HomeMy WebLinkAbout09-1980
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SEP17EMBER
198
NO. 0
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON,
TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF
ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO, 69-1,
AND AS SAID MAP APPLIES TO APPROXIMATELY 6,274 Ar-DES ^F LAND AS
5HGWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON,
TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING
AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION I.
That the Zoning Map of the City of Denton, Texas, adopted
the 14th day of January, 1969, as aTi Appendix to the Code of
Ordinances of the City of Denton, Texas, under provisions of
Ordinance No. 69-1, be, and the some is hereby amended as
follows:
All the hereinafter described property is hereby removed
from the Agricultural "A" District as shown on said Zoning Map,
and all provisions of Ordinance No. 69-1, adopted the 14th day
of January, 1969, as amended, shall hereafter apply to said
property as Light Industrial "LI" District in the same manner
as other property located in the Light Industrial "LI" District
and more particularly described as follows:
All that certain tract or parcel of land situated in the 0. S.
Brewster Survey, Abstract No. 56, Denton County, Texas, being a
part of a certain (called) 61.770 acre tract deeded by M. L.
Godwin, Trustee to James F. Mason, Trustee on the 11th day of
July, 1974 recorded in Volume 725, Page 365, Deed Records of
said County and being more fully described as follows:
BEGINNING at the northwest corner of said 61.770 acre tract;
THENCE south 880 15' 30" east along the north boundary line
of said 61.770 acre tract a distance of 716.00 feet to an iron
pin;
THENCE south 890 49' 00" east a distance of 135.58 feet to an
iron pin;
THENCE south 000 ill 00" west a distance of 310.25 feet to an
iron pin;
THENCE north 890 49' 00" west a distance of 868.80 feet to an
iron pin in the west boundary line of said 61.770 acre tract;
THENCE north 020 42' 00" east along the west boundary line of
said 61.770 acre tract a distance of 330.04 feet to the point
of beginning and containing 6.278 acres of land, more or less.
SECTION IJ.
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 consideratioi, 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.
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SECTION III.
That this ordinance shall be in full force and effect
immediately after its passage and approval, the required public
hearings having heretofore been held by the Planning and Zoning
Commission and the City Council of the City of Denton, Texas,
after giving due notice thereof.
PASSED AND APPROVED this the 2----~ day of
A. D. 1980.
ICIARD , MAYOR-V
IT OF CE TON, TEXAS
ATTEST:
TY OF DENTON, TEXAS
APPROVED AS TO LEGAL PORM4
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OFF DENTON, TEXAS
BY: l .
JOB BELEW PAGE 2
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ORDINANCE NO. O b 9
AN ORDINANCE CREATING AND ESTABLISHING POSITIONS IN THE FIRE
DEPARTMENT IN THE CITY OF DENTON; PROVIDING FOR CLASSIFICATION OF
POSITIONS FOR THE FIRE DEPARTMENT OF THE CITY OF DEN';.ONj AN-)
REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWIT4.
10
WHEREAS, the Civil Service Commission has recommended the
creation of certain classified positions for the Denton Fire
Department; and
WHEREAS, P. is necessary, pursuant to the Texas Civil Service
Act, Article 1169mo that the Council create classified positions for
the Denton Fire Department;
NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I.
The following positions in the Fire Department of the City of
Denton are hereby created and established:
Fire Chief
Assistant Chief
Battalion Chiefs
Captains
Drivers
Firemen
and all position:; shall be classified positions, except the Fire
Chief.
SECTION II.
The City Council of the City of Don: shall each year in the
ordinance adopting the Budget for the (ity of Denton provide for the
number of persons to be employed L: r ch position. Until ot'..erwico
determined by the City Council there ;hall be the following -Timber
employed in each position:
6 1 Fire Chief
1 Assistant Chief
3 Battalion Chiefs
13 Captains
30 Drivers
33 Firemen
SECTION III.
All ordinances and resolutions in conflict herewith are hereby
repealed.
PASSED AND APPROVED this the day of ~-1 , 1980.
*R: 9TEW T, MAYO
%NTONj TEXAS
ATTEST:
nWIKS HOLT, CI SECRETARY
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
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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 helow; and
WHEREAS, the below described parcel of land was let for
bid on August 5, 1980 and the highest bid of Five Hundred
Twenty-Five and No/100 ($52S.00) Dollars was awarded to Morgan
Salmon;
WHEREAS, the City of Denton and purchaser o: said parcel,
Morgan Salmon, agree that a consideration of $S25.00 is a fair
and agreed value of such described property;
NOW, THEREFORE, BE IT RESOLVED BY ThE CITY COUNCIL OF THE
CITY OF DENTON, TEXAS, THAT:
1. The City Attorney is hereby authorized to prepare
whatever legal documents are necessary to complete the transfer
of property so described below;
All that certain lot, tract, or parcel of land lying and being
situated in the City and County of Denton. State of Texas, and
being part of the R. Beaumont Survey, Abstract No. 31, and
being part of Lot No. 10, Block 4, of the D, iI. Fry Addition,
an addition to the City/County of Denton, and also being part
of a tract of land as conveyed from Noan R. W3 gs and wife,
Vera A, Wiggs to the City of Denton by deed dated May 10, 1968
and recorded in Volume 566, Pagr 255 of the Deed Records of
Denton County, 'texas, and more particularly described as
follows:
BEGINNING at the northwest corner of said tract, said point of
beginning also lying in the east right of way line of Denison
Street;
THENCE east along the north boundary line of said tract, a
distance of 150.0 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 35.0 feet to a point for a corner;
THENCE north 880 05' 27" west a distance of 150,08 feet to a
point for a corner in the west boundary line of said tract,
same being the east right of way line of Denison Street;
THENCE north along the west boundary line of said tract, same
being the east right of way line of Denison Street a distance
of'30,0 foot to the place of beginning and containing 4874.90
square feet of land, more or less.
PROVIDED further that said property shall be zoned
Single-Family "SF-7" District and no curb cuts shall be
permitted on Denison Street or Sherman Drive on the shove
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.
1980. PASSED AND APPROVED this the _ day of
Q. -
ITY OF DTON, TEXAS
ATTEST] ~
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CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
C. J. TAYLOR, JR. CITY
ATTORNEY, CITY OF DENTON, TEXAS
BY:
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THE STATE OF TEXAS S
CERTIFICATE OF SECR3TARY
COUNTY OF DENTON S
I, the undersigned, City Secretary of the City oL Denton,
Texas, DO HEREBY 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 nn the day of 1980.
2. At such meeting:
(a) a quorum of the governing body was preseric
on said date of adoption, in that p.•e r
members of said governing body w re -Cn
attendance at such meeting when the
question of the adoption of the resolution
was called for and placed to a vote; and
(b) Lv4P-f " members of said governing body
voted for the adoption of such resolution
and e)-- members of said governing
body voted against its adoption
and -0- members abstained from
voting; and
(c) the said Resolution was adopted only after
a motion was made that the same be adopted
and the seconding of such motion; and
3. Price to such meeting:
(a) notice of the time, place, subject and
purpose of the meeting had been duly given
in the time, form and mariner 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
were:
Richard 0. Stewart, Mayor
Richard H. Taliafetro, Mayor Pro-Tem
Bud Hensley, Councilman
Roland Vela, Councilman
Dr, Ray Stephens, Councilman
Dwight L. Gailey, Councilman
Chorles Hopkins, Councilman
TO CERTIFY WHICH, witness my official Esignat a and the
Seal of the City of Denton, this the .2/ day of ,
1980.
i
8 HOLT, CITY SEC ETARY
ITY OF LENTON, TEXAS
R E S O L U T I O N
WHEREAS, this governing body, requested certain individuals
to proceed to re-organize and re-establish a non-profit
corporationi puLsuan: .o the Texas Non-Profit Corporation Act,
for the purpose of futhering educational opportunities of
students by providing funds for the acquisition of student
loans; that such has been accomplished, the corporation being
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 holy to approve
the actions taken; now, therefore,
BE IT RESOLVED BY TH CITY COUNCIL OF THE CITY OF DENTON,
TEXAS:
SECTION I.
This governing body has beer. advised by the North Texas
Higher Education Authority, Inc., (the "Corporation"), that
such Corporation upon approval thereof by the governing bodies
of the Cities of Denton and Arlington, Texas, proposes to issue
revenue bonds; that such bonds would be initially issued as
"Series B" Bonds in the aggregate principal amount of up to
$6,000,000 and "Series C" Bonds in the aggregate principal
amount of ur to $35,000,000 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 securing such
bonds and the payment thereof.
The Series B Bonds (up to the principal amount of
$6,000,000) are Issued to obtain funds with which to purchase
Student Loan Notes which are guaranteed under the provisions of
the Higher Education Act of 1965, as amended, and to establish
certain reserves and the Series C Bonds (up to the principal
amount of $35,000,000) will be issued for the aforesaid
purposes, for the purpose of paying certain expenses and for
the purpose of paying off and refunding the Series B Bonds.
if the Series B Bonds are: not refunded by the Series C
BondA, then the approval to issue Series G Bonds shall be
limited to $29,000,000.
SECTION II.
This governing body hereby approves the issuance and
delivery of such bonds for the purposes aforesaid, and in 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, a3 contemplated by Section 53.47(e) of
the Texas Education Code.
SECTION III.
The City does not agree to assume any responsibility In
conneotion with the administration of this student loan
programs it being understood this responsibility is being
assumed by the Corporation.
SECTION IV.
It is recognized by this govc!rniny body that the
instruments which authorize the issuance of bonds by the
Corporation will specifically state that this City is not
obligated to pay the printinz-. of or fnt?rest or the Bones
proposed to be issued by the corpoeatioh. Nothing in this
resolution shall be construed as an indication by this City
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 this City Council hereby specifically refu-jes to
set aside any ,-:sen )r future funds, assets or money for the
payment of any inoc` dness or obligation of the Corporation.
SECTION V.
The prior resolution of `his Council approving the issua: e
of $35,000,000 Series B Bonds is hereby repealed.
SECT10N VI.
This Resolution shall be effective from and after its
passage and approval.
PASSED AND APPROVED this the o~! day of ,
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M1; ARD 0. STE'RAR_, MAYOR
OF D TON, , TEXAS
Mt
S HOLT, CITY SECRETARY
ITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORMi
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY. C.
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R E S O L U T I O N A
WHEREAS, the opening of the Golden Triangle Mall has
created traffic congestion on 1-35, Loop 288 and in adjacent
residential areas such as township Ii Subdivision= and
WHEREAS, more entrances to the Golden Triangle Mall are
needed to help eliminate motor vehicle traffic through the
adjoining residential areas in Township IT Subdivision= and
WHEREAS, the City Council finds that the Institution of
two-way traffic on a portion of the east frontage road near the
Golden Triangle Mall would help the flow of traffic into and
out of the Golden Triangle Mall;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DENTON:
The City Council of the City of Denton requests the Texas
Department of Highways and Transporation to approve two-way
traffic on the east Service Road of I-35 in accordance with the
plans therefor prepared by the Director of Public Works of the
City of Denton, a copy of which is attached hereto and made a
part hereof.
PASSED AND APPROVED this the 19L day of {t ,
1980.
'A 05~q 7;7
CH RD (1, STEWAR , MAYOR
CITY OF LE TON, TEXAS
ATTESTS '
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BR K HOLT, CITY SECRETARY
CI 7, OF DENTON, TEXAS
APPROVED AS TO LEGAL FORMt
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
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ORDINANCE NO. d
AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT
TO THE CITY OF DENTON. TEXAS: 9EiNG ALL T4AT LOIT, TRer,T OR
PARCEL uF LAND CONSISTING OF APPROXIMATELY 6.2 ACRES OF LAND
LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF
TEXAS AND BEING IN THE 0. S. BREWSTER SURVEY, ABSTRACT NO. 56,
DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A"
DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the request for annexation was introduced at a
regular meeting of the City Council of the City of Denton,
Texas, on the petition of Joe Below; and
WHEREAS, an opportunity was afforded, at a public hearing
held for that purpose on July 1, 1980 for all interested
persons to state their views and present evidence bearing upon
the annexation provided by this ordinance; and
WHEREAS, this ordinance has been published in full at least
one _tiime.In the official newspaper of the City of Denton,
Texas, prior to its effective date, and after the public
hearings;
NOW, 'THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS,
HEREBY ORDAINS:
SECTION I. `
That the hereinafter described tract of land be, and the
same is hereby annexed to the City of Denton, Texas, and the
same is made hereby a part of said City and the land and the
present and future inhabitants thereof shall be entitled to all
the rights and privileges of other citizens of said City and
shall be bound by the acts and orlinances of said City now in
effect or which may here,fter be enacted and the property
situated therein shall be subject to and shall bear its prorata
part of the taxes levied by the City. The tract of land hereby
' annexed is described as follows, to-wit:
All .'that'
certain lot, tract or parcel of land situated in the
0. S. Brewster Survey, Abstract No, 56, Denton County, Texas,
being a part of a certain (called) 61.770 acre tract deeded byy
M. L. Godwin, Trustee to James F. Mason, Trustee, on the lit
day of July, 19743 recorded in Volume 725, Page 356, Deed
Records of said County, and being more fully described as
follows:
BEGINNING at the northwest corner of said 61.770 acre tract;
Z-1431 JOE BELEW
THENCE south 880 I5' 30" east along the north boundary line of
said 61.770 acre tract a distance of 716.00 feet to an iron pin;
THENCE south 890 49' 00" east a disCai,cc of :3 .58 feet to an
iron pin;
THENCE south 000 11, 00" west a distance of 310.25 feet to an
iron pin;
THENCE north 890 49' 00" west a distance of 868.80 feet to an
iron pin in the west boundary line of said 61.770 acre tract;
THENCE north 020 42' 00" east along the west houndary line of
said 61.770 acre tract a distance of 330.04 feet to the point of
beginning and containing 6.278 acres of land, more or less.
SECTION II_
The above described property is hereby classified as
Agricultural "A" District and shall so appear on the official
zoning map of the City of Denton, Texas, which map is hereby
amended accordingly,
SECTION III.-
This ordinance shall be effective Immediately upon its
passage.
PASSED AND APPROVED this the OL day of
A. D. 1980,
p it
CIT OF D N'•ON, TEXAS
ATTBS
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
By:
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THE STATE OF TLS voL1033 +✓acE 860
y KNOB' ALL MEN BY THESE PRESENTS:
COUNTY OF Denton
THAT Karl F. )bung DEe~}RECORDS 24931
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 pail by the City of Denton, Texas reieipt of which it hercb; at:mvwledged, do by
these presents grant, bargain, sell and convey unto to the City of Denton, Texas , the free
and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following
described property,
owned by him . Situated in Denton County, Texas, in the
M. Austin Survey, Abstract No. 4
All that certain lot, tract or parcel of land lying and being situated in the City and
County of Denton, State of Texas, and being part of the M. Austin Survey, Abstract No. 4,
and also being part of a tract of land as conveyed from North Dallas Bank and Trust to
Karl F. Young by Deed of Trust dated 6-8-78 and recorded in Volume 484, Page 484 of the
Deed of Trust Records of Denton County, Texas, and more particularly described as follows:
Commencing at the Southeast corner of said tract, said point lying in the west right-of-
way lane of Loop 288;
Thence north 87" 04' 20" west along the south boundary line of said tract a distance of
157.7 feet to the point of beginning;
Thence continuing north 870 04' 20" west along the south boundary line of said tract a
distance of 70 feet to a point for a corner;
Thence north 1° 28' east a distance of 296.0 feet to a point;
Thence north 1° 34' 10" east a distance of 429.15 feet to a point for a corner in the
north boundary line of said tract;
Thence south 87° 06' 30" east along said north boundary line a distance of 70 feet to a
point for a corner;
Thence south 1° 34' 10" west a distance of 427.5 feet to a point;
Thence south 1° 28' west a distance of 297.7 feet to the place of beginning and containing
50,747.72 square feet of 13nd more or less.
And it is further agreed that the said City of Denton, Texas
In consideration of the benefits above set out, will remove from the property above described, such fences,
buildings and other obstructions as may now be found upon said property.
Forthe purpose of constructing, reconstructing, installing, repairing and perpetually
maintaining public utilities In, along, upon and
across said promises, with the right and privilege at all tlme~ of the grantee herein, his or Its agents,
employees, work ,asd resentatives having ingress, egress, and regress in, along upon and across
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said premises for thep ¢ king additions to, improvements on and repairs to the said
public utilities or
any part Aereof,
to thin ;,ofd City of Denton, Texas an aforesaid for
To Irv AND
10
the purpos lgy~aaf-_i<h es above described.
Witness A,, this the CD, lay f V~ i , A. i98(a
he-A
Karl . Young
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mr s-r~f--wesxRaveai _ s
SINGLE ACKNOIVLEDG31ENT
THE STATE ^OF. TEXAS, 1 bEFORFl TIE, the undersigned authority,
COUNTY OF yrx~ \`11 ) y~
fn and for said CouS*~4 $h3p his day personally appeared f x u . _ L1Y l In C
known to m o~ he er o wh ue su!srr 1„ J t + the forrcelnir instrument, and neknowledged to me
that-.-.. he ex cut the sa or he triwseu-and cons!,], i ati.m therein exprur4od.
GIV UNDER %ND N SEAL OF OFFICE, This ` 1 lay of 1L p
~ ~J~tif 11~~ A.D. ID OU
iL.S.) 'as yl"';)C.tll 43 ._l.k_~A,~)ond
Notary Public, 1~I1'Ic:i) County, Texas
Of DERI My Commission Rxplres June 1, 19S l
SINGLE ACKNONLEDGMENT
THE STATE OF TEXAS, BEFORE ME, the undersigned authority,
COUNTY OF . _ _ ll
in and for said County, Texas, on this day personally appeared _
known to me to be the person whose name subscribed to the foregoing instrument, and sckno%iedrr,f to me
that . he executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE., This day cf A D. 19
Nr4ary Puldic, County, Texas
Sly t',-mminsi, n Eijon,e J.ee 1, I:I
CORPORATION ACKNOWIXI MENT
THE STATE OF TEXAS,
It
COUNTY OF Ellil:f: ME. the undrrx'c.,,d ruth,rity,
in and for s:dd County, Trxns. on this day prrs rally nplMared
kn .a •i n'.• r.+!~ th,• p, re an l , frif, r
whose name is subscribed to tic f,,recein;t !nr!u•m, nt n,l c.kcoul.dc,.i 6+ u•..- rl .t 0.- r.,.• was 11. a.t of tlc earl
a corporation, and that he executed the s.amo us ,t, n,t of aarh cwjwtali. n f+•r ti.• r .rp s, s and c+-rsil.rati.,n thrreln
expressed, and In the capacity therein stated.
GIVEN UNDER All' ][AND AND SEAL OF OFFICE. This day of A.D. i9
(L.S.)
. ` e,e Notary Public, County, Texas
bly Commission Expires June 1, 19
CLERK'S CERTIFICATE
THE In Mk 1,County
COUNT,.
•pClerk of S~n$ntk4'a$rrQef ini unty1do hereby certify that the foregoing instrument of writing dated on the
d$afj j!B 75 A. D. 1with its Certiflrwr of Authentication, was filed for
record Iolics~~ 8r 41 ay of , A. T), 17 at o'clock M., and duly
recorded this d OG ~ A. D. 19 at o'clock M., In the
5 ~J
_ ~ tA.... Records of said County, in \'ofume , on Pages
WITNE ND . s TI COUNTY COURT of said County, at office in
, the day and year Nit nbote written.
* County Clerk County, Texas.
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(48.I By Deputy.
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MIAMI
CONTRACT
FOR
1981 ELECTRIC UTILITY POWER SUPPLY STUDY
Contract made this 2nd day of September, 1980, by and between
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the City of Denton, Texas, a municipal corporation organized
and existing under the Home Rule Amendment to the Constitution
of Texas, (hereinafter referred to as Denton) and
Gilbert/Commonwealth, Engineers and Consultants, Company, a
corporation duly authorized to transact business within tk,e
State of Texas (hereinafter referred to as Consultant).
WITNESSETH:
WHEREAS, Denton wishes to employ Consultant for the purpose of
conducting a "1981 Electric Utility Power Supply Study" t
consisting of an,
1. ELECTRICAL MAD FORECAST for the period 1981 thru
1991, and an,
2. ELECTRICAL POWER SUPPLY STUDY with emphasis of anrlyzing
Denton's participation in a proposed future TMPA Project
as compared to other Electrical Power supply
alternatives.
NOW, THEREFORE, the parties hereto do hereby agree as follows
~ i
SECTION I
Consultant shall perform the following services;
A. ELECTRICAL LOAD FORECAST
The Consultant shall review all relevant issues relating
to electrical power demands and energy use;, in Denton and
develop a forecast of electrical demand and energy
requirements for the period from 1981 through 1991.
B. ELECTRICAL POWER SUPPLY STUDY
The Consultant shall thoroughly investigate each of the
following:
1. Participation in a project that is anticipated to be
proposed by TMPA in early 1981.
(See Attachment 10 BACKGROUND OF TMPA PROJECT).
2. Participation in an existing or future electrical
power project of any utility in Texas other than TMPA.
3. Purchase of firm, wholesale blocks of electrical
power from any utility in Texas other than TMPA.
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SECTION II
In consideration of the services performed by Consultant
under this Contract, Denton shall pay Consultants`
A. Professional Services
Charges for professional services of Consultant's staff who
may be assigned to the project will be billed in accordance
with Consultant's standsrd hourly rates for the various
categories of personnel as set fora. in Attachment II.
Time chacyes will be made for personnel only while they are
actually at work on the assignment and for travel time
during normal working hours. Charges may also be made for
professional services related to computer time as such are
required and employed in conjunction with the study.
B. Out of Pocket Expenses
•
In addition to the cost of professional services, certain
other expenses consisting of, but not limited to, travel
and living .xpenses of Gilbert Associates' employees when
engaged on a project away from tho home office, and long
distance telephone and telegraph charges shall be billed at
cost. Printing, reproduction and data processing charges as
required shall be billed in accordance with Consultants'
standard rates prevailing at the time such services are
rendered. The use of Consultants' automobiles shall be
charged at $15.00 per day plus 200 per mile. If Cansultants'
3
use their own cars to make a trip in Denton's interest,
charges shall be 230 per mile. Rented automobiles shall be
billed a:: .:obt.
C. Total Charges
Unless authorized by Denton, Consultant's compensation
ender Paragraph A of this Section shall not exceed $21,000
and Consultant's compensation under Paragraph B of this
section shall not exceed $4,000.
SECTION III
Invoices shall be rendered monthly for the preceding
month's services performed and expenses incurred. Such
invoices shall be due and payable thirty days after
receipt.
SECTION IV
Consultant shall utilize its own personnel in the
consideraC on of the financial, load forecasting and other
specialization areas and under no circumstances shall
Consultant be authorized to enter into any contract with
any other party which would obligate Denton to pay all or
part of the amount due under any such contract irrespective
of whether recovery might be based upor, an express or
implied contract (quantum meruit).
