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HomeMy WebLinkAbout04-1980 APRIL 198 ~ AGREEMENT THIS AGREEMENT ("Agreement"), made and entered into thin [47day of April, 1980, by and between THE CITY OF UENl'ONr TFXLS, ra;iic;pal curpuratiun (hereinafter referred to as the "City"), and DENTON MALT COMPANY, a Texas limited partnership (hereinafter referred to as "Developer"). W I T N E S .S E T H: WHEREAS, Developer is constructing an enclosed mall. regional shopping center in t1le northeast quadrant of the intersection interstate Highway 35-E and State Highway Loop I 288, in the City of Denton, Denton County, Texas; and WHEREAS, retail business operations open to the general public at said shopping center are scheduled to commence in August, 1980; and WHEREAS, the City has determined that the existing roadway system immediately adjacent to said shopping center will be insufficieszt to adequately move, control and main- tain the amount of traffic that will be seeking access to and from said shopping center when the same is open for business to the general public; and WHEREAS, the Developer has agreed to cause certain roadway improvements to be constructed adjacent to said shopping center at its expense and to bear any excess over and above a contribution to be made by the city for certain roadway improvements, which total roadway improvement pro- gram is in the beat tnterests of the City; and WHEREAS, the Highway Department of the State of Texas has agreed to construct or cause to be constructed the various roadway improvements set forth herein, at the cost and expense of the City and the evelopor. NOW, THEREFORE, in consideration of the above and fore- going and the mutual covenants and agreements contained herein, the sufficiency of all of which is hereby acknow- ledged, the City and the Developer hereby agree as follows: 1. Developer agrees to bear and pay for all costs and expenses (including necessary design ar.d eng3npering fees) for the construction of a "Texas U-Turn" at the intersection of Interstate Highway 35-E and State Highway Loop 288 within existing rights-of-way. Said "Texas U-Turn" shall be des- igned to facilitate access to said shopping center from the southbound traffic lanes of interstate Highway 35-E. Developer and City will cause the design and construction therefor to be performed by the Highway Department of the State of Texas. 2, City agrees to pay the first Three Hundred Thous- and Dollars ($300,000.00) of the cost of the widening of State Highway Loop 288 between the intersection thereof with Interstate Highway 35-E and Colorado Boulevard, as per plans and specifications heretofore approved and prepared by the Highway Department of the State of Texas (the "Loop 288 improvements"). Developer agrees to bear all costs and expenses charged by the Highway Department of the State of Texas for the design of the Loop 288 Improvements. Further, in the event that the cost of construction of said Loop 288 Improvements exceeds Three Hundred Thousand Dollars ($300,000.00) (exclusive of costs and expenses borne by Developer for design fees), Developer agrees to pay the excess of said actual cost to the Highway Department of the State of Texas. 3. Developer agrees to pay an •..)sessment to the City, not to exceed Ten Dollars ($10.00) per :meal foot of pro- perty owned by Developer and fronting of State Highw.., Loop 288, to defray part of the City's financial obligations hereunder, provided that all other owners of,, property abut- ting said Loop 288 Improvements are similarly assessed by the City. r 2 r 4. In furtherance of the obligations set forth in Paragraph 2 hereof, Developer agrees to deliver to the City the sum of One Hundred And Nine Thousand Dollars ($109,000.00), which, together with the City's financial commitment ($300,000.00), equals the estimate of the Highways Department of the State of Texas for the Loop 288 Improvement. Developer will deliver its funds to the City within seven (7) days of the City's execution of this Agreement, and the City will there- upon deliver the entire estimated cost of the Loop 288 Improvements ($409,000.00) to the Highway Department o: the State of Texas. In the event that the actual. cost of the Loop 288 Improvements is less than the estimated amount, Developer will receive the first One Hundred And Nine Thous- and Dollars ($109,000.00) of 4'efund. Any excess refund will be receivable by the City. In the event that the City or Developer receives any refund due to the other, it shall promptly pay said sum to the party entitled thereto. 5. Both City and Developer agree to fully cooper.ste with the other and to use their best efforts to cause all design, payments, bid letting and construction contemplated hereunder to be completed as soon as possible. 6. This Agreement ce,nstitutes the complete agreement of the parties, and there are no representations or modifi- cations not a part hereof. 7. This Agreement may only be amended by a written instrument executed by both Developer and City. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. Aft CITY OF DENTONr TEXAS By y r ATTEyr: L'tY Secretary 3 - i i Approved As To Legal Form: C C t Attorney DENTO*' !_ALL COMPANY, a Texas ENTON limits partneLed DEVE Eh RS, a part _ sip Gner By He et Partner -4- i r ' ~ ~ { r~ ~ { 6 7 I- SA i 4 (A O f~ a VS A . ' 4 O T ' ~ o ~1t{Ifun~rrlNhlq•wll +s`4• + Q f 4 >t' tlm. a I~ ,f •.il ~ y ~~NV y Y ~ - _wl •O /JAI Y / 4 UYY Y ~ FI a ~Nc}\ . • i S ~ ~I .L~:d211s ^~C',:.2io~ ?sG3 cry ols ~c S ~~svd~aat+~ rr,~N ianass~~c•3 n " l\ ' oNN, 1I.~ICIM Mh03~i - 1J1alsIG -,•l Y -3..L ~ J.~lbdYtO~ Qvc~{~ib?1 ~~:l~~bd ,';ir~o ~s.vi X9 ` y 4 C4, lbS 4t~ t C .•a Z ~ ~ ~Q91 w •071 ~'~n~7 ~ ILA oo . . ~ cn 3 tw Y' 06 r (v a tp~ i N 10. w ` fff ~ ~F~ wy it+P lit ' ~'l1t' !PI•• auet(dolo~ 3S - - - - - ut Oioli•1-~ ?UANotW9iil SI 09015 11 ~-rat~~~ ~ ~ ~"°"'~Li 91 ~ d']tittl+Zl O R O N s a, ~ ♦ c « t N e y 1+ L Ck. oft M. U -i - a ~ y y s CPO, , a. p n t r 96 SQ x ~ N• W } ~ 1 F uN. ~ Y ~ ■ ip r r ~5~0 g k• g y N 114 ~ M ~ /E►RIUR, C ►RO►OI! 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JI(162.12 cs iac:.oo i~u~.eo ilar.oo 110$ f{M O, 1o_nnluseoeo -{~0 Si TOPOF tart FRonl{ IRON Q V 1111 FROJ{CDV[VtY {t0 sto L. titA Io&t• It o6 t worm -600 WA IQ •{R00(FROMO '{00 FROM !to!'if~ r0.00 prrpeaes! Robaljooi jfiftt (MwI.p"s 4m of PC Toll D~~la. D{~la+C«•~1 fe►is R~1Y E SECTiON XMI U11 GENERAL PLAN Q PfiOfllE SAttl No, / of 3 SAtell W 7-7- IS ~w~.~ra~..rrwr~ I I C6NTRA(T r0R GRADE SEPARATIC;: THIS CONTRACT, made and entered into this day of 'FCbrua,% j 19P0, by and between the CITY OF DENTON, TEXMp a municipal corporation of the tote of Texas, hereinafter called "City", and MISSOURI PACIVIC RAILROAD COMPANY. a Delaware corporation, hereinafter tailed the "Railroad", covering the construction and maintenance of an underpass grade separation structure, replacing an existing underpass structure, located at Robertson Strpet in Denton, Denton County, Texas, and also known as Railroad Chain- age Station 11062+33.06 on Railroad's Red River Division, Nhttesboro Subdivision, to aeco=odate two vehicular traffic lanes and two pedestrian walkways beneath sane. NITHESSBTH; ARTICLP I -GYNYRAL 1. The separation of grades on said highway and said track shall be effected by: (a) the preparation of all plans for roadway and grade separation structures; (b) the construction and removal of temporary falsevork for the pro- tection of railroad traffic during the construction period; (e) the construction of a new underpass structure to carry Railroad's track over and across proposed roadway and the subsequent removal of the existing underpass structure; k.' (d) the construction of new roadway and drainage facilities therefor ' and of all%incidentals thereto including, but not liaited to, walk= ~i way and retaining wall i.,. fie) ^teapOtar~r removal and testoratton of Rai lrOad,'si or kailroadjo f lessees' or licensees' facilities made'neeess►ry'to piftle the"con p struction of, the proposed roadway ~provenenta and the removal oQ: the existing 3nd1t4aes stribature;'atfd'. (f) the acquisition of all needed right of way for the work outlined above, All o[ t above is hereinafter collectively referred ,to as the "Protect". !4 2ThA underpass, structure carrying the railroad track over and across Robaiteoo' r r` St set rS611 be CorAtructed generally in accordance with plan marked Exhibit "'A", cdd-: eisging o! three sheets, atteehed,hereto and made 4 pint hereof, 4'16tail plans, *pact ItOtiant, Acid construation procedure, or arty chaagu thirain; ol_sny k ipvolved in. ke ProSeet Ahab bs Subject to the approvAX b[ the ^'''•ifityos Bdtinesr.and the Railroad! Chief Engineer. p • t 1 r fJ 4. Railroad has datermined that purchase of insurance coverage in the amount of $1,000,000, combined single limit per occurrence, is required to provide adequate pro- tection against risks incident to the employment of labor engaged in making changes in Railroad's facilities required by construction of the Project. The rate to be paid for said liability insurance is $10.50 per $100 of labor payroll, ARTICLE II - RAILVAn WORK Railroad agrees to furnish, or cause to be furnished, all material and labor and to do the following work as the progress on the construction of the Project requires, and in accordance with the plans, specifications and construction procedures should it be necessary to perform any of the following work by contractor, the Railroad ady so arrange, subject to prior approval by the Citys 1. Railroad herc4,y conveys to the City, its successor@ and assigns, without pay- ment of separate or additional compensation, solely to the extent of its right and authority to do so, without any warranty, express or implied, the right, license and permission to establish, construct and maintain that portion of the roadway and drainage facilities shown on Exhibit "A" - detail plans - which involved Railroad right of way as indicated by heavy dark line on Exhibit "8", attached hereto as part bereofj reserving, however, to Railroad the right to taintatn, operate and renew any existing teldphone, telegraph, power and signal lines and poles, tracks, roadvays, pips lines and facilities ' of 'similar character now located on said premises and the -frht !o Mtreafter construct find install additional facilities of the aforesaid types or naees,,ar;r appurtenances thereto, provided such chargee do not materially irterfers vith the use and maintenance of the roadway,or drainage facilities set out above. 2. Railroad shall provide inspection, flagmen and protective services and devices from time to time as, in tfie opinion of Railroad, may be required for protection of Railroad's traffic and operations and for proper inspectiot of work. cost for flagging and other protective services attributable to work by City's contractor as provided in Attiale III hereunder shall be billed monthly to the City. 3. Except as otherwise provided in this contract, relocate or rearrange any of its ov,its lessees' or licensesa' facilities made tecessery to,pecmit the construction of the,Project, but only insofar as it has legal authority 'td do so. A'. 4, Place euj4tAng si,$nal, and communication dines undetgrot and aakwather neew sary adjuatm"Wto signe'1,`ii4 fommunicition facilities. J . 1 a;+aft, of 0.9 foot pY , ` t S. unlo a `ialII ate A~ raise the main truck _ and track N{o faxi ' between Railroad is i Cb&I.MA Stations 110 9+00 in;d i10a moo. Conltkuctf.or cause to be cond9tuctid, and maintain falsevork to tonfora to ; a'Stigi.I,raliewrk!4 as "shown on detailed 'plans. ` 1+ ' r 79 Subsequently temporarily remove section of main track and part of falsework as required to permit installation of the new urierpaes superstructure. 8. Upon completion of the installations of the new underpass superstructure restore 'the main track to service and alter falsework to conform to "Stags 11 ralsework" as shown on detailed plans. 9. Restore signal and communication linas to permanent poles to conform to the Project. 10, Furnish to Ctcy three sets of plans and detailed estimate of costa sfiieh shall set out separately t'na'.ost of Insurance as provided in Paragraph 4, Article I, and the Owork outlined in Paragraphs 2 through 9 above, including cobto of plans and preliminary engineering. 11. The estimated cost of carrying out Railroad's work is X00.00. r. 12. Maintain the superstructure of said underpass structure and all Railroad facilities involved in the Project, except that C.ty shall assume the repair costs on r' damage to beams and deck caused by highway traffic. In the event of damage to beans ':and/or.deck by highway traffics the extent and method of repairing shall be agreed upon by the City and the Railroad. ll. Reimbursement to the Railroad will be made for work performed and materials afurnished includi.ng,'but not limited to, insurance premiums and coverage at the rate ,'And amount set forth in the aptroved cost estimate, in accordance with the provisions rtotFads ral,Highway Program Manuel, Volume Is Chapter 41 Section 3, dated October 25 s u 074, issued by the Federal Highway Administrations and amendments thereto, vhIcb.b;r .elereipcs pre made a part of this agreement. 0 14s. The Railroad may whale monthly bills prepared In eatlefactory'forstfor work *Loomed In, compliance with this agreement provided the cost to be billed i:ceada $5~9O., pn,re'ceipt of said monthly bills, the City will make a psymant to the Railroad* i'he unt ot'sucb payment may be up to 90Z of the coat of the work performed ■nd as covered bty;said bill, Subsequent to the filial audit the City will make final payment to the 4 !)Argid for wprk performed and materials furnished in accordance vitb this agreement. y , F~'rc , r Y f y ~ ~r t ~ Anew III CIA OW "^~ty agrees to furnish or cause to be LurnisAad all materials and labor and to do , ° r,'' 3lre~'YO]~loving rk,,,e,requtred.. y the progress op the sense tign ,oi.. t>tie~,Ptoj~ct and ' In geto Plint, ~splci idatio9!'a iot fd eoristruetiace t ~reda~ir, t' 1.' 64ra all "did right of way for the trojetti except as othsiviai provided . !a`l!aragrapb AiticA It hereof, 2, "Prdoere detail plans of the proposed toadwaya, grids separation stapct1Jr0,~. dre sumga feailiffes, including all incidentals tberifor. r `'r I i` r 3. Construct said proposed Grade Separation, Robertson Striet underpass and remove existing underpass structure. Construction and removal work shall conform to Railroad's standards for both materials and workmanship. 4. Construct retaining walls, roadway and wslkvays, Robertson Street. S. Backfill Railroad embankment behind abutments and retaining walls in accordance with Railroad's standards for material and workmanship. 6. Require its contractor to notify the Railroad and arrange for protective services required by Railroad for the protection of its property and operations under the situations and condition as set forth in Exhibit "C" attached hereto aid made a part hereof. Costs to be paid by the City shall be determined on the bests of rates of pay and other related costs actually in existence at the time protective services are furnished. The schedule of present rates of pay and other costa and information related thereto is included is the aforementioned Exhibit "C". 7. Require its contractor, in respect to its work performed upon, over, under or about Railroad's right of way, to provide Railroad Protective Liability Insurs,tce in the form as set forth in Federal Highway Program Manuel, Volume 6, Chapter 6, Section 29 Subsection 2, dated Octobir 25, 1974, issued by the Federal Highway Administration, as amended, on behalf of Railroad as the Insured, in the amount of $2,000,000 combined single limit per occurrence during the policy period. So Require any of its contrdotors, in respect to his, work performed upon, over, or under Railroad rii;bt of way and trtoks, to provide`Noftmenis Compensstton and Employers' Liability Insurance in statutory limits, and Public Liability insurance 'providing for (1);a limit of tto~t•leas than $500,000 for all damage orisit4f oui bf bodily injury to or'deattty~ of olae,person and (2) subject to that lait for each parson, a total limit ofo4f,000;600 for el1'''dauaegae'arising out d)t bodily injuries to or death of two or more pereons An any one occurrence; and Property Damage Liability insurance providing for a, limit of not less than $500,000 for all damage anteing out of injury 'to or destruction of property in any one occurrence and, subject to that limit par occurrence, a total or aggregate limit of $1,000,000 for all daw4as arising out of 'injury to or destruction of property during the policy period, Said property damage coverage must by endorsement also be rendered applicable to any property damage which may result from collapse, explosion Or underground property damage hazards as defined in ' such insurance policy which may ofcur in the performance of said flatractor's work as , described herein, 9, Reimbuits Railroad for Ithe actual cost of the work performed by it or itelcon- ! tractor, as outlired;in Tecagrapha 2 through 9, inclusive, of&Artiels It aid inAtrantO coats as providad.,16 Parigfaph 40 Article I. The City agree to reimbursg Railroad' monthly puraueat to paragraph 1A of Article II and upon receipt of Its final itWd%Gd stitem~tbt 90 percent of the bi.l,'subject to final audit by the City. Upon complatioa of final aVlit, t1k+ dity obeli reimburse the Railroad for the retained parcadtagal`ft + expania here any a>a4Iant found through audit to be ineligible for reinbureacmeat, audit rad4als that Railroad h¢s been overpaid, Railroad will iediatsly refuse to City { such Owtoymeetb a f. s ~4 10. Upon completion of the work, remove from within the limits of the Railroad's right of way all machinery, equipment, surplus materials, rubbish or temporary buildings and leave the right of way in a neat condition satisfactory to the Chief Engineer of the Railroad or his authorized representative. 11. Maintain the substructure of the underpass and all highway facilities involved in the Project. ARTICLE IV 1. The cost of all work herein agreed to be performed by the City and the'Railroad, respectively, shall be included in the total cost of the Project, and said total actual, " cost shall be assumed, bone and paid by the City. 2. 4The City assumes the entSre responsibility'ibY the construction, improvement, maintenance and use of said'underpiss structure, approaches,, pavement and drainage facilities, located upon the Railroad's'ptoperty and right of bay; And'nbthing herein shall ever be construed to place upon the Railroad any manner of liability for injury to or death of persona or for daml.ge to or loss-of property arisipg from or in any manner connected with the construction, improvement, maintenance or'use of said underpass struc- .ture, approaches, pavement and drainage facilities, located upon the Railroad's property and right of ways provided, however, except as otherwise hereinabove provided with regii'd to damage resulting from highway traffic, the Railroad accepts responsibility for the maintenance of the aforementioned superstructure. 3. The undertakinga herein are solely between and for the benefit of tba parties her4to and shall not affect any agreements or arrangements between either party tO retb aid aby other person, firm or corporation. 4. The City, when returning this agreement to the Railroad (duly signed), shall cpuse same to be accompanied by such order, resolution or ordinance of the City's gowrni~ig bogy, parsed and apptoved as required by law, and duly certified, evidencing the authoriFy p -of thr person executing this agreement on behalf of the City, and further certifying that funds have been appropriated and are available for the payment of the total cost of the "cr`: PfoJects,6rein agreed to be paid by the City. IN WITNESS WHEREOF, the parties hereto have caused this contract tr, be executed ~as of the day, and year first above written. MI630U1ti,liACI IC RAILROAD COMPANY CITY OF DIE", TEXAS /X2 t`, ~/~+GCI/ gr i Senior., Vida Ptdef,daat-Cparation K$ Mayo A1'~'f t AVESTt 1 ✓ J 1 f~h~ y 1J ~ it • ~ J,/ •tM5 city Clan,', ti. ~W , Ye• APPR j,~ f c 7U YID' ..a Bond No. 5144301 SOLICITOR'S BOND THE STATE OF TEXAS : COUNTY OF DENTON: KNOW ALL Ail.'N 131' 'fill:Sli PHl:SFNTS: Lone Star Gas Company, A Division of 'IIiAI' WF, ENSFRCH CORPORATION as Principal, and the other subscribers herctu, as sureties, re held firmly boucd unto Mayor of the City of Denton, Texas, and his successors in office, for the use and benefit of the City of Denton, Texas, or :in), injured party in the sum of One 'thousand Dollars, (51,000.00), the payment of which well and truly to be made, we hereby bind ourselves, our heirs, and administrators and assigns forever, firmly by these presents: WITNESS OUR HANDS ON TIIIS TIIE 14th- day of_ -April ` _ A.D., 80 The condition of the abo a ',lira 'on is such that whereas the said Lone star Gas Company, A D~{vis~on o »SERC}LcQRPQBATOIQd shall well and tnily and fully comply with the provisions of all ordinances of the City of Denton, Texas, rej,uta ling and applying to itinerant merchants, itinerant vendors, peddlers and persons taking orders for or offic ring for sale goods, wares, merchandise, sen-ices, photographs, newspapers, mararines, or subscriptions to newspapers or magvines and shill wake and complete final delivery of SERVICES ANWOR MERCIIANCI5E, in accordance with the tt4tn5s of any order obtauied and shall indemnify any and all purchakrs or customers, for any and all defects in material or workmanship that 11135, exist in the article sold by the said Lone Star Gas Company, A Division of RNARRCH C0R20RATICbL-__._at tlue time of delivery, and that may be discovered by such purchaser or customer within 30 days after delivery, then this obligation shall be null and void; otherwise, it shall remain bt full force altd effect. 'this bond shall be for the use aurl benefit of all persons, !inns or corporations who may pay in advance and make advance deposit on purchase price of order, and all such persons, firms or corporations may recover on this bond. The term of this bond shall be for a period of one year from the date hereof. Lone Star Gas Company, A Division of ENSER CORPORATION By: APPROVED: National Surety Corporation r By: By: '41sr / i Mayor r Attornp~ rr-Fact Dorothy Valek APPROVED: By: City Atlorney Rte IyNtx11. , FIl F'.R of ITIOItNF'. If •.A'110NA1, SLiRVfN* (Y1R14R VIVi..I 1111 All, %W% l [lit :SE PRFSt:N'IS: Th,u N IN I ION AI St'Hf l l' III uKl'+IN { 1ION. I llvrra.dnln dul, orgamied and rusting under the laws of fie Bute of Ill-nIN IS , and 11.n Ong Ile ylome ( lfflce in the Ili, err it hit w Ilhnols h.ts made o wowIed Ind appointed, and does by IIII prcia 1, mute. con• store Ind appolnl H. A. GIBSON, JOE BRUCE, ROBERT D. WHITE, W. LAWRENCE BROWN, JANICE G. CORREY and DOROTHY VALEK jointly or severally DALLAS TX Ii, true anJ lamful .Viol ne, Is) In Ca,t, Iiih IiIII r,mcl and mlI I( Is hnchs ,onlc!led In n,me rI,IJr Ind rc.,C it)c%ct lc, seat a,kr, wIL dike and deli,er an, And all hands, unddl sal. I Il I I,•~~I'I:.I n, c, or ortlrr ♦ nn e n,d'II~.,1 lrlil, In 11,r ,.It 10 rh,Ind - 'Ind III hind the Corpolal lor Iberrh, as folic .end III Iht' ,.erne rvtfnl a, d Ii,h tonal, an, J hl the III, .IJcIII 'I A Ih II rlh,rale It it of the CorporJllon and dilly ailetil" h1 III So, 1,1.I1 % . Iii illlfung .end ,orlhlow,g all IN I III ,.ud lirrrrnesiq In 1 aNi Iii del in the premises This power of 'allorney is grenIcJ pu ants ni It, lrtlclc 1111. lttirrm N and Ill of III III,. M S 1I II ss AI St kf 11 CI Ill )N S 110,% now In full force and elt!"i \rrrJr 1111 \pprv.n. II ~IJ ,.rn. A. "J. 'I 1.... ~ . r .-J 41 . ^n.ln ,I n.k r II .n. 1 n. n t n, W r.JI Pr,I., n.1, mndrhr Ik.IJ of Ii hr P.,rarn MM .r.,.rrl r,„1. 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NA1it 1N1I St NI tl (IIkITIN 11 II IN hay, I •r; Ihc,: r..."r, a hr rinrd III II, 1nr Ill and ifs corporate seal It, he hcil alh,cJ this 18tI,'11,s if July Vr 78 f II: k 1, ICI I I IN IY IN 1 I I r l\ .N,1eII IN Nt s ilW r, S l , ` /r ~ w ST ATF.OFV 1L90111NI S. I„ 11) \Nn('Ot%T%OF SANFRMISCO I Orth,el$IhlJS Of-_-._ llul In 18 Ferrier mr pet„n.ill, san,c William W. Lauber IN, meknawn.who.hilhsmeJulssworn. '.JJeprl,eanJs:l Ill iie IIII so 1'rr,AdrMif NAIIt INAI.III ICF.Ii(I)NINON 11111\ tMCorpllra+nm Jescrihd in and which executed the argr w,lFunlenl. Ihal be 1mlws ITe ,r of If IN NI I'orpo, Jl inn Ibat the seal gill it, the said Irr,ifur l I, •u,h (ynporate ,eat, Ii Il IN as ,O A,lcil h, Order of IIll 11iaatd M 1hrc,lon II ,J,d I'orism,hon end ihal he signed his name IFetfrlr Ill like Medal INKIiNESSN111-RF.IIE.Ibase hereuntoNei m,hand and alisodlwhoal,I he ii ,,,IIcar c, rein WNIiN„rIN hiren 1160H002mm"fail"111101111H1111 N/IIIIIII11111I r OFtICLAL SLAL SUSIE K. GILBERT NOTARY ISMIC•CALIFORNIA My a (OUNTy OF SAM F MC1fCO . err All Cenifelltrell Import Nm. 11, Ity1) if pill I Hillimilitiostil I I ti I H 1111YN111111 ( t.R I If II ATF. STATE OF CALUORMA• l' M, AM) COUNT Y OF SAN FRANCISCO f, the undewilir d, Aesntant Secretary (if NATIONAL S11W II CORTIORALT ION, an 111 1 Corp,rallon Mf 111 RI RY ('FRTO'1' Iho the foregoing and attached POWER OF A] IORNE1' remains in full farce and has nos hcen rrlolird, and fuill,efril that Artl,le A'lll Scch,•n. ?9 and .1411 of the By-II of the Corporation, and the Re,afution Of the Hoard Of i>Irecta,. set Anlh in If. Power A rlllorncy. are nl+w in fw,t Signed andualeJatlhe('Ityand('nuntyofSanFrenrl+ca Uarcathe 14thlJyol___ Apri.i____ IY_,_80 ~ t r cr. `w LCrl f~,r e~r.~ti llaa ens 41rnr1 160111 11101-N•--3 76 k~ k~ I AT A REGULAR MEETING OF THE CITY COUNCIL OF TILE CITY OF UEN/TQ1y 'TEXAS, HELD IN THE MUNICIPAL BUII,UL1'G OF DAY OF N011G;1BL: , 1979. SAID CITY ON THE ~ f R h S 0 I, U T I O N 1V`hE,'tE~"+o, 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 and owner of said parcel, Sherman Byrd and wife, Pearlean Byrd, agree that a consideration of $2,250.00 is a fair anti 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 I.. gg and situated in the City and County of Denton, State LgTexasbeand being part of the Hiram Sisco Survey, Abstract No. 1184, and being part of a tract of land as conveyed from M. C. Sheppard to Sherman Byrd and wife, Pearlean Byrd by deed .fated April 16, 19S1 and recorded in Volume 375, Page 557 of the Deed Records of Denton County, Texas, and more particularly described as follows: BEGINNING at the southeast corner of said Byrd tract said point of beginning lying in the north right of way line of Prairie Street and also being the southwest corner of a tract of land, called "Tract Five" as conveyed from Lorene Sheppard Darrow, of She 1975 nand rreco ded vpin dVolume 754 , ot al by Page 532e of thee Deed Records lof Denton County, Texas; THENCE north 890 16' west along the south boundary line of said tract same boing the north right of way line of Prairie Street a distance of 43.15 feet to a point for a corner; T HENCE north 220 45' 40" east 40.0 feet west of and parallel with feet to a east boundary line of said tract n distance of 65.49 point, THENCE north 140 29' cast 40.o feet west of and parallel with the east boundary line of said tract a distance of 114.01 feet to a point; THENCE north 370 231 30" east 40.0 foot west of and parallel with the east boundary line of said tract a distance of 97.49 feet to a point for a corner; THENCE north 760 22' 30" west 30.0 feet south of and parallol with the north boundary line of said tract F. distance of 173.64 foot to a point for a corner in the west boundary line of said tract; THENCE north 00 009 30" west along the west boundary line of said tract a distance of 30.67 feet to a point for a corner samo +being the nrethwest corner of said tract; . Yul 1003 i~c~ 113 {~►10031ACE 14 THENCE south 760 22' 30" east along the north boundary line of said tract a distace of 204.4 feet to a point; THENCE south 000 36' 20" cast along the north boundary line of. said tract a distance of 10.9 feet to a point for a corner, same being the northeast corner of said tract; THENCE south 370 23' 30" west along the west boundary line of said tract a distance of 130.6 feet to a point; THENCE south 140 29' west along the west boundary line of said tract a distance of 108.8 feet to a point; THENCE south 220 4S' 40" west along the west boundary line of said tract a distance of 52.2 foot to the place of beginning and containing 17,587.76 square feet of land, more or less. The City of Denton is hereby further authorized to pay Sherman Byrd and wife, Pearlean Byrd as owner of said described property, consideration in the amount of $2,250.00 purchase price, plus any other necessary and reasonable costs of closing. F, 3. This Resolution shall take effect immediately from and after its passage and approval in accordance with the provisions of the Denton City Charter. PASSED AND APPROVED this the j aday of November, 1979. i CITY OF DENTON, TEXAS A,S3 . ,,CITY QF,DENTON, TEXAS APPROED AS TO LEG:!' t(1RN: BURT R. ATTORNHY,%CITY OFD DENTON, TEXAS • l~ S , ~~.