HomeMy WebLinkAbout11-1977
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NOVEMBER
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[]UNITED STATES F !RE INSURANCE COMPANY
[]THE NORTH RIVER INSURANCE COMPANY
WESTCHESTER FIRE INSURANCE COMPANY
❑ INTERNATIONAL INSURANCE COMPANY
CRUM&MSTER INSURANCE COMPANIES
THE POLICY MAKERS ,
CONTINUATION CERTIFICATE
1',estcnes i:er rite Insurance COmnany (hereinafter called the Company)
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hereby continues in force:
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Bond No. 7,54714
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In the sum of One Thousand and no/100--Dollars ^1,000.00
on behalf of 11i1t'on p. L,_-Vy L4 Son Plumbing Co.
in favor of City of D n •on• Te•tas
for the extended term beginning 1-20-7G
and ending %:n the _ 1 -9f1-74 subject, however, to all the covenants and
conditions of ;eld bond.
This Continuation Certificate is executed upon the express condition that the Company's liability under said Bond and this and all
continuations thereof wall not be cumulative and shall in no event exceed the sum of $1,000.00
IN WITNESS WHEREOF, the Company has caused this instrument to be signed by Its officers proper for the purpose and its
corporate seal to be hereto affixed this 1701 day of 110yuber, 18.17 .
11ESTC1IES'1MR FIRE I1ISURANCE COMPANY
L. N. Sattertohite, Attorney-in-Fact
F9,101.0.114 343
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DEED RECORDS vo< 871 mE 1A
NO. 8921
CITY OF DENTON, TEXAS X IN THE COUNTY COURT AT LAW
VS. X OF DENTON COUNTY, TEXAS
LUCILE ALLEN X PROCEEDINGS IN EMINENT DOMAIN
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JUDGMENT
On this the day of November, 1977, in the above styled
proceeding came on to be considered the Award of Commissioners filed
with the Judge of the County Court at Law of Denton County, Texas,
on the 25th day of October, 1977, said Award being previously filed
with this Honorable Court,
And, it appearing that the parties have agreed and compromised
this matter, and no objections to such decision will be filed.
And, it ;appearing that the City will pay the sum of $6,132,40
for the fee simple title to that certain property situated in the
City of Denton, Denton County, Texas, being heretofore described in
the incorporated Award of Commissioners, and attached hereto as Ex-
hibit A, such sum being a total of the amount of $6,132,40 for the
taking of the property.
And, it further Pppearing to the Court that the sum of Six
Thousand One Hundred Thirty-Two and 40/100 ($6,132,40) Dollars has
been deposited by Plaintiff in the Registry of the Court, subject
to order of Defendants herein, on the 25th day of October, 1977.
It is further ORDERED, ADJUDGEI and DECREED that the City of
Denton, Texas do have and recover from the Defendant Lucile Allen
the fee simple title in and to that certain property situated in
the City of Denton, Denton County, Texas, being heretofore des-
cribed in the attached Exhibit A. and the same be, and it is here-
by vested in the City c,f Denton, Texas,
And, it is further ORDERED, ADJUDGED and DECREED, that Defen-
dant Lucile Allen do have and recover from the City of Denton the
. said sum of Six Thousand One Hundred Thirty-Two and 401100 Dollars,
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It is further Or~DERED that all. costs herein are taxes: against
the City of Denton, and that the City of Denton may have its Writ
of Possession,
RENDERED and ENTERED this the day of November, 1977.
Orlgiml S:gnl Jy
1. RAY AIAAT13
J-. RAY MARTINp JUDGE
COUNTY COURT AT LAW
DENTON COUNTY, TEXAS
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I A`"' JUDGMENT - PAGE TWO
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VOL
No , 6103 VOL 871 PuL 132
CITY OF DENTON, TEXAS DEJD RECORDS
PLAINTIFF
VS. 0 PROCEEDINGS IN EMINENT DOMAIN
John D. Davis 1 990
JUDGMENT
On this the 4th day of -I9ovg4lber , 19" in the
above styled proceeding came on to be considered the Award of
Commissioners filed with the Judge of the County Court At
Law oi' Denton County, Texas, on the 7th day of nrtnher
1977 , said Award being copied in full and attached hereto.
And, it appearing that no objections to such decision have
been filed within twenty (20) days from said filing date of said
Award, or filed with the Clerk of the Court, It i,s ORDERED, AD-
JUDGED and DECREED that ouch decision be, and it is hereby adopt-
ed as the Judgment of this Court; and It is further ORDERED that
such Award of Commissioners be recorded with this Judgment in
the Minutes of the County Court at Law of Denton County, Texas.
And, it further appearing to the Court that the sum of
Seventy Seven Thousand Seven Hundred 5 No/100 .($Z,'00 0 )
Dollars has been deposited by Plaintiff in the Registry of the
Court, subject to order of Defendants herein, on the _7t, day of
October , 1977
It is further ORDERED, ADJUDGED and DECREED that the City of
Denton, Texas do have and recover from the Defendants,
John D', Davis , the fee simple title
`''in and to that certain property situated in the City of Denton,
Denton County, Texas, being heretofore described in the incorpor-
Ated.AwArd of Commissioners, and the same be, and is hereby vested
in the City of Denton, Texas,
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VOL J FACE 120
And, It is further ORDERED, AD:TUDGED and DECREED, that Defen-
dants, John D nat•is do have and
recover from the City of Denton the said sum of Seventy Seven
Thoussnd Seven Hundred and No 100 7 0 Dollars, and,
the Clerk of this Court is hereby Ordered and Directed to pay the
said sum to the said Defendants, John D. Djvis
in satisfaction hereof.
It is further ORDERED that all costs herein are taxed against
the City of Denton, and that the City of Denton may have its Writ
of Possession.
RENDERED AND ENTERED this the 4th day of November ,
1977
,
JUD OF COUNTY COURT AT
LA F D ON COUNTY, TEXAS
871 133
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VOL J rnt 121
S EXHIBIT "A" VOL 8l1 YACE131
'•1 FIRST TRACT
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 J. Scott Survey, Abstract No. 1222, ai,d also being part
of a tract of land as conveyed by E. G. Gillett, et al, to John D....
.Davis by deed dated June 180 1938, and recorded in Volume 270, Page
611 of the Deed Records of Denton County, Texas, and more particu-
larly described as followsi
BEGINNING at the southwest corner of said Davis Tract, said point
also being the southwest corner of the J. Scott Sur-/ey, Abstract No.
1222;
THENCE north along the west boundary line of said Davis Tract, same
being the west boundary line of the J. Scott Survey, Abstract No.
1222 a distance of 850 feet to a point for a corner;
THENCE east a distance of 580.58 feet to a point for a corner;.
THENCE south 220 east a distance of 916.75 feet to a point in the
south boundary line of said Davis Tract and J. Scott Survey for a
corners
THENCE west along said Davis south boundary line, same being the
south boundary line of the J. Scott Survey a distance of 924 feet
to the place of heainning and containing 14.69 acres of land, more
or less, y
' SECOND TRACT
t.` All that certain lot, tract or parcel of land situated in the City
and County of Der ton, State of Texas, and being part of the J. Scott 3
Survey, Abstract No. 1222, and also being part of a tract of land as
conveyed from E. G. Gillett, Et al, to John D. Davis by deed dated 4'
June 18, 1938, and recorded in Volume 270. Page 611 of the Deed Re-
cords of Denton County, Texas, and more particularly described as
followsl
BEGINNING at a point in the west boundary line of said Davis tract
850 feet north of the southwest corner of said Davis Tract said cor-
ner' also being the southwest corner of the J. Scott Survey, Abstract
Ido. 1222; :
THENCE north along the west boundary line of sid Davis Tract and
J. Scott Survey, a distance of 761.11 feet t, the northwest corner
of said Davis Tract for a corner;
THENCE east along said Davis north boundary line a distance of 150
feet to a point fo: a corner;
THENCE south 150 feat east of and parallel with the west boundary
line of said Davis Tract same being the west boundary line of J.
Scott Survey a distance of 761.11 feet to a point for a corner;
THENCE west P distance of 150 feet to the place of beginning and
containing 2.62 acres of land, more or less.
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11 t~ THUD TRACT
All that certain lot, tract or parcel of land situated in the City
j' 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 E. G. Gillett, et al to John D. Davis by deed dated
June 18, 1938, and recorded in Volume 270, Page 611 of the Deed Re- {
cords of Denton County, Texas, and more particularly described as i
follows:
^BEGINNING at a point 150 feet east and 850 feet north of the south-
p west corner of said .)avis Tract, said corner also being the southwest
corner.of the J. Scott Survey, Abstract No. 1222=
THENCE north 150 feet cast of and parallel with the west boundary line
of said Davis Tract a distance of 761.11 feet to a point in the north
boundary line of said Davis tract for a corners
THENCE east a distance of 526.85 feet to a point for a corner=
THENCE south 90 27' 44" west a distance of 771.61 feet, to a point for
a corner l
THENCE west a distance of 400 feet to the place of beginning, and con- q
taining 8.10 acres of land, more or less. f
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NO,
AN ORDINANCE BY THE CITY COUNCIL OF THE CYTY OF DENTON, TEXAS,
CREATING A NEW CHAPTER 27 ENTITLED "CABLE TELEVISION"s PROVIDING
A SEVERABILITY CLAUSE AND DECLARING AN EFFECTIVE; DATE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION I.
The Code of Ordinances of the City of Denton, Texas is hereby
amended by creating a new Chapter 27, Articles I through X entitled
"Cable Television", and shall hereafter read as follows:
ARTICLE I
Section 27-1. FRANCHISE GRANTED AND LIMITATIONS
The franchise to be granted b-; the City of Denton pursuant
to this ordinance shall grant to the grantee, the right, privilege
and franchise to erect, construct, operate and maintain i%, upon,
along, across, above, over and under the streets, alleys, public
ways and public places now laid out or dedicated and all such ex-
tensions thereto and additions thereto in the City; and poles,
wires, cables underground, conduits, manhoies, and other television
conductors and fixtures necessary for the meintenance and operation
of a CATV system for the interception, sale, transmission and distri-
bution o television programs and other audio-visual electrical
signals and the right to transmit the ssme to the inhabitants of
the City on the terms and conditions hereinafter set forth. The
City of Denton expressly reservt:s the right to grant a similar use
of said streets, alleys, public ways and placee to any person at
any time during the period of this franchise. It is further the
intention of this ordinance to limit the activity of a grantee here-
under solely to the operation of cable television systems within
the City of Denton.
Section 2'1-2, DURATION OF FRANCHISE GRANT
The term of the franchise to be granted by the City of Denton
pursuant to this ordinance shall be for a period of fifteen (15)
years from and after the grant and acceptance date of the franchise
to be awarded, subject to the conditions and restrictions as herein-
after provided, and further provided that the Mayor and City Council
shall have the right to re•.,iew such franchise periodically at such
time as the Mayor and City Council may from time to time elect to do
so and as hereinafter provided.
Section 27-3. FRANCHISE RIGHTS SUBJECT TO POLICE POWERS
In accepting this franchise, the grantee acknowledges that its
rights hereunder are subject to the police power of the City to adopt
and enforce general ordinances necessary to the safety and welfare of
the public; and it agrees to comply with all applicable general laws
and ordinances enacted by the City pursuant to such power.
ARTICLE II
This ordinance shall be known and may be cited as the "Denton
Cable Television Ordinance" and it shall become a part of the Code
of Ordinances of the City of Denton, Texas, with the following defi-
nitions applicable thereto,
DEFINITIONS
Section 27-4, AGENCY
Agency Leans the person, department, or agency designated by
the City Council to act in matters related to CAM
Section 27-5, CABLECASTING, ORIGINATION AND ACCESS
Cablecasting means programming (exclusive of broadcast signals)
carried on a cable television syatem,
1, Origination Cablecasting, Programming (exclusive of broad-
cast signals) carried on a cable television system over one or more
channels, and subject to the exclusive control of the cable operator.
2, Access Cablecasting, Services provided by a cable television
system on its public, education, local government, or leased channels,
a. Public Access Channel
A specially designated non-commercial public access
channel available on a first-come non-discriminatory
basis for which the system shall maintain and have
available for public use at least the mininal equip-
ment and facilities necessary for the production of
programming for such a channel,
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b. Education Access Channel
A specially designated channel for use by local
educational authortties.
C. Local Government Access Channel
A specially designated channel for local government
uses,
d• Leased Access Channel
Portions 6f-the system's nonbroadcast bandwidth
including unused portions of the specially desig-
nated channels for leased access services..
Sectiou 27-6. CATV
Community antenna television system or cable television sys-
tem or CATV system means any facility, the primary function of
which is either to receive and amplify the broadcast signals of
one or more television and radio stations or to provide signals
for additional closed circuit programming, and to redistribute
such signals to members of the public who subscribe thereto or to
whom redistribution of such signals is required by the ordinance,
by means of wires, cables, conduits, or any other devices which
are above, be?.ow, on, in, or along highways or other public places.
Section 27-7. CERTIFICATE HOLDER
Certificate holder means the person or company awarded a Certi-
ficate of Public Convenience and Necessity for the operation of a
CATV system in the City of Denton, the certificate to be awarded in
accordance with the provisions of applicable law, including this
ordinance.
Section 27-8, CHANNELS
1, Class I Cable Television Channel. A signalling path pro-
vided by a cable television system to relay to subscriber terminals
television broadcast programs that are received off-the-air or are
obtained by microwave or by direct connection to a television broad-
cast station.
2, Class II Cable Television Channel. A signalling path pro-
vided by a cable television system to deliver to subscriber terminals
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television signals that are intended for reception by a television
broadcast receiver without the use of an auxiliary decoding device
and which signals are not involved in a broadcast transmission path,
3. Class III Cable Television Channel. A sigralling path pro-
vided by a cable television system to deliver to subscriber terminals
signals that are intended for reception by equipment other than a
television broadcast receiver or by a television broadcast receiver
only when used with auxiliary decoding equipment.
4. Class IV Cable Television Channel. A signalling path pro-
vided by a cable television system to transmit signals of any type
from a subscriber terminal to another point in the cable television
system.
Section 27-9. CONVERTER
Converter means an electronic device, which converts signals to
a frequency not susceptible to interference within the television
receiver of a subscriber, and by an appropriate channel selector
also permits s subscriber to view all signals delivered at designated
dial locations.
1. Single Channel Converter, An electronic device used at the
headend, which changes the frequency of RF television signals to
some other channel.
2. Set Converter. An electronic device used at a subscriber's
terminal, which permits a subscriber to receive all cable TV signals
on a common channel, usually not subject to local interference.
Section 27-10. DISTRICT
District means the area within which the cable operator will
provide service,
Section 27-11. GROSS RECEIPTS, REVENUES, GROSS ANNUAL RECEIPTS
As compensation for the franchise granted herein and in conside-
ration of permission to use the streets and public ways of the City
and the Service Area for the construction, operation, maintenan;
and reconstruction of a cable communications system within the City
and Service Area, the grantee shalt pay to grantor an annual amount
equal to three (3%) percent of the grantee's gross annual subscriber
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revenues from all sources rttributable to the operations of the
grantee within the City and the Service Area. In the event that the
FCC, in the future, permits total gross annual revenues from all
sources to become the basis for computing this fee, such basis shall
automatically be utilized herein. All funds received pursuant to
this subsection shall be deposited into the General Fund of the
grantor.
Section 27-12. LOCALLY RECEIVABLE SIGNALS
Locally receivable signal is a signal from a station whose grade
A contour includes either a majority of the franchise area or includes
the cable system signal reception site.
Section 27-13. MONITORING
Monitoring means observing a one-way communications signal, or
the absence of a signal, where the observer is neither the subscriber
nor the programmer, whether the signal is observed by visual or elec-
tronic means for any purpose whatsoever.
Section 27-14. PROGRAMMER
Programmer means any person, firm, corporation, or entity who or
which produces or otherwise provides program material for transmission
by video, audio, digital, or other signals, either live or from re-
corded tapes, to subscribers, by means of the cable communications
system.
Section 27-15. SCHOOL
School means any institution of the Denton Independent School
District, any non-profit day care center, and any other non-profit
educational institution.
Section 27-16. SERVICE, BASIC AND ADDITIONAL
1. Basic Subscriber Service means the total of all the follow-
ings
r a. The transmission of all broadcast video channel
signals provided for herein;
b, The transmission of the public educational, and
local government access channef signals;
c, The transmission of the local origination channel
signals;
d. The transmission of such other cablecast channel
signals as are required by the FCC to match the
number of broadcast channel signals being trans-
mitted; and
e. The installation and re-connection of subscriber
service outlets.
2. Additional services means any of the following.
a. Such video services as the transmission of all
leased access channel signals not included in
basic subscriber r.ervice, as well as the trans-
mission of cablecast video advertising messages
and pay television signals.
Section 27-17. SUBSCRIBER
Subscriber means any person, firm, corporation, or other entity
receiving for any purpose the service of the grantee herein.
Section 27-18, STREETS AND HIGHWAYS
Streets means streets, avenues, highways, boulevards, concourses,
driveways, bridges, tunnels, parks, parkways, waterways, docks, bulk-
heads, wharves, piers, alleys, all other public rights of way, and
public grounds or waters within or belonging to the City.
Section 27-19, SYSTEM
System means the broadband communications facility which is to
be constructed, operated, and maintained by the Company within the
City of Denton.
Section 27-20, TWO-WAY CAPABILITY
Two-way capability means the subscriber or any other location
shall have the capability to choose whether or not to respond im-
mediately, or by sequential delay by utilizing any type of terminal
equipment whatever, by push button code, dial code, meter, voice,
video signal, or by any other means to any type of electronic, in-
cluding but not limited to audio and video, electrical or mechan-
ically produced signal, display, and/or interrogation.
Section 27-21, USER
User denotes a person or organization utilizing a system channel
for purposes of production and/or transmission of material, as con-
trasted with receipt thereof, in a subscriber capacity.
Section 27-22, TAPPING
Tapping means observing a two-way communications signal exchange,
Lit
where the observer is neither of the communicating parr;ies, whether
the communications signal exchange is observed by visual or electronic
means for any purpose whatsoever.
ARTICLE III
PROVISIONS GOVERNING THE LENGTH, RENEWAL AND
TRANSFER OF A CERTIFICATE OR FRANCHISE
Section 27-23, FRANCHISE REQUIRED; DURATION; EXCLUSIVITY
1, The City shall grant a franchise for the use of the streets
within the City for the construction, operation, and maintenance of
a CATV system. No system shall be allowed to occupy or use the
streets of the City or be allowed to operate without a CATV Franchise,
2, The franchise shall be granted for a term of fifteen (15)
years; thereafter, after full public hearings, and according to the
franchise-renewal procedure that follows, the franchise may be renewed
for a pe:tod of reasonable duration not to exceed fifteen (15) years
as in the opinion of the City Council will serve the public interest.
a. Procedure to consider franchise renewal:
1. Thirteen months before expiration of the franchise
the City Council may appoint in the manner provided
for in Section 27-50(2), a CATV Advisory Board to
review the performance of the franchisee and the
content of the CATV ordinance,
2. After giving public notice, the Board shall proceed
to determine whether the operator has satisfactorily
pe"forued his obligations under the franchise. To
dehe:.c{,.e satisfactory performance, the Board shall
Akf'. Ar, the technical developments and performance of
the 2jsr=ire, programming, other services offered, cost
of ,4or`ri,. ,.,nd any other particular requirement set
£ort:L it, t!: ordinance, such as the availability of
prograariin& c tipwent and personnel to aid access
char,-iel users; also, the Board shall consider the
f.anchise's annual reports made to the City or the
FCC; provision shall be made for community comment,
and industry performance on a national basis shall
be considered,
3. A four month period shall be provided to determine
the franchise's eligibility for renewal,
4, The Board shall then prepare amendments to determine
the franchise ordinance that it believes necessary,
5, The Board shall submit to the City Council recommen-
4atione in regard to (1) renewal of the franchise,
(2) changes to the franchise, and (3) amendments to
the franchise ordinance.
