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MEMORANDUM JF A)VISARY COMMMI
CI Y •F TENTS TEX S
Alexander Grant
&COM PANY I NTE AN ATIONAL F I AM
CERTIFIED PUBLIC ACCOUNTANTS ALEXANDER GRANT TANSLEY WITT
October 31, 19'!''
Honorable Mayor and City Council
City of Denton, Texas
' In connection with our examination of the financial
statements of the City of Denton, Texas as of September 30,
1977, we reviewed various internal procedures and controls of
the City in order to establish the scope of our examination
and did not make a comprehensive review for the purpose of
submitting detailed recommendations.
As a result of our review, we noted certain areas
where financial and policy matters should be considered and
internal controls strengthened. This memorandum summarizes
our comments and suggestions.
We have already discussed our comments and suggestions
orally with various personnel of the City; we will be pleased to
discuss them further.
ONE MAIN PLACE DALLAS, TX 75250 (214) 748-0100
SYSTEMS AND PROCEDURES
Texas Municipal Power Pool
During our review of the financial records for the
year ended September 30, 1977, we noted several instances which
indicated that the delegation of responsibilities between the
finance and electric utility (production) departments cou19 be
improved with respect to the Texas Municipal Power Pool (TMPP)
and Texas Municipal Power Agency (TMPA). These instances, as
noted below, had a direct financial impact upon the City.
A. The City had paid one invoice submitted by TMPP,
totaling approximately $110,000, twice. In discus-
sions with City personnel and in our testing, we
noted at least two other instances where duplicate
payments had been caught at the last minute. These
duplications are a result of TMPP sending copies of
the same bill to more than one person in the City
and each person submitting the bill for payment.
B. Electric power sold to TMPP in the month of
November 1978, totaling $209,000, was never billed.
An invoice had been prepared by the utilities
department but had not been received or processed
by the finance department.
C. There were minor discrepancies between the bills
paid by accounting and the costs used in the fuel
adjustment calculatio- esulting apparently from
estimPted costs not being adjusted to actual.
We recommend that the Director of Finance and the
Director of Utilities designate one person, preferably with no
access to the cash receipts and disbursements functf)ns, to be
responsible for assuring that all electric production transactions
are given appropriate accounting recognition. This person would
be responsible for initiating billings to both TMPP and to others;
for approving all payments to TMPP for power purchases; would
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receive copies of all remittances fror. TMPP and would distribute
copies of the various billings to the appropriate persons or
groups (i.e., Public Utility Board). We also suggest that TMPP
be requested to send copies of bills and related correspondence
to this person. Further, we suggest that the miscellaneous
billing invoices be prenumbered and accounted for on a periodic
basis.
In addition to the areas mentioned above, we noted
that the City maintains a record of "inadvertent" power sales
to and from TMPP. However, no accounting recognition is given
to this account. The amounts involved in the current year are
not significant, however, there could be a considerable increase
in the amounts and activiCy involved in .°uture years. We
recommend that this account be "zeroed out" on a periodic basis
and accounting recognition be given all transactions in the
account.
We understand that a mimber of these recommendations
have already been instituted.
Revenue Sharing Expenses
Ur,der the provisions of the revenue sharing regulations,
the City must be able to determine what specific expenses are made
from such funds, including expenditures made by any other entity
to which such money is transferred (i.e., Flow Memorial hospital).
Under the City's current system, revenue sharing funds are
` budgeted and laid from various funds and a reimbursement check
is made from the revenue sharing fund. Consequently, the in-
tended use of revenue sharing funds is documented but the
accounting records do not reflect the actu'l use to the extent
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required by the regulations. We suggest that the specific
expenditures be made by the revenue sharing fund and the support-
ing documentation filed with the revenue sharing fund. We
discussed this procedure with the Director of Finance and under-
stand that this system has been implemented for the current year.
In addition to the above, we wish to call to your
attention the fact that if Flow Memorial Hospital is funded from
revenue sharing funds, it will have to be audited.
Traffic Procedures
In our prior year recommendations, we suggested that
the City institute a procedure to assure that all tickets issued
are properly included on the docket for consideration by the
court. Such a procedure has not yet been established. This
year, we noted, additionally, that the disposition for the
various tickets had not been posted in the docket for the majority
of the current year. Consequently, there is no reliable means of
determining which tickets are still outstanding and require follow-
up. We recommend that the City establish a procedure to assure
that all tickets issued are properly included on the docket and
we recommend that the existing procedure for maintaining control
of the disposition of tickets be used on a timely basis to assure
a proper disposition of all tickets issued.
Utility Receivables
During our review of the detail accounts receivable,
we noted that Flow Memorial Hospital was some three or four
months behind in the payment of their utility bills and owed
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the City approximately $54,000 at September 30, 1977. Thus, the
City is subsidizing the hospital to this extent in addition to
making its annual contributions. The City should take the steps
necessary to assure this account is kept current.
In our review of credit memos, we noted that there were
a large number of significant credit memos. Most of these appar-
ently arose due to excessive billings caused by erroneous meter
reodings and key punch errors which were caught by the credit
manager prior to sending the bill but, after a bill had already
been prepared. In order to catch these errors, the customer
service department scans each bill prior :o mailing. While some
errors will always be present in a system the size of Denton,
we believe the amounts of errors could be substantially reduced
by more stringent computer checks and fuller utilization of
computer edit and error listings. This would allow the customer
service personnel to concentrate their time c,A. problem areas
rather than looking at the multitude of correct items. Addi-
tionally, since many of the credit memos are originated by the
credit manager, we recommend that any credit memos in excess
of a specified, reasonable amount require approval by the
Director of Finance or his designee in addition to the approval
of the credit manager.
Last year we recommended that the Council provide
basic guidelines to the Customer Service Department as to when
delinquent accounts should be disconnected. We understand that
the Public Utilities Board is considering this recommendation
along with other proposed changes. However, we would liko to
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reemphasize this recommendation since this is an area requiring
considerable judgment on a day-to-day basis which directly effects
the constituents of the City.
Cash Receipts
At SeptvAber 30, 1977, the City was several days behind
in processing and depositing utility payments received through
the mail, apparently due to the illness of various personnel.
We recommend that changes in the system be instituted so that
all receipts are processed and deposited on the same day they
are received.
Detail Fixed Asset Records
The City currently maintains only a total figure for
its property, plant and equipment and does not maintain a detail
of the assets and related costs which make up that total. Good
asset accountability requires that these accumulated costs be
assigned to the specific assets involved. This could provide
data which management can then use in the decision making pro-
cess necessary to establish fair and equitable rate structures
and to determine current and future expansion needs. Also, it
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should be noted that the current revenue sharing regulations
require that specific information, such as cost and date pur-
chased, be maintained for all property or equipment purchased
with revenue sharing funds.
Inventory
When the year-end warehouse inventory was taken, it
was necessary to make an adjustment of approximately $18,000
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to balance the perpetual records with tKe physical count. This
was apparently necessitated because proper requisitions were
not filled out for all items removed from the warehouse. Our
review and discussions with management indicate that the reason
for the adjustment could have been that equipment was needed to
make emergency repairs, that there might not have been time to
properly complete the paper work when the material was used and
it might have later been forgotten, While such emergencies do
occur, no i'em should be removed from the warehouse without the
appropriate requisitions being filled out.
Building and Other Permits
Under the City's current system, the Community Develop-
ment Department prepares an invoice for building permits which
is taken to the cashier who Assuss the building permit upon
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receipt of the required fee. However, physical access to the
unissued permits is not well controlled.
The system for issaing permits other than building
permits differs in that the permits are actually issued by the
Community Development Department, Permit holders are then re-
quired to follow the honor system by going to the cashier to make
payment.
We recommend that permits other than building permits
contain the logend "not valid until validated by cashier" and
that such validation be made by the cashier at the time c pay-
ment. This would provide the City with some assurance that all
permits are paid for. We also suggest that the building permits
be numerically controlled and stored in a manner so as to limit
access.
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d, FINANCIAL MANAGEMENT
In reviewing the City's current revenue pricing
structures, we noted the following areas which we believe to
be significant.
Fuel Cost Adjustment
The Fuel Cost Adjustment computed under the City's
current rate ordinance does not neecessarily result in the bill-
ing of the same amount of excess fuel cost which the City has
paid. Under the City's current fuel cost adjustment ordinance,
the fuel cost per kilowatt hour is determined for each month.
The amount by which this cost exceeds the "base" cost is then
applied to each kilowatt hour billed in the next month. However,
if the number of kilowatt hours billed is more or less than
those used in the above calculation (hours produced in the prier
month), the recovery vould be more or less than the actual cost.
As the fuel cost adjustment becomes larger, this discrepancy
could have a more significant effect on operations. Additionally,
since the fuel cost adjustment and individual consumption vary
from month-to-month, this method may not necessarily charge the
added cost to the wstomer who ELciually used the power.
We recommend that the City have the Electric Utility
Director study the effects of the current system and consider
amending the current rate ordinance to give effect to the expected
power usage in the period of cost recovery when establishing the
fuel cost adjustment. Further, the City might consider using
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fuel cost adjustment factors based on estimated costs for the
period of usage being billed. Any adjustments necessitated by
the actual cost being different from estimated cost could then
be included in the subsequent period.
Billings to Texar_`;unicipal Power Fool
Currently, the billings to TMPF for intercity sales
are priced at the cost of production. Howevor, no consideration
is given to the fact that the City must include such sales as
gross revenue for computing the 12-1/2% transfer to the Repair
and Replacement Fund. The City should consider this factor in
future billings and be cognizant of this type of transaction
when setting up a similar provision in future bond ordinances.
Revenue Bond Reserve Funds
It Is the City's current policy to allow the interest
earned on the investments in the Revenue Bond Reserve Fund to
accumulate, thereby building up an "excess" in those funds over
the requirements of the ordinances, which, at September 30, 1977
amounted to approximately $235,000 in the electric fund. The
City may be able to transfer these funds into the operating
funds for use in day-to-day operations. However, prior to any
reduction in these accounts, the City should consult with bond
counsel to assure there are no legal prohibitions against such
a transfer.
Water and Sewer System
The City's Water and Sewer Bond covenants require the
City to maintain net revenue (as defined) at 1.30 times the
10
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current annual debt service requirement on an ongoing basis and
1.30 times the largest annual debt service requirement as one
of the conditions for issuing additional bonds.
In our management letter last year, we noted that the
Water and Se%6r operating account way in an overdraft position,
that the net revenues were marginal and that the City had a
need to issue additional bonds in the foreseeable future.
In the current year, the cash overdraft position was
reduced slightly to approximately $727,000. However, the debt
coverage on an ongoing basis (the -jinimum requirement to avoid
a vio:ation of the bond covenants) was only 1.37 tines the
current debt service requirement. Additionally, the coverage
required to issue additional bonds fell from 1.39 times to
1.28 times the largest annual debt service requirement.
Consequently, we believe that the City should give
priority to reviewing the current costs of the water and sewer
system, the short-term system expansion requirements, and rates
charged and the rate structure in order to determine and main-
tain net revenues at an acceptable level.
Cash Balances
In our letter of last year, we described the City's
procedure of pooling cash from several funds into one bank
account and indicated that a possible disadvantage of such a
practice was the loss of easy recognition of cash deficits in
individual funds. We also indicated that, while accumulated
deficits could not be eliminated in a short period of time,
11
st~:os should be taken to begin to eliminate them. We also
enumerated several measures that could be taken.
In reviewing the balances at September 30, 1977, after
adjustment for the two monthly transfers to the Electric and
Water and Sower Sinking Funds which were inadvertantly not made,
we noted that only minimal progress had been made in most cases,
and in one case, the deficit had increased. The City should
continue to closely monitor this situation to insure that each
fund generates adequate cash to pay its expenses.
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THE' STATE.OF TEXAS, ILNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON I
THAT GRANT ESTATES 11EED RECORDS
of Denton County, Texas , in consideration of the sum of
- - - - - - One Dollar - - - - - - - - - - - - - - - - - - - - - - - - - and other good and valuable consideration
in hand paid by the City cf 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, 25839
owned by it . Situated in Denton County, Texas, !n the
R. Beaumont Survey, Abstract No. 31
i
All that certain lot, tract or parcel of land lying and being situated
in the City and County of Denton, State of Texas, and being part of the
R. Beaumont Survey, Abstract No. 31, and being part of Lot No. 1, Block
E of the Grant Estates Addition an addition to the City and County of II
Denton, and also being part of a tract of land as conveyed from Halen
Wright Hardin, et al to Grant Estates, a Limited Partnership by deed
dated July 5, 1977, and recorded in Volume 842, Page 828 of the Deed
Records of Denton County, Texas, and more particularly described as
follows:
BEING the south 5 feet of said lot and being 162 feet in length and
containing 510,00 square feet of land, more or less.
And it is further agreed that the said City of Denton, Texas ,
In consideration of the benefits above set out, will remove from the property above described, such fencer,
buildings and other obstructions as may now be found upon said property.
Forthepurposeof constructing, installing, repairing and perpetually
maintaining public utilities in, along, upon and
across said premises, with the right and privilege at all times of the grantee herein, Ms or its agents,
employees, workmen and representatives having ingress, egress, and regress in, along upon ur,~d.Acrom
sold premises for the purpose of making additions to, improvements on and repairs to the said -
fublic utilities, or
any part thereof.
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for
the purposes aforesaid the premises above described.
Witness Qur hand , this the day of , D. 1977 ,
ATTEST. GRAN AT
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SINGLE ACKNOWLEDGMENT YO! 860 imE 424
THE STATE OF TEXAS, BEFORE DIE, the undersigned authority,
COUNTY OF_.
in and for said County, Texas, on this day personally appeared Gant -_H.-..Jacobso n,..Jr..._.__..._... ~4-'-'&
and -officer _
n knoAn 16 me to bo the person whose name is subscribed to the foregou g ,,.strument, and acknowledged to me
that he executed the same for the purposes and consideration therein expressed.
W e. ,
GIVEN UNDER DIY HAND AND SEAL OF OFFICE, This ~ n
A.P. 19 ~7Notarunty, Texas
DIy Cpire une 1, 19 _
JOINT ACKNOWLEDGMENT
THE STATE OF TEXAS, BEFORE ME, the undersigned authority,
COUNTY OF
in and for said County, Texas, on this day personally appeared..._----- .
- - - - and...._._
his- wife, both known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged
to me that they each executed the same for the purposes and consideratio- therein expressed, and the said..
_ wife of the said having been
examined by me privily and apart from her husbnnd, and having the same fully explained to her, she, the said. . _
. acknowledged such instrument to be her act and deed
and she declared that she hart willingly signed the same for the purposes and consideration therein expressed, and that
she did not wish to retract it.
.
GIVEN 'INDER DIY HAND AND SEAL OF OFFICE, This ____.day A.D. 19......
.
(I..S.)
Notary Public, ..............____._-____-County, Texas
Dly Commission Expires June 1, 19
WIFE'S SEPARATE ACKNOWLEDGMENT
THE STATE OF TEXAS, 1 BEFORE ME, the undersigned authority,
COUNTY OF _ _ f
In and for said County, Texas, on this c ay personally appeared...._
wife of
known _ to.m..e to be the person whose name is subscribed to the foregoing Instrument, and having been examined by me privily
_
and apart from her husband, and having the same fully explained to her, she, the said
_ acknowledged such instrument to be her act and deed, and
she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did
not wish to retract it.
GIVEN UNDER MY HAND AND SEAL OF OFFICE,This....... . ..................day of..................................., A.D. 19._.........
(L.S.)
Notary Public . ........................................................County, Texas
Hy Commission Expires June 1, 19............
CLERK'S CERTIFICAW OF M" CCUM OF DENT011
ME STATE OF TEXAS, I I COUNTY CLEalt, Denton County, Tesas County
f I, I.tursCy.tu44 teat this rsotrer"m was lihd an thl' rl
COUNTY OF...._..........-__ date and time stamped hereon by me and was duly ne a
Clerk of the County Court of said County, do hereby certify that t%di4kiWr*-fttMmtWoloh wxi* AgadW#d on the
of ,pp , n n es s e a '
a . ..........day •.f-.................. A. D. 19.,...... , w,t~ ite~er~it~ca~e ~~/~(~~YtESF~ was Aled taor
record in my office on the_........._.......day of , A. D. 19....... 066. 26 491Nk . _ M., and, pPly
recorded thle....... ............day of ....................eon rcel9.........,at........._.. o'clock,.,........ M.,id4he
_ ....Records of said jn V , a WITNESS MY HAND AND SEAL OF THE COUNTY COURT of ty,'at o11111. . ......................................................................the
day and year last i&e n.
IM CLERK, Dsaloa Ce:is TV"
County Clerk_ .........................................................County, Texas.
(L S.) Dy,...........__ I Deputy
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TIIE STATE OF TEXAS,
KNOW ALL MEN BY-THESE PRESENTS,
.
COUNTY OF DENTON i
THAT David Steiner REED RECORDS
of Denton County, Texas , in consideration of the sum of
One Dollar ($1.00)---------------------- and other good and valuable consideration ° j
1
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 I~
I described property, 26403 E
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owned by him Situated in Denton County, Texas, in the
E. Puchalski Survey, Abstract No. 996
All that certain lot, tract or parcel of land lying 4nd being situated
in the City and County of Denton, State of Texas, and being part of the If
E. Puchalski Survey, Abstract No. 996, being part of Lot 61 Bonnie Brae 4
Addition to City and County of Denton, Texas as shown by plat recorded
in Volumo 1, Page 7, Plat Records of said County, also being part of a
tract described in a deed from P. G. Collier to David Steiner on January
27, 1977, and recorded in Volume 822, Paga 308 of the Deed Records of
Denton County, Texas, and being more particuarly described as follows.
BEGINNING at a steel pin at the northeast corner of Lot 6 of said addi-
tions
THENCE west with the north boundary line of said Lot 178,5 feet to a corn s
THENCE south 41.5 feet to a corner;
THENCE east 15.0 feet to a corner on the west line of the existing build-I
ing;
THENCE north with the west line of the existing building 26.5 feet to a
corner;
THENCE east 167.1 feet to a corner on the west boundary line of Bonnie
Brae Street which is the east boundary line of Lot 6;
THENCE north 130 29' 30" west 15.43 feet to the place of beginning and
containing 3,102 square feet of land, more or less.
And it is further agreed that the said City of Denton, Texae ,
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 underground utilities in, along, upon and
across said premises, with the right and privilege at all times of the grantee herein, his or its agents,
employees, workmen and representatives having ingress, egress, and regress in, along upon and across
said premises for the purpose of snaking additions to, improvements on and repairs to the said
underground utilities, or
any part thereof.
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for
the purposes aforesaid the premises above described.
