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HomeMy WebLinkAbout10-1976 09ORER I Y 1974 COMMUNITY DEVELOPMENT GRANT CONTRACTURAL AGREEMENT On October 6, 1976, the City was notified of approval of a Community Development Block Grant in the amount of $192,000 (attached letter). As a part cnf that grant program, it is necessary Lo authorize the Mayor (by resolution) to enter into an agreement for the project, as submitted and approved. The specific agreement reads as follows: ACCEPTANCE PROVISIOMS The Grant Agreement authorized by the Department of Housing and R Urban Development is hereby accepted by the Applicant as Grantee under the Agreement and the Grantor agrees to comply with the terms and conditions of the Agreement, applicable law, regulations and all requirements of HUD, now or hereafter in effect, pertaining to the assistance provided. { 1 I If / 0IIi7Y~~.YlT DEPARTMENT OF HOUSING AND UREiAN DEVELOPMENT ll1~~111 AREA OFFICE I 7001 BRYAN TOWER -FOURTH FLOOR II DALLAS, TEXAS 75701 REGION VI air 5 1918 FFDE,7AL DUILDING 110000MMETiCE STREET IN REPIY REFER TOI DALLAS TEXA575202 6.1PP:PM Honorable Elinor Hughes Mayor Denton 215 East McKinney Denton, Texas 76201 O C T 1976 Dear Mayor Hughes: CITY Ui Subject: Project No. B-76-DS-18-0027 MAIIACIO.Oi4i;,!. Community Development Block Grar.t il,ied I am pleased e ato inform you that we mount of $192,000.00. have The approved approved t program l year is from above in the amount of $192,000,00. The approved program year is from OCT 5 1976 through 4 OCT 1977' Although your application has been approved, you may not spend any Community Development Block Grant funds or commit any funds for any of your proposed activities that require environmental clearance. Therefore, you should not start the design, advertise for bids, or in any way initiate the activities shown below until you have completed the environmental review and have received clearance from this office: Upgrade Sanitary Sewer Upgrade Water System Reconstruct Streets Thes3 activities are also listed in Paragraph 17(a) of the enclosed Funding Approval, Form HUD-7082. You may, however, incur charges against the funds approved by this letter for exempt or reviousI cleared activities. The exempt or previously-cleared activities listed in Paragraph 16 b of the enclosed Funding Approval, Form HUD-7082) are the following: Contingency Enclosed are three copies of the Form HUD-70821 Funding Approval Under Title I of the Housing and Community Development Act of 1974. Please execute them and return two copies to this office. Ftr s under this program are paid to grantees only through use of a Letter of Crodl+. Another letter will be sent to you in the near future detailing the requirements for the Letter of Credit. r _2_ We look forward to working with you in this program. if we may be of any assistance, or if you have any questions concerning this letter, please write me at the address shown on our letterhead or telephone your CPD Repre- sentative, Mr. Gene Wright, at (214) 749-1701- Sincerely, / - 4"vi'l R. McDowell ea Director Enclosures cc: Mr. Jim White City Manager of Denton i I • 'X •s G ~ F i . OATH OF OFFICE I. LEONARD LOGAN , do solemnly swear (or affirm) that I will faithfully execute the duties of the office of PARKS'A RECREATION BOARD MEMBER ~ of the 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. 41- Subscribed a sw -to before me the and igned on this the o day of A.D. 14. G, To certify ATF-- witness my n an sea of off ce. EC T R CITY OF DENTON, TEXAS I k~ -v rt ~i° Q<. A ~ OATH OF OFFICE I, JOE TEAFF do solemnly swear (or affirm) that I will faithfully execute the duties of the office of PARKS A RECREATION BOARD MEMBER of the 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 th;; State and the Charter and Ordinances of this City, Subscribed and.sw ~n t efore me the unlersj n d on this the day of , A.D. 19 To certify which witness my an and sea of office. ~I SECRETARY CITY OF DENTON* TEXAS • k~ k t fi ~ ~ ~ ~ ~ • RECE(VEO OCT 1 5 We LONE STAR GAS COMPANY STATEMENT OF GAS PURCHASED DURING THE MONTH OF SEPTEMBER, 1976 AND DETERMINATION OF THE AUTIICRIZED CITY GATE RATE* ADJUSTED rOR CHANGE IN COST OF GAS PURCHASED IN ACCORDANCE WITH ORDER OF THE RAILROAD COMMISSION OF TEXAS UNDER DOCKET NO. CUD-588 Line Average No. MCF Price Amount 1 Purchased From Non-Affiliated Suppliers 34 682 629 $ 1.1467 $ 39 771 691 2 Purchases From All Sources 38 713 269 1.1489 44 476 750 3 Lesser of Lines 1 and 2 $ 1.1467 4 Average Purchase Price GUD-588 .7229 5 Difference Between Actual and Base Prices .4238 6 Gas Cost Adjustment (85% of Line, 5) .3602 7 Recovery of Out-of-Period Lo-Vacs Coate Pursuant to Final Order of the Railroad Commission of Texus in Gas Utilities Docket-662 .0100 3 Base City Gate Rate Authorized Under GUD-588 1.0399 9 City Gate Rate to Become Effective October 20, 1976 1.4101 '4Intrr~.:ompany charge for gas delivered to Distribution Division for sale to residential and commercial customers and for distribution unaccounted-for gas. Notes Purchases of 485,583 Mcf in the amount of $297,468.15 have been excluded because this gaa is sold before entering Lone Star Gas Company facilities. I hereby certify that the above is true and correct to the best of my knowledge and belief, 0 c E' nw Fors Lone Star Gas Company Dai:et October 11, 1976 Bys VCT .1.4 7 ISIS Titles Vice President and Cnntroller CITY OF DENTON MANAGER'S OFFICE r• OUP-OF-PERIOD ADJUSTMENTS SEPTUSER, 1976 I TF1~J N 1. IN EXCESS OF $S,000 SUPPLIER TINE PERIOD MSCF *UJNT MPS Production Co. 6/74-7/76 3570555 $113,512.97 Mobil Oil Corp. 6/76-8/76 770,400 440116.96 Shell Oil Cr. 3/76-7/76 1519613 140,538.07 Texaco, Inc. 1/76-8/76 4200521 21,176.25 Mitchell Energy 5/76-8/76 363,004 32,670.36 Samedan Oil Corp. 8/76 111,421 7,835.46 Samedan Oil Corp. BJ76 95,761 60706.14 Texas N111 Oil F, Gas 8/75 3,000 50700.00 W. L. & N. Miers 7/76 110912 17,868.75 Warren Pet. Corp. 1/76-8/76 8050284 79,843.88 Aminoil USA, Inc. 1/76-6/76 2350409 160544.75 Mobil Oil Corp. 11/70-12/72 31710,898 (62,138.41) "7,036,778 $424,375.18 II. 11;S=, MM $50000 1/76-8/76 " 396,916 51,618.58 III. TOTAL I AND II "1,433.694 $475,993.76 IV. CORRECTIONS RELATING TO PRIOR PERIODS 218 856 ($675 914.79 V. TOTALS 1, If AND IV 7,214,838 ($199,921.03) "Does not affect current month's volume. ""There is no relationship between the volume and amount. A i II E ~,`y I f Ii !1{ 4iL A ' LAWYER, S TITLE OF DENTON October 11, 1976 Mr. Brooks Holt Anicipal Building City of Denton Denton, Texas 762C-' Be: Our File No, D-76-974 RF 2.057 acres, R. J. Moseley Survey, Abst. No. 803, Denton County, Texas. Dear ice. Holt: In o mpliance with our agreement, in cownction with the exchange of Clot Claim Deeds for the above captioned transaction, we enclose herewith a certified copy of the Quit Claim Deed signed by Mr. and Mrs. Fuller at closing. The two Deeds will be recorded concurrently on October 12, 1976. Thank you for your fine cooperation and help in this matter. If there is :atything else you need from us, please let us hear from you. Very truly yours, (Mrs.) Ruth A. Foote, Manager RAF Encl. . 324Eo31Mc*v)"SkW - DsnM(%Texa 162N • 6111387.M • MekoPhon,.%N/434-2M ri~iru LONE STAR :AS COMPANY STATEMENT OF GAS PURCHASED DURING THE MONTH OF SEPTEMBER, 1976 AND DETERMINATION OF THE AUTHORIZED CITY GATE RATE* ADJUSTED FOR CHANGE IN COST OF GAS PURCHASED IN ACCORDANCE WITH ORDER OF THE RAILROAD COMMISSION OF TEXAS UNDER DOCKET NO. CUD-588 Line Average No. MCF Price Amount 1 Purchased From Non-Affiliated Suppliers 34 682 6:9 $ 1.1467 $ 39 771 592 2 Purchases From All Sources 38 713 269 1.1489 44 476 750 3 Lesser of Lines 1 and 2 $ 1.1467 4 Average Purchase Price CUD-588 .7229 5 Difference Between Actual and Base Prices .4238 6 Gas Cost Adjustment (85% of Line 5) .3602 7 Recovery of Out-of-Period Lo-Vacs Costs Pursuant to Final Order of the Railroad Commission of Texas in Gas Utilities Docket-662 .0100 8 Base City Gate Rate Authorized Under GUD-588 1.0399 9 City Gate Rate to Become Effective October 20, 1976 1.4101 *Intracompany charge for gas delivered to Distribution Division for sale to residential and commercial customers and for distribution unaccounted-for gas. Notes Purchases of 485,583 Mcf in the amount of $297,468.15 have been excluded because this gas is sold before entering Lone Star Gas Company facilities. I hereby certify that the above is true and correct to the best of my knowledge and belief. Fors Lone Star Gas Company Dates October 110 1976 Bys Titles Vice President and Controller y ~ OUT-CF-PFRIOD ADJUSTMENTS SEVIDIBER, 1976 ITEM, N 1. IN EXCESS OF $5,000 SUPPLIER TIME PERIOD MCF AM0M, MPS Production Co. 6/74-7/76 357,555 $113,512.97 Mobil Oil Corp. 6/76-8/76 7700400 440116.96 Shell Oil Co. 3/76-7/76 151,613 1400538.07 Texaco, Inc. 1176-8/76 4200521 210176.25 Mitchell Energy 5/76.8/76 3639004 320670.36 Samedan Oil Corp. 8/76 111,421 70835.46 Samedan Oil Cxirp. 8/76 95,761 6,706.14 Texas N/F. Oil 5 Gas 8/76 3,000 5,700.00 W. L. $ D1. Miers 7/76 11,912 179868.75 Warren Pet. Corp. 1/76-8/76 805,284 799843.88 Aminoil USA, Inc. 1/76-6/76 2350409 161544.75 Mobil Oil Corp. 11/70-12/72 3,7100898 (629138.41) "790369778 $424,375.18 II. LESS THAN $5,000 1/76-8/76 " 396,916 51,618,58 I III. TOTAL I AND II "71433,694 $475,993.76 IV. ODIRECTIONS RELATING TO PRIOR PERIODS 218 856 {$675,914.79) V. TOTALS I, II AND 1V 7,214,838 ($1999921.03) "Does not affect current month's volume. ""There is no relationship between the volume and amount. r' e.. AC .9b r ~ J ~ o C X DEED RECORDS THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON 214D THAT JAMES H. JONES, H. M. BURGESS, BILLY P. JONES AND J. DON HARVEY . Of Denton County, Texas , in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration in band paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by these presents grant, bargain, sell and convey unto to the City of Denton, Texas the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following descril•ed property, owned by them . Situated in Denton County, Texas, in the ti E. PUCHALSKI Survey, Abstract No. 996 All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the E. Puchalski Survey, Abstract No. 996, and also'being'part.of a tract of land as conveyed from J. M. Jones and H. M.'Burgess tp`Billy R. Jones and J. Don Harvey by deed dated February 23, 1976, and recorded in Volume 775 Page 183 of the Deed Records of Denton County, Texas, and mo;e particular described as follows: COMMENCING at the southeast corner of said tract, said point lying in the west right of way line of Bryan Street; THENCE north along the east boundary line of said tract same being the west right of way line of Bryan Street a distance of 89.5 feet to the point of beginnings :'HENCE west a distance of 44.7 feet to a point for a corners THENCE north a distance of 1.6 feet to a point for a corners THENCE east to a point in the east boundary line of said tract, same bean the west right of way line of Bryan Street a distance of 44.7 feet for A corners THENCE south along the east boundary line of said tract, same being the west boundary line of Bryan Street a distance of 16 feet to the place of beginning and containing 715.20 square feet of land, more or less. And It Is further agreed that the said City of Denton, Texas , In consideration of the benefits above set out, will remove from the property above described, such fences, buildings end other obstructions as may now be found upon sold property. For the pr.rpose of constructing, installing, repairing and perpetually maintaining electric utilities in, along, upon and across said premises, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen and representatives having Ingress, egress, and regress in, along upon and across said premises foiir~~the purpose of making additions to, Improvements on and repairs to the said eanyopaitihertTSties, or I TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for ' the purposes of esaid the premises above described. Witness hand , this the a Y day of o *r A. D. 19 76 J HARVEY ' , vct 09 i'AE X89. SINGLE ACKNOWLEDGMENT fAiE ~ou. THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF DIMON...... In and for said County, Texas, on this day personally appeared JameS H._ Jones.t_ H. M. BurCJessJ_-- B Z j y R._j4nes -and __j'---D9n_ H _ ~ > i Y ~ r - - - b e t t~ persons .-.whose name S.- aresubscribed to the foregoing instrument, and acknowledged to me that.. , he Y. .uecu the same for the purposes and consideration therein llexpressed. GIVEN U %~ER MY HAND AND SEAL OF OFFICE, This _.i~-._. day A.D. 1976_ Notary PubItc D nton _ County, Texas 0, ° My Commission Expires June 1, 1977. u SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, l BEFORE ME, the undersigned authority, COUNTY OF---- r In and for said County, Texas, on this day personally appeared known to me to be the person_.___vrhose name subscribed to the foregoing instrument, and acknowledged to me that__ he executed the same for the purposes and consideration therein expressed, GIVEN UNDER MY HAND AND SEAL OF OFFICE, This .--._-_.___.day of------ ~ A.D. 19 Notary Public, County, Texas _ My r nmmtsminn Expires June 1, 19 CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY of _ _ In and for sold County, Texas, on this day personally appeared. _ known to me to be the person and office whose name is subscribed to the fureyAnT instrument and acknowledged to me that the same was the act of the sold . a corporation, and that he executed the same as the art of much corporation for the purpracs end consideration therein expressed, and In the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of A.D. 19 . Notary Public, County, Texas My Commission Expires June 1, 19_.-- • CLERK'S CERTIFICATE THE STATE OF TEXAS, . , County COUNTY OF.. ~ Clerk of the County Court of said County, do hereby certify that the foregoing instru_yWO1I0? rriting dated on the - day of.............................................................., A. D. 19....,..., with its^Certiflcater,~j;htyaon, was filed for record in my office on the.~ ................day of............. ~'L ii+sa ~j' ~r~ . M., and duly recorded this da of...........__. tom.. pyN! p pia, M. in the Records of 1 rAy, M , on pages WITNESS MY HAND AND SEAL OF THE COUNTY COUR' 'fta office I11,tt4 the day and year ynP¢tove written 1 17 Covty CI f ..............C y, Texas. L, 8.) By...,...... w f,1N.O Deputy. Ahl I fi ~ r III. 1 o ~t I I 444e r x„e~a swlao~e. cs. n.~ DEED RECORDS THE STATE OF TEXAS 9 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON THAT JACK BELL 208SO of Denton County, Texas , in consideration of the sum of ONE DOLLAR ($1,00)---------------------- and other good and valuable consideration in hand paid by the City of Denton,Texas receipt of which is hereby acknowledged, do by these presents grant, bargain, sell and convey unto to the City of Denton, Texas , the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, owned by him . Situated in Denton County, Texas, in the A. Hi 1 Survey, Abstract No. 623 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 A. Hill Survey, Abstract No. 623, and being part of Lot No. 1R, Block 15 of the Alex Robertson Addition Replat an addition to the City/County of Denton, and also being part of a tract of land as conveyed from Estate of J. C. Teasley to Jack Bell by deed dated April 16, 1975, and recorded in volume 741, Page 752 of the Deed Records of Denton County, Texas, and Mora parti- cularly described as followss COMMENCING at the northwest corner of said tract, said point also being the northwest corner of Lot 1R,Block 15 Alex Robertson Addition Replat as recorded in Volume 13, Page 16 of the Plat Records of Denton County, Texas, said point also lying in the south right of way line of Dallas Drive; THENCE south 440 12r east along the south right of way line of Dallas Drive, same being the north boundary line of said Bell tract, a distance of 145.4 feet to the northeast. corner of Lot 1R, Block 15 Alex Robertson Addition Replat for the point of beginning; THENCE south along the east boundary line of said Lot 1R,Block 15 a distant of 355 feet to a point for a corner; THENCE west a distance of 16 feet to a point for a corners THENCE north 16 feet west of and parallel with the east boundary line of said Lot 1R, Block 15 a distance of 371.45 feet to a point in the south right of way line of Dallas Drive same being the north boundary line of sail Bell Tract also being the north boundary line of said Lot 1R, Block 15 for o corner; THENCE south 440 121 east along the south right of way line of Lallas Drive same being the north boundary line of said Bell Tract also being the north boundary line of said Lot 1R, Block 15 a distance of 22.95 feet to the place of beginning and containing 5811.6 square feet of land, more or less. And it is further agreed that the said City of Denton, Texas , In consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstructions as may now be found upon said property. For the purpose of constructing, installing, repairing and perpetually maintaining public utilitieu in, along, upon and across said premises, with the right and privilege at all times of the gractee herein, his or Its agents, employees, workmen and representatives having Ingress, egress, and regress in, along upon and across said premises for the purpose of making additions to, Improvements on and repairs to the said pubyliictsreojties, or an par TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. %;tness my hand , this the Mora, day e c er , A. D. 19 76 c vot 809AC~ .5. SINGLE ACKNOWLEDGMENT L Q 809 PACE 6 COUTHENTY of STATE DEN TON TEXAS, BEFORE BIE, the undersi»ed, authority, in and for said County, Texas, on this day personally a ppeared . v known to me to be the persun .....whose name .is.... subscribed to the foregoing instrument,:on~'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 oL__QQ><52 v. A.D. 1976- Notary Public, _.