HomeMy WebLinkAbout01-1981
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TH'6 STATE OF TEXAS S
COUNTY OF DENTON S KNOW ALL MEN BY THESE PRESENTS:
This Agreement, made and entered into this 1st day of
January, 1981, by and between the City of Denton, Texas, a
Municipal Corporation hereinafter referred to as "City", and
North Texas State University, hereinafter referred to as "NTSU".
WITNESSETH:
WHEREAS, NTSU is desirous of using Roberts Field in Mack
Park, a City of Denton public park for the purpose of playing
baseball games by their baseball team, and also using the field
for practices) and
WHEREA3, the City Is willing to grant such privilege and
right to NTSU upon the terms and conditions hereinafter stated
to be kept: and performed. 1
NOW, THEREFORE, in consideration of the mutual covenants
and agreements hereinafter stated to be kept and performed by
and between the parties hereto, it is hereby agreed by and
between the parties as follows:
1. City hereby grants unto NTSU the right and
privilege of using Roberts Field in Mack Park, a
public park within the City of Denton, for the use
of their baseball team for the purposes of
practicing baseball and playing baseball games,
commencing on the 1st day of January, 1981, and
terminating on the 3rd of May, 1981.
2. That NTSU will pay the sum of $25.00 per home game
date as shown on the attached Exhibit "A".
Presently, there are 12 home dates, but games may
be added or deleted during the course of the
season.
3. In addition, NTSU may use Roberts Field between
the hours of 2:30 P.M. and 5:00 P.M., Monday
through Friday, on those days they are not
scheduled to play baseball games, either home or
away.
4. City agrees to do the dragging, mowing, watering,
and dirt work on Roberts Field and furnish a dry
line marker. NTSU will do the raking and lining
of the field before each game and will water the
mound and home plate area after each practice and
game.
5, it is agreed that NTSU will, at their expense,
provide distance markers on the outfield fence and
that these markers will remain perms intly at the
field.
Mon"
b. NTSU will be responsible for crowd control,
conduct of the teams, and will turn off the lights
after each game, and NTSU agrrees to sekye and keep
demanda~cla. a,-aotlanc-or-oaaee-s-fer--acbleni
lossaa attorney's icing Frew
ac-gy.owing-oat- of-a.
wred_ frtdvct#irg- of
7. NTSU will bus the playing field and the immediate
areas (dugouts, bullpens, bleachers) of all trash
and debris left after the game. This does not
pertain to practice sessions.
8. In case of inclement weather, the City will make
the decision regarding the playability of the
field as early as possible on the day of the
game. All rescheduling of rain outs must be
approved by the City.
9. Necessary heavy maintenance time by the City will
take priority over NTSU practice time. All daily
maintenance will be completed by the City before
200 P.M. Mondays :hrougn Fridays.
10. NTSU promises and agrees to carry on their
operations regarding the use c,f Rob%rt's Field in
accordance with t,ie laws of the United States and
the State of Texas anO all rules, regulations, and
ordinances now in force and effect or hereinafter
promulgated or enacted by the Council of the City
of Denton, Texas,
• 11. NTSU may operate a concession operation with
approval of the Parks and Recreation Department
during games only. Approval can be secured from
the Director after a fee is negotiated for its
operation.
IN WITNESS WHEREOF, the parties have hereunto set their
hands on the day and year first above written.
CITY OF DENTON, TEXAS
By /T A '0 2 zxt-449
G, CRS HART NG
id-
CITY MANAGER
ATTEST NORTH TEXAS STATE UNIV ITY
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B OL j CITY SECRETARY
CI'T'Y OF DENTON, TEXAS
APPROVED AS TO MAL FORMi
C,'Jj TAYLOR, JR,# CITY ATTORNEY
CITif Or DENTON, TEXAS
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THE STATE OF TEXAS S
KNOW ALL MEN BY THESE PRESENTSr
COUNTY OF DENTON S /
By this lease, entered into the ?AQ day of ,
1981 the City of Denton, Texas, herein called LESSOR devises
and lets to ERNEST E. TRIETSCH and LEWIS TRIETSCH, herein
called LESSEE, to occupy and to use for agricultural purposes
and for no other purposes, except as authorized herein, the
following real estate located in the County of Denton, State of
Texas, described as followst
Approximately 345 acres of land on the Denton
Municipal Airport, which is surplus to Airport needs,
for agricultural purpose.
upon the following terms and conditions:
1. The tern. of this lease shall be from the lat day of
January, 1981, to June 30, 1981. J
2. LESSEE agrees to tray LESSOR, as cash rent for the above
described property for th(3 six (6) month term the sum
Of ytd>~.iea~ nun~•~io,_ ~`l~j--•- .7RF~ Dollars
to be paid within ten 110) days after date of signing this
Agreement; and
in addition to such cash payment, LESSEE agrees t0 perform
thy: following services for LESSOR as consideration for the
loa.;e of paid property, to-wits
A. Mow all designated grass areas at the Denton
Mu nfolpal Airport on a regular basis, or as deemed necessary by
the Airport management, except, the following areasi
r,. Tho3 areas around Airport lightinge,
navigational structures and U. 8. Governmental
facilitieal
be Areas leased to Airport operators and other
leaseholders.
Be The smoothing of rough land areas where needed.
C. Remove trees and stumps so that the land area can
be utilized,
be Call attention to potential erosion areas,
Be Back furrow or mow a distance of ten (10) feet from
all fences in order to keep grass and other vegetation from
becoming a fire hazard,
_J,
.
3. Land area available: (See Map Attached) Approximately
345 acres of land are available for agricultural usage.
A. There are approximately 250 acres of usable land on
the west side of the Airport.
8. There are approximately 80 acres of usable land on
the southwest end of the Airport. This area runs from the
Aerosmith lease line to the south Airport boundary line along
the farmer's entrance road.
C. There are approximately 15 acres available to the
north of Aerosmith lease line and to the east of Fox-51 lease
area. This area extends north to Old County Road 1515.
D. Distance requirements for Airport clear zones:
a. Land areas along the runway that must be clear
of crops and be maintained in such a way as to
be smooth with no holes or large rocks in the
area. The zones are:
1. 250 feet either side of the runway
centerline.
2. 1000 feet to the south of the end of Runway
17.
3. 1000 feet to the north of the end of Runway
35.
b. Clear areas along the taxiway that must be
observed.
c. The infield area, between the runway and
taxiway system, cannot be utilized. This area
must be maintained at all times and the grass
depth not allowed to grow over six inches in
depth.
d. Type of crops grown near clear zonesi
1. Tall standing crops, over three feet in
height, may not be grown within 250 feet of
the runway on the west side of the Airport.
2. Crops may not be grown between the runway
and the taxiway system.
3. Crops may not be grown next to or in the
vicinity of any FAA navigational unit or
structure.
4. Restrictions and Limitations
A, The land leased should be used solely for
cultivation of seasonal crops or for the mowing of natural
grass for hay. All cultivation of mowing shall be conducted in
conformity with good soil conservation and pasture management
practices.
g. At no time will an individual be allowed to park or
leave' unattended any farm equipment, tractor or vehicle within
400 fast of the centerline o€ the runway, within any runway
`approaoh area that is 400 feet from the threshold, or within 50
feet'of~the edge of eny taxiway or apron.
AaaICULTUfiAL L8A98 PA08 2
i
C. At no time will the individual be allowed to erect
construct, or build any structure of any nature, or remove or
tear down any building or other improvement on the lease
property without prior written approval of the City.
D, No new fences may be erected on the Airport
property without prior written approval of the LESSOR. All
Airport boundary fence lines will be maintained by Airport
maintenance personnel.
E. Grazing or pasturing of animals will not be
permitted on the Airport property or on any Airport land leased
for agricultural purposes.
F. There can be no leasing or subleasing of any
portion of the Airport property or on any Airport land leased
for agricultural purposes.
5. The following special conditions shall govern the
parties to this lease.
A. It should be understood that LESSOR and the Federal
Government shall have the right to use any portion of the land
for any purpose that they deem necessary. The LESSOR will
require that the areas in question be vacated within 30 days of
a written notification. Compensation for the recaptured land
will be prorated on a per acre basis.
B. The LESSOR will have access to the property leased
at any time for the purpose of any inspection deemed expedient
and for the purpose of surveying, utility placement, as well as
for the use as access routes to adjacent areas of the Airport
or to public roads.
C. Material crops and all other property of the LESSEE
shall be removed from the Airport leased land by the expiration
date of this lease.
D. LESSEE will assume all risk incidental to the
Airport lease and shall indemnify, defend and hold harmless the
City from all penalties arising from the violation of any
ordinance, order or regulation that should occur in the
operation of the lease, as well as from any and all claims,
suits, losses, damages or injuries to any person or property of
any nature resulting from the carelessness, negligence or
improper conduct of the individual or any of his agents or
employeea.
E. LESSEE will not bring suit against the City or
assign any cause of action because of an accident, fire, noise
or disturbance resulting from the crash of an aircraft
operating in the vicinity of the Airport or taking off or land
at the Airport or occasioned by the presence and proximity of
aircraft parked, being fueled, taxing, or in-flight over the
leased area.
6. It is understood and agreed between the parties that
LESSOR is in the process of advertising for bids for lease of
the property covered by this lease to be effective on July 1,
19811 therefore, LESSEP expressly agrees to deliver possession
of said land and premises to LESSOR on June 30, 1591. LESSEE
expressly agrees to deliver possession of portions of the land
herein described to the successful bidder for such lease as
LESSEES' crops are removed from the premises before July 1,
19914 Any crops remaining on the premises after June 30, 15,01
shall become the property of LESSOR.
AGRICULTURAL LEASE - PAGE 3
Executed in duplicate this the day of January, 1981.
CITY OF DENTON, TEXAS,
LESSOR
BY:
CIT NAG R
ATTES
W ROOKS HOLT, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
ZRNEST E. TRIETSCH, LESSEE
LEWIS TRIETSCH, LESSEE
-1
SIGNATURE}
L* _
(G1 NATUR
A4ftYCUtoTURAL LEASE - PAGE 4
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AN ORDINANCE FIXING AND DETERMINING THE GENERAL SERVICE RATE TO
BE CHARGED FOR SALES OF NATURAL GAS TO RESIDENTIAL, COMMERCIAL
AND INDUSTRIAL CONSUMERS IN THE CITY OF DENTON, DENTON COUNTY,
TEXAS; PROVIDING FOR THE MANNER IN WHICH SUCH RATE MAY BE
CHANGED, ADJUSTED, AND AMENDED; AND PROVIDING FOR A SCHEDULE OF
SERVICE CHARGES.
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINSt
SECTION I.
Effective with gas bills rendered on and after thirty (30)
days from the final date of passage of this ordinance, the
maximum general service rate for sales of natural gas rendered
to residential and commercial consumers within the City Limits
of Denton, Texas, by Lone Star Gas Company, a division of
ENSERCH CORPORATION, a Texas Corporation, its successors and
assigns, is hereby fixed and determined ar, set forth in Item A,
in the Attachment hereto which is incorporated herein.
SECTION II.
The residential and commercial rates set forth above shall
be adjusted upward or downward from a base of $2.0279 per Mcf
by a Gas Cost Adjustment Factor expressed au an amounr per
thousand cubic feet (Mcf) of natural gas for changes In the
Intracompany city gate rate charge as authorized by the
Railroad Commission of Texas or other regulatory body having
jurisdiction for gas delivered to the Denton distribution
system, according to Item B, in the Attachment hereto which is
incorporated herein.
SECTION III.
Set forth in Item C in the Attachment hereto which is
incorporated herein are the maximum rates applicable to sales
to industrial customers served under Company's standard form of
industrial sales contracts and are subject to the terms and
conditions specified therein, or as they may be amended by the
Company.
SECTION IV.
Company shall also receive tax adjustments according to
Item D, in the Attachment hereto which is incorporated herein.
SECTION V.
In addition to the aforesaid ratesi Company shall have the
right to collect such reasonable charges as are necessary to
conduct its bustness and to carry out its reasonable rules and
regulations in effect, as set forth in Item E, in the
Attachment hereto which is incorporated herein.
SLCTION VI.
The rates set forth in this ordinance may be changed and
amended by either the City or Company in the manner provided by
law. Service hereunder is subject to the orders of regulatory
bodies having jurisdiction, and to the Company's Rules and
Regulations currently on file in the Company's office.
1 1 , ' 1
SECTION VII.
It is hereby found and determined that the meeting at which
this ordinance was passed was open to the public, as required
by Texas law, and that advance public notice of the time, place
and purpose of said meeting was given,
PASSED AND APPROVED this the -]~~day of 1901.
C RD 0. ST WA , MAYOR
ITT OF DE TON, TEXAS
ATTESTt
10~~4A4e""
B S BOLT, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORMt
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
By l
ATTACHMENT TO ORDINANCE NO. / -O.'.
CITY OF DENTON, TEXAS
LONE STAR GAS COMPANY
TARIFFS & SCHEDULES
Item A. The following rates arn the maximum applicable to
residential and commercial consumers per meter per
month or for any part of a month for which gas service
is available at the same location. Summer rates shall
be applicable between the meter reading dates in May
and October. Winter rates shall to applicable at all
other times.
Residentialt Winter Summer
Customer Charge $3.7500 $3.7506
All Consumption @ 2.6988 Per Hof 2.4488 Per Hof
if the service period is less than 28 days, the
customer charge is $.1339 times the number of days
service.
Commercials Winter Summer
Customer Charge $1.0000 $7.0000
All Cor,3umption @ 2.6988 Per Hof 2.4488 Per Hof
if the service period is less than 28 days, the
customer charge is $.2500 times the number of days
service.
Hills are due and payable when rendered and must bo
paid within ten days from monthly billing date.
Item D. Gas Cost Adjustment
Each monthly bill at the above rates shall be adjusted
for gas cost as followas
(1) The city g.te rate increase or decrease applicable
to current billing month residential and commercial
sales shall be estimated to the nearest $0.0001 per
Hof based upon
(a) A volume factor of 1.0416 determined for the
distribution system as the ratio of Hof
purchased (adjusted to five year weighted
average percentage of unaccounted-for gas)
divided by the Hof sold for the 12 month period
ended June 30, 1979.
(b) The city gate rite estimated to be applicable
to volumes purchased during the current
calendar month, expressed to the nearest
$0.0001 per Hof (shown below as "Re").
(e) The base city gate rate of $2.0279 per Mef.
iq
(2) Correction of the estimated adjustment determined by Item B (1) above
shall he included as part of the adjustment for the second following
month. the correcting factor (shown below as "C") shall be expressed to
the nearest $0.0001 pcr M(f based upon:
(a) The correcte,l 1dju;t1,!'Tt arunmt based upon the actual city
gate rate, less
(b) The estimated adjustment amount hi Iled under Item B (1)
above, divided by
(c} Distribution system residential and cor+gercial sales Mcf
recorded on the Company's books during the prior year for
the month that the correction is included as part of the
adjustment.
(3) The adjustment determined by Item B (1) and Item B (2) above shall be
multiplied by a tax factor of 1.04105 to include street and alley rental
and state occupation'tax due to increasing Company revenues under this
gas cost adjustment provision. ,
In summary, the gas cost adjustment (GCA shall be determined to the nearest
$0.0001 per Mcf by Item B (1), Item B (2; and Item B (3) as follows: ,
GCA = (Item B (1) + Item B (2)1 X Item B (3)
GCA 1(1.0416) (Re - 52.0279) + C1 X 1.04105
Item C. The following rates are the maximum applicable to sales to industrial cus-
tomers served under Company's standard form of industrial sales contracts
and subject to the terms and conditions specified therein. Customer shall
receive service under its choice of one of the following rates:
RATE 1
First 125 Mcf or less $202.50
All over 125 Mcf @ 1:58 per Mcf
RATE 2
First 600 Mcf or less $906.00
All over 600 I4cf @ 1.435 per Mcf
RATE 3
First 11250 NO or less $1,750.00
All over 19250 Acf 0 1.375 per Mcf
SCHOOL RATE
First 150 Mcf 0 S 1,61 per Mcf
over 150 Mcf @ 1.56 per i'lcf
Minimum Monthly Bill S10.00 per Meter Installation.
Amounts billed shall be due and payable within ten days from monthly billing
date.
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P!i~trnt For f~~at
This Schedule of industrial Rates is based upon the delivery of gas
having an ovcrrage tot,11 heat value of 1,000 British thermil units (Btu)
per cubic foot. Should the average total heating value of gas delivered
in any monthly period be more or less than 1,000 Btu per cubic foot, the
reasured volu-,,c for such period shall be increased or decreased, respec-
tively, in the pu rccntage by which the average heating value of such gos
is greater or less than 1,000 Btu per cubic foot. the monthly average
total heating value of the gas ata pressure of four ounces plus 14.4 pounds
per square inch acrd at a temperature of sixty degrees Fahrenheit shall be
determined at Company's expense by the use of standard methods and procedures.