4
SECTION V
Denton may terminate this Contract upon thirty days prior
written no gee to Consultant. In the event of termination,
Denton shall pay Consultant for services rendered and
expenses incurred to date of termination. Denton shall
receive all completed aralysis comparisons and work papers
of work done to the date of termination. Any work in
progress or incomplete reports shall also be delivered to
Denton,
SECTION VI
The Consultant shall complete the services kinder this
contract by Feb. 17th, 1981.
10
SECTION VII
It is desired that the report of this study be completed
and presented to the Public Utility Board and the City
Council by Feb. 170 1981. At the completion of the Study,
the Consultant shall present, in public meetings, the
findings, assumptions, and conclusions of the study to a
joint meeting of the City Council and Public Utility Board,
The Consultant shall furnish 25 co;.ies of the final report.
SECTION VIII
The City of Denton will entablish a Steering Committee
I
I 5
composed of one Council Person, one board Member, the City
Manager, Director of Utilitie€ and AssiEtant Director of
Utilities. The Director of Utilities shall serve as the
Projent MP.nage for tha City of Denton.'
SECTION IX
The City of Denton will make available to the Consultant
previous load forecasts prepared by the Electric Department
staff; load forecasts and power supply studies made by the
TMPA staff; Management Study made by Gilbert Management
Consultants in 1978, the 1980 Power Supply Study by Gilbert
Associates; draft report of a Load Forecast and Power
Supply Study prepared for TMPA by Stone and Webster in
1979; the 1979 Study of future Denton housing requirements;
TMPA Study to determine optimum date for commercial
toperation of Gibbons Creek Unit 12 by Black & Veatch, May
1980; and the TMPA Additional Power Supply Study by Black 6 J
Veatch due to be completed in January 1991, i
SECTION X
in no event shall Consultant be liable in any cause of
action for special, indirect or consequential damages of
any nature.
SECTION XI
The provisions of this contract constitute the entire
agreement between the partied and supersede all prior
communications, representations, and agreements, oral or
written, between the parties hereto with respect to the
subject of this Contract.
6
IN WITNESS WHEREOF, the parties hereunto set their hands
and seals the day and ye5r first above written.
r
Attest: Gilbert/Commonwealth, Engineers
and Consultjnts, Company
Robert M. Keith, Jr.
Title ,t:wzJ.+ti ;-/Title Vice Prerident
Attests City of Denton, Texas
By
/-~V'0-0~
T i t l _ T i t l e____~~
ATTACHMENT I
BACKGROUND OF TMPA PROJECT
The City of Denton is presently a member of TMPA, a
joint action agency formed in 1975 for the purpose of providing
wholesale electrical power and energy for the cities of Bryan,
Denton, Garland and Greenville. TMPA is required by contract with
the four Cities to provide future power and energy for the Cities.
In an effort to meet this commitment, TMPA, is presently studying
several power supply alternatives and have expressed plans to
propose a project to the TMPA Board in January 1981, if such project
is determined to be feasible. Upon approval by the Board, TMPA is
•
required to submit such project plan to the four Cities foc
approval. Each city has 60 days to approve or deny participation in
the project.
In 1979 the Denton City Council passed an ordinance
requiring a referendum vote of the Citizens of Denton prior to
approving any such project. By State Statutes such elections can
occur only on certain designated dates, four times per year. It is
anticipated that such election would take place in April, 1981.
A-I
ATTACHMENT II
MANAGEMENT CONSULTING DIVISION
GILBERT ASSOCIATES, INC.
CLASSIFICATIONS HOURLY BILLING
RATES
meet Consultant VIII $100.00
xe u`ive Consulting Engineers,
Accountants, Economists & Analysts
Management Consultant VII $ 80.00
Principal Consulting Engineers,
Accountants, Economists & Analysts
Management Consultant VI $ 70.00
Senior Consulting Engineers,
Accountants, Economists & Analysts
Management Consultant V $ 60.00
Consulting Engineers, Accountants,
Economists & Analysts
Management Consultant IV $ 45.00
Senior Engineers, Accountants,
Economists & Analysts
Management Consultant III $ 40.00
Engineers, Accountants,
Economists & Analysts
Management Consultant 11 $ 35.00
Assistant Engineers, Accountants,
Economists & Analysts
Management Consultant r $ 30.00
Junior Engineers, Accountants,
Economists & Analysts
Technical Assistants IV $ 27.50
Technical Assistants III $ 25.00
Technical Assistants it $ 20.00
Technical Assistants I $ 15.00
~
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QUIT Cr,AIM CORRECTION DEED
DEED RECORDS
THE STATE OF TEXAS § 27570
KNOW ALL-MEN BY THESE P;PRSFNTS:
COUNTY OF D"NTON 6 That the City of Denton, Texas, a Municipal Corporation of
the County of Denton, and State of Texas, for and in conside- -
ratlon of the skim of Ten ($10.00) Dollars to It in hand paid by
Folsom Investments, Inc, of the :.'aunty of D^.nton and State or
Texas, the receipt of which Is hereby acknowledged, do, by
these presents, bargain, sell, release, and forever quitclaim
unto the said Folsom Investments, Inc. its successors and
assigns, all its right, title and interest in and to that
,,certain tract or parcel of land lying and being situated in the
County of Denton and State of Texas, described as follows
to-wit:
All that certain lot, tract or p,irccl of land lying and being
situated in the City and County of Denton, State of Texas, and
being part of the R. Beaumont Survey, Abstract No. 31, and
being part of a tract of land conveyed by Jac.. Skiles to
Crawford Building Corporation by Deed as recorded in Volume
374, Page 191 of the Deed Records of Denton County, Texas, and
more particularly described as follows:
BEGINNING at a point in the south boundary line of said tract,
said point of beginning lying in the north right of way line of
State Highway 24 and being 236.0 feet east of the southwest v.
corner of said tracts
THENCE north 340 14' west, passing at 107.0 feet the
northeast corner of a building and continuing north 320 14'
west a total distance of 111.0 feet to a point for a corner;
THENCE south 790 26' west 4.0 feet north of and parallel with
the north wall of said building, a distance of 57.0 feet to a
point for a corner]
THENCE north 100 34' west a distance of 16.0 feet to a point
for a corner!
THENCE north 790 26' east 20.0 feet north of and parallel
with the north wall of said building, a distance of 73.0 feet
to a point for a corner)
THENCE south 320 14' east a distance of 127.0 feet to a point
for a corner In the south boundary line of said Crawford
Building Corporation tract, said line alst4 being the north
right of way line of State Highway 241
THENCE south 710 01' west along the south boundary line of
said boundary line of said Crawford Building Corporation tract,
same being the north right of way line of State Highway 24, a
distance of 16.0 feet to the place of beginning and containing
2,944.0 square feet of land, more or less.
TO HAVE AND TO HOLD the said prr,.misee, together with all
and singular the rights, privileges and appurtenances thereto
in any manner belonging unto the said Folsom Investments, Inc.
its successors and assigns, forever, so that neither the said
City of Denton, Texas, or its successors or assigns, or any
person or persons claiming under it shall, at any time
hereafter, haver claim or demand any right or title to the
aforesaid premises or appurtenances, or any part thereof.
This Quit Claim Deed is made in place of and as a Quit
Claim Dood of. Correction of a Quit Claim D^r_d er.ecute9 by
Ur:!ntor herein to Folsom Investments, Inc., Grantee, dated
October 23, 1979 and recorded in Volume 983, Page 808 of the
Deed Records of Denton County, 'texas, wherein by error or
mistake the Grantee was designated as Folsom Enterprises, Inc
in,tead of Folsom Investments, Inc. and this instrument is made
by Grantor and accepted by Grantee in order to correct said
error or mistake, and in all other respects confirming said
former Quit Claim Deed,
Witness our hand at Denton, Texas, this the 16th day of
September, 1980.
RICHARD TA1, ? 'ERRO
J MAYOR PRO T}PC4
r, CITY OF D"-,NTON, TEXAS
i
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V. ` ATTEST;
e
BROOKS HOLT, CITY SECRIiTARY
CITY OF DENTON, TEXAS
THE STATE OF TEXAS S
COUNTY OF DENTON S
BEFORE ME, the undersigned authority in and for said
County, Texas, on this day personally appeared Richard
Taltaferro, Mayor Pro-Tem, of the City of Denton, Texas, known
to me to be the person and officer whose name is subscribed to
the foregoing instrument, and acknowledged to me that the same
was the act of the said City Council of the City of Denton,
Texas, a Municipal Corporation, and that he executed the same
for the purposes and consideration therein oxprl►ssed, and in
the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This the 16th day
of September, 1980.
NOTARY PURIAC IN AND FOR
•i' DENTON COUNTY, TEXAS
My.Commission expires
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AUTHORIZED DEALER VICTOR ADDING IS CALCVIATING MACHINES
SALES SERVICE RENTALS
REX-ROTARY MIMEOGRAPHS a SUPPLIES
ROYAL TYPEWRITERS -STANDARD - ELECTRIC
FURNITURE CHURCH SCHOOL SUPPLIES
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CITY OF DENTON
SEP 5 1980
MEMORANDUM rITY i
PURCHAS+NG uE'T.
TO: John Marshall
FROM: Jerry Clark
DATE: September 3, 1980
RE: Quantity changes on Drainage Improvements 1980 - Murray Contract -
Bid 8799
The following changes in the bid sheets correct the quantities to match
those shown on the plans for the Bowling Green - Vanderbilt sections.
1. Item 104 A Removing concrete pavement goes from 113 S.Y. to 0 S.Y.
2. Item 104 8 Curb and gutter removal goes from 355 L.F. to 347 L.F.
3. Item 104 C Removing sidewalks and driveways goes from 190 S.Y. to
o S.Y.
4. Item 340 Asphalt patch goes from 120 tons to 213 tons.
5. Item 460 18 inch corrugated fetal pipe goes from 165 L.F. to 0 L.F.
6. Item 465 8 Total for item is $3,705.60 instead of $3,705.56
7. Item 470 B One 4' Type 11 inlet instead of 0. This price was submitted
by Oliver Murray and approved.
Oliver Murray of Murray Construction has been contacted and has initialed all
changes. The total price for the Bowling Green - Vanderbilt section changes
from $95,461.55 to $969994.55. The Windsor - Bluebonnet section price remains
at $19,305.10 as no changes were needed. Total value of the contract is now
$116,299.65.
The corrections in the contract were needed due to proofreading errors. No
actual changes to the plans were made and the difference is less than 20%
so City Council approval wasn't needed.
Q ,ifs \ C c C c
CONTRACT AGREEMENT
#8799
STATE OF TEXAS
COUNTY OF Denton
THIS AGREEMENT, made and entered into this 22 day of August
A.D., 19 801 by and between , City of Denton, Texas
of the County of Denton ind State of Texas, acting through John J.
Marshall, Purchasing Agent thereunto duly authorized so to do,
Party of the First Part, hereinafter termed the OWNER, and Murray
Construction Co., 249 Sellmeyer Lane, Lewisville, Texas
of the City of Lewisville , County of Denton
and State of Texas Party of the Second Part, hereinafter
termed CONTRACTOR.
WITNESSETH: That for and In consideration of the payments and
agreements hereinafter mentioned, to be made and performed by the Party of
the First Part (OWNER), and under the conditions expressed in the bonds
bearing even date herewith, the said Party of the Second Part (CONTRACTOR)
hereby agrees with the said Party of the First Part (OWNER) to commence
and complete the construction of certain improvements described as follows:
Bid proposal 08799 Drainage Improvements 1980, Section B Bluebonnet and
Windsor at $19,305.10 and section c Bowling Green and Vanderbuilt at
Vnd S~*15_f for the c"bined total of S ! all extra work in connection therewith, under the terms as stated in
the General Conditions of the Agreement; and at his (or the{r) own proper
cost and expense to furnish all the materials, supplies, machinery, equip-
ment, tools, superintendence, labor, insurance, and other accessories and
services necessary to complete the said construction, in accordance with
the conditions and prices stated in the Proposal attached hereto, and in
accordance with all the General Conditions of the Agreement, the Special
Conditions, the Notice to Bidders (Advertisement for Bids),•instructions
to Bidders, and the Performance and Payment Bends, all attached hereto,
and in accordance with the plans, which includes all maps, plats, blue-
prints, and other drawings and printed or written explanatory matter
thereof, and the Specifications therefor, as prepared by City of
Dcato;i, Taxaa Engineering Dept, Rick Svehla
, all of which are made a part hereof and collectively
evidence and-constitute the entire contract.
The CONTRACTOR hereby agrees to commence work on or after the
date established for the start of work as set forth in a written notice
to commence work and to substantially complete all work within the time
stated in the Proposal, subject to such extensions of time as are pro-
vided by the General and Special Conditions.
The OWNER agrees to pay the-CONTRACTOR in current funds the
price or prices shown in the Proposal, which forms a part of this Con-
tract, such payments to be subject to the General and Special Conditions
of the Contract.
IN WITNESS WHEREOF, the parties of these presents have executed
this agreement in the year and day first above written.
ATTEST:
City of Denton Texas
arty p t~ rst art,
exe C[ .
~.oho J, rs Ii, C.P.H. >
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(SEAL)
ATTEST:
arty o t e econ rt,
Title
(SEAL)
PERFORMANCE BOND
STATE OF TEXAS
COUNTY OF Denton i
KNOW ALL MEN BY THESE PRESENTS: That MRRAY CONSTRUCI-ION
MIPANY, INC. , of the City of Lewisville
County of Denton , and State of Texas
as PRINCIPAL, and VE FIDELITY AND CASUALTY MPANY OF NEW YORK
, as SURETY;,
authorized 'under the laws of the State of Texas to act as surety on bonds
for principals, are held and firmly bound unto the City of Denton,
Texas as OWNER, in the penal sum of One Hundred
Sixteen Thousand Two Hundred Ninety-Nine 4 65/100---- OollarS 116,299.65
for the payment whereof, the said Principal and Surety bind themselves and
their heirs, administrators, executors, successors and assigns, Jointly
and severally, by these presents:
WHEREAS, the Principal has entered into a certain written contract
with the OWNER, dated the 22nd day of August 19 80 , for the con-
struction of
Bid Proposal #8799 - Drainage improvements 1980, Section B Bluebonnet and
Windsor and Section C Bowling Green and Vanderbuilt
which contract is hereby referred to and made a part herc:f as fully and to
the same extent as if copied at length herein.
NOW9 THEREFORE, the condition of this obligation is such, that if
the said Principal shall faithfully perform said Contract and shall in all
respects duly and faithfully observe and perform all and singular the cove-
nants, conditions and agreements in and by said contract agreed and cove-
nanted by the Principal to be observed and performed, and according to the
true intent and meaning of said Contract and the Plans and Specifications
hereto annexed, then this obligatiun shall be void: otherwise to remain
in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the
provisions of Article 5160 of the Revised Civil Statutes of Texas as amended
by acts of the 56th Legislature, Regular Session, 1959, and all liabilities
on this bond shall-be determined in accordance with the provisions of said
Article to the same extent as if it were copied at length herein.
PROVIDED FURTHER, that if any legal action be filed upon this
Scads venue shall lie in Denton County, State of Texas.
Surety, for value received, stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the contract, or
to the work pefformed thereunder, or the plans, specifications, or drawings
accompanying the same, shall in anywise affect its obligation on this bond,
and it does hereby waive notice of any such change, extension of time, alter-
ation or addition to the terms of the contract, or to the work to be per-
formed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have igned and
sealed this instrument this 27th day of August i9 8~
NSTRUaION COMPANY, INC. THE FIDELITY CASUALTY O( iPANY OF NEW YORK
ipa. - urety
By t"- Title At orney
74
Address Address p., D. Box 960
J9, ~,_Cef2tge~ e Dallas, Texas 75221
(SEAL) (SEAL)
The SM&JPdAgress of the Resident Agent of Surety is:
Collier Cobb f, Associates of Dallas, Inc.
Ggpital R_ Rleig Chip 906
r
Dallas, Texas 75206
NOTE: Date of Bond must not be prior to date of Contract.
The Fidelity and Casualty Company of New York
80 Maiden Lane, New York, New York 10038
Gt:NERAL POWER OF ATTORNEY
Know all men by these Presents, That THE FIDELITY AND CASUALTY COMPANY
OF NEW YORK has made, constituted and appointed, and by these presents does make. constitute, and appoint
Jerry P. Rose or Brett Woods or Linda O'Nale all of Dallas, Texas, EACH
its true and lawful attorney for it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds,
undertakings and contracts of suretyship to be given to
all obligees
provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the
sum of One Million ($1,000,000.) Dollars.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolu-
tion adopted by the Board of Directors of (he Company at a meeting duly called and held on the 1st day or November, 1977:
"RESOLVED, that the chai,man of the Board, the Vice Chairman of the Board, the President, an Executive Vice President or a Si Vice Presi-
dent or a Vice President of the Co ipany, be, and that each or any of them Is, authorised to execute Powers of Allorney Qualifying the altome, named in the
given Power of Attorney to execute !n behalf of the Company, bonds, undertakings and all contracts of suretyship: and that an Assistant Vi;a President, a
Secretary or an Assistant Secretary be, and that each or any of them hereby is, suihorized to sliest the execution of any such Power of Atlornay, and to
attach thereto the seal of the Company.
FURTHER RESOLVED, Ihat the signatures of such officers and the star of the Company may br affixed to any such Power of Attorney or loony
certificate relating thereto by facsimile, and any such Power of Atlorney or certifcats bearing such facsimile signatures or facsimile seal shalt be valid
and binding upon the Company when so affixed and In the future with respect to any bond, undertaking Of Contract of suretyshipto which it Is attach-
ad'
In Witness Whereof, THE FIDELITY AND CASUALTY COMPANY OF NEW YORK has caused its official seal to be horl -
unto affixed, and these presents to be signed by one of its Vice Presidents and attested by one of its Assistant Vice Prey
Idents this 3rd day of January, 1979. THE FIDELITY AND CASUALTY COMPANY OF NEW YORK
Attest: By
I
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l{j\tG•~ ~/I1s
T.H. Stephens. Assistant Vice President
STATE OF NEW YORK,
as
COUNTY OF NEW YORK,
On this 3rd day of January, 1979, before me personally came M. L. Ford, to me known, who being by me duly sworn,
did depose and say that he resides;n Summit, in the County of Essex, Slate of New Jersey, at 768 Springfield Avenue; that
he Is a Vice-President of THE FIDELITY AND CASUALTY COMPANY OF NEW YORK, the corporation described In and
which executed the above Instrument; that he Imows the seal of the said c orporation; that the seal affixed to the said Instru-
ment is such corporate seal; that it was so affixed by order of the Board ;f Directors of said corporation and that he signed
his name thereto by like order.
h01, -ia
1 • lt1GN
I I)i TARANTO
" NOIAAj PUBLIC Slate 00 see T0A
CERTIFICATE No 24 4WIIINil in KitgaCool
Concision Igxres Moo JB, 1986
I, the undersigned, as Assistant Secretary of THE FIDELITY AND CASUALTY COMPANY OF NEW YORK, a New Hampshire
Corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been ii
voked; and furthermore that the Resolution of the Board of Directors, set forth in tho said Power of Attorney, Is now in force.
Signed and sealed at the City of New York. Dated the 27th day of August 1980 ,
~tTf~ c e
IV 1 J, 0, rA Keane Atelatanl aaerffary
06 601+0 a]ISH rw Printed hl USA.
PAYMENT BOND
STATE OF TEXAS
COUNTY OF Denton
KNOW ALL MEN BY THESE PRESENTS: ThattiVmY OONSTRIJC1ON
COMPANY, INC. of the City of Lewisville
County of Denton , and State of Texas
as
Principal, and ME FIDELITY AND CASUALTY CCtPANY OF NEW YORK
authorized under the laws of the State of Texas to act as surety on bonds
for principals, are held and firmly bound unto City of Denton,
Texas (Owner), in the penal sum of 116,299.65 )
65/l0Q
Chi-Hundred Sixteen Thousand, Two Hundred Ninety-Nine & Dollars for the
pay,?ent whereof, the said Principal and Surety bind themselves and their
heirs, admil•istrators, executors, sucessors and assigns, jointly and
severally, by these presents:
WHEREAS, the Principal has entered into a certain written contract
with the Owner, dated the 22nd day of August , Ig 80 ,
bid Proposal #8799 - Drainage improvements 1980, Section B Bluebonnet
and Windsor and Section C Bowling Green and Vanderbuilt.
to which contract is hereby referred to and made a part hereof as fully
and to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if
the said Principal shall pay all claimants supplying labor and material to
him or a subcontractor in the prosection of the work provided for in saif
contract, then this obligation shall be void, otherwise to remain in full
force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the
provisions of Article 5160 of the revised Civil Statutes of Texas as
amended by the acts of the 56th Legislature, Regular Session, 1959, and
all liabilities on this bond shall be determined in accordance with the
provisions of said Article to the same extent as if it were copied at
length herein.
Surety, for value received, stipulates and aorees that no rhinge,
extonsinn cf Vie, alttra0 on or addition to the terms of the contract, or
to the work performed thereunder, or the plans, specifications or drawings
accompanying the same, shall in anywise affect its obligation on this bond,
and it does hereby 'Naive notice of any such change, extension of time, al-
ternation or addition to the terms of the contract, or to the work to be
performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed pd
sealed this instrument this 27th day of August 19
NuRRAY CONSTRUCTION comPANY, INC. THE FIDELITY AND CASUALTY OODIPANY OF NEW YORK
r nc /pa rety
Title: IcIZ Title: A torney
Addresss: Address: P. 0. Sox 960
Dallas, Texas 75221
The name and address of the Resident Agent of Surety Is:
Jerry P. Rose
Collier Cobb $ Associates of Dallas, Inc.
Capital EM bldg-p 906
Dallas, Texas 75206
i
I
4t1~
~ 799r j.
TOTAL BID PRICE $ 9 u'✓
JJ ,
TOTAL BID PRI IN WORDS,,
In the event of the award of a contract to the undersigned, the undersigned
will furnish a performance bond and a payment bond for the full amount of the
contract, to secure proper compliance with the terms and provisions of the
contract, to insure are guarantee the work until final completion and
acceptance, and to guarantee payment for all lawful claims for labor performed
and materials furnistx d in the fulfillment of the contract.
It is understood that the work proposed to be done shall be accepted, when
fully completed and finsihed in accordance vith the plans and specifications,
to the satisfaction of the Engineer.
