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Home My WebLink About03-1979 MA RC 14 19 79 C.114-STANDARD SALE CONTRACT blartin Stationery Co„ Dallas, Texas THE STATE JF TEXAS ) } BY THIS AGREEMENT AND CONTRACT, COUNTY OF DENTON ) Parties Irwin Zitzelberger hereinafter called Seller, acting through the undersigned and duly authorized Agent, hereby sells and agrees to convey unto City of Denton # Texas , hereinafter called Purchaser, the following described property: Lying and situated In the City and County of Denton,, State of Texas and more particularly desr:ribed as shown on Exhibit "A" attached hereto. Properties I' the purchase price Is E6 ,000.00 payable as follows: Cash at closing >i M7a1dcc0alcstlsG>bN)tabtoaxiarotDcRasdEC~Cxk7tlbx>rt~cb~rnclt~E~sook mzwkr+ws[aaef4sxxadxbf x ldt~1tkx*yItat>sne~Cflstt<tA~kq!#>~RS{Sdyt Terms 1j ~~ff 71pKwfOxxaaotKiHmtexxxxxto>Lxlaxufcd~faihmdtoi~d~IlxlotaicbWt3co6TucoekltiAtKQOxerxdt~ 'k ~~Ebe~aetosic>~3tot~ultxxJelssex5ax+~noasxend~drtxv~4cx Seller agrees to furrdah Title Insurance Policy to said property, which shall `e conveyed free and clear of any and all encumbrances except those named herein, In accordance with the terms of the Real Estate License Act of the State of Texas, you, as pur- chaser, are advised that you should have the abstract covering the real estate which N the oubJect of this contract rxamined by an attorney of your oum selectiop, or that you should be furnished with or obtain a policy of title Insurance. If abstract is furnished, Purchaser agrees within ten days from the receipt of said abstract Title either to accept the title as shown by said abstract or to return it to the undersigned Arent with the written objections to the title. If the abstract is not returnee to the Agent with the written objections noted within the time specified, it shall be construed as an acceptance of said title. If title policy is rur- nlshed, Purchaser agrees to consummate the sale within ten dews from date title company approves title. If any title objections are made then the Seller or his Agent shall have a reasonable time to cure said objections and show good and marketable title. In the event of fallure to furnish good and marketable title, the purchase mcney hereby receipted for Is to be returned to Purchaser upon the cancellation and return of this contract, or Purchaser may enforce specific performance of same. Seller agrees when the title objections have been cured, to deliver a good and suRlclent General Warranty Deed properly conveying said property to said Purchaser, and Purchaser atrees, when said deed is presented, to iy the balance of the cash payment and execute the note a and Deed of Trust Closin herein yruvided for. S ouid the Purchaser fail to consummate this contract as epecifed for any reason, Closing except title defects, Seer shall have the right to re+aln sold cash depoaits as ❑yuldsted damages for the breach of thlo contract, = ,p~~Ahl4AVlk FypjtR *kkxxxxxxxxxxsR}tr9 *XYMx Taxes 11 Taxes for the current year, the current rents, Insurance, and interest, (if any), are to be prorated to date of closing. 130Z1 Pfi19 pcil pl9C 30QNt018c1~IWafSdO~OhQtOlbpjPJtdC481G1E)4xIQDRIQ1Ej4Ryl~C~ >{1X Ki1R6 Special Sale is subject to the approval of the City Council. Conditions Executed in triplicate this day of ~d March 1p 79 This contract subject to the acceptance of Seller Accepted: \ I WIN ZIT? 11 ER r• sr = UKK Agent toe _ THE STATE OF TEXAS, SINGLE ACKNOWLEDGMENT i COUNTY OF J BEFORE ME, the ands:elgnPd authority, in and for said County, Texas, on this day Iersonally appeared known to me to be the person whose name si bsrribed 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. 10.. Notary Public, County, Texas My Commlesion Expires SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, 1 . . . j BEFORE ME, the und:ri,gned authority, COUNTY OF . In and for said County, Texas, on this day personally appeared known to me to be the person whore 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 HAND AND SEAL OF OFFICE, This day of A.D. 19- (L. S.) Notary Publir, County, Texas My Commission Expirea............ w ~ F V ..yw ►r EXHIBIT "A" All' th.Zt certain lot, tract or parcel. of lam' Lying Mid bcincl situ- atcd in the City and County of Denton, State of TexZis, an8 boing part of tho. Un, Uoil.l Survey, Ab:~tract• No. 971, and also being pavh of a tract of lane] as convop.d from Glynn L. MA011e11. to Irwin l.i.t.zclbc rci:? by (Iced datcxl April 21, 1976, and recorded in Voluva 784, PL(JO 518 of MW Decd Itecord., of Denton County, ToYCte, and more particularly descril,cd n:: follow!;: DIX111dA.IIX; at. the! northwest: earner of ;aid i•ract, said point of be•. g.innirul ].y.incl in the ea;;t: right of way line of Bolivar Street and beinJ 62.1.0 feet (called 59.0 f:cct) ,;uuth of the .i.nter!;ection of the ea:;t 1:i.c)ht of Line oC Bolivar Street and the south right of way line of Mc1:irnucy Shred. and a.l^u being the SOIlt 1470&t corner of a tract of land Cc; convcyr:d from 1:r]icst M. porter, et ur, to the City of Dcr,lon 1,, deed datcz1 January 3, 1975 mil recordc,d in Volunle 731, Pays 137 of. Ue Deed ] ecurdr; of !7cnton County, Texarl; TIIL'NC1, nor Lh 890 SV 22" ca:;t along t )k: north boundary line of said tract a distance Of 82.16 feet to a point for a corner same beinU the northeast corner of :;aid tract; 'P)ILNCL south 01' 3l.' 38" cast alone) the cant boundary line of said tract a distance of 21.0 f.ccL to a point for a corner same bein;l the Southeast corner of said tract; TIILNCL' south 890 58' 22" wect along the south boundary like of said tract a di:,t.ance of 82.16 feel; to a point for a corner in tho ca:;L right of way line of Bolivar street said poi.llt also being the south- wort corner of said tract; T11LNCls north 0° 01' 39" west along thn'west boundary line of said tract same being the cast rif'1hL of way line of Bolivar Street. a di.;tancc of 21.0 fcoL• to the place of beginning and contalnirul 1725.36 ;;cluarc fort of ,Land, more or less. 229 Msl Hickory Box 518 Denton Texas 76201 817 387 6148 WAIN TITLE Company of Denton August 24. 1979 City of Denton Re: Denton GF20879-21 Gentlemen: Enclosed herewith is your owner's Title Insurance Policy. Your warranty deed has been filed for record, and wil, be returned to you. We have a special complete file covering your property. For pronpt, efficient and courteous handling of future title service, please feel free to call US. Very truly yours, e)jt-&Ilv' Ottis Akers Escrow Officer ITLE INSURANCE Company of Dallas Owner Policy of Title Insurance GF# 20879 USLIFE TITLE INSURANCE Company of Dallas, DALLAS, TEXAS, a Texas Corporation, HEREINAFTER CALLED THE COMPANY, for value does hereby guarantee to the herein named Insured, the heirs, devisees, executors and administrators of the Insured, or if a corporation, its successors by dissolution, merger or consolidation, that as of the date her-of, the Insured has good and indefeasible title to the estate or interest in the land described or referred to in this policy, The Company shall not be liable in a greater 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, except as hereinafter stated, at its own cost defend the Insured in every action or proceeding on any claim against, or right to the estate or interest in the land, or any part thereof, adverse to the title to the estate or interest in the land as hereby guaranteed, but the Company shall not be required to defend against any claims based upon matters in any manner excepted under this policy by the exceptions 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 entitled to such defense shall within a reasonable time after the commencement of such action or proceeding, and in ample time for defense therein, give the Company written notice of the pendency of the action or proceeding, and authority to defend the Company shall not 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 a, ply, a lid if such adverse interest, claim, or right so established shall be for less than the whole of the estate or interest in the land, then 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 t-.:ablished mzy bear to the whole estate or interest in the Imd, such ratio to be based on respective values determinable as of the date of this policy. In the absence of notice as aforesaid, the Company is relieved from all liability with respect to any such inter- est, claim or right; provided, however, that failure to notify shall not prejudice the rights of the Insured if such insured shall not be a party to such action or proceeding, nor be served with process therein, nor have any knowledge thereof, nor in any case, unless the Company shall be actually prejudiced by such failure. Upon sale of the estate or interest in the land, this policy automatically thereupon shall become a warrantor's policy and the Insured, the heirs, devisees, executors and 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 SJaxnce coq warranty of title contained in the transfer or conveyance executed by the Insured conveying rf ~1 the estate or interest in the land. The Company shall be liable under said warranty only by { B~ALtt o reason of defects, liens or encumbrances existing prior to or at the dale hereof and not t f excluded either by the exceptions or by the Conditions and Stipulations hereof, such liability r'• r s: not to exceed the amount of this policy. IN WITNESS HEREOF, the USLIFE TITLE INSURANCE Company of Dallas has caused this policy to be executed by its President under the seal of the Company, but this policy is to be valid only when it bears an authorized countersignature, as of the date set forth in Schedule A. 0'e s Oen r -a Chle f f.ec 0, r a off c ei Arrerr Vcr M1U Cenr. Sea,eury enSGensnl Cnvned - - --f _ _ AulAOrNed $~pneWre ' I 19 SCHEDULE A Amount: $6,000.00 Owner Policy No.: 0 1 761777 GF or File No., 20879-21 GA Date of Policy: August 24, 1979 Name of hsured: City of Denton I. The estate or interest in the land insured by this policy is: Fee Simple (fee simple, leasehold, easement, etc. - identify or describe) 2, The and referred to in this policy is described as follows: All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the W. Neill Survey, Abstract No. 971, and also being part of a tract of land as conveyed rom Glynn L. Mitchell to Irwin Zitzelberger by deed dated April 21, 1976, and recorded in Volume 784, Page 518,of the Deed Records of Denton County, Texas, and more particularly described as follows: BEGINNIt , AT THE Northwest corner of said tract, said point of beginning lying in the east right of way line of Bolivar Street and being 62.20 feet (called 59.0 feet ) south of the intersection of the east right of way line of Bolivar Street and the South right of way line of McKinney Street and also being the southwest corner of a tract of land as conveyed from Ernest M. Porter, et ux to the City of Denton by Deed dated January 3, 1975 and recorded in Volume 731, Page 137 of the Deed Records of Denton County, Texas; THENCE North 89 deg. 58' 22" East along the North boundary line of said tract a distance of 82.16 feet to a point for a corner same being the northeast corner of said tracts THENCE South 0 deg. 31' 38" East olong the east boundary line of said tract a distance of 21.0 feet to a point for a coiner same being the southeast corner of said tract; THENCE South 89 deg. 58' 22" West along the south boundary line of said tract a distance of 82.16 feet to a point. for a corner in the east right of way of Bolivar Street said point also being t,.e southwest corner of said tract; THENCE North 0 Deg. 01' 39" West elong the West boundary line of said tract same being the East right of vay line of Bolivar Street a distance of 21.0 feet to the place of beginning and containi ng 1725,36 square feet of land, more or less. 1.191. / DENTON USLIFE Tole Infurance Compuny of Dane, / 1301 Mil St. Danu, ramaa 75202 7aa"(T)t"a^(aLV.SUTWIN5!el1 SCHEDULE B Owner Policy No.: 1 761777 20879-21 OA This pohcy is suhject to the Conditions and Stipulations hereof, the terms and conditions of the leases or easements in- %umd, it any, shrnsn in Schedule A, and to the following matters which are additional exceptions from the coverage of this l lit}. 1. ke,tridive cotenants affecting the land described or referred to above. 2. Any discrei,ancies, conflicts, or shortages in area or boundary lines, or any encroachments, or any overlapping of im- provcmenls, 1. Taxes for the year 14 79 and subsequent years, not yeL xsue and payable 4. The iollowing lien(s) and all terms, provisions jr,,,' conditions of the instrument(O creating or evidencing said Rents): 5. Visible or apparent easements on or across the prorcrty herein describers. 6. Any portion of the property herein describe3 which falls within the boundaries of any road or roadway. ICnw I11 11N][nr p FLF' .sill nor Conditions and Stipulations I. Definitions The toIlowing terms when used in this policy mean (z) "land": The land described, specifically or by reference, in Schedule A, and improvements affixed thereto which by law constitute real property. (b) "public records": Those records which impart constructive notice of matters relating to the land. (c) "knowledge": Actual knowledge, not constructive knowledge, or notice which may be imputed to the Insured by reason of any public records. (d) "date": The effective date, including hour if specified. ? Exclusions from the Coverage of this Policy This pof,cy does not insure against loss or damage by reason of the following (a) The refusal of any person to purchase, lease or lend money on tlw land. (b) Governmental rights of police power or eminent domain unless notice of the exercise of such rights appears in the public rec- ords at the date hereof; and the consequences of any law, ordinance or governmental regulation including, but nct limited to, building and zoning ordinances (c) Any titles or rights asserted by anyone including, but not limited to, persons, corporations, governor - is o• other entities to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulls or oceans, or to any land extending from the line of mean low tide to the line of vegetation, or to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or to filled in lands, or artificial islands, or to riparian rights, or the rights or interests of the State of Texas or the puolic generally in the area extending from the line of mean low tide to the line of vegetation, or their right of access thereto, or right of easement along and across the same, (d) Defects, liens, encumbrances, adverse claims against the title as insured or other matters (1) created, suffered, assumed or agreed to by the Insured at the date of this policy, or (2) known to the Insured at the date of this policy unless disclosure thereof in writing by the Insured shall have been made to the Company prior to the date of this policy; or loss or damage which would not have been sustained if the Insured were a purchaser for value without knowledge; or the homestead or community property or' survivorship rights, if any, of any spouse of any Insured, 3, Defense of Actions (a) In all cases where this policy provides for the defense of any action or proceeding, the Insured shall secure to the Company the right to so provide defense in such action or proceeding, and all appeals therein, and permit it to use, at its option, the name of the Insured for such purpose. Wheriever requested by the Company, the Insured sha!I give the Company all reasonable aid in any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or defending such action or proceeding. (b) The Company shall have the right io select counsel of its own choice whenever it is required to defend any action or pro- ceeding, and such counsel shall have full control of said defense (c) Any action taken by the Company for the defense of the Insured or to establish tlac title as insured, or froth, shall not be con- strued as an admission of liability, and the Company shall not thereby be held to concede liability or wiive any provision of this policy. 4, Payment of Loss (a) No claim shall arise or be maintainable under this policy for liability voluntarily assumed by the lrsured in settling any claim or suit without written consent of the Company. (b) All payments under this policy, except payments made for costs, attorney fees and expenses, shall reduce the amount of the insurance pro Canto; and the amount of this policy shall be reduced by any amount the Company may pay under any policy insuring the validity or priority of any lien excepted to herein or any instrument hereafter executed by the Insured which is a charge or lien on the land, and the amount so paid shall be deemed a payment to the Insured under this policy. (c) Thu Company shall have the option to pay or settle or compromise for or in the name of the Insured any claim insured against by this policy, and such payment or tender of payment, together with all costs, attorney fees and expenses which the Company is obligated hereunder to pay, shall terminate all liability of the Company hereunder as to such claim Further, the payment or lender of payment of the full amount of this policy by the Company shall terminate all liability of the Company under this policy. (d) Whenever the Company shall have settled a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the Insured, and it shall be s abrogated to and be entitled to all rights and remedies of the Insured againat any person or property in respec! to such claim. The Insured, if requested by the Company, shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation, and shall permit the Company to use the name of the Insured in any transaction or litigation involving such rights or remedies. 5. Pofire Entire Contract Any action, actions or rights of action that the Insured may have, or may brirg, against the Company, arising out of the status of the title insured hereunder, must be based on the provisions of this policy, and all notices required to be given the Company, and any state- ment in writing required to be furnished the Company, shall be addressed to USLIFE TITLE INSURANCE Company of Dallas, 1301 Main Street, Dallas, Dallas County, Texas 75202, 6 This policy is not transferable. i "C- O~crn g~p G~n DDDm N' C)~_Q-~0 i <<n~~ o no FA ~n J c al s r =r w f O N, N O 0 0 0' Q A N O (D Q. (p y r 6 f s 3 o s c% C: o a c y M O 9< j O? p ; R m n a d 3C O 5 d 0 ~ FD' fl7 7 z o < c v y ' to ~ ~ n ? n m O b < G < < < < < t < 9 [ a n n n ~ m .ti 9 S R T A !C ~ =a~~j~g~6' X03 o n n n p n ~ ,g d ~ • E ~l. r~a~+.r~Y'Ar..-u,,.•rl ~•r.w./.Y~•i1Yr~.l►Yel-ril~ri.i..1. +r.w:.~..~•.:~ai.L ..v iL.••..~~.. F~ ul.y.~~..~ ~ . yr' e`bM.~.Lri.'iY_ r , I ~ a UAIFE TITLE Company of Denton DATE 8-24.79 SELLER'S STATEMENT GF NO 20879 SALE FROM n_ZitzelberRger TO _ City- of_Denten,Texas. PROPERTY _art . of 19m.Nei l Sur Abst.431A- n_-C ity-of -Raul-o-n Ztsaa~- SALES PRICE 56 a 0O0_y OQ__ _ aEIMBURSEVENTS /CREDITS Prorahons Hazard Insurance Flood Insurance Ma n'enance Charge Tax Prorahor. from to ESGOwed accounts with Lender purchased by Purchasrr TOTAL REIMBURSEMENTS 'CREDITS S LESS CHARGES AND DEDUCTIONS GROSS AMOUNT DUE 10 SELLER s_6_,QQQ~Q Down payment or earnest money S Commission to Filing fees to County' Clerk WD _ REL TST---- - - - - Ayrnt Aft c Loan Charges c -d Fees Due to Fees to Tale Company Title Policy Owner Mortgagee Binder Escrow Restrictions Tax Cerbf,cates State and County - City and School other - - - Survey fee to Allornet's lees for preparation of papers tc _ _ _ s Maintenance Charges Slt,e and County taxes for S City and School tares for _ _ ; _ Note. kX+YRRD1xPaid -Fi?'et ;at 1Q~3ank__oS Denton s 2,775-37 Interest from - to s - - - - s - Teti proration from 1•-1-79 to _-8-.9-79 s 51, 82-_- Rentprorationfrom-----to-__-_----- Pest inspect on fee to s - - Note retained by Seller _ s-- - TOTAL CHARGEG AND DEDUCTIONS s.2a827a.19__-- NET AMOUNT DUE XXTO SELLER 8 1! 1~a81 Setter understands the Closing or Escrow Agent has assembled this information representing the transact on from the boil information evadable from oNa sources aid cennot guarantee the accuracy thereof Any real es!sta agent or lender involved may be furnished a copy of this Statement. Sella understands that tax and insurance prorstions and reserves were based on figures for the preceding year or suppb d by others. or estimates frcurrent year, and in the event of any change for eurreri year. all necessary adjustments must be made between Purchaser ind Slifer direct The undersigned hereby authorities -.-._SJSLif© _TU1-e-Cos.-..--.-.--. to mass erpendilures and disbuotemeyts as shown above and approves same for payment Tne unders'Tned also acknowledges receipt of loan funds, if applicable, in the amount shown above and receipt f e copy of This Statement CLOSING OIIR~iGONESC(1~(0W`YGIAGENT ADDRESS 'Note lnterest on eailfiny (rent is fryured to the date indicated 11 not paid by then, additional interest will have to be collerled grid your statement will be alyulted to have sufficient funds to socure release from the lrenholder. .w. +w.a ya+'~~.~.4.J atii _ .i .a~aey,f w• ..i'r..~rc~ _ _ _ • ' r UAIF0 TITLE Company of Denton I PURCHASER'S STATEMENT 8-8-79 • 21 DATE -Irw1r Zi___1 eTger _City of Denton0 ~exaso SALE FROM 70 31_~18_B91iYar'.City of Denton. ! pPURCHASE PRICE rt {d17.N i11~LiL,Ab$~9 ...,.,.000.00 PLUS CHARGES Filing fees to County Clerk WD 11_001 REL5 •00 DT TST-- Agent _Aff 5116.00 + Loan charges and fees due to Loan transfer fee or assumption fee 5 - Fees to USLife Tille Company Title Policy. Owner 114_._ Mortgagee Binder - 00 Escrow __NQ_- 00 Restrictions - 14>.00 e Tax Ceruf tales State and County_ g• City and Schorl Other S q • 00 - Survey let to---------------------- S Attorney's fees for preper,,tion of papers to s - Fluod insurance pre,r u t 'Cr Hazard insurance premiJm to _ - 5 - Tax and insurance escrowed wit't is mos tax depos t@ per mo. mos. hazard insurance (a per mo. - _-mos flood insurance@ per mo. mos. mortgag^ insurance @ per mo. s S Interest from to S - Proration of hazard insurance from to S _ Proration of flood insurance from to $ Maintenance charge proration from - - to S - Tax proration from to - S Escrowed accounts with renaer purchased from Seller _ S - - - - a - 174.00 TOTAL CHARGES S - GROSS AMOUNT DUE BY PURCHASER $69174.00 LESS CREDITS Down;ayment or earnest money paid to- - $ - S Loanfrom Mote assumed - Interest proration from - to S _ Tax proration from 1-1-79 to 8-9-79 I;51.82 s Rent proration from - _ to $ Other Credit . S a 51.82 TOTAL CREDITS 11- BALANCE DUE BYX70 PURCHASER $ 6x122.18 Purchaser undetstandt the Closing or Escrow Agent has assembled ins mlormaloon representing the transaction from tM best infutmal'or ovailab't firm whet sourer and cannot guarantee the accuracy (hereof Any real rsute agent or lender involved may be furnished a copy of this Stytement P chaser enders:ands that is, a'rd insurance piorations and reserves wwe based on figures for the preceding year or t.ipptied by others or estimates lot current vest, and in the event of any change for current year. all mcessary adjustments must be made between Purchaser and Setter direct 1r __-e _ . T. _itle _...Co..... -.__to make expenditures and d.sbursemani, .hover see undaugned he's y autnoruet _ _ uS1 above arj approves sane for payment the undersigned also acknowledges recei rf Loan funds, if applicable, in the smouni shown above and a receipt of a copy of this Statemcni CLOSING OR ESCROW AGENT ADDRESS S a THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS., COUNTY OF DENTON This Agreement made this 15th day of March, 1979, between Denton Mall ComPanY, hereinafter referred to as "Denton Mall" and tho City of Denton, Texas, a Home Rule Municipal Corporation, hereinafter referred to as "City". Whereas, Denton Mall desires for a U-Turn to be constructed by the State of Texas Department of Public Highways and Transporation at the intersection of Loop 288 and Interstate Highway 35E and to reimburse the City of Denton and State of Texas for the cost of i design and construction of said U-Turn; and Whereas, procedures require the State of Texas Department of Public Highways ana Transportation to receive from the City the request to proceed and advance payment for the design work before actually commencing the work; and Whereas, the City, at the request of Denton Mall, has passed a resolution authorizing the Mayor to sign a contract with the State of Texas for the preliminary design of the U-Turn; and Whereas, the approximate cost of the preliminary design of the U-Turn is $210500, WITNESSETH: 1. That Denton Mall will pay to tho City the sum of $21,500 to be held in escrow and paid over to the State of Texas Depart- ment of Public Highways and Transporation for the preliminary design cost of the U-Turn at Loop 288 and Interstate Highway 35E. 2, That the City will pay such costs to the State of Texas upon their demand for a,ich monies and report such payment to Denton Mall. 3. That if the actual cost is more than the $21,500, then Denton Mall will pay to the City the difference upon the demand for such monies by the City; and if the actual cost is less than the $21,500, then the City will refund the difference. 4. City will not use the monies paid to them by Denton Mall Y under this agreement for any other purpose. Executed this the 15th day of March, 1979. CITY OF DENTON, TEXAS BY: ri. CHRIS HARTUN CITY MANAGER ATTEST: BROOKS HOLT, CITY SECRETARY DENTON MALL COMPANY, a Texas Il"Ated partnership By Denton Developers, A Texas limited partners ip, General Partner By: Genera Partner -2- i I _,Y _ r V ~ ~ ~y 9s ~ a ~,4s cC, ~G . ~ J (l~ I i i ` N0. 19-v1 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 15 "PARKS AND RECREATION" BY ADDING A NEW SECTION 15-10 PROHIBITING POSSESSION OR CONSUMPTI.DN OF ALCOHOLIC BEVERAGES WITHIN 200 FEET OF A PLAYING FIELD; DESIGNATING THE POSTING OF SIGNS; CALLING FOR ENFORCEMENT; DECLARING A PENALTY; PROVIDING A SEVERABILITY CLAUSE AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That Chapter 15 "Parks and Recreation" is hereby amended by adding a nvw Section 15-10 "Possession and Consumption of Alcohol Prohibited" whi.uh hereafter shall read as follows: "Section 15-10. POSSESSION AND CONSUMPTION CF ALCOHOL PROHIBITED 4 (1) Within the limits of any public park within the City of Denton, it shall be unlawful for any person or persons to possess or consume any alcoholic beverage within 100 feet of any portion of any playing field where the participants are under the age of eighteen (18), except if such possession or consumption is inside a motor vehicle located upon a designated parking area. Playing field is hereby defined as a marked field area or the enclosure surrounding or setting apart a designated field area, including but not limited to a fence, for the purpose of conducting or engag- ing in an athletic game or activity. Such activities would include but not be limited to football, baseball, softball, soccer, rugby, lacrosse, field hockey, tennis and basketball. (2) The Director of Parks and Recreation shall cause signs to be erected at the playing fields within the various public parks notifying -the public of the provisions of this ordinance. (3) The Director of Parks and Recreation, Parks Attendants designated by the Director, and the Police Department, shall, in connSetion with their duties impose by law, diligently enforce the provi§ions of this ordinance, and they shall have the authority to effect from the park any person acting in violation of this ordinance. . SECTION 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 to exceed Two Hundred Dollars ($200.00). Each day such a violation shall continue or be permitted, shall be treated as a separate offense. SECTION III. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any per- son or circumstances is held invalid by any court of competent juris- diction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION IV. That this ordinance shall become effective fourteen days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to by published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED This the 20th day of March, A. D. 1979, I CHEL MAYOR ITY 01' DENTON , TEXAS ATTES OKS HOL , CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORA{: PAUL C. cAf/Z_ SF M, CITY ATTORNEY CITY OF DENTON, TEXAS 79 ~AW ~ a ~ ~ ~ ~ r ~ ~ . ~ ~ ~ ~ ~ C ~ • THE STATE OF TEXAS COUNTY OF DEPiTOiI KNOW AU MEN DY THESE PRESENTS ~ ~ b~E`b I!E'CO~DS . 73GG THAT WE, _ TURNER F. GASSAWAY, AND WIFE, JOYCE GASSAWAY for and in consideration of the sum of one dollar (51.00) cash to us in hand paid by the City of Denton, Tr:xas, a municipal corporation of the County of Denton, State of Texas, the receipt of which is hereby acknowledged, and other good and valuable consideration including the benefits that will accrue to our property, do hereby GIVE, GRANT and EXTEND to the said City of Denton, Texas, its successors and assigns, the right to construct, reconstruct and perpetually maintain a sewer line and appurtenances in, upon and across the following described tract of land, said tract being a strip of land 20 feet in width and 2327.1 feet in length, and the centerline being more particularly described as follow;: The centerline of a sewerline easement crossing a tract or parcel of land containing 40 acres, more or less, situated in the Southeast corner of the R. B. Longbottom Survey, Abstract No. 775, Denton County, Texas. Conveyed to Turner F. Gassaway by certain Deeds of Record as described in Volume 504, Page 226 and Volume 504, Page 229, Deed Records of Denton County, Texas, BEGINNING at a point that bears West a distance of 48.0 feet, more or less, from an iron pin in the 5outheast corner of said tract, to a point of beginning of said easement; THENCE: N 01017'10" E, parallel to the East boundary line of said tract, a distance of 478.4 feet, more or less, to a point; 0 THENCE: N 08°45'50" W, a distance of 671.0 feet, more or less, to a point; THENCE: N 88°51'50" W, a distance of 1167.1 feet, more or less, to a point; THENCE: N 88°55'20" W, a distance of 10.6 feet, more or less, to a point on the West boundary line of said tract, to end of easement. Said length of sewer line easement being 2327.1 fc•.t, more or ldss, measured along th,q centerline of said easement. 87 f' VOL 942 ma 88 TO HAVE AND TO HOLD,'alI and singular, the privileges aforesaid to it, the said City of Denton, Texas, its successors and assigns forever, together with the right and privilege, at any and all times to enter said premises or any part thereof, for the purpose of constructing, reconstructing and perpetually maintaining siad sever line together vrith necessary appur- tenances, land for making connections therewith; all upon the condition that the City of Denton, Texas, will never construct any such sewer line above plow depth, and that the City of Denton, Texas, will at all times, after doing any work in connection with the construction, reconstruction or re- pair of said sewer line restore said premises as nearly as possible to the condi- tion in which same were found before such work was undertaken, including repair of all fences that might be disturbed or damaged in performing said work, and further jpon the condition that in the use of the aforesaid rights and privileges herein granted, the City of Denton, Texas will not create a nuisance or any act that will be detrimental to said premises and that said tract will not be used by said City of Denton, Texas for tiny other pur- pose, under this grant, except as herein provided. Provided, however, that for the purpose of initially constructing the sewer line and appurtenances above described, and during such initial construction only, the City of Den- ton, Texas, and its agents, shall have the right aid privilege to enter upon and use for such initial construction purposes a strip of land _ 60 feet in width and `2327,1 feet in length, more or less, said cente1 ine is more particularly described above, upon the condition that the City of Denton, Texas, and its agents, will restore said premises as nearly as possible to the condition in which same were found before such initial construction work was undertaken, including repair of all fences that nd)ht be disturbed or dam- aged in performing said initial construction work. WITNESS OUR HANDS this 1,4,L_ day of >1, tips A.D., 1979 i SINGLE ACKNCIItiLF_DGEMENT THE STATE OF TEXAS COUNTY OF DENTON before me, the undersigned authority, on this day personally appeared known to we to be the person whose name is subscribed to the foregoing instrument, and acknv,fled~jed to me that (she) (he) has executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office on this the day of - A.D. 19 Notary Public in enc'-for _ County, Texas JOINT ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF DENTON Before me, the undersigned authority, on this day personally appeared and_~„ his wife, both known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they each executed the same for the purposes and consideration therein expressed. And the said,, wife of said_having been examined by me privily and apart from her husband, and having the same by we fully explained to her, she, the said acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration t6erein expressed, and that she did not wish to retract it. Given under my !,and and seal of office on this Lhe day of 'f1~n A.D. 1975 - J L< A J 4~, r, ub1 an~for 1 -County, Texas LVOL 942 iaAu 89 U 20' Easement 'L JJBB 55-?0 W 1/67.1 -r ` so' Consfru:fion Easement I} ti It l u ` l w I i Q. S. L 0 W G BOTTOM S Uf?VEY kn`'+ti v A - 7'15 'I a m ° Ivy a' O ill v, I N I b 1 I Q. I I I'I I 'v I 2 I on i Turner F i5Assoway I k I A u D P A L ANE 4B' M. E. P 6- P. P. R. C O. A - 9,'] SEWER LINE EASEMENT TURNER F. OASSAWAY Scar, ; !"•200; DEMTON CO,, TEXAS • _ h_ ~ r ` ~ . ~ . ~ 1 r~ r C C'~' F 1 1 l Jf~.~ 1 1^[F n ~F ~ \y i 0 y ti ^t ~ o H 06 3av~ Uri pan ~ v ~t 2w! Spunoy nolusa'Ntl"f10 APInW ~ up 61619 I M •Ow lq uoa]a4 !c.-'mrl9 se suxal 'A'lunop uolu00 la tp10at1 p?wtu 041 to PM put awrlon a41 ul papioa wl 14np stM pus aw dq owia4 po4wels aw4 pus 011p s01 uo R'pl seM luawrtilsul s,yl lt4l xI!Va3 dgaiay sessl 'kuM uoluaa 'NO10 uNAD3 NO11Gu A A1NfW Sm 10IMS I I 1 ! C Ab 606 i THE STATE OIL TEXAS,1 KNOW ALL bIEN BY THESE PRESENTS: COUNTY OF DENTON f ~603 THAT BEN E. KE1T11, COMPA`pfED RECORDS ~ ~ B of Denton County, Texas , in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration in hand paid by the City of Denton, Texas recelpt of which is hereby acknowledged, do by these presents grant, bargain, sell and convey unto to the City o f Denton, Texas , the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following descriucd property, i owned by it . Situated in Denton Cour•ty, 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 part of the E. Puchalski Survey, Abstract No. 996, and heinn part of Lot No. 1, Block 1 of the Santa Fe Addition, an addition to the City and County of Denton, and also being part of a tract of land as conveyed from the Atchison, Topeka and Santa Fe Railway Company to Ben E. Keith Company by deed dated March 18, 1977 and recorded in Volume 826, Page 560 of the Deed Records ji of Denton County, Texas, and more particularly described as follows: i COMhIENCINC at the southwest corner of said Lot No. 1, Block 1 of the Santa Fe Addition; THENCE north 22°32' west along the west boundary line of said tract, a distance of 136.0 feet to a point for a corner; TIIENCE north 67°281 east a distance of 16.0 feet to the place of beginnin~ THENCE north 67029' rgct a lictanro nr 14n Feet to pc:int fcr a cornu,; THENCE south 22°32' east a distance of 16 feet to a point for a corner; TIIENCE south 67°28' west a distance of 140 feet to a point for a corner; TIIENCE north 22°32' west a distance of 16 feet to the place of beginning. And It Is further agreed that the said City of Denton, Texas , In consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstructions as may now be found upon said property, Forthepurposeof constructing, installing, repairing and perpetually maintaining public utilities in, along, upon and across said premises, with the right and privilege at aU times of the grantee herein, his or Its aget4p, employees, workmen and representatives having Ingress, egress, and regress in, along upon and across osid premises for the purpose of making additions to, Improvements on and repairs to the Bald public utilities, or any part thereof. TO HAVE ND TO HOLD unto the said City of Denton, Texas as aforesaid fur the purposes aforesaid the premises above described. Witness our hand , this the day of March , A. D. 1979 . TEST: 13EN E. KEiTI SECRETARY ASST. VICE-PRESIDENT SINGLE ACKNOW1,EDGMENT Tjiu $T;NTE OF TEXAS, 1 I ; BEFORE ME, the undersigned authority, COUNtV Old.,>,' '1 7( TARRA9T TROY H. LAGRONE; ASST VICE PRESIDENT in and foi sr.id,Cyuttty, Texas, on this day personally appeared of_.Ren. L,'_'K0ith Company.- . _ an o.ficer knnvrn to nu to Ir2he person whos acne ? S subscribed to the foregoing instrument, and acknowledged to me that hc.-` E+lecuted the same for the purposes and consideration therein expressed. GIVt~'UNDFR MY HAND AND SEAL OF OFFICE, This 19Tk d of larch A.D. 197.9. Notary Publi TAR ANT.... County, Texas My C mmission Expires June 1, 1979 SINGLE. ACKNOWLEDGMENT THE STATE OF T14XAS, COUNTY OF. BEFORE ME, the undersigned authority, TARRANT in and for said County, Texas, on this day personally appeared RICHARD D. WALKER,. SECRETARY -.-._.._..__.QF 4Eb_E., __._..IAND OFF-1CER.. know•ri'to,m,b, to,be the person -./...whose name IS subscribed to the foregoing instrument, and acknowledged to me that the . ~eRecuted the same for the purposes and consideration therein expressed. 1 GIVEN Oh DER MY HAND AND SEAL OF OFFICE, Thls 19 y~ o M~R_C,H A.D. 19 79 ' Notary Pu tic, .TARRANT County, Texns Rlv r'nrnMN%1nn F.xplree June 1, l9 79 CORPORATION ACKN0IVUMIENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF in and for said County, Temrs, on this day personally nppraced . knm%n to me to he the persim and ctlicer whose name Is subscribed to the fr.ro,•oirx inst nnunt and ncknoaledEcd to me t:lrtt the lama was the act of the Sa!d a corporation, and that he executed the same as the net of such corporation far the t-:k l,and consideration therein expressed, and in the capncily therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of A.D. 19 (L.S.) Notary Public, _ _ County, Texas hly Commission Expires June 1, 19_.-.. 'S ERTIFICATE THE STATE OF TI':% ~ ~ County COUNTY OF Clerk of the County Court o a7~ ~C fly, dy r try that the foregoing instrument of writing dated on the flay of ref ~y. ~ ~ t. 19 with Its Certificate of Auth nticatior. was Olcd for record in my oMce on the 3§f_. A. D. 19 . , tut o'clock M., and duly recorded this day r ~t A. D. 19 tut o'clock \1., in the A . ~ a~ ~ o n~afd Count;, in Volume , on pages 'WITNESS MY HAND AN SEAIY21I j101 ai JwFIQi of said County, at cfpce In , the J I j,11' r st above tcrittin. 1 .4 T d1nty Clerk County, Texas. (L. S.I ' Y Prputy. ' ~ I ~ Er, ~ E a ~ II ' to elf )0 E COD: w FILED E IILI % C W w 04111 ct _o F w o LY 't" iM 70 i 7 Ire U wy'~,~ 60 U PARTICIPATION AGREEMENT THE STATE OF TEXAS X , KNOW ALL MEN BY THESE PRESENTS: COUNT] OF DENT ON X THAT WHEREAS, First Texas Savings Association is the developer of certain property shown on the attached 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 WHEREAS, the City of Denton desires that such offsite sani- tary sewer facilities be oversized and the City will participate in the additional cost of the oversized facilities pursuant to the provisions of Section 25-74 of the Code of Ordinances of the City of Denton, Texas; NOW, THEREFORE, THIS AGREEMENT, made this the 27th day of March, A. D. 1979, by and between First Texas Savings Association v , ,.er inafter called "Developer", and the City of Denton, Texas, a Home Rule Municipal Corporation of the State of ','exas, hereinafter called "City"; WITNESSETH: 1. The Developer will install, by contract or otherwise, sanitary sewer lines and appurtenances to serve the property des- cribed on the attached plat in accordance with all City of Denton s ordinances, rules, regulations, policies and procedures. The said sanitary sewer facilities shall be located as shown on the attached 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 $9,012.15. 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 deter- mined and certified to by the Director of Utilities and his certi- ficate setting out the City's cost of said facilities shall be attached hereto and made a part hereof. mooed 3. The City shall pay for its share of the facilities with- in thirty (30) days from the date of acceptance of the facilities, or under such terms and conditions that are mutually acceptable to the parties. 4. Title to said sanitary sewer facilities is hereby and shall at all times be vested in the City. 5. The Developer shall and does hereby agree to indemnify and hold harmless the City from any and all damages, loss or lia- bility of any kind, whatsoever, by reason of injury to property or third person occasioned by any act or omission, neglect or wrong- doing of Developer, its officers, agents, employees, invitees, con- tractors or other persons with regard to the performance 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 ~-7 day of March, A. D. 1979. CITY OF DENTON, TEXAS BY: ATTEST Ito R00YS OLT, CITY A CITY OF DENTON, TEXAS FIRST TEXAS SAVINGS ASSOCIATION ~uc~✓ OF P9RT_W=TH • 4 BY : h ATTEST: ~y 4 4 S ~ W I~ li PROPOSED Af'_:NDX:_NTS TO THE BYLAWS OF THE BOARD OF DIRECTORS ( ARTICLE VII Duties of Officers and Committees • i Section 5. (add after first sentence) The Chairman of the Finance Committee shall be appointed by the Chairman of the Board of Directors and will serve for one year to-coincide with the fiscal year of the hospital. Section 6. (Add after first sentence) The members of the Finance Advisory Committee shall elect a Chairman, who will serve for one year to coincide with the fiscal year of the. hospital. -Section 7. (add after last sentence) The Chairman of the Joint Conference Committee will rotate between the Chairman of the Soard of Directors and the President of the Medical Staff on a yearly basis to coincide with the fiscal year of the hospital. The tern of the Chairman of the Joint Conference Committee for the President of the Medical Staff will begin in October of odd-numbered years; the term of Chairman of the Joint Conference Commit- tee for the Chairman of the Board of Directors will begin in October of even- numbered-years. Section 8. (add after second sentence) The members of the Medical Advisory Committee shall elect a Chairman, who will serve for one 3,e--r to coircide with the fiscal year of the hospital. s s • THE BY-LAWS OF THE BOARD OF DIRECTORS OF FLOW MEMORIAL HOSPITAL DENTON, TEXAS ARTICLE I (dame and Purposes The governing body of Flow Memorial Hospital shall be known as the Board of Directors of Flow Memorial Hospital, referred to herein as Board. They shall be appointed and hold office in accordance with Article 4491i-1, Texas Revised Civil Statutes, as amended, under which Flow Memorial Hospital is now organized. The Board of Directors shall be responsible for the management of the finances of the hospital, for the appointment of a competent medical staff, for the making { and enforcement of such regUlations as are necessary to ensure proper care of patients, and for all. other duties provided by said Article 44941-1 and pursuant to the terms and intent of the contract by and between the Board, the County of Denton. Texas, and the City of Denton, Texas dated even with the initial adoption of these By-laws on July 27, 1971. Board Guidelines For carrying out its duties under the By-Laws, the Boara policies shall include the following: A.' Determire !,ospital policy in regard to procuring finances for g rowth. B. Determine hospital policy concerning borrowing and other methods of major financing. C. Determine guidelines for major areas of.cash utilization. D. Approve board rate policies and any room rate change. ( E. Approve financial and other major reports that are directed to the public and other interested parties,' J 2 F. Approve major short-term loans and all long-term loans. G. Review and/or approve major contracts such as those, for acquisition or sale of real estate. H. Authorize officers to sign various written legal documents and to take final action. 1. Approve major personnel and labor relations policies and programs that shape the essential character of personnel and labor relations. This includes any contract to be negotiated with a union or any major contract such as a total hospital employee retirement plan. J. Approve all merger'or acquisition activities. K. Approve, reject, and modify hospital budgets (operating and capita))-sub- mitted by the Administrator. L. Select and retain outside auditors, as further defined in the By-Laws or in any contract entered into with any governing bodies. M. Approve actions that dispose of any substantial asset. N. Review and approve all donations and contributions made to the hospital with or without restrictions, except minor gifts of $1;000.00 or less. ARTICLE 11 Meetings Section 1. The Board members shall hold regular meetings.on the third lhursday of each month. The regular meeting in October shall be known as the annual meeting. Special meetings may be held at the call of the Chairman-or, in his once, at the call of the Vice-Chairman, or at the call of any three members. section 2. Four (4) r•eriters shall constitute a quorum. Section 3. The order of the business at all meetings of the Board shall include the following: 1'. lieetin, called to order, 2. Roll Call. 3. Reading of minutes of previous meeting. 4. Correction and approval of minutes, by motion. 5, Reading of cor:,;unications. 6. Reports of Corcriittees and Officers. 7, Reading of Report of Administrator. M 9. Reading of professional analysis report of medical staff. y. Unfinished Business. 10. Nevi Business. 11. Adjournment. 3. { Section 4. The general parliamentary procedure established by Roberts' Rules of Order shall be followed. Section 5. Members of the Board of Directors are required to attend not less than 75% of the regular and special meetings of 'the Board during each fiscal year. After missing 25% of the meetings, the Board member will be required to submit his resignation. ARTICLE II[ Annual Reports The Board will have prepared an annual report setting forth in sufficient scope and detail the more important facts concerning the business management and professional 4rorlc of the hospital, and such report shall be presented to the County ' of Denton and the City of Denton. ARTICLE IV Budget and Expenditures The Board shall be responsible for submitting the annual budget of the hospital to the City Manager of the City of Denton and to the County Auditor in the form and within the time prescribed in the aforesaid joint contract. The Board shall approve all expenditures of hospital funds in excess of S5,000.00, except for perishables and emergency needs. Such expenditures for perishables and for emergency needs shall be at the discretion of the Administrator provided that funds are available within the total, allocation of the budget. Such expenditures will be reported at the next regular meeting of the Board. The fiscal year, of the hospital shall begin the first day of October and end the 30th day of September. 1 ' a ARTICLE V Nepotism No person may be paid from hospital funds if such person'is related to any Board member or to the Administrator, within the third degree of affinity or con- sanguinity, except below the third level of management and only then with the con- sent of the Board. ARTICLE VE Officers and Committees At the first regular meeting after adoption of these By-Laws and at each annual meeting thereafter, the members shall elect a Chairman, Vice-chairman, and a Secretary. These officers shall constitute the Executive Committee of the Board.. ' The Executive Ccm+nittee, in tddition to its other duties hereinafter referred to, shall represent the Board on the Joint Conference Committee. The Board shall appoint a Finance Advisory .Committee, medical Advisory Committee, and other aC1ir;ry committees as needed. Such advisory committees shall limit their activities to the purpose for which they viere appointed ara they shall have no pover to act for the Board. The officers and standing ce,.mittee members shall, serve until the following annual meeting of the Board or until their successors have been named. ARTICLE VI1 Duties of Officers and Committees Section 1. The Chairman shall preside at all meetings of the Board and be ?n ex officio member of all standing rnmmittees. The chairman may vote at meetings of the Board, but shall hale no vote as ex officio member of any committee. Section 2. The Vice-Chairman shall perform the duties of the Chairman in his t absence and, in the event of..his resignation, death, or inability to act, shall succeed to the office of the Chairman. J 5 Section 3. The Secretary shall keep the minutes of the meetings of the Board and its standing committees; record the names of all members present at each meeting; notify all members of committees of their appointments and notify all members of the. standing committees of regular or special meetings at least three days before the appointed time for the meeting, except in case of emergency as provided herein and by law and in such notification state the nature of the business for which the meeting is called. Reasonable notice of each meeting shall be delivered to the County Auditor and the City Manager prior to such meeting. Section 4. The Executive Committee shall have power to transact all regular business of the Board during the interim between the meetings of the Board, provided that any action which it may take shall not conflict with the policies and expressed aiisf,es of the Eoard, and be subject to.ratification, modification, or repeal by the- Board, and that it shall refer all matters of major importance to the Board. .Should C any matter of extreme urgency arise between the regular meetings of the Board, it shall he the duty of the Executive Committee to request the Chairman to call a special meeting of the Board as provided in the By-laws. Section 5. There shall be a Finance Committee composed of three members of•the Board, appointed by the Chairman, with the 0airman and Administrator ex officio members. The Chairman of the Finance Committee shall be appointed by the Chairman of the Board and will serve for one year to coincide with the fiscal year of tha hospital. It shall devise ways and means of securing funds for the support of the hospital. It shall supervise preparation of the annual budget and assure its sub- mission-to the Goard as provided in the contract by and between the Board, the City of Denton, and the County of Venton, referred t.', above. It shall be the further duty of the Finance Committee to examine the monthly financial' reports and to require an explanation from the administrator of any variation from the current budget alien deemed necessary, and make reco!ivnendations 6 to the Poard on any financial matter: This committee shall examine the financial reports of the hospital monthly and report its findings and recommenoocions to the Board. The accounts of the hospital shall be examined annually by a competent auditing firm as engaged according to the above mentioned contract. Section 6. The Finance Advisory Committee shall consist of no less than three nor more than One county or city residents %.!ho are not members 'of the Board and who shall have experience in the fields of finance and business. The members of the Finance Advisory Committee shall elect a Chairman, who will serve for one year. to coincide with the fiscal year of the hospital. The Finance Advisory Committee shall review the rates, fees, and charges of the hospital for the services it renders, and, from time to time, review these charges, and make recommer-lations to the Board for any adjustments thereto. It shall also investigate and recom.•nerd ways and means of securiog funds for support of Flow Memorial Hospital. The.Finance Advisory Committee shall report direct to the s Board, but may advise the Finance Committee on all financial matters. Section 7. The Joint Conference Committee shall consist of the President, Vice President and I ediate Past President of the Active McJical Staff, the, Cxacutive Committee of the Board, and the Admini3trator..'ihe medical staff repre- septatives will be spoc,escen for the medical staff on this committee. This committee ' shall be a medical-administrative liaison r.onfittea and 1!e official point of contact 'f between the Medical Staff, the Board, and the Administrator. It shall meet monthly r ~s and keep proper minutes of said meetings for repo,^ting to both the Medical Staff 'S and the Board. ' The Chairman of the 'Joint Conference will rotate between the Chairman of the w Board of Directors and the President of the Medical Staff, on a yearly basis to coin- cide with the fiscal year of the hospital. The term of titre Chairman of the Joint ' Conference Conunitte2 for the President of the Medical Staff will begin in October r. 7 ( of odd-numbered years; the tern of Chairman of the Joint Conference Committee for the Chairman of the Board of Directors will begin in October of even-numbered years. Section 8. 