HomeMy WebLinkAbout01-1980
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1980
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NO. 80 -
AN ORDINANCE REMOVING PARKING ON MULBERRY STREET BEGINNING 140
FEET WEST OF ELM AND ENDING 480 FEET WEST OF ELM; AND REMOVING
PARKING ON THE NORTH SIDE OF CORONADO STEET BEGINNING AT THE
INTERSECTION OF LOCUST STREET AND ENDING AT THE INTERSECTION OF
BELL AVENUE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY;
AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION I.
That the south side of Mulberry Street beginning 140 feet west
of Elm and ending 480 feet west of Elm shall not be used for the
parking of vehicles or in any manner obstructed at any time, and
the same shall be so posted by the proper authorities of the City
tiy} of Denton, Texas.
D n"
' That the north side of Coronado Street beginning at the
intersection Locust Street and ending at the intersection of Bell
Avenue shall not be used for the parking of vehicles or iri any
manner obstructed at any time, and the same shall be so posted by
the proper authorities of the City of Denton, Texas.
SECTION II.
4+.. That if any section, subsection, paragraph, sentence, clause,
phrase oi• word in this ordinance, or application thereof to any
:A 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 enacted such
remaining portions despite any such invalidity.
SECTION III.
That Section 1-5 of the Code of Ordinances of the City of
Denton is incorporated into the ordinance as if set out in full
herein, and the penalty by fine not to exceed Two Hundred Dollars
$ ($200.00) is applicable hereto, and it is hereby declared unlawful
to park any vehicle on any portion of the above described streets
as is posted or marked as a "No Parking Zone".
SECTION IV.
That this ordinance shall become effective fourteen (14) days
from the date of its passage, and the City Secretary is hereby
directed to cause the caption of this ordinance to be published in
the Denton Record-Chronicle, the official newspaper of the City of
Denton, Texas, within ton (10) days of the date of its passage.
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PASSED AND APPROVED this the a~ day of tl,4 ,
1930.
CITY OF DENTON, TEXAS
ATTEST:
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
« C. J, TAYLOR, JR., CITY ATTORNEY
CITY OF DBNTON, TEXAS
BY:
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AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON,
TEXAS, AS SAME WAS ADOFZED PS AN A-PFNDI° TO THE CODE 0:
ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1,
AND AS SAID MAP APPLIES TO CITY LOTS 1, 10 and 11 OF BLOCK 171,
AS SHOWN THIS DATE ON THE OFFICIAL 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
Ordinances of the City of Denton, Texas, under provisions of
ordinance No. 69-1, be, and the same is hereby amended as
follows:
All the hereinafter described property is hereby removed from
the Single Family "SF-7" Districts ag, 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 and more
particularly described as follows;
FIRST TRACT: All that certain lot, tract or parcel of land
lYng-aF-d-6eing situated in the City and County of Denton,
Stale of Texas, and being part of the B.B.B. 6 C.R.R. Company
Survc y, Abstract No. 185, and being part of a 10 acre tract
conveyed by J. R. Poole, et ux to J. F. Allgood by Deed
recorded in Volume 305, Page 135 of the Denton County Deed
Records and more particularly described by metes and bounds as
follows:
BEGINNING at a point in the north line of Paisley Street, said
point being 150 feet east of the east curb line of Frame Street
as it now ex.sts;
THENCE north parallel with the east line of Frame Street 345
feet, more or less, to the north line of said Allgood Tract and
the south line of railroad right of way;
THENCE north 53032' east along the south line of said
railroad right of way 407 feet, more or less, to the
intersection of the south line of said railroad right of way
with the west line or Rose Avenue;
THENCE south along the west line of Rose Avenue 59 feet to the
northeast corner of a tract described In a deed from J. F.
Allgood# et ux to Bruce Corley, et ux of record in Volume 500,
Page 220 of the Denton County Deed Records;
THENCE 53032' west 106 feet for corner same being the north-
west corner of said tract described in said last mentioned
deed, said point being 150 feet due west of Rose Avenue;
THENCE south parallel to Rose Avenue and 150 feet west thereof
at all points a distance of 406 feet to the most westerly
southwest corner of the Catherine Baldridge lot, same being at
a point in the north line of a lot conveyed by J. F. Allgood,
et ux to Silas Maples, et ux by deed of record in Volume 436,
Page 316 of the Denton County Deed Records;
THENCE west along the north line of said lot 26 feet, more or
leas to its northwest corner for corner of this tract;
THENCE south along the west line of said Maples lot 150 feet to
its southwest corner in the north line of Paisley Street, said
point being 175 feet west of the west line or Rose Street;
THENCE west along the north line of Paisley Street, 228-1/2
feet, more or less, to the place of beginning.
SECOND TRACT: All that certain lot, tract or parcel of land
lying an eing situated in the City and County of Denton,
State of Texas, and being part of the B.B.H. 6 C.R.A. Company
Survey, Abstract No. 185, and being part of a 10 acre tract
conveyed by J. R. Poole, et ux to J. F. Allgood by Deed
recorded in Volume 305, Page 135 of the Denton County Deed
Records and more particularly described by metes and bounds as
follows:
BEGINNING at a point in the north line of Paisley Street, said
point being 150 feet east of the east curb line of Frame Street
as it now exists, and Said point being the southwest corner of
a tract of land heretofore conveyed by J. F. Allgood, et ux to
HHC Inc. and by HHC Inc. to Floyd Hensley and Earl L. Coleman;
THENCE west along the north line of Paisley Street, and the
south line of said original J. F. Allgood tract 150 feet, more
or less, to the east curb line of Frame Street in the City of
Denton, Texas;
THENCE north along the east curb line of Frame Street 88.2
varas# more or less, to the south right of way line of railroad
right of way;
THENCE north 530 32' east along the south line of said
railroad right of way 152 feet, more or leas, to the northwest
corner of said tract of land conveyed by HHC Inn, to Floyd
Hensley an Earl L. Coleman;
THENCE south parallel with the east curb line of Frame Street
345 feet, more or less, to the place of beginning; it being
intended hereby to convey all of the residue of said 10 acre
tract lying and abutting on Frame Street and between the
property row belonging to Floyd Hensley and Earl L. Coleman and
Frame Street;
THIRD TRACT: Being past of the S.B.B. 6 C.R.R. Company Survey,
Abstract No. 185, and being part of that certain 10 acre tract
conveyed by J. R. Poole, et ux to J. F. Allgood and wife, Mary
Mizell Allgood by Deed dated February 19, 1944# recorded in
Volume 305, Page 135 of the Denton County Deed Records and more
particularly described by metes and bounds as follows:
BEGINNING at a point 600 feet north and 190 feet west of the
southeast corner of a ten (10) acre tract being 600 feet north
of the north line of Paisley Street# and also beginning at a
point in the west line of Rose Street that Is 236.5 feet south
530 321 west and 59 feet south of the south right of way line
of the Texas and Pacific Railroad;
THENCE south 530 32# west parallel to said south right of way
line 186 feet to a stake;
THENCE south parallel to and 150 feet west of the west line of
Rose Street a distance of 101 feet to a stake;
THENCE east 150 feet to a stake In the west line of Rose Street;
THENCE north along the west line of Rose Street, 205 feet to
the place of beginning,
2-1430 - OPAL CAMP BROWN - PAGE TWO
9o-~'
SECTION II.
That the City Council of the City of Denton, Texas hereby
finds that such change is in accordance with a comprehensive
plan f;,r the purpose or 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
pee,uliar suitability or particular uses, and with a view to
conserving the value of the buildings, protecting human lives,
and encouraging the most appropriate uses of land for the
maximum benefit to the City of Denton, Texas, and its citizens.
SECTION III.
That this ordinance shall be in full force and effect
irmiediately 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 29th day of January, A. D.
1980.
;
, MAYOR
CITY OF DENTON, TEXAS
ATTESTi
A~4-
BROOKS HOLT, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
Z-1430 - OPAL CAMP BROWN - PAGE THREE
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NO.
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 THF. CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1,
AND AS SAID MAP APPLIES APPROXIMATELY 2.592 ACRES OF LAND, AS
SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON,
fFXAS, AND .'.ORE PARTICULARLY DESCRiB8D THEREIN) AND DECLARING
AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION I. ,
That the Zoning Map of the City of Denton, Texas, adopted
the 14th day of January, 1969, as an Appendix to the Code of
Ordinances of the City of Denton, Texas, under provisions of
Ordinance No. 69-1, be, and the same is hereby amended as
follows:
All the hereinafter described property is hereby removed from
the Single Family "SF-7" Districts 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 Planned Development "PD" for Light Industrial Use
District in the sam mariner as other property located in the
Planned Development PD" for Light Industrial Use District eith
the following conditions:
1. The slaughter house operation shall be discontinued
forever.
2. Permit only the construction of additional office space
and the erection of a fence as shownq on the attached
site plan.
3. Site plan approval must be obtained for any future
expansion.
All that certain lot, tract or parcel of land lyin.; and being
situated in the City and County of Denton, State of 'texas, and
being part of the J. Brock Survey, Abstract btu. 55, and being
more particularly described as follows:
BEGINNING at the northwest corner of a tract of land designated
"Second Tract", as conveyed from Floyd Hensley, et ux to
Hensley Packing Company, Inc. by deed dated April 8, 1971 and
recorded in Volume 619, Pago 381 of the Deed Records of Denton
County, Texas, said point of beginning lying In the east right
of way line of Newton Street]
THENCE south 880 40' east along the north boundary line of
said tract a distance of 403.07 feet to a point for a corner!
THENCE north a distance of 95.09 feet to a point for a corners
THENCE south 890 14' east passing at 255.0 feet the northwest
corner of a tract of land, designated "First Tract" as conveyed
4 from Floyd Hensley, et ux to Hensley Packing Company, Inc. by
Deed dated April 8, 1971 and recorded in Volume 619, Page 381
of the Deed Records of Denton County, Texa!3, a total distance
of 550.0 feet to a point for a corner, same being the northeast
corner of the aforementioned "First Tract"I
THENCE south passing at 49.0 feet the souf.heast corner of the
aforementioned "First Traot" a total distance of 195.0 feet to
a point for a corners
Z-1431 - WELDON H. MILLER - PAGE ONE
a.
NO._
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON,
TEXAS, AS SAME WAS ADOPTED AG AN APPENDIX TO THE CODE OF
ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1,
AND AS SAID MAP APPLIES APPROXIMATELY 2.592 ACRES OF LAND, AS
SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON,
TEXAS, AND MORE PARTICULARLY DESCRIBED TUELE.N; AV!) DECLARING
AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
.SECTION 1.
That the Zoning Map of the City of Denton, Texas, adopted
tke 14th day of January, 1969, as an Appendix to the Code of
Ordinances of the City of Denton, Texas, under provisions of
Ordinance No. 69-1, be, and the same is hereby amended as
follows:
All the hereinafter described property is hereby removed from
the Single Family "SF-7" Districts 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 Planned Development "PD" for Light Industrial Use
District in the same manner as other property located in thte
Planned Development "PD" (or Light Industrial Use District with
the :ollowing conditions:
1. The slaughter house operation shall be discontinued
forever.
2. Permit only the construction of additional office space
and the erection of a fence as shown on the attached
site plan.
3. Site plan approval must be obtained for any futt:re
expansion.
All that certain lot, tract or parcel of land lying and being
situated in the City and County of Denton, State of Texas, and
being part of the J. Brock Survey, Abstract No. 55, and being
more particularly described as follows:
BEGINNING at the northwest corner of a tract of land designated
"Second Tract", as conveyed from Floyd Hensley, et ux to
Hensley Packing Company, Inc. by deed dated April 8, 1971 and
recorded in Volume 619, Page 301 of the Deed Records of Denton
County, Texas, said point of beginning lying in the east right
of way line of Newton Streets
THENCE south 880 40' east along the north boundary line of
said tract a distance of 403.07 feet to a point for a corner)
THENCE north a distance of 95.09 feet to a point for a corner]
THENCE south 890 14' east passing at 255.0 feet the northwest
corner of a tract of land, designated "First Tract" as conveyed
from Floyd Hensley, et ux to Hensley Packing Company, Inc. by
Deed dated April 8, 1971 and recorded in Volume 619, Page 381
of the Deed Records of Denton County, Texas, a total distance
of 550.0 feet to a point for a corner, same being the northeast
corner of the aforementioned "First Tract"$
THENCE south passing at 49.0 feet the southeast corner of the
aforementioned "First Tract" a total distance of 195.0 feet to
a point for a cornea
Z-1431 - WELDON H. HILLEF - PAGE ONE
THENCE north 890 14' west a distance of 343.6 feet to a point for
a corner same► being the most easterly northeast corner of the
aforementioned "Second Tract";
THENCE south along the most easterly east boundary line of said
"Second,Trant" a distance of 40.0 feet- to a, point for a corner,
same being the southeast corner of said "Second Tract";
THENCE north 890 14' west along the most southerly south boundary
line of said "Second Tract" a distance of 253.4 feet to a point for
a corner same being the most southerly southwest corner of said
Second Tract;
THENCE north a distance of 123.9 feet to a point for a corner, same
being an inner ell corner of said "Second Tract"=
THENCE north 890 14' west a distance of 356.0 feet to a point for
a corner in the east right of way line of Newton Street said point
also being the most westerly southwest corner of said "Second
Tract";
THENCE north along the most westerly nest boundary line of said
"Second Tract" same being the east right of way line of Newton
Street a distance of 20.0 feet to the place of b,rginning and
containing 2.952 acres of land, more or less.
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 suitability or
particular uses, and with a view to conserving the value of the
buildings, protecting human lives, and encouraging the most
appropriate uses of land for the maximum benefit to the City of
Denton, Texas, and its citizens.
SECTION III.
That this ordinance shall be in full force and effect
immediately after its passage and approval, the required public
hearings having heretofore been held by the Planning and Zoning
Commission and the City Council (if the City of Denton, Texas, after
giving due notice thereof.
PASSED AND APPROVED this the 29th day of January, A. D. 1980.
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B.i L N 9 , MA OR
CATY OF DENT10NO TEXAS
ATTEST V
BROOKS HOLT, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
C, J. TAYLOR, JR „ CITY ATTORNEY
CITY OF DENTON, TEXAS
HYt
Z-1431 - WELDON H. MILLER - PAGE TWO
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NO.
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON,
TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO 'hE CODE OF
ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-11
AND AS SAID MAP APPLIES TO APPROXIMATELY 9.700 ACRES OF LAND,
AS SHOWN THIS D.."•T"_ ON THE OFFICIAL `PAX mAle OF THE CITY OF
DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND
DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION I.
That the zoning Map of the City of Denton, Texas, adopted
the 14th day of January, 1969, as an Appendix to the Code of
Ordinances of the City of Denton, Texas, under provisions of
Ordinance No. 69-1, be, and the same is hereby amended as
follows:
All the hereinafter described property is hereby removed from
the Single Family "SF-7" Districts 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 Mgjti-Family Restricted "MF-R" District in the same
manner as other property located in the Multi-Family Restricted
"MF-R" District and more particularly described as follows;
All that certain tract or parcel of land, lying and being
situated in the T. M. Downing Survey, Abstract No. 346, City
and County of Denton, Texas and being part of a (called)
65.3837 acre tract as described in a deed from Louis A.
Zeleskey, Jr, to Joshua Production Inc. on April 26, 1979
recorded in Volume 950, Page 510, Deed Records of said County
and being more particulsrly described as follows:
BEGINNING at a steel pin at the southernmost southeast corner
of said 65.3837 acre tract on the north right of way of E.M.
Road 426 East McKinney Street;
THENCE north 730 09' 30" west with the north right of way of
East McKinney Street 416.17 feet to a steel pin;
THENCE with a curve to the left having a central angle of 60
56' 14", a radius of 1478.9 feet, a chord of north 760 37'
37" west 178.95 feet, an are length of 179.06 feet to a corner;
THENCE north 00 56' vest 541.92 feet to a corner;
THENCE with a curve to the left having a central angle of 170
10, 16", a radius of 524.616 feet, a chord of north 820 55'
08" east 156.64 feet, an arc length of 157.22 feet to a corner;
THENCE north 740 20' east 55.0 feet to a corner;
THENCE with a curve to the left, having a central angle of
42035' a radius of 191.788 feet, a chord of north 530 02'
30" east 139.28 feet an arc length of 142.54 feet to a corner;
THENCE north 310 45' east 130.47 feet to a corner;
THENCE south 890 55' east 194.26 feet to a corner on the east
boundary line of said 65.3837 acre tract;
THENCE south 00 05' west with the east boundary line of said
tract 932.38 feet to the place of beginning and containing
9.700 acres of land.
2-1426 - HARRY FRIEDMAN
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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 suitability or particular uses, and with a view to
conserving the value of the buildings, protecting human lives,
and encouraging the most appropriate uses of land for the
maximum benefit to the City of Denton, Texas, and its citizens.
SECTION III.
That this ordinance shall be in full force and effect
immediately 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 24th day of January, A. D.
1980.
~ ' i
BIL N. SH, MAYOR
CITY OF DENTON, TEXAS
ATTESTS
BROOKS HOLT, CITY SECRETARY
CITY OF DENTON, TEXAS
s
APPROVED AS TO LEGAL FORM
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
Zzl
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2-1426 - HARRY FRIEDMAN
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THE STATE OF TEXAS s KNOW ALL MEN BY THESE PRESENTS.
I COUNTY OF DENTON IhM RtCOim9
THAT GEORGE T. LILLARD AND WIFE, MARY R. LILLARD
of Denton County, Texas , In consideratoo of the sum of
One Thousand Seven Hundred Fifty s No/100 and other good e.,,d valuable consideration
in hand paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by
the" ptesents gran:, Sarea:u, call a--3 coavey unto to the City of Denton, Texas , the free
and uninterrupted use, liberty and privilege of the pasa:.ge in, along, upon and across the following
described property,
li owned by them . Situated in Denton Comty, Texas, In the
Hiram Sisco Survey, Abstract No. 1184
A sewer line easement in, upon and across a tract or parcel,of land
si-W'uated in the ]Hiram Sisco Survey, Abstract No, 1184, Denton County,
Texas, conveyed to George T. Liillard and wife, Mary R. Lillard, by
certain Deeds of Record as described in Volume 446, Page'240,' 13eed
Records of Denton County, Texas, said easement being a strip of land
twenty (2.0) feet in width, ten (10) feet either side of the centerline,
the centerline being more particularly described as follows:
PLGINNING at a point that bears north a distance of 420 feet, more or
less, from the south line of the Hiram Sisco Survey, and the southwest
corner of the H. M. Pitner property, which adjoins the G. T, Lillard
Tract to the east, to point of beginning of said easement;
THENCE north 690 44' 30" west a distance of. 510 feet, more or .less,
to a point on the west property line of the George T. Lillard tract
to end of easement;
Said length of easement being 510 feet, more or less, measured along
the centerline of said easement.
And it is further agreed that the said City of Denton, Texas
In consideration of the benefits above set out, will remove from the property above described, such fences,
buildings and other obstructions'as may now be found upon said property.
For the purpose of constructing, installing, repairing and perpetually
maintaining sanitary sewer facilities In, along, upon and
across said premises, with the right and privilege at all times of the grantee herein, his or Its agents,
employees, workmen and representatives having ingress, egress, and regress in, along upon and across
said premises for the purpose of making additions to, improvements on and repairs to the said
sanitary sewer facilities, or
any part thereof.
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for
the purposes aforesaid the premises above described.
Witn3as our hand , this the 8& day of anuary A. D. 19 80
, 0 RG~. ILA f, ,
MAR R. LILLA *
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,
SINGLE ACKNOWLEDGMENT vi '
Tltw '10W
HE STA'T'E OF TEXAS, BEFORE DIE, the undersigned authority,
COUNTY OF Et3TON
in and for IW. as, on this day personally appeared -GEORGE _T, LLLLARD, AND WIFE,
MAFi LrLLGE
kno.% to pie ti be the persozl whose name s . arQubscribed to the foregoing instrument, and acknowledged to me
thu'^ the
5/'e:ecuted the Ea pm for the purposes and consideration therein expressed.
iVF.N UNGSR MY BAND AND SEAL OF OFFICE, This - . day of January A.D. 1980.
kAS;. Notary Public I1eDtOTL.. _-_-_-------County, Texas
My Commission Expires June-},_19
SINGLE ACKNOWLEDGb1ENT
TM STATE OF TEXAS, ( BEFORE ME, the undersigned authority,
COUNTY OF.
In and for said County, Texan, on this day personally appeared -
-
known to me to be the person ......whose name subscribed to the foregoing imtrument, and acknowledged to me
that he.-._ executed the seine for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of_..__..--...... A.D. 19
( ,.l
Notary Public, _ County, Texas
My Commlesim Expires Jon, 1, 19
4_ - -
CORPORATION ACKNOWLEDGMENT
THE STATE OF TEXAS, l =s .ut..'
J UF.FORE AI E, the under!gned authority,
COUNTY OF
In and for said County, Texas, on this day personalty appeared
knr -n to mo to be the parson and (Inocr
whose name Is subscribed to the foregcing inshumcnt and acknouiedged to me tl:nt the same ivas the azt of the snit
a corpurntlon, and that he executed the slme as tiTe act of e,ich corporation for the p,irpv a~ s rnd conai lvratlon therein
expressed, and In the capacity therein statod.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of A.D. 19
(L.S.)
Notary Nblie, County, Texas
My Commission Expires June 1, 19__....
CLERK'S CERTIFICATE
THE STATE OF TEXAS, y
I,
_ _ count
NTY OF.. 6! b
Clerk of the County Court of said County, do heW~ at hp r g Ynstrument of writing dated on the
day of-_._....._........................._.....11iRSlyefiNy~stl9{sirWrytMi#ly~I{~fIRIAIO~UIte of Authentication, wns filed for
record in my ofnce on the day of dets and tkss stamped Pierson rt`D!'!t+""t du11f. / o'clock AL, and duly
cixdad In 11&i' uol xrN'~iid peal the nsmsd nedr~s
recorded this day of q pyfygpppa,~rl ss sfamp~E rtw at _ o'clock M., in the
. _........Recorjspf*rki{]~0y,InVolume. . on pages
WITNESS MY HAND AND SEAL OF THg TY oofff~~sia dd County, at otBce In ,
n v
s ! l &tInty Clerk ...y
County, Texas. • ,
(G 0.1 counrf it~'AK L'<nlan cooed, ~~!+1_ Deputy.
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1 r: ~ t i, t t' ~~a a \X J 8 ~rrrl ~ !r M ,~fi x S~M1 '1 f .
~y Irr~.~. t ~ u 1°.A~ ~ I~F'f ',i k4 t r t s+ t I t=;. M1 .n . ~r 4 tr1~r 1' ~ `y ~ f r v • W i 4 I,,..py iy'I'"
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tire.^' P:'K Irv tt i'V. 1n to LiPttN ! J, ?f?y~, ~ v K~a, j~„4 'y~ Y'.:Y Ter ~~+1 a .rM '4- ~ y;~
v ~ 5 ,O~Arr r'ts °'b~a~^ ~ t y^{+ .~~~`b' r.°.~' ~ x.~ i. ~ ~r '7
AT A REGULAR MEETIN C~P
TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 22ND
DAY OF JANUARY, A. D. 1980.
R E S O L U T I O N
WHEREAS, the Honorable Ray Roberts is the United States
+.,4 Representative for the Fourth Congressional
Distr.int wl+ich includes tile; Cicy of Jcntons and
WHEREAS, Ray Roberts has served in the U. S. Congress for
eighteen years, and was a State Senator in the
Texas Legislature for seven years prior to that;
and
' M1 (y
WHEREAS, Ray Roberts is chairman of the ri.,t:se Veterans'
Affairs Committee and chairman of the Water
Resources Subcommittee of the Public Works and
Transportation Committee; and
WHEREAS, Ray Roberts has been a leader in the development
and con3ervation of the nation's water resources,
and was the principal author of the Water
Resources Development Act and has guided authori-
zation of the Aubrey Reservoir Project] and
WHEREAS, Ray Roberts has spent many hours working with the
Corps of Engineers, Texas Water Rights Commission
and the City of Denton towards assuring the
construction of the Aubrey Reservoir Projects and
WHEREAS, Ray Roberts has worked hard and diligently
towards funding the project and has effectively
secured funding for the development of the Aubrey
Reservoir Project; and
WHEREAS, the Aubrey Reservoir Project is extremely
important to the water supply of the City of
Denton and Ray Roberts has worked for the
assurance of an adequate water supply for the
City of Denton;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DENTON, TEXAS, THATs
the Mayor of the City of Denton be authorized to
petition the United States Congress to
redesignate the U. S. Corp of Engineers' Aubrey
Reservoir Project in honor of the, Honorables Ray
Roberts for his hard work and dedication in
representing the City of Denton regarding its
interests and the construction of this reservoir.
PASSED AND APPROVED this the 22nd day of January, A. D. 1980.