Adjustment for Gas Cost:
She foregoing rates are based upon a weighted average cost of gas pur-
chased by Lone Star ris Company of $1.00 per 1,000 cubic feet (Mcf) based
on a pressure of four ounces per square inch above an assumed atmospheric
pressure of 14.4 pounds per square inch and at a temperature of sixty degrees
Fahrenheit. The "weighted average cost of gas purchased," as used herein,
shall be computed by dividing the total amount paid or accrued by Company
(as reflected by Company's Gas Purchase Accounts), including any production,
severance, dedication or gathering tax paid or accrued by Company directly
or by way of reimbursement to its gas suppliers, to producers, processors,
transporters, or other sellers of gas in the latest available fiscal month.
by the total volume of pipeline quality gas in 14cf purchased by Company
during said period.
Whenever the weighted average cost of gas purchased is more or less
than $1.00,the amount billed under this schedule shall be increased or - ,
decreased by the amount of such difference multiplied by the consumption
in Mcf, without adjustment for heating valve.. In applying the gas cost
adjustment clause, the adjustment shall be computed to the, nearest. one-
hundredth of ooe cent.
Company, from time to time, may be required by the terms of a gas 'pur-
chase contract (including an agreed settlement of a disputed claim) or by a
determination of a regoilatory body or court to make additional.payments with
respect to gas previously purchased by Company. In such case, appropriate
adjustments to coaroensate therefor shall be made in the price payable for gas
hereunder as soo. as practicable after the time of such payment so that Cus-
twer linbear a cluded proportionate
defined
average ycos o ofagasnpurchaseda as not
weightedpart
above.
Adjustment for Taxes, Licenses, Fees, Charges, and Rentals:
Customer shall pay Company an amount equivalent to a proportionate part
of all taxes or rentals which now are or which may be levied, charged or
imposed by any governmental body under authority of any law, ordinance or
contract for the use of the public streets, alleys and thoroughfares in the
conduct of Company's business, or because of Company's occupation; and Cus-
taper shall pay Company an amount equivalent to a proportionate part of any
new tax or increased tax or any other governmental imposition, rental, fee
or charge levied or charged after July 1, 1476, (except state, county, city,
and special district ad valorem taxes, taxes on net income and any produc-
tion or similar tax included in the weighted average cost of gas as provided
in the gas cost adjustment cle, e).
Item D. Tax Adjur tinent
The tax adjustment shall be an amount equivalent to the proportionate part of
any new lax, or increased tax, or any other governmental imposition, rental,
fee or charge (except state, county, city and special district ad valorem
taxes and taxes on net income) levied, assessed or imposed subsequent to
January 1, 1990, upon or allocable to the Company's distribution operations,
by any new or amended law, ordinance or contract.
Item E. Schedule of Service Charges
(1) Reconnect Charge
In addition to the charges and rates set out above, the Company shall
charge and collect the•sun of,
Schedule Charge
8 A.M. to 5 P.M. Monday through Friday $20.00
5 P.M. to 8 A.M. Monday through Friday 30.00
Saturdays, Sundays and Holidays 30.00
as a reconnect charge for each reconnection or reinauguration
of gas service, where service has been discontinued at the
same premises for any reason, with the following exceptions. ,
(a) For a builder who uses gas temporarily during construction
or for display purposes.
(b) For the first occupant of the premises.
(c) Whenever gas service has been temporarily interrupted.
because of system outage, service work or appliance t
installation done by Company; or
(d) For any reason deemed necessary for Company operations,
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(2) Appliance, Gas Lighl., and Air Conditioning Sr,rviee Charges
Appliance Service char_cces
Schedule. Hourly Charge
8 A.11, to 5 P.M. Monday through Friday $18.00
5 P.M. to 8 A.M. Monday through Friday 27.00
Saturdays, Sundays and Holidays 27.00
An additional charge of S12 added to the above charges when a second employee
(helper) is required.
Time in excess of one hour prorated in 15 minute increments, as follows:
Standard Non-Standard
Increments Working flours Working Hours
15 minutes S 4,50 S 6.75
30 minutes 9.00 13.50
45 minutes 13.50 20.25
60 minutes 18.00 27.00
Standard working hours defined as 8 A.M. to 5 P.H. Monday'through Friday 4
except holidays.
All new company sold 9? ills serviced free of charge for 90 days, during stan-
dard working hours.
Gas Light Service l
Service GfIELL,
Clean and replace mantles $5.00
Painting.(black and white) and/or replacing
glass panes 4.00
All new company sold gas lights serviced free
of charge for 90 days, during standard working hours,
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AirrCCor(Mioniny Service
Hour 1)' ChurN:
Any horn' Sunday through Saturday and holidays 520.00
Time in excess of one hour prorated in 15 minute increments, as follows:
lncrcrirnts All hours
15 minutes S 5.00
30 minutes 10.00
45 minutes 15.00
60 minutes 20.00
All new company-cold air conditioning units serviced free of charge for 1 year
from date of installdtion.
No additional charge for second employee (helper).
Labor charges in excess of factory allowances for warranty replacement and
repair will be passed on to the customer.
(3) Charges for replacing Yard Lines
Item or Service Ch_ urge
Basic service charge for all replacement work- 540.00
Prebent Riser with Support Post - 20.00
Noncorrodible Prebent Riser 15.00
Stopcock - 4.95
Ditch, replace 1 1/4 inch (or smaller) pipe,
and obtain city inspection, - 2.00 per foot
Remove grass, ditch, replace 1 1/4 inch
(or smaller) pipe, obtain city inspection
and replace grass - 2.30 per foot
Insert 1 1/4 inch (or smaller) Polyethylene
pipe in existing service line - 1.90 per fort t
Special trip to perform yard line work
at customer's request and work cannot be
scheduled for Company convenience - 40.00 additional
Work performed on overtime basis at
customer's request - 60.00 per hour 1/
Disconnecting or reconnecting customer yard
line at main when yard line is replaced
by other contractors - 40.00
A firm price quotation 011 be made on the basis of labor, material, and
other costs for replacing yard lines larger than 1 1/4 inch in size.
1/ Computed at one-fourth the hourly rate for each 15 minute period
or fraction thereof. The same work performed on a call-out basis
will be charged at the'overtime rate with a two hour minimum charge.
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(4) Main tine Fxtension Rate (Residential)
The charge for extending mains beyond the free limit established by
Lone Star Gas, or any free limit established by city franchise is
54.50 per foot except for large commercial and industrial consumers
which are handled on an actual cost per foot basis.
(5) Returned Check Charges
A returned check handling charge of .$5.00 is made for each check
returned to the Company for reasons of non-sufficient funds, account
closed, payment withheld, invalid signature, or improper preparation.
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T7 7-77 '!~TT t
'07 lq
STATE OF TEXAS
Com"ry of [1(:NT0111
I• Secretary of the City of
Denton, Denton unly hereby ccrEify that the above and foregoing
is a true and correct copy of an ordinance passed and approved by thesy
Council of the City of Denton at a session held on the
day of 19~, as sears of record in the hlinuEe of
said c 01ci in o~ Page WITNESS MY HAND AN SEAL Of SAID CITY, this the
day
Of A.D. 19. AN
ecre ary
City of Denton, Texas
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CITY SECREfARY'S FILE
PACKET #~~Q
THE FOLLOWING INSTRUMENT IS FILED IN THE
FILES OF THE CITY SECRETARY:
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NO.
AN ORDINANCE DESIGNATING THE BELOW DESCRIBED LOCATIONS AS HISTORIC
LANDMARKS UNDER ORDINANCE NO. 80-30 (ARTICLE 28A OF THE COMPRE-
HENSIVE 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 historic landmarks in
the City of Denton; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION I.
The following described locations shall be designated as
historic landmarks under Ordinance No. 80-30, Article 28A of the
Comprehensive Zoning Ordinance of the City of Denton, Texas:
1. H-4 607 Pearl Street
2. H-5 609 West Oak Street
3. H-6 722 West Oak Street
4. H-7 705 West Oak Street
5. H-8 811 West Oak Street
6. H-9 723 West Oak Street
7. H-10 812 West Oak Street.
8. H-11 1003 West Oak Street
9. H-12 1023 West Oak Street
10. H-13 1015 West Oak Street
SECTION II.
The historic landmark designation shall be Indicated upon the
zoning map of the City of Denton by the letter "H", and the
property herein described shall be subject to all of the terms,
provisions and requirements of Ordinance No. 80-30, Article 28A of
the Comprehensive Zoning Ordinance of the City of Denton, Texas.
SECTION III.
This ordinance shall become effective from and after its date
of passage.
PASSED AND APPROVED this the 7_Oday of , 1981.
sIC ARD 0 STE T, AYOR
CI OF D NTON, TEXAS
ATTEST=
BROOKS. HOLT, CITY ECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORMr
C. J, TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
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R E S 0 L U T I 0 N
WHEREAS, under Article 6 of the Bylaws of the Texas
Municipal League Workers' Compensation Joint Insurance Fund the
Council is required at this time to vote for three members of
the Board of Trustees;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DENTON, TEXAS=
SECTION I.
The City Council hereby casts the votes of the City of
Denton, Texas for candidates for the Board of Trustees of the
Texas Municipal League Workers' Compensation Joint Insurance
Fund as follows:
RICHARD D. BROWN
BETTY MCKEAN
GEORGE L. NICHOLS
SECTION II.
This resolution shall become effective immediately.
PASSED AND APPROVED this the Y day of January, A. D.
1981.
JA P I ARD 01. S E T, YO
CI OF ENTON, TEXAS
ATTEST
B OOKS HOLT, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORMt
C, J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
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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:
The Mayor is hereby authorized and d.:ected to execute
on behalf of the City of Denton, Texas, a Wire Line License
Agreement dated December 18, 1980, between the City of
Denton and the Missouri Pacific Railroad Company.
PASSED AND APPROVED this the Mday of +vv it ,
1981.
~e2j,002ie
CIT OF DE TON, TEXAS
13
ATTES
aRGOKS aLT, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
Co J, TAYLOR, JR,, CITY ATTORNEY
CITY OF DENTON9 TEXAS
BY: -ac~ .~OA
EM-9 AF- Drobw Mom
Form 20014 8/76
WTRR LINK P U NSC
THIS ArREEFIE11T, execuLcd in duplicate , this 10th day of D%Pr:F,ar
19 $p, by an,l bemen l1 (;5,url P:-eific R-hire J C".pany ,
a 0:1',qura corporation, hcroigattcr callfxl "Carrier", to be addressed at
210 North 13th Street, St. Louis, Missouri 63103, and rl ty of 0:,,~tnn
n rar,iicil~nl corpora Lion ;p,i*~y;% lty"ig
X;6`tX hereinafter called "Licensee", to be addressed at
hunicipal Oullding, Drntoo, T--xas 7()201 , WITNESSET]i:
NMI, TIIhhEFUHE, in consideration of 4he premises and of the covenants and agreements
hereinafter contntncd, it is ngrccd:
I Cac ricr hereby grante, but nn solely the heroin Expressed terms and conditions,
and Licensee hereby accepts, permission to install, keep, and use the Licensee's own on3
(number)
certain proposed aerial 13.'xv pooor
(p►oposed or existing) (reran]. or undorg,;iini) (dc,;Ignattun) (power or telephone)
line and, also, every additional wire hErenfter included therewlth, and
appurtenances, y, Rr,,,;Hj1ft-1 XX(..._..............._....._...... herein called "Wire Line", on the
Carrier's property, herein called "Premi!,cs". Wire line shall intersect Carrier's
trock AD< et 1111u PosL 203.33, EO 11002f47 ril,`AAM X--------- I
(track or right of way)
X~KRXXXXX:t/.;{:litiS;:X%iXkXib Onto, Ceu1ty, TOMS at
Nk)1%4cX Denton ApproxirroLe IOratten of Wire Idrrc is indl-
cated by heavy black lin; on Exhibit A attached hereto as part herEof,
The license and permission herein granted (n) are limited to such title and
rights as the Carrier may have in the Premises concerned, and the Licensee shall secure
such permission as may be npcessnry on account of any other existing rights in any third
party (including, without limitation, rights of tenants, subtenants licensees, and others
occupying or using Lhe Premises concerned with Carrier's permission; and (b) are granted
without any warranty, express or implied. Licensee hereby agrees to exercise the herein
granted rights in such a manner as not to interfere in any way with any existing prior
rights. Licensee hereby agrees thaL no damages shall be recoverable from Carrier because
of any dispossession of Ltcensce or ber;ause of any failure of, defect in, or extinction
of Carrier's title,
2, Licensee shall furnish or do at Licensee's own cost and responsibility any And
all things and when and ns from time to time required to accuaiplish whatsoever the Licensee
attempts or is bound to do at any time hereunder. Licensee shall adjust Wire Line to any
physical change as mado at any time in any of Carrier's property; at all times keeping
lowest conductor of Wire Line, If Aerial, the applicable statutory clearance above the top
of rail, or the minimum clearance above the top of rail prescribed by the then present
National Electrical Safety Code for the type of construction, support spacing, and voltage
of Wire Line, whichever is greater, with the conductors operating at the maximum t4,mper-
ature permitted by the Licensee; and all guy or messenger or comrrrunication wires are to be
at least,,.... . 27 feet Above the top of rail. If underground, {Dire Line shall be
at least four and one-half feet below the bottom of rail thereover, and at
least three feet beneath surface of ground beyond ballast section, Licensee shall cause
-1-
Form 20014 8/76
IUccu Lin L! to cc, nlucu to chc uqu~cc;r.•,pis VC tl,o th.u I,rc•~.nt C,.~ i.,uul t,kcctrical ;;ifvty
Cade of the Bureau of Slam9ar,1:, Department of Corn-rce, United States of America, except:
as olh,rwtse hereinabove proviclyd, and w1ic-rc cr•.irlerground Wire line carries volleys in
excess of 220 volts Licensec, shall plnce suitable signs on surface of Carrier's property
to indicate location and voltaic of said iJi.re Linc. Said thin;:r, including the time And
manner of doing any work, each shall conform In the rcquircmcnto of Carrrier As w~:ll as of
any State, Fedrral or Municipal anlhorlty. Carrier may, nctirrg for licensee, furnish or do,
and Licensec shall pay and bcor the, cust of, nything vrhich, horeiu required of Licensee it
any time, either shall not be furnished or done within ten days following Carrier's written
request therefor or shall be undertaken by Carricr at Licensee's request. Without limiting
the gcn(nrality of any of Lhc foregoino-, Liceu.tce nuthorizcs Cnrrier, at the cost and on
behalf of Licensee, to furnish and provide such protective services, devices and stru4tutes,
as Carrier may deem necessary, in ordc+r to prutuote the safety of Carrier's operati.onF,
employees and property during or incident to the installation of Wire Line. Licensee on
request shall, in advance, deposit with Corrlc,r the estimated cost of any of the foregoing.
If deposit be less than actual cost, Licensee shall pay difference; if more, Carricr shall
repay difference.
licensee when returning this license (signe(l) shall pay to Cnrrier the fee of
THREE HUNCRED Dollars for the license granted herein. Any other palment shall
be made within twenty days following receipt of bill. Licensee shall pay cost to Carriec
for all labor, including wages of foremen, cost of material f.o.b. Carrier's rails plus
freight at tariff rates to point of use, plus taxes and usunl railroad additives. No pr)-
visions of this paragraph, nor approval by Carrier of any of Licensee's undertckings,
shall relieve Licensee of any re!,ponsibility or liability,
3. Licensee agrees to (a) indtimify and save Irnnnless the Carrier from and against
all claims, suits, damages, casts (including Attorneys' fees), losses and expenses in any
manner resulting from or arising out of or in connection with thp installation, maintenance,
renewal, repair, use, existence or removal of Wire Line, and (b) assume all risk of loss
or damage to Wire Line regnrdless of how caused and regardless of any negligence on the
part of Carrier, or otherwise.
4. If the operation or maintenance of Wire Line shall at any time cause interference,
Including but not limited to physical interference, from electromagnetic induction, elec-
trostatic induction, or from stray or other currents, witn the facilities of Carrier or of
any lessee or licensee, or in any manner interferes with the operation, maintenance or use
by Carrier of its right of way, tracks, st. uctures, pole lines, signal and communication
lines, radio or other equipment, devices, other property or appurtenances thereto, Licensee
agrees Immediately to make such changes in its own lines and furnish such protective devices
to Carrier and its lessees or licensees as shall be necessary in the judgment of Carrier's
representative to eliminate such interference. The cost of such protective equipment and
its installation shall be borne solely by the Licensee.