~q.'~~..• a r,• r . 1 1 1 \ S~ 41 -Ot % a tow a OWN r nwcm~ w4m 1s 04 +M ew ~N tl~ psrnpw two" by Cy W wu tor w F E8 2 7 wo qo a .0 11.141FE TITLE INSURANCE Company of Dallas i PURCHASER'S STATEMENT DATE 1-23-80 GF NO -21495 ' Shermaln Byrd, et al City o: Denton, Texas. SALE FROM TO PROPERTY Part of H,Siscb Survey,Abst.11649 1023 E-1-rairie St.,Denton. 1 PURCHASE PRICE 2,250.00 PLUS CHARGES 11.00 Filing fees to County Clerk WD - RELS 00 pt 16.UO TST - Agmi - Ar - - s loan charges and fees due to Loan transfer fee or assumption fee Fessto _ USLife T toe Company Title Policy. Owner _ Mortgagee . Bonder _ EScfow 30,00 Reslr,ctons - it 135.00 Tex Cert frcates State and County _ g City and School Other Survey fee to Attorney's fees for preparation of papers to - 1 1 Flood insurance premium to 1 Hazard insurance premium to a Tax and insurance escrowed with mos. tax deposil@ per mo - mos hazard insurance@- per moo nos flood insurance@ per mo. nos, mortgage insurance @ per mo 1 Interest from --to 1 Proration of hazard insurance Irom to 1 Proration of flood insurance from T to Maintenance charge proration from _ to 1 Tax proration from to _ - s Escrowed accounts with lender purchased from Seller _ 1 _ 1 TOTAL CHARGES 1 7 60 , UO GROSS AMOUNT DUE BY PURCHASER 1-2,410.00 LESS: CREDITS Down payment or earnest money paid to s loan from Note assumed - 4 - Interest proration from - - r to - - - 1 Tax proration from _ to Rent proration from to 1 Other Credit TOTAL CREDITS 1 f' 000 00 BALANCE DUE BYAN PURCHASER 1_ Purcteilr, understands the Closing or Escrow Agent hag assembled this information representing the ttanadlon hom the best information available from other sourest and cannot guarantee the accuracy thereof Any reel estate agent or feldM Involved may be furnished a copy of this Statement. Purchaser understands that tax and insurance prorations and reserves were based on figures for the preceding year or supplied by others or estimates for current year, and In the event of any change for current year, all necessary edjus mente must be made between Purchaser and Seller diiaQ' theunderiignedhorebyout, orlsea USLife Title Co, ll tmakeexpenditures anel disbursements as shown abowr and approves some for payment. The undersigned also sc►tnowfedges receipt of loon Funds, if a"""ble, in the amount sit4mn above and a recelpt of a copy of this State nt CtOSIN OR ESCROW ENT ADDRESS / Till" STATE OF TEXAS X COUNTY OF DENTON FUNDING AGREEMENT This agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule llunicipal Corporation, hereafter called the City, and the _ Home health Services rerea t~ er cared ttiericy. WHEREAS, the City Human Resources CommU tee (1iRC) has reviewed the services of the agency and has determined that the Agency performs an important human service for the residents of. Denton without re- gard to race, creed, color, age or nntionnI origin, and therefore l1RC recormnends funding tic Agency; and WHEREAS, the City has determined that the Agency merits assistance and haa provided fur .__S5.400.00__ its budget; NOW. THEREFORE, the parties hr.rcto rmL uall.y agree as follows: 1. SCOPE: OF SERVICES The Agency shall in a nati;:factory and proper manner perform the following tar,l:s: A. The Agency's purpoac 1s to deliver skilled nursing„ nurses aide, and physical therapy services to the patient in home or place of residence. All such services shall be under written orders of a doctor. 2. TIME PERF'ORMA110, Tie services funded by the City alrall be undertaken by the Agency witliin the following t Imo frame: October 1, through September 30, 19.tQ__. 3. USE OF FUNDS City funds shrill be utilized by the Agency to perform the following,: A. Skilled Nursing , B. Nurses Aide Visits C. Physical Therapy wu FUNDINC AGREEHF;NT 4` METHOD OF PAYMENT The City agrees to make payment to the Agency upon submission of approved requisition(s) in (1) one allotment(s), It is expressly understood and agreed that in no event under the terms of this contract will the total compensation to be paid hereunder ew_eed the maximum sum of $_5,400.00 for all of the services rendered, 5. EVALUATION The Agency agrees to participate in an implementation and main- tenance system whereby the services can be continously monitored: The Agency agrees to make 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 reports submitted in January, April, July and September, D. Quarterly financial statements ~.ubmitted in January, April, July, and September to include expenses and income. 6. SUSPENSION OR TERMINATION The City may 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, rnlsuse, or inept use of funds, B. Agency Failure to co:nply with the terms rind conditions of this agreement, C. Agency submission of data And/or reporto that nre incorrect: or incomplete in any material respect, or D. If for any reason the carrying out of this agreement 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.reasonable 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 otherwiser have arising out of this agreement. IN WITNESS WHEREOF, the parties do hereby affix signature and enter into this funding agreement as of the g dly of A- nr'~ l 1980. CITY OF DENTON, TEXAS AGENCY Cit nager Di ector ATTEST- ATTEST: QA i Git rotary tah- y ;KM 10-31 ~ d o 9,,, 4 r ^ r+. t ~ INDEPENDENT CONTRACTOR'S AGREEMENT • THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON } The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager, and Grady Penley, hereinafter called Contractor, hereby mutually agree as follows: 1. SERVICES TO BE PERFORMED: City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following services: A. Turn the lights on at dusk and 'off at 11:00 P.M. each night five (5) days a week at six (6) Baseball/Softball fields in Evers, Dania and Mack Parks in the City of Denton, Texas. 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: A. Amount of Payment for Services: Ten Dollars (:10.00) for each day to be paid weekly upon invoice showing all work completed to date of invoice. 3. SUPERVISION AND CONTROL BY CITY: it Is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Tex^s for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 4. SOURCE OF FUNDS: All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. 5. INSURANCE: Contractor shall provide at his own cost and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. b. CANCELLATION: City reserves the right to cancel this Agreement at any time by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 7. TERM OF CONTRACT: This Agreement shall commence on the 7th day of April, 1980, and end on the 30th day of June, 1980. EXECUTED the this day of , 1980. CITY DENT TEXAS BY; AKTUNU CITY MANAGER ATTEST: ROOKS HOLT~ CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: GRADY PENLBY, CONTRACTOR ~f AA, LL. BY: That Paul Leslie, is hereby designated as the person to administer the provision of this ee DATE O INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 42 ~ i 6• Oi. $~^ysMr' { y y n ! s. # , r,. , ~ a ~.l M i~ d 1' 't THE STATE OF TEXAS COUNTY OF DENTON FUNDING AGREEMENT This agreement is hereby entered into by and between the City of Denton, Texas, a Home Pule Municipal Corporation, hereafter called the City, and the Women's Services Project hereafter ca ed tF _e genA ncy. WHEREAS, the City Human Resources Committee (HRC) has reviewed the services of the Agency and has determined that the Agency performs an important human service for the residents of Denton without regard to race, creed, color, age or national origin, and therefore HRC recommends funding the Agency; and WHEREAS, the City has determined that the Agency merits assistance and has provided for $8,000.00 in its budget; NO'r19 THEREFORE, the parties hereto mutually agree as follows: 1. SCOPE OF SERVICES The Agency shall in a satisfactory and proper manner perform the following tasks: A. The Agency's purpose is to provide emergency residential shelter to women and their children, who are victims of family violence. 8, To provide counseling, on both a residential and nonresidential basis, to family members, to assist them in dealing with the emotional and C. physical trauma of family violence. To provide shelter and counseling services to victims of rape-'and their D. Families. To provide community education services in the areas of rape and family violence. 2. TIME PERFORMANCE The services funded by the City shall be undertaken by the Agency within the following time frame: October 1, through September 30, 19 80 , 3. USE OF FUNDS City funds shall be utilized by'the Agency to perform the following: A. To provide shelter to victims of rape ,rid family violence. 8. To provide counseling services to victim; of rape and family violence. C. To provide community education services in the areas of rape and family violence. ■ FUNDING AGREEMENC Page Two 4. METHOD OF PAYMENT The City agrees to make payment to the Agency upon submission of approved requisition(s) in 1 allotment. 1i is expressly understood and agreed that in no event under the terms of this contract will the total compensation to be paid hereunder exceed the maximum sum of $8,000.00 for all of the services rendered. 5. Evaluation The Agency agrees to participate in an implementation and maintenance system; whereby the services can be continuously monitored. The Agency agrees to make 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 reports: A. All external or internal audits. B. All external or internal evaluation reports. C. Quarterly performance reports submitted in January, April, July, and September, to include the following criteria: 1. Total Number of clients served. II. Residential Number of Women (over 17). III. Number of children (under 17). IV. Average length of stay. V. Disposition of case. VI. Non residential family counseling. Number of clients. VII. Non residential individual counseling. Number of clients. VIII. Number of telephone calls related to family violence. IX. Income level (correlated to TDHR & HEW Poverty Guidelines). X. Number below poverty level. Number above poverty level. f XI. Number from "target" Geographic location. r XII. Number of Rape Cases. XIII. Other appropriate in:'ormation such ,as number of volunteer hours, major donations, fund raising efforts, community education programs, and new program developments. D, quarterly financial statements submitted in January, April, July, and September to include expenses and income. E. An explanation of any major changes in program services. F. An explanation of use of funds to provido additional services. FUNDING AGREEMENT • 6. SUSPENSION OR TERMINATION The City may 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. 6. Agency Taiiure to comply with the terms and conditions of this agreement, C. Agency submission of data and/or reports that are incorrect or incomplete in any material respect, or D. If for any reason the carrying out of this agreement is rendered impossible or infeasible. In case of suspension, the City shall advise the Agency, in writ-Ing, as to conditions precedent to the resumption of funding and specify a reasonable date for compliance. In case of termination, the Agency will remit to the City any unexpected City funds. Acceptance of these funds shall not consitute 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 agreement as of the _ ljm~; 4F, day of n 1980 . CITY OF DENTON, TEXAS AGENCY 47 , ~11 tor City Manager it ' ATTEST: ATTEST: J City Secretary t ~ ~ U F THE STATE OF TEXAS COUNTi OF DENTOI FUNDING AGREEMENT This agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Nlunicipal Corporation, hereafter called the City, and the SPAN h?reafter ca d-d the agency. 1.4HEREAS, the City Human Resources Corrmittee (HRC) has revievied the services of the Agency and has determined that the Agency performs an important human service for the residents of Denton without regard to race, creed, color, age or national origin, and therefore HOC recerrmends funding the Agency; and WHEREAS, the City has determined that the Agency merits assistance and has provided for $13,500.00 in its budget; 110:40 THEREFORE, the parties hereto mutually agree as follows: 1. SCOPE OF SERVICES The Agency shall in a satisfactory and proper :canner perforra the following tasks: A. The Agency's purpose is to help older citizens remain independent and as fully active in the community as they choose. B. Provide transportation for persons sixty years old or older. Provide a hot meals program five days a week at Denton Senior Center and C. Heritage Oaks. w offer information and referral services for older persons at the SPAN D. Central Office. 2. TIME PERFORMANCE The services funded by the City shall be undertaken by the Agency within the following time frame: r October 1, through September 30, 19 80 3. USE OF FUNDS City funds shall be utilized by the Agency to perform the following: A. Provide transportation for persons sixty years or older. B. Provide a hot meals program five days a week at Denton Senior Center and Heritage Oaks. C. Offer information and referral services for older persons at the SPAN Central Office. FUNDING AGREEMENT Page Two 4. 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 lin,'erstrod and ag-eed that in no event ane-er the tei,i; of this contract will the total compensation to be paid hereunder exceed the maximum sum of $ 13,500.00 for all of the services rendered. 5. EVALUATION The Agency agrees to participate in an implementation and maintenance system whereby the services can be continuously monitored. The Agency agrees to make 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 reports: A. All external or internal audits. B. All external or internal eva;uation reports. C. Quarterly performance reports submitted in January, April, July and * September, to include the following criteria: I. Number of one-way trips furnished each month. II. Number of meals served at Denton Senior Center and Heritage Oaks each month. III. Number of information b referral requests handled quarterly. D. Quarterly financial statements submitted in January, April, July, and September to include expenses and income. 6. SUSPENSION OR TERMINATIOn The City may 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. B. Agency failure to comply with the terms and conditions of this agreement. C. Agency submission of data and/or reports that are incorrect or incomplete in any material respect, or 0. IF for any reason the carrying out of this agreement 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 reasonable data for compliance. y: FUNDING AGREEMENT Page Three 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 agreement as of the 21st day of March lg 80 CITY OF DENTON, TEXAS AGENCY ity anager D e for ATTEST/ ATTE t4 City e etary A 6~ OATH OF OFFICE I, R. H. Tali aferro , do solemnly swear (or affirm) that I will faithfully execute the duties of the office of City Council Member of the City of Denton, Texas, and will to the best of my ability preserve, protect and defend the Constitution and laws of the United States and of this State and the Charter and Ordinances of this City. i Subscribed and sworn to before me the undersigned on this the 22nd day of April , A.D. 1980, To certify wig witness my an and seal of office. ECR£T RY CITY OF DENTON, TEXAS I ` - ~ F' . < I~.S ~e n ~ ^ `YJ ~ rna ne ~tXCY y+tr y: N" tit fFl .mow ~ ~`Y{ t -~lR 'l+ y.. r Y '~J :dY t a A e, F "u THE STATE OF TEXAS S COUNTY OF DENTON S RESOLUTION IN APPRECIATION OF CITY OF DENTON S BILL NASH • WHEREAS, Bill Nash has served the citizens of the City of Denton as a Me.nber oi the Gicy Council for four years; and WHEREAS, Bill Nash has served as Mayor of the City of Denton for the past year; and WHEREAS, Bill Nash has contributed his time and effort as f Mayor and as a Member of the City Council as a public service to the citizens of the City of Denton; now, therefore, 1 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. The Mayor and City Council of the City of Denton acting on behalf of the citizens of the City of Denton wishes to express to Bill Nash the appreciation of the citizens of the City of Denton for his service as mayor and as a Member of the City Council. . SECTION II. The Mayor and City Council direct and order that this Resolution be made a part of the official minutes of this Council to be a permanent record of the City, and that a copy of this Resolution be forwarded to Bill Nash as a token of our appreciation. PASSED AND APPROVED this the-, day of 1980. i If A C ARD O. ST T, MAYOR CITY OF DENTON, TEXAS ATTSS "ROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: , ~O Co ti r 4i r ov s , IA ~ `'trt , "J- ~ 5 .,.1• tc }.~4, r .~.5'~ ti a _r ~`4 ti d.,. • / '0 N0. p0 -33 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REMOVING PARKING ON THE SOUTH SIDE OF CHESTNUT BETWEEN AVENUE E AND AVENUE D; PROVIDING A SEVERABILITY CLAUFF; PROVIDING FOR REPEAL JF CONFLICTING ORDINANCES OR PARTS THEREOF; PROVIDING PENALTIES; PROVIDING FOR PUBLICATION AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the south side of Chestnut Street from its intersection with Avenue E to its intersection with Avenue D shall not be used for the parking of vehicles or in any manner obstructed at anytime, and the same shall be so posted by signs or markings or both by the proper authorities of the City of Denton, Texas. SECTION II. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect 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. 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 1-5 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. 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 twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the 1J day of , 1980. SILL NASH MAYOR- CITY OF DENTON, TEXAS ATTE T: ROOKS HOLT, CI Y SECRETARY CITY OF DENTON? TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: " r r r~ f " I U l ,l, € w G s r41 { 7 INDEPENDINT CONTRACTOR'S AGREEMENT THE STATE OF TEXAS ( COUNTY OF DENTON ) KNOW ALL MEN BY THESE PRESENTS: The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager, and Tom Hopkins, hereinafter called Contractor, hereby mutually agree as follows: 1. SERVICES TO BE PERFORMED: City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following services: A. General Data Processing services as needed. 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contrac~or for the services performed hereunder as follows: A. Amount of Payments for Services: Twenty Dollars ($20.00) per hour. B. Dates of Payments: One week after the services are received. 3. SUPERVISION AND CONTROL BY CITY: It is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City if Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 4. SOURCE OF FUNDS: All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purgos,,a in the Budget of the City of Denton. INDEPENDENT CONTRACTORIS .XGRE MENT - PAGE 1 S. SERVICES AND SUPPLIES TO BE F ED BY CITY: City agrees to furnish to Contractor the wing services and,or supplies: 1. Computer Timc. 2. Documentation of the Systems. 6. INSURANCE: Contractor shall provide at his own cost and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 7. CANCELLATION: City reserves the right to cancel this Agreement at any time by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 8. TERM OF CONTRACT: This Agreement shall be periodic and the need for Contractor's services arises. EXECUTED the this 34'64 day of , 1980. CITY OF NTON, TEXAS BY: CITY MWAGER ATTEST: fAPff SECRETARY APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY BY: • TOM HOPKINS, CONTRACTOR BY. 114- 10J4 That Cengiz Capan, is hereby designated as the person to administer the provision of this agreement. l~ 4 INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2 s 0 3 n 7C.I w A „ ~ ~ ~ ~ - t ~ ~ - f ; ~G I hr 3: 9 ' ' i 1 Y ~ ~ i. ~ i t 1 I l~ 5 i ~ ~ i ~ ~ i y} i ~ n~ Y^~ 1\ ~ ~ x+, u~'• fLtYu INDEPENDENT CONTRACTOR'S AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON ) The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager, and Computer Consulting Company, hereinafter called contractor, hereby mutually agree as follows: 1. SERVICES TO BE PERFORMED: City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following services as time permits: t A. Printing Cash Receipts via terminals (Cashiers). a. Printing copies of Utility Bills via terminals (Customer Service). C. Printing copies of Tax Statements via terminals (Tax). 2. COMPENSATION TO BE PAID CONTRACTOR= City agrees to pay Contractor for the services performed hereunder as follows: A. Amount of Payments for Services: Twenty-Five Dollars ($25.00) per hour. B. Dates of Payments: One week after the services are received. 3. SUPERVISION AND CONTROL BY CITY: It is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall riot be deemed to be or considered an employee of the City of Denton, Texan for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit, The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of anA to the satisfaction of the City Manager of the City of Denton or his designee under this agreement, 4. SOURCE OF FUNDS: All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. 5. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City agrees to furnish to Contractor the following services and/or supplies: 1. Computer Time. 2. Terminal to Use. 3. Documentation of the Systems. 6. INSURANCE: Contractor shall provide at his own cost and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 7. CANCELLATION: City reserves the right to cancel this Agreement at any time by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 8. TERM OF CONTRACT: This Agreement shall commence on the 3rd day of May, 1980, and end after one hundred and fifteen (115) hours. EXECUTED the this ~W4_ day of 1980. CITY OF DENTON, TEXAS BY: 0&4-1 CITY ANAGER ATT s i C Y SD::RETARY APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY BYs COMPUTRR CONSULTING COMPANY, CONTRACTOR By f ~ w dy ! 0 i ~s ~wa~r~u•a~ Th\Cengiz is hereby designated as the person to administer the provision of this agreement. ~ •4 / A-. CITY AGE- DATE'' - a S a OATH OF OFFICE I, Richard 0. Stvvg t do WE nnly swear (or affirn) 'that I trill faithfully execute the duties of the office of Mnyor of the City of Denton, Texas, and will to the best of my ability preserve, protect and defend the Constitution and laws of the United States and of this State and the Charter and Ordinances of this City. ' Subscribed and sworn to before me the undersigned on this the 22na day of April _ 0 A.D. lg 80 To certify wT{i c~ witness my an and seal of office. TR CITY OF DENTON, TEXAS s r 2 . ~ 0 r4 I' 4 C: 1 1 ly 1 54 Prepared by the State Bar of T-eras for use by Lawyers only. To select the prowsr form, fill in blank spacer, sinks out form provisions or insert special terms constitutes the practice of law. No "standard farm" can meet all requirements, WARRANTY DEED (LONG FORM) OEEO RL •cmM V~A009 PAGE 4$2 THE STATE OF TEXAS COUNTY OF Denton KNOW ALL MEN BY THESE PRESENTS: 93'79 That We, Lorene Sheppard Darrow, Lura Sheppard Moore, Lillian Sheppard Woods and Jasmine Sheppard Smoot, of the County of Denton and State of Texas for and in consideration of the sum of TEN AND 1401100------------ ($10.00)----------- MLLARS cash and other valuable consideratiorl to the undersigned paid by the 1;4ntee herein named, the receipt of which is hereby acknowledged, have GRANTED, SOLD AND CONVEYED, and Dy these presents do GRANT, SELL AND CONVEY unto the City of Denton, Texas, a municipal corporation, of the County of Denton -nd State of Texas , all of the following described real property in Denton County, Texas, to-wit: All that certain lot, tract or pa.cel 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 b7 deed recorded in Vol. 353, pa a 394, Deed Records of Denton County, Texas, and more particularly described as follows: BEGINNING at a point is the North line of East Sycamore Street, said beginning corner being the Southwest corner of a tract of land df,scribed in a Deed from M, C. Sheppard, at ux, to Della Woodard, dated February 12, 1951; (Continued on reverse aide hereof) (Continued from reverse side hereof) 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 West line of said Woodard lot, 140 feet for corner to the North line of East Sycamore Street; THENCE East along the North line of East Sycamore Street, 50 feet to the place of beginning. , JJ ~~cE 481 r~, S s~ `r S4 U[. ! ~ ,r t t~ 5 'Y r^s} rCp rr tv! r Z '~M '4 rtD 1 Jv ,~ri . I~I~{[~„, t X~i. ll vS~'S Fptrl ~3~~A l~~ y ~rpRl i r' ~A `t ~ 11~~if sV s}y ~'~~r ~ ~>,I~ !p i~1y ~11~~,4 ';~.'q 5 } r ' :s ",w,J" { y, ~ S Y 'S.~ ~ f r ~vx ! ~ 1 D L . t w h .P~ ~ , Cpl r ~rqy,+ rr i ~rt ~I ` '~i'q x dr r, ~ x '..t ~ • w, rs ~ ~ 4 v ♦ t p''~y ~ ~ t 1 i sl~:p: i p ~ _ t ~Y R E S 0 L U T 1 0 N WHEREAS, on Sunday, April 271 19809 the Sigma Alpha Mu Fraternity is sponsoring an Art Festival to be held on Fry Street between the intersection of Oak and Hickory; and WHEREAS, the Art Festival is open to the general public of the City and County of Denton; and WHEREAS, in order to provide adequate space for the said Festival and in order to protect the safety of citizens who attend, the City Council of the City of Denton deems it is necessary to temporarily close a portion of Fry Street between Oak Street and Hickory Street from the hours of 9:00 A.M. until 7:00 P.M. on April 27, 1980. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: SECTION I. That Fry Street between Oak Street and Hickory Street shall be temporarily closed as a street or public thoroughfare of any kind or character whatever on April 27, 1980 from 9:00 A.M. until 7:00 P.M. for the purpose of holding the Sigma Alpha Mu Art Festival. SECTION 11. That the portion of the above described street shall revert back to the City for normal traffic activity immediately from and after 7:00 P.M. on Appil 27, 1980. SECTION 111. That this resolution shall take effect and be in full force and effect from and after the date of its passage and approval. PASSED AND APPROVED this the 07-- day of A. D. 1980. CITY OF DENTON, TEXAS I ATTEST: IROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C, J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: ~.M Vii rJ1 f ti DENTON GIRL'S SOFTBALL ASSOCIATION • THE STATE OF TEXAS $ COuivPY OF DENTON $ CONTRACT FOR SERVICES This Agreement made this the 1st day of April, 1980, by and between the Denton Girl'R Softball Association, hereinafter referred to as the "Association", and the City of Denton, here- inafter referred to as "City", each acting by and through its authorized officials, pursuant to the following terms and conditions: I. City Agrees to deposit with the Association the sum of Four Thousand One Hundred and No/100 ($4,100.00) Dollars and certain fees and charges hereinafter described, for the City's fiscal year 1S,80„ Association shall submit an annual budget to the Denton Parks and Recreation Department for approval which shall set forth on an item by item basis the fees and charges herein- after described, and the above Four Thousand One Hundred and ':o/100 ($4,100.00) Dollars, the City will make one payment to the Association on the 1st day of April 1980, in the amount projected in the annual budget. City shall make such payments solely from current revenues in the budget of the Parks and Recreation Department. Expenditures shall be authorized for a period from April 1, 1980 through August 31, 1980. II. Association agrees to provide qualified umpires for all Girl's Youth League Softball games and special games that are sponsored by the Denton Girl's Softball Association. III. Association agrees to the following additional terms and conditions: 1. It will establish a separate bank account for deposit of the Four Thousand One Hundred and No/100 ($4,100.00) Dollars paid to the Association by the City and all expenditures for services provided shall be made from this account. 5 2. It will establish, operate, and maintain an account system for this program that will allow for a tracing of funds and a review of the financial status of the program. 3. It will permit authorized j+fftetals fer the City of Denton to review its books at any time. 4. It will reduce to writing all of its rules, regula- tions, and policies and file a copy with the Director of Parks and Recreation or his authorized representative along with any amendments, additions, or revisions whenever, adopted. 5. It will not enter into any contracts that would encumber the City funds for a period that would extend beyond the term of this Agreement. 6. It will prepare and submit a report of expenditures and revenues to the Director of Parks and Recreation or his repre- sentative by the lat day of September, 1980. 7. It will refund the balance of the special account to the City of Denton on or before September 1, 1980. 8. It will promptly pay all bills when submitted) unless there Is a discrepancy in a bill which should be promptly reported to the Director of Parks and Recreation or his auth- orized representative for further direction. 9. It will appoint a representative whb will be available to meet with the Director of Parks and Recreation and other City officials when requested. 10. it will indemnify and hold harmless the City from an;- and all claims and suits arising out of the activities of the Association, its employees, and/or contractors. 11. It will obtain releases from the officials which will release, indemnify an9 hold harmless the City and the Asso- ciation from any claims, injuries, or damages of the officials. 12, It will retain officials as independent contractors and not as employees. IV. The general terms and conditions are as followso 14 If any of the terms and conditions are not complier, DENTON GIRL'S SOFTBALL ASSOCIATION - PAGE 2 A S with by the Association, the City is authorized to refuse to make any further payments until the condition on which the complaint is based is corrected to the satisfaction of the City. 2. This contract shall be subject to all valid rules, regulations, and laws applicable thereto as promulgated by the United States of America, State of Texas, or any other govern- mental body or agency having lawful jurisdiction. 3. Association is authorized and should give notices required herein to the Director of Parks and Recreation or that person's authorized representative. 4. Any contributions or gifts received by the Association are not subject to the provisions of this contract and they should be kept separate and apart from the funds, charges, and fees covered by this contract. 5. Association shall provide its services and be paid by the City in the capacity of an independent contractor and not as an agent or department of the City. It shall have complete control, supervision, and responsibility for its activities under this contract including the hiring, supervision, and control of its employees. IN WITNESS WHEREOF, the parties hereto. acting under authority of their governing body and Board of Directors, have caused this contract to be duly executed in two counterparts, each of which will constitute an original, as of the 1st day of April, 1980. LL NAS , AYOR CITY OF DENTON, TEXAS ATTESTS DENTON GIRL'S SOFTBALL ASSOCIATION M t B Ys 9&1L dKMIP~HOLTr CI Y SECRETARY SID SHAHAN, PRESIDENT CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMS C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS $Yi DENTON GIRL'9 SOFTBALL ASSOCIATION - PAGE 3 ~ 4''. ~ ~9 ~r . ,f~~ M r~: ~ SJ V~,' rb. i ~ ~ ~~r~ ! 5 ~ F ~h i 1 ~ ~ c r . n+1 i ± ~ i. . NO. ~a R AN ORDINANCE OF THE CITY OF DENTON, TEXAS REMOVING; PARKING ON CERTAIN PORTIONS OF CRESCENT AND FULTON STREETS BETWEEN T E HOURS OF 6:00 A.M, AND 4:00 P.M,, MONI)AY THROUGH FRIDA ; PROVIDING FOR THE REMOVAL OF PARKING ANYTIME ON A CERTAIN PORTION OF CRESCENT STREET; PROVIDING FOR THE REMOVAL OF PARKING ANYTIME ON A CERTAIN PORTION OF FULTON STREET; PROVIDING FOR T11P ESTABLISHMENT Or A FIVc MINUTE STANDING ONLY ZONi3 ON A CERTAIN PORTION OF FULTON STREET; PROVIDING FOR AUTHORITY TO TOW-AWAY AND IMPOUND VEHICLES PARKING ON THOSE CERTAIN PORTIONS OF CRESCENT AND FULTON STREETS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING REPEAL OF CONFLICTING ORDINANCES OR PARTS 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 and establish regulations governing parking on the certain portions of Crescent and Fulton Streets more fully described below in order to insure the safety and welfare of motorists and pedestrians regularly using the said streets for travel and to insure adequate emergency parking space for fire and police vehicles or other authorized emergency vehicles; now, therefore, THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. (a) That both the north and south sides of Crescent Street from its Intersection with Fulton Street to its intersection with Malone Street except along the south side of Crescent Street from its intersection with Fulton Street to a point approximately 290 feet west 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 markings or both by the proper authorities of the City of Denton, Texas. (b) That the south side of Crescent Street from its intersection with Fulton Street to a point approximately 290 feet west shall not be used for the parking of vehicles or in ally other manner bo obstructed at anytime, and the same shall be to posted with signs or markings or both by the proper 'aut'ho'rities of the City of Denton, Texas, at , riri ' (c) That both the east and west sides of Fulton Street from its intersection with Crescent Street to its intersection with Linden Street shall not be used for the parking of vehicles or in any other manner be obstructed betwee;i the hours of 6:00 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. (d) That the east side of Fulton Street from its inter- section with Linden Street to its intersection with Broadway Street shall not be used for the parking of vehicles or in any other manner be obstructed at anytime, and the same shall be so posted with signs or markings or both by the proper authorities of the City of Denton, Texas. (e) That a "five minute standing only" zone is hereby established on the west side of Fulton Street between the two marked crosswalks located in front of the Denton Public High School and extending from the west to the east side of Fulton Street, and the same shall not be used for the parking of vehicles and shall be so posted with signs or markings or both by the proper authorities of the City of Denton, Texas, SECTION II. That in the event any vehicle, except an authorized emergency vehicle or police or fire vehicle, shall be found parked in or upon the certain portions of Crescent and Fulton 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 maintainer) by the police department for such purpose and kept until application for redemption is made by the owner or his 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 It I, ; 3. That if' any section, 9ubadctior,, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstancea is held invalid by any court of co0p6tent Jurisdiction# such holding shall not affect the f r validity of the remaining portions of this ordinance, and the City Coune;il 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 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 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 1-5 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 ($200.00) is applicable hereto for each separate offense. SECTION VI. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASJED AND APPROVED this the day of , 1980. t ILL NASHp MAYOR CITY OF DENTON, TEXAS A'i'T$ $KMS HOLTi TY RETAR CITY OF DENTON, TEXAS APPROVED AS TO,LEOAL FORM Cj'J. TAYLOR, dR,j CITY ATTORNEY CITY OF DENTONi~~XA. BYt R~ Al f 4 • Q+) < A r • M a c ~ r or r •a,? +\Mk~~ i k 1~ tt. ~ °W. +f ~ f'J,~ry~nPt ~ t h~i R r Ss 1 YA ~ A , l i y,:.. "Y.' 'S. ~r~~``~.~C 1 "S+4-j n . '~2ki,r Y r. 1~ ~ t i~'~ ' A b~~ ~~4M1~~yr Ra't'q, ~Y v NO. 0 - AN ORDINANCE OF THE CITY OF DENTON CREATING A JOINT AIRPORT S' ZONING BOARD TO BE KNOWN AS THE "DENTON CITY-COUNTY JOINT AIRPORT ZONING BOARD" AND INVESTING SUCH JOINT BOARD WITH THE POWERS SUCH BOARDS ARE AUTHORIZED TO EXERCISE UNDER THE PROVISIONS OF CHAPTER p 391 OF THE ACTS OF THE REGULAR SESSION OF THE 50TH LEGISLATURE, 1947. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: S,y SECTION I, Subject to like provisions being made by the Commissioners' Court of Denton County, Texas, by proper order, duly promulgated and entered on its minutes, and as authorized by the provisions of Chapter 391 of the Acts of the Regular Srassion of the 50th Legislature, 1947, there is hereby created a joint airport zoning board, to be known as the Denton City-County Joint Airport Zoning Board, which shall have the powers and exercise the duties set forth in Sections 2 and 3 of Chapter 391 of the Acts of the Regular Session of the 50th Legislature, 1947. (Art. 45e V.A.T.S.). SECTION II. The Denton City-County Joint Airport Zoning Board shall be composed of five (5) members, two (2) to be appointed by the City Council of the City of Denton, Texas, and two (2) members to be a pointed by the Commissioners' Court of Denton County, Texas. The fifth member shall be elected by a majority of the members so appointed and said fifth member shall serve as Chairman of the said Denton City-County Joint Airport Zoning Board. Each member of the Board shall be appointed for and serve for a term of two (2) years. A, SECTION III. d• The City Secretary of the City of Denton, Texas shall serve as Secretary to the Denton City-County Joint Airport Zonin;; Board and the City Attorney of the City of Denton, Texas shall serve as the Attorney for the Denton City-County Joint Airport Zoning Board. SECTION IV. Gene Wright and John Carrell are hereby appointed as the City's members on said Denton City-County Joint Airport Zoning Board for a term of two (2) years. 7 PASSED AND APPROVED this the ~ day of , 1980, at a regular meeting of the tIty Counc o the City of Denton, Texas, by the following vote: • A44WWTA "'SM6 CITY OF DENTON, TEXAS A CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C. J, TAYLOL JR., CITY ATTORNEY CITY OF DBNAN, TEXAS BYs 1}\ ray • . M ' A~MrkrJ!~aWnwMt-+..w:.`+~.~,y,..tc..:x... ..~-.......~.a r.~:......, " , s S;: b 4 q, w N 2 ~E All i L . NO. o - a AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, j TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO THE BELOW LISTED PROPERTY AS SHOWN TFII& DATE GN THE Or"ICIAL 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: SECTICH I. That the Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas, under provisions of Ordinance No. 69-1, be, and the same►is hereby amended as follows: All the hereinafter described property is hereby removed from the Agricultural "A" District as shown on said Zoning Map, and all provisions of Ordinance No. 69-1, adopted the 14th day of January, 1969, as amended, shall hereafter apply to said property as Light Industrial "LI" District in the sane manner as other property located in the Light Industrial "LI" District and more particularly described as follows: Being all that certain lot, tract or parcel of land lying and being situated in the County of Denton, State of Texas, and being part if the J. S. Collard Survey, Abstract No. 297, the A. White Survey, Abstract No. 1406 and the N. Wade Survey, Abstract No. 1407, and being more particularly described as follows: BEGINNING at a point in the existing Denton City Limits Line as established by Ordinance No, 65-43, said point of beginning also being the suutheast corner of the J. S. Collard Survey, Abstract No. 297, and also being the most westerly southwest corner of the T. Toby Survey, Abstract No. 1238, and lying in the centerline of Riney Road; THENCE north 880 37' 36" west along the south boundary line of said J. S. Collard Survey, same being the centerline of Riney Road a distance of 344.03 feet to a point for a corner in the northeast right of way line of U. S. highway 77; THENCE north 580 08, 36" nest along the northeast right of way line of U. S. Highway 77, a distance of 884.11 feet to a point; THENCE north 580 09' 36" west along the northeast right of way line of U. S. Highway 77 a distance of 3550.01 feet to a point for a corner same being the south corner of a corner cutoff at the present intersection of the northeast line of U. S. Highway 77 with the east right of way line of Bonnis Brae Road; THENCE north 290 021 01" west along said corner cutoff line a distance of 26.60 feet to a point for a corner; THENCE north 00 121 13" east alongg the east right of way line of Bonnie Brae Road a distance of 204S.03 feet to a point for a corner; THENCE south 880 56' 03" east a distance of 4185.61 feet to a point for a corner in the east boundary line of said J. S. Collard Survey, sane being the west boundary line of said T. Toby Survey; Z-1408-DALE CUNNINGHAM-(TEXAS INSTRUMENTS)-PAGE ONE . THENCE south Oo 59' 39" west along the east boundary line of said J. S. Collard Survey, same being the west boundary line of said T. Toby Survey a distance of 1,263.05 feet to a point; THENCE south Oo S2' 08" west along the east boundary line of said J. S. Collard Survey, same bring the west boundary line of said T. Toby Survey, a distance of 3075.59 feet to the place of beginning and containing 13,719,635.75 square feet of land, more or less. SECTION II. That the City Council of the City of Denton, Texas hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. SECTION III. That this ordinance shall be in full force and effect immediately after its passage and approval, the required public hearings having heretofore been held by the Planning and Zoning Commission and the City Council of the City of IY:nton, Texas, after giving due notice thereof. ' PASSED AND APPROVED this the I-day of , A. D. 1980. I aUr NAM CITY OF DEN ON, TEXAS ATTEST: 1144 'Y-SECRETAtY- CI OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: 4 I Z-1408-DALE CUNNINGHAM-(TEXAS INSTRUMENTe)-PAGE TWO . . r ~F ~ ~ oQ 0 ,9' ~ ` F SV U ~ t ,'s ; ;,t + J r t~,(fQ' . , ~s , , n ~ DAL ' ►i + . e t ~ c _ i i ~ i V w "Z t ME,40RANDUM TO: Brooks Holt - City Secretary FROM: C.J. Taylor, Jr. - City Attorney SUBJECT: City of Denton and Lone Star Gas Company - Joint and Mutual Release Cause No. 76-1924-B in District Court, Denton County, Texas Attached is a copy of the joint and mutual release signed by all parties to the above suit for permanent filing in your office. cc: City Manager 1 CERTIFICATE FOR ORDINANCE AUTHORIZING THE ISSUANCE OF CERTIFICATES OF OBLIGATION THE STATE OF TEXAS , COUNTY OF DENTON CITY OF DENTON , We, the undersigned offic^rs of said ("ity, hereby certi°,y as follows: 1. The City Council of said City convened in REGULAR MEETING ON THE 1ST DAY OF APRIL, 1980, at the Municipal Building (City Hall), and the roll was call- ed of the duly constituted officers and members c2 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 wer;, present, except the following absentees: Roy Stephens thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written ORDINANCE AUTHORIZING THE ISSUANCE OF CERTIFICATES OF OBLIGATION was duly introduced for the consideration of said City Council and read in full. It was then duly moved and seconded that said Ordinance be passed; and, after due discussion, said mo- tion, carrying with it the passage of said Ordinance, prevail- ed and carried by the following vote: AYES: All members of said City Council shown present above voted "Aye". NOES: None. 2. That a true, full, and correct copy of the aforesaid Ordinance passed at the Meeting described in the above and fore- going paragraph is attached to and follows this Certificate; that said Ordinance has been duly recorded in said City Council's minutes of said Meeting; that the above and foregoing paragraph is a true, full, and correct excerpt from said City Council's minutes of said Meeting pertaining to t') passage of said Ordi- nance; that the persons named in the above and foregoing para- graph are the duly chosen, qualified, and actirg officers and rsembers of said City Counc4*I as indicated therein; that each of the officers and members of said City council was duly and suffi- ciently notified officially and personally, in advance, of the time, place, and purpose of the aforesaid Meeting, and that said Ordinance would be introduced and considered for passage at said Meeting, and each of said officers and members consented, in ad- vance, to the holding of said Meeting for such purpose; and that said Meeting was open to the public, and public notice of the time, place, and purpose of said meeting was given, all as re- quired by Vernon's Ann. Civ. St. Article 6252-17. 3. That the Mayor of said City has approved, and hereby approves, the aforesaid Ordinance; that the Mayor and the City Secretary of said City have duly signed said Ordinance; and that the Mayor and the City Secretary of said City hereby ds- clare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Ordinance for all purposes. CTAN41EDD AND SEALED the lst day o pril, 1980. 11 -city ecretary Mayor (SEAL) p0 ORDINANCE NO. 80-~ ORDINANCE AUTHORIZING THE ISSUANCE OF CERTIFICATES OF OBLIGATIONS THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON WHEREAS, Vernon's Article 2368a.1 permits the City to issue and sell for cash the Certificates of Obligation here- inafter authorized; and WHEREAS, the City has duly caused notice of its intention to issue the Certificates of obligation hereinafter authorized to be published at the times and in the manner required by Vernon's Article 2368a.1, and no petition has been filed pro- testing the issuance thereof. THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Section 1. That the said City's Certificates of Obliga- tion (hereinafter sometimes called "Certificates") are hereby authorized to be issued in the aggregate principal amount of $250,000, FOR THE PURPOSE OF PAYING ALL OR A PORTION OF THE CITY'S CONTRACTUAL OBLIGATIONS TO BE INCURRED PURSUANT TO CON- TRACTS FOR THE EXPANSION OF THE LIBRARY IN THE CITY, AND PAY- ING ALL OR A PORTION OF THE CONTRACTUAL OBLIGATIONS FOR PRO- FESSIONAL SERVICES OF ENGINEERING, ARCHITECTS, ATTORNEYS, AND FINANCIAL ADVISORS IN CONNECTION WITH SUCH LIBRARY AND CERTI- FICATES OF OBLIGATION. Section 2. That said certificates shall be designated as the: CITY OF DENTON CERTIFICATES OF OBLIGATION, SERIES 1980. Section 3. That said Certificates shall be dated APRIL 15, 1980, shall be in the denomination of $5,000 each, shall be numbered consecutively from one upward, and shall mature serially on the maturity date, in each of the years, and in the amounts, respectively, as set forth in the following schedule: MATURITY DATES: APRIL 15 YEARS AMOUNTS 1986 $25,000 1987 25,000 1988 25,000 1989 25,000 1990 25,000 1991 25,000 1992 25,000 1993 25,000 1994 25,000 1995 25,000 Section 40 That said Certificates shall bear interest as fellows: from April 151 1980, to April 15, 1981, at the 9:i; per annum= AooxxA "A.4xxkixxxkggixxxtzo6mxAAo. Agoxajxx~g_~x~L~ xx~xiaedsaa i:t and from April 15, 19 81, rity or redempt~at the rate of 10.00% per annum. Said interest shall be evidenced by interest coupons which shall appertain to saf,d Certificates, and which shall be pay- able in the manner provided and on the dates stated in the FORM OF CERTIFICATE uet forth in this Ordinance. r 1 r Section 5. That said Certificates and interest coupons shall be issued, shall be payable, may be redeemed prior to their scheduled maturities, shall have the characteristics, and shall be signed and executed (and said Certificates shall be sealed), all as provided, and in the manner indicated, in the FORM OF CERTIFICATE set forth in this ordinance. Section 6. That the form of said Certificates, includ- ing the form of Registration Ce'rtific?t- -f the Comptroller of Public Accounts of the State of Texas to be printed and endorsed on each of said Certificates, and the form of the aforesaid interest coupons which shall appertain and be at- tached initially to each of said Certificates, shall be, re- spectively, sut4stantially as follows: FORM OF CERTIFICATE: NO. $5,000 UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON CERTIFICATE OF OBLIGATION SERIES 1980 ON APRIL 15, 19 , THE CITY OF DENTON, in Denton County, Texas, hereby promises to pay to bearer the principal amount of. FIVE THOUSAND DOLLARS and to pay interest thereon as follows: from April 15, 1980, to April 15, 1981, at the rate of % per annum: from April 15, 1981, to April 15, 19 , at the rate of % per annum; and from April 25, 19 , to maturity or redem- on at the rate of 8 per annum, evidenced by interest coupons payable APRIL 15, 1981, and semiannually thereafter while this Certificate is outstanding, THE PRINCIPAL of this certificate and the interest coupons appertaining hereto shall be payable to bearer, in lawful money of the United States of America, without exchange or collection charges to the bearer, upon presentation and surrender of this Certificate or proper interest coupon, at the following, which shall constitute and be defined as the "Paying Agent" for this Series of Certificates: FIRST STATE BANK, DENTON, TEXAS. THIS CERTIFICATE is one of a Series dated as of APRIL 15, 1980, authorized, issued, and delivered in the principal amount of $250,000 FOR THE PURPOSE OF PAYING ALL OR A PORTION OF THE CITY'S CONTRACTUAL OBLIGATIONS TO BE INCURRED PURSUANT TO CON- TRACTS FOR THE EXPANSION OF THE LIBRARY IN THE CITY, AND PAY- ING ALL OR A PORTION OF THE CONTRACTUAL OBLIGATIONS FOR PRO- FESSIONAL SERVICES OF ENGINEERING, AICHITECTS, ATTORNEYS, AND FINANCIAL ADVISORS IN CONNECTION WITJ SUCH LIBRARY AND CERTI- FICATES OF OBLIGATION. THE OUTSTANDING CERTIFICATES of this Series may be re- deemed prior to their scheduled maturities, at the option of said City, in whole, or in part, on any date, for the princi- pal amount thereof and accrued interest thereon to the date fixed for redemption. At least fifteen (15) days prior to the date fixed for any such redemption said City shall cause a -2- written notice of such redemption to be given to the "Paying Agent". By the date fixed for any such redemption due provi- sion shall be made with the "Paying Agent" for the payment of the principal amount of the Certificates which are to be so redeemed and accrued interest thereon to the date fixed for re- demption. If such written notice of redemption and if due provision for such payment is made, all as provided above, the Certificates which are to be so redeemed thereby automatically shall be redeemed prior to their scheduled maturities, and they shall not bear interest after the date fixed for redemption, and they shall not be regarded as being outstanding except for the right of the bearer to receive the redemption price from the "Paying Agent" out of the funds provided for such payment. IT IS HEREBY certified, recited, and covenanted that this Certificate has been duly and validly authorized, issued, and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this Certificate have been performed, existed, and been done in accordance with law; that this Certificate is a general obligation of said City, issued on the full faith and credit thereof; and that annual ad valorem taxes sufficient to provide for the payment of the in- terest on and principal of this Certificate, as such interest comes due and such principal matures, have been levied and or- dered to be levied against all taxable property in said City, and have been pledged irrevocably for such payment, within the limit prescribed by law; and that this Certificate is addition- ally secured by and payable from the surplus revenues derived by the City from the ownership and operation of the City's Electric Light and Power System remaining after payment of (i) all operation and maintenance expenses thereof, and all debt service (Retirement Fund), Reserve Fund, Contingencies Fund, Improvement Fund, and other requirements, payments, and deposits required in connection with the City's Revenue Bonds (now or hereafter outstanding) which are payable from Net Revenues of the City's Electric Light and Power System, and (ii) payment of the principal of and interest on the City of Denton Certificates of Obligation, Series 1979-A, dated December 1, 1979, and other requirements, payments, and de- posits required in connection with the City's Certificates of Obligation, Series 1979-A. IN WITNr3S WHEREOF, this Certificate and the interest coupons appertaining hereto have been signed with the facsimile signature of the Mayor of said City and countersigned with the facsimile signature of the City Secretary of said City, and the official seal of said City has been duly impressed, or palced in facsimile, on this Certificate. xxxxxxxx xxxxxxxx City Secretary Mayor FORM OF REGISTRATION CERTIFICATE: COMPTROLLER'S REGISTRATION CERTIFICATES REGISTER NO. 1 hereby certify that this Certificate of Obligation has been examined, certified as to validity, and approved by the Attorney General of the State of Texas, and that this Certi- ficate of Obligation has been registered by the Comptroller of Public Accounts of the State of Texas. Witness my signature and seal this xxxxxxxx Comptroller o Pu c accounts o the State of Tej:as -3- ~sa_ FORM OF INTEREST COUPON: NO. $ ON 15, 19 , TEE CITY OF DENTON, in Denton County, Texas, promises to pay to bearer tie amount shown on this interest roirpon, i,l awful money of the United States of America, without exchange or collection charges to the bearer, unless due pro- vision has been made for the redemption prior to scheduled maturity of the Certificate to which this interest coupon appertains, upon presentation and surrender of this interest coupon, at FIRST STATE BANK, DENTON, TEXAS, said amount being interest coming due that day on the