Loading...
HomeMy WebLinkAbout01-1979 :TANQF►R11 1999 ! Y h 4 aof . dr.a' ♦fw >A I. 11~ •1 J1 kl..SNF#V~1 i.~. r .1' • RMDf2OUG11 & LlYflilE WC COMPANIES AiF HDING CO'41RAGES iPA'JY P.O. D(}X TRAVELCRS IIIDEIIIIITY Col 107 W. RUSi( STREET A OF N1007" ISL111JD,- :IACSiJA1_LIF TX 7.r,70 g IIIC & LEWIS C CHARLES C (1OIIEIJ WDIVIDUAL U P.O. Si 2JIY0.) UALLns, TX 7522 E i 14 I rr TiISI lii Jrl f y tr i l I~i..if it ,r.,,1 l,.11. 1 l1 I11fIi..'r,Iarnm'r,.l nhVVoIwI I c I n f. rt c a t tl 11 s tr nr U Ins o Liability in Th ousan sf000, 1 d 1-1[ %A I 4 am r GENERAL L1A61l S Y Ir.. PQ v IN up, S , CO0 1 500 F};I ~ 111., I Cr s!. c n IXi ~EI,o7-A-7 1 1_00 0 ;o 50 0 III fyl ` l 1 i,IX) ` I A IJ10Apl+If.E LIABiLl1y i t 250 IX EE 1ISn ; t 500 51,3E ,Ou-1-7~ 1-I-u0 X 100 !IX' EzCESS IIABII IIY' r If I 1r V n r.r j r d 1 S S of i. ii' .In ` .r I' --.I~ and EEE UU 543EG03-2-79 i-1 -v0 _ "or, Iw EMPLOYERS' LIABILITY ON 00 OTHER I Too I I uFSCPIPSIUN OF 0I FP>•T1UNq'In Ali( Ny VP Ills l F9 Cancellation: Should an of lira at J,r ~r~r~t pnlir r be ca•1(ellgd before the r,pira ron d Or lhareot, the issuing com- pang will endeavor to ui::i days v'ntl(n nol,ce to U,e belo.' named certificate holds r, but failure to mail such notice shall Impose no oI IIe,I+w)n or laehdrty rf any kmd upor the company. NAMF,NOU ;P riFn0114,Aft o „IFP 1 11-71,PC CITY OF DEVON DEPARTHEOT OF PUDL I C IFORKS OEIITO it TEXAS 76201 nVUiOP7rU PCF Pr S[Ntfllvl N~rPO ,'S 111 11 '71 \~G r~ i• \ A, 1 ~rf L II I I PART'(CIPATlON AGRUENINNf T111: ST'AT'I? 01: TEXAS KNOW ALL MB BY THESE PRESENTS: COUNTY OF D1:NT'ON I THAT WHERFAS, FIRST TEXAS SAVINGS ASSOCIATION OF FORT WORTH is 1110 deve lopcr of certain property shown on the at taclhed plat, which plat is incorporated herein as if set forth in full, in the City of Denton. Denton County, Texas, and desires to serve such property with offsite sanitary sewer facilities; and W111:111:AS, the City of .,enton desires that such off§ite sanitary sewer facilities be oversized ar.d the City will participate in the additional cost of the oversized facilities pursuant to the provisions of Section 25-74 of the k:ode of Ordinances of t'c City of Denton, Texas; NOW '1111:1MFORE, THIS AGRUMENT, made this the ind day of January, A. 1). 1479, by and between FIRST TEXAS SAVINGS ASSOCIATION 01' 17OFT WORTH, hereinafter called "Developer", and the City of Denton, Texas, a Home Rule Municipal Corporation of the State of Texas, hereinafter called "City"; WI TNESSUT11: 1. The Developer will instal;, by contract or otherwise, sanitary sewer lines and appurtenances to serve the property described on the attached plat in accordance with all City of Denton ordinances, rules, regulations, policies and procedures. Thy said sanitary sewer facilities shall be located as shown on the attach,,^.d maps which are made a part hereof for all intents and purposes. 2. The City's share of the estimated cost of said sanitary sewer facilities is $22,214.72. Upon completion of construction and acceptance by the City of said sanitary sewer facilities, the actual cost of the City's participation in said facilities shall be determined and certified to by the Director of Utilities and his certificate setting out the City's cost of said facilities shall be attached hereto and made a part hereof. 1 3. The City shill pay for its share of the facilities within thirty (30) days from the date of acceptance of the facilities, or undar such terms and conditions that are mutually acceptable to 1 the parties. 4. Title to said sanitary sewer facilities is hereby aael shall at all times be vested in the City. S. lice Developer shall and does hereby agree to indemnify and hold harmles_; the City ft-ow any ::nd all d:unnl,cs, love, or linbility of any kin,l, whatsoever, by reason of injury to property or third person occasioned by any act or omission, neglect or wrongdoing, of Developer, its officers, ngents, employees, I invitees, contractors or other persons with regard to the performanc(; of this contract, and Developer will, at its own cost and expense, defend and protect against any and all such claims and demands. IN WITNESS WHEREOF, this instrument is executed in triplicate originals this 2nd dry of January, A. 1). 1979. CITY OF DENTON, TEXAS By: , A'I' r'ri ST ' Bl oohs Holt, J1,ity Secretary City of Denton, Texas 9 FIRST TEXAS SAVINGS ASSOCIATION OF FORT WORTH By Jo Qgur - 3 cf~~ Epps' PreVrVnt ATTEST: a onna ur or ss stan+ Secretary • I • r 1 NO. 79" S AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 10.6 ACRES OF LAND LYING AND BE- ING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING IN THE D.D. CULP SURVEY, ABSTRACT NO. 287, DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS SING],E-FAMILYISF-7" DISTRICT PROPERTY; AND DECLARING AN sFFECTIVE DATE. WHEREAS, the request for annexation was introduced at a re- gular meeting of the City Council of the City of Denton, Texas, on the petition of First Texas Savings Association- and WHEREAS, a) opportunity was afforded, at a public: hearinr held for that purpose on November 7, 1978 for all interested per- sons to state their views and present evidence bearing upon the annexation provided by this ordinance; and WHEREAS, this ordinance has been published in full at leaec one time in the official newspaper of the City of Denton, Texasf prior to its effective date, and after the public hearings; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That the hereinafter described tract of land be, and the same is hereby annexed to the City of Denton, Texas, and the same is made hereby a part of said City and the land and the present and future inhabitants thereof shall ba entitled to all the rights and privileges of other citizens of said City and shall be bound by the acts and ordinances of said City now in effect or which may hereafter be enacted and the property situated therein shall be su.bjec t to and shall bear its pro-rata part of the taxes levied by than City. The tract of land hereby annexed is described as follows, to-wits All that certain lot, tract or parcel of land situated in the D.D, Culp Survey, Abstract No. 287, City and County of Denton, Texas, being part of that tract described in deed from Jane Houston Seweil to Kingston Tract Joint Venture as recorded in Volume 6560 Page 645 of the Dent.)n County DeF:d Records; said tract being more particularly described by mites and 'sounds as follows: BEGINNING at a 2 inch iron pipe for the southeast corner of this tract and the Kingston Trace Joint Venture Tract; I THENCE north 870 30' west 620 fee:., more or less, with the south line of the Kingston Trace Joint Venture Tract to the southeast corner of that tract described in City of Denton Annexation Ordin- ance 73-3; THENCE north 000 09' east 970 feet, more or less, with city limits line to a point ir. the centerline of Kings Row; THENCE south 870 26' east 155 feet, more or less, with said center line to a point; THENCE in a southerly direction 50 feet, more or less, to a point in the south right of way line of proposed Loop 288; THENCE in a southeasterly direction with a curve to the right in said r,.roposed south right of way line a chord distance of 245 feet, more or less, to a point of tangency of said curve; THENCE southeasterly 418 feet, more or less, to a point in the west line of said Kingston Tract Joint Venture Tract; THENCE f;oath 110 34' west 565 feet, more or less, with said west line to the place ui beginning, containing approximately 10.6 acres of land, more or less. SECTION II. The above described property is hereby classified as Single- Family "SF-7" District and shall so appear on the official zoning map of the City of Denton, which map is hereby amended accordingly. SI. 10N III. This ordinance shall be effective immediately upon its passage. PASSED AND APPROVED this the 423 day of 'ieAytt , 1978. MITCHELL, MAYOR (efTY OF DENTON, TEXAS ATTEST, - ;e :;;'~14165 A -'C~ B OLT, CITY S RETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMS 1 PAUL C. ISHAMj CITY ATTORNEY CITY OF DENI.ON, TEXAS FIRST TEXAF: SAVINGS ASJOCIATION - ANNEXATION - PAGE TWO 1 \ YJ ~ ~i . If Lj) 4 `.C- tm--4vTT rr,xie_ nrrn_ - - -r_ _WAInIW afayourtoe., fwnu_=` THE STATE Or TEXAS, l 1 ";R uenton J KNOW ALL MEN BY THESE PRESENTS: i i COUNTY 01 , DEED h'tiGbi,jcs That the City of Denton, Texa: of the County of Denton End State of Texa s , for and in consideration of j the sum of --------------------------------------------------------`2-541 ------~IE71 DOLLARS (510.00)------------------- to, hin' in hand paid by the City of Denton, Texas of the County of Denton and State of Texas , the receipt of which 1i 31 hereby acknoa;ledged, do, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER QUIT CLAIM unto the said W.D. Gaston his heirs ,end assigns, all its right title and interest in and to that certain tract or par. eel cf land lying in the County of Denton and State of Texas, described as follows, 1, ~I to-wit: L11 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 E. Puchalski survey, Abst'' No. 996, and being part of the Wattam Addition an additlcn to the Clty/County of Denton, as recorded in Volume 86, Page 526 of the Deed Records of Denton County, Texas, and more particularl,, (luscribed as follows: COL'tENCING at the intersection of the south right-of- way line of Eagle Drive and the east right-of-way cf Beatty Street; THENCE south, along the east right-of-way line of Beatty Street, a distance of 150.0 feet to the place of beginning, same being the northwest corner of a tract of land as conveved from Joe Gbmbill' Jr. to W.D. Gaston by deed dated May 6, 1940 and recorded in Volume 282, Page 600 of tine Deed Records of Denton County, Texas; THENCE south, along, the east right-of-way line of Beatty Street, same being the west boundary line of said Gaston tract, a.distance of 51.0 Ilj feet to a point for a corner, same being the southwest corner of said Gaston Tract; I THENCE west a distance of 20.0 feet to a point for a coiner; THENCE north, 20.0 feet west of and Parallel with the east rioht-of-way line of Bcntty Street. ? distance of 51.0 feet .j„ to a point for a corner; THENCE east a distance of 20.0 feet to the place of beginning anA containing 1020.0 s;uare feet of land, more or less. Provided, that the above de- jj scribed tract is hereby vacated and abandoned only in so for as any right, title or in- terest may be vested in ttie public as a public street, but it is expressly made a part of this deed that a utility easement is expressly retained by the City of Denton the same as 1 if an easement were granted therefore to the City of Denton by the owner thereof with all rights of ingress, egress and regress in, along, upon and across same retained by the City of Denton until such user Pherein are abandoned by seperate action. 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 City of Denton, Texas, its ruccenrorn ?9t t and assigns, forever, so that neither the said City of Denton, its successora nor ttetmm any person or persons claiming under it. shall, at any time hereafter, have, claim or demand any right or title to the aforesall premises or appurtenances, or any part there-' ~iWMESS my hand at Denton, Texas this the 14t-tia Al A. D.19 ~ J~A* day of G .4 Witnesses at Request at Grantor I ity-sf ne con Texns AttvAti- , $ltf)nK$ IIOLl', CITY Sf,Ck1:fARY / Sh MI fCIIISLL, MAW 934, cAcE 66" a.r.~rr~nr►►ra,r.aruva•--~•--- ~ .rv~.~...~..a.+w~.e.~rsa..aaarr.a.a Wer=r...si ~..orr~.u.e++-»..~ SINGLE: WHNOWLEDWIFNT KE5010 THE STATE OF TEXAS, 1 VOL COUNTY OF DEN ['ON J BEFORE 91E, the undorsitimed authority, in and for said County, Texas, on this day personally appeared. . known t: 7- to he the pe•eon whose name subscribed to the foregoing instrument, and acknowledged to me that he. executed the same for the purposes and consideration therein expressed. Ct%FN UNDER MY HAND AND SEAL OF OFFICE, This . day of . , A.P. 19........... ( L.S.) Notary Public, .....County, Texas , My Commission Expires June 1, 19..... SINGLE ACKNONLEDCAENT THE STATE OF TEXAS, l f BEFORE ME, the undersigned authority, COUNTY OF...................._...._............ . in and for said County, Texas, on this day personally appeared ;mown to the to be the person whose name subscribed to the foregoing Instrument, and acknowledged to me that be executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY NAND AND SEAL. OF OFFICE, This day of,.__....._...... A.D. 19 (L.S.) _ 1.otary Public, County, Texas I 'sly Commission E:.pires June 1, 19 _ CORPORATION .iC};NOWLEDGAIENT THE STATE OF TEXAS, BEFORE ME, the underal,med authority', COUNTY OF.- DENTON_ ......_.I ' In and for sold County, Texas, on this day personally appeared.__.I4.e_11itcheII ..Mayo,t.}fQIf.PL}e-_C1ty...Q,f known tome to be~t}e,yerson and officer Dentonr_ Texas....._........,..,._.......-...._._ - - - to whose name Is subscribed to the foregoing instrument and acknowledged to me that the game/a as the act of the said City.. of . Denton,_.Texas_ ........1_-.....-_.~_, a corporation, and that he executed the same as the act of such corporation for the Durposea and consideration thereto expressed, and In the capacity therein stated. GIVEN UNDER MY HAND AND SEAL. OF OFFICE, This.. L`fu day of:... !tom ,,A.D. 19. f Notary Public, Texas _ My Commission Expires Jnne 1r}9._ ' 9,9 CLERK'S CERTIFICATE THE STATE OF TEXAS, L County ' COUNTY OF..... SPATE F ?EXAM Clerk of the County Court of said County, zere y certify 44f1Tf IOFEbk[pt(ing Instrument of writing dated on'the IJ' Coun Wits Certificate of Authentication, was filed for da of $dC ClE((,'R, 9~0 y ..,l hveby cer,ily L4(},~i, fr:.rumr,rf %as fit~~QQ y~Ihs record in my office on the daydOtk. ° d,t'me_;1a7 pcd l cwn by r e ef~ n7i tto"fy r» at o'clock M., and duly rardcd in the veto+n e d p r i recorded t:ria. day of- . . of llertaoCorr.C.: .,vA:dDo 1Qls at _ o'clock. M., In tht . T TRgcotds,of;sai, Gcount6,% Volume.............. , on pages....................... WITNESS MY HAND AND SEAL QP-JTHE COUNTY COURT of Bald County, at office in.._. I the day and year last~abyre Writterv. County Clerk. _ County, Teras. rr. ,.i . i... , . y Deputy. (if 9 j Lb:il r faro, 111y n CcLnl k t. ~ ~ ~ ~ A x,11! 2 I j 6 J 04 zi c~ tSr lI t o t a+ V A h1 i 1 f~q It V - C-11F Vrr h,AIM - Y.'