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r r r 6. If the Cit,, Council finds the franchisee's performance
satisfactory, a new franchise may be granted pursuant
to the ordinance as amended,
7. In the event the current franchise is determined by
the City Council to have performed unsatisfactorily,
new applicants shall be sought and evaluated by the
CATV Advisory Board and a franchise award made by the
City Council according to CATV franchising procedures
adopted by the City Council.
Section 27-24. RENEGOTIATION
1. The City and the franchisee shall hold scheduled renegotia-
tion sessions within thirty (30) days of the fifth and tenth anni-
versary dates of the franchisee's obtaining certification for the
system from the Federal Communications Commission. All such nego-
tiation sessions shall be ripen to the public and announced in a news-
paper of general circulation at least five (5) days before each
session.
2. Special Renegotiation Sessions. Special renegotiation
sessions may be held at any time during the term of the franchise
provided that both the City and the franchisee shall mutually agree
on the tire, the place and the topics to be negotiated. All such
renegotiation sessions shall be open to the public and announced
in a newspaper of general circulation at least five (5) days before
each session.
3. Topics to be Negotiated. The following topics shall be
discussed at every scheduled renegotiation session: Service rate
structures; free or discounted services; application of new tech-
nologies; system performances; services provided; programming
offered; customer complaints; amendments to this ordinance; under-
grounding progress; and judicial and FCC rulings.
4. Topics in addition to those listed may be added if agreed
upon by the parties. Members of the general public may add topics
either by working through the negotiating parties or by presenting
a petition. If such a petition bears the valid signatures of fifty
or more residents of the City, the proposed topic or topics shall
be added to thr list of topics to be discussed at the renegotiation
sessions
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Section 27-25. CANCELLATION AND TERMINATION
1. The City Council may cancel the franchise conferred by
this ordinance at any time prior to its expiration date upon a
finding, made after thirty (30) days notice of the proposed can-
cellation and public hearing, that the grantee has failed to cure
one or more of the following defects during a sixty (60) day
period following written notice by the City Manager to the grantee
of such a defect:
a. Material breach, whether by act or omission, of any
terms or conditions of this franchise ordinance.
b. Material misrepresentation of fact in the application
far or negotiation of the franchise.
c. Failure to provide subscribers or users frith adequate
service in the best interest of the public convenience
and welfare.
Section 27-26, CONTINUITY OF SERVICE
1, Continuity of Service Mandatory. The grantee shall be
required to provide continuous aervice to all subscribers in re-
turn for payment of the established fee. If the grantee over builds,
rebuilds, modifies or sells the system, of the grantor revokes or
fails to renew this franchise, or grantor elents to purchase the
system, the grantee is required as part of this franchise to con-
tinue to operate the system until or orderly change of operation is
effectuated, In the event the grantee fails to operate the system
for five consecutive days without prior approval of the City Council,
the City or its agent may operate the system until such time that
a new operator is selected,
2. Grantor purchase of System upon Revocation. In the event
that the grantor revokes this franchise, pursuant to appropriate
provisions of this ordinance, the grantor shall have the right to
purchase the CATV system at a price not to exceed its then book
value (that is, orfginat cost of property less accumulated depre-
ciation). The book value shall be determined by the grantor in
accordance with generally accepted appraisal and accounting prin-
ciples. Under no circumstances shall any valuation be made for
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good will or any right or privilege granted by this franchise.
Should a dispute arise over the determination of the fair market
value of the system, the dispute shall be resolved by arbitration
as provided in the sections of this ordinance entitled "Resolution
of Disputes".
4. TRANSFERS AND ASSIGNMENTS
(a) The franchisee operating under this ordinance shall
not be permitted to sell, transfer, or otherwise change more than
ten (10%) percent of t1 a ownership herein granted without prior
written consent of the City of Denton. If after five (5) years the
franchisee would consider sale of more than ten (10%) percent or a
transfer of control, then provided the transferee met the character,
financial, and experience criteria established by the FCC and the
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City Council of Denton, the consent of the City Council of Denton
would not be unreasonably withheld,
(b) The franchisee operating under this ordinance shall
not be permitted to sell, lease, sublease, transfer, or otherwise
change working control of the franchise herein granted without prior
written consent of the City of Denton. For the purpose of deter-
mining whether it shall consent to such change transfer, or acquisi-
tion of control, the City Council may inquire into the prospective
controlling party, and the franchisee shall assist the City Council
in any such inquiry. If the City Council does not schedule a hearing
on the matter within sixty (60) days after notice of the change o.
proposed change and the filing of a petition requesting its consent,
the City shall be deemed to have consented. In the event that the
City Council adopts a resolution denying its consent, and such change,
transfer, or acquisition of control has been effected, the City
Council may terminate the franchise,
(c) The consent or approval of the City Council to any
assignment, lease, transfer, sublease, or mortgage of the franchise
granted to the franchisee shall not constitute a waiver or release
of the rights of the City in and to the streets,
(d) In the absence of extraordinary circumstances, the
City Council will not approve the assignment of the fra+:rlei:e by
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,a
the franchise prior to completion of construction of the CATV
system,
ARTICLE IV
FRANCHISE TERRITORY - EXTENSION OF SERVICE
Section 27-27. FRANCHISE AREA
Grantee shall submit, in addition to the application for fran-
chise, a map showing the franchise area and the projected construction
completion date. The map shall clearly delineate any areas which will
not be served, if any.
Section 27-28, REVIEW OF FRANCHISE AREA
At two year intervals, beginning the third year after the fran-
chise is awarded, the map shall reviewed, and changes in the ser-
f
vice areas shall be incorporated by mutual agreement.
1. Before requesting extension of service into pre-
viously unserved areas, the City Council must take
into consideration the costs of said extension,
population density and averages, and terrain pro-
blems,
2. The review shall take place at a public meeting.
Section 27-29. ARBITRATION OF DISPUTES
Should the Council and the grantee fail to agree upon new ser-
vice areas requested by the Council, the matter shall be arbitrated
ai provided in thie ordinance.
Section 27-30. SERVICE OUTSIDE FRANCHISE AREA
Grantee shall negotiate with any citizen or group of citizens
desiring service who are located outside the service area. Should
the firantee and such citizens fail to reach an agreement upon the
costs of service to Le extended, the matter shall be submitted to
an arbitration board as provided in this ordinance,
Section 27-31, ANNEXATION
Upon the annexation of any new territory by tho City of Denton,
the portion of the CATV system that may be located or operated within
such territory, and the streets, alleys, or public grounds thereof,
shall thereafter be subject to all the terms of this grant as though
it were an exten,tion made thereunder,
.11.
4
ARTICLE V
Section 27-32, ACCESS PROGRAMMING FACILITIES
All cable system franchises must provide reasonable equipment
to be used by access cablecasters with the a:d of a technical and
production staff to be provided by the operator. Included should
be equipment that can store programs for later showing. In addition,
a centrally located studio must be made available to all access users
on a first-come, first-served basis. Any applicant to operate the
system will be expected to demonstrate in its application how it
plans to make available the equipment, the studio, and production
and technical staff. Applicants will be given preference in the
selection process for plans that will most adequately, meet these
requirements. A full schedule of rates for use of equipment, studio,
and technical and production staff must be submitted. If separate
rates are planned for mobile facilities, these must also be included.
Rate preference may be given to non-commercial users.
Section 27-33. HUB SYSTEM
The cable system design shall incorporate the use of a HUB sys-
tem with sufficient hubs to insure the quality of reception required
by the Federal Communications Commissioa.
There shall be an interconnecting cable between the central
headend and the other hubs which will be activated two-way. The
interconnecting cable must have the capacity to carry at least two
(2) channels of. TV in each direction.
Section 27-34. EMERGENCY OVERRIDE
The cable system shall include an "Emergency Alert" capability
which will permit the mayor, or the mayor's designated representative,
to override, by remote control, the audio av.d/or video of all channels
involved in retranamisaion of television broadcast programming. The
cable operator shall designate a channel which will be used for
emergency broadcasts.
Section 27-35. STANDBY POWER
The cable system operator shall maintain equipment capable of
providing standby powering for headend transportation and trunk
.12-
amplifiers for a minimum of two hours. The equipment shall be con-
structed so as to automatically notify the cable office when it is
in operation and to automatically revert to the standby mode when
the AC power returns. All utility safety regulations must be fol-
lowed to prevent a standby generator from powering the "dead" utility
line, with possible injury to an unwitting lineman.
Section 27-36. PRIVACY
1. USE OF DATA FROM SUBSCRIBER
A grantee shall not initiate or use any form, procedure, or
device for procuring information or data from cable subscribers'
pr~,uzlses by use of the cable system without prior valid written auth-
orization from each subscriber so affected. Valid authorization shall
mean written approval from the subscriber for a period of time not
to exceed one (1) year, and said authorization shall not have been
obtained from the subscriber as a condition of service. Further, it
shall be unlawful for a grantee, without such authorization, to
activate and/or utilize any "Class IV Cable T, vision Channel" in
any manner from the subscriber's premises. In any case the subscriber
shall have the right and opportunity to deactivate the return path
from his or her premises,
2, IDENTIFYING SUBSCRIBERS
The City or a grantee shall not, without prior valid written
authorization from each subscriber so affected, provide any data
Identifying subscribers' names or address to any other party.
3. PROCUREMENT OF INFORMATION
It shall be unlawful for any firm, person, group, company, cor-
poration, governmental body, or agency to procure information or data
from cable subscribers' premises by use of the cable system without
prior written authorization from each subscriber so affected. Valid
authorization shall mean written approval from a subscriber for a
period of time not to exceed one (1) year and shall not have been
obtained as a condition of the grantee providing cable service to
the subscriber,
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4. SPECIFIC AUTHORIZATION
No authorization for procurement or dissimination of subscriber
identifiable information or data shall be valid unless it (1) specifies
the type or types of information or data covered, and (2) the parties
authorized to collect, receive, store, record, transmit, or otherwise
convey this information or data. Further, all authorizations shall
specify the maximum period of time that any subscriber identifiable
information or data shall be preserved in any manner or form,
5. SUBSCRIBER DOPY REQUIRED
A written copy of all subscriber identifiable information or data
which is retained and/or disclosed and the disposition of this infor-
mation of data, together with any explanation necessary to make it
understandable to the subscriber, shall be provided to the affected
subscriber within thirty (30) days of procurement. Further disclosures
shall be fully detailed in writing to the affected subscriber within
thirty (30) days of such disclosure,
Section 27-37. ANTENNA SWITCH FOR ALTERNATIVE USE OF OFF-AIR
ANTENNAS
Grantee shall install an RF switch upon request by a subscriber,
ARTICLE VI
TECHNICAL STANDARDS AND SPECIFICATIOI%S
Section 27-38,
Methods of construction, installation, and maintenance of the
City's cable television system shall comply with the National Elec-
trical Safety Code, National Electrical Code of 1975, National Bureau
of Standards Handbook 81 (Part 2), National Bureau of Standards, U.S.
Department of Commerce, November 1, 1961, to the extent that such Codes
are consistent with local law affecting the construction, installation,
and maintenance of electric supply and communications lines. To the
extent that such Code is inconsistent with othar provisions of this
franchise or with local '.aw, the latter shall govern,
Section 27-39,
Any tower constructed rut use in the City's cable television
system shall comply .pith the standards contained in Structural Stan-
dards for Steel Antenna Towers and Antenna Supporting Structures,
-14A
EIA Standards RS-222-A as published by the Engineering Department
of the Electronic Industries Association, 2001 Eye 111*creet, N.W „
Washington, D. C. 20006.
Section 27-40.
Installation and physical dimensions of any tower constructed
for use in the City's cable television system shall comply with all
appropriate Federal Aviation Agency regulat+.ons including, but not
limited to, Objectives Affecting Navigable Airspace, 14 C.F.R. 77.1
et seq., February, 1965,
Section 27-41,
Any antenna structure used in the City's cable television sys-
tem shall comply with Construction Marking, and Lighting of Antenna
Structure, 47 C.F.R. 17.1 et, seq „ September, 1967.
Section 27-42,
All working facilities aid conditions used during construction,
installation, and maintenance of the City's cable television system
shall comply with the standards of the Occupational Safety and Health
Administration.
Section 27-43.
The Company shall comply fully with the rules and standards for
cable television operations as adopted by the Federal Communications
Commission, 47 C.F.R. 76,601-76,613 (1972),
Section 27-44,
The Company shall comply fully with the rules and rPguiations
contained and promulgated within this ordinance and all other City
ordinances which apply to the operation of the cable system,
Section 27-45,
Stray radiation (Rf leakage) shall be checked at reception
locations for emergency radio services to prove no interference
signal, combinations are possible, Stray radiation shall be measured
adjai:ent to any proposed aeronautical navigation radio sites to prove
no interference.to airborne navigational reception in the normal
flight patterns.
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ARTICLE VII
LOCAL REGULATORY FRAMEWORK AND REGULATIONS
Section 27-46. REMEDIES FOR BREACHES
1. In the event that tts service to any subscriber is inter-
rupted for twenty four (24) consecutive hours, except for acts of
God, and except in circumstances for which the prior approval of
the interruption is obtained from the City Council, grantee shall
provide a ten (10%) percent rebate of the monthly fees to affected
subscriber.
2. In the event that its service to any subscriber is inter-
rupted for forty eight (48) or more consecutive hours, except for
acts of God, and except in circumstances for which the prior approval
of the interruption is obtained from the City Council, grantee shall
provide a twenty (20%) percent rebate fo the monthly fees to affected
subscribers,
3. In the event that its service to any subscriber is inter-
rupted for seventy two (72) or more consecutive hours, except for
acts of God, and except in circumstances for which the prior approval
of the interruption is obtained from the City Council, grantee shall
provide a hundred percent (100%) rebate of the monthly fees to the
affected subscribers.
Section 27-47, PERFORMA'.QCE BOND
1, Performance Bond, Grantee shall file with the City Secre-
tary, after he has received Federal Communications Commission approval
and before any installation of the cable television system begins a
bond approved by the City Attorney, executed by a bonding or surety
company a+ithorized to do business in the State of Texas, in the
amount of $100,000, conditioned upon the faithful performance of the
grantee and upon the further condition that in the event the grantee
shall fail to comply with any law, ordinance, or regulation governing
the franchise, it shall be +:ecoverable jointly and severally from
the principal and surety of the band, any damages or lose suffered
by he City as a result thereof, including the full amount of any
-16-
compensation, indemnification, or cost of removal or abandonment of
any property of the grantee, plus a reasonable allowance for attorney
fees and costs, up to the full amount of the bond. The bond shall
contain the following endorsement;
It is hereby understood and agreed that this bond may
not be cancelled nor the intention not to renew be
stated, until thirty (30) days after receipt by the
City Manager of Denton, Texas, by registered mail of
two (2) copies of a written notice of such intent to
cancel or not renew.
A copy of all bonds or a certified copy thereof and written
evidence of payment of required, premium, shall be filed and main-
tained w+th the City Manager during the term of any franchise granted
hereunder, or any renewal thereof.
Section 27-48, CONSTRUCTION TIMETABLES,
1, The company shall commence operation within two (2) years
of the effective date of the certificate. Operations shall be con-
sidered commenced with the bona fide transmission and amplification
of television signals on a regular basis to at least one thousand
(1,000) residential subscribers, Upon the reasonable request for
service by any person located within the City, the company shall,
within sixty (60) days, furnish service to such person. A. request
for service shall be unreasonable for the purpose of this subdivi-
sion, if occurring within five (5) years from the effective date of
the certificate and no trunk line installation capable of servicing
that person's block has as yet been installed, or, if occurring at
any time and direct access cannot be obtained to such person's pre-
mises and all other means of access are highly impracticable.
Section 27-49. FORECLOSURE, RECEIVERSHIP
1. Upon the foreclosure or o*Lh9r judicial sale of all or a
substantial part of the system, or upon the termination of any lease
covering all or a substantial part of the system, the company shall
notify the city of such fact, and such notification shall be treated
as a notification that a change in control of the company has taken
place, and the requirements of this ordinance governing the consent
of the City Council to such change in control of the company shall
apply,
-17.
2, The City Council shall have the right to cancel the fran-
chise one hundred twenty (120) days after the appointment of a re-
ceiver, or trustee, to take over and conduct the business of the
company, whether in receivership, reorganization, bankruptcy, or
other action or proceeding, unless such receivership or trusteeship
shall have been vacated prior to the expiration of the said one
hundred twenty (120) days, or unless:
a. Within one hundred twenty (120) days after his election
or appointment, such receiver or trustee shall have fully complied
with all the provisions of this ordinance and remedied all defaults
thereunder; and,
b. Such receiver or trustee, within said one hundred
twenty (120) days shall have executed an agreement, duly approved
by the Court having jurisdiction in the matter, whereby such receiver
or trustee assumes and agrees to be bound by each and every provision
of this ordinance and the certificate granted to the company.
Section 27-50. ESTABLISHMENT OF A REGULATORY ENTITY
1. Continuing Regulatory Jurisdiction, The City shall have
continuing regulatory jurisdiction and supervision over the operation
of any franchise granted hereunder and may from time to time adopt
such reasonable rules and regulations as they may deem necessary for
the conduct of the business contemplated thereunder,
2. Authority to Establish CATV Advisory Board, The continuing
regulatory jurisdiction of the City shall be exercised by the City
of Denton City Council, The City Council shall have the authority
to establish and appoint a CATV Advisory Board consisting of five
(5) members who shall serve for three (3) year terms with such terms
to be staggered, Such Board's duration shall bo at the pleasure of
the Council and should such board be established it shall advise the
City Council on its regulatory jurisdiction and may have the follow-
ing responsibilities and duties at the direction of the City Council,
a, Resolving disputes or disagreements between subscribers and
the grantee after an investigation, should the subscriber and the
grantee not first be able to resolve their view or disagreement,
Said decision or findings may be appealed to the City Council.
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I
b, Reviewing and auditing all reports and filings submitted
to the City as required hereunder and such other correspondence
as may be submitted to the City concerning the operation of the
cable television network, and reviewing the rules and regulations
set by the grantee company.
c. Assuring that all tariffs, rates, and rules pertinent to
the operation of the CATV system in the City of Denton are made
available for inspection by the public at reasonable hours and upon
reasonable requests.
d. Reviewing rates and recommending any rate changes to the
City Council,
Section 27-51, PROCEDURE FOR ANY DATE TO DAY REGULATION
1. Any formal inquiry, proceeding, investigation, or other
formal action to be taken or proposed to be taken by the City
Council in regard to the operations of the company's cable tele-
vision system, including action in regard to an increase in sub-
scription rates, shall be taken only after thirty (30) days public
notice of such action or proposed action i.s published in a local daily
or weekly newspaper having general circulation in the City of Denton;
a copy of such action or proposed action is served directly on the
company, and the company has been given an opportunity to respond
in writing and/or a herring as may be specified by the City Council,
and general members of the public have been given an opportunity to
respond or comment in writing on the action or proposed action,
2. The public notice required by this action shall state
clearly the action or proposed action to be taken, the time provided
for response and the person or persons and authority to whom such
responses should be addrnesed, and such other procedures as may be
specified by the CATV Advisory Board, If a hearing is to be held,
the public participation will be allowed. The grantee is a neces-
sary party to any hearing conducted in regard to this operation,
-19-
Section 27-52, FUNCTIONS TO BE icEGULATED
1. A franchisee shall maintain an office in the City, which
shall be open during all usual business hours, have a publicly
listed telephone, and be so operated that complaints and requests
for repairs or adjustments may be received on a twenty four (24)
hour basis,
2. A franchisee shall maintain a repair and trouble-shooting
force capable of responding to subscriber complaints or requests for
service within twenty four (24) hours after receipt of the complaint
or request. No direct charge shall be made to the subscriber for
this service.
3. A franchisee shall insure that all subscribers, programmers,
and members of the general public have recourse to a satisfactory
hearing of any complaint. The City shall work closely with the
franchisee and members of the public, to establish procedures for
handling and settling complaints, A franchisee shall present to the
City no later than six (6) months after the effective date of its
franchise, a set of rules, regulations and procedures concerning the
handling and settling of complaints.