__.:'._Count;, Texas My Commission Expires June 1, 19 7.7. SINGLE ACKNOWLEDG51ENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF.__------------...._.._ In and for said County, Texas, on this day personally appeared _ known to me to be the person.-whose name -subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This........ _.__-_day cf----_-__-._.-.., A.D. 19._ . ( L.S. ) Notary Public, County, Texas My Commission Expires Juno 1, 19 CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS, 1 COUNTY OF_........ _ J BEFORE h1 E, the undersigned authority, in and for said County, Texas, on this day personally appeared known to me to be the person and oMcer whose name to subscribed to the foregoing Instrument and acknowledged to me that the same was the act of the said _ a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND S sAL OF OFFICE, This......- day of . A.D. 19 (LS.) _ Notary Public, - _ County, Texas My Commission Expires June 1, CLERK'S CERTIFICATE THE STATE OF TEXAS, ~nt'aiil:V t+(.°" `gun«„tii~ en.sea.......... County COUNTY OF.................. rt t thst this Clerk of Ins4uma e a was duly to, the County Court of said County,' do hVell , ,tb6*.ny?~9r. .1% waitsftPent of writing dated on the day of .........~a~ eil!a~"1 '4iH4 We of Authentication, was flied for record In my office on the day of-..,.-, ' , A. D. 11 , at o'clock M., and duly recorded this........... day ol....... . C1C~ ...~Dti7... at o'clock M , In the R d said-Eeunt iu Vo 0 , on pages WITNESS MY HAND AND SEAL OF THE CO U rif , ce ln....._ th c e le ae - ~owtOf,1A1 ur n County Clerk County, Texas. (G S) By . Deputy. i 4 ~i 69 ~3 py 1 F LE(4 $i ; I ! w s COMMISSION STATE DEPARTSIENT OF IIIC11WAVS ENGINEER DIRECTOR REAGAN HOUSTON. CHAIRMAN AND PUBLIC TRANSPORTATION B L DEBERRY DEwITT C. GREER P.O. Box 3067, Dallas, Texas 75221 CHARLES E. SIMONS October 18, 1976 IN REPLY REFER TO FILE NO Control 8450-18-1 Project M S450(1) M.H. 155: Carroll Street in Denton, From U.S. 377 North approximately 0.9 miles To Hickory Street Denton County Mr. Jack Owen Director of Public Works Municipal Building 215 East McKinney Denton, Texas 76201 Dear Mr. Owen: Attached please find a fully executed copy of the agree- ment in connection with the construction of the above captioned project. This copy is for your files. Yours very t , ohn 0. Keller District Engineer Attachment r 5 G M S450(1) 8450-18-1 Denton County • STATE OF TEXAS X COUNTY-OF TRAVIS THIS AGREEMENT, made this day of 64r-2 , 19760 by and between the City of Denton, Texas, hereinafter called the "City", Party of the First Part, acting by and through its City Council and the State of Texas, hereinafter called the "State", Party of the Second Part, erting by and through it* tate highway and Public Transportation Commission. WHEREAS, the City desires the construction of concrete curb and gutter, storm sewers and incidental items within the liL.its from U. S. Highway No. 377, north approximately 0.9 mile to Hickory Street on Metropolitan Highway No. 1.55, which is solely the City's responsibility and the City has requested the State, to construct or have constructed this work. The State will construct or have constructed this work for and on behalf of the City and at the City's sole expense, excluding preliminary engineering. The estimated construction cost of this work is Four Hundred Ninety Your Thousand Two Hundred and No/100 Dollars ("4949200.00), in- cluding contingencies and construction engineering,'and • WHEREAS, the City by the execution of this agreement agrees to the terms and conditions of Commission Minute No. 694060 as it applies to the City, a copy of which is attached hereto and marked "Exhibit A" and fide a part of this agreements 1, 4 NOW VIEREFORE, it is understood that this proposed work will be constructed by the State and the City will transmit to the State with the return of this agreement, executed by the City, a warrant or check made payable to the State Treasurer, Account of Trust Fund No. 927 in the amount of Four Hundred Ninety Four Thousand Two Hundred and No/100 Dollars ($494,200.00), to be used in paying for the proposed work required by the City in the City of Denton. It is further understood that the Stace will construct only those items for the City as requested and required by the. City and the entire cost of such.items, excluding preliminary engineering, will be borne by the City. If the State elects to receive bids and if upon receipt of bids by the State and/or the actual construction and/or approved changes in the contemplated improvements it is found that this amount is insufficient to pay the City's portion, then. the City upon request of the State will forthwith supplement this amount by an amo••nt equal to the City's full estimated or actual share of the cost of this work less the amount previously paid into Trust Fund No. 927. In the event the amount as paid is more than the actual tost, then the excess amount will be returned to the City. 'It is further understood that the work to be done on behalf of the City, as herein provided, will include the cost of contingencies and construction engineering. It is further under- stood that the City by the execution of this agreement agrees to the terms and conditions of Commission Minute No. 69406, as it 2, applies to the City, a copy of whf:h is attached hereto and marked "Exhibit A" and made a part of this agreement. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate on the day above stated. CITY OF DENTON STATE OF TEXAS Party of the First Part STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION ay: _ Party of the Second Part Certified as being executed for the By: purpose and effect of activating and/ IMem r of ity Council or carrying out the orders, established policies, or work programs heretofore By: approved and authorized by the State r Council Highway and Publ c Transportation J Commission: BY s tuber of Cit Council By: Asst. Engineer-Director under By: authority of Commission Minute Member f ity until 70104 Recommended for execution: (gtate),Direectto__v, Finance p~a~ 3. WHEREAS, in DENTON COUNTY, the City of Denton has requested assis- tance in reconstruction of grading, structures and surfacing on Carroll Street from Hickory Street to U.S. Highway 377, a distance of approxi- mately 0.8 mile; and WHEREAS, it is anticipated that Carroll Street will be included in the Urban System; and WHEREAS, it is the desire of the Texas Highway Department to assist the City of Denton in such work; NOW, 1HEREFORE, the State Highway Engineer is directed to tender the following proposal to the City of Denton: Frovided the City wili: 1. Furnish all required right of way clear of obstructions with acquisition procedures to be in accordance with applicable Federal and State laws governing the acquisition policies for acquiring real property. 2. Provide for the adjustment of utilities, the construction of continuous curb and gutter, storm sewers, driveways and side- walks, all as may be required and all in accordance with gov- erning policies and regulations of the Highway Department. 3. Maintain all of the work constructed as part of the project and agree to regulate traffic, prohibit parking and prevent encroachment on the right of way, all in accordance with g.v- erning policies and regulations of the Department. Subject to the availability of Federal-aid Urban System funds and the eligibility of the proposed work for financing with said funds, the texas Highway Department will: 1. Prepare construction plans and specifications. 2. Provide for reconstruction of grading, structures and surfacing at an estimated'cost of $834,000.00 as authorized-in the Texas Highway Department 1974 Urban System Program. Upon acceptance of the provisions of this Order by the appropriate officials of the City of Benton, the State Highway Engineer is directed to enter into agreement with. the City covering the details of the proposed I!aprovementsI to proceed with the engineering development of the project and after the City has fulfilled its respUnsibilities, to proceed with construction as authorized herein in the most feasible and economical manner. Minute No. 69406 - Continued It is undei,tood that the City may discharge its construction obligations as outlined herein in any manner as they may elect. In the event the City desires the State to include its portion of the work in the State's construction contract, the State Highway Engineer is hereby authorized to enter into agreement with the City for such work and its cost as may be agreed upon. This Order shall become operative upon acceptance by the City of Denton and if not accepted within 90 days of the date hereof, the action herein contained shall be automatically cancelled. Minute No. 69406 October 1, 1974 COPY "EXHIBIT A" A f k> Jc , S ~t v; ~ ~ ~ , y . ~ ~i 4 i. _ - ' _ ~ < - r ~ _ r~ . J _ ~ ~ c ~ _ h y = ~ 1r F ~ 4~ ff~Fi l ri _ `r _ _ _ n - - r h 7 _ i _ ..J c ~j ~ N=_ nL I „ - ~ ~ t: ir, I n• ~ I 4t 1 _ r Y 1 _ / /r n ~r ~ _ { I _ _ _ _ y? _ _ _ _ 1" ~ j ~ ~ ~ _ i lo~T11. - }~^J ~ i~~n. 17 7 Y y _ I'~ - _ I 17 I I. ~ z `p ' ~ O i ~~1 'Ci ~ ~ i ro J ~ y _ ~ cf_' ~ 3, a+* 1 E x. rn = ~I y r ~ r D i l r J ~ e P ~ r ~ 4 voi 821 PACE 994 FILED \ DEED RECO§b§., G ~7 v OCT 1 1976 No. d S ~p ~ vu Nu.L THE CITY OF DENTON, TEXAS S CONDEMNATION RE vs. S THE JUDGE OF THE COUNTY COURT AT SAM HILLIARD and WIFE, MRS. SAM HILLIARD S LAW OF DENTON COUNTY, TEXAS jJJUDGMENT , 2461 On this the ~l day of October A. D. 1976, the above matter was called to the attention of the Judge of the County Court At Law of Denton County, 'texas, and the Court, after having reviewed all of the pleadings on file in said Cause, finds that this is a Condemnation suit wherein the City of Denton, Texas, a municipal corporation and home rule City, sought to condemn a tract of land in the City of Denton, hereinafter described, for public street purposes, mid the Court finds that said Petition and Statement of the City of Denton, Texas, was filed against the Defendants, Sam HilifArd and Wife, Mrs. Sam Hilliard oa December 29, 1975; that the Judge of the County Court at Law of Denton County, Texas, did on the 29th day of December, 1975, appoint R. L. McNabb, D. B. Boyd and C. H. Enlow as Special Commissioners to assess the damages occasioned by such Condemnation, as provided for by law; that said Commissioners were duly qualified to serve and took the Oath as required by law and duly set a date for a hearin$1 and that said Defendants, and each of them, were duly served with the Notice of Hearing in the manner provided for by law= that thereafter, said Special Commission did hold such hearing, and the Defendants appeared in person, and the City of Denton appeared by and through its Attorney of Record, and after such hearing the Special Commission did on the 28th day of January, 1976, make and sign their Award of damages in said Cause in favor of Sam Hilliard and Wife, Mrs. Sam Hilliard, in the total sum of $908.251 and that said Award was duly filed with me, said Judge, on January 29, 1976; the Court further finds that none of the parties, Plaintiff nor Defendants, have filed any Appeal from the Award of said Special Commission; and that the time for the filing of any Appeal has long since expired; and that this Court has thn administrative duty to adopt and enter the Award,of the Commission as the Judgment of this Court and to render Judgment awarding the property hereinafter referred to, to the City of Denton, Texas, for public street purposes, inasmuch as it has been made to appear to the Court that the City of Denton, Texas, has simultaneously with the entry of this Judgment paid over to the Clerk of this Court for the benefit of Sam Hilliard and Wife, Mrs. Sam Hilliard, the sum of $908.25, same being the amount of the Award of the Special Commission. IT IS, THEREFORE, THE ORDER, JUDGMENT AND DECREE OF THIS COURT: That the City of Denton, Texas, do have and recover of and from the Vefendants, Sam Hilliard and Wife, Mrs. Sala Hilliard, the fee simple title and poaseaaion of the following described property: Being a 3,633 square feet tract off the West end of a lot conveyed to Joe Bill Davis by Lucille A. ♦ Edwards by Sales Contract dated April 1, 1963 and Recorded in Volume 492 Page 276 Deed Records of Denton County. BEGINNING at a point in the South line of the Davis tract 314.0 feet S 89° 46' 06" W from the South East corner of the Davis tract said corner being in the center of Myrele Street; THENCE S 890 46' 06" W along said line, crossing Centerline at Station 73+19.4, 75.47 feet to the South West corner of the Davis tract; THENCE N 0° 21' 06" E along the West line of said tract 58 feet to the North East corner of said tract; THENCE N 89° 46' 06" E along the North line of the Davis tract and the South line of the Kays tract 50,26 feet to a point 50 feet radially from Centerline Sta- tion 73+62,15; THENCE Southerly along the are of a curve to the left that has a radius of 1,382,39 feet, 51,56 feet to a point 50 feet radially from PC Station 73+08.74; THENCE S 240 04' 54" E parallel to and 50 feet from Centerline, 11,45 feet to the place of begin- ning and containing 3,633 square feet of land, v 821 PA 995 Page 2-JUDGMENT OL 821 PAGE 996 It is the furthet Order. Judgment and Decree of the Court that the Award of the Special Commission in the sum of $908.25 be and the same is hereby adopted as the Judgment of this Court, and it appearing to the Court that the City of Denton, Texas,has tendered said amount into the registry of this Court for the benefit of said Defendants, Sam Hilliard i and Wife, Mrs. Sam Hilliard, the Clerk of this Court is hereby authorized and directed to pay over said sum to the said Sam Hilliard and Wife, Mrs. Sam Hilliard, and Defendants shall take nothing further from the City of Denton, Texas. The Clerk of this Court is hereby authorized and directed to Inter this Order and Judgment of Record in the Minutes of the County Court at Law of Denton County, Texas, as the final Judgment of this Court, RENDERED, this day of Octotier A. D. 1976. 041nal Siinc6 By f. RAY mARnN Judge o the County Court at -Caw of Denton County, Texas page 3-JUDGMNT CERTIFICATE THE STATE OF TEXAS COUNTY OF DENTON I, MARY JO HILL, Clerk of the County Court at Law of Denton County, Texas, do hereby certify that the foregoing is a true and correct copy of the Judgment of the County Court at Law of Denton County, Texas, rendered on the day of October , A. D 1976, as the same appears in the Minutes of said Court. L-. Given/ under my Hand and Seal of Office, this / day of ly - A. D. 1976. MA:cY JO HILL ,,•••••,,,~n ~ -County Clerk of e County Turt at Law of bentbn County,-.%6xas 4 BY: ~Y e uty F Page 4-Certificate attached to Judgment i' r r 1 ' O lu C) f•~ VOL 821 MAN ate,, °°c~ W ~rt~ Wd~~, a~ W a,.~aan" t'm,~~►r.~ta ~ o ded InrotilT/M"OMO ot Don f EB 10 19 oil ac"x' powRh ~ i FILED OCT 1 197 DEED REMM M iV;4 ~V kill L 'TON NO. 8351 THE CITY OF DENTON, TEXAS § PROCEEDINGS IN EMINE}.T DOMAIN VS. § IN THE COUNTY COURT AT LAW OF JOSEPH L. NORMILE AND WIFE, EDYTHE NORMILE § DENTON COUNTY, TEXAS ORDER FOR IMMEDIATE POSSESS/ION 747' On this the A L-t day of A*bA / , A. D. 19760 in the above Cause, came on to be considered the Application for Order of Immediate'Possession filed by the Plaintiff, the City of Denton, Texas, to enable it to take possession of the property described in Exhibit A, hereto attached and made a part hereof, pending this litigation; and it appearing to the Court that there is now pending in this Court a Proceeding in Eminent Domain, being in the nature of an Appeal from the Award of the Special Commission heretofore appointed to assess the damages by reason of 4such Condemnation; and it further appearing to the Court that the Plaintiff hss deposited the amount of such Award with the Clerk of this Court as provided for by law; and that in the opinion of the Court, under the Statutes of the State of Texas, the Plaintiff is entitled to immediate possession of the property so described in Exhibit A; IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED by this Court that the City of Denton, Texas, is entitled to im- mediate possession of the property described in Exhibit A, hereto attached and made a part hereof; and that the right of im- mediate possession is hereby awarded to the City of Denton, Texas, It is further ORDERED by the Court that in the event this Order is not obeyed, that a Writ of Possession shall issue in favor of the City of Denton, Texas, to effect the delivery of the immediate possession of said property to thn City of Denton, Texas, as against the Defendant landowners, Joseph L. VOL X22 WE' Normile and Wife, Edythe Normile. IYGI 822 PAGE 458 ~G RENDERED AND ENTERED, this the / day of A. D. 1976 Original S~sncd By 1. RAY MARTIN Judge, County- Cc_rt At aw, Denton Cotnty, Texas Approved as to form: EARL L. COLEMAN Coleman, Philips & White Attorneys for Plaintiff, ithl ity ofas ney f i Def dantsh L. rmi and F the le Page 2.ORWR FOR MEDIATE POSSESSION 'MMIlISIT A' FIRST TRACT Be ng a 43,269 square feet tract out of a parcel conveyed to Joseph L. Normile by James H. Normile by deed dated February 8, 1960 and recorded in Volume 453 Page 593 Deed Records of Denton County. BEGINNING at a point in the South line cf the Normile tract 179.20 feet N 89° 46' 06" E from the South West corner of the Normile tract. Said point being 50 feet radially from Centerline Station 73+40.15; THENCE along the arc of a curve to the right that has a radius of 1,482.39 feet, 385.91 feet to a point 50 feet radially from Centerline; THENCE N 48° 35' 50" W, 74.71 feet to a point in the S,.)uth line of Eagle Drive; THENCE N 890 44' 51" E along the North Line of the Normile Tract 194.09 feet to the North East corner of the Normile tract; THENCE S 0° 21' 06" W along the East line of the Normile tract 421.20 feet to the South East corner of said tract; THENCE S 890 46' 06" W along the Southline of said tract 33.51 feet to the place of beginning and containing 43,269 square feet. SECOND TRACT All that certain lot, tract or parcel of land lying and bein situated in the City and County of Denton, State of Texas, and being part of the A. Hill Survey, Abstract No. 623, and teing part of a tract of land as conveyed from James H. Normile to Joseph L. Normile by deed dated February 9, 1960 and recorded in Volume 453, Page 593 of the Deed Records of Denton County, Texas and more particularly described as ful lows: BEGINNING at the northwest corner of said Normille Tract, said point of beginning lying in the existing south right of way line of Eagle Drive and also being the northeast corner of a tract of land conveyed by Susie Gray, et al to Joe M. Erwin and James A. Erwin by deed dated June 7, 1968; THENCE east along north boundary line of said Normile Tract, same being the south right of way of Eagle Drive a distance o;' 14.91 feet to a point for a corner; THENCE south 48° 35' 50" east along west right of way line of new Carroll Boulevard, a distance of 19.65 feet to a point for a corner; THENCE west 13 feet south or and parallel to the north boundary line of said Normile Tract, same being the south right of way line of Eagle Drive, a distance of 29.65 feet to a point for a corner said point being on the west boundary line of said Normile Tract; THENCE north along west boundary line of said Normile Tract a distance of 13 feet to the place of beginning and containing 289.64 square feet of land, more or less. voi 822 FnE 459 CERTIFICATE THE STATE OF TEXAS 1V04 MAW COUNTY OF DENTON I, MARY JO HILL, Clerk of the County Court at Law of Denton County, Texas, do hereby certify that the foregoing is a true and correct copy of the order For Immediate Possession of the County Court at Law of Denton County, Texas, rendered on the day of October , A. D. 1976, as the same appears in the Minutes of said Court. Given under my Hand and Seal of Office, this day of October, A. D. 1976, MARY JO HILL unty C er o t e ynty.Court at Law of Denton CoUintyp-.T~xQs PIN I ~o BY : It I ty 1~~~ 1~'{ "mil\4.