In the event that the methods above set forth fail to eliminate such interference,
and it is deemed necessary by the proper officer of Carricr having jurisdiction therein
that any or all facilities of Carrier or of any lessee or licensee thereof shall be re-
located, reconstructed or otherwise changed, the entire cost of such changes shall be borne
by the Licensee,
The current due to electrostatic effects shall not exceed 5.0 milliamperes, rms,
if any automobile carrier or other railroad car under Wire Line is short circuited to
2 -
Fort 20014 6/76
ground. In llie event it is Belk ra ~ncd that such cutrer L, at any time, excccds 5.0 milli-
ampere;;, 1111;, Carrier slhnl,l h,rvc tlr: right to require bu,,h instrrllrition or rodification
as tray Le nccc~i:3ary to reduw the curruorL to 5.0 milliamyeres, rr;rs, or less, and the
entire cost of the installntion or rodi,£ication shall bc,borne by the Licensee.
If, in Carrier's op11110il, changas in its property make it impractical or unsafe to
continue tl,o Wire Linn on Carrier'; property, farrIcr :,hnll hive tho right to tarmInate this
agreement on written notice to 1,icen;C-e.
5. Term hereof shah begin with ii:,; date first lrereinabnve written, and continue
thereafter uriLil cuncluded (lst) by expiration of thirty days, following serving,
by Licensee on Carrier, or vice versa, of written notice of intention to end term hereof
or (2nd), at Carrier's election without further notice, by expiration of six
months without the Wire Line having been installed or by Licensee failing to cure any
default within thirty days following written request therefor. Any notice of Carrier
shall be deemed served when yosLed- conspicuou-sly on Wire Line or when deposited, postage
prepaid, in U. S. Nail addressed as aforesaid. Not later than last day of term hereof
Licensee shall remove Wire Line and restore Premises. Any of Wire Line not so removed
shall at Carrier's election without notice be deemed abandoned. Covenants herein shall
inure to or bind each party's heirs, Legal representatives, successors and assigns{ pro-
vided: no right of Licenser. shall he transferred or assigned, either voluntarily or
involuntarily, except by express agreement acceptable to Carrier. Carrier or Licensee may
waive any default at any time of the other without affecting, or impairing any right arising
from, any subsequent default.
IN WITNESS WHEREOP, the parties hereto have duly executed this agreement as of the
day and year first hereinabove written.
WITNESSESs MISSOURI PACIFIC RAILROAD CONPAIN
By
General Manager
ATTEST CITY OF OEtrrON
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R E S O L U T I O N
WHEREAS, the term of office for Place 3 of the City of
Denton, Texas on the Board of Directors of the Texas Municipal
Power Agency terminated in July, 19801 and
WHEREAS, Roland Vela was heretofore appointed, by the City
Council of the City of Denton to Place 3 on the Board of
Directors of the Texas Municipal Power Agency and has been
serving as such Director to the present time; NOW, THEREFOFE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS:
SECTION I.
Pursuant to the terms and provisions of Ordinance No.
75-22 of the City of Denton, Texas, Roland Vela is hereby
appointed to fill the unexpired term of office of Place 3 on
the Board of Directors of the Texas Municipal Power Agency.
SECTION II.
This Resolution shall become effective from and after its
date of passage, and it is so ordered.~~RI T'
PASSED AND APPROVED this the Lr day of _ ,
1981,
• WARs
RI HARD . STEW T,
Cl Y OF ENTON, TEXAS
ATTESTi
R156 -."dl
16,
K HOLT, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORMS
C. J. TAYLOR, JR.j CITY ATTORNEY
CITY OF DENTON, T AS
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51 AM rlE 1"% t ;,ti
ORDINANCE i - 0
AN ORDINANCE ABANDONING AND VACATING THE WEST 71.07 FEET OF
PUBLIC UTILITY EASEMENT IN THE M.E.P. 4 P.R.R, SURVEY, ABSTRACT
N0. 927, DENTON COUNTY, TEXAS; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Denton, Texas, has
been requested by the owners of adjoining property to vacate
and abandon a public utility easement over a 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 welfar6 of the public
will be served by vacating and abandoning said public utility
easement over the hereinafter described tract of land; NOW
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION I.
The west 71.07 feet of the following described public
utility easement is hereby abandoned and vacated as a public
utility easement, 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,
being a part of the M.B.P. $ P.R.R. Survey, Abstract No. 927,
and being a part of a certain 31.491-acre tract of land
conveyed by Colonial Savings and Loan Association to Clinton W.
Twaddle, John L. Dawson and Hubert G. Driggs by deed dated
October 18, 1968, and recorded in Volume 573, Page 656 of the
Deed Records of Denton County, Texas, anki being mere
particularly described as follows, to-wit:
BEGINNING at a point for corner in the east boundary line of
said Twaddll et al tract, said line also being the west right
of way line of State Highway Loop No. 288, said point being
south 30 43' west 922.0 feet from the northeast corner of
said Twaddell et al tract;
THENCE south 890 55' west, 922.0 feet south of and parallel
with the north boundary line of said tract, a total distance of
560,0 feet to a point for a corner;
THENCE north 00 OS' west, 15,0 feet to a point for a corner;
THENCE north 890 SS' east S60 feet, more or less to a point
for a corner in the west right of way line of Loop 1188;
THENCE south 30 34' west with the east boundary line, 1S,0
feet, more or less, to tie place of beginning and containing
0.19 acres of land, more or less,
is hereby abandoned and permanently vacated as a public utility
easement of any kind or character forever,
SECTION II.
That the easement over that portion of said tract of land
herein described is hereby abandoned and released and will
revert to the adjacent owner or owners as provided by law.
SECTION III.
That portion of the public utility easement herein
described being vacated, abandoned, and closed is made subject
to all existing zoning regulations and deed restrictions, if
any, and subject to all existing easement rights of others, if
any, whether apparent or not.
SECTION IV.
This ordinance shall take effect and be in full force and
effect from and after the date of its passago, and it is so
ordained.
PASSED AND APPROVED by the City Council of the City of
Denton, Texas, this the.. day of , 1981.
D-G TV
CIT OFD TON, TEXAS
ATTBST~
0~4
CITY OF DENTONO TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR JR., CITY ATTORNEY
CITY OF DENTbN, TEXAS
BY: C\ ke /A 10.
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CONTRACT
FOR
CONSULTING SERVICES
FOR
D.O.E. INNOVATIVE RATES PROGRAM
Contract made this day of by
and between the City of Denton, Tex w, a municipal corporation
organized and existing under the Home Rule Amendment to the
Constitution of Texas, (hereinafter referred to as Denton) and
Management and Research Consultants, Inc., St. Louis, Missouri, a
corporation duly authorized to transact business within the State of
Texas (hereinafter referred to as Consultant).
WITNESSETH:
WHEREAS, Denton wishes to employ Consultant for the purpose of
conducting a Time of Day Billing Experiment
NOW, THEREFORE, the parties hereto do hereby agree as follows:
SECTION I
Consultant shall perform the services set forth in Attachment 1
hereto, and as further described in Consultant's proposal as
submitted on October 28, 1980. Where conflict of scope of work may
exist between Attachment I and Consultant's proposal, Attachment I
shall take precedence unless the City of Denton's Rate Study
Steering Committee agrees to modicication of the scope of the Study.
1
SECTION II
In consideration of the services performed by Consultant under
this Contract, Denton shall pay Consultant:
A. Professional Services
Charges for professional services of Consultant's staff who
may be assigned to the project will be billed in accordance
with Consultant's standard hourly rates for the various
categories of personnel as follows:
Project Manager $60/hr
Technical Advisors $60/hr
Project Consultants $40/hr - $50/hr
Time charges will be made for personnel only while they are
actually at work on the assignment and for travel time
during normal working hours. Unless authorized by Denton,
the maximum charges for services for the project shall be
$30,000.
B. Out of Pocket Expenses
In addition to the cost of professional services, certain
other expenses consisting of, but not limited to, travel,
lodging, and living expenses of Management And Research
Consultants, Inc., employees when engaged on a project away
from the home office, plus long distance telephone and other
incidental charges will be billed at cost. Printing,
reproduction and data processing charges, as required, will
be billed in accordance with Consultants' standard rates
prevailing at the time such services are rendered. The use
2
1
11 J
of Consultants' automobiles shall be charged at 200 per
mile. Rented automobiles shall be billed at cost. Unless
authorized by Denton, the maximum charges for such expenses
for the project shall be $5,000.
SECTION III
Invoices shall be rendered monthly for the preceding month's
services performed and expenses incurred on Denton's behalf, and
such invoices shall be due and payable fifteen days after receipt
of the invoice.
SECTION IV
Consultant will utilize its own personnel in the consideration of
all required studies and under no circumstances shall Consultant
be authorized to enter into any contract with another which would
obligate Denton to pay all or part of the amount due under any
such contract irrespective of wheter recovery might be based upon
an express or implied contract (quantum meruit).
SECTION V
Denton may terminate this Contract upon thirty days prior written
notice to Consultant. in the event of termination, Denton shall
pay Consultant for full services rendered and expenses incurred
to date of termination and Denton shall receive all completed
analysis comparisons, and work done to the date of termination
and any work in progress or incomplete reports will be delivered
to Denton.
3
SECTION VI
The Director of Utilities will serve as Project Manager for the
City and will be responsible for all technical issues, arranging
meetings and other such matters as required of the City. The
Utility Department Report Technician shall serve as Denton's
Project Information Coordinator and will be responsible for
obtaining and compiling information as requested by the
Consultant. Such requests for information shall be reasonable
and compatible with the information base that exists at the City
of Denton. The City will make available to the Consultant all
information that may be relevant to the Study that is available
within the records of the City.
SECTION VII
Consultant will complete its' services under this Contract and
deliver the required reports by September 158 1981.
SECTION VIII
In no event shall Consultant be liable in any cause of action for
special, indirect or consequential damages of any nature.
SECTION IX
The provisions of this Contract constitute the entire agreement
between the parties and supersede all prior communications,
representations, and agreements, oral or written, between the
parties hereto with respect to the subject of this Contract.
I
IN WITNESS WHEREOF, the parties hereunto set their hands and
4
seals the day and year first above written.
ATTEST: ^ MANAGEMENT AND RE!3EARCH CONSULTANTSF INC.
By. J By_
Title
ATTEST: CITY OF DENTONj TEXAS
By By
4;le V.',
Title Title
901,
5
ATTACHMENT I
SCOPE OF WORK
A. DESIGN OF THE LOAD CHARACTERISTIC EXPERIMENT
1. Selection of the Time of Day Sample Group
The Consultant will develop a set of criteria for defining
ar. ligibility group from which volunteers for the
exi:<rimental time of day sample group will be selected.
A computerized analysis of billing histories will be used to
stratify customers in each rate class according to use and
Cemand characteristics. Stratification may include, in the
case of residential and some classes of commercial accounts,
not only use but also season differentiated in use.
Accounts will b,~ screened further to eliminate new accounts
or accounts with abnormal billing histories. Randomly
selected accounts will receive a final manual screening to
ensure a mix of service areas of socio-economic diversity.
These customers will then be solicited to participate in the
initial installation project by mail or by a personal visit
from a City Utility representative. The number of
participants selected will conform to the statistical
requirements for each use strata in each customer class.
2. Selection of Class Use/Load Characteristic Sample
Participants
A second group will be chosen from the stratified, screened
grop of customers who have not been contacted or selected
for participation in the voluntary program. This group will
also represent a statisticaly valid model of the utility
customer population and will receive remote read meters.
Tis group will serve two purposest first it will serve as a
control group establishing a base line for measuring changes
in use and load in the voluntary groups second it will serve
as a sample for establishing customer use characteristics of
existing classes. This group will not be informed that they
are participating in a load data gathering project.
3. Volunteer Group Education and Perception Assessment
The Cousultant will assist the City of Denton in developing
a volunteer group education program. Members of the
volunteer group will receive materials and visits by utility
representatives which will inform them of how time-of-day
rates and load management incentives will be placed in
effect and how they may achieve savings under this billing
scheme.
6
Now
.
The Consultant will also develop a set of surveys which will
be administered to the volunteer group at the start and end
of the experiment. These surveys will be designed to assess
customer perception of the experiment and to evaluate
probable elasticity of demand regarding time-of-day rates.
4. Develop an Initial TOD Rate
Data from existing studies and the current PURPA study will
be used to develop an initial TOD rate which will be
equitable and which will provide an incentive for
participation. Current customer load information foc the
City of Denton electric utility nd information available
from time of day experiments in other regions of the country
will be used to make a best guess at an appropriate time-of-
day differential. A survey may also be used to assess
customer perception of an appropriate incentive level to
encourage participation in such programs. As a result of
I! this analysis an algorithm will be developed for the billing
of time-of-day rates.
B. IMPLEMENTATION OF DATA ACQUISITION AND BILLING SOFTWARE
The Consultant will assist the City of Denton in installing
and implementing computer programs for acquiring data from
remotely read meters and for producing information from
which time-of-day bills may be generated. Software
currently available to the cable television industry will be
modified to acquire metering data. The Consultant will also
assist the City of Denton in installing computer programs
which will utilize the time-of-day billing algorithm to
produce customer billing information and to provide
information on customer load and use characteristics.
C. ANALYZE AND REPORT RESULTS OF EXPERIMENT
The Consultant will analyze the data collected in the
experiment as outlined above and produce a report which will
include:
o A summary of the sampling and data gathering
techniques used
o A discussion of the analysis undertaken
pursuant to this project
o A brief explanation of the billing algorithm
o A discussion of the load and use characteristic
findings
7
o Recommendations for implementing system-wide
time-of-day billing scheme
The Consultant will also provide documentation on the
installation and use of the computer based data gatherring
and billing software.
8
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NO. ~-03
AN ORDINANCE PROVIDING THAT LONE STAR GAS COMPANY SHALL BE
AUTHORIZED UNDER ITS FRANCHISE TO CONSTRUCT AND MAINTAIN AT ITS
OWN EXPENSE ALL SERVICE LINES THAT TRANSPORT GAS FROM A COMMON
SOURCE OF SUPPLY TO (1) A CUSTOMER METER OR THE CONNECTION TO A
CUSTOMER'S PIPING WHICHEVER IS FARTHER DOWNSTREAM, OR (2) THE
CONNECTION TO A CUSTOMER'S PIPING IF THERE IS NO CUSTOMER
METER; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION I.
Under the terms and provisions of the franchise granted by
the City of Denton to Lone Star Gas Company by Ordinance No.
62-16, Lone Star Gas Company is hereby authorized to construct
and maintain at its own cost and expense all service lines that
transport gas from a common source of supply to (1) a customer
meter or the connection to customer's piping whichever is
farther downstream, or (2) the connection to a customer's
piping if there is no customer meter. A customer meter is the
meter that measures the transfer of gas from an operator to a
consumer.
SECTION II.
This ordinance shall become effective from and after its 13
date of passage.
PASSED AND AF, I-'VED this the ZA
:,f VA ,
day
1981.
C ARD 0. TEWA M YOR
CIT OF DB TON, TEXAS
ATTES .
RS HOLT, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORMS
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY: (I Nii44 Z14,
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January 19, 1981
File: Ct-29355
City of Denton
Municipal Building
Denton, TX 76501
Gentlemen: L,
Reference is being made to your recent request for a water line
crossing 0" kilo °o3t 103 plus 1317.0 feet near Denton, Texas.
We have no cbJections to this water line line crossing snd I am
enclosing duplicate originals of a pipeline license covering this
Installation and stipulating a fee of $1.00, non-collectible. The
license has been executed on behalf of the Railway Company and will
appreciate your further handling for execut!uon on behalf of City of
Denton, Texas, with return of the copy starW "Santa Fe Original' for
completion of our records.
After the license has been executed as indicated and in Ito
present fora, it will be satisfactory to proceed with installation of the
crossing with the understanding that installation will be in accordance
with provisions of the agreement and that you will furnish W. Laura
1Maredith, of Superintendent Caldwell's office, telephone number Area Code
817 3324141, Extension 2799 three days' advance notice of date actual
work on Railway Company property will commence. If there are any
C questions or other information desired pertaining to this subject matter,
you may contact 8. R. Darnell, extension 165, or kr. F. D. Kooprtann,
extension 224.
Yours very truly,
I GNED) J, R. F11Z(.iEML !
y:;t J. n. fitrgereld
General Manager
4"d Mr, R. E. Caldwell - Fort Worth
Attached are six additional copies of Exhibit "A" Print No.
X-5000 dated January 9, 1981, for completion of your file.
JRF
19
Ct 29355
form ia,s sw.dard
(4prowd by o.Mroi s.udrop)
PIPE LINE LICENSE
THIS LICENSE, Made this-_._- 14th --_dap °f_------_ January--._ _ 190
,
between. ....T11E ATCf1150~i_L TglPEM_.AXy-D SPITA FE RAILWAY COHPAyY'-_
Delaware
corporation (hereinafter called "Licensor"), party of the first part, and
CITY OF DENTON TEXAS a 1!unlcipal corporation, acting herein by its
Maycr, hereunto duly authorized,
(hereinattar, whether one or more, caked "licensee"), party of the second part.