Section 27-53. EMPLOYMENT REQUIREMENTS
A franchisee shall not deny service, deny access, or otherwise
discriminate against subscribers, channel users, or general jitizens
on the basis of race, color, religion, national origin, or sex, A
franchisee shall strictly adhere to the equal employment opportunity
requirements of the FCC, as expressed in Section 76.13(x)(8) and
76,311 of Chapter 1 of Title 47 of the Code of Federal Regulations.
The franchisee shall comply at all times with all other applicable
federal, state, city, and county laws, and all executive and admini-
strative orders relating to non-discrimination. A franchisee shall
make a positive effort to hire racial minorities, women and other
protected groups as subcontractor if available and qualified.
Section 27-54. FRANCHISE FEES
The grantee shall pay, as compensation to the City, an annual
fee of three (3%) percent of its gross subscriber receipts. In the
-20.
event that it is determined that the FCC lacks the jurisdiction to
impose the three (3%) percent limitation on the franchise fees, or
that the limits is raised or the fee basis is changed to allow
revenues other than subscriber receipts to be used in calculating
the fee, then the franchisee shall be subject to renegotiation. In
the event the parties cannot agree upon a new franchise fee, the
matter shall be submitted to arbitration.
Section 27-55. RATES
The following maximum rates and charges to subscribers for in-
stallation of equipment and regular subscriber service have been con-
sidered, approved and authorized by the City of Denton, and there
shall be no changes in rates charged to subscribers except upon prior
apprivul of the City, following an appropriate public proceeding:
SUBSCRIBERS' RATES AND CHARGES
A. INSTALLATION CHARGES
1. Residential
Primary TV outlet, normal installation $20,00
Additional TV outlets:
(a) When installed at same time as
primary, each $ 8,00
(b) When installed at different
time, each $10,00
FM radio outlets:
(a) When installed at same time as
TV outlet, each $ 8,00
(b) When installed at different
time, each $10,00
Subscription TV:
(a) When installed at existing TV outlet
or, at same time as primary TV outlet $20,00
(b) When requiring additional outlet,
installed at different time to pri-
mary outlet $15,00
2. u",
Aoar 1;Qn s (BlQc)S a Service to S o mor
Wits)
Primary TV outlet, normal installation Actual Cost
of Labor &
MAteri?1
fr
Additional TV outlets Actual Cost
of Labor &
Material
Primary FM radio outlet, installed
at same time as TV outlet Actual. Cost
of Labor &
Material
Additional FM radio outlets Actual Cost
of Labor &
Material
Subscription TV:
(a) When installed at existing TV outlet Actual Cost
of Labor &
Material
(b) When requiring additional TV outlets Actual Cost
of Labor &
Material
3. TV Dealers and TV Service Dealers
Same as (2) above,
4, Special Installations, Involving Unusual
Problems, Long Cable Runs (over 1501), etc. Actual Cost
of Labor &
Material
B. MONTHLY SERVICE CHARGES
1. Residential
Primary TV outlet, including basic
cannel converter $ 8,00
Additional TV outlets, including basic
channel converters, each $ 2,00
FM radio outlets, each $ 2.00
Subscription TV service, each outlet $10.00
Subscription TV decoder, rental and
maintenance fee, each $ 2,00
2, ~Qmffievqial ,
Aflartmen a, (Block Service to 5 or more
Units)
Primary TV outlet, including basic channel
converter $20,00
Additional TV outlets, including basic
channel convertersa
(a) 2-15 outlets, each $ 7,00
(b) 16-40 outlets, each $ 6.00
(c) Over 40 outlets, each $ 5,00
-22.
Primary FM radio outlet $ 2.00
Additional FM radio outletE:
(a) 2-15 outlets, each $ 1.00
(b) 16-40 outlets, each $ 1.00
(c) Over 40 outlets, each $ 1.00
Subscription TV decoders, rental and
maintenance fee, each $10.00
3. TV Dealers and TV Service Dealers
TV and FM radio outlets Actual Cost
Subscription TV service $10.00
C. OTHER CHARGES
1. Relocation of existing outlet $10.00
2. Reconnection of service to same
subscriber in same location after
prior disconnection of service $10.00
3. Transfer in City $10.00
Section 27-56. STANDARD REVIEW OF RATES
The City Council shall review and approve or disapprove an in-
crease or decrease of rates on the basis of what is fair to the con-
sumer and fair to the system operator and shall be limited to the
following, factors: faithfulness of the operator and abidding by the
terms of the ordinance and franchise; quality of the service, effi-
ciency of the operator; revenues and profits from all services
offered; depreciated original costs of the cable plant and asso-
ciated equipment; and a fair rate of return with respect to the
cost of borrowing the rates of return on investment having corre-
sponding risks, The value of the franchise, goodwill, and the
value of the going concern shall not be advertised as an expense
and the return shall not be paid on any of these values.
Section 27-57, UQUESTS FOR RATE CHANGES
The City and the franchisee may :.quest rate increases or de-
creases at any time. Initial rates shall he fixed in the ordinance
granting the franchise, and the City Council shall not consider
rate increases unti)• system cotstruction has been completed,
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I
Section 27-58, USER CLASSES AND DIVISIONS
Division of users and subscribers and the classes FOR purposes
or rates,
Subscribers may be divided into commercial and residential
classes. Nothing in this provision shall prohibit the reduction or
waiving of charges in conjunction with promotional campaigns for the
purpose of attracting subscribers. Rates for commercial and non-
commercial users of access channels may be established separately.
Nothing herein shall prohibit preferontial rates for non-commercial
users if approved by the City.
Section 27-59. ADVANCE CHARGES AND DEPOSITS
A franchise may require subscribers to pay for each month of
basic service in advance at the beginning of each month, No other
advance payment or deposit of any kind shall be required by fran-
chisee for basic subscribers service. No deposit or advance pay-
ment of any kind shall be charged for the provision of any converter
without prior approval of the City. Nothing in this provision shall
be construed to prohibit charges or waiver of charges for initial
installation or reconnection.
Section 27-60, INSTALLATION AND RECONNECTION
Except as otherwise provided elsewhere in this ordinance, a
franchisee may make a charge to subscribers for the installation
of service outlets and for the reconnection of service outlets.
The rates for such connect'cn or reconnection shall be authorized
by the City as provided in this Article.
Section 27-61, DISCONNECTION
There shall be no charge for disconnection of any installation
or outlet, if any subscriber fai,s to pay a properly due monthly
subscriber fee, or any other proptrly due fee ox charge, the fran-
chisee may disconnect the subscribers service outlet, provided, how-
ever, that such disconnection sha-1 not be et'fect2gd until sixty (60)
days after the due date of said delinquent fee or charge and shall
include ten (10) days written notice of the intent to disconnect
delivered to the subscriber in question. If a subscriber pays sixty
(60) days after paym nt is due and after notice of disconnection has
-24.
been given, a franchisee shall not disconnect. After disconnection,
upon payment in full of the delinquent fee or charge the payment of
reconnection charge, a franchisee shall promptly reinstate a sub-
scribers cable service,
Section 27-62, COUNCIL APPROVAL OF RATES REQUIRED
All changes in rates charged subscribers or users by the fran-
chisee are subject to re•iiew and approval by the City Council pur-
suant to this ordinance before charges made to the consumer. No
rate increase shall be approved until after a full public hearing
has been conducted,
Section 27-63. RECORDS AND REPORTS, NOTICE OF DOCUMENTS
FILED WITH AGENCY
1, ANNUAL REPORTS
No later than March 31 of each year, a franchisee shall submit
a written report to the City, in a form directed by the City Council,
which shall include:
a. A summary of the previous year activities and development
of this system, including, but not limited to, services begun or
dropped, subscribers gain or loss;
b. Copies of the financial statements audited by a certified
public accounting firm acceptable and approved by the City, including
the franchisee's balance sheet, income statement, and working papers
relating to subscriber accounts,
c, A current statement of costs of construction by component
categories;
d. A summary of complaints, identifying the number and nature
of complaints and their disposition;
e. A list of officers and members of the board of the fran-
chisae and the parent corporation, if any;
f, A list of all stockholders t,;iding three (3%) percent or
more of the voting stock of a franchisee and the parent corporation,
if any,
Section 27-64, I14SURANCE AND INDEMNIFICATION
1, Indemnification of City and Franchise Operations It shall
-25-
to expressly understood and agreed by and between the City and
grantee hereunder that the grantee shall save the City and its
agents and employees harmless from and against all claims, damages,
losses, and expenses, including attorneys fees sustained by the City
on account of any suit, judgment, execution, claim or demand what-
soever arriving out of, but not limited to, copyright infringements
and all other damages arising out of the installation, operation or
maintenance of the CJiTV system authorized herein, whether or not any
act or omission com;lained of is a~:thorized, allowed or prohibited
by this ordinance and eny franchise granted hereunder.
2. Owner's Protective Liability Policy: The grantee shall
purchase, and by his acceptance of any franchise granted hereunder,
agrees that it will purchase an Owner's Protective Liability Policy
in the name of the City of Denton.
3. Public Liability Insurance: Grantee shall prccure, furnish
and file with the City a policy of insurance approved by the City
Attorney covering liability and property damage with the minimum
amounts of liability thereunder as follows: $100,000 for any one
single personal injury of any one person; $300,000 for personal in-
jury in ^ny one single accident. TF.e Caty shall require that any
and all investigation of claims made by any persons, firm, or cor-
poration, against the City arising out of any use or misuse of
privileges granted to the grantee hereunder shall be made by, or
at the expense of its insurer.
4. Notice of Cancellation or Reduction of Coverage: The in-
surance policies mentioned above shall contain an endorsement stating
that the policies are extended to cover the liability assumed by the
grantee under the terms of this ordinance and shall contain the fol-
lowing endorsement:
It is hereby understood and agreed that this policy cannot
be cancelled ,>r the amount of coverage thereof reduced
without the prior written consent and approval of the City
Manager.
5. Evidence of Insurance Filed with City Manager: All policies
of insurance or certified copies thereof and written evidence of pay-
ment of required premiums, shall be filed and maLntained with the
-26-
City Secretary during the term of any franchise granted, or any
renewal thereof.
6. No Waiver of Performance Bond: Neither the provisions of
this ordinance nor any insurance accepted by the City pursuant here-
to, nor any damages recovered by the City thereunder, shall be con-
strued to excuse faithful performance by grantee or limit the lia-
bility of the grantee under any franchise issued hereunder.
Section 27-65. USE OF PUBLIC PROPERTY AND CONDITIONS FOR USE
1. A grantee shall first obtain the approval of the City prior
to commencing construction on the streets, alleys, public grounds,
or places of the City. Applications for approval of the construction
shall be in a form provided by the City. A p,rantee shall give the
City written notice of proposed construction at least ten (10) days
prior to such construction so as to coordinate all work between the
City and grantee.
2. A grantee shall trot open or disturb the surface of any street,
sidewalk, driveway, or public place for any purpose without first
having obtained a permit to do so in a manner provided by City ordin-
ance.
3. A grantee shall, at its expense, protect, support, tempo-
rarily disconnect, relocate in the same street or other public place,
or remove from the street or other public place, any property of the
grantee when required by the City by reason of traffic conditions,
public safety, street vacation, street construction, change or estal-
lishment of street grade, installation of sewer, drains, water pipes,
City owned power or signal lights, and tracks or any other type of
structure or improvement by public agency.
4. The grantee's use of existing poles or conduits belonging
to the City of Denton, or the erection or construction of new poles
or conduits shall be governed by a separate Pole Use Agreement,
5, All wires, conduits, cables and other property and facili-
ties of the grantee shall be so located, constructed, installed and
maintained as not to endanger or unnecessarily interfere with the
usual and customr,ry trade, traffic and tr4vel upon the streets of
-27-
public places of the City. The grantee shall keep accurate maps
and records of all its facilities and furnish copies of such maps
and records as requested by the City. A grantee shall not place
poles or other equipment where they will interfere with the rights
or reasonable convenience of adjoining property owners, or with any
gas, electric, or telephone fixtures, or with any water hydrants or
mains. All poles or other fixtures placed in a street shall be
placed in the right of way between the roadway and the property, as
specified by the City.
6. All wires, cables, amplifiers, and other property shall be
constructed and installed in an orderly and workman like manner,
All cables and wires shall be installed parallel with existing tele-
phone and electric wires whenever possible. Multiple cable configu-
rations shall be arranged in parallel and bundled, with due respect
for engineering and safety consideration. All installations shall
be underground in those areas of the City where public utilities
providing either telephone or electric service are underground. In
areas where both telephone and electric utility facilities are above
ground at the time of installation, the grantee may install its ser-
vice above ground with the understanding that at such time as those
facilities are required to be placed underground by the City, the
grantee shall likewise place its services underground without addi-
tional cost to the residents of the City oth..r than as may be granted
under the provisions of this ordinance.
7. The City shall give the grantee reasonable notice of plans
for street improvement where paving or resurfacing of a permanent
nature is involved. The notice shall give the grantee sufficient time
to make any additions, alterations, or repairs to its facilities as
it deems necessary in advance of the actual commencement of the work,
so as to permit the grantee to maintain continuity of service.
7. Requests for Removal or Change; The grantee shall, on the
request of any person holding a building moving permit, temporarily
raise or lower its wires to permit the moving of Paid building. The
expense of such temporary removal, raising or lowering of wires shall
-28-
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be paid by the person requesting the same, and the grantee shall
have the authority to require such payment in advance,
8. Authority to Trim Trees: The grantee shall have the auth-
ority to trim trees overhanging upon streets, alleys, sidewalks,
and other public places of the City so as to prevent the branches
of such trees from coming in contact with the wires and cables of
the company. All trimming is to be done under the supervision and
direction of the City and at the expense of the grantee. The gran-
tee may contract for such services, however, any firm or individual
so retained shall receive City approval prior to commencing such
activity.
ARTICLE VIII
APPLICANT SELECTION PROCESS
Section 27-66. WRITTEN APPLICATION REQUIRED
No license, franc4ise, or renewal thereof shall be issued except
upon written application to the City Council on an application form
prescribed by the City Council. Such form shall contain such infor-
mecion as the City Council may prescribe as to the citizenship and
character of the applicant, and the financial technical and other
qualification of the applicant to operate the system; complete infor-
mation as to its prilicipals and ultimate beneficial owners, including,
in the case of corporations, all stockholders, both nominal and bene-
ficial, owning one (1%) percent or more of the issued and outstanding
stock, and, in the case of incorporated associations, all members and
ultimate beneficial owners, however designated; complete information
on the extent and the quality of service, number of channels, hours
of operation, variety of programs, local coverage, safety measures,
installation and subscription fees; and such other information as the
City Council may deem appropriate or necessary. Such application
shall be signed by the applicant or by a duly authorized representative,
evidence of whose authority shall be submitted with the application,
Each applicant shall make full disclosure of the true ownership of the
applicant and of the equipment to be ea?loyed and rendering service
and of thn source of funds for the purchase, lease, rental and in-
stallation of such equipment, Each applicant shall sat forth as
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completely as possible the equipment to be employed, the routes of
the wires and cables, the area or areas to be served, the approximate
starting and completion dates of construction of the system and the
dates service will actually be available to the areas named.
Section 27-67. PUBLICATION OF APPLICANTS FOR FRANCHISE
The City Council shall after the last date fixed for receipt
of the applications caused to be published in the local newspapers
of general circulation a notice of public hearing, giving the time,
date, places of said hearings, and listing the names of the appli-
cants and inviting public examination of the applicant and the
applications, and inviting testimony on the qualificatons of said
applicants.
Section 27-68. PUBLIC HEARINGS
Public hearings shall be conducte" in accordance with standards
of due process in fairness to applicants and the public, and in
accordance with the FCC rules and regulations and orders and policies
pertinent to such hearing. Each applicant will be notified of the
time and location of his application to be considered,
ARTICLE IX
PROVISION FOR ARBITRATION OF DISPUTES
Section 27-69. BOARD OF ARBITRATION
Any controversy or claim or disputes as to facts arising out of
or relating to this franchise agreement, or to a breach or alleged
1 breach thereof, and expressly made the subject of arbitration by this
1 ordinance, shall be referred to a Board of Arbitration one member to
be appointed by the franchisee and the second member to be appointed
by the City NCB and the third member to be a disinterested party
f` appointed by agreement of the other two members.
Section 27-70. DEMAND FOR ARBITRATION
Demand for arbitration may be made by either party on the other
by written notice sent by Certified Mail, Return Receipt Requested.
Notice of dec,and to the City of Denton shall be served on the City
Secretary, Notice of demand to the franchisee shall be served upon
the president of the franchisee corporation, The demand shall state
' .30.
the controversy or claim and the disputes as to facts.
Section 27-71. JUDICIAL RELIEF FOR PARTIES
On failure of either party to appoint an arbitrator within
fifteen (15) days of notice to him of demand for arbitration, or on
the failure of arbitrators selected by the parties within fifteen
(15) days after appointment of both arbitrators to select a third
arbitrator either party may apply to the District Court of Denton
County, Texas for the appointment of an arbitrator or arbitrators
hereunder by giving notice to the other party, as provided in the
Texas Rules of. Civil Procedure, as amended, governing civil actions
generally.
Section 27-72. BOARD OF ARBITRATION HEARINGS
The board of arbitrators shall hold a hearing on the controversy,
claim or disputes of facts stated in the demand for arbitration, which
hearing shall be within thirty (30) days after appointment of all the
arbitrators, and after fifteen (15) days' notice thereof to both par-
ties given by the arbitrators by Certified Mail, Return Receipt Re-
quested. The hearing may be adjourned from time to time. The board
shall consider evidence offered by the parties relevant to the contro-
versy, claim, or disputed facts, and may swear witnesses. Testimony
shall be taken and transcribed by a reporter, The record of the hear-
ings, the decision of the Board of Arbitrators, and the dissent of
any one of them shall be filed with the City Council. The decision
of the Board of Arbitrators may be rendered by any two of them; and
any one of them may render a dissent. The decision and dissent must
be limited to the controversy or claim and based on findings of fact.
The decision of any two of the arbitrators shall be the decision of
the board and shall be final and conclusive on both parties.
Section 27-73. EXPENSES OF ARBITRATION TAXED
Expenses of arbitration, including, without limitation, costs
of notices and service thereof, fees of arbitrators and of witnesses,
but not of legal counsel, and the cost of taking and transcribing
testimony shall be charged against the party at fault proportionately
betwebn the parties as the board may deem equitable and just.
-31-
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ARTICLE IX
MISCELLANEOUS
If any section, sentence, clause or phrase of this ordinance
is held unconstitutional or void, such unconstitutionality or void-
ness shall not affect the validity of the remainder of the ordinance,
and any portions in conflict are hereby repealed, provided, however,
that in the event that the Federal Communications Commission declares
any section invalid, that sach section or sections will be renegotiated
by the City Council and the Grantee.
SECTION II,
That this ordinan:e shall become effective fourteen (14) days
from the date of its pas3age, and the City Secretary is hereby directed
to cause the caption of tkiis 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 Qgj- day of ,
A. D. 1977.
EL=-IHUGHES. MAXOR
CITY OF DENTON, TEXAS
ATTEST: .y~
CITY OF DENTON$ TEXAS
APPROVED AS TO L F RM:
e:~ LEGACta
1,
A EY, CITY OF DENTON, TEXAS
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Priv A 1977
M'{PY .rJ) J?rl.t'
NO. 8920 rc;,M1' ,•.a Jbl
CITY OF DENTON, TEXAS X IN THE COUNTY COURT AT LAW
vs. X OF DENTON COUNTY, TEXAS
GORDON R. HICK14AN ~ PROCEEDINGS IN EMINENT DOMAIN
JUDGMENT
On this the Z TI day of November, 1977, in the above styled
proceeding came on to be considered the Award of Commissioners filed
with the Judge of the County Court at Law of Denton County, Texas,
on the 19th day of October, 1977, said Award being previously filed
with this Honorable Court.
And, it appearing that the parties have agreed and compromised
this matter, and no objections to such decision will be filed.