Certi- ficate, bearing the number hereinafter designated, of that issue of CITY OF DENTON CERTIFICATES OF OBLIGATION, SERIES 1980, DATED APRIL 15, 1980. Certificate No. xxxxxxxx xxxxxxxx City Secretary Mayor Section 7. That a special "Interest and Sinking Fund" is } hereby created solely for the benefit of said Certificates, and said Interest and Sinking Fund shall be established and main- tained by said City at an official depository bank of said City. Said Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of said City, and shall be used only for paying the interest on and principal of said-Cer- tificates. All ad valorem taxes levied and collected for and on account of said Certificates shall be deposited, as collect- ed, to the credit of said Interest and Sinking Fund. During each year while any of said Certificates or interest coupons appertaining thereto are outstanding and unpaid, the governing body of Said City shall compute and ascertain e. rate and amount of ad valorem tax which will be sufficient to raise and produce the money required to pay the interest on said Certificates as such interest comes due, and to provide and maintain a sinking fund adequate to pay the principal of such Certificates as such principal matures (but never less than 29 of the original prin- cipal amount of said Certificates as a sinking fund each year); and said tax shall be based on the latest approved tax rolls of said City, with full allowance being made for tax delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable property in said City for each year while any of said Certificates or interest coupons appertaining there- to are outstanding and unpaid; and said tax shall be assessed and collected each such year and deposited to the credit of the aforesaid Interest and Sinkinq Fund. Said ad valorem taxes sufficient to provide for the payment of the interest on and principal of said Certificates, as such interest comes due and such principal matures, are hereby pledged irrevocably for such payment, within the limit prescribed by law. Section 8. Said Certificates additionally shall be pay- able from and secured by the surplus revenues derived by the City from the ownership and operation of the City's Electric Light and Power System remaining after paymen'; of (i) all operation and maintenance expenses thereof, and all debt ser- vice (Retirement Fund), Reserve Fund, Contingencies Fund, Im- Frovement Fund, and other requirements, payments, and deposits -4- required in connection with the City's Revenue Bonds (now or hereafter outstanding) which are payable from Net Revenues of the City's Electric Light and Power System, and (ii) payment of the principal of and interest on the City of Denton Certi- ficates of Obligation, Series 1979-A, dated December 1, 1979, and other requirements, payments, and deposits required in connection with the City's Certificates of Obligation, Series 1979-A. The City shall deposit such surplus revenues and the ad valorem taxes, levied nursuant to Se^tion 7 hereof to thF credit of the Interest and Sinking Fund created pursuant to Section 7 in an amount sufficient to pay the principal of and interest on the Certificates herein authorized, and if surplus revenues are actually on deposit in the Interest and Sinking Fund in advance of the time when ad valorem taxes are schedul- ed to be levied for any year, then the amount of taxes which otherwise would have been required to be levied pursuant to Section 7 may be reduced to the extent and by the amount of the surplus revenues then on deposit in the Inter.4st and Sinking Fund. Section 9. That the mayor of said City is hereby author- ized to have control of said Certificates and all necessary records and proceedings pertaining to said Certificates pend- ing their delivery and their investigation, examination, and approval by the Attorney General of the State of Texas, and their registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of said Certificates, said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate printed and endors- ed on each of said Certificatess, and the seal of said Comptroller shall be impressed, or placed in facsimile, on each of said Certificates. Section 10. That the City covenants to and with the pur- chaser of the Certificates that it will make no use of the pro- ceeds of the Certificates at any time throughout the terra of this issue of certificates which, if such use had been reason- ably expected on the date of delivery of the Certificates to and payment for the Certificates by the purchaser, would have caused the Certificates to be arbitrage bonds within the mean- ing of Section 103(c) of the Internal Revenue Code of 1954, as amended, or any regulations or rulings pertaining thereto; and by this covenant the City is obligated to comply with the re- quirements of the aforesaid Section 103(c) and all applicable and pertinent Department of the Treasury regulations relating to arbitrage bonds. The City further covenants that the pro- ceeds of the Certificates' will not otherwise be used directly or indirectly so as to cause all or any part of the Certificates to be or become arbitrage bonds within the meaning of the afore- said Section, 103 (c) , or any regulations or rulings pertaining thereto. Section 11. That it is hereby officially found and deter- mined and declared: that a case of emergency or urgent public necessity exists which requires the holding of the meeting at which this Ordinaiice is passed, such emergency or urgent public necessity being that the proceeds from the sale of said Certi- ficates are required as soon as possible and without delay for necessary and urgently needed public improvements; and that said meeting was open to the public, and public notice of the time, place, and purpose of said meeting was given, all as re- quired by Vernon's Ann. Civ. St. Article 6252-174 -5- Section 12. That said Certificates are hereby sold and shall be delivered to First State Bank of Denton Denton Texas for cash for the par value thereof and any accrued interest to date of delivery, and any such accrued interest shall be de- posited into the Interest and Sinking Fund. 1 m t , ' ,..~_.:..~w,..:,,:~~„mow,,,;,;,,;.. '~.s °o 0 1, ~d i'f..~.. 1 I I ,1 l ~ ~ 1 'r *NO. ~Q ' 30 T AN ORDINANCE AMENDING APPENDIX B OF THE CODE OF ORDINANCES, THE MSB ZONING ORDINANCE XRTICLE TIIE CITY OF 28A ENTTLED DENTON TEXAS BY ADDING TO APPENDIX B A N 28A HISTORIC LANDMARK PRESERVATION"; DEFINING THE TERM HISTORIC y LANDMARK; CREATING A HISTORIC LANDMARK COMMISSION AND PROVIDING ~(J FOR ITS POWERS AND RESPONSIBILITY; PROVIDING FOR THE DESIGNA- TION OF HISTORIC LANDMARKS BY THE CITY AND ESTABLISHING CRITERIA FOR USE IN DETERMINING HISTORIC LANDMARK DESIGNATIONS; REGULATING THE REPAIR, REMOVAL AND DEMOLITION OR REMOVAL OF HISTORICAL LANDMARKS; DEFINING THE POWERS AND AUTHORITY OF THE PLANNING AND ZONING COMMISSION OVER HISTORIC LANDMARKS AND OF THE CITY COUNCIL; PROVIDING THAT HISTORIC LANDMARK DESIGNATIONS SHALL NOT AFFECT PRESENT ZONING USES; PROVIDING A PENALTY. WHEREAS, the City of Denton, Texas has a history and a heritage unique and different from any other City :n Texas which is worthy of civic pride and preservation; and WHEREAS, the City Council recognizes its responsibility to preserve and protect places and areas in the City of historical and cultural importance and significance for the general welfare of thr community; NOW1 THEREFORE, THE CCiUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. ' Appendix B of the Code of Ordinances of the City of. Denton, Texas, the Comprehensive Zoning Ordinance of the City of Denton, is hereby amended by adding to Appendix B a new Article 28A to hereafter read as follows: ARTICLE 28A HISTORIC LANDMARK PRESERVATION. Section 28A-1. "HISTORIC LANDMARK" DEFINED As used in this article, the term "historic landmark" shall mean any building, structure, site, district, area, or land of architectural, historical, archaeological or cultural importance or value, which the city council determines shall be protected, enhanced, and preserved In the Interest of tho culture, prosperity, education and general welfare of the people. Section 2EA-2. DECLARATION OF POLICY. The city council hereby finds and declares ns a matter of public policy that the protection, enhancement, preservation and use of historic landmarks is a public necessity and is required in the interest of the culture, prosperity, education anO gene:el xslfare of thb people. Tae purposes of this chapter are; (a) To protect, enhance and perpetuate historic landmarks which represent or reflect distinctive and important elements of the city's and state's architectural, archaeological, cultural, social, economic, ethnic and political history and to develop appropriate settings for such places. (b) To safeguard the city's historic and cultural heritage, as embodied and reflected in such historic landmarks by appropriate regulations. (c) To stabilize and improve property values in such locations. (d) To foster civic pride in the beauty and accomplish- ments of the past. (e) To protect and enhance the city's attractions to tourists and visitors and provide incidental support and stimulus to business and inJustry. (f) To strengthen the economy of the city. (g) To promote the use of historic landmarks for the culture, prosperity, education, and general welfare of the people of the city and visitors of the city. Section 28A-3. HISTORIC LANDMARKS-DESIGNATION. , The city council may designate buildings, structures, sites, districts, areas and lands in the city as historic landmarks and define, amend and delineate the boundaries thereof. The suffix "H" shall indicate the zoning designation of those buildings, structures, sites, districts, areas and lands which the city council designate as historic landmarks. Such designation shall be in addition to any other use designation established in tha k%omprehensive zoning ordinance. The zoning map shall relfect the designation of a historic landmark by the letter "H" as a suffix to any other use PAGE 2 designation established under the comprehensive zoning ordinance. Section 2BA-4. SAME-CRITERIA TO BE USED IN DESIGNATIONS. In making such designations as set forth in Section 26A-3, the City council shall consider, but shall no be limited to, one or more of the following criteria: (a) Character, interest or value as part of the develop- ment, heritage or cultural characteristics of the City of Denton, State of Texas, or the United States. (h) Recognition as a recorded Texas historic landmark, a national historic landmark, or entered into the National Register of Historic Places. (c) Embodiment of distinguishing characteristics of an architectural type or specimen. (d) Identification as the work of an architect or master builder whose individual work has influenced the development of the city. (e) Embodiment of elements of architectural design, detail, materials or craftsmanship which represent a significant architectural innovation. (f) Relationship to other distinctive buildings, rites or areas which are eligible for preservation according to a plan based on architectural, historic or cultural motif. (g) Portrayal of the environment of a group of people in an area of history characterized by a distinctive architectural style. (h) Archaeological value in that it has produced or can be expected to produce data affecting theories of historic or prehistoric interest. a (i) Exemplification of the cultural, economic, social, ethnic or historical heritage of the city, State or United States. PAGE 3 (j) Location as the site of a significant historic event, (k) Identification with a person or persons who :,isnificantly contributed to the vulture ?,id de,ielopment of the city, State or United States. (1) A building or structure that because of its location has become of value to a neighborhood, community area, or the city. (m) Value as an aspect of community sentiment or public pride. Section 28A-5. HISTORIC LANDMARK COMMISSION-CREATED. (a) There is hereby created a commission to be known as the Historic Landmark Commission of the City of Denton, here- inafter called the "landmark commission," composed of nine members appointed by the city council. The landmark commission shall include at least one representative from each of the following organizations or professions: (1) Denton County Historical Commission. (2) The Denton County Sar Association, (3) An Architect. (4) A Certified Public Accountant. (5) An owner of real property in the City. (b) The other members of the landmark commission shall be appointed from such other individuals and organizations as the city council may in its discretion wish to consult or consider; provided that no onA business or professional interest shall constitute a majority membership of the commission. (c) Members of th4) landmark commission shall be appointed for two year terms, except that the original representatives from the five fields of expertise shall serve for a term of two years, Ind all other original members of the landmark commission shall be appointed for a one year term. Thereafter all members of the landmark commission shall be appointed for two year terms. Vacancies in an unexpired term shall be filled by the city council for the remainder of the term, PAGE 4 r (d) In addition to the nine members appointed by the city council, the following persons or their designates shall sit on the landmark commission as ex officio members: 1. The Director of Planning of the City of Denton. 2. The Building Official of the City of Denton. 3. The Chairman of the Denton County Historical Commission . (e) None of the ex officio members shall have voting power, but shall assist the landmark commission in its various functions. (f) The landmark commission shall meet as often as necessary to dispose of the business of the commission or upon call by the commission chairman or upon petition of a simple majority of commission members. Five members present shall constitute a quorum for the transaction of business and all issues shall be decided by a majority of those members present and voting, except that in those Instances where only a quorum of five is present at a meeting, all issues shall be decided by at least four affirmative votes. The i:ommission shall adopt appropriate rules and regulations for the conduct of its business and the election of its chairman and other officers. The minutes of each meeting shall be filed in the office of the city secretary. (g) The city attorney shall be the legal advisor for the Historic Landmark Commission. (h) The fact that one or more representatives from the five fielcs -.~f expertise may not at any given point be a member of tha landmarx commission, for whatever reason or reasons, shall not affect the validity of any decision or act of the commission. Section 29A-6. SAME-FUNCTION. (a) The landmark commission shall thoroughly familiarize itself with buildings, structures, sites, districts, areas and lands within the city which may be eligible for designation as PAGE S historic landmarks and shall prepare an historic landmark preservation plan, hereinafter referred to as the "preservation plar.," xh!ch shall: (1) Establish criteria to be used in determining whether certain buildings, structures, sites, districts, areas, lands and other objects should be designated as historic landmarks. (2) Establish guidelines to be used in determination of whether to grant or deny certificates of appropriateness and certificates of demolition or removal. (3) Formulate a program for private and public action which will state the role of various city agencies in preservation of historic landmarks. (4) Suggest sources of funds for preservation and restoration activities and acquisitions, to include federal sources, state sources, private and foundation sources, as well as municipal sources. (5) Recommend to the proper agencies incentives designed to encourage historical preservation. (b) The preservation plan shall be presented to the city planning commis:-ion for consideration and recommendation to the city council for inclusion in the comprehensive plan of the city. (c) The landmarr commission shall recommend to the city planning commission ordinances designating certain buildings, structures, sites, districts, areas and lan& in the city as historic landmarks. The landmark commission shall hold a public hearing on all proposed ordinances and V.e owner of any land included in the proposed ordinance shall be givLn at least ten days written notice of the public hearing. w PAGE 6 i • 1 r (d) If the landmark commission finds that buildings, structures, sites, districts, lands or areas cannot be prese-vz%] without acquisition, the landmark commission may recommend to the city council that the fee or a lesser interest of the property in question be acquired by gift, devise, purchase, eminent domain or otherwise, pursuant to the city charter and state and federal law. (e) Where there are conditions under which the required preservation of a historic landmark would cause undue hardship on the owner or owners, use district changes may be recommended by the landmark commission. (f) The designation of a historic landmark may be amended or removed using the same procedure provided in this article for the original designation. (g) The landmark commission shall provide information and counseling to owners of designated historic landmarks. Section 28A-7. ACTION BY THS CITY PLANNING COMMISSION. (a) The city planning commission shall hold public hearings as provided for in Article 1011f, Vernon's Annotated Texas Statutes, to consider any historical landmark designation ordinance after receiving a recommendation for the landmark commission. The notices provided for in Article 1011f shall be sent to all owners of property which is proposed for "H" designation as well as to the adjoining property owners specified in said article. (b) Within thirty days after thu hearing, the city planning commission shall set forth in writing its recommen- dation, including the findings of fact that constitute the basis for its decision, and shall transmit its recommendation concerning the proposes? ordinance to the city council along with the recommendation of the landmark commission. Section 28A-8. RECORDING OF DESIGNATION. Upon passage of a' historic landmark designation ordinance, by the City Council, the city secretary shall file a copy of PAGE 7 the ordinance with City and Denton County Tax Assessors together with a notice briefly stating the fa,:t of i h a designation and shall send a copy of Such notice to the owner or owners of the affected property by certified mail. Section 28A-9. EXTERIOR ALTERATIONS AND CHANGES-CERTIFICATE OF APPROPRIATENESS, ORDINARY REPAIR OR MAINTENANCE, APPEAL. No person or entity shall construct, reconstruct, alter, change, restore, remove or demolish any exterior architectural feature of a designated historic landmark unless application be made to the landmark commission for a certificate of appropriateness and such a certificate be granted. As used in this article, the term "exterior architectural feature" shall include but not be limited to architectural style and general arrangement of such portion of the exterior of a structure as is designed to be open to view from a public way. (a) Procedure when building permit is required: (1) When applying for a building permit for the exterior of a designated historic landmark, the applicant shall submit two copies of all detailed plans, elevations, perspec- tives, specifications and other documents pertaining to the work to the building official, who shall forward such application to the commission chairman. Any applicant may appear at a regular or special meeting of the landmark commission before submitting an application and may consult with said commission during the review of the permit application. (2) The landmark commission, upon ten days written notice to the applicant, shall hold a hearing on the appli- cation. Upon review of the application, if the landmark commission finds the proposed work of a nature which will not adversely affect any significant architectural or historical feature of the designated historic landmark, and is appropriate PAGE 0 and consistent with the spirit and purposes of this article, it shall forward a certificate of appropriateness to the building official fter the public heaiirag and the building official shall so advise the applicant after the certificate is received. (3) If the landmark commission findL that the pro- posed work will adversely affect or destroy any significant architectural or historical feature of the designated historic landmark or is inappropriate or inconsistent with the spirit and purposes of this article, it shall notify the building official that the application has been disapproved and shall notify the applicant of the disapproval and of the changes in the application which are necessary to secure the approval of the application. (4) If no action has been taken by the landmark commission within sixty days of original receipt by the landmark commission, a certificate of appropriateness shall be deemed issued by the landmark commission, and the building official shall so advise the applicant. (S) No change shall be made in the application for any building permit after issuance of a certificate of appropriate- ness without resubmittal to the landmark commission and approval thereof in the same manner as provided above. (6) After a decision is reached by the landmark commission denying an application for a certificate of appro- priateness, a resubmittal of application will not be accepted for additional hearing within a twelve-month period from the date of final decision except upon written request by the applicant indicating that there has been a change in conditions or that all changes in the application as recommended by the landmark commission have been made. (b) Procedure when building permit is not required: (1) Those proposed exterior changes and alterations not requiring a building permit shall be submitted in writing PA(I B 9 ,.I ,r r ; ; •r •1 r r •.1 directly to the historic landmark commission fnr a certfir.ate of appropriateness which must be granted before such work can be undertaken. Applicant shall submit a copy of all proposed alterations and changes to the commission. The application must specifically describe th., alteration or change proposed. Any applicant may appear at a regular or special meeting of the landmark commission before submitting an application and may consult with said commission during the review of the application. (2) The landmark commission, upon ten days written notice to the applicant, shall hold a hearing on the application. Upon review of the application, if the landmark commission finds the proposed work of a nature which will not adversely affect any significant architectural or historical feature of a designated historic landmark and is appropriate and consistent with the spirit and purposes of this article, it shall forward a certificate of appropriateness to the applicant within thirty days of the receipt of said application. (3) If the landmark commission finds that the pro- posed work will adversely affect or destroy any significant architectural or historical feature of the designated historic landmark or is inappropriate or inconsistent with the spirit and purposes of this article, it shall notify the applicant within thirty days of receipt of said application that the application has been disapproved and shall include in such notification the changes necessary to secure approval of the application, (4) If no action has been taken by the landmark commission within sixty days of the receipt of the application, a certificate of appropriateness shall be deemed issued by the landmark commission, PAaB 10 (S) No change shall be made in the application for issuance of a certificate of appropriateness without rebubmitcal to the landmark commission and approval thereof in the same manner as provided above. (6) After a decision is reached by the landmark commission denying an application for certificate of appropriateness, a resubmittal of application will not be accepted for additional hearing within a twelve month period from the date of final decision except upon written request by the applicant indicating that there has been a change in conditions or that all changes in the application as recommended by the landmark commission have been made. (c) Ordinary repair or maintenance: Ordinary repair or maintenance which does not involve changes in architectural and historic value, style or general design is exempt from the provisions of this section. (d) Appeal. Any applicant or interested person aggrieved by a ruling of the landmark commission under the provisions of this section may, within thirty days after the date of such ruling, appeal to the city council. • Section 28A-10. OISTORIC LANDMARKS-DEMOLITION OR REMOVAL. (a) If an application is received for demolition or removal of a designated historic landmark, the building official shall immediately forward the application to the landmark commission. The landmark commission shall hold a public hearing on the application within thirty days after the application is initially filed with the building official. The applicant shall be given ten days written notice of the hearing. The landmark commission shall consider the state of repair of the building, the reasonableness of the cost of restoration or repair, the existing and/or potential usefulness, including economic usefulness of the building, the purposes behind preserving the structure as a historic PAGE 11 landmark, the character of the neig`~borhood, and all other factors it finds appropriate. If the landmark commission determines that in the i^torest of preserving %latorical values, the structure should not be demolished or removed, it shall notify the building official that the application has been disapproved, and the building official shall so advise the applicant wi~hin five .'Lys therefrom. If the landmark commis- sion determines that the interest of preserving historical values will not be adversely affected by such demolishment or removal or that the interest of preserving historical values can best be served by the removal of a structure to another specified location, it shall issue Its certificate of demolition or its certificate of removal, as may be ap~ro- priate, too the building official; and the building official shall so advise the applicant within five days therefrom. (b) If no action has been taken by the landmark commission within sixty days of original receipt by the landmark commis- sion of the application, a certificate of demolition or a certificate of removal shall be deemed issued by the landmark commission and the building official shall so advise the applicant. (c) After a decision is reached by the landmark commission denying an application for a certificate of demolition or a certificate of removal, a resubmittal of application for such a certificate will not be accepted for additionnl hearing within a twelve-month period from the date of final decision. (d) Any applicant or the owner of any prorurt; located within three hundred feet of any landmark who Is aggrieved by a ruling of the landmark commission concerning same landmark under the provision of this section may, within sixty davs after the ruling of the landmark commission, appeal to the city council. Poliowing a public hearing to be hold within thirty days of the filing of a notice of such appeal with the city secretary, the city council may, by a simple