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Home My WebLink About11-1979 i ~R m OATH OF OFFICE 4 I, Bob Widmer do.,solemnly swear (br,affirm) that I will faithfully execute the duties of the office of P1Umbing and Mechanical Code'Soard- of the City of Denton, Texas, and will to the best of my ability pigserve, protect and defend the Constitution and INs 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 21st day of November , A.D. 79 79 To certify which - Wness my an and seal of office. ' SLr',k~T R • CITY O uENTON, TEXAS ti . r "4j C~ \ r~ ~V r ~ h d' 1~~ OATH OF OFFICE I `?Bob Sul l ivan ao. solemnly • M , swear -(or,affirm) that I will faithfully execute the duties of the office of + Plumbing and Mechanical Code Board of the City of Denton, Texas, and will to the best of my ability preserve, protect ano defend the Constitution and laws of the United • States and of this Stage and the Charter and Ordinances of this City. Subscribed and swot; co before me the undersigned on this the 21st day of November , A.D. 19 To certify which witness my an an sear of office. • 5ECUT CITY OF 11ENTOY, TEXAS r `,o ('J7 fti'" p. \ F b ~ ~ .,j E~ ~ ~ r° ~ `C' OATH OF OFFICE S. 14:4Wright do solemnly swear (or affirm) that I will faithfully execute the duties of the office of M•umbing and Mechanical We Board 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. 4& a~ Subscribed and sworn to before me the undersigned on this the 21st day of November , A.D. 1979__. To certify which witness nay an and sea of o `f ice. CITY OFI)ENTON, TEXAS r 1 - i \O t c ~~7 f' `1' ~ a~ ~t, w"~~ y + v. r J i it ~ !t fr 7 r a •y Y{ ///Y ) f 'fi.' ~ v 'fy re~ nlw 9r r L a."1'f C r 7 1 k4 d~`: ~e " "v~~.Nt.. 1 „ih Zfy 5 7'..` r t ^ r 1" 1 r .I r 'r pry, . r ~{y'w 4 „M { e. AT A REGULAR MEETING OF THE CITY CrJNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILuING OF SAID CITY ON THE 20TH DAY OF NOVEMBER, A. D. 1979. R E S O L U T I O N W"EREA£, on September 13, 1977) the City Council of the City of Denton, Texas entered in an employment agreement with G. Chris Hartung to Serve as City Manager of the City of Denton, Texas; and WHEREAS, the City Council of the City of Denton is desirous of retaining G. Chris Hartung as the City Manager of the City of Denton, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: i SECTION I. 4 That the Mayor of the City of Denton, Texas is hereby authorized tv enter into a revised employment agreement with G. Chris Hartung to be effective immediately from and upon Its date of execution and for a period of one year thereafter. SELTION 11. That this resolution be effective immediately from and after its passage and approval by the City Council of the City of Denton, ToxaS. PASSED AND APPROVED this the 20th day of November, A. D. 1979. 11 CITY OF DENTON,,TTE-XAS ATTES CITY OF DENTON, TEXAS APPROVED AS TO L AL FORMt ~!7u~:~1 ~ DU.c ATTORNBY, CITY OF DENTONN, TEXASp 1 tf Ao- .r •r r N r 4 It $.i. r _ ,r , "L{f ,~h ~ i.,'9 ^ yi;v ✓ .~jC'.,rlr~yr, l' V r~,'~~~. ~.t' . n Nr r"} hSr a e. dr' : I'^y~ ✓ti Y. r~ w h IN "I .4 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 NOVEMBER, A. D. 1979. s ry R E S O L U T I O N WHEREAS, the City Council of the City of Denton, Texas finds it of grave public necessity to amend the City of Denton budget r, 4+s adopted for the fiscal year of 1979-80 in order to meet unusual and unforseen conditions with regard to funding of the Denton Women's shelter. .9W, THEREFORE, BE IT RESOLVED BY THE. CITY COUNCIL OF THE CITY OF DENTON, TEXAS: 1. That the official bu(4get of the City of Denton, Texas F' for the fiscal year of 1979-80 be amended to increase appro- priations in the Genersl Fund in the amount of $8,000.00. 2. That a copy of this resolution by the City Council be filed with the City Secretary and published in the nett' avail- able issue of the official newspaper of the City of Denton. 3. That a copy of this resolution be attached to the official 1979.80 budget as originally adopted. 4. That this resolution be effective immediately from and upon its passage an approval by the City Council of the City of Denton, Texas. PASSED AND APPROVED this the 20th day of November, A.D. 1979. G CITY OF DENTON, TEXAS ATTES ' CITY OF DENTON, TEXAS APPROVED AS TO LEGA.I. FORM: BURT K. bULUMONS9 TANT-CITY ATTORNEY, CITY OF DENTON, TEXAS a ~r rY r CITY OF DENTON EMPLOYMENT AGREENE.3T THIS AGREEMENT is made and entered into by and between the CITY OF DENTON, TEXAS, hereinafter called "City" and CHRIS HARTUNG, hereinafter called "Employee", both of whom under- stand as follows: RECITALS Vie laity desires to employ the services of Chris Hartung ab City Manager of they City of Denton as provided by the City charter and ordinance creating and setting forth the duties of the City Manager. J AGREEMENT 1. general City hereby engages Chris Hartung as City Manager of the City o° Denton, Texas to perform the functions and duties specified in the City charter of the City of Denton and by applicable provisions of the City code and to perform such other legally permissable and proper duties and functions as the City Council shall from time to time assign. City Council appoints Chris Hartung as City Manager and may remove him at any time subjrct to the provisiuns of this agreement. 2. compensation City agrees to pay Chris Hartung for his services at the annual base salary rate of $44,000.00 payable in installments at the same time as other employees of the City are paid. City agrees to increase said base salary and/or other benefits of Employee in such amounts and to such an extent as the City Council may deterusine that it is desirable to do so on the basis of an annual salary review of said Employee made at the same time as similar consideration is given other employees generally. An annual performance review will be conducted during October of each year. City of Denton Employment Agreement Page Two Hours of Work Tt is recognized that the City Manager must devote a great d--al of his time outside normal office hours to business of the City, and to that end, the City Manager will be allowed to take compensatory tiwe off as he shall deem appropriate during said normal office hours. Employee shall not spend more than ten (10) hours per week in teaching, consulting, or other non-City coraiected busi- ness without the express prior approval of the Council. 4. Professional Development The City hereby agrees to budget and to pay the travel and subsistence expenses of Employee for professional and official travel, meetings and occasions adequate to continue the professional development of Employee and to adequately pursue racessary official and other functions for City, including but not limited to the Annual Conference of the International City Management Association, the Texas Municipal League, Texas City Management Association and such otber national, regional, state and local Zovernmental groups end committees thereof which Employee serves as a member. The City also agrees to budge*_ and to pay for the travel and subsistence expenses of Employee for short courses, institutes and seminars that are necessary for his or her professional development and for the good of the City. The City agrees to budget and pay the professional dues and subscriptions of Employee necessary for his continuation and full participation, includ'-T, the holding of responsible offices in national, reg$ iona ett+te and local associations and organizations necessary and desirable for his continued professional participation, growth and advancements, and, for the good of the City. 5. Termination and Sevfrance Pay In the event of his involuntary separation as City Manager, he shall he entitled to receive a lump sum pa er,t equal to thirty (30) days aggregate salary; provided, however, that in the event Employee is terminated because of his or her conviction for any offense involving moral turpitude or any illegal act involving personal gain to him, then, in that event, City shall have no obligation to pray the aggregate severance sum designated in this paragraph. Involuntary separation as used in this paragre h means his discharge or dismissal by the City Council or his resignaticn City of Denton Employment Agreement Page Three following a reduction in salary or other financial benefits of Employee in a greater percentage than an applicable across-che-board reduction fir ell City employees or in the event he City refuses following a written notice to comply with &ny other provisions benefiting Employee herein or the Employee resigns, following a suggEstion, whether formal or informal, by the City Council that 1e resign, then, in that event, Employee may at his option, be deemed to be "terminated" at ':he date of such reduction or such refusal to comply within the meaning and context of the herein severance pay prevision. Before voluntarily resigning his position, Chris Hartung agrees to give the City Council at least thirty (30) days notice in writing of his intention, to resign, stating the reasons therefor. 6. Other Terms and Conditions of Employment All provisions of the City charter and code, and regulations and rules of City relating to vacation and sick leave, ret:'.rez:ent and pension system contributions, holidays and other fringe benefits and workink conditions as they now exist or hereafter may be amended, also shall apply to Employee as they would to other employees of City, in addition to said benefits enumerated specifically for the benefit of Employee, except as herein provided. Em loyee will accumulate vacation time at the rate of one (1~ day per month and be eligible to take six (6) days of vacation time after serving for six (6) months. Employee shall be entitled to receive the same vacation and sick leave benefits as are accorded department heads, including provisions governing accrual and payment therefor on termination of employment. EXECUTED in duplicated crigincls this then lay of/~j~?,1979 ,MPLOYER: THL CITY 0 ON, TEXAS BY: as ayor City of Denton, Texas EMPLOYEE: Chris XartunS, ty ' anager City of Denton, Texas ~r i r • f n i h THE STATE OF TEXAS § CONTRACT & AGREEMENT COUNTY OF DFNTON § This contract and agreement made and entered into on this the % 1~06 day of , 1978, by and between the City of Denton, Texas, acting herein by a.d through its Mayor, thereunto duly authorized by resolution of the governing body of said City, hereinafter called "Denton," and ;he City of - l..~ , Texas acting herein by and through . St its Mayor, thereunto duly authorized by resolution of the governing, body of said City, hereinafter called WITNESSETIt ; 1. Denton hereby agrees to provide ambulance service to the citizens of said smftm~ Sin a 2. Denton hereby agrees that (1) tre Denton County Ambulance Committee may inspect and evaluate al', equipment and service being provided by Denton at any time and (2) that prior t- receiving any monies from Sk" Denton's ambulance service will meet or exceed all standards of equipment and service as determined by the Denton County Ambulance Committee. 3. That agrees that the acts of any person or persons while responding to an emergency ambulance call, traveling ro or from &aid calls or in any manner furnishing emergency ambulance service to the citizens of czJ."_ Texas, outside the city limits of the City o! Denton, `shall be rn~, `i a p(f1o S considered as the acts of independent contractors serving-- in all respects, insofar as such person or persons may bo regular employees, firemen, or independent contractors of the City of Denton, and the City of Denton expressly agrees to carry liability and malpractice insurance on the vehicles and personnal,as described below in Section 4. 4. The City of Denton expressly agrees to acquire and carry at all times insurance coverage, issued by an insurance company licensed to do business in this state, for each and every ambulance owned and/or operated by or for the City of Denton, providing coverage for acts of any person or persons operating any ambulance pursuant to this contract in providing a, for injury to or death of individuals in accidents resulting from any cause for Which the owner of said ambulance would be liable on account of liability imposed on him by law, regardless of whether the ambulance was being driven by the owner or his agent, end b. against damage to the property of another, including personal property, under like circumstances, in such sums and under such terms as may be required by statute. 1. every insurance policy required hereunder shall contain a provision for a continuing liability thereunder to the full amount thereof, notwithstanding any recovery thereon, that the liability of the insurer shall not be affected by the insol- vency or the bankruptcy of the assured, and that until the policy is revoked the insurance company will not be relieved from liability on account of nonpayment of premium, failure to renew license at the end of the year, or any act cr omission of the named assured. 2, every insurance policy required hereunder shall extend for the period to be covered by the contract and the insurer shall be obliged to give not leas than ten (10) days written notice to the city clerk and to the assured before any cancellation or termination of the policy earlier than its expiration date and the cancellation or other termination of any such policy shall automatically reioke and terminbte this contract for the ambulances covered by such policy, unless another insurance policy r;1; complying with the provisions of this section shall be provided and be in effect at the time of such cancellation or termination. 5. It is expressly agreed and understood by the partied hereto that the ambulance service agreed to be furnished by Denton is necess,..rily subordinate to the bcLt interests of the citizens of th! City oc Denton, and that the determination of whether or not ?ersonnel and equipment are available and also the number of personnel and amount of equipment to be sent, if any, in the event of the need for ambulance service must neces- sarily be left to the discretion of Denton, and it is agreed that the decision of the City Manager of the City of Denton, or his designated representative, in connection with these ma4ters is final. 6. It is understood and agreed by the parties hereto that if for any rea,;on whatsoever Denton does not furnish personnel and/or equipment for ambulant: service outside of its corporate limits, although notified of the need for such service, that Denton shall not be liable in damages or otherwise for the failure to furnish the same, and enters into this agreement with this understanding. 7. agrees to pay Denton 40 012-2,00, '00 ) to provide ambulance service to the citizens of a for a period of one year, - f, 8. The City of Denton is not y prohibited by this car ~ -rt from charging any patient using such services fees as may be provided by Ordinance of the City of Denton, Texas. 9. It is expressly understood and agreed that, in the execution of this contract and agreement, neither Denton or waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise he available to it against claims arising in the exercise of governmental powers and functions, J.O. This contract and agreement shall continue and be in full force and effect until such time as either party hereto, by notice to the other, may terminate the same, such termination to be effective not less i ;--n ninety (90) days after the giving of such notice. 11. At the expiration of the primary terms hereof, this contract may be renewed and extended from year to year without the necessity of additional formalities or resolution; minute order[ of both parties' governing bodies being sufficient. EXECUTED at Denton, Texas, on the day and year first above written. CITY OF DENTON, TEXAS By: ATTEST; A CITY OF DENTON, TEXAS CITY OF S._ SGv rim By ' . KAYOR 7 ATTESTi CITY OF e.f1.9...