Witness h a1¢ hams .•0 this the XS'-A day of Opt a~Pr , A. D. 1977 ,
%
SINGLE ACKNO11'LEDGIIENT
THE STATE OF TEXAS, BEFORE ME, the undersigned authority,
COUNTY OF DENTON
In andjor said County, Texas, on this day personally appeared _.DdVj.... St2~R0L
i. (
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knaay'%gjme to be the person whose name 1S _ subscribed to the foregoing instrument, and acknowledged to me
.he . executed the name for the purposes and consideration therein expressed. /
that s-1
-:LIVEN UNDER 311 BAND AND SEAL OF OFFICE, This 2 Y f, day of DLl t<1pber , A. D. 19 7.7
J Notary Public, . DeritOn County, Texas
My Commission Expires J,fac ...OCf 31, l )78
JOINT ACKNOWLEDGMENT
THE STATE OF TEXAS,
COUNTY OF__ _ BEFORE ME, the undersigned authority,
In and for sold County, Texas, on this day personally appeared
and
his wi c, both known to ma t be the persons whose nsmes are subscribed to the foregoing instrument, and acknowledged
to me Viat they each executed the same for the purposes and consideration therein expressed, and the said
wife of the said .having been
examined by me privily and apart from her husband, and having the same filly explained to her, she, the said.
acknowledged such Instrument to be her act and deed
and she declared that she had willingly signed the same for the- purposes and consideration therein expressed, and that
she did not wish to retract It.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day A.D. 19.._....
Notary Public, ----.._-..-----_-.____._._...-_Y.County, Texas
Nly Commission Expires June 1, 19.-......
WIFE'S SEPARATE ACKNOWLEDGMENT
THE STATE OF TEXAS, ~ BEFORE ME, the undersigned authority,
COUNTY OF.. _
In and for said County, Texas, on this day personally appeared
- , wife of.-
to be the person .chose name is subscribed to the foregoing Instrument, and having been examined by me privily
known to no.
and apart from her husband, and having the same tw":r explained to her, she, the said . _ , acknowledged such instrument to be her act and deed, and
ahn dcclarei that she had willingly signed the same for the purposes and consideration therein expressed, and that she did
not wish to retract It.
GIVEN UNDER MY AND SV 4F OFFICE,This ............................day ot................... A.D. 19...,........
x. $ 14 1
r° boo iR Notary Public ...........................................................County', Texas
My Commission Expires June 1, 19............
CERTIFICATE
THE STATE 0 j S, a I,...
County'
COUNTY OF
Clerk of the County utid C unfly certify that the foregoing instrument of writing dated on the
.................day' ot......D. 19..., . , with Its Certificate of Authentication, was filed for
record In my office on dal .day' of A. D. 19._. It o'clock M., and duly
recorded tbis......_...... ~ y A. D. 19 _ , It_..,.._ _ o'clock M., in the
t.... ~ ....................r. n .5g.._,_ words 4 t .r' . Cr,ur,tr, in Volume................. , on pages.....................,
WITNESS MY HjID D SEAL OF r=f! i NU - Y COLl,1 c:. u2 ty, at office In.., L
W , , the day lnd ye,r t t s.1, r' `ten.
County Clerk County, Texas.
(L. IL) By- Deputy.
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Alexander Grant
6 COMPANY INTERNATIONAL FIRM
CERTIFIED PUBLIC ACCOUNTANTS ALEXANDER GRANT TANSLEY WITT
October 10, 1977
Mr. Chris Hartung
City Manager
City of Denton
Municipal Building
Denton, Texas 76201
Dear Mr. Hartung:
'[hank you for meeting with us to discuss the require-
ments of our forthcoming engagement. The following paragraphs
outline the services we will provide. The services described
herein include additional services from the services previously
described in our letter of understanding dated June 8, 1977.
In accordance with our understanding, we will make an
examination of the financial statements of all the various funds
and account groups of the City of Denton, Texas as of September 30,
1977 and for the year then ended. Our examination will be made
in accordance with generally accepted auditing standards, adopted
by the American Institut-c of Certified Public Accountants and
the standards adopted by the National Committee on Governmental
Accounting in its publication Governmental Accounting, Auditing
and Financial Reporting as amended by the industry audit guide
Audits of State and Local Governmental Units, and will include
tests o accounting -data and procedures we consider necessary
under the circumstances. Statistical data and other nonfinancial
information furnished by the ClA y from the City's records will
be included in the City's Annual Report but such data will not
be included in our examination.
We will be pleased to meet with the City Council and/
or Audit Committee prior to the commencement of work and prior
to the issuance of the City's annual financial statements for
the purpose of a discussion of the report and any related matters,
While the objective of our examination is the expres-
sion of an unqualified opinion on the financial statements re-
ferred to above, our opinion may have to be qualified or denied
as the facts 9nd circumstances dictate. The ordinary examination
ONE MAIN PLACE DALLAS. TX 75260 (214) 14"100
Mr. Chris Hartung, City
Manager -2- October 10, 1977
incident to the expression of an opinion on financial statements,
is not designed and cannot be relied upon to disclose defalca-
tions and other similar irregularities. However, if during the
course of our examination such irregularities come to our atten-
tion, we will discuss them with you to determine what course of
action should be taken.
In our previous letter of understanding, dated June 8,
1977, we indicated that this engagement would be undertaken at
our regular rates and it was our expectation that our fee for
those services would be between $26,000 and $27,500. Since our
previous letter, we have been informed that your staff will not
be able to prepare many of the schedules and analyses as previously
agreed. Additionally, you have requested that we perform as many
preliminary procedures as are feasible in order to try and cc-apiplete
our a:cami.nation by the first part of November 1977. We anticipate
that tke result of these modifications will increase our fee by
approximately $7,000 and that the resulting total fee for this
examination will be $34,000.
In addition to the services described in the preceding
paragraph, we understand that the City will authorize a refunding
of its outstanding Electric System Revenue Bonds. In connection
therewith, we will read the official statement in order to apsure
ourselves that nothing contained therein is incompatible with the
information and results of operations as set forth in the audited
financial statements.
In addition to the foregoing, we will review, as to
compilation and mathebtatical computation only, the summ"y of
funding of debt service requirements and related schedules of
the City of Denton, Toxas, prepared in connection with the
refunding of all its currently outstanding Electric System
Revenue Bonds, by 'he issuance of its Electric System Revenue
Bonds, series 1977.
The schedules refewred to above will be prepared for
the purpose of disclosing the debt service requirements attrib-
utable to the 1977 bonds and of disclosing the adequacy of the
maturing escrow fund principal and interest to pay when due, the
maturing principal of, and interest on, the currently outstanding
Electric System Revenue Bo.ids which are to be called for redemp-
tion on approximately February 1, 1978. Our engagement will alsp
include the verification of the yield, as that term is defined
by proposed regulation Section 1.103-13(c), promulgated by the
Secretary of the Treasury pursuant to Section 103(c) of the
Internal Revenue Service Code of 1954, as amended, of the series
of 1977 bonds, and of the escrow fund investment. Our fee for
the services indicated in the two preceding paragraphs will be
an additional $19,000.
J
y
Mr. Chris Hartung, City a
Manager -3- October 10, 1977
Our fees for the services rendered will be billed to
you an9 payable on a monthly basis so that you may readily relate
our fees to the services rendered.
This engagement includes only those services described
herein. Our fee expectation is based upon our estimate of the
normal costs of providing those services. Occasionally, extra-
ordinary, unforeseen events or transactions occur which require
the scope of our services to be significantly expanded. If such
circumstances should arise, it is our policy to inform appropriate
officials at the earliest possible time and to estimate the addi-
tional fees involved. Such circumstances might occur, for
example, if among other things, the City was in default of bond
covenants, or the City was involved in significant litigation or
contract disputes.
In addition to the foregoing, we are frequently called
upon to perform separate examinations complying with guidelines
set forth by various funding agencies. Examples of these would
include separate examinations in connection with the State library
grants and Federal revenue sharing grant. Fees for these separate
examinations will be based upon arrangements made at the time the
services are requested.
If the terms of this letter are in accordance with
your understanding of our agreement, please sign one copy of
this letter and return it for our files. We appreciate the
opportunity to work with you.
Very truly yours,
ALEXANDER GRANT & COMPANY
ff-C~~uc ~ '~!/j/
By
Manager
TWPrescott
mm
Enclosure
r
Mr. Chris Hartung, City
Manager -4- October 10, 1977
The f:>regoing letter fully describes the services
required and is in accordance with our understanding.
CITY OF DENTON, TEXAS
Date :2dte4- zu~,
hr s Hartung, City M ger
I
COT 11 1977
CITY OF DENTON
MANAGER'S OFFICE
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ALLSTATE INSURANCE COMPANYHOMEOFFICE NORTHaR00N.ILLINOIS
SURETY BOND
CONTINUATION CERTIFICATE
To; City of Denton, Texas
Denton City [call
215 E. McKinney
Denton, Texas 76021
Bond Number #49-912-844 ___S8
Principal ___Kenr-.th Burkham dba Burkham Const. Company
1818 Briar Meadow Drive
Arlington Texas 76014
I
Notice is hereby given that the Allstate Insurance Company elects to continue the above specified Bond
ett_cuted by the Allstate Insurance Company on behalf of the above named Principal in your favor
for a 'arm ending the-2-L-day of Jail 1` _ 79 subject to all provisions of said Bond.
0
Allstate Insurance Company
(Surety)
f
(Attorney In Fact)
nthia Root
October271 1977
(Dale)
uaaeo
ra.ral
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ALLSTATE INSURANCE COM PANYHOME OFFICE . NORTHBROOK, ILLINOIS
(A STOCK INSURANCE COMPANY, HEREIN CALLED ALLSTATE OR THE COMPANY)
KNOW All MEN BY THESE PRESENTS'. That Allstate Insurance Company. a corpc:atlon organind and existing under the laws of the Stale of Illinois, and
having Its principal oH,ce at Allstate Plata, Northbrook, County of Cook. time of Illinois. Joes hereby appoint:
Cynthia Root
its true and lawful agents and Attorneys in Fact, individually, to make, execute. sign, acknowledge, Allis the Company Sear to, and deliver any and all
Suretyy bonds, consentyy,,~ tIiyn n.tking. and.oSher writings obligatory in the nature of a bond, lot and on behalf of said Company and as act and deed of
saidCOrnpany, w1LRS~3i lYm1L.
This appointment is made under and by authority of the rollowing provls.an nt the By Laws of the Company which provision is now in fun force and
effect and is the only applicable provision of said By-laws
ARncU V slCtfON T.
All policies of In%UFOnCe 115ued by thq Company shall co,r.ply In Ihr saes :,f if r rfSW(J,ve stales. le,,lonel ar ,,,,,rdi,t.ons,n which the P]hces a,a issued All bonds
u ndlnAkm gs. Certd Kates of rnSwarrc r. (ever ,rotes. ttrogni[anc.s. cords, h cf mdemrity. endo nemenh. slip,i,bon, wai've's. consents or suiel es, reinsurance acceplancee
Or a rK malls, surely and to furetr otil~labpne And al7reements und,,.r-,,ng w, declaim y rid all other rnslbumrnls peila mna to the insurance tloines of Ile Company
.rte, b! Validly executed when signed or belaif of IV Company to IUthe Chailma^ of the 9card. (21lhe Pres~n1. 131 am V'" President or Assistant Vice President, Or Its Any
Oiler Ofhclr, employe, agent. or Altuney i„ facl aufhonyed in .,di, 1 to w s-gn by the Cn aumrr of toe 13,ird the rrsident, or any Vice Re.deot All polices of irruranca
still bear the sanatwe of the Prevdria and Of the Sr " Iffy which signatures may rx larsimiles, and shall oe s,.ntoPgned by a duly hcr,sed resioent agent where so
required by law or regutdgn A farsimae sianaluwe of A IO,,nen aff[e• shall be of Ina ume .alid,fy n Nat of an to sh golucer
The allaini of the Company's Seal shall not to nec Plsary to I; a yard ereauLOn of a^y hshunMnl but the Sec,Nary. Any As•i5lanl Seuetah. a Inyol icer, limpWye, agent, or
Attorney W Fact authoriyed in wr1ling so to do by the Secrrtary, any Assislant Sevelary, of art Vice Pleadcml, may Afhe the Company's Still Uicnef)
this Power of Attorney is signed and sealed by facsimile under ano by authordy or the lollowing Resolution voted by the Board of Directors or Allstate
Instrance Company at a meting duly called and held on the 18th day of December 1910.
It 1i 1111101,1111, that ;he liY.Mures of the President, the Sr, retary any Vice Pres-dell or a^y Assistmil Vice President, and the seal of the Conir maYN Afnred by facslrmle
to any power of attorney or to any ceahute relating 1 hereto apps riling Allnrneys in, rut fo, the pwpou Of e.ecuhnt and allestmg bonds and underts logs anu other wntin`s
"Vapory in the rl Ihneol, and my such power of Aitamay Or certAicate so executed or and bearing firth laoimde ngnstme or signatures and facsimile seal shall of vafd
and bore-rg upon tie Campan any i, particular, shall be valid and bin0.ng in illy future wdb reslxcl I any bond of undertaking or other filling obligatory in this nature
thereof row' Ch It IS attached for such poxpoY
IN WITNESS WHLREOFS AUSTATE INSURANCE,1 O PANY has caused these gr~sent, to be signed by its Vice President and its Corporate Seal to be hereto
affixed, on this.--•-t-n----.day of _-.-1-y--- A. D., 39
innun,
.t co~vo~lror °s ALLSTATE INSURANCE COMPANY
:SEAL ; ~
By--------
l 1.n A~ Ted H. Hull
S1aTE 01 ILLINOIS se Vice President
COU MTV OF COOK
Bearnaric KantFlk_ aNotary Public dohereb cerlfy that Ted N- Hull
personallylrown lobe the same person who is Vics Presio r~ d the ALttT~tt1 URANCECOMPANY &ccoreosa lo not t;i State of Illinois Ala itr'to
the foregoing instrument, appeared before me on this - . sF.n day of 3v38 A.ls 19Z! _ , In Parson and acknowledged Mt hill
being thereunto duly authorized signed, xaled and delivered the said instrument as the free and voluntary act of said corporation and as his 0 on free
and voluntary alit rOr uses and purposes therein salt forth !D~~ -
whir
,~Iy v Not a ry Public
W MOTARy
m
a My commission eepirn Dec,11~ 197
PUOLIO ,
cost CERTIFICATION
I, that undersigned Vice President of ALLSTATE INSURANCE COMPANY, 00 HEREBY CERTIFY that the foregoing Power or Attorney I$ now in fun ford
and efrect,
Signed and sealed ale Northbrook, Illinois this 27th-- _ day of 0 C_LQb.@r_ i AD.I 39__71_.
''~uSEAI
cpa f;Ai ll f
a $EALfI Ted H. Hull
a Vice President
11 PRIM[ Ili U.S.A.
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A496-WARRANTY DEED-Whh Gmcd and CapmUou Adm w edammu 1~2 MARTIN Sutionay Ca, Dann 40
THE STATE OF TEAS, Know All MennBy These Presents:
County of..... U.N.TQN
DEED RECORDS
That B. A. WEAVER AND WIFE, BESSIE MAE WEAVER 24075
of the County of Denton , State of Texas' for and in consideration of
the sum of
----------Fourteen Thousand and No/100 ($14,000.00)-------------DOLLARS,
to us inrandpaidhy the City of Denton, Texas, a Municipal
Corporation ?
r
have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto the mid
City of Denton, Texas, a Municipal Corporation
of tha County of Denton , State of Texas atkotnt mvtsht
FIRST TRACT
All that certain lot; tract or parcel of land situated in the City and
County of Denton, State of Texas, and being part of the J, Scott Survey,
Abstract No. 1222, and also being part of a tract of land as conveyed
from W, F. Hamilton and Estelle Brown to B. A. Weaver and wife, Bessie
Mae Weaver by deed dated December 81 1951, and recorded in Volume 376,
Page 169 of ttie Deed Records of Denton County, Texas, and more parti-
cularly described as follows:
BEGINNING at the most westerly southwest corner of said Weaver tract, sat
point also being the northwest corner of a 41,61 acre tract conveyed by
E, G, Gillett, et al, to John D. Davis by deed dated June 18, 19380 and
recorded in Volume 270, Page 611, Deed Records of Denton County. Texas;
THENCE north along the west boundary line of said Weaver tract a distance
of 138,19 feet to a point for a corner;
THENCE east 138,89 feet north of and parallel to the most westerly south
boundary line of said Weaver tract, a distance of 150 feet for a corner;
THENCE south 138.89 feet to a point for a corner in the most westerly
south boundary line of said Weaver tract for a corner;
THENCE west with the most westerlyy south boundary line of said Weaver
tract a distance of 1S0 feet to the place of beginning and containing
0,48 acres of land, more or less,
a 857 vAu 523
SECOND TRACT VOt 857 PACE 524
All that certain lot, tract or parcel of land situated in the City and
County of Denton, State of Texas, and being part of the J. Scott Survey,
Abstract No. 1222, and also being part of a tract of land as conveyed
from W. F, Hamilton and Estelle Brown ti B, A. Weaver and wife, Bessie
Mae Weaver by deed dated December 8, 1951, and recorded in Volume 376,
Page 169 of the Deed Records of Denton County, Texas, and more parti-
cularly described as follows:
BEGINNING at a point in the west boundary line of said Weaver tract, 138.8
feet north of the most westerly southwest corner of said Weaver tract,
said southwest corner also being the northwest corner of a 41,61 acre
tract conveyed by E. G. Gillett, et al to Juhn D. Davis by deed dated June'
18, 1938, and recorded in Volume 270, Page 611, Deed Records of Denton
County, Texas;
THENCE north along the west boundary line of said Weaver tract a distance
of 261,11 feet to a point for a corner;
THENCE east a distance of 743.52 feet to a point for a corner;
THENCE south 9 27+ 44" west a distance of 405.52 feet to a point in the
most westerly south boundary line of said Weaver tract for a corner;
THENCE west along most westerly south boundary line of said Weaver tract
a distance of 526,85 feet to a point for a corner;
THENCE north a distance of 138.89 feet to a point for a corner;
THENCE west 150 feet north of and parallel to the most westerly south
boundary line of said Weaver tract a distance of 150 feet to the place
of beginning and containing 6.09 acres of land, more or less,
TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights and
appurtenances thereto in anywise belonging unto the said City of Denton , Texas , i t s
successors
Asdapand assigns forever; and we do hereby bind ourselves, our
belts, executors and administrators, to Warrant and Forever Defend all and singular the said premises unto the
said City of Denton, Texas, its successors
)heks and assigns, against every person whomsoever lawfully claiming, of to claim the same, of any part
thereof.
,
Witness our hand tit Denton, Texas this 5th day of
Ootober ,A.D.1977
Wlt%cl6la at Request of Grantors N'L. r F!
:......Y..EAVR
.u4.1Y.Yw.N.Y....w..u.w..Y......u..M..Y..YYYU Y....Y Y.. Y....Y Y..u w.. u4Y U.......Y.uY.....u.Y..N..uu.x.u..JUU.. YUY........Y.w....... Y..u W....
