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HomeMy WebLinkAbout03-1980 MARC4 190 . c~dlda~~~os 798 ~ TRIP TO DAIS t . c c& v I' P Cnu PLWAso REPLY Z'Qa SIGNED DATE SIGNED ' . Rid me IM OAM I AND t WIN CA16W IP Att, / FAxf 1 WML N Ntfutlao W"w tiny, 45465 ra, p" o>o wni •wf DETAf.N AND ME FOR FOLLOW-UP 8 on 0 aa~'6H s O ti v P 7 rip ~i . T 0, ^ 0 CL x c a o" s noo x o[a y °~c ° t^ rn a P'5 CL 0 C0 0 ~ n ary~~ sp in s d l ti I C>,: , m H'f C! O~ N 0 0 C L4 Lo C: 0 ° to a1 y c n c ' d 7 c) rn CL r. > N p ~o ~o ~ c. !0 Jd ~ta 2 ~ N _ ~ ~ m e I I o hS A p i IF,(' yn 5 "O '~I o H N x O ~ yP + J Irl D C 7 r- O s f7 v 7 co z v " q b O. v a 1'(Ij n ay I e c g c " o. 3 IZ k°a N i } i e. ap n `1 C I T Y OF D E N T O N S U P P L E M E N T TO T H E ` T A X R 0 L L For the Month of March, 1980 Real Estate and Business $ 3,0.39.86 Personal Property, Autos 1,903.03 $ 4,992.89 • Hugh Mixon Tax Assessor-Collector City of Denton, TX C I T Y OF D E N T O N S U P P L E M E N T TO T H E TA.X ROLL For the Month of MARCH, 1980 Real Estate and business NAME TAY YE11 ACCOUNT NUMBER TAY Gladys Higgs and Bill Midgett 1979 0761-01800 S' 68.20 Jose Silva 1979 0761-01900 56.67 Stephen E. Jackson, et ux 1979 0830-00300 109.50 Arden Smith Parkes 1979 1790-01300 43.78 E. R. Wagner Mfg. Co. 1979 2110-00503 1,590.18 Fred W. Tillie 1979 3230-00150 183.52 John R. Jeanes, et ux 1979 3230-00160 331.32 Gibraltar Savings 1979 3930-04300 269.21 Norma Young, et al 1979 5100-00400 64.48 Dr. Pepper Etetroplex 1979 9030-06750 373.00 TOTAL $ 30089.86 i O • CITY OF D,ENTON S UPPLEMENT TO THE T A X R 0 L L For the Month of MARCH, 1980 Auto Personal Property NAME TAX YEAR ACCOUNT NUMBER TAX Ima L. Footlander 1979 9999-18121 $ 23.25 Clifford Johnson 1979 9999-28321 29.01 Ronnie Roberts 1979 9999-46211 21.39 Jane It. Hicks 1979 9999-24766 18.32 Henry A. Bradford 1979 9999-05671 29,57 Mary H. Payne 1979 9999-42006 24.92 Mary M. Payne 1979 9999-42007 38.87 Clinton Bates 1979 9999-03081 20.08 Colene Mash 1979 9999-34956 10,97 Betty I. Murphy 1979 9999-39201 12.83 Harry H. Ledbetter 1979 9999-31977 11.53 Harry H. Ledbetter 1979 9999-31976 23.43 Barbara J. Felker 1979 9999-17511 31.06 Kenneth Jon Felker 1979 9999-17516 31.06 Raymond Kruger 1979 9999-30991 '15.11 Luther A. Brock 1979 9999-06291 24.18 R ert J. Lee 1979 9999-32071 24.55 ert J. Lee 1979 9999-32072 24.55 Janice N. Osborn 1979 9999-410?1 24.55 Patricia Nations 1979 9999-39451 27.34 Kathy Minnis 1979 9999-37806 30.87 John H. Masciocchi 1979 9999-34951 25.11 George Selby 1979 9999-48591 11.40 Howard Smith 1979 9999-50036 33.72 Frank Reding 1979 9999-44826 21.82 Pat Bomar 1979 9999-05076 28.27 Joe W. Tynes 1979 9999-54`21 33.48 Kevin E. Lord 1979 9999-33441 13.20 David Jackson 1979 9999-27476 35.71 Thomas 11. Epting 1979 9999-16851 13.20 Alexander Ferguson 1979 9999-17566 14.88 Stephen R. Richard 1979 9999-45461 31,62 George Rabey 1979 9999-44146 23.43 Jane G. Malone 1979 9999-34246 32.73 C. 0. Gray 1979 9999-21176 42.16 Rodney G. Nelson 1979 9999-39730 40.17 Jamee W. White 1979 9999-57566 25.11 Helto,i S. Scogin 1979 9999-48321 34.59 Henry IV. Greene 1979 9999-21461 23.032 CONT'D ~r C I TY OF DENTON SUPPLEMENT TO THE . T A X R 0 L L For the Month of ~IAPCH, 1980 Auto Personal Property NA51E TAY YEAR ACCOUNT NUtiffiER TAX John Ventrca 1979 9999-55345 $ 35.71 L. M. Gibson 1979 9999-20176 36.64 L. M. Gibosn 1979 9999-20177 10.23 R. J. Harrod 1979 9999-23526 31.24 Dumrong Seefa 1979 9999-48556 24.55 Mike Colville 1979 9999-11116 28.08 Thomas Hutchins 1979 9999-26931 31.24 Lisa Jones 1979 9999-29026 23.25 J. R. Neblett 1979 9999-39551 31.80 Margaret Rodgers 1979 9999-46411 28.02 Ken Rosier 1979 9999-47631 14.13 J.. J. Higdon 1979 9999-24801 Crillon C. Payne 1979 9999-41936 16.55 Robert Jackson 1979 9999-27586 26.78 Wanetta .i. Mullen 19.90 Alton M. Hodges 1979 9999-39071 23.68 H Altz, c/o ton JD. Perry 1979 9999-25211 29,76 979 9999-24596 31.80 ro. Life Ins. 1979 9999-37381 28.64 s. Paul McWhorter 1979 9999-36611 57,28 Koert Zuiderweg• 1979 9999-60046 25.11 Koert Zuiderweg 1979 9999-60047 33.48 George A. Lambert 1979 9999-31206 31.06 Colleen Briscoe 1979 9999-06196 42.96 11. H. Crutcher 1979 9999-12446 49.66 Joe E. Millichamr 1979 9999-37681 11.53 Thomas 0. Hendrick 1979 9999-24276 24.55 Michael Wiebe 1979 9999-56986 27.52 Michael Wiebe 1979 9999-56987 23.43 James Doyle 1979 3999-15511 29.57 Jerry L. Yeric 1979 9999-59812 29.20 Kathleen L. Deeley 1979 9999-14281 28,08 Charlie Cunningham 1979 9999-12621 26.04 TOTAL $ 1,903.03 64 .s 3 G C I T Y OF D E N T O N T A X A D J U S T M E N T S For the Month of MARCH, 1980 Real Estate $ 3,764.60 Business Personal 9,004.98 Personal Property Autos 9,115.72 $ 21,885.30 Hugh Mixon Tax Assessor-Collector City of Denton, TX CITY OF 'DENTON TAX ADJUSTMENTS FOR THE MONTH OF MARCH, 1980 REAL ESTATE NAME _ ACCOUNT TAX TAX REASON NUMBER YEAR Atchinson Topeka and Santa Fe Rwy 0010-00100 1979 $ 119.03 Corrected Assessment TWU 0160-00100 1979 755.40 Exempt TWU 0160-00200 1979 376.46 Exempt Marvin G. Ramey 0890-00200 1979 18.60 Vet Exemption Archie Payne 0950-00300 19.750 6.20 Vet Exemption C. E. Jones and Verda L. Malone 1430-02400 1979 46.00 Homestead Exemption Bun Ellis Dial 1640-00200 1979 18.60 Vet Exemption Pearl St. Church 2310-02401 1979 55.42 Exempt Sidney L. Campbell 2380-00300 1979 24.80 Vet Exemption Robert H. Baldridge 3540-00800 1979 9.79 Vet Exemption Robert H. Baldridge 3540-00900 .1979 14.88 Vet Exemption Gibraltar Savings 3930-03100 1979 146.06 Adjustment on Value Gibraltar Savings 3930-04500 1979 1,519.86 Adjustment on Value Henry S. Miller Co. 3939-00004 1979 55.80 prorated, School Bought Univ. Church of Christ 4450-00300 1979 26.66 Adjustment on Value Claude W. Taylor 4740-00400 1979 36.08 Adjustment on Acres ~th Bradshaw Miller 5670-01600 1979 33.11 Homestead Exemption y of Denton 5760-00800 1979 10.44 prorated, City BougDt Pearl St. Church 5780-01201 1979 62.62 Exempt Jane A. ;Mott, et al 5997-00900 1979 49.60 Homestead Exemption Audrey Ann Welch 6070-02000 1979 49.60 Homestead Exemption Frank Lynch Harmon 6370-03800 1979 95.60 Homestead Exemption Martha E. Walker 7860-00700 1979 33.11 Homestead Exemption Wm. J. Daniel 8310-01000 1979 31.00 Vet Exemption Wm. Thomas Hall 8710-00600 1979 2.48 Duplicatioa Harvey E. Worth 5960-00100 1979 18.60 Vet Exemption Merle Bach 7184-01000 1979 146.80 Adjustment on Value TOTAL $ 31764.60 CITY OF 'DENTON TAX ADJUSTMENTS FOR THE MONTH OF MARCH, 1980 BUSINESS PERSONAL PROPERTY NAME ACCOUNT TAX TAX REASON NUMBER YEAR Action Dental Lab 9000-00303 1979 $ 11.16 Not in Bus. 1-1-79 Allen's Art Supplies 9000-0120^ 1979 37.20 Not in Bus. 1-1-79 Barneys Auto Supply 9010-01300 197Q 48.36 Not in Bus. 1-1-79 F. F:' Burrow 9010-06628 1979 .74 Not in Bus. 1-1-79 Dr. Burgos 9020-04200 1974 21.70 Unable to Locate Dr. Burgos 9020-04200 1973 21.76 Unable to Locate First Denton Co. Nat'l Bank 9050-00801 1979 695.14 AdJustment on Value J and J Plumbing 9080-00108 1919 48.36 Duplication Industrial Sales 9100-00096 1979 1.48 No equip. (4 Sportsman Club 1-1-79. .Ben Ivey's Arco Sta, 9100-00502 1978 23.31 Duplication Ben Ivey's Arco Sta. 9100-00502 1979 23.31 Duplication McNeil Furniture Co. 9130-01901 1979 ^.72 Not in Bus. 1-1-79 Pizza Inn 9160-03604 1979 169.43 Corrected Assessment Al Salomon 919G-00550 1979 24.05 Not in Bus. 1-1-79 Denton Piper Sales 9030-04810 1978 7,942.20 Adj, on erroneous r assessment TOTAL $ 9,004.98 C I T Y O F 0 E N T 0 N TAX AUJUSTMENTS FOR THE MONTH OF MARCH 1980 PERSONAL PROPERTYp AUTOMOBILES 4 99115.72 MOBIL HOIIES AND AIRPLANES t 000 t 9r11S.72- HUGH MIXON TAX ASSESSOR-COLLECTOR CITY OF OENTONp TEXAS J • f FOR THE MONTH OF MARCH 1980 PERSONAL PRCPERTY* AUT040BILS NAME ACCOUNT TAX TAX IS) REASON • NUM3ER YEAR LISSBERGERt AL9ERT E 9400-03800 79 66.96- NON-RESIDENT y SUBTOTAL FOR 1979 66*96- CLEARMANl V R 9999-08690 76 45.21- OUTSIDE * SUBTOTAL FOR 1976 45*21- ANDERSONf CHERYL M 9999-01210 77 20.64- NON-RESIDENT WALLERf PHIL SR 9999-56655 77 37.75- DIr) NOT OwN * SUBTOTAL FOR 1977 58.39•• ANDERSON- CHERYL M 9999-01160 78 16*41- NON-RESIDENT CROUTf jAHES E 9999-12630 78 17.91- NON-RESIDENT SPOrRTCYCLE* SUZUKI 9999-52005 78 30-04- NON-RESIDENT TATUMf LARRY 0 9999-54230 73 24.27- NOCi-RESIDENT * SUBTOTAL FOR 1978 68.63° A*NSr GARY 9999-00315 79 28.46- NON-RESIDENT AKINSf L G 9999-OC665 79 26-97- NON-RESIDENT ALLARD9 JEAN G 9999-OC805 79 10.60- NON-RESIDENT ALLEN9 JOHN ED 9999-00875 79 10.60- 010 NOT OWN ALLISONf JAMES 0 9999-00995 79 11.53- NON-RESIDENT ALLISONf JAMES G 9999-01000 19 19*90- NON-PESIDENT ALSUPt RON 9999-01045 79 2106- 010 NOT OWN ALSUPf RON 9999-01050 79 19*90- 010 NOT OWN ALTENDERFERf YVONNE E 9999-01060 79 15*62- NON-PESIOENT ANCERSONf JOHN R 9999-01310 79 28.46- 010 NOT OWN ANDERSONf KENNETH EUGENE 9999-01330 79 24-92- NON-RESIOENT ANDERSONf KENNETH EUGENE 9999-01335 79 12.65- NON-RESIDENT ANDERSONf ROYCE E 9999-01435 79 25.67- NON-RESIDENT ANDERSONf SHIRLEY A 9999-01445 79 6#74- NON-RESIDENT BEND ERICK R 9999-01515 79 10.60- DID NOT OWN ARLIN, L AND ELLYN J MILLE 9999-01595 79 31*99- DID NOT OWN BAKERf LARRY PARK 9999-02270 79 6*88- NON-RESIOENI BALLARO9 LARRY G 9999-02390 79 18.79- NON-RESIDENT SARBERr CHARLES E 9999-02565 79 13*02- DID NOT OWN BARBER, CHARLES E 9999-02570 79 52*64- 010 NO1 OWN SARF1ELOf MICHAEL ANN 9999-02595 79 l5*62- NON-RESIDENT SARNSI OFFICE SUPPL 9999-02775 79 16918- 010 NOT OWN SARRONSO M R 9995-02830 79 23-25- DID NOT 06N 0 FOR THE MONTH OF MARCH 1 1980 PERSONAL PROPERTY, AUTONO?ILS NAME ACCOUNT TAX TAX IEI REASON • NUMBER YEAR SATESt DANA 9999-03080 79 2C.6S- DID NOT OWN BENp IVEY OIL C 9999-03900 79 30.32- DID NOT 06PJ BENTONj DELIA A 9999-04055 79 1302L- 010 NOT OWN BEQUETTEp DUA14E 0 9999-04065 79 18.79- NON-RESIDENT BICKj HAROLD F 9999-04235 79 11.16- 010 NOT OWN BLAIRj MARTIN S 9999-04645 79 48.73- DID NOT OWN BLAIRs PEGGY WOODRUFF 9999-04650 79 17.48- NON-RESIDENT BLAIRo R 0 9999-04655 79 52.64- OUTSIDE BLA14, R 0 9999-04660 79 21.58- OUTSIDE BLAIRo R 0 9999-04665 79 34.91- OUTSIDE BLUHMp CHERYL 9999-04865 79 32.74- NON-RESIDENT BOMARl JACK L 9999-05060 79 32.74- DID NOT OWN BOMAR, JACK L 9999-05070 79 32.74- OIC, NOT OWN BORCHARDTo HPS HATTIE M 9999-05170 79 IS.07- MCN-RESIDENT BOPENt VICTOR L 9999-05190 79 13.95- DID NOT OWN BORTH9 W R 9999-05245 79 25.30- DID NOT OWN ROYCE, JAMES W 9999-OSSCS 79 18.41- NUN-RESIDENT BOYD• ROBERT C 9999-05590 79 13.95- DID NOT OWN 80YNTONr W E 9999-05650 79 18.19- DID NOT OWN BRAOY9 W T 9999-05765 79 12.09- DID NOT OWN BRAYe HAL W 9999-05925 79 6.86- 010 NOT OWN 8REARLEYo DONALD E 9999-05945 79 23.99- DID NOT OWN BREWSTERP JOHN 0 9999-06015 79 11.16- NON-RESIDENT WSTER9 JOHN R 9999-06020 79 25.67- NON-RESIDENT GGS9 CAPOLYN R 9999-06100 79 27.53- NCN-RESIDENT BRISCOE, COLLEEN 9999-06195 79 30.88- 010 NOT OWN BROOKSt KELLY 9999-06405 79 23999- NON-RE;~IDENT BROOKS9 RETHA F 9999-06420 79 29.20- NON-RESIDENT BROOKSo RICKEY 9999-06425 79 39.62- NON-RESIDENT BROUGHt BRUCE A .9999-06465 79 21902- NON-RESIDENT BROUGHO 8R0CE A 9999-06470 79 17*48- NON-RESIOENT BROW49 C. A 9999-06520 79 18.41- NON-RESIDENT BROWNS GARY LEE 9999-06565 79 36.08- NON-RESIDENT BROWNS GAkY LEE 9999-06570 79 26sC4- NON-RESIOENI BROWN, INA W 9999-06585 79 14.14- NON-PESIOENT 8ROWN9 JO ANN 9999-06650 79 22.88- NON-RESIDENT BROWNS SUZANNE 0 9999-06810 79 8.93- DID NOT OWN BROWNEt NOLAN J • 9999-C6835 79 30.32- DID NOT OWN BROYLESt RONNIE F 9999-06875 79 3002- NON-RESIDENT BUDDY$ HARDEMAN CO IN 9999-07075 79 13.02- DUPLICATION BURGERS DE'WEY 9999-?7325 79 2106- 010 NOT OWN BURNS# HOMER E 9999-07510 79 16.18- DID NOT OWN BURYt WANDA SPRAY 9999-07605 79 13.95- NON-RESIDENT CAMFIELOv PENNY ' 9999-08035 79 21.76- 010 NOT OWN CAMPIELLt HAROLD R 9999-08110 79 26.97- NON-RESIDENT CAREYA CHARLES A 9999-08340 79 13021- PION-RESIDENT CARTER# LARRY C 9999-08720 79 19.34- NON-RESIDENT 0 FOR fHE MCNTH OF MARCH 1980 d PERSONAL PROPERTY, AUTOMOBILS `1AME ACCOUNT TAX TAX fSl REASON • NUMEER YEAR CARTER, PEG 9999-Of730 79 32.16- NON-RESIDENT CASEY, MARTHA E 9999-08830 79 13.58- DID NOT OWN CASC%o DAN r 9995-C386-0 79 i:..77- NON-PESIDENT CHANDLER, TED J 9999-09?.00 79 27.90- NON-RESIDENT CHAPMAN, JAMES CLIFTON 9999-09265 79 16.22- LATE VET. EXEMPT. CHISM, JOE A 9999-09465 79 61.94- DID NOT OWN CHUMBLEY, GEORGE A 9999-09545 79 24.92- NON-RESIDENT CLARK, OLIVER L J 9999-10105 79 16.37- NCN-RESIDENT CLASSEN, GILBERT 9999-10150 79 10.79- DID NOT OWN CLAYTON, THOMAS K 9999-10200 79 26.78- NON-PES!OENT CLEH, CHRIS H 9999-10335 79 15944- NON-FESIOENT CLOUDI ROGER 9999-10440 79 24.37- 010 NOT OWN COLE, TERESA 9999-10880 79 15.62- NON-RESIDENT COLVILLE, BILL 9999-11110 79 2.97- OVER ASSESSMENT CONN, WORTH R 9999-11195 79 25.30- NON-RESIDENT COOK, BCBBY 9999-11295 79 16.00- NON-RESIDENT COOKSEY, WILLIAM LEE 9999-11390 79 10.42- DID NOT OWN COOPER, MARTIN J 9999-11430 79 36.64- DID NOT OWN COPELAND# MRS ANNIE M 9999-11500 79 25.67- NUN, ESIOENT CORDES, CHRISTINE 9999-11565 79 11.53- DID NOT OWN COVERING, OENfON FLOOR 9999-11795 79 17.86- DID NOT OWN CROSS, DAVID RAY 9999-12260 1,79 12.09- NON-RESIDENT CROUCH, BOB A 9999-12355 79 16.00- DID NOT OWN UT, JAMES E 9999-12385 79 17.48- NON-PESIDENT TCHER, M H II 9999-12440 79 32.55- 010 NOT OWN CRUTCHER, M H 11 9999-12445 79 36.27- 010 NOT OWN CULPEPPER, J 8 9999-12565 79 19.16- NON-PESIDENT CURRY, ED 9999-12730 79 2'.90- DID NOT OWN DALBY, J K 9999-13000 79 NON-RESIDENT DALTON, ROBERT 0 9999-13040 79 19.53- DID NOT-OWN' DALTON, STEVEN E 9999-13050 79 15.44- NON-RESIDENT DANGRIOGE, CHRIS 9999-13070 79 16.00- NON-RESIDEFT DANIEL, LOP) J 9999-13130 79 25.11- NON-RESIDENT DARK, HARRY C 9999-13220 79 18.60- NON-RESIDENT DAVE, KRAUSE LEASE C 9999-13295 79 32.18- 010 NOT OWN DAVE, KRAUSE LEASE C 9999-13315 79 31699- DID NOT OWN DAVE$ KRAUSE LEASE C 9999-13325 79 35.90- 010 NOT 04N DAVIOSON, RICHARD C 9999-13425 79 16.74- NON-RESIDENT DAVIS, BILL 9999-13470 79 24.92- DID NOT OWN DAVIS$ EUGENE M 9999-13535 79 1904- NON-RESIDENT DAVIS, J M 9999-13580 79 18.79- DID NOT OWN DAVIS, J MARSHALL 9999-13590 79 17911- DID NOT OWN DAWALTO LUCILLE 9999-13775 79 22.32- NON-RESIDENT DBA, JIMMY R SPENCER 9999-14120 79 2700- NON-PESIDENT DEAN, REX 9999-14205 79 14.14- NON-RESIDENT OEELEY# KAtW.£EN L 9999-14280 79 28.64- DID NOT OWN DENNIS, ROGER 9999-14430 79 1007- NON-PESIDENT FOR THE MONTH OF MARCH 1980 i PERSONAL PROPERTY, AUTOMOBILS NAME ACCOUNT TAX TAX (S) REASON . NUMBER YEAR DENTCN, FOOD INCUSTRIE 9999-14700 79 24.55- NON-RESIDENT OEPAULA, L C 9999-14815 79 21.20- NON-RESIDENT DIAL, 9ECKI LYNN 9909-14940 79 NO'S-PES;DZ~Ni DICKENS, TOMMIE U 9999-14970 79 9.67- NON-RESIDENT DILLARD, M A 9999-15110 79 13.02- DID NOT Own DILLON, HEPOER7 FRANKLIN J 9999-15120 79 26.97- NON-RESIOEN7 OILLCN, HEP.BERT FRANKLIN J 9999-15125 79 38.32- NON-RESIDENT DOOSON, CEVIPI A 9999-15245 79 27.71- 14014-RESIDENT DGRR, KATHERINE R 9990-15385 79 10.42- NON-pESIDENT DOTSON, WILLIAM A 9999-15425 79 27.34- NOV-RESIDENT DOWNEY, ROBERT C 9999-15485 79 24.37- DID NOT OWN DUDLEY, CHARLES EDWARD 9999-15630 79 14.88- NON-RESIOENT OUNN, NANCY H 9999.15850 79 21.20- NON-pESIDENT DUNNs SOPHIE 514ITH 9999-15855 79 40.55- 010 NOT OWN OYKES, ROBERT P 9999-16030 79 1P.23- NON-NESIDENT EISLER, MICHAELLE 9999-16445 79 20.83- NON-RESIDENT ELLIS* ARTHUP D 9999-16560 79 16.93- NON-RESIDENT EMCONITEo OIVISIO 9999-16719 79 24.55- DID NOT OWN EMERY, JOHN L 9999-16730 79 17.48- DID NOT 06N EMICH, CHARLES H 9999416735 79 13.02- DID NOT OWN EPTING, T M 9999-16850 79 13.58- DID NOT OWN ESTES, FRANK M 9999-16970 79 28.27- NON-RESIDENT FADALE, L J 9999-17200 79 22.69- NON-RESIDENT F KENBERG, MRS ROBERT 9999-17255 79 12.09- NON-RESIOENT 4OUHAR, DEBORAH C 9999-17350 79 26.04- NON-RESIDENT FARQUHAR, PAUL D 9999-17355 79 10.60- NON-RESIOENT FARR, TOM 9999-17360 79 16.37- NON-RESIDENT FELTS, W C 9999-17540 79 16.18- NON-RESIDENT FERN, TERRY 9999-17595 79 11.53- NON-RESIDENT FINCHER, 8 B 9999-17715 79 12.28- DID NOT OWN fIRST, DENTON COUNTY NATIONA 9999-17795 79 31.81- OTHER FIRST) DENTON COUNT 9999-17800 79 29.20- OTHER FIRST, DENTON NATIONAL BAN 9999-17805 79 42.97- OTHER FOLS011, MICHAEL E 9999-18100 79 10.97- DID NOT OWN FGR1:, ARTHUR F J 9999-18260 79 34.97- NON-RESIDENT FOR5TON, RAYMON C 4999-18295 79 24.74- NON-RESIDENT FOUNDATION, CHRISTIAN FELLOWSH 9999-18455 79 36.08- DID NOT OWN FOUi1DATION, CHRISTIAN FELLOWSH 9999-18460 79 36.08- 010 NOT OWN FOXIIORTH-GAL$RAITH, LUMBER C 9'999-18585 79 17.48- DIO NOT OWN FRA!E, RICKY 9999-18750 79 18.79- DID NOT OWN FUS'i, FRANK E 9999-19145 79 23962- NON-RESIDENT GAG'iIARDI, DEBORAH R 9999-19285 79 19.16- DID NOT OWN GALLOWAY, JAMES E 9999-19365 79 37.76- NON-RESIDENT GANN, STEVE 9999-19430 79 10.60- NON-PESIOENT GAk2ER, CAROL ANN 9999-19445 79 25.30- NON-RESIDENT GAFINER, JAMES W 9999-19530 79 IP.79- NON-RESIDENT GARNER, JAMES W 9999-19535 79 32.32- PION-RESIDENT FOR THE MONTH OF MARCH 1980 i PERSONAL PROPERTY, AUTOMOBILS NAME ACCOUNT TAX TAX IS1 REASON • NUMBED YEAR GAPRETT, DONNIE G 9999-19555 79 26.04- NON-RESIDENT GARRISON, NANETTE 9999-19640 79 15.07- NON-RESIDENT GARY, IM 9999-19680 79 31.25- DID NOT O'wh GATES, OR JOSEPH N 9999-19750 79 26.78- DID NOT OWN GATES, JOSEPH W 9999-19765 79 36.18- DID NOT 04N GIPSON, DAVID R 9999-20155 79 13.21- NON-RESIDENT GILLIAM, MARK E 9999-20295 79 22.88- NON-RESIDENT GILMDRE, DONALD L 9999-20310 79 15.44- WON-PESIDENT GLOVER, JAMES 9999-20485 79 23.06- 010 NOT 044 GOIN, DAVID C 9999-20615 79 29.20- NON-RESIDENT GOIN, DAVID C 9999-20620 79 27.53- tiON-PESIDENT GOLLADAY, ROBERT M I 9999-20695 79 16.18- TON-RESIDENT GONZALE29 EDVARDO 9999-20755 79 17.48- NON-RESIDENT GOODALE, GORDON M 9999-20795 79 9.67- NON-RESIDENT GOOOALE, GORDON M 9999-20800 79 26.04- NON-PESIDENT GOTCHER, JAMES E 9999-2092D 79 11.35- NON-PESIDENT GOTCHER9 VIRGIL B 9999-20925 79 18.60- NON-RESIDENT GRAVES, JERRY E 9999-21135 79 13.02- NON-RESIDENT GREEN, CHARLES M 9999-21310 79 15.62- NOW-RESIDENT GREEN, RAYMOND 9999-21410 79 26.78- NON-RESIDENT GREEN, ROBERT E 9999-21430 79 15.81- NON-RESIDENT GROESCHEL, LAURIE 9999-21865 79 21,39- NON-RESIDENT GROSS09 MILOREO B 9999-21895 79 7.44- NON-PESIDENT `TE, LINDAL 9999-21905 79 26.04- 010 NOT OWN SS, CARL B J 9999-22015 79 10.97- DID NOT OWN GULLICK, TIMOTHY R 9999-22065 79 15.44- NON-RESIDENT H, WILMON DROZ 9999-22215 79 23.62- NON-RESIDENT HA, NGON HOC 9999-22220 79 1009- NON-RESIDENT HAGER, DEBORAH M 9999-22270 79 26.78- DID NOT OWN HAGGARD, SCOTT J 9999-22285 79 31.06- DID NOT OWN HAGGARD, SCOTT 9999-22300 79 18.41- DID NOT OWN HALE, DANNY G 9999-22375 79 15,62- NON-RESIDENT HALL,tGLENN LEE 9999-22445 79 6.70- DUPLICATION HAMILTON, BASIL L 9999-22615 79 9.49- DID NOT OWN HANSEN, JERRY W 9999-22620 79 17.67- NON-RESIDENT HARDIN, JIMMY B 9999-22965 79 34.60- NON-RESIDENT HARPER, KATHLEEN N 9999-23135 79 18.04- DID NOT OWN HARRIS# H H 9999-23335 79 1809- DID NOT OWN HATCH, WILLIAM J 9999-23725 79 ll.l6- 010 NOT DWN HAYES, CYNTHIA L 9999-23840 79 9.49- NON-RESIDENT HAYES# COD E 9999-23845 79 26.04- NON-RESIOENT HAZELTON, JERRY K 9999-23965 79 23.99- YON-RESIDENT HEATHER, DONALD G 9999-24030 79 30.50- NON-RESIDENT HENDER# WILLIAM R 9999-24165 79 1608- NON-RESIDENT HEIIRY, ELSIC V 9999-24355 79 6,70- DID NOT OWN HEPT2, CORP CAR LEASE OI 9999-24595 79 17,48- 010 NOT OWN HIGOON~ J J 9999-24800 79 2604- DID NOT OWN FOR THE MONTH OF MARCH , 1980 PERSONAL PROPERTY, AUT040BILS NAME ACCOUNT TAX TAX 1S1 REASON . NUMDER YEAR HIGGII.S, R 9999-24825 79 3Po13- DID NOT OWN HIGHT, ROGER W 9999-24985 79 15.25- NON-RESIDENT HODGES, 4LTON 4 ;999-25215 7923.99= DID NOT OW': HODGES+ GARY MELFORD 9999-25235 79 17.86- NON-PESIDENT HGLLINGSWORTH, JAMES F 9999-25570 79 22.13- NON-RESIDENT HORNE, J0 ALLENE 9999-25925 79 32.74- DID NOT OWN HOWARD, BRENDA 9999-26055 79 14.32- NON-RESIDENT HOWELL, JOEL T 9999-26220 79 10960- DID NOT OWN HUBGARO, PON 9999-26285 79 18.41- NON-PESIDENT HUODLESION, OEB04AH 9999-26350 79 18.41- NON-RESIDENT HUEY, JENNIE R 9999-26500 79 27.90- NON-PESIDENT HUGGINS, DOWANNE 9999-26560 79 21.39- NON-RESIDENT HUGHES, CARL RICHARD 9999-26577 79 28.83- !NON-RESIDENT HUME, DAVID P 9999-26680 79 17.48- NON-RESIOENI HUME, JUDITH A 9999-26685 79 39.80- NON-PESIDENT HUNTSBERGER, R03ERT P 9999-26845 79 28.27- DUPLICATION INTERSTATE, SIGN MFG IN 9999-27185 79 9.49- DID NOT Ooi IRBY, THOMAS C 9999-27227 79 26.04- DID NOT OWN IRION, CATHERINE RAY 9999-27240 79 24.37- NON-RESIDENT IRIGN, %ILLIAN R 9999-27245 79 34.97- NON-RESIDENT IRWIN, DALE 9999-27260 79 27.71- DID NOT OWN ISAACSON# JAMES 9999-27265 79 17.48- NON-RESIDENT JACOE59 LAWRENCE 9999-27625 79 13.39- NON-RESIDENT *NKINS9 ILIAN, AL1 A 9999-27735 79 30.88- OIL) NOT OWN , WALTON 9999-27935 79 31.99- DID NOT OWN GARY LEE 9999-28015 79 39.62- NON-PESIDENT JOHNSON, TEX H 9999-28695 79 19.16- NON-RESIDENT JONES, 0 M 9999-28875 79 18.79- NON-RESIDENT JONES! FLORENCE 9999-28930 79 12.46- LATE YET. EXEMPT. JOYCE, CHRISTOPHER W 9999-29230 79 16.00- DID NOT OWN KAEHPFER, ANN 9999-29320 79 17.67- NON-PESIDENT KEELER, C M 9999-29530 79 10.04- NON-RESIDENT KELLEY, EARL E 9999-29670 79 23.62- NON-RESIDENT KELLY, HARRY L 9999-29735, 79 10942- NON-RESIDENT KELLY, ROY C 9999-29780 79 16.18- LATE VET. EXEMPT. KEMP, LEO E 9999-29840 79 16.18- NON-P,ESIOENT KERR, JAMES C 9999-29990 79 20.09- 010 NOT OWN KEY, HARRY J 9999-30070 79 9.49- 0101J-RLSIOENI KEY! HARRY J 9999-30075 79 16.37- NON-RESIDENT KIESOW, WILLIAM L 9999-30175 79 26.04- NON-RESIDENT KING, BILL J 9999-30330 79 10.97- DID NOT OWN KIRK, FARM 9999-3047D 79 23.62- 010 NOT OWN LACK, R P 9999-31140 79 31.25- NON-RESIOENT LAMEERT, GEORGE A 9999-31205 79 4.28- 010 NOT 61mN LANFORO, MONTY G 9999-31450 79 15.44- NON-RESIDENT LAUDERDALE, VICTOR E J 9999-317317 79 16.18- 010 NOT OWN LAUGHLIN# CHARMAINE 9999-31745 79 1.1.11- NON-RESIDENT FOR THE MONTH OF MARCH r 1980 PERSONAL PPOPERTY, AUTOMOBILS NAME ACCOUNT TAX TAX 411 REASON O NUMBER YEAR LAUGHLINt LHAR4AINE 9999-31750 79 25.11- NON-PESIDENT LEIHGEBER, P JAMES 9999-32140 79 14.69- OIO NOT OWN LEWIS, HARVEY 9999-32750 79 16.18- NON-PL'SJDENT LEWIS, MICHAEL 9999-32805 79 23.99- DID NOT OWN LEWIS, NCRRIS J 9999-32825 79 19.72- DID NOT OWN LEWRIGHT, ELOISE N 9999-32930 19 19.72- DID NOT OWN LILLARO, G T 9999-32935 79 21.39- DID NOT OWN LISSBERGER, AL 9999-33070 79 52.64- NON-PESIDENT LITTRELL, J14MIC 0 9999-33140 79 22.51- NON-RESIDENT LOCKHART, PAUL 9999-33225 79 14.51- NON - PESIDENT LORD, KEVIN E 9999-33435 79 .36.08- DID NOT OWN LOROr KEVIN E 9999-33445 79 4.28- DID NOT 06N LOWRYr CHARLES JOE 9999-33605 79 2106- NON-RESIDENT LUNOGREN, NANCY 9999-33740 79 15.81- DID NOT OWN MANIONr URIEL V J 9999-34310 79 21.76- NON-RESIOENT MARTIN, CARY M 9999-34610 79 23.62- NON-RESIDENT HAPTIN, CARY M 9999-34615 79 23.99- NON-RESIOENT MASON, JOHN H 9999-35005 79 14.51- DID NOT 06N MC9RIDEr RANDY 9999-35605 79 23.99- NON-RESIDENT MCCARAONv MELODY 9999-35660 79 21.39- NON-PESIDENT MCCAULEY, THERESA 9999-35725 79 13.39- NON-RESIDENT MCCLESKEY, MIKE 9999-35795 79 16.93- DID NOT OWN MCCORMICKr W4 C 9999-35940 79 12.28- 010 NOT OWN UTCHENr THOMAS W-SUSIE H 9999-36055 79 23.62- NON-RESIDENT M A.NIEI, LEE ROY 9999-36110 y9 18.78- LATE YET, EXEMPT. MCDOWELL, FRED K 9999-36160 79 25.11- NON-RESIOE14T MCHENRYr JOHN L 9999-36395 79 10,04- NON-RESIDENT MCIIVAINEr ROBIN 9999-36400 79 21,39- NON-RESIDENT MCLAINr A G 9999-36530 79 26.04- OUTSIDE MCWHORTERr PAUL 9999-36810 79 22.51- DID NOT OWN MERICLEr CHARLES 9999-37140 79 18,79- NON-PESIDENT MILCHANr P S 9999-37330 79 14,14- NON-RESIDENT MILLER, ALLIE I 9999-37365 79 29.20- NON-RESIDENT MILLER, ARLIN L 9999-37370 79 36.08- DID NOT OWN MILLER RICHARD 9999-37600 79 7.92- DID NOT OWN HILLER, WELTON E 9999-37675 79 23.62- NON-RESIDENT MILLIKEN, MICHAEL W 9999-37700 79 18.79- NON-PESIDENT MITCHELL, JOE L 9999-37955 79 16.18- DID NOT OWN MONSCHKE, LARRY M 9999-38135 79 34.60- NON-RESIDENT MONTr MARVIN DEAN LA 9999-38145 79 10.79- DID NOT OWN MOORMAN, MARY A 9999-38370 79 1900- 010 NOT OWN MORELANOr VIRGINIA L 9999-36440 79 1809- NON-RESIDENT MORGANr BILLY 0 9999-38475 79 13.02- DID NOT OWN MORRIS, CHAS 9999-38570 79 13.76- NON-RESIDENT MORROW, MICHAEL LEE 9999-38760 79 23.99- DID NOT OWN MOSS JOE L 9999-38865 79 600- NON-RES►:kZNT MULLEN# WANETTA J 9999-39070 79 1-3.76- DID NOT OWN FOR THE MONTH OF MARCH , 1980 PERSONAL PROPERTY, AUTOMOEILS NAME ACCOUNT TAX TAX IS) REASON NUMEER YEAR NAUKAM, C H 9999-39470 79 11.90- NON-RESICENT NAUKAM, C H 9999-39475 79 40,55- NON-RESICENT NORWCOO( Rr.2ZRT P 91049-46475 7; 1t-18- r,ON-RLSIDENT OGLESSY, MICHAEL W 9999-40720 79 12.46- 010 NOT 0',N ORINSOERFF, 8ANKLOCK SERVICE C 9999-40935 79 18,23- DID NOT 0,ti OSBORNE, GROCERY C 9999-41035 79 11.16- INCLUDED IN EUSINESS OSBORNE, GROCERY C 9999-41040 79 24.55- INCLUDED IN BUSINESS OSSGRNE, GROCERY C 9999-41045 79 24.55- INCLUDED IN BUSINESS OVERALL, WILLIAM D 9999-41105 79 16.18- DID NOT OWN OVERSTREET, JOHN R 9999-41125 79 10097- DID NOT OwPI PALMATIER, NELSON 9999-41335 79 61.94- DID NOT OWN PAYNE, CRIL 9999-41930 79 34.04- NON-RESIDENT DA YNE, CRILLON C 9999-41935 79 30413- DID NOT 06'N PAYNE* GEORGE D 9999-41955 79 IS-07- 010 NOT 0',N PEA4CE9 ROBERT L 9999-42125 79 10.60- 010 NCT OWN PEDERSON, STANLEY H 9999-42195 79 16.18- NON-PESIOENT PENA, ANA R 9999-42295 79 13.02- 010 NOT OWN PERRY, MONTY 9999-42560 79 16.18- NCN-RESIDENT PHILLIPS, JOHNNY G 9999-42845 79 19-53- NON-RESIDENT PLATT, TIMOTHY 9999-42905 79 19.72- NON-RESIDENT PINSON, % C 9999-430°.5 79 43.34- DID NOT OWN PINSCIt, W C 9999-k'~3060 79 12.46- 010 NOT OWN PRITCHARD, JACK C J 9999-43820 79 26941- 010 NOT OWN P No CAROLE 9999-43910 79 19.16- DID NOT OWN NEY, DONALD W 9999-44275 79 32.74- DID NOT OwN RAMSAY ROBERT G 9999-44345 79 13.39- 010 NOT OWN RANKIN, LYNN 8 9999-44475 71 9.49- NON-RESIDENT REDMAN VANESSA ANN 9999-44845 79 11.16- DID NOT O%N REEVES, JOHN W 9999-45065 79 17.86- OUTSIDE RICE, ROGER K 9999-45415 79 4.65- NON-RESIDENT RILEY, RONNIE 9999-45790 79 22.13- DID NOT OWN RINEY, KENNETH 9999-45915 79 53.38- 010 NOT OWN RINEY, KENNETH 9999-45825 79 76.4S- DID NOT OWN ROACH, ELMO J 9999-45960 79 28.45- LATE YET, EXEMPT. ROADWAY, EXPRESS IN 9999-46010 79 21.95- INCLUDED IN BUSINESS ROBINSONs MICHAEL T 9999-46345 79 17,40- PJCN-RESICENT RCDGERS, FLOYD F J 9999-46455 79 23.99- OUTSIDE RODGERS, FLOYD F S 9999-46460 79 21,58- DID NOT OWN RUMMELL, OIL C 9999-47040 79 52.64- DID NOT OWN RUSSELL, JAMES II J 9999-47120 79 22.51- DID NOT OWN SAID19 KAZEH 9999-47440 79 15.62- DID NOT OWN SALMON, MORGAN 9999-47550 79 16.18- OIn NOT OWN SALTSMAN, MARK A 9999-47605 79 4.28- 010 NOT OWN SAM, LANEY IN 9999-47625 79 16,18- INCLUDED IN BUSINESS SCHHIOT, VELMA E 9999-48125 79 9.67- DID 1107 OWN SCOVILL, MARK S 9999-48455 79 20.46- NON-RESIDENT SCROGGSt JACK 8 9999-48415 79 16,18- DID NOT OWN 4 FOR THE MONTH OF MARCH , 1980 r PERSONAL PROPERTY, AUTOMOPILS NAME ACCOUNT TAX TAX TS1 REASON NUM9ER YEAR SEIT29 6EVEPLY ANN 9999-48560 79 33.29- DID NOt OW4 SENN, JOHN W 9099-46685 79 28.21- 010 '10T O,N SERV, GROVE. PIT 9990-98715 79 ' 52.64- J1C f4oT t'W!r SHEPHEROSr GROCER 9999-49090 79 23.o9- OUTSIDE SHILLINV, LOUIS E 9999-49160 79 15.52- DID NOT Ow4 SIMPSON, ERNEST F 9999-49445 79 12446- DID Sot 06N SITiON, CATHY 9999-49605 79 34997- OID '1CT 0►N SMITH, CHARLES " 9999-49865 79 26.04- LATE VET. 0EMPT. SMITH, JAMES W 9999-50120 79 32.74- INCLUDED TN F.U,INESS STAUFFACHEQ, RICHARD AUSTIN 9999-51385 79 11.16- N04-QESIOENI STEADMAN, FLOYD 9999-51405 79 11.48- DECEASED STEELE, ROREPT J J 9999-51460 79 16.37- UNABLE TO LOCATE STEFL, RAYMOND A 9999-51460 79 4.65- DID NOt OrN STOCKARO, JOSEPH E 9999-51935 79 31.99- 40'1-AESIOENl STOCKOALE. KENNETH 9999-51945 79 13.21- DTD NOT 06% STOCKOALE, KENNETH M 9999-51950 79 32.55- 011) NOT 04% STOVER, JUDY 9999-52115 79 13.76- 010 NOT 00i STRAVDE, M C 9990-52155 79 23.99- 010 NOT 0'■4 STURYAN, JAMES E 9999-52430 79 26.04- N04-PESIDENT SWAN, LYN 9999-52610 79 23.99- NON-RESIDENT SWANSON, WARREN E 9999-52650 79 17.11- NON-DESIOENT TATE, ALLAN M 9999-52955 79 13.95- DID NOT OWN TATUMv LARRY 0 9999-52968 79 25.30- NON-QESIOE%'t T LOP., SUSAN E 9999-53195 79 29.20- DID NOT OWN i6, AUTOMOTIVE 114 9999-53470 79 21.58- 010 NOT OLh THOMAS, CLINTON 0 9999-53565 79 19.90- N04-RESIDENT THOMAS, GEORGE W 9999-53b10 79 11.16- DID NOT 064 THOMAS, J DAVID 9999-53620 79 16.1E- 010 NOT OWN THORTGN, R a 9999-53925 79 10.97- 010 NOT OWN TON%, GARY L 9999-54215 79 24.37- N04-RESIDENT TGNN, K DANIEL 9999-54225 79 17.67- 40N-RESIDENT TUNNICLIFF, W V 9999-54705 79 15.25- 010 NOT OWN TUNNICLIFF, W V 9999-54710 79 21.34- DID NOT OWN TVR30, REFRIGERATION C 9999-54725 79 23.62- DID NOT OWN UNDERHILL, C T 9999-54985 79 23.99- NON-RESIDENT VINSON, TAYLOR 0 J 9999-55565 79 18.79- DID NOT OWN WAGNER, LOUIS F 9999-SSBaS 79 13.95- 010 NOT OWN WALL, CINOY JO 9999-56090 79 9.49- DID NOT OWN WALLER, D 0 9999-56175 79 63.24- DID NOT OWN WALLER, D D 9999-56180 79 42.78- DID NOT 04N WATKINS, GLOPIA Y 9999-56585 79 51.52- NON-PESIDENT WEBbj JOE R 9999-56870 79 29.20- NON-RESIDENT WHEELS, INC 3-CT44 9999-57455 79 26.97- 010 NOT OWN WHEELS, IN 9999-57460 79 64.54- DID NOT OWN WILCOX, 0 RAY-ELIZABETH 9999-57840 79 15.25- DID NOT AWN WILKINSON, ROGER 9999-57990 79 16.00- DID NOT 0'rN WILLIAMS CHARLES C 9999-58100 79 26.04- NON-RESIDENT 0 ` FOR THE MONTH OF MARCH 1930 PEgSONAL PgOPERIY, AUTOKOBILS MANE ACCOUNT TAX TAIL IS) REASON . P+UNBER YEAS W1LL1AMS9 HCLEN PEED 9999-St255 79 27.11- NCN-RESICEP.T WILLIAPS, JAMES STEvE+. 9999.5216S 19 36,09- NON-RESMEN1 kI'-LIA!'S; E J 9994.5ybvS 19 S2,64- OID NOT Ok% WIUA S9 LICK 1990-caS50 19 10.19- 71D Ploy O.N WILSON, HOMER 9499•SBTJS 19 10,60- Pf0',-0ESI0ENT WOODS, JAMES 9999.59215 19 21.39- NCN-PES1OEN? WOOLET9 DONALD E 9999.591C:l 19 15,01- D1f) 001 CwN YAP60ROUGH, KEMP P J 9990-S969O 19 11,21- 010 NOT Oktj YAR60R000H9 STEVE 9999-5910) 19 4'6.46- NON-RESIDENf 2IMMERMAN9 ROFEPT 9999.6000 79 3,91- OVER AS5ES5MlEhT 59 M AP40 R RAMC 9999.60220 19 23,99- OUTSIOE • SUATQfst i0P 1919 e,0T6,53- I • • ~ 1 f. • O~ -Y\ 0 • CITY-COUNTY JOINT FUNDING AGENCIES COMMITTEE City of Denton - County of Denton March 10, 1980 Honorable City Council, City of Denton Honorable Commissioners Court, County of. Denton Gentlemen: on behalf of the City-County Joint Funding Committee, I hereby submit for your consideration the report of the committee. The report is attached. The copy of the report which is .eing sent to the County Judge is intended for the minutes of the Commissioners' Court, and the copy sent to the City Manager of Denton is intended for the minutes of the City Council. If you should have any questions about the report, the• Committee will bo glad to try to answer them and to meet with you for that purpose, if you should deem that to be helpful. Sincerely, I~~ -A ALON2 I.3ON JR. Chair rn, ty-County Joint ng Agencies Committee AWJJr:jg 'cc: Honorable Chris Hartung, City Manager DENTON RECORD-CHRONICLF. LEWISVILLE DAILY LEADER DENTON ENTERPRISE KDNT (c gaw[ ipw. t, MAR 11 1990 CITY OF DENTON MANAGER'S OFFICE ti The Honorable County Judge The Honorable Members County Commissioners' Court The Honorable Mayor of Denton The Honorable Members Denton City Council Gentlemenr The City-County Joint Funding Agencies Committee reports as follows$ Our deliberations hav9 bezn porformel under the asdumption that our responsibility has been solely to study and make recommendations for the equitable apportionment between Denton County and the City of Denton of the costs of operation of three activities that have been funded jointly over a period of several yearsi Flow Memorial Hospital (organized as a city-county hospital), the Denton County Public Health District, and the Emily Fowler City-County Library. Consequently, we have not considered the possible advantages or disadvantages of the operation of these agencies singly by either the county or the city. As we began this study, we were aware of several matters of concern. One has been the problem of the double taxation that Denton taxpayers experience when joint enterprises are funded on a 50-50 basis or on any other basis where.no allowance is made for the fact that Denton residents pay county taxes as'well as city taxes. Another concern has been the question of who should pay the cost of indigent care at Flow Hospital, The committee has also been aware of the ways in which recent population growth and urbanization trends within the county have been altering the population balance that historically has existed between the City of Denton and the remainder of the county. These trends are changing the patterns of usage of some county-financed services located in the City of Denton (at least with respect to the three activities studied by this committee). Even greater changes can probably be anticipated for the future, We believe that any recommendations we make must be responsive to the concerns stated above, be acceptable now but also applicable on a longer-range basis, be as simple and uncomplicated as possible, and be fair to all residents of Denton County. The plan described below, we believe, meats these requirements. March 10, 1900 The changing patterns in population growth in the county have led the committee to decide that a central consideration in allocating financial support for the three agencies should be usage, as between Denton residents and those persons living elsewhere in the county. Hence, our proposal is based on a usage formula, modified to take in to account the problem of double taxation. The committee believes that the problem of indigent care has been resolved by a willingness expressed by the county to assume the cost of this care. We recommend that the county budget annually an amount to pay for indigent care. It would be within the discretion of the county to adopt such policy procedures as are deemed necessary to insure fiscal responsibility. Specifically, the Committee recommends that, with respect to Flow Hospital, that part of the deficit not paid for by the county as indigent care should be divided between the county and the city on the basis of usage, with an allowance made for double taxation of Denton residents. The formula recommended for achieving this is as follows: FORMULA FOR ALLOCATION OF FUND REQUIREMENTS DATA REQUIREDi 1. Amount to be funded by both city and County of Denton. 