Loading...
HomeMy WebLinkAbout10-1982 1 ~ 1 i 1 1 1 1 1 1 1 ~ ~ 1 ~ f 1, 1 ~ 1 • 1 ~ ~ r ~ r IN THE MATTER OF CITY OF DENTON (Charlotte Allen) THE STATE OF-TEXAS Roy Appleton, Jr. Counly of Denton being duly sworn, says he is the Generel Manager of the Denton Record -Chronicle, a newspaper of general circulation which has been continuously and regularly published for a period of not less than one year in.the County of Denton, Texas, preceding the date of the attached notice, and that the said notice was published in said paper on the follow- ing dates: No. 82-89 regulations h fees for dead animal Pickup & disposal 251ines $20.00 OCTOBER 27 & 28v 1982 f t4 28 October 82 Subscribed and sworn to before me this _ day of .19- Witness my hand and official sea . qoq.~~~Q - Notary Public, Denton County, Texas A 1 1 1 ~ 1 1 1 1 , 1 1 1 f, IIEIlE PASTE TI IF. NOTICE BY Fily No. PUIII.ICATION cur Fliom PAPER - h IN THE MATTER OF THE I 1 IDINORAir eta I,Oti - - 'CHAPTER 4 OF YHE CODE OF ORDINANCES OF THE CITY OF DENTON PRO- VIDING AFHIDA~'(TOH'PUIfI.1SIiEIi'rU ` REOULA- T)ONSANDRFEE$ FOR I KTBLICATION OF LEGAL NOTICE ~ DEAD ANIMAL PICKUP AND DISPOSALr PRO•. t - NI61TINO DISPOSAL OF CARCASSES ON PUpLIC 3 PROP YP RRTw OR PRO. Filed the _rlny PERT OF PROVIDINGNFDA A PENALTY FOR VIO. ) 19 LAtMN tHEREOFj sta. 1 - PIA LINO ALL ORDI• { NANCZS IN CONFLICT j AND PROVIDING FOR AN EFFECTIVE DATE OR INOVEMOER4, IM, i CAIrbIU AI1En i R} _ Deputy f r . .A ~ „ r i ay r r ~ ~ ay 4,\i n\ ,.4 r ~ n 1 ' C } ~ :;r fe1 ~ .M ~1 ~ a b.\ 1 \a i~ t '7'"d w A iJ l''e "t . l a b ~ a f/yln yam( rde e• l t. v 1 ril S r,.1 ~~~41.1 i 1I t'Fr 4 }r \ IQ,, t.\ ~I\ r1S 1 114` 1~~~ , 1~~ 4~~f.~I j} ~.l~~I~a y~I 11~.A~'}\?.y{' rb~ I;I~'a- A ~.,L rp ~,,r'~rf ~ ~r "n ~l . v R i ' ~ t ( ° s 1~ n'.1 7 A~I ~.1q N Gf1 Xi b~l~• ~ 9r ~L eh . 4"~k 141 'l~l~ wJ>,w r )~,~F4Syr i d r i . t 4. Y ~ rj ti 1 ti t ~ ~ ~ ~Y r n /,'~dy A>r i . ti d w p i dAJ.y a~~ w t r Y4 ire ~4~ u t Q1 J } 'C` Ye ;k. M a II Y,. . ~ 4 k r 14 4 d'I' " S} ar,"i ~ 4 del. ~l '.r k ?I. 1l', o d.n r 1''°. i ' k'f i s at r<~''k I u! yf .'~,(i 4 ( ~}}4 eM! Ag y w rS'• 'F4~ r y e 1 r v 1 r, rv A 4 . ~ /t 7 d"~gkpy • ~Y~~r~T~~~~5 M1 t' ~.r. .rt 4` p, '~~...r~ f it it wia x, d !,~+~~?r rty ~y~ i.~ aS. F~~'h~.ir ~ r L / 1 ~ 1 . NO. AN ORDINANCE PROVIDING THE ABANDONMENT OF A UTILITY EASEMENT WITHIN THE CITY OF DENTON AND AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED CONVEYING ALL RIGHT, TITLE AND INTEREST OF THE CITY IN SAID EASEMENT TO THE OWNER OF THE TRACT OF LAND CONVBYED BY SAID EASEMENT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton, Texas, acting pursuant to law, and upon the request and petition of the grantee herein, deems it advisable to abandon and convey the hereinafter described tract of land to grantee and is of the opinion that said utility easement is not needed for public use, ai and that same should be abandoned and quitclaimed to John R. Fields and Birda L. Chavers as hereinafter provided; and WHEREAS, the City Council of the City of Denton, Texas, is of the opinion that the best interest and welfare of the public will be served by abandoning and conveying the same to John R. Fields and Birda L. Chavers for the consideration hereinafter more fully set forth; NOW, THEREFORE, I BB IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTON: SECTION I. That the following described tract of land in the City of Denton be sad the same is hereby abandoned, vacated and closed insofar as the right, title and easement of the public are concerned: Being a portion of Lot 14, Block D. Willowwood West, an Addition to the City of Denton, Denton County, Texas, according to the Replat recorded in Cabinet B, Page 130 Plat Records of Denton County, Texas, and Being the north six (6) feet of the west four (4) feet of a certain sixteen (16) foot by thirty (30) foot easement located in the southeast corner of said Lot 14, Block D, as shown on the plat thereof. SECTION 11. That the Mayor and City Secretary are hereby authorized to execute and deliver that certain quitclaim deed attached hereto and incorporated herein conveying said utility easement y described therein to John R. Fields and Birda L. Chavers. PAGE ONE q~g SECTION III. That portion of the public utility easement herein described being vacated, abandoned, and closed is made subject to all existing zoning regulations and deed restrictions, if any, and subject to all existing easement rights of others, if any, whetf,er apparent or not. SECTION IV, This ordinance shall take effect and be in full force and effect from and after th:o date of its passage, and it is so ordained, PASSED AND APPROVED by the City Council of the City of Denton, Texas, this the 23rd day of November, 1982. BA As AOFITJ DE TON, TB I ATTE B I G, D EP CITY SECRETARY CITY OF DBNTON, TEXAS APPROVED AS TO LEGAL FORM C, J. TAYLOR, JR., CITY ATTORNEY CITY OP DENTON, TEXAS BY: o- ,x n i PAGE TWO } 1 1 ~ / That THE CITY OF DENTON, TEXA'S 1 , h Of the County of Denton and State ofx Texas for and in consideration of the sum of TEN AND NO100 ($10.00) DOLLARS y, 6 I to it in hand paid by JOHN R. FIELDS and BIRDA L. CHAVERS q; of the County of Denton and State of Texas , the receipt of which r is hereby acknowledged, do es by these presents BARGAIN, SELL, RELEASE, AND FOREVER ~N 1 J~ QUIT CLAIM unto the said JOHN R. FIELDS and BIRDA L. CHAVERS, their 7cA heirs and assigns, all its right, title and interest in and to that certain tract or parcel of land lying in the County of Denton , State of Texas, described as follows, to-wit: Being a portion of Lot 14, Block D, WILLOWWOOD WEST, an Addition to the City of Denton, Denton County, Texas, according to the Replat recorded in Cabinet B, Page 13, Plat Records of Denton County, Texas, and Being the North six (6) feet of the West four (4) 'feet of a certain sixteen (16) foot by thirty (30) foot easement located in the Southeast corner of said Lot 14, Block D, as shown on the plat thereoft It is the intent of the grantor herein to abandon the above described portion of the said easement as the same is shown on thA recorded plat of the Addition. The mailing address of the Grantees herein is 1806 Highland Park Road, Denton, Texas, 76201 i TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privileges and appurtenances thereto In any manner belonging unto the said JOHN R. FIELDS and BIRDIE L, CHAVERS, their heirs and assigns forever, to that neither Grantor the said City of Denton, Texas, nor its successors, nor *Ak Axk*.wm any person or persons claiming under it shall, at any time hereafter, have, claim, or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. the exli ~tion h~eof Denton, Texas this 14 day of October , A. D. 19 82. Wham at request of Grantor: CITY „OF~DENTOK1 TEXAS ~'.a'1'.AY.W.YY..YY.YNM.YY. Y.Y.YYY.....YY..YYY.YYYYYYYY ~r~.s..y ...............YYi.....YY...yYNN... Y.. Y.... Y.. Y.. Y.YY....NY...... RI CRAW) 0, STEWART, MAYOR ~ •I T. ~YY•tV ,{~LTII Y.YYYY. Y..YYY..YYMYY.. YY.Y..N...YY....Y....Y.....Y...YMMM..NY..YYMYY.y.YM.IYN.M....NrY . i 1 It I min min Addition, an addition to the City of _ s Teuaa, taccoedt" to iho pht recorded to Vokama at page-1 --of the Napiwab It"Ordf Tern. -7 all f 3 1 r. , Y L a •a t . ~ ~ r. r e p, 7. 40 1 01, e..'- A FT' r"~ i ~ d~ 25)E 0/ •Il~ 'r ~,a ~~J f~ ~,'i ,i ~01 t ' T {YN t f .f~,'r a 'er c,4, " . v ~a•' 14,0' ~ w S ...c~.ri. il! ~ t }i ss 7-4 lot '0 Via-. t' . ntip ({,Jj it ~Ja p` r a ..•S CJ'.5 i ev E ay~-~•M ~•!•!iyl~Y ,pry '~faYT . AL t"rte V~ e'. 't~+~Jt1T 1 t /10 r ,~t~ 0/i~ `f ti ANA i~'iR+t~,,~tti,4y1~ t i. " r • r,, i ~ , ^•IJ t 1/ l (1-ht r T `y ' n - , a .,y y~ • 7,•^"<1 1 a _..vw ..M.M. a Fy r A r I r Yn rl r is . !C 'I/ Y o f r y' ( 1 ,i L, i r t ) u 1' i.. Is.. " 4 rr l : y M1 t+ , 3 r r ~ 1 ! 3j1 atf .,H r ~ ~ f ! r a y rV a 1, { 1 ~J y rr.1 l , ~ . M,'1~1fT, tr• Rti1s. a f, ray } v ',1 . , ;14 e,i° jl, • ti,. ,f. '~+~'~,r,t ~ y '.cir~ ~t~Ni I 7 ~ L~~ r-• S~~Yr~r~J' rl r,7yr..~,11 ry ! f„~ ,.y~~ Y~.~ A a r i)~f r ray ~y 1 ~It E. i r~~• 4P'~ f1,((lMll~! ~L( 7 F'~' J'`J•'k/T t (/+f~, f S . ' iy" y1? 1 Ritilf~ rt1wOMl>~/ r J, * 'oafj,rt~ DtolertaON ~ • ~ WWI fttktr o'r uA r ; t Tf'I 1f0 P ; 11N1N7S i r I a I i ! 1+'~- 1 r !'t,r 3~~. Y r..Fel• .f t 1 a1 ate a ,•''Y' j~ ~ ~~1 rA t ire ,1 . ~ `-~~.J. 5f y , j 'gjs♦ ~ir ~ t4.~ r~ Y ~ ' ~ . I , t r ' ,r a sfw . ! w tie I N!11~~'f F 6111~v~ti Pitt° t ~,~Y+n v~rF. I . ! 1 .•%a~ P; I'''~t~~µ~~++~ f! , ! 'a'V t 1 r ~,i Yrr, y F.)-, 1'n T~ai"Irf"'~`• i ~ P'yJ. ~lr a pYN7r ,"tR{F 'Fr r i•(. `Y r S8t . L~ a ri f~l , 0 3. .^fLr Y1 1 rti. fh' , 'l 'S,:- ~ ~'~.~5".~' St,'f`) t~rt:ai~ ti y ~l ~,~t~. ~ ~ ; 1;" A CIO P f 0.1 i' i' IN THE MATTER OF CITY OF DENTON (Charlotte Allen) THE STATE OF-TEXAS Roy Appleton, Jr. G,unty of Denton being duly sworn, says he is the General Manager of the Denton Record - Chronicle, a newspaper of general circulation which has been continuously and regularly published for a period of not less than one year in.the County of Denton, Texas, preceding the date of the attached notice, and that the said notice was published in said paper on the follow- ing dates: No. 82-89 regulations & fees for dead animal pickup A disposal 25 lines $20.00 October 27 & 28P 1982 Subscribed and r4w(•rn to before me this 28 _ day of October I9 82 Witness my hand and official seal, Notary Public, Denton County, Texae 1 , 1 HERE PASTE Tit E NOTICE BY F'HI• No. PUIILICATION cur 1 1{Om PAPFR IN THE NIXITER OFTHE AN 01110INANill • OINO AR1;IC,L'EIOF CHAPTER i OF Nd CODE OF ORDINANCES OF THE CITY OF DENTON PRO- O' AFFIDAVIT OF PUBLISHER TO CI YID4NO FOR,REOULA. PUBLICATION OF LEGAL NOTI(:H; TION3 AND : FEES FOR DEAD ANIMAL PICKUP PRO HIBITINO DISPOSAL OF CARCASSES ON" PUBLIC t ploy Flll d hr PROPERTV;OR PRO. PERTY OF ANOTHER: PROVIDIO PR PENALTYNFOROVIOA 19 LATION THEREOFI'RE• P8~j.LINO ALL 09011 ANtl p SDy1DIkO FOlt AN EFFECTIV4 GATE OF NOVEMd E p 1,19><4. .CfsrI0116A)IM S C, Socnlery - I Drpulq I i I I, i ~ 11 F NO. AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 4 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON PROVIDING FOR REGULATIONS AND e; FEES FOR DEAD ANIMAL PICKUP AND DISPOSALI PROHIBITING DISPOSAL a, OF CARCASSES ON PUBLIC PROPERTY OR PROPERTY OF ANOTHER; s' PROVIDING FOR A PENALTY FOR VIOLATION THEREOF] REPEALING ALL ORDINANCES IN CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE. f',r THE COUNCIL OF THE CITY OF DENTON, TEXAS, HERESY ORDAINS: PIS SECTION 1. Article I of Chapter 4 of the Code of Ordinances of the City of Demon is hereby amended by adding thereto a new Section 4-34 p. a to read as follows: "Section 4-34. Dead Animals= Pickups Regulations and Fees. (a) It shall be unlawful for any person to place, put or leave a dead animal upon a public place, k street or right-of-way or upon property of c„ another person without the other person's consent. (b) Al]. veterinarians and residents shall be charged a fee of Five Dollars ($5.00) for each trip by city employees to pickup one or more dead animals. All dead animals shall be placed in a sealed plastic bag prior to pickup by city employees. Any veterinarian requesting pickup of a dead animal shall, in order to receive pickup service for animals weighing over thirty-five (35) pounds, provide loading assistance to city employees at the time of pickup. (e) All veterinarians and residents bringing dead animals to the City's Animal Control facility Khall be assessed and pay a Three Dollar ($3.00) disposal fee per trip prior to acceptance of the carcass(es) for disposal. (d) It shall be unlawful for any person to place or leave an animal carcass at the City's Animal Control Center except at times when such Center is open to the public and a city employee is available to receive such carcass." SECTION II. That any person violating any of the provisions of this ordinance shall, upon jonviction, be fined a sum not exceeding Two Hundred Dollars ($200.00); and each day and every day that the ;provisions of this ordinance are violated shall constitute a separzte and distinct offense. This penalty is in addition to PAGE 1 No- i • 1 1 and cumulative of, any other remedies as may be available at law I . and equity. SECTION III. r, All ordinances or parts of ordinances in force when the provisions of this ordinance become effective which are inconsis~ent or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. SECTION IV. