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05-1980
MAI 1 1 98) IN THE MASTER OF ' CITY OF DENTON CHARLOTTE ALLEN Roy Appleton, Jr. THE STATE OF-TEXAS County of Denton being duly sworn, says he is the General Manager of the Denton Record -Chronicle, a newspaper of general circulation which has been continuously and regularly published for a period of not less than one year in.the County of Denton, Texas, preceding the date of the attached notice, and that the said notice was published in said paper on the follow- ing dates: NOTICE OF PUBLIC HEARING ON CONTEMPLATED ANNEXATION 149 lines $59.60 i MAY 23v 1983 ,I9 Subscribed and sworn to before me this 23 day of May 83 Qloo Witness my hand and official seal. Notary Public, Denton County, Texas i w i PU F10T1 EOf 6l E IN0 - ' IIFI ON C% 0b'h~)TICF.Br F.1.•...._.___-. PUBI` p eaicil,IT~ ()N1 PAPER IUM iolisc, l 1N THE NIATTER OFTHE 4TEOPNRS_Q" 1mAT, M City !f Texas, i annexe flOproropdw>tfd Nat nWf wiff the - boundarY Irr h~ pf~pf Mld City to add the f fbllearrno do. Krlwd tar 11bb the ca• aware Ilmit of RN City or 0en9on, to wit I All that certain tract or perch of land Nino and _ q! Hed in "a County Irk btlM Texas. - DoW, W11O.. . mo Ma'yer! Abstratf survey, AFFIDAVITOFI'UBIASIMITO 111. Abstract W0.44 6M the A. PUBLICATION OF LEGAL NOTICE indr $JMy,'Abskacl No. a► and balp0 Jnere' 0art early d~ltrl0a0 It", {EOINNINO'a1 a'point In Fih•dlhe day tM ofhanl tify 111WHs air l1%1sb91fle0by Ordinance N0: , 49a0. ~Tracl 1. laid Writ I Inp In net boundary lIM 61, 19 said oavu kM9 .laid pant fO bol" M inner all cornet ja tract of land tofto"W 16 - enton ~ Prapet11e1' JAinl yeMure by and tkOrdad M ON 11911 P&O sm, f!k dornf alto ~In' tt i northotsf CofM►, of a trot) Of nand , goaYeyed to Makolf" M• long; by ~tgrded M r, YofJtpp ~M 1N 01 the V 66eeT4 Rettkd6- 01 0enronyl Co xlty Texe►J , { f►1E~l~fi south M deonn 1. ty': wht ifsn,n h.t +o e I Rv . Ur•pul I}o of a torllerr T~ENt~i rorlh fl defJraet ot',h' Sc ,~vft 19P0 Ntf to a potot f rot ~ ryri HE E wtst St1l,10 "110 Ibr a eor9w M Ire i a I t4, , 4:141 Rq~ ~ 4 !CE north O orges tV b b ~y~ 1! Inr alono the la ~ 4~' of Mfolli ,Roes 1q~a• jdo r~r~~1r ~ ,catMr, M IM tMNCE,i ~srMRoedo£1 f4, ~MfM+1N Iryl ICliri19.1 gad IM IW18MI loiirfNn . coyrlH ~ ana>; ti~KeNa , 1 In 09Ill iib'i,h~,~~1p01nto " )h f~l`gepreat;d sewn 4t1 l}~pyy1i1llY 111 M da af, ~tl.b ! 11N1J tJ1.lMOel!+fD M 1 i Y~1~sf, 9,(Mr ! IwV a Qt of t. Niency; 'fop n {{ff df ries 00' eAsl, irl'or f~e)I' he boginnin0 a a C to f101 Wthe°Itewy ho, do 1) vol. leel. ' 410 said curve 10 the let,' navt 0 a radius 0f'M 02 I41 chord bears, Muth Is do." 0rth D Ol" eas11S1.1 I"$ t0 a OOlhf laeoentyi fill 7d, 0100 34 eelII) h~th+ 4reast, Y3.01 10 I .,11 171 1:eura, ly, A,hej1w ly frlefM IK' y _'rl d DlAfe atoulEhl.e ae1 IO Aau slr,sf flea to d ph 71 iA tonpene~Y; 1110)) t ro a Hf01 a r tan! t Orel 1 Olt cNy itInIh % djn ys tawlsllid M OrEtAAnta IVO: TH N eflr' 1hlof toil if, aldy/n ° n ° leef ro'fAN We of . and Cop ff7lnfp 491.17 tlt11A a, lahd, Mdre loss", Y eQ H0 f mop wl C y t outlen 6fllN ellyy a 0enteil~ T yls,' Ell IM 1}h tyal a J 1f10 of L00Mp:rh."of off t IgOAd ~HkkOryCreC~l1114I fr Ail yersona Wera'I M( try ' th Id H '4 anik,(aibn 1 4e fl+e (1fd'tNJce "+Ijof h fk~fohl shsi~ll Aaw f~ 1 r ih 6b*MJ DeTeard.` ftpr1 1 r!ks h 0!►1pi1 In crested' re'j i♦I1 °nfl b aflerr~ .lake. r' it Ilka, jPbblk Hear{rp'~ rat ba he ahd 'ber0fl ce1lnc11 the u►y a tM tnr el f7r h Tblhc On QdMY' J fM, I9a3, I II; I , - c or slCitSJIIdI Dhb( n4' of a f: h a Dentpt Texas; {o '1 e If a 11bAf MffhNted jhe and it adjy ~I1 s h' p/raory shbll hm I ► ,,1a + oo, ark to Nor M I Allerip ° 11f~44WW pksdM'lislere► ri'ftl6rled~ijer, RkriJedo.`1~1 ' .r1 `'t Z` a ~Inibi, Tit sy1, THE STATE OF TEXAS § AGREEMENT COUNTY OF DENTON § This Agreement, made and entered into this the j5V Ir-L day of 1980, by and between the City of Denton, a Municipal Corporation of the State of Texas ("City"), and Delta-T, Inc., a Corporation of the State of Texas, located at 11550 Plano Road, Suite 104, Dallas, Texas 75243 ("Contractor"); WITOESSETH: WHEREAS, the parties hereto, in consideration of the covenants and agreements hereinafter contained to be kept and performed by the respective parties, do hereby agree as follows: 1. The Contractor agrees to furnish and deliver to the City of Denton, Texas, all the labor, tools and instrumfants necessary for the full testing, balancing and adjusting of the H.V.A.C. system, including chilled water supply, for i:he Municipal Building located at 215 East McKinney Street, Dentof%r Texas, pursuant to the City's "Request for a Proposal" and the Contractor's responding "Proposal" dated Januarv 14, 1980, a copy of each document being attached hereto and made a part hereof the same as though set forth herein in full, references thereto hereby made for the particulars thereof, at the compensation set forth therein. 2. The Agreement shall be in full force and effect from the date of its execution until the time period necessary to complrte the project to the satisfaction of the City, said approval not to be unreasonably withheld. 3. It is further understood and agreed by the Contractor that the performance of the air conditioning system will be tested during the summer, fall, winter and spring and/or opposite season to assure the maximum comfort conditions are being maintained at the said Municipal Building. 4. Contractor warrants to the City that the said H.V.A.C. system including chilled water supply shall be balanced to optimum performance capabilities of the equ'.pment and design, and that the testing and balancing shall be done in accordance with the standards as published by the Associated Air Balance Council ("A.A.B.C."). If technical assistance is needed to properly balance the said air conditioning system, it is understood and agreed that the Contractor will obtain such technical assistance from the A.A.B.C. and no extra charge will be made for said assistance. 5. Time is of the essence of this Agreement. 6. It is expressly understood and agreed that this Agreement shall not be assigned or sublet by the Contractor without written consent of the City. 7. This Agreement may not be enlarged, modified, or altered except by a written instrument duly signed by the parties. IN WITNESS WHEREOF, the parties to this instrument have hereto set their hands, executed as to the original and two copies, on the date first above written. CITY 0' DENTON, TEXAS BY: ATTEST A00KS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS By & DELTA-TfIINC. BY:/Z~~%~~ HICHA3L D. LOCKE VYC9.,PRESIDENT THE STATE OF TEXAS S COUNTY OF DALLAS 9 BEFORE ME, the undersigned authority in and for said County, Texas, on this day personally appeared Michael D. Locke, Vice-President of Delta-T, Inc. known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This the 28 day of May , 1980. BonnleyL PBuunAng 0 My Commission expires: (larch 14, 1981 ti ~oU ~ 1 i~ MAC 1980 Sells A115501TRI 13ACIFIC RAffiROAD CO. 609 UNION NTATION DUILDINO 601 URAWrOND NT. IOUSTON, TEXAS 77002 TEL. AREA Cool 111 117.1111 L. H MILLER' GENERAL MANAGER D'%TRICT [NCIN[ER S. E. KERLEE J. O. HOPE IEEIGTINT ELfiTRII MANAGER MECHANICAL GUILRINTLNDLNT R. B. SCHOULTZ O. E. KNOX GENERAL auRRIIRVIM wT NaIGrANT TO GENERAL MANAGER LAND. I..N[G AND CONTRACta may 9, l9w,"I JSI 119.1895-4 City of Denton KLaicipal Building Denton, Teusa 76201 Gentlemen: Herevith your original of Hire Line License dated February 29, 1960, covering crowing of our right of way at Mile Yost 2121140, Denton County, Rrexas, at Denton. Yours very truly, do , Attachment r F11?ST,50 COMPANY INVESTMENT 11ANKERM MERCANTILE BANK BUILDING OALLAN, TKAAr+ 75201 FRANK J, MEDANICH ttro. ~ct ..ui0trr May 23, 1980 11141 747-0481 W. Brooks Holt City Secretary City of Denton 215 E. McKinney Street Denton, Texas 76201 Re: $250,000 Certificates of Obligation (Public Library) Dear Brooks: Relative, to the above, I am pleased to enclose one completed and executed copy of the Ordinance authorizing issuance of the styled Certificates of Obligation. This should be recorded in the City Council Minutes. Sinsere~ yours, Front J. Medanich FJM.dp Enclosure r d h v iJ (ll.; THE STATE OF TE"KAS, KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON THAT Montecito CorporatPW RECORDS 1 ~TTF+a of Denton County, Texas , in consideration of the sum of one collar ($1.00) and no/100------------and other good and valuable consideration I in hand paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by is j' these presents grant, bargain, sell and convey unto to t:hd City of Denton, Texas , the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, i~ owi.ad by them , Situated in Denton County, Texas, in the N. Wade Survey, Abstract No.14 0 7 All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the N. fade Survey, Abstract No. 1407, and being part of lot no. 8, block B of the Westgate Park Addition, an addition to the City and County of Denton, and also being part of a tract of land as r:onveyed from Frank R. Barrow to Montecito Corporation by Deed dated December 3, 1975 and recorded in volume 766, Page 901 of the Deed Records of Denton County, Texas, and more particularly described as follows: • BEING all of the south 10.0 feet of lot no. 81 block B of the Westgate Park Addition as shown by replat thereof recorded in Volume 12, Page 25 { of the Plat Records of Denton County, Texas and being 184.75 feet in length and containing 1,847.50 square feet of land, more or less. And it is further agreed that the said City of Denton, Texas , In consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstructions as may now be found upon said property. For the purpose of constructing, installing, repairing and perpetually maintaining public utilities In, along, upon and across said premises, with the right and privilege at all times of the grantee herein, his or Its agents, employees, workmen and representatives having Ingress, egress, and regress In, along upon and across said premises for the purpose of making additions to, Improvements on and repairs 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 t premises above described, IJ~eas PGr~anda this the 1st of Kay A. D. 1980 . MONTECI 0 CORPORATION •'wS, Y m By obert A. Nia o ,p ba ent JD .1~14Al s SINGLE ACKNOWLEDGMENT vot1018 ew 348 COUNTY Y STATE OF OF Denton I THE OF TEXAS, I BEFORE NIE, the undersigned authority, In and, for said County, Texas, on this day personally appeared .....Essy..Moaza111i i' NOT i Wfil~ the person whose name IS su! sir bed to the foregoing instrument, and acknowledged to me , f icuted tho same for the purposes and consideration thcrelr~expressed. , a ' 7r PfN?~rJ l:Utifftl~l NDER MY HAaQD AND SELL, OF O'r'FICE, T i day May A.D. 196-0. tlrr0a1~wSSio)hkfY~4 ,S.) Ar- .LINDAw f_!-AN 73l 8Q , , Notary Public, Dent. .-...County, Texas ' 6frw6ormmssierrE:pireezFaner 0- SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF _ In and for said County, Texas, on this day personally appeared known to me to be the person whose name subscribed to the foregoing Instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAT, OF OFFICE, This day of , A.D. 19 Notary Public, County, 'iexas My Commission Fxpirca June 1, 19 CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS, I DENTON I BEFORE MF., the undersigned authority, COUNTY OF in and for said County, Texas, on this day personally nppeared Montecito Corporation known to me to be the person and o!ricer ame is subscribed to th foregoing Instrument and ackr.uadedged to me that the same was the act of the said cito Corporation t DTA and that he executed the name as the act of such corporation for the purposes and considerition therein A a an the capacity therein slated. 6thfOK C~UN bNDER MY HAND AND SEAL OF OFFICE, This d of 'T1 W,... , A .D. 1980 Sray 1''} 9.) _ mt~-t 1~'1DA CDFFMAN - ~ M1&oN~ll rota i~>3i~~ , Notary Public, D ----.-..County, Texas DS1i-fwntmies}en`&>rplsaa~+ne,l,-2D-.__ CLERK'S CERTIFICATE ~'.+.T#E STATE OF TEXAS, e I, . County COUNTY OF. _ r Clerk of the County Court of saId County, do herepit~Afi•rjfy that the foregoing Instrument of writing dated on the day of . A. with It~~ill{IGAILuthen+.1cation, was fled for CYCLER K a~tauny, ~ rss~ c M., and duly record in my ofnee on the day of I61 a'mil`Ithatth~ITS b55l~hent rai~rtodoo64 ,oak recorded this day of t._...... ; trocsd Aa*u b9 me sad %6, duly te, o'clock M., in the orded I IAa vole ~ya St06 ednN" on pages ~ ges'stlm;, 1 hereon ppr WITNESS MY HAND AND SEAL OF THE COUNTY COUR ~~jj at 0 Win , the d a s ear~hTa'ISoY.V0,n, ...C7_"'• Texas. uuty Cler 0 e (L, a.) By . Deputy. UNTy CLERK, Denton Cat+nty, Tssss apt © i a ~ t Ci ~ A 1" I i F I Etl g t H, 3 , H , C {0' D Mt t ~ i xl I I'i r U` E I `f CiPI Y AN g E L~ OATH OF OFFICE I do solemnly swear (or affirn) that I will faithfully execute the duties of the off i ce o f EignamrG ~a Ji~e~.,►~ rd , 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 a orn t before me the under igned on this the day of _--l A.D. 19 KO To certify wh Bch witness my hand ar, sea of office. ' CRTR CITY OF DENTON, TEXAS I i M cv Y 1• YO 17 1 912 n III i, S • II I 1 g 40; d1 41tt 39 3A Q v~l: •'O 5.~~•.r w ( Y 37 2t II 9 9 _ r ' i 36 12 ' i t sv e w•+ 32 1t s3S U4 u_--e 13 14 1 3 ! 32 b I t < 44 W ` r .0 K e j • 179 1 F 2 4 3 -J-an 1.. 1 iI ~ 1 S1. 8 _ a ItLL t T - _av t88•A p r k I{ 1 E 9 1i e B r I it t a of .1w t I F _ f r 3 9 29 I 9~ 1 _±J- 20 12 7 0 t 4 M ♦ s 11 erR 7 8 e ♦ a -2• al 14 • ! 131 s_ 2 7171 t! 1 M 5 e 7 ~O 94 4, J ♦ 33 --aat _ w a 23 34444 _ L ONT e I T I I ! ! i i!7• --PAIL f y . s e► 22 e • e - :I L4 wOCODFO e ! q 11 lei 131 e 2 _ 1 --7 +4 12 t 03 i1 I4 i, 7 nte* 1 THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON X WHAT WHEREAS, Bobby Morris is the Owner of certain property described as being Lot 9, Block D of the Sunrise Addition, an addition to the City and County of Denton, as recorded in Volume 407, Page 497 of the Deed Records of Denton County, Texas, shown on the attached plat, which plat is incorporated herein as if set forth in full, in the County of Denton, Texas, and the said Owner desires to extend an eight (8) inch sanitary sewer extension on the west side of Jannie from Lot 15 Blk. D to Lot 9 Blk. D for a distance of two hundred ninety two feet, (as shown on the attached plat); and WHEREAS, in order to serve the aforesaid property wit!1 sanitary sewer services the said Owner is required to pay the cost of 292' of sanitary sewer main extension totaling 2921, and desires to extend such sewer main to his property under the provisions of Section 25-74 through Section 25-79 of the Code of Ordinances of the City of Denton, Texas, as passed and approved the 8th day of June, A.D. 1971; and WHEREAS, the said Owner, Bobby Morris, desires to receive reimbursement for such costs under the provisions of said sections 25-75 through 25-79 of the Code of Ordinances of the City of Denton, Texas; now therefore, THIS AGREEMENT, made this 2 day of May, 1980, by and between Bobby Morris of the County of Denton, State of Texas, hereinafter called Owner, and the City of Centon, Texas, a Municipal Corporation of the County of Dc-nton, State of Texas, hereinafter called City,' AGREEMENT- PAGE (INS WITNESSETH I That for and in consideration of the construction of a sanitary sewer main for the benefit of Owner, at City's direction, Owner agrees to install, at his own expense, such main, upon completion thereof, and in further consideration of the transfer to the City of all of Owner's right, title and interest in the aforesaid main extensions and all appurtenances thereto, and all easements and right of way agreements secured by or for Owner for the purpose of locating said main extensions, City shall accept said main upon final approval thereof, after inspection, and agrees to provide sanitary sewer service to Owner's above described premises 4 for such monthly service charges as are, or may be, established for other customers of like classifications by the City. II. That the City further agrees to reimburse Owner up to his costs of the construction of such main extension, i.e., $4,600.00 under the provisions of Sections 25-75 and 25-76 of the Code of Ordinances of the City of Denton, Texas, as amended on the 8th day of June, 1971, with the following limitations: (a) After the expiration of ten (10) years from the date of the sewer main extension, no further reimbursement shall be made to the Owner. (b) The reimbursement shall not apply to main extensions constructed by the City of Denton, or under its direction, from any main constructed under the terms of this Agreement. A!3REEMENT- PAGE TWO i (c) Reimbursement payments shall be made to the Owner or to his assign if written, and to no other person. (d) The reimbursements aforesaid shall be payable only from funds received by the City pursuant to said Code of ordinances. (e) There shall be a maximum of ten (10) years as the period of eligibility wherein the original installer of the main may request reimbursement of pro rata payments under this agreement. The period of eligibility shall begin as of the date of final inspection and acceptance of the extensions by the City. (f) All fees and tapping charges incurred under the provisions of Section 25-76 shall be paid directly to the City and the City shall transfer same to Owner within thirty (30) days of receipt. III. That for and in consideration of the Agreements to be performed by the City, as aforesaid, Owner hereby transfers to the City all of his right, title and interest in and to the main extensions described above, and any and all easements and right of way agreements secured by him for the purpose of locating said main extensions. WITNESS the hands of the parties hereto e a nd year first above written. BBY R , OWNER CITY OF E TO TE BYt 10 IA"- 6j%zz f ATTE dy, ~Z S HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMi YL , T T NEY CITY OF DEN N, TE AS yn AGREEMENT- PAGE THAtEE lipo S C d ' i NO. D - 5 AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE MUNICIPAL RUN-OFF ELECTION HELD IN THE CITY OF DENTON ON APRIL 29, 1980. THE COUNCIL OF THE CITY OF DENTON, HEREBY ORDAINS: SECTION I. The City Council finds and declares that the April 29, 1980 municipal run-off election was duly ordered for the purpose of electing councilpersons to Place 4 and 6, 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 2,815 votes were cast at said election, and that the votes cast for each place on the Council were as follows: FOR CITY COUNCIL PLACE 4: Charles Hopkins..........•.......1631 votes Bob LaPorte......•........•......1123 votes FOR CITY COUNCIL PLACE 6: Dwight L. Galley .•..•.......1518 votes Linnie McAdams ...........1261 votes. SECTION III. The Council finds and declares that each candidate listeJ below received a majority of the votes cast for each place on the Council and that each candidate listed below is hereby declared to be elected to the City Council of thj City of Denton: PLACE 6 -Dwight L. Galley PLACE `-Charles Hopkins and such candidates shall assume the duties of their office on may 6, 1980. . PASSED AND APPROVED this the day of , 1980. IC D ANTON, CIT OF ,TEXAS I ATTEST CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY eS~; (,:i ' i ~ ~ ♦ ~ ~ ' ~ ~ '1 l Y `t ~ i ~ ~ ~ ~~o o , 4 - Y. . . " ~ ~ i. ji L' ~ I~ f ~ J e f Y ~ ~ i ~Ly- X14 1r1~y l ~ Y i w~ - y; ~ 1~ ~ ~ r ► ~T,~ T~ , H THE S rA 1 L' Uh TLS, KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON DEED RE ROS III THAT James Ward Lee and wife Florence C. Lee 1.492G of Denton County, Texas , in consideration ol the sum of one Dollar ($1.00) and no/100------------and other good and valuable consideration ~i 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 uninterrwted use. liberty and privilege of the passage in, along, upon and across the following ii ~j described property, ! l~' I s; owned by them . Situated in Denton County, Texas, in the N. Wade Survey, Abstract No. 1407 All that certain lot, tract or parcel of land lying and being situated in the City and County of Dentor, State of. Texas, and being part of the N. (Wade Survey, Abstract No. 1407, and being part of a tract of land as con- ,veyed from Richard L. Riney to James Ward Lee and wife Florence C. Lee by deed dated August 23, 1965 and recorded in Volume 527, Page 649 of the !Deed Records of Denton County, Texas, and more particularly described as 'j! follows! [BEGINNING at the southeast corner of said Lee tract, said point of begin- ning lying in the west right-of-way line of Westgate Street and being ;south 0005' east, 1,749.0 feet and south 89055' west, 25.0 feet from the northeast corner of a tract of land as conveyed from F.A. Cox to F.M. Ii i~Craddock by Deed dated July 7, 1903 and recorded in Volume 86, Page 296. of the Deed Records of Denton County, Texar,; • THENCE south 89055' west, along the south boundary line of said heaFt•Xact, a distance of 210. 00 feet to a point for a corner, sai a being' 40. 81PO Pst corner of said Lee tract; THENCE north 0°05' west, along the wept boundary line of said Lee tract, a distance of 10.00 feet to a point fo7: a corner; THENCE north 89055' east, 10.U feet north of and parallel to the south boundary line of said Lee tract, P.r1istance of 210.00 feet to a pointjor a corner in the east boundary line of said Lee tract, same being the west right-of-way line of Westgate Streat; THENCE south 0005' east, along the east boundary line of said Lee! tract, same being the west right-of-way line of Westgate Street, a distance of 10.00 feet to the place of beginning and containing 2,100.00 square feet of land, more or less. And it is further agreed that the said City of Denton, Texas In consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstructions as may now be found upon said property. For the purpose of constructing, installing, repairing and perpetually maintianing public utilities in, along, upon and across sold premises, with the right and privilege at all times of the grantee herein, his or Its agents, employees, workmen and representatives having ingress, egress, and regress in, along upon and across sold premises for the purpose of making additions to, improvements on and repairs to the said public utilities, or any part thereof. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premises above deaerlbed. this the ~v day tA. D. 14 80 JAN FLORENCE C. LEE y *Wig? . . tUM= Y SINGLE ACKNOWLEDGMENT V0418 PAU 346 THE STATE OF TEXAS, I BEFORE ME, the undersigned authority, COUNTY OF . DENTON I igandlfEE sid County, Texas, on this day personally appeared ..__JAMES WARD LEE AND WIFE FLORENCE .1Fillt at ~thda6Cd md'topyehe persons whose name are aubscf 1~11 to the foregoing Instrument, and acknowledged to me 1• ? that 't h N 11A;411ev the same for the purposes and con rat'cr tF.+r^rn exprr• , G t i G[, (3~tiliSli MI HAND AND SEAL OF OFFICE, Thl - Q4 A A D 10 8-0 c IUD' _tOri unty, f ) tery Pub13 - Texas My Commission Expires J*nv4y49, .70 d/ 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 acknowlr dged to me that .he executed the same for the purposes and consideration therein expressed. GIVEN UNDER 31Y HAND AND SEAL OF OFFICE, This day of . , A.D. 19 Notary Public, County, Texas .My Commission Expirca June 1, 19 CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS, t BEFORE ME, the1, COUNTY OF '094d aathvedy; in and for sold County, Texas, on this dry personally appeared known to me to IM the person and oMcer whose name Is rubscribed to the foregoing instn+ment and acknowledged to me that the same was the act at, the said A. corporation, and that he executed the anme vs the act of such corporation for the purposes and consideration therein gtipressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of A.D. 19 ( L'S.) Notary Public, . . County, Texas my Commission Expires June 1, 19__._ CLERK'S CERTIFICATE THE STATE OF TEXAS$ . . _ County COUNTY OF. I, _ Clerk of the County Court of said County, do kalt pircygWy that th%Mtf* j"ment of writing dated on the . day of %1,w MAIL De Rdtlyd~q~cale~of Authentication, was filed for record In my omce on the day of i dsb ~~y ser tine c«bly eutkal this inskurrontpefa filed,ty Ktl tptM o'clock iFf., and duly mpad kcrooa Df ms rd sore M recorded this day of_corkcfYlas,.t[kns,rolame erd pa~cfw ~amed r o, o'clock M., In the lt%_........_ ,on pages _ WITNESS MY HAND AND SEAL OF THE COUNTY Cbft20r;q0nty, at office in O d.jcmr last above written. a • _ . 