/B~ESSIE MAE WEAVER
ACKNOWLEDGMENT
THE STATE OF TEXAS,
BEFORE ME, the undersigned authority,
COUNTY OF........_DENTON
to and for said County, Teas, on this day personally appeared, B.c.._A._ WEAVER AND WIFE BES,SI,E_,~E
wEgvHR___._~..._ .
known to me to be the penoa.$.........wbose name..S..,...... are.... s .bscribed to the foregoing Instrument, and acknowledged to me that
.__ihe__y, tkAfhgLme for the purposes and consideration therein a rp+ed
October &D. 19..77....
AND SEAL OF OFFICE, This....... f.....,
e ~
11 . ry''•.....~ , NotaryPu1+Ht ,De„._.._nton ....................W.../: _County, Teas
n
wyGY'• My Commission Explra t9....~..r
• ~~e~'~~nuna+"'~, ACKNOWLEDGMENT
THE STATE OF TEXAS.,
it BEFORE ME, the undersigned authority,
COUNTY OF..._....._,.... W...._ _
In and for said County, Tens, on this day personally appeared__
k-wn to me to be the pence......... whose name................... .......subscribed to the foregoing fmtrument, and acknowted~ed to me that
......w.be_executed the same for the purposes and consideration therein expressed.
GIVEN UNDEtt MY HAND AND SEAL OF OFFICE, of.-......._..... A.D. 10.........._
x43.)
Notary Pubik, _ w...County, Tessa
My Commissioo Expires Juae _ .r...., 19.
CORPORATION ACKNOWLEDGMENT
THE STATE OF TEXAS,
~ BEFORE ME, the undersigned authority,
COUNTY OF.................
In and for said County, Tells, on this day personally appeared......_.._..... .
_ »._...w......_..„._............................... known to me to be the w too and officer
whose tame is subscribed to the foregoing Instrument and acknowledged to me that the same was the act of the said
„ _
a corporation, and that be executed the same as the act of such corporation for the purposes and consideration tbtrein expressed, and is
the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This...,....... day of A.D. l9.__ -
MS.) w
_
Notary Public,_.»...w__._......... ....._.._.....__._rounty, Teas
My Commission Expires June...................... t9..._....._
THE STATE OF TEXAS,
COUNTY OP_.......
County Clerk of the County Court of sald County, do hereby certify that the h.tegoing Instrument of writing dated An the.
day of_ A.D. fOW...., with Its CerilEate M Authentication, was filed for record in my office
0o tits day of........ A.D. et....... .o'clock M., and was duly recorded thlo _
day o[ « .._..._.....w A.D. W...- at.._,_,...,,...,.o'clock In the Records of said County, In Vol.
UML w...W , to pagtl
WITNESS my hand and kal of the County Court of said County, at my oOSa tar . ...W ......W...,.........
_ _ _ _ Use dry and year tut above written.
1 CkrkCounty Courf..._................................... Tessa
It„ 6.1 ay__.....w................ 85 52& Deputy.
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229 Mst Hickory
Box 518
Denton Texas 76201
817 387 6148
U11 FE TITLE Company of Denton
October 7, 19!/
mr. Brooks Holt, city Secretary
Municipal building
Denton, 'Texas 7b2u1
He: u.48 acre out oi' the J. Scott Survey
Seller: D. A. Weaver at ux, nessie eme
uentlemet,:
we are enclosing uwnerls iitte Insurance Policy No. 1 311341
which covers your recent property purchase for the City.
If we can be of further service to youin the future, please do
not hesitate to call on us.
Very truly yours,
USLIFE TITLE CO. OF DENTON
By.
Ott Akers
OA/bp
e nols
a
J1 said Avis • PMMIUM
' R-3 ;$171.00
• SCHEDULE A
I
Amount: $14, 000.00 Owner Policy No.: U 1 311341
Gf or file No.: 18627 Date of Policy: October 6, 1977
Name of Insured:
CITY OF DENTON TEXAS, a Municipal Corporation
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, tract or parcel of land situated in the City and
County of Denton, State of 'Texas, and being part of the J. Scott Survey,
Abstract No. 1222, and also being part of a tract of land as conveyed
from W. F. Hamilton and Estelle brown to B. A. Weaver and wife, Bessie
tIae Weaver by deed dated December 8, 1951, and recorded in Volume 376,
Page 169 of the Deed Records of Denton county, 'fexas, and more
particularly described as follows;
BEU1vw1wh at the most Westerly Southwest corner of said Weaver tract,
said point also being the Northwest corner of a 41.b1 acre tract conveyed
by E. U. Uillett, et al, to John U. liavis by deed dated June 18, 1938,
and recorded in Volume 21u, rage b11, Deed xecords of Denton County,
'Texas ;
ThEw E worth along the West boundary line of said Weaver tract a distance
of 138.89 feet to a point for a corner;
THENCE East 138.89 feet Borth of and parallel to the most Westerly South
boundary line of said Weaver tract, a distance of 150 feet for a corner;
'T'HENCE South 138.89 feet to a point for a corner in the most Westerly
South boundary line of said Weaver tract for a corner;
THENCE West with the most Westerly South boundary line of said Weaver
tract a distance of 150 feet to the place of beginning and containing
0.48 acre of land, more or less.
I DantoA USLIFE TITLE INSURANCE Company of Dallas
1301 Mala at"
Dallis. Tuna 76207
TORN 111 1 IM{[Nr ~ {OM IINX
SCHEDULE B
Owner Policy No.: 1 311341
This policy is subject to the Conditions and Stipulations hereof, the terms and conditions of the leases or easements in-
cured, if any, shown in Schedule A, and to the following matters which are additional exce; :ions from the coverage of this
policy:
1. Restrictive covenants affecting the land described or referred to above.
2. Any discrepancics, conilids, or shortages in area or boundary line, or any encroachments, or any overlapping of im-
provements.
3. Taxes for the year 19 77 and subsequent years, due and payable.
4. The following lien(s) and all terms, prosisions and conditions of the instrument(s) creating or evidencing said lien(s),
None.
5. Easement dated July 5, 1944, executed by K. E. Davis and wife, to
Texas Power and Light Company, of record in Volume 308, Page 592, Deed
Records of Denton County, Texas.
b. A.,y portion of the captioned property falling within the boundaries
of any road, street or highway.
7. Visible and apparent easements on m across the property.
PORN Ill 1 I1415t.f 1 354 1744
LE31FE TITLE INSURANCE ~ompany of Dallas
Owner Policy
of Title
Insurance GF# 18627
USLIFE TITLE INSURANCE Company of Dallas, DALLAS, TEXAS, a Texas Corporation,
HERLINAFTER 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 stated, at its own cost defend the Insured
in every action or proceeding on any claim against, or right to the estate or interest in the land,
or any part thereof, adverse to the title to the estate or interest in the land as hereby
guaranteed, but the Company shall not be required to defend against any claims based upon
matters in any manner excepted under this polio by the exc-~plions in Schedule B hereof or
excluded by Paragraph 2, "Exclusions from Coverage of this Policy," of the Cond bons 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
es:xte or interest in the land, then the liability of the Company shall be only such part of the
whotb liability limited ebove 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 atl liability with respect to any such inter-
est, claim or right; provided, however, that failure to notify shall nct prejudice the rights of
the Insured if such Insured shall not be a party to such action or proceeding, nor be served
with process therein, nor have any knowtedge thereof, nor in any case, unless the Company
shall be actually prejudiced by such failure,
Upon sate of the estate or interest in the land, this policy automatically thereupon shall become
a warrentor's policy and the Insured, the heirs, devisees, executors and administrators of the
Insured, or if a corporation-its successors by dissolution, merger or consolidation, shall for a
period of twenty-five years from date hereof remain fully protected according to the terms
hereof, by reason of the payment of any loss he, they or it may sustain on account of any
SJy.P,aCr coy A warranty of title contained In the transfer or conveyance executed by the Insured conveying
+t -s the estate or Interest in the land. The Company shall be liable under said warranty only by
s~ reason of defects, liens or encumbrances existing prior to or at the dale hereof and not
BnAL ° excluded either by the exceptions or by the Conditions and Stipuiations hereof, such liability
exceed the amount of this policy.
% 21 x IS not to
IN WITNESS HEREOF, the USLIFE TITLE INSURANCE Company of Dallas has caused this
policy to be executed by its President under the seal of the Company, but this policy is to be
valid only when it bears an authorized countersignature, as of the date set forth in Schedule A,
lburernr / Chnl r.ecubve OrbcM - _
Artntr Senior Vice An,denl, SSecc~el~ar end rrgfuerr
AullrOriHd &ynefurr -
Formerly DALLAS TITLE AND GUARANTY COMPANY FORM If1 I ISM 776H
I
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Conditions and Stipulations
1 . Definitions
The following terms when used in this policy mean:
(a) "land": The land described, specifically or by refererce, 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 !fie land.
(c) "knowledge Actual knowledge, not constructive knowledge, or notice which may ha imputed to the Insured by reason of
any public records.
(d) "date": The effective date, including hour if specified,
2. Exclusions from the Coverage of this Policy
This policy does not insure against loss or damage by reason of the following:
(a) The refusal of any person to purchase, lease or lend money on the land.
(b) Governmental rights of police power or eminent domain unless notice of the exercise of such rights appears in the public rec-
ords at the date hereof; and the consequences of any law, ordinance or governmental regulation including, but not limited to,
building and zoning ordinances.
(c) Any titles or rights asserted by anyone including, but not limited to, persons, corporations, 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 lina of vegetation, or to lands beyond the line of the harbor or
bulkhead lines as established or changed by any government, or to filled-in lands, or artificial islands, or to riparian rights, or the
rights or interests of the State of Texas or the public generally in the area extending from the lino of,nean low tide to the line of
vegetation, or their right of access thereto, or right of easement along and across the same.
(d) Defects, liens, encumbrances, adverse claims against the title as insured or other maters (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 un!ess disclosure thereof
In writing by the insured shall hova been made to the Company prior to the date of this policy; or loss or damage which would
not have been tsatsined if the Irsured were a purchaser for value without knowledge; or the homestead or community property
or' urvivorship right:, 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. Wherever requested by the Company, the Insured shall give the Company all reasonable aid in
any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or defending such action or
proceeding.
(b) The Company shall have the right to select counsel of its own choice whenever 11 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 lh3 title as Insured, or both, shall not be con-
Ltrued as an admission of liability, and the Company sha" not thereby be held to concede liability or waive any provision of this
polio .
4. Payment of Loss
(a) Ho 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 pall shall be deemed a paymont 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 Inured any claim Insured against
by this policy, and such payment or tender of payment, together with all costs, alturney fees and expensas 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 Compa iy under this policy.
(d) Whenever the Company shall t ave settled a clAim under this policy, all right of subrogetion shall vest In the
Company unaffected by any act of thu Insured, and it shall be subrogated 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, shall transfer to the
Company all right: and remedies against any person or property necessary in order to perfect such right of subrogation, and
shall permit the Company to use the name of the Insured in any transaction or litigation Involving such rights or remedies.
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 4he status of the
title Insured hereunder, must be based on the provisions of thie policy, and all notices required to be given the Company, and any state.
ment in writing required to be furnished the Company, shall be addressed to YISLIFE TITLE INSURANCE Company of Dallas, 1301
Main Street, Dallas, Dallas County, Texas 76202.
& This policy is not transferable.
M COZ3~ G~f7C~DDD-~_I (7~0--Ip v~<mc+ m ao r0
sv~woro,oo8,0o'rioy(o Oat Q. cD F=3u:ii Sm
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-,n e
T,HE STATE OF TEXAS.
KNOW ALL MEN BY THESE PRESENTS: ~
COUNTY OF DENTON ,
DEED RECORDS
That Sue Boyet, a single woman
;L; 70
of the County of Denton State of Texas , for and in consideration of
the sum of
ONE THOUSAND TWO HUNDRED FIFTY N01100 ($1,'50.00)---- DOLLARS,
to me in hand paid by City of Denton, a Municipal Corporation
have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto the said
City of Denton, a Municipal Corporation
of the County of Den on , State of ex a , all that certain
lot, tract or parcel of land situated in tAe City and County of Denton,
State of Texas, being part of the N.H. Meisenheimer Survey, Abstract No.811
and also being part of a tract of land conveyed ay Edgar J. Rennoe and wife
Gertrude P. Rennoe, et al, to Dixie Boyd and wife, May McClurkan Boyd by
deed dated October 28, 1953, recorded in Volume 389, Page 608, of Deed Rec-
ord,of Denton County, Texas, and more particularly described as follows:
f BEGINNING at the northwest corner of said Boyd Tract, same being the inter-
section of the south right-of-way line of State Highway No. 10 Sherman Dr.)
j with the north right-of-way line of Woodland Street; THENCE northeasterly
along the north boundary line of said Boyd Tract, same being the south right-
,of-way line of State Highway No. 10 (Sherman Drive), a distance of 20 feet
f to a point for a corner; THENCE south 6° 55' 35" east a distance of 30 feet:
to a point fer a corner in the south boundary line of said Boyd Tract, same:
;being the north right-of-way line of Woodland Street; THENCE west along the;'
j south boundary line of said Boyd tract, same being the north right-of-way
line of Woodland Street, a :istance of 20 feet to the southwest corner of
said Boyd Tract for a corner; THENCE north along the'west boundary line of
said tract a distance of 20 feet more or less to the place of beginning, an
contain~{{no 1 eet oi' land more o
1O A kA 7 8 ~ t e above desen ed premises, g AU ivith all and singular, the rights
and appurtenances thereto in anywise belonging unto the said CI ty of Den ton , a Municipal
Corporation, its successors
Ado and assigns forever; and I do hereby bind myself , my
heirs, executors and administrators, to Warrant and Forever Defend all and singular the said premises
4
unto the said City of Denton t a Municipal Corporation, its successors
j Bbd= and assigns, against every person whomsoever lawfully claiming, or to claim the same or any part
i
thereof.
i Witness m,i hand at City of Denton
this 3rd day of 0 to ob~r , A. D. 19 77
Witnesses at Request of Grantor: ~j
Sue Boyet
~i
y4~ 858 WE 023
got 856 tat[ 924
SINGLE ACKNOWLEDGMENT
THE STATE OF TEXAS, 1 ]BEFORE ME, the undersigned authonty,
COUNTY OF _Oenton. _ J
in and for said County,Texas, on thisdaypersonallyappeared -Sue --$oyet -t ..B_.gingl.e_.woman,
Ion p41)_11010 go he person whose name i 5 subscribed to the foregoing instrument, and acknowledged to me that
ex fU~ o same for the purposes and consideraticn therci eN 'essed.
GIV N 1Y HAND AND SEAL. OF OFFICE, This day`of October A.D 19 77
o i I 1 1G)
= 1 0 = Notary Public, . D. fl O.fl County, Texas
O y ; My Cummission Expires June 1, 19._..
',s,,i~~~y' tiJOINT ACKNOWLEDGMENT
OF TEXAS,
1 n ~~gpK U I
, BEFORE ME, the undersigned authority,
COUNV"13k„a
In and for said County, Texas, on this day personally appeared
. and
Kim wife, both known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to
me that they each executed the same for the purposes and consideration thei ^in expressed, and the said
wife of the said . having been
exlamined by me privily and apart from her huslund, and having the same fully explained to her, she, the said
„ that ackno.dedged such instrument to be her act and deed and
she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did
not wish to retract it.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of _..A.D. 19 .
(L.S.) _
Notary Public, County, Texas
My Con mission Expires June 1, 19.........
WIFE'S SEPARATE ACKNOWLEDGMENT
THE STATE. OF TEXAS, BEFORE ME, the undersigned authority,
COUNTY OF
in and for said County, Texas, on this day personally appeared
wife of . .
known to me to be the person whose name is subscribed to the foregoing instrument, and having been examined by me privily
and apart from her husband, and having the same fully explained to her, she, the said.
_ acknowledged such instrument to be her act and deed, and
nc I the same for the purposes and consideration therein expressed, and that she did
she declar had wil* 'flN
not wish r c . GI •R MY
D ;AL OI' OFFICE,This day of , A.D. 19
I
.4I Ir _ _
z Notary Public, . County, Texas
My Commission Expires June 1, 19............
s CLERK'S CERTIFICATE
TH ST E 0'F1 I , County
g . .
COU
i Y '0
Cler of t a County-'bo pI;mli unty, do hereby certify that the foregoing instrument of writing dated on the
44
ay of A. D. 19 with its Certificate of Authentication, was filed for
rec in y office on th AV day of A. D. 19. at o'clock M., id duly
recorded Is a ¢`t 3 A. D. 19 of o'clock M., in the
3. _ Records of said County, in Volume _ on pages
WITNESS MY HAND AND SEAL OF THE COIINTY COURT of said County, at office in
_ , the day and year last above written.
County Clerk County, Texas.
(I. S.) By Deputy.
a
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229 Ast Hickory
°
Box 518
Denton Texas 76201
817 387 6148
U-11FE TITLE Company of Denton
October 4, 1977
City of Denton
Municipal Building
Denton, TExas 76201
Re: Land purchased from Sue Boyet out of the N. H.
Meisenheimer Survey, A-811
Dear Sir:
We are enclosing Owner's Title Policy No. 1 311332 which covers
the above property purchase.
If we can be of further service to you in the future, please do
not hesitate to call on us.
Very truly yours,
USLIFE TITLE CO. OF DENTON
Bye
~
Ottis Akers
OA/bp
cc
Rd.Au1. ~Pn mium ~ ~ ~ J ~ D t
' R-3 411U.00 SCHEDULE A
r
Amount:$1,27U.U0 Owner Policy No.: 0 1 311332
GF or File No.: 18899 Date of Policy: October 4, 19'/'/
Name of Insured:
CITY OF DENTON, a Municipal Corporation
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, tract or parcel of land situated in the City and
County of Denton, State of Texas, being part of the N. H. Meisenheimer
Survey, Abstract No. 611, and also being part of a tract of land
conveyed by Edgar J. Rennoe and wife, Gertrude P. Rennoe, et al, to
Dixie Boyd and wilr;, May McClurkan Boyd by deed dated October 28, 1953,
recorded in Volume 389, Page 608, of Deed Records of Denton County,
Texas, and more particularly described as follows;
BEGINNING at the Northwest corner of said Boyd Tract, same being the
intersection of the South right-o€-way line of State Highway No. 10
(Sherman Drive) with the North right-of-way line of Woodland Street;
THENCE Northeasterly along the North boundary line of said Boyd Tract
same being the South right-of-way line of State Highway No. 10 (Sherman
Drive), a distance of 20 feet to a point for a corner;
THENCE South 60 551 3911 East a distance of 30 feet to a point for a
corner in the South boundary line of said Boyd Tract, same being the
North right-of-way line of Woodland Street;
THENCE West along the South boundary line of said Boyd tract, same being
the North right-of-way line of Woodland Street, a distance of 20 feet to
the Sc•athwest corner of suid Boyd Tract for a corner;
THENCE North along the West boundary line of said tract a distance of
20 feet, more or less, to the place of beginning, and containing 511.80
square fees: of land, more or less.
