HomeMy WebLinkAbout05-1981
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191
7
THE STATE, OF TEXAS, !
KNOW ALL MLN BY IHUSE PlIkE. Ts:
(A)UNTY OF Denton J
II1AI Leroy Barber and wife Lucy Barber PEED Rkt:U ~a
of Denton County, Texas
in ronsideralion ol'thc suns of I I
One Dollar (S 1,00) and no/cents and other good and valuahlc consideration
ill hind paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by
these presents grunt, i,,rrguin, sell and convey unlu to the City of Denton, Texas (Ire free
and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following
i
110,cnhcO properly,
owned by them shoaled in Denton Cbunly, Teas, in the
M.E.P. & P.R.R. Co. Survey, Abstrucl No. 927
All that certain 0.115 acre tract, or parcel cf land situated in the
M.E.P. fr P.R.R. Co. Survey, Abstract No. 927 Denton County, Texas; said f
tract being part of tract shown by deed to Leroy Barber and wife Lucyl
Barber and recorded in Volume 465, page 108 of the Deed Records of,!
Denton County, Texas and being more particularly described as follows; i
Beginning, for the northwest corner of the tract being described herein
at the southwest corner of the tract described in a deed to R.D. Wages,:
et ux and recorded in Volume S14, page 588 of the Deed Recoreds of.
Denton County, Texas; said point lying North 03 degrees 16 minutes E.tst
25.0 feet from the southwest corner of the said Leroy Barber tract and'
being in the north line of an existing 50 foot East-West street;
Thence South 89 degrees 20 minutes Fast with the north line of the said
`I
street and passing at 279.7 feet an iron pin in the occupied west line
of Mayhill Road for the southeast. corner of that tract described in ail
deed to W.R. Kingston, et ux as recorded in Volume 7.60, page 59,9 .of the
Deed Records of Denton County, Texas and continuing, I.; ai1:a total
Barber , istanctra t 312.7 feet to a point in the east line of the said Leroy,
d
point being in the approximate middle of Mayhill Road;
Thence South 03 degrees 16 minutes West with the east line of the said
:I
Leroy Barber tract 16.0 feet to a point for a corner; +
Thence North 89 degrees 20 minutes West 16.0 feet from and parallel to
the north line of the said East-West street 312.7 feet to a, point for a,E
corner in the west line of the said Leroy Barber tract;
Thence North 03 degrees 16 minutes East 16.0 feetr the nt of
beginning. PAGE 9J f
buildings and other obstructions as may now be found uron said property.
For the purpose of constructing, installing, ropniring, and perpetually maintaining
I
public utilities ' ' in, along, upon and
across sald premises, with the right and privilege at rill times of the grantee ,retein, his or its agents,
employees, workmen and representatives having ingress, egress, and regress in, along upon and across said
premises for the purpose of making additions to, improvements on arid repairs to the said
Rublic utilities
any part thereof.
1'0 i 1AVE AN1)10 110Lb unto Vie ,aid City of Denton, Texas as aforesaid for
the purpo es aforemkI the premises above described.
witilmi hand this the day of May A.1). 19 81
Ler y Bar ~r
{icy Ba- Aer
THE STATE OF TEXAS, ncxNOjvr►G~rLtiT
COUNTY 01' Denton t ( 1 IIEFORF: ME, the underelcgnod authority,
in and for srdd County, Texas, nn th„ rl") P-1 11!11!v ;,pl,, ar, d Leroy Barber acid Lucy Barber
1
know to ntc tr, I,r Ihrr pr~ranrt whn:o to the rnregotnK instrument, And ncknowledged to me that
he exC~i~l~~~l~hu sonic frq' thr~ pin
O]t'E;NL'h'D~1t,14YIIAN1) ANIrsR,V.()F'(wi-wr,'Ihis
SIT, S.1 day of
N-tmq
Public,
/ r,.• Count Terns
It ('nrnn,i"ion };.xpG'e
THE STATE OP TEXAS, ACKNOW1,FDGIIFNT
COUNTY AF'. IIEFORE All", chi undersigned authority,
in am) r" PaIA Cnnnly, Tcxa on Ihi, day pr, ar~n illy npp^ared
known to me to be the prrson whose panne Pub.crihod to thr- foot-going iil0rument, and acknowledged to one that
he executed the saW for the pu•po,ti(,y and c insi lerati rv thrrrin . xpnssed.
GIVEN UNDER MY HAND ANT) SF:AI, OF' 0FFICF:, I Fiq day of A, D. I.o
(1
N~,utry Puhlic, County, Texas
NIy t' mntis,ion Expires.,,...
THE, STATE OF TEXAS, olti'ORATION ACKNOWLFDG,IIENT
COUNTY OF l( BEFORE; AI E, the underslKned authority,
in and for Paid County, Texas, on this day personally appeared
whose nomu Is subscribed to the foregoing Instrument and acknowledged to menthat the sameb%as the act of he sold
n corporation, and that he executed the same as the act of such corporation for the
expressed, and In the capacity therein stated. purposes and consideration therein
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This
day of . , A.D. 19
149.)
Notary Public, Texas
My Commission Expires
THE STATI, OF TI:XA$, CLERK'S CERTIFICATE
COUNTY OF I, County
Clerk of the County Cot rt of said County, do hereby certify that the foregoing instrument of writing dated on the
record In `ay of , A. D. I8 with its Certificate of Authentication, Nag filed for
my ofice cn the day of , A. D. 19 at o'clock M., and duly
recorded Oils day of ..A. D. 19 _
_ , at _ o'clock Al., in the
Records of Bald County, in Volume
WITNESS MY HAND AND SEAL OF THE COUNTY COLT tT of enid County, at effice in ' on pages _
3
, the day and yc last Aboev wrilten,
Count erk
(L. S.) ~e v~ B o og County, Texas.
l a~' o;4~'qc y P.......... Deputy,
t` yo 'c
n
f+ Ct p
i lap 1 6t 5
r j ol 13 + F 3
00 01-1 2
1~y ;i Al 139 } _ lid
01 -U) MO
L! W i H ~Oj \I!.11 j O ~w !ri N I Qr Cr 'i
~ Ai 1 C J ~ '[WQy ~'r~' '7f ~ ! I f ! fy •~0~ ~.'j
Zd.
J (I
d ft
7 MCC. 671
$ I ~j .
ws
i
:~ry._.:_~ r-s=sz ^rs~ a_- -=cr_~-a:s~ ~--r_-e~5rez-z=e~a;xavrsz•.r ='ffiae~ar ma•~v
-~m~{~r~lrLf1,(~r~~L sa•mnQaslnaxs rr _z-.- mrvv..c.cros-sr_-.rnav+s•a~arama~~.
Y~ L
THE STATE
i OF TEXAS
KNOW ALL 11EN BY i71FSf; PRESENTS:
COUNTY OI' Denton
DIED RECORDS
IIL11 Martino Development Company
of Denton County, Texas in consideration of the sum Of
ill other good and valuable consideration
Ten Dollars and no/cents ($10.00)
in h,dn41 paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by
lhe,c prcucnts ~i,uil, harg,iin, sell and covey unto to the City of Denton, Texas the free
and uninlenuptcd use, liberty and privilege of the passage in, along, upon and across the following
i
'h ~
ul; ro; arty,
I i owned by it sitcuited in Denton Counly, Texas, in 010
Su:vey, Abstract No,
M.E.P. and P.R.R, 427
i All that certain tract or parcel of land situated in the M.E.P. and P.R.R. Co. Survey, Ab.
929, Denton County, Texas, being n part of a certain 122,998 acre tract conveyed by Martin
j Realty Company to Martino Development Company on December 19, 1978 and recorded in Volume
1129, page 573 of the Deed Records of Denton County, Texas, and being more particularly de
scribed as follows:
BEGINNING at the southeast corner of the existing right-of-way of Morse Street, a13 recorded
i in Vol. 16, page 42 of the Plat Records of Denton County, Texas;
1 THENCE S 88 48'15" E a distance of 16.00 feet to a point;
i THENCE S 01 54'46" W a distance of 633.32 feet to the beginning of a curve;
THENCE along a curve to the right with a deflection angle of 30 30'24"; a radius of 546.001
feet, and a length of 290.71 feet to a point of tangency; THENCE S 32 25'10" W a distanc
of 144.90 feet to the bepirrt'iiliglof a curve; THENCE along a curve to the left with a defle
tion angle of 32 31'4g' 0t .c~uAj3f 07a.00 feet, and a length of 325,87 feet to a point o f
tangency; THENCE S•, 0,~6'*"4
s~:ance of 35.26 feet to a point for corner;
THENCE N 88 48'15" i. a'ytis c f 9 4 feet to a point for corner on the west boundary
of said 122.998 acre tact, s po t lso lying on the east right-of-way line of U.S. Hwy X88;
IiI THENCE N 03 04'34" R aid ance 1 ,0 feet along the went boundary of said 122.998 acre
I tract to a point for qo ner; f+
THENCE S 88 48'15") a,~ tarMfe o 2,44 feet to a point for corner;
THENCE N 00 06'31" W •bBf$ anee (x .90 feet to the beginning of a curve; j
THENCE along a curvy co'tA~ivi sl?th a deflection angle of 32 31'41",a radius of 590.00
feet, and a length of 3343 6V't t to a point of tangency;
THENCE n 32 25'10" E a distance of 144,90 feet to the beginning of a curve; j
THENCE along a curve to the left with a deflection angle of 30 30'24", a radius of 530.00
feet, and a length of 282.14 feet to a point of tangency;
THENCE N 01 54'46" E a distance of 633.12 feet to the place of beginning and containing
0.757 acres of land, more or less.
li
And it is further agreed that 1110 said City of Denton, Texas ,
in consideration of the benefits above set out, will reinove from the properly above described, such fences, {
buildings and other obstruclions as may now be found upon said properly,
i
Porthepurpose of constructing, installing, repairing and perpetur.ly maintaining
public utilties
In, along, upon and
across said premises, with the right and privilege at all times of the grantee herein, his or its agents,
employees, workmen and representatives having ingress, egress, and regress in, along upon and across said
premises for the purpose of making additions to, improvements on and repairs to the said j
public utilities
any part thereof,
TO HAVE AND TO HOLD unto the wid City of Denton, Texas as aforesaid for
the purposes aforesaid the premises above descrihrd,
Witness hand U:is .h? day of May A.D. 19 81
n Devel ent C mpan
Davi~ti - rest
- -
l
ACkN011'I,FDOWNT
THE STATE ON, TEXAS, ,v~~~075 PacE 8 70
in CO annd for r ii Of, T It F;F'Oftl: 9i F;, the undrrsigried authority,
raid Coar~tp
, r Yirs, nn thin d:~)' )ni sr.n',Ily app,:,r^d
knnticn to I et to br the perFOn a h-e na,nr ribwt In thn fncrxnirig instrwuont, and acknoudedzed to me that
he exrcutrd th,~ s;w.r~ fr~r ilia or 11-1-i ring
{ { ! en~i~bn,tlm therei,i exhrrc:r(i
GIVEN UNI)EIt 915' HAt;fj AND SF XI, 44' OYFICK,'I)iii clay of A.D. 19
M,5 )
N~tnr y I'uldw, County, Tux, ,s
ACRNOWLRI)G31ENT
THE STATE; OF TEXAS,
COUNTY OF REFORF; 111;, the undrr.nry nrd authority,
in nrrl for sniel County, Terns, on thin day Iwi n,,nrdly nppoarc
1
known to n e to be the prrson whose narne xubscribed to the forrr;nlnq !nstiitment, and acknowledged to me that
he rxrcuted the Fame for the puIposr,n and coriii!rr:itl,,n Ihercin expresnedGI%'F,N UNDEH MY I t A N D ANIr SE,M11, OF nFFll'F:,'I'liin day of A.D. 19
N',,tv), f'uhlir, County, Texas
My t'ornmisninn Expire:,....,
CORIFORATION ACKN011'LEDGIIENT
THE STATE OF TEXAS,
BEFORE COItNTY OF DentBEFORE FIE, the undersigned authority,
in and for said County, Texas, on this day personally apprnred
David Martino known to me to be the person and officer
whose name Is subscribed to the fore roing Inetrumrnt and ackno%fedgcd to me that the eame was the act of the sold
.,Martino Development
a corporation, and that he t)i the act of such corporation for the
expresacd, and in the ca purposes sad conaldention therein
GIVEN UNDF: AND D S ' OFFICE, Thls May 81
day of _ , A.D. 19.
Notary Public, r ;..d~~ (d d County, Texas
bly Comnnbilon Expires T 2
WS CERTIFICATE
THE STATE; OE'
COUNTY OF County
Clerk of the County Court of said County, do hereby certify that the foregoing Instrument of writing dated on the
day of A. D. Ii. with its Certificate of Authentication, was filed for
record in my office on the day of A. D. 19 at o'clock 9f,, and dul;r
recorded this day of A. D. 19 . , at o'clock 11., In the
Y HAND AND Records of Fold County, In Volume _ on pages
WITNESS MY .
D SEAL OF TIIR COUNTY COURT r:f Fa!d County, at office In ,
the day and year 4,st nbore written.
County C erk County, Texas.
(L, S.) By Deputy,
r 1 'ku,io9 ue
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N ( i m4Q
4 0 `a
o' F V ° AJ l1A94,
r L~ r ~ ~ I r o. r,
13111
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Gi I OKJ j^a1 ua r as R ~r .~e_i1 r , yaf ~~l:ru
H tN03
I 1 ,(I. 4 f 1 k,~'. , , r1 A t,
t o i ~i 131i a 1,) All
0 gr111 Sru,i )r'rr' 4rrl yr • f
j a ~ d 1 ` ~ i i St'hr r'J o ,7 i ~
r Q Q r~ ~I u 1 i ! Y! ~,7 ~ ey ft' l r xr
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rf
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I'r frrcd by the Stu IV I:,,1 of 'lcr.,ti for III c h~ I iIr vii 1y kclhcd I- 1. 4
U ,i•1r,1 rho •ry~~ r l,nr, !al rrr hLrn{ v"', o
rr, ~;ridr nr hvrrr j~r,nn r~rr,n r/
0
.r rrr., rr ,pn 1,d r, rug, „,r,,r,nrh r ('I-' ['r,1, lin' r•1 Lnr, ,Cn ",lrr;Jrrr,! frrrn'• run
% r tl rr:l'r o' qA' rrrr,
DEED Or TRUST
!III S IA I I Ur I I XAS DEED OF TRUST
( oil N 11' o1' DIMON ( FNOWAI I N I L N hN'IIIFS I PRIi.SP.N'I'S:
1U, Is DONALD J. HALSEY,
13358
of Da11as (onnll,'lrsas. hriein.iflrr culled (ii umas (rshcther one or morol for the rurrose of xcuring
thr indchtrrincss 11rrOlIjI1l r Ilcscril,rJ. ;Ind .n rrnr.idcr,ru,nl of Ilse sum of I I N 1101 1 AkS 10O(1) to us in h.rnd p;rid by lho
IMSIL'c hciemaltcr riximl. the rvc61,t of shish is hcreht aeAnowlydgcd. ;rrtd for Iho hirthcr col+sWmitton of tho uses, purposes
and bus's imcin',illcr No forth, lm%e fronted. sold ;ides conscycd, and by the.e Isrc.eots do grans, sell and com'ey unto
C. J. Taylor' Inrslcl Of Denttln Cotimy,'I'ctas,and his
snhs!itutcs or successors. Al of the follotsin do+crihcJ ro,crl' situated in Denton
g f f ! County,
Issas, to-wit:
All that certain 5.073 acre tract or parcel of land situated in the MEP and
PRR Co. Survey, A-927, Denton County, Texas; said tract being part of a ,
tract shown by deed to O.L. Fair, Trustee, and recorded in Vol. 924, Page
598, of the Deed Records of Denton County, Texas, and being more particu-
larly described as follows'
BEGINNING for the Northeast corner,of the tract being described herein
at an iron pin found at the Northeast corner of said Fair tract in !1ayhill
Road' I .
THENCE South 00 041 West with said road 482.2 feet to an iron pin set in
the pavement] 1 0
THENCE South 890 041 30" West 251.3 feet to an iron pin found at fence
corner posh
THENCE North 840 331 20" West 182.7 feet with said fence to an iron pin
found near fence corner post in the East line of tract shown by deed recorded
in Vol. 732, Page 987, of the Deed Records of Denton County, Texasi
THENCE North 00 23 40" East 462.9 feet with said fence to an iron pin
found at fence corner post for the Northwest corner of said Fair tract)
THENCE North 890 041 East 460.7 feet to the point of beginning.
.r
TO NA111: AND 10 IIULD the ahore descrihcd propclty, together "ith the rights, rrhilcgcs and appurtenances thereto
hclonging unto the said Trustee, and to his suhstilntcs or successors forescr, And Grantors do hereby hind the msclecs,Ihcir heirs,
csccutors. administrator and assigns to Aatrunt acid forescr defend the said prcmi'es unto the said lrustcc, his suhstitutcs or
successors and assigns forocr. against the claim, or clams, of all rcr•,ons claiming or to claim the same or nny part thereof.
n-r*rttnrie-;nH[+!:FM~crcrnr ~M___~ r retr---e+f-
dale herewith in the principal Burn of _ _
etec,med by Grantors, payahlc to the order of
This conveyance, however, is made in TRUST to secure payment to the City of
Denton, Texas, of the adjoining landowner's cost of the pavement of Hayhill
Road at such time as the City of Denton, Texas, elects to pave Mayhili. Itoad
in the vicinity of the hereinbefore described property. This obligation is
;performable in Denton County, Texas.
vc: fil4 FK'.:01
III
G-14 ~4j!:.402
hc,uine inert if is therein ,uhnl.,ie) pro%idln_ Itlr ;r.rcienllion of MAIUrit)' end for Alto tile) is I cc N:
Should (1rAnIt ii s Jo and p,- rIt,rnI ;ell k -I'Ihe.oscnonrs a nd ucrcciorent, herein conlaincd• and ntAkc pnytrpt payment of said
ulJcbradnrsS ;r the Same shall 11e.0111c due nt,l pAyai+le then this.omcyaA.v shill become null and toil and of no further force
and CIICeI, Irld Shaul be recA,ell Al the Cxpensc of Grantors, by the holder thereot. herein;I(tcr rIIIcJ Beneficiary ("hether one or
more).
Graunlors.oscn,lnt and agree aS follows:
"hat they are I,mrully Scircd of S;II I properly, and hate the Iiehl to a,naey the same; that said p ,perty is free front all
lien arJ cucunlhrut.es, esecl,t ;n herein presided,
'III prolaf the 1111(: ,Ind possessioo of said properly and to pas when clue all lake and asuisntcnts now existing or hcreaf-er
Iesled or ussesscd upon Said propcrt), or the interest therein created by this Utcd or 'l 1, and to preset,e and inJitt,lin the lien
herchy ic,ued IS a f list Sold prior hen on seed propc+ly in.tnding ;illy mproScntunts hcrcAfler made aI pall of the n•alty•
I it keep (lie inlpro,cnfcnrs on s,ud property in BLit J rcI,•air .Ill sl .ondIIit,n, ii I)(] not Io permit or commit any waste IheFelt F to
(,cep said hoddutgs o.eupicd so aS not to impair the insuron.c c;rrried thcraon.
o iusurc and keep insiuvLl all impro%cmenls now or hereafter crvatcd r,polt saA proper 1) ag•iilist loss or dunnage by fire and
,unkIN101Ill. ,ltd any 4Ihvr h,v Ird nr ha/.Ir,Is as he re,rsun,rh)y required Iron time to lime by 13cnc(iciary Juring the term of
Ilic ind.4rlvJncsS tit ICh% s..Ili, d, to the ,stout rd lire it iginif aimorrI of the ill, eblcJtess here y Secured, or to the eslelil of the
hill insur,It,le s:rune of ,Aid intprits cmcntS• s, hlelescr is the ;cSScr• m Sit h Inuit and Ssifh su.h II)SanAncc Comport) or C'ompanics
as m"y he upproscd 1,} Ilcncflciar - Imd 11 ) Lt h%er fit Ilencfl.iary Ihr pohclcs of stet insuran.e h,i,ing athlched It) said policies
such ntorrguge indcntuit) L At Se ai Its nelis 1.o) Shall till c.l', to dcliser rowiNA)s of suet poll,ic~. to lieiwli:i,Ir} at lcust fen (1(1) days
f,clorc any lush itill Ia tcc politics shall cSpue: any proceeds which Iicnrfici.Irq may reccisc tinder any such polio,, or roliJcs,
m;iy he applied by Wiwi 1,6t'y, ail his option. to reduce the wd.hl.dl lit. Ichy secorc.i. "hctheir then matured or in, malure in
the furore. ;mil In sn.h rmirinc;' as Benctioma rimy ells, or Beucll.iary n , pcrntil (irmtors to use s.Ihl pro.ccds to repair or
replace all improscntcnts d,unaged or dcstroycd and .os'cred by said polity,
'That in the cant Granlors shrill (ail to keep the impros.mmirs on the property hereby conveyed in good repair and
condition, or to 1,ey prompt(c when due .Il! I,neS and .ts.eSslocnls• IS aforc%Ad, or to preSeuse file prior hen of this Deed of
'Nosh ern said pr, poly, or to keep fhc huildings Ind innl,rutcnuuts imnrcti. .I, aforesaid. or to delser the policy, or policies, of
ill SlIF uncc err the rCne"al IIt creof 14 1 11 encficiAry. its ,IIttoaid• IIIrn Ile Ili: Ii,I Iry n,,ry, m his option, huh without being required to
do so, nmke su.h repairs, tvty such lases aril aS1l'%Nl1ICLIS, pnr.hAsc any tax lithe thcreou. renloSc ain prior liens, and prosecute
nr defend any Suits in relation to lire preseisafiart of the prior lien of this Decd of I rust on S lid rropcrly, or insure and keep in-
Suited file improvements thereon in an ;!,nounl tilt to cscecd (Imt ailMe sliptl1 i1 c& dt.It any Slims ,shish may he xt Laid out by
Ilcucficiat) and all Burns paid for invounce prcntiun,S. as afores.+id including the casts. expenses and Al!orncy's fees paid in any
snit uffe0ing Said property ssh-n neocSSary it, proic.t file licit hereof sh,Ill bear interest from the Jades of Such payments at tell
per cent (IO'; ) per annum, ;Intl Shall lie raid by Grtnlors to licnuli.imy upon demand. at the s.unc place it which the ahove
described note is pa)Abl., and sb;dl he deemed a 15 lit of the debt herchy secured and rccoseral,fe ;IN Su.h in all respects.
'I hat set the event of default in the ra)mrnt of any rrrstailrncnf. principal or interest. or the ;tote I;^reby Se.L,rcd, in accorJ-
ane'c wtlh the lermi Ihercof, or of a hreach of ant tit the CUecrAnls herein contlinvd to be pei((itnict! by Grlmois, then and in
any of such cvcnts IICI &CIAl) may clod, (irntlors herch) cy,resSly "Riving presentment and dem,md for payment. to declare
tlirc emit,,i inJrht S i
the e x•r -
.J.t.s hxrrhy se.urcd uirh ail infu.St a..ru.t! Ih.ruut and ,di other Boni herchy Sccurl•J immediately
due :Ind pavahle, and in the l'vclll of derwll in the ray went of said indchtedncss "hen doe or tlechtred due, it Shall there ;pon.
or at any tinne lhereafter, be file Juty of the 'ITuslec, or his Successor or suhStilute as hereinafter pro,ided. at the request of
Hcncficiary ("hich rec best is hereby conclusisal)' rresurnedr, to enforce this hall: and ;rfter advertising the time, place and fernns j
of the Bale of the ahove descnhed and comrycd properly, then Subject to the lien hereof, for at least t,venly-one (21 ) day's preced-
ine the date of sale by rosting wrillen or printed notice thereof at the Courtbouse door of the county "here Said real properly is
situated, which notice may he rosled by the Trud.'e ucfiog. or by any rcrsou acting for him, and the Beneficiary (the holder or
the indchtcdncw secured herchy) has, At (cast luenly-onc (2I) Jays preceding the dale of sale, served wriltcn or printed notice
of the proposed side by certified (nail on each dchfor obligated to pay the indebtedness secured by this Decd of Trust according
to the records of Beneficiary, by the dcrosit of ;itch notice, enclosed in a postpaid "rapper. properly addressed to such debtor
at dchlor's most recent address as sho"n by the records of Hencfi.iary, in n post ol'lice or official clero0ory under the care and
custody of the United States Postal Scrsice, the trustee shall sell the ahove described property, then subject to the lien hereof.
at public auction in accordance with such notice at the Courthouse door of Said county where Such real property is situated (pro-
vided where said real property is situated in more than one county, the notice to he posted as herein provides' shall be posted
at the C'ourlhouse door of each of such counties whcrc said real properly is siliimctl, and Said above descrihcQ and conveyed
properly Wray he sold at The Collrihollie door of any one of such coun(ies, and the notices so polled shA dc0gnnle the county
whore the property "ill be Sold), on the first Tuer,dny in any month heiween the hours of ten o'clock A.M. and iour o'clock
P.M.. to the highest bidder for cash, selling all or the properly m an entirely or in such parcels as the Trustee acting may e1ec1,
and make due conveyance to the Purchaser or Purchasers, "ith general "Arrantq binding Granl their heirs and assigns; and
out of the monev arising from such sale, the Trustee acting shall pay first, all the expenses of advertising the side and making
the conveyance, including n commission of five per cent (S^o) to hinueif, which commission hall he due and o,ving io addition
to the Auorncy's ices provided for in sold note, and then to Bcocficiary the full amount of principal, interest, Allorncy's fees
and other charges due and unpaid on %ald note and all other indchledness secured herchy, rendering the balance of the sales
price, if any. to Granfors, Ihcir heir or assigns; and the recitals in the eonvcyan.e to the Purchaser or Purchasers shall be full
and conclusive evidence of the frlllh of the mailers therein stated, and all prerequi rtes to said sale shall be presumed to have
been performed, and such sale and conveyance shall he conclusive against Grantors, their heirs and assigns.
It is agreed that in the event a foreclosure hercundcr should he commenced by (he Trustee. Of his substitute or successor,
Beneficiary may at any time before the sale of said property direct the said Trustee to abandon the sale, and may then institute
suit for the collection of said note, and for the foreclosure of this Deed of Trust lien; it is further agreed that if 13eneficiaryshould
instifule a soil for the collection thereof, and for a foreclosure of this Decd of Trust lien, that he may at any tinne before the entry
of a final judgment in said suit dismiss the same, and require the 1'rslsrcc, his suhstitutc or successor to sell the property in
accordance with the provisions of this Decd of Trust.
Beneficiary shall have the right to purchase at any sale of the property, being the highest bidder and to have the amount for
which such property is sold credited on the debt then owing.
Beneficiary in any event is hereby authorized to appoint a substitute trustee, or a successor trustee, to act instead of the
Trustee named herein without other formality than the designation in writing of a substitute or successor trustee; and the
authorty hereby confrrred shall extend to the appoinlnncnt of other successor and substitute trrnices successively until the
indebtedness hereby secured has been paid in fall, or until said property is sold hereunder, and each substitute and successor
trustee shalt succeed to all of The rights and powers of the original Irumee named herein,
In the event any sale is made of the above described property, or any portion thereof, under the t^rms of this Deed of Trust,
Grantor, their heirs and assigns, shall forthwith upon the -nAking of such sale surrender and deliver possession of the properly so
sold to the Purchaser at such sale, and in the event of their i gilurC In do so they shafl thereupon from and atler the roaming of such
bale he and continue as tenants at will of such Purchaser, and in the event of (heir failure in surrender possession of said
Ir - - -
'Ji rolierli 1t,.tn doIIr.II1,1, liir Purcll,lsrr, his heirs or assign! sh, I I I ht cMitlesl to iustirloe and maintain an action for foieihle
Ili, Idrlcr ill s,II,pl,gtolly III the lu rice of the Peale (tvoIll in Il,;c Justi,c Ill c,lli,I in sshit. Ii such plorel(y, or an) tart thereof, is
situated,
•
I' i. ug ecd 11x11 the lien bcleby deice t slt.dl lake prc.cden:c oter and Ite purr lien to u;y rthcr lien of uny chartttcr
w1% 1 senders, neueI III!]eo'% .,r 111C,IlLit C'S lion herc itler crcarcd on the ahrce desrrihed properly, and in the event lile
pr,:eeds Ill lie indrl redness sccinnl hclchc as set torch herein ;ue used III pay nit kind salis{y any liens heretofore existinp on
sail propclts, Il-,~n III ncllei,uy iN, nntl shM11 he, snrf,rogaled In alt of the riLhls, hens and rcmcdics of the holders of the ir1-
dchledn0s so p,nid.
11 is fmilicr nor.^: i Ih;1t if (irmilklis, Ihcil heirs or as. iois, tshik the os%ner of the hercinlbrle described properly, should
commit In act of haukrup'ey, nr anlhalite the 111111; of It uolunt.uy petition in h.o Arnllvcy, o, should an act of hankruptcy he
tin I IiIIcLI and imIII rnlary prot:ccd ngs Instituted or Ihrcatcncd, or sholdd the properly herein;Ihosc described he taken over by a
Ilaclscr fur CPrnneus, Ihco heirs or nssitns. the mite hercilmhose dcarrih:d shall, at the option of Bencficiary, ilnnlediately
become due and pasahle, and the aeliug 'I rustee may then proceed to sell the same under the provisions of this Decd of Trust.
As forthcr security for the payment of the hereinahme described iodehedncos, Grantors hereby transfer, assign, and convey
unto Beneficiary I'll rents iuoing or to hereafter issue from said r%I properly, and in the event of :in)- default in the payrnncnt of
said note or hereunder, lkveticiary, his ;:Lent or repre%cm,i1kc, is herchy authorimd, at his option, to collect said rents, or if
arch property is s,lcant ht rent the snme and collect the rents, and apply the sane, Iris the rcasonahle costs and ctirenses of
crdrsri ,n Ihereol, tit the pasmcnr It( s,1id indahte,bre,s, uhcthor thou nlalurc,I or to nr.rlnre in the future, and In such moaner its
Ileoefleiar) slay clod. the collection 111 said rcn0s Ito I101efie111y shall not eonslitrlte It utiliser of his right to accclcrde the
maturil) of said indchtedncss nor of his right to proceed with illc cnforecincot of this Decd of 'I trust.
It is seined That an cstcnsion. or coensions, may he nulde of the link of paynenl of all, or any pore, of the Indebtedness
seemed herchy, and that any part of the Millie described rc•,l properly may he released from this lien usilhout altering or affecting
the priority of the lien created by this Wed of 'frost in fasor of uny junior encumhramrr, morigapce or purchaser, or any person
Acquiring nn inrerc.. in the plopcrt) herchy coutcyed, or any part thereof; it being the intention of the parties hereto to preserve
Ihis lien on the property herein dcsorihed and all intprosrmerts thereon, and 111A may he hereafter constructed thereon, first and
superior to any liens that may he placed thereon, or that may he foxed. gis'em or imposed by hms thereon after the escetnlion of
this insirurnenl nolst ithstanding any such extension of the time of payment, or It.e release of a portion of said property from this
lien.
In the event May porlion of the indebtedness hcreina}tovc described cannot he Lrsvful{y secured by this Decd of Trust lien on
said real property, it rs agreed That the first paynlents made on said irdchleshlcss shall be applied to the discharge of 01:11 porlion
of said indchicdness.
Ilencficiary shall he entitled to ieccke uny anti all sums which may become payahle to (nutters for the condemnation of the
hereinahove described real property, or any purl thereof, for puldic or yuahi-public use, or by virtoc of private sale in lieu thereof,
and any stuns which may he awarded or Income payable to Grantors for fans cduscd by public works or construction on or
near the said property. All such, sums are hereby assigned to IlencGciary. wl o stay, alter deducting therefr,sm alt expenses actually
incurred, including attorney's fees, release same fo Granlors or apply tht sane to the reduction of the indehiedoess hereby
secured. uhcther then matured or lu mature in the future, or on any cot icy obligation hcrcarotlcr, as and in such manner as
Beneficiary may elect. Beneficiary shall not he, in any evcnl or 6rcuni,%tcc%. liable or responsible for failure to collect, or
exercise diligence in the collection of, any Lich suns.
Nolhing herein or ill said note conlaincd shall eser cntilic Henafieiary, upon the arising of any contingency whatsoever, to
receive or collect interest in c%,.c N%, f the hi.ahest rule allowed h). the 1,1ws If the Slate of 'Imo; on the principal indebtedr:•s
herchy secured or ou any n1oiwy obligation hovurdcr and in no cscnl shill Grantors he obligated to pay interest thereon ,n
excess of such rule.
If this bred of 'frost is eseculed by only one person or by a corporation the plural reference to Grantors shall be held to
include the singular and all -f The covenants and agreements Ilcrcin undertaken to he performed by and the rights conferred upon
the respcclive Grantors nain,,d herein shall he hinding upon and inure to the benefit of not only said parties respecliccly but also
their respective heirs, execulors, adnlinkiralors, grantees, sueeeasors and assigns.
Grantors expressly represent th; t this Decd of'frust and the Note hereby secured arc given for The following purpose, to•wil;
This Deed of Trust is executed and delivered tnt the City of Denton, Texas,
in order to induce the City of Denton, Texas, to relieve the Grantor herein
from the obligation of depositing in escrow an estimated amount of money
required by the City of Denton in order to relieve Grantor of the obligation
of presently paving tlayhill Road.
This Deed of Trust shall be null and void and of no force or effect if the
City of Denton, Texas, does not cause Mayhill Road to be paved within four
(4) years from this de.t;e. Nothing herein shall be construed to waive the
rights of the City of Denton, Texas, to cause said street to be paved under
a street assessment program or similar assessment program,
EXECUTED this 2d day of April A, 81,
Donald J. inisey
VCL 614 U-r4; ldoa,
f, , c, f
(Ac4nowledgmtnty ,
'111 E S l'A'I E OF 'I GXAS
COUNIY OF DENTON 614 f;~,:4011
Before me, the rndersigred authority, on this day personally appeared • DONALD ,1': FIALSFY
known to me to he the person whose mutes. . 15_subscribed to the foregoing instrument, and acknowledged to me
that . he. csccutcd the s.ime for the purposes and consideration therein expressed.
Uken under ny hand and seal of office on this the Cam` N.., daxrrf Z r" n A.D. 19 81.
-
ssssxs ~tu~ Notary Public. in and forTho State'-of Rogwif, Texas.
c:.0 f1 My commission expires., 0 19.......,,
7 (Printed o• rtcm;ted name of notary)
Y \`11 1
(,lcknowlcdgntew)
'I [IF, SIA'IEOF 'Ik"'F1= li 'r'l(I>ii l
COUNTY OFcct ta~t•d4 1
Before me the undersigned authority, on this day personally appeared
known to inc to be the Person . , whose name.,.. . subscribed to the foregoing instrument. and acknowledged to me
that... , he . executed the same for the purposes and consideration therein expressed.
Uisen tinder my hand and seal of office on [his the day of A.D. 19
_
Notary Public In and for County, Texas.
My commission expires.................................................... 19.........
(Printed or stamped name of notary)
~!\\J I1~ V~ 1 1\ rL
0 0
d !i :i r F?!_f. 3 Kato
Il'.~: rf1iJTT °'1-+ 4
Q z ° xN
U a3►0
1:4 o
U "
U 00 r.
!a a
s+ (Cir We Acknossltdgment)
THE SrATB OF TEXAS e
COUNTY OF
~ M
Before rue, the undersigns uOyrit n 4, s$(t 1 ppeared
,
a corporation, known to me to e t song oy~~r AAj ubscribed to the foregoing instrument, and acknowledged to me that
he executed the same for the rP s~4Pc~kjrli9t t ein expressed, in the capacity therein stated and as the act and deed
of said corporation.
Olver, under my hand a l;ce o fis day of A.U. 19
' a
f Notary Public in and for County, Texas.
My commission expires , 19.,......
(Printed or stamped name of notary)
L~ r 4 d 1~. f+~ i ~,i
i } #
10
"rC11 2
k i•
i
INDEPENDENT CONTRACTOR'S AGREEMENT
THE STATE OF TEXAS
COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS:
§
The City of Denton, Texas, a Municipal Home Rule City situated'
'A=
in Denton County, Texas, hereinafter called "City", acting herein r,^
by and through its City Manager, and Computer Consulting Co., here- r:
inafter called "Contractor", hereby mutually agree as follows:
1. SERVICES TO BE PERFORMED: City hereby retains Contractor Y,S
to perform the hereinafter designated services and Contractor
agrees to perform the following services:
A. Program/JCL Conversion.
2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay
Contractor for the services performed hereunder as follows:
a a.