.RTrwauden~ COTHE uNTSI T01 ADENTOor TEXAS, I KNOW ALL MEN BY THESE PRESENTS: AE1F.D qCOf2M 'T'hat the City of Denton, Texas of the County of Denton ant State of Texas , for and in consideration of the sum of 25:0 ---------TEN DOLLATC ($10.00) i to her in hand paid by the City of Denton, Texas of the County of Denton and State of T-tAas ! the receipt of which le hereby acknowledged, do, by these presents, BARCAIN, SELL, RELEASE, AND FOREVER QUIT CLAIRE unto the said Eva Inez Giles her heirs and assigns, ail ibs ri;ht title and interest in and :v tr.ct 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 *)arcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the R. Puchalski survey, Abst. IINo. 996, and *,eing part of the Wattam Addition an addition to the City/County of Denton, as, (recorded in Volume 86, Page 526 of the Leed Records of Denton County, Texas, and more part- icularly described as follows: BEGINNING at the intersection of the south right-of-way j' line of Eagle Drive and the east right-o;-way line of Beatty Street, said point of beginn-i ing also being the northwest toner of a tract of land conveyed from Patricia Giles Machart' to Eva Inez Giles by deed dated April 13, 1973 and recorded in Volume 810, Page 918 of the Deed Records of Denton County, Texas; THENCE south, along the east right-of-way line of Beatty Street, same being the'west boundary line of said Giles tract, a distance of 150.0 feet to a point for a corner, same being the southwest corner of said Giles Tract; THENCE;' west a distance of 20.0 feet to a point for a corner; THENCE north, 20.0 feet west of andl parallel with the east right-of-way line of Beatty Street, a distance of 150.0 feet to a point for a corner in the south right-of-way line of Eagle Drive; THENCE east, along the south right-of-way line of Eagle Drive, a distance of 20.0 feet to the place of beginning' E, and containing 3000.0 square feet of land, more or less. Provided that the above described tract-is hereby vacated and abandoned only in so far as any right, title or interest may be vested in the public as a public street, but it is e:-oressly made a part of this.deed that !E a utility easement is expressly retained by the City of Denton the same as if an easement were granted therefore to Lhe City of Denton by the owner thereof with all rights of in- gress, egress and regress in, along, upon and across same retained by the City of Denton witil such uses therein are abandoned by seperate action. TO HAVE AND TO HOLD the said premises, together with all end singular the rights, privy 1 leges and appurtenances thereto in any manner belonging unto the said City of Denton, Texas , 1 Its successors hdo and assigns, forever, so that neither the &Aid City of Denton, Texas, its successors mm . tenor any person or persons clairuing under It shall, at any time hereafter, hdvc claim or demand any right or title to the aforesaid premises or appurtenances, or any part there. ot. ^,K`Pll't)jESS MY hand at Denton, Texas this the day of 9:0AttCdA1T A. D.19 t) Witnesses at Request of Grantor: 01n..P XTO E ppit, ^1tTTF S!~, iC:~T, BYt..1., :u, 8ROl6ttS. CULT, C ' SECRhTARY ~Yb~_ 93.E err 66 aYT1 L`Y1taP^~ JIrG-Y~sa~'~ss s-rrs•.z.__~="'ttasrre~_csr~s-a ~:.:._..~v_i_r.:a: •a,f1Y~y►VYr.1.~~Yl~Vrwasrar~ura-fsa~Ya~vr.wv+++.utrawa~sar raw,[a~.ran uc.a~.-t ~s~.ra.aaeiti.f _•••~•-..au.~avi.u o. -ava SINCIE ACKNOWLEDGMENT IVOL 934 ma,-668 11;l STATI; Olt' TI'.XAS, `I CC;1 ''Y OF DFNTON tY, t .n ar , .ter raid C~:unt Texas, tin t1 Es day pcc:unnllY aPPcored., DFFOR1s ME, i.ho undc.rslgncd authority, kncwn to i.re to b~ the person m!lose name subscribed to the foregoing Instrument, and acknow,_'ged to me that she, . cxecut .d the same for the purporrs and conelderalion therein expressed. GIVEN UNDEI: MY HAND AND SEAL OF OFFICE., This dayof.. A.D. 19...,....... Notnty Public, . County, Texas My Commission Expires June 1, 19....._.. SINGLE ACKNOWLEDGMENT THE STATE OF TEJ~:AS, l BEFORE ME, the undersigned authority, COUNTY OF. J in and for said County, Texas, on this day personally appeared.. known to me to be the person whose name subscribed to the foregoing Instrument, and acknowledged to me that he _ executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This . day of.. . A.D. 19.......... (L.S.) Notary Public, . County, Texas My Commission Expires June 1, 19 CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS, } BEFORE ME. the undersigned authority, COUNTY OF... . DENTOH-• ---1 In and for said County, Texas, on this day personally appeared ._:_.1ne Mit~hell,~ City-of _ Denton. Texas kme?n to ne lq 69, lie person and omeer whoa name Is subscribed to the foregoing Imlrvnent and acknowledged to rag that the same•yr the act of the said s' ...Ut.Y._of....Den':on.r._Texas _ 10 a corpornV,)n, and that he executed the same as the act of such corporation for- the pbrpoces and xons~deration thex*In expresecd, and in the capacity therein stated. it GIVEN UNDER. MY HAND AND SEAL OF OFFICE, This ..-_.~~C. day of.. Y Mij~. A.D. 19.21 Notary Public, _ ..,._..e1~.~n 1 ~_County, Texas My Commission Exelres?tuts'", P _ 3~' 7 1 CLERK'S CERTIFICATE THE STATE OF TEXASr ~ t,.. , County COUNTY OF...... . Clerk of the County Court -of maid County, do hereby certif that the foregoing instrument of writing dated on the Q { day of 51ATE Cr TL:iAS CO 9 v OF wit DENTh tts CertiAeate of Authentication, was filed for COUN TY CLL - nton ouny, i~ras record in my office on the.,......._...... 1:1W01 cerllly thal this lastrumenl was bkA011`49 At o'clock M., and duly recorded thb day of,......_ dale and unu stemrcd hereon by me rnd n,e ~r+'b r19.........,0 st....__, o'clock M., In the ctudcd in lhr Vllune ccd Tara or the nay,. J ~rcr,d$ . of Veril:a tAJl t, 1r. Records of r0.410 County, in Volt me........., , on Pages WITNEc. S MY HAND AND SEAL OF THE COUNTY COURT of said County, at office In.,.... , 11, r'. i f :I a day and year last above written. • ~r a County" Clerk County, Texas n ra (L BY., , Deputy, COUNTY CLEIK, D ntaa Crunty. TerrA o A to s i IL ED- 0 o rx j t ARM o . IE . a ^I " r y~ t611'iT! 'I ':.Ci 1 .w Tv w y e t r `4 C ~T 9 t~ V 317 sue. r1/ V..dn a..N.~..jr THE STATE OF TEXAS, `H y~`~ KNOW ALL MEN BY THESE PRESEN~: COUNTY OF DENTON I THAT W.D. Gaston DEED REW4DS of Denton County, exas , In consideration of tU f One Dollar ($1.00) ---------------and other good and valuable consideration in hand paid by the City of Denton, Texas receipt of vhlch is hereby cknowledged, do by these presents grant, bargain, sell and convey into to the City of Denton, Texas, the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, owned by h-m Situated in Denton County, Texas, in the James Severe Survey, Abstract No. 1164 BEGINNING at the southwest corner of said Gaston tract, said point of be- ginning lying in the east right-of-way line of U.S. Highway 377; THENCE north 88030' east, along the south boundary line of said tract, a distance of 560 feet to a point for a corner; THENCE north 1030' west a distance of 16' feet to a point for a corner; THENCE south 88030' west, 16.0 feet north of and parallel with the south boundary line of said tract, a distance of 547.04 feet to a point for a corner, in the west boundary line of said Gaston Tract; THENCE south 37030' west, along the west boundary line of said tract, same being the east right-%:f-way line of U.S. Highway 377, a distance of 20.59 feet to the place of beginning and containing 8,856.29 square feet of land, more or less. And it Is further agreed that the said City of Denton, Texas in consideration of the benefits above set out, will remove from the property : hove described, such fencer, buildings and other obstructions as may now be found upon said property. Vor the purpose of constructing, installing, repairing and perpetually maintaining puulic utilities In, along, upon and across said premises, with the right and privilege at all tLmes of the grantee herein, his or its agents, employees, workmen and representatives havlrrg Ingress, eg)•ess, and regress In, along upon and across said premises for the purpose of making additions to, intpro%ements on and repairs to the said any part thereof. TO HAVE: AND TO HOLD unto the said City of Denton, Texas as eforesald for the purposes a" -esald the premises above described. Witness my hand , this the P' day of , A. D. 191'/ . 4JA Y N M_r 0 4 ~7 SINGLE ACI,\OWLEDGIIENT THE,, STATE OF TEXAS, BEFORE ME, the undersigned authority, COU`rY OF DENTON in and for said County, Tows, on this day personally appea ed ..W D_--.Gras.ton.------- `tt Le the peto;m whose name is subscriber] to the foregoing instrument, and acknowledged to me th a he eeculk~ the sane for the purposes and consideration therein e~~x../p/Tessed. 11 GIV~N L'NDPIVVY HAND AND SEAL OF OFFICE, This_ZL},~ILday 19 Notary Public, County, Texas y i My Commission Expires June , 19.7/ SINGLE ACKNOIVLEDG31ENT THE STATE OF TEXAS, COUNTY OF BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared known to me to be the person ....whose name . srbs:ribed to the foregoing instrument, and acknowledged to me that ' e executed the same for the purposes and consideration therein expressed. GIVEN UNDErt MY BAND AND SEAL OF OFFICE, Thfs _ - day ot__-_-________.___ , A.D. 10 1 L Notary Public, Texas My Cnmmiseinn E7,nfres June 1, 19 C0RPC-!;ATI0N` ACKNOWLEDGMENT' THE STATE OF TEXAS, f 13r Y011F ME, the undersigned authority, COUNTY OF in and for said County, Texas, on this day pursunally appeared known to nv: to he the pcrsr,m imd o(1icar whnsc name Is subscribed to 0,,, furi,woinlr instrument and aekaowlcdgcd to me that the same leas the net of the said a corporation, and that he ~,xccutol the same as the at of ouch curporation for the prrp<sca and consideration tiurein expressed, and in the, capacity therein stated. GIVEN UNDER MY NAND AND SEAL OF OFFICE, This day of A.D. 19 Notnry Public, County, Texas My Commission Expires June 1, 1D...... CLERK'S CERTIFICATE THE STATE OF TEXAS, County COUNTY of . Clay of the County Court of sald JW$dWA-eby certi#l4A hV1Mgoing {instrument of writing dated on the day of _ _ COUR71 CLER ichCounty, C~ t ertihr to of Authentication, Naas filed for • I neteliY ce tiny tha'I i nit=omen] ria4 oro lsh~ record in my o1Tce on the d•'deAfend timestemped hereon by me sndAvaNul{ars. , nt o'clock PL, and duly recorded this dny of _ forded in the volume and page of the nam,4 rnq tit o'clock M., in the of Denton County, 7. as es lary'd hereon by me. ~,~~fyPlfeedcqoordQQs3 oQQsn d County, in Volume on pages WITNESS MY HAND AND SEAL O E CZif:Vl`PCXlif said County, at eMce in _ ea ~ a ~ t r and } it last t ye ntten. ~*r e Coun~ Clerk u.}. County, Texns. (L. S.) COUNU( CLERK, Dwan Courtly, Ttxal l Drputy. e. V I a g 9 r E' N S i 7 s oo!, I~ z~ o 9 All 5 P111 2, 08 n E-ri 1AR fl L Ct o x c r urr c ~F u~ l W. ax. i 1 7 { I i ~E• i b I D 13 I ~L 1~'Jl I tS' 1 E. T. K y~o L THE SrrA i L OF r EXASKNOW ALL MEN RY THESE PRESENTS: i COUNTY OF DENTON 111AT ' ROBERT A. i:ICHCLS F;ED PFCO M 3188 i of Denton County, Texas i , 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 convey unto to the City of Denton, Texas, the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, owned by him . Situated in Denton County, Texas, in the E. Puchalski Survey, Abstract No. 996 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 par;. of the E. Puchalski, Abstract No. 996 ane, being part of Lot No. 5R, Block 14 of the Owsley Park Addition, an addition tr, the City and County of Denton, and also being part of a tract of land as conveyed from Lillian A. Haslach Krueger Perez to Robert A. Nichols by dr;ed dated June 23, 1977 and recorded in Volume 844, Page 48 of the Deed Records of Denton County, Texas, and more particularly described as follows: BEGINNING at the northwest corner of said tract, same being a point in the south right of way line of Prairie Street; THENCE south along the o-,est boundary line of said tract a distance of 150 feet to a point for a corner, said point being the southwest corner of said tract; THENCE east along the south boundary line of said tract a distance of 60 feet to a point for a corner; THFNCE north a rligtanna of In feat to n nnint fnr a cnrnar; THENCE west a distance of 12 feet to a point for a corner; THENCE north a distance of 6 feet to a point for a corner; THENCE west 16 feet north of and parallel to the south boundary line of said tract a distance of 32 feet to a point for a corner; THENCE north 16 feet east of and parallel to the west boundary line of said tract a distance of 134 feet to a point for a corner in the north boundary line of said tract same being the scuth right of way line of Prairie Street; THENCE west along the north boundary line of said tract same being the south right of away line of Prairie street a distance of 16 feet to the Q1ar~d?tfis > ~iagr~e&tiatrt~iet ning 3,032 square feet of land, more or lea City of Denton, Texas in consideration of the benefits above set out, will remove from the property above described, such fences, but' lingo ar' other obstructlans as may now be found upon said property. For the purpose of constructing, insta.ling, repairing and perpetually maintaining public utilities in, along, upon and across said premises, with the right and privilege at all times of the grantce herein, his or its agents, employees, workmen and representatives hating ingress, egress, and regress In, along upon and across said premises for the purpose of making additious to, improvements on end repairs to the said public utilities any part thereof, TO HAVE AND TO HOLD untc ;be raid City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. Witness my hand , this the f,?`Iday of January A. D. 1979 . ' 1ZOBER A. NICHOLS 935 piu 679 vs ~~yri. r~au.aruav~.~ar.+ _ _ ._s r~.~: SINGLE ACKNONN'LFDGIIF.NT bvOl 935 i'Au 680 THE STATE OF TEXAS, 1 COUNTY OF DENTON BEFORE DIE, the undersigned authority, is and for said County, Texas, on this day personally appeared _Robert. - - - ___..,....'r, - knvun to me.to Ih the,persnn whose name 1S subscribed to the foregoing instrument, and acknowledged to me that bo' ez'CUptrIt the same for the purposes and consideration therein expressed. GIVEN UNDER MY 4?71) AND SEAL OF OFFICE, This day of January A D. 1579-- 1 nn Notary Public, _ County, Texas My Commission Expires Jvm",-F9r._.1' `.f e- Y SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF _ _ . . is and for said County, Texas, on this day personally appeared..._ - - known to me ~n be the person . -_.whose name. subscril,eil to the foregoing instrument, and ncknawledged to me that .he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY ]LAND AND SEAL OF OFFICE, This.. .day of....._______._._ A.D, 19 Notary Public, _ County, 'texas DTv rommfsslnn Expires June 1, 19 CORPORATION ACKNOWLEDGNIF::T THE STATE OF TEXAS, ~ BEFORE DIE, the undersigned authority, COUNTY OF in rind for said County, Texas, un this day personally appeared nnan to mr to he the pers,m and u0iccr whose name is subscribed to the forettoiitg in±lttnucnt and nckilo iludgcd to me th it the some wn9 the nit of tho sail a eorporntiun, and that he executed the s:onr as the art of rich corforation fvr the pnrpw;,•s and consi,leratian therein expressed, and in the capacity lh, rein stetcd. GIVEN UNDER DIY HAND AND SEAL OF OFFICE., This _ day of A, D. 19 (1..S.) Notary Public, County, Texas My Commission Expires June 1, 19 _ CLERK'S CERTIFICATE THE STATE VF TEXAS, COUNTY OF. L' PATE Of TEXAS COuNN Of DENTOR County CICrk of the County Cori of said County, .'o hereby certifyI cat Q~~fl ~ ~ ~^f~S&6P}EBSitTdCs>criring dated on the reby cony ! e 0Ms Inalrurrrnt w,s filed on dr y of A. D. 19 iak andnTitti r K oAl4y t~o-~fid}LFd3tIF,"ry (1q was 6.'cd for record in my mire on the. day of ands inkwve and PIX of the ng, y}Aforda M., nnd duly ui Out.n CCou ty. Tcis as ,Icnpoa hefeeln,11 oT, recorded this day of r~ at o c o' AT., in the Records of s, d ountyF~ f~ ltiIXTOJ979 un '-ages WITNESS DIY HAND AND SEAL OF THE COUNTY C'Ot Tso; s, C.yotat cc tn` _ + f~ , the day and y'e F,h aD ~ t cr County C.etk.,T,l . c D"10 n q' County, Texal. Clii T,, (L. ST By lirpn!y, a~ F o• Q u I T 7, p C'' 00 ° 00 M, ,i VV rC o >4 >4 H 13 Ti "111,' ' 41311 AA {l H U 04 rte. • ' H zz l `w r I' x+ M U U EZ~ 41 IiY 8331 &>;;i V ~o wl°.tt 31,.1 H o i I L an ==mod l u ) II 1 . I Q I I I d „J 1.