And, it appearing that the City will pay the sum of $9,036.00
for the fee simple title to that certain property situated in the
City of Denton, Denton County, Texas, being heretofore described in
the incorporated Award of Commissioners, and attAched hereto as Ex-
hibit A, such sum being a total of the amount of $2,816.00 for the
taking of the property and $6,220,00 for damages to the house; and
the further agreement of the parties that the said Gordon R. Hickman
will have possession of the house and will remove it from the pro-
perty by March 1, 1978.
And, it further appearing to the Court that the sum of Nine
e Thousand Thirty Six and No/100 ($9,036.00) Dollars has been deposited
by Plaintiff in the Registry of the Court, subject to order of Defen-
dants herein, on the 19th day of October, 1977.
It is further ORDERED, ADJUDGED and DECREED that the City of
Denton, Texas do have and recover from the Defendant Gordon R. Hickman
the fee simple title in and to that certain property situated in the
City of Denton, Denton County, Texas, being heretofore described in
the attached Exhibit A, and the same be, and it is hereby vested in
the City of Denton, Texas.
And, it is further ORDERED, ADJUDGED and DECREED, that Defen-
dant Gordon R. Hickman do have and recover from the City of Denton
the said sum of Nine Thousand Thirty Six and No/100 ($9,036.00)
Dollars,
It is further ORDERED that all costs herein are taxed against
• the City of Denton, and that the City of Denton may have its Writ
of Possession. ,ff
RENDERED and ENTERED this the day of November, A. D.
f
1977.
Ori~~r,al S :.~e3 4'Y
1. VY MARTIN 1
RAY RI-I , JUDGE
COUNTY COURT AT LAW
DENTON COUNTY, TEXAS
UPR,lOVVEDD:
PAUL C. IISHAM , CITY ATTORNEY
CITY F DENTON, E S
e
I , i
GORDON R. HICKMAN
.
JUDGMENT - PAGE TWO
EX14IBIT "A"
All tlrict certain lot, tract or parcel of land lying
and being situated in the City ur.d County of Denton, State
of Texas, and being part of the N. It. Meisenheimer survey,
Abst. No. 811, and being hart of Got No. 4 of the Chandler
Addition, an addition to llrc: City/County of Denton, and also
being part of it tract of land as conveyed from Richard
Baird S-!ii th to Gordon It. Ilickm;ur by clued dated February
28, 1975 and recorded in Yola➢le 737, Page 4 of the Deed
Reco.~s of Denton County, Texas, and more particularly des-
cribed as follows;
BE(; INNING at it steel pin for the Southwest corner of
said Hickman tract, said point also being the intersection
of tho North right-of-way line of' Sharman Drive and the
East right-of-way lino of Elm Strout-,
THENCE North along the West bound.ry line of said
Hickman tract, same being the Eost right-of-way line of
Elm Street, it distance of 3.0 feet to a point for a corner;
THENCE Northeasterly it distance of 153.3 feet to a
point for a corner in the East boundary line of said Hickman
tract;
THENCE South along the East boundary line of said
,
Ilickmon tract, it distance of 15.0 feet to a point for it
corner, same being the Southeast corner of said Hickman
tract;
THENCE West, along the South boundary line of said
Hickman tract, same being the North right-of-way line of
Sherman Drive, it distiuice of 152.8 fret to the place of
beginnin-Y and containing 1 408.2 square feet of land, more
or.less ,
In addition the residence located on the remainder of
this tract of land is proposed to be included in the taking.
11 1 OCT 2G 111 6: 37
NO. CITY OF DENTON, TEXAS X PROCEEDINGS IN EMINENT [DOMAIN
VS. X IN
i GORDON R. HICKMAN X DENTON COUNTY, TEXAS
WRIT OF POSSESSION
i
TO Ally SHERIFF, CONSTABLE OR PEACE OFFICER WITHIN THE STATE OF
TEXAS:
I
WHEREAS, on the 19th oay of Octob'..r , 1977 , in
the County Court at Law of Denton County, Texas, the City of
Denton, Texas, in an Eminent Domain Proceeding against
Gordon R. Elickman
was awarded th3 title and possession of the ?roperty described in
Exhibit A attached hereto. '
THEREFORE, you are hereby commanded to seize the property
described in Exhibit A, deliver possession of the same to the City
of Denton, Texas, and place the agents, officers, and employees of
said City in possession thereof.
HEREIN FAIL NOT, and have you this Writ, showing how you have
executed the same, before said Court, at the Courthouse thereof in
the City of Denton, within thirty (30) days from the date of issu-
ance hereof.
WITNESS, Mary Jo Hill, Clerk of the County Court of Denton
County, Texas.
GIVEN UNDER MY HAND AND SEAL OF SAID COURT, at office in the
- '
City of Denton, Texas, this the day of Twelz_
1977 .
MARY 00 HILL, COUNTY CLERK
DENTON COUNTY, TEXAS
BY$
s
EXHIBIT "A"
a
i All Llt,ct c train foL, froct or parcel or load lyini;
and being siLuaLed in the CiL\' crud Cornl,y of f'cnLoll, StaLe
of 'roans, mill bring; part, of the N. II. Ploisenheimer survey,
Abst. l+u. 811, and bcivg p-irl, of Lot ivo. I ill' Lliv Chandler
Addi Lion, ttn Midi Limn LO Lho Ci L•y/Cnunl.y of Denton, and also
being; part, of it Lract or Innrl ns cnnve•yud from Iliclutrd
Baird Smith Lo Gordon It. Ilicltmntt by rlaed dated FebrunrY
28, 1975 and recorded in Volume 737, Pogo •I o{' the Deed
Ilccorcls of Denton County, TQXILS, and more particularly dos-
cribed as follows;
IIEGINNING at it steel lain for Lhc SoatbxosL corner or
said Iliclunrin tract, said point, also being! Lhe inLer•section
~
of the North right-oP-wjr,y litre of Slrermun Drive and Lite
Bust ri g;lt t -o r-w;ry line 1)1, 1;1111 S t r•ec t;
THENCh North along; the West boumlr.ry line of said i
Hicknuut tract, sonr^ being; the Eost right,-or-wily ]file of
Llm 5trevL, a di'',nce of 3.0 feet Lo m point ['or it corner; 1
TIIENCP NortlivasLerl•y rr riistancc of {53.3 I'cet Lo it
point, for a corner in the EitsL boundury line or said Hickman
LrscL;
TIIENCF SoaLit r long; Lhc Fast boond;,r•y line or said
. liickman I,r+rcL, n dt:fnnce of I5.0 {'eel. to It point for It
corner, same being i.:rc Southeast corner of srtid Hickman
It, Lr..c L;
THENCE West, along; the South bonnior•y line of said
llickmon Cruel,, same. b•ringt tha NorLh right-of-way line of
SImrrnnn Drive, it 0islii nev of 1521 .8 re eL Lo the place of
beginning; and contaisting I,•1U8.2 square feel, or land, more
i r less.
In addiLimn Lhe re.sidvitce IocaLed on Lbe rema{ndcr of
Lhis trar.l, of fund is proposed to be included in Lhe taking.
i
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NO. 8921
CITY OF DENTON, TEXAS j IN THE COUNTY COURT AT LAW
VS. OF DENTON COUNTY, TEXAS
LUCILE ALLEN PROCEEDINGS IN EMINENT DOMAIN
JUDGMENT
On this the ~V r day of November, 1977, in the above styled
proceeding came on to be considered the Award of Commissioners filed
with the Judge of th. County Court at Law of Denton County, Texas,
on the 25th day of October, 1977, said Award being previously filed
with this Honorable Court.
And, it appearing that the parties have agreed and compromised
this matter, and no objections to such decision will be filed.
Ard, it appearing that the City will pay the sum of $6,132.40
for the fee simple title to that certain property situated in the
City of Denton, Denton County, Texas, being heretofore described in
the incorporated Award of Commissioners, and attached hereto as Ex-
hibit A, such sum being a total of the amount of $6,132,40 for the
taking of the property.
And, it further appearing to the Court that the sum of Six
Thousand One Hundred Thirty-Two and 40/100 ($6,132.40) Dollars has
been deposited by Plaintiff in the Registry of the Court, subject
to-order of Defendants herein, on the 25th day of October, 1977.
It is further ORDERED, ADJUDGED and DECREED that the City of
Denton, Texas do have and recover from the Defendant Lucile Allen
the fee simple title in and to that certain property situated in
the City of Denton, Denton County, Texas, being heretofore des-
cribed in the attached Exhibit A, and the same be, and it is here-
by vested in the City of Denton, Texas,
And, it is further ORDERED, ADJUDGED and DECREED, that Defen-
dant Lucile Allen do have and recover from the City of Denton the
said sum of Six Thousand One Hundred Thirty-Two and 40/100 Dollars,
I
It is further ORDERED that all costs herein are taxed against
the City of Denton, anti that the City of Denton may have its Writ
of Possession.
RENDERED and ENTERED this the 1--day of November, 1977.
{ai,? ;
J. P.^.Y hi•46u'i
J. RAY MARTIN, J GY-
COUNTY COURT AT LAW
DENTON COUNTY, TEXAS
i
I
JUDGMENT - PAGE TWO
,
!LEFI._..
I;11 o;r 2G A!I & 40
NO. yz I'' i' F L'i l El.
CITY OF DENTON, TEXAS X PROCEEDINGS IN EMINENT DOMAIN
VS. X IN
1 LUCILE ALLEN X DENTON COUNTY, TEXAS
WRIT OF POSSESSION
TO ANY SHERIFF, CONSTABLE OR PEACE OFFICER WITHIN THE STATE OF
TEXAS
WHEREAS, on the 19th day of October 1917 , ir.
the county Court at Law of Denton County, Texas, the City of
Dutton, Texas, in an Eminent Domain Proceeding against Lucile
Allen
was awarded the title and possession of the property described in
Exhibit A attached hereto. ,
THEREFORE, you are hereby commane;gd to seize the property
described in Exhibit A, deliver possession of the same to the City
of Denton, Texas, and place the agents, officers, and employees of
said City in possession thereof.
HEREIN FAIL NOT, and have you this Writ, showing how you have
executed the same, before said Court, at the Courthouse thereof in
the City of Denton, within thirty (30) days from the date of issu-
ance hereof.
WITNESS, Mary Jo Hill, Clerk of the County Court of Denton
County, Texas.
GIVEN UNDER MY HAND AND SEAL OF SAID COURT, at office in the
City of Denton, Texas, this the gaday of4o
19 77 .
hIARY JO HILL, COIRITY CLERK
DENTON COUNTY, TEXAS
BY
EXHIBIT "A"
All that certain lot, trnnt or nnirccl. of land l.y itv; nnrt hr!in,; si bintecl
in the City and County of VenIon, St,, l;e or , "111 1,n9!u' nc.l'L of Qrr'
T. Toby Survey, Ahstrnct 11o. 11'.11^, nnrl brain,; n I r.-IcA of 1-null ar c on'~a,~'rl
from Sam Pavir, Jr. to L'icil.e Allen by riccrl rlnt.,1 ^nd
recorded in Volume 5913, 1'a-n, 732, of U'r. Dr c,1 1 ~ coof 11criton Cotinty,
Texas, ar,•1 more pnrtici 1nrly d^scri.be'1 nr; fol loi..*-.:
BEGINNING at the .outh%'rc st cormn, of .^•rt.tcl lr;il l,, :,n1,1 n?lnt. of
beginning also being the intcrs,cti.on cf ii,r ~nrlt; rt;-hl; of wrrv tier' of
State Highway No. 10 (S),.artnan Drive) and. tho north !•1-,111; of r;+y )_inn of.
i Windsor Drive;
THENCE Ilortlir_a,tcrly n1onr the crc^1; bmiinrlnry li.nn of rnir! !sect.,
same be.Ing Lhr rn 3t. r•i r,! ill of Iin r• f 1^t 11; iil ~rl ( "t~rrln.l
Drive), n cli:t~nc0 of 20.0 frr I. 1:'1 rnivl. !'t,•
TMUTCE, So+ltlm-istRrly, Pn.ri fr,-l l'. n', !,i"t •,n'lr1 I,•, r•rl 1+1
botindary .Line of nni.rl .n^r, b"iil^ !.1,!t ,,11,.11, ilf r,f
n Cllr'tnnrr` ref J5.n tr, n Windsor nrivc,
THENCE ;'outhcaoterly n di:,tnncn of /,n,/+'/ f--!, to not ti: ''ni' n r;o"nil'
j in the cart borindnry line of rsai!1 1:rnct,, r,n10 noinl; bci.nr; YA.115 .forlt'norbi
of the southen3t corner of ;ml.r, trnct;
T1114 M, Sor.ithttcstcrly, al.on the nn3t t+r~,i'r'nr;r i in^ or nI l to-.-iri',
i a distance of 13.35 feet to a point for a cornr,r, ::ain- brain!; the r:o+it.h
east corner of ,aid tram;
VW11CE Hortht'rester1y, -?on- the 1011th i, r 1r1.1;1+', l.i n^ (.f saMe bo nr 'lie north ri1hL or ':r,!y 11.110 of 1•1.1111rn!• ni.i.,r,, ^i i:r+ncr,
er
i 95.0 feet 1:0 thn p].acr, nr be!;iltni.n~,
And contzinin; 1,777.0 squire fact or Inn'i, r,,orc or ter
L..
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DEED RECORDS
NO. 8920
CITY OF DENTON, TEXAS X IN THE COUNTY COURT AT LAW
vs. OF DENTON COUNTY, TEXAS
GORDON R. HICKMAN X PROCEEDINGS IN EMINENT DOMAIN
9$9
JUDGMENT
On this the V day of November, 1977, in the above styled
proceeding came on to be considered the Award of Commissioners filed
with the Judge of the County Court at Law of Denton County, Texas,
on the 19th day of October, 1977, said Award being previously filed
with this Honorable Court,
And, it appearing that the parties have agreed and compromised
this matter, and no objections to such decision will be filed.
And, it appearing that the City will pay the sum of $9,036.00
for the fee simple title to that certain property situated in the
City of Denton, Denton County, Texas, being heretofore described in
the incorporated Award of Commissioners, and attached hereto as Ex-
hibit A, such sum being a total of the amount of $2,816.00 for the
taking of the property and $6,220.00 for damages to the house; and
the further agreement of the parties that the said Gordon R. Hickman
will have possession of the house and will remove it from the pro-
perty by March 1, 1978.
And, it further appearing to the Court that the sum of Nine
Thousand Thirty Six and No/100 ($9,036.00) Dollars has been deposited
by Plaintiff in the Registry of the Court, subject to order of Defen-
dants herein, on the 19th day of OctobeL•, 1977.
It Is further. ORDERED, ADJUDGED and DECREED that the Ci% ? f
Dentnn, Texas do have and recover from the Defendant Gordon R, Hickman
the fee simple title in and to that certain property situated in the
City of Denton, Denton County, Texas, being heretofore described in
the attached Exhibit A, end the some be, and it is hereby vested in
the City of Denton, Texas. 87, . WA AAPV
i
VOL 5 PACE ZO .
vot 871 ~Au 130
And, it is further ORDERED, AnJUDGED and DECREED, that Defen-
dant Gordon R, Hickman do have and recover from the City of Denton
the said sum of Nine Thousand Thirty Six and No/100 ($9,036.00)
Dollars.
It is further ORDERED that all costs herein are taxed against
the City of Denton, and that the City of Denton may 'have its Writ
of Possession.
4 -1y
RENDERED and ENTERED this the day of November, A. D.
1977.
J// NJUDGE
U001UNT COURT 1,T LAW
ENTON COUNTY, TEXAS
APPROVED:
CITY OF EN ON, TE f
DON E. HICKEY-,-v
GORDON R. HICKMAN
r
11RECT COPY, lIHEREBY CERT ~'ihte 8Y
A. D.1Q..
a, Il.(rt.
I~A'aY 1`? tilL,, C;0011 CLEl1K 7 r ,~''~,UC G'OU?:1'Yr 1EX
Po 9e Deputy
•
JUDGMENT - PAGE Two
i~ e~.aco a~~~
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N
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,~c 871 pa13it
ACKNOWLEDGMENT
THE STATE OF TEXAS, BEFORE NIE, the undersigned authority,
COUNTY
In and fir said County, Tens, on this day personally appared._..._J7Ctbn...L.a _21dwe.11_ dn.d.... wife .F_....._..._..._._...
known to me to be the person-a _.....wbose name-S...a kr.eL.._..subscribed to the foregoing instrument, and acknowledged to me that
4 _17
_I9_be_ ___euc'Ped•%"'S1t for the purposes and consideration th-re1 exyr~sxd
Y Nuvenber,
GrVEt~ AND SEAL OF OFFICE, This...... .._W._._.......__ A.D. 19_:1_7...
' f =
De
m.0
n S • y : Notary Publik,._.._............. _ ...............County, Tent
total ~1~}c My Commission Expires June 9
ACKNOWLEDGMENT
THE STATE OF TEXAS, BEFORE ME, the undersigned authority,
.
COUNTY OF_....
in and for said County, Texas, on this day personally Appeared.
known to me to be the persoo___..wbose name __.--subscribed to the foregoing instrument, and zckmowledged to me that
.__.he__.executed the same for the lvrposes and consideration therein expressed.
GIVEN UNDER MY RAND AND SERI, OF OFFICE, This »..»__day of.._._....... A.D.
(L S.) -
_
Notary Publfe,__..._.».._ Texas
My Commission Expires
CORPORATION ACKNOWLEDGMENT
THE STATE OF TEXAS, BEFORE ME, the undenigaed authority,
COUNTY
In and for said County, Texas, on this day personally appeared
_ known to me to be the person and olscer
whose name Is subecribd to the foregoing Instrument and acknowledged to me that the same was the act of the sald....__ _
...M
_ _
a corporation, and that be executed the same as the act of such corporation for the purr.,ses and consideration therein expressed, and In
the capacity therein slated.
GIVEN UNDER MY RAND AND SEAL OF OFFICE, Ills day of................. A.D. 19._.._.».
(43.)
Notary _..._County, Tczas
My Commission Expires June........
THE STATE OF TEXAS,
COUNTY OF..... .
County Clerk of the County Court of sild County, do hereby certify that the foregoi" Lutrumeat of writing daled on
....day of. _ , A.D. 10_. , with Its Certificate of Authentication, was sled for record la my once
on the__.._.___...day rf..... __._.w.».__...Y A.D. 19.._..._., at....... and was d0i recorded thk.......» »
day of. » , A.D. at._..._ _....e -2ack.........._ _M, In the Records of said County, in Vol.
uroe_ _ , On µges.._............
WITNESS my bead and seal of the County Court of sakf County, at my *&a
W....... _.w... r _ _ _ ....._the day and year tan above wet en.
Clerk Cotwty Court. _ . _ _..County, Tema
(L. S.) By. Deputy.
• ~r
~Y
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.►N-N'AhiA\rY UiiU-hn►limnauiSl'opaq4kKAAnovfed,meil. SIANt1N i!•Y,?&) Cs.,G.llu G
VU lAU i7(r0
THE STATE OF TEXAS, Know All Men By These Presents:
County of......._.R.f'i1. 9?1.... I...........
DEED RECORDS
Tat JOHN L. TIDWELL AND WIFE, LINDA TIDWELL
26789
of the County of Denton , State of Texas for and in consideration of
the sum of
-------------------THREE HUNDRED & N01100 ($300.00) DOLLARS,
to tae in~undpaid by the City of Denton, Texas, a Municipal
Corporation
have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Coovey unto the said
City of Denton, Texas, a Municipal Corporation
of the County of Denton , State of Texas all that certain
lot, tract or parcel of land lying and being situated in the City and
County of Denton, State of Texas, and being part of the J. Carter Sur-
vey, Abstract No. 2680 and being a tract of land as conveyed from James
L. Mills and wife, Anna L. Mills to John L. Tidwell and wife, Linda
Tidwell by deed dated July 6, 1973, and rbcorded in Volume 681, Page
263 of the Deed Records of Denton County, Texas, and mope particularly
described as followst
.r .