A. A.'nount of Payment for Services:
#a,
$35.00 per hour.•
B. Dates of Payments:
One week after services performed. #
3. SUPERVISION AND CONT^OL BY CITY: It is mutually under-
stood and agreed by and between City and Contractor that Contractor
is an independent Contractor and shall not be deemed to be or con-
sidered an employee of the City of Denton, Texas, for the purposes
of income tax, withholding, social security taxes, vacation or sick
r
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 r
designee under this agreement.
41 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
f Denton.
INDEPENDENT CONTRACTORtS'AGREEMENT - PAGE 1
h
no i lip
6L
w
Mf~MMI~ ~I+A.w.O+.t l.il\ w~~.~+~~+r►~~~...~wi.w~ y
1t
f ~n` 1
5. SERVICES AND SUPPLIES TO BE FURNISHED BY CITYs City hi
agrees to furnish to Contractor the following services and/or
supplies: `R:'
A. Computer Time.
r s
r ,
,rD
B. Terminal Use.
.a
C. Documc.ltatioll.
6. INSURANCE: Contractor shall provide at his own cost and
expense workmen's compensation insurance, liability insurance, and
1 all other insurance necessary to protect Contractor in the operation
of Contractor's business.
h;
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, i'
8. TERM OF CONTRACT: This Agreement shall commence on the
:r~ht
15th day of May, 19811 anc,,.end after 85 hours.
Izeu '+t,
EXECUTED thi the day of 1981, i
r1
CITY DE , TEXAS
t
B Y
U
ATTEST• ~
r
'C STY SECRETARY
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
r tilt,
BY s i
/ CONTRACTOR
BYs---
That D. B. Smith, Jr., is hereby designated as the person to
administer the provisions of this a eeme
~I
DATE
INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2
t t.t
?y 5 ~ ~ t+ ' '7 ppqq rt ba+.:r " t 7.. i +F' j ~ ~:~oY~ S , ~ 4 ~ ' 7 Sal~y~ d~~ i '<elC .,6 41 ,'•y
i k1'hi•~ r :1
J
► ~
~ •
J
4
.
-k ys
1' -
si INDEPENDENT CONTRACTOR'S AIREEMENT
THE STATE OF TEXAS §
COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS:
g 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 Milt Norton, hereinafter
called "Contractor", hereby mutually agree as follows: 3
1. SERVICES TO BE PERFORMED: City hereby retains Contractor
to perform the hereinafter designated services and Contractor f
agrees to perform the following services:
A. Applications and System Maintenance.
B. Management Support.
2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay
Contractor for the services performed hereunder as follows:
A. Amount of Payment for Services:
$35.00 per hour.
B. Datas of Payments :
One week after services performed.
d
30 SUPERVISION AND CONTROL BY CITY, It is mutually under-
stood and agreed by and between City and Contractor that Contractor
is an independent Contractor and shall not be deemed to be or con-
sidered an employee of the City of Denton, Texas, for the purposes
of income tax, withholding, social security taxes, vacation or sick
leave benefits, or any other City employee benefit. The City shall
not have supervision and control of Ccntractor 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 FUNDSs All payments to Contractor under this
agreement are to be paid by thG 1I from funds appropriated by
the City council for such purposes in the Budget of the City of
Denton,
INDEPENDENT CONTRACTOR'S AGREE14ENT - PAGE 1
n
`12
5. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City
agrees to furnish to Contractor the following services and/or
supplies:
L'
A. Computer Time.
B. Terminal Use.
C. Documentation.
1
6. INSURANCE: Contractor shall provide at his oWn cost and
expense workmen's compensation insurance, liability insurance, and
all other insurance necessary to protect Contractor in the operation
ti
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
1st day of June, 1981, and end after 85 hours. r
I'. EXECUTED this the ' 7day of-3 .0 1991.
CITY OF DLNTON TEXAS ti
'C' 1'Y R y
ATTEST :
CITY RETARY~ir
y APPROVED AS TO LEGAL FORM:
e4: C. J. TAYLOR, JR., CITY ATTORNEY
BY:
t CONTRACTO ti
BY : /J ?
That D. B. Smith, Jr., is hereby designated as the person F
to administer the provisions of this Agreement.
CITY r
r 9. 9. /
DATE 7
INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2
~ • ~ ~ ~
. f..
~
RECEIVED
r St11,I711WESTERN REGION
International Business Machines CormaliV3 36 A `e1 Armonk New York 10504
Ameadmnent to Agreement for Lease or Rental of [111[ 1lachines for Ilan I)
Olltiortal Periods of ltaintenance Service
IBM Hramrll fHh,,. 1Frr, nm111 11..; /f L~r 04~
IBM Corporation
P. 0. Box 47661 Hrwn411 Iloilo \1..: 121
r)e11as, TX 75297
\,:m1.- ;4m1 Adlh,'., if Cu•r,wit o: I;u. 1.nu•r .1'11.; 16026-10
City of Denton
215 E. McKinney
Denton, TX 7E201
11011rnulit1011A fitWinr„ M.11'Ilinr•% {:1.rp1.rulirm 44141111 and IIt I Cw,hnIbn INgrrr thus Ih, foll1.xinl n'rn1, Wild 1 1.u,liti1.n. ,upp119nrul Ihr IFrw'Inrut
flrr
1.01,r ur },,,Wal 41 fl1t 1}al'Id twit nldr with III-, I vcl to mmlliurit 06 It arc .p 4ifir,I hl Ill NI it, YhIi !I (Il i,IliIwit.
CBINGF,K ligrrlmnnll :a INIT. appli,ahlr h1.nrh rule. Iii it in ,Ff„I. In addili1.n
Hall II; For eal'll (hill 11 wa,hinr, unHbl wpµrudr' wid hailif4', will 101.• Ih.iige. For tru,r'I r %1,, it,,- a,-,H im1.,I wish nulintrrWilll
Ihrm will b1. Ill] hlilial~P,ri1.41 of Ihliw.ri.w,r Srr%itIII n. III•.I'rillyd it1 , 111. 1, ful,"`•'l Ito it lilnr nwl,id, Ihr• ,rl,rl,d hril.h If Ilailtlr•
hrlow, during whi"h lH,l will pI;%Ov, Ili m1I it, Ciiwi.il Iltars,, 1111' 4\I14or.
l4lailahilitt IT lnainl, min,,, .,rni,r 2l h1.11r, p,1. rla,,, ,P1111 Illn+ p,1.
w,rl, wool unlirnilr•d u•,• ill rhr Ina, him' i1. un1 pill, whir moor It. lmrruar ill 1•rnrr Cr4utrar7 Yrri4H1 Ilnrr711h CluirKra
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II14•r"llfh'r, Ow 11, 1 rI11d,, Low. " (:IIIII o, IIr 1IIII I I I I N Il,rllal f;llurpr IIro• lrrrrrw,r in
,,idr. rhr I;u,t,Irnrr ,171111114' .1%oilubilit IIf niaiot,rl.1rlr, .,nil r in Iu1, IH11 mat iii n•u,r Ill, Vditim,il 111.rIhA Iluinll'nanrr I:harKr
II,ri1Hl 14 b6ir• I'uIIH', IIl11r 111.11ri, brtwl'I'1) 7:1141 14,111. IIld 6:00 11.111, H.1Ir• ur ln• prl'1'1 YIl, for 01.0mwl p "CHI. 'If Ii Ailit I•I1JN' r'
"lobo, ill'
IIIn1du,, dlmuyth FIi,h71, u, top l„h•4! b1 Ihr Cu.1,-om r. IHa.i• 1'rri4.l of 1101 was Ihawp, th, 'thA or Cn up 41,4,ign.llinn ur Ihr• 01,6NIual 1'41i-
tininlrnuulr Sr'ni,I'I wow! ❑rlhrih,l u,1. 4 Ih,' Illai l i:1, in a1.,, -1- of 11ailwinwr4, S"ni,r wI nn1 Time. upon Ihrre lnrlnth+ prior
dar nlunll'. writlrn mdir,, I 1,1.n I.1 rlho-' prior wrilnrl nul4 t, In IH11, Ihr (al.hmlt r
lit lieu id, or ill ad,!ili4in lit. t6r 14:1,1' I'rrilHl 411 11.11uh n,1u„ 1111,, llt-owilintl, :1111 Ilplil,ual 1',ri,-k if 11uiu11naurr S,ni,'r• uFFrrted
S,nirr, Ili,- 6:tt,wwr mu) .Aril, bN wrinrn u1di4, 11, wool. Iwo IN In ,11411 moi,r nn Ili,, Idh'rrilt- dal,, if 111, iurrPa.ror 'hunltr.
owrr itr Ihr Ilpliuuwl 'rri,Hlto 1.4 lhti irrnunl I. Srr11, n- dr.iguulyd In IIlll,rwi,r, the 11rw lialr,, p,r10•01,, 11.1111111" Croull III•,iKnulilln, Will
INN in 111,, 11111 11.111 II 11I16'11a! Prril-I. 4 %I'll livilwit41 soo n , 1 ,Ii-mal lotriul. rI
h ( 11.17 nil ll,uwr 1.n ill will 100.4 um,• rffrrli,r I-
1:61161, Su110 Ar•lr11i1111 will 111• 1111,11i1r I'll rhr flu,, Ihr f 110Twr r. -ill I ifItI.
wrilh it m,lir,• it, to-4'"i1 r',! 111 ut11 ur on dIr did,, ,p11111",l 114 th,
I:n,IWarr, %hirhrlrr in I,drr. 101:1114 110111Flr:111r11,s'
The Ial,lnnlrr lilt, rh;ulge rhr I d,1. toll !Iw+, !'rrirml ur IIp1 i4Hmal
I'I•ri1.114 1'( llailarnalar So rook rr upwi Ii IhIr prior wrilu'm n411ii III II4I11,I I'pgra'J", mid Frwhrrr' 14,01"Ill
Wool. 1 nn.h'1 uppadr ,11. I'o•wrurr adlhli1.n I,I a 1'11111 II olipli lu• will b1.
Idlrll 0j,Iiunal I'rrilool of Iluimh'1..1111v Srtlity it, ,ubyrlI Ito w11 i„1:111,11 ill 11 wlylif11111r lddili1.11:0 111IU11111 1laiwir11un4V 1:11.4r11r..
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OIIIIIiruhle •1ddili1.wa! 11/.1011111 1lainl,1..nnI, Ch41rK, Hair a- dr. Iol
in ill(, 111%1 Hill:. II 111,11.nul I'rrii,ok wf N1.60,'atnm Sirl i,1. E%hil i1., e1n• Chorkl' Halr. if nm, 1111 a g1'n,rnlh in ,fir,t for n4•w
1.nl, rn.
4ddi6oonal Ilrndd,, solid d4.11.eur Lhorgr•i, will o wim r Ill- up1,11 1111.
roppiraliun I& Ihr Initial lotrirxl of "Ilid 1,nuu,r S,nirr• 41r loo Ill,,
rdlrrrirr• Ilia,- of Ihr Up1i11nwl I'rrioml 1.r 1'"ri,-l. If 11arnl,nan„' Srn• III RCHIP41 f11'1'h11
ire. whi,hrfrr i. h11rr. 'I'h, (nilial 1'rri4Hl If 11:1i11n'nan,I• tirrlit'I-
r1.uuurnrrP ill Ili- Ilay I111,ndal thningft I'ridar I f111llnliult Ihr Ihn 111,11 EligiLlr n1,u161~ 111nrg,. do 111.1 711,111,10• :IlHliti1.n;d 111.111111, 11ain•
lrnlnn r I;harK,.,
Ihr flan 11 will hiur i. !n.lallyd, a. rpr4 iGrd by IHM, 111111 11:1. it
rlarati Ur/ as e.tahli,hr,1 lit willing h,, IHN. If Ihr Initial 1'Pri 1.,,l 411
Ilahrro-nimie Satire rxpirrn nn o hridill Pr Sulurrlal, it will lot If i111F:\fIN •51,f;fli
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If Ihr Cuernn4rr h9lue.lot nlainlrnanrr N'nirr 101r a Phin II ilimhinr• S,nit r fur it I'Inn II n,ar1161,, i1. 11110.1 apgrwd,. told hv4lp,., 1.n
tUhe p,rfanlud ill a lirllr uutr•Idr Ihr• p"Irrrlr,l Haar lotri1Hf u1.Ililti11na1 II1.nIlwt Ihmwµh Iridal ,11.111 hr Ilir• .,1n1r hour, rto4h 11,11. and Ihr
I'r'ri1Hl. III IloinL•unmr tirr,;I o-, Ill, to will b1. "'o nddili1.nld rh,r+gr• fI it 1'11iI1,I 1.n 41117111"4 "1 4nri1 01,111 L, 110,, .,n11,~ IrHI1, On ali Salurd.n.
nm!alenamrr part.: huwrrrr, the while will h,• fumi,hrvl mOrr 1117. 41rSunda) 111 It .illld,' -.I ,,1.n. ill Ph IN 11111.1rhirl',luNit '111„ Ihi.
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1170 2616 0 CUSTOMER
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4ccepJed by: City of Doitton
international Business Machines Corporation
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r{ulhrrl.nl ~iFn.tutr r. elmis E~.1r4J~,41Rlvrurr
W. Hetar iLEi 1C~1!ln~
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eusinsss Co'ntlroIs~sneger CITY "VI.It 1 R
81 6,1..16, .................1..................1.
98
,
On ........MaY May
18 1 ........4/x/82 ran
On
IAre rule
PLEASE PRESS FIRMLY WITH BALL POINT PEN ON A HARD SURFACE FOR MAXIMUM LEGIBILITY.
2
r+:1' a 1 e o
ru MM117 72
. F'
r Interrtational Business Machines Corptorption ; f Armonk, New York 10504
1111VII rat too 11gr(v ineut for Leal poll Rental of IRJI Machiucs for flan 1)
0I1lional Periods of Mainlf'nance Srrlif•r'
.lilt 111111 It flflirl 14,11,..•
1)', I'll t'Illrlll \I,,; ~ pit'
IBM Corporation
P. 0. Box 47661 111,111,11 ports ``I,.: 121
Dallas. TX 75247
\;1111. awl 1441,•.. 111' (,IldIClll r: 11-tu111rr \1.,; 16026-10
City of Denton
215 E. .94cKinney
Denton, TX 76201
J
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'llu•rlufll'r. III 1}m111.h 111'u•I ( har);. poll Illridll 11I'fil.d 11larFI' pie - I,rln'Ir.r ire $4117411 Cordr,r,r Prrilr,l llourhh G1wFr1
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.ulIt Ifiitial Plrilill ,if IIaNirtianlP hlnlirr Hill Ill 1111 a IllaII11aI. Ihi wdr(1,11 It I.(. 0-'l lie4 aiul 171,1i„tiel IN' Iioll. Pf llaintrn,n„I
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f'rtiale of llnialruunrI, srn'ItP. 1114'rr still Ii' till adlliti,+nd1 Ilmr)w flit Ill thpl nn : ad1nl11 lot ~unlLn shall hr III' .airl'. hllur. or: -di S.untdal.
nuthdrnnnlt part,; hohrter. Ihi „d ill 1, hill lop, fnnliaud uwlrr Ihi, 1 Furnlal.. fn a lplI \,t, I. III f'Iar11) nl.Idli111Ill Its 111i,
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1179 2816 0 CUSTOMER
IV MW111 79
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1;. i41 r. r~l, ~n•I ,r t r m hn iv J. r ri, If111 IL~u r iri, 1..
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I~i~r I.I~ .I d L~inlt r,it - nJl I r tI II i 1 is Ifrr n .I I. mg ifrv Ihr Irnu "Ili i. Iprr nlrl I` .hall rur gut illy lprrn_
innnr•~I VI I•,ir ;i rnn1. i•. •61 ill u,. I,,. In nl frl I. nr nt firld:r nl IIiVI Vhn li i~.r. l n,~v iln ~ lil a,J Ir r..u l y rlrul l'lll
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4/8/81
On ..................................~Yi^
Atcepfed dry;
frtternatio/I, ' 89 m c In s r on City of Denton
1-0
A W hrria~l ~iRnuhnr
L rw Hetzer G Cli S ,I, ^I,r"
1'a"w (lylr rrr hdrel
Buslness Controls Manager
....i.ilk CIT'Y. MAATu,
On
May r 1981 ja~ lilt-
UII 4/8AI
n,l.
PLEA8E PRESS FIRMLY WITH BALL POINT PEN ON A HARD SURFACE FOR MAXIMUM LEGIBILITY,
112021160 2
IV MOO,!) 79
l.ECEIVEep
.UUT1fWESTERN REGION
International Business Machines Corporation
Armonk, New York 10501
- ~n s 3 36 ~ ter
Amendment to Agreement for Lease or Rental of IBN4 Machines
State and Local Government Lease Plan
n
IBM B ranch Office Address: P.eferenceAgreemenlNo.; /aCG,- ~t 1
IBM Corporation
P. 0. Box 47661 Branch Office No.: 121.
Dallas, TX 75247
Name and Address of Customer; Cumomor No,: 16026-10
City of Denton
215 E. McKinney
Denton, TX 76201
International Business Machines Corporation (,BM) and the Customer agree that the following terms and conditions amend the
Agreement for Lease or Rental of IBM Machines when the Customer elects a State and Local Government Leese Plan for machines
and/or their model upgrades and features (together referred to as machine or machines unlees the context requires individual
reference to model upgrades and features). Specific machines, modal upgrades and features become subject to this Amendment when a
State and Local Government Lease Plan Supplement(Supplemetd) c:one.r R; 'I- Customer and IBm.
Contract Period specified in the applicable Supplement unless written notice shall have
Each machine will be furnished by IBM under this Amendment fora been given to the Customer at least three months before tie scheduled
Contract Period as specified in the Supplement, The Commencement sudcateh notice machine shipment as specified a in the applicable ucvochment. If
Date for a machine being installed will be the day (Monday through to given more than three months before such sceduled
Friday) following the day that the machine is installed, as specified by sh ipment date, IBM may not increase the Lease Plan Monthly Charge
IBM, provided the applicable Supplement is received by IBM on or end Upper Limit Percent as specified the applicable Supplement un•
before such Commencement Date. The Commencement Date for utitntil the the end effective the Customer o fiscal year in which ouch is l notice is-then or
machines already install•i will be the day the applicable Supplement is ve date new Upper increase, whichever ater, snd the i the
received by IBM. The Expiration Date of a Contract Period will be the crewed Charges and Contract Per Limit Percent shall be used for the
day specifid in the applicable Supplement, and is determined by the Libalance of the Cnt net Period for determining subsequent Upper
number of months In the Base Term specified in the applicable Sup- Limits. t the event is increase is Lease Plan Monthly Charge d, p
plement. er Limit Percent to made to any machine not yet installed, the
Customer may, prior to installation, elect to void the Supplement for
the affected machine.
For a machine which is installed, IBM may, upon at least three
Charges months' prior written notice, increase the Lease Plan Monthly Charge
There will be it Slate and Local Government Leese Plan Monthl for each machine, model change or feature, as specified in the current
y Supplement. Such increased Charges will be the lower of (1) the Lease
Charge (Lease Plan Monthly Chargge) for each machine, Instead of a Plan Monthly Charge then in effect for Customers commencing a new
Monthl?7 Lease Charge cr Monthly Rental Charge. For Plan A machines Contract Period or (2) the Upper Limit in effect for [hat year. To the ex.
Plan Cthn:a Amendment w Ie be a:`MI he no onthlAdditional as as Charges.
bed In tent that any increase exceeds the applicable Upper Limit, the excess
y U&e Char will automatically be effective on ensuing Anniversary Dates. However,
the Section of the Agreement for Lease or Bengal of IBM Machines en• the Customer will pay tam the Lease Plan Nlontlhly Charge in effect at
tilled "Charges." For each machine, the Customer agree' to pay IHM the time of the notice until the end of the Customer's fiscal year In
the Total Lease Plan Monthly Charge as specified In the current Sup• which such notice is given or until the effective date of the Increase,
~Iement and and applicable Monthly Use Charge for such machine, whichever is later.
6egmning on the Commencement Date, through the Expiration Dal'! The Upper Limit Percent specified In the Supplement will not be in-
of the Ouitiaet Period. creased during the Contract Period.
For each year of a Contract Period for a machine. brginningwiththe IBM may not, during the Contract Period, increase the Purchase
Commencement Dole designated In the Supplement, and thereafter, Price or decrease the Purcbase Option Percent for a machine, model
with each Anniversary Date, there will be a maximum Lease Plan change or feature as a ecified in The applicable Supplement,
Monthly Charge (Upper Limit) for that year. The Upper Limit for the If the applicable Supplement for an on order machine has beer
first ,,at of l e Contract Period Is the Initial Lease Plan Monthly signed by the Customer and IBM, IBM may not increase the Purchase
Charge In effect for a machine on [he Commencement Date specified Price or decrease the Purchase Option Percent, as specified in the &p-
in the SupClement. The Upper Limit for each succeeding year Is plicaNe Supplement, up to and including the Scheduled Date of Ship•
calculated by Increasing the Upper Limit for the precedingg year by an mcni as epceified In the initial Supplement. In addition, IBM may not
amount which Is derive d by multiplying the initial Lease Plen A(onthly decrease the Purchase Option Percent as specified in the applicable
Charge by the Upper Limit Percent specified in that Supplement. Supplement unless (1) the Customer defers shipment after an an.
Upper Limit calculations for model upgrades and feature additions nounced decrease in such percent or (2) the Customer defers shipment
are made in a similar manner pursuant to the provisions set forth in the before on announced decrease In such percent and the revised
Section entitled "Machine Modifications." Scheduled Dale of Shipment for the machine Is more than three
For purposes of Upper Limit calculations under this Section, when a months following the date of the notice.
machine becomes subject to the Contract Period on or after the an. The Purchase Price fcr the Contract Period will be specified in the
nouncement, but before the effective date, of an Increase in the Lease applicable Supplement and shall be the lowest of:
Plan Monthly Charge, such increased Charge will be used as the Initial
Lease Plan Monthly Charge. 1) The Purchase Price as specified in the Supplement In effect
for it machine not yet installed. if the applicable Supplement for immediately prior to the commencement of the Contract
such machine has been 11 tied by the Customer and IBM. IBM may not Period;
increase the Lease Plan f.fonthly Charge and Upper Limit Percent as ii) IBM's established Purchase Price on the date of shipment;
s Pfearesend all communicationato lBMatitrbraacnofficeaddreufinedaboceunteasnnalicdtothe contrary.
21U M V07 REV. al7a I CUSTOMER
r ~
lip
iii)IBM's estal listed Purchase Price three uonths prior to the DOII'A'GRADES: During the Contract Pcriod or Extension,
Scheduled Date of Shiptrirnt as specified in the initial sup- upon one ri)c is written notice by the Customer, a model
pl, men I, if the CusIo,n r dote r„I defer shiprnenp or downgrade to an installed machine may be made only at the end of
it) Ih1I's ,s!aLli hcI Ponl,ara Prise three mrnllis rri r tr Ilie the C'ustomer's then-curWill liscalytar or, if the Customerelectsto
reii ~I S, h, In1ed 11 it. of Ship;n rat ii spt ilirJ in Ill r:rrrnt purchse.al the time of rurrhase. Acnodeldowngradeisdefined as
Soli,1,r,-rul,iflbeCcstrnv:rd„rsdefers'lii•mer~thrinrtoan ttmodelcharge uhidrre,ultsinadccreaseinthetotal I-casePlan
ann..uncLd prirc inrtYa,e, Monthly Charge. For a model downgrade, the Total Lc;,sc Plan
Monthly C'harg, rill he reduced by the difference berneen the
A uh , -pi t t , a C, nrraci P, n„ 1 F-ttrn,i„n Ih, rriaiftrr lit ferro I to I case Plan kiorrhil Chap tc for tee installed model as specified in
a f-Bell,n- d rlJ it Il, a,•, ti o„ nlilh•d " clear t P„rL,d the curr rat Su,,plcmcnt and the Le~ise Plan Month;) C•hargcsvhlch
F xrr sip„i,' ,r d.•- ot; t ,-I,I, rudPt es1i nitin th. c,,arr.,rt wale to effect frv 1Ls rc,ultin. dvc11ge rded model as Of the earti0st
I ri I,rFs'fii nlr l„ r,irr •Ihvth,l t~•,sra 111 tiV ojv datcduringthc[,n,r,,,*Period urFntcnslnnonwhichtherrrchine
r 'tit r I!... t LI', !,!r r. iIc ('J.,rf.~-, ll .rt'~ly I • Ch ,r,,, IL,r;. cont+in:d tie lwkni..r,dcd rnedct, a-Jjusted for suhseyuenl price
t ' J , i 1, I I ..I t 'r , t 1; r H
. ''i at A „ l,t!d h.1e I,
'i ' ~ ~ ' r : " s ccu ni rl, c.tt+: c to nc: resullinj
w,lt,, n n li,'.-•Ilm r-~1 '•a'I h,,r Ii , rr piirn tp I I t-,.~!i 1 nuv of duwncradc,l model, as pn,',idc,l in the :icction cntilled "Cherccs."
a-t tlir,, illwieh,!, f, n• Ih,•t, r,i r,l :it ILr,e d'llir lxr,ii Ione m,,nth't I•rl,,r wrirtcn nntl,c by the Customer, a
ex,, pt a. 1, , rii 3 in it rii, H,,1: ,i "',iIsi,'n's! riff, trl„ri:." fv tturc ro i% hC rcrnmed front an ino ll!cd n,aehine at any' time
3 u l a" ;.rni 1 1,, r, i.,, dl oltoo rd in I , ns,• I'lan .hl ,,1,!y darin4 rive Cs,r,tr«ct P1110J nr T ttur.ion. I or a fcatort temo%A,
C1,arp , I'i, rehr- . I','Ir,•, Par, Ia-- ot,6 q P, rccnt oa'd I'iiprr I i•tIt the Inc.,! I. e.u• I'1 ill 1f,mlhly (h:u1'e sill he reduced bV rhC l ea'.:e
P, rr, rat ~ha!1 11.11 -nn.r cfrr, ,i:c „n rh,• d lie s;,critic I in 11e notice of I'Lrn Ni l large as npccitivd in the current Supplement for
suncchange. such features.
In11 will provide the Customer a revis d Supplement reflecting any
changes tflrrcin on or after the effective date of such ch tup,rs. This will Char ~rre r After Expiration of the State and
be the current Supplement ss r,f such effective date undcr the leans
and cm,diliona of this Amcndrnrnt. The applicable Supplement is Ibe Local Got•ernirivnt Lease Plan
initial Suprirnnvrt or rnrrenl Soppl,viral, as apprnrriale. The initial If the Contract Pcriod or Extension expires for it machine, the
Supplernorit is the lirsl SuppN rw nl si;lnn,i h) the Cus lm, r anil ml in Cu,tomcr agrees to pay tn;,t in accordance with the then current
which a machine, model upgr tale or future first appears. charge., terms and cordilions fir a Rental Cc,ntract Pcriod under the
The Sk,rthly Use Charge Rate for Plan C rrachioc+ is suhjrct to the Agreement for Lease or Rental of 1 n",i Machines until the Customer
same provisions as apply to Lease Plan Monthly Charges, as described discontinues or purchases the machine.
above.
Contract Period lxtensinn Purchase Option
The Customer- may extend a Conlruct Period any numt,cr of times
for a period of one year arid once fur a period lesu than one )cur by The Gistori may elect to purchase a machine at any time during
executing new Su F,lemcnl }},rior to the expiration of the Contract Ilan Contract Pcriod ur Extension under the lams of an Agreement far
Period orExtension it
Then in elf, ct. The C„mmrncerncnt Date (if an Ex- Purchase of InstuL'ed Intl lilachinrs. Upon request from the Customer,
tension is the day in,nlediately fulln%irlg the cxpiraliun of the Cor rap t i91t will quote a act purchase option price for such machine as of a
Period or Fittosion then in effect. The Cr,slwncr agrees to pay IN>l the sI cciEic month that is not more titan three months from the date of uric
Total Lease Pl in Monthly Charge and any applical le Monlllly Use request. The net parollasr option prirc, as ell •rlated for each machine,
Charge thruugh the Expiral Dale of the Extrusion as specified in tuodel upgrade nod feature, will be the lower of:
the Exlcnsian Supplement, i) The Purchase Price as erecificd in the current Supplcrnent,
less applicable purchase of tion crcdit.v not to exceed the
Slaxin,um Purchase Accrual percent, as speriCed in the initial
Alachine Aludifications Supplemenl, of the current Supplement's Purchase Price; or
Machiri inslalk,,l undcr Il,iv Amrn(tru, nit to iv bye morhfird by field ii) IoM's then current purchsc price on the Effective Date of
inslal!ahle model ehauges and G slur, r in the 1'nlinwinr(,na„nl'r 1'urrbas,•, h•a apylcable par, ha--v option credits lint to cxceeJ
Ll/'GItAf1fiS: Model upgrades acct feature additions may be the Maximum Purchase Accrual Parent, as specified in the
installed undcr this Arnendlnent any time during the Contract Effective infffect e Not- tcIhnst' s then current purchase Iaice tan the
Period or Extension by executing a new Supplcrnent. feature ecfiv Uah of P uasc,
additions will be installed at tailt's then existing at trticahle Lease Purchase croon credits will accrue individually for each machine,
Plan Monthly Charge. Model upgrades will be installed at the dif- model upgrade or frature for the Cunlract Period end do not accrue for
ference between tact a then existing Lease Plan Monthly Charge Extensions as dcsrribcd in the Sectioncntided "Contract Period Ea•
for the model lo be installed and IBSi's then existing Lease flan union." Purchase option credits are not transferable to other
Monlhll Charge for the installed model. For the purpose of Customers or between machines or among a machine, its models and
detennrning future increases In the Lease Phan Monthly Charge features.
and Upper Limit, as set forth In the Section entitled "Charger,', Purchase option credits earned under the Agreement for Least or
such model upgrades and feature additions shall have the same Rental of IUM Machine for a machine. placed undcr this Amendment
Anniversary Date, Expiration Date and Upper Limit Percent as will Le included hereunder undcr the apFplirti prior provisions. In ad•
the installed machine; provided, however, that any increase in dition, roci purchase option crc,fits accrued under this Amend.
Lease Plan Monthly Charge applicable to a model upgrade or meet will be equal to Itle Lease Plan Monthly Charge as specified in the
feature addition announced prior to the inclusion of such applicable Supplement multiplied by the Purchase Option Percent as
equipment In a Supplement will be effective to the full extent of Iperi(icd in the applicable Suppl men[. Purchase option credits shall
the inerease on the date specified in the notice of such increase be applied In the order In which Ih^y are first incurred. Ilowever, in no
and will be the Lease Plan Monthly Charge used for all Upper event may the above purchase option credits accrue for more than tha
Limit calculations, The Total Lease Plan Monthly Charge will he Maximum Accrual Period as specified in the initial Supplement. When
Increased by the amount of the increased Leas. Plan Monthly a machine, model change or feature ceases to be installed under a Sup
Charge as described above for the model tr x or feature plemcnt, all Slate and Local Government Lease Plan purchase option
addition. credits accrued hereunder with IeLird to that machine, model change
The Monthly Use Charge Rate for Plan C machines Is subject to or feature shall expire tccept to the eatent that such credits would have
the same provisions as apply to the Least Plan Monthly Charge, as been eligible under the terms and conditions for a Rental Contract
described above. Period under the Agreement for Lease or Rental of IBM Machines.
, r
~ t
Tfrntiniiii or Discontinuance the Customer upon one month's prior written notice or by IBM upon
The Customer may, during a Contract Period or Extension, ter- three months' prior written notice.
urinate the Supplement or discontinue the machine only t the end r- The to
of the Agreement for Lease or Rental of IBM Machines as
the Customer'; then current fiscal )ear upon there months' prior writ- amended by this Amendment, shall prevail notwithstanding any vari•
ten notice to IBM for a base central processing complex (Cl C) unit, or cone with provisions stated in any Customer order. In the event of any
one month's prior written notice to IBM for a machine other than a CPC conflict between this Amendment and the terms of the Agreement for
unit. Lca;= or Rental of [B'.11 Machines, the terms of this Amendment govern
Any removal of a machine uFon the Customer's re uest during a with regard to the machines, model changes and features listed in any
Contract Period or Extension for return to IBM for any reason, in. Sup dement.
eluding machine replacement for model or feature changes which are hT~IS Amendment is not cancellable except as expressly ich it is
not field installable, shall be considered s discontinuanre for purposes herein; nor mar any machines, model changes or features re which it is
of this Amendment and will only be aliawed at the end of the appp8li1cS able be discontinued except ct expressly b anent b herein.
Customer's then current fiscal year. [ may modify the terms of this Ameny pray oncethe
Customer with at least three months' prior written notice. the
nwdification will apply on the effective date specified in the notice to a
new Contract Period or Extension which commences on or after the
General date cf the noiice, but will not apply to n Contract Period or ExltituiUn
which commenced prior to the date of the notice until the Contract
This Amendment is effective from the date on which it is accepted by Period or Extension has expired or been terminated.
IBM. Expiration or termination of any Contract Period or Extension In addition to the pprrovisions in the Agreement for Lease or Rental of
shall not terminate [his Amendment, it being [he intent of the parties IBM Dlachines, 1111 1 DOES NOT MAKE ANY IMPLIED
to leave this Amendment in effect in the event of future Contract WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
Periods or Extensions. This Amendment may be terminated concurrent IMPLIED WARRANTIES OF MERCHANTABILITY AND
with or following expiration of all Contract Periods or Estansions by FITNESS FOR A PARTICULAR PURPOSE.
7
iti
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Received by IBM tt...118Id,8S/.1~J
e'
Br/`ncfi Name/Nnmbr By------ J1L~
Manater's Signature
.................1(a .;Et3emelTr
nAV' or Pint)
On
a
Accepted by:
interna`line o ration...........
lay
Aat set Ig alon Br~~%t{•~jr`il4tlro' -
I
w._.Hetzer as. CHRIS HARTUM
Mama4TypeatPrinlllt~
.~►s~ln4ss.~~~sr.4l.~.tlR _ liarnelT)Dtorrrlnt)"
Title ►a~ggL M.~
On.......... h0y..1 &e.. )9.81 "Tau:
On-- •9181 1 .............]Date
nat. Dale
PLEASE PRESS FIRMLY WITH FALL POINT PEN ON HARD SURFACE FOR MAXIMUM LEGIBILITY.
rintmt• 3
tunamtl rev. ant
CUSTOMER
SOUTHWESTERN REGION
,International Business Machine Cara trOn Armonk, New York 10504
AY 36
Agreemenl for lease or Rental of I Bbl Machines
IRV firmrohoffice ld~lrrs+; Agreerr niNo•: /,j- --alp
IB1I Corporation
P. 0. Box 97661 Brant hOffice Nco: 1.21
Dallas, TX 75297
Nameanil %ddrr.•r,fCu•l,,mrr: C:.. 'umerNro: 19026-10
City of Denton
215 E. ldcfCinney
Denton, TX 76201
Inlernarional Ru-iness 1larhinrs Corporarion (IHSQ and the Customer agree that the following terms and conditions will apply to any
Customer order fnr Ira4e or rental of its; machines that is accepted by IHM under this Agreement. Under these terms and conditions, IHM
wild 1) lease or real machines to the Customer, 2) proride maintenance service for machines and 3) as available, furnish programming
and programming services, all as described herein. The Cusicrner agrees to accept the machines, maintenance service, programming
and programming servir.vs under the terms and conditions of 0 is Agreement. The Customer further agrees with respect to the
machines aril ,rograntming to arcs pt the responsibilitc for 1) their selection Io r,chicee the Customer's intended results, 2) their use
and 3) the rn•su`ts o6lained thirefr~un.'fhe Customer als„ has Ihr res'ponsibiiity for the selection and use of, and results obtained from,
an other equipment, program. or srrnires used with the rnarhincs an i pro; 'amusing.
he terra "machines" as used in this Agreement refers to rnarhincs and/or their model upgrades and features unless the context
requires individual reference to m' del upgrades and fealcres.