~ F. i 1 yf Y ~ . 'j'am 4 II, ` ~ I ~ r'• fe~fJi~'f In x JO) plianbab V3 Ski" y1 TTM" • 1 • I X• b ~ Ih I ~5^ ' , . I 1, UTIL I !v =G-tat-~btT t1.~rM DrfO- --_=_-=°='~-'ms=s- r-_'-"-]IAYt'l7tfea~eei- oe bottu_ - - THE STATE OF TEXAS, KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON EED t?ECO" 'T'hat THE CITY OF DENTON, TEXAS, A MUNICIPAL CORPORATION of the County of DENTON and State of TEXAS , for and in consideration of the sum of 2509 ~ ----------------------One Dollar s No%100 ($1.00)-------------- DOLLARS, to it in hand paid by UNIVERSAL DEVELOPMENT CORPORATION 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 Universal Develo-invent Corporation, its successors XKiWand assigns, all its right title and interest in and to that certain tract or per. eel of land lying in the County of Denton and State of Texas, described as follows, ' I to-wit: All that certain tot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and hpinv part of the R.B.B. f. C.R.R. Com- pany Survey, Abstract No. 186, and being part of Block 3 of the Village an addition to the City and County of Denton, as recorded in Volume 15, Page 48 of the Plat Records of Denton County, Texas and also being part of a tract of land called Tract Three as conveyed from Universal Development Corporation to the City of Denton by document dated ! October 26, 1978 and recorded In Volume 928, Page 368 of the Deed Records of Denton r County, Texas and more parttcula-y described as follows: BEGINNING at the most easterly so•etheast corner of said Tract Three same being the northeast corner of Lot 5, Block!-' of the Village said point pf beginning lying in the ! west right of way line of Stuart Road and being 1585.0 feet north 0°09'37'.' east of the E' intersection of the west right of way line of Stuart Road and the common east-west boundary line between the B.B.B. S C.R.R, Company Survey, Abstract No. 186 and the J. Carter Survey, Abstract No. 268; THENCE north,89°50! 23" west, along the north boundary line of said Lot 5, Block 3 a distance of 100.0 feet to a point for a, corner same being the northwest corner of said Lot 5, Block 3; THENCE south 0°09'31" west a distance of 215.0 fee, to a point for a corner; THENCE north 89°50'23" west a distance of 16.0 feet to a point for a corner; THENCE north 0409' 37" east 116.0 feet west o,` and parallel with the west right of way line of Stuart Road a distance of 231.0 feet to a pulnt :cr a corner; THENCE south 89°50'23" east a distance of 116.0 feet to a point for a corner in the west right of way line of Stuart Road; THENCE south 0°09'37" west along the west right of way line of Stuart Road a distance of 16.0 feet to the place of beginning End containing 5,296.0 square 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 City of Denton, Texds, itts suuuessurs xh and assigns, forever, so that neither the said City of Denton, Texas, its successors Am kabgnor any person or persons claiming under it shall, at any time hereafter, r have, claim or dc. nand any right or title to the aforesaid premises or appurtenances, or any part there- of. WITNESS our band it Denton, Texas this day of A b.1979 0 E_NTUN Witnesses at R wilt of Grantor: CITY TEXAS >+TTE ~y >I~H(C IICLL, MAYOM 'Voc._..934_iactCGJ DTt00FS-TIOLT,=.CITY'SECRL'I'ATITI ~YYV'a,rJl~l:i.tJ.6E,r.MYJ',if-~arrrra alc-ar~rWlt~s~,~r~v~,r.~.rurrrmuf+as+,a.we~eu ~a~:-a.u s....a.sr ♦rr i • t t„ SINGLE ACKNOWLESDGMENT Vol 934 wG66~• TIIIi; STATE OF TEXAS, COUNTY OF 111.'FORI: ME, the undersigned authorial, t.; and for said County, Texas, on this day personally appeared . . ' known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that he executed the snmc' for the purposes and consideration therein expressed. GIVEN UNDER M1• HAND AND SEAL OF OFFICE, This day of A.D. 119...._ (LS.) . . . y Public, ......Coacity, Texas My Commission Expires June 1, 19.... SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF BEFORE ME, the undersigned authority, in uud fur said County, Texas, on this day personally appeared known to me to be the person whose name subscribed to the foregoing Instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, GIVEN UNDER MY r D AND SEAL OF OFFICE, This day of . . I~ , 9........... ) Notar...Public............................ County, Texas Sly Commission Expires June 1, 19...._ CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS, 1 BEFORE ME, the undersigned authority, COUNTY OF... .DENTON....... 1 in and for said County, Texas, on this day personally appeared _._Joe Mitchel l.,,.._Mayor _of__the__City_ of Denton Texas . _ known to one to be the person and officer' uncx1 o.f the..cit of...Lenton.,...Taxas...._ ` whose ~ina~a.ihat subscribed he exec/ted fherein the stated. e as a the sct t of and such c corporattiion for the purposes and consideration therein a coFpon, on, and ' ty Cq the capacity . ekptesseJ, End r n GIVEN DER MY HAND AND SEAL OF OFFICE, y ol./~j~~ , A.D. 19._7.9 .e _ _ts•-ar.•+~+. ~Notar Public 1 4 y , -Dent©#T County, Texas My Commission Exolres June 1, 19.- CLERK'S CERTIFICATE THE STATE OF TEXAS, , County 11TEtF TOMS 0 DEftT6lf......._....._...... OF. _ i%Ufi Clerk of the County Court of said County, do h6f&)f i$db#ifjrt}1Ftf4H2hfd PCincinatrument of writing datei on the day of_ I bereby ceit tY n,bih ~ nslrument Fa' t I cn s T tArCrrf'fcate of Authentication, was fled for File"end llnid eRyid on I., itTltj% 1 record In my of ire on the day of corded in the vol,ma sad pace 41A. D.119 V° 31 at. . o'clock M., and duly day uf of Denton tcur...iI... 4 to :..'A. D.~ 19. ml.. , at..... o'clock M., in the recorded this.. ' Re~Udpa of said Cormty, In Volume............., , on pages.. WITNESS MY HAND AND SEAL OF T , COUNTY C(JURT of said County, at office In _ ,~thl4dey.'and fee++r`` Lief i"'Ovtlitee ( gNTT7 GB°y~, Iynt y; eh! Count Texas. (L 8.) Deputy. 0, a, Lit) A i ~ C~U;13Y'f! [ . C! ~;I I,t V r4 ~ ~ w r be U ~Y_,j. _ ill f v Y t ~ I, ICL CITY of DENTON, TEXAS MUNfCIPAL EUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 382.9601 Office of City Attorney January 31, 1979 Mr. Boy Appleton, Jr, Golden Triangle Communications P. 0. Box 369 Denton, Texas 76201 Mr. Homer Bly, President First State Bank Denton, Texas 76201 Dear Boy & Homer: Enclosed please find a copy of a proposed agreement for the placement of the security fund with the bank. Please advise if this meets with your approval. Sincerely, Paul C. Isham PC I :,j s a TT FORM 1,97 12/7) SCHEDULE A Owner Policy Number: Dare of Policy: Amount: 44 172 50 02956 January 8, 1979 $32,684.00 GF Number. 8-D- 72 63 NAME OF INSURED CITY OF DENTON 1. The estate or interest in the land insured by this policy is: Fee simple. 2. The land referred to in this policy is descritvd as follows: COMMENCING at the intersection of the north riht-of-way line of Scripture Street with the west right-of-way line of Bonnie Brae Street; THENCE north along the west right-of-way line of Bonnie Brae Street a distance of 242 feet to the Point of Beginning, being the most easeterly southeast corner of =,aid tract; THENCE west along the most easterly south boundary line of said tract a distance of 180 feet to a point for a corner, same being an inner ell corner of said tract; THENCE south along the most southerly east boundary line of said tract a distance of 242 feet to a point for a corner in the north right-of-way line of Scripture Street, same being the most southerly southeast corner of said tract; THENCE west along the south boundary line of said tract, same being the north right-of-way line of Scripture Street a distance of 25.40 feet to a point for a corner; THENCE north 380 451 east a distance of 12.52 feet to a point for a corner; THENCE north 120 30' west a distance of 10.57 feet to the beginning of a curve to the right, whose center lies north 770 30' east a distance of 392.01 feet; THENCE northeasterly w-th the arc of Baia curve to the right whose central angle= 570 311 58" and radius= 392.01 feet, a distance of 393.63 feet to the beginning of a curve to the left, whose center lies north 440 581 02" west a distance of 321.07 feet; THENCE northerly with the arc of said curve to the left, whose central angle= 450 011 58" and radius= 321.07 feet, a distance of 252.35 feet to a point for a corner in the most easterly east boundary line of said tract, same being the west right-of-way line of Bonnie llrae Street; THENCE sough along the most easterly east boundary line of said tract, same being the west right-of-way line of Bonnie Brae Street a distance of 367.44 feet to the Place of Beginning and containing 32,684.11 square feet of land more or less, being the Fame proferty conveyed by Warranty Deed dated January 20, 1956, recorded Volume 418, Page 527, Deed Records, Denton County, Texas, by J. Newton Rayzor et ux to Jess Newton Rayzor et al. This policy valid only If Slhedure 0 Is atraehed. •trA FORM 2544 SCHEDULE B Owner Policy Number 44 172 50 02956 GF Number: 8-D-7263 This policy is subiect to the Conditions and Stipulations hereof, the terms and conditions of the leases or casements insured, if any, shown in Schedule A, and to the following matters which are additional exceptions from the coverage of this policy: 1. Restrictive covenants affecting the land described or referred to above. None found of record. 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments, or any overlap- ping of improvements. 3. Taxes for the year 19 78 and subsequent years. 4. The following lien(s) and all terms, provisions and conditions of the instrument(s) creating or evidencing said lien(s): None. 5. All visable and apparent easem-nts on, over, or across subject property the existence of which do not appear of record. 6. Any portion of subject property lying or being situated within the boundaries of any road, street, or highway, or used for road purposes. 7. ROW Deed dated Sept. 6, 1948, Vol. 348, Page 58, under Clerk's File No. 3767, DR. 8. OGML dated May 7, 1950, Vol. 361, Page 216, under Clerk's File No. 3146, DR. 9. OGML dated June 13, 1961, Vol.372, Page 225, under Clerk's File No. 3026, DR. 10. Easement to Southwestern Bell Telephone Company recorded in Vol. 3830 Page 526, Deed Records, Denton County, Texas and Vol. 416, Page 462, Deed Records; Denton County, Texas. Count t n A orizedl Signatory Schedule a of this polity tonclsre of pages. W_- KINY 0% OWNER POLICY FORM PRESCRIBED BY STATE BOARD Of' INSURANCE OF TEXAS 44 172 50 02956 I CHICAGO TITLE INSURANCE COMPANY Ii a Missouri corporation, hereinafter called the Company, for value &es hereby guarantee to the herein named Insured, the heirs, devisees, executors and admins:rators of the insured, or if a corporation, its successors by dissolution, merger or consolidation, that as of the date hereof, the Insured has good and indefeasible title to the estate c;r interest in the land described or referred to in this policy. The Company shall not be liable in a gr.-ater amount than the actual monetary loss of the Insured, and in no event shall the Company be liable for more than the amount shown in Schedule A hereof, and shall, ex as hereinafter stated, at its own cost def:nd the Insured in ever action or proceeding on any claim against, or right to the estate or interest in tha land, or any parr thereof, adverse to the tide to the estate or ;merest in the land as hereby but the Company shall not be required to d,fenJ against an guaranteed, Y claims based upon matters in any manner excepted under this policy by the exceptio.s in Schedule B hereof or excluded by Paragraph 2, "Exclusions from Coverage of this Policy", of the Conditions and Stipulations hereof, The party or parties cnt tled to such defense shall within a reasonable time after the commencement of such action or proceeding, and in ample time for defense therein, give tl a Company written notice of the pendency of the action or proceeding, and authority to defend. The Company shall lot be liable until such adverse interest, claim, or right shall have been held valid by a court of last resort to which either litigant may apply, and if such adverse interest, claim, or right so established shall be for less than the whole of the estate or interest in the land, their the liability of the Company shall be only such part of the whole liability limited above as shall bear the same ratio to the whole liability that the adverse interest, claim, or right established may bear to the whole estate or interest in the land, such ratio to be based on respective values determinable as of the date of this policy. In the absence of notice as afore- said, the Company is relieved from al! liability with resprct to any such interest, claim or right; provided, however, that failure to notify shall rot prejudice the ri3his of the Insured if such Insured shall not be it party to such action or proceeding, nor be served with process therein, nor have any knowledge thereof, nor in any case, unless the Company shill be actually prejridiced by such failure. Upon sale of the estate or interest in the land, this policy automatically thereupon shall become a warrantor's pot.icy and the Insured, the heirs, devisees, executors ant administrators of the Insured, or if a corporation, its successors by dissolution, merger or consolidation, shall for a period of twenty-five years from date hereof remain fully protected according to the terms hereof, by reason of the payment of any loss he, they or it may sustain on account of any warranty of title contained in the transfer or conveyance executed by the Insured conveying thu estate or interest in the land. The Company shall be liable under said warranty only by reason of defects, liens or encumbrances existing prior to or at the date hereof and not excluded either by the exceptions cr by the Conditions and Stipulations h:rcof, such liability not to exceed the amount of this policy, In Wirness Hereof, CHICAGO TITLE INSURANCE. COMPANY has caused this policy to he executed by its President under the seal of the Company, but this n -licy is to be valid only when it bears an authorized counter-signature, as of the date set forth in Schedule A. CHICAGO TITLE INSURANCE COMPANY Issued by: CHICAGO LAND TITLE AGENCY 102 Lakeland Plaza, Pro:essional Bldg. Suite 102 `E ~T U. President. P.O. Box 686 p/~pA P 0 R A It '°:o i Arrest: ' Lewisville, TX 75067 (214) 436-3528 v. .