• i } Y o" 1 13 t. LL61 CAI ~u ~1a1a91 } gmA{ua1°y Wd ISO pu~wn~ 041 ul ue 1199 swY9u1'° FA ua101!411s411 ~goiW 1 ki1+ 1 SOP SCIA "1313 i iNRO~ t1 not 1 NZ ko i c-, C= a a C. f C U r. f~f 7 r z~ 1 .Y. 1 J DEED RECORDS YOt 821 ('AGE 326 THE S'L'ATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON THAT J. H. BRISCOE qqQQ of Denton County, Texas , in consideration 679VAn of One Dollar ($1.00) and other good and valuable consideration in hand paid by the city of Denton, Texas receipt of which is hereby acknowledged, do by these presents grant, bargain, sell and convey unto to the City of Denton, Texa$ the free it and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, owned by him Situated in Denton County, Texas, in the Wm. Loving Survey, Abstract No. 759 All that certain lot:, tract or parcel of land lying and being situated in the City and Count.yof Denton, State of Texas, and being part of the Wm. Loving Survey, Abstract No. 759, and also being part of a tract; of land as conveyed fro: Pearl Hill to J. H. Briscoe and Lillie E. Briscoe by deed dated October 31, 1945 and recorded in volume 318, Page 567 of the Deed Records of Denton County, Texas, and more particularly described as follows: COMMENCING at the southwest corner of said Briscoe Tract; THENCE east along the sough boundary line of said Briscoe Tract a dis- tance of 18.60 feet to the southeast corner of an existing inlet for the place of beginning; THENCE north 00 35' 09" west along the outside edge of the eastern wall of an existing drainage channel a distance of 30 feet to an x-mark in said wall for a corner; THENCE north 890 24' 51" east a distance of 5 feet to a point for a corner; THENCE south 170 30' 09" east a distance of 31,43 feet to a point for a corner in the south boundary line of said Briscoe Tract; THENCE west along the south boundary line of said Briscoe Tract a dis- tance of 14 feet to the place of beginning and containing 285 square feet of land, more or less. And it is further agreed that the acid City of Denton, Texas , In consideration of the benefits above met out, will remove from the property above described, such fences, buildings and other obstructions as may now be found upon said property. For the purpose of constructing, installing, repairing and perpetually maintaining drainage facilities in, along, upon and across said premises, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen and representatives having ingress, egress, and regress in, along upon and across said premises for the purpose of making additions to, improvements on and repairs to the said drainage facilities, or any part thereof. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the preLdses above described. witnas1 my and , this the day of F b o , A. D. 19 76. / - 1~..Hl BRISCOE . r SINGLE ACKNOWLEDG51ENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF =iON In and for grid ivntp eiraa}on this day personally appeared J_H. _13M_CDF 0 0 knowr;t nie ~e the pe on. *hose name. ?.S____-subscribed to the foregoing instrument, and acknowledged to me that. executedthe sed¢ for the purposes and consideration therein expressed. fflcvp lEIY }WAND AND SEAL OF OFFICE, This_..( ..__._.day of.._OCt 8Y D. 19 76 tl J/ v~'' - t Notary Pub Denton Texas My Commission Expires June 1, 19 77 -..---.County, SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, & BEFORE ME, the undersigned authority, COUNTY OF- In and for said County, Texas, on this day personally appeared-_ _ . - known to me to be the person --whose name subscribed to the foregoing instrument, and acknowledged to me that..-- be__. executed the same for the purposes and consideration theretn expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This _.___.day A.D. 19 (1. S.) Notary Public, _ County, Texas My fommission Expires June 1, 19 CORPORATION ACKNOWLEDG51ENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF-. in and for said County, Texas, on this day personally appeared--- _ _ known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said _ _ a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and In the capacity therein stated. GIVEN' UNDER MY 1i'AND 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, h~ K- ~'r~'1~~~ County . e, . ~htF~ titrnh1~t pme4n~ry1 ~tt J~ ...........riti._._.._ COUNTY O I so day of ............................_..........................tq ~11 19_...QitfifllAei&O of Autyhenticetion, was me~t filed for ~ ,ebY pet ~,~p°4h o of wtdting dated on the erk of the Cou County, do record n my ofceton then of sal.. day of..... t4.s1.r..PA a o'clock....... M., and duly recorded this_... ..........dny of..._.._.,....... .a to alnthsvoluiesases 9-........; at..._.....:.':¢o'clock._....,.._ It., in the p0.d, wudtY , ot4eP ecords ofFF Id~iou% , n Volume....-.......- j , on pages a1. WITNESS MY HAND AND SEAL OF THE COUNTY C06 of Id t the de A'd y~r,..,~...... unty VIA fi?! County, Texas. AAA CA. (L, 8,1 By17N Deputy. il1131 , ~ e 0,4 W~ HZ a' ~:iJ~l7j I ((l ~l~! I U .f AT A REGULAR MEETING OF THE DENTON UTILITIES BOARD OF THE CITY OF DENTON, TEXAS, HELD ON THE 18TH DAY OF OCTOBER, A. D. 1976. RE S 01;UT ION WHEREAS, th% rising cost of utilities is placing a severe burden on the citizens of Texas; and t WHEREAS, the high cost of fuels and the rising, cost of other materials and expenses make any lessening, of this burden un- likely; and WHEREAS, the State of Texas is in good financial condition largely because of the increased income from the sale of oil and s gas, which is indirectly responsible for much of the increases in utility costs. NOW, THEREFORE, BE IT RESOLVED, that the Denton Utilities Board urges the Texas Legislature to consider as soon as it con- venes in January, 1977, legislation to remove the state's four r percent portion of the sales tax on electricity sales, as recom- mended by the House Ways and Means Committee in August. PASSED and APPROVED this the 18th day of October, 1976" a' ee- 0 L,-CHAIRi . e , A_ how i k, t co a ~ y :3 m Aga U Q YI C ~ ~ A.. pp pd., pp v rr 0. :1 _oWN. a 5 AytlAg3 Q VJ rt :3 7 µ o a u 0. o rover al V O t9, m tv :3 co > = Z °p is 0> ti m >0 A Y ► U] ~ p x ~ C rt Q " 1 Z 0c > x m tni o m M ny M a, ~ z o zee 'rw a ' ~Q I;; IV 4~ f~ C~ 9 f ~T. c • ~`7 ~~~D ' i~ ' , ' ~ ~ SPECIFICATIONS AND CONTRACT DOCUMENTS FOR THE CONSTRUCTION OF PAVING AND DRAINAGE IMPROVEMENTS ON THE BELL AVENUE EXTENSION PROJECT OCTOBER, 1976 PREPARED BY DEPARTMENT OF COMMUNITY DEVELOPMENT, CITY OF DENTON TEXAS JI IE J.-JONES Cl Y E INEE s ~f PROPOSAL to THE CITY OF DENTON, TEXAS For the Construction of PAVING AND DRAINAGE IMPROVEMENTS on 'PHE BELL AVENUE EXTENSION PROJECT in DENTON, DENTON COUNTY, TEXAS The undersigned, as bidder, declares that the only person or parties interested in this proposal as principalf are those named herein, that this proposal is made without collusion with any other person, firm or corporation; that he has care- fully examined the form of contract, Notice to Bidders, spec- ifications and the plans therein referred to, and has care- fully examined the locations, conditions, and classes of ma- terials of the proposed work; and agrees that he will pro- vide all the necessary labor, machinery, tools, apparatus, and other items incidental to construction, and will do all the work and furnish all the materials called for in the con- tract and specifications in the manner prescribed therein and according to the requirements of the Engineer as therein set forth. 4 It is understood that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. It is agreed that the quantities of work to be done at unit prices and material to be furnished may br increased or dimin- ished as may be considered necessary, in the opinion of the Engineer, to complete the work fully as planned and contem- plated, and that all quantities of work whether increased or decreased are to be perfoined at the unit prices set forth below except as provided for in the specifications. It is further agreed that lump sum prices may be increased to cover additional work ordered by the Engineer, but not shown on the plans or required by the specifications, in accordance witti the provisions of the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered. P-1 It is understood and agreed that the work is to be completed on or before March 1, 1977. Accompanying this proposal is a certified or cashier's check or Bid Bond, payable to the Owner, in the amount of five per- cent of the total bid. It is understood that the bid security accompanying this pro- posal shall be returned to the bidder, unless in case of the acceptance of the proposal, the bidder shall fail to execute a contract and file a performance bond and a payment bond with- in fifteen days after its acceptance, in which case the bid security shall become the property of the Owner, and shall be considered as payment for damages due to delay and other in- conveniences suffered by the Owner on account of such fail- ure of the bidder. It is understood that the Owner reserves the right to reject any and all bids. The undersigned hereby proposes and agrees to perform all work of whatever nature required, in strict accorda;,ce with the plans and specifications, for the following sum or prices, to 1 p-7 PAVING AND DRAINAGE IMPROVEMENTS ON THE BELL AVENUE EXTENSION PROJECT Bid Item Approx. Description w/Unit Prices Unit Extension No. Quan. Written in Words Price Amount 100 Lump Preparing Right-of-Way Sum for c % ~ari✓~nc~ Dollars & • • Cents , Total Lump Sum Price. 110 1,576 Cubic Yards of Unclassi- fied Excavation (Density Control) for Dollars' & Cents er Cubic Yard. 260 51335 Square Yards of 6-inch Lime Treated Subgrade (Density Control) for ^FFt'.10 Dollars & Cents For Square Yard. 254 49 Tons of Type A Lime (Sub- grade) far .',eDullnrs & 5 f.oo ^/e Cents or Ton, 340-A 4,740 Square Ynrdo of 5-inch Asph,/lt Pavement for - oee Dollars & 1: ~y9.v• ye. Cento Per rii bark, .ir . www.wr...ww ................0..... w.........wwwwwwwwwww~www.wrw Did Item Approx. Description w/Unit Prices Unit Extension No. quan. Written in Words Price Amount wwwwrr .............w.w........................w............... 522 1,438 Lineal Feet of Concrete Curb and Gutter for S Sti 01~ Dollars & a~vin!y /%rdG Cents ear Lineal Foot. 524-C .100 Square Yards of 6-inch Reinforced Concrete Drive- way Pavement for Dollars & Cents Per Square ard. 350 Cubic Yards of Compacted Fill, in place, for o0 _ ~n C Dollars & Cents Per Cubic ar . - S.P.-2 400 Lineal Feet of 4" Subdrain ~j2 Dollars & ~Cents e V _r Lineal Foot. 3 5 i SO . TOTAL BID PRICE 4r0 TOTAL BID PRICE IN WORDS 1;7 ve %/.~cq "r~4nc•'~ In the event of the award of n contract to the undorsigned, the undersigned will furnish n performance bond and a pay- ment bond for the full nnsuunt of the cuntrnet, to secure proper compliance with the terms and provisions of the con- trnet, to insure and guarantee the work until. final comple- tion aind nccepLonce, .ind to f,uarlavo paywcut of all Lawful elnims for. Iiihor perf;orim-d and materials furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall be -accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Unit and lump-sum prices are shown in words and figures for each item listed in this proposal, and in the event of a discrepancy, it is understood that the words shall control. `Contractor ey 4' '!'--~T i t e Seal & Authorization Street Address (if a Corporation) ' amity an State) (Telephone Number P-5 • va 821 PAGE 990 O DEED RE'CORD9~ r r. NO. 84Q4c rr N THE CITY OF DENTON, TEXAS § CONDEMANTION PROCEEDII S BEFORE VS. § THE JUDGE OF THE COUNTY COURT EDNA KAYS ET AL § AT LAW OF DENTON COUNTY, TEXAS FINAL UDGiENT 2460 On this the i0, r-~ day of ls/~ A. D. 1976, the above matter was called to the attention of the Judge of the County Court at Law of Denton County, Texas; and the Court, after having reviewed all of the pleadings on file in said Cause, finds that this is a Condemnation suit wherein the City of Denton, Texas, a municipal corporation and home rule City,.sought to condemn a tract of land in the City of Denton, hereinafter described, for public street purposes, and the Court finds that said Petition and Statement of the City of Denton, Texas, was filed against the Defendants, Edna Kays, a single person, as the landowner, and certain taxing units, to give said taxing units an opportunity to file any claim for taxes, none of which were filed, said petition and Statement having been filed on the 31st day of March, 1976; that the Judge of the County Court at Law of Denton County, Texas, did on the 31st day of March, 1976, appoint R. L. McNabb, D. B. Boyd and C. H. Enlow as Special Commissioners to assess the damages occasioned by such Condemnation, as provided for by law; that said Commissioners were duly qualified to serve and took the Oath as required by law and duly jet a date for the hearing; and that said Defendants, and each of them, were duly served with the Notice of Haring in the manner provided for by law; that thereafter, said Special Commission did hold such hearing, and the Defendant, Edna Kays, did appear in person, and the City of Denton appeared by and through its Attorney of Record, and after such nearing, the Special Commission did on the 23rd day of April, 1976, make and sign their Award of damages in said Cause in favor of Edna Kays, in the total sum of $664.25; and that said Award was duly filed with me, said Judge, on April 28, 1976; the Court further finds that the Defendant did not appeal from'said Award, but that the Plaintiff did appeal from said Award but has now filed herein its Motion to Dismiss said Appeal and has prayed for the Court to adopt and enter the Award of said Special Commission as the Judgment of this Court and to render judgment awarding the property hereinafter described to the City of Denton, Texas, for public street purposes, inasmuch as it has been made to appear that said City of Denton, Texas, has paid the amount of said Award into the registry of this Court, and said amount has been paid over to said Defendant, Edna.Kays, by the Clerk hereof: IT IS THEREFORE THE ORDER, JUDGMENT AND DECREE of THIS COURT: That the City of Denton, Texas, do have and recover of and from the Defendant, Edna Kays, the fee simple title and possession of the following described property: All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being out of the Alexander Hill Survey, Abstract No. 623, on the West side of Myrtle Street, and being the North one-half of a certain tract describe, as the Second Tract in a deed from Fay Potter et al to Lucille A. Edwards dated November 26, 1945, and recorded in Volume 321, Page 21, of the Deed Records of Denton County, Texas, and being more particularly described as follows: . BEGINNING at the Northeast corner of said Second Tract in the middle of Myrtle Street; THENCE South with the East line of said tract in said street 56,2 feet to a corner; THENCE West 388.9 feet to a corner in the West line of said tract; THENCE North with said line 56.2 feet to the North- west corner of said tract at a fence corner; THENCE East with the North line of said tract 388.9 feet to the place of beginning, va 8~1 FACE 991 Page 2-FINAL JUDGMENT ►voL 80.