.0 feet; Thence in a northeasterly direction along said curve 296.3 feet, more or less, to the and of the curvet Thence North 31 degrees 15 minutes cast parallel with and 500.0 feet northwesterly from centerline of Highway 42B, crossing the north boundary line of the McCracken Survey, same Leing the south boundary line of the V.E.Gailor Surme y, continuing and crossing the east boundary lime of said Gailor Survey, same being the west boundary line of the H.9.;7illiams Survey a total distance of 4911,6 feet, more or less, to a point in the north boundary line of said Williams Survey, same veiny the south boundary line of the J.Cheek Survey Abstract No. 227; Thence East with said Williams Survey and Cheek Survey boundary line at 534.95 feet, more or less, crossing the centerline of Highway 429 continuing a total distance of 1169.7 feet, more or less] Thence South 31 degrees 15 minutes Sest parallel with and 500.0 feet southeasterly from the centerline of Highway 429 crossing the west • boundary line of said Williams Survey, same being the east boundary line of said McCracken Survey continuing and crossing Hartlee Field Road, a total distance of 5419.4 feet, more or less, to the beginning of a curve to the left whose radius is 5230 feet; Thence in a southwesterly direction along said curve 240.4 feet, more or less,to the end of said curvet Thence South 29 degrees 37 minutes nest parallel with and 530.0 feet southeasterly from the centerline of Highway 429 3290.6 feet, more or less, to a point in the existing city limit line, said point being also being in the northeasterly boundary line of Cambridge Square Subdivision; Thence North 35 degrees 30 minutes West with said existing city limit line 421,6 feet, more or less, to a point. Thence North 57 degrees 44 minutes west 171.0 feet, more or less, to a point in existing city limit line, said'point also being on the west right of way of Highway 429; Thence North 29 degrees 37 minutes East with said right of way line 95.0 feet to the place of beginning and containing 196.7 acres, more or less. r P t S t TRACT 5 Field notes of 254,3 acres of land, more, or less, in the S. li.iizar ? S+irvey, Abstract No, 5140 E. Orr Survey, Abstract No. 9930 M. E. P. { b F, R. R. C-), Surv-y, Abstract 14") and the T. Egan Survey, Abstract No, 406, Denton County, Texaso said tract being part of a prooosed city limit r_xtensiom of the City of Denton, Denton County, Texas. j Be.iinnin7 at a point in the existing city limits in the center of Masch er3nch Road, 300,06 feet southerly or the center line of Highway 390, said point being also on the survey line common as the western j line cf the • Dryan Survey, 143 an3 the eastern line of the Thence southerly with the center line of ,Lasch Branch Road 200,04 + feet, mor- nr less t7 a noint which Ii-2s 500 feet_ southerly and at right anYles to the center line of Highway 390; Thence ;forth SS degrees 50 minutes - est, parallel to and 500 feet • soulh•::rly of the curter line of rii3hway 3t;0, crossing the survey line common as the most easterly west line of the said Huizar Survey and the east line of the said E. Orr Survey, overall, a total distance of 6997,5 feet, •nore or less, to the beginning of a curve to the right , said curve having a radius of 11,959,16 fAet; ',hence in a northwesterly direction along the arc of said curve lying 500 feet southerly of and radial to the center line of Highway 390 a total arc length of 977.54 feet more or less to the end of said curve; Thence North 94 degrees 09 minutes Nest parallel to and 500 feet southerly of the center line of Highway 390, crossing the survey line common as the west line of the E. Orr Survey and an east line of the said M. E. P. & P. R. R. Co. Survey, crossing an old, abandoned county road, overall, a total distance of 3284.0 feet, more or less, to a point for corner; 500 feet southerly of said Highway 390; Thence North 5 degrees 51 minutes East, crossing field, then onto and with the center line of abandoned county road, crossing Highway 380, overall, a total distance of 1000.0 feet to a point for corner, same being North 59 degrees 40 minutes West 9620 f=et, more or less, from an existing corner of City Limits, said corner being in center of Scripture Street and 1039 feet northerly of bhe northeast corner of the M. H. Davis Survey, Abstract No. 377; Thence South.94 degrees 09 minutes East, parallel to and 500 feet northerly of center line of said Highway 390, crossing the survey line common as an east line of the said M. E. P. & P. R. R. Co. Survey and a west line of the said T. Egan Survey, overall, 3294.0 feet more or less, to the beginning of a curve to the left, said curve having a radius of 10,959.16 feet; Thence in a southeasterly direction with the arc of said curve, crossing the survey line common as the east line of the said Egan Survey and the west line of said S. Huizar Survey, this line being the center line of a north south county road being a total distance of 995.8 feet, more or less, radial to and 500 feet northerly of center line of Highway 380; Thence South 99 3egrees 50 minutes East, parallel to and 500 feet northerly of the center line of Highway 390 a total distance of 6367.1 feet to a paint in center of north south county road, same being the survey line common as the east line of the said Huizar Survey and the west line of the said 14. Bryan Survey, the county road being known locally as the Masch Branch Rosd; 1 Thence South with the center line of said Masch Branch Road, crossing center line of Highway 380 at 500.1 feet, overall 600.16 feet to the place of beginning, and containing 254.9 acres of land, more or less. t TRACT 1 Pi.l;i CI t to 36,9 Dcrec-, mire or less, in the C.R.R, Co. } Survey T>hstrrict it ,9 ::nl the Pi.-in, S,irvey Ahstr,ict Nn. ')94 an-3 heroi a rnrt o° 3 proposed city limit extension cf th- City of Denton, Denton. County, Texas. ' Beginning at a point in the existin`1 city limits in the r.B•3, f. C.R.R. Survey, same point ceina 500,0 f,?et from and at right anol,3s to the centerline "of IH-35'4- Thence South 29 degrees 55 minutes 51 seconds west parallel with and t 500.0 feet at right angles to the centerline of IH 35i+', crossing the , boundary line between the B.B.B. & C.R.R. Co Survey and the E. Pizano Survey a total distance of 3062,5 feet, more or less, to a point in the center of Crawford Road, same point also being in the Denton- Argyle Jurisdiction Agreement Line; Thence i•,est with the centerline of said Crawford Road crossing the centerline of IH 35i4 at approximately 577.0 feet a total distance of 115?.9 feet, more or less, to a point 500.0 feet westerly from and at right angles to the cent©rline of IH 35w. Thence North 29 degrees 55 minutes 51 seconds East parallel with and 500.0 feet at right angles to the centerline of IH 35w crossing the boundary line between the E. Pizano Survey and the B.B.B. & C.R.R. Co. Survey continuing a total distance of 5375,1 feet, more or less, to an existing city limit corner west of IH 35+x' and being in the B.B.B. & C.R.R. Co Survey; Thence South with the existing City Limit Line 2004.2 feet, more or less, to the place of beginning and containing 96.9 acres, more or less. .4 a i -a • a TRACT 2 i All,th,it certain 147.4 acre, more or less; tr')ct situated in the M. r Forrf--t Survey, '1b-tr-ic-t tJo, X11 1, the llatbs Survey, I+b +LracC No, 3'`3, the J. ;:illia*n;r~n ~urvcy, AL: tract No, 1419, and the R. N.osely ~ Survey, Ah!.trlct No. ?q 3, i/nriton County, I'er:as; Said tract '':in] p+rt o: a prnc >o'i e:.t :asl n of existin j city 11'nits of the City ; 1 ..7S ;~ent.on, nt:~n Tpv Of Eie i3~,)inuiti4 3t o'~int in thn oxi^tinj city li-nits, being at ri.;ht angle t,) -in'l as" fnnt r,-iuthF?riv of center liar-, of V. S. Highway 390 in : cent.' r n; n: rrhaut} r.'~::1 is rot 1- Ih"'n a t: :iti ti,•r x:.`. ; li,"r~ Te t-~-in, the center line hi ;h -ly 3•s0. 17. • ,r to for corner , this aril exi;tinj ity li-its, said point )yini nt right •anales OnJ n-) rLh. - rly ».l t , pirr1 l 1 1 t:> 7nd _ 50 t c est. Thence Juror i, ji ins th survw northerly :,i. Crrft :i.i 1.J Ct'lli '.1 ~i.i ~ - ~ line cu-n"ron as th,-~ north line of the said Forrest Survey and the south line of the 7.~i3 R, Darts :;urv.,y, overall, a total listance of 1095.78 feet Tore or J-ss, to thr? beginning of a curve to the right whose radius is 6079,56 feet; Thence in an easterly lirection along the arc of said curve 1108.94 feet tr) the en3 of sail curv^- Thence South 59 de-jrrr,~-s 07 minutes East parallel to and 350 feet northerly of the center line of U. S. Highway 380, crossing the survey line common as the east line of the said Dabbs Survey and the west line of the said J. Williamson survey, overall a total distance of 6637.9 feet, more or less, to the beginning of a curve to the right whose radius is 4169." feet; Thence in an easterly direction along the arc of said curve 371.91 feet more or less to the center line of Rock Hill Road; Thence South 6 degrees 59 minutes 30 seconds 'Rest , crossing U. S. Highway 390, crossing survey line common as the south line of the said J. n'i3liamson Survey and the north line of the R. Mosely Survey, overall a total distance of 700.0 feet to a point in curve whose radius is 3469.7 feet Thence in a westerly direction along the arc of said curve 309.39 feet, more or less, to the end'of said curve; Thence North 99 degrees 07 minutes Nest parallel to and 350 feet southerly of center line of said U. S. Highway 390, crossing the survey line common as the west line of the said Mosely Survey and the east line of the said Forrest Survey, overall, a total distance of 6637.9 feet, more or less to the beginning of a curve to the left whose radius is 5379.59 feet; Thence in a westerly direction along the arc cf said curve 981.16 feet to the end of said curve; :hence South 91 degrees 26 minutes Nest 1201,2 feet to the point of beginning and containing herein 147.4 acres of land, more or less. r r r { ~ j' _ _ L , ~ ~1. i .r SCE TS } v g ~ € ~ r; . 1;. ~~f . ~ ~ A t ~ Z r , ' ~ ~ . ~/i i• „ ~ ~ ~~tr f, i. ~ ~ ~ y:`.t rT I ~ . - i i r ~ ~ ~ _ ~ r ~ = r I. ~ ~ 7 No. 7µ - j 5 AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON` -TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF 76.24 ACRES LYING AND BEING SITUATED IN THE J. FISHER SURVEY, ABSTRACT NO. 421, M.E.P. & P.R.R. CO. SURVEY, ABSTRACT NO. 950, AND THE S. F. REYNOLDS SURVEY, ABSTRACT NO. 1654 CLASSIFYING THE SAME AS "SF-10" SINGLE FAMILY DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the request for annexation was introduced at a re- gular meeting of the City Council of the City of Denton, Texas, on the petition of BAILER CROW; and WHEREAS, an opportunity was afforded, at a public hearing held for that purpose on July 16, 1974 for all interested persons to state their views and present evidence bearing upon the annexa- tion provided by this ordinance; and WHEREAS, this ordinance has been published in full at least one time in the official newspaper of the City of Denton, Texas, prior to its effective date, and after the public hearing; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That the hereinafter described tract of land be, and the same is hereby annexed to the City of Denton, Texas, and the same is made hereby a part of said City and the land and the present and future inhabitants thereof shall be entitled to all the rights and privileges of other citizens of said City and shall be bound by the acts and ordinances of said City now in effect or which may hereafter be enacted and the property situated therein shall be subject to and shall bear its pro-rata part of the taxes levied by the City. The tract of land hereby annexed is described as follows, to-wit: Being a tract or parcel of land situated in the County of Denton, State of Texas, and being part of the J. Fisher Survey, Abstract No. 421, the M.E.P. & P.R.R. CO. Survey, Abstract No. 954, and the S. F. Reynolds Survey, Abstract No. 1654, and being more particu- larly described as follows: BEGINNING at a point for corner at the northeasterly corner of said Fisher Survey and the northwesterly corner of said Reynolds Survey, said point being an ell corner of the existing Denton City Limits; THENCE due north along the westerly line of said M.E.P. G P.R.R. CO. Survey and the existing Denton City Limits a distance of 848.2 feet to a point for a corner; THENCE south 890 25' 07" east along the northerly line of said Sur- vey and continuing along the existing Denton City Limits a distance of 1013.00feet to a point for a corner; THENCE south 1° 04' 27" west a distance of 15b8.00 feet to a point for corner at the southeasterly corner of said Reynolds Survey; THENCE north 871 39' 11" west along the southerly line of sa'_3 Reynolds Survey passing the southwesterly