Denton USIIFE TITLE INSURANCE company of Del"
1301 Maln Street
Daltaa, Tartan ISM
toNM ITI 1 NSW . NOM 1116M
+ f t . P J
SCHEDULE B
Owner Policy No.: 1 311332
This policy is subject to the Conditions and Stipulations hereof, the terms and conditions of the leases or easements in-
suied, if any, shown in Schedule A, and to the following matters which are additional exceptions from the coverage of this
pol i ry:
1. Restrictive covenants affecting the land described or referred to above.
2. Any discrepancies, contlicts, or shortages in area or boundary lines, or any encroachments, or any overlapping of im-
prove men ts.
3. Taxes for the year 19_'Iti and subsequent years.t not yet due and payable.
4. The following lien(s) and all terms, provisions and conditions of the instrument(s) creating or evidencing said lien(s):
None.
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.
Foaw i t r i Nfto? a too 117"
e LRUFE TITLE INSURANCE Company of Dallas
Owner Policy
of Title
Insurance GF# 18899
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 dissolut;on, 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 stated, at its own cost defend the Insured
in every action or proceeding on any claim agains , or right to the estate or interest in the land,
or any part thereof, adverse to the title to the estate or interest in the land as hereby
guaranteed, but the Company shall not be required to defend against any claims based upon
matters in any manner excepted under this policy by the exceptions in Schedule 3 hereof or
excluded by Paragraph 2, "Exclusions from Coverage of this Policy," of the Crnditions and
Stipulations hereof. The party or parties entitled to such defense shall withir a reasonable
time after the commencement of such action or proceeding, and in ample time for defense
therein, give the Company written notice o' the pendency of the action cr proceeding, and
authority to defend. The Company shall not be liable until such adverse interest, claim, or
right shall havu 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 I:-.bility 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 w 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 shall not be a party to such action or proceeding, nor be served
with process therein, nor have any knowledge thereof, nor in any case, unless the Company
shall be actually prejudiced by such failure.
Upon sale of the estate or interest in the land, this policy automatically thereupon shall become
a warrantor's policy and the Insured, the heirs, devisees, executors and administrators of the
Insured, or if a corporation,-its successors by dissolution, merger or consolidation, shall for a
period of twenty-five years from date hereof remain fully protected according to the terms
hereof, by reason of the payment of any loss he, they or it may sustain on account of any
S~, xOcr COMA warranty of titre contained in the transfer or conveyance executed by the Insured conveying
rf the rstate or interest in the land. The Company shall be liable under said warranty only by
F; S>EALto 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
a° not to exceed the amount of this policy.
r9 sr IN WITNESS HEREOF, the USLIFE TITLE INSURANCE Company of Dallas has caused this
policy to be executed by its President under the seal of the Company, but this policy is to be
valid only when it bears an authorized countersignature, as of the date set forth in Schedule A.
llkrvyiy-~
Pnsde~f 6 C~/Qfretanve U~llm~sr/
Arteer Senior Vice President SerreWrend rreesurer
AulAonie ,S.ynern G
rDRM 111 1 2511 e16H
Formerly DALLAS TITLE AND GUARANTY COMPANY
~ a
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 ccnstructive notice of matters relating to the land.
(c) "knowledge": Actual knowledge, not constructive knowledge, or notice which may be imputed to the Insured by reason of
any public records.
(d) "date": The effective date, including hour if specified.
2. Exclusions from the Coverage of this Policy
This policy does not insure against loss or damage by reason of the following:
(a) The refusal of any person to purchase, lease or lend money on the land.
(b) Governmental rights of police power or eminent domain unless notice of the exercise of such rights appears in the public rec-
ords at the date hereof; and the consequences of any law, ordinance or governmental regulation including, but not limited to,
building and zoning ordinances.
(c) Any titles or rights asserted by anyone including, but not limited to, persons, corporations, 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 vegetation, or to lands beyond the line of the harbor or
bulkhead lines as established or changed by any government, or to filled-in lands, or artificial islands, or to riparian rights, or the
rights ar 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
vegetal ion, or their right of access thereto, or right of easement along and across the same.
(d) De`ects, liens, encumbrances, adverse claims against the title as insured or other matters (1) created, suffered, assumed or
agreed to by the Insured at the date of this policy, or (2) known to the Insured at the date of this policy unless disclosure thereof
in writing by the Insured shall have been made to the Company prior to the date of this policy; or loss or damage which would
not have been sustained if the Insured were a purchaser for value without knowledge; or the homestead or community property
or survivorship rights, if any, of any spouse of any Insured.
3. Defense of Actions
(a) In all cases where this policy provides for the defense of any action or proceeding, the Insured shall secure to the Company
the right to so provide defense in such action or proceeding, and all appeals therein, and permit it to use, at its option, the name
of the insured for such purpose. Whenever requested by the Company, the Insured shall give the Company all reasonable aid in
any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or defending such action or
proceeding.
(b) The Company shall have the right 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 subrogation shall vest in the
Company unaffected by any act of the Insured, and K shall be subrogated 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, shall transfer to the
Co,npany all rights and remedies against any person or property necessary it order to perfect such right of subrogation, and
shall permit the Company to use the name of the Insured in any lransactlon or litigation involving such rights or remedies.
5. Policy Entire Contract
Any action, actions or rights of action that the Insured may have, or may bring, against the Company, arising out of the status of the
title insured hereunder, must be based on the provisions of this policy, and all notices required to be given the Company, and any state-
ment In writing required to be furnished the Company, shall be addressed to USLIFE TITLE INSURANCE Company of Dallas, 1301
Main Street, Dalies, Dallas County, Texas 76202,
6 . This policy is not transferable.
h CXCo 0L)C~nDDD-~-~ (7~Q~Q N< n~~ oo m o0
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OATH OF OFFICE
r
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41r~
-A~ do solemnly
swear (or affirm) that I will faithfully execute the dutiF:s of the
office of f%~,i Cc .~.w
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.
/z;r"
Subscribed an sworn to before me the undersigned on this the
day of A.D. 19. To certify which
witness my an end seal of office.
CITY SECRETARY
CITY OF DENTON, TEXAS
i
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k~
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n
1 1 e, -9 J.1:2 v ' r -a .
CERTIFICATEOF INSURAKCE
THIS IS TO CERTIFY that tht f-oiluwing policies, subject to their terms, conditions and exclusions, have been issued by
Iic company or conifianics shown below:
THIS ChRTI I7CATE OF IKSUR."lNCL neither afiinnalivcly or ncr.36vcly amend,, extends or alters the cuvcrapc afforded by
the Polley or policies Shown below, nor is it an endwcment niAing the person, firm or corporation at whose request it is issued an
additional insured tin the policy or politics rc;: rwd to herein.
In the event of any material change in or cancellation of the policy or policies, the company or companies will mail ten (I0)
days' written notice to the party to whuut thi- ceilifkale is addressed.
NA!AE ANDADDRESS OF PARTY TOWHOM CERTIFICATE IS ISSUED DATE: 10-1-3-•77
r REMARKS:
City of De.tton
Municipal P.uilding
Denton, Texas 76201
Attn: Mr. Prool:s Volt
NAME AND ADDRESS OF INSURED:
Terminix, Inc. dba Bruce Terminix Compar,,,
3029 Bryan Street
Dallas, Texas 75204
Policy Effective Expirnion LIMITS OF LIABILITY'
Insurance Company Typeollnruranu Number Dale Date
Aetna Fire Work meri s Compensdticn Statutory
Undertrriters and WC 145339 1011177. 1011,113
Insurance CO. Employers Liability Employers Liability 1.1mits-SID0,000
fomprenensNa Bodily Injury
Aetna Fitt General Liability CG 519733 10/1/77 10/1/78
Underwriters s 300.000 Each occurrence
Insurance 'Vo. 300,000 Aygrega foducts
S & Com Ivied 0 erations
ptopcrty Damage
S 501000 Eechoocurrence
$ s -io Aggregate Operation:
S Aggregate Protective
Aqv-gate contractual
____50_;09D hggrcgata M,oducts
S 6 Cnrnldeteo Operations
Comprehenstva Bodily Injury
Aetna Fire S 10[1 Q ~Q
Underwr,torS Aur^rnob'!aLlauility
chOccurrence
CG 519733 ?.0/1/77 10/1/78 S - 0 00u Each Person
Insurance Co. Property Domega
S 50,000 Each Occurrence
r
- ------mss
mAbssnee or any appropriate entry rnesesno such Instance is in fires. FRED. S. JAMES & CO, OF TEXAS, INC.
a'Cowrs all aimed, norFoooned of hired vth!CIVL 4001 McKinney Ave. - Dallas, Texas 75201
,a
Authorirad R.9resentatnce of the insuf srxe Corry,+arnn refer red to elwve,
MINN.
~ 1' ~ Y O 't. ~ •
ct5
lob
r '
A-96-WARRANTY DEF.D•-WhhCen"mdCopmtaaAclm"$edffmmb MARTIN StationeryCo.,Da"
THE STATE OF TEXAS, v31 85 r~` cO
Know All Men By These Presents. ,
" County oL......... AIPA.`.'.__
DEED RECORDS
That Royal Acres Development, Inc. 24077
1
of the County of Denton , State of Texas for and in consideration of
the sum of
---------------FOUR THOUSAND & NO1100 ($4,000.00)--------------DOLLARS,
i
to us in hand paid by City of Denton
have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto the said
City of Denton
of the Counnty of Denton , State of Texas all that Certain
lot, tract or parcel of land situated in the City and County of Denton,
Stat(a of Texas, being part of the Joseph Carter Survey, Abstract No. 268
and the N.H. Meisenheimer Survey, Abstract No. 811, and also being part
of a tract of land as conveyed fro..t Joe W. Nichols and J.L. Ginnings to
Royal Acres Development, Inc., by deed dated November 12, 19590 and record-
ed in Volume 451, Page 615, of Deed Record of Denton County, Texas and
more particularly described as follows:
BEGINNING at the southeast corner of said tract, said point lying in the
•lorthwest right-of-way line of State Highway No. 10 (Sherman Drive);
THENCE :;oath 880 411 2011 west (by deed south 870 301 west) along the sout
boundary line of said tract, a distance of 18,70 feet to the beginning of
a curvy to Us left whose center lies north 370 471 55" west a distance o
666.66 feet;
THENCE northeasterly with the arc of a curve to the left ebose central
angle ■ 230 351 05" and whose radius • 666.§6 feet, a distance of 274.42
feet to a point for a corner; in the east boundary line of said tract,
same bean the northw;st right-of-way line of State Highway No. 10 (Sher-
man Drive ;
THENCE south 280 37' west along the east boundary line of said tract, same
being the wt.st right of way line r,f State Highway No. 10 (Sherman Drive)
a distanco of 74.12 feet to the Fe inning of a curve to the right whose
center lies north 610 23' west a distance of 441.80 feet;
w
THENCE southwesterly with the arc of a curve to the right whose centr:,
angle = 24° 29' 34" and whose radius = 441,80 feet a distance of '11
feet to the place of beginning and containing 1535.56 square feet of
land, more or less.
TO HAVE AND 70 HOLD the above described premises, together with all and singular, the rights and
appurtenances thereto in anywise belonging unto the said City of Denton, its successors
k9 ij and assigns forever; and i t doe hereby bind itself, Its successors
4h eucutors and adm;nfstrators, to Warrant and Forever Defend all and Argular the acid premises unto the
said City of Unton, its successors
Af1% and assigns, against every person wbomsoever lawfully claiming, or to claim the same, or any part
themcof.
Wltnes~ o u r band s at City of Denton this 5th day of
Oatober, ,A.D.1977.
Witneaara at Request of Grant":
. .Ray ..~res._.Dive...apment.....Inc;'...._.......
_............W.._............_.._.._..__...._.._...._....... B, Drab srya8~ttrei~,,i..W.
11
rIMILmi
AC"OWLEDGMSNT
THE STATE 'OF'TEXtAr, `
BEFORE ME, the undersigned authority,
COUNTY OF...... _.DentOn
In and for said County, Texas, on this day personally appeared..- Joe W.Nichola, Secretar,V"Trtasurer
._..W......
known to me tp Atioje persoa_ ----.whose came. jub%n"Ded to the foregoing instrument, and acknowledged to me that
t,q, ,a r
\ ~~u e` 9 for the purposes and consideration therein expressed. , and in the capaci ty therein
+r++"~~5th October
IER(D AND SEAL OF OFFICE, This -day oL__............ A.D. 1027'
t I
q : VOL Publit, ounl Tens
85 ( PAGE 5 ry Denton c
t .
._....._._.....3.Q._......_.._..._...., 19__78
~~~'9,.cF0ENtc~~•'•, 1fY CommrAIon Expires June
ACKNOWLEDGMENT
THE STATE OF TEXAS, BEFORE ME, the undersigned authority,
COUNTY OF»._...._..... _
In and for said County, Tens, on this day Personally appeared.......
known to me to be the persoo_-wbotr: to the foregoing instrument, and acknowledged to me that
-le--executed the same for the parposes and consideration therein expressed.
GIVEN UNDER MY SAND A1lD SEAL OF OFFICE, Tb8_...._.._,-day of. A.D. 19.........
(L. S.)
Notary Publk. w.... ._....._....County, Texas
My Commission Expires June
CORPORATION ACKNOWLEDGMENT
THE STATE OF TEXAS,
BEFORE ME, the uader.(gned authority,
COUNTY OF_._..._..__...
In and for said County, Tessa, on this day personally appeared..._
_ known to me to be the person and officer
whose name Is suburibed to the foregoing Instrument end acknowledged to me that the same was the act of the said
_ .
a cor,.oration, a A that be executed the same as the act of such corporation for the purposes and consideration therein expressed, and In
the capacity there(t. stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This ........................&y of......... A.D. 19....
(LS.)
Notaq Tens
My Commission Expires June f0...__
THE STATE OF TEXAS,
COUNTY OF._....-._.._.-.. _
County Clerk of the County Court of said County, do hereby certify that the foregoing instrument of writing dated on the..._....._._..
.....-.day A.D. 19......, with Its Certificate of Authentication, was filed for record In my office
on tbe................ _Aay of..,,,. A.D. t9........., at. _......o'dock~.....___ M., and was duty recorded this..........--
day d Y...._____....._._..._..._.._._..............., AD. 10.... at o'clock M., In the Records of said County, In Vol-
ume.... oo pages...__..„..__
WITNESS my band and seal of the County Court of sale! County, at my office In
__.__the day and year last above written.
Clerk County Court _ County, Texas
(I•.S.) By Deputy.
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R~3 6$110.00
. SCHEDULE A
Amount: ~
$4,000.00 Owner Policy No.: 0 1 311340
CF or File No.: 19229 Date of Policy: Octo' ?r 6, 1977
Name of Insured:
CITY 01' DENTON, a Municipal Corporation
1. The esla.e or interest in the land insared 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, tract or parcel of land situated in the City and
County of Denton, State of Texas, being part of the Joseph Carter Survey,
Abstract 268 and the N. H. Meisenheimer Survey. Abstract No. 811, and
also being part of a tract of land as conveyed from Joe W. Nichols and
J. L. Ginnings to Royal Acres Development, Inc., by deed dated November
12, 1959, and 2lecorded in Volume 451, Page 615, of Reed Records of Denton
County, Texas and more particularly described as follows;
BEGINNING at the Southeast corner of said tract, said P011Lt lying in
the Northwest right-of-way line of State Highway No. 10 (Sherman Drive);
THENCE South 88° 41' 2011 West (by deed South 97° 30' West) along the
South boundary line of said tract, a distance of 18.70 feet to the
beginning of a curve to the left whose center lies Nortll'rr° 4?' 55"
West a distance of 666.66 feet;
THENCE Northeasterly with the are of a curve to the left whose Central
angle = 23° 351 051' and whose radius = 666.66 feet, a distance of 274.42
feet to a point for a corner; in the East boundary lire of said tract,
same being the Northwest right-of-way line of Stato Highway No. 10,
(Sherm n Drive);
THENCE South 28e 371 West along the DAst boundary line of said tract,
same being the West right of way line of State Highway No. 10 (Sherman
Drive) a distance of 74.12 feet to the beginning of a curve to the right
whose center lies North 61° 231 West a distance of 441.80 feet;
THENCE. Southwesterly with the arc of a curve to the right whose central
angle - 24° 29' 3411 and whose radius - LA1,1.80 feet a distance of 188.86
feet to the place of beginning and containing 1535.56 square feet of
land, more or less.
oenlw USLIFB TITLE INSURANCE Company of Dallas
1301 Main Strn1
Dell" True 76202
n 1.l' I I I I II'It IT A 11}ell
ar7s
SCHEDULE B
Owner Policy No.: 1 311340
This policy is subject to the Conditions and Stipulations hereof, the terms and cond cions of the leeses or easements in-
sured, if any, shown in Schedule A, and to the following matters which are additional e-. -.eptions from the coverage of this
policy:
1. rfestrictive covenants affecting the land described or referred to above.
2. Any discrepancies, conflicts, or shortages in area or bcundary lines, or any encroachments, or any overlapping of im-
provements.
3. Taxes for the year 19.77__ and subsequent years., due and payable.
4. The following fien(s) and all terms, provisions and conditions of the instrument(s) creating or evidencir.o said lien(s);
None.
5. Easement dated April 25, 1961, executed by Royal Acres Development,
Inc., to the City of Denon, for Power Line, of record in Volume 467,
Page 524, Deed Records of Denton County, Texas.
6. Easement sated September 23, 1968, executed by Royal Acres Development,
Inc., to the City of enton, of recu~u in Volume 573, Page 153, Deed
Records of Denton County, Texas.
7. Sewer Easement dated August 5, 1960, executed by Royal Acres
Development, Inc., to the City of Denton, of record 1.n Volume 458, Page
5562 Deed Records Df Denton County, Texas.
8. Any portion trf the captioned property falling within the boundaries
f any road, street or highway.
9. Visible and apparent easements on or across the property.
w
r,o. irk i ir;e ore re. rr.+
LJktlFE TITLI INSURA14CE Company ofDallas
Owner Policy
of Title
Insurance GF# 19229
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 dissol 'on, 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 stated, at it= awn cost defend the Insured
in every action or proceeding on any claim against, or right to the estate or interest in the land,
or any part thereof, adverse to the title to the estate or interest in the hind as hereby
guaranteed, but the Company shall not be required to defend against any clr,ims based upon
m:, _rs 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, Pnd 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 shalt be fomless 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 61hts of
the insured if such Insured shall not be a party to such action or proceeding, nor be served
with process therein, nor have any l nowled,le thereof, nor in any case, unless the Company
shall be actually prejudiced by such failure.