~. WE9y? It is the further Order, Judgment and Decree of the Court that the Award of the Special Commission in the sum of $664.25 be, and the same is, hereby adopted as the Judgment of this Court, and it appearing to the Court that the City of Denton, Texas, has tendered said amount into the registry of this Court for the benefit of said Defendant, Edna Kays, and that said Defendant has withdrawn said Award from the registry of the Court, and said Defendant.shall take nothing further from the City of Denton, Texas. The Clerk of this Court is hereby authorized and directed to enter this Order and Judgment of Record in the Minutes of the County Court at Law of Denton County, Texas, as the final Judgment c' this Court. RENDERED, this day of DC A. D. 1976. oeiNiaal S:;led BY 1. RAy MARTIN JUDGE OF THE COUNTY COURT AT LAM OF DENTON COUNTY, TEXAS 1 Page 341NAL JUDGMT CERTIFICATE THE STATE OF TEXAS COUNTY OF DENTON I, MARY JO HILL, Clerk of the County Court at Law of Denton County, Texas, do hereby certify that the foregoing is a true and correct copy of the Judgment of the County Court at Law of Denton County, Texas, rendered on the day of October , A. D. 1976, as the same appears in the Minutes of said Court. Given under my Hand and Seal of Office, this 'L-- day of A. D. 1976. MARY HILb ~''•`ri Z'uunty Clerk o t 1e: ty Court at Uiq, of Denton omoty, Texas BY: ty Vol 821 W 3 Page 4-Certificate attached to Judgment O 4 f~ ~vw ~,v * 4, VO&VOW01 00 u Pop I so midwo l Al kn° t~ "Iwo polls -~ftfi U031% ♦ MR 10 M~ •Au^n CALF•~ r , Ile i+ 1 ^r ' .J . OUT-OF-PERIOD ADJUSTMENTS OCTOBER, 1976 ITIat # 1. 1N EXCESS u $5,000 SUPPLIER TIW PERIOD MCF 1h10lAVT _ Mobil Oil Corp. 8/76' {58,504) $ (70569.25) E. L. Wilson 7/76-8/76 5,447 60141.50 Shell Oil Co. 8/76 27,644 24,422.46 Karper 8, Glass Co. 7/76-9/76 60736 5,489.83 Monsanto Co. 1/76-9/76 1,014,284 23,151.32 Cities Service 8/76-9/76 889784 96,533.63 Mitchell Energy 3/76-8/76 118,571 161,773.38 petroleum Programs 7/76-9/76 17,213 _20,397,42 %2200175 $ 330,340.29 II. LESS TITAN 559000 10/75-9/76 * 9720386 31,723.56 III. 'DOTAL I AND II *21192,561 $ 362,063.85 IV. CORRECTIONS RELAT"NG TO PRIOR PERIODS 155 153 $1,180,426.91 V. TOTALS 1. II AND IV 200371408 $1,542,490.76 *Does not affect current month's volume. **There is no relationship between the volume and amount. i~ ~ Q~ / b~ % ~ € b' J CERTIFICATE OF INSURANCE i I THIS IS TO CERTIFY that tlu fullowing poiicies, subject to their terms, conditions and exclusions, have been issued by .thb company or companics shown bciuw: THIS CERTIFICATE OF 1\SURAYCE neither affirmatively or negatively amends, extends or alters the coverage afforded by the policy or policies shown below, nor is it an endorsement making the pclson, firm or corporation at whose request it is issued an additional insured on the policy or policies referred to herein. In the event of any material change in or cancellation of the policy or policies, the company or companies will mail ten (1[0} days' written notice to the party to whom this certificate is addressed. NAME AND ADDRESS OF PAR rY TO WHOM CERTIFICATE 15 ISSUED DATE: 10-1-76 REMARKS: City of Denton Mt.nicipal Building Denton, Texas 76201 Attn: W. Brooks Solt -J NAME AND ADDRESS OF INSURED: Terminix, Inc DBA. Bruce Tertainix Caipany 3029 Bryan Street D311as , TX 7520+ Policy Effective Expiration LIMITS OF LIABILITY' insurance Company Type of Insurance Number Date Date Aetna Fire Workmen s Compensation Statutory underwriters and 133266 10-1-76 10-1-77 Insurance Co. Emplcytrs Liability Employers Liability Limits-S'ID0.000 Comprehensive Bodily ln]ury Germral Lit E,ity Aetna Fire 797849 10/1/76 10/1/77 $309, 90 Each Occurrence Aggregate Products Unce Co a S3001000, GCompleted Opeations lnsurra►ce Company Property Damage is 5 nQ Each Occurreme S QaQQO, Aggregate Opt rat bras $ QQ, Aggregale Protective Aggregate Contractual L 04- Aggregate Products S Q~flQ 6 Comoicied Operations Bodily Injury Comprehensive Each Perron ' I' I Aetna Fire Automobile Liability+• 797849 10/1/76 10/1/77 S 100# 00 S Each Ocarrence Ik~denvriters Property Damage Insurance y S. 50,000. Each Occurrence . INC - eAtssenct of anyapproWfate entry mearn wch insurance is in fore!. FRED, S. JAMES & CO OF Texas TEXAS, 7521 a+Cpvtey all oy M t nor t- or hired vefiis les 2001 McKinney Ave, Dallas, Authorised Representatives of the InsuranLe Companies referred to above. k~ F' . ~ r • p 1 1 1 , , I k" e1`t I,, :"Tfrt r.a .r r 1 ~"P: „H'v~~' ~ o ~ %Z Ian Li r~ 2l S~~y G~rrR Y':fykyydpi "IIWP~f~' e e"~ ~~~r dye; . 4,{ ! ? r '~t •a"~7"Y~'. ~r 2f 4-<i ~ ~ .1 `'.tY7y" r~F 'i tr'Q yet" g'~%!. P'il,~~, i NO. AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, j: AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-11 AND AS SAID MAP APPLIES TO LOT NO. 4, BLOCK NO. 187-41 AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY . DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. r;! THE COUNCIL OF THE CITY OF DENTON? TEXAS, HEREBY ORDAINS: SECTION I. - That the Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 19691 as an Appendix to the Code of Ordinances of the City of Denton, Texas, under provisions of ordinance No. 69-1, " be, and the same is hereby amended as follows: All the hereinafter described property is hereby removed from the Agricultural "A" District as shown on said Zon- ing Map, and all provisions of ordinance No. 69-1, adopted the 14th day of January, 1969, as amended, shall hereafter apply to said property as General Retail "GR" District in the same manner as other property located in the General Retail "GR" District; All that certain lot, tract or parcel of land lying and be- ing situated in the City and County of Denton, State of Texas, and being Lot No. 4, Block No. 187-4 and being more particularly described as being located on the south side of U. S. 380 (University Drive East) approximately 400 feet east of the intersection of U. S. 380 and Mayhill Road ex- tended. SECTION II. That the f.ity Council of the City of Denton, Texas hereby finds that su.n change is in accordance with a comprehensive plan for the purposa of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the cha,;acter of the district and for it., peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appro- priate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. SECTION III. That this ordinance shall be in full force and effect immedi- ately after its passage and approval, the required public hearings having heretofore been held by the Planning and Zoning Commission and the City Council of the City of Denton, Texas, after giving due notice thereof. PASSED and APPROVED This the 5th day of October, A. D. 1976. ELµ INOR HUGHES, MAYOR CITY OF DENTON, TEXAS ATTESTS RVORS / APPROVED AS TO LEGAL FORMS PAUL -C a ISHAM# CITY T ~ t 6a: ~ V, ~C 7 ~ ~ ~ S~ ~ J ~ r ~ 4 ~ , ~ . ~ ~ F y~ ~ _ Cf s a .a ~ ~ [ 'v i N1 r a i f . r IYi y.. rY;i Yri[~~{g+ ° ~ ie t h .,~t1 r f ~ ! Cy N` ~t rt N t ,Y ro.rl rva p:1~ rh ti iµ N CY j :V. w+ I _ a r i ~ Y r L Y l~ tR f. a. ~5iw. a+. r a r a, a .i c +.rr a '4 NO. L' S AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-11 AND AS SAID MAP 0! APPLIES TO LOT NO. 151 BLOCK NO. 412, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED TH2RFIN; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That the Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas, under provisions of ordinance No. 69-1, "be, and the same is hereby amended as follows: All the hereinafter described property is hereby removed from the Multi-Family Dwelling (MF-1) District as shown on said Zoning Map, and all provisions of ordinance No. 69-1, adopted the 14th day of January, 1969, as amended, shall hereafter apply to said property as Office "0" Dis- trict in the same manner as other property located in the Office "0" District; All that certain lot, tract or parcel of land lying and be- ing situated in the City and County of Denton, State of Texas, and being Lot No. 15, Block No. 412 and being located on the west side of Locust Street between College Street and University Drive, also known as 1615 North Locust. SECTION II. That the City Council of the City of Denton, Texas hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appro- priate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. SECTION III. That this ordinance shall be in full fo ce and effect immedi- ately after its passage and approval, the required public hearings having heretofore been held by the Planning and Zoning Commission and the City Council of the City of Denton, Texas, after giving due notice thereof. PASSED and APPROVED This the 5th day of October, A. D. 1976. ELI 0 y CITY OF DENTON, TEXAS ATTEST! ?Z~4_ BROOKS HOLT, CITY SECTARY APPROVED AS TO LEGAL FORM; e Co S , ,I T Sf _i u ~ y i i if i f lp r . 144, NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE (ORDINANCE NO. 69-1) OF THE CITY OF DENTON, TEXAS, BY CREATING A NEW RESTRICTED MULTI-FAMILY (MF-R) ZONE AND REDEFINING THE MULTI-FAMILY DWELLING DISTRICT-1 (MF 1) ZONE; PROVIDING FOR CONDITIONS; PROVIDING A PENAL;^Yj AND DECLARING AN EFFECTIVE DATE. r THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That the Zoning Ordinance of the City of Denton, Texas, adopted January 14, 1969, as an appendix to the Code of Ordinances of the City of Denton, Texas as Ordinance No. 69-1, as amended, be, and the same is hereby amended as follows: (1) That "ARTICLE II. ZONING DISTRICTS ESTABLISHED" is amended to shod the City of Denton, Texas being divided into eighteen (18) zoning districts by adding a Restricted Multi-Family Zone designated as MF-R. (2) That "ARTICLE VII. USE OF REGULATION DISTRICTS; USE OF LAND AND BUILDINGS" is amended to show a MF-R Zone and that zone wil, per- mit the same designated type uses as is presently shown for the Multi- Family Dwelling District-1 Zone except that a "Day Nursery or Kinder- garten Sohool" used in such district would require a specific use per- mit. (3) That "ARTICLE XIII. AREA REGULATIONS" shall be amended to show the same area regulations for a Restricted Multi-Family Zone as the present Multi-Family Dwelling District-1 Zone. (4) That "ARTICLE XII. DEFINITIONS AND EXPLANATIONS NOTED IN USE REGULATIONS" shall be amended by adding a new definition number (61) as followsi "(61) Bedroom - any room in an apartment other than a kitchen, dining room, living room, bathroom or closet, Extra kitchens, game rooms, living or dining rooms, dens, sun rooms or similar extra rooms shall be considered as bedrooms in com- puting density standards for apartment buildings." (5) That "ARTICLE XIII. AREA REGULATIONS" shall be amended by adding a new subsection (2) to D. "Lot Coverage and Floor Area Ratio" S as tollowsl 11(2) The maximum nwnber of apartment units that can be constructed on a site, while observing area regu- lations concerning setbacks and parking, shall be in accordance with the following schedule. a. Unit density standards for the MF-R Zone. A one bedroom unit requires a minimum land area of 2300 square feet. For each additional bedroom an additional 300 square feet of land area is required, b. Unit density standards4for MF-1, U, O, NS, GR, C, CB, LI for a Multi-Family dwelling three stories or less in height. A one bedroom unit requires a mimimum land area of 900 square feet. For each additional bedroom an additional 300 square feet of land area is required. c. Unit denisty standards for U, C, CB, LI for a Multi-Family dwellings unit four or more stories in height. Each unit requires a n.imimum of 300 square feet of land area." SECTION II. Any person violating this article shall be guilty of a misdemeanor and upon conviction shall be punished b:{ a fine not to exceed Two Hun- dred ($200.00) Dollars and each day of such violation shall constitute a separate offense. SECTION III. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, here- by declares it would have enacted such remaining portions despite any such invalidity. SECTION IV. That the City Council of the City of Dantoi, Texas, hereby finds that such changes are in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, encourages the most appropriate uses of land for the maximum benefit to tho City of Denton, Texas, and its citizens. -2- SECTION V. That this ordinance shall be in full force and effect immediately after its passage and approval, the required public hearings having heretofore been held by the Planning and Zoning Commission and the City Council of the City of Denton, Texas, after giving due notice thereof. PASSED and APPROVED this the 5th day of October, A. D. 1975. r CJ~-w41' BLlA R R CITY OF DENTON, TEXAS ATTEST: B KS OL , CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: j2etir46 - % PAUL C. ISH , CITY ATTORNEY CITY OF DENTON, TEXAS .3- 4 ~ r t- ~b • 4 Ow r yrs.., A R r i L o Y Z l~i~l~ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 5TH DAY OF OCTOBER, A. D. 1976. R E S O L U T I O N WHEREAS, the City of Denton has engaged the services of Hatfield-Halcomb, Inc. Architects to perform certain services re- garding the Community Center Concrete Floor Slab and the replace- ment and refinishing the same; and WHEREAS, the architects have taken bids regarding the work of reworking the floor in the Community Center; and WHEREAS, Master Concrete Floor Company of Dallas, Texas is tho lowest and best bidder for said work; and WHEREAS, it is determined to be in the interest of the City of Denton, Texas to enter into a contract with Master Concrete Floor Company for said work; NOW, THEREFORE, BE IT RESOLVED that the City of Denton does hereby accept the provisions of said contract, a copy of which is attached hereto and incorporated herein for all purposes, and, to evidence this acceptance, the Mayor of the City of Denton is hereby authorized and directed to execute the contract on behalf of the City of Denton, Texas. PASSED AND APPROVZD this the 5th day of October, A. D. 1976. EL GHk;$, CITY OF DENTON, TEXAS ATTEST CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: @ITY 01~ bENTON, TEXAS AMERICAN FIDELITY FIRE INSURANCE COMPANY WOODBURY, NEW YORK 4 PERFORMANCE AND PAYMENT BOND KNOW ALL N1EN IiY THESF' PRESENTS, That we t1nster Concrete Floor Company, 1745 Hinton, D;%ilas, Texas 75235 as Principal,1wi%:I •after called Princlpal,and AMERICAN FIDELITY FIRE INSURANCE COMPANY,a corpora!ion of the State of New York, with its home office In the City of Woodbury, New York, U.S,A., as Surely, hereinafter called Surety, arc lrcld and firmly bound unlo City of Denton, Texas _ . as Obligee, (here- matter called the Obligee) in the amount of Thirteen Thousand, Four Hundred Thirty-Seven and no/100 13,437.00------------ Dollars IS ) for the payment of which sum well and truly to be made, we bind oursehes, our heirs, executors, administrators, successors and assigns firmly by these presents, WHEREAS, the Principal did on the 6th day oL_..,, _ October 19 76 _ ,enter into a written replacing floor with concrete for the City of contract with said Obligee for. Denton, Texas which Contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall indemnify the Obligee against any loss or damage directly arising by reason of the failure of the Principal to (a) faithfully perform said contract and (b) pay all just claims for labor and material furnished in the completion of said Contract by persons, firms or corporations having direct contracts with the Principal, then this obligation shall be null and void; otherwise to remain in full force and effect. This bond is executed and accepted subject to the following conditions: (1) That the Obligee shall faithfully and punctually perform all the terms and conditions of said Contract to be performed by the Obligee. (2) That the Obligee shall notify the Surely by registered letter, addressed and mailed to it at its Home Office, of any breach of said Contract within a reasonable time after such breach shall have come to the knowledge of the Obligee. (3) All suits at law of proceediogs in equity to recover on this bond must be instituted within six months after the completion of said contract, and in any event within twelve months from the date fixed in said contract for its completion. 15th October 76 SIGNED. SEALED AND DATED this day of 19...,...,........ Master Generate Floor Company r (Seal) . AA By t Ae....... ! Principal AMERICAN FL)ELIIY F INSURANCE CO. rank rp J.. Afr . . -ln-lui ~t ~ -tat AMERICAN FIDELITY FIRE INSURANCE COMPANY WOODBURY, NEW YORK POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the American Fidelity Fire Insurance Company, a Corporation In the Slate of New York, having its principal office in Woodbury, State of New York, pursuant to the following resolution, adopted by the Board of Directors of the said Co-apany on the 18th day of February, 1969, to wit: "The President, or any Vice-President, or other officer designated by the Board Executive Committee shall have authority, severally, to make execute and deliver a power of attorney constituting as Attomeyin-Fact such persons, tUms or corporations as such officers may select from time to time," does hereby make, croslitute and appoint 1. FRANK: MURPHY and/or THOMAS J. HUMPHREYS of DALLAS, TEXAS its true and lawful attorney{s}in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in Its behalf, and as its act and deed, as follows; Specifically and only on bonds executed having 90% Indemnification of the Small Business Administration in an amount not exceteing $200,000.00 as to any one project, for or on behalf of this Company, in its business and in accordance with its charter, and to bind American Fidelity Fire Insurance Company thereby, and all of the acts cd said Attorney-In-Fact, pursuant to these presents, are I,ereby ratified and confirmed. IN WITNESS WHEREOF, the American Fidelity Fire Insurance Company has caused these presents to be signed by its President and/or Vice-president, and its Corpora' Seal to be hereto affixed. •a AMERICAN FIDELITY FIRE INSURANCE COMPANY f 1 .u,ee. tih. ~ ~ ~ V v u I Robert J. Kerme; y, Vice-President Stale of New York ss. I County of Nassau On this 3rd day of September, 1975, before the subscriber, a Notary Public of the Slate of New York in and for the County of Nassau duly commissioned and qualified, came Robert J. Kennedy of the American Fidelity Fire Insurance Co., to me personally known to be the individual and officer described herein, and who executed the preceding instrument, and acknowledged the execution of the same, and being by me duly sworn, deposed and said, that he Is the officer of said Compa-.y aforesaid, and that the sea] affixed to the preceding Instrument is the Cor; orate Seal of said Company, and the said Corporate Seal and signature as an officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation, and that the resolution of said Company, referred to In the preceding h:strument, is now in force. IN TESTIMONY WHEREOF, I have hereunto •et my hand, and affixed my official seal at Woodbury, New York the day and year above written. '1'YU. c 04'. ELIZABETH M. ROSELLE NOTAhY PUBLIC, Stale of Nero York No. 30-8643115 Qualified In Nassau County Commission Expirci March 30, 1976 State of New York ss. County of Nassau CERTIFICATE I, the undersigned, Assistant Secretary of AMERICAN FIDELITY FIRE INSURANCE COMPANY a stock corporation of the State of New York, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains In full force and has not been revoked;and furthermore, that the Resolution of the Board of Directors, as set forth in the Certificate of Authority, are now In force, Signed and Settled at the said Company, at ,Yoodbury, New York, dated this 15 day of October j976 I ~ IMF IMt~ r w r' Assistant Secretary TX M/H 2911 41/il AMERICAN FIDELITY FIRE INSURANCE COMPANY WOODBURY, NEW YORK PERFORMANCE AND PAYMENT BOND KNOW ALL MEN BY THESF PRESENTS, 'That we blaster Concrete Floor Company, 1745 Hinton, .Dallas, TX . 