HomeMy WebLinkAbout07-1980
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CERTIFICATE OF INSURANCE
THIS IS TO CERTIFY that the following policies, st:bjsc to their terms, conditions and exclusions, have been issued by
the company or companies shown below:
THIS CERTIFICATE OF INSURANCE neither affirmatively or negatively amends, extends or alters the coverage afforded by
the poticy or policies shown below, nor is it an endorsement maki.ig the person, firm or corporation at whose request it is issued an
additional Insured on the policy or policies referred to herein.
In the event ,,f any material caange in or cancellation of the policy or policies, the company or companies will mail ten (10)
days' written notice to the party to whom this certificate is addressed,
NAME AND ADDRESS OF PARTY TO WHOM CERTIFICATE IS ISSUED DAIEt 7/15/80
r.. FIEMARKS:
Cfty of Denton
Denton, TX 76201
Attn: Brooks Holt, City Secretary
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NAME AND ADDRESS OF INSURED:
Protex Service, Inc.
1917 N. Haskell Avenue
Dallas, TX 75204
poticy Effective Expiration ,
Insurance Company Type of Insurance
LIMITS OF LIABILITY'
Number Date Deis
Century workmen's Compensation Statutory
Indemnity Employ nand Liabi.dy WC 921775 7/1/80 10/1/80
Company EmptnyersLiaei,ityLimits-=100,000
CompreMnsiva -Bodily-1 nlury
Aetna Fire General Liab,lay
Underwriters CG 990716 711180 711181 s 300L01DOEochOccurrance
Insurance Co. : 300,OOOo~i;ted°o °0:tions
Property Oamap
S 50,000 Each OccurnncI
_ 500000AgregatoOperations
t , P.ppregate Protective
Agaregeis Contractual
Ag repata Products
S 50 a 000 8 Com aged Operatio"
Aetna Fire ComprMensHe Bodily lnivey
Underwriters Auto nob leu.b.lr"" CG 990716 7/1/80 7/1/81 s 250 000 Each Parson
Insurance Co. s 000 EechOccurr.nc.
Pror-•it, Damapa
S L_ym Each Occurrence
Aetna Fire
Underwriters CG 990716 7/1/80 7/1/81 As Shown in Remarks.
Insurance Co.
'Abwnce of any appropriate entry means no such Insurance Is In force. FRED, S. JAMES & CO. OF TEXAS, INC.
'Covers all owned, non-owned or hired vehicles.
2001 McKinney Ave. - Dallas, Taxn 76201
Authorised ReprMmniatives of Ma insurance Companies referred to above.
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NO.
AN ORDINANCE CALLING AND ORDERING AN ELECTION TO BE HELD IN THE
CITY OF PENTON, TEXAS ON AUGUST 9, 1930 FOR T-NE PURPOSE OF
SUBMITTING TO THE, QUALIFIED ELECTORS OF THE CITY OF DENTON,
TEXAS THE PROPOSITION: FOR OR AGAINST "THE PROPOSED MINIMUM
SALARY OF $12492.00 PER MONTH FOR POLICEMEN; PROVIDING FOR
POLLING PLACES, VOTING MACHINES, AND HOURS OF VOTING.
WilEREAS, a petition was filed with the City Council
requesting a special election be called under Article 1269q of
Vernon's Annotated Texas Statutes at which a proposed minimum
salary of $1,492.00 per month for policemen be submitted to the
qualified electors of the City of Denton; and
WHEREAS, the City Secretary of the City of Denton has
certified to the City Council that such petition complies with
all requirements of Article 1269q of Vernon's Annotated Texas
Statutes;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DENTON, TEXAS:
SECTION I.
Pursuant to the terms and provisions of Article 1269q of
Vernon's Annotated Texas Statutes, as amended, an election is
hereby ordered held in the City of Denton, Texas on the 9th day
of Arigust, 1980, for the purpose of submitting to the qualified
electors of the the City of Denton, Texas, the following
proposition:
FOR: "THE PROPOSED MINIPRIM SALARY OF
AGAINST: $1,492.00 PER MONTH FOR POLICEMEN".
SECTION II.
The polls for said election on August 9, 1980 shall be open
from 7:00 A.M. to 7:00 P.M.
SECTION III.
The election voting place for said election on August 9,
1980 shall be as follows:
IN THE COMMUNITY BUILDING IN THE
CIVIC CENTER ON EAST MCKINNEY STREET
IN 711E CITY OF DENTON, TEXAS
SECTION IV.
The election officials for said election on August 9, 1980
shall be as follow;%:
1. Lee Knox, Presiding Judge.
2. Bob Miller, Alternate Presiding Judge.
at the Community Building on East McKinney Street.
3. Brooks dolt, City Secretary shall conduct absentee voting
under the Texas Election Cade.
4. (a) Lona May McClendon shall be the Presiding Judge at
the Central Counting Station.
(b) Joann Garbacik shall be the Manager of the Central
Counting Station.
(c) Marilyn Robinson shall be the Tabulation Supervisor
at the Central Counting Station.
The respective Presiding Judge of each voting place and the
Central L::unting Station shall be authorized to appoint a
sufficient number of Clerks as they may deem necessary to assist
them in said election, including bilingual assistants as
required by law.
SECTION V.
Absentee voting shall be conducted by the Office of the City
Secretary in the municipal building on East McKinney Street in
the City of Denton, Texas, and the polls for absentee voting
shall be open for voting in person between the hour of 8:00 A.M.
and 5:00 P.M. Monday through Friday during the times allowed for
absentee voting.
SECTION VI.
The City Secretary is hereby authorized to prepare the
official ballot for said election and perform each and every act
required by the Charter and laws of the State of Texas for
holding elections.
SECTION Vil.
It is further orderod that the punch card electronic voting
system adopted by Denton County be used in said election in
PAGE 2
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accordance with the term and provisions of Article 7.1S of the
Texas Election Code. The punch card electronic voting system
shall be used for absentee voting in person and by mail and at
the polling place at the Municipal Building at the election on
August 9, 1980.
PASSED AND APPROVED -.his the i day of
A. D, 1980.
ARD S Xi TfAYbli
CIT OF D NTON, TEXAS
ATTE T
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OFF DENTON, TEXAS ,
BY: C.,.. L_
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NO. 90-50
AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON THE WEST
SIDE OF AVENUE E FROM THE INTERSECTION OF PRAIRIE STREET TO THE
INTERSECTION OF OAK STREET AND ON THE EAST SIDE OF AVENUE E
FROM THE INTERSECTION OF EAGLE DRIVE TO THE INTERSECTION OF OAK
STREET; AND PROHIBITING PARKING ON BOTH SIDES OF BONNIE BRAE
STREET FROM THE INTERSECTION OF INTERSTATE 35E FRONTAGE ROAD TO
SEVEN HUNDRED (700') FEET NORTH OF SCRIPTURE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO
HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION I.
When signs are erected giving notice thereof, no person
shall park a vehicle at anytime upon any of the following
streets or parts of streets in the City of Denton, to-wit:
The west side of AVENUE E from its intersection with
Prairie Street north to its intersection with Oak
Street.
The east side of AVENUE E from its intersection with
Eagle Drive north to its intersection with Oak Street.
The east and west sides of BONNIE BRAE STREET from its
intersection with the Frontage Road of Interstate 35E
north to seven hundred (7001) feet north of Scripture.
SECTION II.
The provisions of Section I prohibiting the parking of
vehicles shall apply at all times to the streets and parts of '
streets designated therein except when it is necessary to stop
a vehicle to avoid conflict with other traffic or in compliance
with the direction of a police officer or official
traffic-control device.
SECTION III.
Any person adjudged guilty of parking a vehicle in
violation of this ordinance shall be guilty of a misdemeanor
and punished by a fine not to exceed Two Hundred Dollars
($200.00).
SECTION IV.
That if any section, subsection, paragraph, sentence,
clause phrase or word in this ordinance, or application
thereof to any person or circumstances is held invalid by any
court of competent jurisdiction, such holding shall not affect
the validity of the remaining portions of this ordinance, and
the City Council of the City ofDenton, Texas, hereby declares
it would have enacted such remaining portions despite any such
invalidity.
SECTION IV.
That this ordinance shall .-ecome effective fourteen (14)
days from the date of its passage and the City Secretary is
hereby directed to cause the capption of this ordinance to be
published twice in the Denton Record- Chronicle, the official
newspaper of the City of Denton, Texas, within ton (10) days of
the date of its passage,
I
PASSED AND APPROYF,D this the c'iy of
1980.
I
CIT OF DENTON, TEXAS
ATTPV 00
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iLKS-HOLT$ CITY SECRETUY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
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NO.
AN ORDINANCE BY THE CITY OF DENTON, TEXAS, DETERMINING AND
ESTABLISHING THE MAXIMUM PRIMA FACIE SPEED LIMIT ON GLENWOOD
AND MISTYWOOD TO BE TWENTY (20) MILES PER HOUR; PROVIDING A
PENALTY OF NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00);
PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE
DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I.
Based upon an engineering and traffic investigation, the
City Council hereby determines that the reasonable and safe
prima facie maximum speed limit from 100 feet south of the
intersection of Glenwood and the intersection of Mistywood to
100 feet north of the intersection of Glenwood and Mistywood is
twenty (20) miles per hour.
SECTION II.
An individual adjudged guilty of exceeding this speed
limit, shall be guilty of a misdemeanor, and punished by'a fine
not to exceed Two Hundred Dollars ($200.00).
SECTION III.
That if any section, subsection, paragraph, sentence,
clause, phrase or word in this ordinance, or application
thereof to any person or circumstances is held invalid by any
court of competent jurisdiction, such holdin shall not affect
the validity of the remaining portions of t.is ordinance, and
the City Council of the City of Denton, Texas, hereby declares
it would have enacted such remaining portions despite any such
invalidity.
SECTION IV.
That this ordinance shall become effective fourteen (14)
days from the date of its passage, and the City Secretary is
hereby directed to cause the caption of this ordinance to be
pLblished twice in the Denton Record- Chronicle, the official
newspaper of the City of Denton, Texas, within ten (10) days of
the date of its passage,
PASSED AND APPROVED this the day of lc~ ,
A. D. 1980.
AICIJARD 0.[S ,
CITY, OF DENTON, ;"EXAS
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CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C, J. TAYLOR JR. CITY ATTORNEY
CITY OF PBNTbN, AXAS
BY:
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NO. 06 - 5ok
AN ORDINAJNCE AMENDING SUBPARAGRAPH (C)(4) OF SECTION 25-23 OF
THE CODE OF ORDINANCES OF THE CITi OF DENTON, TEXAS PERTAINING
TO ELECTRICAL PRIMARY CONDUIT SYSTEMS AND ELECTRICAL PRIMARY
VOLTAGE EQUIPMENT; REQUIRING THE OWNER OF PROPERTY TO INSTALL
AND !MAINTAIN SUCH SYSTEMS; REPEALING ALL ORDINANCES IN CONFLICT
HEREATITH; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION I.
Subparagraph (c)(4) of Section 25-23 of the Code of
Ordinances of the City of Denton, Texas is amended to read as
follows:
(4) The owner shall furnish, install and maintain
primary conduit systems where transformers and/or
primary voltage equipment is required to be
installed on the owner's property.. The conduit
system shall be a part of the building plans and
specifications and subject to approval of the
Director of Utilities. The City shall have
access to such systems at all tines for
maintenance and operation purposes whicii shall
also be provided for in the service agreement
with each customer.
SECTION II.
This ordinance shall become effective from and after its
date of passage. All ordinances in confict herewith are hereby
repealed to the extent of such conflict only.
PASSED AND APPROVED this the day of
1980.
CIT OF D NTON, TEXAS
ATTEST:
T Y"'011 DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF PENTON, TEXAS
BY: "Qax4r),
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R E S O L U T I O N
WHEREAT;, the City of Denton desires the construction of a
turnaround at separation and incidental items on U. S.
Interstate 3"s E; and
WHEREAS, the State of Texas, acting through its State
Highway and Public T:ansportat,.on Co-nm:ssiur., aas agreed to
participate with thr,~ City of Denton on this project; and
WHEREAS, the State of Texas requires that all council-
persons of the City of Denton execute an escrow agreement with
the State for its participation;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DENTON, TEXAS, THAT:
SECTION I.
It is the intent of the City Council of the City of Denton,
Texas to participate with the State of Texas in constructing a
turnaround at U. S. Interstate 35E, and all councilpersons are
hereby authorized to execute originals of the attached Escrow
Agreement required by the State of Texas to achieve this
purpose.
SECTION II,
The sum of $438',300.00 is hereby appropriated to pay the
cost of this construction project.
SECTION III.
That this resolution shall take effect immediately from and
after its passage and approval. 4
PASSED AND APPROVED this the e~day of
1980.
, A
CIT WDNTONO TEXAS
ATTEST:
✓4 A4e~
MY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C, J. TAYLOR JR,, CITY ATTORNEY
CITY OF DENTbN, TEXAS
BY: O'N
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C 196-1-46
Denton County
SPATE U?' TEXAS
COUNTY OF TRAVIS A
THIS AGREEMENT, made this / day o! %14 , 1980
by end between the City of Denton, Te}.as, 'rreinafter called the
"City", Party of the First Part, acting by and through its City
Council and the State of Texas, hezeinnfter called the "State",
Party of the Second Part, acting by and through its State Highway
and Public Transportation Commission.
WHEREAS, the City desires the construction of a turnaround at
Loop 288 trade separation and incidental items on Interstate Highway
No. 35E, which is solely thr; City's responsibility and the City has
requested the State to construct or have constructed this work. The
State will construct or have constructed this work for and on behalf
of the City and at, the City's sole expense, excluding preliminary
engineering. The estimated construction cost of this work is Four
Hundred Thirty Eight Thousand Three Hundred and No/100 Dollars
($438,300.00), including contingencies and construction engineering,
and
WHEREAS, tLe City by the execution of this agreement agrees
to the terms and conditions of Commission Minute No. 75107, as it
applies to the City, a copy of which is attached hereto and marked
"Exhibit A" and made a part of this agreement.
1.
.
NOW THEREFORE, it is understood that this proposed work will
be constructed by the State and the City will transmit to tie State
with the return of this agreement, executed by the City, a warrant
or check made payable to the State Treasurer, Account of Trust Fund
No. 927 in the amount of Four Hundred Thirty Eight Thousand Three
Hundred and No/100 Dollars ($438,300.00), to be used in paying for
the proposed work required by the City in the City of Denton. It
is further understood that the State will construct only those items
for the City as requested and required by the City and the entire
cost of such items, excluding preliminary engineering, will be
borne by the City. If the State elects to receive bids and if
upon receipt of bids by the State and/or the actual construction'
and/or approved changes in the contemplated improvements-it is
found that this amount is insufficient to pay the City's portion,
then the City upon request of the State will forthwith supplement
this amount by an amount equal to the City's full estimated or
actual share of the cost of this work less the amount previously
paid into Trust Fund No. 927. In the event the amount as paid
is more than the actual cost, then the excess amount will be
returned to the City. It is further understood that the work
to be done on behalf of the City, as herein provided, will include
the cost of contingencies and construction engineering. It is
further understood that the City by the execution of this agreement
agrees to the terms and conditions of Commission Minute No. 751070
as it applies to the City, n copy of which is attached hereto and
marked "Exhibit A" and made a part of this agreement.
2.
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IN TESTIMONY WHEREOF, the parties hereto have caused these
presents~to be executed in duplicate on the day above stated,
CITY OF DENTON STATE OF TEXAS
Party o the rst Par - - - - STATE HIGHWAY AND PUBLIC
I /J _TRANSPORTATION COMMISSION
By: Party of the Second Part
0
Certified as being executed for the
By: purpose and effect of activating and/
gbe of City Council or carrying out the orders, established
policies, or work pr ograms heretofore
Byapproved and authorized by the State
f City Highway and Public Transportation
Commission:
By
o ncil By:Asst. Engineer-Director under
Byr%. y authority of Commission Minute
Memr of ty Cou cil 70104
Recommended for execution:
(State) Director, Finance
3.
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Minute No. 75107
November A, 1978
COPY '18KI1th11 All
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OATH OF OFFICE
I, ,d'e do solemnly
swear (or affirm) 'that I will faithfully execute the duties of the
office of~,y',~/N$
of the City of Denton, Texas, and will to the best of my ability
preserve, protect and defend the Constitution and laws of the United
States and of this State and the Charter and Ordinances of this City.
Subscribed and sw rn to before we the undersigned on this the `9
day of , A.D. 19, To certify wh F -
witness m n a d seal of office.
IT ECR T RY
CITY OF DENTON, TEXAS
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/ A OATH OF OFFICE n
I, /7Ci/1~~ L~/C do solemnly
swear (or affirm) that I will faithfully execute the duties of the
office of -ON/NG' (:.D1H!'1/ASS/Q60?
of the City of Denton, Texas, and will to the best of my ability
preserve, protect and defend the Constitution and Taws of the United
States and of this State and the Charter and Ordinances of this City.
,
Subscribed an swo n to before me the unders'gned on this the 2
day of A.D. 19&. To certify w cch
witness my an sea of office.
C Y S CRET RY
CITY OF DENTON, TEXAS
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OATH OF OFFICE
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swear (or affirm) that I will faithfully execute the duties of the
office of z--7 i ~4DJlsn~'7 :,RCS~iP0 .
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.
dic
Subscribed d sw rn to before me the undersigned on this the
day of , A.D. 19_r~9o. To certify wii c-
witness an d seal of office,
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CITY OF DENTON, TEXAS
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CITY OF DEN'TON 1
FIREMEN'S AND POLICEMEN'S
CIVIL SERVICE COMMISSION
RULES $ REGULATIONS
ADOPTED JULY 7, 1980
EFFECTIVE AUGUST 19 1980
CITY OF DENTON
FIREMEN'S AND POLICEMEN'S
CIVIL SERVICE COMMISSION
RULES 6 REGULATIONS
INTRODUCTION
Under and pursuant to the provisions of Article 1269m of
Vernon's Annotated Texas Statutes of the State of Texas, the
Firemen's and Policemen's Civil Service Commission of the City
of Denton, Texas, does hereby adopt the following special rules
and regulations for the conduct of its business, and Police and
Firemen in the City of Denton, Texas to become effective August
1, 1980. These rules supercede all previous Civil Service
Rules, Regulations and Procedures.
The purpose and intent of these Civil Service Rules and
Regulations is to set forth the principles and procedures to he
followed in the administration of the State Civil Service
Program. These rules shall be applied so as to recruit, employ,
and retain those persons best qualified to perform the
activities of the Police and Fire service, free from political
influence, at a level of effectiveness expected by the citizens
of Denton. No personnel rules can be so precise as to provide
for every employment situations therefore, it is intended that
these rules be administered in a spirit of mutual cooperation
between the various departments.
Adopted this the day of \TuA y , 0.
CH RMAN
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VICE-CHAIRMAN' COMMISSIONER
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CIVY OF DENTON
FIREMEN'S AND POLICEMEN'S
CIVIL SERVICE COMMISSION
RULES $ REGULATIONS
INDEX
PAGE
SECTION 1 - Basic Policy $ Applicability 1
SECTION 2 - Definitions...... 1
SECTION 3 - Establishment & Organization of Commission.... 2
SECTION 4 - Powers of Commission 2
SECTION 5 - Director of Civil Service 4
SECTION 6 - Classification of Positions 4
SECTION 7 - Heads of Fire $ Police Department 5
SECTION 8 - Minimum Requirements of Police 6 Fire......... 6
SECTION 9 - Status of Present Employees 6 1
SECTION 10 - Notice of Entrance Examination 6
SECTION 11 - Applications for Entry-Level Positions........ 7
SECTION 12 - Entrance Examinations for Eligibility List.... a
SECTION 13 - Physical Examinations 9
SECTION 14 - Methoi of Filling Entry-Level Positions....... 10
SECTION 15 - Certitication of Entry-Level Employees........ 11
SECTION 16 - In-Service Entry-Level Training 12
SECTION 17 - Probatio;tary Period..,.,..... $4 * 0 12
SECTION 18 - Promotions 13
SECTION 19 - Efficiency Report 18
SECTION 20 - Causes for Removal or Suspension 18
SECTION 21 - Temporary Suspensions 19
SECTION 22 - Demotions.......... 20
SECTION 23 - Indefinite Suspensions & Termination of
Employment 21
SECTION 24 - Procedure Before Commission 23
SECTION 25 - Reduction of Force 24
SECTION 26 - Political Activities 25
SECTION 27 - Leave of Absence 25
SECTION 28 - Military Leave of Absence 26
SECTION 29 - Striking 27
SECTION 30 - Sick Leave 27
SECTION 31 - Line of Duty Illness & Injury Leave........... 29
SECTION 32 - Vacation Leave. 29
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CITY OF DENTON
FIREMEN'S AND POLICEMEN'S
CIVIL SERVICE COMMISSION
RULES & REGULATIONS
SECTION 1
BASIC POLICY & APPLICABILITY
1.1. There is hereby established the Rules and Regulations of
the Firemen's and Policemen's Civil Service Commission of the
City of Denton.
1,2. The adoption of these Rules and Regulations is for the
purpose of promoting greater efficiency in the Fire F, Police
Departments of the City of Denton and to meet the requirements of
Article 12693 of Chapter 22, Title 28, Vernon's Annotated Revised
Civil Statutes of the State of Texas.
1-3, All Firefighters and Police Officers shall be furnished
a copy of these Rules and Regulations.
SECTION 2
DEFINITIONS
2-1. Firefighter., Any member of the Denton Fire Department
appointed to suc position in substantial compliance with the
provisions of these Civil Service Rules and Regulations.
2.2. Police Officer. Any member of the Denton Police
Department appointed to such position in substantial compliance
with the provisions of these Civil Service Rules and Regulations.
2,3. Commission. As used herein is meant the Firemen's and
Policemenns C~fv F7ervice Commission of the City of Denton.
2.4. Director. The Director of the Firemen's and Policemen's
Civil ServTce.
2.5. Chief Executive. As used herein is meant the City
Manager of fhe City oF-'Denton,
CIVIL SERVICE RULES F, REGULATIONS - PAGE 1
SECTION 3
ESTABLISHMENT f, ORGANIZATION OF COMMISSION
3.1. The Commission shall consist of three (3) members and
shall be appointed by the Chief Executive of the City of Denton,
and such appointment shall be confirmed by the City Council
before any such aprointments shall be effective.
3,2. The term of office for each Commissioner shall be for
three (3) years, or until a successor is appointed, confirmed,
and qualified, and the terms of office for each Commissioner
shall be staggered so that only one term expires each year,
3.3. Any vacancies on the Commission, caused by death,
resignation, or otherwise, or by failure of any appointee to
qualify within ten (10) days after appointment, shall be filled
in the manner herein specified, and such appointment shall be for
the unexpired term of the retiring Commissioner or the appointee
failing to qualify.
3.4. All such Commissionors shall be of good moral character,
residents within the City Limits of the City of Denton, shall
have resided in the City of Denton for a period of more than
three (3) years, shall each be over-the age of twenty-five (25)
years, and shall not have held any public office within the
preceding three (3) years.
3.5. The Commissioners shall annually, during the month of
January, elect a Chairman and a Vice-Chairman.
SECTION 4
POWERS OF COMMISSION
4.1. Two (2) members of the Commission shall constitute a
quorum to transact business.
4.2. The Commission may make investigations concerning, and
report upon all matters touching the enforcement and effect of
these Rules and Regulations, anJ shall ascertain whether these
Rules and Regulations are being obeyed. Such investigations may
be made by the Commission or by any Commissioner designated by
the Commission for that purpose. In the course of such
investigation, the Commission or designated Commissioner shall
have the power to administer oaths, subpoena and require the
CIVIL SERVICE RULES 6 REGULATIONS - PAGE 2
attendance of witnesses and the producing by them of books,
papers, dcctme nts, and accounts pertaining to the investigations,
and also to cause the deposition of witnesses residing within or
without the State of Texas, to ba taken in the manner prescribed
by law for like depositions in civil actions in the court of
original and unlimited jurisdiction to civil suits of the United
States; and the oaths administered hereunder and the subpoenas
issued hereunder shall have the same force and effect as the
oaths administered by a magistrate in his judicial capacity; and
the failure upon the part of any person so subpoenaed to comply
with the provisions of this Section shall be a violation of these
Rules and Regulations.
4.3. The Commission shall conduct its meetings in facilities
suitable for puoIic attendance. Meetings of the Commission shall
be open to the public and notice of meetings of the Commission
shall be made in accordance with applicable laws.