'The Medical Advisory Committee shall be appointed by the Board and shall be constituted of not less than four nor more than nine residents of Denton County who are licensed to practice medicine in Denton County and the State of Texas. The Board may use whatever means at its disposal for making these appointments which may include consultation with the President of the Medical Staff, the Executive Com- mittee and/or the Joint Conference Committee if deemed advisable. 'The members of the Medical Advisory Coy ittee shall elect a Chairman, who will serve for one year to coin- cide with the fiscal year of the hospital. The Medical Advisory Committee shall act on and in behalf of the Board of Directors only in an advisory capacity and as directed by said Board. The Medical Advisory Ca mittee shall be responsible to the Board of Directors to carry out the duties as delegated by the Board. The activities of Vie Vedical Advisory Committee shall include the following: 1. It shall be responsible for assisting the Board in determining long--range objectives and achieving long-range stability and growth. 2. It shall act as an advisory body to assist in planning and designing major hospital programs to achieve short and long-range goals. These plans should be based on and consistent with hospital objectives. 3. Plans should also proj:ct the hospital's present end projected role in meeting the coca9uni ty's heel th needs. 4. The Corrniittee shall act in advisory capacity to the Board in evaluating issues that involve r:easuring the quality of medical care to be rendered. 5. It shall assist the Board in providing a long-range plan in written form concerning facility needs. 6. A praise the ce `unity's health needs and'the hospital's objectives and plans in terms of their compatibility. 7. Assist the Board in coordinating the hospital's long-range plan with the • capital requirc^ent plan. 8. Assist the Goard aihen so requested by furnishinri guideliri fr,r 0<<uilrn nt needs, measuroxent of patient ca-V bPina rr-nder0d, anal 0010- fun,.tiow, otherwise requested to do. r 1 The 11edical Advisory Committee shall meet with the Board at least quarterly and as otherwise deemed advisable or requested by said Board. ARTICLE VIII Duties of the Administrator Section 1. The Board of Directors shall select and employ a competent and ex- periecced administrator who shall be its direct representative in the management of the `?ospital. Such administrator shall be given the necessary authority and held responsible for the administration of the hospital in all its departments, subject only to the policies enacted by the Board. The authority and duties of the administrator shall include the following: 1. To complete and submit to the Board for approval a scheme of and for organization of the personnel and other's' concerned with the operation of the hospital, including an organizational chart. w 2. To prepare a budget showing the expected'r'eceipts, expenditures, and accounts as required by the aforesaid contract. 3. To select, employ, control, and discharge all employees authorized by the budget, provided that the employment and discharge of the Assistant Administrator and Comptroller (Controller) shall be subject to approval by the Board. .4. To see that the building and grounds are Sept in a good state of repair, conferring with th-2 Board in major matters but carrying on routine repairs and maintenance without such' consultation. 5. To supervise and manage all business affairs, such as the records of financial transactions, collections of accounts, purchase and issue of 5vpplies, and to be certain that all funds are collect-_d and exp?rdc~d to i<a best possible advantage and are within the accounts of the budget allocation. 6. To cooperate with the Medical Staff and to secure like cooperation on the part of all those concerned with rendering professional service to the end that the patients may receive the best possible card. Fie shall attend all meetir. of the Executive Committee of the Medical Staff and be an ex officio ' raenrber therecf. , 7. To sutr;t regularly to the Roard, the City, and the County, or tneir authorized represer~t~tives periodic reports shop-d ng the professional service and the other reports that way be required by the (loard, the City, or the County. i Noma / 9 8. To attend all me=-tings of the Board and its commictees, and shall be an ex officio member of all committees appointed by the Board, except the Executive Committee, and shall-have no vote. 9. In all cases of disputed authority, or uncertainty as to the meaning of the By-Laws and Rules and Regulations of the hospital, the decision of the Administrator shall be operative until a contrary ruling shall have been 'made by the Board or the Executive Committee. 10. To be responsible for posting an agenda of each regularly scheduled meeting of the Board at least three.(3) days iii advance on the hospital bulletin board, and, on the same day of posting, shall mail copies of such agenda to the County Audit6r and City Manager. 11. on called meetings, reasonable notice as possible will be given to the County Auditor and City Manager in advance of said meeting. 12. To serve as the hospital administrative head and to perform any other duty that may be in the best interest of the hospital. ARTICLE 1X Medical Staff Acting on the best medical advice available, the Board shall appoint a :redical staff of physicians and shall see that they are organized in such a manner as to secure the desired results. Should the Governing Board not concur with the Medical Staff's recorrendation'relative to clinical privileges of a staff member, the recommendation must be reviewed by a joint committee of the Medical Staff and Governing Board before a final decision is reached by the Governing Board. The medical staff organization must provide the framework in which the 'duties and the functions of th^ medical staff can be carried out. In the professional care of patients, the attending physician appointed to the r%'dlcal staff shall have full,authQrity subject only to the policies stated `ty the Board. There must be such officers of the medical staff organization as will provide effective governance of its affairs and as will insure proper acceptance and discharge of the overall responsibilities for the quality of medical care deledatcd to the medical staff by the Board. The duties of each officer, and the qualifications of each incumbent, as troll as the method of selection, shall r~ 10 be delineated in the By-Laws, Rules and Regulations of the medical staff. Each officer must be a member of the active medical staff and must be elected by the voting members of the medical staff. The medical staff shall develop its own organizational structure as well as its awn By-Laws subject only to final approval by the Board. Such By-Laws should be in keeping ti.dth the guidelines of the Joint Commission on Accreditation of Hospitals. The key position in the medical staff shall be the President whose duties will include the following: A. Serve as presiding officer at all medical staff meetings. •B. Serve as Chairman of the fledical Staff Executive Committee and as an ex officio member of all Medical Staff Committees. C. Appoint Medical Staff Corrirnittee members (except when membership is other- wise specified in the Medical Staff By-Laws). D. Enforce Medical Staff By-Laws', Rules and Regulations. E. Present the views, policies, needs, and grievances of the Medical Staff n to, the Administrator and to the Board. F. Attend dll Board meetings a-, spokesman in and for the Medical SLdff. G. Serve as the responsible representative of the tledical Staff. H. Receive and interpret policies fr her the Board and report on and interpret to the Board the pcrfor7ance and maintenance of thr! Medical Staff's res*n sibility for providing good medical care. 1. Act as r'edical Staff spokesman for the Staff's external professional and public relations. J. To receive and act upon the reports of the Medical Staff Committees. 9. Consider and recommend action to the Administrator on all matters of medical-adrrinistrativ_~ nature. Implfinent and approve policies of the Medical Staff. H. Take all reasonable steps to insllr'e professional ethical conduct on the part of all r:,e-,bers of the Medical Staff and to .initiate such prescribed cooperative measures as are indicated to fulfill the medical care tendered to the patient in the hospital. N. Insure that the l,edical Staff is kept abreast of the accreditation program and informed of the accreditation status of the hospital. ! 11 0. Serve on the Joint Conference Committee/ along with the Vice-President and Immediate Past President as outlined above in the activities of the Joint Conference Committee. ARTICLE X Hospital Auxiliary The Board shall Issist in the organizing of an effective hospital auxiliary, which shall be under the supervision of the administrator the same as'a regular employee of the hospital. ARTICLE XI Amendments These by-laws shall be reviewed annually and revised as necessary, These By-Laws may be changed by a majority vote of the members of the Board at a meeting held for that purpose, notice of which has been given in writing by the secretary to each member at least two weeks in advance of the meeting, but shall not be effective until approved by the County of Denton and the City of Denton, as provided in said joint contract. ADOPTED this 22nd - day of March A.D., 1979, Chairman o thej6oard of Directors APPROVED: APPROVED: D _ County Judge, Eton County Tayor , City of enton l ■ (moo x I lzv t yp~ ~i PAGE 30 THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON 8 97 L.EEt~ RECORDS THAT Jack Bell Jr. of Denton County, Texas, in consideration of the sum of one Dollar ($1.00) and other good and valuable consideration in hand paid by the City of 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 J. McGowan Survey, Abstract No. 797. All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, rtate of Texas, and being part of the J. McGowan survey, Abst. No. 797, and being part of lot no. 30 block 2, of the Southridge Center Addition, an addition to the City/County of Denton, and also being part of a tract of land as conveyed from Robert M. Pierce to Jack Bell Jr. by deed dated November 9, 1978 and recorded in Volume 923, Page 258 of the Deed Records of Denton County, Texas, and more particularly described as follows: BEGINNING at the southeast corner of said tract, same being a point in the north right-of-way line of Londonderry Street, and being 199.99 feet east of the intersection of the north right-of-way line of Londonderry Street and the east right-of-way line of Westminster Street; THENCE north along the east boundary line of said tract, a distance of 388 feet to a point for a corner; THENCE west, a distance of 118 feet to a point for a corner; THENCE south, a distance of 157 feet to a point for a corner; THENCE west, a distance of 10 feet to a point for a corner; THE44CE south, a distance of 16 feet to a point for a corner; THENCE east, a distance of 10 feet to a point for a corner; THENCE south, a distance of 47 feet to a point for a corner; THENCE west, a distance of 84 feet to a point for a corner in the west boundary line of said tract, same being the east right-of-way line of Westminster Street; THENCE south along the west boundary line of said tract, same being the east right-of-way line of Westminster Street, a distance of 16 feet to a point for a corner; THENCE east, a distance of 100 feet to a point for a corner; THENCE. northra distance of 220 feet to a point for a corner; THENCE east, a distance of 97 feet to a point for a corner; THENCE south, 5 feet west of and parallel to the east boundary line of said tract, a distance of 68 feet to a point for a corner; i nwwmmw~ i THENCE west, a distance of 7 feet to a point for a corner; THENCE south, a distance of 16 feet to a point for a corner; THENCE east, a distance ofl'7 feet to a point for a corner; THENCE south, 5 feet west of and parallel to the east boundary line of said tract, a distance of 125 feet to a point for a corner; THENCE west, a distance of 7 feet to a point for a corner; THENCE south, a distance of 16 feet to a point for a corner; THENCE east, a distance of 7 feet to a point for a corner; THENCE south, 5 feet west of and parallel to the east boundary line of said tract, a distance of 147 feet to a point for a corner; in the south boundary of said tract, same being the north right-of-way line of Londonderry Street; THENCE east along t;e south boundary line of said tract, same being the north right-of-way line of Londonderry street, a distance of 5 feet to the place of beginning and containing 8,996 square feet more or less. And it is further agreed that the said City of Denton, Texas in consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstruc- tions as may now be found upon said property. For the purpose of constructing, installing, repairing and perpetually maintaining public utilities in, along, upon and across said premises, with the 0 right and privilege at all times of the grantee herein, his or its agents, employees, workmen and representatives having ingress, egress and regress in, along upon and across said premises for the purpose of making additions to, improvements on and repairs '_o the said public utilities any part thereof. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. Witness my hand, this the 'to 1 _ .1 day of _ A a O A.D. 1979. STATE OF TEXAS COUNTY OF DENTON X BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared Jack Bell, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expres$ed'r, GIVEN UNDER MY HAND AND SEAL,OP MFIC£f,this 20th day of March, 1979. ~k i3UBLIC TOW9 LM i~ tV01 J` CouryAr,:'Texas 'TALC ell FILED H 'TI H o o 5 !!r 2G Ff1 2: 12 a a t" MMY JO HU z C^CF ~11f'g;,@EhIJ4co,TEX, w -1... \ 7 6 z~~ CEnFY CD l1j H H ~ b ~ Gc 3~va VT pan lad i 4 a~ i II I' i I 1 (l 17T ('1.41" Lrl II W111. 1' „1. ld.it n,l -,r r.!e /.till yr l !...u fa AlAll'L7?t rflatlonu7 r++llaa t i 1 V I! V E OF ! r'1E A1 it , KNOW ALL MEN BY THESE' 1'1 ESI:N'I'S: COUNTY OF uI:Ilrorl j III in t TIA; CITE' M' DENTOld, TEXAS tt11 1 t' cVOI 943 um '078 DELI) RECORDS of 11110 County Pf Denton snd Slate of Texas forand in consideration of I i , tllc suln of c It 31 --------------------------TEN AND 110/100 ($10.'00)-------------DOLLARS, and other good and valuable con:,i(luration I' EI to it in hand 1)%irl by Cecil F. Martin and wife, Betty Martin If ~j of the County of Denton and Stale of Texas the rxeipt of which E: ;I is hereby acknowledged, do, by these prc~;ents, BARGAIN, SELL, RELEASE, AND FOREVER QUIT 01,AIP,t unto the said Cecil F. llartir and wife, Betty Martin I I their b0ir., rand assirns, ;dl its righ+title and interest in and to that certain tract or par. eel. of,land lyinli in the County of Denton and State of Texas, described as follows, Ii to-wit: All that certain lot, tract or parcel of land lying and being situ E; ated in the City and Courity of Denton, State of Texas, and being part of i the A. Hill Survey, Abstract No. 623, and being part of Lot No. 2, of the' B.U.C. Inc. Subdivision, an addition to the City and County of Denton, and, ~I also being part of a tract of land as conveyed from Higgins Implement Co.,~ Inc, to Cecil F. Martin and wife, Betty Martin by deed dated Septernb,:r 30, 1977 and recorded in Volume 857, Page 865 of the Deed Records of Denton County, Texas, and more particularly described as follows: i` BEGIIII4I14G at the southwest corner of said tract, said point lying in the north right of way line of Interstate Highway 35E; THENCE north along the west koundary line of said _ract a distance of 163.7 feet to the northwest corner of said tract; j; THENCE cast along the north boundary line of said tract a distance of 16 feet to a point for a corner; THENCE south 16 feet east of and parallel to the west boundary line of said tract a distance of 169.37 feet to a point for a corner in the south !I boundary line of said tract,same being the north right of way line of Interstate Highway 35E; THENCE north 70° 29' west along said ltm_ a distance of 16.98 feet to the place of beginning and containing 2664.60 square feet of land, more or less. I i I I j TO HAVE AND TO BOLD 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 i ` its successors xka>,, nd assigns, forever, so that neither the said i City of Denton, Texas, its successors i nor ;bilcs;xtxpcany person or persorls claiming under it shall, at any time hereafter, j I have, claim or demand any right or title to the nforesald)}remises or appurtenances, or any part there- of. WITNESS our hand at Denton,,Tcxas this 20th day of March A. D. 1979 equcxt of Grantor: CITY YlTyON TEXAS n ~~,SVit neti,+~~~it,R % 41 _ JOE: MITC11FILL, MAYOR ' 11ooK's noL'P;iciT 11c11WrARY f.1,.,-..c•,.-.. ,'raw : mo :..r... . ..1 •r... _ " A('NN(1'ATE(1l;)1XN'r 'T'ill, STATE Oil' COLIN'I'Y Oh' T)LtITOi1 f III;I ( CF; +I h;, Iha• undorrii•,nr~,I;udhnrlly, ill undf,1rs,ri,Illonnlp,'I'•,.:,,~nlfli;d:~yl,r,naRgappl;t„.,3 ,JOa td.Ll:Ci14ZZ,.Mayor of ;ISO City,. of Dn11tOIt, Tex,-_u; ~Illd officer knmcn to vol la bo 4o I." :I1~. n 1,1,y' ig :nl'. rribrd to the I,~,. l;ning imarulncnt.:(nd nvknaaIr,3y;c•I in me that he execiiWdl.thnr,~r tbn Ior;„'.I'q :lro,I el'n>.ill, Alien therein .•,prn,ll!L" clvF:N uwl'it If 1'J A:TIr : f;:tL OP ty1 Lir'I?.'I'hi•: h day of ISZ A•1). 19 79 , ll r Nut ary DCI)tOI] County, Texas My CmnoJr+ion Expires Juno 1, 19... Till, STATE Oi TEXAS, BEFORE nlr, the undersigned authority, COUNTI OF in and for said County,'rCx•ss, on lhi c day pcrsonolly ❑ppraral _ WA his wifo, both known to me to be the pvr::,,n,; ,vhnl", nolneu ara Sub<reibed to the foret;oin!: inArument, and acknowledged to nie that they earls executed lha soma for oo purpn;a•; ;md ran: idcral oil l1wicin expres>ed, and the r,id vifO of the said having bccn exant3ned by me privily nml apart from her husbrun,l, and h.1vi:01 the s:,me fully explained to her, she, the said aekm , ! b; n! such instrument to be her nrt and deed and she deelnred that I ,c, hml williogly tgnnl the scone for the purposes nn -1 Cousideretimi therein expressed, and that she did not ,vish to retract it. GIVEN UNDER All' HAND AI'~h S;,,Al, OF OFFICE, 'I Ilk day of , A.D. 19 Notary I'ublie, .....,_..._....._County, Tetins _ My Cowwt Sinn Rspirres June I, to._,.._._. THE STATE OF TI:XekS I COUN'T'Y 01•' f BEFORE' 3I E, the. undersigned authority, in and for Said County, Texas, on this day peraonolly oppe.red . _ . wife of known to me to be the person 6h.J9C mine is s.lbccriUA to the foreg gin in: tlUment, Will 11:1%ii4,: been examined ,by rrtC privily and apart from her husband, and having; the sere e fully nsP!nined to hcr, di,,, the said - - - - n~ k o I. lv d sash ut,tiu,s rnt to bo her act and decd, and ' rC IIv(~, L 1 it .lt. 1,••1 is ;P , l,• •.i>;,a(I Ifie. rr~. ,•s ,r , -!J• 1aCo ILrI :te .ape, . It.. :011 Cna, rive .li(i not wish to retract it. GIVEN UNDfi;R 111 ITAND ANT) SI:AF OF O:'FIGE;I bis, d,ey of. , A.D. 19 (r,.S.) NoLu y I'nblic, County, Tomas .1), Cnnmdr rio rt N.xpu'c3 Jun;+ 1, 19.... THE .STAI OF TEXAS, ~ County COUNTY OF... _ Clerk of the Camty Court of said County, (In hereby Certify that the foregoing instrument of writing; dated on the day of A. D. 19 ,vith ils Ceitilicaty of Authentication, teas filyd for recc!'d in my ounce on the day of _ ; A. fl, 10. nt o'clock 11., :urd duly recvrdcd this clay of A. R to aA _ Wdock 1r, in the 1✓.rnc,1.; of a., I Connty, pngcll Yl'rNI;SS AI" HAND AND gEAl, OP THE COU,l; f\• t'OURT of i :tlr(u9~ _ . , lhO d;rl' I1r ;,•'JIt", wit. ( V County Texas. C , IPS hetnrty. cJ ri q I fI C-11 ?4.4.j~ltiyfi,hnoiy;ll`'a,s1\1F1~1,1 .C~ J' T i I ti W $ tJi ~ i -C tit ixnC a r ~:so')! n ~ ~ u w r i f I kli O r . •i,~Vf~ I? r) '~r I., n y d v r ~i ~ i 't4 Y ~ ( r q 0H U~.''EiY(iin'ai, i~!l)•T 1/~(I~f' roo 1 1'°~?. o I o . It U +y i rti i t r+ a tn1 ' cc~~ JAVE 'v% 41 S 0 Q O H O y 7 C S O 7 O r, ~ u I N r7 d ^ ~ vy+ r, 7 O S n 7 7 O ~ I 7 d n' fJ d v+ I V7 rp ~S G!Cj v K p, 1 h' • 7 r y~ t r o t U C! c ~ CA S to 7 7 r. v"•~1 7 O T Sl0 U r-.,~ I m 7 J 7 I art r] O ^ t7 00a cI',n ittc3 En o e~ ~ ~ O. N' .O.r ~ R , C✓ ru T rn r0 7' r'J IG ,1 O rn 1 , 1 o ~~d O a 7~ kilJ rS'~ n/~! 7 o r. rD S, s 'O K V r 0VVzy Way z n t, c v lX J n .~-yw - O pi 7 r, r. 1 r7 o r 4 D D m E C.T d c~ m r+~ r r~ x n j et n D A v n 0 i h 4 y -rl y 0 m y o 0. 1 ^t % < T n I o I Z X :3 w r~~'+ o < I M f ~ ' o U trS r C y 70 ~ ~ ~ ~ <>n ti ~ I 1 I E~ ~ w m ~ I_. I I~ I C~ Pi r ~ O p I N I N ] I rJ 1 UI o O I C o _ M C C. o .j cJ l~ ^1 n O < n .o V W " < tv CL :3 :3 d sy j r i n 9 7 V7 G C 7 ti p k i `,,hI r--- S ~ III-~n, i -7 `l r, ~ i" t ~ J QUIP CLAIM DEED THE STATE OF TEXAS DEED RECORf75 KPiDW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON fl '73617 I That the City of Denton, Texas, a Municipal Corporation of the County of Denton and State of Texas, for and in consideraticn of the sum of Ten ($10.00) Dollars and other good and valuable consideration co it in hand paid by the Oak Ridge Company of the County of Denton and State of Texas, the receipt of which is here- by acknowledged, do, by these presents, bargain, sell, release, and forever quit claim unto the said Oak Ridge Company, its suc- cessors and assigns, all its right, title and interest in and to those certain tracts or parcels of land lying in the County of Denton and State of Texas, described as follows, to-wit: All that certain lot, tract or parcel of lard lying and being situ- ated in the City and County of Denton, State of Texas, and being part of the M.E.P. & P.R.R. Company Survey, Abstract No. 950, and being all of Twelve (12) Tracts of land, Tract One through T.^act Ten being conveyed from Richard H. Taliaferro to the City of Denton by document dated August 27, 1973 and recorded in Volume 684, Page 231 of the Deed Records of Denton County, Texas, Tract Eleven being conveyed from Richard H. Taliaferro to the City of Denton by docu- ment dated August 22, 1973 and recorded in Volume 684, Page 228 of t*Ae Deed Records of Denton County, Texas and Tract Twelve being con- veyed from Richard H. Taliaferro to the City of Denton by document dated August 22, 1973 and recorded in Volume 684, Page 230 of the Deed Records of Denton County, Texas, and being more particularly described as follows: TRACT ONE; BEGINNING at the southwest corner of an easement exo3- cu e by Richard H. Taliaferro to the City of Denton dated August 22, 1973, containing 3775.52 square feet of land, more or less; THENCE south 10 18+ 50" west at 42 feet passing the northeast cor- ner of Easement A, at 142 feet, the northeast corner of Easement B, at 242 feet, the northeast corner of Easement C, at 342 feet, the northeast corner of Easement D, at 442 feet, the northeast corner of Easement E. at 542 feet, the northeast corner of Easement F and continuing a total distance of 600 feet; THENCE east 6 feet a corner in the east line of the Taliaferro property; THENCE in a northerly direction 600 feet, more or less, a corner 8 feet east of the point of beginning and being in the south line of the 3775.32 squF.re foot utility easement; THENC'E east with the south line of said casement 8 feet to the place of beginning. TRACT TWO-EASEMENT A: BEGINNING at the northeast corner of Ease- ment A as hereinbefore identified; THENCE west at 189 feet a point in the east line of Easement IA at 389 feet a point in the east line of Easement 1B and at 588 feet is point in the east line of Easement 1C; VOL 9422 YALE 91 VOL 042 PAGE 92 THENCE south with the east line of Easement IC 16 feet a corner; THENCE east parallel with the north line of this easement 586 feet, more o'• less, a corner in the east line of the first easement here- in described; THENCE north with the east line of said easement 16 feet to the place of beginning; TRACT THREE-EASEMENT B: BEGINNING at the northeast corner of Ease- ment E as hereinbefore identified; THENCE west at 189 feet a point in the east line of Easement lA at 389 feet a point in the east line of Easement 1B and at 588 feet a point in the east line of Easement lr; THENCE south with the east line of Easement 1C 16 feet a corner; THENCE east parallel with the north line of this easement 588 feet, more or less, a corner in the east line of the first easement here- in described; THENCE north with the east line of said easement 16 feet to the pla,:e of beginning. TRACT FOUR-EASEMENT C: BEGINNING at the northeast :orner of Ease- ment C as hereinbefcre identified; • THENCE west at 189 feet a point in the east line of Easement 1A at 389 feet a point in the east line of Easement 1B and at 588 feet a point in the east li.ie of Easement 1C; THENCE south with they east line of Easement 1C 16 feet a corner; THENCE east parallel with the north line of this easement 588 feet more or less. a -.orner in the east line of the first easement here- in described, THENCE north with the east line of said easement 16 feet to the place of beginning; TRACT TeIVE-EASEMENT C: BEGINNING at the northeast corner of Ease- ment D as hereinbefore identified; TH,?NCE west it 189 feet a point in the east line of Easement lA at 389 feet a point in the east line of Easement 1B and at 588 feet a point In the east line of Easement 1C; THENCE south with the east line of Easement 1C 16 feet a corner; THENCE east parallel with the north line of this easement 588 feet, more or less, a corner in the east line of the first easement here- in described; THENCE north with the east line of said easement 16 feet to the place of beginning. TRACT SIX-EASEMENT E: BEGINNING at the northeast corner of Ease- ment E as hereinbefore identified; THENCE west at 189 feet a point in the east line of Easement IA at 369 feet a point in the east line of Easement 1B and at 588 feet, a point in the east line of Easement 1C; THA;NCE south with the east line of Easement 1C 16 feet a corner; THENCE east parallel with the north line of this easement 588 feet, more or lees, a corner in the east line of the first easement here- in described; _p_ THENCE north with the east line of said easement 16 feet to the place of beginning. TRACT SEVF14-EASEMENT F: BEGINNING at the northeast corner of Ease- ment F as hereinbefore identified; THENCE west at 189 feet a point in the east line of Easement lA at 389 feet a point in the east line of Easement 1B and at 588 feet a point in the east line of Easement 1C; THENCE south with the east line of Easement 1C 16 feet a corner-; THENCE east parallel with the north line of this easement 588 feet, more or less, a corner in the east. lire of the first easement here- in described; THENCE north with the east line of said easement 16 feet to the place of beginning. TRACT EIGHT-EASEMENT 1A: BEGINNING at the intersection of the north line of Easement A and the east line of Easement IA; THENCE north 42 feet a corner; THENCE west 10 feet, a corner; THENCE south at 42 feet the north line of Easement A at 142 feet the north line of Easement B at 242 feet the north line of Easement C, at 342 feet the north line of Easement D, at 442 feet the north line of Easement E. at 542 feet the north line of Easement F and continu- ing a total distance of 600 feet; THENCE east 10 feet a corner; THENCE north parallel with the west line of this easement 542 feet, more or less, to the place of beginning. TRACT NINE-EASEMENT 1B: BEGINNING at the intersection of the north ~ line of Easement A -and the east line of Easement 1B; THENCE north 107 feet a corner; THENCE west 10 feet a corner; THENCE south at 107 feet the north line of Easement A, at 207 feet the north line of Easement B, at 307 feet the north line of Easement C. at 407 feet the north line of Easement D. at 507 feet the north line of Easement E. at 607 feet the north line of Easement F er" continuing a total distance of 665 feet; 12HENCE east 10 feet a corner; THENCE north parallel with the west lime of this easement 542 feet more or less, to the place of beginning. TRACT TEN-EASEMENT 1C; BEGINNING at the intersection of the north line of Easement A and the east line of Easement 1C THENCE north 42 feet a corner; THENCE west 6 feet a corner in the west line of the Taliaferro tract; THENCE south 0° 18+ 50" west with the west line of the Taliaferro tract 600 feet a corner; THENCE east 6 feet a corner; THENCE north parallel with the west line of this tract 34x21 feet to the place of beginning. vat W2 P~4 93 TRACT ELEVEN: BEGINNING at a point in the west boundary 1 no -3- . vot 942 PAGE 94 said tract said point of beginning being 20.42 feet south of the northwest corner of said tract; THENCE south 51' 16' 38" east a distance of 20.42 feet to a point for a corner ; THENCE south 01 18' 50" west a distance of 124.16 feet to a point for a corner; THENCE north 89° 41' 10" west a distance of 16 feet to a point for a corner in the west boundary line of said tract; THENCE north 0° 18' 5011 east along the west boundary line of said tract a distance of 136.58 feet to the place of beginning and con- taining 2,085.92 square feet of land, more or less, TRACT TWELVE: BEGINNING at a point 20.19 feet south of the north- east corner of said tract and in the east boundary line of M.E.P. & P.R.R. Company Survey, Abstract No. 950; THENCE south 10 07' 20" west along east boundary line of said tract a distance of 229.81 feet to a point for a corner; THENCE nortt. 