WITNESSETH, 74at the parties hereto for the considi-rations hereinafter expressed covenant and
agree as follows:
1. Subject to the terms and conditions hereinafter set forth, Licensor licenses Licensee to construct
and maintain Onz
( 1 ) pipe line.-__,_three hundred six~ei!lhtjoint eight (368.8) feet in length and
54.05)-_------- inches In diameter (hereinafter, whether one or more pipe lines, called the "PIPE
LINE"), across or along the right of way of Licensor at or near the station of..Penton,,-_Centon
County, Texas, exact location of the PIPE LINE being more particularly
shaven by red coloring upon the print hereto attached, No.___X'5430dated. anuary 9,
marked "Exhibit X' and made a part hereof.
2. Licensee shall use the PIPE LINE solely for,.arrying
and shall not use It to carry any other commodity or for any other purpose whatsoever.
8. Licensee all pay Licensor as compensation fo this license the sum of. (1neandNo/100ths
Dollars ($1.00)-------------------------------------------------------------
4. Licensee Shall at its own cost and subloct to the supervision and control of Licensor's chief
engineer, locate, construct and maintain the PIPE LINE In such a manner and of such material that
it will not at any time be a source of danger to or Interference with the present or future tracks,
roadbed and pro gerty of Licensor, or the safe operation of its railroad. In cases where the Licensee
is permitted anor paragraph 2 hereof to use the' PIPE LINE for oil as, etroleum products, or
other flammable or highly volatile substances under ressure the PIP LINM shall constructed,
ns a an ere ter man n In conformity with the plans and Specifications shown on print
hereto attached In such cases, marked Exhibit B and made a part hereof. It at any time Licensee
shall, In the judgment of Licensor, fail to perform properly its obligations under this paragraph, Li-
censor mayy, at its option, itself perform such work as It deems necessary for the safe operation of
its rallroad, and in such event Licensee agrees to pay, within fifteen necessary days after bill shall have
been rendered therefor, the cost so incurred by Licensor, but failure on the part of Licensor to per.
form the obligations of Licensee shall not release Licensee from liability hereunder for loss or damage
occasioned thereby.
6. Licensee shall reimbureb Licensor for any expanse Incurred b Licensor for false work to
support Licensor's tracks and for flagman to protect Its traffic during Installation of the PIPE LINE
and for any and all other expense incurred by Licensor on account of the PIPE LINE.
6. Licensee shall at all times Indemnify and save harmless Licensor againat and payy In full all
loss, damage or expense that Licensor may sustain, Incur or become liable for, resulting in any man-
ner from the construction, maintenance, use, state or repair, or presence of the PIPE LINE, Including
any such loss, damage or expense arl•,qing out of (a) loss of or damage to property, (b) ln)ury to or
death of persons, (c) mechanics' or other (lens of any character, or (d) taxes or assessmos of any kind.
If at any time Licensee shall fall or refuse to comply vHth or carry out any of the covenants
herein contained Licensor may at Its election forthwith revoke this license.
1
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8. THIS LICENSE is given by Licensor and accepted by Licensee upon the express condition that
the same may be terminated at any time by eithar pr,rty upon ten (10) days' notice In writing to be
served upon the other party, stating therein the date that such termination shall take place, and that
upon the termination of this license in this or ar.y other manner herein provided, Licensee, upon de.
mand of Licensor, shall abandon the use of the PIPE LINE and remove the same and restore the right
of way and tracks of Licensor to the same condition in which they were prior to the placing of the
PIPE LINE thereunder. In case Licensee shall fail to restore Licensor's premises as aforesaid within
ten (10) days after the effective date of termination, Licensor may proceed with such work at the
expense of Licensee. No termination hereof shall release Licensee from any liability or obligation here-
under, whether of indemnity or otherwise, resulting from on), acts, ornlssions or events happening
prior to tl-e dale the PIPE LINE Is removed and the right of way and tract; of Licensor restored
as above provided.
9. In the case of the eviction of Licensee by anyone owning or obtaining title to the premises on
which the PIPE LINE is located, or the sale or abandonment by Licensor of said premises, Licensor
shall not be liable to Licensee for any damage of any nature whatsoever or to refund any payment
rnade by Licensee to Licensor hereunder, except the proportionate part of any re-urring rental charge
which may have been paid hereunder in advance
10. Ally notice hereunder to be given by Licensor to Licensee shall be deemed to be properly served
if it be deposited in the United States Mall, postage prepaid, addressed to Licensee at
..F'unici.i!aT!..B~lil-d1 n~._Denton,,_Tt3xas 76501•---•---_..._.__~.----------•----•--------......_..------._....
Any notice to be given hereunder by Licensee to Licensor shall be deemed to be properly served if the
same be deposited in the United States ball, postage prepaid, addressed to Licensor's.__-_.........
Superintendent ati~04_Senta-Fe Bulldiggi,ti4tt~ b_Joaes_Sts,~
Fort Wortho Texas 76102,
11. In the event that two or more parties execute this instrument as Licensee, all the covenants
and agreements of Licensee in this license shall be the joint and several covenants and agreements of
such parties.
12. All the covenants and provisions of this instrument shall be binding upon ar.d inure to the
benefit of the successors, legal representatives and assigns of the parties to the same extent and effect
as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof
by Licensee its successors, legal representatives or assigns, or any subsequent assignee, shall be bind.
ing upon Licensor without the written consent of Licensor in each Instance.
IN WITNESS WHEREOF, The parties have executed this agreement In duplieate the day and
year first above written.
THE_ATgLlI _QNTOPFVJi A1ID SMITA FE RAILWAY COMPANYp(Licensor)
Approved as to Descript'on:
Its _ Ass-stent_to_Gen.ral 14nsr~er
Chief Engineer.
+
Its Mayor
(Licensee)
R 1 9 0 L U T 1 0 N
--o0u-
BE IT ]KNOWN that on this the day of lg
at a regular meeting of the governiNI body of the city of
there can on to be considered the matter of the axe-
cution of a license between the sold City of
and The Atchiian, Topeka and Santa Te Railvay Company,
relating to
at or near slid City of
whereupon the following proceedings were hods
It was moved, wotdsd and unanimously voted that
Mayor, be authorised and sm" red to execute on behalf of
the City of , , such license,
copy of which to hereto attached, and the same be recorded in the Minutes of the
City Commission at the foot of this resolution.
STATF OF )
COUNTY OF
To , City Secretary, do hereby certify
that the above and foregoing is it true and correct c,)py of a resolution passed by
the City Commission of said City to regular session an ,
19 , as the sane appears of record in Book , Page Minutes of
said City Commission,
IN TESTIMONY WHEREOF, witness my hand and the Seal of Said City this
day of , 19, .
C ty Secretary
(SEAL)
1
C~ 29355
EXHIBIT "A"
TO CONTRACT BETWEEN
THE ATCHISOPf TOPEKA AND SANTA FE RAILWAY COMPANY
1.104TI.4CPN DIVISION DALL-L5 DISTRICT
AND
CITY 44= 01:IQ70W TEXAS
COV~~IlJ<~ 4 IJP~r~'ZI_INt; GF'Q5~1,1''a
e•r
c 'NTOW, DEW"(Xi COUNTY, TV1A%.4
SCALE t =!00' A.G.M.-ENGINEERING-AMARILLO, TEXAS No. ;1--5030
DATED: JAQPU'.RY 9, 193!
/ V
CGro4 TQ STA 5451+57 Z
MP 103 f1317
QY. CO. PJWPGRTY LUIS ~7
TO L1dLTON JGT.
TO CLESURN1
c Md 7 4TRK, 7I d T 15. F. RY. CO
Gd3 LILAC
• CANT, KO !?0455
RY. GO,PROP6gfY :.INC ~Oti~\ c
V 2: ~rqr,. P4
MAP /2 Power ST
Ado 3
CARRIER PIPE CASINO PIPE CARRIER PIPE CASING PIPE
O.O. OF PIPE 9.05' 15" - LENGTH ON R/W -50,A --10,
CONTENTS TO BE HANDLED JOAILL ACTUAL WORKING PRESSURE 150 Pf'I
PIPE MATERIAL pj;:•,+-G Ilan+t AMP TYPE OF JOINT 13«t- SFr+tnt SAND
SPECIFICATIONS AND GRADE C6.+15 56 ~-te . COATING
WALL. THICKNESS 0.33 METHOD OF INSTALLATION aRV w*
VENTS I NUMBER SIZE - HEIGHT OF VENT ABOVE GROUND
SEALSI BOTH ENDS ONE END -
BURY: BASE OF RAIL TO TOP OF CASINO `L. FEET -4__ INCHES
BURYI NATURAL GROUND -3.-. FEET -.a_ INCHES INSTALLED A9 PER C.E.S. 5515
BURY: ROADWAY DITCHES Z_ FEET -2- NCHES PLACED BY DRY BORE ONLY
CATHODIC PROTECTION
TYPEISME AND SPACING OF INSULATORS OR SUPPORTS
R/W MAP NO..73-719?1 STA. MAP NO.
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ORDINANCE NO. 81- 0$
ORDINANCE CALLING A BOND ELECTION
THE STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON
WHEREAS, it is deemed necessary and advisable to call the
election hereinafter orderedi and
WHEREAS, it is hereby officially found and determined: that
a case of emergency or urgent: public necessity exists which re-
quires the holding of the meeting at which this ordinance is
passed, such emergency or urgent public necessity being that the
proceeds from the sale of the proposed bonds are required as soon
as possible and without delay for necessary and urgently needed
public improvements; and that said meeting was open to the public,
and public notice of the time, place, and purpose of said meeting
was given, all as required by Vernon's Ann. Civ. St. Article
6252-17.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
1. That an election shall be held on FEBRUARY 281 1981,
in said City at the following designated polling place:
THE COMMUNITY BUILDING IN THE CIVIC CENTER.
Said City shall constitute a single election precinct for said
election, and the following election officers are hereby appoint-
ed to hold said election:
Presiding Judges Lee Knox
Alternate Presiding Judge: Robert E. Miller
2. That the Presiding Judge shall appoint not less than
two qualified election clerks to serve and assist in conducting
said slectioni provided that if the Presiding Judge actually
serves as expected, the Alternate Presiding Judge shall be one
of such clerks.
3. That by approving and signing this Ordinance the Mayor
of said City officially confirms his appointment: of the aforesaid
election officers to serve at said election; and by passing this
Ordinance the governing body of said City approves and concurs
in the appointment of the aforesaid election officers.
4. That all resident, qualified electors of the City shall
be entitled to vote at said election.
5. That notice of said election shall be given by posting
a substantial copy of this Ordinance at the City Hall and at
three other public places in said City, nbt 161s'than 15 days
prior to the date set for said election; and a substantial
copy of this Ordinanc,a also shall be published on the same
day in each of two su4cessive weeks in a newspaper of general
circulation published in said City, the date of tho first publi-
cation to be not leas than 14 days prior to the date set for
said election.
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6. That at said election the following PROPOSITICNS shall
be submitted in accordance with law:
PROPOSITION NO. 1
Shall the City Council of the City of Denton be
authorized to issue the bonds of said City, in one
or more series or issues, in the aggregate principal
amount of $4,700,000, with the bonds of each such
series or issue, respectively, to mature serially with-
in not to exceed forty years from their date, and to
be sold at such prices and bear interest at such rates,
not to exceed the maximum rates permitted by law, as
shall be determined within the discretion of the City
Council, for the purpose of the acquisition of proper-
ty and making improvements for public purposes, to-wit:
rebuilding, repaving, or overlaying streets in said
City; and shall said City Council be authorized to levy
and cause to be assessed and collected annual ad valorem
taxes in an amount sufficient to pay the annual interest
on said bonds and provide a sinking fund to pay said
bonds at maturity?
PROPOSITION NO. 2
Shall the City Council of the City of Denton be
authorized to issue the bonds of said City, in one
or more series or issues, in the aggregate principal
amount of $113001000, with the bonds of each such
series or issue, respectively, to mature serially with-
in not to exceed forty years from their date, and to
be sold at such prices and bear interest at such rates,
not to exceed the maximum rates permitted by law, as
shall be determined within the discretion of the City
Council, for the purpose of the acquisition of proper-
ty and making improvements for public purposes, to-wit:
rebuilding street intersections in said City; and
shall said City Council be authorized to levy and cause
to be assessed and collected annual ad valorem taxes
in an amount sufficient to pay the annual interest on
said bonds and provide a sinking fund to pay said bonds
at maturity?
PROPOSITION No. 3
Shall the City Council of the City of Denton be
authorized to issue the bonds of said City, in one
or more series or issues, in the aggregate principal
amount of $850,0001 with the bonds of each such
series or issue, respectively, to mature sorially with-
in not to exceed forty years from their date, and to
be sold at such prices and bear interest at such rates,
not to exceed the maximum rates permitted by law, as
shall be determined within the discretion of the City
Council, for the purpose of the acquisition of proper-
ty and making improvements for public purposes, to-wits
rerouting Bell Avenue from its present intersection
with Bell Place through the Texas Woman's University
golf course to the present intersection of Bell Avenue
and University; and shall said City Council be author-.
ized to levy and cause to be assessed and collected
annual ad valorem taxes in an amount sufficient to pay
the annual interest on said bonds and provide a sink-
ing fund to pay said bonds at maturity?
-2-
PROPOSITION NO. 4
Shall the City Council of the City of Denton be
authorized to issue the bonds of said City, in one
or more series or issues, in the aggregate principal
amount of $2,800,000, with the bonds of each such
series or issue, respectively, to mature serially with-
in not to exceed forty years from their date, and to
be sold at such prices and bear interest at such rates,
not to exceed the maximum rates permitted by law, as
shall be determined within the discretion of the City
Council, for the purpose of the acquisition of proper-
ty and making improvements for public purposes, to-wit:
constructing a new overpass of the Missruri 6 Pacific
railway tracks on McKinney Street; and shall said City
Council be authorized to levy and cause to be assessed
and collected annual ad valorem taxes in an amount
sufficient to pay the annual interest on said bonds
and provide a sinking fund to pay said bonds at maturity?
7. That the official ballots for said election shall be
prepared in accordance with the Texas Election Code so as to
permit the electors to vote "FOR" or "AGAINST" the aforesaid
PROPOSITIONS, with the ballots to contain such provisions,
markings, and language as required by law, and with such
PROPOSITIONS to be expressed substantially as follows:
PROPOSITION NO. 1
FOR )
THE ISSUANCE OF $41700,000 OF STREET
REBUILDING, REPAVING, OR OVERLAYING
BONDS
AGAINST )
PROPOSITION NO. 2
FOR )
THE ISSUANCE OF $1,100,000 OF STREET
INTERSECTION REBUILDING BONDS
AGAINST )
PROPOSITION NO. 3
FOR )
THE ISSUANCE OF $850,000 OF BELL
} AVENUE REROUTING BONDS
AGAINST )
PROPO; ITION NO. 4
FOR )
THE ISSUANCE OF $21800,000 OF MCKINNEY
} STREET OVERPASS BONDS
AGAINST }
8. That it is hereby found and determined that the prob-
able period of usefulness of the proposed improvements covered
by each of the aforesaid PROPOSITIONS is 30 years.
9. That Article 9, See. 9.02 of the City Charter contains
the following provision and requires this election ordinance to
distinctly specifyi
-3-
I
"(d) A determination of the net debt of the City
after issuance of the bonds thereby authorized, together
with a declaration that the bonds thereby authorized
will be within all debt and other limitations prescrib-
ed by the Constitution and laws of the State of Texas."
The determination is hereby made that the net debt of the City
after the issuance of the bonds herein proposed to be submitted
will be not more than $,g 60D , and it is hereby declared
that said general obligat on b nds will be within all debt and
other limitations prescribed by the Constitution and laws of
the State of Texas.
-4-
CERTIFICATE FOR
ORDINANCE CALLING A BOND ELECTION
THE STATE OF TEXAS
COUNTY OF DENTON ;
CITY OF DENTON
We, the undersigned officers of said City, hereby certify
as follows;
1. The City Council of said City convened in
REGULAR MEETING ON THE 20TH DAY OF JANUARY, 19811
at the municipal Building (City Hall), and the roll was called
of the duly constituted officers and members of said City
Council, to-wit:
Brooks Holt, City Secretary Richard 0. Stewart, Mayor
Dr. A. Ray Stephens Roland Vela
Richard H. Taliaferro Dwight L. Gailey
Charles Hopkins (Vacancy)
and all of said persons were present, except the following
absentees: ,
thus constituting a quorum. Whereupon, among other business,
the following was transacted at said Meeting: a written
ORDINANCE CALLING BOND ELECTION
was duly introduced for the consideration of said City Council
and read in full. It was the%s duly moved and seconded that
said Ordinance be passed; and, after due discussion, said mo-
tion, carrying with it the passage of said Ordinance, prevail-
ed and carried by the following vote:
AYES: All members of said City Council
shown present above voted "Aye".