4.4. The Commission shall keep records of all hearings or
cases that come before it. Commission decisions shall be signed
by the concurring Commissioners. All rules, opinions,
directives, decisions, and orders issued by the Commission shall
be written and are public recurds that shall be retained on file
by the Commission.
4.5. When sitting as a board of appeals for a suspended or
aggrieved employee who has invoked any review procedures under
the provisions of these Rules and Regulations, the Commission
shall conduct such hearing fairly and impartially and shall
render a fair and just decision, consider'ng only the evidence
presented before it in such hearing in determining the truth of
any charges brought. The Commission's decision need only be
based on substantial evidence and not proof beyond a reasonable
doubt.
4.6. The Commission. shall cause to be published all Rules and
Regulations it adopts, and shall publish classification and
seniority lists for each department, and shall cause them to be
delivered to the head of the Fire Department and head of the
Police Department and posted in conspicuous places in all Fire
and Police Stations for at least seven (7) days. In addition,
the Director of Civil Service shall keep on hand copies of all
such Rules and Regulations and classification and seniority lists
for free distribution to members of the Fire and Police
Departments requesting same, and shall be kept available for
inspection by any interested citizen.
CIVIL SERVICE RULES & REGULATIONS - PAGE 3
4.7. General Rules and Regulations, and personnel policies
promulgated by the City of Penton xhich and „a,. in conflict with
these Rules and Regulations or the State Civil Service Act will
be applicable to all classified employees in the Fire and Police
Departments, subject to such modification as may be necessary by
State or Federal 1.aw.
4.8. These Civil Service Rules and Regulations may be
amended, repealed, or supplemented and new rules adopted by the
Commission at any time.
4.9. All original papers, including applications, examination
papers, medical reports and questions and certificates shall be
the property of the Commission and filed by the Director to be
kept not less than two (2) years, excepting examination papers of
persons making a failing grade, which may be destroyed after one
hundred eighty (180) days.
SECTION 5
DIRECTOR OF CIVIL SERVICE
5.1. The Commission shall appoint a Director of the Firemen's
and Policemen's Civil Service, who shall meet the same
requirements for appointment as those of the Commissioners.
5.2. The Director shall, at all times, be subject to removal
by the Commission.
5.3. The Director shall serve as Secretary to the Commission,
and shall perform all such work incidental to the Civil Service
program as may be required by the Commission.
SECTION 6
CLASSIFICATION OF POSITIONS
6.1. The Commission shall provide for the classification of
all Firefighters and Police Officers. Such classification shall
be provided by ordinance of the Denton City Council. The City
Council shall prescribe by ordinance the number of authorized
positions and salary of each classification.
6.2. No classification now in existence, or that may be
hereafter created by the Commission and adopted by the Denton
City Council shall be filled except by examination held in
accordance with these Rules and Regulations.
CIVIL SERVICE RULES $ REGULATIONS - PAGE 4
6.3. All persons in each classification shall be paid the
same base salary, as well as any other type of pay to which they
may be entitled as authorized by the Denton City Council or
otherwise prescribed by law.
6.4. The heads of the Fire and Police Departments may
designate some person from the next lower classification to fill
a position in a higher classification temporarily, but any such
person so designated by the Head of the Department shall be paid
the base salary of such higher position plus the person's own
longevity pay during the time he or she performs the duties
thereof. The temporary performance of the duties of any such
position by a person who has not been promoted in accordance with
the provisions of these Rules and Regulations shall never be
construed to promote such person.
: ECTION 7
HEADS OF FIRE $ POLICE DEPARTMENTS
7.1. Firefighters and Police Officers shall be classified as
above provided, and shall be under civil service protection as
defined in these Rules and Regulations except the Chiefs or Heads
of the Denton Fire and Police Department.
7.2. The heads of the Fire and Police Departments shall be
appointed by the Chief Executive and confirmed by the City
Council.
7.3. When the services of the Chiefs or leads of the Fire or
Police Departments are terminated as such and they are removed as
such department heads, they shall be reinstated in the respective
department and placed in a position no lower than the rank they
held at time of appointment, and shall retain all rights of
seniority in the department; provided, that should such
9epartment head be charged with an offense in violation of Civil
Service Rules, and be dismissed from the public service, or be
discharged from his position, he shall have the same rights and
privileges of a hearing before the Commission, and in the some
manner cnd under the same conditions as may classified employees;
and if the Commission should find such charges to be untrue, or
unfounded, said employee shall thereupon immediately be restored
to the department as above provided, and said employee shall
enjoy all the rights and privileges thereunder according to
seniority, and shall be paid his full salary for the time of
snapension.
CIVIL SERVICE RULES 4 REGULATIONS - PACE 5
7.1, No person shall be eligibig for appointment as chief or
head of the Denton Fire Department who is not eligible for
certification by the Texas Commission on Fire Protection
Personnel Standards and Education at the intermediate level or
its equivalent as determined by that State Commission, and who
has not served at least five (5) years as a fully-paid
Firefighter.
7.5. No person may be eligible for appointment as Chief or
Head of the Denton Police Department who is not eligible for
certification by the Texas Commission on Law Enforcement Officer
Standards and Education at the intermediate level or its
equivalent as determined by that State Commission, and who has
not served as a bona fide law enforcement officer for five (5)
years.
SECTION 8
MINIMUM REQUIREMENTS OF POLICE $ FIRE
8.1. The minimum requirements for each classification in the
Fire and Police Departments shall be set as stated in the
classification specification approved by the Commission, in
accordance with all applicable laws, and which shall be the same
for all applicants for each position.
SECTION 9
STATUS OF PRESENT EMPLOYEES
9.1, All Firefighters and Police Officers employed by the
City of Denton at the time of the adoption of these Rules and
Regulations shall retain the position, rank, and seniority
ratings then held, unless the position be abolished or the
employee be discharged, reduced in position or rank, promoted or
transferred, or leave the service of the City for any reason in
accordance with these regulations or provisions of the Firemen's
and Policemen's Civil Servir-.e Act or other applicable laws.
SECTION 10
NOTICE OF ENTRANCE EXAMINATION
10.1. At least ten (10) days in advance of any entrance
examination, the Director shall cause to be posted on a bulletin
board located in the main lobby of City Hall, the office of the
CIVIL SERVICE RULES $ REGULATIONS - PAGE 6
f
Commission, and may also cause to be posted on bulletin boards in
the Fire and Police Departments, and ii; plain view, a notice of
such examination.
10.2. Such notice shall show the position to be filled or for
which the examination is to be held, with date, time, and place
thereof, as well as the minimum qualifications established for
the position by the Commission, and the deadline for rdceiving
applications to take the examination.
SECTION 11
APPLICATIONS FOR ENTRY-LEVEL POSITIONS
11.1. All applications for entry-level positions in the Fire
Department and Police Department mus': be signed in the hand-
writing of the applicant upon the application forms prescribed by
the Commission.
11.2. The Director is authorized to require any necessary
documents or communications regarding the qualifications or
merits of any candidate or applicant for an entry-level
position. Any sueh documents or communications may be required
to be verified.
11.3. The Commission may refuse to examine, or after
examination, to certify as eligible, any applicants found to lack
any of the established minimum qualifications for the position
for which the applicant applies, or who is without good moral
character; or unfit mentally or physically f %r performance of the
duties of the position to which the applicant seeks employment;
or addicted to or habitually uses barbiturates, narcotics, or
intoxicating beverages to excess; or has been found guilty of any
felony or misdemeanor it.volving moral turpitude or disgraceful
conduct; or has been dismissed from public service for
delinquency or misconduct; or has intentionally made a false
statement of any material fact in the application, or has
practiced or attempted to practice any deception or fraud in the
application, the examination, or in securing his or her
eligibility for appointment; or whose character, in the opinion
of the Commission, is temperamentally unsuited for the position
sought.
11.4. Applications for entry-level positions in the Fire or
Police Departments must be filed in the office of the Director
during regular office hours and not later than the listed closing
date on announcements of entrance examinations.
CIVIL SERVICE RULES 6 REGULATIONS - PAGE 7
11.5. Any employee who leaves the classified service of the
;Fire or Police Department voluntarily or o*_he:wise, shall not, if
subsequently reappointed, be entitled to the restoration of any
previous seniority.
SECTION 12
ENTRANCE EXAMINATION FOR ELIGIBILITY LIST
12.1. All -ntry-le,,Pel vacancies in the Fire Department and
Police Department shall be filled after open, competitive, and
free examinations are given to all persons making proper
application and meeting the minumum requirements for those
positions as established by the Commission.
12.2. Entrance examinations shall be scheduled and conducted
as needed by the Director, who may call in technical advisors
when he or she deems it practical to do so.
12.3. All entrance examinations shall be impartial,
practical, and designed to test the relative qualifications and
fitness of each applicant to successfully discharge the duties of
the particular classification to be filled.
12.4. Entrance examinations shall be taken in the presence of
all applicants for such position, providing that Fire Department
entrance examinations may be given at different locations If all
applicants are given the same examination and examined in the
presence of other applicants. An applicant may not take an
examination unless at least one (1) other applicant being tested
is present.
12.5. An applicant may not take an entrance examination more
than once for each eligibility list established.
12.6. An applicant who has served in the armed forces of the
United States and who received an honorable discharge shall
receive five (5) points in addition to his or her competitive
grades.
12.7. The Commission shall keep all eligibility lists for
applicants for original positions in the Fire or Police
Department in effect for not less than six (6) months nor more
than twelve (12) months unless the names of all applicants have
been referred to the appropriate department.
CIVIL SERVICE RULES $ REGULATIONS - PAGE 8
12.8. The Commission shall give a new examination at the end
of the t,+elve (12) m^nth period cr sootier, if applicable, or if
all names on the list have'
ave been referred to the appropriate
department.
12.9. The Commission shall determine how long each
eligibility list shall remain in effect within the six (6) to
twelve (12) month period and shall include this information on
the eligibility announcement.
12.10. When the Fire or Police Department is unable to
recruit qualified employees in those Departments because of the
maximum age limit provided by the Firemen's and Policemen's Civil
Service Act, and the Denton City Council finds that such
condition constitutes an emergency, then the Commission shall
recommend to the City Council the temporary employment of persons
in the Fire and Police Departments who are over the age of
thirty-five (35) years, provided that such persons shall:
(a) Be designated as "temporary" employees;
(b) Be ineligible for pension benefits;
(c) Be ineligible for appointment or promotion
when one or more permanent applicants or
employees are available;
(d) Be ineligible to become full-fledged Civil
Service employees.
(e) Be terminated before any permanent Civil
Service employee is terminated pursuant to
Section 25 of these Rules and Regulations.
SECTION 13
PHYSICAL EXAMINATIONS
13.1. Appropriate physical examinations shall be required
of all applicants for beginning or promotional pgositions prior
to appointment, and the examinations shall be given by a
physician appointed by the Cominission and paid by the City of
Denton. In the event of rejection by such physician, the
applicant may call for further examination by a board of three
(3) physicians appointed by the Commission, but at the expense
of the applicant, whose findings shall be final.
CIVIL SERVICE RULES & REGULATIONS - PAGE 9
13. 2. When a question arises as.to whether a Firefighter or
Police Officer is sufficiently phys';cally fit to continue his
or her duties, the employee shall ,ubmit a re-lort from his or
her personal physician to the Commission. If the Commission,
the head of the department, or the employee questions the
report, the Commission shall appoint a physician to examine the
employee and to submit a report to the Commission, to the head
of the department, and to the employee. If the appointed
physician's report disagrees with the report of the employee's
personal physician, the Commission shall appoint a board of
three (3) physicians to examine the employee. Their findings
as to the employee's fitness for duty shall determine the
issue. The cost of the services of the employee's personal
physician shall be paid by the employee. All other costs shell
he paid by the City of Denton.
13.3. A Firefighter or Police Officer who has been
certified by a physician selected by the appropriate relief or
retirement fund as having recovered from a disability for which
he or she has been receiving a monthly disability pension
small, with the approval of the Commission and if otherwise
qualified, be eligible for reappointment to the classified
position that he or she held as of the date that he or she
qualified for a monthly disability pension.
SECTION 14
METHOD OF FILLING ENTRY-LEVEL POSITIONS
14.1. When an entry-level vacancy occurs in the Fire
Department or Police Department, the head of the department
shall request in writing from the Commission the na;nes of
suitable persons from the eligibility list, and the Director
shall certify to the Chief Executive of the City of Denton the
names of three (3) persons having the highest grades on the
eligibility list, and the Chief Executive shall thereupon make
an appointment from the said three (3) names.
14.2. The entry-level appointment shall 'be of the person
with the highest grade, except there be a valid reason why such
appointment should be given to the person making the second or
third highest grade. Whenever such appointment is made of a
person not holding the highest grade, such reasons shall be
reduced to writing and filed with the Commission, and there
shall be set forth plainly and clearly good and sufficient
reasons why said appointment was not made to the person holding
CIVIL SERVICE RULES & REGULATIONS - PAGE 10
r
the highest grade. Each person with the hiohpst grade who is
not certified foi appointment shall receive a copy of the
reasons therefor as filed with the Commission.
14.3. All entry-level vacancies shall be filled by
permanent appointment from eligil-'•lity lists furnished by the
Commission within sixty (60) days after such vacancy occurs.
If no list is in existence, the vacancies shall be filled from
a list which the Commission shall provide within ninety (90)
days after the vacancy occurs.
SECTION 15
CERTIFICATION OF ENTRY-LEVEL EMPLOYEES
15.1. Whenever a person is certified and appointed in the
Fire Department or Police Department, the Director shall
forward a record of the person so certified and appointed to
the head of the department, forward a similar copy to the Chief
Executive, and retain a copy in the Civil Service files.
15.2. The record forwarded shall show:
(a) The date notice of examination was posted;
(b) Date on which person certified took
examination to be place3 on eligibility list;
(c) Name of person or persons conducting
examination;
(d) Relative position of person on eligibility
list;
(e) Date when person certified took physical
examination;
(f) Name of physician making examination and
information as to whether or not applicant
was accepted or rejected;
(g) Date on which request for filling such
vacancy was made;
(h) Date on which applicant was notified to
report for duty;
(i) Date on which applicant's pay is to start.
CIVIL SERVICE RULES B REGULATIONS - PAGE 11.
15.3- An eligible candidate for entry-level *anp,)intment
shall refer to the department head his or her acceptance of an
offer of appointment within forty-eight (38) hours after
receipt of notice of such appointment, unless for a valid
reason approved by the Commission, an extension of time is
given. Should the eligible candidate fail to notify the
department head of acceptance within the time allotted herein
or within the time given in an extension by the Commission,
said eligible individual shall bs deemed to have declined the
appointment and the person's name shall be stricken from the
register.
SECTION 16
IN-SERVICE ENTRY-LEVEL TRAINING
16.1 All applicants certified and accepted for employment
shall be required to attend and successfully complete an
in-service training school conducted by or through the Fire
Department or Police Department prior to completing their
probationary period.
16.2 Upon completion of said school, applicants shall be
required to take a written examination given by competent
instructors in or through the Fire or Police Department, and
such examination shall be based on the subject matter taught in
such school.
16.3. The results of such examination shall be furnished to
the Commission and to the head of the Fire or Police Department
to be considered in the evaluation of experience and training
of the Firefighter or Police Officer taking the examination. A
record of this grade will be posted in the Civil Service files.
SECTION 16
PROL WIONARY PERIOD
17.1. A person who has received appointment to the Fire
Department or Police Department hereunder shall serve a
probationary period of one (1) year from date of employment
with the Department as a Firefighter, Police Officer, or
trainee in an academy.
17.2. During such probationary period, it shall be the duty
of the head of the Fire Department or Police Department to
w
CIVIL SERVICE RULES $ REGULATIONS - PAGE 12
discharge all Firefighters or Police Officers whose
AppointRe:tc were no' tegulat, oL nut made in compliance with
the provisions of these Rules and Regulations, or of the
Firemen's and Policemen's Civil Service Act, or who has failed
to make a satisfactory grade during in-service training, and to
eliminate from the payroll any such probationary employee.
17.3. It shall also he the duty of the head of the Fire
Department or Police Department to carefully inspect and
observe the work of each probationer in the department and
remove from the payroll any Firefighter or Police Officer who
does not demonstrate proper qualifications and fitness for the
position to which he or she has been appointed.
17.4. When Firefighters or Police Officers have
successfully served and completed the full probationary period,
having been appointed in substantial compliance with these
Rules and Regulatiuns, they shall automatla.ally become
full-fledged civil service employees and shall have full civil
service protection.
17.5. An employee who is on probation may not be prohibited
from joining or be required to join an employee organization.
Joining or not joining an employee organization is not a ground
for retention or non-retention of an employee who is serving a
probationary period.
SECTION 18
PROMOTIONS
18.1. Promotional examinations shall be open to all persons
who meet the following provisions:
(a) Police Officers who have held a continuous
position in the Denton Police Department for
two (2) years or more immediately prior to
the date of the examination In the next tower
classification or other positions specified
by the Commission.
(b) Firefighters who have hold a continuous
position in the Denton Fire Department for
two (2) years at any time prior to the
examination in the next lower position or
other positions specified by the Commission.
CIVIL SERVICE RULES 4 REGULATIONS - PAGE 13
18.2. When there is not a sufficient number of members in
the next lower p sition with tfvo (2) years ycrv:ce in that
position to provide an adequate number of persons to take the
examination, the Commission shall extend the examination to
members in that position with less than two (2) years service.
If ti.-re is still an insufficient number, the Commission may
extend the examination to the members in the second lower
position in base salary to that for which the examination is to
be held.
18.3. At least thirty (30) days in advance of any
examination for promotion, the Director shall cause to be
posted on a bulletin board located in the main lobby of City
Hall, in the office of the Commission, and may also cause to be
posted on the bulletin boards in the Fire and Police
Departments, and is plain view, a notice of such examination.
Such notice shall show the position to be filled or for which
the examination is to be held, with date, time, and place
thereof, as well as the minimum qualifications established for
the position. by the Commission, and the deadline for receiving
applications to take the examination.
18.4. All 'promotional examination questions shall be taken
from source materials that are listed in a notice posted by the
Director at least thirty (30) days before the date of the
examination. The questions shall be prepared so as to test the
knowledge of the applicants concerning information and facts,
and all of said questions shall be based upon the duties of the
position sought and upon any study courses given by
departmental schools of instruction. The sources shall be
approved by the heads of the Fire and Police Departments and
any Firefighter or Police Officer may suggest source materials
for promotional examinations. The source materials shall be of
reasonably current publication and shall be made reasonably
available to all members of the Fire or Police Department
involved.
18.5. All applicants shall be given an identical
examination in the presence of each other, which promotional
examination shall be entirely in writing and no part of which
shall be by oral interview, and all of the questions asked
therein shall be prepared and composed in such a manner that
the grading of the examination papers can be promptly completed
immediately after the holding of the examination. All
examination papers shall be graded at the place where the
examination is given and in the presence of any applicants who
wish to remain during the grading.
CIVIL SERVICE RULES 4 REGULATIONS - PAGE 14
18.6. The final results of each examination for promotion
shall, be posted on a bulletin board located in the main lobby
of the City Hall by the Director within twenty-four (24) hours
after such examination,
18.7. The Director shall be responsible for the preparation
and security of all promotional examinations, and may call in
technical advisors when deemed practical. The fairness of the
competitive promotional examinations is the responsibility of
the Commission, the Director, and any municipal employee
involved in the preparation or administration of the
examination. No person shall knowingly or intentionally reveal
any part of a promotional examination to an unauthorized person
nor shall a person knowingly or intentionally receive from an
unauthorized person any part of a promotional examination, such
acts constituting a misdemeanor and punishable under the
Firemen's and Policemen's Civil Service Act.
18.8 Each Firefighter shall be given one (l) point for
each year of seniority In the Fire Department, and each Police
Officer shall be given one (1) point for each year of seniority
as a classified Police Officer in the Police Department, no
points for either Firefighter or Police Officer to exceed ten
(10) points.
18.9. The grade which shall be Placed on the eligibility
list for each promotional applicant shall be computed by adding
such applicant's points for seniority to his or her grade on
the written examination. Grades on such written examinations
shall be based upon a maximum grade of one hundred (100) points
and shall be determined entirely by the correctness of each
applicant's answers to such questions. The minimum passing
score for the written examination shall be seventy (70) points.
18.10. Each applicant for promotion, within five (S) days
after the posting of the results of an examination' for
promotion, shall have one (1) opportunity to examine the source
materials, his or her examination, and his or her answers
thereto together with the grading thereof, and if dissatisified
shall, within five (S) working days, appeal the same to the
Commission for review in accordance with the provisions of
these Rules and Regulations. The promotional eligibility list
rated pursuant to an examination for promotion shall not be
posted until after all appeals are heard and determined by the
Commission. In the event ro appeals are filed within ten (10)
day, immediately following the posting of the results of an
CIVIL SERVICE RULES & REGULATIONS - PAGE 1S
examination for promotion, a Cromotional eligibility list shall
be posted within a reasonable time, and the list and standings
may not be altered.
18.11. No person with less than four (4) years actual
service :.n the Fire or Police Department shall be eligible for
promotion to the rank of Fire or Police Captain or its
equivalent.
18.12. The requirement of two (2) years service for a
promotional examination shall not apply to those persons
recalled on active military duty for a period not to exceed
twenty-four (24) months, and such persons shall be entitled to
have time spent on active military duty considered as duty in
the department concerned for purposes of eligibility for
promotion. However, any person whose absence for active
military duty exceeds twelve (12) months shall be required to
serve ninety (90) days upon returning to the department before
he or she shall become eligible to participate in a promotional
examination, such period of time to be considered essential for
becoming up-to-date on equipment and techniques.
M
18.13. Upon written request by the heads of the Fire or
Police Department for a person to fill a promotional vacancy In
any classification, the Commission shall certify to the head of
the department the three (3) names having the highest grades on
such eligibility list for such classification for the vacancy
requested to be filled. If fewer than three (3) names remain
on the eligibility list, all the names shall be submitted to
the head of the department; and the head of the department
shall appoint the person having the highest grade, except where
such head of the department shall have a valid reason for not
appointing such highest nave, and in such cases the head of the
department shall, before such appointment, file his reasons in
writing for rejection of the higher name or names with the
Commission, which reasons shall be valid and subject to review
by the Commission upon the application of such rejected person.
18.14. The name of each person on a promotional eligibility
list shall be submitted to the head of the department three (3)
times; and if passed over three (3) times with written reasons
filed thereafter and not set aside by the Commission, the
person shall thereafter be dropped from the eligibility list.
18.15. All promotional eligibility lists shall remain in
existence for one (1) year unless exhausted, and at the
expiration of one (1) year they shall expire. The Commission
CIVIL SERVICE RULES F, REGULATIONS - PAGE 16
shall order promotional examinations to be given as ofter rs
deemed necessary, and such examinations shall be conducted by
the Director as provided herein.
18.16. The Commission shall proceed to hold examinations to
create promotional eligibility lists within ninety (90) days
after a vacancy in any classification occurs, or new positions
are created, unless an eligibility list exists. If an
eligibility list exists, the Commission shall certify within
ten (10) days after notification of the vacancy to the head of
the department the names of persons eligible to fill all
promotional positions. The certified names must come from the
eligibility list which exists on thy- date the vacancy occurs.
All promotional vacancies shall be filled by permanent
appointment from eligibility lists furnished by the Commission
within sixty (60) days after such vacancy occurs. If nn list
is in existence, the vacancies shall be filled from a list
which the Commission shall provide within ninety (90) days
after the promotional vacancy occurs.
18.17. In the event any new classification is established
either by name or by increase of salary, the same shall be
filled by competitive examination in accordance with these
Rules and Regulations.
18.18. All persons who are ordered promoted and who accept
promotional advancement as a result of this Section shall he
required to flake an appropriate physical examination prior to
said appointment, to be given by a physician appointed by the
Commission and paid by the City of Denton. In the event of
rejection, tl.c person may follow the procedure described in
Section 13.1.
18.19. A written request by a Firefighter or Police Officer
who occupies the highest position on an existing eligibility
list, addressed to the head of the department, asking to be
passed over for promotional appointment to a vacant position,
shall constitute a valid reason for the head of the department
to reject such person or appointment, and if a person is
rejected for appointment at his or her own request, the head of
the department shall file a written statement to that effect
with the Commission, together with a copy of said req hest. Any
such person who is passed over at his or oer own request shall
have no right or preference to any future duty assignment
granted by or inferred from the action of the head of the
CIVIL SERVICE RULES 6 REGULATIONS - PAGE 17
department in passing over the Firefighter or Police Officer at
his or'ni r own request.
