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HomeMy WebLinkAbout12-1978 OEM EM 5 Exi 1978 -l IlkTG1-11- R& GomPAIdy 'NC O.. PO0n AT C D In%-slment Bankers 1921 MM'ANTILE SA.NKEUILDING DOUis,Texas 75201 NA~h. fl AuswiNC i[Lar,.ON[ December 8, 1978 (<.~742-as3o Board Members North Texas Higher Education Authority, Inc. Dr. Wendell H. NeQderman 'ds. Neta Stallings _ idr. Marvin M. Stotler lY 0h/i ~t'C4 W04 y Mr. J. Wilemon Dr. Jane Smith D:. Larry Nelson Mrs. B. Jeanne Fisher Dear Member: Based on the recent review of the Plan of Doing Business, we encloso a copy of a form of Reso:ution to be adopted by the :forth Texas Higher Education Authority. Because it is a readoption of the previous policies, change's have bees, made in the caption, preamble and Section 1, which result in no change in effect. Changes in effect are made in Section 2(b)(2), (to f--irther clarify that the location of the educational institutions must be in the State); Section 6(c), 8 and 10 have bean added; and the o?d Section 8, has been renumbered as Sectict, 9, as red-lined on your copy. Sincerely, HATCHER & COMPANY, INC. Ralph 13. Rushing Vice President RBR/je Encl. cc: Mr.. Melvin Gouye Mr. thl3rion Jacob Elliott, Meer, Vetter, Denton & Bate:; (General Counsel) W,Wor ny NAr10N1'. Ay SC.C Mono pF 3LC. LL0471ri DEAL Ere9, rl,e - 6Cc ul~i'C91NVE6Tcn ,'n UT Et 7roN con r-oaA riDN W 1 'r . A RESOLUTION by the Board of Directors of the North texas Higher Education Authority, inc. again accepting certain responsibilities and re-establishing a plan of doing business. WHEREAS, the home rule Cities of Denton and Arlington,Texas, r haverequested individuals to act as directors of a non- profit corporation for the purpose of establishing a student loan program under the provisions of Chapter 53 of the Texas Education Code; and % WHEREAS, such persons have reorganized a corporation known as the North Texas Higher Education Authority, Inc. and it is now proper to re-establish a plan of doing business in the light of recent changes in the Regulations of the Office of Education; now, therefore, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC.: SECTION 1: Tl,e Authority hereby reaffirms its prior agreement tfiat, as a non-profit corporation, it will exercise the powers of an education authority enumerated and provided in Section 53.47 of the Texas Education Code, as suggested and requested by the home rule Cities of Denton and Arlington, Texas. The Authority recognizes that it is by that st-Lute charged with a portion of the responsibility of the State of Texas to provide educational opportunities in keeping with all applicable state an,i federal laws. SECTION 2: The Authority shall, in compliance with the a ores= laws: (a) issue revenue bonds to obtain funds to purchase student loan notes which are guaranteed under the provisions of the Higher Education Act (Public Law 89-329), 20 U.S.C.A. Section 1001 et seq, which bonds shall be payable from and be secured by: (1) the revenues derived from or by reason ?f the ownership of student loan notes; and (2) investment income; (b) cause bond proceeds to be expended (acting through a bank with trust powers) for the purchase of such student loan notes executed by students: (1) who are residents of this State, as reflected in Item 5 of OE Form 1154, and a County which has requested the Authority to exercise its powers therein, ind agreed to by the Authority, or who attend a college or university located witRin a county which has requested the Authority to exercise its powers therein, and agreed to by the Authority; and (2) who have been admitted to aLLen d (1) an accrC. di to d institution whi.clh has been rccol,,nized by a recol;nized accredititnl~ agency (as defined by Section 61.003(12) of the Texa; Education Codr); and (Iii) whicll institution i.s a public or private ins LiLUtion of higher learning (located within the State of Texas) which is not organized for profit; (c) cause a non-profit corporation, under and through a contract, to provide the reports and other inFormation required by the Office of Education for continued participation in the federally guaranteed loan program; (u) cause the trustee bank (which purchases the notes on its behalf), which shall be a bank located within this State, to hold the student loan notes acquired subject to being sold only upon terms and conditions specified in the Indenture which will be executed to secure the payment of the revenue bonds issued by the Authority; and (e) purchase only student loan notes which: (1) were originated (i) after the delivery of the revenue bonds which are propose,i to be issued by the Authority; or (2) were originated (i) after the approval of the loan program by the Office of Education, Department of Health, b:ducation and Welfare and (ii) in anticipation of being; sold to the Authority; oi: (3) were originated at any time if acquired fo: the purpose of consolidation with student loan notes of a current date being acquired under (1) or (2) of this paragraph. SECTIM 3; Tile Authority shall not engage any of the f-oTlowi`ii activities: (a) attempt to publish or distril,;;;:^ p, :opaganda; (b) attempt to influence any legislation; (c) attempt to promote any political campaign for or on behalf of any public office, nor will the Authority participate in or intervene in any such activities; (d) make any preference or distinction by reason of the race, creed, sex, origin, or color of any person with whom it deals; (e) pay any compensation to any person,, irm, corporation or other, in the form of salaric:,, foes, expcnscs or other form of payment except for services actinilly rendered to the Authority and no such payment shat) exceed tine rvklsonn;l.c value thereof; (f) pay any compensation to its directors exce•it to the reimbursement of actual expenses; I, (g) make any studr-rit loans; (h) the Authority will not require any bank to purchase bonds issued or to be issued by the Authorit; initially or on the secondary market as a condition for the purchase of student loan notes from the bank; and (i) the purchase of student loan notes from (1) the Trustee Bank, or (2) any institution located outside the State of Texas. SECTION G: The Authority shall only instruct the Trustee to purchase loans provided that: (a) a commitment of insurance has been received as certified by evidence of a note containing the Office of Education's stamp of commitment; (b) the notes purchased contain all required federal, State and Authority documentation; (c) the notes purchased are not past due and are current in every respect; and i (d) the notes satisfy all current: student eligibility i requirements as established under applicable Federal law as well as the requirements of this resolution (including amendments adopted as of the date of acquisition). SECTION S: An eligible institution which is attended by a stu ent wiose loan notes are purchased by the Authority (in addition to any present or future requirement of Federal law) shall be one which: (a) admits as regular students only persons having a Certificate of graduation from a school providing a secondary education or the recognized :quivalent of such Certificate, or who are beyond the age of compulsory school attendance in this State; (b) is legally authorized to provide a program of education beyond secondary education; (c) provides an educational program for which it awards a bachelor's degree or provide:; not less than a 2- year program which is acceptable for full credit toward such a degree, or provides occupationally oriented programs in highly technical and vocational areas wherein the program and related academic instruction is subject to approval by an agency of the State; 3 1 (d) is a 11 c111 •-1+rofil. ills ti.t:tit.ion Cn: opev'LLC,l ; a SLnkc educational insLitution; (e) is aCcrediLed by it i:atl.onall.y 1.000v,il•LC(1 accre'I:Lt1II11 agency or asaociatiou; (f) provides the student or lending, institution With necessary forms t:hich will be regtiirecl to he executed in the origination of the loan and provides counscl.iiq; as to their completion, use and effect. Form will include: (1) O.E. Form 1154 (Stttde.nt Application) (2) O.E. Form 1164 (Promissory Note) (3) Statement of Rights and Responsibilities (4) Authori•r.ati.on and Affidavit Statement (5) Fit St YCar Student Eligibility Certificate (i.f applicable!); (g) the rate of default on student loans at Lite eligible i.nsLituti.on attended or proposed to be attended by a student sltsll. be determined its. of. June 30 of eich year. The rage of default shall lie the percental;e of student lon s. ill repnywcnt status (1) for tahich default, claims have been filed with the Coinniissioner by the Collcg,c CoordiniiLi.nf; hoard under Lite FIS1, prog,rau, such percenLag,e being that t:hich, under presently proscrihcd procedure::, are determined monthly by the College Coordi.na'in- board. In the event an elil;ible inst_ituti.on Nils a default rate e:llich is 5/. shove the ::tale r.urltilat.ive default rate as a June 30, P~ such eligible instit.titicm ::ha] 1 not thercafLoj- be considered .1 eli.f;iblo institution, under Lhe pl:ovisiolls }loco:'. (except for consolidation notes) until such default raLci at: the particular institution ha:; thereafter been reduced; and (h) provides compl.etc st:Udent Sttit.tl. repo. tS upon rcgttc:+t of the Ser.vicinl; Agent:. An cligiblc N-,L!.tuLian f.nilinc; to provides such reports shall not thereafter be considered ,111 elig,i.blc institution uncicr the provisions hereof tutl:il such reports from the parLicttlar institution have bceri received. SECTION 6: 'I'hc student loan notes acclui.red by Lite 3'rustcc. on behalf of Che AuLhoriLy must he executed by a student; (a) who utects the sLandnrd;; and criteria of the applicable Federal lac: (as evidenced by the insurance of the loan by the Office of Education); (h) t,ho is a ciLizcn of Hic Untied States of 1,111crica; (c) who must be at least a full time student, or if less Tian full time, the amount of the loan shall not exceed the direct cost of education (.i.e., tuition and foes, and hooks and qp,plies) frorl.Item 35 of OF Form 1151 (7/77). if student ceases to qualify, cligihili.ty unrler the program ceases. Eli gi.bility is determined at Oe time of loan; 4 ~ue■ s (d) shall have sil;ned a "declaration of responsibility" acknowledg5.n1-, Llic terms and conditions and the obligation Lo repay, such staLement to have been approved as to form and content by the Board of Directors of thn Authority; (e) who, if a first year student, was in the upper 50% of bis high schoo'i. graduatinf; class or scored in the upper 507, o`_ the staridai,-d entrance e~,ami.nation utilized by the edacational institution, and based on the norms of that institution, as certified by a representative of the educational institution to be attended, or who is 25 years or older and has successfully completed 15 or more credi' hours and has attained a grade point average: of not less than 3.0 on a possible 4.0 on work attempted at said institution; and (f) who, if a first year student, has by the execution of the student loan note, borrowed not more than 50% of bio or her education costs for such year. SECTION 7: As to eligible lenders, the Authority shall encourage cooperation with the policy of the Office of Education by requiring an eligible lender (after the receipt of an insurance commitment) to make two equal multiple disbursements (one-half for each enrollment period) to the eligible institution. SECTION S: The Authority shall require that all income aris nF; directly or indirectly from the expenditure of the proceeds of a particular bond issue shall be kept separate and apart from other funds of the Authority which may be derived from other sources of some other bond issur_. The Authority may allot the Trustee to pool any funds held by it as a matter of convenience if accounting controls are established so all funds may be accounted for according to the source of their receipt. SECTION 9: The Plan of Doing Business is intended to be Fmcl s'hTM conform to the applicable law and regulations. In the event the law and regulations chin&e, the same shall automatically operate as a chase, in this Plan of Doing Business and this Bo-t.rd, at the earliest date practical, shall amend this resolution to reflect such change(s). The additional rertricti.ons herein imposed have been designed for the intended purpose of providing stability and fiscal responsibility to the loan program of the Authority by placing restrictions upon the number of notes acquired which (1) are executed by, students lees than full time, (2) are executed by first year r,Ludc•nt!,, acid (3) executed by students who attend an institution having unacceptable default records under the program, or. (4) who refuse to cooperate with the Servicing Agent. The Authority reserves the right co amend or eliminate these additional restrictions at any time it I's felt that the same shwld 1.: modifiee and accomplish the aforesaid intend,A1 purpose. S SECTION li): The 1.)urpose of re-adopting this Plan of Doing Bu~ siness is to incorporate all changes required to be made in a single document. All resolutions heretofr:e adopted by this Board on the same subject are hereby repealed. PASSED A'.iD APPROVED this the day of ~ 1978. res ent, oar o erectors North Texas Nigher Education Authority, Inc. ATTEST: ecretary, 3oa- r~ o Directors North Texas Higher Education Authority, Inc. (Authority Seal) /1 1 CITY OF UENTON FROt :-K/ DATE: _ FOk YOIIR RE~'I~fJ TAKE APPROPRIATE ACTION FOR YOUR INFORI.IATU)N ,PLEASE PREPARE DRAFT OF REPLY FOR COMMENT & RECOMLXENDATION PLE:ISE ?EPLY O:J MY BEHALF I. PLEASE DISCUSS WITH ME _----"LFASE RETURN REEIARKS: wmo;+~a~sras4awarrs:+~aws~ v~ THE STATE Or TEXAS, KNOW ALL MEN BY THESE PRESENTS: COUNTS' OF DE,VTON J . oEED RECOM 270 That The City of Denton, Texas of the County of Denton ►nd State of Texas , for and In consideration of the sum of ---------------------------------------DOLLARS, ---------ten and no/100------r------ to it in hand paid by Bapco, Inc. of the County of Denton and State of Texas , the recelpt of which , Is hereby acknowledged, do, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER QUIP CLAIM unto the said Bapco Inc. their heirs and aesigns, all its right title and interest in and to that certain tract or ; ar. i~ eel of land lying in the County of Denton and State of Texas, described as follows, to-wit: All that certain lot,' tract or parcel of land lying and being situated in the ~ City and County of Denton, State of Texas, and being part of the R. Beaumont survey, Abst.' :~o. 31, and tieing an addition to the City/County of Denton, as recorded in Volume 350, Page 321 of she Deed Records ^C Denton County, Texas, and more particularly described as follows: BEGINNING at a point in the South right-of-way line of Sunset Street, said point' of beginning being the intersection of the South right-of-way line of Sunset Street and the West right-of-way line of Coit Street and also being the Northeast corner of a tract of land as conveyed from B.F. Daniel, et ux to Bapco Inc. by deed dated March 29, 1967 and recorded in Volume 548, Page 684 of the Deed Records of Denton County, Texas; THENCE East 'I along the South right-of-way line of Sunset Street, a distance of 30.0 feet to a point fore` a corner; THENCE South 30.0 feet East of and parallel with the West right-of-way line of Coit Street, a distance of 152.35 feet to a point for a corner; THENC13 West distance of l 30.0 feet to a point for a corner, same being the Southeast corner of said Bapco Tract; THENCF Norch, along the West right-of-way 2:ne of Coit Street, same bein-o the Fast boundar I line of said Bapco Tract, a distance of 152.35 feet to the place of beginning and contain- l ing 4,570.5 square feet of land, more or less. PtOVIDED that, the abova described tract is hereby vacated and abandoned only in so far as any right, title or interest may be vested in the public as a public street, but it is expressly made a part of this deed that a utility easement is expressly retained by the City of Denton the same as if an easement jl were granted therefore to the City of Denton by the owner thereof with ell rights on in- gress, egress and regress in, along, upon and across same retained by the City of Denton until such uses therein are abandoned by seperate action. a TO LAVE AND TO HOLD the said premises, together with all and singular the rights, privl- leges and appurtenances thereto in any manner belonging unto the said City of Denton, its success s MAkh- d asslgns, forever, so that neither the said the City of Denton, its.successors xll9u' I)oh* nn; eny person or persons claiming under it shall, at any time hereafter, ; have, clain: or demand any right or title to the aforesaid premises or appurtenances, or any part there- ot, WPTNESS our hand at Denton, Te:.as this the 19th day' of December A. D. 10 78 Witnesses At Re%U t of Grantor: ~i _C~TY_9f N1o I T XAA. ATTEST t r, _$Y B!