NOES: None.
2. That a true, full, and correct copy of the aforesaid
Ordinance passed at the Meeting described in the above and fore-
going paragraph is attached to and follows this Certificate;
that said Ordinance has been duly recorded in said City Council's
minutes of said Meeting; that the above and foregoing paragraph
is a true, full, and correct excerpt from said City Council's
minutes of said Meeting pertaining to the passage of said Ordi-
nance; that the persons named in the above and foregoing para-
graph are the duly chosen, qualified, and acting officers and
members of said City Council as indicated therein; that each of
the officers and members of said City Council was duly and suffi-
ciently notified officially and personally, in advance, of the
time, place, and purpose of the aforesaid Meeting, and that said
Ordinance would be introduced and considered for passage at said
Meeting, and each of said officers and members consented, in ad-
vance, to the holding of said Meeting for such purpose; and that
said Meeting was open to the public, and public notice of the
time, place, and purpose of said meeting was given, all as re-
quired by Vernon's Ana. Civ. St. Article 6252-17.
3. That the Mayor of said City has approved, and hereby
approves, the aforesaid Ordinance; that the Mayor and the City
Secretary of said City have duly signed said Ordinance; and
that the Mayor and the City Secretary of said City hereby de-
clare that their signing of this certificate shall constitute
the signing of the attached and following copy of said Ordinance
for all purposes.
SIGNED AND SEALED the 20th day of January, 1 81.
City Seer tart' ayor
EAL)
We, the undersigned, being respectively the City Attorney
and the Bona Attorneys of the City of Denton, Texas, hereby cer-
tify that we prepared and approved as to legality the atached
and following Ordinance prior tQ its assage as foresaid.
C t orne
Bon Attorneys
O
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AV
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NO.
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS,
AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE
CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP
APPLIES TO APPROXIMATELY 1.4491 ACRES OF LAND, AND MORE PARTICULARLY
DESCRIBED HEREINI AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEdHBY ORDAINS:
SECTION I.
The Zoning Classification and Use designation of the following
described property, to-wit:
All that certain lot, tract or parcel of land situated in the
Alexander Hill Survey, Abstract No. 623, Denton County, Texas, being
a part of a certain (called) 2.989 acre tract deeded by H. M. Pitner
and W. C. Herring to 0. J. Hinaker on the 13th day of October, 1969
recorded in Volume 593, Deed Records of said County, and being more
fully described as follows:
BEGINNING at the southwest corner of said 2.389 acre tract at a
steel pin at a fence corner post on the north boundary line of
Lindsey Street]
THENCE north 30 04' west with a fence a distance of 308.3 feet to
a steel pin at a fence corner posh
THENCE north 860 43' east with a fence a distance of 206.3 feet to
a steel pin at the northwest corner of a lot owned by M. W. Pippins
THENCE south 30 17' east a distance of 100.00 feet to a steel pin
at the southwest corner of said Pippin Lotj
THENCE south 30 17' east a distance of 201.96 feet to a steel pin
on the north boundary line of Lindsey Street]
THENCE south 840 58' west with the north boundary line of Lindsey
Street a distancs of 207.56 feet to the point of b9ginning and
containing 1.4491 acres of land.
is hereby changed from Single-Family "SF-7" District Classification
Use to Planned De!elopment "PD" District Classification and Use
under the Comprehcnsive Zoning Ordinance of the ,:ity of Denton,
Texas. The Zoning Map of the City of Denton, Texas, adopted the
14th day of Janur.ry, 1969, as an Appendix to the Code of Ordinances
I of the City of Denton, Texas under Ordinance No, 65-1, be, and the
same is hereby amended to show such change in District
Classification and Use.
SECTION II.
That the City Council of the City of Denton, Texas hereby finds
that such change is in accordance with a comprehensive plan for the
purpose of promoting the S+eneral welfare of the City of Denton,
Texas, and with reasonable consideration, among other things for the
character of the district and for its peculiar suitability or
particular uses, and with a view to conserving the value of the
buildinqs, protecting human lives, and encouraging the most
appropriate uses of land for the maximum benefit to the City of
Denton, TeXis, and its citizens.
Z-1474-1, A. MILLER
r
SECTION III.
That this ordinance shall be in full farce 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 vi the City of Denton, Texas, after
giving due notice thereof.
PASSED AND APPROVED this the .2Q~day of TANUaAV , A. D.
1981.
i
VAR S W T,
;aC
CIT OFD TON, TEXAS
ATTE TS
00
S H LT, CITY SECRETARY
4CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
y
BYt
8-1474-J. A. MILLER
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NO. $1 05
AN ORDINANCE AMENDING CHAPTER 14r ARTICLE It SECTION 14-4(b) OF THE
DENTON CODE OF ORDINANCES, AS AMENDED, TO PROVIDE FOR THE
DISCHARGING OF FIREARMS WITHIN THE CORPORATE LIMITS OF THE CITY OF
DENTON UPON PERMISSION OF THE CITY COUNCIL= PROVIDING FOR A FINE OF
NOT MORE THAN TWO HUNDRED DOLLARS ($200.00) FOR EACH VIOLATION
HEREOF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION
AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I.
That Chapter 14, Article I, Section 14-4(b) of the Code of
Ordinances of the City of Denton, Texas, as amended, is hereby
amended by adding a new Section 14-4(b)(6), which said section shall
read as follows
(6) When the City Council has granted permission to a
person under the authority vested in Chapter 4 of the
Denton Code of ordinances, as amended (also known as
the Denton Animel control Ordinance).
SECTION II.
Any person who shall violate a provision of this ordinance, or
fails to comply therewith or with any of the requirements thereof,
or of a permit or certificate issued thereunder, shall be guilty of
a misdemeanor punishable by a fine not exceeding Two Hundred Dollars
($200.00). Each such person shall be deemed guilty of a separate
offense for each and every day or portion thereof during which any
violation of this ordinance is committed, or continued, and upon
conviction of any such violations such person shall be punished
within the limits above.
SECTION III.
That if any section, subsection, paragraph, sentence, clause,
phrase or word in this ordinance, or application thereof to any
person or circumstances is held invalid by any court of competent
jurisdiction, such holding shall not affect the validity of the
remaining portions of this ordinance, and the City Council of the
City of Denton, Texas, hereby declares it would have enacted such
remaining portions despite any such invalidity,
SECTION IV.
That this ordinance shall become effective fourteen (14) days
from the date of its passage, and the City Secretary is hereby
directed to cause the caption of this or3inance to be published
twice in the Denton Record-Chronicle, the cfficiai newspaper of the
City of Denton, Texas, within ten (10) days of the date of its
passage.
PASSED AND APPROVED this the R 06 day of _ AWufijk9 , 1981.
ARIVHARD . STR*ART', MAIM
CI OF ENTON, TEXAS
ATTES
iBRWKS T, CITY 12CRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORMS
C. J. 'TAYLOR, JR., CITY ATTORNEY
CITY Of DENTON, TEXAS
1-40
Bye
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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 2 ACRES OF LAND, AND MORE PARTICULARLY
DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION I.
The Zoning Classification and Use designation of the following
described property, 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, out of
the William Teague Survey, being part of a 24 acre tract in said
survey conveyed by W. C. Collier and wife to J. H. George by deed
dated March 21, 1944, recorded in Volume 305, Page 138 of the Deed
Records of Denton County, Texas, and more particularly described as
follows:
BEGINNING at a point in the west line of the public road in the east
line of said 24 acre tract, said beginning point being the northeast
corner of a tract of land conveyed by J. H. George and wife to
Raymond H. Sweatman by deed recorded in Volume 316, Pale 564 of the
Deed Records of Denton County, Texas;
a
THENCE west along the north line of said Raymond H. Sweatman's 445
feet to the northwest corner thereof for corner;
THENCE north along the east line of the Jim Johnson tract 196 feet
for corner;
THENCE east parallel with the east line of Raymond H. Sweatman's
tract. 445 feet to the east line of said 24 acre tract and the west
line of said public road;
THENCE south along the east line of said 24 acre tract 196 feet to
the place of beginning containing two acres of land, more or less,
and being the same tract conveyed by R. L. McNabb, et ux to Pearl
May Ellis, a feme sole, by deed dated July 1, 1947, recorded in
Volume 337, Page 90 of the Deed Records of Denton County, Texas,
is hereby changed, from Single-Family "SF-7" District Classification
Use to Light Industrial "LI" District Classification and Use under
the Comprehensive Zoning Ordinance of the City of Denton, Texas.
The Zoning Map of the City of Denton, Texas, adopted the 14th day of
January, 1969, as an Appendix to the Code of Ordinances of the City
of Denton, Texas under Ordinance No. 69-11 be, and the same is
hereby amended to show such change in District Classification and
Use.
SECTION Ile
That the City Council of the City o: Denton, Texas hereby finds
that such change is in accordance with a comprehensive plan for the
purpose of promoting the general welfare of the City of Denton,
Texas, and with reasonable consideration, among other things for the
character of the district and for its peculiar suitability or
articular uses and with a view to conserving the value of the
buildings,. protecting human lives, and encouraging the most
.;apptoprlate uses of land for the maximum benefit to the City of
Denton] Texas, and its citttizens.
Z-1477-MORELLE Ma MILLER
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 _,SV~Iday of SANuAAY , A. D.
1981.
*IAORD STEW TF NTON, TEXAS
ATTEST:
BROOKS 80LT, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON* TEXAS
BY: a,,,-d4 a
7.-1477-MORBLLE M. MIhLER
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R E S O L U T I O N
WHEREAS, a majority of the Council will be out of the City
of Denton on ;.March 3, 1981, and it is necessary that the
council meeting for such date be canceled, NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS:
That the regular council meeting to be held at 7:00 P.M. on
the 3rd day of March, 1981 is hereby canceled.
PASSED AND APPROVED this the 201, day of *ANQgA4
1981.
JR&D i
I HA/EiNTO E RT,MAYO CI OF N, TEXAS
ATTES :
SR KS HOLT, C TY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY CC DENTON, TEXAS
BYs
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INDEPENDENT CONTRACTOR'S AGREEMENT
THE STATE OF TEXAS S
K,:^W ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON S
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 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:
A. Utility Billing Maintenance
B. Rate Study Analys13
C. Solid Waste Maintenance
2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay
Contractor for the services performed hereunder as follows:
A. Amount of Payment for Services:
Twenty-Five Dollars ($25.00) Per Hour.
B. Dates of Payments:
One week after services are performed.
3. SUPERVISION AND CONTROL BY CITfs 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 emplovee 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: All payments to Contractor under this
agreement are to be paid by the City from funds appropriated by
the City Council for such purposes in the Budget of the City of
Denton,
5. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY_ City
agrees to furnish to Contractor the following services and/or
supplies:
1. Computer Time;
2. Terminal Use;
3. Documentation.
b. 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
23rd day of January, 1981, and end after one hundred fifteen
hours (115).
EXECUTED the this 'X)aday of 1981.
CITY OF DENTON, TEXAS
BY r
s
G. HRIS HAR' U
CITY MANAGER
ATTES.
10
A
IMWXS HOLT, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BYE ftc~,t "
CEN 2 CAPAN, C NTRACTOR
That D. B. f;mith, Jr., 19 here des gnated as the person
to administer tEe provision of this agreement,
, OP
W6HR S HARTUN
,a
DATE '4(
CITY MANAGER
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Z30inuary
1981
THE STATE OF TEXAS, x1055 DACE 276 Y 111
IsNO1Y ALL ,U[~N SY Titrm PRESENTS:
COUNTY CIF Denton 1
DEED RECORDS 49
71 IAI' Siru;int Oaks Church of Cth•ist
of Denton County, Texas , in consideration of the sum of
one dollar ($1.00) and no/100--------------------- and other good and valuable consideration
in hand paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by
these presents grant, bargain, sell and convey unto to the City of Denton, Texas the free
and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following
.
described property,
owned by it Si1Ua1ed in Denton C'ounty,'fexas, in the
M. Yoachum Survey, Abstract No. 1442
All that certain lot, tract or parcel of land lyint; and being situated in the City
and County of Denton, Ftate of Texas, being part of the M. YoachUrl Survey, :abstract
No. 1442, and beinC, a part of an 3.813 acre tract conveyed by Wood Street Church of
Christ to Singini, Oaks Church of Christ by deed dated Jule 11, 1968, and recorded
in Volume 567, page. 559 of the Deed Records of Denton County, 'T'exas, and being more
particularly described as follows, to wit:
Beginning, at an iron pin set in the west boundary line of said Sirieing Oaks Church
of Christ tract 126.0 feet North 02 degrees 06 minutes 10 seconds East of the sout.ln-
west corner of sa?.•d Sirrn~~ Oaks Church of Christ tract;
1411
Thence North 02 d ~f k '0nutes 10 seconds East with the west boundary line of said
Singing Oaks Chu 'Christ tract, 16.0 feet to an iron pin set in the ground;
Thence South de ees'S ~inutes 10 seconds East 1.90.3 feet to an iron pin set in th
ground;
Thence South 02 r bps minutes 10 seconds West 16.0 feet to an iron pin set. in the
ground ;
1
Thence North 88 degrees 57 minute; 10 seconds West 190.3 feet to the place of beginnii,g
and containing 0.070 acres of land.
And it Is further agreed that the said City of Denton, Texas
in consideration of the benefits above set out, will remove from the property above described, such fences,
buildings and other obstructions as may now be found upon said property.
For the purpose of constructing, installing , repairing and perpetually maintaining publi
utilities In, along, upon and
across said premises, with the right and privilege at all times of the grantee herein, his or its agents,
employees, workmen and representatives having ingress, egress, and regress in, along upon and across sai(t
premises for the purpose of making additions to, improvements on and repairs to the said
public utilities, or
any part thereof.
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for
0he purposes aforesaid the premises above described.
Mtnese hand thin the } day of M). 19 91
4 of ina Oaks .h ur h of M,;n .
ACKNOWI.FDONIF:NT
THE STATE: OF TEXAS,
COUNTY OF ~a DEMM, ME, the undersigned authority,
in and for said Cortdy, Texas, on this clay porsnnnll) appeared
known to we to be the person '.chose name suhsrrihed to the foregoing Instrument, and acknowledged to me that
he executorl the xa+ne for the purposes and c msidor,ition lhervin expressed.
GIVEN UNDER MY RANT) ANT) SEAL OF OFFICE, This day of A.D. 19
MS.)
Notruy Public, County, Texas
My Commission Expires
ACKNOWLEDGMENT r
THE STATE OF TEXAS, 1
COUNTY OF j BEFORE; MY, E, the undersigned authority,
in end for Bald County, Texas, on this dny personally appeared
known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that
he . executed the same for the purposes lied consideration therein expressed.
GIVEN UNDER MY HAND AND SEAT. OF' OFFIt'K I hi% day of A.D. 19
Notary Puhlie, County, Texas
My Commission Expires
CORPORATION AC'KNOWIXI)WIENT
THE STATE OF TEXAS, i SEFORE ME, the undersigned authority,
COUNTY OF Denton
In and for maid County, Texas, on this day personally appeared ._,Geor&e E. Inman
_ known to me to be the person and oltlcer
whose name Is subscribed to the foregoing instrument end acknowledged to me that the same was the act of the flat(]
,,Singing Oaks Church 4s t, _
a corporation, and thsl he 4 the flame as the act of such corporation for the purposes and consideration therein
expressed, and In the c mein stated.
GIVEN UNDE Ala AND ND SEAL OF OFFICE, This 1,4- day of A.D. 19114.
14 4v CA- -
Notary it, 11CV7_.. _Q_.t ....County, Texu
M Commission Expires a.....SJ.t'
7 I,F,RKPS CERTIFICATE
THE STATE; 0 County
Mi100A,4-
Clerk COUNTY OF of the County Court of said County, do hereby certify that the foregoing instrument of writing dated on the
day of _ . , A. D. 19 , with Its Certificate of Authentication, was filed for
record In my ogles on the _ .....day of _ A. D. 19 , at o'clock M., and duly
recorded this . _ _ day of A. D. 19. at. o'clock M., in the
b ' Records of maid County, In Volume, , on pages,...
