HomeMy WebLinkAbout01-1978 maw
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THE STATE OF TEXAS, ~ KNOW ALL M" "N BY THESE PRESENTS:
COUNTY OF DENTON
THAT CLEARANCE E. SMITH AND WIFE, WILMA GERTRUDE SMITH
r
of Denton County, Texas DEED RECORDS . in consideration of the cum of
One Dollar ($1. 00) -----------------------and other good and valuabbo consideration
in hand paid by the City of Denton, Texas rece'pt of which is hereby acknovdedged, do by
these presents grant, bargain, sell and convey unto to trte City of Denton, Texas, the free
and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following
j described property, 2 78J
k
~jwned by them . Situbted in Denton County, Texas, in the
A.N.B. Tompkins Survey, Abstract No. 1246
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
A.N.B. Tompkins Survey, Abstract No. 1246, and being, part of Lot No. 4,
Block 1 of the R. E. Ford Addition, an addition to the City and County
of Denton, and also being part of a tract of land as conveyed frora R. E.
Ford and wife, Hannah Ford to Clearance E. Smith and wife, Wilma Gertrude
Smith by deed dated May 30, 1346, and recorded in Volume 324, Page 588
of the Deed Records of Der.'.on County, Texas, and more particularly des-
cribed as follows:
Ij BEGINNING at a point in the west boundary line of Lot 4, Block 1 of the
R. E. Ford Subdivision, said point of beginning also beiag 16 feet south
of the northwest corner of said lot;
j
THENCE east. 16 feet south of and parallel to the north boundary line of
said lot a distance of 100 feet to a point for a corner in the east boun-
dary line of said lot;
THENCE south along the east l..ndary line of Eaid lot a distance of 20 fee
to a point for a corner;
J THENCE west feat south of and parallel to the north boundary line of
11 said lot a distance of 100 feet to a point for a corner in the west boun-
dary line of said lot;
THENCE north along the west boundary line of said lot a distance of 20 fee
to the place of beginning and. containing 2,000 square feet of land, more
or less; and it is understood and agreed that such area does not encompass
or encrouch upon any building or structure of Grantors now existing.
E >fa~xaidxae~eatr~afcldxatrcAOditxsrbrnreaod?oa$~axiita®arvc~icoax~cpv~oROti~ca~Rrlavtdkoc~cxvdadxflotx II
~ ~jEddr~:xxlta~trtab~trociax~cec~aa8xresa~cxkaaol~oaxxadttx>xo4xxts'. ~'i
Fo: the purpose of constructi g, installing, repairing and perpetual lyrmaia,,.%~ t
' taining drainage facilities in, along, upon and
I across said premises, with thq right and privilege nt sif times of the grantee herein, his or its agents,
empioyces, workmen and representatives having ingress, egrets, and regress In, along upon wtd'jidfdsa i;
said premises for the purpose of making additions to, Improvements on and repairs to the said
drainage facilities, or
any part thereof.
TO HAVE AND TO HOLD unto the Raid City of Denton, Tex, ,s nd aforesaid for
the purposes aforesaid the premises above described.
Witness their hands , this the day of e , A. D 7e I
'C 4"
ITH _ I
- CLEARANCE
VOl 8 F ~ i'JiGE ~.V9
I SINGLE ACKNOWLEDGMENT VA 874 PnE210
THE STATE OF TEXAS, I BEFORE ME, the undersigned authority,
Cv1 N'rY of DENTON Clearance E. Smith and wife,
.•'u, un~j fpsnsa!d County, Texas, on this day perronall/ nppearcd
' 4lilmA Gertrude Smith
t: i, t r
l:ft,ns-n to me b, Le the nS whose nom's are sul~serihed to the foregoing in=trament, and oCknaa'ledgod to mo
tout t he xf rr:ceutrd tho sumo l.,r tLr- porp,sir a Ill .1 consldcratiau lhorrin cxhressod.
GIVI''N, CNI)EIt MY IIAND AND SEAT, OF OFFICE, Th!s '5 1+} of A.P. IU 79
U~•. fh.fi•I J~~r,~rv., arc 1a~,««~
} Notary I'uLJlie, Denton Count;:, '1'cxns
My Cummissiou ExpiresiF h''7 Jy
JOINT ACKNOWLEDGMENT
ME STATE OF TEXAS, BEFORE ME, the undersigned authority,
COUNTY OF
in and for said County, Texas, cn this day personally appeared_
his wife, both known to ma to he the persona whose names Fire subscri!ed to the foregoing instrumor.i And acknowledged
to m: that tlu y each exccutcd the name for the purposes and considerution therein expressed, and tha said l
..,wife of the said having been
examined by me privily and apart from her husband, and having the some fully explainer) to her, she, the said
acknowledged s..? ins!rumcnt to be her act and deed
and she d,rl,rred that she had willingly signed the name for the purposes and cc..,,ldoratinn thcruin expressed, and that
she did r,ot •.vish to retract it.
GIVEN UNDER MY HAND AND SEAL OF OFFICE., This day of..__.._.._....... A.D. 19
(L.S.)
Notary Public, ..............._.._._.......,County, Texas
My Commission F.).pires Jun 1, 11
1
WIN'E'S SEPARATE ACKNOWLE 9 1
r m De, ~r eoo lile: ~
THE STATE OF TEXAS ~ A
r IhrrbL~~iePwal~hs`4tho
COUNTY OF d 1, a iole ra v n nu .n
in rind for said County, Texas, on this day personally appeared th..'..' t c. el the rr., I ruords t
. r I"u i Yes a; • Ilri y, J hna Ly mi.
of 0( 1"
wd: -
. ,
of.
known to me to be tho person whose namu is subscribed to the foregoing Instrument, avirlir betig-amired by mn privily
and apart from i,zr hu=band, and bating the same fully explained to her, she, the said
acknoti 1~Rv urh ' gtrument Jp be her a t and ricer), and
she dc,pa I that rho h.ul willingly signed the Fame for the. purpr,scs am •crn~idPi ti e~sse, ~A.tl, tt, he did
not wish to retract it. ; 4G4
GIVEN 13NDER MY RAND AND SEAL OF 0FFICE,This."... ay of A.D. )D
(L.S.) COUnIY CLERK. Denton. Count', TOM
Notary Public, ............................................County, Texas
My Commission Expires June 1, 19.... _
CLERK'S CERTIFICATE
THE STATE OF TEXAS, I,_.....__ Count,.
COUNTY OF.
Clerk of the County Court of eafd County, do hereby certify that the foregoing Instrument of writing dated on Iihe
day of A. D. 19 with its Certificate of Authentlenlion, was filed for
record in my office on the day of A. D. 19 at o'clock M., and duly
recorded this day of _ A. D. 19 at o'clock M., in the
_ _ _ _ Records of said County, In Volume on pages
WITNESS MY HAND AND SEAL OF THE COUNTY CO URT of said County, at office In
the day and year last above written.
County Clerk _ County, Texas.
(L, S.) BY_._.,, Deputy.
J `
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THE STATE OF TEXAS, ~ KNOW ALL 31EN BY TIiESE PRESENTS:
COUNTY OF DENTON
THAT CLEARANCE E. SMITH AND WIFE, WILMA GERTRUDE SMITH
of Denton County, Texas DEED RECORDS , in consideration of the sum of
One Dollar ($1.00)----------------------- and other good and valuable consideration
in hand paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by
these presents grant, bargain, sell and contay unto to the City of Denton, Texas, the free
and uninterrupted us-,, liberty and privilege of the passage in, alone,, upon and across the following
described property, 2ol84
f owned by them . Situated in Denton County, Texas, in the
i
A. N . B . Tomppkins Survey, Abstract No. 1246
All that certain Iot, tract or parcel of land lying and being situated in
the City and County of. Denton, State of Texas, and being part of the A.N.B.
I Tompkins Survey, Abstract No. 1246 and being part of Lot No. 5, Block 1
of the R. E. Ford Addition, an addition to the City and County of Denton,
and also being part of a tract of land as conveyed from Herbert C. Knight
j and wife, Mabena S. Knight to Clearance E. Smith and wife, Wilma Gertrude
Smith by deed dated October 16, 1956, and recorded in Volume 426, Page 358
of the Deed Records of Denton County, Texas, and more particularly des-
cribed as follows:
BEGINNING at the northwest corner of Lot 5, Block 1 of the R. E, Ford Sub-
division said point of beginning also lyir.g in the south boundary line ofi
a tract of land conveyed from Henry F. Blum to James McKinstry Burns by
Deed dated October 27, 1972 and recorded in Volume 658, Page 721 of the
` Deed Records of Denton County, Texas and also being 294.5 feet east of the
east right of way line of McCormtck Street;
THENCE east along the north boundary line of said Smith Tract same being
the south boundary line of said Burns Tract, a distance .f 100 feet to a
point for a corner, came being the northwest corner of said Smith Tract;
THENCE south with the east boundary line of said Smith Tract a distance of
' 36 feet to a point for a corner;
THENCE westerly a distance of 103.33 feet to a point for a corner in the
west boundary line of said Smith Tract, said point being '.0 feet south of
the northwest corner of said Smith Tra.'t;
THENCE north along the west boundary line :%f said Smith Tract a distance
of 10 feet to the place of beginning and containing 2,300 square feet of land, more or less; and it is understood and agreed that such area does
not encompass or encrouch upon any building or structure of Grantors now
existing.
i~?c4PAx~osxldxcca&4tae:bttuafi"~cadaoxaagt:axk~tviltxerreosx:tmmcldxa2xapaclydwxoco>uemibodx,wckiemexs;
kxi~te7m~~mwthe~xa,ya~ls4ia~~a'.at~aaxy~~atsoe~tlrtm~lslkke~af~r>:t~x
For the purpose of constructing, installing, repairing and perpetually main-
taining drainage facilities in, along, upon and
!i across said premises, with the tight and privilege at all times of the grantee herPia, his or its agents, i
employees, workmen and representatives having ingress, egress, and regress In, along upon- cacToss
said premises for the purpose of making additions to, improvements on and repairs to the said
drainage facilities, or
arW part thereof. f
i
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for
the purposes aforesaid the premises above described.
Witness their hands , this the 3i day of vo'- , A. 1978e.
U"ARANUL - TH
,rot 874 ?Arf 207
,r --7
SINGLE AC'KNOWLEDG:iIF.NT VCL 814 ma 208
THE STATE OF TEXAS, ~ BEFORE ME, the undersigned authority,
COUNTY OF DENTON r
in and for said County, TcxEts, on this day personally appeared Clearance E, Smith and Wife
Wi.jma,Gertrude Smith
4itiX~+ n to rite t ,r 1,1. Iho jwrs~,;,S %khncc rwiwS are suhscribed to the foregoing instruniont, and aeknOMCdged to me
the purp svs and consideration therein exprc: scd.
hat`, tbny eixer0041. ti,,, corn, f, r
GIN' FN I'NDI-A. 11V TIAND AND SEAT, OF OFI- ICF., T his 6 day r f `R t; A.D. 1579
a
fid Notary 1'nblic, Denton Cowity, Texas
11Y Commission }:Kplres laae-}r -T • 7 y
JOINT ACKNOWLEDGMENT
THE, STATE OF TEXAS, ~ BEFORE ME, the undersigned authority,
COUNTY OF _
in and for said County, Texns, on this day personally appeared _
nn,l
his wife, both knotivn to me to he the persons whose names are suhscribed to the foregoing instrument, and acknowledged
to Inc that they each executed the same for the purposes and conshleratiun therein expressed, and the said
wife of tl a said having been
examined by me privily and apart from her hasband, and having the same fully explained to her, she, the said
acknowledged such irstrument to be her net and deed
and sl a declared that she had willingly signed ahe same for the purposes and consideration therein expressed, and that
she did not wish to retruCt it.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of A.D. 19
01S.) _ .
Notary Public, _ County, Texas
My Commission Expires June 1, 19
WIFE'S SEPARATE ACKNOWLEDG31ENT
THE STATE OF TEXAS, ~ BEFORE 6IE, the undersigned authority,
COUNTY OF )
in and for swirl Counly, Tcxas, on this day personally appeared,_
wife of..,._...................
known to me to be the person whose name is subscribed to the foregoing instrument, and having been examined by me privily
and apart from her husband, and having the same fully explained to her, she, the sald _
ncknotvledged such instrument to he her act and decd, and
she docInred thrd she had willingly signed the same for the pm-poses and consideration therein expressed, and that she did
not wish to retract it.
GIVEN UNDER MY HAND AND SEAL OF OFFICE;Fhis_ day oL. A. D, 19
Notary Public, County, Texas
b1E_Commisslon Expires June 1, 19............
CLERK'S CE Cry car t1Y of t)"
THE STATE OF TEXAS UNTy ctwx, Drr,hr Tr,Ov
h~..; tart ,r. , ,
COUNTY OF..pG
Clerk of the County Court of sa`dsCount do hereby certift ` eta :ya'P1 rRcrlrttst4uMenComforiltting Ya County
ixKe. ~s fin,m d h , n ated on the
day of A. D. 19 with its Certificate of AWd;cation, was filed for
record In my otlice on the day of } AR89 7 J978 o'clock M., and duly
recorded this__ day of c A. 19 at
o'clock NI., in the
rl~j' t ue e'It' pges
WITNESS 111Y HAND AND SEAL OF THE COUNTY b ~1 a'I`~x said Coun aUo`u ~ on n 1
, the day and y.ar Is9t~1~L'4 b1ILlj°$onton County, Tom
County Clerk_.__.,.,._..........._......_ County, Texas.
(L, S,) By. qq ?pJ Deputy.
At
a ~ G7 A 1ti' l Pl GGii s
w ' I
FILk'U,
~l Z fva
OD 1919 Ilk IIⅈ a
u O
a g e
)i b ;i.) Er w (:'iIYFRISMtifuHCJ:7EX,',
Cori -4 p W I A _._,Qpury s0 ~w r~
W t i WI ~ :3 o m e 4~
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it
,C--204-aUr 'CLAIM DECD V/IlL R1119'% lolut and WA Sm"liAclnualu:mmi. kA
THE Y3lp1 i'AGE 78 f`
STATE ' ' ' 1fN0}V ALL Al1;N 13Y T111.S1: PRISMS:
COUNTY OF DENTON
+ tElf) RECORDS
i~ That TILE CITY OF DENTON, TEXAS, A MUNICIPAL CORPORATION i
of the County of Denton And State of Texas , for and In consideration of
the sum of ----------------------------------------------------1535
One 6 No/100----•------------------DOLLARS,
i
to it in hand paid by Denton Publishing Company, William B. Stephens
and Martino Brothers Trust
of the County of Denton and State of Texas , the rec(fpt of which
Is hereby acknowledged, do, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER
QUIT CLAIM unto the said Denton Publishing Company, William B, Stephens j
and Martino Brothers Trust,
their heirs and assigns, all its right title and interest in and to that certain tract or par-
cel of land lying in the County of Denton and State of Texas, described as followr,
to-wit:
' All that certain lot, tract or parcel of land lying, and being situated
in the City and County of Denton, State of Texas, and being part of the
If. Sisco Survey, Abstract No, 1184 of the Faughts Addition, an addition
to the City and County of Denton as recorded in Volume 50, Page 398 of
the Deed Records of Denton County, Texas, and more particuarly described
as follows:
I ~
BEING a 20 foot alley located in the Faughts Addition, the centerline
of which is described as follows:
'j BEGINNING in the west boundary line of Lot 9, End Lot 16;
i
i THENCE east a distance of 250 feet to the end in the west right of ways
line of Blount Street and containing 5,000 sgiAarc feet of land, more
or less,
I
TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privi-
leges and appurtenances thereto in any manner belonging unto the said Denton Publishing
Company, William B. Stephens and Martino Brothers Trust
tl:oir heirs and assigns, forever, 9o that neither tho said
City of. Denton, Texas, a Municipal Corporation, its successors
nor ibxbrx xmx any person or pcraons claiming under it shall, at any time hereafter,
i have, claim or demand any right or title to the aforesald promises or appnrtcnances, or any part there- !r
of.