1 I County, Texas. ♦a , • County !e (L, S.) $y _ ,..Deputy. r011ltiT QUR, ionkN taountye lsof ILO 1 4 ILL ~ i I ( ~t l j L I'U1L ..y r i H ~ ~ .r ~ ~ tlL3~ ! I it ~ NO. o _ 3 h AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-19 AND AS SAID MAP APPLIES TO APPROXIMATELY 109.102 ACRE OF LAND AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That the Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas, under provisions of Ordinance No. 69-1, be, and the same is hereby amended as follows: All the hereinafter described property zoned Planned Development "PD" is hereby amended with the following conditions: 1. The maximum development shall be as follows: Office Site 1 maximum of 28S,OO0 square feet office space. Multi-Family Site maximum of 270 units. Restaurant Site 1 maximum of 100 seat restaurant Cultural Site maximum of 67S theatre seats Hotel F Restaurant maximum of 300 hotel rooms and 200 seat restaurant. Office Site 2 maximum of 181,000 square feet office space. Village Shopping maximum of 80,000 square feet of gross leasable area. Site plan approval by the Planning & Zoning Com- mission and the City Council is required before development. Variations in the actual site dimensions can be approved on the site plan as long as the building density is not increased. 2. The developer wi'il construct the street system including Wimbleton Boulevard and Village Way as indicated by the plan. Wimbleton Boulevard will be constructed in the initial phases of the development on the north side of this street. The developer will widen State School Road to 4S feet from Wimbleton Boulevard to Interstate 3S when the traffic volume is 14,000 trips per day. 3. The developer will follow the design concept presented on the rendering, to the extent that the pedestrian way, Waldon Walk, will be built and the buildings will be sited generally along the corridor. The developer 1s not required to follow the rendering to the extent that the buildings will have to be sited or designed as illustrated, and variations in the location of the walk can be approved on the site plan. 4. The maximum building height for the office area fronting on State School Road is two {2} stories. The other office area and hotel area can have taller buildings if approved on the site plan. Z-1445-ROBERT NICKERSON-PAGE ONE S. A minimum 10 foot wide landscaped area will be provided adjoining the east side of State School Road right of way and the north side of Wimbleton Boulevard right of way, 6• The site designated recreational shall be maintained as open space by the developer for recreation and drainage purposes unless the property is dedicated to the City for park development and the City accepts the dedication The metes and bounds of said property is more particularly described as follows, to-wit: All that certain lot, tract or parcel of land lying and being situated in the M.E.P. $ P.R.R. Survey, Abstract No. 950, the Gideon Walker Survey, Abstract No. 1330, and the Levi Young Survey, Abstract No. 1451, Denton County, Texas, being a part of a certain (called) 323.000 acre tract deeded by MFA, Incorporated to Oak Ridge Company on the 30th day of May, 1973, recorded in Volume 676, Page 346, and a part of a certain (called) 22.377 acre tract deeded by Richard H. Taliaferro to Oak Ridge Company on the 27th day of August, 1973, recorded in Volume 684, Page 235, Deed Records of said County, and being more fully described as follows: BEGINNING at the right of way marker situated in the southwest right of way of Interstate Highway 3SE at intersection with State School Road; THENCE south 550 091 2311 east along the south right of way of IH 35E a distance of 283.80 feet to an angle; THENCE south 470 081 0S11 east along the right of way of IH 3SB a distance of 180.00 feet; THENCE south 420 SO' 2111 west a distance of 180.30 feet; THENCE south 040 411 4311 west a distance of 533.85 feet; THENCE south 470 081 0511 east a distance of 1270.00 feet; THENCE north 420 S11 5511 east a distance of 600.00 feet the south right of way line of IH 35E; THENCE south 470 081 0511 east along the south right of way of IH 3SE a distance of 2386.10 feet to an iron pin; THENCE south 360 001 4911 west along a fence a distance of SS3.83 feet to a fence corner post; THENCE south 000 021 4611 east along a fence a distance of 121.85 feet; THENCE north 830 471 1011 west a distance of 1345.73 feet; THENCE north 800 31' 3611 east a distance of 121.21 feet to an iron pin; THENCE north 090 281 2411 west a distance of 354.61 feet to an iron pin; THENCE around a curve to the left a distance of 300.99 feet, the chord of said curve bears north 830 181 1811 west a distance of 300.82 feet; THENCE around a curve to the right a distance of 499.86 feet, the chord of said curve bears north 700 401 191, west a distance of 493.39 feet; THENCE north S40 401 1711 west a distance of 303.06 feet; 2.144S-ROBERT NICKERSON-PAGE Two r THENCE around a curve to the left a distance of 274.45 feet, the chord of said curve bears north 630 S5' 19" west a distance of 273.26 feet; THENCE around a curve to the right a distance of 509.82 feet, the chord of said curve bears north 440 46' 50" west a distance of 489.21 feet; THEr'CE aro-,a: .i eurva to thv left a distance of 331.6o feet, the chord of said curve bears north 430 171 11" west a distance of 512.35 feet to an iron pin in the east right of way of State School Road; THENCE north 050 13' 47" cast along the cast right of way of State School Road a distance of 1809.65 feet to an iron pin; THENCE north 710 37' 15" east a distance of 109.41 feet to the point of beginning and containing 109.102 acres of land. SECTION 11. 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 htuian lives, and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. SECTION III. That this ordinance shall be in full force and effect immediately after its passage and approval, the required public hearings having heretofore been hold by the Planning and Zoning Commission and the City Council of the City of Denton, Texas, after giving due notice thereof. PASSED AND APPROVED this the day of A. D. 1980. ~I ITY OF DE,TON, TEXAS ATTES HOLTt CITY SECRETARY • IT OF DENTON, TEXAS ' APPROVED AS TO LEGAL FORM C, J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS U.C Z-1445-RODERT NICKERSON-PAGE THROB 't . , . i. ~ .w,~ t cF . ~ Y' . , 1, O 1 ti', ~ 1 r r Vii: 1, ~ 7 tY~ J. - T n'. y, ~ R E S O L U T I O N WHEREAS, North Texas State University has requested authority from the City of Denton to perform certain adjustment I and improvements to water lines, sanitary sewers, and storm drainage facilities located in certain public streets of the City of Denton; and WHEREAS, it is for the joint benefit of the City of Denton and North Texas State University that such construction be accomplished; and WHEREAS, such construction is to be accomplished under a contract with the contractor and North Texas State University; r NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: SECTION I. The plans, specifications and contract documents designated as Storm Drain System C and D prepared by Freese and Nichols, Inc. for such construction are hereby approved. SECTION II, North Texas State University and the contractor selected by North Texas State University are hereby authorized to cause such improvements to be constructed in the public streets shown on the plan and specifications; provided, however, before any construction commences the contractor selected by North Texas State University shall obtain at his expense a Comprehensive General Liability Insurance Policy naming the City of Denton, Texas, and its employees as insured with the following limits: (a) Bodily Injury 100,000 Each Person 13000000 Each Occurrence (b) Property Damage 300,000 Each Occurrence 1300,000 Aggregate. Such policy or a certificate showing such coverage shall be filed with the City Manager of the City of Denton until all work is completed. . SECTION III. All of such construction shall be coordinated with the City Engineer of the City of Denton. PASSED AND APPROVED this the iU day of , 1980. r k-- '/'o CIT OF DE TON, TEXAS ATTE //'-BROOKS HOLT~ CITY 'rM CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: • ~ . , ~ ~ ~4 . ~ ~ r ~ a ~ R E S O L U T I O N WHEREAS, bids were received for the construction of an expansion to the Wastewater Treatment Plant and for construction of Intercepter/Collector Sewer Line; and WHEREAS, the bid in each of said construction projects were as follows: PROJECT CONTRACTOR CONTRACT AMOUNT Wastewater Treatment Gracon Construction Co. $7,607,800.00 Plant Expansion Interceptor Sewers Eagle Ford Construction $131253435.56 Co. Total $8 7339235.56 NOW. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. Subject to subsequent approval by the Texas Department of • Water Resources and the Rnvironmental Protection Agency, the City Council hereby accepts the bid of Gracon Construction Company in the sum of $7,607.800.00 and the bid of Eagle Ford Construction Company in the amount of $1,125,43536. SECTION II_ After approval by the Texas Department of Water Resources and the Envir3nmental Protection Agency, the Mayor is hereby authorized to execute contracts for such construction with each of said companies. / V)( PASSED AND APPROVEL this the p day of A~Z A. D. 1980. CI NY OF ENTON, TRAS ATTE d -HOLTO CITY-SECRETARY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C, J. TAYLOR JR, CITY ATTORNEY CITY OF DENTIN, TEXAS $Y# • ~t O r4 lit t r, e 4 't ~ 'I THE STATE OF TEXAS LEASE AGREEMENT COUNTY OF DENTON • This lease is made between the City of Dentfn., Texas, a home rule municipal corporation, as lessor, and Al Yates, as lessee, Lessor hereby leases to lessee and lessee hereby hires from lessor, office space as presently occupied by lessee (hereinafter called "premises") in the City of Denton Airport Administration Building located at the Denton Municipal Airport. The office spaf„e is leased for a term of one (1) year to commence on the & ' day of 1980, with either party canceling by written notice to the other party thirty (30) days in advance of the proposed cancellation date. The lessee shall pay to the lessor the monthly rental of Fifty Dollars ($50.00), duo and payable in full, in advance, on the first day of each calendar month. All monthly rental and any notice of cancellation to lessor shall be addressed or made payable to the City of Denton and delivered to the Denton Municipal Airport Manager at his office or such other place as the lessor may designate in writing. Lessee shall commit no act of waste and shall take good care of the premises and fixtures and appurtenances therein, and that at the expiration of the lease, peaceable possession of-►the said premises shall be given to the lessor in as good condition as at the beginning of this lease, usual wear and tear, damage by fire, and acts of God or the elements oxceptad. Lessor shall furnish heating, air conditioning and necessary electricity for lighting and the operation of usual office machines. Lessor shall have the right of access at reasonable times for examining and making repairs to said premises. Lessee shall not assign or sublet this lease or any part thereof without first obtaining the written consent of lessor. Time is of the essence of this lease with respect to the performance by the lessee of its obligations hereunder, The covenants herein shall extend to and be binding upon the heirs, executors and administrators of the parties to this lease. IN WITNESS WHEREOF, the parties to this lease agreement have hereunto set their hands on this the day of , 1960. AL YATES, LESSEE CITY OF DEN TON, TEXAS, LESSOR C BY: E WITNESS s I i i I. f r x~= y J z ~ r o r r n 5 n : r OATH OF OFFICE I, Dwight L. Cailey , do solemnly swear (or affirm) 'that I will faithfully execute the duties of the office of City Council Member of the City of Centon, Texas, and will to the best of my ability preserve, protect and defend the Constitution and laws of the United States and of this State and the Charter and Ordinances of this City. Subscribed and sworn to before me the undersigned on this the 6th day of a r, A.D. 19 80 To c^rtify which witness my an and seal of office. C R CITY OF DENTONs TEXAS w NO. YO-31 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO APPROXIMATELY 0.53561 ACRE OF LAND AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN;. AND DECLAR.T_NG AN EFFECT?VE PATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That the Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas, under provisions of Ordinance No. 69-1, be, and the same is hereby amended as follows: All the hereinafter described property is hereby removed from the Single Family "SF-7" District a,. 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 General Retail "GR" District in the same manner as other property located in the General Retail "GR" District and more particularly described as follows; All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being a O.S3561 acre tract in the A. Hill Survey, Abstract No. 623, and being part of Lots 12, 13, 14, and 1S, Block 8 of the Paul Hamilton Addition to the City of Denton as shown by the Plat recorded in Volume 346, Page 4010 Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a found steel pin on the south boundary line of Eagle Drive at its intersection with the east boundary line of Cleveland Street at the northwest corner of Lot 12, Block B of said Hamilton Addition; THENCE south 880 41' 20" east with the south boundary line of Eagle Drive 16.23 feet to a steel pin at the west corner of tract described in a deed from Joe M. Erwin and James A. Erwin to the City of Denton, Texas, and recorded in Volume 806, Page 383, Deed Records of said County; THENCE south 800 54' 09" cast with the south boundary line of Eagle Drive 95.98 feet to a steel pin; THENCE south 880 41' 20" east with the south boundary line of Eagle Drive 119.0 feet to a found steel pin; THENCE south 00 52' west with the east boundary line of Lot 1S, 132.34 feet to a steel pin at a fence corner; THENCE north 890 35' 27" west 116.2 feet to a fence corner at the southwest corner of Lot 14; THENCE north 10 35' 29" east with a fence 72.65 feet to a steel pin; THENCE north 880 40' 50" west with a fence 116.0 to a steel pin on the east boundary line of Cleveland Street; THENCE north 10 40' 40" east with the east boundary line of Cleveland Street 74.5 feet to the place of beginning, containing in all 0.53561 acre of land. Z-1443-CHARLES P. MULKEY-PAGE ONE I 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 111. That this ordinance shall be in full force and effect immediately after its passage and approval, the required public hearings having heretofore been held by the Planning and Zoning Commission and the City Council of the City of Denton, Texas, after giving due notice thereof. / 7t PASSED AND APPROVED this the 6----day of , A. D. 1980. CI OF D NTON, T64S ATT / CI'iY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS 0 BY: a(lj&- A ~ &M MEW ad= sftkwd~eWwa Z-1443-CHARLES P, MULKEY-PAGE Two 4 r. ^J• )l 1 y r P ~ IPr t~ ip} t r MEMO { V OATH OF OFFICE Charles Hopkins 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 defers' the Constitution and laws of the United States and of this State and the Charter and Ordinances of this City. _ t Subscribed and sworn to before me the undersigned on this the 6th day of May , F.D. 1980 To certify w- witness my an and seal of office. SCITY OF DENTON, TEXAS M i.018 rnCE 853 EASEMENT FOR UTILITY LINES ULID fN THE STATE OF TEXAS ~ KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON I ?P87 THAT BELL ROOFING SHEET NF TAL AND INSULATION COMPANY, for and in consideration of the sum of One and No/100 Dollars ($1.00), and other good and valuable consideration, to it cash in hand paid by the CITY OF DENTON, TEXAS, a municipal corporation, the receipt of which is halreby acknowledged, does 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 construc- ting, reconstructing and maintaining said above mentioned public utility lines; all upon and with the distinct under- standing that the said City of Denton, Texas, its successors and assigns, will at all times after doing any work in connection with the construction, reconstruction or repair of said utility lines, restore said premises to the condi- tion 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 ITS HAND on this the 7th day of May , 1980. SELL ROOFING SHEET METAL AND INSULATION COMPANY By 'Oa~0_4 oe Below, Pres end t THE STATE OF TEXAS 1 COUNTY OF DENTON ! BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared JOE BELEW, 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 OFFICE on this the 7th day of may 1980. Denton n y, T x My commission expiresi 11-30-80 ! + ,4' ' , 44 ,u PROPOSED EAST{; EN"I All that certain 20 fo'.,L wide strip of hind ait,lntell in the I>. Brew9ter Survey, Abstract N,,. 56 Acnton count ::;lid tract tll`in,, hart of a Lract sho,.ii by deed to Bel I Ki of int; rind r~ r;u'L:c'(I ill Vollune 98i, page )51 of the Uer+l Records of :,unt,'u ,:,ul'It irv,lr; ;lr,l! heitly, more part.icularlv described a:: fol Bey,innini, , for the rorthe,ast corner ,r!' 11 c Iract be in;, desrrihed !ri`rcill tIL t he nol't l:ell::t Col'iloI" l i.l r 11 1tl of Iil" l tact ill the t Cst line of Interstate liil`,hway Thence South 21 devt'ee:; 57 Ini Tllt, thl` test ern line of sari road 3'11.13 feel 111'A' I:,I rornrr „f ;nid Yell Roofing tract; 'thence :Tort!! 89 deyreel 5' mirllll`:, ? UC,11;ds 1,L' w ti, sfli(I :;oath line of said tract 'ell feet Io n I, i1,1 Thence North 11 dcp`rer J1 riinuty"; 7+1 3 fcct to a point in north I im, ,f sai,i t r-ict , Thence South 89 do;'Iee, 51 i-:mli VA j•tl "C CI'I1,1.': 1.!11,1 rI S`1 1L'(`t tl, tile T)uinL of V040M MA 859 EXHIBIT "A" ; •J VOJ018 YALE 330 £X/STIM; EASEMENT To ✓ACE£ INDUSTRIAL PARK i 1613,9 PR -*4 w S. 890 Y3 40" E. h 21.5' ~ KAT REALTY CORP f 980/9,16 D n r March 1980 180 Scale r 1"=200' O N, i J. W, JAGO£, Jr. W p 5181306 OR W r Co w f~ r i 8£( L ROOFING 9851951 O.R. H W 3 47 N LO N t` 'h N N • 2 tN JAMES' F VASON, TrvWe ?.?S/ Y6-9 OR CY O' C S. 68.02'40"E. C'9 ~ 30.0' N. 21. 5?' 20" E. 40.0' MIM Leal h of, ►~r+lt„ing tYP*B 6r prlAd" H.6A'02'40"W. I tti~FACPOAY 50.0' ~ °g3.a►14~o wed _ , ~ ~ 6 ~x r'5a ;:~4~ u •:ilrS ~ i~'t~.r '~YC~r r~ w• i r.l J. *wd. (.h .~.Ma•}... .lt't, rw^{,.'. ~'.'iy~ x c ~ ' SUVA W 0 c3p v' rwn Y~, AIRPORT AGREEMENT THE STATE OF TEXAS ) COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: ) This lease and agreement, made and entered into by and between the City of Denton, a Municipal Corporation, situated in Den t^r, County, Texas, hereinafter called "Lessor", and Fox-51 Limited, a corporation of the State of Texas, located at Route 1, Box 47B, Argyle, Texas 76226, and whose registered agent is F. D. Strickler, located at Route 1, Box 47B, Argyle, Texas 76226, hereinafter referred to as "Lessee", WITNESSETH: WHEREAS, Lessor owns an airport known as the Denton Mumicipal Airport, located in the County of Denton, State of Texas, hereinafter called the "Airport"; and, WHEREAS, Lessee desires to lease certain premises and facilities of said airport, and Lessor is willing to lease certain premises to Lessee upon the teems and conditions hereincfter stated: 1. PREMISES Lessor, for and in consideration of the covenants and agreements hereinafter set forth, to be kept and performed by Lessee, has demised and leased untot Lessee, and Lessee does hereby hire and take from Lessor, the following described land situated in Denton County, Texas, described as follows: A. LAND: A 100 by 200 foot tract of land, being ,4591568 acres (20,000 square feet) described as follows: BEGINNING at steel pin for the northwest corner located 200 feel east of the centerline of north taxiway and 1184feet south of the centerline of Old County Rcad ISIS; THENCE south 200 feet to a steel join for the southwest corner; THENCE east 100 feet to a steel pin for the southeast corner; Th,9NCE north 200 feet to a steel pin for the northeast corner; THENCE west 100 feet to a steel pin to the place of beginning and containing approximately 20,000 square feet. Together with the right of ingress and egress to said property; and the right, in common with others so authorized, of passage upon the airport property generally, subject to reasonable regulations by the City of Denton; and such right shall extend to Lessee's employees, passengers, patrons and invitees. B. IMPROVEMENT'S: None, as there are no improvements upon the property. 11. TERN OF LEASE The term of this lease shall be for a term of thirty (30) years, beginning on the JJJ- 6, day of _ .T n e. , 1980, and ending on the day of zra G , 2010, unless sooner terminated as hereinafter set forth. Lessee shall have an option to renew this leas,:, at the termination of this lease at the end of thirty (30) yi:ars at a renegotiated rental and terms mutually agreed upon by the Lessor and Lessee without regard for or considering the then cost of living index. Lessee's election to renegotiate this lease shall be in writing addressed to the City Manager of the City of Denton, and shall be filed with Lessor's City Manager at least. 120 day:, before the expiration of the primary term of thirty (30) years. III. RENTALS AND FEES Lessee covenants and agroes to pay to Lessor, as consideration for this lease, ground rent, rentals and fees as follows: A, Land Rental: $700.00 per year, payable in monthly installments as follows: The first monthly payment due on the 1 day of ~a 11 d , 1980 in the sum of $58.37 and eleven (11) monthly installments in the sum of $58.33 each for ea-.h year, and it is expressly understood and agreed that the yearly rental for the land herein leased shall be readjusted at the `end of each five (S) year period during the term of this AIRPORT AGREEMENT - PALS 2 L lease, up or down, on the basis of the proportion that the then current United States Cost of Living Index for the Dallas/Fort Worth, Texas Standard Metropolitan Statistical Area, as compiled oy the U. S. Department of Labor, Bureau of Labor Statistics bears to the March 1980 index which was 237.3 (1967=100) The land rental amount is now based upon .035 cents per square foot per year for the land herein leased; and it is expressly understood and agreed that the rental increase or decrease, if any, for each five (5) year rental adjustment under this lease shall not exceed fifty (501) percent of the beginning yearly rental of Seven Hundred Dollars ($700.00). B. Improvement Rental: None, as there are no improvements on the property herein leased. C. Hangar and Tie-Down Rental Fees: Ten (101) percent of all hangar and tie-down rental fees collected by Lessee from customers of Lessen each month during the term of this lease. D. Aviation Fuel Fees: Three (34) cents per gallon on all aircraft fuel sold or pumped through the facilities of Lessee or ten (101) percent of Lessee's Gross Profit on the sale of aircraft fuel, whichever amount is greater, but excluding aircraft fuel used by Lessee. Gross Profit is the difference between the selling price and the cost of fuel. (Gross Profit does not include taxes paid on aircraft fuel.) All rentals and fees shall be paid monthly to Lessor on the 15th day of each month during the term of this lease at the office of the Airport Manager. 