HomeMy WebLinkAbout05-1978
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THE STATE OF TEXAS I ,~-C} }
SERVICES AGREEMENT `
COUNTY OF DENTC"1 X
This Agreement made this the ? //A y of /y~//
1~?~
1978, between /
and the City of Dento , Texas, a Municipal Corporation, herein-
after referred to as "City";
WITNESSETH
Whereas, Westgate Hospital and Medical Clinic, Inc, has
provided ambulance service to the City of Menton and Denton
County, and has ducided to cease providing such service on
June 1, 1978; and
Whereas, the City of Denton desires to commence an ambulance
service beginning June 1, 1978 in order to provide its citizens
and the citizens of Denton County with ambulance service; and
Whereas, the City is desiro;l-c of maintaining the quality
of ambulance service and health care to the citizens of the City
and County during the transitional period and hire the Emergency
.Medical Technicians (EMT) that were employed by Westgate; and
Whereas, ,7y~n,(/t~{~~~j,_~Rp~ is a qualified EMT,
' V ,
and City is desirous of contracting with him/her for staffing
the.ambuiances and training firemen in the area of emergency,
health cars; and
s 1 ',fir' .5
Whereas, the City plans to place the ambulance service with-
01
in its fire department;
NOW, THEREFORE, the par ies erete do hereby agree as follows:
1, That is a qualiried Emergency
Medical Technician and•the City agrees to contract ',''its: him/her
for a periud of one (1) year commencing June 1, 1978 at a monthly
salary of $
2, That,/ . stl will work under the super-
vision of the Assi Ant Firo Chief at the fire station he/she is
assigned, but ~U dill have the final,super-
%pisory authority regarding care of injured or sick persons at the'
scene of on emergency or while dispatched on -i ambulance call,
r
1. 01
'r 1' Ir r T'r a; ! P+ 1. %,r,.f '1,1} 'S i~`• I r1 ,i..?1.
/
3' C r~ ~ ~LN will not !drive the ambulance
unless other rivers are unable or unavailable for driving the
ambulance,
4. City agrees to provide
i
with liability and malpractice insurance; and health insurance,
life insurance and workmen's compensation insurance equivalent
to regular City employees.
S. City will provide uniforms, and ztlx~/?; ~r~
agrees to comply with the City fireman dress code when wearing
I
uniforms. will receive eight (8) paid
holidays from June 1, 1978 until June 30, 1979 at one and one-
halr (1h) times the regular rate of pay, ~
6. If 40,oy (1L~!4'LrLQ P~> r becomes a regular City
Fireman during the period of this contract, then he shall receive
credit for vacation pay "and sick pay as per regular City Fireman
as of June 1, 1978,
' 7. Either party to this contract may terminate this con-
tract with two (2) weeks notice to the other party. If City term- J
inates the contract, it must be For just cause.
8. V2 `'J`~~ yL will provide services on a
twelve (12) flour shift and will work seven days and be off-duty
seven days.
9. City agrees to indemnify and hold harmless
from all claims, demands, or loss dam f
a-ising out of the oporation of the ambulance service, but will
not indemnifyr, ,4w' ✓ y r;7,5~n for any willful,
Intentional or malicious acts on his/her part.
10. It is expressly understood by the parties that -he
i
City is independently contracting with X4 ~r 4J0,
U
for theca services, and that LCD `gyp
to is in no ways to be considered an employee of the city of
Denton. ,
.2.
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Executed this day of May, A.D. 1978.
CITY F,NT 1T;XAS.
TUNU, C Y MA k'
;AT TES
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M - L •1P ..,m. 1rQtiS QLTQT•-
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7ou E T
STATE OF TEXAS, ~ KNOW ALL MEN BY THESE PRESENTS:
CNW OF DEED RECORDS
That HAL V. NORGAARD AND WIFE, IiELEN L. NORGAARD
5994
of the County of Denton State of Texas , for and in consideration of
the sum of
--------------------------TEN 6 N01100 ($10.00) DOLLARS,
and other good and valuable consideration
to them in ham: paid by the City of Denton, Texas, a Municipal Corporatio
have Granted, Sold and Conveyed, and by these presents do Grant, Sell end Convey unto the said
City of Denton, Texas, a Municipal Corporation
of the County of Denton , State of Texas , all that cer'.aln
lot, tract or parcel of land lying and being situated in the City and
County of Denton, State of Texas, and being part of the N. H. Meisen-
heimer Survey, Abstract No. 811, and being part of Lot No. 70 Bock
of the Brownwood Addition, an addition to the City and County on Denton,
and also being part of a tract of land as attested to by Hal V. Norgaard
and wife, Heldn L. Norgaard by Affidavit dated March 26, 1968, an8 re-
corded in Volume 564, Page 336 of the Deed Records of Denton County, Toa
and more particularly described as follows: BEGIN'... at the northwest
corner of said tract, said point of beginning also s'.ng the intersection
of the south right of way line of State Highway No. 10 (Sherman Drive) an
the east right of way line of Brown Street; THENCE south 530 06' 2611 east
a distance of 34.95 feet to a point for a corner; THENCE south 140 40'
54" east a distance of 34.95 feet to a point for a corner in the west
boundary line of said tract, sa,.ie being the east right of way line of
Brown Street; THENCE north 330 53' 40" west along the west boundary line
of said tract same being the east right of way line of Brown Street, a
distance of 66.0 feet to the place of beginning and containg 379.5 square
feet of land, more or less.
TO HAVE AND TO HOLD the above described premises, together with all and sirguiar, the rights
and appurtenances thereto in anywise belonging unto the said City of Denton, Texas , a i
Municipal Corporation, its successors
*t611dt and assigns fo,ever; and we do hereby bind ourselves, our
heirs, executcrs and adininistrators, to Warrant and Forever Defend all and singular the said premises
unto the said City of Denton, Texas, a Kunicipal Corporation, its successor
kldba and assigns, against every person whomsoever lawfully claiming, or to claim the some or any part
thereof.
Witness our hand at Denton, Texas
this 31 `r day of A. D. ld 7 7
Witnesses at Regl est of Grantor: 0 ? o
, ( CY1L~tik
,1rt 879 iAi t 429
ILI, L
SINGLE AC'KNOWLEDG\w;,r 8
THE STATE OF TEXAS, ~ vc( 9 rA+;c 430
COUNl Y OF DENTON VEFURF. ASE, the undersigned authority,
in and for sai,} Coaety, er, this day porstmally ;gpoared MI, V.. NORGAARD AND WIFE, .
HELEN" .'..'..(i ORGAARD
knmyh to me to be the peixo6 whose nnme 5 are ubsciibn,i to the forego in,; Snstrument, and acknowledged to ate that
t; he yexrcate;l l}:u sgoie hu the purposes and cnnsidrr:X- o thcr; in ezpcc: Sod.
GIVEN UNDF:It :,lY 1fAND AND SRAh OF OF}'ICE,'fhis ~ clay of A.D. 19 77
Notary Publie, Denton County, Texas
My Cwmr.iisnion Expires Jone 1, 19
JOINT ACKNOWLEDGMENT
THE STA'E OF TEXAS, l BEFORE ME, the undersigned authority,
COUNTY OF f
in and for said County, Texas, c n this day personally appenrcd
and
his nife, both known to me to to the persons o hose names are suhacribcd to the foregoing instrument, and acKnuwlcdgod to
me that they each exrcuted the Pantie for the purposes and consii'rration therein expressed, and rho .aid
, wife of the said having been
examined by me privily and apart from her husband, and having the same fully explained to her, she, the said
nrkoowledged such instrument to be her art and deed and
ehe declared that she had willingly signed the same fcr the purposes and consideration therein expressed, and that she did
not wish to retract it.
GIVEN UNDER All' HAND AND SF.AI, OF OFFICE, This day of A.D. 19
Notary Public, _ County, Texas
My Commission Expires June 1, 19.....
WIFE'S SEPARATE ACKNOWLEDGMENT
THE STATE OF TEXAS,
BEFORE A18, the undersigned authority,
COUNTY OF
in and for said County, Texas, on this day persnn ally appeared _
wife ot. _
known tome to be the person whose name is suhsrilbrd to the foregoing instrument, nim having been examined by me privily
and apart from her husband, and having ;he snmr fully explainer, to her, ?ho, the said
acknowledgrd such instrument to be her art and deed, and
she drebrred that Phobic! r ilimgly signed the siroe f,,r the pmpoaoq and consideration therein expressed, and that she did
not wish to retort it.
GIVEN UNDER AY HAND AND SEAL OF OF'F'1CF,Thfs cay of A.D. 19
(1,.S.)
's``sa re E Notary Public, . County, Texas
1 g r My Commission Expires June 1, 19...._ .
3 ~ , r 4 ; CLERK'S CERTIFICATE
196, S E Old
C ryTl' County
b QQ}~ 1
rk t Courl~ r $ lg of#41 County, do herebyrei)tify that the foregoing instrument of writing dated on the
S
. day A l 4 19 with its C^itificale of Authrnti,alion, ans filed for
cord oftjgo jt~ea day of A. D. 19 at u'rlock._ . AL, and duty
eeorde thil ~C( n y~ g A. P. 19 at o'clock M., in the
7 rovzq Records of said County, in Volume on pages
st office m
W S3 NIY. }ti4~1~6EAL OF THE C('-UNTY COURT of said Countq,•
..........y the day and year last above wrdler.
County Clerk County, Texas.
(L 9.) By Deputy.
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6l o r~ ° ,~2g A I kfl 8 Z
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229 West Hickory
Box 518
Z, Denton Texas 70201
81 7 387 6148
WAVE TITLE Companyof Denton
T".ay 2, 1978
Nr, Brooks Holt,, City `secretary
h7unicipal Bui" -ling
Donton, Texas 76201
Re: City of Denton Property ParchaLe
Dear Sir:
We are enclosing 01-merts Title Policy No. 1 510323 irhich covers
the t,;ro tracts of land recently ptrchase out of the N. H,
Ileisenheirer Suivey, Abstract 616.
If we can be of fuethor assistance to you in the future, please
do not hesitate to call on us.
Very -truly yours,
Utis Akers L
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Conditions and Stipulations
1 Definitions
The following terms when used in this policy mean.
(a) "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.
2. Exclusions from the Coverage of this Policy
This policy does not insure against loss or damage by reason of the following:
(a) The refusal of any person to purchase, lease or tend money on the 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 not limited to,
building and zoning ordinances,
(c) Any titles or rights asserted by anyone including but not limited to, persons, corporations, goverrments or other entities
to tidelands, or lands comprising the shores or beds of „avlyable or perennial rivers and streams, lakes, bays, gulfs or oceans,
or to any land extending from the Gre of mean low tide to the line of vegetation, or to lands beyond the line of the harbor or
bulkhead lines as established or than led by any government, o: to filled in lands, or artificial islands, or to riparian rights, or the
rights or interests of the State of Texas or the public generally i the area extending fro.,. 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 fnsured 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 caees where this policy provides for the defense of any action or proceeding, the tnsured shall secure to the Company
the right to so provide defense in such action or proceeding, and all appeals the -ein, and permit it to use, at its option, the name
of the Insured for such purpose. Whenever requested by the Company, the Insured shalt give the Company all reasonable aid in
any such action or proceeding, in effecting settlcment, securing evidence, obtaining witnesses, or defending such action or
proceeding.
(b) The Company shall have the right to select counsel of its own choice whenever if i< required to defend any action or pro-
ceeding, and such counsel shall have full control of said defense,
(c) Any action taker, by the Company for the defense of the Insured or to establish the title a• insured, or both, shall not be con-
strued as cn admission of liability, and the Company shall not thereby be held to concede liability or waive any provision of this
policy,
4. Payment of Loss
(a) No claim shall arise or be maintainable under iftis policy for liability voluntarily assumed by the Insured in settling any claim
or suit without written consent of ii Company.
(b) All payments under this policy, except payments made for costs, attorney fees and expenses, shall reduce the amount of the
insurance pro tanto; and the amount of this policy shall be reduced by any amount thr, 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 whichifis P.
charge or lien on the land, and the amount so paid shall be deemed a payment to the Insured under this policy,
(c) The 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 iereunder to pay, shall terminate all liability of the Company hereunder as to such claim, further, the payment or
tender 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
C ampany unaffected by any act of the Insured, and it shall be subrogated to and be entitled to all rights and remedies of 'he
Insured against any person or property in respect to such claim. The Insured, if requested by the Company, shall transfer to the
Company all rights and remedies agairst 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. Policy Entire Contract
Any action, actions or rights of action that the Insured may have, or may bring, 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 Compa.1y, shall be addressed to USLIFE TITLE INSURANCE Company of Dallas, 1301
Main Street, Dallas, Dallas County, Texas 75202.
6. This policy is not transferable.
U411FE TITLE INSURANCE Company of Dallas
Owner Policy
of Title
Insurance GFx 19075
IISLIFE TITLE INSURANCE Company of Dallas, DALLAS, TFXAS, a Texas Corporation,
HEREINAFTER CALLED THE COMPANY, for value does hereby goarontee 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 a of the date hereof,
the Insured has good and indefeasible title to the estate or interest in 'he land described or
referred to in this policy,
The Company shall Pint be liable in a greater amount than the actual monetary loss of the
Insured, and in no event shall the Company be %Ve for more than the amount shown in
Sc;ndule A hereof, and shall, except as hereinafter stated, at its own cost defend the Insured
in ev:ry action or irocceding on any clairn against, or right to the estate or interest in the land,
or ;ny part rher,,,ol adverse to the title to the estate or interest in the land as hereby
guaranteed, bu, he Company shall not be requireu 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 Peragr~,ph 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 crpmmencement 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 ha re been held valid by a court of last resort to which either litigant may apply, and
if such adverse interest, claim, or right so established shall be for less than the whole of the
estate or interest in the land, then the liability of the Company shall be only such part of thn
whole liablity limited above as shall bear the same ratio to the whole lia~)ility that the adverse
interest, claim, or right established may bear to the whole estate or interest in the land, such
ratio to be based on respective values determinable as of the date of this policy In the absence
of notice as aforesaid, the Company is relieved from all liability with respect to any su-h inter-
est, clairn 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 proceed) rg, 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 esi or interest in the land, this policy automatically thereupon shall become
a warrantor's policy end 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 fivo years from date hereof remain fully protected according to he terms
hereof, by reason of the payment of any loss he, they or it may sustain on account of any
aA,NCE ee~q warranty of title coitained in 'he transfer or conveyance executed by the Insured conveying
the estate or interest in the land The Company shall be Gable undo, said warranty only by
L'•, o reason of defects, liens or encumbrances existing prior to or at the date hereof and not
excluded either by the exceptions or by the Cof,dilions and Stipulations heraof, such liability
not to exceed the amount of this policy.
IN WITNESS HEREOF, the USLIFE TITLE INSURANCE Company of Dallas has caused this
policy to be e::ecuted by its Presidont under the seal of the Company, but this policy is to be
valid only when it tears an authorised countersignature, as or the date set forth in Schedule A.
- - -
nnnr Fr,nr Vmn Prrodn.,l For nlnry a,}AI,rxw m
Awhanred Spr,ehne -
r nc+ 4 t I f ~2 IlrfH
Formerly DALLAS TITLE AND GUARANTY COMPANY
f
y r tii {.y r ArXi a%4 r h
•r ~ yr~ ,}i 'Si 3s r yy r y~ \ ~ Eo ~r ~ is i~5
ff ~ (i 4 C ~ + i, R r?' ~ i ~ ! I ~ ~ E ~ 1~ ~ : ~1'~` ~ I ~ t ~ T E~ r d ti'ti' r ~ yr p.., ~ 1 ; 'yfM•
~ V'~.~j~lr~ y..~ •r1 d4~~'r,~ 1r H R i ~d ~~•I t~1r~l~~f" ~ 'lV~' k i~`3~ y~y~~,~ i}~~{ s '}~~+i r!)ya ' 'M'
Maxson-Aahoney-Turner, Inc, CONIPAIdES AFFORDING COVERAGES
3601 Cedar Springs
Dallas, TI 75219 Bituminous Casualty _
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AMENDED ' g ganger Insuran e
Contract Builders (Jeff Nolan, Inc,) C Centennial Insurance
r: 814 Shady Grove
Grand Prairie, Texar 75050
` i 1, ' .r I I I rl . r'•I ;I. iIt lirr c,Il llir, l i
Err, its of I! ability in Thou sands (000!
,r 3`.~ ~ r M1 grM1tl
GENERAL LIABILITY
00 530 00
A ~Xl CA 807 745 5-1-78
X
s 100 + 10
A yi iX
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X: 5
AururI LldlnalTY
I + 100
A X'I GA 807 745 5-1-78 1300
IXI
X ,
I XI I ~
[YUFS WlttLIT
B Xl' RU 301 599 4.1-79 '12000 t
IWOR K ERS' G OPR i'E NS A13N
A and WC 535 248 5-1-78
EMPLOYERS'IIAEi+~IrY
OT 0....`:
HER 1 e-,l00
C Buildera RiSIF 235-21-48-43 5-1-78 $250, Deductible
,,•a tea, ,a• MAX ()N • MAHONEY -TURNER
• Cl Sf I'IP hVN Of 01'I I>alu I', I"'a nh'fi".I i
, inrrv / /ne urn n.voAyen h
54
R8: Denta Fart: and North Lako Park Recreation Centers '°°tr 111n70s'D^u"s'xnw>ae1°'°=`'t>a
Charles L. Shaw III
SWE Iola
rancehflon: Should arty of III, iL, [I 'I•rolrit'r-I pal's In-. L•' I,II' r II,,I ke!,Jro 111; r.Irdt't rl 114? tl u'rrpl_ the FSI,JII;Q com
pzny will er,J,jvor bl nLJII Iiay-, I;rllh Ii II' II to III, Ilrvloll n InJr'1 rni I fI nl_' hoiIkI, but to ILve to
mall svrh notI -c sIi ~ii I Inrpo Sn nn OdIF, 0 or, Or 4i..0)ili!y of arry Find Iron fhc rgrnpiny.
City of Denton I cM1+L rs.Jrc 5-1-78_
Denton, Texas MIX16 Mahone Tur9,gr, In
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Q OATH OF OFFICE
I,TA BLf}N~/.:•~i'{~ do solemnly
swear (or affirm) that I will faithfully execute the duties of the
office of rgeeg E~
of tt'ia City of Denton, Texas, and will to the best of my ability
preserve, protect and defend the Constitution and laws of the United
States and of this State and the Charter and Ordinances of this City.
Subscribed and sworn to before me the undersigned on this the ~f Zill
day of -t-` A.D. 191 To certify which
witness my Tan and ea of office.