W1TNFPS MY HAND ANI?%WQ}1MTHE COUNTY COURT of said County, at office in
0 `t )s, the day and year last nbove written
I County Clerk County, Texas,
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INDEPENDENT CONTRACTOR'S AGREEMENT
THE STATE OF TEXAS S
KNOW ALL MEN BY THESE PRESENTSt `
COUNTY OF DENTON $ ,
The City of Dentcn, Texas, a Municipal Home Rule City
situated in Denton County, Texas; h^-cinafte: called "City",
acting herein by and through its City Manager, and Alice Sidor,
{ hereinafter called Contractor, hereby mutually agree as followst
+ 1. SERVICES TO BE PERFORMEDt City hereby retains
Contractor to perform the hereinafter designated services and f
I
j Contractor agrees to perform the following services:
A. Transcribing.
i
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1 B. Typing.
` 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay
+ Contractor for the services performed hereunder as follows:
A. Amount of Payment for Services:
Three Dollars and Thirty-Five Cents ($3.35) per hour.
1
k,f B. Dates of Payments:
Approximately every two (2) weeks.
3. SUPERVISION AND CONTROL BY CITY: It is mutually
s~
understood and agreed by and between City and Contractor that
Contractor is an independent Contractor and shall not be deemed
~a
a; to be or considered an employee of the City of Denton, Texas
d
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 FUNDSt All payments 1-o Contractor under this
agreement are to be paid by the Citi from funds appropriated by
the City Council for such purposes ',n the Budget of the City of
k
r Denton.
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INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE ONE {
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A .
5. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City agrees to furnish to Contractor the following services and/or
r
supplies:
1. Paper.
2. Typewriter (for use in library).
6. INSURANCE- Contractor shall provide at h13 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
20th day of January, 1981, and end on the 23rd day of April,
1981.
EXECUTED the this 20th day of January, 1981.
CITY OF DENTON, EXAS j
BY:
, NG, Y MAN ER
ATT
ROOKS HOLT, CITY SECRETARY
APPROVED AS TO LEGAL FORM
C. J. TAYLOR, JR., CITY ATTORNEY
Y.
BY: C r
e.' ALICE SIDOR, CONTRACTOR
BYI
That Joella Orr, is hereby designated as the person to
administer the provision of this agreement.
r-r DATE CHRIS A TUNG, CITY MANA R
INDEPENDENT CONTRACTORS AGREEMENT - PAGE TWO
t..._.. 77
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WESTERN SURETY COMPANY
Oil ~ r4meuwrs l /3ondIlllil eamplama
CHICAGO • SIOUX FALLS a DALLAS
PALO ALTO * VALLEY FORCE
CONTINIIATION CURTIRCA'IIl
In consideration of the sum of THIRTY._AND NO/.100--------- i= 70,_00__ ) Dollars,
the Western Surety Company hereby continues In force Bond No, 1415248 in the sum of
---oNE THQl1SGN11_ANP_Zl0/100 -------($1.400.90_.._._1 Dollars,
on behalf of__B$~J_13Q@jcgT~ILt,ER~._~iM_PAUL MILLER AND BOBBY
In favor of CITY-OF DENTON,__TEXAS -
for the term beginning on the--__day of MABCH_ 19-81, and ending
on the -Alth_ day 19.82., subject to all the covenants and
conditions of said Bond heretofore issued.
This continuation is issued upon the express condition that the liability of the Western Surety
j Company under said Bond and this and all continuations thereof shall not be cumulative and shall in
{s,!I no event exceed the total sum above written.
ir' p~p,n' r
! { thil-. 6th - -day of r 3A8~L~_ 19_$1
ail{Il :w1 aQfl,l~~I WESTERN SURETY COMPANY
E!' Wiry
By- -
' Joe rby, President
{I f "Continuation CertiEcate" MUST BE LE 1TEi THE A E ND
I
91ii 1~r1~c /Ili~cCA'
Uwe
CCAAII,, ~~f
r GO -
THE STATE OF TEXAS, VA1057 Fm 575,,
KNOW ALL hIEN BY T1111SE PRESENTS:
' COIINTF (IF Denton
l l In l DEED REOURDS 2422
Michael D. Lawrence ,
of Denton County, Texas in consideration of the suin of
One Dollar ($1.00) and no/100----------------------and other good and valuable consideration
in hand paid by the City of Denton, Texas ~eccipt of which is Fcreby acknowledged, do by
these presents grant, bargain, sell and convey unto to the City of Denton, Texas , the free
and uninterrupted use, liberty and privilege of the passage ln, along, upon and across the following
described property,
owned by him Situated in Denton ('ounty,'Iexas, in the
J. McGowan Survey, Abstract No. 797
All char certain lot, tract or parcel of land lying and being situatrJ in the City and
County of Denton, State of Texas, and being part of the J. McGowan Survey, Abstract
No. 797, and being part of Lot No.l, Block 4-R of the Southridge Center Addition, and
addition to the City and County of Denton, and also being part of a tract of land as
conveyed from :Robert A. Nichols to Michael D. Lawrence by Dred dated 1-7-80 and recorde
in Volume 995, Page 275 of the Deed Records of Denton County, Texas, and more particula
described as follows:
Beginning at the northwest corner of said lot, said point of Beginning, also being the
intersection of the South right-of-way line of Londonderry lane with east right-of-way
line of Tealsey Lane;
Thence North 88 degrees 36' east along the north boun'ary line of said lot and the soutl
right-of-way line of Londonderry Lane, a distance of 2: feet to a point for a corr:er;
Thence South 75 degrees 05' 04" west a distance of 25.67 feet to a point for a comer
in the west boundary line of Bald lot and the east right.- of-way line of 'Teasley Lane;
Thence North 1 degrees 46' west along eaid line a distance: of 6.0 feet to the place of
beginning and containing 75 square feet of land more or leas.
And it is further agreed that the said City of Denton, Texas
in consideration of the benefits above set out, will remove from the property above described, such fences,
buildings and other obstructions as may now be found upon said property.
For the purpose of constructing, installing, repairing and perpetually maintaining
public utilities in, along, upon and
an,,-oss said premises, kgWjNj6Lt and privilege at all tines of the grantee herein, his or Its agents,
employees, workr having ingress, egress, and regress in, along upon and across said
premises for the rp e g a iti s to, improvements on and repairs to the said
public utilit es or
any part thereof
TO HAVE A 110 u aid City of Denton, Texas as aforesaid for
O
the purposes aforesai th(m'hbve described.
ob4.
Witness AN hand , this the 2, day of 7a. A,-j A.D. 19 81
Michael D. Laurence
ACKNOWLEDGMENT
THE STATE OF TEXAS, L
COUNTY OF Denton BEFORE ME, the undcrAIgned authority,
in ina for said County. Texas, on this d.ry pr,:nn,,lly appeared Michael D. Lawrence r
known to nee to be the per ho ir;
be tAy Pubscribwi to the furrgoing instrument, and acknowledged to me that
i10 executed t and considozatiun therein expressed
GIVEN UND h HAN AND , F OFFICF, This day of I~i.:I.U,r'C r"~ A.D. l9 ~ E
I[,.S ~ r r,,, I
Yotiiiy Public h l t~~tifr County, Texas
dIy Commission Explies ?_I~ LK.?,~1
CKNOWLEDGMENT
THE STATE 0
COUNTY OF BEFORE 31E, the undcreirned authority,
in and for said County, Texas, on t Is day personally arpenred
known to me to be the person whose name suhscribed to the foregoing Instrument, And acknowledged to me that
he. executed the same for the purposes and consldrrnticn therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, Thin day of A. D. 19
(L.S,)
Notary Public, County, Texas
My Commission Expires
THE CORPORATION ACKNOWLEDGMENT
STATF. OF TEXAS,
COUNTY OF. BFFURF: DIE, the undersigned authority,
in and for said County, Texas, on this day personally appeared
whose nano Is subscribed to the foregoing instrument and acknowledged to tne nth at the ssmebwas the act ofn he said
a corp,)ra'.ton, and that he executed the same as the act of such curporation for the purposes and cur,sideratlon therein
exprcasej, and In the capacity herein stated.
'JIVF.N UNDER MY FIAND AND SEAL OF OFFICE, This day of , A.D. 19
(L.S.) Notary Public, _............____.._..----.......CovntY, Texas
My Commission Exalreo .
CLERK'S CERTIFICATE
THE STATE OF TEXAS,
COUNTY OF I' Clerk Clerk of the County Court of maid County, do hereby certify that the foregoing instrument of writing dated on the
day of , A. D. 19 with its Certificate of Authentleatlon, was filed for
record in my office on the day of A. D. 19 at o'clock M., and duty
recorded this day of._._. A. D. ID . _ , at o'clock M., In the
Records of said County, in Volume_ on pagea_
WITNESS MY HAND AND SEAL OF THE COUNTY COURT of said Coumty, al office In
, the day and year last shore written.
County Clerk County, Texas.
L. S.) By _ Deputy.
NCO
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i lgg1d34 ` + 0~ I tom,
A a I,
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VOL 057 ilcVar
.
low )D 0 P.O. #4661
STANDARD FORM OF AGREEMENT
STATE OF TEXAS
COUNTY OF Denton
THIS AGREEMENT, made and entered into this 22 day of
January A.D., 19 81 , by and between The City
of Denton of the County of Denton
and State of Texas, acting through John J. Marshall, C.P.M.
Purchasing Agent
thereunto duly authorized so to do, Party of the First Part, herein-
after termed OWNER, and Marriott Brothers, 113 Kline Drive,
P.O. Box 29672, Dallas, Texas 75229 214/247-9681
of the City of Dallas , County of Dallas
and State of Texas., Party of the Second Part, herein-
after termed CONTRACTOR.
WITNESSETH: That for and in consideration of the p•yments
and agreements hereinafter mentioned, to be made and performed by
the Party of the First Part (OWNER), and under the conditions
expressed in bond 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:
Paving and Drainage Improvements on McKinney Street located in the
City of Denton and all extra work in connection therewith, under the
terms as stated in the General Conditions of the Agreement and at
his (or their) own proper cost and expense to furnish all the
materials, supplies, machinery, equipment, tools, superintendence,
labor, insurance, and other accessories and services necessary to
complete the said construction, in aacordar,ce with the conditions
and prices stated in the Proposal attached hereto, and in accordance
with the Notice to Contractors, General and Special Conditions of
Agreement, Plans and other drawings and printed or written
explanatory matter thereof, and the specifications and addenda
therefore, as prepared by
Rick A. Svehla, P.E.
Director of Public Works
herein entitled the ENGINEER, each of which has been identified by
the CONTRACTOR and the ENGINEER, together wif:h the CONTRACTOR'S
written Proposal, the General Conditions of the Agreement, and the
Performance and Payment and Maintenance Bonds hereto attached; all
of which are made a part hereof and collectively evidence and
coostitute the entire contract.
The CONTRACTOR hereby agrees to commence work within fifteen
(15) days after the date written notice to do so shall have been
given to him, and to substantially complete the same within
I9__ working ,days after the date of the wr't!en
no,:ice to commence work, subject to such extensions of time as are
provided by the General a(id Specia', vonditions.
The OWNER agrees to pay the CONTRACTOR in current funds the
price or prices shown in the proposal, which forms a part of this
contract, such payments to be subject to the General and Special
Conditions of the Contract.
V WITNESS WHEREOF, the parties to these presents have executed this
Agreement in the year and day first above written.
City of Denton, Texas Marriott Brothers, Inc.
Party o the Firs art arty o the Second Part
(OWNER) (CONTRACTOR)
By
Attest: *Urw Attes ass s--,
SF-2 Revised December 18, 1980
• PERFORMANCE BOND
STATE OF TEXAS
COUNTY OF Dallas
KNOW ALL MEN BY THESE PRESENTS: That Marriott 8rgth rs nc.
_of the City of Dallas
County of Gai ias a:iG Stat,: of Texas
as
principal, and Highlands Insurance Company
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
Denron, Texas in the penal sum of Eight hundred one thousand,
seventy and 75/100 Dollars 801,070.75 ) 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 Principat has entered into a certain
written contract with the City of Denton, dated the 22nd day
of January , 1981
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that
if the said Principal shall faithfully perform said Contract and
shall in all respects duly and faithfully observe and perform all
and singular the covenants, conditions and agreements in and by said
contract agreed and covenanted 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
obligation shall be voidr otherwise to remain in full force and
effect;
PB-1
t
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.
no change, extension~ of for value received, stipulates and agrees that
the contract, or to the work performed thereunder, or the plans,
spe,;ifications, ue drawings accompanying the same, shall in anywise
affect its obligation on this bond, and it does hereby waive notice
of any si~ch change, extension of time, alteration or addition to the
terms of the contract, or to the work to be performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have
signed and sealed this instrument this 27th -day of January
19 81
Marriott Brothers, Inc. -Highlands Insurance Company
PRINCIPAL SURETY
By
By Cam, ii/A.~
Bo rb. a4rroo ttr. ~iae nvo~nsvri
Title President Title Attorney-in-fact
Address: 113 Kline Drive Address: 2930 Turtle Creek Plaza
P. U. Box 29672 Suite 208
Dallas, Tex, 75229 Dallas, Tex. 75219
The name and address of the Resident Agent of Surety is:
sway Saunders Co. of Dallas
2930 Turtle Creek Plaza, Suite 208, Dallas, Tex. 75219
PB-2
PAYMENT BOND
STATE OF TEXAS
COUNTY OF Dallas
KNOW ALL MEN -BY THESE PRESENTS: That Marriott Brothers, Inc.
of the City of Dallas
County of Dallas and the State of Texas
as Principal, and Highlands Insurance Company
authorized under the laws of the State of Texas to act as Surety on
bonds for principals, are held and firmly bound unto the City of
Denton, Texas, in the penal sum of Eight hundred one thousand ,
seventy and 75/100 Dollars 801,070.75 ) for the payment whereof,
the said Principal and Surety bind themselves and their heirs, ad-
ministrators, executors, successors and assigns, jointly and several-
ly, by these presents:
WHEREAS, the Principal has entered into a certain written con-
tract with the City of Denton, dated the 22nd day of January
19 , 81 ,
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 prosecution of the work
provided for in said contract, then this obligation shall be void,
otherwise to remain in full force and effectr
PB-3
.
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 agrees that no
change, extension of time, alteration or addition to the terms of
the contract, or to the work performed thereunder, or the plans,
specifications, or drawings accompanying the same, shall in anywise
affect its obligation on this bond, and it does hereby waive notice
of any such change, extension of time, alteration or addition to the
terms cf the contract, or to the work to be performed thereunder,
IN WITNESS WHEREOF, the said Principal and Surety have
signed and sealed this instrument this 27th day of January
19 81 ,
Marriott Brothers, Inc. Highlands Insurance Company
PRINCIPAL SURETY
ey.r rL.41/
noooy u. arr o By r. r1dU oRso`n~
Title President - Title Attorney-in-fact
Address:_ 113 Kline Drive Address: 2930 Turtle Creek Plaza
P. 0. Box 29672 Suite 208
Dallas, Texas 75229 Dallas, Texas 75219
The name and address of the Resident Agent of Surety is:
Ordway Saunders Company of Dallas
2930 Turtle Creek Plaza, Suite 208, Dallas, Texas 75219
P"
HIGHLANDS INSURANCE COMPANY
HOUSTON, TEXAS
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That the Highlands Insurance Company, a corporation. duly inco,,vrated under the laws of the State of Texas, doth
hereby constitute and appoint Robert H. Davis, E. Mae Robinson, Jointly or Severally
of the City of Dallas , State of Texas to be
it, true and lawful attorney-in•fact for the following purposes, to-wit:
To sign its name as surety, and to execute, seal and acknowledge any and all bonds, ;ecognitance; obligations.
stipulations, undertakings or anything in the nature of the same, and to respectively do and perform any Pnd ail acts and
I;vngs set fonh in the appended resolution of the Board of Directors of the said Highlands Insurance Company; provided,
t.iat the penal sum of no single one of such bonds, recognivnces, obligations, stipulations or undertakings shall exceed she
su,n of
Unlimited
Dollars
(SUnlimited the Company hereby ratifying and confirming all and whatsoever the said intorney'm•fact
may lawfully do in the premises by virtue of these presents, but reserving to itself full power of subsirtution and revocation.
IN WITNESS WHEREOF, the said Highlands Insuiance Company, pursuant to a resolution passed by its Board of
Directors, at a meeting held on the 24th day of July, A.D., 1974• a certified copy of which is hereto annexed, has caused
these presents to be sealed with its corporate seal, duly attested by the signature of its President,Vice Presidents, Assistant
Vice Presidents and Secretary this 22nd day of - February A.D. 19-2-
HIGHLANDS INSURANCE COMPANY
Rut ~
Secretarv VI%e President
STATE OF TEXAS
COUNTY OF HARRIS,
CITY OF HOUSTON.