The undersigned certifies that the 'bid price contained in this proposal have
been carefully checked and are sdbmitted as correct and final,
Unit and lump-sum prices are shown in words and figures for each item listed
in this proposal, and in the event of a discrepancy, it is understood that the
words shall control, i
[factor)
BY " Vl lG-
(Street Address)
(City and State)
1 ~r
Seal i Autror n 214)e
(If a Corporatitionon) ) 4 J
(Telephone)
# 3799
TOIL am PRICE
TOTM BID PRICE IN wORDS ~/i ~ 1':rl•- / t 4j ~ 1~~
in the event of the award of a contract to the undersigned, the undersigned
'will furnish a performance bond and a payment bond for the full amount of the
contract, to secure proper coepliance with the terms and provisions of the
contract, to insure and guarantee the work until final completion and
acceptance, and to guarantee payment for all lawful claims for labor performed
and materials furnished in the fulfillment of the contract.
It is understood that the work proposed to be done shall be acc*pted, when
fully completed and finsihed in accordance with the plans and specifications,
to the satisfaction of the Engineer.
The undersigned certifies that the bid price contained in this proposal have
been carefully checked and are submitted as correct and final.
Unit and lump-sum prices are shown in cards and figures for each ilea listed
in this proposal, and in the event of a discrepancy, it is understood that th*
words shall con1
(CO "actor
/ /
B
Y~- tlcl.,
(Str t Address)
(City and State)
Seal a Autbori:ation
(I: a Corporation} ~,~/rf.) _ l~
(Tole phona}
UTILITY IMPROVEMENTS 1980
FOR
BLUEBONNET S WINDSOR
Item Approx. Description w/Unit Prices Unit Extension
No. -Quan. Written in Words Price amount
104-A 0 S.Y.
Square rds o • Removing
Concrete ave ent for `
Dollars s
Cents
Per Square Yar
104-8 64 L.F. Lineal Feet of Removing
Concrete Curb and Gutter for
,r~,e-~--`/ Dollars
Cents
Per Foot /
I04-C
0 S.Y. Square Yards of Removing
ASidew lks and Driveways
for
Dollara
o Cents
Per Square Yar
340 31 Tons Tons of Type 0 Asphalt Patch
Material, in place, for
' x.t"r-1 Dollars 7
Cents
'~~`'~•f
Per won
460 0 L.P. Lineal Foot of 18-inch
Corcugat d Galvanized Metal
Pip' for
Dollars
i Cents
rat L nea t
# 8799
Item Approx. Description w/Unit Prices Unit Extension
No. Quan. Written in words Price Amount
465A 0 L.F. Lineal Feet of 15-inch Reinforced
Concre Sew r Pipe (Circular
Class I ) or
i Dollars
& Cents
Per L nee Foot
465B 200 L.Y. Lineal Foot of 18-inch Reinforced
Concrete Sewer Pipe (Circular
Class III) for
rCt 41 Dollars
b Cents
Per Line, 1 Foot
465C 315 L.F.. Lineal Feet of 21-inch Reinforced
Concrete Sewer Pipe (Circular
Class III) for
Dollars
C E 1-1& Cents
Per L near Foot
4650 0 L.F. Lineal Feet of 24-inch Rein-
force Conc ete Sewer Pipe
(Circul r ass III) for
Dollars
! 8 Cents
Per Lineal Foot
465E 0 L.F. Lineal Feet of 30-inch Reinforced
Concrete Sewer Pipe (Circular
fr
class III o Dollars
i Cents
Per Lineal Foot
Item Approx. Description v/Unit prices Unit Extension
No. Quan. Written in Words Price Amount
.............r.
470A 1 Ea. 4 Foot Curb Inlets
for
~t 7g c s . 4
DOll,rs
Per In et Cents
4708 0 Ea, 4 Foot (Type Ii) Curb Inlets
!or
. Dollars
a Cents
Per Inlet
470C 2 Ea. 6 Foot Curb Inlets
for
_ / Ll-l;s"' l~tr~crorl' p~l~la~s
~1~ 930 /~d
6 Cents
Per inlet
470D l Ea. 8 Foot'Curb inlets
for
L•~•E!-~* Dollars Q
-14
/`'o s Cents 9/Q 9~0
Per Inlet
a
470E 0 Ea. 10 Foot Curb Inlets
for
Dollars
A Cents
Per In et
470F 0 Ea. Manholes (4' I.D.)
an Covers for
Y
Dollace
i Cents
Per Manhole
I tam -
Approx. Description w/Unit Prices Unit Extension
No. 4uan. Written in Words Price Amount
-----470G 0 Ea. Junction Boxes (5 foot square)
insi a th covers- for
Dollars
Cants
Per June on Box
471 4 Ea. Inlet Frames with covers
for
Dollars
a
l'r? b Cents 3~ OC5
Per Frame and Cover
522 10 L.F. Lineal Feet of Concrete
Curb and Gutter for
y% LDollars
s"d oa
Ce
4riog
nts Per ne 524A 0 SAY. Sgdare Yards of 4-Inch Concrete
Sid~for •
Dollars
6 Cents
Per Square Yard
5248 0 S.Y. Squar Yards of 6-Inch
Caner e Dr veway for
Dollars
6 Cents /
Per Sq ace Yar
1
Item 8799
Approx. Description w/Unit prices # Unit Extension
No. Quan. Written in Words Price Amount
524C 0 S.Y. Square yards of 6-Inch
Concrete Pave nt for
-Dollars
s
Per Square Yams Cents
S.P.-i 10 L.F. Lineal Feet of Saw Cut on
Existing Concrete Pavement
for
Dollars ^7 a 4 so
Cents
Per Lineal Foot
S.P.-2 0 L.F. Lineal Feet of 18-Lizh
Slotted Drain PiPe Enr
_Dollars
i Cents
Per Llnei. Foot
f
S.P.-3 1 Ea. Adjusting Existing water Lines
f
llars f
,rev b Cents ~ ~JClJ
Per Water L ne
S.P.-4 1 Ea. Type a ReaLdwalls~J(21"-30" RCP)
ltrlQ"~fZoe,
_Doll are Qsi. °Q
Cents
Per Headwalls
Trn-OL -a +q, 3o5. 10
UTILITY IMPROVEMENTS 1980
FOR
BOWLING, GREEN i VANDERBILT J
Item Approx. Gejcription w/Unit Prices Unit Extension
No, Quan. Written in Words Price Am
lo4-A
S.Y. Square Yards of Removing
Concrete Pavement for va
ma~yy'+
-/CtNp Dollars i
Cents /
Per Squar Ya d -
104-B L.F. Lineal Feet of Removing '
347 Concrete Curb and Gutter for So
156/
Dollars .
S
Cents
Per Foot
104-0 S. Y. Square Yards of Removing
Sidewalks and Driveways
for
O
c5;eic Dollars
i Cents
Per Squar Yar,/j7
Irk ~ t/u/5a
340 Tons Tons of Type D hspha.lt Patch
213 Material, in place$ for eo
e. C~.,.~ -Dollars
Cents ~5
Per on 10
y,-t t/lu/co
460 ] L.P. Lineal Foot of 19-inch
O rulored Galvanized Metal
Pi e o
pe O
r_~'</- «1~c•t~ Dollars ~t
r~• % i Cents
er nea t
)W- t/sy'w
Cr;~j
# 87 9 V
Item Approx. Description w/unit Prices Unit Extensio~l
No. 'Quan. Wricten in Words• Price Amount
171 L,F. Lineal Feet of 15-inch Reinforced
Concrete Sewer Pipe (Circular
Class, III) for
-f Cam-. Dollars
& Cents
Per L nea Foot
I
4658 193 L.F. Lineal Foot of 18-inch Reinforced
Concrete Sewer Pipe (Circular
Class III) for
Dollars 3 70.5 6e7
Cents
Per Lineal oot
465C 84 L.F. Lineal Feet of 21-inch Reinforced
Concrete Sewer Pipe (Circular
Class III) for
/fG Gf. r~ccv Dollars
l2' s cents
Par L heal Foot
465D 222 L.P. Lineal Feet of 24-inch Rein- '
forced Concrete Sewer Pipe
(Circular Class III) for
Dollars
Cents
Per L nea root
465E 1261 L.P. Lineal Feet of 30-inch Reinforced
Concrete Sewer Pipe (Circular
Class III) for
T Y~ nn/ Dollars
s Cants 7S
Per Lineal -root
Item a
Approx. Description w/Unit Prices Unit Extension
No. Quan. Written in Words Price Amount
470A 8 Ea. 4 Foot Curb Inlets
for
cents Fc?vo
Per Ia et
470E 7a.Ea• 4 Foot (Type II) Curb Inlets
J for
J~-r- d•..9 Dollars
n'~ s Cents 1300~~ 130 0 o
Per In et
1u14o el'?7/CV
470C 6 Ea. 6 Foot Curb Inlets
for
Dollars pp~~
~'IO a Cents 9XJ'r jroo
Per Inlet `
4700 3 Ea. 8 Foot Curb Inlets
.f~yor~
nG► tf-,Illei t aIr Zr~~
`nay u,_Dolla r s
lee
a Centsd
Per Inlet _
470E 1 Ea. 10 Foot Curb Inlets
for
T~i.B~r a-r.s r/
~t • .cu / Dollars
i Cents
Pat net
470F 1 Ea. Manholes (4' I.D.)
and Covers for
,~/nc7 % KL ~tYT ~1V
ne.11lars j zooto I ZCoe
i Cents
Per Msn off-
8790
Item Approx. Description w/Unit Prices unit Extension
No Quan. Written in Words Price Amount
470G 3 Ea. Junction Boxes (5 foot square)
inside wi h covers for
~°L,.
Dollars
6 Cents
N' Junct on Box
471 17 Ea. Inlet Frames with covers
for
't Dol.lars
Cents
Per Frame and Cover
522 70 L.F. Lineal Feet of Concrete
Curb and Gutter for
J
Dollars
e 3o
s ca
s Cents
Per L nea oot'
524A 0 S.Y. Square Yards of 4-Inch Concrete
Sidewalk for
Dollars
X 6 Cents
Per square
524E 0 S.Y. Square Yards of 6-Inch
Concr a Driveway for
l
Dollars
Centa
Per Square Yard
~ L
. Item Approx. Description w/unit Prices ?unit Extension
.
No Quan. Written in words Price Amount
524C 0 S.Y. Square ards 9f-Inch
Concret Pavement for
/ Dollars
& Cents
Per Square Yards
S.P.-1 42 L.F. Lineal Feet of Saw Cut on
Existing Concrete Pavement
for
~'1l/G~ z7 Dollars l..4
G2~ 6 Cents
Per Lineal Foot
S.P.-2 0 L.F. Lineal Feet of 18-Inch
Slotte Drain Pipe for
Dollars
b Cents
Per L nee Foot
i
S.P.-3 2 Ea. Adjusting /Existing Water Lines
-!L(~ Li/C a-l• Dollars
Wa s Cents ~SGD~ 3~v~ c~
Per Water L ne
S.P.-4 2 Ea. fyo=e,3 Readwalls (21'-30" RCP)
7-Dollars
i Cants
Per 9eadwa s
7MML 9(p' q( %L4, 5SS
~ .
A-96-WARRANTY DEED-Wits Graenl and Carpor*W= AcknavIedrm is 6 03 ~ MARTIN Statimeq Co., Dan"
THE STATE OF TEXAS, Know All Men By These Presents:
COUNTY OF'....... DEN.TON
DEED RECORDS
That Roy D. Houghton 86
252
of the County of Denton , State of Texas for and In consideration of
the sum of Forty Five Thousand Dollars and no/100 ($45,000.00)
DOLLARS,
to him inhandpaidby the City of. Denton, Texas
t
1
have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto the said
City of Denton, Texas
of the County of Denton , State o4 Texas all that certain
a tract of land situated in the County of Denton, State of Texas, being
part of the Thompson Survey (A-1238), and being substantially the same
land under contract of sale from the Veterans Land Board of Texas to Roy
D. Houghton dated August 15, 1969 and recorded in Volume 589 at PaV^ 527
of the Deed Records of Denton County, Texas, and being more particularly
described as follows:
BEGINNING at the corner common to the Roy D Houghton, et al, and Lee R.
Allison properties situated in the center line of a road same bean the
common line between said Thompson Survey and the C.M. West Survey ~A-1361
and a south boundary line for the A.E. Sadua property, said point of be-
ginning also being the northwest corner for a 199.41 acre tract conveyed
to D. Sparkman by Garland Warren by deed dared March 17, 1965 and recorde
in Volume 520 at page 693 of the Deed Records of Denton County, Texas;
THENCE along the center line for said road, same being the common line
between said Houghton property on the ri,;ht and said Sadua property and
the Avis I. McKenney, et al, properties on the left, and the common line
between said Thompson Survey on the right and said West Survey and the
B.B.B. and C.R.R, Co. Survey (A-140) on the left, south 87°59 east,
672.80 feet to a point for the corner ct,mmon to said Houghton and the
Mable E. Sparkman, et al, properties;
THENCE along the common line between said Houghton and Sparkman propert.ie
south 02°42 west, 1322.60 feet to a 2-inch iron pipe for the corner
common to said Houghton and Sparkman properties, situated in the north
boundary line for the J.H. Curtis, Jr., property;
VU1034 FAu 471.
L
VOL1034 Pw 472
THENCE alonf the common line between said Houghton and Curtis properties,
north 87°32 west, 672.80 feet to a 2-inch iron pipe for the corner
common to said Houghton and Curtis properties, situated in the eastermos
boundary line for said Allison property;
THENCE along the common line betwe:,n said Houghton and Allison propertie
north 02°42 east, 1317.30 feet to the point of beginning, containing
20.387 acres, more or less, of which 0.387 acre is within said road.
TO HAVI♦ AND TO HOLD the above described premises, together with all ai.d singular, the d0ls and
appurtenances thereto in anywise belonging unto the said City of Denton, Texas, its successors
heirs and assigns forever; and 1 do hereby bind myself, my
heirs, executors and administrators, to Warrant -ind Forever Defend all and singular the said premises unto the
said City of 86nton, Texas, its successors
heirs and assigns against every person whomsoever lawfully claimIng, or to claim the tame, or any part
thereof.
Witness my hand at Denton, Texas this 'J rA day of
A.D. 1980
Witnesses at Request of Grantor;
I~ tV;,••!,YCi..
ft6Y~D. HOUGHTO
ACKNOWLEDGMENT
THE STATE OF TEXAS,
D2TItOI1 BEFORE ME, the undersigned authority,
COUNTY OF........
in and for said County, Texas, on this day personally appeared_........ Rcly... )..n_....
_
known to ee the person whose name- i.5 .................!ubscribed to the foregoing instrument, and acknowledged to me that
hR.,,.»..e+uHFecd Oo same for the purposes and consideration lhereinpptemvd.
4.1 ............day of .
. \1L_, , A. D. 19 FD
. LIVEN UND5R MY ItAND AND SEAL OF OFFICE, This a
f
lL.SJ 1 :`n ...............`v{~T._.....
Notary Public Denton ......__..._..__.__....._County, Texas
r,
. ' My Cetmnimion Expires nme..__1...711.11..f~ i4_'? 1
ACKNOWLEDCME,\T
THE STATE OF TEXAS,
BEFORE SIE, the undersigned authority,
COUNTY OF .
In and for vid County, Texas, on this day pcrscml,y appeared. . .
_ . _
known to me to be the person ..,whose name . subscribed to the foregoing In.Nrumenl, and acknowledged to me that
.be-_....executed i e same for the purposes and co2lderalioo therein expressed.
GIVEN UNDER MY HAND AND SEAL. OF OFFICE Tbis...,. ~_...I.dayof_~~ A. D, f9.....
.c....., _
(L S.)
I Notary Puhlic,..~.._....__...__...._ .........__......_..County,Tnas
Sly Commbdor, Expires June....,,. 10~._.»
CORPORATION ACKNOV 11DGSIF,NT
THE STATE OF TEXAS,
BEFORE ME, tl,e uod-rsigned authority,
COUNTY OF
In and for said County, Texas, on this day personally appeared...._
wlsox name.. subscribed to the luregoing.........__ mown to me to be the f+non and o'•5cer
Instrument and acknowkdgea M me that the same wu the ad of the "A....._..
and In
a coryoration, and that be executed the same as The act of such corporation for thepu"o and eon"ratlon therein e:peree.. x _sse.d..,..._.
'
d In
the capacity therein staled.
GIVEN UNDER MY HAND AND SEAL OF OFFIrS, TbIA..............._...._.......dayof,.._.............,...._.._.__..... .......,A.D.19,.,..__.._
(LS.) »
Notary l'ublic....... ..............County, Tenn
Sly Commission Expires June.......... 19
THE STATE OF TEXAS,
COUNTY OF.....
County Clerk of the County Court of mid County, do btreby certify that the furegoing Instrumtc.t of writing dated on the...»....._....._
__..,,.,..»...,....._._...day of A D. 19.......... , with Its Certificate of Authenticxllon, was filed for record in my office
' on the»._._»............ day of..._....... _ . A D. 19..... _ at .,o'clock............... lkL, and was duly recorded this-_...........
day oI»_ A.D. 19....... al......... otiock.......... It., In the Records of said County, in Vol.
ume.»............ on Paget
WITNESS my band and seal of the County Court of sold County, at my nmce In........
.........................._................................,.....the day and year last about written.
Ckrk County Coutt _._Cotmly, Taass
By.............. Deputy, f
Voc1034 :Act 473
10
2° o w ! I E ' o to + M E (r' I (f i
G F 'C E i I R- i ! d k i o \
~ ~ A ~ i 1 A.9d30 n A8 o ~ I I rD `s; ~ 7i f ~ ~ ~ ~
R s Y~~ p-j,~:y.., > :Il:r,e~ i rt f r' r••3 `a O~
G 3 j !j ~1• d3$ 0361 d' ! y I I i d
t=l
~ A: ~ o A~ o ~1 it ~ ►n/
I
e s~
s
MI
z' rros.Y
b,
v, .
0 1
f3 co P.
ao;
8
lk
1
' 1 1
1
XNDEPENDENT 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 Chris
Reagan, hereinafter called Contractor, hereby mutually agree as
follows:
11 SERVICES TO BE PERFORMED: City hereby retains
Contractor to perform the hereinafter designated services and
Contractor agrees to perform the following services-
A. Clean Warehouse Yard
B. Prepare for Inventory
2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay
Contractor for the services performed hereunder as follows:
A. A:vount of Payment for Services:
Two Hundred Twenty-Five and No/100 {$225.00}
Dollars.
B. Dates of Payments:
Upor Completion of work to send September 30, 1980.
3. SUPERVISION AND CONTROL BY CITYr 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 supervision and
control of Contractor or any employee of Contractor, but it is
expressly understood that Contractor shall perform the services
hereunder at the direction of and to the satisfaction of the
City Manager of the City of Denton or his designee under this
agreement.
4. SOURCE _OF_FUNDS i All payments to Contractor under this
agreement are to be paid by tho City from funds appropriated by
the City Council for such purposes in the Budget of the City of
Denton.
INDEPENDENT CONTRACTOR'S AGREFMENT - PAGE t
5. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City
agrees to furnish to Contractor the following services and/or
supplies:
1. Hand tools as necessary.
b. .N:,URANCE_ ConLraccor shall peuvide 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.
S. TERM OF CONTRACT: This Agreement shall commence on the
8th day of September, 1980, and end on the 30th day of
September, 1980.
EXECUTED the this 8th day of September, 1980.
CITY OF DENTON, TEXAS
BY:
ACTING CITY MANAGER
ATTEST:
KS HOLT, CITY SECRETARY
APPROVED AS TO LEGAL FORM
C. J. TAYLOR, JR., CITY ATTORNEY
BY: C
CHRIS REA AN, L CONT CTOR
BY: _ Q CIL-
That Tom D. Shaw, Assistant Purchasing Agent, is hereby
designated as the person to administer the provision of this
agreement.
DATE --;4Cr.,AG-CITY MANAGER
IND61PGNnCNT C0%IT2AC:Tr)R1S AGREEMENT PAGE
~
.
_ ~ ~
~
i
r
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 perform the hereinafter designated services and
Contractor agrees to perform the following services:
A, Prepare & Run Billing System Test.
B. Perform Maintenance Programming as Directed.
C. Prepare Special report for Utility Rate Study.
2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay
Contractor for the services performed hereunder as follows:
A. Amount of Payments for Services:
Twenty-Five ($2S.00) Dollars Per Hour.
B. One week after services are performed.
3. SUPERVISION AND CONTROL BY CITY: It is mutually
a
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 super;,ision and control of
Contractor or any employee of Contractor, but it is expressly
understood that Contractor shall perform the services hereunder
at the direction of and to the satisfaction of the City Manager
of the City of Denton or his designee under this agreement.
4. SOURCE OF FUNDS: All payments to Contractor under this
agreement are to be paid by the City from funds appropriated by
the City Council for such purposes in the Budget of the City of
Denton.
INDEPENDENT CONTRACTOR'S AGREPMENT - PAGE 1
1 ,
5. SERVICES AND SUPPLIES TO BE FURNISHED BY CITYr 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 Agreemeoit.
8. TERM OF CONTRACT: This Agreement shall commence on the
1st day of September, 1980, and end on the 30th day of
November, 1980.
EXECUTED this the 1_~ day of September, 1980.
CITY OF DENTON, TEXAS
BY:
1 14A ER
ATTESTt
BR KS HOLT, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORMt
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BYt
COMPUTER CONSULTING COMPANY,
CONTRACTOR
BY I \-1s.
Daniel B. Smith, is hereby designated as the person to
4
administer the provision of this eme
DAT- 8 C TY AQER
INDEPENDENT CONTRACTOR'S AGREEMENT - PAGR WO
v
R E S O L U T I O N
WHEREAS, the City of Denton, finds it necessary to transfer
and dispose of a certain tract of land owned by the City of
Denton, Texas, f-o the Vnfted 3tate:: of America (U. S. Army Corr
of Engineers) for the Aubrey Reservoir Project and more fully
described below; and
WHEREAS, the below described parcel of land was purchased
September 3, 1980 from Roy D. Houghton (Veterans Land Board)
for Forty-Five Thousand and No/100 ($45,000.00) Dollars for the
Aubrey Reservoir Project; 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
and disposal of the property so described below=
All that certain tract of land situated in the County of
Denton, State of Texas, being part of the Thompson Survey
(A-1238), and being substantially the same land under contract
of sale from the Veterans Land hoard of Texas to Roy D.
Houghton dated August 15, 1969 and recorded in Volume 5891 Page
527 of the Deed Records of Denton County, Texas, and being more
particularly described as follows:
BEGINNING at the corner common to the Roy D. Houghton, at al
and Lee R. Allison properties rtituatcd In the center line of a
road same being the common line hvtween said Thompson Survey
and the C. M. West Survey (A-1361) and a south boundary line
for the A. E. 5adua property, said point of beginning also
being the northwest corner for a 199.41 acre tract conveyed to
D. Sparkman by Garland Warren by deed dated March 17, 1965 and
recorded in Volume 520 at Page 693 of the Deed Records of
Denton County, Texas;
THENCE along the center line for said road, same being the
common line between said Houghton property on the right and
said Sadua property and the Avis 1. Mclenney, at al, properties
on the left, and the common' line between sild Thompson Survey
on the right and said West Survey and the B.B.B. i C.R.R.