I SECRETARY
CITY OF DENTON, TEXAS
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OTHE STATE. OF TEXAS
AMBULANCF: USE AGREEMENT
COUNTY OF DENTON j
This Agreement made this the _3 day of May, 1978, between
Westgate Hospital and Medical Clinic, Inc., hereinafter referred
to as Hospital and the City of Denton, Texas, a Municipal Corpo-
ration, hereinafter referred to as City;
IVITNESSETH:
1. City will provide to Hospital the use of that certain
vehicle described as follows:
MAKE GNIC MODEL Ambulance
YEAR 1973 . ID# TGY353US03627
2. Hospital shall use such vehicle for the purpose of pro-
viding ambulance service.
3. Hospital shall bear all costs of operating and maintain-
ing the described vehicle and return same to City in acceptable
condition at the end of the use term.
4. Hospital will provide all personnel necessary for the
operation of such vehicle.
5. Hospital and City agree that the term for use of such
vehicle shall not exceed thirty (30) days from date of execution
hereof.
6. Hospital and City agree that this agreement may be ex-
tended for terms not to exceed thirty (30) gays upon mutual agree-
ment of parties.
7. Hospital agrees to maintain such insurance as designated
by City and acceptable thereto.
8. Hospital agrees that the described vehicle shall be used
only as an auxiliary vehicle in the event of the uravailability of
llospi'al's own vehicles.
9. Hospital will indemni!y and hold harmless the City from
all claims, demands, loss damage or expenses arising out of such
activity.
Y r~
EXECUTED this the 3 day of May, A. D. 1978.
WESTGATE HOSPITAL AND MEDICAL
CLINIC ,
1 ~ / ~
BY:
ATTEST:
CITY DENTON, TEXAS
BY:
C H i 9 1 T N 1A E
ATTEST:
Vg~KS HOLT, C1 SECRETARY-
THE STATE OF TEXAS X
COUNTY OF DENTON X
BEFORE ME, the undersigned, a Notary Public irrk~ and for 5
, dministvator
County and State, on this day personally appearedTlm J. Jacksonai~
of Westgate Hospital ane, Medical Clinic, Inc., known to me to
the person and officer -whose name is subscribed to the foregoing
instrument and acknowledged to me that the same was the act of the
said Vestgate Hospital and Medical Clinic, Inc., a corporation, and
that he executed the same as the act of such corporation for the pur-
poses and consideration therein expressed, and in the capacity there-
in stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 3rd day of May,
A. D. 1978.
PUBLIC AND FUR-
NOTAUY DENTON COUNTY, TEXAS
my commission expires 3-31-79
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CENTRAL OISTAICT
"'NOCOMA 'EASEAVK[s COURANT EAST PIKE BUILDING, SUITE 200, 95' SOUTH WEBB ROAD, WICHITA, KANSAS 67207 16
AD,
May 17, 1978 `
r ~1"W f 3-5040-GSK-115
Lo Ll t' . Ii
14AY 18 1978
CITY OF DENTC 1
MANAGER'S OFFS-E
Mr. G. Ch s Hartung
City Man ger
Citv of enton
215 E t McKinney
Denton, Texas 76201
Dear Mr. Hartung:
Enclosed please find your copy of our agreement which has
been designated Agreemtlnt No. DON1382A and approved by
Boeing Computer Services.
In the event there are question~l regarding our agreement
or additional BCS services please contact the undersigned,
telephone (316) 681-6911, or your. BCS Sales Representative,
Mr. Clark Nash, (214) 639-4701.
Sincerely,
GS. Kyer
Contracts Manager
Enclosure
1
r BOEING COMPUTER SERVICES.COMPANY
(A Division of The Boei-tg Company) AGREEMENT NO.
nnvlss2A
AGREEMENT FOR COMMUTER SERVICES
Customer Namq and Address: Boeing Computer Service; Company
CITY OF DPMCI4 Central Disthct/Division
215 E. McKinney Address:
Denton, Texas 76201 1111 W. Mockingbird, Suite 032
Dallas, Texas 75247
The above named Customer and Boeing Computer Services agree that subject to the terms and conditions shown on the reverse side of this form
Boeing Computer Services will provide the following services in consideration of the following prices:
Service. Price(s) per Item
EIS Services - via M/tINSTREAM-CTS Teleprocessing Per Attachments
Service utilizing an IBM 370 series computer dated April 29,
system. 1977
y
t
f _
ThIS AGREEMENT INCLUDES THE TEAMS AND CONDITIONS SHOWN ON THE REVERSE SIDE. THIS AGREEMENT SHALL
NOT BE VALID AND BINDING UNTIL ACCEPTED BY AN AUTHORIZED CUS*OM F1 FIEPRESENTATIVE AND THE APPROVAL
SIGNATURE HAS BEEN AFFIXED BY AN AUTHORIZED REPRESENTATIVE OF BOEING COMPUTER SERVICES.
BOEING COMPUTER SERVICES COMP 4NY
ACCEPTED BY (Customer): (A Div f 1'1,♦ Rnelln Campann I
CITY OF DHNTON C, Yell-lie
uttamer arse Signattue (Sales Repitsentat Hel Date
igMt ti < AM ml SignaturjlAu=, ited Representative-. . yer
Contracts dlfnager
Title a Tula Date
R1e.lto
Co 1000 0eeo rtty 1111
BOEING, COMPUTER SERVICES COMPANY t
AGREEMENT FOR COMPUTER SFRVICES
Terms and Conditions
1. SCO°E OF AGREEMENT. 10. CHANGES IN EQUIPMENT, SYSTEMS, ETC.
This agreement constitutes the entire agreement between Boeing Com- BIDS reserves the right to make changes from time to time in its services,
puler Services Company, a Division of The Boeing Con pang("BCS" systems,programs, rules, ope~ating schedules, documentation, and equip,
herein) and the party rained on the face of this 'nstruni I"CUSTOM- melt.
ER" hereinl and supersedes all proposah, oral or written, unit an other
communications between the parties in zlation to the suliject matter of
this agreement. No other agreement jr understanding exists between 11. EXCUSED PERFORMANCE.
BCS and CUSTOMER except as evpr ashy srt forth in t'iis instrument. BCS shall not he liable for nor be deemed to be in default on account of
These terms and conditions shall prey 'I not: J thstarrding any additional any failure to perform services if due to any cause or condition beyond
or different terms and conditions of an, order submittal by CUSTOM- BCS's reasona Sle control,
ER in respect to thecornpuier services to L•provided her sunder. Except
as otherwise provided herein, no modification of this agi cement shall be 12. LIMITATION OF LIABILITY.
effecrioe until reduced to writing and executed by both parties. (a), With respect to services involving the processing or storage on BCS's
equipment of data transmitted or fumished by CUSTOMER. BCS will,
2. PERIOD OF PERFORMANCE AND TERMINATIOV. at itsexpense, reperform orgrant acredir for any nonconforming services
The period of Ferformance of this agreeme• t endson the completion date which are due solely to errors on the part of BCS, its equipment or its
specified on the face of this instrument. If no complet on date it speci- employees. Failure by CUSTOMER to give notice of nonconforming
fied, either party may terminate this agreement upon 30 days' prior serviceswithin 30days after performance ofsrch services shall constitute
written notice to the other party. If CUSTOMER fails to remove or final acceptance thereof. SCS shall not be re.ronsble in any manner for
instruct BCS on disposition of CUSTOMER data or materials within 30 any nonconforming services •.~hich are caused in whole or in part by in-
ciays of termination or written notice from BCS, SCS m of destroy same, accurate or inadequate input data, programs, or software systems sup-
3. COMPLIANCE WITH LAW. plied by CUSTOMER.
CUSTOMER will not utilize the services provided hereunder in any (b) CUSTOMf.9 shalt maintain adequate supporting material in machine.
manner contrary to law, readable form t,, enable BCS to regener a tacard }j)es, tape files, disk files,
printer outputs and data furnished by CUST fAER pursuant to this
4. PRICE REVISION, agreement. Shou'd any of such CUSTOMER-supplied data be lost or
BCS shall have the right to revise any prices, fates or pricing formulas damaged due to ii urn the part of BCS, its equipment or its em-
set forth in this agreement upon 30 da prior written notice, ployees, El liabrr.ty for such loss or Camage will be limited to the
regeneration of the lost or damaged data from CUSTOMER'S support-
5, PAYMENT, ing material, In th t event the CUSTOMER fails to maintain adequate
CUSTOMER shall pay for computer services as follows &-I porting material in machine readable form, BCS's liability shall be
la) If this agreement provides for a total price for a specified statement strictly limited to the same cost of regeneration at BCS's current rates,
of work, BCS may invoice monthly for equal monthly increments of the as if the CUSTOMER had so maintained adequate supporting data or
total price. copies.
(b) If this agreement has no specified total price, B'S may invoice icl THE OBLIGATIONS OF BCS AND THE RIGHTS AND REMEDIES
monthly for the services provided during the preceding month at the OF CUSTOMER SET FCRTH IN THIS CLAUSE 12 ARE EXCLUSIVE
applicable rates or prices set forth in this agreement. AND IN SUBSTITUTION FOR ALL OTHER WARRANTIES, OBLIGA.
td Terms are net cash payable within 30 days after dale of invoice. TIONS AND LIABILITIES OF BCS, AND RIGHTS, CLAIMS AND
REMEDIES OF CUSTOMER AGAINST BCS, EXPRESS OR IMPLIED,
6. PROPRIETARY INFORMATION. ARISING BY LAWOR OTHERWISE,WITHRESPECTTOANYSERV-
Proprietary inforrnatiow disclosed by either party to tie other for tht ICES PERFORMED HcREUNDER, INCLUDING BUT NOT LIMITED
purposes of this agreement which is clearly to identif,ed in writing a- TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FIT.
proprietary. shall be protected by the recipient in the same manner an I NESS, ANY IMPLIED WARRANTY ARISING FROM COURSE OF
to the tame degree that the recipient protects its own proprietary infof- PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE,
mation. Such information will be disclosed only to these employees if AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR RENIEDY
the recipient requiring access thereto in order to perform this agreem;n6 FOR TORT, OR I OR ANY ACTUAL OR AL LEGED INF RINGEMENT
CUSTOMER will hold harmless and indemnify BCS From liability to rnird OF PATENTS, r,OPYRIGHTS OR SIMILAR RIGHTS OF THIRD
partiesarising from wrongful disclosure to BCS of information whi It has PARTIES, OR FOR ANY OTHER DIRECT, INCIDENTAL OR CON-
been received in confidence from a third party, SEWENTIA! DAMAGES.
7r RIGHTS IN DATA.
Unless otherwisa provided In this agreement, BCS does not convey For 13, TAXES.
does CUSTOMER obtain any riqht in the computer programs, specifier- The amounts payable for computer services under this agreement do not
Lions or data utilized or developed by BCS for the performance of Oils Include any amounts for sales, use, or other similar taxes. If any such
agreement, whether such computer programs, specifications or data are taxes are found at any time to be required, they will be added to the
developed specifically for performance of this agreement or otherwise. amounts payable pursuant to this agreement,
6. COMPUTER PROGRAMS.
SCS may make available to CUSTOMER various computer programs 14. ASSIGNMENT.
which have been developed by BCS or third parties. Use of certain of Neither this agreement nor nny righ is or obligations under this agreement
these programs requires the payment by CUSTOMER of a surcharge. thall be assigned or otherwise transferred by CUSTOMER without the
CUSTOMER, by the use of any such program, agrees to pay BCS the prior written consent of BCS.
applicable surcharge In effect on the date of usage. BCS reserves the
right to remove computer programs from availability end to change the 15. PUBLICITY.
program surcharges. Neither party shall use the name of the other In publicity rr',eses or ad-
9. EQUIPMENT APPROVAL, vtrtising without securing the prior written approval of the other.
If performance of services under this agreement require$ connection of
CUSTOMEn equipment with SCS equipment via common carrier com- 16. APPLICABLE LAW.
munictlion devices or terminal equipment, the devices and equipment This agreement shall be governed by the laws of the state in which the
provided and used by CUSTOMER shall be of a type approved by BCS. BCS Ohtrict Office identified on the face of this instrument Is located.
ATTACH :i
t
TO AGREVYIENT fig. DDN1382A
~ ~nUNG CeWW1~5tMtp ieC
MAINSTREAM-CTS IBM 370/168
MAINSTREAIsf-CTS PRICE = computer processing charges +conncct charges +storage charges.
Computer Processing Charges
Compute: processing charges are the summation of charges for Computing Service Units (CSI) and Applicaron
Resource Units (ARU), dedicated device usage, and card and print 1/0. The CSU is a measure of resou,ce utilization
and is a function of CPU seconds, disk 1/0, tape 1/0, and additional virtual memory used during a CTS session. The
ARU is a measure of iesource utilization and is a function o` CPU seconds, disk 1/0, tape 110, additional virtual
memory and application programs or processors used during a CTS session. A list of application programs and
processors whose usage is measured with an ARU is obtainable upon request and may be amended without notice.
Charges for CSU's and ARU's are based on the processing service level utilized (i.e., prime time, off-hour or deferred
processing). Dedicated deviceF are offered subject to device availabi ity and are charged based on the elapsed time
the device is allocated to thz user. Card and print 1/0 charges apply to all 1/0 spooled during CTS execution. Dedi•
cared device and card and print 1/0 charges are indeper,denl of service level.
Resource Element Unit of Measure Price Per Unit
Prime time service(s) . . . . . . . . . . per CSU or ARU . . . . . . . S 0,16
Off-hour service(b) . . . . . . . . . . . per CSU or ARU . . . . . . . 0.08
Deferred aervice(c) . . . . . . . . . . . per CSU or ARU . . . . . . . 0.08
Ded;cated device usage:
Temporary disk space . . . . . . . . per cylinderihour . . . . . . S 1.20
Tape drives , . . . . . . . . . per drive/hour . . . . . . . 12,00
Disk spindles . . . . . . . . . . . per disk spin Ilelhour . . . . . 30.011
Card and print 110: a
lines prin;cd(d) . . . . . . . . . . per 1,000 lines . . . . . . . S 1.60
Multiple-part paper . . . . . . . . . per 1,000lines/addl part . . . . .SO
Cards pinched(e) . . . , . . . . . W 1,000 cards . . . . . . . [.60
Cards read . . . . . . . , . . . . pet 1,000 cards . . . . . . . 1.60
Protrram Product Surcharge
MAINSTRE,01-CTS sessions or deferred processing utilizing certain proprietary program products will be surcharged
at the perr,edlage rate applicable to the prog*s:n in effect on the date of usage. Surcharges are applicable to the Com-
put.ne Service Unit and exclude dedicated device usage and card and print IfO. Availability of program products and
applicable surcharges is obtainable up.)n rquest and may be amer'e,l without notice.
(a) Prim. time service is available 11:00 a.m. to 8:00 p.m., Eastern Tinre, Monday through Saturday.
(b) CTS usage other than during prime time will be billed at off-hour service rates.
(c) Deferred service affutds overnigf:l processing for nun-conversatiunal jobs. There are no connect i harges for
this service,
(d) Includes standard paper slocl. vhen processed online oral 8CS remote terminals. Special forms will be
charged separate'y.
(e) Ord stock used in punching is priced at SVI per 1,000 cards.
10092 FRIES EFFECTIVE APRIL 19, 1977 1100-21 4/77
~ ~ lcL UG <aurv9~ll Yett! ..C
Connect Charges
Low speed access(f)
Price per Connect Hour
line Speed (cps) Pri:;ie Time(a) Off-hour(b)
1001 15 . . . . . . . . . . . . . $10.00 . . . . . . . . $ 5.00
30 . . . . . . . . . . . . . . . . . 12.00 . . . . . . . . 6.00
1 20 . . . . . . . . . . . . . . . . 16.00 . . . . . . . . 8.00
Medium speed access(g)
Price per Cor.nect Hour
Une Speed (bps) Prime Time(a) Off-hour(b)
2000 . . . . . . . . . . . . . . . . . $18.00 . . . . . . . . $15.00
4 800 . . . . . . . . . . . . . . . . . 24.00 . . . . . . . . 21.00
7200 . . . . . . . . . . . . . . . . . 32.00 . . . . . . . . 29.CO
9600 . . . . . . . . . . . . . . . . . 40.00 . . . . . . . . 37.00
Storage Charges
Disk and tape storage charges Include weekends and holidays.
Online Storage . based on IBM 3336 disk (cylinder = 212,0110 hyles). Periodic He dumps for backup are
Included in the storage charge.
e
Incremental Cylinders per Account Prlce/Cylinder/Day
First 5 (1 through S) . . . . . . . . . . . . . . . . $1.30
Next 10 (6 through 15) . . . . . . . . . . . . . . . 1.05
Next 15 (16 through 30) . . . . . . . . . . . . . 0.85
Additional (ovet 30) . . . . . . . . . . . . . . . . 0.70
Temporary disk storage Is priced within computer processing charges.
Offline Storage • minimum charge of seven days. Dump and/or restore of offline disk pack is available on a
regularly s;heduled basis at 125.00 per request.
Customer Supplied BCS Supplied
Tape reel . . . . . . . . . . . . . $0.15 p.r day . . . . . $0.20 per day
3336 disk pack . . . . . . . . . . . 1.00 per day . . . . . 2.00 per day
ff, Low-speed access via BCSNFT service cities. Customer must provide communications to Ilm nearest 8( SNET
service city or may access MAINSTREAM-CTS via Dial Network Accesss service at a SS W premium per connect
hour. Connect charge applies to remote terminals at either BCS or customer facilities.
(g) Available on special ; equesi. Customer must provide communications to BCS data center or the nearest
BCSNET city provfdiag the rcquested service. Connect charge applies to remote Iermfnals at either BCS or
customer faciiaies.
100-21 4177 PRICES EffICTIVEAPRILIa.Ia» 1D092
naraaraaraa*~
1TTACFih1EPJi B
ea.a rrw-N-G'K S DDN138~A
TO AGREEfi'Et1T
EXECUTIVE INFORMATION SERVICES (EIS)
Use of the EIS product on MAINSTREAM-CTS will be charged through Application Resource Units (ARU). The ARU
is a measure of resource utilizatit•n for application pTOgrams as defined in the standard SIAINSTREAM-CTS price list.
All services including CSU usage, ARU's, connect and storage will be billed at the standard k1AINSTREAMLTS rates.
Customer Training
No charge to customer to attend a regularly scheduled EIS Introduction class at a BCS facility. (To be supplied
as part of customer installation.) Computer time to be supplied by customer athis cost on his own account.
Advanced or customized training will be available as,required. Charges will be based on labor, machine and other
incurred costs.