88° 52' 401" west a distance of 16 feet to a point for a corner; THENCE north 1° 07' 201" east a distance of 242.13 feet to a point for a corner; THENCE south 51° 16' 381" east a distance of 20.19 feet to the place of beginning and containing 3,775.52 square feet of land, more or less. TO HAVE AND TO HOLD the said premises, together with ell and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said City of Denton.. Texas, its successors and assigns, forever, so that neither the said City of Denton, Texas, nor its successors or assigns, nor any perron or persons claiming under it shall, at any time hereafter, have, claim or demand any right, claim or demand any might or title to the aforesaid premises or appurtenances, or any part thereof. WITNESS our hand this the 1-1-11-day of 1&4.te / , A. D. 1979. J TTCHELL, MAYOR t,r' DENTON, TEXAS ATTE L KS Fm0 T, IT SECRETARY CITY 0! PF,NTON, TEXAS -4- THE STATE OF TEXAS COUNTY OF DENTON q BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared Joe Mitchell, Mayor of the City of Denton, Texas, known to r+ to be the person and officer whose name is subscribed to the foregoing instrument and acknow- ledged to me that the same was the act of the City Council of the City of Denton, Texas, a Municipal Corporation, and that he exe- cuted the same as the official act of said Council for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN NDER MY HAND AND SEAL OF OFFICE This the `day of 1Ci tc i A. D. 1979. NOT Y PUBLIC IN AND FOR DEN ON COUNTY, TEXAS ";yv ~o4nr ss~on expires VOL 942 rnc~ 95 -5- ice. / - • I ^ r- I.A ~ y ? u O W i hi t7 i [cy z d ro Z vi 96 zt6 1Ch'• +~►1'+4~ uolua0'lia3~0 uuooa r, f O~ ~ ~T ~qq~e• {laP o 616! 9U 19 'aw dq uoajaq p>dwels so sewal puno0 001ua0 to 0"1 pawau aql to aged pue awn10n ay= u1 paDjw Mi Asap saa pua aw dq voaiaq padwela owil pm alcp $91 ua Pam Som luawngsl s!yl Iegl A1!l,a» Agajag taaal lpuno0 ualu30 'Ba310 A3HR00 VOLN30 10 aMmnOO SMI !0 MIS at, 'THE STATE OF TEXAS rJ1014 ALL MEN BY THESE PRESENTS COUNTY OF DENTON ~ That Western Bar,' of Denton, Texas - DEED RECjOIiQS for and in consideration of the sum of onT9o ar ($1.00),cash to us in hand paid by the City of Denton, Texas, a-municipal corporation of the County-of Denton, State of. Texas, the receipt of which is hereby acknowledged, and other g^Dd and valuable consideration including the benefits that will accrue to our property, do hereby GIVE, GRANT and EXTEND to. the said City of Denton, Texas, its successors and assigns, the right to construct, reconstruct and perpetually maintain a sewer line and appurtenances in, upon and across the following described tract of land, said tract being a strip of land 20 feet in width and 683.9 feet in length, and the centerline being more particularly described as follows: 'The centerline of a sewer line easement crossing a tract or parcel of land containing 10.0 acres, more or less, situated in the E. Morris Survey,- Abstract No. 868, Denton County, Texas, conveyed to Western-: National Banc by certain Deeds of Record as described in. Volume 767; Page 390; Deed Records of Dsnton County, Texas. EASEMENT PART ONE Beginning at 'a point that bears S 0°21' W from the Northeast corner *of said tract, a distance of 190 feet, more or less, to a POINT OF BEGINNING of said •setrer line Easement Part One. THENCE: N 60°59' W, a distance of, 438.9 feet, more or less, to a point on the North boundary line of said tract, to end of Easement Part One. Said length of Easement Part One being 438.9 feet, more or less, measured along the centerline of said easement. EASEMENT PART. 7410 Beginning at a point that bears N 89°57'23" E from the Northwest corner of said 10.0 acre tract, a distance of 240 feet, more or less,' to a- POINT OF BEGINNING of Easement Part Two. THENCE: S 81°38' 4I, a distance'of 245.0 feet, more or less, to a point on the West property line of said tract, to end of Easement Part Two. Said length of Easement Part Two being 245.0 feet, more or less, measured along the centerline of said easement, Total length of Easement Part One, plus'.Easement Part Two, being 683.9 feet, more or less. • ~vot y~`~ rACE voL 94 fA~E 490 TO NAVE AND TO HOLD, all and singular, the privileges-aforesaid to it, the said City of Denton, Texas, its successors and assigns forever, together with the right and privilege, at any and all times to enter said premises or any part thersof, for the purpose of constructing, reconstructing and perpetually maintaining siad sewer line together with necessary. appur- tenances, and for.making connections thereti•rith;'all upon the Condition that the City of Denton, Texas, will never construct any such sewer' Iine above . plow depth, and that the City of Denton, Texas, arilI"at all times,.after' doing any orork•in connection'with the construction ,reconstruction or re- pair of said sever line restore said premises as nearly as possible to the condi tion in which same were found before•such work was undertaken; including repair of all fences that might be disturbed o'•• damaged in performing said work, and further upon the condition that in the use of the aforesaid rights and privileges herein granted, the City of Denton, Texas will:not create a nuisance or any act that will be detrimental' to said premises and that said tract will not be used by said City of Denton.?. Texas for any other pur-: pose,-under this grant, except as•herein provided. Provided, however, that for the, purpose of initially constructing the sewer line and appoirtenances' above described, and during such initial construction only, the City of Den- ton, Texas, and its agents, shall have the right and privilege to enter upon,- and use for such initial construction purposes a strip of land 20 feet in width and 683.9 feet in length, more or'less, said centerline is more particularly described above, upon the condition that the City of Denton, ,Texas, and -its agents, ,wi11'restore said premises as nearly as possitrle'to ±ne condition in nich same titere -found before such 'initial, construction4rork was undertaken, including repair,of all fences that might be'disturbed or eam- aged in performing said initial construction work. WITNESS OUR IINMS this day .of A.D., 19796 WEST N BANK OF DENTON BY ATTEST; , THE STATE OF TEXAS COUNTY OF DENTON BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared Ben Walker, President of Western Bank of Denton, known to me to be the person whose name is subscribed to the fo.cegoing instrument, lodged to me that he executed the sane for the purpose siueration therein expressed and in the capacity therein; GIVEN UNDER MY HAND AND SEAL OF OFFICE, This the1 March, A. D. 1979. ~y,. NOTARY PUBLIC N~AN FOR DENTON COUNTY, TEXAS My Commission expires ) - $p q I a VOL 942 IACE 491 III i -c m a A I c cc T { i m -1 z an a 3 m o o , m o j Qa O m Q f9Yd G~~1 1Gh ~ *no* mma w* uNrom •a? 6[618 t 8VW a row oq uo, -y ; ..1;; sa <ioj 'R,unoa "usq o 1pJobi p w" Al la Aa d pua swnloa a41 ul Papbi iN 4np scm pua ow N oaauq padwra swil pup npp ow uo p-pl sew pwnllul s141 1041 x4miso " 1 d anal 'A;WVO uoluaa M131311U1f10D 11C1N30 !Q hlllA0~1 ~ j ►4f I i M, r 1~l y rt O V 1 N P• H N w rt : a n (D ro zv o w N H rt z rt P. £O£ :r 0 H rn w w x oa H w H tD N fD (P rt (D f p, p w LI-S 1331+`. M n N m rn C tD p rt N _ m N N A H. 7 n 01 -S :33HS I33iISS 3I1ilvHl ~ fD n A H m m N r, D H m ~ `C d N i m ow M rt ~ ^ r O N N m rn _ n S,3'd2tSS 3cIfi07 / N m r^ m f ~ f` N I ~ I I," 3HIS 3?107'idH0 N I A I~ N N J.33NSS V773.15 ~i ci x i~ < m n `t w Y• . Y•o .r 1 Fl NFh W fG M W 0 n rt W < rt I N 9 N rt Y. ~ ;C W C 7 r U Y. 7 D N < f✓ < r: r W rJ h N rrx I n n o' a H. (D 7 M rt W Fl- Di H. O rt n ~ I M S r DD rt 14 Rr t1 7 I ! ~J 0-i I I ! I I VJ 3 x H ♦ o I II O ~ I z r I I ~ m_ I c. 1 U f~ 7 ~ r T1 ffl v fn f-~ O _ < U) Z D D ~`oN T i. 7) TI iZ~ n 1 I "C" :L AVENVE i N J7 0 n fJ '~j m I ; L7 , Pf E ~ I I C) I i b ~ Q fI1 n O N D W Messrs. Dumas, Huguenin, Boothman and Morrow 1212 United National Bank Building Dallas, Texas 75201 Re: Texas Municipal Power Agency Revenue Bonds, Series 1?79 Gentlemen: Enclosed you will find four copier of a certificate duly executed but undated relating to the financial condition of the electric system of the City named below. You ave hereby authorized to date and release said certificate on the date of closing (March 27, 1979). Very truly yours, Gbh-r-~" C'b Director of Finance City of Denton, Texas 4 l THE STATE OF TEXAS COUNTY OF DENTON CITY OF DFNTON I, the undersigned, Director of Finance of the City of Denton, Texas, DO HEREBY CERTIFY that 1 have examined the attached extracts from the financial statements of the City of Denton which are dated September 30, 1978, and that there has been no substantial change in the financial condi- tion of the City's electric system since September 30, 1978. TO CERTIFY WHICH, witness my official signature, this the day of March, 1979. Director of Finance City of Denton, Texas I, the undersigned, City Secretary of the City of Denton, Texas, DO HEREBY CERTIFY that the foregoing instrument bears the signature of the person holding office (as of the date of execution) shown under the signature. TO CERTIFY WHICH, witness my official signature and the seal of said City, this the day of March, 1979. ~u Cit Secretary City of Denton, Texas (City Seal) A CERTIFICATE FOR ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGA'ION BONDS THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON , War the undersigned officers of said City, hereby certify as follows: 1. The City Council of said City convened in REGULAR MEETING ON THE 6TH DAY OF MARCH, 1979, at the Municipal Building kCity Hall), and the roll was called of the duly constituted officers and members of said City Council, to-wit: Brooks Holt, City Secretary Joe Mitchell, :Mayor Bill Nash Mary Claude Gay, Mayor Pro Tem Elinor Hughes Dick Stewart and all of said eXsons~re present, except the following absentees: , thus constituting a quo um. Whereupon, among other business, the following was transacted at said Meeting: a written ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAr OBLIGATION BONDS was duly introduced for the consideration ~)f said City Council and read in full. It was then duly movpc; 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 truq, full, and correct copy of the aforesaid Ordinance passed at the Meeting described in the above and fore- going paragraph is attached to and follows this Certificate; that said ordinance has been duly recorded in said City Council's minutes of said Meeting; that the above and foregoing paragraph is a true, full, and correct excerpt from said City Council's minutes of said Meeting pertaining to the passage of said ordi- nance; that the persons named in the above and foregoing 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 notifif;d officially and personally, in advance, of the time, place, and purpose of the aforesaid Meeting, and that said ordinance would be introduced and considered for passage at said Meeting, and each of said officers and members consented, in 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 has approved, and hereby approves, the aforesaid Ordinan:,.e; that the Mayor and the City :acretary of said City have duly signed said Ordinance; and teat 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. SID AN%SEALE~ he 6th day of Marc 197 . 00. --(J City cretary Mayor (SEAL) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - We, the undersigned, being respectively the City Attorney and the Bond Attorneys of the City of Denton, Texas, hereby cer- tify that we prepared and approvel aF to legality the attached and following Ordinance prior to passage a"fBoresaid. City Attorney Bo d ttorneYs `79- I to ORDINANCE NO. 79-16 ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON WHEREAS, the bonds hereinafter authorized were lawfully and favorably voted at elections duly held in said City on DECEMBER 18, 1973, and FEBRUARY 280 1978; and WHEREAS, out or the bonds votea at the election held _)n DECEMBER 18, 1973, for such purpose, the following previously have been issued and delivered: $5,500,00J out of a voted total of $6,000,000 for the purpose of constructing an3 improving street; in said Ci*y, and providing drainage and flood control facilities '.n connection there- with, represented by the ;fonds of Series 1974, part of the Bonds of Series 1976, and part of the Bonds of Series 1977; and WHEREAS, none of the bonds voted at the election held on FEBRUARY 28, 1978, has been authorized, issued, or delivered; and WHEREAS, it is necessary and advisabie to authorize, issue, and deliver another installment or series of said bonds; and WHEREAS, the bonds hereinafter authorizes, and designated were voted and are to be issued and delivered ?ursuant to Vernon's Articles 823 and 1175. THE COUNCIL OF THE CITY OF D£NTON HEREBY ORDAINS: Section 1. That the said City's bonds are hereby author- ized to be issued in the aggregate principal amount of $40500.000, FOR THE PURPOSE OF PROVIDING: $500,000 FOR CON- STRUCTING AND IMPROVING STREETS IN SAID CITY, AND PROVIDING DRAINAGE AND FLOOD CONTROL FACILITIES IN CONNECTION THEREWITH; $11815,000 FCR THE ACQUISITION OF PROPERTY AND MAKING IMPROVE- MENTS FOR PUBLIC PURPOSES, TO-WIT: CONSTRUCTING AND IMPROVING ♦ STREETS IN SAID CITY AND PROVIDING DRAINAGE FACILITIES IN CON- NECTION THER£WITH; $775,000 FOR THE ACQUISITION OF PROPERTY AND MAKING IMPROVEMENTS FOR PUBLIC PURPOSES, TO-WIT: PROVIDING ADDITIONAL CITY PUBLIC LIBRARY FACILITIES; $880,000 FOR THE ACQUISITION OF PROPERTY AND MAKING IMPROVEMENTS FOR PUBLIC PURPOSES, TO-WIT: PROVIDING ADDITIONAL CITY POLICE FACILITIES; AND $530,000 FOR THE ACQUISITION OF PROPERTY AND MAKING IM- PROVEMENTS FOR PUBLIC PURPOSES, TO-WIT: PROVIDING ADDITIONAL CITY FIRE FIGHTING FACILITIES. Section 2. That said bonds shall be designated as the: "CITY OF DENTON GENERAL OBLIGATION BONDS, SERIES 1979". Section 3. That said bonds shall be dated MARCH 15, 1979, shall be in the denomination of $5,000 ear,i, shall be numbered consacutively from one upward, and shall ni.ture serially on the maturity date, in each of the years, and in the amounts, re- spectively, as set forth in the following schedule: -1- MATURITY DATE: MARCH 15 YEARS AMOUNTS YEARS AMOUNTS 1981 $225,000 1991 $225,000 1982 225,000 1992 225,000 1983 225,000 1993 225,000 1984 225,000 1994 225,000 1985 225,000 1995 225,000 1986 225,000 1996 225,000 1987 225,000 1397 225,000 1988 225,000 1998 225,000 1989 225,000 1999 225,000 1990 225,000 2000 225,000 Section 4. That the bonds scheduled to mature during the years, respectively, set forth below shall bear interest at the following rates per annum: maturities 1981, ,6-v 8 maturities 1991, S2* % maturities 1982, 7,00 % maturities 1992, S 8 maturities'1983, Z oo 8 maturities 1993, ~2 maturities 1984, 4 ,,15 % maturities 1994, _S3 o_8 maturities 1983, g.;08 maturities 1995, -~~8 maturities 1986, S.iS B maturities 1946, ys'$ maturities 1987, S. /S B maturities 19971 C' S'o % maturities 1988, S,/5 % maturities 1998, r s y% maturities 1989, S•1D8 maturities 19990 C_Le8 maturities 1990, ,20 4 maturities 2000, ,r.,f&% Said interest shall be evidenced by interest coupons which shall appertain to said bonds, and which shall be payable in the manner provided and on the dates stated in the FORM OF BOND set forth in this Ordinance. Section 5. That said bonds and interest coupons shall be issued, shall be payable, may be redeemed prior to their schedul- ed maturities, shull have the characteristics, and shall b~i sign- ed and executed (and said bonds shall be sealed), all as provided, and in the manner indicated, in the FORM OF BOND set forth in this Ordinance. Section 6. That the form of said bonds, including the form of Registration Certificate of khe Comptrcller of Public Accounts of the State of Texas to be print.+d and endorsed on each of said bonds, and the form of the aforesaid interest coupons which shall appertain and be attached initially to each of said bonds, shall be, respectively, substantially as follows: FORM OF BOND: NO. $5,000 UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON GENERAL OBLIGATION BOND SERIES 1979 ON MARCH 15, , THE CITY OF DENTON, Denton County, Texas, hereby promises to pay to bearer hereof the principal amount of FIVE THOUSAND DOLLARS t .2- . c} . 1 to and to pay interest thereon, from date here f, at the rate of % p<r annum, evidenced by interest coupons payable MARCH 15, 1980, and semiannually thereafter while this bond is outstanding. THE PRINCIPAL of this bond and the interest coupons apper- taining hereto shall be payable to bearer, in la!,ful money of the United States of America, without exchange or collection charges to the bearer, upon presentation and surrender of this bond or proper interest coupon, at the following, which shall constitute and be defined as the "Paying Agent" for this Series of Bonds: CITIBANK, N.A., NEW YORK, NEW YORK, ON, AT THE OPTION OF THE BEARER, AT FIRST NATIONAL BANK IN DALLAS, DALLAS, TEXAS. THIS BOND is one of a series dated as of MARCH 15, 1979, authorized, issued, and delivered in the principal amount of $1,500,000 FOR THE PURPOSE OF PROVIDING: $500,000 FOR CON- STRUCTING AND IMPROVING STREETS IN SAID CITY, AND PROVIDING DRAINAGE AND FLOOD CONTROL FACILITIES IN CONNECTION THEREWITH; $1,815,000 FO_t THE ACQUISITION OY PROPERTY AND MAKING IMPROVE- MENTS FOP. PUE.,IC PURPOSES, TO-WIT: CONSTRUCTING AND IMPROVING GTRh'ETS IN SAID CITY AND PROVIDING DRAINAGE FACILITIES IN CON- VE,:TrON THEREWITH; S775,000 FOR THE ACQUISITION OF PROPERTY AND MAKI'u; IMPROVEMENTS 'OR PUBLIC PURPOSES, TO-WIT: PROVIDING ADDITIONAL CITY PUBLIC LIPRtARY FACILITIES; $880,000 FOR THE ACQUISITION OF PROPERTY AND MAKING IMPROVEMENTS FOR PUBLIC PURPOSES, TO-WIT: PROVIDING ADDITIONAL CITY POLICE FACILITIES; AND $530,000 FOR THE ACQUISITION OF PROPERTY AND MAKING IM- PROVEMENTS FOR PUBLIC PURPOSES, TO-WIT: PROVIDING ADDITIONAL CITY FIRE FIGHTING FACILITIES. ON MARCH 15, 1992, or on any interest payment date thereafter, any outstanding bonds of this Series msy be redeemed prior to their scheduled maturi- ties, at the option of said City, in whole, or in part, for the principal amount thereof and accrued interest thereon to the date fixed for redemptio... At least thirty clays prior to the date fixed for any such redemption said City shall cause a written notice of such redemption to be published at least once in a fi- nancial publication published in the City of New York, New York. By the date fixed for any such redemption due provision shall be made with the "Paying Agent" for the payment of the principal amount of the bonds which are to be so redeemed and accrued in- terest thareon to the date fixed for redemption. If such writ- ten notice of redemption is published and if due provision for such payment is made, all as provided above, the bonds which are to be so redeemed thereby automatically shall be redeemed prior to their scheduled maturities, and they shall not bear interest after the date fixed for redemption, and they shall not be re- garded as being outstanding except for the right of the bearer to receive the redemption price from the "Paying Agent" out of the funds provided for such payment. IT IS HEREBY certified, recited, and covenanted that this bond has been duly and validly voted, authorized, issued, and de- livered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the voting, authorization, issuance, and delivery of t5is bond have been per- formed, existed, and been done in accordance with law; that this bond is a goneral obligation of said City, issued on the full faith and credit thereof; and that annual ad valorem taxes suffi- cient to provide for the payment of the interest on and principal -3- 7q-IL, of this bond, as such interest comes due and such principal ma- tures, have been levied and ordered to be levied against all tax- able property in said City, and have been pledged irrevocably for such payment, within the limit prescribed by law. IN WITNESS WHEREOF, this bond and the interest coupons apper- taining hereto have been signed with the facsimile signature of the Mayor of said City and countersigned with the facsimile signa- ture of the City Secretary of said City, and the official seal of said City has been duly impressed, or placed in facsimile, on this bond. xxxxxxxx xxxxxxxx City Secretary Mayor FORM OF REGISTRATION CERTIFICATE: COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. I hereby certify that this bond has been examined, certi- fied as to validity, and approved by the Attorney General of the State of Texas, and that this bond has been registered by the Comptroller of Public Accounts of the State of Texas. Witness my signature and seal this xxx.xxxx Comptro ar o Public Accounts o the State of Texas. FORM OF INTEREST COUPON: NO. $ ON 15, THE CITY OF DENTOV, in Denton County, State of Texas, promises to pay to bearer the amount shown on this interest coupon, in lawful money of the United States of America, with- out exchange or collection charges to the bearer, unless due provision has been made for the redemption prior to scheduled maturity of the bond to which this interest coupon appertains, upon presentation and surrender of this interest coupon, at CITIBANK, N.A., NEW YORK, NEW YORK, OR, AT THE OPTION OF THE BEARER, AT FIRST NATIONAL BANK IN DALLAS, DALLAS, TEXAS, said amount being interest coming due that-day on the bond, bearing the number hereinafter designated, of that issue of CITY OF DENTON GENERAL OB,,IGATION BONDS, SERIES 1979, DATED MARCH 15, 1979. Bond No. xxxxxxxx xxxxxxxx City Secretary _ Mayor Section 7. That a special "Interest and Sinking Fund" is hereby created solely for the benefit of said bonds, and said Interest and Sinking Fund shall be ?stablished and maintained by said City at an off:Lcial depository bank of said city. Said Interest and Sinking Find shall be kept separate and apart from all other funds and accounts of Said City, and shall be used only for paying the interest on and principal of said bonds. All ad valorem taxes levied aid collected for and c.n account of said bonds shall be deposited, as collected, to the crod£t of said -4- 79 - rte Interest and Sinking Fund. During each year while any of said bonds or interest coupons appertaining thereto are outstanding and unpaid, thp, governing body of said City shall compute and ascertain a rate and amount of ad valorem tax which will be suffi- cient to raise and produce the money required to pay th interest on said bonds as such interest comes due, and to provide and maintain a sinking fund adequate to pay the principal of such bonds as such principal matures (but never less than 2% of +ne original principal amount of said bonds as a sinking fund :ach year) ; and said tax shall be based Gn the latest approvaa tax rQlls of said City, with full allowance being made for tax de- linquencies and the cost of tax collection. Said rate and amount cf ca valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable property in said City for each year while any of said bonds or interest coupons appertaining thereto are: outstanding and unpaid; and said tax shall be assessed and collected each such year and deposited to the credit of the afore- said Interest and Sinking Fund. Said ad valorem :axes sufficient to provide for the payment of the interest on and principal of said bonds, as such interest comes due and such principal matures, are hereby pledged irrevocably for such payment, within the limit prescribpc. by law. Section 8. That the mayor of said City is hereby authorized to have control of said bonds and all necessary records and pro- ceedings pertaining to said bonds pending their delivery and their investigation, examination, and approval by the Attorney General of the State of Texas, and their registration by the Comptroller of Publi,: Accounts of the State of Texas. Upon registration of said bonds, said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate printed and endorsed or each of said bonds, and the seal of said