~. TEXAS ,y THE STATE OF TEXAS § CONTRACT & AGREEMENT COUNTY OF DENTON § This contract and agceement made and entcced into on this the day of 1978, by End between the. City of Denton, Texas, acting herein by and through its Mayor, thereunto duly authorized by resolution of the governing body of said City, hereinafter called "Denton," and the City of Hi,.kory •r ek , Texas acting herein by and through its Mayor, thereunto duly authorized uy resolution of the governing bodyeof said City, hereinafter called ___Hickory Creek _ W I T N E S S E T H 1. Denton hereby agrees to provide ambulance service to the citizens of said Hickory Creek 2. Denton hereby agrees that (1) the Denton County Ambulance Committee may inopect and evaluate all equipment and service being provided by Denton at any time and (2) that prior to receiving any monies from Hieknry Creek , renton's ambulance service will meet or exceed all standards of equipment And service as determined by the Denton County Ambulance Commirl~ee. 3. That _Nicknry rrprk agrees that the acts of any person or persons W.le responding to an emergency ambulance call, traveling to or from said calla or in any manner furnishing emergency ambulance service to the citizens of Hie!knry r.rppk Texas, otAtside the city limits of the City of Benton, shall be considered as the acts of independent contractors serving Htrkor„ amok in all respects, ir.dofar as such person or peracas may be reg,ilar employees, firemen, or independent contractors of the City of 1)(3nton, and the City of Denton expressly agrees to carry aiability and malpractice insurance on the vehicles and po rsonnei as described below in Section 4. -r 4. The City of Denton expressly agrees ti: acquire and a carry at all times insurance coverage, issued by an insurance company licensed to do business in this state, for each and every ambulance awned and/or operated by or for the Cfty of Denton, providing coverage for acts of any person or persons operating any ambulance pursuant to this contract in Hickory_ Creekproviding, a. for injury to or death of individuals in accidents resulting from any cause for which the owner of said ambulance would be liable on account of liability imposed on him by law, regardless ri whether the ambulance was being driven by the owner or his agent, and h, against damage to thr property of another, including personal property, under like circumstances, in such sums and under such germs as may be required by statute. 1. every insurance policy required horcunder shall contain a provision for a continuing liability thereunder to the full amount thereof, notwithstanding any recovery thereon, that the liability of the insurer shall not be affected by the insol- vency or the bankruptcy of the assured, arkd Ciat until the policy is re,,oked the insurance company will not be relieved from liability on account of nonpayment of -cnium, failure to renew license at the end of the year, or any act or omission of the named assured. 2, every insurance policy required hereu.ider shall extend for the period to be covered by the contract and the insurer sham be obliged to give not less than ten (10) days written noti,,e to the city clerk and to the assured before any cancellation or termination of the policy earlier than its expiration date and the cancellation or othar termination of any such policy shall automatically re-+oke ane terminate this contract for the ambulances covered by such policy, unless another insurance 1..-'icy .f ALL- complying with the provisions of this section shall be provided and be in effect at the time of such cancellation or termination. 5. It is expressly agreed and understood by the parties hereto that the ambulance service agreed to be furnished by Denton is necessarily subordinate to the best interests of the citizens of the City of Denton, and that the determination of whether or not personnel and equipment are available and also the number of personnel and amount of equipment to be sent, if any, in the event of the need for ambulance service must neces- sarily be left to the discretion of Denton, and it is agreed that the decision of the City Manager of the City of Denton, or hls desigr,ated representative, in connection with these matters is final. b. It is understood and agreed by the parties hereto that if for any reason whatsoever Denton does not furnish personnel and/or equipment for ambulance servica outside of its corporate b limits, although notified of the need for such service, that Denton shall not be liable in dan!ages or otherwise for the failure to furnish the same, and HICIfory Creel, enters into this agreement with this understanding. 7• Hickory cUej; agrees to pay Denton nnu Th .u.,ni _ _ Five Hun,'~ed Dollars *+***+F+** w**r++far** * *+a ($_1,500.00 ) to provide ambulance service to the citizens of _Hickory creek for a period of one year. 8. The City of Denton is not prohibited by this contract frog, charging any patient using such services fees as may be , provided by Ordinance of the City of Denton, Texas. 9, It is expressly understood And agreed that, in the execution of this contract and agreement, neither Denton or 'Hickory creek waives, nor shall be deemed hereby to waive, any intnunity or defense that would otherwise be A%-4 iiable to it against claims ariaing in the exercise of governmet,t;al powers and functions. f 10. This contract and agreement shall continue and be in full force and effect until such time as either party hereto, by notice to the other, may terminate the same, such termination to be effective not less than ninety (90) days after the giving of such notice. 11. At the expiration of the primary terms hereof, this contract may be renewed and extended from year to year without the necessity of additional formalities or resolution; minute orders of both parties' governing bodies being sufficient. EXECUTED at Denton, Texas, on the day and year first above written. CITY OF DENTON, TEXAS + By: c J,t*" ATTEST: TTSECRETARY~ CITY OF DENTON, TEXAS CITY OF KTrrngy FRS TE S j' ATTEST: CITY SECRETARY CITY OF HIany CREEK , TEXAS d ~rwr~r~s Yi 110Oi~ PAGE 484 TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and its successors appurtenances thereto in anywise belonging, unto the said grantee / , koix and ass;gns forever; and we do hereby bind ourselves, our heirs, executors and administrators to WAi{RANT AND FOREVER DEFEND all and singular the said premises unto the said grantee its successors brAm and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. 1 EXECUTED this day of tlovember A. D. 19 79. t; iene ep Darrow I.ura Sheppar Moore an 5 e P r Woods y smine SheP e'd~' odt Kl A'2 Or - . THE STATE OF/X COUNTY OF ~SL^ X BEFORE ME, the undersigned authority, on this day personally appeared Lorene Sheppard Darrow, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes anti consideration therein expressed. GIVEN UNDER MY NAND AND SEAL OF OFFICE on this the a/A•Ikday of 1974. ' a •;ta .w N tgry Publi n and for cr _4~,~Vrunty, 14444, (Acknowledgment) , . THE STATE OPiOM - ZLs-rrr`ea-am ) DkOTHY HUNT ~OLM COUNTY OF -fir 3 Before me, the undersigned authority, on this day personally appeared LurA Sheppard Moo: e , known to me to be the person.. ......whoa nrme....ie... subscribed to the foregoing In:trumeat, and ;acknowledged to me that....... She ........exeeutad the same for the ptirpvti and consideration therein expressed: " t~'e Given under my band W. seat of office on this the a~ day of 79. r l~otiryn and'~t ' ; T- founty'~s+iii: t :ev kl~ i (Acknowledgment) Tilt. STATE OF TEXAS COIJNTI" dFi Den Lon R.Ijii tlVie,*A eAdersigned authority, on this day personally appeared Lillian Sheppard Woods, known tome to be theperson,....... whose ame,,..,JS subscribed to the foregoing instrument, and acknowledged to m: that She,_,., executed the same for the purposes and consideration therein expres ,J~,w' Given under my hand and seal of office on this the o`3 fw day of~`^ D, 1 Notary P is in and or entoTl County, Texas. (Acknowledgment) I THE STATE 01 TEXA$ COUNTY OFD/\Aq~,g//jJ S~ 't, etfo?e.,tt, the undersigned authority, on this day personally appeared Jasmine Sheppard Smoot , own to myW be the person whose name_ i 8 subscribed to the foregoing instrument, and acknowledged to me r that. .....,oh '......executed the same for the purposes and consideration thrrein expressed. Given under my hand and a•~! of office on this the ?~iTir r~Q~gktanty.1+l.h Y ad . a ^ ra 3 a 11 ~4 i Z LL i- W o (~o o F! s`r 3 .q+ oil 10, . ~0a o aw H o ' aEn u su ~i H x 10 70f' rAr>E 483 x s0 (Corporate acknowledpnent) ye; THE STATE OF TEAS COUNTY OF Before me, the undenlaned authority, on this dray personally appeared Sd J11i of sp o p ~e,.i'aiurtoJ tl jUYd Je a corporation, known to me to be the person whose name is subscribed tc the fcrr&oh*ihetrumgnt, apd fc w~'1 ~ 1'f9AydtMt he executed the satrw for the purposes and contiderstior'herein expressed, in the a&p4cllI04!!AfrI stated and u;gletW~?i_A_tu At mid corporation, ' R It 'AJIJID9 uuluaQ 'x 19 AtNM3 Given under my hand and seal of office on this the day of , k D. i 9 Nolsry Pub13c in end for County, Texas. s t CERTIFICATE FOR ORDINANCE AUTHORIZING THE ISSUANCE OF CERTIFICATES OF OBLIGATION THE STATE OF TEXAS , COUNTY OF DENTON , CITY OF DENTON we, the undersigned officers of said City, hereby certify as follows: 1. .h9 City Council of said City convened in REGULAR MEETING ON THE 6th DAY OF NOVEMBER, 1979, at the Municipal Building (City Hall), and the roll was called of the duly constituted officaxs and members of said City Council, to-wit: Brooks Holt, City Secretary Bill Nash, Mayor Roland Vela Dick Stewart Ray Stephens Bud Hensley and all of said persons were present, Rxcept the following absentees: thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written ORDINANCE AUTHORIZING THE ISSUANCE OF CERTIFICATES OF OBLIGATION was duly introduced for the consideration of said City Council and read in full. It was then duly moved and seconded that said Ordinance be passed; and, after due discussion, said mo- tion, carrying with it the passage of said Ordinance, prevail- ed and carried by the following vote: AYES: All members of sr.id City Council shown present above voted "Aye". NOES: None. 2. That a true, full, and correct copy of the aforesaid Ordinance passed at the Meeting described in the above and fore- going paragraph is attached to and follows this Certificate; :hat said Ordinance has been duly recorded in said City Council's minutes of said Meetings that the above and foregoing paragraph is a true, full, and correct excerpt from said City Council's Tinutes of said Meeting pertaining to the passage of said Ordi- nance; that the persons named in the above and foregoing para- graph are the duly chosen, qualitled, and acting officers and members of said City Council as indicated therein; that each of the officers and members of said City Council was duly and suffi- ciently notified offi-:Aally and personally, in advance, of the time, place, and purpose of the aforesaid Meeting, and that said Ordinance would be introduced and considered for passage at said Meeting, and each of said officers and members consented, in ad- vance, to the holding of said Meeting for such purpose; and that said Meeting was open to the public,, and public notice of the time, place, and purpose of said meeting was given, all as re- quired by Vernon's Ann. Civ. St. Article 6252-17. 3. That the Mavor of said City has approved, and hereby approves, the aforesaid Ordinance; that the Mayor and the City Secretary of said City have duly signed said Ordinance; and that the Mayor ani the City Secretary of said City hereby de- clare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Ordinance for all purposes, GN'D AND SEAL D the 6th day of , 979. r 7 6-7 city eoretar Y mayor (SEAL) ORDINANCE NO. 79- ORDINANCE AUTHORIZING THE ISSUANCE OF CERTIFICATES OF OBLIGATION THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON WHEREAS, Vernon's Article 2368a.1 permits the City to issue and sell for cash the Certificates of Obligation here- inafter authorized; and WHEREAS, the City has duly caused notice of its intention to issue the Certificates of obligation hereinafter Authorized to be published at the times and in the manner :.tyuired by Vernon's Article 2368a.1, and no petition has been filed pro- testing the issuance thereof. THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Section 1. That the said City's Certificates of obligation (hereinafter sometimes called "Certificates") are hereby author- ized to be issued in the aggregave principal amount of $275,000, FOR '_'HE PURPOSE OF PAYING ALL OR A PORTION OF THE CITY'S CON- TRACTUAL OBLIGATIONS INCURRED PURSUANT TO CONTRACTS FOR THE CONSTRUCTION OF A CENTRAL FIRE STATION IN THE CITY, Pd1 PAYING ALL OR A PORTION OF THE CONTRACTUAL OBLIGATIONS FOR Z'aOFESSIONAL SERVICES OF ENGINEERING, ARCHITECTS, ATTORNEYS, AND FINANCIAL ADVISORS IN CONNECTION WITH SUCH CENTRAL FIRE STATION AND CERTIFICATES OF OBLIGATION. Section 2. That said Certificates shall be designated as the: CITY OF DENTON CERTIFICATES OF OBLIGATION, SERIES 1979-A. Section 3. That said Certificates shall be aatcd DECEMBER 1, 1979, shall be in the denomination of $5,000 each, shall be numbered consecutively from one upward, and shall mature serially on the maturity date, in each of the years, and in the amounts, resrectively, as set forth in the following scheduler MATURITY DATES: JUNE 1 YEARS AMOUNTS i:90 $25,000 19.1 25,000 1992 25,000 1993 25,000 1994 25,000 1995 25,000 1996 50,000 1997 75,000 Section 4. That said Certificates shall bear interest at the rate of 7.8751 per annum, evidenced by interest couper,d which shall appertain to said Certificates, and which shall be payable in the manner provided and on the dates stated in the FORM OF CERTIFICATE set forth in this Ordinance. Section 5. That said Certificates and interest coupons shall be issued, shall be payable, may be redeemed prior to their scheduled maturities, shall have the characteristics, and shall be signed and executed (and said Certiflcates shall be sealed), all as provided, and in the manner indicated, in the FORM OF CERTIFICATE set forth in this Ordinance. I~r •1- Section 6. That the form of said Certificates, includ- ing the form of Registration CertiZicate of the C,)mptroller of Public Accounts of the State of Texas to be printed and endorsed on each of said Certificates, and the form of the aforesaid interest coupons which shall appertain and be at- tached initially to each of said ~'ertificates, shall be, respectively, substantially as follows: FORM OF CERTIFICATE: NO. 0 $5,000 UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON CERTIFICATE 01' OBLIGATION SERIES 1979 - A JUNE bearer OSNTONe IN rom?aes 9too pay G to CITY OF TEXAS, hereby p principal T amount COUNTY, of FIVE THOUSAND DOLLARS and to pay interest thereon, from date hereof, at the rate of 7.875% per annum, evidenced by interest coupons payable DECEMBER 10 1980, and semiannually ther63fter while this Certi- ficate is outstandinc. THE PRINCIPAL of this Certificate and thb interest coupons appertaining hereto shall be payable to bearer, in lawful money of the United States of America, without exchange or collection charges to the bearer, upon presentation and surrender of this Certificate or proper interest coupon, at the following, which shall constitute and be defined as the "Paying Agent" for this Series of Certificates: FIRST STATE BANK, DENTON, TEXAS. THIS CERTIFICATE is one of a Series dated as of DECEMBER 1, 1979, authorized# issued, and ddlivered in the principal amount of $275,000 FOR THE PURPOSE OF PAYING ALL OR A PORTION OF THE CITY'S CONTRACTUAL OBLIGATIONS INCURRED PURSUANT TO CONTRACTS FOR THE CONSTRUCTION OF A CENTRAL FIRE STATION IN THE CITY, AND PAYING ALL OR A PORTION OF THE CONTRACTUAL OBLIGATIONS FOR PRO- FESSIONAL SERVICES OF ENGINEERING, ARCHITECTS, ATTORNEYS, AND FINANCIAL ADVISORS IN CONNECTION WITH SUCH CENTRAL FIRE STATION AND CERTIFICATES OF OBLIGATION. THE OUTSTANDING CERTIFICATES of this Series may be re- deemed prior to their c,,heduled maturities, at the option of said City, in whole, ox in part, on any date, for the principal amount thereof and accrued interest thereon to the dale fixed for redemption. At least fifteen (15) dale prior to the date fixed for any such redemption said City shall cause a written notice of such redemption to be given to the "Paying Agent". By the date fired for any such redemption due provision shall be made with the "Paying Agent" for the payment of the principal amount of the Certificates which are to be so redeemed and ac- crued interest thereon to the date fixed for redemption. If such written notice of redemption is given and if due provision for such payment is made, all as provided above, the Certificates which are to be so redeemed thereby automtLtically shall bo re- deemed prior to their scheduled maturities, and they shall not bear -2- ~q gU interest after the date fixed for redemption, nd they shall not be regarded as being outstanding except for thr right of the bearer to receive the redemption price from the "Paying Agent" out of the finds provided for such payment. IT IS HEREBY certified, recited, and covenanted that this Certificate has been duly and validly authorized, issued, ;•nd delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this Certificate b-.va been pWormed, existad, and bEen duna in cto%~ordance with law; that this Certificate is a general obligation of said City, issued on the full faith and credit thereof; and that annval ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Certificate, as such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in said City, and have been pledged irrevocably for such payment, within the limit prescribed by law; and that this Certificate is additionally secured by and payable from the