(IKIFS IIOI:f, CEI'Y SLGlth,l'AItY r`101; f4ITClII:f.L, !1 UltllO lace 125 _ .,ill~I.vrY\\.WP~,I bl~lii/a/rt..,Y..,IY,~.I1,4.,Y .fYI. Y.~iNM...Yt.N• 4WJRt~Id OUY.9W i.✓YIY J•1. TI Ji W.:-..Y., II t 1 r 'SINGLE ACKNOW1,M)GAIENI VOl vuI 1'+ICE126 THE, STATE OF TEXAS, B£FORF ME, the undersigned authority, nCand for sak" County, Texas, on this day Personally appeared.,. known to me to be the person e that whose name e: bscnbed to the foregoing Instrument, and acknowledged tom he executed the snore tot the putimses and consi,'eratlon therein expressed. GIVEN UNDER MY ttAND AND SEAL OF OF) 'CF., This day of , A .D. 19....... (L.S.) Nolaiy Public, _ County, Texas My Commission Expires June 1, 19.... SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF. BEFORE ME, 0 a undersigned authority, ' in and for said County, Texas, on this day personally appeared +,IgytP )3' eFN @tt@. ~ {awl, j krxr rn 4e'me tt,dl },e.psrs s,~ name subscd' ed to the foregoing instn+:nent, and acknowledged to me that hP1153 ' ir', D 44, ,O~urposcs and consid•:at+on therein expressed. Y6£R F{ HAND AND SEAL OF OFFICE, This day of , A.P. 19....... ~VE, Ubbv t r~idae~4Ml3dSd u _ sssst3l ~ y,q~ Notary Public, ....County, Texas 0,5 ut%~y~aWntill*0 V11 ~l+tll ,My Commission £xofrc+ June 1, 19 s +o~s+ tau , , e rh u'' V010.0 " ihORPORATIOty ACKNOWLEDGMENT ll~ u4 r:B a u BEFORE ME, orit 0 D ~ ,~n l Cdtfnt the undersfgneauth y, Ulan TQN...~ Cd' l~K ' y, Texas, on this dayperaonell a peared....19f l(ILf~e.Ll ,..Maynr..fo>_the..Cft of in a d. Denton, le as...__....... .._...-...._............___---..........--........known to me to be the person and 0}1cerr•~'c. f. whose name is subscribed to the foregoing Instrument ■nd acknowledged to me that the same was the act of the said. , + .City..of.,Denton, _.Texas..... a corporation, and that he executed the same as the act of such corporation for the purposes and consideration, thereto ' expressed, and In the capacity therein stated. ffn , + GIVEN UNDER MY HAND AND SEAL OF OFFICE, A.D, 1918_ Notary Public, ___.......Denton County, Texas bly Commission Exoires,iune4rt9.._2'31 -F0 CLERK'S CERTIFICATE THE STATE OF TEXAS, f,-..... County COUNTY OF. _ . . Clerk of the County Court of said County, do hereby certify that the foregoing Instrument of writing dated on this day of . , A. D. 19 , with its Certificate of Authentica iov, was filed for record in my otMee on the .day of..... , , , A. D. 19.. . , at _ o'clock M., and duly i recorded this,..., day of A, D. 19 at o'clock M., in the i Records of said County, In Volume_ , on pages.................... ! WITNESS MY HAND AND SEAL OF THE COUNTY COURT of said County, at olace to the day and year last nbore wrinen. i _ . i County Clerk_,..,........ . County, Texas. (L, By. Deputy. 7 ~ N S' N !1 i ~S G a" a A ri IC.n` I rs 5 AF 1! '1, V ~ x ,a b I I ~ F~ ~t1 d Ito 1 FILED-._______ n lk -b :0 0 ` I3~S OCi -2 k 1l' 58 ryl 6Y °f (j ~~iCtiiT ° CA ct Sd 8G~ a~v~ RIB ,oh m a G O n] n ~ t ry. y c 3 " ,"G, ~ ~pQ o En m3 rMM" P'N L t ~aqn~ i $ O on On = p 'J vwi .O.n j S d ~ro~ a~ t ° CL t o c O ti O G O O ' 7 n a 7 ~ I O 4. H a CA r9 t o I G C CO '<m (j 0 O p, N O O•" J y y 5 n N N G 7 o. CL CL O ,0. y O 0 ~ S n O to ti< rt X G. 0 y~ M o G A o c v w r-1 n ■J "wf n H ~ p 1 hK ~ f1 n LL a m a o I D D 1 10 wID 10 O k c~ 0 0 H 0p r^ io ` Y H m r..+ ~ t y ~f,` Y J FD r 0 -1 O„ f~D 'C I ~rrt ►.i III O 0 . C C1 G? G G r. I .Oi OI K n L yh1 ' M o n. a w 'D n r D R1 N N w O r O r r \ M y Co H W f I I{1 ,I y O p { p G S • M ~ . I S co O O ary V Sv r S IV lu I a ? 0 C d. 1 ~ y A. ~ Oi ~ ~ ~ ~ i r ~ %1 ~ ~ ~l C C~ r ` r i 7' ~ T ' nn( PURCHASER'S STATEMENT Date GF No.: 3 Sale From:Ar5p Property Purchase Price . . . . . . . . $ d~ ~~L~2U Plus: Charges Filing Fees To County Clcrk WD Rel. _ D/T e- pv Tsf- AI'f.__ _ Agmt. 1 - Loan Charges and Fees Duo To . , Appf. Fee Cr. Rep. Photo Orig. Fee Insp. Fee Loan Transf ; cc pr Assun tion ees Fees Io LiLc~ Title Company Title Policy: Own6r,r2y~`-lilort a ee Binder Escrow ~testrictiuns-_____- s - $-moo ~ Attorney fee to For closing/Examining S (Included in Premium) Tax Certificates: State and County 92d 2A.. _ City and School~yf ~7~ Other S-14s-- Survey Fee To S Attorney's Fees or Preparation of Papers To S $ Flood Insurance Premium To S- r Hazard Insurance Premium To $ Tax and Insurance Escrowed With raos. Tax Deposit @ per me. _ mos. Hazard Insurance Ca per mo. mos. Flwd Insurance @ per mo. mos. Murtgage Insurance @ per mo. Interest From to $ Proration of Ifazard Insurance From _ to Proration of Flood Insurance From to Maintenance Charge Proration From to Tax Proration From. to S _ Escrowed Accounts With Lender Purchased From Seller S_ _ S T ytal Charles . _ . $ ~ Gross Amount Due By Purchaser . . less: Credits Down Payment or Earnest Money Paid to U D Loan from S Note Assumed $ Interest Prora'lon From to $ Tut Proration From _ to $ - - S Rent Proration From - - to S_ Other Credit S Total Credits . S Balance Due By/To Purchaser . . . $ Purchaser understands the Closint or Facrow Agent has assembled this Information representing the transachin from the bast information avallabte from other s wrces and cannot guarantee the accuracy thereof. Any real estate agent or lender involved may be furnlshed a copy of this Statement, Purchaser understands that tax and Insurance prrrrstions and reserves were bass. on figures for the precedin„ year or supplied by others or estimates for current yeti, and In the evtnt f y change for curs t year, all necessary adjustments must be nude betwceu Purchaser and / Seller direct 611 The undersigned hereby authorises ~--to nuke expenditure and disbursements as shown above and approve same for payment. The undersigns al, ac nowiedges receipt of Loan Funds, if applicable, in the amount shown above and a r_^ceipt of a copy of this Statement. or Escrow Agent Address F~gag Compliments of CHICAGO TITLE INSURANCE COMPANY . ~ w J. W. JAGOE, JR 11007.19721 MEMBER OF • J W LAGOS 111 TEXAS TITLE ASSOCIATION JAGOE ABSTRACT COMPANY, INC. FOUNDED IN 1076 BY JUDGE JOSEPH A. CARROLL OPERATED SINCE 1074 AS JAGOE ABSTRACT COMPANY P. O. BOX 267 ISSUING AGENT FOR DENTON, TEXAS 16701 STEWART TITLE GUARANTY Co. L December 28, 1978 AREA CODE 917/397C516 L AFL Mr. Paul Isham, City Attorney City of Denton Municipal Building Denton, Texas Dear Paul: I am enclosing the original note executed by Jimmy Dale Brown and George E. Reaves, payable to the City of Denton in the amount of $71,710,65, in connection with their purchase from Sunrise Housing Corporation, The Deed of Trust has been filed for record and will be returned to you by the County Clerk after recording. Thanks very much for your help, Yours very truly, JAGOE ABSTRACT COMPANY, INC. BYI na , %nclosure _l~ _.hs411?-h(STALLAIENT DMD_OF_TRUST NOTF_ __Jdsrunsutlvnea.Gn.Qfgw Texas, n9se to t $71',71Q.65 7r7,0V,alu65 e Received, the undersigned Denton.. rsigned December 15. A, D. j EI pasta the City of Denton, Texas or order, the sum of Seventy-One Thousand Seven Hundred-Ten _b 651100, ($71,710,..4.5)- ---.DOLLARS r with interest from date at the rate of . nine (9Y) _ per cent per annum, both principal and interest payable at ( Denton, Texas & i);erelst The principal of t is no le is payable i- 120 monthly installments of $ 908.40 - each. _ morth II I I j ~ the firs: installment being due and payable on or before the 15th day of January 1979 _ II and ono installment to become d.te and payable on or before the day of each succeedmg month I I~ thereafter until the whole principal sum is paid. The interest on this note is payable with principal and included in.the above.men*_ioned. pay- ments, Ir i I and all past due interest and principal shall bear interest from maturity at the rate of ten (10) per cent per annum. This Note, to the extent of the amount herein mentioned, represents money this day bor; ved by. Jimmy. Brown and Ceorge E. Reave3 d/b/a Brown 6 Reaves Property ~l from the said City..of Dent:on_ , and to secure the credit thus extended ha s. _ this day by.. . one certain Deed of Trust, ` conveyed to. Paul C.. Isham_ Trustee, the following lot or parcel of land: I i All those certain lots, tracts or parcels of land lying and being situated in the City ,~IE and County of Denton, State of Texas, and being known as Lots 1,2,3,4,5,6,7, 10 and the north 45' of Lot 11, Block 8 of the Owsley Park Addition, an addition to the City of Denton, as shown by plat thereof recorded in Volume 1, Page 6-1/2 of the Plat Re- cords of Denton County, Texas; 11 r I I, which said land Is fully described in said Dead of Trust. It Is understood and agreed that failure to pay this Note or any installment, either of l.rineipal or interest hereon when due, or the failure to perform any of the agreements contained In said Deed of Trust, el.all, at the election of the holder of Bald Note, mature tha maid Note, and same shall become at once due and payable and subject to foreclosure proccedings under said Deed of Trust. Each maker, surety or endorser hereon severally waives grace, demand, presentment notice, protest and consents that time of payment may be extended without notice. And it is hereby specially agreed that ?f this Note is placed In the hands of an attorney for coDaLtion, or collected by suit or through Probate or Rankr tcy roceedings [he, _un.dg.reigngd.__. agree to pay reasonable sttori.ey'a fees additional on the principal and interes t n e eon. d/b/a Brown & Reaves Property _ _ ! sip CREDITS PRINCIPAL INTEREST TOTAL RECEIVED BY DATE P19114ClPAL INTEREST III TOTAL RECEIVED BY - - 'I_ _ ~I - it j , -1--- ---_.--i~-- --I---- it-- I m I --_-ill--- -II I , I ~ ..i ~Y 11 ; ~ I ; 1 E I f 9 I I I i ; ~ j d 1 4 Zq E i f i ~ I f o~ e ! I ~ I ~ i k"o 00 oaij Ij x ~ ~ i ~ ~Co a I i j I I I I 1 ~ ~ i x rJ~.d I f f I ! f I i : .7 o Q. I i I ~ x ob I o.~ I I i A 400-DEED OF TRYST-With Try and Insurance Ctau.< UAj,71N Stationer Co., Dallas THE STATE OF TEXAS, Know All Men By These Presents: COUNTY OF......DEN.T..ON I' THAT THE UNDERSIGNED imm_Vhf1 Wa,n r tg~ .,E,r„•.Reave.li ..d/.b./a..B.raZrsl...6..Rea.Yes..... 3805 of the County of .......................Denton and State of Ter 3, it, consideration of the debt and trust hereinafter mentioned, ba.s Granted, Bargained, Sold and Conveyed, and by these presents do Grant, Bargain, Sell and Convey unto Paul ...C....Isham........ _ Trustee, and to his successor or substitute in this trust, and to his and their assigns hereunder forever, the following described property, situated, lying and being in the County of Denton...... and State of Texas, to-wit: II All those certain lots, tracts or parcels of land lying and being situated in the City and County of Denton, State of Texas, and being known as Lots 1,2,3,4,5,6,7,10 and the north 45' of Lot 11, Bock 8 of the Owsley Park Addition, an addition to the City of Denton, as ohown by plat thereof recorded in Volume 1, Page 6-1/2 of the Plat Records of Denton County, Texss. I TO HAVE AND TO HOLD the s'tid described properly, with all the rights, members, hereditairl and appur- tenances, now, or hereafter at any time 'afore the foreclosure hereof, In any wise appertaining or belonging thereto unto the sald Trustee, and to his successor or substitute hereunder, and to his an,; their assigns forever. And the under- signed hereby bind themselves.......................... heirs, executors and administrators, to warrant and forever defend all and singular the said premises, unto the said Trustee, his successor or st:bctitute in this trust, and to his or their assigns forever, against tle lawful claim or t.laims of all persons whomsoever, THIS CONVEYANCE is made in trust, howeve-, to secure and enforce the payment of....a.ne...c.acl,aizt........... promissory note of even dale herewith (hereinaft^r referred to as note), executed by the undersigned, payable to Op ._City...of..D.enton....Texas......... , or order at ...................Denton.................................................., Texas as follows: In the principal sum of $710710.65, bearing interest from date, at tjte rate of nine (9X) percent per annum, principal and interest payable in equal monthly installments .)f $908.40 each, beginning on or before January 15 , 1979, and monthly thereafter until fully paid, said note containing the usual default and attorneys fee clauses. This lien is second and inferior to the lien securing Denton Savings Association in the payment of a certain promissory note dated January 8, 1976, in the original principal sum of $248,800.00 recorded in Volume 409, Page 71 of the Deed of Trust Records of Denton County, Texas. MERAW&I l Ili ~.2 70 G with interest thereon from execution until paid at the rate of 9% per centum per annum, said principal and interest payable monthly as it accrues at the office of It is agreed that if default be made in the payment of any principal or interest on said note, or in the performance of the covenants or agreements herein contained, or any of them, then at the option of the legal hola,- of said note, the whole of the principal debt herein secured shall become due and payable, and may be collected by suit or by proceedings hereunder; and it is further agreed that if said indebtedness is not paid when due, and is placed in the hands of an attorney for collection, or if collected through the Probate Court, a reasonable amount shall be added thereto as attor- ney's fees. It is also agreed that this Deed of Trust covers any and all renewals cf the above described indebtedness. NOW, THEREFORE, if the said indebtedness be paid, both principal and Interest, as the same becomes due and payable, and if the covenants and agreements herein contained be kept and performed, then, and In that case only, this conveyance shall become null and void, and the property herein conveyed shall become wholly clear of said debt, and these presents released in due form at the Grantor's cost, otherwise to remain in full force and effect; but if default shall be made in the payment of said note, or any installment of interest thereon, when the same shall become due cr in case of the breach of any of the agreements or covenants