BEGIW.OTNG at the southeast corner of said tract, same being a point in
the west right of way line of State Highway No. 10 (Sherman Drive);
THENCE north 880 431 west along the south boundary line of said tract
a distance of 3.0 feot to a point for a corner:
THENCE north 290 161 42" east a distance of 85.18 feet to a point for
a corner in the north boundary line of said tract;
THENCE south 850 071 east a distance of 3.0 feet to a point for a corner,
same being the northeast corner of said traett A 1% .
THENCE south 296 101 vast along the east boundary line of said tract,
same being the west right of way line of State Highway No. 10 (Sherman
Drive) a distance of 85.56 feet to the place of beginning and containing
216.55 squaro feet of land, more or less.
The City of Denton agrees to construct a fifteen (151) foot approach
from the southeast corner of property line and running a distance from
curb line on Sherman Drive a distance in length of five (51) foot into
Tidwell property,
TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights and
appl:rtenances thereto in anywise belonging unto the said City of Denton# Texas, a Municipal
Co,:poration, its successors
*Sle$nd assigns forever; and we do hereby bind ourselves, our
heirs, executors and administrators, to Warrant and Forever Defend all and slwp !si me said premises unto the
said City of Denton, Texas, a Municipal Corpordtion, its successors
)Mike and assigns, against every person whomsoever lawfully claiming, or to claim the same, Ir any part
thereof.
Witness our hand at Denton, Texas this 3rd day of
November , A.D. 1977
Witnesses al.Requeatol.Craator......_.._
WEW
JO ~ TF~2C ?a . a.ze.
' IN A TIDWELL
uu..uwur ..................r................ J..........
.
229 West Hickory
Box 518
Denton Texas 76201
817 397 6148
OF-1IFE TITLE Company of Denton
November 3, 1977
Kr. Brooks Holt, City Secretary
Municipal Building
Denton, Texas 76201
Re: 216.55 sq. feet, more or less out of the J. Carter Survey,
A-268 - John Tidwell property
Dear Sir:
We are enclosing OYmerts Title Policy No. 1 311373 which covers
your recent property purchase above mentioned.
If we can be of further service to you in the future, please do
not hesitate to call on us.
Very truly yours,
USLIFE 'T'ITLE CO. Oe DE MZ4
Hy.
Ot PisX:ers
OA/bp
co
wRd. P»mlum
' R-3 1010.00
. SCHEDULE A 1
. I
Amount $300.00 Owner Policy No.: 1 311373
GF or File 4o.: 19006 Date of Policy: November 3, 1977
Name of insured:
CIT" Oe DLiI'ir0ri, 11IMS, a ftunicipal 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 cC land lying and being situated in
the City and County of Denton, State of Texas, and being part of the J.
Carter Survey, Abstract No. 268, and being a tract of land as conveyed
from James L. Mills and )rife, Anna L. Mills to Join L. Tidwell and wife,
Linda Tidwell by deed dated July 6, 19739 and recur ded in Volume 681,
Page 269, of the Leed Records of Denton County, Texas, and more
particularly described as follows,
BEGIN ING at the Southe,st corner of said tract, same being a point in
the West right of wa•f line of State Highway No. 10 (Sherman Drive);
THENCE North 881 43' Hest along the South boundary lira of said tract a
distance of 3,0 feet to a point for a corner;
THENCE North 29° 161 42tt East a distance of 85.28 feet to a point for a
corner in the North boundary line of said tract;
THENCE South 85° 071 East a distance of 3.0 feet to a point for a corner
same being the Northeast corner of said tract;
THENCE South 29° 101 West alo.ig the East boundary line of said traot,
same being the West right of way line of State Highway No. 10 (Sherman
Drive) a distance of 85.56 feet to the place of beginning and containing
216.55 square feet of land, more or less.
Denton USL}FE TITLE INSURANCE Company of Dallas
1901 Mein Street
Dallas. Texas 76202
FOAM ITI I INSE.r a SOM W 6H
SCHEDULE 8
owner Policy No.: 1 311373
This policy is subject to the Conditions and Stipulations hereof, the terms and conditions of the leases or easements in-
cared, if any, shown in Schedule A, and to the following matters which are additional exceptions from the coverage of this
pobry:
1. Restrictive covenants affecting the land described or referred to above.
2 Any discrepancies, conflicts, or shorrvges in area or boundary lines, or any encroachments, or any overlapping of im-
provernen1s.
3. Taxes for the year 19.77- and subsequent years.
4. The following lien(s) and all terms, provisions and conditions of the instrument(s) creating or evidencing said lien(s);
Clone.
5. YAsement dated October 26, 1931, executed by 0. Y. Hardie and wife,
to the State of Texas, shown of record in Volume 239, Page 144, of the
Deed Records of Denton County, Texas.
b. Any portion of the captioned property falling withii4 the boundaries
of any road, street or highway.
7. Visible and apparent easements on or across the property.
.O.M Ifl 1 IMlE.1 ~ HM tf.n
LKIFE TITLE INSURANCE Company of Dallas
Owner Policy
of Title
Insurance GF= 19006
USLIFE TITLE INSURANCE Company of Dallas, DALL: S, TEXAS, a Texas Corporation,
HEREINAFTER CALLED THE COMPANY, for value does hereby guarantee to the herein
named Insured, the heirs, devisees, executors and administrators of the Insured, or if a
corporation, its successors by dissolution, merger cr consolidation, that as of the date hereof,
the Insured has good and indefp3sible 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 defeni against any claims based upon
matters in any manner excepted under this policy by the exceptions in Schedule B hereof or
excluded by Paragraph 2, "Exclusions from Coverage of this Policy,," of the Conditions and
Stipulations hereof The party or parties entitled to such defense ;hat! within a reasonable
time after the commencement of such action or proceeding, and in ample lir,:4 for defense
therein, give the Company written notice of the pendency of the action or proceeding, and
authority to defend, The Company shall not be liable until such adverse interest, claim, or
right shall have been held valid by a court of last resort to which either litigant may apply, and
if such adverse interest, claim, or right so established shall be for less than the whole of the
estate or interest in the land, then the liability of the Company shall be only such part of the
whole liability limited above as shall bear the same ratio to the whole liability that the adverse
interest claim, or right established may bear to the whole estate or interest in the land, such
ratio to be based on respective values determinable as of the date of this policy in the absence
of notice as aforesaid, the Company is relieved from 311 liability with respect to any such inter-
est, claim or right; provided, however, that failure to notify shalt not prejudic= 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 wsr-antor'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
~y<0777•ci warranty of title contained in the transfer or conveyance executed by the Insured conveying
P the estate or Interest in the land, The Company shall be liable under said warranty only by
j llMAY,; o reason of defects, liens or encumbrances existing prior to or at the date hereof and not
r excluded either by the exceptions or by the Conditions and Stipulations hereof, such liability
not to exceed the amount of this policy.
IN WITNESS HEREOF, the USLIFE TITLE INSURANCE Company of Dallas has caused this
policy to be executed by its President under the seal of the Company, but th.a policy is to be
valid only when it bears an authorized countersignature, as of the date set forth in Schedule A.
Pnvdeni 1 Chel E•ecuhre Olhrer -
4aelf Steer\n"'Or Vice P,Vvderrl, Seerelerr erpd r/reSUrer
Aulhonrrd S•p~efure ] _
FOFM 171 1 bOM 1116N
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 properly.
(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":?he effectivedate, including hour if specified
2, Exclusions from It,- Co,,erage 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 dale hereol; and the consequences of any taov, ordinance or governmental regulation including, but not limited to,
building and zoning ordinances.
<< 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 navigabin or perennial rivers and streams, lakes, bays, gulfs or oceans,
or to any land extending from the line of mean low tide to the tine of vegetation, or in lands beyond the line of the harbor or
bulkhead lines as established or changed by nny goverilmen or to hued in lands, or ertif,ciat islands, or to riparian rights, or the
rights or interests of the State of Texas or the public general y 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 easem nt along and across the same
(d) Defects, liens, encumbrances, adverse claims against the 'itle 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 cstcblish the title as insured or both, shall not be con-
strued as an admission of liability, and the Company shall not thereby be held t.r concede liabifity or waive any provision of this
policy.
4. Payment of Loss
(a) Nn claim shall arise or be maintainable under this policy for liability votuntai ily assumed by the Insured in settling any claim
or suit without written consent of the Company.
(b) All payments undel 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 mey 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 IWO, and the amount so paid shall be deemed a payment to the insured under this poticy.
(c) The Company shall hive the option topay 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 shalt vest in the
Company unaff acted 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, shalt transfer to P e
Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation, ono
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 e0on that the Insured may have, or may bang, against the Company, arising out of the status of the
title Insured hereunder, must be based on the provislons of this policy, and all notices required to be given the Company, and any state-
ment In wrking required to be furnished the Company, shall be addressed to USLIFE TITLE INSURANCE Company of Deltas, 130 t
Klein Street, Dallas, Dallas County, Texas 75202.
13. This policy is not transferable
t
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THE STATE Or TEXAS, KNOW ALL MEN BY THESE PRESENTS: i
COUNTY OF DENTON
i DEED RECORDS
THAT
JESSE A. COFFEY
of Dente., County, Texas , in consideration of the sum of ~
Ten Dollars ($10.00) and other good and valuable consideration
j in hand paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by '
these presents grant, baegain, sell and convey unto t%, City of Denton, Texas , the free
and uninterrupted use, liberty and privilege of the passage In, along, upon and across the following r
described property, 27450
owned by me . Situated in Denton County, Texas, In the
Yoachum Survey, Abstract No. 14 42 ,
i i
All that certain tract, or parcel of land situat~?d in
Lot 1, Block 16, singing Oaks Addition, Section 4, City
and County of Dent(,n, Texas, as shown by plat recorded in
j Volume).3, page 217 of the Plat Records of Denton County,
TexifS; said tract being further described herain by
metes and bounds as follows: j
`I Beginni,ig, for the northeast corner of tract heina des-
cribed l,er,:in, at the northeast corner of said Lot 1,
Block 16, Section 4; j
Eli
Thence South 01 decrees 00 minutes West 70.0 feet with the
l east line o*_ said Lot 11 Block 16, section 4;
Thence North Rd degrees 58 minutes West 15.0 feet to a I
1 print;
i
Thence Norte. 01 degrees 00 minutes East 70.0 feet to
the north line of said Lot 1;
Thence South 88 degrees 58 minutes East 15.0 feet to the
place of beginning.
l
And it is further agreed that the said City of Denton ~
In consideration of the benerlts 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 ccnstiruction, repairing and perpetually
maintain^tng a public sewer line 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 sal t
sewer line manholes 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 my hand , this the 1;dday of ~dtuas~(c~ . D. 10
vci 862 rrcE 933
SINGLE ACKNOWLEDGMENT y:( 862 ~Aic 934
THE STATE OF TEXAS, 1
DFnt0l ( BEFORE DIE, the ucderalgned authority,
COUNT: OF
In and for said County, Texas, on this day personally appeared JeE se ...A... Ccffey._-......_......__......_
known to me•trd be the perscm whusc name subscribed to the foregoing instrument, and acknowledged to me
that - he =qFcutell tine eumc fur the purposes and consEderatiun therein expressed,
GIVEN UNDElt MY HAND AND SEAL OF OFFICE, •f Is l day c ~0 W A.P. 197
Notary Public, . KA County, Texas
r
' My Commission Expires i~tr i 197 7
JOINT ACKNOWLEDGMENT =4.
THE STATE OF TEXAS' I BEFORE ME, the under 4gned authority,
COUNTY OF__ 1r
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 consideration therein expressed, and the said
wife of the said _ having been
examined by me privily and apart from her husband, and having the Ban s fully explained to'..er, she, the sold _
_ acknowledged such Instrument to be her act and deed
and she declared that she had willingly afgaed the same for the purposes and consideration therein expressed, and thdt
she did not wish to retract it.
GIVEN UNDER MY HAND AND SF'AL OF OFFICE, This daq A.D. 19.-...
(L,S j
Notary Public, - _.-........County, Texas
My Commission Expires June 1, 19__,_.
WIFE'S SEPARATE ACKNOWLEDGAENT
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 persor whose name is subscribed to the foregoing Instrument, and having been examined by me privily
and apart from her husband, anri having the ,ame fully explalned to her, she, the said
acknowledged such Instrument to be her act en(' deed, and
rho declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did
not wish to retract it.
A
GIVEN UNDER MY HAND AND SEAL OF OFFICE,Thfs dap of , A.D. 19.
(L.SJ .-.....-IL
Notary Public, ..................................................County, Texas
My Commission Expires Jane 1, 19...,.......
CLERK'S CERTIFICATE
THE STATE OF TEXAS, STATE of rFX COUNTY OF DEP10N County
COUNIY
COUNTY OF.........._ I hereby c,rbly m 1 ta, 11 1 1 . it na. 11 ad 9 the
Clerk of the County Court of Bald Coun{y, dodl+tsrnbtnABL1(ty.31A9t cths, tgr*ggldUrv jpalrument of writing dated on the
.....day of ................................_......,.--...,.-.co,di-d Int'DrI19`."IP, kiithltICNAlfQMN of Authentication, was flied for
d Denton County, tenses +ta.+ID' pp her on by me.
record in my office on the day of....... , A, D. 1~._.. , at.,., o'clock M., and duty
recorded thin day of ._-.,......,..,.................,.NP..,.l4.,k• 13.1 19_... , at o'clock M., In the
i ecurds of said County, in Volume . on pages
WITNESS MY HAND AND SEAL 0 ,v
. nd year 1 t a
F TH Y o a t Cou gk office in
' Re fg~
`%a CIIAIh'A~'att6+i'Cuun6ti'fitiM
• County C erk County, Texas.
(L 9J By,_ ......................I Deputy.
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OONTRACNAL AGREDENT
STATE OF TEXAS
X
COUM OF Denton Z
THIS AGREENTM, made and entered into this 16th day of
_ November A.D. 1977 , by and between Parks and Recreation
Department - Bid #8523 P.o.35oIS of the County of Denton
and State of Texas, acting through City of Denton, Texas
thereon o duly authorized so to do, Party of the First Part, hereinafter
termed O;MI R, and Claude Smith Excavation
of the City of Denton County of Denton
and State of Texas , Party of the Second Part, hereinafter
}
termed CONTRACTOR.
WITNESSM : That for and in consideration of the payments and agree-
ments hereinafter mentioned, to be iiade and performed by the Party of the
First Part (01NER), and under the conditicns expressed in bond bearing even
Jaye herewith, the said Party of the Second Part (CONTRACTOR), hereby agrees
with the said Party of the First Part (OWNIL-R) to commence and :omplete the
construction of certain improvements described as follows:
Containing to work at Southridge Park. Grading and shaping
dirt on site for proper drainage and leveling and fine grading.
&?Q#8513 #0 0-14e 3Sa/s
and all extra work in connection therewith, tinder the terms as stated in the
General Conditions of the Agreement and at his (or their) own proper cost
and expense to furnish all the materials, supplies, machinery, ccjui{xnent,
tools, superintendence, labor, insurance, and other accessories aiA services
neco,ssary to completc the said construction, in accordance with the conditions
and prices stated in the
1
Proposal attached hereto, and in accordance with the Notice to Contractors,
General and Special Conditions of 4greement, Plans and other drawings and
printed or written explanatory matter thereof, and the Specifications and
addenda therefor, as prepared by Director of Parks and Recreation,
City of Denton, Texas
herein entit the ENGINEER, each o which as been identified by the CON
TRACTOR and the ENGINEER, together with the CONTRACTOR'S written Proposal,
the General Conditions of the Agreement, and the Performance and Payment
Bonds hereto attached; all of which are made a part hereof and collectively
evidence and constitute the entire contract.
The CONTRACTOR hereby agrees to commence work within fifteen (15) days
after the date written notice to do so shall have been given to him, and to
substantially complete the same within., working days after the date of
the written notice to commence work, s:.:bject to such extensions of time as
are provi4.d by the General and Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the price or
prices shown to the proposal, which forms a part of this contract, such pay-
ments to be subject to tEe General and Special Conditions of the contract.
IN WITNESS WHEREOF, the parties to these presents have executed this
Agreement in the year and day first above written.
I
City of Denton, Texas
Parks and Recreation Department Claude Smith Excavation
ratty of the First art arty o the Second art
(MNE (CONTRACTOR)
By: By:
D Wus rs an Recreation
AttestAttes
g gen
1
In the event of the award of a contract to the undersigned,
the undersigned will furnish a performance bond and a pay-
ment bond for the full amount of the contract, to secure
proper compliance with the terms and provisions of the con-
tract, to insure the guarantee the work until final comple-
tion and acceptance, and to guarantee payment of all lawful
claims for labor perform-d and materials furnished in the
fulfillment of the contract.
It is understood that the work proposed to be done shall be
accepted, when fully completed and finished in accordance
with the plans and specifications, to the satisfaction of the
Engineer.
The undersigned certifies that the bid prices contpined in
this proposal have been carefully checked and are submitted
as correct and final.
Unit and lump-sum prices are shown ip words and figures for
each item listed in this proposal, and in the event of a dis-
crepancy, it is understood that the words shall control.
Claude Smith Excavation
Contr or
By _
Owner
Tit e +
209 Collins Street
Sealed 5 Authorization trees Address)
(if a corporation)
Denton, TX 76201
sty a tote
(817) 381-4622 - 387-4455
(Telephone Nm_bor)
0`22,' Proposal Page No. / of ~ pages
for CLAUDE SMITH EXCAVAYlING
/d
209 Collins Street
DENTON, TEXAS 7620k
Mobile 3874622 Office 387.4455
►eoeo"L susYfnED TO PWME PATE
,Qty of Penton I Oct 25a, Ir)77
Jos NAME
CRY, STATE AND VP CODE M LOCATION -SnuthridEp Park AlegltTECT DATE Of PLANS Joe PHoftE
We hereby submit specifi ations and estimates for.
Containing to work at Southridge Park.
trading and shaping dirt on site for proper drainage
and leveling and fine grading.
100000 c. y. C .85¢ C.Y. t8y500.00
311d f ropos! hereby to furnish melerial and labor - complete In accordance with above specifications, for the sum of:
d An] 1JLrn dotlars(18- 500-011 I.
1o ba InaN 1s OIIOtirs:
AN a+ater41 ► inuirwdeN M be as srttihed. AN uerli M as ea904144 M • IN hi 801411
Manor sons' Ind to standard Practices. Any anerdioa a devuton from above.p.ufrca. Authoritld 2,~
§W IIIMIYY1a a.trs tats win as Ilftnleit only epos match ordors6 and MN bKOmd an signature 54 -,e
Soave shared OW aM about the Isumala. AN asreerneMs cM6Ment upon strAft accidents
air detgd b Iand ow control. owner to carry No, scorns" mod airier awass" Inwrancd. NOla This proposal m be 3 0 days.
o.e when an folly cowed by workmen's Companwtion fncurance. withdfaon by us if not accepted within
AItDP lttltllt• pf rVOP 1181--The above prices, speclacatiooa
and a ilions ata satislaclory had are hereby aceepled. You are 40horited &Enafur -
la do the wolf as apttcibad. hym n! trill a made as outlined above.
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OATH OF OFFICE
I, do solemnly
swear (or affirm) that I will faithful y execute the duties of the
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office of
of the City of Denton, Texas, and will to the best of my ability
preserve, protect and defend the or;titution and laws of the United
States and of this State and the Charter and Ordinances of this City.
Subscribed and sworn to before me the undersigned on this the 2~-
day of 7!! , A.D. 19'7 To certify whfcii
witness my an as sea of office.
I EC T R
CITY OF DENTON, TEXAS
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OATH OF OFFICE
S~U G J,aG~s e do solemnly
swear (or affirm) that I will faithfully execute the duties of the
office of i,tc -1112
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.
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Subscribed and sworn t beiare me the undersigned on this the
day of , A.D. 19-,M. To certify which
witness my an an sea of office.