surplus revenues derived by the City from the ownership and operation of the City's Electric Light and Power System remaining alter payment of all operation and maintenance expenses thereof, and all debt service (Retirement Fund), Reserve Fund, Contingencies Fund, rmprovement Fund, and other requirements, pay.nents, and deposits required in connection with the City's Revenue Bonds {now or hereafter outstanding) which are payable from Net Revenues of the City's Electric Light and Power System. IN WITNESS WHEREOF, this Certificate and the interest coupons appertaining hereto have been signed with the facsimile signature of the Mayor of said City and countersigned with the facsimile signature of the City Secretary of said City, ahd the offi^ial seal of said City has been duly impressed, or placed' in facsimile, on this Certificate. xxxxxxxx xxxxxxx City Secretary Mayor _ FORM OF REGISTRATION CERTIFICATEi COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER Na. I hereby certify that this Certificate of obligation has been examined, certified as to validity, and approved by the Attorney General of the State of Texas and that this Certi- ficate of Obligation has been registered by the Comptroller of Public Accounts of the State of Texas. Witness my signaturs and seal this xxxxxxxx comptrome of Public Accounts of the State of Texas FORM OF INTEREST COUPON: NO. S ON ` it 19_, THE CITY OF DENTON, IN DENTON.COUNTY, TEXAS, promises to pay to beater the amount shown on this interest coupon, in lawful money of the United States of America, without exchange or collection charges to the bearer, unless due provision has been made for tho redemption prior to schedul- ed maturit} of the Certificate to which this interest coupon ,appertains, upon presentation anti surrender of this interest coupon, at -3- ~6 RST STATE BANK, ENTON, TEXAS, said amount being interest coming due that day on the Certi- ficate, bearing the number hereinafter designated, of that issue of CITY OF DENTON CERTIFICATES OF OBLIGATION, SERIES 1979-A, DATED DECEMBER 1, 1979. Certificate No. , xxxxxxxxx xxxxxxx CITY-Secretary Mayor Section 7. That a special. "Interest and Sinking Fund" is hereby created solely for the benefit of said Certificates, and said Interest and Sinking Fund shall be established and main- tained by said City at an official depository bank of said City. Said Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of said City, and shall be used only for paying the interest on and principal of said Cer- tificates. All ad valorem taxes levied and collected for and on account of said Certificates shall be deposited, as collect- ed, to the credit of said Interest and Sinking Fund. During each year while any of said Certificates or interest coupons appertaining thereto are outstanding and unpaid, the governing body of said City shall compute and "~vttain a rate and amount of ad valorem tax which will be sufficient to raise and produce the money required to pay the interest on said Certificates as such interest comes due, and to provide and maintain a sinking I fund adequate to pay the principal of such Certificates as such principal matures (but never less than 29 of the original prin- cipal amount of said Certificates as a sinking fund each year); and said tax shall be based on the latest approved tax rolls of said City, with full allowance being made for ;ax delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable property in said City for each year while any of said Certificates or interest coupons appertaining there- to are outstanding and unpaid; and said tax shall be assessed and collected each such year and deposited to the credit of the aforesaid Interest and S'.nking Fund. Said ad valorem taxes sufficient to provide for the payment of the interest on and principal of said Certificates, as such interest comes due and such principal matures, are hereby pledged irri ocakly for such payment, within the limit prescribed by law. Section 8. Said Certificates additionally shall be pay- able from and secured by the surplus revenues derived by the City from the ownership and operation of the City's Electric Light and Power System remaining after payment of all operation and mainten- ance expenses thereof, and all debt service (Refirement Fv.id), Re- sirve Fund, Contingencies Ft*a, Improvement Fund, and other require- ments, payments, and deposits required in connection with the City's Revenue Bonds (now or hereafter outstanding) which are pay- able from Net Revenues of the City's Electric Light and Power System. The City shall deposit such surplus revenues and the ad valorem taxes levied pursuant to Sectio,1 7 hereof to tho credit of the Interest and Sinking Fund created pursuant to Section 7 in an amount sufficient to pay ;.fie principal of and interest on said Certificates, and if surplus revenues are actually on deposit in the Interest and Sinking .und in advance of the time when ad valorem taxes are scheduled co be levied for any year, then the amount of taxes which otherwise would have been required to be levied pursuant to Section 7 may be reduced to the extent and by the amount of the surplus revenues then on deposit in the Interest and Sinking Fund. Section 9. That the Mayor of said City is hereby authox- ixed to have control of said Certificates and all necessary .4- '19. f y records and proceedings pertaining to said Certificates pend- ing their delivery and their investigation, examination, and approval by the Attorney General of the State of Texas, and their registration by the Comptroller of Public Accounts of the State of rexas. Upon registration of said Certificates, said Comptroller of Public Accounts (or a deputy designated in writing to act for said"Comptrollcri shall manually sign the Comptroller's Registration Certificate printed and endors- ed on each of said Certificatess, and the seal of said Comptroller shall be impressed, or placed in facsimile, on each of said Certificates. Section 10. That the City covenants to and with the pur- chaser of*the Certificates that it will make no use of the pro- ceeds of the Certificates at any time throughout the term of this issue of Certificates which, if such use had been reason- ably expected on the date of delivery of the Certificates to and payment for the Certificates by the purchaser, would have caused the Certificates to be arbitrage bonds within the mean- ing of Section 103(c) of the Internal Revenue Code of 1954, as amended, or any regulations or rulings pertaining thereto! and by this covenant the City is obligated to comply with the re- quirements of the aforesaid Section 103(c) and all applicable and pertinent Department of the Treasury regulations relating to arbitrage bonds. Ths City further covenants that the pro- ceeds of the Certificates will not otherwise be used directly or indirectly so as to cause all or any part of the Certificates to be or become arbitrage bonds within the meaning of the afore- said Section 103(c), or any regulations or rulings pertaining thereto. Section 11. That it is hereby officially found and deter- mined and declared: that a case of emergency or urgent public necessity exists which requires the holding of the meeting at which this Ordinance is passed, such emergency or urgent public necessity being that the proceeds from the sale of said Certi- ficates are required as soon as possible and without delay for necessary and urgently needed public improvements; and that said meeting was open to the public, and public notice of the time, place, and purpose of said meeting was given, all as re- quirad by Vernon's Ann. Civ. St. Article 6252-17. Section 12. That said Certificates are hereby sold and shall be delivered to First Southwest Company for cash for the par value thereof and any accrued interest to date of de- livery, and any.such accrued interest shall be deposited into the Interest and Sinking Fund. -5- ~ ~ ' ~ ~ ~ ~ v A~ ~ T W f ORDINANCE NO. 79 '83 AN ORDINANCE ANNEXATING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF i.0"p CONSISTING OF APPf;OXI'"ATELY 51G,241.0; SQU'M-RE FEET OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING IN THE WILLIAM BRYAN SURVEY, ABSTRACT NO. 148 , DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the request for annexation was introduced at a regular meeting of the City Council of the City of Denton, Texas, on the petition of John Stout; and WHEREAS, an opportunity was afforded, at a public hearing held for that purpose on September 4, 1979 for all interested persons • to state their views and present evidence bearing upon the annexation provided by this ordinance; and WHEREAS, this ordinance has been published in full at least one time in the official newspaper of the City of Denton, Texas, prior to its effective date, and after the public hearings; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION 1. That the hereinafter described tract of land be, and the same is hereby annexed to the City of Denton, Texas, and the same is made hereby a part of said City Ind the land and the present and future inhabitants thereof shall be entitled to all the rights and c,rivileges of other citizens of sa'd City and shall be bound by the acts and ordinances of said City now in effect or which may hereafter be enacted and the property situated therein shall be subject to and shall bear its prorata part of the taxes levied by the City The tract of land hereby annexed is described as follows, to-wit: All that certain lot, tract or parcel of' land lying and being O tuated in the City and County of Denton, State of •iexas, and being part of the William Bryan Survey, Abstract No. 1489 and being part of a tract of land as conveyed from W. H. Madewell, et ux to Earl Coleman by deed dated March 141 1947 and recorded in Volume 355, Pd9e 97 of tho Deed Records of Denton County, Texas, and more particularly described as follows; f t COMMENCING at the northwest corner of said tract said point lying in the South right of way line of U. S. Highway 380, and also being the northeast corner of a tract of land as conveyed from W. H. Madewell to Winnette Poetwood by deed dated April 13, 1947 and recrrd!!O 'n Yolur..2 333, Page 602 of the DEeo Records of Denton County, Texas; THENCE south 870 45' east along the north boundary line of said tract same being the south right of way line of U. S. Highway 380 a distance of 365.39 feet to a point for a corner; THENCE south a distance of 250.19 feet to the place of beginning said point lying in the existing city limits line as established by Ordinance No. 69-40; THENCE south 870 45' east along the existng city limits line a distance of 300.09 feet to a point for a corner; THENCE youth 00 ~1' 14" east a distance of 218.08 feet to a point for a corner; THENCE north 880 48' 55" west a distance of 300.00 feat to a point for a corner; THENCE north a distance of 223.67 feet to the place of beginning and containing 66,241.04 square feet of land, more or less. ' SECTION II. The above described property is hereby classified as 1;gricultural "A" District and shalt so appear on the official zoning map -if the City of Denton. Texas, which map is hereby amended accordingly. SECTION III. This ordinance shall be effective immedictely upon its passage. PASSED AND APPROVED this the A day of Aaldaldk", A. 0. 1979. I &1f CITY OF DENTON, TEXAS ATTES CITY OF DENTON, TEXAS APPR VED AS TO g ?L FORM: f BURT R, 50LOMONSt ACTING CTTY ATTORNEY, CITY Of DENTON, TEXAS i I' 1.1413 John Stout Annexation-Page two 79.8 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING URDINANCE NO. 79-69 CORRECTING THE METES AND BOUNDS DESCRIPTION OF LAND DISANNEXED ON SEPTEMBER 4, 1979 AS A PART OF THE CITY OF DENTON; AND DECLARING AN EFFECTIVE DATE. WHEREAS, it was proposed to the City Council of the City of Denton, Texas, that it was desirable and to the best interest of the City of Denton, Texas, that the property described in Ordinance No. 79-69 be disannexed as a part of said City; and WHEREAS, the City of Denton passed said ordinance on the 4th day of September, 1979 which t,as effective immediately; and WHEREAS, it appeared that the majority of the owners of the land more particularly described belo% were desirous of being disannexed from the City of Denton, Texas; and WHEREAS, it is necessary to amend said ordinance in order to correct the metes and bounds description of the land disannexed; said corrected metes and bounds description to read as follows: 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 James Severe Su;•voy, Abstract No. 1164, and being part of a tract of land as convoyed by Henry S. Miller Company, Trustee to Genelia Elizabeth King by deed dated December 21 1975, and recorded in volume 766, Page 681 of the Deed Records of Denton County, Texas, and being move particularly described as follows: BEGINNING at the northeast corner of said King tract, said point of beginning lying in the north boundary line of said Severe Survey at its intersection with the west boundary line of the Texas and Pacific Railroad right of way; THENCE southwesterly along a curve to the left, whose chord bears souta 290 40' 14" west a distance of 450.0 feet to a point; THENCG south 260 17, west along the east boundary line of said King tract, same being the west boundary line of said Railroad right of way a distance of 650.0 feet to a point; THENCE south 270 24' west along the east boundary lirke of said King tract same being the west boundary line of said Railroad right of way a distance of 500.0 feet to a point; THENCE south 280 02, west along the east boundary line of said King Tract same being the west right of way line of said Railroad right of way a distance of 2,782,62 feet to a point for a corner same being the south corner of said King tract; THENCE north 00 32' 30" west along the west boundary line of said King tract a distance of 710.84 feet to a point for a corner in the existing city limits line; THENCE north 280 02' east along the existing city limits line a distance of 2,1S6.SO feet to a point; THENCE north 270 24' east along the existing city limits lino a distance of 494.81 feet to a point; THENCE north 260 17' east along the existing city limits line a distance of 646.59 feet to the begi•i,iing of a curve to the right whose chord bears north 280 08' 38" east and whose chord length is 269.27 feet; THENCE northeasterly along said curve to the right; same being the existing city ),,ais line, a distnace of 269.26 feet to a point for a co~,ner in the north boundary line of said King tract; THENCE north 890 34' 11" east along the north boundary line of said King tract a distance of 400.60 feet to the place of beginning ,tn containing 31.023 acres of land, more or less. NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. (1) That the matters and facts recited herein in the preamble of this ordinance are hereby found and determined to be true and correct. (2) That, pursuant to Articles 970a and 1175(2), Vernon's Texas Civil Statutes, the above described property is hereby discontinued as a part of the City of Denton, Texas. (3) That the City Secretary iq: hereby authorized and directed to enter this Ordinance on the minutes and records of the City of Denton, Texas, to the effect that said property is disannexed as 4 part of the City of Denton, Texas, and after the entry of this ordinance the said property shall cease to be a part of the City of Denton, Texas. SECTION II. That this ordinance shall become effective immediately after its passage and approval. PASSED AND APPROVED this the 6th day of November, A. D. 1979. CITY OF DENTON, TFKAS ATT HOLTj CITY 't'ECtt~ CITY OF DENTON, TEXAS APPROVED AS TO L,G L FORM., BURT X, SOLOMONS, ACTING Y- ATTORNBY, CITY OF DBNTON, TEXAS 7 9 • p i S LL W b rl s t ~E ~ X1117 * ~x ♦ 'W J r x ! w ~ ;,t',i n 1 , ~?yt > v J, r.' p O„AI 'nA ' l"F.~ a .%Jy'. ,yr}7 x. y r ! r.' r i m Y v 1 r i ti 0. d ~/".A C'64n ,+yyFrl yAd'` Sri *p r G,J'} .uw+1y~a{3 <,in~q,6 ~~'14,jy t fk~q~Ari"fi lyC`^r 1% 1~,} P N. k 1~ Y~i ~,"~is ~~T x. u~ W +~~.~1 r7"^vt ~ fw~' r i rk ~ 1 } hT ~ + . I r. Mtd v, ~~ei; ,~,~~,~s ~1~ ~~e r fR}~, ~ ~"1^V~• - P u I r " i Ip f ~ 1 M -N rr a ~I r I R~'Y ~ r' f 5 ' AT A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON.. TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY JN THE 13TH DAY OF NOVEMBER, A. D. 1979. RES01,UT?0N WHEREAS, negotiations have taken place and agreements reached for the settlement of the lawsuit styled, W. C. GAY, ET AL v. CITY OF DENTON, TEXAS in the amount of $1,000.00; and WHEREAS, the City :ouncil of the City of Denton after care- ful consideration of the matter finds that the W. C. GAY lawsuit . ~l should be settled according to these negotiations and agreements; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON TEXAS: 1. That the City Attoritey is hereby authorized and directed i to expend money from the General Funds in the amount of $1,000.00 for settlement of the W. C. GAY, ET AL v. CITY OF DENTON, TEXAS n lawsuit. 