Upon sate of the estate or interest in the land, this policy automatically thereupon shall become
a warrantor's policy and the Insured, the heirs, devisees, executors and administrators of the
Insured, or if a corporation, its successors b-, c ssolution, merger or consolidation, shall for a
period of twenty-five years from date herei, 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
S~axrcECOyA warranty of title contained In the transfer or conveyance executed by the Insured conveying
r . , the estate or interest in the land. The Company shall be liable under said warranty only by
` s reason of defects, liens or encumbrances existing prior to or at the date hereof and not
SEAL T o excluded either by the exceptions or by the Conditions and Stipulations hereof, such liability
fa° not to exceed the amount of this policy.
v~~'C' 7t x A?.S fn
IN WITNESS HEREOF, the USLIFE TITLE INSURANCE Company of Dallas has caused this
policy to be executed by its President under the seal of the Company, but this policy is to be
valid only when it bears an authorized countersignature, as of the date set forth in Schedule A.
Prwdeml Chid Lrtuuv/O/^l%ce/,~ - yA ~
Allerr: Senior Ylce Prendenf. Seerffrrr/nd rreuurel
61ft- ,L
A u fM1O rit/d 9p ~/!w/
FOAM IT) 1 VIM 776H
Formerly DALLAS TITLE AND GUARANTY COMPANY
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 Platters relating to the land.
(c) "knowledge: Actual knowledge, not constructive knowledge, or notice v%Kch 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
i I,is policy does not insure against loss or damage by reason of the following:
(a) The refusal of any person to purchase, lease or lend money on the land.
(b) Governmental rights of police power or eminent domain unless notice of the exercise of such rights appears in the public rec-
ords at the date hereof; and the consequences of any law, ordinance or governmental regulation including, but not limited to,
building and :cninq ordinances.
(c) Any titles or rights asserted by anyone including, but not limited to, persons, corporations, gcvernments or other entities
to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, I3kes, bays, gulfs or ocean-
or to any land extending from the line of mean low tide to the line of vegetation, or to lands beycnd the line of the harbor or
bulkhead lines as established or changed by any government, or to filled-in lands, or artificial islands, or to riparian rights, or the
rights or interests of the State of Texas or the 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 insured or other matters (1) created, suffered, assumed or
agreed to by the insured at the date of this policy, or (2) known to the Insured at the date of this policy unless disclosure thareof
ii, writing by the Insured shall have been made to the Company prior to the date of this policy; or loss or damago which would
not have been sustained if the Insured were a purchaser for value without knowledge; or the homestead or community property
or'st rvivorship rights, if any, of any spouse of any Insured.
3. Oefense of Actions
(a) n all cases where this policy provides for the defense of any action or pros,3eding, the Insured shall secure to the C,3mpany
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 Company all reasonable aid in
any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or defending such action or
proceeding.
(b) The Company shall have the right 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 dee; red 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 subrogation shall vest In the
Company unaffected by any act of the Insured, and it shall be subogated 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, shall transfer to the
Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation, and
shall permitthe Company to use the name of the Insured In any transaction or litigation involving such rights or remedies.
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 my state-
ment in writing required to be furnished the Company, shalt he addressed to USLIFE TITLE INSURANCE Company of Dallas, 1301
Mein Street, Dallas, Dallas County, Texas 75202.
6. This policy is not transferable.
1
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i 229 Vks1 Hickory
r Box 518 •
Denton Texas 76201
817 387 6148
UAIFE TITLE Company of Denton
October 7, 1977
Mr. Brooks Holt, City Secretary
Municipal Building
Denton, Texas 76201
Re: A tract out of the J. Carter Survey, A-268 and the N. H.
Meisenheimer Survey, A-811
r Purchase from - Royal Acres Development, Inc.
Dear Sir:
We are enclosing Owner's Title Insurance Policy No. 1 311340 which
covers the above property purchase by the City of Denton.
If we can 'je of further service to you in the future, please do
not hesitate to call on us.
Very truly yours,
USLIFE TITLE CO. OF DENT014
By:
Ott is era
OA/bp 4
cc
I
I
229 West Hickory
` Box 518
' Denton Texas 76201
817 387 6148 '
LI.` M TITLE Compan j of Denton
October 21, 1977
Mr. Brooks Holt, City Secretary
Municipal Building
Denton, Texas 76201
RE: H. L. Whitworth et ux sale to City of Denton
Dear Sir:
We are enclosing Owners Title Insurance Policy No. 1 311360
which covers the above property purchase.
If we can be of further service to you in the future, please
do not hesitaiG to call on us.
Very truly yours,
USLIFE TITLE CO. OF DENTON
By:
Ottis ikers
OA/bp
cc
•1• Rule Pr•mlum
.
• R-3 $110.00 SCHEDULE A 1
Amount: $100.00 Owner Policy No.: U 1 311360
GF or File No.: 19005 Date of Policy: October 219 1977
Name of Insured:
CITY OF DiJIdTON, TEXAS, a hhtnicipai Corporation
1. The estate or interest in the land insured by this policy is: Fee Simple
(fee simple, Ica;ehold, easement, etc.-identify or describe)
2. Tha land referred to in this policy is described as follows:
All that certain lot, tract or pparcel of land lying and being situated in
the City and County of Denton Sta-k"e of Texas, and being part of the J.
Carter Survey, Abstract No. 2i8, ani also being part of a tract of land
conveyed from If. L. Whitworth and w.Lfe Melba A. Whitworth by deed dated
.,Tune 11 1959 and recorded in Voluun;a 4479 Page 328 of the Deed Records of
Denton bounty, Texas and more partii%ularly described as follows:
BEGINNING at tine Southwest corner of said tract same being the inter-
section of the East right of way line of State Highway No. 10 (Sherman
Drive) with the North right of way line of Liveoak Street;
THENCE North 200 511 East along the West boundary line of said tract
same being the East right of way line of State Highltay No. 10 (Sherman
Drive) a distance of 10 feet to a point for a corner;
THENCE South 340 041 3011 East a distance of 11.49 feet to a point in the
South boundary line of said tract same being the North right of way cf
Liveo.* Street for a corner;
THENCE North 89° West along the South boundary line of said tract same
being the North boundary line of Liveoak Street a distance of 10 feet to
the place of beginning and containing 47.03 square feet of .and, more or
less.
Denton USLIF1 TITLE INSURANCE Company of Dalfaa
1301 Maln $trad
Dallas, Taxis 76304
f ORM lU 1 SNS[R1 R SON IMM
SCHEDULE B
Owner Policy No.: 1 311360
This policy is subject to the Conditions and Stipulations hereof, the terms and conditions of the leases or easements in-
sured, if any, shown in Schedule A, and to the follostiing matters which are additional exceptions 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 im-
provements.
3. Taxes for the year 1977.. and subsequent )cars.
4. The following lienls) and all terms, p ovisions and condi!ions of the instrument(s) creating 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.
'C•M 01 1 IMS.•t 0 .SM ?t.M
LE41 FE TITLE INS(JRANCE Company of Dallas
Owner Policy
of Title
Insurance GF* 19005
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, r erger 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 hnreof, and shall, except as hereinafter stated, at its own cost defend the Insured
in every action or proceeding on any claim against, or right to the estate or interest in the land,
or any part thereof, adverse to the title to the estate or interest in the land as hereby
guaranteed, but the Company shall not be required to defend against any rlaims based upon
matters in any manner excepted under this policy by the exceptions in Schedule 8 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 Comp.)ny 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 adw:rse
interest, claim, cr right established may bear to the whole estate or interest in the land, such
ratio to be bases on respective values determinable as of the date of this policy. In the ansence
of notice as aforesaid, the Company is rePeved from all liability with respect to any such inter-
est, claim or right; provided, ho.aever, that failure to notify shall not prejudice the righ!s of
the Insured if such Insured shall not be a party to sucl action or proceeding, nor be c ~rved
with process therein, nor have any knowledge thereof, nor in any case, unless the Company
shall be actually prejudiced by such failure.
Upon sale of the estate or interest In the land, this policy automatically thereupon shall become
a warrantor's policy and the Insured, the heirs, devisees, executors anr. administrators of the
Insured, or if a corporation,.ils successors by dissolution, me ger or consolidation, shall for a
period of twenty-five yearr from date hereof remain fully proleried according to the terms
hereof, by reason of the payment of any loss he, they or it may sustain on account of any
r~Ja~wcE cc warranty of title contained in the transfer or conveyance executed by the Insured conveying
r the estate or interest in the land. The Company shall be liable under said warranty only by
j 9F1A1L i c reason of defects, liens or encumbrances existing prior to or at the date hereof and not
t f excluded either by the exceptions or by the Conditions and Stipulations hereof, such liability
not to exceid the amount of this policy.
IN WITNESS HEREOF, the USLIFE TITLE INSURANCE Company of Dallas has caused this
policy to be executed by its President under the seal of the Company, but this policy is to be
valid only when it bears an authorized countersignature, as of the date set forth in Schedule A.
Pleniden( & Clef rreeohve cfhCtl
Anesf senior Voce Prezwem, SJe[refery and rreesurer
&t~oC'J
Aufhoraed S,pne7ure
i
roRM if) 1 5DM 11f6H
Formerly DALLAS TITLE AND GUARANTY COMPANY
Conditions and Stipulations
1. Dorinitiens
The following terms when used in this policy mean:
(a) "land": The Innd described, specifically or by reference, in Schedule and improvements affixed thereto which by law
constitute real property.
(b) "public records"; Those records which impart constructive notice of matters relating to the land.
(c) "knowledge": Actual knowledge, not constructive knowledge, or notice which may be imputed to the Insured by reason of
any public records.
(d) "date The effective date, including hour if specified.
2. Exclusions from the Coverage of this Policy
This policy does not insure against loss or damage by reason of the following,
{a) The refusal of any person to purchase, lease or lend money on the land.
(b) Governmental rights of police power or eminent domain unless notice of the exercise of such rights appears in the public rec-
ords at the date hereof; and the consequences of any law, ordinance or governmental regulation includinp, but not limited to,
building and zoning ordinances.
(c) Any titles or rights asserted ba 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 tine of mean low tide to the line of vegetation, or to lands beyord the line of the harbor or
oulkhead lines as established or changed by any government, or to filled-in lands, or artificial islands, or to riparian rights, or the
rights or interests of tho 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 insured or other matters (t ) 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 foss or damage which would
not have been sustained if the Insured were a purchaser for value without knowledge; or the homestead or c:,mmunity property
)r' survivorship rights, if any, of any spouse of any Insured,
3, Defense of Actions
(a) In all cases where this policy provides for the defense of any action or proceeding, the Insured shall secure to the Company
the right to so provide defense in such action or proceeding, and all appeals therein, and permit it to use, at its option, the name
of the Insured for such purpose. Wherever requested by the Company, the Insured shall give the Company all reasonable aid in
any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or defending such action or
proceedii g.
(b) The Company shall have the right to select counsel of its own choice whenever it is required to defenri any action or pro-
ceeding, and such co!tnsel 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 ,r both, shall not be con-
strued as an adr,lission of liability, and the Company shall not thereby be held to concede liability or waive any provision of this
a policy.
4, Paymert of Loss
(at No clam shall arise or be maintainable under this policy for liability voluntarily assumed by the Insured in settling any Maim
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 tanto; 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 cc,mpromise for or in the name of the Insured any claim insured against
by this policy, and such payment or tender of payment, together with all costs, attorney fees and expenses which the Company
is obligated hereunder to pay, shall terminate all liability of the Company hereunder as to such claim. Further, the payment or
lender of payment of the full amount of this policy by the Company shall terminate all liability of the Company under this policy.
(d) Whenever the Company shall have settled a claim under this policy, all right of subrogation shall vest In the
Company unaffected by any act of the Insured, and it shall be subrogated 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, shall transfer to the
Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation, and
shall permit the Company to use the name of the Insured in any transaction or litigation involving such rights or remedies,
6. Policy Entire Contract
Any action, actions or fights 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 p,ovisions of this policy, and all notices required to be given the Company, and any state-
ment In writing required to be furnished the Company, shall be addressed to USLIFE TITLE INSURANCE Company of Dallas, 1301
Main Street, Dallas, Dallas County, Texas 16202.
A, This policy is not transferable.
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A96-WARRANTY DEED-WitkCmualmd Copomtio%Acknodedlmmu MARTIN Statkavy Cm. Dall-
THE STATE OF TEXAS VOL 859 PACE 20 .
' Know All Men By 1'liese Presents:
+ County uL......:D.ENT.Q.N.... 5............ .t
Out) A'm"
That MAY BARBARA DIXON
`L4948
of the County of Denton , State of Texas for and in consideration of
the sum of
ONE THOUSAND FOUR HUNDRED $ NO/100------------------ ---DOLLARS,
to her in hand paid by the City of Denton, Texas
have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto the said
City of Denton, Texas
of the County of Denton , State of Texas 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 J. Pearson Sur-
vey, Abstract No. 1049 and being part of a tract of land as conveyed
from Charles J. Culter, et al to May Barbara Dixon by deed dated
October 3, 1936 and recorded in Volume 261, Page 84 of the Deed Records
of Denton County, Texas, and more particularly described as follows:
BEGINNING at the northwest corner of said Dixon Tract, said point of
beginning also being the intersection of Ganzer Road and Barthold Road;
THENCE east along the north boultdar., ling of said Dixon Tract, samo be-
ing the center line of Ganzer Ruad, a distance of 120 feet to a point
for a corner;
THENCE south a diNteince of 254 feet to a point for a corner;
THENCE west a distance of 120 feet to a point for a corner in the west
boundary line of said Dixon Tract;
THENCE north along the west boundary line of said Dixon Tract, same be-
ing the center line of Barthold Road, a distance of 2S4 feet to the
place of beginning and containing 300480 square feet of land, more or
less,
TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights and
appurtenances thereto In anywise belonging unto the said City of Denton,, Texas, its
successors s
bah and assigns forever; and 1 do hereby bind myself t my
helm, executors and administrators, to Warrant and Forever Defend all and singular the said premises unto the
i
sold City of Denton, Texas, its successors
Kr4 and assigns, agalnst every person whomsoever lawfully tlalming, or to claim the same, or any part
thereof.
Witness ny hand at this !J # day of
, A.D. 19 7 7
Witnesses at Request of Grantor: ,t
. r.~q........
............i.M.........
ACKNOWLEDGMENT
THE STATE OF TEXAS, '
~ BEFORE ME, the undenigmed authority,
COUNTY OF
In and for said County, Tessa, on this day personally appeared .._.J1.A.Y....BARBARA....DIXON
N....:
known to me to be the penoa.._......... whose name ..,..ls ubxribed to the foregoing instrument. and acknowledged to me that
_..$he.._., a..afeculcd the same for the purposes and consideration therein expressed
GWEN UNDER MY HAND AND SEAL OF OFFICE, This....... /0......day of . AD. 19.1.....
(L. S.)
S _
i
otmy Public,._. County, Texas
VOL 859 PACE 2 'n
ty Commission Expires June / 19
ACKNOVYZEDGhIENT
THE STAVE OF TEXAS,
BEFORE ME, the undersigned authority,
COUNTY OF.......... ._..,,..W..........__..»
in and for said County, Texas, on this day personally appeared..........
known to me to be the person ....whose name suuscribed to the foregoing Instrument, and acknowledged to me that
..he_ _ .suet ! d the same for the purposes and consideration therein expressed,
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This _...day of A.D. 19...........
U. S.)
Notary Pub&,_._.__..._.._....... County, Texas
My Commission Exphes Juae».__._ _ _ _ , f0.____.
CORPORATION ACKNOWLEDGMENT
THE STATE OF TEXAS, Bl. ORE ME, the undersigned authority,
COUNTY OP.._..___ _ t
in and for said County, Texas, on thlu day penally appeared....._
known to me to be the person and omcar
whose name is subscribed W the foregoing instrument and acknowledged to me that the same was the ad of the said.........._................__
w__..._._.._..._...__ _
a wrpontfon, and that he executed the name u the act of such corporation for the purposes and consideration therein expressed, and In
the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This 4 ...............day of..._....................... A.D.
(L S.) .
Notary PubHer_ _._....._..._._..............._County, Tau
s--%y Commission Expires June.......... 19.._.....
THE STATE OF TEXAS,
COUNTY OF..........,...............,...................
County Clerk of the County Court of said County, do hereby certify that the foregoing Instrument of wilting dated on the.._
..._day ofw„ . _ , A.D. ;0. with Its Ced6:ate of Authentication, was died for record in my office
on the..-..._. _...day of_..... A.D. 19........, at...... __.o'clock._._ _16, and was duly recorded this...............
day A.D. 19 at O'clock._.. In the Records of sold County, In Vol-
amn................ 1,7 pi¢ex._._
WITNESS ray hand and teal of the County Court of Laid County, at my office In. . ti
. _ the day and year Oat above wdtt n.
Clerk County CouR.....»......,..._..._» .............................County, Tau
(LF.r Sy._ ..........w. Deputy.
t
t,
to a e I
V V 1~ n
n
Z
o C
I I ii to
~39aa ~S ph o
1 '401*3 oolutd YV313 Al ro
L~vl 8Y !00
'ow Ag uw+,ey p,9woK ie ttrl'RW~dJ uqueO p
ep,ow, powN o,n io 0ild pu0 ownlon oyl ul popioo
A1np pM put Iw 14 uq»y Qdwill own put oltp
op uo Mfg gem luawvlsul 1141 1041 Nru" Agojoy I
o Ia01 'Alunoo aoluod 'NN313 A1Nf1OJ
k 1
CERTIFICATE OF INSURANCE
RELIANCE
1 f 1 INSunAr.ICE COvrANY
rr~ 1 V Phdtilelph,a, PA
~ I1 T UNITED PACIFIC
`III INSURANCE COMPANIES 6 ~,xNe HAc ACE ioM'palr;h
Atlmm,yb aT ra Omwes-Pnnad.Ipha, PA
CASCADE
Coverage is Provodsd in the Company del- 7 INSURANCE COMPANY
,pealed by Number Each ( A Sloek Ineur• Home omits-Taeaoa Wean
ante Company, heron called the Company Admm,abahve prates -r'nllad,lpua, PA
This Certificate Is mailed to: 2 Planet Insncanee Co.
F THIS CERTIFIES that the Compa^y Indicated above has
City of Denton Issued, to the Insured named her,LU, policies of Insurance
which provide coverage as indicraed below. Such policies
Municipal Bldg, are sub)ect to the provisions, :onditions snd limitations
Denton, Texas 76201 collatned therein. This Certificate of Insurance does not
In any way amend, extend, r,Iler or vary the coverage
1'.'drded by the policy or poli;ieat relerred to herein. It Is
L stmply a synopsis or summary of the actual insurarlcta
contract.
The Insurance Company Indicated above will .lake every eff xt to glue written notice by regular md!I to the above named holdbr of
this Certificate of any material change In or cancellation of these policies, but assumes no liability for failure to do so or for any orror.