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chroniole, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASS.-POD AND APPROVED this the =day of October, 1982. 17 I HARD 0. STE , MAYOR CI $Y OF DE TON, TEXAS ATTES s AL VICKI WESTLING, DEPU CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMi Co Jo TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS By I CL - C~ PAGE 2 w ct w e . . "F^ al~„ ~.n ~ y 5 S au `nab .1 r'h ~a 'a'.~t! ` «t 1~` i ~Y ~ 4 ~ n 4 rr S~Y} ,ryi'r 1 'h'~f 'i:~dr 83 r~ x 14a *V ~1 M Y1V~v ^'~tl S' i ~ ~r. J{~' 2 ` j "F I Jra. F 1 .S t " \ { 1 ~ iH 1 i C n ( Y' ~ tin} r. ,y ~A' ~i„ ~v h4~^ 'G ~yti rs ~r9 M}~. 9L ~1s~4 e~'~ SIt• "rFWJ~if '~t"~.fJ J ~~~F"~ ~r Y.}s~'Y y't~p~a}~fi~t~F {dYi'~ 7S">~ J' f j$'! Fw ~ Ui,~~. w l h t ~ :j[ t " t,. J 'l r n ;S ~r ♦v '4 r TSi ~~•'d ~ r ?i }a n F ~,G~ ...y,~,~ i i wig i~i ~ wt' t~~ . ~ ~ a Yt+,{" ~~,1 h ,y,°. t fr, NO. s AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING THE 1982 C APPRAISAL ROLLS AS APPROVED BY THE APPRAISAL REVIEW BOARD OF THE DENTON COUNTY APPRAISAL DISTRICT. THE COUNCIL OF THE CITY OF DENTON, HEREBY ORDAINS: SECTION I. } The 1982 Tax Assessment Rolls in the amount of $1,085,002,008 of the City of Denton, Texas as approved by the Appraisal Review Board of the Denton County Appraisal District are hereby approved, PASSED AND APPROVED this the day of October, 1982. r I RD 0 STEP , MAYOR CI OFD.NTO,N, TEXAS ATTEST: CHARLOTTE LEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: I ► Y 00 b O r~~D v Y y L. ~ Y t t '~rS~f~ d;ii ~ i i F VJ v'a++t tpJ~~ ~L `k 3 et ~ r ~ J t J r a e1 t +T 3~ ❑ l A 8 f v ti . q Cj~ - ~J a r { a+ a'.; aa, 1 4~ t) •r,R I. Ja y,~/~~. y ri J I i S~•Y * ~ ♦ U c~D y1 iy~ r { r a • NO. AN ORDINANCE SETTING A DATE, TIME AND PLACE ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF DENTON, TEXAS, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARING. THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. On the Q ay of 1982, at 4, ,30 o'clock along the west side of F.M. 1830 (Country Club Road) adjacent to a wooden fence located approximately 1350 feet south of the intersection of Hobson Lane and F.M. 1830, the City Council will hold a public hearing giving all interested persons the right to appear and be heard on the proposed annexation by the City of Denton, Texas of the following described property, to-wit: All that certain lot, tract or parcel of land lying and being situated in the County of Denton, State of Texas, and being part of the T. Martin Survey, Abstract No. 900 and the B.B.B. & C.R.R. Company Survey, Abstract No. 196 and being more particularly described as follows: BEGINNING at a point in the present city limits, said point lying in the west right of way line of F.M. 1830, said point also being the northeast corner of the land as described in Annexation Ordinance No. 81-79; THENCE south 89013' west along the present city limits a distance of 1079.6 feet to a point for a corner, same being the intersection of the land as described in Annexation Ordinance No. 60-40 with the land as described in Annexation Ordinance No. 81-79: THENCE northeasterly along the present city limits, an approxi- mate distance of 1989.23 feet to a point for a corners THENCU east along the present city limits an approximate distance of 2404.22 feet to a point for a corner, same being the northwest corner of the land hs described in Annexation Ordinance No. 74-6s THENCE south 0007140" west along the present city limits a distance of 1231 feet to a point same being the southwest corner of the land as described in Annexation Ordinance No. 74-6 and the northwest corner of the land as described in Annexation Ordinance No. 79-611 THENCE south 0007143" west along the present city limits an approxim&te distance of 350 feet t- a paint for a corner, same being the northeast corner of the lan! as described in Annexation Ordinance No. 80-121 THENCE south 89034146" west along the present city limits a distance of 2616.76 feet to a point for a corner, said point lying in the east right of way line of F.M. 18301 THENCE south 1019' east along the present city limits and the east right of way line of F.M. 1830, a distance of 40.91 feet/ THENCE south 89046135" west a distance of 40 feet to a point for a corner, said point lying in the centerline of F.M. 18301 COUNTRY CLUB ROAD/F.M. 1830-PAGS ONE t ALI THENCE south 0054'40" east along the centerline of F.M. 1830 an approxiate distance of 355 feet to a point for a corner, same being the easterly northeast corner of the land as described i- Annexation Ordinance No. 81-79; THENCE north B9053' west along the present city limits a distance of 40 feet to a point for a corner; THENCE north 0054140" west along the present city limits a distance of 576.42 feet to the place of beginninq and containing 111.72 acres of land, more or less. SECTION IT. The Mayor of the City of Denton, Texas, is hereby authorized and directed to cause notice of such public hearing to be published once in a newspaper having general circulation in the City and in the above described territory not more than forty days nor less than twenty days prior to the date of such public hearing, all in accordance with the Municipal Annexation Act (Article 970a, Vernon's Texas Civil Statutes). SECTION III. This ordinance shall be in full force and effect immediately following its passage and approval. A - PASSED AND APPROVED this the day of , 1982. *1H RD 0. STEWA MAYOR gka OF DYNTON, TEXAS ATTEST: CHAR OTTE ALLEN, CITY SECRETA--RY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: A . le-, n 7 COUNTRY CLUB ROAD/F.M, 1830-PAGE TWO r 1 7 . f 1 n N f 9 rA 1 • 1 / r . r 1 C 1, . NO. __~1L~ - a w AN ORDINANCE SETTING A DATE, TIME AND PLACE ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF DENTON, TEXAS, AND ' AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARING. •Ff:. THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. A ~n On the ' -day of P4 {x l 1982, at 7; Q0 o'clock P.M. in the City Council Chamber of the Municipal Build- ing of the City of Denton, Texas, the City Council will hold a public hearing giving all Interested persons the right to appear and be heard on the proposed annexation by the City of Denton, Texas of the following described property, to-wit: All that certain lot, tract or parcel of land lying and being situated in the County of Denton, State of Texas, and being part of the T. Martin Survey, Abstract No. 900 and the B.B.B. & C.R.R. Company Survey, Abstract No. 196 and being more particularly described as follows: BEGINNING at a point in the present city limits, said point lying in the west right of way line of F.M. 1830, said point also being the northeast corner of the lend as described in Annexation Ordinance No. 81-79; THENCE south 89013' west along the present city limits a distance of 1079.6 feet to a point for a corner, same being the intersection of the land as described in Annexation Ordinance No. 60-40 with the land as described in Annexation Ordinance No. 81-79: THENCE northeasterly along the present city limits, an approxi- mate distance of 1989.23 feet to a point for a corner; THENCE east along the present city limits an approximate distance of 2404.22 feet to a point for a corner, same being the north- west corner of the land as described in Annexation Ordinance No. 74-6; THENCE south 0007140" west along the present city limits a distance of 1231 feet to a point same being the southwest corner of the land as described in Annexation Ordinance No. 74-6 and the northwest corner of the land as described in Annexation Ordinance No. 79-61, THENCE south 0007143" west along the present city limits an approximate distance of 350 feet to a point for a carne'-, same being the northeast corner of the land as described in Annexation Ordinance No. 80-12; THENCE south 89034146" west along *_;e present city limits a distance of 2616.76 feet to a print for a corner, said point lying in the east right of way line of F.M. 1830= THENCE south 1019' east along the present city limits and the et,st right of way line of F.M. 1830, a distance of 40.91 feet; THENCE south 09046135" west a distance of 40 feet to b point for a corner, said point lying in the centerline of F.M. 1830; THENCE south 0054140" east along the centerline of F.M. 1830 an approxiate distance of 355 feet to a point for a corner, same COUNTRY CLUB ROAD/F.k: 1830-PAGE ONE j being the easterly northeast corner of the land as described In Annexation Ordinance No. 81-79; • THENCE north 89053' west along the present city limits a distance of 40 feet to a point for a corner; y - THENCE north 0054140" west along the present city limits a distance of 576.42 feet to the place of beginning and containing 111.72 acres of land, more or less. i SECTION II. The Mayor of the City of Denton, Texas, is hereby authorized and directed to cause notice of such public hearing to be published once in a newspaper having general circulation in the City and in the above described territory not more than forty days nor less than twenty days prior to the date of such public hearing, all in accordance with the Municipal Annexation Act (Article 970a, Vernon's Texas Civil Statutes). SECTION III. This ordinance shall be in full force and effect immediately following its passage and approval. /'d-fay PASSED AND APPROVED this the of , 1982. I H RD 0. TEWAR , MAYOR CI Y OF D TON, TEXAS ATTEST: Al j -S 2jj 4 CHARLOTTE ALLEN, CITY SECRET 07 CITY OF DENTON, TEXAS j APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS By t C~ le-,v J COUNTRY CLUB ROAD/F,M. 1830-PAGE TWO .y_ r P ~ • Q..~ w N ~ ~r. ~ r/ r ek s<, F l4 ~ rh y N ,p 7 ~ St rV r l ~ nil ~.b . '~t J ~ / Ih Y 1 I ' 1 R J ji "A n t`r L `C ~,v 1'?Y ~ '\p Y/•t ~rl~t T)~ ~ r Y Y 4, x V a 7 IDS I y J 71 Y 'sib r ,P4. ~ 1~'~T9.{ `M1:(~1 r h A„ t M1) J M1 M11 YtV f t5 ~'F r;,; ' r it;~ i) ! r~ W 4 4' VT ~ 3 f 4'Y fl K I 4t .~Ya YS!"a 1 .M tS ~V i '1 'f f' }b'JY s ,3~- b4 y ♦ i,I ♦ L l~ r ~r 4 y( f 1 yy , y' lib., Je~'ir igi,S Ty 4* `w.. J' "4 ` r s Q' ° p~7rA Zi:C 1 1 f ;1 ~r b' t r-3L. ,/y' - ~Y'' t . . ~.,yy{`'+ ' ! ~'~xr YV'LJ~~6 zi~a# ♦.ar}S~ J. kJ~ 4 1^P ~..b J'~. ~~4. ~ ii i NO. AN ORDINANCE SETTING A DATE, TIME AND PLACE ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF DENTON, TEXAS, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLZFH NOTICE OF SUCH PUBLIC HEARING. yr THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. ti y c., On the ~,O day of 2982, at DO O'clock on the east side of Mayhil Road approximately 250 feet south of R the intersection of Mayhill Road and Page Road, the City Council will hold a public hearing giving all interested persons the t, a right to appear and be heard on the proposed annexation by the City of Denton, Texas of the following described property, to-wit: All that certain tract or parcel of land lying and being situated A' in the County of Denton? State of Texas, and being part of the G. Walker Survey, Abstract No. 1330 and being more particularly described as follows: BEGINNING at the most northerly northwest corner of present city limits as established by Ordinance No. 78-38, said point lying in Mayhill Road and in the west boundary line of the G. Walker Survey, Abstract No. 1330, said point also being the southwest corner of a tract of land conveyed to Andrew Corporation by deed dated September 8, 1978 and recorded in Volume 912, Page P04 of the Deed Records of Denton County, Texas= THENCE north 4013144" east along the west boundary line of said survey and in Mayhill Road a distance of 719.12 feet to a point, said point being the northwest corro~r of a tract conveyed to Andrew Corportion by deed recorded in Volume 912, Page 821, same being the southwest corner of a tract conveyed to Allan Mobile Homes, Inc. by deed recorded in Volume 1161, Page 57u of the Deed Records of Denton County, Texas; THENCE north 2025130" east along the west boundary line of said survey and in Mayhill Road, same being the west boundary line of said Allan Tract, a