1V. ASSIGNMENT OF LEASE Lessee expressly covenants that it will not assign this lease, nor sublet the whole or any part of the said premises for any purpose, except for rental of hangar space or tie-down a AIRPORT AGREEMENT - PAGE 3 space, without the written consent of Lessor; except that any person, corporation or institution that lends money to Lessee for the cintruction of any hangar, structure, building or improvement upon the leased premises and retains a security interest in said hangar, structure, building or improvement shall, upon default of Lessee's obligation to said mortgagee, have the right to enter upon said leased premises and operate or manage said hangar, structure, building or improvement according to the terms of this agreement, for a period not to exceed the term of the mortgage with Lessee, or until the loan is paid in full, but in no event longer than the term of this lease. Lessor agrees that it will not unreasonably withhold its approval of the sale or subleate of the facilities for airport related purposes. V. CONSTRUCTION OF BUILDINGS Lessee is hereby authorized to construct upon the land harein leased, at its own cost and expense, buildings, hangars, and structures, including fuel storage tanks or other equipment, that Lessor and Lessee mutually agree are necessary for use in connection with the operations authorized by this lease; provided, however, before commencing the construction of any improvements upon the premises, Lessee shall submit: 1. all plans and specifications showing the location upon the premises of the proposed construction; 2. the estimated cost of such construction. No construction may commence until Lessor, acting by its City Council, has approved the plans and specifications and the location of the improvements, the estimated costs of such construction, to the agreed estimated life of the building or ~s structure. Documentary evidence of the actual cost of construction shall be delivered by Lessee to Lessor's City Manager from time to time as such costs are paid by Lessee, and Lessor's City Manager is hereby authorized to endorse upon a AIRPORT AGREEMENT • PAGE 4 copy of this lease filed with the City Secretary of Lessor such actual amounts as.he shall have found to have been paid by Lessee, Grd Cie fiauliags of said City Manager when endorsed by him upon said contract shall be conclusive upon all parties for all purposes of this agreement. VI. USE OF LEASED PREMISES Lessor does hereby demise and let unto the Lessee, and Lessee does hereby hire and take from the Lessor, the land and facilities herein described, and the rights, licenses, and privileges in connection with the use of such property and improvements as follows: A. The use, in common with others authorized so to do, of said airport and all appurtenances, facilities, improvements, equipment and services which have been or may hereafter be provided thereat. B. The operation of a transportation system by aircraft, the repairing, maintaining, conditioning, servicing, parking or storage of aircraft or other equipment; the training of personnel and the testing of aircraft and other equipment; the sale, disposal or exchange of aircraft, engines, accessories, and related equipment; the servicing by Lessee of aircraft and other airport related equipment, including the right to Install and maintain on said airport adequate storage facilities, and appurtenances, including right of way necessary therefor; the landing, taking off, parking, loading, and unloading of aircraft and other equipment; the right to load and unload persons, property and mail at said airport, by such means as Lessee may desire, with the right to designate the carriers who shall transport Lessee's passengers and their baggage to and from the airport, and, also, the further right to designate the carriers who shall transport Lessee's airborne freight, if any, to and from the said airport; the right to install and operate advertising signs, the general type and design of such signs to AIRPORT AGPEEMENT - PAGE 5 be reasonable and appropriate; the right, but not the duty or obligation, to install, maintain and operate radio, communi- cations, meteorological and aerial navigations, and such other similar equipment and facilities in, on or about the premises herein leased, as may be necessary or convenient for Lessee's operations; the conduct of any other aviation related business or operations reasonably necessary to the proper, necessary and appropriate conduct and operation by Lessee of its business; and without in any way limiting the foregoing, Lessee specifically agrees that, if Lessee elects to engage in or provide any of the above services on the premises herein leased, Lessee will: (1) Provide service to the public on a non-discriminatory basis; (2) Conduct anti operate its business and management in P. courteous and efficient manner; (3) If Lessee provides tiz-down service, Lessee will provide tie-down service to overnight or other transient aircraft or aircraft remaining at the airport fu-r twenty-four (24) hours or less; (4) If Lessee provides aircraft fuel services, Lessee will stake available either by tank truck, stationary pump or other suitable dispensing equipment approved by the Fire Marshal of the City of Denton, the quality of gasoline and other petroleum distillates normally found at similar airports; end all storage tanks for gasoline and other aviation fuels shall be placed underground in accordance with tlao provisions of the Fire Code of the City of Denton for underground flammable liquid storage tanks. C, Lessee may not use any of the leased land or premises for the operation of a motol, hotel, restaurant, private club or bar, apartment house, or for industrial, commercial or retail purposes, except as authorized herein, without the expressed written consent of Lessor, AIRPORT AGREEMENT - PAGE 6 VII. OWNERSHIP OF IMPROVEMENTS All I-,j ldings and Improvements co.tstrucce.; upon the premises by Lessee shall remain the property of Lessee unless said property becomes the property of Lessor under the following conditions, terms and provisions: A. No building or permanent fixture may be removed from the premises without the written consent of Lessor. B. All buildings and improvements of whatever nature remaining upon the leased premises at the eiid of the primary term of this lease shall automatically become the property of Lessor absolutely in fee without any cost to Lessor. C. It is agreed that the life of the building to be constructed by Lessee on the property herein leased is thirty (30) years. Should this lease be cancelled for any reason before the end of the thirty (30) year term, it is especially understood and agreed that Lessor reserves the right to purchase all buildings, structures and improvement) then existing upon the premises by tendering to Lessee one-thirtieth (1/30) of the undepreciated value of such building for each year remaining on the agreed life of such buildinp;, The undepreciated value of all improvements is to be determined by having such improvements appraised by threw appraisers, one appointed by Lessor, one appointed by Lesseo and one appointed by the two appraisers; provided, however, tho total value of such improvements shall not exceed the original cost of such building plus an increase in value not to exceed fifty percent (501) of the original cost of such improvements for each five (5) year rental adjustment period. VIII. SUBROGATION OF MORTG4GB8 Any person, corporation or institutioi that lends money to „ Lessee for constru:tion of any hangar, structure, building or improvement and retains a security interest :n said hangar, ~ AIRPORT AGREEMENT - PAGE 7 structure, building or improvement shall, upon default of Lessee's obligations to said mortgagee, have the right to enter upon said leased premises and operate or manage said hangar, struct::re, hu?lr!ing or :rprcvemunt according to i.he cerms of this Agreement, for a period not to exceed the term of the mortgage with Lessee, or until the loan is paid in full; or such mortgagee shall have the right to remove any buildings or structures from the premises; however, if such mortgagee is planning to remove any buildings, then they will notify Lessor in writing of such intent to remove, and Lessor will have sixty (60) days from receipt of such notice to exercise an option to purchase such buildings or structures under the provisions of Paragraph VII hereof. IX. RIGHT OF EASEMENT• Lessor shall have the right to establish easements, at no cost to Lessor, upon thc, leased ground space for the purpose of providing utility services to, from or across the airport property. However, any such easements shall not interfere with Lessee's use of the "leased ground space" and Lessor shall restore the property to its original condition upon the installation of any utility services on, in, over or under any such easement. X. MAINTENANCE AND REPAIRS Lessee shall be responsible for all cleaning, maintenance and repair of all buildings, structures and improvements hereafter constructed upon the land which is leased to Lessee under this lease, including the mowing and elimination of grass and other vegetation on the premises. XI, a UTILITIES Lessee shall provide all utilities for the premises leased to Lessee, at its own cost and, expense. Utilitie3 shall also 17 include any security lighting required by Lessee for tho AIRPORT AGPEEMENT - PAO9 8 L convenience of customers of Lessee. Lessee shall have the right to connect to the airport water 'ine now existing and to connect to any future utility lines at Lessee's expense. XII. INSURANCE A. Lessee agrees to provide adequate insurance for all buildings now owned by Lessee or hereafter constructed upon the premises by Lessee, and to replace or repair each in all cases of any loss compensated by insurance within a reasonable period of time. B. Lessee agrees to obtain insurance coverage and to maintain such insurance coverage in amount reasonably necessary to protect Lessee from normal insurable liabilities arising from the operations of Lessee. X1II, COVENANTS BY LESSOR Lessor hereby agrees as follows: 1. To provide and pay for the installation and monthly electricity required for security lighting at the airport which Lessor requires to be installed under any safety or fire regulations, or as may be required by Lessor; (2) To maintain all concrete and asphalt runways, taxiways and auto and airplane parking areas on the entire airport, but exclyding any areas leased exclusively to Lessee; (3) To maintain all runway, taxi, and area lights, and beacons and to pay for all electricity required for their operations; (4) To maintain the airport in an acceptable condition for general aviation activities on said airport; (S) Lessor covenants and agrees not to enter into any subsequent lease, contract, or agreement with any other person, firid or' 'corporation for the operation of a fixed base general aviation operation or business similar to Lessee's business on the airport containing more favorable terms than this agreement F or -not to Lesseo hereundiq unless the same rights, r , A1RP:lO AMEMEN1 - PAOB privileges and concessions are concurrently and automatically made available to Lessee. (b) That on payment of the rent, fees, and performance of J the covenants and agreements on the part of Lessee to be performed hereunder, Lessee shall peaceably hold and enjoy the leased premises and all the rights and privileges herein granted. (7) Lessor warrants and represents that in the establishment, construction and operation of the said Denton Municipal Airport, that Lessor has heretofore and at this time is complying with all existing rules, regulations, and criteria distributed by the Federal Aviation Agency, Civil Aeronautics Board, or any other governmental authority relating to and including, but not limited to, noise abatement, air rights and easements over adjoining and contiguous areas, over-flight in landing or take-off, to the and that Lessee will not be legally liable for any action of trespass or similar cause of action by virtue of any aerial operations over adjoining property in the course of normal take-off and landing procedures, from said Denton Municipal Airport; Lessor further warrants and represents that at all times during the term hereof, or any renewal or extension of the same, that it will continue to compl;e with the foregoing. XIV, COVENANTS BY LESSEE Lessee hereby agrees as follows: (1) To indemnify and hol-' harmless the Lessor from and against all loss and damages, including death, personal injury, loss of property ur other damages, arising or resulting from the operation of Lessee's business in and upon the leased premises. (2)' Not to make or suffer any waste to be made of the dremises And will. keep said premises neat, clean and respectable`conditin,'free from objectionable matter or thing. (3)' To observe and comply with all current and future laws AIRPORT AGREEMENT - PACE 10 vi and ordinances and all regulations of federal, state, county or city airport authorities or agencies having jurisdiction over the conduct of operations at the airport. (4) To keep adequate records of income and expenses and make such records reasonably available, upon request, to toe Director of Finance of the City of Denton, Texas. (S) Lessee will quit possession of all premises leased herein at the end of the primary term of this lease or any renewal or extension thereof, and deliver up the premises to Lessor in as good condition as existed when possession was taken by Lessee, reasonable wear and tear excepted, (6) Lessee shall, at its expense, procure all licenses, certificates, permits, or other yuthorization from any and all governmental authorities, if any, having jurisdiction over the operations of Lessee. XV. SPECIAL CONDITIONS It is especially understood and agreed by and between Isssor and Lessee that this lease agreement is subject to the following special terms and conditions: (1) Nothing contained herein shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 1349 of Title 49, United States Code Annotated. (2) Lessor reserves the right to further develop or improve any public parking area, landing area, or other portion of the airport property without notice to Lessee. (3) During time of war or national emergency, declared by the Congress or the President of the Unites States, Lessor reserves the right to alter, amend, or suspend this agreement upon demand of military or naval authorities of the United states.' r (4) Lessee, its heirs, personal representatives, hccessors in interest, and assigns, as a part of the consideration :hereof, does hereby covenant and agree as a AIRPORT AGREEMENT PAGB 11 ' covenant running with the land that in the event facilities are constructed, maintained, or otherwise operated on the property described in this lease for a purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the Lessee shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimin,cion in Federally-assisted programs of the Department of Transportation- Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. That in the event of breach of any of the above nondis- crimination covenants, Lessor shall have the right to terminate the lease and to re-enter and repossess said land and the facilities thereon, and hold the same as if said lease had i.ever been made of issued. (6) Lessee, its personal representative, successors in interest, and assigns, as a part of the consideration hereof, does hereby coranant and agree as a covenant running with ti`a Innd that (1) no person on the grounds of race, color, or national origin shall bq 9xcluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereof, no, person on the grounds of race, color or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; (3) that the Lessee shall use the prexises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle Ao Office of the Secretary, Part 21, Nondiscrimin4tion in Federally-assisted programs of the Department of Transpor- tattorti-Effectuation of Title VI cf the Civil Frights Act of 19640 and as said Regulations may be amended, AIRPORT AGREEMENT - PAGE 12 That in the event of breach of any of the above nondiscrimination covenants, Lessor shall have the right to terminate the lease and to re-enter and repossess said land and the facilities thereon, and hold the same as if said lease had never been made or issued. (6) The Lessee assures that it will undertake. an affirmative action program as required by 14 CFR Part 152, Subpart E, to insure that no person shall on the grounds of race, creed, color, national origin, or sex be excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E. The Lessee assures that no person shall be excluded on these grounds from participating in or receiving the services or benefits of ary program or activity covered by n this subpart. The Lessee assures that it will require that its covered suborganizatons provide assurances to the Lessor that they similarly will undertake affirmative action programs and that they will require assurances from their suborganizations, as required by 14 CFR Part 152, Subpart E, to the same effect. (7) Lessee is hereby granted the first right to lease the following described land for a period of five (S) years; BEGINNING on the east side of the building restriction line along Old County Road 1515 to the fence line along County Road 1S1S; THENCE south along the fence line to the first drainage channel; THENCE west along the drainage channel to tho building restriction line; THENCE north along the building restriction line to the Old County Road ISIS; at three and one-half (.0354) cents per square foot. Lessee shall have thirty (30) days to exercise this first right to tease the above described land after receiving notice from the City Manager of the City of Denton that Lessor has a party desiring to lease such property. (8) If Lessor files an action to enforce any covenant, term or condition of this lease, or for the recovery of the possession of the leased area, or for breach of any covenant, AIRPORT AGREEMENT - PAGE 13 term or condition of this lease, then Lessee agrees to pay to Lessor reasonable attorneys fees for the services of Lessor's attorney in such action as part of the costs incurred, such attorneys fees to be set by the Court. (9) Lessor's waiver or breach of one covenant or condition of this lease shall not be deemed a waiver of subsequent breaches of other provisions, and Lessor's acceptance of rental payments shall not be deemed a waiver of any breach of any of the provisions of this lease. XI. CANCELLATION BY LESSOR In the event that Lessee shall file a voluntary petition in bankruptcy or proceedings in bankruptcy shall be instituted against it and Lessee thereafter is adjudicated bankrupt pursuant to such proceedings, or any court shall take juris- diction of Lessee and its assets pursuant to proceedings brought under the provisions of any Federal reorganization act, or Lessee shall be divested of its estate herein by other operation of law, or Lessee shall fail to perform, keep and observe any of the terms, covenants, or conditions herein contained, or on its part to be performed, the Lessor may give Lessee written notice to correct such condition or cure such default and, if any condition or default shall continue for thirty (30) days after the receipt of such notice by Lessee, ,n then Lessor may, terminate this lease by a thirty (30) days written notice to Lessee. In the event of default, Lessor has the right to purchase any or all structures on the leased premises under the provisions of Pargraph VII hereof, XII. CANCELLATION BY LBSSEB Lessee may cancel this Agreement, in whole or part, and terminate all or any of its obligations hereunder at any time, by thirty (30) days written notice, upon or after the happening of any one of the following events: (1) issuance by any court of, competent jurisdiction of a permanent injunction in any way AIRPORT AGREEMENT - PAOB 14 preventing or restraining the use of said airport or any par'- thereof for airport purposes; (2) any action of the Civil Aeronautics Board and/or Federal Aviation Agency refusing to permit Lessea to oper:.te inco, from or through said airport such aircraft as Lessee may reasonably desire to operate thereon; the breach by Lessor of any of the covenants or agreements contained herein and the railure of Lessor to remedy such breach for a period of thirty (30) days after receipt of a written notice of the existence of such breach; (3) the inability of Lessee to use said premises and facilitles continuing for a longer period than ninety (90) days due to any law or any order, rule or regulation of any appropriate governmental authority having jurisdiction over the operations of Lessor or due to war, earthquake or other casualty; or (4) the assumption or recapture by the United States Government or any authorized agency thereof of the maintenance and operation of said airport and facilities or any substantial part or parts thereof. XIII. NOTICES All notices provided for herein or required by this agreement shall be sufficient if sent by certified mail, postage prepaid, addressed to the parties as follows; LESSOR: City Secretary liunicipal Building '!IS East Mckinney Street '7enton, Texas 76201 LESSEE: F. D. Strickler and Johnny S. Rutherford d/b/a Fox-51 Limited 'Route 1, Box 47B Argyle, Texas 76226 or to such other address as either party may designate in writing from time to time. IN WITNESS WiiEREOF, the parties to this instrument have hereto set th4ir hands on this the 6th` day of May , 1980, executed as to the original and two copies. AIRPORT AGREEMENT - PAGE 1S I CITY OF DENTON, TEXAS, LESSOR BY: ATTEST: Y- CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DE TOP;, TEX BY: FOX-51 LIMITED, LESSEE BY: F. STATE OF TEXAS ) COUNTY OF bL~ ) BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared F. D. Strickler, known to me to be the person and officer whose dame is subscribed to the foregoing Instrument and acknowledged to me that the some was the act of the said Fox-S1 Limited, a corporation of the State of Texas, and that he executed he same as the act of said corporation for the purposes and consideration therein expressed, and in the capacity therein stated. p1VEN UNDER NY HAND AND SEAL OF OFFICE, This the day of Q , 1980. Q I l ~1 LZ' NO&KRY PUBLIC My Commission expires: AIRPORT AGRAEMENT - PAGE 16 I Y,1 ~V R , '8.p f F. r 4 ~ r1 r r • r , STANDARD FORM OF AG~REET STATE OF TEXAS COUNTY OF / THIS AGREEMENT made and entered into this , 12th May - -day of A.D., 19 80 Denton by and between- __t_he r+r • of the County of Denton and State of Texas, acting through John J. Purchasing Agent Marshall thereunto duly authorized so to do, party of the First Part, herein- after termed OWNER, and 249 Sellmeyer Lewisville, Texas of the City of 1,ewisville r County of Denton and State of Texas Party of the Second Part, herein- after termed CONTRACTOR. • WITNESSETH: That for and in consideration of the and agreements hereinafter srentioned, to be made and prformed by the Party of the First ,NPayments expressed in bond bearin eVErt (te hR), and under theeconditions Second Part (CONTRACTOR), g n date herewith, the said Party of the Party of the First Part {OWNER} to co merlce ande completet the ,co::str ction of certain improvements described as follows: Bid 08759 Item 02 Replacement of 2" waterline with V waterminn i on Randolph street, for the bid proposal price of $11,9c4•40, i and all extra work in connection # t stated in the General Conditions of=the+igr under file terms their) os+n proper cost and ex a, Agreement and at his as supplies, machinery, equipment,~3etoolsEursuserinte th ndence, materials, insurance, and other acceDsories and services necessa y to the said construction, in accordance +ith the conditions and labor, stated in the Proposal attached hereto, y to complete and in accordance with thetas SF-1 i mss: . Notice to contractors, General and Special Conditions of Agreement, Plans and other drawings and printed or written explanatory matter thereof, and the specifications and addenda therefore, as prepared by herein entitled the ENGINEER, each of which hrs been identified by the CONTRACTOR and the ENGINEER, together with the CONTRACTOR'S written Proposal, the General ConditionL of the Agreement, and the Performance and Payment and Maintenance Bonds hereto attached; all of which are made a part hereof and, collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work within fifteen (15) days after the date written notice to do so shall have been given to him, and to substantially complete the same within ninety (90) working days after the date of the written notice to commence work, subject to such extensions of time as are provided by the General and special Conditions, The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the proposal, which forms a part of this contract, such payments to be subject to tho General and Special Conditions of the Contract. IN WITNESS KHEREOF, the pa rIt i•,.: t~+ these have executed this Agreement in the year and day t{tst above written. f Cit of Denton Texas _ Murray :nr,~truction G Party of the F rat Part Inc ` (0~ ) Party C,The Second Part By ✓ ~ By v iLGo, At est: Atte : l e ell A4~ SF-2 ?ERFORMANCE BOND STATE OF TEXAS COUNTY OF Denton KNOW ALL MEN BY THESE PRESENTS: That Murray Construction Co., Inc, of the City of Lewisville County of Denton , and State of 'texas as principal, and ME FIDELITY AND CASUALTY (D 'ANY OF NEW YORK authorized under the laws of the State Of Texas to act as surety on bonds for principals, are held and firmly bound unto The City of f -Denton. Texas , in the penal sum of Eleven thousand nine hundred forty four and 40/100 Dollars 11,944.40 ) for the ( payment whereof, the said Principal and Surety bind themselves, and their f heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the City of Denton, dated the 12th day of May 19 eu } 1 To which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. i , NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract' and shall in all respects duly and faithfully observe and i perform all and singular the covenants, conditions and agreements in and by said contract agreed and covenanted by the Principal to be. f observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full E force and effect; I f PB-1 1 I i i J i ' c ' pursuant to he Vprovisi ns LoER Article that 5160 1 of bond is Revised executed Civil Statutes of Texas as amended by the acts of the. 