~tt , r/r Secretary. CONDITIONS AND STIPULATIONS t. DefinTliom aid in anv such action or proceeding. in effecting settlement, , The following terms when used in this policy mean: securing evidence, obtaining witnesses, or defending such action (a) "land": The land described, specifically or by reference, or proceeding. in Schedule A, and improvements affixed thereto which by law. (b) The Company shall have the right to select counsel of constitute real property. its oven choice when¢ver it is required to defend any action or pro- ceeding, and such ccunsel shall have full control of said defense. ( "public records": Those records which impart rnnstructive (c) Any action taken by the Company for the defense of the notice e of matters relating to the land. Insured or to establish the title as insured, or both, shall not be (c) "knowledge": Actual knowledge, not constructive knowl- construed as an admission of liability, and the Company shall edge, or notice which may be imputed to the Insured by reason not thereby be held to concede liability or waive any provision of any public records. of this policy. (d) "date": The effective date, including hour if specified. 4. Payment of Lass 1. Exclusions from the Coverage of this Policy (a) No claim shall arise or be maintainable under this policy This policy does not insure against loss or damage by reason for liability voluntarily assumed by the Insured in settling any of the following: claim or suit wlthoU written consent of the Company. (a) The refusal of any person to purchase, lease or lend (b) All payments under this policy, except payments made the land. for costs, attorney fees and expenses, shall reduce the amount of money on the insurance pro tanto; and the amount of this policy shall be (b) Governmental rights of police power or eminent domain reduced by any amount the Company may pay under ny policy unless notice of the exercise of such rights appears in the public insuring the validity or priority of any lien excepted to herein records at the date hereof; and the consequences of any law, or any instrument hereafter executed by the Insured wh:ch is a ordinance or governmental regulation including, but nQl limited charge or lien on it,e land, and the amount so paid shall be deemed I to, building and zoning ordinances. a payment to the Insured under this poiicv, (c) Any titles or rights asserted by anyone including, but not (c) The Company shall have the option to pay or settle or limited to, persons, corporations, governments or other entities to compromise for of in the name of the Insured any claim insured tidelands, or lands comprising the s;, res or beds of navigable or against by this policy, and such payment or tender of payment, perennial rivers and streams, lakes, bays, gulfs or oceans, or to together with all costs, attorney fees and expenses which the, any land extending from the line of mean low tide to the line of Company is obligated hereunder to pay, shall terminate all liability + vegetation, or to lands beyond the line of the harbor or bulkhead of the Company t : •eunder as to such claim. Further, the pay. lines as established or changed by any government, or to filled. ment tr tender of payment of the full amount of this policy by in lands, or artificial islands, or to riparian rights, or the rights the Company shru. terminate all liability of the Company under or Interests of the State of Texas or the public generally In the this policy. area extending from the line of mean low tide to the line of (d) Whenever the Company shall have settled a claim under vegetation or their right of access thereto, or tight of casement this policy, all right of subrogation shall vest in the Company un- along and across the same. affected by any act of the Insured, and it shall be subrogated to (J) Defects, liens, encumbrances, adverse claims against the and be entitled to all rights and remedies of the Insured against title as insured or other matters (l) created, suffered, assumed any person or property in respect to such claim. The Insured, if or agreed to by the Insured at the date of this policy, or (2) requested by the Company, shall transfer to the Company el known to the Insured at the date of this policy unless iisclosure rights and remedies against any person or property necessary in thereof in writing by the Insured shall have been made to the order to perfect such right of subrogatio and shall permit the Company I tor to the date of this policy; or loss or damage which Company to use the name of the Insured in any transaction or would not Slave been sustained if the Insured were a purchaser litigation imolving such rights or remedies, for value without knowledge; or the homestead or community S. Polity Intir• Contract property or survivorship rights, if any, of any spouse of any Any action, actions or rights of action that the Insured may Insured, have, or may bring, against the Company, arising out of the status 3. Defense of Actions of the title insured hereunder, must be based on the provisions of a) In all cases where this policy provides for the defense of this policy, and all notices required to be given the Company, and ( action of any statement in writing required to be furnished the Company, any proceeding, the insured shall secure to of Com- of shall be addressed to its principal office, at 111 W. Washington pany the right to so provide defense in such action or proceeding, Street, Chicago, Illinois 60601, or to any branch office of the and all appeals therein, and permit it to use, at its option, the Company. name of the Insured for such purpose, Whenever requested by the Company, the Insured shall give the Company all reasonable A. This Policy Is Not Transferable. i Komi 33533MIMOTIMM V°I Sit A > r H b ° z~ M L Una Fill ISAR 11" r RR-18 (Rev. 8-78) L%71WY Page 1 of 6 0 7 Contract No. GMERALTEL.EPHom COMPAM OF THE .13UTHWEST TWO TIER TELECOMMUNICATIONS SERVICE AGREEMENT CONTRACT NUMBER: ~ '~QQ ~ (To be entered %,hen service is established.) TYPE 0: CONTRACT: Oft FAb ADDENDUM IF ADDENDUM: DATE OF ORIGINAL 'ONTRACT 1.8,z79 NUMBER OF ORIGINAL CCNiRACT N78-2042 TWO-TIER CONTRACT General Telephone Company of the Southwest, hereinafter called Telephone Company, agrees to provide in accordagce with the provisions contained herein to the undersigned customer, at the address designated below, the equipment described and listed in Schedule A attached hereto and incorporated herein by reference for all purposes, subject to the Telephone Company's rates and regulations, as contained in this General Exchange Tariff and to any change in such tariff which may be made from time to time and to such rules and regulations of Federal, State and other Regulatory Bodies as may be applicable. 1. Telephone Company shall provide, install, maintain and provide necessary replacement components for a period of 60 ronths from the date of initial service of the equipment described herein; thereafter, Telephone Company will provide maintenance service for the system including replacement of like components as long as economically feasible and iequ',red replacement parts are available. ownership of telephone system, including but not limited to wires, cables, instruments, telephone number or numbers, equipment and associated appurtenances, shall be in and shall remain with the Telephone Company. Customer shall furnish without charge to Telephone Company suitable runways for wires and cables and suitable space for necessary equipment, RR-18 (Rev. 8-78) Page 2 of 6 y00 7 • Contract No. N7'~ 2. The customer shall pay Telephone Company an amount equal to the sum of Level A price and Level B price as shown in attached Schedule A. Said amount bhall be paid monthly during original contract period; thereafter customer shall pay Level B price. The Telephone Company agrees not to seek any change in the Level A rates covered by this contract. However, because the Telephone Company is a regulated utility, the Level A rates may be subject to change at the initiative of the regulatory commission. Level B is at all times subject to change in accordance with lawful tariffs of Telephone Company. In the event of termination of all or part of the service prior to the expiration of the Level A initial term, the customer agrees, binds, and obligates itself to pay the unpaid balance of the Level A charges. The amount of payment shall be computed by multiplying the Level A monthly price for the item or items cancelled by the number of months remaining in the Level A contract period. Payment of said unpaid balance of Level A charges is to be made 'n a lump-sum thirty (30) days from the date of termination or, upon request of the customer and with the written approval of Telephone Company, in equal monthly, non-interest bearing installments not to exceed thirty-six (36) months or the time :.ruining en the contract, whichever is shorter. In the event Telephone Company approves an extended pay-out of the unpaid balance of Level A charges, customer agrees to sign a promissory note supplied by Telephone Company providing for waiver of presentment, notice of dishonor and protest, for attorneys' lees and legal costs incurred in collection, for ten percent (10%) interest from the date of default, and for acceleratian of the balance of the note upon default. In the event of cancellation or termination by the customer after acceptance of this agreement by Telephone Company and before establishment of service, the customer shall pay all cost and expense incurred by Telephone Company for design and engineering of system and for ordering, furnishing and dispos4ig of equipment. Customer understands and agrees to pay, in addition to charges specified in Schedule A, charges for central office trunks, stations and other terminal equipment in accordance with the then prevailing General Exchange Tariff. 2A. Items for which customer elects tie Single-Payment Option (SPO) as specified in Schedule A have an assumed contract period of months. SPO amounts are in lieu of Level A monthly payments for the assumed contract period.: In the event customer terminates any or all items provided under SPO prior to completion of the asrumed contract period Telephone Company shall retain the SPO amount in lieu of a termination charge. Level B rates shall apply monthly to items provided under SPO. 3. Telephone Company agrees to provide additional equipment and features to the basic system under the following conditions: a. Additions shall be made pursuant to the rates and regulations under the then prevailing tariff. RR-18 (Rev. 8-78) Page 3 of 6 Contract No. y ~7~Zao7 b. Additions will be made pursuant tof an Addendum Contract having a Level A period with expiration date as near the same as the Original Contract Level A expiration date as feasible. C. Total system capacity shall not exceed the limits specified in Schedule B attached hereto and incorporated herein by reference. Said limits are good faith effort on the part of Telephone Company to inform the customer of known limits for maximum operating capacity of the system as designed and engineered; however, other limitations may exist due to unusual load or operating conditions. d. It is understood and agreed that in the evev: of a partial discontinuance of service with part of ...e equipment listed in Schedule A disconnected, the equipment last installed shall be considered to be first disconnected. 4. It is understood and agreed that in the event of change of items of equipment described and listed in Schedule A or of location designated for said equipment prior to the time said equipment is placed in-service, the customer shall pay all cost and expense incurred by Telephone Company pursuant to such request or requests. 5. It is understood and agreed that in the event of change of items of equipment described and listed in Schedule A or of location designated for said equipment on an out-of-service basis, the customer sh,.ll }gay all cost and expense incurred by Telephone Company pursuant to such request or requests. 6. It is understood and agreed that in the event of change of items of equipment described and listed in Schedule A or of location designated for said equipment on vn ir.-service move, the customer shall pay alt termination charges of the r,xisting contract and a new contract shall be executed. 7. This contract may not be transferred or assiglied to a third party without prior written consent of Telephone Company. Iu the event of such transfer or assignment during the term of this contract or Addendum Contracts, customer shall obtain a written assumption by assignee of all the herein obligation of customer. 8. Customer understands and agrees that the service and facilities furnished hereunder shall be supplied in accordance with and subject to, the rules and regulations of the Telephone Company as rontained in its General Exchange Tariff and any change in such tariff which may be made from time to time, and such rules and regulations of Federal, State and/or other Regulatory Body as way be applicable. 4 The provision in Schedule A for Level A monthly payments shall be effective upon commencement of telecommunication service at location designated hereinbelow; the provision in Schedule A for Level B monthly payments shall be effective upon commencement of said telcommunication service. y BR-18 (Rev. 8-18) Page 4 of 6 Contract No.