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HomeMy WebLinkAbout10-1977 ~n ~mw4 0 I i N 1 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 3 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 4 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 5 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 6 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 • 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 7 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 I 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. 8 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 9 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 MMMMMMM i 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. I 1 I 12 c ~ ~~`v ~ ct~ ~y ~1 ~t ao K- eel I{ 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 Z OA I'M& v i , 860 423 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 t Tiil' (!P 1101'1 a Ht e1• C yC1 ~ •i it1 :7,c3?~0; r'.t A j ~ i~ Z f ~l ~ c~~,, f; •.,.,n„~I ;'loll ~ ~ ~ I z! V d ti 7 l a .Z' w to s r~ w S wo 7 i { aa U I l~ Mid CX' 413 v. crvnuT VOl OU 1xi -14 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 ~ E j 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. ( f ` `~1 . - - 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. 02s(C!'3 N w x I CJ F2' W~l ~ W 1 V ~ ~ ~ I1 VJ w h ffltOt~'CUU:r r, ;1A ; ! r t ~~6 ail ILl Q i 1 f ~I V00 PA(f 1 ~i jo i.11 I- v ~ y • 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 ~ ♦ i 1 ~l ~ s do D5 1 I ' Y V 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 I r. 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. ko s s g' 6' M n ~ n ~ b s .4 En z v a ~~1H N n K ~ :a r1 9 i M z b t N V i 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. i i €e 1, S A, u -C V W~p y y C ~ S F u n $ s t ~ ` ° s 3 sad O,n ~e f to b p„ CI H 1 111 ~ ~ ~ ~ c~zw 1c *t y~~~ v5 ~ ~ go- ~ ~ ' y e ~ '71 v o s lII., 10! o M o g y z to oil d o sz~ LS IOA 14 A 91 229 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 i 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 D7 0 m o > > v 3 0_cD n' r~ m8 i3 f o'n a (xD C. y O d N d D) D) Z c r n d m m o° y Ei U) C: m 'o O 7 FD' 0 '1 n o n o F N ~ N g S 3 . Ltu C 'n 'n 'n o off, o nn 5 n S 9 O 9 9 S p~ O n n m L N n o °w 3 c 3 w n 3 6 C 4 4 6 6 j y-_ p 0 F.a !el d° F M ~ m o ~ S c i -,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 A 3 i Q U iS lNNtkkkY. Y. a t a rs 't3 I ~ ~ 0 on 0 _y w f # 1 ~1 i 713. V. H ~ .y I j , o ' ~ Imo, s i 4 229 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 _ T d ~2 N V), N' O 4l cr 41 W C r m N m g m S m NZo C, mvf~o'a ;3 f ON ? O~Otn~3 lo 3 CD C, a CL w m C o m 0 0 3 (D " Nm d: m x ~ C> fA p> 7 n ~ x : n ^O CD D Z o ~ n m : O Y C+ m a m m ~ m m p s 5 0' d o d a n n m- 3 m m 9 m M1 m m m N p m m p Il 7 ~ sx D O ~ Qp 59 ~ ,m Fn 0 o "s r s n 5 n ~ ors ~ H H I 3 • ,r OATH OF OFFICE r r I, L 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 ' < k~ s~ ~ ~ a~ 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. c y a E d ctz> r o pQ ~ ~ r C ' v ~ k F e. ~ I rri Nv c n, 26 ra ~~8 joy I~ 1 Rate RV4 NPnmlWp • 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 :r 0 9c VV1i d O 7 0 co to mUrfmE 3; va o O 1D . 7 6l O_ 7 O) 41 VI m N Gi ° 4 N y x a m y' n c Rm„~ dm R fI y c a m to O ] (p -1 O a v a oj n (f) n o T ° O o m c N .m~4: fD 'm n-d 8 < G < < d < O <<< O. m m a n o°° 'a n R v m n _ M vv~9~~-a~o ~~mn omiijipg.332103 gg qq c $ i i i 3 3~ a~ a 3~~ 2 A,> 9 ~n C • c 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. N C02,?3r'G~f~C~DDD-I N, M ~ d N in 00- N 0 O d Q y (D CL f9 d 3 m ° 3 m n O KC N d y o] 7 N 3 fp Z ti a O a n 7 m a 7 m 3 N 7 a ~nc,g $N ~ 3 m x v y o a H m O G) y-hR~, :3 c O n F 0 o fD ~n ? O « « « v d<Rp ~ S a A a~~~ ~ R a^~ vvvvvv-ns~~953 as S n a n a y 3" o d • k~ z , 0 / 0 c 3 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 1 . 1 + I .i cc JI c1 1 •~'C crrJ F i. r,' -739.98 60. ' - MAY BARBARA DIXON I N 738.73 737 53 4 ~ a ! r 9 k ~ ~ r r 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. r ~9a f ~y A 46 i ~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 - • i wyT~Mhf~,a+!'91q~•wWw...aa..