2. County population. 3. City population. 4. Total usage. 5. Percentage6of usage by City residents. The formula may then be applied as indicated by the following stepat STEP It Obtain the amount of the required cash as shown by the example of Flow Memorial Hospital below. (See (1) on example.) STEP 21 Determine the percentage of usage by the City. Multiply the amount shown in stop 1 by this percentage, thus providing the City's share (before adjustment for "so-called" double taxation). The difference bottieen the two would then be the County's share (2). STEP 31 Divide the County's share as shown 16 Step 2 by the County population, thus obtaining the County's par capita share (3). A "3" March 10, 1980 y . J STEP 4~ Deduct, from the City's share as shown in Step 2, the result of the County's per capita share (Stop 3) times the City's population, thus obtaining the not City's share of the cash requirement shown in Stop 1. The remainder would then be the County's share. A study of the above w0 l dearly s;c-, that the ingrbdients, that is, cash requirement, population, and usage, change from year to years however, the formula will always remain the same. EXAMPLE OF FORMULA ALLOCATION TO FLOW MEMORIAL HOSPITAL, 1980 ALLOCATION OF DEFICIT: AMOUNT PER CENT Total Deficit $419,681.00 Deduct Indigent care 162,500.00 $257,181.00 (1) 100 City's share] 57%(263) x $257,181 $146,593.00 (2) 57 (462) County's share $110,588.00 (2) 43 • County's per capita share ($110,588 1 127,950 $ .86 (3) Total City's share $146,593.00 (4) Deducts (County's per capita share-$.86 x 51750) $ 440505.00 (4) Net City's share $1021088.00 _(4.) FINAL ALLOCATIONt City of Denton $102,088.00 24.4 County of Denton: Indigent care $162,500.00 By Formula 155,093.00 317,593.00 75.6 TOTAL $419,681.00 100 FACTSt County Population 127,950 City Population 51,750 Hospital Deficit $419,681.00 City Patients 263 Total Patients 462 Several explanatory comments regarding this formula may be in order. In computing usage, tie committee has allocated to the county the usage by out-of-county residents. This usage could, alternatively, be allocated to the city and the county proportionately. In allowing -3- , !larch 10, 1900 " for double taxation, the committee assumed that Denton residents' share of all county taxes paid is in proportion to Denton's share of the total county population. This assumption may be true or false, but we recommend it be followed until the two governing bodies can mutually arrive at a demonstrably more accurate distribution. A scientific random sample of county tax payments might be taken to provide a reliable estimate of actual distribution, in connection with double taxation,incidentally, the committee's formula doom not eliminate double taxation entirely. The committee believes that some double taxation is justifiable on the score of convenience of location to the residents of Denton. The committee recommends that, with respect to the funding of the Denton County Health District and the Emily Fowler Library, the same formula as explained above be applied. Since debt service is included in the deficit at Flow Hospital which would be allocated between the city and the county, debt service for the library should likewise be included in the deficit of the library that is allocated between the two governments. The element of usage in the formula suggests the importance of the develoVment of record-keeping procedures by each of the three agencies that will be simple and economical to maintain and still give a reasonably reliable picture of usage. With good records of usage, the formula should permit an equitable apportionment for costs for years to come. The term "usage" should be interpreted as follows: 1. For Flow Hospital, discharge figures. Each admittee should indicate whether his residence is in the city limits or not. 2. For Emily Fowler Library, book loan figures. Each card holder should indicate at time of receiving the card whether his residence is in the city limits or not. Fox the time Leing, until library records permit book loan figures to be generated, library card holder figures are next best. 3, For the health district, service performed figures, For health ears services, each recipient should indicate whether his residence is in the city limits or March lo, 1980 not. For other kinds of services, the employee providing the service should make that determination. We further recommend that, in time, three year averages be used,`rather than annual figures so that sudden, sharp increases or decreases will LA "smoothed out",'thus pre4cncing sudden and unexpected demands on the budgets of the two governmental units. We are aware, moreover, that with respect to the health distzict, future expansion of activities associated with urbanization may require the usage formula to be adapted to reflect the differing costs of different kinds of health services offered by the district. The Committee wishes to commend the governing bodies of both the county and the city for the attitudes of public-spiritedness that they Nava displayed throughout our period of study. The officials of, both the county and the city have demonstrated a strong desire to find an equitable means of resolving the conflicts that have arisen in the past in allocating the costs of these three activities. The cooperative and constructive attitudes displayed by the county and city officials with whom we have worked have made our task much easier and certainly more pleasant than it otherwise would have been. s Alonzo Ja son, Jr., hairman 44Les ie eo1 ana Al ander~ M. Finlay, %Geo mit Clovis C. Morrisson, Jr. /I I Q' Richard (Dick) Walke - l Sam Beal Barton . March 100 1900 e• XSi4 1 'Y 3 1 V. Vu'11~~03 PACE 103 RELEASE CA THE STATE OF TEXAS { DEED RECMM KPOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON ) 51180 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 East 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 City Council; and 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 WHEREAS, 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 139, Block 272 in the name of Sherman Byrd was shown to be specially assessed A the amount of Three Hundred Seventy-Four and 30/100 Dollars 0374.30)1 and WHEREAS, the property owner's share of the cost of improving East Prairie Street in the City of Denton, Texas Is Three Hundred Seventy-Pour and 30/100 Dollars ($374.30); now, there- fore, in consideration of the purchase of 17,567.76 square feet of land out of Lot 1390 Block 272 for drainage improvements on said tract, the said City of Denton, Texas, does hereby forever release and discharge the said Sherman Byrd his heirs and assigns, and Lot 139, Block 272 as shown on the City Map of the said City of Denton, Texas, from anv and ell special assessi,aznc 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 5910 Page 236 of the Deed Records of Denton County, Texas, EXECUTED this the L day of January, A. D. 1980. CITY OF DENTO TEXAS 1 BYt B OOKS BOLT, CITY SECRETARY CITY OF DENTON, TEXAS THE STATE OF TEXAS ) COUNTY OF DENTON } BEFORE ME, the undersigned authority, in and for said County, 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 expressed, and in the capacity therein stated. r~rGIIVEN UNDER MY HAND AND SEAL OF OFFICH, This the 11th day of Jkr f4a980. r DENTON COUNTY, TEXAS 1. gy Cona' ion expires March 31, 1991. PAGE TWO - RELPASE - BYRD PAVING ASSESSMENT M1003 PACE 100 r } s pAf[/li ~ I~WhCI[l[, a ~r r ~ 1111 Mf !w~ VAMP I!'4 In~Guan as tlw q of nrfa/ in 48 roluny no ft uk Im Dw Ca+My, w mf o hm *l ~1 FE8 2 1980 Ix w Who 1 r iik F E STATE O TEXAS, ~ KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON THAT BILLY M. ENNIS MEED RECORD, 74[48 of Denton County, Texas , In consideration of the sum of • One Dollar and No/100 ($1.00)------------ and other good and valuable consideration in hand paid by the City of Denton, Texas receipt of which Is hereby acknowledged, do by these presents grant, bargain, sell and convey unto to the City of Denton, Texas, the free and uninterrupted use, liberty and privilege of the passage !a, along, upon and across the following described property, owned by him . Situsted in Denton County, Texas, In the R. Beaumont Survey, Abstract No. 31 All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the R. Beaumont Survey, Abstract No. 31, and being part of Lot No. B, 9 and 10, Block 9 of the Oak Grove Addition, an addition to the City and County of Dents:, and also being part of a tract of land as conveyed from Bessie L. Ellis, Charles W. Ellis and Beulah A. Dane to Billy M. Ennis by D--ad dated September 20, 1976 and recorded in Volume 804, Page 704 of the Deed Records of Denton County, Texas, and more particularly described as follows: Beginning at the northwest corner of said tract, same beinc the intersection of the south Right-of-Way line of Egan Street and the east Right-of-Way line of Malone Street; Thence south along the west boundary line of said tract, same being the east Right-of-Way line of Malone Street, a distance of 30.00 feet to a ;oink; Thence east 3.00 feet to a point; Thence north, 3.00 feet east of and parallel to the west boundary line of said tract same being the east Right-of-Way line of Malone Street a distance of 30.00 feet to a point in the north boundary line of said tract, same being the south Right-of-Way line of Egan Streets Thence west along the north boundary line of said tract, same being the south Right-of-Way line of Egan Street, a distance of 3.00 feet to place of beginning and containing 90.00 square feet of land more or less. And It is further agreed that the acid City of Denton, Texas , In consideration of the benedta 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 a public sidewalk In, along, upon and across said premises, pith the right and privilege at all times of the krantee 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 ad(titions to, Improvements on and repairs to the said public sidewalk, or any part thereof. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. Witness his hand , thin the /a day old G3 A. D. 10 80. ,fz~~ BILLY W.-ENNIS Y(,~ BOB F~cE 369 Y! Y SINGLE ACKNOWLEDGMENT vA006 PAGE 370 THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF. _DENTON In and for said County, Texas, on this day personally appeared BILLY M ENN.LS ,+Ot ;•,,~•t known to me to be the person whose name IS suhscr'bod :n the foregoing instrument, ind acknowledged' to; that be_..,. executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY BAND AND SEAL OF OFFICE, is /J day of , ,i pt a' ,S'A'D. 19 (L.S.) Vti± Qfvnsv)r' Notary Public, _ _DENTOI2___ _.._______.County,,,'pexas s hfy Commission Expires June 1, 19 10.. SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF _ .---__.__J 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, ane: acknowledged to me that .he . executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, TLis day of _ . A.D. 19 (1..S. I Notary Public, County, Texas My Commission F.xpireo June 1, 19 CORPORATION ACKNOWLEDGMENT v THE STATE OF TEXAS, ~ BEFORE ME, the undersigned authority, COUNTY OF in and for said County, Texas, on this dny personally appeared km,-Art G. ure to be the person and oBcer whose name is subscribed to the fore4oing invtronant r. A acknnwlydged to me iK;it tie same was the act of the said a corporation, and that he executed the same as the act of such corporation for the prrposca and consideration therein expressed, and In the capacity therein staled. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This da. of A.D. 19 Notary Public, County few s My Commission Ezpites June 1, 19... _ CLERK'S CERTIFICATE THE STATE OF TEXAS, r, County COUNTY OF. Clerk of the County Court of said County, do hereby certify that the foregoing inal:amenl of writing dated on the SiAlf Of Mwr of COUNTY Of KXM , A. D. 19 with its Certificate of Authentication, was filed for rcr1 n~94~ Ownl', Tc*Ay of , A. D. 19 at o'clock bl., and duly e ry hill fnsj{r~u nen!~twas riled on lM A. D. l9 at o'clock AL, in the resists arb Q1 surmpad Atredll E A yW.a and less d* to, corded Ira Ili., Vol- in I t ..l.tha maw racards Records of said County, in Volume on pages fou WITNESS Y HAND ANlYMAttiMPTHE COUNTY COURT of sa!d County, at office in "I 1 9 i i : the day and year last abme written. r lj A e fY' ~0 County Clerk County, Texas. (L By Deputy. COArf w a ostNoa tvai*. filow T3 i. F ~ f ~ 3 ! a. ~i c3 i I E °9 dE06 a s M` z I;O H 13'P11'1t 4 y ~ e M i ! u ~Q v}~ii' a t iJ. I. ter' nJ -0 QTY ►7i 6* ~ r Al u~ tj i , Vol RSVP THE STATE OF TEXAS COUNTY OF DEUT'ON X FUNDING AGREEMENT This agreement is hereby entered into by and between the City of Denton, Texas, a )tome Rule Municipal Corporation, hereafter called the City, and the Retired Senior Volunteer Program hereLer called the YjTe_ncy. WHEREAS, the City ]hrnan Resources Committee (IIRC) has reviewed the services of the agency and has determined that the Agency performs -'an importanL human service for the residents of Denton ,Y:Lthout<'re- gard to race, creed, color, age or national origin, and therefore IIRC rr_-c:orr:-ienrts funding the Agency; and MIEPd.'AS, The City has detc•rnined that the Agency merits assistance and has provided for $3,000 in its budget; NOW, THEREFORE, the partic-.c hereto mutually agree as follows: ' 1. SCOPE OF SERVICES The tgency shall in a satisfactory and proper manner perform the %'ollowing tasks A. The Agency's purpose is to offer. opportunities for retired people 60 years or older to do volunteer service in the community. B. To remove obstacles that would keep volunteers from serving (transportation, reimbursement, meals, insurance). C. To develop stations, non-profit, public and private, in which volunteers can serve and with stations representative to design job descriptions for D. services needed. To recognize volunteers for their valuable service. To recognize supportive 1; staff in cooperating agencies. To recruit, place and train volunteers. 2. TIME PY!,WORKANCE The services funded by the City shall be undertaken by the Agency within the following time frame: October 1, through September 30, 1980 3. USE OF FUNDS City funds ;;hall be utilized by the Agency to perform the to I lowing: A. Upon request, reimburse volunteers for mileage from home. to place of service and back; 11. For accident and liabilit~ insurtfice for Wtve volunteers plus excess auto insurance ff r those vo +in eers w o drive their cars. C For recognigion purposes. r METHOD OF PAYMENT The City agrees to make payment to the Agency upon submission ' of approved requisition(s) in 1 allotment(s), It is expressly understood and agreed that in, no event: under, the terms of this contract will the cut a; compensation to be paid hereunder exceed the maximum sum of $ 3,000.00 for all of the services rendered. 5. EVALUATION The Agency agrees to participare in an implementation and main- tenance system whereby the service, can be continously monitored. The Agency agrees to matte available its financial records for review by the City at the City's discretion. In addition,-the Agency agrees to provide the City the following data and/or re- ports: A. All external or internal audits. B. All external or internal evaluation reports. C. Quarterly performance reportstsubmitted 'in January, April, July and September,* to include the following . criteria: I Number of active Senior Volunteers II. Number of volunteer hours served III Number of stations in which volunteers serve D. Quarterly financial statements submitted in January, April., July, and September to include expenses and income. r 6. SUSPENSION OR TERMINATION The City nNay suspend or terminate payments to the Agency. part or whole for cause, Cause shall include but not be limited to the following: A. Agency improper, misuse, or inept use of funds. Agency failure to comply wil.li the terms and conditions of this agreement, C. Agency submission of data and/or reports that are incorrect or i.ncomplcte in any material respect, or D. If for any reason the carrying out of this a;reement is rendered impossible or infeasible. In case of suspension, the City shall advise the" Agency, in writing, as to conditions precedent to the resumption of funding and specify a seasonable data for compliance. In case of termination, the Agency will remit to the City any unexpected City funds. Acceptance of these funds shall not constitute a waiver of any claim the City may otherwise have arising out of this agreement. . IN WITNESS WHEREOF, the parties do hereby affix signature and enter into this funding a,greement as of the dim' day of --~M c 198 0 . CITY OF DENTON TEXAS AGFNCY it Mtmager Dire or V I ATTES ATT T . ~ ~o A,~ C TO THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS APPLICATION FOR AUTHORIZATION AND APPROVAL OF A NONPROFIT INDUSTRIAL DEVELOPMENT CORPORATION TO ACT ON BEHALF OF THE CITY OF DEN•iONs .TEXAS We, the undersigned natural persons, not less than three in number, each of whom is at least 18 years of age, and each of whom is a qualified elector of the City of Denton, Texas, hereby request in writing that the City of Denton, Texas, authorize and approve the creation of a nonprofit industrial development corporation to act on behalf of the City of Denton Texas, pursuant to the "Development Corporation Act of 1979", with such nonprofit industrial development corporation to be known as "City of Denton, Industrial Development Authority". The Articles of Incorporation and the Bylaws proposed to be used in organizing the nonprofit industrial development corporation are attached hereto and made a part hereof for all purposes. SIGNED this the day of fikue~v , 1980. ! U 1~ . 1 ARTICLES OF INCORPORATION OF CITY OF DENTON INDUSTRIAL DEVELOPMENT CORPORATION THE STATE OF TEXAS -OUNTY OF`0ENTON , WE, THE UNDERSIGNED natural persons, not less than three in number, each of whom is at least 16 years of age, and each of whom is a qualified elector of the City of Denton, Texas, (which is a duly incorporated Home Rule City, having more than 5000 inhabitants, operating and existing under the Constitution and laws of the State of Texas and the duly adbpted Home Rule Charter of said City), acting as incorporators of a public instrumentality and nonprofit in- dustrial development corporation (the "Corporation") under the "Development Corporation Act of 1979", with the approval of the governing body of the City of Denton Texas, as evidenced by the Resolution attached hereto and made a part hereof for all purposes, do hereby adopt the following Arti- cles of Incorporation for the Corporation: ARTICLE ONE The name of the Corporation is City of Denton, Industrial Development Authority. • ARTICLE TWO The Corporation is a nonprofit corporation, and is an industrial development corporation under Lhe Development Corporation Act of 1979. ARTICLE THREE The period of duration of the corporation is perpetual. ARTICLE FOUR The Corporation is orgatized exclusively for the purposes of benefiting and accomplishing public purposes of, and to act on behalf of, the City of flentoni Texas, and the specific purposes for which the Corporation is organized and l may issue bonds on behalf of the city of -Denton. Texas, are the promotion and development of commercial', industrial, and manufacturing enterprises to promote and encourage employment and the public welfare, pursuant to the Development Corporation Act of 1979. The Corporation is a constituted authority and a public instrumentality within the meaning of the regulations of the United States Treasury Department and the rulings of the Internal Revenue Service prescribed and promulgated pursuant to Section 103 of the Internal Revenue Code of 1954, as amended, and the Corporation is authorized to act on behalf of th t City of Denton, Texas, as provided in-these Articles of Incorporation. However, the Corporation is not apolitical subdivision or political corporation of the State of Texas within the meaning of its constitution and laws, including without limitation Article III, Section 52, of said constitution, and no agreements, bonds, debts, or obligations of the Corporation are or shall ever be deemed to be the agreements, bonds, debts, or obliga- tions, or the lending of credit, or a grant of public money e or thing of value, of or by the City of Denton, Texas, or any other political corporation, subdivision, or agency of the State of Texas, or a pledge of the faith and credit of any of them. ARTICLE FIVE The Corporation has'no members and is a nonstock cor- poration. ARTICLE SIX These Articles of Incorporation may at any time and from time to time be amended as provided in the Development Corporation Act of 1979 so as to make any changes therein and add any provisions thereto which might have been includ- ed in the Articles of Incorporation in the first instance. Any such amendment shall be effected in either of the ing manners: (i) the members of the board of directors of the Corporation shall file with the governing body of the City of Denton, Texas, a written application requesting approval of the amendments to the Articles of Incorporation, specifying in such application the amendments proposed to be made, such governing body shall consider such application and, if it shall by appropriate resolution duly find and determine that it is advisable that the proposed amendments be made and shall approve the form of the proposed amendments, then the board of directors of the Corporation may amend the Articles of Incorporation by adopting such amendments at a meeting of the board of directors and delivering articles of amendment to the Secretary of State, or (ii) the governing body of the City of Denton. Texas, may, at its sole discretion, and at any time, amend these Articles of Incor- poration, and alter or change the structure, organization, programs, or activities of `he Corporation, or terminate or dissolve the Corporation (subject to the provisions of the Development Corporation Act of 1>^79, and subject to any limitation provided by the constitutions and laws of the State of Texas and the United States of America on the impairment of contracts entered into by the Corporation) by written resolution adopting the amendment to the Articles of Incorporation of the Corporation or articles of dissolution at a meeting of the governing body of the City of Denton, Texas, and delivering articles of amendment or dissolution to the Secretary of State, as provided in the Development Corporation Act of 1979. Restated Articles of Incorporation may be filed with the Secretary of State as provided in the Development Corporation Act of 1979. ARTICLE SEVEN The street address of the initial registered office of the Corporation is$ City of Denton Municipal Building, 213 E. McKinney, , Denton, Texas 76201, and the name of its initial registered agent at such address is , 1 ARTICLE EIGHT The affairs of the Corporation shall be managed by a board of directors which shall be composed in its entirety of persons appointed by the governing body of the City of Denton. Texas. The number of directors constituting the initial board of directors is three. The names and street addresses of the persons who are to serve as the initial directors, and the dates of expiration of their initial terms as directors, are as follows: DATE OF EXPIRATION OF NAMES ADDRESSES TERM Each of the initial directors resides within the City of Denton.' Texas. Each director, including the initial directors, shall be eligible for reappointment. Directors are removable by the governing body of the City of Denton, Texas, for cause or at will, and must not be appointed for a term in excess of six years. The directors shall serve as such without compensation except that they shall be reim- bursed for their actual expenses incurred in the performance of their duties as directors. Any vacancy occurring on the board of directors through death, resignation, or otherwise, shall be filled by appointment by the governing body of the City of Denton, Texas,to hold office until the expiration of the term for which the vacating director had been appointed. ARTICLE NINE The name and street address of each incorporator is: / c: 17 OUA~~ hl NAME ADDRESS ARTICLE TEN The City of Denton, Texas,has specifically author- ized the Corporation by Resolution to act on its behalf to further the public purposes stated in said Resolution and these Articles of Incorporation, and the City of Denton, Texas,has by said Resolution approved these Articles of Incorporation. A copy of said,Resolution is attached to these Articles of Incorporation and made a part hereof for all purposes. a ARTICLE ELEVEN No dividends shall ever be paid by the Corporation and no part of its net earnings remaining after payment of its expenses shall be distributed to or inure to the benefit of its directors or officers or any individual, firm, corpora- tion, or association, except that in the event the board of directors shall determine that sufficient provision has been made for the full payment of the expenses, bonds, and other obligations of the Corporation, then any net earnings of the Corporation thereafter accruing shall be paid to the City of Denton, Texas. No part of the Corporation's activities shall be carrying on propaganda, or otherwise attempting to influence legislation, and it shall not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of or in opposition to any candidate for public office. ARTICLE TWELVE If the Corporation ever should be dissolved when it has, or is entitled to, any interest in any funds or property 1 • 1 ' of any kind, real, personal, or mixed, such funds or prop- erty or rights thereto shall not be transferred to private ownership, but shall be transferred and delivered to the City of Den!x,. Texas, rf:e- sati4°zcticn =r prcotsion for satisfaction of debts and claims. IN WITNESS WHEREOF, we have hereunto set our hands, this day of ft_0A±Lji , 19f8o. W INCORPORATORS THE STATE OF TEXAS : COUNTY OFDENTON r it the undersigned, a Notary Public in and for the above County, do hereby certify that on this ~ day of 461 '•9F), gara.nally appeared before me .y' !h G and~• who, each being by me first duly sworn, severally declared that they are the persons who signed the foregoing document as incorporators, and that the statements therein contained are true. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year above writa~~A o tary Public in and for Ocnlon County, Texas My Commission Expires 1 (NOTARY PUBLIC SEAL) i r ~ ~s fi- .a , Rollins Burdick Hunter of Illinois, Inc. 10 South Riverside Plaza, Chicago, Illinois 606%'TelCphone 312 454 1400 FOPWARDED FROM COUNTERSIGNATURE O March 26, 1980 H UNT L- R Mr. Ray Wells City of Denton Utilities Dept. 215 E. McKinney Denton, TX 76266 RE: Motorola C&E, Inc. $24,563.00 Performance Bond -to-City of Denton, TX Seaboard 0882346 Dear Mr. Wells: In accordance with instructions from Mr. Keith Baker of Motorola, we attach the above outlined bond which has been fully executed, Very truly yours, ROLLINS BURDICK HUNTER OF-ILLINOIS, INC, Florence Carlig Bond Dept. encl. ' Bond No._....882346._,___.._._ . SEABOARD SURETY COMPANY NEW YORK, N. Y. Qyy~~ LL PERFORMANCE BOND KN OT OIAE Cg tMUNfIECATIONS a ELECTRONICS# INC„ an Illinois Corporation, That _.1301, East, Algonquin Road, Schaumburg, Illinois 64172 I Nvr 1.11M ao .am# Nf ►e/ne, 0, Ipd Yerr, d r" lMbK1Mt . ► as Principal, here',nafter called Contractor, and SEABOARD SURETY COMPANY as surety, hereinafter celled Surety, are held and firmly bound unto City of Denton Utilities Dept. - Attn: Hr. Ray Wells 215 E. McKinney, Denton, TX 76Y66 _...-..11a4h li r" m" MA ►Nlw, N Iryor 111sk or FM 0~1 as Obligee, hereinafter coiled Owner in the amount of-'wcuty_Four _Thousand, Fivc.llund red Forty. Three _------r_--c-r=-r-r_--.-c---------c. -0oMe s (f 24e543.0(L---.-j for the payment whereof Contractor and Surety b'nd themselves, therr hers, esecvton, administrators, successors and anions, jointly and severeily, firmly by these presents. WHEREAS, Contractor has by written agreement dated December-14. 1979 entered into a contract with Owner for_ furnishing_and__installing two way comlaunications_ --esuiDment- Per._.conuact_48700 in accordance with drawings and specifications prepared by___- _ tH~n In,M r.n w.,,. ► rM.t which contract is by reference made a part hereol, end is harefneyy fler referred to as the CONTRACT. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION 4 such that, if Contractor shat promptly and faithfully perform said CONTRACT, then this obligation shall be null and void; otherwise it shall rema~n in full force and effect. Whenever Contractor shall be, and declared by Owner to be in default under the CONTRACT, the Owner har. ing performed Owner's obligations thereunder, the Surety may promptly temedy the default. ew shell promptly (l) Complete the CONTRACT in accordance with its terms and cc,d,tions, or (2j Obta;n a bid or bids for submiss'on to Owner for completing the CONTRACT in accordance with ih terms and conditions, and upon determ:nal'on by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner and make ava lable as work progresses [even though there should be a default or a succession of defaults under the contract or contracts of comp4tion arranged under this paregraphl sufficient funds to pay the cost of completion leis the balance of the contract price, but not eeceeding, includ ng other costs and damages for which 1he Surety may be liable hereunder, the amount set forth in the fn1 para. graph hereof. The term "balance of the contract price," as used in this paregranA shall Moen the total amount parable by Owner to Contractor under the CONTRACT and any amendments I erello, leu the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which Anal payment under the CONTRACT falls due. No right of action shell accrue on this bend to or for the use of any person or corporation other short the Owner named herein or the heirs, executors, administrators or successors of Owner. Signed end sealed this. 26th,..,..