Specific machim s, nlndrl upgrades and feature: hecome subject to this Agrrrnivni when either 1) a Supplement to A reemrnl for
Lease o. Rental of IBM Machines (Supidcrocni) is signed by the Cuslurner and inil or 2) other tritivri order is signed by the Customer
and acceded hY r81t
C04VTRAI,71 FRrfrl) CrLfRGh"S
IBM will drrcrminr the I.r se cr firnlal Contract Peri,id or Pirio,ts IRM will dourmimi, the Monthly Lrasc Charge or Monthly Rental
fnr which each machine in efigibh. Thr Cusrnmrr may erlrrt the Leusr Charge applicablr to the Lease or lirmal Cnniracl Period or Periods
or Rental Contract Period tar rarh ataemr front the alleroalitrs fnr which rash machine is rligilde. In addition, IBM will specify the
available, Plan Offering for rich machine as:
Lease Cenlract Peri Ptan .4; Earh PIan A machine which is installed under a Rental
Comrart Piriod I% sullied rm an Additional Use Charge for
A Lease Conlrart Period has a Commenrememl Dalr, a Base Tani billable lime in rerrss of 176 hours in any calendar month, as
and an Expirulion Dalr rarh of which will hr specified in the Sup measured In an IBM meter, at an hourly rate which is equal to
plrmrnl. 1/1 6th of the Monthy Rental Charge multiplied fly IBM's ap•
Eligible machines hrcornr subject to the provisions of a Lease Con. plirab!c Additional Usr Charge Percenl then grnrrnlly in rfrecl.
tract Period when a Supplrment tiding the marhinrs is signed by the there is no Additional Use Char gge for n flan A machin which is
Customerand IBM installed under a Lrasr Contract Prrind or Extension.
Thr Commencement hair for a marhinr being installyd will hr the !'lain N; For each Plan B machine, the Alonthly Lease Charge
day (Monday through Frida)) following the day Thal the mw hlne is in- r Monthly Rental Charge pruvidrs the Customer with unli.rM
stalled, as sprci ied by faM, prosidrd the oppliral,lr Supldrmcnt is use in any calendar month.
arrived Ly IBM on or before such Commenvernent halo'.
The Commrmemrmt Date for a machine already installed umlrr a F'tan C; Each Flan C marhinr is subject to a IVinnrhly Use
Rental Contract Period will he the day Ihr applicable Supplr+nrml is Charge which is dorrminrd by muftiplying the amount of
recrived by IBM, The Crunmrnrement Dare of a mew Lrasc Cnniracl Vocrs,ing pv,fnnnrd by the machine, as measured by an IPM
Prrind for a machine already Installed umler a Lrasc Cnntrarl Period reter. I'v rHM's epplirahlr Monthly Use Charge Rate then
or Ex tension will be Ihr rfay inirmedialrh follot,ing thr F:vpirallon Daly generally in rffrer,
of such ;.rase Conlrarl Prrio,f or Esn nsion, prat idrd thal the all. Clo ril fnr r.irlc marhinr will begin on the Commcnirmrnt Daly of
plicablr Su gdenlrnt is received by IBM on or before still C,om• its Lease Contract Prrin or Eurasian or Rental Contract Period.
mencemrut `)ate.
The Expiration Date of a I,rese Contrarl Prrind is delrrnlinrd Lease Contract Prrind ;Monthly- Charges
initially by adding the Base Trrm ks the Comnmm'ernerrt Date, and
iFrreafirr may be adjusrrd as drsrrihrd in die Srclinn rnrillyd For Lease Contract Periods end h rr a ions, the Customer agrees to
"Machine Morificali." pay the heap lira Monthly Lease Charge for rarh machine and,in ad
A Lease Contract Period may be exirnded as described in the Sec• dlriun, the applde Monthly 1'sr Charge for rarh I'Inn f, machine,
lion entitled "Leasr Contract Period Extension."
Rental Conlrart Period ;lfonthly Charges
Rental Contrart Period For Rental Conlrarl Periods, the Customer agrees to pas the op-
A Rrntnl Contract Prrind has a C+,mmenremrnl Date and is of in- plirahle Monthly Rental Cherggr fnr rarh marhine and, in addition, the
definite duration, afq lieahlr Additional l!er Charge for each Plan A machine and
Eli We poor hines become subject to the provistnns of n Rental Com Monthly Use Charge for rarh Plan C machine.
tract Period w}hrn a writtra order is signed by the Customer and ov.
er llefrr Readings
We by 1JM
The Commencement Date for a marhine bringg installed will he the IBM will inslall and ntnintil its meters for Plan A and Plan C
Jay (Morwlay thtoukh Friday) following the lay Ihat the marhinr is in mnchinrs. For each flan A marhine, where required, and for rarh Flan
Molled, as specified by IBM, C machine, the Cuslomer agrees In furnish a monthh report Ill IBM
The Commencement Dale for an eligible machine already instil lrrl ehmving the meter reading as of the close of the last work day of each
will be the day following the Expiration Dale of its Lrasc Conti art calendar month. The Customer agrees to use due care not to interfere
Period or Fxlen!ion. with the proper nperolinn of the meters
Please tend all rommunirariana to Islam Its bran A n1 icis Otedabore unlrsa nooffied ro the ronrrary.
¢tlono}t
Nas Oap 1444 1
SECTION 1
r +
In, n'n`rs in f,r;err of rhsc! l5•ri,rrl llr+rrfllly h;U¢rc pr \ i.i,,f, ,l, l rlbr,{ in the ti,, ll ,n, rnritlyd "Ito T a,I, in Leas (:.in
.
Irma Ile ri I is Chit and "I'urrha„• Opti, n. Pri„r to I'll-Fir I I h I r it I I.rd~r it rI I'r rl^1 t^r .I m.r iill Iii ylgllliitL L%{iIIJ
U 11 Ildlr 1.1 a LPJ•r I11 nisei I'rr;,l I or nn,+V,'1r Ex 11 rHpln, 111%1
„iris Ill I',, ci i, r1 , , i, oil lifer i, II•r.U,,l in rl It 1111, Jnd will la,n i I, the u,l, nu r with writ'n nolirr 1 if all l charge;, hens
III,'r,1lllir ,Irl III i Is rlrill,'r,Ir, Irl1• II, r' will I IT i.IIill Iorl :Illrl,1111'1tl1'11,III10F;t1,'n,I,lll.
11• r1 •,Il 1 1 I',h 1ril II { Ir r 11111111 t r I1i.11 ur I hr I I I cr I iluiI Thy IT I- I,•er E%ten,ii al Period for each machiov will sonum•fre
11 tr,I if IT ill ,ll, I.. i,, (",fit-I 1 P, ri, 1, !hr owio i! lll~gnrhh au 1, an ,l lc al it t,rilr„ Ill- Cu,lornrr i IRm in writint!, tot hrfore
I r i-I I'li.lr{, i t , Ito, 1 1. r a Ills, Ii ii,in Ihr I:l illllu n.'oIll, 'nl I) ,rtr Ihr P%pirdti 11 11.,Ir it 1111, Lfafl' C„ntrret f'; or current orte-)car
rhIii Ill J11I ;d, uirol 1 1,• I ll{. r I nail I l r I it 'ill III ing %r•Ir Lt1, n-i„ti I[I II IIt i Cu,t nlcr cleft, r'r,r of Ihr following rhrfire,, u,
n!, i,I lr„I h% iIl rI,rir.l! Ili, I liprr I.ir•,I Ilit II, pr I.IJ,nu ,r,1r 6% ;n,t11,lf1r:
a1. .1111„Ilnl %,hii It i, i{, n„ I b% tunlrit I,tnA, Ihr inilr.ll 1l if lIi If i., ,1„ al h, e\tvnd for a pfrf:,d of Ic„ than uric %rar at rill' rml ill which
t,it I I., tF„ I pp, r I.Ilwl It If rtit I reined In Ihr Sit pldrif iIIiI File 111110 IhrTo .rrhior will hrp!arlrd uIt if rrJ Rental I:"nrr.erl I'rriod, if
Ihr„ 11, 1111 , II,, whim a 111 11 lIim 1,•, Iii„uI•je, I r'i rhr pnit i,ion, at ild lr, urlr,+ u l het w i. e rdrer,l:
I J Ir•r•r Ill riit Ii l P, ri,rl nn rrr il'rrr :IubiunornI, nI, hilt I , n• Ili 1,1 itrruIv a Sup pi( Ili III l for a new LerifeCnIT lrarl lied Ill
r iII , li%1 ~h~II rer w li,l I 11 k 10 10 r I , I in Ili, Nntld, I l I i Ir urh tit rl I,I I,IJI the nlarhiur uodfr it Rfnra1 Cuntr Ivr I'I rllrh or
1
Itr IIIitial 11r,nthlI 1,l, I. 1 haru,. ~I1 h, I- W, 111 ^ till, i hine.
F' r I I11 t hl Irr,l \,'I iu.tlI11, 1, It 111, S,II,I,h'Tit, I I t t r Ii 10• I 1 111 binI if ,I { I ti ,II• rite Cu,li mfr Ir1,1% ,{I-r, II1;Til• a 111 ,II)IiIll,
cif II.aturI' I,r
, ell 1x1,1 l % Ills (,u,I, ilr'f .eels{ IIt it . 11111 T,11 IIn1 in, r,',Ur IlIr r,ll„I A if l,ut„I iIl,A rig r1lI'ffrr111r Iirl rIn, I.Al,ll all, if Ito le of
;1 !.I'J,I'
11
I ,111111% L,, n of l,II dl, Ib,~ I~arr,rr ,11 } r„ r,l t n t br 10 r 1 r 1 1 , N n i t , n tl, tr,• fi~rt i~r F,1 l f l l,f LI p,m 1, n1' I I I„ath', pr l l,r
xl it lrn 11 1111,'1
,
I. n, I u, 11111, I„ II,rr the
d.Itr ,d irnii , ❑I. In t I I ,•%rriI ,nrIt an in, r,l,r, Il,c t;11,1rIn, r rr,r% 11,fCllINF IIof II17(:.f17r1'S
T, r, ld Ile c II l l l,l, 1, u' r t I„r Ih,• :111rr1,•d I I I,Ii iwithin .fur
itI„I I tit „I w~111'i 1tII „I',II i im rear I, I H Vt I ••,n tfo• Cu,b,nlrr•, writtan n•qur, Iltm will mater 111 I inIl ahlr
F„r ,l "II I r I I wh i If i n I, , 110,,,lei ,r lr.,tun oh,ln~;,.tn,%Indrllinr in,l,rllod uw{rr ill i. Ilgir nnnit.
hd, 14 %1 111,11 Inrr.Illy ILn~lb%
LI, i,r I11, tr!,• 1,p,•I I dire,' ni ,ellI,riit wriIf n IT,iti, Surh irm rra,,. iI 1iledI f frgrrLxanIi f'cafhr, 1,(Liore e
1lonthh Lca,e Ch,rg1, wIII b1, the lowest oI 1) 1111, 1lnnthh If I'IIIaI A IT nlrl ul grwle i, defined as a in nif cl rIf aIti w high r iIt in an in,
Charge generally in rffrrt for ,urh machine ,it Ili(- vi l Iili- dale cruse in Ihe'IUauhly LralChargr or.Monlhh Renrnl Charge,
Specified in the notice, 2) the 5fonlbly Lva,i CITTel grnrrull} in rffrrt t,
for .urh nrJrhinr ,.n the. rffrrli%r dale . rri ir,l ill Ihr nolirr for F do it model oral ,l or feature addition W a nlarhim` in,taed un,
Cu,h,nlrrf ronlmcm'ing e. ru•w Lear (ll, p, l ,ll with Ihr ,,nnr I, r a Lra,r Contract Period or Exter inn mat he plarrd vii under
Ha,e Tetra „r I) Ihr I, 'pllrr I.ilnil in rffrrt For Ihot y cur, and, 111 111,• r%. Ilrat Lra,r• Period el Prri ,dal, F.xtrn,i,,n or, if availar, under a Hrnru!
lentethta,Ians in(rea,e ol1, Ihr rpplirehle I'pprr Limit, Ill, ,Ices. „It I I l Iriml.
n'ally hr r(frrrise on rn,uing Ant it I hate,, a) ) If If pfu'ed under the Lear CnntrllI Prriud rrr Etlrf,inn, the nuulil
will
a{{'(cafe rrr I'ralun addition will he in,t:,llyd fit IRq'a epplirAr
I., Limit Prrrent,prriFic,! in the Supplrmrnl will n, t h,. in
rrafcd urih the Leese Contrail Pill it in I 11 tell 1,1-l Charge and %fonlhly I ,r Chart Rile, if ii then
The 51 v l.ru,r Charge for a felt del upgrade, or Fwrtun udiliti,rrt "'•rrr rally in rffrrt fill new office, for uu•h mrrdrl upgrade or
Ii Lr itlcr VL L% IHC%i n 01h i1t Ih fame nlannrr on,f in aecnnlulrr wish !',•aturv !ta%ing Ihr ll Rase Term rrr the in,lalled machine,
Ihr eallu• Up1„ •r Unlit 01,- res Irv fir via rind {nrsuanl Ill fill, 'Iti a mo,lrl upgi ii, in,lallyd undlrr that Lvaxe Conlrrl
nn aI It ion,,,, Pill al, Ei•n,il ,,urh Lear Contrast I e and or F%lerlsion will
! tfIT lhia'le if Srrlii mrIi lled''Ill iIflndifiti iorl,." be IrngidoiI to prnidr a rI,lnif nn E%I I iralif In Hate for the
1 he Ni lhh I',1, Charge Ruse for rarh flan C mar%ire crises In. rtt;lehlnr and the 1110111-1 Upon IN torn a feature addition iq in,
ere ,cd h IA%t in to, ,n me manner and in a(Ionlafcr will) Ihr ,•nnr
L ,rallrfi under that Lru,e Conti rrl Period or F.trrn,i, fueh Lra,e
prer 1 111111 eolrulati"nf u, 1lonrhly Li i ('harp,,, Cunlracl Period or E%teal will nnl be lengthened.
F.t( i I a, pro%idrd in this S-( lira; and in Ihr Soo lion rnrillyd "Lea„' 'fliv mrrdrl upli or Glxturv o l w ill a,•urne It.e fame
Cnnli Period Fxlrr iof," all increase, in Iti r III rin IhIV Lear Annkrffon Ill Ibul ual the it Cummrncement Ddi and
Chati Illonthly 1'f• Charge Ili end f'pprr Limit Percent will Ill I,iniit Parent ae the in,lallyd III'L r for purpose. of
I, l1, effrrli%r of rhr date fpccifi of in Ihr mlirr of .urh in, rva,r, (l, 1, relining future inrr a,1,, in thr Monthly Lrosr Charge and
any applir:ehle felill' y L'fe Charge Rate.
Inrrrasre in Rental Contract Nriod Alonthly (:harol h) If plac vd edi a Rrnlal Clad l Period, the mrrdrl upgrade (it
For a machine under a Hrntal Conti Period ill nlav inrrru+r the feature addillun to a rnarhinr w hirh if under a Leave Cnrel l
Me lhll Rental Charge, Adililional file Chargl• fiats nr Mori L',r Chnrgr I'll Own ngrvt,ion will i. F rd at IRtf's ronthly Rental
o, grnrr ' in 1,l lee I. For a ii ua,lr rrr fralure
Charge' Halt- upon tilers month,' prior w rinen nnrirr•. 'I ITT Cusi,1l, nddllnm it, a Plan A A machine, an additional charge-, ae,prrified
Wray disrnurinne any nutrh1i included in urh uotirr on Ihr el lose, by IRm x111 apply in lieu of den Additional Use Chai For a
date of the increase 1111i one monl prior writlru notirr, I)Ihrrwifi, m„lei ul,l 1, rrr (valure nddilion to a Penn C. rnarhinr, lR%!'% all.
th^ ter% Charge and If111rv will hrrnrnr , ffrrlirr a, Rill( ilirrf. it Ado !1f onlhly I,1, ('harge Ralf then gcnri in effort will all.
ply. Tbr Fnpiration Date of the Lr,or Contrail Prrind or Fee.
Destination (:harli rcn,inn % ill fill he adju+lyd.
All dr,linalion chili For rarh marlt mrrdrl rharrgr fit featuer, ll h mofirf I, ill rrr fralure addition to a nlarhine in,lalled un.
both front anti to designated Item lo. affront. T Any 1,iQ king rhargc. will '!1,s o It, 1,,e nret Pcriud may only hr plarrd under a Rental Con•
he paid by the Ci )i in arcorlenre with IRm'% Ihrn rurrrnl ,Drip, Ion , Prrion nn,f %,It lie- in,IJi IRm'f Monlhl% Hel lnl C1ltrgr, and
ring and k1ling practices. The rust of labor for rraIing and fill h,q Additional U%e Charge Rate or Mori L4e (:hark, Hale, a, ap.
Is a Cull riprri rxrept when prr(nrmed at an IRM localion, I'licabh•, then gencraily in rffrrt,
I lie CUI1lfor tit r11:4,nI Da If- for A model upgrade oe fraturr addition
ApplicableTaxea will he the day IN11 av through Fri,hty) following the day that the
model upgrade ur feature addition i. in,ollyd, a, ,prrifird 6,v IPV
In addition to the rharil due under Ihif AgrecnL the Cu,tnmer pi rd tHm has rrrri%r the- Supplrntrnl or acrcpled the wriltrn (it,
agrees to pay amounls r ual hr any laxrs refulling from Odle der by Ihut Darr.
Agreement, or any Artiyitics hereumh'r, a hostile of prol lair, i
lairs bafrd on net iteromr. Model Poll regredrs and FratarP f)isrnntinrtanres
A model downgralh• is defined as a mrrdrl change which refull, in it
LIiA. C(N1'TRAC,T1'hRI( NiThr'VSION drsreafe if the Monthly Lease Charge rrr Morrthly Rrntnl !llwo .
Lfnlct otherwifr,preified in Ihr Slrpplrntrnrl rhr Cu,t,nnrr ma i The Ilnwfgrae of a rnodrl or di%vonlinuom~e of a feature prior In the
lend a Leaf, runtrarl Pell for a mot ne any nunthrr of timer for Etpiration Date of ill Lew Contras! Period or Efflension will Ile ,uh
one year and nnr time for a pt'rind or Iess than one car. 1'hr (;rim jer t to the f,rnvift of the Srrtinn vi yd "Trrnlinalinn Ch iii
'Tile downgrade of a rnndrl or rlisfnntinuanrr of a feature iu,lalh•d
mencrment Dete of an Ealriou will hr the clay re ,,wing Ihr Ill
piration Date of Ill Lcair Contract Prriorl fl, El lrurion Ihell in Hied, under a Rural Contrail Period will not revel in a Trnnination
the chargre, term, and rnndiiinns for the rnfuing Esh•nvion will not Charge
be, changed 1) 1, teal from the date Ili months prior to the Cnhb DISCON77NIIANCPN077C'
mcnrrna l Dale of such EUrn,ion through it, Fxpiration Hale, ramp!
that if each Expiration Date if adju%trd as Arta ibed in the Srrtinn en. Still poll IT Ihr Set lion, alled "Inreeasrs in Hi l Contrast
tilled "Machine Modification," the rhargre during Ihr arljuslreal Pril Monthly Chargrf," Lrasr (:ante l Period F.tlrn,inn,"
p tell may he increased by IRM in accordance w{(}M~hr ~1ppi Liryl `81mil.iinn of hernrir," and "Termination Chargr,,"e Cu,lornrr
e r . R ~ r VV 11
r 2
v ^
P1110 , ap.un Illnr after in.tallaIi, r dI,ronrinur• It r ,•_~~r Iii I t hn been •igrII by the f,oaoI i irr and lHtl IHM h.9, and in rva.r jo
urn Ilir,r ire th.' prior wrilavt Fi rr dnr nirnur un, ~kill, r Purr h:I.r I'n,, mil it cress Ihr I'urrhn.c I)pli,ot Prnent. M,Iviliurn
m.n liinc ~ I. am f) I renros&]o Fri luto or rr~pir-I a field r, op'NJ16' Parr ha.r Are tit 'I 1'rrr1 0 11 llutirnum Arcrndl IS ri.rd Palace wrillen
nn~ h iyb.wuarmb• upon one mrmlh'r prior wrilien rwlov mclo"' .hall hall- Iron gitun to Ihr Cii,t.lowr at lra•i biro mrulth.
hrfore the dale of •hipnleell
,
For a marhinr whirl is imlallyd• IH}t may imr•aa' lhr Pull'haa'
TL'I(11IN 11111,04 ('11,M61ti.4 frier inn 111161rh up,,n wrinrn Police, .nbJJecl to Upli Limits doter
Th,• Cu.tororr will pat IHyI as a '11rrninulii~n Chary r, a ion r,n ~nillyd in Ihr lame mincer as for Nbrithly Lease Charg,•sas described
ninari~ n r t l Lear Contra, I P, rl~~d r~r Ftrn•i it 'rnr in Ih, So 'rri In ,rrritlI'l ' Inc n a. 111 Lracr (;antrum I'rrio, i !tlonlhly
model 1 ~ r i l r t r t h e f s l ~ i r t r i o s Uab• I I such E ace . I ~ i A n l r a ,u t malot i h i i r i l , o r or f lrirgr.," Ihr 1 nrrI Option Pr acne, Maxitlum
Purchaa• Arrrual
F.tlrn.mn, tin- L••-rr ~rf ) r ream and llatrrnum ir• rual 1'eried for a marhinr, will nol to
a) the l•nninati,, n Churgr Perrrnl specified in the Supplrnietil 'leers=rd during a Lear Ci ntrart Perin,l.
mullTvred 1 Ili[ i e Contra, t 4'elI o; (it T'he Custrno r neat vied to purrha.r a marhinr in.ldllyd a uirr a
tQ rho To e,1 ion Charon 11~ , nr If ~ s Rental Coutr..rt Period by rvcutlng an Agrccuuv1l for Jilin ha•r of In
fd ril'Ird i n the S u E I lr to c nt it II I IB%I IN 1ar}iin1. at IHM's Ihr n oppllrablr purc6a•r prier for .urh
multiplied le Ill'- applioahlr Ifonthly l.rav Chsrgc txrhm is of Lee
,r e of mrninati niachinr. l'pun n mu a 1'ron thi• Cu.bonu r IHM
The Rrniaining Cnntrart Ill of a marhinr o will goner the up-
dl on plirallr 1 Urcha,v prier for Surh marhinr inn Ii its cold, upgrades
or niodrl dowt,i;radr i+ and feaIuto s a: oI a Specify let rif rIt 'hat ii n,Ii more IIt uit thrt v ItoPlIt s
lviv relined ly o,uttipl,ing its applicable Ilonlhly Lva.o Charge yalur room lhr d.,•r rf tl, re,, u•
a. of the Barr nF ivrminarilo by the- number of montl remaining in its
LauSe Curilfarr Prrind or FIr,~nsion the I isr,mtinuanrr of a feature
will not rr.ulr in a'1'errriin Ilion Charge, exrepr that till- Monthly Lease 51111'.11f.'i~T
Charge of any feature whir It is on s marhine at any little within three
months prior m the (fall, of terminalinn of the Lrage Cr ntrnet Prrind or IR11 agrees III Schedule each machine for shil in tervorrfanre
F.elen6on for Such machine will be ineiudrd in the Monthly Lease wllh IH%1'4 apphrolle shipumnl scyuenrr and wit) confirm in writing,
Charge lilac of Such machine, and amrnd a+ neees•an, Ihr Custouter's schedule. Prior to .hi)),mrnt
For a teal hint- not yet in.lalled, if the Supplement for Ihr marhinr IHtt will malir rrasonahle nrrommndallnn In a delay reyursted Iiv the
has hrrn sigord by Ihr CuI,11cimr and IHM. IHM Folio not inl r•a•r the Cuooen'r.
To rnrinalinn Clo,1 e- Percent nr rho To'fllllnallorl I'll argr 11„it It . unlr..
wrirtrn Police syah h'ue hrrn giu•n to tire- Ckworirr al Ira.i three 11HOGRIf.11.111iA'G
month't brhrrr ihr dune of Shipment. For a marhine which is iu.luIIrrl,
!BM may not increase curl, percent or Montli. during a Lea" . rar,,cl Thr term "pto grd it oniit g" as used in this Agreetunt shall nrran
Period. such programming as IHM may m, ke generallt utailnbleI from time to
Return of a marhinr !n IHxI upon the Cusprnmr's reqursl during a tinie, withoul Separair charge, fr n
o nr'hine- of Ihr types ordered by Ihr
Lease Contract Period or Etlcnsion for any reason, im luding reirhirll. I'0st" Inrr undrr This ,hgrrrInrnt, Tft.s1 will furnish +urh programming
rrplsrrrnrnt for rnndrl or fed lure changes which are not field install. as rnay1 be rrl)nesrrd ht the Cus!„nter,
Mille, replacement
or due lit Ihr ede or l fallow to co mph with ant nF Ihr Iran. Thr Icrr 1 rognnnmiug .en're%" .h. i) mean Such cruces as msr lo tit and conditions of this Agnrmmni,
shed) hr a to rminntir,n fo pu po.r, tout gcncrally coup, a,ailaldll t lerro ri,ualr rhargr )n oonnrsiio 4
)(Ill Section. withpnrgranthrr 1Ali will licruinr flit programming serirrs
T'he purchase of a niarhirle undrr rho prorisioms of the Salina n'!'he1enmlridurt in
I Plid"d "Purrhasr' (option" w ill nor result in a 1crininarion Charge. u de I t Hot ms 1,rogra;tu 11 so r and "I at ornuniny blefor" do not in
el rrirugranu and sea le rs rhu are avnlla for a separate
charge nr tolorh are affrrrrl under s •porale tor)ttct agreements.
PURCHASE, 01710,`V A1, rF11.4 ?TONS AND ArrACILV ENT-15
The Customer may rlrrt to purchase a nwhinr installed undrr a ,.n alteration is defined as anyy change In an IBM marhinr which
Lracr Contract Prrind or Eitirnsion by executing an Agrrtwent for drviales from mills ),hysiral, mrchanical of electrical marhine design
Purchase of Installed IRM Machines. Ull re guest front the Customer, whether or riot additional deyirra or parts air required. An allot lrmenl
IPM will game a art purchase oplinn prier for surit machine including is defined al, the mrchanical, rlertriral or Pit ctronic interconnection to
ice mndet upgrades and fraturrs as of a specific month that is not more at. IHM machine of non-[BM rquipment and deylcec not supplir.l by Illy,
than there months from the date of the request. An alteration In a machine may he made upon prior wrilirn notice to
The net purchase option price, ac cairulated for each marhinr, IB,INI. An attachment to a machine may be mode without notice toIB11
model upgrade and feature, will be the lower of 1) the Purchase Price The Custanirr agrees 10 arcrpt the responsibility for making any
stated in the Supplvrr lr as modified In accordance with this Section, such alteration nr attarhinrnt, its utr and the results obtained
it-44 any applicable purchase option errdils nn! to exceed an amount thrrrfrotn, and to pay all ( llargrs rolated to the ,dtrralinn or it.
delenrinrd by nollhiplying such modified Purchase Price by the tarhmenl as desrribed in the Section entitled "Alainlrnancr Srrsice"
Maximum Purchase Accrual Percent, or 2) rWe porch ete ,tire then The Customer further agars to remote any altrraliol, or altnehntrnt
generally in rill tree am, npf},tirnble purchase option vrri~its not to and to rrstorr the marhinr to its normal, unatlered condition prior to
rimed an amount dNrrrn(nrl by m.ultiptying such purchase trice by its return In IPM, of upon notice from IPSI that the alteration ur so
the Afaairn im Purchase Accrual Percent. The Maximum Purr Alie Ac• tarhmrnt creates a safety hazard or rrmieret maintenance of the
crual Parent will he ct,rcifird in the Supplement. ilrie iniprartiraL
The purchase ceftion credits are delerrnined by multiplying;
e) the applirsb>e Alonthty )'aria Charges ppaid under thin Agrcrmrnl M1IAINTl:N,4r1'Cli SER {7Cl';
hr the Pundias. Option I eirenl sperifIed In the applirahle Sup-
plrntrm, and IBM will provide mainlrnotwe c •rsirr lit keep r Irh marhinr in (It
b) applicable monthly charges, if any, paid under other IBM restore it to good working order and toil) Pate all ntl,•scary Pd.
agreements by the purchase option percents applicable under ustments, rrrirs arid parts rrF{,iurrol ls. Fill' tlds purlttele, [Bill shall
thoseagretrnrrill }late full and free arose to Ire machine The Customrr agars to
For purposes of this calculation, the period during which monthly pruvide a ruilable irmatlaiion enyirunntrnt as sperificd in the ap•
charges are eligible for purchase option credits Is the period during plirable IPM Installatinn manual.
which the machine has been continuously Installed but may not exceed The Cuslnmer agrees to pay, at IPM's applirohlr time and molerinl
the Maximum Accrual Period. Eligible monthly charges will be aErplied rairs Ihcn in effect, all chirges for mninlenanc( and other err ire ar.
la the order in which they are first incurred and do not include Ad- livitirs, or to pay for hiss of or damage to a machine, mused h. I) nor of
dilional Use Charge. or Monthly Use Charges, the marhine for either than data procrssing 4,urpnsrs (or which
When a marhinr, ceases to be Installed under this Agreement, all jjrur• drsignr 1, or 2) sllrrstions and atlarhri rntc. The Cuslnmer ii agars
these option redits accrued hereunder with regard to that marhine to pay, at [BSI's applirohlr time and nlilerial re,es thrill in effect, all
shalleaplre. charges for rrpair of danrag•, rrplaerment of ,a! t4 (duc to nthrr than
Purchase option credits accrue individually for each may hine, model normal is rar)or rvprtitive mortice r a i dated by I le use of sopt lire.
upgrade and feature and only during the accrual period of the All maintenance and other srtvire orli0trs (imdur!ing !iut Pill
machine Purchase option credits are not transferable to other limitrd to artivilirs relating Ill, pre-Inelalhalion planning, insperlions,
Customers or between machines, or among a machine, its modr'v and relocation of marhinrs, enginrrr)ng changes and altered program
fralurrc. sting) which Play br made at allablr by IHM Io the Customer at 7o all.
For a machine not yet )netal)ed, if the Supplement for ihr rose hints dilional charge nr at 1PM'c Ihcn applirahlr time and malcrid charges,
2 r t0 2 ?03.1
0 M 001) (4,71) 3
SECTION 2
laaaaaaarra~ r
I •
ul n,u lip r, well, ,u n I- Iiri i I 1 '2 r.1` 1`u ul,„u „pph I of i, r tl,i, a) Ihr cirnrr I'll tnplly a ,'i;l1`. 8151 in tirIIirig of the rlainl, and
rri'tit .hall k uh'. I- 1 I,1 , l {,I, 1,. „I chi, l') IiNI h't, .rate (onlr,I ,,f the defense' amt all rtlatrd videmmil
I,,r, rit r'ii uvh.. - i, I, - i., p,. . i r rd r it,lhrr r,rill,,1, -
nr{ntiahr,n,.
,1`n ,n,nr„q 1, Polk lh, t,,,.,„.r anal lilt
fl ,aril r fa:ln hu; urn' I, u1` in IHV1's opinimr i+ Gkev to areal, Ihr
Cu,tonlrr agars I r permit IHSI, at its rotrrirm and exprnw', of iIher to
111111TIfl, t' f1. I'lirrl J[ f "I'~ I V 11 ~'IYtl7r1,o,rure for tfn, Cu,lnmrr th„ right i u,nIinu- using Ihr noaehiors or
prngr:unrmng :,r In rc dare o r modify Ihr a it or sn thul Ihr) hrru m r
it I 1,1,„ r,. lIe raid h,nir- " r" n:,,;' o {st y le, I
.r, tell. nntl Iit Iti rl g Iri g If nrlt~l'r (;I lift forl'
{ lira y,, ink allrrnali,es is reason ably
rill. 11,1`„ ,u~.r rlv , 11, , ..L,r Ir~1 , 1, ,nil , 1`, i ..,I .,parch' i ailal,l, , t1 w Cw„t liner agrees In n'tunl tilt into Lines lit progrernrning
1 h ,r,!, - ,0, r ,pi ..r 1'. ti IIf ll lrr„ ir,er,!.. Ifi%I IfI I th,. al wrill, r1` In„s1 by 1H51 N'n Tenn!na lior, Charges sill hr Puts at Ie nn
114,1 o„ I lot( pl, II -,I r ! I , ,I, i 1~1 Ikif I kt u!l i L„ tl.,"llbj,',.I ,u, h aliened triarhinrs, unit the Cu,uoncr will pa) lint) Iho,r charge,
„f ,n „r11 ,1I,r" n„ r, r I I1, ,P I<r,,, ni.I , nr,rrn s il'I 11111 I„r ❑ns , u h is llirif Mrrr puVlhte poi, 1`r In Ihr dale if snrll rrIurn.
r,Jue „ it ~rr11, 1 • i, „ 11 ,l b Lill 1% „rI P r I I I Iron, and r„rl. 11111 I;F no 11olIII11 fur am clltiit hn -rd u pon ,he 1`n it r to i
nu i i4m,
xrin4 or Ivrn l' 1, „I •11-ri L, Ili I'.11 1,111 ,1 .11!111 Al ,,perairm ur ll,r of any marhinr: or progrulornu,gsit l,loti(-,l hr•rrun,ler
rilh 1`,l uipnr of or daru not cupplird I,) IH1l.nr wish un, program other
Ihit n err 1n addition to prugran,nling su,plu'd b, IH~I iF such claim
novld hate born asoidor of by use of amp ter I, rrgra ill whether or not
7 for„ gill b1` 1`o ,it ,trgr f,, it I%, 'I rkprn,rr ass,a i.tt•I 1.ilh on lir. r:lI.:lh!r of arhir,ing Ihr ,form, r1`• ill,,, or has, i upon aflrralion of Ihr
h'narl, n'o r „r Ir1` g1` unre'- g , .n ~,.I. under III , t ,rr'..rl,.'v ,,,,,.l., m.1I,!'1.. ',r of ~d& it lion off ltuy l ,grtnvning supplied hen'undrr.
Ih.rr a, nlel Inn, I rr11 to,,..li~ill I, - , harg,',1 in tll,,,' ire, Ia nor, all,', II',f 'IIIr fr,rr ilmlig .tat,,, [he mitre ',hligatinn of mm "01, rrsprr 1 it, in.
We lit wh„ I, 111, ni.l, hill" 1. f„al,'it i, uro nr,nnalh ~I,-, r„Ikdr h\ Ir',iii rmmni of pah'ul, and rnpvrighi
pri,.11,•;n,n,m1` hll,•,-r,flit ,fill, ' i pihti,r!oln-p,ri.own.
RLsA' II'l,0"tS4,llr I),I11,1G1i 1,1.111?'.d'l7u,~' n!'h1':.11F.'ll!!':.ti
During, the 1wriud a marhinr, nmdcl change nr fraturr is in Iransil or 1611's enure hebilily unit the Cu,lortivt rxrlul,ke n'rucdr shall be
in Ihr po,scssuul of ille Cuttr,nmr, IHll and il. insnrrro, if any, nIhrr a. fallow',
the Cu.Iomr, , f rrsponsihi111p for all risk. of lu,s of or damage III thr fn all ailuatiun:, imol+ing perfonnunce or nor) ptrfnnnancr of
nla,'hinr, 'nod, I chonlgr nr fraturr ( t,11,1 f„r hl,s nr d.tnl.ty r 1) ruu.,'d worIIin,',, l0„de1 upgIadr., re aI it rrs 1`r programming furnishe it under
k nu, I-ar rra,two. riI, it jr rail alien it rmlio:u [it,, runLlnlinati"n Jilt Ihl, Agrrclni-mi, Ihr Cu'.toinvr's allied) i. 1) the adju.lmrnt or repair
sllm ii Ihr I:u,tomr'r i, I,,gull, It d,lr, aryl a As set I'nrlh in tilt sort wn lit' the m'arh'im , rnndrl uligrult- or fraturr, or rclikcrn,rnr of its parrs
rnlillyd "}Ialrrnwancif `t'r,lr,•by IHVL nr, at mill's'.. ti,n1, n' warm of d1`' marhinr', nnulrl upgrade
er frame, or viii in of programming aeon, or 2) if, after repearrd
ItA 1 (11f'I'1 f r efforla, lh%l iti unable Io install Ihr machine, model upgrade or feature
lfonthlc [.line' 1;h,trgr, ;old ltonlhly It,'ntal01al gv+ will hr Iit j, rd or a rrplarrrurv,l marhinr, rnodrl upgrade or feanln' in good Working
in ad%anrr ,t, of Ihr First of rich nn,nrio. Additi,wnrl I'sr Charges It id onlrr, or to mslon' it t„ good wnrling 01`1111, or to nntke progranmling
lbinthly I sv Char wi11 hr irn,J. d in Iho ' o'wiI1 f1, I lo t, irlµ Ihr 11Po'rate, ill it, warranlyd, the CuHnmer shall fit, entitled to revoker for.
month in w bleb Ihrv n r inrurrrd, V ben a Inaehinr', rnn,l,•I rh,u,gr, n1` tu,tl darmtgrs to rhr linri's, srl forth in IFi. Srrriu0. F or It other claim
fralum i4 inslnlird F„r a burl if it rul„ndar ill moll, it 1{onthlt I rase rim rrnlog perfor name nr Ir,n I.reforrrl 6v IH51 pn sunnl In, or in
Charge nr 1loutbh fi1111Ixl Chllrg„ it, ill he pr„rlttrd , n Ito' h'a.i, ,I a 10. line „ Ihrr w.ly it 'hth',I 10 Ihr s,uhjrel miller of, tt,is logrrrmrni and anv
dui, nlnnlll Ad,lill,n,id I',1` Charges o,111 lot, ornreb l in ar, „milli r sill sul'Plrnr,",l ur miler nrdrr under lhi. Agrermrut, Ihr Cusliri shall
III11's v,lahli,hrd form Iii-,, I'm Pi it ai11 h,• 11 14,, within 10 duw ofr,'r h„ colilb'd i r1`, -ovr actual daring's, to Ihr lirnil..rt forth in III Srr
Ihr ,lair of ihsrl,r, A' oil her rlii rxtI; due III r„uml^r are' psc ill,, as liun.
sprrlficd in Ill inlnicv 11r
,1t'1 IiIt l,iIIIs ft it rfaill1g,rs to Ihr Custnnirr for any rinse what.
n•,rr, and Irgar,ll',+1`f Ihr form r,f artio.,, Is i,rthrr in vi to trait l ur in
111ARR11litEs it rI including or gIigrn'r, shall hr Iimir'd 1o Ili Knauer of 8100,000 or
lwrhr NI „nlIt ls Len„' Chargr, or ltnnlhly Hii Charii for IIll.