CITVWCKt T R
CI OF DENTON, TEXAS
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t Bond No. 2762153
SIDEWALK, CURB AND GUTTER BOND
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THE STATE OF TEXAS
COUNTY OF DENTON KNO10 ALL MEN BY THESE PRESENTS:
CITY OF DENTON
That we, BILTEX ENTERPRISES, INC. as principal, and the other
subscribers hereto as sureties, are held and firmly bound unto the City
of Denton, Texas, a municipal corporation, its successors and assigns, at
Denton, Texas, in the sum of One Thousand {$1,000.00} the payment of which
well and truly to be made, we hereby bind ourselves, our heirs, successors,
and assigns, forever firmly by these presents;
WITNESS OUR HANDS ON THIS the 14th day of November A.D.
197 7 .
The condition of the above obligation is such that whereas the said
BILTEX ENTERPRISES, INC. has made application for a permit to construct,
repair and reconstruct sidewalks and/or curbs and putters in the Citv of
Denton, Texas;
NOW THEREFORE, if the said _ BILTEX ENTF,QP_@j_$ES,__),NC. shall do all
work in the construction, repair and reconstruction of any sidewalk and/or
curb and gutter in a good and workmanlike manner, and if the said
BILTEX ENTERPRISES, INC. shall faithfully and strictly comply
with the specifications and with the terms of all City Ordinances, resolutions
and regulations that are now or may be in effect, in Denton, Texas, relating
to the construction, reconstruction and repairs on sidewalks and/or curbs or
gutters, and if the City of Denton shall be fully indemnified and held whole
and harmless from any and all cost, expense or damage, whether real or asserted
on account of any injury done to any person or property in the prosecution of
said work, that may arise out of or be occasioned by the performance of said
work, 5y the principal herein, and if said principal shall without additional
cos* to the person for whom the work was done, maintain all sidewalks, and/or
curbs or gutters, so constructed, reconstructed, or repaired by the said principal
for a period of one year from the date of such construction, reconstruction or
repair, to the satisfaction of the City Engineer, and shall reconstruct or
repair such sidewald and/or curb and gutter to the satisfaction of the said
City Engineer of the City of Denton, Texas at any time within one vear after
the construction, reconstruction or repair of such sidewalk and/or curb or
gutter, upon a ten day notice from said engineer; then this obligation shall
be null and void; otherwise, it shall remain in full force and effect. The
term of this bond shall be for a period of one year from the date hereof.
WITNESS OUR HANDS ON THE DAY, MONTH AND Y AR ABOVE WRITTEN.
BIL ENTERPRISES, IN .
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APPROVED: S ECO INSURANCE OMPANY OF AMERICA
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Surety
ayor Gary B. McElroy, Attorney-in-Fact
APPROVED:
City Attorney
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7^` POWER OF ATTORNEY SAFECO INSURANCE COMPANY OF AMERICA
GENERAL INSUR LANCE COMPANY OF AMERICA
HOME OFFICE: SAFECO PLAZA
RAFECO SEATTLE, WASHINGTON 98185
No 1675
KNOW ALL MIEN by THESE PRESENTS:
That Safeco Insurance Company of America an, General Insurance Company of America, each a Washington
corixiration, does each hereby appoint
---------------W, T. NOWLIN; DON LANCE; J. R. TAYLOR; A. P. WASHBURN; 0. A. ASIMAKIS;
GARY B. McELROY; LINDA F. HUGHES, Fort Worth, Texas----------------------------------
its true and lawful attonrcy(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings
and other documents of a similar character issucd in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, Safeco Insurance Company of America and General Insurance Company of America have each
executed and attested these presents
this 9th day of December 19 76,
wo-111+tsic.. st .n enr eo=oan.swuwr. onisms Nr
CERTIFICATE
Extract from Article VI, Section 12, of the By-Laws of SAFECO Insurance Company of America
and of General Insurance Company of America:
"Article VI, Section 12, FIDELITY AND SURETY BOND.1 the President, any Vice President, and the Secretary shall
each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on
behalf of the company fidelity and surety bonds and other documents of similar character issucd by the company in the
course of its business On any instrument making or evidencing such appointment, the signatures may be affixed by
facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a
facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not
be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of doe Board of Directors of SAFECO Insurance Company of America and
of Gencrtil Insurance Company of America adopted July 28, 1970:
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Artlclk Vl, Section 12 of the By-Laws, and
(ii) A copy of the powerofatturney appointment, executed pursuant thereto, and
(iii) Certifying that said powerof-allorney appointment is in full force and effect,
the signature of the cr rtifying officer may be by facsimile, and the seal of the Company may be a facsimile thereon,
1, Wnt. Halnmerria, Vice President and Secretary of SAFECO Insurance Company of America and of General Insurance
Company of Arlerica, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of
Directors of these corporations, and of a Pewerof-Attorney issued pursuant thereto, are true and correct, and that both the
By-Laws, the Resolution and the Powerof-Allorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of each corporation
this 14th day of November 19 77
CON
°°aPOR~TF e, .,4 ~o
CORPORATE
SEAL SEAL
? 1953 1925
orw~sKt~`'~ hllN'ES1~
5.974 R4 10175 PRIN7E1) .N U.S.A.
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FORT WORTH SAVINGS
November 14, 1977
Mr. Earl Jones
City of renton
Municipal Building
Denton, Texas 76201
Dear Earl:
Fort Worth Savings and National Mortgage Corporation
have agreed on the following conditions concerning
the easement.
National Mortgage Corporation will grant
the easement to the City of Denton and
Fort Worth Savings will install a line
up to 10" in size. Upon completion and
acceptance of the line by the City, National
Mortgage Corporation will reimburse Fort
Worth Savings $15,000 for their &hare of
the cost of said line. In return, Fort Worth
Savings waives its right to collect a pro
rata share of fu;:!re tie-ins by National
Mortgage Corporation.
If you need any further information concerning this matter
please feel free to call me.
Sincerely yours,
Rea C. Morris
Real Estate Investments Officer
RCM/rjb
MAIN OFFICE 300 WEST 7TH STREET i FORT WORTH, TEXAS 76102 * 18171 336.9766
fr rtlonaf
C 4gage
rpporation
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November 10, 1977
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Fort Worth Savings
300 West 7th Street
Fort Wortli, Texas 76102
RE: Sewer Easement, Denton, Texas
Pear Rea:
National Mortgage Corporation of America hereby agrees to grant to
Fort Worth Savings an easement across the land owned by NMCA south
of the Kings Row Subdivision and immediately east of Northwood
Addition 8, Denton, Texas. The easement shall be as described on
the attached documents from Schoell Fields and Associates. Upon
completion of the sewer and its acceptance by the City of Denton,
NMCA will forward to Fort Worth Savings a check in the amount of
$15,000.00 for payment in full for our portion of the sewer expense.
I have talked with Earl Jones the water and sewer superintendent for
the City of Denton and he is forwarding to me the proper documentation
to grant this easement.
Sincer
William E X41~n
Vice President
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4646 N. CENTRAL EXPRESSWAY • P. 0. SOX 6046, DALLAS, TEXAS 16706 • /HONE 214-0224m m
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November Zr 1977
City Secretary
City Hall
Denton, Texas
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NOTICE OF CANCELLATION
Re: Effective: 30 days from date _
Bond No. LPB 252884
Principal: G S L Me- chanical C_cnt_rac_tors
Plumber
Gentlemen:
We have been requested to terminate our liability under the above referred
bond. This is your notice that this bond is cancelled on the above'
effective date.
Please acknowledge receipt of this notice of cancellation.
Yours truly,
M.J. -Parramore {Mrs.)
Assistant Underwriter
cc: G 6 L Mechanical Contractors
408 North Jefferson
Irving, Texas 75061
John C1ickAgenoy
1910 W. Irving Blvd,
Irving, Texas 75061
1820 REGAL ROW, DALLAS, TEXAS 75235 214-634.1900
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Alexander Grant
& COMPANY INTERNATIONAL FIRM
CERTIFIED PUBLIC ACCOUNTANTS ALEXANDER GRANT TANSLEY WITT
November ?8, 1977
The Honorable Elinor Hughes
Mayor of Denton
Denton, Texas
Dear Mayor Hughes:
We appreciate the opportunity to discuss with the City
Staff the requirements of our forthcoming engagement.
In accordance with our understanding, we will perform
certain agreed upon procedures to certain provisions of the lease
agreement (the "Agreement") dated August 26, 1975 between the
City of Denton and Aerosmith Denton Corporation. Our examination
will consist of performing the agreed upon procedures as set
forth on the attached Schedule A to the records of Aerosmith
Denton Corporation for the year ended September 30, 1977. The
purpose of our engagement is to assist you in your evaluation of
the compliance with the terms of the Agreement, and our report
is not to be used for any other purpose. Our procedures will be
conducted in accordance with generally accepted auditing standards
as adopted by the American Institute of Certified Public Accountants.
Since the services rendered are limited to those specific procedures
as set forth in Schedule A, we will not express an opinion on the
financial statements of Aerosmith Denton Corporation or any other
entity.
The procedures specified in the attached Schedule A are
not dfsigned to and cannot be relied upon to disclose defalcations
and other similar irregularities. However, if during the course
of our review such irregularities come to our attention, we will
discuss them, with such representatives of the City as we deem
advisable, to determine what course of action should be taken.
Our billings for the services set forth in this letter
will be rendered for payment on a monthly basis, so that you may
readily relate our charges to the work per.ormed. Based upon
the procedures set forth in the accompanying Schedule A, we
believe that the total fee will not exceed $8,000. If circum-
stances arc, such that it appears that this fee will be exceeded,
we will meet with'you to discuss the course of action to be taken.
ONE MAIN PLACE DALLAS. TX 75250 (214) 748-0100
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The Honorable Elinor Hughes
Mayor of Denton -2- November 28, 1977
If you are in agreement with the terms of this letter,
please sign one copy and return it for our files. We appreciate
the opportunity to work with you and continue our pleasant
association.
Very truly yours,
ALEXANDER GRANT & COMPANY
By
Manager
TWPrescott
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Enclosure
The foregoing letter fully describes the services
required and is accepted by u:;.
CITY OF DENTON, TEXAS
Date /Z- 4 -77
mayor
Schedule A
City of Denton
STATEMENT OF AGREED-UPON PROCEDURES TO BE PERFOR.IIED
TO LEASE AGREEMENT DATED AUGUST 26, 1975 BETWEEN
THE CITY OF DE.NTON AND AEROSNITH DENTON CORPORATION
Reference
to lease
agreement
PART I
F (1) Aerosmith agrees to maintain insurance of at
least $100,000 PD - $100,000/$300,000 liability.
Procedures
(1) Confirm with insurance agent the exist-
enco and coverage of such coverage.
(2) Examine policies and payment for such
and determine if coverage is at least
the specified minimum.
F (2) To comply with laws, pay taxes, obtain necessary
licenses and permits for operation.
Procedures
(1) Determine through discussion with City
personnel, and others as necessary, the
taxes, licenses and permits which would
normally be payable in an operation such
as this. List such items.
(2) If taxes -Are based on internal records,
trace the basis for determining the tax
to source documents end recompute tax.
Where tax is assessed by an outside
source, trace to rendition,
-2-
Reference
to lease
agreement
Procedures
(3) Examine cancelled check, paid receipt
or other documents whim evidence pay-
ment,
F (6) To provide tie-down service to overnight or other
transient aircraft.
Procedures
(1) Determine if facilities are physically
available through inspection.
(2) Discuss with Aerosmith management
whether facilities are actually used
for transient aircraft and document
results of such discussion.
F (10) To operate a flight school and have at least one
suitable training aircraft.
Procedures
(1) Determine through inquiry and inspection
that a school is operated and a training
aircraft is maintained.
(2) Determine ownership of training aircraft
t
by examination of title.
F (11) To operate a new aircraft dealership on this airport.
-3-
Reference
to lease
agreement
Procedure
(1) Determine through inspection and inquiry
that such a dealership is maintained.
F (12) To operate an a/c and a/c engine repair shop -
employ an A&P licensed mechanic,
Procedures
(1) Determine through inspection and inquiry
that such a repair shop is maidtained.
(2) Determine that licensed A&P mechanic is
employed and has been thrcughout year.
Examine license. Trace individual to
payroll records.
F (13) To provide gasoline and other petroleum distillates,
stored in underground fuel tanks.
Procedure
(1) Determine existence through'inspection.
F (14) To provide vending machines.
Procedure
(1) Determine existence by physical inspec-
tion.
-4- '
Reference
to lease
agreement
PART III
Rental cost will be $625 per month plus:
(A) 2Q per gallon on all fuel sold except -
jet fuel sold in the first 24 months of lease
(signed 9/1/75) and fuel used by Aerosmith
its affiliates and subsidiaries.
(B) 5% of the cash receipts from aircraft
storage in hangers.
(c) 1/12th of annual insurance cost to City on
hangers and T-hangers.
Procedures
(1) Obtain Aerosmith's report for period
submitted to the City and test footing
and extension. Trace the payment of
the base rent to the City's records.
(2) Obtain or prepare a schedule of fuel
purchases, by gallons and dollars, for
the year ended September 30, 1977.
(a) Agree dollar amounts of purchases
to the general ledger.
(Wi Examine, ou a test basis, invoices
or other supporting documents of
the schedule as to both dollars
and gallons,
-5-
Reference
to lease
agreement
Procedures
(3) Obcain Aerosmith',; daily fuel sales
logs and, on a test basis, test the
footing. Test compilation of daily
sheets to monthly summary included in
report to City.
(a) On a test basis, compare individual
items to sales invoice to test number
of gallons sold.
(b) Test the invoices to determine if
numerical sequences are complete.
On a test basis, trace fuel sales
per invoices to the daily log to
a
determine completeness of log.
(c) On test basis, determine that
exempt sales are for Aerosmith's,
or affiliates, use by examination
of supporting documents as to
ownership of plane filled and
reason for use.
(4) Obtain or prepare invenl v analysis of
fuel, by gallons, showing beinning
inventory, purchases, sales and ending
inventory.
-6-
Reference
to lease
agreement
Procedures
(a) Determine, on a test basis, if amounts
purchased and sold agree to amounts
previously determined by examination
of purchase and s.,Ies documents.
(b) Obtain a copy of beginning and
ending fuel inventories (taken
monthly) and compare to analysis
above,
(c) Test the accuracy of the monthly
fuel inventory by observing the
inventory as of the latest practical
date and comparing with the last
monthly inventory adjusted for
intervening purchases and sales.
(d) On a test basis, recalculate the
rental payment due and compare
with the amount remitted to the City.
(5) Determine, through physical inspection,
the number of hangers available for
rental. Obtain a price list of rentals
for each hanger.
-7- ,
Reference
to lease
agreement
Procedures
(6) Determine from Aerosmith's records the
occupancy status of each hanger for the
period under review. Note the name of
the lessee. Verify the period and rental
by examination of rental agreement.
(a) On a test basis, verify that
rentals have been billed (charged)
to the appropriate customer account.
(b) On a test basis, (1) determine when
cash is collected and applied to
the above accounts and (2) determine
that the cash collection of the
rentals is included in the summary
supporting the report to the City.
(c) On a test basis, choose various
days and verify that all cash
received and deposited is applied
to the appropriate rental account.
(d) Recalculate the renta?, due and
compare the amount to amounts
reported to the City.
s
-8-
Reference
to lease
agreement
PART IX
Aerosmith will build a minimum of 33 T-hangers - con-
struction to begin within six months, completed by
18 months from lease date (September 1, 1975).
Procedures +
(1) Determine: from City records the number
and location of available T-hangers at
inception of lease.
(2) Determine number of T-hangers now
available by inspection of facilities.
(3) Examine support for date of start of
construction and date construction was
completed.
PART XVI
Lease may not be assigned without consent.
Procedures
(I) Determine through inquiry of management
if such an assignment has been made.
(2) Obtain Corporate minutes and read to
determine if debt or lease approval
is indicated.
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CITY OF DENTON
MEMORANDUM
TO: Chris Hartung, City Manager
FROM: Tom Hart, Administrative Assistant
DATE: November 29, 1977
SUBJECT: Parking Report
As you requested, I contacted other cities in Texas with universities
to determine what their policies were regarding parking around their
universities. Listed below are the cities that I contacted and the
information that I acquired from each of these:
Arlington - The City does not allow parking on City streets in and
around the university. Cars that are parked are towed
away. UTA enforces this ordinance.
College Station - College Station does not allow parking on some
residential streets around the university. This is pri-
marily within the first block of the university. The City
enforces these no-parking zones.
. Nacogdoches - The City does not allow parking on certain streets
throughout the campus area. They do allow free parking
on other streets. The streets that they allow free park-
ing on are primarily minor streets.
Lubbock - Lubbock does not allow parking on their main City streets
through the campus area. The university maintains the
streets within the campus. The City does have one large
parking area on the campus which is for the Civic Center.
The school does charge for stickers that allow the students
to park on this lot. The school gets all revenue from this
parking lot. The City prosecutes and gets ill fines that the
university police give.
Commerce -Commerce allows free gratis parking on streets throughout
the campus area. The City enforces traffic in these areas.
The City is considering going up on the parking tickets that
they issue to the same amount as the university. As it stands
now, the university has a much higher fine for parking tickets
than what the City charges.
• University Park - University Park doesn't regulate parking on the streets
in and around the campus area. The Mayor is considering re-
commending two-hour parking in this area, however. This is a
major problem for this City.
If you would like more information in greater detail about any of these
communities, I will be glad to contact them for further information.
TOM HART
CITY of r)r VTOra
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Chris ftartung, City Manager
FROM: Robert M. Mills, Chief of Police
DATE: November 1, 1977
SUBJECT: Study of 7arM .,g and Traffic Enforcement in the
Area of North Texas State University
EN-M' RC04W BY N. T. S. U. POLICE
On Street Red Decal Parkin
The N.T.S.U. Poli,7~-- currently control four hundred (400) red decal
parking spaces located on city streets. They issue red parking decals
at a rate of one half space per vehicle. A total of eight hundred (800)
decals are issued for these four hundred (400) spaces. Red decal holders
may either park in one of the on-street spaces or they may park in
red decal parking lots owned by the University. In addition to the frrar
F hundred (400) on-street parking spaces, N.T.S.U. proviics three thousand
• five hundred and ninety (3,590) red decal parking spaces on campus.
1
N.T.S.U. issueF red parking decals for $10.00 each. They issue
eight hundred (800) decals per semester for on-street parking resulting
in $16,000 income per year. This income goes into the N.T.S.U. parking
fund, which is spent for maintenance on all N.T.S.U. parking facilities.
Income that N.T.S.U. receives frcci red decal on-street parking tickets
is unavailable but an estimated amount will be available at a later
date.
City Controlled Parking and Traffic
N.T.S.U. Police also help enforce City controlled parking in the
University area. Their enforcement efforts, during the past fiscal year
resulted in 1,334 City parking tickets with approximately $800.00 going
into City coffers. They wrote six hundred twenty nine (629) hazardous
and nonhazardous traffic citations resulting in a revenue for the City
of $7,550. The total City revenue from, the enforcement efforts of N.T.S.U.
was $8,350.
• Note. City parking tickets are figured on a 308 face value collection rate
and trafficocitations on a 808 face value collection rate.
Cost of N.T.S.U. Enforcemnt
Involved in the cost to N.T.S.U. for parking and traffic enforcement
is $21,000 for salaries of two (2) officers. One (1) officer is utilized
for` y`F'iift and one (1) for evening shift. Training cost and maintenance
on vehicles and equipment costs the University $11500, and maintenance
oofr curbs, ; painting signs and striping costs $1,000 for a total of $2.5,500
- 2 -
ENT r4CDEW BY CITY OF DENMN
Parking and Traffic
If 100% collections were possible on all parking tickets and all
• traffic citations, the annual city income would be $12,000 for parking
tickets anO.$9,500 for traffic citations for a total i~com~e of $21,500.
However, a more realistic projection of collectable parking fines is
30% of the face value of the ticket and 80% of the face value of
traffic citations.
If one (1) officer was hired for the extra burden of parking enforce-
ment and this officer wrote twenty five (25) parking tickets per day the
income based on the 30% collectable figure would be $3,600 per year.