EIS Consultation
EIS Consuilation and specialist/programmer support which are required by customers will be billed at the following
rates:
Skill Category Rate
Senior EIS Specialist . . . . . . . . . . . . ' . . . . . . . . . S60.00/hour
EISSyste.ns Spec;.i' -r . . . . . . . . . . . . . . . . . . . . . 50.001hour
EIS Specialist . . . . . . . . . . . . . . . . . . . . . . . 40.001hour
EIS Programmer . . . . . . . . . . . . . . . . . . . . . . . 35.00/hour
These rates gply to billi•ble custom and consulting efforts and are exclusive of travel and computer time. Rates
are applicable to standard BCS work day with a $5.00/hour overtime premium.
Manuals
User Manuals
1-5 copies per customer . . . . . . . . . . . . . . . . . . . . . No Marge
6 or more . . . . . . . . . . . . . . . . . . . . . . . . . . S5.001manual
Standard Application Manuals (Financial & Statistical Applications)
1-5 copies per customer . . . . . . . . . . . . . . . . . . . . . No Charge
6 or more . . . . . . . . . . . . . . . . . . . . . . . . . . 55.00/Manual
Special User Manuals (Report Writer. Data Base, Graphics and Language Reference Manuats)
1 copy per , zstomer . . . . . . . . . . . . . . . . . . . . . . No Charge
2 or mort . . . . . . . . . . . . . . . . . . . . . . . . . . 510.00/manual
Software Licenses
;o be announced In 4th quarter 1977
10092 PRICES EFFECTIVE APRIl29, 1977 IOD-4 4/77
6
r~
~
.
PE STATE OF TEXAS
SERVICES AGREEMENT '
COUNTY 017 DENTON X
This Agreement made this the 26th _ day of
1978, between Donald Glynn Erwin and the City of Denton, Texas, a
Municipal Corporation, hereinafter referred to as "City";
WITNESSETH
Whereas, Westgate Hospital and Medical Center has provided
ambulance service to the City of Denton and Denton County, and has
decided to cease providing such service on June 1, 1978; and
Whereas, the City of Denton desires to commence an ambulance
so-.-vice beginning June 1, 1978 in order to provide its citizens
and the citizens of Denton County with ambulance service; and
Whereas, the City is desirous o.~ maintaining the quality of
ambulance service and health care to the citizens of the City and
County during the transitional period and hire the Emergency Medical
Technicians (EMT) that were employed by Westgate; and
Whereas, Donald Glynn Erwin is a qualified EMT and paramedic
and the City is desirous of contracting with him for training firemen
in the area of emergency health care and to utilize his skill, ex-
perience and abilities in implementing the ambulance service with the
fire department.
Whereas, the City plans to place the ambulance service within
its fire department;
NOW, THEREFORE, the parties hereto do hereby agree as follows:
1. That Donald Glynn Erwin is a qualified Emergency Medical
Technician and Paramedic and the City agrees to contract with him
for a period of one (1) year commencing June 1, 1978 on a part time
basis at a salary of $5.99/hour. Erwin will work an average of 48
hours every two weeks.
2, That Donald Glynn Erwin will work under the supervision of
the Piro Chief, but Erwin will have the final supervisory authority
regarding care of injured or sick persons at the scene of an emergency
or while dispatched on an ambulance call.
3. Donald Glynn Erwin will not drive the ambulance unless
other drivers are unable or unavailable for driving the ambulance.
4. City agrees to provide Donald Glynn Erwin with liability
1 and malpractice insurance; and life insurance and workmen's comp-
ensation insurance equivalent to regular City Employees. In add-
ition, social security will not be deducted from Erwin's check
although withholding will be.
5. Either party to this contract may terminate this contract
with two (2) weeks notice to the other party. If City terminates
the contract, it must be for just cause.
6. City agrees to indemnify and hold harmless Donald Glynn
Erwin from all claims, demands, or loss damage arising out of the
j operation of the ambulance service, but will not indemnify Donald
Glynn Erwin for any willful, intentior.al or malicious acts on his
part.
i
7. It is expressly understood by the parties that the City is
independently contracting with Donald Glynn Erwin for these services,
and that Donald Glynn Erwin to is in no ways to be considered an
j employee of the City of Denton.
Executed this ;R6 day of May, A.D. 1978.
C1 Y--0F DE N, TEXAS
BY~ t
CHRIS
U1 Y
ATTEST O
19~A
S OL , CITY SECRETARY
k
00vOC21
~ ~t y-4
DONALD G
-2-
i
p
t~
, , ~ 802 i~c.~ 808
1 HE STATE OF ZE"S V~
COUNTY OF DENTON KNOW ALL MEN BY THESi PRESENTS:
THAT JACK BELL DEED RECORDS 1.1480
of Denton County, Texas , In conalderstion of the sum of
and other good and valuablo consideration
1I in hand pald by City of Denton, Texas receipt of which Is hereby acknowledged, do by
these presents grant, bargain, sell and convey unto to City of Denton, Texas , the free
and uninterrupted use, liberty auu privilege of the passage in, along, upon and across the following
described property,
i
owned by him . Situated in Denton County, Texas, in the
E. Puchalski Survey, Abstract No. 996
All that certain lot, tract or parcel of land lying and being situated in
the City/County of Denton, State of Texas, and being part of the E.
Puchalski Survey, Abstract no. 996, and being part of lot no. 14-A, Block 5
of the Owsley Park Addition, an addition to the City/County of Denton, as
shown by a repla.t of the Owsley Park Addition as recorded in Vol. 15, Page
30 of the plat records of Denton County, Texas, and also being part of a
tract of land as conveyed from Verna Mae Miller Gentry and Husband Hugh 0.
Gentry to Jack Bell by Deed gated November 22, 1977 and recorded in Volume
864, Page 332 of the Deed Records of Denton County, Texas, and more part-
icularly described as follows: BEGINNING at the southeast corner of said
tract; same being a point in the north right-of-way line of Charlotte Stree
THENCE north along the east boundary line of said tract a distance of 130
feet to a point for a corner; THENCE crest, a distance of 55.0 feet to a
point for a corner; THENCE south, a distance of 16.0 feet to a point for a
corner; THENCE east, a distance of 39.0 feet to a point for a corner;
THENCE south, 16.0 feet west of and parallel to the east boundary line of
said tract, a distance of 114.0 feet to a point for a corner in the south
boundary line of said tract, same being the north right-of-way line of
Charlotte Street; THENCE east, along the south boundary line of said tract
la distance of 16.0 feet to place of beginning and containing 2,704 square
feet of land riore or less.
And it is furthar aireed that the said City of Denton, Texas
In consideration of the bent tits above set out, will remove from the property above describ %d, such fences,
buildings and other obstructions as may now be found upon said property.
For the purpose of constructing, installing, repairing and perpetually
maintaining public utilities
in, along, upon and
across said premises, with the right and privilege at all times of tho grantee heroin, his or Its agents,
employees, workmen and representatives having Ingress, egress, and regress In, along upon and across
said premises for the purpose of making additions to, improvements on and repairs to the said
any part thereof.
TO IiAVE AND TO HOLD unto the said City of Dc-nton, Texas as aforesaid ior
the purposes afonAaid the premises above described.
Witness his hand , this the "6ui day of A. D. 19 78 .
K BELL
i
SINGLE ACKNOWLEDGMENT
THE STATE OF TEXAS, , r BEFORE ME, the, underrigned authority,
COUNTY OF Denton
in and for said County, Texas, on this day personally appeared _ __!Jack-- Bel l
- -
_ _
known to me to be the person whose name . S. subscribed to the foregoing instrument, and acknowledged to me
that he executed the same for the purposes and consideration therein expressed. u
GIVEN UNDER nIY HAND AND SEAL OF OFFICE, This _ _..___M- . day of....._..T^s A.D. 19: i
(L.S.) `t..... IS'1 z,p'., f r
Notary Public, I ILtOD zou-nty, Texas
My Commission Expires June 1, 19.....
SINGLE ACKNOWLEDGMENT
THE STATE OF TEXAS, ~ BEFORE ME, the undersigned authority,
COUNTY OF
In anJ for said County, Texas, on this day personally appeared...
-
!(nown to me to be the person _.._-whose name. subscribed to the foregoing instrument, and acknowledged to me
that he.._ executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This.. ...__.__day ot.... A.D. 19.
(LS,)
Notary Public, County, Texas
Alv rommiseion Expires June 1, 10
CORPORATION ACKNOWLEDGM'uNT
THE STATE OF TEXAS, 1tEFORE ME, the undersigned authority,
COUNTY OF
in and for said County, Texas, on this day personally appeared
known to me to be the porscm and ofricer
whose nan a is subscribed to the foregoing Instrumnn. n^dI acknowledged to n'x that the same was the act of the said
a corporation, and that he excc:vtcd tm, Rime as the not of such corporation for the purposes and consideration thercln
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
My Commission Expires June 1, 19_......
CLERK'S CERTIFICATE
THE STATE OF TEXAS, County
COUNTY OF. _ . r, _
Clerk of the County Court of said County, do hereby certify that the foregolrg instrun. 4 of writing dated on the
day of A. D. 19 with its Ceitifleate of Authentication, was filed for
record in my olrce on the _ day of. , A. D. 19 at o'clock M., and duly
recorded this day of A. D. 19__._. , at _ o'clock M., in the
Records of sold County, in Volume. on pages
WITNESS MY HAND AND t EEL OF THE COUNTY COURT of said County, at of ee In..,_.,..
vi.. , the day and year Ins' above written.
uci1oA yN Ake _
CAI 6leno9 'Ir-tto •ss as County Clerk County, Texas.
vj By. Deputy.
a Al .1}ino ualua0
0 02 uov i ~ auirha.ll W P#
I
•.mc 141 l0 '3 d P' A U 0
77 w „au aGu',r}s a411 Pud 10 ~
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'al eP ,c I,'awni .vl 5 i }sVf t g
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n sly 1 !0 7 >WW ` 1
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03
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~X .9' S 2 Ph~E
r
M E M. 0
T0: Brooks Holt, City Secretary
FROM: R. E. Nelson, Director of Utilities
DATE: May 23, 1978
SUBJECT: Water Sewer Management and Rate Study Contract
Attached is Denton's official copy of the contract with
i Touche Ross 6 Company for the Water and Sewer Management
1 and Rate Study. This is for your records.
THE STATE OF TEX::S i
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON I
This CONTRACT and AGREEMENT made and entered into on this
the day of ! , A.D. 1978, by an between '
the City of Denton, Texas, acting herein by and through its
Mayor, thereunto duly authorized by Resolution of the Governing
Body of said City, hereinafter called CITY, and the County of
Denton, Texas, acting herein by and through its County Judge,
thereunto duly authorized by Resolution of the Commissioners
Court of Denton County, Texas, hereinafter called COUNTY.
WITNESSETH:
City hereby agrees to permit the Fire Department, including
volunteers and regulars of the City of Denton and independent
contractors, using ambulance belonging to City, to answer emergency
ambulance calls, outside the corporate limits of City and within
the area of Denton County, Texas, shown on the County Map attached
hereto as Exhibit "A".
That pursuant to Article 4434 of Vernon's Texas Civil Statutes,
County agrees that the acts of any person or persons chile respond-
ing to an emergency ambulance call, traveling to or from said calls
or in any manner furnishing emergency ambulance service to the citizens
of Denton County, Texas, outside the City limits of the City, shall
be considered as the acts of agents of County in all respects, not-
withstanding such person or persons may be regular employees, fire-
men, or independent contractors of the City, and any liability re-
lating to the furnishing of services is the responsibility of the
County. However, City agrees to carry liability and malpractice
insurance on the vehicles and personnel and will have the County
listed as an "insured" on the policies.
That the County agrees to pay to the City a re4sonable sum
for the services rendered pursuant to this contract.
It is expressly understood and agreed :hat, in the execution
of this coacract and agreement, neither City nor County waives,
nor shall be deemed hereby to waive, any immunity or defense that
1 '
I I I .
would otherwise be available to it against claims arising in the
exercise of governments) powers and functions.
This contract and agreement shall continue and be in full
force and effect until such time as either party hereto, by
notice to the other, may terminate the same, such termination
to be effective not less than thirty (30) days after the giving
of such notice.
EXECUTED at Denton, Texas, on the day and year first above
written.
CITY OF DENTON, TEXAS
BY:
`
MAYOR
ATTEST:
,ZRIDOKS HOLTp CITY SECRETARY-
APPROVED AS TO LEGAL FORM:
PAUL C. ISRAM, CITY AT M--
COUNTY DENTON, TF S
BY:
JUDGE
ATTEST: Q
MRVPIILL, COUNTY CLERK
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ato~ers ~uret~ Izo•rporation
May 31, 1978
r City of Denton
City Secretary
City Hall
L Denton, Texas J
NOTICE OF CANCELLATION
l:e: Effective:_ 30 days fron_ date _
Bond No. LPB 241257
Principal Houk Air Cosiditioninq, Inc.
HeatirQ- Air _Conditioninq
Gentleman:
We have been requested to termincte oir liability under the above referred
bond. This is your notice that this bond is cancelled on the above
effective date,
Please acknowledge receipt of this notice of cancellation.
Yours truly. M.J Parramoore(MrQqjv~*"C~~
s.)
Assistant Underwriter
cc:Houk Air Condit{oning, Inc.
128 fairvi.ew
Arlington, Texas 76010
Cleaver Insurance Agency
P. O. Box 1034
Arlington, Texas 76010
1820 REGAL ROW. DALLAS, TEXAS 75235 214.6341900
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Paxton & Harder ACeni,y
INSURANCE REAL ESTATE
Box 8,46 7,17 College Ace, Phone 894 6194 you
Lu-n ~6{Mi
Leielland, Texas 79336
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Irlp~r ~ CI
May 25, 1978 J8
Cl TY 0,-
MANAGER 3
'
City of Denton
Denton, Texa 76201
Re: Photugrapher', Bond
ShLlgart Studio-,, Inc.
Gentlemen:
Enclr,sed i3 continuation certificate for the above bond
to extend coverage from June 17, 1978 to June 17, 1979.
Sincerely,
PAXTON & HARDER AGENCY
a 0W , Hrd rsr
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Encl.
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- ,-~-_S~T'tr-~aisr6eea-wttx e:id Tor~aa~31ff' _ Bznsru~w~~rc,
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THE STATE OF TEXAS, KNOW ALL 31EN BY THESE PRESENTS:
COUNTY OF DENTON p ED RECORDS ii
That THE CITY OF DEN.ON, TEXAS, A MUNICIPAL CORPORATION
o'i the County of Denton *nd State of Texas for and in consideration of ! II
the sum of One Dollar and other 'I
($1.00) good and valuable consideration i
ssl ----------------------------------------------------------------DOLLARS,
to it in lia.nd paid by Southridge Associates 13803
i
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
~I QUIT CLAIA1 unto the said Southridge Associates
1
their heirs and assigns, all its right title and interest in and to that certain tract or par-
I'~ II
eel of land lying in the County of Denton and State of Texas, described as follows, {
to-wit :
IAll that certain lot, tract or parcel of land lying and being situated in ii
the City and County of Denton, State of Texas, and being part of the .T.
McGowan Survey, Abstract No. 797, and being part of Block 2, of the South- E
ridge Addition, an addition to the City/County of Denton as recorded in
Volume 3, Page 51 of the plat records of Denton County, Texas, and more
~~particularly described as follows:
min a 16 foot easement, the centerline of which begins at a point in the
!northwest right-of-way line of Stonegate Drive, a distance of 164 feet
northeast of the intersection of the northwest right-of-way line of Stone-
gate Drive and the northeast right-of-way line of Hollyhill Lane;
jTHENCE northwest a distance of 285 feet, more or lese to its intersection
hwith another 16 foot easement, and containing 4560.0 square feet of land,
kmore or less.
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TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privi-
leges and appurtenances thereto in any manner belonging unto the said Southridge Associates
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heirs and assigns, forever, so that neither the said
i City of Denton, Texas, its successors
dty 4*rr¢, nor any person or persons 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.
WITNESS my hand at Denton, Texas this j
22nd day of May A. D. 19 78
~ I
Witnesses at $Kuest of Grantor: CITY OF-I) NTON,_._TEXAS
ATTEST - BY_
iG/j JOE MITCHELL, MAYOR
WR S~ ~KpuY SECRATARY
fOOY! i~li~ Cf
SINGLE ACKNOWLEDGMENT
THE STATE OF TEXAS,
COUNTY OF Denton ( BEFORE ME, the undersigned authority,
it and for said Coety, Texas, on this duy pcra~ naly s,ipcarcd Southri,dge Associates
J
known to me to be the person ~%hoee nar.r 15 s~bacrib<•d to the foregoing instrument, and acknowledged to me that
he executed the same for the kurp i rs ami con Ideration the rein expnesqwd.
GIVEN UNDER MY HAND AND "F.AI, OF OFF'WK, This o~ a f A.D. 19 78
s
N,aury Public, Denton County, Texas
My Cnnimiseion Expires June 1, 19__..._.
JOINT ACKNOWLEDGMENT
THE STATE OF TEXAS, 1 BEFORE ME, the undersigned authority,
COUNTY OF If
in and for said County, Texas, on this day personally appeared
his wife, both known to me to he the per nua ~%hn,r r ,nics ar, ~idscri`,cd to the foregoing instrument, and acknowledged to
me that they each executed the same for tK, purpo=c; and cnnsidoruti ~n therein expressed, and the said
, wife of the said having been
examined by me privily and apart from her husband, and hacirrd the same fully explainrd to her, she, the said
arknowledved such instrument to be ~ et act and deed and
she declared that she had willingly signori the sar ; for the purp~)ses and consideration therein expressed, and that she did
not wish to retract it.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, TH4 day of A.D. 19
f L.S.1
Mohry I'uMie, County, Texas
My C<,mmisslon Expires June 1, 19__. „
WIFE'S SEPARATE ACKNOWLEDGMENT
THE STATE OF TEXAS, I BEFORE ME, the undersigned authority,
COUNTY OF
in and for said County, Texas, on this day personally :ppcur~d
I or
known to nic to be the person wlhOW n:~rae is suhscribrd to the f,nr>;nin4 instrument, aml ha°ing been examined by me privily
and apart from her husband, and having the same fully rxplaino,i to her, sho, the s.,id
rrknocclc,larrl such instrument to be her act and del, and
she declared that she had willingly signed the sarne fr,,r the pnrpn.cs and (,,"iderntinn therein expressed, and that slip did
not wish to retract it.
GIVEN UNDER MY HAND AND SEAL. OF OF'F'ICE.This day of A.D. 19
(L.S.)