IBoil warrants, Thal 'a, It ill it hind, mm{1`l tupgr lrb• or fr,lr,,rr od- speriflr rnnrhlars Hurt rau,rh Ihr it nrnagrs nr Ill it aro illy +ubjvct mul-
dilian will fv in g,md w„rkin¢ nil ^r un Ihr dal that ii is in,tallch 'rlri ter of nr art- diito rrlalyd to the'uunl, of at'linn. Such Chnrgec %h ill
that it will confirm I., r'151's olfi, J publish rd sure if i,'rl 'I her af• b1` tho,v in rfl,o I for II',o• sprrilir marhot, . when Ihr can<r of ill ion
err, IIt NI will make all adjustlurnl,, n'pa,r, and parl, rrpl-air-un ill, nro,r, 'Ehr foregoing liu,iit Ii„rl of IiabiIiIo wd1 not apply to I Itr
neresssiIy In nminto gal 1br marhinr, skill jrr 1 1„ Ill' pr ni,lnu', ,I,III rt in 1.,1vvricot r-f ,list aril Itrtuttp' award. rcf,'rrrd to in the Sooir,,l rnliyd
IfIr I)arna,R Zinn. edict... "'daintrnunrt Svri,ir'rot lira,! "11i,k of Ir,,, or 'I'n1r'I all,! t'~nl,srighl Indllnnih," or to riaims for plnonol irijiir)
rlw,rd saki) hi, 11NI'a megllgrnc r,'
f611 further warrants Ihal pmgrnrnmlit g d,•ki{nutted by 11111 f' r use In n„ tu'IIr 1,111 IIN: ke liahlr fnr it nv Iit iIlagr. I, au,ed by 1hr
will) a in arIt ito r and fr,r - toirh I r, I,raill in i-,g seioir~cs are a,-nlit l,!r ai11 II„'I'. failure II pof or ror to, tilt (:,rvlnn,rr'4 rrsporr.ihlliIirit
or for
ronfonn to Iii 51'v ulto riit l pitI -i 0'11 s{,rr'iflr Itinns Ito ,ItI11, 1 r„ th" a'IV In,t pr"tits or „Ihrr onlr,{urntial dluuagrs, cirri :f IINI has, been
Customer if pn,i erly acrd nn .aril rna,hlnr, 'I'ItrI-ahrr, 111 %1 will alhirrd of Ihr pns.ihillry nFeurll dnnongrs, or for anv claim against he
{{,ruville progeanuoi^g arvirr., s,a6ye, t In the pi s stall (I in the (:usI if Irr hr any 01her party, earefu a%pmviif , in Ihr Serti ,+n ctoIillyd
Arelinn en filled' I', i1ii ninp'" "1'atCI k f n 11, 1 Clip) ri go t I ndr lit roil y,"
IBM dir4 unt warrant that rill- funrlinn. rontoinrd in thr prngru. 1 1Le Custnurcr real disronlinur a root t nr forihwith wilhuul Trr
ming will operarr in the r ombinatinrls which may hr so 1b reed b,r like bt In iaJion Ch 1rgr. for Llilurr of IH511n romply w,rh anv of till, Iran. and
the Custnrlicr, tic %Ili rivet the Cush,rnrr'c rrquir 1`i r„nditions rd this Agre,,rnrrd apidirublr to code min liter.
ALI, VHIIGHAll ING YOU 9111c11 NO PII11GliA11111SG
SE'llVICE!;AIt F;AVA If.-1RLEIS DIS"I'liIIIIITI'10ON %N-Il1` 6IfAt1':11A1,
, ra
15" 11'1SIS lot % w a1`ra)1nt 17 t thua't IAhIIr If 4
1 HM dnra not ar t;lLn or the marhinr or yr t his Agrvcnlr'nt is nil ns.ignabh'; none of the nlar'hinr. maywbe
.uhlel, assigned or Iransrerrrd by the Cuanmer without fill- ,riot ril
riling w If be u nin lerrup' Ed n 1` I rr r or it t cc, or that all prugramrniwmnng v
errors Mill be C(Irtr'lerl. Ito con.rnt of IH51. Any ollrrn 4,I If) sublet, as,ign o1 lranefrr any of the
THE FOREGOING `'AIIFIAIT WS AllE 1N LIEU OF' ALL right., dutiro, IT ohllgarians of This Agrecrrlrnt without ouch consent i.
WIWI WARRANTIES, E'rl"RESS 0If 1111'I.IEIF, L` - 1nAl.
CLI UI,\G, Ill arhinrm under this Agrremm~l are to he !orated only in the United
l'f N l) f 6olim mit 'TI), 'I m. itilwI,1F:11
1VAHHANI IES 01' 111,111:1!1\1 AIIII I'T1' AND Ill I'.NLSS Slai and ho to Rico. 'I he Cuslonlrr agi to krrp IHM informed of
E'011 A PARTICI LAR F11'li.W. the location of each machine Each marhinr rrr i0♦ 1H11'a properly
and tiny hr removed by IBM at any time after di.rontinuanrr of the
PolTENTANIICOPVR1611T IND A1NITY inrichilie. IHM shall halt full and free arcesc to each r,lachine for this
put rile,
IBM will defend the Cuttnni agnin.l it claim that marhinrit or IDM may, upon tiller mom prior wrillen notice to the Cuclomrq
progrunming supplied Felt under infringes a VS. potrnt nr ropyrlghr, rh.rurrtirl a marhinr or feature lit rlnwnggrade a model under a Rental
nr that the marhiri operation pursuant to to current rrleil and Conli laerind at any time, or under a Most Contract F'rriod or Et-
mndifiration level of any programming cupplird 6y IHM infringra a U.S, lrn.ion nn its }apiratinn [late, IBM may dis,rontinur a machine forth.
r a atenl. ISM will pe/ error Icing vasty, damagra and atborri frt. with for fo lee of the Cu.romer In romply with any of the Iran. and
11,0"y awarded provided that: nulrlitinnc of this Agreement applicable to ouch marhinr,
4
1
~Il hi. k9r, I'mcill 111,0 bi trrmimllyd k tither Marl,, uiino nln' IHU I, hill ll•Il:lr Ir I'nlure 1o fulfill iIs olligitinn, Under this
nn I I "il, prior writtr•n III lin•, following; 'I Ill. di,roht puanrr' of ull AgrerIll l rtl due b,rau,r.to,oud it.I - IIIrol.
m,o hlm'~arul Fu fil lurhl of all IMP gali,,n, Ill rrunIl<r. N'h III'Iiinl, regIlyd11 1 of Enrol, arioing out of Ihis gravnenl nu% hr
ubjeil In Ill,- trim- of the f-~llrelrl;parayrrap!I. Ilnl Ina,I, up„n hrn JglI1 6, 6ilier park more Ih.m Iwo Fears a'rer the rau,,e of a,•lintl
rnrlrrruoutll,'prior Itriltrnnotir',modif_ litIirill, androndllionsof ha•arl,en,;,
r, in the ra.r of nunpu,nirnl, more than Iwo Nears fnlrn Ihi•
I [I is %gree went, rtrrpl 1hA I1 kl ma%, upon Ihrrr inmall•' prior wrillen dale of Ihi• I,I-I parnu911,
7I,IIIrr'. luodlfl Ihr• h•rlu, :1111 1 r,I'll l i pin n, of Ihi Sriliou, enliIled This Ap; rer-rnent will lie Knlr•rnrd by the laws of the Stale of \rw
"Charge.," ''I'rrrurulioh Charge." IPart hl.r Option,.. "Leas }'ork
l'nn[rarl Period E~t,•n.ion" and'•1larhinr 1lodifiration.,"
Any till 11 nmdrl'i, Ih1w gill ;Ippl} m Ihr rffwIile dui.Jv, 111'1 I in 1'H F: I'F'S'I'1111Fa1 1Cf~Af1ALF'.INi1;5 TIIA1' ItF; 111;
the 1,164v n, all Hrnral Cool raiI YI•rlod Io iurrinI L,iL, Contrail Ill I 111 'Fills 1GRF:F:11F:~7', 1 \IIEItSTANIIS FT .1,A11
Pe rilld• or FIIin•lo , upon 16iiI F%pirali„n IIII le,, pr, 1, hled,urh or 1GRF:ES 10 IlEp 1if11.\11 It I I1'S Ii, It NIS AN 1) fll\-
rur on I,r aftrr the cf6iti,r dale, and Io r Loa-r Con Iruel Period, or DI'1'ItlA[, F11 11111 :It. TIIE I:t'S•T(All LIt WItFES'1'ItT I'T
Exten.ion, %hirh ronumvu e on or aflrr the We if Ihi no lre, Qlher- IS T I I E 0 )111'LLIT A\11 F:V1t SI1 F. S'F %T LM LN'T 11 OF
Is is, the kgrerrnenl or am 5upplrnlenh ran onlJ be modified In' a II IL 1GItET;11LV'1• IILT11F.F;V 'III I'.Ili'IIF.S, 1SIIII;H
w rip Ir11 1Krrr mr I.I duly IKned by Arrow, aulhorired Ii ,ign agree- St l'EIISLIILS ALL PRt1P1)S11S Olt PRIOR AGREE-
Illl'rll, on behalf of the Cu,twiier and of mw and %irianrr from the 1II TS. INCH, OR RItITTE,Y, A\U ALL 011MR COM.
Iernl, and Auld biol. of Ihi, Agrrrrninr and ,Ihr Supplenlenl• in any 111 \IC %1141NS BLI'11 EE\ TIIE: 1' 1R 'TIES It Ell, ITI\G TO
.u•;orrl•r rd-r•-othrIimInl~ti'1,aI!onAiC{,e of uhcFri rL I'IIEMBiF('1'11VVIF;ItOFI'll ISAGItF:FAIENT.
:n
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' ~Ill ltl
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Rr'rt',,,A,,TIi\1a1. Da11ae, Texas/121
hrnnrh U pier Naeu Nun,b, r
hl~nnyrr'r Hlynnlyu
1dr 1:, W11.5C1f1
Mnnnyrr'1 Nnnlr 177W err I'nn11
4/8/82
On.
,Irrel,lr'rr r,,:
Bel hives Cor l
nfornel II J C pot ion City of Denton
~ s- • I,t, err _
.1y1 rnl l!rda
rr,nlur• Aulho red Nlannrure ny
W•• He.tzar,... G. CIMTS I171f71UNG
Nnrlir l'I'I Pr or l'r1u11
Nnn,e r'I'r lie or f'rl nil
Bu.slness•Controls -Managor 4/8/81
1'u1r
I1Ue
Un-...... . • May 18) 1981 On
Iln'r
Ir)Ur1°)} PRISS FIRMLY WITH GALL POINT PIN ON A HARD SURFACE FOR MAXIMUM 110I81111Y.
!U1 IJlll I1
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SECTION 3
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THE STAT E OF TEXA .iJ't 7 E 91, .
KNOW ALL MEN BY l HESE PRESENTS:
COUNTY 4)C Denton _
EEC. RECORDS,
IHAI James. E. Angel 1451g
i'
!j ut Penton County, Tex,,s in consideration of file sum of
i one dollar ($1,00) and no/cents '
----------and other good and valuable consideration
in band ai+l b
1 y the City of Denton, Texas receipt of which is hereby acknowledged, do by
I
these presents grant, bargain, sell and convey unto to the City of Denton, Texas the free
I
and uninterMIACd use, liberty and privilege of the passage in, along, upon and across the following
j (jl drsrrihcd per+pcrty,
i
owned by him Situated in Denton ('ounly,'rexas, in the
i
M.E.P. & P.R.R. Co. Survey, Abstract No. 927
All that certain 0.091 acre tract, or parcel of land situated in the '
M.E.P. f, P.R.R. Co, Survey, Abstract No, 927 Denton County, Texas; said !
tract being part of a tract shown by deed to James E. Angel, et al and
recorded in Volume 442, page 439 of the Deed Records of Denton County,!
Texas and being more particularly described as follows:
~i Beginning, for the northeast corner of the tract being described heroin
at the southeast corner of that tract described in a deed to R.D. Wages
et ux and recorded in Volume 510, fin 350 of the Deed Records of Denton
County; Texas; said point being in the eastline of the said James E.
Angel, et al tract and also being in the north line of an existing 50
foot East-West street;
Thence South 03 degrees 16 minutes West with the east line of the said
James E. Angel, et al tract 16.0 feet to a point for corner;
Thence North 89 degrees 20 minutes West 16.0 feet from and parallel to`
the north line of the said street 248.5 feet to a point for a corner; f
Thence North 03 degrees 16 minutes Last 16.0 feet to the southwest!
corner of that tract described in a deed to R.D. Wages, et ux and,
recorded in Volume 502, page 206 of the Deed Records of Denton County, ,
Texas; said point being at the intersection of the north line of the
said SO foot street with the east line of the existing 50 foot!
North-South street;
Thence South 89 degrees 20 minutes East with the norht line of the said
East-west street and the south line of the said R.S. Wages tract 248.5]
feet to the point of beginning. !
in consideration of the benefits above set out, will remove from the properly above described, such fences,
buildings and other obstructions as may now be found upon said property.
I'
For the purpose of constructing, installing, repairing, and perpetually maintaining
public utilities !
in, along, upon and !
across sald premises, with the right and privilege at all tunes of the grantee herein, his or its ag_nts, +I'
employees, workmen and repre.a,ntatives having ingress, egress, and regress in, along upon and across said
premises for the purpose of making additions to, hnprovcments un and repairs to (lie said
public tilities
any part Hereof,
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for I
the purposes aforesaid the premises above described, ,
Witness hand , this the lel lay of May , A D. 0 81
_ Jamea E. Angel
r
ACKNOWLFDGMENT r~o~7 YA{ 974
THE STATE OF MA AS',, t VOt
COUNTY OF Denton If BEFORE; M1IE, the undersigned authority,
in and for said County, Tcxas, on this doy pr L oiially nppw>red James E. Angel
k~oSni~o'rnrlt~ be the person whose name sai,scribvd t,1 th- forey;oinq instrument, and acknuudedged to file that
he
he a rtcute~rjhe same for the putpose.v and considcrati m therein expressed.
r
UNDI"g MY HAND AND SEAL OF OFFh'E, Thi: slay of /~LAC pp D, 19
N~~tn1y I'uLlic, aunty, Tv,
As
'r Fly Cwnini:ewmn E'xpir'es ....,,,.._.....3~,.3,.o(..__. _.1
A('KNOWLEUG1tENT -
THE STATI,; OF TEXAS,
BEFORE! ME, the undersi ned nulhmit
COUNTY-OF i Y.
in and for said County, Texas, on this day personrdly oppcnred
known to me to be the person whoa name subs(,rihed to the fcivwoinw instrument, Anti Acknowledged to me that
he, executed the same for the purpusea And considerati.m therein r.xpressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, 'Phis day of A.D. 19
( L.S. )
Notruy Public, County, Texas
My Cofnmission Expires _
CORPORATION ACKNOWLEDGMERT
THE STATE OF TEXAS, BEFORE ME, the undersigned authority,
COUNTY OF
In and for said County, Texas, on this day persnnally appeared
- - - irnown to me to be the person and omcer
whose Home Is autscribed to the foregoing instrument and acknowledged to me that the same was the act of the said
a corporation, and that he executed the ssm•- as the act of such corporation for the purposes and consideration therein
expressed, and in the capacity therein etatrd.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of A.D. 19_.
(L.S.)
Notary public, ..............____._..._._._....County, Texas
My Commisslon Expires CLERK'S CERTIFICATE
THE STATIC, OF TEXASr t I, _ County
COUNTY of r
Clerk Df the County Coutt 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 office on the day of A. D. 19 , at o'clock M., and duly
worded this day of.... A. D. 19 , at o'clock M., in the
Reccrris of Bald County, In Volume on pages _
WITNESS MY HAND AND SEAL OF Till; COUNTY COURT of snid County, at omce In
. _ _ „ , the day and year last shire written,
County Clerk County, Texas.
By Deputy,
G%
7 aV Tdjr~
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PO.
•-i it,
' BAS i /L5-`3 , m C~ A
O "U NRIJ
R 1 ~ ~ lS ! ~ c
I OR
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d
t INDEPENDENT CONTRACTOR'S AGREEMENT'
.d
THE STATE OF TEXAS
KNOW ALL MEN BY THES13 PRESENTS:
COUNTY OF DENTON §
The City of Denton, Texas, a Municipal Home Rule City situated
in Denton County, Texas, hereinafter called "City", acting herein
by and through its City Manager, and Charles Cresson, hereinafter
called "Contractor", hereby mutually agree as follows:r
w
1. SERVICES TO BE PERFORMED: City hereby retains Contractor y'
e' to perform the hereinafter designated services and Contractor
agrees to perform the following services:
Move all books and furniture from old library structure
to new completed library structure.
2, COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay
Contractor for the services performed hereunder as follows:
Ij A. Amount of Payment for Services:
r $4,400.00.
B, Dates of Payments:
After satisfactorily completing the move,
3. SUPERVISION AND CONTROL BY CITYs It is mutually under-
stool and agreed by and between City and Contractor that Contractor
is an independent Contractor and shall not be deemed to be or con-
sidered an employee of the City of Denton, Texas, for the purposes
of income tax, withholding, social security taxes, vacation or sick
leave benefits, or any other City employee benefit. The City shall
not have supervision and control of Contractor or any employee of
Contractor, but it is expressly understood that Contractor shall
perform the services hereunder at the direction of and to the
satisfaction of the City Manager of the City of Denton or his
designee under this agreement,
4. SOURCE OF FUNDS: All payments to Contraotor under this
agreement are to be paid by the City from funds appropriated by
INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 1
w
4
the City Council for such purposes in the Budget of the City of'.
Denton.n
y«
5. TER14 OF CONTRACT: This Agreement shall commence on the j'
24th day of May, 1981, and end on the completion of the work here-
under. E"ECUiED this the ay of May, 1981.
CITY OF DENTON TEXAS
By. ATTES TY E.
Y SECRETARY ' +Y~
F.~ t{
3,'d APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
BY
CONTRACTOR
r'
BY
.~k'
That jp1 (Dee- is hereby designated as the person
to administer the provisions of th greemen
2
C I G
INDEPENDgNT CONTRACTOR'S AGREEMENT - PAGE 2
-7o MW T 4 + ~ x t 77, 7.
♦ e
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INDEPENDENT CONSULTANT AGREEMENT
i
THE STATE OF TEXAS §
KNOW ALI, MEN BY THESE PRESENTSs
,"j COUNTY OF DEN'TON § y
t
The City Of Denton, Texas, a Munic,i.pal Iiotne Rule City situated
in Denton County, Texas, hereinafter called "City"~I
acting herein
by and through its City Manager, and Randy H. Varner of the City
of Denton and County of Denton, hereinafter called "Consultant",
hereby mutually agree as follows:
r
1. SERVICES TO BE PERFORMED: City hereby retains Consultant h'
L
to perform the hereinafter designated services, and Consultant
agrees to perform the following services;
A. Structural Energy Profile of Denton for both
Residential and Non-Residential Buildings.
B. Spatial Analysis of Energy Use in the City of
Denton.
2. COMPENSATION TO BE PAID CONSULTANTS City agrees to pay
Consultant for the services performed hereunder as followss
A. Amount of Payment for Services:
s
$6.50 per hour. Total compensation shall not 9
exceed $2,400.00.
B. Dates of Payments:
i"
Within 15 days of completion of work and ~
deliver; of invoice.
C. Compensation for privat vehicle use will be re-
Xa R v
imburse:d at a rate of $0.25- per mile for al
mileage related to performance of the services
stated above.
3. SUPERVISION AND CONTROL BY CITYs It is mutually under-
stood and agreed by and between City and Consultant that Consultant
is an independent consultant and shall not be deemed to be or con-
sidered an employee of the City of Denton, Texas, for th9 purposes
of income tax, withholding and social security taxes, vacation or.
INDEPENDENT CONSULTANT AGREEMENT - PAGE L
~~r « rr . , , I
'Y ~Ayb'1~~1~ t y.k F~ rv~'.,'~r 44 Y z5Cd~5(lu`~ t qn r, fF
'6Yf 9tYM, ~O 3Y P',y~ tr". ~.t riF ~~'~l ~~~,~",'~tr Flt#^ t9 r,•~aF~.Y,'p ,yl it rt'r1 r'T*±?' i;
1
x+44;'. ; .
P .
2 y`
1 1
4
sick leave benefits, or any other City employee benefit, The City
shall have supervision and contro?. of Consultant= and it is expressly
}
understood that Consultant 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. CANCELTATION: Either party reserves the right to cancel
1
this Agreement at any time by giving two weeks' written notice of
its intention to cancel this Agreement.
5. TERM OF CONTRACT: This Agreement shall commence on the
day of 1981, and end on the completion of
the work or on the ate this agreement is cancelled by either party.
EXECUTED this the c,:262 day of r 19810
CITY 0 DENTON, TEXAS
J BY;
ITY M. AGER t
ATTES ;
Y S E MAYO'
APPROVED AS TO LEGAL FOR14:
C. J. TAYLOR, JR., CITY. ATTORNEY y
BY ,
Nit
CONSULTANT
RANDY 4 R
That John Goldmann is hereby designated as the person to
administer the provisions of this Agreement.
r
CITY IVWaM
4r- ;z .
DATE
August 190 1981
This contract is hereby extended until September 30, 19810
or until an additional sum of $2,400 is paid to contractor.
L; TAYL RAN. VARNER
1'ND ENDENT CONSULTANT AGRE ENT PAGE 2
~ ~ ~ti
~ ' i~
~ ~ ,
' ~ ~
INDEPENDENT CONTRACTOR'S AGREEMENT
f -
THE STATE OF TEXAS §
COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS:
The City of Denton, Texas, a Municipal Home Rule City
situated in Denton County, Texas, hereinafter called "City",
acting herein by and through its City Manager,
and -A
hereinafter
called Contractor, hereby mutually agreA as Foltowsz
1. SERVICES TO BE PERFORMED: City hereby retains
Contractor to perform thy- hereinafter designated services and
Contractor agrees to perform the following services:
A.
B. r
C.
2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay
Contractor for the services performed hereunder as follows:
A. Amount of Payment for Services:
3,3~ `,ec ti,orc
B. Dates of Payments:
3. SUPERVISION AND CONTROL BY CITY: It is mutually
understood and agreed by and between City and Contractor that
Contractor is an independent Contractor and shall not be deemed
to be or considered an employee of the City of Denton, 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 cinder this
agreement.
i
4, SOURCE OF FUNDS: All
payments to Contractor under this
agreement nre to be paid by the City from funds appropriated by
the City Council for such purposes in the Budget of the City of
h.;;' Denton.
5. SERVICCS AND SUPPLIES TO BE FURNISHED BY CITY: City
agrees to furnish to Contractor the following services and/or
supplies:
1
6. INSURANCE: Contractor shall provide at his own cost
and expense workmen's compensation insurance, liability
insurance, and all other insurance necessary to protect
Contractor in the operation of Contractor's business.
7. CANCELLATION: City reserves the right to cancel this
Agreement at any time by giving Contractor thirty (30) days
written notice of its intention to cancel this Agreement.
8. TERM OF CONTRACT: This Agreement shall commence on
the _I0y_ day of e , 19801 and end on the '30
day of 1980.
EXECUTED the this day of lc~ , 1980.
CITY OF ENTON, T AS
J
BY:
CHRIS H R NG, C TY NA
ATTEST:
CITY RETA~
APPROVED AS TO LEGAL FORM
C. J. TAYLOR, JR., CITY ATTORNEY
BY: _
CONTRACTOR
BY:
That is hereby
dersignated as the person to administer the provision of this
agreement.
l'
X
DATE' CITY
t't~•`' i Vr !1 f ,.~~~~r } it ✓ril Ir^x r SI r 1
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+S V r'~~ww,, yy~,e e
~~1~ r"i r'r 1i r v 7a t ~~a « Yt t l.{ 1 r r . f ' i 17 e4ttr z~o~~ '~''pHl!
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7
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INDEPENDENT CONTRACTOR'S AGREEMENT'
THE STATE OF TEXAS §
COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS:
§
The City of Denton, Tex=.s, a Muir-ipal Horne Rule City situated
in Denton County, Texas, hereinafter called "City", acting herein
by and through its City Manager, and Linda Saunders, 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. Transcription of Oral History Tapes.y
2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay r'
Contractor for the services performed hereunder as follows:
j A. Amount of Payment for Services:
$3.35 per hour.
B. Dates of Payments :
t
Every two weeks.
3. SUPERVISION AND CONTROL BY CITY: It is mutually under-
stood and agreed by and between City and Contractor that Contractor
is an independent Contractor and shall not be deemed to be or con- r
4 sidered an employee of the City of Denton, Texas, for the purposes
of income tax,, withholding, social security taxes, vacation or sick
g, social security taxes, vacation or sick
I r:.
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 hisr
designee under this agreement.
90 SOURCE OF FUNDS., All payments to Contractor under this
agreement are to be paid by the City from funds appropriated by
the City Council for such purposes in the Budget of the City of
Denton,
INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 1
i
I r
.
I r
5. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City
} 5.
y•
agrees to furnish to Contractor the following services and/or
supplies: A. Paper.
B. Tapes and Tape Recorder.
C. Typewriter (for use in library).
6. INSURANCE: Contractor shall provide at his own cost and
r.
expense workmen's compensation insurance, liability insurance, and i;
3 all other insurance necessary to protect Contractor in the operation r'
of Contractor's business.
7. CANCELLATION: City reserves the right to cancel this
r;
Agreement at any time by giving Contractor thirty (30) days written
notice of its intention to cancel this Agreement.
~I 8. TERM OF CONTRACT: This Agreement shall commence on the+
r 15th day of May, 1981, and end on the 15th day of June, 1981.
EXECUTED this the day of May, 1981.
~p
CITY ENTON, E.'{AS
s; BY(.
'em I
ATTEST:
;K3
CITY SECRETARY } APPROVED AS TO LEGAL FORM: k"
C. J. TAYLOR, JR., CITY ATTORNEY
BY
'
CONTRACTOR
BY :-i
That Joella Orr is hereby designated as the
person to
administer the provisions of this a Bement.;t
1
r T
CITY . ,ER
BATE I
r
INDEPENDENT CONTRACTOR'S AGRE'r:MENT - PAGE 2
~1.
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v .i t G r s Yti.`iy .~r d ii Lif } . 4 Yr
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1~ i { ~ h 4.h.t e an y i~~. .r art ' t 1 ~ it. t _4 ~ r ?r~tr~ ~ SlI.~I,tty ~ f( ~~t~ ~i1t5~~
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• 1 ♦ r. ` P o`i•rrT P l.. • 1 r 'PI 1;~ 1 ~r~~ `~`TF+~yA`YI l R
1 a ''++99
r
F'
THE STATE OF TEXAS $ t
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON S
r
+ This Agreement entered into by and between Golden Triangle
Corporation and the City of Denton, Texas, a Municipal ,
Corporation situated in Denton County, Texas:
1. The City of Denton has heretofore approved Laurel'
Addition to the City of Denton, and as a part of the approval
of said addition Golden Triangle Corporation agrees to complete
1 ^r;
the paving of Highland Park Road beginning 135 feet north of
Laurel Street and extending 1,334 feet south of Laurel Street
in said Subdivision. Said paving to be 12 foot wide and meet
the City of Denton Paving Standards.
r'r 2. Golden Triangle Corporation hereby agrees to complete
i+
the construction of said street within one year from date
hereof and complete the total construction of Highland Park
Road as described herein within eighteen months from the date
construction is commenced.
SIGNED this the 29th day of May, 1981.
CITY 0 ENTO EXAS
BY
G. RIS HARTU G
CITY MANAGER
w ATTEST: v
A.
y
BILL ANGELO
DEPUTY CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BYt cna~
GOLDEN TRIANGLE CO RATION
BY:
0
E 8 LEW
r
.
' 1 1
• r
~°'.~p~""°'_"''~.'^*"~'*'*'='='~C'~"'-r rmrt>r~srnver7vr~rrsrmmctr•rv--------- '
St•culily Ndlional Insurance Co
t^1
Companies
Trinity Universal Inst+rance Co, (
of Kansas. Inc ~O kyy'"
,W, r f
'ii K~~tr'A ;11.1. !.11..\ BY 'III1:>k: PKF•;Sf:.`Ir, lh.u cc e', GOLDEN TRIANGLE CORPORATION (f),
s i ucrrinahL r ca1le 1 "1'nni, it a!" J . Pnnc rpar TRINITY UNIVERSAL INSURANCE COMPANY
ant ~?E:' ~
a Corporation organized and existing under the laws of i'
(j hr save r,l TEXAS .111'1 authorievd to transact business in the Stnr(. of
hcrviriafrrrc,ill% l'•1urcts as',urea, jr'. held anr'. Eintlr boun,i unto CITY OF DENTON, TEXAS
3 hereinafter called "Ohligee•II) as Obligee, in the penal sum of
TWENTY ONE THOUSAND, SEVEN
(1) HUNDRED AND N0/100---------------------------------- O
1)ollars tS 21,700.00 good and lawful money of the United States of America, for the payment of ;a{
%rhich, well and truly to he m,a te, we bind ourselves, our heirs, administrators, executors, successors and
a+
'(ij' nssihns, Jointly and scecrally finely by these presents. ;i
11If1 KF{AS• the above bounden Principal has entered into a certain writren contract with the above 'it'
namr•,I C)blt9cc, datrd the 29t1h day' of May 19 81 , to do and
I (I{ perform the following work: ;N; vy!
J PAVING OF HIGHLAND PARK ROAD BEGINNING 135 ft. North of LAUREL ST., & EXTENDING
1334 ft. SOUTH OF LAUREL STREET, CITY OF DENTON, TEXAS.
I`N)~ which contract is hereby' re.`erred to for more complete information and is hereinafter referied to as the
contract, k~
W
rN~ SOW TIIGRFf. ORE, the condition of this obligation is such that, if the Principal shall faithfully'
rE . N. perform the cootrrct on his part, and shall fully indemnify and save harmless the Obligee from all cost and
r~ L1,11"13 gC which the Obligee may suffer by reason of failure so to do and shall fully reimburse and repay the r».
Obligee all outlay and expense which the Obligee may incur in making good any such default, then this
vi obligation shall be null at I void, otherwise it shall temain in full force and effect. No right of action P»4 1
'N' shall accrue under this bon d to or for the use of any person, firm or corporation other than the sn;d (1)
t obligee. 0;1 it
W AND PROVIDED that no suit shall be commenced under this bond after the expiration of one year
'04 from the accrual of the cause of action; provided, however, that if such limitation is prohibited by any law W, .
controlling the construction thereof, such limitation shall be deemed amended so as to equal the minimum R?
period omitted b such law; but if there is an maintenance or guarantee period provided in the contract for which said Surety is liable, an action
for maintenance may be brought within six months from the ex-
piration of the maintenance period, but not afterwards. "
~R ~.4 SIGNED AND SEALED this day of A. D. 19-81 ,f.),
r; ~N• GOLDEN TRIANGLE _CORP TION
1!1• nimugrm ~ ,.r
`4 'rllf' SEA1,j 'St AL -
'jl:• INIT IVERSAL INSURANCE COMPANY (I)
t iJt (~l, nxinrwo' ,rhM eii m+r,+' 's9
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rs, ,
yyr• ,jJ Kq OfnC 'n'''ave.
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POWER OF ATTORNEY FI+''
!''i•' , ~ ' ~ I If, l;, il':.'1'. 1(".'.I. v'-~i_r•~P ~Nv. ~z~5
M. G. RAMEY, TERRELL W. KING, III OR
RANDALL L. MINNIS - DENTON, TEXAS'
-ONE MILLION AND _NO/100
IN r'~1TCJC'S~ J,tIEPECIT I~aI11IJY iit;l AL R 4N [ ("I',~Nr, ~ECL,i;Tt' NATIONAL IN-
y SUR 1141.E i GVPAN'r a I TH'II'ITY' IlrJl'~F F 0:P44T Of KANSAS INC,, hove each
e, acute') a•~~1 ar is steel ,c rresr-~•~ t
t~i•
f
J -15th-
'A r 1A ;;v - _ 4, J. VVL1D~ F~..ENi I r#
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A5$TAUTHORITY FOR PO YER OF ATTORNEY
t +r+~ Thar TPINITY RIVE
, 'Ic. F I J1' ~ I I " 'U", f N...I L. I I'. h'AN(. f t:0""PAP#'Y,
v ea t a 7 ra ' to cri i !I T f".I 1 "AL 'i 't1rJ 't' Llf h A J`AS, IYJ a Kansas Y
C.orfc Jti. i r I , r r I 'i-~ r,l r. '''i ~+~-J by ~ it ro -:r t, •.e 8co nl of 'r
I7,rr 7r.r, o" r,-,• 1 1 r + -r ir a a^d c ml lore ropy:
• id "kr-Ol_VEti T,v r, ~ Pr., 1,... _ v _ r !.ry ct I`,:, r•t.a ley be and 1~\
C F the, me h-r 1, a 'r r.ri I 1' 1 =r 1 1 'I r t;.r e Cc n'pan ins sp+
F F , ri o set r, rrs Pcwcr ~6r'
rF A r,rltl ,t,;,;- r r :r t Pc:w r .J r~ t r-
ify t) IraG e, to J r. li.< 'r r f I•' 1 t ;Ir r. }tr
btnj or
ll Vrd rt,.,,Jrj rig} ray t rr ;.Ira) „ i, j , rri r •a.
" 1 J r, ~ r I I-r 'jr ~ ra sin tlr r, 5,
i; as to roture cF Ch Ec 1 yr rI r j , J 1 r li, II, J.n~- I: rf•„ ('.r P'-I,,,
{ os sold Offic rs mY! .vr r Cr,_rrr t r;, n r ( , ( Iv r „ d rt.'tl 1 d..} t, ir•its of licbiIlty to
x' w ICf su-h P,a ,rs 0 Art,rr a n t.
y • d, t f > ~ 1 f 1-t 1 ,F rrlfl rt:l In su h f (-,var of
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Art~rney
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verif c ties cf N Lq. r 1 r
with ile P1 n, r.{ r ! 1., Id r c'.. r•, r,Jn"~ tc rJ')
_ ,r rl it Ir.r wrnl rj. llr7✓,rv in tFn ti~
,r:11;: rarure rre^,, ar r•'~::rJ tJ rr r : r.,r; rr v F r,If1 's if rFr r n@; or Dtt rY in-
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t4~. RESOLVED, lhot tha •r+n at,,re f rv cf r f-.r;: Jr.<rri!. r I-,p ro-ol ofion r,ay he foot
''I~'1'. simile sign arvres as fiz,,d cr r,,;r { d by, ..L,y 4.-r~, r,f in r rt,hrr r,f r_,d tenon of
4
the nr„re5 of the perscrs F •n:ir..,f, n riz..~I,"
CERTIFICATION OF POWER ATTORNEY
•''j,fy Faun, Ass,, Secretary of TRINITY UNIVERSAL INSURANCE COMPANY, SECURITY NATIONAL
Y INSURANCE COMPANY rd TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC. do hereby '.'y
certify than the 1 rr 7o, , F r:^..' ~t'~r:~ of It I' ,,r,J-, is UIrc•-Icr; , .f rh~'I, I: orr ,r 11 0 rrt~, rj t',e Power
Attorney is=:r~ f 15 ,r t tt ,re Irue and correct and are 51111 In full force and effect.