corner of saiO Survey and along the southerly line of a tract of land conveyed to Harold E. Harmon by deed recorded in Volume 457, Page 488 of the Deed Re- cords of Denton County, Texas, in all a distance of 3559.00 feet to a point for corner; THENCE in a northerly direction along the existing Denton City Limits and along a curve to the left that is concentric with and 5.00 feet easterly of the easterly line of FM 2181, having a radius of 766.78 feet and an arc length of 24C.4 feet to a point for corner; THENCE north 00 38' 30" west continuing along the existing Denton City Limits a distance of 398.00feet to a point for a corner; THENCE south 890 24' east along the northerly line of said Fisher Survey and continuing along the existing Denton City Limits a dis- tance of 2630.00 feet to the place of beginning and containing 76.24 acres, more or less. SECTION II. The above described property is hereby classified as "SF-10" Single Family District and shall so appear on the official zoning map of the City of Denton, Texas, which map is hereby amended accordingly. SECTION II7. This ordinance shall be effective immediately upon its passage. PASSED and APPROVED this` day of , A. D. 1974. BILL NE U, MAYOR CITY OF DENTON, TEXAS ATTEST- 4AQOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS. APPROVED LEGAL FORM: W. RALPH , CITY ATTORNEY CITY OF DENTON, TEXAS 1 a t ' r. s. i s n • 'r 20 90 DEED RECOFtD9 THE STATE OF TEXAS COUNTY OF DENTON X ~`.L Cril:1 THAT NE, JMIES R. NEBLETT and MARGARET ANN McMILLAN, the owners of the Marg-Sam Subdivision to the Morreau Forrest Survey, Abstract No. 417, Denton County, Texas, being described in Exhibit "A" attached hereto and by reference made a part hereof, do hereby adopt the plat of said sub- division known as the Marg-Sam Addition, and Dedicate to public use forever all of the roads, streets and easements for utilities shown thereon. EXECUTED on this the Z r day of , 1974. STATE OF TEXAS X COUNTY OF DhNTON X BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared JAMES R. NEBLETT, ~~;j¢xn to me to be the person whose name is subscribed to the ; ~~n1f~TI','$$ging instrument, and acknowledged to me that he executed `~afn~ for the purposes and consideration therein expressed. 6IVEN UNDER MY HAND AND SEAL OF OFFICE, Thisiday of i,e eQ te/ , 1974. c c~.. o ary u c, Dehtdh County, Texas STATE OF TEXAS X COUNTY OF TARRANT X BEFORE ME, the undersigned authority, in and for said 1" Qunty, Texas, on this day personally appeared MARGARET ANN gTLLAN, known to me to be the person whose name is subscribed Y Pbg~e foregoing instrument, and acknowledged to me that she 2iedlthe same for the purposes and consideration therein i exp cti`' tip- IVE UNDER MY HAND AND SEAL OF OFFICE, This/)Q ,day 1974 -0tf kr c, Tarrant County, Texas Jac,,( 0, Nc Fxr/4ncG TRACT 1 VOL :729 tact 627 EXHIBIT "A" All that certain tract or parcel or land situated in the Xoreau Forrest Survey, Abstract ..No. 417, Denton County, Texas, and being more particularly described as follows, to wit: K GINNING at the intersection of the West line of said Forrest Survey, szr:e being the East line of the J. Early Survey, wti-I h t;;a southerly right-of-way of the T $ P Railroad, at a zcr.ce corner on the Last line of Mayhill Road (being the same as Cooper Creel: Road); North 700 S ' 10" last wit:i said Railroad right-of-way, 579.39 feet to s steel pi:.; T1 \CE Sou-% l0 32' hest 504.85 feat to a steel pin; THENCE North 89( 26' 40" hest 294.48 feet, a point on the South line of five acre tract and at the Northeast corner of a 70 foot wide strip dedicated for street purposes; THENCE South 10 32' West, 70 feet to a steel pin in a fence at the Southeast corner of said street dedication; THENCE North 390 26' 40" hest with said fence, 245 feet to a steel pin at a fence corner on the West line of said survey; THENCE North l0 32' East with a fence on said line at 70 feet past the Northwest corner of said street dedication tract, a total distance of 372.7 feet to the place of beginning, and containing in all 5.362 acres of land of which 0.362 acres is within said street dedication. • D,::4 . b 1 T "A" TRkCT 2 IVOI '129 [ALE •'i;;L;i NO' :'S 'i0 90.4 ACR S IN Tl;;; `t. FOI.MST SURVEY ABSTRACT 417 AND THE T.H. LIVING but(V"Y, A35'iRACl' 729 DENTON COu1TY, TEXAS Ai: t:at crrtain tract or parcel of land situated in the M. ForeaL Survey, Abstract 417, and t Z.H. Living Survey, Abstract 729, Denton County, Texas, and being part of a 114.013 acre tract deeded to 'Nary Patchell as recorded in Volume 304, Page 528, and being elso part of the tract deeded by Mary Patchell to Marg-Sam'Investment Company, and being ;gore particularly described as follows: 3"GINNING at a fence corner on the North right-of-way of U S Highway 380 at a point N. 80' 51' E. 85.16 feet from the South Southwest cornet of said Marg-Sam Tract, said beginning corner being also the South Southeast corner of a 3.78 acre tract; THENCF. N. 1' 32' F. with a fence 259.11 feet to a fence corner; THENCE N. 86' 53' E. with a fence 200.76 feet to a fence corner; 711F,NCE N. 1' 32' E. with a fence 698.85 feet to a fence corner at the Northeast corner of said 3.76 acres; Th ENCF. N. 89' 26' 40" W. on the North line of said 3.76 acre tract and the North line of a 4 acre tract deeded by Marg-Sam Investment Company to James Payne on September 18, 1963, .1 distance of 799.6 feet to a steel pin at t::e Southeast corner of a tract dedicated for street purposes, at a point S. 89' 26' 40" E. 245 feet from the West line of said Marg-Sam tract and said Forrest Survey; THENCE N. 1' 32' E. 70 feet to the Northeast corner of said Street tract on the South line of the 5 acre Safety-Kleen Tract; THENCE S. 89' 26' 40" E. 294.43 feet to a steel pin at the Southeast corner of said 5 acres; THENCE N. 1' 32' E. 504.85 feet to a steel pin at the Northeast corner of said 5 acres on the South right-of-way of the T & P Railroad; THENCE N. 70' 08' 10" E. with a fence 427.81 feet ; THENCE N. 64' 20' E. with a fence and crossing the North line of said Forrest Survey which is the South line of said Living Survey, 1294.5, feet to a corner on the South right-of-way of said Railroad in the middle of a public road,', THENCE S. 32' 55' E. in the middle of said road 319.6 feet to a corner; n1F.NCE S. 84' 31' E. in the middle of said road 752.8 feet to a corner at a "T" road intersection; THENCE S. 2' 01' W. in the middle of said road 1433.9 feet to a corner at the apex of a right-o-way flare; THENCE S. 41. 16' W. with said flare 184.9 feet to a fence corner on the North right-of- way of said Highway 380; THENCE S. 80' 51' W. with said right-of-way 843.1 feet to an angle; THENCE S. 75' 10' W. 100.5 feet to an angle; THENCE S. 80' 51' W. with said right-of-way 1139.84 feet to the place of beginning, containing in all 90.4 acres more or less. 3 L l~ ~ Coup s N E ( p ayw f4 a Dctu1 fl~~°J to Sara H Jve~nf 3V D ,u l~s °41 cy tJlo q dQ~ 'GL'1~00~ 0~ uo~1 sr4J lrglP~l ~?'1 D:~r '~'~4 kJ3)J all,~~~ 3'~Y 1 ~l j0 31YlS s J PEERLESS INSURANCE COMPANY KEENE, NEW HAMPSHIRE POWER OF ATTORNEY beuovi II mcn b5? CNoic Frcttcntc: Thar the Ps ERITSS INSURANCE COMPANY. a Nce Ifamhshirc Corporation, having its rria- eip.,l oflic,i in the Cry of F,,enc. (aunty of Chcshirc. State of Nce' 113mllshira. pllrnii IU the foL'olsins Bit w, adopted by the Stockholders of al!e A id Company on l l l ti!,h. to wit: ".51;-t I( 1 C 1 (II' it IC I It IS 1 -'I Ix Ili t„dent shall Iv 11 It thhl ,vl uric offt'tr or Ihr Crtol,any and Ihol] ha,c the Louts, p, nu1,115 ,KJ by such rflurr u,,,l am-:,dI-I:on a t; K, 4.t r116x 1 ru, Im o,nft rr,,l'1 l„d 1 9n by Ihr NtIP,l of II it uo.rt,r in 111, 1[r,"II,I (ur•m,1111 r. That 1',I'idrnt nr a nl1,;ority Of Ihr 1'\,'1 l d l l e (ordL I it l rat Inn a I , r K , i n l 111 nr 1t, y 5 ' 1 n ray r , R, wdt nt % ; , a 1'r1 .id, r l . t LIM! AL , . d , lit .\„141n It SC ;I Ial it, 1,nd a ,i;;n In (1H Ill 9N Is d,1I IcI as ma) ' be a, Na l It it,, ,,ut In II I: Co, I I, In, ins illdl n; the ltan on au,l r; it I[.1 it I% of NK,dt, und, ttAI I! IK L:ii, i It t,Im Pitts of in,loomity, :od all other •'ritinjt oldru+lol, in Iho n.,l,lrr, lhrrref and tahtr d,xam,nl, on htlnlf of the ('on,rnne wit It IIm,r I. I, dt 11111, rat 11( !1 an a,nrit,. in tow of roe dt x111, ab,rn cc ur inhilil5 to ail of Ife Vi,,Aiii. that dnlila 1,n,1 lo,nn of the ProLdrnt sluit dt,ohc ul„m an a,:lim I'n.idrni „I:o sl,.dl be a llitrah,r ;l shall be de,ipo1,rl,l 6, thr f vculitr Cnnrrilvcr anti it[ unit 11,r not Wrcnori' nIw'[llt 1 hi, I'n„cr of lltornn r. ,i;Zr l 31WI ,t AI,J III Uio mPr iimll r amI b, Ili, 1,ndta It el d,c fol!c%mit RrK,lutiun ad,q, &unl of Ilirrctott of the ;'turd, ('umP,ny It in wralinx duly tallul and held on the Nth 14% of Uun,lKr, 19ie. "RfvN 171st Ih.n, the .,e nal u'1~ of the I'n.iJtnl. w,I, t1,,t, Ilta,nrsr. Ci,r I'r,61,rir..5,•i.I1,nt Vita N, ul l". III r,3) be ;rnc,cd in an, g i r l . Ibvr „f A,Inou, or an, 4 , 6(nd nq„ Ihn,ol yr an, < trl'ri, Ll''. n•1 FLI,I etc 1L,ud,, Ir. ,iuulc t 11 J, It Allmnre eat era' cer- l t q„ )Imo!, or uv i,,. I I, brit It It Iit '„7o N IIrog nil, fn( jI it rill.;I I:v„t o1 Li, •i o,d lr ,I, ~It Im J I h,;ul ,t ut•n, Ihr ('.o,'Iwration in Ili: ri,rnre it lib it I I,I II ..,,y I,•.nt.l., r,,,Ill I I., 1, n e,, r, t oB nit.,,,, t, rr curt, rat l; tf ,ndu-m,p ee fish t i, tat I Ar II I des It. Idly make, ccnstitute and arpoin[ Frederick B. %11 1 of New York in the S, itc of New York its trot ant Ira ful ::wracy (s)-in-fact, With fui seat and hornroeferrcd in its name, pla:c and stud, to sign, exams, acknowi• edge and deliver in its behalf, and as its act an ithout p of ndcln'ation. as follows: bonds guaranteeing the fidcli per V ding p aces of public or privat ; and executing or guarantee- ing bonds and undertakings fired o Itted in all actions or pr edings 5 y law allowed, excluding con- tract bid and perforn bon 10 one and to exceed FIFTY TN lD DOL 1$50,000.00); and to bin the PerBi.LSS NrF COftIPANY thtnby as fully and r/fFi\ .c cxtr if such bond or undertaking was signed by the dull anthorired officers or the r, -is INSURANCE COMPANY, and 1,!l l act sid ney (s), pursuant w the aurhmity herein given, art In Wirlteae LLlbereot, the PEERLESS INSCRANfF, L"ANY has crux these preunts to be signed by its President, and its Corporate Sal to be hereto affixed by its Secretary this 19 ay of July 19 73 Attest: PEERLESS I\SU~.' COMPANY ✓ I 0Secretary President / - 19f?I _ L. SI stn of New Hampshire l round of Chahi^ ! s1, On this 19th day of July 19 73 , before flit subscror, a Notary Public of the State of New Hampshire is and for the County of Cheshire , duly commissioned and qualified, came Robert G. Pyne, President and Chalks N. Tremblay. St'crcluy of the PEERLESS INSUrill COMPANY, to me personally known to be the individuals and nffirols deserihed herein, and srho executed the pre- din3 instnsment, and tbtry arknow!cdped the exccurion of the same. and bring by me duly ssrnrn, dcro5t•d and said, that they are officers of said Company aforesaid. and that the seal affixed to the prcrcditi insrrl.ment is the Corl'erarc Seal of said Company. and the said Cor}vrite Seal and their signatures as officers were duly affixed and Subscribed to she said instrument t,y the authnrsrs• and direction of the said Corporation. and that Article 4, Section 1, of the By-Laws, of said Comrany, referred to in the yrrrcdiny instrument is rI in force. In Ccaltlnong Wbcm01, I have hereunto set my hand and affixed my Official Sul at Kccnc, New Hampshire the day and 5-tat above written. I CI a~ U"", t-~y,.•,htQT►amtapins pq}s ca ~on~►- t"}, Notary Public. Srli PAR li,}~i,~7,~~' +~itt Ceu'D,yd ~Alo4~''~"t n. F. C. N. Tremblay Sccrcrary of ncc PFrRIYSS INtit'AANrr CO%IPINY. do herebOt,.SSrtiry that the al ove and foregoing is a taut and correct copy of a POWER OF A-f TORNLY, execused by said PH RI 655 INSC'R.~st i1 LVvtP ysl', III hich is still in force and effect. In ►Llftneea IlaNrii I have hereunto set my hand and affixed the Seat of the Contrarily. at Kcrne. Nov: ~Inr "v s: this 13th dal of September .19 74 ,ere :r roc ell, Sccnuty. Form PS-97B (Rev. 1113) PE IE RLESJ $e . D wo.t oss~cs Feeble. New MaMeeMlrte C An 016 New England Cowpeny~ I CERTIFY that at the Annual Meeting of the Director of the Peerless Insurance Company, duly called and held at Keene, New Hampshire, May 7, 1973 the follow- ing officers were elected and still remain in office, to wit; ROBERT G. PYNE President WALLACE H. HUGEL . . . . . . . . . . . . Amt. Treasurer GEORGE C. DOUGLAS Senior Yrce-President CLAYTON A, BURNETT, WILLIAM H. FOSTER, HARRY K. WIEMANN CHARLES N. TREMBLAY SKretarpTreasurer Asst. Vice Pretidents ROBERT A, BEAUREGARD, FREDERICK H. BIRD, FRANKLIN E. HOSKIN, JR„ ARTHUR E. BJORKLUhi D, RAYMOND M. CHAPPELL, KENNETH A. FRYE, WILLIAM M. LALOR, LLOWTLL A. WELNAK, HERBERT A. MONK EUGENE E. GAF)EY, LESLIE N. GOODNOW, ROBERT D. JOHNSON, JOHN Vice Pretrderns W. KEEFE, JR., PAUL LOVES, JR . Amfstant SKretariet further CERTIFY that the follov: ng F.nan6al Srnremem of the Company is true, as taken From the books and records of aid Company as of DKember 31, 1972, to wit: ASSETS LIABILITIES Bonds of Anil Values 527,627,504 Reserve for Losses $18,788,456 Reserve for Lou Adjustment E. penses 2,853,724 Stocks at Market Values . 