__._ __day of___ March D. I980_ MOTOROLA COMMUNICATIONS 6 ELECTR NI9SO I C, {Seaf1 HOLLM OUFIDIfx( z L Apt, V of Tuts, ho. Principe IN THE PRESENCE OF, BOARD SURETY jMPin~ ANY (Seel] Witness irl BY Thrisssae J. Jostles tto ac fore 6ornnE ' Certifiell Copy ti1:Altt►,\121) s1'Is° n-ta' fJo, 87)93 I NEW YORK, NIAV Yswltc POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: Th,rt SFAIIt AND Sl1Rh f1' C(1\II'AN`i', a corporation of Or "',late of New, Turk, has made, consliltur•d and al,l"+init-1 will by tht•,e prcru•nl. dr„ s M AI', 0111Slill1te and apl"tint David von winckler or 7txnus J. Joslin---------- of Chicago, Illinois its true and lawful Attorney-in-Fact, to make, execute and deliver on its behalf Insurance policies, surety bonds, under. 10 takings and other instruments of similar nature as follows: Without Limitations Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duty executed by the aforesaid Attorney-in-Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized officers of the Company and scaled with its corporate seal; and all the acts of mid At1wncy•in1'acl. putsumt to the .uthnrity hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the folhncing Fl}.-Ums schich were dufc adopted by the ll,mril of Directors of the said Com- pany on December Sth, 1927, with AttletitlnlLntS nl and iucludillg April f+, IW8 Ald ale still in full force and effect, ARTICLE VII, SECTION 1: "Policies, bonds, recognizances, stipulations, contents of surety, underwriting undertakings and instruments relating thereto. Insurance policies, bonds, recognizanres, slipulatiuns, cowrnls if tnzrrty and undrraritwc undrrtaling, of the ('rn+;any, and rcha,es, agreements and other writings relating in any way thereto or to any claim or loss thereundrr. shall to signrJ in the name ar>.i Ni 1<hall of the Company (a) by the Chairman of the Board, the President, a Tice Pre6dent or a Resi.icnt V,(c 1'rr,ident snd ty the Secretary, an Atikiant Secretary, a Resident Secretary or a Resident Assistant Secretary; of (b) by an Anorncy in Fart for the Company appcoried and sullnorind by the Ctuir• man of the Board, the Presidcnt or a Tice Fresident to make such signature; or (c) by such otter oRicrn or represcr,!Anas as the board may from time to time determine. The seal of the Company shall if appropriate be affixed thereto by any such officer, Auorney-in Fart or reprr,mtatise." STATE OF ILLINOIS I OUNTY OF COOK I, Florence Carlig a Notary Public, in and for said County, in the State aforesaid, do hereby certify that Thomas J. Joslin Atiorneyin-fact for the SEABOARD SUHF.I Y CO\fPANY, who is personally known to me to be the same person whose name is subscribed to the foregoing instrument as Attorney-in-fact, appeared before me this day in person and acknowledged that he signed, scaled and delivered the foregoing instrument as his free and voluntary act as Attorney'-ind'act ct the SFABOARD SURE'[ Y COMPANY, for the uses and purposes therein set forth, And the said Thomas J. Joa 1 f n being fir duly sworn on oath says that he is Attorney-in-fact for the said SEABOARD SURF FY C011PANti', and that suc authority has not been revoked or rescinded; that he knows the corporate seal of said Company; that the seal affi}+ed to said instrument is such corporate seal, and that it was so affi% d by order c+f the Board of Directors. Given under my hand and Notarial Seal this 26th day of March A. D. 19 80 - - _~r Cv lisle Elves X,f1, IXJ Notes r4ar« State of New York No. 24-71045AP Qualified in Kings Co mty Certificate filed in New York County (Seal) Ommission Expires March 30, 1980 ..,...,......,.Jphf)."%M Notary Pabliic CERTIFICATE 1, the undersigned Assistant Secretary of SEAJOARU SURETY COa£F'ANY do here certify that the original Poittr of Attorney of whkh the foregoing If a full, true and correct copy, Is in full force and effect on the dale of this Certi +cate and I do further certify that the Vice Presidcnt who executed the said Power of Attorney wax one of the Officers authorized by the £loard of Directors to appoint an auoency•Imfut as prosirled in Article VII, Section I, of the Br-laws of SEABOARD SURETY COMPANY. This Certificate may be ngwd and %rated by facsimile under and by autlxsrity of tee following resohulkv of the Board of Directors of SEA, BOARD SURETY COMPANY at a meeting duly ea)kd and held on the ?Arh day of une 197011 "RESOLVED: (l) That the use of a printed facslrnile of the corpotale seal of to rompany owl of the stgnaeure of an Assistant Secretary on any certification of the correctness of a top), of in inarument exewtat by tlsc Preddrnt or a Vkc-l'tesfdent pmrsuita to Article VII, Section I, of the By-laws appointing and oulhoricin on attorney-Ire-fact to sign in the name and on lwlralf of the company surety bonds, underwriting undertakings or otter £nstruments described in said Article VII, Section I, with like effect as if such seal and such elisnalure had been manually tsRlxed sited nude, hereby is authorized and appruved." IN WITNESS WHEREOF, 1 have hereunto set my Find and affixed the corporate seal of the Company to these presents this 261h,,,,,,,,,,,,, day of March.,,,,,,,,,,,,,,,..,.,.......,.,,..,,,,.,...,.,,,,,.., O AFry~,Oy 4 as ...00. ..As, arA 4eerttaty poll yore er 11M r.ng ft► (tee.. Lyl) Crt tifrrsl Copy ' . . ~lS,\1111,\!2I) ~1'lil~:flat ft~l1',\1Y No. 8793 - Nviv Y(uth, Ns:w 1'mm POWER OF ATTORNEY KNOW ALL MEN 13Y THESE PRESENT S: Ylttl SI`AI!OAUll SURETY COMPANY. a cnrlw,r,cliun of t'rr Stale cd New Yolk, has us!de, cunslihilyd amt appointed and by there pre,rril, (If", (hake, euastilLife and appw,ini WVid sun Wincklcr or 'Itxetus J. Joslilr---------- of C7ticago, Illinois its true ana las Iful Attorney-in-Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, Lill .'er- takings and other instruments of similar nature as follows: 4fitliout Limi.totions Such insurance policies, surety honds, undcOakings and instruments for said purfr)ses, %fiert duly executed by the aforesaid Attorney-in-Fact, shall Iw binfitig upon the said Conilmny as fully and to the wank estrnt at if sigtk l Lp the duly auth,,rired officers of the Company and scaled with its corporate seal; and all the aos of said A:iwiity ln)'att, pursuant Io iltc •11lhnrk)• berrby given, are hereby ratified and confirmed. This appointment is iuadc pursuant to the folloai lg Iiy-laws ashith were duly a,bq,ir,l hY Ihr It,mr1 of Ihrrchat of fire said com- pany on Decemher 816, 1927, sritlt Amendnituts I, and incluoliug AI,Ir1 6, Iv x amt are still In fall f.rte .,r,d effect: ARTICILF. V(l. SFCT10N 1: "Policies, bonds, recognitance&, stipulations, contents of surety, underwriting undertakings ar;d Instruments retailing thereto. fas''tranre policies, bonds, recogninnres, .iipulatiunt, corun 1% 94 surery and ur•A,rw r tans wr!rlt,l ire, of !hr I t tT Iriy. and reb a.r,, arretmcnti and othe• writings relating in any ay thereto or In any clam or lots therrw,drr, 0.41; !e srgnn! in the rums ar.t rn Ir11A11 rf Ihr ('m;.ally (a) by the Chairman of the lieard, the Prrsidcnt, a %re 1'residrnt or a kru,!,n! N i r Tier toil amt Ey Ow Sef wiry, an Attistara Secrrury, a Re:idrnt Secretary or a Resident Assistant Secretary; or (b) by an Am,mcy,n Fail for Of (.03,tv,, a1l.,ctr•1 a•a auttwriec4ly Its (Chair- man of the Board, the President or a Tice President to make suh signature, of (c) by such Wwr o0wres ne rryrrKnUOrh as the hoard may from time -r time determine. The real of the Company shall if appropriate he affixed thereto by any such 4Kcr. Amcrley in Fast or Iepr c,mrarisr.' t Pa., IN'WITNESS WHEREOF, SEABOARD SURETY CONWANY hat causrd Ihrw presents to I.; signed by oar el Is Vice- and its corporate seal to lie hereunto affixed and duly atlcsfcd I;Y one of its Assistant Sart,anes, day of 4~tr4~?S'X 19.,...79 Attest: SEABOARD SURETY COMPANY. (Seal) ...VA1iagn.Pt.J1aw By frf .5...1 rhr(s11 Assistant Secretary Vice-Preslder,t ST -E OF NEW YORK CO XTY OF NEW YORK On Is ? fA S WP.~Ke~.l ...,~atO1 iCet•['resident of 9 F?V40.1[1 5t!TC 1i'A e'ith whom 1 am personally day of attn... asfio, peeing l.. ells r N before rru ersonalJ.% appeued duly sworn. said that he resides in flit State of ..,...:.,.....Jer 'Y......,,,•,• that he is a Vice-President of SEABOARD SURETY COMPANY, the corporation descril in and which executed the fore- going instrument; that he knows the corporate seal of the said Cumisza that the seal affixed to said inorunlent is such corporate seal; that it was so affixed by order of the Board of Directors of &aid Company: and that he signed his name thcrelo as Vice. President of said Company by like authority. State of New York Nor 24-7104540 Qualified in Kings County Certificate filed in New York Crnuity (Seal) Coilmission Evires March 30, 1980 V1910...Jf?tIi tm........ I....... I... Nouty Public CERTIFICATE 1, the undersigned Assistant Secretary of SEABOARD SURETY COMPANI' du lerrhr certify that the oriahtal Power of Attorney of •hkh the foregoing Is a full, true and correct copy, Is in full force and effect oft the date of this Ccitilcate acid 1 do further certify that the Tice President who executed the said Power of Attor eye was one of the Officers outhnrfeed by the Iloard of fsireciors to appoint an attormy-in-fact as proti,led In Article VII, Section I, of the Bt-Laws of SF-ABOARD SURETY COMPANY. This Certificate may be si ned and !rated by factimile snider and by authorily of the following resolicion of the Board of Directors of SEA. BOARD SURETY COMPANY at o Inerong duty called aml held in 11se 281h day of )Line 1971111 "RESOLVED: (2) That the use of a printed factitnile of the corry,rate seat of d,c company and or the tignature of an Assistant St'-friary on any etrtificatim of the torreclaess n, a clip), of an Inorsonent eseceied by the Pre,fdmt or a Vice•Presidod purswtd to Article VII, Sector Ily-ms Insctrumentsstill dcscritxdlrin saidaiArticlelVII, Secliem 1! %ah likename Otcl as 1whall eat I- of such seal and suchnaRnsurety alurt haidhirrii manuatlly affixed and nude, hereby Is auiliorited and app-uetyl." IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the corporate seal of The Company to these presents this .26th day of ,.,,,,,March.,...,,,....,,.19..,80 ' 19! 7 0~? ~ "Ass' ant .Cecr~tsr~ w 01 rwas ass rltav. 6.111) i t i 5o0 f_ ~rT (J 1 1 3 IJf TOs , D r I aE T. { I ESTIGATE i PEPORT ---Q--PER YOUR REQUEST TARE APPROPRIATE ACTION FOR YOUP 4ECOM4ENDATION ❑ PREPARE FOR MY SIGNATURE r3l SOUR INFORMATION ❑ SEE ME ILE ` ❑ READ AND RETVRN ❑ PIQUEST APPPOVED ❑ FOR YOUR APPROVAL ❑ REQUEST DENIED ❑ ATTACH ME i RETUR.Y ❑ SIGNATURE ~ COMMENT'S Liz, JA &N4j, 0- 4' 4-'4 Qdj.l Lt,t f .~-n • . ~ La: t~ ~ . t.: Lti• to L • t. Om t O n N a 1• G Z O z ZODmN D o { m OmDZ D 3 vi C) 7 z co : w f 2 m D p c) r~ D r F ~ •tK .Y. .'v r•LM:a'.Y.:••..'•i•C•L.Y::.:~. r•'. :•i lY..,:•'..•i .•i .Y.•. Y. r~'.. r:•.15-. ''t.,t •.u • • t •x eti W w •..v tti • V t..• L. .:•1' L.t R19191. . . - - , i o x Q j ~ 0 S Zi t~ - Y to •i G• ;Y, hti •i :•i . t . fa•. r.i r. . ..Yi •L h rai M. t ~ I J 7 5g1 + - -i 1e n•. r•i^ra r, .,.n•.`n ra.. i:• r• ra•. r.. rH:. :•t Yl •s :•1 :v1 •l sai r•:. e STENVAIATTITI.h: PURCHASER'S STATEMENT DATE: Marcie 14, 1980 GF No.: B-6356 SALEFROM: Lorene Sheppard Darrow et al TO: City of Denton p PROPERTY Part of the Hiram Cisco Survey A-1184, 50 X 148 feet PURCHASE PRICE S 2,500.00 PLUS: C4v_":CES Filing fees -o County Clerk: WD 9.10 REL _ DT_ TSF AFF_ S 9.00 Loan Charges and Fees Due to Appr, Fee _ CT, Rep. _ Photo Orig. Fee Insp. Fee _ $ S Loan Transfer Fee or Assumption Fee S Fees to Jatzoe Abstract Company Title Policy: Owner 108.00Mortgagee Binder -Escrow 15.00 Restrictions _ $ 123.00__ Tax Certificates: _ State and County S 7.00 City and School „ S Other _ S Survey Fee to _ S Attorney's fees for preparation of papers to Hat Burke S 240.00 S , Flood Insurance premium to S Hazard Insurance premium to S Tax and Insurance escrowed with $ mos. tax deposit @ per mo. mos. hazard insurance @ per mo. mos. flood insurance 9 per mo. mos. mortgage insurance @ per mo. S S Interest from . to $ S Proration of h3zarr, in; jnsnce from to Proration of flood insurance from to S Maintenance charge proration from to S Tax proration from to $ - S _ Escrowed ecco ants with lender purchased from Seiler S $ TOTAL CHARGES S 379'00 GROSS AMOUNT DUE BY PURCHASER $ 2.879.00 LESS: CREDIT''i Down payment or earner money paid to _ $ _ Loan from _ Note essumrd S ,Interest proration from to S Tax proration. from to Rent proration from to S _ Other Credit $ S . _ S TOTAL CREDITS S -0- BALANCE DUE BYffO PURCHASERS 20879.00 Purchaser understands the Closing or Escrow Agent has assembled this inrartnatiun representing she transaalon from the best Iniormtion available from other sources and Tannot 1911rantee the Accuracy thereof. Any real estate Agent or lender Involved atrry be famishedaeopyof this Statement. Nrchater understands that tax and Hsurante proratlons and reserve were baud on rymes fog the proceeding year or suppled by oihtty or estimates for current ynr, and 1n the event of any change fat eurtenl you. all necessary 0,4ommonta must be made between Turctaset and Seller direct. The underslgned hereby outhoral JAAQS AbStlaCS Co. to Bake expendsturts and dubursementa is shown above and approves Arnie for payment. The undersigned also Acknowledges receipt or Loan Funds, it applicable, In the amount 'hown above and a receipt o. A COPY of this statentient. 'i CL0$1V~, 0 R LSCROW AGENT ADPREI3 i Y•1 Owner Policy-Form Proscribed by State Board of Insurance of Texu-Raised 1970 { GFB-6356 STLAVAiLU"T TITLE C17AIt N TY C0 141I'A v { STEWART TITLE GUARANTY COMPANY, a Te:.as w.; ora.io,r, hcreinaf:cr caned he Coinpany, for value noes hereby, "uarantee to the herein named insured, the heirs, devisees, executors and administrators of the Insured, or if a corporation, its successors by dissolution, merger or consolidation, that as of the date hereof, the Insured has good and indefeasible title ' to the estate or interest in the land described or referred to in this policy. 1 , The Company shall not be liable in a greater amount than the actual monetary loss of the Insured, and in no event shall r the Company be liable for more than the arnount shown in Schedule A hereof, and shall, except as hereinafter stated, at its j own cost defend the Insured in every action or proceeding on any claim against, or right to the estate or interest in the land, I or any part thereof, adverse to the title to the estate or interest In the land as hereby guaranteed, but the Company shall t 7 not be required to defend against any claims based upon matters in any manner excepted under this policy by the excep• 1 lions rc1 Schedule B hereof or excluded by Paragraph 2, "Exclusions from Coverage of this Policy", of the Conditions and , Stipulalions hereof. The party or parties entitled to such defense shall within a reasonable time aftef the commencement { of such action or proceeding, and in ample time for defense therein, give the Company written notice of the pendency of { the action or proceeding, and authority to defend. The Company shall not be liable until :u..h adverse interest, claim, or ' right shall have been held valid by a court of last resort to which either litigant may apply, and if such adverse interest, claim, or right so established shall be for less than the whole of the estate or interest in the land, then the liability of the Company shall be only such part of the whole liability baited above as shall scar the same ratio to the v hole liability that the adverse interest, claim, or right established may bear to the whole estate or interest in the laid, such ratio to be based 3 ! on respe:tive values determinable as of the date of this policy. In tl,e absence of notice as aforesaid, the Company is re- lieved from all liability with respect to any such interest, clairn c, right; provided, however, that failure to notify shall not prejudice the rights of the Insured i such Insured shall not be t party to such action or prcceeding, nor be served with pro. cess therein, nor have any knowledge thereof, not in any case, :nless the Company shall be actually prejudiced by such failure. , Upon sale of the estate or interest in the land, this policy tutomaGcally thereupon shall become a warrantor's policy and the Insured, the heirs, devisees, executors and administraturs cf the Insuied, or ii a corporation, its successors by dis- solution, merger or consolidation, shall for a period of twenty-five years from date hereof rema;n fully protected according to the terms hereof, by reason of the payment of any loss he, they or it may sustain on account of any warranty of title contained in the transfer or conveyance executed by the Insured conveying the estate or interest in the land. The Com- pany shall be liable under :aid warranty only by reason of defects, liens or encumbrances existing prior to or at the date hereof and not excluded either by the exceptions or by tRe Conditions and Stipulations hereof, such tiabil;ty not to exceed the amount of.thfs policy. IN WITNESS HEREOF, the STEWART TITLE GUARANTY COMPANY has caused this policy to be executed by its Chairman and President under the seal of the Company, butothis policy is to be valid only when it bears an authorized countersignature, as of the date set forth in Schedule A. ' 41 ItuI nu a R.1]tr cuM r4 xI ref sad e.$ Chairman o the Board esident 0 1151969 A 581 GENERAL CONDITIONS AND STIPULATIONS 1. Definitions The following terms when used in this policy mean: (a) "land": The land described, specifically or by reference, in Schedule A, and improvements affixed thereto which by law constitute real property. (b) "public records": Those records which impart constructive notice of matters relating to the land. Ic) "knowledge": Actual knowledge, not constructive knowledge, or notice which may be imputed to the insured by reason of any public records. (d) "date": The effective date, including "your if specified. 2. Exclusions from the Coverage of this Policy This policy does not insure against loss or damage by reason of the following: (a) The refusal of any person to purchase, lease or lend money on the land. (b) Governmental rights of police power or eminent domain unless notice of the exercise of such rights appears in the public records at the date hereof; and the consequences of any law, ordinance or governmental regulation including, but not limited to, twilding and zoning ordinances. (c) Any titles or rights asserted by anyone including, but not limited to, persons, corporations, governments or other en• tities to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, takes, bays, gt ifs or oceans, or to any land extending from the line of mean low tide to the line of vegetation, or to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or to filled in lands, or artificial islands, or to riparian rights, or the rights or interests of the State of Texas or the public generally in the area extending from the line of mean low tide to the line of vegetation or their right of access thereto, or right of easement along and across the same. (d) Defects, liens, encumbrances, adverse claims against the title as insured or other matters (1) created, suffered, as- sumed or agreed to by the Insured at the date of this policy, or (2) known to the Insured at the date of this policy unless disclosure thereof in writing by the Insured shall have been made to the Company prior to the date of this policy; or loss or damage which would not have been sustained if the Insured were a purchaser for value without knowledge; or the homestead or community property or survivorship rights, if any, of any spouse of any Insured. 3. Defense of Actions (a) In all cases where this policy provides for the defense of any action or proceeding, the Insured shall secure to the Company the right to so provide defense in such action or proceeding, and all appeals therein, and perinit it to use, at its option, the name of the Insured for such purpose. Whenever requested by the Company, the Insured shall give the Com- pany all reasonable aid in any such action or proceeding, in effecting settlement, securing evidence, obtleri witnesses, or defending such action or proce-ling. (b) The Company shall have the right to select counsel of its own choice whenever it is required to defend any action or proceeding, and sulh counsel shall have full control of said defense. (c) Any action taken by the Company for the defense of the Insured or to establish the title as insured, or both, shall not be construed as an admission of liability, and the Company shall not thereby be held to concede liability or waive any pro. vision of this policy. 4. Payment of Loss (a) No claim shall arise or be maintainable under this policy for liability voluntarily assumed by the Insured in settling any claim or suit without written consent of the Company. (b) All payments under this policy, except payments made for costs, attorney fees and expenses, shall reduce the amount of the insurance pro tanto; and the amount of this policy shalt be reduced by any amount the Company may pay under any policy insuring the validity or priority of any lien excepted to herein or any instrument hereafter executed by the Insured which is a charge or lien on the land, and the amount so paid shall be deemed a payment to the Insured under this policy. (c> The Company shall have the option to pay or settle or compromise for or in the name of th. Insured any claim In- sured against by this policy, and surh payment or tender of payment, together with all costs, attorney fees and expenses which the Company is obligated hereunder to pay, shall terminate all liability of the Company hereunder as to such claim, Further, the payment or tender of payment of the full amount of this policy by the Company shalt terminate all liability of the Company under this policy. (d) Whenever the Company shall have settled a claim under this policy, all right of subrogation shall vest in the Com- pany unaffecter by any act of the Insured, and it shall be subrogated to and be entitled to all riahu and remedies of the Insured against any person or property in respect to such claim. The Insured, if requested by the Company, shall transfer to the Company a9 rights and remedies against any perlon or property necessary In order to perfect such right of suGo- gation, and shall permit the Company to use the name of the Insured in any lrantaction or litigation Involving such rights or remedies. 6. Policy Entire Contract Any action, actions or rights of action that the Insured may have, or may bring, against the Company, arising out of the status of the title insured hereunder, must be based on the provisions of this policy, and all notices require4 to be given the Company, and any statement in writing required to be furnished the Company, shall be addressed to it at P. 0. Box 21 Houston, Texas 77001. 6. This policy Is not transferable. T-1 Owner Policy Schedule - Form Prescribed by State Board of Insurance of Taaaa - 1970 ell 4/9/80 SCHEDULEA GF No. B-6356' Owner Policy No.: 03151969 A Date Of Policy: March 28, 1980 NAME OF INSURED: THE CITY OF DENTON, TEXAS. Amount: TWO THOUSAND FIVE HUNDRED AND N01100 ($29500.00) DOLLARS. 1. The estate of Interest In the land Insured by this policy is: (Fee Simple, Leasehold, Easement, Etc. Identify or Describe) FF.; SIMPLE. 2. 1 he land referred to in this policy Is described as follows: All that certain lot, tract or parcel of land situated in the City and County of Denton, State of Texas, a part of the Hiram Cisco Survey, Being a part of a tract of land conveyed by the City of Denton to M. C. Sheppard by deed recorded in Vol. 353, page 3940 Deed Records of Denton County, Texas, and mots particularly described as follows: BEGINNING at a point in the North 11ne of East Sycamore Street, said beginning corner being the Southwest corner of a tract of land described in a Deed from M. C. Sheppart, et ux, to Della Woodard, dated February 12, 1951; THENCE North along the West line of said Della Woodard lot, 140 feet for corner, same being the Northwest corner of said Woodard lot; THENCE West parallel with the North line of East Sycamore Street, 50 feet for corner; THENCE South parallel with the fleet line of said Woodard lot, 140 feet for corner to the North line of East Sycamore Strep.t; THENCE East along the North line of East Sycamore Street, 50 feet to the plece of beginning. SCHEDULER This policy is rubje t to the Conditione end Stipu4lom I»feof, the terms and conditions of the lures or easements insured, if any, shown in 5cheduh A, and to the lolio*lnp tnattefs which an additional exceptiom from the cnwrapa of this Policy: 1. Resvictin o)venients alf Ming the fafsd dmlbeti or ralered to above. 2. Any discrepancies, conflicts, or shatapes In wee or bo ndwy fuser, a any encroaats"rits, or any over. lapping of Irwoverrents. 3. Ail taxes for the yaw 19 61) and %kwq wet Vials. 4. TM following lien(s) and 111 terms, provisions end txulditiom of " Irotrwnentls) creating or evidencing uid IlMi NONE OF RECORD. 5. Rights of parties in polossesion. 6. Easement dated April 5, 1949 executed by N. C. Sheppard to City of Denton, recorded in Vol. 3520 page 628, Deed Records, Denton County, Texas. Lttt~ 70, Eaeestents reserved in deed dated April 4, 1949 from the City of lenton, ~ Texas to M, C. Shoppaid recorded in Vol. 353, page 394, Deed Records, Denton ` ,Xuntya Texas. 8. Any part lying within s streat. 9. Any visible and apparent roadway or easement over or across the subject pr%,perty, the existence of vhich does not appear of record. Coununlgned• ' JAG08 j TRACT OOMPANY, INC t f3'1'I:"VAltrl"1'Ir TjF4 0111111111i COMPAPT /lr AutnattrlGeuntanl9natun e11a1! i '1 55 _-9 [ r' 7' x t M` i rr y l r HM a V A '1 Jy fgUZia M.`+,y~aJ'~ti#+C`r aJ ~~a}F Y CL ~1 Y'~4r 2~i '7 wdt~~. 5i9i~,C,r °S Y~rj w t 1 ~.J b y,y `S < f i ~ ~ y'. f Jl1✓ r~ yS:'y{ Tyt 4rJ~' 1 1.: . '1 y y y y ' ' ri~ Y+.r 'F'~0 ~aa ti : •F [~+•5 ~ } ~ ' nI ~ r 4rF' w q„~'~yy~C ,'r .I r i ~Y ♦ 1 YF~\Sl ~+`.{.M~ 1'n N~l aA~ {l~ ~ ~..A ♦ ~ LA 75Y rY R E S O L U T I O N WHEREAS, the City of Denton has notified all th,~ banking institutions within the City of its intent «to receive bid applications for the custody of City funds for a term beginning on October 1, 1979, and ending on September 30, 1981; and WHEREAS, the City of Denton has received bid proposals from banking institutions within the City desiring to be designated as a depository of City funds; and WHEREAS, the said bid proposals were opeAed on the 18th day of September, 1979, and examined by the City Council; and ' WHEREAS, after such opening the City Council found on the basis of the bid proposals that First State Bank of Denton, Texas had submitted the proposal offering the most favorable { terms and conditions to the City for the handling of such funds; s and WHEREAS, the Resolution passed by the City Council on j, September 18, 1979 designating the First State Bank of Denton as the depository of City funds incorrectly recited the termination date to be September 30, 1980; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: t SECTION I. The Depository Resolution passed and approved by the City Council on the 18th day of September, 1979 designating The First State Bank of Denton as depository of City funds is hereby amended so that the first subparagraph 1 shall hereafter read as follows: 1. That The First State Bank of Denton, Texas is hereby selected and designated as the depository for City funds for a term beginning on October 1, 1979 and ending on September 30, 1981. SECTION It. That this Resolution shall become effective immediately upon its passage and approval. 7l PASSED AND APPROVED this the~SJdjy- of 1980. -NASHO MATO CITY OF DENTON, TEXAS ATTEST' 1 I--- 1'4~ 'f DROOKS i CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C, J, TAYLOR JR. CITY ATTORNEY CITY OF DENTbN. AXAS c BY., . ~ w v0 J , t 1 W \ YL ~ d ~ ) r Qlrlrll Y A 1 Y ~ A i Y St,, 1 1 r, lr ; ~ f {t._ ~ r i Y' S ' w~ . ~ ` ~rc , ~ - r. C l~ I r 1 t ti ¢ > f' ~ b. ~ ~ § jii'.~~~A}.p~i?;f Y_~~aF~~''~'~ ~ r~ ° ~I , r r 'a ~ ~ 'g ~I~ a ~ NO. o - S AN ORDINANCE AMENDING ORDINANCE NO. 80-20 PASSED AND APPROVED BY THE CITY COUNCIL REGULATING ROOFING MATERIAL AND PROHIBITING WOOD SHINGLES BY AMENDING SECTION II TO PROVIDE FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. Section II of Ordinance No. 80-20 passed and approved by I the City Council on the 4th day of March, 1980 is hereby amended so the same shall hereafter read as follows: "Section II. This ordinance shall become effective on the /311- day of 1980." PASSED AND APPROVED this the eK day of lrlc-tle , 1980. A CITY OF DENTON, TEXAS ATTEST: BROWS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: -YL /1 • 1. 5 15 ~ I ~F o 00 u o 0 1. l . I r ~ ~YY I y r ~ 1 r • `1 JM !tir yr: .~~~r• r ~IM1. ~ ~~I6' ~~7 . r. r fyr t+~ ! ~tyfJ o r r', E1°y il'~;«~, • I 1 ' ' NO. pd AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REMOVING PARKING ON CERTAIN PORTIONS OF PONDER AND LINDEN STREETS BETWEEN THE HOURS OF 8:00 A.M. AND 4:00 P.M., MONDAY ';11ROUGH FRIDAY: PROVIDING FOR AUIHORIY1' TO 10W-AWAY AND IMPOUND VEHICLES PARKING ON THOSE CERTAIN PORTIONS OF PONDER AND LINDEN STREETS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES OR PA%TS THEREOF; PROVIDING PENALTIES; PROVIDING FOR PUBLICATION AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council after careful consideration of the matter and upon the recommendation of the Traffic Safety Commission of the City of Denton, finds It necessary and justified to remove parking on those certain portions of Ponder and Linden Streets more fully described below between the hours of 8:00 A.M. AND 4:U0 P.M., Monday through Friday in order to insure the safety ar:d welfare of motorists and pedestrians regularly using the said streets for travel; now, therefore, THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION 1. (a) That both the east and -rest sides of Ponder Street from its intersection with Broadway Street to its intersection with the Denton Public High School fire lane/entry way shall not be used for t.-,e parking of vehicles or In any other manner be obstructed between the hours of 8:00 A.M. and 4:00 P.M. on Monday through Friday, and the same shall be so posted with signs or markings or both by the proper authorities of the City of Denton, Texas. w (b) That both the north and south sides of Linden Street from its intersection with Ponder Street to its Intersection with Fulton Street shall not be used for the parking of vehicles or in any other manner be obstructed between the hours of 8:00 A.M. and 4:00 P.M. on Monday through Friday, and the same shall be so posted with signs or morkin;;s or both by the proper authorities of the City of Denton, Texas. SECTION II. That in the event any vehicle, except an authorised emergency vehicle or polic-i or fire vehicle, shall be found parked in or upon the certain portio.s of Ponder and Lindeyt i Streets so described in Section I of this ordinance, the same shall be removed or caused to be removed by any police officer and taken to some place designated or maintained by the police department of the City of Denton for such purpose and kept until application for redomption is made by tho owner or pis authorized agent or other person legally entitled to possession of such vehicle pursuant to the provisions of Section 24-131 of the Denton Code of Ordinances, as amended. SECTION III. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is hold invalid bty 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 IV. That all ordinances or parts of ordinances in force when the provisions of this ordinance become effective which are tncon- sistent or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. SECTION V. That is Is hereby declared to be unlawful for any person to park any vehicle except an authorized emergency vehicle or police or fire vehicle on any portion of the above described streets as is posted or marked by the proper authorities of the City of Denton, and that Section 1-S of the Denton Code of Ordinances, as amended, is incorporated Into this ordinance as if set out in full herein, and the penalty by fine not to exceed Two Hundred Dollars (=200.00) is applicable hereto for each separate offense. 3`'~3 SECTION VI. That this ordinance shall become effective fourteen (14) days from the date of its Passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record- Chronlcla, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this thei day of 1980. MAYOR CITY OF DENTON, TEXAS ATTEST, A~r °RETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON$ TEXAS BY: j .1 , tF .l i . y ~s i 4 NO. iD AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-10 4S SAID MAP APPLIAS TO THE 9ELOW LISTED r-ROPERTY 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: 1. All the hereinafter described property is hereby removed from the Agricultural "A" District as shown on said Zoning Map, anti all provisions of Ordinance No. 69-1, adopted the 14th day of January, 1'969, as amended, shall hereafter apply to said property as General Retail "GR" District in the same manner as other property located in the General Retail "GR" District and more particularly described as follows; All that certain 13.636 acre tract, or parcel of land situated in the John McGowan Survey, Abstract No. 797, City and County of Denton, Texas; said tract being part of tract described in deed to J. Burns as recorded in Volume 497, Page 107 and Volume 455, Page 647 of the Deed Records of Denton County, Texas; said tract being further described herein by metes and bounds as follows: BEGINNING for the northwest corner of the tract being described herein, at the northwest corner of said tract to J. Burns as recorded in Volume 497, Page 107 of the Deed Records of Denton County, Texas; THENCE the following calls along the southwestern line of Interstate Highway No. 3SE: south 530 1S' cast 446.1 feet; south 460 S8' east 479.1 feet; south 460 48' cast 377.0 feet to east line of McGowan Survey; THENCE southerly ISO feet, more or less, to the northeast corner tract described in deed to F. C. McNeill as recorded in Volume 477, Page 604 of said Deed Records of Denton County, Texas; THENCE south 880 40' 50" west 969.5 feet to a point; THENCE north 20 08' 40" west 444.2 feet to the southeast corner of tract described In deed to John Porter as recorded in Volume 5380 Page S38 of the Deed Records of Denton County, Texas; THENCE north 00 09' west 580.3 feet to the place of beginning. 2, All the hereinafter described property is hereby removed from the Agricultural "A" District as shown on said Zonin?, Map, and all provisions of Ordinance No. 69.1 adopted the th day of January, 1969, as amended, shall hereafter apply to said property as Two-Family 1124" District in the same manner as other property located In the Two-Family 112-F" District and more particularly described as follows; Z•1435 - GEORGE HOPKINS - PAGE ONE All that certain 4.617 acre tract, or parcel of land situated in the John McGowan Survey, A,)stract No. 797, City and County of Denton, Texas; said tract being further described herein by metes and bounds as follows; BlGIN?;I?:G for t`ia northeast corner of the tract being described herein, at the southeast corner of a tract described in deed to John Porter as recorded in Volume 538, Page S38 of the Deed Records of Denton County, Texas; THENCE south 20 08' 40" east 444.2 feet to a point in the south line of tract described in Volume 45S, Page 647 of said Deed Records of Denton County, Texas; THENCE south 110 23' 50" west 320.9 feet to a point; THENC? westerly 264.59 feet with arc of curve to right whose radius is S90 fe(A , chord bearing north 780 28' 20" west 262.38 feet; THENCE northerly 371.40 feet with curve to left whose radius is 1614.16 feet, chord bearing north 60 23' 13" east 370.58 feet; THENCE north 00 12' 20" west 336.2 feet to a point in the south line of said tract shown by deed recorded in Volume S38, Page S38 of Deed Records of Denton County, Texas; THENCE north 890 39' 30" east 263.9 feet to the place of beginning. 3. AlI the hereinafter described property is hereby removed from the Agricultural "A" District as shown on said Zoning Map, anti all provisions of Ordinance No. 69-1 adopted the 14th day of January, 19690 as amended, shall 6reafter apply to said property as Two-Family "2-F" District in the same y manner as other property located 17 the Two-Family "2-F" District and more particularly described as follows; All that certain 7.232 acre tract, or parcel of land situated in the John McGowan Survey, Abstract No. 797, City and County of Denton, Texas; said tract being part of tract described in deed recorded in Volume 477, Page 604 showing F. C. McNeill as ggrantee; said tract being further described heroin by metes and bounds as follows; BEGINNING for the southeast corner of the tract boing described herein, at the :southeast corner of said McNeill tract In the called east line of the said McGowan Survey; THENCE south 880 40' 50" west 1043.2 feet slong said south line to a point; THENCE north 110 23' 50" east 320.9 feet to a point in the north line of said McNeill tract., THENCE north 880 40' 50" east 969.5 feet to the northeast corner of said McNeill tract; THENCE south 10 S2' 10" east 313.1 feet to the place of beginning. 4. All the hereinafter described proporty is hereby removed from the Agricultural "A" District as shown on said Zoning Map, and all provisions of Ordinance tio, 69.1 adoppted the 14th day of January, 1969, as amended, shall SON after apply to said property as Single Family "SF-10" District in the some spanner as other property located in the Single Family "SP-10" District and more particularly described as follows; Z-143S - GEORGE HOPKINS - PAGE TWO All that certain 36.499 acre tract, or parcel of land situated in the John McGowan Survey, Abstract No. 797, City and County of Denton, Texas; said tract being further described herein by metes and bounds as follows: BEGINNING for the northeast corner of the tract being described herein, at the southeast corner of tract described in deed to F. C. McNeill as recorded in Volume 477, Page 604 of the Deed Records of Denton County, Texas; THENCE south 20 30' 301' east 1027.2 feet to the northeast corner of tract described in deed to Harold Harmon as recorded in Volume 467, Page 143 of the Decd Records of Denton County, Texas; THENCE south 880 40' 15" west 1782.4 feet to a point; THENCE north 220 42' 50" east 800.3 feet to a point; THENCE north 2S0 13' 20" east 3S.8 feet to the beginning of a curve to the left whose radius is 1614.16 feet; THENCE northerly 344.92 feet with arc of said curve through a central angle of 1?0 14' 3.i" to a point; chord b=aring north 190 051 59" east 344.26 feet; THENCE southeasterly 264.59 feet with arc of curve to left whose radius is 590.0 feet, chord bearing south 780 28' 19" east 262.38 feet; THENCE nort-, 880 40' 50" cast 1043.2 feet to the place of beginning; S. All the hereinafter described property is hereby removed from the Agricultural "A" District as shown un said Zoning Map, and all provision: of Ordinance No. 69-1 adopted the 14th day of January, 1969, as amended, shall 6reafter apply to said property as Single Family "SF-16" District in the same manner as other property located in the Single Family "SF-lb" District an: more particularly described as follows; All that certain 22.302 acre tract, or parcel of land situated in the John McGowan Survey, Abstract No. 797, City and County of Denton, Texas; said tract being further described herein by metes and bounds as follows: BEGINNING at the southwest corner of Lot 22, Block 49 Southridge, in the northeast line of Southridge Drive; THENCE the following calls along said Block 4: north 510 S0' 20" east 13S.0 feet; north 380 S8' 30" Bast 227.2 feet; north 150 42' 20" east 90.9 feet; north 27 16' 50" east 313.1 feet; north 890 22' east 302.9 feet to the cast corner of Lot 12, Block 40 Southridge; THENCE south 10 08' 40" cast 445.1 feet to a point for a corner; THENCE north 890 47' 40" east 386.1 feet to center of proposed Ridgeway Drive; THENU the following calls with said proposed Ridgeway Drive: south 00 121 20" east 336.2 foot; southerly 716.32 feet with arc of curve to right whose radius is 1614.16 feet; south 2S0 13, 20" west 3508 feet to a point of curvalinear extension of aforementioned Southridge Drive; THENCE northwesterly 432,9 feet with arc of curve to right whose radius is 76S.43 feet through a central angle of 320 24' 20"; 4 Z-143S - GEORGE HOPKINS - FAGS THREE THENCE north 430 25' west 486.7 feet to the beginning of a curve to the right whose radius is 514.43 feet; THENCE northwesterly 47.19 feet with arc of curve through a central angle of 50 15, 201t; THENCE north 380 09' 40" west 345.2 feet to the place of beginning. SECTION 11. That the City Council or 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 hold by the Planning and Zoning Commission snd the City Council of the City of Denton, Texas, after giving due notice thereof, PASSED AND APPROVED this the, day of A. D. 1980. - CITY OF DENTON, TEXAS ATaZ4 l CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS &/I ~~N g4~L r T- 2-143S - GEORGE HOPKINS - PAGE FOUR 8~' ~I 1 . ~ ~ 't' ~ • ~ ~ f ' ` r w Y i K ~ ~ :~I~ Y+G V` ~ ~ i I ~ ~ 1.. s a. } . ~if ~ ~ , ~ ;9.~~ ~a Vie. [ f, g ..t wI A A ~v~~~~ ~ ~~1~ ~ ~~.u r 4, jai ~ ~4. i ~ ~ i,. ni RESOLUTION AUTHORIZING TIIE MAYOR TO EXECUTE FOR AND ON BEHALF OF THE CITY OF DENTON ONE ELECTRICAL POWER LINE CROSSING PREEMP"T W:TII THE NI:SSOURI PACI:'iC RAILROAD C01;:ANY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. The Mayor is hereby authorized to execute on behalf of the City of Denton, Texas one electrical power line crossing agreement designated as a wire line located at Mile Post 212.40, a copy being attached hereto and made a part hereof for all purposes. PASSED AND APPROVED this the,~y ay of /[e '`1 ZI , A. D. 1980. CITY OFF{ DENTON, TEXAS e ATTEST: OKS r Lun n7l y CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS - BY., .SSW 119-1899-4 Form 20014 8%76 R WIRE VNE LICENSE THIS AGREEMENT, executed in duplicate s this 29th day of February 19 80, by and between Missouri Pacific Railroad Company a Delaware corporations hereinafter called "Carrier", to be addressed at 210 North 13th Street, St, Louis, Missouri 63103, and City of Denton s a Municipal corporation zkoLbmCgbtsU hereinafter called "Licensee", to be addressed at Municipal Building, Denton, Texas 76201 , WITNESSETH: NOW, THEREFORE, in consideration of the premises and of the covenants and agreements hereinafter contained, it is agreed: 16 Carrier hereby grants, but on solety the herein expressed terms and conditions, and Licensee hereby accepts, permission to install, keep, and use the Licensee's own one certain (number) prodposed aerial 13.2 kV power (proposed or existing) (aerial or underground) (designation) (power or telephone) line and, also, every additional wire hereafter included therewith, and appurtenances, 4aelw4ing-------------------------------- herein called "Wire Line" on the Carrier's property, herein called "Premiseri'. Wire Line shall intersect carrier's track iX at Mile Post 212.40, (track or right of stay) Engineer'& Chainage Station 11214}40, ~ ,Denton County, Texas, , at AX Denton . Approximate location of Wire Line is indi- cated by heavy black line on Exhibit A attached hereto as part hereof. The license and permission herein granted (a) are limited to such title and .rights as the Carrier Qay have in the premises concerned, and the Licensee shall secure such permission as may be necessary on account of any other existing rights in any third party (including, without limitation, rights of tenants, subtenants licensees, and others 'occupying or,nsing the Premises concerned with Carrier's permission$ and (b) are granted without any warranty, express or implied. Licensee hereby agrees to exercise the herein granted rights in such a manner as not to interfere in any way with any existing prior rights. Licensee hereby agrees that no damages shall be recoverable from Carrier because ' of any dispossession of Licensee or because of any failure of, defect in, or extinction of Carrier's title. 2. Licensee shall furnish or do at Licensee's own cost and responsibility any and all things and when and as from time to time required to accomplish whatsoever the Licensee attempts or is bound to do at any time hereunaera Licensee shall adjust Wire Line to any Aphysical change.as made at any time in any of Carrier's property; at all times keeping lowest conductor of Wire Line, if aerials the applicable statutory clearance above the to; of 'Vail, or the minimum clearance above the top of rail prescribed by the then present Na'tio9a1 Blectileal Safety Code for the type of construction, support spacing, and voltage 6f VAre Line, whichever is greater, with the conductors operating at the maximum temper- Mid' permitted by the Licensee; and all guy or messenger or communication wires are to be et least 28 IU feet above the top of rail, if underground, Wire Line shall be i'east four and one-half feet below t*a bottom of rail thereover, and at lease three feet beneath surface of ground beyond ballast section. Licenser shall cause 80164 Form 20014 8/76 Wire Lin- to conform to the requirements of the then present National Electrical Safety Code of the Bureau of Standards, Department of Commerce, United States of America, except as otherwise hereinabove provided, and where underground Wire Line carries voltage in excess of 220 volts Licensee shall place suitable signs on surface of Carrier's property to indicate location and voltage of said Wire Line, Said things, including the time and manner of doing any work, each shall conform to the requirements of Carrier as well as of any State, Federal or Municipal authority. Carrier may, acting for Licensee, furnish or d3,`, and Licensee shall pay and bear the cost of, anything which, herein required of Licensee at any time, either shall not be furnished or done within ten days following Carrier's written . request therefor or shall be undertaken by Carrier at Licensee's request. Without limiting the generality of any of the foregoing, Licensee authorizes Carrier, at the cost and on behalf of Licensee, to furnish and provide such protective services, devices and structures, as Carrier may deem necessary, in order to promote the safety of Carrier's operations, employees and property during or incident to the installation of !Dire Line. Licensee on request shall, in advance, deposit with Carrier the estimated cost of any of the foregoing. If deposit be less than actual cost, Licensee shall pay difference; if more, Carrier shall repay difference. Licensee when returning this license (signed) shall pay to Carrier the fee of Three Hundred Dollars for the license granted herpln. Any other payment shall be made within twenty days following receipt of bill; Licensee shall pay cost to Carriet for all labor, including,wages of foremen, cost bf material f.o.b. Carrier's rails plus freight at tariff rates to point of use, plus taxes and usual railroad additives. No pro- visions of this paragraph,-nor approval by Carrier' of any or Licensee's undertakings, shall relieve Licensee of any responsibility or liability. 3. Licensee agrees to (a) indemnify and save harmless the Carrier from and against all claims, suits, damages, costs (including attorneys' fees), losses and expenses in any manner resulting from or arising out of or in connection with the installation, maintenances renewal, repair, use, existence or removal of Wire Line, and (b) assume all risk of loss or damage to Wire Line regardless of how caused and regardless of any negligence on the part of Carrier, or otherwise. 4. If the operation or maintenance of Wire Line shall at any time cause interference, 'including but not limited to physical interference, from electromagnetic induction, elec- trostatic induction, or from stray or other currents, with the facilities of Carrier or of any lessee or licensee, or in any manner interferes with the operation, rmaintenarre or use by Carrier of its right of way, tracks, structures, pole lines, signal and cormu,,.cation lines, radio or other equipment, devices, other property or appurtenances thereto, Licensee agrees immediately to make such changes in its own lines and furnish such protective devices to Carrier and its lessees or licensees as shall be necessary in the judgment of Carrier's representative to eliminate such Interference. The cost of such protective equipment and its installation shall be borne solely by the Licensee. In the event that the methods above set forth fall to eliminate such interference, and it is deEmed necessary by the proper officer of Carries having Surisdicti6n therein that any or all facilities of Carrier or of any lessee or licensee thereof shall be re- located, reconstructed cr otherwise changed, the entire cost of such changes shall be borne by the Licensee. The current due to electrostatic effects shall not exceed 5.0 milliamperes, rms, 1 41 if any automobile carrier or other railroad car under Wire Line is short circuited to 2 - Form 20014 8/76 ground, In the event it is determined that such current, at any time, exceeds 5,0 milli- Amperes, rms, Carrier shall have the riphr to require such•lnst:llatiP• 0-r modification as may be necessary to reduce the current to 5.0 milliamperes, rms, or less, and the entire cost of the installation or modification shall be borne by the Licensee. If, in Carrier's opinion, changes in its property make it impractical or unsafe to continue the Wire Line on Carrier's property, Carrier shall have the right to terminate this agreement on written notice to Licensee, • 5. Term hereof shall begin with the date first hereinabove written, and continue thereafter until concluded (19t) by expiration of thirty days, following sorving, by Licensee on Carrier, or vice versa, of written notice of intention to end term hereof or (2nd), at Carrier's election without further notice, by expiration of six months without the wire Line having been installed or by Licensee failing to cure any default within thirty days following written request therefor. Any notice of Carrier shall be deemed served when posted conspicuously on Wire Line or when deposited, postage prepaid, in U. S. Mail addressed as aforesaid. Not later than last day of term hereof Licensee shall remove Wire Line and restore Premises. Any of Wire Line not so removed shall at Carrier's election without notice be deemed abandoned. Covenants herein shall inure to or bind each party's heirs, legal representatives, successors and assigns; pro- videda no right of Licensee shall be transferred or assigned, either voluntarily or involuntarily, except by express agreement acceptable to Carrier. Carrier or Licensee may waive any default at any 'ime of the other without affecting, or impairing any right arising from, any subsequent default. IN WITNESS WHEREOF, the parties hereto have duly executed this agreement as of the day and year first hereinabove written. WITNESSES, 1II650llRI FAC1710 RAMMAD COIFAM ~ A r } Oawr►1 ll+rurger ATTESTr j1 CM (V I Secretary (Affix Seal) VITNESSES: or IG4 -3~ 1 D 1•~• Ca / 4 'E'16' \ Ic c!) le I u x L; i ~ V+ h c~ jv (I. c, co 7a ~CS1121~1~~40 ~,c,~' °f• x 51, lOie Il i I1S R.C. lba ~VO~ FA 04 o U - yi RI No, o ` \ r, A 910 v \CL G a 80161% "EXHIBIT All MISSOURI PACIFIC RAlLR AD COitiiPARY- 0~` +~e l CX AS DISTRICT. A= RIVER DIVISION C:~ y o4 o,i OFlxz or D15TfsIGT cfrcfTlSc_R_- POV31;1N, TCYI%41 SCALE CFIf.Iit,f'J.lI t LrA E~k-41 .11Z~j FILL f10. a . . ~06 I - ♦ t w ' 111141 I w~.-/~ lrS C' I t RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE FOR AND ON BEHALF OF THE CITY OF DENTON THREE ELECTRICAL POWER LINE CROSSIN3 AGREEMENTS WITH THE ATCHISON? TOPEKA AND SANTA FE RAILWAY COMPANY. BE IT RESULVED aY JCAE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. The Mayor is hereby authorized to execute on behalf of the City of Denton, Texas three electrical power line crossing agreements desigriated as X34548 X3455 and X3460, a copy of each being attached hereto and made a part hereof for all purposes. !~A PASSED AND APPROVED this the , 2.~ day of A. D. 1980. B L ANASH* JAY CITY OF DENTON, TEXAS ATTEST: e I S OLT, C TY SECRETARY TY OF DENTON: TEXAS APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR. , CI'T'Y ATTORNEY ~ CITY OF DENTON, TEXAS 8Y: 4, FF- 9- T- NO. of'D - AN ORDINANCE CREATING A NEW SECTION 24-131.2 OF CHAPTER 24, ARTICLE V. OF THE CITY OF DENTON CODE OF ORDINANCES, AS AMENDED, ENTITLED "A SYSTEM FOR POLICE INITIATED TOWING SERVICES"; PRO- VIDIA'w :JEFINITIGiiS, PROVIDING FOR A POLICE ROTATION LIST PRIVILEGE PERMIT; PROVIDING STANDARDS FOR THE ISSUANCE OF SUCH PERMIT; PROVIDING FOR THE SUSPENSION OR REVOCATION OF SAID PERMIT; PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALER CLAUSE AND DECLARING AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: PART I. That the Code of, Ordinances, as amended, of the City of Denton, Texas is he-,-aby amended by creating a new Section 24-111.2 of Chapter 24, Article V, to be entitled "A System for Police Initiated Towing Services" said section to read as follows: SECTION 1. DEtINITIONS For the purposes of this section, the following terms, phases, words and their derivations shall have the meaning given herein: (a) "City" means the City of Denton, Texas; (b) "Day Towing" means towing service between the hours of 7:00 A.M. and 6:00 P.M. on Monday Tuesday, Wednesday, Thursday and Friday whicA is not an official State or Federal holiday; (c) "Hook-up" means the application and first connection of a chain hook from the two service truck to the towed motor vehicle; (d) "Night, Weekend and Holiday Towing" means towing service at all times other than "day towing"; (e) "Person" means Any individual, firm, partner- ship, association, corporation, company or organization of 'any kind; (f) "Tow Service" means a person en aged in the business of a wrecker or towing service, whereby motor vehicles are towed or otherwise removed at the direction of officers of the City Police Department by the use of a wrecker or motor vehicle 4.esigned for that purpose; (g) 'Wrecked Motor Vehicle" means a motor vehicle not capable of or safe for self-propulsion. SECTION II. POLICE ROTATION LIST The Chief of Police is hereby authorized to establish a rotation list of tow services desiring to 'provide towing servicos upon -egvost of policu 'ficers. The" tow services which desire to be placed upon and remain on a rotation list shall comply with the requirements of this Article and with all other rules and regulations which may be issued by the Chief of Police regarding towing services requested by personnel of the Police Department. SECTION III. SELECTION OF TOW SERVICES DURING POLICE INVESTIGATIONS In all police initiated towing of vehicles, the operator of the vehicle, if present and not incapacitated, shall havetthe right to select a tow service of his choice to perform the service. If the operator of the vehicle to be towed is not present or is incapacitated or has no preference as to any towing service, the police officer ordering the tow shall request that the towing service be performed by the tow service then first on the rotation list maintained in the Police Communications Center. When emergency circumstances exist which require the Immediate removal of a vehicle from the roadway, the police officer may request towing service from tht, tow service nearest to the scene of the emergency. A police officer may also request towing service from any company operating large cranes or other heavy equipment if some is necessary to remove traffic obstructions involving largo trucks or heavy equipment. SECTION IV. PERMIT REQUIRED • No tow service shall engage In the business of towing vehicles at the direction of a city police officer without first obtaining a Police Rotation List Privilege Permit from tl-.e City of Denton. The annual permit fee shall b be Twenty-five ($25.00) Dollars. PAGE 2 of SECTION V. APPLICATION FOR PERMIT Application for a Police Rotation List Privilege Permit shall be notarized and shall be made on forms prepared and made available by the Police Department. The application shall contain the following information: (a) The name, home address and business address of each owner, part owner or partner, silent or active; (b) The business address, telephone number, night telephone number, and the location of and telephone number of any storage area; (c) A description of the size and capacity of all tow trucks used by the tow service; (d) AA copy utomobile oLiabilitty certificate Policy rinsuring the tow service owner and all his employees for liability for death, bodilyy injury or property damage to third parties in the amount of not less than Fifty Thousand Dollars ($50,000) for any one person and One Hundred Thousand Dollars ($100,000) for one incident and Twenty-Five Thousand Dollars ($25,000) for property damage. (e) The application shall be signed by each owner, part owner or partner, active or silent. SECTION VI. INSURANCE REQUIRED The insurance enumerated in the preceding section shall be required for all tow services and must be kept in effect during the period for which the permit is Issued. Cancellation of said insurance without replacement shall result In the cancel- lation of any permit issued hereunder and removal from the list of tow services. SECTION VI1. INVESTIGATION BY CHIEF OF POLICE Within five (5) business days after receipt of each appli- cation, the Chief of Police or his representative shall cause an investigation to be made of the applicant and of his operation. Such Investigation shall be made for the purpose of verifying the information in the application and to assure compliance with the provisions of this Article. The Investi- gation shall include the following items; PAGE 3 8ada (a) That all applicants, owners and partners are fit and proper persons to conduct or work in the proposed business and have never been convicted of any theft, felony assault or any other crime involving the taking, use, tamper- ing with or conversion of a motor vehicle. (b) ThaL Vie tc% service will use only iuw tru,.ks equipped with adequate emergency lights which shall be operating during any tow; (c) That the tow service will respond to each call for towing services by the Police Department. (d) That the requirements of all governing laws and ordinances vill be met. SECTION VIII. ISSUANCE OF PERMIT The Police Department shall issue a permit and add a tow service to the rotation list when: (a) the police investigation confirms the require- ments of the preceding section; (b) the insurance policies as required by this Article have been produced; and (c) the permit fee has been paid. SECTION IX. DUTIES OF POLICE ROTATION LIST TON SERVICSS (a) Tow services shall -air.:ain towing equipment which is adequate to perform such towing service in a reasonably workmanlike manner and proper equipment to tow vehicles iit such a manner as to minimize any damage to towed vehicles, as well as appropriate equipment to • proporly remove any glass or other injurious substance off the roadway resulting from the vehicle being towed or accident in which the vehicle was involved. (b) That the tow service will provide twenty-four (24) hour a day, seven (7) day a week, on-call service; (c) That the tow service will arrive at the location of the vehicle to be towed within twenty (20) minutes after receiving a request for day towing and within a reasonable time after receiving a request for night, weekend and holiday towing from the Pr,lice Department which time shall not exceed thirty (30) minutes; (d) The following fees are hereby established as the maximum which may be charged for the indicated service: (1) Day towing of automobiles, vans pick-up trucks, motorcycles: :25.06 (2) night, weekend, avid holiday towing of automobiles, vans, motorcycles and pick--ap trucks: $30.00; PAGE 4 e : (3) Responding to tow request by Police Department where no hook-up is made, no charge and that tow service will be returned to first place on the list, (4) use of dolly in towing wrecked motor vehickes: .010.00 plus towing charge; (5) Tow involving extraordinary labor and expenses; the above maximums may be exceeded if unusual and extraordinary circumstances occur at the scene of an emergency; (6) All towing and storage charges shall be waived when requested by the Police Department in unusual circumstances, including, but not limited to, instances in which a prisoner is released without charges being filed. (e) No tow service shall arrive at the scene of a police investigation as a result of monitoring or intercepting police calls by radio or other device. (f) Any tow service operating under this Article must keep and maintain for one (1) year from the date of towing the following records: (1) The make and model of the vehicle; (2) The license number of the vehicle; (3) The date of the tow. (g) The person operating any tow service shall make every reasonable effort to minimize damage to towed vehicles. Where appropriate, such reasonable effort shall include, but is not limited to: (1) use of a dolly or carriage for towing; (2) disconnection of the drive shaft; (3) release of brakes; (4) towing at a reasonable speed, (h) No towed vehicle may be dismantled, have parts removed or tires deflated except as necessary for towing. (i) The bill for towing of any motor vehicle shall be itemized to reflect services performed, labor or either materials required and any other charges. SECTION X. EXCLUSIONS This Article shall not apply to wrecker services which are not listed on the police rotation list. PAGE 5 do•a~ SECTION XI. REVOCATION OR SUSPENSION OF PERMIT The Chief of Police shall revoke or suspend a police rotation list privilege permit issued hereunder when he finds any of th:; follcaing to La true: (a) The permit was procured by fraudulent conduct or false statement of a material fact or that any fact concerning the applicant was not disclosed at the time of application and such fact would have constituted just cause for refusal to issue said permit; (b) The permitee illegally solicited tow or repair services at a police investigation; (c) The permitee has exceeded the fee schedule; (d) The permitee has violated any of the requirements of this Article or any of the rules and regulations as established by the Police Department or the City Council. SECTION XII. PERIOD OF SUSPENSION OR REVOCATION i The period of suspension or revocation shall be: (a) For the first violation, not more than thirty (30) days; (b) For the second violation, not more than ninety (90) days; .0 (c) For the third or si+bsequent vioation, such period of suspension as the Chief of Police may determine, incluSing permanent revocation. SECTION XIII. RENEWAL The police rotation list privilege permit shall be valid for one (1) year from the date of issuance. Each application for renewal shall contain adequate assurances that the applicant continues to comply with all standards, rules and regulations prescribed by this Article and all other standards, rules and regulations issued hereunder. Such renewals shall be on a form furnished by the Police Department and shall contain the names of any new owners, part owners or partners and the names of any new employees. SECTION XIV. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to viy person or circumstances is held invalid by any rAGE 6 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 hzve enacted such remaining portions despite any such invalidity. SECTION XV. That all ordinances or parts of ordinances in force when the provisions of this ordinance become effective which are inconsistent or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. PASSED AND APPROVED this the„,'-J`Jday of .-e 1980. BILL OR CITY OF DENTON, TEXAS ATTEST ROOKS IIOLT~ 4"o 9 CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: e-In'X ~z C/ A PAGE 7 { k r f~ h i..t.M1b-At.~rrtlYlY+L"Mtwhw_•: ~ •w c 1 ~ 1 1 1 A f r ~ ~ NO. LO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING A RIGHT TURN ON RED FOR NORTuBOUNn TR".FFIC , 0!I . DELL AVE*!UR AT TTS INTERSECTION WITH SHERMAN DRIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES OR PARTS THEREOF; PROVIDING PENALTIES; PROVIDING FOR PUBLICATION AND DECLARING AN EFFECTIVE DATE. WHEREAS, in the interest of safety for the vehicular and pedestrian traffic in the City of Denton it is desirable to prohibit a right turn on red for northbound traffic on Bell Avenue at its intersection with Sherman Drive. THE COUNCIL OF THE CITY OF DENTON HF.RF,BY ORDAINS: SECTION I. That right turns on a steady red signal shall he prohibited at the intersection of Bell Avenue and Sherman Drive for northbound traffic on Bell Aver{ue, and notice of the same shall be posted by the proper authorities of the City of Denton. SECTION Il. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordnance, or application thereof to any person or circumstances is leld invalid by any court of competent jurisdiction, such hold.rig shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texts, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 111. That all ordinances or parts of ordinances in force when the provisions of this ordinance become effective which are incon- sistent or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. 4 ` SECTION IV. That is is hereby declared to be unlawful for any person to turn right on red as is posted or marked by the proper auth- orities o.° the City of Denton, and that Section I-S of the Denton Code of ordinances, as amended, is incorporated Into this ordinance as if set out in full herein, and the penalty by fine not to exceed Two Hundred Dollars ($100.00) is applicable hereto for each separate offense. SECTION V. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the laity Secretary is hereby directed to cause the caption of this ordinance to he published twice in the Denton Record- Chroniclo, the official newspaper of the City of Denton, Texas, within ten {10) days of the date of its passage. PASSED AND APPROVED this the , ✓ day of 1980. AY CITY OF DENTON, TEXAS ATTEST* 00, BROOKS HULTI CITY SECRETARY CITY OF DbNTON, TEXAS APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: 3' -All ! ~ y r ~ ~v0 ~ ~ ~ f p ~ ~ . f ti a , ~ , l ` ~ _ ~w FAY ~ .~~A wy, ,~,~f i t , AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY. R E S O L U T I O N WHEREAS, the City of Denton finds it necessary to purchase a certain tract of land located in the City of Denton, Texas, and more fully described below; and WHEREAS, the City Council of the City of Denton is of the opinion that the best interest and welfare of the public will be served by the purchase of the parcel of real estate described below; and WHEREAS, the City of Denton :nd owner of said parcel, Texas Power $ Light Company, agree that a consideration of $5,191.83 is a fair and agreed value of such described property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: 1. The City Attorney is hereby authorized to prepare whatever legal rccuments are necessary to complete the transfer of property so described below from the owner thereof to the City of Denton: 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 S. C. Hiram Survey, Abstract No. 616, and also being part of a tract of land as conveyed from J. B. Duncan and Clara. May Duncan to Texas Power and Light Company by deed dated July 18, 1924, an recorded in Volume 193, Page 336 of the Deed Records of Denton County, Texas and more particularly described as follows: BEGINNING' in the north boundary line of said tract said point of beginning lying in the east right of way line of Duncan Street and also being the southwest corner of a tract of land as conveyed by Morty Freedman, of al to Addison Lee Phlugor, Trustee by deed dated November 19, 1974, and recorded In Volume 727, Page 366 of the Deed Records of Denton County, Texas; THENCE south 850 44' 20" east with the north hn~.ndary line of said Texas Power and Light Company tract, same being the south boundary line of Lot 1, Block A of the Shady Oaks Industrial Park a distance of 40 feet to a point for a corner; THENCE south 470 21' 47" east a distance of 106 feet, more or less, to a point for a corner in the west right of way line of Willow Springs Drive; THENCB southwest with the west right of way line of Willow Springs Drive a distance of 10 feet, more or less, to a point for a corner in the south boundary line of said Texas Power and Light Company tract said point also being the northeast corner of a tract of land as conveyed by William A. Hutchins Trustee to Oak Cliff Savings and Loan Association by deed date July 2, 1975 and recorded In Volume 750, Page 702 of the Deed Records of Denton County, Texas; THENCE north 870 40' 47" west with the south boundary line of said Texas Power and Light Company tract same being the north boundary line of said Oak Cliff Savings and Loan Association tract a distance of S7.18 feet to a point for a corner; THENCE north 470 21' 47" east a distance of 77 feet, more or less, to a point for a corner in the oast right of way line of Duncan Street; THENCE northerly with the east right of way line of Duncan Street a distance of 28 feet, more or less, to the place of beginning and containing 5,191.83 square feet of land, more or less. 2. The City of Denton is hereby further authorized to pay Texas Power F Light Company as owner of said described property, consideration in the amount of $5,191.83 purchase price, plus any other necessary and reasonable costs of closing. 3. This Resolution shall take effect immediately from and after its passage and approval in accordance with the provisions of the Denton City Charter. 1980PASSED AND APPROVED this the day of , . CITY OF DENTON, TEXAS ATTE OO,KS HOLT.- CITY SECRETARY CITY OF DENTON) TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: ,w r V 4 r' tip X~V ♦S Y` V j~, AA M^ AT A REGULAR MEETING OF THE CITY COUNCIL OF THR CITY OF DENTON, TEXAS, HELD IN 7118 MUNICIPAL BUILDING OF SAID CITY. R E S O L U T I O N WHEREAS, the City of Denton finds it necessary to purchase a certain tract of land located in the City of Denton, Texas, and more fully described below; and WHEREAS, .the City Council of the City of Denton is of the opinion that the best interest and welfart of the public will be served by the purchase of the parcel of real estate described below; and WHEREAS, the City of Denton and owner of said parcel, Charlcie H. Townson, agree that a consideration of $13,S80.00 is a fair and agreed value of such described property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: 1. The City Attorney is hereby authorized to prepare whatever legal documents are necessary to complete the transfer of property so described below from the owner thereof to the City of Denton: 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 S. C. 111ram Survey, Abstract No. 616, and being part of Tract A of the Expressway Industrial Park (Shady Oaks Industrial Park) an addition to the City and County of Denton, and also being the Fourth Tract of land as conveyed from First Texas Savings Association of Dallas to Charlcie H. Townson by Deed dated May 12, 1977 and recorded In Volume 834, Page 831 of the Deed Records of Denton County, Texas, and more particularly described as follows: BEGINNING at the southwest corner of said tract, said p „ -it of beginning also lying at the intersection of the east right of way line of Duncan Street with the north right of way lino of Dallas Drive (U.S. Highway 77); THENCE north 10 12, 18" east along the east right of wa line of Duncan Street same being the west boundary line of said tract, a distance of 107.29 feet to the northwest corner of sold tract; THENCE ;south 870 40' 4711 east along the north boundary line of said tract a distance of 109.9 feet to the northeast r.)rner of said tract said point also lying In the west right oe way line of Willow Springs Drive; THENCE south 420 38' 13" west along th v east boundary lino of said tract same being the west right of way line of willow Springs Drive, a distance of 140.0 Not to the southeast corner of said tract said point also being the intersection of the west right of way line of Willow Springgs Drive with the north right of way line of Dallas Drive (U,S, Illghway 77); THENCE north 890 25' S2" west along the south boundary IJne of said tract same being the north right of way line of Dallas Drive (U, S. Highway 77) a distance of 17.24 feet to the place of beginning and containing 6790.48 square feet of land, more or less, 2. The City of Denton is hereby further authorized to pay Charlcie H. Townson as owner of said described property, consideration in the amount of $13,580.00 purchase price, plus any other necessary and reasonable costs of closing. 3. This Resolution shall take effect immediately from and after its passage and approval in accordance with the provisions of the Denton City Charter. 1980PASSED AND APPROVED this the ~ day of ,?OgLe~ , . A&Z CITY OF DENTON, TEXAS ATTESTr L BR 0 CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS 1 BY: dA4ild w i ,a k~ j 1 t ~ . i 71 ,fF ♦ y`FF~ r~ s~,(!~ b~.' : ¢~x ~~1~ sd~~~ ? r~;. 1 + ~;~x+~F'S o~ tT3~ ~l~ ~ ti r `Q..1 ✓ `4M' ~.r 1 ;:y .i .n 3 1C Y, q a Iy~ q i. •w'. ~y.[,r ~'4 ~'1 ~ d~` ~ l : h X ` ~ d l \ ~qq yr'y+!; }1 F Y• y tq • ~F"P25 i19it'+~r4 N Fpr Y. gatyl rt id~~r ~+7r",u'Fyeya~'`~' ~<:.~kYt7`. '.t AT A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 11TH DAY OF MARCH, A. D. 1980. R E S O L U T I O N z WHEREAS, the Texas State Department of Highways and Public Transportation has requested that the street lignin? and designation for U. S. Highway 77 North of University Drive be changed; and WHEREAS, the Traffic Safety Commission has reviewed this proposal and recommends approval of the routing change; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That the routing change as proposed by the Texas State Department of Highways and Public Transportation be, and the same is hereby approved, as follows: Highway 77 as it currently axists shall continue to be routed north on Locust Street from University Drive to Sherman Drive, then :jrning left on Sherman Drive to Elm Street, and proceeding on Elm Street to the corporate limits of the City of Denton, SECTION II. That this Resolution shall take effect immediately after its passage and approval. PASSED AND APPROVED this the 11th d of March, A. D. 1980. NAS11; MAYOR CITY OF DENTON, TEXAS ATT Z'! / 41 MOOKS h , UTT-UMITM CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY~ a n f v J do i it k 1{k ^x r~~ eA {'~t F ¢}s: At-gi NAMf AND ADOP(SS OF aSI NCr Cadenhead Insurance Agency COMPANIES AFFORDING COVERAGES 711 E. Lamar, Suite 201 UMPANV - Arlington, Texas 76011 LITER A Aetna Casualty & Surety IOMCAN I rl[H M1ASIE AND ADOP(5) or OM+"AN, Circle IICII Construction Company L" P.O. Box 40328 ,MrANV D Fort Worth, Texas 76140 "P - 0 111.Nt nH a is co ntractor otho[c es of lnsw antel of isted below haoe been+55Led to the ins d named above and are ~ [,ric a1, lh~s t rre tI„~w~MStend n[[((a'y rm~~ lenient. term or Cclndt on of any contract other document % th respect to h IRIS cert / ce'e r' Jy bL ..rd or may perta n, the +rs vane a'forde,l by INa pol,c rs daSc.6ed herein ra suClii,ct to all the terms, acWs;ons and conddlons of sash prhdles. comrAVr ltmisofZTabt in ousan fyROfiNIL''>N't in CVw MPIU l u r olU r.r e• Y L(uER L [ArH AOGPCCAIE GENERAL LIABILITY w, H[NSIVE I,IRM rt Rr iNY1". 5500 {500 [;`MI Pt PR[M+6[5-1PLPMICNS 18AL445761CCA 8-9-80 A, I r.M,ol 1100 { 100 A ❑EARLOSIUN AND Cb(LW'l ffyy~I HAZARi L'1 UNLEPGPOLND II4ZA+~r1 . ® rROOL)c I S C t1M PI t 7IP CPE PaI n`N: H'.:n ,n,L~, 'I ar F'T &W, ® CONTPAC', LL I'.a u•r« I 10 t' { Fr+ , IMI!ELr r DAIJ. { ❑ e rl(,' Afl r Cl"!,1 CP,,.)I[ Cw P DAMAC[ r. aG ® lND[PENC(vt rr.llnA, C ❑ R[PICONNL til'. F', Ir M. . A, N ~.r S G AUTOMOBILE LIABILITY { Y .'l ®0 r.4Pna" ` 18AL445761CCA VIE C, r~ 8-9-80 Ip r,I N R. A L MRfD r~ :;r+. , a" i-100_ ® NON OANID £XCE55 tIABIUTY ❑ 01 MLA iHSN i. Mb+$LIA FOPM ~•r Nr,i. WORKEAS'COMPENSATION - A and IBC68122CCA 8-1280 EMPLOYERS'LIARUTY f100 000,.- OTHER MSCRIPT1014 of 0P[AAT1ON550CAt O'.S VDe(.I. ES Cancellation: Should any of Ihl' above d(-,jFd'r+1 pohrir% lr!' Canr !r` I Grl "I' fI-P r.1 I rr :.n , l !p [1 ere;( t'le Iat,i - parry will endeavor to m3it - days Arrtlwl nnrrt.q In tl~r tv l".v n I 'T t A CC t1 y! ht ('cr, tlut fJ Te to mail such notice shall Impose no Ohl,pi.on or i~f y Ol day I,rni 1,'l' in v n i r,nr(+!rry NAME A NO A DORf S5 (f CE R I hC A, L ❑rp DI N City of Denton EAlt r.5r,(C1_... March 13, _1980..__.__ 213 E. McKinney , Denton, Texas ACORO 2% 0 It) t p I _ „ r r ~i i~ Mis ~ ' ~ ~ C s'~ ~ M 1 ~ .A,Y . ' ~~'i i x'' . • 13'16.1 EXIIIBIT 1B-2 AGREE~ZM FUR APPRAISAL, SERVICFS (AtWISITICN) THIS ACREHIM. entered into this day of ck r G N 1980 , by and between Community Development Dept, o the City o en-ton, State of Tgx~~ _ Fereinafter referred`tc as Tie'TAgny-~~- _ J.A Fl~nsley )LR~- hereinafter referred to as the "r.?praiser." WIMSSE'M THAT: WHERFAS, the Agency proposes to acquire certain real property and desires that the Appraiser furnish the Agency certain services with respect to such property, including an appraisai of each parcel of the property.-and the Appraiser represents that he is fully qualified to perform such services and will furnish such services personally; and WHEREAS, the services to be provided raider this Agrem-rat are necessary to achieve the purposes of Community Development Block Grant Program and the Lhifom Relocation Ass stance an a operty Acqutsataon Po ides Act orb] T, ram Act)' W4, Tti &:MRE, the Agency and the Appraiser, for the consideration and tru.'er the Corditiaas hereinafter sot forth, do agree as follots: AFUIC1E 1. Pro 2r To Be raised. A description of the real property to be appreised, including an identificat o o any terests in the real property to be specifically preluded from appraisal, are met forth in the attached Exhibit A. A separate appraisal is to be furnished for each parcel." (The term "parcel" means any tract or contiguous tracts of lard in the same a nership, uhwther any such tract consists of one or more platted lots or a fractional part of a lot. An easement or other separately held interest in two or more parcels shall be considered to be a separate parcel for appraisal purposes and an exception to the title to the parcels so ewrhered. An ease "it in a parcel that is appurtenant to another parcel to be acquired by the Agency shill be considered to be part of such other parcel and an exception to the title of the parcel cnciriered.) Each parcel shall be considered to include all right, title, and interest of the owtacr in or to any adjacent or abutting streets, alleys, or other public rights of Lamy. AEMCIE 2. Purpose and Basis of Valwtions. (a) r~ icance of AP.raisals. Tlae appraisals to be fixrished under this agreerrnt y orlLS i0W in traking fair and inp3rtial determinitions of fair market value and the just compensation to be offered to each property parr. The Appraiser shall be guided by those objectives when estiratiny, values. Appraisal reports will be rcvicxxd careful y yy the .pJ~ency. Aecord{s~ly, the text of each appraisal rcTort nut coney all trotters germane to thte required valuation findings and mist provide a full explanation of the Appraiser's reasmIinnyg and his analyses of the evidences of value, so that a reviv%vr will be able to follow the Appraiser's analyses and understand how he reached his valuation ooncluuitnts. (b) aisal StarxW*. The appraisals under thi+ agrr..o nt shall be based on nationally recomtrtd appra~s~techniques to tfe extent that xxh principals are consistent aith the concepts of value and the rules on the admissibility of evidence of value uxier the eminent d.Tnin law of the State. Factors relating to race, color, religia , sex or natural origin, or to racial, religious and ethnic identification of neighborhoods are not relevant to the estirntion of value rM shall not be considered in correction with appraisals of residential real property. (c) [late of Valuation. The Appraiser's valuation shall be as of a date concurrent with the prepara- tion Z T-09 report, unless the Agency has specified some other dote of valuation. (d) Relocation Assistance. The Appraiser's analysts and opinions of property value shalt trx reflect any a owance or [ re ocatIon payments and other assistance prrovided trader Title 11 of the thifern Act. 9/79 Page 1 it 1 I 13%6.1 EXIIIEIT IB-2 (e) Lm lcence of Pro'ect on pr ert~Value.air In miferket rmi he Appraiser shall Prior to any ecrease or increas e tF -f v iuesoEpti}nie~reaI Pto prior ar the date of valuation, caused by the prolix t for which the ; perty to be accprfred, o to sical r by the likelihood that the property would he acquired for such pnpije~ccttotherte be acquired, than eterio sm-ible owe acguisition,dusing thefbeforch,•rnd-after method ofevalarlon~lrthe I14raiser's opinion of the value of the raaining rut-to-be-ac uind (In the arse of a partial of th in value attributable to the project.)rtIf}the (leecdrmiriaIon sof l chmges in va any caused Lye here project is a problem, the Appraiser's report shill cite the ruling follmed and Its source and shall explain the effect of the nrling on his opinicxr of value. A.RTIQ.E 7. !e of Arpraiccr's Services. 11ie Appraiser agrees to perforl the following services: (a) AF raise each ;trcel and prepare arld del'.~•er to the Agcncy. within 60 after thFU'E- n t is a,,rcment, of calendar days provisions of this agre„acnt. TheN~ra ( rphdvrll lx•r,Anillaflns rcl,.,vac con o to the buildings, s[nrcturc;, fixti res, anJ other 1. ano.v nts to the pro crtyac tercel, including all d the etaledrinspecti((ay Eatthe property.tt,IfvOw (atxrrofnatc(Try i-able iscr shad give representative of such o.,-:er dJ<y not a.crvi.inY the ~ Y the Appraiser Jurtng his m P uprrty or a shall include i his a Af,{rtlser duri theere to acccarpany the Appraiser(rA evldtwe of thefo rwr's rcrnrtpt oftstch'notifstt~tion. in the of insperttn~ the .r opporhnlty procser ess all parties in posse sionyx-sl notrepforsnxuld ~atiointalle!`ACtlAlrinfo MLloa~rtaln the rights of by the owner or his representative relevant to the ntVrais,rl, t*cstnts famished (b) Testes as an rt witness In befolf of the Ai,(ncy In any Jrr,llcial proceedtn~ imoI%I property appra{sc3isexr t ~s igEMnnt. Stich :c•rvlres sM1l tncl ►1c such re,isaub[e tire a~~yY be required for reins ctim eE the pre, fray, ulatrtirp th, A;I raiser's vvlriltim parttelpitim in pretrial conferences with cuedmsel far the Ai;(vic'y. and tcstlfyiti; Ltr the Sudicial protreding. The c(rpensation for such sen.-ices shill he detcrmirxd Sn atvenduve with Article 6. (c) ibdify or furnish supplcrants to any appraisal raptwt furni%W u(,rter this aprccmcnt, without addit oraa cost to t-he-T(ncy, It (1) applicable lyrinciples of lam with rrsrvct to the valuation of the property require the no(dification (,r r;(;) ~laa(miry, Of wvhr.,•paalsal, (2) material (nlssions, inaccuracies, or defects in the appraisal report are di.ro.tirol af.•cr detivvey and acea•pranee of the report by the Agency, or (1) the Appr:rlser receives cr Morns a•.rmre of relevant a(dditienal appraisal. information in existence prior to the date the A•-pralser sli7hd the report. If there is a significant delay betwei:n the dare of v.rluatlon and tlm date of acgvIsition of any parcel or if the pproperty has been materially altered since the a ralsal by a fire, a revised determination of the Mindaries of the property to he acquired, or other cnise, the Appraiser shall, if requested the data anJana ysess furniosa curLUnt dite.s~ ort,m-Latrqxxt ion for~such u this valuation and the s r[[rg determined in accordance with Article 6. g~iatfrg of eta alpraisal shall be (d) Estimate the value of any riLht or fnterest rcc appra~od~y~t e~CppraTsn~ Po to he n _cntiv by the caner in n to continue occupancy sucF, as rm ea.aa(Yat icz a Yrss tc oth(r ppr pwrty of the ouur, hrip; t for an c):tcrvled pcriod after the 11l;armiy WTAires the property. or the right to remove any building, stnkture, fiture, or other Lnpt•cn•trtis t. I11e (cr"rp.atl(R to be paid to the Appraiser for forma hang any scorch valuation shall be &ttC r -ned In accord(nce with Article 6. (e) Consult the crae-(and its leF`al cuaaael r(gardtn~; •ervlc'es to M 1 ,(orrn.l by the Apraise r, at sucFa C ,sj ay with Y c car,(nicnt for the p.trttca to 019 a,rc(atint, S1r Appraiser s in(tiate such consultations afx-rwver dne fa In (kaabt as to %twilrr an el(arnt cf property is rail ear ' personal property or needs legal advice on any a.pect of the appr.iisals to M funa,SsFard trt<c this agreement. There shall be no charge by my party for such rrntrdrations. 9/79 P;t(;e 2 1376.1 1:xmB1'f I11-2 AKTICIE 4. Contents of Ata~isal Fvrrort.s. F. ch appraisal report to be furni-,itcd by the Appraiser under this agremer t s a 1 coo' t3 ccrtaTn fnfutmtttcni uVl the Appraiser's c,viclusfwq and onininos togettrr with the Oar-, and a,al;:c 'b t,+,ticn t}xy wire derived, as sct forih below. A separate report shalt be suhaitted for each prxcel. 1"vver, if rare tiim one parcel is to be appraised, all general data mty be inclulal In a separate data voltrc this Is referenced in Lhe separate appraisal reports m LhC1 itdividutl parcels. the appt;alsal nl+•rtt at each parcel shall include the following: (a) A suim-y headed "Appraisal Peport for (rear of the AgEntcy)" that provides the follrxrlrig: (1) Project rLvne and reu-bor. (2) Gate of the report. (3) Parcel rnmiber, address of the prnperLy, brief idenriffadicvi of all Interests in the property appraised, and the n:r;r of 0,0 cantor(::) inc1ixiir4; any taunt-otis~rs. (4) Gate(s) of the Appraiser's fnspcoticri of the prq rty with the omx•r(s) or the osrr's designated rcpresauetivo, iroclufir tl.o rvrv of etch o.etcr cr rcpresoltative of an owner %bo accaZ,aniod the 11,npraiscr d tin his inr.pecticwt :;rd ti>r interest held in the property or the revresentativc ctp:;ity of each such Iersna, (5) The Appraiser's estimate of the fair rcirkM value of tan entire p.crcel and the fai: market value of the snw, interest in the l:.nd, as if vacant. 1 (6) 1he limiting conditions of the appraisal, fitch may incluk asst'.ptfons (1) that the title is good and marketable, (if) that no respuislbility is asstrrd by the A(praiser for legal matLers, especial,) those affecting, the title to the pruportyy (iii thou the legal description of the property and the interest in the property to Ge nppratsed, furnished to the Appraiser by the .V,ncy, is correct, and (iv) that no survey of the property has been made. Any other appropriate assu-ptioa or limiting condition ray be added if it has been specifically approvvd in writing by the Arkivzy. (7) The certifications of the ,yrpr.tiser (i) that he pcrsotwlly made a thorough iwpection of the property, (it) that, to the best of his kruvltdge end belief, cverythirg contained in the report is true and no relevant arid l:portant fact h1a been crdtted, (Iii) that neither his e-ples}aoent nor his cur-sensation is ccetlnret on the valuation reported, and (iv) that he has no past, preset, or prospective Interest (Including that of real estate aaggent or broker) in the property, the rarties iinlved, or any other interest that would conflict in any way with Ise services irrfortcd or the making of an impartial report, (8) A certification that, in the Appraiser's opinion, the fair market value of that property is (an amount to be stated) as of (the date of valuation). (9) The signa=c of the Appraiser. (b) the nonce and address of the owner of the property and rhL nrm std the aldress, If lrrwawn, of any o r party w or l-c co hold a separate culxn;able interest in the property. (c) 'Rte street address and an accurate description of each-parcel and all interests in the parcel appra property script-iron shall iderit7 yyaaII-io-M tTR , restrlctlau, easnlnts, servittdes, sad reservations affecting, the title. lho property description shill specifically exclude mad describe any separately held interest in the property that Is to hr acglfred seppaarately or as part of another parcel. The description shall also specifically delude all separately held interests which are not to be acquired and will not be affected adversely by the Agency's project. If there are any separately held interests in a plrcet, tihich are to be acquired with other interests in the same parcel, such as leaseholds, tcnant-owned it rovwrttnts, life estates, easanaats, mad water, gas, oil, or mineral rights, a description of each such separate interest and the crane of its owner shall be furnished. 9/79 Page 3 13%6.1 ' EXHIBIT 1B-2 (d) Offecdrecord sutitle sinfo not o re -T_nmtiat concerning interests or fnstrv ants that affect title a rights , but are eases, op of parties in possession. tions rm renew a ation leashalse,l becmtrrirpt. or[ of and if available facts are sufficient, the A of sale, c-.f c_hur itmiereecs or the appraisal report. Otherwise, Such to thc be infobased on such additional title information conplet'on of the appraisal until the Appraiser shall refer the cutter Co the and so noted question se resolve;, AEtncy, and defer (e) Basic ro art data including pertinent information with [aspen[ to such [cotters as environmnt r ovation of the r or oervitudes affecting the'availahlcruse (2) the zon1rg f and any restrictive cW (1) the real property and the current annual real estate t tKCbur the .land, the assess cy of the ofttihe~ Property at time of appraisal, (5) the ublic to don' (4) the use and ova providing access to the proper[ P [overeats, services, and utilities senran g rvi ltd (1) the freedom of the proper tyyfrm6)special ~hiurJs,tOV, hy. dirmsi°n9• and area of the land, the property, if rented, (9) the est[cd anntrtl costs oftnunea~ont d tar and rental history en of the property, and (10) a description of the buildir •s, any, including relevant informrticn as totype of sit, cl sig and use. cr struct sarrtts, if e9uiPment, dimensions,. floor area, e, ccondition, Space e or r o nouse,m aconstruction rranructfon materials utility, and any other characteristics or attLb tesondt ont~,r real propert spage ~tfunctional ealprop y. The appraisal report shill c'ntain a rineral si ,ch pL a ienaane to the value of the of the land, the location of the principal invrcnrertcntsonhthe land. the location of owing any easements in the land, and the atxmt Pe and report shall also include such ting streets, alleys, or other Public photogr,'Phs, each clearly identified, as-my rights of aty, The (f) Re rt of anv condition or occ ~ ~Y be appropriate. value of the property,Y of the property In vfol.atlrn of Ise that troy aff°tt the (g) 'me raiser's o inion as to the hi M t arul host t for the shall a so a ra set s '"E`---- pp reasonably suitable or App adaptable. If Ion 71 sas to any of i7r use($) forr .;N 'the property is [spirt ttte is not self-evident or is fared the Peoperty is unused vacant land or the highest a is report shall contain the analys to differ significantly fran the present use, fithe appraisal at and salt and best use and as to the zeIativeysuftnbilit Appraiser rrachod his conclusions the high for which the property could reasona Y aJ ptability of the r yy or to i~~st a potential use spell include considerateit onsidered evant mbesuitable or a&the rany v other cue(s) Such location, the a shall include and the legal aaf the of estimated cost, if or and Physical attributes of theme Property form ,y use the and relative desirability occ errting the property to such [uses anf fMapply. sale Isla, for pri , the Uju analysis of the property for the futureuaceortuscs fardd to IeetM hiphost~lYk~d°ftue, be of the process of appraising + furnished in accordance with Par Pr u7i arty ' therefore, nay be incl J In the ,beat use is part tthe ap(h) Mhe valuation analysis And 4 low. N ' opinion of the Appraiser as to tie fair trurket value of the r rt shall contain a uescrip-t t reason[ as to value and all data and aryl ng Process usec7by- r X The appraisal report reaching data and analyses furnished in the es needed to explain anal a nor his valwtion. The his coming on appraisal report shill ino,uude, the following, supporting (1) An analysis of the proper[ fr characteristics and attributes m its value forvthe available evaluating the effect of its Property is best suited. Particular attention $-%III be yivtn to the or uses character sticts the the property cost relevant to its value, c_ch as, In the case of an fnvestnmt property, the income potemtiai and the expenses of eLnerahlp, mmintmnce, anf cTkretiitt, (2) An identification of the [asst roce.It sale of auh property ngpraf-,cd and my other sales of such property during the last (5) yk'ars ,r, the property appraised Appraiser ser in prmodintg the appraisal, Such Pale(s) his all revert sales of cn,pirable if++rjr+ivrties conridrrcd by tho s opinion(s) of fair market value spelt be «r IfIed insofar as practical, the Information furnished with respect to each auh axle shill lnchude, saAale otheWee rtinent facts, the naves of cite graantor and prantce, the date of the the price, any sp,clal terror or affected the transaction, and a description cof the Prq the pr or ty An its ca of the sale that sale in sufficie.it detail for tine Inmking h t,er and its condition at time of ~ the appraiaal. S 7S Page 4 1376.1 EXHIBIT 1B-2 (3) The analyses that COW Rule the princip?1 1>?sis for the Appraiser's orininn of the fair racket value. The appraisal report shall contain the Appraiser's evaluititn: with respect to previous sales of the property appraised and any recent offer of the (rater to sell tht property. The appraisal report shill also contain the Appraiser's analysis of each ccnparable property and its sale in relation to the prof- rty appraised. T}r AF-proiser's analysis shill reflect appropriate allowances for the differvice in tie Lire of ilk sale of the corparable properties and tho date of appraisal and the differences in the utility, desirebility„ and productivity of the properties that are pertiiunt to their relative value. The appraisal report shall contain a valu+tiotn data rzip showing the location of the property appraised and the ccrparable properties referred to In the appraisal report. (4) All other information, analyses, and estimates considered by the appraiser to be relevant to the estimation of the fair mirlret value of Or property. (5) If the property appraised is part of a tarter parcel in thx+ s,vY concrOkip or is loss than the entire interest of the owner in the property, the appraisal report shill contain the Appraiser's opinion of ju,t coo-pcnsaticn fur a t>kirg of such prrrxtty or, interest, using the before-and-after rrthcd of valutticn a; interpreted viler State la.t unless it is oM ous that there wt>uid be no d r :4;cs or benefits to the ru•uining property or interest of the owner. Nc.,v%cr, if the part or interest to be tar(au is such a soil! part of the whole property that the d_ages for the ttking can be rare accurately estimated directly, that rethcd ray be used if permitted under State Ira, without estimating the fair Lurk-t value of the entire prcpcrty of the oancr. The foregoing, ooppinions of the ?appraiser shall be supported in his report by the d,ta MA annly~cs by wfiich he reached his cenclusions. For inforsration purposes, the appraisal report rh ll also certain the Alpraiscr's entLTates of the fair racket value of the to-he-acquired part or irotereat as p.trt of the wt»le property and the net dr.tges or bet,efits to the rernrlning prc;x•rty of the owner, if in the opinion of the Appraiser, acquisition of the part of, or interest in, the property proposed for acquisition world leave the Owner with rn uneconomic rarnant, the Appraiser shall furnish a separate estimrie of the fall market value of a "parcel" caprisinp, both the parcel proposed for acquisition and the uram.nic re-hint. (A reminder parcel or interest shall be considered to be an u ccoxr.lc rernant if by itself it has little or no utility or value to the (rater.) (6) Such ma s, plans, photographs, or other exhibits. as necessary, to explain or ill(r.trate the analyses of the Appraiser, (7) The Appraiser's evaluation of the indications of value deduced from his separate analyses of the various evidences of value and an explanation of hcv he reached his finil conclusion as to the fair market value of the property. (i) The__oo~~inion of the A rai ser a to the fair racket value of the land as if vacant, the -vaIWRRn 31 or same sesrest t -lland as-3s to ec r-7n `ni No real prnferty. 