Y+lINESS v,I] E P E 0 I
Y pJ
,i ~V .SAL Ikip `oJ:.:!'.!!• r. ,
Q ~SEEZ i1 _ •1i _.~~J_ FAGAV A95 5E Clik T AFIF
O ;SEAL., .SEAL
o-~noe *F'~~f~
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to
!4
' THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
9
COUNTY OF DENTON §
i
'j This Agreement entered into by and be*_,veen Golden Triangle ,
t.
Corporation and the City of Denton, To:xas, a Municipal pfi
I Corporation situated in Denton County, Texas:
r` 1. The City of Denton has heretofore approved Laurel
Addition to the City of Denton, and as a part of the approval '
of said addition Golden Triangle Corporation agrees to vomplete
the paving of Highland Park Road adjacent to the south boundary
line of Laurel Addition and being 280 feet in length in said
subdivision. Said paving to be 17 foot wide and meet the City
'r
I- ' <
of Denton Paving Standards,
2. Golden Triangle Corporation hereby agrees to complete
the construction of said street within one year from date
hereof and complete the total construction of Highland Park
Road as described herein within eighteen months from the date
construction is commenced.
SIGNED this the 29th day of May, 1981.
CITY OF NTO , TEXAS a
L
BY:
G. C R AR' G
CITY MANAGER
ATTEST:
1y
BILL ANGELO
DEPUTY CITY SECRETARY
CITY OF DENTON, TEXAS 11 4
4
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS +
a-
BY:
GOLDEN TRIANGL',' CORPORATION
BY: Z/,
G
OE LE
1
1
~~T Trinity Unlverso IIIs(iIaIIc t Co
''tl~~ Companies Tr'nity y lnsvo s,il In Stlf,ltl l;f' Co
Trtnlt~ Unlvrrs~tl Insur,lnl.l: Cn ;r~r;
N 1.l K,lnsrv. In( ~jl ,'l
t !
i F'\tl'd U 1, 11},\ it2 llif:Sb' 1)RF.~i- I S Th.tt ue, (ioldon ',r}.a'i"1 ore . 1~I
f\ i'1 !I „ .I' ~1., r 'I! l : 1 I' Ile. Irl I .o• _ *Y
1
i ,.~1 1' 1`,.
I 1'i 1 ~ I r!w
,I(,t11'ef.l[II'I't`(1'I(I'.'t'i .lr~l t'xi`I'Ilr „~I r.L., ~K IY{p[
~ 1.1 11.
e n~
,~1' rht, - "texas T x - _ v
fate ) _ ,nJ authON'Vl1 to rr.lntial t Iru'lnt 1:1 tin Nt,uL Or
N~ (hcrcinaft('r call(~d "~urt~t~"1 ,1. Surd}. arc hi'I,i ,tn,{ Firm l} b,'unl? unto City of I)r`n+on iE,>,y
~f Denton, Texas ~ i
b 1+.t Ihereinafter called ''Oblige'e'A t> Obligee, in ,}A penal sum of rl'
rj Thirt:~rn rhousandJ five hundred and no/100
F
r.,
Dollars 15 13,'500. O 1, good and laoful money of the I r11CLd Shltec of ,America, for the t'a t 11 er
N whiih, Krill anti troll to b(' made, A%e binA ourselles, Our hcir.,, ,Oministrator,,, C'\C'l'U(cr,,, "U':O S, 1r1 f i'
al, sign jointly and ,(%crally firrnly b) these' presents.
RII LK F.k thL 16Jt't' hou n,1 t'n fit ini lpa1 has ('me're',{ 111 r,' S tt rt.l 111 1A,f L' ,,r,lr rlt t it]th
~~7, II .1111(',1 Obligt 1, ,.1 tr.1 ,I1k. ?C'th t1,11' of Aril '1 ,n+ , (1 t(~~~
N L 1 r,. an I l
perform the follo',(ing Nl,;f:'. 'I'•
Comnleto paving 17 ft. :ride and ~St' ft. 1oni- or ',iit .l In f f ;rk .(o ad jdjacen , to ,~h1 4
I rw
t e ~oith f?'otindjj''}}~ in_ of Wore dd(litir~,n. iity of let„~n zr.
y ±N: N ILh ('ontract Ic rtC'ft Y retcrrcd t0 for more -tcompletc if form Sion land i,, h^re 'inter rLf('rrc•1 t , a r', 1. f~ `y~
runtract. '`i,
Iiit W
i V?2', THERLWRE, thL condition of this obligation is Such that, if the Principal shall fai'hfullt
y P-4 perform the' contr.ict on his part, Avid shali full}' indemnify and sate harmless the Ohliyce from al; (.,,r ,Intl
r~ Jamage N'hich the Obligee may suffer by reason .'f failure so to ,lo and shall fully reimburse ant; re rx, tht ~~16
IyM', Obliged all outlay and expc'nsL which t}Ir Obligee may in:ur in makutg good any such -lefaulr, thra (hit, ~~1
~k ( obligation shall be null an:f void, oth-revisc tt shall remain. in full force and effLl:r. \'n r,thr t f utio., 'ht
y,
Pa shall accrue' under this bond to or for the use of any' pcraon, firm or corpurattt+n other (bar, rh" ,ai! ,1,., py.
,`f~1 g
E~
AND PROVIDED that no suit shall he commenced under this bond after the expiration of one 'gear jtw
from the act'rual of the causc of action; provided, howe•vcr, that if such limitation is prohibi(ed fn ,r: ? Ic,
? l+~ controlling the construt tion thereof, such limitation shaiI he tie( mod anlcnded so .ts to equal the m;[111"4ril ,
~`r~1 period permitted by such Iaw, but if there is any maintenancc or puaranice period protidcd In thL :1 A r.1
t ~j for which saiJ Sure(y is liable, all action for maintenance mat' ht` brought within six months from 'I`1 , r '
~N+' pirarion of the maintrnar,ce period, but not afterwards, l~r
N .l
27th Ar r i l
till %f(~.SED AND SEALED rhi.._-_- _ lay of __t A, 11. 1v °1 (1, s. '
0olden I`rian;;le Co
I~ 1
f'~f1 ~SEar} SEAL 1 SFAL'
,r ~J ~ JoeuA. :`ilex (presideriQ '
',igi!1M1 rMPMM ~ 1.1
1
r
i J .r~~• rte.' ~r~~• i~ i~~ i.~; ~I,+•~~ ~ . ~ : i
ki, i ~:E;.:.~i' x- x~.l~ 2. i. 2, icrtr~.:f~f~ si;~t ~3SJ
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BROOKS, BROWNSTEI & ASSOCIATES 5757 AlpSa Roa
Alpha Zower, Suite $02
Executh a Search Consultants for the Data Processing Industry Dallas, Texas 75240
Telephone 214 3813300
May 12, 1981
Dlr. King Cole
Assistant City Manager
City of Denton
%nicipal Building
Denton, Texas 76201
Dear King:
This letter will serve as the basic agreement and executive search con-
tract between the City of Denton and Brooks, Brot~nsted $ Associates for re-
cruiting services rendered by Brooks, Brohnsted in connection with the search
for a Data Processing Manager for the City of Deltton.
1. Candidate Profile
It is our understanding that the selected candidate will, at
a minimum, possess the following skills:
A. Two (2) years proven data processing managcmcnt ex-
perience to include:
1. Budgetary management.
2. Long range planning.
3. Daily operational planning.
4. Administrative management to include hiring,
firing, training, etc.
I 5. Working knowledge of either DOS or exposure
to the IV 4331.
6. Sound technical backgrourxi to include working know-
ledge of ANS COBOL programming language.
7. User interface ability and reasonable interper-
sonal skills.
B. Additionally, it is understood that preferred
background would include the following:
1. Hardware/software conversion experience.
2. Bachelor's degree, preferably in Computer
Science, or related technical discipline.
3. Current programming skills.
Letter to Air. King Cole
May 12, 1981
Page 2
11. Compensation
It is understood that a maxinnun salary of $33,000 is to be
paid with an optinaul salary and target objective of $30,000
to $31,000.
III. EZulocation/t,fuviEJrnsc
It is understood that a maximiun $3,000 relocation allowance
is available.
IV. Fee ArranRoment
A. If any candidate presented via Brooks, Brownsted f,
Associates to the City of Denton by Friday, May 29th,
is ultimately hired for the position, Brooks, Brutrn-
sted F, Associates will be p-id a fee of $9,000.00.
B. If any candidate presented to the City of I)enton
after May 29th, but before Friday, June 15th, is
hired, Brooks, Brownsted F4 Associates will be paid
a fee of $8,000.00.
C. If a candidate is presented after June 15th, and
is ultimately hired, Brooks, Brownsted f, Associates
will be paid a recruiting fee of $7,500.00.
D. As previously disaissed, our fees are billable
on the basis of one-third ($3,000.00) immediately
after the acceptance of this agreement, one-third
($3,000.00) in three months and the final one-third
billable on the effective employment date of tite
candidate hired.
E. As indicated in our "Letter of Intent" of April 30th, aixl
in addition to the fee arrangement as stated above, the
City of Denton may also be billed for expenses to in-
clude such items as travel, advertising, long distance
telephone charges, etc., the total of which would not
exceed $500.00 and would be approved in advance to you.
V. Guarantee
It is understood that if the person we successfully recruit leaves the
employment of the City of Denton within six (G) months from employment
date for a,ty reason other than layoff or separation due to reduction
or change in work force requirements, Brooks, Brownsted & Associates
will replace the person for no fee.
Letter to Mr. King Cole
May 12, 1937
Page 3
King, this letter agreement reflects our understanding of the require-
ments and will be used by us as a reference point in seeking candidates for
the position.
Again, Joe and 1 look forward to working with you and Betty and are
very enthusiastic about this assignment.
Sincerely,
Robert K. Brooks
RKB:kjc
Enclosure
Accepte
it o enton
Date: /
CC: Ms. Betty McKean
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RESOLUTION IN APPRECIATION'OF
"JOE SKILES"
WHEREAS, the citizens of the City of Denton has lost one of its
most valuable citizens; and
WHEREAS, Joe Skiles served his community above and beyond
the mere efficient discharge of his duties in
promoting the welfare and prosperity of the citizens
of Denton, and earled the ,fr'lt re•e-e^t and
admiration of his colleagues and associates; and
WHEREAS, Joe Skiles, a local Attorney, was the developer of
the Skiles Addition and Southridge Addition;
Director of First State Bank, past President of the
Denton Chamber of Commerce, and was the first
recipient of the Otis Fowler Award; and
WHEREAS, Joe Skiles was past President of the State Bar of '•z.'
Texas, a former State Representative, a former
Assistant Attorney General of Texas and former
Associate of Lyndon Johnson in the National Youth
? Administration; and
R WHEREAS, Joe Sk(les was the kind of individual who gave not
only his time and money but took a sincere interest
in the life and wellbeing of all the people with whom
r
he came into contact and dedicated himself to the A `
building of a better life in the community.'
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE. CITYe
a OF DENTON, TEXAS. 1ti,
That the sincere and warm appreciation of Joe ;
3 Skiles felt by the citizens and officer-9 of the City of
Denton, Texas, causes this Resolution to be formally
j transcribed into the official minutes of the City of
Denton, Texas, dedicated to the rememberance of
the "Honorable Joe Sktles".
PASSED AND APPROVED this the 12th day of May, 1981.
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A -AU-4
IC RD O. EWAR , M YOR
CIP OF DE TON, TEXAS
AT TEST:
~M
OKS N LT, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM: ~•r.
CfTY TTORNEY
C. J. YLO , M9.0-
' CITY F DENT , TEXAS
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RESOLUTION IN APPRECIATION OF
"BULLITT LOWRY"
WHEREAS, Bullitt Lowry has unselfishly contributed his time and effort in an
outstanding and exemplary manner during his tenure as a member of
the Texas Historical Crhmmfesion anc vas chos^n as a Outstanding
Commission Alember of 1980; and ;
WHEREAS, Bullitt Lowry Is the author of Historical Markers of Denton County,',` '
Texas and co-author of A Brief History of Denton County; and
WHEREAS, Bullitt Lowry has served as Chairman of the Historical Landmark
Commission of the City of Denton; Vice-Chairman of the Denton
County Historical Commission and Denton Cq my Chairman of the
Texas Heritage Project of the Texas Historical Foundation; and
WHEREAS, the Mayor and City Council acknowledge their grateful appreciation
for the tireless and outstanding manner in which Bullitt Lowry has
performed these, and many other, public services, and extend their
best wishes for his continued success as a community leader;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON:
that the sincere and warm appreciation of Bullitt Lowry, felt by the
citizens and officers of the City of Denton, be formally conveyed to
s him in a permanent manner by spreading this Resolution upon the
off total minutes of the City of Denton, Texas, and forwarding to him
`I
a copy hereof; and i
,ri 3~{k
1. BE IT FURTHER RESOLVED,
that the City of Denton does hereby officially and sincerely extend
its best wishes to the Honorable Bullitt Lowry for a long and
successful career as a member of our community, and as a civtc
leader.
PASSED AND APPROVED this the 12th day of May, A. D. 1981.
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CIT OF DE ON, TEXAS
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ATTEST: t:
BKOOKS LItCII ECRET R
CITY OF DENTON, TEXAS )
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APPROVED AS TO LEGAL FORM:
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C. J. T 0, J CITY A 0 NEY ~
+ CITY DENT f TEXAS
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R E S O L U T I O N
4'0
WHEREAS, the City of Denton, Texas has heretofore entered
n
into an agreement with the State of Texas, State Department of
Highways and Public Transportation, to acquire the right-of -wa
y
necessary for S.H. Loop 288 in the City of Denton; and
WHEREAS, the City of Denton has been unable to agree and
ik
cannot agree with the owner upon the value of the hereafter
described land situated in the City of Denton, Denton Count-
yl
Texas; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS:
SECTION I.
The State Highway and Public Transportation Commission of ;
the hate of Texas has found and determined that it is
necessary and convenient to acquire the hereinafter described
property for the purpose of constructing, laying out and
reconstructing a highway, designate as a part of the State
Highway System, and the City Council hereby determines that it
rt
is necessary that it authorize proceeding in Eminent Domain to
4 acquire the title to the hereinafter real property.
'G SECTION 11.
The City Attorney of the City of Denton, Texas, is hereby
r
authorized and directed to bring condemnation proceeding to
obtair the fee simple title, including all improvements
thereon, to the following tract of land situated in Denton i
County, Texas, to-wit:
Being 97,388 square feet of land, more or less, out of and a
part of that 11.740 acre tract of land in the C. Carter Survey,
Abstract No. 275, and the R. B. Longbottom Survey, Abstract No.
775, in Denton County, Texas more particularly described by
metes and bounds In Exhibit "A" attached hereto and made a past
hereof for all purposes.
pursuant to existing law, the some to be paid fcr by the City
of Dent m, with the title thereto vesting in the State of
Texas; however, chore is excluded from said estnto to be
condemned all the oil, gas and sulphur which can be removed
from beneath said land without any right whatever remaining to
N {
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the owner of such oil, gas and sulphur of ingress or egress to {
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or from the surface of said land for the purpose of exploring,
developing, drilling, or mining of the same.
SECTION III.
This .^.esolutijr, sLali become effective from and after its
date of passage.
"y PASSED AND APPROVED this the day of
r1981.
.a
41C-IARD 0. tl
T MAYOR-
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COF DE TON'f
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ATTES
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PRUOKS-HOLTI-CITY TM i
CITY OF DENTON, TEXAS
h
APPROVED AS TO LEGAL FORM:
i C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
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PARCEL NO. 24
PROJECT 8018-1.5'
(S.H. LOOP 288)
Y
DONALD W. JOHNSON
MICHAEL W. GEORGE
DICK V. FOSTER
s
.q+,f,~.~a}r.r , }W;`'`~xnsti-,>s{'a„-U n,. ~nr,f''F""ri~r - a•ta r, v-s-,. h 9.St rr i 'd
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EXHIBIT "A"
G'
D 15-14 8018.1-57 Parcel 24
Page 1 of 1
May 31, 1979
P.
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Being 913388 square feet of land, more or less, out of and a part of that certain
11.740 acre tract of land in the C. Carter Survey, Abstract No. 275 and the R. B.
Longbottom Survey, Abstract No. 775 in Denton County, Texas; one-half interest
in said 11.740 acre tract was conveyed to Donald W. Johnson by deed dated February 10,
1971 recorded in Volume 616, Page 685 and one-half interest in 11.740 acre tract
to Michael W. George and Dick V, Foster by deed dated March 24, 1976 recorded in
Volume 779, Page 96, Deed Records of Denton County, Texas; said 97,388 square
feet of land, more or less, being more particularly described by metes and bounds
as follows:
BEGINNING at the northeast corner of said 11.740 ecre tract and point being in the
south right of way line of the Texas and Pacific Railroad said point also being
North 690 23' 48" East a distance of 828.29 feet from th,) northwest corner thereof;
(1) THENCE South 00° 37' 03" West for a distance of 84.21 feet to a point; '
(2) THENCE South 00° 22' 02" West for a distance of 695.57 feet to a point;
J
(3) THENCE South 88° 38' 49" West for a diatence of 169.17 feet to a pout in the pre-
posed west right of way line of proposed Loop 288;
y` .4
(4) THENCE North 02° 07' 44" East along the said proposed right of way line for a distance k
of 345.10 feet to a point;
(5) THENCE South 890 12' 12" East for a distance of 55.00 feet to a point; rE`
(6) THENCE North 020 11' 3810 East for a distance of 405.48 feet to a point in the north
boundary line of said 11.740 acre tract;
z^; (7) THENCR North 69° 23' 48" East for a distance of 98.02 feet to the place of beginning. (63
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VGA, p t r y a a °i. ~ r t i : . ,
oil } 1 Mr,•1 l;a1 ' ys Et M1r~ '.v k e>. ,.e i}' r ,
rs~FV..,~a, 14 teat Yei~T T1ir 1 i11+, '..Ia ' ♦Y Ir 1 a~4 i I vt'k Y~ ryLr 4y~ /y a VrG 1'°' a.
~r ~ 1~~.! W u s. w• ~ C Y a ~ w' f ~ 1 ,I } ~ 4s. ~qi (.l1, t~ "e ~}e~/' ~J ~>~~,L~~~~~ '1~1.
-1 ` ~ r e E g a l e t r t ~ 4 f vx +'k
":f { s3C . tae ~ ~ e ,ar ~ S ~ - f sr f l'+i L~~~'i~l a 's' ~',xS s~e'~
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R E S 0 L U T I O N" 1 01,
WHEREAS, the City of Denton, Texas has heretofore entered
,p
into an agreement with the State of Texas, State Department
of Highways and Public Transportation, to acquire the right-of-way
necessary for S.H. Loop 288 in the City of Denton; and
WHEREAS, the City of Denton has been unable to agree and -
cannot agree with the owner upon the value of the hereafter _44.1
described land situated in the City of Denton, Denton County,`
' Texas; NOW, THEREFORE, ff'
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTONr TEXAS: {
SECTION I.'va
The State Highway and Public Transportation Commission of
the State of Texas has found and determined that it is d'y
necessary and convenient to acquire the hereinafter described
property for the purpose of constructing, laying out and
t r,,
reconstructing a highway, designated af, a part of the State
Highway System, and the City Council hereby determines that it
Iq ~
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is necessary that it authorize proceeding in Eminent Domain to
acquire the title to the hereinafter real property.
SECTION II_
The City Attorney of the City of Denton, Texas, is hereby
authorized and directed to bring condemnation proceeding to rFa
obtain the fee simple title, including all Improvements
thereon, to the following tract of land situated it! Dento. Y.;
County, Texas, to-wit: r
Being 21,155 square feet of land, more or less, of whi-h 820
feet is located in a Public Road (Audra Lane), out of and a
part of that 16.141 acre tract of land in the R. B. Longbottom`
Survey, Abstract No. 7750 in Denton County, Texas more
particularly described by metes and bounds in Exhibit "A"
attached hereto and made a part hereof for all purposes.e
pursuant to existing law, the same to be paid for by the City
of Denton, with the title thereto vesting in the State of
Texas; however, there is excluded from said estate to be
condemned all the oil, gas and sulphur which can be removed
from beneath said land without any right whatever remaining to
~{yy1y »
re ~',l•T.ifl Z~Tjsji"~ Cifi'i'n es 4^e I`r. - t
WSTSji'q
9
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1
the owner of such oil, gas and sulphur of ingress or egress to
or from the surface of said land for the purpose of exploring,
developing, drilling, or mining of the same.
SECTION III.
Rc.,olutior, shali become effective from and after its ;
r
date of passage.
i PASSED AND APPROVED this the day of s}
x's
1981.
r
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C R 0. STEW , MA OR ir/
CIT OF D NTON
M ATTEST,
i
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
f
C H
BY:
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I~
PARCEL NO. 34
PROJECT 8018.1-S7
(S.II. LOOP 288)
TURNER F. GASSAWAY
TEXAS VETERAN'S LAND PROGRAM
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EMBIT "All 'lei
7LB-1P. 8018-1-57 Parcel 34
Page 1 of 1
May 31, 1979 '
Being 219155 square feet of land, more or less; of which 820 square feet is located
in a Public Road (Audra Lane), situated in the R. B. Longbottom Survey, Abstract
+ No. 775, out of a 16.141 acre tract which is under Contract of Sale and Purchase
with Texas Veteran's Land Program and Turner P. Gassaway dated January 26, 1964,
i recoided in Volume 504, Page 226, Deed Records of Denton County, Texas; said 210155
square feet of land being more particularly described by metes and bounds as follows:
r nrY.
BEGINNING at the southeast corner of said 16.141 acre tract, said point being in
the existing west right of way line of Loop 288 and centerline of Audra Lane, said
point also being South 890 12' 12" East a distance of 1368.00 feet from the south-{
west corner thereof;
1) THENCE North 890 12' 12" West -tong the centerline of said street for a distance `
y of 40.00 feet to a point;
E
2) THENCE North 000 47' 48" East along the proposed west right of way line of Loop 288
for a distance of 505.69 feet to a point;
,3) THENCE North 090 16' 33" West along the said proposed right of way line for a
distance of 22.46 feet to a point;
4) THENCE South 890 12' 12" East along the north boundary line of 16.141 acre tract for
a distance of 43.93 feet to a point in the existing west right of way line of Loor,
288;
a r t r'
ray ;5) THENCE South 000 47' 48" West along the said existing right of way line for a distance
of 527.80 feet to the place of beginning.
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AS r ii.v r:; 4 u91 ytl'~111 w, qi f r r rY Yr 71 4 roS{{ ,~1i4 Ar ~ 1 1'~
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J Cf r- i 7' 46r1~ i " i x vi laJr'C .
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R E S O L U T I O N
WHEREAS, the City of Denton, Texas has heretofore entered
into an agreement with the State of Texas, State Department of
Highways and Public Transportation, to acquire the right-of-way
necessary for S.H. Loop 288 in the City of Denton; and
WHEREAS, the City of Denton has been unable to agree and
;x
cannot agree with the owner upon the value of the hereafter
described land situated in the City of Denton, Denton County,
Texas; NOW, THEREFORE,
' BE IT RESOLVED by ',rHE CITY COUNCIL OF THE CITY OF DENTON, TEXAS:
SECTION I.
The State Highway and Public Transportation Commission of
the State of Texas has found and determined that it is
necessary and convenient to acquire the hereinaf'er described
property for the purpose of constructing, IFying out and
reconstructing a highway, designated as a part of tLe State s'
Highway System, and the City Council hereby determines that it
is necessary that it authorize proceeding in Eminent Domain to
.r acquire the title to the hereinafter real property. ki
SECTION II.
y i
The City Attorney of the City of Denton, Texas, is hereby f'
authorized and directed to bring condemnation proceeding to
obtain the fee simple title, including all improvements f
tEI
thereon, to the following tract of land situated in Denton
County, Texas, to-wit: }
Being 2.886 acres of land, more or less, of which 0.690 of an '
acre of land is located in Public Roads (Kings Row and Old
North Roads), out of and a part of that 62.868 acre tract of
5t,
land in the Daniel D. Culp Survey Abstract No. 287, in Denton
County, Texas rore particularly Jescribed by r~etes and bounds
In Exhibit "A-' attnc,hed hereto and made a part hereof for al.).
purposes.
pursuant to exist'.nr; 1-tv, same to be paid for by the City
of Denton, with the title thereto vesting in the State of
Texas; however, there is excluded fron said estate to he
condemned all the oil, gas and sulphur which can be removed
from beneath said land without any right whatever remaining to
r~N9,'ZTR.'{,R1 9Y- r,, r+ -,wy
r 17 'P E ~1 t' n 'R. s r 5 6i-.n,_ t
1 V~ti w h,r dr~''~1 4
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the owner of such oil, gas and sulphur of ingress or egress to
or from the surface of said 1^nrl for the purpose of explorfng,
developing, drilling, or mini: of the same. Eti+
SECTION III.
This Resolution shall oecome effective from and after its
date of passage.,
PASSED AND APPROVED this the day of
1981.
1 STE a R
CIT OF DE TON
i.
IT E RET
ADK
0' J
ENTON, , TEXAS
tl APPROVED AS TO LEGAL FORM:
V C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON TEXAS
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PARCEL NO. 1.8
PROJECT 8018-1-57
(S.H. LOOP 288)
FIRST TEXAS SAVINGS ASSOCIATION
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``,.K.~~rra+,~i._~t.~siq~t y~.3 Y~~~~'~.t_s`~:e'R~~yi!`~'~~~~~C.~.~~!.5£'~,~;~',ar~.~~~.1:'Il';~i; ~,i ~'.~_+'!A~'.`~'~;•
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0-15-14 8018-1-57 Parcel 18
Page 1 of 1
Hay-31T-J919
Rev. October 1, 1979
Being 2.886 acres of land, more or less, of which 0.690 of an acre of land is
located in Public Roads (Kings Row and Old North Roads), situated in the Daniel D.
Culp Survey, Abstract No. 267, out of a 62.868 acre tract conveyed to Fort Worth
Savings and Loan Association by deed dated September 9, 1976 recorded in Volume
803, Page 737, Deed Records of Denton County, Texas; said 2.886 acres of land
being more particularly described by metes and bounds as follows;
BEGINNING at a point in the proposed southwest right of way line of proposed Loop
288, said point is in the centerline of Old North Road and bears North 110 31' 41"
East a distance of 370.81 feet from the southwest corner of J. A. Frates 15.0 acre
tract of land recorded in Volume 917, Page 16, Desd Records of Dentou County, Texas;
(1) THENCE North 780 17' 20" West for a distance of 27.50 feet to a point in the west
r line of Old North Road;
(2) THENCE North 470'20' 16" West along the proposed southwest right of way line also
4 being the northeast line of Section IV of the Kingston Trace Subdivision for a
distance of 595.54 feet to a point, said point being in the south line of Kings
Row Roads
(3) THENCE North 020 24' 39" East for a distance of 32.50 feet to a point in the center-
line of Kings Row Road;
(4) THENCE South 870 35' 21" East along the said centerline for a distance of 526.29
feet to a point;
r
(5) THENCE South 040 04' 35" West for a distance of 167.51 feet to a point, said point
being at the intersection of the middle of Kings Row Road with the middle of. Old
' North Road;
y
(6) THENCE South 110 17' 46" West with the centerline of Old North Road for a distance
of 257.40 feet to the place of beginning.
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R E S O L U T I O N
WHEREAS, the City of Denton, Texas has heretofore entered
r
R into an agreement with the State of Texas, State Department of
Highways and Public Transportation, to
acquire
the right-of-way
necessary for S.H. Loop 288 in the City of Denton; and
WHEREAS, the City of Denton has been unable to agree and
cannot agree with the owner upon the value of the hereafter
~I
~ Pr 1
K' described land situated in the City of. Denton, Denton County,
I u t,
x Texas; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS:
SECTION I, +^N'
3. The State Highway and Public Transpurtation Commission of
the State of Texas has found and determined that it is
necessary and convenient to acquire the hereinafter described
property for the purpose of constructing, laying out and
reconstructing a highway, designated as a part of the State
Highway System, and the City Council hereby determines that it rr
is necessary that it authorize a"a
proceeding in Eminent Domain to
acquire t'te title to the hereinafter real property. SECTION II` ;
The City Attorney of the City of Denton Texas Is hereby'
authorized and directed to bring condemnation },ro-leding to
obtain the fee simple title, including all improvements
thereon, to the following tract of land situated in Denton
County, Texas, to-wit:?.;.
Being 75,314 square feet of land, more or less, out of and a ?;1
part of that 24.935 remnant acre tract of land in the R. B.
^P
Longbottom Survey, Abstract No, 775, in Denton County, Texas
more particularly described by metes and bounds in Exhibit "A" u
attached hereto and made a part hereof for all purposes.
pursuant to existing law, the same to be
paid for by the City
of Denton, with the title thereto vesting in the State of
Texas; however, there is excluded from said estat•, to be r iwl
condemned all the oil, gas and sulphur which can be removed 4
I
from beneath said land without any right whatever remaining to
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the owner of such oil, gas and sulphur of ingress or egress to t,.
or from the surface of said land for the purpose exploring, f
developing, drilling, or mining of the same.
SECTION III.
This Resdlution shall become. effective from and after its
date of passage.
+
PAS3ED AND APPROVED this the ~ day of
#4~
tsar..
RD S'TE Wo MA OR y'
CIT OF D NTON;
ATTEST:
CITY OF DENI'ON, TEXAS
APPROVED AS TO LLGAL FORM:
y*u,y
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENrON, TEXAS
+ BY
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PARCEL NO. 33
PROJECT 8018-1.57
(S.H. LOOP 288)
TURNER F. GASSAWAY, BT UX
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EXHIBIT "A"
D-15-14 '
8018-1-57 Parcel 33
Page 1 of 1
Rev. July 13, 1979 is
Being 75,314 square feet of land, more or less, situated in the R. D. Longbottom
Survey, Abstract No. 775 out of the remnant of a 24.935 acre tract conveyed to
Turner F. Gassaway and wife, Joyce Gassaway, by deed dated September 18, 1963, v
recorded in Volume 504, Page 229, Deed Records of Denton County, Texas; said
75,314 square feet of land being more particularly described by metes and bounds
as follows: {
BEGINNING at the point of intersection of the proposed west right of way line of
new Loop 288 with the north boundary
South 88° 48' 42" East a distance of 335.14ffesa Gas tract,
etdfromstheysouthwestacornernofbain
tract of land conveyed to Fred H. Peterson by deed dated December 20, 1978, recorded
in Volume 929, Page 553, Dead Records of Denton County, Texas;
(1) THENCE South 8$0 48' 42"
East a distancs of 169.48 feet toawpoint hInaexisting nwest right°ofsway lineaofyLoopc280;
(2) THENCE fouth 00° 47' 48" West along the existing right of way line for a distance
of 1!':.66 feet to a
point in the south boundary line of said :7assaway tract;
(3) THENCE North 89° 12' 12" West along said south boundary line for a distance of 43,93
;v (4) THENCE North 09° 16' 33" West along the west right of way line of new Loop 288 for
a distance of 717.88 feet to the place of beginning.
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R E S O L U T I O N t"
I,
WHEREAS, on May s, 1981 the City Council by Motion expressed ~4kli
its concern on the question of dividing the City of Denton into t
more than one Representative District; and r
j WIHEREAS, said motion was transmitted to members of the
Legislature and to the appropriate committees of the
Legislature; and
WHEREAS, it is the desire of the City Council to formally
express its concern by official resolution; NOW, THEREFORE,
r~
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS:
SECTION i,
The City Council of the City of Denton hereby requests that
the entire City of Denton be placed in one Representative
District and that the City of Denton not be divided between two
or more Representative Districts.
SECTION II.
The Mayor is hereby requested to forward a copy of this
Resolution to State Sena-or Bob Glasgow and State Representative
Jim Horn and the appropriate Committee Chairman. r,
PASSED AND APPROVEP. this the 12th day of May, 1981,
4NT 4, oR
CI TY OF DE , XAS
e
ATTs
0 , CIT SE ✓RETM
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J, TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON) TEXAS '•r.
BY.
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AMERICAN MANAGEMENT SYSTEMS, INC.
Proprictaiy Software herrn License and
%lointenance A%grecntent
AN II RI( AN %IAN'AGI.,11LN ISY`, I IA IS, IN C. a Dclai%arc corporation, %N IIOse
principal kIf Iicc k Ioiatl'd at 151; 11'iI~on iloizIevard, Arlington, Virginia 22209, and
the City of Denton, Texas
("Licensee„),
Texas municipality ,hose principal office is IoCated at
City Hall, City of Denton Texas
af;rrr a, loll~t, x
t. License; 't'erm of License
a. AMS hereby grants to Licensee, and Licensee hereby, accepts, a nonexclusive and nontransferaLle license
to use the computer sofhvare components described in Exhibit A (the "Packaged System") on the terms and
conditions hereinafter set forth. The license shall be for an initial term of fifteen (15) years from the date {MS first
furnishes the Packaged System to Licensee (the "Deliver), Date"), and AMS shall notify Licensee of tine Delivery
Date. If Licensee wishes t0 tenew this license, Licensee shall so notify AMS prior tothe end of the month preceding
the month in which the license ends. The license shall be extended for an additional one (1) year term x:th Ah1S'
app,ovai, which shall not unreasonably be withheld. Requests for, and approvals of, additional license renewals
shall be made in the same manner. This license shall be renewable as provided above for up to a total of fifteen (15)
renewal terms.
b. Licensee is authorized to use the Packaged System only to process work for Licensee (excluding work
performed as a service bureau) on one or more designated computers at the single location specified in Exhibit A.
No license, either express or implied, is granted by AMS to Licensee hereunder to use the Packaged System or any
portion thereof for any purpose, at any location or on any equipment other than as specifically set forth in this
subparagraph Lb., and Licensee may, not sublicense the Packaged System or any portion thereof.
2. Maintenance Services
a. AMS shall provide the maintenance services described in subparagraph 2.c, for a period of twelve (12)
months (the "Initial Maintenance Period") beginning with the month in tti,hich the Delivery Date occurs without
additional charge to Licensee,
b. Licensee may purchase maintenance services for the Packaged System following the end of the Initial
Maintenance Period for a period of twelve (12) months from the expiration date of the Initial Maintenance Period.
Upon receipt by AMS of payment of its invoice for such period, AMS will provide the maintenance services
described in subparagraph 2.c. AMS tx ill continue to provide such maintenance services as long as (i) Licensee is
current (i.e., not greater than fifteen (15) days in arrears) in the payment of the maintenance fee provided in
paragraph 3. hereof for each subsequent maintenance period; and (ii) Licensee incorporates into the Packaged
System within one hundred eighty (180) days of the issue date all releases relating to the Packaged System
furnished by AMS. The Initial Maintenance Period and subsequent maintenan-e periods are referred to cdlec-
lively as the "Maintenance Period."
c. The maintenance services referred to in subparagraphs 2.a. and 2.b. are as follows:
(i) AMS shall provide Licensee with reasonable amounts of consultation by telephone to assist Licensee
in the use of the Packaged System;
(ii) for the Maintenance Period, AMS shall supply computer program code to correct any rrors in the
Packaged System which cause it to deviate materially from the specifications for such Packaged System which
are set forth in the manuals listed in paragraph 1. of Exhibit A;
(iii) AMS shall provide Licensee, without additional charges beyond the maintenance fee provided for in
paragraph 3. hereof, all enhancements to the Packaged System developed by AXIS and generally made
available to other licensees of the Packaged System ("Enhancements"); and
(iv) in the event AMS permanently ceases maintaining the Packaged System, Licensee shall have the
benefit of the rights described in subparagraph 4.b. hereof.
ANIS shall have no obligation to incorporate Enhancements into the Packaged System. Ilowever, if requested by
Licensee to provide assistance in incorporating Fnhancements into the Packaged System, AMS agrees to use its
best efforts to do so; and Licensee agrees to pay for AMS' efforts on a time and materials basis at AMS' then
prevailing rates.
~ 1 1
• d. Susp'cted error conditions I% ill b: tiny,stigated and corrected by AN1S personnel at AMS' offices to thC
extent possible. I.icenscc may request 01,10 Mo; conduit such investigation and correclionat Licensee's location.
In the event that AMS personnel travel to the location of Licensee at Licensee's request, Licensee will pay AMS for
travel and subsistence exPenscs. If AMS, in its reasonable judgment, determines that the suspected errorcondilion
was attributable to a cause other than an error in the Packaged System or an Enhancement, then Licensee will pay
fur ANTS' efforts on a time and materials basis.