distance of 1140.8 feet to a point for a corner, said point being the northwest corner of said Allan Tract and the intersection of Mayhill Road with the centerline of a County Road to the east; THENCE south 88029' east alone, the north boundary line of said tract, said being the centerline If County Road, a distance of 1489.1 feet to a point for a corner, said point being the northeast corner of said tract; THENCE south 2006' west along the east boundary line of said tract, same being the center of a County 'toad, a distance of 1154.4 feet to a point for a corner, said point being the southeast corner of said tract; THENCE north 87057130" west along the soul:h boundary line of said tract a 9istance of 28.94 feet to a point for a corner in said County Read same being the northeast corner of said Andrew Tract; THENCE south 403415711 west along the east boundary line of said Andrew Tract a distance of 735.64 feet to a point for a corner, said poin' lying in the present city limits as established by Ordinance 78-38; ALLEN MOBILE HOMES, INC./A'VDRFW CORPORATION-PAGE ON3 1 5 Y t THENCE north 87048156" west along the present city limits a distance of 1026.01 feet to a point; THENCE north 86009' west along the present city limits a ti. distance of 435.6 feet to the place of beginning and containing 63.89 acres of land, more or less. X SECTION II. ; The Mayor of the City of Dentons. Texas, is hereby authorized r~ and directed to cause notice of such public hearing to be published once in a newspaper having gf-neral circulation in the City and in the above described territory not more than forty r; days nor less than twenty days prior to the date of such public: ' hearing, all in accordance with the Municipal Annexation Act .j (Article 970a, Vernji's Texas Civil Statutes). SECTION III. This ordinance shall be in full force and effect immediately following its passage and approval. PASSED AND APPROVED this the -~ay of , 1982. J17j HARD O. TEWA , MAYOR CI Y OF D ?VON,. TEXAS ATTEST: 4.0 i CHARLOTTE ALLEN,. CITY SECRETARY CITY OF DENTON,. TEXAS APPROVED AS TO LEGAL FORMS C.. J.. TAYLOR,, JR., CITY ATTORNEY CITY OF DENT We TEXAS BYs ALLEN MOBILE HOMES,. INC./ANDREW CORPORATION-PAGES TWO 1 1 tia a~ r ~ l ~ 1 + w 1 1 r ~ ~ '1 r ~ f ~ r ~ r r y G ✓j Y i f u . t iJ 1 W . tit r . i.a, rC 4v, w f ~ a rr 1 d 't r v e 1 f 4 1~ ; I NO. AN ORDINANCE SETTING A DATE, TIME AND PLACE ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF DENTON, TEXAS, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARING. THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. 3 On the 9~' day of 1982, at o'clock P.M. in the City Council Chamber of the Municipal Build- j ing of the City of Denton, Texas, the City Council will hold a public hearing giving all interested persons the right to appear and be heard on the proposed annexation by the City of Denton, Texas of the following described property, to-wit: All that certain tract or parcel of land lying and being situated in the County of Denton, State of Texas, and being part of the G. Walker Survey, Abstract No. 1330 and being more particularly described as follows: BEGINNING at the most northerly northwest corner of present city limits as established by Ordinance No. 78-38, said point lying in Mayhill Road and in the west boundary line of the G. Walker Survey, Abstract No. 1330, sail point also being the southwest corner of a tract of land conveyed to Andrew Corporation by deed dated September 8, 1978 and recorded in Volume 912, Page 804 of the Deed Records of Denton County, Texas; THENCE north 4013144" east along the west boundary line of said survey and in Mayhill Road a distance of 719.12 feet to a point, seid point being the northwest corner of a tract conveyed to Andrew Corportion by deed recorded in Volume 912, Page 821, same ' being the southwest corner of a tract conveyed to A1.lan Mobile Homes, Inc. by deed recorded in Volume 1161, Page 570 of the Deed '1F Records of Denton County, Texas; THENCE north 2025130" east along the west boundary line of said survey and in Mayhill Road, same being the west boundary line of said Allan Trac " a distance of 1140.8 fFet to a point for a corner, said point being the northwest corner of said Allan Tract and the intersection of Mayhill Road with the centerline of a County Road to the east; THENCE south 380291.east along the north boundary line of said trau4, said being the centerline of County Road, a distance of 1489.1 feet to a point for a corner, said point being the northeast corner of said tract; 11A THENCE south 2006' west along the east boundary line of said tract, same being the center of a County Road, a distance of 1154.4 feet to a point for a cc-:ner, said point being the southeast corner of said tract; THENCE north 87057130" west along the south boundary line of said tract a distance of 28.94 feet to a point for a corner in said County Road same being the northeast corner of said Andrew Tract THENCE south 4034057" west along the east boundary line of said Andrew 'tract a distance of 735.64 ^.eet to a point for a corner, said point lying in the present city limits as established by Ordinance No. 78-381 - ALLEN MOBILE HOMES, INC./ANDREW CORPORATION-PAGE ONE i THENCE north 87048156" west along the present city limits a distance of 1026.01 feet to a point; THENCE north 86009' west along the present city limits a distance of 435.6 feet to the place of beginning and containirg 63.89 acres of land, more or less. SECTION 11. The Mayor of the City of Denton, Texas, is hereby authorized and directed to cause notice of such public hearing to be published once in a newspaper having general circulation in the City and in the above described territory not more than forty days nor less than twenty days prior to the date of such public hearing, all in accordance with the Municipal Annexation Act (Article 970a, Vernon's Texas Civil Statutes). SECTION III. This ordinance shall be in full force and effect immediately following its passage and approval. PASSED AND APPROVED this the ay of , 1982. I HARD 0/STEW4ATr MAY CI OF D , TEXAS ATTEST: CHAR OTT ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS d BY: ALLEN 140HILE HOMES, INC./ANDREW CORPORATION-PAGE TWO tea, .,I V ~ ~ . ~ ~ ~ ! ~ ~i~ ~ ~ r V ~ ~ ''t7 4 U, tJ~i- f x' IN THE MATTER OF CITY OF-DEVON (CHA'LOTTE ALLEN) ' THE STATE OF TEXAS Roy Appleton, Jr. County of Denton being duly sworn, says he is the General Manager of the Denton Record -Chronicle, a newspaper of general circulation which has been continuously and regularly published for a period of not less than one year in.the County of Denton, Texas, preceding the date of the attached notice, and that the said notice was published in said paper on the follow- ing dates: 82-82 Prohibiting Parking of vehicles on Clifton Street 26 lines $20.80 October 19 & 20, 1982 Subscribed and sworn to before me this 20 day of 0_, tt o b e r -$19 82 Witness my hand and official seal. Notary Public, Denton County, Texas IN THE MATTER OF CITY OF DENTON (CHARLOTTE ALLEN) THE STATE OFTEXAS Roy Appleton, Jr. County of Denton being duly sworn, says he is the General Manager of the Denton Record - Chronicle, a newspaper of general circulation which has been continuously and regularly published for a period of not less than one year in.the County of Denton, Texas, preceding the date of the attached notice, and that the said notice was published in said paper on the follow- ing dates: 82-80 Regulating the operation of taxicabs in Denton 22 lines $17060 October 19 & 211 1982 A I I r Subscribed and sworn to before me this 21 day of October -91 82 Witneals my hand and official sea , Notary Public, Denton County, Texas - "o r, Pt r1112C° I~~1 [CGmN~ m r ' <j ' O X Max l1 *z! <~Dx~ia~immiNAXAMi r Z m=> (A-4 ic to f"> 0 ~ws~zs~msms"~'Omsmz ~i°9r~n Z D AlOO~Zr 7laf2xm>zJ,~ xo A .1 A <mm aia a~si-+"~YC~z C~ E~A.00>iOZwzoo moza2. tIM1 b~ ~o ' = a nC' x OM ~O 0 b -3 nr p r' O ~1 M r a r3o M<z In $0 00 ~ aR F'Oy mA CA M-4 Al Z ~ J f zo a 'v rx ,M ♦i 1 `+1 ~M,a V f„ '(i T n'(' r ♦ r"*;Fl V. ~f 4 ix E I [ '~~a II i Yr.A. {w~' 1 fir "F T ti,. ~ , y~~'1 A a r ~ A V da V i ~'t~i ♦ d w d' ..Rt ~ ~fe e~~{{1 J~'~. r •~JY r n 1'.n t s~ 'fit 4 d ~ x54 Y~ ~ Txt.. {V♦ f; ~ v tA~! ) q .'k YA F yt ~ 2 1. ~F~'7 } YT w~ t L5j ~.H "~~irT4x~ 4 i"' ~~~i) ~9 ti i~' ~TF•r'~ I ~~,~a ~'~4'.~~ ~'k +'jtS i`"~'~,Zt J ~ oV ~ f 1t y~ p♦ ~ [,~~j ~wN' va 4 .j.~~~+~F V - ~ ' ~Y ~~S' }.w~ ~y, ti' ,Lt "~~'Nt ~ ~~.G }y ri.` ~sro~ ~ ia~ i~ i ~~~~~xi~~,. t~$ ~ ~ r~X`i~. Se7~yf y~ltd ~ f~~J~ hTt .;~.F ,tb Ti adv.. • ~a w ' a AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTONr TEXAS,, AS SAME WAS P.DOPTED AS AN APPENDIX TO THE CODE OF DINANCE No.. 9-lo ORDINANCES OF THE CITY OF DENTON,- TEXAS,- BY 0 2R88N ACRES OF GLAND AND AS SAID MAP APPLIES TO APPROXIMATELY i 927, THE M. L.- OUT OF THE M.E..P.- 6 P..R.,R.• SURVEY, ABSTRACT NO., SURVEY,- ABSTRACT NO. 4,. AND THE M. YOACHAM SURVEY, ABSTRACT NO. 1442, DEMON COUNTY, TEXAS; AND MORE PARTICULARLY DESCRIBED HEREIN] AND DECLARING AN EFFECTIVE DATE. a THE COUNCIL OF THE CITY OF DENTON,, TEXAS,,HEREBY ORDAINS: SECTION I. The Zoning Classification and Use designation of the following described property, to-wit: i ~ All that certain tract or parcel of land situated in the M.E.-P.- 6.P.,R..R., Survey,. Abstract No. 927, Denton County,, Texas, being part of the Second Tract of a deed conveyed by J.- R.. Earle, et ux to Delbert T. Cruze on April 18, 1941, recorded in Volume 1 290, Page 155, Deed Records of said County, and being more particularly described as follows: of noutheast the Channel of Pecan Creekdescribed Second BEGINNNGat th Tract in the center THENCE west with the center line of Pecan Creek the following 5 courses and distances: (1) north 84004.' west 171.73 feet, (2) south 78050.'24" west 247.69 feet, (3) north, 83081(5)" south west 384.79 feet, (4) south 840371 west 298.1 71017' west 311.7 feet to the east right of way of Loop 288; THENCE north 1015' east with said east right of way 370.3 feet to a right of way post; THENCE north 1037' west 200.2 feet to a right of way post; THENCE north 1015' east with said east right of way 1530.0 feet to a right of way post; sowith said uth line of right THENCE north S1n the east East McKinney,Str et; to a right of way Post o THENCE south 65025' east with said McKinney right of way 80.9 feet to a right of way post THENCE south 61057' east with said McKinney right of way 304.0 feet to a right of way post THENCE south 62030' east with said right of way 56.0 fee4. to a fence corner; THENCE south 21041110" west 194.49 feet to a fence corner; +t; 11 THENCI3 south 62046140" east with a fence 467.5 feet to a fence . 4 , corner; THENCE north 29000140" east with a fence 191.0 feet to a fence corner on the south right of way of McKinney street; THENCE south 61059' east with said McKinney Street right of way 458.6 feet to a right of way post; Z-1540/FRED H.. DEAL-PACE ONE 1rw.;~p\a/MO.F~►.MIOrR+►M~.w.vs-a'Mr•~rwrw+r erina~ew.. w.......e w.e........~w; .~.w~'°...~.•••~••~•.~.