Notary Public, County, Texas
My Commission Expires June 1, 19.....__...
CLERK'S CERTIFICATE
THE STATE OF TEAS, L, County
COUNTY OF
Clerk of the County Court of said County, do hereby certify that the fo egrring instrmnent of writing dated on the
day of A. D, iJ with ,ts -,rtificate of AutheWGireLlcn was filed for
record in my o(rice on the day of A. It. V) at o'clock M., and duly
recorded this day of A. LI. 19 at o'clock M., in the
wal.ia4noo 4olu24')$313 liNf 9t cord, of slid County, In Volurne o•i pages
WITNESS MY HAND AND SEAT. ON T'HE COL'' r a e URT of d County, at cM,re in
:ula.-t nhrr.n I. rittr i,.
8 i, z 1~dVd Cou rty Clerk County, Texas.
(L. S.) vw 10 uoaie4 parrs' "10) uo}.,aa?Yl Deputy.
SpITAI pawtu 915 13 08e1 PuI owrloa o4i ul p>flaa 00
E -U qnP SW P02 gw R 0 oal~4, trtwe)s aw•,l Put glop
a nzlsuj 9~4 1,41 gjt123 /ggzoy T
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A 96-W ARRAN TY 'lSLr-W lta Gmaal and fapomtion Admowted`mmts Ir ARILN Sutionerr Co., M11"
`
" TiiE STATE OF TEXAS, VOL 007 PAU170
~ Know All Men By These Presents:
County ot........ .U.EN.TQN._
DEED RECORDS
That RAYMOND OLIN SOLOMON AND WIFE, OLIVIA E. SOLOMON
i
23841
of the County of Denton , State of Texas for and in consideration of
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the sumot
DOLLARS
---------Eight Thousand Five Hundred & No/100 ($8,500,00)------
.
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to them in hand paid by the City of Denton, Texas, a Municipal
Corporation
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have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto the said
City of Denton, Texas, a Municipal Corporation
of the County of Denton , State of Texas all that certain
I
lot,tract or parcel of land tying and being situated in the City and
County of Denton, State of Texas, in the J. Carter Survey, Abstract
No, 268, and also being part of a tract of land as conveyed from Eddie
B. Everett and wife, Judy R. Everett to Raymond Olin Solomon and wife,
Olivia E. Solomon by deed dated July 13, 1976, and recorded in Volume 794
Page 619 of the Deed RecoNds of Denton County, Texas, and more particular
descrined,as follows:
BEGINNING at the intersection of the centerline of Stuart Road with the
west ;right of way line of State Highway No. 10 (Sherman Drive), said
point also being the south corner of said Solomon Tracts
THENCE north 00 42' 30" east along the west boundary line of said Solomon
tract, same being the centerline of Stuart Road a distance of 288.6 feet
(by Deed 286 feet) to a point for a corner, same being the northwest
corner of said Solomon tracts
THENCE south 890 33' 43" east along the north boundary litre of said tract
a distance of 22 feet to a point for a corners
THENCE south 00 421 30" west a distance of 64.48 feet to the beginning
of a curve to the left whose center lies south 890 17' 30" east a distanc
of 73.215 feetr
THENCE southeasterly with the arc of a curve to the left whose central
angle equals 620 051 30" and whose radius equals 73.215 feet a distance
of 19.34 feet to the beginning of a curve to the left whose center lies
north 280 371 east a distance of 15 festf
i
THENCE northeasterly with the arc of a curve to the left whose central
angle equals 901 and whose radius equals 15 feet, a distance of 23.56 f~ t
j to a point;
I
THENCE north 280 37' east a distance of 154.79 feet to a point for a
corner in the north boundary line of said Solomon tract;
! THENCE south 890 33' 42" east along the north boundary line of said
tract a distance of 6.59 feet to a point for a corner, same being the
3 northeast corner of said Solomon tract;
THENCE south 28° 37' west along the east boundary line of said Solomon
tract being the west right of way line of State Highway No. 10 (Sherman
yl; Drive) a distance of 327.4 feet (by Deed 325.87 feet) to the place of
beginning and containing 9530.31 square feet of land, more or less, of }
which 6446.88 square feet lies in the exist_ng Stuart Road.
IT IS AGREED AND UNDERSTOOD that Seller will assume all costs of re-
locating the existing redwood fence along Sherman Drive.
R
TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights and
appurtenances thereto in anywise belonging unto the acid City of Denton, Texas, a Municipal
Corporation, its successors
k'*p and assigns forever; and we do hereby bind ourselves, our
i
heirs, executors and administrators, to Warrant and Forever Defend all and singular the said premises unto the j
said City of Denton? Texas, a municipal corporation, its successors
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XMMs and assigns, against every person whoms.xver lawfully claiming, or to claim the same, or any part
thereof.
Witness our hand at Denton, Texas this day of
/}77 Qc , A.D. 19 7LT
Witnerses at Request of Grantor:
c ND ,7IJ_ OL7L..~ . ! s.3-
.4J.... .
OLIVIA E, SOLOMON31 90
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ACKNOWLEDGMENT AOL 907 m!172
I
THE STATE OF TEXAS, BEFORE ME, the undersigned authority, j
COUNTY OF......... DEN.TON...................
i
In and for said County, Terns, on this day personally appeared..... YMI)NID OLIN.,S'Ji.OMO.. NJa__,;'~~
_91tLYL1._.E_._..&4L4MON.......___.._............_......_............_......_._......_.._........_........._._.._......._
.
known to me to be the persons........ whose name-s....... are.•••subscribed to the foregoing Instrument, and acknowledged to me that
ut3 the same for the purposes and consideration therein expressed.
6TPT'1eI-1Jt1DER MY HAND AND SEAL OF OFFICE, Thit...l 7.
A.D. I9__
s) of.. Fon
Notary PuLlic,..... f._...._._ County, Tent
:sly Commission Expires L/J
II
f ACIiNOW LEDCDfENT
THE STA'T'E OF TEXAS, ~ BEFORE ME, the undersigned authority,
COUNTY OF..........
In and for said County, Texas, on this day personally appeared
'i
known to me to be the person whose name ........subscribed to the foregoing instrument, and acknowledged to me that
i _.be -.executed the same for the purposes and consideration therein expressed.
I
GIVEN UNDER MY HAND AND SEAL C-1 OFFICE, This-_..__...... --day of........................... _ A.D. I9........
I I
U.S.) _
I
Notary Publice._.__...... _...._County, Tex:
My Commission Expires June......... , 19.__
CORPORATION AC"OWLEDGl4"r
THE STATE OF TEXAS,
BEFORE ME, the undersigned authority,
COUNTY OF... _ _ _ _ _
_
in and for Bald County, Texas, on this day personally appeared
known to me to be the person and officer
whose name Is e:rbsmbed to the foregoing ,rutrument and acknowledged to me that the same was the act of the said j
a corporation, and that he executed the same as the act of such corporation for the purposes and consideration tb-•-ter expressed, and In
the capacity therein stated.
i
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of A.D, 19._...._,
(L.S.) _
I ~
I otary Public County, Texas
My Commission Expiress June 19..._..._..
THE STATE OF TEXAS, I,.._.._._...... i
COVNFY OF.......... _..w................
County Ckrk of the County Court of said County, do hereby certify that the foregoing Instrument of wilting dated on the..._..._......
---.-&y ol.... . _ A.D. l9.__., with Its Certificate of Authentication, was filed for record In my oMa
on 0L___._.._._-day of....... A.D. 19........ at....... .....-o'clock------._...M, and was duly reccrded this.... -
day o1.. A.D. 19 at......... ._........o'clock__._...... _...M., In the Records of said County, in Vol• j
ume_~_.._._.~_._.._..»..._..., on Pages
WITNESS my band and seal of the County Court of scald County, at my office in
..._....._............._............................._..,_.........,....the day and year last stove written.
rle:k County Court_-_ County, Texas
(L. S.) By _ Deputy.
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Cploxl D:wr'u aVl h a'' d P'i'- aw-~oa ay} ul paPro)
u dlnp Iq ~',-r y C .c1: ern} pu eYep
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Nblb3a !U ~1NOp3 S1%31 i3 31V1S
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v - THE STATE OF TEXAS w
j KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON
This Contract and Agreement made and entered into
on the- 1f"4 day of A.D., 1978, by and
between the City of Denton,)Texas acting by and through its
i
duly authorized City Manager, hereinafter referred to as the I
"City" and the North Texas Commission acting by and through
its duly authorized President, hereinafter referred to as the
"Commission",
W I T N E S S E T H
WHEREAS, the Commission is an independent, non-
profit corporation established under the laws of the State of
Texas for the purpose of developing and implementing a com-
prehensive marketing progr",m for the North Texas Region which
Region includes Denton County and the City of Denton, Texas;
and
i
'.,iEREAS, the success or failure of the Commission's
purposes and objectives has a direct impact upon the health,
morals, comfort, safety, peace, good government and welfare
s
of its citizens;
NOW THEREFORE,
In consideration of the mutual covenants and agree-
ments hereinafter set forth, the parties do hereby covenant
li and agree as follows:
ARTICLE 1
I
The Commission shall commence the services contem-
plated to be furnished and performed hereunder on the rEf
day of~ , 1978.
ARTICLE 2
The term of this contract and agreement shall be
for a period of three (3) years from the _11644k day of
, 197.
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ARTICLE 3
City agrees to pay to the Commission as compen-
sation for services rendered hereunder the sum of F,~ WkG
•
S,QD per annum, payable as follows:
ANN Ori &NA, lAWAJ t (4 4&t. V q
ARTICLE 4
The Commission covenants and agrees to:
a) Provide statistics, studies, charts, graphs and
other materials reflecting present or potential
economic development of the Region.
b) Make available to the citizens and residents of
the City such materials, including economic research,
as it has and may develop, gather or produge for
enhancing the economic heath and well-being of the
North Texas Region.
c) Furnish regular reports through its published
periodicals and newsletters to the City's Council
with the understanding that such reports will also
be furnished the local news media for dissemination
to the general public.
d) Continue its current successful programs and imple-
I ment such new and innovative programs as will further
i
its corporate objectives and common City's interests
C~ aid activities.
j ARTICLE 5
It is covenanted and agreed that the Mayor of the
Ii City snail be an ex-officio member of the Board of Directors
of the Commission. I-' the Mayor is unable to serve, his
position on the Board 011 be filled by an appropriate designee.
~ a
ARTICLE 6
The Commission agrees to assume and does hereby
assume all rc;sponsibility and liability for damages sustained
by persons or property, whether real or asserted, by or from
the carrying on of work or in the performance of services per-
formed and to be performed hereunder. The Commission covenan*s
i1
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y and agrees to, and does hereby indemnify and save harmless
the City and all of its officers, agents, and employees from
all suits, actions or claims of any character brought for or
on account of any injuries or damages, whether real or asserted,
sustained by any person or property by or in consequence of
i any neglect, omission, act or conduct of Commission, its
i agents, servants or employees.
ARTICLE 7
Notwithstanding the provisions of Paragraph 2 above,
i
it is agreed this contract may be cancelled and terminated by
either party upon giving thirty (30) days written notice so
to cancel or terminate to the other party hereto. The terminal
30 days shall commence upon receipt of such notice by the
addressee and shall conclude at midnight on the 30th day
thereafter. In the event this contract terminates under the
provisions of this paragraph either unilaterally or by agree-
ment of the parties, if not otherwise stipulated, it is agreed
only the pro-rata portion of the terminal monthly installment
for service shall be paid on the lst of such terminal month.
Upon payment or tender of such amount, all of the City's
obligations hereunder shall be discharged and terminated and
no action shall lie or accrue for additional benefit, conside-
ration or value for or based upon the services performed under
or pursuant to this agreement.
ARTICLE 8
Commission shall pay all taxes, royalties, and
expenses incurred in connection with services under this
agreement, except as provided in Article 3 herein.
ARTICLE 9
Commission shall observe and abide by all applicab'.e
federal laws, state statutes and the Charter and Ordinances
of the City of Denton, and all rules and regulations of any
lawful regulatory body acting thereunder in connection with
II the services performed hereunder.
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ARTICLE 10 !
No member of or delegate to the Congress of the
United States shall be admitted to any share or part of this
contract oc to any benefit arising therefrom.
ARTICLE 11
No member, officer or employee of the City of of
any local public body, during his tenure or one (1) year
thereafter, shall have an/ interest, direct or indirect, in
this contract or the proceeds thereof. This prohibition is
not intended and should not Se construed to preclude payment
i
of expenses legitimately incurred by city officials in the
conduct of Commission busiress.
ARTICLE 12
Venue of any action brought on or under this agree--
,
ment shall lie exclusively in Denton County, Texas.
IN WITNESS WHEREOF, the parties hereto have caused
this agreement to be signed by their proper corporate officers
as first above specified, and have caused their proper corporate
i
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!i seal to be hereto affixed the day and year first above written.
CITY
BY:
City Manager
ATTEST:
Cbb
ity ecre,iary
li
APPROVED AS TO FORM AND LEGALITY.
1/ ity , ttorney
NOR TEXAS COMM SSION
BY:
`i P e i ent
ATTEST :
~~e c re t a r t'
APPROVED AS TO FORM AND LEGALITY:
by I
o nom- orne, enera ounse
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AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF
DENTON, TEXAS PROVIDING A NEW FUEL AD,iUSTMENT CLA(TSE FOR
ELECTRIC UTILITY SERVICE; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION I.
The Code of Ordinances of the City of Denton, Texas is
hereby amended and supplanted by substituting a new subsection
(a) (6) Fuel Adjustment of Article 17.09 in Chapter 17 of said
Code of Ordinances which shall hereafter read as follows:
ARTICLE 17.09 - ELECTRIC RATES
(a) Residential Service Rate
Schedule A-1
(6) Fuel Adjustment:
All charges of the net monthly rate will Le in-
creased or decreased 0.01095 cents per KWH for
each whole 0.01 cents per KWH by which the aver-
age cost of fuel used in the utility's electric
generating plants* plus the cost of purchased
energy during the calendar month next preceding
the billing month is above or below 1.00 cent
per KWH. Such average cost is determined based
on the sum of net KWH generated in the utility's
plants* and the KWH purchased during each said
month. The cost of purchased energy does not
include demand charges for purchased power or
rental charges for facilities.
*The determination of cost of fuel and net KWH.
generation will exclude the coE+t of specific
fuel purchased for and the related KWH generation
supplied for off-system contractual sales.
SECTION II.
That this ordinance shhll become effective the day
of yi 1978, and the City Secratary is hereby
directed to cause the caption of this ordinance to be published
twice in the Denton Record-Chronicle, them official newspaper of
the City of Denton, Texas, within ten (10) days of the date of its
passage. .e
PASSED AND APPROVED This the -c!23 AV
- day of A~.,_Ivv • ,
1978.
JO MIT"HELL, M YOR /
TY OF DENTON, TEXAS
f'I I
ATTEST;,
-ROOKS HC,LT, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
PAUL C. ISHAM, CITY ATTORNEY
CITY OF DENTON, TEXAS
-2-
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C 1 ~ Y
IS/r u
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CERTIFICATE FOR
RESOLUTION AUTHORIZING PUBLICATION OF NOTICE
OF INTENTION TO ISSUE CERTIFICATES OF OBLIGA-
TION OF THE CITY OF' nENTON, TEXAS
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 W7 THE 23RD DAY OF MAY, 1978,
at the Municipal Building (City Hall), and the roll was call-
ed of the d:ly constituted officers and members of said City
Council, ti-wit:
Brooks Holt, City Secretary Joe Mitchell, Mayor
Bill Nash Mary Claude Gay
Elinor Hughes Dick Stewart
and all of said person were present, except the following
absentees; wo o lr ,
thus constituting a quorum. Whereupon, among other business,
the following was transacted at said Meeting: a written
RESOLUTION AUTHORIZING PUBLICATION OF NOTICE
OF INTENTION; TO ISSUE CERTIFICATES OF OBLIGA-
TION OF THE CITY OF DENTON, TEXAS
was duly introduced for the consideration of said City Council
ana read in full. It was then duly moved and seconded that
said Resolution be adopted; and, after due discussion, said mo-
tion, carrying with it the adoption of said Resolution, pre-
vailed az,d carried by the following vote
AYES: All members of said City Council Js5
shown present above voted "Aye"
NOES A Nermr~.51) ` N W,4 k
2. That a true, full, and correct copy of the aforesaid
Resolutior, adopted at the Meeting described in the above and
foregoing paragraph is attached to and follows this Certificate;
that said Resolution has been duly recorded in said City Coun-
cil'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 adoption
of said Resolition; that the persons named in the above and
foregoing paragraph are the duly chosen, qualified, and acting
officers and m•mber5 of said City Council as indicated therein;
that each of tie officers and members of said City Council was
duly and sufficiently notified officially and personally, in
advance, of the time, place, and purpose of the aforesaid Meet-
ing, and that said Resolution would be introduced and consider-
ed for adoption at said Meeting, and each of said officers and
members consented, in advance, to the holding of said Meeting
for such purpose; and that said Meeting was open to the public,
and public notice of the time, place, and purpose of said Meet-
ing was given, all as required by Vernon's Ann. Civ. St.
Article 6252-17.
3. That the Mayor of said City has approved, and hereby
approves, the aforesaid Resolution; that the Mayor and the
City Secretary of said City have duly signed said Resolution;
and that the Mayor and the City Secretary of said City hereby
declare that their signing of this Certificate shall consti-
tute the signing of the attached and following copy of said
Resolution for all purposes.
SIGN AND SEALED the 23rd day o? , 1978.
.
City Secretary Mayor
(SEAL)
RESOLUTION AUTHORIZING PUBLICATION OF NOTICE
OF INTENTION TO ISSUE CERTIFICATES OF OBLIGA-
TION OF THE CITY OF DENTON, TEXAS
THE STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON ,
WHEREAS, it is deemed necessary and Pdvisable that No-
tice of Intention to Issue Certificates cf Obligation ba
given as hereinafter provided.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DENTON:
Section 1. That attached hereto is a form of "NOTICE OF
INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF
DENTON, TEXAS", the form and substance of which are hereby
adopted and approved.
Section 2. That the City Secretary shall cause said
NOTICE, in substantially the form attached hereto,,to be pub-
lished once a week for two conse;utive weeks in a newspaper
of general circulation in the City, the date of the first
publication to be at least fourteen (14) days prior to the
date tentatively set for the passage of t a Ordinance author-
izing the issuance of such Certificates oz Obligation.