SECTION 19
EFFICIENCY REPORTS
19.1. On forms approved by the Commission, the heads of
the Fire Department and Police Department shall evaluate the
performance and efficiency of each classified employee of the
Denton Fire and Police Departments on a sehii-annual basis.
19.2. The efficiency reports shall reflect observed
performance of classified employees in the periods January
through June and July through December, such reports to be
transmitted to the office of the Director cn the final working
day of January and the final working day of July.
19.3. Performance or efficiency standards shall be
established in each classified rank and position End the
immediate supervisor or supervisors shall evaluate separately
each Firefighter and Police Officer and submit the evaluation
to the head of the department for approval or disapproval. The
heads of the Fire an3 Police Departments shall then submit the
reports to the Commission.
19.4 The Commission shall forward a copy of the
performance or efficiency report to each Firefighter or Police
Officer evaluated.
19.5. Any Firefighter or Police Officer may, within ten
(10) days after receiving his or her efficiency report, make a
statement in writing abe) ut the efficiency report. Such
statement shall be placed in the person's personnel file with
the particular efficiency report.
SECTION 20
CAUSES FOR REMOVAL OR SUSPENSION
20.1. No Firefighter or Police Officer shall engage in, or
be involved in, any of the following acts or conduct, and the
same shall constitute cause for removal from service or
suspension of a Firefighter or Police Officer:
(a) Conviction of a felony or other crime
involving moral turpitude;
CIVIL S'ERVICE RULES g REGULATIONS - PAGE 18
(b) Any violation of the provisions of the
Charter of the City of Denton;
(c) Acts of Incompetency:
(d) Neglect of Duty;
(e) Discourtesy by said employee to the public
or to fellow employees while said employee
is in line of duty.
(f) Acts of said employno showing a lack of
good moral character;
(g) Drinking of intoxicants while on duty, or
intoxication while off-duty;
(h) Conduct prejudicial to good order;
(i) Refusal or neglect to pay just debts;
(j) Absence without Leave;
(k) Shirking duty or cowardice at fire.4;
(1) Violation of any of the rules and
regulations of the Fire Department or
Police Department, or of special orders, as
applicable.
20.2. All Firefighters and Police Officers are required to
sign for and keep in their possession a copy of the Rules and
Regulations of their department.
20.3. Ignorance of the Rules and Regulations or special
orders of the Fire Department or the Police Department shall
not be an excuse for their violation.
SECTION 21
TEMPORARY SUSPENSIONS
21.1. The head of either the Fire or Police Department
shall have the power to temporarily suspend any Firefighter or
Police Officer un er his jurisdiction or supervision for
disciplinary purposes,' for reasonable periods, not to exceed
fifteen (15 calendar days.
CIVIL SERVICE RULES 6 REGULATIONS - PAGE 19
MEN
21.2. In the case of temporary suspension, the department
head shall file with the Commission within one hundred twenty
(120) hours a written statement of action. Failure to file
said statement with the Commission within one hundred twenty
(120) hours shall void the suspension and the employee shall be
entitled to his or her full salary.
21.3. Upon appeal from the suspended Firefighter or Police
Officer, the Commission shall hold a public hearing and shall
determine whether just cause exists therefor.
21.4. If the Commission finds that the period of
disciplinary suspension should be reduced, it may order a
reduction in the period of suspension.
21.5. The Commission shall have the power to reverse the
decision of the department head and to instruct him immediately
to restore such employee to his or her position and to repay
the employee for any lost wages.
21.6. In the event the Commission orders that such
suspended employee be restored to his or her position as herein
provided, it shall be the duty of the depart,tent head
immediately to reinstate said employee as ordered, an.d in the
event the department head fails to do so, the employee shall be
entitled to his or her salary ust as though he or she hi,d been
regularly reinstated. In t~e event such department head
willfully refuses to obey the orders of reinstatement of the
Commission, and such refusal persists for a period of ten (10)
days, it shall be the duty of the Chief Executive of the City
of Denton or the Denton City Council to discharge such 1
department head from his employment with the City. 1
21.7. The Commission may punish for contempt any department
head who willfully refuses to obey any lawful order of
reinstatement of the Commission, and such Commission shall have
the same authority herein to punish for contempt as has the
Justice of the Peace.
SECTION 22
DEMOTIONS
22.1. Whenever the head of the Fire Department or Police
Department may desire the demotion to a lower rank of a Fire-
fighter oa, Police Officer under his supervision or
CIVIL SERVICE RULES & REGULATIONS - PAGE 20
jurisdiction, such department hea-;~ may recommend in writing to
the Commission that such emp!oy-;e be so demoted, giving his
reasons therefor, and requesting that the Commission make such
order of demotion, furnishing a true copy of such
recommendation immediately, in person, to the employee to be
affected by such demotion.
22.2. The Commission shall have the authority to refuse to
grant such request for demotion.
22.3. If the Commission feels that probable cause exists
for said demotion, it shall give such employee ten (10) days
advance written notice to appear before the Commission at a
time and place specified in said written notice to the
employee, and said employee shall have the right to a full and
complete public hearing upon such proposed demotion. An
employee shall be demoted by the Commission if it decides that
the evidence presented supports the reasons stated by the
department head as submitted to the Commission.
SECTION 23
INDEFINITE SUSPENSIONS f, TERMINATION OF EMPLOYMENT
23.1. The head of the Fire Department or Police Department
shall have the power to suspend indefinitely any Firefighter or
Police Officer under his supervision or jurisdiction for the
violation of Civil Service rules.
23.2. In every such case, the department head making such
order of suspension shall, within one hundred twenty (120)
hours thereafter, file a written statement with the Commission
giving the reasons for such suspension, and lmmediatelY furnisA
a copy thereof to the Firefighter or Police Officer affected by
such act, said copy to be delivered in person to such suspended
Firefighter or Police Officer under the authority of said
department head.
23.3. The department head's order of indefinite suspension
shall not only point out the Civil Service rule alleged to have
been violated by the suspended employee, but shall contain the
alleged acts of the employee which the department head contends
are in violation of the Civil Service rules. It shall not be
sufficient for the department head merely to refer to the
provisions of the rules alleged to have been violated, an3 in
case the department head does not specifically point out the
CIVIL. SERVICE RULES f, REGULATIONS - PAGE 21
L
i
act or acts complained of on the part of such employee it shall
C be the duty of the Commission promptly to reinstate that
employee. Said order of suspension shall also inform the
employee that he or she has ten (10) days after receipt of a
copy thereof, within which to file a written appeal with the
Commission.
23.4. The Commission shall hold a hearing and render a
decision in writing within thirty (30) days after it receives
said notice of appeal. Said decision shall state whether or
not the suspended Firefighter or Police Officer shall be
permanently or temporarily dismissed from the Fire or Police
Department or be restored to his or her former position or
status in the classified service in the department.
23.5. In the event that such suspended employee is restored
to the position or class of service from which he or she was
suspended, such employee shall receive full compensation at the
rate of pay provided for the position or class of service from
which he or she was suspended, for the actual time lost as a
result of such suspension.
23.6. All hearings of the Commission in case of such
indefinite suspension shall be public,
23.7. In any Civil Service hearing conducted hereunder, the
department head is restricted to the original written statement
and charges, which shall not be amended, and no act or acts may
be complained of by said department head which did not happen
or occur within six (6) months immediately preceding the date
of suspension by the department head.
23.8. No employee shall be suspended or dismissed by the
Commission eacepFt for violation of the Civil Service rules and
except upon a finding of the Commission of the truth o? the
specific charges against such employee,
23.4. It shall be a violation of these Rules and
Regulations for the affected Firefighter or Police Officer to,
in any manner, evade or avoid the receipt of said copy of tt)
order o. immediate suspension.
23.10. In the event the department head willfully rsfuses
to obey an order of the Commission to reinstate an employee,
the same procedure and authority as defined herein in Sections
21.6 and 21,7 shall apply.
CIVIL SERVICE RULES 4 REGULATIONS - PAGE 22
23.11. Any member of the Fire Department or Police
Department whosa arploym.,_nc with the City of De„toi, is
voluntarily or otherwise terminated shall automatically lose
any rights and privileges held under these Rules and
Regulations and the Firemen's and Policemen's Civil Service Act.
SECTION 24
PROCEDURE BEFORE COMMISSION
24.1. In order for a Firefighter or Police Officer to
appeal to the Commission from any action for which an appeal or
review is provided under the terms of these Rules and
Regulations, it shall only be necessary for that employee to
file within ten (10) days with the Commission an appeal setting
forth the basis of his or her appeal.
24.2. The appeal shall include a statement denying the
truth of the charge as made, a statement taking exception to
the legal sufficiency of such charges, a statement alleging
that the recommended action does not fit the offense, or any
combination of the statements, and in addition, a request for a
hearing by the Commission.
24.3. In all hearings, appeals, and reviews of every kind
and character, wherein the Commission is ~+orforming an
adjudicatory function, the employee shall have the right to be
represented by counsel or any person of his or her choice. The
department head may also be represented by counsel.
24.4. Any hearing shall be held in conformity with good
order and decorum and as prescribed by the Commission, with the
time and place for all such hearings to be sot by the Commis-
sion. Commission hearings shall be administrative and as
informal as possible and the Commission shall not be restricted
to the strir;gency of criminal law nor the legal rules of
evidence or procedure required in a court of law, although any
witnesses may be placed under the rule,
24.5. An employee bringing an appeal before the Commission
may request the Commission to subpoena any hooks, records,
documents, papers, accr,unts, or witnesses that the employee
considers pertinent to his or her case. The request to have
materials subpoenaed must be mnde at least ten (1111 days before
the date of the hearing. If the Commission does not subpoena
the requested material, at least three (3) days prior to the
CIVIL SERVICE RULES & REGULATIONS - PAGE 23
hearing date, it shall make a written report to the employee
stating the reason it will n6t subpoena tnc requested material,
and this report shall be read into the public records of the
Commission hearing.
24.6. The Commission shall have the authority to issue
subpoenas and subpoenas duces tecum for the attendance of
witnesses and for the production of documentary material.
24.7. The Commission shall maintain a permanent public
record of all such proceedings with copies available at cost.
SECTION 25
REDUCTION OF FORCE
25.1. In the event that any position in the Fire
Department or Police Department is vacated or abolished by
ordinance of the Denton City Council, the classified employee
holding such position shall be demoted to the position next
below the rank of the position so vacated or abolished;
provided that when any position or positions of equal rank may
be abolished or vacated, the employee or employees with the
least seniority in the said rank shall be the one or ones who
are demoted. 6
25.2. In the event that it thereby becomes necessary to
demote an employee or employees to the position next below the
rank of the position so vacated or abolished, such employee or
employees as are involuntarily demoted without charges having
been filed against them for violation of Civil Service rules
shall be placed on a position reinstatement list in order of
their seniority. If any such position so vacated or abolished
is filled or re-created within one (1) year, the position
reinstatement list for such position shall be exhausted before
any employee not on such list is promoted to such pposition.
Promotions from the position reinstatement list shall be in the
order of seniority.
25.3. In the event positions in the lowest classifications
are abolished or vacated, and it thereby becomes necessary to
dismiss employees from the department, the employee with the
least seniority shall be dismissed, but such employees as are
involuntarily separated from the department without charges
having been filed against them for violation of Civil Service
rules, shall be placed on the reinstatement list in order of
CIVIL SERVICE RULES & REGULATIONS - PAGE 24
i
I their seniority. The reinstatement list shall be exhausted
before appointments are made from the eligibility list.
Appointments from the reinstatement list shall be in the order
of seniority. Those who shall have been on any such
reinstatement list for a period of three (3) years shall be
dropped from such list but shall be reinstated upon request
from the Commission, and providing they are certified to the
Commission by the Director as meeting the minimum requirements
to perform the duties cf a Firefighter or Police Officer.
SECTION 26
POLITICAL ACTIVITIES
26.1. Employees in the Fire Department or Police
Department shall not be permitted to take an active part in ayy
political campaign of another for an elective position of t.,e
City of Denton if they are in uniform or on active duty. The
term "active part" means making political speeches, passing out
cards, or other political literature, vriting letters, signing
petitions, actively and openly soliciting votes and making
public derogatory remarks about candidates for 4such elective
positions.
26.2. Firefighters and Police Officers are not required to
contribute to any political fund or render any political
service to any person or party whatsoever; and no person shall
be removed, reduced in classification or salary or otherwise
prejudiced by refusing to do so; and any official of the City
of Denton who attempts the same shall be guilty of violating
these Rulesg and Regulations and the Firemen's and Policemen's
Civil Service Act.
SECTION 27
LEAVE OF ABSENCE
27.1. The heads of the Fire Department and Police
Department shall grant reasonable leave of absence without pay,
to any Firefighter or Police Officer so requesting, provided
that a sufficient number of employees to carry out the normal
functions of the department shall be provided, for the purpose
of:
(a) Attending any fire or police school,
conventions, or meetings, the purpose of
which is to secure more efficient
CIVIL SERVICE RULES 4 REGULATIONS - PAGE 2S
departments and better working conditions
for the personnel thereof.
(b) Appearing before or petitioning the State
Legislature.
SECTION 28
MILITARY LEAVE OF ABSENCE
28.1. The Commission, on written application of a member of
the Fire or Police Department, shall grant military leave of
absence without pay to such member to enable him or her to
enter military service of the United States in any of its
branches. Such leave of absence may not exceed the compulsory
military service or the basic minimum enlistment period for
that branch of service. I
28.2. The Commissior shall grant a leave of absence to a
member of the Fire or Police Department for initial training or
annual duty in military reserves or the national guard. The
Commission shall grant such leave retroactively back to the
commencement of the Korean War.
28.3. Any such member receiving military leave of absence
hereunder shall be entitled to be returned to the position in
the department held by him or her at the time the leave of
absence is granted, upon the termination of his or her active
military service, provided he or she receives an honorable
Discharge and remains physically and mentally fit to discharge
the duties of that position; and further provided he or she
makes application for reinstatement within ninety (90) days
after his or her discharge. Upon being returned to said
position, such member shall receive full seniority credit for
the time spent in the military service.
28.4. During the absence from the department of any such
member to whom military leave of absence shall have been
granted by the Commission, the position in the department held
y such member shall be filled in accordance with the
provisions of these Rules and Regulations, subject to the
person filling such position being replaced by the member to
whom military leave of absence has been granted upon his or her
return to active duty with the department. Any person so
replaced and remaining with the d-apartment and by reason of
such replacement being returned to a position lower in grade or
CIVIL SERVICE RULES & REGULATIONS - PAGE 26
compensation shall have a preferential right for subsequent
appointment or promotion to the same or similar position of
that from which he or she has been replaced over any
eligibility list for such position, provided he or she remains
physically and mentally fit to discharge the duties of such
position.
SECTION 29
STRIKIN
29.1. In accordance with the Firemen's and Policemen's
Civil Service Act, no Firefighter or Police Officer may engage
in any strike against the department by which they are
employed, such conduct defined as a criminal misdemeanor, and
any such employee who has been convicted of such act shall be
automatically released and discharged from the Fire or Police
Department and shall thereafter be ineligible to receive any
pay or compensation out of any public funds provided for the
support of such Police or Fire Department.
SECTION 30
SICK LEAVE
30.1. Permanent and temporary Firefighters and Police
Officers shall be allowed a total of sick leave with full pay
computed upon a basis of one and one-fourth (1-1/4) full
working days allowed for each full month employed in a calendar
year, so as to total fifteen (15) working days to an employee's
credit each twelve (12) months. Employees shall be allowed to
accumulate fifteen (15) working days of sick leave with pay in
one (1) calendar year.
30.2. Sick leave with pay may be accumulated without limit
and may be used while an employee is unable to work because of
any bona fide illness. In the event that the said employee can
conclusively prove that the illness was incurred while in
performance of his or her duties, an extension of sick leave in
case of exhaustion of time shall be granted.
30.3. In the event that a Firefighter or Police Officer for
any reason leaves the classified service, he or she shall
receive, in a lump sum payment, the full amount of his or her
salary for the period of his or her accumulated sick leave up
to a maximum of ninety (90) days, the rate of payment based on
CIVIL SERVICE RULES F, REGULATIONS - PAGE 27
J
the highest permanent c]Pssificati,)p of pay far which tho
employee was eligible during the last six (6) months of
employment,
30.4. If an active Firefighter Police Officer dies as a
result of a line of duty injury or line of duty illness, the
entire amount of his or her accumulated sick leave shall be
paid as herein described. In order to facilitate the
settlement of the accounts of deceased employees of the Fire or
Police Departments, all unpaid compensation due such employee
at the time of his or her death shall be paid to the person or
persons surviving at the date of death, in the following order
or precedence and such payments shall be a bar to recovery by
any other person of amounts so paid:
(a) First, to the beneficiary or beneficiaries
designated by the employee in writing to
r(ceive such compensation filed with the
Commission prior to the employee's death;
(b) Second, if there be no such beneficiary, to
the widow or widower of such employee;
(c) Third, if there be no such beneficiary or
surviving spouse, to the child or children
of such employee, and descendants of
deceased children, by representation;
(d) Fourths if none of the above, to the parents
of such employee, or the survivor of them;
(e) Fifth, if there be none of the above, to the
duly appointed legal representative of the
estate of the deceased employee, or If there
be none, to the person or persons determined
to be entitled thereto under the law of
descent and distribution of the State of
Texas.
30.5. Accumulated sick leave shall be for the sole
purpose of permitting a classified employee to be relieved
of duties daring actual illness and may not be used under
any other circumstances. The existence of such illness
shall be verified when requested by a department head by a
medical. statement from the employee's licensed physician.
No Firefighter or Police Officer shall work for another
employer while on sick leave, nor may a Firefighter or
CIVIL SERV-CE RULES 6 REGULATIONS - PAGE 28
Police Officer work for another employee as long as that
employee has accumulated sick leave to his or her credit.
SECTION 31
LINE OF DUTY ILLNESS f, INJURY LEAVE
31.1. The Fire Department and Police Department shall
provide injury leaves of absence and line of duty illness
leaves of absence for Firefighters and Police Officers
with full pay for periods of time commensurate with the
nature of the line of duty Illness or injuries for at
least one (1) year.
31.2. If there are no pension benefits available, nor
any extension by the Denton City Council of such leave of
absence at full or reduced pay, to an employee who is
temporarily disabled by a line of duty injury or illness
and the year at full pay and any previous extensions which
may have been granted have expired, the employee may use
accumulated sick leave, vacation time, and other accrued
benefits before being temporarily placed on leave.
31.3. If an employee is temporarily disabled by an
injury or illness not related to the employee's line of
duty, the employee may use all sick leave, vacation time,
and any other time the employee may have accumulated
before being placed on temporary leave.
31.4. After recovery from a temporary disability, a
Firefighter or Police Officer shall be reinstated at the
same rank and with the same seniority the person had
before going on temporary leave. Another virefighter or
Police Officer may voluntarily do the work of an injured
or ill Firefighter or Police Officer until he or she
returns to duty.
31.5. Proof that injury occurred and that it resulted
in line of duty shall be established to the satisfaction
of the department head prior to approval of any such leave
of absence.
SECTION 32
VACATION LEAVE
32.1. All Firefighters and Police Officers shall earn
CIVIL SERVICE RULES 6 REGULATIONS - PAGE 29
i
a minimum of fifteen (15) working days vacation with pay
in each year.
32.2. In computing the length of time during which a
Firefighter or Police Officer may be absent from work for
the vacation provided by this Section, only those calendar
days during which the member would be required to work if
he or she were not on vacation shall be counted as
vacation days.
32.3. Vacation leave may not be accumulated from year
to year.
CIVIL SERVICE RULES & REGULATIONS - PAGE 30
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AGREEMENT
This AGREEMENT ("Agreement"), made and entered into
this day of July, 1980, by and between the CITY OF
vENTON, TEXAS, a municipal corporation (hereinafter referred
to as the "City"), and DENTON MALL COMPANY, a Texas limited
partnership (hereinafter referred to as "Developer").
W I T N E S S E T H:
WHEREAS, Developer is constructing an enclosed mall
regional shopping center in the northeast quadrant of the
intersection of Interstate Highway 35-E and State Highway
Loop 288, in the City of Denton, Denton County, Texas (the
"Shopping Center"); and
WHEREAS, retail business operations in the shopping
Center are currently scheduled to open to the general public
on or about August, 1980; and
WHEREAS, the City has determined that the existing
rwi Away system immediately adjacent to the shopping Center
will be insufficient to adequately move, control and main-
tain the amount of traffic that will be seeking access to
and from the Shopping Center when the same is cpen for
•
business to the general public; and
WHEREAS, the Developer has agreed to cause certain
roadway improvements to be constructed adjacent to said
Shopping Center at its expense, if the City would agree to
bear and pay certain expenses in connection with said
roadway improvements; and
WHEREAS, the City, by Agreement dated April 10 1980,
has agreed to bear and pay certain expenses with regard to
said roadway improvements, and the parties desire to recite
and memorialize Developer's agreement to bear and pay for
certain roadway improvements to be constructed by the,
Highway Department of the State of Texas.
1/1/80
uA
NOW, THEREFORE, in consideration of the above and
foregoing and the mutual covenarts and agreements contained
r
herein, the sufficiency of all of which is hereby acknow-
ledged, the City and the Developer,hareby agree as follows:
1. Developer agrees to bear and pay for all costs and
expenses (including necessary design and engineering fees
heretofore paid by Developer) for the construction a "Texas
U-Turn" at the intersection of Interstate Highway 35-E and
Loop 288 within existing rights-of-way. Said Texas U-Turn
has been designed by the Highway Department of the State of
Texas (with the cost thereof being borne by Developer), to
facilitate access to said Shopping Center from the south-
bould traffic lanes of Interstate Highway 35-E, and City has
'heretofore approved said design, as has Developer.
2. Pursuant to the above-referenced design of said
Texas U-Turn (being the plans entitled State Of Texas, State
Department of Highways and Public Transportation, Plans
of Proposed State Hlyhwyy Ineprovements, Project C ls5 I ,
IH35E, Derton County, Location: Turnaround at Loop 288),
the Highway Department of the State of Texas has estimated
the total project cost to be $4380300.00. it is the agree-
ment of Developer and City that Developer will bear all
costs and expenses charged by the Highway Department of the
State of. Texas for the construction of said Texas U-Turn,
and reveioper herewith delivers to City the P.LLI Cf $438,300.00,
the receipt of which is he.reoy acknowledged by the City.
City agrees to immediately pay said funds to the Highway
Department of Texas in advance payment of all estimated costs
for tra construction of said Texas U-Turn, as required by
the Highway Department of the State of Texas as a condition
precedent to the letting of the bids. In the event that the
'Cost of construction exceeds $438,300.00, Developer agrees
~o pay the excess of said actual cost to the City, and City
7/1/80 - 2 -
agrees to immediately pay said funds to the Highway Depart-
ment of the State of Texas.
3. In the event that the actual cost of the Texas U-
Turn is less than the estimated amount, or in the event that
the Highway Department of the State of Texas requires
additional funds which are paid by Developer, but which are
not used for the construction of said T%xas U-Turn, Developer
shall be entitled to, and shall receive all refunds from the
Highway Department of the State of Texas, and any funds so
delivered to City by the Highway Department of the State of
I
Texas will be immediately delivered to Developer.
4. Both City and Developer agree to fully cooperate
with the other and to use their best efforts to cause all
design, payments, bid letting and construction contem-
plated hereunder to be completed as soon as possible.
5. This Agreement constitutes the complete agreement
of the parties, and there are no representions or modifi-
cations not a part hereof.
6. This Agreement may only be amended by written
instrument executed by both Developer and City.
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement as of the day and year first above written.
CITY OF DENTON,/TEXAS
ATTEM By A, A -a AA~ft
77 Ala y
Secretary '
Approved as to legal form byt
C
ty Att rney
DENTON HALL COMPANY, a Texas
limited artnership
By ton Devleopers, a Texas
lima d partn ship, General
Par
By
t ert Simone Gevera_I'Partner
7/1/60 3 -
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MMMMMMMM,
No. 006. S
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE
CONTINUANCE OF AD VALOREM TAXATION ON ALL AUTOMOBILES THAT A FAMILY
OR INDIVIDUAL OWNS AND DOES NOT HOLD OR USE FOR PRODUCTION OF
INCOME; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Texas Legislature has passed H.B. 1060 which
includes the comprehensive implementation of the 1978 "Tax Relief
Amendment" approved by Texas voters in November of 1978; and
WHEREAS, the provisions of Article 5 of H. B. 1060 permit the
governing body of a taxing unit to continue the ad valorem taxationi
of all automobiles, as defined by Section 2, Uniform Act Regulating,
Traffic on Highways, as amended (Article 6701d, V.A.T.S.), that a
famil-,- or individual owns and does not hold or use for production of
income; and
WHEREAS, the City of Denton, Texas presently taxes all such
automobiles within its corporate limits; and
WHEREAS, the City Council of the City of Denton, Texas, after
careful consideration of the matter has determined that the City of
Denton should continue to carry all such automobiles on its tax
rolls for the 1980 tax year as allowed by Article S of H.B. 1060
(Section 25, Property Tax Code V.A.T,S.);
NOW, THEREFORE, 9HE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
HEREBY ORDAINS:
SECTION I.