19,383,023 Reserve for Contiragent Communion 692,100 . . Reserve for Other Underwriting Expenses 276,500 Real Estate 871,546 Reserve for Taxes, Lkenses and Fees 540,910 Reserve for Federal Income Taxes 208,300 Cash 2,130,496 Reserve for Unearned Premiums 14,670,344 Agents Balances . . . . . . . . . . . . . . . . . . . 4 C71,6F4 Funds Held for Others 529,891 Statutory Reserves 970,700 Bins RKeivabfe -0- Reserve for Other Liabilities 75,368 Reserve for Outstanding Loss Drafts 936,287 Reinsurance Recoverable 125,483 Amounts Withheld for Accounts of others 3,468 Ceded Reinsurance 8414nces Payable 106,627 lnterlompany Balances ---0 - InterLom a" Balance 11,970 TOTAL LIABILITIES 546,664,645 Accrued Interest . 484,976 Capital $3.265:255 Letters of Credit . . . . . . . . . . . . . 521,399 Surplus 12,186,201 . Surplus to Poliryfwidm 15,451,436 TOTAL ADMITTED ASSETS , $56,116,101 TOTAL $36,116,101 SKuro,es arced at $2,618,186 on the above statement are deposited n required by law. 1 further CERTIFY the folloriny Ts a hue copy of the By-Laws of the Peerless Insurance Company, relating to the association of bonds end all other writings oblige" U 1Me isafere Astreoft ' ARTICLE 4 Of SECTION 2 '?he President shall be the chief executive officer of the Company and shall have the powers generally pometsed by such officer and any additional powers that may be oonferred opon hies by the Board of Directors or by the Executive Committee. The President or a majority of the Executive Committee tray appoint Attor eyrie-Fad, Resident Vice Prtsidents and Raident Assistant Se&etaries and assign to them such duties as may be advantageous to the Company including the execution and eNestation of bonds, tardMakins, recogniiances, contracts of indemnity, and A other writings obligatory in the nature thereof and other documents on behalf of the Company with power to redelegate such autlsorlty. In case of the death, absence or inability to ad of the President, the duties and powers of the President shall devolve upon an ad' Presidewt who shall be a Director and shall be designated by the Executive Committn and ad until the next Director' meeting. ! And, I further CERTIFY that at the meeting of the Board of Directors, duly called and held at Keene, New Hampshire, May 2, 1966, the following vote was unanimously edopliall RESOLVED, trial, the irgnature of such Offices and the Seal of the Corporation may be affixed to any such Power of Artorrsey or any certified copy thereof car any cerfilkatlon relating thereto, by facsimile and any such Power of Attorney or any certified copy thereof, or any certlf;cI ion relating thereto bearing such fauimile signatures or loWs ile seal shall be vard and binding upon the Corporation in the future wish respect to any bonds, undertakings, recogni:arrom or contracts of indemnity to which it b aMached. t~q~,~ eN SV l i1f"•4 IN TESTLMONY WHEREOF, t herati subscribe my name and aliu the seal of aid Company, this ~J N ~f e, 13th day of September 19 74 W 1901 the.) Ni ~ttauuxmrnaarrrr Vice President •'•,•r•~~ rN fa1~s~,• ,~~pRl f J,6, Subscribed and Sworn to kefore me this 13th day of September 1974 OTAR ~O }Ce v e -,Z pV B LAG `Qqr,. cs-d.~ o,n,i r'r4JIAMP 0,% Notary Public My Comm'ts3I Expires Sept, 17, 1976 363 fS/73) r g A b a i P R I N C I P A L ' S A C K N O W L E D G M E N T INDIVIDUAL VERIFICATION State of.......~` ..t County of... as- On this ...................1.5 ••.~r~,.day of..... in the year 1~. On before me personally come(s)... ,eC..4`.Zf,-.~'..... to me known and known to me to be the person(s) who is (are) described in and who executed the foregoing instrument and acknowledges to me tha ykeecuted sa . .i............. . (Sgnature and title of official• ng acknowledgmen•)• 1 k PAR'T'NERSHIP VERIFICATION kAt6A A. MATALON WARY MLIC,S-.t. of NewYaA Na SI-7,y;2L0 State of QV43" r,..kI C~.M County of ss.. ;a"I, Y" O On this ........................day of......................, in the year 19......, before me personally comes a member of the copartnership of to me know and known to me to be the person who is described in and who executed the fore- going instrument, and -cknowledgea to me that he executed the same as and for the act and deed of the said co-partnership. (Signatureand title of official taking acknowledgment) CORPORATE VERIFICATION State of.... County of•......... as.: On this .da in the year lop ..-C1i before me personally comes to kno , o ein 'by me d sworn, dWs~es and says that he resides th ty ......that he is the...4c ; ...h ...........of the. the corporation described in a .whic executed the foregoing instrument; that he knows the seal of the said corporation; t t the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order of the Boa of~DiyJrectors ff said corporation, and that he signed his name thereto by like 0 (Signature and title of official taking acknowledgment) SURETY COMPANY ACKNOWLEDGMENT W F W A. 1a TALnl: State of New York NoTAP.Y cua_Ic E ~t N w Iv.s Ilo. ,Jl.Oo County of.... XQW . X.x.$ J. I c.> P came ~rgdri•W g : ; 2oOper; IT • of Se . teto me known to be the in•, r fore me the individual des- cribed in and who executed the foregoing instrument and to be the Attorney-in-Fact of PEER- LESS INSURANCE COMPANY, which is to me known to be the corporation described in the foregoing instrument, and which, by its said Attorney-in-Fact executed the same, and said Attorney-in- Fact duly acknowledged to me that he knows the Seal of said Corporation; that the Seal af- fixed to said instrument is such Corporate Seal; that it was so affixed by order of the Board of Directors of said Corporation; and that he executed the said instrument as the act and deed of said PEERLESS INSURANCE COMPANY therein described and for the uses and purposes therein mentioned, by virtue pf ca 1 we attorney executed by said PEERLESS INSMWCE COMPANY dated.. 19.t i,ca y,.0 u y. 9 ........,which said power has never been revoked and is still in full force and effect; and that the said corporation has received from the Superintendent of Insurance of the State of New York a certificate of solvency and of its sufficiency as surety or guarantor under Section 327, Chapter 882 of the Laws of 1939) being Chapter 28 of the Consolidated Laws of the State of New York for the year 1939, and that such certificate has not been revoked. Notary Nil LAI Yip EMO ' 0019,11891CNER OF DEEDS OtY OF KI'.Y YORK 2.2M Ps-446 4infM4444 lxwe* Jane t. 1176 PEERLES$ caooxm~~ ao~~~ M0" GLIc1 on Kra ME, Nita NAM►{Nlll[ fr I1 r, py New En?[sn0 C~psny~ TJ 73-98-44 LICENSE OR PEWIT BOND KNOW ALL HEN BY THESE PRESENTS, That we, Midland Park Auction Gallery , of 143 West 29th Street New York, New York 10001 , as Principal, and PEERLESS INSURANCE COMPANY, A New Hampshire Corporation, and having its principal office in the City of Keene, New Hampshire, as Surety, are held and firmly bound unto the City of Denton, Texas hereinafter called the Obligee, in the penal sum of One Thousand , DOLLARS ($1000900 ) lawful money of the United States of America to be paid to said Obligee, for which payment well and truly to be made, we bind ourselves, our heirs, executors, admin- istrators, successors and assigns, jointly and severally, firmly by these presents. Signed with our hands and sealed with our seals this, the 1)th day of September A. D. 19 4 WHEREAS, a LICENSE or PERMIT has been granted by the Obligee to the above bounden Principal authorizing him to conduct auctions within the City of Denton, Texas Now, therefore, the Condition of this Obligation is such, that if the said Principal shall faithfully observe the provisions of the Laws, Ordinances, and Resolutions, governing the issuance of this License or Permit, then this Obligation shall be null and void, otherwise to remain in full force and effect. Liability under this bond shall terminate as of the _12t4 day of September, 19_L5_' as to any acts subsequent thereto, unless said bond is continued in force from year to year by the issuance of a continuation certificate signed by the Surety. The Surety may cancel this bond at any time by filing with the Obligee thirty (30) days written notice of its desire to be relieved of liability. The Surety shall not be discharged from any liability already accru under this bond, or which shall accrue hereunder before the expiration of the thi ty day p iod. 7 Principal PEERLESS IN U NCE C ANY j`Q~t~_, B IM?rLal x1p Fredr k B. T_i)pp I ooney-in-fact PSB-226 Lone Star Gas Company 701 S. F%fwood Stf"1 • Dal m, Tnat 7m, September 11, 1974 Re: Texas Railroad Commission Docket No. 571 City Gate Rate Case The Honorable Bill Neu Mayor of Denton Denton, Texas Dear Mr. Mayor: This is to notify you that Lone Star Gas Company has filed with the Texas Railroad Commission an application for an increase in the Company's intracompany city gate charge and/or operating expense for the gas delivered for distribution for domestic and commercial users as more fully set forth in the enclosed appli- cation. The matter has been docketed as No. 571, with a hearing scheduled for October 7, 1974, at 9100 A.M., in the Commission's hearing room No. 509, Ernest 0. Thompson Building, 10th and Colo- rado Streets, Austin, Texas. We will forward to you a copy of the testimony of our wit- nesses at an early date. Our records of accounting will be open for your inspection during normal business hours September 25-27, 1974 at Room 205 South, 301 South Harwood, Dallas, Texaco. If we may be of assistance to you in preparing for this matter, please contact Mr. D. R. Duplisesy, 214-741-3711, extension 2250. Very ntruly yours, D. R. Duplis ey DRD:caf Enclosure RAILROAD COMISSION OF TEXAS GAS UTILITIES DIVISION APPUCATIGN TO TIM RAILROAD CCMISSION OF TEXAS FOR AN INCREASE IN LONE STAR GAS COMPANY'S GAS UTILITIES INTRACOMPANU CITY GATE CHARGE AND/OR OPERATING ELVENSE FOR GAP DE?SVERED FOR DISTRIBUTION FOR DOCKS: VO. 571 DC14STIC AND CCK47MIAL USES. NOTICE OF HEARING : YIERF.AS, on September 3, 1974, Lore Star Ge Ccmpwy f=led with the fAil- road Ccm:iissioa of Texas &a application requesting an increase In Iw ne Star Gas Cm. pary's intraccmpe.ry city Late charge and/or atr_.-eting es, end WM FAS, under and by virtue of Articles 6053 and 605', devised Civ: 1 dtatuyes of Texan 1925, as amended, ..ch -%te.s azd charges are at'njcco to reviv, era regulation by the RtilrcV. C-xr_Sssicn on hesr ng af:e1 =,tice to the S :s pipeline ^-mpar~r' affected, and the 0=lssdon desirts to exercise its a,.th:,rity to detexmice &rA establish the said charges fcr domesiie We rate sex-,ice; aad WHERE4S, it is the opinion of the Ca=issicn that Notice of Rearing in this ratter in addition to issuance to Lone Star Gas Company az required by Article 6054 and A.C.S. of Texas, 1425, as emended, stould be dixected by low Star Gas Compaq/ to other interested ,arties who may be affected by any change or charges for dmestic gate rate service, they being the cities and towns and cecscunities in which gas is distributed by Lone Star Gas Ccmpexy; sad that Lone Star Gas Company will cause this Notice of hearing to be properly publicised in all cities and towns in vhich gas is distri.»:ed by Lone Star Gas Campagy. rr IS, T-1,1R )RE, OR= PY Th'E RAMROAD 020(ISSICV C? TEXAS, that a hear- ing be held at 9:00 o'clock A.k. In the C=ission's hearing ram 509 at the Ernest 0. Thompson Building at 10th and Colorado Streets in Austin, Texaa, the 7tb day of October, 1974, for tae purposes of receiving evidence and testimny regardir$ the cbarge of not less than 63.874 H2 by Lone Star Gas Company for delivery of natural gas to city gate for sale to domestic consumers. Lore Star Gas Compaq/ shall furnish adequate data at such hear- ing coacerninj all natters appropriate to be considered in determining the reasonatlenees of the said gate rate charges for dmestic and co mercial service. IT IS FURTE R OADEM that in the event the Commission or any of its members are not present to preside at sucb bearing, then and in that event the Director or the Hearing Examinar of the Gas Utilities Division is bereby authorized and euporared to preside over said bearing and to do any and all acts provided for in Article 6519&, Revised Texas Statutea, 19252 as emended. IT I5 1UI'JM OHDZM that a cM of this Notice of Hearing be mailel to Lome star Gas Company, and that Lone Star Gas Company vill cants this Notice of Hearing to be properly publicized in all cities and twos in vbieb gas is distributed by low Scar Gas Caspany, by serving through the United States sail, a Cory of tbit Notice of Naariag to each of its gate rate customers. A Notice of &aring shall constitute ail requirements by Article 6034, Re- vised Civil Sta=tutes of Tessa, 1925, as emended. DMM AT AUSTT.d, TlYA.9, this 5th day of September, 1974. Z;'..., fit BAIIAOAD OwasaIQ! Ca T> . p 7!