I ~ R
CITY OF DENTON, TEXAS
ATTEST
~l
R H L , CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
C. J. TAYLOR, JR., CITY
ATTORNEY, CITY OF DENTON, TEXAS
tits
155
I
~VGy' 1
rgai
CRY of Denton* Municipal Budding, Denton,?ams 76201
oj' iee nl 01Y Wrlnager
January 9, 1980
Honorable Jerry John Crawford
County Judge
Carroll Courts Building
401 W. Hickory
Denton, Texas 76201
Dear Jerry:
Denton County and the City of Denton have reached an informal
agreement allowing the group known as the "Domino Players" to
use space in the County facility known as Rayzor Hall. The
Denton City Council has acted favorably on this matter and
directed me to handle the administrative arrangements. It is my
intent that this letter should become a Letter of Agreement
between the City of Denton and Denton County formalizing the
provisions that have been previously discussed:
DENT014 COUNTY AGREESt
A. To provide, free of charge, space in the County
facility known as Rayzor Hall, located in the
southwest corner of the intersection of Locust and
Sycamore Streets, for the use of the "Domino Players".
B. To give notice in writing to the City Manager, City
of Denton, six months in advance, of your intent to
terminate this agreement.
C. To pay to the City of Denton the depreciated cost of
the new heating and. air conditioning system installed
by the City of Denton if this agreement is
terminated. The heating and air conditioning unit
shall be depreciated on an annual straight-line basis
over a period of five years.
Judge Jerry John Crawford
January 9, 1980
Page Two
D. To carry any necessary liability insurance on that
portion of t'.a building used by the "Domino, Players'-.
CITY OF DENTON AGREES:
A. To pay utilities on that portion of the building used
by the "Domino Players".
B. To bring the heating and air conditioning system, in
that portion of the building used by the "Domino
Players", into good working order, and to maintain
that systen during the term of this agreement.
C. To provide janitor service in that portion of the
building used by the "Domino Players".
If you find the terms of this agreement suitable, please sign
and return original to me. I will place the original in the
City Secretary's file and send you a certified copy.
I sincerely appreciate the County's assistance in locating a
facility for the "Domino Players".
APPROVED BY CITY OF DENTON APPROVED BY COUNTY OF DENTON
by: by: inHartung e J o n Cra oCity Manager o my City of Denton nton C y
OEM
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THE. SIATE OF TEXAS )
FUNDING AGREEMENT
COUNTY OF DENTON
This Agreement is hereby entered into by and between the
City of Denton, Texas, a Home Rule Municpal Corporation, and
the Information and Referral Service of Denton.
WITNESSETH:
WHEREAS, the Information and Referral Service provides
an important service to the citizens of Denton; and
WHEREAS, the City Council has included Five Thousand and
No/100 Dollars ($5,000.00) in the 1979-80 budget to fund
this service; and
WHEREAS, the Human Resource Committee has reviewed the
service and agreed that the service should be funded;
NOW, THREFORE, in consideration of the premises and
conditions herein contained, the parties agree as follows:
1. That the above said funds will he expended for
compensation for the Information and Referral Director and
for telephone cost directly associated with the service;
2. The Information and Referral Service will continue
to endeavor to provide the same or better level of service
as it has in the past (I f, R has normally served 200 to 300
clients per month).
3. That the Information and Referral Service will
provide a report to the City of Penton on a quarterly basis
(October 1, January 1, April 1, and July 1) or when
requested by the City. The report will cover the following
issues:
(a) The report will specify how the funds provided
were expended;
(b) The report will specify the other sources of
funding and the funding level;
(c) The report will provide a brief quantitative
and qualitative description of service
provided;
(d) The report will identify problems encountered
in funding or in provision of service;
(e) The report will provide any other information
requested by the Director of Planning and
Community Development.
IN WITNESS WHEREOF, the parties do hereby affix their
signature and enter into this funding agreement as of
the All" day of 1980.
L"
CITY OF DENTON, TEXAS INFORMATION AND REFERRAL
SERVICE
BY: BY, IY4
APPROVED AS TO LEGAL FORM
C. J. TAYLOR, JR., CITY
ATTORNEY, CITY OF DENTOA, TEXAS
BY:
otPa~ \P~e
Nan tUAsard ?y
c~outiua~ ,1480
FUNDING AGREEMENT - PAGE TWO
o4
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OATH OF OFFICE
I. N S S do solemnly
swear (or affirm) that I will faithfully" execute the duties of the
office of v %-dA
of the City of Denton, Texas, and will to the best of my ability
preserve, protect and defend the Constitution and laws of the United
States and of this State and the Charter and Ordinances of this City.
Subscribed d sworn to before me the undersigned on this the A-
day of A.D. 19" To certify which
witness an and se of office.
T
CITY OF DENTON, TEXAS
Y
ti
5-6
E.iaafy 1, 19HO
N's. Brooks Holt
City Secretary
City of Denton
b:unicipal Fuildinv
Denton, PA. 76201
Dear frooks,
As +e have previously talked, I feel that it is neces.ary
for me to resign my position on the Civil Service ;ommisgion.
Pleaae advice the Council that due to my i)re5rnt ork commitment„
I vill not be able to serve any longer. I am no- travelinrr and
do not feel that 1 9ould le able to attend meeq±inrs on a full
time basis.
Thank you for your help durinr- the. time that I have served.
Sincerely,
Steve 3elt,y
I
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AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON,
TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 22ND
DAY OF JANUARY, A. D. 1980.
R E S 0 L U T 1 0 N
WHEREAS, in order to meet present and projected water
requirements for the City of Denton, additional water resources
are required; and '
WHEREAS, Aubrey Reservoir has been included in Denton's
master plan since at least 1962 when the Cities of Denton and
Dallas agreed, in an interim water supply contract to be the
local sponsors of the Corps of Engineers' proposed Aubrey
Reservoirs and
WHEREAS, Aubrey Reservoir is the last remaining site for a
gravity flow source of water on the Elm Fork of the Trinity
River, and the last potential reservoir within Denton's water
sheds and
WHEREAS, the City of Denton and the City of Dallas hold
permits for water rights in w Aubrey Reservoir, with Denton
owning a twenty-six (268) percent share and Dallas a
seventy-four (748) percent share and sharing the costs of the
project by these same percentages and
WHEREAS, the U. S. Army Corps of Engineers in 1938 included
Aubrey Reservoir in flood control plans for the Elm Fork of the
Trinity River, and later classified and received authorization
from Congress for Aubrey Reservoir as a multiple purpose
reservoir for water supply and recreation pursuant to the River
and Harbor Act of 19651 and
WHEREAS a financial feasibility study conducted by LWFW
Inc., for the Cities of Denton and Dallas concluded that the
Aubrey Reservoir Project with construction and financing by the
U. S. Army Corps of Engineers is the most economical water
resource alternative available to the cities at this times and
WHEREAS, the two cities must enter into water supply and
recreation contracts with the federal government before
construction can begins and
WHEREAS, proposed contracts require Denton to pay its
allocated share of actual construction costs, including
interest during construction on all facilities and lands needed
for water supply and to share fifty (508) percent of such costs
with federal government for recreation) and
WHEREAS, the Corps of Engineers current estimate (in 1979
Dollars) for the total project investment is $230,451,000 of
which Denton's share is $41,513,300 (water supplyi $37,744,1001
recreations $3,769,200) to be repaid over fifty (50) years at a
specified interest rate, currently 7.23.8, with the first
payment due when facilities are completer and
WHEREAS, Denton and Dallas will be responsible for their
proportionate share of annual operations and maintenance
expenses; and
WHEREAS, the inclusion of recreation as one of the purposes
for the project makes federal participation possible and
reduces the cost to Denton for water supply; and
WHEREAS, planning for recreational activities at the
reservoir will recognize that the water level will fluctuate
quite frequently as the reservoir is used for water supply, Its
primary pu"poses
WHEREAS, it is desirable for construction of this water
supply resource to begin at the earliest possible time and
anticipated rompletion is 1990;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DENTON$ TEXAS, THAT:
SECTION I.
The Mayor be authorized to enter into water supply and
recreational contracts with the United States Army Corps of
Engineers for the Aubrey Reservoir Project after completion of
final negotiations on subject contracts.
SECTION II.
The City Manager and Finance Director be authorized to
encumber and allocate funds at the appropriate time, from Water
Utilities current funds for annual repayment of Denton's shars
of actual construction costs for water supply and recreation
and actual operation and maintenance costs for water supply;
and from the Parks and Recreation Department current funds for
operation and maintenance of recreation facilities provided
such source of funds is deemed appropriate by the Council at
the time of initial payment of recreational operation and
maintenance feed all of which the U. S. Army Corps of
Engineers estimates to be (in 1979 dollars):
WATER SUPPLY RECREATION TOTAL
Annual Capital $2,618,730 $ 261,590 $2,880,320
Cost Repayment
Annual 0 6 M Cost 44.900 1661930 211,830
Total $2,663,630 $ 428,520 $3,092,150
SECTION III.
This resolution shall take effect immediately from and
after its passage and approval In accordance with the
provisions of the Charter of the City of Denton and it is
accordingly so resolved.
PASSED AND APPROVED this the 22nd day of January, 1980.
L SH, 10. OR
CITY OF DENV)N, TEXAS
ATTESTi
BROOKS HOLT, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
C, J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
9Yr r
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.
NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE
CLOSING AND VACATING ALL OF STREET RIGHT OF WAY DESCRIBED IN
VOLUME 75, PAGE 105 OF THE DEED RECORDS OF DENTON COUNTY,
TEXAS; PROVIDING FOR THE REVFRSTON OF TF:E F-E TO SAID LANDS
AUTHORIZING NECESSARY LEGAL DOCUMENTS TO BE PREPARED AND
SIGNED; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton, Texas,
acting pursuant to law, and upon the request and petition of
the Grantee herein, deems it advisable to abandon and convey
the hereinafter described property to Grantee and is of the
opinion that the original right of way hereinafter described is
not needed for public use; and
WHEREAS, the City Council of the City of Denton is of the
opinion that the best interest and welfare of the public will
be served by abandoning and conveying the same back to Grantee;
NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS,
HEREBY ORDAINS:
SECTION I. '
That the hereinafter described property be and the same
is, hereby extinguished, va-.ated and permanently abandoned as
right of way for a public street insofar as the public are
concerned:
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 E. Puchalski Survey, Abstract No. 996, and
being part of the Hiland Park Addition as recorded in Volume
75, Page 105 of the Deed Records of Denton County, Texas, and
more particularly described as follows:
BEING a 60 foot right of way known as Wilshire Lane, beginning
at the intersection of the centerline of said Wilshire Lane and
the west right of tray line of Avenue D and extending westerly
along said centerline a distance of 135,0 feetf more or less,
to the intersection of the centerline of Wilshire Lane and the
north right of way line of Interstate highway 359 and contain-
ing 6,100 square feat of land, more or less.
SECTION lit
That the abandonment and conveyance provided for herein
shall extend to the right, title, easement and interest of the
City of Denton, and shall be construed to extend only to that
interest the governing body of the City of Denton may legally
and lawfully abandon and vacate,
SECTION III_
That this abandonment and conveyance is made subject to
all present zoning and deed restrictions, if the latter exist,
the dedication of new easements, and is subject to all existing
easement rights of others, if any, whether apparent or non-
apparent, aerial, surface, underground or otherwise.
SECTION IV.
That the City Attorney is hereby authorized to prepare and
deliver whatever legal documents are required with regard to
the area abandoned and conveyed herein, should such be
requested by Grantee hereunder, the same to be executed by the
Mayor on behalf of the City of Denton, and attested by the City
Secretary.
SECTION V.
That the City Secretary is hereby authorized to certify a
copy of this ordinance for recordation in the Deed Records of
Denton County, Texas, and a certified copy of same shall be
delivered to Grantee upon receipt of the fee for publishing
this ordinance.
SECTION VI.
This ordinance shall take effect immediately from and
after its passage and publication in accordance with the
provisions of the Charter of the City of Denton.
PASSED AND APPROVED this the 22nd day of January, 1980,
BIM M At V?f0R
CITY OF DENTON, TEXAS
ATTES
BROOKS HOLT, CItY SECRETARY
,CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL F'ORMI
IT NEY
CIT OIL DEN ON, TEXAS
•
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NO. So -3
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE
CLOSING AND VACATING ALL OF THE UTILITY EASF.MRNT DESCRIBED IN A
CERTAIN EASEMENT DATED OCTOBER 31, 1979, AND FILED OF RECORD IN
VOLUME 984, PAGE 90 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS
FROM HARRY R. BERGERUD AND WIFE, GLADYS J. BERGERUD TO THE CITY
OF DENTON# TEXAS; PROVIDING FOR THE REVERSION OF THE FEE TO
SAID LAND; AUTHORIZING NECESSARY LEGAL DOCUMENTS TO BE PREPARED
AND SIGNED; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton, Texas,
acting pursuant to law, and upon the request and petition of
the Grantee herein, deems it advisable to abandon and convey
the hereinafter described utility easement to Grantee and is of
the opinion that the original utility easement hereinafter
described is not needed for public use; and
WHEREAS, the City Council of the City of Denton is of the
opinion that the best interest and welfare of the public will
be served by abandoning and conveying the same back to Grantee;
NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS,
HEREBY ORDAINS:
SECTION I.
That the hereinafter described public utility easement be
and the same is, hereby extinguished, vacated and permanently
abandoned as an easement for public utilities insofar as the
right, title and easement of the public are concernedt
A11 that certain lot, tract or parcel of land lying and being
situated in the J. McGowan Survey, Abstract No, 7971 and being
part of Lot No. 24, Block B of the Timber Oaks Estates, an
addition to the City and County of Denton, and also being part
of a tract of land as conveyed from Jason Homes, Inc. to Harry
R. Bergerud and wife, Gladys J. Bergerud by deed dated Septmber
17, 1979 and recorded in Volume 975, Page 491 of the Der.6
Records of Denton County, Texas, and more particularly
described as follows:
BEING the west 5,0 feet of said tract and being 117,00 feet in
length and containing 585.00 square feet of land, more or less.
SECTION II.
That the abandonment and conveyance provided for herein
shall extend to the right, title, easement and interest of the
City of Denton, and shall be construed to extend only to that
interest the governing body of the City of Denton may legally
and lawfully abandon and vacate.
SECTION III.
That this abandonment and conveyance is made subject to
all present zoning and deed restrictions, if the latter exist,
the dedication of new easements, and is subject to all existing
easement rights of others, if any, whether apparc:.c or non-
apparent, aerial, surface, underground or otherwise.
SECTION IV.
That the City Attorney is hereby authorized to prepare and
deliver whatever legal documents are required with regard to
the area abandoned and conveyed nerein, should such be
re,Tuested by Grantee hereunder, the same to be executed by the
Mayor on behalf of the City of Denton, and attested by the City
Secretary.
SECTION V.
That the City Secretary is hereby authorized to certify a
copy of this ordinance for recordation in the Deed Records of
Denton County, Texas, and a certified copy of same shall be
delivered to Grantee upon receipt of the fee for publishing
this ordinance.
SECTION VI.
This ordinance shall take effect immediately from and
after its passage and publication in accordance with the
provisions of the Charter of the City of Denton.
PASSED AND APPROVED this the22nd day of .7anuary, 1980.
1
t-SIWNASH, MAYOR
CITY OE' DENTON, TEXAS
ATTEST:
BR K , CITY %SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
C. O. TAYLOR, 3R., CITY ATTORNEY
CITY OF DENTON, TEXAS
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AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON,
TEXASr HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 22ND
rl.; DAY OF JANUARY, A. D. 1980.
`f R E S O L U T I O N
-,r
WHEREAS, the City Council of the City of Denton, Texas finds
r,
}
'r it of grave public necessity to amend the City of Denton budget
as adopted for the fiscal year of 1979-80 in order to meet
unusual and unforseen conditions with regard to funding of the
Community Development Program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DENTON, TEXAS:
a` 1. That the official budget of the City of Denton, Texas
for the fiscal year of 1979-80 be amended to increase appro-
priations in the General Fund in the amount of $107,000.
2. That a copy of this resolution by the City Council be
filed with the City Secretary and published in the next avail-
able issue of the official newspaper of the City of Denton.
3. That a copy of this resolution be attached to the
official 1979-80 budget as originally adopted.
4. That this resolution be effective immediately from and
upon its passage an approval by the City Council of the City of
Denton, Texas.
PASSED AND APPROVED this the 22nd day of January, A.D. 1980.
A H, OR
CITY OF DENTON, TEXAS
ATTEST:
I
BROOKS HOLT, CITY-SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTONr TEXAS
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ME STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON
I, Brooks Holt, City Secretary of the City of Denton, Texas, do
hereby CERTIFY that the attached is a true and correct copy of
ordinance #79-86 (Spanish) , passed and approved by the
City Council of the City of Denton, Texas, on the 11th day of
December 1979 as same appears of record in my
office in File 4840
In Witness Meereof, I have hereunto set my hand and the official
seal of the City of Denton, Texas this 21st day of January
A.D. 19 80
1 rocks Holt
City Secretary
City of Denton, Texas
' t
,
r
ORDINANCE NO. ?Q
-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE HOME RULE
CHARTER AMENDMENTS ELECTION HELD ON JANUARY 191 1980 IN THE CITY OF
DENTON, TEXAS; DECLARING THAT AMENDMENTS NUMBERS
1,2,3,4,5,6,7,8,9,10,11,12,13,14,15,16,17,18,19 and 20 WERE ADOPTED;
DIRECTING THE CITY SECRETARY TO CERTIFY TO THE SECRETARY OF STATE OF
TEXAS AND AUTHENTICATED COPY OF THIS ORDINANCE AND OF ORDINANCE NO.
79-86 CALLING THE ELECTION FOR THE SUBMISSION OF THE PROPOSED
CHARTER AMENDMENTS; DIRECTING THE CITY SECRETARY TO RECORD THE
ADOPTED AMENDMENTS IN THE OFFICIAL RECORDS OF THE CITY OF DENTON,
TEXAS; DECLARING AN EMERGENCY AND EFFECTIVE DATE.
WHEREAS, under and by virtue of Ordinance No. 79-86 duly passed
by the City Council of the City of Denton, Texas on the 11th day of
December, 1979, twenty proposed amendments to the home-rule charter
of the City of Denton, Texas were submitted to the qualified voters
of the City of Denton, Texas at an election duly called and held on
the 19th day of January, 3980, an authenticated copy of which is
attached hereto as Exhibit "A" and made a part hereof for all
purposes; and
WHEREAS, public notice of such election was duly given and such
election was duly and properly held and administered in accordance
with the laws of the State of Texas and the Charter of the City of
Denton, Texas; and
WHEREAS, on this the 22nd day of January, 1980 at a meeting of
the City Council of the City of Denton, Texas with a quorum of the
City Council being present, the meeting was called to order and
whereupon the said official returns were opened, examined,
canvassed, an the results declared as follows:
AMENDMENT NO. 1 For - 807 Against - 550
AMENDMENT N0. 2 For - 890 Against - 336
AMENDMENT NO. 3 For - 1159 Against - 182
AMENDMENT NO. 4 For - 1012 Against - 342
AMENDMENT NO. 5 For - 1009 Against - 294
AMENDMENT NO. 6 For - 1172 Against - 163
AMENDMENT NO. 7 For - 1104 Against - 228
AMENDMENT NO. 8 For - 978 Against - 272
AMENDMENT NO. 9 For - 1143 Against - 214
AMENDMENT NO. 10 For - 1173 Against - 176
AMENDMENT NO. 11 For - 1165 Against - 183
AMENDMENT NO. 12 For - 1102 Against - 231
AMENDMENT NO. 13 For - 1163 Against - 165
AMENDMENT NO. 14 For - 1.065 Against - 287
AMENDMENT NO. 15 For - 1207 Against - 139
AMENDMENT NO. 16 For - 1219 Against - 138
AMENDMENT NO. 17 For - 1162 Against - 190
AMENDMENT NO. 18 For - 1173 Against - 164
AMENDMENT NO. 19 For - 1132 Against - 229
AMENDMENT NO. 20 For - 1172 Against - 149
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. It appearing that a majority of the qualified
voters of the City of Denton, Texas, voting at said election, voted
"For" the following proposed amendments to the Charter of the City
of Denton, Texas;
AMENDMENTS NUMBERED 1, 2, 3, 4, 5, 6, 7, 8, 91
10, 11, 12, 13, 140 15, 16, 17, 18, 19 and 20
it is hereby declared and ordered that the Charter shall be amended
to conform to Amendments Numbered 1, 2, 3, 40 5, 6, 7, 8, 90 10, 11,
12, 13, 14, 15, 16, 17, 18, 19 and 20, and the same are declared to
be adopted.
SECTION II. It 1-3 further ordered that the City Secretary, as
soon as practicable, shall certify to the Secretary of State of
Texas an authenticated copy of this Ordinance and of Ordinance
Number 79-86 of the City of Denton calling the election for tine
submission of the proposed Charter amendments, and that such be
furnished under tt~e seal of the City of Denton, Texas showing
approval by a majority of the qualified voters voting at such
election of the amendments above.
SEC:I-4N III. It is further ordered that the City Secretary
enter this Ordinance upon the records of the City by placing the
original thereof in original Ordinance Hook of the City of Denton,
kept in the office of the City Secretary. Upon the recording of
this official Ordinance declaring the above numbered amendments to
be adopted, such amendments shall be considered adopted as a public
act of the City of Denton and all courts shall take judicial notice
of the same and no proof shall be required of such amendments in any
court.
SECTION IV. The public importance of the adoption of
amendments to the Charter of the City of Denton constitutes an
emergency and creates a public necessity for the immediate
preservation of the public business, property, health and safety of
the citizens of said city which requires that this Ordinance
declaring the results of the election, canvassing the returns, and
ordering the same entered upon the records of the City be passed and
take effect as an emergency measure, and it is accordingly ordained
that this Ordinance shall be in full force and effect immediately
from and after its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF DENTON,
TEXAS on this 22nd day of January, 1980.
APPROVED:
% .0~ /
NA AffrW CITY OF DENTON, TEXAS
ATTES .
00KS HOLT, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C.J. JR CITY TO EY
CITY F DENTON TEXAS
THE STATE 0' F TEXAS
COUNTY OF DENTON f.
CITY OF DENTON t
Is Brooks Holt, City Secretary of the City of Denton, Texas, do
hereby CERTIFY that the attached is a true and correct copy of
Ordinance N79-86 (English) passed and approved by the
City Council--of tre City o; Denton, Texas, on the 11th day of
December , 1979 as same appears o- record in my
ofTice in Fi a No. 4840
In Witness 4Ihereof, I have hereunto set my hand and the official
seal of the City of Denton, Texas this 21st day of January
A.D. 19 80
i
8rn0!;; Ho t
City Secretary
City of Denton, Texas
ORDINANCE NO. 79-86
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR ThE
SUBMISSION OF CERTAIN PROPOSED CHARTER AMENDMENTS TO ThE VOTERS AT
A SPECIAL MUNICIPAL ELECTION TO BE HELD ON JANUARY 19, 1980; DESIGNA-
TING THE POLLING PLACES AND THE HOURS OF VOTING; APPOINTING ELECTION
JUDGES AND PROVIDING THE MANNER IN WhICH NOTIC OF SUCH ELECTION
SHALL BE GIVEN.
THE COUNCIL CF THE, CITY Or DENTON hEREBY ORDAINS:
SECTION 1. That in accordance with the provisions of Article
1170 of Vernon's Revised Civil Statutes (.)f the State of Texas, there
shall be submitted to the voters of the City of Denton at a special
municipal election to be help on January 19, 1980, the following
proposed amendments to the Home Rule Charter of the City of Denton.
•
SECTION 2. That said amendments to the Home Rule Charter to
be submitted to the qualified voters are as follows:
AMENDMENT WiBLR 1
That Section 2.01 be amended so as to hereafter provide as
follows, to-wit:
"Section 2.01. Number, Selection and Terra.
(a) The City Council shall have seven 7 members, six
(6) councilpersons and a Mayor. The manner of their
election is prescribed herein. Each councilperson shall
be elected to ana occupy a place on the Council, such
places being numbered one, two, three, four, five and
six. The Mayor's position on the Council shall be place
seven.
(b) Four (4) members of the Council whose positions shall
be places one, two, three and four, shall be residents of
and elected by the qualified voters of single-member geo-
graphical districts of the City, known as districts one,
two, three and four, as such districts may from time to
time be lete.-mired by the City Council in accordance with
Section 2.0•1(d), and created and described by ordinance.
Two (2) members of the Council and the tayor shall be
elected by the qualified voters of the entire City, commonly
known as at large. One (1) at large member, place five
shall be a resident of district one or two, and one (1)
at large member, place six, shall be a resident of district
three or four.
(c) All members of the Council and the Mayor shall be elected
for two (2) year terms and shall not be eligible for election
to more than three (3) consecutive two (2) year terms, such
terms to commence with the first two (2) year term to which
such member or Mayor is elected after the adoption of this
section.
(d) The Council small from tir,e to tive create and
describe by ordinance election districts known as
districts one, two, three and four. Such districts
shall be created so that each will contain, as nearly
as possible, a population equivalent to the others,
according to the latest available census data."
That Section 3.01(b) shall be amended and Sections 3.01(c),
(d) and (e) shall be added. so as to hereaftei provda as follows,
to-wit:
"Section 3.01. Municipal Elections.