That the exemption from ad valorem taxation on all automobiles
that a family or individual owns and does not hold or use for
production of income provided for under Article 5 of H. B. 1060
{Section 25, Property Tax Code V.A.T.S.) shall not apply to the City
of Denton, Texas Tax Rolls for the 1980 tax year.
SECTION II,
That the City of Denton, Texas shall continue an ad valorem tax
for the 1980 tax year on all automobiles within its corporate limits
thAt a family or individual owns and does not hold or use for
production of income.
SECTION III.
That due to the importance of th~s legislation and the deadline
for passage imposed by this Act reates an emergency in the
preservation of the public health, safety and welfare, and it
requires that this ordinance shall take effect immediately from and
after its passage, as the law in such cases provide.
PASSED AND APPROVED this the day of , A. D,
19.49.
*CITO4FD INTONj TEXAS
ATT '
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OL , CITY SECRETARY
CITY OF DIJNTON, TEXAS
APPROVED AS TO LEGAL FORM:
C, J. TAYLOR JR. CITY ATTORNEY
CITY OF DBNTbN, TEXAS
BY: 4& ye~
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1 INDEPENDENT CONTRACTOR'S AGREEMENT
THE STAT4 OF TEXAS (
KNOW ALL MEN BY THESE PR3SENTSt
COUNTY OF DENTON )
The City of Denton, Texas, a Municipal Home Rule City
situated in Denton County, Texas, hereinafter called "City",
acting herein by and through its City Manager, and Computer
Consulting Company, hereinafter called Contractor, hereby
mutually agree as follows:
1. SERVICES TO BE PERFORMED: City hereby retains
Contractor to perform the hereinafter designated services and
Contractor agrees to perform the following services as time
permits:
A. Statistical Reports for Finance Department.
B. Special Reports for Utility Rate Study.
C. Special Repotyts for Payroll/Personnel Study.
2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay
Contractor for the services performed hereunder as follows:
A. Amount of Payments for Servicest
Twenty-Five Dollars ($25.00) per hour.
B. Dates of Paymentst
One week after the services are received.
3. SUPERVISION AND CONTROL BY CITYt it is mutually
understood and agreed by and between: City and Contractor that
Contractor is an independent Contractor and shall not be deemed
to be or considered an employee of the City of Denton, Texas
for the purposes of income tax, withholding, social security
taxes, vacation or sick leave benefits, or any other City
employee benefit. The City shall not have oupervision and
control of Contractor or any employee of Contractor, but it is
expressly understood that Contractor shall perform the services
hereunder at the direction of and to the satisfaction of the
City Manager of the City of Denton or his designee under this
agreement.
4. SOURCE OF FUNDS: 11 payments to Contractor under this
agreement are to be paid by the City from funds approprl,ated by
the City Council for such purposes in the budget of the City of
Denton,
INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 1
mmmoma
5. SERVICES AND SUP'.ILIES TO BE FURNISHED BY CITY: City
agrees to furnish to Contractor the following services and/or
supplies:
1. Computer Time.
2. Terminal to Use.
3. Documentation of the Systems.
6. INSURANCE: Contractor shall provide at his own cost and
expense workmen's compensation insurance, liability insurance,
and all other insurance necessary to protect Contractor in the
operation of Contractor's business.
7. CANCELLATION: City reserves the right to cancel this
Agreement at any time by giving Contractor thirty (30) days
written notice of its intention to cancel this Agreement.
8. TERM Oi4 CONTRACT: This Agreement shall commence on the
5th day of July, 1980, and end after onp hundred and fifteen
(115) hours.
EXECUTED the this day of 1980.
CITY OF 'ENTON, ERAS
r
BYs
IT E
ATTEST
C RETARY
APPROVED AS TO LEGAL FORM
C. J. TAYLOR, JR., CITY ATTORNEY
BYr
COMPUTER CONSULTING COMPANY,
CONTRAC^OR
BYs I►~
That Cengiz Capan, is hereby designated as the person to
administer the provision of this re ment.
T R
DATE
INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2
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OATH OF OFFICE
is Quinby Seif' do solemnly
swear (or affirm) 'that I will faithfully execute the duties of the
office of Board of Ad ustmanLM, ,er
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 t , .And Ordinances of this City. .~M
i ,may
Subscribed an sw n to before me the undersigned on this the
day of
~Ag A.D. 19 f(5 To certify Which
witness my n ayrd seal of office.
SECRET R
CITY OF DENTON, TEXAS
A
s
OATH OF OFFICE
gill Williamson do solemnly
swear (or affirm) 'that I will faithfully execute the duties of the
office of Board of Adjustment Member
of the City of Denton, Texas, aid 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 worn to before me the undersigned on this the
day of L , A.D. 19~_. To certify w c
witness my an sea~of office.
EC T R
CITY OF DENTON, TEXAS
k~
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THE STATE OF TEXAS
COUNTY OF DENTON) RESOLUTION IN APPRECIATION
CITY OF DENTON ( OF ELINOR CALDWELL
WHEREAS, the Denton Public Library Board of the City of Denton is
losing one of its most valued members, Elinor Caldwell,
who has served on the Library Board as a member and
secretary from 1968 until 1980; and
WHEREAS, during sold term Elinor Caldwell served as Secretary of
the System Advisory council, Fort Worth Major Resource
Center and on the Executive Board, District 7, Texas
Library Association from 1977 until 1980; and
WHEREAS, the City of Denton has been extremely fortunate in
having enjoyed the dedicated and outstanding services of
Elinor Caldwell, for the many years she has devoted to
the Denton Public Library Board;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DENTON, TEXAS:
that the sincere and warm appreciation of Elinor
Caldwell, felt by the citizens and officers of the City of
Denton, be formally conveyed to her in a permanent
manner by spreading this Resolution upon the official
minutes of the City of Denton, and forwarding to her a
true copy hereof.
PASSED AND APPROVED this the 15th day of July, A. D. 1980.
C ARD O. EWA T, AYOR
CITY OF DENTON, TEXAS
ATTEST•
B KS HO T, CITY SECRETAR
CITY OF DENTON, TEXAS
0
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
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THE STATE OF TEXAS
COUNTY OF DENTON) RESOLUTION IN APPRECIATION
CITY OF DENTON ( OF DR. DAVID F. SPECK
WHEREAS, the Denton Public Library Board of the City of Denton is
losing one of its most valued members, Dr. David F.
Speck, who has served on the Library Board as a member
from 1968 until 1980 and served as Chairman of said
board from 1969 until 1977; and
WHEREAS, during scid term Dr. David F. Speck served as
Vice-Chairman of the Advisory Council, Fort Worth
Major Resource Center from 1971 until 1977; Trustee,
Representative to District V U, Texas Library
Association 1972 until 1974; Vice Chatrman, Trustee,
Round Table, Texas Library Association in 1974;
Chairman, Trustee, Round Table, Texas Library
Association in 1975 and served on the Panel for the
Governors Conference on Libraries System Study
Advisory Committee, Texas State Library in 1975; and
WHEREAS, the City of Denton has been extremely fortunate in
having enjoyed the dedicated and outstanding services of
Dr, David F. Speck, for the many years he has devoted to
the Denson Public Library Board;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DENTON, TEXAS:
that the sincere and warrn appreciation of Dr, David F.
Speck, felt by the citizens and officers of the City of
Denton, be formally conveyed to him in a permanent
manner by spreading this Resolution upon the official
minutes of the City of Denton, and forwarding to him a
true copy hereof.
PASSED AND APPROVED this the 15th day of July, A. D. 1930.
1 mod.
, YOR
C OF DENTON; TEXAS
ATTE
CITY ECA RARY
CITY OF DENT0149 TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY: Ac\~~"~'
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NO. D - 5
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 CERTAIN PROPERTY KNOWN AS A PART OF
CITY LOT 2 OF CITY BLOCK 135, AS SHOWN ON THE OFFICIAL TAX MAP
OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED
IN ORDINANCE NO. 70-5 AND BY PLAT INCORFORA.T.ED THEREIN; AND
DECLARING ruff 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
January 14, 1969, as an Appendix to the Code of Ordinances of
the City of Denton, Texas, under the 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 "SF-7" Single Family 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 "PD 2.1" Planned Development District according to,
and subject to, the below conditions and requirements, and to
the Plat attached hereto and made a part hereof for all
purposes, and being generally described as all that certain
lot, tract or parcel of land situated in the City and County of
Denton, Texas, known as a part of City Lot 2 of City Block 135
as shown this date on the Tax Rolls and the Official Tax Map of
the City of Denton, Texas, and being a part the same property
described in metes and bounds in Ordinance No. 70-8 , {located
at the intersection of Bell Avenue and Coronado Street), which
conditions and requirements are as follows:
1. A building setback of ten feet (101) shall be
observed from the western property line.
2. The trees shall be planted as indicated by the
modified site plan. The area indicated as green
space will be planted with grass. Also, a low
hedge shall be planted immediately in front of the
parking area on the east side of the property and
at the end of the parking lot on the west side of
the property.
3. The dumpster shall be located as indicated on the
site plan, and a 6' X 6' wall enclosure shall be
built on three sides of the dumpster. A plan for
the enclosure will be submitted to the Building
Official to ensure the proposal is compatible with
the dumpster vehicles.
4. The building walls indicated on the elevation plan
will be of masonry construction. There will be no
detached signs permitted. All signs will be
located on the building.
S, The uses permitted in the building will be
Neighborhood Service District uses in character,
such as a convenience store, and other small
retail and office uses. A restaurant or club is
not permitted,
SECTION II0
(1) No building permit or certificate of occupancy will be
issued until the pertinent conditions stated herein have been
complied with.
10
BOYD MORRISON - PAGE ONE
(2) All structures shall be built in conformance with the
requirements of the second fire district as established and
defined in Section 5-1 of the Code of Ordinances and such
structures shall be subject to the regulations pertaining; to
such second fire district.
(3) The owner of the land described in the attached plat,
for and in consideration of the granting by the City Council of
this zoning classification on the said properly, does hereby
bind itself, its successors, executors, administrators and
assigns to fully comply with all of the above described terms
and conditions for the use of said land as long as this
ordinance shall remain in effect, and the said owner
understands that without full and complete compliance on its
part with the said terms and conditions the uses permitted
herein and hereby would otherwise be prohibited under the
Zoning Ordirance of the City of Denton, and in order to secure
this amendment to the Zoning Map to make such use of the
aforesaid hand, does hereby covenant that it will fully and
completely comply with the terms and conditions herein
mentioned that this covenant shall run with the land, and
shall be binding upon itself, its heirs, successors, executors,
administrators and assigns, that upon breach of this covenant
this Planned Development District may, at the City Councils
discretion, be made null and void.
SECTIOR III.
That the City Council of the City of Denton, Texas, hereby
finds that such Planned Development District 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 land and for Its peculiar suitability or peculiar uses
and with a view to considerving the value of the homes and
buildings 3.n the vicinity; protecting human lives, and
encouraging the most appropriate uses of land for the maximum
benefit to the City of Denton and its citizens.
SECTION IV.
That this ordinance shall be in full force and effect
immediately after its passage and approval, the required public
hearings having heretofore by^n held by the Planning and Zoning
CommissiGn and the City Council of the City of Denton, Texas,
after giving due notice thereof.
PASSED AND APPROVED this the Ar day of , 1980.
6-0, 1
~60 e, yl i -It
WICIARD 01 STEWARTO MAYOR
CIT OF D NTON, TEXAS
ATTBS .
re. 0 -Ao~
'00e
CITY SECRETM
CITY OF DENTON, TEXAS
e
APPROVED AS TO LEGAL FORM:
C. J, TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
a Y : e. 'a S ~ /I --~4 .
EOYD MORRISON - PAGE TWA
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N0. Yo- 5.5
AN ORDINANCE AMENDING THE ZONING MAP Of THE CITY OF DENTON,
TEXAS, AS SAMA 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 LOTS 17.1, 18, 19 AND 19.1 OF BLOCK
NO. 378A AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CIT.'
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 0e, 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 Multi-Family 'IMF-211 District as shown on said Zoning
Map, and all provisions of Ordinance No. 69-1, adopted the 140
day of January, 1969, as amended, shall hereafter apply to said ,
property as Neighborhood Service "NS" District in the same
manner as other property located in the Neighborhood Service
"NS" District and more particularly described as follows;
All that certain lot tract or parcel of land situated in the
City and County of Denton, Texas located between Collier Sreet
and Avenue B, beginning immediately north of Underwood Street
and totaling approximately 1.1 acres of land, more or less, and
more particular•y described as Lots 17.1, 18, 19 and 19.1 of
Block No. 378A.
SECTION II.
That the City Council of the City of Denton, Texas hereby
finds that such change is in accordance with a comprehensive
plan for the purpose of promoting the general welfare of the
City of Denton, Texas, and with reasonable consideration, among
other things for the character of the district and for its
peculiar suitability or particular uses, and with a view to
conserving the value of the buildings, protecting human lives,
and encouraging the most appropriate uses of land for the
maximum benefit to the City of Denton, Texas, and its citizens.
SECTION III.
That this ordinance shall be in full force And effect
Immediately after its passage and approval, the required public
hearings having heretofore been held by the Planning and Zoning
Commission and the City Council of the City of Denton, Texas,
after giving dui natice thereof. it
PASSED AND APPROVED this the day of ,
A. D. 1980.
V
e;;t
CITY OF DE N, TEXAS
AAHMXS , "SEL~EETW
W
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
C. J. TAYLOR, JR. CITY ATTORNEY
CITY OF DbNTON, T~XAS
BY., w AL (IN
Z-1452 - LINDON H. NIT..SON
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R E S O L U T I O N
WHEREAS, the City of Denton finds it necessary to dispose
of a certain tract of land located in the City of Denton,
Texas, and more fully described below; and
WHEREAS, the below described parcel of :and was let for
bid on May 13, 1980 and the highest bid of One Thousand Eight
Hundred Twenty-Six and 50 Cents ($1,826.50) Dollars was awarded
to Kathryn M. Arrington;
WHEREAS, the City of Denton and purchaser of said parcel,
Kathryn M. Arrington, agree that a consideration of $1,826.50
is a fair and agreed value of such described property;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DENTON, TEXAS, THAT:
1. The City Attorney is hereby authorized to prepare
whatever legal documents are necessary to complete the transfer
of property so described below;
All that certain lot, tract or parcel of land lying and being
situated in the City and County of Denton, State of Texas,
being part of the E. Puchalski Survey, Abstract No. 996, and
being ?art of Lut 4, Block I of the Amended College Addition,
an addition to the City and County of Denton, also being part
of a tract of land conveytd to the City of Denton by an Award
of Special Commissioners of the County Court at Law of Denton
County, Texas in the proceedings of the City of Denton, Texas
vs. Fred Arrington et ux as filed on November 2, 1978 and is
more particularly Wescribed as follows:
BEGINNING at the southwest corner of said tract said point of
beginning lying in th.i north right of way line of Hickory
Street and being 220,0 feet east of the intersection of the
north right of way line of Hickory Street and the east right of
way line of Fouts Street;
THENCE west along the south boundary line of said tract samq'/
being the north right of way line of Hickory Street a distance
of 40,0 feet to a point for a corner;
THENCE north to S8' 26" west a distance of 14S.16 feet to a
point for a corner in the north boundary lino of said tract;
w
THENCE east along the north boundary line of said tract a
distance of 4S.0 feet to a point for a corner, same being the
northeast corner of said tract;
THENCE south along the east boundary line of said tract a
distance of )45,08 feet to the place of beginning and
containing 6,165.65 square feet of land, more or less.
PROVIDED further that no curb cuts shall be permitted on the
above described tract of land.
2. The City of Denton is hereby further authorized to
pay its share of the necessary and reasonable costs of closing.
3. This Resolution shall take effect immediately from
and after its passage and approval in accordance with the
provisions of the Denton City Charter.,
PASSED AND APPROVED this the day of ,
1980.
L)o es ~ -.--,W
CI OF D NTON, TEXAS
ATTEST:
14*044 - A4er-'*"
;FY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
C. J. TAYLOR, JR. CITY
ATTORNEY, CITY OF DENTON, TEXAS
BY:
A v,, P. VF"' kNTV DEED-Witb Grnrral and Cot roratien Act no+i,lgomnh ►tAR7nY Shtioner) Co., Dana
THE Srl'A'rr OF TEXAS, Know All Men By These Presents:
COU.N'h' OF 1).KNT,QN........
That The City of Denton, Texas,a Municipal Corporation
of the County of Denton , Stale of Texas for and in consideration of
the sum of
One Thousand Eight Hundred Twenty-Six and 50/100 ($1,826.50)-- DOLLARS,
to it in hand paid by Kathryi M. Arrington
.r'
i,
have Granted, Sold and Conveyed, and by shoe presents do Grant, Sri) And Convey unto the Bald
Kathryn M. Arrington
of the County of Denton , State of Texas all that certain
lot, tract or parcel of land lying and being situated in the City and County of
Denton, State of Texas, being part of the E. Puchalski Survey, Abstract No. 9961
and being part of Lot 4, Block 1 of tha Amended College Addition, an addition tok
the City and County of Denton, also being part of a tract of land conveyed to the
City of Denton by an Award of Special Commissioners of the County Court at Law of
Denton County, Texas in the proceedings of the City of Denton, Texas vs. Fred
Arrington, et ux as filed on ttovember 2, 1978 and is more particularly described
as follows3
BEGINNING at the southwest oorner of said tract said
point of beginning lying in
the north right of way line of Hickory Street and being 220.0 feet east of the
intersection of the north right of way line of Hickory Street and the east right
of way line of routs Streetf
TJ WCE west along the south boundary line of said tract same being the north right
of way lino of Hickory Street a distance of 40.0 feet to a point for a cornerf
THENCE north 10 58' 26" west a distance of 145.16 feet to a paint for a corner
in the north boundary line of said tractf ,f
THENCE east along the north boundary line of erid tract a distance of 45.0 feet to
a point for a corner, same being the rortheast corner of said tracts
THENCE south along the east boundary line of said tract a distance of 145.08 feet
to the place of beginning and containing 6,165.65 square feet of land, more or
less,
PMVIDED further that no curb cuts shall be permitted on the above described tract
of land,
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TO HAVE AND TO HOLD the abode described premises, together with all and singular, the rights and
appurtenances thereto in anywise belonging unto the said Kathryn M. Arrington, her
I
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does
I heirs and assigns forever; and it /XZ hereby bind i tsel f , Its
heirs, executors and administrators, to Warrant and Vorevcr Defend all and singular the Bald premises unto the
I laid Kathryn M. Arrington, her
i
heirs and assigns against every person whomsoever lawfully claiming, or to claim the same, or any part
thereof,
.
'10A
Witness our hand At Donto.i, Texas this fy.~ day of
AD. 19 80
Wilnesses at Request of Grantor:
AT'ii TJIF„CITY EN..'F. a
BY . ,:.r
. -TVn
BI KS EfO.T, T SIC ETARY
CITY OF DENTON, TEXAS ..........................I.....,10..
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RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE FOR AND ON BEHALF OF THE
CITY OF DENTON ONE ELECTRICAL POWER LINE CROSSING AGREEMENT WITH THE
ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS:
SECTION I.
The Mayor is hereby authorized to execute on behalf of the
City of Denton, Texas, one electrical power lire crossing
agreement designated as X-3741, a Dopy of same being attached
hereto and made a part hereof for all purposes.
PASSED AND APPROVED this the day of
A. D. 1980. 4OF 4DENTONO TEXAS
ATTEST:
'/'0 aot-~4'00e'ew'Rwoo~
B K3 HOLT, CITY ECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY r
Ct-29005
Form 9t7t Standard
(AM"04 by Oaoery aoaaltw)
LICa]a ate MIR
XtXa RC BUrPLT LINZ ACROSS OR ALONG RAMWAT P&OPERTT
415WtAo LllhC Pow Bupply and Troaq Law Irrrrp.olt" of VotuVIN Omtmfi or VaduTmod)
I,
THIS LICENSE, made as of the 24th -day of June 1980
between_ -PIE ATCHISONL TOPEKA AND SANTA PE r.__-RAILWAY COMPANY.
a- Delaware corporation (hereinafter called "Santa Fe") and
THE CITY OF DF.tiTON, TEXASO a Municipal corporation, acting herein by its
Mayor. hereunto duly authorised.
(hereinafter whether one party or more called "Licensee"). -
Witnesseth, that the parties hereto for the considerations hereinafter expressed covenant and agree as
follows:
1. In consideration of the sum of.___.4ns_tluadrsd Fi f ty And NQIJMthB - - -_---Dollars
($-Q~~-----) in hand paid by Licensee to Santa Fe, the r4xeipt whereof is hereby acknowledged,
and of the covenants and agreements of Licensee hereinafter set forth, and of the falthfulperformance by
Licensee of the same, Santa Fe licenses and permits Licensee to construct, maintain and use an electric
supply line containing a maximum of_--(?4> (4) .-.conductors acroas or along the
premises of Santa Fe at or near the station of Denton, Denton
and County, Texas p_
frequency and voltage of the electric circuit carried t5 reoeniand the location ofisa dnelectric a pthe pb line
being more particularly shown upon the print hereto attached, No.__X-3741__
- -
dated_Juae 17, 1980
marked "Exhibit A", and made a part hereof. For convenience, the said
electric s21 y line, with all conductors and their supporting or containing structures In so far as they
relate to electric supply line upon said premises, is hereinafter called the "Electric Supply Lion"
2. Licensee shall, at Licensee's own cost, construct and at all times maintain the Electric Supply Line
in strict accordance with the Specifications, for the time current, for Electric Supply Lines across or along
Railway Property, adopted by the Electrical Section of the Association of American Railroads, or any
successor agency except where by statute or order of competent public authority a different type of con.
atruction or a dlt~'erent degree of maintenance is required or permitted, in which case such construction
or maintenance shall be In strict accordance with such statute or order; provided however, all materials
and workmanship employed in the construction and maintenanceof the Electric Supply Line shall be sub-
ject to the approval of Santa Fe.
8. Licensee shall, at Licensee's own cost, remove all combustible material from around wooden poles
and will at all times keep the space around such poles free of such material, and if removal of such com-
bustible material shall not be attended to within fifteen (15) days after having been requested by Santa
Fe so to do, Santa Fe shall have the right itself to perform the work and Licensee hereby agrees, to reim-
burse Santa Fe for the expense so Incurred
4. During construction and while repairing, renewing or changing the Electric Supply Line, Licensee
shall exercise utmost and extraordinary diligence to the end that no damage shall occur to the property
of Santa Fe, and that there shall be no Interference with the operation of its railroad. Upon completion
of the Electric Supply Line or after the making of any changes, repairs or renewals, Licensee shall , at
Licensee's own cost, restore said premises to their former state, andLicenses shall within fifteen (16)
days after receipt of bill therefor, pay to Santa Fe the entire cost incurred In amplo;Yng watchmen or su
other means of protection as In the Judgment of Santa Fa may be required during the construction, main-
tenance, repair, renewal or changing of the Electric Supply Line.
b. If at any time during the term hereof Santa Fs shall desire to make any use of Its property with
which the Electric Supply Line will In any, way interfere, Including the relocation of existing or the con.
struction of new lines of poles, wires, conduits and other facilities in which it shall have an Interest, Il•
tenses shall, at Licensee's own cost, within thirty 30) daya after receiving written notice from Banta Fe
to such effect, snake such changes In the Electrc Aupply Line as In the Judgment of Beata Fe may be
necessary to avoid interference with the proposed use of its property.