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN NITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 12th day of Eby f 19 80 AMY TRUCTION CO. s INC. TIC FIDE AND CASUALTY 0 SAM' OF NEW f PR IPAL SURETY i RK i, ' l BY Title ( v fe? Attorney _ Title _ Address: 249 Sellme or Lane Address: P. 0. Box 96C Lewisyille Texas 75p67 Dallas Texas 75221 • i j The name and address of the Resident Agent of Surety is: Jerry P. Rose TNC Capital Bank Bldgg., Suite 906 Dallas, Toms 75206 PB-2 The Fidelity and Casualty Company of New York 80 Maiden Lane,•New York, New York 10038 GENERAL POWER OF ATTORNEY Know all men by those Presents, That THE FIDELITY AND CASUALTY COMPANY OF NEW YORK has made, constituted and appointed. and by Ihese presents does make, constitute, and appolnt ,Terry P. Rose or Brett Woods or Linda O/Hale all of Dallas, Texas, EACH its true aod;dvrlui attorney for it and !n its name, place, and stead to 9xecute on behalf of the said Company, as surely, bonds, undertakings and contracts of suretyship to be given to all obligees a provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed In amount the sum of one Million ($1,000,000.) Dollars. This Power of Attorney Is granted and is signed and seated by facsimile under and by the authority of the following Resolu• tion adopted by the Board of Directors of the Company at a meeting duly called and held on the 1st day of November, 1977: "RESOLVED, tat the Chairma.t of the Board, the Vice Chairmen of The Board, the President, an Executive Vice President or a Senior % ice Pirelli- dint or a Vice President of the Company, be, and that each or any of them Is, authorized to azecule Powers of Attorney Qualifying Of attorney named In the given Power of Attorney to execute In behalf of the Company, bonds, undertakings and all contracts of sure"hip; and that an Asustant Vice President, a Secretary of an Assistant Secretary be, and that each or soy of them hereby Is. auftrhed to sliest the execution of any such Power of Attorney, and to att$Ch IhertlO the asst 01 the CrNnpany. FURTHER RESOLVED, That the alonsfures of such officers and the seal of the Company may be affixed to anysuch Powerof Attornoy or to any certificate rotating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seat shelf be valid and binding upon the Company when so affixed and in the future with respect to any bend, undertaking or contract of suretyshrp to which 11 is attach. ed.' e In Witness Whereof, THE FIDELITY AND CASUALTY COMPANY OF NEW YORK has caused its official seat to be here- unto affixed, and these presents to be signed by one of its Vice Presidents and attested by one of its Assistant Vice Pres- Idants this 3rd day of January, 1979. THE FIDELITY AND CASUALTY COMPANY OF NEW YORK Attest: By x~xur aa. G Y.H. Stephens. Assistant Vice Pnaidanl ar.L. Ford, vice-President STATE OF NEW YORK, as COUNTY OF NEW YORK, On this 3rd day of January, 1979, before me personally came M. L. Ford, to me known, who being by me duly sworn, did depose and say that he resides In Summit, In the County of Essex, State of New Jersey, at 788 Springfield Avenue; that he Is a Vice-President of THE FIDELITY AND CASUALTY COMPANY OF NEW YORK, the corporation described In and which executed the above Instrument; that he knows the seal of the said corporation; that the seal affixed to the said Instru- ment Is such corporate seat; [hat It was so affixed by order of the Board of Directors or said corporation and that he signed his name thereto by like order. ~ r/ aOrxarti o y'r xx'~ ETHFL fARAN10 NO1AAY PUBLIC, Sues of Nee York CERTIFICATE No 21.<68311104.In KgsCounp Commission Erpirss March 30,1980 I, the undersigned, as Assistant Secretary of THE FIDELITY AND CASUALTY COMPANY OF NEW YORK, a New Hampshire corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been re- voked; and furthermore that the Resolution of the Board of Directors, set forth In the sold Power of Attorney, Is now In force Signed and seated at the City of New York, Dci sd the 12th day of ? Sy 19 80 , ~~,t1111. st ' Ixef w. Jamss M Keane, Assistant Secretary N ,ONO 41M PH Printed In U.5 X PAYMENT BOND STATE OF TEXAS COUNTY OF Denton KNOW ALL MEN BY THESE PRESENTS: That -Murray Construction, Company, Inc. --Of the City of Lewisville County of Denton , and the State of Texas as Principal, and authorized under the laws of the State of Texas to act as Surety on bonds for principals, are held and firmly bound unto the City of Denton, Texas, in the penal sum Of Eleven thousand nine hundred forty- four and 40/100 -Dollars 11,944.40 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, ad- ministrators, executors, successors and assigns, jointly and several- ly, by these presents: WHEREAS, the Principal has entered into a certain written con- tract with the City, of Denton, dated the _12rt, day of Bay _ -19, 90 , to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW1 THEREFORE, THE CONDIT?ON OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect? PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as PB-3 t i amended by the acts of•the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. Surety, for value received. stinuJs~.es and agrees that no c:4.'.nge, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extention of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surely have eigned and sealed this instrument this 12th day of bt3Y 19 80 MRRAY CONSTRUCTION CO. INC. Ti{E ILDELI IA*ID1C SUALTY COMP,Wy OF NEW YORK PRTiN ` L URETY Hy = !!lB By_ Title y YA-11 Title Attornev Address:_ 249 Sellm yer Lane Address: P. 0. Box 960 _ Lewi.svilleL Texas 75067 - Dallas Texas 75221 The name and address of the Resident Agent of Surety is: Jerry P. Rose _001.1. tER Opgg SSn ()F nn:t~S_LN('_ Capital Bank Bldg,, Suite 906 5307 P._Nk)ckinohirdl Lane Dallas, Texas 75206 PB-4 MAINTAN E BOND THE STATE OF TXAS COUNTY OF nan on KNOW ALL MEN BY THESE; PRESENTS: V!AT Murra Construction Co. Inc. as Principal, and RM FILELITY AND CAS a Corporation authorized to do business in the State of Texas, as surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Denton, a municipal corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas, the sum of One 'thousand one hundred ninety four and 44/100 dollars i,iga as 10% of the total amount of the contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and assigns, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said Murra Construction Co., Inc. has this day entered into a written contract with the said C ty of Denton to build and construct Bid k8759 Replace the water line with a b" _ water main on Kendolph Street within the City of Denton, Texas which contract and Ehe plans and specifications therein mentioned, adopted by the City of Denton, are filed with the City Secretary of said 2ity and are hereby expressly incorporated herein by reference and made a part hereof as though the, same were written and set out in full herein, and WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed-for a period of ont (1) year from the date of acceptance thereo! and do a12 necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said Contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the city may do said work in accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each day's failure on the part of said Contractor to comply with the terms and provisions of said contract and this bond. MB-1 NOW, THEREFORE If the said Contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of one (1) year, as herein and said contract provided, then these presents shall be null and void and have no further effect; otherwise, to remain in full force and effect. It is further agreed that this obligation shall be continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. IN WITNESS WHEREOF the said MRRAY CD MTWMION OD., INC. as Contractor and Principal, has caused these presents to be executed b Oliver H. Murray and the said A FIDELITY k_ Y-OOF)F.~ - - as surety, has caused these presents to be executed by its Attorney-in-fact Linda O'Nale and the said Attorney-in-f t has hereunto set his hand this the 12th day ofY , 19 80 SURETY: PRINCIPAL: TNB FI AND "geOCWANY OF r CON ION 0 YORK BY I. - C! Linda O'Nale u ATTORNEY-IN-FACT MB-2 J " SECTION ONE HIGHLAND oapv ROAD Replace 2" Waterline with 6" Watermain Connect to Existing-System 6" Watermafn 1711 LF ~ad Z~Gj~ " Gate Valves 5 Ea_ Cast Iron Fittings 705 lbs $/lb Fire Hydrants 2 Ea 'S G $/Ea_/ 3/4" Service Connection 1 Ea TOTAL SECTION ONE $ % ~C r✓ ALTERNATE: 1" Water'Service Connection /Sv 1-1/2 " Water Service Connection 2" Water Service Connection $/Ea 3/4" Water Tap -f5 = ___$/Ea 1" Water Tap _~5''" _$/Ea 1-1/2" Water Tap 2" Water Tap Ea $/Za P-3 SECTION TWO RENDOLF STREET • Replace 2" Waterline with 6" Waterlann Connect to existing system 2 Ea 6" Waterlann 860 LF $/LF 6" Gate Valves 4 Ea ~•SG -$/Ea Cast Iron Fittings ~ 845 LbsS/ib Fire Hydrants 3/4" Water Service Connection 4 Ea TOTAL FOR SECTION TWO $ '/fll L=~ ALTERNATE r: 1" Water Service Connection 1-1/2" Water service Connection $/Ea 2" Water Service Connection $/E a 3/4" Water Tap C 1" Water Tap >Z5'~' .$/Ea 1-1/2" Water Tap* S/Ea 2" Water Tap , $/Ea P-4 U ' BID SUMMARY Section ONE S e c t i on T'AO In the event of the award of a contract to the undersigned, the ur.3ersi.;nad will furnish a performance bond and a payment bond for the full amount of the ?contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the ccntract. It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the City. The undersigned certifies that the bid prices contained in this proposal have been c-,refully checked and are submitted as correct and final. CON-?RACTOR L stye t Address r Le-6; "E- 7S C, seal & Authorization C ty and State (Ii a Corporation) Telephone P-5 i ' I t ~ STA___ NDARD FORM OF AGREEMENT I STATE OF TEXAS AAoO COUNTY OF Denton ' THIS AGREEMENT, made and entered into this may A.D., 1980 12---- th day of by and between the City of nPnln[1 _of the County of Denton and State of Texas, acting through John J. Marshall, Purchasing Agent thereunto duly authorized so to do, Party of the First Part, herein- af ter termed OFTNER, and Lowell B. Allison contractors, Inc. 3725 Flory St. Ft. Worth, Texas 76118 of the City of Ft. Worth County of Tarrant and State of Texas Party of the Second Part, herein- after termed CONTRACTOR. TIITNESSETH; That for and in consideration of the and agreements hereinafter mentioned, to be made and performed the Party of the First Part payments expressed in bond bearing even date herewitha theesaidhPart y of of by Second Part {COtiTRP.CTOR conditions First Part (ON hereby agrees with the said Party the and certain improvements described as followsmPlete the constrution the of li o Road Replace 2" waterline with 6" watermain on Highland Park $18,939.b S. N8759, as per bid proposal, specifications etc. for the sum of I i and all extra work in connection therewith, under the terms f stated in the General Conditions of the Agreement and ! their) own proper cost and expense to furnish all the materials supplies, machiner, at his (or insurance, and other,accessories,and tools' superintendence, labor, Y to complete the stated i said n the constrPructoposional,attachedrhereto with the conditions and and in ac~,ordance with theces SE'-1 w r v E ' i Notice to Contractors, General and Special Conditions of Agreement, Plans and other drawings and printed or written explanatory matter thereof, and the specifications and addenda therefore, as prepared by 1 _ I herein entitled the ENGINEER, each of which has been identified by I the CONTRACTOR and the ENGINEER, together with the CONTRACTOR'S written Proposal, the General Conditions of the Agreement, and the Performance and Payment and Maintenance Bonds hereto attached; all of which are made a part hereof and collectively evidence and constitute the entire contract. The CONTRACTOR, hereby agrees to commence work within fifteen (15) days after the date written notice to do so shall have been given to him, and to substantially complete the same within ninety (90) working days after the date of the written notice to commence work, subject to such extensions of time as are provided by the General and Special Conditions. i The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the proposal, which forms a part of this contract,. such payments to be subject to the General and Special Conditions of the Contract. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. City t 8xaa~ LOWELL B. ALLISON CONTRACTOR, INC. P rty o the Firot Part Party of k~he Second Part ( ER) (C "TRACTOR) By By Attest: Attests SF-2 I ~ PERFORMANCE BOND ! STATE OF TEXAS COUNTY OF' Denton / I KNOW ALL MEN BY THESE PRESENTS: That Lowell B. Allison Contractor Inc, of the City of Fort Worth E~ County of Tarrant , and State of Texas , as principal, and united States Fidelity and Guaranty Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto cat„ oR - _Dentnn. Texas in the r penal sum of -eighteen thousand + hundred thirty nine and 55/100 Dollars 18,939,55 ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the City of Denton, dated the 12th day of _ May , 19 so ` To which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS f SUCH, that if the said Principal shall faithfully perform said Contract' and shall in all respects duly and faithfully observe and perform all and singular the covenantu, conditic,ns and agreements in t and by said contract agreed and covenanted by the Principal to be t observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void) otherwise to remain in full force and effect1 P8-1 i 1 PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the i same extent as if i* -ere copied at length herein. I Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be perf!:cmed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of 19 ~H [(1N'iRACTtIR, 1N-rytMI'LEp STATS FIDELITY AND Gr1ARANTY COMPANY ! P C1PAL G~iG~ 1 SURETY By a By_7/.(.U, I C:f! iu i, i~fM Title_ Title William B. Chappl- Attorney-in-Fact AddrjM 372_ 5 g~o~y~t Address: Light Street Ft. WOri7h-. Tx. 7' 6118 Baltirore, Maryland The name and address of the Resident Agent of Surety is: Crowley-Chappell and Company 100 N. University, Suite 219 Fort Worth Texas 76107 PB-2 PAYMENT BOND STATE OF TEXAS ' COUNTY OF Denton KNOW ALL MEN BY THESE PRESENTS: That Lowell B. Allison ('on for Inc, of the City of Fort Worth County of Tarrant , and the State of Texas as Principal, Ad United States Fidelity and Guaranty Ccmpany authorized under the laws of the State of Texas to act as Surety on bonds for principals, are helO and firmly bound unto the City of Denton, Texas, in the penal sum of eighteen thousand nine hundred thirty nine and 55/100 Dollars 18,939.55 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, ad- ministrators, executors, successors and assigns, jointly and several- ly, by these presents: WHEREAS, the Principal has entgred Into a certain written con- tract with the City of Denton, dated the _ lZtti day of _2,Y 19, 80 , to which contract is hereby referred to and made a part hereof at fully and to the same extent as if copied at length herein, NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontraccor in the prosecution of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised clivil Statutes of Texas as r i P8-3 amended by the acts of- the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extention of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITh3SS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of 19 i9 LOWELL B. ALLISON CONTRACTOR, INC. 'INITED STATES FIDELITY AND CUA9ANTY COMPANY PRINCIPAL SURETY 1 B y CCi~ By / II,GI Iw ~t.w✓ ~/C~(. William B. Chappel A Title ee Title_ Attorney-in-Fa t Address. 9725 Flory Straet Address:_LiKht street For Worth. Texas 76118 Baltimore. Aaryland The name and address of the Resident Agent of Surety is: f!rnwlpy-Chan ra11 And Company 100 H, University, Suite 219 Fnr4 Vnrfh. Tpyan 7610 PB-4 MAINTENANCE BOND THE STATE OF TEXAS COUNTY OF 0 KNOW ALL MEN BY THESE PRESENTS: THAT Lowell B. Allison Cont,ran+or, Inc, 3s Prit,cip al, and Onited States Fidelity and uaranty Company a Corporation authorized to do business in the State of Texas, as surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Denton, a municipal corporation of the State of 'T'exas, its successors and assigns, at Denton, Denton County, Texas, the sum of One thousand eight hundred ninety three and 95/00 dollars 1,893.95 10% of the total amount of the contract for the payment of whloh sum said principal and surety do hereby bind themselves, their successors and assigns, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said Lowell B. Allison Contractors, Inc. has this day entered into a written contract with the said City of Denton to build and construct as per bid N 8759 item 1. Replace 2" water line with 6" water main on Highland Park Road. which contract and the plans and specifications therein mentioned, adopted by the City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporated herein by reference and made a part hereof as though the same were written and set out in full herein, and WHEREAS, under the said plans, 'specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a pe?iod of one (1) year from the date of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair of any detective condition growing out of or arising from the improper construction of the improvements contemplated by said Contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising y reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair reco:istruct or maintain said improvements it is agreed that the .ty may do said work in accordance with said contract and supply such materials and charge the same against the said Contractor and its suret on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each day's failure on the part of said Contractor to comply with the terms and provisions of said contract and this bond. MB-1 NOW, THEREFORE „'If the said Contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of one (1) year, as herein and said contract provided, then these presents shall be null and void and have no further effect; otherwise, to remain in full force and effect. It is further agreed that this obligation shall be continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause Burin; said time. IN WITNESS WHEREOF the said Lowell B. Allison Contractor, Inc. as Contractor and Principal, has caused these presents to be executed by and the said as surety, has caused these presents to a executed by its Attorney-in-fact William B. Chappell and the said Attorney-in-fact has hereunto set his hand this the day of , lg SURETY: PRINCIPAL: WE B. AL NTRACTOR, INC. UNITED STATES FIDELITY AND GUARANTY COMPANY - BY: _ William B. Chappell ATTORNEY-IN-FACT MB-2 SECTION ONE HIGHLAND PARK ROAD Replace 2" Waterline with 6" Watermain Connect to Existing System 2 Ea l~ p~$/Ed ~3~, D 0 6" Watermain 1711 LF ~.gS . 6" Gate Valves 5 Ea 55.40 $/EA 14x8.00 Cast Iron Fittings 705 lbs Fire Hydrants 2 Ea (eb0.0o $/Ea 19100 .Op 3/4" Service Connection 1 Ea (00,00 $/Ea 100_00 C. TOTAL SECTION ONE ALTERNATE: 1" Water•Service Connection 1-1/2 " Water Service Connection 1 a3-~-$ Ea 2" Water Service Cor.,iection 3.0 $/a 3/4" Water Tap r $/Ea 1" dater Tap $/Ea 1-1/2" Water Tap $/Ea 2" Water Tap 0$/Ea 0 SO$/Ed P-3 SECTION TWO RENDOLF STREET Replace 2" Waterline with 6" Watermain Connect to existing system 2 Ea (c8~00$/Ea -33Ie,D0 6" Watermain 860 LF $/LFI09_~~ 6" Gate Valves 4_I AM D$/Ea Cast Iron Fittings 845 Lbs 1,01$/lb $18,30 Fire Hydrants 2 Ea 0(0() /Ea &0 .Op 3/4" Water Service Connection 4 Ea X00-DD$/Ea $0010 0 TOTAL FOR SECTION TWO $ 14 gg b p ALTERNATE 1" Water service Connection A3 • D $/Ea J-1/2" Water Service Connection $/Ea 2" Water Service Connection 3 (toiso $/Ea 3/4" Water Tap a. IS $/Ea 4 1" water Tap 19 040 $/Ea 1-1/2" Water Tap 343,00$/Ea 2" Water Tap 6011 60 $/Ea P-4 i' BID SUMMARY Section ONE I $,q 39 section Tw0_ [ 8 9 In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper. compliance with .the 'terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. e , It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the City. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Co TRACTOR Street Ad Tess Seal & Authorization C C ty and State (If a Corporation) p ~7-- Telephone p-5 1 mod 1 (CERTIFIED COPY) GENERAL POWER OF ATTORNEY No ..........9.9.07 Know all blen br there Presentat That UNIT r.D STATES FIDELITY AND GUARANTY COMPANY, a corporation orgaaired and existing uader the laws of the Sate of Manland, and having its prir•ipal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint 'yilliam B. Chappell of tho City of Fort Worth , State of Texas its true and lawful attorney In And for the Stale of Texas for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowkdga any and a6 bonds, Paid to respectively do and perform. say and all acts and things set forth in the resolution of the Board of Directors of the sold UNITED STATES FIDELITY AND GUARANTY Comr.kNY, a certified copy of ranch is hereto aaaexed and made a part of this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY, through u its Board of Directors, hereby ratifies and confirtna all and wbatsoever the said William B. Chappell may lawfully do in the premises by virtue of these presents. in triineu Whereol, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has tauaed this Instrumeat to be ailed with its corporate seal, daly attested by the signatures of its Vice-Preddent and Assistant Secretary, this 6th day of August A. D. 1936 UNITED STATES FIDELITY AND GUARANTY COMPANY, (Signed) BY .....eA.Hr.,sT00 Vke-Prertdeat. (SEAL) (Signed) E. Buffington Aar4eatu Secrstarr. STATE OF MARYLAND, BALTIMORE CITY, N0 On this 6th day of August , A. D. 1958, before ma personally came L. M, 3mi th , VL*Pmddent of the UNITED STATES FIDELITY AND GUARANTY COMPANY and E. W. Buffington , Assistant Secretary of said Company, with both of whom 1 am personally acgnalawe who bt.~g by me savmeBy daily swot., said that they r dad to the City of Baltimore, Maryhad, that they, the said L. 1 . Smith Pad E. W. Buffington tae. respectively the Via-Presideat Pad the Assistant Secretaq of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the co.+ poatfon described In and which aerated the loreltiad Pawl of Attoraayt that they oath knew the seal of wild corporetioat that the ua1 Affixed to said power of Attorney wu such ooryora s eesl that it was so fixed 61 order of the Board of Directors of sold torpors. tion, and that they signed their seams thereto by Us order a m Vle.~tdeal gad ~+shttant 3eaatarr, ~~d"ly, of the Company. hfr tomsdssba capita the fiat I>r1~17i1ip14~i11Wf%IS~S? .,onday ~°n ay l (SEAL) (Signed) Nan C. Zimmerman Notary Pabdk. STATE OF MARYLAND BALTIMORE CITY, I. H. Luther Pittman , Clerk of the Superior Conn of Baltimore City, which Court is a Cart of Record, and has a seat do hereby ceafr that `Ian C. Zimmerman , Eaqulre, odors whom the annexed at8~;db were tube, dad who has thereto subscribed his acme, was at the Nme of ate dotal a Notary Public of the State of Maryland, Is and for the City of Baltimore, duly tommbdoned and swan Pad tot wemd by kw to admilatater oath4 sad tales ackttowledgwou, or proof of deeds to W worded tberela 1101hu Coady that L an sogsslated with the kndwHdM of 'he sefd Notary, cad vaelfy belie" the dgestttre w be his potdse dlsatttre. In laid. oat VA-sreol, 1 herew set my head sad ails the wl of the Superior Court of Baltimore Qtr, LSO same being e G art of Rawd, th4 6th der of August , A. D. 19-50 (SEAL) (Signed) M.,, Luther„Plttrnan Clark e1 At 5aperler CPU" of Saldr:Pro Ciy. to 3 (r-I1) ^A lid COPY OF RESOLUTION That Whereas, It Is necessary for the effectual traamcrion of business that this Company appoint agents and attorneys with power and authority to act for it and in its came in States other than Maryland, and in The Territorin of the United States and In the Provinces of the Dominion of Canada and In the Colony of Newfoundland. Therefore, be fa Resolred, that this Company do, and it hereby don, authorite and empower its President or either of its Yfce- Presidents in conjunction with its Secretary or one of its AWSUOt Secretaries, under its corporate seal, to appoint any person or persons as attorney or attoreeys in•fact, or agent or agents of said Company, in its name and as its act. to execute and deliver any and all Can- tracts gaara, teeing the fidelity of persons holding positions of public or private trust. suaranteeiag the performances of Contracts other than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted In all actions or proceedings, or by law allowed, and Also, In its name and as Its attorney or attorneys-ia-fact, or agent or agents to execute and guarantee the conditions of any and all bonds, recogoitaaces, obligations, stipuhtiins, undertakings or anything In the nature of either of the some, which are or may by law, municipal or otherwise, or Ly any Statute of the United States or of Lay State of Territory of the United States or of the Provinces of the Dominion of Canada or of the Colony of Newfoundland, or by the rules, regulations, orders, customs, practice or discretion of any board, body, orgaalration, office or officer, loaf, municipal or otherwise, be allowed, required or permitted to be executed, made, taken, given, tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons, corporation, body, office, interest, municipality or other association or organization whatsoever, in any and all capacities whatsoever, conditioned for the doing nr not doing of anything or any conditions which may be provided for in any such bond, rewgnGaace, obligation, stipulation, or undertaking, or anything In the aature of either of the same. t David M . Engler an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing Is a full, tree and correct copy of the officinal power of attorney given by said Company to ',Pillinm D. Chappell of Fort Worths Texas , authorizing and empowering him to sign bonds as therein set forth, which power of attorney has never been revoked and is still in fall fora and effect And I do further Certify that said Power of Attorney was given in pt rsaaace of a resolution adopted at a regular meeting of the Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, an the Ilth day of July, 1910, at which meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct copy of said resolution, sad the whole thereof as recorded to the minutes of said meeting. In Testimony Whereol I ~tAve hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY COMPANI on may 201 1R0 (Date) a Aui t secretary. i ocorc! , Y;MF Ah9 AGHF 55 Fr A.]