Company Survey (A-140) on the left, south 870 59' east,
672.80 feet to a point for the corner common to said Houghton
and the Mable E. Sparkman, et al properties(
THENCE along the common line between said Houghton and Sparkman
properties south 020 42' west 1322.60 feet to a 2-inch iron
pipe for the corner common to said Houghton and Sparkman
properties, situated in the north boundary line for the J. H,
Curtis, Jr, property(
THENCE along the common lin- between said Houghton and Curtis
properties, north 870 32' % it, 672.80 feet to a 2-Inch Iron
pipe for the corner comm,,n to said Houghton and Curtis
properties, situated in the eastermost boundary line fot said
Allison propertyl
THENCE along the common line between said Houghton and Allison
properties north 020 42' east 1317,30 feet to the point of
beginning, containing 20.387 acres, more or leas, of which
0.387 acre is within said road.
2. The City of Denton will not incur any expense in the
closing of this transaction.
3. ';ne Mayor of the City of Denton is authorized to
execute a General Warranty Deed conveying the property
described herein to the United States of America and is further
authorized to deliver the Deed to the appropriate authorities
of the United States Army Corp of Engineers.
4. This Resolution shall take effect immediately from and
after its passage and approval,
PASSED AND APPROVED this the day of 19.40. JJJ~~~
CIT O
4L P47FX*
F D,.NTAS
.ATTEST:
IM bZ'f; -CTTy-",CgFTARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL POR!I
C. J. TAYLOR, JR. CITY
ATTORNEY, CITY OF DENTON, TEXAS
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TEXAS ENERGY AND NATURAL RESOURCES ADVISORY COUNCIL
411 WEST 13TH STREET, AUSTIN, TEXAS 78701
August 27, 1980
Mr. G. Chris Hartung
(Aty Manager
City of Denton
Municipal Building
Denton, Texas 76201
Dear Mr. Hartung:
The Texas Energy & Natural Resources Advisory Council (TENRAC) is pleased to
announce that the City of Denton has been awarded funding to implement the first
phase of the Texas Comprehensive Community Energy Management Nograrn
(CC EM P).
Please allow me to congratulate the City of Denton for toe commitment to energy
management planning that led to this award, I am confident that the excellence
with which the Texas CCEMP cities implement this prol;rarn will sc- ^ as a fine
example and training ground for community energy management fol all Texas
cities.
Sincerely,
4(
17
Milton L. Holloway
Executive Director
MLH:mId
cct Mr. King Cole
Assistant City Manager
Mr. John Goldmann
Energy Coordinator
CoChalrn en: Vkr Chairman, EeeeutM Oinetht
William P. Clements, Jr. William P. Hobby Bill Claylon Whom L. Hollowly
Gcverrar Lieutenant Governor Speaker of the Houw
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CITY Oi- DEN10N
MANAGER'S CUICE
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STATE OF TEXAS 0 PROFESSIONAL SERVICES
AGREEMENT
COUNTY OF TRAVIS 0
4 CONTRACT #
1. Parties
This contract and agreement is made and entered into by the following parties:
The Agency: Texas Energy and Natural Res<urces Advisory Council
411 West 13th Street
Austin, Texas 78701
The Contractor: City of Denton_
name
Municipal Building
address
" Denton, Texas 76201
city, state, zip
Comptroller Vendor ID# or
Federal IDO
The parties hereto have severally and collectively i:greed and by the execution
hereof are bound to the mutual obligations and to the performance and accomplish-
ments of the tasks hereinafter described.
H. Recitals
Pursuant to S.B. 921, (6th ' egislature, the Texas Energy and Natural Resources
Advisory Council is mandated to pe=rform functions as the energy and natural
resource policy and planning agency for the State of Texas. The "Conservation"
division of the Agency was established to coordinate and initiate programs designed
to assist Texans In the conservation of energy.
This agreement Is entered into for the purpose of Initiating the Comprehensive
Community Energy Management Program (CCEMP) in Texas. CCEMP is a segment
of the 1980 Local Government Program of the Texas State Energy Conservation
Plan (SECP) prepared in accord with the Energy Policy and Conservation Act
(PL 94-163), as amended by the Energy Conservation and Production Act
(PL 94-335 and PL 95-70).
CCEMP proposals from Texas units of Local Government were received in accord
with an announcement published in the Texas Register, Volume 5, Number 31,
Pages 1546-1547, April 22, 1980.
This program is funded in part by a grant from the United States Department of
Energy,
Ill. Statement of Services
The parties herein do hereby agree that the Contractcr, in consideration of the
compensation hereinafter described, will provide the following services:
A. Develop a detailed workplan to include:
1r Schedule of activities, hearing dates, and Task Force meetings,
2. Task Force composition/organization, and
3. Components of the Action Plan;
B. Conduct the community-wide energy audit in accord with the Mittman
Method or other similar approved method;
C. Develop issues, needs, and objectives based on comprehensive energy audit
results;
D. Select suitable alternative strategies;
E. Prepare the draft Action Plan; and
F. Finalize and submit the Action Plan to City Council for adoption.
All of the above are more specifically described in Contractor's proposal attached
hereto as "Attachment All and Incorporated herein for all purposes.
The Contractor shall submit such records, Information, and reports In such form
and at such times as may be required by the Agency. The reports required of
Contractor shall Include, but not be limited to the reports specified below:
• a. Workolan Due October I. 1980
b. Energy Audit Due January 1. 1981
c. Needs, Issues, Objectives Due March 1, 1981
d, Alternative Strategies Due May 1, 1981
e. Draft Action Plan Due July 1, 1981
f. Final Action Plan Due September 1, 1991
g. Monthly Progress Reports Due throughout
h. Final Report/Internal Evaluation Due September 15, 1981
1V. Term of Contract
This contract and agreement shall commence September 1, 1980 and shall continue
unless terminated earlier by other provisions of this contract until September 30,
1981.
V. Compensation and Payment
For and in consideration of the delivery of the herein described services to be
provided by the Contractor, the Agency agrees and covenants to provide as
compensation up to and not to exceed the sum of Fifty One Thousand Three
Hundred Fifty Dollars ($51,350) for reimbursement of allowable expenses incurred
pursuant to the budget attached hereto as "Attachment B" and incorporated herein
for all purposes. Travel, if any, shall be at State of Texas employee approved
rates. Request for payment shall be by State of Texas purchase voucher supported
by an invoice detailing expense by budget category with accounting of prior
reimbursed costs, current request and balance of budget remaining. Said invoice
shall be fully supported by actual receipts and other documentation to allow for
full substantiation of costs incurred. Request for reimbursement shall coincide
with submission of required performance reports and payment processed upon
approval of said report. To insure full compliance with the described performance
of the Contractor, final payment in an amount equal to 10% of the contract total
shall be withheld until delivery and approval of the final report and/or all
deliverables required herein.
VI. Matching Services and Funds
Where matching services and other matching funds are provided In Contractor's
proposal and/or post-proposal negotiations with the Texas Energy and Natural
Resources Advisory Council, the Texas Energy and Natural Resources Advisory
Council will require documentation of such matching contributions. For matching
cash contributions and services from other sources, letter commitment from the
funding source will be required before any disbursement of funds obligated
hereunder. Documentation of the use of such matching cash contributions and/or
services will to required at the close of the contract before final payment. In all
cases, not-witnstanding other provisions of this contract, where matching cash
contributions and/or services are required, this contract is contingent upon receipt
of such contributions, and failure to obtain same shall subject Contractor to the
reduction in funds available herein up to the deficiency or the total of this contract
whichever is the lesser.
VII. Inspection do Monitoring
the Contractor shall permit Agency to inspect and shall make available to the
Agency for inspection any or all pertinent records, files information or other
written material pertaining to the operation of programs and expenditure of funds
maintained by Contractor or any other person or other entity with whom any
portion of the performance hereunder has been subcontracted. The Contractor
further agrees to maintain all such records for a period of three years and make
available same to the Agency or agencies of the Federal Government for purposes
of audit. The Contractor further agrees that the Agency may carry out monitoring
and evaluation activities to insure adherence by the Contractor to the work
program which is the subject of this contract.
VIII. Copyright do Acknowledgement
The Contractor will not assert any rights at common law or in equity or establish
any claim to statutory copyright in any material or information developed under
this contract, and Agency shat; have the right to use, reproduce or publish any or
all of such information and other materials without the necessity of obtaining any
permission from Contractor and without expense or charge. All reports and other
materials completed as a result of this contract shall carry an appropriate
acknowledgement of Agency support on the front cover or title page of such
document and other materials. Any further usage by Contractor of materials
developed under contract herein shall be subject to prior approval by the Agency.
EX. Termination
Either party to this contract shall have the right, in such party's sole discretion and
such party's sole option, to terminate and bring to an end all performances to be
rendered under this contract by notifying the other party in writing of such
termination at least 30 days prior to the effective date of termination.
Upon termination or receipt of notice to terminate whichever occurs first, the
Contractor :hall cancel, withdraw or otherwise terminate, any outstanding orders
Gr subcontracts which relate to the performance of this contract and shall
otherwise cease to Incur costs hereunder.
In no event shall the Agency be liable to the Contractor or Contractor's creditors
for expenses incurred after the termination date.
X. Independent Contractor
it Is expressly understood and agreed by both parties hereto that the Agency is
contracting with the Contractor as an Independent Contractor and that the
Contractor, as such, agrees to hold the Agency harmless and to Indemnify it from
and against any and all claims, demands, and causes of action of every kind and
character which may be asserted by any third party occuring or in any way incident
to, arising out of, or in connection with the service's to be performed by the
Contractor under this contract.
XI. Subcontracting
Contractor shall subcontract for the performances specified herein only where such
subcontracts and the subcontractors are expressly specified herein or with the prior
written approval of such subcontracts and subcontractors by the Agency. Contrac-
tor, in subcontracting any of the performances hereunder, shall legally bind
subcontractors to perform subject to all the duties, requirements, and obligations
specified of Contractor herein with respect to such performance or any portion
thereof.
In no event shall any provision of this Section, specifically including the require-
ment that Contractor obtain the prior approval of Agency on Contractor's subcon-
tracts, be construed as relieving Contractor of the responsibility for insuring that
the performances rendered under all subcontracts are rendered so as to comply
with all the terms and trovisions of this contract as of the performances rendered
were rendered by Contractor hereunder.
XII. Amendment & Changes
Any alteration, addition, or deletion to the terms of this contract shall be by
amendment hereto in writing and executed by both parties hereto on or before the
proposed effective date of said amendment.
XII1. Assurances
The Contractor assures that no person shall, on the grounds of race, creed, color,
handicap, national origin, sex, politiczt affiliation or beliefs, be excluded from, be
denied the benefit of, or be subjected to discrimination under any program or
activity funded in whole or in part under this agreement or otherwise under the
Contractor's control.
Incorporated by reference the same as If specifically written herein are rules,
regulations and all other requirements imposed by law, Including but not limited to
compliance with those pertinent rules and regulations of the State of Texas and
those of United States agencies providing funds to the State of Texas.
XIY. Funding
It Is expressly understood and agreed by the parties hereto that all performances on
the part of the Agency are contingent upon and subject to actual receipt by the
Agency of sufficient and adequate funds and for other consideration from the
sources contemplated by this contract outside the Agency to fully perform the
obligations and duties of the Agency as specified by this contract.
F'a~ing ague tine terms herein the Parties do hereby execute this contract this
C! day of 1980.
Texas Energy and Natural Resources Contractor; City of Denton, Texas
Advisory Council
by /r by
Milton L. Holloway G. Nuelleri L <T
Executive Director tApproval Recom nde :
4
Bill La rback Deputy Director C~rrwal-C~unsel
Thomas D. Wright David Schiller
Division Director- Fiscal Officer
Attachment B
Category CCEMP Local Total
Personnel
Salaries $ 17,559 $ 20,965 $ 38,524
Fringe Benefits 2,171 3,535 5,706
Subcontracts 25,000 -0- 25,000
Travel 1,020 -0- 1,020
Equipment (lease only) -0- -0- -0-
Supplies and Other
Direct Operating 5,600 -0- 5,600
Expense
Indirect Costs
@ rate -0- -0- -0-
Total 51,350 $ 24,500 $ 75,850
I
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THE STATE OF TEXAS X /
ESCROW AGREEMENT AND INSTRUCTIONS
COUNTY OF DENTON
WI:EREAS, the City of Denton, Texas ("City")
and George Hopkins, Trustee, ("Developer") have executed
an escrow agreement dated the .mss day of Oc fer, 1980,
a copy of which is attached whereby the parties agreed
to establish an escrow account with University State Bank
of Denton; and
WHEREAS, the Developer has delivered to and
deposited with University State Bank of Denton the sum
of $25,000.00 as the estimated cost of paving improvements
to Mayhill Road for approximately 482.2 feet, receipt of
which is hereby acknowledged by University State Bank of
Denton; and
WHEREAS, it is the intent of the City and
Developer to use the services of University State Bank
of Denton as an escrow agent; now, therefore,
The parties hereto agree as follows:
1. All parties agree that the said sum of $25,000.00
will be held on account with University State Bank of Denton
and that witrdrawals will be made only for the psyment of
paving improvements to Mayhill Road as described above,
and that University State Bank of Denton agrees to hold
said sum for thin pu:pcse until all said improvements are
installed and approval and acceptance of said improvements
are given by the City of Denton, Texas.
2. Any interest which may accrue on the escrow account
may be retained by the Developer provided that all said
improvements are completed, approved and accepted by the City.
3. Developer agrees to pay any and all oscrow fees
charged by University State Bank of Denton for handling the
said escrow account,
44 The City shall give written notice to Developer
and University State Bank of Denton, Taxes prior to taking
l
eAclusive control and possession of said escrow account
as provided for by the attached escrow agreement. q
IN WITNESS WHEREOF, the parties to this instru- 7+
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ment have hereto set their hands, executed as to the
original and two copies, on this the kF day of
trctoer, 1980.
CITY OF DENTON, TEXAS GEORGE HOPKINS9 TRUSTEE
-
B . a r ag", 'Q- (
UNIVERSITY STATE BANK OF DENTON
BY ' /11l~ti
ut orize epresentative
ESCROW AGM EMENT AND INSTRUCTIONS Page 2
THE STATE OF TEXAS X
COUNTY OF DENTON ESCROW AGREEMENT
X
THIS ::SCROW AGREEMENT is made and entered into
this the ~ day of 1980, by and between the
pity of Lenton, a Municipal Corporation of the State of
I
Texas ("City") and George Hopkins, Trustee, of Denton
County, Texas ("Developer") ;
WITNESSETH
WHEREAS, Article 13.07(b)(2) of the Denton Code
of Ordinances, as amended, permits a subdivider in lieu
of the actual completion of all street, alley, curb and
gutter and drainage improvements for 5 proposed subdivision
within the City of Denton, to make an escrow deposit in
the total estimated amount for such improvements prior to
the issuance of building permits within the subdivision,
said escrow arrangement to provide that the City of Denton
shall be entitled to the proceeds upon failure of the
contractor to complete the necessary improvements; and
• . WHEREAS, the Developer has elected to comply
with the above mentioned ordinance in developing a tract
of land fronting on the West side of Mayhill Road in the
City of Denton, Texas; now, therefore,
The parties hereto agree as follows:
+ 1. The Developer shall deposit a total sum of
$25,000.00 in an escrow amount with University State Bank
of Denton to be held and used for the actual installation
and completion of all paving of street improvements on
Mayhill Road for 482.2 feet adjacent to the Developer's
property, said escrow arrangement to provide that the
City of Denton shall be entitled to the proceeds in-
cluding any interest, upon failure of the Developer to
complete the said improvements.
2, The Developer shall not withdraw the escrow funds
or any portion thereof, except for the payment of asiO
improvements.
3. The parties hereto agree that any interest which
may accrue on the escrow account may be retained by the
Developer provided that all said improvements are com-
pleted, approved and accepted by the City.
4. The said escrow arrangement shall provide for
the holding of said proceeds unill ail said improvements
ar6 installed on Mayhill Road adjacent; to the Developer's
property and approval and acceptance c-f said improvements
is given by the City.
S. The Developer agrees to pay any and all escrow
fees charged by University State Bank of Denton for the
said escrow account.
6. The parties hereto agree to execute an escrow
re:eipt, and instructions thereunder, directed to the
University State Bank of Denton, as escrow agent, to hold
the funds in ac,:ordance with this agreement.
7. It is understood and agreed that time is of the
essence of this agreement, and in the event that the
Developer shall fail to complete the said improvements
within a reasonable length of time, the City shall give
written notice to the Developer and University State Bank
of Denton that the City intends to invoke the forfeiture
provision of this agreement and the escrow agreement.
6. In the event that Developer fails to complete
the said improvements and it becomes necessary for the
City to employ the services of an attorney to enforce
this agreement, with or without litigation, the Developer
agrees to pay the City a reasonable attorney's fee and,
in addition', such reasonable costs and expenses as are
incurred in enforcing this agreement.
9. It is expressly understood qnd agreed that this
agreement shall not be assigned by the Developer without
the prior written consent of the Cityl but that said consent
shall not be reasonably withheld,
ESCROW AGREEMENT Page 2
10. The Developer shall be obligated to pave only
that portion of the street which he is obligated to pave
under Article 13.07(b)(2) of the Denton Code of Ordinance.
11. This agreement shall be binding upon the heirs
executors, administrators, and assigns of thr.~ parties
hereto.
IN WITNESS WHEREOF, the parties to this agreement
have hereto set their hands, executed as to the original
and two copies, on the date fir*t above written.
CITY "PEN 0~ , TEXAS
B '
ATTES .
i Secretary
City of Denton,/Texas
'~L ( eeorge Hopkins, rustv"~
THE STATE OF TEXAS X
COUNTY OF DENTON X
BEFORE ME, the undersigned authority, in and
for said County and State, on this day personally
appeared GEORGE HOPKINS, TRUSTEE, known to me to be the
person whose name is subscribed to the foregoing instru-
ment, and acknowledged to me that he executoi the same
for the purposes and consideration therein expressed,
GIy2N UNDER MY HAND AND SEAL OF OFFICE, on
~AA
Notary u n an o
Denton Count , Texas
My Commission Expires
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ESCROW AGREEMENT pager 3
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X82 ,
No. 20-70
AN ORDINANCE AMENDING THE 1979-80 BUDGET OF THE CITY OF DENTON,
TEXAS AY 1NCFEASIN, TqF WORKING CAPITAL FUND $66,000.00, AND
DECLARING AN EFFECTIVE DATE.
f
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION I.
The 1979-80 Budget of the City of Denton, Texas is hereby
amended by increasing the Working Capital Fund in the amount of
$66,000.00.
SECTION II.
This ordinance shall become effective from and after the
date of its passage.
PASSED AND APPROVED this the day of September, 1980.
r
ACITY r r ~OF DENT 1. TEXAS
ATTEST:
BROOKS H
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CITY OF DENTON, TEXAi
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY: J(,
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AN ORDINANCE PROVIDING THAT APPROXIMATELY 5.46 ACRES OF LAND OUT OF
THE JOHNATHON DOUTHITT SURVEY, ABSTRACT NO. 329 HERETOFORE DEDICATED
AS A PUBLIC STREET BE VACATED, AND ABANDONED; AND PROVIDING THAT
THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY.
WHEREAS, the City Council of the City of Denton, Texas has been
requested by the owners of adjoining property to vacate, and abandon
that portion of the hereinafter described tract of land; and
WHEREAS, the City Council of the City of Denton, Texas is of the
opinion that the best interest and welfare of the public will be
served by vacating, and abandoning, the hereinafter described tract
of land; now, therefore,
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION I.
That the following described tract of lard situated in Denton
County, Texas:
All that certain tract or parcel of land lying and being situated in
the County of Denton, and State of Texas, and being out of the
Johnathon Douthitt Survey, Abstract No. 329, and being more
particularly described as follows: Being a strip of land 60 feet,
30 feet on each side of the following described centerline:
BEGINNING at a point, 2931 feet north of the southwest corner of the
Johnathon Douthitt Survey, said beginning point being in the west
boundary line of a tract deeded to the City of Denton, Texas by C.
N. Price, as recorded in Volume 2959 Page 322, Deed Records of
Denton County, Texas;
THENCE south 800 50' east 956 feet to a point, 530 feet west and
10 feet south of the northeast corner of a 89.9 acre tract out of
the southeast corner of a 474.7 acre tract deeded to the City of
Denton by C. N. Price as aforesaid; said point being the point of
curve of a 10 degree curve to the right;
THENCE with curve to chaining station 17.78, said point being the
point of tangency of said curve; k:ontinuing south l0 30' east, 30
feet west and parallel with said 89.9 acre tracts west line, to
chaining station 24.28, said point being the point of curve of a
200 curve to the left; continuing along said 200 curve to
chaining station 27.28 said point boing the point of tangency of
said curve; continuing south 610 30' east, to station 25.80 said
point being the point of curve of a 200 curve to the right,
continuing along said curve to station 28.80 said point being the
point of tangency of said 20 curve; continuing south 30 feet west
and parallel to fence and west line of said 89.9 acre tract to
chaining station 39.62 said ppoint being in the north boundary line
of a public road; containing in ail 5.46 acres of land.
1s hereby abandoned and jermanently vacated as a road or public
thoroughfare of any kind or character forever.
SECTION II.
That the easement over that portion of said street herein
described is hereby released and will revert to the adjacent owner
or owners as provided by law.
1
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SECTION III.
That portion of the street herein described being vacated,
abandoned and closed is made subject to all existing zoning
reyula0 ons and deed restrictions, if any, and subject to all
existing easement rights of others, if any, whether apparent or not.
SECTION IV.
That the Mayor of the City of Denton be, and he is hereby
authorized, to execute on behalf of the City of Denton, Texas a
Quitclaim to the interest of the City of Denton which are vacated,
abandoned and closed by this ordinance; provided, however, the City
of Denton shall not be responsible for any closing costs whatsoever.
SECTION V.
This ordinance shall take effect and be in full force and effect
from and after the date of its passage, and it is so ordained,
PASSED AND APPROVED by th City Council of the City of Denton,
Q
Texas, this the &'~day of 1980.