herein mentioned, then at the request of the legal holder of said note, the said Trustee, or his successor or successors appointed hereunder, Is hereby authorized and empowered to sell the land hereby conveyed, at public auction, to the highest bidde- for cash, at the Court House door of......Denten~ .......A.e.r1.4.Q~ .............................County, Texas, between the hours of ten o'clock a.m. and four o'clock p.m., on the first Tuesday In any month af'.er having given notice of the time, place and manner of sale by posting written notices thereof at three public places In said county, one of which shall be at the Court House door of said county, for three consecutive weeks prior to the day of sale, and it is hereby agreed that the said Trustee, or his successor, may sell said property, to- gether or In lots or parcels, as to him shall seem expedient; and after said sale as aforesaid, shall execute and deliver tc the purchaser or purcbasers tht:eof, good and sufficient deed or deeds in law to the property so sold, In fee simple, with the usual warranties, and shall receive the proceeds of said sale, and out of the same shall pay: First, all charges, costs and expense of executing this trust including a fee of S% to the Trustee on the total of the indebtedness secured by this Deed of Trust; Second, the note move described and all sums of money due or to become due hereunder, with interest as agreed; and, Third, shall render the overplus, if any, unto the undersigned herein, or legal representatives or assigns. THE UNDERSIGNED FURTHER COVENANT with said Trustee that...... t,he,y,.,XU1... at all times, during the continuance of this trust, keep the buildings and improvements now on, or he.eafter to be erected on, said premises, Insured against loss by fire s.nd tornado to the amount of $.320a SOO;,OO ...................or to the extent insurance can be obtained thereon, in companies acceptable to and with 1-.5s payable to said Trustee, or his successors, for the benefit of the payee or the legal holder and owner of said note, and deliver the policies to said Trustee, or his suc- cessors, and to pay, before the same shall become delinquent, all taxes %nd asaessments that may be levied or assessed against Bald premises or any part thereof. And it is especially, agreed that If the undersigned shall fail to effect said In- surance and deliver such policies, as herein provided, or to pay such taxes, then the said Insurance may be effected and said taxes may be paid by the legal holder of said rite, and sums so expended shall be a demand obligation and become part of the debt hereby secured, and shall draw interest at the rate of t.ea...(10 ......per cent. per annum from date so expended until paid, or at the option of the holder of the debt secured hereby, the entire p:;ncipe.1 indebtedness may be declared due, and be collected in any manner provided In thi,)nstrument, or provided by law. IT IS FURTHER AGREED that, in the event of a foreclosure under the power granted hereby, the owner in possession of said property, or any one claiming ender him and in possession as tenant or otherwise, ,.,,the there- upon become the tenant at will of the purchaser at ruch foreclosure sale, and should such lanant refuse to surrender possession of said property upon demand the purchaser shall thereupon be entitled to institute and traintaln Ii:' statu- tory action of forcible entry and detalner, and procure a writ of possession thereunder, IT 1S FURTHER AGREED that in the case of the dea+, resignation, removal or absence of said Trustee from the County of.......... ..Dentor. I Texas, or his refusal or failure or inability to act, then the bolder of said note, or any part thereof, shall be and be is hereby authorized to bswint a substitute in writing, who sba14 there- upon succeed to all the estate, rights, powers and trusts granted to the Trustce herein named. IT IS ESPECIALLY A TREED that when, as and if any accelerated maturity of any items secured by this Instru- ment may be declared due under any term of this or any other paper evidencing the debt or any part thereof, That the maximum amount that can be collected for or on account of the debt shall be the principal amount thereof and Interest tecrued to the da.e of payment at not to exceed ten per cent. per annum. That if any possible construction or any and all of the papers may seem to indicate any possibility of a different power given to the creditor or any author.ty to ask fort demand, or receive any larger rate of interest the parties covc:.?nt that k1me Is a mistake in calculation or wording -rhtch this clause is intended to override and control. IT IS SPECIALLY AGREED that in case of any sale hereunder, all preretmisites to xdd sale shall be presumed to nave been performed, and that In any conveyance given hereunder all statements of facia, or other recitals therein made, as to the non-payment of money secured, or as to the breach or non-performance of any of the covenants herein "forth, or as to the request of the Trustee to enforce this Trust, or as to the prop:r and due appointrnt of any substi- tute Trustee or as to the advertisement of sale, or time or place or manner of sale or as t- any other preliminary act or thing, shall i;~ taken in all courts of law or equity as prima facle er;drnce that & facts 30 stated or recited are true. r t f December i wiTNESS our hand this 15th ` yo f Nacre } , A.D. 19 78 L>f>} » t'_... Le.4.r..:- JI fIi OWft ` ..'.........~~'~:.f : RGE E A S ERTY D/8/A ~HROWt3 & REAVES PROP I THE STATE OF TEXAS, BEFORE N[E, the undersigned authority, COUNTY OF........... DENT(!N,._.,........ in and for said Cou(tty, Teas, on this day personally appeared a.1SS y...B.row..O...and...Ge arge...E,-ReavES..._.d/his .Wn....6...8Q+ive.a.. J'.t.aR.exxx 3x9 known to me to be the person..9... whose name.g_..,.AK@....... ....subscribed to the foregoing Instrument, and acknowledged to me that -._t.hey...... executed the same for the ourposes and considnation therein expressed. .Dec.emb . D. 19.../......... GIVEN UNDER MY HAND AND SEAL OF OFFICE, This. ,.~~.L.tt . ...day of.._....... N0taryP0.blc: .................Denton... ......-County, Texas My Commission Expires Juoe....a IG THE STATE OF TEXAS BEFORE ME, the undersigned authority, COUNTY OF.......... In and for said County, Teas, on this day personally appeared..._ , wife of.-................................................... 11; known to me to be the person whose name b subscribed to the foregoing Instrument, and having been examined by me privily sad apart from her husband, and having the same fully explained to her, she, the said ._._....._....acknowledged such Instrument to be her act and Feed, and she declared that she bad willingly signed the une for the purposes and consideration thereon expressed, and that she did not wish to retrad It. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This ............................day ot...... , s D. t4_._......... _ (L. S.) Notary Public..._ County, Texas 19..._._._ Nfy ComakkWon Expires June... THE STATE OF TEXAS, BEFORE NIE, the undersigned authority, COUNTY OF_.......... _ In and for mid County, Texas, on this day personalty appeared and Eli wife, both known to me to be the persons whose names are subscribed to the foregoing Instrument, and acknowledged to me that they each eu.uted the sane for the purposes and consideration therein expressed, and the said wife of the sold_............... - bav(ng been examined by me privily and apart from her husband, and baving the same fully explained to her, she, The sald. ....w_.-»._....................... ......................,......,._..........................................acknowledged such instrument to be her act one deed, sod sho declared that she bad willingly signed the some for the purposes and co.~:Vcration the-sin expressed, and that Or did not wish to tetrad It. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This ..........................day of.............................................., A. D. 1D.............. (L. S.' _ Notary Public _ ...............................................County, Tens Sty Commission Expires t_x......... I0_.......... vu~ 59.2 ~r: 71 I h j li i F' n 9~ 3 ` j"r Ind a i 'l'" 9 t:d p r i ~ i ! r o o t E • Oil POO oaa3 3 _ r STATE OF 1EXA4 CDM Of DEMON COUNTY CLERK, Denton County, Texas thereby certify that this In 'mment was bled on the data and time stamred hereon by me and was duly m carded In the volume and page of the named records of Dentcn County, Toes is stamped human by me. DEC?.21978 odww •'a 4 f d •M r~ COUNTY CLERK. Depwna rc% ,ty: Teats I t Trinity Universal Insurance Co. 1"heTrenity Security National Insurance Co. Coin p~nICS Trinity Universal Insurance Co. of Kansas, Inc. 187G,y5 D.~6, r, i 7b?O1 BOND NO. LICENSE BOND KNOW ALL Md N BY THESE PRESENTS: That we, _ dba Metro Metal Building r L1u as Principa', and Trinity Universal Insurance Company of Kans"_zr~_%ed under the lave of the State of Kansas with principal office in Dallas, Texas, as Surety, are held and firmly bound unto City_of Linton. Tl%xes in penal sum of_g1e.-lbrnx sand and no/100 ( $ 1,000,00) nollars, lawful money cf the United Stares, for which payment, well and truly to be made, we kind ourselves, our heirs, executors, administrators, successors cnd assigns, icinily and severally, firmly, by these presents. WHEREAS, the said Principal has applied to said CLligee for a license to _ _building Contractor beginning February 1, 1979 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the said Principal shall indemnify said Obligee against all loss to it caused by sold Pdncipal's breach of any ordinance, rule or regulation relating thereto, then the above obligation shall be void, otherwise to be and remain in full force and elfect. PROVIDED, THE LIABILITY OF THE SURETY upon this bond shall be and remain in full force and effect for the full period of the certificate or license, and renewals thereof, issued to the principal above named, or until ten days after receipt by the Obligee c a written notice signed by such Surety, or its authorized agent, stating that the liability of such Surety is thereby lerminated and canceled; and pro- vided'urther, trial nothing herein shall affect any rights or liabilities which shall have accrued under this bond prlor to the date of such termination. Signed, sealed and dated the 5th day of- December 19 78 Ibtro Metal Building t - _ - Principal By / 0 * • ,..arc •.S SSAE~ A-1 EA .SEALr TRINITY UNIVERSAL INSURANCE CWW, OF KANSAS, INC, Llcenu Banc By lp X p erlsr a R. Kennedy Atlomey-in-fact TheTtinity Companies Dallas, Ter,as 75201 POWER OF ATTORNEY K ,OJALL.?'Fti Py Tt~FSF PRFSENTS. Tt, )o TRINITY L1r;I VE RSAL It,SURAN'-E C0r,'PAN't .rI SIL III RII y NA TIUr,IAL IrJS1J4 ANCF 4'0I,PAN each a Te.os CrrF nnJrrr^ an,l TRI'JITY UNIVERSAL iHSU AtJCF t6': °:.NY OF KANSAS, INC., ❑ K arse Qrponcrl-.n do hsrebq ar Co -,r JAMES R. KENNEDY - DALLAS, TEXAS its tr.., orI d Iar;F,l At r cr r ev( s I. in - F ac t, ~,i•Ii I it n rrl•y t. ors Lx1, _1'f f1 1 1 1 1!, ~t•.J Vrfty L,nds c~ Jr Jett „4in is c"d rthnr d m.•.,I r,f a slrllur c' it i it r I .i , I r ri II L.s Is 5, o~-) tL bind the rr sc =crl, n'ra,•.y thar..by, r ,,,rs or r..,, ,11 r t ..-.,der ~ r!•,• ONE HUNDRED THOUSAND AND N01100 t,,Il„•,ij00,000.00 EXCEPT NO AI_ITHO EI IY IS C,RANTEU FOR, 1, ii I or pr.,; csaI Fonds wpere esrlrna. a contract rncc n.ceeds rFe a•, p int ,tatcd herein. Open Penalty bonds. 3. Bonds wLere A,tomey{c)-I n. F❑c% cc it cs a pj,ty or irter,sr. IN A ITNESS WHEREOF, TRINITY' UNIVERSAL IN5LIRAN '-F r.Oh'PBtfl y, SE C!tuIIY NATIONAL IN- SURANCE COr,fPANY and TRINITY UNI'VER'SAL INSLIRAIJSE OMPAN'Y OF h:ANSAS, INC., hove each executed and arrested these Frese-ts 9th p e 78 rFiS dT: .f , ,9 . ~y F ~A~IT. SEC RE T. RV ~ JT LER. F SI EJ AUTHORITY FOR POWER OF ATTORNEY That TRINITY UNIVERSAL INSURAPCE (-0,VPA^J'f ar,d SECURITY NATIONAL RJSUPANCE COMPANY, en-h a Texos Corporation and TRINITY UNIVERSAL NiURAN i_E COMPANY OF KANSAS, Ni;., a Konsos orporatlon, in pursvarce of auN,r,rity gncnted by shot corrain re,rli,tion o,,lopied by itio r re,pnrtlve Fli❑rd of )hectors on fl-e Ist day of itiorch, 1976 and of which tFe follawino is a to ~e, fell, and complete copy: ''RESOLVED, That the President, any Vice.President, cr any Sec,etary r4 eoc41 of rfase Cnmponles be and they are hreoahy avthcrized art J or-,, rm,ennd to rno4 , e.r•sr,te, ant; do l'r. er in b,,Fl,ilf cf them Companies unto such person or persons rIdi,~p wir,,In the U ~Irod Stites cF Aa.nrl _1, as rroy select, Its Power of Attorney ronstitutir, oral a[pOlntln,q ear -h Such -rson its ~V lcrnby-in-Fact, with foil power and 0,tiar- Ity to mole, ex,cute and 1=liver, for it, in its name and in its Iehalf, as sI ref, a•,y par'icu lar born{ or undertaking that moy he required in the spec'rf'red terril,,ry, ender such 11 a•ito•Ir,ns and restrictions, bath as to nature of such bonds or ndertok ing and as to limits cf lability to be uriertaLen by these CompIjnle s, as said Officers may deem r+of❑r, tF,n nature of su'l Fr-ids 'r a,1.rtabin;r a,d tI,,~ limits of Ii,}illry to whidi such P,:ii-5 of (atorney ,uy to restricted, tc he in e,irh V-,rance sF nriFied in such Pcev(rof Attorney, RESOLVED, That any and all Aftorneys-In-Fact and Officers cf the Co,nF~- e i,,cludlra Asslstori Sn.re- tarles, whether or rot the Secretary is obvert, be and ore Term, oI,thcri¢nd inr er~povoercd to -,rtlfy or verify copies of -he By-1_nws of rhese Co,npnnles as well as 3,,y re snlu,lin of Ile directors, having to do with the e.ecution cf Lcnd<, re cegnVzance s, curvrr,cts of I•~dn r,nlry, o„ f -11 ~0,r wrlrlrgs o41l3n1nry In tFe notate thereof, or with fe )ofd fo Ile pc.Vnrs nl any cr ti,-, cff,-,r5 , f tfn J. r pryn ins r of AH,n ey Yin. Fact. RESOLVED, That the s1;4nature of any of Ile perso^s desrrVbed In N, f r~J,i"g re ;nlutirn may Fe Too simile signorvres as fixed or refrodviced by any form of typim~, {Arlin,, s11, in) r ,ther refrod,ction of the names cf the persons hereinabave rn,rhnrired.'~ CERTIFICATION OF POWER ATTORNEY I, Judy Fagan, Asst. Secretary of TRINITY UNIVERSAL INSURANCE COMPANY, SECT RITY NATIONAL INSURANCE COMPANY and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC. do hereby certify that the foregoing Resolution of rho fioords of Directors of tlIesp Cerpor..ttl10s, and the Power Attorney Issued pursuant thereto, are true and correct and are slill In full force and effect. IN WITNESS WHEREOF, I ho,e here,mSc at my hand oral arf/l/ned te~~f,/r/oJ/fr/ale ;ell cif ea t, Corroraria.m this day of_% ~~•^"v I , F (lwL~.. f ~(~:E AL: EAL',: a ~ rAN "31 IEC Et.R. • s-un ~I. I ~ (~{rr ~S A` . ti v~ NO. 7{l 77 AN ORDINANCE AUTHORIZING THE DIRECTOR OF ENGINEERING AND DEVELOP- MENT TO TEMPORARILY PROHIBIT OR RESTRICT PARKING ON CITY STREETS AND THOROUGHFARES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. (1) The Director of Engineering and Development of the City of Denton, Texas is authorized to temporarily prohibit or restrict the parking of vehicle!; on the streets and thoroughfares of the City for the purpose of facilitating street construction, recon- struction, or repairs and for the safe and prompt movement of traffic at the construction site. (2) The temporary or emergency restrictions shall take effect at such time as the appropriate traffic control siqn, signal or device is in place as required under the traffic ordinances of the City. Temporary or emergency restrictions shall remain in effect for a period of time not to exceed ninety (90) days unless other- wise provided in this ordinance. (3) That if the Director of Engineering and Development de- termines :hat a hazardous condition still exists after the expi- ration of the ninety (90) day period due to street construction, reconstruction, or repairs and an extension of temporary restric- tions is necessary for the peace, safety and general welfare, then the Director of Engineering and Development is empowered, upon approval by the city Manager, to extend the temporary restrictions governing parking at the construction site, until the completion of the project. (4) The Director of Engineering and Development shall keep a record of the temporary and emergency restrictions on parking, and these records will reflect the location at which the traffic control sign, signal or device was installed and the date that the traffic control sign, signal or device %as installed and rsmoved. a~~ SECTION II. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validir.y 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 III. Any person who violates any provision of this ordinance shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished by a fine not to exceed Two Hundred Dollars ($200.00). Each day such a violation shall continue or be permitted, shall be treated as a separate offense. SECTION III. That this ordinance shall become effective fourteen days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED This the 19th day of December, A. D. 1978. JO fITC 3 L,'MAYOV CIOF DENTON, TEXAS ATE S HO , IT SECRETARY ITTY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: RS 'mot?AUL~~,-IS~ T-0 CITY OF DENTON, TEXAS t . ~,o y ~ ~ ~ ~ '.o r ~ . . ~ . ~,y , C TE c~. } r ~ k t ri ~ ~ ,~~'"g t ~ ~ i' t l+.'.` ` I I `j l 1I t~l .r d °i DENTO~. DfA,57620: .t% I f) s.. V ~ QUITCLAIM DEED THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON X That the CITY OF DENTON, TEXAS of Denton County, Texas, for and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS and other good and valuable con- sideration to me in hand paid by CHARLES O. ARNETT and wife, JOHNNIE' ARNETT, have GRANTED, BARGAINED, CONVEYED AND QUITCLAIMED and do by these presents hereby GRANT, CONVEY AND FOREVER QUITCLAIM unto the said CHARLES O. ARNETT and wife, JOHNNIE ARNETTI of Denton County, Texa-j, the following described property lying and being situated in Denton County, Texas, to-wit: All that certain lot, tract or parcel of land lying and being situated in City and County of Denton, State of Texas, being pact of the East 75 feet of Lot 4, Block A, RIDGECREST ADDITION, an addition to the City of Denton, Texas as shown by plat thereof recorded in Volume 2, Page 590 Map Records of Denton County, Texas, and being described as follows: Commencing at the southeast corner of said Lot 41 t:lence West 6.8 feet with the South boundary line of said lotj thence North 40.5 feet it, a line parallel to the east boundary line of said lot to the POINT OF BEGINNING: THENCE North 34.2 feet in a line parallel to the east boundary line of said lotj THENCE West 3.2 feet in a line parallel to the south boundary line of said lots THENCE South 34.2 feet in a line parallel to the east boundary line of said loth THENCE East 3.2 feet in a line parallel to the south boundary line of said lot to the POINT OF BEGINNING. TO HAVE AND TO HOLD the above-described premises unto the said CHARLES 0. ARNETT and wife, JOHNNIE ARNETT their heirs and assigns forever, so that neitilc~r the CITY OF DENTON, TEXAS, its successors or assigns shall, at any time here:,fter, have claim or demand any right or title to the aforesaid property, premises or appurtenances, or any part thereof. =7 Executcd this day of December, 1978. ATTESTt CITY OF DENTON, TEXAS i Ye,$oks Holt, City Secretary by/loe Mitchel l$ Mayor THE STATE OF TEXAS COUNTY OF DENTON X BEFORE ME, the undersigned authority, on this day personally appeared JOE MITCHEL Mayor of the CITY OF DENTON, TEXAS a municipal corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capac!.ty therein stated and as the act and deed of said municipal corporation. GIVEN UNDER MY HAND AND SEAL OF OFFIf:E on this the /9-nay of December, 1978. Notary Public in and for Denton County, Texas i a w~wi. - r,..~`.Yr.I'rl. < r: r'eT ~...y. .~.i ,0 ;I~'. . r., rtv ..."f t • frr.r.!-1., .Y I .`lA+p~ } Y 'i , , ; . of . 1 'V''•!~ _I. .s f .l f. a- r .xY' ~r.~f .r I.r.✓, A!.L .ALL.: .1i f `rri111~1~~ e - City of Denton Municipal Building Denton, Texas 76201 Re: Easement at 803 Linwood Gentlemen: In consideration of your releasing a portion of the easement owned by the City at the above-mentioned address, we hereby agree that, in the event any damage is done to the residence at said address as a result of the city's lawful usage of the remaining portion of such easement, neither we, nor our successors, will hold the city liable for any such damages. / e'er i Dated this /J-day of December, 1978. Charles O. Arnett J nnie Arnett gsPplh;P Horn Carole A. Horn 4C ~ n ~ t I u NO. y . AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-11 AND AS SAID MAP APPLIEo TO 8.6 AND 9.9 ACRES OF LAND OUT OF LOT 60 BLOCK 285, AS SHOWN THIS DATE ON THE 02FICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That the Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to the Code of ordin- ances of the City of Denton, Texas, unier provisions of Ordinnancr: No. 69-1, be, and the same is hereby amended as follows: All the hereinafter described property is hereby removed from the Agricultural "A" District as shown on said Zoning Map, and all provisions of ordinance No. 69-1, adopted the 14th day of January, 1969, as amended, shall hereafter apply to said property as Com- mercial "C" District in the same manner as other property located in the Commercial "C" District; All that certain lot, tract or parcel of land lying and being situ- ated in the City and County of Denton, State of Texas, and being approximately 8.6 acres of land out of lit 6, Block 285, This tract being 750' east of Denton State ,Sci,c^! Road, is parallel And 100' west of I-35E, with 750' frontage along I-35E. The east and west. boundaries total 6001; the southern boundary measures 7501. All the hereinafter described property is hereby removed from the Planned Development "PD" District as shown on said Zoning Map, and all provisions of ordinance No. 69-1, adopted the 14th day of January, 1969, as amended, shall hereafter apply to said property as Commercial "C" District in the same manner as other property located in the Commercial "C" District; All that certain lot, tract or parcel of land lying and being situ- ated in the City and County of Denton, State of Texas, and being approximately 9.9 acres of land in two tracts out of Lot 6, Block 285. 5.1 acres of land is located on the west side of I-35E beginn- ing 375' east of Denton State School Road, has approximately 200' of I-35E frontage and is 600 feet deep; 4.8 acres of land is located on the west side of I-35E beginning 1500' east of Denton State School Road, has 550' of I-35E frontage and is 600' deep. SECTION II. That the City Council of the City of Denton, Texas hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character of the district and for its peculiar uuitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appro- priate uses of land for the maximum benefit to the City of Denton, Te.,.as, and its citizens. SECTION III. TL.,*. this ordinance shall be in full force and effect immediately after its passage and approval, the r:quired public hearings having heretofore been held by the Planning ane Zoning Comr*_ission and the City Council of the City of Denton, Texas, af•:er giving due notice thereof. 1 PASSED and APPROVED This the 19th day of December, A. D. 1978. all, Jg MITCHELL; MAYOR CSI Y OF DENTON, TEXAS ATTEST-7 i /lam R S HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: PAUL ~IS~,- CITY ATTORNEY CITY OF DENTON, TEXAS 1 ~ w ~ r`~: 'y~1 C`5 ~ ~ ~ J y~~ ~ J IL STATE OF TEXAS X COUNTY OF DALLAS X RELEASE OF BOND WHEREAS, Lone Star Gas Company, A Division of ENSERCH Corporation, placed into effect a change of rates pura'uant to Section 43(e) of Article 1446c, Revised Civil Statutes of Texas, under bond, the terms and conditions of which were established by the City Council of the City of Denton, Texas; and, WHEREAS, Lone Star Gas Company as Principal has faithfully conformed to and abided by the provisions of Section 43(e) of Article 1446c and has incurred no obligation to refund or credit the amount collected from residential and commercial consumers during the suspension period; NOW THEREFORE, the obligation to provide a bond is hereby declared to be null and void, and bond Previously executed by Lone Star Gas Company, a Division of ENSERCH Corporation, as Principal, and the Insurance Company of the State of Pennsylvania, as Surety, are hereby released jointly and severally by the City of Denton, Texas, of the obligation in the amount of three hundred thirty thcusand dollars ($330,000.00), payable to the City of Denton, Texas, for Lhe use and benefit of any party to receive a refund or credit against future gas bills as provided by Section 431e) of Article 3446c, Revised Civil Statutes of Texas. IN WITNESS WHEREOF we affix our signature on *.his the L$•!~day of -Pev,_•__, 19~~. C ty o Denton, Teas I. i r Lone Star Gas Company DIYISION Of f)ISTRIIUTION LESTER A. HORSTMANN 319 West C.jak Street District Manager Denton, Texas 76202 December 14, 1978 Mr. Chris Hartung City Manager f City of Denton Municipal Building Denton, Texas 76201 Dear Mr. Hartung: On November 15, 1978, Lone Star Cas Company placed the rates proposed in its Statement of Intent to change rates into effect under bond approved by the City Council of t,e City of Denton. These rates have not been billed, due to the fact hat the rates were effective with consumption on November 15, 1978. I Since the City Council of ttr:. City of Denton passed Ordinance f78-75 on December 12, 1978, said rates to be effective with consumption from that date, Lone Star would propose that rather than billing on the rates under bond on December 15, 1978, the Company would bill the rates ;Atablished by Ordinance of the City Council of the City of Denton. Lone Star is suggesting, this procedure in order that the customers ef- fected by the rate change will receive lower gas bills during the pe^iod of December 15 through January 15 than they would receive under the iionded rates. Also, this would avoid complications caneed by posting future credits to the bills of the customers for billing purposes effective January 15, 1979. Lone Star believes that this procedure will be to ttie benefit of the consumer and to the Compriy and would result in no change in the amount of revenue received by the Company. Should this propcaal meet with your approval, please so indicate below. j~ ~ titcr<< r ,e ter A. Iiorstmenn Accepted Mae than 6,000 friendly poople working fopefher to serve our eommunitler baiter r y' . M 7 Xnogrrro:) 2oO WO on4J VOi IUffi9TV3 10'-1C d! V'4 SL7;'. Cl .~CIn9'] "1',iL'f+fi!•. ,rJ¢: ~I C~ Ilo -j -fI 7RSu ,•,t ry1!:~j .;3JF1 7 lvrY n0±r. :LrlIgB _ 10 1D i, Jr 'iSi32 r rrJJJ~i,~rf~.~ If ]1'~ <7D'_JDi•,'1 iilf Ir,! of 1L:b 1911 Z r ;d . "c y,17 llc.irrdJ lt)1 J sdJ »r112 t "3') I: J3: <fyQ,..,r.? ]'J !~J tS 1}~ , IC7 r.I r,F .(:}k'1 ,SI Y0~7:y99(1 •]o Jffi1 r 1FY 9111 rn ~'i3tlt :I I rr. ",,Jr -:I :vf45 `J a(rl •j Ow "1817 9,70A ,9J'A 1,J :,=.)fSC Jf-9 g'_JL7 r!~:! I1t 1".t 1G9 jA( no blicJ .r_Jn-. ~u 't;r f3. rl'JJ~Q)~-) ]J 1~ ..3 ea~rF r.!f!;p LO)Yrrj J_ ~+9 FJ!iP(I ii: .V} riY ~ r.,.. ;.;i, 1 ~ ~ :il: ~}0 .,:rli )r: i.„ I l 9V t193j}S P BCQ YL!I '•r!LI ']oY F7:'1. 'Gt F:.7 E~ - 1fJ 211,1.7 ''rfJ OJ J1 t+SY.: t4.0 JJ 19,-.r"1 Uii! OJ ?4r ilt'.✓' "'l U~,'_!:i :'YC a,t11J Jc..fJ P.h V9.f .f ".•'f 1.h~.' ;YI!pt t(I IfOr•,1 ' 1f 5 !Ll :j irifn OI1 f ;t r:,:.9Y lalll V'a G17A t(rlb0i l0~J Lod 0J } mi 7:i r,!O. . VlT67irrt' J 01 _I Vli L9 VZ0 -t i'Ufi lv','1 ~i 0 HO to (1 b1i1011.!Tt opi ._..'i.1 (1 ii.:ara~ lIi' J1:. J9^IIT jr', p. or, U7i; 1.1'(~I r. on JN a/ n i r ' r ' , 7 S s AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY Of DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 5TH DAY OF DECEMBER, A.D. 1978. R E S O L U T I O N fa', WHEREAS, cetiain citizens and organisations in the community, 7 which include the League of Women Voters and the Citizens Landfill ' Site Selecti-.n Coranittee, support the development of a program for resource recovery in the City of Denton, Texas; and WHEREAS, the City Council of the City of Denton, Texas has determined that Fesource Recovery may offer a long range solution to the solid waste problem in Denton; and WHEREAS, the City Council has determined that funds are available from the United States Environmental Protection Agel:cy to finance 75% of the cost of conducting a feasibility study for a Resource Recovery Project; NOW THEREFORE, BE IT RESOLVED THAT THE CITY MANAGER OF THE CITY OF ^ENTON, TEXAS: Is hereby authorized to submit an application to the United States Environmental Protection Agency for funding under the Resource Conservation and Recovery Act of 1976 to conduct a feasi- bility analysis of Resource Recovery for the City of Denton. PASSED AND APPROVED this the 5th da of December, A.D. 1978. J MITCHELL, MAYOR Y OF DENTON, TEXAS ATTEST: BROOKS HOLT, CITY SECRETARY CITY OF DFNTON, TEXAS APPROVED AS TO LEGAL FORM: PAUL C. ISHA1i, CITY ATTORNEY CITY OF DENTON$ TEXAS: r-- -v ~ i ww ai. NO. AN ORDINANCE FIXING AND DETERMINING THE GENERAL SERVICE RATE. TO BE CHARGED FOR SALES OF NATURAL GAS TO i.ESIDENTIAL AND COMMERCIAL CON- SUMERS WITHIN THE CITY LIMITS OF DENTON, DENTON COUNTY, `T'EXAS, AND PROVIDING FOR THE MANNER IN WHICH SUCH RATE MAY BE CHANGED, ADJUSTED AND AMENDED, AND DECLARING AN EFFECTIVE DATE; AND PROVIDING FOR A SCHEDULE OF SERVICE CHARGES. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. Effective with the first gas bills rendered from and after thirty (30) days from the date of final approval of this ordinance, the maximum general service rate for sales of natural gas rendered to residential and commercial consumers within the City Limits of Denton by Lone Star Gas Company, a Division of Enserch Corporation, a Texas Corporation, its successors and assigns is hereby fixed and determined as follows: First 1,000 cu.ft. at $4.00 per MCP Over 1,000 cu.ft. at $2.5484 per MCF. Monthly minimum bill is $4.00 or, the service period is less than 28 days, the monthly minimum bill is $.1429 times the number of days service. Bills are due an•3 payable when rendered and munt be paid within fifteen (15) days front monthly billing date. SECTION II. The residential and commercial rates set forth above shall be aejusted upward or downward from i base of $1.7636 per MCF by a Gas Cost Adjustment Fa:tor expressed as an L.nount per thousand cubic feet (MCF) of natural gas for changes in the intracompany city gate rate charge as authorized by the Railroad Commission of Texas or other regulatory body having jurisdiction for gas delivered to the Denton distribution system, ac:cgpding to Item A, in the Attachment hereto which is incorporated herein. SECTION III. Company shall also receive tax adjustments according to Item B, in the Attachment hereto which is incorporated herein. SECTION IV. In addition to tLe aforesaid rates, Company shall have the right to collect such reasonable charges as are necessary to conduct its business and to carry out its reasonable rules and regulations in effect, as set forth in Item C, in Attachment hereto) which is incor- porated herein. SECTION V. The above rate is applicable to each residential and commercial consumer ser meter per month or for any part of a month for which gas is used at the same 1=_tion. Any additional charges not enumerated above, may be initiated by the Company only if prior approval by the City Council is given and an order is filed to that effect. Adiitionally, the rules and regulations of the Company shall be on file with the City Secretary. SECTION VI. The rates set forth in Section I may be changed and amended by either the City or Company furnishing gas in the manner provided by law. Service hereunder is subject to the orders of regulatory bodies having jurisdiction, and to the Company's Rules and Regulations, and to the Ordinances of the City of Denton, Texas. SECTION VII. All ordinances herdtofore passed by tho City of Denton, estab- lishing rates and charges for sale of natured gas to residential and commercial consumers are hereby repealed effective with the estab- lishment of the rates authorized in Section i above. SECTION VIII. Nothing in this ordinance contained shall be construed now or hereafter as limited or modifying in any manner the right and power oi the City under the law to regulate the rates and charges of Lone Star Gas Company. SECTION IX. It is hereby officially found and determined that the meeting at which this ordinance is passed is open to the public as required by law aid that public notice of the time, place and purpose of said meeting was given as required by Article 6252-17, Vernon's Annotated Civil Statutes. -2- 9 PASSED AND APPROVED this the 12th day of December, A. D. 1978. J AE ELL, MAYOR TY OF DENTON, TEXAS ATTEST. A094-* KS HOLT, CITY SECRETARY 400 CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: PAUL C. IS 9, CITY ATTORNEY CITY OF DENTON, TEXAS I -3- ATTACHMENT TO ORDINANCE NO. CITY OF DENTON, TEXAS LONE STAR GAS COMPANY TARIFFS & SCHEDULES ITEM A. GAS COST ADJUSTMENT Each monthly bill at the above rate shall be adjusted for gas cost As follows: (1) The city gate rate increase or decrease applicai,le to cur- rent billing month residential and commercial saves shall be estimated to the nearest $0.0001 per Mcf based upon: (a) A volume factor of 1.05307 determined for the dis- tribution system as the ratio of Mcf purchased divided by the Mcf sold for the 12 month period ended June 30, 1977. (b) The city gate rate estimated to be applicable to volumes purchased during the current calendar month, expressed to the nearest $0.0001 per Mcf, and cal- culated pursuant to the Order in Gas Utilities Docket No. 683 of the Railroad Commission of Texas (shown below as "RE"). (c) The base rate of gas set out in Section II, i.e. $1.7636. (2) Correction of the estimated adjustment determined by Item A (1) above shall be included as part of the adjustment for the second following billing month. fhe correcting factor (shown below as "C") stall be expressed to the nearest $0.0001 per Mcf based upon: (a) The corrected adjustment amount based upon the actual city gate rate, less (b) The estimated adjustment amount billed under Item A (1) above, divided by (c) Distribution system residential and commercial sales Mcf recorded on the Company's Books during the prior year for the month that the correction is included as part of the adjustment. (3) The adjustment determined by Item A (1) and Item A (2) above shall be multiplied by a tax factor of 1,04163 to include street and alley rental and state occupation tax due to in- creasing Company revenues under this gas cost adjustment provision. In summary, the gas cost adjustment (GCA) shall be determined to the nearest $0.0001 per Mcf by Item A (1), Item A (2), and .tem A (3) as follows: GCA = (Item A (1) = Item A (2)) X Item A (3) GCA = ((1.05037) (Re - $1.7636) + C) X 1.04163 • it . ITEM B. TAX ADJUSTMENT The tax adjustment shall be an amount equivalent to the propor- tionate part of any new tax, or increased tax, or any other govern- mental imposition, rental, fee or charge (except state, county, city, and special district ad valorem taxes and taxes on net income) levied, assessed or imposed subsequent to January 1, 1978, upon or allocable to the Company's distribution operations, by any new or amended law, ordinance or contract. ITEM C. SCHEDULE OF SERVICE CHARGES (1) Reconnect Charge In addition to the charges and rates set out above, :he Com- pany shall charge and collect the sum of $20.00 as a reconnect charge for each reconnection or reinauguration of gas service, where service has been discontinued at the same premises for any reason, with the following exceptions: (a) For a builder who uses gas temporarily during construction or for display purposes; (b) For the first occupant of the premises; (c) Whenever gas service has been temporarily interrupted because of system outage, service work or appliance installation done by Company; or (d) For any reason deemed necessary for Company operations. (2) Appliance, Gas Light, and Air Conditioning Service Charges APPLIANCE SERVICE CHARGES SCHEDULE HOURLY CHARGE 8:00 A.M. to 5:00 P.M. Monday through Friday $16.00 5:00 P.M. to 8:00 A.M. Monday through Friday $24.00 Saturdays, Sundays and olidays $24.00 An additional charge of $11.00 added to the above charges when a second employee (helper) is required. Time in excess of one hour prorated in 15 minute increments, as follows: STANDARD NON-STANDARD INCREMENTS WORKING HOURS WORKING HOURS 35 minutes $ 4.00 $ 6.00 30 minutes $ 8.00 $12.00 45 minutes $12.00 $18.00 60 minutes $16.00 $24.00 Standard working hours defined as 8:0t; A.M. to 5:00 P.M. Monday through Friday except holidays. All new company sold grills serviced free of charge for ninety (90) days, during standard working hours. ATTACHMEriT - PAGE TWO ' r GAS LIGHT SERVICE 1 SERVICE C'IARGE Clean and replace mantles $5.00 Painting (black & white) and/or replacing glass panes $4.00 All new company sold gas lights serviced free of charge for ninety (90) days, during standard working hours. AIR CONDITIONING SERVICE SCHEDULE HOURLY CHARGE Any hour Sunday through Satruday & Holidays $20.00 Time in excess of one hour prorated in 15 minute increments, as follows: INCREMENTS ALL HOURS 15 minutes $ 5.00 30 minutes $10.00 45 minutes $15.00 60 minutes $20.00 All new company-sold air conditioning units serviced free of charge for one (1) year from date of installation. No additional charge for second employee (halpar). Labor charges in excess of factory allowances for warranty replacement and repair will be passed on to the customer. (3) Charges for Replacing Yard Lines ITEM OR SERVICE CHARGE / Basic Service charge for all replacement work - $30.00 Pre-bent Riser with Support Post - $16.00 Non-corrodible Pre-bent Riser - $11.00 Stopcock - $ 4.25 Ditch, replace 1 1/4 inch (or smaller) pipe, and obtain city inspection - $ 1.45 per foot Remove grass, ditch, replace 1 1/4 inch (or smaller) pipe, obtain city inspection, and replace grass - $ 1.75 per foot Insert 1 1/4 inch (or smaller) Polyethylene pipe in existing service line - $ 1.35 per foot Special trip to perform yardline work at customers request and work cannot be scheduled for Company convenience - $30.00 ac.uitional Work performed on overtime basis at customers request - $46.50 per hour Disconnecting or reconnecting customer yard line at main when yard line is replaced by other contractors - $30.00 A firm price quotation will be made on the basis of labor, material, and other costs for replacing yard lines larger than 1 1/4 inch in size. l/ Computed at one-fourth the hourly rate for each 15 minute period or fraction thereof. The same work performed on a call-out basis will be charged at the overtime rate with a two hour mininum charge. ATTACHMENT - PAGE THREE r (4) Main Line Extension Rate (Residential) The charge for extending mains beyond the free limit established by Lone Star Gas, or any free limit established by city franchise is $4.50 per foot except for large com- mercial and industrial consumers w;iich are handled on an actual cost per foot basis. (5) Returned Check Charges A returned check handling charge of $3.00 is made for each check returned to the Company for reasons of non-sufficient funds, account closed, payment withheld, invalid signature, or improper preparation. ATTACHMENT - PAGE FOUR Y A \ ~j 1 i ti ~d t !V- v1 `t T s., r , 1 NO. Pte'/ AN ORDINANCE PROHIBITING PARKING ON THE EAST SIDE OF LOCUS'. STREET FROM PEACH STREET TO FM 2164; AND PROHIBITING PARKING ON T.,E WEST SIDE OF BELL AVENUE FROM SHERMAN DRIVE TO UNIVERSITY DRIVE FROM. 7:00 A.M. TO 7:00 P.M.; PROVIDING A SEVERABII,ITY CLAUSE; PROVIDING A PENALTY AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF D?-NTON, TEXAS, HEREBY ORDAINS: SECTION I. (1) That parking on the east side of Locust Street from Peach Street to FM 2164 shall not be used for the parking of vehicles or in any manner obstructed at any time, and the Tame shall be so posted by the proper authorities of the City of Denton, Texas. (2) That the west side of bell Avenue from Sherman Drive •.o University Drive shall not be used for the parking of vehicles or in any manner obstructed at any time between the hours of 7:00 A.M. to 7:00 P.M., and the same shall be so posted by the proper auth- orities of the City of Denton, Texas. SECTION II. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect tYs validity of the remaining portions of this ordinance, and the Aty Council of the. City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION III. That Section 1-5 of the Code of Ordinances of the City of Denison is incorporated into the ordinance as if set out in full herein, and the penalty by fine not to exceed Two Hundred Dollars is applicable hereto, and it is hereby declared unlawful to park any vehicle on any pvrtion of the above described streets as is posted or marked as a "No Parking Zone". SECTION IV. That this ordinance shall become effective fourteen days from • the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the r r 4 Denton Rtaord-Chronicle, the official newspaper of the City of Denton, texas, within ten (10) days of the date of its passage. PASSED AND APPROVED This the Sth day of December, 1978. ate..,20,4&e.~o JO ITCHELL, VAYOR C Y OF DENTON, TEXAS ATTEST: OOKS FOLT, CITY SECRETARY CITY OF DENTON, TEXAS ;.PPROVEJ AS TO LEGAL FORM: 4A;UgLC&.IS--RLAQMvCIeTY ATTORNEY CITY OF DENTON, TEXAS t I ~ ~ 4~ . ~a ~~~f ~ v . y I 1 i Jaok Balton y vJ ;I NO. 706- AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, { AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF TAE CITY OF DENTON, TEXAS, BY ORDINANCd, NO. 69-11 AND A^ SAID MAP APPLIES TO LOTS 10, 11, 12, BLOCK NO. 417, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PAR- TICULARLY DESCRYBED THEREIN; AND DECLARING AN EFFECTIVE DATE. «•''J THE COON..^IL OF WE CITY OF DENTON, TEXAS, HEREBY ORDAINS: 'b SECTION I. "fl T;iat the Zoning Map of the City of Denton,. Texas, adopted the 14th day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas, under provisions of Ordinance No. 69-11 be, and the same is hereby amended as follows: All the hereinafter described property is hereby removed from the Single-Family "SF-7" District as shown on sad Zoning Ma ~ p, and all provisions of Ordinance No. 69-1 adopted the 14th day of January, 1969, as amended, ai:«ll hereafter apply to said property as Multi-Family '%F-l" ,y District in the same manner as other property located in ?A the Multi-Family "MF-1" District; All that certain lot, tract or parcel of land lying and an being situated in the City and County of Denton, State ?tic, of Texas, and being Lots 10, 11 and 12 of Bloe:k No. 4170 and being approximately one acre of land located at the northwest corner of Sherman Drive and North Elm Street in the City of Denton, Texan. " SECTION II. ry ! That the City Council of the City of Denton, Texas hereby ' I finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, T6X,18, and with reasonable consideration, among other things for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the "r buildings, protecting human lives, and encouraging the most appro- priate uses of land fo: the maximum benefit to the City of Denton, Texas, and its citizens. ro SECTION III. l That this ordinance shall be in full force and effect immedi- ately after its passage and approval, the required public hearings having heretofore been held by the Planning and Zoning Commission!? and the City Council of the City of Denton, Texas, after giving due notice thereof. PASSED and APPROVED This the 5th day of December, A. D. 1978. ~a;Y'rti' J MITCH L, MAYOR 4x CITY OF DENTON, TEXAS ATTEST.* 11 S CLT, CITY S R U7 CITi OF DEN',1ON, TEXAS . APPROVED AS TO LEGAL FORMS PAUL C- ISHAM4 CITY ATTORNEY CITY OF DFNTON, TEXAS cf1 C,- Tse AM 7 •r NO. AN ORDINANCE OF THE CITY 02 DENTON, TEXAS, AMENDING CHAPTER 15 "PARKS AND RECREATION" BY ADDING A NEW SECTION 15-10 PROHIBITING POSSESSION OR CONSUMPTION OF ALCOHOLIC BEVERAGES WITHIN 100 FEET OF A PLAYING FIELD; DESIGNATING THE POSTING OF SIGNS; CALLING FOR ENFORCEMENT; DECLARING A PENALTY; PROVIDING A SEVERABILITY CLAUSE AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HERFBY ORDAINS: SECTION I. Than Chapter 15 "Parks and Recreation" is hereby amended by ' adding a new Section 15-10 "Possession and Consumption of Alcohol Prohil)ited" which hereafter shall read as follows: "Section 15-10. POSSESSION AND CONSUMPTION OF ALCOHOL PROHIBITED (1) Within the limits of any public park within the City of Denton, it shall be unlawful for any person or persons to possess o: consume any alcoholic beverage within 100 feet of any portion of any playing field except if such possession or consumptiv« is inside a motor vehicle located upon a designated parking aree.. Playing field is hereby defined as a marked field area or thG enclosure surround9.ng or setting apart a designated field area, including but not limited to a fence, for the purpose of conducting or engaging in an athletic game or activity. Such activities would include but not be livit'd to football, baseball, softball, soccer, rugby, ` lacrosse, field hockey, tennis and basketball. (2). Thi Director of Parks and Recreation shall cause signs to bo erected at the playing fields within the various public parks notifying the public of the provisions of this ordinance. (3) The Director of Parks and Recreation, Parks Attendants designated by the Director, and the Police Department, shall, in connection with their duties imposed by law, diligently enforce the Lbo rovisions of this ordinance, and they shall have the authority to from the park any person acting in violation of this ordinance. SECTION II. Any person who violates any provision of this ordinance shall emed gu ilty of a misdemeanor, and, upon conviction, shall be 1 punished by a fine not to exceed Two Hundred Dollars ($200.00). Each day such a violatiop shall continue or be permitted, shall be treated as a separate offense. SECTION III. That if any section, suijsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have 3nacted such remaining portions despite any such invalidity. SECTION IV. That this ordinance shall become effective fourteen days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the officia:. newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED This the 5th day of December, 1978. MITCHELL, MAYOR FTY OF DENTON, TEXAS ATTEST: lgz~'~e e B RS HOLT, CITY SECRETARY CITY OF DENTOal TEXAS APPROVED Aso TO LEGAL FORM: L6Z~~~ PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS PARTICIPATION AGREEMENT THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON X THAT WHEREAS, ANDREW CORPORATION is the developer of certain property shown on the attached plat, which plat is incorporated herein as if set forth in full, in the City of Denton, Denton County, Texas, and desires to serve such property with offsite water facilities; and WHEREAS, the City of Denton desires that such offsite water facilities be oversized and the City will participat3 to the addi- tional cost of the oversized facilities pursuant to the provisions of Section 25-79 of the Code of Ordinances of the City of Denton, Texas; NOW, THEREFORE, THIS AGREEMENT, made this the 5th day of December, 1978, by and between ANDREW CORPORATION, hereinafter called "Developer", and the City of Denton, Texas, a Home Rule Municipal Corporation of the State o' Texas, hereinafter called "City"; WITNESSETH: 1. The Developer will install, by contract or otherwise, water lines and appurtenances to serve the property described on the attached plat in accordance with all City of Denton ordinances, rules, regulations, policies and procedures. The said water facilities shall be located as shown on the attached maps vlhich are made a part hereof for all intents and purposes. 