75235. _ _ . _ _ _ , as Pdr,cipal,hereinafter called Principal, and AMERICAN FIDELITY FIRE INSURANCE COMPANY,a corpuration of the State , New York, US.A., as Surety, hereinafter called Surety, are held and New York, with firmly bound unto as Obligee, (here- inafter called the Obligee) in the amount of . thirteen thousand, four hundred and thl rty-seven dollars and 00/100 cents 7-.---.- Ih,llars(S 13,437.00------------------ ) for the payment of which sum well and truly to be made, we bind oursehes, our heirs, executors, administrators, successors and assigns firmly by these pre"n:s. WHEREAS, the Principal did on the 6...__.. day of.., October 1976 enter into a written contract with said Obligee for. ,..Replace floor with _.concrete _for„the„C,lty„of Denton which Contract is by reference made a art hereof, and is hereinafter y p referred to as the Contract, NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCi:, That if the Principal shall indemnify the Obligee against any loss or damage directly arising by reason of the failure of the Principal to (a) faithfully perform said contract and (b) pay all just claims for labor and material furnished in the completion of said Contract b} persons, firms or corporations having direct contracts with the Principal, then this obligation wall be null and void; otherwise to remain in full force and effect. This bond is executed and accepted subject to the following conditions: (1) That the Obligee shall faithfully and punctually perform all the terms and conditions of said Contract to be performed by the Obliget. (2) That the Obligee shall notify the Surety by registered letter, addressed and mailed to it at its Home Office, of any breach of said Contract within a reasonable time after such breach shall have come to the knowledge of the Obligee, (3) All suits at law or proceedings in equity to recover on this bond must be instituted within six months after the completion of said ccntract, and in any event within twelve months from the date fixed in said contract for its co.+tpletion. SIGNED, SEALED AND DATED t+ is day of .October.......... ..............19.7.6........... MASTER CONCRETE FLOOR COMPANY (Seal) By'.....,'.,....1i,r Principal AMERICAN FIDELITY FIRE INSURANCE CO. By: Thomas J-( umph ys, .frroruy...... cf form fltall Lr1 AMERICAN FIDELITY FIRE INSURANCE COMPANY WOODBURY, NEW YORK POWER OF ATTORNEY KNOW ALI. MEN BY THESE PRESENTS: That the A nerican Fidelity Fire Insurance Company, a Corporation in the State of New York, having its principal office in Woodbury, State of New York, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 18th day of February, 1969, to wit: "The President, or any Vice-President, or other officer designated by the Board Executive Committee shall Nava authority, severally, to make execute and deliver a power of attorney constituting as Attorney-in-Fact such persons, firms or corporations as such officers may select from time to time," does hereby make, constitute and appoint J. FRANK MURPHY and/or THOMAS J. IiUMPHREYS ut' DALLAS, TEXAS its true and lawful attomey(s)In-fact, with full power and authority her~~y conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, and as its act and deed, as follows: Specifically and only on bonds executed having 90% indemnification of the Small Business Administration in an amount not exceeding $200,000.00 as to any one Principal or project, for or on behalf of this Company, in its business and in accordance with its charter, and to bind AMERICAN FIDELITY FIRE INSURANCE COMPANY thereby, and all of the acts of said Attorney-in-Fact, pursuant to these presents, are hereby ratified and confirmed. IN WITNESS W,iEREOF, die American Fidelity Fire Insurance Company has caused these presents to be signed by its President and/er Vice-President, and its Corporate Seal to be hereto affixed. AMERICAN FIDELITY FIRE INSURANCE COMPANY 3 C.,eea / . . Robert J. Kennedy, Vice-President State of New York l County of Nassau f ss• On this 3rd day of September, 1975, before the subscriber, a Notary Public of the State of New York in and for the County of Nassau duly commissioned and qualified, came Robert J. Kennedy of the American Fidelity Fire Insur- ance Company, to me personally known to be the individual and officer described herein, and who executed the pre. ceding Instrument, and acknowledged the execution of the same, and being by me duly sworn, deposed and said, that he Is the officer of said Company aforesaid, and that the seal affixed to the preceding instrument Is the Corporate Seal of said Company, and the said Corporate Seal argil signature as an officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation, and that the resolution of said Company, referred to in the preceding Instrument, is now In force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my official seal at Woodbury, New York the day and year above written. 1 + V . ~NS~I • 'yMN . ~'O~t.t•'f ELIZABETH M. ROSELLE NOTARY PUBLIC, State of New York No. 30.8643115 Qualified in Nassau County Commission Expires March 30, 1976 State of New York r County of Nassau ss. CERTIFICATE I, the undersigned, Secretary of AMERICAN FIDELITY FIRE INSUFJ*4CE COMPANY it stock corporation of the Stale of New York, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Resolution of the Board of Mee- tors, asset forth in die Certificate of Authority, are now In fcrce. Signed and Sealed at the Home Office of the Company, at Woodbury, New York, Dated thfa 15ti0ay of Octobe r A.D.,19 76 s''w • Assistant Secretary YX WH 200 Ito/% y• r er -~J AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE. MUNICIPAL BUILDING OF SAID CITY ON THE 5TH DAY OF OCTOBER, A. D. 1976. R E S O L U T I O N WHEREAS, the position and functions of "Warrant Officer" has been under the supervision of the Legal Department= and WHEREAS, the City of Denton believes that more efficient operation and control of such functions could be obtained by transferring the "Warrant Officer" to the Police Department; and WHEREAS, it is necessary to amend the 1976-77 Budget for the Citv of Ds;,ton to effectuate such transfer and such amendment includes the transfer of the sums of monies list r4 on Exhibit A attached hereto from the Legal Department to the Police Depart- ments NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: The 1976-77 Budget for the City of Denton is hereby amended by transferring the monies as listed on the attached Exhibit A from the Legal Department to the Police Department and the City Manager is directed to so amend the budget. PASSED and APPROVED this the 5th day of October, A. D. 1976. ELINOR HUGHES, R CITY OF DENTON, TEXAS ATTEST t BBOOKS OL , CITY SECRETARY CITY OF DENTON* TEXAS APPROVED AS TO LEGAL FORMi r; M PAUL C. ISHAHO r I ATTORNEY CITY OF DENTON, TEXAS EXHIBIT A TRANSFER THE FOLLOWING SUMS FROM ACCOUNT NUMBERS: 02-02-80-03 Labor operations $10,088.00 01-02-80-05 Social security 590.00 01-02-80-06 Withholding 489.00 0,1-02-80-08 Longevity 108.00 01-02-89-09 Workmens Compensation 235.03 01-02-80-10 Insurance 174.00 Rig No. 4 01-02-85-08 Motor Pool 811.92 01-02-81-04 Gas, oil 460.00 01-02-83-42 Vehicle Maintenance 625.00 01-02-83-44 Radio 200.00 TO ACCOUNT NUMBERS: 01-30-80-03 Labor operations $100088.00 01-30-80-05 Social Security 590.00 01-30-80-06 Withholding 489.00 01-30-80-08 Longevity 108.00 01-30-89-09 Workmens Compensation 235.00 01-30-80-10 Insurance 174.00 Rig No. 4 01-30-85-08 Motor Pool 811.92 01-30-81-04 Gas, oil 460.00 01-30-83-42 Vehicle Maintenance 625.00 01-30-83-44 Radio 200.00 ~1 t Q~ k j 1 ~ ~r , , \ Tr 7 6^ j,. j .y i ~.1 v ,r„ De l; 3~ ~ ~ ~ t~, 4 4 t/a 1 ~z `,,c. k. ~ Y ~ ~ ~ ~f~ i ~ ~ ~~~t, 'iv r, ~~P; ,~'r +i w' :S~ THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON X That Whereas, Fred W. Tillis, D.D.S. is the owner of cer- • tain property described as Lot 1 of the Re-Plat of Part of Teasley Mall Subdivision, shown on the attached plat, which plat is incor- porated herein as if set forth in full, in the County of Denton, Texas, and the said owner desires to extend an eight (8) inch sani- tary sewer extension across Londonderry Lane and 300 feet west to a lift station (as shown on the attached plat); and Whereas, in order to serve the aforesaid property with sani- tary sewer services the said owner is required to pay the cost of 300 feet of sanitary sewer main extension totaling 300 feet, and desires to extend such sewer main to his property under the pro- visions of section 25-74 through Section 25-79 of the Code of Ordin- ances of the City of Denton, Texas, as passed and approved the 8th day of June, A. D. 1971; and Whereas, the said owner Fred W. Tillis, D.D.S. desires to re- ceive reimbursement for such costs under the provisions of said Sections 25-75 through 25-79 of the Code of. Ordinances of the City of Denton, Texas; now therefore This agreement, made this the J day of 1976, by and between Fred W. Tillis, D.D.S, of the County of Denton, State of Texas, hereinafter called owner, and the City of Denton, Texas, a Municipal Corporation of the County of Denton, State of Texas, hereinafter called city, WITNESSETHs I. That for and in consideration of the construction of a sani- tary sewer main for the benefit of owner, by city or at city's direction, owner agre.s to pay oity the sum of $2,700.00, to be secured or escrowed in advance of commencement of construction of such main, payable to city ujson completion thereof, and in further AOREEMLNT - PAGE ONE • consideration of the transfer to the city of all of owner's right, title and interest in the aforesaid main extensions and all appur- tenances thereto, and all easements and right of way agreements secured by or for owner for the purpose of locating said main ex- tensions, city shall accept said main upon final approval thereof, after inspection, and agrees to provide sanitary sewer service to owner's above described premises for such monthly service charges as are, or may be, established for other customers of like classi- fication by the city. II. That the city further agrees to reimburse owner up to his costs of the construction of such main extension, i.e. $2,700.00, under the provisions of Sections 25-75 and 25-76 of the Code of Ordinances of the City of Denton, Texas, as amended on the 8th day of June, 1971, with the following limitations: (a) After the expiration of ten (10) years from the date of the sewer main extension, no further reimbursement shall be made to the owner. (b) The reimbursement shall not apply to main extensions con- structed by the City of Denton, or under its direction, from any main constructed under the terms of this agreement. (c) Reimbursement payments shall be made to the owner or to his assign if written, and to no other person, (d) The reimbursements aforesaid shall be payable only from funds received by the city pursuant to said Code of ordinances. (e) There shall be a maximum of ten (10) years as the period of eligibility wherein the original installer of the mains may re- quest reimbursement of pro rata payments under this agreement. The period of eligibility shall begin as of the date of final inspection and acceptance of the extensions by the city. (f) All fees and tapping charges incurred under the provisions of Section 25-76 shall be paid directly to city, and city shall trans- AGREEMENT - PAGE TWO fer same to owr.er within thirty (30) days of receipt. III. That for and in consideration of the agreements to be performed by the city, as aforesaid, owner hereby trarsiers to the city all of his right, title and interest in and to the main extensions described above, and any and all easements and right of way agreements secured by him for the purpose of locating said main extensions. Witness the hands of the parties hereto'on the day and year first :ibove written. FRED W. TILL S, D.D.S., OWNER CITY OF DENTON, TEXAS By r1K.sr tT``~"~y ELINOR HUGHES, AYO ATTEST- a~ - 0 T, CITY SECRETAR ,BROOKS CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: , l CITY OF DENTON, TEXAS MREE14M - PAGE THREE fD d A I ~ J ~ ( 1 rf ft ' 7 ~ 7 N A N~ 1 i v r CJv ~ ~ ~ -1 J (1 • Rl f~ n w m n N o to ,e ~ (7 C G r. 3F r" a r- - _ p • :r J CIS ~ T, • • b~ N c1~ w Ilr ~ ~ fI A ~ c~ ~ Y , I t= 0 0 f 1 ry I m o r i m ~ c r v rc'*f rrr o ro ! Uo R < • ~ ' iti to K _ o N rn f C% y w r• ro. r ti 7' 9 I S, r JP rk N t O I p,.~ 1 d D O S p. { 1 k r r O V ry Y r 0 0 7 V T C n j w ~ q9 b F F y I f r ri' Al, V Y 1' o , FORT WORTH SAVINGS October 6, 1976 Mr. Earl Jones City of Denton Municipal Building Denton, Texas 76201 i Dear Mf Jones: 1 The following are the only persons who have the right to tie in to the sewer line without paying their pro-rata share of the cost. Elmer Wayne Stephens and wife, Beverly John H. Koiner and brother, Wylie J. Koiner ! The waiver of reimbursement for the above mentioned people was executed on March 18, 1975, and they are the only ones with this right. Any other person requesting to tie in to the sewer line lust pay his share of the pro-rata cost in accordance with Art.. V, Section' 25-76 of the Denton Ctility Code. Sincerely yours, Rea C. Morris s Real Estate Investments Officer ` A' t RCM/rf b t MAIM OFFICE 300 NEST 7TH STREET • FORT WORTH, TMt 76102 • (A17) )35•10766 } ~~~~y ~.(r~~\ ~ 9 0 jr. AT A REGULAR MEETING OF THE DENTON UTILITIES BOARD OF THE CITY OF DENTON, TEXAS, HELD ON THE 18TH DAY OF OCTOBER, A. D. 1976. RESOLUTION WHEREAS, the rising cost of utilities is placing a severe burden on the citizens of Texas; and F1+;'`~' WHEREAS, the high cost of fuels and the rising cost of other materials and expenses make any lessening of this burden un- likely; and WHEREAS, the State of Texas is in good financial condition Y JJ largely because of the increased income from the sale of oil and gas, which is indirectly responsible for much of the increases in utility costs. NOW, THEREFORE, BE IT RESOLVED, that the Denton Utilities Board urges the Texas Legislature to consider as soon as it con- venes in January, 1977, legislation to remove the state's four percent portion of the sales tax on electricity sales, as recon- ItXT mended by the House Ways and Means Committee in August. Rr~ PASSED and APPROVED this the 18th day of October, 1976, , -9 4 \ e C ~ r. '4 h; 1 , G { r;y cy r, 1 ~ ~~j,~' 1 1 r, h° t. +I ~b.• S~ }r i 1 ~9 i ~ 31y F ! ' jANe ` $s~~ ~ ~a ~ - - ~ ~ ~ `~t,~ ; ~~.'h. ~ : ~ t i~~ o ~r~ ~ 44 ~t C.ti ~a.aep ~e rah' < yin L r J a 'i',nt t xJ r.. 11v 'ice r,LI Y 3 .iYrf.~+ ' r r 4b+, ' ~`~~ti%A ^~r k>y r +~'•~'~f7 ~ kIF ~FCr fd^. r ~ w _ t~~ ~z„1~'8 h l.,t ~ Y ?r e~,< i '4Lt~.al'6~.~°&'. ~i~..,c:''~~. S •~Jg~.~~`4 ~ 1' SRS .,$J AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 19TH DAY OF OCTOBER, A. D. 1976. R E S O L U T I O N WHEREAS, the City of Denton applied for a grant of funds under the U. S. Department of Housing and Urban Development Com- munity Development Block Grant Program; and • WHEREAS, the City of Denton received funding approval under Title 1 of the Housing and Community Development Act of 1974 in the amount of $192,000; and WHEREAS, the City Council of the City of •-nton deems it in the best interests of the citizens of the City that such funding be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OY THE CITY OF DENTON, TEXASt That the City of Denton accept a Community Development Block Grant in the amount of $192,000 under Title 1 of the Housing and Development Act of 1974; and That the Mayor of the City of Denton is hereby authorized to sign all necessary documents regarding this grant, the acceptance thereof and the receipts for the funds. PASSED and APPROVED this the 19th day of October, A. D. 1976. ELIAR HUGHES, OR CITY OF DENTON, TEXAS ATTEST O , CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM; PAUL 15HAMp A720JU42Y CITY OF DENTON, TEXAS r 0 G A i r ~ as r•.. 