3. License and Maintenance Fees
a. As compensation for the license granted hereunder (including renewals thereof), Licensee shall pay AMS
the license fees set forth in Exhibit A. AMS will provide Licensee wi[h such training, assistance, and support in
using the Packaged System as is set forth in Exhibit A. Additional training, assistance and support will be Provided
on a time and materials basis,
b. If Licensee elects to purchase maintenance srrvtces ioltoiving the end of [he Initial Maintenance Period, as
described in paragraph 2. hereof, Licensee shall pay ANIS at ANTS' then prevailing rates for such services.
c. AMS will invoice Licensee for the license fee in the manner described in L.hibitA.invojcesformaintenance
fees will be furnished annually in advance to Licensee. All invoices shall be due end payable in full immediately
upon receipt of the invoices by Licensee and sha11 be deemed correct if Licensee has net notified AMS within fifteen
W;) days Of the date (if the invoice of Inv claimed invoiCV discrepancies or failures Lv AMS to furnish services
hen under, In the event of travel by AMti personnel to Licensee's location, other out of-F ocket costs shill be billed
to I iccnxvc at AMS' cost.
d. 1 he Prices speciliecl in this A1~rCCIIWnt are (AClusiyc of any tariffs, duties Or taxes, however designated,
levied or based On this Agreement, the Packaged Svs(em and Licensee's use thereof, charges and payments made
hereunder, or Inv seryias, materials and supplies furnished by AMS hereunder, including, without limitation,
any sales and uae cases and anv state and local privilege or excise taus based (in gross revenue L;-ensee agrees to
pay and be responsible for all Such Lt\cs and levie,', (exclusive, however, of taxes based on net into ne). ANIS shall
have the right, but shall not be obligated, to Pay anv such taxes or 1( vies directly, in which even! Licensee shall
promptly reimburse AMS in the amOUnt thereof upon presentation by AMS of evidence of paymont,
4. Representations, Y:arrarries and Agreements by AMS; Disclaimer
a. MIS represents and warrants that it is tree to enter into this Agreement and to license use of the Packaged
Svstcnt as provided in paragraph 1. hereof.
I,. in the event that AMS permanently discontinues in business because of banhrvptcy receivership, dissolu-
tion or other form of permanent business disruption and such business is not continued by a successor in interest to
AMS, (hen Licensee shall have the right to secure from AI11S, or from authorized trustees or receivers acting on
behalf of An15, such documentation, including source program code, as ANTS shall have, for Licensee to maintain
it, normal use of and to modify [lie Packaged System. Such documentation shall be licensed without additional
charge to Licensee on the terms and conditions set forth in this Agreement.
c. AMS warrants that performance of the Packaged System will not deviate materially Liom the specifications
set forth in the manuals listed in Exhibit A, provided that AMS, in its reasonable judgment, has determined that no
modifications which have been made to the Packaged System have caused such deviation. Any material modifica-
tion by Licensee of source program code for [he Packaged System shall relieve ANIS of all warranties and other
obligations provided for in this Agreement.
d. THE REPRESENTATIONS AND I)'ARRANT[ES SET FORTEI IN 5UBPARAGRAPIIS a., b., AND c. ARE LXCLUSIVF. AND IN
LIEU OF, AND LICE NSLE IiLREBY WAIVES, ALL O11ILR, RtPRESENTAI IONS, WAR RAN FIE S, GUARANTEES, AND OBLIGATIONS OF
AMS, EXPRESS OR IMPLIED, ARISING BY LAIVOR OI FIE:RwISE, INCLUDING BUT NOTLI,NV IEDTO ANY 11IPLIIDIVARRANTIESOF
MERCHANFABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED wARRANIY ARISING FROM USAGE OF
TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. EXCEPF AS SPECIFICALLY PROVIDED IN' SUBPARAGRAPHS a.,
b„ AND c., ANTS 511ALL HAVE NO RESPONS161LITY FOR 111E ABILITY OF IACENSH, TO USE THE'. PACKAGED S}SILM OR ANY
RELATED,XSATERIALS AND SERVICES PROVIDED BY AN1S.
5. Remedies and Limitation on Liability
a. AMS and Licensee agree that Licensee's remedies, and AN1S' liability to Licensee, for breach of contract
including breach of warranty, for any tort (including negligence and strict liability), and for any other claim arising
in connection with the Packaged System and related materials and services furnished under this Agreement, shall
be as follows:
(i) The sole obligation of AMS with respect to a breach of any representation, warranty or obligation
hereunder shall be to correct such breach.
(ii) Because it is understood and agreed by and between the parties hereto [hat (1) the fees to be received
by ANTS hereunder are bated solely on the value of the right
h 10 use the Packaged Scstrm granted to Licensee
ereunder, and (2) from the nature of the intended use, it is impracticable and extremeh• difficult to fix the
actual damages, if anv, which mat' proximate]' result from any failures in connection therewith, it is therefore
further agreed that in the event anv liabilitc is imposed on A\IS for anv reason ,chatsoeter, the aggregate
amounts payable by ANTS by reason thereof hall not exceed the aggregate anurrmt of fees theretofore received
byA'xiS hereunder tt ith respect to the portion of the Packaged System or services fait ing rise to such liability.
b. TIFF RL\1LD[IS PROVIDI DIN l lily ['ARAGRAPH 5. SLIAI L BE LIC ENSLES SOL F AM) E.xCI.USI\ E RL%IED[ES FOR ANY
AND AI.L CLAI\1S AGAL\5 r ANTS AX:InIXG IA (-ONNI CTION MI)i I lli5 AGRFF\ILN 1, NIAFT OR SL'FFF.RFD BY [_ICF\SFE OR
ANY OIHFR PtRSO.N. 1y11E1111 R BASID ON CONTRACT OR TORT (INCLUDING NFGt K-;N( E AND SIRICI LIAwi.IIl"), AND
RE(; AItD[ ISS Uf II{6 FORA[ IN
lyl If ;ANl LEGAL OR FQUI rAK FF AC LION NIA! BF HRUL'GH T UNDLR NO C iRCUNIsFANCE5
SILV ANTS B1 II.\BLF FOR INDImCT, CONSIQL`LNI1:\L S,P!CIA[ OR Fxli\f['L.ARY U.\\I:\GES (F%,FN IF ANIS HAS BFFN
ADyISID OL I111: IVY ifiILITY OF SUCH D VAI VGFS), SCCII AS BUI NOT LIMITED TO LOSS OF REV'INI-1 OR AN7ICI11A7FD
PtiC'1I' LUtiIBUS:N:s,O::JTl::RD,1.I\(AJN(,)NttCIIONI\TIIf TFiFPROV'ISIONOFSERV'[ILS(IRLICLNSIF'SUSEOFTHE
I ICI \SL c)k A\1 SI RV1CFS I'ROyIf~LD FOR IN i11I5 A(IRF F%HNI
6. Title and Interests in the Packaged System
a. ANIS shall retain title to the Packaged S) stem, all rights of Licensee [hereto being expressly limited to the
license granted hereunder. In the event of termination of the license granted hereunder for any reason, AXIS shall
be entitled to immediate possession of and all rights and interest in and to the Packaged System and related
materials supplied to Licensee. Without in any way limiting the generality of the foregoing, upon such termination
Licensee shall, within five (5) business days follotying the date of termination thereof, deliver to AXIS the original
and all copies of the Packaged System and such related materials, and all notes concerning and reproductions of
and relating to the Packaged System. In lieu of such return, ANTS may, at its sole option, request in writing that
Licensee destroy the original and all copies of the Packaged System and all such materials, notes and reproductions
and that Licensee present to AMS evidence of such destruction satisfactory to AXIS.
b. Licensee agrees that Enhancements shall be the exclusive property of AXIS.
7, Nondisclosure
a. Licensee understands and acknowledges that the Packaged System and related materials are proprietary to
AMS and have been provided to Licensee for use exdusi%sly in accordance with the terms and conditions of this
Agreement. Licensee agrees to hold the Packaged System and related materials in trust and confidence and not to
disclose all or any portion of them to any person other than Licensee's agents, employees and consultants, and
then only on an "as needed" basis in connection with use of the Packaged System and in accordance with the terms
and conditions of this Agreement,
b. Licensee shall take all reasonable steps (including, without limitation, those steps Licensee takes to protect
its own data or other properly it considers proprietary or confidential), hoth during and after the term of this
Agreement, to protect the confidentiality of the Packaged System, to prevent the Packaged System from entering
the public domain and to insure that the Packaged System is not, in whole or in part, disclosed to or by, or
duplicated other than by or for those persons permitted to use the Packaged System as expressly provided herein.
c. In the event Licensee makes any unauthorized use of the Packaged System, including without limitation
unauthorized disclosure to third parties, AXIS shall have the right, at its option and \vithout prejudice to eny other
rights or remedies of AMS, to terminals this Agreement immediately upon written notice to Licensee.
d. Notwithstanding the foregoing Licensee shall have no liability, toAMSnithrespect to the disclosureandfor
use of any proprietary information of AMS which Licensee can establish to:
(i) have become publicly known without breach of this Agreement by Licensee; or
(ii) have been known by Licensee, without any obligation to keep it confidential, prior to disclosure of
such information by ANTS or Licensee, as evidenced by written documents prepared or received by Licensee
prior to disclosure by AMS; or
(iii) have been received `a good faith by Licensee from a third party without any obligation to keep it
confidential,
8. Permission to Copy or Modify the Packaged System
a. Except for the manuals listed in paragraphs ] and 4. of Exhibit A, which may be copied for the personal use
of Licensee but not for distribution, Licensee shall not copy, in whole or in part, any computer software
components or any other materials which are provided by ANIS in printed form under this Agreement. Any,
computer software components or other materials which are provided by ANIS in machine readable form may be
copied, in whoh! or -n part, in printed or machine readable form, for use by Licensee on the designated computers
at the single location specified in Exhibit A, for archive or emergency restart purposes, to replace a worn copy; to
understand the contents of such machine readable material, or to modify the Packaged System as provided below;
r
provided, however, that no more than fine (5) printed copies and five machine readable copies will be in
existence under an}' lia°nsr at a ny one time without the prior written consent of AMS. The original, and any copies
of the Packaged System and other materials, in whole or in part, which are made hereunder shall be the property of
AMS,
b. Licensee may modify, the Packaged System and other material, in machine readable form, for its own use
and merge it into other material to form an updated work, provided that, upon termination of the license for
the Packaged System, the Packaged System and other material furnished by AMS will be completely removed
from the updated work and dealt with under this Agreement as if permission to modify had never been granted.
Any, portion of the Packaged System or other material included in an updated work shall be used only on the
designated computers at the single location specified in Exhibit A, and shall remain subject to all other terms of the
Agreement. Licensee agrees to reproduce a nd include AMS' copyright notice on any copies, in whole or in part, in
any form, including partial copies in modifications, of the Packaged System or other material made hereunder in
accord with the copyright instructions to be provided by AM').
9. Continuation of Obl+gation
In the event of termination of this Agreement for any reason, such termination shall not relieve any party
hereto of its obligations to observe, keep a nd perform full all covenants, terms a nd conditions herein contained on
its part to be observed, kept or perfor coed prior or s,rbseyuent to the date of termination, and specifically, but not by
u%,IV of limitation, shaft not relieve 1.icP11se`e of it, obligations to keep the Packaged System confidential, and to
deliver the Packaged System and other materials to AMS, as provided in paragraphs 6. and 7. hereof.
10. Severability
Should any provision of this Agreemautit contravene any law or valid regulation of any regulatory agency or
self-regulatory body, having jurisd iction over either party, hereto, or should any provision otherwise be held invalid
or unenforceable by a court or other body, of conil:-tent jurisdiction, then each such provision shall be auto-
matically terminated and performance thereof tbv both parties waived; provided, however, that should such
provision reasonably be c nsidered by either party to be an essential element of this Agreement, and the partiesbe
unable to agree upon the terms of such alternative provision within ninety (90) days following the contravening
provision's termination, then this Agreement may be terminated in its entirely at the Option of the party reasonably
considering such contravening provision to be an essential element of this Agreement, which termination shall be
effective upon the giving of notice thereof to the other party.
11. Assignment and Sublicensing t
Licensee shall not, directly or indirectiy, sell, transfer, sublicense, assign in whole or in part, convey, pledge, I{
encumber or otherwise dispose of this Agreement, the Packaged System, or any right, duty or license granted
hereunder, without the prior express written consent of AMS.
12. Successor and Assigns
The covenants and conditions herein contained shall, subject to the provisions as to assignment, apply to and
bind the successors and assigns of the parties hereto.
13. Waiver
The wai ver or modifica tion by any party hereto of any term or condition hereof shall not void, waive or modify
any other term or condition hereof, The failure of any party to insist, in any one or more instances, upon the
performance of any term of this Agreement shall not be construed as a waiver or relinquis:iment of such par!y's
right to such performance or to future performance of such term.
14. Notices
All notices and other communications hereunder shall be in evriting and shall be personally delivered or
mailed by first-class mail postage prepaid, to the parties at their respective addresses set forth above, subject to the `
right of any party to change its address by ten (10) days' prior written notice to the other party. If such notice is !i
mailed, it shall be deemed to have been given on the second (2nd) business day following the date of mailing.
15. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, as
such laws are applied to contracts between Delaware residents entered into and to be performed entirely within
Delaware.
%
16, Entire Agreement
This writing constitutes the final expression of the parties' agreement regarding the Packaged System and is a
a+mpleteand eiclusivestat.mentof the termsof thatagreementand shall not be modifiedorrescinded, except bya
~%riling signed by each party hereto. Notwithstanding an provisions to the contrary in any subordinate docu-
ments or elsewhere, no provisions of any subordinate document or oral statements of ANTS representatives which
are in addition to or inconsistent twith or othenyise vary this Agreement shall be binding upon ANTS unless
e\presslyagreed to in writing bya corporate officer of AMS, which writing specifically refers to this Agreement and
states that it is intended to amend, modify or terminate this Agreement.
17. Exhibit
E~izibit A attached hereto is made a pert of this Agreement as if fulh, included in the teNt hereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
198/_, by their respective dully authorized representatives.
_ AMERICAN NIANAGEMENT SYSTEMS, INC.
ICENSEE) ANIS") (LICENSOR)
I
By: By: f Uttq -
J . ~ AV
(Name and Title) (Name and Title)
IN-2
' EXHIBIT A '
TO
AMERICAN MANALEMENT SYSTEMS, INC.
Proprietary Software Term License and
Maintenance Agreement
1. AMS shall grant to Licensee a license to use the following computer software components:
Local Government Financial System (LGFS) Plus Version
IBM On-Line Option Under CICS ,k
Fixed k_sets Option
Performance Measurement Option
as specified in the following manuals:
LGFS Plus Procedures Manual
and as modified by Enhancements. `
2. For installation at the following location:
City of Denton Computer Center
Denton, Texas
on the following computer(s): (manufacturer, model, serial number):
IBM 4330 - serial number to be specified
or, in the event of failure of the designated computers at the above location, temporarily on the following
computer(s) at the following location:
to be specified
Licensee ag;ees to notify AMS of any changes In the designated computers during the year within thirty (30)
days after the end of such year.
3. Pun a license fee of y 1 50 s 000 fur the initial license term and fora license renewal fee of hco (2) percent of the
Irccrna Ice fl r the initial license tarns for each full reneticat term. The terms of p,tvment are as fottows:
30% upon signing Contract and delivery of Management Guide, Procedures Guide,
Operations Guide, and Data Entry Guide
50% upon delivery of packaged system and installation guide
20% thirty (30) days efter delivery
4. Together with the following additional documentation:
LGFS Plus Management Guide
LGFS Plus Operations Guide
LGFS Plus Data Entry Guide
GFS Language Reference Manual
Additional copies of these manuals may be purchased from AMS at its standard rates.
5. Together with training, assistance and support in using the Packaged System as follows:
Fifty-eight (58) staff days AMS installation assistance
Licensee will pay AMS for all associated travel, subsistence, and otherexpenses at cost. All additional training,
assistance and support shall be provided by AMS on a time and materials basis at AMS' . andard rates.
Agreea to and initialed for identification by:
(Licensee) / (Licensor)
c +
ADDENDUM TO
PROPRIETARY SOFTWARE TERM LICENSE AND MAINTENANCE AGREEMENT
I
This Addendum made by and between the City of Denton, County of Denton,
a political subdivision of the State of Texas, Municipal Building, Denton,
Texas 76201, hereinafter referred to as Denton, and American Management
Systems, Incorporated, a Dr:laware corporation, with principal place of
bufl iies,> at 1515 W;lsou 6vuievara, mrlington, Virginia 22209, hereinafter
referred to as AMS.
RECITAL
Denton and AMS entered into a Proprietary Software Term License and
Maintenance Agreement on the _th day of May, 1981, (hereinafter referred
to as the Agreement), references to the Agreement being hereby made.
IN CONSIDERATION of the aforementioned Agreement, the parties hereto
agree to add the following precisions:
1. Maintenance Services. Paragraph 2a of the Agreement shall be amended to
read as follows:
AMS shall provide the maintenance services described in subparagraph 2c
of the Agreement for a period of twelve months (the "Initial Maintenance
Period") beginning on 11 1982 without additional charge to
Licensee.
2. Maintenance Services. Paragraph 2d of the Agreement shall be amended to
read as follows:
Suspected error conditions will be investigated and corrected by AMS
personnel at AMS's offices to the extent possible. However, to the
extent that Licensor must travel to Licensee's facilities to investigate
reported errors Licensor and Licensee agree as follows:
A. Licensor personnel shall examine said reported errors and give
Licensee a written description of the error, cause and correction.
'B. If the suspected error condition was attributable to a cause other
than an error of the Licensed Software or an enhancement thereto
provided by Licensor, then Licensee shall pay Licensor for travel
and personnel expenses on a time aro materials basis.
fis
C. If the suspected error condition was attributable to an error in the .
Licensed Software or an enhancement provided thereto by Licensor,
Licensee shall not be obligated to pay any travel or personnel
expenses beyond the ongoing maintenance services then in effect.
3. Governing Law. Paragraph 15 of the Agreement shall be amended to read
as follows:
This agreement shall be governed by and construed in accordance with the
laws of Lhe State of Texas, and the venue of any dispute shall be Denton
County, Texas.
4. Payment Schedule. Licensee agrees to pay for the packaged system in the
following manner:
ESTIMATED
AMOUNT DATE
A. Execution of a Contract & Delivery of $15,000 05/12/81
Management Guide, Procedures Manual,
Operations Guide, and Data Entry Guide
B. Delivery of Code Structure and Options $15,000 02101182
Paper
C. Installation of GFS and Completion of $35,625 04/01/82
Best Test
0. Installation of LGFS Plus and Licensed $35,625 04/15/82
Software Operational
E. Delivery of LGFS Manuals and Completion $15,000 06/01/82
of Formal Training
F. Completion of first monthly Closing or $339750 07/15/82
45 days of operation without major
failure of packaged system
G. AMS Travel Expenses will be filed each As Incurred
month as incurred.
5. Price Adjustment. If at the date AMS invoices Licensee for packaged
system the established price for the Packaged System shall be lower than
the prices for such Packaged System listed on Exhibit A, then Licensee
shall have the benefit of such lower prices. AMS agrees to promptly
notify Licensee of all such price changes.
6. Implementation of AMS Licensed Software. Subject to the terms of this
section, AMS agrees to supply the required resources to aid and assist
Denton in the implementation of the Packaged System acquired under this
Agreement.
t n / i
r
A. AMS understands and agrees that Mr. William McNary, Finance
Director, City of Denton, shall be the Denton Project Manager for
this Agreement. HowEver, Mr. McNary does not have the authority to
bind Denton without specific authorizations of the City of Denton.
(1) Denton will review each deliverable provided under this
Agreement and either accept the deliverable in writing, which
acceptance shall not unreasonably be withheld, or cite Vie
deficiencies to AMS in writing within ten (10) working days
following delivery to Denton of said deliverable.
(2) AMS agrees and understands that the Denton Project Manager
shall be in complete control of this Agreement for Denton.
8. AMS understands and agrees that Denton has retained the advisory
services of LWFW, Inc. (Dallas, Texas) to aid and assist in the
implementation of the Packaged System acquired under this Agreement.
C. Both formal and informal project management procedures will be
followed by AMS and Denton to maintain high standards of performance
and quality in the development and implementation of the system.
Informal procedures include day-today contacts, verbal briefings, /
and the like. Formal project management reporting procedures will
include participation in monthly status meetings with the project
team and monthly project status reports ti, writing. Progress
reports will contain but not necessarily be limited to the
following:
(1) Progress during the past reporting period including significant
accomplishments and/or milestones reached.
(2) Problems encountered, scheduled tasks not completed and
solutions arrived at or recommended.
(3) Anticipated progress for the next reporting period.
(4) Anticipated problems and solutions to such problems.
(5) Disposition of any actions requested to be taken by Denton.
(6) An updated project schedule reflecting progress to date.
D. In the event of schedule olippages caused solely by AMS, AMS will
take all actions within its control necessary to bring the project
back onto schedule. These actions include but are not limited to
evening, weekend and holiday work and allocation of additional statf
at no additional cost to Denton. Schedule slippages caused by
t
others will relieve AMS of the obligation to maintain the schedule
set forth in (E) below.
E. AMS will complete the AMS project tasks no later than the date shown
on the schedule below. The timely completion of Denton and LWFW
tasks is required to maintain this schedule. Some of these key
project dependencies are shown wiiIh the responsible party (if other
than AMS):
DATE
(1) Execution of Contract (Denton) 05/12/81
(2) Finalize Decisions on Attributes and 02/01/82
System Options (Denton)
(3) Installation of GFS and Completion of 04/01/82
Best Test
(4) Installation of LGFS Plus, making 04/15/82
licensed software operational
(5) Complete loading of LGFS tables and 05/01/82
option: (Denton)
(6) Complete first monthly closing (Denton) 07/15/82
F. AMS has supplied Exhibit 8 as a Resuurce Utilization projection as a
planning guide for future uses of Denton's computer system.
G. AMS agrees to provide to Denton the following reports:
(1) AMS Project Plan.
(2) Description of attributes and system optiol.s to be used.
(3) Monthly status reports (as described in 5c above).
7. Warra n AMS warrants that the Packaged System licensed under this
Agreement will operate on the computer hardware being acquired by Denton
and recommended by AMS.
A. LGFS Plus (Packaged System described in Exhibit A) )as been designed
and developed to be an on-line interactive system. When LGFS is
operating alone on the hardware configuration detailed below with
he load specified in the Denton December 24, 1980 Request for
Proposal, two-thirds of the error-free transactions should be ,
processed within three seconds response time.
I
(1) Hardware Configuration. IBM 4331 Model I Computer.
uantit Machine Type Model Description
1 4331 JO1 1 Million Byte Processor
1 3278 A02 Display Console
1 3203 005 Printer (1200 LPM)
1 3310 A01 Disk Storage Or-ve (64 MB)
1 3370 A01 Disk Storage Drive (571 MB)
1 8809 A01 Magnetic Tape Unit
1 8809 602 Magnetic Tape Unit
30 3278 002 Display Stations
3 3287 002 Printers (120 cps)
1 96-Colurin Multi-Function
Card Unit
(2) System Software and Utilities:
DOS/VSE Operating System
VSE IPO/I-DC
DOS/VS Advanced Functions
VSE Power
IPF
IPCS
DITTO
CICS/DOS/VS
COBOL Compiler
RPG II Compiler
'Sort/Merge
VTAM-ES
ICCF
CA-EARL
CA-DYNAM/D
CA-DRIVER
VSAM/Space Manager
Fast Copy
VSAM
PL1 rransient Library
PL1 Optimizing Compiler
B. AMS hereby agrees that the individuals listed in Exhibit C, barring
their resignation, disability or death, will be available for
performance of this agreement.
(1) AMS may sut3titute c',her personnel of equal or greater
qualifications upon approval of the Denton Project Manager,
which approval may not be unreasonably withheld.
r
(2) In the event of unsatisfactory performance or inappropriate '
conduct of any AMS employee or agent, the Denton Project
Manager shall promptly notify AMS. Upon such notification AMS
shall show cause why such employee or agent should not be
reassigned by AMS to a non-OehLon activity.
C. AMS hereby grants Denton the right to modify the source code for
those modules which generate reports without prior consent of AMS
and without voiding the warranties and maintenance services for the
remainder of the software license.
D. Denton as a licensee of the Packaged Software acquired hereunder
shall be eligible to join the AMS LGFS Users' Group.
8. Maintenance Log. AMS will send a copy of their customer service log
(Denton's section only) to Denton at least bi-weekly.
9. Conflict with License Agreement. If any ambiguity or conflict arises in
the interpretation or analysis of this Addendum and the Proprietary
Software Term License and Maintenance Agreement, this Addendum shall
prevail.
FARq I I
IN WITNESS WHEREOF, the parties hereto have executed this Addendum as of
the /aS th day of May, 1981, by their respective duly authorized
representatives.
CI7 AMERICAN MANAGEMENT SYSTEMS, INC.
CITY OF DENTON
Chris Hartung, City Manager
Name and Ti- tl
ATTEST:
APPROVED AS TO FORM:
4CTabyilo, City Attorney
DATE:.CYOCV 1981
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EXHIBIT C
I
John K. Shaw, Jr. Project Manager
Ray aaunders
Mary W. Stevens ,
David K. Albert
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R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF TAE CITY GF DENTON,
TEXAS:
SECTION I.s
Pursuant to Section 6.02 (c) of the Charter of the
City of Denton, Texas, the City Council hereby authorizes
the City Attorney to appoint JOE D. MORRIS as an Assistant tit
City Attorney for the City of Denton, Texas.
SECTION II.}
This resolution shall become effective from and
after its date of passage.
le"
PASSED AND APPROVED this the 5th day of May, 1981,
I STE Y T, MAWRV
CIT OF NTON, TEXAS
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ATTEST'
OL CITY SECRETt~RY'
DENTON, TE XAS
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APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS„
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R E S G L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON,
TEXAS:
SECTION I.
Pursuant to Section 6.02 (c) of the Charter of the
City of Denton, Texas, the City Council hereby authorizes ;a.
7 I
the City Attorney to appoint Robert Bryan Hunter as an
Assistant City Attorney for the City of Denton, Texas
upon his receipt of his license to practice law in the
State of Texas.
y SECTION II.
a
' The City Attorney is hereby authorised to employ
Robert Bryan Hunter as a law clerk in the office of the
City Attorney pending his receipt of his license to
practice law in the State of Texas at the beginning
II I~ I
salary of an Assistant City Attorney.'
SECTION III.
This Resolution shai3 become effective from and
}
after its date of passage,
PASSED AND APPROVED this the 5th day of May, 1981.
CI RD 0 TEW , M YOR
CIT OF Di TON, TEXAS
ATTES '
ik
,x PROOKS H T, CIS SECRET AY
"r
CITY OF DENTIN, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
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R E S 0 L U T I O N
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WHEREAS, a majority of the CoLincil will be out of
the City of Denton on May 19, 19el, and it is necessary
` that the Council meeting for such date be canceled, NOW,
F' , e
' THEREFORE,
,f
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON G
TEXAS:
That the regular Council meeting to be held at 7:00
P.M. on the 19t,i day of May, 1981 is hereby canceled. n`
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PASSED AND APPROVED this the 5th day of May, 1981.
a
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4IA RS E MA 3OF P NTON, TEXAS
:
ATTES
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OOKS FIOLT, CITY 'SECEETARY
CITY OF DEN,rON, TEXAS
h
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
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INDEPENDENT CONTRACTOR'S AGREEMENT
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS: "g
C.OGNTY OF DENTON §
k
The City of Denton, Texas, a Municipal Nome Rule City situated
ra
in Denton County, Texas, hereinafter called "City", acting herein
by and through its City Manager, and Cengiz Capan, hereinafter
R called "Contractor", hereby mutually agree as follows:
1. SERVICES TO BE PERFORMED: City hereby retains Contractor 1h`<
to perform the hereinafter designated services and Contractor
agrees to perform the following services:
A. Water Rate Change.
B. Tax Maintenance.
a'1 C. Utility Maintenance.
2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay
'`?a Contractor for the services performed hereunder as follows: h,
A. Amount of Payment for Services:
y $25.00 per hour.
B. Dates of Payments :
One week after services are performed. It
3. FUPERVISION AND CONTROL BY CITY: It is mutually under-
stood and agreed by and between City and Contractor that Contractor'
a;
~s
is an independent Contractor and shall not be deemed to be or con-
sidered an employee of the City of Denton, Texas, for the purposes
of income tax, withholding, social security taxes, vacation or sick
leave benefits, or any other City employee benefit. The City shall
!;•f
not have sr.pervision and control of Contractor or any employee of
ar~
Contractor, but it is expressly understood that Contractor shall
t` perform the services hereunder at the direction of and to the
a`f satisfaction of the City Manager of the City of Denton or his
41
designee under this agreement.
4. SOURCE OF FUNDS, All payments to Contractor under this
agreement are to be paid by the City from fund: appropriated by
I
y^?} INDEPENDENT CONTRACTOR'S AGREEMENT PAGE 1
{~pE;xBv,tar ARC rs'Kr''1P~7r. r^lT>I,^^T "aFJF TX T.t~cca ,rvm
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ti i~ ro: t'~'p : rA~ f I' rf s r k~ `1 i 1 : v 1 ~ a V ,y r•
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the City Council for sucn 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/nr
y
supplies:
A. Computer Time.
B. Terminal Use. k,
C. Documenta..Lon.
6. INSURANCE: Contractor shall provide at his own cost and
expense workmen's compensation insurance, liability insurance, and
all other insurance necessary to protect Contractor in the operation
of Contractor's business.
s
7. CANCELLATION; City reserves the right to cancel this
xt~
,i Agreement at any time by giving Contractor thirty (30) days written.
notice of its intention to cancel this Agreement.
bra
8. TERM OF CONTRACT: This Agreement shall commence on the
8th day of May, 1981, and end after 115 hours.
EXECUTED this the L~A~day of May, 1981.
CITY OF DENTO EXAS
'J
BY
iCITY G '
ATTEST-
S
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C SE RE ARY
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
„ BY:
~
CONTRACZM
BY :
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That 11, B. Smith, Jr., is hereby desi noted a th erson to
administer the provisions of this agree
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DATE
INDEPENDENT CONTRACTOR'S AGREEMENT PAGE 2
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A~
AN ORDINANCE PROVIDING THAT ALL RIGHT, TITLE, AND INTEREST OF
THE CITY OF DENTON IN LAND HERETOFORE DEDICATED AS A PUBLIC
UTILITY EASEMENT BE VACATED AND ABANDONED; AND PROVIDING THAT
THIS ORDINANCE SHALL PPCOME EFFECTIVE IMMEDIATELY, i
r;
WHEREAS, the City Council of the City of Oenton, Texas, has c
been requested by the owners of adjoining property to vacate and
,t
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 opinion that the best interest and welfare 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:
'r
S
SECTION I, ti
That all right, title, and interest of the City of Denton,
9^.
Texas, in and to the following described public utility easement ~
R to-wit. i
All that certain parcel of land situated in the City and County
of Denton, Texas, betnq part of a 16.0 foot wide utility
easement along the north boundary line of Lot 2, Block 10 of
Southridge, an addition to the City of Denton, plat of which is ;
recorded in Volume 3, Page 51, Plat Recoids of Denton County,
and being more particularly described as follows:
COMMENCING at the southwest corner of said 16 foot wide
i°
easement on the west boundary line of sad Lot 2 and on the east'
right of way of Southridge Drive;
THENCE north 770 24' east with the south boundary lire of
said easement 74.66 feet to the place of beginning;
THENCE north 750 05' 26" east a distance of 59.83 feet to a
corner;
THENCE south 140 54' 34" east a distance of 5.45 feet to a
corner on the southwesterly line of said 16 foot wide easement;
Y
THENCE north 620 21' 00" west with the southwest line of said
easement 4.69 to an inner ell corner of said easement;
THENCE 'south 770 24' 00" west with a youth boundary line of
said easement 56.42 feet to the place of beginning, containing
in all 77.4160 square feet of land.
is hereby vacated, closed and permancitly abandoned as an
easement for public utilities.
P
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err .r~;• r r Wtp •i.y$,`~,t~!C~ V ^3r t '"'~A2J~ ..M' °^tf ,1 iJ ' .'~'i"r F~t, ~^1 r4 1
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SECTION II.
That the easements over that portion of 5sid tract of land
herein described are hereby abandoned and released and will
revert to the adjacent owner or owners as provided by law.
`s
SECTION III_
That portion of the p+-blic u=iIIt, easement herein
described being vacated, abandoned, and closed is made subject
to all exis'cing zoning regulations aY•9 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 passage, and it is so
ordained.
PASSED AND APPROVED by the City Council of the City of ~f
y7 Denton, Texas,.this the day of , 1981.w
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A ynCHYM5 U-. TEWA , AYOR
CITY OF DE TON, TEXAS ;t
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ATTEST: y
~'N
1i
xt
OOKS HOLT, CITY SECRETARY
CITY OF DENTON, TEXAS w'I
APPROVED AS TO LEGAL FORM
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY 'w
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AN ORDINANCE AMENDING THE 1980-81 BUDGET OF THE CITY OF DENTON,
TEXAS BY INCREASING THE GENERAL FUND ACCOUNT BY THE SUM OF M6,000; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: E'
H SECTION 1.;
The 1980-81 Budget of the City of Denton, Texas is hereby
' amended by increasing the General Fund Account by the sum of
t' $216,000 so that the General Fund account shall hereafter read
$10,3101764. `
s,
SECTION II.
This ordinance shall become effective from and after its
date of passage, and it is so ordained.
PASSED AND APPROVED this the L day of ay, 1981,
*1TOF qDiTONNj. TEXAS ;
ATTEST- ;R
B aSOL , CI Y SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY'
CITY OF DENTON, TEXAS f'
BY:
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NO. oo/- -150
AN ORDINANCE AMENDING THE
ZONING hiAP OF THE CITY OF DENTON, TEXAS,'
AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF
t THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP
APPLIES TO APPROXIMATELY 1.85 ACRES OF LAND, MORE OR LESS, OUT OF
THE S. C. HIRAMS SURVEY, ABSTRACT NO. 616, IN THE CITY OF DENTON, `
AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLAkING AN EFFECTIVE
DATE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION I.'
~Sf
The Zoning Classification and Use designation of the following,
described property, to-wit:
TRACT ONE: All that certain lot / tract, or
parcel of land lying
an eing situated in the City and County of Denton, State of
- Texas, and being part of the S. C. Hirams Survey, Abstract No. 616
and being a tract of land as conveyed from Lucy himbrell and
husband J. W. Kimbrcll to the City of Denton by deed dated May 19,
1933 and recorded in Volume 389, Page 587 of the Deed Records of
Denton County, 'texas, and more particularly described as follows:
BEGINNING at a the northwest corner of said tract, said point of°
r beginning lying in the east boundary line of said Hiram Survey and
also lying in the south boundary line of an 80 foot right of way
owned by Texas Power and Light Company;
THENCE west along the north boundary line of said tract, same
being the south boundary line of said 80 foot right of way a `
distance of 150 feet to a point for a corner;
THENCE south along the west boundary line of said tract a distance 3
of 150.0 feet to a point for a corner;
THENCE east along the south buondsry line of said tract a distance
of 150.0 feet to a point for a corner;
THENCE north along the east boundary line of said tract same being
the east boundary line of said Hiram Survey a distance of 150.0
feet to the place of beginning and containing 22,500 square feet
of land, more or less.
PROVIDED FURVAeR, that no curb cuts shall be permitted on the
above described tract of land.
And being the sama property conveyed by Warranty Deed dated August
190 1980 from the City of Denton to Dr. V. W. Redman, filed for
record October 1, 1980, under C1erL's File No. 23297, Deed
Records, Denton County, Texas. L
TRACT TWO. All that certain lot, tract, or parcel of land lying
an being situated in the S. C. Hirams Survey, Abstract No. 616
Denton County, Texas, and being part of a tract described in a
deed, recorded in Volume 626, Page 91, Deed Records of said
County, &nd being more particularly described as follows:
BEGINNING at a steel pin at the southwest corner of a tract
described in a Deed to the City of Denton, recorded in Volume 389, 4
Page S87, Deed Records;
Z-1488-RANDY FEUCHT-PAGE ONE
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THENCE south 880 50' 45" east 150.0 feet to a steel pin;
THENCE south 328.65 feet to a steel pin at the northeast corner of
a tract described in a deed to Stephen G. Knight, recorded in N,
Volume 684, Page 63, Deed Records;
THENCE north 880 36 101' west 9910 feet to the northwest corner
of spill Knight Tract;
j THENCE south 00 19' 15" east 175.0 feet to the southwest corner
of said Knight Tract on the north boundary line of Hopkins Drive;
THENCE north 890 04' west with the north boundary line of
Hopkins Drive 25.0 feet to a steel pin on the northeast right of
way of Dallas Drive;
THENCE north 470 53' 30" west with the northeast right of way of
Dallas Drive 70 feet to a corner; y,
THENCE north 420 06' 30" east 40.91 feet to a corner;
THENCE north 00 12' 45" east 426.54 feet to the place of
beginning, containing in all 1.335 acre of land, more or less.