(b) On the first Saturday in April immediately following
adoption of Section 2.01, and the drawing of election
district boundaries by the Council, the voters shall
elect:
(1) The Mayor, place 7, for a term of two (2)
years.
(2) Two councilmembers, places 5 and 6, for
terms of two (2) years each.
(3) One councilmember for an interim term of
one (1) year. This position shall be denomi-
natea for such interim term as place 4 and
such councilmember shall be elected from the
City at large and may be a resident of any
district.
At the next following regular annual municipal election
aft,3r the one referred to above in this section, the dis-
trict and at large system provided in Section 2.01 shall
take full effect.
(c) Councilmembers holding office at the time the charter
amendments to Section 2.01 are adopted (places 1, 2 and 3)
shall serve the remainuer of their unexpired terms as at
large members of the Council.
(d) If any councilmember whose term would not otherwise
expire at the time of the canvass of the results of the
election specified in Section 3.01(b) shall enter said
election, such councilmember!s term shall be deemed to
have been vacated at the time of the canvass of said
election results, whether the candidacy of said council-
member is successful or not.
(e) Neither the Mayor nor any member of the Council
shall become a candidate for election to any position
on the Council, other than for re-election to the
same seat, unless such candidate shall first submit
to the City Secretary his written resignation from the
Council to be effective at the time of the canvass of
the results of the next regularly scheduled election.
If such Candidate's unexpired term would otherwise
extend beyond the date of such canvass, the City Secre-
tary shall notify the Council and an election shall be
held on the date of the next regularly scheduled election
to fill the unexpired term of said resigning council-
member.
That Section 2.06(a) be amended so as to hereafter provide
as follows, to-wit:
"(a) A majority of the members of the Council shall
constitute a quorum for the transaction of business,
and the affirmative vote of a majority of the Council
shall be necessary to repeal any ordinance or take
any official action in the name of the City, except
as othewise provided in this Charter or by the general
laws of the State of Texas."
FOR AGAINST
2. 3'0 y
AMENDMENT NUMBER 2
That Section 9.01 be amended so as. to add subsection (d)
to read as follows, to-wit:
"(d) No revenue bond issue in excess of One Million Collars
shall be ordered by the City Council until a non-bonding
referendum election has been held to determine approval
or disapproval of such issue by a majority of the quali-
fied voters voting at such election."
FOR AGAINST
AMENDMENT NUMBER 3
That Section 2.02(a)(5) be amended so as to hereafter pro-
vide as follows, to-wit:
"(a) (5) Shall not be interested in the emoluments of
any contract, job, work or service of or with the city,
or interested in the sale to or by the city of any
articles, materials, supplies or equipment; and"
FOR AGAINST
AMENDMENT NUMBER 4
That Section 2.03 be amended so as to hereafter provide as
follows, to-wit:
"Section 2.03. Presiding officer: Mayor and Mayor
Pro Tem. _
The Mayor shall preside at the meetings of the
Council and shall be recognized as head of the City
government for all ceremonial purposes and by the
Governor for purposes of martial law, but shall not
interfere with the managerial duties and responsi-
bilities of the City Manager. The Mayor shall have
all the same powers and privileges as any other
councilmember, including entitlement to vote upon all
matters considered by the Council, but shall have no
veto power. The Council shall, as soon as possible
after the annual election, elect from its membership
a Mayor Pro Tem. The Mayor Pro Tem shall act as Mayor
during the absence or disability of the Mayor and if
a vacancy occurs shall become Mayor for the completion
of the unexpired term."
FOR AGAINST
-3-
S" , k,
AMENDMENT NUMBER 5
That Section 2.08, subsections (b) and (s), be amended so
as to hereafter provide as follows, f.o-wit:
"(b) Appoint and remove the City Attorney and the Muni-
cipal Court Judge.
fn) Perform the districting and r,distric.-ny f,inction."
FOR AGAINST
AMENDMENT NUMBER .6
That Section 3.04(b) shall hereafter provide that runoff
elections shall be held no later than the twenty-eighth (28th)
day after the first election.
FOR AGAINST
AMENDMENT NUMBER Z.
That Section 4.13(a) be amended so as to hereafter provide
as follows, to-wit:
"(a) All papers comprising a recall petition shall be
assembled and filed with the City Secretary as one
instrtunent. Within seven (7) days after a petition
is filed, the City Secretary shall determine whether
each paper bears the names of five (5) electors who
constitute a committee of the petitioners, and the
required affidavit of the circulator thereof, and
whether the petition is signed by qualified voters of
the constituency of the councilmember whose removal
is sought equal in number to at least twenty-five
percent (258) of the number of the votes cast for that
councilmember and all of his opponents in the last
preceding general municipal election in which he was a
candidate. As used herein 'constituent!' shall mean
the qualified voters eligible to vote for the council-
member whose removal is sought, either by geographical
district or at large, as the case may be."
FOR AGAINST
w' END:-.c:NT NU24BER g
That Section 4.16 be amended so as to hereafter provide as
follows, to-wit:
"Section 4.16. Limitations on Recalls.
No petition si'a-117-Ee filed age nst a councilmember r'
within six (6) months after he takes office nor against
a councilmember who has been subjected to a recall election
and not removed thereby until at least six (6) months
after such election. Should a regular election occur
during the time when a recall petition is currant and
should the person(s) being recalled be re-elected, the
recall petition shall be null and void."
FOR _ AGAINST
-4- be 'r
AMENDIENT NUMBER Q
That Section 5.01 be amended so as to provide that any person
who is appointed City Manager must have had at least two (2) years
of experience as a City Manager or Assistant City lianager cr the
equivalent thereof.
FOR AGAINST
ALEW*)~iENT NUMBER 10
That Section 5.05 be amended so as to hereafter provide as
follows, to-wit:
"Section 5.05. Administrative departments.
The City Manager is ere y aut orized to organize the
employees of the City into various uepartments and di-
visions with the concurrence of the City Council."
FOR AGAINST
AMENCMI.NT NUN:BEP.. 11 '
That Article VI re amended so as to be denominated "City
Attorney and Municipal Court" and that all references in Sections
6.02 and 6.03 be changed from "corporation" court to "municipal"
9
court.
FOR AGAIitST
AMENDMENT NUMBER 12
That Article VII be amended so as to be denominated "Revenue
and Taxation" and that Section 7.16 be ascended so as Lo hereafter
provide as follows, to-wit:
"Section 7.16. Property subject to tax.
The City Council is cut or ze to levy and collect such
taxes as are allowed by State law and in such manner as
prescribed by State law."
FOR AGAINST
AMENDMENT NUMBER 13
That. Section 8.06 be amended so as to hereafter provide as
follows, to-wit:
"Section 6.06. Budget establishes appropriations and tax layK.
Upon final adopt on, t e budget Fla e in e sect or
Cie budget year. Final adoption of the budget by the council
shall constitute the official appropriation of the several
j y
amounts stated therein as proposed expenditures for the
budget year. A copy of the budget as finally adopted
shall be filed with the city secretary, the county clerk
of Denton County and the state comptroller of public ac-
counts in Austin. All appropriations that have not been
expended or lawfully encumbered shall lapse at the end of
the budget year."
FOR AGAINST
AMENDMENT NUMBER 14
That Section 8.08 be amended so as to hereafter provide as follows,
follows, to-wit:
"Section 8.08. Amending the budget.
In case of grave public necessity, ty, emergency expenditures
to meet unusual and unforeseen conditions, which could not
by diligent thought and attention have been included in the
original budget, may be authorized by the affirmative vote
of at least five (S) of the members of the council as an
amendment to the original budget. In every case where such
amendment is made, a copy of the ordinance adopting the
amendment shall be filed with the city secretary, published
in the next issue of the official newspaper of the city, and
attached to the budget originally adopted."
FOR AGAINST
AMENDMENT NUMBER 15
That Section 14.02 be amended so as to hereafter provide as follows,
to-wit:
"Section 14.02. Publicity of records.
All public records co ecte , assembled, or maintained
by the city in accordance with the transaction of official
business shall be available to the public during norLtal
business hours, subject to the exceptions and regulations
authorized by applicable state law."
FOR AGAINST
AMENDMENT NUMBER lb
That Section 14.04 be amended so as to hereafter provide as follows,
to-W! t t
i
"Section 14.04. Personal interest.
No officer or emp .oyee o the City of Denton shall have
'a financial interest, direct or :,ndirect, in any c(~rtract
with the City, or be financially interested, directly or in-
directly, in the sale to or by the city of any lana, materi-
als, supplies or services, except on behalf of the City as
an offices or eniployec. Any willful violation of this section
shall constitute malfeasance in office, and any offier or
employee guilty thereof sliall forfeit his office or position."
rOR AGAINST
yo Y
AMENDMENT NUMBER 17
That Section 14.16 be amended so as to hereafter provide
as follows, to-wit:
"Section 14.16. Boards and commissions.
Members of boards and commissions o the City of
Denton shall serve at the pleasure of the council.
K-mbers of such Dvaras and commissions may be removed
by the council only for cause and only after being
given notice by the council."
FOR _ AGAINST
AMENDMENT NUMBER 18
That certain administ acive sections of the Charter be deleted
because they duplicate State Law, can be provided by ordinance or
are unnecessary, such sections being numbered 5.06, 5.07, 6.04,
7.01, 7.02, 7.03, 7.04, 7.05, 7.06, 7.07, 7.08, 7.09, 7.10, 7.11,
7.12, 7.130 7.141 7.15, 7.17, 7.18, 7.19, 7.20, 7.211 7.22, 7.23,
10.010 10.19, 11.010 12.06, 14.01, 14.08, and 14.09; and that bt-
cause of such deletions, certain sections be renumbered, to-wit:
7.16 to 7.01, 7.24 to 7.02, 7.25 to 7.03, 7.26 to 7.04,
7,27 to 7.05, 7.28 to 7.06 and 7.29 to 7.07.
FOR AGAINST
AMENDMENT NUMBER 19
That Section 2.05(d) be deleted.
FOR AGAINST
AMENDMENT NUMBER 20
That Section 10,08 be amended to conform the Charter to State
law by deleting the words "within five (5) miles of the corporate
limits of the City" and inserting therefor the words "withit, the
area under the extraterritorial juripjiction of the City".
FOR AGAINST
jECTIOn 3. The polling places of snid election shall be located
in the Community Building in the Civic: Center on East McKinney Street,
Denton, texas, arid shall be open from 7:00 a.m. to 7:00 p.m. on the
day of the election, a
-7-
SECTION 4. That said election for the adoption of amendments
to the Home Rule Charter shall be held in accordance with the re-
quirements of the Election Code of the State of Texas.
SECTION 5. None but legally qualified voters of the City of
Denton shall be entitled to vote at said election.
SECT7'_LJ 6. Notice of the election for the submission of the
amendments shall be given by publication of this ordinance in the
official newspaper of the City of Denton on the same day in each
of two successive weeks, the date of the first publication to
be not less than fourteen (14) days prior to the date set for the
election. Notice of said election shall also be posted in three
(3) public places within the limits of the City at least thirty
(30) days before the election date. The return of such posting
shall be made by affidavit of the City Secretary.
SECTION 7. That Lee Knox be, and he is hereby, appointed
presiding Judge of said election at the polling place and that
Bob Miller be, and he is hereby,appointed alternate presiding
Judge of said election at the polling place, and the presiding
Judge shall appoint as many election clerks as are necessary for
the proper conduct of the election. All Judges and clerks shall
be qualified voters of U e City. After holding saiu election, the
election Judge shall promptly make iris return to the City Secre-
tary and to the Mayor, and the Secretary shall thereafter present
such returns to the City Council for canvassing of said election.
The presiding election Judge shall be paid the sum of
per hour, plus an additional sum of for his services
in delivering the returns of the election. The alternate presiding
election Judge shall be paid the sum of $ ; per hour and
each election Judge shall be paid the sum of $ per hour
for their services in holding said election. Such payments small
not exceed the maximum amounts aet out in Article 3.08, Texas
Election Code, to-wit: $3.50 per hour for each election official,
plus an additional amount paiu to the presidirg judge for delivering
-8-
the returns, not to exceed twenty dollars ($20.00).
SECTION 8. Absentee voting for such election shall be held
at the regular office of the City Secretary at the Denton City Hall
and said place of absentee voting shall remain open for at least
eight (8) -hours on each day of absentee vot~nq which is not
I Saturday, Sunday or an official State holiday, beginning on the
twentieth (20th) day and continuing through the fourth (4th) day
preceding the date of said election. Said place of absentee voting
shall remain open between the hours of 1_'-o'clock a.m. ana f
o'clock p.m.
SECTION 9. This ordinance shall take effect immediately from
and after its passage as the law in such cases provides.
DULY PASSED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
s
ThIS THE DAY OF DEMWE.R, 1979.
APPROVED:
eYo
ATTEST:
C T f,CP.hT RY
APPROVED AS TO LEGAL FORM:
C CI !'TOR
d
a ~
RELEASE o
DEED RE ORO
THE STATE OF TEXAS ( - j
';NOW ALL MEN BY THESE PRE$CNTS:
COUNTY OF DENTON ) 11068
WHEREAS, the City Council of the City of Denton, Texas, has
heretofore by Ordinance No. 69-33, duly enacted on the 9th day
of September, 1969, determined the necessity for and ordered the
improvement of Gast Prairie Street in the City of Denton, Texas,
in the manner and according to the plans and specifications
therefore, which plans and specifications have heretofore been
approved and adopted by said ('pity Council; and
r
WHEREAS, a notice duly executed in the name of the City of
Denton, Texas, of the enactment of the said above described
ordinance has heretofore on the 12th day of September, 1969,
been filed in the Deed Records of Denton County, Texas, 'in
Volume 591, Page 236; and
WIiEREAS, the City Council of the City of Denton, Texas, by
Ordinance No. 69-33, duly enacted on the 12th day of September,
1969, declared the liability of the adjacent property owners for
a portion of the cost of improving the said portion of East
Prairie Street, and declared the same to be a lien upon the said
abutting properties; and
WHEREAS, in the aforesaid instruments, Lot 136, Block 272 in
the name of Burnett and Loretta Flemmings was shown to be
7 specially assessed in the amount of One Hundred Ninety-Seven and
No/100 Dollars $197.00; and
i WHEREAS, the property owner's share of the cost of improving
East Prairie Street in the City of Denton, Texas is One Hundred
• Ninety Seven and 14o/100 Dollars $197.00; now, therefore,
In consideration of the purchase of 4,350 square feet of
land out of Lot 136, Block 272 for drainage improvements on said
.i
tract, the sriid City of Denton, Texas, does hereby forever
release and discharge the said Burnett and Loretta Flemmings
their heirs and assigns, and Lot 136, Block 272 as shown on the
r YL'L1002 IME 3'
City Map of the said City of Denton, Texas, from any and all
special assessment liens and claims arising by virtue of the
improvements to East Prairie Street in the City of Denton,
Texas, described in the aforesaid ordinances by the City Council
of said City, and in the aforesaid notice recorded in Volume
591, Page 236 of the reed Records of Denton County, Texas.
EXECUTED this the /50'day of A. D. 1979 0
CITY OF DENTO TEXAS
BY:
LL NAb-Hq MAYOR
ATTEST:
BROOKS HOLT* T 9ECRETARY
CITY OF DENTON, TEXAS
' rJ
.
i 1
• ' I
1 I
PAGE WO - RELEASE - FLEMMING PAVING ASSESSMENT
I..
. '..r '.w+:., .,....W ~wrw •wh..~.Mh+., Ai.~wltrni~iirY.WLL..ia.wwlre' .x..r._...hWii.
THE STATE OF TEXAS )
COUNTY OF DENTON )
BEFORE ME, the un(?Prsfgned authcri y, in and for 'said Cou%q,
.Texas, on this day personally appeared Bill Nash, Mayor of the City
of Denton, Texas., known to me to be the person and officer whose
name is subscribed to the foregoing instrument and acknowledged to
me that the same was the act of the said City Council of the City of
Denton, Texas, a Municipal Corporation, and that he executed the
same as the act of said Municipal Corporation for the purposes and
consideration therein expresses, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This the 15th day of
January, 1980.
~Ind Z
N TAR P BLIC IN AND
DATON COUNTY, TEXAS
My Commission expires March 31, 1981.
i
PAGE THREE - RELEASE - FLEMING PAVING ASSESSMENT
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EXHIBIT "A"
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 H. S!sco Survey, Abstract No. 1184, and also
beinq part of a tract of ] rn,! cs coriveycd from N. D. Sheppard to
Burnett Flemings and wife, Loretta Flemings by deed dated April
23, 1970 and recorded in Volume 601, Page 379 of the Deed Records
of Denton County, Texas, and more particularly described as
follows:
BEGINNING at a point 205.76 feet, more or less, south of the
northwest corner of Burnett and Loretta Flemings tract and said
point also being in the west boundary line of said tract;
THENCE south 87 degrees 52 minutes 08 seconds east a distance of
28.92 feet to the beginning of a curve to the left, said curve
having a central angle of 91 degrees 49 minutes 40 seconds, radius
of 117.86 feet, tangent of 121.68 feet;
THENCE northerly along said curve, an arc distance of 188.89 feet
to a point;
THENCE north 0 degrees 18 minutes 12 seconds east a distance of 58
feet to a point for a corner in t'he center of an existing branch,
said center of branch being the east boundary line of said tract;
THENCE in southerly direction with the centerline of the existing
branch to a point in the south boundary line of the H. Sisco
Survey, said point also being the south boundary line of the
Flemings tract;
-r THENCE west with the south boundary line of H. 5isco Survey, 150
feet, more or less, to a point for a corner, said point being the
southwest corner of the Flemings tract;
THENCE north 52.24 feet, more or less, along the east boundary
line of C. P. Reed tract to the place of beginning and containing
approximately 4,350 square feet of land, more or less.
a
q: Ka. Si. y tYi Y a.
y ~
. YOI~~UU NAGE 4J~
PARTIAL RELEASE
~E V Lliarnu.~
THE STATE OF TEXAS
COUNTY OF DE!]TON KNOW , ALL MEN BY THESE PRESENTS:
)
That in consideration of the payment of One DolZar29 67
($1.00)
and other good and valuable consideration, of one certain
mechanitc's lien described in a certain Deed executed by Burnett
Fleming and wife, Loretta Fleming payable to Empire Mortgage
Corporation dated October 31, 1978, and recorded in Volume 74,
Page 306 of the Deed of Trust Records of Denton County, Texas,
the owner and holder of said note, does hereby release the
mechanic's lien shown by said Mechanic's Lien Records to exist
upon the following described land, to secure payment of said note:
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 H. Sisco Survey, Abstract No. 1184, and also
being part of a tract of land as conveyed from M. D. Sheppard to
Burnett Flemings and wife, Loretta Flemings by deed dated April
23, 1970 and recorded in Volume 601, Page 379 of the Deed Records
of Denton County, Texas, and more particularly described as
follows:
13EGI14NING at a point 205.76 feet, more or lesu, south of the
northwest corner of Burnett and Loretta Flemings tract and said
point also being in the west boundary line of said ttact;
THENCE south 87 degrees 52 minutes 08 seconds east a distance of
28.92 feet to the beginning of a curve to the left, said curve
having a central angle of 91 degrees 49 minutes 40 seconds,
radius of 117.66 feet, tangent of 121.68 feet;
THENCE northerly along said'curva, an arc distance of 188.89 feet
to a point;
THENCE north 0 degrees 18 minutes 12 seconds ea3t a distance of
58 feet to a point for a corner in the center of an existing
branch, said center of branch being the east boundary line of
said tract;
THENCE in southerly direction with the centerline of the existing
branch to a point in the south boundary line of the H. Sisco
survey, said point alro being the south boundary line of the
Flemings tract;
J.
THENCE west with the south boundary line of 11, Sisco Survey, 150
feet, more or less, to a point for a corner, said point being the
y southwest corner of the Flemings tracts
THENCE north '52.24 feet, more or less, along the east boundary
line of C. P. Reed tract to the place of beginning and containing
approximately 4,350 square feet of land, more or less.
. A
I
That this is a partial release, only releasing the mechanic's
lien as to the property described above and not to the whole
tract.
WITNESS my hand this the day of January, A. D. 1980.
EMPIRE MORTGAGE CORPORATION
BY: ` 4_
THE STATE OF TEXAS )
COUNTY OF -BE2iTON )
BEFORE ME, the undersigned authorit~in and for said County,
Texas, on this day personally appeared of
Empire Mortgage Corporation known to me-to be the person and
officer whose name is 'subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the purposes and
consideration therein expressed, and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This the _ day of
January, A. D. 1980.
N ARY PUBLIC IN AND R
innuff-Inm
« SCOUNTY, TEXAS
My Commission expires
PARTIAL RELEASE PAGE TWO
X
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tJkVFE TITLE INSURANCE Company of Dallas
PURCHASER'S STATEMENT
1-23-80 21420
DATE - - GF NO
SALE FROM Burnet t_ Flemings, etux TO --City of _Denton,Texes. `
Part of H.Sisco Sur. Abst.1185, in City of Penton, Texas
PROPERTY
PURCHASE PRICE ! 1, 100._00_
PLUS CHARGES 11,00 (6,
Filing fees to County Clerk WD_-- REL30 00 -DT 41.00 -
TST+ Agmt - Aff 1
Loan charges and fees due to
-
loan transfer fee or assumption fee 1
Fees to - Tale Con pane
Title Policy. Owner 105 - 00 Morige ee Binder
Escrow 0 •Z- Restrn bons
1135.00
Tax Certificates State and County
C ty and School -
_ Other 19,n0
-197 _3_979 City taxes-- A 1 -190-•B7_
Survey fee lo- /
Attorney's fees for preparation of papers to
Flood insurance premium 10 Hazard insurance premium to
Tex and insurance escrowed with
mos tax deposit@ per mo
mos hazrrd insurance@ ---per mo
mos flood insurance@ per mo
mos mortgage insurance @ parr1o
Interest from to
Proration of hazard insurance from to /
Proration of flood insurance from _ to
Maintenance charge proration from to 1
Tax proration from _ to - _ 1
1
Escrowed accounts with lender purchased from Seder
TOTAL CHARGES 1 375.87
GROSS AMOUNT DUE BY PURCHASER 11,475-e7~
LESS: CREDITS
Down payment or earnest money paid to - 1 -
Losnfrom Note assumed
Interest proration from to 1
Tax proration from
1
Rent proration from
Other Credit
TOTAL CREDITS 1 0 000 00
BALANCE DUE BY/SfiPURCHASER 11,475.87
Purchaser understands the Closing of Escrow Agent has assembled this information represantirq the iranseclI from
the best information available from other sources and cannot guarantee the accuracy thereof. Any real estate agent or : lder
Involved may be furnished a cony of this Statement.
Purchaser understands that tax and insurance prorstions and reserves were based on figures for the preceding year w
supplied by others or esfimatea for currant year, and in the went of any change for current year, all necessary sAuatrrients
mull be made between Purchaser and Seller direct,
the undersigned hereby authorizes to make expenditures and
disburtemanes as shown above and approves same for payment. The undersigned also acknowledges receipt of Loan funds.
N Applicable, in the amount shown above and a receipt of a copy of this SAteme
`CLOSING OR ESCROW AGENT ADORESS "r
A
_ _ von racE I~ _
THE STATE OF TEXAS,
COUNTY OF DENTON j KNOW ALL MEN BY THEM PRESENTS:
DEED i7EC0R0$• '
That THE CITY OF LENTON, TEXAS
2828
of the County of DENTON and State of TEXAS , for and in consideration of
the sum of f
--------------------ONE h NI01100..............
DOLLARS,
to it in hand paid by HARRY R. BERGERUD AND WIFE, GLADYS J. BERGERUD
of the County of DENTON and State of TEXAS , the receipt of which
is hereby acknowledged, do, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER !
QUIT CLAIM unto the said HARRY R. BERGERUD AND WIFE, GLADYS J. BERGERUD
I
the f r helm and assigns, all its right title and interest in and to that certain tract or par•
cel 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 J. McGowart Survey, Abstract No. 797, and being part of Lot No. 240?'
Block B of the Timber Oaks Estates, an addition to the City and County of
Denton, and also being part of a tract of land as conveyed from Jason
Homes, Inc. to Harry R. Bergerud and wife, Gladys J. Bergerud by deed
dated Septmber 17, 1979 and recorded in Volume 975, Page 491 of the Deed
Records of Denton County, Texas, and more particularly described asj
follows: II
BEING the west 5.0 feet cf said tract and being 117.00 feet in length and!
containing 585.00 square feet of land, more or less.
i
i i
r
i TO HAVE AND TO HOLD the said
premises, together with aU and singular the rights, priti-
loges and appurtenances thereto in any manner belonging unto the acid HARRY R. BERGERUD
AND WIFE, GLADYS J. BERGERUD,
their heirs and assigns, forever, so that neither the said
k CITY OF DENTON, TEXAS, ITS SUCCESSORS
?bai8t I(A Knor any person or persons claiming under It shall, at any time hereafter,
have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part there-
.
t
ofl Jr Et
. ti
my hand at Denton, Texas this
day of January A. D. It 80
Witno4,.ja t of ariatort CITY OF -QPUWrrAFYAq .4
A S I' {
BY, 01
BILL NASA, MAYOR
---~-'-=8 00 S- 0 •,--CITY--:S"~AR!'