On this -.22nd day in the y~ai 10 79 befoic me persunall)
appeared L. Darnold to me known, who,
being by me duly sworn. did depose and say: That he resides in Houston, Texas; that he is Vice President of the Highlands
Underwriters Insurance Company, the corporation described In and which executed the above Instrument; that he knows the
Spell of said corporation; that the Seal affixed to said instrument Is such corporation Seal; that it was affixed to such Instru-
ment by and under authority conferred by the Board of Directors of said corporation; and that he signed his name thereto
by like authority.
+%1ot
/N!~ Notary Public. Harris Cnurq. Texas
{ 1
• 1 {
RESOLUTION
RESOLVED, that this Company do. and it hereby don authorize and empower its President or any one of its
Senior Vice Presidents, Vice Residents or Assistant Vice Pttstdenls. in conjunction wish any one of its Secretaries or any
one of its Aatstant Secretaries, under its corporate seat, to execute and deliver or to appoint any person or persons as
attomey-in•fact or atiomeys•inrfact, or agent or agents of this Company. in its name and as set act. to execute and deliver
any and adi contracts guaranteeing the fidelity of persons holding positrons of public ur private trust, guaranteeing the
performance of contracts other than insurance policies and executing or guaranteeing bonds and uronlakings. required or
permitted in all actions or proceedings, or by law allowed; and, in its name and as its attorney-in•fact or attorneys in-lac I.
or agent or agents, to execute and guarantee the conditions of any and all bonds, recotntzances. obligations, stipu'atlons.
undertakings or anything in the nature of the same, which are or may by law, municipal or otherwise, or by any Statute
of the United States or of any State or Territory of she United Stain, or by the rules, regulations, orders. ;ustoms,
practice or discretion of any bond, body, orµnuation, office or officar, local municipal or otherwise, be alloyed,
required or permitted to be executed, made, taken, given, tendered, accepted, filed or recorded for the severity of
prolection of, by or for any person or penons, corporation, body. office, interest, municipality or other ai iation of
orpnization wiutaoever, in any and all capacities whatsoever, conditioned for the doing or not doing of anything or am
conditions which may be provided for in any such bond, recognizance, obligation, stipulation or underuking, or anything
In the nature of the same; the nature, class or extent of the instruments so authorized to be specified in such power of
attorney.
FURTHER RESOLVED, That the signature of any of the persons described in the foregoing resolution inal h. O~
faaimde signatures as fixed or reproduced by any form of typing, printing, stamping or other reproduction of the Manley
of tLe penons hereinabove authorized.
I D. S. Walker Secretary of Highlands Insurance Company. hereby certiry than X
at a meeting of the Board of Directors of said Company, duly called and held at the office of the Company at the Cie 0
of Houstim on the 29th day of July, A.D., 1974, at which was present a quorum of said Directors. duly authorized ill
act in the premiss, resolutions were passed and entered on the minutes of said Company, of which resolutions 1i1.r
foregoing is a true copy and of the whole thereof
its
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of Highlands Insurance Company, this
22nd day of- February A.D.19 79
Secretary
~ irafa
STATE OF TEXAS
COUNTY OF HARRIS
1, D. E. Walker Secretary of Highlands Insurance Company. do hereby cemly
the above and foregoing is a true and correct copy of a Power of Attorney. executed by said Highlands insurance
Company. which is still in full force and effect.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the seal Ilf and Company in the (iry rt
Houston, Texas, this 27th day of_„ January A.D. 19-W-.
1
a' ~ Jh'itran
r
THE STATE OF TEXAS X ' KNOW ALL MEN BY-rHESE PRESENTS
COUNTY OF DENTON X r WD 20162
D RECUNIf~
THAT WE, WALDEN POWELL NAYLOR and HUSBAND CARL GRADY NAYLOR,
for and in consideration of the sum of one dollar ($1,00) cash to
us in hand paid by the City of Denton, Texas, a municipal corporation
of the County of Denton, State of Texas, the receipt of which is
hereby e::kno=fledged, and oth?r good -nd ~1;cable consideration in-
cluding the benefits that will accrue to our property, do hereby
GIVE, GRANT and EXTEND to the said City of Denton, Texas, its
successors and assigns, the right to construct, reconstruct, and
perpetually maintain an electric transmission power lines and ap-
purtenances in, upon and across the following; tract of land.
All that certain lot, tract, or parcel of land situated in the lforreau
Forrest Survey, Abstract No. 417, Denton County, Texas, and being part
of Lot 1, Block B of the Subdivision of the Morreau Forrest Survey and
also being part of a tract deeded to Walden Powell recorded in Volume
299, page 567 of the Deed Records of Denton County, Texas and being
more particularly described as follows.
Beginning at a point South 3 degrees 15 minutes West 123.7 feet from
the northwest corner of said Lot 1;
Thence South 87 degrees East 1472.2 feet to a point in Powell's Fast
line;
Thence South 3 degrees 15 minutes West with Powell's East line 70
feet to a point for a corner;
Thence North 87 degrees West 1472.2 feet to a point in the West line of
said Lot 1;
Thence North 3 degrees 15 minutes East 70 feet to the Place of Beginning
and containing 2.366 acres.
TO KAVE AND TO BOLD, all and singular, the privileges aforesaid
to it, the said City of Denton. Texas, its successors and assigns for-
ever, togethIr with the right and privilege, at any and all times to
enter sa,y4,$rem0es,or.'any part thereof, for the purpose of constructing,
reconatrpcting and perpetually maintaining said electric transmission
powar3 es,togpther With necessary appurtenances, and for making con-
, ,
nections therewith; all upon the condition that the City of Denton,
Texas, will at all times, after doing any work in connection with the
construction, reconstructio% or repair of said electric transmission
M
vot 1057 ME 93
power lines riestore said premises as nearly as possible to the condition
in which same were found before such work was undertaken, including
repair of all fences that might be disturbed or damaged in performing
said work, and further upon the condition that in the use of the afore-
said rights and privileges herein granted, the City of Denton, Texas
will not create a nuisance or any act that will be detrimental to said
premises and that said tract will not be ue-ad by ;aid City of Denton,
Texas for any other purpose, under this grant, except as herein provided
14ITNESS OUR HANDS this day of 1981.
1
loddLwal
Walden owe ay or
Car Gray Naylor
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 Walden Powel Naylor and Carl
Grady Naylor, known to me to be the persons whose names are sub-
scribed 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 :,)9 day of ~ c R>
1981,
ot1 firv -5611c. n an or
Dentoi County, Texas
ti My commission expires r I f^✓1
bx pE~it~'
Y
ADDENDUM NUMBER ONE
For and in addition to the consideration herein expressed,
Grantee agrees to the following provisions:
1. Grantee will clean up and remove from the surface of
the land all rocks and other debris resulting from
public utilities installation which is large enough
in size to interfere with a tractor and mower operation
in mowing the pasture land,
2, The Grantor retains the wood, from the trees which are
removed to construct the power lines.
APPROVED:
R.E. Nelson
Director of Utilities
t-
a en owel~'-NNaylor
earl Grady Nayldr
A : I
14 F t
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1
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iv
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1059 fgA160
THE STATE OF TEXAS § va(
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON S
REED RECORDS EASEMENT yrrl~
That DENTON INDEPENDENT SCHOOL DISTRICT of Denton
County, Texas, in consideration of the sum of Ten and No/100
Dollars ($10.00) and other good and valuable consideration
in hand paid by the City of Denton, the receipt of which is
hereby acknowledged, do by these presents grant, bargain,
soli and convey unto 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 it, situated in Denton County, Texas:
All that certain lot, tract or parcel of land situated in
the C. Poullalier Survey, A-1006, Denton County, Texas, and
containing 6560.94 square feet, more or less, and boing more
fully described in Exhibit: "A" attached hereto and by refer-
ence made a part hereof.
And it is further agreed that the said City of
Denton, Texas, in consideration of the benefits above set
out, will remove from the property above described, such
fences, buildings and other obstructions as may now be found
upon said property. For the purpose of constructing, installing,
repairing and perpetually maj'.ntaining public utilities in,
along, upon and across said premises, with the right and
privilege at all times of the grantee herein, his or its
agents, employees, workmen and representatives having ingress,
egress, and regress in, along,upon and across said premises
for the purposo of making additions to, improvements on and
repairs to the said public utilities, or any part thereof.
The grant of this easement is subject to the
further covenant, consideration and condition that the
following restrictions shall in all things bo observed,
followed and complied with:
(a) The above-described realty, or any part thereof,
shall not be used in the operation of, or in conjunction
with, any school or other institution of learning, study or
instruction which discriminates against any person because
of his race, color or national origin, regardless of whether
such discrimination be effected by design or otherwise.
(b) ' The above described realt7,•or any part thereof,
shall not be used in the operation of, or in conjunction
with, any e.-hool or other institution of learning, sthdy or
instructidn which creates, maintains, reinforces, renews, or
encourages, or which tends to create, maintain, reinforce,
renew or encourage, a dual school system.
These restrictions and conditions shall be binding upon
the Grantee, the City of Denton, Texas, its successors and
assigns, for a period of fifty ;50) years from the date
hereof; and in caso of a viola'ion of either or both of the
above restrictions, the estate herein granted shall, without
entry or suit, immeOiately revert to and vest in the Grantor
herein end. its Pn(-cPSaor-. this tr-tr•im^,nt shall be null and
void, and Grantor and its successors shall be entitled to
immediate possession of such premises and the improvements
thereon; and no act or omission upon the part of Grantor
herein and its successors shall be a waiver of the operation
or enforcement of such condition.
The restriction set out in (a) above shall be construed
to be for the benefit of any person prejudiced by its violation.
The restriction specified in (b) above shall be construed to
be for the benefit of any public school district or any
person prejudiced by its violation.
TO HAVE AND TO H01D unto the said City of Denton,
Texas, as aforesaid for the purposes aforesaid the premises
above described.
WITNESS its hand on J,~w•+ F.4, 1981.
DENTON IND/F~PENDENT SCHOOL DISTRICT
By,
;'h~.~ Cyp President, Board of Trustees
A_TZ!, T t s
fo. L c rl
;'Sedr~tiar~ ~
rp~~•j1tyr
TA -"ATE OF TEXAS [
COUNTY OF DENTON [
BEFORE ME, the undersigned authority, a Notary
Public in an for sai County, Texas, on this day personally
appeared _I!r , known to me to be the
person whose name s su scrT5eco the foregoing instrument,
and acknowledged to me that he executed the same for the
purposes and consideration therein expressed, and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, on
~''•Ntv A 1981. n
d' t Notary Pu c dnd o`r
bl c
If rr X.
Denton County, Texas
My Commission Expires ry .9 /opr.s._
vo 105)3 WE 161
r ,
EXHIBIT "A" YAM pw162
I'
All that certain lot, tract or parcel of land lying and being situated in the City and
County of Penton, State of Texas, and being part of the C.Qoullalier Survey, Abstract
~I
J No. 1006, and also being part of a tract of land as conveyed from Henry S. Miller
I Co., Trustee to Denton Independent School District by Deed dated 10-5-79 and recorded
in Volume 979, Page 174 of the Deed Records of Denton County, Texas, and more particu-
larly described as follows: Beginning at the northwest corner of said school tract,
said point lying in the south right- of-way line of Teasley Lane (FM2181);
I Thence south 890 35152" east along the north boundary line of said school tract and
the :,ouch right -of-way line of said road, a distance 537.84 feet to the beginning of
a curve to the right, having a central angle of 10003155", and a radius of 674.25
feet, chord bearing south 84° 33'54" East and chord length of 118.3';
Thence easterly along said curve and right- of-way a distance of 118.45 feet to the
northeast corner of said tract;
~i Thence south 0°41116" east along the east boundary tine of said tract a distance 10.03
and
et of 664.25 beginning feet, chord curve bearing the of left, North having 840 central
a radius
west angle and chord O length of
118.49 feet;
Thence westerly along said curve 10 feet south of and parallel to the north boundary
line of said tract and south right-of -way a distance of 118.65 feet to a point;
Thence north 89035'52" west 10 feet south of and parallel to the north boundary line
k of said tract and south right-of-way a distance of 538.11 feet to a point for a
I corner in the west boundary line of said tract;
Thence North 1056157" east along said line a distance of 10.0 feet to the place of
beginning and containing 6560.94 square feet of land more or less.
W~ i)F mm 1 RIM OF OEBmm
00" ClE1t)R, 00114 Coun
~ Texas
tlaf~~ ~fy~tyf Ihls Instrument was s filed on the
Wed In *1 VDFUMPod by me and was duly ra•
W Denton Coun d of tAs oam,:d records
ty, Teaas as re
ti^rcon by ma.
FEB 2 1981
ps ~r A~ aka v °~`+a
~e.
~uafr N004 coun§& law J 4
Y~
1321 JAN 30 d11 0 26 0
y rn ° LJ TEX,
vot l053 va 163
ti., ra
I' r
The
4650 Spring Road
r C r
Brooklyn D s r Brooklyn Heights, Ohio 44131
~•:qR 25 198f (2161351.7444
Leo,ooi tnu-P,mi te<
MASTER LEASE AGREEMEN'r
LESSEE: Lease No. 81-111 -
Name: City of Penton
Address: 215 East McKinney - 1-14-81
Denton, TX 76201
Contact: Mr. Scooter Smith _ Ti No(817Z._566-8492____,_
D b D FINANCIAL ENTERPRISES, INC., an Oho corporation, hereinafter referred to as the "Lessor," fur the rents and
upon the terms and conditions set forth in this Agreement, does hereby agree with the Lessee narned above as fuiiows wuh
respect to the lease and demise of the items of leased PloPelty nd cated herein
1. Reference to Schedules.
This Agreement sets forth the terms and conditions upon which the Lessor and the lessee have ayrred with respect to the
lease and demise of certain items of leased property rs more fully described herein Reference he eby is made to Srhedufe A
appended hereto and to such other Schedule or Schedules. consecutively lettered, as may, from time to l me, b t sttdLhed hereto
and/or incorporated herein by reference roe a deter ption of each item of property leased hereunder, the to m of the within lease
with respect to each such item of leased property, the monthly rents rid other charges to be pad by the Lessee Therei aril any
other specific provisions supplementing or modifying the terms and conditions he tot w'th respect thcteru
2. Leased Property.
The Lessor does hereby lease and demise to the Lessee and the Lessee does hereby rent and Icase ho n the lessor, the equ p
merit, machinery and other articles of personal property described in Schedule A appended hereto,Tuycther with such other items
of leased property as may from time to time, be described in any additional Schedules sublect heirto, upon the Ierms and
conditions set forth in this Agreement, as supplemented at modified with respect to each such tells ul Irdsed property by the terns
and conditions set forth in the respective Schedule rdent lying the same All of the euu,prnenT, rrrach neiy ev+d other ,uncles of
personal property that are hereby or subsequently leased by the Lessor to the Lessee hereunder ere refe ed to hrvein as the
"leased property."
3. Term.
The term of this Lease with respect to each item ul leased property shall be for a pcnod urn6i110y of the number ul eunsecu
live month, o+ other period of time, set forth in the iespective Schedule identifying sdld lum of tcex(I plopnty, cr)(TinivioC lily (IM
the date the first rental payment is due, and termmatusy the app oprtate number of full months, or othei (terrod of ttmr. Ihe+edlter
The provisions of this Agreement shell be effective as ul the date accepted and executed by the lervur, and shalt cont rtue in lurce
and effect until the expiration of the term of the Iasi remaming Schedule sublect hereto
4. Points.
During the term of this Agreement, rents in the 0999egdte amount set forth in Schedule A end in any uther Schrdute
subject hereto shall be paid by the lessee, in advance, on at IKlore the first d,ry of earh munch, tar uiherrental pviiod for which
the some Is due, to the Lessor at the address set forth above, of to its Assignee, as desci bed us Pei,tytalrh 10 below ut to such usher
person or at such other place as the Lessor may designate, hum time lu time, rrs will rig
of
a
S. Disclaimer of Warranties.
LESSOR HAS MADE AND MAKES, AND LESSEE RELIES UPON, NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE
SUITABILITY OR DURABILITY OF THE LEASED PROPERTY FOR THE PURPOSES AND USES OF LESSEE, AND LESSOR EXPRESSLY
DISCLAIMS ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE LEASED PROPERTY, EXPRESS OR IMPLIED, INCLUDING'
ANY WARRANTY OF MERCHANTABILITY, FITNESS OR ADEQUACY FOR A PARTICULAR PURPOSE, OR USE, QUALITY, PRODUCTIVE.
NESS OR CAPACITY.
5. Title e,0 Leased Ptoporty,
Title to each item of reased properly shall be and remain in lessor during the term of this lease and thereafter. All items of leased property shall
W and shall remain personal property hnwever the same may be or become alh.ed, strached or Appurtenant to realty Lessor shall be permitted todts
play notice of its ownership and of the nature of the leased property by alloting to eac"R such item of leased property an identifying sticker, plate or
stencil or other indicts thereof.