~ X 14
CITY OF DENTO TEXAS
ATTEST:
W foot
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CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
G
By
s
"UJr CLAM
,
THE STATE OF TEXAS, KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON
That The~Ci.ty of Denton, Texas, a Municipal Corporation
of the County of Denton And State of Texas , for and in consideration of
the sum of
--------------TEN AND NO/100 ($10.00)------------------------- DOLLARS,
to it in hand paid by Ben Parks Company
of the County of Denton and State of Texas , the receipt of which
is hereby ac1closledged, do, by these presents, BARGAIN, SELI,, RELEASE, AND FOREVER
QUIT CLAIM ii.-to the said Ben Parks Company, its successors
kxxxand assigns, all its right title and interest in and to that certain tract or par•
cel of land lying in the County of Denton and State of Texas, described as follows,
to-wit :
All that certain tract or parcel of land lying and being situated in the
County of Denton, and State of Texas, and being out of the Jolinathon
Douthitt Survey, Abstract No. 329, and being more particularly described
as follows: Being a strip of land 60 feet, 30 feet on each side of the
following described centerline:
BEGINNING at a point, 2931 feet north of the southwest corner of the
Johnathon Douthitt Survey, said beginning point being in the west boundary
line of a tract deeded to the City of Denton, Texas by C. N. Price, as
recorded in Volume 295, Page 322, Deed Records of Denton County, Texas;
THENCE south 800 50' east 956 feet to a point, 530 feet west and 10 feet
south of the northeast corner of a 89.9 acre tract out of the southeast
corner of a 474.7 acre tract deeded to the City of Denton by C. N. Price
as aforesaid; said point being the point of curve of a 10 degree curve to
the right;
THENCE with curve to chaining station 17.78, said point being the point of
tangency of said curve; continuing south l0 30' east, 30 feet west and
parallel with said 89.9 acre tracts west line, to chaining station 24.28,
said point being the point of curve of a 200 curve to the left;
continuing along said 200 curve to chaining station 27.28 said cpoint
being the point of tangency of said curve; continuing south 61 30'
east, to station 25.80 said point being the point of curve of a 200
curve to the right, continuing along said curve to station 28.80 said
point being the point or tangency of said 20 curve; continuing south 30
feet west an,~ parallel to fence and west lane of said 89.9 acre tract to
chaining station 39.62 said point being in the north boundary line of a
public road; containing in all 5.46 acres of land.
TO NAVE: AND TO HOLD the said premises, together with all and singular the rights, priyi-
Ieges ar,rl al,r -Iet kgU-Imes therefo in any manner be?onging u ito the said Ben Parks Company,
its successors and assigns,
axlrxxmk;ue*mt, forever, so that neither the s-ld
City of Denton, Texas, a Municipal Corporation, its successors
trot ?IxkK nor any person or persona cla:w,'nx under it shall, at any time hereafter,
have, claim or dernnnd any right or title to the aforesaid premises or appurtenances, or any part there-
of.
WITNESS our hand at Denton, Texas this
day of A. D. ]980
Witnesseg At Request of Grantor: 9I.7y..0 _ ,NTO(1 TEXAS
ATTEST - ~ BY: '00 ~00'
B HOLT, I'Y SECRF`It1tiY
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NO.
AN ORDINANCE DESIGNATING THE NORTH ONE-HALF (1/2) OF LOT 1, BLOCK
3 OF THE ORIGINAL TOWN SITE OF DENTON, DENTON COUNTY, TEXAS
(LOCALLY KNOWN AS 123 NORTH ELM STREET) AS A HISTORIC LANDMARK
UNDER ORDINANCE NO. 80-30 (ARTICLE 28A OF THE COMPREHENSIVE ZONING
ORDINANCE); AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Historic Landmark Commission and the Planning and
Zoning Commission of the City of Denton have recommended that the
property herein described be designated as a historic landmark in
the City of Denton; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION I.
The north one-half (1/2) of Lot 1, Block 3 of the Original
Town Site of the City of Denton, Denton County, Texas is hIIreby
designated as a historic landmark under Ordinance No. 801-30,
Article 28A of the Comprehensive Zoning Ordinance of the Cit of
Denton, Texas.
SECTION II.
The historic landmark designation shall be indicated upon t e
zoning map of the City of Denton by the letter "It", and t e
property ~,irein described shall be subject to all of the term ,
provisions and requirements of Ordinance No. 80-30, Article 28A of
the Comprehensive Zoning Ordinance of the City of Denton, Texas.
SECTION III.
This ordin•ince shall become effective from and after Its date
of passage. o
PASSED AND APPROVED this the / daY of 1980.
CITY OF DENTO , TEXAS
ATTEST:
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR JR. CITY ATTORNEY
CITY OF DENTbN, 4XAS
BY: d4.1~'J4~4
Y
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387
ORDINANCE NO. V R'~ 3
AN ORDINANCE ADOPTING THE BUDGET FOR THE CITY OF DENTON, TEXAS, FOR
THE FISCAL YEAR BEGINNING ON OCTOBER 11 1980, AND ENDING ON SEPTEMBER
30, 1951; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, notice of a public hearing on the budget for the City of
Denton, Texas, for the fiscal year 1980-81 was heretofore published at
least fifteer. (15) days in advance of said public hearing; and
WHEREAS, a public hearing on the said budget was duly held on the
I 9th day of September, 1980, and all Interested persons were given an
opportunity to be heard for or against any item thereof;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
v HEREBY ORDAINS:
SECTION I.
The Budget for the City of Denton, Texas for the fiscal year
::j beginning on October 1, 1980 and ending on September 30, 1981 prepared
-,Z by the City Manager and filed with the City Secretary, as amended by
the City Council is hereby approved and adopted.
SECTION II.
That the departmental appropriations for the City of Denton,
Texas, for the fiscal year beginning October 1, 1980 and ending
September 30, 1981, from said budget are hereby approved and adopted:
RRJENUES
FUND AMMOUNT
General Fund $ 9,814,679
Sanitation Operations' $ 1,252,200
Electric System $24,529,670
Water and Sewer System $ 41453,396 W
Working Capital Fund $ 436,557
General Debt Service Fund $ 11959,079
Revenue sharing $ 525,000
EXPENDITURES
FUND DEPARTMENT AMOUNT
General Fund General Government $ 489,804
General Fund Energy Conservation $ 44,785
General Fund Legal $ 188,770
General Fund Personnel $ 166,654
General Fund Civil Defense
General Fund Planning & Development $ 97,fl05
General Fund Data Processing $ 337,231
General Fund Airport $ 52,484
General Fund Finance $ 850,568
General Fund Public works $ 1,5601700
General Fund Police $ 1,872,772
General Fund Fire $ 11938,457
General Fund Parks 6 Recreation $ 886,717
General Fund Library $ 307,363
General Fund contributions to other Agencies $ 325,621
General Fund Miscellaneous $ 900000
General Fund Trausfer to General Project Fund $ 147,639
General Fund Reserve for Salary Adjustment 635,000
TOTAL GENERAL FUND EXPENDITURES $10,0941764
388
Sanitation Operations :sanitation Operations $ 1,239,311
Electric System Electric System $25,807,563
Water & Sewer System Water 6 Sewer System $ 5,473,294
Working Capital Fund Working Capital Fund $ 436,557
Revenue Sharing Fund Revenue Sharing Fund $ 525,000
General Debt Service Fund General Debt Service Fund $ 11959,079
SECTION III.
That the City Manager is hereby authorized to transfer the amounts
of money contained in the Reserve for Salary Adjustment as contained
in the 1980-81 budget to the various departments as needed for the
purpose of implementing the proposed pay plan as approved by the City
Council for the General Fund employees.
SECTION IV.
That the City Manager shall cause copies of the budget to be filed
with the City Secretary, the County Clerk of Denton County and the
State Comptroller of Public Accounts.
SECTION V.
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 shill not affect the validity of the
remaining portions of this ordinance, and the City Cot:ncil of the City
of Denton, Texas, hereby declares it would have enacted such remaining
portions despite any such invalidity.
SECTION VI.
That this ordinance shall be effective upon its passage and
approval.
PASSED AND APPROVED this the 16th day of September, A. D. 1980.
RICHARD TALIA R
MAYOR PRO-TEM
CITY OF DENTON, TEXAS
ATTEST:
BROOKS HOLT, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON$ TEXAS
BY:
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NO.
AN ORDINANCE LEVYING THE AD VALOREM TAX OF THE CITY OF DENTON,
TEXAS, FOR THE YEAR 1980, AT THE RATE OF $1.29 PER $100.00
ASSESSED VALUATION ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE
LIMITS OF THE CITY ON IANUARY It 1980, NOT EXEM'T BY LAt;;
PROVIDING REVENUES FOR PAYMENT OF CURRENT MUNICIPAL EXPENSES,,
AND FOR INTEREST AND SINKING FUND ON OUTSTANDING CITY OF DENTON
BONDS] PROVIDING FOR LIMITED EXEMPTIONS OF CERTAIN HOMESTF,ADSI
PROVIDING FOR ENFORCEMENT OF COLLECTIONSt PROVIDING FOR A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE; DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS, IIF.RF.BY ORDAINS:
SECTION I.
That by authority of the Charter of the City of Denton,
Texas and the laws of the State of Texas, there is hereby levied
for the year 1980, on all taxable property, situated within the
corporate limits of the City of Denton on the first day of
January, 1980, and not exempt by the Constitution and laws of
the State of Texas or by Section 2 of this Ordinance, a tax o*.
$1.29 on each $100.00 assessed value of all t..•able property
which shall be apportioned and distributed as follows:
(a) For the General Fund of the City of Denton,
$.6665 on each $100.00 of assessed value;
(b) For the purpose of creating a sinking fund to lay
the interest and principal on outstanding bonded
indebtedness on all outstanding City of Denton
bonds, not otherwise provided for, $.6235 on each
$100.00 of assessed value,
SECTION II.
That that pursuant to Article VIII, Section 1-b of the Texas
Constitution, $8,00U of the assessed value of resident home-
steads of persons sixty-five (65) years of age or older, shall
be exempt from City ad valorem taxes.
SECTION III.
That for enforcement of the collection of taxes hereby
levied, the City of Denton shall have available all rights and
remedies provided by law.
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 of Denton, Texas, hereby declares it
would have enacted such remaining portions despite any such
invalidity.
SEC'I_ON V.
That this ordinance shall be effective immediately from and
after its passage and approval.
PASSED AND APPROVED this the 16th day of September, A. D.
` 1980.
R HARD TALIAFF 0
MAYOR PRO-TF.M
CITY OF DENTON, TEXAS
APPRO D AS TO LEGAL FORM:
BROOKS HOLT, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY F DENTON, TEXAS
BY: 0'
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R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS:
SECTION I.
The Mayor is hereby authorized and directed to execute on
behalf of the City of Denton a Correction Quit Claim deed from
the City of Denton to Folsom Investments, Inc. quit claiming
all rights of the City of Denton in an easement described in
said Correction Quit Claim Deed, a copy of said Correction Quit
Claim Deed being attached hereto and made a part hereof for all
purposes.
SECTION II.
This Resolution shall be effected from and after its
passage and approval.
PASSED AND APPROVED this the 14 fday of ,
1980. -
R '10R, * MAYOR (OAw
CITY OF DENTON, TEXAS
ATTEST:
4 d-~
BR
OLT, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
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QUIT CLAIM CORRECTION DEED
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY ,,OF DENTON
That the City of Denton, Texas, a Municipal Corporation of
the County of Denton, and State of Texas, for and in con:side--
ration of the sum of Ten ($10.00) Dollars to it in hand paid by
Folsom Investments, Inc. of the County of Dirnfon and State of
Texas, the receipt of which is hereby acknowledged, do, by
these presents, bargain, sell, release, and forever quitclaim
unto the said Folsom Investments, inc. its successors and
assigns, all its right, title and interest in and to that
certain tract or parcel of land lying and being situated in the
County of Denton and State of Texas, described as follows
to-wit:
All that certain lot, tract or parcel of land lying and being
situated in the City and County of Denton, State of Texas, and
being part of the R. Beaumont Survey, Abstract No. 31, and
being part of a tract of land conveyed by Jack Skiles to
Crawford Building Corporation by Deed as recorded in Volume
374, Page 191 of the Deed Records of Denton County, Texas, and
more particularly described as follows:
BEGINNING at a point in the south boundary line of said tract,
said pc.nt of beginning lying in the north right of way line of
State Highway 24 and being 236.0 feet east of the southwest
corner of said tract;
THENCE north 340 14' west, passing at 107.0 feet the
northeast corner of a building and continuing north 320 14'
west a total distance of 111.0 feet to a point fir a corner;
THENCE south 790 26' west 4.0 feet north of and parallel with
the north wall of said building, a distance of 57.0 feet to a
point for a corner;
THENCE north 100 34' west a distance of 16.0 feet to a point
for a corner;
THENCE north 790 26' east 20.0 feet north of and parallel
with the north wall of said building, a distance of 73.0 feet
to a point for a corner;
THENCE south 320 14' east a distance of 127.0 feet to a point
for 'a corner in the so~lth boundary line of said Crawford
Building Corporation tract, said line also being the north
right of way line of State Highway 24;
THENCE south 710 01' west along the south boundary line of
said boundary line of said Crawford Building Corporation tract,
same being the north right of way line of State Highway 24, a
distance of 16.0 feet to the place of beginning and continuing
2,944.0 square feet of land, more or leas.
TO HAVE AND TO HOLD the said premises, together with all
and singular the rights, privileges and appurtenances thereto
in any manner belonging unto the said Folsom Investments, Inc.
Its successors and assigns, forever, so that neither the said
City of Denton, Texas, or its successors or assigns, or any
person 7r persons claiming under it shall, at any time
hereafte., have, claim or demand any right or title to the
eforesaiq premises or appurtenances, or any part thereof.
.j ,
This Quit Claim Deed is made in place of and as a Quit
Claim Deed of Correction of a Quit Claim Deed executed by
Grantor herein to Folsom Investments, Inc., Grantee, dated
October 23, 1979 and recorded in Volume 983, Page 808 of the
Deed Records of Denton County, Texas, wherein by error or
mistake the Grantee was designated as Folsom Enterprises, Inc.,
instead of Folsom Investments, Inc. and this instrument is made
by Grantor and ac,ep tcd by Grantee in order to correct said
error or mistake, and in all other respects confirming said
former Quit Claim Deed.
Witness our hand at Denton, Texas, this the 16th day of
September, 1980.
U
RICHARD TALI ERRO
MAYOR PRO T M
CITY OF DENTON, TEXAS
ATTEST:
B OKS HOLT, CITY SECRETARY
CITY OF DENTON, TEXAS
THE STATE OF TEXAS §
COUNTY OF DENTON 5
BEFORE ME, the undersigned authority in and for said
County, Texas, on this day personally appeared Richard
Taliaferro, Mayor Pro-Tem, of the City of Denton, Texas, known
to me to be the person and officer vhose name is subscribed to
the foregoing instrument, and ackn,-ledged to me that the same
was the act of the said City Council of the City of Denton,
Texas, a Municipal Corporation, and that he executed the same
for the purposes and consideration therein expressed,. and in
the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This the 16th day
of September, 1980.
NOTARY PUBLIC IN AND FOR
DENTON COUNTY, TEXAS
My Commission expires: _,7,-s' _
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R E S O L U T I O N
WHEREAS, the r1itf of CEliturj, Frexas is desirous of
executing a license agreement with the Missouri-Kansas-Texas
Railroad Company relating to one aerial electrical transmission
line containing a maximum of 13.2 KV crossing the railroad
tracks at Mile Post K-723.33; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON,
TEXAS:
That the Mayor of the City of Denton, Texas, is hereby
authorized to sign on behalf of the City of Denton a license
agreement with the Missouri-Kansas-Texas Railroad Company for
one aerial electrical transmission line containing a maximum of
13.2 KV crossing Mile Post K-723.33 at Railroad Company's
Denton Subdivision, Denton County, Texas. Said license
agreement is attached hereto and made a part hereof.
PASSED AND APPROVED this thi X~ day of
1980.
AiCf}hR , MAYOR ~t~•
CITY OF DEN , TEXAS v
ATTEST:
Arwl
B KS HOLT, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY: cs~'161
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Rev tin
POWER LINE LICENSE
THIS AGREEMENT No. **ade this list day of August 19 80
b:sween the MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, hereinafter called "Licensor", and
CITY OF DENTON, TEXAS
hereinafter called "Licensee-.
M ITNESSETH:
ARTICLE 1.
1. Term: This apreement shall take effect tht date hereof, and unless sooner
terminated as provider herein, shall continue in force so long as used for the purpose
herein set out for P. period of ten (10) years, or until terminated by either party giving
the other party rot less than thirty (30) days' advance notice in writing of an intention
to terminate th% same, the agreement to terminate upon the expiration of sucb notice,
whichever occurs first. Licensee is hereby given a renewal option at a price and term
to be negotiated prior to the expiration of this term. In the event the amount of rene-
gotiated rental is not agreed to in writing by both parties, prior to the expiration of
the term of this license, this license sball autor,stically terminate without notices
effective the lest day of the expiring term.
2. Consideration and Description: In consid:ration of SEVEN IlVNDRF.D AND NO 100------------------
-------------------------------------------------------------------5700.00 )DOLLARS,
receipt of which is hereby acknowledged, and of the cos enants of Licensee as hereinafter set forth, Licensor hereby grants a license
- and permission to Licensee to construct, reconstruct, use, maintain, repair and install one aerial '
electrical transmission line containing a maximum of 13.2 KV__
situated on, across or along Licensor's property at or nrar--Denton-_. in the County of Denton
and State of Texas For convenience, the said power line with all lowers, poles, wires and appurtenances
insofar as they relate to said power line upon said right of way is herein called `Crossing". The location of said Crossing is more
particularly described as follows
Said 13.2 KV transmission line crosses said
Railroad Company's premises at an angle of
90 degrees, more or less, measured tangent
to curve, from the centerline of said Railroad
Company'e Denton Subdivision main track at
Mile Post K-723.33, being main track valuation
chaining station 1835+19, disrant 794 feet,
more or leas, measured Southeasterly along the
centerline of said main track from the center-
line of a double 5 ft. x 6 ft, x 39' reinf.
concrete box (Br. No. K-723.11 at station
1843+13. Said power line is sot within the
limits of a public crossing.
ARTICLE 11.
Licensee undertakes and agrees:
I. Spearicaiions: All crossings shall be constructed, reconstructed,used, maintained,e,perated, repaired and installed in
strict accordance with the specifications for the time current of the National Electrical Safety Code-Part 2.-Safety Rules for the
Installation and Mainicnance of Electric Supply and Communication Lines", provided that all material and workmanship
employed in the construction, reconstruction, use, maintenance, operation, repairs, and installation of the Crossing shall be
subject to the approval of Licensor's Chief Engineer. In any c%cnl, however, said Crossing, if aerial, shall clear the rails of any track
of Licensor at Teas[ thirty (MY) feet, and no poles shall be placed nearer than fifteen(I5) feet to the main track or any sidetrack. The
Crossing oyeran%track shall be as m^srh aspossibl- it igb:angles. If said Cro.,singisbur.ed,4;'r.allb:plae.JinaeonJuit.here
the top or Inc conduit is at least five and one-half (Sh') feet beneath base of rail.
2. Present Occupants: To make appropriate arrangements with any person or legal entity occupying the premises
affected hereby pursuant to a lease or other permission granted by Licensor, so that Licensee's said Crossing will not unreasonably
interfere Nsith the use of the subject properly, or create unglue hardship on the person or legal entity occupying lhepremises.
3. Liability: Licensor shall not be liahlc for any damage to said Crossing or the contents thereof, howsoever such damage
shall be caused, whether by the negligence of I icensor, its agents, employees or otherwise.
Licensee assurnesthe risk of, and shall protect, indemnify and hold harmless Licensor from and against all liability for or
on account of injury to or death of any and all persons or damage to property, including livestock killed or injured, resulting from
or incident to the construction, maintenance, use, operation, relocation, reconstruction or exklenceofsaid Crossing on Licensor's
premises, or the rcmosal thereof, from said premises, or to the restoration of or failure to restore said premises to their prior or
other condition as herein provided, whether such injury, death, ordamage shall be caused or contributed to by the negligenceof
Licensor, its agents. employes or othenk isc, and Licensee will protect, indemnify and hold harmless Licensor and any others
legally using its right of way, from all claims, demands, suits or actionsgruwingoutofanysuch loss. injury ordemands, including
imestigation costs, court costs, and attorney's fees result ing in or in a n% manner arising from the risks herein assumed by Licensee.
Licensee further agrees to immediately investigate any such claims, demands, or suits and shall defend, settle and/or otherwise
dispose of the same at its sole cost and csper.se. In the c%cnt Licensee scu'cs any such claims, demands, or suits, it shall obtain a
release which includes Licensor.
Licensee shall not have or make against Licensor any claim or d •mand for or on account of any damage licensee may
saffer or sustain because of any failure of Licensoe's title to the right of way and lands occupied by said Crossing or any part
thereof.
4. %laiser:Towaiyeall right toqu::,donthevalidit)of this Iiccnseoran)of thctcrrnsorprosisionshereof. or the right
or power of Licensor to execute and enforce the same.
ARTIC LL Ill.
It is mutually agreed by and between the parties, as follows.
L(a) Repairs and Relocation: Licenser will at all times maintain the Crossing in a safe and secure manner, and in a
condition satisfactury to Licensor, licensor may request Licensee to change the location of the Crossing, oran) part thereof.or to
make reasonable repairs as in thejudecmcn! of Iicensor shalt be deemed necessaq to avoid interference with ordanger in theuse
or operation of Licensor's railroad, or any of its present or future appurtenances, or telegraph, telephone, signal or other lineson
Licenser's right of way, and in the event it is found necessary for Licensor to u,.e itsmtirc right of way, orany portion of it occupied
by the Crossing. Licensee shall at its sole expense, and within ihirt) (30) days afrer notice so todo,(or upon shorter notice in case of
emergenc)). remove said Crossing, or as much of the Crossing as is localcil upon that portion of the right of way so required by
Licensor.
(b) If Licensee shall fail to perform any of its obligations contained in this agrermcn[ to the maintenance of safe
conditions in and about said Crossing or as to the protection of wires from rleci rival interference on Licensor's propertyor to make
any necessary, repairs, or to relocate said Crossing. then Licensor may cause such condition lobe made safe, or change of location
to be made, or repairs to be made, or Crossing to he rcmuved from l Acnsor's property, I iccnsor acting as the agent of Licensee,
and may perform such work as is necessary in the judgement of I icensor, and licensee shall. on demand, promptly reimburse
Licensor '.he whole cost thereof, plus tcn I I(r i ) per cent thereon as a charge for supervision, accounting, and use of tools: or
Licensor ma) terminate this License by gis ing in Iicensee not less than ten (10) days' advance Atillcn notice of its intention so to
do.
2. 'ferminetion: Licensor may terminate This License upon Icu (10) dayi written notice if Licensee failsto keep anyor
Licensee's coscnan[s herein contained. or if the right of way is required for other purposes by Licensor, and no reimbursement
shall he made for Licensee's expenses incurred in the rcmotal of this crossing or the consideration paid for this License. No
lerminationor expiralionshall affect the rights and liabilities, if any, of the particshcrcto then existing.