SINGLE ACKNOWLEDGMENT
THE STATE OF TEXAS,
COUNTY OF. BEFORE ME, the andersiSred authority,
in and for said County, Texas, on thlt day personally appeared
that
known e . mexeto be the cuted theesame for the whose nrame
and conilderat n therein expressed Instrument, and ecknotivlcdged to ma
P Po
GIVEN UNDER All' HAND AND SEAL OF OFFICE, This day of A.D. 19....._..
Notary Public, County, Texas
My Commission Expires June 1, 19....
.
SINGLE ACKNOWLEDGMENT
THE STATE OF TEXAS, I
COUNTY OF . _ . - _ . J BEFORE ME. E, the undersigned authority.
In and for said County, Texas, on this day personally appeared .
person whose name subscribed to the foregoing l '
known to me to be the nitrvment, and uknowledRed 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 Publk, County, Texas
My Commission Expires June 1, 19 _
THE STATE OF TEXAS, CORPORATION ACKNOWLEDGMENT ORE ME, the Dedenl ,..d authority,
COUNTY OF_. AEN.T.ON._.. Ji s h,
in and for said County, Texts, on thle day personally appeared BILL NASH,_1.LkYD (1F aE_C11Y_0E
DENTON.L_I S.__.._._._._. ka"m to me to be tae person and other
whose name Is subscribed to the foregoing instrument and acknowledgod to me that the atase was the set of tae raid
C,LTY_ OF_DENT.ON_,_1EXAS.-_
k q9 ratios,' 1nq_ u~{{a,t he executed the same as the Oct of such corporation for the p-irpoeee and eo"I'l6ration taereln
~%kxpreati'e8" "d in UN lapacity therein stated.
GIVEN U1516l6B MY HAND AND SEAL Or OFFICE, "is_22p day January_., A.D1980.
f4y
e : c (L8.)
Notary blk„ eAw-- _County, Texas
My Commisalon EzDIM JDae 11 11 9
CLERK'S CERTIFICATE
THE STATE OF TEXAS
L Cotuaty
COUNTY OF
Clerk of the County Court of said County, do hereby certify that the foregoing Instrument cf writing dated on the
day of
n p D19 . . , with its CerUAeate of Aothentkat)on, was IUed for
record to my *file* on the.... - I L I . „ A D. it, , at.. o'clock . . M, aid duly
neorded this ............day goo Si A. D. 19........., at'.o'clock !A, in the
rl..y said said County, In Volume............... , on Illog „
W1171LU MY HAND A 8 TF( l URT of said County, at o&o In w o........ Data qd ear lost above written.
„ S Clerk County, Texan.
~ki . . . .
. Deputy.
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0-4eM4U1T CLAIM! DEED WARM Nudou" Oa, DaW
THE STATE OF TEXAS, KNOW ALL MEN BY THESE PAS wo 3
COUNTY OF DENTON
JEED RECORDS
That THE CITY OF DENTON, TEXAS, A MUNICIPAL CORPORATION 2829
i
of the County of Denton and State of Texas , for and in consideration of
the sum of
-------------------------'FEN F, N01100 (510.00)---------------- DOLLARS,
it in hand paid by Flo: t:: Texas State U.,ivErsity
of the County of Denton and State of Texgrs , the receipt of which
Is hereby acknowledged, do, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER
QUIT CLAIM unto the said North Texas State University, its successors
~xlarscand assigns, all its right title and interest in and to that certain tract or par-
eel of land lying in the County of Denton and State of Texas, described as follows, f
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
E. Puchalski Survey, Abstract No. 996, and being 1.3rt of the Hiland Park
Addition, an addition to the City and County of Denton as recorded in
Volume 75, Page 105 of the Deed Records of Denton County, Texas, and
more particularly described as follows:
BEING a 60.0 foot right of way known as Wilshire Lane, beginning at the
intersection of the centerline of said Wilshire LbLne and the west right
of way line of Avenue D and extending westerly along said centerline a
distance of 135,0 feet, more or less, to the intersectiop of the center-
line of Milshire Lane and the north right of way line of Interstate High- '
way 35E and containing 8,100 square feet of land, more or lase.
I
TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privi-
leges and appurtenances thereto in any manner belonging unto the said North Texas State
University, its-successors
hela acd assigns, forever, so that neither the said
City of Denton, Texas, its successors
nor AftkXMW any person or persons claiming under it shall, at any time hereafter,
have, claim or demand any right or title to the aforesaid premires or appurtenances, nr any part there.
Of.
! i my hand at Denton , Texas this
rf t' ;.'-,22nd day of January A. D.1980
MposwAt,Retluest of Grantors E TEXAS
ATT S~': BY
MAYOR
#-.L; ITI- SECREZIRY 7_7
SINGLE ACKNOWLEDGMENT ,
THE STATE OF TEXAS,
COUNTY OF BEFORE ME, the undersigned authority,
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 rind consideration therci,: expressed.
GIVEN UNDER 311' HAND AND SEAL OF OFFICE, This day of . A.D. 19...
.
Notary Public, County, Texas
My Commission Expires June 1, 19....., _
SINGLE ACKNOWLEDGMENT
THE STATE OF TEXAS,
COUNTY OF._ BEFORE ME, the undersigned authority,
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 san.; for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of , A. D. 19.....__.
(LS-)
Notary Public, County, Texas
My Commission Expires Jane 1, It
_
CORPORATION ACKNOWLEDGMENT
THE STATE OF TEXAS, i BEFORE ME, the undersigned authority,
COUNTY OF...___DXNT0X........ _._._._..1 g
In and for said County. Texas, on this day personally appeared BILL NAS~~_j{AYQg QLTHE_CITX
COUNCIL OF THE CITY OF EN!'ON, TEXAS known Won jobs the person and ofbeer
whose psme.is subscribed to the' foregoing Instrument and acknowledged to me that the sank was the act of the sold
a ogrpbra a;o, at !ut executed the same as the oct of such corporation for the purposes and ooneWertuain tharsin
Axyt sed, and to* • capacity therein stated.
GIVEN.UNDICR MY HAND AND SEAL OF OFFICE, This. day of~JAX1 Y A.Q. BO
Notary Pub Nib County, To,"
' My Commission Exvirss Isrte 1, 19-ho
r t ' CLERK'S CERTIFICATE
THE STATE OF TEXAS,
i . _ Cotroty
COUNTY OF.... .
Clerk of the County Court of raid County, do hereby certify that W foregoing irstrument of writing dated on thk
. day of , A. D. 19. , with Its. Certificate of Autheallk-9on, waa Algid for
. . ~ , at. o'clock M., and drily
record in my oldest on the da{a. T rds of s , A. D. 19..
eeeorded this...,.....,:...... A. D. 19..:..._., at..'... I o'clock X., In the
said County, In Volume............... , on pages
WITNESS MY EAL Reco COURT of sold County, at office in
w._.__..... .3•»..p...,~~. ..t day and rear last .bore written
R
0 a p County Clerk _ County, Tessa.
(L 8) t~ oo By... , Deputy.
O p ° FS
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(Ri, #N 30 1 3 ° z
l: 16.1 tit L. TEA
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a NA
~ rec. t
r~,11liN:r1LN'1' '1'0 JOINT USE CONTkACT
WHEREAS, Lhe CITY OF DENl'ON, i r unicipal corporation and General
Telephone Company (it' tliuv soy itliwcst, i Uf!laware rorpoiaLion, entered into
a Joint Use Contract date-d July 25, 1 )(7, ptovidinq for joint use of wood
poles iii the city of 1) niton anci
WHEREAS, Article X (A.) of said cuntt,wL I1(JVldes that "The rental
due from either patty to the othe i :hill 1)v ccirl,irtrd on the basis of
$2.50 per annum to pail by Lhc City tot v-lch Eotnt. pole owned by the
Telephone Company and $2 . 5u to be p i i,l by the: Te I k-phune Company for each
joint pole owned by the Cit.y."
NOW, THEREFORE:, it is hereby sulually oglcecl:
TIIAT, Article X (A.) of saiLJ ay:c~rm~ nt 1~a arcen,icrl to read as
4
follows:
41
The rental due from either party tc the othci shn1l lin computed oa
the basis of $5.00 per annum, to be pail) t,y th#: City for each joint pole
owned by the Telephone Company and $5.00 tc, be paid 1.y Lhe Telephone
Company for each joint pole owned by the City.
The above rates are to become effective with rentals due from Lhe
i
calendar year 1980, based on the number of poles on which space is
j occupied or reserved on December 31, 1980, and continue in force until
modified by mutual agreement.
IN WITNESS THEREOF, the Parties hereto have caused these presents
j to be duly executed this the Zq rN day of :3,4)LA+-Iddey ,
1980,
0._X
I ATT CITY OF 90"N
S
BY:
city secretary Mayor
ATTEST: Approved as to Form:
Secretary i tto e
CEVERAL TELEPHONE COMPANY OF 'THE
I ATTEST: SOUTI ST
i BY:
Al)
re tar V Pr ent--Eng nt'er ng &
ctior
Y /.orm:
{ Approved ' Attorney
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AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON,
TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 8TH
DAY OF JANUARY, A. D. 1980.
R E S. O L U T I O N
WHEREAS, the City of Denton, Texas and Aerosmith Denton
Corporation are parties to a lease agreement, dated August 26,
1975 whereby Aerosmith is entitled to the sole use of sufficient
space in the Administ ation Building (also known as the Airport
Terminal Building) not to exceed fifty percent (50%) of the
whole area; and
WHEREAS, under the provisions of the said lease agreement,
the City of Denton has the right to recapture, at its option,
the use of the Administration Building under terms and condi-
tions agreed to by the parties and upon written notice to
Aerosmith at least ninety (90) days in advance of the effective
date of recapture= and
WHEREAS, the City Council of the City of Denton, upon
careful cdnsideration of the matter, has determined to exercise
its option under the said provision of the lease agreement to
recapture that Administration Building.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DENTON, TEXAS, THATs
1. The City Council of the City of Denton hereby determines
that the City of Denton should exercise its option to recapture
the use of the Administration Building as allowed by the said
Agreement.
2. The City Manager is hereby authorized to advise
Aerosmith Denton Corporation, by written notice, of the City of
Dentonla intent to recapture the use of the Administration
Building as allowed by the said lease agreement.
PASSED AND APPROVED this the 8th day o January, A. D. 1980.
BI 3 , MAYOR
CI11Y OF DENTON, TEXAS
ATTESTi
A"
BfOors HOLT, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTONt TEXAS
BYt
RT S
ASSISTANT CITY ATTORNEY
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ice,
AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON,
TEXAS, HELD IN THE MUNICIPAL. BUILDING OF SAID CITY ON THE 8TH
DAY OF JANUARY, A. D. 1980.
R E S 0 L U T I 0 N
WHEREAS, the Texas Legislature has enacted legislation
stating that It is the policy of the State of Texas to provide
rehabilitation and related services to eligible handicapped
persons so that they may prepare for and engage in gainful
occupation; and
WHEREAS, the Federal Congress has passed legislation to
authorize programs to promote and ex?and employment oppor-
tunities in the public and private sectors for handicapped
persons and to placo such persons in employment; and
WHEREAS, in carrying out the functions vested in it, the
Texas Governor's Committee on Employment of the handicapped is
directed to work closely with local :ommunities to develop
employment opportunities for handicapped persons; and
WHEREAS, as Mayor and Members of the City Council of the
City of Denton, tine are deeply interested that there be
cooperation between the City of Derton and the Texas Legis-
lature, the Federal Congress, the President's Committee on
Employment of the landicappped, and the texas Governor's
Committee on Fmployiient of the Handicapped in the achievement
of their stated goals; and
NOW, THEREFORE, BE ITS RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DENTON, TEXAS, THA:':
SECTION 1.
We, the Mayor and City Council Members of the City of
Denton, Texa der the authority vested in us, do hereby
establish a_Committee on Employment of the handicapped to
be affiliated with the Texas Governor's Committee on Employment
of the Handicapped.
1. Pil'tPOSB
The CommittUse shall carry on a continuing program to
promote employment of handicapped persons.
II. ORGANIZATION
1. The Committee shall operate in the geographic
limits cf Denton.
2. The Committee shall be composed of an opeli
membership of all Interested citizens concerned
with the employment of handicapped persons and
shall ba governed by rules and bylaws as adopted
at the first called open meeting and as may be
amended thereafter.
3. Administrative support to the Committee shall be
provided by the City of Denton wherein it is
deemed possible through the use of existing
support staff.
• . 1
4. Officers and other Committee members shall serve
without pay.
5. The Committee shall make such rules and designate
such subcommittees as necessary to become an
affiliate of the Texas Governor's Committee on
Employment of the Handicapped which will provide
support to the local committee wherein possible,
through its staff, materials anj services.
III. FUNCTIONS
A. The functions of this Committee shall be to:
A. Secure active cooperation and support by employer,
labor, veterans, civic, consumer, and other
community groups in futhering employment of
persons with disabilities;
B. Plan and implement activities, designated to
promote employment of persons with disabilities on
a year-round basis; these activities would
include, but would not be limited to, employment
development, removal of environmental Andtrans-
portation barriers, legislative and legal aware-
ness, recognition and awards, and public relatf,ons
for persons with disabilities;
C. Carry out special activities, including but not
limited to, National Employ the Handicapped Meek;
D. Conduct appropriate studies to enhance understand-
ing of the rehabilitiation and employment needs of
persons with handicaps and determine the adequacy
of resources to meet those needs;
E. Promote establishment of training and other
facilities necessary to help persons with
disabilities find suitable employment;
F. Cooperate with placement, rehabilitation, and
other community agencies and organizations in
obtaining employer acceptance of job-ready people
with disabilities, as well as employes understand-
ing of, and the need for compliance with, a£fir-
mative action and anti-discrimination regulations;
G. Maintain a year-round public awareness program
through the news media and other resources on the
employment problems faced by persons with
disabilities;
H. Act as a clearinghouse for receipt and dis-
tribution of all incoming publicity materials
distributed from the state committee level;
1. Serve as an information exchange on activities
planned and carried out by member organizations
with respect to rehabilitation and employment of
persons with disabilities; and
J. Coop orate with the Texas Governor's Committee on
Employment of the Handicapped in conducting
specific activities recommended by the state
PAGE 2
4
• 1
committee to promote employment of persons with
disabilities.
SECTION II.
The Committee shall meet on a regular basis throughout the
year. There shall be a minimum of four meetings a year.
Meetings shall be called at the discretion of the chairperson
or mayor.
SECTION III.
This Resolution shall become effective immediately frog, and
after its passage, and shall remain in effect until amended,
modified, or rescinded by this Council.
PASSED AND APPROVED this the 8th day of January, A. D. 1980.
1;ILh'~AS1T;
CITY OF DENTON, TEXAS
ATTEST:
A" &406--
CITY SECRETA"
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTTONO ~TEXAS
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9
STATE OF TEXAS
05FICE OF THE SECRETARY OF STATE
AUSTIN, TEXAS 78711
;E)RSF. 'd. STRAKEP JR. 3hN. 19 tngn
SECRETARY DF STATE
WILLIAM K COLE
215 E MCKINNEY
)ENTr4PTX
REs DENTTIN HOUSINS F1444CE CnRPORATI114
CHARTER NUMBER 501633-1
DEAR SIRS
IT HAS BFEN CUR PLEASJRE TO APPROVE ANn PLACE LN PECOPD THE ARTICLES
OF INCORPORATION THAT .'RFATE) YnE13 CD~,PlrtrTCN. WE EXTE,UD OUR BEST
14ISHES FOR SUCCESS 14 YOUR NEW VENTURF.
AS A RORPORATIONP YOU ARE SU3JECT Tn ST1TF TAX LAW'S. SOME NON-PROII'
CORPORATIONS ARE EXEMPT FROM THE PAYIF4T FIF FQANCHISf TAXES AND MAY
ALSO BE EXEMPT FROM T4F PAYME4T OF SALES A40 USE TAY ON THE PURCHASE
OF TAXABLE TtEMS. IF YOU FEEL THAT U'I)EP THE LAM YOUR CORPORATION IS
F,NtIJLED TO BE EXEMPT YOU MUST APPLY 1l THE CnMPTROILER 1'F 009W AC-
COUNTS FOR THE EYEMPTI34. THE SfCRtTAPV nF STATE CANN01 :'AKE SUCP
DETERMINATION FOR YOUR CORP11ATI04.
IF WE CAN BE OF FURTHER SERVICE AT A4Y TTMEP PLEASE LET US KNOW.
VERY TRULY YOURSP
GEORGE W. STRAKEP JR.
SECRETARY OF STATE
3Ys WILLIAM W. VIDLAKFP JR.
DIRECTORP CORPORATION DIVISION
TELEX: 778494
((3 ~h
Eli p6ttlt2 of Tme
p*tcrciaq of Atrit4
CERTIFICATE OF I'ICORPORATION
F
DE IT ON AIJSENS FI4AVCE CURPOFAT10N
CHADTFp 4Jy1FQ `i61533
THE UNDERS134FOP AS SECRETARY r'F STATE OP THE STATE OF TEXAS,
AERESY CERTIFIFS THAT ARTICLES jr TNCORPOPAT!O4 FOR THE ABOVE
CORPORATION, OULY SIG4F) A41 VERIF ZFO I4AVI BEEN RECEIVED IN TttIS
JFFICE A4D ARE FOU4D TO .O4FOR4 Tfl 144,
ACCORDINGLY THE U4)FRSIGNE), AS SUCH SECRETARY OF STATE, AND ~,f
VIRTUE OF THE AUTHORITY VFSTF7 TN HTM BY LAY, HEREBY ISSUES THIS
CERTIFICATE OF I4CORP04ATIOv ASI ATTACHES HERETO A COPY OF THE
ARTICLES OF [NCfWORATIl4.
DATED DEC. 27, 1979
erntery of State
CA TMK
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JAN 09 1950 '
CITY Or OENTCIJ
MANAGER'S OFfr,^,F
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l . ~ t fl J t ~i L ~ W y I , ti e ° Y S ~ J t ~ a } ° ti s
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~ ° aka 't`^s« .>r„, t~,~*;{ r Y'""'S x'a L l• ~ y ,u"~' ~''f w ~ edti n a. F~'~'°~~ 3~ e i~ na~1 a .
AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON,
TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 15TH
DAY OF JANUARY, 1980.
R E S O L U T I O N
jw
<;a WHEREAS, on June 5, 1979, Burt R. Solomons was a
r ppointed as
Acting City Attorney of the City of Denton, Texasr and
WHEREAS, this City Council approved a small- increase in salary
(y for such services= and
WHEREAS, a new City Attorney was not appointed and made
effective until November 12, 1979; and
ti WHEREAS, this City Council desires to express their appre-
ciation for Mr. Solomon's service as Acting City
Attorneys
f NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DENTON, TEXAS, THAT:
1. The additional amount of $553.60 heretofore
expended from the General Funds and paid to Burt R.
Solomons as part payment for services as Acting
City Attorney from October 1, 1979 to November 12,
1979; be and the same is hereby approved.
2. That this resolution be effective immediately upon
and from its passage and approved by this City
Council.
PASSED AND APPROVED this the 15th day of January, 1980.
J
BI'u NASH, MAYOR
CITY OF DENTON, TEXAS
ATTESTI
BROOKS HOLT, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROWD AS TO LEGAL FORM
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY: G.
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❑ NOF61.'HWESTERN WATIONAL INSURANCE COMPANY
❑ NOR'AMWESTERN NATIONAL CASUALTY COMPANY
® LAMIYERS SURETY CORPORATION
1820 REGAL ROW, DALLAS, TEXAS 75235 214-634.1900
CumAlation Notice
JANUARY 3, 1980
CITY OF DENTON
CITY SECRETARY
CITY HALL
DENTON, TX
RE: Bond No. PLB_311_ _
Principa : TEXAS LOG 6 CONCRETI: _ r
Effective I_FEBRUARY 3. 1980 _
QGentlemen: SIDEWALK for $2,000
We, the above named Surety, are requesting to terminate our
liability under the above referred bond. This, therefore,
is yours notice that this bond is cancelled on the above
effective date.
Please acknowledge receipt of this notice of cancellation.
Yours truly,
By m
orney in ac
cc:
DENTON INS CENTER INC.
P.O. BOX DRAWER C
DENTON, TX 76201
TEXAS LOG 6 CONCRETE
RT. 2, BOX 921
DENTON, TX
n
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ORDINANCE NO.
All ORDINANCE OF THE CITY OF DENTON, TEXAS, DISANNEXING CERTAIN
PORTIONS OF LAND AS A PART OF THE CITY OF DENTON; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, it has been proposed to the City Council of the City
of Denton, Texas, that it is desirable and to the best interest of
the City of Denton, Texas, that the property described herein be
disannexed as a part of said CitY1 and
WHEREAS, the City of Denton has not been able to and does not
foresee being able to provide governmental and proprietary
services to the property within the next three years which is
substantially equivalrr:t to tae standard of governmental and
proprietary services, furnished by the City to other areas similar
in topography, pattorns of land utilization, and population
density of the property; crud
WHEREAS, it appears that the majority of the owners of the
land more particularly described below are desirous of being
disannexed from the City of Denton, Texasl
TRACT ONE: All that certain lot, tract or parcel of land lying
aging situated in the City and County of Denton, State of
Texas, and being part of the J. Severe Survey, Abstract No. 1154
and being part of a tract of land, designated 'Third Tract", an
conveyed by Don B. McClurkan, et ux to V. D. Burch by deed dated
March 16, 1932 and recorded in Volume 239, Page 191 of the Dend
Records of Denton County, Texas, and more particularly described
as follows:
BEGINNING at a point in the north boundary line of said Burch
Tract, said point of beginning also being the Intersection of the
north boundary line of said J. Severe Survey and the east right of
way line of U. S. Highway 3771
THENCE southwesterly, along the east right of way line of U. S.
Highway 377 a distance of 274.7 feet, more or less, to a point for
a corner in the south boundary line of said Burch Tractl
THENCE east along the south boundary line of said Burch Tract a
distance of 535.6 feet, more or less, to a point for a corner in
the existing Denton City Limits line as established by ordinance
No. 69-40, said point being 500.0 feet southeast of and
perpendicular to the centerline of U. S. Highway 3771
THENCE northeasterly, along the existing Denton City Limits line,
500.0 feet southeast of and parallel to the centerline of U. S.
Highway 377, a distance of 274.7 feet, more or less, to a point
for a corner in the north boundary line of said Burch Tractl
THENCE west along the north boundary line of said Burch Tract a
distance of 535.6 feet, more or leas, to the place of beginning
and containing 2.5 acres of land, more or less.
j ~
I
i
TRACT TWO: All that certain lot, tract or parcel of land lying
and be ng situated in the City and County of Denton, State of
Texas, and being part of the W. Roark Survey, Abstract No. 1087
and being part of a tract of land, designated "Secon4 Tract", as
conveyed by Don B. McClurkan, et ux to V. D. Burch by deed dated
March 16, 1932 and recorded in Volume 239, Page 191 of the Deed
Records of Denton County, Texas, and more particularly described
as follows:
BEGINNING at a point in the south boundary line of said Burch
Tract said point of beginning also being the intersection of the
south boundary line of the W. Roark Survey and the east right of
way line of U. S. Highway 377;
THENCE northeasterly along the east right of way line of U. S.
Highway 377, a distance of 1,416.6 feet, more or less, to a point
for a corner in the north boundary line of said Burch Tracts
THENCE east along the north boundary line of said Burch Tract a
distance of 769.0 feet, more or less, to a point for a corner in
the existing Denton City Limits line as established by ordinance
No. 65-43, said point being 660.0 feet southeast of and
perpendicular to the centerline of U. S. Highway 3771
THENCE southwesterly elong the existing Denton City Limits lines
660.0 feet southeast of and parallel to the centerline of U. S.
Highway 377 a distance of 1,416.6 feet, more or less, to a point
for a corner in the south boundary line of said Burch Tract;
THENCE west along the south boundary line of said Burch Tract a
distance of 769.0 feet, more or less, to the place of beginning
and containing 18.2 acres of land, more or less,
TRACT THREE:, All that certain lot, tract or parcel of land lying
an being situated in the City and County of Denton, State of
Texas, and being part of the W. Roark Survey, Abstract No. 1087
and being part of a tract of land as conveyed from Richard P.
Dolgener, et al to V. D. Burch by deed dated September 7, 1940 and
recorded in Volume 208, Page 137 of the Deed Records of Denton
County, Texas, and more parcicularly described as follows;
BEGINNING at the southeast corner of said Burch Tract said point
of beginning lying in the south boundary line of said W, Roark
Surv*y and also boing the intersection of the south boundary ling
of said Roark Survey and the west right of way line of the Texas
and Pacific Railroad;
THENCE west along the south boundary line of said Burch Tract same
being the south boundary line of said W. Roark survey a distance
of 343.5 feet, more or less, to a point for a corner in the
existing Denton City Limits line as established by Ordinance No.
69-43, said point being 500.0 feet northwest of and perpendicular
to the centerline of U. S. Highway 3771
THENCE northeasterly along the existing Denton City Limits line
500.0 feet northwest of and parallel to the centerline of U. S.