majority vote, PAGE 12 uphold or overturn any ruling of the landmark commission made pursuant to this section. Section 28A-11. PROCEDURE FOR OBTAINING BUILDING PBRM1T, REMOVAL PERMIT, DEMOLITION PERMIT AND FOR ALTERING THE EXTERIOR OF A BUILDING OR STRUCTURE DURING PENDENCY OF CONSIDERATION OF SUCH BUILDING OR STRUCTURE AS A HISTORIC LANDMARK OR AS PART OF A HISTORIC LANDMARK. (a) From and after the date on which the question of whether or not any building, structure, or site within the City should be designated as a historic landmark is placed upon the agenda for any special or regular meeting of the landmark commission, or from and after the date on which such agenda is posted in accordance with the provision of Articlf 6252-17, V.A.T.C.S., as amended, or from and after the date that the landmark commission approves or recommends a preservation plan or any amendment of any existing preservation plan which embraces or includes the building, structure, or site within the city, whichever date first occurs, no building permit allowing the construction, reconstruction, alteration, change, restoration, removal or demolition of any exterior architectural feature of any building or structure than existing including or embraced in whole or in part within the scope of such agenda consiJeration or such preservation plan or such amendment thereof, as the rase may be and no permit allowing the demolition or removal of all or any part of any such building or structure may be issued by any official of the city, nor if no such permit is required, may any person or entity construct, reconstruct, alter, change, restore, remove or demolish any exterior architectural feature of any such building or structure, until the ear'-test of the following conditions have been met: (1) A final and binding certificate of appropriate- ness, removal or demolition, as may be appropriate, has been issued by the landmark commission; W' The landmark commission fails to make a recommen- dation that' some part or all of any such building or structure PAGE 13 ti , be designated a historic landmark or be included within a historic landmark or within a preservation plan or an amendment thereof within ri°ty days following the carlies: of the above described dates activating this section application under the circumstances; or, (3) A final and hinding dc, lion has been made by the city council that no part of any such building or structure shall be designated a historic landmark or shall be included within any designated historic landmark. Provided, however, that should the city council fail to act within ninety days from the date an appeal is filed, the requested permit shall be granted. The ninety day time limitation may be waived by the appellant to allow the city council an additional thirty days in which to act. (b) It shall be the duty of the landmark commission to furnish the building official with a copy or written notice of each such written order or such agenda or such preservation plan or amendment thereof, as the case may be, as promptly after the preparation thereof as is practicable. The failure to so furnish the building official with a copy or written notice thereof, however, shall not have the effect of validating any building permit, removal permit or demolition permit issued in ignorance of any such written order or ' dgenda. In any instance in which any such permit may not be required, it shall be the duty of the landmark commission to give notice of any such written order or such agenda or such preservation plan or amendment thereof to the owner or owners of any building or structure included within the scope thereof, which notice shall be deemed comolete when actually given, orally or in writing, to such owner or owners, or when written notice thereof is deposited in the United States mail, postage prepaid, certified or registered, with return receipt requested, addressed to such owner or owners, whichever event first occurs. PAGE 14 (c) Any permit issued to any person or entity from or after the date of any such written order, or such agenda, or the approval or rec^mmendation of such preservation plan or amendment thereof, as the case may be; shall be null, void -ir.d of no force or effect until the earliest of the events described in subparagraphs (1), (2) and (3) of subsection (a) next above to occur. (d) Notwithstanding any other provision of this chapter, no building permit, removal permit or demolition permit shall be issued by the building inspector for any structure located in a National Register District except as authorized by the subsection. The building inspector shall notify the landmark commission immediately of any application requesting a building permit, removal permit or demolition permit for a structure located in a National Register District. No such permit shall be issued by the building inspector before the landmark commission has made a recommendation or scheduled the structure on its agenda or before the expiration of forty (40) calendar days, whichever is sooner. If a structure is made an agenda item, it shall be scheduled for a public hearing as sons as adjacent property owners are notified. For purposes of this subsection, "National Register District" is defined as a designated area possessing a significant concentration, linkage or continuity of sites, building structures or objects which are separated geographically but are linked by association or history; provided, that no area may be considered a National Register District for purposes of this subsection unless it has been designated in the Federal Register pursuant to the National Preservation Act of 1966, as amended, prior to the effective date of this amendment, and until maps depicting such area are wade availaale for inspection by the public in the office of the Building Inspection Department. Notwithstanding any provision hereof, this section shall not apply to geographical areas designated as historic districts under the provisions of .this ordinance. PACE is Section 28A-12. SAME-OMISSION OF NECESSARY REPAIRS. (a) The exterior of a designated historic landmark shall be maintained to insure the structural soundness of such landmark. (b) If the landmark commission finds that there are reasonable grounds to believe that a designated historic landmark is structurally unsound or in imminent danger of becoming structurally unsound, the landmark commission shall notify in writing the owner of record of the designated M storic landmark of such fact. (c) Upon the giving of ten days written notice to the owner of record of such designated historic landmark, the landmark commission shall hold a public hearing to determine if the designated historical building is structurally unsound or in imminent danger of becoming structurally unsound. Tie landmark commission's report may include evidence of economic hardship or willful neglect. (d) At the conclusion of the hearing, if the landmark commission finds that the designated historic building is structurally unsound or in danger of becoming structurally unsound and that no valid reason exists as to why the owner cannot or should not undertake to safeguard the structural soundness of the building, it shall in writing notify the record owner of the finding. (e) The owner of record of a designated historic landmark who has been notified by the landmark commission that such landmark is structurally unsound or in danger of so becoming shall within ninety days of receipt of such notice, satisfy the historic landmark commission that reasonably necessary repairs to safeguard the structural soundness of the landmark have been effected. (f) If the landmark commission determines that the building is structurally unsound but there are valid reasons why the owner cannot or should not undertake to safeguard the structural soundness of the building, it shall forward to the PAGE 16 1 city council its recommendation as to what action, if any, should be taken on the structure. (g) Any aprlic;rnt cr intcr,;sLed person agglrie'ved by a ruling of the landmark commission under the provisions of this section may, within thirty days after the date of su ;t ruling, appeal to the city council. Section 28A-13. HISTORIC LANDMARK DESIGNATION TO COEXIST WITH OTHER USE CLASSIFICATIONS. Use classifications as to all property which may be included in a historic landmark designation shall continue to be governed by the comprehensive zoning ordinance of the city and the procedures therein established. Section 28A-14. HISTORIC DISTRICTS DEFINED; RESTRICTIONS IMPOSED THEREIN; CRITERIA FOR DISTRICT BOUNDARIES ESTABLISHED; REQUISITES FOR APPLICATIONS FOR DISTRICTS SET FORTH; CRITERIA FOR EVALUATING SAME PROVIDED; DISTRICT PRESERVATION PLANS DEFINED; MIS- CELLANEOUS ADMINISTRATIVE REQUIREMENTS OF LANDMARK COMMISSION SET FORTH; PROCEDURE FOR MODIFICATION OF ORDINANCE PROVISIONS ESTABLISHED. (a) DEFINITION. Districts which may be designated Historic Landmarks pursuant to Section 28A-1 shall herein be referred to as "HISTORIC DISTRICTS" and shall mean geographically definable areas; possessing significant concentration, linkage, or continuity of buildings, structures, sites, areas or land which are united by architectural, his- torical, archaelogical, or cultural importance or significance. (b) RESTRICTIONS. All buildings, structures, sites, areas or lands located with a designated historic district, whether individually designated historic or not, are subject^to these regulations. No person or entity shall construct, reconstruct, alter, change, restore, remove or demolish in any way the exterior features of such building, structure, or site, area or land until a permit has been granted by the building official of the City of Denton. Furthermore, no public improvements, including, but not limited to, street construction, signs, lighting, sidewalk construction, parking facilities and traffic PADS 17 system changes, except traffic control signs and devices, shall be made within or affecting a historic district without approval of the city council after recommendation has been submitted by the landmark commission and appropriate city departments. (c) DISTRICT BOUNDARIES. The boundaries of historic districts shall be drawn so as to include all buildings, structures, sites, areas or lands which meet one or more of the criteria set out in Section 28A-3 herein or which directly affect or relate to such buildings, structures, sites, areas or lands meeting on one more of the Section 2BA-3 criteria, provided that at least Sit of the total structures within the boundaries are of architectural, historic, archaeological, or cultural importance or value. (d) ESTABLISHMENT OF HISTORIC DISTRICTS. (1) Applications for consideration of a historic district shall be based upon architectural, historical, archaeological or cultural importance or value and accompanied by a report to the landmark commission containing the following information. (a) A list of specific buildings, structures, sites, areas or lands of importance or value located within the proposed district boundaries and description of the particular importance or value of each such building, structure, site, area or land. (b) A map showing the boundaries of the proposed historical district drawn to a scale of 1"200'; and the location of each structure of importance or value identified by a number or letter designation. (c) Sufficient photographs of each building, structure, site, area or land of importance or value showing the condition, color, size and architectural detail of each; and, PAGE 18 (d) A description of each building, structure, site, area or land, of impor'a-icc or value showing the condf tior., color, size and architectural detail of each; and where possible 1, date of construction 2, builder or architect 3. chain of uses and ownership 4. architectural style 5. materials 6, construction technique 7, recognition by State or National Government as architecturally or historically significant, if so designated. (2) Application for establishment of an historic district on the basis of cultural or archaeological importance or value shall be accompanied by a report containing the following information: (a) A map showing the boundaries of the proposed district drawn to a scale of 111=200'; (b) A description of the cultural or archaeological importance or value of the building, structure, site, area or land being proposed for historic designation; and (c) Any evidence which would show recognition by either the State of Texas and/or the National Government. (3) Applications to increase the boundaries of an historic district may be made if one or more of the following conditions are met: (a) When buildings, structures, sites, areas or lands of importance or value are related to the district are requested for inclusion. (b) When facts p►.eviously undisclosed to or unknown by the landmark commission are revealed which indicate that a particular building or site Is possessed of special architectural, archaeological, cultural or historical importance or value. PAG 8 10 F~-e., 1 (4) Applications to reduce the boundaries of an historic district may be made when one or mire of the following conditions have been met: (a) When it aan be shown that a particular building, structure, site, area or land has no historic, architectural, archaeological or cultural importance or value to the viability of the district. (b) When exclusion of buildings, structures, sites, areas or lands is necessary for major new development that would support either the architectural, historical, archaeological, or cultural character or economic viability of the district. (c) When it can be shown that no degradation of the district either physical, historical, architectural, archae- ological, or cultural will result from exclusion of property from the district. (S) Application for inclusion or exclusion may be made when either continued exclusion or inclusion of property within the district would render it an economical hardship for reasonable continuation in its present exterior form. In order to establish such economic hardship, the owner must show that no reasonable alternative use exists which allows the exterior of the building to remain in its original style. In evaluating economic return, the Commission may request the owner to document the value, rents, returns, tax burden, and/or contracts, pertaining to the property. (e) CRITERIA FOR DESIGNATION OF HISTORIC DISTRICTS. In evaluating applications for historic districts, the landmark commission shall consider Sections 28A-3 and Section 28A-13(d). If the landmark commission recommends the establishment of an historic district or districts, it shall cause to be prepared an historic district designation ordinance which shall contain, but not be limited to, the following: (1) A statement of purpose setting forth the commission's reasons for rocommending designation of the district; and PAGE 20 (2) A legal description of the boundaries of the district; (3) Maps, charts and photographs of the buildings, structures, sites, areas, or lands located within the district; (4) Findings that support the criteria required in Section 28A-3 and 28A-13, if applicable, that establishes the particular importance or value of the district. (5) Recommendations for the protection and preser- vation of the district referred to herein as district preservation plan, (f) DISTRICT PRESERVATION PLAN. The district preservation plan shall include, but shall not be limited to the following: (1) Zoning Classification of Uses. The commission may • examine the uses existing within the district in terms of their individual and continued effect upon the character, safety, economic and physical impact of the district and may recommend such changes in zoning, height and area regulations. (2) D+jilding Code Requirements. The commission may review and recommend any amendments to the building regulations it fools necessary to preserve the architectural and historic integrity and authenticity of structures within each such district. (3) Sign Regulations. The Commission may review the provisions of the sign regulations that are permissible within each such district and recommend stich alterations in size, location, typo and construction they feel appropriate. In preparing such rocommondat Ions, the Commission shall consider existing signs as well as criteria for future signs. In the event that an existing sign or signs are deemed to have a negative impact on the character of the district, the Commission may recommend a method of removal or improvement of such sign or signs, reviewing such sign ,~engcs with owners or tenants prior to such recommendation. PAG B 21 (4) Parking Regulations. The commission may review the parking regulations in existence it the district and recommend any changes in numbers, or location of on-street and off-street parking requirements it feels necessary to enhance the district. It shall review the adequacy of parking facilities in or affecting the district and may offer recom- mendations for such public and/or private parking lots, garages or structures it deems to be in the hest overall interest of the district. (S) Architectural Regulations. As a guide for those seeking a certificate of appropriateness pursuant to Section 28A-8, the historic landmark commission may, in conformance with the applicable zoning classification, height and area limitation, and in keeping with the significant architectural, historical, archaeological or cultural elements of each such district recommend regulations affecting the exterior of the building, including, but not limited to, the following: (a) Acceptable materials for new construction such as stucco, masonry, metal and glass curtain; (b) Appropriate architectural character, scale and detail for new construction; (c) Acceptable appurtenances to new and existing structures such as gables, parapets, balconies and dormers; (d) Acceptable textures and ornamentation such as paint colors and types, use of wood, stone, metal, plaster, plastics and other man-made materials, use of shutters, wrought and cast iron, finishes of metal, colors of glass, such as silver, gold, bronze, smoke, and other details or architectural ornamentation. (e) Acceptable accessories on new or existing structures such as light fixtures, gas lights, canopies, exterior carpentry, tile or wood, banners, flags and projections; and PAG B 22 (f) For those properties which are sites, areas, lands, buildings, structures, or vacant lots which are not of historical, architectural, archaeological or cultural importance or value, development or redevelopment may be at the owner's discretion as long as there is no variance from the historic district preservation plan to materials, scale and detail, appurtenances, textures, ornamentation and accessories, and the owner complies with existing regulations. In these instances, no review by the landmark commission would be required, and no certificate of appropriateness would apply. (6) Transit and Traffic Operations. The commission may review the transit and traffic operations in and through the district and provide recommendations to the urban transportation department and city council on routes, schedules, one-way, and two-way street patterns, park and rise, shuttle services and pedestrian facilities that will enhance and preserve the character of the district. (7) Public Improvements. The landmark commission may recommend to the city council acceptable public architectural and engineering designs including street lighting, street furniture, signs, landscaping, utility facilites such as electric poles and wires, telephone lines; design textures of sidewalks and streets, such as brick, stone and tile, and ouch other elements as deemed necessary for enhancement and preservation of the district. (g) Administrative Requirements of Landmark Commission. (1) When a historic landmark commission considers an area as a possible historic district, it shall, prior to rendering its final recommendation and report, submit its report, including the district preservation plan or any proposed ordinance amendments to all city departments, boards and commissions and other public agencies directly affected, (2) In addition, it shall, and prior to rendering its final recommendation, make the plan available to the landowners in the proposed district. In the event the area under PAGB 23 consideration has established an historic district committee, the commission may include the comments of such commit -cc in its final report, if appropriate and desired, the commission should i_'scuu,arunii thnt the city council adopt the restrictions to assure that future public investment complies with the term of the district, (3) Commission approved medallions for designated structures within the district shall he prepared and, subject to the approval of the owners, may be affixed to the "fill designated structures. (h) Changes in Provisions herein. Such regulations, restrictions, and boundaries may from time to time he amended, supplemented, changed, modified, or repealed. In case, however, of a written protest against such change, signed by the owners of twenty percent or more either of the area of the lots or land included in such proposed change, or of the lots or land immediately adjoining the same and extending 200 foot therefrom, such amondmont shall not become effective except by the favorable veto of throo'fourths of nil members of the city council. Section 28A-15. PENALTY (a) It shall be unlawful to construct, reconstruct, structurally nltor, remodol, renovate, restore, demolish, raze, or maintain any building, structure, or land in a historic landmark desEknntion in violation of the provisions of this ordinanco, and the city in nddition to other remedies, may instituto any appropriate action or proceedings to prevent such unlawful construction, restoration, demolition, razing, or mmintonanco, to rostraln, correct, or abate such violation, to proyont any illopal act, business, or matntonanco in and about such promiacs, (h) Any parson, firm, or corporation violating any provisions of this chaptor shall be guilty of a misdemeanor, and •h#11 be doomed guilty of a separato offonso for each day or PAGE 24 , portion thereof during which any violation hereof is committed, continues or is permitted, and upon conviction of any such violation shall be punishable by a fine not to exceed two hundred dollars. Section 26A-16. NOTICE. Any notice required to be given under this title, if not actually delivered, shall be given by depositing the same in the United States mail, postage prepaid, addressed to the person or entity to whom such notice is to be given at his last known address. When notice is required to be given to an owner or owners of property, such notice, delivered or mailed by certified or registered mail, ray be addressed to such owner or owners who have rendered their said property for city taxes as the ownership appears on the last approved,city tax roll. SECTION II. This ordinance shall become effective from and after its date of passage and publication as required by law. PASSED AND APPROVED this the Af day of 4-jPXr4 19~~. a R~o MAYOR %4e~ CITY OF DENTON, TEXAS ATTEST, HOLT9 CITY- TM TY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY, CITY OF DENTON, TEXAS BY: PAGE 25 • :n 3n x J n Y ~r ~wj ' oiil IR o ~,W LoV I. , 4 ~ r '.711-' : ...r : 7O ti.C ~.~'t~ ~~Id%~11, ~ ~ L ,r RESOLUTION WHEREAS, the City of Denton desires to widen Loop 288 from the MKr Railroad Overpass to U.S. Interstate 35E; and WHEREAS, the State of Texas, acting through its State Highway and Public Transportation Commission, has agreed to participate with the City of Denton on this project; and WHEREAS, the State of Texas requires that all council- persons of the City of Denton execute an escrow agreement with the Str.te for its participation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: SECTION I. It is the intent of the City Council of the City of Dentoa, Texas to participate with the State of Texas in widening Loop 288 from the MKT Railroad Overpass to U. S. Interstate 35E, and all councilpersons are hereby authorized to execute originals of the attached Escrow Agreement required by the State of Texas to achieve this purpose. SECTION II. That this resolution shall take effect immediately from and after its passage and approval. PASSED AND APPROVED this the L"fday of C , 1980. CITY OF DENTON, TEXAS ATTEST:? i BROG , CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: /in i I i 3U NO. - 31 AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE REGULAR MUNICIPAL ELECTION HELD IN THE CITY OF DENTON ON APRIL 5, 1980; ORLERING A SPECIAL RUN-OFF ELECTION TO BE HELD ON APRIL 74 1980; PROVIDINM rOR E,,cm)N Wf ICIALS, VOTING PLACES AND ELECTION SUPPLIES AND EQUIPMENT. THE COUNCIL OF THE CITY OF DENTON, HEREBY ORDAINS: SECTION I. The City Council finds and declares that the April 5, 1980 regular municipal election was duly ordered for the purpose of electing councilpersons to Place 4, 5, 6, and 7 on the Council; that proper notice of said election was duly given and election official appointed; that said election was duly held and the returns of the election officials have been delivered to the Council, all in accordance with the laws of the State of Texas and the Charter and ordinances of the City of Denton: SECTION II. The official returns of the election officials having been opened, examined and canvassed, the Council hereby finds and declares that 3520 votes were cast at said election, and that the votes cast for each place on the Council were as follows: FOR MAYOR PLACE 7: • Bill Nash 1483 votes Richard 0. Stewart 1918 votes FOR CITY COUNCIL PLACE 6: Linnie McAdams 1619 votes Dwight L. Gailey 1571 votes James P. Neill 199 votes FOR CITY COUNCIL PLACE 5: R. H. Taliaferro 2956 votes FOR CITY COUNCIL PLACE 4: Viarles Hopkins 831 votes Bob :aForte 1078 votes Robert M. Mills 812 votes Christye J. Price 70 votes Donald H, Stone 272 votes Charles Davis 320 votes 1 . • 1 SECTION III. The Council finds and declares that each candidate listed below received a majority of the votes c?Et re: each puce on the Council and that each candidate listed below is hereby declared to be elected to the City Council of the City of Denton: ` MAYOR - PLACE 7 RICHARD 0. STEWART PLACE 5 R. H. TALIAFERRO and such candidates shall assume the duties of their office on the date that the Justice Department of the United States notifies the City that there are no objections to the Charter Amendments adopted by the voters on January 19, 1980 or the single member dist,vict plan of the City of Denton adopted on February 5, 1980 or on such date as the laws of the United States of America may permit the assumption of their duties on the City Council. SECTION IV. The Council hereby finds and declares that no candidate received a majority of the votes cast for Place 4 and Place 6 and that a run-off election is required to elect a council- person to Place 4 and Place 6 on the Council. SECTION V. A special run-off election is hereby ordered held in the City of Denton, Texas on the 29th day of April, 1980 for the purpose of electing councilpersons to Place 4 and Place 6 on the Council. At said election only the name of the two (2) candidates receiving the highest number of votes shall be placed on the ballot, to-wit: PLACE 4 Charles Hopkins Bob LaPorte PLACE 6 Linnie McAdams Dwight L. Gailey SECTION VI. The polls for said special run-off election shall be open from 7:00 A.M. to 7:00 P.M. and the voting place shall be in PAGE 2 the Community Building in the Civic Center on East McKinney Street in the City of Denton, Texas. SECTION VII. The election officials for said election on April 29, 1980 shall be as follows: 1. Lee Knox, Presiding Judge. 