Comptroller shall be impr3ssed, or placed in facsimile, on each of said bonds. Section 9. That the City covenants to and with the pur- chaser of the bonds that it will make no use of the proceeds of the bonds at any time throughout the term of this issue of bonds which, if such use had been reasonably expected on the date of delivery of the bonds to and payment for the bonds by the purchasers, would have caused the bonds to be arbitrage bonds within the meaning of section 103(c) of the internal Revenue Code of 1954, as amended, or any regulations or rulings pertaining thereto; and by this covenant tine city is obligated to comply with the requirements of the aforesaid Section 103(c) and all applicable and pertinent Department of the Treasury regulations relating to arbitrage bonds. The City further covenants that the proceeds of the bonds will not otherwise be used directly or in- directly so as to cause all or any 'art of the bonds to be or be- come arbitrage bonds within the mea,,,ng of the aforesaid Section 103(c), or any regulations or ridings pertaining thereto. Section 10. That the city council officially finds, de- termines, and declares that said bonds have beer duly advertis- ed for sale as required by the Home Rule Charter of •iaid City; that sealed bids have been received at a public sale of said bonds held on March t, 1979; that all of said bonds are hereby sold a and shall be deliver d t fa, syndic e m naged or headed , being e be%t bidder at said public gale, or the prncipa amount of said bonds, and accrued interest thereon to the date of delivery, plus a premium of $ O -5- Section 11. It is further found and determined that a notice if sale for said bonds as required by the Home Rule Charter of said City was duly published on February 1, 1979, in The Bond Buyer, Ncw York, New York, which is a national publication regularly and primarily carrying financial news and municipal bond sale notices, and on January 31, 1979, in the Denton Record-Chrinicle, which has been designated as the offi- cial newspaper of the City of Denton. The form and substance of said official Notice of Sale, an": the aforesaid pu:;lications thereof, are hereby approved and ratified in all respects by the City Council. Section 12. That it is hereby officially found, determin- ed, and declared that said bonds have been sold at public: sale to tJie bidder offering tie lowest interest cost, after receiv- ing sealed bids pur,.;uan: co an Official Notice of Sale and official Statement dated February 15, 1979, prepared and dis- tri'auted in connection with the sale of said bonds. Said Offi- cial Notice of Sale and Official Statement have been and are hereby approved by the City Council. It is further officially found, determined, and declared that the statements and repre- sentations contained in said official Notice of Sale and offi- cial Statement are true and correct in all material respects, to the best knowledge and belief of the City Council. -6- '19.1f~ Ci 0 ~ ce G l~ yw 7 -r NO. ` AN ORDINANCIB AMENDING CHAPTER 24 "TRAFFIC", ARTICLE II, OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY ADDING A NEW SECTION 24-67 PROHIBITING TRUCK TRAFFIC ON A CERTAIN PORTION OF BELL AVENUE; PROVIDING M' EXCEPTIONS; PROVIDING A PENALTY; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION I. That Chapter 24 "Traffic", Article II "Operation of Vehicles Generally", is hereby amended by adding a new Section 24-07 which will hereinafter read as follows; "Section 24-67. TRAFFIC PROHIBITED ON BELL AVENUE (a) Unless otherwise provided herein, no motor vehicle, truck- tractor, farm-tractor, road-tractor, commercial motor vehicle or motor bus shall be operated over, on, or upon Bell Avenue between Sherman Drive and Withers Street if such vehicle has a. gross vehicle weight in excess of 12,000 pounds. As used in this section, "gross vehicle weight" means the manufacturer's recommecded gross vehicle weight or the total gross weight for which the vehicle is registered, whichever is greater. (b) The provisions of this ordinance shall not apply to any emergency vehicle of the city or state, or to a::y motor vehicle, I truck-tractor, farm-tractor, road-tractor, commercial motor vehicle or motor bus making deliveries and/or taking loads to destinations on Bell Avenue between Sherman Drive and Withers Street or in the immediate area of a street which intersects Bell Avenue between Sherman Drive and Withci~d Street which requires travel over Bell Pienue betweeq Sherman Drive and Withers Street. SECTION 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 to exceed Two Hundred Dollars ($200.00). Each day such a violation shall continue or be permitted, shall be treated as a separate offense. . SECTION Ill. That this ordinance shall become effective fourteen days #from the date of its passage, and the City Secretary is hereby directed to cause the caption of this r.rdinance to be published twice in the Denton Record-Chronicle, th-e official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVFD This the 6th day of March, A. D. 1979. G , MITCHELLi b4AYOR CITY OFD T9 VT0N", -TEXAS' ATTEST:) AIT S HOLT, CITY SECRETARY Y~OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: AUL C. I AM, CITY ATTORNEY CITY OF DENTON, TEXAS a c_ ~ ~ f - ° ~ 'j, n i1 c ~ C'' I ~ L ..1 f `A ~ ~ ~ V • r I r i 1 CERTIFICATE FOR ORDINANCE AUTHORIZING THE ISSUANCE OF WATER AND SEWER SYSTEM REVENUE BONDS THE STATE Of TEXAS COUNTY OF DENTON CITY OF DENTON We, the undersigned officers of said City, hereby certify as follows: 1. The City Council of said City convened in REGULAR MEETING ON THE 6TH DAY OF MARCH, 1979, at the Municipal Building (City Hall), and the roil was called of the duly constituted officers and members of said City Council, to-wit: Brooks Holt, City Secretary Joe Mitchell, Mayor Bill Nash Mary Claude Gay, Mayor Pro Tem Elinor Hughes Dick Stewart and all of said ersons were present, except the following absentees: _ , thus constituting a q orum. Whereupon, F.mong other business, the following was transacted at said Meecing: a written ORDINANCE AUTHORIZING THE ISSUANCE OF WATER AND SEWER SYSTEM REVENUE BONDS was duly introduced for the consideration of said Cit;> Council and read in full. It was then duly moved and seconder: chat said ordinance be passed; and, after due discussion, said mo- tion, carrying with it the passage of said Ordinance, prevail- ed and Carr.4.ea 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 tea aforesaid Ordinance passed at the Meeting described in the above and fore- going paragraph is attached to and follows this Certificate; that said ordinance has been duly recorded in said City Council's minutes of said Meeting; that the above and foregoing paragraph is a true, full, and correct excerpt from said City Council's minutes of said Meeting pertaining to the passage of said ordi- nance; that the persons named in the above and foregoing para- graph are the duly chosen, qualified, and acting officers and members of said City Council as indicated therein; that each of the officers and members of said City Council was duly and suffi- ciently notified officially and personally, in advance, of the time, place, and purpose of the aforesaid Meeting, and that said ordinance would be introduced and considered for passage at said Meeting, and each of said officers and members consented, in ad- vance, to the holding of said Meeting for such p,arpose; and that said Meeting was open to the public, and public nutics of the time, place, and pur~ose of said meeting way, given, all as re- quired by Vernon's Ann. Civ. St. Article 6252-17. 3, That the mayor of said City has approved, and hereby approves, the aforesaid Ordinance; that the Mayor and the City Secretary of said City have duly signed said Ordinance; and that the Ms .,r and the City Secretary of said City hereby de- clare tha•, their signing of this Certificate small constitute the signing of the attached and following copy of said ordinance for all purposes, SIGNED AND SEALF.O the 6th day of March, 1979. City Secretary Mayor ( AL) - - - - - - - - - - - - - - - - - - - - - - - - - - - 4e, the un:ersigned, being respec.Lvely the City Attorney and tha pond Attorneys of the City of Venton, Texas, hereby cer- tify that we prepared and approved as to legality the attached and following ordinance pr:URIO ge as aforesaid. Atto ey )Ile, 79 ! 5 Ijohd attorneys ORDINANCE NO. 79-15 ORDINANCE AUTHORIZING THE ISSUANCE OF WATER AND SEWER SYSTEM REVENUE BONDS THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON WHEREAS, the bonds hereinafter authorized were lawfully and favorably voted at an election duly held in said City on MAY 16, 1972; and WHEREAS, out of the bonus voted at said election, the following previously have been issued and delivered: $3,475,000 out of a voted total of $5,275,000, for the purpose of improving and extending the City's Waterworks Oystem, represented by part of the Series 1972 Bonds, part of the Series 1974 Bonus, and part of the Series 1977 Bonds, and $ 525,000 out of a voted total of $5,725,000, for the purpose of improving and extending the City's Sewer System, represented by part of the Series 1972 Bonds, part of the Series 1974 Bonds, and part of the Series 1977 Bonds; and WHEREAS, the bonds hereinafter authorized and designated were voted and are to be issued and delivered pursuant to Vernon's Articles 1111 through 1118. THE COUNCIL OF THE CITY OF DENT014 HEREBY ORDAINS: Sectio:: 1. That the said City's bonds are herby author- ized to be issued in the aggregate principal amount of $41000,000 for the purpose of providing $1,000,000 FOR IMPROVING AND EX- TENDING THE CITY'S WATERWORKS SYSTEM, and providing $3,000,000 FOR IMPROVING AND EXTENDING THE CITY'S SEWER SYSTEM. Section 2. That said bonds shall be designated as the: "CITY OF DENTON WATER AND SEWER SYSTEM REVENUE BONDS, SERIES 1979". Section 3. That- said bonds shall be dated MARCH 15, 1979, shall be in the denomination of $5,000 each, shall be number- ed consecutively from one upward, and shall mature serially on the maturity date, in each of the years, and in the amounts, respectively, as set forth in the following schedule: MATURITY DATE: JULY 15 YEARS AMOUNTS YEARS AMOUNTS 1981 $100,000 1991 $225,000 1982 1000000 1992 225,000 1983 1000000 1993 225,000 1984 1000000 1994 225,000 1985 2250000 1995 225,000 1986 225,000 1996 225,000 1987 225,000 1997 2250000 1988 225,000 1998 225,000 1989 225,000 1999 225,000 1990 225,000 2000 225,000 ~I -1- f i • Section 4. That the bonds scheduled to mature during the years, respectively, set forth below shall bear interest at the following rates per annum: maturities 1981, ,7S 8 maturities 1991, 5.3o maturities 1982, ;•7S 8 maturities 1992, maturities 1983, L.)f $ maturities 1993, _V y. 8 maturities 1984, 8 maturities 1994, f Ka 9 maturities 1985, J,. 75 % maturities 1995, ~,fv 8 maturities 1986, x.75% maturities 1996, Gc maturities 1987, % maturities 1997, 5.7S% maturities 1988, 8 maturities 1998, s,7r % maturities 1999, 3o % maturities 1999, X75 maturities 1990, ~.3oB maturities 2000, s % Said interest shall be evidenced by interest coupons which shall appertain to said bonds, and which shall be payable in the manner provided and on the dates stated in the FORM OF BOND set forth in this ordinance. Section 5. That said bonds and interest coupons shall be issued, shall be payable, may be redeemed prior to heir sch-dul- ed maturities, shall have the characteristics, and shall be sign- ed and executed (and said bonds shall be sealed), all as provid- ed, and in the manner indicated, in the FORM OF BOND set forth in this ordinance. Section 6. That the form of said bonds, including the form of Registration Certificate of the Comptroller of Public Accounts of the State of 'T'exas to be printed and endorsed on each of said bonds, and the form of the aforesaid interest cou- pons which shall appertain and be attached initially to each of said bonds, shall be, respectively, substantially as follows: FORM OF BOND: f NO. $5,000 UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON WATER AND SEWER SYSTEM REVENUE BOND SERIES 1979 ON JULY 15, , THE CITY OF DENTON, in Denton County, Texas, hereby promfses to pay to bearer hereof the principal amount of FIVE THOUSAND DOLLARS and to pay interest thereon, from date hereof, at the rate of % per annum, evidenced by interest coupons payable JULY 15, 19'T9, and semiannually thereafter while this bond is outstand- ing. THE PRINCIPAL of this bond a_,d the interest coupons apper- taining hereto shall be payable to bearer, in lawful money of the United States of America, without exchange of collection charges to the bearer, upon presentation and surrender of this bond or proper interest cojpon, at the following, c4hich shall constitute and be defined as the "Paying Agent" for this Series of Bonds: -2- ?q-IS CITIBANK, N.A., NEW YORK, NEW YORK, OR, AT THE OPTION OF THE BEARER, AT FIRST NATIONAL BANK IN DAL,-,AS, DALLAS, TEXAS. THIS BOND is one of a Series dated as of MARCH 15, 1979, authorized, issued, and delivered in the principal amount of $4,000,000 for the purpose of providing $1,000,000 FOR IMPROV- ING AND EXTENDING THE CITY'S 1,7A'i,:5440RKS SYSTEM, and providing $3,000,000 FOR IMPROVING AND EXTENDING THE CITY'S SEWER SYSTEM. ON JULY 15, 1992, or on any interest payment date thereafter, any outstanding bonds of this Series may be redeemed prior to their scheduled maturi- ties, at the option of said City, in whole, or in par', for the principal amount thereof and accrued interest thereon to the date fixed for redemption. At least thirty days prior to the date fixed for any such redemption said City shall cause a written notice of such redemption to be published at lee.st once in a fi- nancial publication published in the City of New York, New York. By the date fixed for any such redemption due provision shall be made with the "Paying Agent" for the payment of the principal :..,oust of the bonds which a:e to be so redeemed and accrued in- terest thereon to the date fixed for redemption. If such writ- ten notice of redemption is published and if due provision for such payment is made, all as provided above, the bonds which are to ::)e so redeemed thereby automatically shall be redeemed prior to their scheduled maturities, and they shall not bear interest after the date fixed for redemption, and they shall not be re- gardid as being outstanding except for the right of the bearer to receive the redemption price from the "Paying Agent" out of the funds provided for such payment. IT IS HEREBY certified and covenanted that this bond has been duly and validly authorized, issued, and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this bond have been performed, existed, and been done in accordance with law; that this bond is a special obligation; and that the principal of and interest on this bond, together with other revenue bonds of said City, are payable from, and secured by a first lien on and pledge of, the Net Revenues of said City's Waterworks and Sewer System. SAID CITY has reserved the right, subject to the restrictions stated, and adopted by reference, in the Ordinance authorizing this Series of bonds, to isaae additional parity revenue bonds which also may be made payable from, and secured by a first lien on and pledge of, the aforesaid Net Revenues. THE HOLDER HEREOF shall never have the right to demand pay- ment of this obligation out of any funds raised or to be raised by taxation. IN WITNESS WHEREOE', this bond and the interest coupons apper- taining hereto have been signed with the facsimile signature of the Mayor of said City and countcarsigned with the facsimile signa- ture of the City Secretary of said City, and the official seal of said City has been duly impressed, or placed in facsimile, on this bond. XXXXXXXX XXXIAXXX C it. Secretary Mayor -3- 79-is FORM OF PEGISTRATION CERTIFICATE: COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. I hereby certify that this bond has been examined, certi- fied as to validity, and approved by the Attorney General of the State of Texas, and that this bond has been registered by the Comptroller of Public Accounts of the State of Texas. Witness my signature and seal this xxxxxxxx Comptro :.er of Public Accounts o the State of Texas. FORM OF INTEREST COUPON: NO. $ ON 15, , THE CITY OF DENTON, in the County of Denton, State of Texas, promises to pay to bearer the amount shown on this interest coupon, in lawful money of the United States of Amarica, with- out exchange or collection charges to the bearer, unless due provision has been made for the redemption prior to scheduled maturity of the bond to which this interest coupon appertains, upon presentation and surrender of this interest coupon, at CITIBANK, N.A., NEW YORK, NEW YORK, OR, AT THE OPTION OF THE BEARER, AT FIRST NATIONAL BANK IN DALLAS, DALLAS, TEXAS, said amount being interest coming due that day on the bond, bearing the number hereinafter designated, of t'tat issue of CITY OF DENTON WATER AND SEWER SYSTEM REVENLE :jONDS, SERIES 1979, DATED MARCH 15, 1979. The holder hereof shall never have the right to demand payment of this obligation out of any funds raised or to be raised by taxation. Bend No. xxxxxxxx xxxxxxxx City Secretary Mayor Section 7. (a) That the term "Outstanding Bonds," as herein- after used in this Ordinance, shall mean all of said City's pres- ently outstanding 1^onds which are payable from, and secured by a first lien on and pledge of, the Net Revenues of said City's Waterworks and Sewer System. (b) That the bonds authorized hereby are parity "Additional Bonds" as defined in the ordinance passed on July 12, 1960, authorizing the issuance, sale, and delivery of said City's Water and Sewer System Revenua Bonds, Series 1960. (c) That Sections 9 through 2: of said ordinance are hereby adopted by reference and shall be applicable to the bonds au- thorized to be issued by this Ordinance for all purposes, except to the extent hereinafter specifically modified and supplemented. The bonds authorized to be issued by this Ordinance and the Out- standing Bonds are and shall be on a parity and of equal dignity in all respects, and are and shall be paya-)le .from, and secured by a first lien on and pledge of, the Net tevenues of said City's Waterworks and Sewer System. -4- 7q-r,5 . Section 8. That, in F.ddition tc all other amounts requir- ,ed by the ordinances, respectively, authorizing the Outstanding Bonds. there shall be deposited into the Interest and Sinking Fund ;created for the benefit of saic. Outstanding Bonds and all Additional Bonds), from the Net Revenues of the Svstem, the following: (a) such amounts, in equal monthly installments, made on or before the last day of each month hereafter, as will be sufficient to pay the interest scheduled to come due on said Series 1979 Bonds on the next interest payment date; and (b) such amounts, in equal monthly installments, made on or before the last day of each month hereafter, commencing, in July, 1980, as will be sufficient to pay the next maturing prin- cipal of said Series 1979 Bonds. Section 9. That the Reserve Fund heretofore created for the bene°it of the Outstanding Bonds and all Additional Bonds now contains money and investments not less than the amount of $522,000 ?.n market value. On or before the last day of each month heeafter there shall be deposited into the Reserve Fund such amounts, in equal monthly installments, as will cause the Reserve Fund to contain, within five years after the date of the Seri(~s 1979 Bonds, an amount of money and investments equal in market value to the average annual principal and interest re- quirements on the Outstanding Bonds and the Series 1979 Bonds (the "Reserve Required Amount"). Thereafter, no additional de- posits shall be made into the Reserve Fund as long as the money and investments therein are equal to the Reserve Required Amount; but if and whenever the Reserve Funa is reduced below the Reserve Required Amount, a monthly deposit shall be made, on or before the last day of each month thereafter, into the Reserve Fund from Net Revenues of the System (after the required deposits have been made into the Interest and Sinking Fund), in an amount equal to 1/60th of the Reserve Required Amount, until such time as the Reserve Fund has been restored to the Reserve Required Amount; and the City covenants to keep and ma+ntain the Reserve Re:quirea Amount in the Reserve Fund in the man-.er described above. The Reserve Fund shall be maintained, used, and may be invested, for the benefit of the Bonds and all Additional Bonds, in accordance with the procedures, as herein modified and supplemented, set forth in tho ordipances, respectively, authorizing the outstand- ing Bonds. It is provided, however, that if and whenever, due to investment income or otherwise, the Reserve Fund contains an amount in excess of the Reserve Required Amount, such excess shall be deposited immediately to the credit of the Rovonue Fund. Section 10. That the bonds authorized by this Ordinance are and shall be special obligations of said City, and the holder or holders thereof shall never have the right to demand payment of said obligations out of any funds raised ox to be raised by taxation. Section 11. That the Mayor of said City is hereby author- a.zed to have control of said bonds and all necessary records and proceedings pertaining to said bonds pending their uelivery and their investigation, examination, and approval by the Attorney General of the State of Texas, and their registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of said bonds, said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration -5- 79 -15 Certificate printed and endorsed on each of said bonds, and the seal of said Comptroller shall be impressed, or placed in facsimile, on each of said bonds. Section 12. That the City covenants to and with the pur- chaser of the bonds that it will make no use of the proceeds of the bonds at any time throughout the term of this issue of bonds which, if such use had been reasonably expected on the date of delivery of the bonds to and payment for the bonds by the purchasers, would have caused the bonds to be arbitrage bonds within the meaning of Section 103(c) of the Internal Revenue Code of 1954, as amended, or any regulations or rulings pertaining thereto; and by this covenant the City is obligated to comply with the requirements of the aforesaid Section 103(c) and all applicable and pertinent Department of the Treasury regulations relating to arbitrage bonds. The City further covenants that the proceeds of the bonds will not otherwise be used directly or in- directly so as to cause all or any part of the bonds to be or be- come arbitrage bonds within the meaning of the aforesaid Section 103(c), or any regulations or rulings pertaining thereto. Section 13. That it is hereby officially found and deter- mined: that a case of emergency or urgent public necessity exists which requires the holding of the meeting at which this Ordinance is passed, such emergency or urgent public necessity being that the proceeds from the sale of said bonds are required as soon as possible and without delay for necessary and urgently needed public improvements; and that said meeting was open to the public, and public notice of the time, place. and purpose of said meeting was given, all as required by VHrnnn's Ann. Civ. St. Article 6252-17. Section 14. That ti:e City Council officially finds, deter- mines, and declares that said bonds have been duly advertised for sale as required by the Home Rule Charter of said City; that sealed bids have been received at a public sale of said bonds held on March 6, 1979; that all of said bonds are hereby sold and shall be delivered to a sxndicate managed or headed by Yha n+l~ WI~.:.te W.,/y( cf# , YA.U ~.4 a".-c~.r~i..- , being the best bidder at ai public sale, for'ithe principal amount of said bonds, and accrued interest thereon to the date of delivery, plus a premium of $596..~S - Seetion 15. It is further found and determined that the official Notice of Sale for sa'd bonds was duly published on February 1, 1979 in The Bond Buyer, New York, New York, which is a national publication regularly and primarily carrying fi- nancial news and municipal bond sale notices, and on January 31, 1979, in the Denton Record-Chronicle, which has been designated au the official newspaper of the City of Denton. The form and substance of said official Notice of Sale, and the aforesaid publications thereof, are hereby approved and ratified in all respects by the City Council. Section 16. That it is hereby officially found, determin- ed, and declared that said bonds have been sold at public sale to the bidder offering the lowest interest cost, after receiving sealed bids pursuant to an official Notice of Sale and Official Statement dated February 15, 1979, prepared and d stributnd in connection with the sale of said bonds. Said Official Notice of Sale and official Statement have been and are hereby approved by the City Council. It is further officially founu, determined, and declared that the statements and representations contained in said official Notice of Sale and Official Statement are true and correct in,all matarial r_spocts, to the best knowledge and belief or the City Cotuscil. -6- 1'7-r5 . ~ 0 0 \o 0 o{- . ~ ~ ~ c~ , r . , ~ ~ A RESOLUTION by the City Council of the City of Denton, Texas, relating to the North Texas Higher Education Authority, Inc; approving certain actions taken by the Board of Directors of the Corporation; approving the Directors thereof; providing an effective date. WHEREAS, the governing body of the City of Denton, Texas, on the 5th day of July, 1978, requested that certain individuals proceeded to re-organize and re-establish a non-profit corporation pursuant to the Texas Non-Profit Corporation Act, for the purpose of furthering educational opportunities of students by providing funds for the acquisition of student loans; that such has been accomplished, the corporation being known as the "North Texas Higher Education Authority, Inc."; and WHEREAS, the North Texas Higher Education Authority, Inc. has proceeded in the development of a plan of doing business and it is now appropriate for this governing body to approve the actions taken and the composition of the Board of Directors of the said Corporation; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SUCTION 1: This governing, body has been advised i y the North'5x_as=&her Education Authority, Inc. that such Corpora- tion, upon approval thereof by the governing bodiC3 of the Cities of Denton and Arlington, Texas, proposes to issue revenue bonds in order -o obtain funds to purchase student loan notes which are gguaranteed tinder the provisions of the Higher Education Act of 1965 (Public Law 89-329), as amended, as provided by Chapter 53 of the Texas Education Code; that such bonds would be initially issued as "Series A" bonds in the aggregate principal amount of $20,000,000 and that such bonds would be payable from and be secured by a pledge of revenues derived from or by reason of the ownership of student loan notes and investment income after deduction of such expenses for operating the loan program as may be specified by the bond resolution or trust indenture authorizing or securing such bonds and the payment thereof. SECTION 2: This governing body hereby requests that the North ex`ri Migher Education Authority, Inc,, proceed with the issuance and delivery of such bonds for the purposes aforesaid, and in this connection requests that the said Corporation exercise the powers enumerated and provided in Section 53.47 of the Texas Education Code; that such non-profit corporation shall, in this connection, exercise such powers for and on behalf of the City and the State of Texas, as contemplated by Section 53.47(6) of the Texas Education Code. I SECTION 3: That the following instruments or actions, to (a) the By-Laws of the Corporation, as adopted by the Board of Directors; (b) the Articles of Amendment to the Articles of Incorporation of the Corporation; (c) the Plan of Doin; Business of the Corporation, as adopted by the Board of Directors; (d) the election or designation of the eight Directors of tho Corporation; and (e) the authorization of the Series A bonds of the said Corporation in the principal amount of $20,000,000; are hereby approved. SECTION 4: That the City of Denton, Texas, agrees to accept ca-as that may be conveyed to it by the Corporation when such funds are not encumbered and all bonds of the Corporation are paid and retired, but in no event does the City agree to assume any responsibility in connection with the administration of this student loan program; it being understood this responsi- bility is being assumed by the Corporation. SECTION 5: It is recognized by this governing body that the instruments which authorize the issuance of bonds by the Corporation will specifically state that the City of Denton, Texas, is not obligated to pay the pr.'