Highway 377, to a point for a corner in the north boundary line of
said Burch Tract, same being the center of the channel of Hickory
Creeks
THENCE southeasterly along the north boundary line of said Burch
Tract sane being the center of the channel of Hickory Creek to j
point fcr a corner at the intersection of the north F4undary line
of said Burch Tract and the west right of way line of the Texas
and Paotfio Railroads
THENCE southwesterly along the west right of way line of said
Texas and Pacific Railroad to the place of beginning and
containing 42.9 acres of land, more or less.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS,
HEREBY ORDAINS:
SECTION I.
(1) That the matters and farts recited herein in the preamble
of this ordinance are hereby found and determined to be true and
correct.
(2) That, pursuant to Articles 970a and 1175(2), Vernon's
Texas Civil Statutes, the above described property is hereby
discontinued as a part of the City of Denton, Texas.
(3) That the City Secretary is hereby authorized and directed
to enter this Ordinance on the mfi;utes and records of the City of
Denton, Texas, to the effect that said property is disannexed as a
part of the City of Denton, Texas, and after the entry of this
s
ordinance the said property shall cease to be a part of the City
of Denton, Texas.
SECTION II.
That this ordinance shall become effective immediatgly after
its passage and approval.
PASSED AND APPROVED this the 8th day of January, A. D. 1980.
81N H, Y R -
CITY OF DENTON* TEXAS
ATTES
OKS HOLT, CITY SECRETARY
ITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
C. J. TAYLOR, JR., CITY
ATTORNEY, CITY OF DENTON, TEXAS
BYt
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I T ArgeNy and Carun71y rmnsm;neriea Insurance UPOUp
ln+4ranre
from rran,envr,ee Corp,ra,,on Transamericn insurance Company
A STOCK COMPANY HOME OFFICES LOS ANGELES. CALIFORNIA
r
STATUTORY PERFORMANCE 90N1's P'JT:SUANT TO. ARTIC11 5160
OF THE REVISED CIVIL STATUTES OF TEXAS AS
AMENDED BY ACTS OF THE 56TI1 LEGISLATURE, 1959
(McGregor Act--Public Works)
(PEnalty of this bond must be 100;4 of Contract amount)
KNOW ALL MEN BY THESE PRESENTS:
That -Xidwall.Construation Company
(hereinafter called the Principal), as Principal, and TRANSAMERICA INSURANCE COMPANY, a corporation
organized and existing under the laws of the Slate of California, with its principal office in the City of Los
Angeles, California (hereinafter called the Surety), as Surety, arc held and firmly bound unto
.Cilty...as.. Asatoas . Tease .
(hereinafter called the Obligee) in the amount of ?bra* busdred seventy foil thottsands - .
also bundred fifty-aise and 75/100
Dollars for the payment whereof, the said Principal and Surety bind themselves, and
their heirs, administrators, executors, successors and sssigns, jointly and severrlly, flrmiy by these
presents.
WHEREAS, the Principal has entered Into a certain written contract vrith the Obligee, dated the
U&C........... day of.......a.A.#M.!4;X . 1919., Its for ,>R~b~:t ea„~,e,rs~,t,•lrl~Itl.....
under Missouri Tseifie RailreaA in and for the City of Denton
s
which contract Is hereby referred to and made a part hereof as fully and to the same extent as If copied
at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Prin-
cipal shall faithfully perform the work in accordance wl.h the plays, sp "ifications and contract documents,
then this obligation shall be void; otherwise to remain In full fort aand effect,
PROVIDED, HOWEVER, that this bond Is executed pursuant to the provisions of Article 6160
of the Revised C;v£l Statutes of Texas as amended by Acts of the 66th Legislature, 1959, and all liabilities
on this bond shall be determined In accordance with the provisions of said Ar%.'de to the same extent as if
It were copied at length herein.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument this
2Stb............. day of.... ..Jaaaar~......... .60.
,19......
Witness: R1Z.A/'rA~.~~,.C.4.N~.t.(J<r/at.lot Qo!!p.~taZ...(Sea1}
(If Individual or Firm)
Attests +.'...J...!~^ (Seal}
I j: C... Corporation) ....................p......... ...(Seal)
rincipal
TRANSAMERICA INSURANCE COMPANY
Surety
y... (Sal}
iEOr Attornelr In•Fact
ite~r ><iekenlraertr
n,g,rrfy and Casually rnrura ire Trensamerica Insurense Qroup
fm w, ]}a n?a 111f rue ClirjMort I IuN
Tponsameplca lnsupence company
A STOCK COMPANY HOME OFFICEi LOS ANGELES, CALIFORNIA
ST'AT'UTORI' PAYMENT BONI) PURSUANT' '1'O ARTICLE 5160
OF 1111? REVISED CIVIL S'I'A'FU'HS OF '1'F.XAS AS
ANN ND;:U I;l' ACTS OF 'i'NE 5601 LIiG1SIXI'URE, 1959
(51cCregor Act - Public Works)
(Penalty of this bond must be 100!.' of Contract amount)
KNOW ALL MEN BY TIIESS PRESENTS:
That ..__...K14VOll Co.t4et91144i49_COapaRy
(hereinafter called the Principal), as Principal, and TRANSAMERICA INSURANCE COMPANY, a corporation
organized and existing under the lawn of the State of California, with its principal office in the City of Los
Angeles, California (hereinafter called the Surety), as Surely, are held and firmly bound unto
C.tty_.0.f. postopit Texas
(hereinafter called the Obligee), in the amount of three hundred eevaaty four thousand F
nine hundred fifty-mine sad 7S/100-------------------------------------
Dollars ($....97,4P939, 75), for the payment whereof, the said Principal and Surety bind themselves,
and their heirs, administrators, executors, auccesnorm and axsigns, 1 )Intly and severally, firmly by these
presents.
WI£ERF.AS, the Principal Las entered into a certain written contract with the Obligee, dated the
A;A#...... ._..,day of.. . January _ 19 10, p few Ro►erteoa Street Bridge
_ >tds>R„.1il.aaousi.,Paai,fie Railroad to and for the City 09 Denton
which contract is hereby referred toawl mask a part hereof as fully and to the name extent as if copied at
length herein.
NOW THERFF0111;, THE CON PITION OF THIS OBLIGATION 1S SUCH, that if the said Principal
shall pay all cWmi;,its supplying labor ;in(] material lu him or a subcontractor In the proaeeution of the
work pruvided for in seid contract, then, this ubligat ion shalt be void; otherwise to remain in full force end
effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 6160 of the
Revised Civil Statutes of Texas as amended by Acts of the 56lh Ixg£slature, 1959, and all liabilities on this
bend to all such, claimants shall be determined in accordance with the provisions of said Article to the name
extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal and Surely have signed and sealed this instrument this
}tA......... day of. .....Jaadary....._ , 19 60
wilnens . Riirel~ Ceaotra/t-!C'lLLCoa9aay (&,aq
. Individu . a . . I . or . Firm (Seal)
( lf . )
Attest: _ .....tSca1)
i _ .........t5cal)
(1f CorporaVon) Principal
TRANSAMERICA INSURANCE COMPANY
Surely
v++Qxt.-o4.......1!! t Hy. .............(Seal)
Attorneyin-Fact
SIN Steve Riahea►aeher
Pn;;x rfy and Ca+uafry lnnurq me,
from Frannamrrir'a Cnrp+vri,a
Tpansamepoce lnsupanea Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That TRANSAMERICA INSURANCE COMPANY. a corpo•arion of the St_,.e -:ef Ca'ifornia, dues hereby make,
constitute and aproint Derrell C. Dodson or Steve Rickenbacher or Sarah Huggins
of Dallas, Dallas County, Texas
its true and lawful Attorney( s)•in•Fact, with lull power and authority, for and on behalf of the Company as surely,
to execute and deliver and affix the seal of the Company thereto, of a seal is required, txmds, undertakings, recog
nizances or other written obligations in the nature thereof, as follows: Any and all bonds and under-
takings UNLIMITED IN AMOUNT, for or on behalf of this Company, in Its business and
in accordance with its Charter , - - - • - - - - - - - - - - - - - - - - - - - - - -
and to bind TRANSAMERICA INSURANCE COMPANY thereby, and all of the acts of seed Attorney(sf-in•Fact, pursuant
to these presents, are hereby ratified and cochrmed,
This appointment is made under and by authority of the following by-laws of the Company which by-taws are now
in full force and effect;
ARTICLE VII
StCTION JO. All pehc4s, fronds, undirtekmat, carhr,cetta or insurance sever Will Wogmtarices contracts of ndemmfy end temerts,
stlputahnns, waivers, consents or sureties re insurance iccoptancn or agreements surety a +d co swer ob'iga!-ores and ap amems, uneerrnt rq
underlak s, and all other instruments peotning In the insurance business of Ins Coepara!+;n shall bs vard)t eaacvled then signed on ii" of
the Corporation by the President, any Vice President or by any olhef officer, emoolts igenl yr Anawy in fact aathorUed to se login Bi, 11) the
Board of tiireclors, Ilil the President. (fh( any Vice Presiciont, or ((iv) any other person emprwub by the Bused of Owecsors, Ins President of ry Vice
President to live such authorizalion, provided That all poll of Nswante shall also bear the sipnawo of if Secretary, rhKh may be a tocsin de, and
unless manually signed by the President or a Vice Pill Want, a lacs:mns signature of tin President A lacaJIM14 111"1'we of A lamp eNicp"be of
the same valid+fy as that III an existing officer
TM i t no of the corporate seal shall hot be necessary to the valid esfcutgn of ory lnsrrvmenf but any WW ^1110rUed Is eaeeute p ennt
such instrument may of i, Iha corporetioWs seal thereto
This Power of Attorney is signed and seated by facsimile under and by the authority of 7!e loltowing iesol,rtion
adooled by the Board of Directors of the Conpany at a meeting duly called and held on the 1711, day of Oclober
1963,
"Resolved, Thai the signature of eny officer wthalzed by tin By-laws and the Corrrpainy mail may be affixed By lonLnde so any Power eP
attorney or special ppoower of shoiney or cptif utbn Of ahhp gNen for N eaeculron of"bv4 w4ptaiAyy, recopn 111'" p still WIM"
obligation In the listure thereof, such signature and nail, when so used being Mral adopW by the Cpnpsry as ins or" eryseli of
Such piker Arid the original seal of IN Company, to lee valid and birdg+g upon the Compamy with ft wris !an W Mecf ss Magh
manually affixed,"
IN WITNESS WHEREOF, TRANSAMERICA INSURANCE COMPANY has caused these presents to be sipped by
Its proper officer and its corporate seal to be hereunto affixed this 26th day of March .19 79.
By . 00A e "CHG./
a /
State of California J. w. FLfSHMAN, Vice Pies,dent
Canty of Los Ang-fifes I is
On this 26th day of March , 19 79 , before me personally carne J,W. Fleshman to me
known, who, being by file duly sworn, did depose and say: that he resides in the City of Sierra Madre, State of
California; that he is a Vice-President of Transamerica Insurance Company, the corporation described in and which
executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instru-
ment is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said
corporatlon and that he signed his name thereto pursuant to like authority, and acknowledges some lobe the act
and deed of said corporation,
In1,I INXnI/ommormnAmNl~
OffICIAL SEAL
ell ELIZABETH AHERNE 1 n
NOTARY PUBLIC I►OtlNIA
►RINCiPAL iPAI OfFICfICS IN All
Z~/tr e✓/7/Lf-C.i
Los MOELEf COUNTY
My Commission Exislres March 30, 1950
nuwwxwrwwn,AaannnMiwwsxxwrrrwwiwwxMnro C Notary Public
1119A
la•yal
I, J. H. Tanner, Assistant Secretary of Transamerica Insurance Company, do horOy certify that the Power of
Attorney herein before set forth is a true and exact copy and is still in force, and further certify that Section 30
of Article VII of the By-Laws of the Company and the Resolution of the Board of Directors, set forth in said Power
of Attorney are still in for e. In testimony whereof I have hereunto subscribed my name and affixed thb seal of
the said Company this Mh day of January 1980.
4,• J. It. TANNER, Ass-stam+t Secretary
1
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LLOYD'S CERTIFICATE
Name of d4ssured
MISSOURI PACIFIC RAILROAI► COFiPtN
1500 Missouri Pacific Building
210 North 13th Street
St. Louis, Missouri 6310:3 Job Location: Denton, Texas
In the event cF claim under this certificate, please notify:
ILLINOIS I wk-.wd
MA30. lilv6s 6OW4
R.aJONES inc.
Cove,holder
RICKENBACNER-DODSON E gOMPANY,
tlONDS'AND'INSURA~VCE
u~ iartwii^LPtili, n»~,~ ~uw ►wi tuu
TAW
l►ra}.
This Insurance effected with certain
UNDERWRITERS AT LLOYD'S, LONDON
(not incorporated)
I~~DOprd~r N IFSORCE. CTINCAIE AS VREO 10's ' EQUESIfD TO READ THIS CERTIFICA E AND TIF Of PAID FOR 18 TIME INSURANCE HAS IEEN
ALTERATION.
town 11rlnliry to. 0140e6
In accordance with the authorization granted to the Coverholder, whose nary is imprinted at the foot of the attached declaration page,
under the Contract Number referred to on the attached declaration page by certain Underwriters at Lloyd's London,whuse names and the
propprtions underwritten by them can be ascertained by reference to the said Contract, which bears the Seal of,Lloyd's Policy Signing
Office and is on file at the office of the Coverholder, and In consideration of the premium specified herein, the said Underwriters do
hereby bind themselves, each for his own part and not one for another, their heirs, executors and administrators, to Insure in accordance
with the terms and conditions contained herein or endorsed hereon.
CERTIFICATE PROVISIONS
1. If the Assured shall Malta Iny claim It, -w Ing tha sAma to be take or fraudulent, at regards .mount or oMrwlla, this Car Yfm ate the It become Vold, and ell
claims thereunder shall be forfeited.
2. This certificate may be cancelled on the cus%mar f short role ball/ by the Aa4urod at any lime by whiten notice or by the wtrefldw of this certified to
the Coverholder. This certificate may also be cancelled, with or without the return of tond« of the unearned p,eMluvn, by the Vnda(wfilerf of the
Coverholder, In their behalf, by delivering to the Assured, or by sand-rig to Me Am,,d by mail, r&aI or urool W, at roa Aswred's sddfess as frown
herein, not lest than ten days' written notice, dating when the cant enuion that be elrat l,. a. end in C,,,h fate the Underwal«t hall refund era paid
premium lest the earned portion thereof on demand, subtetir alwaYt to the ra.nt.on by the UnJ«w,J.rt he•eon of any minimum rfamlufn etlputated
Platelet for proportion thereof p,ai,louily agreed upon) In the event of cenrallat,on ,,hap sty Ira U.,J«-rn«1 OF the An„red
3. SERVICE OF SUIT CLAUSE- it Is ag,ead that In the vfsnt of the ladufa Of tree Untie, wr.t4,6 II tier env tmounf tta,nad to be dve h«aund", the Linda,.
writers, at 1" request of the insured fur rein wfrd). vv~li IuLmil to the (~r,rJal o, us am Cc ,I of tWniNlenl Ice^N,t 1.4n wghln IM Unltad $term and will
comply with are requirements nacrna,y to give Iii It Cowl Iur,rJ-t bun ,,J 10 na1atS 01-0 ,g M1a.,,4vvv 06'1 t • JRS.Mins./ In Kcofdance with the h r
and practice of such Court.
It Is further agreed that serncs of protest In such Suit prise be made upon the 6,m nam ad in film e N the a❑a4ted deafaretron Page, and that M any Suit
instituted against any one *1 them upon this Contract, the Underw„1011 wit ob'do by M+e I.NI da<.co•t of a•tis rewt ea of any Aps,N14te Coufs M the from
of on appeal.
The above named ere authorised and directed 10 accpl grvlte of Pithiest an behalf of the VfW«wr.lerl his err tuth su!U"'a, upon the request of the
insured (of relnsured) to give a wr4.an Underell" to the tituvW IN rainwrud) that tray win enter a M^Yal Miw•sncf apeon the Und KwrilNl behalf In
the event such a suit Mall be Instituted.
further, pursuant to toy arofute of any 11a1a,1er r.lOr f of C I of the Vm104 {Sala{ n%kh mile a Ivu.Iekra IM•efN, Ira U14*P tltwy Pl"aoylhaignala
the Supwintendent, Commissionaf of Director of Insurance or other au,te. tpet,r,sl toil shat puvswla in Ma afnvfa, a ha 1,014aSeor 00 evetessofs In ofbta,
at their true and lawful attorney upon whom may be served Any 14-0.1 PIOsI In awe rbpn, wit N Ofxeed list imull,lvted by air M behalf of the Inhered
(or relnsuradl or any beneficiary lterwnd" arbiref Out of M'a Cont.«r of ,eta,n ants fa fanwn,vr.t, red herabr desynale 1040 above named as the Woon
to whom the gold ofnter 4 a,morited to men Bush Plotless of a 11.4 tone a«acf
It is sepresdy understood and agreed by this Aawfed by auphng this Inevrnent I• at the Co,wil l ter to pal a•, a1sw•" 0,aouv.dK end that the Covw%*Ider
neither 11 not shall be In any way of to stns e.tent l.ab14 to, any last of ua m e,hele.r, trvl 1h01 lilt UM«wvn«t h«e•rM" we those at shown olsswhaft
In this cerlifisate.
a. The Assured Mall Immediately fopo,I to the Culisol am tr ,o,"- s 1 601 to ',,,it In a "I m riff, Ih•a sarbbfafa and then *ISO fire with lost
Coverholdat, detailed sworn proof of Intiri 4,4 Ion w Ile., I..is ,ta,s f,a,n I•n ea-e or lush Iah,va be Pa A",lod IN, to report the laid Pass er
damage of to file such wfittan proof at above pfo.ldlef, Nall -.411 '1410 $1,, is + enl.r IN 14«1 1., are
6. All adjusted claims Neu be paid o. male good to Ire A0«.rH w~1h n rh.ry it,,, ally wtsa,nf o~ e,d rtll,lafMe of lahdatfn•y Pfoole of Interest and
foss at the office of the covetholdof.
4
7. Lou, If any, to be payable in United loto, Cuff«vcy
S. This Certificate dogs not cover loss or damage al sty a ind -ot fly w(ov tA64 bf. 0oooan.ng M,ough or In ton eagvene of e. As, Invasion, act%of foreign
enemies, hostilities (whether suer be dotlood of Bull, ct.4 was, .eWmm~, •evvi oft, tf.w.rett nfl, h.n,f ll of W1,004J power er tonbscol d hal4onal
Italian or raquistliorl or destruction of of damage to P ow,ty be m e-,Iw the o'dr el en r ga.ertvneni N r..rbte to loyal authority,
I
9. Tne insurance Is made and accopted Subject 1 to an 1040 r.naaov. tend 4.0,9 end ar,ant n let Polls, heralA N end ha+ecn, at of which i's to be
considered at Incorpofaled Pirelli
10. Any provisions of conditions appstring In spy leans ortr.h41e hereto and made a Iavl hereof, which fstehw 0410, at atlet the Ca.ldfeate ProsviaWns ststlld
above, "If supersede the provisions appaKing In 110,10 t"hhtlpa, i:.SOlp ye the fall" ale rrtt oel'stmt wr/h the WOe41M6 aPParlrlg In Wish attached forms,
11. This tertificNe Nall Mal be Npy+sd #lhPf In whore Or In pan, wlthas,l pre 01411M Cont l 01 Ira Ce.rnoldw endorsed 9,er0ors,
,
sal. This certificate stall pot be valid unless signed by 41,41 c41err.e4de•
DA1E ISSUED CON11AC1 NO. KIWOUS NO,
-New
THIS DECLARATION PAGE IS ATTACHED TO AND FORMS PART OF CERTIFICATE PROVISIONS (FORM SLC•1)
►+uMReR 98644
Name of Xssured
MISSOURI PACIFIC RAILROAD COMPANY
1500 Missouri Pacific Building
210 North 13th Street
St. Louis, Missouri 63103 Job Location: Denton, Texas
EFFECT1vR ® 12-01 AJA #OTH DAYS AT February 15, 1980 to May 1, 1981 Or Job
FROM 12.00 NOON STANDARD TIM[ CgZpletlon Whichever TJ,';aT Shall Occur First
NAME OF *tM9AXU1 - AAV)UNT OR MCFM
Ad;ny upon Your indrucliom we haw
effad*J 16 Insurance with, y , UNDERWRITERS AT LLOYD'$, LONDON 1004
3
AMOUNT cOVU AW RATI
N11MR/M
$2,000,000.00 Combined Railroad Flat $3,600.00
Single Limit Protective
Liability
4
3.851 Texas State Tax $138.60
AUDIT No TOTAL 0w0WJ53
ffECIAE COW1ONS
5
Service of Suit: Mendes 6 Mount
6] Three Park Avenue
New York, N.Y. 10016
IlL(NOIS L L JONES INC.
1
RAILROAD PROTECTIVE INSURANCE
DECLARATIONS
No. 98649
ITEM 1. NAMED INSURED: Missouri Pacific Railroad Cqmpany
ADDRESS; 1500 Missouri Pacific Baildlt.g
210 North 13th Street, St. Louis, Mo. 63103
ITEM 2. POLICY PERIOD: From 2/15/80 To 5/1/81
Or Job Completion Whichever Shall Occur First
12:01 A.M., Standard Time at the designated
Job Site as stated herein.
ITEM 3. The Limit of the Underwriters' Liability against each coverage
or coverages shall be as stated herein, subject to all terms
of this insurance having reference thereto.
LIMITS OF LIABILITY
COVERAGE A $ Each Person
$ Each Occurrence
COVERAGES B&C $ Each Occurrence
$ Aggregate
COVERAGES $2,000,000.00 Each Occurrence
A,BSC COMBINED $ C.S.1„ Aggregate
ITEM 4. NAME AND ADDRESS OF CONTRACTOR:
Kidwell Construction Comppany
P.O. Box 64760, Dal as, Texas 752J6
ITEM 5. NAME AND ADDRESS OF GOVERNMRNTAL AUTHORITY FOR WHOM THE WORK
BY THE CONTRACTOR IS BEING PERFORMED:
City of Denton, Texas
ITEM 6. DESIGNATION OF THE. JOB SITE AND DESCRIPTION OF WORK:
' Denton, Texas
Buildinq abutments and erection of steel bridge on around
and putting in of new bridge.
I
ITEM 7. PREMIUM BASISt
RATE: PER $100.00 OF ADVANCE PREMIUM
CONTRACT COST COST C0V'FRAGES_A9FC COVERAGES AB&C_
N/A $30600.00
A.I.F. 339 "l"
The Underwriters hereby agree with the Insured, named in the declarations made a
part hereof, in consideration of the payment of the premium and in reliance upon
the statements in the declarations made by the named insured and subject to all
of th:. tarns of this insurance.
INSURING AGREEMENTS
I. COVERAGE A - BODILY INJURY LIABILITY
To pay on behalf of the Insured all sums which the Insured shall become legally
obligated to pay as damages because of bodily injury, sickness, or disease,
including death at any time resulting therefrom, hereinafter called "Bodily
Injury", either (1) sustained by any person arising out of acts or omissions
at the designated job site which are related to or are in connection with
the work described in Item 6 of the declarations, or (2) sustained bt the
designated job site by the contractor or Any employee of the contractor or
by any employee of the governmental authority specified in Item 5 of tT:e
dec1a.utlons, or by any designated employee of the Insured ufiather or not
arislne out of surh acts or omissions.
COVERAGE B - YROc'FM DAMIGE: M&BILITY
To pay on behalf of the Insured all suns which tht Insured nhall become legally
obligated to pay as dannges because of pt:ysical injury to or casteultion of
property, including loss of use of any property due to such Injury or
destruction, hereinafter called "Property ba.wc", arising ont of acts or
omissions at the designated job site watch are related to or are in
connection with the work, described in item 6 of the declarations.
COVERAGE C - PHYSICAL DAMAGE. TO M01T'trTY
To pay for direct and accidental loss of or dnrAge to rolling stock and
their contents, mechanical construction equipment, or restive power equip-
ment, hereinafter called loss, arising out of acts or omissiona at the
designated job site whic:i are related tp or are in connection with the
work described in item 6 of the declarations; trovided such property Is
owned by the named insured or Is leased or entrusted to the noted insured
under a lense or trust ogrcement.
II. DEFINITIONS
(a) INSURED - The unqualified word "Insured" inclules the nnned ituured and
also includes any executive officer, director or stockholder thereof
while acting within the scope of his dutles as such.
(b) CONTRACTOR - The word "Contractor" mcans the contractor designated in
Item T of the d:4~larations and includes all subcontractors of said
contractor but shall not include the noted insured.
(o) DESIGNATED EMPLOYEE OF THE INSURED - The words "designated employee
of' the nsur tseani
e
i
(1) Any sucervis fob
ory employee of the Insured at the -rite,
(2) Any employee of the Insured while operating, attached to
or engaged on work trains or other railroad equipment a:
the job site which are assigned exclusii•ely tr the
contractor, or
(3) Any employee of the Insured not within ;1) or (2) vho is
specifically loaned or assigned to the work of the
contractor for prevention of accidents or protection of
property, the cost of whose services Is borne
specifically by the contractor or by governmental
authority.