2. The City's share of *,he estimated cost of said water main facilities is $18,007.00. Upon completion of construction and acceptance by the City of said water main facilities, the actual cost of the City's participation in said facilities shail be deter- mined and certified to by the Director of Uttlities and his certi- ficate setting out the City's cost of said facilities shall be attached hereto and made a part hereof. ~ w 3. The City shall pay for its share of the facilities with- in thirty (30) days from the date of acceptance of the facilities, or under such terms and conditions that are mutually acceptable to the parties. 4. Title to said water main facilities is hereby and shall at all times be vested in the City. 5. The Developer shall and does hereby agree to indemnify and hold harmless the City from any and all damages, loss or lia- bility of any kind, whatsoever, by reason of injury to property or third person occasioned by any act or omission, neaiect or wrong- doing of Developer, its officers, agents, employees, invitees, con- tractors or other persons with regard to the performance of this contract, and Developer will, at its own cast and expense, defend and protect against any and all such claims and demands. IN WITUESS WHEREOF, this instrument is executed in triplicate originals this 5th day of December, 1978. CITY OF DENTON, TEXAS • BY: ATTEST: S OLT, CITY SECRETARY CITY OF DENTON, TEXAS ANDREW CORPORATION, DEVLLOPER BY : ATTEST: . ~ i ' _f K13$ THE STATE, OF TEXAS $ KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON DEED RECORDI i V,'L nIAT CHARLCIE H. TOWNSON LOGAN of Denton County, Texas in consideration of the bum of 38 14.41 ► One Dollar ($1.00)---------- and other good and valuable consideration in hand paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by these presents grant, bargain, sell and convey unto to the City of Denton, 'texas , the free and uninterrupted use, liberty and privilege of the passage in, along, upon and acrr,, the following described property, owned by him . Situated in Denton County, Texas, in the W. TEAGUE Survey, Abstract No. 1266 i h All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the W. Teague Survey, Abstract No. 1266 and being Dart of Lot 6, Block B of the Shady Oaks Industrial Park, an addition to the City and L,,,nt3 of Denton, State of Texas, and also being part of a tract of land as conveyed from First Texas Savings Association of Dallas to Charlcie H. Townson Logan by deed dated May 12, 1977 and recorded in Volume 834, Page 831 of the Deed Re- cords oi Denton County, Texas, and more particularly described as follows: COMMENCING at the southwest corner of Lot 6, Block B of said addition: THENCE south 86° 51' 10" east along the south boundary line of said lot a distance of 604.58 feet to the point of beginning; THENCE north 3° 08' 50" east a distance of 16 feet to a point for a corner; THENCE south 86° 51' 10" east 16 feet north of and parallel to the south boundary line of said Lot 6, a distance of 308.807 feet to a point for a corner; THENCE north 71° 51' 30" east 8 feet north of and parallel to the south boundary line of said Lot 6 a distance of 126.562 feet to a point for a corner; THENCE south 18° 08' 30" exist a distance of 8 feet to a point for a corner in the south boundary line of said Lot 6 same being the northeast corner of tract conveyed by Charlcie H. Townson Logan to Sam Willis and wife, Elsie Willis by deed dated November 7, 1977 and recorded in Volume 862, Page 351 of the Deed Records of Denton County, Texa ; THENCE south 713 51' 30" west along the south boundary line of said lot 6 same being the north boundary line of the Willis tract a distance of 150.1 feet to a point for a corner, same being the northwest corner of Lot 4, Block B and the northeast corner of Lot 3, Block B of said addition; THENCE north 85° 51' 10" west along the south boundary line of said Lot 6 same being the north boundary line of Lot. 3, Block B a distance of 289.78 feet to the place of beginning and containing 5895.35 square feet of land, more or less. And It Is further rgret.t that the aald City of Denton, Texas in consideration of the benefits above set out, will remove from the proper ty above described, such fences, buildings and othPx obstructions as may now be found upon said property. Ferthepurposeof cunatruct£ng, install Ing,repairing and perpetually maintaining public utilities in, along, upon and across said premises, wit% the right and privilege at bll times of the grantee herein, his or its agents, employees, workmen and representatives having ingress, egress, and regress in, along upon and across said premittsffes for the purpose of making ad AIlons to, improvements on and repairs to the 'all ~inylpartuthereoTes, or TO ITAVE AND TO ROT.D untu the sari city nr ricntC11, 1'4 ab aforo,nA for q i the purposes aforcWl th:, premiss above d scr; ' Z Witness my hand tt is the I I ct~y of vembet „S 1 19 78 t.HARTf'i~ ;are I 1 ~~w ! ,7\ j: i SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORr ME, the undersigned a.ithority, COUNTY OF DENTON in and `f ritid Coyrtty, Texas, on this day per"orally a,,,ieared CHARLCIE_H TOWNSON_-_LOGAN__-___-__ _ - - - - - - - - - kngvn_to e e tf4o person ..whose name is subscribed to the 'bregomg instrument, and acknowledged .o tae ,\`aiecu!* tie same for the purposes and consideration therein er pressed. .,~~~kC1 rvL) 4 v " C1YLh~fJNPE;RAIY HAND AND SEAL OF OFFICE, This 19" . day of .:N+wembP[__. , A.D, 2978._ G C•'; _ 1' OF pC~~,.• Notary Public, Det2 s0(1 County, Texas rC .a No ~-"r, - .a~ mission Expt SINGLE ACKNOIVLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned authorit,-, COUNTY OF....._......._.._ and for said Coanty, Texas, on this day personally appeared _ known to me to be the person _ -whose name _ subscribed to the foregoing instrument, and acknowledged to me that...- he executed the same for the purposes ;lad consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This_ day A.'). 19 L.S. ) - - - - - Notary Pu>`r-, County, Texas Niv romnisefon Expires June 1, 19 _ CMARAT10N ACKNOIVLEDGRIENT THE STATF OF TEXAS, I BEFORE ME, the undersignel e.uthority, COUNTY OF f In and for said County, Texas, on this day personally appeared wd_ known to me to be the person and officer whose name is subscribed to the foregoing i .mtrument and icknoedgee/ to me that the snmv, was the act of the said a corporation, and that he executed the same as the act of such corporution for the p-,rpo,es and coneWcration thercln expressed, and 'n the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of _ , A,D. 19 ( L,S.) Notary Public, . -County, Texas _ My Commission Expires June 1, 19........ CLERK'S CERTIFICATE THE STATE OF TEXAS, IFTE .F.TEXAS COUNTY-OF DEMON County COUNTY OF. CD1Nrr Cl[RM D.-ton County, texas Clerk of the County Court of said County, do hereby certl 0t 466t ~he'hforsgamY e1N6trtx' tfi~f t4iriting dated on the day of A. DM end 6m w'i}~ t~ Nrti f lf9 WA611141A Unn, was filed for ...~loa l Cl }t A, p g tt 19d rained rp,oi record In my office on the day oL ll. :f qA.'A. 919 ,,~t, flacon ~f'I}3ck M., i,nd duly recorded this -....day of pLC rj7f,8.. _ o'clock _ M., in the Record acounty, in Vol me_ on pages WIT NESS MY HAND AND SEAL OF TAE COUNTY ID c _ the day and above w lc t Y1~ 'i~ti Count %ppq~ygg CIiBN, Dorton Countg, i . y"C,lNfR _ ...County, Texas. (L. S.) By___ _ Deputy. - I II T J I~ i Y h lAj V r V, ~]rpM pp r _t P4 0 14, ro ON o I CIO yq ~.I I,l I t vW c IVOL v frr b ~I a o i I .a THE STATE OF T3k4S X v RELEASE 6 SATISFACTIUr OF LIEN j • C OF DENTON A C r I D R EC06,1M By an instrument dated the 1st _ day of may 19 78 the City of Denton, Texas, filed for record in the office of the County Clerk,Dento+i County, Texas, a lien against certain real property owned, controlled, or possessed by Curtis Dori Miller and describes; as follows: ADDRESS: 314 Wye 37594 LEGAL DESCRIPTION: A. Hill Surv. #623; Ist 66' Avg. x 92' Avg. W from Cook St. .140 S.W. Cornet Wye and Cook St. Notice of said lien was filed in the office of the County Clerk of Denton County, Texas and entere9 in Volume 888 Page 903 of the Lien Records of Denton Couuty, Texas. This lien has been fully satisfied, released, and Jischarged. Therefore, the City of Denton hereby relinquishes the lian, and the C"unty Clerk is hereby authorized and instructed to record this relinquishment and satisfaction as provided by law. Signed this '.:he day of 19 'Ar CITY OF ENT Z_XAS BY: lop- BEFORE ME, the undersigned authority, in and °r s id County, Texas, on this day personally appeared Qot ~Q... wad , known to me to be the person anti officer Aooe name is subscribed to the foregoing instrument and acknowleJged to me that the same was the act of the slid the City of Denton, and that he executed the as as the a of the Cit of Denton for the purposes acid considers- t1r,- therein ex ressed, and in the capacity therein stated. GIVEN UNDER MY BAND AND ~CE, This day of ia.,.. w.~ A.D. 19 Y. Notary Public, County, Texas oar„isggn Expires 19_ n~. ~a'' OEN10N~~~. (L40pl e. ~a J f, a n4:11 Y 7.4 R ~ ~L/JI~sI V • r1 C,~ THE STATE OF TFXAS RELEASE b SATISFi,CTION OF LIEN LINTY OF DENTON I \J By an instrument dated the 7th day of July 19 78 ,,th8 Ci y of D-:-.ton, Texas, filed for record in the office of the County Clerk,Denton-County, T.axas, a lien against certain rer,l property owned, controlled, or possessed by James Morrj, and described as follows: ADDRESS: 805 Bushey 37595 LEGAL, DESCRIPTION: S. C. Hiram Surv. Abst. 1x616; 105.6 x 330.5 and 50 x 175.5 Notice of said lien was filed in the office of the Ccinty Clerk of Denton County, Texas and entered Li Volume _89q- Paze 6ss of the Lien Pecords of Denton County, Texas. This lien has been fully satisfied, released, and discharged. ThereFore, the City of Denton hereby relinquishes the lien, and the County Clerk is hereby authorized and instructed to record this relinquishment and satisfaction as provided by 1:^a. Signed this the //m day of _44 ? 192P• CITY OF DEN V17 S BY: BEFORE ME, the undersigned authoriL~, in and for said ~County, Texas, on thi; day perronally appeared known to me to be the person and officg whose namz 1.3 subscri~~bed to the foregoing instrument and acknowledged to me that the same was the act of the said a~ the City of Denton, and that he executed the sa.. as the ac of the City o Denton for the purposes and considera- tion therein expressed, and in the capacity therein stated. GIVEN UNDER M fAND AND LiOF OFFICE, 'Chip _.&Zday of /[cJi rPiH. ~y tom! A.D. 19_1Z. "-Lary Public, County, Texas . Co y Expires .i19--ZL. DEfftC~' 11 011) _ E 777 4le 11 -4- ~J p'9 F fA 7 aTATE OF TEXAS TV , RELEASE 6 SATISFACTION OF LIEN ; C 1NIN OF DENTON ] ry 0 ~~r~n R,-~JStiW C By an instrument dated the 2s t day of _,.T,n _ , 19_Z&_,. the eit of Denton, Texas, fiic;i for record in the office of the County Clerk, Denton' Count Texas, a lien against certain real property owned, controlled, or possessed by,. Qtjs L. Davis and described as follows: i ADDRESS: 602 Avenue S 937596 LEGAL DESCRIPTION: 50 x 150 ft. Tr. I-A; A. Hill Surv. 11623, 514 Ave. S Notice of said lien was filed in the office of the County Clerk of Denton County, Texas and entered in Volume 896 Page 857 of the Lien Records of Denton County, Texas. This lien has been fully satisfied, released, and discharged. Therefore, the City of Denton hereby relinquishes the lien, and the County Clerk is hereby authorized and instructed to record this relinquishment and satisfaction as proviicd by law. Signed this the day of 19~. CITY OF DEN 0 F; S BY: BEFORE ME, the undersigned authorityy+, in and for said Count , 'texas, on this day personally appeared `I, 2~ 2 , known to r.e to be Lhe person and ofiict.`whose name is subscrib d to the foregoing inst ument and ackno edged to me that the same was the act of the said 44Ae the City of Denton, and that he executed the sale as the ac of the City o Denton for the purposes and considera- tion therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND P~EQL~Ue{~~FrFICE, This 1~day ofd A.D. .19?~. Notary Public, County, Texas f COMMM h Expires 0~r~ ?1 , 19 71 10 k~ r 96 r.. t610 i BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared "e _1 known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Denton, and that he executed the same as the act of the City of Denton for the purposes and consideration therein expressed, and in the cqacity therein stated. GIVEN UNDER MY HF~,j AND SEAL OF OFFICE, This day of s Notary Public, County, Texas My Commission Expires 1i _i• A Y ~ )F ~ , 19 _ 's w y r Of DEMO' ^ STATE OF TE"45 C1' TY CF OPrTOM i ho ! I I 1 n the ' C'; j 03 ol ~rY LI I ..f.,r1Y. Torsi ~i ,(V7 ~,'GE ~€3S THI; 12i;.LI;,~1S1: & ;;ATJST`ACY.IU I OI' LIEN COUNTY J:' ) ENTON X DEED RE'CMDO By an .instrtun_ t dated the: 23rd day o May1978the City of llnr-ton, To}-zs, fi.lccl for record in the office of the County (Clerk, De:ztorl County, Texts, a lien against C(--rta.in roal prop rty ownucl, controlled, or posses;_;e(I ))y John Conwa and descr l-cl as follows: 3'738 AUDr~.I,~ s L"GAI, PESCRXPTION: BBB & CRR 185, Lot 7, B",. E, College View Addn. Notice of said )ice I,',IS filed ill the office of the County Clerk of ncnton County, TCXa!; aiLd elltel'ed ill Vulumo ^892 , Paye 710 of the Lice Records of Denton County, Texas. Th.i.s Lien has I,eern fully sat..islSecl, rcloased, and discharged. Thercrore, the, City of Dcult.on hcrc4y rcl.inqui.;.hcs the an-•l the County Clcrl: 5s; Ilcrc:Dy iuLhoi.Jzcd and ins;tructrd to rocorl this rc:.l.inquislivent. and s;at1'."f c.t-AOil a:; provi.dcd by law. Strl d this: the _ 7th clay of ____December 19 78 j . r9gY ' CITY OP D)~:NT N TE}41 BY SS'_+CP,N TO AND SUDI,CIZLBED W,;FOTU; IUi, under lay o fici#".Y~WJ Zrui this the 7th day of December , 19 78 Y NO N TnuY IIUPT(~- N r,IaD F oIz ur.Irroa cotTrTY, Tr;IC~s eo, ti rty ~~~kQ ':1 oxpircl:; the 22nd clay of Deeemcer 19 79 . I .a i •n THE FATE OF TEXAS y 11 RE_F,tA_SU L SAT-3FACTION OF LIEN f ; i Cor (v c_~u ( ~l1 By an instrument dated the 12th day of June 19 78 S t:4,ci~y of unpy, Denton, Texas, filed for record in the office of the County C1erk,Dentoh`Cc Texas, a lien against certain real property owned, controlled, or possessed by Lelia Prince? (owner unknown) and described as follows: ADDRESS: 511 Avenue S LEGAL DESCRIPTION: Lot 6, B)k. 6; Jasper Addition 37593 Notice of said lien was filed in the ffice of t,.e County Clerk of Denton County, Texas and entered in Volume 895 , Pag4r. 286 of the Lien Records of Denton County, Texas. TAit lien has been fully satisfied, released, and discharged. :rhertfore, the City of Denton hereby r-linquishes the lien, and the County Clerk is hereby uthorized and instructed to record this relinquishment and satisfaction as pro•iided by law. Signed this the day of 19~~. CITY OF DfE S BY: BEFORE ME, the undersi;-ned authority, in and for said County, 'texas, on this day personally appeared erg. 0~&Z z!.