3. Resturatiun: Upon the termination of this agreement, w helhcr in accordance with the provisions of Paragraph I of
Article L or Paragraph 2 or 4 of Article III, or otherwise, Licensee shall prompilyremovr said Crossing from Licensoe's righlof
way, and restore said right of way to its prior condition, or to a condition satisfactory to Licensor. If licensee shall fail to remove
said Crossing within thirty (30) days after the Icrwination of this agreement. Licensor may rcmose the same, and charge the
expense therefor to the Licensee on the hasis provided in Paragraph I(b) of Article 111.
- 2-
4. \liscellaneous: (a) 7 his license and all of the provisions herein contained shall be binding upon the parties hereto.
their heirs, executors, administrators, successors and assigns, and Licensee agrees to supply notice in writing to Licensorbf any
name eha nges. Licensee agrees not to assign this license or any interest therein, without the consent of Licensor in writing, and a ny
and even such attempted assignment without such prior written consent shall be void and of no effect. In the event of any
assignment. Licensee shall at all times remain fully responsible and liable for the payment of the rental, if any, herein specified and
for the compliance of all of its other obligations under the terms, provisions, and covenants of this License.
(b) In the event rent is paid annualiv. Licensor esprcssly reserves the right toincrease the above rental rate on any yearly
anniversary date of this license by giving Licen.ee (aitsy(A) aa)s wriu,n notice. Licensor may incremetne rental oy Ii,e
percentage that the Consumer Price Index has increased, published by the Department of labor, since the last rental
increase period, or the last anniversary date hereof.
(c) T'he personal pronouns used herein as referring to Licensee shall be under>tood to to refer to Licensee whether
Licensee be a natural person, a partnership, or a corporation 1 , or any combination thereof.
(d) Any notice herein required to be given by Licensor to licensee shall be deemed properly given if served upon or
delivered to Licensee or his authorircd agent, or if posted on or if mailed, postpaid, addressed to Licensee at his last
known place of business.
(e) No oral promises, oral agreements, or oral warranties shall be deemed a part ofthis Licensa, not shall any alteration,
amendment, supplement, or waiccr of any of the pro%isionsofthislicenw be binding upon either party hereto unless the
same be supplemented, altered, changed, or amended by an instrument in writing, signed byLicensorand Licensee.
(f) This License does not become binding upon I iccnsor until executed by Licensor's vice-prtsident.
IN WITNESS WIiTRIOF, the parties hereto have executed tl:uagrecmeniasoflhedayand )car first abcocuritlen.
SlISS0I:RI-KANSAS-TI XA% RAILROAI) COMPANY
Vice-['resident
CITY OF DENTON, TEXAS
Title `_/lf~l _
Address Municipal Building
Denton, Texas 762011
File: T-18753 '3-
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'~r„:~ C=Jrb-VL[i CLlil/BEY.1>`_1/it4.EfsililoSnt_:n3-Nilu 3+tui411iFnauluL~mauti:.'~ 1AA~a~fu~(~n,It~{;
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• TI-1 F,, STATE OF TEXAS, Ya JOY
KNOW ALL MI BY THESE 1 iti SENTS.
COUNTY OF DENTON PEED RECORDS
303f I
That The City of Denton, Texas, a flunicipal.Co.rporation.
I!
of the County of Denton and State of Texas , for and in consideration of
i
f the sum of
--------------TEN AND N01100 ($10.00)------------------------- DOI,I,n?tc,
f to it in hand paid by Ben Parks Company
t of the County of Denton and State of Texas , the receipt of 4iich
is hereby acknowledged, do, by these present-,, BARGAIN, SELL, REI,EASF:, AND F(IRT ER
~I
QUIT CLAIDf unto the said Ben Parks Company, its successors
3radxs:and assigns, all its right title and interest in and to that certain tract or par-
cel of land lying in the Cuunty of Denton and State of Texas, described as fuilows,
~ f to-wit:
All that certain tract or parcel of land lying and being situat d in the
County of Denton, and State of Texas, and being out of the Johnathon
~outhitt Survey, Abstract No. 329, and )eing more particularly described
s follows: Being a strip of land 60 feet, 30 feet on each side of the
ollowing described centerline:
EGINNING at a point, 2931 feet north of the southwest corner of Lhe
4ohnathon Douthitt Survey, said beginning point being in the west boundary
ine of a tract deeded to the City of Denton, Texas by C. N. Price, as
11ecorded in Volome 295, Page 322, Deed Records of Denton County, Texas;
IIIENCE south 800 50' east 956 feet to a point, 530 feet, west and 10 (cot
-oath of the northeast corner of a 83.9 acre tract out of the southeast
Corner of a 474.7 acre tract deeded to the City of Denton by C. N. Price
is aforesaid; said point being the point of curve of a 10 degree curve to
3lI:he right;
!THENCE with curve to chaining station 17.78, said point being the point of
!tangency of said curve) continuing south 10 30' east, 30 feet west and
~Oarallel with said 89.9 acre tracts west line, to chaining station 24.280
paid point being the point of curve of a 200 curve to the Left;
pontinuing along said 200 curve to chaining station 27.28 said _point
being the point of tangency of said curve; continuing south 61 30'
east, .to station 25.80 said point being the point of curve of a 200
urve to the right, continuing along said curve: to station 28.80 said
)pint being the point of tangency of said 20 curve; continuing south 30
feet west and parallel to fence and west line of said 89.9 acre tract to
chaining station 39.62 said point being in the north boundary line of a
ublic road; containing in al? 5.46 acres of land.
TO HAVE AND TO HOLD the said premises, together with all and singular the rights, ptivi.
leges and appurtenances thereto in any manner belonging unto the said Ben Parks Company,
its successors and assigns,
2Ldtxxmkz%IM forever, so that neither the said
City of Denton, Texas, a Municipal Corporation, its successors !
OCK ytxkx nor any person or persons claiming under it shall, at any time hereafter,
,
iI nave, claim or demand any right 9r title to the afnresald premises or appurtenances, or any part there-
1
i WITNA+. ur sand at Denton, Texas this ,
•*1y,,~~1.day o? 0i&l',t,G4 L A. D. 1980
s Witnesses apt P. rr i of Gromtor: CITY J 3 TOt~„ . TEXAS
BY:
DR S HOL'T, CITY SECRETARY__
• SINGLE Ai'K,~O~VLFDC.DiF;,\T
THE STATE, OF TEXAS, ~ L'F}'ORL AIF, the undersigned authorty,
' DENTON .
in - ,d for said County, Texas, on this day prsun:sly appeared Richar..d_ 0. Stewart,_. ~aypT..o..f the.
11ity. of, Denton, Texas.
& of£i^er
known to n:e to be the person / NNl1we n,❑w IS ~uLrrrihcd to the foregoing inst f~',~i~j o~xdcdged to rre that
1 lid; 11acity therein
staChe executed tic same for the porno, s and.cn dc~-atinn therrtn rxf y , ns.d, c
Z
A-F,N UNA':R MY HAND AND ~f AL nl l~yyr''' /yf ,Jo~/ yt~ 'yj A.D. 1980
N. lwy I', t,.Dept n .County, Texas Ir, N, y('r.,i ruS 9;ooE, ;irt;I Junr l r-19-.. -.;/.e~Q/
r-
,FbJ\'i' ACF\OlfI.1 Df::t1J~.N'1'
THE' STAT}; OF il':?SAS G
' Ii F.C'tll;tttME,1Lc undersigned authority,
COUNH OF in ned f:r sai,! Cuurty, Twos, on L! is doy parr,•'.ally
arJ
his wife, both knot, n to rre to Lc thr perct,nc t, h~+•, -cuu, . ru , r.,b,rr i1 :4 to thr• 1c,w,;nirg Instrumcrt, and axkn,Arlrd;;cd to
me t'rat they each e~Necuted lhn :alr,n for tha pui J << rri! rnr i• n 11sn,in fp!I +rd, and the raid
. , a iro of !?rr F:IiII havirg burn
exr mina; by ,ae privily and apa2L from her hush.vid, rrd l :i: Ry; do. r:,,re folly ecpllir,wl In hrr, si.r, the said
❑r r, .,%It 'o, d ,-jrh in- Lrorncnt t,, b.; hrr art ur.d d,r,l and
she, drelarcd that she had willingly s?gried the saw-: f rr tl , pu l••<, 4-,1,1 rw:. A..rat on t1wrein uxpn ssrd, and that nhe did
not x,.,h to rctra, It It.
GIVEN UNDER 31Y ITAND AND SEAL r)}' OFF141%'11-I• day or , A.D. 19
f )..5.1
ir,ry I',hl+. , County, Texas
1!~ f'.r~i,nl ~>inn 1'rp~ns Jnnr 1, 17
THE SMATE, OF TEXAS,
COUNTY 01' J 1t'r'Fr112}: 11E, tlr urdrriigrcd a'a •aily,
in ut,d hr t;c.! County, Tcx.ts, on a,is day pcrs~a rlly ~p, , I:''I
knoten lo I~t tv be!hr• prrrnn ttP,o r,r,c is cL•n "t , r'm• ^nnn• it, ,I h.rtia:t I,. .'n I inod%rdby r : privily
and npaltft,:mhrrh,,sband, umlliningt!'c:=,,Ih fL;yI~ ~,r,'t..•,t>• I
L ' •r,l + i:, lrurcrt t., N. h.r act and •J.r 1, sad
she deelalc,l Ulat she had %Wincly s'gn• d the =arr.e fr.: 0:-- ..r pn: :c, l r• a u?cr..ri• n U.crein rxprra;cd, and that a' a did
not Nish to retract it.
G1VfN UNDER MY HAND AND SEAL OF 0YHI'F;I hls d: Y of A 1). 19
Ul S.)
;C 'r i•;r 1'a'rtir, county, Texas
}Sy C. F,i'r,, Jun - 1, Ia
THE, STATE OF rf L''~ 115, G;unty
S`Aflllf lCf,C
COUNTY OF. fpttrgY Of 0En101
CJOa rY fI E'~C, ~fi':4YSr Stcoft,rri rl,,r ilinl;
Clerk cd the Caun.y Court of said County, do 6r nLy 4,IL'd r,n the
e•Ilif+ '11.A,AD@r~t41~ ~F,'r) Il, y 1 ~ Ir.
day of . , A. I). 19 drh arJ 11bI':U.t Uua<Yir4,•'rhtl'fr,,i at~trt P~itCity tv;u ,51x1 for
cz, (If, re(, H in tray oplce on Iha _ day of N 0 t l' a~rhr r r > c of the ut;>F~z c.r rf' y
m urld duly
ti,J, Ira: ,s tr, t 111.:f
i'ecurdcd (his eaY of A D. 9 al Y Rr'i5`l4e,#7% M. In tho
y~~ra ~sao
'x
I1'ITNI , MY HAND AND SEAL Oh THE i o1:N 1') cf '.i 1nl r an rages
' ('01 cr •,1rts?, t • . 1l c: c in
r y, r 1
y anrf )c 'ten' •C ~f 1r L~ t '.3'-.,~~.
~ Ca
C"(1ty C1CdVHlY CL1AX, pen:oi Corii(y,1'r.Y~ir' Count), Texts.
L. 8.) Dy I Dcpu(y.
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FILED --~r2943--
A NOV [3 M la 35
DEED RECORDS
iNt
TEMPORARY STORM SEWER r= - '''t
DRAINAGE EI\SEMENT
32943
W THE STATE OF TEXAS S
S KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF n£NTON S
THAT, DENTON INDUSTRIAL PARTNERS (hereinafter called
"Grantor"), a Texas limited partnership acting herein by and
through its duly authorized general partners, does herein and
hereby declare that it is the owner of t.ie hereinafter described
tract of land, and that for and in consideration of the sum of TEN
AND NO1100 DOLLARS ($10.00) and other good and valuable considera-
tion, the receipt and sufficienc5• of which are hereby acknow-
ledged, has, and by these presents does GRANT, SELL and CONVEY
unto the CITY OF DENTON# Denton County, Texas, its successors and
assigns (hereinafter called "Grantee"), a temporary easement for
storm sewer drainage purposes, upon, over, through and ac;oss that 1.
certain real property, being two (2) tracts or parcels of land
containing an aggregate of 43.076 acres of land in Denton County,
Texas [said two (2) tracts hereinafter individually referred to by
tract number and together called the "Property"), being more
particularly described by metes and bounds on Exhibit "A" attached
hereto and made a part hereof for all purposes.
THE temporary storm sewer d:air,age easement herein
granted (hereinafter called the "Easement 't'ract") is an easement
of varying width, and having a variable depth, situateA along and
adjacent the entire southeast boundary line of Tract One (1) and a
portion of the east boundary line of 4ract One, the boundaries of
said Easement Tract being more particularly described on Exhibit
"B" attached hereto and made a part hereof for all purposes, and
said temporary storm sewer drainage easement being granted for the
purpose of removal of stormwater runoff from the Property and
surrounding acreage for ultimate conduction to a tributary of
Pecan Creek, by means of a storm sewer channel inatall,4d, ex-
cavated, constructed and maintained within the Easement Tract, and
0049 rm 173
' vo~1046, F~~174
said temporary storm sewer drainage easement may be used for such
purposes upon, over, through and across the Easement Tract.
IN ADDITION THERETO, and for the same consideration
recited above, Grantor does GRANT, SELL and CONVEY unto Grantee a
temporary easement for construction purposes, in connection with
the initial installation, excavation, digging or construction of
the temporary storm sewer drainage channel to be constructed
within the herein described Easement Tract, for the purpose of
permitting Grantee, its agents, officers, servants, employees,
contractors, successors and assigns to enter upon the hereinafter
described temporary construction easement tract and to use the
same for the temporary storage of materials, equipment and
supplies necessary for construction of said channel. Said
temporary construction easement tract is a portion or parcel out
of Tract One thirty (30) feet wide, running along and adjacent the
entire length of the Easement Tract, as depicted by the double
crosshatched area on Exhibit "B" attached hereto.
IT IS UNDERSTOOD AND AGREED that the duration of the
temporary construction easement described in the immediately
preceding paragraph shall be six (6) months from the date of
execution hereof, and that said temporary construction el,sement
rights shall terminate at the end of said si.t (6) month period
unless said period shall be extended by the Grantor hereof by
written instrument.
THE herein described temporary storm sewer drainage
easement shall continue until the first of any one of the
following events shall occur:
1. The City of Denton, or the appropriate agency
or subdivision thereof, shall accept and
approve a permanent storm sewer drainage
system for the Property= or
2. The temporary storm sewer drainage easement
granted hereby is ever discontinued for the
purposes herein stated.
UPON tte occurrence of either of the above listed
events, all rights, titles and interests of Grantee in and to the
Easement Tract shall revert to the then owners of the Property.
-2-
GRANTEE further covenants and agrees, by its acceptance
of the herein described easements and the exercise of the rights
herein granted, that upon the occurrence of either of the above
listed events so Lerminjtlny t.-.is temporary storm sewer drainage
easement, Grantee shall execute a document in recordable form,
upon presentation thereof by Grantor, indicating termination of
all rights, title, easements and interests granted herein and
hereby.
TO HAVE AND TO HOLD the above described temporary storm
sewer drainage easement for said purposes together with all the
rights and appurtenances thereto in anywise belonging unto Grantee
herein, its successors and assigns, for the period of time herein
stated and subject to the conditions hereinafter stated, and
Grantor does hereby bind itself, its successors and assigns, to
WARRANT AND DEFEND all and singular the said premises unto the
said Grantee, its successors and assigns, against every person
whomsoever lawfully claiming or to claim the same or any part
thereof by, tt;rough or under Grantor, but not otherwise.
IT IS EXPRESSLY STIPULATED, however, (l) that Grantor
shall not incur or be liable for any charge, cost or expense
related to the installation, excavation, digging, construction,
reexcavation, grading, cleaning or maintenance of any storm sewer
channel constructed within the Easement Tracts (2) that Grantor
shall not incur or be liable for any charge, cost or expense
related to the temporary relocation of any fence, utility line or
related facilities situated on the Property for the purpose of
installing, excavating, digging, constructing, reexcavatiog,
grading, cleaning or maintaining any storm sewer channel con-
structed within the Easement Tracts and (3) that Grantor shall
have no obligation to remove or relocate any fence, utility line
or related facilities in order to facilitate installation, exca-
vation, digging, construction, reexcavation, grading, cleaning or
maintenance of any storm sewer channel constructed within the
Easement Tract, and Grantee, its agents, officers, employees,
va1046' ruE 175
-3- i
vo(1046 ~~cE 176
contractors, successor: and assigns, shall have no right to remove
or relocate said fences, utility lines or related facilities
without first notifying Grantor and the party designated
"Mortgagee" herein in writing, at the addresses hereinafter
provided, of Grantee's intent to so temporarily remove or relocate
said fences, utility lines or related facilities, at least five
(5) days Prior to said temporary removal or relocation, and said
written notice to specify Grantee's timetable for re9toring and
reestablishing the integrity of any fence line of the Property
temporarily removed or relocated and any utility or related
facilities temporarily relocated or interrupted.
BY ACCEPTANCE of this grant and utilization of any
rights granted hereby, Grantee agrees that It will not do any act,
or fail to do any act, that will be detrimental or create a hazard
to the surface of the Property located adjacent the Easement Tract
or to the use thereof; and Grantee further agrees that if, curing
the performance of any of the work done in connection frith the
herein described temporary storm sewer drainage easement
(including, without limitation, the installation, excavation,
digging, construction, reexcavation, grading, cleaning or mainte-
nance of the storm sewer drainage channel constructed within the
Easement Tract), Grantee shall damage in any way the surface of
the Property adjacent the Easement Tract, or fences, structures or
utilikv lines or facilities located on the Property, Grantee, at
Grantee's sole expense, shall restore said surface so damaged, or
said fences, structures or utility lines or facilities so damaged,
to the same condition in which said surface, fences, structures or
utility lines or facililties existed before such work was
uAertaken.
GRANTEE further acknowledges notice from Grantor that
the Property is presently used for the grazing of cattle, said
cattle being the property of the party designated "Mortgagee"
herein. By acceptance of this grant and utilization of any rights
granted hereby, Grantee agrees that it will not do any act, or
-4-
fail to do any act, that will injure or cause injury to said
cattle (either directly or by allowing said cattla to escape from
the Property as a result of the temporary or permanent removal or
relocation of fences located on the Property).
BY ACCEPTANCE of this Grant and utilization of any
rights granted hereby, Grantee further agrees that (1) Grantee,
its successors and assigns, shall beer all charges, costs or
expenses associated with the installation, excavation, digging,
construction, reexcavation, grading, cleaning or maintenance of
the storm sewer channel constructed within the Easement Tract= (2)
any such channel constructed shall be constructed and maintained
in accordance with any and all applicable statutes, ordinances,
regulations, directives and specifications of the City of Denton
or other governmental entity having juridiction thereovert (3)
Grantee will indemnify and hold Grantor harmless against any and
all claims, suits, costs or liabilities arising from any injuries
or damages suffered by any person or property as a result of the
negligence, gross negligence or wilful misconduct of Grantee, its
agents, officers, servants, employees or contractors, and arising
from or out of the installation, excavation, digging, construc-
tion, reexcavat!.on, grading, cleaning or maintenance, of the
temporary storm sewer drainage channel constructed within the
Easement Tracts and (4) Grantee will indemnify and hold Grantor
harmless against any and all claims, suits, costs or liabilities
arising from any injuries or damages suffered by any property
situated downstream of the Property (that is, any property situ-
ated between the Property and Pecan Creek) as a result of the
storm sewer waters introduced onto the Property and flowing
through the channel constructed within the Easement Tract.
THIS CONVEYANCE is made expressly subject to each and
every, all and singular the valid and subsisting restrictlons,
liens, conditions, exceptions, mineral and/or roya:.ty reservations
and covenants of whatsoever nature of record, if any, and also the
laws, regulations, ordinances and statutes of municipal or other
va1046 kAa177
- S-
•
voL1018 rare 178
governmental authorities, if any, applicable to and enforceable
against the Easement Tract.
THE NOTICE provided for in this temporary storm sewer
drainage easement must be in writing,, and may be given or be
served by depositing the same in the United States Mail, postpaid
and registered or certified, and addressed to the party to be
notified, with receipt requested, or by delivering the same to an
officer or agent of the party to be notified, or by postpaid
telegram, when appropriate, addressed to th+r party to be notified.
Notice deposited in the mail in the manner hereinabove described
shall be effective from and after the date of delivery shown on
the postal return receipt; any alternate form of notice shall be
effective only upon actual receipt by the party to be notified.
For purposes of said notice, the addresses of the parties, until
changed as hereinafter provided, shall be as followas
Grantors Denton Industrial Partners
.lam
Attns
Mortgagee: Joseph C. and Ethel Lee Miller
?Zoo 1~
D/ , ,I C-' J rr r5
Grantee: The City of Denton
e artment
However, any party shall have the right, from time to
time, to change their address, and shall have the right to specify
as their address any other address within the United States of
America by providing at least five (5) days written notice of such
change to the other parties.
-6-
THIS temporary storm sewer drainage easement, and the
lights and interests herein granted and c,:nveyed, shall be or no
force and effect unless and until it shall have been executed by
Grantor, Mortgagee and Adjacent Owner (as hereinafter designated),
and duly recorded in the appropriate real property records of
Denton County, Texas.
EXECUTED this ' day of 11) ' l ry" , 1980.
DENTON INDUSTRIAL PARTNERS, a
Texas limited partnership
J E KILL N R,
get partner
BY: "o'e ~lv~r 1 1
BRUCE J. HOWARD, JR.
general partner
THE STATE OF TEXAS S
S
COUNTY OF U.,, g
BEFORE ME, the undersigned, a Notary Public in and for
aid County and State, on this day personally appeared
K~ .4 , a general partner of DENTON INDUSTRIAL
a Axes mated partnership, known to me to be the
person whose name is subscribed to the foregoing instrument and
acknowledged to me that the same was the act of the said
DENTON INDUSTRIAL PARTNERS, and that he executed the same as the
act 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 the W-q?-Ay of
. . , 1980.
Notary Public in an for
County, T E X A S
'/JMyt'C% nia9,on Expires:
,v..p MaNAT7
Nary Y Ut for
Gounti. 7ry._,
TH', STATE OF TEXAS S
S
COUNTY OF PAR,RIS S
BEFORE ME, the undersigned, a Notary Public in and for
said County and State, on this day personally appeared
Bruce J:HotwKhd,Tr. , a general partner of DENTON INDUSTRIAL
PARTNERS? a 'Texas 'limited partnership, known to me to be the
.7-
VOL1046 PAGE 180
person whose name is subscribed to the foregoing instrument and
acknowledged to me that the same was the act of the said DENTON
INDUSTRIAL PARTNERS, and that he executed the same as the act of
such corporation for the purposes and consideration therein
expreAse9, and in the capacity therein strted.