*. , • BEFORE THE RAILROAD COMMISSION OF TEMS IN RE: APPLICATION OF LONE STAR GAS COMPANY FOR AN INCREASE IN LONE STAR GAS COMPANY'S AUTHORIZED Gas Utilities IN''TRACOMPANY CITY GATE CHARGE AND Docket No. 5 7/ INCREASE THE GAS COST ADJUSTMENT TO THE HONORABLE. RAILROAD COI•51ISSION OF THE STATE OF TEXAS: • Lone Star Gas Company files this application for an increase in Lone Star Gas Company's intracompany city gate charge and/or operating expense for the gas delivered for distribution for domestic and commercial uses, including unaccounted for gas, as heretofore authorized to be charged under the Railroad Commission of Texas' order entered August 26, 1974, in Gas Utilities Docket No. 507 {with adjustments in accordance with Gas Utilities Docket No. 453}, .ursuant to the provisions of Articles 6053 and 6054, 1926 Rev. Civ. Stat., as amended, and in support of this application, App ican' shows the Commission as follows: I. Lone Star Gas Company, hereinafter called Lone Star, is an integrated gas utility company. It serves 529 cities, towns, and villages in Texas by and through a network of trans- mission and distribution pipelines. Lone Star's Transmission Division purchases, gathers, and delivers natural gas through its pipeline system to the city gates of the cities served by its distribution divisions for which there is an intracompany charge made as authorized by this Commission on August 26, 1974, in Gas Utilities Docket No. 507 in the amount of 47.26 per Mcf R[CEIY10 n. R. c. OE nuW SEP 3- 1974 "S Urt1Tas AUb M IfIfAS (adjusted to 55.31c per Mcf in accordance with Gas Utilities Docket ;do. 453), said amount being known as the city gate charge and/or operating expense for the distribution of natural gas to do:nesti2 and commercial customers and for unaccounted for gas. That the Railroad Commission of Texas, pursuant to the afore- mentioned Articles 6053 and 6054, 1925 Rev. Civ. Stat., as amended, has jurisdiction to hear this application and enter its order increasing the said intracompany city gate charge. In the order of the Railroad Commission of August 26, 1974, in CUD 507, the Commission granted to bone Star Gas Company an increase in its authorized intracompany city gate charge to 47.26. As a part of this authorized city gate rate, the Com- mission recognized that the weighted average cost of gas used by the Commission to establish the city rate charge was 20.53$ per Mcf. III. .Lone Star would respectfully show the Commission that the weighted average cost of gas of 20.53e recognized by the Commission in its order of August 26, 1974, in GUD 507, was based on figures available to Lone Star Gas Company at the time of filing its application in GUD 507. The weighted average cost of gas since the filing of Lone Star's application in May of 1973 has risen dramatically. The 20.53e weighted average cost of gas is now woefully out of date. The most current monthly weighted average cost of gas experienced by Lone Star for the month of July, 1974, was 37.144, pvr Mcf, an increase of almost l7e -2- over the 20.53d" figure used by the Commission in its order of August 26, 1974. IV. Lone Star Gas Company has been able to recoup a portion of this increased gas cost through the automatic increase pro- vision allowed Lone Star in Gas Utilities Docket No. 453, per- mitting the pass-on on a six-month basis of 65% of the increase or decrease in the weighted average cost of the purchase of gas. Lone Star Gas Company, through its most recent filing, will be able to re6o,,2p as of September 1, 1974, 27.101 of the 37.14e per htcf cost of gas. An additional 1.48¢ per Mcf of gas ,ost was allowed in Docket No. 507, effective September 1, 1974. Lone Star will still be deficient 8.56¢ per Mcf if based on the average cost of gas for July 1974. V. The Railroad Commission of Texas in GUD 507 authorized Lone Star Gas Company to collect a city gate charge of 47.261 per Mcf based on a weighted average cost of 20.531. The Com- mission allowed Lone Star to recoup 26.731 of its authorized city gate rate to cover its operating expenses exclusive of gas cost and to provide Lone Star with a fair and reasonable rate of return. Lone Star's failure to recover the 8.56je per Mcf resulting from escalating gas costs will erode the 26.731 significantly. Lone Star seeks in this application to have the Commission recognize its weighted average cost of gas at 37.141 as experienced in July, 1974, and to restore the 26.731 spread -3- granted in GUD 507 under order dated August 26, 1974. This would increase Lone Star's authorized city gate charge to 63-Vi- Vi. Lone Star would further show that due to the rapidly rising cost of gas, Lone Star will absorb over Fifteen Million Dollars in x-,recovered gas cost in 1974. This dramatic rise in the cost of natural gas and the resulting erosion of the authorized rate of return of Lone Star cannot long be sustained without impairing the continuance of adequate service to Lone Star's customers. The relief sought herein, coupled with the relief granted by the Commission in GUD 507, will not increase Lone Star's authorized rate of return beyond the 7.25% rate of return authorized in GUD 507. On the contrary, Lone Star further states that in fact due to inflationary pressures in all areas of Lore Star's operations, together with substantial facility expansion and major increase in advance payments to producers, its utility earnings have eroded from the 6.47% rate of return testified to GUD 507. VII. In view of the foregoing, Lone Star requests that the Commission consider Lone Star's application herein e.s one of an emergency nature; and that this Commission, grant interim relief as early as possible to Lone Star Gas Company in the amount prayed for herein, subject to refund, if any, on final hearing hereof. -4- WHEREFORE, PREMISES CONSIDERED, Lone Star Cra.s Company respectfully requests. that the Commission docket this application for hearing, furnish notice of hearing to all cities and towns served by Lone Star Gas Company, and that a hearing be set to consider this matter. Lone Star further requests that pursuant to the hearing herein, Lone Star be granted the increase in its weighted average cost of gas sought in this application and that the Commission consider emergency action on this application and the granting,of such emergency or interim relief. Respectfully submitted, Yr. T. Satterwhite W. D. Weisbruch C. K. Oldham Don Chrestman By .j 301 South Harwood Street Dallas, Texas 75201 Clark, Thomas, Denius, Winters & Shapiro Edward Clark Frank W. Denius Barr McClellan BY 4~~ V V ` ! l..(.c.L~Cr Barr ~eT~an 1200 CApital Nationel Bank Bldg. Post Office Box 1148 Austin, Texas 78767 Attorneys for Lone Star Cas Company .5- °r ~ ~ TH."' STATE. OF TEXAS COUNT'OF D3NTON CITY OF DE N TO -,117 TO THE 10?dORA_US MAYOR, CITY COUNCIL AND CITY MANAGER We, the undersigned, respectfully represents I, That we are citizens of the City of Denton, Texas. 2. That we are owners and residents of homes fronting Linden Drive between Ponder Street and Bryan Street. We respectfully petition your Honorable Body to change the parking on both sides of Linden Drive between Ponder Street and Bryan Street from an unrestricted to a "no parking"' zone between the hours of Sa.m. to 4p.m. (ryy~y~~,~7~, ,A~ Respectfully submitted, ~-S•,,, Name ~ Address !3 s ACS cam- - l3 l/ 4~z~~, ,~~:~~,7~i~ Name Address . ls~~ ~l ~ L• ~:.,tc~- _ i 3•~ ~ ~ "mil'` u { \ 1 j ~ erl . tiU~ / N W ~ r ~j~o 1 ~ ~ ~ ~ OATH OF OFFICE Terrell W. King III do sole=.ly swear (or affirm) that I will faithfully execute the duties of the office of Member of City Council of the City of Denton, Texas, and will to the best of my ability pr,aserve., protect and defend the Constitution and •I laws of the United States and of this State and the Charter and ordinances of this City; and I furthermore solemnly swear (or affirm) that I have not directly or indirectly paid, offered or promised to pay, contributed'or promised • to contribute any money, or valuable thing, or promised any : public office or employ".ent, as a reward to secure my appoint- ment. So Help Me Cod." Subscribed and sworn to before me the undersigned Notary Public on this the 20th day of September A.D. 1974 To cert- ify which witness my hand and seal of office. Rotary is in and for bancon County, Texas ~j cl? F r 4 n r l (:'fir! (It }%'il.f flri all?r,rrl;,r+rl il /dtlt~/, 1)i`1r>t7i1,7;,.!r1.ti l(i;?(11 Lt. Col. Cl'wrks J. 7ra_y Acting District Grn)ir~a~~r Fort rth Uis:rict, Cr'rpr of Englnrcr-, P. 0. For. 17300 Fort I,'orth, Tex,,,. 76102 Dear Co IcnnI Trocy: We have received and discusecd w111-11 yc,ur staff ihr, dc tsils of your letter of September I I, 19) 4 roIaI ivy to your prr;;,>_.ed recncnx~r,dai Ion to tine Chief of Engineers for a larger proj<•cl for Autrey Lake Ih,:n proposed in flee Com:raI Design ttim~randurn. Y!c undrrr;iand this iarger- pr-ojecl will h:~vo the -fop of the conservation pool at 532.5 feet msl and a conservation storage capacity of 799,600 acre-feet in Iieu of an elevaiion of 627.0 feet r.;I and a sioroge capacity of 650,300 acre-feet in iho prior project. This larger project provides for full s I I e development for wafer supply ai Aubrey and transfer of the in 3ximum aneun1- of flood control storage from I-cwisviIle to Aubrey without requiring major alterations at Lewisville to increase the water supply yield from Low sviile. The larger project will yield a net increase in water supply from the two lakes of 126 cfs (81.44 rn(ld) In lieu of the 104 cfs (67.22 mgd) net increase in the prior project. The City of Dentcm wishes to assure the U. S. Army Corps of Engineers that it is financially able and willing to coop:iraie in order to permit you 'to proor-ed with ,the design and construction of Aubrey Lake. We undorstand that our responsibilities are as follows: (1) Obt aln without cost to th,~ United Status all water rights needed for storage and ut,e rF water for project purposes, (2) Pr;_oive any confIlcis in water rights necessary for effective operation of the projecf, (3) Use ih^ water in a manner consistent ,s,Hh F'ederzd and State laws, (4) Hold and save the United Slates free from damage, due to the storage and withdrawal of wafer by the users, (5) Pay the United States, in accordance with the provisions of the Vaier Supply Act of 1(158, as arrr.nded, for the first costs and th„ annual oper-alion, maintenance, and -epiacement costs allocated to wafer supply storage, (6) Adminisier pru,'ect !:end and i.lter areas for recreation and fish and ` ~I l'~.~1^r 72' l~ i•~~3 I"'. fi'Il;f ili tr. Cif pit '.o:-r-,, 'I" ri'fl'r re 'i'i,.i i. ~.1 1h r.fl . l _lSI . ..,1^idan, . _pool i`: igirl.: nul final n wlil a11if'1, t h Pd on ,I v, I r._ I I_,f It11-' Ir1~jC"-I. iurth~•r und~rt,iJ fhAt _._n1rac1. i'ii I bu P'n1>li,'Ad t:".;I'a II lho Iwo ^I_C'rlny CIi Ws oa.1 the finf loll SlatcE p!