~ This instrument when executed by customer and accepted by Telephone Company shall take effect and be binding until terminated in accordance with terms herein or with the lawful rules and regulations of Telephone Company. The terms and conditions hereof cannot be waived except by written consent of the Telephone Corn.pany. Initial Contract Period (Level A Period): 60 months Total Single-Paymeat Option $ Total Level A monthly price $ 427,50 Total Level B monthly price $ 172.25 Accepted 19 79 At Denton Texas City State City of Denton Name of Business _ 215 E. McKinney Street Number and Name Denton, Texas 76201 City or Town, and State - By Title e-4-6-2 K' GENERAL TELEP14ONE COMPANY OF THE SOUTHWEST Accepted 19~. Title v RR-19 (Rev. B-78) Page 5 of 6 Contract No.N79.2007 SCHEDULE A a• EFFECTIVE DATE OF APPLICABLE TARIFF December 2 197-L-- RATE QUOTATION AUTHORITY NO. (If Applicable) Single- Total Payment Single- Level A Level B Option Monthly Price Payment Quantity. Description Unit Price Unit Price Unit Price Level A Lever. B Option 1 Automatic Call Distribution 90.00 17.50 90.00 17.50 1 Traffic Statistics 89.00 17,00 89.00 17.00 1 Recorder Announcer 51.00 11.25 51.00 11.25 1 Input-Output Interface 20.00 5.50 20.00 5.50 4 3egular Loops 29.00 12.25 116.00 219.00 6 Direct Trunk Cards 10.25 12.00 61.50 72.00 427.50 172.25 Total Contract '.lability: 60 (Total Months) X $ 427.50 (Total Level A's) = $ 25,650.00 Service Order Number: a G .2i Effective Service Date: Termination of Conte: Audited By: / - Date: RR-18 (Rev. 8-78) Page 6 of 6' Contract No. N -Icy. 2.00'J SCHEDULE B EFFECTIVE DATE OF APPLICABLE TARIFF December 2 1977 RATE QUOTATION AUTHORITY NO. _(If Applicable) TOTAL SYSTEM EXPANDABLE CAPACITIES r y RR-18 (ROV. 8-78) Page 1 6 Contract No. M TWO TIER TELECOtiMUNICATIONS SERVICE AGREEMENT CONTRACT NUMBER: To be entered when service is established.) TYPE OF CONTRACT: 0R1G1 'L~ ~[S~YScI IF ADDENDUM: DATE OF ORIGINAL CONTRACT_ NUMBER OF ORIGINAL CONTRACT O TWO-TIER CONTRACT General Telephone Company of the Southwest, hereinafter called Telephone Company, agrees to provide in accordance with the provisions contained herein to the undersigned customer, at the address designated below, the equipment described and listed in Schedule A attached hereto and incorporated herein by reference for all purposes, subject to the Telephone Company's rates and regulations, as contained in this General Exchange Tariff and to any change in such tariff which may be made from time to time and to such rules and regulations of Federal, State and other Regulatory Bodies as may be applicable. 1. Telephone Company shall provide, install, maintain and provide necessary replacement compone.tts for a leriod of 60 months from the date of initial service of tl.e equipment described herein; thereafter, Tele;:ione Company will provide maintenance service for the system including replacement of like. components as long as economically feasible and required replacement parts are available. Ownership of telelh)ne system, including but not limited to wires, cables, instruments, telephone number or numbers, equipment and associated appurtenances, shall be in and shall remain with the Telephone Company. Customer shall furnish without charge to Telephone Company suitable runways for wires and cables and suitable space for necessary equipment. ,KR-18 (Bev. 8-708) Page 2 of 6 Contract No. All 2. The customer shall pay Telephone Company an amount equal to the sum of Level A price and Level B price as shown in attached Schedule A. Said amount shall be paid monthly during original contract period; thereafter customer shall pay Level B price. The Telephone Company agrees not to seek any change in the Level A rates covered by this contract. However, because the Telephone Company is a regulated utility, the Level A rates may be subject to change at the initiative of the regulatory commission. Level B is at all times subject to change in accordance with lawful tariffs of Telephone Company. In the event of termination of all or part of the service prior to the expiration of the Level A initial term, the customer agrees, binds, and obligates itself to pay the unpaid balance o: the Level A charges. Ve amount of payment shall be computed by multiplying the Level A monthly price for the item or items cancelled by the number of months remaining in the Level A contract period. Payment of said unpaid balance of Level A charges is to be made in a lump-sum thirty (30) days from the date of termination or, upon request of the customer and with the written approval of 'telephone Company, in equal monthly, non-interest bearing installments not to exceed thirty-six (36) months or the time remaining on the contract,, whichever is shorter. In the event Telephone Company approves an extended pay-out of the unpaid balance of Level A charges, customer agrees to sign a promissory note supplied by Telephone Company providing for waiver of presentment, notice of dishonor and protest, for attorneys' fees and legal costs incurred in collection, for ten percent (10x) interest from the date of default, and for acceleration of the balance of the note upon iefault. In the event of cancellation or termination by the customer after acceptance of this agreement by Telephone Company and before establishment of service, the customer shall pay all cost and expense incurred by Telephone Company for design and engineering of system and for ordering, furnishing and disposing of equipment. Customer understands and agrees to pay, in addition to charges specified in Schedule A, charges for central office trunks, stations and other terminal equipment in accordance wits the then prevailing General Exchange Tariff. 2A. Items for which customer elects the Single-Payment Option (SPO) as specified in Schedule A have an assumed contract pl:riod of months. SPO ar,ounts 5re in lieu of Level A month:y payments for the assumed contact period. In the event customer terminates any or all items provided under SPO prior to completion of the ass+uned contract period Telephone Company shall retain the SPO amount in liou of a termination charge, Level B rates shall apply monthly to items provided under SPO, 3. Telephone Company agrees to provide additional equipment and fe itures to the basic system under the following conditions: a. Additions shall be made pursuant to the rates and regulations under the then prevailing tariff. i RR-18 (Rev. 8-78) Page 3 of 6 Contract No. b. Additions will be made pursuant to an Addendum Contract having a Level A period with expiration date as near the same as the Original Contract Level A expiration date as feasible. C. Total system capacity shall not exceed the limits specified in Schedule B attached hereto and incorporated herein by reference. Said limits are good faith effort on the part of Telephone Company to inform the customer of kncwn limits for maximum operating capacity of the system as designed and engineered; however, other limitations may exist due to unusual load or operating conditions. d. It is understood and agreed that in the event of a partial discontinuance of service with part of the equipment listed in Schedule A disconnected, the equipment last installed shall be considered to be first disconnected. 4. It is under tood and agreed that in the event of change of items of equipment described and listed in Schedule A or of location designated for said equipment prior to the time said equipment is placed in-service, the customer shall ray all cost and expense incurred by Telephone Company pursuant to such request or requests. 5. It is understood and agreed that in the event of change of items of equipment described and listed in Schedule A or of location designated for said equipment on an cut-of-service basis, the customer shall pay all cost and expense incurred by Telephone Company pursuant to such request or requests. 6. It is understood and agreed that in the event of change of items of equipment described and listed in Schedule A or of location designated for said equipment on an in-service move, the customer shall pay all termination charges of the existing contract and a new contract shall be executed. 7. This contract may not be transferred or assigned to a third party without prior w-itten consent of Telephone Company. In the event of such transfer or assignment during the term of this contract or Addendum Contracts, customer shall obtain a written assumption by assignee of all the herein obligation of customer. 8. Customer understands and agre,a that the service and facilities furnished hereunder shall be s•loplied in accordance with and subject to, the rules and regulations of the Telephone Company as contained in its General Exchange Tariff and any change in such tariff which may be made from time to time, and such rules and regulations of Federal, State and/or other Regulatory &ody as nay be apr,licable. 9. The provision in Schedule A for Level A monthly payments shall be effective upon commencement of telecommunication service at location i designated herelnbelow; the provision in Schedule A for Level B monthly payments shall be effective upon commencement of said telcommunication service. KR-18 (Rev. 8-78) Pagq 4 of 6 Contract No. NN-Nn'yt This instrument when executed by customer and accepted by Telephone Company shall take effect and be binding •intil terminated in accordance with terms herein or with the lawful rules and regulations of Telephone Company. The terms and conditions hereof cannot be t,,ived except by w ritt.n consent of the Telephone Company. Initial Contract Period (Level A Period): 60 months Total Single-Payment Option $ Total Level A monthly price $ 2,244,75 Total Level B monthly price $ 979,65 Accepted 19 79 At Denton Texas Cite State City of Denton Name of Business 215 E. McKinney _ Street Number and Name Denton, Texas _ City or T wn, and State By Title '"•~~~~6<t6~.~.. GENERAL TELEPHONE COMPANY OF THE SOUTHWEST Accepted 19 79 Title Division Manager RR-18 (Rev. 8-78) Page 5 of 6 Contract No. SCHEDULE A EFFECTIVE DATE OF APPLICABLE TARIFF December 2 , 19 7_7___. RATE QUOTATION AUTHORITY N0. (If Applicable) Single- Total Payment Single- Level A Level B Option Monthly Price _ Payment ualtit_y Description Unit Price Unit Price Unit Price Level A Level B Option 1 Cabinet IA 620.00 135,00 620.00 135,00 1 Cabinet IA 173.00 33.00 173.00 33.00 Redundancy 1 Cabinet II 250,00 5-3.00 250,00 53,00 1 Cabinet TI 38.00 7.25 38,00 7,25 Redundancy 173 Main Stations - 0 - 1,60 - 0 - 276.80 21 Extension Sta. - 0 - 1.60 - 0 - 33.60 1 24K Memory 72.00 14.00 72,00 14.00 1 TC Equipment 81.00 29.00 81,00 29.00 Reg. Loops 29,00 12,21 261,00 110.25 4 Trunk Group 14.75 E.25 59.00 25.00 Common Fquip. 1 FX Trunk Card 10.25 12.00 10.25 12.00 6 DID Trunk Card 26.50 15.00 159.00 90.00 1 Console Common 14.75 6.25 14.75 6.25 Equipment 1 Turret 53.00 16.75 53.00 16.75 1 Cab. T Advanced 43.50 15.00 43.50 15.00 Features Pkg.. 1 CaL, II Advanced 21.75 10.75 21.75 10.75 Features Pkg. 1 Call Forward Busy/ 18.00 3.50 18.00 3.50 DNA Cabinet I & II 1 Call queuing 88 17.00 88.0 17.00 Cabinet I & II 13,1 y,so A7 y ) 1 DID Cab. I & II 41469 34-. ee" 9.00 1 Reorder Announcer 51.00 11.25 51.00 11.25 Total Contract Liability: _ 60 (Total Months) X ,-'~'s=44,- T tal Level A' •3C~.~~ JLr ~/.tl~b'd~00 Service Order Number: Effective Service Dater Termination of _Contract Date: S ; fl Audited By: Z44,, AVnfT~L- Date: hh-18 (Pev. 8-78) Pal;, 6 of 6 Contract No.N7~-;Ld~lZ SCHEDULE B EFFEC'r1VE DATE OF APPLICABLE TARIFF December 2 197_ RATE QUOTATION AUTHORITY N0. _(If Applicable) TOTAL SYSTEM EXPANDABLE CAPACITIES With the present two cabinet operation the CAX is expandable to 500 stations and 80 trunks. Anther cabinet can be added for a maximum capacity of 800 stations and 120 trunks. Standard Features include attendant grouping, auxilia,y equpment access, C014 groups, distribution groups, flexible intercept, flexible station numbering, suit grouns, multiple console operation, music-on-hold access, music on camp--gin access, night service, off-premise extension, pick-up groups, secretarial intercept, self-test end fault isolation, station hunting, system alarm indications, voice band data transmission, add-on conference, call hold, call pick-up, call transfer, call waiting indication, consultation hold, distinctive ringing, direct outward dialing, group pick-up, private lines, release with hovler, service groups(15);-station to station, dialing, trunk code access, trunk answer-from any station, alphanumeric displays, automatic recall, bu,,y override, busy verification, camp-on busy, conference, digital clock, emergency trunk override, hold, intercept, inter-position transfer, paging access, push button dialing, serial call, system alarm indication, switched loop operation, through dialing, tone ringing, trunk-to-trunk connection, and two-way splitting. Optional Equipment and Features include memory expansion, touch calling common equipmc-nt, regular loop lines, long loop lines, trunk common equip- ment, C.O., FX, or WATS trunk terminations, DID trunk terminations, Tie trunk terminations,-attendant's turret (console) common equipment, attendant's turret-(console), advanced features package, tali forwarding, busy/do not answer, ro,ite optimization, toll restriction, call queuing (requires advanced features package), Direct inward system access (requires Touch Calling), satellite operation (requires tie trunks), call blocking, DID, message detail recording-- list, n essage detail recording - magnetic cartridge, message detail recording - magnetic tape, inward call detail recording, automatic-call distribution,-aut,)matic call distribution traffic statistics.. standby queuing, message registration, trunk bypass. (power failure circuits), recorder announcer, two channel input-output interface, key telephone common equipment, and key telephone interface and adapter. ACCEPTI'D AND AGREED TO: va ij4j iA1[U ~ CITY OF DENTON, TEXAS By: Lac w STATE OF INDIANA ) )SS: COUNTY OF MARION ) Before me, a Notary Public in and for said county and State, on th4s day personally appeared Herbert Simon known to me to be a gene •_al partner in Denton Developers, a General Partner in the limited partnership whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of DENTON IMALL COMPANY, a Texas limited parthership, an-] that he executed the same as the act of said partnership for the purposes and consideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office this Ve, t/ day of E /-tt~ r 1979. /74 Notry Public My mmission expires: county of residence is: STATE OF TEXAS ) )SS: COUNTY OF DENTON ) Before me, a Notary Public in and for said County and State, on this day personally appeared G. Chris Hartung known to me to be the City Majager whose name is subscribed to the foregoing instrument and acknowledged to me that. the same was the act of the City of Denton, Texas, a municipal corporation, and that he executed the same as the act of said municipal corporation for the purposes and consideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office this 31st day of January 1979. 