~ known to me to be the person and office .hose name is subscribed to the forf-going instrument and acknowledged to me that the same was the act of the said _ ~the City of Denton, and that he executed the same as the sell of We C'itt'y 6f"DeentOll for the purposes and considera- tion therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND / CE, This day of /,f J a~ 1~pw~ A.D. 19_Z2 Notary Public, County, Texas i ommia pires OEtitO~,~ `;E 77 5 d3 r a`~C COr 4.g~ c r„ g4 ~ ~ 1 ~f THE JATE OF TEXAS RELEASE 6 SATISFACTION OF LIEN COUNTY Or" DENTON i { p~f0 Rf:CC20S I By an instrument dated the _ 12th day of _ _Zune , 19_21,, the.Cit of Denton, Texas, filed for record in the office of the County Clerk,Denton County, Texas, a lien against certain real property owned, controlled, or possessed b• Billy l' ,nett and described as follows; ADDRESS: 519 Maddox 1375% LFtAL DESCRIPTION: H. Cisco Surv. #1184, Pt. 3, 6; Blk. 3; Moore Addition. Notice of said lien was filed in the office of the County Clerk of Denton County, Tevr, and entered in Volume 895 Page ?76., of the Lien Records of Denton County, Texas. iirfs lien has been fully satisfied, released, and discharged. Therefore, the City of Denton hereby relinquishes the lien, ano the County Clerk is hereby authorized and instructed *o record this relinquishment and satisfaction as provided by law. Signed this the ~r~ day of~ 19-,y-. CITY OF I) NT -XAS BY: BEFORE ME, the undersigned authority, in a d for said County, Tnxas, on this day personally appeared known to me to be toe person and offic r whose name is sud to the foregoing instrument and acknowledged to me char the same was the act of tLe said _ the City of Denton, and that he executed the ame as the act of tthe~f Denton for the purposes and considera- tion therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND A.D. 19. FICE, This day of e e 7 Notary Public, County, Texas y Comm Expi"es 19--moo ry 11E1nOw, L rr J r 77n r~ Y~ J y 4 . hne( s C') c(f 7 ~~p n1 .k 17 a J '174 TH TATE OF TEXAS X \ t~ RELEASE 5 SATISFACTION OF LIEN ~f fNTY OF DENTON Dl FJ f?~t;,`?iDS By an instrument dated the 7th _ day of July 19_ 79 the-Lit of ne.-Aon, Texas, filed for recoru' in the office of the County Clerk, Denton Coinnty, exas, a lien against certain real property owned, rantrolled, or possessed by Billy Haumett , and described as follows: ADDRESS: 523 Maddox 37592 LEGAL DESCRIP'110,N: H. Cisco Surv. 111184; Pt. l,ot S, 6; 31k. 3; Moore Addition Notice of safe lien was filed in the office of the County Clerk of Denton County, Texas and entered in Volume 899 :age 633 of the Lien Records of Denton County, Texas. This lien has been fully satisfied, released, and discharged. Therefore, the City of Denton hereby relinquishes the lien, and the County Clerk is hereby authorized and instructed to record this relinquishment and satisfaction as provided by law. ft Signed this the I~ day of /1~ 1.9 1;~p. CITY OF DEN , ' ERAS By.. BEFORE ME, the undersigned authoriJ,,y, in ani for said County, Texas, on this 4~~, d/ day personally appeared known to me to be the person and off icer whose name is subs- crud to the foregoing instrutnenl and acknowledged to me that the same was the ncr of the said _ the City of Denton, and that tie executed the~s a as the ct of the Cit of Denton for the purposes and considera- tion therein a ressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND S 'ICE This day of A.D. 19_;~e. -ZLZ P5% Y /7 Notary Public, County, Texas . n ommis pires r ~ OEnt0~ ink lllil%Y'/h/i y. )Ix~>< t not I 1 F ~ s o ~ wt v G, r ms ~I v L O~ .F 772 V 0 STATE OF TEXAS v b RELEASE 6 SATISFACTION OF LIEN pV COUNTY OF DENTON X DEED ECECGiDS By an instrument da'.ed the I:ch day of n,np 19 7R th,~7)Ci y of Denton, Texas, filed for record in the office of the County Clerk, Denton County, Texas, a lien against certain real property owned, controlled, or possessed by Earl A. Bushey, Jr. and described as follows: ADDRESS: 916 East Wilson 3x'1590 LEGAL DESCRIPTION: S. C. Hiram Surv.4 616, 4 i acres - let 205 ft. W from Bushey Street. Notice rf said lien was filed in the office of the County Clerk of Denton County, Texas and ercered in Volume _..895 Page 272 of the Lien Records of Denton County, Texas. This lien has been fully satisfied, released, and discharged. Therefore, the City of Denton hereby relinquishes the lien, and the County Clerk is hereby authorized and instructed to record this relinquishment and satisfaction as provided by lace. Signed this the day of 19 1204 . CITY OF D NTO T XAS BY: BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally apeeared Ode , known to me to be the person And ffiror whose name 9 subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said . ll7. ~P the City of Denton, and that he executed the s e as the act of the ity of Denton for th4b ;.urposes and considera- tion therein expressed, and in the capacity therein stated. GTUN UNDER MY HAND AND ICE, This day of ~~~1.•~,...~„~ i A.D. 19~[. Notary Public, County, Texas r'o ommi'l h xpires ty DINA xw~~ V % I, s ti t7 f I 0 C 111. l •~~~~rP nyy/1 ~j e1~ p q CP N P a 1 y. V "R \V TH$ STATE OF TEXAS t RELEASE 6 SATISFACTION OF LIEN W UNTY OF DENTON I C` By an instrument dated the Ist day of May , 19 78` thdgi of Denton, Texas, filed for record in the office of the County Clerk, Denton County, Texas, a lien against certain real property owned, cortrolled, or possessed by Pearl C. Hansel and described as follows: ADDRESS: 617 Wilson LEGAL DESCRIPTION: S. C. Hiram Survey 6616, 60'x 95' 7589 Notice of said lien was filed in the office of the County Clerk of Denton County, Texas and entered in Volume 888 Page 897 of the Lien Records of Denton County, Texas. This lien has been fully satisfied, released, and discharged. Therefore, the City of Denton hereby relinquishes the lien, and the County Clerk is hereby authorized and instructed to record this relinquishment and satisfaction q as provided by law. Signed this the Oday 19_2e-- CITY )F DENTO {AS BY: BEFORE ME, the undersigned author it , in and for said County, Texas, on this day personally lppeared Bu-Ppa.~tr~ known to me to be the person and officer whose name is subscribed to the. foregoing instrument and acknowledged to me that the same was the act of the said (D_~t. ,,„'C&& ~ ~.1a AA the City of Denton, and that he executed the same s the act of the Ci y of Denton for the purposes and considera- tion therein expressed, and in the capacity therein stated. 1 GIVEN UNDER MY HAND AND t_'O~ FFICE, This day of A.D. 19,~. ` M" .0¢~T .tom rrQ ~ Notary Public, /'0zA=4 ~ County, Texas oq~ y Co Expires v ~ M ►r R ~ r p Y its r. " n C~ QO'7 '7'7 t rNTY E OF T EXAS RELEASE 6 SATISFACTION OF LIEN F DENTON I DEED RECCIFtDS By an instrument dated the _7th day of July 19__ZRthe City of Denton, Texas, filed for record in the office of the County C1erk,Denton County, Texas, : lien ag:.inst certain real property owned, controlled, or possessed by Y;'Ilie Juice Alexander and described as follows: ADDRESS: 534 Avenue S 37588 LEGAL DESCR,PTION: H. Cisco Survey, Abst. 41184, Lot 8, Blk. 5, Jasper Addn. Notice of said lien was filed in the office of the County Clerk of Denton County, Texas and entered `.n Volume. 899 Page 647 of the Lien Records of Denton County, Texas. This lien has c.:en fully satisfied, released, and discharged. Therefore, the City of Denton hereby relinquishes the lien, and the County Clerk is hereby authorized and instructed to record this relinquishment and satisfaction as provided by law. 7~ . Signed this the day of 19 CITY OF DENT t , XAS BY: BEFORE ME, the undersigned authority, in and for said County, Te:•,as, on this day personally appeared (?oc known to me to be the person and Officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said the City of Denton, and that he executed the sam as the ac of the City of Denton for the purposes and considera- tion therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND FFICE, This day of A.D. 19qv/. Notary Public, e-Z o.n. 2 County, Texas i 00~ Comm 9 xpires e~OJ OAO.._'&.1_~z 19~Q.. Of.DENIO, C c~ r QY~ r . two ep IIL4 lit a Darcy 1 ' . COMPANIES AFFORDING COVERAGES Fred S. James d , of Georgia, Inc. 400 Fulton Feder Building Atlanta, Georgia 30303 Continental Casualty _Ccnpany Golden Traingle Camtunications C 0/0 Cox Cable Camtunications, Inc. D 53 Perirmter Center East Atlanta, Georgia 30346 -This is +oc6rUfyth.^i~71~~r, [r,udnc~listnilhlur.li.r:et en 1"t!erns!rL1n~,nu1aLo':c.:d,rcinfarce~it this lime . Li mits o} - 4_at7ililtyinThousndstb86jl-- rn-ti GENERAL uaEaLl $1,000 s 1 000 A t~}FF( CCP 190 1781 6/1/79 1 , ry; Lys v•,I 100 200 E FL I'Fn [ o- PAI 11 I t ni V I I!' ~"'C^I Y IN;' dir nhr, (0vl': F U, r PA M a'4 HmJ.1, IJV4' Pu;rl i,', !L, 11iNrP i. [r,Mn;t IN l °I N,Vh aL iY I!i~iv I'l lq,:✓raL INR!Hr 4 i IN 01" AUTOMOBILE LIABILITY (ILpr, $ r~iI L .,N, 500 coM!'HnaN wE I, M H miv +aj;w A CCP 190 1761 - t l gwNrr, 1 8/1/79 FA_HnLUUFNh 11000 HIM o 1!•! ur r v a L 100 iF ANr, - r d 4YiN IN NQN ORYI D { x F{ J'(R V IN F i I N EXCESS LIABILITY eru+,''., INluar AY, U wovLILA IrJRN ('upr`LRrY eM/ngE f { El OTHER tHANLM[1F^CL,A GA'(idge AUI:M WORMERS'COMDENSATIOf'f g;An n F'r A and WC 3453913 8/1/79 EMPLOYERS' LIABILITY s 1~~ ~.,,ro~•.•OTHER 1154 o(SCRIr T10N Or OFERATIONSROCAnOAS.NFHi( LES The City of Denton, Texas iL named as Additional Insured ar, their may apt tar. Cancellation: Should any of the above des-ribeC policies be c.:ncelled before the expiration date thereof, the issuing com- pany will endeavor to mad --Z0-. days wotten notice to the below narned certificate holder, but failure to rnall such notice shall impose no obligation o~ b3511ify Litany kind upon the company, NAMC ANO AUORL SS Ur CF R7,EKAi [ Hn(UFR IDOL tSWED~-_ 78.-----_-_ City of Denton, Texas • 't1r 111 25 Cd 11 771 i ~ ~-5 l . . TATE OF TEXAS X ► RELEASE 6 SATISFACTION OF LIEN COUNTY OF DENTON x DEED RECACIRM ~.i By an instrument dated the 24th day of April 19~_, the:0ic ^f Denton, Texas, filed for record in the office of the County C1erk,DentonCounty, Texas, a lien against certain real property owned, controlled, or possessed- by E. B. Wilson, Jr. , and described as follows: ADDRESS: 1911 Bernard r~ LEGAL DESCRIPTION: A. Hill .41 ac.; Pt. Tr. 156 (10) A 3'7587 Notice of said lien was filed in the office of the Cou, Clerk of Denton County, Texas and entered in Volume 886 Page 769 of the Lien Records of Denton County, 'texas. This lien has been fully satisfied, released, and discharged. Therefore, the City of Denton hereby relinquishes the lien, and the County Clerk is hereby authorized and instructed to record this relinquishment and satisfaction as provided by law. S13ned this the _ day of 19 74 CITY OF D NT , TEXAS PY: BEFORE PEE, the undersigned authority, in and for said County, Texas, on this day personally appeared known to me to be the person and fficer whose name is subscribed to the foregoing instrument and ackn Lwledged to me that the same was the act of the said C' y11_,; .1-/.n. 4 the City of Denton, and that he executed the sate as-the aitt of the Cit o Denton fcV the purposes and considera- tion therein expressed, and in the capacity therein stated. GIVEN 11 UNDER HAND AND SAE~~O~+e ICE CE, This ~ day of\ A.D. 14 Notary Public, County, Texas . ~o~ocmis Expires 19-2-L. OF "Rol 1 927 ~E 769 t • r, I. E SL lip 1L r IEBT K-202 THE STATE OF TEXAS, r 602 COUNTY OF DENTGN KNOW ALL MEN BY THESE PRESENTS: DEED RECORDS THAT HERITAGE ESTATES DEVELOPMENT CORPORATION . of Denton Co,u,ity, Texas 038140 , in consideration of the sum of ()ne ($1.00) Dollar other good and valuable consideration in hand paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by these presents grant, bargafu, sell and convey unto to the City of Denton, Texas , the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, owned by it . Situ-.` .d in Denton County, Texas, in the C. POULLALIER Survey, Abstract No. 1005 All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, Stata of Texas, and being part of the C. Poullalier Survey, Abstract No. 1006, and being part of a tract of land as conveyed from Baker-Crow to Heritage Lstates Development Corporation by deed dated March 1, 1976 and recorded in Volume 776, Page 348 of the Deed Records of Denton County, Texas, and more particularly described as follows BEGINNING at the northwest corner of said tract, said point of beginning also being the beginning of a curve to the right whose center bears south 210 161 4311 weft and whose radius is 761.25 feet; THENCE southeasterly along said curve to the right, said curve being the west boundary line of said tract and also being the east right of way line of FM 2181 (Teasley Lane), a distance of 639.3 feet to a point for a corner same being the southeast corner of said tract; THENCE north 00 561 east along the east boundary line of said tract, a dis- tance of 41.03 feet to a point for a corner, said point also being the be- gir,ning of a curve to the left whose center bears south 660 3%" 53" west and whose radius is 777.25 feett THENCE northwesterly along said curve to the left 16.0 feet northeast of and parallel to the southwest boundary line of said tract, same being the northeast right of way line of FM 2181 (Teasley Lane), a distance of 573.38 feet to a point for a corner in the north boundary line of said tracts THENCE north 88° 381 west along the north boundary line of said tract a distance of 43.78 feet to the place of beginning and containing 9,688.24 square feet of land, more or less. And It is further agreed that the said City of Denton, Te):as In consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstructions as may now be found upon said property. For the purpose of constructing, installing, repairing and perpetually maintaining public utilities in, along, upon and across said premises, with the right and privilege at all times of the grantee herein, his or Its agents, employees, workmen and representatives having ingress, egress, and regress in, along upon and across said premises for the purpose of making additious to, Improvements on and repairs to the said public utilities, or any part thereof. TO,HAVR TO HOLD unto the said City of Denton, Texas as aforesald for p11111U111111„, l ifora$ld the premises above described, r',8p~~r, 1= hand , this the 8 day of December , A. D. 1978 . HERITAGE STAT EVELOPMENT CORP. h BY$ 4 AM L'$ it. Peebles D. Michael Crow, President Y IIIIIIIUJ Y ~A SINGLE ACKNOWLEMUMENT THE STATE OF TEAS, I BEFORE ME, the undersigned authority, COUNTY OF . _ . .1 in and for said Cuunty, Texas, ev this day personally appeared known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that . he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of A.D. 19........ (L.S.) - - _ Notary Public, County, Texas My Commission Expires June 1, 19 SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF. in and for said County, Texas, on this day personally appeared...... . - - - - known to me to be the person .....whose name subscribed to the foregoing instrument, and acknowledged to me that.