(d) MUM= - The word ''ontract" plans any contrAct or agreement
to carry a person or property for a consideration or any
trust or interchange rontract or agreement respecting mtivese,
power, rolling stock or mechanical construction equipment,
III. DEFENSE sE7TLn4ERT SUP
PL£l~eS7TAAY PAYWnS
With respect to such insurance as is afforded by this ins4ence under
Coverages A and B, the Underwritere ahalit
+ (a) Defend any suit against the Insured alleging snc5 bc,111y injury or
property damage and seeking damages which are payable under the terms
of this insurance even if any of the allegations of the suit are lse or Investigationaand settlementeof; anutthe ~lor•suit tass itadeemsv expsuch
ed
y claim expedient;
(b) Pay, in addition to the applicable limits of liability:
(1) All expenses incurred by the Urriervriterse all costs taxed
against the Insured if any curb suit avi all interest on the
entire amount of any judgment therein vbleh accrues after entry
of the Judgment and before the Undervritc-ra have paid or
tendered or deposited in court that part of the judgment which
does not exceed the limit of the Undervriter's liability
thereon;
(2) Premiums on appeal bonds required in any such suit, premiums on
bonds to release attachments for an LL•rrwint not in excess of the
applicable limit of liability of this insurance, but without
obligation to apply for or tlrrnish any such bonds;
(3) zxpenees incurred by the Insured for such imrsediste medical and
surgical relief to uthere as shall be interative at the time of
the occurrence;
(k) by reasonable expenses, other than loss of earnings, incurred
y the Insured at the Undervriterrs request.
N. 2?I31alikxT PERIOD TwrmY
This insurance applies only to occurrences and losses during the insurance
period and within the United States of America, its territories or
possessions, or Canada.
EXCLUSIONS
r
This insurance dons not apply;
(a) To liability assumed by the Insured under any contract or agreement
except a contract as defined herein;
(b) To bodily injury or property damage caused intentionally by or at the
direction of the Insured;
(c) to bodily injury, property damage or loss which occurs after notifica-
tion to the named insured of the acceptance of the work by governmental
authority, other than bodily injury, property damage or lose result.
ing from the existence or removal of tools, uninstalled equipment and
abandoned or unused materials;
(d) Under Coverages A (1), B and C, to bodily injury, property damage or
loss, the sole proximate cause of which is an act or omission of any
insured other than acts or omissions of any dr!signated employee of
any Insured;
(e) Under Coverages A, to any obligation for which the Insured or any carrier
as his Insurer may be held liable under any vorkarals compensation,
unemployment compensation or disability benefits law, or 1u►der any
similar lav; provided that the Federal Eeployktrel Liability A:t, U.S.
Code (1946) Title 45, Sections 51-60, as amended, shall for the
purposes of this insurance be deemed not to be any similar lavl
(f) Under Coverage R, to in uy to or destruction of property (1) owned by
the named insured or (21 leased or entrusted to the named insured
under a lease or trust agreement.
CONDITIONS
The conditions) except conditions 3, 4, 5, 60 71 8, 9, 100 11 and 12 apply to
all coverages. Conditions 3, 41 5, 60 70 80 90 10, 11 and 12 apply only to the
coverage noted thereunder.
1. PREK(VM The premium rases and rates for the hazards described in the
declarations are stated therein. Premium bases and rates for hata-di
not so described arc those applicable in accordance with the manuals in use
by the underwriters.
The tens "Contract Cos►" me%na the total cost of all work described in Item 6
of the declarations.
The term "Rental most" means the total cost to the contractor for rental of
work trains or other railroad equipment, including the remunerations of all
employees of the Insured while operating, attached to or engaged thereon.
The advance premium stated in the declarations to an estimated prt,mium only@
Upon termination of this insurance the earned premium shall be computed in
accordance with the Underwriter's rules) rated, rating plans, premiums and
minimum premiums applicable to this insurance. If the earned premium thus
computed exceeds the eatima!ed advance yremium pa$,d, tho Underwriters shall
.4•
look to the contractor specified in the declarations for any such excess; if
less, the Underwriters shall return to the said contractor the unearned
portion paid.
In no evL-nt shall payment of premium be an obligation of the named insured.
2. INSPECTION The named insured shall make available to the Underwriters records
of information relating to the subject matter of this insurance.
The Underwriters shall be permitted to inspect all operations in connection
with the work described in Item 6 of the declarations.
3. LIMITS OF LIABILITY. The limit of bodily injury liability stated in the
COVERAGE A declarations as applicable to "each
person"
of the Underu-riterrs liability for alldamages, tInclud-
ing damages for care and loss of services, arising out of borlily Injury
sustained by one person as the result of any one occurrence; the limit of
such liability stated in the declarations as npplic,ible to "each occurrence"
Is subject to the above provisions respecting each person, the total limit
of the Underwriter's liability for nll nu^h dcnnge arising out of bodily
injury sustained by two or more persons ns the result of any one occurrence.
k. 41mlTS OF LIABILITY 7'he limit of linht)ity rn-lrr n:erar;cs B nn•1 C stated
COVERAGES B & C in the declarations as applicable to "each occurrence"
is the total limit cf the Unlerwritrrrs liability for
all damages and all loss under Coverages x -L-,l ` conA}r•c.J arising out of
physical injury to destruction or loss of all prapLr'ry of one or more persons
or organizations, incluriing the loss of kr." ar.t property due to sa^.b
injury or destruction under Coverage F, it-; the result of Any one occurrence.
Subject to the above provision respact:re~ "cacti w_c ur•n:e", the limit of
liability under Coverages B and C stnti,r Jr. trio dealareti.xu as "aggregate"
is the total limit of the Underwriters IW)I lity for 111 ds.rnges and all
loss under Coverages B and C combined arising rut of phy.tcel injury to,
destruction or loss of property, Jncl•:ilng the l,s,t of use of any property
due to such injdry or destruction under CoveraCe H.
Under Coverage C, the limit of the Un!rrvritcr's 11101lit•; "o loos shall
not exceed the actual cash value of the nroperty, or if '.h^ loss is of a
part thereof the actual cr.ah value of such tr.rt, at tree of loss, nor what
it would then cost to rcaAlr or eopl•rce !':c pco;..•; .y or ru~•h part thereof
with the other of like king rind ZuoLltty.
5. S"VERAKLITY OF TWERF,C.-I The terc "thy Ir,jroi" is .,rd Lese•rnliy and not
-OVERAGFS A AND A call!c•ti%r)y, tj; t) J;i_}~;Jrn Lrrrin or more
Char. one Inst:r4,1 chW nat operate to increase the
limits of the Underwriter's liability.
b. NOTICE In the event of an occurrence of loss, written
COVERAGES A & B notice containing partfculars sufficient to identify
the insured and also reasonably obtainable
information with respect to the time, place and circumstances thereof, and
the names and addresses of the injured and of available witnesses, shall be
.5-
-5-
given by or for the Insured to the Underwriters or any of its authorized
agents as soon as practicable. If claim is mde or suit is brought against
the Insured, he shall irtvdiately forward to the Underwriters every demand,
notice, summons or other process received by him or his representative.
7. ASSISTANCE AND COOPERATION OF THE INSURED. The Insured shall cooperate
with the Underwriters and,
upon the Underwriters request, attend hearings and trials and assist
in making settlements, securing and giving evidence, obtaining the
attendance of witnesses and in the r_onduct of suits, the Insured shall
not, except at his own cost, voluntarily make any payment, assume any
obligation or incur any expense other than for such immediate medical
and surgical relief to others as shill be Imperative at the time of
accident.
8. ACTION AGAINST UNDErwRITFRS No action shall lie against the Underwriters
COVERAGFS A & B unles.:, as a condition precedent thereto, the
Insured shall have fully complied with all the
terms of this insurance, nor until the amount of the Insured's obligation
to pay shall have been finally determined either by judF,ment against the
Insured after actual trial or by mitten agreement of the Insured, the
claimant and the Underwriters.
Any person or organization or the legal repreaentative thereof who has secured
such judgment or written agreement shall thereafter be entitled to recover
under this insurance to the extent of the insurance afforded by this
insurance, no person or organization shall have any rifht unler this Insurance
to loin the Underwriters as a party to any action against the Insured to
determine the Insured's liability. Bankruptcy or insolvency of the Insured
or of the Insured's estate shall not relieve the Underwriters of any of its
obligations hereunder.
COVERAGE C No action shall lie against the Underwriters unleas,as a
condition precedent thereto, there shall have been X11
compliance with all the terms of this insurance nor until thirty days
after proof of loss is filed and the amount of lose is determined as provided
in this insurance.
9. INSURED'S DUTY IN EM7 OF LOSS IN THE EVENT OF LOSS THE INSURED SRALL*
COVERAGE C
(a) Protect the property. whether or not the loss is covered by this insurance,
and any further loss due to the Insureds failure to protect shall not be
recoverable under this insurance; real-gable expenses incurred in afford-
ing such protection shall be deemed incurred at the Undervriter's request;
(b) File with the Underwriters, as soon as practicable after loss, his evorn
proof of lose in such forgo and including such information as the
Underwriters may reasonably require and shall, upon the Underwriters's
request, exhibit the damaged property.
-6-
10. APPRAISAL If the Insured and the Underwriters fail to agree as to the amount
COYERI C of los., either nsay, within 60 days rfter the ;roof of loss is
filed. demand an appraisal of the loss. In such event the Insured
and the Underwriters shall each select a competent appraiser, and the appraisers
shall select a competent and disinterested umpire. The appraisers shall
state separately the actual cash value and the amount of loss and failing
to agree shall submit their' differences to the umpire. An award in writ-
ing of any two shall determine the amount of loss. The Insured and the
Underwriters shall each pay his chosen appraiser and shall bear equally
the other expenses of the appraisal and umpire.
The Underwriters shall not be held to have waived any of Its rights by
any act relating to appraisal.
11. PAYMENT OF 1,053 The Underwriters may pay for the lo;c in money but there
(:OJrERAGE C shall be no abnnlonment or the dammed pro
Undcrvritr~rs. party to the
12. NO B TN FIT TO RA ME'r TL^ insurar.-c nffor(i-d by this insurasce shall not
CO'linAGE C emire directly or indi-cctly to the benefit of any
carrier or bailee, other than the nnrwd Insured,
liable for loss to the property.
13. SU9R0.ATION In the event r.f fin
writers shall be sub ogatel toalltthe Insured's~rtRhtsnder-
of recovery therefor against arty person or orgnniratlcni anrl the Insured
shall execute and deliver Instru,-nents ani papers and d,) vh-%tever else is
necessary to secure such rights. The Insured shall do nothing after loss
to prejudice Auch rights.
14. APPLICATION OF IN %1iRANCF The in-jurance afforded by this insurance is
primary Insurance.
15. THREE YEAR INSU Ah.'E A
three n insurance pers,xi of three years is ctexprlsed of
adjustment of earned pr mcum consecutive ube vrnde at l therendsof eaach anntual and
period. Aggregate limits of liability as stated in this insurance shall
apply separately to each snnlul r,erioa.
A. CfiANGES Notice to any noent or knYvledge roasessed by any agent
frr by any other person shill not effect a vniver or e
change in any hart of this Insurance or eatcp the Undervriters from assert-
ing any right uti1"r the terms of thin Inr.ur.incc, nor shall the terms of
this Insurance be vaivrd or chano,.Pl, except by endorsement issued to fore
a part of this insurance, signed by a duly authorized nFent of the
Underwriters.
17. AWIvNMF.NT Aasigament of interest unier this Insurance shall not bind
the W ervriters until its consent endorse* hereon.
_y_
1
18. CANCELIATION This insurance may be cancelled by the named Insured by
mailing to the Underwriters written notice stating when
thereafter the cancellation shall be effective. This insurance may be
cancelled by the Underwriters by mailing to the named Insured, contractor
and governmec al authority at the respective addresses shown in this
insurance written notice stating when not less than thirty days
thereafter such cancellation shall be effective. The mailing of notice
as aforesaid shall be sufticient proof of notice. The effective date
and hour of cancellation stated in the notice shall become the end of
the insurance period. Delivery of such written notice either by the
named Insured or by the Underwriters shall be equivalent to mailing.
If the named Insured cancels, earned premium shall be computed in
accordance with the customary short rate table and procedure. If the
Underwriters cancel, c2rnetl premium shall be computed pro rata. Premium
adjustment may be ma(?c either at the time cancellation is effected or
as soon as practicable after cancellation becomes effective, but payment
or tender of unearned premium is not a condition of cancellation.
19. DECLARATIONS By acceptance of this insurance the named Insured agrees
that such statements in the Declarations as are made by
him are his agreements and representations, that this insurance is
issued In reliance upon the truth of such representations and that this
insurance embodies all agreements existing between himself and the
Underwriters or any of its agents relating to this insurance.
ATTACHED To AND FORMING PART OF CERTIFICATE NO.__U644 OF CERTAIN
UNDERWRITERS AT LLOYD'S, LONDON
lI1muls R. B. JONM INC.
By 'r
-8-
r I
1 ~
STANDARD FORM OF AGREEMENT
1.
As Adopted By
THE TEXAS SECTION OF THE AMExICAN SOCIETY OF CIVIL ENGINEERS
October 7, 1971
Approved as to Legal Form by
Legal Counsel
STATE OF TEXAS
COUNTY OF DENTON
THI AGREEMENT, made and entered into this _22ad day of
_ January A.D. 1980 , by and between
T~QF DENTON
o t e ounty nPnt~n an tale o texas a g
through jFa Mznr and Aran ~~r
l
t ereunto u y aut prize so to o, arty o t e ir~t art, Were.
f inafter tgrmed Oh'NER, and ~~~Q~R~1CTt20b ON CO-
P.. O, Box 64760m 5641 Yaro B va, , uaitas '7'~
o t o 1ty o `Dallas ounty o Dallas
n t t c Of exas oT-
t e aeon art, ere inafte r term c3- ,
i WITNESSETH: That for and in consideration of the payments
and agreements hereinafter mentioned, to be made and performed by
the Party of the First Part (OWNER), and under the conditions
E. expressed in the bond bearing even date herewith, the said Party
of the Second Part (CONTRACTOR), hereby agrees with the said Party
of the First Part (OWNER) to commence and complete the construction
of certain improvements described as follows:
Furnish all plant, labor, materials, equipment required for the complete
i construction of the ROBERTSON STREET BRIDGE under the Missouri
Pacific Railroad in the City of Denton, TeX46, all as shown in the plans
i and as described in the specifications prepared by School], Fields k
i . Associates, Inc,
~I
~T
SF-1
M
C
~ I
• • I
'J
and all extra work in connection therewith, under the terms as
stated in the General Conditions of the Agreement and at his (or
their) own proper cost and expense to furnish all the materials
supplies, machinery, equipment, tools, superintendence, labor,
insurance, and other accessories and services necessary to
complete the said construction, in accordance with the conditions
and prices stated in the Proposal attached hereto, and in
accordance with the Notice to Contractors, General and Special
Conditions of Agreement, Plans and other drawings and printed or
written explanatory matter thereof, and the Specifications
and addenda thorefor, as prepared by Schoell, Fields i
Associates, Inc., 1214 Fort Worth Drive, Denton, Texas, 76201,
herein entitled the ENGINEER, each of which has been identified
by the CONTRACTOR and the ENGINEER, together with the CONTRACTOR'S
written Proposal, the General Conditions of the Agreement,
and the Performance and Payrcent Bonds hereto attached; all of
which are made a part hereof and collectively evidence and con-
stitute the entire contract.
The CONTRACTOR hereby agrees to commence work within ten
(10) days after the date written notice to do so shall have
been given to him, and to substantially complete the same within
/ S U (working) 4*lendar} days after the date
o the wr tten notice to corwhince work, subject to such extensions
of time as are provided by the General and Special Conditions.
SF-2
THE OWNER agrees to pay the CONTRACTOR in current funds the
price or prices shown in the proposal, which forms a part of this
Contract, such payments to be subject to the General and Special
C' Conditions of the contract.
f.
IN WITNESS WHEREOF, the parties to these presents have
executed this Agreement in the year and day first above written.
f.
I,
- CITY OF DENT N TEXAS KIDWELL CONSTRUCTION CO I~
arty o t art arty the econ art [t'TF7CaR)
J
By -0~&etl
By:
Mayor President
RV!
T 1' ana r ATTEST:
I. A
~J City Secretary
t.
L
SF-3
U
1
PROPOSAL
ROBERTSON STREET BRIDGE, BID NUNMER. 8703
The following proposal is hereby submitted to: •
The City of Denton, Purchasing Agent
Mmicipal Building
NIcKinney Street
Denton, Texas 76201
for
All plant, labor, materials, equipment required for conplete construction of:
ROBERTSON STREET BRIDGE
WDER MISSOURI-PACIFIC RAILROAD
IN THE CITY OF DENTO'J, TEXAS'
The undersigned, as bidder, declares that the only person or parties
interested in this proposal as principals are those narc, herein, that
this proposal is made without collusion with any other person, fit.,
or corporation; that he has carefully examined the Notice to contractors,
specifications, and the plans therein referred to, and has carefully
examined the locations, conditions, and classes of materials of the
proposed work; and agrees that he will provide all the necessary labor,
machinery, tools and other apparatus, and other items incidental to
construction, and will do all the work and furnish all the materials called
for in the contract and specifications in the canner prescribed therein
and according to the requirements of the Fngincer as therein set forth.
It is understood that the following quantities of work to be done at
unit prices are approximate only, and are intended principally to serve
as guide in evaluating bids.
It is further agreed that the quantities of cork to be done at unit
prices and materials to be furnished tray be increaser) or diminished
as may be considered necessary, in the opinion of the Engineer, to
corplete the work fully as planned ,tied conte,- plated and that all
quantities of work, whether increases or decreases are to be performed
at the unit prices set forth below except as provided for in the
specifications.
It is further agreed that ltvrp sire prices my be incr^_ased to cover
additional work ordered by the Engineer, but not shown on the plans
or required by the Specifications, in accordance with the provisions
of the General Conditions. Similarly, they my be decreased to cover
deleticn of work so ordered.
P-1
In the event of the award of a contract to the undersigned, the undersigned
will furnish: (1) A performance bond for the full (1001) amount of the
i
f; contract to secure proper compliance with the terms and provisions of
'l the contract, to insure and guarantee the work until final completion,
and acceptance. (2) A payment bond for the full (1001) amount of the
contract to guarantep nsytier.t of all lawful Llaims for labor perfanwd
and materials furnished in the fulfillment of the contract. (3) A
certificate of insurance in the amunt required.
The work proposed to be done shall be accepted when fully completed
-and finished in accordance with the plans and specifications, to the
satisfaction of the Engineer.
The undersigned certifies that the bid prices contained in this proposal
have been carefully checked and are submitted as correct and final.
P•2
PROPOSAL
Item No. Description canitit 'Unit Price Bid Total
400 Unclassified Str. Excavation 1490 C.Y. Sa
• ~9,G'i5, o ~
-r
i
• 5c
407 Steel "H" Piling,HP 12x53 1442 L.F.
407• Steel "H" Test Piles
HP 12 x 53 SS L.F. 9 -;C V.OL
421 Class "C" Concrete. Foot ings 161 C.Y. ~D
300,vo
421 Class "C" Concrete, Abuts $ jer
Wings 154 C.Y. l ~i~ _ <<~ I z6. eo
ys ll~I9~.
440 Reinforcing Steel 25,550 lb
442 Structural Steel, SS
(HS) 7s,060 lb
458 Waterproofing (Deck) I>
'type 4 80 S.Y.
458 Waterproofing (Abuts.) y S
Type 3 17S S.Y. Z6
496 Remove Old Structure (small) 1 each 0.00
4400 Roll-In Operation I each +1.60 f e GSl~.D6
TOTAL BID ~
A.
P•3
Receipt is here by acknowledged of the following addenda to the contract
. documents:
Addendum No. 1 dated 110J1 tJ&r Z Received 11UeVAer
Addendum No. 2 dated /VeiletH40' Received
Addendnan No. 3 -i3t ed AVe;WIXI' ;?-'0 Received 11(;peAwI/r/' Z~
Addendrra No. 4 dated Received
Addendum No. 5 dated Received
The undersigned understands and agrees that the CITY reserves the right
to reject any or all Proposals or to waive any forrolity or technicality
in any Proposal in the `iterest of the CITY except as specifically
limited by the ter-Zs of the Contract ltocnr-ents of applicable laws or
Goverarental Regulations.
The Above Proposal is Hereby Respectfully Subnitted BY:
Aar'aL C'l4/d',-NjJe lcd/ (e. /Nt ,f~r't~~l['F+C ZG /979
W OF OOSMACNR----_______
E R BY (Ml E
SG'r</ yA40 .94'0 rutars 1'f ?(r f - 3G
BUSINESS AWRESS
~ikulS PXAS ~G
ZIP ME
Corporate Seal 0%ben Applicable}
P4
' HUD•fi3s.J
17-66)
U.S. Deportment of Housing and Urban Development
CERTIFICATE OF OWNER'S ATTORNEY
I, the undersigned,_` C. J. Taylor
the
duly authorized and acting legal representative of City of Denton, Texas
do hereby certify as
follows:
I have examined the attached contract(s) and surety bonds and the manner
of execution thereof, and I am of the opinion that each of the aforesaid
agreements has been duly executed by the proper parties thereto acting
through their duly authorized representatives; that said representatives
have full power and authority to execute said agreements on behalf of the
respective parties named thereon. and that the foregoing agreements consti-
tute valid and legally binding obligations upon the
ling the
same in accordance with terms, conditions and provisions thereof.
1.
Date: February 20, 1980
• I
f
t~
Ia1O-MV.h., D. C.
ISURANCE CERTIFICATE
THIS IS 70 CEAilfY THAT fIw polity or poFKias, if any, dawribed In dams 1 through G haw been Issued by the Texas Ensployrs lnwrenc. Assoctolim, and/- she Empbyrr
Caswhy Carlpany, ord/r the Employwt Nafiond Inwronce Comporsy, and/r ten Empbyers CasuaNy Crporofion, and/r 1M Empbyers National Insurorxa Corporation
as Irauw or Imarws to the fncurd dasigrsctd in this certificate. and Noe each such paFKy as poEcin, "*9 to The EmiH Of Tobility, ..cWom, pro rslom, con6ifiam and
other twins thereof, are N Full force and of fact as of the dale of this certificate. If any rush poFKy is cancelled or Is not renewed at Nn regwst of Sidi the Inmd or the
meurar, w if any such poricy or my renawol thereof to changed in any manner a for any mown so or M affect This Certificate, tan days' prior writte,T notice will be moiled
g by the Im v fo the certificate holder, herein nomad. THE CERTIFICATE OF INSURANCE AS SHOWN IN THIS CERTIFICATE REMAINS IN EFFECT UNTIL TEN DAYS' PRIOR
WRITTEN NOTICE IS MAILED TO THE CERTIFICATE HOLDER (at the address shown Wow) AS ABOVE PROVIDED, or if a data Is shown In the coke hooded "expiration
dais," such insurance 000 axpk@ either upon such data, ar upon the dote specified in written nooks, mold ten days prior Nrrefo, wtskhww doh shall first occur. This cwtifka6m
is not a Taint but Is a separate undertaking of oath of Irma :,suronce c_ m m shown below.
This certificate of inwronce is rof an Insuronce policy and does not amend, extend or after IrM coverage afforded by the policies listed heroin. Notwithstanding any nquir"ant,
fern or condioion of any embact w other document with respect to which this certificate of inswaco nay be isswd or may pa, tain, the Insuraas, afforded by the Wkis,s
P dawnTd Swain it subject to all 14 twins, excka;ons and cendifiorss of such policies.
qPI NAME AND ADDRESS OF CERTIFICATE HOLDER EFFECTIVE DATE~OOF THIS CERTIFICATE
E fl
k City of Denton Taira ISSUED AT
s
Municipal Building TkI IRA r Texas,
-
Denton, Texas 76201 Taxae EMPLOVOR81
II Ineuganca AosociaTlon
1 EITIPLOYBRa COSUOLTY
Company
NAME AND Lf10RESS Of INSURED
EMPLOY8PM NaTionaL
Insfunance company
Kidwell Construotion Compagyp Ino.
I,ttn1 Mrs Graber Kidwell EmPLO casuaLTY
Pa Oa Boa 6476o CORPO POR[iTIOn
Dallass Texas 75206 EmPLOYORS NSTIOnOL
Ineuganca COPPOAeTIOn
• BY Aushar4ed epme oN.ef AA-4 A -
IT4*dI a vist •
/
1NSW ICE W FORCR IwviS Of IIAARRI NOT NSS MAN _
IxshMes
Ierh Z;
-T--P"
- sera ers (er One,aws) M /W • I0 Of 0011
tIM rs'kr Ne,s,aw /ereee per PdNy 110'6 •I.ar Our Ass,.sere l«ATIOM Of OrYAteONs
New 4 GvAap / sty Caarsas Wish Is.