7 on n Co, ,Texas , otary Public My commiss,pn i March 31', ~'~9 My county of residence is: Denton County, Texas -5- EXHIBIT "A" Being a tract of land situated in the John W. Mc. Gvwan Survey, Abstract Number 797, Denton County, Texas and being a portion of a 0.897 acre tract of land conveyed to Denton Mall Company, by deed recorded in Volume 888, Page 762, and a 0.20 acre tract and a 0.86 acre tract of land conveyed to Denton Mall Company and recorded in Volume 878, Page 874, Denton County Deed Records, said 0.251 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at the northeast corner of said 0.897 acre tract of land, said corner heing in the west right-of-way line of S.H. Loop 288; THENCE S4e°59'0711;1, along said west right-of-way line, 293.75 feet to the southeast corner of said 0.897 acre tract, said corner also being the northeast cornea of the said 0.20 acre tract of land; THENCE S51013'45"W, continuing along said west right-of-way line, 50.69 feet to a concrete monument, said monument being the southeast corner of said 0.20 acre tra:,t and the northeast corner of said 0.8E acre tract; THENCE S47014'15"W, continuing along said west right-of-way line, 182.57 feet to the northwest corner cutoff of I.H. 35-E; THENCE S8204322"W, 76.0 feet to a concrete monument, said monu- ment being in the north right-of-way line of said I.H. 35-E; THENCE N`71145138"W, along said north right-of-way line, 101.79 feet to a cor;rete monument, said monument being the southwest corner of said 0.8G acre tract; "THENCE N40027137"E, along the west line of said 0.86 acra tract, 16.17 feet to a point; THENCE S57045138"E, 93.73 feet to a point; THENCE N82043122"E, 65.13 feet to a point; THENCE N47014115`E, 178.01 feet to a point; THENCE N51013145"E, 50.69 feet to a point; , THENCE N46°59107"S, 276.58 feet to a point in the north line of the aforementioneO. 0.897 acre tract; THENCE SB9002'E, along said north line, 23.04 feet to the POINT OF BEGINNING and containing 0.251 acres of land, more or less. VOL U45 ew 613 614 0 x Z > a f p a ; y g ? ~4 c,.,?,~ a col t4c a 1 -o 04 { j oQ~ 0 09 . 4 .0 f a ~ ~ U` RVA s O x O O y ~ Cos a a s. :Lw `v4y `y b SC~~ ~Cll M 1o 31 z io NN z ti. . J - t - larm - `~+►AIBi-YTA 1 i Denton, Texas . (City) (State) ~?ii nua r y. ~4, .397.9... $3,148.65 For Value Received, 1, we, or either of us, as principals, promise to pay to the order of The City of Denton the sum of Three Thousand one Hundred Forty Eight & 65/100---------Dollars ($3,148.65 ) in lawful money of the United States, at Denton Texas , but, upon default, at Denton Texas, with interest thereon from date until maturity at the rate of 7% per cent per annum, payable as it accrues. Matured unpaid and interest shall bear 10% I principal per cent interest per annum from date of maturity until paid. This note is due and payable as follows, to-wit: The principal and interest of this note is payable in sixty (60) monthly installments of $62.37 each month, the first installment being due and payable on or before the 15th day of January, 19790 and one installment to become due and payable on or before the lath day of each suc,,eeding month thereafter until the whole principal sum is paid. I ' I i 'I It is expressly provided that upon default in the punctual payment of this note or any part thereof, principal or interest, as the same shall become due and payable, oaacf~Qisa~p)ssfsfse~wtfeicxfcxl~fdt~OKC j amioeetixztastaxnitxemtaat~t~mcMxgf~~dlexida4x~rrateRU4!>c the entire indebtedness ~sac~ed she afbexxeexbtmxsi eat shall be matured, at the option of the holder; and in the event default is made in the promptopayment of this note, when due or declared due, and the same is place) in the hands of an attorney for collection or suit is brought on same or the same is collected through any probate, bankruptcy or other judicial proceedings whatever, then the makers hereof agree and promise to pay all costs of said collection, inriudirq reasonable attorney's fees. This indebtedness is secured by not applicable. i i i i i I REEVES e ~ 7q 7 t I t t! I, I m JJI J i 1 ~ I ! ~ er O m ~ ' n ~ - i AY 03AI3O3Y lYIOl 191MUN1 IVdIONInd 31V0 AG O3A1303M -IVlOI 193W31N1 IYdIONINd VIVO allaaa~ 4 ~ CnrzA~i~'tra~~ n~ ~Itt~itl•FtttrY Ir~L~;~.^. COMPANIES AFFORDING COVERAGES co,';:Aw p United States Fidelity 6 Guaranty TITTER A Baltimore, Maryland ROSS & XERGER, INC. El,-ANV 1Z United States Fire P.0 BOX 1133 LEn`R v Atlanta, Georgia JC SON, h11SSISSIPPI 39205 LEI FR V C rE the House OF I115LI'anCE sin,.E 1860" - -COMPANY LETTER NAVE A"b AnrvPESR OF 1. ,-RLD REDD PEST CONTRIDL Post Office Box 9856 Jackson, Mississippi 39206 This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. COM1IPA%, EXPIRATION LETTER Tr PE O°: NS'JPANCE POLICY NUA11<1? DATE LIMITS OF LIASILITY GENERAL LIABILITY T 500.000 _EACHOCCUaPENCE eOOILr Ir1J U RY 500 000 AGGREGATE A (~(Y~~ co"aPREHEr.s VE Fovr,l 100,000 FX1 FPEMI5ES-OPERATIONS 100012270 1/1/80 PROPERTY DAMAGE 1 EACH OCCURPENCE F©-1 EXPLOSAIION A .D COLLAPSE 100,000 AGGKGAiE HVRD ERGROUND HAYAPD OPERATIONS G7 UND IOU, 000 AGGREGATE PROTECTPVE PAODUC OPERATIC', PLEiFD no, 00 5 HAZARD I AGOREG.ATE PgODUCii L© CONTRACTUAL INSURANCE AGGREGATE L1' 13ROAD FOPPO PROPERRY CONTRACTUAL DAMMGE S INOEPCADEt;T CONtRACiORS BODILY INJURY AND PROPERTY DAMAGE EACH OCCURRENCE L.1 FERSONAL P,J',.PY COMBINED AGGREGATE AUTOMOBILE LIABILITY E=LY INJURY S EACH PEASO'I [El COMPREH£NS-IE FORM BAP17110 l/l/80 EACH OCCURRENCE A 0'A NED PROPERTY DAMAGE S Ly HIRED EACH OCCURRENCE BOCIiY INJURY AND NON OMs TIED PROPERTY DAMAGE S EACH OCC UP.REN CE CON'BINED 500,000 IFXCESS LIABILITY pp 8 001LY INJURY AND B 0.4 UMBRELLA 5230244646 1/1/80 PROPERTY DAMAGE S 1,600,000 EACH OCCURRENCE El OTHER THAN N U W0 'r BPELLA EOgM COMBINED Y;'OR%ERT COMPENSATION STATUTORY E S1ATE5 A +^Q 24143950055150 1/1/80 100,000 PIS,LA,FL EMPLOYERYLIABILI'iY (EACHACOCENT) TX,TN OTHER I Cancel'ation: Should any of the above described policias be cancelled before the expiration date thereof, the issuing company will endeavor to mail ten days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the con,pony, THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONL• AND CONFERS NO NIGHTS UPON THE CERTIFICATE HOLUCA. THIS CERTIFICATE 00101 NnT AVTND. EXTEND OR ALTER THE COVERASE AFFORDED BY THE POLICIES LISTED. CERrIFICJOE City of Denton DATE Is - - i 3f7 - ISSUED TO. Y - /s Municipal Building Denton Texas 76201 r r ~L AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY 0 N THE 16TH DAY OF JANUARY, A. D. 1979. R E S O L U T I O N WHEREAS, the City of Denton commenced an ambulance service that is now part of the City of Denton Fire Department; and WHEREAS, officials from the City of Denton, County of Denton and other Denton County cities and towns agreed that certain cities and towns as well as a certain portion of the unincorpo- rated area of Denton County would be provided ambulance service by the City of Denton; and WHEREAS, agreements have been prepared and approved between the City of Denton and other cities and towns in Denton County for providing this service; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That the ambulance contracts between the City of Denton and other cities and towns in Denton County are hereby approved and the City Manager or Mayor of the City of Denton are hereby auth- orized to execute the same on behalf of the City of Denton. PASSED AND APPROVED this the 16th day of January, A. D. 1979. rY 'ITC1 L, MAY R OF DENTON, TEXAS ATTEST: P ROOKS HOLT, CI Y SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LFjAL FORM: .-SHIAMI, CITY ATTORNEY CITY OF DENTON, TEXAS r ..y i•: . _ 1. .r. THE STATE OF TEXAS CONTRACT AGREEMENT COUNTY OF DENTON X This contract and agreemeit made and entered into on this the day of , 1978, by and through the City of Denton, Texas, acting herein by and through its Mayor, there- unto duly authorized by resolution of the governing body of Baid City, hereinafter called "Denton", and the City of , Texas, acting herein by and through its. Mayor, thereunto duly authorized by resolution of the governing bode of said City, here- inafter called WITNESSETH: 1. Denton hereby agrees to provide.ambulance service to the citizens of said 2. Denton hereby agrees that (1) the Denton County Ambulance Committee may inspect and evaluate all equipment and service being provided by Denton at any time and (2) that prior to receiving'any monies from , Denton's ambulance service will meet or exceed all standari.s of equipment and service as determined by the Denton County Ambulance Committee. 3. That agrees that the acts of any person or persons while zesponding to an emergency ambulance call, traveling to or from said calls or in any manner furnishing emergency ambu- lance service to the citizens of , Texas, oirtsi.de the city limits of the City of Denton, shall be considered as the acts of independent contractors serving in all res- pects, insofar as such person or persons may be regular employee3, firemen, or independent contractors of the City of Denton, and the City of Denton agrees to carry liability and malpractice insurance on,the vehicles and personnel. 4. Zt is expressly agreed anO. understood by the parties here- to that the ambulance service agree, t-_ be furnished by Denton is necessarily subordinate to the best interests of the citizens of the City of Denton, and that the determinatirm of wnether or not personnel and equipment are available and also the number of per- sonnel and amount of equipment to be sent, if any, in the event of the need for ambulance service must necessarily be left to the ion of Denton., It is, however, the City'$ intent to•, .discretion provide such servi.cs pursuant to this cotract except during periods when personnel and/or equipment are not available. 5. It is understood and agreed by the parties hereto that if for any rea3on whatsoever Denton does net furnish personnel and/or equipment for ambulance service outside of its corporate limits, although notified of the need for such service, that Denton shall not be liable in damagis or otherwise for the failure to furnish the same, and enters into this agree; r ment with this understanding. 6. agrees to pay Denton ) Dollars to pro- vide ambulance service to the citizens of for a period of one year. 7. The City of Deraton is not prohibited by this contract from charging any patient using such services fees as may be pro- vided by Ordinance of the City of Denton, Texas. 8. ? c„ Expressly understood and agreed that, in the exe- cution of th_ contract a.id agreement, neither Denton or _ waives, nor shall be deemed hereby to waive, any 1 immunity or defense that would otherwise be available to it against 4 claims arising in the exercise of governmental powers and functions. 9. This contract :nd agre"ment shall continue and be in full I t force and effect until such time as either oarty hereto, by notice to the other, may terminate the same, such termination to be effec- tive not less than ninety (90) days after-the giving of such notice. 10. At the expiration of the primary terms hereof, this con- tract may be renewed and extended from year to year without the i necen6ity of additional formalities or resolution; minutes orders of both parties' governin; t•odies beine+ sufficient. -2- a ,W -s Executed at Denton, Texas,.on the day and year first abo,te wrieten. CITY OF DENTON, TEXAS BY.- ~C.~G~. J MITC ELL, MAYOR ATTEST: BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS CITY OF SANGER I~ BY : ATTEST: CITY SECRETARY CITY OF SANGER, TEXAS i i i -3- 1 d. r° ~ } X r { ~ 4+~~ r ~ ~E~..~ } ~ .~a~~: r NO. - 1 THAT THE CODE OF ORDINANCES OF THE CITY OF VENTON, TEXAS, IS HEREBY AMENDED BY AMENDING CH?'PTER 14, ARTICLE It SECTION 14-4 "DISCHARGING FIREARMS" TO ALLOW THE DISCHARGE WITHIN THE COR- PORATE LIMITS OF THE CITY U14DER CERTAIN EXCEPTIONS; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY OR)AINS: PART I. TL : Chapter 14 "Offenses and Miscellaneous Provisions", Article I of the Code of Ordinances for the City of Denton is hereby amended by amending Section 14-4 "Discharging Firearms" which shall hereafter read as follows: "Section 14-4. Discharging Firearms A. Discharging Firearms Prohibited. It shall he unlaw- ful for any person to fire or discharge a firearm, rifle, shot- gun, automatic rifle, revolver, pistol, or other weapon designed for the purpose of firing or discharging a shell or cartridge, whether the shell or cartridge 13 blank or live ammunition, within the corporate 1 its of the Cite. B. Exceptions. (1) When the firing is done by a lav enforcement peace officer acting in the performance of his official duties. (2) When the firing is done at a shooting or firing range operated by an agency of the United States Government, State of Texas, the County of Denton or City of Denton, or which is privately operated if approved by the Chief of Police. (3) Wh , the firing is done using blank cartridges for a show or theatrical production, or for signal or ceremonial purposes in athletics or sports, or by a military organization. (4) When tho firing is done in a shooting gallery or gunsmith's establ.iahment and when such shooting gallery or gun- smith's establishment is properly f$.tted and arranged for the purpose so that no danger arises therefrom; provided, however , that no shotgun of any character, nor any pistol or rifle larsi(r than twenty two (.22) caliber shall be used in a shooting gallery, and that no shooting gallery shall be lawful in a gunsmith's establishment except in connection with the necessary repair of the firearm used. (5) When the firing is done in the necessary and lawful protection of person, premises or property, or a justifiable or excusable homicide situation. PART II. Any person who violates any provision of this ordinance shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished by a fine not co exceed Two Hundred Dollars ($200.00). Each day such a violation shall continue or be permitted, shall be treated as a separate offense. PART Ill. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is t.eld invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of t,-,is ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. PART IV. That Niel ordinance shall tacome effective fourteen days from the date of its passage, anu the City Secretary is hereby directed to cause the caption of this ordinance to be publishe'l twice in the Denton Record-Chronicle, the official newsper3r of the City of Denton, Texas, withii. ten (10) days of the date of its passage. PASSED AND APPROVED This the 16t y of January, A. D, 1979, MAYOR JO I L ATTESTt) i 0 T, CITY SECRETARY APPROVED AS TO LEGAL FORMt r PAUL-Co ~2 I SHAM, etz- CITY AT RNEY 1 1 I , ~A r ~F~ h~ J 1 SC~ 7 i e I' • app 1 7~,.}. T A l~ r ti i t ..t p ~.7.y"9r 114,li a €i~'r {''~-dap ~.r r r ` t *1 .r ~ S(`.acd ~ ° A! Ca ✓ r ~ i 9 ..A -1.