POLICY EXPIRATION BODILY 1NJIIRY IAJILITy Llhils PROP(RTT 11AMAGC LIA9RISy tIMITSNJMnM PRP( VAMGC ABR LIMTS
HAZARDS 0A
1[
[
_ fah Pii lath A« a.,gcc, ,"C' Each Aead.00"I"l A/(npre
a Premises-Operations -
w Elevators
I Sublet Operation: _ x x % 7A 11gA421 L Products-IncluIng
L completed Operations
I _ _1-7 Aggregate Llmlt il Ann
A Conlradutd-As
1
described below
ZA 11A6 2 10-11-7A
T
T This coverage is provided under. ] Comprehensive, Schedule Poilcy
y Owned AlulonnOiles 10-1-78
x x x
T Hired Automobiles -1-3 ZA 1186423 __10 xxx
n•Owned Automobiles
o No x x x
2.A 11 A64 2.3 -
10-1-70
1
L This coverage ;s provided under: Comprehensive, SUledule Poilcy
Burr
Workmen's Compensation 7P llaG4 22 Compensation-Statutory Lnnlt E. L. Limit: f 100 Ono
Iary _ Form: Amount
Name of Insured and Address:
ela"i Jay-Mar Corporation
Box 354a
Irving, Texas 75061
Location of Risk and Description of Operations: MXSON • MMONBY• TURNER
Cenunf /yuuronee,aA~jeM~
SM CLDAR SPRINGS, DALLAS, ILTAS ?gets a eRl•IIIJ
HARRY J. 13ROWNLEE
_ saes leis
Description of Specific Contract(s) for which Certificate Is Issued (Indicate Types of Agreements, Part les, anJ Dates):
10-19-77 By Authorized
Representative: MAy.80n , oney-Turner, Inc.
L4U 10, 1/Te ItaTl L GRIN 10, 1/7e 1 %(ILK.I
7 ^ h y y
fX
r
„4, . I ~l~eu~~ rr Twit for. ~tr~r~
>y
td 'P,f. •E r c r~ n ~:oti L2dVMyrFV7r4
SOSO STEMMONS FTEEWA" • P. O, BOX 7900. DALLAS. TEXAS 75222 • PHONE 214/071.2020 • JOE KIRBV, PRESIDENT
EVERYTHING IS ANSWERED THE DAY WE RECEIVE IT
ALSO
WE OPEN SATURDAY MORNINGS IN CASE
BOND PROBLEMS COME UP
October 28, 1977
City Clerk
City Hall
City of Corinth
Corinth, Texas
RE: Bond O1453686(L and P 105997)
A. E. Holcomb
Electrician, Corinth
Gentlemen:
Please accept this letter as our request for you to reinstate the
above bond.
We acknowledge receipt of our liability under the terms of the 1)ond
as if notice were never served.
Yours very truly,
W SY COMPANY
Vice President
DAK:Ijc
CC:
James W. Fox
3720 Ovid
Dallas, Texas 75224
A. E. Holcomb
c/o agent
~ s
k
s
D ~
F,..
40) -0
4 DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
SO>VTHWEST REGION
POST UFFICE BOX 1689
FORT WORTHRTH9, TEXAS LICENSE DOT-YA77SW-1165 (RWI7.35)
11
W APPROACH LIGHT LANE SITE
Fk INSTRUMENT LANDING SYSTEM SITES
❑ RADAR SITES
Location Denton Hunicipal Airport
Denton, Texas
LICENSE
1. For and in consideration of the benefit to the Dentoc Municipal
--Airport and to the general public utilizing same, the undersigned, herein.
after referred to as the licensor, hereby grants tothe United States of America the license, right and
privilege to install, operate and maintain an approach light lane; an instrument lending system;
radar facilities; and necessary control facilities, upon therollowing described lands inthe Countyof
Denton in the State or Texas more particularly
described as follows:
LOCALIZER. GLIDE SLOPE. HIDDLK MARKER. HALSR - RUNWAY 17-35
In accordance with Drawing No. SW-D-8983-IA and restrictions thereon, dated
3.4-77, attached hereto and made a part hereof.
2. Together with the rightof ingress and egress over the said lands and adjoining lands of the
licensor, necessary or convenient for the installation, operation and maintenance of the approach
light lane; an instrument landing system; radar Facilities; and necessary control facilities; and a
righbof•way for apower line and control line, overhead and underground,or other facilities, over and
across the said lands and adjoining lands of the licensor, said right of ingress and egress and said
right•of•way,unless hereinbeforedescribed bymetes andbounds, tobo by the most convenient routes;
and the right to utilize any existing power lines, control lines, conduits, or other facilities of the
licensor which are adaptable to use in connection with the purpose of this license.
3. The right ofingress and egress and the right-of-way herein granted shall insure tothe bene-
fits of the licensee and its duly authorized agents, representatives, contractors rnd employees,
1. The licensor further agrees not to erect or to allow to be erected on the property licensed
hereby or on adjacent property of the licensor, any structure or obstructit'n of whatsoever kind or
nature as will interfere with the proper operation of the facilities to be installed by the Government
under the tem,s of this license unless consent thereto shall first be secured from the licensee in
writing.
5. This license shall become effectivo.MaY Z1977Zi1977 and shall remain in force
until September 3001971, and may, at the option o! the Government, be renewed from year to
year upon the terms herein specified. The Government's option shall be deemed exercised and the
license renewed each year for one year unless the Government gives 30 days notice that it will not
exercise itsoption, before this license or any renowal thereof expires; PROVIDED, That norenowal
thereof shall extend the period of occupancy of the premises beyond the 30th day of
September, 1991.
FAA Farm 4423.1 (34711UPFASEDES FAA FORM 1314
. a
s. ~+Yi~liltdi+~4nt¢tfiwrt~t~,awrtro~~~ir~Etirove+rrtn~aM~t~a~~Iv~lNrfips~.~~r
7. All structures, improvement:, or other property placed upon the said premis3s by the United
States shall remain its property and may be removed by it upon the expiration or termination of this
license or within 90 days thereafter.
8. No Member of or Delegate to Congress or Resident Commissioner shall be admitted to any
share or partof this license or toany benefit to arise therefrom. Nothing, however, herein contained
shall be construed to extend to any incorporated company, if the license be for the general benefit
of such corporation or company.
9. The licensor hereby warrants that it has acquired nd possesses an adequate real estate
right in the property described herein, and that it is authorized to grant to the United States of
America, the rights and interests set forth herein.
10. Covenant Against Contingent Fees: The licensor warrants that no person or selling
agency has been employed or retained to solicit or secure this license upon an agreement or under-
standing for a commission, brok-age, percentage, or contingent fee, excepting bonafide employees
or bonafide established commercial or selling agencies maintained by the licensor for the purpose
of securing business. For breach or violation of this warranty the Government shall have the right
to annul this license without liability or in its discretion to deduct from the contract price or con-
sideration, the full amount of such commission, brokerage, percentage, or contingent fee.
DATED THIS 230 ' " DAY OF , 1927
C OF ENT
Articles 11, 11, 130 149 150
160 and 17 follow the signatory
page.
Address:
ACCEPTED:
UNITED STAPES OF AMERICA
By: 9&.. X71,
qrV13 M. 8I1Ki
TitletContractiatt officer
(If Licensor is a corporation, the following certificate shall be executed by the secretary or
assistant secre ry.) r
CERTIFY that 1 am he .-Secre-
tary of th orporation named as licensor in this license that ,
who signed sail license on behalf of the licensor, was then
of said corporation, that said license was duly signed for and in be alt said corporal on by author-
ity of its governing body, and is within the scope of its corporate power3.
LCORPORATE SEAL]
l.tewet tio, DOT-7076".1M
LOC /0!/NI /l"!IW lk
plotop lauaiatyat Airport
iVOtoa, TWA$
Ile P[Rmnic nFs-roMSIAILITY CLASS I - II FACILITIES
The airport owner agrees that any relocation, or replacement,
or modification of any Federal Aviation Administration Class I or
II facility, or components thereof, as defined below, covered by
this contract during its term or any renewal thereof made necessary
by ituport improvements or chani;cs which impair or interrupt the
technical and/or operational characteristics of the facilities will
be at the expense of the airport owner; except, when such improvemeata
or clwnges are made at the specific request of the Goverment. In
the event such relocations, replacements or modifications are
necessitated due to causer not attributable to either the airport
owner or the Cover:uaent, funding responsibility shall be determined
by the Government,
MASS I FACILITIES
Remote Transmitter/Receiver (Tower) Visual Landing Aids
Airport Traffic Control Tower Direction FinJing Equipment
Airport Sutvcilinnec Radar VOR, IVOR & VORTAC
Airport Surface Ditection Equipment (Instrument Approach)
Precision Approach Radar Weather Observing & Measuring Equip.
ILS and Components (owned & ,dcrated by FAA)
ALS and Components Central Standby Power Plant
CLASS II FACILITIES
Long Range Radar VOR and VORTACi (en route only)
Air Route Traffic Control Centers Flight Service Station
Peripherals (Remote Control Remote Corn+.unicatIons Outlet
Air-Ground, Co=unication Facility) Limited Remote Communications Ovtiot
Other cn route facilities
I
License No. DOT-FA77SW-1165
LUC/GS/!QS/It UR
Denton Hunicipal Airport
Denton, Texas
12. TER41NATION:
The Govornment shall have the right and privilege to terminate this
license any time during the initial term, or any renewal tem thereof, by
giving thirty days' notice in writing to the Licensor, such notice to be
computed from the postmark date cited on the envelope in which said notice
is mailed.
13. WON-REST M110U.,
it is hereby agreed between the parties that upon termination of its
occupancy the Cover, ant shall have no obligation to restore and/or
rehabilitate, eith.ir wholly or partially, the property which is the
subject matte- of his license other than to ordeirly remove its equipment
therefrom. It is further agreed that the Government may abandon in place
any or all of Use structures and equipment installed in or located upon
said property. Notice of abandonment will be conveyed to the Licensor in
writing.
14. RIGHTS no OTHERS:
The rights from others for the NAL81 site on the north end of Runway
17L and the Localiaer site on the south and of Runway 35R are to be obtained
by the City of Dentoa without cost to the Government under the same terms
and conditions as this license.
15. 220 MB CONYBMDV R~JJM FRM MMRS:
All documents conveying above rights from others shall have copies
submitted with the executed license,
16. INTRICTIONSr
The City of Denton shall be responsible for removing the power poles
and power line in the R site restricted area on the north and of
Runway 17L. The City shall alai be responsible for removing the existing
barb wire feats inside the Localiser restricted area on the oouth and of
Runway 35R.
17. AMTIONB AND DEISTIONB:
Article 6 was deleted) and Articles 11, 12, 130 14, 15, 16p and 17
were added hereto sad made a part hereof rorior to the signature of either
party to this license,
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
SOUTHWEST REGION
POST OFFICE BOX 1689
FORT WORTF , TEXAS 76101 Lease No.: DOT-FA78SW-1011
Outer Marker Site - RW-17
Denton, Texas
LEASE
between
CITY OF DENTON. UXAS
a
and
IrnE Um7'm) S1'ATEs of AMFRICA
This LtAsE, made and entered into this day of
in the year one thousand nine hundred and seventy-seven (1977)
by and between the CITY OF DENTON, TEXAS
whose address is Office of City Manager
Municipal Building
Denton, Texas 76201
for itself, its successors, and
assigns, hereinafter called the Lessor and the UM1 LD STATES oF AMEMCA,hereinafter called the Government:
WIrNESSEnr.The parties hereto for the consideration hereinafter mentioned covenant and agree as follows:
1. For the te.,n beginning Oct. 211 1977 and ending September 30, 19 78 the Lessor hereby leases to
the Government the followi., described property, hereinafter called the premises, viz: Al l that certain lot,
tract or parcel of land lying; and being situated in the City and County of
Denton, State of Texast and being part of the J. Pearson survey, Abst. No. 10499
and being part of a tract of land air conveyed from Charles J. Cutler, et al to
May Barbara Dixon by deed dated October 3, 1936 and recorded in Volume 261,
Page 84 of the Deed Records of Denton County, Texas, and more particularly
described as follows: Beginning at the NW corner of said Dixon Tract, said
POINT OF BEGINNING also being the intersection of Ganser Road and Barthold Road;
thence East along the North boundary line of said Dixon Tract, same being the
centerline of ganrer Road. a distance of 120 feet to a point for a corner; thence
South a distan a of 254 feet to a point for a corner; thence West a distance of
120 feet to a point for a corner in the West boundary line of said Dixon Tract;
thence North along the West boundary line of said Dixon Tract, same being the
centerline ui Bsrthold Road, a distance of 254 feet to the PLACE OF BEOINNIM
and containing approximately 0.7 acre of land, more or leas, as more particu-
larly shown on EXBIBIT "All attached hereto and made a part hereof.
° - FAA FORM 44234 Pg. 1 (8.76) Supersedes Previous Edition
Lease No.: DOT-FA78SW-1011
Outer Marker Site - RW-17
Denton, Texas
a. Together with a right-of-way for ingress to and egress from the premises; a right-of-way or rights-of-way
for establishing and maintaining a pole line or pole lines for extending electric power, and telecommunications
facilities to the premises; and right-of-way for subsurface power, communication and water lines to the premises;
all rights-of-way to be over the said lands and adjoining lands of the lessor, and unless herein described by metes and
bounds, to be by routes reasonably determined to be the most convenient to the Government.
b. And the right of grading, conditioning, and Installing drainage facilities, and seeding the soil of the premises,
and the removal of all obstructions from the premises which may constitute a hindrance to the establishment and
maintenance of air navigation and telecommunications facilities.
c. And the right to make alterations, attach fixtures, and erect additions, structures, or signs, In or upon the
premises hereby teased, which alterations, fixtures, additions, structures or signs so placed In or upon, or alta Chad to I!
the said promises shall be and remain the property of the Government, and may be removed upon the date of expi-
ration or termination of this lease, or a;;tnin ninety (90) days thereafter, by or on behalf of the Government, or its
grantees, or purchasers of said alterations, fixtures, additions, structures, or signs.
2. This lease may, at the option of the Government, be renewed from year to year and otherwise upon the
terms and conditions herein specified. The Government's option shall be deemed exercised and the lease renewed
each year for one (1) year unless the Government gives the Lessor thirty (30) days written notice that It will not
exercise its option before this lease or any renewal thereof expires; PROVIDED, that no renewal thereof shall extend
the period of occupancy of the premfsesbeyond the 30 day of September 19 92,
r~i~~~1►~r~ap~ar;~ra~~+~rirr~~~i<~~~~1/a~~~~~~~~r~s~~i~~l
3. The Government shall pay the Lessor rental for the premises ft1YV/tr1i/r #1 no monetary
consideration in the form of rental, it being mutually agreed that the rights
extended to the Government herein are in consideration of the obligation assumed
by the Government in its establishment, operation, and maintenance of the
l~~lellY~fST1'fife/~Pl~d'flf/ facilities upon the premises hereby leased.
FAYWARM19"PIPH~rrvvv~/f r~r~f~/ P'rrt~r'~~ Y~» krrr ~r~~ i l lf~ls l
~~~P/!1F/~"~Pi~~Snrr~'l ~7`P1"f19YY9t'f)'9~!/
4. The Government may terminate this lease, in whole or In part, at any time by glsing at least thirty (30)
days notice in writing to the Lessor, and no rentr,' shall accrue after the effective date of termination. Said notice
shall be se-it by certified or registered mail.
this lease. If the Lessor by written notice at least days before th nor termination
requests restoration of the premises, the Government I ninety (90) days after such expiration
or termination, or with me as may be mutually agreed upon, either (1) restore the premises to
FAA FORM 4423-2 Pg. 2 (8.76) Supersedes Previous Edition
Lease No.: DOT-FA78SW-1011
Outer Marker Site - RW-17
Denton, Texas
It,ie teen nom,-vn Pgo,cedong lease 4bl ngei to the prp iUe {n lrrnrA~nra' Jfh p ag'gg. r. t1 ll.n-
ordinary wear and tear, damage by nature elements and by circumstances over which th neerrr t as no
control, excepted) or (2) make an equitable adjustment in the lease amo 1"tI ost of such restoration of the
premises or the diminution of the value of the premises' rae w chever is less. Should a mutually acceptable
settlement be made here under, the nter into a supplemental agreement hereto effecting such agreement.
Failure to a ee arsatr equitable adjustment shall be a dispute concerning a question of fact within the meaning
Lease which is not disposed of by agreement shall be decided by the Contracting Officer who sh ce his
decision to writing and mail or otherwise furnish a copy thereof to the Lessor. The deci the Contracting
Officer shall be final and conclusive unless within 30 days from the date of rece' such copy, the Lessor mails
or otherwise furnishes to the Contracting Officer a written appeal ssed to the Secretary, Department of
Transportation. The decision of the Secretary or his duly zed representative for the determination of such
appeals shall be final and conclusive unless determ a court of competent jurisdiction to have been fraudulent,
or capricious, or arbitrary; or so grossl eous as necessarily to Imply bad faith, or not supported by substantial
evidence. In connection wit appeal proceeding under this clause, the Lessor shall be afforded an opportunity
to be heard and t evidence in support of its appeal. Pending final decision of a dispute hereunder, the Lessor
shall pr i3igently with the performance of the Lease and in accordance with the Contracting Officer's
in paragraph (a) above; PROVIDE!', That nothing rg mate decision of any
7, No Member of Congress or Resident Commissioner shall be admitted to any share or part of this lease,
or to any benefit to arise therefrom.
8. The Lessor warrants that no person or selling agency has been employed or retained to solicit or secure this
lease upon an agreement or understanding for a commission, brokerage, percentage or contingent fee, except bona
fide employees or bona fide established commercial or selling agencies maintained by the Lessor rot the purpose of
securing business. For breach or violation of this warranty, the Government shall have the right to annul this
least without liability, or in Its discretion to deduct from amounts otherwise due under this lease or other considera•
tion, the full amount of such commission, brokerage, percentage, or contingent fee.
9. All notices sent to the parties under the lease shall be addressed as follows:
To the Lessor: City of Denton, Texas, Office of City Managers Municipal Bldg.s
Denton, Texas, 76201
TothaGovernmenu Federal Aviation Administration, SW Region, P. 0. Box 1689,
Fort Worths Texas, 76101,
FAA FORM 4423.2 Pg. 3 •16) Supersedes Previous Edition
A
Lease No.: DOT-FA78SW-1011
Outer Harker Site - RN-17
Denton, Teras
10. Ilis lease is subject to the addition provisions set forth below, or attached hereto and incorporated herein.
'these additional provisions are identified as follows:
Articles 11, 12, and 13 follow the signatory page.
I
it
IN WITNESI WHEXEOF,the parties hereto have hereunto s::bscribed their names as of the date first above
written,
CITY OF DENTON, TEXAS
As the holder of a mortgage, dated _
recorded In fiber By.5. (Lessor)
, pages .
against the above-described premises, the undersigned TLtle-r.C..- M1ON
hereby consents to the foregoing lease and agrees _
that, if while the lease Is In force the mortgage is _ (Lessor)
foreclosed, the foreclosure shall not void the lease.
(Lessor)
_ (Lessor)
l WortgageeJ
THE UNITED STATEI DF AMERICA
A
.