THE STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON
NOTICE OF INTENTION
TO ISSUE CER'T'IFICATES OF OBLIGATION
OF THE CITY OF DENTON, TEXAS
THE CITY OF DENTON, in Denton County, Texas, hereby
gives notice of intention to issue CITY OF DENTON CERTIFI-
CATES OF OBLIGATION in the maximum principal amount of
$500,000, fox the purpose of paying all or a portion of the
City's contractual obligations to be incurred pursuant to con-
tracts for public works projects for the City's Electric Light
and Power System, to-wit: the construction of an addition to
the Locust Street Substation, including a power transforr.c;r
and three circuit switchgears, the construction of new trans-
mission lines, and the construction of water treatment facili-
ties for steam boilers at the Spencer Power Plant, and paying
all or a portion of the contractual obligations for profession-
al services of engineering, architects, attorneys, and finan-
cial services of engineering, architects, attorneys, and fi-
nancial advisors in connection with such public works projects
and Certificates of Obligation. The City proposes to provide
for the payment of such Certificates of Obligation from the
surplus Net Revenues of the City's Electric Light and Power
System remaining after payment of all operatiin and maintenance
expenser, thereof, and all debt service (Retirement Fund), Re-
serve Fund, Contingencies Fund, Improvement Fund, and other re-
quirements, payments, and deposits required in connection with
the City's presently outstandir+g revenue bonds which are pay-
able f::om and secured by a first lien on and pledei of the Net
Revenues of the City's Electric Light and Power System. The
city council of the City teitatively proposes to authorize the
issuance of vuch Certificates of Ob:.ig&tion at 7:00 p.m. on
June 13, 1978, in the City Council room at the Municipal. Build-
ing, Denton, Texas.
CIT'1 OF DENTON, TEXAS
By 'rooks Holt
Ctty Secretary
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THE STATE OF TEXAS
ANISIAL QUARANTINE CONTRACT
COUNTY OF DENTON G
Contract made this the T day of May, 1978, by and between
the City of Denton. a Municipal Corporation organized and existing
under the Horne pule Amendment to the Constitutio:i t1 Texas (herein-
after referred to as City), and th. County of Denton organized
under the Constitution and laws of the State of Texas (herein-
after referred to as County).
WITNESSETH:
WHEREAS, there exists in the County a serious rabies epizootic
condJ.tion and the County is without adequate quarantine facilities
i
to handle this condition; and
WHEREAS, the City of Denton is able to offer to the County
certain animal quarantine services with facilities operated by the
City,
NOW, THEREFORE, the panties hereto hereby agree as :oll.ows:
1. City agrees to accept and quarantine from the County any
animal found within Denton County which is suspecto;l of having rabies
or having been exposed to rabies. Prior to the Cities acceptance of
such an animal the Sheriff of Denton County or a member of his super-
visory staff shall certify the condition of such animal in writing
to the City on such forms as may be promulgated by the City.
2. The City agrees to quarantine any such animal for a period
of time designated by the County.
3. The County agrees to pay to the City the sum of Eight ($8.0C)
Dollars per day for each animal quarantined under the provisions of
this Contract.
4. The City agrees to destroy any animal so quarantined at a
cost of Eight ($8.00) Dollars per animal. Destruction of an animal
shall take place only upon the prior written authorization of the
Sheriff of Denton County or a member of his supervisory staff on
forms promulgated by the City.
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I 5. Any animal quarantined under the provisions of this Con-
tract shall be delivered to the City at the City Animal Shelter.
6. No animal quarantined under the provisions of this Con-
tract shall be released to any person without prior written a+J.-
orization by the Sheriff of Denton County or a member of his super-
visory staff.
7. The City agrees in an emergency situation upon prior
written authorization from the Sheriff of Denton County or a mem-
ber of his supervisory staff to destroy any animal and forward the
head of same to the State Department of Health for examination at
a cost of Twenty-Five ($25.00) Dollars per animal. For purposes
of this clause an emergency situation shall exist only when a
veterinarian is unwilling or unable to ship the head to the State
Department of Health for examination. Such written authorization
shall be on forms promulgated by the City.
8. The County agrees to idemnify and hold harmless the City
from all claims, demands, loss, damage or expenses arising out of
the quarantine of any animal under the terms of this Contract.
0. The City and County agree that this Contract shall bo for
a term of six (6) months from date of execution with the further
agreement that such contri.ct may be extended for periods not to ex-
teed thirty' (30) days upon the mutual consent of the City and County.
EXECUTED this the 4 day of May, A. D. 1978.
CITY DENT
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C'iRIS UNG, CITY MAN R
ATTEST•
BROOKS HOLT, CITY SECRRTARY
OWN] Y ~7 Iti N"1'
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\TR";111 1,, C VNTY JUDGE
ATTEST: n
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No.
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
AMENDING CHAPTER 27 ENTITLED "CABLE TELEVISION PROVIDING A
SEVERABILITY CLAUSE AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION I.
The Code of Ordinances of the City of Denton, Texas is hereby
amended by amending Chapter 27,Articles I through X entitled "Cable
Television", and shall hereafter read as follows:
ARTICLE I
SECTION 27-1. FRANCHISE GRANTED AND LIMITATIONS
The franchise to be granted by the City of Denton pursuant to
this ordinance shall grant to the grantee, the right, privilege
and franchise to erect, construct, operate and maintain in, upon,
along, across, above, over and under tho streets, alleys, public
vla.ys and public places now laid out or dedicated and all such
extensions thereto and additions thereto in the City; and poles,
wires, cables underground, conduits, manholes, and other television
condiietors and fixtures necessary for the maintenance and operation
of a CATV system for the interception, sale, transmission and dis-
tribution of television programs and other audio-visual electrical
signals a,id the right to transmit the same to the inhabitants of
the City on the termv and conditions hereinafter set forth. The
sit, of Denton expressly reserves the right to grant a similar use
of said streets, alleys, public ways and places to any person at
any time during the period of this franchise. It is further the
intention of this ordinance to limit the activity of a grantee
hereunder solely to the operation of cable television system: with-
in the City of Denton.
SECTION 27-2. DURATION OF FRANCHISE GRANT
The term of the franchise to be granted by the City of Denton
pursuant to this ordinance shall be for a period of ten (10) years
from and after the grant and acceptance date of the franchise to
be awarded, subJeet to the conditions and restr.etions as herein-
after provided, and further provided that the Mayor and City
Council shall have the right to review such franchise periodically
at such time as the Mayor and City Council may from time to time
elect to do so and as hereinafter provided.
SLCTIO14 27-3. FRANCHISE RIGHTS SUBJECT TO POLICE POWERS
In accepting this franchise, the grantee acknowledges that
its rights hereunder are subject to the police power of the City
to adopt and enforce general ordinances necessary to the safety
and welfare of the public; and it agrees to comply with all appli-
cable ge,leral laws and ordinances enacted by the City pursuant to
such power,
ARTICLE II
This ordinance shall be known and may be cited as the "Denton ,
Cable Television Ordinance" and it shall become a part of the Code
of Ordinances of the City of Denton, Texas, with the following
definitions applicable thereto.
DEFINITIONS
SECTION 27-4, AGENCY
Agency means the person, department, or agency designated by
the City Council to act in matters related to CAM
SECTION 27•-5. CABLECASTING, ORIGINATION AND ACCESS
Cablecasting means programming (exclusive of broadcast signals)
carried on a cable television system.
1. Origination Cablecasting. Programming (exclusive of broad-
cast signals) carried on et cable television system over one or more
channels, and subject to the exclusive control of the cable operator.
2. Access Cablecasting. Services provided by a cable tele-
vision system on its public:, education, local government, or leased
channelr.
(a) Public Access Channel
A specially designated non-commercial public access
channel available on a first-come non-discriminatory
basis for which the system shall maintain and have
available for public use at least the minimal equip-
ment and facilities necessary for the production of
programming for such a channel.
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(b) Education Access Channel
A specially designated channel for use by local
educational authorities,
(c) Local Government Access Channel
A specially designated channel for local govern-
ment uses.
(d) Leased Access Channel
Portions of the system's nonbroadcast bandwidth
includin. unused portions of the specially desig-
nated channels for leased access services.
SECTION 27-6. CATV
Community antenna television system or cable television sys-
tem or CATV system means any facility, the primary function of
which is either to receive and amplify the broadcast signals of
ene or more television and radio stations or to provide signals
for additional closed circuit programming, and to redistribute
such signals to members of the public who subscribe thereto or
to whom redistribution of such signals is required by the ordinance,
by means of wires, cables, conduits; or any other devices which are
above, below, on, in, or along highways or other public places.
SECTION 27-7. CERTIFICATE HOLDER
Certificate holder means the person or company awarded a Cer-
tificate of Public Convenience and Necessf,ty for the operation of •
a CATV system in the City of Denton, the certificate to be awarded
in accordance with the provisions of applicable law, including this
ordinance.
SECTION 27-8, CONVERTER
Converter means an electronic device, which converts signals
to a frequency not susceptible to interference within the television
receiver of a subscriber, and by an appropriate channel selector
also permits a subscrioer to view all signals delivered at desig-
nated dial locations.
SECTION 27-9. DISTRICT
District means the area within which the cable operator will
provide oervice.
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SECTION 107-10. GROSS RECEIPTS, REVENUES, GROSS ANNUAL
RECEIPTS
As compensation for the franchise granted herein and in con-
sideration of permission to use the streets and public ways of the
City and the Service Area for the construction, operation, mainten-
ance, an,; reconstruction of a cable communications system within
the City and Service Area, the grantee shall pay to grantor an
annual amount equal to three (3%) percent; of the grantee's gross
annual revenues from all sources attributable to the operations of
the grantee within the City and tlLe Service Area. All funds re-
ceived pursuant to this subsectior shall be deposited into the
General Fund of the grantor.
SECTION 27-11. PROGRAMMER
Programmer means any person, firm, corporation, or ent_cy who
or which produces or otherwise provides program material for trans-
mission by video, audio, digital, or other signals, either live or
from recorded tapes, to subscribers, by means of the cable communi-
cations syste'n.
SECTION 27-12. SCHOOL
School means any institution of the Denton Independent School
District, any non-profit day care center, and any other non-profit
educational institution.
SECTION 27-13, SERVICE, BASIC AND ADDITIONAL
1. Basic subscriber service means the total of all the follow-
ing:
(a) The transmiE:aion of all broadcast video channel
signals provided for herein;
(b) The transmission of the public, educational, and
local government access channel signals;
(c) The transmission of the local origination channel
signals;
(d) The transmissinn of such other cablecast channel
signals as v.re required by the FCC to match the
number of troadcast channel signals being trans-
mitted; ani
(e) The installation and re-connection of subscriber
service outlets.
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2, Additional services means any of the following:
(a) Such video services as the transmission of
all leased access channel signals not in-
eluded in basic subscriber service, as well
as the transmission of cablecast video
advertising me:,sages and pay television
signals.
SECTION 27-14. SUBSCRIBER
Subscriber means any person, firm, ^orporation, or other entity
receiving for any purpose tho service of the grantee herein,
SECTION 27-15, STREETS AND HIGHWAYS
Streets means streets, avenues, highways, boulevards, concourses,
driveways, bridges, tunnels, parks, parkways, waterways, docks, bulk-
heads, wharves, piers, alleys, all ot:ier public rights of way, and
public grounds or wateis within or belonging to the City.
SECTION 27-16. SYSTEM
1. System means the broadband communications facility which is
to be constructed, operated, and maintained by the Company within
the City of Denton. The system shall have a minimum 20 channel
capacity and provide at least one channel for composite public,
educational, local government and leased access use.
SECTION 27-17, TWO WAY CAPABILITY
The franchise shall maintain a plant having technical capacity
for non-voice return communications.
SECTION 27-18. USER
User denotes a person or organization utilizing a systea channel
for purposes of production and/or transmission of material, as con-
trasted with receipt thereof, in a subscriber capacity.
ARTICLE III
PROVISIONS GOVERNING THE LENGTH, RENEWAL AND
TRANSFER OF A CERTIFICATE OF FRANCHISE
SECTION 27-19. FRANCHISE REQUIRED; DURATION; EXCLUSIVITY
1. The City shall graft a franchise for the use of the streets
within the City for the construction, operation, and maintenance of
a CATV system. No system shall be allowed to occupy or use the
streets of the City or be allowed to operate without a CATV fran-
chise.
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2. The franchise shall be granted for a term of ten (10)
years; thereafter, after full public hearings, and according to
the franchise renewal procedure that follows, the franchise may be
renewed for periods of reasonable: duration not to exceed ten (10)
years as in the opinion of the City Council will serve the public
interest,
(a) Procedure to consider franchise renewal:
1, Thirteen months before expiration of the franchise
the City Council may appoint in the manner provided
for in Section 27-46 (2), a CATV Advisory Board to
review the performance of the franchisee and the
content of the CATV ordinance.
2. After giving public notice, the Board shall proceed
to determine whether the operator has satisfactorily
performed his obligations under the franchise. To
determine satisfactory performance, the Board shall
look at the technical developments and parforr.tince
of the system, programming, other services W ered,
cost of service, and any other particular requirement
set forth in the ordinance, such as the availability
of programming equipment and personnel to aid access
channel users; also, the Board shall consider the
franchisee's annual reports made to the City or the
FCC; provision shall be made for community comment,
and industry performance on a national basis shall
be considered.
3. A four month period shall be provided to determine
the franchisee's eligibility for renewal.
4. The Board shall then prepare amendments to determine
the franchise ordinance that it believes necessary,
5. The Board shall. submit to the City Council recommen-
dations in regard to (1) renewal of the franchise,
(2) changes to the franchise, and (3) amendments to
the franchise ordinance,
6. If the City Council finds the franchisee's performance
satisfactory, a new franchise may be granted pursuant
to the ordinance as amended.
7. In the event the current franchisee is determined by
the City Council to have performed unsatisfactorily,
new applicants shall be sought and evaluated by the
CATV Advisory Board and a franchise award made by the
City Council according to CATV franchising procedures
adopted by the City Council.
SECTION 27-20. REEVALUATION
1, The City and the franchisee shall hold scheduled reevalu-
ation sessions within thirty (30) days of the fifth anniversary
dates of the franchisee's obtaining certification for the system
from the Federal Communications Commission. All such reevaluation
sessions shall be open to the public and announced in a newspaper
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of general circulation at least five (5) days before each session,
2. Special reevaluation sessions. Special reevaluation ses-
sions may be held at anytime during the term of the franchise.
All such reevaluation sessions shall be open to the public and
announced in a newspaper of general circulation at least five (5)
days before each session.
3. Topics to be reevaluated. The following topics shall be
discussed at every scheduled reevaluation session: service rate
structures; free or discounted services; application of new tech-
nology; system performances; services provided; programming offered;
customer complaints; amendments to this ordinance; undergrounding
progress; and judicial and FCC rulings.
4. Topics in addition to those listed may be added if agreed
upon by the parties. Members of the general public may add topics
either by working through the negotiating parties or by presenting
a petition. If such a petition bears the valid signatures of fifty
or more residents of the City, the proposed topic or topics shall
be added to the list of topics to be discussed at the reevaluation
session.
SECTION 27-21. CANCELLATION AND TERMINATION
1. The City Council may cancel the franchise conferred by
this ordinance at any time prior to its expiration date upon a
finding, made after thirty (30) days notice of the proposed can-
cellation and public hearing, that the grantee has failed to cure
one or more of the following defects during a sixty (60) day period
following written notice b,p the City Manager to the grantee of such
a defect:
(a) Material breach, whiAther by act or omission, of any
terms or conditions of this franchise ordinance.
(b) Material misrepresentation of fact in the application
for or negotiation of the franchise.
(c) Failure to provide subscribers or users with adequate
service in the best interest of the public convenience
and welfare.
SECTION 27-22. CONTINUITY OF SERVICE
1. Continuity of Service Mandatory. The grantee shall be
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required to provide continuous service to all subscribers in re-
turn for payment of the established fee. If the grantee over builds,
rebuilds, modifies or sells the system, or the grantor revokes or
fails to renew this franchise, or grantor elects to purchase the
system, the grantee is required as part of this franchise to con-
tinue to operate the system until an orderly chango of operation is
effectuated. In the event the grantee fails to operate the system
for five consecutive days without prior approval of the City Council,
the City or its agent may operate the system until such time that a
new operator is selected.
2. Grantor purchase of System upon Revocation. In the event
that the grantor revokes Lhis franchise, pursuant to appropriate
provisions of this ordinance, the grantor shall have the right to
purchase the CATV system at a price not to exceed its then book
value (that is, original cost of prolerty less accumulated depre-
ciation). The book value shall be determined by the grantor in
accordance with generally accepted appraisal and accounting prin-
ciples, Under no circumstances shall any valuation be made for
"good will" or any right or privilege granted by this franchise.
Should a dispute arise over the determination of the fair market
value of the system, the dispute shall be resolved by arbitration
as provided in the sections of this ordinance entitled "Provision
for Arbitration of Disputes".
4. TRANSFERS AND ASSIGNMENTS
(a) The franchisee operating under this ordinance shall
not be permitted to sell, transfer, or ctherwise change more than
ten (10%) percent of the ownership herein granted without prior
written consent of the City of Denton. If after five (5) years the
franchisee would consider sale of more t}an ten (10%) percent or a
transfer of control, then provided the transferee met the character
financial, and experience criteria established ty the FCC and the
City Council of Deninn, the consent of the City Council of Denton
would not be unreasonably withheld.
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(b) The franchisee operating under this ordinance shall
not be permitted to sell, lease, sublease, transfer, or otherwise
change working control of the frandhise herein granted without
prior written consent of the City of Denton. For the purpoEe of
determining whether it shall consent to such change transfer, or
acquisition of control, the City Council may inquire into the
prospective controlling party, and the franchisee shall assist the
City Council in any such inquiry. If the City Council does not
schedule a hearing on the matter within sixty (60) days after notice
of the change or proposed change and the filing of a petition re-
questing its consent, the City shall be deemed to have consented.
In the event that the City Council adopts a resolution denying its
consent, and such change, transfer, or acquisition of control has
been effected, the City Council may terminate the franchise.
(c) The consent or approval of the City Council to any
assignment, lease, transfer, sublease, or mortgage of the franchise
granted to the franchisee shall not constitute a waiver or release
of the rights of the City in and to the streets.
(d) In the absence of extraordinary circumstances, the
City Council will not approve the assignment of the franchise by
the franchise prior to completion of construction of the CATV
system.
(e) The Council reserves the right to review the purchase
price of any transfer or assignment of the system, and any assignee
to this franchise expressly agrees that any negotiated sale v3lite
which the Council deems unreasonable will not be considered in the
rate base for any subsequent request for rate increases.