2. Bob Miller, Alternate Presiding Judge. At the Community Building on East McKinney Street. 3. Brooks Holt, City Secretary shall conduct absentee voting under the Texas Election Code. 4. (a) Lona May McClendon shall be the Presiding Judge at the Central Counting Station. (b) Joann Garbacik shall be the Manager of the Central Counting Station. (c) Marilyn Robinson shall be the Tabulation Supervisor at the Central Counting Station. The respective Presiding Judge of each voting pace and the Central Counting Station shall be authorized to appoint a sufficient number of Clerks as they may deem necessary to assist them in said election, including bilingual assistants as required by law. SECTION VIII. Absentee voting shall be conducted by the Office of the City Secretary in the Municipal Building on East McKinney Street in the City of Denton, Texas, and the polls for absentee voting shall be open for voting in person between the hours of 8:00 A.M. and 5:00 P.M. Monday through Friday during the times allowed for absentee voting. SECTION IX. The City Secretary is hereby authorized to prepare the official ballot for said election and perform each and every act required by the Charter and laws of the State of Texas for holding elections. SECTION X. It is further ordered that the punch card electronic voting system adopted by Denton County be used in said election in PAGE 3 I accordance with the terms and provisions of Article 7.15 of the Texas Election Code. The punch card electronic voting system shall be used for absentee voting in person and by mail ar~i at the polling place at the Municipal Building at the election on April 29, 1980. PASSED AND APPROVED this the 8th day of April, 1980. A CITY OF DENTON, TEXAS A ATTES 4-CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OFFyDENTON, TEXAS BY: C_.., PAGE 4 ~ f.,~; ~ • f ~ .~~,-~.~.'..IrAWl~kiw~'Will'.~:AL94~L1`f~twr'IM1Ll4~fM~64+r~. ~ ~ . ~ ~ ~ ~ 9: ~ ~ ~ .4'~' ' f i t i''Y ` L M1 a4 t A r.~.'. ,.4 R E S 0 L U T I O N N. BE IT RESOL'viill BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: SECTION I. The project by the City of Denton to widen Loop 288 from the MKT Railroad Overpass to U.S. Interstate 35E is hereby approved for the Street Improvement Fund, SdCTION II. A, The City Manager is authorized to transfer the sum of $300,000 from the Electric System Fund to the Street Improvement Fund as a cash advance to be repaid from General i Revenues over a five (S) year period at an interest rate of ten percent (101). PASSED AND APPROVED this the / day of Y' 1980. CITY OF DENTON, TEXAS r ATTES a CITY SECRETM CITY OF DENTON, TEXAS APPROVED AS TO LEGAL VORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON; TEXAS ~Lm -4 BY: t 1 i Nj 0 Y ORDINANCE NO. O • A (o AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENYU-N, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPR.OXIMATEII 13,719,53S.75 F^UARE FEET OF LAND LYING AND BEING SITUATED IN THE COUNTY OF UENTONo STATE OF T._XAS AND BEING IN THE J. S. COLLARD SURVEY, ABSTRACT NO. 2970 A. %11[TE SURVEY, ABSTRACT NO. 1406, AND THE N. WADE SURVEY, ABSTRACT NO. 1407 DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the request for annexation was introeliced at a regular meeting of the City Council of the City of Denton, Texas, on the petition of the Planning 6 Zoning Commission; and WHEREAS, an opportunity was afforded, at a public hearing held for that purpose on February 19, 1980 for all interested persons to state their views and present evidence bearing upon the annexation provided by this ordinance; and WHEREAS, this ordinance has been published in full at least o.1 time in the official newspaper of the City of Denton, Texas, prior to its effective date, and after the public hearings; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That the hereinafter described tract of land be, and the same is hereby annexed to the City of Denton, Texas, and the same is made hereby a part of said City and the land and the present and future inhabitants thereof shall be entitled to all the rights and privileges of other citizens of said City and shall be bound by 41'the acts and ordinances of said City now in effect or which may hereafter be enacted and the property situated therein shall be subject to and shall bear its prorata part of the taxes levied by the City. The tract of land hereby annexed is described as follows, to-wit: Being all that certain lot, tract or parcel of land lying and being situated in the County of Denton, State of Texas and being part of the J. S. Collard Survey Abstract No. 297, tL- A. White Survey, Abstract No. 1406 and tie N. "ade Survey, Abstract No. 1407, and being more particularly described as follows: BEGINNING at a point in the ex±sting Denton City Limits Ling as established by ordinance No. 65.4:1, said point of beginning also being the southeast corner of the J. S. Collard Survey, Abstract No, 397, and also being the most rrestorly southwest corner of the T. Toby Survey, Abstract No. 1238, and lying in the centerline of Riney goad; THENCE north 880 37' 36" west along the south boundary line of said J. S. Collard Survey, same being the centerline of Riney Road a distance of 344.63 feat to a point for a corner in the northeast right of way line .f U. S. highway 77; THENCE north 580 08' 36" west along the northeast right of way line of U. S. Ilighway 77, a distance of 884.tl feet to a point; THE„Ca north SP0 07' 116" west along the northeast right of way line of U. S, Highway 77 a distance of 3SS0,01 feet to a point for a corner same being the south corner of a corner :utoff de the present intersection of the.. northeast line of U. S. Highway 77 with the east right of way line of Bonnie Brae Road; THENCE north 290 92' 01" west along said corner cutoff line a distance of 26.60 fret to a point for a corner; TH"NCE north 00 12' 13" cast ilongg the cast right of way line of Bonnie Brno Road a distance of 2015.03 feet to a point for a corner; THENCE south 880 56' 03" east a distAnre of 41KS.61 feet to a point for a corner In the cast boundary line of said 1. S. Collard Survey, same being the west boundary line of said T. Toby Survey; THENCE south 00 S9' 39" west along the cast boundary line of said J. S. Collard Survey, same being the west boundary line of said T. Toby.Survey a distance of 1,261,05 feet to a point; THENCE south 00 S2' 08" west along the cast boundary tl..n of said J. S. Collard Survey, same being the west boundary lino of said T. Toby Survey, a distance of 301S.S9 feet to the place of beginning and containing 13,719,63S.7S square feet of land, more or less. SECTION 11. The above described property is hereby classified as Agricultural "A" District and shall so appear on the official zoning map of the City of Denton, Texas, which map Is hereby , amended accordingly. SECTION III, This ordinance shall be effective immediately upon its passage. 44p.. PASSED AND APPROVED this the day , A. D. 1980. is,/ CITY OF DENTON, TEXAS ATTEST: IJ4-~04 za-&401-~ T[OLT9 CITY SBCRBTART CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C, J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: !0~to i, (93vahtn~~!►uIj`~6ira,~ _ ' 04 9 S~ O ti f 1. any:, 1 r ' r . I I . r• ' r 1 DENTON BOY'S BASEBALL, INC. THE STATE OF TEXAS S CONTRACT FOR ;SF,RVTCES COUNTY OF P214TON 5 This Agreement made this the day of April, 1980, by and between the Denton Boy's Baseball, Inc. hereinafter referred to as "Association", and the City of Denton, hereinafter referred to as "City", each acting by and through its authorized officials, pursuant to the following terms and conditions: I, City agrees to deposit with the Association the sum of ,Eleven Thousand and No/100 ($11,000.00) Dollars, and certain fees and charges hereinafter described, for the City's fiscal year 1980. Association shall submit an annual budget to the Denton Parks and Recreation Department for approval which shall set forth on an item by item basis the fees and charges herein- after described, and the above Eleven Thousand and No/100 ($11,000.00) Dollars, the City will make one payment to the Association on tho Ist day of April 1980, in the amount projected in the annual budget. City shall make such payments solely from current revenues in the budget of the Parks and Recreation Department. Expenditures shall be authorized for a period from April 1, 1980 through August 31, 1980. II. Association agrees to provide qualified umpires for all Boy's Youth League Baseball games and special games that are sponsored by the Denton Boy's Baseball, Inc. III. Association agrees to the following additional terms and conditions: 1. It will establish a separate bank account for 'sposit of the Eleven Thousa._1 and No/100 ($110000.00) Dollars paid to the Association by the City and all expenditures for services provided shall be made from this account. DENTON BOY'S BASEBALL, INC. • PAGE 1 2. It will establish, operate, and maintain an account system for this program that will allow for a tracing of funds and a review of the financial status of the program. 3. It will permit authorized officials fo. the r,?'y o: Denton to review its booVs at any time. 4. It will reduce to wr'.ting all of its rules, regula- tions, and policies and file a copy with the Director of Parks and Recreation or his authorized representative along with any amendments, additions, or revisions whenever, adopted. 5. It will not enter into any contracts that would encumber the City funds for a period that would extend beyond the term of this Agreement. 6. It will prepare and submit a report of expenditures and revenues to the Director of Parks and Recreation or his repre- sentative by the 1st day of September, 1980, 7. It will refund the balance of the special account to the City of Denton on or before September 1, 1980. 8. It will promptly pay all bills when submitted; unless there is a discrepancy in a bill which should be promptly reported to the Dir itor of Parks and Recreation or his auth- orized representative for further direction. 9. It will appoint a representative who will be available to meet with the Director of Parks and Recreation and other City officials when requested, 10. It will indemnify and hold harmless the City from any and all claims and suits arising out of the activities of the Association, its employees, and/or contractors. 11, It will obtain releases from the officials which will release, indemnify and hold harmless the City and the Asso- ciation from any claims, injuries, or damages of the officials. 12. It will retain officials as independent contractors and not as employees. IV. The general terms and conditions are as follows: 1. If any of the terms and conditions are not complied ,DSNTON BOY'S BAS9BALL, INC, - PAGE 2 with by the Association, the City is authorized to refuse to make any further payments until the condition on which the complaint is based is corrected to the satisfaction of the City. 2,, This cnntrict shall be subject to ell valid rules, regulations, and laws applicable thereto as promulgated by the United States of America, State of Texas, or any other govern- mental body or agency having lawful jurisdiction. 3. Association is authorized and should give notices required herein to the Director of Parks and Recreation or that person's authorized representative. 4. Any contributions or gifts received by the Association are not subject to the provisions of this contract and they should be kept separate and apart from the funds, charges, and fees covered by thir, contract. • 5. Association shall provide its services and be paid by the City in the capacity of an independent contractor and not as an agent or department of the City. It shall have complete control, supervision, and responsibility for its activities under this contract including the hiring, supervision, and control of its employees. IN WITNESS WHEREOF, the parties hereto, acting under authority of their governing body and Board of Directors, have caused this contract to be duly executed in two counter pa ts, each of which will constitute an original, as of the day of May, 1980. IC AR C 0. STEWAR , MAYOR CIT OF DE TON, TEXAS ATTEST BOY'S BASEBALL, INC. BYt KS HOL , C Y SECRET R RONNIE ROBERT S, PRESIDENT CITY OF DENTON, TEXAS APPROVED AS TO'LEOAL FORMt C, J. TAYLOR, JR., CITY AliORNEY CIT4*1118 RY t W/ + ` BASEBALL, INCa - PAGE 3 ~ ~ a ~i i j i 1 ~4 i r . ; . J a Y ' ~ p ! ~ . ' 6 ~t ~1: COMMISSION Sf,~fF; DEPARISIEN I' OF 11VAIWA1's ENGINEER DIRECTOR REAGAN HOUSTON CHAIRMAN ANI) IT RL IC IRANSPORIA I ION e L DESERRM DEWITTC GREER CHARLES E SIMONS V.0. BOx 3007, ikan-Ls, 'rexns 75221 T.ny H, lt)30 1-1 AERLV REFER TO nLE ro Control: 2250-1-IO Project: C 2250-1-10 Loop 2SS: Frunl ^ f Flt (hL r),as~ To 1.11. 3SE Denton County Mr. Rick Svchla Director of Public wrks City of Denton 215 Last ttcKinney Street LLnton, Texas 76201 i Dear Mr. Svchla: 1?e are transmitting herewith a dikilicate orieir.al of an agreeEent in connec- tion with the construction of tads project. 'this agreement has been properly executed by the State arO is being forwarded for your files. Yours very truly, 44--r-1 eo , Robert L. Yielding District Engineer Attachment rr r 1 1 r r r ' i C 2250-1-10 Denton County STATE OF TEXAS X COUNTY OF TRAVIS X THIS AGREEMENT, made this / day of ' 1980, by and between the City of Denton, Texas, herelnafer called the "City", Party of the First Part, acting by and through its City Council and the State of Texas, hereinafter called the "State", Party of the Second Part, acting, by and through its State Highway and Public Transportation, Commissiun. WHEREAS, the City desires the constructioA of grading, atom. sewers, flexible base, concrete curb, gutter, asphaltic concrete pavement and incidental items within the limits from M.K.T. Railroad Overpass to Interstate Highway No. 35E on Loop 288, which is solely the City's responsibility and the City has requested the State to construct or have constructed this work. The State will construct or have constructed this work for and on b,-- -alf of the City and at the City's sole expense, excluding preliminary engineering. The estimated construction coat of this work is Four Hundred Eight Thousand Three Hundred and No/100 Dollars ($403,300.00), including contingencies and construction engineering, and WHEREAS, the City by the execution of this agreement agrees to the terms and conditions of Commission Minute No. 76943, as it applies to the City, a copy of which is attached hereto and marked "Exhibit V' and made a part of this agreement. 1. . NOW 1'IIF.REFORE, it is understood that this proposed work will be constructed by the State and the City will transmit to the State with the return of this agreement, exzcuted by the City, a warrant or check made payable to the State Treasurer, Account of Trust Fund No. 927 in the amount of Four Hundred Eight Thousand Three Hundred and No/100 Dollars ($408,300.00), to be used in paying for the proposed work required by the City in the City of Denton. It is further understood that the State will construct only those items for the City as requested and required by the City and the entire cost of such items, excluding prelintnary engineering, will be borne by the City. If the State elects to receive bids and if upon receipt of bids by the State and/or the actual construction and/or approved changes in the contemplated improvements it is found that this amount is insufficient to pay the City's portion, then the City upon request of the State will forthwith supplement this amount by an amount equal to the City's full estimated or actual share of the cost of this work less the amount previously f paid into Trust Fund No. 927. In the event the amount as paid is more than the actual cost, then the excess amount will be returned to the City. It is further understood that the work to be done on behalf of the City, as herein provided, will include the cost of contingencies and construction engineering. It is further under- stood that the City by the execution of this agreement agrees to the terms and conditions of Commission 143nute No. 769439 as it applies to the City, a copy of which is attached hereto and marked 2. j • I • • . 1 rI J~uy "Exhibit A" and made a part of this r.greement. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate on the day above stated. CITY OF DENTON STATE OF TEXAS Part of"'t at Part STATE HIGHWAY AND PUBLIC TRANSPORTATION COK41SSION By:_ _ Party of the Second Part Mayor Certified as being executed for the By "~G~KSCI~ purpose and effect of activating and/ r"Ic~mber f ily ~ncl~ or carrying out the orders, established olicies, or work programs heretofore By:_ 1 _ approved and authorized by the State M b o Ci y Cou 1 Highway and Pub11c Transportation Commta. on:~ Hember of City L 1, _ By _ Asst. Engtneer-Director under By: authority of Commission Minute Member o Ci y Co cil 70104 Recommended for execution: (§6ate) rector, Finance 3, `r WHEREAS, in DENT014 COUNTY Oil LOOP 288 in Denton frog- 141s5mrrf- Kansas-Texas Rai lroa~verp~ss to Interstate-Highway 35E, a distarrce of approximately 0.4 mile, the City of Denton has requested construction to provide access to Denton Mall; and MIEREAS, the State Irr;+artrrnl of riighw,fys tnl Publ ir. ir,rr si+orta- tion desires to assist in thf~, rey•+rst; NOW, THEU FOR[, the I,.Iineer -Directnr is directed to enter Into any necessary agreements with thr City of Denton for develnlrent of the project and to proceed in thr Trost fe.,,ihle and econ•,,;ir:al ir.,inner Frith construction of grading, structure', fn,i •,urfaciny at in estiwatpj cost of $392,000.00, financing the coat will funds made available by the City of Denton. Minute No. 76943 February 20, 1980 COPY "EXH181T A" R E S O L U T I O N WHEREAS, the City of Denton desires to widen Loop 288 from the MKT Railroad Overpass to U.S. Interstate 35E; and WHEREAS, the State of Texas, acting through its State Highway and Public Transportation Commission, has agreed to participate with the City of Denton on this project; and WHEREAS, the State of To-,.as requires that all council- persons of the City of Denton execute an escrow agreement with the State for its participation; NOW, THERisFQRE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: SECTION I. It is the intent of the City Council of the City of Denton, Texas to participate with the State of Texas in widening Lol,p 288 from the MKT Railroad Overpass to U. S. Interstate 35E, and all councilpersons are hereby authorized to execute originals of the attached Escrow Agreement required by the State of Texas to achieve this purpose. SECTION II. That this resolution shall take effect immediately from and after its passage and approval. PASSED AND APPROVED this the day of Cam' t'4 , 1980. CITY OF DENTON, TEXAS ATTEST; ' 3R S , CITY SECRISTM TY OP DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J, TAYLOR, JR., CITY ATTORNEY CITY OP DENTON, TEXAS BY: -,N 1tt'~ F, ~ ' W` r v ~ : ~f } r '.;n'. i. . 1 r t ,1,' v ~.i~ tq'~' ~ o. , ^ ~ i . s.; ~ k.~, DATE a i f P 41TIGATr Up t REPORT ❑ PER ml EST ❑ TARE APPROPRIATE ACTION FOR YOUR REfVKMENDATION ❑ PREPARE FOR MY SIGNATuAs FOR YOUR IWORMATION ❑ SEE ME U ❑ REAO AND RETVRN ❑ P.VWMT APPPOVFA ❑ FOR YOUR APPROVAL ❑ REQUEST OENIta ❑ ATTACN PILL i RET'VPN ❑ 6I.NA7VPE N CSi 1 tRUFE TITLE INSURANCE Company of Dallas PURCHASER'S STATEMENT DATE 4/2/80 GF NO 21812 SALE FROM Chaxlaie H.Toxneon Schmit#o City oY Denton PROPERTY Part of McHiram Survey Abataf4 616-(Shady Oake Induet.Park)Denton. PURCHASE PRICE D811aB.DT.&,;~h1nCBn.Bt,rr,,... {laLe~ PLUS CHARGES r~ ~ Filing tees to County Clerk W 7600 _.DT _ TST Agml AH { 7.W Loan charges and fees due to Loan transfer fee or assumption tee f Fees to VaLIFE Tale Company Tale Policy Owner Mortgagee -Binder Escrow 15.00 Restrictions s -15.00 _Ta. Cernficates State and Court) City and School - - ---Other f Survey fee t0 Attorney's fees for preparaltor. of papers to - f - Flood insurance premium to _ f Hazard insurance premium to f Tax and insurance escrowed with - f _ mos tall deposit@ per mo mos hazard insurance Ca)-- pot mo _ mos flood Insurances per mo mos mortgage insurance(co per mo Interest from to { Proration of hazard insurance from to S Proration of flood insurance from to _ S - Maintenance charge proration from -to---- S Tax proration from to S Escrowed accounts with lender purchased from Seller f TOTAL CHARGES S 22oOO _ GROSS AMOUNT DUE BY PURCHASER S13a602.00 LESS CREDITS Down payment or earnest money pad to s - Loan from { - Note assumed Interest proration from to _ { Tait proration from -I- to M0_8 Iff 9- { 1-*52 Rent proration from to S Other Credll - { TOTAL CREDITS S 15 52 BALANCE DUE BY/yj[PURCHASER {13050048 _ Purchaser understands the Closing or Escrow Agent has assembled INS Information representing thi frarilaclgn from the best information available from other Sources and cannot guarantee the accuracy thereof Any toot estate apsnt or tender involved may be furnished a copy of this Statement Purthaser understands that tai and insurance proraltons and reserves were based on figures for the preceding Vast or Suppfled by others of estimates for current Veit, and in the went of any change for currant year, all necessary adjustments must be made between Pumhaser and Sail)LdltltL TITLE 00 The undersigned hereby suihorltes USLLIFh aOF DENTOIT 1o make eependduros erW disbursements as shown Above and approves same for payment, The undersigned also tcknowledges receipt of loan Fuflde, of afxrftcable, in tho amount Shown above and a facetpl of a copy of thte Statement 0 ty of ent n BYt CLOSING OR ESCROW AGENT ADDRESS C-110-STANDARD SALE CONTRACT Martin Stationery Co., Dallas, Texas ' THE STATE OF TEXAS BY THIS AGREEMENT AND CONTRACT, COUNTY OF DENTON Parties Charlcie 11. Townson hereinafkr called Seller, acting through the undersigned and duly authorized Agent, hereby sells and agrees to convey unto City of Denton, Texas , hereinafter called Purchaser, the following described property: Lyins and situated In t he City and County of Denton, State of Texas, and being more particularly described by metes and bounds on Exhibit "A" attached hereto and made a part hereof. Properties i the purchase price Is It 139 $80.00 palvble as follows: C a s h it C 1 oS i 11 g A x x x x x x x x x x x x gx*x sJ~Wkk k ntx xx)cu -;xxtxk%x 6vka xx xmx &k Jlgextu XKp dKX)QK%NXXMXf%*]GltIONHICesekot1fKI 1&ftX IAN=X Terms Xk f'ZAJWiXWXXKxXXXXXkdolgearcaXpXXRAKI(lckNUX7OW&USso1tVM*W&XIL OhlZW( Xkbr a 1XftJb W"1=bsxx laamltlel~X >clmtst~xasd tl sac k Seller agrees to furnish Title Insurance Policy to said property, which ehail be conveyed free and clear of any and all encumbrances except those named herein. In accordance with the terms of the Real Estate License Act of the State of Texas, you, as pur- chaser, sure advised that you should have the abstract ruvering the real estate ahich is the subject of this contract examined by an attorney of your own selection, or that you should be furnished with or obtain a policy of title Insurance. If abstract 1s furnished, Purchaser agrees within ton days from the roceipt of ald abstract either to accept the title at shown by aid abstract or to return It to the undemped Arcot with the Title written objections to the title. If the abstract Is ant returned to the Agent with the written objections noted within the time specified, It shall be construed as an acceptance of aid title, if title policy to fur. nlshed, Purchaser agrees to consummate the ale within ten days from date title company approves title. If any title objections an made then the Seller or his Agent shall have a reaunable time to cure sold objections and show good and marketable title. In the event of failure to furnish good and marketable title, the purchase money hereby recelpted for Is to be returned to Purchaser upon the cancellation and return of this contrt t, or Purchaser may enforce specific performance of same. Seller agrees when the title objections have been cured, to deliver a good and eumclent Genera) Warranty Deed properly conveying saki property to said Purchaser,IgKkRqt ylX"x)IppKXlikl[dtte~>4 4l4C]tG{ Q!<X~O>sD[LiC7IX0llOKN1~CpK'dAtOGIClQ1QMlT]vt~tldKlGAAfX%%If917DQ0@Gf1<141QX Closing R U tKiPF"cx~°1 W 1>~axotttt x~ k%ioM~xRreuectgN-t~fOtb~axXiN~N~hY~xxxxxxxxxxJe2lllltAfdtdf~yx Taxes Taxes for the current year, the currant rents, insurance, and Interest, (if any), are to be prorated to data of closing. Pd xAi11Xdl~t~sCJi 7f Ofx stiRbolO K7t Jt/'~f4f91001010~st06Jpt~ Conditions ne purchase is subject to the approval by the City Council. Ext,uted in triplicate this 7th. day of February 1680 Irma cortraet snbject to the acceptance of Seller (?/Z7 ptedl CRAfftCrT{. S Seller. Sy ' ~ Purchaser, Agenltor.-G.LTY. n~ MOORE THE STATE OF SINGLE ACHNOWLEDGMENI' 'f F.\AS, COUNTY OF BEFORE ME, the undersigned authority, in and G r said County, Texns, on this iay per.+onaliy appeared _ known to u+e to be the person whose name subsrribed to the fot egoing Instrument, and acknowledged to me that ho . executed the same for the purposrs and consi(Irruti,m therein expressed. „tYEN UNDER MY HAND AND SEAL OF OFFWE, This day of A.D. 19 . (L.S.) Not:uy Public, County, Texas _ My Commission Expires . AN*Ga,E AChXGnLFa)GArNT THE STATE OF TEAS, l COUNTY OF ( BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared known to me to be the pers,,:i a h 1;r T,:rrP I~d.,c0-4 ter the forcgoirg instrument, and acknowiedjted to me that he executed the sons fnr the Irnt,:. s :ro,l r ,i ia', .n 0 Z. in expre ssed. GIVEN UNDER ;tit HAND AN'lr Sl' LI, nY r Ft h of 4.h. t9 X ,n y I'v'd.r, County, Texas }1~ nm,n Expirrs. W C 0 0 V a >r v} fie., J01- EXHIBIT "A' Y All that certain lot, tract or parcel of land lying and being situated in the City and County of Zenker., S!at:, .,f Toxds, and being part of the S. C. Hiram 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 point of beginning also lying at the intersection of the east right of way line of Duncan Street with the north right of way line of Dallas Drive (U.S. Highway 77); THENCE north lc 12' 18" east along the east right of way line of Duncan Street same being the west boundary line of said tract, a distance of 107.29 feet to the northwest corner of said tracts THENCE south 870 40' 47" east along the north boundary line of said tract a distance of 109.9 feet to the northeast corner of said tract said point also lying in the west right of way line of Willow Springs Drivel THENCE south 420 381 13" west along the east boundary line of said tract same being the west right of way line of Willow Springs Drive, a distance of 140.0 feet to the southeast corner of said tract said point also being the intersection of the west right of way line of Willow Springs Drive with the north right of way line of Dallas Drive (U.S. Highway 77)t THENCE north 890 25' 52" west along the south boundary line 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. 