....EH UNV R M_ BAND AND SEAL OF O_F R h_hir thyo
Sc' P T C ~1 c rL_ , 1980. F \G i
Notary Public in and''lor
rirtkI-' County, 'T.'rE X A' S
My Commission Expires: RIckARf) N, MART JfJ
h
App--r 'f '°f!`~~`
i
-8-
i
JOINDER OF MORTGAGEE
JOSEPH C. MILLER and wife, ETHEL LEE MILLER (herein to-
gether referred to as "Mortgagee"), being the owners and holders
of a Vendor's Lien and Deed of Trust Lien covering the Property
described on Exhibit "A" to this temporary storm sewer drainage
easement, as evidenced by that certain general Warranty Deed dated
July 28, 1972, executed by Mortgagee, filed for record in the
Office of the County Clerk of Denton County, Texas, and recorded
in Volume 652, Page 67 of the Deed Records of Denton County,
Texas, and that certain Deed of Trust of even date therewith to
Robert Caldwell, Trustee, for the benefit of Mortgagee, filed for
record in the Office of the County Clerk of Dentin County, Texas,
and recorded in the Deed of Trust Records of Denton County, Texas,
has joined in the execution hereof to evidence Mortgagee's
knowledge of and consent to the herein granted temporary easement.
J S PH MILL R
TTT
ETHEL LE MILLER
N, '.I ~ IIU•I
"MORTGAGEE" dr
e
THE STATE OF TEXAS §
1 0-,
COUNTY OF §
+
'
ti0
BEFORE ME, the undersigned authority, on this day personally k~
appeared JOSEPH C. MILLER, and wife, ETHEL LEE MILLER, known to me
to be the persons whose names are subscribed to the foregoing
instrument, and acknowledged to me that they executed the same for
the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this X day of
August, 1980.
No ry Pu c in and for
County, T E X A S
My Commission Expirest
_ 30-.0P/ V01018 Q,181
JOINDER OF ADJACENT Von NS YA6E 182
DOWNSTREAM PROPERTY OWNER
Gpr~o S. :1
FARINA (herein referred to as "Adjacent
Owner"), being the record owner of the tract or parcel of land
immediately northeast of, downstream from and adjacent the
Property described on Exhibit "A" attached to this temporary storm
sewer drainage easement, has joined in the execution hereof to
evidence Adjacent Owner's knowledge of the herein described
temporary easement, and Adjacent Owner hereby consents to the
introduction onto and passage over Adjacent Owner's adjacent
property of the storm sewer drainage waters flowing through the
storm sewer drainage channel to be constructed in the herein
described Easement Trazt.
f . c FARINA 1P
"ADJACENT OWNER"
THE STATE OF TEXAS S
COUNTY OF 41' yA~A S
=%S
.•:ME, the undersigned authority, on this day personally
a;neare -'«.rt, known to me to be the person whose name
r is~9 44.Z, to t e oregoing instrument, and acknowledged to me
4hat"he.,e`xecuted the same for the purposes and consideration
the~ein.'xp'`ssed.
Z; 'G VEN.;,UNDSR MY HAND AND SEAL OF OFFICE this day of
f,'i. 118 0 .
Not`ayy Pudic n arid for
era Eit~ County, T E X A G
My Commission Expiress
EXHIBIT "A"
TO
,s TEMPORARY STORM SEER
DRAINAGE EASEMEN'i
All that ;ert&in !rant or patcel ui land situated in the
Mary Austin Survey, Abstract 4, and the J. S. Taft
Survey, Abstract 1256, Denton County, Texas, and being
part of an 87.5 acre tract deeded by R. C. Miller, et
ux, to L. W. Carter, et ux, recorded in Volume 298, Page
586, Deed Records and being more particularly described
in 2 tracts as follows:
TRACT ONE:
BEGINNING at an old fence corner in the North boundary
line of a public road, said point being the North,iest
corner of a 4.20 acre tract deeded by A. C. Rayzor, et
ux, to H. Green, recorded in Volume 150, Page 415, Deed
Records and the Ncrtheast corner of a 2.2 acre tract
deeded by J. H. Sublet, et uAj to H. Green, recorded in
Volume 190, Page 246, Deed Records of said County;
THENCE N. 890 21' 30" E. with a fence 648.84 feet to a
steel pin in a fence;
THENCE S. 011 31' W. crossing said road and the South
Boundary line of said Mary Austin Survey, which is the
North boundary line of said Taft Survey, a total
distance of 428.63 feet to a steel pint
THENCE S. 890 29' E.. 389.0 feet to a steel pin In a
fence on the East line of said 87.5 acre tract;
THENCE S. 00 31' W. with a fence and the East line of
said 87.5 acre tract 1259.17 feet to a right-of-way
monument at a fence corner on the North line of State
Highway 288;
THENCE S. 614 16' 20" W. with a fence and said right-of-
way 338.83 feet to a right-of-way monument at a fence
corner on the East right-of-way of M-K-T Railroad;
THENCE le 404 25' W. with a fence on said railroad
right-of-way 2103.32 feet to a railroad rail at a fence
corner on the West boundary line of said Taft Survey;
THENCE N. 00 55' W. with a fence on said Survey line and
recrossing the line between said Taft and Austin
Surveys, a total distance of 314,09 feet to a fence
corner on the South line of a public road;
THENCE 8, 520 03' 30" E. with a fence and the South line
of said road 72.57 feet to an angle in said fence;
THENCE N, 880 26' E. crossing said road at an angle
586.6 feet to the place of beginning containing in all
42.819 acres of land.
vo,JO40 VALE 183
Page 1 of 2 Pages
p
TRACT Two: vot1046 PAGE 184
BEGINNING at a fence corner at the intersection of the
Northeast right-of-way line of the M-K-T Railroad and
the South right-of-way line of Texas State Highway 2881
THENCE N. 630 42' 50" E. with said fence on said Hiyhwar
right-of-way 142.8 feet to a steel pin at a fence
corner;
THENCE S. 00 54' 50" W. with a fence 176.36 feet to a
fence corner on the East line of said Railroad right-of-
waY1
THENCE N. 470 54' 40" W. with a fence 168.73 feet to the
place of beginning, containing in all 0.257 acre of
land.
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Page 2 of 2 Pages.
• COUNT']' (:1.1
W:'S A1F.S14 1egi11iUly o[ EXHIBIT "B"
writing, I}ping or printing
IiNS.3JJSFAC1'URY
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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
situater' in Denton County, Texas, hereinafter called "City",
acting herein by and through its City Manager, and Larry Davis,
hereinafter called Contractor, hereby mutually agree as follows:
1. SERVICES TO BE PERFORMED: City hereby retains
Contractor to perform the hereinafter designated services and
Contractor agrees to perform the following services:
A. Turn the lights on during the fall softball
league at dusk and off at 11:00 P.M, each night
five (5) days a week at six (6) baseball/
softball fields in Evers, Denia and Mack Parks
in the City of Denton, Texas.
B. Delivering and collecting football equipment
for youth football games and turning lights on
as necessary. Schedules will be worked out
between the City and the Contractor.
2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay
Contractor for the services performed hereunder as follows:
A. Amount of Payment for Services:
Ter Dollars ($10.00) for each day to be paid
weekly upon invoice showing all work completed
to date of invoice.
3. SUPERVISION AND CONTROL BY CITY: It in 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 supervision and
cJntrol 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.
A. 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 Audgpt of the City .,f
Denton.
5. INSURANCE: Contractor shall provide at his own cost,
and expense workmen's compensation insurance, liability
insurance, and all other insurance necessary to protect
Contractor in the operation of Contractor's business,
6. CANCELLATION_ City reserves the right to cancel this
Agreement at any time if services are not being performed,
7. TERM OF CONTRACT: This Agreement shall commence on the
15th day of September, 1980, and end on the 31st day of
December, 1980.
EXECUTED the this day of September, 1980.
CITY OF DENTON, T XAS
By
G. iRI AR Ci
CITY MANAGER
LARRY DAMS, CONTR R
ATTES
OOKS HOLT, CITY SECRETARY
149
CITY OF DENTON? TEXAS
APPROVED AS TO LEGAL FORM
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON? TEXAS
BYs Z~)
That Paul Leslie, is hereby designated as the person to
administer the provision of this a Bement ,
DATE ITY GER r
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Kn OATH OF OFFICE
1 P r V N /`7 Y N4 rc; -LiJg❑ g e , do solemnly
swear (or affirm) that 1 win faithfully execute th duties of the office
of , y,,t /Z'~ of the City of Denton, Texas,
and will to the best of my ability preserve, protect and defend the
Constitution and law:; of the United Vtates rin8 of this State rind the
Charter and Ordinances of this Ciy.
A
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Subscribed jtd s 'u i to before me the 101,1e3. , 1 ned on this the
day of A.U. 19 n . To certify which
witness rid and seal of office.
r
/COPY SECRWARY
/CITY OF DENTOY, TMAS
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X.
INDEFENDENT CONTRACTOR'S AGREEMENT
THE STATE OF TEXAS (
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON )
'the City of DItk cii, Texas, a Mw1iG'ipol Home Rule City
situated in Denton County, Texas, hereinafter called "City",
acting herein by and through its City Manager, and Cengiz
Capan, 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. Utility Billing Maintenance.
B. EOY Taxes. 1
C. EOY Payroll.
2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay
Contractor for the services performed hereunder as follows:
A. Amount of Payments for Services:
Twenty-Five Dollars ($25.00) per hour.
B. Dates of Payments:
One week after the services are performed.
3. SUPERVISION AND CONTROL BY CITY: It is mutually
understood and agreed by and between City and Contractor that
Contractor is an i,ndependent 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 supervision and
control of Contractor or any employee of Contractor, but it is
expressly understood that Contractor shall perform the services
hereunder at the direction of and to the satisfaction of the
City !tanager of the City of Denton or his designee under this
agreement.
4. SOURCE OF FUNDS All payments to Contractor under this
agreement are to be paid by the City from funds appropriated by
1
.
.
1 1 1
the City Council for such purposes in the Budget of the City of
Denton.
5. SERVICES AND SUPPLIES TO NE FURNISHED BY CITYs City
agrees to furnish to Contractor the following services and/or
suppiies:
1. Computer Time.
2. Terminal to use.
3. Documentation of the Systems.
i
6. INSURANCE: Contractor shall provide at his own cost
and expense workmen's compensation insurance, liability
insurance, and all other insurance necessary to protect
Contractor in the operation of Contractor's business.
7. CANCELLATION: City reserves the right to cancel this
Agreement at any time by giving Contractor thirty (30) days
written notice of its intention to cancel this Agreement.
8. TERM OF CONTRACT: This Agreement shall commence on the
19th day of September, 1980, and end after one hundred and
fifteen (115) hours.
nr /
EXECUTED the this day of 1980.
CITY OF DENTON, TEXAS
BYs
G. CHRIS HARTUNG,
CITY MANAGER
A "TRST s
CI SECRETARY
APPROVED AS TO LEGAL FORMs
C. J. TAYLOR, JR., CITY ATTORNEY
BYs
CONTRA TORS
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CENGI?/C A
That D. B. Smit;:. Jr., is hereby designated as the person
to aftinist%r the provision of this agreement.
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CITY MANAGER
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R E S O L U T I O N
WHEREAS, the City of Denton finds it nece:.a~.ry tu punAaee
a cer-ain tract of land located in the City of Denton, Texas,
and more fully described below; and
WHEREAS, the City Council of the City of Denton is or' the
opinion that the best interest and welfare of the public will
be served by the purchase of the parcel of real estate
described below; and
WHEREAS, the City of Denton and owner of said parcel,
Dora Lee Reese agree that a consideration of $2,400.00 is a
fair and agreed value of such described property;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DENTON, TEXAS, THAT:
1. The City Attorney is hereby authorized to prepare
whatever legal documents are necessary to complete the transfer
of property so described below from the owner thereof to the
State of Texas:
Being 0.578 of an acre of land, more or less, of which 0.179 of
an acre is located in a public road (Kings Row), situated in
the Daniel D. Culp Survey, Abstract No. 287, out of a 16.4 acre
tract of land conveyed to Dora Lee Reese by Deed dated April
14, 1965 recorded in Volume 522, Page 221, Deed Records of
Denton County, Texas; said 0.578 of an acre of land being more
particularly described by metes and bounds as follows:
BEGINNING at a point in the southwest corner of the 16.4 acre
tract said point is in the centerline of Kings Raw Road and
being south 870 52' 10" east a distance of 999.28 feet from
northeast corner of J. A. Frates 15 acre tract recorded in
Volume 917, Page 16, Deed Records of Denton County, Texas;
THENCE north 040 04' 35" east along the west boundary line of
16.4 acre tract for a distance of 167.51 feet to a point;
THENCE north 030 14' 58" east along said west boundary line
for a distance of 39.01 feet to a point in the proposed
northeast right of way line of Loop 288;
THENCE south 470 20' 16" east with said proposed right of way
lire for a distance of 279.15 feet to a point;
THENCE south 020 07' 50" eaat for a distance of 25.07 feet to
a point in the centerline of Kings Row Road;
THENCE. north 870 52' 10" west with the centerline of said
road a distance of 220.48 feet to the place of beginning.
2. The City of Denton is her,.hy further authorized to pay
Do'.a Lee Reese as owner of said described property,
consideration in the amount of $2,400.00 purchase price, plus
n(.cessary and reasonable recording fees.
3. Thlo 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 kee- ,
1980.
i
RICHARD LI ER_R
MAYOR PRO-TER
CITY OF DENTON, TEXAS
ATTES /
C
BROOKS HOLT, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY: C
MY OF DENTON
MAYOR & CITY COUNCIL COMMUNICATION
DATE: September 23, 1980
SUBJECT: Real Property Acquisition
It is recommended that the City Co 1 authorize the purchase
of real property (as described for the purpose of
constructing essential public improvem 0"C %
NAME OF PROJECT: Loop 288
TYPE OF ACQUISITION: General Warranty Deers
DESCRIPTION OF
LAND/LOCATION: Northeast corner of Kings Row & Loop 288
S.MRRXRIi VACRES: 0.399
OWNER(S): Dora Lee Reese
Negotiations have taken place with the owner(s) and owner(s)
have accepted the appraisal. of the fair market value, as
provided by the State Department of Highway and Public
Transportation, for an amount of $2,400.00 _
The City of Denton is required to pay recording fees and the
State of Texas will pay the remainder of the closing costs.
ACTION NEEDED: Approve Resolution purchasing the above
described property after reconvening into
open session.
Rog N. Wilkinson
Rignt of Way Negotiator
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R E S O L U T I O N
WHEREAS, the Cites of Denton finds it necessary to purchase
a certain tract of lanca located in the City of Denton? Texas,
and more fully described below; and
WHEREAS, the City Council of the City of Denton is of the
opinion that the best interest and welfare of the public will
be served by the purchase of the parcel of real estate
described below; and
WHEREAS, the City of Denton and owner of said parcel,
Fred H. Peterson and wife, Alice H, Peterson agree that a
consideration of $47,996.00 is a fair and agreed value of such
described property;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DENTON, TEXAS, THAT:
1. The City Attorney is hereby authorized to prepare
whatever legal documents are necessary to complete the transfer
of property so described below from the owner thereof to the
State of Texas:
Being 23,326 square feet of land, more or less, out of and part
of a 1.570 acre tract in the R. B. Longbottom Survey, Abstract
No. 775, that was conveyed by deed from Ralph W. Higgins and
wife, Marie M. Higgins to Fred H. Peterson and wife, Alice H.
Peterson dated February 15, 1978 recorded in Volume 875, Page
579, Deed Records of Denton County, Texas; said 23,326 square
feet of land, more or less, being more particularly described
by metes and bounds as follows:
BEGINNING at the point of intersection of the proposed west
right of way line of Loop 288 with the south boundary line of
said 1.570 acre tract, said point being south 880 48' 46"
east a distance of 330.68 feet from southewst corner thereof;
THENCE north 010 40' 41" east along the said proposed right
of way line for a distance of 135.24 feet to a point in the
north boundary line of said 1.570 acre tract;
THENCE south 880 35' 12" east along said boundary line for a
distance of 171.87 feet to a point in the existing west right
of way line of Loop 288;
THENCE south 000 47' 48" west along the said existing riqht
of way line for a distance of 134.56 feet to a point in the
south boundary line of said 1.570 acre tract;
THENCE north 880 48' 46" west with said boundary line for a
distance of 173.94 feet to the place of beginning.
2. The City of Denton is hereby further authorized to pay
Fred H. Peterson and wife, Alice H. Peterson as owner of said
described property, consideration in the amount of $47,996.00
purchase price, plus necessary and reasonable recording fees.
3. This Resolution shall take effect immediately from and
after its passage and approval in accordance with the
provisions of the Denton City Charter.
I
PASSED AND APPROVED this the day of ,
1980.
RICHARD TA IA' RR
MAYOR PRO-TE
CITY OF DENTON, TEXAS
ATTEST:
I / LZ z eto.~,~
BROOKS HOLT, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITt OF DENTON, TEXAS
BY:
i
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CITY OF DENTON
MAYOR & CITY COUNCIL COMMUNICATION
DATE: September 33, 1980
SUBJECT: Real Property Acquisition
It is recommended that the City Council authorize the purchase
of real property (as described below) for the purpose of
constructing essential public improvements.
NAME OF PROJECT: Loop 288
TYPE OF ACQUISITION: General Warranty Deed
DESCRIPTION OF
LAND/LOCATION: US 380 9- Loop 288 (South of the S.W.C.)
SQUARE FEET/AOROM 23,326
OWNER(S): Fred H. Peterson and wire, Alice It. Peterson
Negotiations have taken place with the owner(s) and owner(s)
have accepted the appraisal of the fair market value, as
provided by the State Department of Highway and Public
Transportation, for an amount of $47,996.00 _
The City of Denton is required to pay recirding fees and tho
Mate of Texas will pay the remainder of the closing costs.
ACTION NEEDED: Approve Resolution purchasing the above
described property after reconvening into
open session.
llW~
R09 rW. Wilkinson
Right of Wny 'IeRotiator
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R E S O L U T I O N
WHEREAS, the City of Denton finds it necessary to purchase
a certain tract of land located in the City of Denton, Texas,
and more fully described he'_orr :r.d
WHEREAS, the City Council of the City of Denton is of the
opinion that the best interest and welfare of the public will
be served by the purchase of the parcel of real estate
described below; and
WHEREAS, the City of Denton and owner of said parcel, Fred
H. Peterson and Sam H. Peterson agree that a consideration of
$13,900.00 is a fair and agreed value of such described
property;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DENTON, TEXAS, THAT:
1. The City Attorney is hereby authorized to prepare
whatever legal documents are necessary to complete the transfer
of property so described below from the owner thereof to the
State of Texas:
Being 17,377 square feet of land, more or less, situated in the
R. B. Longbottom Survey, Abstract No. 775, Denton County,
Texas, anO being out of and a part of a 1.159 acre tract of
land, more or less, conveyed to Fred H. Peterson, Jr. and Sam
H. Peterson by deed dated December 200 1978 and recorded in
Volume 929, Page 553, Deed Records of said Coljnty; said 17,377
square feet of land being more particularly described by metes
and bounds as follows:
COMMENCING at the northwest corner of said Peterson 1.159 acre
tract;
THENCE south 880 48' 46" east a distance of 504.62 feet to a
point for a corner in the west right of way line of S.H. Loop
288 and the point of beginning;
THENCE south 000 47' 48" west along the existing right of way
line of S.H. Loop 288 a distance of 100.0 feet to a point for a
corner;
THENCE north 880 48' 42" west along the south line of said
Peterson tract a distance of 169.46 feet to a point for a
corner;
THENCE north 090 16' 33" west along the nqw right of way line
of S. H. Loop 288 a distance of 31.57 feet to a point for a
corner;
THENCE north 010 40' 41" east .n distance of 68.95 feet to a
point for a corner in the north line of said Peterson tract;
THENCE south 880 48' 46" east along the north line of said
Peterson tract a distance of 173.94 feet to the point of
beginning.
2. The City of Denton is hereby further authorized to pay
Fred H. Peterson and Sam H. Peterson as owner of said described
property, consideration in the amount of $13,900.00 purchase
price, plus necessary and reasonable recording fees.
3. This Resolution shall take effect immediately from and
after its passage and approval in accordance with the
provisions of the Denton City Charter.
i
All •
PASSED AND APPROVED this the z3fAl day of
~,Q~
1980. Y
RICHARD TAL 'F ER 0
MAYOR PRO-TEM
CITY OF DENTON, TEXAS
ATTEST:
C
KS HOLT, T SECRETARY
CITY OF DENTO:. TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY: 7
CITY OF DENTON
MAYOR f, CITY COUNCIL COMMUNICATION
y
DATE: September 23, 1980
SUBJECT: Real Property Acquisition
It is recommended that the City Council authorize the purchase
of real property (as described below) for the purpose of
constructing essential public improvements.
NAME OF PROJECT: Loop 288
TYPE OF ACQUISITION: General Warranty Deed
DESCRIPTION OF
LAND/LOCATION: US 380 and Loop 288 (South of the S.N.C.)
SQUARE FEET/14E1tES: 17,377
OWNER(S): Fred It. Peterson & Sam 11. Peterson
Negotiations have taken place with the owner(s) and owner(s)
have accepted the appraisal of the fair market value, as
provided by the State Department of Highway and Public
Transportation, for an amount of $13,900.00
The City of Denton is required to pay recording fees and the
State of Texas will pay the remainder of the closing costs.
ACTION NEEDED: Approve Resolution purchasing the above
described property after reconvening into
open session..