ARTICLE IV
FRANCHISE TERRITORY - EXTENSION OF SERVICE
SECTION 27-23. FRANCHISE AREA
Grantee shall submit, in addition to the application for
franchise, a map showing the franchise area and the projected con-
struction completion date. The map shall clearly delineate any
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areas which will not be served, if any. 1
SECTION 27-24. REVIEW OF FRANCHISE AREA
At two year intervals, beginning the third year after the
franchise is awarded, the map shall be reviewed, and changes in
the service areas shall be incorporated by mutual agreement.
1. Before requesting extension of service into pre-
viously urserved areas, the City Council must
take into consideration the costs of said exten-
sion, population density and averages, and terrain
problems.
2. The review shall take place at a public meeting.
SECTION 27-25, ARBITRATION OF DISPUTES
Should the Council and the grantee fail to agree upon new
service areas requested by the Council, the matter shall be arbi-
trated as provided in this ordinance.
SECTION 27-26. SERVICE OUTSIDE FRANCHISE AREA
Grantee shall negotiate with any citizen or group of citizens
desiring service who are located outside the service area. Should
the grantee and such citizens fail to reach an agreement upon the
costs of service to be extended, the matter shall be submitted to
an arbitration board as provided in this ordinance.
SECTION 27-27, ANNEXATION
Upon the annexation of any new territory by the City of Denton,
the portion of the CATV system that may be located or operated with-
in such territory, and the streets, alleys, or public grounds there-
of, shall thereafter be subject to all the terms of this grant as
though it were an extension made thereunder.
ARTICLE V
SECTION 27-28. ACCESS PROGRAMMING FACILITIES
All cable system franchises must provide reasonable equipment
to be used by access cablecasters with tha aid of a technical and
production staff to be provided by the operator. Included should
be equipment that can store programs for later showing. In addition,
a centrally located studio must be made available to all access users
on a first-come, first-served basis. Any applicant to operate tho
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system will be expected to demonstra.e in its application how it
plans to make available the equipment, the studio, and production
and technical staff. Applicants will be given preference in the
selection process for plans that will most adequately meet these
requirements. A full schedule of rates for use of equipment,
studio, and technical and production staff must be submitted. If
separate rates are planned for mobile facilities, these must be
also included. Rate preference may be given to non-commercial users.
SECTION 27-29. HUB SYSTEM
The cable system design shall incorporate the use of a HUB
system with sufficient hubs to insure the quality of reception re-
quired by the Federal Communications Commission.
The franchisee shall be required to maintain the capability for
non-voice return communications.
SECTION 27-30. EMERGENCY OVERRIDE
The cable system shall include an "Emergency Alert" capability
which will permit the mayor, or the mayor's designated zepresen-
tative, to override, by remote control, the audio and/or video of
all channels involved in retransmission of television broadcast
programming. The cable operator shall desi&nate a channel which will
be used for emergency broadcasts.
SECTION 27-31. STANDBY POWER
The cable system operator shall maintain equipment capable of
providing standby powering for headend traz:sportation and trunk
amplifiers for a minim:m of two hours. The equipment shall be con-
structed so as to automatically notify the cable office when It is
in operation and to automatically revert to the standby mode when
the AC power returns. All utility safety regulations must be fol-
lowed to prevent a standby generator from powering the "dead" util-
ity line, with possible injury to an unwitting linemen.
SECTION 27-32, PRIVACY
1, USE OF DATA FROM SUBSCRIBER
A grantee shall not initiate or use any form procedure, or
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device for procuring information or data from cable subscribers'
premises by use of the cable system without prior valid written
authorization from each subscriber so affected. Valid authori-
zation shall mean written approval from the subscriber for a per-
iod of time rx t to exceed one (1) year, and said authorization
shall not have been obtained from the subscriber as a condition
of service. Further, It shall be unlawful for a grantee, without
such authorization, to activate and/or utilize any "Class IV Cable
Television Channel" in any manner from the subscriber's premises.
In any case the subscriber shall have the right and opportunity
to deactivate the return path from his or her premises.
2. IDENTIFYING SUBSCRIBERS
The City or a grantee shall not, without prior valid written
authorization from each subscriber so affected, provide any data
identifying subscribers' names or address to any other party.
3. PROCUREMFNT OF INFORMATION
It shall be unlawful for any firm, person, group, company,
corporation, governmental body, or agency to procure information
or data from cable subscribers' premises by use of the cable sys-
tem without prior writtefi authorization from each subscriber so
affected. Valid authorization :shall mean written approval from a
subscriber for a period of time not to exceed one (1) year Pnd
shall not have been obtained as a condition of the grantee pro-
viding cable service to the subscriber,
4, SPECIFIC AUTHORIZATION 0
No authorization for procurement or dissimination of sub-
.
scriber identifiable information or data shall be valid unless
it (1) specifies the type jr types of information or data covered,
and (2) the parties authorized to collect, receive, store, record,
transmit, or otherwise convey this information or date. Further,
all authorizations shall specify the maximum period of time that
any subscriber identifiable information or data shall be preserved
in any manner or fora.
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5. SUBSCRIBER COPY REQUIRED
1
A written copy of all subscriber identifiable information or
data which is retained and/or disclosed and the disposition of ,
this information or data, toget'.ier with any explanation necessary
to make it understandable to tat subscriber, shall be provided to
the affected subscriber within thirty (30) days of procurement.
Further disclosures shall be fully detailed in writing to the
affected subscriber within thirty (30) days of such disclosure.
SECTION 27-33, ANTENNA SWITCH FOR ALTERNATIVE USE OF
OFF-AIR ANTENNAS
Grantee shall install an RF switch upon request by a subscriber.
ARTICLE VI.
TECHNICAL STANDARDS & SPECIFICATIONS 4
SECTION 27-34.
Methods of construction, installation, and maintenance of the
City's cable television system shall comply with the National Elec-
trical Safety Code, National Electrical Code of 1975, National
Bureau of Standards Handbook 81 (Part 2), National Bureau of Stan-
dards, U. S. Department of Commerce November 1, 19619 to the extent
that such Codes are consistent with local law affecting the construc-
tion, installation, and maintenance of electric supply and communJ.-
cations lines. To the extent that such Code is inconsistent with
other provisions of this franchise or with local law, the latter
shall govern.
SECTION 27-35,
Any tower constructed for use in the City's cable television
system shall comply with the standards contained in Structural
Standards for Steel hntenna Towers and Antenna Supporting Structures,
EIA Standards RS-222-A rs published by the Engineering Department of
the Electxonic Industries Association, 2001 Eye Street, N.W. Washing-
ton, D. Cs 20006,
SECTION 27-36.
Jnstallation and physical dimensions of any tower constructed
for use in the City's cable television system shall comply with all
L -13-
~ I
appropriate Federal Aviation Agency regulations including, but not
limited to, Objectives Affecting Navigable Airspace, 14 C.F.R. 77.1
et seq., February, 1965.
SECTION 27-37.
Any antenna structure used in the City's cable television sys-
tem shall comply with Construction Marking, and Lighting of Antenna
Structure, 47 C.F.R. 17.1 et seq., September, 1967.
SECTION 27-38.
All working facilities and conditions used during construction,
installation, and maintenance of the City's cable television system
•
shall comply with the standards of the Occupational Safety and Health
Administration.
SECTION 27-39.
The Company shall comply fully with the rules and standards for
cable television operations as adopted by the Federal Communications
Commission. 47 C.F.R. 76.601-76.613 (1972).
SECTION 27-40.
The Company shall comply fully with the rules and regulations
contained and promulgated within this ordinance and all other City
ordinances which apply to the operation of the cable system.
SECTION 27-41.
Stray idiation (Rf leakage) shall be checked at reception
locations for emergency radio services to prove no interference
signal combinations are po, :',le. Stray radiation shall be measured
adjacent to any proposed tical navigation radio sites to
prove no interference to aii. me navigational reception in the
• normal flight patterns.
ARTICLE VII
LOCAL REGULATORY FRAMEWORK AND REGULATIONS
` SECTION 2742. REMEDIES FOR BREACHES
1. In the event that its service to any subscriber is inter-
ruptei for twenty-four (24) consecutive hours, except for acts of
Gdd, and except in circumstances for which the prior approval of
the interruption is obtained from the City Council, grantee Shall
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provide a ten (lo%) percent rebate of the monthly fees to affected
10
subscriber.
2. In the event that its service to any subscriber is inter-
rupted for forty-eight (48) or more consecutive hours, except for
acts of God, and except in circumstances for which the prior approval
of the interruption is obtained from the City Council, grantee shall
provide a twenty (20%) percent rebate of the monthly fees to affected
subscribers.
3. In the event that its service to any subscriber is inter-
rupted for seventy-two (72) or more consecutive hours, except for
acts of God, and except in circumstances for which the prior approval
of the interruption is obtained from the City Council, grantee shall
provide a hundred percent (100%) rebate of the monthly fees to the
affected subscribers.
SECTION 27-43. SECURITY FUND
1. Within ten (10) dayo after the effective date of this con-
tract, the Company shall deposit with the Finance Director, and
maintain on deposit through the term of this contract, the sum of
•
Dollars in monies or securities, as security for the
faithful performance by it of all the provisions of this contract,
and compliance with all orders, permits and directions of any agency
of the City having jurisdiction over its acts or defaults under this
contract, and the payment by the Company of any claims, liens and
taxes due the City which arise by reason of the construction, opera-
tion or maintenance of the system.
2. Within ten (10) days after notice to it that any amount has
been withdrawn from the security fund deposited pursuant to sub-
division (1) of this section, the Company shall pay to or deposit
with, the Finance Director a sum of money or securities sufficient
to restore such security fund to the original amount of $
Dollars.
3. If the Company fails to pay to the City any compensation
within the time fixed herein; or, fails, after ten (10) days notice
to repay to the City any taxes due and unpaid; or, fails to repay
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to the City, within ten (10) days, any damages, costs, or expenses
which the City shall be compelled to pay by reason of any act or de-
fault of the Company in connection with this franchise; or, fails,
after three (3) days notice of such failure by the City Manager,
to comply with any provision of this contract which the City Mana-
ger reasonably determines can be remedied by an expenditure of the
security, the Finance Director may immediately withdraw the amour,
thereof, with interest and any penalties, from the security fund,
Upon such withdrawal, the Finance Director shall notify the Company
of the amount and date thereof.
4. The security fund deposited pursuant to this Section shall
become the property of the City in the event that this contract is
cancelled by reason of the default of the Company. The Company,
however, shall be entitled to the return of such security fund, or
portion thereof, as remains on deposit with the Finance Director at
the expiration of the term of this contract, provided that there is
then no outstanding default on the part of the Company.
5, The rights reserved to the City with respect to the security
fund are in addition to all other rights of the City whether reserved
by this contract or authorized by law, and no action, proceeding or
exercise of a right with respect to such security fund shall affect
any other right the City may have,
SECTION 27-44, CONSTRUCTION TIMETABLES
1. Service sball be made available to seventy (70%) percent
of the City within three (3) years of the date of the certificate
and ninety (90) percent of the City within four (4) years of the
date of certificate. Upon the reasor:ble request for service by
any person located within the City, the company shall, within sixty
(60) days, furnish service to such person. A request for service
shall be unreasonable for the purpose of this subdivision, if
occurring within five (5) years from the effective date of the
certificate and no trunk line instaklatioil capable of servicing
that person's block has as yet been installed, or, if occurring at
any time and direct access cannot be obtained to such person's
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i.
premises and all other means of access are highly impracticable.
SECTION 27-45, FORECLOSURE, RECEIVERSHIP
1. Upon the foreclosure or other judicial sale of all or a
substantial part of the system, or upon the termination of any
lease covering all or a substantial parr, of the system the Company
shall notify the City of such fact, and such notification shall be
treated as a notification that a change in control of the Company
has taken place, and the requirements of this ordinance governing
the consent of the City Council to such change in control of the
Company shall apply.
2. The City Council shall have the right to cancel the fran-
chise one hundred twenty (120) days after the appointment of a
receiver, or trustee, to take over and conduct the business of the
company, whether in receivership, reorganization, bankruptcy, or
other action or proceeding, unless such receivership or trusteeship
shall have been vacated prior to the expiration of the said one hun-
drei twenty (120) days, or unless:
(a) Wichin one hundred twenty (120) days after his
election or appointment, such receiver or trustee
shall have fully complied with all the provisions
of this ordinance and remedied all defaults there-
under; and,
(b) Such receiver or trustee, within said one hundred
twenty (120) days shall have executed an agreement,
duly approved by the Court having jurisdiction in
the matter, whereby such receiver or trustee assumes
and agrees to be bound by each and every provision
of this ordinance and the certificate granted to the
company.
SECTION 27-4$. ESTABLISHMENT CIF A 'EGJLATORY ENTITY
1. Continuing Regulatory Juri-3dicti.on. The City shall have
continuing regulatory jurisdiction and 3upervie.ion over the opera-
tion of any franchise granted hereunder and may from time to time
adopt such reasonable rules and regula;ions aK; they may deem neces-
Fiary for the conduct of the business contemplated thereunder.
2. Authority to establish CATV l.dvisory Board. The continuing
regulatory jurisdiction of the City sIalrl be exercised by the City
of Denton City Council. The City Council shall have the authority
to establish and appoint a CATV Advirory '3oa.rd consisting of five
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(5) members who shall serve for three (3) year terms with such terms
to be staggered. Such Board's duration shall be at the pleasure of
the Council and should such board be established ii shall advise
the City Council on its regulatory jurisdiction and may have the
following responsibilities and duties at the direction of the City
Council.
(a) Resolving disputes or disagreements between sub-
scribers and the grantee after an investigation
should the subscriber and the grantee not first
be able to resolve their view or disagreement.
Said decision or findings may be appealed to the
City Council.
(b) Reviewing and auditing all reports and filings
submitted to the City as required hereunder and
such other correspondence as may be submitted
to the City concerning the operation of the
cable television network, and reviewing the rules
and regulations set by the grantee company.
(c) Assuring that all tariffs, rates, and rules per-
tinent to the operation of the CATV system in the
City of Denton are made available for inspection
by the public at reasonable hours and upon reason-
able requests.
(d) Reviewing rates and recommending any rate changes
to the City Council.
SECTION 27-47, PROCEDURE FOR ANY DAY TO DAY REGULATION
1. Any formal inquiry, proceeding, investigation, or other
formal action to be taken or proposed to be taken by the City
Council in regard to the operations of the company's cable tele-
vision system, including a~tion in regard to an increase in sub-
scription rates, shall be taken only after thirty (30) days public
notice of such action or proposed action is published in a local
daily or weekly newspaper having general circulation in the City
of Denton; a copy of such action or proposed action is served
directly on the company, and the company has been given an oppor-
tunity to respond in writing and/or a hearing as may be specified
by the City Council, and general members of the public have been
given an opportunity to respond or comment in writing on the action
or proposed Action,
2, The public notice required by this action shall state
clearly the action or proposed action to be taken, the time pro-
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vided for response and the person or persons and authority to whom
such responses should be addressed, and such other procedures as
may be specified by the CATV Advisory Board. If a hearing is to
held, public participation will be allowed. The grantee is
a necessary party to any hearing conducted in regard to this
operation.
SECTION 27-48. FUNCTIONS TO BE REGULATED
1. A franchisee shall maintain an office in the City, which
shall be open during all usual business hours, have a publicly
listed telephone, and be so operated that complaints and requests
for repairs or adjustments may be received on a twenty-four (24)
hour basis.
i
2. A franchisee shall maintain a repair and trouble-shooting
force capable of responding to subscriber complaints or requests
for service within twenty-four (24) hours after receipt of the com-
plaint or request. No direct charge shall be made to the subscriber
for this service.
SECTION 27-49. SUBSCRIBER COMPLAINT PROCEDURE
1. Subscriber Notice of Complaint Procedures: The franchisee
shall establish procedures for receiving, acting upon, and resolving
subscriber complaints to the satisfaction of the Council. The
franchisee shall furnish a notice of such procedures to each sub-
scriber at the time of initial subscription to the system.
2. Complaint Records: The franchisee shall maintain a written
record or "log", listing date and time of customer complaints, iden••
tifying the subscriber and describing the nature of the complaints
and when and what action was taken by the franchisee in response
thereto; such record shall be kept at franchisee's local office,
reflecting the operations to date for a period of at least three
(3) years, and shall be available for inspection during regular
business hours without further notice or demand by the Council.
3. Repetition of Similar Complaints: When there have been
similar complaints made or where there exists other evidence, which,
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1 1 1 . 1
in the judgment of the Council casts doubt on the reliability or
quality of cable service, the Council shall have the right and
authority to compel the franchisee to test, analyze and report
on the performance of the system. Such test or tests shall be
made, and the reports of such test or tests shall be delivered to
the City no later than 14 days after the City formally notifies
the franchisee. Such report shall include the following infor-
mation;
(a) The nature of the complaint which precipitated
the specia2 tests.
(b) What system component was tested.
(c) The equipment used and procedures employed
in said testing.
(d) The method in which such complaints were
recorded.
Any other information pertinent to the special test shall be re-
corded.
Said tests and analyses shall be supervised by a professional
engineer, not on the permanent staff of the franchisee. The afore-
said engineer should sign all records of special tests and forward
to the City such records with a report interpreting the results of
the tests and recommending actions to be taken by the City.
The City's right under this provision shall be limited to re-
quiring tests, analyzes, and reports covering specific subjects
and characteristics bEased on said complaints or ether evidence when
and under such circumstances as the City has reasonable grounds to
believe that the complaints or other evidence require that tests
be performed to pro!ect the public against substandard cable ser-
vice.
SECTION 27-50. EMPLOYMENT REQUIREMENTS
A franchisee shall not deny service, deny access, or other-
wise discriminate against subscribers, channel users, or general
citizens on the basis of race, color, religion, national origin,
or sex. A franchisee shall strictly adhere to the equal employ-
ment opportunity requirements of t1fa FCC, as expressed in Section
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76.13 (h) and 76.311 of Chapter 1 of Title 47 of the Code of
Federal Regulations. The franchisee shall comply at all times with
all other applicable federal, statq, city, and county laws, and all
executive and administrative orders relating to non-discrimination.
A franchisee shall make a positive effort to hire racial minorities,
women and other protected groups as subcontractor if available and
qualified.
SECTION 27-51. FRANCHISE FEES
The grantee shall pay, as compensation to the City, an annual
fee of three (3%) percent of its gross revenues.
SECTION 27-52. RATES
1. The initial rates will be established through competitive
bidding of the applicants. Once an applicant is selected and awarded
a franchise, such rates shall become the applicable rate structure
and shall 'je adopted by ordinance. Such rates sball remain in effect
and not be changed for a minimum period of two (2) years after the
award of the franchise.