WTPNb;S.S our hand at Denton, Tones this 17th
day of January A.D. 19 711 f
•
Witnesses at Rcquest.of Grantor: CITY OF [1P.NTON, TEXAS
_
ATTEST: `BY:••..•••. J_
~ E:LIN(?Il 11UCIIli5, V(1R
i
"Altb(5}.~~ ITbf:fi; i;11~y .S~;t;Ri;~inFtY
. - • wu...w u•:.. w•:.. .n •a:Mt• .:1'••YiFJf A.. Y.•6•W.s~'~_.•:-~~
I ,JtOrv fr•i• ..I:i..w .u., . v f2_i 1 Y._1i t~~Y.(. f1[J i ..at_+.. __..1-
momw
siNGIX ACKNOWLEOGME.NT
THE STATE, OF TEXA's,
COUNTY OF DENTON } IIEF'ORFI ME, theundorely;ned nuthority.
In end f~rrs~,id l'onnlyr,'fr, on lhi•r day pcrr:ariully npiwaro,l ):l,illoj'.,Hughes,. MayQr. .Q.f-t.h9 sity
of Dentol,V1,_,nVk
f4 bfficer -
known to nip to hr,thu pc rr nn Shpse Norio 1S snbscrihpd to the fnrrgolnlt instniment, and nckrowladged to uee that
S he cr;cl.Glcd~tho Name far {hu purprrsos and con~Ido,ntipn thrrrin expressed.
Glv' ;i,.k {41yI•Lt tIX~IANi,I•ANV SEAL OF' OFFICH, This
1 Vii,,cp~n dJauar AP. 19 78Ifti.ti'Q. ~~Notary UCIILII County, Texas
MyCornExpirpsySXX. fMX March 31it 1979
J0. NT ACKNOWLEDGMPNT
THE, STATE. OF TEXAS) 13EF'ORE ME, the undersigned authority,
COUNTY OF
in and for sald County, Texas, on this day personnlly appeared
his wife bath known to me to be the persona sthnep names are subscribed to the foregoing Instrument, and acknowledged to
me that they each exocuted tho sarne for the purposes and conAdcration therein expressed, And the Bald
wife of the sold. . . . having been
examined by me privily and apart from her husband, and having the same fully explained to her, she, the Said _
neknowirtiged such Instrument to be her net and deed nod
she declared that sfe had willingly sign•rd the same for the purposes and consideration therein expressed, and that she did
not wish to ret-'act it.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of , A.D. 19....._.....
Notary Publte. . _ County, Texas
I My Comm!sslon Expires June 1, 19............
WIFE'S SEPAIMTE AC'KNOWLEUGMEW
THE STATE. OF TEXAS, ~ BEFORE DIE, the undersigned authority,
COUNTY OF
In and for said County, Texas, on this day personally appeared _ _
known to me to b be the person uhose neme is subscribed to the fpcFoinq Instrument, and hauog been evnmina;i by me privily
mt auto ethhe )r
and ap nd and,ha%ing the same fully explained to her, Shp, the said
neknowicdgod such instrument to be her act and deed, and
she declarer) that she h:;d !•.Illiugly signed the same for the purposes and conAdcratinn therein expre.sed. and th^r ab" ,114
n;t tvlrh tr, rctrr.rt A.
GIVEN UNDER MY HAND AND SEAL OF OFFICF.,This. duy of. A.D. It
• Notary Ppblic, County. Texas
'My Conn lsafbn Expires June 1, 19....
CLLItK fleFOICATL cowN or urmt
THE STATE OF TEXAS, 1 A. rhCOUNIY CIBC Denton Counly. Texts
yfxfhly th..t thic mrh.ument.w~s.lI1SQ,pn.thl...... County
COUNTY OF. _ . _ dote end upM atrnprd hcruon byme and was duty m t
h
e a 1u nd o I ti a
Clerk of the County Court of Wild County, do het C9 1d d n
_•b p Prif 1'n& SfS'U4fA~i of writing dated on r,e
cti Dre~,!o!ur. . rx as r an ereon y toot
day of _ . , A. D. 19 W;th its Certificate of Avthentieatlon, was filed for
record in my oMce on the . _ day of _ J AW20191978, at . o'clock . M., and duly
recorded this _ ..day of.. Cyv 6 .A. D. 19..at o'clockM., in the
f r Volu r I ea ......'VITNESS AI Y HANb AND SEAL OF T1IE COL O 'ht~, att c on pag
....................................................................the dand SpCOdNhE C~Tki<i blrh -&&a0'r to"
County Clerk County, Texas.
I; L. S.) By Deputy,
?yqt
06
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L_...__=4-~4.°R.dlfllFl~- _ • r_ _ - _ _ _ =t7n.'~- _
E 1'Ol 0 ! J At
THE STATE OF TEXAS, ~
KNOW ALL MEN BY THESE PRESENTS.
COUNTY OF DENTON
THAT SHIRLEY JOHNSON AND RF~ RfJ05IE' JOHNSON
of Denton County, Texas , in consideration of the sum of
l
($1.00) and other <,od and valuable consideration i
One Dollar
I' in hand paid by the City of Denton, Texas receipt of wblch Is hereby acknowledged, do by
these ;;resents grant, bargain, sell and convey unto to the City of Denton, Texan the free
and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following
~I
11 d,scribed property, 2592
owned by them . Situated in Denton County, Texas, in the
A. N . B . Tompkins Survey, Abstract No. 1246
J All that certain lct, tract or parcel of land lying and being situat3d
in the City and Co-mty of Denton, State of Texas, and being part of the
A.N.B. Tompkins Survey, Abstract No. 1246, and being part of Lot No. 8,
Block I of the R. E. Ford Addition, an addition to the City and County
of Denton, and also being part of a tract of land as conveyed from D. B.
Boyd and wife, Marie Boyd Lo Shirley Johnson and wife, Josie Johnson by
deed dated Decembee 22, 1950, and recorded in Volwne 366, Page 577 of the
Deed Records of D iton County, Texas, and more particularly described as
follows:
BEING the north 10 feet of Lot 8, Block 1 of the R. E. Ford Subdivision
ano being 194.5 feet in length and containing 1,945 square feet of land,
more or less,
Iff
k
E
And it is further agreed that the said City of Denton, Texas j
in consideration of the benefits above set out will remove from the property above described, such fences,
I'
buildings and other obst.uctlons as may now be found upon said proper'-.
For the purpose of constructing, installing, repairing and perpetually main- j
taining drainage facilities in, along, upon and
across said premises, with the right and privilege at all times of the grantee herein, bisF~S its, agents,
employees, workmen and representatives having ingress, egrear, ;i,u rogress In, along upon and across
said rremises for the purpose of making additions to, Improvem mte on and repairs !.o the ezid II
drainage facilities, or
any part thereof.
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for i
the purposes aforesaid the premises above described.
Witqess their hand this the /%a y of A. D. 19 79 .
GItL ~f tis-- / t, cJ{r -1
T 1 SIE JOHNSON
I~
SINGLE ACKNOWLEDGMENT
THY:'STATE-OF TEXAS, 1
~ r BEFORE F SSE., the undersigned authority,
~
co.6NTy of DF,
i§ i td fu sal "OR, 'Cexns, on this day personally appeared .ZlYley_JOF1I130n and wife,
,.~as~e Joon
knrndn ~dtan k, 'bv the person S whose nnmes are subscribed to the fnrefding instrument, and acknowledged to me
tl,;,t the y exc, utod .hc sanW fur the purposes and corsiderlit ioil therein oxpr("L'I. l
611'1',\ UN it MY HAND ANI) SF;AI. ON OFFICE, Phis 1977
Notary I'Odic, Denton County, Texas
Sly Crnvnission Expires June 1, 19
JOINT ACKNOWLEDGMENT
THE,. STATE OF TEXAS' BEFORE bIE, the undersigned authority,
COUNTY OF
in and for said County, Texas, on this day personally appeared .._.......___...nn!
his wife, both known to me to he the persons whose names are subscribed to the foregoing instrument, and acknowledged
to me that they each execut.d th. some fog the purposes and consideration therein expressed, and the said
wife of the Bald having been
examined by me privily and apart from her hushtmd, and having the same fully explained to her, she, the said
acknowledged tuck instrument to be her act and deed
and she declared that she had willingly signed '.he same for the purposes and consideration therein expressed, and that
she dia not wish to retract it.
GIVEN UNDER MY HAND AND SEAL 0,0 OFFICE, This day of_..._ A.D. 19.
(L.S.) .
.
Notary Public, County, Texas
My Commission Expires June 1, 19
WIFE'S SEPARATE ACKNOWLEDGMENT
THE STATE. OF TEXAS,
BEFORE ME, the undersigned authority,
COUNTY OF
In and f~: said County, Texas, on this day personally appeared....
.
w;fe of._.........
known to me to be the person whose name is subscribed to ae foregoing Instrument. and having been examined by me privily
and apart from her husband, and having the same fully explained to her, she, the Bald
acknowledged such instrument to be her net and deed, and
she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did
set wish to retract it.
GIVEN UNDER MY HAND A1:D SEAL OF OF'FICE,This_ day of A D. 19
Notary Public, _ .......................................County, Te:cas
bly Commission Expires June 1, 19
T~CLERK'S CERTIFICATE
.......County
THE S0-0/-.
COUNT py
Clerk the %Dpnfy Cour~``oi vrity, do hereby ecilify that the foregoing instrument of writing dated on the
o!_ _ , A. D. 18 with its Certificate of Authentication, was filed for
Teeor Rico ant a ay of A. D. 19 . , at o'clock M., and duly
f
reco d W Idsay n A. D. 19 , at o'clock M,, in the
Q . Records of said County, in Vo;ume . on pages
IT SI b1YcVA -~t9Ii e, OF THE COUNTY COURT of tald County, at cll3ce In
Y a ! .........,the day end year last above written.
vF 8 County Clerk County, Texas.
I i4 By. Deputy,
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CERTIFICATE FOR
ORDINANCE CALLING A BOND ELECTION
THE STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON
We, the undersigned officers of said City, hereby certify
as follows:
1. The City Council of said City convened in
SPECIAL MEETING ON THE 30TH DAY OF JANUARY, 197s,
at the Municipal Building (City Hall), and the roll w=.s called
of the duly constituted officers and members of said City
council, to-wit:
Brooks Holt., City Secretary Elinor Hughes, Mayor
Bill Nash Dick Stewart
Joe Mitcha'.1 Mary Claude Gay
and all of sair: ersons were present:, except the fcllowing
absentees: '
thus cons*!1-:ting a quorum. Whereupon, among other busi-'ness,
the fol~'owirc, was transacted at said Meeting: a written
ORDINANCE CALLING A BOND ELECTION
was duly :.ntroduced for the consideration of said City Council
and read mn full. It was then duly moved and seconded that
said Ordinex:c_ he passed; and, after due discussion, said mo-
tion, carrying ~Yith it the passage of said Ordinance, prevail-
ed and carried by the following vote:
AYES: All members of said City Council
shown present above voted "Aye".
NOES: None.
2. That a true, full, and correct copy of the aforesaid
Ordinaneo passed at the Meeting described in the above and fore-
going paragraph is attached to and follows this Certificates
that said Ordinance has been duly recr;rded in Said City Council's
minutes of said Meetings that the above and foregoing paragraph
is a true, full, and correct excerpt from said City Ccr_,ncil's
minutes of said Meeting pertaining to the passage of said Ordi-
nance; that the persons named in the above and foregoing para-
graph are the duly chosen, qualified, and acting officers and
members of said City Council as indicated therein: that each of
the officers and members of said City Council was duly and suffi-
ciently notified officially and personally, in advance, of the
time, place, and purpose of the aforesaid Meeting, and that said
.)rdi.:.ance would be introduced and considered for passage at said
Meeting, and each of said officers and members consented, in ad-
vance, to the holding of said Meeting for such purposes and that
said Meeting was open to the public, and public notice of the
time, place, and purpose of said meeting was given, all as re-
quired by Vernon's Ann. Civ. St. Article 6252-17.
3. That the Mayor of paid City has approved, and hereby
approves, the aforesaid Ordinances that the Mayor and the City
Secretary of said City have duly signed said Ordinances and
that the Mayor and the City Secretary of said City hereby de-
clare that their signing of this Certificate shall constitute
the signing of the attached and following copy of said Ordinance
for all purposes.
SIGNED AND SEALED the 30th day of January, 1978.
xCity Se retary Mayor
(S AL) - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
We, the undersigned, being respectively t City xrr ey
and the Bond Attorneys of the City or ton Tex s, h Fbcer-
,h
ti fy that we prepared and approved to le li t a t ed
and following Ordinance prior to i s pa ag a es i
C t Atto >Sey
/
le- Ce, b4 /t
Bond Attorneys
ORDINANCE NO. 78- 3
ORDINANCE CALLING A BOND ELECTION
THE STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON
WHEREAS, it is deemed necessary and advisable to call the
election hereinafter ordered; and
WHEREAS, it is hereby officially found and determined: that
a case of emergency or urgent public necessity exists which re-
quires the holding of the meeting at which this Ordinance is
passed, such emergency or urgent public necessity being that the
proceeds from the sale of the proposed bonds are required as soon
as possible and without delay for necessary and urgently needed
public improvements; and that said meeting was open to the public,
and public notice of the time, place, and purpose of said meeting
was given, all as required by Vernon's Ann. Civ. St. Article
6252-17.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
1. That an election shall be held on FEBRUARY 28, 1970,
in said City at the following designated polling place:
THE COMMUNITY BUILDING IN THE CIVIC CENTER.
Said City shall constitute a single election precinct for said
election, and the following election officers are hereby appoint-
ed to hold said election:
Presiding Judge: Lee Knox
Altercate Presiding Judge: Robert A. Miller
2. That the Presiding Judge shall appoint not less than
two qualified election clttks to serve and assist in conducting
said elections provided that if the Presiding Judge actually
serves as expected, the Alternate Presiding Judge shall be one
of such clerks.
3. That by approving and sicning this Ordinance the Mayor
of said City officially confirms his appointment of the aforesaid
election officers to serve at said election; and by passing this
Ordinance the governing body of said City approves and concurs
in the appointment of the aforesaid election officers.
4. That all resident, qualified electors of the City shall
be entitled to voce at said election.
5. That notice of said eiectkon ahall be given by posting
a substantial copy of this Ordinarize at the City Hall and at
two other placA- in said City, not less than 15 days prior to
the date set for said elections and a substantial copy of this
Ordinance also shall be published on the same day in each of two
successive weeks in a newspaper of general circulation published
in said City, the date of the first publication to be not less
than 14 days prior to the date set for said election.
-1-
r
.
6. That at said election the following PROPOSITIONS shall
be su},i:iitted in accordance with law:
PROPOSITION NO. 1
Shall the City Council of the City of Denton be
authorized to issue the bonds of said City, in one
or more series or issues, in the aggregate principal
amount of $1,815,000, with the bonds of each such
series or issue, respectively, to mature serially with-
in not to exceed forty years from their date, and to
be sold at such prices and bear interest at such rates,
not to exceed the maximum rates permitted by law, as
shall be determined within the discretion of the City
Council, for the purpose of the acquisition of proper-
ty and making improvements for public purposes, to-wit:
zonstructing and improving streets in said City and
providing drainage facilities in connection therewith;
and shall said City Council be authorized to levy and
cause to be assessed and collected annual ad valorem
taxes in an amount sufficient to pay the annual ir,ter-
est on said bonds and provide a sinking fund to pay
said bonds at maturity?