1. ` < `t.L ~J.L S ~ d ' AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, ' TEXASr HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 19TH DAY OF OCTOBER, A. D. 1976, a..'I R E S O L U T I O N` WHEREAS, HUD Handbook 1900.23, Appendix 2, Page 2, provides the recipient organization shall provide authenticated documen- tation, including a specimen signature, establishing the authority and delegation of this authority to the person who signs Standard Form 1194, as the authorizing official; and ~M< WHEREAS, the recipient organization, being the City of Denton,w i Texas, wishes to fulfill this requirement by passing a resolution r naming this authority. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That Elinor Hughes, Mayor of the City of Denton, Texas, is hereby delegated the authority to sign Standard Form 1194 as the authorizing official on behalf of the City of Denton. %,he specimen signature for Elinor Hughes is avcwn below: &4-+Ilrl n-,%. PASSED and APPROVED thill thb 19th day of October, A. D. 1916. RLIN R HUGHES, MATUR CITY OF DENTON, TEXAS . ATT a C✓/T 0 A16606 HOIjTp' ,8i v v , Nooroge r rir+ CITY OF bENTON, T~9~V APPROVED AS TO LEGAL FORM . S. o /~I6NQAQ TOMMY 01TY' OF DNTd4l TEXAS ~j Q d x va' r y Y I { NO, AN ORDINANCE RECEIVING AND ACCEPTING THE WORK OF IMPROVING CERTAIN DESIGNATED STREETS IN THE CITY OF DENTON, TEXAS. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS, THAT Ordinance No, 75-46 , ordering the improvements of the hereinafter named streets and levying the assessments was pass- ed on the 4th day of November , 19 75 A. D., and the work of improving the streets described on Exhibit A, which is made a part hereof and attached hereto, has been completed, the Director of Community Development of •the City of Denton having measured, examined and caused to be tested the finished improvements by the means and in the manner provided by the terms of such contract and of plans and specifications therein contained, and the Director of Community Development having found that such improvements have been constructed and completed in full compliance with the terms of said contract and the plans and specifications therein contained, and having approved and accepted saiu improvements, and having recommended that the City Council accept said work and improvements, it is, accordingly, ordered that said work and improvements have been found by the Mayor and City Council of the City of Denton to have been per- formed and completed in full compliance with the terms of the said contract and plans and specifications, and the same is now hereby accepted and approved by the City of Denton, Texas. PASSED AND APPROVED this 19th day of October A.D. 19 76 ELI'I OR HUGHES , MA)PR CITY OF DENTON, TEXAS ATTES 0 S , T ,SEGRETARY CITY OF DENTON$ TEXAS APPROVED AS TO LEGAL FORM; I M, 'l~RA~Y CITY OF DENTON, TEXAS CERTIFICATE OF ACCEPTANCE I, Jimmie J. Jones, Director of Community Development of the City of Denton, Texas, do hereby certify to the Honorable City Council of said City that the work of improving the following streets and portions thereof in the City of Denton, Texas, has been completed by Jagoe Public Company in accordance with the terms of a contract entered into by and Letween the City of Denton, Texas, and the said Jagoe Public Company dated November 4, 1975, and in accordance with the terms of ordinance No.75-46 passed and approved on the 4th day of November, A. D. 19751 ordering such improvements, and that such improvements have been con- structed and completed in full compliance with the terms of such con- tract, and with the plans and specifications therein contained or re- ferred to, and I do hereby recommend that the Honorable City Council accept and receive said work and improvements as constructed by the said Jagoe Public Company, the said streets and portions thereof being as follows, to-wits STREET UNIT NO. FROM TO 1, Sena Bradley Malone 0 2. Gober Crow Sena 36 Gober Scripture Sena 4. Prairie Bonnie Brae Ave:ruo H 5. Avenue F Stella NTSU Maintenance Yard Respectfully submitted this the 19th day of October, A. D. 1976. 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Y ~ y ' -r .~i. ~ - ~a>; aM1 . ~ , r ~I I ' ~ . d ~ ~ f 4 ~.~'r epK s'~r,~, ~ u'4 • 1 y.'.~ir ~"icQn..e. ~F'.ee- 5 ~1`i ~ -'A1 " i ~r, 4$ ~t J No. AN ORDINANCE ACCEPTING AN OFFER FROM NORTH TEXAS STATE UNIVERSITY CONCERNING THE CEASING OF CERTAIN PORTIONS OF AVENUE D AND PRAIRIE STREETS; VACATING, CLOSING AND ABANDONING AS PUBLIC STREETS A POR- TION OF AVENUE D LYING BETWEEN CHESTNUT AND HIGHLAND AND A PORTION OF PRAIRIE FROM AVENUE C TO AVENUE E AS PER MAP OR PLAT OF SAID AREA RECORDED IN THE DEED RECORDS OF DENTON COUNTY, TEXAS, SAID TRACTS OF LAND BEING FURTHER DESCRIBED HEREIN IN FULL, AFTER FINDING THAT THE PUBLIC CONVENIENCE AND NECESSITY NO LONGER REQUIRE THEIR CONTINUED EXISTENCE; AUTHORIZING THE MAYOR TO SIGN A QUIT CLAIM DEED; AND DE- CLARING AN EMERGENCY. WHEREAS, North Texas State University has made a request to the City Council of the City of Denton, Texas to close and abandon cer- tain portions of Avenue D and Prairie Streets in the City of Denton so that they may construct a facility known as the Health, Physical Education and Recreation Building; and WHEREAS, North Texas State University has conveyed an offer to the City if Denton to compensate the City and its citizens for the closing of these blocks of public streets; and WHEREAS, the City Council hereby finds and determines that the, public convenience and necessity no longer require the continued existence of portions of Avenue D between Chestnut and Highland and Prairie between Avenue C and Avenue E; and WHEREAS, the City Council determines that it is in the best in- terests of the City of Denton and its citizens to accept the offer from North Texas State University; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HERE- BY ORDAINS: SECTION I. The City Council does hereby accept and approve the offer re- ceived from North Texas State University for the closing and aban- doning of Avenue D from Chestnut to Highland and Prairie Street from Avenue C to Avenue E. Said offer is attached hereto as E::hibit A and incorporated into this ordinance as if fully set out herein. SECTION II. That the fallowing described parcel of land containing 152,848 square feet, more or less, situated in the City of Denton, Denton County, Texas and more particularly described by metes and bounds as follows: BEGINNING at the intersection of the east line of the right of way for Avenue D and the north line of the right of way for Highland Street, same being the southwest corner of Block 38 of the College Addition to the City of Denton, Texas, a plat of said Addition be- ing recorded in Volime 44 at Page 600 of the Deed Records of Denton County, Texas and said deed record is incorporated herein for all purposes by reference and adoption; THENCE sol:th 890 51' 20" west 80.00 feet to a corner at which the said north line of the right of way for Highland Street intersects with the west line of the right of way for the said Avenue D; THENCE north 00 00' 30" west along the said west line of the right of way for Avenue D, 321.21 feet to a corner at which said west line of the right of way for Avenue D intersects with the south line of the right of way for Prairie Street; THENCE south 890 51' 20" west along the said south line of the right of way for Prairie Street, 600.00 Beet to a corner at which said south line of the right of way for Prairie Street intersects with the east line of the right of way for Avenue E; THENCE north 00 00' 30" west 80.00 feet to a corner at which the said east line of the right of way for Avenue E intersects with the north line of the right of way for Prairie Street; THENCE north 890 51' 20" east along the said north line of the right of way for Prairie Street, 600.00 feet to a corner at which said north line of the right of way for Prairie Street intersects with the said west line of the right of way for Avenue D; THENCE north 00 00' 30" west along the said west line of the right of way for Avenue D, 300.00 feet to a corner at which the said west line of the right of way for Avenue D intersects with the south line of the right of way for Chestnut Street; THENCE north 760 39' 46" east 82.22 feet to a corner at which the said south line of the right of way for Chestnut intersects with the said east line of the right of way for Avenue D, same being the northwest corner of Block 37 of the said College Addition to the City of Denton, Texas; THENCE south 00 00' 30" east along the said east line of the right of way for Avenue D, 320.00 feet to a corner at which the said east line of the right of way for Avenue D intersects with the said north line of the right of way for Prairie Street, same being the southwest cor- ner of said Block 37 of the college Addition to the City of Denton, Texas; THENCE north 890 51' 20" east along the said north line of the right of way for Prairie Street, 600.00 feet to a corner at which the said north line of the right of way for Prairie street intersects with the west line of the right of way for Avenue C, same being the southeast corner of said Block 37 of the College Addition to the City of Denton, Texas; THENCE south 00 00' 30" east 80.00 feet to a corner at which the said west line of the right of way for Avenue C intersects with the said south line of the right of way for Prairie street, same being the northeast corner of said Block 38 of the College Addition to the City of Denton, Texas; THENCE south 690 51' 20" west along the said south line of the right of way for Prairie Street, 600.00 feet to a corner at which the said south line of the right of way for Prairie Street intersects with the said east liras of the right of way for Avenue D, same being the -2- northeast corner of said Block 38 of the College Addition to t'ze City of Denton, Texas; THENCE south 00 00' 30" east along the said east line of the right of way for Avenue D, 320.00 feet to the place of beginning. be, and the same is hereby vacated, closed and abandoned insofar as any right, title or interest may be vested in the public as a public right-of-way, and the City Council hereby authorizes the title and interest in and to the above desVibed tract of land to vest in the North Texas State University, as the abutting owner, for use as part of Health, Physical Education and Recreation Building and Complex, and other purposes for the berrafit of the University and the public. SECTION III. That the Mayor of the City of Denton, Texas is hereby authorized to sign a quit claim deed conveying the above described tract of land to the State of Texas for the use and benefit of North Texas State University, and said deed will contain a condition that if Avenue C is closed by an attempt of North Texas State University through any means other than action by the City Council, the property will revert to the City of Denton. SECTION IV. That the public importance of this measure and the fact that it is to the best interest of the City and its citizens to close and abandon as public streets a portion of Avenue D lying between Chestnut and Highland and a portion of Prairie from Avenue C to Avenue E at the earliest possible date constitutes and creates an emergency and an urgent public necessity, and this ordinance is passed as an emergency measure, and shall take effect and be in full force from and after its passage. PASSED and APPROVED this the 12th day of October, A. D. 1976. -t,m r 1 I~ ELINOR HU HE , MAYOR CITY OF DENTON, TEXAS ATTES70 7 IUMS- L , 1ITY CORY AZUOVED AS TU LEGAL FOFMr ATTORNEY -3- ;r, ~l`° 1~J11j! August 28, 1976 N411h Ievas Si I:e Un'r-otfsily De,ron.T0A s 76%03 Mayor F,linor llughes P.esident's City of Denton Oltice Denton, Texas 76201 I Dear Mayor Hughes: I should like to propoee a settlement offer from North Texas State University concerning the present litigation pending between NTSU and the City of Denton. This litigation is related to the request from NTSU that the City close two blocks on Avenue D and twf7 blocks on Prairie Street. The offer includes a reimbursement to the City of Denton for costs incurred by the City of Denton or a contractor employed by the City for per- forming the following: 1) Moving the necessary portions of electrical transmission lines along Avenue D from Highland to Sycamore and west one block to Avenue E, utilizing the present level of facilities and the present level of services in order to accommodate the new HPER Building, such work to commence immediately upon the approval of the settlement offer. This work is necessary `n remove the hazard of the lines from that portion -of the campus, to enhance the appear- ance of that portion of the campus, and to make room for the actual construction of the HPER Building. NTSU will pay to the City of Denton 35 000 for per- forming this work. 2) Constructing or reconstructing all electrical, water and sewer liner, disturbed as a result of the proposed closing of the streets and erection of the HPER Building, such work to be done concurrently with the work on the HPER Building. NTSU will pay to the City of Denton $500 for performing this work. 3) The City of Denton will install four-way stop signs at the intersection of Avenue C and Chestnut Street. In addition, the City will install on Avenue C a pedestrian crosswalk and necessary signs at a location between Chestnut and Highland Street wherever it is found to be necessary to maintain maximum pedestrian safety and as expeditiously as possible. This work will be performed by the City of Denton at no cost to NTSU. E}IFIIBIT A r.„re~~r, oll~e •.+c ar ~.~aa.: o ~e Mayor llurhes August 23, 1976 . ~pag~2 - d 4) The donation, acquisition or rci.inburseinent for acquisition of the necessary land (right-of-way) along the cast and west sides of Avenue E to widen that thoroughfare from Oak Street to the I-35 access road at the south end of Avenue E. Such street improvement is necessary in order to connect Avenue E to the I-35 access road Icading from the Avenue D bridge across I-35E contingent upon the approval of the appropolate authorities of the City of Denton. NTSU will pay to the City of Denton $135,000 for performing this work. 5) Ths donation, acquisition or reimbursement for acquisition of the necessary right-of-way to widen Eagle Drive west from Avenue C to I-35 access road and the proportionate cost of paving and curbing that part of Eagle Drive as may be required to handle an increased traffic flow. NTSU will pay to the City of Denton $65, 000 for performing this work. 6) The proportionate cost of improving Avenue E (including paving and curbing) in order to better accommodate the flow of traffic. NTSU will pay to the City of Denton $165, 000 for performing this work. All work mentioned in items 4, 5 and 6 is to be completed by September 1, 1978. If NTSU furnishes any of the above-mentioned items, then that amount will be credited by the City against the total cash settlement. In addition to the above-mentioned items, I shall recommend the follow- ing resolution to the NTSU Board of Regents. (See attached) I should like to recommend to the City of Denton that the deed conveying the blocks on Avenue D and Prairie Street to NTSU will contain a-condition that if Avenue C is closed by an attempt of NTSU through any means other than action by the City Council, then the property described in the deed will revert to the City of Denton. I trust that due consideration may be given to this offer, that it will be found acceptable, and the present dispute between both parties is resolved. Sincerely, C. C. Nolen, President CCN:er RESOLUTION Be It Resolved: That the Board of Regents of North Texas State University for and in a consideration of the granting to it certain portions of Avenue D and West Prairie streets by the City of Denton, Texas, for the purpose of constructing an educa- tional facility known as the HPER Building, and for the extension and improvement of Avenue E by said City of Denton; hereby concurs with the recommendation of President Nolen that North Texas State University will not take any action other than a request to the City Council of the City of Denton, Texas, to close Avenue C. • I The intent of said recommendation is to permit the said City Council its discretion to close Avenue C, but if said City Council votes "no's, then the request will terminate and no legal proceeding to close same will be commenced by North Texas State University. The Board of Regents further instructs President Nolen 0 thoroughly study every possible alternative related to retaining Avenue C within the North Texas, State University Mister Plan. s 1 ~j z ~ I t~ 9 k its 1; To~. NO. ? b- p AN ORDINANCE AMENDING RULES OF PROCEDURE FOR THE CITY COUNCIL OF DENTON, TEXAS; PROVIDING A SEVERABILITY CLAUSE; XiD DECLARING AN EFFECTIVE DATE. WHEREAS, the Constitution and Laws of the State of Texas, and the City Charter of the City of Denton, Texas, authorize the City Council of said City to promulgate and establish rules of proce- dure to govern and conduct meetings, order of business, decorum, etc., while acting as a legislative body representing said City; ' and WHEREAS, because of its desire to effectively and efficiently serve the public through the medium of public meetings it has be- come necessary to amend the guidelines rslating to proper conduct of all parties present for such meetings; now, therefore, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: All meetir,,s of the City Council are open to the public, and during any meeting a reasonable opportuni;•y shall be given for citi- zens to be heard under the rules set north below. The Rules of Pro- cedu:.,e hereby enacted establish guidelines to be follower. by all persons in the Council Cham:,r including the City Administrative Staff; news media, and visitors. 1. AUTHORITY 1.1 Charters Section 2.07 of the Charter of the City of Denton provides that the Council shall det"mine its own rules of procedure for meeting. The following set of rules shall be in effect upon their adoption by the Council and un+sil such time as they are amended or new rules adopted in the manner provided for by these rules. 