2. That this resolution be effective immediately from and upon its passage and approval by the City Councii of the City of Denton, Texas. PASSED AND APPROVED this the 13th day oLlovember, A.D. 1979. 'i v I CITY OF DENTON, TEXAS ATTEST: UM HOLT, T TAAY- CITY OF DENTON, TEXAS APPROVEL AS TO LEGAL FORM: BUKT K. MORS9 ASSISTANT= ATTORNBY, CITY OF DENTON, TEXAS ~ ' ~ .y ,w ~ t~ mo't' 4^ i T ; ' , , r ~ t1 r, e r ~ a ~ THE STATE OF TEXAS RELEASE & INDEMNIFICATION OF CLAIRS__ COUNTY OF DENTON ) I, HAROLD REED, a resident of the City of Denton, County of Denton, State of Texas, in consideration of being allowed by the City of Denton to cut down and keep two dead trees located on city property, to-wit: at the Sherman and Stuart intersection, voluntarily and knowingly do execute this release and indemnifi- cation with the express intention of effecting the extinguish- ment of any and all claims against the C'_ty of Denton which may result from the agreement as ht-ein designated above. I, HAROLD REED, with the intention of binding myself, my heirs, executors, administrators, and assigns, does hereby expressly release and discharge all claims, demands, actions, judgments and executions ~:iicl: I ever had, or now have, or may have, or which my heirs, executors, administrators, or assigns may have, or claim to have, against the City of Denton, Texas created by, or arising out of, that certain agreement entered into between the parties herein and for all personal injuries, known or unknown, and injuries to property, real or personal, caused by or arising out of, that sequence of events which occur from the agreement as herein designated above. Furthermore, I HAROLD REED, agree to indemnify and save harmless the City of Denton, Texas from any liabilities or damages 'he City of Denton, Texas my suffer as a result of claims, aemands, co;;ts, or judgments against it created by, or arising out of the agreement 1,3rein designated above. If the City of Denton, in the enforcement of any part of this indemnity agreement, shall incur necessary expenses, or become obligated to pay attorney's fees or court costs, I, HAROLD REED agree to reimburse the City of Denton for such expens.a, attorney's fees, or costs within thirty days after receiving written notice from the City of Denton of the incurring of such expenses, costs, or obligations. I, HAROLD REED, have read this release and indemnity agree- ment and understand all of its terms. I execute it voluntarily and with full knowledge of its significance. EXECUTED this the day of November, A. D. 1979. ITAMD, REED ITNESS: CITY OF DENTON TEXAS BY: ATTEOT- P s CITY OF DENTON, TEXAS ~6 J n ~o 1 OATH OF OFFICE I, do solemnly cle, swear (or afffirm) t will faithfully execute he duties of the office of At't of the City of Centon, Texas, and will to the best of my ability preserve, protect and defend the Constitution and laws of the United States and of this State and the Charter and Ordinances of this City. Subscribed orn t before me the undersigned on this the day of , A.D. 19 ` . To certify which witness my an and sea of office. Ig CITY SECRETARY CITY OF DENCON, TEXAS 4 M ~A i of . AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DEN TEXAS, HELD IN THE PUNICIPAL BUILDING OF SAID CITY ON THE DAY OF NOVEMBER, 1979, i. S O L U T 1 0 N WHEREAS, the City of Denton finds it necessary to purchase a certain tract of land located in the City of Denton, Texas, and more fully described below; and WHEREAS, the City Council of the City; of Denton is of the opinion that the best interest and welrare'of the public will be served by the purchase of the parcel of real' estate described below; and WHEREAS, the City of Denton and owner of said parcel, Sherman Byrd and wife, Pearlean Byrd, agree that a consideration of $2,250.00 is a fair and agreed value of such described property; NOW, THEREFOPE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: 1. The City Attorney is hereby authorized to prepare whatever legal documents are necessary to complete the transfer of property so described below from the owner thereof to the City of Dcnton: 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 Hiram Sisco Survey, Abstract No. 1184, and being part of a tract of land as conveyed from M. C. Sheppard to Sherman Byrd ant. wife, Pearlean Byrd by deed dated April 16, 1951 and record-. in Volume 37S, Page SS7 of the Deed Records of Denton County,'Texas, and more particularly described as follows: BEGINNING at the southeast corner of said Byrd tract said point of beginning lying in the north right of way line of Prairie Street and also being the southwest corner of a tract of land, called "Tract Five" as conveyed from Lorene Sheppard Darrow, et al to Lorene Sheppard Darrow, et al by deed dated September 19, 1975 and recorded in Volume 754, Page 532 of the Deed Records of Denton County, Texas; THENCE north 890 16' west along the south boundary line of said trar.t same being the north right of way line of Prairie Street a distance of 43.15 feet to a point for a corner; THENCE north 220 4S' 40" east 40.0 feet west of and parallel , with the east boundary line of said tract a distance of '5.49 feet to a point; THENCE north 140 29' east 40.o feet west of and parallel with the east boundary line of said tract a distance of 114.01 feet to a point; THIINCE north 370 23' 30" east 40.0 feet west of and parallel with the east boundary line of said tract a distance of 97.49 fe,it to a point for a corner; THENCE north 760 22' 30" west 30.0 feet south of and parallel with the north boundary line of said tract a distance of 173.64 feet to a point for a corner in the west boundary itne of said tract; THEM north 00 001 30" west along the ayest boundary line of said tract a distance of 30.87 feet to a point for a comer same being the northeast corner of said tract; THENCE south 760 22' 30" east along the north boundary line of said tract a distace of 204.4 feet to a point; THENCE south 000 36' 20" east along the north boundary line of said tract a distance of 30.9 feet to a point for a corner, same being the northeast corner of said tract; THENCE south 370 23' 3011 west along the west boundary line of said tract a distance of 130.6 feet to a point; THENCE south 140 29' west along the west boundary line of said tract a distance of 108.8 feet to a point; THENCE south 220 45' 40" west along the west boundary line of said tract a distance of 52.2 feet to the place of beginning and containing 17,587.76 square feet of land, more or less. 2. The City of Denton is hereby further authorized to pay Sherman Byrd and wife, Pearlean Byrd as owner of said described property, consideration in the amount of $2,250.00 purchas3 price, plus any other necessary and reasonable costs of closing. 3. This Resolution shall take effect immediately from and after its passage and approval in accordance with .he provisions of the Denton City,Charter. PASSED AND APPROVED this the "day of November, 1979. i ML NA'SHO CITY OF DENTON, TEXAS ATTE (;I-1-1 SUAFTM CITY OF DENTONO TEXAS APPROVED AS TO LEGA F M: SM R. SULOMOWSO ACTING ' CITY ATTORNEY, CITY OF DENTON, TEXAS 4 1 F~ y r ~ 7 ~A Y~ ~ ~ , . ' `rs . l r i n L ~ C r i. ~ y « a' ~ A ~~cl t ~ i ~ r3 n ' lXeer ~ ~ Ci'aa • :,.,~4 ~~-r. 1~! i4 S i 1f • • ~ i. Attachment 1 SCOPE OF SERVICES 1. ELECTRICAL LOAD FORECAST The Consultant shall review all relevant issues relating to electrical power demands and energy uses in Denton and develop a forecast of electrical demand and energy requirements through the year 1990. 2. ALTERNATIVE KUM SOURCES The consultant shall thoroughly investigate the following areas for alternative power sources: a. Continued expansion of %holly-owned generation facilities by repowering existing two 60 mw units with gas turVnes in 1983 and a new combined cycle unit on fuel oil in 1986. b. Purchase share in major planned units of other Texas utility companies. c. Partic.;.pate in Texas Municipal Power Agency as presently executed and planned. d. Sale of existing facilities and assets to an Investor-owned utility. e. Purchase power from members of the Texas Interconnected System. f. Other alternatives such as Solar, Hydro-electric, Wind, Bio-Msss, Solid Waste, Etc. Each alternative above shall be analyzed under twr, situations: 1) Considering no power and energy to be available from TWA, arc:; 2) Considering Denton's planned allocation of power and energy to be available from TMPA. t REPOrAT It is desired that the report be completed and presented to the Public Otiiity Boaru and the City Council within sir months of award of contract. At the completion of the Study, the consultant shall present, in public meetings, the findings, assumptions, and conclusions of the study to the City Council and Public Utility Board. The consultant shall furnish 25 copies of the final report. .MOJBCT RAMER The City has established 3s Project Manager the Public Utility Board plus one council person, with the Chairman of the Board serving as the c)ntact person, and the Utilities Staff available for assistance. ACC, rS 1n INTO MATION The City of Denton will make available to tine consultant previous load forecasts prepared by the Electric Department staff; load forecasts and power supply studies made by the 7MPA staff; Management Study made by Gilbert Management Consultants in 1977; draft report of a load forecast and power supply study prepared for 7MPA by Stone ai.d Webster in 1979; and the recently completed study of future Denton housing requirements. ~r~r CON"RACr FOR 1980 ELECTRIC UTILITY POWER SUPPLY STUDY Contract made this 6th day of November 79 Y , 19 by and between the City of Denton, Texas, a municipal corporation organized and existing under the Home Rule Aarndment to the Constitution of Texas, (hereinafter referred to as Denton) and Gilbert/Commonwealth, Engineers and Cc,jultants, Company, a corporation duly authorized to transact business within the State of Texas (hereinafter referred to as Consultant). WITNESSETHs WHEREAS, Denton wishes to employ Consultant for t!k% purpose of conducting a •1980 Electric Utility Power Supply Rudy' as contemplated, corsisting of a, 1) Load forecast, and; Z) Power Supply Study; NOW, THEREFORE, the p•rfJ ea hereto do hereby agree as follower SECTION I Consultant shall perform the services a.s set forth in Attachment 1 hereto, and as further described in Consultants' proposal as submitted on October It 1979, ' SECTION II In consideration of the services performed by Consultant under this Contract, Denton shall pay Consultant: A. Professional Services Charges for professional services of Consultant's staff who may be assigned t,~, the project will be billed in accordance with Consultant's standard hourly rates for the various categories of personnel as set forth in Attachment II. Time charges will be made for personnel only while they are actually at work on the rssigraient and for travel time during normal working hours. Charges are also made for professional servicei related to computer time as these are required and employed in conjunction with the amsignaent. B. Out of Pocket Exr*nses In addition to the cost of professional services, certain other expenses c.nrfpting of, but not limited to, travel and living expenses of Gilbert. Associates' employees whey; engaged on a project away from 'Ne )ome officer and lone distance telephone and telegraph charges will be billed at cost. Printing, reproduction and data processing charges as required will be billed in accordance with Consulta-.10 standard rates prevaiiing at the time such services are rendered. The use cf Consultants' automobiles shall be charged at $12.00 per day plus 120 per mil,.4. If , Consultants' use their n:n cars to make & trip in Denton's interest, Denton will be billed et 180 per mile. Rented automobiles will be billed at cost. Unless authorized by Denton, Consultant's compensation under Paragraph A of this Section shall not exceed $58,000 and Consultant's compensation under Paragraph B of this Section shall not exceed $10,000. SECTION III Method of oillin2: Billings will be rendered monthly for the preceding month's services performed and expenses incurred o, Denton's behalf, and will be due and payable thirty days after receipt of the invoice. SECTION IV Consultant will utilize its own personnel in the consideration of the financial, load forecasting and other specialization areas and under no circumstances shall Consultant be authorized to enter into any contract with another Oich would obligate ` Denton to pay all or pa.t of the amount due und+~r any such contract Irrespective of whether recovery might be based upon an express or implied contract (quantum meruit). SECTION V Denton may terminate this Contract upon thirty days prior written notice to Consultant. In the event of termination, Denton shall pay Consultant for full services rendered and expenses incurred to date of termination and Denton shall receive all completed analysis comparisons, and work done to the date of termination and any work In progress or incomplete reports will be delivered to Denton. SECTION VI Consultant will complete its' services under this Contract within one-hundred eighty days of the date of execution of this Cor,!ract. SECTION VII In no event shall Consultant be liable in any cause of action for special, indirect or consequential damages of any nature. SECTION VIII The provisions of this Contract constitute the entire agreement between the parties and supersede all prior communications, representations, and agreements, oral or written, between the parties hereto with respect to t7ie subject cf this Contract. IU WITNESS WiiEREOF, the parties hereunti set their hands and seals the day and year first a5ove written. Attests Gilbert/Commonwealth, Engineers And Consultants, Company B /112Z j T le 4 cL' Title Attesti City of Denton, Tazas By r BY Title. _ Title MAYOR, CITY OF DENTON 4r4 Gilb©rt/Commonwealth engfneen P6 MSLRants GILBERT ASSOCIATES, INC. P. 0 Box 1498, Raad % PA 19603 Tel 215 775-260, Cebte Gilesoc/Telex 836431 November '14, 1919 Mr. Ernie B. Tullos Project Coordinator City of Denton Texas Municipal Building Denton. Texas 76201 Dear Ernie: Enclosed please find two executed contracts for the power supply planning study. In addition, I am enclosing a fairly compi6,cnslve data request for your review. Also, please be advised that Bruce Marlgione and I will be in Ceiton to meet with the Public Utility Huard on Wednesday morning, November 21, 1979. as per your request. After u.-eting with the Board Bruce and I would also like to meet with you and Bob Nelson to discuss in greater detail our data request. Obviously, our request for data is contingent on it being available and without casing any major disruptions in the workload of your staff. If you have any questions before cur meeting, please call at your • convenience. Very truly yogrs, A. A. Herman, Jr. Project Manager AAH:pav enclosures OQ,IGr'NA~ T. Ci7y Secre~e,~ l1/I9/~9 ~p~ 525 Lerw * Anew, Med% PkVlap,ntaa Pad, Gran Mils, h,drs PA Ply 115-M 209 (aat Wi" VW Annw, )wMxm, M SV 769=, 00 Pae Shag, Nn Yot NT M 48244M OATH OF OFFICE I, 1, O,y~E l~ do solemnly T swear (or affirr) 'that I will faithfully execute the duties of the office of _ l7~!`1dElP-~G!''GT~tg~_ ~'aDE0644PD of the City of Centon, Texas, and wil' to the best of my ability preserve, protect and defend the Constitution and laws of the United Slates and of this State and the Charter and Ordinances of this City. Subscribed •n sworn to before :ie the undersigned or, this the G day of A.D. 19_: To certify wc witnes _4 s ' fia`n I and sea of o'fice:. CITY SECRETARY CITY OF DENTON, TEXAS i L rr.. 6`i's 4 r F LOATH 0',: OFFICE 4z /I f,y do solemnly swear (or affirm) 'that I will faithfully execute the duties of the office of f/~lBy~~- E flrAL CGAF la"A 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 Mate and the Charter and Ordinances of this City. . Subscribed and sworn to before me the undersigned on this the day of A.D. 19_Zf To certify which witness my an and s`ea~of office. . OPW SECRETARY- CITY OF DENTON, TEXAS s ~ ± .i o r T fi n n ~ ~ ~ r i -1 Y ~ I ~ ~ LUMBERMENS MUTUAL CASUALTY COMPANY IA MUTUAL 03VIli" I LUMP"11) , Pomr Office. Long C:o:n, 111inol. 60019 THE AMERICAN INSTITUTE OF ARCHITEC'i S w \ 1•x,1 AIA f wnenf A311 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that C-xc.1 buildero o lot 503 S. pipeline ar.., wet 1,. nwa^d Mdt~a a kt Ut'1 at Cortrnty) Road, Euless, Texas as Principal, hereinafter called Contractor, and, LUMBERMENS MUTUAL CASUALTY COMPANY, Long Grove, Illinois 60049 as Surety, hereinafter called Surety, are held and firmly Wind unto City of Denton, iNet r lwt rw r.T•.,e adder.. W W60 1464 co Oww) Denton, Texas as Obligee, hereinaftrvcalled Owner, intheamount of Sir hundred oitbty-tide tbouaand, two hundred twenty and no/100-------------------- Dollt'sk3 6830220,00 for the payment whereof Contractor and Surety bind themselves, their heirs, eyecutors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has Lywrittenagreement datedNovewber o 19', 7f, entered into a contract with Owner for ' construction of Central Fire Station, West McKinney and Cedar St. III aeeoadaneewith Drawings and Spe6fieations prepared by Architectural Collective, Inc. (Het hurt lull ramt and tddrr s orkya SRN d Archlwt) 404 West Oak, Denton, Texas 76201 which contract Is by reference made a part hereof, and is hereinafter referred to as the Contras:, AIA DOCURC.'', A311 a PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND r AIA FEBRUARY, 1970, CO. a THE AMERICAN ;NST! iUTE OF ARCHITECTS, 173514.Y. AV E, N W, WA;H,0,C,20006 FA 753 2.78 5M v.r.. w u. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; utheriwise it shall remain In full face and effect. The Surety hereby waives notice of any alter atlonor extension under the contract or contracts of completioc arranged under of time riade by the Owner. this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not a%eeding, includ- Whenever Contractor shall be, and declared by Owner to be Ing other costs and damakes for which theSurety may be liable in default under the Contract, the Owner having performed hereunder, the amount Ft forth in tha fir•r ^aragraph hernof. Ow,ler'aob;gatiins theitunda, (he Surety maypromptlyieniedy The term "balance of the contract price;" as used in this para- thedefault, or st all promptly graph, shall mean the total amount payable by Owner to Con- tractor under the Caitract and any amendments thereto, less 1) Compute the Contract Pn acca dance with is tams and con the amount properly paid by Owner to Contractor, ditpns,or Obtain a bid or bids for cornplei the Contact in accord Any suit under this bond must be InM.1uted before the ex- once with its terms and conddans, and utxwn dcter,mnatwn by piration of two (2) years from the date on which final payment Surety of the lowest re4Donsible bidder, or, d the Owner clots, under the Contract fans due. upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such No right of action shall accrueon this, bond to or for the use bidder and Owner, and made available as Work progiesses (evtn of any person or corporation other than s it Owner named herein tho)gh there should be a defaurl or a suc,,ession of defaults or lheheirs,executors, administrators or si ccessorsof Owner. f Vgnedand sealed this 8th day of November 14 74 C-Xoe builderi Ines ~ - (Rineipaf) ,SeYI J tL ,C 'e, (T' 1 IUMBERMENS MUTUAL CASUALTY COMPANY \ (Surety) tse.n (Witness) J Derrell C. Dodaona atto.-nay-in-tact Esaeutetd In Triplicate THIS BOND HAS BEEN REPRODUCED BY PERMISSION OF THE AMERICAN INSTITUTE OF ARCHITECTS LUMBERMENS MUTUAL CASUALTY COMPANY ' (A Mutual Insurance Company) Long grove, IL 60049 1 I STATUTORY PAYMENT BOND-TEXAS (McGregor Act - Public Works) (Penallr of This Bond must be 100% of Contract Amount) KNOW ALL MEN BY THESE PRESENTS, That C-Kos Builders, Inc, Euless, Texas ___(hereinafter called the Principal), as Principal, and LUMBERMENS MUTUAL CASUALTY COMPANY, (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Denton, Texas (hereinafter called the Obligce, in the amount of six hundred eighty-five thousand, two hundred !weary and No/100---------------- - - ____DOLLARS (S 689, 220.00 } for the payment whereof the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the obligee, dated the . _ __-8th d f November 197_9to construct Central Tire Station, West c~ tansy as C@&1 which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor In the prosecution of the work provided for in said contract, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond Is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, Regular Session, 1959, and all liabi;ities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were cvp;,-d at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of - November 19?9 r Executed in Triplicate C-)Koa Builders, Inc, d~ Princiral LL RMENS TT A, CASUALTY COMPANY Darrali C, Dodson Attorney-In-Fitt FA 857 6-78 2M /nnied In U.S.A. IUMBERMENS MU11JAl CASUALTY COMPANY Home Office: Long Grove, IL 60039 tn,unance1 POWER OF ATTORNEY Know All Men gy These Presents: Thal the Lumbermens Mutual Casually CorApans, a corporation urganired and existing under the laws of the Stale of Illinois, and having its principal office in long Crose. Illuwi,, dues hereby appoint ' • • • • • • • • • • • • . s Steve itickenbacherl Derrell C. Dodsonr Sarah 1lugginsr all of Dallas, :Free (tACB)ea,eaaaiae its true and lawful ager ls) and atturneylshin fact. to make, execute, seal, and deliver during the period begin- ning with the date of issuance of this power and ending December 31, 1980, unless sooner revoked for and on its behalf as surety, and as its act and decd Any and all bonds and undertakings.010aaalf1aatfaaaa EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or underl:king which guarantees the payment or cc!!cction of any promissory nose. check, Jraft or letter of credit. This authority does not permit the same obligation to be split into Iwo or more bonds in order to bring each such bondwilhin the dollar limit of authority as set forth here,n. This appointment may be revoked at any lime by the lumbermens Mutual Casualty Company, The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Lumbermens Mutual Casually Cumpany as fully and anlpli, I,; all intents and purposes, as if the same had been duly executed and acknowledged by d%-ularly etc( led ullw.rs at ,Is principal office in Long Grove, Illinois. THISAPPOINTMFNT SHALL CEASE AND IERMINAIE WITHOW N'OIKA As 01 DECEMBER 31, 1980 This Power of Attorney is executed by authority of a resolution aduptud by the Board of Directors of said Lum- bermens Mutual Casualty Compact, on !slay 18, 1965 at Chaago. Illinois, a true and accurate copy of which is hereinafter set forth and is hereby curt fled to by the undersigned Secretary or Assistant Secretary as being in full force and effect: "VOTED, Thal the President ur any Vac Piesatenl or Scuer,(rt Of any Ii,sioap r Secretart shall ha.e puArr and aulhoray to appoint agents and allom"s in fart. and lo aullfwgv thorn 14) execute off twhalf or the company, and anach the seal of the company thereto, bonds and underlakrngs, recugnydnxrs ow1r.10% of mdemn ly a';tJ other xsnt,ngs obf,gatury in rite nature thereof, and any such officer of the company may appoint aT enr. h,r aueptance of praxes11 This Power of Attorney is signed, sealed and certified by facsimile under and by authorill of the following re- solution adopted by the Board of Directors of the company at a meeting duly called and held on the 201h day of May. 1975: "VOTEb, Thal the signature of the President, any Vice Presidenr. Se(relary or Assistant Secretar), and the Seal of the Corry, pany, and the certification by any Secrelary of As>Islanl Scuerart, may he allrxed by facsimile an any power of allorne executed pursuant to resnlulion adupted by the Board ur Directors on %1111 IB. 1965. and ar,y such power so exerule~ seated and cerlified with respect to any bond or similar underlaking lo ❑hrch o is attached. shall continue to be falid and binding upon the Company." In Testimony Where ;f, the lumi ermens Mutual Casualty Con,pany has caused this instrument to be signed and its corporate sea. a be affixed by its authorized officers, this lBth___day of _ Oetober__ 1979 Attested and Certified: LUMBERi11ENS MUTUAL CASUALTY COMPANY 8 By Swan, secretary STATE OF ILLINOIS G it Kasbohm, Vice President COUNTY OF McHENRY } 1111 I, Jo Anne Krein, a Notary Public, do hereby certify that G. H. Kasbohm and C. G. Swan personally known to me to be the same persons whose names are respectively as Vice President and Secretary of the Lumbermens Mu- tual Casualty Company, a Corporation of the Slate of Illinois, subscribed to the foregoing instrument, appeared before me this day In person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corpora- tion and as Ihelr own free and voluntary act for the uses and purposes therein set forth. • r.r.~ 0 My commission expires: March 21, 1982 fo Anne Krein, Notary Pubf'c fAl7e 1141 IM rAW11D IV USA rower d Anorn,rterm CERTIFICATION I, Sven L. Johanson, Secretary of the Lumbermens Mulual Casualty Company, do hereby certify that the alta-hed Power of Attorney dated GLlober 18, 1979 on behalf of Sams a abotre.rrrrrrrrrrrrrr a - the same has been in full force and effect_ since the date (hereof and is in full forcre anddeffect on the datehof this certificate; and I do further certify that the said G. H. Kasbohm and C. G. Swan who executed the Power of Aflorney as Vice President and Secretary respectively were on the date of the execution of the at. lathed Power of Attorney the duly elected Vice President and :ecre!arv of th^ L, rr ,ermeris moual "5valty Company, IN TESTIMONY WHEREOF, I have hereunt s bscribed my name qfid afli ed the cor orate al of the Lumber• mens Mutual Casualty Company on this_ ~tk _day of ovember p ,19_ 7Q SW'XSig < This Power of Attorney limits the acts of those named therein to the bonds and undertakingsespecific lly namred therein, and they have no authority to bind the Company except in the manner and to the extent herein stated. • r 1 f6Cl•669-t1i ~u~dul01 CKSL Sn31 I+AIO OZl 171nS r anuany ap;nua D 9O9i1 k NUMSUI 3y Spaog ~aOS~~•~a a~Quaxa~~ C~ f e • k..., .Ili r ' w . LUMBERMENS MUTUAL CASUALTY COMPANY (A MVr UAL L43UNANCE COX/ANN) Ilmne OIYre: Long Grove, IMT101e 60049 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Drcurrent"I i Performance Bond KNOW ALL MEN BY THESE PRESENTS: that C-Koe Builders, Inc. 303 S. Pipeline li~we~v~t r„e lrv e~d.ddfnsm Weal hoe of Contrecta) Road, Euless, Taxes as Principal, hereinafter called Contractor, and, LUMBERMEN$ MUTUAL CASUALTY COMPANY, Long Genre, Illinois 60049 as Surety, hereinafter called Surety, are held and firmly bound unto City of Denton, W er a u'sert lull n a-f a,4 wide ns v legal tall, of Cn,w) Denton,, Texas as Obligee, hereinafter called Owner, in the amount of Six hundred eighty-fire thousanct, two hundred twenty and a'0/100 Dollars($ 683,220.00 for the payment whereof Contractor and Surety bind themselves, their heirs, executors, admin(strators, successors and assigns, jointly and severalty, firmly by these presents. WHEREAS, Contractor has by written agreement datedNovomber 8 19,79enteredinto a contract with Owner for construction of Central Fire Station, Kest McKinney and Coder St. In accordance with Drawings and Specifications prepared by Architectural Collective, Inc. tffue mserl fug mime And address to legalt!le of Archded) 404 west Oak, Denton, Texas 76201 which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA OOCUM[MT A311 a PERFORMANCE BOND AND moll AND MATERIA! PAYMENT BOND a AIA FEBRUARY, 1974, ED. a THE AMERICAN INSTITUTE OF ARCHITECTS, 3135 N.Y.AVE, N.W, WAS!4.,D.C.20006 VA 753 2.78 SM enrn.c IN u,.,w NOW, THEREFORE, THE CONDITION OF THIS OBIICATION is such that, if Contractor shall prompty, and faithfully perform said Contract, then this obligation shall be null and void, otherwise it shall remain in full face and effect. The Surety hereby walves notice of any Aeration or extension under the contract or contracts of completion arranged under of time made by the Owner. this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price, but not exceeding, Includ- Whenever Contracts shall be, and declared by Owner to be Ing other costs and damages for which the Surety may be liable In default under the Contract, the Owner having performed hereunder, the amount set loth in the firs) Owner's obligations thereunder, the Surety may promptry remedy paragraph hereof. thedefault, or shall promptly the lam "balance of the contract price;" as used In this para- graph, shall mean the total amount payable by Owner to Con- tractor under Ihu Cenlract and any amendments thereto, tiers 1) Complete the Contract in accordance with its tams and con the amount properly pad by Owner to Contractor. ditinns, or 2) Obtain a bid or bids for completing the contract in ar, cad any suit under this bond must be instituted before the ex- once with its terms and carddoors, and upon determination by prrvlion of two (2) years from the date on which final payment Surety of the lowest responsible bidder, of if the Owner its, under the Contract falls due upon determination by the Owner and the Suety portly of the lowest responsible bidder, arrange for a coerrtracl between such No right of action shall accrue on this bond to or for the use bidder andOwner,andmade availableasy~i vogressesleven of any person or corppralonother thin the Owner named herein though there should be a defau l or a success on of defaults or the hers, executors, adm niV.,lors or successors of O;rner. sly Signed and sealed this 8th day of November 10 79 C-Roe Builders, inc. (principal) isou l1Ni ess) Q. (Title) LUMBERMEN$ MUTUAL CASUALTY COMPANY Isur.ry) ls.n (Witness) ) l (Tile) Darrell C. Dodson, attorney-ta-[act tstacnted in ?r.lpl±cate THIS BOND HAS BEEN REPRODUCED BY PERMISSION OF THE AMERICAN INSTITUTE Of ARCHITECTS r LUMBERMENS MUTUAL CASUALTY COMPANY (A Mutual Insurance Company) Long Grove, IL 60049 N1SQRal1Ce CQIIF9I1fP.9 STATUTORY PAYMENT BOND-TEXAS (McGregor Act - Public Works) (Penalty of this Cone' rr,ust be t00"i~ or Contract Amount) KNOW ALL MEN BY THESE PRESENTS, That C-Koe Sunders. Inc. Euless, Texaco -(hereinafter called the Principal), as Principal, and LUMBERMENS MUTUAL CASUALTY COMPANY, (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Denton._ Taxes (hereinafter called the Obligee, In the amount of Six hundred eighty-five thousand, tvo hundred twenty and No/100------------------------ DOLLARS (S 6839220.00 ) for the payment whereof the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Princ!pal has entered into a certain written contract with the Obligee, dated the . . ___8tb day of November 1979 to coastrue t Central Piro! Station, West McKinney and Cedar St. which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION 15 SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 51CO of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined In accordance with the provisions of said article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of November _ 19 79 Executsd in Triplicate C-Koae Builders~Inc. Principal jERM ENS~CA5UALTY COMPANY D grill C. Dodson Attorney-In•Fact FA 857 6-78 2M hinted to U3.A. LUMBERMENS MUTUAL CASUALTY COMPANY Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the Lumbermens Mutual Casually Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illino s, does hereby appoint • 4,a • 4 r 4 a r • • e Steve Rlckenbacherir Derrell C. Dodson; Sarah .Yu991nst all of Dallas, reran trum)+aaa►+rara its true and lawful agent(s) and attorney(s)-in-face, to make, execute, seat, and deliver during the period begin- ning with the date of issuance of this purser and ending December 31, 1980, unless sooner revoked for and on its behalf as surety, and as its act i.nd decd Any and 412 bonds and CVldertakl nga.1I111Pl Al AI11 R11y IT EXCEPTION: NO AUTHORITY is g-anted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into tyro or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein, This ar+noinlmenl may be revoked at any Iirne by the Lumbermens Mulual Casuahy Company. The execution of such bonds and undertakings in pursuance of lhese, presents shall be as binding upon the said Lumbermens Mutual Casuals Company as lofty and amply to all inlents and purposes, as if the same had been duly executed and acknowledged by its regularly elected offic ers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TLRMINAT[ WITHOUT NOTICE AS OF DICEAt8IR 31, 1980 This Power of Attorney is executed by aufhurify of a rewfuhon adopted by the Board of Directors of said Lum- bermens Mutual Casually Company on May 18, 196; al Chicago, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary or Assislanl Secretary as being in full force and effect: "VOTED, Thal the President or any Vlce Pro„devN or Secretary ul any A„„ranl Secrelars shall hate purser and authority to appoint agents and attorneys in lace, and to autrlorue them to cw(u+e un hehall of the company, and alrach the seal of the company thereto, bonds and undertakings reu,gn nrues runtracl, of wdemn ry and other ssnicngs obligatory in the nature thereof, end any such officer of the company may appuml agenl, for ac c eptanco of profess " This Power of Attorney is signed, sealed and certified by facsimile under and by authority of file following re- solution adopted by the Board of Directors of the company at a meeting duly called and held on the 20th day of May, 1975: "VOTED, That the signature of the President, any VICe Presdent, Seuerrn or Asslsianf Secretary, and the Seat of the Com- pany, and the certification by any Seercrary or Asslstani Sec,el,lry, play be aflrxed by facsimile on any posAer of aftorne executed pursuant to resolution adopted by the Board ul fhreclors on %lao, 16, 1965, and any such power w ececuted, sealed and certified with respect fu any bond or similar undertaking to sshich if is attached, shall continue to be satld and binding upon the Company." In Testimony Whereof, the Lumbermens Mutual Casualty Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized otlicers, This 18tfi___day of OctoDsr Attested and Certified: ' 1979 - LUMBERMENS MUTUAL CASUALTY COMPANY 4.1 ll is> t s By C. G, Swan, ecrelary, - STATE OF ILLINOIS G II Kasbuhm, Vrce President COUNTY OF McHENRY } ss I, Jo Anne Krein, a Notary Public, do hereby certify that G, It. Kasbohm and C. G. 51A,an personally known to me to be the same persons whose names are respectively as Vice President and Secretary of the Lumbermens Mu- tual Casually Company, a Corporation of the Stale of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknoyvledged that lhey being Ihcreunto duty authorized signed, sealed with the corporate seal and delivered Ilie said instrument dS the free and voluntary act of said corpora- lion and as their own free and voluntary act for the uses and purposes therein set forth. My commission expires: March 21, 1982 to Anne Krein, ko4ry Public tAa)p !