And being the same property conveyed in a Warranty Deed dated
February 7, 1980 from R. L. Wallace and Hazel Marie Kimbrell ;t
Fredrick, Independent Executrix to the Estate of L. J. Wallace to a
V. W. Redman, filed for record February 13, 1980, under Clerk's
File No. 4240, Deed Records, Denton County, Texas.
y,
i' is hereby changed from Multi-Family 'IMF-111 and Agricultural "A"
Classification Use to Planned Development "PD" (for one family
t attached development) District Classification and Use under the
;.q Comprehensive Zoning Ordinance of the City of Denton, Texas 5y
subject to the following conditions and restrictions, to-wit:
1. A six (6) foot solid wooden fence shall be built as
indicated on th site plan, and maintained by the
property owners;
1•
2. Shields shall be placed on vapor lights to prevent
shining into windows of the Kniatt property;
3. No windows on the south side of the units nearest the
Kniatt property shall be permitted;
a` I
4. All trees on the site which can reasonably be
preserved shall be preserved;
5. Prior to development of the "future expansion"
indicated on the site plan, an alternate access must'
be provided for, the additional access shall be paved '1
with asphalt or concrete;
6. One detached name plate type sign shall be permitted;,
7. Any other requirements not addresed in the site plan
or conditions shall conform to the requirements of
the zoning ordinance. «
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. 69-1, be, and the
same is hereby amended to show such change in District
Classification and Use.
Z-1488-RANDY FEUCHT-PAGE TWO
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SECTION II. That the City Council of the City of Denton, Texas hereby
finds that such change is in accordance' with a comprehensive plan
for the purpose of promoting the general welfare of the City of
Denton, Texas, and with reasonable consideration, among other
things for the character of the district and for its peculiar
suitability or particular uses, and with a view to conserving the
value of *h.; bui'_diags, protecting human lives, and encouraging
the most appropriate uses of land for the maximum benefit to the
City of Denton, Texas, and its citizens.
'z?
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 ~ day of 1981.
5
0 STE M Y
V
CI Y OF D NTON, TEXAS
y ATTEST•
t.
0 T, CITY SECRET
',<J CITY OF DI.NWN, TEXAS
F,
APPROVED AS TO LEGAL FORM:
' C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY :
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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 DFNTON, TEXAS, BY ORDINANCE NO. 69-11
`
AND AS SAID MAP APPLIES TO APPROXIMATELY 1.95 ACRES OF LAND,
MORE OR LESS, OUT OF THE FRANCIS BATSON SURVEY, ABSTRACT NO.
43, IN THE CITY OF DENTON, AND MOPE PARTzCULARLY DESCRIBED
HEREIN; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY 07 DENTON, TEXAS, HEREBY ORDAINS:
'y
SECTION I.
The Zoning Classification and Use designation of the
following described prope ty, to-wit:
All. that certain lot, tract, or parcel of land lying and being
situated in the Francis Batson Survey, Abstract No. 43, being
part of a 1.857 acre trar.t conveyed to Jr Newton Ravzor by L.
W. Shafer, et al and recorded in Volume 500, Page 418 of the
Deed Records of Denton County, Texas, and being a part of a
tract of land deeded to J. Newton Ravzor by Fran): N. Hall, et
ux, and recorded in Volume 432, Page 646, of the said Deed Records, and being more particularly described as follows:
BEGINNING at a oint in Highway 380, (Old Highway t24)n attthelsouthrestacorner of LotSI
of the Sandy Addition, an addition to the City of Denton as
recorded in Volume 13, Page 47 of the Plat Records of Denton ~t
County, Texas;
{'I THENCE north with the west line of said Lot 1 of the Sandy
is Addition a distance of 250 feet to a point for a corner;
THENCE west parallel with the north line of said U. S. Highway
380 a distanc eof 340 feet to a point for a corner;
THENCE south parallel with the west line of said Lot 1 of the
Sand yy Addition a distance of 250 feet to a point for a corner
in th;: north right of way line of said U. S. Highway 380;
T11ENCE east with said ighway 380 right of way a distance of
r 340 feet to the place o beginning and containing 1.95 acres of
land, more or less.
is hereby changed from the Agricultural "A" District Classifi-
cation Use to General Retails "GR" 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
I 14tH day of January, 1969, as an Appendix to the Code of.
Ordinances of tho City of Denton, Texas under Ordinance No,
69-1, be, and tho same is hereby amended to shos. 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 general welfare of the
City of Denton, Texas, and with reasonable consideration, among
Z-1487-ANN POWELL-PA(E ONE
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other things for the character of the district and for its
peculiar suitability or particular uses, and with a view to i.
conserving the value of the buildings, protecting human lives,
and encouraging the most appropriate uses of land for the
maximum benefit to the City of Denton, Texas, and its citizens.
SECTION III,`..`
That this ordinance shall be in full force and effect
'0.
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 7ity of Denton, Texas,
after giving due notice thereof.
PASSED AND APPROVED this the day of f1 l/~ ~J Y,
i7t---
1981.
V ^4~ i
IC ARD 0. STEW , MAY
C I T OF D NTON, TEXASdi
ATTEST
S HOLT, CITY SECRETARY
a~
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM: f1
'y C. J. TAYLOR, JR., CITY ATTORNEY'
CITY OF DENTON, TEXAS ,
;r BY:
A
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Z-1487-ANN POWELL-PAGE TWO '
11 1-111 -All
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R E S O L U T I O N
WHEREAS, Article 1435a V.A.T.S. was enacted to permit
any two or more entities to enter into agreements for the
planning, financing, acquisition, construction, ownership,
operation, and maintenance of jointly owned and operated ,
i
electric facilities; and
WHEREAS, the Cities of Denton, Garland, Bryan and
Greenville elected to create the Texas Municipal Power Agency
s I
under Article 1435a V.A.T.S. in order to more readily
accomplish the purposes authorized by Article 1435a V.A.T.S.; 's
' and
WHEREAS, ec;i of the cities own an undivided interest in
the assets of Fur.h agency -nd are each obligated for its share r,l
of bond resercr:; and payments under outstanding bond resolutions
of the Agency; id A
t
WHEREAS, t'>> General Manager of the Texas Municipal Power ,
i, Agency has, without the knowledge or consent of each of the,
member Cities, proposed Ingislation altering one of the basic
if
provisions of Art.i.cle 1435a V.A.T.S. relating to the sale of
electric energy by the Agency] NOW, THEREFORE,
BE IT RESOLVED BY TH*: CITY COUNCIL OF THE CITY OF DENTON, TEXASs
r
SECTION Is
The City Council of the City of Denton, Texas opposes the
amendment of Article 1435a 4'.A.T.S. as proposed by the General
I,
Manager of the Texas Municipal Power Agency.
SECTION II.
w
The City Council of the City of Denton hereby request the
Board of Directors of Texas Municipal Power Agency to instruct
the General Manager of the Agency to immediately withdraw from
further consideration any amendment ::.o Article 1435a V.A.T.S.,
t
and to take no further action in rega.,A thereto without the
Sri
approval of the governing bodies of all of the member cities.
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SECTION III.
The City Manager is hereby instructed to forward a cop.,
of this resolution to the honorable Bob Glasgow, State Senator
E
and the Honorable Jim Horn, States"ep_esenl-ative with the
request that they oppose any ar.endment to Article 1435a V.A.T.S.
i
SECTION IV. k`
The City Manager is further instructed to forward a copy
v
of this resolution to the governing bodies of t;ie Cities of
r.,r.
t'-
Bryan,, Garland and Greenville, the Board of Directors of the
Texas Municipal Power Agency, and t;, the General Manager
thereof.
SECTION V. k
`g This resolution shall become effective from and after
its date of passage, and it is so ordained.
PASSED AND APPROVED this the 5th day of May, 1981.
I HA D 0 STEW T, MAYOR 11
e? CI OF DENTON, TEXAS F;
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tr:'
ATTEST y
ys~wr
B L, Y S .CRE Y
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY Pil
CITY OF DENTON, TEXAS
a
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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 43,561 ACRES OF LAND, MORE OR LESS, OUT
Or THE THOMAS LABOR SURVEY, ABSTRACT NO. 779, ANI N. BRITTON
5UR.'"LY0 ' JriTRACT NO. SID IN 5NB C1 fY OF DENTON, AND MORE.
PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. ;I
?1 THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
~;Y4 SECTION I.
The Zoning Classification and Use designation of the following
described property, to-wit:
All that certain !?..S61 acre tract, or parcel of land situated in
the Thomas Labor Survey, Abstract No. 779 and the N. Britton
Survey, Abstract No. 51, Denton County, Texas, being part of that
66.170 acre tract conveyed by W. J. Lamberth to Ross Forney by
deed recorded in Volume 661, Page 507 of the Denton County Deed
Records, this tract being more particularly described by metes and
bounds from a survey actually made on the ground under the
direction of Dewey Fields, Registered Public Surveyor No. 1565 as
follows: '
BEGINNING at a point for the southwest corner of this tract in the
west line of the Forney tract; said point lying north 020 22'
west 600 feet from the southwest corner of the Forney tract;
THENCE north 020 22' west 717.3 feet with the west line of the
Forney tract to an iron pin found at a corner fence post For a
salient west corner of this tract;
THENCE north 890 Ol' east 627.5 feet to a point for a west
re-entrant corner;
THENCE north 000 0,6' east 484.6 feet to a point for a northwest
corner;
THENCE south 890 S4' east 10.0 feet to a point for a point of
k; curvature in the west line of a proposed 90 foot roadway;
THENCE with a right breaking curve in the west line of said '
' proposed roadway having the following characteristics-central
angle 480 50' 01119 radius of 430.49 feet, tangent of 195.43 <
feet, arc length of 366.9 feet and a chord bearing north 240 31'
east 355.9 feet to a point for a point of reverse curvature in
said proposed roadway;
THENCE with a left breaking curve in said proposed roadway which
is partially existing and known locally as Montecito Drive having
the following characteristics- central angle 501) 291 4911, radius
of 445.0 feet, tangent of 209.86 feet, arc length of 392.2 feet
and a chord bearing north 250 11' 10" east 379.7 feet to a point
for a point of tangency of said curve;
THENCE north 000 94' west 108.7 feet to a point in the south
line of Ryan Road for the northwest corner of this tract;
THENCE north 890 S6' east 580.0 feet with the youth line of Ry,,.n
Road for the northeast corner of this tract;
Z-1489- BOB FRIESEN-PAGE ONE
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THENCE south 000 06' west 1100.0 feet to a point for eastern
southeast corner;
i
' THENCE south 890 01' west 165.0 feet to a point for east E
re-entrant corner;
THENCF south 020 11' 20" west 849.7 feet to a point for the
southern southeast corner of this tract;
1
THENCE south 880 22' west 1299.0 feet to the place of beginning,
` is hereby changed from Planned Development District Classification
Use to Planned Development "PD-22" District Classification and Use k
under the Comprehensive Zoning Ordinance of the City of Denton,
Texas subject to the following conditions and restrictions, to-grit:
1. Site plan approval is not granted to any type of
multi-family development that does not exclusively
serve elderly persons or which is designed for owner
occupancy;
2. The neighbc hood service retail uses in the
medical/dining facility shall strictly adhere to all
A provisions in the zoning ordinance relating to
, neighborhood service uses;
>!`i 3. Montecito Drive' shall be extended to the entrance on
j the south side of "Forest Ridge" concurrent with
development of any .dditional cluster or cottage
units or 1B or 1C of Crystal Lake Manor, and
Montecito Drive to entranco on south side of "Forest
Ridge" shall be under construction prior to occupancy
of IA of Crystal Lake Manor;
` 4. Parking is permitted as shown on the attached site
plan, however additional parking shall be required if
the amount on the site plan proves to be inadequate;
' S. A 90 soot wide right of way shall be dedicated by the
developers to provide for the extension of Montecito
Drive. Variations in the specific alignment of
u~ Montecito shall be permitted;
6. The 12 inch water line in Montecito shall be extended
concurrent with extension of Montecito Drive;
7. Extension of on-site utilities shall be sufficient to
serve all structures and allow easy access for future
development;
Rk
b' 8. The developers shall provide residential width
pavement on Montecito Road (34 feet). The city will
participate in any overwidth paving;
9. Appropriate prorata payment for access to lift
station at Denton West Mobile Home Park shall he made
prior to any additional construction;
10. Concurrent with construction of the medical center/
dining facility, Montecito Drive and 12 inch water
line shall be extended to south property line;
11. Concurrent with construction of cottage units south
of Crystal Lake Manor, Montecito Drive and 12 inch
water line shall be extended to south property line;
Z-1489- BOB FRIESEN-PAGE TWO
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12. Lump sum payment in lieu of extension of Montecito
Drive may be considered and accepted by the City
Council;
13. No increase in density shall be permitted without
amending this ordinance;
r
14. Minor variations in the placement of buildings shall
be permitted;
15. A minimum setback from Montecito Drive right of way
of 25 feet shall be required.
All as shown on the site plan attached hereto and made a
part hereof,
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. 69-1, 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
k'
finds that such ~-hange 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
,'sy things for the character of the district and for its peculiar
suitability or particular uses, and with a view to conserving the
value of the buildings, protecting human lives, and encouraging
the most appropriate uses of land fir the maximum benefit to the
City of Denton, Texas, and its citizens.
SECTION JII.
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.
n PASSED AND APPROVED this the day of 981.
%r<
i
D STEW , MA 0
IT OF DE TON, TEXAS
ATTEST' ~
yyy
T, ITY SE ET 3
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
v. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY: C1,43C
Z-1489- BOB PRIESEN-PACE THREE
1. "71
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No.
AN ORDINANCE GRANTING
ZONING NIAP OF THE CITY OrSDENTON, TXASPFAs SAME, WAS AD PTEDIAS
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AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON,
TEXAS, BY ORDINANCE N0, 69-1 AND
, AS SAID MAP APPLIES TO
APPROXIMATELY 13.712 ACRES OF L.aND, AND BEING KNOWN AS 7800
BLOCK OF FORT WORHI DRIVE AS SHO WN ON THI? TAX RECORDS OF THE
i~ CrT'Y r}F Iln ;TDN, TEXAS; AND DECLARING AN BFFECTIVI3 DATE.
11113 COUNCIL OF THE CITY OF DENTON, TEXAS, HERPH ORDAINS:
SECTION I,,
The Zoning Classification and Use designation of the
following described property, to-wit:
\
Approximately 33,712 acres of land, more or less also
known as 2900 Fort Worth Drive as shown on the Tax `
Records of the City of Denton, Texas situated In the
City of Denton, Derlton County, Texas;
which is classified as Light Industrial 111,1" District
Classification (Ise under the Comprehensive Zoning Ordinance of
the City of DrnCon, Texas is hereby changed and a Specific Us-
Permit is hereby granted for the vise of said 'I1
additional moialle home park development, subjectpetoy the
following special conditions and restiA'.ctions, to-wit:
1. M.)bile home park wilt be d8veloped in accordance i
with all of the require:nent:~ in the mobile home
park and travel trailer park ordinance.
In addition to all uses authorized in a Light Industrial "1,I"
District. The development of the property shall be 1n
substantial compliance with the site plan attached hereto and
made a part hereof for all purposes,
y
The Zoning Map of the City of Denton, Texas, adopted the
14th day of January, IP69, as an Appendix to the Code of V
Ordinances of the City of Denton, Texas under Ordinance No.
69-1, be, and the same is hereby amended to show such change in
District Classification and Use.
SECTION II."
~hS
That the City Council of khe City of Denton, Texas hereby
finds that such change is in accordance with a comprehensive ;
plan for the purpose of promoting the general welfare of the
City of Denton, Texas, and with reasonable consideration among
other things for the character of the district and ?or its
peculiar suitability or x>'
particular uses, and with a view to
conserving the value of the buildings, protecting human lives,
and encouraging the most appropriate uses of land for the
maximum benefit to the City of Denton, Texas, and its citizens,
s
SECTION III.
That this ordinance shall be in full force and effect
immediately after its passage and approval, the required publir
hearings having heretofore been held by the Planning and Znr'1n,,
Commission and the City Council of the City of Denton, Tl'vjl;
after giving due notice thereof.
S-154-GARY W. 11ULSTEIN-PAG13 ONR
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ii PASSED AND APPROVED this the .~z day of
A. D. 1981, -
C i T1 OF DJ: TON, TEXAS
ATTEST.
kL S L , E 7 ~4
CITY OF DENTON, TEXAS k ~I
APPROVED AS TO LEGAL FORM: ~
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
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INDEPENDENT CONTRACTOR'S AGREEMENT
THE STATE OF TLXAS §
SNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
The City of Denton, Texas, a Mun9r-iDal Nome Ruln Cttv situated
in Denton County, Texas, hereinafter called "City", acting herein r,
T7
by and through its City Manager, and Milt Norton, hereinafter called
a
"Contractor", hereby mutually agree as follows:,
1. SERVICES TO BE PERFORIIED: City hereby retains Contractor
to perform the hereinafter designated services and Contractor
agrees to perform the following services
A. Technical and Software Support.
2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay?
Contractor for the services performed hereunder as follows: Ilk
A. Amount of Payment for Services:
$35.00 per hour.
B. Dates of Payments :
One week after services performed. ff,;
3, SUPERVISION AND CONTROL Bli CITY: It is mutually under-
f¢~Jt
stood and agreed by and between City and Contractor that Contractor
r.
is an independent Contractor and shall not be deemed to be c7: con-
sidered an employee of t},e City of Denton, Texas, for tho uur.,,os^.s
of income tax, withholding, social security taxes, vacation or sick
leave benefits, or any other City e,tiployee benefit. The City shall
rh
not have supervision and control of Contractor or any employee of A
R
Contractor, but it is expressly understood that Contractor shall
t
perform the services hereunder at the 4irection of and to the s3
eatiefaction of the City ,`tanager of the City of Denton or his
designee under this agreement.
't
41 SOURCE OF FUNDS: All payments to Contractor under this
agreement are to be paid by the Cit i..'a fund s an-,r p.riated by
the City Council for such purposes in the Fud.gct o'. tlin City of
Denton.
INDEPENDENT CONTRACTOR'S PGREEMENT - PAGE 1
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5. INSURANCE; Contractor shall provide at his own cost and
expense workril compensation insurance, liability insurance, and
all other insurance necessary to protect Contractor in the operation
of Contractor's business.
6. CANCELLATION: City reserves the right to cancel this
Agreement at and : ims 1)y gi•; my Contractor thirty (30; dictys wr'_tteu
notice of its intention to cancel this Agreement.
4
7. TERM OF CONTRACT: This Agreement shall commence on the
15th day of May, 1981, and end after 85 hours.
EXECUTED this the day of May, 1981.
CITY OF DENTON, TEXAS
BY
CITY MANAGER
ATTEST:
Oil
CITY SEC EPA
1 ~
4
APPROVED AS TO LEGAL FORM :
C. J. TAYLOR, JR., CITY AT'T'ORNEY
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BY tell
CONTRA T
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BY : 1
That D. B. Smith, Jr., is hereby designated as the person to
administer the provisions of this Agreemirl }
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DATE
i
INDEPENDENT CONTRACTOR'S AGREEMEN'_ - PAGE 2
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T•1 Owner Policy-form Prescribed by State Eloard of Ineuranre of Texas- Reused 7-11936. ' r
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'F # B-7481 ~ 1` e
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f t q r, l' A It A N -r 1' f' ,I 1' .1 N 1'
STEWART TITLE GUARANTY COMPANY, a Texas corporation, hereinafter called the Company, for value does herel,y
f ,
} guarantee to the Insured (a~ herein defined) that as of the date hereof, the Insured has good and indefeasible title to the
estate or interest in the land described or referred to in this pnfrcy.
r The Company ;hall not he liable in a greater amount than the actual monetary foss of the Insured, and in un ?vent shall
the Company be liable for more than the amount shown in Schedule A, hereof, and shall, except as hereinafter stated, at its
own cost defend thr Insured in every action or proceeding on any claim, against, or right to she estate or interest in the land,
r or any part thereof, adverse to the title to the estate or interest in tho land as hereb
> net be required to defenrl aq ainst an hereby guaranteed, but the Company sha,l
l
y g any claims based upon matters in any manner exugsled undr,r tt is policy by the excepI I
t lions in Scherule C hoicof or excluded by Pdragraph 7, " Fxclus ons from Covrragp of this Policy'', of the Conditions and r
Stipulations he.rcof. TLe party or parties enlitb:rf to such defame shall within a ipssnnal+!o teue after flip comrnehcement
of such action or prsceeding, and in ample time for defense 0wrom, give the CorpanY wutten notice of the pendency of
r the action or proceedirg, and authority to defend. The Company shall not be liable until such adverse interest, claim, or
• right shall have been held valid by a court of last resort to which either litigant m,ay apply, and if such advert: interest,
claim, or right so estabtiched shall be for les, than the whole of the estate or interest in the land, thon the liability of the
Company shall be only such part of the whole liability limited above as shall bear the. same ratio to the whole liability that
the adverse interest, claim or right established may bear to the whote estate or ioterest in the land, such ratio to be bases)
' on respective values datenmirnahle as of the date of this policy. In the absence of notice as aforesaid, the Company is to,
3 lieved from all liability with respect to any such interest, claim or right; provided, however, that fa lure to notify shall not r
prejudice the rights of the Insured if such Insured shall not be a party to such action or proceeding, nor be served with pro
cess therein, nor have any knowledge thereof, not in any case, unless the Company shag he actually prejudiced by such
failure.
,
I '
Upon sale of the estate or interest in the land, this policy automatically thereupon shall become a warrantors policy
and the Insured shall for a period of lwenly-five years from the date hereof remain fully protected according to the terms
hereof, by reason of the payment of aiy toss, he, they or it may sustain on account of any warranty of title contained in the
transfer or conveyance executed by the Insured conveying the estate or interest in the land, The Company sh.tll tic hab!e
under said warranty only by reason of defects, liens or encumbrances existing prior to or at the date hereof and not excluded
either by the exceptions or by the Conditions and Stipulations hereof, such liability not to exceed the amount of this policy.
r
IN WITNESS HEREOF, the STEWART TITLE GUARANTY COMPANY hrs caused this policy to be executed by its
Chairman and President under the seal of the Company, but this policy is to be valid only when it bears an authorized
countersignature, a; of the date set forth 'n Schedule A.
r
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4 T I', MA It '1' '111 'I'1, l
' 0V A A!Y TT P(IH PA NT
e"
Chairman of the Beard President
Cc,intersrgned 1 ! ~Or>a~~,
STEWAR TITLE OF DENTON COUNTY, INC.{rN;RlfJf9,
0 1425,81 ti
681 Mall, w. 7 1001 -
GENERAL CONDIT)OrVS AND STIPULATIONS '
1. Definitions r
Insured were a purchaser for value without knowledge;
1'he following turrr,s when used in this policy mean: nr the homestead or community property or survivorship
(a) "land": the land d,:scrnbed, speciIrearJy or by rights, rf any, of any spouse of any Insured.
reference,, in Srhedulr A, and mfrruvem,~nts affixed thereto
which by law ronstitutc real piopo;rly.
(b) "public rrtords" Th(,u+ rrrords which rmrart 3. Defense of Actions
(a) In all cases where this policy provides for the defense
constru,rrur rolwc ut rrr,rtrer; i,.l,ihnil to the land, of any action or proceeding, the Insured shall secure to the
fr.) , knr,%+le lgn Aclunl i novvlerlq,', not constnreliVe
knowlnd~r' or n,-otho: eoh~, h may be, rinpuu•d to the Insured ptCoompany the Hybl al so provide defense in such action or
by rrasr,n of any "utibc records crling, and a l p? alstherein, and permit it to use, at
{dl "date,' the o lfectwz dare, in cludrrl l lwur if specrf,erl, etvrrrtrcqucsterl name of the Insured far such purpose. veh he en.
lei "rnsurcrl": The Insumrl named in ,S'rhertuh: A and, Compay 1 ;,y the Company, the Insured shall give the
subject lu airy rirjhls or dr;fen~,r,s lire Cunipany nay have in effeclaiyreasettttlernent! secrur rgh evidence. obtaining
ba,f altainst trio, nannsl Insured nr any p,lrsun or rnt~ly vvho w,jtnvssvs, or defending such action or proceeding,
SWX(Aldi r the irUr, uSl Of SIA01 n,m)'rl hlWll if by rl r'r,,t'on
of taw as drstinyui,L,,i ;rc,n .,r, any ;Wrsun (11 ,u,t,t (ll) The Company shall (rave the quit to select counsel
of it ovion choic Of pro'orrli whenever it is requred defend any
who sucurrds t, the interest of soul, named l,st,rcil by e
opera ti on of I,nv as rIV,hngushed fir) rrr nlrrchas,: irarnhn g• ttnrl $uch counsel shah have foil control
but nut limitrrl to the fulLnvirrcl J of said defenan.
10 Any +Icrion taken by the Company for the uefense
(i) hens, duvisecs, distrilvurces, r xccurors and of th,l Insured or to Ti the title as insured, or both,
admillmraturs; shall not be tonstrucd as an artonission of liability, and the
(u) the succes,nws in interest to;i corpoiaUun re,,utt'ng Company shall not thereby lie held to crntedn liability or
from merger or eomrrlidatlon or the distnbulion of tin: assets waive any provision of thh policy,
of such corporation upon liar trot or Ti lirluidatiun;
(iii) the partnership successors in inh,rest to a gene at 4. Payment of Loss
or limiter partnership v,nich dissulves but doesnut (Lr,nine;e;
(iv) the succersc ; in interest to a general or hmitrct (a) No claim shaft arise or be maintainable under this
partnership resulting from the distobutihn of the assets ref "Llrtingfanylydalm orosuitawithout written consentuofdthe
such general or limited partnership upo t partial or complete Company,
liquidation;
(v) the successors in inU:r, st to a (h) All payments under this policy, except payments
resuftin from the %i )',ini venturu made for costs, attorney fees and expenses, shall reduce the
9 ! stributiun of the assets of such joint amount of the insurance pro Canto; and the amount of this
venture upon partial or roruplete fi.ltridation; policy shall be reduced by any amount the Company may
(vi) the successor or ;ubstitule trust^e of a tru Lcr, pay under any policy insuring the validity or priority of any
named in a written bust instrument; (rr lien excepted to herein or any instrument hereafter executed
{vii) the sul;rrssorr, n inleaest to a trustee or trust by the Insured which is a charge or lien on the land, and the
resi from the disbibution of all or tart of the assets of amount so paid shall be deemed a payment to the Insured
such trust to the brne'tciaries thereof,
under this policy,
2. Faclusions from the Coverage of this Polic W The Company shall have the option to pay or settle
This y nr cornprowise for or in the name of the Insured any claim
policy dues not insure against foss or damage by insured against by this policy, and such payment or tender of
reason of Utn followings
(a) IT he refusal of an payment, together with all costs, attorney fees and expenses
y person to purchase, lease or tend which the Company is obligated hereunder to pay, shall
money on the la-td. terminate aft liability of the Company hereunder as to such
(b) Gover,rrr,ental rights of pofice power or eminent claim, Further, the payment or tender of payment of the
domain unless nohre of the exercise of such rights appears in full amount of this policy by the Company shall terminate
the public records at the date hereof; and the consequences all liability of the Company under this policy,
of any law, ordinance or governmental regulation including, fell Whenever the Company shall have settled a claim
but not limited to, b.iffuurg and zoning ordinances,
fell Any titles or rights asserted by anyone including, under this policy, all right of subrogation shall vest in the
but not limited to, persons, corporations, governments or be Co smpany ugated to unaffected and be be en any titled act to o all the Insured, and it shall
l other entities to tfdciands, or lands comprising the shores or the ins rights and remedies of
beds of navigable or perennial rivers and streams, lakes, bays, claim. Theagai
Insurted, ifperson sted property in respect to such
gi or oceans, or to any land extending from the line of d, req uest by the Company, shay
mean low tide to the line of vegetation, or to lands be and transfer to the Company, all rights and remedies against any
Y person or property necessary in order to perfect such right
the line of the harbor or bulkhead lines as established or of subrogation, and shall permit the Company to us- the
changed by any government, or to filled-In lands, or artificial name of the Insured in any transaction or litigation
islands, or t9 riparian rights, or the rights or interests of the involving such rights or remedies,
State of Texas or the public generally in the area extending
from the line of mean low tidr to the line of vegation or their S. Policy Entire Contract
right of access thereto, or right of easement along and across Any action, actions or rights of action that the Insured
the same. may have, nr may bring, against the Company,
(d) Defects, liens, encumbrances, adverse claims against the status of the title Insured hereunder, us arising out on
the title as insured or other matters (11 created, suffered, the provisions of this policy must u based be
assumeJ or ogreed to by the Insured at the date of this olic , and all notices required ac be
or (2) known to the Insured at the date of this policy policy,
nless be furnished the Com army st I e addressed required to
disclosure thereof in writing by the Insured shall have been Box 2029, Houston, Texas 7otll. addressed to it at P, O,
rnasle to the Company prior to the date of this policy; or loss
crr damag- which would not have been sustained if the 6. This policy is not fransfcrabte.
~ T J. `Wx, it 'P '1' 1'1'
GUARANTY cuMPAMY
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Cunlnu iLUn Form ?u f „ i
Attached to and made a part of Stewart Title Guaranty Company Policy No. 1425281A
Continuation of Schedule A
EXHIBIT "A"
All that certain lot, tract or parcel of land lying and being situated in the City and
County of Denton, State of Texas, and being part: of the B.B.B. and C.R.R. Survey ,
Abstract No. 185, and also being part of the fifth tract of land as conveyed from
Olgie Ivey and hlary Louise Ivey Bardas to Ben C. Ivey, Jr. by warranty Deed dated 4-20-7
and recorded in Volume 783, Page 9 of the Deed Records of Denton County, Texas, and
more particularly described as Follows:
Beginning at the southeast corner of said Ivey Fifth Tract, said point also being the
intersection of Lhe north right-of-way line of McKinney Street with the west right-of-way
line of Bell Place;
Thence west along the south boundary line of said Ivey Fifth Tract,said line also being
the north right-of-way line of McKinney Street,a distance of 98 feet to a point for a
corner, said point also being the southwest corner of said Ivey Fifth Tract.
Thence north along the vest boundary line of said Ivey Fifth Tract a distance of 4.4
feet to a poi-at for a corner;
Thence east 4.4 feet north of and parallel to the south boundary line of said Ivey
Fifth Tract and the north right-of-way line of McKinney Street, a distance of 98 feet
to a point for a corner, said point lying in the cast boudary line of said Ivey Fifth
Tract and the west right-of-way line of Bell Place;
Thence south along the east boundary line of said Ivey Fifth Tract and the west right-
of-way line of Bell Place a distance of 4.4 feet to the place of beginning and containing
431.2 square feet of land, more or less.
ATTACHED TO AND MADE APART Of
SUNART TITLE GUARANTY COMPANY
POLICY No. 1425281A
r,('NtAN.TIDN OF SCHEDULEA
COUNTERS , EO
.lJI;, P ITLE OF DEN10N
DU I I
Pape _ 3_ ! ~C-~
A.Ui IC'MIED COUNTERsIGNATURE
S'1'I•:NVAI2'1''riTLL
ODARANTY COMPANY
T I Ownorl Policy Sch, cd01e1 Fenn Prescribed by Sla(q I3udrd of Inwrance of Texan 1570
LL 8-4-81 SCHEDULE A
GF No. B- 7481
0vner Policy No.; 0 1425281A Date of Policy;
May 27,, 1981
NAME INSURED: CITY OF DENTON
Amount of: TWO T,1OUSAND FIVE HUNDRED THIRTY FIVE AND 45/100
($2,535.45) DOLLARS.
1. The estate or interest in the land insured by this Policy is: (Fee Simple, Leasehold, Easement, Etc. ldentify or Describe)
FEE SIMPLE
2, The land referred to in this Policy is described es follows:
SEE EXHIBIT "A" ATTACHED HERETO FOR LECAL DESCRIPTION.
I
SIrI l"lli 12'1' '1` 1'1' L 14;
GVAHANTY COMPANY
6812
TO Owners Pot r,Y ,r Sctieduiea - F'nn Pres_n r ~
I bed by State Boat) of Insurali,ce of Teas - Revisrd 7.1- 1980 r SCHEDULE B
Policy No.: 1425281A
This policy is subject to the Conditions and Stipulations hereof, the terms and conditions of the leases or
easements insured, if any, shown in Schedule A. and to the following matters which are additionaf exceptions
from the coverage of this policy:
1 . Restrictive covenants affecting the land described or referred to above.
2, Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments, or any
overlapping of improvements.
3, Taxes for the year 19 81 and subsequent years, and subsequent assessments for prior years due to
change in land usage or ownership.
4. The followm(l lien(s) LimI all turms, provisions and conditon9 of the instrument{ s) creating or evI ife king
said licn)s)
NONE
5. Rights of parties in possession.
6. Any visible and apparent roadway or easement over or across the subject
property, the existence of which does not appear of record.
Coun t e r e+gned: /
STEW /f1Ti j OP DENTON COUNTY, INC.
9 CVARANTY coMPANY
Awhoriied Counters~pnaWre
Stlt 3
A 96-WARRANTY DEED-%ihh General =d Corporati, Ac4nowWgmenla %
l 1 w Id' RTIN Stationery Co., Daltaa
~ THE STATE OF TEXAS • ex 1
t Know All Men By These' Yresents:
COUNTY OF......... enton .
Ill~ ~
DEED RECORD9 1
i~
Ift That Ben C. Ivey, Jr. 15`~32
232
of the County of Denton , State of Texas for and in consideration of i
~,I I
~I
the sum of
------Two thousand five hundred thirty five dollars and 45/100--------------DOLLARS,
~i to him in hand paid by the City of Denton, Texas, a municipal corporation
I
i
i
I
I
f
E
have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto the said
City of Denton, Texas, a municipal Corporation
of the County of Denton , State of Texas all that certain
All that certain lot, tract or parcel of land lying and being situated in the City and
County of Denton, State of Texas, and being pare of the B.B.B. and C.R.R. Survey ,
Abstract No. 185, and also being part of the fifth tract of land as conveyed from
Olgie Ivey and Mary Louise Ivey Bardas to Ben C. Ivey, Jr. by warranty Deed dated 4-20-7
and recorded in Volume 783, Page 9 of the Deed Records of Dcnton County, Texas, and
more particularly described as FollowPt
Beginning at the southeast corner of liaid Ivey Fifth Tract, said point also being the
intersection of the north right- of-way line of McY.Inney Street with Lhe west right-of-wa
line of Bell 'Place;
Thence west along the south boundary line of said Ivey Fifth Tract, said line also being
the north right-of-way line of XcKinney Street,a distance of 98 feet to a point for a
corner, said point also being the southwest corner of said Ivey Fifth Tract.
Thenco north along the west boundary line of said Ivey Fifth Tract a distance of 4.4
feet to a Doint for a corner;
Thence east 4.4 feet north of and parallel to the south boundary line of said Ivey
Fifth Tract and the north right-of-way line of McKinney Street, a distance of 98 feet
to a point for a corner, said point lying in the east boudary line of said Ivey Fifth
Tract and the west right-of-way line of Bell Place;
Thence south along the east boundary line of said Ivey Fifth Tract an3 the west right-
of-way line of Bell Place a distance of 4.4 feet to the place of beginning and containin
431.2 square feet of land, more or less.
: VOL 1019 MACE 135
I
1 ~
i
t
~ vo~~U'79 fdcf 1~S
TO HAVL AND TO HOLD the above described premises, together with all and singular, the rights and
appurtenances thereto in anywise belonging unto the said City of Denton,Texas a municipal Corp.
is successors
heim and assigns forever; and I do hereby bind myself , my
heirs, exerutors and administrators, to Warrant and Forever Defend all and singular the said premises unto the
said City of Denton, Texas a municipal corporation, its successors
beira and assigns against every person whomsoever lawfully claiming, or to claim the same, or any pact
thereof.
1Vitaess my hand at this Z to day of
M~ ,.4.D.19 81
Witnesses at Request of Grantor: n/
Y Lo.
y~..
Ben C. IVs r... .
e THE STATE OF TEXAS, ACI+;OW'LEDGAIE.NT
Denton BEFORE b1E, the undersigned authority,
in and for sai County Texas, on this day Pero y afpe C. IVe Jr
dd ared...,..U.0._., Y.a..........s.._.,..
•
SIR:.