This figure was obtained by the officer working two hundred forty days
(240) days per year. (365 minus vacation and regular days off). One
half of the officer's time is spent writing parking tickets and the re-
maining time on traffic enforcement. It is projected that traffic en-
forcement would generate $7,550 in traffic fines, totaling $11,150 in
revenue.
Cost of City Enforcement
4
As it would be necessary to hire one (1) additional police officer
to enforce parking and traffic laws in the N.T.S.U. area, the City's obliga-
tion would be $12,198. The training required for the new officer would
cost $3,000. An ditional police car would be $4,500 and the vehicle would
requireapproximately $1,000 per year in maintenance. Maintenance of curds,
painting, and stripingw 1 cost approximately $1,000 per year. One fourth
of the working time of a court clerk would be required, at $1,389 annually,
to keep up with the additional paperwork. The entire oast to the City
for this additional enforcement totals $2.1,087 annually.
If more than 30% collection of parking tickets and 80% of traffic
citations is expected, the City will have to add one (1) full time court
clerk at an additional expense of $4,165 per year. Also, two (2) officers
would be needed instead of one (1) additional officer, the second to serve
additional warrants. This would constitute an additional $12,198 per year
which world alter the total city expenditure for enforcement to 39,450
per year.
Hopefully, this information will be adequate for your study. if you
need further facts, please contact me.
ftsrectfully,
J
1Y 1, 't,
•
?44ert ~I. Mills
Chief of Police
WPj
N.T.S.U. ENFORCEMENT
1. Income from on-street red decal parking $16,000 per year
allowing 1/2 parking space per vehicl
400 actual spaces (1/2 space per vehicle = 800 spaces sold per semester)
@ $10.00 each.
• 2. Income is spent for maintenance on all N.T.S. U. parking
facilities as funds are placed in N.T.S.U. parking fund.
3. Cost of N.T.S.U. Enforcement $25,500 per year
(A) Salaries of two (2) officers - $21,000
(B) Training costs, maintenance
on vehicles and equipment - $ 3,500
(C) Maintenance of curbs, painting
signs and striping - $ 10000
4. Income to City $ 8,350
(A) 1,334 City Larking Tickets - $ 800
(B) 629 Traffic Citations - $ 7,550
CI'T'Y ENFORCEMENT
1. Projected Income $11,150 per year
(A) Parking Tickets (6,000) - $ 3,600
Based on 25 tickets per
• day 240 working days
(365 less vacation and
regular days off)
(B) Traffic Citations (629) - $ 7,550
2. Cost of City %nforcement $23,087 per year
(A) Salary of one (1) officer - $12,198
(B) Training - $ 30000
(C) One (1) Vehicle - $ 40500
(D) Vehicle Maintenance - $ 1,000
(E) Maintenance of Curbs - $ 11000
painting signs & striping
(F) One (1) court clerk - $ 1,389
1/4 time
Notes All income besed on 30% collection for parking tickets and 80% collection
for traffic citations.
•
i~
e ~
f
DEED RECORDS Val YAGF
THE STATE OF TEXAS, 11NOW ALL DIEN BY THESE PRESENTS:
COUNTY OF DENTON
1~. THAT HENRY S. MILLER CO., TRUSTEE
of Denton County, Texas , in consideration of the sum of
One Dollar ($1.00) and other good and valuable consideration
I
in hand paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by
these presents grant, bargain, Bell 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, 28346
i
i
i owned by it . Situated in Denton County, Texas, in the i
j F. Batson
` Survey, Abstract No. 43
All that certain lot, tract or parcel of land lying and being situated in t
City and County of Denton, State of Texas, and being part of the F. Batson r-
vey, Abstract No. 43, and also being part of a tract of land as conveyed fro
Archie C. Payne, et al to Henry S. Miller Co., Trustee by deed dated and re7
corded in Volume 738, Page 113 of the Deed Records of Denton County, Texas,'
and more particularly described as follows: f'f
BEGINNING at the southwest corner of said tract, same being a point in the f
east right of way line of interstate 35, also being the northwest corner of
a tract of land conveyed from Robert E. Ballew, et al to Carlo J. Farina, J y
et al by deed dated November 30, 1972, and recorded in Volume 611, Page 114 1
of the Deed Records of Denton County, Texas;
THENCE north 6° 01' west along the west boundary line of said txact same be-
ing the east right of way ine of interstate 35 a distance of 8.09 feet to
point for a corner;
THENCE south 87' 30" east 8 feet north of and parallel with the most southe
south boundary line of said tract a distance of 1488.86 feet to a point fore'
corner in the most southerly east boundary line of said tract;
THENCE south 2° 24' 10" east along the most southerly east boundary line of
said tract a distance of 8.03 feet to the most southerly southeast corner o
11said tract;
THENCE north 870 30' west along the most southerly south boundary line of sa'd
tract a distance of 1488.35 feet to the place of beginning and containing
11,914.36 square feet of le-rid, more or less.
Said easement is conditioned upon (1) the City of Denton including the abov
described property within the proposed one hundred fout (1001) wide Windsor
Street right of way when said street is extended along this easement and 1,2)
that the City of Denton will pay for all relocation of utilities resulting
from the construction of Windsor Street along this easement. (,44 kY)
And it is further agreed that the said City of Denton, Texas
i In consideration of the benefits above set out, will remove from the property above described, such fences,
buildings and other obstructions as -nay now be found upon said property. a
For the purpose of constructing, installing, repairing and perpetually
maintaining public utilities in, along, upon and
across Bald premises, with the right and privilege at all times of the grantee herein, his or its 4gents,
employees, workmen and representatives having ingress, egress, and regress in, along upot. 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, Texas as aforesaid for
the purposes aforesaid the premises above described.
Witness our hand , this the 17, 4 day of Novembe , A. D. 19 77•,
_0_9J. Dqdm =9 HFNRY .:0 TRUSTEE
RIGHT OF WAY NT
VOL 804 fit( 317
1
ISINGLE ACKNOWLEDGMENT vx 864 aa318
THE STATE OF TEXAS, 1 BEFORE ME, the undersigned authority,
COUNTY OF _..DALLAS._ r
in and for said County, Texas, on this day personally appeared __.._.Iigt1Y. _.S.r_.Mil-ler CQy
~ Y ~ ,-Trustee- i
- - -
& Officer _
known to m> .{e•bc tMF person whose name is subscribed to the foregoing instrument, and acknowledged to me
that he ex)cuted,tbe some for the purposes and consideration therein exna ed.
GIVEN UNDER IIY HAND AND SEAL OF OFFICE, Th' day of . Novemher , A.11. 19 77
Notary Public, .Dallas.... County, Texas
My Commission Expires June 1, 19
JOINT ACKNOWLEDG31ENT
THE STATE OF TEXAS, J BEFORE ME, the undersigned authority,
COUNTY OF_ J
in and for said County, Texas, on this day personally
and
his wife, both known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged
to me that they each executed the same for the purposes and consideration therein expressed, and the said.. _
- , wife of the said . having been
examined by me privily and apart from her husband, and having the same fully explained to her, she, the said-, _ .__..._._......_......._he__ ackaow•iedged such instrmtent
to be her act and deed
and she declared that she had willingly signed the same tot t purposes and consideration therein expressed, and that
she did not w•ibh to retract it.
GIVEN VNDER MY HAND AND SEAL OF OFFICE, day of_- A.D. 19.-._..
Notary Public, Texas
My Commission Expires June : 19__.....
WIFE'S SEPARATE ACKNOWLEDvMENT
THE STATE OF TEXAS, l BEFORE ME. the undersigned authority,
COUNTY OF _ _ _ . f
In and for said County, Texas, on this 6y personally appeared.. .
m..... . _ n. . wife of
o wn to e to be the person whose ame is subscribed to the foregoing instrument, and having been examined by me privily
kn
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
the declared that she had willingly signed the acme for the purposes and consideration thereln 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 Commission Expires June 1, 19..........
CLERK'S CERTIFICATE
THE STATE OF TEXAS, 1'....... , County
COUNTY OF....._._............ ..I CO lun 9F 9ENittit....... ,
UIr1Y ~;tERK, Derun Counly, ie+as
Clerk of the County Court of said County, do hereby certify, thptet4ttRrWy@Nif>l1,{ryytpyl94R4,ufnv3Jttdrtgedated ,'on the
day of.............. A. D. 19-...9't; V*h' lta'CdttidCA' U"Adtl'iA'FIPAW was filed for
to d d n h_r I Tic ai d Qp+g: et me n unto ricordw h[.
record in my office on the..... day of....._..._ .........................---of Dt~m160, lezavaa!tamP d hA',496~me. . and duly
recorded this day of A. D. 19 o'clorl. _ . M, in the
. Records of said County, Mu a , on pages....
411 0 Ax County, at office In.......... .._...........r
WITNESS MY HAND AND SEAL OF THE COUNTY COURT
_ the day and year st►b wA11A C f • ,
7r( .
County Gg"Tj. psnkateuPq, ieasCountq, Texas.
(L.S) By....__ Deputy.
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THE STATE OF TEXAS, r~ 864 iAM
' COUNTY OF DENTON l ILNO V ALL MEN BY THESE PRESENV: ,
f
THAT HELEN A. BOTH j j
RECO
of Denton County, Texas [`E0WS
in consideration of the sum of ~ j
and other good and valuable consideration
in hand paid by City of Denton receipt of which is ha.eby acknowledged, do by
, the free
these presents grant, bargain, sell and convey unto to City of Denton 28345
and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following
described property,
I'
~ owned by me .Situated in Denton County, Texas, in the
i
N. H. Miesenheimer Survey, Abstract PTo. 811
All that certain lot, tract or parcel of land lying and being situate4 in the City and
County of Denton, State of Texas, and being part of the N. H. Miesenheimer survey,
Abst. No. 811, and being part of a tract of iarld as conveyed from A. E. Sadau, et al to
Helen A. Borthand Grace M. Borth by deed dated August 11, 1949 and recorded in Volume
353, Page 490 of the DE-_d Records of Denton County, Texas, and more particularly de-
scribed as follows:
BEGINNI"tG at the southwest coroer of said Borth tract, said point of beginning also
being the intersection of the rorth right-of-way line of Sherman Drive and the east
right-of-way line of Locust Street;
THENCE north, along the west boundary line of said Borth tract, same being the east
right-of-way line of Locust Street, a distance of 6.0 feet to a point fora corner;
THENCE east, 6.0 feet north of and parallel with the south boundary line of said Borth
tract, same being the north right-of-way line of Sherrwn Drive, a distance of 10.0
feet to a poont for a corner in the east boundary line of said Borth tract;
THENCE south along the east boundary line of said Borth tract, a distance of 6.0 feet
to a point for a corner, same being thc- southeast ;orner of said Forth tract;
THENCE west along the south boundary line of said Borth tract, same being the north
right-of-way line of Sherman Drive, a distance of 160.0 feet to the place of beginning
and containing 960.0 square feet of land, more of less.
And It Is further agreed that the said City of Denton
in consideration of the benefits above set out, will remove from the pr>perLy above described, such fences,
buildings and other obstructions as may now be found upon salO, property.
Forthe purpose of constructing, installing, repairing, and perpetually maintaining
public utility facilities 11j, along, upon and
across said premiser. with thi 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 utility facilities.
any yart thereof.
TO HAVE AND TO HOLD unto the said as aforesaid fnr
the purposes aforesaid the premises above described.
1ij inees MY hand , this the J y"WR day of
SINGLE ACKNOWLEDGMENT
THE. STATE OF TEXAS, BEFORE 111E, the undersigned authority,
COUNTY OF DENTON
In and for said County, Texas, on this day personally appeared Helen A. Borth
knwy iX; mcgq he th/'&?jrson whose name is subscribed to the foregoing instrument, and admodrledged to me
thq)~ he cxc~tec the aame for the purposes and consideration therein expressed.
!..:GIVEN U:\D F.Iy IILY I[AND AND SEAL OF OFFICE, This I2S.-L~- of n~r{ P, lp
cp
Notary Put lic, _$ss~ 74e---'
County, Te'.as
My Commission Expires June 1, 1979
JOINT ACKNOWLEDGMENT
THE STATE OF TEXAU, BEFORE MP, the undersigned authority,
COUNTY OF _
in and for said County. Texas, on this day personally
- and----.-
his wife, both kno.:n to me to be the persons whose names are subscribed to the foreguing instrument, and acknowledged
to me that they each execrited the same for the purposes and consideration therein expressed, and the said
_ - wife of the said.... . ..-----.having been
examined by we privily and apart from her husband, and having the some 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.
r.IVEN UNDER MY HAND AND SEAL OF OFFICE, This..--___.._. day of.-_- , A.D. 19___..
( L.S.)
Notary Public, Texas
My 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
'name _ „ , wife 9(
t"ow"n to mo to be' the person whose name is subscribed to the foregoing Instrument, and haling been examined by me privily
t and apart from her husband, and havinh the same fully explained to her, she, the said .
„ _ acknowledged such instrument to be her act and deed, and
phideclared. t,kut ,%bi had willingly signed the same for the purposes and consideration therein expressed, and that she did
no w'Ieh to reyac s .
GIVEN UNDER MY HAND AND SEAL OF OFFICE,This................ day of , A.D. 19...........
Notary Public . ..........................................................County, Texas
My Commission Expires June 1, 19
CLERK'S CERTIFICATE
THE STATE OF TEXAS,....... County
COUNTY OF................. MFOF S COUNTY OF EWO
Clerk of the County Court of said County, do hereby certify thatCbbM1fo tn~ ~t ~nt(eo %wn sng dated on the
day of A. D. ]fib hereby VIVY (hf me►tifltatatfnkullren4ieallon, was flied for
record In m office on the day of date snA tijn^e~ is~g ed he eo py me and gel QA'8' X, and duly
7 Y carded 1119 61 A1la A A A 0 of 16e"rSmed ,041
recorded this ...................day of......... f.Otaloa flunr), WAS es.:feap,d hereon tq'PdQck M., in the
. Records of said Count y,0.V , on pages....--........-..
6i ftm)97T.........
Wn'NESS MY HAND AND SEAL OF THE COUNTY COURT of Bald ounty, at office in
the day;and y bovp,Lvritten. (f,
J~ n
C0 a rk ; C04'ty, Texas.
(L R) ` By ;~94yn SIAM
1'7 111.
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po i I i ~R
fWa ~ 4. ~ ~f] Gr 3
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Itii i,
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LIN Vol YA6E
r .
VfA 864 w9=2
QUIT CLAIM WITH EASEMENT RETAINED
DEED RECORDS
THE STATE OF TEXAS I
KNOW ALL TEEN BY THESE PRESENTS:
COUNTY OF DENTON x 28725
That the City of Denton, Texas, a Municipal Corporation of
the County of Denton and State of Texas, for and in consideration
of the.sum of Ten and No/100 ($10.00) Dollars and other good and
valuable consideration to it in hand paid by the First United
Methodist Church of Denton, Texas, of the County of Denton and
State of Texas, the receipt of which is hereby acknowledged, do,
by these presents, BARGAIN, SELL, RELEASE AND FOREVER QUIT CLAIM,
SAVING AND EXCEPTING THE EASEMENT DESCRIBED BELOW, unto the said
First United. Methodist Church of Denton, Texas, its heirs and
assigns all its other right, title and interest in and to that
certain tract or parcel of land lying in the City and County of
Denton, State of Texas, described as follows, to-wit:
All that certain lot, tract or parcel of land lying and being
situated in the City and County of Denton, State of Texas, and
being part of the W, Loving Survey, Abstract No. 759, and being
part of the Original Town of Denton, Texas, and being more par-
ticularly described as follows:
BEGINNING at a point in the south right of way line of Mulberry
Street, said point of beginning being 150.0 feet east of the
northwest corner of Lot 1, Block 23 of the Original Town of Denton,
Texas, and also being the intersection of the south right of way
line of Mulberry Street and the west right of way line cf Austin
Street;
THENCE east along the south right of way line of Mulberry Street
a distance of 50,0 feet to a point for a corner, same being the
northwest corner of Lot 2, Block 23 of the Original Town of Denton,
Texas, and also being the northwest corner of a tract of land con-
veyed by Denton Independent School District to the Trustees of
First United Methodist Church by deed dated August 26, 1976, and
recorded in Volume 801, Page 484 of the Deed Records of Denton
County, Texas;
THENCE south along the west boundary line of said Lot 2, Block 230
same being the east right of way line of Austin Street passing at
150,0 feet the southwest corner of said Lot 2, Block 23, same be-
ing the northwest corner of Lot 5, Block 23 of the Original Town
of Denton, Texas, and continuing south a total distance of 300.0
feet to a point for a corner, same being the southwest corner of
said Lot S, Block 23 and lying in the north right of way line of
Sycamore Street;
THENCE west along the north right of way of Sycamore Street, a dis-
tance of 50.0 feet to a point for a corner, same being the south-
east corner of Lot 6, Block 23 of the Original Town of Denton,
Texas;
THENCE north along the west right of way line of Austin Street,
same being the east boundary line of said Lot 6, Block 23, pass-
ing at 150.0 feet the northeast corner of said Lot 6, Block 23,
same being the southeast corner of the aforementioned Lot 1,
Block 23 and continuing north a total distance of 300.0 feet to
the place of beginning and containing 15,000 square feat of land,
more or leas.
PROVIDED, that the above described tract is hereby vacated
and abandoned only in so far as any right, title or interest may
be vested in the public as a public street, but it is expressly
made a part of this deed that a water line easement, and public
walkway easement is expressly retained by the City of Denton the
same as if an easement were granted therefore to the City of Denton
and the citizens by the owner thereof with all rights of ingress,
egress and regress in, along, upon and across same being retained
by the City of Denton until such uses therein are abandoned by
separate action, said easement being more particularly described
as follows:
BEGINNING at a point in the south right of way line of Mulberry
Street, said point of beginning being 161.0 feet east of the
northwest corner of Lot 1, Block 23 of the Original Town of
Denton, Texas;
THENCE east along the south right of way line of Mulberry Street
a distance of 16.0 feet to a point for a corner;
THENCE south a distance of 300,0 feet to a point for a corner in
the north right of way line of Sycamore Street, said point being
27.0 feet east of the southeast corner of Lot 6, Block 23 of the
Original Town of Denton, Texas;
THENCE west along the north right of way line of Sycamore Street,
a distance of 16,0 feet to a point for a corner;
THENCE north a distance of 300,0 feet to the place of beginning
and containing 4,800 square feet of land, more or less,
TO HAVE AND TO HOLD the said premises, together with all and
singular the rights, privileges and appurtenances thereto in any
manner belonging unto the said First United Methodist Church of
Denton, Texas, its heirs and assigns, ii-ever, so; that neither
the said City of Denton, nor its successors, nor, any person or
persons claiming under it shall, at any time hereafter, have,
claim or demand any right or title to the aforesaid premises or
appurtenances, or any part thereof, except for the utility and
public walkway purposes provided herein.
von 864 au'vTJ
QUIT CLAIM DEED WITH EASEMENT RETAINED - PAGE TWO
1
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• y
1 ,
YGl 864 w934
,
WITNESS my hand this the day of
A. D. 1977.
CITY OF DENTON, TEXAS
BY: L'
E R l k7MS , MWT 0 R
CITY OF DEMON. TEXAS
"00A
'Z9TY
OLTSECRETARY
CITY OF DENTON, TEXAS
THE STATE OF TEXAS
COUNTY OF DENT]N 7
BEFORE ME, the undersigned authority, in and for said County,
Texas, on this day personally appeared Elinor Hughes, Mayor of the
City of Denton, Texas, known to me to be the person and officer
whose name is subscribed to the foregoing instrument and acknowledged
to me that the same was the act of the City Council of the City of
Denton, Texas, a Municipal Corporation, and that she oxecuted the
same as the official act of S aid Council for the purposes and con-
sideration therein expressed, and in the capacity therein stated,
GIVEN UNDER MY HAND AND 4EAL OF OFFICE, This the& t'(day of
A. D. 19 7 7 .
r I « Y UK
N-IUBL
I
DENf ON COUNTY, TEXAS
•
%
QUIP CLAIM DEED WITH EASEMENT RETAINED - PAGE THREE
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40 Nov ab 1877
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1
AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON,
TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 20TH
DAY OF DECEMBER, A. D. 1977.