2. GEN.:RAL RULES 2.1 Meetings to bG Publics All official meetings of the Council oxcept executive meetings or sessions permitted by the Texas Open Meetings Law, and all sessions of a Committee of the Council aball be public. (Charter, Section 2.05(d)) I I 2.2 Quorum: Three members of the Council shall consti- tute a quorum. [Charter, Section 2.06] 2.3 Compelling Attendance: No member shall be excused from attendance at a Council meeting except for good and valid reasons. 2.4 Misconduct: The Council may punish its own members for misconduct. 2.5 Minutes of Meetings: An account of all proceedings of the Council shall be kept by the City Secretary and shall be entered in a book constituting the official record of the Council. 2.6 Questions to Contain one Subjet-t: All questions sub- mitted for a vote shall contain only one subject. If two or more points are involved, any member may require a division, if the question reasonably admits of a division. 2.7 Right of Floors Any member desiring to speak shall be recognized by the Chairman, and shall confine his or her remarks to the subject under consideration or to be considered. No member shall be allowed to speak more than once on a!• or.c subject until every member wishing to speak shall have spokt.,. 2.8 City Manager: The City Manager, or Acting City Man- ager, shall attend all meetings of the Council unless excused. He may m ke recommendations to the Council and shall have the right to take part in all discussions of th,: Council, but shall have no vote. (Charter, Section 5.03(d)) 2.9 City Attorney: The City Attorney, or Acting City Attorney, shall be available upon request for r.11 meetings of the Council unless excused and shall, upon request, give an opinion, either written or coal, on questions of law. The City Attorney shall act as the Council's parlimentarian. 2.10 City Secretar : The City Secretary, or Acting City Secretary, shall attend all meetings of the Council unless excused, &nd small keep the oificial minutes and perform such other duties as may be requested of him by the louncil. -2- 2.11 Officers and Employees: Any officer or employee of the City, when requested by the City Manager, shall attend any meet- ing of the Council. if requested to do so by the City Manager, they may present information relating to matters before the City Council. 2.12 Rules of Order: These rules govern the proceedings of the Council in all cases, and where such rules are silent, Roberts Pules of Order shall govern. 2.13 Suspension of Rules! Any provision of these rules not governed by the City Charter or Code may be temporarily suspended by a four-fifths vote of all members of the Council. The vote on any such suspension shall be taken by yeas and noes and entered upon the record. 2.14 Amendment of Rules: These rules may be amended, or new rules adopted by a majority vote of all members of the Council, provided that the proposed amendments or new rules shall have been introduced into the record at a prior Council meeting. 3. CODE OF CONDUCT 3.1 :ouncil Members (a) During Council meetings, Council Members shall preserve order and decorum and shall neither by conversation or otherwise delay or interrupt the proceedings nor refuse to obey the orders of the Mayor Cor Chairman) or the rules of the Council. (b) A Couneilperson, once recognized, shall not be interrupted while speaking unless called to order by the mayor (or Chairman), unless a point of order is raised by another member or the parliamentarian, or unless the speaker chooses to yield to ques- tions from another member. If a Councilperson is called to order while he is speaking, he shall cease speaking immediately until the quastion of order is determined. if ruled to be in order, he shall be permitted to proceed. If ruled to be not in order, he shall re- main silent or shall alter his remarks so as to comply with rules of the Council. -3- 3.2 Administrative Staff ' (a) Members of the administrative staff and employees of the City shall observe the same rules of procedure and decorum applicable to members of the Council, and shall have no voice unless and until recognized by the Chair. (b) While the presiding officer shall have the auth- ority to preserve decorum in meetings as far as staff members and City employees are concerned, the City Manager also shall be respon- sible for the orderly conduct and decorum of all city employees under his direction and control. (c) The City Manager shall take such disciplinary action as may be necessary to insure that such decorum is preserved at all times by City employees in Council meetings. (d) All remarks and questions addressed to the Council shall be addressed to the Council as a whole and not to any indivi- dual member thereof. (e) No staff member, other than a staff member having the floor, shall enter into any discussion either directly or in- directly without permission of the presiding officer. 3.3 Citizens (a) Citizens are welcome and invited to attend all meetings of tLe CouncS.l, ani will be admitted to the Council Chamber up to the fire safety capacity of the room. (b) All citizens will refrain from private conversations ca the Chamber while the Council is in session. (e) Citizens attending Council meetings also shall observe the same rules of proprietry, decorum, and good conduct applicable to the administrative staff. Any person making personal, impertinent, or slanderous remarks or who becomes boisterous while addressing the Council or while attending the Council meeting shall be removed from the room if the Sergeant-at-Arms is so directed by _4- the presiding officer, and such person shall be barred from further audience before the Council during that session of the Council. (d) Unauthorized remarks from the audience, stamp- ing of feet, whistles, yells, and similar demonstrations shall not r be permitted by the presiding officer, who shall direct the Sergeant- at-Arms to remove such offenders from the room. Aggravated cases shall be prosecuted on appropriate complaint signed by the presiding officer. In case the presiding officer shall fail to act, any Nnem- ber of the 'Zouncil may move to require him to act to enforce the rules, ane. the affirmative vote of the majority of the Council shall require the presiding officer to act. (e) No placards, banners or signs of any kind will he permitted in the Council Chamber except exhibits, displays and visual aids used in connection with presentations to the Council pro- vided that such exhibits, displays and visual aid:; do not disrupt the meeting. 3.4 Enforcement The City Manager in the absence of a designated law enforce- ment officer, shall act as Sergeant-at-Arms for the Council, and shall furnish whatever assistance is needed to enforce the rules of decorum herein established. 3.5 seating Arrangement The City Secretary, City Manager and City Attorney shall occupy the respective seats in the Council chamber assigned to *hem by the Mayor, but any two or more members of the Council may ex- change seats. 4. TYPES OF MEETINGS 4.1 Regular Meetings: The Council steal' meet at seven o'clock p.m. on the kirst and third Tueaday of each month or at any other times set by the Council, unless postponed for valid reasons. -5- All regular meetings of the Council will be held in the Municipal Building at 215 EF-St McKinney. 4.2 Special Meetings: Special Meetings may be called by the Mayor, the City Manager, or by any three members of the Council. The call for a special meeting shall be filed with the City Secretary in written form, and he shall post notice thereof as provided by law. 4.3 Emergency Meetings: In case of emergency or urgent public necessity, which shall be expressed in the notice of the meet- ing, an emergency meeting may be called by the Mayor, the City Man- ager or by three members of the Council, and it shall be sufficient if the notice is posted two hours before the meeting is convened. 4.4 Executive Meetings: The Council may meet in an execu- tive meeting or session pursuant to the requirements of the Texa3 Open Meetings Law. [Article 6252-17, V.T.C.S.) 4.5 Recessed Meetings: Any meeting of the Council may be recessed to a later time, provided that no recess shall be for a longer period than until the next regular meeting. 4.6 Notice of Meetings: The agenda for all meetings shall be posted by the City Secretary on the City's official bulletin board and notice of all meetings shall be given by the City Secretary pur- suant to the requirements of the Texas Open Meetings Law. [Article 6252-17, V.T.C.S.3 5. CHAIRMAN AND DUTIES 5.1 Chairman: The Mayor, or in his absence, the Mayor Pro- Temp shall preside as Chairman at all meetings of the Council. In the absence of both the mayor and the Mayor Pro-Tem, the Council shall elect a temporary Chairman. (Charter, Section 2.031 5.2 Call to Order: The meetings of the Council shall be called to order by the Mayor, or in his absence, by the Mayor Pro- Tem. In the absence of both the Mayor and the Mayor Pro-Tem, the meeting shall be called to order by the City Secretary, and a tem- porary Chairman shall be elected as provided above. -6- 5.3 Preservation of Orders The Chairman shall preserve order and decorum, and confine members in debate to the question under discussion. Tho Chairman shall call upon the Sorgoant-at-Arms as necosaary to enforco compliance with the rulea contained heroin. 5.4 Points of Order: The Chairman shall determine all points of order, subject to the right of any member to appeal to the Council. If any appeal it: Lakcn, Lhu quosLion shall 1)o, "Shall the decision of the Chairman be sustained?". If a majority of the mem- bers present vote "No", the ruling of the chair is ovorruledt other- wise, it is sustained. 5.5 Questions to be Stated: The Chairman shall state all questions submitted for a vote ani annowico tF.a roEiult. A roll call vote shall be taken upon the request of any noinbee, and upon the pass- ego of all ordinances and resolutions. 5.6 Substitution for Chairmans Tho Chairman may call any other moribor to take his place in the chair, such substitution not to continue beyond adjournment. • 5,7 Call for Recosst The Chairman may call for a recess of up to fifteen (15) minutes at regular intorvale of approximately one hour at appropriate points in the meeting agenda, or if requested by any two mombors. 6, ORDER OF BUSINESS 6.1 Agendas The order of business of each mooting shall be as contained in tho.Agonda prepared by the City Manager and reviewed by two representatives of the Council (Agenda Committoo). In the in- torost of time and offieiency, the Agenda Committoo may postpone items in an effort to hold an agonda to a reasonable longth, and tho person requesting the doletud agenda item shall be notified. No agenda item may be postponed past the next rogular Council meeting unless such further postponimant is with the consent of the person requesting such agenda item, The Agenda shall bo a listing by topic of eubjocts to be ecneiderod by the Council, and shall bo dolivored to members of the Council each Friday preceding the regular meeting to which it per- taine, Conduct of businoss at Special Meetings will likewiso be -7- omm governed by an agenda and rules of procec'ure contained herein. 6.2 Presentations by Members of Council: The Aaenda shall provide a time when the Mayor or any Councilperson may bring before • the Council any business that he feels should be deliberated upon by the Council. These matters need not be specifically listed on the Agenda, but discussion and formal action on such matters shall be deferred until a subsequent Council meeting. 6.3 Agenda Deadline: Any person desiring to present a sub- ject for the Council's consideration shall advise the City Manager's office of that fact not later than 12:00 noon o'clock on Thursday preceding the meeting at which he wishes the subject to be considered. 6.4 Presentation by Citizens: Any person who wishes to address the Council shall advise the City Secretary's office of that fact and the specific subject matter to which he desires to speak no later than 12:00 noon Thursday prior to the Council meeting at which he wishes the daaignated subject to be considered. Any person who wishes to address the Council without having made this preparation must have the unanimous consent of the Council and will be scheduled after all other regular business on the Agenda has been completed. This rule dons not apply to anyone appearing at a public hearing in response to an official notice. 6.5 Time Limit: Citizen speakers will limit remarks to five (5) minutes. Upon written request to the City Secretary five (5) days in advance of the Council meeting at which the speaker wishes to appear, the time limit may be extended to fifteen (15) minutes if approved by the Chairman. Longer extensions will be granted only by a majority vote of thc- Council. 6.6 Communications to Mayor and Council: The City Manager shall provide the Council with an analysis of major items to be acted -8- upon by the Council at its meetings. These communications shall be delivered to Council members each Friday preceding the Tuesday meet- ings at which they will be discussed, unless an emergency condition makes it necessary to deliver the communications on a subsequent day. 6.7 Oral Presentations by City Manacler: Matters requiring the Council's attention or action'which may have detention or action which may have developed since the deadline for delivery of the written communication to the Council, may be presented orally by the City Manager. If formal Council action on a subject is required, such action may be taken provided the provisions of the Texas Open Meetings Law have been satisfied. 7. CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS 7.1 Printed or Typewritten Form: All ordinances and reso- lutions shall be presented to the Council only in printed or type- written form. The Council may, by proper motion, amend any ordinance or resolution presented to it. 7.2 City Attorney to Approve: All ordinances, resolutions and contracts and amendments thereto, shall be approve3 as to form and legality by the City Attorney. (Charter, Section 6.021 7.3 Distribution of Ordinances and Resolutions: The City Manager shall prepare copies of all proposed ordinances and resolu- tions for distribution to all members of the Council at the meeting at which the ordinance or resolution is introduced, or at such earlier time as is expedient. 7.4 Recording of Votee: The ayes and noes shall be taken upon the passage of all ordinances and resolutions and the vote of each member shall be recorded in the minutes. (Charter, Section 2.06 (b) ) 7.5 Majority Vote Required: An affirmative vote of three (3) members is necessary to repeal any ordinance or take any offi- cial action in the name of the City except as othorwiso provided in J the Charter or by the laws of the State of Texas. (Charter, Section 2.06(a)] 7.6 Demand for Roll Call: Upon demand of any member, made before the negative has been put (calling for the negative vote on the question), the roll shall be called for yeas and nays upon any question before the Council. It shall not be in order for members to explain their vote during the roll call! 7.7 Personal Privilege: The right of a member to address the Council on a question of personal privilege shall be limited to cases in which his integrity, character, or motives are assailed, questioned, or impugned. 7.8 Dissents and Protests: Any member shall have the right to express dis:;ent from or protest against any ordinance or resolution of the Council and have the reason therefor entered upon the minutes. Such dissent or protest may be filed in writing, and presented to the Council not later than the next regular meeting following the date of passage of the ordinance or resolution objected to. 7.9 Voting Required: No member shall be excused from vot- ing except for lack of information and except on matters involving the consideration of his own official conduct, or where his personal interests are involved, and in these instances he shall abstain. Any member prohibited from voting by personal interest shall announce at the commencement of consideration of the matter that he is abstaining from voting on the matter and shall not enter into discussion or de- bate on any such matter. The member having briefly stated the rea- son for his request, the excuse from voting shall be made without debate. 7.10 Order of Precedence of Motions: (a) The following motions shall have priority in the order indicated: 1. Adjourn (when privileged) 2. Tae a recess (when privileged) 3. Raise a question of privilege • 10- 4. Lay on the table 5. Previous question (2/3 vote required) 6. Limit or extend limits of debate (2/3 vote required) 7. Postpone to a certain time 8. Commit or refer 9. Amend 10. Postpone indefinitely 11. Main motion. (b) The first two motions are not always privileged. To ad- journ shall lose its privilege character and be a main motion if in any way qualified. To take. recess shall be privileged only when other business is pending. (c) A moticn to adjourn is not in order: 1. When repeated without intervening business or discussion 2. When made as an interruption of a member while speaking 3. While a vote is being taken. (d) Can be amended - others cannot be amended. (e) A motion to amend shall be undebatable when the question to be amended is undebatable. 7.11 Reconsideration: A motion to reconsider any action of the Council can be made not later than the next succeeding offi- cial meeting of the Council. Such a motion can only be made by a member who voted with thI5 majority. it can be seconded by any mem- ber. No question shall be twice reconsidered, except by unanimous consent of the Council, except that action relating to any contract may be reconsidered at any time before the final execution thereof. 