}T! TM Power of Allwmm-Tr.n PAwifD 14 U y A CERTIFICATION 1, Sven Johanson, Secretary of the Lumbermens Mutual Casualty Company, do hereby certify that the attached Power of Attorney dated-- _ October I8, 2979 on behalf of Sane d? above. II ARRl11f11N the same has been in full force and effect since the date Ihereol and is in full force aandeffect on copy date hof this certificate; and I do further certify that the said G. H. Kasbohm and C. G, Swan who executed the Power of Attorney as Vice President and Secretary respectisely were on the date of the execution of the at- tached Power of Attorney the duly glecled Vice President and Secretary of the Lumhermenx Mutual Casualty Compan}. IN TESTIMONY WHEREOF, 1 have hereuni bscribed m name the corporate f}aI of the Lumber- mens Mutual Casualty Company on this t~ day o_Nt~'~e~~~ 19 C This Power of Attorney limits the acts of those named therein to the bonds and undertakingsrspecifically narmed therein, and they have no authority to bind the Company except in the manner and to the extent herein stated. THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document Arof Standard Form of Agreement Between Owner and Contractor sshrm the Lads of pay-nlrnt is a STIPULATED SUM T isow(, aw lt.As isfroRrA`,f II(,AI ( ()NSI0t'fNCf5, CONSM1AIION WYnf A.VATIORNIS ISIA'(01rRA(, fi)I%11)If IO1/S(;t11fill tI10VORAIOf)IfICAIIO.N Use only niih the lalest rdition of A0 Owumrnl A:01, Grind Cnnditrons of the Confracl for Construction. This document has born approved and rn~orsed by The .1+saa iattd Central Conirarlurs of Ameriea, AGREEMENT made this seventh day of November in the year of Nineteen Hundred and seventy-nine BETWEEN the Owner: City of Denton. Texas and the Contra-tor: C-Koe Bui:,ters, inc. Euless, Te,...e the Project: Centre Fire Station C Denton, Texas I I the Architect: ThP Arrhitectural Collective, Inc, Denton, Texas The Owner and the contractor agree as set forth below, AIA DOCUMENT A101 • OWNER-CONTRACTOR AGR[EMENT 0 JANUARY 1971 [OITION 0 AIA® a 01971 THE AMERICAN INSTITUTE Oe ARCHITECTS, 1735 NEW YORK AVE., N.W„ WASHINGTON, D.C. 7rYJ06 ARTICLE T THE CONTRACT DOCUMENTS The Contract rocument, conl,t of this Agreement, Conditions of the Contract (General, Supplementary and other Condition/, !)raisin,;., er,.,cif •atrri., all P.ddenda issued prior to eteculion of Ihis Agreement and all Modifications issued subsequent Ihercio, lhe,e form the Contract, and all are as fully a part of the Cuntrac!. as if attached to the Agreement or repeated herein, An enumeration of ,'ie ('onffm t Documents apj; -rs in Arl,cle 7. ARTICLE 2 THE WORK The Contractor shall perform 11i the work rvaiuNd by the (onlracl Documents f.;; (Iferr incur Ilse NpPan dn,rp L,- ul Ibr 11 ml a, ,"'f on oihrr Cnnl,u 1 1),, , ,",1, , Central Fire Station Denton, Texas n • ARTICLE 3 TIVE OF COMMENCEMENT AND COMPLETION I The Wo-ic to be performed under this Contract shall be commenced November 19, 1979 and completed in two hundred seventy (270) days (Here fnwl any (pedal proof, lone far 1,quidalcd drmasr, rrla rIA In Lai rVre to lnmpir If ran f'"w Liquidated damages shall be $100/day beyond the above-mentioned 270 days. All times stated herein or in the contract doc~ lments aro of the essence hereof. AIA DOCUMENT A101 a OWNStt-CONTRACTOR AGREEMENT a JANUARY 1974 EDITION a AIA® a 01971 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 2)000 2 ARTICLE 4 CONTRACT SUM The Osaner shall pay Ilet` Central for for the perfornlan(e of the Wm l%, s{lhje( t to additions and deductions by Change Order as proO io(' in the o:'( ndil,.)n of the : e,111 let, in . uiwnr funds, Ihr - )nlracl Sum of 'GNIr here Ihr lump rmn lmnu^~ u„,, rr., r, Lnlh v dr'.r r.r , Six hulydred eighty five thousand, six hundred and twenty and no more dollars ($685,620.00) ARTICLE S PROGRESS PAYMENTS Baud upon Appli(mions for Palmcnl sul,m 1Tt d to rho, A,( h bx l 1+y ti' ( nntr,e'er and ( etmit Nes fur Val.ment issued by the Architecl, the (Tanner shall male procre~s lm%nicnts co a( t e oil rd Iho Cunllat I Sure lu the Contractor as pro- vided in the Conditions of the Cunlract as folleos. On or about the tenth day of ea(!, tnondl ninety per cent of the proportion Of the (llnbacl `um properly allot .4111p, In 111mr, III ltenal. end uquil went Inurporated in flits (York and ninety pe'tent of theperhen of the (onh.((t SWITI pr01101y allocable to materials and equipment suitably stored at the site or at some other lm,ol,on a,KOVVI upon it. ssnting by the parties, up to twentyf ive days prior to the date on sst+ich the'-pphr Ilion for Pasmenl is suhm ved, less The aggrepate of previous paymenls 1 e~a;,h case; and upon 5 l' intial ('onq,feL( i of Ihu entire 1Yell, a sum sufncicnt to n(rease the total payments tog RSine ty fIve a or tent of the contra(I Sum, v,% suth rot, nages as the Arthrte(t shall determine for all incomplete Work and umettled (laims. ru nut to'r'e} rhrnhetr in the co,1tN(I (/,,rum'wl here Imr,I v, p" I d I" 1 110 f p,• „1 dvr ,r.r IY 1 vn or, I rrrten Gage or tomprrl,on After the Project reaches 75% completion the amount of retainage shall be 5%, in lieu of 102. Any moneys not paid when due to either party under this Contract shall bear Interest at the legal rate in force at the place of the Project. AIA DOCUMENT A101 s OWNER-CONTRACTOR AGRI[h(ENT r JANUARY 1101 EDITION r AIAS r 01974 TE(E AM[RICAN IN5TITU TE Of ARC1fITECTS, 17JS NEW YORK AVE., N.W, WASHINGTON, D.C. 20006 3 •g. ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor thirty days after Substantial Comptvflan of tltc Work unless otherwise stipulated in the Certificate of Substantial Completion, provided the Work has then peen completed, the Contract fully performed, and a final Certificate for Payment has been issued by the Architect. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions. 7.2 The Contract Documents, which constitute the entire agreement between the Owner and the Contractor, are listed in Article land, except for Modifications issued after execution of this Agreement, are enumerated as follows: 0M berow the Agrerment, Condolionr of the Conrrarl rCrne,aL Suppfemenfary and nfhrr Cnrd,rionsl. Orawingi, Speciriulions, Addenda and accepted Afte,m'cs, showing page or shert numbro m afr uLes and dam ncc,e apptaoWe 1 Agreement A101, 1974 Edition, dated 11-7-79 General Conditions to the Contract Supplemental Conditions to the Contract Drawings Sheets 1 thru 13, S-1 thru S-5, PME-1, P-21 P1-2, PM-3, t-2 thru E-4 Specifications Sections I, II0 III, and IV Divisions 1 thru 10, 12, and 15 thru 16 Addendum No. 1, dated 10-29-79 (Note: Alternates 1, 2, and 3 are all deleted from this Contract) Addendum No. 2, dated 11/7/79 I I I I I I This Agreement executed the day and year first written above, t I OWNER CONTRACTOR Ci Denton -Koe 8uflderis Inc. C (1/ . 14 / _ ~~L~etrfafe _ AEA UOCUMENT A111 a OWNER-CONTRACTOR AGREEMENT JANUARY 1974 EDITION • AIA®e 01974 THE AMERICAN INSTITUTE OF ARCHITECTS, 17JS NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 4 ADDENDUM NO. 29 DATED 1117179 This-iOdpndum attached ac a part of the Standard For= of Agreement Between Owner and Contractor. COMPLIANCE WITH CONSTRUCTION LAWS AND REGULATIONS The contractor shall comply with all laws and nrdinances, and the rules, regulations, or orders of all public authorities relating to the performance of the work herein. If any of the contract documents are at variance therewith, he shall notify the architect promptly on discovery of such variance. RESPONSIBILITY FOR NEGLIGENCE OF EMPLOYEES AND SUBCONTRACTORS The contractor assumes full responsibility for acts, negligence, or ommissions of all his employees on the project, for those of his subcontractors and their employees, and for those of all other persons doing work under a contract with him. WARRANTY OF FITNESS OF EQUIPMENT AND MATERIALS The contractor represents and warrants to the owner and the architect that all equipment and materials used In the work, and made a part of the structures thereon, or placed permanently in connection therewith, will be new unnless otherwise specified in the contract documents, of good quality, free of defects and in conformity with the contract documents. It is understood between the parties hereto that all equipment and materials not so in conformity are defective. ~d certnicate a THIS CERTIFICATE 15 ISSUED AS A MAI~111`1 OF INFORMATIOM ONLY AND CONFERS El RIGHTS VP04 THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND WALTER JE COVERAGE AFFORDED tY THE POLICIES LISTED BELOW Ickenbacher-Dodson COMPANIES AFFORDING COVERAGES & Company _ COMPAN --f IIrT(R A St. Paul Mercury Insurance Co. Bonds & Y Insurance 12606 Greelwille Avenue - Suite 120 - DalIas, Texas 75243 COMPANY LETTER B Gulf Insurance Company NAME A640 ADDRISS Or INSURED COMPANY L(TI(R C-Koe Builders, Inc. 503 South Pipeline i°niA Euless, Texas 76039 COMPANY E LETTER This Is to Emil that KieE of Insufancs 11111ed below have bean issued to This, insured named above And are in lvice at IN s time twithslandin; any rpuirement, term or condition of any Dontrad or othe. docurnenl with nDSpect to hhkh tins ceruficale may Da Issued a may pill IM insurance aHaodW try the polkia suibed herein is saroct to ap IN tarns, exclusions and conditions of such a COMPANY TYPE Of INSURANCE POIK" mla0 A I n ousan is IEEI[R POLICY NUMp(q EAPIRATiON DATE EACH looo) AOONEOATE CENERAI 1IA87lITY OCCURRENCE - I 4 ~J COMPpUR NSM1! ruuM BODILY NJURY S 300 300 0 PPEMis(s--CP(RAr lops PKP(PTY DAMAGI 4 B (IPLOSK)N AND COLLAPSE GA 5011060 3-1-60 300 s 300 HAZARD UND(ROPOL'ND HAi AP,) PRODLK IS C CMPI I r l p OPERATIONS nAIARO M0I Y IIIAYO CONTRACTUAL CUPA`A( rPVFlf1f V DA DAMAGE III 4 BROAD r[-0(Rir oPy PR PPD( EVMtiNID DAMAGE INDEFEND(NT C,,%!AV 1045 PERSONAL IN AiRr e PERSONA( ,NnJPV a 300 AUTOMOBILE LIABILITY Y W1DRYi4 AU RY rA. HP(I/•.Dlo 4 250 t~ COMPPIHENSwE rORIA , a B OWNED EACH ACC, Al 1) 500 GA 5011060 3-1-80 HIRED rQT PI Rr Y DAMAW 10 D NOICHIN(D e00R I1NIVRY AND 1" 90? IF CAMAC( 4 EXCESS LIABILITY Lcm Nt UMBRELLA FORM exln I ip.pln AND ❑ Of1fa MAN UMBRELLA PRL!I'(RT. CAll 4 FORM C rw BNl D WORKERS' STArurOa. g and WC 5000068 3- i-80 EMPLOYERS' LIABILITY a OTHER s IN+KCAx N,i A All Risk 391ZD2211 3-1-80 $685,220.00 Builders Risk a SCRill OF OPE RAT IONSACCATIONSMMCI(S Construction of Central Fire Station, West McKinney and Cedar St. Caneellatlorl Should any of the above described policies he cancelled beforr. the eAplratlon date thereof, the nswng Com- pany will endeavor to mail -10 days written notice to the below named Certificate holder, but Iadure to mail such notice shall Impose no obligation or liability of any kind upon the company, NAMI A ND ADDRE S S Or CE RTII IC A l l HOLDER Architectural Collective, Inc. DATE Isswo--NoYpmh -8e-1979 _ 404 W. Oak Denton, Texas 76201 Q Q -;,L r A AUTHDRInD REPRESENfATM 2: r ~ r n. _r 9 r + t r i 1 ' q~ y} ♦q"f y ~~i= j) t F 'mot ~ Y 1 i 0 1 ~ T Y ~ ~V ,1' Y.ft 1{ ~ 1~ ah! ~ ~r S f ~+-o. _ ~ e T V i t g'.b YI r ~ C.~P hr~ Pd~ti"~q •l' ah! e~ Jr..~ q e R} Cr`4 1'#A~q ~.N.A n %~F ~Yi ti, 13'; .v'~ t ~~~~s ~ A,} R.'. a~ w ~ ~ ♦ VN~ a, 4~~>Er "}f;. if ,r~~NM„N, A R ~ t ~S~AIi t J AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 6TH DAY OF NOVEMBER, A. D. 1979. d R E S O L U T I O N WHEREAS, the City Coi+ncil of the City of Denton, Texas, act- ing in accordance with its powers under the Charter to appoint a E City Attorney for the City of Denton did advertise in various publications and otherwise for interested persons to submit an o, application for the position of City Attorney; and WHEREAS, the City Council has reviewed and considered all persons who applied for the position of City Attorney of the w City of Denton; NOW, THEREFORE, BF IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That C. T ri41*ylO.t is hereby retained and employed as the City Attorney of the City of Denton, Texas, to be effective as of November 121 1979; and, to have all the powers and perform all the duties as provided by the Charter of the City of Denton. SECTION II. That the City Attorney shall receive such compensation as may be authorized by the City Council for each fiscal year of the City of Denton. SECTION III. That this resolution shall take effect immediately from and after its passage and approval by the City Council of the City of Denton. PASSED AND APPROVED this the 6th day of November, A.D, 1979. a RI 09 CITY OF DPNTON, TEXAS ATTES TY OF DENTON, TEXAS APPROVED AS TO LEGA F : ATTORNEY, CITY 0 DENTON, TEXAS ~a . • ~s 1 ~ ~ l T • , S,d !.R, 1 4 t n rj' ` ~ - ~3:. A , L r~ . NO. 7q - 81 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CREATING A "DATA PROCESSING ADVISORY BOARD" AND PROVIDING FOR APPOINTMENT AND MEMBERSHIP; PROVIDING FOR POWERS AND 'DUTIES; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECPIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. (a) There is hereby created a Data Processing Advisory Boar3 to be composed of five (5) members, appointed by the City Council for a term of two (2) years, subject to the provisions of subsection (b) of this ordinance. All members of the board shall serve without compensation. Vacancies shall be filled for any unexpired term in the same manner as provided for regular appointments. (b) Unless continued in existence by ordinance the Data Processing Advisory Board as appointed under the authority and provisions of this ordinance is abolished effective November 26, 1981. Nothing in this ordinance shall be constr6ed to prohibit the City Council by ordinance from terminating the Data Processing Advisory Board at a date earlier than that provided in this ordinance. (c) The City Manager or his designee shall be ex officio members of the board. They shall attend meetings of the board and shall have the right to discurts any matter that is under consideration by the board, but shall have no vote. (d) Members of the board shall be residents of the City of Denton. (o) At its organizational meeting, and annually thereafter, the board shall select a chairman from among its members. Any three (3) of the appointed board members shall constitute a quorum. The board shall determine its own rules and order of business. The board shall meet at least once bi-monthly and all meetings shall be open to the public and a written record of its proceedings maintained. Such written record shall be approved by the board and filed with the City Secretary's Office. SECTION II. The Data Processing Advisory Board shall have the powers and perform the duties assigned to it by the City Council. SECTION III. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding :hall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. 