-. he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This.. _...__.___..daq A.D. 19 - Notary Public, _ _..County, Texas hfv Commission Expires June 1, 19 CORPORATION ACKNOWLEDGMENT THE STATE OF T&;AS, BEFORE b1E, the undersigned authority, COUNTY ok --PENNON iu jad for said Count Tex on this day personally appeared /~it.a lG &M known to me to be the person and ofricer whose nam subscribe to the foregoing instrument and acknowledged to me that the snore wi a the act of the said Her; ;~Fstates Development Corporation a cp t'ton,'A 14bot he executed the sane as the act o such corporation for the purpcscs and consideration therein atlsty9coy and 4 the caracity therein stated. G>V Wand fIANU AND SEAL OF OFFIC~Th s day of December A.D. 19 78 t Notary P , . _ ..1~a.Giea _ County, Texas well hly Commission Expires 49A, 19. ;2_ CLERK'S CERTIFICATE TFIiJ'+~~9RTE OF TEXAS, I-STATE of TIN4S....,.-. c"ry or vtNTori County rCJNTY OF C6UNTYCIERf{, Dent n r,ryty, Tr+is Clerk of the County Court of said County, do hereby certifkT pttfhpytlA~fpp~rygrF,l3t {ner5t g4,n%YQing dated on the day of , A. D. 11gfe and ???fi4 ft8 L'etRiRcktd'of AuthchAtAtion, was filed for record in •n oMce on the., _ da of of Dn o the rE(uniP,v d i e a t n r.. `0 , s hf., and duly Y Y etDcntoM n I +~r'crRli,014, of....... A. E V at. o'clock K, in the recordud this day unit ,i t r. Records dun y, n o u forre.. ton pages WITNESS MY HAND AND SEAL OF THE COUNTY LC ,R~(`,'~aUt J~gse 'dove writ ~t. , the day and _ ,f11 1-1.1- DER Danlcn County CaunW, fares n.f..,..Kr...........__ County, Texas. (L f J By._ Deputy. H I~ vi 0 to Cw H d n O FN-j- ; f I G"C Id f;. 137 ~1 ` c E Ear O Pd ( • i l' 1 ' ~L4i, w t ! O to H ~ ~ V c 4 r, z E -i- 3. f o. 0 w lw g~ a O 1 rn a, ~ IVOI~.~ IP1`f~U`J u u i s%~ :===t`-fo4-~1~rc ct.~rn~ nrRav. --_____z_--A-~~---• - _w,~x,Itxsi.ucwaOa,.Dnl4~~_ HE So ADTE OF TEXAS, } KNOW ALL MEN BY THESE PRESENTS: ' DEED PFrognt Tnat the City of Denton, Texas 271 of the County of Denton sad State of Texas , for and in consideration of the sum of --Ten and No/100 ($10.00)------------------------------------------ DOLLARS, to them in hand paid by the City of Denton, Texas of the County of Denton %nd State of Texas , the receipt of which is hereby acknowledged, do, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER k QUIT CLAD[ unto the said James M. Magill & Wife Helen A. Magill their heirs and assigns, all its right title and interest in and to that certa'n tract a: par- cel of land lying in the County of Denton and State of Texas, described as follows, i~ All that certain lot, tract or parcel of land lying and being situated in the Cit nd ~ounty of Denton, State of Te..as, and being part of the R. Beaumont survey, Abst. No. 31 nd being part of the Carroll Park Addition an addition to the City/County of Denton,as ce-il; orded In Volume 350, Page 32: of the Deed Records of Denton County, Texas, and more part- 'I; cularly described as fol.icws- BEGINNING at a point in the South right-of-way line of Sunse treet, said point o: Beginning being the intersection of the South right-of-way line of unset Street and the East eight-of-way line of Coit Street and also being the Northwest orner oc a tract of land as conveyed from F,P. Moynagn, et ux to James M. Magill, et ux by; 1 ed Dated November 14, 1978 and recorded in Volume 923, Page 444 of the Deed Records of nton County, Texas, THENCE South along the East right-of-way line of Coit Street, same be j ng the West boundary line of said Magill Tract, a distance of 152.35 feet to a point,for a) orner; THENCE West a distance of 30.0 feet to a point for a corner; THENCE North 30.0 feet:,, i eat of and para'.lel with Mie East right-of-way line of Cott Street, a distance of 152.35 i eet to a point for a corner in the South right-of-way line of Sunset Street; THENCE East, long the South right-of-say line of Sunset Street, a distance of 30.0 feet to the place of ` eginning znd containing 49570.5 square feet of land, more or less, PROVIDED that the abov~l escribed tract is hereby vacated and abandoned only in so far as any right, title or in- erest may be vested in t'.,e public as a public street, but is expressly made a part of this ~~II eed that a utility easement is expressly retained by the City of Denton the same as if an il! asement were granted therefore to the City of Denton by the owner thereof with all rights , f ingcr.a:, egress and regress in, along, upon and across same retained by the City of enton until such uses therein are abandoned by seperate action. 1 TO HAVE AND TO 'HOLD the said premises, together with all and singular the rights, privi. logos and appurtenances thereto In any manner belonging unto the said City of Denton, Texas, its successors Ma and assigns, forever, so that neither the said City of Denton, Texas, its successors 221 pads; nor any person or persons claiming under it shall, a' any time hereafter, have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part there- of. , WrMESS our hand at Denton, Texas this the ILI Lt., day c f -~..,5~• .i A. D.19 7 Witnessos at R ucat of Gr;,iitor; C~]Y 0 -it'N'f[?Nl-,TEXAS. _ _ -72~ Z,160 D l IKS IIOLT, rrTY si{'cn'rARYw .OP Mr'rCI11;LL MA 011 r1j Y ....,'acr 127 E 1r 8 A. I'AG SINGLE ACKNUIVI-El1Gb1h:N'' Vol vvi THE, STATE OF TEXAS, It}: FORE: NIP, the unrlcrsigartid authority, CQUN'PY OF DENTON I In and for said (,aunty, T•x,s, on this day personally appeared . know n to me to be the person ' whose name subscribed to the foregoing instrument, and acknowledged to me that I he executed the same for the purposes and consideration therein expressed. ' GIVEN UNDIiR MY lIAND AND SEAL OF OFFICE, This day of A.D. 19.......... L.S.) _ Notary Public, . County, Texas My Commission Expires June 1, 19.... SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, i COUNTY OF. J BEFORE ME, the undcrstened authority, I In and for said County, Texas, on this dny per.nnally appmred L known to me to be the person whose name subscribed to the foregoing instrument And ncknow le( Ied to me that he executed the same for the purposes rind consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of A.D. 19........... (L.S.) y... County, Texas My lCommiss Commission Expires June 1, 19 MON ACKNOWLEDGMENT THE STATR THE o BEFORE TIE, the undera.gned,.tvthorlty, COUNTY 0 ~yr~0 Olly appeared..... M.-..._._.. _...t.........Y..._.... f.._....._-.._.._...~_ in and lif ount;~, Tr~c~s, ~calt~ da Joe Mitchell Ma or or- the Cit of ' i ...0enton Texa~j 1Ft~.. r 'u91~ known to rre to be the person and oftic t• ~0~. sir whose name is subset ;Will t fi m.nt and acknowledged to me that the same was the act of the said - _ j a corpor.diuitYl6thn~4!tcWW':`` s•Ihd ct of such eorroration for the purposes and consideration therein jtI exprea.rd e'PStQs,~ryllat?ttr . ,k~tiF'N> ' I CI1 ~ Jd ml )l'MA'!4'AND AN AL OF OFFICE, This q.'LL`•-day A.D. 19..x$ ~rl Notary Public, ...__..Denl:on..__ • -.County, Texas My Commission Expiree,At - i 1- 80 CLERK'S CEIMF1CATE THE STATE OF TEXAS, , County COUNTY OF.. . . Clerk of the County Court of said County, do hereby certify that the foregoing instrument of writing dated on the day of. _ A. D. 19 , with its CertiAcate of Authentication, xaa filed for record In my office on the day of_ , A. D. 19 _ , at o'clock M., and duly recorded this, . day of.. A. D. 19.,...... at, „ o'clock M., In the Records of said County, In Volume........... , on pages WITNESS MY HAND AND SEAL OF THE COUNTY COURT of said County, at ol&e In. . , the day and year last nbore written, Cnunty Clerk.. . County, Texas, (L. _ Deputy. 1 i N, A A c } E Q E rjLE -3 Pik fG1 i I ><a ~ • Y I • Y k°~i C F F V yf~ ~ . f ire Y^i N O O C'l (n ~ ~ n 5 _ ~ ~ ~ ~ lH-' ssr;; M ~T~ H 4 -7 f /I The consensus of the City Council is to exercise our legal right to appeal the decision handed down by the Court of Civil Appeals. The original decision of the District Court was appealed because we believed the require- ments of the City Charter had not been met. The Council has the sworn obligation to defend the integrity of the Charter. We believe it is important t,.at the recall issue be viewed in proper perspective. The three Council members have not been accused of illegal acts, misfeasance in office, or even incompetence. 4Je are being challenged on a policy decision which was made in good faith. The challenge comes from 795 people, or approximately 1.6 percent of the 51,500 residents of Denton. Every member of the Council has had more votes than that cast against him or her in regular elections. We have talked with some signers of the petition who said that they were not fully aware of the issue. Some have said that they thought the purpose of the petition was to yet utility rates lowered. Some have said that they would now disassociate themselves from the petition. We have been contacted by many people urging appeal of the decision as being in the best interests of Dentco. The Council doubts that a recall election would be successful. however, we are very concerned with the r.am'fications of gust holding such an election. This woulC discourage future candidates from running. It would have a dis- ruptive and divisive effect in Dentin. It would cause widespread unfavorable publicity for Denton statewide, am possibly on a national level. We are extremely concerned with the effect such publicity would have on attracting new residents and industry to Denton. Our city cannot afford more publicity like we have received from the wet-dry elections, the THPA litigation, headline-grabbing criminal cases, and investigation of local government agencies. • Denton has a lot to lose and nothing to be gained from such an election. The three Council members all have terms that expire on April 10. A recall election on January 20 would be Just eleven weeks prior to the expiration of their terms. Two of the three have definitely stated they are not running for reelection. Mr. Mitchell has never had any intention of running for a third term, and first announced this over a year ago. Mrs. Hughes has also announced her intention not to seek a third term. Mrs. Gay has not stated her intention. Should a recall be successful, City government would come to almost a complete stop. The two remaining members could not even meet, much less take any action. Most important actions of the City require Council approval, so little could be done. No zoning chenges could be made. No appointments could be made to fill vacancies on boards. Needed equipment could not be purchased. Legal documents and contracts could not be approved. Severe financial problems could develop. Grant money could be lost. At worst, the Council would cease to exist for eleven weeks. At best, the Governor could call a special election, but this would probably take thirty days or longer. Those elected could only serve until April 10, when the regular election would still be held, Likely two campaigns would be going on at the same time--one for the special election, and one for the regular I election overlapping. In this case, three Council elections would be held A cRi~v vF within^e~even weeks. The resulting expense and inconvenience to the voters and candidates would be unreasonable. We believe we are acting in the best interest of our City in appealing this decision. i a ' ~ i ~ c ~ ( ~ ~ f~ r ~ ~ ~ G. , i i i 1 N f ' CERYIFICATE'FOR ORDINANCE CANVASSING BOND ELECTION RETURNS ,THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON We, the undersigned officers of said City, hereby certify as follows: 1. The City Council of said Cit convened in ~Ve?144 MEETING ON THE 12-r DAY OF DECEMBER, 1978, at the M~inic T Building (City Hall), and the roll was called of the duly constituted officers and members of said City Council, to-wit: Brooks Holt, City Secretary Joe Mitchell, Mayor Bill Nash Dick Stewart Elinor Hughes Mary Claude Gay and all of said persons were present,, except the following , absentees: 7>1e.< 5reVAR7- thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written ORDINANCE CANVASSING BOND ELECTION RETURNS was du:.y introduced for the consideration of said C'.ty 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 thq passage of said Ordinance, prevail- ed and carried by the following vote: AYES: All members of said 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; that said Ordinance has been duly recorded in said City Council's minutes of said Meeting; that the above and foregoing paragraph is a true, full, and correct excerpt from said City Council's minutes 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, qualified, 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 officially 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 sa.d 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 Mayor 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 Ordinancet and that the Mayor and 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. S `dED AND SEA D the z.~ day of D ere 1974. 'fft'yO S cret ry ayor {SEAL} - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ve, the undersigned, being respectively the City Attorney and the Bond Attorneys of the City of Denton, Texas, hereby cer- tify that we prepared and approved as to legality the attached and following Ordinance prior to its passage as aforesaid. ~~Jy City Attorney Bond Attorneys ORDINANCE NO. 78- ORDINANCE CANVASSING BOND ELECTION RETURNS THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTOIT WHEREAS, the City Council of said City ordered an election to be held in said City on DECEMBER 5, 1978, on the PROPOSITION hereinafter stated; and WHEREAS, said City Council has investigatca all matters pertaining to said election, including the ordering. giving notice, officers, holding, and making returns of saiO election; and WHEREAS, the electio.i officers who held said election have duly made the returns of the result thereof, and said returns have been duly delivered to this City Council; and WHEREAS, it is hereby officially found and 3etermined: that a case of emergency or urgent public necessity exists which re- quires the holding of the meeting at which this ordinance is passed, such emergency or urgent public necessity being that the 1 proceeds from the sale of the proposed bonds 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 required by Vernon's Ann. Civ. St. Article 6252-17. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: 1. That the City Council officially finds and determines that said election was duly ordered, that proper notice of said election was duly gi,rsn, that proper election officers were duly appointed prior to said election, that said election waw duly held that due returns of the result of said election have been made and delivered, and that the City Council has duly canvassed said re- turns, all in accordance with law and the ordinance calling said bond election. 2. T',at the City Council officially finds and determines that the following votes were cast at said electini, on the sub- mitteJ PROPOSITION, by the resident, qualifi.ea electors of said City who voted at the elections PROPOSITION ~v VOTES: FOR THE ISSUANCE OF $2,000,000 VOTESs AGAINST ) OF FINE ARTS CENTER BONDS 3. That the City Council officially finds, determines, and declares the result of said election to be that the PROPOSITION so submitted has not received a favorable majority vote in all respects and has not carried, and that the bonds voted thereunder may not be issue ~ in accordance with law. w At 1 h. 1