••• 1 1 . pW 1 fY VV ~l I I THENCE southeasterly with said McKinney-Street right of way and with a 3.6110 to the left 125.4 feet to a fence corner; THENCE south 1045' west with a fence 1320.0 feet to the place of beginning, and containing in all 52.351 acres of land. All that certain tract or parcel of land situated in the M. L.. Austin Survey,. Abstract No. 4, and the M. Yoacham Survey, Abstract No. 14421 Denton County, Texas, and being part of a r: Firs: Tract described in a deed conveyed by J.. R.. Earle, et ux to Delbert T. Cruze on April 18, 1931, recorded in Volume 290, Page 155, and part of a tract conveyed by C.. E. Wallace, et ux J to Deb Cruze on July 12, 19A4. recorded in Volume 306, Page 482, Deed Records of Denton County, . Texas, and being more particularly described as follows: BEGINNING at a fence corner on the south right of way of East I McKinney Road also being the northve st corner of the above described Wallace to Cruze tract; THENCE south 84020' east with said right of way 486.0 feet to a corner; THENCE south 66031120" east 213.46 feet to a corder at the intersection of East McKinney and Loop 288.1 THENCE south 1015' west with the west right of way of Loop 288 a distance of 1573.0 feet to a right of way post] THENCE south 9047' west with said right of way 200.2 feet to a right of way post; TM,f; THENCE south 1015' west with said right of way 393.7 feet to a corner in the center of the Channel of Pecan Creek; THENCE westerly with the center of Pecan Creek the following courses and distances: (1) south 84041' west 399.05 feet, (2) south 74040.' west 192.9 feet, (3) south 60056' west 391.2 feet, (4) north 45001' west 304.6.; THENCE north 83057' west with a fence 510.0 feet to a fence corner; 'I. THENCE north 1058' east along and with a fence 992.0 feet to a fence corner on the south line of said Yoacham Survey; THENCE north 89054' east with a fence 975.1 feet to a fence corner; a THENCE north 1035' east with a fence 1312.9 feet to the place of beginning and containing 60.528 acres of land. is hereby changed from Agricultural "A" District Classification Use to Planned Development "PD" District Classification and Use under the Comprehensive zoning Ordinance of the City of Denton, Texas subject to the following conditions and restrictions and Site Plan attached hereto to-wits 1,.Land uses within the planned development are restricted to the uses specifically designated on the general concept plan; specific site plan approval must be granted before development occurs within the designated land use areas; Z-1540/FRED Hv DEAL-PAGE TWO 1~ ~WGtl,Jdilcs'LL"w'lx'+♦P'wMSAr wsow.+♦sw,raw+.~ww+a~wirnasr.+rr+~.r++i~wwr~ww~•'°~+✓"°'~ w0°~~~ F 2. Specific development proposals shall conform to City of Denton requirements regarding zoning use ~Fa classifications, subdivision regulations, building codes and any other nodes related to development; i' 3. Density in multi-family areas shall be limited to 22 units per acre;, r;. 4. Density in single-family attached areas shall be limited to 10 units per acre; 5. Residential streets in accordance with City of Denton standards shall be provided for internal circulation. 6. A living screen or a six (6) foot masonry wall ! must be erected between the 10.19 acre retail area at the southwest corner of Loop 288 and East McKinney Street and the single family attached area beginning at its southern boundary when the general retail area is developed; 7. Adequate screening consisting of a living screen or a six (6) foot solid masonry wall shall be erected along any property line where general retail abuts low density single family residential housing when the general retail area is developedi r+ Ft. Any land use permitted in the general retail (GR) classification of the zoning ordinance may be developed in he areas designated as general .a; retail without amendment of the planned ''r< development (PD) ordinance; 9. If the development plans are not realized within five (5) years so that actual development includes some residential and is not limitd to general retail, the planned development will be re-evaluated and considered a candidate for possible back-zoning to a smaller size center. 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 %o show such change in District Classification and Use. SECTION II. i That the City Council of the City of Denton, Texas, hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the City of. Denton, Texas, and its citizens. SECTION III. That this ordinance shall be in full force and effect immediately after its passage and approval, the required public hearings having heretofore been held by the Planning and zoning 2-1540/FRED It, DEAL-PAGE THREE s } Commission and the City Council of the City of Denton, Texas, after giving due notice thereof. PASSED AND APPROVED this the ~ day of October, 1982. IC ARD 0. TE C, MAYO CIT OF DF TON, TEXAS I.I i ATTEST: i n _CL/H„/AR OTTE ALLFT? CITY SECRE RY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: r f 51 s , 2.1540/rAED H. DEAL-PAGE FOUR y y,r , t rt is ' r j P > m n m s v Z) a n m : r a r Z j D (11 A Ci . r z j, n „~o .zn w O ro a n rr C i , r ~ ~ rp'U In X r ,yr m ~ f r E " h rn m W n of I Ct N to N ~ r r N m b r m b m r m a ° n I z~ o r~ ~ o ~ v e o o 's Rt 1 = c > N N C7 n n tti A o m n m O a -t O ° b ~ r 4 C. n n, m 1.80 ac"Poi $P+CC ie r' J r. J O w O Gl o m m -y O a N r z t a. o m r -4-+ N ae o m ~ n r ib w v f, n O D N cZi m D M m m C0 ; 01 d O O -1 _D 0 z t Y -1 r Nia9Y iar!.p LOOP 288 O r O m r r c V m m r -j rp D 4oo+a A r in ' ~ i~ oa 2 A 0 G' , OS V 7 i ~ P ~ ~Ot 01 m ~g o a + M 3j N O+Op o~ dT = h ► '~A 015 y~, f. N N ~ W ' a 4„ ~ , N o . i,~i rq ' r t r ~ ~ 'r{ r r yr. C a x °CA i r i J; 4 ' 5 T v 'C't u a- L, ,~~y 5 ,-n '~~~t? x ]~~9^r,r5 is `yG ~p~~'•~ rn .A4 t $ t ti u#~ 47 t ~ ~ T ~ v, E10~ Jfi r)I,{ i` ~I~aTI ,1 ~r ,P ~~'"1*z•I-,(1'7' F t y .7 d j ni i ~4t~1r ~t R a~{ J4F 1rA ~r J Ai ` NO. ~ AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON THE WEST SIDE OF CLIFTON STREET FROM ITS INTERSECTION WITH DALLAS DRIVE TO ITS INTERSECTION WITH CHAMBERS STREET; AND NO PARKING ON THE NORTH SIDE OF CHAMBERS STREET FROM ITS INTERSECTION WITH DALLAS DRIVE TO ITS INTERSECTION WITH CLIFTON STREET; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. When signs are erected giving notice thereof, no person shall park a vehicle at any time upon the following street in the City of Denton to-wit: The west side of Clifton Street from its Intersection with Dallas Drive to its intersection with Chambers Street; and no parking on the north side of Chambers Street from its intersection with Dallas Drive to its intersection with Clifton Street. SECTION II. 't The provisions of Section I prohibiting the parking of vehicles shall apply at all times to the street and part of streets designated therein except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the direction of a police officer or official traffic R control device. SECTION III. Any person adjudged guilty of parking a vehicle in violation l of this ordinance shall be guilty of a misdemeanor and punished 4 by a fine not to exceed Two Hundred Dollars ($200.00). SECTION IV. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it PAGE ONE i • • r..5 f ,1 ~ 3 would have enacted such remaining portions despite any such invalidity. <<'' SECTION V. A` That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in tt- Denton Record-chronicle, the offirjal pr'tlf newspap-r of the City o: Denton, Texas, within ten (1-0) days )f the date of its passage.` l 'x PASSED AND APPROVED this the day of!_ T TAR YDNTON, TPW , MAYOR CI of TEXAS'. ATTEST: t CHARLOTTE ALLEN, CITY SECRETARY y CITY OF DENTON? TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNF7 CITY OF DENTON, TEXAS z; BY., a X,-~~ ~s PAGE TWO dr L U Ci ' r L, 7 f ~ ,+0 ° e~', 4.~ '.~M .At aa.'.f1'{ t! .v & 1~ t y4Y"yell {?.t 1.q v S[ J } `'f it* A".{✓'! .i;q ~A .ea wr, 6 } t r ,r la 'y 4 1 r t' 17 1 M 6 2 H.. Fa ~ {1 ~ 1 4,, X°~1..}, r l . y iyvS I~R R.. y x . t >t~ t a E1 f: t t rf NO ORDINANCE NO. 80-76 BY AMENDING f rAl AN ORDINANCE AMENDING SUBPARAGRAPH B OF SECTION I RELATING TO THE POLLING PLACE IN SINGLE MEMBER DISTRICT NO. 2 FOR SINGLE MEMBER DISTRICT Y ELECTIONS AND FOR CITY WIDE ELECTIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. }j~ r ' THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. Ordinance No. 80-76, Section I. Subparagraph D is hereby ,i amended to read as follows: r`4 "B. Single Member District No. 2 polling place shall be at: Fire Station #4, 2110 Sherman Drive." SECTION II. r F This ordinance shall become effective from and after its date of passage and approval SECTION III. All ordinances in conflict herreith are repealed. PASSED AND APPROVED this z .+--day of October, 1982. I ARD STEW , M YOR CI'~Y OF NTON, TEXAS t x: ATTEST: CHARLOTT ALLEN, CITY SECRETARY ~I CITY OF DENTON: TEXAS APPROVED AS TO LEGAL FORMS C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BYs n i L4 r~ . .SraJ y,1 ( i41 nf•tf i y r 14 ` ~.f~v~y Sr' V r{ v~a yi ~'k. g ^ 0.~°yl v f 2~`„ v y5 t + l v ter{ ,,tiry . 4f y' 4~: iS4 111 +1 rl / y ~ ys ~ ~11lh c}{,Sj` y 1'~1 S,Nn `s n• < ~ n, l ~ yty h'. tr ~.Y . r~.X 6l' ..7:R R "1 ~ Nr~ iynY R i4. r.. v t f, r R n a rt : fi ri s S. ' 1 . 4yt 1 rt1!+ . a NO. AN ORDINANCE AMENDING ARTICLE IV, SECTION 21-43 THROUGH SECTION 26-64 AND ARTICLE V, SECTION 24-130 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; REGULATING THE OPERATION OF TAXICABS IN THE CITY OF DENTON; PROVIDING FOR TAXICAB STANDS AND REGULATIONS THEREOF; PROVIDING FOR A LICENSE; PROVIDING FOR LIABILITY INSURANCE; PROVIDING FOR A PENALTY NOT TO EXCEED $200.00 FOR VIOLATIONS THEREOF; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: ctr SECTION I. That Article IV, Sections 26-43 through 26-64, of the Code 1 of the City of Denton, Texas is hereby amended to hereafter read as follows: ARTICLE IV. i TAXICABS Section 26-43. Definitions "City". The term "city" as used in this article shall mean the City of Denton, Texas. "Driver". The term "driver" shall be held to include every person in actual charge of the operation of a taxicab, as herein defined, whether as owner or agent, servant or employee of the "owner" as herein defined. "Owner". The team "owner" when used in this article shall be construed to mean any person, firm, corporation, association, partnership or society who has the control, direction, maintenance and the benefit of the collection of revenue derived from the operation of taxicabs on or over the streets or public ways of the city, whether as owner or otherwise, except as "driver" as herein defined. "Person". Thee term "person" shall include both singular and plural, and shall mean and include any individual, firm, corporation, association, partnership or society, and their • agents, servants o;, employees. "Street". The term "street" as used in this article shall mean and include any street, alley, avenue, land, boulevard, j PAGE ONE t i i f r `f•` drive, public place or highway commonly used for the purpose of ya yS% " public travel within the incorporated limits of the City of Denton. r. "Taxicab". The term "taxicab" as used in this article shall mean every automobile or motor propelled vehicle used for transporation of passengers for hire over the public streets of r' the City of Denton and irrespective of whether or not the operations extend beyond the incorporated limits of the City of Denton; provided, however, the term "taxicab" shall not apply to r"> motor buses operated within the incorporated limits of the City of Denton under a franchise from the city over a fixed or defined route, nor shall said term apply to motor buses regularly operated over a fixed and defined route in the city to or from points outside of the incorporated limits. "Taximeter"., The term "taximeter" as used in this article shall mean a machine adapted automatically to calculate, at a predetermined rate or rates; and to register, the charge for hire of a taxicab and sti-ch charges shall be indicated by means of figures. "Waiting time". The term "waiting time" as used in this article shall mean such times as may be consumed or lost at the special instance and request of a passenger after such passenger has first entered the taxicab to make a trip and before reaching his final destination. do charge shall be made against a passenger for any time lost on account of any other delay whatsoever. Section 26-4.4, Taxicab Licenses (a) "Required". It shalt be unlawful for any person to drive or operate, or cause to be driven or operated, any taxicab upon or over any street in the City of Denton, unless there has been obtained by the owner of and for such taxicab and existing in full force and effect, a license duly issued by the city secretary of the City of Denton as hereinafter provided. pAOS TWO ~+•+...w ..w~s~rwr. ir~.w~.~+wwrwswn. } • r • • J (b)~"Necessity No license to operate a taxicab shall be issued by the city secretary until the chief of police of the City of Denton has certified that: s 1. The taxicab has been properly inspected as required by the laws of the State of Texas; 2. The liability insurance required by this Article for each taxicab is in full force and effect. 