2. Absent actions reassigning jurisdiction for Basic Sub-
scriber Service rates to some other authority, said rates shall be
subject to modification only by the Council and only in accordance
with the following procedures:
(a) The Company may petition the Council. for a change
in rates by filing a revised rate schedule in-
cluding its ,justification(s) for said proposed
new schedule.
(b) Within ten (10) days of notification by the
Council of the place and time established for
a hearing on said petition, the Company shall
notify its subscribers of the same day by
announcement on at least two (2) channels of
its system, between the hours of 7:00 and
9:00 P.M., for five (5) consecutive days.
Following all proper notice, but in no event
later than ninety (90) days from the date of
said petition, the Council shall hold an
appropriate public hearing to consider the
proposed new rates, at which hearing all par-
ties desiring to be heard, including the Com-
pany, shall be heard on any matters relating
to the performance of this franchise, the
Company's services, and the proposed new rates.
(c) Within ninety (90) days after said hearing, the
Council shall render a written decision on the
Company's petition, either accepting, rejecting,
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or modifying the same and reciting the basis
of its derision.
(d) If the Council fails to act within six (6)
months of the Company's petition pursuant to
paragraph (a) above, the Company shall there-
after be entitled. to put its proposed new
rates into effe-,t on a provisional basis, pro-
vided that it shall keep a full and accurate
accounting of all income resulting 'Iron said
provisional rates Rnd shall be obliged for a
period of up to six (6) months thereafter to
refund the amount by which said provisional
rates exceed the rates ultimately established
by the Council. Upon request by the Council
the Company shall provide a bond or other rea-
sonable surety to ensure that possible refunds
due under this subsection shall be p:umptly
made. The bond or surety shall be in an amount
not to exceed the difference between the amount
of revenues generated in six months at the pre-
viously existing rates and the amount of reve-
nues expected to be generated in six months at
the provisional rates.
(e) The criteria for the Council decision in such
matters shill be establishment of rates which
are "fair and reasonable" to both the Company
and its subscribers and shall be generally de-
fined as the minimum rates necessary to meet
all applicable cost of service, including fair
return on all invested capital, all assuming
efficient and economical management.
(f) In order for the Council to determine whether
proposed rate changes comport with the criteria
established in subsection (e) above, the Com-
pany's petition for a rate increase shall in-
clude the following financial reports, which
shall reflect the operations of the Dento► sys-
tem only.
1, Balance Sheet.
2. Income Statement
3. Cash Flow Statement.
4. Statement of Sources & Applications
of funds.
5. Detailed Supporting Schedules of
Expenses, Income, Assets Pi Other
Items as may be required.
6. Statement of Current & Projected
Subscribers & Penetration.
Tho franchisee's accounting records applicable to
systr-v shall be available for inspection by the
City at all reasonable times. The City shall have
acevss to records of financial trar_:,actions for the
purpose of verifying burden rates or other indirect
costs prorated to the Denton operation. The docu-
ments linted above shall include sufficient detail
and/or footnotes; as may be necessary to provide the
City with the information needed to make accurate
determinations as to the financial. condition of the
system. All financial statements shall ba certified
as accurate by an officer of franchisee.
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(g) Any disagreement between the City and the Com-
pany concerning interpretation and calculations
of the financial and statistical information
provided by the Company may be submitted to
arbitration at the request of either party pur-
suant to the provisions of Article IX. Final
decisions concerning rate increases or decreases
shall not be subject to arbitration.
SECTION 27-53. USER CLASSES & DIVISIONS
Division of users and subscribers and the classes FOR purposes
or rates.
Subscribers may be divided into commercial and residential
classes. Nothing in this provision shall prohibit the reduction or
waiving of charges in conjunction with promotional campaigns for I
the purpose of attracting; subscribers. Rates for commercial and
non-commercial users of access channels may be established sepa-
rately. Nothing herein shall prohibit preferential rates for non-
commercial users if approved by the City.
SECTION 27-54. ADVANCE CHARGES & DEPOSITS
A franchise may require subscribers to pay for each month of
basic service in advance at the beginning of each month. No other
advance payment or deposit of any kind shall be required by fran-
chisee for basic subscriber service. No deposit or advance pay-
ment of any kind shall be charged for the provision of any conver-
ter without prior approval of the City. Nothing in this provision
shall be coAstrued to prohibit charges or waiver of charges for ini-
tial installation or reconnection.
SECTION 27-55, INSTALLATION & RECONNECTION
Except as otherwise provided elsewhere in this ordinFnce, a
franchisee may make a charge to subscribers for the installation
of service outlets and for the reconnection of service outlets.
The rates for such connection or reconnection shall be authorized
by the City as provided in this Article.
SECTION 27-56. DISCONNECTION
There shall be no charge for disconnectian of any installation
or outlet. If any subscriber fails to pay- a properly due monthly
subscriber fee, or .^ny other properly due fee or charge, the fran-
-23-
chisee may disconnect the subscribers service outlet, provided,
however, that such disconnection shall not be effected until thirty
(30) days after the due date of said delinquent fee or charge and
shall include ten (10) days written notice of the intent to dis-
connect delivered to the subscriber in question. If a subscriber
pays thirty (30) days after payment is due and after notice of dis-
connection has been given, a franchisee shall not disconnect. After
disconnection, upon payment in full of th4 delinquent fee or charge
the payment of reconnection charge, a franchisee shall promptly re-
instate a subscribers cable service.
SECTION 27-57. RECORDS & REPORTS, NOTICE OF DOCUMENTS
FILED WITH AGENCY
1. ANNUAL REPORT'S
No later than March 31 of each year, a franchisee shall submit
a written report to the City, in a form directed by the City Council,
which shall include:
(a) A summary of the previous year activities and deve-
lopment of this system, including, but not limited to,
services begun or dropped, subscribers gain or loss.
(b) Copies of the financial statements audited by a cer-
tified public accounting firm acceptable and approved
by the City, including the franchisee's balance sheet,
income statement, and working papers relating to sub-
scriber accounts.
(c) A current statement of coats of construction by com-
ponent categories.
(d) A summary of complaints, identifying the number and
nature of complaints and their disposition.
(e) A list of officers and members of the board of the
franchisee and the parent corporation, if any.
(f) A list of all stockholders holding three (3%) percent
or more of the voting stocs of a franchisee and the
parent corporation, if any.
2. FILINGS WITH FEDERAL COMMUNICATION
Copies of all petitions, filings, reports, and correspondence
filed with the Federal Communication Commission will be filed concur-
r,fitly with the City,
SECTION 27-58. INSURANCE & INDEMNIFICATION
1. A grantee or franchisee seeking to operate under the auth-
ority of this ordinance shall prior to the granting of a franchise
for cable television operation by the City of Denton submit to
approval by the City Attorney satisfactory evidence in the form of
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c
certificates of insurance or their equivilant including but not
limited to the following coverage and risk areas:
(a) Workman's Compensation and em' ployee's liability
coverage on all employees of the franchisee is
required by statute.
(b) Comprehensive general liability coverage includ-
ing a blanket contractual liability provision
and a broad form damage endorsement covering but
not limited to explosion, collapse or other under-
ground activity.
(c) Comprehensive automobile liability coverage.
2. The minimum limits of coverage on each of the above described
coverages excepting 1(a) above shall in no event be less than One
Million ($1,000,000.00) Dollars.
3. All insurance policies requited by this section shall be so
endorsed as to make the City of Denton a named insured under such
policy.
Further, each policy shall be so endorsed as to require the
carrier or carriers to give not less than sixty (60) days notice of
cancellation or non-renewal to the City of Denton. Such policies
shall further carry an endorsement providing a waive- of any rights
of subrogation in the favor of and to the City of Denton.
4, A grantee or franchisee operating under authurity of this
ordinance shall hold harmless from and indemnify the City agaircit
all claims, suits, actions, costa, counsel fees, expenses, damages,
judgments or decrees by reason of any person or persons or property
being damaged or injured by the franchisee or any of his subcon-
tractors, employees, agents, vendors, suppliers, or any capacity
during the progress of the work, whether by negligence or otherwise.
Such indemnification provisions shall be a part of the franchisee
agreement.
5. A grantee or franchisee hereunder shall upon written notice
thereof by the City Manager or his designee indemnify the City of
Denton for any damage of any nature to property of the City of
Denton whether real, personal or mixed.
SECTION 27-59, USE Or' PUBLIC PROPERTY & CONDITIONS FOR USE
1, A grantee shall first obtain the approval of the City prior
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7 I . I I I • 1
' 1 I 11 I
to commencing construction on the streets, alleys, public grounds,
or places of the City. Applications for approval of the construction
shall be in a form provided by the City. A grantee shall give the
City written notice of proposed construction at least ten days prior
to such construction so as to coordinate all work between the City
and grantee.
2. A grantee shall not open or disturb the surface of any street,
sidewalk, driveway, or public place for any purpose without first hav-
ing obtained a permit to do so in a manner provided by City ordinances.
3. A grantee shall, at its expense, protect, support, temporarily
disconnect, relocate in the same street or other public place, or re-
move from the street or other public place, any property of the grantee
when required by the City of Denton by reason of traffic conditions,
public safety, street vacation, street construction, change of estab-
lishment of street grade, installation of sewer, drains, water pipes,
City owned power or signal lights, and tracks or any other type of
structure or improvement by public agency.
4. The grantee's use of existing poles or conduits belonging to
the City of Denton, or the erection or construction of new poles or
conduits shall be governed by a separate Pole Use Agreement.
5. All wires, conduits, cables and other property and facili-
ties of the grantee shall be so located, constructed, installed and
maintained as not to endanger or unnecessarily interfere with the
usual and customary trade, traffic and travel upon the streets of
public places of the City. The grantee shall keep accurate maps and
records of all its facilities and furnish copies of such maps and re-
cords as requested by the Pity. A grantee shall not place poles or
other equipment where they will interfere with the rights or reason-
able convenience of adjoining property owners, or with any gas, elec-
tric, or telephone fixtures, or with any water hydrants or mains.
All poles or other fixtures placed in a street shall be placed in the
right of way between the roadway and the property, as specified by the
City.
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6. All wires, cables, amplifiers, and other property shall
ba constructeu and installed in an orderly and workman like manner.
All cables and wires shall be installed parallel with existing tele-
phone and electric wires whenever possible. Multiple cable config-
urations shall be arranged in parallel and bundled, with due respect
for engineering and safety consideration. All installations shall
be underground in those areas of the City where public utilities
providing either telephone or electric service are underground. In
areas where both telephone and electric utility facilities are above
ground at the time of installation, the grantee may install its ser-
vice above ground with the understanding that at such time as those
facilities are required to be paced underground by the City, the
grantee shall likewise place its service underground without addi-
tional cost to the residents of the City other than as may 'ie
granted under the provisions of this ordinance.
7. The City shall give the grantee reasonable notice of plans
for street improvement where paving or resurfacing of a permanent
nature is involved. The notice shall give the grantee sufficient
time to make any additions, alterations, or repairs to its facilities
as it deems necessary in advance of the actual commencement of the
work, so as to permit the grantee to maintain continuity of service.
8. Requests for Removal or Change: The grantee shall, on the
request of any person holding a building moving permit, temporarily
raise or lover its wires to permit the moving of said builing. The
expense o:' such temporary removal, raising or lowering of wires shall
be paid by the person requesting the same, and the grantee shall have
the authority to require such payment in advance.
9. Authority to Trim Trees: The grantee shall have the auth-
ority to trir, trees overhanging upon streets, alleys, sidewalks,
and other public places of the City so as to prevent the branches
of such trees from coming in contact with the wires and cabler3 of
the company. All trimming is to be done under the supervision and
direction of the City and at the expense of the grantee. The grantee
shall make every effort to preserve the esthetic beauty and viability
-27-
of any trees trimmed. The grantee nay contract for such services,
however, any firm or individual so retained shall receive City
approval prior to commencing such activity.
10. Free Connections for Public Buildings. Public buildings
should be connected to the cable system at no charge. Such requests
for service would be initiated by authorized local government offi-
cials. For planning purposes, one service drop per facility should
be anticipated at the Civic Center, City Hall, the County Courthouse,
Police and Fire facilities, public Library, all public and parochial
schools. If more than one drop is required (per facility), the
charge should be based on company's costs of time and materials. No
mont!ily charges should be made for providing basic subscriber services
al. these public buildings.
11. Free Connections to North Texas State University and Texas
Womans University. Upon the request of an authorized University
official, academic buildings and residence halls at :forth Texas State
University and Texas Womans University should be connected to the
cable system at no charge. If more than one service drop is required
(per building), the charge should be based on the company's cost of
time and materials. No monthly charges should be made for providing
basic subscriber services at the academic buildings.
12. Interconnection: The grantee may be requiredl to inter-
connect its system with all other broadband communications facilities.
Such interconnection shall be made within the time limit established
by the City. The interconnection shall, at the City's discretion,
be accomplished azcording to the method and technical standards
determined by the City, in a manner consistent with applicable FCC
standards.
13. At the expiration of the franchise term, or upon its ter-
mination as provided for herein, the City shall have the right to
require the grantee to remove at its own expanse all portions of
the cable television system from all streets within the City.
-28-
ARTICLE VIII
APPLICANT SELECTION PROCESS
SECTION P7-60. WRITTEN APPLICATION REQUIRED
No license, franchise, or renewal thereof shall be issued ex-
cept upon written application to the City Council on an application
form prescribed by the City Council. Such form shall contain such
information as the City Council may prescribe as to the citizenship
and character of the applicant, and the financial technical and
other qualification of the applicant to operate the system; complete
information as to its principals and ultimate beneficial owners,
including, in the case of corporations, all stockholders, both
nominal and beneficial, owning one (1%) percent or more of the
issued and outstanding stock, and, in the case of incorporated
associations, all members and ultimate beneficial owners, however
designated; complete information on the extent and the quality of
service, number of channels, hours of operation, variety of pro-
grams, kcal coverage, saSety measures, installation and subscrip-
tion feeF; and. such other information as the City Council may deem
appropriate or necessary. Such application shall be signed by the
applicant or by a duly authorized representative, evidence of whose
authority shall be submitted with the application. Each applicant
shall make full disclosure of the true ownership of the applicant
and of the equipment to he employed and rendering service and of
the source of funds for the purchase, lease, rental and installation
of such equipment. Each applicant shall set forth as completely
as possible the equipment to be employed, the routes of the wires
and cables, the area or areas to be served, the approximate start-
ing and completion dates of construction of the system and the dates
service will actually be available to the areas named,
SECTION 27-01, PUBLICATION OF APPLICANTS FOR FRANCHISE
The City Council shall after the last date fixed for receipt
of the applications caused to be published in the local newspapers
of general circulation a notice of public hearing, giving the time,
date, places of said hearings, and iisting the names of the appli-
cants and inviting public examination of the applicant and the
-29-
applications, and inviting testimony on the qualifications of said
applicants.
SECTION 27-62. PUBLIC HEARINGS
Public hearings shall be conducted in accordance with standards
of due process in fairness to applicants and the public, and in
accordance with the FCC rules and regulations and orders and policies
pertinent to such hearing. Fach applicant will be notified of the
time and location of his application to be zonsidered.
ARTICLE IX
PROVISION FOR ARBITRATION OF DISPUTES
SECTION 27-63. BOARD OF ARBITRATION
Any controversy or claim or disputes as to facts arising out
of or relating to this franchise agreement, or to a breach or
alleged breach thereof, and expressly made the subject of arbitra-
tion by this ordinance, shall be referred to a Board of Arbitration
one member to be appointed by the franchisee and the second member
to be appointed by the City Council, and the third member to be a
disinterested party appointed by agreement of the other two members.
SECTION 27-64. DEMAND FOR ARBITRATION
Demand for arbitration may be made by either party on the
other by written notice sent by Certified Mail, Return Receipt
Requested. Notice of demand to the City of Denton shall be served
on the City Secretary. Notice of demand to the franchisee shall be
served upon the President of the franchisee corporation. The demand
shall state the controversy or claim and the disputes as to facts.
SECTION 27-65. JUDICIAL RELIEF FOR PARTIES
On failure of either party to appoint an arbitrator within
fifteen (16) days of notice to him of demand for arbitration, or on
the failure of arbitrators selected by the parties within fifteen
(16) days after appointment of both arbitrators to select a third
arbitrator, either party may apply to the DIatrict Court of Denton
County, Texas for the appointment of an arbitrator or arbitrators
hereunder by giving notice to the other party, as provided in the
Texas Rules of Civil Procedure, as amended, governing civil actions
generally.
-30-
SECTION 27-66. BOARD OF ARBITRATION HEARINGS
The Board of Arbitrators shall hold a hearing on the contro-
versy, claim or disputes of facts stated in the demand for arbi-
tration, which hearing shall be within thirty (30) days after
appointment of all the arbitrators, and after fifteen (15) days'
notice thereof to both parties given by the arbitrators by Certi-
fied Mail, Return Receipt Requested. The hearing may be adjourned
from time to time. The board shall consider evidence offered by
the parties relevant to the controversy, claim or disputed facts,
and may swear witnesses, Testimony shall be taken and transcribed
by a reporter. The record of the hearings, the decision of the
Board of Arbitrators, and the dissent of any one of them shall be
filed with the City Council. The decision of the Board of Arbitra-
tors may be rendered by any two of them; and any one of them may
render a dissent. The decision and dissent must be limited to the
controversy or claim and based on findings of fact. The de+sision
of any two of the arbitrators shall be the decision of the board
and shall be final and conclusive on both parties.
SECTION 27-67. EXPENSES OF ARBITRATION TAXED
Expenses of arbitration, iucludi.ng, without limitation, costs
of notices and service thereof, fees of arbitrators and of wit-
nesses, but not of legal counsel, and the cost of taking and tran-
scribing testimony shall be charged against the party at fault or
proportionately between the parties as the board may deem equitable
and ,just.
ARTICLE IX
MISCELLANEOUS
If any section, sentence, clause or phrase of this ordinance
is held unconstitutional or void, such unconstitutionality or
voidness shall not affect the validity of the remainder of the
ordinance, and any portions in conflict are hereby repealed. Pro-
vided, however, that in the event that the Federal Communications
Commission declares any section invalid, that such section or
-31-
sections will be renegotiated by the City Council and the grantee.
SECTION I1, •
That this ordinance shall become effective fourteen (14) days
from the date of its passage, and the City Secretary of the City of
Denton, Texas, is hereby directed to cause the caption of this ordin-
ance to be published twice in the Denton Record-Chronicle, the offi-
cial newspaper of the City of Denton, Texas, within ten (10) days
of the date of its passage.