.nczpal of or interest on the bonds proposed to be issued by the (,Drpuration. Nothing in this resolution shall be construed as an indication by the City of Denton, Texas, that it will -ay or provide for the payment of any obligation of the said „orporation whether hercLufore or hereafter incurred, and in this connection, attention is called to the Constitution of Texas wherein i.c is provided that a City may incur no indebtedness without having made provision for its payment, and the City of Denton hereby specifically refuses to set aside any present or future funds, assets or money for the payment of any indebtedness or obligation of the Corporation. SECTION 6: This resolution shall be effective from and after its passage. PASSED AND APPROVED, this day cf ._0&09~4, 1979. i M~igor, City o enton, Texas ATTEST: t cretary, City o Denton,Texas ;•:ity goal) 'gj i I ,y I t r 1 ? f i Alexander Grant A COMPANY INTERNATIONAL FIRM CERTIFIED PUBLIC ACCOUNTANTS ALEXANDER OPFANT TANSLEY WITT March 1379 Mr. Chris Hartung City Manager Cit; of Denton 215 E. McKinney Denton, Texas Dear Mr. Hartung: This letter confirms our understanding of how Alexander Grant & Company can provide the City of Denton with data processing consulting services. For convenience, the letter is divided into four parts as follows: . Objective of the project; Scope of the work; . City Assistance; and, . Time and Fees. The remainder of this letter summarizes our understanding of each of these categories. a Objective The objective of this project is to determine if it is functionally and economically feasible for the City of Denton to utilize an outside computer service bureau and discontinue its in- house computer operations. Scope of Work As we discussed, our work on this project can be divided into two major taska. The following is a brief description of each task and sub-task. ONE MAIN PLACE DALLAS. TX 75250 (2141 148-0100 Mr. Chris Hartung -2- March 1, 1979 1. Document Existing and Potential Application Software Requirments and Write a Request for Proposal This task will include documenting the principal features of each application as well as information on which the computer service companies c;j,n base an estimate of charges. The estimates will be projected for a five-year period to provide for growth. 1.1 Identify and Document Data Volumes For each computer applicatin., we will estimate input trans- actions, nature and frequency of reporting, report volumes and number and types of accounts. This information will be used when writing the Request For Proposal (RFP). 1.2 Define the Principal Features of Each Application We will briefly outline the principal processing requirements for each application. This information will be used when the vendor applications are reviewed, after proposals have been received. 1.3 Recommend the Mode of Processing for Each application We will identify the method of processing most desirable for each application, We will consider; The number of Video Terminals and their locations; Printers and their locations; and, Desirability of on-line, batch )r remote batch pro- cess~ing. 1.4 Segregate 1n-House Data Processing Costs We will estimate the current direct and indirect cost of the existing data processing operation, This information will be used in comparing the cost of the existing data processing operation to the cost estimated by the service processor proposals. 1.5 Pre,are a Request for Proposal. We will prepare a vendor request for proposal for applica- Mr. Chris Hartung -3- March 1, 1979 tion software and hardware to be used by the City to solicit bids from selected computer service processors. 1.6 Attend Bidders Conference We will attend a bidders conference in which we will answer vendor's questions relative to the request for proposal. II. Evaluate Vendor Responses to the Request For Proposal II.1 Evaluate the Vendor Proposals We will review each propose.:, grade them and evaluate them based on predetermined criteria. 11.2 Review Computer Systems Documentation The computer systems documentation for each application pro- posed by the service processors will be reviewed for com- pliance to the City's requirements as determined earlier, 11.3 Observe the Proposed Applications in Operation Two site visits are planned to observe the actual operation of the computer applications proposed by the service pro- cessors. In this task, we would also contact by telephone other users of the service processors and users that have discontinued service. IIA Recommend an Approach to Data Processing for the City We -,ill prepare a brief written report comparatively analyzing the City's current data processing operation and the vendor proposals and recommending an approach. This report would outline for each alternative the advantages and disadvantages relative to items such as: Cost of Data Processing; Versatility of the Application Software; Apparent Responsiveness to Users; Capacity for Future Growth; and, L a! I Mr. Chris Hartung -4- fdarch 1, 1979 Contract Considerations. In addition to the tasks outlined above, we will meet with management and review the progress of the project as is required. Also, we understand that, this project does not include implementation assistance, should the City decide to utilize a service processor. City Assistance We understand that the City has assigned a project director and will provide reasonable staff assistance in gathering information. In particular, the cooperation of the City data protesting staff is important. The City will also provide adequate work space for our consultants. Time and Fees We estimate that the tasks outlined in this letter can be completed in three to four months. In addition, we estimate that we could begin work on the project within two weeks of acceptance. As we discussed, our fees will be at our standard hourly rates for time spent on the engagement, Our fees for the tacks de- scribed in this letter will not exceed $15,000 plus out-of-pocket expenses, such as typing and report reproduction, without prior approval by you, Our billings for the services set forth in this letter will be rendered on a monthly basis, so that you may readily relate our charges to the work performed. We will submit a man-hour budget by task and sub-task :+nd will bill the City less than the budgeted amount if our nctual time spent is less than budgeted. We wii' not extend the scope of tnis contract without prior approval. If this letter is in accordance with your understanding, please sign, date and return the original of this letter and retain the copy for your files. We look forward to working with the City on this important project. Very truly yours, 4 Mr. Chris Hartung -5- March 1, 1979 The foregoing letter fully describes the services required and is accepted by us. CITY OF DENTON Date Z) Z& Chris G. [artung, City Manager AUXANDER GRANT & COMPANY Date 5416 Aichar~Md-;KV, Snyder r er 4W * H H N H H H H H H H N H H M Z < H H N N H H H H N to H w W N N 3 w V) -1 0 0 ~ W N F, t7 0 (D y x a 0 d w w c (D ~i a x m ro r~ ~i d tri tTi t~ ro x x K m m (D ti m m (D c c 0 4 0 0 H w p c+ m C t P. rt rt rh w w 0 C C r m Gq H. r r 9 O H. r r• r~ H H. 'd P. 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Z (D a H K 0 N +a 3 r+ C a (D w w (D M I w (D 'd is m a .0 H r+ p O g X P. ti 0 z m d m G d 7 0 a 0 r• t4 Dq b r+ a K T I (D Y• O m r+ C H Ti O h (D H r+ O w O U) r• 0 C w 'd 'd a 0 d 0 H 0 d d C-~ rF O W a .d O kJ 0 a G w n 9 tri m 0 U) 0 m 0 0 m m It 8 0 H m w m 0 4 0 ~-h H m m aw HH 0 0 a r+ 'd (D O 0 w O d I N 9 9 4 0 (D H r+ C H a t!> r+ 'd m O W d O w 'd h d H. b dy Cn 0 'd 'd m 0 'd M m w r♦ 0 cn r 0 0 m (D 0 b 0 0 r+ (D rr d N t7 P. 0 U) 0 4 0 w (D a d w 0 0 w r+ w 0 m 0 w a d m r+ w r F-' O H 0 W M C r+ 'd ,o K p r+ B m m W 0 fir. moo P. m r+ (n P. M H m w M FCt O (OD U) rw+ WO M m U) b ri) H trl H m w w m 0 9 e+'d N W a U! 0 O 4 0 H 'd r zc- 0 N )-j d o 7 7 o tf v m r+ w w 'i w a tri Fh I .h N m h b o t" H M Y H b 0 'Odd er r+ p 'y b d (OA O q CY W w C+ F t m 0 10 E tCi (z 0 r+ w w r• U) r• 7 r+ w 0 m '•2 N d til 1 U) i 61 1~ N W F~ (A N H N IJ 0 r• Rp .A IO A 0) a) oD 0 C) 0) .A .a 0 q~ U) r+ m a A w F~ F~ N o w ca 00 4 N oD 05 w w I N N w 00 4 0 w w N N 1"040woooo 0 0 0 0 0 0 f X~ r.. ~ z . ~ bertifirate of Itsurriare Date '111 n, In 1 TO City or lhr'ito'a Job- Address City :;ecrotary Ih~niun, '1'c~ns This is to certify that the policies designated below are in force on the date borne by this Certificate, NAME OF INSURED ONE WAY SERVICE , INC. P. O. Box 14129 Address Fort Worth, Texas 76117 KIND OF INSURANCE POLICY NO. EXPIRATION DATE LIMITS OF LIABILITY WORKMEN9 COMPENSATION 408079342 10-.t6-79 STATi;fORY $100,000 E. L. COMPMENSIVEGENFAAL LIABILITY s sich person 1. Soddy tRiury s 300,000 each xean►na s. PropertyDeme$$ 5402661921 10-26-79 s 50,000 #&a occurrence 1100, 000 "resole AUTOMOWI9 UABILrrY 1. Sour Injury s2501000 each person 542661939 10-26-79 1500, 000 each occorrenn eachoccuneeu I, hoperly Demme s 100,000 L~ This certif ette of Insurance neither aW matively or neptiveiy amtt bk extends or Alten the eoveMe af(oroad by policy nt:mben shown and issued by c-,mpanles listed below. In th t event of an,e material change In or cancellation of aid Policies, the Company-im shown below will noth'y the party to Ion,f1;11,+ certificate is addressed of such change or ancetlatkn. Cancellation is not to becorte effective, until enn L1"L_ days after the m)tloe hu been received by tote sddreree and the insured. INSURANCE COMPANY•IES ISSUING COVCAAGE United Stores Fire Insurance Ccrnpony Maw A o~-~-°-- sa'sulfpr area" s sac m rr,s. rrieoen. u.ar,ON e I 1 BYr.c el p A DENSE , -31 _ A~~ ~ ~ ~L f { f 1 r o o j r ~ T n F T ~ _ - i y I ~ - - Y c I 5 w t5 c _ b} _ o T i mm p ~ i p c 6 I D z .7J 7>~ n > " o I o ~ 3 T ~ i °i DO 'Y~ J T C v y O 1> I O A,C v S• J r N Z c S F ° ~J $nm vim f - s On ^ ? L _ z > I AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 6TH DAY OF MARCH, A. D. 1979. R E S O L U T I O N WHEREAS, the City of Denton, Texas has made application to the Texas Department of Water Resources and the Environmental Protection Agency for a Federal. grant pursuant to the Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500, and the rules and regulations thereto; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF DENTONs, TEXAS: That the application for which Federal grant assistance has been requested pursuant to the Federal Water Pollution Control Act Amend- ments of 1972, Public Law 92-500, will be constructed to completion in accordance with the laws, rules, and regulations and with the following project schedule: GENERAL INFORMATION DATE Date applicant's share of Step 1 Already Completed project costs will be Step 2 As Needed available Step 3 As Needed Date Site(s) for project facilities will be available By March 1, 1980 PROJECT SCtEDULE ITEM CALENDAR DAYS Step 1 - N/A Already Complet=.d. Step 2 A. User Charge System and Industrial Cost Recovery System (if required) developed and submitted to the State after Step 2 grant award. 270 Days B. Proliminary Plan of Operation (if required) completed and sub- mitted to the State after Step 2 grant award, 270 Days C. Final Plans and Specifications, completed and submitted to State after Step 2 grant award. 365 Days n t Je, Step 3 A. Advertise for Construction Bids • within after authorization to advertise for bids has been issued. 15 Days B. Submit Bid Opening Documents within after authorization to advertise for bids has been issued. 45 Days C. Award of Construction Contract within after authorization to award the co,.- tract has been issued. 15 Days D. Initiation of Construction within after the award of the contract. 15 Days E. Complete Construction within after initiation of construction. 500 Days. BE IT FURTHER RESOLVED, that the City of Denton, Texas, under- stands that the ;,hove project schedule must be approved by the Texas Department of Water Resources and the Environmental Protection Agency, and that once a projec* schedule has been approved, no changes will be authorized without first recieving approval of the change from the Texas Department of Water Resources and the Environmental Protection Agency. PASSED AND APPROVED this the 6th day of March, A. D. 1979. JO TCHEL , MAYOR C OF DENTON, TEXAS ATIKSHN,T. CI SECRETARY CITY OF DENTON, TEXAS /APPROVED AS TO LEGAL FORM: C. ISIIAM, CI Y TTO EY .p UL CITY OF DENTON, TEXAS UMMMEMI 1 ~ r r-~ J A NO. 79' a~ 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 4.47 ACRES OF LAND LYING AND BEING `;ITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING IN THE M. FORREST SURVEY, ABSTRACT NO. 417, DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS PLANNED DEVELOPMENT "PD" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the request for annexation was introduced at a re- gular meeting of the City Council of the City of Denton, Texas, on the petition of SAFETY KLEEN CORPORATION; and WHEREAS, an opportunity was afforded, at a. public hearing held for that purpose on January 16, 1979, for all interested per- sons to state their views and present evidence bearing upon the annexation provided by this ordinance; and WHEREAS, this ordinance has been published in full at least one time in the official newspaper of the City of Denton, Texas, prior to its effective date, and after the public 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 be entitled to all the rights and privileges of other citizens of said City and shall be bound by the acts and ordinances of said City now in effect or which may hereafter be enacted and the property situated therein shall be subject to and shall bear its prorata part of the taxes levied by the City. The tract of land hereby annexed is described as follows, to-wits All that cer`ain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being mart of the M. Forrest Survey, Abstract No. 417, and being part of two tracts of land, hereinafter referred to as Tract One and Tract Two, Tract One being conveyed to James C. Payne by de Ail dated September 9, 1963 and recorded in Volume 499, Page 351 of the Deed Records of Denton County, Texas, and Tract Two being con- veyed to Margaret Ann McMillan and J. H. Neblett by deed dated December 29, 1969 and recorded in Volume 597, Page 208 of the Deed Records of Denton County, Texae, and more particularly des- cribed as followss 1 ' BEGINNING at the northwest corner of said Tract One same being the southwest corner of said Tract Two said point of beginning lying in the east right of way line of County Road; THENCE south 89° 26' 40" east along north boundary line of said Tract One, same being the south boundary line of said Tract Two a distance of 225.0 feet to a point for a corner; THENCE north l' 32' east a distance of 70.0 feet to a point for a corner ; THENCE south 890 26' 40" east a distance of 314.48 feet to a point for a corner; THENCE south 10 32' west a distance of 70 feet to a point for a corner in the north boundary line of said Tract One same being the south boundary line of said Tract Two; THENCEsouth 890 26' 40" east along north boundary line of said Tract One same being the south boundary line of said Tract Two a distance of 275.12 feet to a point for a corner same being the northwest corner of said Tract One; THENCE south 10 32' west along the west boundary line of said Tract one a distance of 213.9 feet to a point for a corner same being the southeast corner of said Tract One; THENCE north 890 26' 40" west along the south boundary line of said Tract One a distance of 814.6 feet to a point for a corner in the east right of way line of a public road, sane being the south- west corner of said Tract One; THENCE north 10 32' east along the west boundary line of said tract same being the east right of way line of said public road a dis- tance of 213.9 feet to the place of beginning and containing 4.47 acres of land, mcre or less. SECTION II. The above described property is hereby classified as Planned Development "PD" District and shall so appear on the official zon- ing map of the City of Denton, which map is hereby amended accord- ingly and shall comply wP h the following conditions: 1. Plat approval shall constitute site plan approval as development occurs on the tract; 2, Curb cuts serving this tract shall be limited and none shall be permitted on Cooper Creek Road; i 3. Provisions for the transfer of commer.,cial solvents, chlorinated substances and hydrocarbon substances under Mary Lee Street shall be subjeut-to-t:se"appkdval of the City Council; 4, 70' x 290' shall be dedi;aced for the purpose of continuing Mary Lee Street to the eastern edgA of Safety Kleen's property on the north side of MFa,•y Lee Street= and 5. Developer shall be resonsible for 17' of pavement and one side of curb and gutter wt. n development of the eastern portion of this tract occurs. y . SECTION III. This ordinance shall be effective immediately upon its passage. PASSED AND APPROVED this the 20thday of March A. D. 1979. JOE TCHELLp MAYOR CI OF DENTOI- . TEXAS ATTEST: t~bROOXS HOLTF CITY SECRETARY CITY OF DENTON, TEXAS APPROVFD AS TO LEGAL FORM: AUL C.ISHAM, CITY ATTOR EY CITY OF DEE,NTON, TEXAS Z-' k yJ,~ ar a `',a r a .1w % J Y, i AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 20TH DAY OF MARCH, A. D. 1979. R E S 0 L U T I0N r ,y BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: That William K. Cole, appointed Assistant City Manager on {a5 the 26th day of December, 1977, by the City Manager, which appoint- t,. ment is in all respects approved by the Council, is empowered to F`f act for, and perform the duties of, the City Manager in his absence, is hereby expressly authorized to sign all checks, vouchers, or I: warrants for the withdrawal of money from the City Depository, when i required during the absence of the City Manager, to be countersigned by the Director of Finance. That the said William K. Cole shall file a signature card with the City Depository, along with a copy of this resolution, and shall provide a surety bond with such surety and in such amount as is required of the City Manager, That this resolution shall be effective upon its passage and approval, and remain in full force and effect as long as William K. Cole is Assistant City Manager, unless sooner revoked by act of the Council or of the city Manager. PASSED AND APPROVED this the 20th day of March, A. D. 1979. J MITHC L, MAYOR TY OF DENTON, TEXAS ATTEST-, )BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS .APPROVED AS TO LEGAL FORM: 4AUL4C. IS HAM,, CITY ATT MET CITY OF DENTOh , TEXAS r.. W, y ~ ~ J ~ ~ ~ ~ ~ ,k R ~ .y ~ ~ r f.~ Ga w ~ y y"'fit „ ~ r a~. P r ' 41 r.. 11 yi t ~1~ ? lidi vll 0 AA, * ; 3 'V. • a. 4 S 6~i ,.r " r c,Y~ i'~ '4 i rw~rsa +n 4 ~4 1 i ' '°l /Wpy(/1§ y Jty~l.1+S A * ti r F{ 4 r ~n~ft "(,^(R~t. 1. IrZ ax .e ~J~ .•R RS. 5~ ~ J:'`.• . .~f 1 $1 1 4~ i~ ~'i d P"[~y~y(~µ ¢l4 ti. k _i AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 20TH DAY OF MARCH, A. D. 1979. "p 'r R E S O L U T I O N WHEREAS, the City of Denton, Texas is desirous of executing a license agrec.,nent v;it h The Atchison, Topeka and Santa Fe Rai] - " way Company :elating to a power line crossing the ra:'.lroad tracks; x at MP 101 + 20218.3 feet at bIinchin, Denton County, Texas; . NOW, THERE?ORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE e Uro CITY OF DENTON, TEXAS: That the Mayor of the City of Denton, Texas, is hereby auth- orized to sign on behalf of the City of Denton a license agreement with The Atchison, Topeka and Santa Fe Railway Company for a power line crossing MP 101 + 2528.3 feet at Minchin, Denton County, Texas, Said license agreement is attached hereto and made a part hereof. PASSED AND APPROVED this the 20th day of Marcli, A. D. 1979. JO ! ITCHE , M YOR C OF DE?`iTON, TEXAS ATTEST i j3ROUK3 HOLT, CITY SECRETARY :t 'CITY OF DENTON, TEXAS` APPROVED AS TO LEGAL FORM: PAUL C. I5 M, CITY ATTORNEY CITY f',F DENTO:'. TEXAS r i I a lie, *low Wjh. y, RECEIVED MAR 1 4 1979 CONTRACT AGREEINT STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this 19 day of MARCH A.D., 1979, by and between THE CITY OF DENTON, TEXAS of the County of DENTON and State of Texas, acting through JOHN J. MARSHALL, PURCHASING AGENT thereunto duly authorized so to de, Party of the First tart. hereinafter termed the OWNER, and MILLARD HEATH dba, MILLARD HEATH 6 COMPANY, INC. 217 EAST HICKORY ST of the City of DENTON , County of DENTON and State of TEXAS Party of the Secon9 Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned in bid proposal #8634, to be made and performed by the Party of the First Part (OWNER), and under the conditions expressed in th-. bond bearing even date herewith, the said Party of the Second Part (CONTRACTOR) hereby agrees with the said Party of the First Part (U,,JNER) to commence certain repairs and maintenance described as follows: TO PERFORM PREVENTATIVE MAINTENAN;E ON COOLING AND HEATING UNITS FOR THE CITY OF DENTON, TEXAS AS COVERED BY BID PROPOSAL NUMBER 8634, and all extra work in connection therewith, under she term as stated in the General Conditions of the Agreement; and at his (or the+r) own rroper cost and expense to furnish all the materials, supplies, machi.,-ry, equipment, tools, superintendent, ?abor, insurance, and other accessories and services necessary to complete the said maintenance, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the-Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance Bond, all attached hereto and in accordance with the glens; and other drawings and printed or written explanatory matter thereof as prepared. by THE CITY OF DENTON, TEXAS PURCHASING DEPARTMENT JOHN J. MARSHALL PURCHASING AGENT, all of which are made a part hereof and collectively evidence and constitute the entire contract. j The CONTRACTOR hereby agrees to commence work on APRIL 1, 1979 _ an. the contract to end on SEPTEMBER 30, 1979, subject to such extensions as are provided by the General and Special Condi- tions. The UZER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of the Contract, such 0ayments to be subject to the General and Special Conditians of the Contract. IN WITNESS WHEREOF, the parties to these presents have executed th±a Agreement in the year and day first above written. ATTEST: r, CITY OF DEN'KIN, TEXAS B_ /JOHN J. MARSHALL, C.P.M. PURCHASING AGENT ATTEST: MILLARD 'EATH 5 COMPANY INC. 4 QA rl~l C), BY I vC-o-~ .G~LL_ TI1LE president . -r r PERFORMANCE BOND STATE OF TEXAS [ COUNTY OF OF TON [ KNOW ALL MEN BY THESE PRESENTS: That MILLARD HEATH & COMPANY. INC. of the City of DENTON , county Of _DENTON and State of TEXAS , - aw, PRINCIPAL, and 'UNITED STATES FIDELITY & GUARANTY COMPANY as SURETY;, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the CITY OF DENTON TEXAS as OWNER; in the penal sum of FIVE THOUSAND & No/100 Dollars 5,000.00 for the payment whereof, the said Principal and Surety bind themsel-es and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: W11 REAS, the Principal has entered into a certain written c ntract with the OWNER, dated-the '19 day of March , 197x_, for the con- struction of PREVENTATIVE MAINTENANCE OF COOLING AND HEATING UNITS AS DESIGNATED AND i ?::')POSED ON BID # 8634. which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, NOW, THER:FORE, the condition of this obligation is such, that if the said Principal shall faithfully perform said Contract and shall in all respects duly and faithfully observe and perform all and singular the cove- nants, conditions and agreements in and by said contract agreed and cove- nanted by the Principal to be observed and performed,-and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void: otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of-the Revises Wil Statutes of Texas as amended ~WAWWMM by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the pfovisions of said Article to the same extent as if,it were copied at length herein. PROVIDED FbRTHER, that if any legal action be filed upon this bond, venua shall lie in DENTON County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alter- ation or addition tc the terms of the contract, or to the work to be per- formed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 21st day of March 19 79 MILLARD HEATH & COMPANY,INC. RAMEY,KING & MINNIS INSURAN r nc pa Surety _ BY, FY-~-r~f l~jl/f Title President Title 'AGENT & ATTORNEY-IN FACT. Address 217 E. Hickory Address 707 First State Sank Bldg, Box 198:} Denton, Texas Denton,Texas 76201 (SEAL) (SEAL) The nar* and address of the Resident Agent of Surety is: RAMEY, KING & MINNIS INSURANCE DENTON. TEXAS NO 'E: Date of Bond-must not be ?rior to date of Contract.. , 1 CERTIFIED COPY GENERAL POWER OF ATTORNEY No......... 7.5? W Knots all ,Nan by these Presentst That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corpnratiun organized and existing under the laws of the State of Maryland, aid having its prima>al office at the City of Bruimore, in the State of )Irgland, does hereby constitute and appoint Terrell W. King, III ' of the City of Denton State of Texas its true and lawful attorney in and for the State of Texas for the following purposes, to wit: To sign its name u surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND CUARANTY t,OMPANY, a certified copy of which is her.