1 tzrnat U41FE TITLE INSURANCE Company of Dallas Owner Policy of Title Insurance GFtt?Z812 USLIFE TITLE INSURANCE Company of Callas, DALLAS. TEXAS, a Texas Corporation, HEREINAFTER CALLED THE COMPANY, for value does hereby guarantee to the herein named Insured, the heirs, devisees. executors ani administrators of the Insured, or if a corporation, its successors by dissolution, merger or consolidation, that as of the date hereof, thu Insured has good and indefeasible title to the estate or interest in the land described or referred to in this policy . The Company shall not be liable in a greater amount than the actual monetary loss of the insured, and in no event shall the Company be liable for more than the amount shown in Schedule A hereof, and shall, exempt As hereinafter stated, at its own cost defend the Insured in every action or proceeding on any claim against. or right to the estate or interest in the land, or any part thereof, adverse to the tale to the relate or interest in the land as hereby guaranteed, but the Company shall not be rngiured to defend against any claims based upon matters in any manner exrepted under this policy by the exceptions in Schedule B hereof or excluded by Paragraph 2, ' Exclusions frorn Coverage of this Policy," of the Conditions and Stipulations hereof. The party or pmrlres entitled to such defense shall within a reasonable time after 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 fable until such adverse interest, claim, or right shall have been held valid by a court of last resort to which either litigant may apply, and if such adverse interest, clam, or right so eslablMied stall be for loss than the whole of the estate or interest in the land, then the foNlity of the Company shall be only such part of the whole liability timited above as shall bear the same ratio to the whole liability that the adverse interest, claim, or right established may bear to the whole estate or interest in the land, such ratio to be based on respective values determinable As of the slate of this policy In the absence of notice as aforesaid, the Company is rel evcd from all lability with respect to any such inter, est• claim or right, provided, however, that failure to notify shall not prejudice the rights of the Insured if such Insured shall not be a party to such action or proceeding, nor be served with process the-ein, nor have any knowledge thereof, nor in any case. unless the Company shall be actually prejudiced by such failure Upon sale of the estate or interest in the land, this policy automatically ihereupnn shall become a warrantor's policy and the Insured, the heirs, devisees executors and administrators of the Insured, or if a corporation, its successors by dissolution, merger or consolidation. shall for a period of twenty five years from date hereof remain fully protected according to the' lerms hereof, by reason of the payment of any loss he. they or it may sustain on account of any timer CO warranty of title contained in the transfer or conveyance executed by the Insured conveying 50 ~So r;• ~ the estate or interest in the land, The Company shall be liable under said warranty only by reason of defects, liens or encumbrances existing prior to or at the date hereof and not r i to excluded either by the exceptions or by the Conditions and Stipulations hereof, such liability a° not to exceed the amount of this policy, s IN WITNESS HEREOF,xthe USLIFE TITLE INSURANCE Company of Dallas has caused this policy to be executed by its President under the seal of the Company, but this pr.licy is to be valid only when it bears an authorized counlersignalwe, as of the date sel forth in Schedule A. rsiaxnl r ~Ri~l freCUh:~ rx/'~i'e.• s,C~cI&eZ,4~- - - Aeexl Yme a,aYnt Sevrr.,e e+d Ge~rd Cnwd _ -u - z. rp M Irl 1 %DM x/eM Formerly DALLAS TITLE AND GUARANTY COMPANY , r Conditions and Stipulations 1. D^_fia;tions 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": These records which impart constructive notice of matters relating to the land. (c) "knowledge": Actual knowledge, not constructive knowledge, or notice which may be imputed to the Insured by reason of any public records. (d) "date": The effective date, including hour 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 fond money on the land. (b) Governmental rights of police power or eminent domain unless notice of the exercise of such rights appears in the public rec- ords at the date hereof; and the consequences of any law, ordinance or governmental regulation including, but not limited to, buitding and zoning ordinances, (c) Any titles or rights asserted by anyone including, but not limited to, persons, corporations, governments or other entities to tidelands, or lands comprising the shores or beds of navigable or perenrrol rivers and streams, lakes, bays, gulfs or oceans, or to any land extending from the tine of mean :c,u file to the line of wnyetahun, 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 arld oat Islands, or to t;parian Flights, or the rights or interests of the State of Texas or the public generally in the area extendinq from the line of mean low tide to the fine of vegetation, or their right of access therelo, or right of easernent atong and across the snnw (d) Defects, liens, encumbrances, adverse claims against the title as insured or other matters I t ) created, suffered, assumed or agreed to by the Insured at the date of this policy, or (2) known to the Insured at the date of this policy unless disclosure thereof in writing by the Insured shall have been made to the Company prior to the date of this policy, or loss or damage which would not have been sustained if the Insured were a purchaser for value without knowledge, or the homestead of community property or' survivorship rights, if any, of any spouse of any Insured. 3, Defense of Actions (a) In all cases where this policy provides for the defense of any action or proceeding, the Insured shall secure to the Company the right to so provide defense in such action or proceeding, and all appeals therein, and permit it to use, at its option, the name of the Insured for such purpose WhPriever requested by the Company, the Insured shalt give the Company all reasonable aid in any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or defending such action or proceeding. (b) The Company shall have the right to select counsel of its own choice whenever it is required to defend any action or pro- ceeding, and such counsel shall have full cons:'ol of said defense. (c) Any action taken by the Company for the defer se of the Insured or to establish the title as insured, or both. shall not be con- strued as an admission of liability, and the Company shall not thereby be held to concede liability or waive any provision of this pupcy. 4. Payment of Loss (a) No claim shall arise or be maintainable under this policy for liabill'y 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 lento; and the amount of this policy shall 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 Ic the Insured under this policy, (c) The Company shall have the option to pay or settle or compromise for or in the name of the Insured any claim Insured against by this policy, and such payment or tender of payment, together with all costs, attorney fees and expenses which the Company is obligated hereunder to pay, shall terminate all liability of the Company hereunder as to such claim. Further, the payment or tender of payment of the full amount of this policy by the Company shall terminate all liability of the Company under this policy, (d) Whenever the Company shall have settled a claim under ON policy, all right of subrogation shall vest In the Company unaffected by any act of the Insured, and it shall be subrogated to end be entitled to all rights and remedies of the Insured against any person or property in respect to such claim. The Insured, if requested by the Company, shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation, and shelf permit the Company to use the name of the Insured In any transaction or litigation Involving such rights or remedies, b. Policy Entire Contract Any action, actions or rights of action that the Insured may have, or may bring, against the Co npnny, arising out of the status of the title Insured hereunder, must be based on the provisions of this policy, and all notices required to be given the Company, and any state- ment In writing required to be furnished the Company, shall be addressed to USLIFE TITLE INSURANCE Company of Dallas, 13J1 Mein Street, Dallas, Dallas County, Texas 15202. 6. This policy Is not transferable, COQ 0 CD o DDD~ c~--i0 0-40 d a<<<c po ;o S~ f ON C; .0 j v H CO 0 ID Q o Q O C N.j y'C, d 3 -a cn ZO 3 Nano ; ocn n d ~.C ' n k Q m o i n N d o i CD ' C ~ ~ n n m v a a c c p" P n 5 f i J t j F'~ o' o G ~ ~ 1 D L1 ~ O Q 3 zD • 1 1 . SCHEDULE A' Amount: x13,580-00 Owner Policy No,: ` O 1 912 978 GF or File No.: 21812 Date of Policy: April 2, 1930 Name of Insured: City of Denton, Texas 1. The estate or interest in the land insured by this policy is: Fee Sipple (fee simple, leasehold, easement, etc.- identify or describe) 2. The land referred to in this policy is described as follows: All that certain to , tract or parcel of land I ing and being situated in the City and County of enton, State of Toms, and being part of the S. C. Hiram Survoy, Abstract No. 616, and being, part of Tract A of the rr1cprosoway Industrial Park (Shady Oaks Industrial Park)lan addition to the City and County of Denton, also being the Fourth ract of land as convoyed from First Texas Savings Association of Dallas to Charlcio H. Townson by Deed dated flay 12, 1977, and recorded in Volune 834, Page 831, Deed Records of Denton County, Texas, and more particularly doscribed as follows BEGINNING at the southwest corner of said tract said point of beginning also lying, at the intersection of the east right of way lino of Duncan Street with the north right of %ray line of Dallaa Drive (U.S. Highway 77); THENCE North 01° 121 1811 East along the east right of woy line of Dunoan Street same being the West bounder/ line of said tract, a distance of 107.29 feet to the northwest corner of said tract; THENCE South 87° 401 4711 Fast along the Borth boundary line of acid tract a distance of 109.9 feet to the Northeast corner of said tract said point also lying in the west right of way lino of Willow Springs Drive; THENCE South 420 381 1311 West along the east boundary line of said tract same being the treat right of way line of Willow Springs Drive a distance of 140.0 feet to the Southeast corner of said tract said ppoint also being the intersection of the west right of way line of Willow S rings Drive with the north right of way line of Dallas Drive (U.S. Highway ; THENCE North 89° 251 5211 West along the South Boundary line of said tre t same being the North right of way line of Dallas Drive (U.S Highway Q117) a distance of 17.24 feet to the place of begimiing, and contaiAing 6790.48 square feet of land, mole or lesse, utK ~ t>orrol+ ustirl Tnl. In.a.nc. Company 01 011421 1 1301 Mein 91 , 0214., t...9 ism rune IT U"A^ 4 nar.%? AT) le..r.M 5lCHIDULE B Owner Policy NO.: 1 912978 • This policy is subject to the Conditions and Stipulations hereof, the terms and conditions of the (eases or easements in. sured if any, shown in Schedule A, and to the following matters which are additional exceptions from the coverage of this policy; 1. Restrictive covenants affecting the land described or referred to above. 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments, or any overlapping of im- prove me n t s. 3. Taxes for the year 1180 and subsequent years, not yet due and payable 4. The following lien(s) and all terms, provisions and .ond tions of the instrument(s) creating or evidencing said lien(s); (a) Any portion of the captioned property falling trithin the bowTdaries of any road street or high fay. (b) Visible and apparent easements on or across the property. F0041 r1 1 1NSCAt 0 404 1r1H A 96--VIAILRANTY DICED-Whh Cmeml and Carpmtioo Admowledrmmta MARTIN Sntbaer, Co., Datlu THE STATE OF TEXAS, Know All Men By These Presents: COUNTY OF.......-DENTO DEED RECORDS 9960 That I gCHhRLCIE H. TOWNSON /SCfi a'married woman but not Joined herein by my husbmd for the reason that the below property constitutes no part I of our business or residence homestead and for the further reason that said property is part of my separarts property and estate, subJeot to my sole manager*9rt, disposition and cortrol; of the County of Denton , State of Texas for and in consideration of the sum of -------------------------TEN AND NO/100----------------------- -----------------------------------($10.00)--------------------DOLLARS, to me in hand paid by the City of Denton, Texas , all cash in hand paid, receipt of which is hereby fully acknowledged, t is I have Granted, Sold end Conveyed, and by these presents do Grant, Sell and Convey unto the said City of Denton, Texas of the County of Denton , State of Texas all that certain lot, tract or parcel of land lying and beinq situated in the City and County of Denton, State of Texas, and being part of the S. C. Hiram 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 point of beginning also lying at the intersection of the east right of way line of Duncan Street with the north right of way .line of Da11N8 Drive (U.S. Highway 77)s THENCE north l0 12' 18" east along the east right of way line of Duncan Street same being the west boundary line of said tract, a distance of 107.29 feet to the northwest corner of said tracts THENCE south 870 40' 47" east along the north boundary line of said tract a distance of 109.9 feet to the northeast corner of said tract said point also lying in the west right of way line of Willow Springs D ives THENCE south 420 301 13" west along the east boundary line of said tgaCt same being the west right of way line of Willow Springs Drive, a distance of 140.0 feet to the southeast corner of said :tract said ppooint also being the intersection of the west right of way line bf" Wi11ow Springs Drive with the north right of way line of Dalla r~{ ve ~l~~. Highway 77) s Y8il0V fr~~ VO1~313 rAGE 340 THENCE north 890 25' 52" west along the south boundary line 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. TO HAVE AND -TO HOLD the above described premises, together with all and singular, the rights and appurtenances thereto in anywise belonging unto the Bald City of Denton, Texas, its successors ~btiW(ind assigns forever; and I dobereby bind myself, my belrs, executors and administrators, to Warrant and Forever Defend all and singular the said premises unto the said City of Denton, Texas, its successors )b em and assigns against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. Witness my hand at Denton, Texas this e:;2 day of April, , A.D. 19 80 Witnesses at Request of Grantor. W&646~. T01dlf30S SCHMITT 4........................................................................... a a• 1 ACKi10WLBDGklET 1' THE STATE OF TEXAS, BEFORE ME, the undersigned a ithority, COUNTY OF...._._.......DENT.QN in and for said County, Texas, on this des CharlC... y personally appeared,, e. ...-.H_... ,....2Q.41fttS.41f ...►4Cf~I TT_.._..__....._ ,...._..W................... ..w__ known to~LA~,e.►e~l rr_~on....-whose name iS subscribed 1.l the foregoing Instrument, and acknowledged to me that r tKt1l ......A,>aL'©l,esllVtea- for the purposes and consideration therein es d EN U ER* t \D AND SEAL OF OFFICE, Tbb...... _day or.........Arri 1 f 4 t t 4 pit(L. 7 CH5R1DOE ,ALT IN,', OAP r[,rlr, Der':,,) C..n'y CINotacyPUN' Denton _....~..CountY.Tena r"4.ty,.IM6M hl~ EWllidl,5,:~9 Ekr,I6'+~r^. 0_~ U . y om t lion Expires JAFL.. 19 ACKNOR'LEDGHE.\T THE STATE OF TEXAS, BF.FORF. \t E, the undcnigncd authority, COUNTY OF................................................... In and for said County, Texas, on this day Ixrsonally appeared _ . _ _ _ known to me to be the person whose name_......._ sub,<ribcd to the Ioregoing Instrument, and acknewledged to me that be......... .executed the same for the purpose and consideration therein txprcwd. GIVEN UNDER MY KMND AND SEAL OF OFFICE, ThLe_ day of A. D.19.... l L S.) . . . Notary Public ....................................................................,County, Tex" My CommMon Explrts June 19._.- - CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE NNE, the undentgned authority, COUNTY OF . i In and for said County, Texas, on this day personally appeared known to me to be the person and officer whose name is subscribed to the foregoing Inirument and acknowledged to me that the acme was the act of the ofd . a corporation, and that he executed the tame as the act of such corporation for the purpose and consideration therein expressed, and In the capacity therein stated. LIVEN UNDER MY HAND AND SEAL OF OFFICE, Ills ...............................day of A. D. to.............. (LS.) Notary Public,_. .....................................................................County, Tex" My Commieion Expires June._ 19.... THL STATE OF TEXAS, COUNTY OF_ County Clark of the County Court of said County, do hereby certify that the foregoing Instrument of writing dated on the __......__.dy' of A.D. 19......... with its Certificate of Au0enticatlon, was filed for record In my office on the day of................................,............., A.D. 19................, aL.............. O'clock M., and was duly recotdad thls................... day of.._...... » AM.49,........... I at........... o'clock _161., In the Records of said County, In Vol. came...«. W on pages WITNESS my hand and aril of the County Court of said County, at cry, once In .......................,,,..........................................................................................the day and year last above written. Clerk County Court Yo~ 1010...._~x~..w3..4 ounty, True (U.) By- , Deputy. , I y I i 10 ! I ~a ~ H I {{{111 I V VC a r'\' ^ ° M x i CYZ d EM • y 431'3 Cy n i o AI e y~ r~ 33Y !o T1QA a i FI i s i i y d , ~ ~ , Ika 3 q.".I [h'. "t s G. ?,?sat PARTICIPATION AGRBFa!ffi4T THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTSt COUNTY OF DENTON X • THAT WHEREAS, Bob Jones is the developer of certain property shown on the attached plat, wMch Flat is incorporated herein as if set forth in full, in the City of Denton, Denton County, Texas, and desires to serve such property with offsite water facilitiesi and, WHEREAS, The City of Denton desires that such offsite water facilities be oversized and the City will participate in the additional cost of the oversized facilities pursuant to the provisions of Section 25-74 of the Code of Ordinances of the City of Denton, Texas; NOW, THEREFORE, THIS AGREUMENT, made this 2 diy of April 19 80 by and between Bob Jones , Denton, Texas, hereinafter called "Developer', and the City of Denton, Texas, a Home Rule municipal Corporation of the State of Texas, hereinafter called "City'; WITNFSSETHI 1. The Developer will install, by contract or otherwise, a water line and appurtenances to serve the property described on the attached plat in accordance with all City of Denton ordinances, rules, regulations, policies and procedures. The said water facilities shall be located as shown on the attached %ape which are made a part hereof for all intents and purposes. a 2. The City's share of the estimated cost of said water facilities is $ 17,724.10 . Upon completion of construction and acceptance by the City of said water facilities, the actual cost of the City's participation in said facilities shall be determined and certified to by the Director of Utilities and his certificate setting out the City's cost of said facilities shall be attached hereto and made a part hereof. 3. The City shall pay for its share of the facilit-iPn within thirty (30) days from the date of acceptance of the facilities, or under such terms and conditions that are mutually acceptable to the parties. 1. Title to said water facilities is hereby and shall at all times be vested in the City. 5. The Developer shall and does hereby agree to indemnify and hold harmless the City from any and all damages, lose or liability of any kind whatsoever, by reason of injury to property or third person occasioned by any act or omission, neglect or wrong-doing of Developer, its officers, agents, employees, invitees, contractors or other persons with regard to the performance of this contract, and Developer will, at its own cost and expense, defend and protect against any and all sucL claims and demands. IN WITNESS WHEREOF, this instrument is executed in triplicate originals this 2 day of April , A.D. 19 80 CITY OF DENTTOON TE ~ BY )Kf C . ATTESTi MKS BOLT, CITY SECATARY 1CITY OF DENT'Oti, TEAS -557 oneess dba/JJ construction BYl ATTESTi oNV~I~ ~wiJ1a,,,. YOl1~„~,~ FACE . • DEFT RFm EASEMENT FOR UTILITY LINES THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON 1 pqc~sfj THAT We, J. W. JAGOE, III, ANNA CATHERINE HARP and MARY JAGOE BERRY, for and in consideration of the sum of One and No/100 Dollars ($1.00), and other good and valuable consider- ation, to us cash in hand paid by the CITY OF DENTON, TEXAS, a municipal corporation, the receipt of which is hereby acknowledged, do hereby give and grant to the said City of Denton, Texas, its successors and assigns, the right to construct, reconstruct and perpetually maintain lines for public utilities in, upon and across the real property set forth and described in Exhib!.t "A", which is attached hereto and made a part hereof for all purposes. To have and to hold the same perpetually unto the said City of Denton? Texas, its successors and dssigns, together with the right and privil-ge to enter in and upon said property, ur any part thereof, for the purpose of constructing, reconstructing and maintaining said above mentioned public utility linesr all upon and with the distinct understanding i that the said City of Denton, Texas, its successors and assigns, will at all times after doing any work in connec- tion with the construction, reconstruction or repair of said utility lines, restore said premises to the condition same were found before such work was undertaken, and that in the use of said rights and privileges herein granted to the said City of Denton, Texas, its successors and assigns, that it will not create a nuisance or do any act that will be detrimental to said premises lying adjacent to the easement herein granted. WITNESS OUR HANDS on this the ,ijj,.day of , 1480. J. g ©I, III J 4 Anna Catherine Harp ~`sc c I_Ikre'tt 40~~ Mary Ja a y~ r • • r THE STATE OF TEXAS COUNTY OF DENTON BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared J. W. JAGOE III and MARY JAGOE BERRY, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purpose and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of 1980. 1 , ''{ad', 4 Notary Public .,;pjDenton County, Texas My commission expires: -y~ THE STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared ANNA CATHERINE HARP, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purpose and consideration therein expressed. ,,,,GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of , 1980„ r i.(~ A 5'r Sf4 1 !U ~ic Nota Public lot).16066 Dall County, Texas ' My commission expires r, . , f a va1018 r,+cz 3~3 PROPOSED EASEIMENf v0t1018 FACE 864 All that certain 20 foot wide strip of land situated in the 0. Brewster Survey, Abstract No. 56 Denton, County, Tcxat;; said tract heinf, part of a tract Shown iiy deed to J.W. Jagoc Jr., et al, and recorded in Volume 518, payee 306 of the Deed Records of Denton County, 'texas and being more particularly described as folli,trs: Beginning, `or the northeast corner of the tract bcinp described herein at an iron pin set in the wostern ripht-of-way of interstate liiy,hway Nn. 15 West at I hr tznrtheavt corner of ,;iid Jap•,oc trncI ; Thence South 21 decree, 57 minute, 20 .econdc West with the Western line of said road 614.5 feet to the r;outhca,l corner of ;aid Jal;oc tract; Thence North 89 dcs,rees n:inntc.a r60 second' We,t ith the south line of said tract :?1.55 feet to pohit Thence North 21 de.,ree, W minlllcs i .ccII:nly East t,lh.f, fact to a point in t!iv north line of ,.tid J~ytno +r•ael 't'hence South 89 dci'rces 93 tninutcr; '40 ;cc lltk I:,ivt .'1,5 feet .u the mint of bvpinnin,-. I VXHIBIT "AN . fX/ST/hG EASEMENT To ✓AC££ 1NOUSTR/AL PARK i , 16130 P.R -ai ~20.~: S.890 33 40 E. I h 21,5 ~ KAT REALTY CORK 980 1946 0 R, March 1980 180' Scale $ I"~2oo`3' C%j F- z O J. W. JAGO£, ✓r. W - p N 5181306 OR ; CO CO Cf) W' I BR L ROOFING 9851951 0./? F- tZ A; w 3 Qy N O N ti h h N N 7. t/1 JAWS Or MASON, Tiosfee 72f/ 365 O,R, 0 fV y' I A L 1 O' S. 86'02'40" E. 30,0,---\ I N. 21. 57" 20"E. 40.0! , wrhleg 1)A;~ig or rlatlsr N. 68*02'40" W, R UNSAT1SFACTUIty ! A 50.0 ~~1 l+ ~ !EOE1t7 r;,~ ' o lib naoumen 3' k . 7 • . s i S r r `f" 0, iI7 ♦ • f All • : 1 ~ c . o p J r,~ v L7 ? N z 1 cn 998a~ RTOT 1on e,E ~ o §jq if It A •1 . r: U11FE TITLE INSURANCE Company of Dallas 7 P f L w r Owner Policy of Title Insurance GF# 21836 USLIFE TITLE INSURANCE Company of Dallas, DALLAS, TEXAS, a Texas Corporation, HEREINAFTER CALLED THE COMPANY, for value does hereby guarantee to the herein named Insured, the heirs, devisees, executors and administrators of the Insured, or if a corporation, its successors by dissolution, merger 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. The Company shall not be liable in a greater amount than the actual monetary loss of the Insured, and in no event shall the Company be liable for more than the amount shown in Schedule A herr of, and shall, except as hereinafter stated, at its own cost defend the Insured in every action or proceeding on any claim against, or right to the estate or interest in the land, or any part thereof, adverse to the titlq to the estate or interest in the land as hereby guaranteed, but the Company shall not be required to defend against any claims based upon matters in any manner excepted under this policy by the exceptions in Scheduw 8 hereof or excluded by Paragraph 2, "Exclusions from Coverage of this Policy," of the Conditions and Stipulations hereof. The party or parties entitled to such defense shall within a reasonable time after 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 deferd The Company shall not be liable until such adverse interest, claim, or right shall have been held valid by a Aurt of last resort to which either litigant may apply, and if such adverse interest claim, or right so established shall be for less than the whole of the estate or interest in the land then the liability of the Company shall be only such part of the whole liability limited above as shall bear the same ratio to the whole liability that the adverse interest, claim, or right established may bear to the whole estate or interest in Via land, such ratio to be based on respective values determinable as of the date of this policy. In the absence of notice as aforesaid, the Company is relieved from all li;, Jitity with respect to any such inter- est, claim or right; provided, however, that failure to notify shall not prejudice the rights of the Insured if such Insured shall not be a party to such action or proceeding, nor be served with process therein, nor have any knowledge thereof, nor in any case, unless the Company shall be actually prejudiced by such failure Upon site of the estate or interest in the land, this policy automatically thereupon shall become a warrantor's policy and the Insured, the heirs, devisees, executors and administrators of the Insured, or if a corporation, its successors by dissolution, merger or consolidation, shall for a period of twenty-five years from date hereof remain fully protected according to the terms hereof, by reason of the payment of any loss he, they or it may sustain on account of any Pitscr co warranty of title contained in the transfer or conveyance executed by the Insured conveying ?SO:......,... the estate or interest in the land. The Company shall be liable under said warranty only by 810A~'; o reason of defects, liens or encumbrances existing prior to or at the datq hereof and not r t excluded either by the exceptions or by the Conditions and Stipulations hereof, such liability a° not to exceed the amount of this policy. sO sr IN WITNESS HEREOF, the USLIFE TITLE INSURANCE Company of Dallas has caused this Dolicy to be executed by its President under the seal of the Company, bit-1 this policy is to be valid only when it bears an authorized countersignature, as of the date set forth is Schedule A. -rsn-- PJen! a Cere/[•e:urr~e 6rLcer /dt!t5?