<Nr.. - ELDREDGE TUCK CT BOOKER COMPANIES AFFORDING COVERAGES P. O. BOX 1158 MFA R N r- - - - HURST, TEXAS 76053 FETTE A Bituminous Casualty Corp TEL, NO. 284-3301 (;,lrrp.%Iv g ER UFF S.' Fir,A - - N MC A'.J ((IMF AN, ■ - V Lowell B. Allison Contractor Inc. LE1tTFR ER 3725 Flory <i,IA Y Fort Worth, Texas 761111 C UM PANY I iCN E _ This Is to CII that policies Of insurance-sled below have been issued to the insured named above And !rein force at thr3t,me Notwithstanding any r uirement, term or condition of any contract or other document with respcct to which this certif,cete rney be issued or may pertain, the insurance afforded cy the policies described .herein is subject to all the terms, exclvsions and conditbns of such porkies. ~OVPANY Hc,1 r.r Limits of to Ill! Tn-Y ousan s LCTIfP TIM OF N~I,P,iE `0111YNU'+HfFr EXPIPA11ON CAlf EACH AGGREGATE OCCURRENCE 66iEkAI LIAWCITY - - - - DIY. / s A ~ GOMPVr,nhso,F FoFrr GL1150289 3-21-81 500 500 X1 rcl A'r,l rrr l.I r, Vlrt list Hrrl A!.nra S 250 If 250 UErvLO'rIN r, I I-,, k] of FIP 1XI I IJ( I^i.. ~ 1% 1L l' L I - Iq !I i , up! 111ahH. N 1 YI F.m . :JI ! III rP11,1, I`erAer,I t t 50 PIP el, F!)I 1 II, IPir Gist 9i'd lI 1XI in.nf rl Nlq Yr r YI I, A. fl,:•. rui I., F I,, II A Irr Jl lilt t AUTOMOBILE LIABILITY Ii .IIi FFRV)N s L_-1 (iMrPnR Nti^,I rn~re EAC INDENT C, ANF E, IFACH A CG DE NIT lu Rlp F'HOPERt Y DAMAGE L I NON nY.NIP 5F YIN1URYAND PROVE RTY DAMAGE a EXCESS LIABILITY r~ Fl IPLYIN.PURYAnn B J lo UMBRELLA FORM 523-0547026 10-22-80 FPQPERrYE,ii s 1/000 s1/000 D OTHER THAN l1A IIA r r!rAB~YiO fP^M WORK EA S' COMPENSATION cIAUrlrn,Y A and WC569379 3-21-81 E 100 000 EMPLOYERS'LIABILITY r or4 Ot". 1PT10N Of OPERATc N;rl Oc ATIONS/YEIIICtrS To replace two inch water line with six inch water main on Highlend Park Road CanceIlation! Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mall days written notice to the below named certificate ho;der, but failure to mall such notice shall Impose no obligation or liability of any kind upon the company. NAME AND ADDRESS Of E E Fill; cAtt 1101 DER City of Denton DATE - ~uTHoRl7 REPRisTNEAiIVE ACORD 211 (1 79) Coro i , , . . awl , • . • I , NAM[ AND ADDRESS OF AGENCY Crowley-Chappell and Company COMPANIES AFFORDING COVERAGES 100 N. University, Suite 219 COMPANY Fort Worth, Texas 76107 LETTER A United States Fidelity and Guarant C ( COMPANY LETTER NAME AND ADDRESS OF INSURED COMPANY Lowell B. Allison Contractor, Inc, LETTER 3725 Flory Street COMPANY D Fort Worth, Texas 76118 LETTER COMPANY LETTER Tbls Is to certify that Dollcies of Insurance fisted below hove been Issued to the Insured named! boys end are In force at W e time. Mithstand ne any ulrsment, farm or sand tlon ^ o}any contrad or other document w0 raped to which thfa tort fcate may be issued or mey perteln, the Insurance afforded by the Dalldq described herein Is subJM to all the terms, exclusions end condipons of Such policies. ' COMPANY f n LETTER TYPEOFINSURANCE POLICY NUMBER POLICY DATE Limits ThOUfan ! AGORCGAII I ' GENERAL LIABILITY OCCIUACII S ❑ COMPRCNENSN[ FORM BODILY INJURY S ❑PREM ISE S-OPE RATIONS PROPERTY DAMAGE S S I[ ❑ EXPLOSION AND COLLAPSE lE HAZARD ❑ UNDERGROUND HAZARD ❑ PPODUCTpCOMPLETED OPERATIONS HAZARD BODILY INJURY AND ❑ CONTRACTUAL INSURANCE PROPERTY DAMAGE S S O BROAD FORM PROPERTY COMBINED DAMAGE l❑ INDEPENDENT CONTRACTORS L.,J PERSONAL INJURY PERSONAL INJURY S AUTOMOBILE LIABILITY BODILY INJURY A Cl COMPREHENSN[ FORM 1CC D 18216 11-1-80 IEACHPERSIJON, s 250 Y FN ❑ OWNED IFaCHI LACC I DE NT) S 500 l+~ti`~~i•~ ❑HIRED PROPERTY DAMAGE [ p ❑ NONOWNED BODILY INJURY AND r PROPERTY DAMAGE I S I N` EXCESS LIABILITY COMBINED T ❑ UMBRELLA FORM BOOBY INJURY AND ❑ OTHER THAN UMBRELLA PROPERTY DAMAGE S S FORM COMBINED WORKERS' COMPENSATION STATUTORY and EMPLOYERS' LIABILITY s J ,[~[MACCa[MII OTHER r DESCRIPTION OF OPERATONSNLOCATIONSNEHCLES General Contracting in the State of 1~exas Cancellation: Should any of the above desj~ed policies be cancelled before the expiration date thereof, the Issuing com- pany will endeavor to mail days written notice to the below named certificate holder, but failure to mail such notice shall Impose no obligation or liability of any kind upon the company. NAME AND AOORpS OFCtRTIFCAT[ HOLDER. ,,Y' DATE ISSUfP~.i-+ 1980 City of Denton Cr ley happell d mpany Denton, Texas AUTHORIZED REPAE ENTAtrit ACORO is (I • H) w\, a~~~ t k CITY OF DENTON Subcontract under Dept. of Energy Contract DE-FG01-80CS24311 Type of Contract: Cost Reimbursable Effective Datesr May 15, 1980 through December 31, 1981 Contractor: North Texas State University Principal Investigator: Dr. Ken Daugherty r Subject: "Urban Waste - A Potential Energy Source for Brick Plants" • Cost: $80,855.00 f Section A - Statement of Work The attached Scope of Work, Schedule A, outlines the tasks to be performed during the conduct of this contract. North Texas State University agrees to complete the tasks outlined within the specified time. Section B - Reports Reports will be submitted by Dr. Ken Daugherty to Mr, Chris Hartung of the City of Denton. Progress reports will be submitted monthly. The first draft of the final project report will be submitted by January 15, 1982. Within thirty (30) days of receipt of comments by DOE, NTSU shall submit no less than twenty-five (25) copies of the final project report.' Section C --Period of Performance The services under this contract will be performed from May 15, '980 through December 31, 1981. Section D - Coot The actual, allowable costa incurred by NTSU will be re- imburead by the City of Denton in an amount not to exceed $80,.55.00. Section E - Payment Monthly, NTSU shall ►lbmit invoices to the City of Penton for reimbursement of actual expenses. 4 i Section F - Records It shall be the responsibility of NTSU to keep and main- tain aaequate records and documentation df actual time devoted to the project and expenses incurred. These records will be subject to audit by appropriate agencies in accordance with OMB circulars A-21 and A-110. Section G - Principal Investigator The Principal Investigator for this contract will be Dr. Ken Daugherty of the NTSU Department of Chemistry. Section H - Amendments Amendments to any portion of this contract may be in- itiated by either North Texas State University or the City of Denton. Such amendments must, however, be in writing and have the written approval of both parties. Any amendments so made must conform to the terns of the DOE contract DE-FG01-80CS24311. Section I - Termination This contract may be terminated by either party upon thirty (30) days written notification and concurrence in writing by both parties. r The Contractor agrees to perform all services set forth in the Schedule Attached hereto for the consideration stated above. The rights and obligations of the parties to this con- tract shall be subjecr to and governed by the provisions of subject Contract DE-FGO1-80CS24311. North Texas State University City Denton r By b1. By Acting President May 20, 1980 G. Chris Hartung Title Title City Manager Date Date June 4, 1980 SCHEDULE A DESCRIPTION OF TECHNICAL APPROACH Tasks 1. Sample raw r.Muse to determine heat values and moisture content. a. Sample weekly - follow ASTM E-38 guidelines with respect to sampling procedures - for 13 months. b. Use Parr Bomb Calorimeter to obtain heat values. Determine Btu/lb. C. Use muffle furnace at 1000C - until constant weight obtained to determine moisture contents. Determine % moisture. 2. Chemical analysis and compound analysis of the major ash components of the refuse in order to detenaire the feasibility of deleterious materials to the integrity of the brick. a. Semple from (1) above on a monthly basis using pooled samples from the weekly analysis in (1) b. Use wet chemical analysis and/or atomic absorption analysis to determine the concentration of 5102, A1203, CaO and Fe203 in the ash from the samples in (1) above. Normal S102 concentration should range from 40-70%; A1203 from 4-16?.; CaO from 6-15%; and Fe20 from 2-13%. C. malyze for the % sulfur, % chloride, and i ash of the refuse by wet chemical analysis. d. Use x-ray powder diffraction to determine the compound analysis of the ash. e. Determine K2D, MSO, P205 and Na20 contents of the refuse ash by atomic absorption and calorimetric analysis. 3. Determine trace metal contents of the samples from (2) above, in particular for metals which can have a deleterious effect on the quality of the brick produces, as well as potential damage to kiln linings. a. Analyze for Sn02, CuD, ZnO and Pbd, using atomic absdrption analysis. b. Analyze for traces of other metals using indirectly coupled argon Flasma or x-ray fluorescence. 4. Determine seasonal variations for (1) through (3) above and the effect on brick quality. 5. Develop standards for municipal solid waste and refuse derived fuel (RDF) and determine the storability characteristics of these fuels. a. Determine the variations as a function of time. b. Determine moisture pickup of RDF as a function of time. C. Determine the physical changes in RDF as a function of time. °c„e of bandling (2) Cohesiveness (3) Packing characteristics (4) Aggregation (5) Shreddability 6. Evaluate corrosion properties of RDF with respect to equipment which will be used to handle RDF and the kiln linings in the brick plant. Obtain samples of kiln linings and evaluate under simulated brick plant condi- tions the effects on these linings of RDF. Sample RDF four times during the year in order to obtain seasonal variations. 7. To conduct pilot plant investigctions of the RDF fuel at the Acme Brick Plant in Denton and utilize the information obtained in steps (1) through (6) above. a. Conduct tunnel kiln tests. b. Conduct rotary kiln tests. C. Evaluate the properties of the brick produced using RDF as a partial substitute for natural gas versus those produced using natural gas as the sole fuel. d. Take kiln samples of the gases produced from natural gas as a fuel, and RDF substituted for the natural gas, in order to determine if there are any environmental problems. The samples will be analyzed for SOx by standard ASTM/EPA techniques. 8. Evaluate and determine all potential suppliers of equip- ment necessary to process and transport he mu y t niciPel solid waste/refuse derived fuel from the City of Denton to the Acme Brick Plant in Denton. This will include the following: a. Refuse collection truck b. Conveyors C. Belt scales d. Feeders e. Hammermill f. Surge bin g. Air density separator h. Fans i. Cyclone Separators J. Storage bins etc, which are necessary to process and transport the material. -2- 9. The following companies are examples of companies that may provide services and major pieces of equipment in latter phases of this project: Hammermill Gruendler Crusher and Pulverizer Co. Conveyors Continental Conveyor Co. Vibrating Conveyors Borg-Warner Corp. Storage Bins Miller-Hoft Corp. Stationary Packer Heil Corp. Transfer Trucks Heil Corp. Pneumatic Transport Rader Pneumatics'Inc. Equipment Air Classification Rader Pneumatics Inc. Equipment These and others will be called upon for advice and possible future equipment purchases. 10. Prepare final report, evaluating all of phi, steps (1) through (9) above. Come to a decision with regard to whether this is "Go" or "No Go" with respect to technically using City of Denton RDF in the Acme Brick Plant in Denton, Texas. If it is a "Go" decision, proceed to Phase II. s Phase II . . . To conduct an economic feasibility study of the results of Phase I - if the technical evaluation is affirmative and follow-up on the studies initiated in Phase I, part 7 and 8. (A possible study under Phase II might be to study the material recovered from the urban waste including dirt, metals, glass, ceramics, ash,. etc. to help determine their suitability for use in particular products and processes.) Phase III . To conduct a full-blown investigation of the use of RDF in the Acme Brick Plant in Denton and applying and supplying the results to brick plants across the country. -3- 1 1 "URBAN WASTE - A POTENTIAL ENERGY SOURCE FOR BRICK PLANTS" REVISED BUDGET May 15, 1980 - December 31, 1981 I. Personnel DOE Applicant Mr. Chris Hartung (Project Manager) 5% of his time + benefits $ 4,500 Dr. Ken Daugherty (Principal Investigator) 120 hours-su=er-1980 $ 2,210 240 hours-summer-1981 41650 720 hours-(1980-1981) 13,720 6,380 (overh.,ad) 3,016 (Fringe Benefits) Research Associates-Graduate Students Supervised by Dr. Ken Daugherty f Mr. Joe Griffin-(1980-1981) 249- hours 12,600 Graduate Students-(1980-1981) 780 hours 3,600 Undergraduate Students-(1980-1981) 360 hours 11500 $24,560 21 6 II. Fringe Benefits Fringe Benefits of 21.989. times (Salary of Principal in- vestigator) - (0.2198 x $60860) 1,508 Fringe Benefits of 14.68% times (Salaries of Research Associates) ■ (0.1468 x $17,700) 2,598 Health Insurance Costs - (18 months) (2 people) ($40/month) 1~4405:549' II, Research Facilities Use of Acme Brick's Research L:bora,ory and personnel at ;130/hour $30,000 IV. Capital Equipment Atomic Absorption Unit and Computer or chemical analysis of samples in Tasks 2b; 2c; 2d; 3a; and 3b Yi0,58? Parr Bomb Calorimeter with associ- ated equipment including oxy- gen bomb, double valve, adia- batic automatic control, with digital thermometer, program- mer and printer 5.500 $26,487 V. Travel Ames, Iowa (one trip)-2 people 542 Dept. of Energy (one trip)-2 people 1,000 Local Travel (1980-1981) 1.000 $,542 f VI, Equipment Leese Lease or rental of shredding equip- ment, air-classifying equipment, conveying equipment to be used in pilot plant phase (Step 7) of the project. If this is not feasible, then purchase of RDF and inter- comparisons of that RDF with RDF from City of Denton Estimated Cost 6,000 VII. Supplies for Department of Chemistry Supplies for Parr Bomb Calorimeter 500 Telephone 300 Office Supplies 200 Chemical Supplies 1,500 Lab ware 13000 Report and Publications Costs 800 $ 4,300 VIII. Overhead Direct Labor Base of 46.5% time (Salary of Principal Inves- tigator plus Research As- y sortptef) a (0.456 x ,24,560) $1:.420 S ur-21"Y DOE Applicant Subtotals $80,855 $570616 Less City's Cash Match ($21,000) $21,000 DOE Grant $59,855 Applicant's match $789616 TOTAL PROJECT $138.471 C~ ~a J ~t CONTRACT FOR 1980 ELECTRIC RATE STUDY Contract made this 20th Day of May, 1980, by and between the City of Denton, Texas, a municipal corporation organized and existing under the Home Rule Amendment to the Constitution of Texas, (hereinafter referred to as Denton) and Management and Research Consultants, Inc., St. Louis, Missouri, a corporation duly authorized to transact business within the State of Texas (hereinafter referred to as Consultant). WITNESSETH: WHEREAS, Denton wishes to employ Consultant for the purpose of conducting a "1980 Electric Rate Study" as contemplated, consisting of: 1. An Electric Rate Study, as reSaired by charter, and to assure that present rates correctly reflect present cost of servicesr and, 2. A review of Denton's compliance with the Federal Public Utility Regulatory Policy Act, and develop a City of Denton, Electric System, PURPA Compliance Manual that will outline present status and future requirements for PURPA compliance. NOW, THEREFORE, the parties hereto do hereby agree as follows: SECTION I Consultant shall perform the services as set forth in Attachment 1 hereto, and as further described in Consultant's proposal as submitted on April 22, 1980. Where conflict of scope of work may exist between Attachment I and Consultant's proposal, Attachment I shall take precendent unless the City of Denton's Rate Study Steering Committee agrees to modification of the scope of the Study. SECTION II In consideration of the services performed by Consultant under this Contract, Denton shall pay Consultant: A. Professional Services Charges for professional services of Consultant's staff who may be assigned to the project will be billed in accordance with Consultant's standard hourly rates for the variors categories of personnel as follows: Project Manager $54/hr Technical Advisor $50/hr Project Consultant $40/hr Time charges will be made for personnel only while they are actually at work on the assignment and for t.svel time during normal working hours. Unless authorized by Denton, the maximum charges for services for the two project segments shall be: 1. Rate Study $33,520 2. PURPA Compliance Manual $ 61560 B. Out of Pocket Expenses In addition to the cost of professional services, certain other expenses consisting of, but not limited to, travel, lodging, and living expenses of Management and Research Consultants, Inc., employees when engaged on a project away from the home office, plu long distance telephone and other incidental. charges will be billed at cost. Printing, reproduction and data processing charges, as required, will be billed in accordance with Consultants' standard rates prevailing at the time such services are rendered. The use of Consultants' automobiles shall be charged at 200 per mile. Rented automobiles will be billed at cost. Unless authorized by Denton, the maximum charges for such expenses for the two protect segments shall be: 1. Rate Study $5,000 2. PURPA Compliance Manual $2,000 SECTION III Invoices shall be rendered monthly for the preceding month's services performed and expenses incurred on Denton's bahalf, and such invoices nha•11. be due inl Payable f±f*_o:,,en days after receipt of the invoice. SECTION IV Consultant will utilize its own personnel in the consideration of all requirad studies and under no circumstances shall Consultant be authorized to enter into any contract with another which would obligate Denton to pay all or part of the amount due under any such contract irrespective of whether recovery might be based upon an express or implied contract (quantum meruit). SECTION V • Denton may terminate this Contract upon thirty days prior written notice to Consultant. In the event of termination, Denton shall pay Consultant for full services rendered and expenses incurred to date of termination and Denton shall receive all completed analysis comparisons, and work done to the date of termination and any work in progress or incomplete reports will be delivered to Denton. d i SECTION VI The City of Denton has established a Steering Committee composed of a City Council member, Public Utilities Hoard member, City Manager, Director of Utilities, Firia.ice Director acid Asst. Director of Utilities. The Consultant shall meet with the Steering Committee on a periodic basis to report, the progress of the study and to solicit direction on policy related issues. The Director of Utilities will s,arve as Project Manager for the Ctty and will be responsible for all technical issues, arranging Steering Committee meetings and .,,her such matters as required of the City. The Utility Department Report Technician shall serve as Denton's Project Information Coordinator and will be responsible for obtaining and compiling information as requested by the Consultant. Such requests for information shall be reasonable and compatible with the information base that exists at the City of Denton. The City will make available to the Consultant all information that may be relevant to the Study that is available within the records of the City. SECTION VII Consultant will complete its' servicee under this Contract and deliver the required reports by September 15, 1980. SECTION VIII In no event shall Consultant be liable In any cause of action for special, indirect or consequential damages of any nature. SECTION IX The provisions of this Ccntract constitute the entire agreement between the parties and supersede all prior communications, representations, and agreements, oral or written, between the parties hereto with respect to the subject of this Contract. IN WITNESS WHEREOF, the parties hereunto set their hands and seals the day and year first above written. MANAGEMENT & RESEARCH CONSULTANTS, INC. ATTEST: ByHY Title Title 114px, ATTESTt CITY OF DENTON, TEXAS By A4514ZJejj~&By ✓i Title e~~-Jcu& Title ~iT at..t~l C~ r. .OOF ~ • y 1 ATTACHNENI• 1 C S COPE OF WORK: ; A. ELECTRIC RATE STUDY: 1. Financial-Analysis: The Consultant shall review the electric utility's historical and future revenue requirements and expenses. The Study shall anticipate costs and revenue requirements and develop rates that will be applicable for the next five (5) years, if feasible. Projected future capital and operating expenditures will be provided by the Utility Staff, but shall be reviewed and analyzed by the Consultant. A 1980 Power Supply Study is presently underway, due to be completed by May, 1980, that will include projections of revenues, expenses and capital requirements that may be used by the Consultant. The rate; shall be designed to provide revenue such that bond rate covenents are met. Bond covenents require that pledged revenues be 1.4 times average debt service requirements. Ho-,:ever, revenues shall also be such that net income is sufficient rto allow an annual discretionary transfer from the Blectric Fund to the General Fund equal. to 6% of system equity. 2. Rate Structure Design: The Consultant shall evul,;ate the cost associated with serving various identifi,_;-)le clas:;e:; of customers. Rates be design^d to recover such associated customer class cost!.; as much as, possible, however, recognizing such rata ma%ing prin,jpals as moderating any significant changes of historical rates. Customer classes shall 5c similar to current rate raking practices of area utilities and the Texas Public Utility Commission, to the extent that such classes are applicable to the City of Uenton's ale-_trical system. Rate structure design shall take into consideration applicable PURPA requirements of ^itla I, Subtitle B, Sec. 111(d)(1-6), and shall generally conform to the following: a) Cost of Service The rate,, charged for providing electrical service to each class of electric customers shall be designed, to the maximum extent practicable, to reflect the costs of providing electrical servicr_ to such --lass. J. b) Declininq Block Rates The energy component of a rate, or the amount attributed to thr. energy component in a rate, charged for providingj electric service diriag any period to ar!y class of consumers mriy not dccrea.^.r_ as kilowatt hour consumption 'by such class increases during such period, except where such cuslu for providing rAoctric service to such class are attributable to such energy component decrease as such consumption increases during such period. C) Time-of-Day Rates The Consultant shall consider an experimental time-of-day rate. Such rate shall br, available on a request basis to 25 customers approved by the Director of Utilities. Such time-of-day rate shall reflect the costs of providing electric service to such class of •Aectric consumers at different times of. the day unless such rates are not cost-effective with respect to such class. d) Seasonal Rates The rates charged for providing electric service to each class of electric consumer shall be on a seasonal basis which reflects the costs of providing service to such class, of consumers al different seasons of the year to the extent that such costs vary seasonally for the Denton electric Utility 5 tam, al interL~Letible Rates lithe Consultant shall consider 6 develop an interruptible rate applicable 'to industrial and commercial electric customers or appropriate size. The interruptible rate shall reflect the cost of providing such service to the class; of con umer receiving such service. • 2 f) Lifeline Rcites: The Consultant shall. consider- a re:;idential rate that will provide cost based lower charge:; for small consumption. customer-- Similar to O<.Lton's Fr-sent A-1 residential rate. This rate shall. be based on cost of service to such class of customer and shill take into consideration the complexity and cost of administration of such rate, g) Customer Produced Energy: The Consultant shall consider a customer-produced energy rate. Such rate shall be available on a request basis to twenty-five (25) customers approved by the Director of Utilities. Such rate shall consider customer awned and operated energy conserving systems, such as wind power, solar conversion, etc., that may provide energy for the customer, plu.; generating excess energy that may be fed into Denton's electric system. h) Energy_Charge Adjustment: The Consulta^t shall %nalyzo the applicability of an energy charge adjustment. This charge shall represent variable fuel and/or purchased power costs. If such a charge is applicable, it shall be designed to conform to generally accepted practices of similar such charges of other area utilities, providing such practices are in compliance with approp-iate regulatory agoncies and PURPA. 