-to, annexed and made a part of this Power of Attorney; sod the said UNITED STATES FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ra.;fiea and confirms all and whatsoever the said Terrell W. King, III , C may lawfully do in the premises by virtue of these presws- fn Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY his caused this Instrument to be sealed with its corporate seal, duly attested by the sisnatufes of its Vice-President and Assistant Secretary, this 300 day of April , A. D. 1965 UNITED STATES FIDELITY AND GUARANTY COMPANY. (Sit3ned) By...... F....G.,..49Rrile.Y Vice Presf t.:nt. 1ST) (Signed) Richard D. Reinhardt Rsafstaat Secretary. STATT OF MARYLAND, BALTIMORE CITY, j sat On this Will day of April A. D. 19 65, before me perseaslly name E. G. flundley , Vlx•President of the UNITED STA7ES FIDELITY AND GUARANTY COMPANY and Itiehhart D. Reiphardt Assistant Secretary of said Company, with both of whom I sin personally i quainted, Who tap y me seven y do,y sworn, sold that they resided in the City of Babimc•e, Maryland; that they, the said E. G. Bundley and Richard D. Reinhardt wen respectively the Vice.Preddest and the Assistant Semtary of the said UNITED STATES iiDELITY AND GUARANTY COMPANY, the cor• potation described his and which executed the foregoing Power of Attomeyt that they each knew the seat of said corporsdor1 that the seat affixed to said Power of Attorney was such corporate seat, that it was so feed by order of the Board 0 Directors of Paid corpora. Lion, and that they signed their names thereto by like order as Vioe•Preeldent and Assistant Setretary, respectively, of the Company. bSycommtssionexpires the first sq%xXWAkXkMxxxxx Monday in May, A. D. 1965. i (SEAL) Signed) AAVkt, 21.t..4.'.erAV A otdry Public. STATE OF MARYLAND Set. BALTIMORE CITY. I James F. Carney Clerk of the Superior Court of Baltimore City, wMcb Conti is a i Court of Record, and has a seal, do hereby certify that Anne M. O'Brien , Esquire, 1fore whom the annexed affidavits were nude, and who has thereto subscribed bls came, was at the time of to doing a Notary Public of the State of Maryland, in and lot the City of Batas ore, duly commJssioned and sworn and authorized by law to administer oaths and taste ackncwledgmeats, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the rid Notary, and vesily believe the signature to be his genuine signature. In Tessinsony Whereof, 1 bereto sot my band and &$a the seal of the Superior Court of Baltimore City, the same being a Court of Accord, ebia 30111t day of April A. D. 1965 1 {SEAL) ;Siraed) Lame.~..F.t.Aa,rn.4X....................... Clerk of the Superior Court of Baltimore City. F9 3 (9.67) ' I COPY OF RESOLUTION That Whereas, it It necessary for the effectual transaction of business that this Company appoint agents and attorneys with power and authority to act for it and in its name in States other than Maryland, and in the Territories of the United States and in the Provinces of the Dominion of Canada and the Colony of Newfoundland. Th-refore, he it Resolved, that this Company do, and it hereby does, authorize and empower its President or either of its Pica Presidents in conjunction with its Secretary or one of its Assistant Secretarie., under f'.e corporite seal, to appoint any person or persons as attotaey or attorneys-in-fact, or agent or agents of said Company, in its name &5d as its act, to execute and deliver any and all con- trscts guaranteeing the fidelity of persons holding positions of public or private !rust, guaranteeing the performances of contracts other than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or I sceedings, or by law allowed, and Also, in its name and as its attorney or attorneys-indact, or agent or agents to execute and guarantee the conditions of any and all bonds, recognizanees, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law, municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces of the Dominion of Canada or of the Colony of Newfoundland, or by the rules, regulations, orders, customs, practice or discretion of any board, body, orgaatration, office or officer, local, municipal or otherwise, be allowed, required or permitted to be executed, made, taken, giver. tendered, sc epted. Ned or recorded for the security or protection of, by or for any person or persons, corporation, body, office, interest, municipality or other association or organization whatsoever, in any and all capacities whatsoever, conditioned for the doing or not doing of anything ,r any conditions which may be provided for in any such bond, recognizance, obligation, stipulation, or undertaking, or anything in the nature of either of the same. 1, David N. Engler an Aaafytcnt Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing Is a fall, true and o,:rect co )f of the original power of attorney givca by said Company to Terrell W. King, III Of Denton Texas , authorizing and empowering him to sign bonds u therein set forth, which power of attorney has never been ravoked and U still in fall force and effect And I do further certly 'W at said Power of Attorney was given in pursuance of it resolution adopted at a regular meeting of tue Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the 11th day of July, 1910, at which meeting a quorum of the Board of Directors vu present, snu that the foregoing is a true and correct copy of said resolution, Lad the whole thereof as recorded in the minutes of said mteting. In Testimony Whereof, I va hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY COMPANY on 1- (Date) .isii ant Secretary. 4 r r , a NI PURCHASING DEPARTMENT City of Dtniun ' BID INVITATION 215 Ea;r MLKinney St. Denier teas 7620$ CITY OF DENTON, TEXAS Date 12-14-78 Req. No. 01-01-83-01 BID NUMBER 8634 Sealed bid proposals will be rec^.ived until 2:00 p.m. January 23, 1979 at the office of the Y r U r Purchasing Agent, Municipal Blgd., Denton, Texas 76201. 71, 1 Preventive Maintenance on Cooling/Heating Units of City Bldgs. For additional information contact John J. Mat shall 3~' y ,r/?• 7~ Ph. 817/382.9601 *Ex. 285 or D/FW Metro 817/267.0042. CPO. Ri / JOHN J. MARSu.A~f.,' ' , Purchasing Agent INSTRUCTIONS TO BIDDERS 1. aea''d bid proposals must be received in duplicate, on this form, prior to opening date and time to be considered. Late proposals will be returned unopened. 2, Bids shall be plainly marked as to the bid number, name of ti a bid, and bits opening date on the outside of completely sealed envelope, and addressed to the Purchasing Department, City of Denton, 215 E. McKinney St., Denton, TX. 76201. 3. Any submitted article deviating from tae specifications must have tu!! _escriptive data accompanying same, or it will not be considered. 4. All materials are, to be quoted FOB Denton, Texas, delivered to the floor of the warehouse, or as indicated, 6. The City of Denton, Texas reserves the right to accept separate items in a bid unless this right is denied by the bidder. B. In case of defa,it after bid acceptance, the City of Denton, Texas may at its option hold the accepted bidder or con- tractor p,Lie for eny and all resultant increased costs as penalty or such default. 7, The Cit< of Denton reserves the right to reject any and all bids, to waive all informatitiet, and require that submitted bids remain In force for a sixty (60) day period after opening or until award is made; whichever comes first. I 8. The quantities shown are approximate and may vary according to the requirements of the City of Denton throughout the contract period. 8. The items are to be priced each net. (Packaging or shipping quantities will be considered.) 10. The Purchasing Department assumes responsibi!ity for the corre:tness and clarity of this bid, and all information and/or questions pertaining to thi, bid shall be directed to the City of Denton Purchash a Agent. It. Any attempt to negotiate or give information on the contents of this bid with the City of Denton or its representatives prior to award shall be grounds for disqualifications. 12. The conditions and terms of Clis bid will be considered when evaluating fo'r x,vard, 13. The City cf Denton is exempt fro in all sales and excise taxes. BID NUMSE'i 8634 BID PROPOSALS Page 2 of ITEM STOCK NUMBER DESCRIPTION QUAN. PAIGE AMOUNT 1. WEEKLY visual inspection with minor adjustments and/or repair to complete mechanical system including Central Fire Station (Old City Hall). 40 $ 93.00 $_U;2fl" 2. MONTHLY check of all facets of mechanical opera tionI~ including the list attached, but not necessarily limited to the list and including filter changes,`b 8 $380.00 $3Q40.00 as needed. 3. QUARTERLY CHECK. (Lee attached) 4 $363.75 $ 1455.00 4. tXNVAL shut dorm and start up of chilled water equipment"i',y end other related equipment. x,11 1400.00 $1400_nn. 5. OPTION: If in the opinion of the contractor it is con- sidered desirable to have a sub-contractor or con sultant to take care of the water treatment re- lating to servicing the above mechanical equipment. The cost must be included and/or entered at thJ.s point for a guaranteed complete water treatment. The person or firm nust also be listed in the bid proposal. 1 1955.00 $255,00 6. EMERGENCY OR OTHER REPAIRS needed and authorized but not included in the above maintenance proposal above Hour. y Rate $Sy ('.Pertime Hourly Rate $_~gyZS Please attach parts list discount As requested in specifications, For addition information or :or inspection of y facilities and equipment contact John J. Marshall, C.P.M., Purchasing Agent so information and if necr:.:ary addendums can be sent to every one alike. These specifications can not be changed or altered in any way except with the written approval of John J. Marshall of the Purchasing Departoent. INCL'.;DED ARE KNOWN MATERIAL COSTS I. E. FILTERSr REFRIGERANT OILS CHEMICALS *'WATER TREATMENT TO BE PF.RFORMED BY MILL ARD TOTALS 11OS7n,00 We quote the above f.o.b. Denton, Texas. Shipment can pa made in days from receipt of order, Terms net if not otherwise indicated. In submitting the above hid, the vendor au,rres that acceptance of ary or all bid items by the City•of Denton, Texas within a reasonable period of time constilues a contract, Date _ 79 Bidder T11 _RT? ir,n r R h1f'n s INC. Y L/ " ; C"I 1) Title MILLARD HEATH Liz COMPANY vm 217 E. HICKORY • P,O. BOX 1983 • DENTON, TEXAS 76201 • (817) 387A722 • RdETRO 430.1842 SPARE PARTS LIST PURGE UNIT 1. VAL'.f?, PLATE 2. FLOAT AND SEAL ASSEMBLY 3. GASKVf SET REFRICBRANT OIL AND WATER TREATMENT CHEMICALS (BY CONTRACTOR) 13ELTS AIR FILTERS OIL-FILTERS ELECTRONIC TUBES FOR CHILL WATER CONTROL MICRO RELAYS FOR CHILL WATER CONTROL SUPPLIES AND UNIVERSAL PARTS DISCOUNT 0 - $50.00 NET 51.00 - $150.00 5% 151.00 - "•300.00 1095 OVER.$300.00 15% CARRIER PARTS LESS 5% TRANE PARTS NET WORTHINGTON PARTS NET MiCIIANICAL CONTRA,CTIN, I t UMLUNG • IIEAT'":G • A113 ('!NDITIONING L- a~r H+ifl~LIA r V HEATH &OMPANY v r v ,,_a'/_r_ if r bl. r F F/-F- e'i r err, v n ~l/ 'b a JX m L Ll6[ 217 E. HICKO7Y • P.O. BOX 1963 • DENTON, TEXAS 76201 • X8171 3874722 • METRO 430-1842 TRAINING - TRANE9 CARRIERl WORTHINGTONg AND LENNOX AIR CONDITIONIKG/ HEATING SCHOOLS. MANPOWER CAPABILITY - SIX (6) QUALIFIED SERVICE TECHNICIANS. ALL TRUCKS EQUIPPED WITH TWO-WAY RADIOS - 24 HOUR ANSWERING SERVICE. TWENTY-SIX YEARS EXPERIENC. IN AIR CONDITIONING/HEATING - BOTH SERVICE AND INSTALLA.TION. PARTIAL LILT OF EXISTING SERVICE CONTRACTS WITH GENERAL TELEPHONE COMPANY - DENTONg TEXAS FIRST DAPTICT CHURCH - DENTONj TEXAS DONE STAR FILMS - DENTONj TEXAS FIRST CHRISTIAN CHURCH - DENTONI TEXAS GRANT JACOBSON REALTY - DENTONj TEXAS MECHANICAL CONTRACTING PLUMBING • HEATING • AIRCONOITIONING BID NUMBER 6634 SPECIFICATIONS Page 3 of Purchasing Department City of Denton. Texas INTENT The intent of this specification is to provide Preventive Maintenance and service fir the Centrifugal Cooler/Heater system :sed at the Civic Center Park Complex consisting of the Community Building, ifunicipai Building a..d Library. This also includes the unit at the Central Fire Station. TERMS 6 CONDITIONS The Initial term of his bid contract shall begin on the date of the bid award and cortinue tl^ end of our fiscal year, September 31, 1979. There- after, upon the option of the City of Denton, Texas, with 30 days written notice to the contractor, the said rontract shall then be renrt:able on a fiscal year basis by mutual agreement ir, writing, so long as the price ana contents remain unchanged, and pon the some lerms.and c,nditions ar, set forth in the bie proposal and contract. Either parcy may t,±rminate this contract at the end of its initial term or at the end of any subsequent renewal term by giving written notice to the other party. Tie contract price quoted for all raintenance (except emergency service) is to be pe:-- formed during regulat working hours Monday through Friday unless othertaise spe.ified. If for any reason, the City of Denton request r:.at work (other than emergency service)tbe performed after re.,ular working hourE, the City of Denton agrees to pay for said work to the contractor in accordance with the current rates established for performing such service at that time. All work is to be performed under this bid contract by the contractor or his designated representatives and such work shall be in accordance with the manu- facture's recommended methods and frequencies. If any alterations, additions, adjustments, or repairs are made by other, the contractors shall have the right to terminate his oblifations hereunder.- The contractor shall aubmit with his proposal a recommended list of dpdre parts and at what point these parts will be made available. The contractor shall also submit a discount schedule for al.i such parts for repairs according to the amount purchased. (Example $1.00 to $50.00 Net, $50.00 to $200.00 10% discount.) The discount rate is to be applied to the then current prise list for such parts, and the price list shall be made available `or inspection by the City of Denton representatives and/or its auditors. f The contractor shall present with, his rid P, rer.ume of his training, manpo"er capabilities, and years of experience in mair.taining the type and brand of equipment as herein specified, and a list of maintenance contracts presently in effect with his company. f DID NUMOEn 8634 SPECIFICATIONS Page of Putehasing Department City of Denton, Teras CANCELLATION PRIOR TO TERMINATION In addition to the rights of termination heretofore provided, the City of Deaton reserves the right to terminate this bid contract in the event the contractor should fail to perform any of the terms, covenants or conditions of the contract and should fail to rectify the fault or deficiency within 20 days after receipt of notice from the City of Dcnton. RIGHT OF CONTRACTOR TO TERMINATE In addition to the right of termination hereinbefore provided, the contractor' reserves the right to terminate the bid contract if the City of Denton fails to keep any of the covenants provided. The contractor may at its election, notify the Cl-.y of Denton in writing of such breach or condition and if such condition remains incorrected after 20 days from receipt of such notificatiom.+, the contractor may declare this bid contract terminated. LIABILITY AND PROPERTY DAMAGE INSURANCE .The contractor assumes all risk incident to or in connection with its purpose to be conducted hereunder and shall indemnify, defend and save the City of Denton harmless from damages or injuries of whatever nature or'kind to persons or property arising directly or indirectly out of the contractor's operation. Insurance minimum requirements and certificate of insurance enclosed and must be attached to your bid proposal. PERFORM.'1NCE BOND The contractor agrees to furnish and maintain in effect during the initial or any renewal terms of this agreement a performance bond with good and sufficent sureties acceptable to the City of Denton in connection with the performance -of the maintenance work under this bid ra.:tract. The sum of such performance bond shall be no less than $5,000.00 or 25% of the bid contract whichever is greater. Or?.ginal and executed copies shall have a pow=er-or-attorney attached showing tl,e authority of the executing agent. 'BIDDEK UALIFICATION Only bidders who can comply with the terms and conditions, execute the bonds, and have the required insurance should submit bid proposals. The bidder small also have been a^tively engaged in the business of servicing air conditioning and beating equipment for aL least five (5) years prior to submission of his bid proposal. The'City of Denton, Texas desitrs to award this bid contract to ode firm, but reserve3 the right to award only parts of said bid proposal. The successful contractors service representative will be required to check in with City of Denton's representative responsible for mechanical maintenance and repair when he arrives and when he departs, and leave a check list or work schedule of his activities. The contractor shall also obtain approval by a purchase order for any purchase of parts or repairs of $1,000.00 or more. CITY OF DENfON, TEXAS Page S of PREVENTIVE MAINTENANCE MONTHLY CHECK 1. Main Equipment Room a. Cooling towers (1) Fan gear driver and motor bearings for noise and temperature. (2) Float valves for prop?r adjustment. (3) Check water hardness and ph for proper cnemical treatment. b. Condenser water pumps (2) aid chilled water pumps (2). '1) Temperature and noise factor chec,. on bearings. (2) Check and adjust, if necessary, packing glands. c. ,:killers. (1) Centrifugal chiller. ' (a) Check all safety and operating controls. (b) Check refrigerant pressures. (c) Check Tube system. (d) Check temperature and noise factor on bearings. (e) Check refrigeration circuit for leaks. (f) Check purging frequency to determine excessive seal leakage. (g) Check oil level. (2) Carrier 30 HR-160 reciprocating chiller (a) Check crankcase oil level (b) Check refrigeration pressures (c) Check all piping connections for leaks (d) Check all controls'for proper operation and calibration (e) Change alternator selector switch position d. Miscellaneous equipment (1) Check all 07armometers and pressure guages for calibration (2) Check piping connections for leaks (3) Check pipe insulatidh for signs of vapor seal puncture and keep repaired as necessary Page 6 of 2. Municipal Buildin•1, Community Bldg., and Library a. Air handlers (1) Check blower belts for wear and tension (2) Check blo;,er and blower motor bearings for temperature and noise (3) Check pipe connections for leaks (4) Check pipe insulation for punctures (5) Check dampers and damper controls for proper operation (6) Check air flow through coil (clogged coil) (7) Check filters for clearness and change when needed b. Emergency room equipment (1) Check all pipe connectioi,% for leaks (2) Check for signs of oil or refrigeration leaks (3) Check crankcase oil level (4) Check for corrosion (5) Check fuel level on diesel engine (6) Check engine cooling system (7) Check oil level on diesel engine (S) Start-up and checl~ for proper operation 3. Centrdl Fire Station (old City Hall) a. Chiller (1) Check crankcase oil level (2) Check refrigeration pressures (3) Check all piping connections for leaks (4) Check all-stifety 6 operational controls for proper operation (5) Check bearings for noise and temperature b. Cooling tower (1) Check blower belts fer wear and tension (2) Check blower and blower motor bearings for noise and temperature (3) Check float valve for proper adjustment (4) Check water pump bearings for noise and temperature (5) Check water pump for excessive leakage (6) Check water ph and hardness for proper chemical-treatment c. Air Handlers (2) (1) Check blower belts for wear and tension (2) Check blower and blower motor bearings for noise and temperature (3) Check pipe connections for leaks (4) Check pipe insulation for puncture or cuts (5) Check dampers add damper controls for proper operation (6) Check air flow through coil (clogged coil) (7) Check filters for cleanness and replace when needed ~s Page 7 of d. toiler (1) Gas Train (a) Check pilot for proper adjustment and operation (b) Check gas valve for yropcr operation (c) Clean and check burners (d) Clean b check bonnett (2) Check pressur: relief valves and city water make up for proper setting and operation (3) Check all safety and operating controls (monthly d annually) QUARTERLY CHECK In addition to the scheduled monthly maintenance check, quarterly, all filters will be :hanged in air handling units. Emergency room equipment will be started and the following checks made: 1. Check refrigeration pressures 2. Check all controls for proper operation and calibration 3. Check all thermometers and pressure guages for calibration 4. Check generator for voltage and amp output 5. Check diesel engine cooling and lubrication system for proper operation 6. Check temperature and noise factor on diesel engine, generator compressor and compressor motor. 7. Record operating hours 8. Check all motor and compressor mounts during operation 9. Check for leakage of water, oil or freon during operation 10. Diesel engine battery charging properly during operation 11. Change engine crankcase oil ANNUAL SHUT-DOWN OF CHILLED WATER EQUIPMENT 1. Cooling Towers a. Shut-down and drain b. Clean sump and distributor sections c. Lubricate fan gear drives and motor bearings 2. Condenser and chilled water pumps a. Grease Bearings b. Check and adjust packing glands 3. Chillers Page 8 of a. Centrifugal cl,iller (1) Check freon for acid content (2) Winterize the unit (a) Tear down the purge unit and rebuid and adjust (b) Pressurize refrigerant circuit and check for freou leaks (c) Change oil and lubricate all bearings (d) Drain condenser water from condenser b. Reciprocating chillers (1) Drain condenser water from condenser 4. Air handlers a. Lubricate all motors and bearings b. Check and clean condensate drain pans and drain lines c. Clean coils if necessary 5. Air cooled condens+ng units a. Lubricate all motors and bearings b. Clean coils if necessary, ANNUAL START-UP OF CHILLED 14ATER EQUIPMENT 1. Fill cooling twoer and evaporative condensers 2. Check cooling tower water ph and hardnes.q daily for seven days to balance out chemical treatment 3. Checl. cooling tower fan and motor bearings two consecutive days to be certain of proper l++brication 4. Check chiller operation uaily while checking condenser water chemical treatment ANNUAL S_".RT-UP OF BOILER CENTRAL FIRE STATION (Old City Hall) 1. Turn on gas to unit 2. Check, light, and adjust pilot 3. Check gas valve for proper operation 4. Check pressure relief valves and City water make up fir proper setting and operation 5. Check all asfety and operating controls - Page 9 of INSURANCE CITY OF DENTON • INSURANCE MINIMUM RBQUI-REMENTS Without limiting any of the other obligations or liabilities Of the Contractor, the Contractor shall provide and maintain until the work is completed and accepted by the City of Denton, Owner, minimum insurance coverage as follows: TYPE. OF COVERAGE LIMITS OF LIABILITY I. WORKMEN'S COMPENSATION STATUTORY II. COMPREHENSIVE GENERAL LIABILITY Bodily Injury $100,000 $300,000 Each person. Each person Froperty Damage $50,000 $1000000 Each accident aggregate III. COMPREIIENSIVE AUTOMOBILE LIABILITY Bodily Injury $100,000 $300,000 Each person Each person Property Damage $10,0,000 Ench accident A. In addition to the insurance described above, the Contractor shall obtain at his expense an OWNER'S PROTECTIVE LIABILITY INSURANCE POLICY naming the City of Denton as insured with the following limits: a Bodily Injury: Property Damage: $100,000 each person $50,000 each accident 4300,000 each accident $100,000 aggregate Covering the work to be performed by the Contractor for the City of Denton. B. The Contractor will furnish the Owner's Protective Policy described above acid execute the, Certificate described on the following page to the City of Denton for its approval. Insurance must be accepted before commencing any work under the contract to which this insurance applies. CITY OF DENTON CERTIFICATE OF INSURANCE Page le of THIS IS TO CERTIFY THAT THE Insurance Company of. , has issued policies of insurance, as described below and identified by a policy number, to the insured named below; and to certify that such , policies are in full. force and effect in the State of Texas. It is agreed that none of these policies will be cancelled or changed so as to affect this Certificate until ten (lu) days after written nol.ice of such cancellation or change has been delivered to the City of Denton, Municipal Building, Denton, Texas. 1. INSURED: 2. ADDRESS: 3. STATUS OF INSURED: Corporation Q Partnership Q individual 4. DESCRIPTION OF OIERATIONS: INSURANCE POLICIES IN FORCE POLICY EFFECTIVE EXPIRATION COVERAGE W11BER DATE [SATE LIMITS OF LIABILITY 1. WORM'N'S STATUTORY COMPENSATION IT. COMPREHENSIVE A. Each GENERAL person LIABILITY Each A. Bodily accident $ Injury B. Each B. Property accident $ Damage Aggregate $ III. COMPREHENSIVE A. Each AUTOMOBILE person $ LIABILITY* Each A. Buddy accident $ Injury B. Each B. Property accident Damage . COMPREHENSIVE AUTOMOBILE LIABILITY INSURANCE includes All owned, hired, or non- owned automotive equipment used in connection wit'i. the insured operations. Date Nime. r Insurance Company By: Authorized Representntive Address of Authorized Representative Bid p 8634 Page 1 WATER TOWERS MARLEY DOUBLE-FLOW Al Model No. 361-6 Serial No. 2132-67 #2 Model No. 361-6 Serial No. 736-67 FAN MOTORS 01 G.E. Model 5K284BO2053 Serial No. BC 319544 15 H° 1760 RPM Non-Hygroscopic 230/460 Volts Phase 3 FLA 38.6/19.3 Type K Frame 284V Noma design B code F AFBMA dri,re end Brg. 50BC03 Off Drive Brg. 35BC02 62 Allis Chalmers Model No. 73 Serial No. 51-306-027-3'i Type C Z Frame 284V Noma Design 3 15 HP 1750 RPM 2301460 V 3 Phase FLA 37/18.5 KVA Code F Shaft end Brg. 3095 FF Opp cnd Brg. 3085 FF BID G 8634 Page 2 COM111RF3SOR BUILDING CARRIER Model No. 3011R 120-A160 Serial No. Co36518 R-22 Sys 10 92 lbs. Sys 2, 92 lbs. Total 184 lbs. Compressors (4 ea.) 2 ea. sys. 460V 3Phase, 45.7 A Total unit FLA 182.8 O1 06EJ275630 Motor No. 06ED490606 62 06EF275630 Motor No. 06EI490604 03 06EJ275630 Motor No. 06ED490604 04 06EF275620 Motor No. 06EB490604 WORTHINGTON AM9266-01 Sentry Centrifugal Ref. Unit-HC 150 Model NBU200013V Serial No. 84K67E2017 MAIN HOIOR TBDP 3550 RPM 480 V 3 Phase 171 FLA 871 LRA Refrig. 