PASSED AND APPROVED this the o? day of ,
1978.
r-1
J,0 ITCHELL, MAYOR
TY OF DENTON, TEXAS
ATTEST:
0111
OOKS OLT, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
PAUL C. , I SH M, CITY ATT PINY
CITY OF DENTON, TEXAS
-32-
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D DEED RECORDS VOl 892 fAH 718
CITYof DENTON, TEXAS MUNILIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 381.9601
TO: Building Code Board
FROM: Joe S. Bullard, Housing Inspector
DATE: May 23, 1978 1-1431
RE: 620 Railroad
LEGAL DESCRIPTION: BBB & CRR 185, Lot 7, Blk. 1, Frank Addn.
The property described above was inspected for compliance with
the Denton Minimum Housing and Building Standards and found to
be substandard. The owner has been notified by mail as owner-
ship appears on the City tax roll. He was advised of his obli-
gation to repair or demolish the structure and has not acted in
this matter. Therefore, it is the intent of the Director of
Community Development to demolish the-.structure as a hazard to
the health, safety and ~-?alfare of the public. The demolition
will be accomplished by contractual arrangement,, the expense of
which will constitute a lien against the real property upon
which the structure stood.
A copy of this notice will serve to advise the owner of his right
to appeal, within ten (10) days, the decision of the Director of
Community Development before the Board.
Cdr 4v2&/
Joe B ar
THE STATE OF TEXAS X
COUNTY OF DENTON X
Subscribed and sworn to be ore me this g3rd da f
May- A. D. 197
ue D. c ar son
ary Public in and for
ton County, ,Texas.
My commission expires the 22nd day of December, 1979.
DEPARTMENT OF COMMUNITY DEYELOPMENT
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CITY of DENTON, TEXAS MUNICIPAL BUfLDING/ DENTON, TEXAS 76101 / TELEPHONE (817)382•9601
DEED RECORDS 11987
TO: Building Code Board
FROM: Joe S. Bullard, Housing Inspector
DATE: May 1, 1978
RE: 535 Wainwright
LEGAL DESCRIPTION: H. Cisco Survey #1184, Lot 13, Blk. 1,
J.F. Bell Addition
The property described above was inspected for compliance with
the Denton Minimum Housing and Building Standards and found to
be substandard. The owner has been notified by mail as owner-
ship appears on the City tax roll. He was advised of his obli-
gation to repair or demolish the structure and has not acted in
this matter. Therefore, it is the intent of the Director of
Community Development to demolish the structure as a hazard to
the health, safety and welfare of the public. The demolition
will be accomplished by contractual arrangement, the expense of
which will constitute a lien against the real property upon
which the structure stood.
A copy of this notice will serve to advise the owner of his•right
to appeal, within ten (10) days, the decision of the Director of
Community Development before the Board.
jdr
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Bu ar
THE STATE OF TEXAS
COUNTY OF DENTON X
Subscribed and sworn t efore e_this~_ day of
A.D. 97 d6 - 'A'5
cque yn c ar son r
otary Public in and for
0
enton County, Texas. n~17
my'cortu ission expires the 22nd day of December, 1979. VOL 888 FACE90f
DEPARTMENT OF COMMUNITY DEVELOPMENT ,
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CITY of DENTON, TEXAS MUNICIPAL BUILDING/ DENTON, TEXAS 76201 i TELEPHONE {817)382-9601
DEED RECORDS 11986
Tl~: Building Code Board
FROM: Joe S. Bullard, Housing Inspector
DATE: May 1, 1978
RE: 717 Cook
LEGAL DESCRIPTION: A. }fill Survey #623, 713 & 717 Cook, W. 100
Ft, of Lot 1, Blk. 6, Robertson Addn.
The property described above was inspected for compliance with
the Denton Minimum Housing and Building Standards and found to
be substandard. The owner has been notified by mail as owner-
ship appears on the City tax roll. He was advised of his obli-
gation to repair or demolish the structure and has not acted in
this matter. Therefore, it is the intent of the Director of
Community Development to demolish the structure a.a a hazard to
the health, safety anJ welfare of the public. -The demolition
will be accomplished by contractual arrangement, the expense of
which will constitute a lien against the real property upon
which the structure stood.
A copy of this notice will serve to advise the owner of his right
to appeal, within ten (10) days, the decision of the Director of
Community Development before the Board.
jdr
o u and
THE STATE OF TEXAS X
COUNTY OF DENTON
Subscribed and sworn torbWore me this 71S day of
May A.D. 1 78.\\ -
sac ue yn Ric ar son
o,C ry Public in and for
Denton County, Texas.
My commission expires the 22nd day of December, 1979 4.7l 888 99 5
DEPARTMENT OF COMMUNITY DEVELOPMENT
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CITY& DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 382.9601
DEEO RECORDS 11,984
TO: Building Code Board
FROM: Joe S. Bullard, Housing Inspector
DATE: May 1, 1978
RE: 929 Collins
LEGAL DESCRIPTION: E. Puchalski #996, Lt. 1, Blk. 6, Hillside Addn.
The property described above was inspected for compliance with
the Denton Minimum Housing and Building Standards and found to
be substandard. The owner has been notified by mail as owner-
ship appears on the City tax roll. He was advised of his obli-
gation to repair or demolish the structure and has not acted in
this matter. Therefore, it is the intent of the Director of
Community Development to demolish the structure as a hazard to
the health, safety and welfare of the public. The demolition
will be accomplished by contractual arrangement, the expense of
which will constitute a lien against the real property upon
which the structure stood.
A copy of this notice will serve to advise the owner of,his'right
to appeal, within ten (10) days, the decision of the Director ok:
Community Development before the Board.
Jdr
Jo.6 lar
THE STATE OF TEXAS X L/
COUNTY OF DENTON X
Subscribed and sworn o efore me this day
May A. 11. 197
cquelyft D.-Ric ar son
otary Public in and for
enton County, Texas. ,
My commiission expires the 22nd day of December, 1979.
~L~ 888 ~~c~ 901
DEPARTMENT OF COMMUNITY DEVELOPMENT
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CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE(817)382.9601
PEED RECORDS
1.1983
TO: Building Code Board
FROM: Joe S. Bullard, Housing Inspector
DATE: May 1, 1978
RE: 104 Collins
LEGAL DESCRIPTION: A. Hill 623, 17(' ft. S. from Johnson,
62.5' x 174'
The property described above was inspected for compliance with
the Denton Minimum Housing and Building Standards and found to
be substandard. The owner has been notif'_ed by mail as owner-
ship appears on the City tax roll. He was advised of his obli-
gation to repair or demolish the structure and has not acted in
this matter. Therefore, it is the intent of the Director of
Community Development to demolish the structure as a hazard to
the health, safety and welfare of the public. The demolition
will be accomplished ljy contractual arrangement, the expense of
which will constitute a lien against the real property upon
which the structure stood.
A copy of this notice will serve to advise the ownet. of'his right
to appeal, within ten (10) days, the decision of the Director of
Community Development before the Board.
J dr
J S. 4r'-
THE STATE OF TEXAS X
COUNTY OF DENTON
Subscribed and sworn to,be££ore me this 1st day of
May A.D. 1978,\ -
c e yn Ric ar son
ry Public in and for
D' ton County, Texas.
My commission expires the 22nd day of December, 1979NCL 8$$ PAGE 899
DEPARTMENT OF COMMUNITY DEVELOPMENT
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VOL D 892 wr' 708
CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 382- 9601
DEED RECORt)5
TO: Building Code Board
FROM: Joe S. Bullard, Housing Inspector
DATE: May 23, 1978 1 ,1426
RE: 1106 East Oak Street
LEGAL DESCRIPTION: Lot 13, Blk. 3, Solomon Hill 3rd Addn.
The property described above was inspected for compliance with
the Denton Minimum Housing and Building Standards and found to
be substandard. The owner has been notified by mail as owner-
ship appears on the City tax roll. He was advised of his obli-
gation to repair or demolish the structure and has not acted in
this matter. Therefore, it is the intent,of the Director of
Community Development to demolish tl{d~JdtructLre as a hazard to
the health, safety and welfare of the public. The demolition
will be accomplished bv contractual arrangement, the expense of
which will constitute a lien against the.real property upon
which the structure stood,
A copy of this notice will serve to advise the owner of his right
to appeal, within ten (10) days, the decision of the Director of
Community Development before the Board.
jdr
JKPIS. Bullard
THE STATE OF TEXAS X
COUNTY OF DENI'ON X
rbscribed and sworn to be ore me this c~ 3 day of
A.D. 197 '
cque yh-D c ar son
0tary Public in and for
enton County, Texas.
My commission expires the 22nd day of December, 1979.
DEPARTMENT OF COMMUNITY DEVELOPMENT
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CITYofDENTON,TEXAS MUNfCIPAL BUILDI14G / DENTON, TEXAS 76101 / TELEPHONE (817) 382.9601
DEED RECORDS 11981
TO: Building Code Board
FROM: Joe S. Bullard, Housing Inspector
DATE: May 1, 197f
RE: 1007 East Sycamore
LEGAL DESCRIPTION: H. Cisco 1184, 100 x 150,East from Bradshaw
The property described above was inspected for compliance with
the Denton Minimum Housing and Building Standards and found to
be substandard. The owner has been notified by mail as owner-
ship appears on the City tax roll. He was advised of his obli-
gation to repair or demolish the structure and has not acted in
this matter. Therefore, it is the intent of the Director of
Community Development to demolish the structure as a hazard to
the health, safety and welfare of the public. The demolition
will be accomplished by contractual arrangement, the expense'of
which will constitute a lien against the real property upon
which the structure stood.
A copy of this notice will serve to advise the owner of his right
to appeal, within ten (10) days, the decision of the Director of.
Community Development before the Boa d.
3dr (J e STATE OF TEXAS X
COUNTY OF DENTON X
Subscribed and sworn to b fo~re me this st day of
May -A.D. 19
a ue_ D. R c ar son
N ary Public in and for
Denton County, Texas,
My commission expires the 22nd day of December, 1979.
L 8~$ 895
DEPARTMENT OF COMMUNITY DEVELOPMENT
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DEED RECORDS
892 +Aa 716
VOL 000~
CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 382.9601
ra4~n
TO: Building Code Board
FROM: Joe S. Bullard, Housing Inspector
DATE: May 23, 1978
RE: 1101 East McKinney
LEGAL DESCRIPTIONS BBB & CPR 185, W 48x60 ft. 14 Blk. 1, College
View Addn.
71
° The property described above was inspected for compliance wi
th
the Denton Minimum Housing and Building Standards and found to
be substandard. The owner has been notified by mail as owner-
ship appears on the City tax roll. He was advised of his obli-
gation to repair or demolish the structure and has not acted in
this matter. Therefore, it is the.;intent of the Director of
Community Development to demoli6H-Ah6 structure as a hazard to
the health, safety and welfare of the public. The demolitiun
will be accomplished by contractual arrangement, the expense of
which will constitute a•Sien against the real property upon
which the structure stood.
A copy of this notice will serve to advise the owner of his right
to appeal, within ten (10) days, the decision of the Director of
Community Development before the Board.
jdr
A4-7
S. Bu lard
THE STATE OF TEXAS X
COUNTY OF DENTON X
Subscribed and sworn to fore me this 23rd da f
r~b
May A.D. 1
78.
a que D. c ar son
ary Public-. in. and for
nton County;. Texas.
My commission expires the 22nd day of December, 1979.
DEPARTMENT OF COMMUNITY DEVELOPMENT
O~UIISV Cf DfK{ON
{r.es
Of SfXAS ton tad a5 ~md on these
•~tPif. Gtta(• :^:Tt Nei bUtiV
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ED RECORDS VA 892 iAu 72
JE
CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76101 / TELEPHONE (817) 382.9601
TO: Building Code Board
FROM: Joe S. Bullard, Housing Inspector 1.1428
DATE: May 23, 1978
RE: 618 Cook
LEGAL DESCRIPTION: t?. Hill Surv. #623, Lot 4, Blk. 5, Robertson Addn.
The property described above was inspected for compliance with
the Denton Minimum Housing and Building Standards and found to
be substandard. The owner has been notified by mail as owner-
ship appears on the City tax roll. He was advised of his obli-
gation to repair or demolish the structure and has not acted in
this ratter. Therefore, it -is the intent of the Director of
Commt.,:ity Development to demolish~the°structure as a hazard to
t}-: health, safety and welfare of the public. The demolition
will be accomplished by contractual arrangement, the expense of
Which will constitul-^ a lien against the real property upon
.nich the structure stood. "
A copy of this notice will serve to advise the owner of his right
to appeal, within ten (10) days, the decision of the Director of
Community Development before the Board.
3dr
Bullard
THE STATE C,F TEXAS X
COUNTY OF iiENTON X
Subscribed and sworn to ore me s. 7day of
May A. D. 19
a que y D. ardscn
ary Public in and for
Denton County, Texas.
My commission exr)ires the 22nd day of December, 1979.
DEPARTMENT OF COMMUNITY DE% :LOPMENT
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CITY of DENTON, TE"S MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE(817)382.9601
DEED RECORDS 11-982
TO: Building Code Board
FROM: Joe S. Bullard, Housing Inspector
DATE: May 1, 1975
RE: 617 Wilson
LEGAL DESCRIPTION: S.C. Hiram Survey x!•616, 60 x 95'
The property described above was inspected fcr compliance with
the Denton Minimum Housing and Building Standards and found to
be substandard. The owner has been notified by mail as owner-
ship appears on the City tax roll. He was advised of his obli-
gation to repair or demolish the structure and has not acted in
this matter. Therefore, it is the intent of the Director of
Community Development to demolish the structure as a hazard to
the health, safety and welfare of the public. The demolitiun
will be accomplished by contractual arrangement, the expense of
which will constitute a lien against the real property upon
which the structure stood.
A copy of this notice will serve to advise the owner of h1s.right
to appeal, within ten (10) days, the decision of the Director of
Community Development before the Board.
,jdr - {
THE STATE OF TEXAS J e S. u and •
~
COUNTY OF DENTON X
Subscribed and swo n to efore me this lst day of
May _ A. . 19 ,
` . c ~fTeilyd D: c ar son
otary Public in and for
enton County, Texas.
My commission expires the 22nd day of December, 1941. PAGE v
p 9 ry
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DEPARTMENT OF :OMMUNITY DEVELOPMENT
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DEED RECORDS VOl 892 FAGf 714
CITY of DENTON, TEXAS MUNICIPAL BUILDING/ DENTON, TEXAS 76201 /TELEPHONE (817} 382.9601
TO: Building Code Board
FROM: Joe S. Bullard, Housing Inspector
DATE: May 23, 1978 1 4429
RE: NeAlf-
LEGAL DESCRIPTION: Lot 13, Blk. 6, Robertson Addn.
The property described above was inspected for compliance with
the Denton Minimum Housing and Building Standards and found to
be substandard. The owner has been notified by mail as owner-
ship appears on the City tax roll. He was advised of his obli-
gation to repair or demolish the structure and has not acted in
this matter. Therefore, it is the-intent of the Director of
Community Development to demolish the-structure as a hazard to
the health, safety and welfare of the public. The demolition
will be accomplished by contractual arrangement, the expense of
which will constitute a lien against the real property upon
which the structure stood.
A copy of this notice will serve to advise the owner of his right
to appeal, within ten (10) days, the decision of the Director of
Community Development before the Board.
3dr
T u and
THE STATE OF TEXAS X
COUNTY OF DENTON X
Subscribed and sworn to fore me t 23rd day of
ay , A.D. 4~ 7b.
a ue char son
N ary Public in and for
nton County, Texas,
My commission expires the 22nd day of December, 1979.
DEPARTMENT OF COMMUNI'Y DEVELOPMENT
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CITY of DE'NTON, TEXAS MUNICIPAL BUILDING / OLNTON, TEXAS 76201 / TELEPHONE (817) 382.9601
11985
DEED RECORDS
TO: Building Code Board
FROM: Joe S. Bullard, Housing Inspector
DATE: May 1, 1978
RE: 314 "Y"
LEGAL DESCRIPTION: A. Hill Survey #623, 1st 66' Avg, x 92' Avg.,
W. from Cook St., .140 S.W. Corner "Y" and
Cook St.
The property described above was inspected for compliance with
the Denton Minimum Housing and Building Standards and found to
be substandard. The owner has been notified by mail as owner-
ship appears on the City tax roll. He was advised of his obli-
gation to repair or demolish the structure and has not acted in
this matter. Therefore, it is the intent of the Director of
Community Development to demolish the structure as a hazard to
the health, safety and welfare of the public. The demolition
will be accomplished by contractual arrangement, the expense of
which will constitute a lien against the real property upon
which the structure stood,
~ r
A copy of this notice will serve to advise the owner of his right,
to appeal, within ten (10) days, the decisi n of the Director of
Community Development before the Board.
jdr
o F-Bullard
THE STATE OF TEXAS X
COUNTY OF DENTON X
Subs,:ribed and sworn to 5a4quel~h this lst day of
May _ A. 1,. 19 D, c ar son
ry Public in and for
tor County, Texas.
My commission expires the 22nd day of December, 1979uL 8$8 PeE903
DEPARTMENT OF COMMUNITY DEVELOPMENT
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DEED RECORDS YCL 892 imE VO
CITY of DENTON, TEXAS MUNICIPAL BUILDING/ DENTON, TEXAS 76201 / TELEPHONE(617)382.9601
TO: Building Code Board r 1' 27
FROM: Joe S. Bullard, Housing Inspector
DATE: May 23, 1978
RE: 709 Bradshaw
LEGAL DESCRIPTION: BBB & CRR 185, Lot 7, Blk. 8, College View Addn.
The property described above was inspected for compliance with
the Denton Minimum Housing and Building Standards and found to
be substandard. The owner has been notified by mail as owner-
ship appears on the City tax roll. He was advised of his obli-
gation to repair or demolish the structure and has not acted in
this matter. Therefore, it is the intend pf the Director of
Community Development to demolish the "sir'ucture as a hazard to
the health, safety and welfare of the public. The demolition
will be accomplished by contractual arrangement, the expense of
which will constitute a lien against the real property upon
which the structure stood. It
A copy of this notice will serve to advise the owner of his right
to appeal, within ten (10) days, the decision of the Director of
Community Development before the Board.
jdr
oe S. B rd
THE STATE OF TEXAS X
COUNTY OF DENTON X
Subscribed and sworn t ore me this 23rd day
May A.D. 978.
0enaqfuton e c ar son
ary Public in and for
County, Texas.
My commission expires the 22nd day of December, 1979.
DEPARTMENT OF COMMUNITY DEVELOPMENT
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