3. Hearings for Consideration and Determination: The Consultant shall analyze the appropriateness of conduceing hearings in accordance with PURPA Section ill (a) requirement-,, If such hearings for consideration and determination of establishing specified standards are deemed appropriate, the Public Utility Board will conduct such hearings with the assistance of the Consultant. Such hearings shall be conducted as early in the process of the Study as possible so as to provide the basis; for subsequent rate structure development. The hearings shall be conducted according to regulations and procedures as outlined by PURPA. 3 B. EVALUATION OF_PURPA RCOUIREMENTS: General: The Consultant shall address the City of Denton's PURPA compliance requirements and prepare a PURPA Compliance Manual outlining Denton's present status and future PURPA requirements.' along with recommended appropriate action required and the specific time tables for such actions. Recognizing the present and future requirements of PURPA, this Study shall be conducted in compliance with PURPA regulations to the degree required by law. The Consultant e, hall use appropriate procedures and develop supporting documentation such that all rate study information may be uoed for futur^ PURPA compliance regi i rements. 1. Rate Makinq Standards: The Consultant shall review, evaluate and make appropriate recommendations as to Denton's compliance with PURPA rate making standards of Title i, Subtitle B, Section 111(d)(1-6) composed of: 1. Cost of service. 2. Declining blo.::c rates 3. N me-of-day rates 4. Seasonal rates 5. Interruptible rates 6. Load management techniques:. 2. Consideration and_Determination of Standards The Consultant shall review, evaluate and make appropriate recommendations as to Denton's compliance with PURPA's request to consider and determine such standards as described in Section Ill of PURPA regulations. If necessary, the City of Denton Public Utility Board will plan to hold public hearings and take testimony relating to the above-referenced standards (see Section ll,A.3 above). Public hearings will be held at the conclusion of the rate study prior to final adoption of thr, rates. 4 3. Adoption of Certain Standards The consultant Shall review, evaluate and ' make appropriate recommendations as to Denton's compliance with PURPA standards of Title I, Subtitle B, Section 113(b)(1 through 5). 1. Master Metering 2. Automatic Adjustment Clause 3. Information to Customers 4. Procedures for Termination of Electric Service 5. Advertising 4. Lifeline Rates The Consultant shall review, evaluate and make appropriate recoxs.icndation-, as to Denton's compliance with PURPA's provision for lifeline rates as detailed in Title I, Subtitle B, Section 114. REPORT: A. Tine Frame: Preliminary review and development of revenue and e;+pense projections shall be completed by July 15, 1980. Final reports shall be delivered by September 15, 1980. R. Presentation of_Repi t: The Consultant shall provide tho City of Denton with one hundred (100) copies of the- final Electric Rate Study Report and one hundred (100) copies of the PURPA ,ampliance Manual. After delivery of the final report, the Consultant shall present the report to a joint public meeting of the City Council. and the Public Utility Board. C. Steerinn Committee: A steering committee consisting of Ed Coomes, Public Utilities Board, Chris ilartung, City Manager, R. E. V elson, Director of Utilities, '~E' . B. Tullon, Asst. Director of Utilities and Bill McNary, Director of Finance has been established. The purpose of the committee will be to meet periodically with the Consultant to review the progress; of the Study and to provide input as desired by the Consultant. 5 _ k .n ~ ~ ~ G 7'b ~ No. AN ORnINANCE AMENDING SECTION 1704 OF THE 1976 UNIFORM BUILDING CODE ADOPTED BY SECTION 5-14 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY AMENDING SECTION 1704 TO PROVIDE THAT ALL ROOF COVERINGS SHALL BE FIRE-RETARDANT; PROHIBITING WOOD SHINGLES AND SHAKES; PROVIDING FOR EXCEPTIONS FOR REPAIRS AND ADDITIONS; AND PROVIDING FOR AN EFFECTIVE DATE OF JUNE 11 1980. THE CITY COUNCIL OF THE CITY OF DENTON, HEREBY ORDAINS: SECTION I. Paragraph (B) of Section 5-14, Deletions and Amendments, of the Code of Ordinances of the City of Denton, Texas as amended is hereby amended so that Paragraph (B) of Section 5-14 shall here- after read as follows: (B) Section 1704 of the Uniform Building Code, 1976 Edition, is deleted and amended to read as follows: Sec. 1704. Roof covering shall be fire-retardant. Fire ketardant treated wood shingles and shakes aid untreated wood shingles and shakes shall be prohibited. EXCEPTION: The roof covering on existing dwellings and structures with wood shingles and shakes may be repaired with fire-retardant wood shingles and/or shakes. The roof covering on additions made to existing dwellings and structures with existing wood shingles and/or shakes may be of fire-retardant shingles or shakes. Skylights shall be constructed as required in Chapter 34. Penthouses shall be constructed as required in Chapter 36. For use of plastics in roofs see Chapter 52. For Attics: Access and Area, see Section 3205. For Roof Drainage, see Section 3207. SECTION 11. That this ordinance shall become effective from and after the 1st day of June, A. D. 1980. PASSED AND APPROVED this the 9Dgj.,day of , 1980. CI -MAV T OF DE TON, TEXIAS ATTES CITY OF DENTONO TEXAS APPROV61) AS TO LEGAL FORM C. J. TAYLOR JR. CITY ATTORNSY CITY OP 06NHN, TEXAS BY., f d, dp .r , W C~, A i ` ~ OO 1 Tom, 4 a sr NO. o - &fX AN ORDINANCE AMENDING THE DENTON CODE OF ORDINANCES BY CREATING A NEW ARTICLE V OF CHAPTER 18 TO BE ENTITLED "TRAFFIC AND PARK- ING CONTROLLERS"; ESTABLISHING THE POSITION OF TRAFFIC AND PARK- ING CONTROLLER; PROVIDING FOR THEIR AUTHORITY TO ISSUR PARKING CITATIONS, DUTIES AND RESPONSIBILITIES, AND GOVERNMENTAL FUNCTION AND STATUS; PROVIDING FOR A PENALTY, SEVERABILITY CLAUSE, AND DE- CLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: PART That the Denton Code of Ordinances, as amended , is hereby amended to create a new Article V of Chaptar 18 to be entitled "Traffic and Parking Controllers" which shall read as follows: SECTION 18-34. Creation There is hereby established in the Police Department of the City of Denton, Texas the position of traffic and parking con- troller to be under the control of a police officer as directed by the Chief of yolice. SECTION 18-35. Authority, Duties and Responsibilities (a) Persons employed by the police department: as traffic an] parking controllers are authorized to issue municipal court citations for any parking violations within the city in the same manner as regular officers of the police department. (b) It shall be the duty of traffic and parking controllers to direct and guide motor vehicles and pedestrian traffic in the city as directed by the Chief of Police, and to escort funeral 4 processions as nkeded. (e) Traffic and parking controllers are hereby authorized to direct traffic by voice, hand, or signal In conformance with traffic laws1 provided, that in the event of a fire or other emergency, to expedite traffic or to protect pedestrians, traffic and parking controllers may direct traffic as conditions require notwithstanding the provisions of the traffic laws. SECTION 18-36. Governmental Function, Employee Status (a) Traffic and parking controllers, while in the performance of their duties, shall be deemed to be engaged in the performance of a governmental function. (b) Tra 'fic and parking controllers shall not be considered regular members of the police department within the meaninq of state laws governing regular police personnel. Controllers, however, shall be deemed to be regular employees of the City of Denton and subject to the same rules, regulations and policies thereof. SECTION 18-37. Power of Arret-t, Firearms Traffic and parking controllers shall have no power of arrest beyond that of a citizen. Controllersa shall not bear firearms. SECTION 18-38. Obedience to Controller Required (a) It is a class C misdemeanor offense for any person to intentionally fail or refuse to comply with the lawful order or direction of a traffic and narking controller. (b) A person convicted of it misdemeanor for a violation of a provision of this chapter shall be punished by a fine not to exceed $200. PART 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 enaete3 such remaining portions despite any such invalidity. PART M. That this ordinance shall become effective fourteen (14) days from t`•,a date of it3 passage, and the City Secretary Is hereby 9lreeted 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 APPRahED, this the &t~day of , 1980. > 2 C ARD 00.- TEW , 0 IT OF DE TON, TEXAS ;ATTES ~ OOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C.J. TAYLOR, Jl%. CITY ATTORNEY CITY OF DENTON, TEXAS BY : I 0 3 ` i'? y ~ { -b `9~ . y} ~ ~ 0 a, ' , i ~ ~ ~ f r i ~ i } 1 ~ ~ r I . ~ ~ ~ /1 i ~ i ~ _ ~ ; i 1 ~ ~`p 3 M ~ t ~ h i M ~ /tl. _ NO./ AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CiTY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO APPROXIMATELY 26.4 ACREQ OF LAND AS SHOWN TiiiS DATE ON THE OFFfCIAL TAX MAP OF THE CITY OF DF,NTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That the Z,.)ning Map of the City of Denton, Texas, adopted the 14th day .)f 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 provision., of Ordinance No. 69-1, adopted the 14th day of January, 1969, as amended, shall hereafter apply to said property as Commercial "C" District in the same manner as other property located in the Commercial "C" District and more particularly described as follows: All that certain lot, tract or parcel )f land lying and being situated in the City and County of Denton, State of Texas, and being part of the M.E.P. f P.R.R. Company Survey, Abstract No. 927, and being part of a tract of land as conveyed from Clinton W. Tuaddell to John L. Dawson 6 Herbert G. Driggs by Deed dated June 18, 19690 and recorded in Volume 586, Page 619 of the Deed Records of Denton County, Texas, and more particularly described as follows: COMMENCING at the northwest corner of said tract, said point of beginning lying in the north boundary lint of said M.E.P. $ P.R.R. Company Survey, same being the centerline of Audra Lane, and being 1030.97 feet north 890 53' 11" west of the intersection of the centerline of Audra Lane and the west right of way line of State Highway Loop 288; THENCE south 890 53' I1" east along the north boundary line of said tract same being the centerline of Audra Lane, and also being the north boundary line of said M.E.P. 6 P.R.R. Company Survey, a distance of 279.01 feet to the place of beginning; THENCE south 890 S3' 11" east along the north bounary line of said tract same being th centerline of Audra Lane a distance of 751.96 feet to a point for a corner, same being the inter- section tf the centerline of Audra Lane and the west right of way line of State Highway Loop 288, and also being the northeast corner of said tract; THENCE south 00 33' 40" west along the east boundary line of said tract same being the west right of way line of Loop 288, a distance of 1.63 feet to the beginning of a curve to the right; THENCE southerly along a curve to the right, same being the east boundary line of said tract and Rlso being the west right of way line of said State Highway Loop 288 said curve having a central angle of 30 14' and a radius of S669.58 feet a distance of 319.95 feet to a point; THENCE south 30 47' 40" west along the west right of way line of sold State Highway Loop 288 and also being the boundary line of said tract a distance of 412.81 feet to a point for a corner; t! THENCE north 890 131 west a distance of 719.5 feet to a point for a corner; 0 THENCE north 00 33' east a distance of 724,9 feet to the place of beginning and containing 12,348 acres of land, more or less. 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, 19690 as amended, shall hereafter apply to said property as Office "C" District in the same manner as other property located in the Office 110" District and more particularly described as follows: All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the M.E.P. 6 P,R.R, Company Survey, Abstract No, 927, and being part of a tract of land as conveyed from Clinton W. Tuaddell, et ux to John L, Dawson $ Herbert G. Driggs by Deed dated June 18, 1969, and recorded in Volume 586, Page 619 of the Deed Records of Denton County, Texas, and more particularly described as foliows: COMMENCING at the northwest corner of said tract, said point of beginning lying in the north boundary line of said M. E. P. 8 P.R.R, Company Survey, same being the centerline of Audra Lane, and being 1030.97 feet north 890 53' 1111 west of the intersection of the centerline of Audra Lane and the west right of way line of State Highway Loop 288; THENCE south 890 S3' 11" east along the north boundary line of said tract same being the centerline of Audra Lane, and also being the north boundary line of said M.E.P. & P.R.R. Company Survey, a distance of 279.01 feet to a point for a corner; THENCE south 00 33' west a distance of 724.94 feet to the place of beginning; THENCE south 00 33' west a distance of 180.01 feet to a point for a corner; THENCE south 890 13' east a distance of 578,89 feet to a point for a corner; THENCE north 00 33' east a distance of 3.23 feet to a point for a corner; THENCE south 890 13' east a distance of 130,6 feet to a point for a corner, same being the most northerly southeast corner of said tract; THENCE north 30 47' 40" east along the east boundary line of said tract same being the west right of way line of said State Highway Loop 288 a distance of 177.01 feet to a point for a corner; THENCE north 890 13, west a distance of 719.5 feet to the place of beginning, and containing 2,942 acres of land, more or less. All the hereinafter described propperty 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, 1960, arj amended, shall hereafter appply to said property as Planneel Development "PD" District in the sano Manner as other property located in the Planned Developmont PD District and more particularly described as follows: Z•1446-CHARLES GLASGOW-PAGE 2 i All that certain .lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the M.E.P. 6 P.R.R. Company Survey, Abstract No. 927, and being part of a tract of land as conveyed from Clinton W. Tuaddell to John L. Dawson 6 Herbert G. Driggs by Deed dated Juno 18, 1969, and recorded in Volume 586, Page 619 of the Deed Records of Denton County, Texas, and more particularly described as follows: BEGINNING at the northwest corner of said tract, said point of beginning lying in the north boundary line of said M.F.P. F, P.R.R. Company Survey, same being the centerline of Audra Lane, and being 1030.97 feet north 890 53' 11" west of the intersection of the centerline of Audra Lane and the west right of way line of State Highway loop 288; THENCE south 890 53' 11" east along the north boundary line of said tract same being the ~:interline of Audra Lane, and also being the north boundary lire; of said M.E.P. 6 P.R.R. Company Survey, a distance of 279.01 feet to r point for a corner; THENCE south 00 33' west a distance of 904.90 feet to a point for a corner; THENCE south 890 13' east a distance of 220.55 feet to a point for a corner same being an inner ell corner of said tract; THENCE south 00 43' 51" west along the most southerly east boundary line of said tract a distance of 470,85 feet to a point for a corner same being the most southerly southeast corner of said tract; THENCE north 890 13, west along the south boundary of said tract a distance of 498.06 feet to a point for a corner, same being the southeast corner of said tract; THE M3 north 00 33' east along the west boundary line of said tract a distance of 1372.S feet to the place of beginning, and containing 11.177 acres of land, more or less. The above described property shell be, zoned Planned Deve- lopment "PD" for multi-family use with the following conditions: 1. The density of the development shall be limited to 25 units per acre. 2. A 6 foot solid fence shall be constructed along the western boundary. . 3. The maximum height if the apartment buildings shall be two-stories. 4. Site plan approval by the Planning Commission and City Council is required before development may commence. SECTION II. That the City Council of the City of Denton, Texas here')y finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the e_+ty of Denton, Texas, and with reasonable consideration among other things for the character of the district and io_r 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 bonefit to the City oDenton, Texas, and its citizens. ,r 2-1446-CHARLES GLASGOW-PAGE 3 SECTION III, That this ordinance shall be in full force and effect immediately after its passa a and approval, the requires public hearings having heretofore teen held by the Planning and Toning Commission and tha City Caunc;l of the City of Denton, Texas, after giving due notice thereof. PASSED AND APPROVED this the ;p* day of , A. D. 1990. CI7H OF DfNTON, TE?IAS A: HOOKS - HOIT CTfY-i~ECR FTARY ~ CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORK C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: 1..~ - - 1 Z-1446-CHARLES GLASGOW-PAGE 4 . . , ~ob ~ ~ ~ . ~ a ~ ~ w , 5~~, F' , i , .i . r i i y .V ~J ~ r~ ,r~ !Y ~ , 1 r . l ♦ i fa....~ NO. ~o - • AN ORDINANCE AMENDING CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON BY ADDING A NEW SECTION 25-11 ENTITLED AVERAGE BILLINGS FOR ELECTRICAL, WATER, SEWER, SANITATION, fiND SERVICES; AND PROVIDING FOR THE METHOD OF COMPUTING AVERAGE BILLINGS AND REGULATION THEREFOR. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. Chapter 25 of the Code of Ordinances of the City of Denton is amended by adding a new Section 25.11 reading as follows: SECTION 25-11. AVERAGE BILLINGS FOR ELECTRICAL, WATER, SEWER, AND SANITATION, SERVICES. Any residential utility customer of the City may have billings for electrical, water, sewer, and sanitation services billed based upon an average bill for the previous twelve (12) months of service with the City by complying with the following provisions. (a) Customer must make a written application to the City on a form furnished by the City requesting average billing and agree to be bound by the provisions of this section. (b) Upon receipt of such application, the City will compute the bill of customer each month based on the following: "Customers average billings for electrical, water, sewer, and sanitation service for the previou.i twelve (12) months plus ten (101) percent of the balance due which is the total charges to date less the amounts paid and billed to date. Customer shall be billed this average billing for the first eleven (11) billings of each v;ar. On the twelfth (12th) billing, the City will either credit customer for the amount billed in excess of the actual twelve (12) months consumption or bill customer for the amount of actual consumption in excess of the average billing provided for herein. Customer shall have until the next billinb date to pay any additional billings, (c) The City may deny any request for average billing based upon the absence of a credit rating for customer, custom,)rs credit history with the City, cr any other financial reasons. Upon the acceptance and approval of a request for average billings by a customer, it shall constitute an agreement by customer to comply with the terms of this section and the average billing policies of the City. (d) Any customer will be automatically discontinued from the program if they do not pay their average bill in full by the next billing date and customer will be billed on the next monthly bill for all amounts due the City for electrical, water, sewer, and sanitation service to date of billing. Should a customer be removed from the average billing program for failure to pay the bill on time, such customer may not requalify for such program until after the expiration of three (3) months. After a second removal from the program, a customer may not requalify for such program until after the expiration of one year. PASSED AND APPROVED this the AD day of , 1980. CIT OF DENTON, TEXAS ATTEST@ 8 HOLT, CITY SECRETARY ZOO CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C~ J. TAYLOR JR., CITY ATTORNEY CITY OF DENTbN, TEXAS At ZI SY. r 0. r f '1• { r ~ 1. J , i w R E S O L U T I O N WHEREAS, the City of Denton finds it necessary to purchase a certain tract of land located in the City of Denton, Texas, and more fully described below; and WHEREAS, the City Council of the City of Denton is of the opinion that the best interest and welfare of the public will be served by the purchase of the parcel of real estate described below; and YM EREAS, the City of Denton and owner of said parcel, Donald Wiggins and wife, Juanell Wiggins, agree that a consideration of $13,498.00, is a fair snd agreed value of such described property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DFNTON, 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: Being 7,505 square feet of land, more or less, situated in th't William Lloyd Survey, Abstract No. 774, out of a tract of land conveyed by deed dated May 2, 1974, recorded in Volume 706, Page 168 and a tract of land conveyed by deed dated January 23, 1973, recorded in Volume 66S, Page 540, Deed Records of Denton County, Texas to Donald Wiggins, et ux; said 7,505 square feet of land being more particularly described by metes and bounds j as follow;: COMMENCING at an iron rod in the south line of a 26.186 acre tract of land as conveyed to Green Giant Company, a Minnesota Corporatiin, by deed dated December 30, 1969 as re~--orded in Volume 596, Page 197, Deed Records of Denton County Texas; said iron rod also being the northeast corner of a 0.296 of an acre tract of land conveyed to Hugh D. Brockett, et ux, by deed dated June 1, 1977 and recorded in Volume 838, Page 53, Deed Records of said county; THENCE south 020 10' 37" west along the east line of said Brockett tract a distance of 118.21 feet to a point for a corner in the north right of way line of Twilight Road (a public street); THENCE north 890 SO' 49" west along the north right of way line of Twilight Road and the south line of said Brockett tract a distance of 86.17 feet to a point for a corner in the east line of the remnant of a 10 acre tract conveyed to Bill Lynch, et ux, by deod recorded in Volume 665, Page 541, Deed Records of the aforesaid county; r THENCE south 000 22' 36" west :long the right of way line of aforesaid Twilight Road and the oast line of the aforesaid Lynch remnant tract a distance of 44.16 feet to the point of beginning; said point buing south 000 22' 02" west a distance of 1'3.3 feet and south 890 51' 00" east a distance of 120 feet from the northwest corner of the abovementioned 10 acre tract, being the northwest corner of the William Lloyd Survey; THENCE south 890 50' 49" east along the south line of said Twilight Road a distance of 67.38 Zeet to a p,)int for a corner; THENCE south 000 47' 48" west along the y~roposed east right of way of State Loop 288 a distance of 11U,:11 feet to a point for a corner in the common line of the suiv Wiggins tract and said Lynch remnant tr^.:t; THENCE north 890 51, 00" west along the south line of said Wiggins tract being the common line of the aforesaid Lynch remnant tract a distance of 69.05 feet to the southwest corner of the said Wiggins tract; THENCE north Ole 40' 00" east continuing along the aforesaid common line a distance of 110.05 feet to the point of beginning. 