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 in the Denton Record-Chronicle, the official newspaper of the City of Dentca, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the 6th day of November, A. D. 1979. CITY OF DENTON, TEXAS ATT gWOKS 11OLT0 CITY SECRETARY CITY OF DENiON, TEXAS APPROVED AS TO LEGAL FORM: TUX .4 K. WL 'I'IAU Z"i TSC- ATTORNEYO CITY OF DENTON, TEXAS ~ - pJ t - l ~ ~ ~ : ~ T ~ t 9 ~ r l J 00 ppY 1 B 1 r 1 :r 1r rk ':1 <v°°' vial :eTr r U 1> w LYiy^'W r 9' n.i °'rV a t Ft rF , r Y ra 1 e ~ v i s y ~y r~ 1: d 15r " Ca rS L,' AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, { TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 6TH DAY OF NOVEMBER, A. D. 1979. Y' R E S O L U, I O N WHEREAS, pursuant to the provisions of Senate Bill 621 relating to the creation of a single appraisal district for each a county in the State of Texas, the City Council of the City of Denton, Texas nominated Raymond Pitts by a Resolution dated October 9, 1979, to fill a position on the Board of Directors to the county-wide appraisal district; and WHEREAS, it has been determined that the City of Denton, Texas is entitled to cast a total of 741 votes for the candidates nominated to serve on said Board of Directors: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That the City of Denton, Texas hereby casts tits voting entitlement as follows: All 741 votes to Raymond Pitts. SECTION II. That this resolution be effective immediately from and after its passage and approval by the City Council of the City of Denton. PASSED AND APPROVED this the 6th day of November, A. D. 1979.. CITY OF DENTON, TEXAS ATTEST t ITT SECREURY CITY OF DBOON, TEXAS APPROVED AS TO LEGAL FORM: ATTORNEY, CITY OF DENTON, TEXAS ii 1A r ka~s ~ ff F~ -t~, l ~ . . ti~ , ^ \ ~ ~ 1~. 1:'l - , r kr~tdFr'~ ~ h~4.~ it St '~~1 ~ Sai ,'i ,"y i~ ~f ~ 1 q, ~,~.0 ,y~,t1 15 Q'k 02 1 IN TI COUNTY COURT AT LAW OP DIaNYO'a COUNT!', TEXAS C. P. RUL) AND 1l:1It: RI-,(,:)) E-MINENT DOMAIN J U U' gib! i'!'.l' On this the 15thOily of, ,lanuary, 1980 in the, above st: rl~d rlta to be c:on;;icZcrccZ the nwarg] OL CO~missianers f:~.•eT t,ith th; 17t::Zla Of "111 Cuunt:y Court ut Lahr Of: Dentor: Coksttty, " oil t h : 7:.it d:'Y Of Clove r, 1979, said Aw arei b ind copied it (.kill viii ~:t ~aalr:r<l ht reto. A00 it t!,~,, sarilat~ t• mV na ctl,jecrtionu Lo Funs dtciyion have 11:1':•n filed wal:hin tw%mi:y (20) clay:; froia n,a.icT 0.11110 date of said L.r.,r•'l, or file-0 with the C11 rY. Of tha Coutl, Tt• is 0!tDit2L•'rS, 10 (19620 and r1!iC'tt:i l that su::h cicCl:;ion h?, and it is heretiy ttrf 3, .•9 a, Lhs Ovd(J_-wilt of this.. C(anr l:J and Tt .ir.. further ORP%RCD L1+aL• each Awar• l of Cc,l,;:±issione!:c; b,r recorded with L•his Judgrlc•nt in ti'!^ 1.i.nutos of k:..C•• Cow1Ly Cour1- W. Jim Uf Gptitun County, lecxai.. Anr;, it fl.l, tlr r UO I.0 th,: COW:t tlWE the GUM of $2,000 for T r a c L On c! 8i ill the vvo of $1,250 for TracL Two T1(-I'3 heen rl;:a,:r+ii:,d by Ylain.ifF in the Lc-- .Ictry of the Coutt, r.ubja-•t to of Uefc:ncTint:. hcroin, on the '/r.it drty of i1o-.;:alaer, 1979. It ii:r further OR1)31U.D, ADJUl1G=a) and D!;"'itt.ah tftit tho City of Dtnl'.'•n, Te,m3, clo have and rccovoc from Ula Dafzmdanta, the fee rir9,)title in and to that crrrt•ain property sittiated in the City ,ti irl County of, Milton, State of T,maa, bt'ing heretofore described k in tha Incorporated Award of Comrtisi•3ionerap and Lbe none boo and is 1,-?chy viUsLeA to tits: City of Tlurrtotl, Tus a.L.i. Ancl, it is f.kirther 0 RL18R AUJUDG!:q rind UF'CRE:ED that Fie:(_;ir3antrl, do havu unrl recover from the City of Denton the paid It : t tJf $2,b0(1 foe 'rca+Jt One vlnd $l.,? [i0 for T+:ktcst 'fWO, 'and, the Clt±r l fart' 'HA COUrt IN 1ler0b7 ~R~1,'1si1 and direct vd to pay Cho at, id t:a Lhh e.aicT r1•sf*n6,7nts in rokinCv-.tion hmr„OC. i.t .is Luriar!r 0!'ID! RE0 th7L all coats herein are taxed against. L l,.! Ci Ly of Don Lon, wnil that the City of Denton my have its Writ u[ ? : r e:, " Ion. PE NLII-'f'??J AND l;i3Sti?Lt i) this tlra 15IJ day of January, 1980, I ID CMINTY CUUL' AT LN4 D:-,N '0%1 COUMT!, TEXAS y 4 NO. s CITY OF DI:NTON, TEXAS ( IN THE COUNTY COURT AT LAW VS. ) OF DIsNTON COUNTY, TEXAS C. P. REED AND MARY REED ) PROCEEDINGS IN EMINENT DOMAIN AWARD OF C0\0ISSIONIAS On the 5th day of November, 1979, in the County Court at Law Courtroom of the Carroll Courts Building, Denton County, Texas, the above styled 4~roceeding came on to iue heard before the unders1pned, three 3) disinterested freeholders of Denton County, Texas, heretofore appointed as Special Commissioners by the County Court at„Lair Judge of Denton County, 'texas, to assess the damages occasioned by the acquisition through this Proceeding in Eminent a Domain of the tee simple title to real estate in and to the following described property for the purpose of constructing, installing and improving drainatpu facilities known as Pecan Cpeek within the city linie.s of the City of Denton, Texas. The properly being more fully described by metes and bounds as f01101,rs: TRACT ONE: 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 If. Sisco Survey, Abstract No. 1184, and also being part of a tract of land as conveyed from M. C. Sheppard to C. P. Recd and wife, Mary Reed by deed dated March 29, 1050, and recorded in Volume 360, Fage 185 of the Deed Records of Denton County, Texas, and more particularly described as follows: BEGINNING at a point 20 (cot south of the southeast corner of a lot heretofore conveyed to A. M. McDade with the frontage north on Prairie Street; THENCE east and parallel with the south boundary line of lot heretofore conveyed to Lirix McDade and roconveyed to me, 20 foot; THENCE north and parallel with the west boundary line of Bradshaw Street 20 feet to a corner in the south boundary line of the said Lirix McDade lot, reconvoyed to me; TIIENCD east with the north boundary lino of the McDade lot, reconveyed to me, 280 feet to southeast corner of a lot conveyed to 0. C. Bell; THENCE south with the west boundary line of a lot conveyed to 14esloy Smith, 208 feet to said Smith's southwest corner in the south boundary line of the Hiram Sisco Survey, TIIi:NCE west with tho south boundary lino of Itirnin Sisco Survey 300 feet to a point for a corner; THENCE north and parallel with Bradshaw Street 188 feet to the pl.aco of beginning, and containing approximately 62,000 square feet of land, more or less. TRAC'r TWO: All that certain lot, tract or parcel of land lying and boo n~g"s3tuatad in the City and County of Denton, State of Texas, and being part of the It. Sisco Survey, Abstract No. 1184, and also being situated in tha City of Denton Denton County, Toxas; and having been conveyed by M. C. Sheppard and wife, Etta Sheppard to C. P. Reed and wife Mary Reed, as recorded on April 2, 1948, in Volume 343, Page 441 of the Deed Records of Denton County, Texas, and more particularly described as follows: 1. 1 i r f BEGINNING at a point in thesouth boundary line of a tract of land conveyed by Mano Dlile~, et al to Taylor Meredith by deed dated June 30, 1943, recorded in Volume 303, Page 294, Deed Records of Denton County, Texas, which beginning point is 190 feet west of the southeast corner of said tract of land; THENCE west with south boundary line of said tract of land 198 feet to the center of a branch; THENCE in a northeasterly course with the center of said branch to the south boundary line of Prairie Street as extended; THENCH east 190 feet, more or less, to a point 190 feet west of the cast boundary line of said tract; 'I'iff3NCE south 300 feet, more or less, to the place of beginning and containing approximately 58,200 square feet of land, more or less. f And came the City of Menton, Plaintiff, acting by and through i its City Council, by its duly authorized representative and attorney of record, Burt It. Solonons, Acting City Attorney; and came one of the owners Nary Reed and Jack Gray, attorney of record for Defendant Mary Recd. Ncithcr Defendant C. P. Reed nor an authorized representative of Mr. Reed appeared for said hearing. And it appearing that ea0 and all of the parties hereto, both Plaintiff and owners, are properly before said Special Commis- t sioners and said matter is now ready to be heard and considered, thereupon said Special Commissioners proceeded to make and do hero now make the following findings with reference to the matter before them. 1. That on the 15th day of October, 1979, the City of Denton, f Texas, Plaintiff, acting by and through its City Council, filed a written Statement with tho County Court at Law Judge of Denton County, Texas, wherein, upon the facts therein alleged, it sought judgment granting to Plaintiff a fee simple title to real estate for drainage facilities in and to the abovr, described property. 2. That upon consideration of such written statement, the County Court at Law Judge of Denton County, Texas, did on tho 15th day of October, 1979, appoint the undersigned, three disinterested. freeholders of Denton County, Texas, as Special Commissioners to assess the damages occasioned by the acquisition through this -Proceeding in Eminent Domain of said drainage f.acilit1eq. 3. That thereafter said Special Commissioners duly qualified as such, oach taking the oath prescribed by law, which oath is oi, file with the instruments in this proceedings. 4. That after having so qualifiod, said Special Commissioners on the 16th day of October, 1979, by written order bearing said date, designated and appointed the 5th day of Novembor, 1979, at 10:00 O'clock A. M. in the County Court at Law Courtroom of the Carroll Courts l;uilding in the City of Denton, Denton County, 'foxas as the day and place for hearing such statement and parties, such date being the earliest practicable time and such place being . as near as practicablo•to the property in controversy. Sr That on the 5th day of Novoiabcr,' 1979, said Special % Commissioners did convene, in the County Court at Law Courtroom of the Carroll Courts Building, of the City of Denton, Menton County, Texas, as the day and place for hearing such statement and parties, and on such date said Special Commissioners were present, AWARD OF CONMISSfONINS - PAW3 TWO and both Plaintiff and Defendants, in person, or by their attorney being present and having announced ready for trial, said Special Com;aissi.oners proceeded to hear evidence and argument submitted by the parties, and 'after hearing and considering such evidence and argument said Special Commissioners did find and determine that the market value of the said drainage facilities in and to the above described )and is and the owner will be damaged in the totaly sum of $2,000 for Tract One and $1,2D0 for Tract Two by the taking' of said interest in the above described property through this Proceeding in Fminent Domain. NOW0 THh'RECORE, on this the 5th day of November, 1979' we, the Special Commissio~lers do hereby assess the actual damages which will accrue to the owner as owner and claimant of the tracts of land hereinabove described, by reason of said taking through this Proceeding in Eminent Domain, at the said sum of $2,000 for Tract One nnl $1,250 for Tract Two, and such sum is hereby awarded to said owners and on this 5th day of November, 1979, we have reduced this, our-decision, in writing. We further decide and adjudge that~Plaintiff should pay all j costs of these proceedings for the reasons provided by law. IN TESTIMONY WHEREOF, we have signed this decision and dated it the 5th clay of November, A. D. 1979. ~%1C~~3~ KrC4i B l ~ v' SPECIAL COMMISSIONER SPECIAL CO,4 0SSIONER X11, ff/ SilECIAL CO DUSSIONER4 The foregoing Award of Commissioners was filed with ne on this they day of November, A. D. 1979 at 3 o'clock 1. RA i , u ge of Tha Crnly C,%!t M ts,Y nt Dcnl-xi County, Teas, nrfaolf.0 7. `KAY'NDC4 rrff; 'JUDGE COUNTY COURT AT LAW AS DENTON COUNTY, M AS AWARD OF COXMISSIONiiRS - ?AGO' TUROd • ~ r VV! fit NO. CITY OF DENTON, TEXAS ( IN THE COUNTY COURT hTjI,AW VS. ) OF DENTON COUNTY, TEXAS C. P. REED AND MARY REED ( PROCEEDINGS IN EMINENT DOMAIN WRIT OF POSSESSION TO ANY SHERIFF, CONSTABLE, OR PFACE OFFICER WITHIN THE STATE OF '!'E X119 WHEREAS, on the 5th day of November, 1979, in the County Court at Law of De+:ton County, Texas, the City of Denton, Texas,' in an Eminent- Domain Procer.ding against C. P. Reed and Mary Reed, was a•a.rded the title and posse:;sion of the following described property, to-wit: • TRACT ONE: All that certain .lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, anrt being part of the. It. Sisco Survey, Abstract No. 1184, and also being part of a tract of land as conveyed from M. C. Sheppard to C. P. Reed and wife, Mary Recd by deed dated March 29, 1950, and recorded in Volume 360, Page 1£35 of the Deed Records of Denton County, Texas, and more particularly described as follows;: BEGINNING at a point 20 feet :south of the southeast corner of a lo;: heretofore conveyed to A. M. McDade with the frontage north on Prairie Street; T114NCE east and parallel with the south baundnry line of lot heretofore conveyed to Lirix McDade and reconveyed to ma, 20 feet; THENCE north and parallel with the WLGt boundary line of Bradshaw Street 20 feet to a corner in the south boundary line of the said Lirix McDade lot, reconveyed to me; THENCE east with •the north boundary line of the McDade lot, reconveyed to me, 280 feet to southeast corner of a lot conveyed to 0. C. Bell; THENCE south with the west boundary line of a lot conveyed to Wesley Smith, 208 feet to said Smith's southwest corner in the south boundary line of the Hiram Sisco Survey; TNENCE west with the south boundary line of Hiram Sisco Survey 300 feet to a point for a corner; THENCE north and parallel with Dri0shaw Street 188-feet to the place of beginning, and containing approximately 62,000 square feet of land, more or leas. TRACT TWO: All that certain lot, tract or parcel of land lying and ``c n~ TtuaLed in the City and rounty of Dentonr State of Texas, and being part of the 11. Sisco Survey, Abstract No. 1105, and also being situated in the Ctty of Denton, Denton County, Texas; and having been conveyed by M. C. Sheppard and. Wife, Etta Sheppard to C. P. Reed and wife, Mary Reed, as recorded on April' 2, 1944, in Volumo 343, Page 441 of the Deed Records of Denton County, Texas, and more particularly described as follows: BEGINNING at a point in th south boundary line of a tract of land c.cnveyed by Aiano Niles, et al to Taylor Meredith by deed dated June 30, 1943, recorded in Volume 303, Page 294, Deed Records of Denton County, Texas, which beginning point is 190 feet west of the southeast corner of said tract of land; THENCE west with south boundary line of said tract of land 198 feet to the center of a branch; % TIIL14CE in a northeasterly course with the center of said branch to the south boundary line of Prairie Street as extended; THENCE east 190 feet, more or less, to a point 190 feet west of the cast boundary line of said tract; THENCE south 300 feet, more or less, to the place of beginning, and containing approximately 58,200 oquare feet of land, more or less. r THEREFORE, you .are hereby commanded to seize the above described property, deliver possession of the sane to the City of Denton, Texas, and place the agentr., officers, and employees of said City in possession thereof. HEREIN FAIL NOT, and have you this Writ, shoring how you have executed the same, beforo said Court, at the Car.oll Courts Building thereof in the City of Denton, within thirty days from the date of issuance hereof. WITNESS, Mary Jo Hill, Clerk of the County Court at Low of Denton County, Texas. GIVEN UNDER MY NAND AND SEAL OF SAID OFFICE, at the Carroll Courts Building, Denton, Texas, this the 19-?day of November, 19'19. I i i1 MARY JO HIL[,, COUNTY CbFRK DENTON COUNTY, TEXAS B . EPUTY WRIT OF POSSESSION ~ PAGE TWO 1 NO. CITY OF DENTON, TEXAS ( IN THE COUNTY COURT AT LAW VS. ) OF DENTON COUNTY, TEXAS C. P. REED AND MARY REED { PROCEEDINGS IN EMINENT DOMAIN ORDER FOR POSSESSION On this the 7th day of November, 1979, came on to be considered in the above numbered and styled Proceedings, the Application for Writ of Pose„ion riled by Plaintiff, City of Denton, Texas, to enable it to take possess;ion of the herein- after described property, pending litigation= And, it appearing to the Court that the City of Denton, 'T'exas has filed its Plaintiff's Statement with the Judge of this Court wherein it soursht to acquire a fee r,imple titL%.