PROPOSITION No. 2
Shall the City Council of the City of r-nton be
authorized to issue the bonds of said City, in one
or more series or issues, in the aggregate principal
amount of $775,000, with the bonds of each such
series or issue, respectively, to mature serially with-
in not to exceed forty years from their date, and to
be sold at such prices and bear interest at such rates,
not to exceed the maximum rates permitted by law, as
shall be determined within the discretion of the City
Council, for the purpose of the acquisition of proper-
ty and making improvements for public purposes, to-wit:
providing additional City public library facilities;
and shall said City Council be authorized to levy and
cause to be assessed and collected annual ad valorem
taxes in an amount sufficient to pay the annual inter-
est on said bonds and provide a sinking fund to pay
said bondn at maturity?
PROIJSITION NO. 3
Shall the City Council of the City of Denton be
authorized to issue the bonds of said City, in cne
or more series or issues, in the aggregate principal •
amount of $880,000, with the bonds of each such
series or issue, respectively, to mature serially with-
in not to exceed forty years from their date, and to
be sold at such prices and bear interest at such rates,
not to exceed the maximum rates permitted by law, as
shall be determined within the discretion of the ^.ity
Council, for the purpose of the acquisition of proper-
ty and making improvements for public purposes, to-wit:
providing additional City police facilitiesr and shall
said City Council be authorized to levy and cause to
be assessed and collected annual ad valorem taxes in
an amount sufficient to pay the annual interest on
said bonds and provide a sinking fund to pay said bonds
at maturity?
-2-
r. l
PROPOSITI&N NO. 4
Shall the City Council of the City of Denton be
authorized to issue the bonds of said City, in one
or more series or issues, in the aggregate principal
amount of $530,000, with the bonds of each such
series or issue, respectively, to mature serially with-
in not to exceed forty years from their date, and to
be sold at such pri,"as and bear interest at suca rates,
not to exce(A the maxim-am rates permitted by law, as
shall be determined within the discretion of the City
Council, for the purpose of the acquisition of proper-
ty and making improvements for public purposes, to-wit:
providing additional City fire fighting facilities;
and shall said City Council be authorized to levy and
cause to be assessed and collected annual ad valorem
taxes in an amount sufficient to pay the annual inter-
est on said bonds and provide a sinking fund to pay
said bonds at maturity?
7. The.t the official ballots for said election shall be
prepared in accordance with the Texas Election Code so as to
permit the electors to vote "FOR" or "AGAINST" the aforesaid
PROPOSITIONS, with the ballots to contain such provisions, 4
markings, and language as required by law, and with such
PROPOSITIONS tc be expressed substantially as follows:
PROPOSITION NO. 1
FOR )
THE ISSUANCE OF $1,815,000 CF STREET
AND DRAINAGE BONDS
AGAINST )
PROPOSITION NO. 2
FOR )
} THE ISSUANCE OF $775,000 OF LIBRARY
BONDS
AGAINST )
PROPOSITION NO. 3
FOR )
THE ISSUANCE OF $880,000 OF POLICE
FACILITIES BONDS
AGAINST )
PROPOSITION NO. 4
FOR )
THE ISSUANCE OF $530,000 OF FIRE
FIGHTING FACILITIES BONDS
AGAINST )
8. That it is hereby found and determined that the prob-
able period of usef•ilness of the proposed improvements covered
by each of the aforesaid PROPOSITIONS is 30 years.
9. That Artille 91 Sec. 9.02 of the City Charter contains
the following provision and requires this election ordinance to
distinctly specify:
-3-
11(6) a determination of the net debt of the City
after issuance of the bonds thereby authorized, together
with a dec..ration that the bonds thereby authorized
will be within all debt and other limitations prescrib-
ed by the Constitution and laws ofthe State of Texas.";
and
The determination is hereby made that the net debt of the City
after the issuance of the bonds hPr-'n proposed to be submitted
will be not more than Sis ~ and it is hereby declared
that said general obligatio'- Uonds will be within all debt and
other limitations prescribed by the Constitution and laws of
the State of Texas.
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1.
CONTRACT AGREEMENT
STATE OF TEXAS E
COUN'T'Y OF Denton
THIS AGREEMENT, made and entered into this 4 day of Jnnuary
A.D.. 1978 , by and between city of Denton, 215 E. McKinney St., Denton,
Texas
of the County of Denton and State of Texas,' acting through John J.
Marshall, Purchasing Agent thereunto duly authorized so to do,
Party of the First Part, hereinafter termed the OWNER, and „pnton
Construction Co., 816 E. Sycamore St., P.O, Box 1526
of the City of Denton County of Denton
and State of Texas Party of the Second Part, hereinafter
® termed CONTRACTOR.
WITNESSETH: chat for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by the Party of
the First Part (OWNER), and under the conditions expressed in the bonds
bearing even date herewith, the said Party of the Second Part (CONTRACTOR)
hereby agrees with the said Party of the First Part (OWNER) to commence
and complete the construction of certain improvements described as follows:
Aid 48543, P.O. 1135428, Installation of six (6) Pavillions, according
to the bid specifications that is a part of this contract for $12,540.00
and all extra work in connection therewith, under the terms as stated in
the General Conditions of the Agreement; and at his (or their) own proper
cost and expense to furnish all the materials, supplies, machinery, equip-
ment, tools, superintendence, labor, insurance, and other accessories and
services necessary to complete the said construction, in accordance with
the conditions and prices stated in the Proposal attached Hereto, and in
accordance with all the General Conditions of the Agreement, the Special
Conditions, the Notice to Bidders (Advertisement for Bids), Instructions
ti\ c g-pr. G. Ry,larder ys,
1 v 1 ♦ 4~ ' r j~~; ~
i
C~ o
I NO. J 3
a
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS,
AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINA14CES OF
THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-11 AND AS SAID MAP
APPLIES TO 6.2 ACRES OF LAND OUT OF LOT 7, BLOCK 187-21 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 nF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
' E
SECTION I.
That the Zoning Map of the City of Denton, Texas, adopted the
14th day of January, 1969, as an Appendix to the Code of Ordinances
of the City of Denton, Texas, under provisions of Ordinance No. 69-1,
be, and the same is hereby amended as follows:
All the hereinafter described property is hereby removed j
from the Agricultural "A" 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
a
apply to said property as Light Industrial. "LI" District
in the same manner as other property located in the Light
Industrial "LI" District; ?
rM" All that certain lot, tract or parcel of lend lying and be-
ing situated in the City and County of Denton, State of.
Texas, and being 6.2 acres of land out of Lot 7, Block 187- i
2 and being located on East McKinney Street beginning 1100;
feet east of Loop 288, The tract is typically 400 feet
` deep and has 677 feet of frontage along East McKinney in
the City of Denton, Texas.
SECTION II. ~
k That the City Council of the City of Denton, Texas hereby
finds that such change is in accordance with a comprehensive plan
a' for the purpose of promoting the general welfare of the City of
Denton,rTexas, and with reasonable consideration, among other things
for the character of the district and for its peculiar suitability :f
or particular uses, and with a view to conserving the value of the
buildings, protecting human lives, and encouraging the most appro-
priate uses of land for the maximum benefit to the City of Denton,
' Texas, and its citizens.
SECTION III.
That this ordinance shall be in full force and effect immedi-
ately after its passage and approval, the required public hearings
having heretofore been hald by the Planning and Zoning Commission
and the City Council of the City of Denton, Texas, after giving due
notice thereof.
PASSED and APPROVED This the dO day of January, A. D. 1979.
w~
J I H' , Y ;
qX'TY OF DENTON, TEXAS
ATTEST'.
v~ K HO T, I4' SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORMS
4,P L CV-1 S HIA!i sATTORNEY
Cl:TY OF DENTON, TEXAS
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CW134 1JEW .81W aliltK mA Sw4 Wife. N 4c►cur>.,Arm~ob _ N.AILTIN L4UuMt! OLL. 1HIau . _
{ THE STATE Or TEXAS, KN01V ALL MEN BY THESE PRESENTS: ~F
COUNTY OF DENTON IJLEU kt.I:UHUS
.
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That THE CITY OF DENTON, TEXAS, A MUNICIPAL CORPORATION
of the County of Denton and State of Texas , for and In con3ideration of
l
the sum of
----One ($1.00)----------------------------- DOLLARS,
to it in hand paid by Charles W. Glasgow, et ux 740
cf the County of Denton and State of Texas , the roceipt of which
is hereby n:knowlodged, do, by these preien`s, BARGAIN, SELL, RELEASE, AND FOREVl':R
QUIT CLAIM unto the said Charles W. Glasgow, et ux, their
I
i
I
heirs and assigns, all its righttitlo and interest in and to that certain tract or par-
cel of land lying in the County of Denton and State of Texas, described as follows,
to-wit: All that certain lot, tract or parcel of land lying and being
situated in the City and County of Denton, State of Texas, and being
part of the S. C. Hiram Survey, Abstract No. 616, and being part of
Lot No. 4, Block B of the Teasley Mall Addition, an addition to the
j City and County of Denton, and also being part cf a tract of land as
conveyed from Jack Bell, Jr. to Charles W. Glasgow, et ux by deed
k dated March 11, 1977 and recorded in Volume 825, Page 982 of the Deed
Records of Denton County, Texas, and more particularly described as
follows:
BEGINNING at the northeast corner of said tract, said point of beginn-
ing lying in the east right of way line of Jason Drive, and being 87,03 -
feet north 10 191 3711 east of the intersection of the east right of way
i line of Jason Drive and the north right of way line of Londonderry Lanei
THENCE south 890 131 52" east along the north boundary line of said
E tract a distance of 466.91 feet to a point for a corner;
THENCE south 00 461 08" west a distance of 10.0 feet to a point for a
corner:
k THENCE north 890 131 52" west 10.0 feet south of and parallel with the
north boundary line of said tract a distance of 467.01 febt to a point
for a corner in the west boundary line of said tracts
THENCE north 10 191 1711 east along the west boundary line of said tract
a distance of 10.0 feet to the place of beginning and containing 4,669.6
square feet of land, more or less.
TO HAVE AND TO HOLD tt a said premises, together with all and singular the rights, privi-
Ilges and appurtenances thereto in any manner belonging unto the said Charles W, Glasgow,
et ux, their -
heirs and assigns, forever, so that neither the said
I City of Denton, Texas, its successors
xxa *atkj; nor any person o: persons claiming under it shall, at any time he~rbti tor,
have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part there- +
I o..
I WITNESS my hand at Denton, Texas this
cO 4-k day of .ranuary A. D.10 78
Witnesses at Requlsst of Grnntor., g%TY Of DENT.ON!„
A'fTESTa dYs ~~r
ELINOR 11UG11ES,~MA
_ on 7IO>J1 ; : crmY s>;cl .~ln Y. _ _ ya ° 0 I'M 485
THE, STATE' SINGLE ACKNOWLEDGMENT +Ol 870 ?w STATE' OF 'i'1:XAS, 48
COUNTY OF DENTON, . } 13FFOIIL ME, th- undersfgned authority,
In and for said County, Texas, on this play per. innlly appeared Elinor Hu hes ids or of the City
o enton•,~ ,Texas,..
• b officer
knot ;h mo.to hc'i;,e3lrsan I Kho,e name i8 subscribel to the foregoing instrument, rend acknowledged tome that
k0 • 1
¢ i`! tILLI 'i%v:snme for the purposes aid consideration therein expressed.
ii '(IIVL'*r U. DER fJY HAND AND SEAL OF OF 'ICE, This ter' Jay of „ , A.D. 19?~..
Notary P tic, n Det on ............C)unt.',. Texas
H1. o r~
My Commission Expi es- ,e L -19_1751P.
JOINT ACICNOIVLEDU31ENT
TH E'aTATE OF TEXAS,
COUNTY OF _ BEFORE ME, the undersigned authority,
in and for said County, Texas, on this day peracnall j apf'•:ared.......... .
r
an9 .
his wife, both known to me to be the persons wh;se nom^.s are subscribed to the foregoing instrument, and acknowledged to
me that they each executed the same for the purposes aid consideration therein expressed, and the'saki
wife of the rid -
............having been
by me privily s n d from her husb. am' having the same f0iy explained to her,
examined b ivild a. she, the said .
- - acknowledged such Instrument to be her net and deed and
she d0ml5red that she hed willingiy aigned the same for the purposes and t'+;;eideratfon therein expressed, and that sho did
not wish to retract it.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of................................ A.D. 19............
Notary Public . ........................County, Texas
My Commission Expires June 1, 19............
WIFE'S SEPARA''E ACKNOWLEDGMENT
THE, STATE OF TEXAS,
COUNTY OF . . BEFORE ME, the undersigned authority,
In and for said County, Texas, o-i this day personally appeared '
wife of.
known to me to be the person whose name is subscribed to the foregoing instrument, and havmR been examined by roc privily
and npnrt froti her husband, and having the same fully explained to her, she, the sold
acknowledged such Instrument to be her act and doed, and
she declared that site had :Vitliagh• rign-d the for th•: yui i,o;-, uud considuradvr. therein expressed, and that she did
not wish to retract it.
GIVEN UNDER 1IY HAND AND SEAL OF OFFICE,This........... day of IL , A.D. 19. _
(L.S.)
Notary Public . .........................................................County, '.'-xas
a~
My Commission Expires June 1, 19............
^ CLERK'S CERTIFICATE
THE STATE' OF' s s,
COUNTY OF.. . XAS f,_.._ County
Clerk of the Coui'y Cat+lj of d CbuhCy„4I hereby certify that the foregoing instrument of writing dated on the
day , A D. 19 , with its Certillcate of Authentication, was filed for
record in my o(ficcPn th h' dos of - e A. D. 19..... at o'clock
Cth ►i 3 , M., and duly
recur c
this.. da f. " s -A. D. 19........ at o'clock... _ M., In the'
-0 Records of safd County, In Volume on n es,..._ .
WITNESS MY 1IAN Ah~ SEAL i RTjgp TY COURT of said County, at office In
' $the y and ye,,r last above written.
County Clerk.-. .........County, Texas.
By...,_..... Dopnfy.
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' VOL 871 rn6E 804 -
THE STATE OF TEXAS s KNOW ALL, MEN BY THESE PRESENTS:
COUNTY OF DENTON DEED REC~RDS
THAT JOHN B. MORRISON AND WJ7-E ARLEEN MORRISON 1359
Of DENTON COUNTY, TEXAS , in consideration of the sum of
and other good and valuable consideration
in hand paid by City of Denton, Texas, receipt of which is hereby acknowledged, do by
these presents grart, bargain, sell and convey unto to 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 . Situated in Denton County, Texas, in the
Alexander Hill Survey, Abstract No. 623
~i BEGINNING at the northwest corner of said tract; THENCE south 87035'30"
east along the north boundary line of said tract 100.55 feet to a point
for a corner; THENCE south 9037'30" west along the east boundary line of
~i said tract a distance of 16.13 feet to a point for a corner; THENCE north
87035'30" west, 16 feet south of and parallel to the north boundary line
of said tract a distance of 105.84 feet to a point for a corner; THENCE
north 26058'40" east along the west boundary line of said tract a dist-
ance of 17.59 feet to place of beginning and containing 1,651.35 square
feet of land more or less.
i
And It is fuilber agreed that the said City of Denton
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 u~*u said property.
Forthepurposeof constructing, installing, repairing and perpetually main-
taining public utilities in, along, upon and
across said premises, with the right and privilege at all times of the grantee herein, his or its agents,
employees, workmen and representatives having ingress, egress, and regress in, along upon and scross
said premises for the purpose of making additious 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 as aforesaid for
the putpoees aforesaid the premises above described.
Witness their hand , this the / may/ asy of~ D. 1978
.