6. Santa Fe shall have the right at its election itself to construct the Electric Supply Line, and at any
time to make such repairs, renewals or changes therein as it may deem necessary or desirable, and in the
event Santa Fe shall decide to exercise such right, Licensee shall advance to Santa Fe the coat, ae esti-
mated by Santa Fe, of such construction, repair, renewal or change. If the actual cost incurred by Santa
Fe in performing such work shall prove more or less than the amount so advanced, the difference shall be
promptly paid by Licensee or refunded by Santa Fe, as the case may be. Santa Fe may, at its election, ad-
vance the necessary moneys to cover such cost and, in that case, Licensee agrees promptly upon demand
to pay to Santa Fe all s,~ uu so advancers, vAt}: i..2emat.
7. Licensee shall at all times indemnify and save harmless Santa Fe and other companies operating
over its tracks against, and shall pay in full, all loss, damage or expense that they or any of them, may
sustain, incur or become liable for, resulting in anqq manner from the construction, maintenance, use,
state of repair, or presence of the Electric Supply Llne upon said premises, including any such loss, dam-
age or expense arising ui,t of (a) loss of or damage to property, (b) injury to or death of persons, (c) me•
chanlcs' or other liens of any character, or (d) taxes or assessments of auy kind.
8. Since this license is made in part for the benefit of other companies operating over Santa Fe's
tracks, any of said companies may sue to enforce the provisions hereof, either jointly or severally, as their
interests may Le hint or several. None of said companies nor the Santa Fe s hall be liable for any damage,
howsoever caused, to the Electric Supply Line, whether due to negligence or otherwise.
9. If Licensee shall at any time fail or refuse to comply with or ca out any of the cover,nta here.
in contained, and such failure or refusal shall continue for a period of thirty (30) days after written de-
mand for such performance or comp l.'ance shall have been made upon Licensee by Santa Fe, Santa Fe
may, at its election, without notice, forthwith revoke this license. and in case of such election, or upon any
termination hereof, Licensee shall, upon request, forthwith remove the Electric Su ly Line and restore
said premises to the condition in which they were prior to the construction of the .lectric Supply Line.
In case Licensee shall fail to make such removal or reiteration within thirty (80) days Santa Fe may
proceed with such work, and Licensee shall promptly repay to Santa Fe the coat theroott. No walver by
Santa Fe of any default or defaults, or the right to terminate this license, shall be deemed or held to be a
waiver of the right to terminate the same for any subscqueJ -lelault or defaults, but notwithstanding
such walver Santa Fe may terminate this license upon any suL.4equent default or defaults which may oc-
cur; nor shall any termination hereof release Licensee from any liability or obligation hereunder, wheth-
er of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of
termination or such later date when the Electric Supply Line may be removed and said premises restored
as hereinabove provided.
10. Licensee shall at all times, at Licensee's own cost, maintain the most effective system aid use
the best known and most effective methods to protect the tines, wires, and service of Santa Fe and of any
licensee of Santa Fe whose permission to use said premises antedates the license and permission herein to
Licensee, from interference and physical hazard, and if necessary in order to prevent such interference
or bazard, Licensee shall, at Lfcenseo'a own coat, transpose Licensee's circuits or make such changes in
the construction or location of the Electric Supply Line as may be specified by Santa Fe.
11. In case of the eviction of Licensee by any one owning or claiming title to or any interest In said
premises, or any part thereof, Santa Fe shall not be liable to Licensee for any damage of any nature what-
soever; or to refund ..ny moneys paid hereunder.
12. Any notice to be given by Santa Fe to Licensee hereunder shall be deemed to be preporly served
if the same be delivered to Licensee or if depoalted In the Post Office, postpaid, sddreet..d to Licetusce at
tlunicipal_Build _ApSjL_Denton j_iera■ 16201
13. In the event Licensee herein consists of two or more parties, all the covenants and agreements of
Licensee herein contained shall constitute the joint and several covenants and agreements of such parties.
14. This license may be terminated by either party hereto upon 904 _ M.._. months' notice
in writing to be served upon the other party, stating therein the day of the month that such termination
will take place, and upon the expiration of the time specified In with notice this license, and all rights and
privileges of Deensee theeeunder shall absolutely ceases This license shall terminate In any event im-
mediately upon the death of the LJcensea, if the sole Llceneee is an Individual.
16. This license shall be binding upon and Inure to the benefit of the parties and their respectipe legal
representatives, eucressors and assigns' provided, however, no assignment hereof by Licensee, l.lcensee's
legal representatives, successor@ or a.>a rA nor any eubsoquent assignee, shall be binding upon Santa Fe
without the written consent of Santa Fs in each instance, and at the option of Santa Fe Uds license shall
be forfeited by any such voluntary asalgmnent or by any assignment thereof by operation of law.
IN V4flicu W HMEOF, the parties have execpted thL Scenes in duplicate as of the day and year Erst
above writkm.
THE ATCHISOII9 TOPPKKA AND SANTA rz____RAUWAy COMPANY
Armana;
As L» Description:
ItL_Aaaistant to Conaral Hauapr
Chief Engineer
TZXJSI
AatoSpecifications: CIS! OP DSNTOHI
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Superintendent of Communications or N Its Mayor II' -V
(Lceases)
I Afts•A vsiet h** %
- _-T _ -_CT 29005
EXHIBIT "A"
TO CONT13ACT BETWEEN {
THE ATCHISON TOPEKA AND SANTA FE RAILWAY COMPANY {
NO,P7- EvA Y nivlSlON 0A11.4S UISTrUCT
AND
C/TY OF DENTON
I
COVERINCj A POWER UIVE CROSSINq
AT
DENTONp Dmroly Coavrr, TEXAS
SCALE 1 /00' A f
G hf •ENGINEERWG•AMAftR_l.O, Tf:xAS X-9 7.1/
0ATEU ✓UA'E /7, /980
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roarlhon Jet.
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t LNATH ON R/W 178. 2'. NO, WWES
POLF4 ON $4/W None- SIZE WIRES
ours ON R i w Nona VOLTAGE ZClD_
CLf ARANCF AMNF T(w OF NAIL A§,.Z i'WSE
CLEAVANCr &govF NY Co OOMIAL94CA110 0-FS 1!! 0( LE I
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COMMISSION STATE DEPARTMENT OF 11F(;11WAY5 ENGINEER-DIRECTOR
REAGAN HOUSTON CHAIRMAN AND PUBLIC TRANSPORTATION B L. DEBERRY
DEWITT C. GEFER
CHARLES E SIMONS
P.O. Box 3067, Dallas, Texas 75221
July 17, 1980
IN REPLY REFER TO
FILE NO
Control: 196-1-46
Projem:t: C 196-1-46
I.H. 35E: Turnaround at Loop 28a
Denton County
Fir. Indck Svehla
Director of Public Works
City of Denton
215 East WKinney Street
Denton, Texas 76201
Dear W. Svehla:
We are enclosing a duplicate original of an agreement in connection with
the construction of this project. Ibis agreement has been proSerly executed
by the State and is be'ng forwarded for your files.
Yours very truly,
Rotert L. Yielding
Dist rict Engineer
Attachment
' f 1
C 196.1-46
Denton County
i
KAU OF 1ExAS ~
COUNTY OF TRAVIS nn
THIS AGREEPENP, made this f~ ( day of 1Iz4A/ , 1980,
V
by and between the City of Denton, Texas, hereinafter called the
"City", Party of the First Part, acting by and through its City
Council and the State of Texas, hereinafter called the "State".
Party of the Second Part, acting by and through its State Highway
and Public Transportation Commission.
WHEREAS, the City desires the construction of a turnaround at
Loop 288 gradetseparAtion and incidental items on Interstate Highway
No. 35E, which is solely the City's responsibility and the City has
requested the State to construct or have constructed this work. The
State will construct or have constructed this work for and on behalf
of the ity and at the City's sole expense, excluding preliminary
engineering. The estimated construction cost of this work is Four
Hundred Thirty Eight Thousand Three Hundred and No/100 Dollars
($438,300.00), including contingencies and construction engineering,
and
WHEREAS, the City by the executlon of this agreement agrees
to the terms and conditions of Commission Minute No. 751070 as it
applies to the City, a copy of which i~ attached hereto and marked
"Exhibit A" and made a part of this agreement.
1.
,
NOW THEREFORE, it is understood that this proposed work will
be constructed by the State and the City will transmit to the State
with the return of this agreement, eXCCUted by the City, a warrant
or check made payable to the State Treasurer, Account of Trust Fund
No. 927 in the amount of Four Hundred Thirty Eight Thousand Three
Hundred and No/100 Dollars (,433,300.00), to be used in paying for
the proposed work required by the City in the City of Denton. It
is further understood that the Statt will construct only those items
for the City as requested and required by the City and the entire
cost of such items, excluding preliminary engineering, will be
borne by the City. If the State elects to rece',ve bids and if
upon receipt of bids by the State and/or the actual construction
and/or approved changes in the contemplated improvements-it is
found that this amount is insufficient to pay the City's portion,
then the City upon request of the State will forthwith supplement
this amount by an amount equal to the City's full estimated or
actual share of the cost of this work les9 the amount previously
paid into Trust Fund No. 927. In the event the amount as paid
is more than the actual cost, then the excess amount will be
returned to the City, It is further understood that the work
to be done on behalf of the City, as herein provided, will include
the cost of contingencies and construction engineering. It is
further understood that the City by the execution of this agreement
agrees to the terms and conditions of Coamtission Minute No. 75107,
as it applies to the City, a copy of which is attached hereto and
marked "Exhibit A" and made a past of this agreement.
1.
I"1"SSTIMONY WHEREOF, the parties Hereto have caused these
presents to be executed in dupli.ate oil the day above stated.
CITY OF DENTON STATE OF TEXAS
Parr of the irst Part STATE HIGHWAY AND PUBLIC
! - TRANSPORTATION CO MISSION
$y Party of the Second Part
r yo
Certified as being executed for the
BY purpose and effect of activating and/
Aem it o 1 or carrying out the orders, established
policies, or work programs heretofore
By: approved and authorized by the State
Aemb r f C c un Highway and Public Transportation
Comlission:
By:
Memb y Councf By: t Li
Asst. Engin Ir-Director under
BY: 1- 44 do authority of Commission Minute
Member o City ❑ncil } 7706
Recom-ended for execution::
0
( S~ ) Director, Finance ~
in fcnt011 a111-t 1 0tn IC~,11 :.Ifit~r.;'n,rr"I n.tr~,,ri• ,
U - turn w ith fliIIIS ylrovidr l rlr 1 n1 n; i
WIi[RLAS, the tlr+' Ih, ir+riti
nsi; 1 i
tion desires to assl,t in lh; rr,',,. t;
NO'W, Th♦_REf()P..E, Mori fn{in+rr f`' r. r r ty r
any nieces Sdry jgre(%j(,n ty tll 1, 11f' L1ti (11 i'r'I!1.„rl fur I rV~project and to proceed in tI, nilst tr,i i1, l,' +llfl +'rur,.,;ir,:l
.arr l
construction of grad inrl, qtr r tarn. ,ct .,r t;t it i 1r n
Of $285,000,00, finnnCiny tl!r rtr~l rh,. {~r
Denton.
Minute No. 75107
November 30, 1978
COPY "EXHIBIT A"
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OATH OF OFFICE
„I 14"\~A l f ~ ~~a
do solemnly swear (or affirm) that I Will faithfully execute
the duties of the office of
f i
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Ck.
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; and I furthermore solemnly
• swear (or affirm) that I have not directly or indirectly
' paid, offered or promised to pay, contributed'or promised
to-contribute any n~ney, or valuable thing, or promised any
public office or employment, as a reward to secure ny appoint-
went. So Help He God."
• ~t}Lu_~zlf V,~ iii
Subscribed and orn to before me the undersigned Notary Public
on this the day of QUA e
A. D. 190 . To cert-
. ify which witness my hand and seal of office.
Not - 611c in and for Denton Cour•ty,
Tei'as i
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OATH OF OFFICE
"i, Fred Patterson
du solemnly swear (or affirm) that 1 Will faithfully execute
the duties of the office of-
Historic"Landmark Commissioner
of the City of Denton, Tey.as, and will to the best of my
ability preserve, protect snd defend the Constitution and
aus of the United States and of this State and the Charter
and ordinances of this City; and I furthermore sole;nnly
swear (or affi m) that I have not directly or indirectly
paid, offered or premised to pay, contributed or promised
to contribute any money, or valuable thin-, or promised any
public office or errplo)ant, as a reward tv secure gay appoint-
went. So help He Cod."
Fred Patterson
Subscribed and sworn to before me the undersigned Notary Public
-on this the 17 day of July A. D. 19 80 To cent-
'ify which witness my hand and seal of office.
• Kota blic in and for Denton County,
Texas
j
OATH OF OFFICE
"I ~5 Gt L L j r f"
do solemnly swear (or affirm) that I will faithfully execute
the duties of the office of-
'q) a2ic l-c~}A1D Malefic rrnrmi jione12•
of the bity of Denton, Texas, and will to the. best of my
ability preserve., protect and defend the Constitution and
laws of the United States and cf this State and the Charter ,
and ordinances of this City; and I furthermore solemnly
swear (or affirm) that I have not directly or indirectly
paid, offered or promised to pay, contributed'or promised
to-contribute any money, or valuable thing, or promised any
public office or employment, as a reward to secure my appoint-
went. So Help Me God."
Subscribed and sworn to bef re a the undersigned Notary Public
on this fhe /-7 _day of~ A.D. 190. To cert-
ify which witness my hand And se dl of office.
T try Public in and for Denton County,
Texas
k~
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OATH OF OFFICE
do solemnly swear (or affirm) that 7 will faithfully execute
the duties of the office of
(o ~n nn 1~s; PA) r l: a 1sTo2r L~ti~tti~RK
CDI~I SOON ,II
of the City~o Nenton, 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; and I furthermore solemnly
swear (or affirm) that I have not directly or indirectly
paid, offered or promised to pay, contributed'or promised
• .to contribute any money, or valuable tbinC, or promised any
public office or employment, as a reward to secure my appoint-
.
ment. So Help Me Crd."
Subscribed a~rn to be for me he undersigned Ngtary Public
on this the day of~ A D. 1 To cert-
• 'ify which witness my han ae of f office.
.
NoSdr blic to an for Denton County,
Texas ti
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PATH O OFFICX
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to
nwrnr (++r n1'firm) t.hnL 1 x1II f+rlt,hfully exrClltr Ilrc rltrtlrrr br tim orflcr
~'c ~^!^~1~./ Q ! .¢a .4 r i ty of UoIrl,un, 'Coma,
and wlII to the l+e::t or rrLy ability 1+rr::rrve, protect wo derernl thr
i'(+rrntIt utIon tit it l lawn c, l' t.hr IIrill.r•rl ,ttnLrii rnnii ur tlrln stale ritir1 I, tit,
(Amvtrr and Or,IIw nrr:r of thlu City.
;Tub:rcr ILrrl nnr wurr to l+rrnr'c rrr, the unlrral rrc+l on thin the
+iny or _ to A.D. 19eQ_. To certiry whlrh
wltuco U a Inn nrnl of it rriee.
e va (till DENTUN, TEXAS
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OATH OF OFFICE
___7 2RQ22Q~'
do solemnly swear (or affirm) that I will faithfully execute
the uties of -he off a of
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; and I furthermore sole-.wily
swear (or affirm) that I have not directly or indirectly
aid, offered or promises to pay, contributed'or promised
to contribute any money, or valuable thing, or promised any
public office or employment, as a reward to secure my appoint-
ment. So Help He Cod,"
Subscribed and sZorn to be re a the undersigned Notary Public
on this the jy=iday of~ A. D. 19 To cert-
ify which witness my ha and eal of office.
Not ry Public in and for Denton County,
Texas t t
i
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i
J r OATH IF OFFICE
do solemnly swear r affirm) that I will faithfully execute
the duties of the office of-
err ~i~ts~ ~;,✓~j,, ~ /i/~/r~' /1//~,~'~~ (~~~»~»~ss~ 0,1~ .
• of the City of Denton, Texas, and will to the best of my
ability preserve,, protect and defend the Constitution and
Taws of the United States and of this State and the Charter
and ordinances of this City; and I furthermore solemnly
swear (or affirm) that I have not directly or indirectly
paid, offered or promised to pay, contributed'or promised
to.contrihute any money, or valuable thing, or promised any
public office or employment, as a reward to secure my appoinc-
went. So Help He Cod."
4L
Subscribed and s rn to before me the undersigned Ro ary Public
-on this the /-r day ofc/yL11 -A.D. 19~. To cent
'ify which witness my hand and seal of office.
r'
• Notar blic in and for Denton County,
Taxes '
~
OATH OF OFFIC=
Jim Wheeler ,
do solemnly swear (or affirm) that I will faithfully e-.ecute
the dutir.u of the office of-
Historic landmark Corrmissioner
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; and I furthermore sole.mily
swear (or affirm) that I have not directly or indirectly
paid, of:ered or promised to pay, contributcd'or promised-
to contribute any money, or valuable thing, or promised any
public office or employment, as a reward to secure my appoint-
ment. So }ie1E• He Cod."
fn kheeler
Subscribed and sworn to before me the undersig.red Votary Public
-on this the 17 day of July A.D. 19-0_, To rert-,
'ify which witness my hand and seal of office.
A'ot ry Public in and for Denton County,
Texas
.
t
R E S O L U T I O N
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DENTON:
The City Council continues to be deeply concerned with the
current situation in the police department in the City of Denton.
The City Manager of the City of Denton has been reviewing the
situation and he has continuously kept this City Council advised of
the progress and actions being taken in this matter.
At this point in time, the City Council wishes to express
it's confidence in the City Manager's handling of the matter. We
are confident that the provisions of the charter of the City of
De::ton are being complied with in every action regarding the police
prob!.em to this date.
Our major concecn is the well being of the city, its
citizens, and its law enforcement arm. We remain sensitive to your
comments and opinions and will do everything legally within our
power to resolve the situation as soon as possible and in an orderly
manner.
This council and the administration are deeply concerned
about malicious character assassinations being circulated in the
City of Denton and we urge all parties to be factual and iN,'orm the
C!ty Manager or members of the City Council of any factual
information you may have.
IV
The council has directed the City Manager to project himself
into the police situation and to seek a solution to the existing
problems and report to the council at an early date.
In addition the City Council expresses its regrets for the
unruly conduct exhibited by some of our fellow citizens tonight at
the city council meeting.
The matter before the City Council was of the highest
importance to all concerned) it should have been dealt with in a
serious, concientious, and sincere fashion rather than in the
emotional and beligerent mood which reigned during the discussion.
PASSED AND APPROVED on this 22nd day of July, 1980.
RICHARD TAf FERRO, MAYOR
PRO-TEM, CITY OF DENTON
ATTESTt
4BG -L4e41'Xe4V'e-- -
K8 HOLT, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROJWD AS TO LEGAL FORM
C,J, TAYLOR, JR „ CITY ATTORNEY
CITY OF DENTON, TEXAS
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STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON
That the City of Denton, a municipal corporation situated in Denton County,
Texas, acting herein by and through G. Chris Hartung, its duly authorized
City Manager, hereinafter called "City", and Rady and Assuciites, Inc.,
acting herein by and through Derrell Johnson, President, who is duly
authorized so to act, hereinafter called "Engineer% hereby make and
enter into the following agreement:
ARTICLE I
SERVICES
For and in consideration of the covenants he,°P!n contained, Engineer
hereby covenants and agrees as ar indepe went contractor, to perform
the services hereinafter described with diligence and )i accordance
with the highest professional standards customarily obtained for such
services in the State of Texas. The services to be performed by Engi-
neer hereunder shat; include all necessary design and engineering work
for improvemen~s in connection with the widening of McKinney Street Bridge
and accompanying hydraulic considerations.
A. Preliminary Phase
1. The Engineer will conduct a preliminary engineering study to
determine the various alternatives and their costs for widening
the existing McKinney Street Bridge.
The study 011 include an investigation of three alternate plans:
a. Widening of the existing structure utilizing existing bridge
design.
b. Removing the existing structure and replacing it with a
single span structure of the most cost-effective type con-
struction.
2. The Engineer will develop design criteria for the bridge !n con-
junction with the City staff.
Iof7
3. The Engineer will examine the hydraulic effects of each alterna-
tive on flow in the stream. Head loss at 100-year flows will be
determined for the existing structure and for each alternative.
These computed losses will be presented to the City as an indi-
czti~n of the potential effects uT this project on flooding In
the area. Head losses will be determined using Bureau of Public
Roads formulae and existing hydrology.
4. The Engineer will prepare preliminary sketches of each alternate
showing the plan and elevation of the proposed structure.
5. The Engineer will prepare preliminary cost estimates for each
alternate plan.
6. The Engineer will prepare a written report in letter form covering
the findings of the study. Ten (10) copies of the report will be
printed for submission to the City.
7. The City shall provide field survey data to the Engineer.
B. Design Phase
1. The Engineer will establis.4, the scope of any soil and foundation
investigations or any specisl surveys and tests which, in the
opinion of the Engineer, may b2 required for design and assist
the City in arranging for such work to be done.
2. The Engineer will prepare and furnish to the Owner three copies
of a map showing the nezded construction and permanent easements
to be acquired.
3. The Engineer will conduct hydraulic analyses suitable for use in
obtaining an amendment to the Flood Insurance Report. The City
will handle all other activities relating to actual filing of
the amendment application.
4. The Engineer will prepare detailed specifications and contract
drawings suitable for bidding purposes. Specifications and con-
tract drawings are to be prepared in accordance with the approved
recommendation from the Preliminary Phase. These drawings will
cover both the bridge structure and any necessary hydraulic im-
provements.
5. The Engineer will prepare detailed cost estimates a,td proposals
of authorized construction (Contract Documents), which shall
include summaries of bid items and quantities which shall be
based, wherever practical, on the unit price system of bidding.
The Engineer shall not be required to guarantee the accuracy of
these estimates.
2 of 7
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6. After obtaining all necessary approvals, the Engineer will furnish
to the City twenty (20) copies of approved plans, specifications,
notice to bidders, and proposal forms.
C. Construction Phase
1. The Engineer will assist tha City in the advertisement of the
project for bids, including the distribution of plans and spec-
ifications.
2. The Engineer will issue addenda as necessary to answer questions
raised during bid period.
3. The Engineer will attend the bid opening, tabulate the bid pro-
posals, make an analysis of the bids, and make recommendations
for awarding contracts for construction.
4. The Engineer will attend a Pre-Construction Conference with the
City and Construction contractor.
5. The Engineer stall act as City's representative with duties and
responsibilities and limitation of authority as described in the
contract documents. The City shall not modify the plans, spec-
ifications, or contract documents without the written consent of
the Engineer.
6. The Engineer will make periodic visits as needed to observe as
an experienced and qualified design professional the progress and
quality of the executed work and to determine in general if the
work is proceeding in accordance with the Contract Documents.
During such visits and on the basis of his on-site observations,
he will keep the City informed of the progress of the work,
shall endeavor to guard the City against defects and deficiencies
in the work of contractor(s) and may disapprove or reject work
as failing to conform to the Contract Documents. The Engineer
shall not be required to make exhaustive or continuous on-site
observations to check the quality or quantity of the construction
work. The Enginee,- is not responsible for construction means,
methods, techniques, sequences or procedures, time of performance,
programs, or for any safety precautions in connection with the
construction work. The Engineer is not responsible for the Con-
tractor's failure to execute the work in accordance with the
contract documents.
7. The Engineer will also make visits to the site to assist the
City's inspector in observation of construction procedures the
first time such procedures are performed on this project. These
visits will be for the benefit of the City inspector, and the
City will be responsible for notifying the Engineer when these
visits are required.
3 of 7
B. The Engineer will review the contractor(s)' requests for payment
and accompanying data and schedules, determine the amounts owed
the contractor(s) and approve in writing payments to contrac-
tor(s); such approvals will constitute a representation to Owner
based on observations and review that work has,progressed to the
point indicated and that to the best of the Engineer's knowledge,
the quality of work is in accordance with the Contract Documents
(subject to an evaluation of the work as a functioning Project
upon Substantial Completion, to the results of any subsequent
tests called for in the Contract Documents, and to any quaiifica-
tinns stated in his approval), but by approving an application
for payment the Engineer will not be deemed to have represented
that he had made any examination to determine how or for what
purpose any Contractor has used the moneys paid on account of
the Contract Price, or that title to any of the Contractor work,
materials or equipment has passed to Owner free and clear of any
lien, claims, security interest or encumbrances.
4. The Engineer will consult and advise with the City: issue all
instructions to the contractor(s) requested by City; and prepare
routine change orders as required.