66514 %s o warewse'e Ce wree,ewl of
xyaraNw toss
p coverage INr ease O.y sun W TIAAI
R AM leesew N Wri. M ~ ww www
3 Thentw fee Neselag X X X 5100/000 f 100,000
New? Coverage ii I Vtk%
1 Ce.s,rese
e D And lionesses N BIM.
! 71.0r004 see litoos q X X X $100,000 $100000
Sneer 558254 500/000 10,e4eN Owy N S.A., no 1RSIlaIt1 a
POS18NOM AMD CAMADA
Ii towage ThheIa,f _ Hs Nadirs XXX .
/reNrer And reo 100000_2_3000010
Ns,ws BeAly ~Q~Q B t MA sass
'r 593808 r Rri~A-- L5009000-- NM•ate U.S.A., NS /EAlrtOItlF OI
----f lOSS11fsOMS AND CAMADA
/resarry At►' Cenewes it DIM. NN
twnase Thereof sea NraCtns X X X $__500000_
ArNtrsNe
hem 1 F ~ I
!rM Dwsessw N Dles,ts•
Thwad one see Nos t B
Ant Ruaaaa N tank.
Thereat Ns "sell 1 1
IEM~,IAs 111 opezations in the business of the insured 01/3260/co
Ttw Aso, o u rll
CERTIFICATE OF INSURANCE
THIS 15 TO CERTIFY that the following policies, subject to their terms, conditions and etclusiDM, ha.e been issued by
fhis company.
This is not a policy of insurance, nor is it an endortement making the person, firm or corporation at whose request i1 is
issued an additional insured on the policy or pDlicias reforred to herein. However, in the event of cancellation or any reduction of
limits of liability of any policy or policies listed below, the company will give the party to whom this certificate is issued, and at the
address stated herein, ten 110) days advan.e notice. The mailing of such notice a aforesaid shall be sufiicienl proof of notice.
f. Name and address of party to whom this certific+:e is issued, 2. Name and address d insured
Kidwell Construction Co., Inc.
Kard Equipment Company is Corp.)
r City of Denton, Texas Grabcr Kidwell, Individual
Municipal Building F.O. Box 64760
Denton, Texas 76201 Dallas, Texas 75206
L -J
!olicy Elfedive Espiution
(mswamce Company Type of Insurance Numbu Date Dale LIMITS Of VAIMITT'
Workmen's Compensation Statutory
and
Employers Liability Employers Liability Limit-1100,000
Comprehensive ITT ntury
General Liability
i Each Occurrence
1 S Allrelait Ploduds
haperfy Damage
S _ Each Occur it Oct
3 Ae re ate rations
S Allrefale hotedive
AIIrelit, hoduch
S Aggregate Contractual
Comprehensive llulomf)bile sally niury
Liability'' f rock ltrson
s Each Occurreact
Property Damage
S Itch Occurrtmce
United States umbrella 523 05 38 88 10-1-79 14.1-00 52,000,000 each
Fire Insurance Co Liability occurrence
25,000 S.I.R.
bur.
'A►aorae of ■rr oaaaoNioe •a1,r a "s M awh re/wr v r, lN
"G.eu on a."ll, eee•e.rea v hired rehWas.
This Cerfir'lcate 01 Insurance neither affirmatively or negatively amends, *,tend% or ailers the coverage afforded by the pat'1cy
at policies shown above.
Doled January 24, 1980 AI KxnNtIK1a A AIJUILA\tfKH 0V 7109MI /MC7.
Renlarfls ROBERTSON STREET BRIDGE PROJECT oath Floor. Vol I-,r~a-a fa»er, Doaas, loans Was
y Ab+,64'ee 000Wea10911.11 of the Irewer'.e e..K44re1 "levee N tu".
M, r
COMMISSION STATE DEPARTNiENT OF HIGHWAYS ENGINEER-01Rl CTOO
A. Ml.I; LO'IOP CHAIRMAN AND PUBLIC TRANS90R'CATION B. L DEBEARY
DEWITT C. GREER P. 0. BOX 3067
RAY A. BARNHART Dallas, Texas 75221
Jamiary 30, 1980
I'I REPLY REFER TO
FILE NO
Control 195-3
I.H. 35E: Traffic Signal at F.M. 2181 and U.S. 377
Denton County
Mr. Rick Svehla
City Enginc^r
City of Denton
215 East Y61nney Street
Denton, Texas 76201
Dear Mr. Svehla:
We are returning, herewith, a complete and executed copy of the
Traffic Signal Agreement for the above project.
This copy is for the City's records and files.
Your assistance in completing this agreement is appreciated.
Yours very tr y.
John 0. Keller
District Engineer
Attachment F
I
i s•rnrr: uf•r~:xn:; ~
COUNTY OF TRAVIS X
This '.GREENENT, dated this lulday of -A&M4A.-, 19_4L, by and
between the State of Texas, hereinafter called the "StateParty of tha
First Part; and the City of Denton Denton County,
Texas, acting by and through its duly authorized officers under an XWUXA
Resolution, passed the j day of 19„Z,, hereinafter
called the "City," Party of the Second Part, made to become effective when
fully executed by both parties:
I W I T q E S S E T 11 ;
I '
WHEREAS, the City has nu Uwrizcd the installation of highway traffic
i signal(s) by Ir MIMlElEi'Resolutlun, passed on the Ll&day of
r 19_z~ , at the location(s) shown on EXI1IBIT 1, attached hereto and made a
part hereof.
A C R E E H E N T
NOW, THEREFORE, in consideration of the Premises and of the Mutual Cove-
nants and agreements of the parties l,creto to be by them respectively kept and
performed, as hereinafter set forth, it is agreed as fulltus:
1. The State will furnish the necessary funds for the actual construction,
prepare plans and specifications, install said highway traffic signal(s), and
supervise construction.
' 2. The City hereby consents to the construction of the highway traffic
! signal(s) shown on EXHIBIT I by the approval of the location and manner of
construction as shown tin the plant, and descrihed in (lie specificattons.
AGREEMENT (TRAFFIC SIGNAL - 'lY11E K-IA) 11-75-767
D-18
~ 1-4
i
•I ,
1• I'h~' t:lty wIII uplrnlr and mtlnlnln 11n 111ghway Ira IIIv ti ll;oal(n)
upon cumplutiun of the installation(s) by tile SLULU.
4. The City will pay all power costs for operating the signal(s).
5. The City will obtain written approval of the State Department of
Highways and Public Transportation before raking any changes in the design of
operation and timing of the signal(s) or before remuving any part of the in-
stallation(s).
6. The City will return any arid all parts of said highway traffic signal
installation(s) to the State should it (they) be removed by the City for any
reasons other than for installation on a State or Federal numbered highway route
at a location approved by the State.
7. The City will be responslblo for the police enforcement required for
securing obedience to the highway traffic signal(s),
8. In the event the terms of this Agreement are in conflict with the
provisions of any other existing Agreements and/or Contracts between the City
and the State, this Agreement shall take precedence ever the other Agreements
and/or Contracts.
ACRE: fFNl' ('I1tAFF'f(: SIGNAL - TYIY F:-IA) 11-M-767
D-18
'-4
. '
IN TESTIMONY WHEREOF, the parties hereto have caused these presents to
• be executed in triplicate on the dates shown hereinbelow.
Exec ted on be if of t e city this
,aay of
ATTEST:
i
By.
Se r ary for City yor
THE STATE OF TEXAS
Certified as being executed for the
purpose and effect of activating
and/or carrying out the orders,
established policies, or work pro-
f grams heretofore approved and
authorized by the State Highway
and Public Transportation Com-
mission:
1
01
Exptuted on b half of the State this
/day of 19$Q_.
S
By:
' CH1 f NGINTWOF SAM" AND
.vTMOMAINTEIVOea QfMJIRqS u>~aca
MhVI[ 997a~ h~. 7J1:L
: APPROVED AS TO FORM: RE01" FOR APPROVAL:
Ce ral A orney for the City District Engineer
.
Engineer of Truffle
AGREEMENT (9RAFFIC SICHAL TYPE E-1A) ll-7S•767
D-18
/3-4
rsf• jf ` S6•'~'. ~~._Ti•~...~~ j`r. ~.•_.w,'~r..w rj ~•'t'~--
- . y~ - 1e - 3~I
~ r ~ ~ j . ►u.lrt.
1 fro. ry
r w . t ~ ` rOr 4r lUtp
1 ~ ~ • ~ I 1t 1 ~ •
ry I U
1 \ 1
'4 r \DENTON '~.1L~ - / i~ \
MIN w
.ur laonm r
L_ fit: I ~I ~S, t t - LCC:~I1C 11 - •.w. •~.w~.r<MAv
' ! Nr.•r. :.''-1~_ kt,'p 1 / Ir,l _-w.~-.. r• UKAIr
r f
1 A4 ,
• ; / ,T 1+•" : JOAN PONT
11 1 was rl
N -'stapir $-cots
,
avws.w.. ♦ tl 1
/ •a., II ' IJ U►X000
KLKt
01
_ -i .r YF~. ►~Y ~ ~7I of
IN C.1
t•aOr
~ -ter.«~' ~ IOMMti.R YKrLGt
\ 1 EXHIBIT I
Location Hap for Traffic Signal Projects
. } intersection of 135F. Frontage Rds with
" • Ali r d P.H. 2181 and U.S. 317 in the city of
r• dd Denton
Control: 195•3
` Jnc~rrr•
t, v' I i t J MOVNO 1 County I Denton
A.,
000,
SUBLEASE AGREEMENT
THE STATE OF TEXAS )
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON
This sublease, and the consent of lessor, attached
hereto, are executed in triplicate. This sublease is
entered into between Howe Fryman & Company whose business
address is ►Zy FA616 -'bre%Vs 1~EPJr , sublessor,
and the City of Denton, Texas, whose business address is
Municipal Building, 215 East McKinney, Denton, Texas,
sublessee.
1. Sublessor leases to sublessee and sublessee a
leases from sublessor, for the purpose of office space, the
space described in Paragraph 2 herein.
2. The premises subject to this sublease consist of
approximately 630 square feet of space to be located at the
west portion of the building now existing at 124 Eagle
Drive, City of Denton, County of Denton, State of Texas.
3. Sublessor represents that he holds a lease from
Jean H. Schultz, herein referred to as lessor, for a period
of Tw o V CA A.s- .
4. The term of this sublease shall be for a period
of month to month, commencing on the 1st day of February,
1980. Either party may cancel this sublease, with or
without cause, by written notice to the other party sixty
(60) days in advance of the proposed cancellation date.
However, sublessee shall have the right to terminate this
sublease upon five (5) days written notice to sublessor in
the event an execution +ia issued against sublessor or
lessor, or the sublessor makes an assignment of this
sublease, for the ben3fit of creditors, or the sublessor or
lessor Is adjudged b}ginkrupt.
r ~
'ir~ 1, - t
5. The sublessee shall pay to the sublessor the
monthly rental of Three Hundred Dollars ($300.0,0), due and
payable in full, in advance, on the first day of each
calendar month. Furthermore, the first monthly rental
payment shall include payment for the last mr,nthly rental, a
total of Six Hundred Dollars ($600.00) to be paid by
sublessee upon commencement of this sublease. All monthly
rental and any notice of cancellation to sublessor shall be
payable at 124 Eagle Drive, Denton, Texas 76201, or such
other place as sublessor r,ay designate in writing.
6. Sublessee shall commit no act of waste and shall
take good care of the premises and the fixtures and
appurtenances therein, and that at the expiration of the
sublease, peaceable possession of the said premises shall be,
given to sublessor in as good condition as at the beginning
of this sublease, usual wear and tear, damage by fire, and
acts of God or the elements excepted.
7. Sublessor shall, during the entire term of this
sublease, keep said premises and appurtenances in a
condition of thorough repair and good order at hire own
expense, except where the repair has been made necessary by
misuse or neglect by sublessee. Sublessor shall have the
right of access at reasonable times for examining and making
repairs to said premises.
8. At no additional expense to sublessee, the
sublessor shall pay all utility charges for water,
electricity,+ heat, gas and power used in and about the
subleased premises. All such charges to be paid by
sublessee to the utility company or municipality furnishing
the same before the s&ae becomes delinquent.
9. Sublessor shall furnish heating, air conditioning
and necessary electricity for lighting and the operation of
II;jl nrffCn ma(,hinQ:. and d mini.a,i- of. fhrio (3) wit I.
s , , ,'f~ a;pacea; f4~ use by ,subin~g,Qe.
%
10. Sublessee shall not assign or sublet this
sublease or any part thereof without first obtaining the ~
written consent of 0o sublessor and lessor.
11. Sublessee will not make any alterations,
additions or improvements in or to the subleased premises
without first obtaining the written consent of the
sublessor, and any alterations, additions, or improvements,
except movable office fixtures, shall become the property of
sublessor. Consent for alterations, additions or
improvements shall not be unreasonably withheld by
sublessor. However, and more specifically, sublessee shall
have the right to erect or install shelving and the right to
remove, at termination of this sublease, such shelving so
erected or installed. Sublessee agrees to repair any damage
caused by such removal.
12. Sublessee shall have the right to erect
reasonable signs on any portion of the subleased premises
including but not limited Lo, the exterior walls of the
building. Sublessee shall "remove all such signs at the
termination of this sublease, and shall repair any damage
and close any holes caused by Such removal.
3.3. Sublessee agrees (:hat it will provide insurance
coverage for any items, materials or equipment stored or in
use on Vhe premises.
14. If any legal action is filed to enforce this
sublease, or and part thereof, the prevailing party shall be
entitled to recover as attorney fees such sum as the court
may deem reasonable, together'wit!i all costs of the action,
15. Texas law shall be used in interpreting this
lease and in determining the rights of the parties under it.
lb. In the event that said premises shall be
rendered untenantat,le by firo or other casualty during said
term, sublessor i-,ay rebuild said premises within thirty (30)
r r:
u~7C 3~ Y A + f L l i t • r r-t ~~t
r+',i! y 1^' ` .4 . S r C } .t=' L
45, r re r ~r 1' 4 c ..s.' k h r f
"4''.`+4'~rY':f~, t Y~ t!"' ' t t i h t r\+ v i '11'~('t r f y k.
~ Y y. .'til. r.. ;3. ''r• r•'.r~f,
days, but failing to do so, or if said premises shall be
destroyed by fire or other casualty, this lease thereby
shall be terminated; and, in 0-: a.ent c: such termi;iation
of this sublease, sublessee shall be chargeable with rent
only to the date of such fire or other casualty, and if
sublessor shall rebuild within thirty (30) days, sublessee
shall be excused from payment of rent for the period of such
rebuilding.
17. The covenants herein shall extend to and be
binding upon the heirs, executors and administrators of the
parties to this sublease.
18. Time is of the essence of this sublease with
respect to the performance of both parties hereunder.
19. SPECIAL CONDITION: In the event possession of
the herein described premises cannot be presented to
sublessee by sublessor by the 1st day of February, 1980,
this agreement will be cancelled and terminated and any
monies already paid refunded.
IN WITNESS WHEREOF, the parties to this sublease '
agreement have hereunto set their hands and seals on this
the LSV-- day of January, 1980.
HOWE FRYMAN & COMPANY CITY OF DENTON, TEXAS
SUBLESSOR SUBLESSEE
BY: BY:
\j C/
WITH-ES ice-"' WITNESS
G
F •Y ~ ' l
ia`S~ r r.` •f,,
01
LESSOR'S CONSENT TO SUBLEASE
STATE OF TEXAS X
COUNTY OF DENTON X
I, Jean H. Schultz, of 4205 Lantern Light, Plano, Texas, am
lessor of the premises located at 124 Eagle Drive, Denton, Texas
to lessee, Howe Fryman & Company, under a lease executed on~7Y
day of Jjq /~¢ryC 19 yo , granting unto said lessee the
right to sublease the aforesaid premises. I hereby consent to the
sublease of the portion of the leased premises, approximately 630
square feet located at the west end of the building located at 124
Eagle Drive, Denton, Texas to the City of Denton, Texas, a municipal
corporation.
v
JEAN H. SCHULTZ, LESSOR
1
ACKNOWLEDGMENT
STATE OF TEXAS X
COUNTY OF SA9.p
Before me, Li7?r~r - on this
day'personally appeared Jean H. Schultz, proved to me on the oath of
pL"rr_ kxhl , to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that
r she executed the same for the
purposes and consideration therein
expressed.
Given under my hand and seal of office this ZS,LffBay of -phWjjM
, 1980.
a- 3/, V °
EXPIRATION DATE- 00 3~ARgp LI
t,
6
f
y
_ K 26-7
THE STATE OF TEXAS,
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF D5NTON DIED ETHAT Leonard L. Boyd and R.F. Osborn 1353
of Denton County, Texas , In coi.alderation of the sum of
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 C i t y o f Denton , Texas , the free
and uninterrupted use, liberty and privilege of the passage in, along, upon and across the folk wing
described property,
owned by them . Situated in Denton County, Texas, In the
W. Roark Survey, Abstract No. 1087
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.
Roark survey, abst. no. 1087, and also being part of a tract of land desig-
nated as second tract, as conveyed from R.B. Pitts and wife Beatrice Pitts
to Leonard L. Boyd and R.P. Osborn by deed dated March 30, 1962 and record-
ed in volume 479, page 446 of the Deed Records of Denton County, Texas, and
i more particularly described as follows: BEGINNING at a point in the east
boundary line of said tract, said point of beginning also lying at the in-
tersection of the southwest right-of-way line of the G.C. & S.F. RY, with
the northwest right-of-way line of the T. & P. R.R.; THENCE south 24023'30"
west along the northwest right-of-way of the T & P R.R. a distance of 18.77
feet to point for a corner; THBNCE north 34°04122" west a distance of 9.82
feet to a point 16 feet southwest of the southwest right-of-way line of the
G.C. & S.F. RY., said point also being the beginning of a curve to the right ,
said curve having a central angle of 1°28'22" and radius of 7731.1 feet;
THENCE northwesterly along said curve to the right, 16 feet southwest of
and parallel to the southwest right-of-way line of the G.C. & S.F. RY. said
curve having a chord bearing of north 33°20'11" west and a chord length of
198.72 feet, a distance of 198.73 feet to the beginning of a curve to the
right, said curve having a central angle of 1°53'32" and radius of 5820.7
feet; THENCE northwesterly along said curve to the right, 16 feek southwest
of and parallel to the southwest right-of-way line of the G.C. & S.F. RY.,
said curve having a chord bearing of north 31°39114" west and chord length
of 192.22 feet, a distance of 192.23 feet to a ,usnt for a corner; THENCE
north 59017132" east a distance of 16 feet to a point for a corner, in the
southwest right-of-way line of the G.C. & S.F. RY., said point also being
the beginning of a curve to the left, said curve having a central angle of
1053132" and radius of S804.7 feet; THENCE southeasterly alcr.R said curve t
the left, same being said right-of-way line, said curve having a chord
bearing of south 31°39114" cast and chord length of 191.69 feet, a dis-
tance of 191.7 feet to the beginning of a curve to the-left, said curve
having a central angle of 102812211, and radius of 7715.1 feet; THENCE
southeasterly along curve to the left, continuing along said right-of-
way line, said curve having a chord bearing of south 33°20111" east and
chord length of 198.31 feet, a distance of 198.3 feet to the place of
beginning and containing 6326.34 square feet of land more or
Y goo .PAVE 435
across Baia premises, vita the rtignt ano prnvuege at au tunes or toe grantee nerem, nis or its agents,
employees, workmen and representatives having ingress, egress, and regress In, along upon and across
said prgmises for the purpose of making additious to, Improvements on end repairs to tho said
electric utilities, or
any part thereof,
TO HAVE AND TO HOLD unto the said I CI ty of Denton , Texas as aforesaid for
the purposka aforesaid the premises above described.
Witness our hand s , this the I PW day of
~LCA~~~
L.
BOYD
l
K 26? y
11 THE STATE OF TEXAS s KNOW ALL MEN BY THESE PRESENTS:
E COUNTY OF DENTON
[4QE0 Ertxrns M~
THAT Leonard L. Boyd and R.F. Osborn VOW
of Denton County, Texas , in consideration of the sum of
One Dollar ($1.00) - - - - - - - - - - - - - - - - - - - - - - - and other good and valuable consideration
in hand paid by the City of Denton, Texas receipt of which is herby acknowledged, do by
I
those presents seam, bargain, sell and convey unto to the City of Denton, Texas, the free
and uninterrupted use, liberty and 1•rivilege of the passage in, along, upon and across the following
described property,
owned by them . Situated +n Denton County, Texas, in the
W. Roark Survey, Abstract No. 10 8 7
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.
Roark survey, abst. no. 1087, aid also being part of a tract of land desig-
nated as second tract, as conveyed from R.B. Fitts and wife Beatrice Pitts
to Leonard L. Boyd and R.P. Osburo by deed dated March 30, 1962 and record-
ed in vr,lume 479, page 446 of the Deed Records of Denton County, Texas, and.
more particularly described as follows: BEGINNING at a point in the east
boundary line of said tract, said point of beginning also lying at the in-
tersection of the southwest right-of-way line of the G.C. & S.F. RY. with
the northwest right-of-way line of the T. & P. R.R.; THENCE south 24023'30"
west along the northwest right-of-way of the T F, P R.R. a distance of 18.77
feet to point for a corner; THENCE north 34004122" west a distance of 9.82
feet to a point 16 feet southwest of the southwest right-of-way line of the
G.C. & S.F. RY., said point also being the beginning of a curve to the right,
said curve having a central angle of 1028122" and radius of 7731.1 feet;
(HENCE northwesterly along said curve to the right, 16 feet southwest of
and parallel to the southwest right-of-way line of the G.C. & S.1?, RY, said
curve having a chord bearing of north 33020111" west and a chord length of
198.72 feet, a distance of 198.73 feet to the beginning of a curve to the
right, said curve having a central angle of 1053'32" and radius of 5820.7
feet; THENCE northwesterly along said curve to the right, 16 feet southwest
of and parallel to the southwest right-of-way line of the G,C. & S.F. RY.,
said curve having a chord bearing of north 31039114" west and chord length
of 192.22 feet, a distance of 192.23 feet to a point for a corner; THENCE
north 59017132" east a distance of 16 feet to a point for a corner, in the
southwest right-of-gray line of the G.C. & S.F. RY., said point also being
the beginning of a curve to the left, said curve havino a rnn+r^'
uuu auu ~
1053132" and ra tl~ c t ron+
' And It Is farther Agreed kbiit aaId
rwx'.;±$•7#dA ,~i'~r
tdhi
d6itlon of the benefits above met oak wIll remove from the property above described, such fences,
` ~tl ldgs and other obstructions as may now be formd upon said property.
Forthepurposeof constructing, installing, repairing and perpetually main-
taining electric utilities in, along, upon and
across said premises, with the right and privilego 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 brem;ses for the purpose of making additlous to, improvements on and repairs to the acid
electric utilities, or
any part ti,ereof.
TO HAVE AND TO HOLD unto the said /City of Denton, Texas as aforesaid for
the purposes aforesaid the premises above described.
Witness our hands , this the /O day of s7-+r r+ AD,1
LEONARD L. BOYD
•
SINGLE ACKNOIVLEDGNIENT I
THE STATE OF TEXAS,
COUNTY; OF Denton BEFORE ItIE, the undersigned authority
.
„aia'And4v,r ieid County, Texas, on this day personally s
ppearea _.Gt;ona.r.d. L. BQxtL c~Dtl_
',,",Inl 1C
~Cn,%(,n to tt' be t e poraon I whose names. 1J M subscribed to the foregoing Instrument, and acknowledged to me
hey'jxcc ed the same for the purposes and consideration thereirkexpressed.
01 'fj~`IJN ER MY HAND AND SPAT OF OFFICE, This y o ~ _ App.
44
Notary Public, Denton County, Texas
'.l C My Commission Expires Juno 1 9 cs1
SINGLE ACKNOWLEDGMENT
THE STATE OF TEXAS, f BEFORE ME, the undersigned authority,
COUNTY OF. f
In and for said County, Texas, on this day personally appeared
known to me to be the person _..whose namn subscribed h, the foregoinx instrument, and acknowledged to me
that he executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY NAND AND SEAL OF OFFICE, This day of _ , A.D. 19
t L.S.1
Notary Public, County, Texts
Aiv rntnmissinn Expires June 1, ID
CORPORATION ACKNOWLEDGMENT
THE STATE OF TEXASr BEFORE NIF, the undersigned authority,
COUNTY OF.
In and for sold Co' nty, Texss, on this day pert nnliy appeared
if tv rtlc L.r he the prrsr n and ufiiecr
whose name Is ecb,cribed to the [,,ii it>'rvtni nt and nrknnwlcd ad to n,r 111A. t} P: 3110 Was the art of tiro 811 1
a corpornt.on, and that he etrcutc.l the romp ns th,- act of snch corporati♦-a fur 0,, p '.r; 3 •s end cons! k ration therein
expressed, and In the capacity therein state].
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of A.U. 19
(L.S.)
Notary Public, County, Texas
bly Commission Fxpl^es June 1, 1D.....