-i.l, In Aw inf l in; K5 of con,,f' uql ion an ihut AQ „ contracIs will be Wind on K,)rP d'_-ki lad d ,?A Ihnn N now r.:e'•V i0io in th, Gan_'nli wasign Marrarandum. In UN, ro:roW i 001 i I ino rant & W ineatcd in 5u h do-101 to a! low the egoiIubje distr!huI ion or fir"st cosi; and annual rhargs bil""an IS, two sponsoring Wks. Also, wo understand that th wAgniluda of recreational do- veloprent wi I I be mutually agrocd upon by the Corps of Engine: rs and tho two sponsoring citicy. Sincerely yours, CITY OF DEtd3014 dames W1 White City Manager JWW : dm E+. IC) 1 y CF r 1 NO. ~ '3p AN ORDINANCE ADOPTING THE BUDGET FOR THE CITY OF DENTON, TEXAS, FOR THE FISCAL YEAR BEGINNING ON OCTOBER 11 1974, AND ENDING ON SEPTEMBER 30, 1975; REVISING THE BUDGET FOR THE PRECEDING FISCAL YEAR ENDING ON SEPTEMBER J0, 1975; LEVYING TAXES FOR THE YEAR 1975 TO BE ASSESSED ON ALL TAXABLE PROPERTY WITHIN THE LIMITS OF THE CITY OF DENTON, TEXAS; AND DECLARING AN EFFECTIVE DATE. WHEREAS, notice of a public hearing on the budget for the City of Denton, Texas, for the fiscal year 1974-1975 was hereto- fore published at least 15 days in advance of said hearing; and WHEREAS, a public hearing on the said budget was duly held on the 18th day of September, 1974, and all interested persons were given an opportunity to be heard for or against any item thereof; now therefore THE COUNCIL OF THE CITY OF DENTCN, TEXAS, HEREBY ORDAINS: SECTION I. That the budget for the City of Denton, Texas, for the fiscal year beginning October 1, 1974, and ending on September 30, 1975, in words and figures as shown therein is finally approved and adopted. SECTION II. That the budget for the City of Denton, Texas, for the fiscal year beginning on October 1, 1973, and ending on September 30, 1974, as shown therein in words and figures, is hereby revised and amended to show the words and figures indicated as "REVISED 1973-74" in the budget for the fiscal year beginning on October 1, 2974 and ending on September 30, 1975. SECTION III. That there shall be, and there is hereby levied, the following taxes on each one hundred dollar ($100.00) valuation on all taxable property within the City of Denton, Texas, to be assessed and col- lected by the Tax Assessor and Collector for the year 1974 and said taxes are to be assessed and collected for the purposes stipulated as follows, to-wit: (a) For the General Fund Allocation on the $100.00 valuation .8839 (b) For the Interest and Redemption Funds on out- standing bonded indebtedness on the $100.00 valuation .8161 Total Allocation of Levy $1.7000 The above allocation of the levy is made to insure that deposits in the Interest and Redemption Funds of taxes collected during the year ending September 30, 1975, will total $855,986.00 but is not intended to exceed that amount. ~l SECTION IV. That the City Manager shall cause copies of the budget to be filed with the City Secretary, the County Clerk of Denton County and the State Comptroller of Public Accounts. SECTION V. That this ordinance shall be effective immediately upon its passage. X~ PASSED and APPROVED this the day of September, A. D. 1974. BILL NEU, MAYOR CITY OF DENTON, TEXAS ATTEST;' U'AdOM HOLT, CITY SECRETARY CITY OF DEN TON, TEXAS f APPROVED AS TO LEGAL FORM: H MA"j CITY ATTORNEY CITY OF DEN N, TEXAS OY i.~ w b • , , - Y , r v , AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON$ TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 17TH DAY OF SEPTEMBER, 1974. RESOLUTION AUTHORIZING APPLICATION FOR FEDERAL GRANT FOR SEWERAGE SYSTEM IMPROVEMENTS WHEREAS, the City of Denton, Texas deems it necessary and proper to apply for a federal grant under the Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500, and the rules and regulations pursuant thereto. NOW, THEREFORE, BE IT RESOLVED by the City of Denton that Edwir. Earl Jones, Water and Sewer Superintendent, or his suc- cessor, is hereby authorized and directed to make application for a grant under Public Law 92-500 and the rules and regula- tions pursuant thereto, and to sign the acceptance of thn grant, when made, and any other necessary documents required to com- plete the project on behalf of the City of Denton. PASSED, APPROVED and ADOPTED this 17th day of September, A. D. 1974. BILL NEU, MAYOR CITY OF DENTON, TEXAS ATTEST TY OF DENTON, TEXAS APPROVED 0 LEGAL FORM; 1 0'.001 ...-.4 Wir RALPH MANN GIYY ATTORNEY CITY OF DENTON, TEXAS -w Au g ~a f . Y i AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 17TH DAY OF SEPTEMBER, 1974. RESOLUTION OF AGREEMENT TO CONSTRUCT SEWERAGE SYSTEM IMPROVEMENTS WHEREAS, the City of Denton, Texas, has made application to the Texas Water Quality Board and the Environmental Protection Agency for a federal grant pursuant to the Federal Water Pollu- tion Control Act Amendments of 1972, Public Law 92-500, and the rules and regulations thereto. NOW, THEREFORE, BE IT RESOLVED by the City of Denton that the application for which federal grant assistance has been requested pursuant to the Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500, will be constructed to completion in accordance with the laws, rules, and regulations and with the following project schedule. PROJECT SCHEDULE ITEM DATE OF ACTION General Availability of Financing Funds for applicants share of the project costs Step 1 September 1, 1974 Step 2 September 1, 1975 Step 3 September 1, 1976 Availability of Sites for the Before Advertising project facilities for construction bids. Step 1 Infiltration/Inflow Analysis (1) Initiated December 1, 1974 Completed March 24, 1975 x;..16 Y ' J LV. . Submitted to State (TWQB) April 1, 1975 Preliminary Infiltration/Inflow Evaluation Survey Study Plan (if needed) Initiated May 15, 1975 (2) Completed May 30, 1975 Report Completed June 6, 1975 Submitted to State (TWQB) June 13, 1975 PROJECT SCHEDULE ITEM DATE OF ACTION Infiltration/Inflow Evaluation Survey (if needed) ) Initiated June 27, 1975(3) Completed February 24 1976 Report Completed March 24, 1§76 Submitted to State (TWQB) April 1, 1976 Schedule, if I/I Schedule, if I/I Evaluation Survey Evaluation Survey is not Required is Required Environmental Assessment Initiated July 2, 1975 July 2, 1976 Completed August 8, 1975 August 8, 1976 Public Hearing Advertised August 15, 1975 August 15, 1976 Public Hearing Conducted September 16, 1975 September 16, 1976 Environmental Assessment Finalized September 23, 1975 September 23, 1976 Submitted to State (TWQB) September 30, 1975 September 30, 1976 Vie Regional Planning Agency Comments and Approvals Completed October 15, 1975 October 15, 1976 Submitted to State (TWQB) October 15, 1975 October 15, 1976 Facility Plan (Including Final Engsneering Report/ Feasibility Report) Initiated' April 1, 1975 April 1, 1976 Completed August 8, 1975 August 8, 1976 Report Completed August 15, 1975 August 15, 1976 Public Hearing (30 Day Minimum period of Advertisement) September 16, 1975 September 16, 1976 Submitted to State (nQB) October 15, 1975 October 15, 1976 Step 2 Final Plans and Specifications Initiated December 1, 1975(4) December 1, 1976 Completed September 1, 1976 September 1, 1977 Submitted to State (TWQB) September 15, 1976 September 15, 1977 (1) Based on Crant offer by December 1, 1974. (2) Based on TWQB and EPA review and comments within 45 days after submittal of infiltration/inflow analysis. (3) Based on authorization to proceed within 14 days after submitting survey study plan. (4) Based on authorization to proceed within 45 days after submitting Regional Planning Agency approvals. . PROJECT SCHEDULE ITEM DATE OF ACTION Step 3 Advertise for Construction Bids within the days indicated after authorization to advertise for bids has been issued. 45 days Submit Bid Opeiing Documents within the days indicated after the bid open?ag date. 30 days Award Construction Contract within the days indicated after authorization to award the con- tract has been issued. 15 days Initiation of Construction within the days indicated after the award of the contract. 30 days Complete Construction within the days indicated after initiation of construction. 540 days BE IT FURTHER RESOLVED, that the City of Denton understands that the above project schedule must be approved by the Texas Water Quality Board and the Environmental Protection Agency, and that once a project schedule has been approved, no changes will be authorized without first receiving approval of the change from the Texas Water Quality Board and the Environmental Protection Agency. PASSED, APPROVED and ADOPTED this 17th day of September, A.D. 1974. r• BILL N , MAYUK CITY OF DENTON, TEXAS ATTEST: ERPOK'S HOLT$ CITY SECRETARY CITY OF DENTON, TEXAS APPROVED FORM: W. RALPH K&NN, CITY ATTORNEY CITY OF DENIN.W, TEXAS ~0 t "~r 1 7 ' - f r ~ _ i ~ ~ `{V , ) ~ i ~ i r ` i ~ ~ ~ i'. r +l ~i r f ; • C DEBT K-141 DEED RECORDS LVO( ! iME 622 THE STATE OF TEXAS, ~ KNOW ALL MEN BY THESE PRESENTS: 4 COUNTY OF DENTON ' iF518 THAT KENNETH L, STOUT AND WIFE, GLADYS FAYE STOUT of Denton County, Texas , in consideration of the sum of h One Dollar ($1.00) and other good and valuable consideration in hand paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by i these presents grant, bargain, sell and convey unto to the City of Denton, Texas, the free i and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, it owned by them Situated in Denton County, Texas, in the M. Forrest Survey, Abstract No. 417 All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the j M. Forrest Survey, Abstract No. 417, and being part of a tract of land as conveyed from Emory Carter and wife, Willie Fern Carter to Kenneth L. Stout and wife, Gladys Faye Stout by deed dated April 12, 1973 and re- corded in Volume 694, Page 1 of the Deed Records of Denton County, Texas and more particularly described as follows: BEGINNING at the northwest corner of said Stout tract said point of be- ginning lying in the middle of Mayhill Road and also lying in the west boundary line of said M. Forrest Survey; THENCE south 86° 47' east along the north boundary line of said Stout tract, a distance of 300.0 feet to a point for a corner, same being the northeast corner of said Stout tract; i THENCE south 20 35' 40" west, along the east boundary line of said Stout tract, a distance of 16.0 feet to a point for a corner; THENCE north 860 47' west, 16.0 feet south of and parallel with the north boundary line of said Stout Tract, a distance of 300.0 feet' to a point for a corner in the west boundary line of said Stout tract same being the west boundary line of said M. Forrest Survey and lying in the middle of Mayhill Road; THENCE north 2° 35' 40" east, along the west boundary line,of*,said Stout tract, same being the west boundary of said M. Forrest Surv4.,'a,distq.ice df ~16An.d0 feet to the place of beginning and containing 4, 8gO`square feet of ,~Td R,ia ~°urt~ier a lames&at the said City of Denton, Texas " in consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstructions as may now be found upon said property. For the purpose of constructing, installing, repairing and perpetually maintaining A~x utilities, in, along, upon and across said premises, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen and representatives having ingress, egreis, and regress in, along ups-1 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 purposed aforesaid the premises above described. Witness their hand , this the I day of September , A. D. 19 74 . GLADYS FAYE STOUT SINGLE ACKNOWLEDGMENT L VOL 721 ua 623 THE STATE OF TEXAS, I BEFORE ME, the undersigned authority, COUNTY OF _ f in and for said County, Texas, on this day personally appeared - _ - - - - knoiNn to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purprscs and consideration therein expressed. GIVEN UNDER 31Y HAND AND SEAL OF OFFICE, This day of A.P. 19 Notary Public, County, Texas My Commission Expires June 1, 19 JOINT ACKNOWLEDG31ENT THE STATE OF TEXAS, COUNTY OF.. DENTON BEFORE BTE, the undersigned authority, in and for said County, Texas, on this day personally appeared........ KENNETH L,..STO,UT__-- and FAYE_..STOUT_. his wife, both known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they etch executed the same for the purposes and consideration therein expressed, and the said GLADYS FAYE- STOUT, wife of the said ___KENNETH. Ia.._STO-U'.I'._ he og~,been examinedt~yy,, me privily and apart from her husband, and having the same fully explained to her, ebe, ~I~e sgid GLADYJ PAYE ST UII acknowledged such instrument'to~tinot'h'et•un8 deed and she declared that she had willingly signed the same for Vie purposes and consideration theIreNje,'fA`j ednd tfrq slre did not wish to retract it. : GIVEN UNDER MY HAND AND SEAL OF OFFICE, This -_o~~_.day of~ Se 19i. 4 Not ary Public, IL 5 ¢ncy,.li~lxal: • O My Commission Expires June 1, 1 Q ~''••1 U L WIFE'S SEPARATE ACKNOWLEDGMENT rem ,,,.M•`'. THE STATE OF TEXAS, BEFORE ME, the urdersigned authority, COUNTY OF _ . . in and for said County, Texas, on this day personally appeared................ , wife of known to me to be the person Whose name is subscribcc', to the foregoing instrument, and having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE,This...................... duy of , A.D. 19_......... (L S.) _ . Notary Public. ...............County, Texas My Commission Expirea June 1, 19............ CLERK'S CERTIFICATE THE STATE OF TEXAS, } _ County COUNTY OF_ _ . Cerk of the County Court of said County, do hereby certify that the foregoing instrument of Ariting dated on the r eeo 1 ^ sLyySof........h A. P. 19.-..... , with its Certificate of Authentication, was filed for e ° ' ~lel D c ~nu-4'Y-M.M... A. D. 19 , at o'clock M., and duly d . - fen Cor Teru .A. D. 19 , at . o'clock M., in the tetddie~tstMify tn.{ tn~:,a41C~~rt rrg rr;: ii•cd an IRe - _ date end time etc_t!~A.nds.du~.n• ..................Records of said County, in Volume.................. , on pages "'td'diE Tri'the rol6- e a d i t}~Lfa A t4f .~ItI Yd1( y'm~0NE COUNTY COURT of said County, at office in.._._.__ r4.....--------------- the day and year last above written. a^~'Poo County Clerk .County, Texas. r 6k, CON I =9 pen4n i tvu*! Two S C~ i ' pg; E C~ u S A Cg A A W Z E-. 