10. Tile Engineer will review and approve Shop Drawings, the results
of tests and inspections, and other data which any contractor
is required to suhmit, but only for conformance w " h the design
concept of the project and compliance with the information given
in the Contract Documents; determine the acceptability of sub-
stitute materials, equipment processes, etc., proposed by con-
to-actor(s), and receive and review (for general content as re-
riuired by specificatio!s) maintenance anc operating instructions,
schedules, guarantees, bonds and certificates of inspections
which are to be assembled by contract(s) in accordance with the
Contract Documents.
A
ARTICLE lI
COMPENSATION
Preliminary Phase
for all engineering services performed hereunder, local travel, supplies
and incidentals the City agrees to pay the Engineer a fee in an amount
equal to 2.5 times the salary cost of its employees engaged on the pro-
ject. Salary Cost shall be equal to the cost of salaries of employees
tine directly chargeable to the project, plus V% for social security
contributions, unemployment, excise and payroll taxes, employment compen-
sation insurance, retirement benefits, medical and insurance benefits,
sick leave, vacation, and holiday pay applicable. thereto.
4of7 '
The City shall pay the Engineer for all subcontract work authr,rized by
the City at the actual invoice cost plus ten percent (10%). The City
shall pay the Engineer for reproduction work at the current commercial
rates.
In no event snall the payment by the City for all work and services per-
formed hereunder exceed the total sum of $6,500.00.
Method of Payment
Partial payment shall be made monthly upon receipt of an invoice
from the Engineer outlining the amount of hours worked by each
employee and the employee's salary rate along with itemized charges
for any subcontract, reproduction and survey work performed during
the period covered by said invoice.
Design Phase
A lump sum fee will be determined upon completion of the Preliminary
Phase and selection of an alternative by the City.
Construction Phase
The method and amoun. of compensation for this phase will be determined
as described in the previous paragraph.
ARTICLE III
SCHEDULES
Preliminary Phase
The preliminary phase will be completed within 30 days of receipt of a
Notice to Proceed or field notes, whichever is later.
Design Phase
The duration of this phase will be determined during the Preliminary
Phase.
Construction Phase
The duration of this phase will be determined during the Preliminary
Phase.
5of7
ARTICLE IV
AUTHORIZATION
The Engineer will perform the services described upon receipt of written
au~iiorizaLion from the City. Separate alathorizations will be required
for each phase of the project.
ARTICLE V
COORDINATION WITH OWNER
The City shall make available to the Engineer for use in performing
services hereunder all existing plans, maps, field notes, statistics,
computations and other data in City's possession relative to existing
facilities and to the project.
ARTICLE V1
TRANSFER OF CONTRACT
The Engineer shall not assign, sublet or transfer its interest in this
agreement without the prior written consent of the City.
ARTICLE VII
TERMINATION OF CONTRACT
Section 1. The City may terminate this contract at any time and for any
cause by a notice in writing to the Engineer. Upon receipt of such
notice the Engineer shall immediately discontinue all services and work
and the placing of all orders or the entering into contracts for supplies,
assistance, facilities, and materials, in connection with the performance
of this contract and shall proceed to cancel promptly all existing con-
tracts insofar as they are chargeable to this contract.
Section 2. If the City terminates this contract under the foregoing
Section 1, the City shall pay the Engineer a reasonable amount for
services performed prior to such termination, which payment shall be
based upon the payroll cost of employees engaged on the work by the
Engineer up to the date of termination of the contract and for sub-
contract, reproduction, and survey work in accordance with the method
of compensation stated in Article 11 hereof.
Section 3. All completed or partially completed reports prepared under
this contract, including the original drawings, shall become the property
of the City when the contract is terminated, and may be used by City in
any manner he desires.
6 of 7
ARTICLE VIII
INDEPENDENT CONTRACTOR
Enaineer covenants -0 12rees that it wilI'perfor•m the work hereunder as
an inaependent contractor, and not as an officer, agent, servant, or
employee of the City; that the Engineer shall have exclusive control of
and the exclusive right to control the details of the work performed here-
under, and all persons performing same, and shall be liable for the acts
and omissions of its officers, agents, employees, contractors, subcontrac-
tors, and consultants; that the doctrine of respondeat superior shall not
apply as between the City and the Engineer, its officers, agents, em-
ployees, contractors, subcontractors, and consultants, and nothing herein
shall be construed as creating a partnership or joint enterprise between
City and Engineer.
IN WITNESS WHEREOF, the parties hereby ave executed t a Bement in
triplicate originals on this date, the Z
,09
2 day of ,
1980.
CITY OF DENTON
ATTEST: 8
ity nage
Atity ecretary RADY AND ASSOCIATES, INC.
ng neev
By
er o nson
Pre ent
4 Address: 910 Collier Street
Fort Worth, TX 76102
ATTEST: G
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R E S 0 L U? 1 0 N
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WHEREAS, the City of Denton holds Permit Nos. 1706-•A and
3312 authorizing the construction of he U. S. Corps of
Engiro£rs' A-. b. e; Darn and Reservoli Frvject; and
WHEREAS, the permits require construction to commence by
September 1, 1980 and be completed by September 1, 1983; and
WHEREAS, an extension of time under the permits is
necessary because the U.S. Corps of Engineers cannot commence
or complete the Aubrey Project with the time authorized in the
permits;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DENTON:
That the City Manager of the City of Denton be and is
hereby authorized to file with the Texas Department of Water
Resources a Joint application with the City of Dallas for an
extension of time to commence and complete construction under
Permit Nos. 1705-A and 3312.
PASSED AND APPROVED on thisL day of ii-l , 1980.
JAALZ
CI Y OF DENTON, TEXAS
ATTEST:
NOOKS HOLT, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
C.J. TAYLOR, JR. , CITY ATTORNEY
CITY OF DENTON, TEXAS
(1.
BY
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R E S O L U T I O N
WHEREAS, the governing body of the City of Denton, Texas,
on the Sth day of July, 1978, requesting that certain
individuals proceeded to re-organize and re-establish a
non-profit corporatiol pursuant to the Texas Non-Profit
Corporation Act, for.. the purpose of furthering educational
uppurtunities of stidents by providing funds for the
acquisition of student loans; that such has been accomplished,
the corporation bei•ig known as the "North Texas Higher
Education Authority, Inc."; and
WHEREAS, the North Texas Higher Education Authority, Inc.,
has proceeded in the development of a plan of doing business
and it is now appropriate for this governing body to approve
the actions taken and the composition of the Board of Directors
of the said Corporation; now, therefore,
BE IT RESOLVED BY T;iE CITY COUNCIL OF THE CITY OF DENTON,
TEXAS:
SECTION 1.
This governing body has been. advised by the North Texas
Higher Education Authority, Inc,, that such Corporation upon
approval thereof by the governing bodies of the Cities of
Denton and Arlington, Texas, proposes to Issue revenue bonds in
order to obtain funds to purchase student loan notes which are
guaranteed under the provisions of the Higher Education Act of
196S (Public Law 89-329), as amended, as provided by Chapter 53
of the Texas Education Code; that such bonds would be initially
Issued as "Series B" bonds in the aggregate principal amount of
$3S,000,000 and that such bonds would be payable from and be
secured by a pledge of revenues derived from or by reason of
the ownership of student loan notes and investment income after
deduction of such expenses for operating the loan program as
may be specified by the bond resolution or trust indenture
authorizing or s•acuring such bonds and the payment thereof.
SECTION 11.
This governing bcdy hereby requests that the North Texas
Hither Education Authority, inc., proceed with the issuance and
delivery of such bond. for the purposes aforesaid, and 4n this
connection requests that the said Corporation exercise the
powers enumerated and provided in Section 53.47 of the Texas
Education Code; that such non-profit corporation shall, In this
connection, exercise such powers for and on behalf of the City
and the State of Texas, as contemplatod by Section S3.47(0) of
the Texas Education Code.
SECTION 111.
That the following instruments or actions, to-wit:
(a) tho By-I•aws of the Corporation, as adopted by the
Board of Directors;
(b) the Articles of Amendment to the Articles of
Incorporation of the Corporation;
(c) the Plan of Doing Business of the Corporation, as
adopted by the Board of Directors;
(d) the election or designation of the eight
Directors of the Corporation; and
4
(e) the authorization of the Series B bonds of the
said Corpporation in the principal amount of
$35,000,000;
are hereby approved.
SECTION IV.
That the City of Denton Texas, agrees to accept cash that
may be conveyed to it by tie Corporation when such funds are
not encumbered and all bonds of the Corporation are paid and
retired but in no event does the City agree to assume any
responsibility in connection with the administration of this
student loan program; it being understood this responsibility
is being assumed by the Corporation.
SECTION V.
It is recognized by this governing body that the
instruments which authorize the issuance of bonds by the
Corporation will specifically state that the City of Denton,
Texas, is not obligated to pay the principal of or interest on
the bonds proposed to be Issued by the corporation. Nothing in
this resolution shall be construed as an indication by the City
of Denton, Texas, that it will pay or provide for the payment
of any obligations of the said Corporation whether heretofore
or hereafter incurred, and In this connection, attention is
called to the Constitution of Texas wherein it is provided that
a City may incur no indebtedness without having made provisions
for its payment, and the City of Denton hereby specifically
refused to set aside any present or future funds, assets or
money for the payment of any indebtedness or obligation of the
Corporation.
SECTION VI.
This Resolution shall be effective from and after its
passage and approval.
PASSED AND APPROVED, this the g „ 1 day of W ,
1980.
CI OP D~ TON, TEXAS
ATTES
UARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
CERTIFICATE OF SECRETARY
THE STATE OF TEXAS X
COUNTY OF DENTON X
To the undersigned, City Secretary of the City of Denton,
Texas, DO HERESY CERTIFY that according to the records of the
City of Denton, of which I am custodian, that:
1. The attached Resolution is a true and correct copy of a
resolution adopted by the governing body of the City of
Denton at a regular meeting on the 5th day of August,
1980.
2. At such meeting:
(a) a quorum of governing body was present on said date
of adoption, in that five (5) members of said
governing body were in attendance at such meeting
when the question of the adoption of the resolution
was called for and placed to a vote; and
(b) five (5) members of said governing body voted for
the adoption of such resolution and no members of
said governing body voted against its adoption and
no members abstained from voting; and
(c) the said Resolution was adopted only after a motion
was made that the r,-me be adopted and the seconding
of such motion; and
3. Prior to such meeting:
(a) notice of the time, place, subject and purpose of
the meeting had been duly given in the time, form
and manner required by the provisions of Section 3A,
Article 6252-17, V.A.T.C.S.
(b) actual notice of the time, place, subject and
purpose of the meeting had been given to each member
of the governing body of the City; and
4. The officers and members of the governing body of the
City of Denton as of the time of the passage of such resolution
was:
Richard 0. Stewart, Mayor
Richard H. Taliaferro, Mayor Pro-Tem
Bud Hensley, Councilman
Roland Vela, Councilman
Dr. Ray Stephens, Councilman
Dwight L. Cailey, Councilman
Charles Hopkins, Councilman
TO CERTIFY WHICH, witness my official signature and the
Seal of the City of Denton, this the 22nd day of July, 1980.
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CITY OF DENTON, TEXAS
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THE STATE OF TEXAS X CONCESSION AGREEMENT
COUNTY OF DENTON X MACK PARK NORTH
THIS AGREEMENT, made and entered into on this the 9,:5' day
of , 1980, by and between the City of Denton,
Texas, a holae rule municipal corporation ("the City"), and the
Denton Lions Club, a non-profit community service organization whose
address is Q, X fs/ ~OZz`Z_k,("the Concessionaire").
WHEREAS, the City owns, operates and maintains certain park and
recreation facilities generally known as Mack Park North; and
WHEREAS, the City desires to make available to the general
public and others using the said facilities, food and drink services
for the better accommodation, convenience and welfare of the general
public; and 4
WHEREAS, the City has requested and received proposals for the
concession rights and privileges of supplying said food and drink
services, and the City has determined that the Concrtasione-ire
submitted the highest and most satisfactory and most advantageous
proposal; and
WHEREAS, the Concessionaire is now ready, willing and able to
provide the said food and drink services;
NOW THEREFORE, in consideration of the covenants and agreements
herein contained and of the monies as hereinafter set forth, the
parties mutually agree as followsr
1. The City does hereby grant to the Concessionaire the
exclusive right to operate concessions (hereinafter more fully
described) at the concession structure now located at Mack Park
North and owned by the City of Denton.
2. The Concessionaire shall provide for the public at the said
location food, drink and service of high standard, equivalent in
quality and prico to that generally furnished to the public at
elmiliar places of comparable size and scope.
3. This contract shall be effective on_
1980, and shall expire five (5) years thereafter, unless sooner
terminated as otherwise provided.
4. The City may terminate this concession agreement and may
repossess the premises upon thirty (30) days written notice in the
event any of the terms, covenants and agreements of this agreement
have been violated, and, at the end of said thirty (30) days, all
the rights of the Concessionaire hereunder shall terminate. In
addition thereto, either party, betwoen January 1 and April 1, in
any year, may terminate this agreement by giving the other party
thirty (30) days written notice thereof, with or without cause. The
Concessionaire will deliver the premises at the termination of this
agreement in as good condition and state of repair as when received
except for ordinary wear and tear, vandalism or loss or damage
caused by an act of God.
5. The Concessionaire agrees to pay to the City fifty percent
(508) of the net receipts from the sale of all food and beverages.
The term "net re:nipts" shall be understood to mean the total amount
of money received by the Concessionaire in exchange for the goods
after the costs of the goods has been deducted including state sales
tax. Immediately upon the Concessionaire's receipt of monies from
the sale of foodstuffs and beverages, the percentage of monies
belonging to the City, as provided, shall immediately become the
property of the City, and the Concessionaire shall be responsible
for said monies until the same is delivered to the City at the end
of the season.
6. The Concessionaire shall keep a true and accurate account
of all monies received through the operation of the concession
herein granted and, within thirty (30) days after the., close of the
concession operations with a check made payable to the City of
Denton for the said percentage of gross receipts. Such report and
check shall be delivered to the Director of Finance with a copy of
said report to the Director of Parke and Recreation of the City.
7. The Concessionaire shall provide service to meet seasonal
public demand upon receipt of a printed game schedule from the
Recreation Department.
8. The Concessionaire shall comply with the laws of the United
States, State of Texas, the charter and ordinances of the City of
Denton, and all ruler, and regulations issued pursuant thereto.
9. The Concessionaire shall ure the a:aa and premises herein
described only for the purposes stated and for no unlawful purposes
whatsoever.
10. The Concessionaire shall not install any additional booths,
stands, fixtures, mobile units, or any other equipment in connection
with the business covered by this agreement except in cases of
tournaments or multiple games whereby Concessionaire be permitted to
move in a mobile unit to serve the public needs with verbal consent
of the Director of Parks and Recreation.
11. The Concessionaire shall secure public liability insurance
with minimum single injury limit of $25,000.00 from a company
s
licensed to do buusiness in the State of Texas, covering
concessionaire, his employees, agents, or representrtives against
all claims fur damages arising out of the operation of said
concession and it shall be expressly agreed that the City of Denton
shall not be liable for any &images arising out of or caused by the
operation of said concession. In addition, if Concessionaire
prepares any food products for sale at the stands, such a
hamburgers, hot dogs, or any other products requiring cooking or
similiar preparation before sale, Concessionaire will secure, in
addition to public liability insurance policy with single injury
limit of at least $25,000.00 covering all liability for foods so
propared by Concessionaire.
12, The Concessionaire shall not assign, transfer or sublet any
property or concession hereby granted, in whole or in part, without
written permission of the City.
13, in the event that the concession site shall be destroyed or
damaged by fire or other casualty so as to render it untenable,
either the City or the Concessionaire may elect to withdraw from
this agreement. Such election shall be indicated by written notice.
.
14. Any signs, posters or other advertising material displayed
by the Concessionaire shall be subject to the approval of the
Director of Parks and Recreation Department.
a 15. The City shall have the right to make inspections at any
reasonable time to insure compliance with this agreement.
16. Any waiver or any breach of covenants herein contained to
be kept and performed by Concessionaire or the City shall not be
deemed or considered as a continuing waiver and shall not operate to
bar or prevent the City or the Concessionaire from declaring a
forfeiture for any suceeding breach either of the same condition or
covenant or otherwise.
IN WITNE'1S WHEREOF, this agreement is executed as of the day
and year first above written.
CITY OF DENTON, TEXAS
BY: ,
CHRI RTUNG
CITY MANAGER
ATTEST:
,A404---
KS HOLT, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
ITY ATTORNEY'S OFFICE
CITY OF DENTON, TEXAS
DENTON LIONS CLUB
BY: 40 -2 r2 D
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PRESID N
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T E STATE OF TEXAS, KNO"iv ALL MEYOL N BY1027 THESE PRESENTS:
COUNTY OF Denton ;
THAT Jesse A. Coffey DEED RECORDS 21243
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 passags Im, along, upon and across the following
described property,
owned by him . Situated in Denton County, Texas, in the
M. Yoachum Survey, Abstract No. 1442
All that certain lot, tract or parcel of land situated in the M. Yoachum Survey, Abstract
No. 1442 Denton County, Texas; said tract being part of a tract shown by deed to Singing
Oaks Apartments No. 1 and recorded in Volume 601, page 503 of the Deed Records of Denton
County, Texas and being more particularly described as follows:
Beginning, for the southwest corner of the tract being described herein at a point
South 88° 24 minutes East 115.7 feet from the Southwest corner of said Singing Oaks Apart-
ment tract, said point being 30.0 feet West of the centerline of an existing power line;
Thence North 1° 35 minutes 20 seconds East parallel with & 30.0 feet West of said
centerline 810.0 feet to a point in the North line of said Singing Oaks Apartment tract;
Thence South 88° 24 minutes East with the North line of said tract 60.0 feet to a point
30.0 feet East of said centerline;
Thence South 1° 35 minutes 20 seconds West parallel with & 30.0 feet East of said
centerline 559.5 feet to the North side of a two-story apartment building;
Thence North 881 16 minutes West with the North side of said building 3.4 feet to the
West side of said building;
Thence South 1° 44 minutes West with the West side of said building 39.9 feet to the
South side of said building;
Thence South 88° 16 minutes East with the South side of said building 3.5 feet to a
point;
Thence South 1° 35 minutes 20 seconds West 152.8 feet to the North side of a two-story
apartment building;
Thence North 88 degrees 16 minutes West with the North side of said building 3.9 feet
to the West side of sa4d building;
Thence South 1° 44 minutes West with West side of said building 39.2 feet to the south
side of said building;
Thence South 88 degrees 16 minutes East with the south side of said building 4.0 feet
to a point; F
Thence South 1° 35 minutes 20 seconds West 18.6 feet to a point 30.0 feet East
of the centerline of an existing power line;
Thence North 88 degrees 24 minutes West 60.0 feet to the Point of Beginning
and containing 1.109 acres;
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 premisea 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 described.
Witt hand , this the 4Ssy o D. 19~U
use A. Coffey
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SINGLE ACKNOWLEDGMENT VOL102 ( YALE M
THE STATE OF TEXAS, BEFORE ME, the undersigned authority,
CG enton_... f
1 p ®ep Texas, on this day personally appeared._jes_se A...._Goffey.----
!,6-own4dme'to'be 41 m whose name 44 suhs,r hod to the foregoing metrumernt, and aekr,owladged to me
he_.&•xecuZd d snnu for the purposes and consideration therein expressed.
GIVEN 0,71) Y IIAVD Ah'D SFAL 0° OFFICE, TH~ c?2S Ly of LG_ .A.D. 19 0
Notary Public, C~oyunty, Texas
' My Commission Expires Jalverelt-l916 -P-60
SINGLE ACKNOWLEDGMENT
THE STATE OF TEXAS, BEFORE ME, the undersigned authority,
COUNTY OF
in and for said tou,.ly, Texas, on this day personally appeared
- _
known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me
that he. executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL, OF OFFICE, This day of . , A.D. 19
(L.S.)
Notary Public, County, Texas
My Commission Expires June 1, 19
CORPORATION ACKNOWLEDGMENT
THE STATE OF TEXAS, l
COUNTY OI' j BEFORE ME, the undersigned authority,
in and for Bald County, Texas, on this day personally appeared
e knmcn to the to he the prrson and officer
whose name is eubscrilwd to the foregoing Instrrmont nmi nekncwledged to me that the same was the act of the said
a corporation, and that he executed the same ns thq net of such corporation for the purposes and consideration therein
expressed, and In the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This . day of A.D. 19
(L.S.)
Notary Public, ___4 ' exes
p..
My Commission ExpEr Jm 9
CLERK'S CERTIFICATE
THE STATE OF TEXAS, I A $ unty
COUNTY OF,..._.........
Clerk of the County Court of said County, do hereby certify that the foreg g Inn ant ap wr3tn n the
day of , A. D. 19 with its rtiflc ~tAr~t fl a ed for
record In my office on the day of A. D. If at~..__ lociae,r nd duly
o- in the
recorded this aY.. of... A, D. Vol,
Records of snid County, n Volu .
WITNESS iifY BAND AND SEAL OF THE COUNTY COURT of said County, a ee in .
, the day and year last above written. $7
County Clerk County, Texas.
IL 8.) By _ . , Deputy.
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OATH OF OFFICE r
1
,TMi C rV G T I , do solemnly
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swear (or affirm) that I will faithfully execute the 3uties of the office
of ! of the City of Denton, Texas,
and will to the best of my ability preserve, protect and defend the
Constitution and laws of the United States and of this State and the
Charter and Ordinances of this City.
Subscribed and wor to fore me the underol ned on this the ,
day of A.D. l l~. To certify w ich he
witness my and czl of office.
C ^FtiRF'PAhY
CITY OF MHTUN, TFXAS 1
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OATH OF OFFICF.
I, ' do solemnly
swear (or a firm) that I will faithful execuute the duties of the office
of Oo'-( - 4J 1 the City of Denton, Texas,
and will, to the best of my ability preserve, protect and defend the
Constitution and laws of the United States and of this State and the
Charter and Ordinances of this City.
Subscribed and swo toZ b ore me the unders t~d on this the
day of , A. 1). 1 To certify which
witness my hand seal f office.
C161 Y; CRh AR
CITY OF DFNTON, TEXAS
~
OATH OF OFFICE '
I, A' do solemnly
swear (or affirm) that I will faithfully epeute the dui.ies of the office
of of the City of Denton, Texas,
and will to the best of any ability preserve, protect and defend the
Cunstitution and lawn of Lhe United States and of this State and the
Charter and Ordinances of this City.
Subscribed and $ p b fore me the unders Yned on this the it
day of Al 1 To certify which
witness my ha d,and al of office.
CI'~Y- Rt NY
CITY OF DENTON* TEXAS
.
i
OATH OF OFFICE K2-~"x'l ) ~ eov do solemnly
swear (or affirm) that I will fai~hfull executejh duties of; the of~i
of of the Cit of Denton, Texas,
and will to the best of my ability preserve, protect and defend the
Constitution and laws of the United States and of this State and the
Charter and Ordinances of this City.
Subscribed and ~ orn t ,before me the undersigned on this th
day of 25-' , A.D. 14. To certify which
witness rrpr/ and re6l of office.
Y SECRETARY
CITY OF DENTON, TEXAS
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J OATIT OF OFFICE
I, do FS-7~ y'-e S , do solemnly
swear (or affirm) that (I~}~~1 G will faithfully execute the duties of the office
J ~~P T ~ 7
of er4r 2~N S rr'`1'P y 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.
L 1---
Subscribe:d and orn t lefore me the undersi on this th
day of A. D. 19 To certi which
witness my a and s o; office. ,al CITY ECRWARY
CITY OF DENTON, TEXAS
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OATH OF OFFICE
G~~i~ . , do solemnly
r~
swear (or affirm)) th t I will faithfully execute the duties of the office
of ~r~m~ntGCArf 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.
7
Subscribed and orn before me the unders a on this the 152<L i
zo~
day of , A.D. 19 To certify which
witness my h and s of office.
CI CAE ARY
C Y OF DENTON, TEXAS
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OATH OF OFFICE
do solemnly
swear (rfeffirrn) that ll faithfully execute the duties of the office
of Q of the pity of Denton, Texas,
and will to the best of my ability preserve, protect and defend the
(',)nstitution and laws of the United States and of this State and the
Charter and Ordinances of this City.
Subscribed and savor to before me the undersigned on this th6* "
day of - RT , A.D. 19To certify whic~` h
IF, -
witness rd an eal of office.
r
E ff CRETARY
;QTY OF DENTON, TEXAS
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OATH OF OFFICE
do solemnly
swear (or affirm} that I will faithfully execute the duties of the office
of of the City of Denton, Texas,
and will to the best of my ability preserve, protect and defend the
Conatitution and laws of the United States and of this State and the
Charter and Ordinances of this City.