0 N B. MO RIb N
1 1
VC1 871 we 806
, SINGLE ACKNOWLEDGMENT
THE STATE OF TEXAS, BEFORE NIP, the undersigned authority,
COUNTY OF DENTON
iu on(; for said County, Texas, on this day personally appeared ....John_-_B.,.•_,hforr-ison-_and_w•i fe Arleen
- -
e, • y;;1 PU - _ . - -
~rrladri to n M1rr~o the person S whose names . are subscribed to the foregoing instrument, and acknowledged to me
dat ! t' 'k{;1uted the same for the purposes and consideration therein express d.
v C[V N.L DER b[Y HAND AND SEAL OF OFFICE, This.. f_• a _uary_.--__-- A.D. 19.78
V Notary Public, .......X.f O~~ --.County, Texas
q''• My Commission Expires o, Ir/;v-
-
SINGLE ACKNOWLEDGMENT
THE STATE OF TEXAS, BEFORE ME, the undersigned authority,
COUNTY OF........
in and for sold County, Texas, on this day personally appeared
known to me to be the person ..whose name subscribed to the foregoing instrument, and acknowledged to me
that he executed the same for the purposes and consideration therein expressed.
GIVEN UNDER b1Y HAND AND SEAL 0'? OFFICE, This day of------ , A, D. 19
( L.S.
e Notary Public, County, Texas
Afv rlommiasion Expires June 1, 19
CORPORATION ACKNOWLEDGMENT
THE STATE OF TEXAS, I
I BEFORE AI E, the undersigned authority,
COUNTY OF
in and for said County, Texas, on this day personally appeared _
. known to me to be the. person and officer
whose name is subscribed to the forcroing inshnmcnt and acknowledged to me that the same was the act of the said
a corporation, and that he executed the same rs the act of auch corporation for the purposes and consideration therein
expressed, and in the cnpacity therein stated.
GIVEN UNDER bIY HAND AND SEAL OF OFFICE, This day t A.D. I9
(L.S.)
Notary Public, . County, Texas
My Commission Expires June 1, 19
CLERK'S CERTIFICATE
THE STATE OF TEXASr 1, County
COUNTY OF. _
e
ct o t i6c y ~eg~co do hereby a:rtify that the foregoing instrument of writing dited on the
r t Court ppp!!! Y
'n A. D. 19, with its Certifleate of Authentication, wns rdcd '_or
record in r r e the 0 lad A. D. 19 at _ o'clock M., and duly
t r~_.. day ~.'n A. D. 19... , at o'clock 111., in the
rec..... N A . Lecords of said County, in Volume on pages
SS HA,-Vas A27ifA .C ~F THE COUNTY COURT of said County, at eflice in
. y
4...... ~.y..? _c.. 0............, the day and year lost above written.
Ot R m n County Clerk _ County, Texas.
L. J 3 z g 8q Deputy.
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A
Y~ 871 PAGE 802
THE STATE OF TEXAS, KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON'
THAT LEON M. hiCNATT bEED RECORDS 11 350
Of Denton County, Texas , in consideration, of the sum of
and other good and valuable consideration
in hand paid by City of Denton , Texas, receipt of which is hereby acknowledged, do by
these presents grant, bargain, sell and convey unto to City of Denton, Texas , the free
and uninterrupted use, liberty and privilege of tha passage in, along, upon and across the following
described property,
owned by him . Situated in Denton County, Texas, in the
Alexander Hill Survey, Abstract No. 623
BEGINNING at the northwest corner of said tract, same being the northwest
corner of the John B. Morrison tract;
i THENCE south 87029'30" east along the north boundary line of said tract
a distance of 477.32 feet to a point for a corner same being the north-
east corner of said tract;
THENCE south 01003'50" west along the east boundary line of said tract a
distance of 16.01 feet to a point for a corner;
THENCE north 87029'30" west, 16 feet south of and parallel to the north
boundary line of said tract a distance of 483.28 feet to a point for a
corner;
THENCE north 21041'00" east along the west boundary line of said tract
a distance of 16.94 feet to the place of beginning and containing 7,687.0
square feet of land more or less.
And It Is further agreed that the said City of Denton
in consideration of the benefits above set out, will remove from the rroperty above described, such fences,
buildings and other obstructions as may now be found upon said property.
For the purposeof constructing, installing, repairing and perpetually main-
taining public utilities
in, along, upon and
across said premises, with the right and privilege at all times of the grantee herein, his or Its agents,
employees, workmen and representatives having ingress, egress, and regress in, along upon and across
said premises for the purpose of making additions to, Improvements on and repairs to the said Public
Utilities, or
any part therrof.
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 I It-t- day 4ofanu A. D. MCNAT ,
Fir
SINGLE ACKNOWLEDGMENT
THE. STATE, OF TEXAS, ~r BEFORE ME, the undersigned authority,
COUNTY OF Denton
in and for said (ounty, Texas, on this day personally appeared LeAri-_1Mc tat.t. ................~_~.,~.t.,t_.•__,_~._.__
~i
.
known to me to be the person whose name iS-- subscribed to the foregoing instrument, and acknowledged to me
that he executed the same for the purposes and consideration therein expressed. f)
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This.. 1 S Et. day of._._J&nilcLP~ , A.D. 193,8-
(L.S.)
Notary Public __........D~ tOI]_..._... CLun!• Texas
My Commission Expires • t
SINGLE ACKNOWLEDGMENT
THE STATE OF TEXAS, t BEFORE ME, the undersiy-neO a.'rthority,
COUNTY OF........ f
In and for said County, Texas, on this day personally aopeaced......
known to me to be the person _..whose name subscribed to the foregoing instrument, and acknowledged to me
that he executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This _ day of A.D. 19
Notary Public, _ County, Texas
wiv f mmissfon Expires June 1, 19
CORPORATION ACKNOWLEDGMENT
THE STATE OF TEXAS,
BEFORE D[F., the undersigned euth.rity,
COUNTY OF
i nd for said County, Texas, on this day personally appeared
known to me to be the pe'3on and officer
whosa name is subscribed to the foregoing instro-rent and acknowledged to me that the same was th< aet of the salt]
a corporation, and that he executed the same as the act of such corporation for the purposes and corsideratlon therein
expressed, and in the capacity thercln stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of , A.D. 19 .
(L.S.)
Notary Publics County, Texas
My Commission Expires June 1, 19_.__
e g CLERK'S CERTIFICATE
a
THE STt M IF TE g g L . County
91 9
? .r .
COUNTY 0 ' %L'41
Clerk of the n p~ h ourt of$a` pt du hereby certify that the foregoing Instrument of writing dated en the
ay o C+ 'p y , A. D. 19._ with its Certificate of Authentication, was filed for
record In my fTlce w the m A_WIT14? A. D. 19_ at o'clock M., and duly
recorded th1A. day pt i i'& B "sZ ...._.._A, D. 19 _ at o'clock M., in the
Records of said County, in Volume.. on pages _
WITNES SV~VD A S 11 I,.a COUNTY COURT of said County, at office in
day and year last above written
.......Q....` Will
r g~ .
1 County Clerk.. County, Texas,
(L' By__. Deputy,
i 6
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O
I MARY 1 1 hN ~~L
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V t.~l ~y r~i i W U {r I { 7 W
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• VOL 71 A 03
INSURANCE
® CITY OF DETTJ'ICAd
INSURANCE MINIPM4 REQUIREMM
Without limiting any of the other obligations or liabilities of the Contractor, .
the Contractor shall provide and maintain until the work is completed tnd accepted
by the City of Denton, Owner, minimum insurance coverage as follows:
TYPE OF COVERAGE LIMMPS OF LIABILITY
1. WORROV S OUTENSATION STATUTORY
II. COMEHENSIVE GENERAL LIABILITY
Bodily Injury $10G,000 $300,000
Each person Each person
Property Damage $ 50,000 $100,000
Each accident aggregate
III. O"REHENSVE AUTMBILE LIABILITY
Bodily Injury $1001,000 $300,000
• Each person Each person
Property Damage $100,000
Each accident
A. Tit addition to the insurance described aboveT~J~ontrpctor shall obtain at
his expense an 0 N911S PROTECTIVE LIABILITY y
of Denton as insured with the following 1ini.cs:
Bodily Injury: Property Camage:
$100,000 each person $ 50,000 each accident
$300,000 each accident $100,000 aa;rcgate
Covering the work to be performed by the Contractor for the City of D:nton.
A. The Contractor will furnish the Owner's Protective Policy described above
and execute the Certificate described on the following poge to the City of
Denton for its approval. Insurance must be accepted before commencing any wcil(
under the contract to which this insurance applies.
U' NUMMOUSCOMPAPIRES J
CERTIFICATE OF INSURANCE
Bituminous Casualty Corporation t__J Bituminous Fire and Marine Insurance Company
Insuring Company designated by "E]"
NAME AND ADORESS OF PARTY TO WHOM THIS CERTIFICATE IS ISSUED NAME AND ADDRESS X INSURED
I-
City of Denton Denton Construction Company
Purchasing Agent: John J. Marshall 816 E. Sycamore St.
215 E. McKinney Denton, TX 76201
Denton, TX 76201 J
TYPE OF POLICY POLICY NUMOEA POLICY PERIOD Workmen's Compensation Ins. Stalutor_
LILIIT$ EMPLOYER'S E,r 6-4-77 LIABILITY IN5,
,
A. X Workmen's Compensation Ins. Ewp 6-4-78
X Employer's Liability In, WC536538
TYPE OF POLICY POLICY NUMBER POLICY PERIOD DUAL LIMITS Bodily Injury Uabf Property Damage Lab.
B. ~Ge~nerotLiabilityIns. Ell. 6-4-77 EACH OCCURRENCE 2SLDO
L , Comprehensive General IGA810544 E,p, 6-4-78 AGGREGATE S S
L r^J J Manufacturers' and Contractors SINGLE LIMITS Bodily Injury Liab, and Property Damage Liab.
Owners', Landlords and Tenenti EACH OCCURRENCE S
®R contractual AGGREGATE S
L-J
TYPEE]OF POLICY POLICY NUMBER 11111.11Y PERIOD DUAL LIMITS Bodily Injury List Property T image Liab.
C, Awomobile Llsbility Ins. Ell, 6-4-77 EACH PERSON S ~Un xxxxx
E Comprehensive Auto GAB IC Eap. 6-4-78 EACHOCCWRENCE f n,) ono 250.0
F-] Basic Auto SINGLE LIMIT Bodily injury Liah. erd Property Damag6 Liab.
O EACH OCCURRENCE S M
ADDITIONAL ENTRIES:
LOCATIONi51 Cil JOB(S) COVERED:
With respect to each type of policy, insurance is afforded only if an "X" Is entered In the opposite one or more kinds of Insurance IMreundsr, and
than only for such kinds of Inivrance so de l;n6ted, subject IC all the provisions thareof. This Certificate of Insurance relther affirmatively nor negatlvety
amends, extends or tillers the coverage afforded by the policy or pollcies designated above by policy number or numbers Issued by the Insuring Company.
Dated ( C45 By L(, kA- tot-Intl` LLt {(~"D
authorized representative P IaItlon
P 1201 (614)
'Y
~f
) F'IF'/ y~ ~r r
/1~
•
r
FIDELITY MERICAN INSURANCE COMPANY
DALLAS, TEXAS
' POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the Fidelity American Insurance
Company, a Corporation in the State of Texas, having its principal office in Dallas, State of
Texts, pursuant to the following resolution, adopted by the Board of Directors of the said
f',ompany on the 14th day of February, 1977, to wit:
"The President, or any Vice-President, or other officer designated by the Board
Executive Committee shall have authority, severally, to make execute end deliver a power
of attorney constituting as Atlorney•in-Fact such persons, firms or carporalions as such
officers may select from time to time," does hereby make, constitute and appoint firms or
corporations as such officers may select from time to time," does hereby make, constitute
and appoint
THOMAS HANNA
its true and lawful attorney-in-Fact, wi ` fu;! rr;.er and authority hereby conferred in its
name, place and stead, to sign, execute, acknowiadge and deliver in its behalf, and as its act
and deed, as follows:
Unlimited on behalf of this Company, in its business and in accordance with its charter,
and to bind Fidelity American Insurance Company thereby, and all of the acts of said
Attorney-in Fact, pursuant to these presents, are hereby ratified and confirmed.
IN WITNESS WHEREOF, the Fidelity American Insura- -e Company has caused these
presents to be signed by its President and/or Vice. President, and its Corporate Seal to be
hereto affixed.
F'!DELITY AMERICAN INSURANCE COMPANY
Wm. Richard Bush, V.ce-President
Slate of Texas
ss.
County of Dallas
on this 14tr day of February. 1977, before the subscriber, a Notary Public of the State of
Texas in and for the County of Dallas duty commissioned and qualified, came Wm. Richard
Bush if the Fidelity American Insurance Company, to me personaiiy know to be the
individasl and officer de:;cribed herein, and who executed the preceding Instrument, and
acknowledged the execution of the same, and being by me duly sworn, deposed and sold,
that he Is the officer of said Company aforesaid, and that the seal affixed to the preceding
instrument is the Corporate Seal of said Company, and the said Corporate Seal and
signature as an officer were duly affixed and subscribed to the said instrument by the
authority and direction of the said Corporation, and that the resolution of said Company,
referred to in the preceding instrument, is noA in force.
IN TEST I MONY "'HEREOF, 1 have hereunto set my hand, and affixed my official stal
at Dallas, Texas the day and year above written,
.r+~t Notary Public
^J
~ n ai,u
r Marvin C. Sims
R " NOTARY PUBLIC, State of Texas
Commission Expires June I, 1977
State of Texas
4s.
County of Dallas
CERTIFICATE
1, the undersigned, Secretary of FIDELITY AMERICAN INSURANCE COMPANY a
stock corporation of the State of Texas, DO HEREBY CERTIFY that the foregoing and
attached Power of Attorney and Certificate of Authority remains In full force and has not
been revoked; and furthermore, that the Resolution of the B~.:rd of Directors, as set forth In
the Certificate of Authority, are now In force.
Signed and Sealer) at the said Company, at Dallas, Texas, dated thisAlF.4 day of.JaflllgFY
19 ZR
nau 1.,1 /w/ ~
S. .,1
M S. A. F:II101l, Socrelary
0
FIDELITY AMERICAN INSURANCE COMPANY
DALLAS, TEXAS
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the Fidelity American Insurance
Company, a Corporation in the State of Texas, having its principal office In Dallas, State of
Texas, pursuant to the following resolution, adopttd by the Board of Directors of the said
Corr,pany on the 14th day of February, 1977, to wit:
"The President, or any Vice-President, or other officer designated ay the Boars!
Executive Comr;ittee shall have authority, severally, to mare execute end deliver a power
of attorney constituting as Attorney-in-Fact such persons, firms or corporations as such
officers may select from time w time," does hereby make, constitute and appoint firms or
corporations as such officers may select from time to time," does hereby make, constitute
and appoint
THOMAS HANNA
its true and lawful attorney-in Tact, with full power and authority hereby conferred in its
name, place and stead, to sign, execute, acknowledge and deliver in its behalf, and m its act
and deed, as follows:
Unlimited on behalf or this company, in its business and in accordance with its charter,
and to bind Fidelity American Insuiance Cciipany thereby, and all of the acts of said
Attorney,in-Fact, pursuant to these presents, are hereby ratified and confirmed.
EN WITNESS WHEREOF, the Fidelity American Insurance Company has caused these
presents to be signed by its President and/or Vice President, and its Corporate Seal to be
beret) affixed.
FIDELITY AMERICAN INSURANCE COMPANY
Js
fAM
"'m. Richard Bush, Vice-President
state or,rexas
County of Dallas
On this 14th day of February, 1977, before the subscriber, a Notary Public of the Stale of
Texas in and for the Co- my of Dallas duly commissioned and qualified, came Wm. Richard
Bush of the Fidelity American Insurance Company, to me personally know to be the
individual attd officer described herein, and who executed the preceding instrument, and
acknowledged the execution of the same, and being by me duly sworn, deposed and said,
that he is thf officer or said Company aforesaid, and that the real affixed to the preceding
instrument iu the Corporate Seal of said Company, and the said Corporate Seal and
signature as in officer were duly affixed and subscribed to the said instrument by the
authority and direction of the said Corporation, and that the resolution of said Company,
referred to In t. o preceding insi ru+nent, is now in force.