2. The City of Denton is hereby further authorized to pay Donald Wiggins and wife, Juanell Wiggins as owner of said described property, consideration in the amount of $13,498.00, purchase price, plus necessary and reasonable recording fees. 3• This Resolution shall take effect immediately from and after its passage and approval in accordance with the provisions of the Denton City Charter, PASSED AND APPROVED this the a0tk, day of 1980. D 0. JTEWARr, MAYOR AO F DENTON, TEXAS ATT 3 . T CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON$ TEXAS BY: t ~ 9s ; P, r r r 'from R E S O L U T I O N WHEREAS, the City of Denton finds it necessary to purchase a certain tract of land located in the City of Denton, Texas, and more fully described below; and WHEREAS, the City Council of the City of Denton is of the opinion that the best interest and welfare of the public will be served by the purchase of the parcel of real estate described below; and WHEREAS, the City of Denton and owner of said parcel, Junction 288 Partners, a Texas Limited Partnership, Tevis Taylor, Trustee, agree that a consideration of $268,000.00 is a fair and agreed value of such described property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 1Tj2 CITY OF DENTON, TEXAS, TilAT: 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: Being 191,125 square feet of land more or less, of which 937 square feet is in a Public Road ?Audra Lane) situated in the William Lloyd Survey, Abstract No. 774, out of 64.073 acre tract conveyed to Junction 288 Partners, a Limited Partnership, by deed dated May 30, 1972 and recorded in Volume 647, Page 152, Deed Records of Denton County, Texas; Said 191,125 square feet of land being more particularly described by metes and bounds as follows: BEGINNING at the point of intersection of the proposed east right of way line of Loop 288 and the existing south right of way line of U. S. Highway 380, said point being south 800 53' 01" west a distance of 292.88 feet from a point that is south a distance of 100 feet from the centerline of U. S. Highway 380; THENCE south 370 39, 60" west along the said proposed right of way line for a distance of 125.00 feet to a point; TtirmXCE south 070 52' 01" west for a distance of 1299.88 feet to a point; THENCE south 000 47' 48" west for a distance of 325.69 feet to a poii:t on a curve of radius 5829.58 feet bearing south 890 11' 541, west to the radius point; THENCE along said curve to the right a distance of IS9.81 feet to a point of bearing south 890 13' S1" east to the radius point, said point also being in centerline of Audra Lane; THENCE north 890 4.11 42" west along the said centerline for a distance of 40.01 ft-et to a point In the existing east right of way line of Loop 288 said point also being in a curve of radius S789.58 feet ~earing south 890 13' 11" east to the radius point; THENCE with the sa;d existing right of way line along said curve to the left b distance of 160.18 feet to a point of bearing south 890 ill 4211 west to the radius point; THENCE north 000 47' 48" east for a distance of 1629.95 feet to a point; THENCE north 440 16' 42', east for a distance of 75.93 feet to the point of intersection of the scid existing right of way line of Loop 288 with the said existing right of way line of U. S. Highway 380; THENCE north 840 16' 59" east for a distance of 153.98 feet to a point; r THBU north 800 05' W east for a distance of 71.00 feet to the place of beginning, 2. The City of Denton is hereby further authorized to pay Junction 288 Partners, a Texas Limited Partnership, Tevis Taylor, Trustee as owner of said described property, consideration in the amount of $268,000.00 purchase price, plus necessary and reasonable recording fees, 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 DUA, day of 1980. fl"TARD O.-jSTEWAWT,. I OF DENTON, TMAS ATTES El Y CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: C 1 . r e e Qu °19 a R E S O L U T I O N WHEREAS, the City of Denton finds it necessary to purchase a certain tract of land located in the City of Denton, Texas, and more fully described below';,ind 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, tho City of Denton and owner of said parcel, Hugh D. Brackett and wife, Fredda Sue Brackett, agree that a consideration of $58,498.00, is a fair and agreed value of such described property; NOW, THEREFORE, BE IT RESOLVFD BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAI': 1. The City Attorney is hereby authorized to prepare whatever legal documents ire necessary to complete the transfer of property so described below from the owner thereof to the City of Denton: Being 11,839 square feet of land, more or less, situated In the William Lloyd Survey, Abstract No, 774, and being all the land conveyed to Hugh Brackett and wife, Frodda Sue Brackett, by deed dated June 1, 1977 and recorded in Volume 838, Page 53, Deed Records of said county; said 11,839 square feet of land being more particularly described by motes and bounds as follows: BEGINNING at an iron rod in the south line of 26.186 acre tract of land conveyed to Green Giant Company, a Minnesota Corpora- tion, by deed dated December 30, 1969 as recorded In Volume 596, Page 197, Deed Records of Denton County, Texas: said iron rod being the northeast corner of the aforesaid Brackett tract; THENCE south 020 10' 37" west along the cast line of said Brackett tract a distance of 118.21 feet to a point for a corner in the north right of way line of Twilight Road (a public street); THENCE north 890 SO' 49" west along the north right of way of Twilight Road a distance of 86.17 feet to the end of Twilight Road and continuing an additinnal 13.83 feet (100.0 feet in all) to a point for a corner; THENCE north 020 10' 00" cast along the remnant of a tract of land conveyed to Bill Lynch, et ux, by deed dated November 2S, 19750 recorded in Volume 766, Paggo 111, and by deed dated September 20, 1954, recorded in Nlume 399, Page 6S, Deed Records of Denton County, Texas, a distance of 118.68 feet to a point for a carrier in the south line of the aforesaid Green Giant Company tract; THENCE south 890 34' 30" east along the south line of said Green Giant Company tract a distance of 1n0 feet to the point of beginning. 2. The City of Denton is hereby further authorized to pay Hugh D. Brackett and wife, Frodda Sue Brackett as owner of said described property, consideration in the amount of $58,498.00 purchase price, plus necessary and reasonable recording ices. 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 90tlu day of 1980. - -~04 C[" Y OF DENTON, TEXAS ATTEST: w e4 TCRE 1'M CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY r CITY OF DENTON, TEXAS BY: ft^16, -2- - • J i I J. ' i , ~G~s S r f ~ 1 +i ..t ~ l fir. i~~1 r, _ t1 . t ~ - , w. ~,r ~ ` ~ w ~iL~. ~ ' r t ~ i QUITCLAIM DEED THE STATE OF TEXAS ) COUNTY OF DENTON That the City of Denton, Texas, a Municipal Corporation of the County of Denton, and State of Texas, for and in conside- ration of the sum of Ten and No/100 ($10.00) Dollars to it in hand paid by liarve} Ann Thompson of the County of Denton and State of Texas, the receipt of which is hereby acknowledged, do, by these presents, bargain, sell, release, and forever quitclaim unto the said Harvey Ann Thompson, her heirs and assigns, all its right, title and interest in and to that certain tract or parcel of land lying and being situated in the County of Denton and State of Texao$ described as follows: All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the W. Pogue Survey, Abstract No. 1012, and being part of Lot No. 1 of the Thompson Addition an addition to the City and County of Denton, and also being part of a tract of land as conveyed from S. A. Thompson to Harvey Ann Thompson by deed recorded in Volume 397, Page 400 of the Deed Records of Denton County, Texas, and more particularly described as follows: BEGINNING at the southeast corner of said Lot No. 1, said point of beginning lying in the west right of way line of Old North Road; THENCE north 880 17' west along the south boundary line of said Lot No. I a distance of 115.0 feet to a point for a corner; THENCE north 660 16' 30" west a distance of 201.0 feet to a point for a corner in the west boundary line of said Lot No. 1; THENCE north 230 43' 30" east along the west boundary line of said Lot No. It a distance of 16.0 feet to a point for a corner; THENCE south 660 16' 30" east a distance of 90.0 feet to a point for a corner; THENCE north 10 43' east a distance of 15.0 feet to a point for a corner; THENCE south 880 17' east a distance of 16.0 feet to a point for a corner; THENCE south 10 43' west a distance of 21.47 feet to a point for a corner; THENCE south 660 16' 30" east a distance ~ef 95.0 feet to a point for a corner; THENCE south 880 17' east 16.0 feet north of and parallel to the south boundary line of said Lot 1 a distance of 105.0 feet to a point for a corner in the cast boundary line of said Lot It same being the west right of way line of old North Road; THENCE south 10 30' west along the east boundary line of said Lot 1 same being the west right of way line of Old North Road a distance of 16.0 feet to the place of beginning and containing 5,297.13 square feet of land, more or less. TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said Harvey Ann Thompson, her heirs and assigns, forever, so that neither the said City of Denton, Texas, or its successors or assigns, or any person or persons claiming under it shall, at any time hereafter, have, claim or demand any right or title to the aioresaid premises or appurtenances, or any part thereof.. WITNESS our hand at Denton, Texas, this the A0 4.k/ day of 1980. r vj/ - C! RD 0. TE AR , MAYOR LVIT OF DENTON, TEXAS ATTEST: 8 S HOLT, CITY SECRETARY CITY OF DENTON, TEXAS THE STATE OF TEXAS ) COUNTY OF DENTON } BEFORE ME, the undersigned authority, in and for said County. Texas, on this clay personally appeared Richard 0. Stewart, Mayor of the City of Denton, Texas, known to me to he the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City Council of the City of Denton, Texas, a Municipa& Corporation, and that he executed the same as the act of said Municipal Corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This the olokILday of 1980. -o NOTARY BUBL C My Commission expires: p-3c . ~d \Y _ ~ ~,5 ° 4 1 R E S O L U T I O N WHEREAS, it is necessary to submit and sign an application to the Office of Personnel Management for Grant-in-Aid assistance as provided for by the Intergovernmental Personnel Act of 197u; and WHEREAS, the Office of Personnel Management is the Federal agency responsible for administering federal funds from the Intergovernmental Personnel Act of 1970; and WHEREAS, the City of Denton officials have determined that such assistance will be of benefit in strengthening the City's personnel system and functions; and WHEREAS, the Office of Personnel Management's guidelines pursuant to the administration of Intergovernmental Personnel Act program] require a resolution authorizing the filing of such an application; NOW, ^.'HEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DINTON, TEXAS: SECTION I. That she City Council of the City of Denton hereby authorizes the City Manager to sign and submit said application to the Texas Department of Community Affairs, SECTION 11. The City Manager is authorized to handle all fiscal and administrative matters related to the application. PASSED AND APPROVED this the.OkLjj,, day of , 1980. r "Lit 1 CIT OF D TON, TEXAS ATTES . , fiW CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J, TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS AAJ BY: ,L I t a4 1 s a } IR ~ r. i , R E S O L U T I O N WHEREAS, the City Council of the City of Denton, Texas, contemplates the execution of a contract with the Texas Department of Community Affairs for an approximate maximum amount of TDCA liability of Ninety-Seven Thousand Eight Hundred Fifteen and N01100 ($97,815.00) Dollars and for the provision of land and engineering layout, oversee work crew supervisor, storage for work equipment during the approximate period of October 1, 1950 to September 30, 1981; and WHEREAS, it has been duly determined that the City of Denton has the legal authority to render the afore-described contractual performance, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That the City Council of the City of Denton does hereby approve and authorize the City's execution of the afore-described contract and does hereby authorize, , the _ Cc* to sign and execute the afore-described contract on behalf of the City of Denton so as to legally obligate the bind the City of Denton to all the perfor- mances, obligations, terms, and provisions set forth therein. PASSED AND APPROVED this the j1Qkj,,,day of aA. , A. D. 1980. C ~ CIT OF D NTON, TEXAS ATT ES Tye KirAMS HOLTO CITY SECRETARY J ITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: ~ e 9, , N ~ ,r,". - ~ q}' ~ r ~ r y~. ~ ' nra j. t Y 1 ~ ~r ,r 1• ~ NO1 10-41 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR ABANDONING THE BELOW DESCRIBED UTILITY EASEMENT; PROVIDING FOR THE REVERSION OF THE FEE TO SAID LAND; AUTHORIZING NECESSARY LEGAL DOCUMENTS TO BE PREPARED AND SIGNED; AND PROVIDING AN EFFECTIVE uAfE. WHEREAS, the City Council of the City of Denton, Texas, acting pursuant to lax, and upon the request and petition of the Grantee herein, deems it advisable to abandon and convey the hereinafter described utility easement to Grantee and is of the opinion that the original utility casement hereinafter described is not needed for public use; and WHEREAS, the City Council of the City of Denton is of the opinion that the best interest and welfare of the public will be served by abandoning and conveying the same back to Grantee; NOW, THEREFORE, THE. COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That the hereinafter described public utility easement be and the same is, hereby estinguished, vacated and permanently abandoned as an casement for .public utilities insofar as the right, title and easement of the public are concerned: All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas and being part of the M, Poguo Survey, Abstract No. 1012, and being part of Lot No. 1 of the Thompson Addition an addition to the City and County of Denton, and also being part of a tract of land as conveyed from S. A. Thompson to Harvey Ann Thompson by deed recorded in Volume 397, Pago 400 of the Deed' Records of Denton County, Texas, and more particularly described as follows: BEGINNING at the southeast corner of said Lot No. 1, said pmint of beginning lying in the west right of way line of Old North Road; THENCE north 880 17' west along the south boundary line of said Lot No. 1 a distance of 11S.0 foot to a point for a corner; THENCE north 660 16' 30" west a distance of 201.0 feet to a point for a corner in the west boundary line of said Lot No. 1; THENCE north 230 43' 30" oast along the west boundary lino of said Lot No. 1, a distance of 16,0 feet to a point for a corner; THENCE south 660 16' 30" east a distance of 90.0 feet to a point for a corner; r. THENCE north 10 43' east a distance of 15.0 feet to a point for a corner; THENCE south 880 17' east a distance of 16.0 feet to a point for a corner; THENCE south 10 43' west a distance of 21.47 feet to a point for a corner; THENCE south 660 16' 30" east a distance of 95.0 feet to a point for a corner; THENCE south 880 17' east 16.0 feet north of and parallel to the south boundary line of said Lot 1 a distance of 105.0 feet to a point for a corner in the east boundary line of said Lot 1, same being the west right of way line of Old North Road; THENCE south 10 30, west along the east boundary line of said Lot 1 same being the west right of way line of Old North Road a distance of 16.0 feet to the place of beginning and containing 5,297.13 square feet of land, more or less. SECTION 11. That the abandonment and conveyance provided for herein shall extend to the right, title, casement and interest of the City of Denton, and shall be construed to extend only to that interest the governing body of the City of Denton may legally and lawfully abandon and vacate. SECTION 111. That this abandonment and conveyance is made subject to all present zoning and deed restrictions, if the latter exist, the dedication of now easemonts, and is subject to all existing easement rights of others, If any, whether apparent or non- apparent, aerial, surface, underground or otherwise. SECTION IV. That the City Attorney is heroby authorized to prepare and deliver whatever legal documents are required with regard to the area abandoned and conveyed heroin, should such be requested by Grantee hereunder, tho same to be executed by the Mayor on behalf of the City of Denton, anti attested by the City Secretary. SECTION V. That the City Secretary is hereby authorized to certify a copy of this ordinance for recordation in the Deed Records of Denton County, Texas, and a certified copy of same shall be delivered to Grantee upon receipt of the fee for publishing this ordinance. SECTION VI. This ord nance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Denton. ' PASSED AND APPROVED this the o_4,tt, day of 1990. L ! _ KIC~ARD V-,--MAYOR CIT OF DF'TON, TEXAS ATTEST: DRWXS-HOLTp CITY ARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: • • O J Q , 106 im xx cn O IA x i Al 0 1 NO. 0 - AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-19 AND AS SAID MAP APPLIES TO APPROXIMATELY 32.055 ACRES OF LAND AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DYNTON, TEXAS, AND KORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That the Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 19690 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 here~y amended as follows: All the hereinafter described property Is hereby removed from the Commercial "C" 6 Agricultural "A" Districts as shown on said Zoning Map, and all provisions of Ordinance No. 69-1, adopted the 14th day of January, 1969, as amended, shall hereafter apply to said property as Planned Development "PD" District in the same manner as other property located in the Planned Development "PD" District and more particularly described as follows; Being a tract of land situated in Denton County in the John McGowan Survey, Abstract No. 797, Daniel Lambert Survey, Abstract No. 784, and the J. S. Taft Survey, Abstract No. 1256, and being more particularly described as follows: BEGINNING at the northeast corner of the Daniel Lambert Survey, said corner also being in the south line of the J. S. Taft Survey; THENCE south 20 IS, 36" west with thc east line of the Daniel Lambert Survey, a distance of 1319.40 feet to a point for corner; THENCE south 490 17' S8" west a distance of 481.80 feet to a point for corner on the northeasterly right of way of 3SE; THENCE with said northeasterly right of way the following: north 470 27, west 422.70 feet; north 380 17' west 125.SO feet; north 470 27' west 176.1 feet; north SSO $9' west 101.1•feet; north 470 271 west 30.5 feet; south 480 26' 49" vast 3.0 feet; north 410 33' 11" west 19.02 foot; north 470 27' west 219.30 feet; north 420 01' west 90.60 foot; north 340 42' west 2.0 foot; THENCE north 410 S7' 26" cast a distance of 927.53 feet to a point for corner, said point being In the east line of the John McGowan Survey, also being the west lino of the Daniel Lambert Survey; THENCE north 00 38' SS" west a distance of 21.60 foot to a point for a corner; THENCE north 00 36' 17" west a distance of 185.06 feet to a point for a corner on the southerly right of way line of Loop 288, said point being the beginning of a curve to the right having a radius of 3740.0 feet and a central angle of 30 04' SS"; THENCE along said curve an arc distance of 201.18 feet to a point for a corner; THENCE north 600 O1' 57" east continuing with said right of way a distance of 90.49 feet to a point for corner, said point also being the beginning of a curve to the right having a radius of 795.00 feet, a central angle of 90 14' 50" and whose chord bears south 190 42' 44" east; THENCE along said c.aive an arc distance of X8.51 feet to a point for reverse curve having a radius of 483.58 feet and a central angle of 140 O1' 20"; THENCE along said curve an arc distance of 118.35 feet to a point for corner; THENCE south 890 41' 48" east a distance of 331.83 feet to the place of beginning and containing 32.055 acres of land, more or less. The above described property shall be zoned Planned Development "PD" with the following conditions: GENERAL PLANNED DEVELOPMENT CONDITIONS: 1. Colorado Boulevard shall be extended to the eastern boundary of the site when the retail section of the planned development is built. The developer will be responsible for paving the portion of Colorado Boulevard as shown on the site plan. 2. The locnl street shall be paved as development occurs on either side of the local street. 3. Parkway and median areas in the parking lots shall be landscaped; trees shall be preserved In the median areas wherever feasible. 4. A detail site plan for the warehouse- office- showroom area must be approved by the Planning and Zoning Commission and City Council beforo development. The building density for the area will not be greater than 41,000 square feet for showroon use, 35,000 square feet for office use, and 70,000 square feet for warehouse use. Building density and design will be determined through site plan review involving particular off-street parking and loading factors. SITE PLAN CONDITIONS: 1. The area designated for retail use encompassing the building and parking area shall be developed in accord with the site plan. Minor variations In building use or shape will be omitted when the building size or land use intensity is not increased, Major charges must be approved by the Planning and Zoning Commission and City Council. 10 2. A minimum 25 foot sotback from the property line shall be observed along the perimeter of the property. SFCTION 11. That the City Council of the city of Denton, Texas hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and Its citizens. SECTION III. That this ordinance shall be in full force and effect immediately after its passage and approval, the required public hearings having heretofore been held by the Planning and Zoning Commission and the City Council of the City of Denton, Texas, after giving due notice thereof. PASSED AND APPROVED this the ,Z day of , A. D. 1980. A Lie, A;~ CITY OF DEN ON, TEXAS ATTEST• ITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C. J. TAYLOR, 1JR., CITY ATTORNEY CITY OF DENTON; TEXAS BY: O CS 7 L O 1 j ~ r7 ~i'`'✓RY7i ~~~",xd gj Pp4' .I., v i,. ' NO. p0 -1~S AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCtS OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO THE BELOW DESCRIBED TRACT OF LAND AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF~DZNTON, TEXAS, AND MORE PARTICII,.ARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE. CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I_ That the Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas, under provisions of Ordinance No. 69-1, be, and the same is hereby amended as follows: 0 All the hereinafter described property is hereby removed from the Plaraed Development 6 "PD-"" District as shown on said Zoning Map, and all provisions of Ordinance No. 69-1, adopted the 14th day of January, 1969, as amended, shall hereafter apply to said property as Commercial "C" District in the same manner as other property located in the Commercial "C" District and more particularly described as follows: BEING all that certain tract or parcel of land situated in the John McGowan Survey, Abstract No. 797, Denton County, Texas, and being a small triangular tract in the eastermost southeast corner of said Hopkins property and being that portion cut off by State Hi hway Loop 288, and being more particularly described as follows: BEGINNING at a fence corner at the east-southeast corner of said Hopkins property on the cast line of the John McGowan Survey; THENCE north 890 26' west with a fence on the south line of said Hopkins tract, 251.0 feet to a right of way post in a fence on the southeast right of way of State Highway 288; TftNCE northeasterly with said right of way around a 1.5320 curve to the right, 304.62 feet to a fence corner on the east line of said McGowan Survey; THENCE south 20 11' 30" east with said line along and near a fence, 185.0 feet to the place of beginning. SECTION It. That the City Council of the City of Denton, Texas hereby finds that such change is In accordance with a comprehensive lan 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 tho 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 Innd 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 Zonifig Commission and the City Council of the City of Denton, Texas, after giving due notice thereof. PASSED AND APPROVED this the day of %xa, A. D. 1980. CIT OF M TON, TEXAS ATTES ' A7470tT CFTY-9'ECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: a7 `~1 r~ J 04 V ~V p C u, ~ s r ORDINANCE NO. p- 8 AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 6.S3 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OH DENTON, STATE OF TEXAS AND BEING IN THE D. LAMBERT SURVEY, ABSTRACT NO. 784 DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the request for annexation was introduced at a regular meeting of the City Council of the City of Denton, Texas, on the petition of JACK BROWN AND NEIL/HILL GENERAL PARTNER DUNCAN PROPERTIES LIMITED; and WHEREAS, an opportunity was afforded, at a public hearing held for that purpose on March 2S, 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 one time in the official newspaper of the City of Denton, Texas, prior to its effective date, and after the publ',c 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 the acts and ordinances of said City now In effect or which may hereafter be enacted and the property situated therein shall be subject to and shall bear its prorata part of the taxes levied by the City. • The tract of land hereby annexed is described as follows, to-wit: All that certain tract or parcel of land situated in the D. Lambert Survey, Abstract No. 784, Denton County, Texas, and being part of a tract deeded to Jackie Brown and recorded in Volume 5°_1 Pagge 129 and part of a tract deeded to Jackie Brown by Frani Wallace recorded in Volume 586, Page 562 of the Deed Records of Denton County, Texas, and being more particulary described as follows: BEGINNING at a point in the existing City Limits of Denton as defined in Ordinance No. 6S-43 Tract 1, said point being south 010 42' west 244.9 feet from the northeast corner of a tract deeded to Jackie Brown by Frank Nallace recorded in Volume 586, Page S61 of the Deed Records of Denton County, Texas; THENCE south 010 42' west with Brown's east line 917.4 feet to a point in the existing City Limits as d,:fined in Ordinance No. 65-43 Tract II; THENCE north 470 43' west with the existing City Limits 787.2 feet co an angle point in said City Limits; THENCE in a northeasterly direction with said City Limits along a curve to the right a distance of 325.2 feet and a central angle of 050 56' and radius of 3139.97 feet; THENCE north 610 16' 30" east along said City Limits 399.0 feet to the place of beginning and containing 6.53 acres of land, more or less. SECTION II. The above described property is hereby classified as Agricultural "At' 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. PASSED AND APPROVED this the .