3. The taxicab or taxicab service has a definite and fixed place of business in the City of Denton and ; has a telephone number in service at which requests for taxicab service can be made. :a (c) "Revocation or Suspension of License". Upon complaint 1 against a licensee filed by any person with the chief of police, or upon his own motion, charging violation of any of the terms of this article, or any ordinances of the City of Denton, or 45`' laws of the State of Texas regulating motor vehicles, the chief of police after giving five (5) days notice of the grounds of said complaint to such licensee against whom complaint is made, may hear evidence with reference to such complaint, and after such hearing the chief of police may revoke or suspend the license for good cause shown. (d) "Findings". After the chief of police has heard the complaint for the revocation or suspension of the license of any owner of a taxicab, he shall make his findings, and declare the same, and either the owner of such taxicab or the complaintant shall have the right to appeal to the city council as hereinafter set out. (e) "License Contents". said license shall state the year for which it is issued, the name of the owner of said vehicle, shall designate that said vehicle is a "taxicab", shall state the make of said vehicle, the engine number of said vehicle, and the current license number of said vehicle, and shall state the amount of license tax paid for the operation of said vehicle and shall further state that the owner of said vehicle has deposited with the city an insurance policy for the protection of the i i PAGE THREE i ls.owr..w,a nc S?1 Nt , ! 1 passengers thereof and of the general public as provided for in s a;- this article, and said license shall be signed by the city ' secretary. < Section 26-45. Public Liability Insurance (a) "Required". Before any license shall be issued to any owner of a taxicab hereinbefore defined, or before any renewal of licenses shall be granted, the owner shall be required to file with the city secretary, and thereafter keep in full force and effect, a policy of public liability insurance approved by ~Y. the city attorney executed by an insurance company duly authorized to do business in the State of Texas, and performable K in Denton County,-Texas, insuring the public against any loss or damage that may result to any person or property from the f: operation of such vehicle or vehicles, and the maximum amount of recovery in such policy of insurance specified, shall not be less than the following sums, to-wit: (1) For total liability in any one accident for personal injuries or death,. One Hundred Thousand Dollars ($100,000.00). (2), For the injury or death of any one person in any cne accident, Three Hundred Thousand Dollars (.$300,000.00). (3) For injury or destruction of property in any one accident,.Fifty Thousand Dollars (,$50,000.00). Provided, however, that if it be shown to the satisfaction of the chief of police that policies in the above amounts cannot be obtained, then policies in lesser amounts may be securel and filed in full compliance with the provisions hereof, upon certificate to that effect being filed with the city secretary by the chief of police, and upon approval of the stated lesser amounts by the city attorney. (b) "Exceptions, Employees". The above described public liability insurance shall be for the protection of the passengers of said vehicles and for the public, but shall not cover personal injuries sustained by the servants, agents or employees of the parson filing the same. PAGB FOUR i r r 14' t (c) "Continuing Liability". All policies of public tnx'Fk i liability insurance shall contain a provision for a continuin(j y liability thereon up to the full amount thereof, notwithstanding any recovery thereon. (d) "Cancellation". In the event any policy is so cancelled ' upon the request of the surety or insurer, and no insurance .i 3 a s i policy is filed by said licensee before the cancellation of said XA. original assurance, then the license to operate taxicabs granted to said licensee shall be automatically revoked. i. (e) "City Not Liable".. Neither said city nor any officer thereof shall be held liable for the pecuniary responsibility or solvency of any such insurer, or in any manner become liable for any sum on account of any such claim or act or ommission relating to any such motor vehicle, nor shall the liability of i the owner of any such motor vehicle be in any manner limited or changed in connection with this Article of such license or assurance but the judgment creditors havinj causes of action secured thereby shall be authorized to sue directly on such policy of insurance without impleading the City of Denton, and all persons known to any insurer to have been injured or damaged in the same accident and claiming damages thereunder may be made parties without priority of claim on payment in any suit had or instituted on account of such matters. Section 26.46. License and Inspection fee (,a) "Amount; Term". In order to defray a part of the expense necessary to provice surveillance, supervision and inspection of taxicabs required under the terms and provisions of this Article, there is hereby levied a license and inspection fee of one Hundred Dollars ($100.00) per annum for each taxicab so operated, which fee shall be collected from every person, f•itm or corporation owning and operatiAg taxicabs on the streets bf the city by the city secretary before said license or renewal thereof is issued. Said fee shall be payable in advance on an PAGE PIVB annual basis, and shall be due and payable for any year not ~ later than the first day of January of any year, such fee to cover the calendar year. If a license to operate any taxicab is granted during a current year the fee shall be paid for the balance of the year ending December thirty-first. •'4 (b) "Sold, Wreckeu, Destroyed .Vehicles".. in the event a taxicab on which the fee has been paid for the then current year i. is sold, wrecked or destroyed, the owner thereof shall have the s right to replace said taxicab with another, and upon written ,r application to the chief of police, the license and inspection fee therefor paid on said taxicab so sold, wrecked, or destroyed shall be- made applicable to the vehicle designated to replace such taxicab so sold, wrecked or destroyed, and the licensee shall surrender the license certificate on the vehicle so sold, t, k' wrecked or destroyed before receiving a new license certificate. (c) "Lost License Certificates"._ In case any licensee shall lose his license certificate, said licensee shall worthwith and before doing any further business procure a duplicate license certificate from the city secretary, and shall pay for such duplicate license certificcate the sum of Five Dollars (.$5.00).(d) "Refunds'". There shall not in any event be any refund of license and inspection fees paid under this article. (e) "Receipts". The fees shall be paid to the city casti(er b who shall issue a receipt therefor which shall be presented to the City Secretary before any license is issued. Section 26-47. Operation of Taxicab, YAimited to Licensee and Approved Chauffeurs No taxicab for which a license shall have been issued shall be operated by anyone except the licensee thereof, or any employee properly qualified, and approved by the chief of police of taxicabs.. Licensee shall obtain the name, address and last place of employment of Each and every licensed chauffeur applying for work before hiring himp and further said licensee shall forthwith furnish to the chief of police the name and k r PAGE SIX t s 1F MIPW~.a•11'PYBi1ACl6aM1t~M4'IMR..JIOO~?M~MY~~'L1169! , i'r! I V address of every licensed chauffeur before his being hired, and q of every licensed chauffeur that may be discharged. 74 s Suction 26-48. Transfer of License No license issued under the terms of this article shall be transferred to any other person, nor shall such license be used for the operation of any vehicle except for the vehicle for which said license is issued. e nk Section 26-49. License to be Posed in Cab The license issued for the operation of a taxicab under the terms of this article shall be posted within said taxicab in a conspicuous place, and it shall be a violation of this article for a failure to do so. Section 26-5.0. Owner's Name, etc., Required on Cab :very taxicab shall have painted, or affixed by decal on the door of the cab the name of the owner or the trade name under which the owner operates, together with the owner's telephone number, and the cab number; and the number of the cab and the telephone number of the owner shall be affixed upon the rear of all such vehicles. . All the lettering mentioned in this paragraph shall be not less than two inches (20) in height, and not less than one-fourth inch (1/4.") in stroke. Section 26-51. Rights of Par,sengers Any driver employed to carry passengers to a definite point x. shall take the most direct route possible that will carry the passengers safely and expeditiously to their destination. Section 26-52. Taximeterst Rates to be Charged All fares shall be determined by a taximeter installed in each taxicab and a driver shall charge only a fee as computed by such taximeter. Every taximeter so installed shall be kept in good operating condition and the taximeter or its drive system shall be sealed at all points which the components, if manipulated, could affect the function or accuracy of the taximeter. A driver shall not charge a fare for operating a PAGE SEVEN i.K ~`.aa~aana~e~w~otkaavlaearna. srrws+<rawnanna~--am,r,.:.,.vra-~~.sr.>rcrca~w+s»>le.~.+ue+.r~rs~~rtf~'a^a+yaMxsrtaavw'+.a+r~ 1 . Yf taxicab in the city that is inconsistent with the following r.' established rates: F, (a) Passengers will be charged as determined by the taximeter a minimum fare of one dollar and twenty cents ($1.20) including the first one-tenth (1/10) mile plus ten cents ($0.10) for each additional one-tenth (1/10) mile from the point of pickup to :L destination. , ' (b) An extra charge of fifty cents ($0.50) will be charged for each additional passenger. (c) A surcharge of fifty cents ($0..50) will be charged for any pickup occurring between the hours of 8:00 ' p.m. and 6:00 a.m. i A1 (d) Passengers will be charged as determined by the taximeter a fare of twenty cents ($0.20) for each one and one-half (1-1/2) minutes of waiting time or traffic delay. Section 26-53. Rates an Chauffeur's Name and Lice.ise to be,Posted in Cab. There shall be posted in a conspicuous place on the inside of each licensed taxicab, in addition to the license issued to ` licensee required by this article, a card showing the rates charged by said taxicab. There shall also be placed in a conspicuous place inside of each licensed taxicab a card bearing the name and chauffeur's license number of the driver of said taxicab as issued to him by the city secretary. Section 26-5A. Passenaers_Reguired to Pay Fare it shall be unlawful fc,r any person to refuse to pay the legal fare of any of the vehicles mentioned in this Article after having hired the same. Section 26-55. Passenger's Receiptp May Be. Required it shall be unlawful for the driver of any taxicab upon receiving full payment of a fare to refuse to give a receipt upon the request of any passenger making said payment. ,Section 26-56. Charging, Excessive Fares Unlawful it shall be unlawful for the owner or driver of any taxicab to refuse to convey a passenger at the rate specified on the a rate card displayed in said taxicab, or demand or receive an amount in excess of the rates displayed on said card, . Except, PAGE SIGHT . 4 x r that such owner or driver may refuse to convey a passenger then being guilty of misconduct or breach of the peace. Section 26-57 through Section 26.