0; ; ~ o: ci rr H : O to e QO leeieel Vl ? C-1 G, a L` 0 p, yr Uy a B.d A >a r°+ o o N 0 m 3 V` m G O O mX t W '1 V 7G E~ W z(,~ I, ~ a 1 f JEP 3 Ail DG I i U ! ~ ~ i i i wy a I . ~~AJJO !LL C~.0~ o8~! I 5 NO. 7~. ? 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. 69-11 AND AS SAID MAP APPLIES TO LOT NO. 11, BLOCK NO. 4028-11 AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. I That the Zon:.ng 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 No. 69-1, be, and the same is hereby amended as follows: All the hereinafter described property is hereby removed from the "A" Agricultural District as shown on said Zon- ing Map, and all provisions of Ordinance No. 69-1, adopted the 14th day of January, 1969, as amended, shall hereafter apply to said property as "GR" General Retail District in the same manner as other property located in the "GR" General Retail District; All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being Lot No. 11, Block No. 4028-1 and being further described as approximately two and one-half (2 1/2) acres of land located on the southeast corner of Highway 380 and Masch Branch Road. 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 consecAng the value of the buildings, protecting human lives, and encouraging the most appro- priate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. SECTION III. That this ordinance shall be in full force and effect immedi- ately after its passage and approval, the required public hearings having heretofore been held by the Planning and Zoning O-)mmission and the City Council of the City of Denton, Texas, after giving due notice thereof. PASSED AND APPROVED this the 17th day of September, A.D. 1974. ck . B=L NE 31 MAYOR ATTEST--.---' CITY OF DENTON, TEXAS PR QO S HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED TO LEGAL FORM: I s t4j ZJ24 .4-4 RALPH , CITY ATTORNEY CITY OF DENTON, TEXAS r' V 1 pI ,1 i 1. I THE STATE OF TEXAS COUNTY OF DENTON X This Agreement, made as of the idi day of A.D. 1974, by and between the City of Denton, Texas, acting through its Mayor Bill Neu, duly authorized to so act on the 17th day of September, A. D. 1974, hereinafter called "City", and Aauptmoann, Schoell Madson, Incorporated, hereinafter called the "Engineer". WITNESSETH: Whereas, the City is in need of engineering services in connection with the preparation of the plans and specifications, and the construc- tion, supervision, of a visual Approach Slope Indicator-II; and Whereas, the firm of Hauptmann, Schoell & Madson is acceptable to the City and is willing to enter into a contract with the City to per- form the required engineering services; and whereas the Denton City Council on September 17, 1974 voted to retain for necessary engineering the firm of Hauptmann, Schoell & Madson, Incorporated. Now Therefore, it is agreed as follows: I. The City hereby retains the Engineer and the Engineer hereby agrees to perform the professional services hereinafter set forth in connection with the preparation of the plans and specifications, and the construc- tion, supervision of a visual Approach Slope Indicator-II at Denton Municipal Airport. II. The services performed by the Engineer shall be divided into three phases, as follows: A. PRELIMINARY PHASE (1) Attend preliminary conference with the City and represen- tatives of FAA regarding project. (2) Prepare preliminary layouts, skatches and design criteria for City's, FAA's and TAC's review and approval. (3) Furnish City five copies of the preliminary 1Lyouts, sketches and design criteria for City's, FAA's and TAC's review and approval. B. PESIM PHASE (1) Establish the scope, and advise the owner, of any soil and foundation investigations or special testing in which, in the opinion of the Engineer, may be required for the proper execution of the project; and arr.age with the City for the conduct of such in- vestigations and test. (2) Furnish to the City, where required by the circumstance of the assignment, the engineering data necessary for applications for routine permits by local, state, and federal authorities, (3) Perform field surveys to collect information which, in the opinion of the Engineer, is required in the design of the project. (4) Prepare detailed specifications and contract drawings, in ink on mylar, for construction authorized by the City. These de- signs shall in all respects combine the application of sound engineer- ing principals with a high degree of economy, and shall be submitted to the applicable state and federal agencies for their approval. (5) The FAA approved plans and specifications and bid adver- tising packets will be submitted to the City on or before October 7, 1974, (6) Prepare detailed cost estimates and proposal of auth- orized construction, which shall include summaries of bid items and quantities which will be based, wherever practical, on the unit price system of bidding. The Engineer shall not be required to guarantee the accuracy of these estimates. (7) Furnish to the City all necessary copies (but in no case, less than fifteen copies) of approved plans and specifications for noti.es to bidders and proposals. C. CONSTRUCTION PHASE (1) Assist the City in the advertisement of the project for bids. (2) Assist the City in the opening and tabulation of bids for construction of the project, and recommend tc the City as to the proper -2- action on all proposals received. (3) Assist in the preparation of formal contract documents for the contracts. (4) An Electrical Engineer or a General Engineer meeting FAA's requirements will make daily visits to the site to observe the progress and quality of the executed work and to determine in general if the work is proceeding in accordance with the contract documents. In performing this service, the Engineer will make exhaustive or continuous on-site inspections if necessary, to check the quality or quantity of the work or material; he will not be ~.:asponsible or liable in any degree for the contractor's failure to perform the construction work in accordance with the contract documents. During visits to the construction site, and on the basis of the Engineer's on-site obser- vations as an experienced and qualified design professional, he will keep the City informed on the extent or the progress of the work, and advise the City of material and substantial defects or deficiencies in the work of contractors which are discovered by the Engineer or other- wise brought to the Engineer's attention in the course of construction and may, on behalf of the City, exercise whatever rights the City may have to disapprove work 9nd materials as failing to conform to the contract documents. (5) Consult and advise with the CiLy, issue all instructions to the contractor requested by the City, and pre?are routine change orders if required. (6) Review samples, catalog date, schedules, shop drawings, laboratory, shop and mill tests of material and equipment and other data which the contractor is required to submit, only for conformance with the design concept of, the project and compliance with the infor- mation given by the contract documents, and assemble written guarantees which are required by the contract documents. (7) Prepare or review monthly and final estimates for pay- ments to contractors, and furnish to the City any necessary certifi- cations as to payments to contractors and suppliers. (8) Conduct, in company with the City, a final inspection of tha project for conformance with the design concept of the project and -3- compliance with the contract documents, and approve in writing final payment to the contractors. (9) Revise contract drawings to show the work as actually constructed. Furnish a set of prints of these revised drawings to the City. In all three phases of work the Engineer will scrupulously adhere to the rules and regulations of the pertinent state and federal agencies. III. For the services to be performed in the Preliminary Phase and the Design Phase the Engineer shall be paid in the lump sum amount of Three Thousand ($3,000.00) Dollars upon approved completion of above mentioned phases. For the services performed under the Construction Phase by an Electrical Engineer or an FAA approved General Engineer there shall be a per diem payment of Twenty ($20.00) Dollars per man hour, with the lump sum amount paid under the Construction Phase not to exceed Twelve Hundred ($1,260.00) Dollars upon completion and approval of the work by the FAA, TAC and City. IV. It is understood and agreed that the City shall have complete control of the services to be rendered and that no work shall be done under this contract until it is properly executed. V. Any provision in this contract notwithstanding, it is specifically understood and agreed that the Engineer shall not authorize or under- take any work pursuant to this contract, which work would require the payment of any charge, expense or reimbursement in addition to the charge stipulated in Section III, above without having first had and obtained specific written authority therefor from the City. VI. This contract shall not be assignable in whole or in part without the consent of the City. VIE. All payments for services rendered by the Engineer that have not been paid within thirty (30) days after becoming due shall thereafter -4- accrue interest at the rate of six (6%) percent per annum VIII. In connection with all of the work contemplated or outlined above, it is agreed that the City or the Engineer may cancel or terminate this contract upon thirty (30) days written notice to the other, with the provision and understanding that immediately upon receipt of notice of such cancellation from either party to the other all work and labor being performed under this contract shall immediately cease, pending final cancellation at the end of such thirty (30) day period, and fur- ther provided that the Engineer shall be compensated in accordance with the terms of this agreement for all work accomplished by him prior to the notice of such termination. EXECUTED on the date first above written. HAUPTMANN, SCHOELL & MADSON, INC. CITY OF DENTON, TEXAS MAYOR ATTE,S~: CITY OF DFNfON, 'TEXAS AP PUjQ~f: MANNO(C CITY OF DFM'ON9 TEXAS -5- S C r~ . ~ ! i :i September 20, 1974 Mr. Jack Brown Chairman Denton Housing Authority Denton, Texas Dear Jack: It is with much regret that I must herewith resign my position with the Denton Public Housing Authority. I have enjoyed working with the Housing Authority and yourself in trying to secure better housing for residents of Denton. If I may be of service to you in the future, please do not hesitate to call upon me. Sincerely, Terrell WKin III k~ o}' -t7 ~ f, o C ~ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 17TH DAY OF SEPTEMBER, A. D. 1974 THE STATE OF TEXAS I COUNTY OF DENTON 1 RESOLUTION IN APPRECIATION OF CITY OF DENTON 1 GEORGE SCHNEIDER WHEREAS, George Schneidet was elected to the honored position o6 City Councitmembet initiatty in a 6peciaZ election in June, 1972, and sub- sequentty te-vteeted to a butt -teem in Aptit, 1974; and WHEREAS, the petsonat desi.te o6 Councilman Sehneidet was teeentty expressed in his most untimely and tegtettabte tesignation o6 such ttusted nesponsibitCty; and WHEREAS, the Mayot and City Council desite to publicly teeognize Mt. Schneidet Jot the valuable i.n- zights eonttibute.d by him in the a66aitz o6 out ptogtessive community toward its con- tinued development and growth; and WHEREAS, George Sehneidet is especiatly desetving o6 a special vote o6 thanks Got a job "Weft Done", now, thete6o-te, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: that the sincere and warm appteeiation o6 this Council be extended to the said George Sehneidet on behat6 o6 att o6 the citizens o6 out commu- nity who have appteeiated the time and e66ott expended un6et6ishty by him in their behat6, and that the City o4 Denton does hereby o66iciatty and sincetety wish him continued success and happiness in all 6utu4e endeavors. PASSED and'APPROVED this 11th day o6 Septembet, A. V. 1974. BILLINELF, MAYOR CITY OF DENTON, TEXAS ATTEST: 31CWKS HOLT, CITY SECRETARY CITY OF DENTON) TEXAS APPROVED LEGAL FORM: CITY OF DEN N, TEXAS blm~ t i is t i 1 . 1 ~ ant - y t J N • ~ ' y! S I j ~ ~ ~ ~ ~ L } it l ,,..n r 1 i.