CLERK'S CERTIFICATE
THE STATE OF TEXAS, 1, . County
COUNTY OF.. fi
Clerk of the County Court of sald Count y,,do e'eb certify th;~tthe ~~f,``or~eygo~iyng instrument of Writing tinted on the
_ day of............. D. 19 ` ItilltMi iArute of Authenticatinn, was file: `vr
COVMI
IRK tm rccordttn my ofore on the day oil t 61s lnstfb rn ~medt is Qaut"Teqt~
IfenDy esrtJty tM MI Gkdon ft ' nt o crock h[., and duly
recorded this day of lets u,d time stamped Dueon by meles qd* f" at o'clock M., in the
tdd,dinth~evyeapgtlua~,,7aM~ t +41hy' fume
0 pow" t7wmr~~~ef se stamped A4tw on pages
WITNESS MY ]IAND AND SEAL OF THE COUN ~ n1 at ctpiee In
a r a e dalfilkrIja o`I M~boee written.
'O4Ce.s n QIrG` Coul,ty, Tnxna. 01 (L 1 / . . Deputy,
COUM MRIt, saran County. reres r
lot
E Y,
F1 FQ,
M 2.
f-A
C i s u
0
U I a•i
q7 40
fl THE STATE Or TEXAS'
COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS:
Die Fn R rfxPM
THAT Highland Baptist Church of Denton, Texas IS07
of Denton County, Texas
In consideration of the sum of
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, tae rr~a
and uninterrupted use, liberty and of the
privilege yvsaage in, along, upon and across the following
described property,
owned by them . Situated in Denton County, Texas, in the
R. Beaumont Survey, Abstract No. 31
1 that certain lot, tract or parcel of land lying and being situated in th
ty and County of Denton, State of Texas and being part of the R. Beaumon
rvey, Abstract No. 3) and also being part of a tract of land as conveye
om Margaret Johnston Gray, et al to Highland Baptist Church by deed date
tober 4, 1967 and recorded in Volume 557, Page 29 of the Deed Records o
nton County, Texas, and more particularly described as follows:
MMENCING at the southwest corner of said tract said point also being the
tersection of the north right of way line of Scripture Street with the east
gof way line of Thomas Street;
•
ENCE north 00 34' west along the west boundary line of said tract same
inq the east right of way line of Thomas Street a distance of 196.2 feet t
e point of beginning;
ENCE north 00 34' west continuing along said line a distance of 16 fee
a point for a corner;
ENCE north 890 26' east a distance of 175 feet to a point for a corner;
ENCE south 00 34' east a distance of 37 feet to a point for a corner;
ENCE south 890 26' west a distance of 16 feet to a point for a corner;
ENCE north 00 34' west a distance of 21 feet to a point for a corner;
ENCE south 890 26' west a distance of 159 feet to the place of beginnin
d containing 3,136 square feet of land, more or less.
And It Is further agreed that the said City of Denton, Texas ,
In consideration of the benefits above set ont, will remove from the property above described, such fences,
buildings and other obstructions as my now be found upon said property.
For the. purpose of constructing, installing, repairing and perpetually main-
taining public utilities In, along, upon and
across said premises, with the right and privilege at all times of the grantee herein, his or its agents,
employees, workmen and representatives having Ingress, egress, and regress in, along upon and across
said premises for the purpose of making additions to, improvements on and repairs to the said
public utilities, or
any part thereof,
TO HAVE AND TO HOLD unto the sold City of Denton, Texas as aforesaid for
the purposes aforesaid the premises above described.
tness our hands , this the gtty day of A. D. 19RO .
111GHLAND APTIST RCH
BY : ~~G%~
SINGLE ACKNOWLEDGMENT y0L 996 m 727,
THE STATE: OF TEXAS, BEFORE ME, the undersigned authority,
COUNTY oF_ DENTON i.,,"
In ar.d for said
County, Texas, on this day personally appeared _-H1$fliRtl~_..~s1?.1.LS.~_..~f7UIC~l,af;
• . - y
......,fit. v. `
knoi%n to me to be the perann whose runic i S subscribed to the foregoing instrument, er~~ eek w~ gad to pi; s
that he executed the same for the purposes and consideration therein expressed.
GtVFti' UNDER PY HAND AND SEAL OF OFFICE, Th!s 4 [ +.y if... 11 zS, , A .D. Notary Public, Dehton._------------ . t ('aunty, T
a
My_.Commission Expires June 1,-19-._.
SINGLE ACKNOWLEDG31ENT
THE STATE OF TEXAS, BEFORE ME, the undersigned authority,
COUNTY OF.
in and fu: said Count 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 day of A.D. 19
( L.S. )
Notary Public, County, Texas
_ Atv rmmn.fesinn Expires June 1, 19
CORPORATION ACKNOWLEDGMENT
THE STATE OF TEXAS? ~ BEFORF: MF. the undersigned authority,
COUNTY OF
In and for said County, Texas, on this day personally appeared
kro n to nip, to be the person and otrcrr
whose name Is subscribed to the f, rcgoin,r G.strom,nt nod nrkr.owledgod to m., that the wino wogs the net of the sell
a corporation, and that he executed the sane ns the art of such corporation fur th,• ri;l ro acs and consi Icni-don therein
expressed, and In the capacltt tberuin stab d
GIVEN UNDER MY NAND AND SEAL OF OFFICE, T his day cf A.D. 19
(L.S.) aC $C G Notary Public, County, Texas
ir My Commission Expires Jm,e 1, I9_
CERTIFICATE
THE STATE 0
COUNTY OF. 3 I, County
Z. ~x
Clerk of the County u t Id tR It 44 y certify that the foregoing Instrument of writing dated on the
day of.... q.~ , . D. 19 with its Certificate of Authentication, was filed for
record in my oMee an d f 1. D. 19 , at o'clock M., and duly
recorded thle . a of - _ II , A. D. 19 . , of o'clock M., in the
a
~ ords of sold County, in Volume _ , on pages
WITNESS MY HAD' W •E AL OF~ lk(V N COURT of said County, at once In
~t da and year last above written.
Co.inty Clark County, Texas,
(L S•) Ey-_._... _ _ Deputy.
~ V7
1 ~I E 1
FILES
I
F"f F., ~ I ~::0 r1N! I S j ~ 3: OO
~ ~ PI I pp
`tj »1 L, II l 1. Ix. C."
o 6r L S EPU a a
1. a ~y ~ ~ :4, I > ~
WW ~ i
9
MENEM
K v5
v..V_ rFy,
THE STATE OF TEXAS r KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON p
THAT B.L. Norton and Jimmie C. Roberts
a
of Denton County, Texas . , in consideration oi~ a sum of
One Dollar ($1.00) - - - - - - - - - - - - - - - - - - - - - - - and other good and valuable consideration
In hand paid by the C i t y o f Denton, T e x a s receipt of which is hereby acknowledged, do by
these presents grant, bargain, sell and convey unto to the C i t y o f Denton , T e x a s , the free
and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following
described property,
owned by them. Situated in Denton County, Texas, in the
R. Beaumont Survey, Abstract No. 31
ll that certain lot, tract or parcel of land lying and being situated in th
ity and County of. Denton, State of Texas and being part of the R. Beaumont
urvey, Abstract No. 31 and being part of Lot No. 2, Block B, of the Joh
oady Addition, an addition to the City/County of Denton, and also being par
f a tract of land as conveyed from Hillhaven, inc. to 8. L. Norton an
immie C. Roberts by deed dated December 31, 1111 and recorded in Volume 111,
age 225 of the Deed Records of Denton County, Texas, and more particular)
escribed as follows:
OMMENCING at the northeast corner of said lot;
HENCE south 890 50' west along the north boundary of said lot a distanc
f 16 feet to the point of beginning;
HENCE south 00 21' 24" west a distance of 16 feet to a point for a corner;
HENCE south 890 50' west 16 feet south of and parallel to the north
oundary line of said tract a distance of 58 feet to a point for a corner;
HENCE north 00 21' 24" east a distance of 16 feet to a point for a corns
n the north boundary line of said tracts
HENCE north 890 50' east along the north boundary line of said tract
istance of 58 feet to the place of beginning and containing 928 square fee
f land, more or less.
And It is further agreed that the said City of Denton, Texas
in co -isid e ration of the benefits above net out, will remove frum the property above described, such fences,
buildings and other obWuetlone as may now be found upon said property.
For the purpose of constructing, installing, repairing and perpetually main-
taining public utilities In, along, upon and
across said premises, with the right and privilege at all times of the grantee herein, his or Its agents,
employees, workmen and representatives having ingress, egress, and regress in, along upon and across
said premises for the purpose of making additions to, improvements on and repairs to the sold
public utilities, or
any part thereof.
TO HAVE AND TO BOLD unto the said C i t j of Denton, Texas as aforeeald for
the p+:rposei aforesaid the premises above described.
Witness our hands , this the day o A. D. 19 cSy~
L, N
3 M1f? G. ROSF.RT1Sra
....ter t~
d
THE STATE OF TEXAS, SINGLE ACKNOWLEDGMENT yp~ 995 MEW
l
COUNTY OF . DENTON f BEFORE ME, the undersigned authority,
%fin"I (ar said County, Texas, on this day personally appeared . &t.--Norton and _limmi@_.~
Q~l~} rt's
_ __.._e.r.
- _ -
kn0.'r to NKW'be the person s. whose name s are subscribed to the foregoing instrument, and acknowledged to me
R ; lthat' the ",ckecuted the same for the purposes and consideration therein ~c pressed,
►L t C,IVE;i11NDER 31Y IIAND ANT) SEAL OF OFFICE, This ray - da~o !2117 ~..`f A~ 19 ~
=r'
t, s' (L,tS.) err . _
Notary Publie. .
rJV Y f I r t G j ^ nt - - C. onnty, Texas
My Commission Expires J e 1, 194V
}d 7~ sr
SINGLE ACKNOWLEDGMENT
THE STATE OF TEXAS, l BEFORE ulE, the undersigned authority,
COUNTY OF_..... f
In and for Bald County, Texas, on tills day personally appeared
known to me to be the person .whose name suhsarihe,d to the foregoing Instrument, and acknowledged to mo
that he...... executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day cf...___. A.D. 19
( L.S. )
Notary Public, County, Texas
llrv rnmmissinn Exniras junk 1, 19
CORPORATION ACKNOWLEDGMENT
THE STATE OF TEXAS, I P*'11`00; CIE, the undersigneA authority,
COUNTY OF.
In and for said County, Texas, on this day 1rc rsonally apprnred
krr,, n t., me to 1,c the p, rs~ n and olfcer
whose name is subscribed to the f~,~re;roiurr instlvrwnt nrol nrNcmrledced to nlc Ihr'. IL; han•r wev the art cf t`e sail
i, eorporntlnn, and that he executed the Same ca the act of cuch eoryni atlnn for th-1 p It pr rua and coral lerution i1a ruin
expressed, and In the capacity therein sLrtod.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day c4 _ A.D. 19
(L.S.) . .
i
Notary Public, County, Texas
My Cornmis.lon Expires June 1, 19 _
4 a CLERK'S CERTIFICATE
TIi OF 4S,
O I, County
Cr V~doy ounty Cheat sgl~^~ounfy, do hereby •ertify that the foregoing instrument of writing dated on the
s~ A. D. I9 with its Certificale of AuthCnt(entlen, was fled for
eco }k~Q o~ t day of A. D. 19 at o'clock M,, and duly
this . Fitrv..4 ~'e A. D. 19 , fit o'clock 1L, in the
I 0 ,v if - Records of said County, In Volume _ on pager
"T
o 114i
ev ITNEWA
D SEAL OF THE COUNTY COURT of said County, at clllee In
49 A
, the day and year last above written.
/
- it
Rory County Clerk . County, Texas.
~ By Itrputy,
V A i " a~ I3 I
LED
W 4 Mli c V;
{ z° o I
ti
go \s U
t__ J~
_X-4
THE STATE OF TEXAS, KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON
THAT Dale Irwin 1029
DEEO RECx>i~
of Denton County, Texas , In consideration of the sum of
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 , tho free
and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following
described property,
owned by him . Situated In Denton County, Texas, In the
A. Hill Survey, Abstract No. 6 2 3
1 that certain lot, tract or parcel of land lying and being situated in the
ty and County of Denton, State of TexaE and being part of the A. Hill Sur
y, Abstract No. 623 and being part of Lot No. 12A, Block A, of the Repla
the Paul Hamilton Addition, an addition to the City/County of Denton, an
so being part of a tract of land as conveyed from Joe Pennington to Dal
win by deed dated March 1, 1979 and recorded in Volume 939, Page 831 of the
ed Records of Denton County, Texas, and more particularly described a
llows:
GINNING at the southeast corner of said tract said point of beginning lyin
the west right of wsy line of Cleveland Street;
ENCE south 890 O1' west along the south boundary 11ne of said tract
stance of 20 feet to a point for a corner;
ENCE north 20 feet west of and parallel to the east boundatk;'line• igNsai
act a distance of 16 feet to a point for a corner)
ENCE north 690 Oil east a distance of 20 feet to a point for a corner i
e east boundary line of said tract same being the nest right of way line o
id Cleveland Street;
ENCE south along the east boundary line of said tract a distance of 16 fee
the place of beginning and containing 320 square feet of land, more o
89.
And It Is furthtr agreed that the Bald City of Denton, Texas ,
In consideration of the benefits above set out, will remove from the property above described, such fences,
buildings and other obstructions as may now be found upon said property.
For the purpose of constructing, installing, repairing and perpetually main-
taining 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,
employeoe, workmen and representatives having Ingress, egress, and regress In, along upon and across
said premises for the purpose of making additions to, improvements on and repairs to the said
public utilities, or
any part thereof.
f
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for
purpdeies aforesaid the premises above described.
Witness my hand , this the ASV day o A. D. f9. 1!
voi g~5
,
SINGLE ACKNOWLEDGMENT v01 995 vAGE 94
COUNTHETY Y STATE OF OF OF DENT ON _ TEXAS,. BEFORE ME, the undersigned authority,
♦
in and for said County, Texas, on this day personally appeared 1R.,.......
Nm.nn,..,
-
-
}Q Sso% o rite ~tbe the perscn whose name is subscribed to the foregoing instrument, and acknowledged to me
~rt~he :'&ccuted the snme for the purposes and conslderatlun therein expressed, ]
..t GIVES 1~SDER MY IiAND AND SEAL OF OFFICE, Thls"~~ y NJunI, i71 7` CA) , I% Notar ....County, Texas
y . ubllc,
i11y Commission Expirca 9..
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 arni consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of.-___..._...._._ A.D. 19
(1..5. )
Notary Poblte, County, Texas
btv fammissinn Fxplres June 1, 19 _
CORPORATION ACKNOW1,131)(IMENT
THE STATE OF TEXAS, BEFORE JIE, the undersigned authority,
COUNTY OF
In and for sold County, Texas, r,n this day personally appeared
i.m,tcn to mc, to 6e the p, rs,,n And o1P,c( r
whose name is subscribed to the f ore,roi)g !nFtramcnt And nckno«9e,IFC1 Go tie tint the same was the act of tl.e said
a corporation, and that he executed the same ns the act of such corporation for the n!irtn;cs and eonsidcrntion therein
expressed, and in the capacity therein dated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of A.D. 19
(L.S.)
Notary Public, County, Texas
My Cntnmission Expfres June 1, 19
a a CLERK'S CERTIFICATE
THE SJA ' 1~ E County
COUNTY~ F.. 1n, _ fa)~,Iu Clerk of-L-Cou Court 0tbR do hereby certify that the foregoing Instrument of writing datod on the
_...........b..,. day ....b ? y , A. D. 19 with its Certificate of Authentic ition, was filed for
record my f on t29! eca 9x1 A. U. 19 at o'clock _ M,, and duly
record . - Waric A. D. 19 at_ o'clock M., In the
r , JM
Records of sold County, in 1'ulume__. , on pages
ITNES4 MY IfA gA15 F THE COUNTY COURT of sold County, at office In . _ .
~•.•....••••••••.i'. _ . the day and year last above written
y 7 County Clerk County, Texas.
(L 8.) By. Deputy.
n FILED
to:
n ~ Q f
O I b
t~-
~ Also
.
K-ISM ~
THE STATE OF TEXAS, vr~ 996 ew438
KNOW ALL b.',EN BY THESE PRESENTS:
COUNTY OF DENTON PEED R ECOFft
THAT Leonard J. Wood and wife LaVonne M. Wood 1354
of Denton Count~•, Texas , in consideration of the sum of
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, seill and convey unto to the Ci ty of Denton, Texas; tha free
and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following
described properly,
owned by them . Situated in Denton County, Texas, in the
J. McGowan Survey, Abstract No. 797
1 that certain lot, tract or parcel of land lying and being situated in
e City and County of Denton, State of Texas and being part of the R.
Gowan Survey, Abstract No. 797 and being part of Lot No. 25, Block B, of
e Timber Oaks Estates, an addition to toe City/County of Denton, and also
ing pa.' of a tract of land as conveyed from Jayson Homes, Inc. to
onard J. Wood and wife, LaVonne M. wood by deed dated September 28, 1978
d recorded in Volume 9]5, Page 34 of the Deed Records of Denton County,
xas, and more particularly described as follows:
ING the west 5 feet of said lot and being 125 feet in length and
ntaining 625 square feet of land, more or less.
And it Is furtberagretd that the eaid City of Denton, Texas ,
In consideration of the benefits above set out, will remove from the property above described, such fences,
buildings and other obstructions as may now be found upon said property.
For.thepurposeof constructing, installing, repairing and perpetually main-
taining electrical utilities In, along, upon and
across said premises, with the right an.i privilege at all times of the grantee herein, his or Its agents,
employees, workmen and representativts having ingress, egress, and regress in, along upon and across
said,premires for the purpose of making additions to, Improvements on and repairs to the said
'elertrirpxl utilities, or
any prtt thereof.
TO HAYE AND TO HOLD unto the said City of Denton, Texas as aforesaid for
the purWos aforesaid the premises above described.
Wltnossour hands , this the / O'er, y ofJ G7i~ar- ,
A. D. 19JI"d
.AVONNE M. OOD
' t~ir~~r...,~..r. v.~r.rwr.r.rw~ ~w.•srr r w.~~.vu~~mr-••~r•
elr new.ees~c~..~.w~tme_s~x~e~ese~e+~~
SINGLE ACKNOWII'DGMENT
THE STATE OF TEXAS, BEFORE ME, the undersigned authority,
OF DENTON }
;'llh +14, id County, Texas, on this day personally appeared R. ORD
-1 1
Q,t . _
.L s1 .
4 "
- - - - - - - - - - - - - - -
r
A to mR ta-Lit the person whose name 3S subscribed to the foregoing instrument, and acknowledged to me
~ at
~boy i ~txOcuto I the some for the purposes end consldLratfoa thet rln expressed, q r
* ,G'IVK, -UNDER, MY HAND AND SEAL OI GC'FICE, TLIe. i W'... its i ",r- , A 19cT U
4L b" )
? d~ ,r' Notary Public, D0Rt0 _ -.County, Texas
My Commission Expires Ju a 1, 1Wi.
SINGLE ACKNOWLEDGMENT
THE STATE OF TEXAS, BEFORE ME, the utdersigned authority,
COUNTY OF.
In and for said County Texas, on this day personally appeared___
known to me to be the person....... whose name... subscrir,cd to Lrc foregoing instrument, and acknowledged to me
that...... he execut d the same for the purposes and consideration thireln expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This. day of----- . A. D. 19
(L S.)
Notary Public, County, Texas
my rommisOcin Expires June 1, 19
CORPORATION ACKNOWLEIMIENT +
THE STATE OF TEXAS, T BEFORE AIE, the undersigned authority,
COUNTY OF,
In and 'or sold County, Texas, on this day personally appeared
- knnan to me to be the p~-rsnn anr! ra"icer
w•hoso name is subecribed to the -^rrepoirz i1shoriant and acknowledged to me th>.l Ac same was the ect of Ox saii
a corpor.ttion, and that ho ev rntr t the -ma ss the a-t of sarh rorpwratien f.,r the 11r.rpre.7 and ronrldera ;on Ihercfn
expressed, and In the rapacity therein staled.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of _ , A. D. 19
Notary Public, County, Texas
My Ccmmission Expires Juno 1, 19..._. _
CLERK'S CERTIFICATE
THE STATE OF TEXAS,—— . I, county
COUNTY OF.. .
Clerk of the County Court of said County,"Ut'lKartify thatftbW 8F,$" jWns;rument of 'writing dated on the
. day of MUM CtMODenloq Qp(k)yjft*rtif1ate of Authrntication, was filed for
rtti and in my oflice on the.....__.......... day of. . e~ j limit, lty that this Instromeal l js {iced pm qtt o'clod, Al., and duly
st:mpsd hcfleh dy ms 1' was d* M
reeordtd tAfs...., day of fin thy_yp(ume and page et lAa peAworhat _ o'clock M., in the
d Denton Crec~dr~~da~J'~hhl'l1iR§QgAylfr4rmc .
, on pages
WITNESS MY BAND AND SEAL OF TH UNTJAW145oW0 County, at ofTico In..............
r
: t+~ q d year i t obave w• itten.
Y
1
r' o
+es' Co.y Jerk F County, Texas.
f IL, 8.1 CnUNrr J19 bomon Cauaty Tuy Deputy.
0
fE
~ILE~
'Ca'Q. AN 14' Pq 2 19
S g o I Y. r HN Y a
t O v g
Pow I
SEARS, RCEWOC AND 00. ,
a New Yo corporation
Sy .6
Execu ve Vxoe ~
President
IL
ATTEST:
Assistant Socretary
Cn this the /day of u , 1980, befor- me,
a Notary Public duly authorize in and for the said County in
the state aforesaid to take acknowledgeir nts, personally appeared
W ? G r_L~d mo ~/C to me known and known to me to be the
Executive Vice President of Seare, Roebuck and Co. ,
one of the corporations described in the foregoing instrument, and
acknowledged that as such officer, being authorized so to do, he
executed the foregoing instrument on behalf of said corporation by
svt,scribing the name of se.:a oo poration by himself as such officer and
caused the corporate seal of said oorporatien to be affixed thereto,
as his free and voluntary act, and as the free and voluntary act of
said corporation, for the uses and purposes therein set torth.
in Witness Fftreof, I hereunto set my hand and official seal.
Notary c
;eSeste McCown, Notary Public 11
And for Ualkas County, Texas
My Omv&ssian Expiresr
Oota►ty of Fesicle/noes
S
1
4.
.~A
~ -7-
OCt4STRUMCN WMCP RS, =RPORATE:D,
an A3msas corporation
Vioe Prey dent!
ATIM:
..Aso retary
On this the day of Tty , 1980, before me,
a Notary Public duly authorized in and for the said coulty in the
State aforesaid to take acknowledgements, personally appeared
C Ilk, to me known and MxAm to me to be the
-AS NY ll~~ of Construction Developers, 7J1C• ,
one of the corporations described in the foregoing instrument, and
ackomledged that as such officer, being authorized so to do, he
executed the foregoing instrument on behalf of said corporation by
subscribing the nave of said corporation by himself as such officer
and caused the oorporate sial of said corporation to be affixed thereto,
as his free and voluntary act, and as the free and voluntary act of
said corporation, for the uses and purposes therin set forth.
In witness whereof; I hereunto set my hand and official seal.
Notary Public
tYly Cbnmission Fires:
bweme aj Iqj(
Oounty of residences
~UUfSk~, ~ K~~
l 1
H. J. WIIBCN 00., INC.,
a Ioui~iana corporation
/f-
Bye
V ae President
ATTEST:
/Assistant Secretary
on this the ,2 y day of 1980, before me,
a Rotary Public duly authorized in and for the said ornnty in the
Stata aforesaid to take acknowledgements, personally appeared
, f , to me knmm and knom to re to be the
V Ice F~esident of H. J. Wilson (b., inc. ,
one of the corporations described in the foregoing instrwent, and
acknowledged that as such officer, being authorized so to do, he
executed the foregoing instrurent on behalf of said corporation by
subscribing the name of said corporation by hinmlf as such officer
and caused the corporate seal of said corporation to be affixed therto,
as his free and voluntary act, and as the free and voluntary act of
said corporation, for the uses and purposes therein set forth.
In Witness hftrwf, I hereunto set my hand and official seal.
My Ommission Expires:
county of Rasp, ens:
~ .
-10-
MCCWFM I S, Im.,
a 4Oxas corporation
President
ALMFST:
Ax~t Secretary
t
on this the J- day of t. , .1980, before me, a
Notary Public duly author ized (i.n and for * said County in the
Stc%te aSoresaid to take ackmMedgerents, personally appeared
to me known and known to me to be the
,rise i resits-nt of I4:Clurkan's Inc. ,
one of the corporb*-ions described in the foregoing instrument, and
acknowledged that as s%xh officer, being authorized so to do, he
executed the foregoing instxurnnt on Whalf of said oorporation by
subscribing :he mane o: said corporation by himself as such officer
and caused the corporate seal of said corporation to be affbaed there-
to, as his free and voluntary act, and as the free and voluntary act
of said corporation, for the uses and purposes therein set forth.
In Witness %tereof, I hereunto set my hand and official seal.
Notary Public
My Ommisssion hiresss:
` f Aesidenoe s
C.L ~<1
~J