7. Delivery, Lessor Lessor's
The leased property shall be delivered to and installed by>tttR'R, aliXill .jp sole cost and empti It is acknowledged and understood that the
date specified lot delivery of the leased properly is an estimate of the approm,mare data of delivery anlf not A gwr+^,r.r •M sat L:nor shall not be liable
for any lost or damage •esultinp from failure or delay in dehvefy due to any Feasun beyond the control us lesser, provided that in the event of any such
failure or urloy in uelivery, an appropriate adjustment in the commencement date of the term ul this Lease with respect th"at" shall be made in order
to assure Lessee the use and enjoyment of said leased properly fat the lull film specified therefor, which xdjuslmenr shall be reflected by an Instrument
duty approved and executed by Lessor end Lessee
S. Removal, Inspection and Surrender of Leased Property,
The leased properly shall not be removed train tit premises of Lessee to which the same originally was delivered without the prior "Fijian con
sent of Lessor. Lessor, and its agents and repro renLi, es. Mall have the right, from time to time, to enter Upon the p,em6N of I. estre or or,hi e, the
leased property may be loomed, at reasonable times, lu- puiposes of inspel.l,hg the leased property Upon the wm,nabon or earns, e.p„abun ul this
Lease with respeti to each item of leased property, su;h item of leased property shall tie surrtnde,ed to Learn in the sundo,on In which urig,nally de
livered, normal wear and tearemcepted, and m condition acceptable to, coverage by any maintenance or watrarlly Oil's neM In elletr with Irsfreeh Ihaeto.
to be returned at Lessee's cost and empente by common collier, w,M freivn+ and all other cost ul patting cral,r,g niif sn,pmeni prepaid to the point of
destination designated by Lessor, in writing, for such disposition as lessor may dote, mine
9. Use of Leased Proper,
Lessee shall use and operate the leased property in a careful and p,oyet manner, nut in t.tess of the sled jr, roes ihe,tfot, and shall nul use
the leased property for any illegal purpose or to violation of any law At sit ulnes dill „rg the trim of this l tau, l rstee shall rwnply rv,o, all taws. repo
cations and ordinances pertaining to the possession, use and maintenance or hill Ili p„iperly and w,ih the le,n+s ul any Iran a uhher rp eernrnt per.
raining to the premises in which the leased property is khpt up used
t ~ ~fl$88~{~.f~'$f~Afi43'
I R r t
I
1
s
a ~a
e,1. Modifications and Additions to feared Properly,
Lessee shall make no modifications of at anaral,antl ear additions to the leased properly wohout fast having ubra,ned the w olon consent at Lessor
Any end all additions, features, euachments and accessions that may tH made a~ alfi Red to the Ifawd poor, ry shall becumt a pat 1 of the teased toope,ly and
short be the property of Lessot, provided that in the event that any such addition or learwe is leased by lessee fiom any pet son of entity what than lessor,
the rights of Lessor thereto accrurndby reason eat this afagraph It shall Wand remain si,biech to the te,ms eat Ruth tease II ui Fey~rc+ed by lessor, Lessee
shelluuse any tech addition oe feature to De severed end removed from the lrasrd poctew ry upon lee u,,,ender rhe,tol to l rtso, and ah ,tf own cnu and n
pause, shall make such repairs lathe ItARed ptuperly at may Ise necessary to restore the lama to IIg eondili0n and cmp.K,ties p„b, to the of laehment Ihereol
12. Risk of Lou and Inmfomet.
At all times during the term of this Least, the Fisk of loss or damage to tech item at leased pruptrly shall be and shall remain solely and emdus
Ively in Losses. Lessee, at fit own experow, [hall keep each Item of leased p,opefty insured, to the full value Isi rtul, against fire and other asks Insured
by sxten led covefsgs, end egaintt such other risks, Including puhbc liability and personal Injury, and in such amounU as Lttiow ttawnably may reuse ,t
Said Insurance coverage shall be with reputable insurance companies uhsjac rot y to L pilot, ttuald,ed to do Iwsincis in the stale in ovi the jested pr olail
H located Lessor shall be named as an insu,ed in said policies of insurance, wh,th Malt be made payable to L essor, and original at duplicate cup,ts of
other satlsfac Cory evidence thereof shall be delivered to Lessor The la,furo bl Lessee to p,ucule such msuranct shall tunudule on event of drlaull here
under. The lorsigo,ngnotwttMjand.ng Lessor, at its option, may elect to p,ocure all at part of tairl Insurance on ns own [,that$, to whnh event the cal
Ihertof shall be deemed to be, end shall W payable by Lessee to Letwr as add,bonat tent hrreunde,
13. Damage to Leased Property,
In the event of any damage to ony item of leased pt Oper ry, this Leese and the obligation eat 1.eswe lo pay Pont he, sunder with Iesper,t her good item
of leased property shall continue withoul right of ahattsi or adjustment Lessee p'umpdy jhalr notify Lessor of the native and an lent of any truth
damage and Immediately, at its own cost and e- point, shall taus!, she same to be repaired or replaced wren like property of r,ju,vatenl value, aectptabfe
to lessor. In such event, Lessor shall awgn to lessee the rights at Lessor in and lu the p,ucecds of any uol cy ul insurance, payable with respect to said
damage to the extent necessary to ollect, and to tit applied to, the tepmt or Frpl,iternenl instil l
14. Destroyed or Stolen Leased Property,
fn the Rant that any from at leased pfutmel ty is destroyed, stolen, lost of damaged to the es Ienl that Lessee reasonably determines it to lie Ins
possible of undesirable to rtpslr at "place the same, Lesste rntnsedtelelf, [ball pay rn LCRsu, all rent due and to become due he,runder wilt rtwecl la
such item of leased property and thereupon lessor shall awgn to Lessee the nghls at Lessor on and to the proceeds of any policy of Insurance payable
vWlh respect to said destruction, shell. Iota or damagse, and thereupon this loam shall terminate with respect to the item of leased properly so destroyed.
Val 1011 or damaged.
1s, 14AtL
Lessee Mall slay all sales lames, use taxes, excise tatter, personal properly fames, assesunents. ad valorem tattoo, stamp and ducumenrary lame[, and
all other governmental charges, fees, lines or penalties whatsoever, whether payable by lessor or Lessee or others, on ur relating to the Irasrd ptuperty
of the use, regislfauci rentai, shipment, transportation, delivery, maintenance a operation thereol, other than Federal of start or other municipal
and focal income and franchise tames or Lessor, and on or violating to this Ap9oerment and any schedules subject herpo, and shall file all returns requited
sheiefor and lumrsh eoplet thereol to Lessor. In the event of the fairtufe all Lesseer to pay env ouch tares, asststmentl, tha,gts, fees, fines or pentifbes
whendue, lessol may, but shall not be obtigalsd to, pay the tame, and in such evenl Lesser shag reimburse Lessor lot any arnaunq sir tmpended, ylioch
amounts shall W deemed to be, and shall be payable by Lessee to Lena at, aild,llunal tent horeundet,
or
18, Indemnity. e
Lessee shall indemnifl and hold ha, mless Lessor, its agents, successor and assigns. Irom and agarnu ante and all losxes, claims, demands, damages,
expenses, and other liabilities, including strict liability in tort, and inolvdirp attorneys fees, if any, arising bte reason of she use. condition or operation
of any il.m of leased properly al any time during the term of this Lease; or arising out of or resulting from the condition of any item of leased property
sold or disposed of alter use by Lessee to the extent the same results from the (Jefavll of Lessee hereunder. Lessee is an independent contraclor and
nothing contained in this Agreement shall suthorirt Lessee or any other proton to operate any item of leased property to as to incur or impose any
liability or obligation for or on behall of Lessor.
17. Default.
The following events shall constitute events of default on the part of Lessee hereunder. (a) the failure of Lessee to pay rents or to make other
payments hefeunder when due; Ib) the breach by or failure of Lessee in the performance or observance of any of the covenants, terms, conditions or
provisions of this Ltale on its part to be performed or observed, which breach or failure shall continue for a period of ten 110) days after written notice
thereof to Levee; Icl the death or dissolution of Lessee; (d) the Inslirution or commencement of voluntary or involuntary bankruptcy, reofganiaatron,
creditors' arrangement, or other insolvency proceedings agairist lessee, (el the making of an assignment for the benehl of creditors of Lessee, or the
appointment of a receiver or Trustee for Lessee or a substantial portion of its assets; 10 the filing of issuance of a financing statement noteceofhen,
warrant lot restraint or any other lien or encombrdnLO upon the leased property not specifically authorized herein; or Ig) she making or sending of any
notice of an intended bulk sale or the execution of any judgment on or against the leased properly.
18. Remedies Upon Default.
Upon fine ocil of any of the events of default hereunder, Lessor shalt have 0-P right, with or without notice to or demand upon Loewe,
to declare this Agreement in delautl whereupon the entire balance of rents and other turns due and to become due hereunder immediately shall be due
and payable, and Letsee's right to continue in the use and possession of the leased property immediately shall crate Further, in the event of any such
default, Lessor shall have the right, and Lessee hereby n,thorizes and empowers Letsor, to enter upon the promisee of Lessee or such other place as the
leased property may be found and to lake possession of an,, to remove said leased property, with or without process of law. In the event of any such
repossession or (!taking of the leased property, Lessor shall have the right to'. (a) relel said leased property to such person or persons and for such rents
and upon such terms and conditions as Lessor, in its tole discretion, deems desirable; or to) tell the leased property at public or private tale, ii or
without nonce to Lessee, at which sale Lessor, of the aforesaid Assignee, may purchase said leased property, The rent to received from any such reboring
of the leased property or the proceeds of any such sale of the leased properly shall be applied fors? to the costs and ex ponies incurred in connec from
therewith, including, without limitation, the costs end expenses incurred by reason of said repossession or reeking, including attorneys' leas, if any,
the cost of storage of said leased property prior to any such relelung of sale, and the cost of repairing, featuring and fecondo,oning said leased property,
and then shall be applied to the balance of rents and other sums payable hereunder, and the balance, if .ay, shall be paid over to Lessee The foregoing
notwithuand,ng, Lessee shall remain liable for any deliciencies , The foregoing rights and remedies shall be construed to tv, and shall bo, cumulative,
and not to the Occlusion of any other rights or remedies hereunder or to whirh Lessor may be entitled in law or in equity No wsive+ by Lessor of any
default by Lessee hereunder shall be treated as a waiver of any subsequent default or breach by Lessee. No failure on the part of Lessor to ereicise, and
no delay in the exercise of, any right or rernedy hereunder shall be deemed of construed to constitute a waiver thereof
19. Assignment and Sublease.
Lessee shall not espgn, sublease, leanslei, pledge, hypothecate or otherwise dispose of this lease or any of tie rights or interesti herein, or any
of the leased property, without first having obtained the written consent of Lessor.
20. Assignment by Lessor.
Ii is agreed and understood that for the pufpose of obtaining Lnienc,ng lot the purchase of the leovd property, or for any other purpose, Lessor
may assign its interests in and to this Lees,, ondlor in the rents payable herfoundeo to any rhnd party, which third partyis tired ad to herein as the
"Assigner." If further is agreed and understood that in such event, Lessor may grant to such A, i ,.nee a security intoitst m and to this Lease and the
teased property, provided that Lessee shall continue to enjoy the use of said leased property in accuodance with the terms heitof to long as is is not m
default hereunder, Lessee hereby ocknowledgel its consent to and approval of any such assignment end further ogees sal to pay she rents provided for
herein directly to such Assignee when, as and if to directed, in wrilinq, by Lessor, and Ibl to execute any security agreement, financing satemeni or
other document necessary or appropriate to perfecl the security interests of such Ass,gr,~u in and to this Lease, the rank payable hereunder, and'or the
Its" property, as described above
21. Schedules and SUDPIemOn4.
The terms and inndituor?t of ibis Agreement are heruby supplemented ondror modified in accordance with the teems of Paragraph 1 above with
respect to,andonly to the went necessary to effectuate, the master set forth in the following Schedules and SupplemenlL appended or allAhed howo,
which are herby incorporated by reference as if fully rewritten herein;
Initiated By
Schedule of !,upplement Dated Lessor Lessee
1-14-81
1, Schedule A
2. Supplement I 1-14-81
22. Dhld Law Governs.
It Is opened and undersi3od by Lessor and Lessee that this Agteemcnt and the various Schedules and Supplements hereto are intended to be, and
shall be Beamed to have bten, made in the City of Cleveland, Sete of Ohio. regardless of the order in which the signatures of the pubes aft Slimed
heeto, and further is intended to, and shall be, inlerpreled, and the rights end Irbrbties of the partite hefero shall be deletmtned, in accordance with
the laws of such Stale.
29. Notices.
All notices, remueus, demands and other tommunec at tons heieunder shall be rn wrilinq and shall tie deemed ro have been duty given of delivered
by hand, or mailed, certified or rag ilered mail, return rect,pi requested, postage p(epaod, to the parties and odd,eues first set forth above, of to such
other address as may be designated, from time to time, in writing
24. Severabgity.
In the event tiny provision of this Agreement, or the application thereof to any person or tircumsiances, shall, !ter any reaurn and Ire any extent,
be insisted or unenforceable, the remainder of this Agreement and the application of such provipuns to such person tar cocumstorKes shalt not be afh ad
thereby, but rather shall be Warted to the fullest sixbrnl petmuled by law
25. Consanarllon.
This rntlrumenr contains the complete aq,eemenl of the partite with respect to the mat refs provided for herein, and n not intended lour more,
food or fimited in any way by any instrument a uyeeerneni previously entered mlo by the pvfiet hereto The headings and capbuns of she sectruns and
paragraphs of this Agreement are fur convenience only, and shall nol be mterpteted as alte,insl, affecting or a,d,ng a, she tunsuucrrun ul lhis Agreement
pot any of the provisions huool
a
26. Successors and AWgnL ' r
Upon acceptance, this Agreement shall W binding up.m A shall inure to the benefit of the partial hereto and their respective successors and
permitted as gns.
THIS LEASE IS SUBJECT TO ALL THE TERMS AND CONDITIONS SET FORTH ABOVE AND IN THE VARIOUS SCHEDULES AND
SUPPLEMENTS THAT ARE, OR MAY, FROM TIME TO TIME, BE APPENDcO09 ATTACHED HERETO IN ACCORDANCE WITH THE TEAMS
HEREOF, AND WHICH THE LESSEE ACKNOWLEDGES THAT IT HAS READ, UNDERSTANDS, AND AGREES TO.
IN WITNESS WHEREOF, the Lessor and the Lessee have exewted this Agreement, sllective as of the date first set forth above.
Lessor: ~1 Lessee.
0 6 0 FI A N C I N FFISES, INC. City of Denton
Rv •~'ti l~ 1~ By
Tills Tate
Dole Zh 19 Date is
SCHEDULE A
TO
MASTER LEASE NO, Al -111
Date 1-14-81
1. Description of Lrased Propo!t .
One (1) Intel 4K Chip Module consisting of 32K Memory
2. Term: 1A - --Months
The term of the least of wh ch this Scheduto is a part with rtspect to the leased property described above shall be for the numbu of consecutive
months stated above, commencing on the date the first rental payment ra due
3. Ren_u: 150.00
Rents in the amount of 111- Per month shall be paid, in advance, on or before the foist day of each month
The hilt rental payment shall be du1jgft&V-44"pt6A44k-, 19..._-
Lessor ecl nuwlW9e1 recbpi of the sum of S__
to be applied
4. Delivery-, oetrveuy Dole yithin-_10 dayggARO
The leased pruperly will be installed and kepl at the foltowmg location City of Dentona 215 East McKinney,
Denton, TX 76201
The terms of delivery are subject fo the provisions of Paragraph 7 of the Master lease of which this Schedolr is a put
APPAOV£D AND AGREED TO as it Schedule to and a part of Matter Lease No _ _81-111 by and balween D 6 D r INANCIAL
ENTERPRISES. INC, as Lessor, and the undersigned Lessee.
Lessor: n Lessee
ob 0 P NANCIA T I INC, City of Denton _
6r ,y r hrta r,tr~
Data _ 7 a~- - Dale
Agreement 0 81-111
Dated 1-14-81
Page ~ of~`~~
SUPPLEMENT I
The Computer Place will supply a diagnostic routine to isolate a faulty module. If
the module The Computer Place supplied is found faulty, The Computer Place within
one business day will replace said module at no cost to Cif of Denton
except for shipping.
ACCEPTED AND AGREED TO BY: ACCEPTED AND AGREED TO BY3
TH 4PUTER PLAC CITY OF DENTON
Author ised Signature Authorised Signature - -
Title - Ti /1~~_~..
I
4'%~
Date Date
A Dlrl,lon of C40 Nianekl Ingrpruoo• One.
i
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