+i . / ♦ r'~l -tCG--U t '1'1'f'1k 1 T11114 STA f, UI+ E1, A , l KNOW ALL MEN BY T11ESr, PRESENTS: COUNT' OF Denton J I~ That I, J. I;. ljurrov of the County of Denton mnd State of Texas , for and in consideration of the sum of One Dollcid & other cnn-idcratsonn DOLLARS, to me in hand paid by 1:1'S 's. 11urr JI_ci Naha f fey, Taylor Cunnin£;hair,, & Ken Massey of the County of Denton and State of Texas , the receipt of which is hereby acknowledged, do, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER QUIT CLAIDI unto the said a ' e/ 1'.arris I.,ahaffey, Taylor Gunn incha:n, & Ken 1;as:;ey their heirs and assigns, all 1;y right title and interest in and to that certain tract or par- cel of land lying in the County of Denton and State of Texas, described as follows, to-wit: Spaces 1, 2, 3, 4, & 5 of Lot Block 3 of Division X in the I.O.O.F. Cemetery of Denton, Denton County, Texas i I i I I i • I 0 1 h TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privi- 1•:rs. ?Norris Mahaffey leges and appurtenances thereto in any manner belonging into the said Mrs. Taylor Cunningha ; & Mrs. Ken Massey Their heirs and assigns, forever, so that neither J. B. Burrow the said nor His heirs, nor any person or persons claiming under shall, at any time hereafter, have, claim or demand any right or tit? ! to the aforesaid premises or appurtenances, or any part there- of. WrMES,S hand at Denton, Toxoa this 191b. day of Septernber A. D. 19 74 Witn at Request o ran o A(` SINGLE ACKNOWLEDGMENT BEFORE; `•I I', the undcr,il;ncd authority, COUNTY liF' liClttl„1 ) in and for.rrid County,'prx.c, n thicday per<"ashy uppoared J,....13 Ll~ L1r1'O; known to me to be the pcr~or evhose nama l.t; sub<crib,'d to the fcrogo;ng instrument, and ackiinwle-dged to me that he c.xerutcd the s:wie for U,e pul1K,.;cs and consideration therein expressed. GIVEN UND :It M HAND AND SEAL OF OFFIr'F, T ii, I.9 rJ day-t~,r`~Ci~~ ylbe7l a,n. 1D74.. . 1'ubi\tcc'~-/~~!. (r'C) t Nora xas I)elltonunty, Te My Conlnii;Ninn Expires June 1, 75 SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, I COUNTY OF f BEFORE 31F, the undersigned authority, in and for said County, Te.rna, on ti-i. day personally appeared known to too to be the person whose nouns subscribed to the foregoing instnunent, and acknowledged to me that he, . executed the same for the purpn.:os and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of A.D. 19......,.. Notary Public, County, Texas My Commissfnn Expires June 1, I9_... G)HPORATION ACKNOWUDGMENT THE r-;,"ATE OF TEXAS, 1 COUNT Y OF.. 1 BEFORE bIE, the undersigned authority, in and for said County, Texas, on this day personally appeared- _ ---.known to me to be the person and ofBeer %hose nnme is subscribed to the foregoing instrument and acknowledged to me that the same w:u the act of the said - a corporation, and that he executed the Fnwc as the act of such corporation for the purposes and consideration therein expressed, and la the enpacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of----- _.A.D. Notary Public, - -____.--.County, Texas My Commission Expires June 1, 19-_.-... _ CLE;RIC'S CERTIFICATE THE STATE 01, TEXAS, . , County COUNTY OF. Clerk of the County Court of said Comity, do hereby certify that the for,•gning instrument of writing daterl on the day of _ , A. T). 19 with its Certificate of Authentication, was fii,d for record in my office or. the day of , A, D. 19 at o'clock M., Find O.-Ily recorded this,.... day of... A. D. 19 . _ , at . . o'clock Al., in the Records of said County, in Volume..,.. , on pages- WITNESS MY SAND AND SEAL OF' TIIF: COUNTY COURT of s;tid County, at Mice in........... , the day and year last nbore written. County Clerk County, Texas. (L. S.) By. Deputy. i ci n S G I W'7 01 I r ~ j ! 6 E E 4t ~rH O i ~ F O', ! W n i f atb' n j l;t; 0'1 N i O i ` i ! W iE m ro e a A i y~+, N fy C'~ i f (r~ f U i f , 7 e. Rl. j rl 0:;: ! ! Gl ! 1l ! I ow A I U f :1 rt A i i t i C w o 7 .1. h I~ I~ III ~ y , . , a W i Al I ~ y J~ R• -7 DEPARTMENT OF THE ARMY FORT WORTH DISTRICT. CORPS CF ENGINEERS tl P. O. BOX 173v0 T~ FORT WORTH. TEXAS 76102 T_ REMY TO ATTENTION Cry Sa FED-PC 11 September 1974 Mr. James W. Whlte City Manager Municipal Building Denton, Texas 76201 Dear Mr. White: Please refer to the followir;g: as Your letter to Colonel Floyd Henk of 9 October 1973 regarding i Aubrey Reser oir and providing assurances of cooperation in the project by the City r; Denton for inclusion in our General Design Memorandum submission for the project. b. Colonel Henk's letter of 10 April 1973 to Honorable Bill-Neu transmitting the draft water supply contract for Aubrey Lake for your review and consideration, c. Colonel Henkls letter of 14 May 1973 to Honorable Bill Neu transmitting the draft recreational development contract for Aubrey Lake for your review and consideration. We have been working on additional studies and data for the project which the Chief of Engineers requires before he will approve the General Design Memorandum and start of construction of the project. We are ~finailzing our data and report and expect to submit the report to the Divislon Enolteer for review about 23 September 1974.'. As a result of our studies and findings, I am going to recommend construction of a larger project at Aubrey than the one presented in the General Design Memorandum. This larger project will have the top of the conservation pool at 632.5 feet msl and a conservation storage capacity of 799,600 acre-feet in lieu of an elevation of 627.0 feet ms1 and a storage capacity of 050,300 acre-feet in the prior project. This larger project provides for full'slte development for water supply at Aubrey and transfer of the maximum amount of flood control storage from Lewisville to Aubrey without requiring major ' I ` J M SIIFED-PC 11 September 1974 Mr. James W. White alterations at Lewisville to increase the water supply yield from Lewisville. The larger project will yield a net increase in water s-jppiy from the two takes of 126 cfs (81.44 mgd) in lieu of the 104 cfs (67.22 mgd) net increase in the prior project. Based on our current estimates at July 1974 prices, the project will cost about $144,500,000, with about $89,700,000 of this cost being allocated to water supply. Based on the annual charge for water supply derived in our cost allocation study, water in the project costs about 12.0 cents per 1,000 gallons. The separable construction costs for the recreation feature of the project are estimated at $18,703,000, of which the local interestst share will be abol'+ ;^,3:1,500 (50%). Based on the annual charge for local interests' snare of the recreation feature costs derived in our cost allocation study and translated as additional cost of water supply, water would cost an additional 2.9 cents per 1,000 gallons. The total cost to local Interests in terms of water supply would be about 14.9 cents per 1,000 gallons. Our cost allocation studies have not yet been reviewed by our higher authorities. Upon acceptance of our report and approval of the General Design Memorandum and the cost allocatlon, we will revise the draft water supply and recreation contracts, included as appendix IV and appendix 11, respectively, in the General Design Memorandum. We expect the contract .format and. general language to remain essentially unchanged, but the costs and other numerical data will be revised. He expect to ma 11 revised contracts for the City's acceptance early in October 1974. The sharing of costs between Dallas (74%) and Denton (26%) will remain as before unless we receive a different divlslon from you. In response to this letter, we need now from the City of Denton, for submission with our report on 23 September 1974, a letter of assurances similar to your letter of 9 October 1973,• reference a above, that the City Is willing and able to cooperate in the Aubrey project at the increased size:and cost, arid that the City Intends to contract for the water supply and recreational development as required. Sincerely yours, I T LTC, CE! Acting istr ct Engineer 2 t i ~r ~Y t 't ap d~ DEED RcC~n,. EASEMENT THE STATE OF TEXAS X VOL 720 wF 701 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON X 16041 That DON HARRISON of Denton County, Texas, in consideration of the sum of one Dollar ($1.00) and other good and valuable con- sideration in hand paid by the City of Denton, receipt of which is hereby acknowledged, do by these presents grant, bargain, sell and convey unto the City of Denton, Texas, the free and uninter- rupted use, liberty and privilege of the passage in, along, upon and across the following described property owned by him and be•- ing situated in the County of Denton, State of Texas and more particularly described as follows: A sixteen foot wide utility easement on and across a certain tract in the S.B.B. & C.R.R. Co. Survey, Abstract No. 186 in the City of Denton, Denton County, Texas, being more particularly described as Line One, Line Two, Line Three, Line Four and Line Five as follows: LINE ONE. All that certain 16 feet wide strip, or parcel of land situated in Unit Two, Block One, Denton North Addition, as shown by plat recorded in Volume 7, Page 11 of the Plat Records of Denton County, Texas; said strip being further described herein by metes and bounds as follows on centerline; BEGINNING for the west end of this at a point which lies in the west line of said Unit Two, Block One, said point lying south 11 59' west 183.53 feet frtm the northwest corner of said Unit Two, Block One; THENCE south 880 01' east 134.0 feet to an angle point; THENCE south 710 19' east 187.1 feet to another angle point; THENCE south 880 01' east 120.0 feet to a steel in the east line of said Unit Two, Block One, said point lying south 20 19' west 237.16 feet from the northeast corner of said Unit Two, Block One, Denton North Addition. LINE TWO. All that certain 16 feet wide strip, or parcel of land s1Fuate3 in Unit Two, Block One, Denton North Addition, as shown by plat recorded in Volume 71 Page 11 of the Plat Records of Denton County, Texas; said strip being further described herein on center- line by metes and bounds; BEGINNING for the north end of this at a point in the north line of said Unit Two, Block One, said point lying south 880 01' east 84.0 feet from the northwest corner of said Unit Two, Block One; THENCE south 10 59' west 183.53 feet, parallel to and 84 feet easter- ly of the west line of said Unit Two, Block one to a point in the centerline of proposed Line One; for the southern end of this. LINE THREE. All that certain 16 feet wide strip, or parcel of land s ued in Unit Two, Block One, Denton North Addition, as shown by plat recorded in Volume 7, Page 11 of the Plat Records of Denton County, Texas; said strip being further described herein on center- line by metes and bounds; VOL 720 ~'ALE 792 BEGINNING for the south end of this, at a point in centerline of proposed easement Line one this instrument, said point lying south 1° 591 west 183.53 feet south 88° 011 east 134.0 feet and south 710 191 east 19.7 feet from the northwest corner of said Unit Two, Block One; I THENCE north 20 011 east 73.6 feet to the northern end of this; LINE FOUR. All that certain 16 feet wide strip, or parcel of land situate in Unit Two, Block One, Denton North Addition, as shown by plat recorded in Volume 7, Page 11 of the Plat Records of Denton County, Texas; said strip being further described herein by metes and bounds on centerline; BEGINNING for the south end of this, at a point in centerline of proposed Line one; said point lying south 10 59' west 183.53 feet south 88° 011 east 124.0 feet and south 711 191 east 101.0 feet from the northwest corner of said Unit Two, Block One; THENCE north 2° 081 east 99.8 feet to the north end of this. LINE FIVE. All that certain 16 feet wide strip, or parcel of land situate in Unit Two, Block One, Denton North Addition, as shown by plat recorded in Volume 7, Page 11 of the Plat Records of Denton County, Texas; said strip being further described herein by metes and bounds of centerline; BEGINNING for the south end of this, at a point in centerline of proposed Line One this instrument; said point lying south 1° 5011 west 183.53 feet south 88° 01' 134.0 feet, south 710 19' 184.6 feet from the northwest corner of said Unit Two, Block One; THENCE north 20 04' east 90.5 feet to the north end of this. 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 ob- structions as may now be found upon said property. For the purpose of constructing, installing, repairing and perpetually maintaining public utilities, in, along, upon and across said premises, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen and represen- tatives having ingress, egress, and regress in, along, upon and across said premises for the purpose of making additions to, improve- ments on and repairs to the said public utilities or any part thereof. TO HAVE AND TO HOLD unto the said City of Denton as aforesaid for the purposes aforesaid the premises above described. WITNESS his hand this the &Iv day of September, A. D. 1974. DON HARRISON' YCL 7 20 FACE 793 THE STATE OF TEXAS X COUNTY OF DENTON X BEFORE ME, the undersigned authority in and for said County, Texas, on this day personally appeared DON HARRISON known to me to be the person whose name is subscribed to the foregoing in- strument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This the i of September, A. D. 1979. f aJ N ARY PUBL C D FQ1)•. DENTON COUNTY, TEXAS 0~••. ; `i My Commission expires June 1, 1975. t7 c ~ E e' ~ 1 . u 3 } C t Cn ~ J C 7 C O is?