550 Shell Vol 75 Cubic. Ft. OIL PUMP MOTOR 1800 RPM 440/480 V 3 Phase 1.5 HP 1.2 Amp. CHILLED WATER PUMPS PACO (2 ea.) Model No. 3DM-SPG Head 100 GPM 360 Serial No. Left Pump LAE 18164 Right Pimp LAE 2394 BID 6 8634 Page 3 WATER : urfPS 2 ca. PACO 3 BB - KPG 440 GPM WATER PUMP MOTOR (2 ca.) Reliance Duty Master Type P Ident. No P21G312A 10 HP 1755 RPM 230/460 1 2703.5 Amps. Drive end Brg. 35 B:O 2XPP 3M Opp end Drg. 17 BCO 2XPP 3M COMMUNITY BUILDING Blower Motor Century Electric Co. Squirrel Cage Induction Polyphase Nodel SCM-326V-FCA EM19-305788-01 HP20-8.9 Phase 3 1740-1140 RFM 440V 24.6-12A Buffalo Model G Air Cabinet Size•& Type 272 PCB 66T-12638' Duct Heaters Edwin L. Wiegsnd Co, 61 No 438013 Cat No. 70,35X5305268-241237-000 35 KW 440 V Phase 3 5 Circuits 42 ETV 230X53 480 V 230 KW Phase 3' 6 CKts. Johnson Control A-421 Rei, after cooler 6 dryer 115 V 4A F-12 7.8 oz. Filters X 25•X 2 inches 15 ea. ems. BID J 8634 Page 4 LIBRARY Governair Model No. ZV-G-X235 RH Serial No. 19535 Blower Motor Filter 20 x 25 x 2 8 ea. MUNICIPAL BUILDING (Basement) Emergency Equipment Trane Compressor Model No. 2F5C48N Serial No. G 67H04A1 208/220/440V 3 Phase 64/32 VIA 290145 LRA Water Pump TACO 1336 468 GE Motor 5K43K63455 3/1 HP 206 V 3Phase 1725 RPM Cold Generator Model No. CG 200 208 V Serial No. 546674 208 V 60 Cy Phase 3 EYR 106 Starter PNL 1688 Cont. PNL 2031. F-V Trane Climate Chan er Type 12 Serial No. V 36875 Ope d Balance E Blower Motor (Century Elect.) 6-311466-01 184T SNP 1745 RPM 208V 3 Phase 16 Amps Filters 6 wadable 14 x 25 x 2 6 disposable 16 x 25 x 2 , BID 0 8634 Page 5 POLICE DEPARTMENT (Equipment Room) Trane ^limate Changer Typo 14 serial No. V86867 Oper. & balance R Blower Motor (Marathon Electric) Model No. A M 215 TDR 26EE W 5 HP 206/220/440 V 1417 Amp 1735 Rl'K Filters 20 x 25 x 2 4 each 30x36x2 2each COMPUTER ROOM Tiene Climate Changer Type 12 Serial No. V86868 Oper. & Bal. E Blower Motor lsodel No. SC 215 E CA 6-311681-01 5 HP 1735 RPM , 2081220/440 V 13.8 Amp F3.lters 30x36x2 3each 25 x 30 x 2 2 each CONFERENCE ROOM Trane Climate Changer Type 6 S:r{.al No 486872 Oper, & Bal R Blower Motor (G.E.) Model No 59 184 H G 299E 2 HP 5.812.9 A 208/2201440/V 1730 FPM 3 Phase Filter 20 x 25 x 2 5 each c BID 0 8634 Page 6 COUI~CII. ROOM Trane Climate hanger Type 12 Serial U8687E Oper. S Bal E Blower Motor (CFntury Elect) Model No. SC-215 E CA 6-311587-01 5 HP 1735 RPM 208/20/440 V 13.8 Amp Filter 20 x 25 x 2 5 each dis;usable FIRE STATION d 1 (CENTRAL STATIV) Carrier Water_ Tower lower Model 9E11 309 Scrial No 410 017 t Model 27N11 184 Serial No. 4LOO36 Compressor Room (Basement) Model No. 5H 80-149 Serial No. 330053 Compressor. Motor (Elliott Co. - Crocker Wheeler Dist 60 UP No. PE - 2710301 208 V 145 A Phase 3 1760 RPM Frame BA-4446 Code F Design B Ser. Factor 1.15 NATURAL GAS BOILER (National Radiator Co. No. 7-66 IBR Rating, Input BTU 11R Sq. Ft. Steam 3740 195004000 BTU/HR Water 90200 Output 1,200,000 Bell 6 Gossett Pump G J P 77-12351 Pump Motor 4 HP 1725 RPM 115 V 3.7A 1 Phase r~~ F~ ♦ 5 ~ Y l~ , N i I. r 1-~ a + , r r a id ~ ``r, =~78 Ms. ~oro~h~r ~~lliams ' • ~G,` 3 ' . % \rFS. !?t,,k.f i' `F9 NO. r7 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY CF DENTON, TEXAS, AS VME Wt,S ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE N0. 69-11 AND AS SAID MAP E APPLIES TO LOT 3, BLOCK 330, AS SHOWN THIS DATE ON THE OFFICIAL TAX iaL~P OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. THE. COU'.JCIL OF THE CT2Y OF DENTOIJ, TEXAS, HEREBY ORDAINS: SECTION I. That the Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to the Code of Ordinances of tihe City of Dentin, Texas, under provisions of Ordinance No. 69-1, be, and i;he same is hereby amended as follows: 4 All the hereinafter described property is hereby removed frc.n the Multi-Family "MF-1" District as shown on said Zoning Map, and all provisions of Ordinance No. 69-1, I adopted the 14th day of January, 1969, as amended, shall; hereafter apply to said property as Single-Family "SF-711 District in the same manner as other property located int the Single-Family "SF-7" District; All that Pertain lot, tract or parcel of land lying and being sitiuated in the City and County of Denton, State of Texas, and being Lot 3, Block 330 and being located J at 93.: West Oak Street in the City of Denton, Texas. f SEC"ION II. That the City Council of the City of Denton, Texas hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, 'texas, and iiith reasonable consideration, among other things for the character of the district Lnd for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appro- priate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. SECTION III. That this ordinance shall be in full force and effect immedi- _ ately after its passage and approval, the required public hearings having heretofore been held by the Planning and Zoning Commission and the City Council of the City of Denton, Texas, after giving due notice thereof. PASSED and APPROVED This the 20t day of March, A. D. 1979. JF 01 MITCH L, 0 yiTY OF DENTON , TEXAS ATTEST: K 11OLT-s-CITY SECRETARY C 1 OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: LF ISHA , CITY ATTOROEY CITY OF DEWTON, TEXAS pww" L f ((r)te' 1 ~ V ~ 7... ~ - r I! ~1 ' . r `l r e } r S W s F 51wy r .A ~1~f' J 5 ~j 377 Mr; Rpf lin ' Slfilhgbr y ppYY t '1y~.,i. ~;~.~~~'~.k~x?~ x , •~_i ~`.i r x ~_''_<^''.-`a ti.~ k4.i .i ~~.36. 'IE.L ~~'I s~rs t..".~`CFS^YS~~•T AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OFE THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO LOT 1, BLOCK 330, AS SHOWN '^HIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. x THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: _ SECTION I. That the Zoning Map of the City of Denton, Texas, adopted the rte, 14th day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas, under provi6ione of Ordinance No. 69-1, be, and the same is :ereby amended as follows: All the hereinafter described property is hereby removed from the Multi-Family "MF-1" District as shown on said r Zoning Map, and all provisions of Ordinance No. 69-1, adopted the 14th day of January, 1969, as amended, shall j hereafter apply to said property as Single-Family "SF-7" ?a District in the same manner as other property located in et the Single-Family "SF-7" District; All that certain lot, tract or parcel of land lyin and being situated in the City and County of Denton, Sate of Texas, and being Lot 1, Block 330 and being located at 1003 We,t Oak Street in the City of Denton, Texas, SECTION II, That the City Council of the City of Denton, Texas hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appro- priate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. SECTION III. That this ordinance shall be in f,:'Ll force and effect imr:iedi- ately after its passage and approval, the required public hearings having heretofore been held by the Planning and Zoning Commission and the City Council of the City of Denton, Texas, aftee giving due notice thereof. PASSED and APPROVED This the 20th day of March, A. D. 1979. J ITCHEL , MAYOR TY Oir bENTON, TEXAS ATTEST •!7 ;OLKS HOL' , ITY SE R TA CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: Jill PAUL C. IS M , ' ITY ATTOF~iF.77 CITY OF DENTON, TEXAS , s a v - pll I, I 11''i • y i. " t owl y~ ~.~Y 1N~Zi [r I /)5~~ / '/y/`'~ r, ~J ~ ~ a i Lr12 15- s W. -1, m. , TAIL STATE Or TEXAS ~ COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: } ;i THAT J. 11, NEBLETT DEED RECORDI of Denton County, Texas 8139 , in consideration of the sum of and other food 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 hii~i . Situated in Denton County, Texas, in the R. Beaumont Survey, Abstract No. 31 All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the R. Beaumont Survey, Abstract No. 31, and being part of a tract of land as cot. veyed from Albert E. Harpool, et ux to J. H. Neblett by deed dated July 6, 1950 and recorded in Volume 361, Page 473 of the Deed Records of Denton County, Texas, and more particularly described as follows: BEGINNING at a point in the south boundary line of said tract said point of beginning bean the intersection of the west right of way line of Bradley Street and the north right of way line of Scripture :street and also being the southwest corner of a tract of land conveyed from J. 11, Neblett to the City of Denton by docl:ment dated February 21, 1955 and recorded in Volume 409, Page 178 of the Deed. Records of Denton County, Texas; TIIENCE west along the south boun- dary line of said tract, same being the north right of way line of Scriptur Street a distance of 8.0 feet to a point for a corner; TIIENCE north 8.0 fe west of and parallel with the west right of way line of Bradley Street same being the west boundary line of the aforementioned City of Denton tract a distance of 150,0 feet to a point for a corner said point being 12.0 feet east of the northeast co-ner of a tract of land conveyed from John T. Campb 1, et ux to J. H. Neblett, et ux by deed dated November 6, 1947 and recorded i Volume 340, Page 404 of the Deed Records of Denton County, Texas; TIIENCE east a distance of 8.0 feet to a point for a corner in the west right of wa line of Bradley Street same being the wes. boundary line of the aforementiorEd City of Denton trat;t; TIIENCE south along the west right of way line of Brad y Street same being the west boundary line of the aforementioned City of Dent tract a distance of 150,0 feet to the place of beginning and containing 1,200.00 square feet of land, more or less. And It is further agreed that the said City of Denton, Texas In consideration of the benefits above set out, will remove from the property above describers, such fences, buildings and other obstructions as may now be found uron said property. Forthepurposeof constructing, installing, repairing and perpetually main- taining streets and public utilities In, along, upon and %cross said premises, with the right and privilege at ail times of the grantee herein, his or its agents, employees, workmen and representatives having ingress, egress, and regress In, along upon and across said premises for the purpose of making additions to, improvements on aid repairs to the said streets and public utilities any part thereof. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the- r' sex,Zigresald the ide. .aea above described. hanthis the ./`•,(Tday of March , A. D. 1979 . fy. R , „N NO( 943 PAGE 333 LVOL M rAu 3134 SINGLE ACKNOIN'LEDGMENT THE STATE OF TEXAS, 1 BEFORE ME, the undersigned authority, COUNTY OF DENTO I in and,for said County, Texas, on this day personally appeared __.J....$._-Neblet-f... - t r - - tggarato eta whose name iS subscribed to the foregoing instrument, and acknowledged to me I t 2'~ n b` t~ }tt, same for the purposes and consideration therein ex ressed. hi 11 y~a ' ikeS1Y HAND AND SEAL OF OFFICE, This. ! day of_ . hSarGh--_----- A.D. 19 9. S Notary Public, .---_..Denton County, Texas My Commission Expires jkLee 1 19 ..:I. SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, t BEFORE ME, the undersigned authority, COUN Y OF _ . f in and for said County, Texas, on this day personally appeared.. known to me to be the person whose name s rbscril,c+I to the foregoing instrument, and acknowledged to me that _ he.... executed the some for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This _ day of----- _A.D. 19 Notary Public, County, Texas I+Iv CnmmN.4inn Expires June 1, 19 CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS, 1 BEFORE ME, the undersigned authority, COUNTY OF 1 in and for said Cuunty, Texas, on this day personally appeared known to me to be the person And otficcr whose narae is subscribed to ;:re f+,retreirs,, inmrv:wnt nn l eckrowlcdged to me shut the same was the act of the safi a corporation, and that he exuuted the snme ns the act of sttctt corpol Won for the nurpn,es nn.l consi!nation therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of A.D. 19 (L.S.) Notary Public, . County, Texas i My Commission Expires June 1, 19- RK'S CERTIFICATE THE STATE OF TE%A Gount COUNTY OF. _ e..... Clerk oC the County urLO ald Ct~r.Deby certify that the foregoing i strument of writing dated on the _ day of A D 19 with its Ce+tifi~tto or Authentication, was filed for record in my office or the. . d f~ r A. D. 19 nc o'clock M., And duly s5 recorded this ulayr ! . tP qi~- A. D. 19 at o'clock M., in the nytIaid County, in Volume . on pages WITNESS MY HAN N SF O 'rAE L " of Bald County, at office In ` th-61--ear last above written. 4 County Clerk County, Texas. By . Deputy. a j a U+ 4 Y H • 22 r;1:2 00 ir~ i W tw O O 6 E+ E MINE i[Jfit2~' jx-f ~ I 4 THE STATE OF TEXAS Q KNOW ALL MEN BY THESE PRESENTS: COU14TY OF DENTON G LEASE AGREEMENT THIS AGREEMENT OF LEASE is made on this the 21st day of March , 1979, by and between ROBERT E. SAGE d/b/a TWO TWENTY-FIVE BUILDING (hereinafter called "Lessor") and the CITY OF DENTON, TEXAS (hereinafter called "Lessee"), WITNESSETH; The Lessor hereby leases to the Lessee the offices numbered SIX (6) and SEVEN (7) in the building known as the Two Twenty-Five Building, located at 225 North Locust in the City of Denton, Denton County, Texas, said premises cc be used for the purposes of office space. The term of this lease shall be month to month, commencing on the 1st day of April , 1979, with either party cancel- ing by written notice to the other party thirty (30) days it, i advance of the proposed cancellation date. The Lessee shall pay to the Lessor the monthly rental of Two Hundred Twenty-Five Dollars and No/Cents ($225.00), due and payable in full, in advance, on the first day of each calendar month. Furthermore, the first monthly rental payment shall include payment for the last monthly rental, a total of Four Hundred Fifty Dollars and No/Cents (1450.00) to be paid by Lessee upon commencement of this lease. All monthly rental and any notice of cancellation to Lessor shall be payable at 225 N. Locust, Denton, Texas 76201 , or such other place as the Lessor may designate in writing. Lessee shall commit no act of waste and shall take good care of the premises and the fixtures and appurtenances therein, and that at the expiration of the lease, peaceable possession of tht said premises shall be given to Lessor in as good condition as aL the beginning of this lease, usual wear and tear, damage by fire, and acts of God or the elements excepted. .j Lessor shall, during the entire term of this lease, keep said premises and appurtenances in a condition of thorough repair and good order at his own expense, except where the repair has been made necessary by misuse or neglect by Lessee. Lessor shall have the right of access at reasonable times for examining and making repairs to said premises. Lessor skull pay all utility charges for water, electricity, heat, gas and power used in and about the leased premises. All such charges to be paid by Lessee to the utility company or muni- cipality furnishing the same before the same becomes delinquent. Lessor shall furnish heating, air conditioning and necessary electricty for lighting and the operation of usual office machines. Lessor also agrees to furnish, at its expense, reasonable and custo- 0 mary jantiorial services for the office space ^ubject to this lease. Lessee shall not assign or sublet this lease or any part there- of without first obtaining the written consent of the Lessor. Lessee will not make any alterations, additions or improvements In or to the leased premises without first obtaining the written consent of the Lessor, and any alterations, additions, or improve- ments, except movable trade fixtures, shall become t:t: property of Lessor. Consent for alterations, additions or improvements shall not be unreasonably withheld by Lessor. However, and more speci- fically, Lessee shall have the right to erect or install shelving and the right to remove, at termination of this lease, suih shelv- ing so erected or installed. Lessee agrees to repair any damage caused by such removal. Lessee shall have the right to erect reasonable signs Dn any portion of the leased premises inclining but not limited to, the exterior walls of the building. Lessee ahall remove all such signs at the termination of this lease, and shall repair any dam- age and close any holes caused by such removal. Time is of the essence o" this lease with respect to the per- formance by the Lessee of its obligations hereunder. PAGE 1.40 Lessee agrees that it will provide insurance coverage fcr any items, materials or equipment stored or in use on the premises. Lessee shall have the right to terminate this lease upon five (5) days written notice to Lessor in the event an execution be Issued against Lessor or the Lessor makes an assignment for the benefit of creditors or be adjudged bankrupt. Lessee agrees that upon the non-payment of the whole or any portion of the rent herein, at the time when the same becones due or upon the non-performance by Lessee of any of the covenants herein, the Lessor may, at his election, re-enter and take possession of said premises; and Lessee hereby waives any notice of such election, notice to quit possession of said premises or any demand for payment of rent, or for the performance of any of the covenant. herein. Pro- vided, however, that the failure and omission of Lessor to declare this lease forfeited upon the default of Lessee of one or more of the terms and conditions herein shall not operate to bar, abridge, or destroy the right of Lessor to declare this lease null and void upon any subsequent fault or cause of forfeiture :sf this lease by the r Lessee. In the event that said premises shall be rendered untenantable by fire or other casualty during said tern,, Lessor may rebuild said premises within 30 days, but failing to do so, or i:.' said premises shall be destroyed by fire or other casualty, this lease thereby shall bc! terminated; and, in the event of such termination of this lease, Lessee shall be chargeable with rent only to the date of such fire or other c.zualty, and if Lessor stall rebuild within '?J days, Lessee shall. be excused from payment of rent for the period of such rebuilding. The covenants herein shall extend to and be binding upon the heirs, executors and administrators of the parties to this lease. SPECIAL CONDITION: In the event possession of tho herein des- cribed premises cannot be presented to Lessee by Lessor by the lsJ_ day of aril , 1979, this agreement will be cancelled and terminated and any monies already raid refunded. PAGE THREE l MMMWJ IN WITNESS WHEREOF, the parties to this lease agreement have hereunto set their hands and seals, the day and year first above written. ROBERT E. SAGE d/b/a CITY OF DENTON, TEXAS, THE TWO TWENTY-FIVE BUILDING, LESSEE LESSOR f 1 ! / BY: l 2-Z BY: l.lJ..0,c WITNESS' N SS PAGE FOUR r ~ C`' 4J ~ `"j ~I fi, t AT A REGULAR MEETING Of THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 20TH DAY OF MARCH, A. D. 1979. R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That the City Council of the City of Denton opposes H.B. 1667 and further opposes any merger of the two great universities in Denton or of their Boards of Regents. PASSED and APPROVED this the 20th day of March, A. D. 1979. 4 JOE 1fI1TCCiHEL , YO:2 OF DENTON, TEXAS P.TT ST -e,7 Z' c ROOKS HOL , TTY SEC TARP CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C-21 Ae?% M UL C, ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS I' qq \ x ~ ~,z ~ ~ ~ ~ ; ~ ~ fr Z r" ~ ~r t' f v, ~ fy-- II ~ , r c ~ , ~ q• ~ 1 ~ ~ j/ No. 79- 8 AN ORDINANCE BY THE CITY OF DENTON, TEXAS, CHANGING AND ESTAB- LISHING THE MAXIMUM PRIMA FACIE SPEED LIMIT ON FORT WORTH DRIVE BETWEEN THE INTERSECTIONS OF EAGLE DRIVE AND CARROLL BOULEVARD; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE AND DECLAR- ING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I, That the maximum speed limit on Fort Worth Drive, a public street within the City of Denton, is hereby changed from 35 MPH to 30 MPH between the intersections of Eagle Drive and Carroll Boulevard. SECTION II. That anyone exceeding this speed limit, when posted, with- out legal excuse, shall be guilty of a misdemeanor, and, upon, conviction, shall be punished by a fine of any amount not exceed- ir.g Two Hundred ($200,00) Dollars. SECTION III. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining pcrtionesof this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION IV, That this ordinance shall become effective fourteen days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten '10) days of the date of its passage. F;,SSED AND APPROVED This the 20th day of March, A. D. 1979. 691, yx/. I JOE CHEL , OR CI OF DENTON. TEXAS ATTEST: 0 KS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: ..C - 6G---"_ PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS I ~ t ~ ~ - t X~ ) 9~ py~ l ~ r,'~ C { THE STATE OF TEXAS, KNOW ALL 31EN BY THESE PRESENTS: COUNTY OF DENTON DEED RECORDS That 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 7g20_ Ten & No/100 ($10.00) DOLLARS, and other good and valuable consideration to it in hand paid by Southern Methodist University 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 Southern Methodist University its successors >Iiei and assigns, all its right title and interest in and to that certain tract or par- cel of land lying in the County of Denton and State of Texas, described as follows, to-wit: All that certain lot, tract or parcel of land lying and being sit- uated in the City and County of Denton, State of Texas, and being part of the N. 11. Meisenheimer Survey, Abstract No, 811 and part of the B.B.D. & C.R.R. Company Survey, Abstract No. 186 and being all of two tracts of land, referred to as North Tract and Appendace Tract, as conveyed from AMCO Propei:ies to the City of Denton by document dated May 23, 1974 and recorded in Volume 708, Page 701 of the Deed Records of Denton. County, Texas and being more particularly described as follows: All that certain tract or strip of land situated and part of Block 41 I'. Heritage Oaks, City of Denton, Denton County, Texas; as shown by plat re- corded in Volume 6, Page 42 of the Plat Records of Denton County, Texas ~i said tract or 15 foot wide strip being described herein by metes and boun ' of the western line, being a 15 foot wide strip lying easterly of and con, ~I tiguous to the line herein described; BEGINNING for the north end of this' ! at a steel rod in the north line of said Block 4, Heritage Oaks, said poirl; lying south 89032' east 290.0 feet from the northwest corner of said Bloc II 4; THENCE south 0043' west 498.15 feet to a steel set in the northwesterl line of Coronado Drive being also the south line of Block 4, Heritage Oak for the south end of this; APPENDAGE TRACT: All that certain tract, or strip of land situated in Block 4, Heritage Oaks, City & County of Denton Texas as shown by p.1.at recorded in Volume 6, Page 42 :)f the Plat Records k of Denton County, Texas said tract being herein described by metes and bounds of center line of 15 foot wide strip; BEGINNING for the east end ~I of this at a point in the west line of last shown tract said point lying south 89°32' east 290.0 feet and south 0°43' west 293,0 feet from the northwest corner of said Block 4, Heritage Oaks; THENCE north 89°17' west 19.0 feet to the west end of this. i TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privi- leges and appurtenances thertto in any manner belonging unto the said City of Denton, Texan its successors k !1 xkM and assigns, forever, so that neither the said i City of Denton, Texas, its successors mm 1*21xxk1lt4 nor any person or persona claiming under it shall, at any time hereafter, have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part there- of. our hand at Denton, Texas this 7M t, . r day of Mai ch A. D. 19 79 ! II i` Wi' t of Grantor: CITY- 0 _ _E ON -TEXAS A t BY : eel A- pp pp ~Y. OE MI EL LY PvJ ITY_' .A1tY_-_--....___ k r THE STATE OF TEXAS, SINGLE ACKNOWLEDGBIFNT VOL 942 f'AGE !O4 , COUNTY OF r BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared known to me to be the person ~Nhose 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. to Notaty Public, County, Texas My Commission Expires June 1, 19 _ SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, l J BEFORE ME, the undersigned authority, COUNTY OF in and for said County, Texas, on this day personally appeared . known to me to be the person whose name subscribed to the foregoing Instrument, and acknowledged to m^ lhnt he. executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of A.D. lo_ Notary Public, County, Texas My Commission Expires June 1, 19 CORPORATION ACKNOWLEDGMENT r THE_STATE OF TEXAS, BEFORE ME, the undersigned authority, C~UNT~~QF:,,.D NTON 111 III aLM tJr'6aid nnt>71.Texas, on this day personally appeared Joe Mitchell r Mayor of the City t7f Pt r Tf?X&S known to me to be the person and offleer whos*nart~~ a ed to the foregoing Instrument and acknowledged to me that the same was the acl, of the said C c I of the_City. of Dentore-Texas-__-....... a c67 ion, a t he executed the same as the act of su•a corporation for the purposes and consideration therein exprV(F~i;.gn to the capacity therein stated. 'Ctf~7E r4iulNDE~{ MY HAND AND SEAL OF OFFICE, This... /t......do of ITotary lic, ..._.......--DeTt.Texaa A!y Commisslnn Expires itme ir1$.c"3~'~~~_ CLERK'S CERTIFICATE THE STATE OF TEXAS, ~ County COUNTY OF I, Clerk of the County Court of said County, do hereby certify lha: the foregoing Instrument of writing Oa+.ed on the day of D. 19 with its Certificate of Authentication, Nus fled for SLATE OF TEXAS don~y 0{ OENTO$ record in my office on +he day of CnUMY Cif r p I, n'LAirTr; Teas at o clock M., and duly recorded this day of 1 hereby a.rLf,~ Itr lhlat o'clock M., In the dote and edtdi6 i ItahiJ hda ok dfld`Chtftity', tA-Yd14fh on pages 1r f►ill rCm.d n orSS WITNESS MY HAND AND SEAL OF TdtlEl COUI1Ty, CO,I )t, Nf office in 1 t4Mrtlp'n,4. - 1'e written. the day fni k rnl in v.Vi l .3v ly 4, klar 1: ~y rxk ~h1 e. • _ County, Texas. (L, S.) ~OnCo,By IJ OfV6~/.._,. Deputy. r ,,%J, IAuM CLERK, Donlan County, TW5 Q fa ' ~ g P O $'i x I I( Q in 'I I',, I' q 3 PP4 M~ w c eta V w' j IK d° A 7 ` w x wi b V\ E k~ a i L