IN TEST 1 MONY WHEREOF, I have hereunto eat my hand, and affixed my of'iclal seal
it Dallas. Texas the day and year above written.
,x+ Notary Public
ti
~ nam
" Marvin C. Sims
NOTARY PUBLIC, State of Texas
Commission Expires June 1, 1977
State of Texas
a9.
County of Dallas
CERTIFICATE
1, the undersigned, Secretary of FIDELITY AMERICAN INSURANCE COMPANY a
stock corporation of the State of Texas, Dl) HEREBY CERTIFY that the foregoing and
attached Power of Attorney and Certificate of Authority remains In full force and has not
been revoked; and furthermore, that the Resolution of the Board of Directors, as set forth In
the Ceiiiflcate of Authority, are now in force.
Finned uid Sealed A the said Company, at Dallas, Texas, dated this.,...ta.. day of .January
19 757...,,...,.
S. A. Elliott. Sccn•rary
s
w
to Bidders, and the Performance and Payment Bonds, all attached hereto,
and in accordance with the plans, which includes all maps, plats, blue-
prints, and other drawings and printed or written explanatory matter
thereof, and the Specifications therefor, as prepared by
herein entitled the ENGINEER, each of which has been identi-
fied by the CONTRACTOR and the ENGINEER, all of which are made a part
hereof and collectively evidence and constitute the entire contract.
The CONTRACTOR hereby agrees to commence work on or after the
date established for the start of work as set forth in a written notice
to commence work and to substantially complete all work within the time
stated in the Proposal, subject to such extensions of time as are pro-.
vided by the General and Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the
price or prices shown in the Proposal, which forms a part of this Con-
tract, such payments to be subject to the General and Special Conditions
of the Contract.
IN WITNESS WHEREOF, the parties to these presents have executed
this Agreement in the year and day first above written.
ATTEST:
. n--=_~ City of Denton, Texas
art of th First Part, OWNER
By
v John J. Marshall, Purchasing Agent
(SEAL)
ATTEST:
, CI6ln Denton Construction Company
Party of the Second Part, CONTRACTOR
By -5~1 -President
,/Frank Th soon
(SEAL)
-4
it is further agreed that the quantity prices may be increased to cover additional
work ordered by the City of Denton, but not shown on the plans or required by the
specifications, in accordance with the provisions of the General Conditions.
similarly, they may be decreased.to :over deletion of work so ordered, or as
specified in the contract.
It is understood and agreed that the work is to be completed in full within
sixty (60) days.
Accompanying this proposal is a certified or cas:tier's check or Bid Bond,
payable to the City of Denton, in the amount of five (50 percent of the total
bid.
It is understood that the bid security accompanying this proposal s%all be
returned to the bidder, unless in case of the accept?.nce of the proposal, the
bidder shall fail to execute a contract and file a performance bond and payment
bond within fifteen (15) days after its acceptance and shall be considered
as payment for damages due to delay and other inconveniences suffered by the
Owner on account of such failure of the bidder. It is understood that the
Owner reserves the right to reject any and all bids.
The undersigned hereby proposes and agrers to pjrform a,Ll work of whatever nature
requirel, in strict accordance with the plans and spec?.fications, for the
following sum or prices, to wits
PROPOSAL BID FORM
BASE BIDS 6543
ITEM DESCRIPTION AMOUNT OF BID
1 Denis Park 017-01-95-12
One (1) 22 ft. x 24 ft. $1,857.00
pavillion.
2 Evers Park #17-02-95-12 $1,857.00
One (1) 22 ft. x 24 ft.
pavillion.
3 Mack Park #17-04-95-12 $1,857.00
One (1) 22 ft. x 24 ft.
pavillion.
4 North Lake Park 017-05-95-12 $5,313.00
As One (1) 22 ft. x 24 ft.
pavillion.
B, one (1) 40 ft. x 24 ft.
pavillion.
S southridge 017-06-95-12 $1, i+5?.JO
One (1) 22 ft. x 24 ft.
pavillion.
TOTAL PROPOSED BID $12,540.00
Iri the event of the award of this bid contract to the undersigned, the
undersigned will furnish a performance bond and a payment bond for the
full amount of the contract, to secure proper compliance with the terms
and provisions of the contract, and to insure and guarantee the work
until final completion and acceptance, and to guarantee payment of all
lawful claims for labor performed and materials furnished in the ful-
fillment of the bid cLntyact.
It is understood that the work proposed to be done shall be accepted,
when fully completed and finished in accordance with the plans and
specifications, to the satisfaction of the Engineer.
The undersigned certifies that the bid prices contained in this proposal
have been carefully checked and are submitted as correct and fij.al.
Unit and lump-sum prices e,.a shown in words and figures for each item
listed in this proposal, and in the event of a discrepancy, it is under-
stood that the words shall control.
DENTON CONSTRUCTION COMPANY
(contractor)
BYE i •
Fran Thomason
President
(Title)
P.O. Box 1526 (816 12.r Sycamore)
(Street Address)
Seal s Authorization
(if a corporation)
Denton, Texas 76201
(City ar,', State)
(817) 382-6751
(Telephone Number)
PERFORMANCE BOND BOND NO, A-780021
STATE OF TEXAS
COUNTY OF DALLAS
KNOW ALL MEN BY THESE PRESENTS: That
of the City of Denton
nvNTnN rnucTBi'rTi047 G9lQ?A~FY '
County of Denton , and State of Texas
as PRINCIPAL, .',d FIDELITY AMERICAN INSURANCE COMPANY
, as SURELY,
authorized under the laws of the State of Texas to act as surety on bonds
for principals, are held and firmly bound unto the
CITY OF DENTON as OWNER, in the penal sum of
Twelve thousand five hundred forty & no/100 Dollars ($12,540.00 }
for the payment whereof, the said Principal and Surety bind themselves and
their heirs, administrators, executors, successors and assigns, jointly
and severally, by these presents:
WHEREAS, the Principal has entered into'a certain written contract
with.the OWNER, dated the 4th day of January 19 78 , for the con-
struction of
Six (6) Parillions, Bid 18543, P. 0. 1135428
which contract is hereby referred to and made a part hereof as fully and to
the same extent as if copied at length herein.
NOW, TIIEREFORE, the condition of this obligation I, such, that if
the-said Principal shall faithfully perform said Contract and shall in all
respects duly and faithfully observe and perform all and sing gar the cove-
nants, conditions and agreements in and by said contract agreeJ and cove-
nanted by the Principal to be observed and performed, and acco-ding to the
true intent and meaning of said Contract and the Plans and Specifications
hereto annexed, then this obligation shall be void: othenjise to remain
in full force and effect;
PROVIDED, IIOWEVER, that this bond is executed pursuant to the
provisions of Article 5160 of the Revised Civil Statutes of Texas as amended
by acts of the 56th Legislature, Regular Session, 1959, and all liabilities
on this bond shall be determined in accordance with the provisions of said
Article to the same, extent as if it were copied at length herein.
PROVIDED FURTHER, that if any legal action be filed llpon this
bond, venue shall lie in Dallas County, State of Texas.
Surety, for value received, stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the contract, or
to the work performed thereunder, or the plans, specifications, or drawings
accompanying.the same, shall in anywise affect its obligation on this bond,
and it does hereby waive notice of any such change, extension of time, alter-
ation or addition to the terms of the contract, ur to the wor;. to be per-
formcd thereunder.
IN WITNESS WHEREOF, the said 'Principal and Surety have signed and
sealed this instrument this 23rd day of January 19 78
D£NTON CONSTRUCTION COTVANY FIDELITY AMERICAN INSURANCE COMPANY
r nclpa Sure y
ran c mason Thomas Hanna
Title 'prp,;LP„r Title Attorney-in-fact
Addrp.ss,p_O. Box 1525 AddreSS 4347 South Hampton, Suite 230
(816 E. Sycamore) Dallas, Texas 75232
Denton, Texas 76201
(SEAL) (SEAL)
The name and address of the Resident Agent of Surety is:
Fidelity American Insurance Co.
4347 South Hampton, Suite 230, Dallas, Texas 75232
NOTE: Date of Bond must not be prior to date of Contract.
s
.
' PAYMENT BOND
BOND NO. A-780021
STATE OF TEXA$ j
COUNTY OF DALLAS E
KNOW ALL MEN BY THESE PRESENTS: That
DENTON CONSTRUCTION COMPANY , of the City of DENTCN
County of DENTON ; and State of TEXAS
as PRINCIPAL, and FIDELITY AMERICAN INSURANCE COMPANY ,
, as SURETY, authorized under the laws of the State of
Texas to act as surety on bonds for principals, are held and firmly bound
unto the CITY OF DENTON
as OWNER, in the pent SUM Of Twelve thousand five hundred forty & no/100
+ Dollars ($120540.00 ) for the payment whereof,
the said Principal and Surety bind themselves and their heirs, administrators,
executors, successors and assigns, jointly and severally, by Lnese presents.
WHEREAS, the Principal has entered into a certain written contract
with the Owner, dated the 4th day of January 1978 for the construction
of Six (b) Pavillions; Bid #8543, P. 0. #35428
which contract is hereby referred to and made a part hereof as fully and to
the same extent as if copied at length herein
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that
if the said Principal shall pay all claimants supplying labor and material
to him or a subcontractor in the prosecution of the work provided for in
said contract, then this obligation shall be void; othervrise to remain in
full force and effect;
PROVIDED, HOWEVER, that this bon,1 is exccuted pi,rsuant to the
provisions of Article 5160 of the Revised Civil Statutes of Texas as amended
y acts,of the 56th Legislature, Regular Session, 1959, and all liabilities
on this bond shall be dete nfined in accordance with the provisions of ;aid
Article to the sauce extent as if it were copiea at length herein.
PROVIDED FURTHER, that if any legal action be filed upon this
bond, venue shall lie in _Da11a,~ County, State o` T^xaS.
Surety, for value received, stipulates'and agrees that no change,
extension of time, alteration or addition to the terms of the contract, or
to the work performed thereunder, or the plans, specifications or drawings
accompanying the same, shall in anywise affect its obligation on this bond,
and it does hereby waive notice of any Fuch change, extension of time,
alteration or addition to the terms of the contract, or to the work to be
performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed and
sealed this instrument this 23rd day of January 1978
DENTON CONSTRUCTION COMPANY FIDELITY &MERICAN INSURANCE COMPANY
Principal Surety
By By=,
aTY-a-nF T om son Thomas Hanna
Title pr Sid n Title Attorney-in-fact
Address.p.o. Box, 1x26 Address 4347 South Hampton, quite 230
(816 E.' Sycamore) Dallas, Texas 75232
Denton, TeXas 76201
(SEAL) (SEAL)
The nave and address of the Resident Agent of Surety is;
Fidelity me Iran Tnanranre~rn_
4347 South Hampton, Suite 210. Dallas. Texas 75947
Note: Date of Bond must not be prior to date of Co,tract.
• (~pxtt~irttt~ oaf ~n~~tr~nr~ la~/f~
M ^ Iy llHlll
NAME AND ADDRESS
OF INSURED:
RFDD PES" CONTROL
Post Office Box 9886
Jackson, Mississippi 39206
~''C^ERTIFICATE ISSUED TO!
1
City of Denton
Municipal Building
Denton, Texas 76201
L J
THIS 15 TO CERTIFY THAT THE FOLLOWIN'71 POLICY. SUBJECT TO ITS TERMS.
CONDIT7ONE A49 EXCLUSIONS. HAS BEEN ISSUED BY THE COMPANY INDICATED HELOW.
Y NUMBER an,CTIVE tan RATION
LIC
C ATt DATt LIM179 OF L"B!LITV
WORKMEN'S COMiCNSATION STATUTORY
SYPE OF INSURANCE L24~4o
ANI7 3950046505 1/1/78 1/1/79 -
EMPLOYERS' I, IABILITY ;.00,000 E!4f".'URRENCt
COMPR[HEN91V[ GENERAL
IwDILYINJURY) 1CCB39615 1/1178 1!1/79 50,0:10 - EACH000URAENCE
5 00 , 000 llrooucl s
]GO')G,) RACNCCURAENCt
-
9
10O,Z AC GREGATE
COMPREHENSIVE SENKRAL 1CCB396i5 111178 1/1/79 twYRAT16NE
(PAD►L ATr DAMLCK) _ 10~V_70~ AQGP A r
140,00) iROOUCT9 _
100AGGREGATE
CCNTAACTUAL
AUTOMOBILE 1CCB39615 1/1/78 l/l/79 5001000 _'"`"►EA70N
(EODILY INJURT)
500,000 EACH OCCURRGNCE
AUTOMOBILE 1CCB39615 1/1/78 1/1/79
!t EACH OCtuAAENG■
I►AOPINTY DAMAGE) 100,000
*Umbrella 52036(1046 1/l/7b 1/1/79 5,000,000
AT
IN THE EVENT OF CANCEL T OP O A YIL 110 IN THE INSURANCE AS SHOWN HEREI Ii THE ISSUINO
CO.APANY WILL GIVE TEN AYS DVA CE OTi BY ErrLO THE PARTY Y T TO WHOM THIS CER7IFIG TL IS ISSUED AND AT
7H[ ADh RE89 STATED HE- W THE U. C O ^E AS AFORESAID SMALL D[ sUFFICI[N7 PROOr OF NOTLCE.
This certificate of insurance
7SAidE AND ADDRESS neither affirmatively nor neg n-~,
OF COM aANYI United States Fidelity and Guaranty Company
,avely amends, extends or alters
Baltimore, Maryland the coverage afforded by any of
*United States Fire Insurance Company the po c es indicate
Atlanta, Georgia ' IP+TC.
IAUrn Dni EED At NrAnrE)
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CERTIFICATE FOR
ORDINANCE AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO
ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON, TEXAS
THE STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON
We, the undersigned officers of said City, hereby certify ,I
as follows:
1. The City Council of said City convened in
SPECIAL MEETING ON THE 30TH DAY OF JANUARY, 1978,
at the Municipal Building (City Hall), and the roll was called
of the duly constitu=ed officers and members of said City
Council, to-wit:
Brooks Holt, City Secretary Elinor Hughes, Mayor
Bill Nash Dick Stewart
Joe Mitchell Mary Claude Gay
and all of said persons were present, except the following
absentees: ~t,,„CI/ ,
thus constituting a quorum. Whereupon, among other business,
the following was transacted at said Meeting: a written
ORDINANCE AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO
ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON, TEXAS
was duly introduced for the consideration of said City Council
and read in full. It was then duly moved and snonded that
said Ordinance be passed; and, after due discussion, said mo-
tion, carrying with it the passage of said Ordinance, prevail-
ed and carried by the following vote:
AYES: All members of said City Council
shown present above voted "Aye",. A<Q n+~
NOES: ti*P4, -.Y S
2. That a true, full, and correct copy of the aforesaid
Ordinance passed at the Meeting described in the above and fore-
going paragraph is attached to and follows this Certificate;
that said Ordinance has been dul•; recorded in said City Council's
minutes of said Meeting; that the above and foregoing paragraph
is a true, full, and correct excerpt from said City Council's
minutes of said Meeting pertaining to the passage of said Ordi-
nance; that the persons named in the above and foregoing para-
graph are the duly chosen, qualified, and acting officers and
members of said City Council as indicated therein; that each of
the office.-s and members of said City Council was duly and suffi-
ciently notified officially and personally, in advance, of the
time, place, and purpose of the aforesaid Meeting, and that said
Ordinance would be introduced and considered for passage ~:t said
Meeting, and each of said officers and members consented, in ad-
vance, to the holding of said Meeting for such purpose; and that
said Meeting wac open to the public, and public notice of the
time, place, and purpose of said meeting was given, all as re-
quired by Vernon's Ann. Civ. St. Article 6252-17.
3. That the Mayor of said City has approved, and hereby
approves, the aforesaid Ordinance; that the Mayor and the City
Secretary of said City have duly signed said Ordinance; and
that the Mayor and the City Secretary of said City hereby de-
clare that their signing of this Certificate shall constitute
the signing of the attached and following copy of said Ordinance
for all purposes.