R E S 0 L U T 1 0 N
WHEREAS, an Application for State Assistance has been sub-
mitted to the Texas Aeronautics Commission (TAC) requesting State
participation in the cost of certain improvements at the Denton
Municipal Airport; and
WHEREAS, the TAC has issued a Grant Offer which, if duly
accepted, provides a commitment of $25,000.00 in State funds for
development specified therein; and
WHEREAS, it is determined to be in the interest of the City
of Denton to accept this Grant Offer;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DENTON, TEXAS:
That the City of Denton does hereby accept the provisions
of said Grant Offer, a copy of which is attached hereto and in-
corporated herein for all purposes, and, to evidence this accept-
ance, the Mayor of the City of Denton, Texas, is hereby authorized
and directed to execute the Grant Offer on behalf of the City of
Denton.
PASSED AND APPROVED this the 20th day of December, A. D, 1977.
CITY OF DENTOd, TEXAS
ATTEST.:
4
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
EY
CITY OF DENTON$ TEXAS
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AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON,
TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 15TH
DAY OF NOVEMBER, A. D. 1977.
0
R E S O L U T I O N
WHEREAS, the City of Denton, Texas wishes to bargain, sell
and convey to the Denton Housing Authority or Lewis Wallace, his
heirs and assigns a certain tract of realty located in the City
of Denton, Texas, and more fully set out as follows:
All that certain lot, tract or parcel of land lying and being
part of the J. Carter Survey, Abstract No. 268 and being part
of Lot Nos. 5 & F, of the W. S. Hurst Addition, an addition to
the City and County of Denton, and also being part of a tract
of land as conveyed from V. L. McCart, Trustee to City of Denton
by deed dated May 20, 1971 and recorded in Volume 622, Page 112 i
of the Deed Records of Denton County, Texas, and more particularly
described as follows:
BEGINNING at a point in the west boundary line of said tract, said
point of beginning being 123.31 feet south 00 28' 54" east of the
northwest corner of said tract;
I
THENCE north 880 11' 25" east a distance of 113.65 feet to a point
for a corner in the west right of way line of Bell Avenues
THENCE south 10 17' 3" west along the west right of way of Bell
Avenue a distance of 65.31 feet to the beginning of a curve to the
right, said curve to the right having curve data of l~ = 320 50'
48", R=501.110, T-147.71' and L=287.2811
THENCE southwesterly along said curve to the right, same being the
west right of way line of Bell Avenue 0.a distance of 287.28 feet to
Vie beginning of a second curve to the right, said second curve to
the right having curve data of Q►=40 57' 14", R=480.001, 7'=20.50'
and L=41.501;
THENCE southwesterly along said second curve to the right, same be-
ing the west right of way line of Bell Avenue a distance of 41.50
feet to a point for a corner in the west boundry line of said tracts
THENCE north 00 38' 33" east along the west boundary line of said
tract a distance of 366.96 feet to the place of beginning and con-
taining 35,157.9 square feet of land, more or less.
•
WHEREAS, the City of Denton and the Denton Housing Authority
or Lewis Wal'.ace, his heirs and assigns agree that a consideration
of Seventy-Five Cents (75C) a foot,or $26,368.42 is a fair and
agreed value of such described property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DENTON, TEXAS:
That the City of Denton and the Denton Housing Authority or
Lewis Wallace, his h^irs and assigns enter into a Contract for
the sale of the above described property and that the Mayor of the
City of Denton, Texas be and is hereby authorized to execute such
instruments that are necessary to consummate such transfer.
22~0
PASSED AND APPROVED this the }r9"th day of November, A. D. 1977.
ELI 0 HUGHES, R
CITY OF DENTON, TEXAS
ATTEST:
MOM HO LT, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
• TO , ASSISTANT
3M A. CI ATTORNEY, CITY OF
DENTON, TEXAS
i
1
,1+ T
TI
~ 1 err
NO.
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS,
AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDYNANCES OF
THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-11 AND AS SAID MAP
APPLIES TO 145.117 ACRES OF LAND, MORE OR LESS, AS SHOWN THIS DATE
ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PAR-
TICULARLY 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 Ordirances
of the City of Denton, Texas, under provisions of Ordinance No. 69-11
be, and the same is hereby amended as follows:
All the hereinafter described property is hereby removed from
thr Agricultural (A) District as shown on said Zoning Map, and all
provisions of Ordinance No. 69-1, adopted the 14th day of January,
1969, as amended, shall hereafter apply to said property as Light
Industrial (LI) District in the same manner as other property
located in the Light Industrial (LI) District; said property being
more particularly described by metes and bounds as follows:
A1: that certain lut, tract or parcel of land lyi:lg and being situ-
ated in the J. Davis Survey, Abstract No. 326, and T. Toby Survey,
Abstract No. 1285, Denton County, Texas, bung part of Exhibit "D"
as described in a deed recorded in Volume 775, Page 112, Deed Re-
cords of Denton County, and being more par`'-cularly described as
follows:
BEGINNING at the intersection of the east boundary line of the J.
Davis Survey, Abstract No. 326, which is the west boundary line of
the E. Puchalski Survey, Abstract No. 9960 with the north right of
way of F. M. Road No. 1515;
4
THENCE south 170 23' 20" west with the north right of way of said
F.M. Road 207.6 fee:c to a corner;
THENCE with a curve to the right in said right of way having a
central angle of 720 031, a radius of 527.96 feet, an arc length
of 663.92 feet to a corner;
THENCE south 89° 26' 20" west with the west right of way of said
F.M. Road 1933.07 feet to a corner; t
THENCE north 00 42' 58" west 2556.60 feet to a corner on the north
boundary lino of the T. ?bby survey which is the south boundary
line of the J. Perry Survey;
THENCE north 890 17' east with the south boundary line of the J.
Perry,Survey and crossing the northeast corner of the Toby Survey
which is the northwest corner of the J. Davis Survey and continuing
2500 feet to teh northeast corner of the Davis Survey on the west
boundary line of the Puchalski Survey;
THENCE south 06 42' 58" west with the east boundary line of the
Davis Survey and the west boundary line of the Puchalski Survey
2003.18 feet to the place of beginning, containing in all 145.117
acres of land, more or less-
0
&-1313 - GEORGE HOPKINS
SECTION II. ,
That the City Council of the City of Denton, Texas hereby ,
finds that such change is in accordance with a comprehensive
elan fcr the purpose of promoting the general welfare of the
City of Denton, Texas, and with reasonable consideration, among
othar things for the character of the district and for its peculiar
suitability or particulaz uses, and with a view to conserving the
value of the buildings, protecting human lives, and encouraging the
most appropriate uses of land for the max.tr,am benefit to the City
of Denton, Texas, and its citizens.
SECTION III.
That this ordinance shall be in full force and effect immedi-
ately after its passage and approval, the required public hearings
having heretofore been held by the Planning and Zoning Commission
and the City Council of the City of Denton, Texas, after giving due
notice thereof.
PASSED and APPPOVED This the lst day of November, A. D. 1977.
3 S,-A1A1'^vR
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CITY OF DENTON? TEYAS
ATTEST! '
C TY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORMS
. ISHAM, CITY ATTORNEY
CITY OF DENTON, TEXAS
$-1313 GEORGE HOPKINS - PAGE TWO
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AN ORDINANCE CLOSING A CERTAIN PORTION OF AUSTIN STREET; VACATING,
CLOSING AND ABANDONING AS A PUBLIC STREET A PORTION OF AUSTIN
STREET LYING BETWEEN SYCAMORE STREET AND MULBERRY STREET AS PER
MAP OR PLAT OF SAID AREA RECORDED IN THE DEED RECORDS OF DENTON
COUNTY, TEXAS, SAID TRACT OF LAND BEING FURTHER DESCRIBED HEREIN
IN FULL, AFTER FINDING THAT THE PUBLIC CONVENIENCE AND NECESSITY
NO LONGER REQUIRES ITS CONTINUED EXISTENCE; AUTHORIZING THE MAYOR
TO SIGN A QUIT CLAIM DEED; AND DECLARING AN EFFECTIVE DATE,
WHEREAS, First United Methodist Church of Denton, Texas has
made a request to the City Counc'1 of the City of Denton, Texas
to close an abandon a certain portion of Austin Street in the City
of Denton so that they may construct additional facilities for the
Church; and
WHEREAS, the City Council hereby finds and determines that
the public convenience and necessity no longer require the con-
tinued existence of a portion of Austin Street between Sycamore
Street and Mulberry Street; and
6 WHEREAS, the City Council determines that it is in the best
interest of the City of Denton and Its citizens to close this por-
tion of Austin Street for the use and be,iefit of the First United
Methodist Church of Denton, Texas;
NOW, THEREFORE, THE CITY COUNCIL OF fH E CITY OF DENTOir, TEXAS,
HEREBY ORDAINS:
SECTION I.
The City Council does hereby approve the request received from
the First United Methodist Church of Denton, Texas for the closing
and abandoning of Austin Street from Sycamore Street to Mulberry
Street,
SECTION II.
That the following described parcel of land containing 15,000
square feet, more or less, situated in the City of Denton, Denton
County, Texas and more particularly described by metes and bounds
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 W. Loving Survey, Abstraket No, 7S9, and being part of
the original Town of Denton, Texas, aiA being more particularly
described as rollows:
i
BEGINNING at a point in the south right of way line of Mulberry Street,
said point of beginning being 150.0 feet east of the northwest corner
of Lot 1, Block 23 of the Original Town of Denton, Texas, and also be-
ing the intersection of the south right of way line of Mulberry Street
and the west right of way line of Austin Street;
THENCE east along the south right of way line of Mulberry Street a dis-
tance of 50.0 feet to a point for a corner, same being the northwest
corner of Lot 2, Block 23 of the Original Town of Denton, Texas, and
also being the northwest corner of a tract of land conveyed by Denton
Independent School District to the Trustees of First United Methodist
Church by deed dated August 26, 1976, and recorded in Volume 801, Page
484 of the Deed Records of Denton County, Texas;
THENCE south along the west boundary line of said Lot 2, Block 23, same
being the east right of way line of Austin Street passing at 150.0 feet
the southwest corner of said Lot 2, Block 23, same being the northwest
corner of Lot 5, Block 23 of the Original Town of Denton, Texa;;, and
continuing south a total distance of 300.0 feet to a point for a corner,
same being the southwest corner of said Lot 5, Block 23 and lying in the
north right of way line of Sycamore Street;
THENCE west along the north right cf way of Sycamore Street, a distance
of 50.0 feet to a point fcr a corner, same being the southeast corner
of Lot 6, Block 23 of the Original Town of Denton, Texas;
THENCE north along the west right of way line of Austin Street, same be-
ing the east boundary line of said Lot 6, Block 23, passing at 150.0
feet the northea3t corner of said Lot 6, Block 23, same being the south-
east corner of the aforementioned Lot 1, Block 23 and continuing north
r a total distance of 300,0 feet to the place of beginning and containing
15,006 square feet of land, more or less,
PROVIDED, that the above described tract is hereby vacated and abandoned
only in so far as any right, title or interest may be vested in the
public as a public street, but it is expressly made a part of this deed
that a water line easement is expressly retained by the City of Denton
the same as if an easement were granted therefore to the City of Denton
by the owner thereof with all rights of ingress, egress and regress in,
along, upon and across same being retained by the City of Denton until
such uses therein are abandoned by separate action, said easement being
more particularly described as follows:
BEGINNING at a point in the south right of way line of Mulberry Street,
said point of beginning being 161.0 feet east of the northwest corner
of Lot 1, Block 23 of the Original Town of Denton, Texas;
THENCL east along the south right of way line of Mulberry Street a dis-
tance of 16.0 feet to a point for a corner;
THENCE south a distance of 300,0 feet to a point for a corner in the
north right of way line of Sycamore Street, said point being 27,0 feet
east of the southeast corner if Lot 6, Block 23 of the Original Town
of Denton, Texas;
THENCE west along the north right of way line of Sycamore Street, a
distance of 16.0 feet to a point for a corner;
THENCE north a distance of 300.0 to the place of beginning and
containing 40800 square feet of land, more or less,
be, and the same is hereby vacated, closed and abandoned insofar as
any right, title or interest may be vested in the public as a public
right of way, and the City Council hereby authorizes tl,A title and
PAGE TWO
interest in and to the above described tract of land to vest in
the First United Methodist Church of Denton, Texas, as the abutting
owner, for use as part of the Church facilities, and other purposes
for the benefit of the Church and the public.
SECTION III.
That the Mayor of the City of Denton, Texas is hereby authorized
to sign a quit claim deed conveying the above described tract of land
to First United Methodist Church of Denton, Texas for their use and
benefit.
SECTION IV.
That this ordinance shall become effective fourteen (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 days of the date of its passage.
PASSED and APPROVED this the _22f day of IV o1Z
A. D. 1977.
FfLTFf HUGHES, ' MA`Yb~R
CITY OF DENTON$ TEXAS
ATTEST.:
'
v BROOKS HOLTO Lill bLUKnIART
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
"ez e
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Y OF DENT TEXAS
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PAGE THREE
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AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON,
TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 1ST
DAY OF NOVEMBER, A. D. 1977.
R E S O L U T I O N
WHEREAS, effective October 17, 1977, municipalities are
permitted to bid on government surplus items sold by the General
Services Administration thru the Texas Surplus Property Agency;
and
WHEREAS, the City of Denton desires to bid, from time to
time, on government surplus items in order to use such items for
the City; and
WHEREAS, it is necessary to Designate an agent for the City
of Denton to submit such bids, and to obligate any necessary funds
for the purchase of such items;
NOW9 THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DENTON, TEXAS:
That John Marshall, Purchasing Agent for the City of Denton,
Texas, is hereby authorized to submit bPJ s on behalf of the City
of Denton, Texas, to the General Services Administration thru
the Texas Surplus Property Agency for the purchase of government
surplus property and to obligate any necessary funds for such pur-
chascs, and is authorized as the agent for the City of Denton re-
garding such surplus items provided the City of Denton Charter
provisions, purchasing ordinance and State Statutes are not
violated,
PASSED and APPROVED this the 1st day of November, A. D, 1977,
UUHLS,KAO
CITY OF DENTON, TEXAS
Cg Y OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
CI'PY OP DBNTO{J, '1'8XA5
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AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON,
TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 1ST
DAY"OF NOVEMBER, A, D. 1977.
R E S O L U T I O N
WHEREAS, the City of Denton desires to enter into an agree-
ment with Human Resources Management for the training of super-
visors and managers at the City of Denton;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DENTON; TEXAS:
That Chris Hartung, City Manager of the City of Denton,
Texas, is hereby authorized to enter into an agreement with
Human Resources Management of Richardson, Texas for the train-
ing of first level supervisors and department managers and
assistant department managers of the City of Denton, Texas for
the cost of $7,680.00 plus materials cost and administrative
expanses.
PASSED AND APPROVED this the 1st day of November, A, D.
1977.
E=R HUGHES 0 WOR
CITY OF DENTON, TEXAS
ATTEST
CITY OF DINTON, TEXAS
APPROVED i,S TO LEGAL FORM:
, f'i'aAR'EY
CITY OF DENTON, TEXAS
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Tr,i~ ~!I>~.1'11^'~rlf. ~5 A ~'n-.f{Tn an i
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? NO, 8920
CITY OF DENTON, TEXAS X IN THE COUNTY COURT AT LAW
vs. OF DEI4TON COUNTY, TEXAS
GORDON R. HICh31AN X PROCEEDINGS IN EMINENT DOMAIN
DEED RE001" 23197
~ JUDGMENT
Oil ti-is the Z r day of November, 1977, in the above styled
proceeding came on to be considered the Award of Commissioners filed
with the Judge of the County Court at Law of Denton County, Texas,
on the 19th day of October, 1977, said Award being previously filed
with this Honorable Court.
And, it appearing that the parties have agreed and compromised
this matter, and no objections to such decision will be filed.
And, it appearing that the City will pay the sum of $9,036,00
for the fee simple title to that certain property situated in the
City of Denton, Denton County, Texas, being heretofore described in
the inco;•porated Award of Commissioners, and attached hereto as Ex-
hibit A, such sum being a total of the amount of $2,816.00 for the
taking of the property and $6,220,00 for damages to the house; and
the further agrceme,it of the parties that the said Gordon R. Hickman
will have possession of the house and will remove it from the pro-
perty by March 1, 1978,
i
And, it further appearing to the Court that the sum of Nine
Thousand Thirty Six and No/100 ($9,036,00) Doliars has been deposited
by Plaintiff in the Registry of the Court, subject to order of Defen-
dants herein, en the 19th day of October, 1977. '
It is further ORDERED, ADJUDGED and DECREED that the City of
Denton, Texas do have and recover from the Defendant Gordon R. Hickman
the fee simple title in and to that certain property situated in the
City of Denton, Denton County, Texas, being heretofore described in
the attached Exhibit A, and the same be, and it is hereby vested in
the City of Denton, Texas.
VG11093 ig 4123
t I
cvoJ093 ew 424
And, it is furtL r ORDERED, ADIUDSED and DECREED, that Defen-
dant Gordon R. Hickman do have and recover from the City of Denton
the said sum of Nine Thousand Thirty Six and No/100 ($9,036,00)
Dollars,
It is further ORDERED that all costs herein are taxed against
the City of Denton, and that the City of Denton may have its Writ
of Possession. _
RENDERED and ENTERED this the l day of November, A, D,
1977.
J , RAY ,RTI JUDGE
COU14TY COURT AT LAW
DENTON COUNTY, TEXAS
APPROVED;
PAUL U.-Is 40 CITY A TORNEY
CITY F DMON, EpC:
D1014- . Ic T 4EY ro v
GORDON R. HICKMAN
JUDC,11ENT - PAGE TWO
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EXHIBIT "A"
All that cortain lot,, tract or puree[ of Lrnd lying
itod bring; si tuaLcd in the Ci Ly and County n1' DoIIt, oil, SLoto
of Texas, i+nd be irr, hart. of Lhe N, I!, MO isonhoirn0r anrvcy,
AbsL. No. till, trnd being; part of Lot No. 'I of t,bo Chandler
A(Idition, rrn uddition Lo the CiL,y/County of Donlon, burl also
being; part of it LracL of land as cortvcyorl I'roni It icla I'd
Ho i rd Srni th to Gordon It, Ili ckrmtrt by deed dat ed February
?ti, 1975 and recorded in Volumo 737, k'age 4 of the head
Records of Donlon County, Toxits, and more particularly des-
cribed as follows;
liEU[NN1NG at, a steel pin for the Sotlthw'eSt corner of
said Iliclcarttn tract, suid point also being; the intersection
of the North right-of'-way line of Sharman Drive and the
East right-of-wa,y ling of Elm Street;
THENCE North along the West bouncl.:r,y line of said
Jlickman tract, sruue being the E;asL right-of-way r'l }te of
E;Im -it rect, it distance of 3.0 feet Lo it point for a corner;
TIIE;NCU Northeasterly a di s lance (if' 1 5.3. 3 Pcc t to u
point I'or it corner in Lhe Eust boundary line of soi:i Hiclunall
trt c t.;
THENCE South along; the East boundiir,y lane of said
11ielSm011 LI`Ilet, n distartcc of 15.0 feet t,o tr point, for it
cornor, same being; the Southeast corner of said Iliclumut
true L;
TIIENCF West, along tho South boundary line of said
MO man tract, sumq bei ng; the North right-o['-way lino of
Sharman 'Drive, it (I ist,tu) ce of 152.8 focI, to Lltc place of
begi[III irig and coo.I'll inijig 1,•108 2 square feet of land, more
or leis.
In add1Lion tlic residence located on tht remainder of
this tract of land is propose' to be included irr the ttr.king,
LVOL1093 PAGE 425
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