~ 7 c fl v, w i. ~ r. I+l ~ V ~ a o ' rf! r 1 r ! '.~.~_iiJ •i;,~-i ~!E'i Q1': G~'iri ~j~9 - cap ,co } a OU rY 7 '.t r r i f ar*ic ~ f r s G Y I NO. AN OF.DINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF 152.49 ACRES LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING A PART OF THE M.E.P. & P.R.R. COMPANY SURVEY, ABSTRACT NO. 950 CLASSIFYING THE SAE AS PD PLANNED DEVELOPMENT DISTRICT PROPERTY; AND DECLARING AN EFFEC- TIVE DATE. WHEREAS, the request for annexation was introduced at a re- gular meeting of the City Council of the City of Denton, Texas, on the petition of WARREN CLARK; and WHEREAS, an opportunity was afforded, at a public hearing held for that purpose on July 16, 1974, for all interested per- sons to state their views and present evidence bearing upon the annexation provided by this ordinance; and WHEREAS, this ordinance has been published in full at least one time in the official newspaper of the City of Denton, Texas, prior to its effective date, and after the public hearing1 NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION 1. That the hereinafter described tract of land be, and the • same is hereby annexed to the City of Denton, Texas, and the same r is made hereby a part of said City and the land and the present and future inhabitants thereof shall be entitled to all the rights and privileges of other citizens of said City and shall be bound by the acts and ordinances of said City now in effect or which may hereafter be enacted and the property situated therein shall be subject to and shall bear its pro-rata part of the taxes levied by the City.' The tract of land hereby annexed is described as follows, to-wit: BEING a part of the M.E.P. t P.R.R. Company Survey, Abstract No. 950 in Denton County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at the intersection of the north line of the said M.E.P. & P.R.R. Company Survey and the southerly line of Interstate High- way 35-E; THENCE south 54° 57' east along the said southerly right of way line of Interstate Highway 35-E, 169.80 feet; THENCE south 490 57' east along said southerly right of way line of'Interstate Highway 35-E, 1090.11 feet; r THENCE south 390 21' west 345.81 feet; THENCE south 20 05' west, 2444.26 feet to a point in the north line of the Denton State School property; THENCE west along said Denton State School property, 1885.35 feet to a point in the east line of the M.E.P. & P.R.R. Company Survey; THENCE north along said easterly line of M.E.P. & P.R.R. Company Survey, 3509.0 feet to a point in the north line of the M.E.P. & P.R.R. Company Survey; THENCE east 1220.0 feet along said north line of the M.E.P. & P.R.R. Company Survey to the point of beginning and containing 152.49 acres of land, more or less. SECTION II. The above described property is hereby classified as "PD" Planned Development District and shall so appear on the official zoning map of the City of Denton, Texas, which map is hereby amended accordingly. SECTION III. This ordinance shall be effective immediately upon its pass- age. PASSED and APPROVED this,3A day of , A. D. 1974. BILL NEU, MAYOR CITY OF DENTON, TEXAS F ATTESTy 'i ~~AROOKS HOL , CITY SECRETARY' CITY OF DENTON, TEXAS APPROVED A EGAL RM: ail wt.. H MAN I TTORNEY WA RALP. CITY OF DENTON, TEXAS t: ~s i` `Xl }fit ...~'Y 1 ~ r , r, kkk . OATH OF OFFICE 4~ do solemnly swear (or affirm) that I will faithfully execute the duties of the office of- of the City of Denton, Texas, and will to the best of my ability preserve,, protect and defend the Constitution a-id laws of the United States and of this State and the Charter and ordinances of this City; and I furthermore solemnly swear (or affirm) that I have not directly or indirectly paid, offered or promised to pay, contributed'or promised • to contribute any money, or valuable thing, or promised any public office or.emplo gent, as a reward to secure my appoint- went. So Help He God." Subscribed and worn to befo a me the undersigned Notary Public on this £he _ f/ - day of A. D. 197. To cert- ify which witness my hand an seal of office. Notary Public in and for Denton County, Texas { ~ ~ ~ EASEMENT q~ DEED RECORDS UM ma Ups THE STATE OF TEXAS [ KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON 19'76 That EMORY CARTER AND WIFE, WILLIE FERN CARTER of Denton County, Texas, inconsideration of the sum of One Dollar ($1.00) and other good and valuable consideration in hand paid by the City of Denton, receipt of which is hereby acknowledged, do by these presents grant, bargain, sell and convey unto 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 them and being situated in the County of Denton, State of Texas and more particularly described as follows: 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 M. rorrest Survey, Abstract No. 417, and being part of two tracts of land described as First Tract and Second Tract as conveyed from P. G. Crouch and wife, Lois Crouch to Emory Carter and wife, Willie Fern Carter by deed dated July 6, 1972 and recorded in Volume 669, Page 643 of the Deed Records of Denton County, Texas, and more particularly described as follows: BEGINNING at a point in the north boundary line of said First Tract, said point of beginning being 300.0 feet south 860 471 east of the northwest corner of said First Tract and also being the northeast corner of a tract of land as conveyed from Emory Carter and wife, Willie Fern Carter to Kenneth L, Stout and wife, Gladys Faye Stout by deed dated April 12, 1973 and recorded in Volume 694, Page 1 of the Deed Records of Denton County, Texas; THENCE south 860 46155" east along the north boundary line of said First Tract, pass'.ng at 86.24 feet the northeast corner of said First Tract, same being ,he northwest corner of said Second Tract and con- tinuing south 860 1161 55" east along the north boundary line of said Second Tract a total distance of 464.75 feet to a point for a corner, same being the northeast corner of said Second Tract; THENCE south 3° 14' 14" west, along the east boundary line of said Second Tract, a distance of 16.0 feet to a point for a corner, same being the southeast corner of said Second Tract; THENCE north 860 46' 55" west along the south boundary line of said Second Tract, a distance of 16.0 feet to a point for a corner; THENCE north 3° 14' 14" east, 16.0 feet west of and parallel with the east boundary line of said Second Tract, a distance of 107.1 feet to a point for a corner; THENCE north 860 461 55" west, 16.0 feet south of and parallel with the north boundary line of said Second Tract, passing at 362.51 feet the west boundary line of said Second Tract, same being the east boundary line of said First Tract and continuing north 860 46+ 55" west 16.0 feet south of and parallel with the north boundary line of said First Tract a total distance of 448.75 feet to a point for a corner in the east boundary line of the aforementioned Stout tract; n 169 . 720 FAU 687 THENCE north 3° 14, 14" east, along the east boundary line of said Stout tract, a distance of 16.0 feet to the place of beginning and containing 9,149.6 square feet of land, more or less. And it is further agreed that the said City of Denton, Texas in consideration of the benefits above set out, will remove from the property above desrribed, such fences, buildings and other obstructions as may now be found upon said property. For the purpose of constructing, installing, repairing tnd per- petually maintaining public utilities, in, along, upon and across said premises, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen and representatives hav- ing ingress, egress, and regress in, along, upon and across said pre- mises for the purpose of making additions to, improvements on and re- pairs to the said public utilities or any part thereof. TO HAVE AND TO HOLD unto the said City of Denton as aforesaid for the purposes aforesaid the premises above described. WITNESS their hand this the ~ day of September, A. D. 1974. 15 OR CART WILLIE FERN CARTER ` I THE STATE OF TEXAS ¢ COUNTY OF DENTON BEFORE ME, the undersigned authority in and for said County, Texas, on this day personally appeared EMORY CARTER AND WILLIE FERN CARTER, known to me to be the person whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This the 13 day of September, A. D. 1974. NOTARY PUBLIC FOR- TON IN AND t1r.NCOUNTY, TEXAS • ~ sr My Commission expires: ilcv w~ rs ~4 4f l3d tit t1 H 1~1 13 ry f r a H m 2 z y H V coo 9LG~T CIO r 88~ML 0 ~1sr a d~ . °,,~yP, o~, s s '~Q Uo'ala POW 0 4np s°VJ P,1al'cd ae sexa~ • 4u Avea Aye nOJ *0 432 i0'~Wllb uogtoQr n Aqj off.? (+t~e 1{ , ;Y r y s„~- a ~ ~ < ' r • ' o-' ~ ~ 1 '~r3,~~_ f~i ~ Yl:f~l G•. .•ri! t,/_'. `'iV /~iI' ~ t/ -'4" 5~~ - S - r r, ~ b y n ~ n K v oil r n ~ ~n r L September 13, 1474 The Honorable Mayor Bill Neu: It has been called to my attention that without my knowledge, I am it violation of the City Charter Section 14.05 - Nepotism. Due to this oversite on my part, I feel it is necessary for me to resign at once my seat on the Denton City Council. I deeply regret that I must take this action and cannot ful- fill my term of service to our City. Respectfully, George~chneider C,CI/l e4a, $/C!/Xi ot, F Vi Qm/u"t/IJ jw4a ~C wow 3133 BUFFALO SPEEDWAY • HOUSTON. TEXAS 11006 PHONE: 1113) 626-6610 INSERT HAM of cOW oMPANY THE FIDELITY AND CASUALTY MANY % ha YORK (Herein called the company) CERTIFICATE OF INSURANCE i The company hereby stales that H has Issued Is tM Iwnd named Mule o policy or policies of )eswance PM4111a2 the NAKED INSURED AND ADDRESS "a of Insurance and limits of liability awl forth kenL. This cMileate of Insurance aeilhee affirmativety mar negatively Mitchell Energy F, DevelopmentCorp. , et al . amends, extends or alters the coverogs afforded by the pofldes 3900 One Shell Plaza sdseduted herein. It Is funisbed as a motser of Inf~W Houston, Texas 77002 only, comfort no right, up" she holder and is lewd wIb the understadieg that the rights and liabilhtes of IM Wes L will be governed by IM ortginat pol y w policies a A" may be lawfw*y amended by endorsement from time M time. I(INO OF INSURANCE POII ; DATE l1AUF3 OF LABILITY EFFECTIVE EXP IRATION eAFENSATION i1C2063394 8/1/74 8/1/77 STATUTORY On absence of deck mark In block interpret as na coverage) YES NO (c) Voluntary Conpensoliom Endorsement (o) U. S. Longshoreman's and Harbor Worker's CDmpansatioa Ad Endorsement S 100e00Q.QQ .emu Pena. (b) Oulan CeMtaental SheK Operations Endorsement ❑ S 100x000.00 eochaccideat (c) Voluntary Compensation Endorsameal ❑ Is) Amendment to Coverage 1 Endonemenl-Moritfine (d) Amendment of Voluntory Compensation Endorsemant-Mmiltme Operations ) ❑ $ 100 000,00 •ach person Is) Amamdmanl so Coverage 1 Ertdonemant-Moritine ] ❑ f 100.000, 00 Bock occident GENERAL LIABILITY POLICY NO ~ - - EFFECTIVE EXPIRATION liadih Inlwry Type of Policy' $ 300.000 oath person • 00 each Occurnace Comprehensive a L6647480 8/1/74 8/1/77 300,000.00 ArejZate froci Ma m Coa}rectwr rs a $ 100-000_ on each occurvenee ❑ $Q0y.000..0 0 sgg regal • POLICY COVERAGES (n obsence of check mart In block Interprvf as no covuoge) Ieswing 1'remises-OPeratianf Q9 Ctalracfon Protective IQ Products (Completed Operations) Contractual (VoWKy auamed by Insured under writion contracts but subject to tie terms, conditieas and uciuslats of Are POW YES NO (a) popery Damage cavarage for damage to property so or akove the awdcKe of the earth orlsing from explosion, blowout or cr teeng of an oil or gas wall (e lawar,l) - - -...._____..._.r a} ❑ (b) Property Damage coverage ter damage to property arising out of blasting a explosion (i hasard)_ ❑ (c) Properly Damage corerege lac damage to property arising owl of o0lopse of or shudural Inlory W any building or skvdwe (c AaaadG . XI ❑ (d) Froporty Damege comef"a to wires, pipes, "at, efc. below the surface of the vvramd Is haxordl ❑ AVTOAIOBILE LIABILITY POLICY NO. EFFECrIYE EXPIRATION $ 100000.00 ~ Imle"y won Typo at Patkyr $ 300, 000• 00 .ads accident CemPr.Mtal.. ® L6447481 8/1/74 8/1/77 leek ❑ 100, 000.06" Damage each occident On wi seace of deck out I. block Interpret as ace coverage} $ Inswings Qj an owned vehicles IB hired vehicles ® nonowned vehicles ❑ the following vebkte(s), REA ARU Named Insured includes Sout eestem Gas Pipeline, Inc• This certifiate Is Issued at IM regwsl of the perwe or organisation named below and the company will mail to such person or ofgantsation, of the address she", / aeNa of ceSScelloOm and, where pouTbie, notice of may material change In any, of the desalted po)kies. ten days/ F- -1 Dole City of Denton Set er 19 Denton, Texas Iy ^ A SWi~+e~f~• L J CpAVj"w00j§+GWAW R~ 1 E