SI,QgE AND SEALED the 30th day of January, 1978.
City Secretary Mayor
(SEALi - - - - - . - - - - - - - - - - - - - - - - - - - -
We, the unde)signed, being respectivel a Ci y t rney
and the Bond Attorneys of the City Dent n, Te a , h r y cer-
tify that we prepared and approv as o gali h at ched
and following Ordinance prior to its p ssa _ s a esai
ty Attorney
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-'Bond Attorneys
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ORDINANCE NO. 78-
ORDINANCE AUTHORIZING PUBLICATION OF NOTICE
OF INTENTION TO ISSUE CERTIFICATES OF M.Ll -
GATION OF THE CITY OF DENTON, TEXAS
THE STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON
WHEREAS, it is deemed necessary and advisable that No-
tice of Intention to Issue Certificates of obligation be
given as hereinafter providel.
THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
Section 1. That attached hereto and marked "Exhibit A"
is a form of "NOTICE OF INTENTION TO ISSUE CERTIFICATES OF
OBLIGATION OF THE CITY OF DENTON, TEXAS", the form and sub-
stance of which are hereby adopted and a-)proved.
Section 2. That the City Secretary shall cause said
NOTICE, in substantially the form attached hereto as "Exhibit
A", to be published once a week for two consecutive weeks in
anewspaper of general circulation in the City, the date of
the first publication to be at least fourteen (14) days prior
to the date tentatively set for the passage of the Ordinance
authorizing the issuance of such Certificates of obligation.
"EXHIBIT A"
•
THE STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON
NOTICE OF INTENTION
TO ISSUE CERTIFICATES OF OBLIGATION
OF THE CITY OF DENTON, TEXAS
THE CITY OF DENTON, in Denton County, Texas, hereby
gives notice of intention to issue CITY OF DENTON CERTIFI-
CATES OF OBLIGATION in the maximum principal amount of
$150,000, for the purpose of paying all or a portion of the
City's contractual obligations incurred pursuant to contracts
for off-street parking facilities,to be available to the gen-
eral public, on land owned by the City and now known as
"Williams Square" (formerly "Trade Square"), and paying all
or a portion of the contractual obligations for professional
services of engineering, architects, attorneys, and financial
advisors in connection with such off-street parking facilities
and &Certificates of Obligation. The City proposes to provide
for the payment of such Certificates of obligation from the
levy and collection of ad valorem taxes in the City as provid-
ed by law and from the revenues of the City's combined Water-
works and Sewer System remaining after payment of all operation
and maintenance exuenses thereof, and all debt service, re-
serve, and other requirements in connection with all of the
City's revenue bonds (now or hereafter outstanding) which are
payable from all or any part of the Net Revenues of the City's
combined Waterworks and Sewer System. The City Council of the
City tentatively proposes to authorize the issuance of such
Certificates of Obligation at 7:00 p.m. on February 21, 1978,
in the City Council room at the Municipal Building, Denton,
Texas.
CITY OF DENTON, TEXAS
By Brooks Holt
City Secretary
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NO. -
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS CALL-
ING AND ORDERING AN ELECTION TO BE HELD ON THE 1ST DAY OF APRIL,
1978, THE SAME BEING THE FIRST SATURDAY IN SAID MONTH FOR THE PUR-
POSE OF ELECTING TWO (2) COUNCILPERSONS FOR THE CITY OP DENTON,
TEXAS, IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE II, SECTION
2.01 OF THE CHARTER OF THE CITY OF DENTON, TEXAS; ESTABLISHING
THE HOURS AND PLACE FOR THE SAID ELECTION; PROVIDING FOR PUBLICATION
OF THIS ORDINANCE AND POSTING IN THREE PUBLIC PLACES IN THE CITY OF
DENTON AS NOTICE OF SAID ELECTION; DIRECTING THE CITY SECRETARY TO
MAKE UP THE OFFICIAL BALLOTS, CAUSING THE SAME TO BE PRINTED AND DE-
eJIVERED TO THE PRESIDING OFFICER; PROVIDING FOR THE MAKINj OF
OFFICIAL RETURNS OF THE SAID ELECTION AND DECLARING THE RESULTS OF
SAME BY THE CITY COUNCIL; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, it is necessary that nominations for election to City
Council be filed not later than thirty (30) days prior to the date
of election; now, therefore;
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION I.
That an election shall be held in the senior Citizens Center,
on Bell Avenue, in the City of Denton, Texas, between the hours of
seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M. on the lst
day of April, A.D. 1978, the same being the first Saturday of said
month, for the purpose of electing two (2) Councilpersons for the
City of Denton, in accordance with the provisions of Article II,
Section 2.01 of the Charter of the City of Denton, Texas.
SECTION 11.
(a) That two Councilpersons shall be elected '_o fill two places,
Places four (4) and five (5) and the candidate who receives the major-
ity of the votes cast for each place shall be declared elected to that
place on the City Council of the City of Denton for two (2) year terms.
SECTION III.
That notice of said election shall be given by the posting of
true copies of this ordinance, signed by the Mayor and attested by the
city Secretary, in three public places of the said City",, one of which
places shall be at the Municipal Building, for thirty (30) consecutive
days prior to the date of said election and this ordinance shall be
published in full one time in the Denton Record-Chronicle at least thirty
(30) days prior to said election.
I
SECTION IV.
That- Lee Knox is hereby appointed presiding
judge of said election, and Robert A. Miller -is hereby
appointed as his alternate, and tt.e said presiding judge shall appoint
such assistants as may be necessary to properly conduct said election,
as provided by the election code,
SECTION V.
That the City Secretary shall make up the official ballot from
the names presented to him by application or nominating petitions as
provided by Article III, Section 3.02 and 3.03 of the Charter of the
City of Denton, Texas, and he is hereby authorized and directed to
have the ballots to be used in such election printed and delivered to
the said presiding judge.
SECTION VI,
That immediately after the counting of the votes the presiding
judge shall deliver the official returns of the election to the city
Secretary.
SECTION VII,
That on the Tuesday next following the election, the City Council
shall canvass the returns and declare the results which shall be re-
corded in the Minutes of the Council,
SECTION VIII,
That the candidate who receives the majority of the votes cast
for each place shall be declared elected and the Mayor shall deliver
certificates of election to the successful candidates. If two or
more candidates shall tie with the highest number of votes or if no
candidate receives a majority of tie votes cast for that place, the
Council shall order a second election to be held on the fourteenth day
after the first election at which only the names of the two candidates
who receive the highest number of votes for that place or the candidates
who tied with the highest number of votes at the first election shall be
printed on the ballot. In the event of a tie at the second election, the
tied candidates shall cast lots to determine which one shall e declared
elected to that place,
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PASSED AND APPROVED this the 30th day of January, A.D. 2978•
ELINOR HUGHES, MAYOR
CITY OF DENTON, TEXAS
ATTEST:
BROK9 OLT, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
4AME,V A. BLANTONr ASSISTANT
04-77 ATTORNEY, CITY OF DENTON,
TEXAS
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SALES C014TRACT
THE STATE OF T~XAS X
BY THIS AGREEMENT AND CONTPACT:
COUNTY OF DENTON X
James L. Collier
hereinafter called Seller, acting through the undersigned and duly
authorized Agent, hereby sells and agrees to convey unto the City
of Denton, Texas, a Municipal Corporation, hereinafter called Pur-
chaser, the described property lying and being situated in the City
and County of Denton, State of Texas, and more particularly described
by metes and bounds in Exhibit "A" attached hereto and.made a part
hereof.
i
The purchase price is S4!2= s,AD payable at closing.
Purchaser agrees to furnish a Title Insurance Policy to said
property, which shall be conveyed free and clear of any and all en-
cumbrance,.
If any title objections are made, then the Seller or his Agent
shall have a reasonable time to cure said objections and show good
and marketable title.
Seller agrees when the title objections have been cured, to
deliver a good and sufficient General Warranty Deed properly con-
veying said property to said Purchaser.
Taxes for the current year are to be prorated to the date of
closing.
The purchase of said property is sub;ect tc the approval of
the City Council of the City of Denton, Texas.
Executed in triplicate this the 31& day of ,
A. D. 1971
CITY OF DENTON, TEXAS, SELLER
PURCHASER /
d
n
I BY : ~ I~~¢?Ti~~~c ~
J~ffies L. Collier
NO._ 2?
_
A.'1 ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DENT,N, TEXAF,
CREATING A NEW CHAPPER 16 ENTITLED "FLOOD DAMAGE PREVENTION";
PROVIDING A SEVERABILITY CLAUSE AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the legislature of the State of Texas has delegated
to local governmental units the authority to adopt regulations
designed to minimize flood losses;
WHEREAS, much of the City of Denton is so situated that there
are flood hazard areas which are subject to periodic inur.dati n re-
sulting in loss of life and property, health and safety hazards,
disruption of commerce and governmental services,extraordinary
public ex¢end'.tures for flood protection and relief, and impair-
ment of the tax base all of which adversely affect the public
health, safety and general welfare; and
WHEREAS, such flood losses are caused by the cumulative effect
of obstructions in floodways which increases flood heights and
velocities, and the occupancy of flood hazard areas by uses vulner-
able to floods or hazardous to others inadequately elevated or
otherwise protected from flood damages;
NOW THEREFORE, THE COU!CIL OF THE CITY OF DENTON, TEXAS, HERE-
BY ORDAINS:
That the Code of Ordinances of the City of Denton, Texas, be
and the same is hereby amended by creating a new Chapter 16, Arti-
cle I through Article VIII to he entitled Flood Damage Prevention,
which shall hereafter read as follows:
ART.CLE Ir
SECTION 16.1 - STATEMENT OF PURPOSE
It is the purpose of this ordinance to promote the public health,
safety and general welfare and to minimize public and private losses
due to flood conditions in specific areas by provisions designed to:
Protect human life and health;
(2) Minimize expenditure of public money for costly fluo3
control projects;
(3) Minimize the need for rescue and relief efforts associated
with flooding and generally undertaken at the expense of
the general public;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities such
as water and gas mains, electric, telephone and sewer
lines, streets and bridges located in flood plains;
(6) Help maintain a stable tax base by providing for the
sound use and development of flood-prone areas in such
P manner as to minimize future flood blight areas; and,
(7) Insure the potential buyers are notified that property
is in a flood area.
SECTION 16,2 - METHODS OF REDUCING FLOOD LOSSES
In order to accomplish its purposes, this; ordinance: shall be
applied, administered and enforced as follows:
(1) Restrict or prohibit uses that are dangerous to health,
safety or property in times of flood, or cause excessive
increases in flood heights or velocities;
(i) Require :hat uses vulnerable to floods, including facil-
ities which serve such uscs, be protected against flood
damage at the time of initial construction;
(3) Control the alteration of natural flood plains, stream
channels, and natural protective barriers, which are in-
volved in the accommodation of flood waters;
(4) Control filling, grading, dredging and other development
which may increase flood damage:
(5) Prevent or regulate the construction of flood barriers
which will increase flood hazards to other lands;
(6) No permit shall be issued for the construction, alteration
or improvement of any property within a Floodway or Flood
Plain area, unless the same shall comply with the terms
hereof.
(7) Areas within a Flood Plain, when dedicated to public use
as open space, green belts or parkways, or when permanently
and irrevocably reserved as privately owned space, green-
belts or parkways, shall conform to the city's plan of
development. Stich land may be included in the computation
if open space s gross density requirements of this ordin-
ance,
ARTICLE II,
DEFINITIONS
SECTION 1.6.3
Unless specifically defined below, words or phrases used in
this ordinance shall be Interpreted to give them the meaning they
have in common usage and to give this ordinance its most reasonable
application,
(1) Appeal - Means a request for a review of the City Engineer's
interpretation of any provision of this ordinance or a request for
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a varifnce.
(2) Area of Shallow Flooding - Means a designated AO Zone
on a community's Floed Insurance Race Map (FIRM) with base flood
depths from one to three feet. This condition occurs where a
clearly defined channel does not exist, where the path of flood-
ing is unpredictable and indeterminate, and where velocity flow
may be evident.
(3) Area of Shallow Flooding Hazard - is the land in the
flood plain ;-rithii, a community subject to a one percent or ;neater
change of flooding in any given year.
(4) Base Flood - means the flood having a one percent chance
of being equaled u, exleeded in any given year.
(S) Development - means any man-made change to improved or
unimproved real estate, including but not limited to buildings or
other structures, mining, dredging, filling, grading, paving, exca-
vation or drilling operations,
(6) Encroachment Lines - Limits of obstruction to flood flows,
These lines are generally parallel to the stream. The lines are
established by assuming that the area landward (outside) of tie en-
croachment lines will be ultimately developed in such a way that it
will not be available to convey flood flows. If hydraulic efficiency
of the floodway is maintained by protecting it against unnecessary
encroachments, it will be adequate to convey the regulatory flood
without resulting in an increase in flood elevations of more than
one ( ) foot.
(7) Existing Mobile Home Park or Mobile Home Subdivision -
means a parcel (or contigous parcels) of land divided into two or
more mobile home lots for rent or sale for which the construction
of facilities for servicing the lot o which the mobile home is to
be affixed (including; at a minimum, the installation of utilities,
either final site grading or the pouring of concrete pads, and the
construction of streets) is completed before the effective date of
this ordinance.
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(8) Expansion To An Existing Mobile Home Park or Mobile
Home Subdivision - means the ,,eparation of additional sites by
the construction of facilities for servicing the lots on which
the mobile homes are to be affixed (including the installation
of utilitles, either final site grading or pouring of concrete
pads, r-r the construction of streets).
(9) Flood or Flooding - means a general and temporary con-
dition of partial or complete inundation of normally dry land
areas fron:
(1) The )verflow of inland or tidal waters.
(2) The unusual and rapid accumulation or runoff of surface
waters from any source.
(10) Flood Hazard Boundary Map (FHBM) - means an official map
of a community, issued by the Federal Insurance Administration,
where the areas within thi! boundaries of special flood hazards have
been designated as Zone A.
(11) Flood Insurance Rate Ma FIPM~ - means an cfficial map
of a community, on which the Federal Insurance Administration has
delineated both the areas of special flood hazards and the risk
premium zones applicable to the community.
(12) Flood Insurance Study - is the official report prov.ded
by the Federal Insurance Administration, The report contains flood
profiles, the water surface elevation of the base flood, as well as
the Flood Hazard Boundary-Floodway Hap,
(13) Floodway - means the channel of a stream and adjacent
land areas which are required to carry and discharge the flood water
of flood flows of any river or stream associated with the regulatory
flood with an allowable maximum increase in water surface elevation
above the regulatory flood of one (1) foot. This area is designated
by the symbols FW.
(14) Flood Plain - The area outside the floodway which is still
subject to inundation by the regulatory flood. This area is desig-
nated by FP.
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(15) Habitable Floor - means any floor usable for living
purposes, which includes working, sleeping, eating, cooking, or
recreation, or a combination thereof. A floor used for storage
purposes only is not a "habitable floor".
(16) Mean Sea Level - means the average height of the sea
for all stages of the tide,
(17) Minimu;n Building Elevation - The elevation to which
uses regulated by this ordinance are required to be elevated or
flood proofed. This elevation would be equal to the elevation
that could be reached by the regulatory flood if it occurred under
conditions existing at the time this ordinance was passed, plus
r
one (1) foot to allow for encroachments permitted by the estab-
lishment of floodways; i.e., minimum building elevation equals
regulatory flood elevation plus one (1) foot,
(18) Mobile Home - means a structure, transportable in one
or more sections, which is built on a permanent chassis and de-
signed to be used with or without a permanent foundation when con-
nected to the required utilities. It does not include recreational
vehicles or travel trailers,
(19) New Mobile Home Park or Mobile Home Subdivision - means
a parcel (or contiguous parcels) of land divided into two or more
mobile home lots for rent or sale for which the construction of
facilities for servicing the lot on which the mobile home is to
be affixed (including, at a minimum, the installation of utilities
either final site grading or the puring of concrete pads, and the
construction of streets) is completed on or after the effective
date of this ordinance.