-0;4.. Reserved i SE'TION II.. r That Article V,, Section 24-130 of Chapter 24 of the Code of Ordinances of the City of Denton,. Texas is hereby amended to read as follows: Section 24-130. Designation and Use of Taxicab Stands (.a) Taxicab stands or zones may be granted to any taxicab business where such stand or zone is necessary for the conduct of the business of said taxicab business subject to the provisions provided below. (b) The owner of one or more licensed taxicabs desiring a taxicab zone or stand for a taxicab use shall make written application to the 't'raffic Support Commission on forms provided by such coxunission. (c) If the commission finds that there is a need for such taxicab stand or zone it may approve such application and direct that such stand or zcn,~ be designated by sign or other appropriate markings upon receipt by the applicant of a fee of Two Hundred Fifty Dollars ($250.00). Thereafter, the applicant receiving such taxicab zone or stand shall pay an annual fee prior to October first of each year of One Hundr%id Fifty Dollars ($150.00) in order to renew the use of such zone or stand for taxicab purposes for one year. (d) The denial of an application for a taxicab zone or stand may be appealed to the City Council. (e) The driver of a taxicab shall not park upon any street in any business district at any time other than at a taxicab stand except said vehicle may temporarily stop or park in accordance with other stopping or parking regulations at any place for the purpose of and while actually engaged in loading or ,unloading passengers. (f) No person Shall stop, stand or park a vehicle other than PAGE NINE • ` / 1 • , s ` ♦ 1 e: • 5 a taxicab in a taxicab stand or zone when such zone or stand has x a been officially designated and appropriately marked, except that ,t a drive of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in loading or ;!r`• unloading passengers when such stopping does not interfere with & y. any taxicab waiting to enter or about to enter such stand or zone. t SECT ION M.. Any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the requirements thereof, or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a fine not exceeding Two Hundred Dollars ($200.00). Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or continued, and upon conviction of any such violations such person shall be punished within the limits above. ; SECTION IV. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City.Secretary is i hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 1982. 0 I RD 0. STEWAR , MAYO CITt( OF B ON,. TEXAS ATTEST t C OTT ALLEN,. IT SECRETARY CITY OF DENTON,• TEXAS APPROVED AS TO LEGAL FORM C,. Ja. TAYLORj,. JR., CITY ATTORNEY CITY OF DENTONo, TEXAS BY t ~ 7PAGE T8N c ~ ~e t, w a t , 3 f.~ ~.Tl rya rtrt~ rr~. ,~r W { r M Ty}FFF~y4 ~a.♦ yi' 9 7 t•9 a 'r y u h Y 1 , - > t y.1 r r ~ tt R n6 r h d t'~.~ } I t:.', + ~ ,I H ~ I'yy t C 't Lax li. i i f i rA f''yl wi n y~ t{e. a}tta ~,'SH•:9i}, s ry5 H Yx 1 ~irl1~CYS C. ~„Y~p~` r r aH. S: S~ 'a'S ¢~1 3:° 1 it .•i ! :r H"/t5 Y a.y ?ya di'°~, ab"' ~ 4'Z f~~~r ~~~i''rt g +t as n + h r w 1 a. s tt ~ ~ . t 4_~ ~ ^ h ~;s. a 1f~ ~ ~ t•R n t t-v t1 ~,ei a.t +x ~ `..her n > ! 9 1 n f ~ rh ~ , xO.:R a rC lyf 5:1dr ~1 ~{;Mh+y { v) ~q~ril 1 n °J ♦~~I'•,~ w. ~+;~a~ F r~. r GM. 1'r+ a s r{r 'i Jul 1 er i~ to r "Ir 54 .3 t y. aM ~ . 1 fa, r/~ ~~~a a vEiv {~[h E NI It "~1 a r 1H. ! aY>, 1 f ♦ / 1 NO. AN ORDINANCE FIXING AND DETERMINING THE MAXIMUM ALLOWABLE BASIC CATV SERVICE RATES TO BE CHARGED SUBSCRIBERS BY GOLDEN TRIANGLE COMMUNICATIONS, A PARTNERSHIP OF DENTON PUBLISHING COMPANY AND COX CABLE COMMUNICATIONS, INC. OF ATLANTA, GEORGIA, INCLUDING MAXIMUM ALLOWABLE RATES AND FEES TO BE CHARGED FOR ADDITIONAL OUTLETS AND/OR ADDITIONAL CONVERTERS, INSTALLATION OF SAME, MOVING AND RECONNECTIONS OF SERVICE, AND INITIAL INSTALLATION OF BASIC SERVICE BY AMENDING PARAGRAPH A OF EXHIBIT A TO ORDINANCE NO. 79-1; AND DECLAPTNG AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That Paragraph A of Exhibit A to Ordinance No. 79-1 is here- by amended to read as follows: A. Basic CATV Service Installation Monthly First Outlet $20.00 $9.95 Each Additional Outlet and/or Converter $10.00 $3.00 Moving and/or Reconnection $15.00 SECTION II. That the rates and installation charges set forth in Section I hereof are fair and reasonable to both Golden Triangle Communications and its subscribers and shall be the maximum allowable rates and charges for cable antenna television basic service. Such rates and charges shall be retroactively effective as of July 5, 1982, pursuant to Chapter 5-1/2, Section 5-1/2-70(d) of the Denton City Code, the date on which said rates were put into effect. SECTION III. That the rates and charges set forth in Section I hereof may be changed and amended by either the City or Golden Triangle Communications in the manner provided by applicable laws and ordinances. SECTION IV. That it is hereby found and determined that the meeting at h which this ordinance was passed was open to the public, that advance public notice of the time, place and purpose of such meeting being duly given, and that the City and Golden Triangle Communications have properly complied with all the procedural requirements of Chapter 5-1/2, Section 5-1/2-70 of the Code of Ordinances of the City of Denton, Texas. SECTION V. That this ordinance shall become effective immediately from and after passage and approval. 11 PASSED AND APPROVED this the day of October, 1982. Z *1IY RD 0 S E T, MA OF NTON, TEXAS ATTEST: 4C6042LL2MENi~jj CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTONj TEXAS BY: "WEMKUWAIMMMMIJIM mum • r ~ • r i I 1 ~ 111 T 1 ct J MY ' ~ f 1 I r~.j _ - - _ _.._..---..~a- - . , ~ J 'g~~ V rl r i r ' r y ti. A:' r;r ~1 q sa y~ ! ! ~~r+L,y~;t~sJ t , . "u""~li ~ '.'X fJ ii f j i t ^i ~ ♦ f i+:l nv1 + t 14N i~.~ ~V(4"7 ~7.~7 5'~~ js t I ~ ^{i+..i yi 't ~ 4 at, aA ~ r ~ ' '1~~.' xyyq,q 1`w~. 1'! i SSSSS~ r ~ + C~l'_~ d. k° ; xt F .YNIx ~4i a'¢ l'Cv 'L ~i ♦'r" {",~67 ~.p„, 1 t ,1~ A k k iJ Y 2 4 t ♦ r (:1~ (y .lYy ,li ll.r t'"I wye aS 1 r .t ~f T p e 4yg^,i i 9• 1 ~1 S ieu a a i y~^A~ F ^f y ~~1Y^ 1 '~~c 'Y3 T'i 1. F1R~ ~;~i~ '~`.I`' ► li.R.d;,N i ,4 J ~4 L ah3 iLL L:.. ..t. . . w R E S O L U T I O N I WHEREAS, the City of Denton, Texas is the defendant in a certain Cause of Action No. 81-6739-B styled Felix W. Callahan, et al v. City of Denton, Texas in the 158th Judicial District Court said Cause of Action involving the title to a 17.93 acre tract of land described in Volume 463, Page 260 of the Deed Records of Denton County, Texas and the title to a roadway easement described in Volume 472, Page 263 of the Deed Records of Denton County, Texas; and WHEREAS, the City Council has heretofore instructed and authorized the City Attorney to institute condemnation proceedings to acquire the fee simple title to said 17.93 acres of land and the fee simple title to said roadway easement; and WHEREAS, the City Council has found and determined that it would be in the best interest of the City of Denton to acquire approximately 75 acres of land owned by the Plaintiffs in the above styled and numbered cause situated around and adjacent to the 17.93 acre tract of land; and WHEREAS, the City Council finds and determines that it would be in the beat interest of the City of Denton to acquire said approximate 75 acre tract of land by the institution of condemnation proceedings against Relix W. Callahan, et al to aquire the fee simple title to said 75 acre tract of lands NOW, THEREFORE, BE 17' RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: i SECTION I. f The City Attorney be, and he is hereby authorized and I directed, to enter into an agreed judgment in Cause No. 81-6739-B styled Felix A'. Callahan, et al v. City of Denton, E Texas in the 158th Judicial District Court of Denton County, 1f Texas wherein the fee simple title to said 17.93 acres of land is awarded to the City of Denton, Texas and to further enter it C iw ~I, into an agreed judgment and/or contract of sale from Felix W. Callahan, Lotta E. Callahan Ann C. Stark, Robert W. Callahan and James E. Callahan to acquire the additional 75 acres of land (approximately) for a total consideration and cost to the City of Denton of Four Hundred Thousand Dollars ($400,000.00) in settlement of Cause No. 81-6739-B and in full payment for said additional 75 acres of land, the said 75 acres to be conveyed free and clear of all liens, and the judgment condemning the 17.93 acres in fee simple title free and clear of any and all restrictions and covenants herein above set out in Volume 463, Page 260 of the Deed Records of Denton County, Texas. SECTION II. As further consideration for the conveyance of the above described additional property, the City of Denton hereby agrees to construct across Pecan Creek a low water dam in the approximate cost of Thirty-Three Thousand Dollars ($33,000.00). SECTION III. This resolution shall become effective immediately from and after its date of passage. pp~~ PASSED AND APPROVED this the day of b1e4o ~e_ 1982. IVR I HARD 0 STE RT, MAYO CI Y Y OF D NTON, TEXAS ATTESTS CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMt C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTUN, TEXAS BY t, ar ✓ r~i J raa 1 . i ~ ~ • ~ ~ 1 , , V yyC4y ~ l' t i , ~ f, ~ ` 1 1+ 'I Y , .t~l R "'1f a7 1 ' 1 t 1 1 V li ~~a,4'~y r 3.i 1 i I t I f x J' 2" ,4 a rJ ✓ aT { ~r..l ~ i'tibf ~ eC • SL I1ti ~ + 1 a , 1 r 1 t rr ik < I 44 Y. C' (r! S' t i i n, ♦ 2'!v y .1~ s 1 r r- +a{ Y{+ ".lrL u,~ Ry-Af ti 3f. .r 1..... v {1. 'k.~IL Yf k''. F 1 I !yam-t^ ` P ' "'K.~i{~. 1a+ 1 r e. '.4. ~ 3 ,.a `h nY 1r"r'i '+rE~'~l i~1~Lfu A~'~4 p,x~' i;' > r, ♦ {'1~ ~l~r. } i ,~p ~°~f~~~, y / ' k • a+ H R E S O L U T I O N s BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: The Mayor of the City of Denton, Texas is hereby authorized and directed to execute on behalf of the City of Denton, Texas, a Lease Agreement between the City of Denton and Coors-Golden Distributing Company property located on the northeast corner of Dallas Drive and Willow Springs to accommodate a recycling center. PASSED AND APPROVED this the 5th day of October, 1982. I RD 0. SEW , MAYOR CI OF D ON, TEXAS ATTESTS A, 'e ~o 1 '411 6 O-e. &"e'4" ' CHARLOTTE LEN, CITY SEC TARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: . a. ~ .Y r , t I I + E • 5 1 1 ~C ;o tl. .r At tl,l. r ~~I r r • r u THE STATE OF 7EXAS 0, 0 COUti1Y Or DENTOIT WHEREAS, the ' City Council of the City of Denton,- Texas, has heretofore by Ordinance No.,k9.-3j duly enacted on mber 9 1969 determined the necessity for and ordered the improvement of East Mulberr~Street i s in the City of Denton, Texas, in the manner and according to the plans and specifications therefore, which plans and specifications have heretofore-- been approved and adopted by said City Council; and WHEREAS, a notice duly executed in the name of the City of Denton, Texan, of the enactment of the said above described ordinance has hereto- fore on the 12th day of Sept 6 been filed in the Deed Records _ of Denton County, Texas, in Volume 591 page 236 ; and WHEREAS, the City Council of the City of Denton, Texas* by Ordinance No. 69-33 ~r duly enacted,on the 12th day of Sept. , A.D. 19 69 declared the liabilit- of the adjacent property owners for a por- tion of the cost of improving the said portion of - East Mulberry lberry St. _q and declared the same to be a lien upon the said abutting properties; and WHEREAS, in the aforesaid instruments,-, 1 Lot 40 Block 272 in the name of . James Otis Fox was shown to be specially assessed in the amount of „0ae_HuaduA_LA1nCx ev_OA PS211a.L6 no one hundreds and , yy!' +'~b MnL .R!-!1 r ✓t; ~f~"' "r . r .~{r-'n r - I t { F k.f . t 1,. 1 1 ,1 ~ G 4 WHEREAS, the property owner's share of the cost of improving Lot 40 Block 272 abutting upon East Mulberry Street in the City of Denton, Texas, is $197.00 now therefore IN CONSIDERATION of the payment by the said James Otis Fox to the City of Denton, Texas, of One HundrfJ b Ninty-Sever DRt1A1''i.lt_NQ ()nP IbmArcn receipt of which is hereby acknowledged, the said City of Denton, Texas, does hereby for- ever ralease and discharge the said James Otis Fox his heirs and assigns, and _ Lot 40 Block 272 _ as shown on the City Hap of the said City of Denton, Texas, from any and all special assessment liens and claims arising by virtue of the improvements to East Mulberry Street in the City of Denton, Texas, described in the aforesaid ordinances by the City Council of said City, and in the aforesaid notice recorded in Volume. 