~d day of A. D. 1980. W- CITY OF DENTON, TEXAS AA;6~ ,ITY OF DENTON, TEXAS b APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: O-CC\ VA. L (I - 7 A 39 . 4 ~ f, / \~R V-y~+ . T Q r' i! I 4 • i . ~ a ~ . t ~.i R E S O L U T I O N WHEREAS, the State Energy Conservation Plan (SECP) of Texas authorizes the Texas Energy and Natural Resources Advisory Council "TENRAC" to award grants related to energy management demonstration projects; and WHEREAS, the City of Denton is committed to the concepts of effective energy management; and WHEREAS, the City is interested in developing a coordinated approach to energy conservation, energy consumption, energy sources, energy planning and related activities; and WHEREAS, officials of Denton have determined that the City should make application to TENRAC for energy planning/management assistance under the State CCEMP program; and WHEREAS, TENRAC requires a resolution authorizing the submission of said application request for grant funds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That the City Council authorizes the City Manager to sign and submit said application to TENRAC. SECTION II. That the City Manager is authorized to handle all matters related to the grant. PASSED AND APPROVED this the oz7 day of , A. D. 1980. 1 L~e CIT OF D& TON, TEXAS ATTEST' ~ ITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY C111 OF DENTON, TEXAS BY: acv 0 /Ift do i P s't a 9 fa, . 1 1 k r THE STATE OF TEXAS § AGREEMENT COUNTY OF DENTON S This Agreement, made and entered into thin the ~ day of , 1980, by and between the City of Denton, a Municipal Corporation of the State of Texas ("Cit;+"), and Delta-T, Inc., a Corporation of the State of Texas, loc•:ited at 11550 Plano Road, Suite 104, Dallas, Texas 75243 ("Contractor"); WITNESSETH: WHEREAS, the parties hereto, in consideration of the covenants and agreements hereinafter contained to be kept and performed by the respective parties, do hereby agree as follows: 1. The Contractor agrees to furnish end deliver to the City of Denton, Texas, all the labor, tools and instruments necessary for the full testing, balancing and adjusting of the H.V.A.C. system, including chilled eater supply, for the Municipal Building located at 215 East McKinney Street, Denton, Texas, pursuant to the City's "Requoat for a Proposal" and the Contractor's responding "Proposal" dated January 14, 1980, a copy of each document being attached hereto and made a part hereof the same as though set lorth herein in full, references thereto hereby made for the particulars thereof, at the compensation set forth therein. 2. The Agreement shrill be In full force and effect from the date of its execution until the time period necessary to complete the project to the satisfaction of the City, said approval not to be unreasonably withheld. 3. tt is further understood and agreed by the Contractor that the performance of the air conditioning system will be tested during the summer, fall, winter and spring and/or opposite season to assure the maximum comfort conditions are being maintained at the said Municipal Building. 4. Contractor warrants to the City that the said H.V.A.C. system including chilled water supply shall be balanced to optimum performance capabilities of the equipment and design, and 'that the testing and balancing shall be done in accordance with the standards as published by the Associated Air Balance r Council ("A.A.B.C."). if technical assistance is needed to properly balance the said air conditioning system, it is understood and agreed that the Contractor will obtain such technical assistance from the A.A.B.C. and no extra charge will be made for said assistance. 5. Time is of the essence of this Agreement. 6. It is expressly understood and agreed that this Agreement shall not be assigned or sublet by the Contractor without written consent of the City. 7. This Agreement may not be enlarged, modified, or altered except by a written instrument duly signed by the parties. IN WITNESS WHEREOF, the parties to this Instrument have hereto set their hands, exec0ad as to the original and two copies, on the date first above written. CITY OF DENTON, TEXAS BYs ATTES BROOKS HOLT, CITY RET R CITY OF DFNTON, TEXAS APPROVED AS TO LEGAL FORHt C. J. TAYLOR, JR., 1:ITY ATTORNEY CITY OF DENTON, TEXAS BYt DELTA-T# INC. / BY $ MICHAEL D. LOCKE VIC.4-PRESIDENT 1 1 I. ~ THE STATE OF TEXAS S COUNTY OF DALLAS S BRFORF ME. the ondersigned r,uthority in nd for said County, Texas, on this day personally appeared Michael D. Locke, Vice-President of Delta-T, Inc. known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This the 28 day of May , 1980. NOTARY PUBLIC Bonnie L. Dunning V My Commission expires: March 14, 1981 ~ r ! ~ . d ~ i. a a. 4 fp . ~i t t4 r as ~'s r ~ ~ ,F,.. `;:y.. ^ . ~ " ~ ~ c6aar-' . CONTRACT • ; THIS AGREEMENT, shade thi3 29th dayof_ flay ,19byand between- UtY Of nenLou ! .re;-, called "Owner," _ ciin _ Ad. ytorporareH+omto/ow,,,q ~ a- herein through its 14ayor and . frtrlr o/AurAOrirea o//tHa7J ~l'•~-~4'':. a. Hurricane Fence Company ~:J} -S PL!KE OUT (s co:porathon) INAPPLICABLE (woHa!<,skucbcboicgbmicuta>cs TERNiS of Denton Countyof_ Denton _ ,and Stale of Texas hereinafter called "Contr:ctor.- WITNESSETH: That for and is tonsideral ion of Inc payments an,l agreements hereinafter mentioned, to he rnadr and performed by the 05AFft, the COMBLAC 0H hereby a,;rees with the OR'NF.R to commence and cnmple•te . the construction described as follows: Erection of 500 feet of six-foot fencing at Phoenix Park in Denton, Texas, t • five thousand eight hundred tventy-three hereinafterealledthrproject. for the sumo{ dollars and seventy-four cents I ' ( -4) and all extra wort, in connection therewith, under the terms at ►taled in the General and Special CAin. ditions of the Contract; and at hie (its or their) own proper root and ecp•en.e to furnish aU the materials, supplies, machinery, equipment, tools, superintendence, labor, insuranre, and other acetaw,ries and wtv;res necessary to r.na- plete th> said project in accordance with the condil ohs end I rites stated is the Proposal, the General Conditim,s, iuj,. plernentad General Conditions and Special Conditiw s of the Contract. IN plans, rich include all maps, plats, blur prints, and other drawings and printed of written e:planaluey matter 1ha eof, the specifications and contract de,rumrnts therefor as prepared by~~r~$~_ er a~ oby Ak1LtC1Lot_,_.__ aherein nd as enumerated in Paragraph I of the Supplemental General Conditions, cep of~which aretmade ahead herrnf anel rid r, Iretively evidence+ad ecn+titute the contract. The Contractor hereby agrres to commence w w1 under this contract m or lerfore a date to be specified in a written "Notice to Proceed" of the owner and to futly eomplele the prvjeet within-7_ conveeutive calendar day, thereafter. The Contractor further sprees to pay, a, lyuidated dumaptes, The sum of $ a tive calendar day thereafter as hevrinafter provided in Paragraph 11) of the Central Conditionss. °arJe Mnsrt'rl• The OWNER spurts to pay the CON'TRACTON in current fund, for the performance of the contract, subjerl to additions and deductions, as provided in the General C nrd,toons of the Contract, and to malte payments on account thereof as provided in Paraptph 25. Vaymenti to Conlescl.w,•• of The Gtncral Conditions. Morel u a IN WITNESS WHEREOF, the parties to these presents have executed this contract in six (6) counterparts, each of which shall be deemed an original, in the year end day first above mentioned. ATTEST: -1'+ry of t]Pntnn 1vwR / _ eta liy r ( errbryJ - Mayor ( It"aq (Title) (SCJ1) lurr' a3s , en_cg, Company r j. Ctt. rt Lf.~ JI~C<.lc' Z' By --~8rrnary President rW~nrenJ f7tru/ . 2218 Ft, Worth Dr. (AMra as a-d Iop C*4@) Denton, Texas 76201 NOTE: Secretary of the GwAar ahomM snood. If CoAUactor is a coryorallae, Secretarr as a.W artnf. I i HU0423" (M) ,ro 461•700 a u~ F` ~ 4 D VAGE THE STATE OF TEXAS, KNOW ALL MEN BY THESE PRESENTS: COUNTY OF Denton DEED LEOO" THAT Hoyt M. Cole .imi JL5 Of Denton County, Texas , In consideration of the sum of One Dollar ($1.00) and no/100 and other good and valuable consideration in hand paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by these presents grant, bargain, sell and convey unto to the City of Denton, Texas , the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, owned by him . Situated in Denton County, Texas, in the N. Wade Survey, Abstract No. 1407 All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the N. Wade Survey, Abstract No. 1407 and being part of Lot No. 6, Block B of the Westgate Park - First Addition, an addition to the City and County of Denton, and also being part of a tract of land as conveyed to Hoyt M. Cole by Deed dated 9-22-78 and recorded in Volume 914, Page 654 of the Deed Records of Denton County, Texas, and mare particularly described as follows; Being the south 10 feet of said lot and being 187.34 feet in length and containing 1873.4 square feet of land more or less. And It Is further agreed that the acid City of Denton, Texas In oonsideration of the benefits above set out, will remove from the property above described, such fences, bulldings and other obstructions as may now be found upon said property. For the purpose of constructing, installing, repairing and perpetually maintaining public utilities In, Wont, upon and across said premises, with the right and privilege at all times of the grantee herein, his or Its agents, employees, workmen sad representatives having ingws, ogress, and regress In, along upon and across aald premises for the purpose of making additions to, Improvements on and repairs to the said public utilities, or any part thereof, TO HAVE AND TO HOLD unto the said City of Denton, Texas as Atore"Id for the purposes aforesaid the premises above described. Witness hwW , thts the 0AtAvday of A. D 1980 . i r o Co e va1Q:~:3 trtcE 625 SINGLE ACKNOWLEDGMENT VOL1018 FACE 626 THE STATE OF TEXAS, I BEFORE ME, the undersigned authority, COUNTY OF. ...DentoCt _ j In and for said County, Texe.a, on this day personally appeared .H4y.t..M. C01e - rf v known to me to be the person whose nan a sul ar r tw'l to the foregoing instrument, aa8 Vac d e t~ ma 1~ that.... he_ executed the saute for the purposes and consldcrutmn therein expressed. ; } 1 f GIVEN UNDER HAND AND SEAL OF OFFICE, This 471`? tA4I' day of 11te,,~ y':. , A.U: i4d PSI Notary Public, _ . _.7?+As v_._..:... Oouhly, tpexad' My Commission £xpire3,7vns4r4$ e SINGLE ACKNOWLEDGMENT THE i-TATE 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 nrknorledged to me that ..he._. executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL. OF OFFICE, This day of A.D. 19 (LS.) Notary Publir, County, Texas My Commisok~n Expires June 1, ID CORPORATION ACKNOWLEDGMENT - THE STATE OF TEXAS, 11I.FokE ME. the undersigned authority, COUNTY OF I In and for said County, Texas, on Ihis day pv rs„nal!y apprarrd kr, ,o t,, m^ h, tr the Aran aml rrr,err whose name It subrcril,,d to the frrgvinsr Ir%!r1, m,r,t a'.I A,kT.,rbd¢( d to r'w !6.I I LLr rims ru d,- a,t of the as Id Is. corporation, and that he exccutc l the omit, Rs the art .,t +•+.h o,rj!,raG,n fir U,r r, Fl. s+s ant h,na!derat!,.n therein expressed, and in the capacity therein Rtated. GIVE UNDER MY ELAND AND SEAL OF OFF I'-).. This day if A 10. 19 (L.S,) Nrdary Puhlie, County, Texar Ay Commiuiun Expires June 1, It CURK'S CERTIFICATE THE STATE OF TEXAS? 1 County COUNTY OF Clerk of the County Court of ,a!d County, do hereby certify that the foregoing Instrument of writing dated on the day of , A. D. 19 with its CertiMeate of Authentication, was fried for record in my oMee on the day of A. D. I9 at o'clock N., and duly recorded this kylrk*i4 we" ymy Oyu A, to. 19 , aI o'elock M., in the Recorde of said County, in Volume on pates WITNESS MY FLAN AN ~F.Ai.OF TN Y COL'R7 of nId County, at office In rr e.. ...L// i nd yerr last abnre written. • , ~ xs 0t' l V L )VI County Clerk County, Texu. ,patsu4sgt J'' r J.J •,as +w ur I 13 F By Deputy. I IL FH'ef NM Alnp tea fus IW At 60A,s14 e,!1 e,a nv I ➢ae sysp . p Oa1l teIr,~W,~,r,uJrul'•¢, f,yl I'Y Jq,u rOw1 f , ~ \ I e NxsJr 'e"T+ aoWaOi')t!i>~ ig1109 ~ I 1 I 4 A t7 o , AL C VYVY .I 1 ;1t^ 4-1 Ps, i~ a4zly F Denton Chen-Chih-Chien, Trustee nEM RECORDS rtbesepreesents TATE OF TEXAS, KNOW ALL MEN BY THESE PRESENTS: County, Texas , in consideration of the sum cf ($1.00) and no/100 and other good and valuable consideration by the City of Denton, Texas receipt of which Is hereby acknowledged, do by ts grant, bargain, sell and convey unto to the City of Denton, Texas t he free upted use, liberty and privilege of the passage In, along, upon and across the following described property, owned by them . Situated in Denton County, Texas, in the J.D. Lilly Survey, Abstract No. 762 All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the J.D. Lilly Survey, Ahstract No. 762, and being part of Extension Nn. 1 Revised Seauoia Park Suhdivtsinn, An adHltion to the City and County of Denton, and also being part of a tract of land as conveyed from Norman Rhodes, et al to Chen-Chih-Chien by Deed dated 6-26-79 and recorded in volume 959, Page 197 of the Deed Records of Denton County, Texas, and rare particularly described as follows: Commencing at the southeast corner of Lot 28, Block 5 of extension No. 1 revised Sequoia Park, a subdivision of the City of Denton, Texas as recorded in Voluno 2, Page 104 of the plat records of L'enton County, Texas; Thence south 75°21'10" east a distance of 74.1 feet to the point of beginninq; Thence south 75°27'10" east a distance of 145.1 feet to a point for a corner; Thence north 66°41'20" east a distance of 430.0 feet to a iolnt for a corner, sane beino the east boundary line of said subdivision; Thence south 0°12'20" west along the east boundary line of said subdivision a distance of 16 feet to a point for a corner; Thence south 86°47'20" west a distance of 431.5 feet to a point for a corner; Thence north 75°27'10" west a distance of 75.7 feet to a point for a corner; Thence in a northwesterly direction with a curve to the left, whose radius is 337.85 feet, and a central angle of 12°550'30% a distance of 73.76 feet to the place of beginninq and containing 8641 qq a are feet of land more or less. Iyot OR iACE 62i buildings and other obstructions as may mw .L4 found upon gild property. For the purpose of constructing, installing, repairina and perpetually maintaining public utilities in, along, upon and across said premises, with the right and prif5kgs at all tines of the grantee herein, his or Its ajents, employees, ,w1workmen and representathw having Ingress, egress, and regress in. along upon and across publi pc utilitteshe purpose of mt,king additions to, improvements on and repairs to the said 0r any part thereof. TO HAVE AND TO HOLD unto the said City of Denton, Texas as ikforessl~ for the purposes aforesaid the premises abo-7e described. Witness hand , this the Z Rv VdAy of 0" M y , A. D. 19 SO . Z_ Ly en-Chin-Chien, Trustee +~eavramaa~a rm r~aQ SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, I cn/T it/ BEFORE ME, the undersigned authority, COUNTY OF In agdrtoertlaid County, Texas, on this dayersonany appeared .Coen-Chip-Chien jrust.ee . gwn to Ott a arson whose name i 3 subscr bed to the foregoing instrument, and acknowledged to me That -a.exeEp d the same for the purposes and consldcralion therein expressed. C1i~E IND R MY ]LAND AND SEAL. OF OFFICE, This ~2`171e day of A.D. 196°.~. r Notary PLbli- / " County, Texas t My Commission Expires ~arsa.ayl9b f. SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF in and for maid County, Texas, on this day personally appeared known to me to be the person whose name subscribed to the foregoing Instrument, and acknowledged to me that . he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAT, OF OFFICE, This day of , A.D. to ( L.S. ) Notary Public. County, Tessa tly Commission Expires June 1, 39 CORPORATION ACKNOWLEDGMENT WHE STATE OF TEXAS, i sREFORE ME. the undersigned authority, COUNTY OF in and for said County, Teas, on this lay Irrs,mally appearrd kn, c, n b. we to le the pars, n and oMcer whose name is subscribed to the fl-roguing in+lmic-rt sal arkcowle4j. d to r..r Ihnt th" xnmr was the a,t of Me said a corporation, and that he executed the same as tLe art of ouch r„rpurall m for the v:rt+ Pi and eonsldrratlen therein expressed, and In the capacity therein stalad. GIVEN UNDER MY HAND AND SEAT, OF OFFICE., This day of A.D. 19 (LS.) Notary Public, County, Texas my Commission F;xpires June 1, It CLERK'S C'FRTiFICATF, THE STATE OF TEXAS, County COUNTY OF Clerk of the County Court of said County, do hereby certify that the foregoing Instrument of writing dated on the day of A. P. 19 with Its Certilkate of Authentication, was fled for re.ord In my oMce .n the day of A. It, 19 al o'clock M., and duly recorded this 8AM `8Y113 AIN" A. D. 19 at o'clock M., In the Records of said County, In Volume , on pasta W11. F1g D?:AL OF' T R NTY COURT of said County, at office In _ • Q.. r 'f r! JAS y and )car last above written. VV , 1 Ozrol Q County Clerk County, Texas. aD,o 9vro,ay p,, , . •.e r 1 r6 By , Deputy. r psunu ty! r~ c] J ~1'Nnp f!M pis ,w rr) i s . ❑ {r 'Ci , ~ l.,paf 1 J. +\'.\r\a\\ Mlfl :plUr{. i. .~r ~i.srirq i s i f i i }101 0 !0 AJyrffr~ ~ ~ ! i ,acrd; 0 11y1 k 1A I ~ r t~ c 49 I W or n M Y QT 3 . 1018 623 rj,in DE STATE OF TEXAS, KNOW ALL MEN BY THESE PRESENTS: NTY OF Denton HAT Jerel A. Harvey and wife Mary L. Harvey p5150 nton County, Texas , in consideration of the sum of ollar ($1.00) and no/100 and other good and valuable consideration nd 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 described property, owned by them . Situated in Denton County, Texas, in the N. Wade Survey, Abstract No. 1407 All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the fl. Wade Survey, Abstract No. 1407 and also being part of a tract of land as conveyed from E. Gayle West and wife ltary West to Jerel A. Harvey and wife Mary L. Harvey by Deed dated 1-16-78 and recorded in Volume 872, Page 155 of the Deed Records of Denton County, Texas, and more particularly describe as follows: Beginning at the southeast corner of said tract, said point being south 0°05' east, 1133. feet from and south 89°55' west 25 feet from the northeast corner of a tract of land as conveyed from F.A. Fox to F.M. Craddock by deed dated July 7, 1903 and recorded in Volume 86, page 296 of the deed records of Denton County, Texas; Thence south 89°55' west along the south boundary line of said Harvey tract, a distance 01 210 feet to a point for a corner, same beinn the southwest corner of said tract; Thence north o°O5' west along the west boundary line of said tract a distance of 10 feet to a point for a coiner; Thence north 89°55' east 10 feet north of and parallel to the south boundary line of said tract a distance of 210 feet to a point for a corner in the east boundary line of said tract, said point also 'lying in the west right-of-way line of Westgate Dr. Thence south 0°05' east a distance of 10 feet to the place of beginning and containing 2100 square feat of land more or leas. And it is further agreed that the said City of Denton, Texas in consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstructions as may nov, be found upon said property. For the purpoesof constructing, installing, repairing and perpetually maintaining public utilities in, along, upon and across said premises, with the right and privilege at all times of the grantee herein, Ills or its agents, employees, workmen and representatives having ingress, egreru, and regress in, along upon and across said premises for the purpose of making additions to, improvements on and repairs to the said public utilities, or any part thereof. To HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purpoe s aforesaid the premises above described. 14 Witness hand , this the ~-'day of , A. D. 1980 . B arvey Mary L. /r y VOI~O~J f'AG vrn1010 ixE x.30 SINGLE ACKNOWLEDGMENT THE STATE; OF TEXAS, 1 COUNTY OF DEnton BEFORE AIE, the undersigned authority, In and for said County. Texas, on this day peisonall a Jerel A. Harvey and MA, r.r L. Harvey Y appeared. kno%yrf'%o,1,11W "'[;6~4}yspctrson S whose name S siil'srr lwd to th.e foregoing in~trvment, and acknowledged to me t4(t:" g4c -the same for the purposes and conslderntion therein t «pressed. ~tVFfN`tJNbEL .1 O. ~ HAND AND Sr:AI 0: 01'F[ E', Thi, 3 ~ day of q, ~r Notary Puhli~ r - County, Texan e t 4,1F. '0 ti My Commission ExplresdYa a /p.3/- j'r7. ` SINGLE ACKNOWLEDGMENT a THE StATh'OF TEXAS, HEFORF. fIF., the undersigned authority, COUNTY OF i 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. LIVEN UNDER DIY HAND AND SEA[. OF OFFICE, This day of AM 19 (I..S.) N.,lary 1'ublir, Countye~'1•eaas _ fly Commia.i..n F.xpina June i, ID CORPORATION ACKNOWLEIKAIENT THE STATE: OF TEXAS, 1 ~ ItE:rtl« F: >ts, the un,l.ralgne,l .ut},nrity, COUNTY OF f in and for said County. Texas, c•n this day I• is, na':% a;"arrd - - knw r D;r 1, to 1}r t+f.rl Lfil soli:!(( whose name Is Fubacri14d to 11,e f1.rrrnirg j,'I,I I,. r.l a• f a,kre,.l.•Ig, I 1-, rou tl..t 11. lAr:.e %Ax tie ail of Il.e sold a corporation, and that he ra1uU•I the 0111"r ae 0..• a.t of v:,h ro 1. ra4-n for t1 vnt.0.e and con0idration therein expressed, and In the capacity thrron slated. GIVEN UNDER SIV HAND AND SEAL OF OFF•II V. TFds dsr f A D. i9 (L.S,E S"iAry Puldif, County, Texu fly l'umtn ol(un E_apirce June 1, 19 CLYUK'.S CERTIVICATF THE STATE: OF TEXAS, ~ , county COUNTY OF Clerk of the C(,unljWk1*Njo")AV0j ere6y certify that the foreanina Instrument of writins dated on the day of A. U. l7 with its CertiArate of Authentication, was !fled for recor3 In my oM"re on thq, A y of A. D. 19 al o'clock Sli, and duly recorded this df A. D. III at o'clock M., In the 0 nnct~ ~ o(ds of said County, In Volume , on pages ` WITNESS MY HAND ~k1 4.ALbPgHr COL'N'rY COURT of sold County, at olice in Yw tq _.........................a . '•`jg*4broml leer IAII absle written. 0ro„, Inurt-1 "141!11',74T j-.t ay•Ti' 041 ui P443 "es J49 It* No ow Rq uA1.4 i>a'4rya ow-4 pun 8411110 Dafq $I" iuawMN? 1,41 1#41 tiyay A I County Clerk County, Texas. 1 sstsol `Nuau3 i olu+A 'flbll7 A)MM IL• law ALMU of Deputy. ` W f ~ la ~ ~ ~ ~ E w FiL I: JJN N 2 FOaC bi 3 H dl 1- 60 j( 1 Y- j I 83 ~ ! I I f ~o Z~~ W m~ 10~ I 9