(20) Obstruction - any dam, wall, wharf, embankment, levee,
dike, pi-le, abutment, projection, excavation, channel rectification,
bridge, 4-onduit, culvert, building, wire, fence, rock gravel, refuse,
fill structure or matter in, along, across, of projecting into any
channel, watercourse, or regulatory flood hazard area which may im-
pede, retard, or change the direction of the flow of watmr, either
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in itself or by catching or collecting debris carried by such
water, or that is placed where the flow of water might carry the
same downstream to the damage of life .)r property.
(21) Regulatory Flood - The regulatory flood is a flood
which is representative of large floods known to have occurred
generally in the area and reasonably characteristic of what can
be expected to occur on a particular stream. The regulatory flood
generally has an average frequency in the order of the 100 year re-
currence interval flood determined from an analysis of floods on a
particular stream and other streams in the same general region.
(22) Start of Construction - means the first placement con-
struction of a structure (other than a mobile home) on a site, such
as the pouring of slabs or footings or any work beyond the stage of
excavation. Permanent construction does not include 1Lnd preparation
such as clearing, grading, and filling; nor does it include the in-
stallation of streets and/or walkways; nor does it include excavation
for a basement, footings, piers or foundation3 or the !n=otion of
temporary forms; nor does it include the installation on the property
of accessory buildings, such as garages or sheds not occupied as
dwelling units or not as part of the main structure. For a structure
(otY.,r than a mobile home) without a basement or poured footings,
the 'start of construction" includes the first permanent framing or
assen')ly of the structure or any part thereof on its piling or foun-
dation. For mobile homes not within a mobile home park or mobile
home subdivision, "start of construction" means the affixing of the
mobile home to its permanent site. For mobile homes within mobile
home parks or mobile home subdivisions, "start of construction" is
the date on which the construction of facilities for serving the
site on which ti-) mobile home is to be affixed (inciudl.;g, at a
minimum, the construction of streets, either final site grading or
the pouring of concrete pads, and installation of utilities) is
completed,
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(23) Structure - Anything constructed or erected, on the
ground, or attached to the ground including, but without limiting
the generality of the foregoing: buildings, factories, sheds,
cabins, mobile homes, and other similar items.
(24) Substantial Improvement - Means any repair, recon-
struction, or improvement of a structure, the cost of which equals +
or exceeds 50 percent of the market value of the structure either, J
(1) before the improvement or repair is started, or (2) if the
structure has been damaged and is being restored, before the dam-
age occurred. For the purposes of this definition "substantial
improvement" is considered to oc,.-ar when the first alteration of
any wall, ceiling, floor, or other structural part of the building
commences, whether or not that alteration affects the external
dimensions of the structure. The term does not, however, include
either (1) any project for improvement of a structure to comply
with existing state or local health, sanitary, or safety code
speci6fications which are solely necessary to assure safe living
conditions, or (2) any alteration of a structure listed on the
National Register of Historic Places or a State Inventory of
Historic Places.
(25) Variance - Is a grant of relief to a person from the
requirements of this ordinance when Roecific enforcemelt would re-
sult in unnecessary hardship. A variance, therefore, permits con-
struction, or develop,nent in a manner otherwise prohibited by this
ordinance.
ARTICLE III.
GENERAL PROVISIONS
SECTION 16.4 - LANDS TO W41CH 71115 ORDINANCE APPLIES
This ordinance shall apply to all areas of special flood hazard
within th, jurisdiction of the City of Denton.
SECTION 16.5 - BASIS FOR ESTABLISHING THE AREAS OF SPLCIAL
FLOOD HAZARD
The areas of special flood hazard identified by t;+e Federal
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Insurance Administration on its Flood Hazard Boundary Map (FHBM),
Community No, 48-0194, dated November 1, 1974, and any revisions
thereto are hereby adoptad by reference and declared to be a part
of this ordinance. Also included in this section for reference
shall be the final draft report for the Flood Insurance Rate Map
(FIRM).
SECTION 16.6 - ESTABLISHMENT OF DEVELOPMENT PERMIT
A development Permit shall be required to ensure conformance
with the provisions of this ordinance.
SECTION 16.7 - COMPLIANCE
No structure or land shall hereafter be i)cated, altered, or
have its use changed without full compliance with the terms of
this ordinance and other applicable regulations.
SECTION 16.8 - ABROGATION AND GREATER RESTRICTIONS
This ordinance is not intended to repeal, abrogate, or impair
any existing easements, covenant:, or deed restrictions. However,
where this ordinance and another conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
SECTION 16.9 - INTERPRETATION
In the interpretation and application of this ordinance, all
provisions shall be: (1) considered as minimum requirements; (2)
liberally construed in favor of the governing body; and (3) deemed
neither to limit nor repeal any other powers granted under State
Statutes.
SECTION 16,10 - WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this ordinance is
considered reasonable for regulatory purposes and is based on
scientific and engineering considerations. On rare occasions
greater floods can and will occur and flood heights may be in-
creased by man-made or natural causes. This ordinance does not
imply that land outside the areas of special flood hazards or
uses permitted within such areas will be free from flood.°.ng or
flood damages. This ordinance shall not create liability on the
part of the City of Denton or any officer or employee thereof for
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any flood damages that result from reliance on this ordinance
or any administrative decision lawfully made thereunder.
ARTICLE IV,
ADMINISTRATION
SECTION 16.11 - DESIGNATION OF CITY ENGINEER
The City Engineer is hereby appointed to administer and im-
plement the provisions of this ordinance.
SECTION 16,12 - DUTIES AND %ESPONSIBILITIES OF THE CITY
ENGINEER
Duties and responsibilities of the City Engineer shall include,
but not be limited to, the following;
(1) Maintain anri hold open for public inspection all records
pertaining to the provisions of thiq ordinance;
(2) Review, approve or deny all applications for development
permiLs required by Section 16.6 of this ordinance;
(3) Review permits for proposed development to assure that
all necessary permits have been obtained from th)se Federal, State
or local governmental agencies from which prior a;)proval is required;
(4) Where interpretation is needed as to the exact location of
the bounda-ies of the areas of special flood hazards (for example,
where there appears to be a conflict between a mapped boundary and
actual field conditions) the City Engineer shall make the necessary
interpretation;
(5) Assure that maintenance is provided within the altered
or relocated portion of said watercourse so that the flood carrying
capacity is not diminished;
(6) When base flood elevation data has not been provided in
accordance with Section 16.5, the City Engineer shall obtain, re-
view, and reasonably u+.ilize any base flood elevation data avail-
able from u Federal, State, or other source, in order to administer
i
the provision of Article V.
SECTION 16,13 - ZONING MAP FLOOD AREA DESIGNATIONS
(1) a. The provisions of this sec:ion shall apply to ali
lands within the city irrespective of Zoning Dis-
trict classification,
-9-
b, The flood plain areas within the jurisdiction of
this ordinance are hereby dixided into two dis-
tricts: Floodway Districts (FW) and Floodway
Fringe Districts (FF).
c. There shall be superimposed upon the official zon-
ing map the Flood Plain designation, as determined
by the flood insurance study and report hereinabove
defined.
d. The outer boundary of Floodway Fringe District at
any L:,nt shall ccrrespond to the elevation of a
minimu-v building elevation, less one foot of said
point. Minimum building elevation shall be the
governing factor in locating the outer district
boundary on the zoning map and on the ground. The
inner boundary corresponds to the boundary of the
Floodway district.
e. The boundary of a Floodway District shall correspond
to the Floodway encroachment lines. Boundaries of
a Floodway District shall be determined by scaling
distances on the official zoning map. on the ground
the Floodway encroachment line shall be located by
measuring distances perpendicular from the Floodway
center line.
f. In cases where Floodway encroachment lines have not
been delineated, the area below the minimum building
elevation shall be designated in the Floodway Dis-
trict until said encroachment lines can be determined.
g. Where interpretation is necessary vs to the exact
location of the boundaries of the Flood Plain Dis-
trict as shown on the Official Zoning Map the City
Engineer shall be consulted for guidance and direction
in determining the location in question, Interpretation
beyond this point sh ll be made by the Board of Adjust-
ment after hearing testimony from all interested ^rties,
(2) FLOODWAY DISTRICT USES
No use of land shall be permitted in a Floodway District
unless:
a. The same is permitted within the zoning district in
which it is situated;
b. Such use is not prohibited by any other ordinance;
and
c, The same does not require structures, fill or the
storage of materials or equipment; provided, however,
that the following uses, when otherwise permitted
within the zoning district in which the same are
situated, shall be permitted upon application to tie
City Engineer for a development permit as provided
in Section 16.14 of this ordinance, upon proof of
compliance with this ordinance.
1. Accessory uses or strictures,
2, Circuses, carnivals and similar transient outdoor
amusement enterprises.
-10-
3, Marinas, boat rentals, docks, piers, and wharfs.
4. Railroads, streets, bridges, utility transmission
lines and pipelines.
S. Other uses, similar in nature, which are consistent
with the provisions of this ordinance,
(3) FLOOD FRINGE DISTRICT USES
No use of land shall be permitted in a Flood Fringe Dis-
trict unless:
a. The same is permitted within the zoning district ire
which it is situated;
b. Such use is not prohibited by any other ordinance;
and
C. The same does not require structures, fill or the
storage of materials or equipment; other than the
following uses:
1. Any use permitted in this section,
2. Any other non-structural use, provided that the
same is elevated above the minimum building
elevation and that a determination has first
been made by the City Engineer that such use
will not unduly restrict the capacity of the
charnels or floodway of tributaries to the main
stream, drainage ditches, ar any other drainage
facilities or systems,
3. Structures constructed on fill, provided the
first floor or basement floor is ibove the
minimum building elevation. Such fill shall
be made to an elevation no lower than one (1)
foot below tha regulatory flood protection
elevation for the particular area and shall be
e;~:tended horizontally at such elevation at
least fifteen (15) feet beyond the limits of
any structure or building erected thereon,
4. The following uses and structures shall be
permitted only upon issuance of a Development
Permit by the Board of Adjustment as provided
in the following section, Permit Procedures,
of this ordinance and subject to the following
provisions:
i. Non-residential structures, if adequately
flood-proofed as approved by the City
Engineer to a point above the regulatory
flood prctect.ior elevation,
ii. Uses listed in section 16.15 hereof and
uther similar uses which wili not be sub-
ject tj sub_tantial flood damage and which
wilt !iot cause flood losses on other lands
or to the Public. ,hose msy include uses
which can a readily removed from flood
~asr' areas during the times of flood.
she Board map in the Development Permit
•'1-
allow such uses to be located at an ele-
vation below the regulatory flood pro-
tection elevation.
SECTION 16.14 - PERDlIT PEOC:DURES
(1) Application for a Development Permit shall be presented
to the City Engineer on forms furnished by him and may incl.ule,
but not be limited to, plans in triplicate drawn to scale show-
ing the location, dimensions, and elevation of proposed landscape
alterations, existing and proposed structures, and the location
of the foregoing in relation to areas of special flood hazard.
Additionally, the following information is required.
a, Elevation in relation to mean sea level, of the lowest
floor (including basement) of all proposed structures
as certified by a registered professional engineer or
registered public surveyor;
b. Elevation in relation to mean sea level to which any
non-residential structure shall be flood proofed;
c. A certificate from a registered professional engineer
of architect that the non-residential flood proofed
structure shall meet the flood proofing criteria of
Section 16.17(2);
d. Description of the extent to which any watercourse or
natural drainage will be altered or relocated as a re-
sult of proposed development.
e. Typical valley cross-sections showing the channel of
the stream, elevation of land areas adjoining each side
of the channel, cross-sectional areas to be occupied by
the proposed development and high water information.
f. Plan (surface view) showing elevations or contours of ;
the ground; pertinent structure, fill or storage ele-
vations; size, location and special arrangement of
all proposed and existing structures on the site; lo-
cation and elevations or streets, water supply, sani-
tary facilities, photographs showing existing land uses
and vegetation upstream and downstream, soil types and
other pertinent information.
g. Profile showing the slope of the bottom of the channel
or flow line of the stream.
h. Specifications for building construction and materials
flood proofing, filling, dredging, grading, channel
improvement, storage of materials, water supply, and
sanitary facilities.
(2) Approval or denial of a Development Permit by the City
Engineer shall be based on all of the provisions of this ordinance
and the following relevant factors:
a. The danger to life and Vroperty due to flooding or
erosion damage;
-12.
b. The susceptibility of the proposed facility and its
contents to flood damage and the effect of such dam-
age on the individual owner;
C. The danger that material, may be swept onto other
lands to the injury of others;
d. The compatibility of the proposed use with existing
and anticipated developme;it;
e. The safety of access to the property in times of flood
for ordinary and emergency vehicles;
f. The costs of providing governmental services during
after flood conditions including maintenance and re-
pair of streets ani bridges, -,id public utilities and
facilities such as sewer, gas, electrical, and water
systems.
g. The expected heights, velocity, duration, rate of rise
and sediment transport of the flood waters and the
effects of wave action, if applicable, expected at the
site;
h. The necessity to the facility of a waterfrn:,t location,
where applicable;
i. The availability of alternative locations, not subject
to flooding or erofion damage, for the proposed use;
j. The relationship of the proposed use to the compre-
hensive pian for that area,
SECTION 16.15 - VARIANCE PROCEDURES
(1) The Board of Adjustment as established by the Denton City
Council shall hear and render judgment on requests for variance
from the requirements of this ordinance.
(2) The Board of Adjustment shall hear and render judgment
on an appeal only when it is alledged there is an error in any
requirenent, decision, or determination made by the City Engineer
in the eiiforcement or administration of this ordinance,
(3) Any person or persons aggrieved by the decision of the
Board of :.:;ustment may appeal such decision in the courts of
competent jurisdiction.
(4) The City Engineer shall maintain a record of all actions
involving an appeal and shall report variances to the Federal In-
surance Administration upon request,
(5) Variances may be issued f--•r the reconstruction, rehabili-
tation, jr restoration of structures listed on the National Register
of Historic Places of the State Inventory of Historic Places, with-
.13-
out regard to the procedures set forth in the remainder of this
section,
(6) Generally, variances nay be issued for new construct.„i
and substantial improvements to be erected on a lot of one-half
acre or less in size contiguous to and surrounded by lots with
existing structures constructed below the base flood level, pro-
viding the relevant factors in Section 16,13(3) have been fully
considered. As the lot size increases beyond the one-half acre,
the technical justification required for issuing the variance
increases,
(7) Upon consideration of the factors noted above and the
intent ; of this ordinance, the Board of Adjustment may attach such
conditions to the granting or variances as it deems necessary to
further the purpose and objectives of this ordinance which may
include:
a. Modification of waste disposal and water supply
facilities;
b. Limitations on periods of use and operation;
c. Imposition of operational controls, sureties and
deed restrictions;
d. Requirements for construction of channel modifications,
dikes, levees and other protective measures;
e. Flood proofing measures, as described in the Flood
Section 16.17 (2),
f, No structure (temporary or permanent), fill, including
fill for roads and levees, deposit, obstruction, storage
of materials or equipment, or other uses shall be per-
mitted which, acting alone or in combination with exist-
ing or future uses, unduly effects the efficiency or the
capacity of the floodway or unduly increases flood
heights above the minimum building elevation. Conside-
ration of the effects of a proposed use shall be based
on a reasonable assumption that there will be an equal
degree of encroachment extending for a significant reach
on both sides of the stream,
(8) Variances shall not be issued within any designated flood-
way :lf any increase in flood levels during the base flood discharge
would result,
(9) Prerequisites for Granting Variances
a, Variances shall only be issued upon a determination
that the variance is the minimum necessary, consider-
ing the flood hazard, to afford relief,
-14-
, it i • i , 1
b, Variances shall only be issued upon (1) a showing
of good and sufficient cause, (2) a determination
that failure to grant the variance would result
in exceptional hardship to the applicant, and (3)
a determination that the granting of a variance
will not result in increased flood heights, addi-
tional threats to public safety, extraordinary
public expense, create nuisances, cause fraud on
or vi-timiaation of the public, or conflict with
existing local laws or ordinances,
c. Any applicant to whom a variance is granted shall
be given written notice that the structure will be
permitted to be built with a lowest floor elevation
no more than two (2) feet below the base flood
elevation, and that the cost of flood insurance will
be commensurate with the increased risk resulting
from the reduced lowest floor elevation,
(10) Additional factors for consideratici by the Board shall
be;
a. The danger to life and property due to increased
flood heights or velocities caused by encroachments.
b. The danger that materials may be swept on to other
lands or downstream to the injury of others,
c. The proposed water supply and sanitation systems
and the ability of these systems to pr^vent disease,
contamination and unsanitary conditions,
d. The susceptability of the proposed facility and its
contents to flood damage and the effect of such
damage on the individual owner,
e. The importance of the services provided by the pro-
posed facility to the community,
f. The requirements of the facility for a waterfront
location,
g. The availability of alternative locations not sub-
ject to flooding for the proposed use,
h. The compatibility of the proposed use with existing
development and development anticipated in the fore-
seeable future,
i. The relationship of the proposed use to the compre-
hensive plan and flood plain management program for
the area.
j. The safety of access to the property in times of
flooding or for ordinary emergency vehicles,
k. The expected heights, velocity, duration, rate of
rise and sediment transport of the flood waters
expected it the site.