591 _Page 236 of the Deed Records of -Denton County, Texas. EXECUTED thisday of Lat., A.D.19 8 -CITY OF DENTON, TEXAS ~y ayor ,1TTESTs w , i r City Secret ry City'of Denton, Texas ~ ~ ~ i ~ ~ ~ ~ ~ ~ , "~7 fi w ~•~n ~;at ~V,{> i ~ kf :~"'~'~y(y • 1 ii' 3 ~ v'Y f. r V " 9~ Y'Jb r ` ~ylF" 15'~Y'S r ""'r7~S W~ Y,.'~2 A~ :;`?r34 k 1 C ; lr 'rY'i~ t ~l~i r~ tid # " ~r or r, M rCC it rr h (t~L`f }.i+,3~ 9 1>t +y~~ ~ . r. F~ ; , n ~'n+fS+' It~ ~ i Y, ' * y ~ ,r • t s :s ~w t' S " ~ S't,IY,~M~~'fk'fn s5. ~:;}S.y ,i F S o-.. ~ cw J 1 , r a Y, ~ ~ 4 ti rv~[ x " I o r P v > ~ 'R r ~r y?i ~ ~ ~8 wl ti r ~~a J, ry , ~ ~:{~4~~h, )S•'lK1 }4 ~ k~ ~~r 5~~i~~i r•' Y 'Dr~jy(,~`~, ~ r "~r1 q# ~ q ly 4 ' ~ • r,1 r "r 4i Y ° a t r. r .p,, t 1 u s( f. r ~ r> A~ ~f Y hl~xC > er',hf ° \ vy yy,,~~~✓ Q 4 J`. f 1 R E S O L U T I O N c WHEREAS, the City of Denton, Texas, acting through its F t~- elected city officials and pursuant to its capital improvement f program intends to call a bond election in 1982 to finance certain capital improvements; and WHEREAS, the City Council wishes to make known in advance of the calling of said bond election what street improvements are proposed to be financed and made as a result of such bond election; NOW, THEREFORE, ai BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON: SECTION I. That if the citizens should duly approve the selling of bonds to finance the street improvements submitted at such election in 1982, it is the intent of the City of Denton to make needed improvements to the following streets within the City of Denton: STREET NAME FROM TO Locust Eagle University Bell University Sherman Elm University Eagle Oak Bolivar Jagoe Hickory Cedar Austin Hickory Avenue C Welch Hickory Carroll Cedar Locust Sherman Orr Avenue A Highland McCormick Congress Oakland Ponder Mingo Withers Mockingbird Oak Austin Bolivar Hickory Austin RR Oak RR Austin Bonnie Brae Windsor University Audra McKinney End of. Divide Nottingham University Windsor Welch Eagle Highland Welch Mulberry Hickory Welch Hickory Oak Bernard Hickory Eagle West Oak Bonnie Brae Jagoe West Oak IH-35 Y Sunset Anna Carroll Sunset Carroll University Oriole Mockingbird Cardinal Glenwood Windsor University Greenwood Laurel Wood Cherrywood Greenwood Cherrywood Sherman pry Scripture Hickory Bernard Willowwood IH-35 Westway Bolivar Fulton Mistywood Nottingham Woodhaven Mistywood Woodhaven Robinwood . STREET NAME FROM TO AS ' Alice Congress University Denison Sherman University Acme Fort Worth Bernard TOTAL STREET IMPROVEMENTS $8,166,500 v SECTION II. That if the citizens should duly approve the selling of •r bonds to finance the capital improvements program submitted at such election in 1982, it is the intent of the City of nnnton to CC1 make needed improvements to the following within the City of C. i. Denton: CAPITAL IMPROVEMENTS PROGRAM Ponder Street Drainage Panhandle Drainage from Alice to Malone Signal :mprovements a• Equipment 1c uisition for Neighborhood Parks Bell, Coronado Drainage ,w Acquisition of right-of-way for U. S. 380 Paisley Street Drainage ' Stanley, Thomas, Ector Drainage (Parts I and 11) Prairie Drainage (Bradshaw to Lakey) Yellowstone, Sheraton Drainage Handicapped Improvements at the Square Equipment/Lend Acquisition for Parks Update Signal Equipment City Contribution to Reconstruct U.S. 380 Equipment/Land Acquisition for Parks Fire Substation Equipment/Land Acquisition for Parks Building Renovation/Expansion TOTAL CAPITAL IMPROVEMENTS PROGRAM $6,1100000 s PASSED AND APPROVED this the 19th day of October, 1982. ZZ? / I R ST ART, MAY-VR CI Y OF ENTON, TEXAS ATT S VICKI WESTLINGr D TY CITY SECRETARY, CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMt C. J. TAYLOR, JR., CITY ATTOPZEY CITY OF DENTONt TEXAS IIY ,s.. r+,v , ~ s ~ ~L, 1~ . f ' i y ~ ' ~ ~ ~ { { 1 ! n r,~ ly 1 4 u f ' s l~~Xe ~ zi-Sc:Y~4Lt~CL;L1ISlEL2 S~tb~ia1Iti31PI~~ilTfe~SeL.tifinaaIe~Ymvab- - t'YxRTlt7 ME STATE OF TEXAS, J K N 'got 1172PAGE 86 - } OW ALL MEN BY THESE PRESENTS: I COUNTY OF bENTON J DEED RECORDS 29685 Thdt the City of Denton, Texas,a'tktnicipal Corporation ' of the County of Denton xnd State of Texas , for and in consideration of j' ' the sum of ----Four Thousand Six Hundred and No/100 ($4,600.00) DOLLARS, to it in !land paid by First State Bank of Denton Trust Department of the County of Denton and State of Texas , the receipt of which is hereby acknowledged, do, by thase presents, BARGAIN, SELL, RELEASE, AND FOREVER QUIT CLAIM unto the said First State Bank of Denton Trust Department, its successors beinamnd assigns, all its right title and interest in and to that certain tract or par- cel of land lying in the County of Denton and State of Texas, described as follows, to-wit: All that certain tract or parcel of land situated in the B.B.S. & C.R.R. Co. Survey, Abstract No. 185, Denton County, Texas, being a part of Lots 15 and 16, Block D, of the Schmitz & Ripy Addition to the City of Denton, Texas, per plat recorded in Volume 85, Page 270, Deed Records of said County and being more fully described as follows: BEGINNING at the northeast corner of said Lot 16, Block D in the west right of way line of Frame Street; THENCE.south along the said right of way a distance of 73.62 feet to an iron pin; THENCE south 51026157" west a distance of 59.10 feet to an iron pin; THENCE with a curve to the left, having a central angle of 7023146", and a radius of 578.8937 feet, a chord which bears south 47045104" west j a distance of 74.675 feet, an arc length of 74.727 feet, to an iron pin situated in the west line of said Lot 15, Block D; THENCE north a distance of 160.53 feet to an iron pin; THENCE north 89055136" east a distance of 101.50 feet to the point of beginning and containing 0.268 acres of land, more or less. TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privi- less and appurtenances thereto in any manner belonging unto the said First State Bank of Denton Trust Department, its successors xhaim and assigns, forever, so that neither the saiti City of Denton, Texas, a Municipal Corporation, its successors nor hvdx*xxftny person or persons claiming under it shall, at any time hereafter, have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part there Of- , my hand at Denton, Texas this /9 r! day of October A. D. 1982 ' Witiiehgear'Atue°t f Grantor: .-CITY 9 OWN, XAS I HARD 0 S. E RT, MA CHARLOTTE ALLEN, CITY SECRETARY 7 { SINGLE ACKNOWLEDGMENT TOE-ATE OF TEXAS, CC13NTY OF. DENTON ~ BEFORE ME, tfie undersigned auth'ority, in and for said County, Texas, on this day Personally appeared Rx.Chard...0.......$teWa. Kt.,....Mdy.Qx., O.> .the City.,o€., Denton, Texas officgr known to me to be the person&/_whose name 1 S _ subscribed to the foregoing.nsttument, and acknowledged to me that he...,., executed the same for the purposes and consideration therein expressed. GIVEN UN~'~ ~y.MY HAND AND SEAL OF OFFICE, This day ay } of . A.D. 19 S2 1L.S ° JEANETTESCOW s y ; i t`rtLns~Lialfs~issWdll.giY My Commission Expires _PerltW)........... Countr; rexay 30INT ACKA'OWI.EDG11ENT r THE STATE OF TEXAS, COUI,71 i OF._ BEFORE 113 E, the undersigned authority, In and for said County, Texas, on this day personally appeared _ and his wife, both known to me to be the persons whose names arc subscribed to the foregoing instrument, and acknowledged to nre that they each executed the same for the purposes and consideration therein expressed, and the said.. wife of the said having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said arknow led~ed such instrument to be her act and deed and she declared that she had w llingly signed the Fame for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY BAND AND SEAL OF OFFICE, This day of _ A.D. 19..,. f L.5.1 Votary Publir, County, Texas My Commission Expires June 1, 19........ WIFE'S SEPARATE ACKNOWLEDGMENT THE STATE OF TEXAS, ` BEFORE ME, the undtrsigned authority, COUNTY OF _ _ . J in and for said County, Texas, on this day personally appeared _ , Acife of ~r known to me to be the person whose n+.me is subscribed to the fore oing instrument, and having been examined by me privily and spart from her husband, and having the same fully explained to her, she, the said acknowledged ouch instrument to be her act and deed, and she declared }hat she had willingly signed the some for the purposes and consideration therein expressed, and '.hat she did not wish to rr - r pct it. G1VLN 1 NDE4 MY 11A ND AND SEAL OF OFFIC13,Th15 day of A.D. 19 (L.S.) Notary Public, County. Texas, My Commission Expires June 1, 19.......... CLERK'S CERTIFICATE THE STATE, OF TEXAS, , county COUNTY OF........,__ Clerk of the County Court of sald Co-inty, do hereby certify that the foregoing instrument of writing dated on the da• r f.............. , A. D. 19.., . , with its Certificate of Authentication, was filed for record In my of. on the..._............ day of . A. D. 19.,......., at............ o'clock TT., and duly recordSlntbbl•.T0W....... day op.q.tM Y Df DEI+TOtt A. D. 19....... , at........_. o'clock It., in the ,,,,,,-„COEfiTY,CLEFK, 9crkn Cc el.+, fr `t Records of sald County, in i ,.ri'.T'i.3; i], I oa thr ° - y, Volume , on pages._ 1V~ '1 iA2)TQ, e1-40, SEAR OF TITEfCOUNTY COURT of said County, at office In aadcd.ia.thA9A1r'.mm ac.d k+[ . ri'c = 'Si@ Zfi h-brA& 0 the day and year lost abor¢ written. d Ctntcn County. Tt+a; zs ~!zr. I•r!biiTrne: .,2 County ..Clerk... fl~iY N i . . . . . . . . cots Y County, Texas, )AzZ.4tr 0 Uv", By..... Deputy "s C°. ? g ^ STY CLE K, D wo C*ur t c' H I IE4 3 M Wp ~ a ~ ~ 3 ( eta ~ ' ~8 ^ G►,7 ri i E Cl W N 3 o a~ a..a a Z~ AI Es'' I I x O •s9 ~ ;1) ~ Ei A r• c~wtt' (41-4 `01 H; ~ PG P1 j ~ ~ W C.1 r a u, ! j 'H ynt 42W.IF R1 Per r d~ ~j~ a` ,SQ iF gqx` 1' `~A~r•) n I k 1 + i r r , Ps k, x - t i ^ 7rYi', r, ,l, r }3`roMXk~I~{l~rr ir. ~IF{.. ( et , k 5 x~. ~ , a~ ~ 1 i a ~1~( 1~' a Y t t ra:~'S 7'M rJiyA ~ S~ t, z f i r r~ Yj 9~, r. i i 1, 41 • . C r n r y a Y i i# 'i b b r f Y ~1r 2 « ,r v r M11 1r Qd ~ i' Wit. , i:.f be a~r~ ALL~It3 T } ~.~e~{„e r ~ r, c , M Jti ' ~ 1 sT. , i ^}'~i ~ , u P i ~ ( sr w 7~ S t~ L r ~ f' • r f M'4' ~~.Fi s s ✓1{r6 s' 7t;N„I.-$i M 1 %f hlr'^~ S 777 , y a, 4t i ~ ~ t ! 1' .d k ~;C,, Y FM1 k .:~y 5i r • a !J S ~r,A1j 1 i l r t /C' C trwf. ~y~h J'tl~t ♦J rr ~7aa ,.iQ Y>•.~ i♦ •'11 tl gHi"wy~ i ~~-'_!_i: 21 i ~ INUMPENUNNT TO$F S AGxl Ez,wIENT'~ r ' THE STATE OF TDXAS § 0 KNOW ALL MEN BY THESE 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 H. Rodgers, 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: i A. Supervision of repair of #5 unit turbine and generator. 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: A. Amount of Payment for Services: $304.50 per day plus $22.50 per day travel expense ($327.00) B. Dates of Payments: Weekly 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 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 employne 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. 