{il~ryh,~ ~irs7t~=.. .c AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, . TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 16THt DAY OF JANUARY, A. D. 1979. "t ; J R E S O L U T I O N WHEREAS, there is a need for a sheltered workshop for handicapped, disabled and mentally retarded persons in Denton a, County; and WHEREAS, the City of Demon's Human Resource Committee has recommended such a workshop; and`'. 0 WHEREAS, the Denton County Community Co,incil is attempting .iIA •JfV to establish a sheltered workshop for the disabled, ii°catally ?'t retarded and handicapped; hJ 11OW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: p That the Denton County Community Council be encouraged to t, establish a sheltered workshop for the disabled, mentally re- tarded and handicapped in Denton County, and that all citizens and ~a agencies gi`ie their support to such endeavor. PASSED AND APPROVED this the 16th day of January, A. D. 1979. r 9 J I HE , MAYOR Y OF DENTCN, TEXAS ATTESTS x,. r :'S fi0 T, I S ETARY ✓C I TY OF DENTON, TEXAS r' APPROVED AS TO LEGAL FORM: P L ISt .0 CITY ATTORNEY CITY OF DENTON, TEY.AS ~4'~r -v f I l i CERTIFICATE FOR ORDINANCE DIRECTING THE ISSUANCE OF NOTICE OF SALE OF BONDS. THE STATE OF TEXAS COUNTY OF DENTO CITY OF CE:1T0:; t:-:e undersigned officers of said City, hereby certify as follo,. s: 1. The Cit.; Council of said City convened in RI EGCLyR }IEE T I JG _14' THE 15TH DAY OF JANUARY , 1979, at th- Municipai Building ~Cit;; Hall), and the roll was called of the dui;: co::stituted officers and nenbers of said City Council, tc-.:it: Brooks Hoiit, City Secretary Joe Mitchell, Mayor Bill Nash Dick Stewart Elinor Hughes M3r.y Claude Ga; and all of said persons were present, Pxcept the following absentees: , thus constituting a quorum. whereupon, among other business, the following was transacted at said meeting: a written ORDINANCE DIRECTING THE ISSUANCE OF NOTICE OF SALE OF BONDS was duly introduced for the consideration of said City Council and read in full. It was then duly moved and seconded 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". NOES: None. 2. That a true, full, and correct copy of the aforesaid Ordinance passed at the Meeting described in the above and fore- going paragraph is attached to and follows this Certificate; that said Ordinance has been duly recorded in said City Council's minutes of said `fleeting; 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 th=, 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. `.he time, place, and purpose of the aforesaid Meeting, an,.' that :aid Ordinance would be introduced and considered for passage at Baia ,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 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 said City nas approved, and hereby approves, tie 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. NE A D SEALW t'.ie 16th day o` la y, 1979 City ecretary Mayor (SEAL) - - - - - - - - - - - - - - - - - - - - - - - - - - we, the undersigned, being respectiveiy the City Attorney and the Bond Attorneys of the City of Dentor., Texas, hereby cer- tify that we prelared and approved as to legality the attached and f,;llowing Ordinance prior its_pas~sage as a fore3aid. City AtL,)rney Bond Attorneys • ORDINANCE NO. 794 , OR_nINANCE DIRECI_:G THE IS$d ANCE OF NOTICE OF SALE OF BONDS THE STATE OF TEXAS ~ COUNTY OF DEN'TON' CITY OF DE.iTON T:i: CCT_:CIL 'OF THE CITY OF DENTON HEREBY ORDAINS: 1. That the City Secretary is directed to issue a Notice of sale o' Bonds is substantially the following form: OFFICIAL NOTICE OF SALE CITY ^F DF.NTON, TEXAS $4,000,000 WATERWORKS AND SEWER SYSTEM REVENUE BONDS, SERIES 1979 $4,, Ij,000 GENERAL OBLIGATION BONDS, SERIES 1979 The City Council of the City of Denton, Denton County, Texas, will receive sealed bids at the Municipal Build- ing, 215 E. McKinney Street, in the City of Denton until: 7:00 p.m., Tuesday, March 6, 1979 for the purchase of: $4,000,000 waterworks and Sewer S`/stem Revenue Bonds, to be dated March 15, 1979, and to mature serially July 15 each year 1981 through 2000. $4,500,000 General Obligation Bonds, to be dated March 15, 1979, and to mature serially March 15 each year 1981 through 2000. Sealed bids, plainly marked "Bid for Bonds", should be addressed to "Honorable Mayor and City Council, City of Denton, Texas", and must be submitted on the Wficial Bid Form" to be made availiole by the City Council prior to the date of sale. All sealed bids will be publicly opened and tabulated before the Council. Copies of the "Cfficial Statement", "Notice of Sale", and "Official Bid Form" are being prepared and will be mailed to prospective bidders on or about February 20, 1979, and will be £urni:-ned to any prospective bidder upon request, Dy First Southwest Company, 900 Mercantile Dank Building, Dallas, Texa3, 75201, Financial Advisors to the City. The City res2rve4i the r' .nt 1_o rejeC in and a1'. bids and t0 6aivc., any and 11. iL. Sy r:. r o;. Lty c it 31v~F5 _ 'it'. S,c,' - 2. That said Notice shall be publishau once in The Bond Buyer, New York, 'New Which is a national publication regularly and primarily carrying financial news and municipal bong sale notices; and said Notice also shall by publ..shed once the "Denton Record-Chronicle", which has been desiariated as the official newspzper of th? C ty of Denton. Said publica- tions shall ba made at leas*_ thirty days prior to the day set for receiving bids. I `{P}7( y~ 1 nC[ l a~ ~ ~ ~ ~ r ~ _t ~ I "C' ~ +r ACCEPTANCE OF FRANCHISE Golden Triangle Communications, a partnership of Golden Triangle Cormunications, Inc. and Cox Cable of Texas, Inc. (these companies being wholly-owned subsidiaries of Denton Publishing Company and Cox Cable Communications, Inc., respectively) hereby accepts the franchise granted to it under Ordinance No. 79-1 to erect, maintain and operate a cable television system within the City of Denton for a term of ten (10) years. Golden Triangle Communications further accepts the cable television Ordinance and all the terms, conditions and pro- visions incorporated by means of Ordinance No. 78-21 and agrees to abide by, observe and perform all the terms, con- ditions and provisions of said ordinances. Golden Triangle Communisations hereby declares that the statements and recitals set "orth in said Ordtnancea are correct and Golden Triangle does hereby make all of the agreements, statements and admissions required by the terms of and under the ordinances. The undersigned affiants assert that they are officers of Golden Triangle Communications, Inc. and Cox Cable of Texag, Inc. and are authorized to execute t?i.is acceptance on behalf of the Partnership. IN WITNESS WHEREOF, Golden Triangle Communications has caused this acceptance to be executed the 18th day of January, 1979. PARTNER: PARTNER Golden T a:igle Communications, Inc. Cox Cable of Texas, Inc. By BY: ,r %4kAJ TP I'm APit ey Roy A pleton, Jr Vice President Vice President J-t i F ;rri Notttar „Pu is d~ l)' Nclly k:.' ~ r . ~ ~s <Tr ~ ~ r F_ y_, NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING TO GOLDEN TRIANGLE COMMUNICATIONS, A PARTNERSHIP OF EUBSIDJARIES OF DENTON PUBLISHING COMPANY AND COX CABLE COMMUNICATIONS, INC. OF ATLANTA, GEORGIA, THEIR SUCCESSORS AND ASSIGNS, A FRANCHISE TO ERECT, MAINTP.IN AND OPERATE A CABLE. TELEVISION SYSTEM, ITS STRUCTURES AND APPURTENAFCES THERETO, IN, OVER, UNDER, ALONG AND ACROSS THE PUBLIC STREETS, HIGHWAYS, ALLEYS, BRIDGES AND OTHER PUBLIC WAYS AND PLACES IN THE CITY OF DENTON; ESTAB- LISHING RATES TO SUBSCRIBERS AND PAYMENT TO THE CITY, ESTABLISHTNr. CONDITIONS FOR THE USE OF THE STREETS AND OTHER PUBLIC PROPERTY; PRO- VTDIA.RULES GOVERNING THE OPERATION OF THE SYSTEM; PROVIDING FOR A SEVERABILITY CL7'USE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas enacted Ordinance No. 79-21 "Cable Television" on May 2, 1978, which sets out definitions; pro- visions governing the length, renewal avid transfer of a certificate of franchise; franchise territory; technical standards and specifi- cations; loca]4 regulatory framework ,.nd regulations; provision for I arbitration of disputes; and other matters; and WHEREAS, the City of Denton, Texas prepared a "Request for Cable Tnlevielon Proposals" and an "Application for Cable Television System Franchise" for the awarding of a franchise; and WHEREAS, two proposals were received by the City of Denton; and WHEREAS, the City administrative staff, the CATV ;..dvisory board, and the city council,, with the help of the Cable Television Information Center, evaluated the two app?ications and held several public hearings affording due process to all involved; ani WHEREAS, Golden Triangle Communications submitted a proposal for such franchise and the City of Denton desires to award the franchise to them; and WHEREAS, said franchise shall be in accordance with Federal Com- munications Commission rules and regulations and City Ordinance No. 78-21; NOWO THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINSs PART I. Section 1. Subject to the terms and conditions mentioned in this ordinance and the provisions of Ordirance No. 78-21 "Cable Television" and any amendments thereto, which is incorporated herein and made a part of this franchise ordinance as if set out full7 herein, the City of Denton, Texas, hereinafter called "City" hereby grants to Golden Triangle Communications, a partnership of subsidiaries of Denton Publishing company and Cox Cable Communications, Inc. of Atlanta, Georgia, hereinafter called "Golden Triangle", its successors, lessees and assigns, consent to use the present and future streets, alleys, highways, bridges, public places, public thoroughfares and grounds of the City for the purpose of erecting, laying, maintaining, and operating therein and thereon poles, towers, anchors, wires, cables, electronic conductors, conduits, manholes, and all other pertinent equipment needed and necessary for the maintenance and operation of a cable television system for the interception, sale, transmission and distribution of television programs and other audio-visual electrical signals and the right to transmit the same to the inhabitants of the City for a term of ten (10) years from the effective date of this ordinance. SECTION 2. Company agrees to pay and City agrees to accept, on or before the 31st day of March, 1980, and on or befora the same day 01 each succeeding year during the life of this franchise, up to and in- cluding the year 19900 a sum of money to be known as a street and public way rental charge which shall be equivalent to three (38) percent of the gross annual revenues from all sources attributable to the operations of the grantee within the City and the Service Area, whicr annual payment shall be for the rights and privileges herein granted to Golden Triangle, including expressly, without limitation, the rights to use the streets, alleys and public ways of said City. It is also understood and agreed that during the life of this franchise the above charge, measurerl in the manner hereinabove provided, shall be the entire and maximum clrjge which the city shall be entitled to make for the use of the streets, alleys and public ways. In order to determine the gross receipts received by Golden Tri- angle, Golden Triangle agrees that on the same date that payments are made as provided in this section, it will file with t1,e City -2 Secretary a sworn report showing the gross annual revenues from all sources attributable to the operations within said City limits for the calendar year preceding the date of payments. City may, if it sees fit, have the books and records of Golden Triangle examined by a representative of said City or independent public auditor employed by the City to audit the same to ascertain the correctness of the sworn reports agreed to be filed herein. That the City agrees that the consideration set forth in the preceding section hereof shall be paid and received in lieu of any tax, license, charge, fee, street or alley rental or any other character of charge for use and occupancy of the streets, alleys, and public places of the City; in lieu of any pole tax or inspection fee tax; in lieu of any easement or franchise tax, whether levied as an ad valorem, special, or other character of tart; and in lieu of any imposition other than the usual general or special ad valorem taxes now or hereafter levied. Should the City not have the legal power to agree that the payment of the foregoing cash consideration ohall be in 'ieu of the taxes, licenses, zharges, fees, rentals, and easement or franchise taxes aforesaid, then the City agrees that it will apply so much of said payment as may be necessary to the: satis- faction of Golden Triangle's obligations, if any, to pay any such taxes, licenses, charges, feed, rentals, and easement or franchise taxes. SECTION 3. USE OF PUBLIC PROPERTY A14D CONDITIONS OF USE. Golden Triangle shall use the public streets and property of the City in order to build, construct, renew or maintain its cable television system in accordance with the provisions and requirements of Section 27-59 of ordinance No. 78-21. SECTION 4, NO EXCLUSIVE PRIVILEGES CONFERRED BY THIS ORDINANCE. That nothing herein contained shall be construed as giving to Golden Triangle any exclusive privileges. -3- SECTION 5. SUCCESSORS AND ASSIGNS. That the rights, powers, limitations, duties and restrictions herein provided for shall inure to and be binding upon the parties hereto and upon their respective successors and assigns. SECTION b. LIABILITY OF CITY. That during the period this or-iinance is in existence and enjoyed by Golden Triangle, Golden Triangle shall in- demnify and hold harmless the City from any and all claims for losses, damages and injuries occasioned to or sustained by any persons, firms, or corporations, or their property by reason of the existence, main- tenance, operation or continuance of this ordinance and the exercise of all rights herein contracted for, except as herein otherwise pro- vided. SECTION 7. DELEGATION OF AUTHORITY. That the City may delegate to a desig- nated official or officials the exercise of any and all of the powers conferred upon the City hereby or by applicable State statutes and law which relate to the supervision and regulation of a cable tele- vision company in its exercise of the rights and franchises herein conferred, but the governing body of the City shall reserve to itself exclusively and to the full. extent possessed, all powers, if any, to fix and regulate charges and rates of Golden Triangle given the City by law and this franchise. All lawful powers not delegated by the governing body of the City are reserved to, ant shall be exercised by, said governing body exclusively. • That at all reasonable times, during