.._..«t~....,. .Ii:..'.'n;
knbn,to me yb a the~ersonS..,ttiehose name J..S.... subscribed to the foregoing instrument, and acknowledged to me that
v• .
he.......... executed the s fhi for the purposes and consideration therein expressed. M I
a GIVEN UNDER MY IiAND AND SEAL OF OFFICE, M....-..2 .~......-...day of.................`....... A. D. 19. ~...f.
t\qt ~ .
' L.S.) OS e' 1
1 0............
Notary Public ...........................County, Texas
My Commission Expires jerk . t V...............
10..4..
Af. K NOW'LE DG 9i Fr1 T
THE STATE OF TEXAS,
BEFORE ME, the undcrstgncd authority,
COUNTY OF........... _
in and for said County, Texas, on this day personalty appeared
known to me to be the person........ whose name ....................................subscribed to the foregoing instrument, and acknowledged to me that
--he.......... executed the same for the purposes and consideration therein expresmd.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This ................................day oL.................................. A. D. 19..............
MS.)
Notary Public ........................County, Texas
My Commission Expires June 10..........
CORPORATION ACKNOWLEDGMENT
THE STATE OF TEXAS,
BEFORE ME, the undersigned authority,
COUNTY OF.---
In and for said County, Texas, on this day personally appeared...
I known to me to be the person and officer
whose name Is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the Bald
a corporation, and that he executed the same at the act of such corporation for the purposes and conslderation therein expressed, and in
the capacity therein a:ated.
GIVEN UNDER MY HAND AND SEAT, OF OFFICE, TALm..... .........................day of...................................................., A. D. 10..............
Notary Public .........................................................................County, Texas
My Commission Expires June 19,.........
THE STATE OF TEXAS,
COUNTY OF_......
County Clerk of the County Court of said County, do hereby ctrttty that the foregoing Instrument of writing dated on the
................................day of A.D. 10......... , with Its Certlhcate of Authentication, was hied for record in my office
on the ........................day of , A.D. 1?....... at...........,.. o'clock M., and was duly recorded this...................
day of. A.D. 19............, at...._.............. O'clock M., in the Records of Raid County, in Vol.
ume............. on pages............
WITNESS my hand and seal of the County Court of said County, at my office In
..........................................................................................................................the day and year last above written,
Clerk County Court .........................................................................................County. Texas
(L S-) By........ Deputy.
f
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1
j INDEPENDENT CONSULTANT AGREEMENT
THE STATE OF TEXAS § i
KNOW ALL MEN BY THESE PRESENTS:
- COUNTY OF DENTON §
The City of Denton, Texas, a Municipal Home Rule City situated
~I
in Denton County, Texas, hereinafter called "City", acting herein
by and through its City Manager, and Michael H. Saller of the City
of Denton and County of Denton, hereinafter called "Consultant", "n
hereby mutually agree as follows:
1. SERVICES TO BE PERFORMED: City hereby retains Consultant n.
1! to perform the hereinafter designated services, and Consultant
agrees to perform the following services:
r
A. Land Use Mapping.
2. COMPENSATION TO BE PAID CONSULTANT: City agrees to pay
,1.
Y Consultant for the services performed hereunder as follows:
r ,
A. Amount of Payment for Services: w
J
$4.00 per hour. Total compensation shall not
i exceed $1,900.00.
B. Dates of Payments:
' Same as regular City Payroll.
ry
3. SUPERVISION AND CONTROL BY CITYs It is mutually under-
stood and agreed by and between City and Consultant that Consultant
is an independent consultant and shall not be deemed to be or con- ,
sidered an employee of the City of Denton, Texas, for the purposes
of income tax, withholding and social security taxes, vacation or
sick leave benefits, or any other City employee benefit. The City
shall have supervision and control of Consultantt and it. is expressly
understood that Consultant 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. CANCELLATION: City reserves the right to cancel this
Agreement at any time by giving Consultant ti_rty (30) days
written notice of its intention to cancel this Agreement.
INDEPENDENT CONSULTANT AGREEMENT - PAGE 1
MR, 9 01
YV ,
Y
it IG~ ~Y
~r..r~,~,r+•t~o~wvrr ~.--•~...~.~.r---~~•-.r.~~• rr.~.~r ~ww.•..~~r~ww~n.•••rw••r+rv
5. TERM OF CONTRACT: This Agreement shall commence on t,ie
14th day of May, 1981, and end on the completion of the work. '
EXECUTED this the --,.!'/,,--day of May, 1981.
CITY OF DENTON, TEXAS'.
BY: j CIT ' t r R ~
r:
ATTEST: CITY SEC E-T-AW
.
APPROVED AS TO LEGATE FORM
C. J. TAYLOR, JR., CITY ATTORNEY
BY:
"y CONSULTANT
,y
a~ v¢
ICHAEL 11. 5ALLEA
That Charles Watkins is hereby designated as the person to
s{' administer the provisions of this agreement,
CITY MANAG R'
ro;
DADA TE'
a
4
INDEPENDENT CONSULTANT AGREEMENT - PAGE 2
4 I
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e• ;v e` 1', O + r ~ ",f ~ , r..icy til~.•
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rte.-~_______ "'~~_-.~~~-~.~I 1i 1. ~{I tGt~^`~fi!r Tit.
3i
INDEPENDENT CONSULTANT AGREEMENT
t~
; THE STATE OF TEXAS §
KNOW ALL HEN BY THESE PRESENTS:
.let COUNTY OF DENTON §
.:x
The City of Denton, Texas, a Municipal Home Rule City situated
ex
in Denton County, Texas, hereinafter called "City", acting herein
by and through its City Manager, and Elizabeth A. Evans of the
} City of Denton and County of Denton, hereinafter called "Consultant",
hereby mutually agree as follows:
10 SERVICRS TO BE PERFORMED: City hereby retains Consultant
to perform the hereinafter designated services, and Consultant
agrees to perform the following services:
A. Land Use Mappiag.
2. COMPENSATION TO BE PAID CONSULTANTS City agrees to pay
Consultant for the services performed hereunder as followss
A. Amount of Payment for Services-
$4.00 per hour. Total compensation shall not
exceed $1,900.00.
B. Dates of Payments:
Same as regular City Payroll.
3. SUPERVISION AND CONTROL BY ~CITYs It is mutually under-
'
stood and agreed by and between City and Consultant that Consultant
is an independent consultant and shall not be deemed to be or con-
sidered an employee of the City of Denton, Texas, for the purposes
of income tax, withholding and social security taxes, vacation or
sick leave benefits, or any other City employee benefit. The City
shall have supervision and control of Consultantf and it is expressly
understood that Consultant 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.
9, CANS CCEEL1LP IO~Ni City reserveq the right to cancel this
Agreement at any time by giving Consultant thirty (30) days
written notice of its intention to cancel this Agreement,
INDEPENDENT CONSULTANT AGREEMENT - PAGE l
11;111 !a ~T k
' lltill C r) f
it
1
5. TERM OF CONTRACT: This Agreement shall commence on the r
14th day of May, 1981, and end on the completion of the work.
EXECUTED this the _&,~4day of May, 1981. ti
~a.
-y CITY OF DENTON, TEXAS
BY
/YJ A /a
CITY
t~
S
ATTEST :
r4
C I Y SECltETAR'.
k
APPROVED AS TO LEGAL FORM ;
C. J. TAYLOR, JR., CITY ATTORNEY
Bt:~
C
CONSULTANT
EL T A. EVANS
That Charles Watkins is hereby designated as the person to
administer the provisions of this agreement.
L2 ~ yjj e
Y
DXTE -f
INDEPENDENT CONSULTANT AGREEMENT - PAGE 2
~,T7' 'y a'~', F9r ~yi^' i a .•'r'~~1°`1r T^° ~1, ~L gy.' a~1' .2µi ~~Ri ~y° t!:`r Fi
X11"1. Rai •,Y.K Q 4rti n4 t. S; Ur ~V•" tY 11
ya }rp 1 ~~X1 A"fa' c
oil
1
-C-21"k IT UL IX -V a-With, S;o¢lx Jdnt &a; Y.'.RIIN 3*~tlaz&rroa.Duuias._.
TGIF S'i'p TE OF TEJXAS, { .
COUZ`TY Or DENTON I ' J~NOIV ALL ME BY T11hSE PR1,SF,1NTS:
DEEO 4-(F CORDS
That The City of Denton, Texas, a Municipal Corporation
of the Co:mty of Denton Rnd State of Texas for and in consideration of
the sum of
I r
-------------------------TEN F, NO/100 (510.00)-----------
--'DOLLARS,
to it in hand paid by Jim and Carolyn 13. Medlin
of the County of Denton and State of Texas , the receipt of which
~I
is hereby acknowledged, do, by t~:exe presents. W %G kIN, SYLL, "ELEASE, AND FOREVEI:
QUIT CLAIM unto the said Jim and Carolyn D. Medlin f 1
their heirs and assi;,ms, all its right title and interest in and to that certain tract or par.
cel of land lying in the Count of
Y Denton and State of Texas, described as follows, ~ •
to-wit:
I
All that certain uarcel of land situated in the City and County of Denton,11
Texas, being part of a 16.0 foot wide utility easement along the north'
I boundary line of Lot 2, Block 10 of Southridge, an addition to the City of I. Denton, plat of which is recorded in
Volume 3, Page 51, Plat Records of
1 Denton County, and being more particularly described as follows:
COMMENCING at the southwest corner of said 16 foot wide easement on the!'
west boundary line of sad Lot 2 and on the east right of way of Southridge',
Drive;
,i
THENCE north 770 241 east with the south boundary line of said easement
74.66 foet to the place of beginning;
THENCE north 750 051 26" east a distance of 59.83 feet to a corner; II
f
THENCE south 120 54' 34" east a distance of 5.45 feet to a corner on then
southwesterly line of said 16 foot wide easement;
THENCE north 620 211 00" west with the southwest line of said easement!!
4.69 to an inner ell corner of said easement;
THENCE south 770 241 00" west with a south bo,i.ndary tine of said!
easement 56.42 feet to the place of beginning, containing in all 77.41601
square feet of land.
TO IfAVE AND TO }TOLD the said premises, together with ail and singular the rights, privi-
leges ant:: 1p,,urttllalices then"to in any manner belonging unto the said Jim and Carolyn D.
Medlin, their
heirs and assigns, forever, so that neither the said
City of Denton, Texas, a Municipal Corporation, its successors
nor Amkxl x.ox any person or persons clalming under i t shall, at any time hereafter,
have, clalza or demand any right or title to the afecesald premise3 or appurtenances, or any part there-
l of.
WPCNIS,4 hand at Denton, Texas this
;.,r7s~► day of
. Vay A. D. 19
gl
Witnesses A V.Vueat of Grantor: CITY 0 1 NTON, ,XAS
i ; ,r1fi~E HX ; _
ICI AHD 0 STEW
T, 11AAY-OO
~.r_/i3"11 00i H T; CITY SLCRF,TARY vw g 1 Pf;
•
::1f'ii\rt14'1.1:1){;11,;\'1' 4 }L 0 7 !
THE
('OUaT1' ul DENTON 1b
1 • 1{I'1 mR , all', the uu !cI, i qxd
~ ut}tnrity,
ii:,,dl%'rrni,ICrI',;i.Iy,'!'~s;.•h.i Rieliard 0, Stel4'a1'I:, Ma}'nr of the
Ci ty of Dr'nton, Tuxati
& ufficar
knout, to I,"et,, I,,- J!
I•, rsa! i, ii. !
, ~ ,t~l,;-r d rn'L;,( ,g,'r'tt ir~ttn;l'i~nt,:ml:~rkr,,,Hled~eJ to n.e lhat
h n7rr,;Crd the c, a r, 14r 1 r'q.,. i:A !,:','in (I-I& In
s t the capacity therein
I' AN I'AI rrP r I I I'ir". 'I I1 I _ rlrl of May / 81
I` ~ 1LLNEFI! tCUT! ( r ~C7/fE„
~f ../J'l.J~ClGZ. ~
7
Na iry lvLk 5'. rI To e, i
N' 1'LItU( Denton
mj rwilr,ivo upmr V.,o 31 r' ,5 , County, Tol
11y t',;:,'n, soi n F:zhirr' *tttYl, 19 Jy'.)
,icic~ul~•1F:~'r-
THI; STATE OF ''1AAS, T1:1iii
CO LIXI'Y OF { IIET'ORE 31F. the undersll neJ authority,
irl
1, t.i•4 vJy' lK 1', . 176i~! hl~l ~•'::d
:u t
his wife, both kno,tn to mo tr, bC tl, t1 u.• .L it "."I to Ih-~ fnrrr;,,ing Instrument, and neknowledil to
It I o Ii
fe of th":IIA havrn4• been
examined by me pritily :,r,d 7,Im~t f;I no !wr III, 1' 1, i4tl., r nn,: f 1!I} rxll^in, d to her, she, the sold
u'tllin ~I ;nor! t6u •aro f, n' Ih.: ,krr,',cla i cd t•lrrb instrumm~t to he her act and deed and
ahe r{(.,gored th;,t ~he hail j
t s „r ;.r„1 r„n,,idrlutir~n therein expo "s'od, and that ahe did
not Nvish to r ,trurt it.
GIVEN UNDPR MY ]III ASS SI•:1r. 1r',l}'hICE','ll iv d;,y-of A.D• 19
Ii,.SJ
„l.iig 1'ubri4" County, Texas
1f;; r„I'Imistorun i:xpirr:; .Rine 1, 19_.
11'1FP;';; ~~;I'.11{,1'lf: .1i 1~~'r111'L6;Dr;J11~,\T
T)iF: STATE' OFTEXAS, ~
( Ilhl);1DIE, th r COUNTY of ulutcrsirrrrd tnrthority,
In acid for sahl CVUnty','I'voti im ih°c day pled wit III,j,'a,'rA
, 4t'if, ul
knoa-n to nie to he the pcveoll a hnr,c nrnm Qr :uh. r r ib•,d o thu Fnu } rdr in.vtr unreal, nr,d harhlg been esamincd by me privily
and apart front herhu^band, and hrtvh, 111,) s;rna furry r apl;rin i to h„r, she, the Paid
eho derlnred that eha had ~~iknr Itcuv.:;dur:~ti-,ntthcritlnf7expr}-~ care, anti that Ox I
not NI to retract it,
GIVEN UNDER MY HAND AND SFAL OF Oleh'ICE,fhii rluy of A.D. 19
(L So)
r
Vrdnry I'ubiir , . County Texas
bTy Curivurs.sinn Elipires Juno 1, 19.....
CLERK'S C1;I VVICATE
THE' STATIC: OF TEXAS, f
COUNTY OF. I' County
C'tcrk of the Crou11'y Court or stlid County, do 1lcertoy certify' Ihnt the f,uognlng instrument of tenting dated u1r the
day of A. U. 1? nit}, its C(Itiflr;de of AuthrrrtrrnUon, vvos filed roe'
Peered In my once on the day of A. U, 19 of o'clock AL, and duly
recorde,l this day of A. 1). 19 , at . o'clock Jl In the
. 1,0coi'd1 of Ford Crrirnto', in volume , 011 1):1 .
WITNESS MY NAND AND SEAL OF T11% COUNTY COURT of told County, at cfflce In .
, the day and Fear last nbo:o vrritlcn,
uunly C1crk r~ . CovI 'Cote!.
D
1I I Y / 'vO0 V
' [i] ~ ~ p ~ V ~o rh ''Gy %yAl~~ (J ~ `ref, ~
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, } r [f:•n } '.p Y r v ~r`P ~ t ~ ~.41, ~ LL ft yy"t •r}`r~,' ~.1
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1%
r
EASEMENT V Li034 }7rGE 160
j{# THE STATE OF TEXAS § ,D.EED RECORDS
COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS;
~
g+i That we, Alex Dickler Jr., Individually and as Executor of
the Estate of Alex Dickler Sr.; Alex Dickler Jr., Trustee for
Thomas W. Laney, Jr., Richard Alexander Laney, Harriett
Christine Laney, Cindy Lou Laney, Sarah Louise Dickler Mary Ann
Dickie, Alexander Dickie IV, Martha Sue Dickler Joseph Robert
Dickler Margie Carolyn Dickler Kathryn Christine Dickler
Elizabeth Jean Gault, John Dickie Gault, and Paul Allen Gault;y
acting herein by and through their agent and attorney in fact, 4
4LFr
Catherine Baldridge; and Christine Dickie Laney acting herein
by and through hec agent and attorney in fact George Hopkins,
for and in consideration of the sum of Ten and No/100 ($10.00) ,
Dollars, and other good and valuable consideration, to us
paid
by the City of Denton, a Municipal Corporation of the State of
Texas, the receipt of which is hereby acknowledged, and other
,rood and valuable consideration including the benefits that
will accrue to our property, do hereby GIVE, GRANT and CONVEY p'.1
to the City of De.iton, Texas, its successors and assigns, the
right to construct, reconstruct and perpetually maintain
electric transmission power lines and appurtenances in, upon
and across the following tract of land:
All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of
Texas, and
being part of the M. Austin Survey, Abstract No. 4 and also
being part of Tract I as conveyed from Good and Associates,
Inc., Trustee to George Hopkins, Trustee by Trustees Deed dated
March 2, 1976 and recorle3 in Volume 776, Page 68 of the Deed
Records of Denton Co ity, Texas, and more particularly
described as followss
FIRST TRACTS
COMMENCING at the most southerly southeast t.orner of said Tract
THENCE north 30 12' 40" east along the westerly east boundary y ;
line of said Tract 1, a distance of 38.5 feet to the
beginnings point of ti
THENCE north 860 52' 40" west a distance of 1536,0 feet to a
point for a corner in the west boundary line of said tractf
P~Jrr,
r~ ..'.i ,
k.q
rC'
lf~ R ~ ~ ' L+ { Il i i ! n , ♦ .r a ~ s ~ 4,q
~•'S 1. i~ w li'd'' i t`i'ts y`l ''iF 1~~F'
t5 .
S
same being the east boundary line of a tract conveyed to the
City of Denton and recorded in Volume 6480 Page 105 of the Deed
5 Records of Denton County;
THENCE north 30 05' 20" east along said line a distance of 70
feet to a point;
6 THENCE south 860 52' 40" east a distance of 1536.2 feet to a
Point for a corner in the westsrly a&at boundary line of said 1
tea, t;
THENCE south 30
12' 40" west along said line a distance of 70 ,
feet to the place of beginning and containing 2.469 acres of
land, more or less.
SECOND TRACT:
COMMENCING at the easterly southeast corner of said Tract I,
said
point lying in the west right of way line of Loop 288;
THENCE north 870 04' 20" west along the northerly south
boundary line of said Tract I a distance of 155.2 feet to a
point)
THENCE north 10 28' east a distance of 297.7 feet;
THENCE north 10 34 10" east a distance of 427.5 feet to a a`
point for a corner, said point lying in the south line of a
tract conveyed to Robert S. Liner in Volume 836, Page 829 of
the Deed Records of Denton County;
THENCE north 870 06 30" west along said line a distance of
37.5 feet to the point of beginning, said point also being the
southwest corner of said Liner tract;
THENCE continuing north 870 06' 30" west a distance o£ 35
feet to a point for a corner; .;N1.
THENCE north 10 34' 10" east a distance of 514.55 feet to a
point for a corner;
THENCE south 870 32' 40" east a distance of 70 feet to a
point for a corner;
THENCE south 10 34' 10" west a distance of 215,0 feet to a
point for a corner in the north boundary line of said Liner
Tract;
ti ry'
THENCE north 870 02' west along said line a distance of 32,6
feet to the northwest corner of said Liner tract;
THENCE south 20 02' 10" west along the west boundary line of
said Liner tract a distance of 300.0 feet to the place of
beginning and containing 250899.69 square feet of land, more or
less, y,-
k
TO HAVE AND TO HOLD, all and singular, the $
privileges f
aforesaid to it, the said City of Denton, Texas, its successors 19
and assigns forever, together with the right and privilege, at
any and all times to enter said
premises or any part thereof,
for the purpose of constructing, reconstructing and perpetually
maintaining said electric transmission "X
power lines together ";ar
r: 1
w
v011084 imE 161
r c - y, z f k
4 r , .1,, Wii r'1 `Li-~' tnn.~,1' ,
• + 1 1
• 1
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with necessary appurtenances, and for makingiU o4 nn~ecEt162
ions
3 therewith; all upon the condition that the City of Denton w
ill
restore 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
I
damaged in performing said work, and further upon the condition
that in the use of the aforesaid rights and privileges herein
granted, the City of Denton, Texas will not create a nuisance
or any act that will be detrimental to said ~F~,'✓;
premises and that
said tract will not be used by said City of Denton, Texas for :r
any other purpose, under this grant, except as herein provided.
EXECUTED this the 2 f~
da of i
-L-- y 1 ~ > A. D. 1981. ALEX DICKIE, JR. ALEX DICKIE, JR., TRUSTEE
~ r 11
BY:
Q ~_e BYs=~.YB!_"!'~~_5?~,}_ !zQ ~i
CATHERINE BALDRIDGE AGEN
CATHERINE BALDRIDGE, AGENT
AND ATTORNEY IN FACT FOR AND ATTORNEY IN FACT FOR
ALEX DICKIE, JR. ALEX DICKIE, JR1, TRUSTEE
SARAH DICKIE GAULT
CHRISTINE DICKIE LANEY
/ p,}1
BYs ~b 1,~
CATHERINE BALDRICGE AGE BY:
GEORGE HPKINS, AGENT
& ATTORNEY IN FACT FOR ATTORNEY IN FACT FOR
SARAH DICKIE GAULT CHRISTINE DICKIE LANEY
i'S3
THE STATE OF TEXAS COUNTY OF DENTON
1 1
BEFORE ME, the undersigned authority, on this day
personally appeared CATHERINE BALDRIDGE, known to me to be
the person whose name is subscribed to the foregoing instru-
ment as attorney-in-fact of ALEX DICKIE, JR., and ALEX
DICKIE, JR., TRUSTEE, the party thereto, and acknowledged to
me that she executed the same as attorney-in-fact for the
s
f l
that the said aid ALEX DICKIE, JR., and ALEX DICKIE, JR., TRUSTEE, and
TEEj executed theXsame Kbylandsthrand oughL hers,I for Ethe~~ purposes
and consideration therein expressed, and in the capacity f,
therei;}%** !
lga~~~;' IV-;DER MY HAND AND SEAL OF OFFICE, on May 120
s,
1 r:
.~Y e„~, , ~'s,
~'1•al..... OJUN
otar .
taq F „I,.ry rw,l , Puh11C h an o'""'_
flF ++•n N 114J1 The State of Texas
w, My Commission Expires '
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ii •
9 r ~ 5 s r ~ t i a a
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.s+ OWN"
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.j AFNMLWA%" 11
THE STATE OF TEXAS !
COUNTY OF DENTON
BEFORE ME, the undersigned authority, on this day
personally appeared CATHERINE BALDRIDGE, known to me to be
the person whose name is subscribed to the foregoing instru-
ment as attorney-in-fact of SARAH DICKIE GAULT, the part
thereto, and acknowledged t: :.le that she executed the same r'
a1 attorney-in-fact for the said SARAH DICKIE GAULT, and
that the said SARAH DICKIE GAULT executed the same by and r+
through her, for the purposes and consideration therein expressed, ,
2.'Scv ER MY HAND AND SEAL OF OFFICE, on May 12,
1981 4^ J'
•`g Nothry ubl c nand or
ti
The State of Texas
My Commission Expires;
holy ru OLp e.
Ino P 1. pl Iaq.
THE STATE OF TEXAS JIMMY 11,
uuy el lk4
COUNTY OF DENTON
t
BEFORE ME, the undersigned authority, on this day
personally appeared GEORGE HOPKINS, known to me to be the
person whose name is subscribed to the foregoing instrument
as attorney-in-fact of CHRISTINE DICKIE LANEY, the party
thereto, and acknowledged to me that he executed the same as
attorney-in-fact for the said CHRISTINE DICKIE LANEY, and
that the said CHRISTINE DICKIE LANEY executed the same by
and through him, for the purposes and consideration therein
expressed,
GIVEN UNDER MY HAND AND SEAL OF OFFICE, on May 12,
1981,
k
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~;X otar Pu c n an o~
The Sate of Texas
o - ° My Commission Expires _
1 awr ~ wun ~ '
Npliry P l0s PP
L *I Isms, `
Ml Commission [4p161
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fff~~~ i~y~cs"_N4f'1~' 1 F{"u 11 Jrt~i,Jfi ~°I,. f'fy ~~)..S:A I/~~ }~r~,S`{~I.'.7, }e 7i RL~r 1~. 7 /'r f+4r'' 141 ~G ^tl`7'i7k7'^iS +.(Y" {y
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JUN '2 3 1981
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COUNTY CCIRK, 9900 COIwlOMP
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THE STATE OF TEXAS '
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON
This Contract and Agreement made and entered into on the 1st day of May,
A.D., 1981, by and between the City of Denton acting by and through G. Chris
Hartung, its duly authorized City Manager, hereinafter referred to as the
"City" and the North Texas Commission acting by and through its duly authorized
President, Worth M. Blake, hereinafter referred to as the "Commission",
W I T N E S S E T H:
WHEREAS, the Commission is an independent, non-profit corporation estab-
lished under the laws of the State of Texas for the purpose of developing and
implementing a comprehensive and effective economic marketing and promotional
program for the North Texas Region which Region includes Denton County and the
City of Denton, Texas; and
WHEREAS, the City is charged with the responsibility of promoting and
preserving, among other things, the economic welfare and quality of life of
its citizens; and
WHEREAS, the success or failure of the Commission's purposes and objec-
tives has a direct impact upon the economic welfare and quality of life of
the citizens of the City;
NOW THEREFORE,
In consideration of the mutual covenants and agreements hereinafter set
forth, the parLl- s do hereby covenant and agree as follows:
ARTICLE 1
The Commission shall commence the services contemplated to be furnished
and performed hereunder on the 1st day of Nay, 1981.
ARTICLE. 2
The term of this contract and agreement shall be for a period of three
(3) years from the 1st day of May, 1981.
'1t11CLE 3
I'
City agrees to pay to tho Cenr.ission es compensation for services render-
ed hereunder the sum of Five 1110tM nd, Six Hundred Sixty-Five and no/100 Dollars
($51665.00) per annum, payable as fellows:
I
I In a lump sum on an annui'. basis.
I
h~
if
ARTICLE 4
The Commission covenants and agrees to:
a) Design, develop and implement a regional marketing (advertising) campaign
that will position the Region, and as such the City, positively in the
minds of a carefully selected audience of national and international bus-
iness and governmental executives. As the marketing p„)grace is totally
regional in nature, the City's name m^y or may not be sted in related
marketing literature.
b) Design, develop and implement a routine, regionally-oriented procedure
for responding to advertising inquiries. This procedure would provide
for, but not be limited to, inclusion of a city developed and produced
(Commission approved) response piece.
c) Dejign, develop and implement an aggressive regional Aviation Marketing
and Development Program targeted to foster the continued development of
D/FW Airport and its aviation product.
d) Assist, as may be requested, by the City's Chief Administrative Officer,
in the preparation of regional economic and aviation statistics, studies,
charts, graphs and other materials reflecting actual or projected
regional economic development, which may impact the City.
e) Make available to the citizens and residents of the City such materials,
including economic research, as it has and may develop, gather or
produce for enhancing the economic health and well-being of the North
Texas Region.
f) Develop and implement a marketing strategy to increase the area's inter-
national image.
g) Furnish regular economic-type reports to the City's Chief Administrative
Officer with the understanding that such reports will also be furnished
to the local news media for dissemination to the general public.
h) Continue its current successful programs and implement such new and
innovative programs as will further Its corporate objectives and common
City's interests and activities,
ARTICLE s
It is covenanted and agreed that the Mayor of the City shall be an ex-
officio member of the Board of Directors of the Commission and, as such, is
the City's designated representative to vote the City's membership shares at
all official elections of the Commission. If the Mayor is unable to serve,
his position on the Board will be filled by the City's Manager,
f{ ARTICLE 6
Ii t
The Commission agrees to assume and does hereby assume all
responsibil- ity and liability for damages sustained by persoas or property, whether real
f
or asserted, by or froin the carrying on of work or in,the performance of
q services performed and to be perfoi-e-f hereunder. The Commission covenants
and agrees to, and dues hereby indemnify and save harmless the City and all
of its officers, agents, and employees from all suits, actions or claims of
any character brought for or on account rf any injuries or damages, whether
real or asserted, sustained by any person or property by or in consequence of
any neglect, omission, act or conduct of Commission, its agents, servants or
employees.
ARTICT.E 7
Notwithstanding the provisions of Paragraph 2 above, it is agreed this
contract may be cancelled and terminated by either party upon giving thirty
(30) days written notice so to cancel or terminate to the other party hereto.
The terminal 30 days shall commence upon receipt of such notice by the ad-
dressee and shall conclude at midnight on the 30th day thereafter. In the
event this contract terminates under the provisions of this paragraph either
unilaterally or by agreement of the parties, if not otherwise stipulated, it
is agreed only the pro-rata portion of the terminal monthly installment for
service shall be paid on the 1st of such terminal morith. Upon payment or
tender of such amount, all of the City's obligations hereunder shall be dis-
charged and terminated and no action shall lie or accrue for additional
benefit, consideration or value for or based upon the services performed under
or pursuant to this agreement.
ARTICLE B
Commission shall pay all taxes, royalties, and expenses incurred in
connection with services tinder this agreement, except as provided in Article
3 herein.
ARTICLE 9
Commission shall observe and abide by all applicable federal laws, state
statutes and the Charter and Ordinances of the City of Denton, and all rules
and regulations of any lawful regulatory body acting thereunder in connection
with the services performet, hereunder.
ARTICLE 10
No member of or delegate to the Congress of the United States or the
Legielatuic of the State of Texas shall be admitted to any share or part of
this contract or to any benefit arising therefrom.
ARTICLE 11
No member, officer or employee of the City or of any local public body,
during his tenure or one (1) year thereafter, shall have any interest, direct
or iedirect, in this contract or the proceeds thereof. This prohibition is
h~ , not intended and should not be construed to preclude
payment of expenses
legitimately incurred by city officials in the conduct of Commission business.
h
■
s
ARTICLE 12
Venue of any action brought on or under this agreement shall lie exclu-
sively in Denton County, Texas.
IN WITNESS WHEREOF, the parties hereto have caused this agree..ment to be
signed by their proper corporate officers as first above specified, and have
caused their proper corporate seal to be hereto affixed the day and year
first above written.
CITY OF DENTON
{
BY:
City Manager
ATTEST:
City Secretary
APPROVED AS TO FORM AND LEGALITY:
{
4Atorncjy
NORTH TEXAS COMMISSION
BY:
President ~
ATTEST:
Se /et
Cj
APPROVED AS TO FORM AND LEGALITY:
General Counsel
I
f
• Th'E STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON
This Contract and Agreement made and entrared into on the 1st day of May,
A.D., 1981, by and between the City of Denton acting by and through G, Chriu
Hartung, its duly authorized City Manager, hereinafter referred to as the
"City" and the North Texas Commission a-t'ng by and through itc duly author?-led
President, Worth M. Blake, hereinafter referred to as the "Commission",
W I T N E S S E T H:
WHEREAS, the Commission is an independent, non-profit corporation estab-
lished under the laws of the State of Texas for the purpose of developing and
implementing a comprehensive and effective economic marketing and promotional
program for the North Texas Region which Region includes Denton County and the
City of Denton, Texas; and
WHEREAS, the City is charged with the responsibility of promoting and
preserving, among other things, the economic welfare and quality of life of
its citizens; and
WHEREAS, the success or failure of the Commission's purposes and ob,jcc-
tives has a direct impact upon the economic welfare and quality of life of
the citizens of the City;
NOW THEREFORE,
In consideration if the mutual covenants and agreements hereinafter set
forth, the parties do hereby covenant and agree as follows:
ARTICLE 1
The Comnission shall commence the services contemplated to be furnished
and performed hereunder on the 1st day of May, 1981.
ARTICLE 2
The term of this contract and agreement sha1J be for a period of three
(3) years from the 1st day of May, 1981.
ARTICLE 3
City agrees to pay to the Commission as compensation for services render-
ed hereunder the sum of Five Thousand, Six Hundred Sixty-Five and no/100 Dollars
($5,665.00) per annum, payable as follows:
In a lump sum on an annual basis.
~ i
I; •
~f
,r
1
ARTICLE 4
The Commission covenants and agrees to;
a) Design, develop and implement a regional marketing (advertising) campaign
that will position the Region, and as such the City, positively in the
minds of a carefully selected audience of national and international bus-
iness and governmental executives. As the marketing program is tote111y
regional in nature, the City's name rr.R or ray net be listed in related
marketing literature.
b) Design, develop and implement a routine, regionally-oriented procedure
for responding to advertising inquiries. This procedure would provide
for, but not be limited to, inclusion of a city developed and produced
(Commission approved) response piece.
c) Design, develop and implement an aggressive regional Aviation Marketing
and Development Program targeted to foster the continued development of
D/FW Airport and its aviation product.
d) Assist, as may be requested, by the City's Chief Administrative Officer,
in the preparation of regional economic and aviation statistics, studies,
charts, graphs and other materials reflecting actual or projected
regional economic development, which may impact the City.
e) Make available to the citizens and residents cf the City such materials,
including economic research, as it has and may develop, gather or
produce for enhancing the economic health and well-being of the North
Texas Region.
f) Develop and implement a marketing strategy to increase the area's inter-
national image.
g) Furnish regular economic-type reports to the City's Chief Administrative
Officer with the understanding that such reports will also be furnished
to the local news media for dissemination to the general public.
h) Continue its current successful programs and implement such new and
innovative programs as will further its corporate objectives and common
City's interests and activities.
I
ARTICLE S
It is covenanted and agreed that the Mayor of the City shall be an ex-
officio membar of the Board of DIt,!ctors of the Commission and, as such, is
the City's designated representative to vote the City's membership shares at
all official elections of the Commission. If the Mayor is unable to serve,
his position on the Board will be filled by the City's Manager.
ARTICLE 6
k
The Commission agrees to assume and does hereby assume all responsibil-
i
ity and liability for damages sustained by persons or property, whether real
I
f~
• or asserted, by or fr,im the carrying on of work or in the performance of
services performed and to be performed hereunder. The Commission covenants
and agrees to, and does hereby indemnify and save harmless the City and all
of its officers, agents, and employees from all suits, actions or claims of
any character brought for or on account of any injuries or damages, whether
real or asserted, sustained by any person or property by or in consequence of
any neglect, omission, act or conduct of Commission, its agents, servants or
employees.
ARTICTF 7
Notwithstanding the provisions of Paragraph 2 above, it is agreed this
contract may be cancelled and terminated by either party upon giving thirty
(30) days written notice so to cancel or terminate to the other party hereto.
The terminal 30 days shall commence upon receipt of such notice by the ad-
dressee and shall conclude a midnight'on the 30th day thereafter. In the
event this contract terminates under the provisions of this paragraph either
unilaterally or by agreement of the parties, if not otherwise stipulated, it
is agreed only the pro-rata portion of the terminal monthly instali;r.nt for
service shall be paid on the 1st of such terminal month. Upon payment or
tender of such amount, all of the City's obligations hereunder shall be dis-
charged and terminated and no action shall lie or accrue for additional
benefit, consideration or value for or based upon the services performed under
or pursuant to this agreement.
ARTIUE 8
Commission shall pay all taxes, royalties, and expenses incurred in
connection with services under this agreement, except as provided in Article
3 herein.
ARTICLE 9
Commission shall observe and abide by all applicable federal laws, state
statutes and the Charter and Ordinances of the City of Denton, and all rules
and regulations of any lawful regulatory body acting thereunder in connection
with the services performed hereunder.
ARTICLE 10
No member of or delegate to the Congress of the United States or the
Legislature of the State of Texas shall be admitted to any share or part of
this contract or to any benefit arising therefrom.
ARTICLE 11
No member, officer or employee of the City or of any local public body,
during his tenure or one (1) year thereafter, shall have any interest, direct
j or indirect, in this contract or the proceeds thereof. This prohibition is
not intended and si.ould not be construed t~i preclude payment of expenses
~f legitimately incurred by city officials in the conduct of Commission business.
ARTICLE 12
Venue of any action brought on or under this agreement shall lie exclu-
sively in Denton County, Texas.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
signed by their proper corporate officers as first above specified, and have
caused their proper corporate seal to be hereto affixed the day and year
first above written.
CITY OF DENTON
f
BY:
City Manager
ATTEST:
City Secretary
APPROVED AS TO FORM AND LEGALITY:
City A torney
NORTH TEXAS COMMISSION
BY:
President
ATTEST:
Se etar~
APPROVED AS TO FO%4 AND LEGALITY:
I!
f
i Geaeral counsel
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