?10 Lo
RogovON Wilkinson
Right of Way Negotiator
4
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R E S O L U T I O tJ
WHEREAS, the City of Denton finds it necessary to purchase
a certain tract. of land located in the City of Denton, Texas,
and more fully described below; and
WHEREAS, the City Council of the City of Denton is of the
opinion that the best interest and welfare of the public wi11
be served by the purchase of the parcel of real estate
described below; and
WHEREAS, the City of Denton and owner of said parcel, David
Mulkey, agree that a consideration of $6,435.00 is a fair and
agreed value of such described property;
NOW, THEREFORE, BE IT RESOLVED BY rHE CITY COUNCIL OF THE
CITY OF DENTON, TEXAS, THAT:
1, The City Attorney is hereby authorised to prepare
whatever legal documents are recFssarv to complete the transfer
of property so described below from the ow,o) thereof to the
City of Denton:
TRACT IL. All that certain 0.561 acre tract or parcel of land
situated in the J. Brock Survey, Ahstrac t Jo. I ~ , Denton
County, Texas; said tract he ing tract prci,p1or; on the rlrnund as
staked by the City of Denton, Tr,< s; and heinq Fnnre
particularly described as follows:
BEGINNING for the northrnst corner of tho tr,lrt I,-!r,r) 'ioscrif)nA
herein at a point south 890 19' 10" west 54,7 fort in+i meth
200 55' 20" west 302.1 feet from the nnrth(,,11t rnrner of nn
18.02 acre tract deeded to David tlulkey 1)r Nrlvrrrhr,r 11, 195;
THENCE south 200 55 70 west 1,5 f~r,t In print fr;r ,
corner;
THENCE north 890 5?' 50" west 29.3 f'~nt Ln thr~ i,r,riinninri ref a
curve to the left whose rariius is 150,1) reot
THENCE with said curve whose r.entr11 1nr1lr is 31'1 pfl' S0"
length of 244.35 feet to t h o anri of said clrv";
THENCE south 590 DO' ?0" west 47.(1 feat 1n the, hcr_linninrl of a
curve to the right whose radius is f,?r) ff,ot;
THENCE with said curve whon - o ccr1,T 11 inr)le i; 3n" 1
length of 71.53 feet to I pr)int en tho F1 P h ri)hI of 'v 1y of
Paisley Street;
THENCE south 880 51 30 ryith the nnrtll rir)ht. of e~,ly of
Said street '?.14.7 fr,eL Lo a pn r for n r ornr'r';
THENCE in a nurthnastrrIy dirrr.tinn it11 a cnrvr, to thrfr,ft
whose radius is 575.0 feat Irl I .1 rrntr,ll anrtlri; ro q'
distance of 766.6 frr,t to thr- r'n'I of i I r~lrv~;
THENCE north 59r' 00' 70" n,~st 47.'1 f",I ter the I,iill'ltnrr 1)t
CU1'Ye to the' rl lilt. 141hr150 1'+lrli!IS 7 riMCI f,r-1 snit rr,rlt.r'11 lnrllr'
is 31o Or, 50" t lengtFr r) f ?11fret to Ills f rlrI of Mid
curve;
THENCE south 870 57' S0" ca:t. 1fl I1) il!'~ pni~11 1f
herlinnirrg.
TRACT III. All that certain 0.601 acre tract or parcel of land
s.i uat'eT in the J. Brock Survey, Abstract No. 15, Denton
r'o :nt.,, -Tex: s; sa id tract bei-,g p art ;f ar) 18.02 acre tract
shown by deed to David Mulkey dated November IT, 1959 and being
more particularly described as follows:
BEGINNING for the northeast corner of the tract being descrihed
herein south 890 49' 40" west 54.7 feet and south 200 55
20" west 355.6 feet from the nor theast corner of an 18,02 acre;
THENCE south 200 55 20" west 123.9 feet to a point for a
corner;
THENCE south 880 5i' 30" west 322.2 feat to a point. for a
corner;
THENCE in a northeasterly (I iroc tinn :ith a rirve to the left
whose radius is 625.0 feet and rontral in~11,, is ro ~334"
distance of 71.53 feet to the onri Hf ~,aiI c1)rv";
THENCE north 590 00' 90" east 1 0 foot to th~~ i„~tinninq of a
curve to the right;
THENCE with said curve whose rais 40.0 fret ar,i centr.il
angle is 310 06 50" a distance of ?RA.3rr ft to the end of
said curve;
THENCE south 890 52 50" east 99, 3 f~~it t;r- (Hint of
beginning;
2. The City of D e n t n n is hcrrhv F;rtho r 111 thnri~, t,, pay
David Mulkey aS owner 0f seid d SCri prnri.'r-f'/ cnn;iforition
in the amount of 56,435.01 plr'~~ r, r)11 Inv nthi r
necessary and reason air le cn,ts of cI in
3. This Reso1 in ion steal1 tik cff ) r t li it i -ly frrr in f
after its pas age anri ippr•ovil Ircnr,lIll, I with trj
provisions of the Dentnn City Charter,
PASSED AND APPROVED this th lav of jiw~
1980.
7 /IAA
H,1It- D~ "tiiEl1 R ~,{ItYf~R
CITY OF f1E"1Tn.y TEXAS
ATTEST-
B5 1 M1.T, C1TY SECRETARY
CITY OF 1) ENT1) N, TEXAS
APPR0VFI) A', TO t.EGAI_ FORM:
fAYi_OFI, JR., CITY ATTORNEY
CITY OF 1) ENTON, TFxAs
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CIO)
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON,
TEXAS:
SECTION I_
The Mayor Pro-Tem be, and he is hereby authorised and
directed to execute on behalf of the City of Denton a pipeline
license agreement dated October it 19800 between the
Missouri-Kansas-Texas Railroad Company and the City of Denton,
Texas (File T-18753, Engineering Drawing B-4604, dateu March
23, 1980, revised September 19, 1980).
SECTION II.
The City of Denton shall be reimbursed for all costs of
this agreement by the developer of the adjoining property.
SECTION III._
This resolution shall become effective from and after its
date of passage. LJ
PASSED AND APPROVED this the 23jtd day of Sn,~twf ~Je
1980. `Y
RICHARD TAf,2 RRO
MAYOR PRO-TEM
CITY OF DENTON, TEXAS
ATTEST:
B 0 CS HOLT, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY
room 179
Ray 11 77
PIPE LINE' LICENSE
THIS AGREEMENT No. R+ade this_lst slay of _ October 19 80
between the NIISSOURI-KANSAS-TEXAS RAILROAD COMPANY. hereinafter called "Licensor", and
CITY OF DENTON,'TEXAS.
hereinafter called "Li-easce".
WITNESSETIL
ARTICLE 1.
1. Term; Th~c agreement shall takeeffeet the date hereof. and unless sooner terminated as provided herein, shall continue
in force so long as used for the purpose herein set out.
2. C'onsiderat!on and Description; In consideration of _.~;TNE THOUSAND_AND h0 1QQ--_----------
(S__9, 000. 00 ) DOLLARS
receipt of sshkh is hereby acknowledged, and of the covenants of Licensceasthereinafter set forth, Licensor hereby grants a license
and permission to Liccmce to construct, reconstruct, use, maintain, operate, repair and Ostall by _open_ cut _ method,
six (6) 58" x 36" x 40' corrugated metal pipe arches to be
used for car in storm dratn~e across or
along Licensors property at or near- Denton in the County of__ Denton _ -and Slatc
of_ Texas For convenience, the said pipe arches are generally referred to as
"Crossing". The location of said Crossing is more particularly described as follows;
All as shown on Lessor's print of Drawing No. B-4604,
Engineering Department, Denison, Texas, dated ?'Barth 23,
1980, last r_vised September 19, 1980, marked Exhibit "A",
attached hereto ano made a part hereof.
3. Subject to the conditions stated in Paragraph 4 below, Licensor agrees to re:nove
its Denton main line track from service anu will pernit Licensee to install the drainage
pipes under its rigLt of vay. Upon completion of the installation of said pipes, Licensor
will replace and retunt its Denton main line track to service.
4. Liceasue expressly covenants and agrees with licensor as follows;
(a) Said six 58" x 36" x 40' drainage pipes shall be installed under Licensor's
ei-operty as shown on the attached Exhibit "A".
(b) Licensee agrees to, concurrently witi: tbs t:%PCUtion of this agreement, advance
to Licensor the sum of 7I1REE THOUSANI' EIGHT HUNDRED SEVENTY AND N01100 ($30870.00) DOLLARS
to cover the estimated cost for Licensor to remove and replace approximately sixty-six
(661) feet of it.s main line track in order for Licensee to install by the open-cut method
the above referred to drainage pipes. In the event the actual cost of Licensor's work to
remove and replace its trackage shall exceed the sum of $3,870.00, Licensee agrees to pay
said additional sum to Licensor within 15 days from receipt of Licenser's bill, In the
event the actual costs are less than $3,870.00, Licensor agrees to refund to Licensee such
excess, provided, however that in no even': will any refund be less than $50.00.
(c) Licensor reserves the right to have its representative(s) on hand at all
times Licensee is on Licenser's property.
(d) Licensee agrees to restore the right of way of Licensor after installation
to a condition satisfactory to Licensoe's Chief Engineer or bis duly arnrl,uria^d re-
presentative. Licensee agrees to finish the slopes
at the ends of said pipes and said slopes shall be seeded or sodded pforeendacrosi n protection.
(e) Licensee agrees to notify Licensor's Roadmaster, W. L. Newton, 55.5 !toss Avenue,
Dallas, Texas 75202, Phone A/C 214-651-6776, at least five (5) days' advance notice of
any work to be performed upon Licensoe's property. Licensor and Licensor alone will
determine the date it will remove its track from service and said date shall, be herein-
after called "cornmencement date".
(f) Licensee agrees to complete said job as it pertains to Licensor's right of way
within three (3) days from the corcnencement date. In the event Licensee
fails to complete its work within the time so prescribed above, Licensee ngrr:es to reimburse
Licensor the sum of SIX IIIFNDRED AND N01100 ($600.00) DOLLARS per day for inch day, or
portion thereof, Licensee exceeds the completion dote set forth above. I.tc?nSOr reserves
the right to double the daily rate from $600.00 to $1,200.00 per day followiTig the 5th
dry Licensee has exceeded its completion date.
(g) All charges assessed to Licensee pursuant to the provisions contained herein
shall include all costs or expenses incurred by Licensor attributable to, or arising out
of the installation of Licensee's drainage pipes, including, but not limited to salaries
to railroad employees assigned to this job, such as inspectors, watchmen, end flaEmen, if
necessary, as Licensor deems necessary to protect its property, lrackn, enpirles, tra'na
and cars, and the operation thereof, as necessary during the installation of Licensee's
drainage pipes on Licensor's property.
Ali7K LE It.
Licensee undertakes and agrees:
L Specifications: TO install said Crossing according to (lie specifications of the Amcriran Kailuay Lnfinecring
Association part 5, Pipelines.'ihe Crossing sha!I be hid and rnAritaincd at the sole cost of I icenscc, and i:t a manner and s+ith
mabcrialsatisfaetoryto Licensor'sChictEngincer,withits lopatlilivcand onc-h;tlf15'/i lfrclhrncathtl,chnscofthersrlundcr
the track, and at least threel3) fc'tbelotcthesurfaceofthegroundelscwhere,soitssrilni it intc0coewithIli e ~ ileoperation ofsaid
railroad or cause damage to Liccn.=.or's property. f
i
2. Present Occupanb To make appropriate :urang.cmcnls with any person or kg,,l entity o,c t; ding the pren:iu•s
affected hereby purlUanttoo lcascara~hcrpcrmissiongramclhvIiccnsor,sotholliceu~e'csaido % lfI0tunleason,rh1N
interfere "Ith the use of the subject property, or create undue hanlship on the person or Icgal cn:ity occ• -line the premises
3.Liabflity:Licensorshallriot be liuhlcfuranyd:nnagctosaid('rossingorthen+r'rrrtsthcrcuf,l:oN wkcrsuchdamagc
.ti Ill he caused, nhether by the negligence of Licensor, its agents, ernplayce:., or olherw'se.
Licensee assumes the risk of,andshallprotcct,indemnify and holdh rnlessLicensorfromanda.a t•tallliahilityfomr
on account ofinjurytoordeathufanyandall personsor damage to property',including drai.nage prci,lras,resuttingfront
or incident to the construction, maintenance, use, operation, relocation, reconstruction orcxislenee of said (i c•n I iccasnr's
premises, or the removal thereof from said premises, or to the restoralion of or failure to rc,lorc said pter:i, s to their prior or
other condition as herein provided, whether such injury, death or damags shall be caused or contribulcd to Ir the negligence of
Licensor, its agents, employees or otherwise, and f.icensec trill protect, indemnify and hold harmless f.tcc s r and any others
legally usiq its right of way, from all claims, demands, suits or actionsgrow ing out of any Ni injury of
r+i,rnds, incluJing
invesligalion costs, court costs, and .{tAOrncys' fees tesuhing nr in any Manner atising from the risks herciri :usurteJ by I iccnsce.
Licensee furlher agrees to immediately m%c:.gig,tle any such claims, dcousnds, or suits and shall defend. scrik%;,nd; or ollu'ns ise
dispose of the same at its sole cost and expense. in the weal Licensee settles any such clainos,t1cmands, or sui:s, it shall oblain a
release which includes Licensor.
I.iccn,wcsh3fl not suffer or susta n because of a any fa r ilu ~tc or I iccn.ior's ciitle rtu rthe hright of w ay and rhrids occupied by saidd0ossing~orranv part
thereof.
.2-
4. 1tafs er:'I o waits all right to question the calitl'Ry cf this License or an) of the Icrns or pmt isions hereof;or the right
or power of I;ieensor•tO c.xccutc and enforce the same. . .
ARl l('LE Ill.
'it is nn,iually ~r,csd by and between the Patties, as follows;
1.(a) Repairs and Relocation: Licensee will at all times maintain the Crossing in
a safe and secure manner, and in a condition satisfactory to licensor, Licensor may request
Licensee to make reasonable repairs as in the judgement of Licensor shall be deemed necessary
to avoid interference with or danger in the use or operation of Licensor's railroad, or any
of its present or future appurtenances, or telegraph, telephone, signal or other lines on
Licensors right of way,
(b) If Licensee shall fail to perform an)' of its nhligalions ( ontainc,) in Ihis ag1ct,tnent to Ill- maintenance of safe
condilionsinandahoutsaid ('rossingnraslothrprotcsti~sr,ofwiles fnanclcclririlinterlc•renccnnl,icvnsnr'spmpcrly'orlomakc
an) neccssarj repair. or to relocate said Crrssinp. then I icensor tnl)' GI use su(ll C0Vj:Ii0T1 M he trade wile, tit change of loca lion
to be made, ur repairs t o he trade, nr ('n sling to hr rem,n cd born I iarnnt's propel Iy. I icons. if acting a s the agent of Licensee,
and map perfunlt such stork as is necessary In the jedgenu'nt of Licensor, and I ie, nscr 11 1, on den and, promptly reimburse
I.iccrsor the whole cost Ihelcor. phrs Icn (lo' i I pc'r cinl 111;ieUn aN a eh:llgo frir r.'I,rl Nino, r!ccoullhr: and Use of tools; or
licensor rim) Ieuoinatc thi, I icense by git by to I iccnsee not Icss thart Ien f lu) days' ad ino written n,dict of its intention so to
do.
2. Terminatior; licensor may tenainnte this licet,se cp,on ten (10) days' written
notice if Licensee fails to keep any of liceuseu's covenarris herein contained and no
reimbursement shall be made for Licensee's expenses incurred in the removal of this crossing
or the consideration paid for this License. No termination or cxi~iration shall affect the
rights and liabilities, if any, of the parties l;creto then rxfsr.lna.
3. Restoration: Upon the termination of this agrcc•rncnt, Liccnsce Ohall promptly
remove said Crossing from Licensor's right of way, ant; restore :rid right of way to its
prior condition, or to a condition satisfactory to Licensor. If Licenree stall fail to
ranlove said Crossing within thirty (30) days after the tet-.4natl,on of this agreement,
Licensor may remove the same, and charre the expense th~•rcfor to the Licensee on the
basis provided in Paragraph 1(b) of Article III.
4. Miserllancous: (a) This I iccnse and a l l of the pros isions herein cuntaircd s f l t t c hlndine upon the partics hereto,
Iheir heirs, c%cculors. adrninislrators. successors;md assigns, ar.d I iom%ec dl:lees Ins pfih m-ticc i,l wrltin^ to l icensorofant
rtanteehanges, LicenseeagrcasnuttnassignthisI icenacnr;l;,) inten:sttliucin,uirll:l IlIctotiserllul I iccas: rintsriling. andan)
and etery such aftelnpted assignmci i without sucti }prior wri!tcm consent sh,11 he %oid and of no cffcu!. In the event of any
assignlnenl. Licensee shallot all lir tes rcnulin Ruth responsihlcand hahlcf, , r}tc p.i nm rn!rdthc rental, ifany.hcrein speeifiedand
for the compliancy of all of its otflcr obllpduors under Ilse tcrins, pro isions, n~ld Colcn~lnls of this I.ICe:ik(!
(b) In thectent real is paid annoutlfs'. I icons 'rclpressl) rckcnesthe t4ht tninclra rlhcahr,serer.Ialratconansxcarly
anuitersorydale oflbislicense hygitingIi(cnscrthin)
I311)dal)~tsrill( nnotice.Lic,nsorntn)inclt%i%t. eryrtaliythe
percentage that the Consumer Trice Index has incteuscd, PuhlisLc•d h) the Ucpartrntnt ul 1 a110;. s;I,ec the last rental
merea;•c period, or the lasl annitersaly d;rte hereol.
(c) 'I he personal pronouns used herein as referring to I.iceusce shall be understood so to nler h, Licensee tahether
Licensee be a natural person, a parbrcrship. or a croporation, or any combination thereof.
(d) Any notice herein required to he gitcn by Licensor to 1 iccnsee shall be deemed properly giser if sersrd upon or
delircred to Licensee or hi: authorired agent, or if posted on or if mailed, postpaid, addressed to I iccnsee at his last
known place of business,
(c) No oral promises, oral agreements, or oral warranties shall be decried a part of this License, nor shall anyrlllcration,
amendment,supplcnicnl,or waiter of any of Ilic pro%jNior)%of Ihis licenscf,c binding upon either patty bereto unless the
same he supplemented, altered, changed, or amended by an instrument in whflllg. signed by licensor ani Licensee.
(f) phis License dues not become hinding upon I.icertsor until executed by Licensor's nice-president,
-3-
IN W'ITNFSS WIIEREOF, the patties hack] have executed thisagrecmentas Of thedayarzd5car first abu~e~rtitle n.
%1iSSOURI-KANSAS-1 FNAS RAIi ROAD CO1W'ANY
CITY OF DENTON, TEXAS
By
'I'irle --M, Yor. -
Addres-,: `Iunieipal L'e ilding
Penton, Texr_s 76201
Filet T-19753
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RESOLUTION
WHEREAS, the application of the City of Denton for a grant
for the purpose of estimating consumer load characteristics of
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electric customers in the City of Denton has been approved by
the Department of Energy, Economic Research Administration, in
the sum of $71,336.00= NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON,
TEXAS:
SECTION I.
William H. McNary be and he is hereby authorized
and directed to execute for and on behalf of the City of
Denton, Texas, all grant agreements and necessary documents in
order for the City of Denton to receive the grant in the sum of
$71036.00 for a study of consumer load characteristics of
electrical customers in the City of Denton, Texas.
SECTION II.
This Resolution shall become effective from and after its
date of passage.
PASSED AND APPROVED this the ,2$tJ day of Qtly ,
1980.
S- zc_
RICHARD TAL ERRO
MAYOR PRO-TEM
CITY OF DENTON, TEXAS
ATTES
ROOKS HOLT, CITY SECRETARY •
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY: C~
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NO. I~' ~JD
AN ORDINANCE AMENDING THE 1979-80 BUDGET OF THE CITY OF DENTON,
TEXAS BY INCREASING THE WORKING CAPITAL FUND $66,000.00; AND
DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
y SECTION I.
The 1979-80 Budget of the City of Denton, Texas is hereby
amended by incr,>,asing the Working Capital Fund in the amount of
$66,000.00.
SECTION II.
This ordinance shall become effective from and after the
date of its passage.
PASSED AND APPROVED this the ~ day of September, 1980.
t;
CITY OF DEN , TEXAS
ATTEST:
;--CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM;
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY: eel,
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ORDINANCE NO. _$o13
AN ORDINANCE ADOPTING THE BUDGET FOR THE CITY OF DENTON, TEXAS, FOR
THE FISCAL YEAR BEGINNING ON OCTOBER 1, 1980, AND ENDING ON SEPTEMBER
30, 1981; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, notice of a public hearing on the budget for the City of
Denton, Texas, for the fiscal year 1980-81 was heretofore published at
least fifteen (15) days in advance of said public hearing; and
WHEREAS, a public hearing on the said budget was duly held on the
9th day of September, 1980, and all interested persons were given an
opportunity to be heard for or against any item thereof;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
HEREBY ORDAINS:
SECTION I.
The Budget for the City of Denton, Texas for the fiscal year
beginning on October 1, 1980 and ending on September 30, 1981 prepared
by the City Manager and filed with the City Secretary, as amended by
the City Council is hereby approved and adopted.
SECTION II.
That the departmental appropriations for the City of Denton,
Texas, for the fiscal year beginning October 1, 1980 and ending
September 30, 19810 from said budget are hereby approved and adopted:
REVENUES
FUND AMOUNT
General Fund $ 9,814,679
Sanitation Operations $ 1,252,200
Electric System $24,529,670
Water and Sewer System $ 4,453,396
Working Capital Fund $ 436,557
General Debt Service Fund $ 1,959,079
Revenue Sharing $ 525,000
EXPENDITURES
FUND DEPARTMENT AMOUNT
General Fund General Government $ 409,804
General Fund Energy Conservation $ 44,785
General Fund Legal $ 188,770
General Fund Personnel $ 166,654
General Fund Civil Defense $ 52,394
General Fund Planning & Development $ 97,805
General Fund Data Processing $ 337,231
Gei:eral Fund Airport $ 52,484
General Fund Finance $ 8500568
General Fund Public Works $ 10560,700
General Fund Police $ 11872,772
General Fund Fire $ 11938,457
General Fund Parks & Recreation $ 886,717
General Fund Library $ 307,363
General Fund Contributions to other Agencies $ 325,621
General Fund Miscellaneous $ 90400
General Fund Transfer to General Project Sound $ 147,639
General Fund Reserve for Salary Adjustment $ 685,000
TOTAL GENERAL FUND EXPENDITURES $10,094,764
Sanitation Operations Sanitation Operations $ 11239,311
Electric System Electric System $25,807,563
Water & Sewer System Water & Sewer System $ 51473,294
Working Capital Fund Working Capital Fund $ 436,557
Revenue Sharing Fund Revenue Sharing Fund $ 525,000
General Debt Service Fund General Debt Service Fund $ 1,959,079
SECTION III.
That the City Manager is hereby authorized to transfer the amounts
of money contained in the Reserve for Salary Adjustment as contained
in the 1980-81 budget to the various departments as needed for the
purpose of implementing the proposed pay plan as approved by the City
Coun,;il for the General Fund employees.
SECTION IV.
That the City Manager shall cause copies of the budget to be filed
with the City Secretary, the County Clerk of Denton County and the
State Comptroller of Public Accounts.
SECTION V.
That if any section, subsection, paragraph, sentence, clause,
phrase or word in this ordinance, or application thereof to any person
or circumstances is held invalid by any court of competent
jurisdiction, such holding shall not affect the validity of the
remaining portions of this ordinance, and the City Council of the City
of Denton, Texas, hereby declares it would have enacted such remaining
portions despite any such Invalidity.
SECTION VI.
That this ordinance shall be effective upon its passage aid
approval.
PASSED AND APPROVED this the 16th day of September, A. D. 1980.
I r
RR CHIA 0
MAYOR PRO-TEM
CITY OF DENTON, TEXAS
ATTEST:
8 00 MOLT, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
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