'the report shall contain information with respect to the available use or uses for which the land would be suitable if vacant, the opinion of the Appraiser as to its highest and best use, and the Appraiser's analysis of the evidences of value and of the use potential by which he reached his conclusions as to the highest and best uqe of the larxi and the land value, (J) A property analysis if the proper Cy is a cu-nercial, industrial, instltutlonal, govenrxntal, or farm property that Involves substantial Qsantitles and kinds; of fixtures such as mcbinery and equipment. Any building, structure, fixture, or other improvut:oent, which uv>uld be real property if arced by the varier of the lard, shall be considered to be real property (ever if the irpro%%ramt is the property of a tenant who has the right to r(ruve it or the obligation to rcwve it at the expiration of his term). The property analysis must be approved by the Alt before the appraisal is cennpleted and, as approved by the A ency, shall be included as an ZAlt in the Appraiser's report. The property analysis shall list, identify, and classify as to ownership and type of inprm+®ent, all item of physical property considered to be part of the real property. The property analysis shall also identify tangible personal property located m the premises to the extent reasonably necessary to prevent trisunderstandinga as to what is reeirdcd as beino real cr personal property. Buildings, structures, fixtures and other irprcvenmLt , including their accessories 00000001 • 0/7e Page 5 ~o I 1376.1 BUIBIT 1B-2 ~cnd spare parts, shall be identified and classified as to ownership and type of property as follows: i (1) Ownership. (i) Owner of the land, (ii) Each tenant in occu,•aancy. (iii) P Fach perm mNhe ?preudses. ant owner of any fixtures or other irTrovenents, or personal (2) iTe of property. (i) Building, structure, or fixed irprovm nt. (ii) Building equipment, rerovable. fFixturesor , classified as to whether econxmlcally removable for reuse, removable salvage only, or irrerrovable. (iv) Personal property, identified as to types and approximate amts, or othetvide• as needed to prevent mi_,,eiderstandint;s as to the classification of any item. If any building, structure, fixture or other imprmt-pmt is not to be acquired will not be adversely affected by the Agency's project, and will not be req ired by the Agrncy to be rcmA*d, such as a pipeline in an easenrnt not to be acquired, slrh irgrom:cnt rhill be identified as excluded from the appraisal. (k) If machine and a ui . mt or other fixtures used in a trade or oustness, fats operation, or institut xna orgovernmcnta rrrct neo ~sUCe part of the real pr the shall contain a separate schedule which provides separate estimitesforee ch such ass report prescribed below, if there is more than one owner of such item, a separate schedule shall be furnished for each owner, The infonnatim and conelusixns to be furnished on each item are as follows: (1) Description of the Item, Including, as appropriate, the rnnufactur.er, model and serial number, size or capacity, age and comiltien, and degree of obsolescence. Accessories and spare parts, special f%rk1itims, and power wiring and process piping enrrall shall be listed separately, followini; the listing of the iten(s) to which gthey apply (2) Fstirrote of the replacement cost Installed of the Item as listed and identified (excluding any elements listed separately). Separately identify the has is of estimated replacement cost (new or used), (3) the contributive (enhancement) value of the item to the fair market value of the real property as a whole. (4) Fstimted fair mrnrket value of the item for removal from the property at a purchaser's expense. Such value shall be considered to be the probable selling Vice if the item were offered for sale for removal from the property at the purchaser a expense, allowing a reasonable time to find a purchaser lxryiinrngg With iinowlcdge of the uses a d pcnposes for which It is adaptable and capable of be'rpt used, including salvage for serviceable co ponents and scrap when it appears that will[ provide the hthest va4A. , The schedule(s) of estimates shall be consistent, with the property analysis approved by the as provided in ParWaph 4 (J), The Appraiser is permitted to use the services of such technttcc- specialists as may be needed to enable the Appraiser to provide valid estimates and Gard valuations. the schedule(s) shall be suppo-4d b' an expl;nation of the procedures followed In gathering the necessary market information and termical data. The principal purpose of tie Alralser's accotpanying narrative, however, mast be to explain his analyses and his evaluations of the dollar mount of V%e overall ca,tribution of the machinery, equipretnt. and fixtures to the fair narket value of the real property as a whole. the report shall contain any layout plans, sketches, or photographs that are 9/%S gmmwmmmmmmmmm Page 6 1376.1 rXIIIBIT IB-2 reasonably necessary for locatiirg or identifying the facilities or illustrating the Appraiser's analyses. (1) If there are separately held interests in the real property to be acquired, such as ea.erents, leaseholdF, air rtgFits, ]ire estates, rni oil, gas, or mineral rirhts, and the division of owttcrship is not of such character as to destroy the practical unity of the property, the Appraiser shill apportion his estimate of the fair mirket value of the property (all interests in the property to be acquired) to each separately held interest. (Hower, taunt-owned improvertnts shall be valued in accordance with laragraph 4 (m) below.) The report shat. contain the data, analyses, and reasoning by which the Appraiser mnde the apportitrr;rnt. If the "tacit rule" is regarded as not applicable because the division of mmership is such as to diminish the fair rarkct value of the property as a whole, the separote interests involved shill be appraised separately. (m) 1'enant-owned inproverriits. If any building,, structure, fixture, or othc- irprov"it to the property is enti ie as bcTry; tlic property of a tenant M±io his tlw right or obligation to rciove it at the expiration of his Lein, the Appraiser's estim:te of tie fair rorkrt v;iluc of the in;+rovc- meat shall be the greatest of (1) the amount wfilch the irproveent contributes to Ow, fair nickel value of the property, (2) the in place value of the irriro;e-nnt as pmt of the real property (the depreciated replacerrait cost of tine i;prt~ rx3Lt installed), or (J) the fair market value of the improvcment for remval fran the progeny at Lhe Snn-chiF%er's oxpense. Ihc appralsal rcyurt shall state the basis for the valuation of tho imprc~crcait and furnish the dita and analyses on which the valuation wns trade. (n) If the property is a rultifxglly or mdxed-use (residential and nuucsidentiil) property and an owner of a carpronsa ae ntcrest in t r~prcilierty also occupies a dwelIlrg in the property, the Appraiser shall furnish an apportioment of his rstinltc of the fair market value of the whole prop- ty to such dwelling and to the reniiavier of the prklc rty. For the puriose of this paraF aph, an occupant of a dwielil~g shall l.e considered to own a ccrpersab'ie interest in the property i he holds fee title, a life estate, a 99-year lcarc, or a lease wi.h not IL59 thvn 50 years to run from the date of valuuation, ar holds an Interest in a coo~ppeerative h,-rainy, project wraith SiaclLries the right to occupy the dwelling, or is the contract purct~iser of ai.v of the foregoing estates or interests, or has a leasehold interest with option to purchase. 7te Apprriscr's report shill explain how he made the apportiorrrnt. ARTICLE 5. Services To Be Provided by h c?e~. The At,ency agrees to fuirhsh the Appraiser the following: (a) A Ur lot, based on offiwiel records, of the property Jescritad in Article 1, Owing the bot:wife~s`dimissions of the parcels to be appraised. reach parcel shall be desipwited by a nu ?vr, and the parcel numbers shown on the AFiralser's reports shill corrosprxl to the parcel nvrbers shown on the map or plat. Ho ever, additional parcel mrbers my be asslcT.ed by the Apptafser for easements appraised separately or for ink;ltional parcels revealed while rnkirg tIm appralsa a. TM Appraiser shall prcnprly advise the Agency of any such additions. (b) An ow wrsbi data report for each parcel, that report will show all estates and interests in the parceass n o recur anti consequently shall irrt be assured to accua-ately define the irterests to be appraised. The ownership data report on each parcel as shown on the parcel rap will include. (1) The name (and address, if available) of th'e owner appearing on record; (2) The legal descriptic,- of the parcel as shown by the caaveyance(a) by which the record owner acquired title; (3) Idw..!ification of the conveyance(s) by which the present otner acquired title, including! the ra.e of the conveyance(c); the date, bock and page mrbers, and place of recordation; the name (and the address, if available) of the grantor of such corrvyance; the stated consideration; the amount of m-y' u'tgages or crctni,rances placed of record or to which title was stbject at time of com,- Ace (so far as determinable [ran an e+'amination of the conveyance); and the amount of any State or local trirofer taxes that were based on the mioutt of the consideration; (4) Outstanding estates and other riphts or interests of record, incltdirr easenen ious s S 79 Pape I L-1 176.1 EXHIBIT 1B-2 parties. Sufficient mineral rights, leases, and any lmtn n but unrecorded, interests of other such outstanding interests iterestinformation shall be furnished to disclose the probable effect of such of the title of the record owner; (5) Outstanding special ass-sue is if airy, for public L pruvenents such as streets, sidewalks, p.ibli- utilities, arod similar public facilities; (6) The amount of real estate taxes for the current year and the assessed valuation stated separately for land and for ittpruvem-nts. (c) lee al advice, upon request of the Appraiser, on legal mutters affecting the appraisal of any property to appraised. ARPICLE 6. Payment. In consideration of the services provided by the Appraiser under this agreement, the Agency agrees to make payments to the Appraiser upon the eubmissiot to the Agency of properly certified invoices, as follows; (a) For appraisal reports Accepted by the Aftrc and for all other services furnished with cle except services furnished in connection with judicLsl proceedings tcider Paragraph ie the uh .sing of appraisals under Paragraph 3(c), and the valuation of reservations of rightsin~). owners under Paragraph 3(d), the 11 7) sun Of -8a.00 dollars, utilch shall constitute full payment to the Appraiser for all of su h services ~ai3"{or-aTT supplies, ruterials, and equipment to ! or furnished by the Appraiser and all expen es insured by the Appraiser in connection with the p ,::xmance of such services. (b) For services ftrnlshtd by the Appraiser in connection with judicial proceedirgs as provided in s Paragraph 3(b) (except tvcces as an expert witness in e.s:h a proceedirg), the updtttng of appraisals Paragraphas d 3(d), ~~r ~55 ph 3()' and the valuation of reservations of rights in owners as provided in performing the serv~ccDDD s, rx - dollars per hour or fraction of an hour actually eng ged in expense and subsistence, shall be borrne b tthe ' All expenses of the Appraiser, Including travel by Alpraisesere Paragraph Fr services as an expert witness for ythe Agency in judicial pruceedinps as provided In for 3(b),ert a Aservices ppraiseraa lithe Ageng h Oeby agree that the fair and reasonable cottpensatiou the In court, or $75.00 per hour for an p dallare for each full day's attendance AR11CLE 7. rcermts of 8ppraiser. As an art thereof. and in cons! eras on est Lhe agTot-amts to be`h~~t to the;trcry,io; the of this sby the Agcy pcrfutantd by tfr Ai;mc Appraiser agrees reethat: (a) lificationns. 7be Appraiser is gialified Ito perfoira the services to be turnthed under this aareanent arki is permitted by lira to perfornn rich services, and all personnel amp~,ed in the work shall bi qualified and so permitted to do the wnrk they perforua Attached as hkhtblt B. is a statat*nt by the Appraiser, certified by him to be true and correct, setting forth his technical qualifications, general appraisal experience, specific ea;ertence in appraising properties of the type involved in this "gre-rmt the couts in which he his testifled as an expert witness, and other infarantion pertinent to establishing his technical qualifications. (b) Solicitation of reem rontt. the Appraiser has not "toyed any person to solicit this agreement and has not mn e. mike, any pa)T-mt or percentage, brokerage, contingent fee, or other c any ticin tsnt for the payment of any cattniss[on, this agreement. op~snsa eon in c mre ctlaa w[th the lea anent of Interest C o teaisesWte agentlsoerr' FR 1oce Urir s. The Appraiser does not hrv mey Interest any property dese ibed in Article 1 or in Its sale oorrtany indirect, present of proor noiv,r, it with the property, vMich would conflict in an neerwiithclhrtp vAn etYrr or of t in ervices an and *he submission of Irpartial reports, hyyyy 9 runner ~or not foes once of the services the services to be furnished undeia~r and oarnt, any and will rot mntr, in cot,eaecttat e Property is acquired Y person having sn such Jnterest, rning the i the Appraiser and by the ~~Y or excluded frm to project by resoIutton of its governing body, l trot acquire any trtployees of the Appraiser, so lore as they are toI any suz interests and will not, for their otan account or for otherethhanrthee^gencyo neeggootiate for any of the property, perform services in cutncctfan with the pr voluntarily as a witness in a condennatian or other proceeding, with respect totfty' or testify Page 8 1 r 1376.1 EXHIBIT 1B-2 ~r (d) Services To Be Confidential. All services, including reports, opinions, and informatfcn, to be fumisTi ux.er s agrecsrent are confidential and shall not be divulged, in vfiole or ter Dart, to any person, other than to duly authorized representatives of the Agency, without prior written approval of the Agency, except by testimony raider oath in a judicial proceeding or as otherwise required by law. The Appraiser shall take all necessary steps to ensure that no nr+er of his staff or organization divulges any such information except as nary be required by law. (e) Facilities and.Per,mnel. The Appraiser has and will continue to have proper facilities end pertomae to per orm tie services and work agreed to be performed. If the Appraiser proposes to ers celnetsnorpattributeseofoas pro opcrcy appraisediu~ind r this rrochinery theionplo[ or other specialized t er such person or persons for such pro-pose shall not lace the Agency on such ce, relieve Lie Appraiser of full re-xr ribility for the faithful performance of theserviiccesyto beor furnished under this agrearcnt. (f) _ual FiRlon_ Z OpE°r[trr ILring the performance of this agreerrnt: (1) The Appraiser will not discrinirite against any trployre or applicant for errployocnt because of race, color, religion, sex, or national origin. The Apprahser will taR affirnutive action to ensure that applicants are crioloyed, and that erhloyees are treated during crployamt, without regari to their race, color, religion, sex, or national origin, Such action shall include, but not be limited to, the following: crployrent, uppradiny,, demotion, or transfer; recruitment or recruitment advertisire; layoff or teirdrution; rates of pay T other forms of co;pensation; and selection for training, including apprenticeship, The %ppraiscr agrees to post in ca,spicvaus places, available to etployees and applicants for c+t;oloyrent, not,iices to be pr,rridtd by Owe Al;ency setting forth the provisions of this nendiscriminatfon clmtse. (Z) The Apporaiser will, in all solicitations or advert sesrnts for aryloyecs placed by or as behalf f the Appraiser, state that all qualified applicants will receive consideration for ewloynmt without regard to race, color, religia.i, sex, or national origins, (g) Assi t. The Appraiser's tights, obligations, and duties under this agroo-ent shall not be assignee or in part, but this shall not prohibit the assign nt of the proceeds due under this agreenent to a bank or financial institution. This aT;rce ent my be assip7" by the Arcncy to any corporation, agerr_y, or instrmuntality having aut}xrity to accept the assipln-nt. (h) Subcontract None of the work or services carrcd by this agreewnt shall be subcontracted without p or approval of the Agency, (i) Records. The Appraiser shall maintain records of all details with respect to the services to be pew under this agreement, including one cocplete copy of each appraisal report and related notes, for three (3) years after deliverinrgg the report or until the property is acquired by the Agency or the acquisition is abandoned, tfifchevrr is later. (7) Affidavits of Hance. The Appraiser will, if requested by the Agency, ftrnlsh the Agency affidav ttss cent FO-a MDonee with the provisions of this Article ARTICLE 8, es. The Agency, by uzitten notice to the Appraiser, trey codify the scope or quatntity of the services to furnished under this agreement. If such thaMes cause an increase or decrease equic ble adjustment shall to be provided be crud in the by provisi~ons of e ths apethe tirm eccnt for p iymints to their the AppraissirMe or for the time for performance of the services or for both, and this agreer nt shall be crdifled by agrecsr:ant of the parties accordingly. AFMCU 9. Terndnetion of ARreenent for Cause. If, throup)n any cause, the Appraiser shall fail to fulfill in a t y proper rnnncr s gatians under this agreemnt, or if the Appraiser shall violate arty of the provisions of this egreerent, the Agency my upon written notice to the Appraiser terminate the right of the Appraiser to proceed Coder this a eentnt or with such t or the agreanc~at as to uhtch there has bcertdefauIt and r.uy hold the App ai p~ parts of caused to the Agency by reason of such default are termination. In thecmt lofbssuch terminaIon, any completed reports prepared by the Appraiser under this agreetent shall, at the option. 4,f the 9/79 Page 9 1376. i EXHIBIT 18-2 Agency, became its property and the air: ti , fo'r any work comWieted to the satisfaction of st}Rllencx ,lc.. to "eive equira'te ccrpensaticn be relieved of liability to the Agency for damages ai The Appraiser, however, shall not thereby of the agreenent by the sustained by the AF,ency by reason of env breach Appraiser, and the Agency may withhold any payments from the Appraiser for the Purpose of setoff until such time as the amocmt of damages due the Agency from the Appraiser is determined. The Appraiser shall not be held liable for damages under this Article solely for reasons of delay if the delay is due to causes beyond his control and without his fault or negligence, but this shall not prevent the Agency from terminating this agreement because of such delay. AWICIE 10. Interest of Members of end. No rrFxber of the Agency shall participate in any decisi relative to ibis agrem e-rj ' t directly, or indirectly, his personal interests. No such merber and no other officer, agent, or employee of the Ap,ency having any responsibility or function in connection with this agreement shall have any private interest, direct or indirect, in this agreement or the proceeds of this agreerrn:. ARTICLE 11. Officials Not To Benefit. I3a Member of or Delegate to the Congress of the United States of A'nerica, no Res ant Co,m ss Doer, shill be a&,Ittcd to any share on or to any benefit to arise from the sane, part of this agreement ARTICLE 12. Notices. Any action by the Agency under this reemant may be taken by Jefie er Grants Adminisretor o er person s as t e Agency rt,ay, y imit[e1 mt ce W LTe Appr- Ter, s [c o - or All notices to the p raiser shall be considered to be ro ri B~ r siled ~ sD~ specified below, or Appraiser personally to the Appraiser. Y F.i~ if rn other to the address Agency All notices or other pipers glum to the shall be considered to be sufficiently given if Led.SP stage Prepaid to -1 -C )Qn~Cit~ Mall, C D. Dew, at 215 F., McKinney treet or to such her represeitat ve or address as the T;ncY ~Y ( sTi a[L to c ra ser wr t IN WITNESS !HEREOF, the Agency and the Appraiser have executed this agreannt on or as of the date first above written. L I GL j J~CY, e ra er .,;att. G r1 ~irs1 Stf(~,~(L n TSt-rce`L net's) tyn~en1 tai --76 0 Cit Of Denton Q1Cyr"~' BY. City Manager to - 9 page 10 TElA3 --t FOrIlIn iy DSou 40 EVTON K~7A ALL Y.::N Dr THEil pMi0r,~ N, 1. Story and wife, ltertha Story, of the County or Denton, 'State of T'oxas, for nseration of the awe of Ten a%d no/100 Vollars a nd other rood and vsluable consid., atlons to us in hard paid by David Mulkey, the racetpt of which Is hereby fully ackn owledFed, and the further consldsroClor of the assumptlon and promise to pay by the Creates herein or j the balance suing on that certain promtsaory verdorra ,In note daet4 Cetobrr ld, 2 ytgo err_ tutee by the Cr*nturs, payable to the order of Denton Federal Sivinra and loco Aosxtatlon, + and no.••e particularly described in a deed free C. D, Bart and wife,•Paroia Hart,. to the rtan- 1 torn, Ind which said note fa additionally asturad by dee.l of trust from Lion lirsntorS•to k. L. pansy, trustee, for the use and benefit or sold Aasoclatton, and the lions shall hereafter constitute the first and oily lions on the tract hereinafter described, have Granted, Sold ant Conveyed, snd by thaw irosante do Grant, ::all end Convey unto the said David Hulkey of the County nr Dorton, State of Texas, All that Cartel" lot, tract or parcel or Jar.d, lalny and belne Situated Art the County or Denton, State of Texas, and being a part of the J. Brock Survey, Abstract Bo. 55; slao being e pert or a 2d.78 acre tract of land as conveyed by k'arronty 1Ned, [atel Oct. It, 1969, filedi for record Cctob.r I% 19!.9, fro" C. N. part and vtfe, la rrla Hart, to 14, A. Story and tire, f{artha, as shown of record In Vol. - )54, page 370 of the Dead Records K Denton C e cuntl•a 7ecsat 13XIC!1111C at a stake in the h9L or montlossd 28.78 acr east, 855.5 feet from the i;WC of said tract, said WC Lein tract, north g9 evzreu, SO nlnutes as mentioned In deed fros lo. C. VrlLht to t. L the sa a K:C of • LG acre- front J. +"order, dated (:arch L, 1940, and ahead of re- cord in Vol. it, par' 272, of Urn Deed Records of Denton County, Texas; TPI.Ke north, $9 decrees, 50 nlnutes east, 169).5 feet, alone fence Iine, and GDL of sald~ tract, to a stake on Bait aide or a SO ft. County road for kLC, sold corner being the Swat corner on describe! in deed dated Itoveobar 2), 19%, from fyd►r and wife, to h:. CC. Barb ' an! 0. N. Darb, sa recorded In Vol. 91, race 267, of the tied Records of Denton'ca stye Texise 1`I10.CE south 20 derreos west, with the Bait side of a public read,.aa:i beige Borbea b'SL S)1.) feat, to s ateks for SEC, Same being the Sd, of mentioned Earb tract; TUNCC South 89 deg. A) ntnutss west, and sessin,; at $)d.7 feet, the USC of David Kulkey tract, out of the To H. Dowaing Surreys contlnutrg on gold course, and passinr at 7tj feet, d 1114C of the T. H. lJeanlar Jurvey, Abstrut 366, and a re-►ntront Corner of the J. track Surrey, • Abatratt Va. 5), save bring the I13C of a 22.2 acre tract or land, as conveyed 'by deed dLed Parch 20, 1960, from V. e, Singleton to David Mulkey, ►s recorded In Vol. 2600 page of the Used Records or Denton County, Tip s; eontlauln- 417: I49+•7 fur, a state for 514; said corner balm coat on said cowa',for a total distance of l eornar being thn B4C or a small tract of land caveyed bY na David id J:ul kraerie Ou"' sCecil sold y to u11art rMe"S north, 0 degrees, t9 "t"utee east, 501.9 feet, to point or beginning, eo.stminlng in all, 19.02 acres or Iand, as surveyed by Reba.t C. Milliken, State Lieeaped Lsrd'Sureeyorr on the ground, toveaber 1952. • TO HAVri AND TO POLD the above daarrdbed pree,lsgo, t6rtther with all and aln and appurtenances thereto In snywiss belonging unto the 2,114 David h'.nike mar' the rlgL S forgivers and wt do hereby bind ourselves, our holm, axecwtors and adninlstrstorse,toa.airsnt s Srrl 1'orBverDefond all and singular th)'sald pronlsea Vito the said David Mulkey, his heirs and ualCns, against every paraon whonsosver lawfully clatainga or to O &L, the aaae, or any. part th ere or. Y Vltneas our hands it Dentonr Tesas, this 11th day of iror"bor A. 0. 29$7. 35•50 Fedr Rev. Attach. and Canc. Hrs. Martha Story TEZ 5: ATE Qk' Te:YA3 ] a COCGTf OF DSh7C6 1 63FDRY H8, the undersigned authority, a t:otsry Public, in and for Dori on , County, Texas, on this day personally appeared K. A. Story and Martha Story, his trite, both known to me to be the persons wnose names are subacrlbed to the forosoing instrument, and ac- knowledged to cse that they each executed the same for the purposes and Consideration therein e exprasard, and the said Martha Story We or the said N. A.'Story having been examined by me ; privily and apart from her husband, and havtna the same Tully explainod to her, she, the said Aarths Story acknowledged such instrument to :a her act and dead, and she de.lared that she , had willingly signed the same for the purposes and consideration therein expressed, an; that she did not wish to ivtract It. i rGiven tinder my hand and seal or orrice, This 39th day of November, A. to. 1952.. JIMIS S. Underwood, latitj Public, Sea; - Benton County, Texas FILED VCR 2ECGBD: Nov. 26th 1952 at 9'45 A H , ' r. a3C08 O's0: Jan. Sth 19$7 et 11100 A H A. J. Barnett, Clerk County Court Denton County Texas 1 • M 1 , 4 s NO. 90 -AO AN ORDINANCE AMENDING SECTION 1704 OF THE 1976 UNIFORM BUILDING CODE ADOPTED BY SECTION 5-14 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY AMENDING SECTION 1704 TO PROVIDE THAT ALL ROOF COVERINGS SHALL BE FIRE-RETARDANT; AND PROVIDING FOR AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I, Section 5-14., Deletions and Amendments, of the Code of Ordinances of the City of Denton, Texas is hereby amended by adding to Section 5-14 a new Paragraph (B) reading as follows: (B) Section 1704 of the Uniform Building Code, 1976 Edition, is deleted and amended to read as follows: Sec. 1704. ROOF COVERING SHALL BE FIRE-RETARDANT. Skylights shall be constructed as required in Chapter S Penthouses shall be constructed as required in Chapter 36. For use of plastics in roofs see Chapter 52. ' For Attics: Access and Area, see Section 3205. For Roof Drainage, see Section 3207. SECTION II. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby jirected 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 ten (10) days of the date of its passage. SECTION III. This ordinance shall become effective from and after its date of passage and publication as required by law. • ~ ' . ~L PASSED AND APPROVED this the day of 1980. aSH AOKA"Me--'~- CITY OF DENTON, TEXAS ATTESTi ! / q'-- CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORK C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: dc4ir'a. • . 