By;..... e~~~~i~t!.try
E N, BIM
TW4 ...irantmetinvofJFiep-r
FAA FORM 4423.2 Pg. 4 (8.76) Supersedes Previous Edition
Lease No. DOT-FA786W-1011
Outer Marker Site - RB-17
Denton, Texas
11. FMrTC rrsm si11IT.IT7 CL1SS I - II FACILITIES
The airport owner agrees that any relocation, or replacement,
or modification of any Federal Aviation Administration Class I or
II fncility, or components thereof, as defined below, covered by
this contract during its ter-1 or any renewal thereof made necessary
by airport improvcmentc or changes which i-ipair or interrupt the
technical and/or operational characteristics of the facilities will
be at the expense of the airport owner; except, when such improvcmeista
or changes are code at the specific request of the Coverr=cnt. In
the event such relocations, repl,7ccr-ants or codifications are
necessitated due to causes not attributable to either the airport
owner or the Coverrinent, funding responsibility shall be determined
by the Covernment.
CIASS I FACILITIES
Remote Transmitter/Receiver (Tower) Visual Landing Aids
Airport Traffic Control Tower Direction Finding Equipment
Airport Sutveillnncc Radar VOR, TVOR & VORTAC
Airport Surface Ditection Equipment (Instrument Approach)
Precision Approach Radar Weather Observing & Measuring Equip.
ILS and Components (cwncd & operated by FAA)
ALS and Components Central Standby Power Plant
CU:S II FACILTiIES
Long Runge Radar VOR and VORTAC (en route only)
Air Route Traffic Control Centers Flight Service Station
Porlpherala (nemote Control Remote Cormunications Outlet
Air-Cround Co=unication Facility) Limited Remote Ca=unications Outlet
Othor an route facilities
\ 1 ,
Lease No. WT-TAISSN-1011
Outer Maurer Site - RW-17
Denton, Texas
12. KON-RES1ORAJ1ONs
it is hereby agreed between the parties that upon the termination of
its occupancy, the Government shall have no obligation to restore and/or
rehabilitate, either wholly or partially, the property which is the subject
matter of this lease other than to orderly remove its equipment therefrom.
It is further agreed that the Government my abandon in place any or all
of the structures and equipment installeA. in or located upon said property.
Notice of abandonment will be conveyed to the Lessor Idvriting.
13. ADDITIONS AND DELETIONEi
In the preamble the words "heirs, executors, adutnistrators," were
deleted, in Articla 2 the portion beginning AND PROVID3D FURTHER" and
ending "of rentals," is deleted. In Article 3 the portions "in the amount
of", "for the term set forth in Article 1 above, and" end beginning "per
for" and ending "or vouchers." were deleted, Articles 51 6.(a) and
6.(b) were deleted. Articles 11, 12, and 13 were added hereto and made a
part hereof prior to the signature of either party to this lease.
Lease No. DOT-FA766W-1011
Outer Marker Site - R14-17
Denton# Texas
CORP0RATL CERTIFICATE
1 6,1~ certify that I am the _
Sectetary of the Corporattton named as Lessor in the foregoing agreement;
that I i:k Q 4. . who signed said agreement on behalf of the
corpurationo was , 1L_< r'kW A thoreofl that said agreement was {
duly signed for and In behalf of said oorptratton by authority of its governing
Mdy$ and U within the scope of its corporate powers,
Dated this day of '`~t_„ 19r7~
_ - 74200 GANZER RD 74189
-POWER LINE
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-739.98
60.
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MAY BARBARA DIXON
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APPLICATION FOR THE CUSTODY OF CITY OF DENTON
FUNDS FOR THE TWO YEARS BEGINNING
OCTOBER 1, 1977 THROUGH SEPTEMBER 30, 1979
1. We will act as paying agent for all outstanding and future
bonds without charge.
2. No charge will be made for overdrafts.
3. We will provide monthly statements reflecting last day of
month balances for all accounts. This service will be pro- .
vided without charge.
4. We will furnish all city checks printed in accordance with
the city's specifications without charge. The city writes
approximately 15,000. checks a year.
5. We will provide one safe deposit box without charge.
6. All accounts we maintain for the city will be free of ser-
vice c*aarges. The city maintains approximately fifteen (15)
demand accounts.
7. We ag:ee to co•ht all pp.rking meter coins collected by the
city without c.iarge. The city collects approximately $500.00
worth of coins monthly.
8. We will furnish coin wrappers without charge. The city uses
approximately one hundred (100) wrappers a year.
9. We agree to furnish daily bank messenger service without
charge.
10. We will furnish depository bags to the city without charge.
The city uses approximately eight (8) bags.
11. We will pledge approved securities as required in Vernon's
Civil Statute s Article 2560 to cover all funds deposited
with us by the city, as determined and requested by said city.
12• The city will have the right to invest funds in each local saV-
ings and loan institutions up to a maximum amount of $100,000.00.
• 13. We a free to comply with all statutory provisions contained
within the terms of Article 2559 et seq. V.C.S. as amended
concerning city depositories.
I
4 4'.' 'The rate of interest to be charged by the bank for warrants
issued by the city and not to exceed two (2) years shall be
0% -percent.
15. The bank will handle all foreign and domestic exchange for
the city without charge.
16. The bank agrees to furnish without charge Travelers' and
Ca'shiers' Checks.
17. The city will be furnished wire transfer service to any
point in the United States without charge.
18. Loans will be made by the bank to the city within the limits
prescribed by law, such loans shall be at the interest rate
of 47, percent for loans up to $500,000.00; over
$500,000.00 Me rate of interest shall be subject to nego-
tiation. Loans are to be direct indebtedness of the city to
be made wichin each fiscal year of the city. This is not in-
tended for long-term indebtedness.
19. We will pay the following rates of interest on certificates
of deposit and time deposits as may be lawful under any Act
of Congress of the United States and any tole or regulation
that may be promulgated by the Board of Directors of the
Federal Deposit Insurance Corporation.
Time Deposits and Certificates of Deposit in amounts more
than $100,000.00.
A; 30 days to 179 days 7.5% percent
B. 180 days, but less than 1 year _percent
C. 1 year or longer 8..% percent
D. 2 years ~£3°l-ercent
Time Deposits and Certifica~es of Deposit in amounts 'of less
than $100,000.00 but not less than $10,000.00.
A. Regular Savings Accounts 5_%____ -Percent
B. 30 to 90 days `6.757. percent
C. 91 to 179 days ~~~P ercent
D. 180 days, but less than 1 year 7.5ercent
E. 1 year or longer 7.75% percent
R, 2 years * -7 , percent
NOTE: All interest to be compounded daily and paid quarterly.
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46
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~t A 1 a•( L[1CA'rr itr 'I Cw[Cr17 aNnOVIC
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
SOUTHWEST REGION FORT WORTH TEXAS
ILS & MALSR
LICENSE REQUIREMENTS FOR
INSTALLATION OF FAA FACILITIES
EXHIBIT "A"
TEXAS
D E N TO N (Municipal Airport }
Sul wit rl Dr if a
ASW-
IC OF TI SW4i OF BRAN A - REV
a1sKO 8G8 suro Ir o - 4 -77 ESR.
AIRWAY FACILITIES olavir/ e.
bd/JLL SW SW-DD-8983-IA
C o tCU~At~Ir DIVISION
•YYw -
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wyT~Mhf~,a+!'91q~•wWw...aa..«^+ns
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THE CCMPANY 155U,N; TH4y 06N0 Iti INDit At[0
,Commercial Union Assurance Companies, THE f1L5T LErrER IN THE BOY) N:u,1BER AS P 6v
1 Ot lOW9
C COMMERCIAL UNION INSURANCE CQVPANY
CONTINUATION CERTIFICATE A AMERICAN EXIP:0I JRS INSURANCE (C%-ANY THE EMPL YEAS FIRE INSURANCE 311
+1/ E N•-THE NOR' ERN ASSURANCE C MEJ7A
OBLrGEE V1IV OF UtNTCN I' BRANCh 0j
BOND
DES~.RIPTION S10N 6ONU
_
BOND NUMBER AGENT NO I EFFECTI4E DATE 1EFM EXPIRATION DATE BOND AMOUNT PREMIUM COMM '1.
Ac 71LUZ9i 4Gd5287 1U-1a-77 J1 1161-ld-f3U 19000 i0
AGENT S NAME AND ADDRESS PRINCIPALS NAME AND ADDRESS
SVUR(a1N bcN 1NS AUY 1 rJ F IIMAtRr1AN L SONS 111
DALLAS 9t1 31 N 1NUU~TRIAL bLVD
ItXAS OALLAJ TtXAS 15207
dEOtt XE
L i L J
GW853 OBLIGEE (SEE REVERSE SIDE FOR CONTINUATION CERTIFICATE)
THE THA111,116 INPF\1NVrY COMPANY
IIi0ird, Connecticut
t'Imtinu;,liIII Certificate i
Ill, TI-m tins kIlunnll} Uongl,ul~% ihcil ili dlut culled tho sutct~). ill umsidorntion of thT pucnuvlt Of tho Iu-cmium of
Txen tY end_ No/100--- -~-lr,lfli.t~ 20.00---
, hIvlvk-cotuihhls nI force its
IXInd ol1II11X-ILll 1 560 590 _ua fA•holff1l Kinderfoto International -InQ.
Charlotte, -North Carolina- uI fhc„r II City- of Denton, Texas '
I'IIr thD eNlcnded IVI-it4l, fAry;inailig ua tho 0a}' of -October 1!t_7_T 111r11 (,rtding on thr 10th
day 111' _ --October-, - 151-H, subject to ON, !fans. Ce3ldltIINIs and li alt al kills of Said 18,10.
'I'llis clilt inuhllon certificulE is csechtcd upon tic _xpwss condition ,hut the Shelly's lioldit" Tinder said 1N1nd, to;edwr
oit6 This and all llrehions e11I1t111halion Cerlific;des shall not IX• CarallatiCe mu! shall in nu PcO1t 'WCed the amount npceificall}
sot 1'Ilrlth in said INR1d or 11i1y e\istin ; certil'k•Idc ehan>;ilig tiLC nlnlNUt Of said I11(41d,
siy;IU•d, sealed and dated Ibis.. OctoheT 1517_7
KINDERFOT T A NC.
BY s _ v - - -
rin !
III; " ?LERS IX11 ITY C01SI'ANN'
;tiff,-irn~v-ir.•f'nf
Nancy E. Tippett
9 -666 REV. 7-E7 PAINTED IN 11 .6. A.
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TAX ROLL OF REAL ESTATE AND PERSONAL PROPERTY IN 7
C RENDERED FOR TAXATIM
City Tax Rate: $1,24 pei
Accounts Tax.. Value
C
1,503 $ 497,742,37 $ 4001400
G 12$86 223,980.64 189062,
13,933 2,642,883.42 213,135,
279822 $ 323642606.43 $ 2719339,
C
44 We, David Fitch, Garland Cates, Bil
Board of Equalization for the year
In testimony hereof, witness our h,
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•
•
•
•
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CORPORATE LIMITS OF THE CITY OF DENTON, TEXAS
FOR THE YEAR 1977 .
$100. Valuation
•
tion
514. Business Personal Property after Veteran's Exemption
of $1,500.
955. Personal Property efter Veteran's Exemption of $10,380.
760 Real Estate Property after Homestead and Veteran Exemptions
229. of $9,089,440. (All Assessed Values)
Brady and Raymond Pitts (alternate), members of the
1977, having examined the within tax toll, find the same correct. f~-
a
nds this the day of 1977.
David Fitch
Garland Cates
Bill Brady
Raymond Pi s, alternate
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A46--WARRANTY DEED-WhbC Mudd +pon' twe AcknowkdRmmu f1ARtIN 54 ta,D
THE STATE OF TEXAS,
Know All Man By These Presents:
County of...... ENTON
DEED RECOREM
That H. L. WHITWORTH AND WIFE, MELBA WHITWORTH
25U6
of the County of Denton , State of Texas for and in consideration of
the sum of
ONE HUNDRED & N01100 ($100.00)--------------- DOLLARS,
to us in hand paid by the City of Denton, Texas, a Municipal
Corporation
have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto the said
City of Denton, Texas, a Municipal Corporation
of the County of Denton , State of Texas all that certain
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 J, Carter Sur-
vey, Abstract No. 268, and also being part of a tract of land conveyed
from H, L. Whitworth and wife, Melba A. Whitworth by deed dated June
11, 1999 and recorded in Volume 447, Page 328 of the Deed Records of
Denton County, Texas and more particularly described as follows:
BEGINNING at the southwest corner of said tract same being the inter-
section of the east right of way line of State Highway No. 10 (Sherman
Drive) with the north right of way line of Liveoak Streetf
THENCE north 200 511 east along the west boundary line of said tract
same being the eyst :fight of way line of State Highway No. 10 (Sherman
Drive) a distance of i0 feet to a point for a corner
THENCE south 340 041 30a east a distance of 11.49 feet to a point in
the south boundary line of said tract same being the north right of
way line of Liveoak Street for a corners
THENCE north 890 west along the south boundary line of said tract same
being the north boundary line of Liveoak Street a distance of 10 feet
to the place of beginning and containing 47,03 square feet of land, more
or less.
860 VAGE 55
1 , 1
I
I
860 YALE 56
TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights and
appurtenances thereto in anywise belonging unto the said City of Denton, Texas, a Municipal
Corporation, its successors
kah and assigns forever; and we do hereby bind ourselves, our
beh executors and administrators, to Warrant and Forever Defend all and singular the said premises unto the
said City of Denton, Texas, a Municipal Corporation, its successors
Un and assigns, against every person wboms vet lawfully dalming, or to claim the same, or any part
thereof.
Witness ourband at Denton, Texas this 21st ydayof
October, 1 A.D. t9 77
Witnesses at Request of Grantor: ,W"&
»........M / !I.
H. L, WHITWORTH
» . » MELBA WHITWORTfi
y 1
ACKNOWIEDGMENT
THE STATE OF TEXAS,
BEFORE ME, the undersigned authority,
COUN'T'Y
In and for said County. Tess, on this day personally appeared._.._.........._
Ha._I!.a. WEiITp~OR~Fl..,AH.A_.W~F .a...MELBA._WHITWORM._......_.._........_..____ _
known to me to be the person.-A......_wbose name S _.d TO...__subscn'bed to the foregoing Instrument, and acknowledged to me that
. __Ae,Y_ ,rtsW Ohbe same for the purposes and consideration therein expressed.
C,'$fAND AND SEAL OF OFFICE, Thb..._219 t of_0 c t o b e r.._._____..., A.D. 19_77.
2 Z~fL S.) : P
_ ~.s : • Denton
Public„ _ ._..._......_.__Covnty, Tenn
Notary
3 . My CommLss,on Expires June........30.._.............
l9._~.s
•.r .r
„NACKNOWLEDGMENT
THE STATE OF TEXAS, BEFORE ME, the undersigned authority,
COUNTY OF_._.....
In and for sald County, Texas, on this day personally appeared. known to me to be the person._..._..wbose to the foregoing !nstrumeat, and scicaowledged to me that
..._.._.he~e:ecuted the come for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICZ, A.D. 19_._._._
(L S.)
Notary Publfr~._ ___..County, Tens
My Commission Expires jump
CORPORATION ACKNOWLEDGMENT
THE STATE OF TEXAS, BEFORE ME, the undersigned authority,
COUNTY
in and for said County, Texas, on this day personally appetred.._..............__._..............._..._ »
,~...._._..._.W._._.._._ known to me to be the person and omeer
whose name is subscribed to the foregoing Instrument and acknowledged to me thu the same was the act of the said.
a corporadon, and that he executed the same s, the act of such corporation for the purposes and consideration therein expressed, and ha
the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day ol..._._......... , A.D. I9......_...
(LS.) -
Notary Public...... Tres
My Commission Expires June 19._
THE STATE OF TEXAS,
COUNTY
County Clark of the County Court of slid County, do hereby certafy that the foregoing Instrument of a:ldng dated on
day of_ ~ - A.D. 19...._.., with Its Certificate of Autheatlatios, vu filed for record in my office
on the._.,.._..._....day AM. f9_... at......._._....o'clock..._.».._._M, and was dub- recorded th4.........._
day A.D. t9. at................ o'clock-_._. rMy In the Records of said County, In Vol.
nme on pages....._.....».........._.......... _
WITNESS my head and seal of the County Court of said County, at my office In..._.._.»..___»_.......
_ __tbe day and year tut above written.
Clerk County Court _..__.__County, Tens
(L S.) BY.,...._........... W.... Deputy.
1
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p o o x
OH ou a iz y
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ow 5
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roof AQ uraiay paOUtF a staal 'llunn uoluau to
tpfoatf paww 841 I, OVA put ewelan egl ul pIp107
wf Alnp SIM put tui Aq voamg p4dwela ewq pot alep
tyl uo paliA seM lownqsm sigl lcgl 4ppo Agaray 1
teal •pumr3 uolva0 V313 APOW
NORM JO AMM tvxu AQ llvif
,
APPLICATION FOR THE CUSTODY OF CITY OF DENTON
FUNDS FOR THE TWO YEARS BEGINNING
OCTOBER 1, 1977 THROUGH SEPTEMBER 30, 1979
1. We will act as paying agent for all outstanding and future
bonds without charge.
2. No charge will be made for overdrafts.
3. We will provide monthly statements reflecting last day of
month balances for all accounts. This service.will be pro-
vided without charge.
4. We will furnish all city checks printed in accordance with
the city's specifications without charge. The city writes
approximately 15,000 checks a year.
5. We will provide one safe deposit box without charge.
5. All accounts we maintain for the city will be free of ser-
vice charges. The city maintains approximately fifteen (15)
demand accounts.
7. We agree to count all parking meter coins collected by the
city without charge.. The city collects approximately $500.00
worth of coins monthly.
8. We will furnish coin wrappers without charge. The city uses
approximately one hundred (100) wrappers a year.
9. We agree to furnish daily bank messenger service without
charge.
10. We will furnish depository bags to the city without charge.
The city uses approximately eight (8) bags.
11. We will pledge approved securities as required in Vernon's
Civil Statute s Article 2560 to cover all funds deposited
with us by the city, as determined and requested by said city.
12.1 The city will-have the right to invest funds in each local sav-
ings and loan institutions up to a maximum amount of $100,000.00.
13. We agree to comply with all statutory provisions contained
within the terms of Article 2559 et seq. V.C.S. as amended
concerning city depositories.
14. The rate of interest to be charged by the bank for warrants
issued by the city and not to exceed two (2) years shall be
percent.
15. The bank will handle all foreign and domestic exchange for
the city without charge.
16. The bank agrees to furnish without charge.Travelers' and
Cashiers' Checks.
17. The city will be furnished wire transfer service to any
point in the United States without charge.
18. Loans will be made by the bank to the city within the limits
prescribed by law, such loans shall be at the interest rate
of percent for loans up to $500,000.00; over
$500-,-9W.0U-tF-e rate of interest shall be subject to nego-
tiation. Loans are to be direct indebtedness of the city to
be made within each fiscal year of the city. This is not in-
tended for long-term indebtedness.