1, such other factors which are relevant to the pur-
pose of this ordinance.
-Is-
• ARTICLE V.
PROVISIONS FOR FLOOD HAZARD REDUCTION
SEC'iION 16,16 - GENERAL STANDARDS
In all areas of special flood hazards the following provisions
are required:
(1) All new construction and substantial improvements shall
be anchored to prevent flotation, collapse, or lateral movement of
the structure;
(2) All new construction or substantial improvements shall
be constructed by methods and practices that minimize flood damage;
(3) All new construction or substantial improvements shall be
constructed with materials and utility equipment resistant to flood
damage;
(4) All new and replacement water supply systems shall be de-
signed to minimize or eliminate infiltration of flood waters into
the system;
(5) New and replacement sanitary sewage systems shall be de-
signed to minimize or eliminate infiltration or flood waters into
the system and discharges from the systems into flood waters; and,
r6) On-site waste disposal systems shall be located to avoid
impairment to them or contamination from them during flooding.
SECTION 16.17 - SPECIFIC STANDARDS
In al.1 areas of special flood hazards where base flood elevation
data has been provided as set forth in Section 16.5, Section 16.12
(6), or Section 16,18(3) the following provisions are required;
(1) Residential Construction - New construction or substantial
improvement of any residential structure shall have the lowest floor,
including basement, elevated e,,e foot (1) above the base flood ele-
vation. A registereO professional engineer, architect, or land sur-
voyor shall submit a certification to the City Engineer that the
standard of this subsection, as proposed in section 16.14(1)(x), is
satisfied.
(2) Non-residential Construction - New Construction or sub- w
-16-
stantial improvement of any commercial, industrial or other non-
residential structure shall either have the lowest floor, including
basement, elevated to the level of the base flood elevation or, to-
gethsr with attendent utility and sanitary facilities, be flood
proofed so that below the base flood level the structur° is water
tight with walls substant.ally impermeable to the passage of water
and with structural components having the capability of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy. A re-
gistered professional engineer or architect shall submit a certi-
fication to the City Engineer that the standards of this subsection
as proposed in Section 16.14(1)(c), are satisfied.
(3) Mobile Homes
a. No mobile homes shall be placed in a floodway, or if
applicable, a coastal high hazard area, except in an existing mobile
home park or existing mobile home subdivision,
b, All mobile homes shall be anchored to resist flotation,
collapse, or lateral movement. Specific requirements shall be;
(i) over-the-top ties at each of the four corners of the
mobile home, with two additional ties per side at
intermediate locations and mobile homes less than
50 feet long requiring one additional tie per side;
(ii) frame ties at each corner of the home with five 1
additional ties per side at intermediate points and
mobile homes less than 50 feet long requiring four
additional ties per side;
(iii) all components of the anchoring system be capable
of carrying a force of 4,800 pounds;
(iv) any additions to the mobile home be similarly
anchored,
c. For new mobile home parks and subdivisions; for ex-
pansions to existing mobile home parks and subdivisions; for exist-
ing mobile home parks and subdivisions where the repair, recon-
struction or improvement of the streets, utilities and pads equals
or exceeds 50 percent of value of the streets, utilities and pads
before the repair, reconstruction or improvement has commenced;
and for mobile homes not placed in a mobile home park or subdivision
-17-
require:
•
(1) stands or lots are elevated on compacted fill
or on pilings so that the lowest floor of the
mobile home will be at or above the base flood
level. A registered professional engineer,
architect, or land surveyor shall submit a
certificate to the City Engineer that the stan-
dard of this paragraph complies with Section
16.17(1) of this Article.
(ii) adequate surface drainage and access for a
hauler are provided; and
(iii) in the instance of elevation :)n pilings: (1)
lots are large enough to permit steps, (2)
piling foundations are placed in stable soil
no more than ten feet apart, and (3) rein-
forcement is provided for pilings more than
six feet above the ground level.
(4) Floodways
Floodways located within areas of special flood hazard
established in Section 16.5 are areas designated as floodways.
Since the floodway is an extremely hazardous area due to the veloc-
ity of flood waters which carry debris, potential projectiles and
erosion potential, the following provisions shall apply:
a. Encroachments are prohibited, including fill, new con-
struction, substantial improvements and other developments unless
certification by a professional registered engineer or architect is
provided demonstrating that encroachments shall not result in any
increase in flood levels during occurence of the base flood discharge.
b. If Section 16.17 (4)(a) above is satisfied, all new
construction and substantial improvements shall comply with all
applicable flood hazard reduction provisions of Article S.
c. Prohibit the placement of any mobile homos, except in
an existing, mobile home park or subdivision.
SECTION 16.18 - STANDARDS FOR SUBDIVISION PROPOSALS
(1) All subdivision proposals shall be consistent with Section
16.2, 16.3 and 16.4 of this ordinance.
(2) All proposals for the development of subdivisions shall
meet Development Permit requirements of section 16.6, Section 16.14
and the provisions of Article 5 of this ordinance.
(3) Base flood elevation data shall be generated for subdivi-
sion proposals and other proposed development which is greater than
-18-
the lesser of 20 lots or 3 acres, if not otherwise provided pur-
suant to Section 16.5, or Section 16,12(6) of this ordinance.
(4) All subdivision proposals shall have adequate drainage
provided to reduce exposure to flood hazards or as outlined in
the storm sewer ordinance of the City of Denton.
(5) All subdivision proposals shall have public utilities
and facilities such as sewer, gas, electrical and water systems
located and constructed to minimize flood damage.
(6) The final plat for a subdivision shall have the base
flood contour line, the floodway contour line and the proposed
limit of fill contour line shown for the record.
SECTION 16,19 - STANDARDS FOR AREAS OF SHALLOW FLOODING
(AO ZONES)
Located within the areas of special flood hazard established
in Section 16,5 are areas designated as shallow flooding. These
areas have special flood hazards associated with base flood depths
of 1 to 3 feet where a clearly defined channel does not exist and
where the path of flooding is unpredictable and indeterminate;
therefore, the following provisions apply:
(1) All new construction and substantial improvements of
residential structures shall have the lowest floor, including
bas:nent, elevated above the crown of the nearest street to or
above the depth number specified on the community's FIRM,
(2) All new construction and substantial improvements of
non-residential structures shall:
(i) Have the lowest floor, including basement, ele-
vated above the crown of the nearest street or
above the depth number specified on the FIRM; or
(ii) Together with attendant utility and sanitary
facilities be completely flood proofed to or about
that level so that any space below that level is
water tight with walls substantially, impermeable
to the passage of water and with structural com-
ponents having the capability of resisting hydro-
static and hydrodynamic loads and effects of
buoyancy,
(3) A registered professional engineer or architect shall
submit a certification to the City Engineer that the standards of
-19-
this Section, as proposed in Section 16,13(1)(a), are satisfied.
ARTICLE VI,
This ordinance shall be made cumulative of other ordinances
of the City relating to flood hazards, ..,icluding but not limited
to the Flood Hazard Ordinance of the City,
ARTICLE VII,
Any person violating the provision of this Ordinance or the
amendment to the Code of Ordinances hereby made, shall be deemed
guilty of a misdemeanor and shall be punished by a fine not ex-
ceeding $100,00 as provided in Section 1-5 "General Provisions
Chapter, Code of Ordinances, which Chapter is adopted by refer-
ence and made a part hereof.
ARTICLE VIII,
The fact that the present Flood Plain regulations are in-
adequate to properly safeguard the general public walfare, health,
peace and safety, creates an urgency and an emergency, and requires
that this ordinance become effective immediately upon itF passage,
and it is accordingly so ordained,
PASSED and APPROVED this the day of - h!•r1~._,
A, D. 19, ~7h
ELINRfK HULiT ,fE~AIVOR i
CITY OF DENTON, TEXAS
ATTEST:
cell
OKS , G'1 i i'-5'E'C ETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGA FO
CTT"TTORNEY
I OF DENTON, TEXAS
.2V.
.
s
r•
s
a
J
AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON,
TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 3RD
DAY OF JANUARY, A. D. 1978.
R E S O L U T I O N
WHEREAS, the City of Denton heretofore released and quit-
claimed a certain easement more particularly described in said
Quit-Claim Deed recorded in Volume 700, Page 2S2, of the Deed
Records of Denton County, Texas; and
WHEREAS, a plat of said area and of said easement, same
being a sanitary sewer easement, was recorded in Volume 6, Page
41 of the Plat Records of Denton County, Texas, on or about
December 31, 1970; and
WHEREAS, the quit-claim of said easement does not suffi-
ciently identify said easement as being one in the same as the
easement indicated on the plat; and
WHEREAS, the City of Denton agrees that said Quit-Claim
Deed was intended to release and abandon all easements in con-
nection with said property and does consent and agree that said
Quit-Claim Deed was intended to relase and abandon the sanitary
sewer easement platted across Block 3 of Heritage Oaks, an Addi-
tion to the City of Denton, as shown by Plat recorded in Volume
6, Page 41 of the Plat Records of Denton County, Texas; and
WHEREAS, to clarify said Quit-Claim Deed, the City of
Denton hereby agrees that they are claiming no easements by virtue
of the Plat recorded in Volume 6, Page 41 of the Plat Records of
Denton County, Texas, on or across Block 3 of Heritage Oaks, an
Addition to the City of Denton.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DENTON, TEXAS:
r
That the City of Denton agrees and consents that the Quit-
Claim Deed above referred to was intended and did quit-claim and
abandon all easements across the above described tract of land,
and said City does not make any claim to any easements across
Block 3 of Heritage Oaks, an Addition to the City of Denton by
virtue of that certain plat of said area recorded in Volume 6,
Page 41 of the Plat Records of Denton County, Texas,
PASSED AND APPROVED this the 3rd day of January, A. D.
1975.
CITY OF DENTON, TEXAS
ATTEST:
/t
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FO
J~W-A. BM T , ASSISTANT CM
A RNEY, CITY OF DENTON, TEXAS
i
~Yal 700 i ~cc 252
QUIT CLAIM DEED '
. 4T81
THE STATE OF TEXAS X ,
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON X
'ihat the City of Denton, Texas, a Municipal Corporation
of the County.of Denton and_Stata..af.TexaS, for and in conside-
ration of the sum of Ten`arid No/100 ($10.00) Dollars and other
good and valuable consideration to it in hand paid by Amoo Pro-
pertie.s of the County of Denton and State of Texas, the receipt
of which is hereby acknowledged, do, by these presents, BARGAIN,
SELL, RELEASE AND FOREVER QUIT CLAIM unto the said Amco Pro-
perties their successors and assigns all its other right, title
and interest in and to that certain tract or parcel of land ly-
ing in the City and County of Denton, and State of Texas, des-
cribed as follows, to-wit:.
FIRST TRACT
All that certain lot, tract or parcel of land lying and being
situated in the City and County,of Denton, State of Texas, and
being part of the N. 11. Meisenheimer Survey, Abstract No. 8110
and being part of Block 4 of Heritage Oaks an additiun to the
City of Denton, and also being all of a tract of land as con-
veyed from Mrs. B. K. Richardson to the City of DenLon, Texas
by document dated July 25, 1938 and recorded in Volume 270,
Rage 625 of the Deed Records of Denton County, Texas and more
particularly described as follows:
BEGINNING, at a point in the east boundary line of said Block 41
lioritaye Oaks, same being the east boundary line of said Meisen-
heimer Survey, said point of beginning being 310 feet south of
the northeast coi:er of said Meisenheimer Survey;
THENCE in a northwest direction, a distance of 628 feet, more
or loss, to a point in the'north boundary lino of said Meisen-
heimer Survey, said point being 543 feet west of the northeast
corner of said Meisenheimer Survey.
SECOND TRACT
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 B.B.S. & C.R.R. Company Survey, Abstract No.
186 and being part of Block 4 of Heritage Oaks an addition to
the City of Denton, and also being part of a tract of land as
conveyed from T: A. Browning and wife, Jessie May Browning to
the City of Denton, Texas, by document dated July 25, 1938 and
rclporded in Volume. 270., Page_ 621 of the. Deed FRocortls, of Denton
Cuunty, Texas and more particularly described as follows:
BEGINNING at a point in the south boundary line of said D.B.B.
& C.R.R. Company Survey, same being the north boundary line of
tho td. If. Meisenheimer Survey, Abstract No. 811, said point of
beginning being 543 feet west of the southeast corner of said
B.B.B. & C.R.R, Company survey, said being the northeast corner
of said Meisenheimer Survey)
THENCE in a northwest direction, a distance of 480 feet, more
or leas, to a point, said point being 142 feet south 10 08' west
and 11 feet south 890 32' east from the northwest corner of
Block 4, Heritage Oaks.
r
'Xrt...~lJ , ( ..4711C
wJ:~ 700 ixc 253
remises, together with all
TO, HAVE AND TO HOLD the said p appurtenances thereto '
and sir:gular the rights, privileges and erties their
in any manner belonging unto the said AmCO Prop
, forever, so that neither the said City
successors and assigz.s have, claim or de-
of Denton, nor its successors, nor a any afte perrs,on or persons claim-
ing under it shall, at any time heX ses or appurten-
mand any right or title to titre aforesaid prom'
antes, or any part thereof.
WI1'NF;ss our hand,, at,Denton, Texas, this the 19th day of
:larch, A. D. 1974.
CITY OF DENTON, TEXAS
BY@
M, ~ -
ffEUF MAYOR
S
ATTEST:
g00~i JioLT, CITY SECRETARY
A
THE STATE OF TEXAS X
CO[RITY OF DENTON X in and for said
BEFORE MEP the undersigned authority, rjayor
County, Texas, on this day personally appeared Sill Neu,
to
of the City of Denton, Texas, known me to be the person and
officer whose namo is subscribed to tho foregoing instrument I t of tile City
the ac
and acknowledged to me that the same was Municipal Corporation,
Council of the City of Denton, Texas,
and that he Lxecuted the andecasItderationitherein expressed#
Council for the purposes
and in the capacity therein Stated.
t GIVEN UNDER MY HAND AND SEAL OF OFFICE, This the 19th
day of March, A. D. 1974.
ANT) FOR
tr`L• . NOTAR PIJLI,IC 1N
• G,'' pENT . COUNTY, TEXAS
r k / ,n
'~otymisiosi`eXPires July 1, 1975.
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