Subscribed an sworn to before me the undersigned on this the t
day of A.D. 19 To certify which
witness my nd and seal of office.
CIT SECRETARY
CITY OF DENTON, TKXAS
~ ~F'
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s
l y~ OATH OF OFFICE
do solemnly
swear (or affirm) that I will faithfully execute the duties of the office
of (f, 7"/ 2-2f)03 ~ Cr ,41c e`S/~~ Chle City of Dent..-, 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.
f
Subscribed and orn before me the undersi n(~4 on this the o `
day of , A.D. 19. To certify which
witness my h and eal. of office.
. /J
CI Y SEC ARY
CITY OF DENTON, TEXAS
4
JD
~J OATH OF OFFICE \
R. To L E loo A do solemnly
swear (or affirm) that J will faithfully execute the duties of the offi!a
of of the City of Denton, Texas,
v
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.
l
,
Subscribed and w rn t before ne the undersigned on this th~
day of , A.D. 19,ypV To certify which
witness ~ and s'al of office.
CIT RFTAA
CITY OF DENTON, TEXAS
• II
'~oD
3
Qb
OATH OF OFFICE
I, td do solemnly
swear (,or-affirm) that I will faithfully execute the duties of the office
of V meant, ~d~,. ~L of the City of Denton, Texas,
and will to the best of my ability preserve, protect and defend the
Constitution and laws of the United States and of this State and the
Charter and Ordinances of this City.
Subscribed and rn t before me the unders d on this the.,
day of A.D. 1 To certify which
witness :ray ha nd s 1 of office.
C 3 CRETAR
CITY OF DENTON, TEXAS
s'
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OATH OF OFFICE
do solemnly
swear (or affirro~that I will faithfully execute the duties of the office
of of the City of Denton, Texas,
and will to the best of riy 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.
a e
Subscribed and worn to before me the, und•rsi ned on this the
day of A. D. 1.117
To certify which
witness rtpr and meal of office.
CIT S .RETARY
CITY OF DENTON, TEXAS
~j
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OATH OF OFFICE
I, 4 et"' 'S , do solemnly
swear (o//r affirm) that I will faithfully execute the duties of the office
of ~a ici I~i~ec r c~ ~~c Zvi Ce r~ l~~ r of the City of Denton, Texas,
and will to the best of my ability preserve, protect and defend the
Constitution and laws of the United States and of this State and the
Charter and Ordinances of this City.
Subscribed and sworn to before me the undersigned on this the 2 d /
day of --yuc.y , A.D. 19_k(> To certify which
witness my hand and seal of office.
q ECR Y
ITY OF DENTON, TEXAS
k~
TF
OAT11 OF OFFICE
r
I, 1' le'' , do solemnly
swear (or affirm) that I will faithfully execute the duties of tt: office
of ' ae(fil ac V; of the i of D
; Con, Texas,
I and will to the best of my ability preserve, p t nd defend the
Constitution and laws of the United States and of this State and the
Charter and Ordinances of this City.
a
Subscribed andX;& sworn to before me the undersi ed on this the Z d
day of , A.D. N To certify which
witness my hand a d seal of office.
CITY EO $TARY
CITY OF DENTON, TEXAS
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OATH OF OFFICE
4-J,~ do solemnly
swear (or affirm) that I will faithfully execute the duties of the office
of //~fzR%f~ boK',{ ~~c^Pg of the City of Dentor., 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.
r fy
Subscribed an V 'al or'to before me the unders ne on this the
day of LL/ , A.D. 19 To certif which
witness my d and seal of office.
CIT y RETARY
CITY OF DENTON, TEXAS
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Ifn'
1r
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OATH OF OFFICE
I, ~.~-✓✓.c - s_ , do solemnly
swear (or affirm) that I will faithfully execute the duties of the office
of the City of Denton Texas
and will to the best of nay 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.
/ f
Subscribed and worn o before me the undersigned on this the~22~e
day of A. D. 1. To certify which
witness my and seal of office.
~ i
~fl ARY
CIV OF DENTON, TIXAS
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OATH OF OFFICE
I, 610'01r-144 OL L- -44 , do solemnly
swear (or affi ) that I will faithfully execute the duties of the office
of of the City of Denton, Texas,
and will to t est of my ability preserve, protect and defend the
Constitution and laws of the United States and of this State and the
CharLer and Ordinances of this City.
Subscribed and sworr~,to before me the urdersi ned on this the
day of l/ , A.D. 1 To certify ich
witness m an seal of office.
CITY SECRETARY
CITY OF DENTON, TEXAS
I
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^ e
OATH OF OFFICE
do solemnly
swea (or affirm) that /J1 will faithfully execute the duties of the office
of A'~y of the City of Denton, Texas,
and will to the best of my ability preserve, protect and defend the
Constitution and laws of the United States and of this State and the
Charter and Ordinances of this City.
Subscribed and s n t before me the undersigned on this the me'
day of c 24- , A.D. 1? To certify which
witness my h d d s of office.
CIl S . RETARY
CITY OF DENTON, TEXAS
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Ca
A 96 -%VARPANTY DE?.D-with General and Corpx ttoa AcknowWg nta MARTIN Stat"err Co. Dauae
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`THE STATE OF TEXAS,
1 ' Know All Men V These Presents:
COUNTY OK....... .U.F.K.TO......__
I
j That The City of Denton, Texas, FL Municipal Corporation
1
j of the County of Denton , Sate of Texas %"-i in c-o9deration of
the sum of
One Thousand Eight Hundred Twenty-Six and 50/100 ($1,828.50)-- DOLLARS,
j~
to it in band paid by Kathryn M. Arrington
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have Granted, Sold and Conveyed, arul by these presents do Grant, Sell and Convey unto the said
Kathryn H. Arrington /
of the County of Denton , Slate of Texas all that certain
lot, tract or parcel of land lying and being situated in the City and County of
Denton, State of Texas, being part of the H. Puchalski Survey, Abstract No. 996,
and being parL of Lot 4, Block 1 of the Mr-nded College Addition, an addition to
the City and County of Denton, also being part of a tract of land conveyed to the
City of Denton by an Award of Special Commissioners of the County Court at Law of
Denton County, Texas In the proceedings. of the City of Denton, Texas vs. Bred
Arrington, et ux as filtd on November 2, 1978 and is more particularly described
as follower
BEOINNING at the southwest oorn-rr of said tract nafd point of beginning lying in
the north right of way line of siakory Street and being 220.0 feet east of the
intersection of the north right of way line of Hickory Street and the east right
of way line of routs Streetf
i
l TRENCH west along the south boundary line of said tract sane being the north right
of way line of Hickory Street a distance of 40.0 feet to a point for a cornerf
r
THWCB north 10 58' 26' west a distance of 145.16 feet to a point for a corner
! in the north boundary line of said tractf
TBFNCB east along the north boundary line o! said-tract a distance of 45.0 feet to
a point for a corner, same being the northeast coiner of said tracts
1'g8NC8 south along the east boundary line of said tract a distance of 145.08 feat
tto the place of beginning and containing 6,165.65 square feet of land, more nr
g lelNl,
G Pi,OVIDED further th,m, curb cuts shall be permitted on the' above described t:ractJ
r of land. ?
,
• i ;1 Yy..•..+~'r~'~v F... r i ~ r.r.QtT'±. ~ J.'`♦ .r,'1.r i =.i,~01.
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TO HAVE AND TO HOLD the above dmrited premises, together with all and singular, the dghO and
appurtenances thereto in anywise belonging unto the said Kathryn N1. Arrington, her
dogs
heirs and assigns fore ~•er; and i t do? ,S
bind itself, its
heirs, executors and administrators, to Warrant and Forever Defend all and singular the said premises unto the
avid Katbryn M. Arrington, her
heirs and assigns against every person whornwever lawfully claiming, or to claim the same, or any part
thr, eof.
Witness our harkd at Denton, Texas this day of
A.D. 19 80 i
4%)ltnesses at Request of Grantor:
TfIE„CITY
I1R BUT, CITY SECRETARY
CITY OF J)rN9.'0,4, TPXAS
d xa.
all
I ACKNOWLEDGMENT
THE STATE OF TEXAS,
BEFORE ,ME, the undasigred authority,
COUNTY OF_.__.___..._...._.................
in and for rdd County, Texas, on tbb day personally appeared
known to n,e to be the per»v.. toso home. _ -°bm: bed :o the foregoing Instrument, and acknowledged to me that
ha_._..exe:uted the same for the purposes and comideration therein expte&scd.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This ................................day of...................................................., A. D. 19......._.....
(L.S.)
Notary ['ubiic,__........... .......................................County, Texas
My Commission Expires June.............. 19
ACKNOA LEDGME [T
THE STATE OF TEXAS,
BEI.ORE ME, the understgned authority,
COUNTY OF_
In and for said County, Texas, on this day personally appeared
known to me to be the person........ whose name sibscribed to the foregoing instrument, and acknowledged to me that
.__.he._._.executed the same for the purpow and consideration thereinexpresed.
GiV£Y UNDER 31Y HAND AND SEAL OF OFFICE, This ................................day of..... A. D.19........_.» y
(L S) ~JI
Notary PubVc,...,. County, Texas
My Commmon Expire June 19._._._
CORPORATION ACKNOVtLEDGMENT
THE STATE OF TEXAS,
DENTON BEFORE ME, the undersigned authority,
COUNTY OP_.»~__.__.. _
•
In and for sold County, Texas, on this day personally appeared, ..111- 17.$.Td ....Q.r.....$.~.4'Ws1.fi.t.e.... .~y.(Jx ...Q
City of Denton, Texas
known to ma to be the person and officer
whole sume Is subscribed to the foregoing Instrument and acknowkd;ed to me that the same was the act of the mid....
_CitX Uneil o! the..City_o.i_.Den,ton.,. Texas..........
a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and to
the cp pu7i;Ir lpere)at)~Ied. p f
~GiY
f
i ttEN !UN'D£RAlY HAND AND SPAT. OF OFFICE, This _..da of . . . A. D.
i9..~Q_..
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iLs)
f Notary Public Benton ..,.,......,...County, Teresa
My Com0won 104/
1
THE STATE OF TEXAS,
Courm or.__
Cmmly Clark of tha County Court of mid County, do hereby certify That the foregoing Instrument of writing ddcd on the.......
If of. _ A.D. 19.... with its Certificate of Authentication, was filed for record In my office
efW._..»..._..._,»...
es 1hr. desy , A.D. I9..._.... , at__..... _.,,.,cAlock..._........... M., and was duly Worded OIL-
' day of A .D. 19....... » ......It., In the Records of said County, in Val.
z or
game an 1WITKI II my hand and teal of the County Court of told County, at my uffice in.......
» _ » .the day and year L t above wdttea.
Y sic,' }Y*~! ~a. ' » . » .
Clark County Coork_.. ........County, Tess
e r tss y ti By.. » » » Deputy.
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INDEPENDENT CONTRACTOR'S AGREEMENT
THE STATE OF TEXAS (
COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS:
)
The City of Denton, Texas, a Municipal Home Rule City
situated in Denton County, Texas, hereinafter called "City",
acting herein by and through its City Manager, and Computer
Consulting Company, hereinafter called Contractor, hereby
mutually agree as follows:
1. SERVICES TO BE PERFORMED: City hereby retains
Contractor to perforn the hereinafter designated services and
Contractor agrees to perform the following services:
A. Clean-up Library Files.
B. Special Reports for Census Project.
C. Analyze and Clean-up Accounting Files as Directed.
2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay
Contractor for the services performed hereunder as follows:
A. Amount of Payments for Services:
B. Twenty-Five Dollars (:25.00) per hour.
B. Dates of Payments:
One week after services are received.
3. SUPERVISION AND CONTROL BY CITY: It is mutually
understood and agreed by and I)etween City and Contractor that
Contractor is an Independent Contractor and shall not be deemed
to be or considered an employee of the City of Denton, Texas for
the purposes of income tax, withholding, social security taxes,
vacation or sick leave benefits, or any other City employee
benefit. The City shall not have suporvi,:ion and control of
Contractor or any employee of Contractor, but it is expressly
understood that Contractor shall perform the services hereunder
at the direction of and to the satisfaction of the City Manager
of th6 City of Denton or his designee under thi:; a,greom ent.
4. SOURCE OF FUNDS: All payments to Contractor under this
agreement are to be paid by the City from funds appropriated by
the City Council for such purposes in the Budget of the City of
Denton.
.
S. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City
agrees to furnish to Contractor the following services and/or
supplies:
1. Computer Time.
2. Terminal Use.
3. Documentation of the Systems.
6. INSURANCE: Contractor shall provide at his own cost and
expense workmen's compensation insurance, liability insurance,
and all other insurance necessary to protect Contractor in the
operation of Contractor's business.
7. CANCELLATION: City reserves the right to cancel this
Agreement at any time by giving Contractor thirty (30) days
written notice of its intention to cancel this Agreement.
8. TERM OF CONTRACTS This Agreement shall commence on the
30th day of July, 1980, and end after one hundred and fifteen
(11S) hours.
EXECUTED the this day of 1980.
CITY OF ENTO ERAS
BY:
CITY MANAGER
ATTH
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
COMPUTER CONSULTING COMPANY
BY:
The U. B. Smith, Jr,, is hereby designated as the person to
administer the provision of thi0,2.
DXTH - - CITY KANAGEF-4'1~
~t .
7
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THE STA'L'E OF TEXASs KNOIV ALL MEN BY THESE PRESENTS:
COUNTY OF Denton Uj
CARDS
THAT Metroplex Equities, Inc., Trustee 2201,9
of Dallas County, Texas , in consideration of the sum of
One Dollar ($1.00) and no/cents 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
r
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
M. Austin Survey, Abstract No. 4
All that certain lot, tract or parcel of land situated in the M. Yoachum Survey, Abstract
No. 1442 and the M. Austin Survey, Abstract No. 4 Denton County, Texas; said tract being
part of a tract sh-iwn by deed to Metroplex Equities Inc., Trustee and recorded in Volume
667, page 304 of the Deed Records of Denton County, Texas and being more particularly
described as follows:
Beginning, for the northwest corner of the tract being described herein at a point in the
South R.O.W. of McKinney Street that is North 66 degrees 16 minutes 10 seconds West
213.9 feet from the northeast corner of said Metroplex equities tract, said beginning
point 37.5 feet east of the centerline of an existing power line;
Thence South 1 degree 34 minutes 10 seconds West parallel with and 37 5 feet east of sal
centerline 2243.4 feet to the middle of Pecan Creek;
Thence South 85 degrees 24 minutes West with middle of said creek 75.1, feet'to point
37.5 feet west of said centerline;
Thence North 1 degree 34 minutes 10 seconds East parallel with and 37.5 feet west of said
centerline 2261.9 feet to a point on the South R.O.W. of McKinney Street;
Thence South 83 degrees 05 minutes 30 seconds East with said R.O.W. 64.7 feet to a wood
R.O.N. monument;
Thence South 66 degree 16 minutes 10 seconds East 11,4 feet+to the point of beginning
and containing 3.88 acres.
And it is further agreed that the said the City of Denton
In considers,doa of the benefits above set out, will remove from the property above eescribed, such fences,
buildings and other obstructions as may now be found upon said property.
For the purpose of constructing, reconstructing, installing, re,airing and perpetually
maintaining public utilities
in, along, upon and
across said premises, with the right and privilege at all times of the grantm herein, his or its agents,
employees, workmen arid representatives having ingress, egress, and regress In, along upon and across
said premises for the purpose of making additions to, Improvements on any repairs to the said
public utilities
any part thereof.
TO HA AND TO HOLD unto the said City of Denton, Texas as aforesaid fora
the pu foreaald th premises above described,
this the ~ r day of s?" AO' , A. D. 1980.
Metroplex sties, Inc., 1r tee
-1 YOLIO29 tAy 281
vo11029 t'AE 282
THE STATE OF TEXAS I ACKNOWLEDGMENT
,
C OF ( _ ~.yB~EFORE AIE, the ;mdersigned authority,
~i'daid County, Texas, on this day personally appeased l~0 _.!*1}►~o0e
tY ~J > _
r L , Ynolen t e 1d' d the person whose name sul,scr he to the foregoing In trument, and ocknowledged to me
the : t %xecuted the same for the purposes and consideration therein expressed.
~t~r5 *;?"DER MY 1IAFD AD'D SEAL OF OFFICE Thip ~ 'a Of A.D. 19YIP
Notary Public, __.--Count
y, Texas
r., 10
My Commission Expires June 1, 1914.
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
than;.,.. be._,executed the name for the purposes and consideration therein expressed.
GIVEN UNDER MY ELAND AND SEAL OF OFFICE, This day of , A.D. 19
(L. S. (
Notary Public, County, Texas
My Commisslon Expires June 1, ID
CORPORATION ACKNOWLEDGMENT
THE STATE OF TEXAS, 1 BEFORE .IE, the undersigned authority,
COUNTY OF
1
in and for said County, Ttxns, on this day personally appeared
kntmri to re to he the parson and oMcer
whose name Is subscribed to the foregoing ins,rnm4nt and nrkrwadodgrd to me that the same wns the act of the sulii
a eorpornlEun, and that he exccutcd the snow ns the net of such curporation for the pvrp,srs and consideration th-rein
expressed, and in the capacity therelT, stated.
GIVEN UNDER MY BAND AND SEAL OF OFFICE, This day of , A,D. 19
Notary Public, . . ...............County, Texas
b[y Commleelon Expires June 1, 19...__
CLERK'S CEH IFICATE
THE STATE OF TEXAS,
COUNTY OF jiAILUfii%Af......_._.-_.COUifK.Cf.AfIR9N County
Conn CLERK. Deninn Cw*. Toth
Clerk of thedayu fY Court of said County, do hereby
certilI~hylfroegofnay~ya~ttaamdAitd~tkq'}iting
A D 611P a ntl.MA.Holumearpq oT'ihe°d+ ~ dtWtlgat!°n, wr.a datrd on filed the
for
record in my oftee on the day of al
coed o Denton 8A,tP4Ai1; as ots •t d hreonoiyI*A M., and duly
recorded this day of A.,tTl
un Y.l~3 8 MQ o'clock M in the
Records Co, n Volume..... . , on pages
n-
WITNESS MY HAND AND SEAL OF THE. COUNTY C yn~wAyy,,r I ■`/q{ e* .
, the day and t IBap ibme wri n. V '7_
County lOUM Ckuk Os~tvn Cou d(s S}»l County, Texas.
(L S.) $y Deputy.
to ~ ~
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191
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9 I A
MWE TITLE INSURANCE Company of Dallas
PURCHASER'S STATEMENT
DATE GF No _ 22117
SALE FROM George Frook, et al TO City bf Denton,Texa6.
PROPERTY __?@rt_of,ILot_#1, Blk. A,E_preaewe x~ri~lsa~.~i
x
a ddn.
PURCHASE PRICE
~erk Es 4,800.00
PLUS CHARGES (2)
Filing fees to County Clerk WD 11.00 REL 6.00 DT
i5T Agmt - Aff s 17~00__
Loan charges and fees due to _
- - s
Loan transfer fee or assumption fee _ a
Fees to f P -.Title Company
Title Pohcy Owner --1280 00-- Mortgaq_ep ~ Binder
-Escrow JJUU Restrictions_
a 158.00
TaxCerlif,cates State and County
GtyandSchoc-
Other - a 18.00
a
Survey fee to _
Attorney's fees for preparation of papers to - $
_
IS
Flood insurance premium to _ a
Hazard insurance premium to s _
Tex and insurance escrowed with a - -
mos tax deposd@a _4er mot _
mos hazard insurance@--_ --per mo _
____mos flood insurance@a,____--_ -per mo
mos mortgage insurance@ per mo
Interest from to a
- - a
Proration of harard insurance from to IS
Proration of Ifood insurance from to s -
Maintenance charge proration from
Tax proration from
-
snowed accounts with lender purchased from Seller
TOTAL CHARGES $193.00
LESS REblfS GROSS AMOUNT DUE BY PURCHASER j41993-00
~
Downpaymenl or earnest monry paid to
Loanlrom
Notee:sumed
_ - s -
Interest proration from _ to
Tax proration from to _ . s
Rent proration horn - 10
01her Credit
TOTAL CREDITS $ 00 00---00 00
BALANCE DUE BYi3111`5 PURCHASER IIAA_ .00
Purchaser understands Ire Cioernq or Escrow Agent has assembled this information representing the transaction from
the best rnformaeon available from other sourc6s and cannot guarantee the accuracy thereof. Any reel estate agent a lender
involved may be furnished a copy of this Statement
Purchaser understands that tax ■nd insurance prorstions and reserves were based on hocres for the preceding Veer or
supplied by others of estimates for current year, and In the event of any chenge for current year, all necessary adfuHmants
must be made between Purchaser and SePer direct
The undersigned hereby authorizes USL if a Title Co.
disbursements as Mown above and approval some for payment The undersigned also eci.nowledges°recmake eipt of eLoarnrFund&
if applicable, to the amount shown above and a receipt of a copy of this Statement.
V
CLOSIHrJ 0 AGENT ADDRESS
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
C61IFE TITLE INSURANCE Companyof Dallas
USLIFL TITLE INSURANCE Company of Dallas, Dallas, Taxes, A Texas Corporation, herein celled "the
Company," hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in the
form now promulgated by the State Board of Insurance, in favor of the proposed insured{s) named in Schedule
A. as owner or mortgagee of the estate or interest described in Schedule A in the land described in Schedule A,
upon payment of the premium and charges therefor, ell subject to the provisions of Schedules A, 8 and C and
to the Conditions and Stipulations hereof,
This commitment shall be effective only when the identity of the proposed insured{s) and the amount of the
policy or policies committed for have been inserted io Schedule A hereof by the Company,
Th4commdment is solely preliminary to the issuance of such policy or policiesof Ilya insurance and the liability
and obligation of the Company to the proposed insured shall be limited to the expresstermsof this commitment,
All iiabibq and obligations hereunder shall cease and terminate ninety (90) days after the effective date hereof,
or when the policy committed for shall issue, whichever occurs first, provided that the failure to issue such
e policy is not the (auh of the Company.
In witness whereof, the Company has caused This commitment to be signed and sealed as of the effective date
of commitment as shown in Schedule A. the commitment to become valid and binding only when countersigned
Ly an authorized signatory
. .r 1
?rS6ALE - USLIFE TITLE INSURANCE Company of Dallas
'r r
Pra~denr as Cn,el [.ecurne pram
/t a I1,1t,? 14 d itzlPe2,
q, and Central Counter -
Aunt Senior Vice 7jR~swde~nz, 6ea,010
Avl ho ved Sian e rory
FormerN DALLAS TITLE AND GUARANTY COMPANY
FORM ,T C 3MMe71M
SCHEDULE A
Commi!,nent No. C ).032A6
GF No, or File No. CF22117-21
Effective Date of Commitment August 28th- 19-.8I) 7:00 o'clock __A M.
1. Policy or Policies to be Issued:
(a) Form T-1: Owner Policy of Title Insurance s 4,800.00
Proposed Insured: City of Dentont Texas, a Municipal Corporation
1b1 Form T-2: Mortgagee Policy of Title insurance S
Proposed insured:
Proposed Borrower:
tc) Form T-3: Mortgagee Titty Policy Binder on Interim Construction Loan
Proposed Insured:
Proposed Borrower:
(d) Other:
Proposed Insured:
1 The estate or interest ir. the land described or referred to in this Commitment and covered herein: (Fee simple, leasehold, easement, etc,
Identify or describe)
Fee simple
3. Record tide thereto at the effective date hereof appears to be vested In!
Geotge Prockt Gerald W. Tarvin.michael W. James,H. Earl Underwood
1. The land referred to In this Commitment is descnked as follows:
See attaohed for legal description
SCHEDULE A - Page 1 FORM rno-W ism gets ,asN
Attached to and made a part or USLIFE TITLE INSURANEE Company of Dallas Policy, Binder or Commitment No.
All that certain lot, tract or parcel of land situated in City and County of
MZt~n, State of taxes, and '.R:r, pr*t of the S.C.f:::am su,vey, Ab:t. No.