7.12 The Previous Question: When the previous question is moved rnd seconded, it shall be put as follows: "Shall the main question be now put?" There shall then be no further amendment or debate; but pending amendments shall be put in their order before the main question. if the motion for the previous question is lost, the main question remains before the Council. An affirmative vote of three-fifths of the Council shall be required to move the previous question. 2b demand the previous question is equivalent in effect -11- to moving "that debate now cease, and the Council immediately proceed to vote on the pending motion". In practice, this is done with the phrase "Call for the Question", or simply saying "Question". 7.13 Withdrawal of Motions: A motion may be withdrawn, or modified, by its mover without asking permission until the motion has been stated by the Chairman. If the mover modifies his motion, the seconder may withdraw his second. After the question has been stated, the mover shall neither withdraw it nor modify it without the consent of the Council. 7.14 Amendments to Motions: No motion or proposition of a subject different from that under consideration shall be admitted under color of amendment. A motion to amend an amendment shall be in order, but one to amend an amendment to an amendment shall not be in order. 7.15 Appropriations of Monomer: Before formal approval by the Council of motions providing for appropriation of money, information must be presented to the Council showing the purpose of the a,)propria- tion. In addition, before finally acting on such an appropriation, the Council shall obtain a report from the City Manager as to the avail- ♦ ability of funds and his recommendations as to the desirability of the appropriation. 7.16 Transfer of Appropriations: Upon thus written recommen- dation of the City Manager, the Council may at any time transfer an unencumbered balance of an appropriation made for the use of one depart- ment, division, or purpose; but no transfer shall be made of revenues or earnings of any nontax supported public utility to any other purpose. 8. CREATION OF COMMITTEES, BOARDS AND CGMMISSIONS 8.1 Council Committees: The Council may, as the need arises, authorize the appointment of "ad hoo" Ceinc it committees. Any commit- tee so created shall cease to exist upon the accomplishment of the special purpose for which it was created or w.ten abolished by a majority vote of the Council. .12- I 8.2 CitAzen Boards, Commissions, and Committees: The Council miy create other Committees, Boards, and Commissions to assist in the conduct of the operation of the City government with such duties as the Council may specify not inconsistent with the City Charter or Code. Memberships and selection of members shall be as provided by the Council i.f not specified by the City Charter or Code. Any Committees, Boards, or Commissions so created shall cease to exist upon the accomplishment of the special purpose for which it was created, or when abolished by a majority vote of the Council. No Committee so appointed shall have powers other than advisory to the Council or tc the City Manager, except as other- wise specified by the Charter or Code. 9. VOTES REQUIRED Questions on which the voting requirement is varied by the Charter, State Statutes and these rules are listed below: 9.1 Charter and State Statutory Requirements (a) Charter Amendment - Four Votes: Ordinances submitting proposed Charter amend- ments must be adopted by a two-thirds vote of the Council. (Article XI, Section 3, Texas Constitution and Article 1165, Revised Civil Statutes]. For a five member Council, this means four members must vote affirmatively, as three-fifths is leas than two-thirds, hence a four-fifths vote of all the members is required. (b) Levying Taxes - Four Votes: Ordinances providing for the assessment and col- lection of taxes require the approval of two-thirds of the members of the Council. (Article 1033, Revised Civil Statutes]. (o) Changing Paving Assessment Plans - Four Votes: Changes in plans for paving assessment require a two-thirds vote of the Council. (Article 1105b, Section 10, Re- vised Civil Statutes], -13- w' (d) Changes in Zoning Ordinance - Four Votes: Changes in Zoning Classifications, cohere a hear- ing is held by the Council and such change is protested by owners of twenty (208) percent or more of the area within 200 feet of the I affected property, must have the approval of four (4) members of the Council. [Article 101le, Povised Civil Statutes and the Revised Zoning Ordinance] A four-fifths vote of the total membership shall be required to override a decision of the Planning and Zoning Cori- mission except as otherwise provided in the Charter or by the general laws of the State of Texas. (Charter, Section 2.06(a)) 10. RULES OUSPENSION OR AMENDMENT 10.1 Suspension of Rules: Any provision of these rules not governed by the City Charter or Code may be temporarily suspended by a majority vote of the Council. The vote on any such suspension shall be taken by yeas and noes and entered upon the record. 10.2 Amendment of Rules: These rules may be amended, or new ru'l,2s adopted by a majority vote of members of the council pre- sent, provided that the proposed amendments or new rules shall have been introduced into the record at a prior Council meeting. 11. SEVERABILITY CLAUSE That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any per- son or circumstances is held invalid by any court of competent juris- diction, such holding 6hall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Dentcn, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. PASSED and APPROVED this the 19th day of October, A. D. 1976. ELINOR HUGHES, MAYOR ATTEST OOKS LT, C Y SECRETAR VED AS TO LEGAL FORM: 4~VV Ali i 7'SHAMI CITY ATTORNEY -ld- r c 1 ~ 1: , r.~.. Y f 4',. i t 1 i ~t~~, ` ~ X.'~ ^ ;4 i .r~~' t t. ~ r; tw r ~ ~ ~ ' tz 4 r ' a E x c3 " err 1 ~ . ~ 1~ 1 i ~ v i ""jii~i~'i t ~ki~ 229 West Hickory Box 618 Denton Texas 76201 817 387 61 48 > -11FE TITLE company of Denton October 4, 1976 Mr. Paul Isham, Attorney Municipal Building Denton, Texas 76201 Re: Sale from Joe M. Erwin et al to City of Denton Dear Sir: We are enclosing Owner's Title Policy No. 1 158868 which covers the recent property purchase from Mr. Erwin, et al. If we can be of further service to you in the future, please call us. Thanking you we remain, Very truly yours, USLIFE '1I TILE CO. OF DENTON Byt Ott a Akers AA~ OA/bp enols "FE TITLE INSURANCE Company of Dallas Owner Policy of Title Insurance GF3t17774 USLIFE TITLE INSURANCE Company of Dallas, DALLAS, TEXAS, a Texas Corporation, HEREINAFTER CALLED THE COMPANY, for value does hereby guarantee to the herein named Insured, the heirs, devisees, executors and administrators of the Insured, or if a" corporation, its successors by dissolution, merger or consolidation, that as of the date hereof, the Insured has good and indefeasible title to the estate or interest in the land described or referred to in this policy. The Company shall not be liable in a greater amount than the actual monetary loss of the Insured, and in no event shall the Company be liable for more than the amount shown in Schedule A hereof, and shall, except as hereinafter slated, at its own cost defend the Insured in every action or proceeding on any clam against, or right to the estate or interest In the land, or any part [hereof, adverse to the title to the estate or interest in the land as hereby guaranteed, but the Company shall not be required to defend against any claims based upon matters in any manner excepted under this policy by the exceptions in Schedule B hereof or excluded by Paragraph 2, "Exclusions from Coverage of this Policy," of the Conditions and Stipulations hereof The party or parties entitled to such defense shall within a reasonable time after the commencement of such action or proceeding, and in ample time for defense therein, give the Company written notice of the pendency of the action or proceeding, and authority to defend. The Company shall not be liable until such adverse Interest, claim, or right shall have been held valid by a court of last resort to which either litigant may 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 the whole liability limited above as shall bear the same ratio to the whole liability that the adverse interest, claim, or right established may bear to the whole estate or Interest in the land, such ratio to be based on respective values determinable as of the date of this policy. In the absence of notice as aforesaid, the Company is relieved from all liability with respect to any such Inter- est, claim or right; provided, however, that failure to notify shall not prejudice the rights of the Insured if such Insured shalt not be a party to such action or proceeding, nor be served with process therein, nor have any knowledge thereof, nor in any case, unless the Company shall be actually prejudiced by such failure. Upon sale of the estate or interest in the land, this policy automatically thereupon shall become a warrantor's policy and the Insured, 'he heirs, devisees, executors and administrators of the Insured, or if a corporation,.its successors by dissolution, merger or consolidation, shall for a period of twenty-five years from date hereof remain fully protected according to the terms hereof, by reason of the payment of any loss he, they or it may sustain on account of any gpN xNCE cotiA warranty of title contained in the transfer or conveyance executed by the Insured conveying r . the estate or interest i r the land, The Company shall be liable under said warranty only by (f = reason of defects, liens or encumbrances existing prior to or at the date hereof and not excluded either by the exceptions or by the Conditions and Stipulations hereof, such liability r s not to exceed the amovrt of this policy. IN WITNESS HEREOF, he USLIFE TITLE INSURANCE Company of Dallas has caused this policy to be executed by its President under the seal of the Company, but this policy is to be valid only when it bears an authorized countersignature, as of the date set forth in Schedule A. Prendent & ch,ff Fucuhn office, X/f Attest. Senor Vxe President, Seerelerytno rreuorer 11~ Avfhorited S,greture Formerly DALLAS TITLE AND GUARANTY COMPANY FOAM m 1 IoM •tur 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 agai,.A loss or damage by reason of the following: (a) The refusal of any person to purchase, lease cc lend money on the la,td. lb) 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, governments or other entities to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or to any land extending from the line of mean low tide to the line of vepetation, or to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or to li lands, or artificial islands, or to riparian rights, or the rights or interests of the State of Texas or the public generally in the area extending from the line of mean low tide to the line of vegetation, or their right of access thereto, or right of easement along and across the same (d) Defects, liens, encumbrances, adverse claims against the title as inst-ed or other matters (1) created, suffered, assumed or agreed to by the Insured at the date of this policy, or (2) known to the Insured at the date of this policy unless disclosure thereof in writing by the Insured shall have been made to the Company prior to the date of this policy; or loss or damage which would not have been sustained if the Insured were a purchaser for value without knowledge; or the homestead or community property or kurvivorship rights, if any, of any spouse of any Insured. 3. Defense of Actions (a) In all cases where this policy provides for the defense of any action or proceeding, the Insured shall secure to the Company the right to so provide defense in such action or proceeding, and all appeals therein, and permit it to use, at its option, the name of the Insured for such purpose. Whenever requested by the Company, the Insured shall give the Compan; all reasmnable aid in any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or defending such ?ction or proceeding. (b) The Company shall have the right to select counsel of its own choice whenever it is required to defend any action or pro- ceeding, and such counsel shall have full control of said defense. (c) Any action taken by the Company for the defense of the Insured or to establish the title as insured, or both, shall not be con- strued as an 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 this policy for liability voluntarily assumed by the Insured in settling any claim or suit without written consent of the Company. (b) All payments under this policy, except payments made for costs, attorney fees and expenses, shall reduce the amount of the Insurance pro Canto; and the amount of this policy shall be reduced by any amount the Company may pay under any policy Insuring the validity or priority of any lien excepted to herein or any instrument hereafter executed by the Insured which is a charge or lien on the land, and the amount so paid shall be deemed a payment to the insured under this policy. (c) 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 hereunder 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 subrogetlon shall vest in the Company unaffected by any act of the Insured, and it shall be subrogeted to and be entitled to all rights and remedies of the Insured against any person or property in respect to such claim. The Insured, if requested by the Company, shell transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation, and shall permit the Company to use the name of the Insured In any transactio t or litigation involving such rights or remrAies. 6. 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 requited to be furnished the Company, shell be addressed to USLIFE TITLE INSURANCE Company of Deltas, $301 Main Street, Callas, Dallas County, Texas 76202, 6. This policy is not transferable. COZ~3o G~C~C~DDE; C)~0 0 "T Pd o o m o 0 Td N N, y' O -wO d Qd (D 3 (D m M w N d la d 0. O C- > d a 3 G 3 N (MA Vs Z Q N v+ n ; p n 3x-.mod a~• d Nd [ ~Nrr0) -h T v ~C z F o 0 a :3 N n y I 1 m C 0 N n [ s A R S co < 3 L O < < < < < rz 5 ti 9 9 L 9 L Y N n Q y -p ` N T rt Z i r w N 3 N c u a - - ~ ° z m n3'~ n y C a • r 1 SCHEDULE A Amount: $11,000.00 Owner Policy No,: U 1 158868 GF No. or File No.: 17779 Date of Policy: October 11 1976 Name of insured: CITY OF DENTON, TEXAS 1. The estate or interest in the land insured by this policy is: Fee Simple (fee simple, leasehold, easement, etc.-identify or describe) 2. The land referred to in this policy is described as follows; All that certain lot, traot or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the A. Hill Survey, Abstract No. 623, and being part of Lot Nos. 12, 13, 14 and 15, Block B of the Paul Hamilton Addition, an Addition to the City and County of Denton, and also being parts of three tracts of land hereinafter referred to as Tracts 1, 2 and 3, Tract 1 as conveyed from James McGaugh and wife, Evelyn McGaugh to Joe M. Erwin and James A. Erwin by deed dated February 14, 1966, and recorded in Volume 534, Page 390 of the Deed Records of Denton County, Texas, Tract 2 as conveyed from Susie Grey B,•aly, et al to James A. Erwin and Joe M. Erwin by deed dated July 14, 1975, and recorded in Volume 761, Page 643, of the Deed Records of Denton County, Texas, Tract 3 as conveyed from Susie Gray, at al to Joe M. Erwin ar;d James A. Erwin by deed dated June 7, 1968, and recorded in Volume 568, Page 115, of the Deed Records of Denton County, Texas, and more particularly decoribed as follows: BEGINNING at the Northeast corner of said Tract 3, said point of betinning lying in the existing South right of way line of Eagle Drive and also being the Northwest corner of a traot of land conveyed by James H. Normile to Joseph L. Normile by deed dated February 9, 1960; THENCE South along the East boundary line of saitl. Tract 3, a distance, of 13 feet to a point for a corner; THENCE West, 13 feet South add parallel with the North boundarryy line of said Tracts 2 and 3, same being the South right of way of Eagle Drive a distance of 119 feet to a point for & corner on the West boundary line of said Tract 2, same being tie East boundary line of said Tract 1; THENCE North 820 131 West a distance of 95.88 feet to a point for a corner on the North boundary line of said Tract 1, same being the South right of way line of Eagle Drive; THENCE East along the North boundary line of said Tracts 1, 2 and 3, same being the South right of way lino of Eagle Drive a distance of 214 feet to the place of beginning and containing 2164.,vo square feet, of land. pore or leas. Denton USLIFE TITLE INSUPJ.NCE Cornpary of Dallas 1301 Main Streat Dailsk Texas 76202 1 ~ V...Mtt......M nn J SCHEDULE B Owner Policy No.: 1 158868 This policy is subject to the Conditions and Stipulations hereof, the terms and conditions of the (eases or easements in- sured, if any, shown in Schedule A, and to the following matters which are additional eKCeptions from the coverage of this policy: 1. Restrictive covenants affecting the land described or referred to above. 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments, or any overlapping of lm- provements. 3. Taxes for the year 19-76 and subsequent years. 4. The following lien(s) and all terms, provisions and conditions of the instrument(s) creasing or evidencing said lien(s): None. 5. any portion of the captioned property falling within the boundaries of any road, street or highway. 6. Visible and apparent easements on or across the property. k t.." a JIM ago