/&ICVI 5nrr1 vk 0' tlenl.5+nrbq w~+A~Gsnso/l CeenfN 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. (c) "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 hour 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 rec- ords at the date hereof; and the consequences of any low, ordinance or governmental regulation including, but not limited to, building and zoning ordinances. (c) Any titles or rights asserted by anyone including , txd not limited to, persons, corporations, governments or other entities to tidelands, or lands comprising the shores or beds of navigable or perennial avers and streams, lakes, bays, gulfs or oceans, or to any land extending from the line of ri low lode to the I.-c of Ytgj tahon, 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 gencralty in the area r xlcnd ng from the line of mean low tide to the line of vegetation, or their right of access thereto, or rxtht of easenent aloivj and across the same (d) Defects, liens, encumbrances, adverse claims against the tale as insured or other matters i1) created, suffered, assumed or agreed to by the Insured at the dale of this policy, or 121 known to the Insured at the date of this policy unless disclosure thrreof in writing by the Insured shall have been made to the Company prior to the dale of this policy, or loss or damage which would not have been sustained if the Insured were a purchaser for value w !hout knowledge, or the homestead Of 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 ar!: or proceeding, the Insured shall secure to the Company the right to so provide defense in such action or proceeding and all appeals therein, and permit it to use, at its option, the name of the Insured for such purpose Whenever requested by the Compa:,y, the Insured shall give the Company all reasonable aid in any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or defending such action or proceeding. (b) The Company shall have the right to select counsel of its o,vn choice whenever it is required to defend any action or pro- ceeding, and such counsel shall have full control of said defense (c) Any action taken by the Company for the defense of the Insured or to establish the title as insured, or both, shall not be con- strued as an admisAan or liability, and the Company shall not thereby be held to concede Irabihty or waive any provision of this policy. 4. Payment of Loss (a) No claim shall arise or be maintainable under this policy for l,abddy 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 shall 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 the Insured any claim insured against by this policy, and such payment or lender of payment, together with all costs, attorney fees and expenses which the Company is obligated hereunder to pay, shall terminate all liability of the Company hereunder as to such claim. Further, the payment or tender of payment of the full amount of this policy by the Company shall terminate all liability of the Company under this policy. (d) Whenever the Company shall have settled a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the Insured. and it shall be subrogated to and h; entitled to all rights and remedies of the Insured against any person or property in respect to such claim, The Insured, if requested by the Company, shalt transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation, and shall permit the Company to use the name of the Insured in any transaction or litigation involving such rights or remedies. 5. 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 reac4rvd to be given the Company, and any state- ment in writing required to be furnished the Company, shell be addressed to USLIFE TITLE INSURANCE Company of Dallas 1301 Main Street. Dallas, Dallas County, Texas 76202. 6. This policy is not transferable. I cozKKr G7oo>>D-i-( -{O-{O aN~c c a My 9pT TNNC.Op,- NpTytD 0'-' (D 5 af, °g S° T O '~t0 0 0 7 C> N 3 M (D CD a m~ 3 3 02 3 C 3 d O 361 y 3 N m a n m n o N 3 m x a y d Nc to r+ am R O O n ° a n cn 7 m fp R T 0 t (D ° O m 1 n C (Oc ° T n m ~ m C < < < < < < < g a n^ m m m ~ n m m^ n~ 4 'c v c~ v v-° a `m n ~ v nm nmm m ~ ~ O o° o n EL 8L 5 n n y- y D 1 Z v C) n b ~ 3 D • ~ r SCHEDULE A Amount: $5,191.83 Owner Policy No.: O 004002 Gf or file No.: 21836-21 JW Date of Policy: April 15, 1980 Name of Insured: City of Denton,TeraS 1. The estate or interest in the land insured by this policy is: Fee simple (fee simple, teasehold, easement, etc. -identify or describe) 2. The land referred to in this policy is described as follows: All that certain tract or parcel of land lying and being situated in the City and County of Denton, State of Texasand 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 180 1924, an recorded in Volume 193, Page 336, of the, Deed Records of Denton County, Texas and trmore 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 Freeman, et al to Addison Lee Phluger, Trustee by deed dated November 19, 1974, and recorded in Volume 727, Page 3661 of the Deed records of Denton County, Texas; THENCE South 85 deg. 44' 20" East with the North boundary 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 47 deg. 21' 37" 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; THENCE 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 decd dated Jul y 2, 1975, and recorded in Volume 750, Page 702, Deed Records of Denton County, Texas; THENCE North 87 deg. 40' 47" West with the South boundary line of said Texas Power and Light Ccrrpany tract same being the North boundary line of said Oak Uel / DEMOM t fur ~ iilx~rrbrM.w1'.b.wpnrd AiH{, iwf w.rH h. e.n.r. t«.. sYW ,o.,r,n(r•A••unnr.r uowu,N Attached to and made a part of USLIFE TITLE INSURANCE Company of Dallas Policy, Binder or Commitment No. • M r a Cliff Savings and Loan Association tract a distance of 57.18 feet to a point for a corner; THENCE North 47 deg. 21' 47" hest a distance of 77 feet, more or less, to a point for a corner in the east 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 containing 5,191.83 square feet of land, more or less. SCHEDULE B Owner Policy No.: 004002 21836-21 Jw This policy is subject to the Conditions and Stipulations hereof, the terms and conditions of the leases or easements in- suiCd, if any, shown in Schedule A, and to the following matters which are additional exceptions from the coverage of this policy: 1. Restrictive covenants affecting the land described or referred to above. 2. Any discrepancies, conflicts, or shortages In area or boundary lines, or any encroachments, or any overlapping of im- provements. 3. Tares for the year 19__80and subsequent years. not yet due and payable 4. The following lien(s) and all terms, provisions and conditions of the instrument(s) creating or evidencing said lien(s): 5. Any portion of the property herein described which falls within the boundaries of any road or roadway. 6. Visible and apparent easements on or across the property. w I DATE: -i D F : DEP . ❑ 1 ESTIGATE S REPORT ❑ PER YOUR REQUEST ❑ TARE APPROPRIATE ACTION ❑ FOR YOUR RECOMMENDATION ❑ PREPARE FOR NY SIGNATURE M FOR YOUR INFORMATION ❑ SEE HE ull-E ❑ READ AND RETURN Q REQUEST APPP[7VED ❑ FOR YOUR APPROVAL ❑ REQUEST DENIED ❑ ATTACH FILE i RETURN ❑ SIGNATURE COMMENTS - q~J olp! M11FE TITLE INSURANCE Company of Dallas PURCHASER'S STATEMENT DATE 4/8/80 _ GF N021836 SALE FROMT_QX$0 F0X$_t~A_1ti9ht CO. To 01ty_0 PROPERTY j11~1'fe_9t ~aO.~ fiBm Survep_Abat.# 61b Q City -of -1matort, Texas PURCHASE PRICE . PLUS CHARGES Filnnlees}oC~untyCleik WD_?iO0-REL DT TSl Agmt Aff S 7.00 Loan charges and fees due to Loan transfer lee or assumption fee Fees io _ 118LZPE Tire Company Tilre Pol cy Owner 120.04-- Mortgagee --Binder Escrow 15-00 Restrictions _ s _1351.44_ Tax Certdicates State and Count City and Sch;,ot - Other - S 4.00 Survey fee to Attorney's lees for preparation of papers to - ! - s _ Flood insurance premium to S Hazard insurance premium to $ _ Tax and insurance escrowed with It mos tax deposit@ per mo mos hazard insurance@ per mo - mos flood insurance@a_ _ per mo mos mortgage insurance @ per mo _ s Interest from to ! Proration of hazard insurance from to - It Proration of Ilood insurance from to Maintenance charge proration from to Tax proration Irom -to-- t Escrowed accounts with lender purchased from Seller - ! s TOTAL CHARGES s 151.00__ LESS CREDITS GROSS AMOUNT DUE BY PURCHASER a5e3!jW3 _ Down payment or earnest money paid to ! _ Loon Isom It No" assumed Inteiest proration from to Tax proration from to~I-OBing-- $ Rent proration from _ to It Other Credit TOTAL CREDITS a 2aOO BALANCE DUE BY/TCICPURCHASER 15,340.83 Purchaser urvlerstands the Closing or Escrow Agent has assembled this information ►epreaenting the trensection from the best information available from other sources and cannot guarantee the accuracy thereof Any real estate agent or lender involved may be furnished a copy of this Stalement. Purchaser understands that tax and Insurance proralions and reserves were based on figures for the preceding year or supplied by others or estimates for current year. and In the event of any change lot current year, all necessary adjustments mutt be rr,ade between Purchaser end Selle~~~rltFB TITLE 00 OF DENTON The undersigned hereby authwites • to make gxpenditurea and disbursements as shown above and approve* some for payment The undersigned also tclinowfadgas receipt of Loon Funds, d applicable, in the amount shown above and a receipt of a copy of this StatemenbITY OF DENTON SY Olt CL liO 0 ESCROW AGENT AOORESS i C•110-STANDARD SALE CONTRACT btartin Stationery Co., Dallas, Texu ~ THE STATE OF TEXAS BY THIS AGREEMENT AND CONTRACT, COUNTY of DENTON i Parties TEXAS POWER & LIGHT hereinafter called Seller, acting through the undersigned and duly authorized Agent, hereby sells and agrees to convey onto CITY OF DENTON, TEXAS , hereinafter tailed Purchaser, the follovring described property: Lying and sit»At d in in the City and County of Denton, State of Texas, and more fully described on Exhibit "A" attached hereto. all that certain lot, tract or parcel of land lying and being situated in the City andl~l ` County of Denton, State of Texas, and being part of the S. C. Hiram, 11 ii 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 3361 of the Deed Records of. Denton County, Texas and more particularly: 11 described as follows: I BEGINNING in the north boundary line of said tract said point of j 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, et al to Addison Lee Phluger, Trustee by deed dated Novembers 19, 1974, and recorded in Volume 727, Page 366 of the Deed Records of,!{ III Denton County, Texas; THENCE south 850 44' 20" east with the north boundary line of said:. Texas Power and Light Company tract, same being the south boundary line'111 co Lot 1, Block A of the Shady Oaks Industrial Park a distance of 40 feet h ta point for a corner; N s 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; THENCE 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,, Ml 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 7S0, 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 57.18 feet to a point for a corner; THENCE north 470 21' 47" west a distance of 77 feet, more or less, to a point for a corner in the east 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. • L.t..AIY,NIY.Y~~I~MMDI/I.ApLOWf.NRMA'/~ _ . _ . Taxes Taxes for the current year, the current rents, insurance, and interest, (It any), an to be_prorated- to date of closing. tO7tlCdf~Xdt?!~>~~~~1b1QIC~y~~~~R6ilYeil7~ jtelflcdc261iti7ildJbxal<>i Colltdido ard' Exacuted in tripncata this A#0 day. of 14ye This cost bie¢t to the acceptance of Seller s CITY O B4 &ner. , Y Gerson' Barman, Vice Preis Agent for T F MN _ Properties f the purchase price is s 5,191.83 payable its follows: all cash ~~>f~>f~~~~~>F>#~~~>YitXd~L1~1(IEIFiHIIEl{IHf149i)I~fi%d(iF~1WFil~f~%dflEldtK YK1'~j4~gFisa~y7f ltK,i9ifdf3d9?f?GliylCdf4FASa4Xdi~'~'iX~XPj~ Terms S149rt~txlaat~Yauxatuxxxxltistf~ww[lba 7s~cXn,3oY7c EDfiR ii9! xaidl~baliGlRJWfrz~tki6KIiP61tiYY#fds ~pC~xtuftta=XXQ W=WX]tXXNt1rXMM&slcx tai~agr'eeetofurnish Title Insurance Policy to said property, which shall be conveyed free and clear of any and alt encumbrances except those named herein. In aceordanc-i with the terms of the Real Estate Licence Act of the State of Texas, yon, as pur- chaser, are advised 'hat you should have the abstract covering the real estate which Is the subJect of this contract examined ')y an attorney of your own selection, or that you should be furnished with or obtain a policy of title larurance. xxitk~cletl =~loarX~i JpbcaEctatdMabcout Title sx Xc~ 'raotde' x~iKitt°k ztdleltaoattt~ttxetaltttelAetttdts)dktsxtmtattotsdctaamc ~tacxl~6ex~ nished Purchase r a if title policy is fur- , grew to consummate the sale within tea days from date title company approves title. If any ti+1e objections are made then the Seller or his Agent shall have a reasonable time to core said objections and show good and marketable title, In the event of failure to furnish good and marketable title, the purchase money hereby recelpted for Is to be returned to Purchaser upon the cancellation and return of this contract, or Purchaser may e.dorce spedhe performance of same. Special Seller agrees when the title objections have been cured, to deliver a-good and sufficient MUM Warranty Deed properly conveying acid property to said Purchaser,7LIG?lfgltNdGififlfdiiiX?6i6Xd FAM EexdtMajiKdkYlt~Xat Xlfav9lfAfk7IYK95KtW@e~83E~1tIfdlXlfolltlfx46le%df/tXXxY91?Dfi~oio7i~f~S~,Ix@~fe j Closing WX=ykk&ftX~K~87k3d1t[Nst71Ki~gdFx RYa lox oAr :bWXlmolcat AxxJvAjdkpsg XxItVzOAttttdiomK*KxxmXAxxxxxxxxxxxxXeWmaotevx t4d4[QI)ggtl>191 ilafixxk 1tCSQS~tattrabf Taxes Tares for the current year, the current rents, Insurance, and Interest, (if any), are to be prorated to date of closing. ~c I67t1m1(ofdl~K/thtx31P~K~~ it jCid(16ii1~bll Y~sliKrfC~E,NrN~lS8dls7foE; ~ eefal Condidom Executed In triplicate this Af day of 19PO Thla contract subject to the acceptance of Seller ' Aecagtedt CITY 0 9 ~ t War. . sy 4d.- It vMsa, Vic! Pres Agentfor CITY F N SINGLE ACKNOWLEDGMENT SHE STATE 1'E OF TEXAS ' BEFORE ME, the undersigned authority, UNTY In and for said County, Texas, on this day W i-sonally appeared kncH`n to me to he the person whose name , ai becribed to the fQrepirlij jpstrttment, and acknowledged to me that 11 1~ he _ executed the Panic for the purposes and consideration therelnixpressed. GIVEN UNDER b11' HAND AND SEAL. OF OFFICE, This day of . _ A.D. 19.__..._. notary Mile, ......County, Texas F.xpires.._._......__ blyCommission SINGLE A;CK,`.OWI.2GGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned aut!writy, COUNTY OF In and for said County, Texas, on this day personally appeared _ kneHn to me to br the y,vaon A',.'.,,• nnm,• . j,,,rr'.b, i ti the rurcKnlnK in~Lvment, and acknowledged to me that he execulewl the Pun tnr the pu! tw. and c'~ ,i ir~rati'~n therein expres~ed. GIVEN UNDER MY HAND AND FFAY, liF OFFl 'iHe day of A.D. 19 N, t;u g PubiCounty, Texas 11c e:'ram:'r.~ion Expires•........ 1 i i I c~ I r3 If j I i i~ I ~ 0I e O i is c i 0 i v1 j ~I I , ~ ~ III ~eesar~-~-z-^-s _^sa-r_z~rsaa f I >t a- DEED REMRM EASEMENT FOR UTILITY LINES THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON !Q9,gq THAT I. JAMES F. MASON, TRUSTEE, for and in considera- tion of the i-um of one and No/100 Dollars ($1.00), and other good and valuable consideration, to me cash in hand paid by the CITY OF DENTON, TEXAS, a municipal corporation, the receipt of which is hereby acknowledged, do hereby give and grant to the said City of Denton, Texas, its successors and assigns, the right to construct, reconstruct and perpetually maintain lines for public utilities in, upon and across the real property set forth and described in Exhibit "A", which is attached hereto and made a part hereof for all purposes. To have and to hold the same perpetually unto the said City of Denton, Texas, its successors and assigns, together with the right and privilege to enter in and upon said property, or any part thereof, for the purpose of constructing, reconstructing and maintaining said above mentioned public utility lines; all upon and with the distinct understanding that the said City of Denton, Texas, its successors and assigns, will at all times after doing any work in connec- tion with the construction, reconstruction or repair of said utf)`ty lines, restore said premises to the condition same were found before such work was undertaken, and that in the use of said rights and privileges herein granted to the said City of Denton, Texas, its successors and assigns, that it will. not create a nuisance or do any act that will be detrimental to said premises lying adjacent to the easement herein granted. WITNESS MY HAND on this the _ day of IML~ , 1980. Jame F. Mason, Trustee THE STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared JAMES F. MASON, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purpose and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OF on this the *day of RQhti~ , 1980. Mo. o ar u f cc Dallas County, Texas ry nr,o~4 . My commiesi(o~n expires: 1 va~t~~~ }u~ ~8 r l VOLMS PAGE M PROPOSI'D All that' certain Cant wide ::trip (IC Innd :;it+lalcd in the O. }Brewster % tiurvcy, <1b,tract ;"I- if, I)cntun county, re;n;; ~,litl I.raCL hurt of a tract sho" n 1) deed to Jane:; I'. ihr::un, 'T'rustt•c and rot urde(I in Volume 725, pa)tc 3F,5 of the Deed Record:; of llrntnn Cnunt.%, ;md bccinp- m~~rc n,zrticul:lrly L1VSCl'ihed f(,llt,i,s BV;•inninv, for the norLheast c•.,,'ncr of the tr;lct brio), Clescribcd at the southeast corner of ;r I ['act dl.`W:•ihc(i in decd tt( hal l R(((jl irt); Company as recorded 11, Voln,sc )8j, 11,1),( , ')'(I of the i)eod l vvorde of Denton County. Texas in the wc::t line of Interstate IlipIlwsv Iio. 35 West; Thence South 21 dcprec.s 57 minute:: 2O !;ecultcla West with Lhe Said west line of Highway 971.27 feet to a point; 'T'hence North 68 dc)~, cc.,; n2 eiiIli rc:: 1.1) :0C 1nd:: Nest V). O feet to a point; Thence forth 21 devrecs 57 minutes 20 seconds E;o;t V). 1) fret rO a point; Thence South (,7 derreh:7 (Y? minuLe:t ✓(f) ,rt•01141. Ira :t if). O feel Ln a point; 'T'hence NnI- th 21 dcyrees 57 minutes 7O svi:onds Fast 92). 26 fcut to point in the south line of said lBelI Roofin), tract. Thence South 89 devrecs 52 r, inuLCS GO fweonds EaSL feet to the point of bet?innin)•. SOO MC. EXHIBIT "A" i • J £XISTIAC EASEMENT To ✓ACE£ INOUSTR/AL PARK l6 / 30 PR - ~ ~ 20 S. 89° 33 40" E. h 21.5' KAT FEALTY CORP 980/346 0 A' f morc ► 1980 / 180' Soole s 10=200' ♦Y0 1 0 J. W JAGOE, ✓r. W 0 cN 5181306 OR W co os J a , I B£L L ROOfl rJG 9851951 0.9 44 IAJ D =3 N 0 N N N ~ z h J/dMES f VASON, Trustee S. 6 8 ° 02' 40" E , 3 30.0 00 TY CLEklC'b MEMO: Lesl6llley N bl 21.5?'20"E. 40,0 • ` • wrlaaa, ty0pi br prlntlns N, 8e• 02 40"w n p tm'5Al1SFACTOAY 5010 ' - i -A VU01~ PACE 69 n tbG Document when •ra:eival K V F U d OLS 30a.1 8T0T'on f - s CIP IY SIGNATURE IDENTIFICATION AND NO-LITIGATION CERTIFICATE THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON We, the undersigned, herby certify as follows: (a) That this certificate is executed and delivered with reference to that issue of CITY OF DENTON CERTIFICATES OF OBLICATION, jE:<IES 1960, dated April 15, iy6U, in cue principal amount of $250,000 (the "Certificates"). (b) That we officially executed and signed said Certi- ficates of Obligation and the interest coupons attached thereto by causing facsimiles of our manual signatures to be imprinted or lithographed on each of said Certificates of Obligation and inter- est coupons, and we hereby adopt said facsimile s:gnatures as our own, respectively, and declare that said facsimile- signatures con- stitute our signatures the same as if we had manually signed each of said Certificates of Obligation and interest coupons. (c) That said Certificates of Obligation and interest coupons are substantially in the form, and have been duly executed and signed in the manner, prescribed in the ordinance authorizing the issuance of said Certificates of Obligation and interest coupons. (d) That at the time we so executed and signed said Certificates of Obligation and interest coupons we were, and at the time of executing this certificate we are, the duly chosen, quali- fied, and acting officers indicated therein, and authorized to ex- . ecute the same. (e) That no litigation of any nature has been filed or is now pending to restrain or enjoin the issuance or delivery of said Certificates of Obligation or interest coupons, or which would affect the provision made for their payment or security, or in any manner questioning the proceedings or authority concerning the issu- ance of said Certificates of Obligation and interest coupons, and that so far as we know and believe no such,litigation is threatened. (f) That neither the corporate existence nor boundaries of said issuer is being contested, that no litigation has been filed or is nog pending which would affect the authority of the officers of said issuer to issue, execute, and deliver said Certificates of Obligation and interest coupons, and that no authority or proceed- ings for the issuance of said Certificates of Obligation and inter- est coupons have been repealed, revoked, or rescinded. (g) That we have caused the official seal of said issuer to be impressed, or printed, or lithographed on each of said Certi- ficates of Obligation; and said seal on said Certificates of Obli- gation has been duly adopted as, and is hereby declared to be, the official seal of said issuer. EXECUTED and delivered this MANLE NATURES OFFICIAL TITLi,S , Mayor City Secretary The signatures of the officers subscribed above are'hereby certified to be true and genuine. a (SANK SEAL) First State Bank of Denton Sank By Authorized Officer est. vice President 7~~~ ~r TH + STATE, Or ~I E"S, I KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON EEpp THAT ST. ANDREW PRESBY* N CHURCH/(ST. ANDREW PRESBYTERIAN (CHHURCH OF THE UNITED PRESBYTERIAN CHURCH U.S.A. OF DENTON, TEXAS, (FORMERLY ! Kk FIRST PRESBYTERIAN CHURCH, U.S.A. OF DENTON, in consideration of the sum of TEXAS, A CORPORATION) and other good and valuable consideration One ($1.00) Dollar----------------------- in hand paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by these presents grant, bargain, sell and convey unto to the City of Denton, Texas . the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following li described property, j ICI II owned by it . Situated in Denton County, Texas, in the II Wm. Neil g 971 11 that certain lot, tract oqu57tMtrV go9nd lying and being situated in he City and County of Denton, State of Texas, and being part of the Wm. eill Survey, Abstract No. 971, and being part of a tract of land as con- eyed from Mary Haden Rogers, et al to First Presbyterian Church, U.S.A, ¢i Denton County, Texas by Deed dated December 9, 1953, and recorded in Volume 391, Page 500 of the Deed Records of Denton County, Texas, and mere articularly described as follows: OGINNING at a point in the east boundary line of said tract, same being the west right of way line of Bolivar Street, said point of beginning eing 242.5 feet north of the intersection of the west right of way line f Bolivar Street and the north right of way line of Oak Street; `WHENCE north a890 24' west a distance of 181.1 feet to a point for a LHENCE rner; south 00 36' west a distance of 25.0 feet to a point for a corner the south boundary line of said tract; ENCE north 880 37' west, along the south boundary line of said tract a ~istance of 16.0 feet to a point for a corner, same being the southwest x.r orner of said tract; !WHENCE north 00 36' east along the we,&t boundary linpvof said tract a istance of 41.0 feet to a point for a corner; ENCE south 890 24' east a distance of 197.0 feet to a point for a orner in the east boundary line of said tract same being the west right if way line of Bolivar Street; HENCE south 00 23' west along the east boundary line of said tract same Bing the west right of way ine of Bolivar Street, a distance of 16.2 eet to the place of beginning and containing 3,593.80 square feet of and, more or less. And It Is further agreed that the said City"'o1 Denton, Tex !g In consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstructions as may now be fouiA upon said property. Forthepurposeof constructing, installing, repairing and perpetually maintaining public utilities In, along, upon and across said premises, with the right and privilege at aD times of the grantee herein, his or its agents, employees, workmen and representatives having ingress, egress, and regress in, Slong upon and across said premises for the purpose of making additions to, Improvements on and repalra to the said public utilities, or any part thereof. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. , A. D. 19 BO. Witness `f>j, hand , this the 0i~eday of PA Ai h V441 A vOi1013 FACE 553 SINGLE ACKNOWLEDGMENT ,VO(1013 MCE554 THE STATE OF TEXAS, I BEFORE ME, the undersigned authority, COUNTY OF _ In and for said County, Texas, on this day p rsonally appeared known to me to be the person whose name sul~srr k-vd to the f a4 Going instrument, and Acknowledged to me r that he _ executed the same for lho purposes and considerution therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of A.D. 19 (L. S.) Notary Public, County, Texas t My Commission Expires June 1, 19 SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF. _ In and for said County, Texas, on this day personally appeared _ known to me to be the person whose name subscribed to the foregoing Instrument, and acknowledged to me that he.. executed the same for the purposes And consideration therein expressed. IIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of A.D. 19 ( Notary Public. County, Texas My Commission Explr4s June 1, 19 CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ',1E, the undersigned authority, COUNTY OF Denton in And~fprssi3,County, Texas, on this day peisnnelly appeared Roy. Appleton s Jr. known to mo to be the person and otlleer t akm ~e•sjirf tilxJ to the forrKoing instnmvnt ant ncknowledged to mr dot 0,e some was the act of the said . c.•.''An ftew';Resbyterian Church/St. Andrew Presbyterian Church U.S.A.. ;a eMp)rat o ,fed Ankhe executed the snme as Ox act of such corp,ratinn for the p :rpesc•s and consideration therein expressed, !nd to thl ypfacity therein stated. G1V0( NUP41IY HAND AND SEAL OF OFFICE, xl de f April.. A.U.1180 h N ry Public, t-rs t i 4 ¢ County, Texas t„ccncc ss's~° My Commission Expires iwte-Fr}!-.I'y' CLERK'S CERTIFICATE THE ATE OF TEXAS, County COUNTY OF. ♦ee4 r 111 Clerk of the County Co s. Cou ere certify that the, foregoing Instrument of writing dated on the day of ♦a+. i RA. D. 19 with its Certificate of Authentkstion, was fled for record in my ofllce the day f f till A. U. 1!f '21 o'clock M., and duly recorded this day . y R A, D. 19 , at o'clock M., in the I! Records of said County, In Volume , on pager WITNESS MY A 7CScID S44LIb LINTY COURT of said County, at offIce in _ ...........i day and year last above mitten. 4b t e I I County Clerk County Teas. (L B~ . r By , Deputy. its Ul s i i 0 l a Air 1r1~' ! I f a h W zi ' 4-