% in and to said hereinafter described property, which matter was referred to certain Special Cvm.oll:uioners who thereafter filed a written Award of Corimissioncr=s asses;:ing the• amount of damages due De€endants$ as being In the amount of $2,000 for Tract One and $1,250 for Tract Two. And it furthor .appearing to the Court that the Plaintiff has, in accordanco with thy: provisions of 3269, Reviced Civil Statutes of Texan, 19251 deposited in the registry of the Court said sum of Three Thousand Two Hundred Nifty Dollars ($3,250.00) and that in the opinion of the Court under the statutes of the state of Texas, the Plaintiff in entitled to immediate posses- sion of said hereinafter described property, pending the final determination of thin proccoding. it is therefore ORDXRLD, ADJUDGED and DRCREED by the Court that Plaintiff is entitled to immediate possAsion_of the follo'Aing described property situated in the City of Denton, Denton,COUnty, Texas, to-wits TRACT ONE: All that certain lot, tract or parcel of land lying av.] being situated in the City and Cc.,nty of Denton, State of Texas, and being part of the H. Sisco Survey,. Abstract No. 1184, and also being part of a tract of land as conveyed from M. C. Sheppard to C. P. Reed and wife, Mary Reed by deed dated March 29, 1950, and recorded in Volume 360, Page 185 of the Deed Rcccrds of Denton County, Texas, and more particularly described as follows: BEGINNING at a point 20 feet south of the southeast corner of a lot heretofore conveyed to A. M. McDade with the frontage north on prairie Street; THENCE east and parallel with the south boundary line of lot heretofore conveyed to Liriy McDade and reconveyed to me, 20 feet; THENC:L north and parallel with the west boundary line of Bradshaw-Street- 20 feet to a corner in the south boundary line of the said Lirix McDade lot, reconveyed to me; TIIENCE east with the north boundary line of the McDade lot, reconveyed to mo, 280 feet to southeast corner of a lot conveyed to 0. C. Bell; THENCE south with the west buunclary line of a lot conveyed to Wealey Smith, 208 feet to said Smith's southwest corner in the south boundary line of the Hiram Sisco Survey; THENCE west with the south boundary line of Iliram Sisco Survey 300 feet to a point for a corner; THENCE north and parallel with Bradshaw Street 188 feet to the place of beginning, and containing approximately G2,000 square feet of land, more or less. TRACT T110: All that certain lot, tract or parcel of land lying and Uefng situated in the City and County of Denton, State of Texas, and being part of the It. Siuco Survey, Abstract No. 1184, and also being situated in the City of Denton, Denton County, Texas; and having been conveyed by M. C. Sheppard and wife, Etta Sheppard to C. P. Reed and wife, Mary Reed, as recorded on April 21 1948, in Volume 343, Page 441 of the Deed Records of Denton County, '.texas, and more particularly described as follows: BEGINNING at a point in the south boundary line of a tract of land conveyed by Mano Miles, et al to Taylor Meredith by deed dated June 30, 1943, recorded in' Volume 303, Page 294, Deed Records of Denton County, Texas, which beginning point is 190 feet west of the southeast corner of said tract of lands THENCE we::t with south boundary line of said tract of 'land 198 feet to the center of a branch; THENCE in a northeasterly course with the center of said branch to the sough boundary line of Prairie Street as extended; THENCE cast 190 feet, more or less, to a point 190 feet west of the east boundary line of said tract; THENCL south 300 feetp more or lens, to the place of beginning and containing approximately 58,200 square feet of land, mor.i or less, ORDER FOR POSSESSION PAGE TWO It is further ORDERED, ADJUDGED and DECREED by the Court that a Writ of Possession shall issue in favor of. the City of Denton, Texas, to effect delivery of the immediate possession of said property L,) the said City of Denton, Teyan its against said Defendants and all persons claiming unGer or through them since the filing of this proceeding, and commanding the sheriff or any con:;tabie in the State of Texas, to remove therefrom all persons and their personality, if any, situated thereon, to the end that the City of Denton, Texas, its authorized agents, employees, servants and indepc!ndeziL contractors may at once enter upon said land and premises for the purpose of constructing, installing, repairing and perpestually maintaining drainage facilities. RENDERED AND F-MIERFD this then day of November, 1979 at~ o' clock J. C,iY Of L n:01 Cf.", y, Teas, J. RAY MARTIN, JUDG: r COUNTY COURT AT LAW DENTON COUNTY, TEXAS i 4• ORDER POR POSSMION ~ PACE THREE fir rlti 5. 1,T t • No. G1 CITY OF DENTON, TEXAS ( IN THE COUNTY COURT AT LAW VS. } OF DENTON COUNTY, TEXAS C. P. REED AND MARY REED ( PROCEED114CS IN EMINENT DOMAIN APPLICATION FOR {BRIT OF POSSESSION TO THE HONORABLE JUDGE OF SAID COURT: Now comes the City of Denton, Texas, Plaintiff, in the above numbered and styled proceeding, and respectfully shows the Court: 1. That on the 15th day of October, 3.979, Plaintiff's Statement was filed with the Honorable Judge of this Court, wherein it sought to acquire through Proceedings in Eminent Domain a fee simple title in and to certain land, more particularly described therein and made a part hereof. Whereupon Special Commissioners, being duly appointed and having qualified as such, held a hearing and filed a written Award of Commissioners, same being on fill., with the other papers in this proceeding, assessing the amount if damages due Defendants as being in the amount of $2,000 for Trost One and $1,250 for Tract Two. II. That on the 7th day of November, 1979, Plaintiff did deposit said amount of money into the registry of the Court subject to the Order of said Defendants, whereby Plaintiff is now entitled to take possQasion of said land in accordance with the provisions of Article 3268, Revised Civil Statutes of Texas, 1925. III.. . That on the 7th day of November, 1979, C. P, Reed and/or Mary Read did deny and refuse to permit Plaintiff's duly authorized employees, agents, servants and independent contractors to enter upon said land. WHEREFORE , Plaintiff prays this Honorable Court enter its order authorizing and permitting Plaintiff to take possession of the land described in the written Award of Commissioners filed with the Honorable Judge of this Court, and thrt the further order that a Writ of Possession shall issue in favor of the City of Denton, Texas, commanding the sheriff 'or any constable within this State to seize said property and deliver immediate possession of same to said City of Denton, its agents, employees, `servants and independent contractors, as against the raid Defendants, and all persons claiming under or throu•fli them since the filing of this proceeding, and to remove therefrom all persons or their person- ality, if any, situated thcrcon, to the end that the City of Denton, Texas, its agent:,, employees, servants and independent contractors may at once enter upon said laid and premizos for the purpose of consL•ructing, installing, repairing and perpetually maintaining drainage facilities, CITY OF DMITON, TEXAS BY: DURT R. 5O1,O,mO'NS8 ACTING CITY ATTOPNEY r Ile 0Ito r~' Wy co.~rf It f,w of oe7lon Couch., Tcxa-,, rr~s',Qiti~ APPT,ICATXON FOR WRIT OF PJSSESSION - PACT; TWO 7 trl ~ ~ NO. j CITY OF DENTON, TEXAS } IN THE COUNTY COURT AT LAW VS. } OF DENTON COUNTY, TEXAS C. P. REED AND MARY REED ( PROCEEDINGS IN EMINENT DOMAIN NOTICE OF DEPOSIT ` TO `F'lIE HONORABLE JUDGE OF THE COUNTY COURT AT LAW OF DENTON COUN'T'Y, TEXAS: NOW COMES, the City of Denton, Texas, in the above styled pro7:•~cdings, and as Plaintiff therein would respectfully show. the court: 4 That the written Award of Commissioners has been filed with the Judge in these proceedings, whereby the amount of damages awarr?ed or adjudged against Plaintiff, the City of Denton, Texas, by the Special Commissioners is $2,000 for Tract One and $1,250 for Tract Two. II. That Plaintiff desires to enter upon, take possession of, and use the property sought (to be co burdened) in these Proceedings, pending litigation, if any, in the manner provided by law; in ordi:r that it might do so, the City of Denton, Texas, Plaintiff, herewith deposits the said amount into the +tegistry of the Court by herewith delivering to the Clerk of thin: Honorable Court the City of Denton's Check No. 73496, dated Novenber 6, 1979 in said amount. III. , That by reason of the premises Plaintiff is now entitled to enter upon, take possesnion of, and use the said property, as described in Plaintiff's Statement filed with the Judge in these Proceedings. ~Y eiSLiURT WSO IO N3; 11CTING CITY ATTORNEY n 21S EAST 14CKINNF-Y cef` DENTON, TEXAS 76201 ATTORNLY FOR PLAINTIFF, o!?h: Cou t, :,,t f.! Lase CITY OF DENTON, TEXAS bl Denlcn C: , feet, 1 . GROSS$3250.00 • VENDOR DESCRIPOON NUmSER r' 99999 Award of Special. Commissioners in DISCOUNT City v. C.P. Reed and Mary Reed for NET $3250.0 Improvement to Pecan Creels drzinage, f.~c ti s TO. MARY JO HILL COUNTY CLERK FOR TILE USE AND BENEFIT OF C.Pi REED AND bLNRY REED CHECK NO. 73496 ' RETURN T~, ULTY ATTORNEY DETACII AND RETAIN PAYMENT DATE 11-6-79 CITY OPERATING ACCOUNT PAYMENT DATE 11-6-79 CHECK NO. 73496 PAY TO IHE CIDER OF PNRY JO HILL COUNTY CLERK for the Use and bel r of„ $3250,00**k*ouk * . II yr~~ RnY M11 AMditii C.11. REED AND PNRY ~11WJ 1+• l~ r' 1.J / f" ~ 1; rl~ City of Denton • M• iciy^I F.ildiny, bmio.i, rtrw 7 n' . oa ~14. t FIRST STATE BANK OF DENION 091474 OSN104, 7IW 1119 • A11.FIA E: i 119 1.1 14 7►,t: D100 to 16 SR. CITY of DENTON, TEXAS r.C C 71C GROSS $600.00 U :71.~ •~r U VENDOR DESCRiPTNON NUMBER DISCOUNT 99999 Special Ca nissionerls Fees in Condemnation of Drainage Facilities Fecan Crcc!,. McNnbb/ NET $600.00 Ritter/Boyd TO: MARY JO HILL, COUN'T'Y CLERK CHICK NO. 73498 DETACH AND RETAIN PAYMENT aAre 11-6-79 65x46 CITY OPERATING ACCOUNT PAYMENt DATE 11-6-79 CHtCK wo. 7.3498 ?AY TO 14E WDEROF FURY JO lint, COUN'T'Y Cf.K$K sir or ,•f,rhCTS R PAY 11PI AMOUNT V#ty of Denton • MneEciptf rmadlnp. Iknton, Tt7rl :j,7 I~f~~RQt OP FMANCt', ~I~~` TIASt StATB RANK Of OFNTGN BRJ1'1 ' r -"l / r 1 v,p,y pul -1117 Ofl MANAd R' y ✓ 1 - , r NO. CITY OF DENTON, TEXAS ( IN THE COUNTY COURT AT LAW VS. ) OF DENTON COUNTY, TEXAS C. P. REED JViD MIRY I(EED } PROCEEDINGS IN EMINENT DOMAIN AWARD OF COJi'4ISSIONERS On the 5th day of November, 1979, in the County Court at Law Courtroom of the Carroll Courts Building, Denton County; Texas, the above styled )rocceding came on to be heard before the undersigned, three 13) disinterested freeholders of Denton County, 'T'exas, heretofore appointed as Special Coirl!ais_:ioners by the County Court at-La►. Judge of Denton County, Texas, to assess the damages occasioned by the acquisition through this Proceeding in Eminent Domain of 'the fee simple title to real estate in and to the following described property for the purpose of constructing, installing and improving drainage facilities known as Pecan Creek Within the city limits of thu City of Dentoii, Texas. The property being more fully described by metes and bounds as folloi* : TRACT ONE: All that certain lot, tract or parcel of land 'lying ind Being situated in the City and County of Denton, State of Texas, and being part of the iI. Sisco Survey, Abstract No. 1184, and also being part of a tract of land as conveyed from M. C. Sheppard to C. P. Reed and wife, Mary ;:oed by deed dated March 29, 1950, and recorded in Volume 360, Page 185 of the Deed Records of Denton County, 'texas, and more particularly described as follows: BEGINNING at a point 20 feet south of the southeast corner of.a lot heretofore convoyed to A. M. McDade with the frontage north on Prairie Street; THENCE cast and parallel with the south boundary line of lot heretofore conveyed to Lirix McDade and recunvoyed to no, 20 feet; THENCE north and parallel with the west boundary lino of Bradshaw Street 20 feet to a corner in the south boundary line of the said Lirix McDade lot, reconveyed to Pic; THENCE east with the north boundary line of the McDade lot, reconveyed to ine, 280 feet to southeast corner of a lot conveyed to 0, C. Bell; THENCR south with the west boundary line of a lot conveyed to Wesley Smith, 208 feet to said Smith's southwest corner in the south boundary line of the Hiram Sisco Survey; THENCE west with the south boundary line of Hiram Sisco Survey 300 feet to n point for a corner; TIH?NCE north and parallel with Bradshaw Street 188 feet to the place of beginning, and containing approximately 620000 square feet of land, mo:o or less. TRACT TWO: All that contain lot, tract or parcel of land lying and doing situated in the City and County of Denton, State of Texas, and being part of the H. Sisco Survey, Abstract No. 1184, and also being situated in the City of Ironton, Denton County, Texas; and having boon conveyed by M. C. Sheppard and wife, Etta Sheppard to C. P. Reed and wife, Mary Reed, as recorded on April 2, 1948, in Volume 343, Pago 441 of the Dcod Records of Denton County, Texas, and more particularly described as follows: BEG MING at a point in thesouth boundary line of a tract of land conveyed by Mano Miles, et al to Taylor Meredith by deed dated June 30, 1943, recorded in Volume 303, Page 294, Deed Records of Denton County, Texas, which beginning point is 190 feet west of the southeast corner of said tract of land; THENCE west with south boundary line of said tract of land 198 feet to the cent^.r of a branch; THENCE in a northeosterly course with the center of said branch to the. south boundary line of Prairie Street as extended; THENU cast 190 feet, more or less, to a point 190 feet west of the cast boundary line of said tract; 'f11E`,CE south 300 feet, more or less, to the place of beginning and containing approximately 58,200 square feet of land, more or less. And came the City of Penton, Plaintiff, acting by and through its City Council, by its duly authorized representative and attorney of record, Burt R. Se10meI1S, Acting, 01ty Attorney; and came one of the owners Diary Reed and Jack Gray, attorney of record for Defendant Mary Reed. Neither Defendant C. P. Reed nor an authorized representative of Mr. Reed appeared for said hearing. And it appearing that each and all of the parties hereto, both Plaintiff and owners, are proporly before said Special Commis- sioners and said matter is now ready to he heard and considered, thereupon said Special Commissioners proceeded to make and do here now make the following findings with reference to the matter before them. 1. That on the lsth day of October, 1979, the City of Denton, Texas, Plaintiff, acting by ane.. through its City Council, filed a written Statement with the County Court at Law Judge of Denton County, Texas, wherein, upon the facts therein alleged, it sought judgment granting, to Plaintiff a fee simple title to real estate for drainage facilities in and to the above described property. 2. That upon consideration of such written statement, the County Court at Law Judge of Denton County, Texas, did on the 15th day of October, 1979, appoint the undersigned, three disinterested freeholders of Denton County, Texas, as Special Commissioners to assess the damages occasioned by the acquisition through this •Proccedin in Eminent Domain of said drainage facilities. 3. That thereafter said Special Commissioners duly qualified as such, each taking the oath prescribed by law, which oath is on file with the instrwaents in this proceedings. 4. That after having so qualified, said Special Commissioners on the 16th day of October, 1979, by written order bearing said date, designated and appointed the 5th day of November, 1979, at 10:00 o'clock A. M, in the County Court at Law Courtroom of the Carroll Courts Building in the City of Denton, Denton County, Texas as the day and place for hearing such statement and parties, such date being the earliest practicable time and such place being as near as practicable to the property in controversy. 5. That on the 5th day of November, 1979, said Special Commissioners did convene, in the County Court at Law Courtroom of the Carroll. Courts Building; of the City of Denton, Denton County, Texas,' as the day aid place for hearing such statement and parties, and on such date said Special Commissioners were present, AWARD OF COMMISSIONERS - PAG)i TIM and both Plaintiff and Defendants, in person, or by their attorney being present and having announced ready for trial, said Special Commissioners proceeded to hear evidence and argument submitted by the parties, and 'after hearing and considering such evidence and argument said Special Commissionors did find and determine that the market value of the said drainage facilities in and to the above described las<d is and the owner will he damaged i:L the total sum of $2,0UO for Tract One and $1,250 for Tract Two Dy the taking of said interest in the above described property through this Proceeding in Eminent Domain. NOWP THEREFORli, on this the 5th day of November, 1979, we, the Special Commissioners do hereby assess the actual damages which will accrue to the owner as owner and claimant of the tracts of land hereinabove described, by reason of said taking through this Proceeding in Eminent Domain, at the said sum of $2,000 for Tract one and $1,250 for Tract Two, and siich sum i.• hereby awarded to said owners and on this Sth day cf November, 1979, we have reduced this, our decision, in writing. lie further decide and adjudge that Plaintiff should pay all costs of these proceedings for the reasons provided by law. IN TESTIMONY WHEREOF, we have signed this decision and dated it the 5th day of November, A. D. 1979. `z {L~ hiCNABl SPECIAL COMMISSIONER - cLGticE-ki r.ri:r~ SPECIAL COM;ISSIONER SPECIAL COMMISSIONER The foregoing Award of Commissioners was filed with me on this the 2Y# day of November, A. D. 1979, at _ 35 o'clock F' M. RAY MARTIN, JU;re o! fit c County cn.vt fd tew ' of DenUm Co„ily, Tees, COUNTY COURT AT LAW DENTON COUNTY, TEXAS AWARD 01; COMMISSIONERS - PAGE THREE i ti ~ t o~ ~ t ~ '`t' r