«^+ns r 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. s f U -flu f1 a I, ~'n o?Y. E741uf1 10 of S7J •..i• r Lj. S u 0' 1r, O o uqj Il''' 11 plt4 uUl :A, ~l fl ~UAdl j r'j .a 11 n ll: I~~ I~f•u i .ti CI $AVI J 7(]11.I)>J~ . n r n,:,~ c i F SS S•J c d50UISi' I 1,'!`0 P 5✓ u09 P I -3 l 10 a l PuoDp,:e 0: t d'.ii jai r r'.141i ~r ! r mi ayl joJ Panw,lvo:~ fga~ata si puoq S+,Jr •of,f ~u,~,r(! c~ : ~O Ii0l1t hJ?t71S^10~ 'J' r I E 1' ntd y9 G as many (D ~"I 'm y h y e [+i Op n t3 M tf f6 m " td M m t~ N N M rrf r r r m O 0 14 CL C3 44 rt W }Yy V y V m (A V rt m IY 9 A bp V 7 d iI 700 Oa r q m !D y O n w 0 C m z m m Noo q O 0 K ~ "o r 0 0. O m 0i rmh O H a 03 `C y fMD to M O W O gq O q tlO n p rr+ i6 75 q fD m rr C m c1 7. rt m 03 O'er O O 0 . f7 m fµL AAm1t K W r? y C H o' p n m 0 q t'* m 0 0 7 r? M rt rmt C m m 0 m m m r nq "'moa m rrr Hm q r? 0 r M0. O C dfA~4 rt r n lb pp0q n 16 rt p aO O ?y M rnr IP a W nW is r? a %4 n 11 9 em7 U~ •1 m K m % 0 or i~ , b fp rt M r m m ~ O A rf A ~ ~My N ID ' C ~ ~ d M 0 Mt r rt r Op ~ A n rt O H of rt v 0 y J. re - m S ; 4. Tr e. logo e -do* 0 Y r r? O 9 b o 9 m O fD Mw M A Oo❑ 14 0 n m n m m A o O y M W H. )-h n q h d rCC O fD O tYp~ d 0 Okk N C M M rt r m n V O A O d dd+~~ d cr a M m j~ OH 0999 ~ r• yfY r? 0 fa fyD `C E `C M d W O co ID ?~G Y( d r~ b~0 m to m rt d C3 G 7 A y o' ~h 7 n r Of fD rt TET~ M 0 H G m GO d A fnD m H O WO O m H D r f~D d f7D p rt rt (DD (a H v O O 0 m C Y 0 1.6 A m - rr i m W m r? H F FI cY 0 n m O O O' m rt n m M fD fD O 0 o' rt rt n roa,omm M w M x W NH. d Hm M k4 H 0 CL C rt r m M H A) H, 0 rt C ::r rt p O H b C' M Or' d p rt O m rf rr 07 d 0 n m A , 9 rt t! y X W r m 1 HI m O O % rt H FA b O e N O ~ O a n n r m O ~ ~ p ~ ~ M ^ v n r rr r o m p A n ~ o O H r Y 0 C7 H m r V V ~ ~ r ~ f~ _ _ _ ~ _ ~ _ i~s~ L--- _ _ _ _ _ - _ • ~ ~ . ~ a _ _ _ _ z• ~ _ _ _ ~ • ( ~ of _ tom.: _.,_L.._.b _ r I e~-_ ~ i,~-____. _ _ •1.-....__..__ _ _ _ _ _ c c 'c 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, G O • • • • • • • 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 0 V R H rt O M O h7 N 7 r H N ~ O m O R O O E W M R O O n y rt O y 7 O O n m m Q' H d ~ r. a ~c N V V R 0 O d N ~ 41 ~7 S r H ( C N QQ p \ ~ \ Cl \ d fD w \ ya n N rt 1 ' O r ~ fV• E R W m ~ y f D \ M CRi M Y' d d R N n 0 n n A ~ n V V lh E ~ ap AV r /~D~ 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 4 e I v~ k~, p o o x OH ou a iz y N Px a ow 5 0'fS j L r v L j~ C s~ I .3 Q '4~ rs1 ~o brna ~ar~ uNnoD I o to ~+C o (1J 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 ~ ~r F a~~~~ Frff~ 'R ` 10 ' t Rand No. 610 004404 8 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 cr j AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 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 17 . V • 1 s. i F .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. 1 ~ w .40 • y ~ 1 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 rr ~ 111W, I Y EC WARY CIT OF DENTON, TEXAS APPROVED AS TO LEGAL FORMS PAUL C. I CITY OF DENTON, TEXAS 9 F mom • f 9 . ~ . f..- r ~ \ ks , ;n y. , Y .i ~ ~4 ~ ~ i i 1 5 fi ~ ~ i. n^ i ~ _ ' ! 1 _ r ili. iy e A } _ i ~ i ~ i 1 ~ 't 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 . ~y . r 1 ;tl, 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 I Y Y 1 r r r I Q,~, T F ' ~ ~ Q.f C 4: r rY, ~ . . r „ t~ `ti., y ^ /J ~ ' ue. ~ : r ~ ~ r ~ r. ~ i fi.... ~ ~ , - r ~ _ { ~ i ~ ~ ~ z j ski ~l~r• r r If ,+S A his r.. ~ r ~ ~ s ~G~.~v.~ r ia'~~ 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 t~ 4r N k Q # t~ e r r J i . 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 8~4 N~~38 /~-sy THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON X lY~f1 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 ,1. ✓ S ry v ! rl "Uj Olt, COW' :f 5it" "irl c ' 1. IM 11 O N C f z~ d n o d - i H'►' ~N Q0 N n o 8~6~ X98 10 a; tnw>I'IO+~w! ..ate 11t'3T~ wMOS tt i 0 NO AON hm tq 901w4 padwr st si»i'~WWnO~ uoWoO v It") pewtu t4O a l l ud put twnw ul pe943 . . 41 OP WA put Om 14 u0i14 p*dwry tw.4 put qop tY1 yt "1, S#m pis wngsw SO NN b!w3 4e104 l it"I 'Al+!43 Omuta NV313 ~iNf10~ N011130 !0 Al NO M01 !0 71Y1f l a. v ,~.~~t C., A. ~i t n} e r . 1Y ~'s: 1} ` ' f z, q)•; . Ji at , . n.. 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 r~ 1 f x . v r a 1 1. l rr • ,41 rt ♦ 1.41 i Nsv R• i t h~. ar~~ 1 t , k, v.l .1~ E.