the continuance of the rights herein granted, the ceneral offices of Golden triangle shall be open to the said governing body or its designated official for in- spection of original contracts, books of account and cost operating records pertaining to its operations covered by this franchise. Any method of accounting heretofore or hereafter adopted or authorized by any law of the United States or of the State of Texas or under or pursuant to the authority of any such law shall be deemed proper and sufficient accounting as to all matters covered thereby. -4- SECTION 8. RATE REGULATION. That it is mutually understood and agreed that the regulation of rates to be charged by Golden Triangle to the in- habitants of the City iE pursuant to Section 27-52 of Ordinance No. 78-21 of they City of Denton. The initial rates to be charged by Golden Triangle are attached to this ordinance as Exhibit "A" and are i„uorporated herein and made a part of this ordinance. Such rates shall remain in effect and not be changed for a minimum ?Tiriod of two (2) years after the award of the franchise. It is also mutually understood and agreed that the City of Denton may, when considering a revised rate schedule submitted by Golden Tri- angle, consider the fair return on invested capital by using calcu- lations for the cost of capital for Cox Communication, Inc. of Atlanta, Georgia rather than the cost of capital for Golden Triangle Co.r,,ani- cations. SECTION 9. CONSTRUCTION TIMETABLE. Although section 27-44 of ordinance No. 78-21 sets out the construction timetables for servicing the City of Denton with cable television service, it is mutually understood and agreed that Golden Triangle will make the service available to the en- tire City within fourteen (14) months from the date of this ordinance. SECTION 10. CONDITIONS. The terms of this franchise shall be as set forth in the Charter of the City of Dentonp in Ordinance No. 78-21 passed by the City Council May 21, 1978; applicable Federal law and regula- tions, and the franchise application submitted by Golden Triangle oa September 29, 1978, a copy o. which is on file in the City Secretary's office and is available fir inspection during normal business hours; provided, however, that if any part of said application is found by thn Federal Communications commission to be inconEistent with their rules and regulations, such rules and regulations shall prevail. SECTION 11. SEVERABILITY. Each section of this ordinance and each part of each section hereof is horaby declared to be an independent section -5- or part of section, and the holding of any section or part there- of to be unconstitutional, void, illegal, ineffective or contrary to law for any reason, shall nut effect any other section or part of section of this ordinance. SECTION 12. ACCEPTANCE OF AGREEMENT. That Gold- Triangle Communications shall have thirty (30) days from and after the passage and approval of this ordinance to file its written accept nce thereof with the City Secretary, and to pay to the City of Denton a lump sum fee of $10,000 to par'ciilly cover expenses that the City has incurred in preparing, reviewing and awarding this franchise. Once the accept- ance has been filed and the fee paid, thia ordinance shall take effect and be in force from and after the date of its passage, and shall effectuate anc; make binding the agreement by the terms hereof. PASSED AND APPROVED on first reading this 19th day of December, A. D. 1978, i PASSED AND APPROVED on second reading this /L O day of January, A. D. 1979. 1~~IWA J I HOR Y OF DENTON, TEXAS ATTEST: v R KS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: PAUL , IS , CI T-7 Ali RAY CITY OF DENTON, TE;:AS -6- L EXHIBIT A PROPOSED RATES • Rate Schedule. All rates initially proposed in applicant's proposal must be substantiated in the financial pro forma state- ments by use of realistic ievels of penetration. Initial rates shall remain in effect for a minimum period of two years from the date of providing service to the first subscriber. List below proposed rates to be charged for basic subscriber services, commercial rates, PROPOSED RATE OFFER B PPLICAT.f multiple dwelling, etc. INSTALLATION MONTHLY A. Basic CATV Service First outlet $15.00* $7.50 Each additional outlet 7.50 2.00 Moving and/or reconnection 10.00 B. Commercial Rates (more than 12 units in one location) 1. Using existing master TV system first outlet cost + 7.50 ea.:h additional outlet cost + 3.00 (see note 1) -OR- 2. Where no existing master negotiation 4.00 TV system w/building 3.00 owner (see note 2) 3. Miscellaneous charges reconnect (per unit) $10.00 move connection within unit 10.00 C. FM Rates Installation (FM only) 15.00 5.00 Installation w/cable ser. 2.00 *Subscriber installation charges may be waived during the 12 month period following commencement of service. Note 1! Individual billing for each unit. Note 2: Compositebilling for all units. I O'T'HER RATES deposit is required for converter, state amount and describe conditions relating to ownership, use and replacement. No , ,usit Required 1 Detail proposed rates that will be charged for Pay TV, including any charges fr).r equipment installation. :here are three different Pay TV channels proposed for the City. The channels and proposed rates * are as follows: Home Box Office $6.95/month Fanfare $8.95/month Family Theatre $4.00/month The following installation rates are proposed to be effective when CATV subscribers wish to add the pay service to their existing service: Home Box Office $10.00 Fanfare $10.00 Family Theatre $ 5.00 Pay TV installation fees are waived when a subscriber pur- chases the pay service et the same time as the CATV service. * :t is mutually understood and agreed that the pay TV rates are on ,L per subscriber basis. and not a per outlet basis. OTHER RATES Detail studio and equipment usage rates. Noncommercial users (public access, governmental, non-profit groups, etc.) Access users may reserve the studio and facilities for one half hour free of charge. This half hour may be used for setup, lighting, rehearsal, etc. When actual taping begins, the first five minutes of the program are free of charge. Thus, access users who produce a finished tape with a running time no longer -2- V than five minutes, within the initial half hour, will do so 0 at no cost. Users who produce a tape within the initial half hour with a running time longer than five minutes will be charged fifty cents ($.50) pir minute for each minute recorded beyond the first five minutes. As the length of studio and video tape time increases, sixty minutes, ninety minutes, etc , the charges gradually in~.rease accordingly and reach a high of one dollar ($1.00) per minute. These costs and examples of different situations are spelled our in detail in our Policies and Proc-dures and we refer you to this section for more in-depth information. Commercial users. Commercial firms desiring to use the system's color studio for television ;production purposes may do so at an hourly rate of $:00,0". This charge includes full facilities, director and crew. Describe rates for governmental and educational facilities. (See also instructions to applicants.) Installation fees. No Charge One cable outlet (per facility): No Charge More than one outlet (per facility): Cost of time and materials only Monthly Chargee. None Describe advertising rates. Rather than copying the advertising rate met9t ds histgrically employed by television and radio stations, Golden Triangle Communications would prefer a realistic and relatively simple -3- advertising rate structure. T:ie below listed rates do not contain involved frequency discount formul.as, special pro- visions for fixed adjacencies or other charges ror run of schedule announcements. The Company wishes to make a fair return on it's programming by providing the entire Denton business communicy an opportunity to sponsor community programming. The rate schedulle proposed is one that a small businessman can both afford and comprehend. Only by involving a broad cross-section of local advertisers will local programming become self-sustaining. 60 Second Announcements 30 Second Announcements 1 $10.50 $6.00 Discounts: 10 announcements per month - 10% 20 announcements per month - 15% Describe leased channel rates. Noncommercial. A total of 2 channels have ini sally been set aside for leased access purposes. It is the intention of C'olden Triangle to make these channels available on a first-come, first-serve basis. Qualified non-commerical users wil!. be provided access to either full-tune or shared channels at no cost. Two-way circuits and service will be available to government agencies, educational, medical and other institutions via the Denton system's Special Serv{ces Network Cable. There will be no cost to the institutions for use of this two-gray video/ audio link. commercial. At the present time, there is little ex,erience withi;, the cable television industry concerning the use of leased channels for such purposes as digital transmission, meter reading, sub- scriber polling, etc. The leased channel rate will 1,e determined -4- 4L' in part by the extent of the system's involvement through additional equipment and manpower. These variables make it impossible to predetermine rates or project revenues for leased channels at this Rates will be fair and conpen- satory to the system. A loc• lease tariff that does not re- flect the true value of the channel creates a situation where the system's basic cable subscribers are in effect subsidizing; a leased channel business. Golden Triangle will make every effort to ?ssist in the development of sound, productive uses of the cable system's :eased channel capacity by local businesses and other groups. The Company believes proper utilization of the system's leased channels to be an important community service. As a result Golden Triangle will be extremely flexible in its policies so as to encourage full use of these channels. New approaches, experimentatioci and trial and error will all be ner_essary be- fore these channels can become significant ,actors in the community or viable business enterprises. State any other rates anticipated but not mentioned above. N/A 1 ~.q r.i 1 :T ~Y- lrrl n F ~ ~ ff a s ti Iv t I f~ Ci-)t'NTY C1" 1 ThL:; C'ililtYdl:t: illld a1,:Ct'iaililL ri.2l(ll l,il:l ellt.erefl JIli o oil Ltli!i tll(_ 4 t}( day of J a n I in ry 1,979, by 111(1 i:irrr)t:yll Hl,? City of I neon, 'IOX,I:i, -lCtlIVf I lr~J',°111 1) y i!(1(1 t'In o11(,h l l ri '01:, t11~17C ' 1)1)Lu (lul.y ;niL1uJ)-i r:^d 1)y Yi?:JO1. III- 7. nil Of Liii? C 1`. ()f .:~.(i.r1 } , CA t. i'. oil" i dllrl t.l?C. O _ .K-r_ um 'i. ....;i, t,r•rl(J II I)y .`art t: 117:011111 1.1 ::S .'.,il•`r i.lli.hc~ciz• :f by nl sc l.uti.on of t-hr govornhyj t O.~' City, i.naf''.e1: called - 1. Denton 1:, 1)y a(jr:(_o:i to provide ;'vlcc Lo '.111: citi e11s of said Krum 2. De11Lon ne;:ol)y aga:ees UmL (l.) the County Anibulance collirni.tt.ee may ins_;er_(. and eval.tiille all e(:u-1an.l sor.vic.o b,,J*ny provided by Deiitc:l at any and (2) ti(.lt . .f,-,r to rccrivin(J ally monies from Krum - gc'nf.nil", "All mrc1, or exceed all S1 L.C: !L'C: of` u(11lipu4ellt .11112 1?.Y'.1 la°t_ Y.'a11Ile(1 })y the DCTILUn CU1111i:y F,rahu.lan(:e C07j11Oi.f.:tC`.e. 3. That - Denton - arlrces L'.hal_ the _tc'.. o ;I1,y pclrsol( er p irsons while Y.CI'ipUlldlll'J to an r.lnergoncy R;; til;', ^.!J;? r: ill tril~IQl.1,11(J to or frorl said calls or in any m.lnner: f:urili::`.'al c: -r.-jnncy am%li- l-ance sorv]ce Lo tho citi.%ens of Krum ouL,S.tde the cii-.y l.inu.ts or the City of: 1)cnton, shilll con:', :.:red ar. Lhe As of. i11dc,uendens concru:Lors r;er.v.iluf Krurn in all peets, insofar i s Sruch person or peroonr, way bl: 1; C(~lEl( r: fl101)l-Oy(:>: Si, firc,non, or llttl(:L@•rid(.nt conh-:i(:t!lro of the City of, and the.. City of Dr!ntoil a,,rnes to orrery l iold.l i ty and n:)1pr:a(:J1.'-r:r in^ur•Ilnce on the vehiclra and per(;onnr)t. 4. 7' is expressly agrcerl and tln(lntsLonr? by Lhc parties hcze~ to that the uroi)u ~anc!7 servlcc~ agroed I'o he firm r;i1A(1 by Di~nton is Iu!cessar..l. y ::ubo.t•ril,niltr ((7 Lhr. 1)c:;t irluc'1:ao-;L:; of t ho ci.L•irens of i-h% City of lh!I1tl(".1, wirl ib:O f.l(L ri~t('ri9i11lt:lOn of Yrhol.her or nvL 1,C'k`k1(lnE,t l- (f C. Ci E'(-11!J f~c.r. rlh :11-•? o, y~.i i.,f ll,[• it llti it 1. ;'C) t-lio IIt11n}p:,c fir k l>.;','_ 1 .f: - J i Ili: i.,I'C'i(i: ( f, f'.' r l I 21!7'i', n S:}1!' l' iti' Ot J -J I!,I-]il for x,,") u 1. x.711170 1C'Y'VI.C:~? Illl1't ,ll:•CE?`; 1; it l:lly bC'. iC 1:t L.o LllU Cl]_f;cl-cticn of r%cntoll. ].t .ia, lU lFiCVE th(? (,it-y',; illicnI_ to provide sllcia fi :1 !'V LCe purU iuun(: to ~1711i con Lt'act rxi--c7'if: Ourlncl p(Jriotls :1.1-n pwr.-';,)nnel ilildlol: iPqui.tJil.(?111: <l_-e not ava7 5. It s. u.lu•rrsLuucl tend +rclrec"i by tlt 1);t -l i. t Et.rl. i.J: fEli' SCif 1'C 1,C1(.`il Etill_!,ol`•:%C'L' 11 r.`n LOR c (7Cl:i lj( 1L"n ._'sE~'ln ano/ev: c-.Ili, 11L f")T- c, bLt1 o `i C't: v!,C~ ULi I:Si~ln i'L limits, alf_liough noti.f_ied of the heed for such Denton 31X:.1.1 not- bf? .Liable ill r;;wagns or '11,1 failti-ro to f).)rt)l h the F2.aVl, tallCl t_1'L1Gl_._._~..___._..v (.'.I11'?_";i :r1 i~v °:i:l)i tl(~L'C?i?.•~ Fiellt with this 11n R1rSCoarldi.tlrj. G. Krum____._ agrc(,s to pay DcnLon upon billing' y 5~X__.bltnlirgrl Fifty dolli,rs------ Do .Iar.s to pro- vide alubulance servico to the citizeno of Krrlm a 1)ariod of one year.. 7. '.Clio City of Denton is not prohibi- this contrraot from charging ,gay pnti.enL ll'.i.lllu sl ic-11 Ilay bo i)l:o-. vided by Or.cli.nancc or the C'i.ty of DcuLon, "e:..: . 8. it is expressly undo :;L-ood and :Igre :>c tLnt, in the exe- cution of this contract- cull arfreemr ut, nei.Lll.-c ;.ton or Krum waives, nor shall bo dccino 1 lrarc?b to ai. .l, any immunity or Oefense that would. cAhor.wi.se be lable tc it agoin;;t claims arising in the exorcisj of govo.rwt ,ental ::o7l8r> and fllr7 C.t V11 9. contract" and agrr_cmr:nt rfli..M cc,nhimle ~7.na Ue in full force and effect until such time as cit'ner party hurc,-1-j, by noU.c•cl to tho U::11iTr, may l:frwinib,? tl'c samo, such termiiiatio:I to lr, cJ.tc'. tivo not loss than n.i)tr_ty (90) after the giving of such not:jcn. 1.0 '.t Lh^ expiration o` tha prisllary terms Hereof, this con- tract- may he tcncn.,,cl and exLended from year to year, cri tllouL• tho nvicessi ty of .wd(lit.lonal f,)Lrnali.tics (-,I' rceiolution; Ininut.ey or.dcr-:1 Of ))Utli 1)ilrti.03' guvernitlg bodies heinEj sufficient. .-7.- J l~yri llS.. C({ its: 0'711{: VI1~ 'i~.•.11i~ ~);l-ill; I~~;'~ :i lll~ YC,I I~ ll.~!S~ fl }YJVU 7l1: .1. i. if'.R. Krum BY: b'. I,.. Fowler Xayur ATTEST: City of Krum KRUM 1