1 ~oL3 (~7, C.l f t` ~ O A, O r ti f ~ , ~ 11 E i ♦ Y 1) CERTIFICATE FOR RESOLUTION APPROVING FORMATION OF DENTON RETIREMENT AND NURSING CENTER FINANCE AUTHORITY THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON I, the undersigned officer of said City, hereby certify as follows: 1. The City Council of said City convened in REGULAR MEETING ON THE 19TH DAY OF FEBRUARY, 1980, at the City Hall, and the roll was called of the duly constituted officers and members of said City Council, to-wit: Bill Nash, Mayor Roland Vela Dick Stewart Ray Stephens Bud Hensley Brooks Holt, Secretary and all of said persons were present, except the following absentees: Bill Nash, thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: RESOLUTION APPROVING FORMATION OF DENTON RETIREMENT AND NURSING CENTER FINANCE AUTHORITY was duly introduced for the consideration of said City Council and read in full. It was then duly moved and seconded that said Resolution be adopted; and, after due discussion, said motion, carrying with it the adoption of said Resolution, prevailed and carried by the following vote: AYES: All members of sp.id City Council shown present a~-ove voted "Aye." NOES: None. 2. That a true, full and correct copy of the aforesaid Resolution adopted at the Meeting described in the above and foregoing paragraph is attached to and follows this Certifi- cate; that said Resolution has been duly ricordded in said City council's minutes of said Meeting; that the above and foregoing paragraph is a true, full and correct excerpt from said City Council's minutes of said Meeting pertaining to the adoption of said Resolution; that the persons named in the above and foregoing paragraph are tffe duly chosen, qualified and acting officers and members of said City Council as indicated therein; that each of the officers and members of said City Council was duly and sufficiently notified officially and personally, in advance, of the time, place and purose of the aforesaid Meeting, and that said Resolution would be introduced and considered for adoption at said Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such pur?ose; that said Meeting was open to the public as required by law; and that public notice of the time, place, and purpo=e of said Meeting was given as required by Vernon's Ann.Civ.St. art. 6252-17, as amended. ,~7/ SIGNED AND SEALED this the 2 day of March, 1980. -46 C ty Secretary (SEAL) THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING FORMATION OF DEN':ON RETIREMENT AND NURSING CENTER FINANCE AUTHORITY WHEREAS, an application in writing seeking the incorpora- tion of a housing finance corporation under the provisions of the "T(!xas Housing Finance Corporations Act" has been filed with the City Council of the City of Denton (the "City") by at least three individuals, each of whom is a citizen of the State of Texas, of the age of 18 years or more and resi- dents of the City; Now, Therefore BE IT RESOLVED BY THE CITY COUNCIL 01' THE CITY OF DENTON: Section 1. That, the City Council of the City has found and determined, and hereby finds and determines, that it is wise, expedient, necessary, or advisable that the corporation be formed. Section 2. That, the City Council of the City hereby approves the form of articles of incorporation proposed to be used in organizing ti,e corporation, a copy of which is attached hereto as "Exhibit A", and hereby grants authority for the incorporation of the corporation. Section 3. That it is hereby officially fount and deter- mined: that a case of emergency or urgent public necessity exists which requires the holding of the meeting at which this Resolution is adopted, such emergency being that the adoption of this Resolution is necessary for the incorporation of a housing finance corporation under the "Texas Housing Finance Corporations Act"; and that the proceeds from the issuence of such corporation's bonds are needed as soon as possible and without delay for the benefit of necessary and urgently needed residentidl housing for persons of low and moderate income within the City; that said meeting was open to the public as required by law; and that public notice of the time, place, and purpose of said meeting was given r,s required by Vernon's Ann.Civ.St, art. 6252-17, as amended. Section 4. That all ordinances and Resolutions and part., thereof in conflict herewith are hereby expressly repealed in- sofar as they conflict herewith. Section 5. That this Resolution shall take effect immediately from and after its adoption, and it is accord- in-71y so resolved. ARTICLES Of INCORd'ORATION EXWIT A OF DENTON RETIREMENT AND NURSING CENTER FINANCE AUTHORITY THE STATE OF TEXAS COUNTY OF DENTON ; WE, THE UNDERSIGNED, natural persons of the age of eighteen (18) years or more, citizens of the State of Texas and residents of the City of Denton, Texas (the "City"), acting as incorporators of a public instrumentality and non-profit corporation (tt.e "Corporation") under the Texas ;lousing Finance Corporations Act, having been granted auth- ority by the governing body of the City as evidenced by the resolution attached hereto as Exhibit "b", do hereby adopt the folloding Articles of IncorporaAr.ion for the Corporation: ARTICLE ONE The name of the Corporation is Denton Retirement and Nursing Center Finance Authority. ARTICLE TWO The Corporation is a public instrumentality and non- profit corporation. ARTICLE THREE The period of duration of the Corporation is perpetual. ARTICLE FOUR The Corporation is organized exclusively for charitable purposes, including, for such purposes, the making of distributions to organizations that qualify as exempt organizations under Section 501(c)(3) of the Internal Revenue Code of 1954, as amended (oc the corresponding provision of any future United States Internal Revenue Law). The •t Corporation is organized solely to carry out the purposes of the Texas Housing Finance Corporations Act, i.e., exclusively for the purpose of benefiting and accomplishing a public purpose of, and on behalf or, the City, oy financing tha cost of residential development that will provide decent, safe and sanitary housing for residents of the City at prices they can afford. It has been determined and declared by the Legislature of the State of Texas that such residential develop:ent will (a) provide for and promote the public health, safety, morals, and welfare; (b) relieve conditions of unemployment and encourage the increase of industry and commercial activity and economic development so as to reduce the evils attendant upon unemployment; (c) provide for efficient and well-planned urban growth and development including the elimination and prevention of potential urban blight and the proper coordination of industrial facilities with public services, mass transportation and residential development; (d) assist persons of low and moderate income in Acquiring and owning decent, safe and sanitary housing which they can afford; and (e) preserve and increase ad valorem tax bases of local governmental units; and the foregoing have been determined and declared by the Legislature of the State of Texas to lessen the burden of government and to be public purposes and functions. ARTICLE FIVE The Corporation shall not have the power to make or acquire home mortgages or make loans to lending institutions under the Texas Housing Finance Corporations Act. ARTICLE SIX The Corporation has no members. ARTICLT SEVEN These articles of incorporation may at any time and from time to time be amended so as to make any changes therein and add any provisions thereto which might have been included in the articles of incorporation in the first instance. Any such amendment shall be effected in either of the following manners: (i) the members of the board of directors of the Corporation shall file with the governing body of the City an application in writing seeking permission to amepd the articles of incorporation, specifying in such application tye amendment proposed to be made, such governing body shall consider such application and, if it shall by appropriate resolution duly find and determine that it is wise, expedient, necessary or advisable that the proposed amendment be made and shall authorize the same to be made, and shall approve the form of the proposed amendment, then the board of directors of the Corporation may amend the articles of incorporation by a adopting such amendment at a meeting of the board of di- rectors and delivering articles of amendment to the Secretary of State, or (ii) the governing body of the City may, at its sole discretion, and at any time, alter or change the structure, organization, programs, or activities of the Corporation (in- cluding the power to terminate the Corporation), subject to any limitation on the impairment of contracts entered into by the Corporation, by adopting an amendment to the articles of incorporation of the Corporation at a meeting of the governing body of the City and delivering articles of amendment to the Secretary of State. ARTICLE. EIGHT The street address of the initial registered office of thj Corporation is 215 E. McKinney Street, Denton, 'T'exas 76201 and the name of its initial registered agent at such address is Brooks Holt. ARTICLE NINE The affairs of the Corporation shall be managed by a board of directors which shall be composed in its entirety of persons appointed by the governing body of the City. The number of directors constituting the initial board of directors is three (3). The names and addresses of the persons who are to serve as the initial directors, and the dates of expiration of their initial terms as directors, are as follows: DATE OF EXPIRATION OF NAMES ADDRESSES TERM G. Chris Hartung 2217 Woodbrook, Denton, Texas 76201 2-19-83 William H. McVary 2016 Locksley Lane, Denton, Texas 76201 2-19-83 William K. Cole 1213 Windsor Driva, Denton, Texas 76261 2-19-83 Each of the initial directors resides within the City. Each director, including the initial directors, shall be eligible for reappointment. Directors are removable by the governing body of the City, for cause or at will, and must not be appoint- ed for a term in excess of six (6) years. Any vacancy occurring on the board of directors through death, resignation, or other- wise, shall be filled by appointment by the governing body of the City to hold office until the expiration of the term for which the vacating director had been appointed. ARTICLE TEN The name and street address of each incorporator is: Name Address G. Chris Hartung 2217 Woodbrook, Denton, TX 76201 William H. McNary 2016 Locksley Lana, Denton, TX 76201 William K. Cale 1213 Windsor Drive, Denton, TX 76201 Each incorporator resides within the City. ARTICLE ELEVE14 A resolution approving the form of these articles of incorporation has been duly adopted by the governing body of the City. The date of the adoption of such resolution is February 19, 1980. A copy of the resolution is attached hereto as Exhibit A. ARTICLE TWELVE No dividends shall ever be paid by the Corporation, and no part of its net earnings (beyond that necessary for re- tirement of the indebtedness of the Corporation or to imple- ment the public purpose of the City for which the Corporation has been created) shall be distributed to or inure to the benefit of its directors or officers or any private person, firm, corpora- tion, or association except in reasonable amounts for services rendered. No substantial part of the Corporation's activities shall, be carrying on propaganda, or otherwise attempting to influence legislation, and it shall not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of or in opposition to any candidate for public office. ARTICLn TE."TEEP If the Corporation ever should be dissolved when it has; or is entitled to, any interest in any funds or property of any kind, real, personal, or mixed, such funds or property or rights thereto sht.ll not be transferred to private ownership, bt,t shall be transferred and delivered to the City, after satisfaction or provision for satisfaction of debts and claims. IN WITNESS WHEREOF, we have hereunto set our hands, this /49day of 112~✓ , 1906. Q 4- 4 id, Incorporators THE STATE OF TEXAS COUNTY OF DALLAS I, the undersigned, a Notary Public, do hereby certify that on this 19th day of February, 1980, personally appeared before me G. Chris Hartung, William H. McNary and William K. Cole, who, each being by me first duly sworn, severally declared that they are the persons who signed the foregoing document as incorporators, and that the statements therein contained are true. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year above written. Notary Pubrlic in and or County, Texas 7 .a r~ (NOTARY PUBLIC SEAL) My Commission Expires: I-N NO. kO AN ORDINANCE AMENDING APPENDIX At CHAPTER THIRTEEN, PART It ARTICLE 13.07(E) OF THE CITY OF DENTON CODE OF ORDINANCES, AS AMENDED, ENTITLED "UNIMPROVED STREETS ADJOINING SUBDIVISIONS", BY PROVIDING FOR A DEFINITION OF UNIMPROVED STREETS AND GUIDE- LINES FOR IMPROVEMENT AND PAYMENT OF SUCH STREETS, PROVIDING FOR TFO RLPe.AL OI' ALL ORDINANCES OR PAk1'S OF ORDINANCES IN CONFLICT HEREWITHI PROVIDING FOR A SEVERABILITY CLAUSE1 AND DECLARING AN EFFECTIVE DATE. SECTION I. That Appendix At Chapter 13, Part IF Article 13.07(e) appearing in the City of Denton Code of Ordinances, as amended, be and the same is hereby amended so that it shall read as follows: "(e) UNIMPROVED STREETS ADJOINING SUBDIVISIONS (1) As used herein, the term "unimproved street" shall mean a public thoroughfare without paved curb and gutter which affords acce3s by vehicles and pedestrains to abutting property. (2) Upon any land being subdivided or otherwise developed in area adjacent to existing unimproved streets (excluding state or federal highways), the developer shall bear half the total cost of paving and installing curb and gutter for all such unimproved streets adjoining the area being subdivided or otherwise developed. Provided, however, that the City Council may either waive or postpone this requirement in the manner as set forth below. (3) For the following listed developments, the City Council may waive the required improvement, of an unimproved street by the developer after considering such factors as, (1) the extent of existing and anticipated develop- ment in the area; (2) the amount of anticipated vehicular and pedestrian traffics and (3) the current condition of the unimproved streets under consideration: (a) single family development not exceeding three (3) acres in size or three (3) lotst or (b) industrial development not exceeding three (3) acres in size or two (2) lots. (4) In all developments, the City Council may postpone the required improvements of an unimproved street by the developer should it be determined that such improve- ments are not feasible or desirable at the time of development. If such improvements are postponed, the developer shall either: (a) post an approved performance bond acceptable to the City for one and one-half of the current estimated cost of construction and enter into a written agreement with the City obligating the developer to pay for such costal or (b) place his pro-rata share (half the total cost of paving and installing curb and gutter for the unimproved street) in an escrow account with a Denton bank acceptable to the City and enter into a written agreement obligating the developer to pay such pro-rata share. Said interest from such an escrow account shall be _ made payable to the City to offset inflationary costs of construction. until such time as the improvements are deemed neces- sary by the City Council or for no more than four (4) years. SECTION II. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of compett.nt jurisdiction, such holding shall not affect the validity of the remaining portion!; of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such a remaining portions despite any such invalidity. SECTION III. That all ordinances or parts of ordinances in force when the provisions of this ordinance become effective which are inconsistent or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. PASSED AND APPROVED this the day of ~llL A. D. 1980. CITY OF DENTON, TEXAS ATT BROOMIOLTO CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL PORM C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY., 4 34 A UK Lft=q do -+9 ~r k~. y CV a j j P { 0-1 t ~r 5 ~ 1 ~ j 1, NO, pG -140 AN ORDINANCE REPEALING SECTION 24-150 OF CHAPTER 24, ARTICLE V, OF THE CITY OF DENTON CODE OF ORDINANCES, AS PAFNnEm, E:.TITLEn "PAYMENT OF FINES ON DATE OF VIOLATION"; PROVIDING FOR SEVER- ABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES OR PARTS THEREOF= P.ND DECLARING AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That Chapter 24, Article V, Section 24-150 of the City of Denton Code of ordinances, as amended, enacted by Ordinance No. 72-54, Part I on November 21, 1972, as amended, be and the same is hereby repealed. SECTION II. That the repeal of this section shall not affect or impair any act done or right vested or accrued before such repeal shall take effect. SECTION III. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any coutt of competent, jurisdiction, such holding shell not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION IV. That all ordinances or parts of ordinances in force when the provisions of this ordinance become effective which ara Inconsistent or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict, SECTION V4 Any person who shall violate a provision of this ordinance, or fails to comply therewith or s+ith any of the requirements thereof, or of a permit or certificato issued thereunder, shalt. be guilty of `a misdemeanor punishable by a fine not less than mr~rsr~~t~ ~ . One Dollar ($1.00) nor more than Two Hundred Dollars ($200.00). Each such person shall be deemed guilty of a separat3 offense fo: each and every day or portion thereof during which any violation of any of the provisions of this ordinance is committed, or continued, and upon conviction of any such violations such person shall be punished within the limits above. SECTION VI. 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 ter. (10) days of the date of its passage. PASSED AND APPROVED this the day of /~4414. , 1980. LI, NASH, MAYOR CITY OF DENTON, TEXAS ATTES OOXI W O OKS BOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS i I~ 15 8C 18 I~ mill R ap • Cj b r^ `?y ~ ' 4 'tl fit 1 r la y, 'f r 14 • 1 V ~ iJ ~ 1 NO. ~O~f7 AN ORDINANCE AMENDING SECTION 24-144(b) OF CHAPTER 249 ARTICLE V, OF THE CITY OF DENTON CODE OF ORDINANCES,AS AMENDED, ENTITLED "SUSPENSION OF PARKING METER SPACES; FEE"; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES OR PARTS THEREOF; PROVIDING A PENALTY THEREFOR; AND DECLARING AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That Chapter 24, Article V, Section 24-144(b) of the City of Denton Code of Ordinances, as amended, be and the same is hereby amended to read as follows: "Section 24-144(b) (b) A fee of five dollars ($5.00) per day shall be charged tb the person requiring the temporary suspension of a parking meter for each day such suspended meter would otherwise be in operation." SECTION II. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumst,rnces 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 all ordinances or parts of ordinances in force when the provisions of this ordinance become effective which are inconsistept or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. SECTION IV. Any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the requirements thereof, or of a permit or certificate issued thereunder, shall . be guilty of a misdemeanor punishable by a fine not less t-han One Dollar ($1.00) nor more than Two Hundred Dollars ($200.00).Eact, such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this ordinance is I committed, or continued, and upon conviction of any suoh violations such person shall be punished within the limits above. SECTION V. 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 ten (10) days of the date of its passage. - / PASSED AND APPROVED this the ~ day of //of , 1980. X~le_ LL ASH, MAYOR CITY OF DENTON, TEXAS ATT LZ PJWWOKS HOLT, IT SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY AT'T'ORNEY CIT1 OF DENTON, TEXAS 4 7 ~ YS go• ~'1 rnr..~r.,awsrr~ A• Xod 1 ~ rr 1 1 ;.1 as 1 1 1 f¢ NO. IS AN ORDINANCE AMENDING SECTION 24-143 OF CHAPTER 24, ARTICLE V, OF THE' CITY OF -WENTON CODE OF ORDINANCES, AS ANtNDED, ENTITLED "PARKING IN METER ZONES" AND PROVIDING FOR THE DEPOSIT OF COINS, OVERTIME PARKING, PARKING ADJACENT TO EXPIRED METERS, DEPOSITS TO EXTEND TIME, AND HOURS OF OPERATION; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF CONFLICTING ORDIN- ANCES OR PARTS THEREOF; PROVIDING FOR PENALTIES; AND DECLARING AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That Chapter 24, Article V, Section 24-143 of the City of Denton Code of Ordinances, as amended, be and the same is hereby amended to read as follows: "Section 24-143. (a) During the period when the parking time limit is in effect and the deposit of an appropriate coin in the parking ' meter is required, the owner or driver of a vehicle shall upon entering the parking meter space, immediately deposit an appropriate coin of the United States in the parking meter along side of the parking spas.:, and the parking space may then be used by the vehicle for the period of time shown by the indicator on the dial of the parking meter. (b) If a vehicle is found parked or standing in a parking meter space, and the parking meter displays a signal showing the lawful parking period has expired, the vehicle is illegally parked at the parking space. (c) During the period when the time limit Is in offect and the deposit of an appropriate coin in the parking meter is required, a person shall not permit a vehicle under his control to remain in any parking space which is alongside of or next to a parking meter while such meter is displaying a signal indicating illegal parking. (d) It shall be unlawful for any person to deposit or cause to be deposited in a parking meter a coin for the purpose of r parking a vehicle alongside of a parking meter for a period longer than the parking time limit. (e) The provisions of this section shall apply and be effective between the tours oZ 8:00 a.m. and 6:00 p.m, on everyday except Sundays and legal holidays observed by the city." SECTION II. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the 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 all ordinances or parts of ordinances in force when the provisions of this ordinance become effective which are inconsistent or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. SECTION IV. Any person who shall violate a provision of this ordinance, or falls to comply therewith or with any of the requirements thereof, or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a fine not less than One Dollar ($1.00) nor more than Two Hundred Dollars ($200.00). Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any vio- lation of any of the provisions of this ordinance to committed, or continued, and upon conviction of any such violations such person shall be punished within the limits above. SECTION V. That this ordinance shall become effective fourteen (14) days from the date of its passago, 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 ten (10) days of the date of its passage. PASSED AND APPROVED `this the day of , 1980. r/A LL ASH, MAYOR CITY OF DENTON, TEXAS ATTEST: Aot;t~ / KS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: 4 I ~op Co e4d t r r i v Ef h NO. dID - AN ORDINANCE AMENDING SECTION 24-149 OF CHAPTER 24, ARTICLE V OF THE CITY OF DENTON CODE OF ORDINANCES, AS AMENDED, ENTITLED "DUTY OF POLICE AS TO VEHICLES PARKED OVERTIME IN METER ZONES"= PROVIDING A SEVERABILITY CLAUSE.; PROVIDING FOR REPEAL OF CON- FLICTING ORDINANCES OR PARTS THEREOF; PROVIDING FOR PENALTIESI AND DECLARING AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS SECTION I. That Chapter 24, Article V, Section 24-149 of the City of Denton Code of Ordinances, as amended, be and the same is hereby amended to read as follows: "Section 24-149. A police officer issuing a citation for Illegal parking under this division shall take the number and location of the meter at which a vehicle is illegally parked, the state vehicle license number of such vehicle, the make of the vehicle, the time and date of the illegal parking, and issue in writing, on a form provided by the city, notice to answer the charge of illegal parking within ten (10) days, during the hours, at the place specified in the notice. Such notice shall be placed in a conspicuous place upon such vehicle." SECTION II. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the 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 all ordinances or parts of ordinances in force when the provisions of this ordinance become effective which are Incon- sistent or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. SECTION IV. Any persor who shall violate a provision of this ordinance, or fails to comply therewith or with any of the requirements thereof, or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a fine not less than One Dollar ($1,00) nor more than Two Hundred Dollars ($200.00). Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this ordinance is committed, or continued, and upon conviction of any such violations such person shall be punished within the limits above. SECTION V. That this ordinance shall become effective fourteen (14) s 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 ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 1980. IL 'A-Sr, YOR CITY OF DENTON, TEXAS ATTES 5MMS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C, J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BYt f F }•r~-IL w cV -r~ -p 4 x ~ i u NO. 0 - 3 AN ORDINANCE AMENDING IN ITS ENTIRETY SECTION 24-131 OF CHAPTER 24, ARTICLE V OF THE CITY OF DENTON CODE OF ORDINANCES, AS AMENDED, TO BE ENTITLED "IMPOUNDMENT OF VEHICLES" AND PROVIDING FOR THE AUTHORITY TO REMOVR VEHICLES, TOWING AND STORAGE FEES, NOTICE OF REMOVAL, AND REDEMPTION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES OR PARTS THEREOF; PROVIDING FOR PENALTIES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That Chapter 24, Article V, Section 24-131 of the City of Denton Code of Ordinances, as amended, be and the same is hereby amended to read as follows: "Section 24-131, (a) Any police officer of the City of Denton is hereby authorized to remove and tow away or cause to he removed and towed away by a commercial towing service, any vehicle from a street or roadway within the corporate limits of the city to a place designated or maintained by the police department when: (1) A vehicle upon a street or roadway is so disabled that its normal operation is impos- sible or impracticable and the person or persons in charge of the vehicle are Incapaci- tated by reason of physical injury or other reason to such an extent as to be unable to provide for its removal or custody, or are not in the immediate vicinity of the disabled vehicle; (2) the vehicle is left unattended upon a bridge, viaduct, or in a tunnel or underpass; (3) the vehicle is illegally parked so as to block the entrance to any private driveway; (4) the vehicle is found upon a street, and a report has been made that the vehicle has been stolen or a complaint has been filed and a warrant issued charging that the vehicle has been unlawfully taken from the owner; (5) the police officer has reasonable grounds to believe that the vehicle has been abandoned; (6) a vehicle is left unattended In a loading zone and is not authorized to be parked in such loading zone, and the permittee of such loading zone has requested the removal of said vehicle; (7) a u-ihicle is left unattended upon a street or eo,sjment of the City and the police officer has reiaon to believe that the vehicle Immediately a s urrvau and substantially interferes with the normal function of city employees or its agents in maintaining, constructing or repairing a city street or utill'; line; (8) a vehicle, except an authorized emergency vehicle, is illegally parked in or upon a fire lane required by tae city ofnd conspicuously designated as a fire lan3 in compliance with said requirements; (9) a police officer arrests any person driving or in control of a vehicle for an alleged offense and the police officer is by law required to take the person arrested immediately before a magistrate; (10) a vehicle is left unattended upon a street and by reason of any catastrophe, emergency or unusual circumstance, the safety of the vehicle is imperiled; (11) the vehicle is standing, parked or stopped in violation of the parking ban regulations or any other provision of this chapter or State law; (12) the owner or operator of a vehicle does not appear in response to three (3) or more traffic citations affixed to a motor vehicle owned by him and a summons or warrant for his arrest has been issued but not served, a police officer is authorized to remove the vehicle from a street when such vehicle is next found left unattended in violation of the parking ban regulations or any other provision of this chapter or state law. (b) A police officer may, at his discretion, with the express permission of an arrested person, leave an arrested person's vehicle at the scene of the arrest or other location. In these instances, the arresting officer shall insure that the • vehicle is legally parked and locked. (c) Subject to the provisions of Section 24-131.1 of this code pertaining to disposition of impounded property by the city, a vehicle removed and towed under the authority of this section shall be kept at the place designated by the police department until application for redemption is made by the owner or his authorized agent or other person legally entitled to possession of the vehicle. The police department shall require adequate proof of ownership or proof of the right to possession of the vehicle. The police department shall charge fees for towing and storage of vehicles as prescribed by the City Council: POLICE INITIATED TOWING SERVICE - PACE 2 8r'l, (1) Towing Fees - as established by the Towing Service Ordinance, as amended; (2) Storage Fees - (a) Less than seventy-two (72) hours, no charge; (b) more than seventy-two hours, Two Dollars and Fifty Cents ($2,S0) per day or portion thereof. (d) Whenever the police department takes into custody a vehicle removed from the streets under the authority of this section, it shall attempt to ascertain the name and last known address of the registered owner as provided by the state highway department, and if the vehicle impounded has not been reclaimed within twenty-four (24) hours of the time of its impoundment the police department shall notify, by certified mail, return receipt requested, the last known owner of the vehicle and all lien holders of record pursuant to the Certificate of Title Act, as amended (Article 6687-1, Vernon's Texas Civil Statutes Annotated) that the vehicle has been taken into custody. The notice shall describe the year, make, model, and vehicle identification number, set forth the location of the facility where the vehicle is being hold, the reasons for the removal, inform the owner and any lien holders of their right to reclaim the vehicle within thirty (30) days after the date of notice upon payment of all towing and storage charges resulting from placing the vehicle in custody. Further, the said notice shall state that the failure of the owner or lien holders to exercise their right to reclaim the vehicle within the time provided shall be deemed a waiver by the owner and all lien holders of all right, title and interest in the vehicle and their consent to the sale of the vehicle at a public auction. (e) If the identity of the last registered owner cannot be determined, or if the registration contains no address for the owner; or if it is impossible to determine with reasonable certainty the identity and addresses of all lien holders, notice by one publication in one newspaper of general circulation In the area where the vehicle was removed shall be sufficient to meet all requirements of notice pursuant to this section. Any such notice shall be within ten (10) days of the date of removal POLICE INITIAT$O TOWING SERVICE • PAGE 3 and shall have the same contents required for a notice by certified mail. Further, the police department shall send or cause to be sent a written report of such removal by mail to the state highway department. Such notice shall have the same contents required for a notice by certified mail. (f) A person commits an offense if he removes or attempts to remove a vehicle from a city pound locntion without first paying the towage and storage fees which have accrued on the vehicle. (g) The police department shall release a vehicle without payment of towage or storage fees under the following circum- stances: (1) A vehicle taken into protective custody when the incident did not involve an arrest, violation, or automobile accident; • (2) Subsequent investigation results in a determination that there was no violation of the Texas Motor Vehicle Laws or the City of Denton Code of Ordinances or that the arrested person did not commit a criminal offense. ^(h) Upon payment of all towage and storage fees, a vehicle impounded by the police department pursuant to the enforcement of the provisions of this code may be released to the lien holder, or his authorized agent, holding a valid and existing mortgage lien on the vehicle impounded; provided, the mortgage lien holder complies with the following requirements: (1) Furnish the police department, for its inspection: (a) The mortgage lien contract or a certified copy thereof, specifying that u on default of the mortgagor the mortgagee is entitled to possession of such vehicle; (b) The certificate of title with the lien appearing thereon. (2) Furnish to the police department an affidavit stating that he holds a lien on the vehicle impounded, that the mortgagor has defaulted; that the mortgage lien holder desires possession and is entitled to possession of such vehicle under a valid Court order; and agrees to indemnify and hold harmless the city, its police department and its employees or agents upon delivery to him of the vehicle. POLICE INITIATED TOWING SERVICE - PAGE 4 ;0-~3 (i) The City of Denton shall make a refund of all towage and storage fees to the registered owner or lienholder or other person legally entitled to possession of the vehicle if the municipal court, or other court of competent jurisdiction, determines that the impoundment of the vehicle was improper. Application for a refund shall be on forms prepared by the City Attorney's Office." (j) When a vehicle is authorized to be towed away, the police department shall keep and maintain a record of the vehicle towed, listing the color, year, make, model, vehicle identification number and license plate number and year displayed on the vehicle. The record shall also include the date of tow, by what commercial towing service, location towed from, location towed to, reason for towing, the name of the officer authorizing the tow and copies of all notices to owners or lienholders. SECTION II. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is hold 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 all ordinances or parts of ordinances in force when the provisions of this ordinance become effective which are inconsistent or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. SECTION IV. Any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the requirements thereof, shall be guilty of a misdemeanor punishable by a fine POLICE INITIATED TOWING SERVICE - PAGE S $ 0 J-5 not less than One Dollar ($1.00) nor more than Two Hundred Dollars ($200.00). Each such person shall be deemed guilty of a separate offense fc. cach and e}~.ry dey or portion thereof during which any violation of any of the provisions of this ordinance is committed, or continued, and upon conviction of any such violations such person shall be punished within the limits above. SEC:'ION V. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the 4 day of //l~ , 1980. BILW-NASH, MAYOR CITY OF DENTON, TEXAS ATTES 46XS HOLT$ CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TE AS BY., • POLICE INITIATED TONING SERVICE - PAGE 6 go-ii k C a 14 C Of 1 J ^A ~AV "P E tl a. l t NO. d0' J AN ORDINANCE AMENDING SECTION 24-131.1 OF CHAPTER 24, ARTICLE V, OF THE CITY OF DENTON CODE OF ORDINANCES, AS AMENDED, ENTITLED "DISPOSITION OF IMPOUNDED PROPERTY" AND PROVIDING FOR AUTHORITY TO SELL, METHOD OF SALE, TIME AND PLACE OF SALE, RECORDS, LIEN ON MOTOR VEHICLES, CLAIM BY OWNER PERMITTED, AND PURCHASE BY OFFICERS AND EMPLOYEES PROHIBITED; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES OR PARTS THEREOF; AND DECLARING AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF DENTON TEXAS, HEREBY ORDAINS: SECTION I. That Chapter 24, Article V, Section 24-131.1 of the City of Denton Code of Ordinances, as amended, be and the same Is hereby amended to read as follows: "Section 24-131.1. (a) AUTHORITY TO SELL. In the event that any Impounded property remains unclaimed with the city for a period of thirty (30) days, whether or not the owner or lien holder is known, it may be sold by the city in the manner provided by tl►is section. Items of personal property, the sale of which is restricted by criminal law, are not subject to the provisions of this section. (b) METHOD OF SALE, All sales of impounded property shall be by public auction, and sold to the highest bidder. The director of purchasing shall conduct such auction sales, and if in the opinion of the director of purchasing the highest bid on a particular item is not sufficient he may refuse the bid and hold the item for sale at another time. (c) TIME AND PLACE OF SALEf NOTICE, After determining the time and place for a public auction, the director of purchasing shall give notice of the auction by: (1) advertising in the official newspaper of the city for three (3) consecutive days, the last publication date to be not less than seven (7) days immediately before the date of the auction] and (2) post notice of such auction sale in three (3) public places within the City of Denton not less than seven (7) days immediately pre- ceeding the sales and (3) the notice of the public auction shall contain the exact time and place of the auction and a description list of the property to be sold. (d) RECORDS. The director of purchasing shall keep accurate records of all sales and shall submit reports to the finance department containing; (1) a descriptive list of all items sold; and (2) the time and place of the sale] and (3) the price paid for the items. All funds received for sales must be delivered to the finance department who shall deposit the funds to the credit of the appropriate fund. (e) LIEN ON MOTOR VEHICLES. The city shall have a lien on all impounded motor vehicles for the towing expense and storage charges as provided in Section 24-131 of this code. The lien is superior to all other liens and claims except liens for ad valorem taxes and may be satisfied by sale of the motor vehicle. (f) CLAIM BY OWNER PERMITTED. In the event that the owner of an impounded vehicle shall claim the same at or before the auction sale as provided herein, possession of such property shall be given to such owner upon payment of all towing and storage charges as provided in section 24-131 of this code. (g) PURCHASE BY OFFICERS AND EMPLOYEES PROHIBITED. An officer or employee of the City shall not, directly or Indirectly, submit a bid for, purchase, or acquire ownership of, personal property sold pursuant to the provisions of this section. in addition to other penalties, an officer or employee who violates this section forfeits his office or employment." SECTION II. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the 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. . d g G i L1 SECTION III. r That all ordinances or parts of ordinances in force when the provisions of this ordinance tecome e'fe^t'_ve which are inconsistent or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. 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 ten (10) days of the date of its passage. i PASSED AND APPROVED this the day of , 1980. L AS , OR CITY OF DENTON, TEXAS ATTEM KS HOLT, CITY SECRETARY CITY OF DENTON# TEXAS APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BYt nd -C i ~~qq T C O i i s a CERTIFICATE FOR RESOLUTION AUTHORIZING AND-APPROVING THE CREATION r OF A NONPROFIT INDUSTRIAL DEVELOPMENT CORPORATION TO ACT ON KNALF OF THE CITY OF DENTON, TEXAS THE STATE OF TEXAS ; COUNTY Of DENTON = CITY OF DENTON We, the undersigned officers of said City, hereby certify as follows: 1. "tic City Council cof said City convened in t REGULAR MEETING ON THE .J! DAY Of M~~t , 1980, at the Municipal Building, and the roll was called of the duly constituted officers and members of said City Council, to-wit: and all of said persons were present, except the following absentees; t~,,,)E thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written RESOLUTION AUTHORIZING AND APPROVING THE CREATION OF A NONPROFIT INDUSTRIAL DEVELOPMENT CORPORATION TO ACT ON BEHALF OF THE CITY OF DL-NTON, TEXAS was duly introduced for the consideration of said City Council and read in full. It was then duly moved and seconded that said Resolution be adopted; and, after due discussion, said motion, carrying with it the adoption of said Resolution, prevailed and carried by the following vote: AYES: All members of said City Council shown present above voted "Aye". NOES: None. 2. That a true, full, and correct copy of the aforesaid Resolution adopted at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Resolution has been duly recorded in said City Council's minutes of said meeting; that the above and foregoing paragraph is a true, full, and correct excerpt from said City Council's minutes of said Meeting pertaining to the adoption of said Reso- lution; that the persons named in the above and foregoing para- graph are the duly chosen, qualified, and acting officers and members of said City Council as indicated therein; and that each of the officers and members of said City Council was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the aforesaid Meeting, and that said Resolution would be introduced and considered for adoption at said Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose; and that said Meeting was open to the public, and public notice of the time, place, and purpose of said Meeting was given, all as required by Vernon's Ann. Civ. St. Article 6252-17. 3. That the Mayor of said City has approved, and hereby approves, the aforesaid Resolution; that the Mayor and the City Clerk of said City have duly signed said Resolution; and that the Mayor and the City Clerk of said City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Resolution for all purposes. SI h~V~ day of 0. JO' City Secretary or Y RESOLUTION AUTHORIZING AND APPROVING THE CREATION OF A NONPROFIT INDUSTRIAL DEVELOPMENT CORPORATION TO ACT ON BEHALF OF THE CITY OF DENTON, TEXAS WHEREAS, an application in writing requesting the au- thorization and approval of the creation of a nonprofit industrial development corporation to act on behalf of the City of Denton, Texas, under the provisions of the "De- velopment Corporation Act of 1979" has been filed with the governing body of the City of Denton, Texas, (being its City Council) by at least three natural persons, each of whom is at least 18 years of age, and each of whom is a qualified elector of the city of Denton, Texas; and r WHEREAS, the City of Denton, Texas, is a duly in- corporated Home Rule City, having more than 5000 inhabitants operating and existing under the Constitution and laws of the State of Texas and the duly adopted Home Rule Charter of said City. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, Section 1. That, the governing body of the City of Denton, Texas, has found and determined, and hereby finds and determines, that said application is in proper form and that it has been signed by at least three natural persons, each of whom is at least 11 years of age, and each of whom is a quali- fied elector of the City of Denton, Texas. Section 2. That, the governing body of the City of Denton,_ Texas, has found and determined, and hereby finds and determines, that it is advisable that a nonprofit industrial development corporation be authorized and created, with such nonprofit industrial development corporation to be known as "City of Denton, Industrial Development Authority". Section 3. That, the governing body of the City of Denton, Texas, hereby approves the Articles of Incorporation and the Bylaws proposed to be used in organizing the nonprofit industrial development corporation (copies of which were at- tached to the above-described application and copies of which are attached to this Resolution and made a part hereof for all purposes) and hereby grants authority for the incorporation of the nonprofit industrial development corporation, and the initial directors named in said Articles of Incorporation shall be deemed to have been appointed, and are hereby appoint- ed, as the initial directors by the governing body of the City of Denton, Texas. Section 4. That, the public purposes of the City of Denton, Texas, which the nonprofit industrial development corporation may further on behalf of the City of Denton , Texas, are the promotion and developr:snt of commercial, in- dustrial, and manufacturing enterprises to promote and en- courage employment oand the public welfare. Section 5. That, the nonprofit industrial development orporation is hereby authorized to agree with any person, firm, corporation, or other entity to issue bonds, in accor- dance with and subject to the provisions of the Development Corporation Act of 1979, not to exceed $10,000,000 in prin- cipal amount for any one project, unless a greater principal amount specifically is approved by resolution of the govern- ing body of the City of Denton, Texas, for the purpose of the promotion and development of any commercial, indus- trial, or manufacturing enterprise, and all such agreements are hereby approved. ARTICLES OF INCORPORATION OF CITY OF DENTON INDUSTRIAL DEVELOPMENT CORPORATION THE STATE OF TEXAS : CUUN17Y OF' DEN7ON WE, THE UNDERSIGNED natural persons, not less than three in number, each of whom is at least 18 years of age, and each of whom is a qualified elector of the City of Denton, Texas, (which is a duly incorporated Home Rule City, having more than 5000 inhabitants, operating and existing under the Constitution and laws of the State of Texas and the duly adopted Home Rule Charter of said City), acting as incorporators of a public instrumentality and nonprofit in- dustrial development corporation (the "Corporation") under the "Development Corporation Act of 1979", with the approval of the governing body of the City of Denton, Texas, as evidenced by the Resolution attached hereto and made a part hereof for all purposes, do hereby adopt the following Arti- cles of Incorporation for the Corporation: ARTICLE ONE The name of the Corporation is City of Denton, Industrial Development Authority. ARTICLE TWO The Corporation is a nonprofit corporation, and is an indu-strial development corporation under the Development Corporation Act of 1979. ARTICLE THREE The period of duration of the Corporation is perpetual. ARTICLE FOUR The Corporation is organized exclusively for the purposes of benefiting and accomplishing public purposes of, and to act on behalf of, the City of Denton, Texas, and the specific purposes for which the Corporation is organized and may issue bonds on behalf of the City of Denton, Texas, are the promotion and development of commercial, industrial, and manufacturing enterprises to promote and encourage employment and the public welfare, pursuant to the Development Corporation Act of 1979. The Corporation is a constituted authority and a public instrumentality within the meaning of the regulations of the United States Treasury Depar*.ment and the rulings of the Internal Revenue Service prescribed and promulgated pursuant to Section 103 of the Internal Revenue Code of 1959, as amended, and the Corporation is authorized to act on behalf of the City of Denton, Texas, as provided in these Articles of Incorporation. However, the corporation is not a political subdivision or political corporation of the State of Texas within the meaning of its constitution and laws, including without limitation Article III, Section 52, of said constitution, and no agreements, bonds, debts, or obligations of the Corporation are or shall ever be deemed to be the agreements, bonds, debts, or obliga- tions, or the lending of credit, or a grant of public money or thing of value, of or by the City of Denton, Texas, or any other political corporation, subdivision, or agency of the State of Texas, or a pledge of the faith and credit of any of them. ARTICLE FIVE The Corporation has no members and is a nonstock cor- poration. ARTICLE SIX These Articles of Incorporation may at any time and from time to time be amended as provided in the Development Corporation Act of 1979 so as to make any changes therein and add any provisions thereto which might have been includ- ed in the Articles of incorporation in the first instance. Any such amendment shall be effected in either of the ing manners: (i) the members of the board of directors of the Corporation shall file with the governing body of the City of Denton, Texas, a written application requesting approval of the amendments to the Articles of Incorporation, specirying in such application the amendments proposed to be made, such governing body shall consider such application and, if it shall by appropriate resolution duly find and determine that it is advisable that the proposed amendments be made and shall approve the form of the proposed amendments, then the board of directors of the Corporation may amend the Articles of Incorporation by adopting such amendments at a meeting of the board of directors and delivering articles of amendment to the Secretary of State, or (ii) the governing body of the City of Denton, Texas, may, at its sole discretion, and at any time, amend these Articles of Incor- poration, and alter or change the structure, organization, programs, or activities of the Corporation, or terminate or dissolve the Corporation (subject to the provisions of the Development Corporation Act of 1979, and subject to any limitation provided by the constitutions and laws of the State of Texas and the United States of America on the impairment of contracts entered into by the Corporation) by written resolution adr)pting the amendment to the Articles of Incorporation of the Corporation or articles of dissolution at a meeting of the governing body of the City of Denton, Texas, and delivering articles of amendment or dissolution to the Secretary of State, as provided in the Development Corporation Act of 1979. Restated Articles of Incorporation may be filed with the Secretary of State as provided in the Development Corporation Act of 1979. ARTICLE SEVEN The street address of the initial registered office of the Corporation is: Municipal Building, 213 E. McKinney, Denton, Texas 76201 , and the name of its initial registered agent at such address is ARTICLE EIGHT The affairs of the Corporation shall be managed by a board of directors which shall be composed in its entirety of persons appointed by the governing body of the City of Denton i_ Ter.3s. The number of directors cunctituting the initial board of directors is three. The names and street addresses of the persons who are to serve as the initial directors, and the dates of expiration of their initial terms as directors, are as follows: DATE OF EXPIRATION OF NAMES ADDRESSES TERM Each of the initial directors resides within the City of _ Denton, Texas. Each director, including the initial directors, shall be eligible bbr reappointment. Directors are removable by the governing body of the City of Denton, Texas, for cause or at will, and must not be appointed for a term in excess of six years. The directors shall serve as such without compensation except that they shall be reim- bursed for their actual expenses incurred in the performance of their duties as directors. Any vacancy occurring on the board of directors through death, resignation, or otherwise, shall be filled by appointment by the governing body of the City of Denton, Texas,to hold office until the expiration of the term for which the vacating director had been appointed. ARTICLE NINE The name and street address of each incorporator is: 1 I I NAME ADDRESS ARTICLE TEN The City of Denton, Texas, has specifically author- ized the Corporation by Resolution to act on its behalf to further the public purposes stated in said Resolution and these Articles of Incorporation, and the City of Denton, Texas, has by said Resolution approved these Articles of Incorporation. A copy of said Resolution is attached to these Articles of Incorporation and made a part hereof for all purposes. ARTICLE ELEVEN No dividends shall ever be paid by the Corporation and no part of its net earnings remaining after payment of its expenses shall be distributed to or inure to the benefit of its directors or officers or any individual, firm, corpora- tion, or association, except,that in the event the board of directors shall determine that sufficient provision has been made for the full payment of the expenses, bonds, and other obligations of the Corporation, then any net earnings of the Corporation thereafter accruing shall be paid to the City of a Denton, Texas. No part of the Corporation's activities shall be carrying on propaganda, or otherwise attempting to influence legislation, and it shall not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of or in opposition to any candidate for public office. ARTICLE TWELVE if the Corporation ever should be dissolved when it has, or is entitled to, any interest in any funds or property of any kind, real, personal, or mixed, such funds or prop- erty or rights thereto shall not be transferred to private ownership, but shall be transferred and delivered to the City of Denton, Texas, after satisfaction or provision for satisfaction of debts and claims. IN WITNESS WHEREOF, we have hereunto set our hands, i~ this day of 1986. INCORPORATORS I THE STATE OF TEXAS : COUNTY OFpENTON ; I, the undersigned, a Notary Public in and for the above County, do hereby certify that on this ~~day off 1980, personally appeared before me-k' XF411 I"✓ 1 y and , (QzYCVR ~Cu who, each being by me first duly sworn, severally declared that they are the persons who signed the foregoing document as incorporators, and that the statements therein contained are true. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year above written. ~j . ry Public in and for Denton County, Texas My Commission Expires Id-Y-004 (NOTARY PUBLIC SEAL) a . ~ • T ,r ,',y G r.2 E , .E r ~ s { ~ - P ~ 4 , N ~~.''J.F 4 L ~ r ~ ~ ~ , ~ y r RYM t t ~ r. " , ,o,n x. ~r ~r a A=-'..'~ r , ~ k'.p r "fir ~ ~ CERTIFICATE FOR RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON, TEXAS, FOR EXPANSION OF THE LIBRARY THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON ; We. the undersigned officers of said City, hereby certify as follows: 1. The City Council of said City convened in REGULAR MEETING ON THE 4TH DAY OF MARCH, 1980, at the Municipal Building (City Hall), and the roll was call- ed of the duly constituted officers and members of said City Council, to-wit: Brooks Holt, City Secretary Bill Nash, Mayor Roland Vela Dick Stewart Ray Stephens Bud Hensley and all of said persons were present, except the following absentees: thus constituting a -quorum. Whereupon, among other business, the following was transacted at said Meeting: a written RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OY DENTON, TEXAS, FOR EXPANSION OF THE LIBRARY was duly introduced for the consideration of said City Council and read in full. It was then duly moved and seconded that said Resolution be adopted; and, after due discussion, said motion, carrying with it the adoption of said Resolution, prevailed and carried by the following vote: AYES: All members of said City Council shown present above voted "Aye". NOES: None. 2. That a true, full, and correct copy of the aforesaid Resolution adopted at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Resolution has been duly recorded in said City Council's minutes of said Meeting; that the above and foregoing paragraph is a true, full, and correct excerpt from said City Council's minutes of said Meeting pertaining to the adoption of said Resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of said City Council as indicated therein; and that each of the officers and members of said City Council was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the aforesaid Meeting, and that said Resolution would be introduced and considered for adoption at said Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose; and that said meeting was open to the public, and public notice of the time, place, and purpose of said Meeting was given, all as required by Vernon's Ann. Civ. St. Article 6252-1'. 3. That the Mayor of said City has approved, and hereby approves, the aforesaid Resolution; that the Mayor and the City Secretary of said City have duly signed said Resolution; and that the Mayor and the City Secretary of said City hereby de- ila.e that thei% signing of this Certificate shall constitute the signing of the attached and following copy of said Resolu- tion for all purposes. SIGNED AhM SEALED the 4th day of March, 8 . MC Aga C9tjF Secretar r (SEAL) RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON, TEXAS, FOR EXPANSION OF THE LIBRARY THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON WHEREAS, it is deemed necessary and advisable that tJo- tice of Intention to Issue Certificates of Obligation be given as hereinafter provided. THEREFORR, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON: Section 1. That attached hereto is a form of "NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON, TEXAS, FOR EXPANSION OF THE LIBRARY", the form and substance of which are hereby adopted and approved. Section 2. That the City Secretary shall cause said NOTICE, in substantially the form attached hereto, to be pub- lished once a week for two consecutive weeks in a newspaper of general circulation in the City, the date of the first publication to be at least fourteen (14) days prior to the date tentatively set for the passage of the ordinance author- izing the issuance of such Certificates of Obligation. i , ~ ~ ~ r. 4 `~e~. J v, • ~ ~ . ~ ~ a . ' i . 9 i, ±~~1 i r Yi \ ~ ~ / r , ~ 1 _ t y ~ ~ p t ~ r. ~ ~ ~ ~ . ~ 'f_r.'.~. n JOINT AND MUTUAL RELEASE WHEREAS, contingent settlement agreement was executed on November 7, 1977 by Lone Star Cas Company (Lone Star); the Cities of Denton, Bryan, Greenville and Garland; Delhi Gas Pipeline Corporation and Brazos ElQctric Power Cooperative, Inc; WHEREAS, said contingent settlement agreement was contingent, and not final, until the Railroad Commission of Texas granted an exception to cartain provisions of its order, as amended, in G.U.D. 600; WHEREAS, the exception contemplated by said contingent settlement agreement was granted by the Railroad Commission of Texas by order issued October 30, 1978 under Picket Nos. 1468, 1482 and 1483, consolidated; and WHEREAS, under the provision of paragraph 3(c) and paragraph 4(b) of said contingent settlement agreement, when such exception was granted by the Railroad Commission of Texas, Lone Star and the Cities of Denton, Bryan, Green- vl:le and Garland agreed and obligated themselves to execute a joint and mutual release; NOW9 THEREFORE, for and in consideration of the premises and in ac- cordance with the provision in paragraph 3(c) and paragraph 4(b) of said contingent settlement agreement described above executed on November 7, 1977, Lone Star Gas Company, a Division of ENSERCH Corporation, on the one hand, and each of the Cittes of Denton, Garland, Bryan and Greenville, on the other hand, jointly and mutually releases the other of and from all claims and disputes between Lone Star Cas Company, a Division of ENSERCH Corporation and the said four Cities growing out of or related to gas sales contracts and any gas exchange contracts 1 between said parties which were in existence at the time of execution of said contingent settlement agreement on November 7, 1977, and specifically releasing the said four Cities from all claims for adjustments (including adjustments for the Texaco and Greenbrier settlements) under said contracts. (This release does not release or discharge any'claims of Lone Star, including claims for adjust- ments for the Texaco and Greenbrier settlements, against any of the four Cities which arise under gas sales contracts executed on November 7, 1977 effective as of midnight, March 31, 1977, for sale and purchase of gas subsequent to that date, which contracts superseded and replaced prior gas sales contracts under which all claims are released by this release.) Further as contemplated by said contingent settlement agreement, the three pending lawsuits described therein shall be dismissed with prejudice. IN WITNESS WHEREOF, this joint and mutual release, consisting of a total-of six (6) pages, including a separate execution page for each of the four Cities, is executed by each party in counterparts and, upon execution by all parties, such executed counterparts shall constitute one executed original release effective and binding all parties. EXECUTED by Lone Star Gas Company, a Division of ENSERCH Corporation this C day of 1980. LONE STAR GAS COMPANY, a revision FATTEST: of ENSERCH CORPORATION ,.Assistant Corporate 'Secretary -2- EXECUTED by City of Denton, Texas this ,Z,'~:day of _ N j ee_ jj , 198J. ATTEST: CITY OF DENTON, TEXAS G? k ~ c BY: <<•' City Secretary This constitutes page 3 of Joint and Mutual Release exek!uted in multiple counter- parts by Lone Star Gas Company, a Division of ENSERCN Corporation, City of Denton, City of Garland, City of Bryan and City of Greenville under terms of contingent settlement agreement executed by said parties on November 1, 1977. -3- ~ s EXECUTED by City of Garland, Texas this day of 1980. ATTEST: CITY OF GARLAND, TEXAS BY: City Secretary Mayor • This constitutes page 4 of Joint and Mutual Release executed in multiple counter- parts by Lon( Star Gas Company, a Division of ENSI:RCII Corporation, City of Denton, City of Carland, City of Bryan and City of Greenville under terms of contingent settlement agreement executed b7 said parties on November 7, 1977. -4- ,n EXECUTED by City of Bryan, Texas this day of , 1980. AXIEST.,i r CITY OF BRYAN, TEXAS B1': ✓ '~Z~ ty Secretary Mayor + r I This constitutes page 5 of Joint and N'utual R,lease executed in multiple counter- parts by Lone Star Cas Company, a DivisJon of f.NSERCH Corporation, City of Dento'.i, Clty ol. Garland, Citl of Bryan rind Cit! of Greenville under terms of contingent settlement agroe:vn: execcr.ed by said parties on November 7, 1977. -5- EXECUTED by City of Greenville, Texas this ~ day of 1980. ATTEST: CITY OF GREENVILLE, TEXAS BY: City Secretary Mayor 1 .1 This constitutes page 6 of Joint and Mutual Release executed in multiple counter- parts by Lone Stir Gas Company, a Division of ENSERC11 Corporation, City of Denton, City of Garland, City of Bryan and City of Greenville under terms of contingent settlement agreeneut executed by said parties on November 7, 1977. _6_ yam, o tilt. er/'\` ifi 1 I c• u MAR~.N ~9~So IN TIIE MATTER OF CITY OF DENTON Brooks Holt City Secretary THE STATE OF TEXAS Roy Appleton, Jr. County of Denton being duly sworn, says he is the. General Manager of the Denton Record -Chronicle, a newspaper of general circulation which has been continuously and regularly published for a period of ltat less than one year in the County of Denton, Texas, preceding the date of the attached notice, and that the said notice was published in said paper on the following dates: f Notice Of Intention To Issue Certificates of Oblin tion of THE City of Denton, Texas, for Expansion of The Library. March 12, 19, 1980 Subscribed and sworn to before me this 19 day of March 1 19 80 Witne is my hand and official sea). .4 ~ ^!J Notary Public, Denton County, Texas r HERE PASTE THE NOTICE BY B File No. PUBLICATIUT`THE ITA T1KXA% ; COUNtOYy, p►IVIENTON ]N(f;~, MATT];!; OF THE CINOTl t01MV NtMN t OELIOATITat ON OF THE CITYY OF OENTON Y! 1. N, L I MANY ION THE CITY OF NT N. in OentOn GOunty, °x Texas, 1 robY pfwK.,nafiCID of h. ! Iontto laaaa' CITY OF III DENTON CERTIF1CAfES OF Opl1 0ATI0H IM. Magi murtl pp~rIncI , amount f ltSO.Optr, br Ma Fur 00sa W c r AFFIDAVIT OFPUBI.ISIIVRTO & ion Ws °t wl ratipa t a PUBLICATION OF LEGAL NOTICE E94 6Ib 3n NO CM, and EwYi+oail~knFr+IH rCiogii~op1~~.f"'~~ mot i Fi;I d thI• -da. npmMrme; archTtlclf ltldtyer aY~n wmwwm W1 ~wE r (Wary and Ca tifica N 19 1d fipalkn g4 r If Pr to 9r 101 M pp~aYntltl, c. i1 riufn 01 0010anon trdnr fM Mvy and Coll ad at f1or. ad, atorrn, r ay IR IIhi Wit r of 1 ` k1 rl<L.. I .1..1 Po~1f r111n' r}R nfM14 `a(Ior part /nt a operOtlon ar~ at ax n ,IMr161. 1llfrd "A.1 ~~pt aarvlda dR1Y~lmaeef AtlL RINrv1,., FVIIO "CproOMlnpariUaa F~a t ffffff _ VIP Fr14uk*man1/, IYIY➢M1 By Yut6'dlpoalM ri alr tfon With CRY ~...pW. dl ( w,Oft t~~M WfftN101np1 *h ~ s pryabla front Not, UII 01 fM city, :LfyM Md ' data toirvicit otMr dlq ~ b lI'fpaYl6n1 i 'x ~y~l~yf~ c ~tlt[ T 1 u