616, and being part of Lot No. 1, in Block "A", of SFIADY OW INDUSIRIAL PARK,
an Addition to the City of Denton, Texas,lnow kno4as LXPRESSWAY INDUSTRIAL
Park, according to plat of record in Volurre 2, Page 55, Plat Records of Denton
County, Texa;, and also being part of a tract of land as conveyed from
Addison Lee Luger, Trustee, to H. Earl Underwood, Michael W. James, Gerald
W. Tarvin, and Gabriel Milton Daspit, Jr, by special warranty deed dated
August 311 1979, and recorded in Volure 974, Page 191, Deed Records of
Denton County, Texas, and Gabriel Milton Daspit, Jr. to George Prock by deed
dated February 14, 1980, and recorded in Voltme 1003, Page 703, Deed Records
of Denton County, Texas, and more particularly described as follows;
EEGTNNING at the Southwest corner of sail tract, said point of beginning
being the intersection of the cast right of way line of Duncan Street and
the north boundary line of a private line;
TFIENCE North 3 deg. 32' 20" Fast along the west boundary lime of said
tract same being the east right of way line of Duncan Street a distance of
120 feet to a point for a corners
THENCE South 14 deg. 49' 22" East a distan a of 126.97 feet to a point for a
corner in the south boundary line of said tract, same belt the north boundary
line of a private road;
4RENCE North 85 derl, 44' 20" West along the south boundary line of said
tract, rare being the north toundary line of a private road, a distance of 40
feet to the place of beginning, and containing 2,400 square feet of land,
more or les;;.
MItc, INSt~t tOM71tN
~1
SCHEDULE B
Coinmjt nent No, 103246 ,
C. F. No. GF22117-21
Schedule 8 of S~ policy or policies to be issued will also contain the following exclusions and exceptions:
The policy will be subject to the Conditions and Stipulations thereof, the terms and conditions of the instrument creating the estate insured, if
any, shown in Schedule A, and to the following matters which will be additional exceptions from the coverage of the polity:
1. Restrictive covenants affecting the land described or referred to above, but in any mortgagee policy of title Insurance or mortgagee title policy
binder on interim construction loan, the Company will guarantee that any such restrictive covenants have not been violated so as to affect, and
that a future violation thereof will not affect the validity or priority of tha insured mortgage.
Done of record except the following: Those recorded in Volume 407, Page 288, and in
Volume 493, Page 541, Deed Records of Denton County, Texas.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments, or any overlapping of improvements.
3. Taxes for the year 19 80 and subsequent years, and subsequent as•cssments for prior years due to change in land usage or ownership,
not yet due and pay,;ble
4. Usury or cfalms of usury. fvloitgagee Poficy or Morlgagea Tide Policy Him,{er on Interim Conshtrcbun Loan only.}
5. Any right of msdssiun contained in any CONSUMER CREDIT PROr£C11ON or TkUTIll L£NDLN'C laws. (Mortgagee Policy or Mortgagee Title
Policy Binder on Interim Construction Loan only.)
6. No materials hate been furnished or any labor performed in connection with the cornlrudion contemplated hereunder prior to the execu-
tion, acl,nuscledgment, and delitcry of the lien instrument descnbcd under SCHEDULE A hereof, if the land dcscnSed under SCHEDULE A
forms any part of the homestead of the owner. May be deleted if sa,6faUOry evidence is furnished before binder is issued.) (Mortgagee Title
Policy Binder on Interim Construction Loan only.(
7• The lollos%mg Inn(s) and all terms, provision, and conditions of the irstrunri creo,n6 or evidencing said lien(s):
8. (INSERT HERE ALL OUTER SPECIFIC E%CEPrioNS AS TO SUPERIOR LIENS, EASEMENTS, OUTSTANDING MINERAL AND ROYALTY IN-
TERESTS, ETC.)
a. Waiver and approval dated November 18, 1974, executed by Acme Realty Co.,
innc. to Addison tee Pflu3er, Trustee of record in Vo1Lme 727, Page 360, Deed
Records of Denton County, Texas.
b. Agreement dated Doverber 18, 1974, executed by Sandy Corporation to Addison
Eke Pfluger, Trustee, of record in Volume 727, Page 355, Deed Records of
Denton County, Texas.
c. Any portion of the property herein described which falls within the
bourdaries of any road or roadway.
d. Visible and apparent eascmpnts on or across the property.
SrHFOtItE 0 Page 2 rortM (M.40 "M atta nary
SCHEDULE C /
Commitment No. 10324,,
G. F, No. GF22117-21
Schedule B of the policy to be issued mill also conwin exreptions with reape l to the following maters supposed to affect 1112 to the hereinabove
described property unless the follosrmtt matic+s are disposed of to the salisfactlon of the Company at or prior to the date of the issuance of
the policy:
1. Instrumenllsl creating the estate or interest to he insured must be approsed by the Company, executed and filed for record.
2. Salisfactory evidence that no person occupying the property or any portion thereof owns or claims any interest therein, either personally
or by right of another, adverse to the present record owner as shown In Schedule A.
Payment of the full consideration to, or for the account of, the grantors or mortgagor,
4. Payment of all taxes, charges and assessments levied or assessed against the subject estate or intc~est, which are currently due and payable.
5. Satisfactory evidence that all improvements and/or repairs and/or alterations thereto are completed and accepted by the owner and that al1
contractors, subcontractors, laborers and materiahnen have been paid in full, and no mechanic's, laborer's o, materfalmen's liens have
attached.
6. Any defect, lien, encumbrance or other matter affecting or supposed to affect title to the estate or interest to be Insured which may be
filed or which may arise subsequent to the effective date hereof.
7. If a mortgagee policy of t tte insutancr is to be issued, satisfactory cvidcnce that restrictions and restrictive covenants, if any, have not been
sioiaed so as to affect. aid that a future violitlon thereof Will not affect the vahddy or priority of the insured mortgage.
8. Deed of Trust dated Novtdtlbsrr 19, 1974, recorded in Volume 387, Page 509, Decd
of Trust Records of Denton County, Texas, executed by Addison Lee Ffluger,
Trustee to Stanloy Alli Trustie(s), securing the paytce'it of One note of
even date therewith in the stun of $202,186,00, payable to Morty Freccbon,
Trustee, Sam Blooms Trustee, and J. £afr,uel Wp[,~nstein, Trustee; which lien
was assigned to First State Rank of Denton by instrumml: dated Janivrry 300
1976, recorded in Volurte 773, Page 71 Deed Records, Denton County, lloxas.
9. Deed of Trust dated August 31, 1979, recordel in Voltmie 542, Page 807, Deed
of Trust Records of Denton County, Texas, executed by H.Earl
Underwood, hlichaeI W.James,Gerald W.Tarvin 5 Charles Milton Daspit,Jr to
Robert L. Trimble, Trustee(s), securing the payment of one note of even date
therewith in the em of $275,000.00, payable to Arddlwn Lee Pfluger, Trustee
10. Any taxes that may b' owing as will 1:- shown in tax certificates.
SCHEDULE C - Page 3 aom. rtc,~ sIM 41 Maas
CONDITIONS AND STIPULATI9NS
1, If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim
or other mailer affecting the estate or interest or mortgage thereon covered by this commitment other than
those shown in Schedule B hereof, and shall fail to disclose such knowledge to tf.e Company in writing, the
Company shall be relieved from liability for any loss or damage resulting from any act o' reliance hereon
to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured
shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of
any such defect, lien, encumbrance, adverse claim or other matter, the Company el ix option may amend
Schedule B of this commitment accordingly, but such amendment shall not relieve the Company from
liability previously incurred pursuant to Paragraph 2 of these Conditions and Stipulations.
2 Liability of the Company under this commitment shall be only to the named proposed Insured and such
parties included under the definition of Insured in the form of policy or policies committed for and only for
actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with he requirements
hereof, or (b) to eliminate exceptions shown in Schedule C. or (c) to acquire or create the estate or interest
or mortgage thereon covered by this commitment. In no event shall such liability exceed the amount stated
in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions
and the Conditions and Stipulations and Or! Exclusions from Coverage of the form of policy or policies
committed for in favor of the proposed Insured which are hereby incorporated by reference and are made
a part of this commitment except as expressly modified heroin
3 Any action or actions or rights of action that the proposed Insured may have or may bring arising out of the
status of the title to the estate or interest or the status of the mortgage thereon covered by this commitment
must be based on and are subject Ic the provisions of this commitment.
L
i c 4,1 r•. F r.1'. V I IF LIZ .l l lt~ t11 '7n' h.[~q (o r. U di.f
✓/-I ~ I or t /ft t v1 f l r f 1
fir.: ~ l+1 C.+ 11+;1KNOW ALL MEN 1'-Y TIUNE PRESENTS:
COUNTY OF DIiN'1'UN
That in consideration of the payment in full according to Me fare and lcnur thcreuf, of one
certain promissory note
described in a certain Deed of Trust
executed by El. Earl Underwood, Michael W. James, Gerald 14. Tarvin and
Charles Milton Daspit, Jr. to Robert L; Trivtb1(:, Trustee(s)
to Addison Lee Pfluger, Trustee
datecl the 31st clay of August 19 79 , turd recorded in Vol. 542 on
F1-e 807 of the record; of i)ooa ref 'J'rnst R11 CU rdS
of Denton Counnty"Pexas
the ouuer and hold.,w of said I ,te clo h.ruby rrle:v'v the vendor I s 1 ir_n
x:i,,~ctshmsn by said Deed of 'Prust to exit ulwrl the following dc• cribed land, to cec-ure puy-
aunt of snid note , tiz.:
All ti-.tit certain lot, tract or pn,-cpl of lark! lying oar! b)intl ";tlml.ed in th". City ur„l Cor';'ly (if Denton,
State of Texas, and being part of the S. C. Hiram %rvoy, Ahstract No. 0161 and l0nrl rt of Lot No
1, Block A of the Shady 011Ic; Irtdlistrial Park art addition to the City o,r Dentrn, Texas, noty F.no •n c>
Exgressrvay Industrial Park, ru:corri+ng to Plat of Record in Volume, P, Pnj1e 55, Pint Itc;;ords 0`
Denton County, Texas, and also being part of a tract of Nand as cnnvayerl from Adrllson l,ec !',kt!ger, : `
Trustee to 11. Earl Underwood, Affchaal W. ,Jamaa, Gerald 111. T(irvin, onri Gabriel Milton Daspit, Jr, by
special wzirrnnty deed Anted Auqugt 31, 197.,1, and recordod in Volume 974, Pa;Ie 191, Iked Record,
of U.nton County, Texas, and GrQN-ie! Atli ton 1)asr;t, Jr. to George Procl; by Deed dated February 1.1.
1980, and recorded in Volun>:% 1003, f'ctle. 703, Decd Rccorrt3 of Denton County, Taxes, and mor•?
particularly described as follows:
BEGINNING (it the soutliwest corner of saki tract, sntrl p,)tnt of 1wrlinidn..9 b^Ing tl;e intcrsection o'
the cr,ca right of way line of Duneno Street nnl ti,) imr-tlt briundc+ry liar of a p,-ivote line;
THENCE north 30 3? 20" cast along flip worst hom;clnr•y line of said 1,-nct s,une hCbiq the cost rig';'
of v)ny line of Drlncan Street a di.ttnrtcp of 1PR feet r9 a fo lni fr,^ n co•,:nr•;
THENCE south 14p 48' 22" vamt u diyrnnce of IE6.97 fret )v a point fo- a corner fn tree sout':
bourrlary line of said tract ^alrie bdiral 040 11p(7h lr11lr:•ror)' U12l of a p"N'rlt- run.,';
north 850 41' 20" woc,4 alonrl Ihc• :rnt;h 1,wrvbir•N' lira of suit taint sane b-!ing tlua norG:
boifolary line of a private rord a rlista,tce of 40 feet to Iho phial of hegi1milt2 and contabillig 2,40.1
square feet of land, mwe or les;.
Witness hand 0ri d.ry O r' 1 80
ADD1 ON LL1: Li IrUCI(, RUS'n'E
1,r-li'0100 Mf Jhe undor.~i rncrl a Notary Public
County of c 1 ~Z,: r' 6
In ar i for saki 0011nly,'1'cr:cc, oil thiy clay pereon'Ally appeal-ed
Addi.:;cuu D!.c- Pflutur, Tykist.ce
hnuwn to me to 1m the person Whose nsme suV!vrilwd to Ow fureiviinf; histrurnert, curl
acl:nnavlydperE to ma lint he executed On ,urine rnr the pUe)o.w;, vrd c01i,10cration therein exlna,:::,d.
GIVEN 11N1)}'at Di',' 1{ANl) AND S[:AL OF 0I-N1Ci:, Urfa ri;ly ofd fir'-. ~
A.1). Jt1 QQ .
N~rt,a y Public, c..1. r. Conr,ty, 11'exus
wa~llip^N~w' i\
1 tt. 8111AT ()xl /jXA
S, I(NOW ALL IIi>; N BY THESE pr.EsBNTS:
colliN yy oh'
'Glatt In cou~idoraliun of the payment in ful! according to The f;ce nod tenor thereof, of one
c(-rt:+in prolnis:,'ry note
described in a certain t)ced of 'frail
executed by, Addison Lee Pflug or, 7'rlistoe to Stanley Dlerui, Trustee(s), payable
to tiorty Freedman, Trustee, Sam lllnom, Tcustec 6 J. Samuel lloppenstein,
Ak Trustee and assignee) to First State Hank of Menton
d-Ite'l the 19th day of tlovom) or 19 74, and recorded in Vol. 387 on
p:!^ 'i0 of the r, c u,tt of P 1 Efe cl t dr:
f
of Denton Cc it it ty, Texas
tlhc o•+%uer and holllet• of enid note 1?i1 tf(q0,Y rvlc•;+er tho vendor's
lien shown by said I)ecc7 of Trust t+, o,;4 ul',nn tie full-OV11 cb~ 1-ibed land, to secure pay-
ment of said mute , viz.:
All that certain lot, tract or, pnrcei of to trl ly;nq clod fitting ;ibr lI,!d in Vv City and County of Denton,
Stott of Texas, and tieing part of Th., S. C. llirarn Survtiy,Ahstract No. 816, rind heir;) port of Lot No
11 Blocf; A of th? Shody Oaks bidastriat Pcrk all olditirrt b7 th+r City of Denton. Texas, noti:' known as
Exprevsivay Aidustriol Park, according to Plat of Record in Vr;tvne 2, Page 55, Pint Records of
Wilton Cavity, Texas, and also being part of a tr7c•t of taacl as conveyed from Addiso:t l,er. P61per,
Trustcs to 11. Fart Underwood, tlict)a^I W. ,furore, Caro!) TV. Tarvin, rued Gabriel Milton Dasptt, Jr. by
speclol wa,•r•anty d•.ed doled Au;pist 319 1979, a;td recr4dcd in Vattuno t174, Page 191, Dced Records
of Denton County, Texas, and Guhrict Miltari l)r!.~pit, Jr. to (;corge Prock hy Dood dated Febrttory 14,
1980, art,) recordr,of in Volume 1003, PoJr 7031 lv?od Rccord.s of Dcrlron Corinty, Texas, and more
purticularly doscrib.xl ns follows:
BEGINNING (it th? motthiucst curaor e.f sail) tract, said prir;t of bcgbinbirl being tha intersection of
the cast right of way Pin; of Duncan Strc:+t an:1 th nm•llt 1"sur tiry lino of r, private MI?;
THEWCE north 30 32' 20" cast olong the we%l bo iH,,iry tine of sold tract sarna luiag the east right
of way line of Dto)ccut Strect a dislanrc of i,^.J fe~•t to n j, ,!W frr it corner;
TI NCF,' south 140 43' 22" east a distnnrc• of 126.tr7 feet to n point frir a corner to the south
buundory line of subf tract some b in r do anrlh bore lipiry ter,-, of n privnte road;
TIf PNd-,' north 850 441 20" west olon,f th!' south lromrl try Ho:v of said tract scare bctrg the north
br:und ry line of a private road a dis!rncc of 40 feet to the place of he~7inntng mx1 coritnining 2,400
s,luare feet of land, more or lcs.
Witness band this 2nd ti:t;r of December., 19 so
Attest: ~J; l'.TRS'1' S'1'A9'f; IillidK OF DF:NTON
,.__._at
01
Sr. Vice pr<,lsidonL Io
Cashier 11y: - 1., 'r
Chairmen of tho Ifoald
ifIIP: S'PATB OF TE AS
County of Denton... I11;i OW till", lhcr undmiljned, it Notnry Public
_._Nurma-.ReilQy , ill ttnd fol. ,;:tid C'ou,lty,'Ccxr,S, aft this Q:ly perrortally appeared
or F'ira:t State Hank o1. Denton
ko(mn to rno to ba the Ixlrnon whose immo i.s Rub:;rrlhrd to thu foreyntar inArtnnertl, and
tttknuHledged to rno that. he execoted tbu same for I!te purp',dvs nud colt=ides ation therein expressed.
GIVEW UNDER MY RANI) ANT) SLAT, OF OFFICE, thid2ncl day of December ,
A. 1). 19 8 0 .
"
l..
i cr,. s.l,
u
Notary Pubtie, penLon County, Texas
Coilimissiott 1'.xpirest July 24, 1984
.
r
' r .
THE STATE OF TEXAS
COUNTY OF DENT01+ KNOW ALL MEN BY THESE PRESENTS:
)
That _ George Prock _ Gerald !J. Tervin
H. E;irl Underwood and Michael James ,
hereinafter called Sellers, acting through the undersigned and
duly authorized agent, hereby sells and agrees to convey unto
the City of Denotn, Texas, hereinafter .alled purchaser, the
following described property:
All that certain lot, tract or parcel of land lying and being
sitaated in the City and County of Denton, State of Texas, and
being part of the S. C. Hiram Survey, Abstract No. 616, and
being part of Lot No 1, Block A of the Shady Oaks Industrial
Park an addition to the City and County of Denton, and also
being part of a tract of land as conveyed from Addison Lee
Phluger, Trustee to H. Earl Underwood, Michael W. James, Gerald
W. Tarvin and Gabriel Milton Daspit, Jr. by special warranty
deed dated August 31, 1979, and recorded in Volume 974, Page
191 of the Deed Records of De:tton County, Texas, and Gabriel
Milton Daspit, Jr. to George Prock by deed dated February 14,
1980, and recorded in Volume 1003, Page 703 of the Deed Records
of Denton County, Texas, and more particularly described as
follows:
BEGINNING at the southwest corner of said tract, said point of
beginning being the intersection of the east right of way line
of Duncan Street and the north boundary line of a private line;
THENCE north 30 32' 20" east along the west boundary line of
said tract same being the east right of way line of Duncan
Street a distance of 120 feet to a point for a corner;
THENCE south 140 49' 22" east a distance of 126.97 feet to a
point for a corner in the south boundary line of said tract
same being the north boundary line of a private road;
THENCE north 850 44' 20" west along the south boundary line
of said tract same being the north boundary line of a private
road a distance of 40 feet to the place of beginning and
containing 2,400 square feet of land, more or less.
Seller and Purchaser agree that a consideration of Iwo
Dollars ($2.00) per squa1re foot is a reasonable and acceptable
consideration for said property.
Purchaser agrees to furnish Title Insurance Policy to said
property, which shall be conveyed free and clear of any and all
encumbrances except those named herein.
In accordance with the terms of the Real Estate License Act
of the State of Texas, you, as purchaser, are advised that you
should have the abstract covering the real estate which is the
subject of this contract examined by an attorney of your own
selection, or that you should be furnished with or obtain a
policy of title insurance.
If abstract is furnished, Purchaser agrees rithin ten days
from the receipt of said abstract either to accept the title as
shown by said abstract or to return it to the undersigned Agent
with the written objections to the title. If title policy is
furnished, Purchaser agrees to consummate the sale within ten
days from the date title company approves title.
sus
If any title objections are made, then the Seller or his
Agent shall have a reasonable time to cure said objections and
show good and marketable title. In the event of failure to
furnish good and marketable title, the purchase monoy hereby
receipted for is to be returned to Purchaser upon the
cancellation and rrLurn of this contract, or Purchaser may
enforce specific performance of same.
Seller agrees when the title objections are made, then the
Seller or his Agent shall have a reasonable time to core said
objections and show good and marketable title. In the event of
failure to furnish good and marketable title, the purchase
money hereby receipted for is to be returned to Purchaser upon
the cancellation and return of this contract, or Purchaser may
enforce specific performance of same.
Seller agrees when the title objections have been cured, to
deliver a good and sufficient General Warranty Deed properly
conveying said property to said Purchaser.
Taxes for the current year, the current rents, insurance,
and interest, (if any), are to be prorated to date of closing.
Seller and Purchaser agree that purchase of said orooer'y
is subject to the approval of the City Council of the City of
Denton, Texas. ,
Seller and Purchaser agree that said property is to to
exempt from any paving or curb assessments for such original
roadway to be constructed on said property.
Executed in triplicate this the day of July, 1960.
CITY ~QENT N TEXAS, P CHASER
BY
tia l~
AV,
0, 0 rl
g~
po►
s
itfrMjlvlir
DOCUMENT NUMBER 13b
CERTIFICATE OF CITY SECRETARY
THE STATE OF TEXAS §
§
COUNTY OF DENTON §
CITY OF DENTON §
I, the undersigned, City Secretary of the City of
Denton, Texas,(the City"), DO HEREBY CERTIFY that according
to the records of the City of which I am custodian, that: g
1. Ordinance Number 75-22 adopted by the governing
body of the City on the 18th day of July, 1975, and entitled
as follows:
"ORDINANCE by the City Council of the City of
Denton, Texas, relating to the creation of a
municipal power agency under the provisions
of Article 1435a, V.A.T.C.S.; creating such
a ency; defining its boundaries; making pro-
vision for a Board of Directors and their
method of selection; prescribing a name
fot such agency; enacting other provisions
i:icident and related to the subject and
purpose of this Ordinance and declaring an
emergency,"
has not been amended, repealed or modified in any respect;
and that notice of the intention to adopt such ordinance was
published in the DENTON RECORD-CHRONICLE on July 2 and 9,
1975, a true and correct copy of such ordinance and affidavit
of publication relating thereto being on file and of record
in the office of the Comptroller of Public Accounts, the
same having been previously supplied to the Attorney General
of Texas in connection with the initial two series of bonds
of the Texas Municipal Power Agency (Series 1975, 1976)
which have been approved by the Attorney General of Texas.
2. Ordinance Number 76-38 adopted by the governin body
of the City on the 27th day of August, 1976, and entitled
as follows:
"AN ORDINANCE by the City Council of the City of
Denton relating to the relationship of the
City of Bryan with the Texas Municipal Power
Agency; approving the construction of an
electric generating facility by the Agency,
to be known as Bryan Lignite Number One, as
well as certain System Development and Reliability
Expenditures and Development Projects and the
issuance of bonds by the said Agency for such
purposes; approving n Power Sales Contract
and providing for its execution on behalf of
this City; enacting other provisions incident
and related to the purpose of this ordinance,
and repealing conflicting ordinances or
r?_)Iations, and declaring an e,mi3rgc:ney."
and that said Ordinance has not been amended, repealed or
modified in any respect.
3. On the 2nd day of May, 1978, the governing body of
the City approved Texas Municipal Power Agency's participation
in the Comanche Peak Nuclear Project and such approval has
not been amended, repealed or modified in any respect.
4. The Power Sales Contract between Texas Municipal
Power Agency and the City, dated the 1st day of September,
1976, has not been amended, repealed or modified in any respect.
5. The validity of the Power Sales Contract was
upheld in two quo warranto proceedings instituted by the
County Attorney of Grimes County, Texas, such cases being
styled: State of Texas et rel Grimes Count% Taxpayers Association
v. Texas An ci a Power enc ex. v.
ppA 1918 writ sm an tate of Texas v. Texas Municipal
Power Agency, Cause No. 22,936 in the 12th 7udicia District
Cotur,-Grimes County, Texas; thereafter the validity of the
Power Sales Contract wda questioned and upheld in Kenneth R.
Caudle V. City of Garland. Texas, and Texas Munic Power
enc uy Aexan er v. ty o Greenville , exas, an
exam Mun`ici al rower n enc and David Stinson oT~ as v,
t o enton, exas, an Texas un c a ower ~~e__n~~c~yy
kcne City o Denton was a party to the awsu t styfte 4avid
Stinson Thomas v. City of Denton. Texas and Texas Municea
T-
Power gency);-a--n7 t e u gment in each case has become final.
6. The City has not challenged or questioned the
validity of the Power Sales Contract or the obligation of
the City contained therein and there are no proceedings
known to me in which the validity of the Power Sales Contract
is in question.
TO CERTIFY WHICH, witness my official signature and the
seal of said City, this the 31s'. day of July, 1980.
ecretar
City of Denton, Texas
(City Seal)
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