19. We will pay the following rates of interest on certificates
of deposit and time deposits as may Le lawful under any Act
of Congress of the United States and any rule or regulation
that may be promulgated by the Board of Directors of the
Federal Deposit Insurance Corporation.
Time Deposits and Certificates of Deposit in amounts %ore
than $100,00D.00.
A. ,30 days to 179 days percent
B. 180 days, but less than 1 year percent
C. 1 year or longer ercent
D. 2 years percent
Time Deposits and Certificates of Deposit in amounts of less
than $100,000.00 but not less than $10,000.00.
A. Regular Savings Accounts percent
B.• 30 to 90 days percent
C. 91 to 179 days percent
D. 180 days, but less than 1 year percent
E. 1 year or longer percent
F. 2 years percent
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LICENSE ANWOR PERMIT BOND
KNOW ALL MEN BY THESE PRESENTS:
That D2Pnton Construction Company, P. 0. Box 15260 Den- _ ton`Texas
as Principal, end
`United States Fire Insurance Compan1r__
- as Surety, are held and firmly bound
City of Denton, Texas
" - as Obligee, in the full and just sum
of ne Thousand and No/100
--O----- - Dollars 1 000.00
lawful money of the United States, to the payment of which sum, well and truly to be maJe, the Principal and Surety bind themselves, their
and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmfy by these presents,
WHE REAS, the above bounden Principal has obtained or is about to obtain from the said Obligee a
Curb and Gutter Construction
the term of which is es indicated -Lkenu or Permit,
opposite the block checked below.
Beginning
II----It - and endirq
iyf continuous, beginning November 3, 1977
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION b SUCH. That if she above bounden rrlnctpat as such Lcensee or per-
mittee shall indemnify said Obligee against all loss, costs, exps ises or r smage to it caused by said Principal's noncompliance with or breach
of any laws, statutes, ordinances, rules or regulations pertaining to su :h license or permit issued to the Principal, which said breach or non-
compliance shall occur during the term of this bond, then this obligation shalt be void, otherwise to remain In full force and effect.
PROVIDED, that if this bo.~d is for a fixed farm it may be continued by Certificate exe,:eted by I" Surety hereor; and
PROVIDED FURTHER, that regardless of the number of years this bond shall continue or x continued In force and of the number of pre,
miums that shall be payable or paid, the Surety shall not be fiab!e hereunder for a ra Vr amount, in the aggregate, than the amount of this
bond; and
PROVIDED FURTHER, that if this is a continuous bond and the Surety short to elect, this bond may be cancelled by the Surety n ra tub.
Sequent liability by givlnq thirty [301 days notice in writing to said Obfigee.
Signed, sealed and dated October 6, 1977
Denton <:onstruatfon Comp3nY____-
(Principal? Iti.11
IWitnets) D
~ -STitle
Unit totes a Insurance Company
Isursryl
By
JI -C t1Cer Attorneydn-Fact
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AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON,
TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 25TH
DAY OF OCTOBER, A. D. 1977.
R E S O L U T I O N
WHEREAS, the City of Denton desires to establish the positions
within the Denton Police Department; and
WHEREAS, this is necessary pursuant to the Texas Civil Service
Act, Artizle 1269m;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DENTON, TEXAS:
That there be established the following positions within the
Denton Police Department:
1 Chief
1 Assistant Chief
2 Captains
6 Lieutenants
5 Sergeants
46 Patrol Persons
PASSED and APPROVED this the 25th day of October, A. D. 1977.
SL= HUGAE
CITY OF DENTON, TEXAS
ATTEST:
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
FAUL U. "1 , UITY 71EY'
CITY OF DENTON, TEXAS
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.307 -71 -1
NO. 19 -55
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 APPLIES
TO LOT NO. 11, BLOCK NO. 332, AS SHOWN THIS DATE ON THE OFFICIAL TAX
1 MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED
THEREIN; 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, Texaul under provisions of ordinance No. 69-10
be, and the same is he.•.eby amended as follows:
All the hereinafter described property is hereby removed
from the Multi-Family (MF-1) District as shown on said
Zoning Map, and all provisions of Ordinance No. 69-10
adopted the 14th day of January, 1969, as amended, shall
hereafter apply to said property as Planned Development
(PD) District in the same manner as other property
located in the Planned Development (PD) District;
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 Lot 11, Block 332 and being approximately
3.87 acres located adjacent to 420 South Carroll Boulevard
of which 3.27 acres are intended to be used as combination
office and multi-family and remaining .6 acre developed as
limited retail in the City of Denton, Texas.
SECTION II.
That this ordinance is adopted with the following conditions:
(a) Office use will not occupy more than fifty (508) percent
of that 3.3 acre tract designated for combination of
multi-family and office use. The zoning requirements,
including setbacks and parking in the Office (0) and
Multi-Family (MF-1) zones, will apply to the development
proposal.
(b) The limited retail area shall be for Neighborhood Service
retail uses with the exception of off-site sales of beer
and wine and gas sales in conjunction with convenience
store. Gas islands will observe building setbacks.
(c) Curb openings shall be limited to three, with two of the
cute corresponding as much as possible with Prairie and
Stroud Streets.
(d) There shall be a single detached sign for the office
development and a single detached sign for the retail
development, the size and location of which shall be
determined by the final plan.
(e) The builders shall provide adequate access for pedestrians.
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SECTION III.
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 distri•t and for its peculiar suitability
or particular uses, and with a .•tew 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 IV.
That this ordinance shall be in full fc.rce 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 25th day of October, A. D. 1977.
ELINOR MAWNP
CITY OF DENTON, TEXAS
ATTESTS
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WARY
CIT OF DENTON, TEXAS
APPROVED AS TO LEGAL FORMS
PAUL C. I
CITY OF DENTON, TEXAS
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NO. 777
AN O"INANCE AMENDING CERTAIN PROVISIONS OF CHAPTER 251 ARTICLE II
BLECTRIC SERVICE BY AMENDING SECTIONS 23 AND 24) REPEALING SECTIONS
25, 119, 1210 AND 122 OF ARTICLE VII, CHAPTER 251 PROVIDING A SEVER-
ABILITY CLAUSE AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
PART I.
That the below designated portions of Chapter 25, Article II
"Electric Service" of the Code of Ordinances of the City of Denton,
Texas are hereby amended and changed to read as follows:
SECTION 25-23 - FURNISHING OF ELECTRIC SERVICE
(a) The edition of the National Electrical Code as adopted
by the City Council shall be tra minimum. requirements permitted
and shall rule where the Code of Ordinances of the City of Denton
is silent.
(b) The service entrance, supply voltage, and metering loca-
tion shall be established by the Director of Utilities prior to
issuing a building permit.
(c) The meter socket or base (and current transformers if
required) will be furnished by the City of Denton and installed
and maintained by the owner. The owner may furnish the meter socket
or base, but the design and type shall be subject to the approval of
the Director of Utilities or his designated representative.
(d) Under round Services
(1) Underground services shall be installed in conduit.
(2) The owner shall furnish and install all secondary
service.
(3) The owner shall furnish, install, and maintain all
conduit for secondary voltage service conductors
except that portion required within ten (101) feet
of an accessible energized primary source.
(4) The owner shall furnish satisfactory easements
where transformers and/or primary voltage equipment
is required to be installed on the owner's property.
(e) Temporary Services
Temporary service shall be made available at the utility's
nearest available supply. If the supply is an underground distri-
bution system, service shall be at a point within ten (101) feet of
the transformer location. The contractor shall be responsible for
furnishing and installing a temporary service metering pole and for
extending secondaries to his site of work. If supply is an overhead
distribution system, all cost to install and/or remove material ex-
cept low voltage service conductors which does not become a part of
the permanent service shall be paid by the contractor.
In addition, the contractor shall pay a Fifteen ($15.00) Dollar
service charge in advance for each temporary service connection.
SECTION 25-24 - STREET LIGHTING SERVICES
(a) To protect the public welfare and in keeping with accepted
practices of street illumination standards, the City of Denton shall
install street lighting on dedicated street right-of-way in all new
subdivisions, planned developments, etc, where streets are accepted
for public use. The number, type, and location shall be established
by the Director of Utilities E-ior to final approval of the plat.
(b) The owner shall provide satisfactory easements for the con-
struction and maintenance of the facilities to be installed and pay
for each street light to be installed. The City of Denton will in-
voice the owner and the owner shall pay the invoiced amount prior to
the construction of the facilities. The invoiced amount shall be
the average current cost to install similiar street lighting facilities.
(c) In the event that the street is designated as an arterial or
thoroughfare and requires a higher level of illumination than that
normally used for streets, the City will bear the cost above the
average current cost.
(d) The average current cost is defined as the cost per street
light of the type to be installed determined semi-annually by the
Public utility Board of the City of Denton based on the actual con-
struction costs of street lighting standards, considering all ap-
purtenances thereto and needed therefore, during a six (6) months
period ending two (2) months prior to the determination,
PART II_
That Chapter 250, Article II "Electric Service", Section 25-25 of
the Code of Ordinances of the City of Denton, Texas is hereby repealed.
PART III.
That the below designated portions of Chapter 258 Article VII
"Underground Utilities" of the Code of Ordinances of the City of
Denton, Texas are hereby repealed.
Section 25-9 - SANDING MACHINES
Section 25-119 - LOW VOLTAGE INSTALLATIONS
Section 25-121 - RESIDENTIAL MAIN SWITCHES
Section 25-122 - UNDERGROUND STREET LIGHTING
PART IV.
That if any section, subsection$ paragraph, sentence, clause,
phrase or word in this ordinance, or application thereof to any per-
son o,, circumastanaes is held invalid by any court of competent juris-
diction, such holding shall not affect the validity of the remaining
portions of this ordinance, and the City Council of the City of Denton,
Texas, hereby declares it would have enacted such remaining portions
despite any such invalidity.
PART V.
That this ordinance shall be-ome effective 6ourteen (14) days
from the date of its passage, and the City Secretary is hereby directed
to cause the caption of this ordinance to be published twice in the
Denton Record-Chronicle, the official newspaper of the City of Denton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED This the f< day of O(11"D/g~jQ , 19770
ATTESTi
M/00&MF0MLT6_T11TY SECRETART'
APPROVED AS TO LEGAL FOP14s
, CITY ATTORNEY
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AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON,
TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THA 4TH
DAY OF OCTOBER, A. D. 1977.
R E S 0 L U T I O N
WHEREAS, the Texas Department of Community Affairs has sub-
mitted a contract for programs under the Intergovermental Person-
nel Act to the City of Denton; and
WHEREAS, the Texas Department of Community Affairs has issued
an offer and contract which, if duly accepted, provides a commit-
ment of $7,500,00 in funds for personnel training activities specified
therein; and
WHEREAS, it is determined to be in the interest of the City of
Denton, Texas to accept this offer and contract.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DENTON, TEXAS:
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 APPROVED this the 4th day of October, A. D. 1977.
&!~;~~NkY UK
CITY OF DENTON, TEXAS
ATTEST:
A
BgfflQ*S HOLT, MY MR=
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
• , Z'T9'4MTORNEY
FAUL G, CITY OF DEN'ION, TEXAS
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AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON,
TFXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 4TH
DAY OF OCTOBER, A.D. 1977.
R E S O L U T I O N
WHEREAS, Article VIII, Section 1-b of the Texas Constitution
provides that political subdivisions of the State may exempt from
ad valorem taxes, not less than Three Thousand Dollars ($3,000.00)
of the assessed taxable value of resident homesteads of persons
sixty-five (65) years of age or olden and
WHEREAS, by Resolution dated January 16, 1973, the City
Council approved an exemption of Three Thousand Dollars ($30000.00)
and by Resolution dated June 71 1977, the City Council approved
an exemption of Four Thousand Five Hundred ($4,500.00) Dollars)
and
WHEREAS, the City Council of the City of Denton raised the
percentage used to determine the assessed taxable value of resi-
dential property in the City of Denton and the City Council desires
to prevent taxes paid by the elderly from rising.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DENTON& TEXAS!
That pursuant to Article VIII, Section 1-b, of the Texas
Constitution, the exemption for resident homesteads is raised from
Four Thousand Five Hundred Dollars ($4,500.00) tc ^ix Thousand
($6,000.00) Dollars of the assessed taxable value of resident home-
steads of persons of sixty-five (65) years of age or older, and
such value shall be exempt from City Ad Valorem Taxes when taxes
are levied for the year 1977, and all subsoequent levies.
That this Resolution shall ba effective immediately after
its passage.
PASSED and APPROVED this the 4th day of October, A.D. 1977.
L4 -
ELINOR i MQFQR
CITY OF DENTON, TEXAS
,
ATTEST:
0 T, A
CIT OF DENTON, TEXAS
APPPPRROO'V~EDDArA: TO LEGAL FORM:
PAUL C.'YSHAMtj CITY
CITY OF DENTON, TEXAS
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the town of FLOWER b1OUND - P.O. Box 429 - Lewisville. Texas 75067 - phone 214-436-7511
Tlomvr htOun4
October 6, 1977
Dick R. Huck, Director
Parks and Recreation
City of Denton
Municipal Building
Denton, Texas 76201
Dear Dick:
Enclosed Is your copy of the agreement between the Town of Flower Mound
and City of Denton for swim coach services.
As we discussed, the additional memo concerning section four (4) is
attached. The Town of Flower Mound's Mayor has signed the contract
based on the conditions of the memorandum.
Flower Mound has employed the present swim coach since September 1, 1977.
As per last year's agreement and the commencing of the enclosed agreement,
we will took forward to reimbursement for swim coach services from the
City of Denton for September and October 1977•
If I can be of further assistance, please contact me. 1 will took forward
to seeing you at the TRAPS conference In November.
Sincerely, j
~t,C-4~i 0 C:ct~,CC.~/ I
Diane Cutcher,
Activities Director
Town of Flower Mound
R ~E IV ED
P a 11 OFFICE
7
DATEA
the town of FLOWER MOUND - P.O. Box 429 - Lewisville, Texas 75067 - phone 214•<36.7511
`FlowerN ound
MEMORANDUM
The Town of Flower Mound agrees to this contract with partial deletion
of section four (4). The swim coach is a special service employed as
contract labor and therefore the town is not responsible for social
security, withholding, insurance and workmen's compensation benefits
or coverages. This should not alter any other portion of this agree-
ment as signed by official representatives of the Town and Flower Mound
and the City of Denton.
I
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THE STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON X
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That BOB HANKINS AND JOE BELEW of Denton County, Texas, in
consideration of the sum of Oise Dollar 0$1.00) and other good and
valuable consideration in hand paid by the City of Denton, receipt
of which is hereby acknowledged, dc, by these presen's grant, bar-
gain, sell and convey unto the City of Denton, Texas,the free and
uninterrupted use, liberty and privilege of the passags in, alor:g,
upon and across thi follow4ng described property owned ))y them Find
being situated in the County of Denton, State of Texas and more
particularly described as follows;
All that certain lot, tract or parcel of land lying and being situ-
ated in the City and County of Denton, State of Texas, and being
part of the N.H.Meisenheimer Survey, Abstract No. 811 and being
part of Lot No. 1, Plock 1 of the Sherwood Forest Addition an addi-
tion to the city and County of Denton, and also being part of a
tract of land e.a conveyed from Robert Pierce Construction Company
to Bob Hankins and Joe Belew by deed dated March 15, 1977, and
recordid in volume 628, Page 258 of the Deed Records of Denton
County, Texas, and more particularly described as follows:
TRACT 1:
COMMENCING at the northeast corner of said tract, said point lying
in the west right of way line of Bell Avenue)
THENCE south l0 49' 34" east along the east boundary line of said
tract same being the west right of way line of Bell Avenue a dis-
tance 6f 89.05 feet for the point of beginning;
THENCE south 10 49' 34" east continuing along said line a distance
of 16,01 feet to a point for a corner;
THENCE west a distance of 57.85 feet to a point for a corner;
THENCE north a distance of 16 feet to a point for a corner;
THENCE east a distance of 57.34 feet to the place of beginning and
containing 921.81 square feet of land, more or less.
TRACT 21
COMMENCING at the northeast co nor of said.traotl
'THENCE south 10 49' 34" east along the east boundary line of said
tract same being tie west right of way line, of Bell Avenue a dis-
Wee' of 255.97 feet for the Lo;fnt of beginning i
111441EtiCE south 10 49' 34" east continuing along said lira adistance
:,6f 16 feet to a point for a cornert
TiMcE west a distance of 63.17' feet to a point for a corner;
r.. 1'Hi;Ndt north a distance of 16 feet to a point for a corner;
THENCE east a distance of, 62.66 feet to the place of beginning and
' ~;r+tdining 1006095 squero feet' of land, afore of leas.
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 utilities, in, along, upon and
across said premises, with the right and privilege at all times
of the grantee herein, his or its agents, employees, workmen and
representatives having ingress, egress, and regress in, along, upon
and across said premises for the purpose of making additions to,
improvements on and repairs to the said public utilities or any
part thereof.
TO HAVE AND TO HOLD unto the said City of Denton as aforesaid
for the purposes aforesaid the premises above described.
WITNESS our hand this the days of ,
1977.
z 1
BOB HANKINS
,r : JOE"B iE
"
,a 'THE STATE OF TEXAS L
COUN. Y OF DENTON X
f BEFORE ME, the Lndersigned authority, iA aAd for said County,
moxas, on this clay personally appeared BOB HANKINS AND JOE BELEW
~ppwn to me to be the persons whose names are subscribed to the
46#goiAg instrument, ant's acknowledged to me that they executed
`,,'•'~.~;;IiYf&.same for the purposes and consideration therein expressed.
~,(4,V I ANDER MY-HAND AND SEAL OF OrFICE, This tha day
A.D. 19774
NOTARY/PUBLIC IN AND FOR
~1 ✓ DENTON COUNTYi TEXAS
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AT A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON..
TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 11TH
DAY OF OCTOBER, A. D. 1977.
R E S O L U T I O N
WHEREAS.. an Application for Federal Assistance dated the
19th day of September, 1977 has been submitted to the Department
of Transportation, Federal Aviation Administration (FAA) request-
ing federal participation in the cost of certain improvements at
the Denton Municipal Airport; and
WHEREAS, the AA has issued a Grant Offer which, if duly
accepted, provides a commitment of $289,650.00 in federal funds
for development specified therein; and
WHEREAS, it is determined to be in the interest of the City
of Denton, Texas to accept this Grant Offer.
NOW, THZREFOR20 BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DENTON, TEXAS:
That the City of Denton does hereby accept the provisions
of said Grant Offer, a copy of which is attached hereto and in-
corporated herein for all purposes, and, to evidence this accept-
ance, the Mayor of the City of Denton is hereby authorized and
directed to execute the Grant Offer on behalf of the City of
Denton, Texas,
PASSED AND APPROVED this the llth day of 'October, A. D. 1977.
MNOR HUGHES, MAWR
CITY OF DENTON, TEXAS
ATTEST,
t7WS , -SEE CITY TY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
c-
CITY OF DENTON, TEXAS
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