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 Denton. INDEPENDENT CONTRACTORIS AGREEMENT-CHARLES H. RODGERS-PAGE ONE . r -SUPPLIES TO it!SER -r,urN.L 5. SERVICES T"" i agrees to furnish to Contractor the following services and/or supplies: A. NONE 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 11th day of October, 1982, and end on the 17th day of December, 1982. i EXECUTED this the, ~vday of October, 1982. CITY OFE7,0 EXAS L BY CITY ATTEST: C R OT~E A,-CITY SECRETARY APPROVED AS TO LEGAL FORM C. is TAYLOR, JR., CITY ATTORNEY BYs CONTRACTOR BYs- That Walker Hale, is hereby designated as the person to administer the provision of this agreement. DATE CITY -MNGER t s. INDEPENDENT CONTTACTOW S AGRELPMENT-CHARLES H. RODGERS-PAGE TWO ~ ~ .a. i~ ✓ ~ ~ ~ ~ ~ h ~1 ~ ♦ 1~ 1 ~ ~L /y~)~ , 1 r `y ' `1 ~ ~ w a V~ _ 1 ~~7~~. i , i! ~ i~, 4 ~ .A { ~ ~ 1 f s ~ ~ 3 F ~ ~ ~ s` ~ , tt ~ i ~,t 1 r '%\r i t 1 *V W r i R Y ~ I t 7 r h £il h '4., rV r f ~ kr ~~frf}~'Er f~'~199» Z~` J r '~f { ~ ~ ~ i ~ t L t r E LI ~°r V k r~ ~7j L~ {~kr• ~~4.x f r.y ,f r r Ef ?k r r r 1f fu i d 4.E 1r~ k r''`~l. ~'1 v~l l 1 'rivl CLN 7 ~i "y t t r ii f a 'J t'> rt L r ,1 1 • R E S O L U T I O N • WHEREAS, the City Council of the City of Denton has hereto- fore determined the necessity for disposing of the real property hereinafter described; and WHEREAS, after due notice as required by law, competitive bids were received by the City of Denton; and WHEREAS, the highest bid received was for Four Thousand Six Hundred ($4,600.00) Dollars, from First State Bank Trust Department of Denton; and WHEREAS, the City Council hereby finds and determines that the reasonable and fair market value of such property is Four Thousand Six Hundred ($4,600.00) Dollars; NOW, THEREFORE, Bi IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. The bid for Four Thousand Six Hundred ($4,600.00) Dollars by First State Bank Trust Department of Denton is hereby accepted. SECTION II. The Mayor is hereby authorized to execute on behalf of the City of Denton, Texas a quitclaim deed conveying the hereinafter described property to First State Bank Trust Department of Denton, to-wit: All that certain tract or parcel of land situated in the B.B.B. & C.P.A. Co. Survey, Abstract No. 185, Denton County, Texas, being a part of Lots 15 and 16, Block D, of the Schmitz & Ripy Addition to the City of Denton, Texas, per plat recorded in Volume 85, Page 270, Deed Records of said county and being more fully described ac follows: BEdiNNING at the northeast corner of said Lot 16, Block D in the west right of way line of Frame Streets THENCE south along the said right of way a distance of 73.62 feet to an iron pins THENCE south 51026157" west a distance of 59.10 feet to an iron pins THENCE with a curve to the left, having a central angle of 7023146", and a radius of 578.8937 feet, a chord which bears south 4'1045104" west a distance of 74.675 feet, an are length of 74.727 feet, to an iron pin situated in the west line of said Lot 15, Block Ds 1 1 , i THENCE north a distance of 160.53 feet to an iron pin; THENCE north 89055136" east a distance of 101.50 feet to the point of beginning and containing 0.268 acres of land, more or less. SECTION III. The City of Denton is hereby authorized to pay its share of the necessary and reasonable cost of closing as required by the advertisement for bid. PASSED AND APPROVED this the /q--7"-day of October, 1982. I HARD 0. STEWAR , MAYOR CIA; OF DE TON ATTEST: &L4 CHARLO'i' E ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OFFDENTON, TEXAS ~ BY: ( I i ~r • P~s O 1 41 vl ~r ppauk q 1 tic r r _ r .V v r, ^ v 1 1 r M7 fir, ti a r , ^ AC i ^ .°y t r y rc ~ h 'k Y G~ 1i4.4 t k I i r • • DENTON PEE WEE BASKETBALL ASSOCIAION THE STATE OF TEXAS $ CONTRACT FOR SERVICES COUNTY OF DENTON $ This Agreement made this the 1st day of December, 1982, between the Denton Pee Wee Basketball Association, hereinafter referred to as the "Association", and the City of Denton, hereinafter referred to as "City", each acting by and through its authorized officials, pursuant to the following terms and conditions: I. City agrees to pay to the Association the sum of Three Thousand and No/100 ($3,000.00) Dollars, and certain fees and charges hereinafter described, for the City's fiscal year 1982-1983. Association shall submit an annual budget to the Pity for approval which shall set forth on an item by item basis the fees and charges hereinafter described, and the above Three Thousand and No/100 ($3000.00) Dollars, the City will make one payment to the Association on the 1st day of December, 1382, in the amount projected in the annual budget. City shall make such payments solely from current revenues in the budget of the Parks and Recreation Department. Expenditures shall be authorized for a period from December 11 1982, through February 28, 1983. II. Association agrees to provide qualified Basketball officials for all Youth League Basketball games and special games that are sponsored by the Denton Pee Wee Basketball Association. Association agrees to the following additional terms and conditions: 1. It will establish a separate bank account for deposit and expenditure of funds descri.bed herein to avoid any accidental commingling of funds. 2. It will establishr operate, and maintain an account system for this program that will allow for a tracing of funds and a review of the financial status of the program. I 3. It will permit authorized officials for the City of Denton to review its books at any time. 4. It will reduce to writing all of its rules, regulations and policies, and file a copy with the Director of Parks and Recreation or his authorized representative along with any amendments, additions, or revisions whenever adopted. 5. It will not enter into any contracts that would encumber the City funds for a period that would extend beyond the term of this Agreement. 6. It will prepare and submit a report of expenditures and revenues to the Director of Parks and Recreation or his representative by the lst day of March, 1983. 7. It will refund the balance of its account to the City of Denton on or before March 1, 1983. 8. It will promptly pay all bills when submitted; unless there is a discrepancy in a bill which should be promptly reported to the Director of Parks and Recreation or his authorized representative for further direction. 9. It will appoint a representative who will be available to meet with the Director of Parks and Recreation and other City officials when requested. 10. It will indemnify and hold harmless the City from any and all r1aims and suits arising out of the activities of the Association, its employees, and/or contractors. 11. It will obtain releases from the officials which will release, indemnify and hold harmless the City and the Association from any claims, injuries, or damages of the officials. 12. it will retain officials as independent contractors and not as employees. Iv. The general terms and conditions are as followsr 1. if any of the terms and conditions are not complied with by the Association, the City is authorized to refuse to make any further payments until the condition on which the complaint is based is corrected to the satisfaction of the City. PAGE 2 1 1 2. This contract shall be subject to all valid rules, regulations, and laws applicable thereto as promulgated by the United States of America, State of Texas, or any other governmental body or agency having lawful jurisdiction. 3. Association is authorized and should give notices required herein to the Director of Parks and Recreation or that person's authorized representative. 4. Any contribution or gifts received by the Association are not subject to the provisions of this contract and they should be kept separate and apart from the funds, charges, and fees covered by this contract. 5. Association shall provide its services and be paid by the City in the capacity of an independent contractor and not as an agent or department of the City. It shall have complete control, supervision, and responsibility for its activities under this contract including the hiring, supervision, and control of its employees. IN WITNESS WHEREOF, the parties hereto, acting under authority of their governing body and Board of Directors, have caused this contract to be executed in two counterparts, each of which will constitute an original, as of the 7Lday of 1992. "*?A I-A ~ A ALT~l fINARD . S , MAYORN-V CI OF D TON, TEXAS ATTESTi Chirlotte Alleds City Secretary CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMt C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTONg TEXAS DENTON PEE WEE BASKETBALL ASSOCIATION Bye Dye PAGE 3 a { 9 y ~ W C.. 47 i? k, 1. A-4 .'ti„ llr 'p.+ 3~ 3 R r 1pp47,~7 y1 ~ ! Y -.r 4 4 a 41 F^i ~r¢~. .'r ~ ~ S 7 r ~ : w ~ 4 u M n r,u r y i 0~ AA t~ '9 e'} t r r ll~ s i S. !iJ R: t. 6. ~j ;~Y~P D J ~ f tk`. 1,-1]9 t,.Y f rt Luy rJ'''sy 1T~ P,~-, . DENTON SOCCER ASSOCIATION THE STATE OF TEXAS S CONTRACT FOR SERVICES COUNTY OF DENTON S This Agreement made this the 3 day of S. o1982, by and between the Denton Soccer Association, hereinafter referred to as the "Association", and the City of Denton, hereinafter referred to as "City", each acting by and through its authorized officials, pursuant to the following terms and conditions: 1. City Agrees to pay to the Association the sum of Four Thousand Five Hundred and No/100 ($4,500.00) Dr,llars and certain fees and charges hereinafter described, for the City's fiscal year 1982- 83. Association shall submit an annual budget to the Denton Parks and Recreation Department for approval which shall set forth on an item by item basis the fees and charges hereinafter described, and the above Four Thousand Five Hundred and No/100 ($4,500.00) Dollars, the City will make one payment to the Association on the 1st day of October, 1982, in the amount projected in the annual budget. City shall make such payments solely from current revenues in the budget of the Parks and Recreation Department. Expenditures shall be authorized for a period from October 1, 1982 through September 30, 1983. II. Association agrees to provide the following services: 1. It shall provide qualified Soccer Officials for all Youth League Soccer games and epecial games that are sponsored by the Denton Soccer Association. i III. Association agrees ':o the following additional terms and conditions: 1. It will establish a separate bank account for deposit and expenditure of funds described herein to avoid any accidential comingling of funds. 2. It will establish, operate, and maintain an account LMM system for this i. chat will allow for a tracing of funds and a review of ue !.n:.t.cial status of the program. 3. It will permit authorized officials for the City of Denton to review its books at any time. 4. It will reduce to writing all of its rules, regulations, and policies and file a copy with the Director of Parks and Recreation or his authorized representative along with any amendments, additions, or revisions whenever, adopted. 5. It will not enter into any contracts that would encumber the City funds for a period that would extend beyond the term of this Agreement. b. It will prepare and submit a report of expenditures and revenues to the Director of Parks and Recreation or his repre- sentative by the 1st day of December, 1982 and the 1st day of June, 1983. 7. It will refund the balance of its account except for $15.00 to keep the account open, to the City of Denton on or before June 1, 1983. 8. It will promptly pay all bills when submitted; unless there is a discrepancy in a bill which should be promptly reported to the Director of Parks and Recreation or his authorized repre- sentative for further direction. 9. It will appoint a representative who will be available to meet with the Director of Parks and Recreation and other City officials when requested. 10. It will indemnify and hold harmless the City from any and all claims and suits arising out of the activities of the Association, its employees, and/or contractors. - 11. It will obtain releases from the officials which will release, indemnify and hold harmless the City and the Associ- ation from any claims, injuries, or damages of the officials. 12. It will retain officials as independent contractors and not as employees. IV. The general terms and conditions are as follows: ij~ ,.....~~~..w~...~+...-r.,.~....r..~-.......w.n~....~~.r.~..,swwn.~.o..ww.. w.wwr~.lR .`ea~wR S, 1. If any of the terms and conditions are not complied with by the Association, the City is authorized to refuse to make any further payments until the condition on which the complaint is based is corrected to the satisfaction of the City. 2. This contract shall be subject to all valid rules, regula- tions, and laws applicable thereto as promulgated by the United States of America, State of Texas, or any other governmental, body ' or agency having lawful jurisdiction. 4 3. Association is authorized and should give notices required i herein to the Director of Parks and Recreation or that person's authorized representative. 4. Any contributions or gifts received by the Association are not subject to the provisions of this contract and they should be kept separate and apart from the funds, charges, and fees covered by this contract. 5. Association shall provide its services and be paid by the City in the capacity of an independent contractor and not as an agent or department of the City. It shall have complete control, supervision, and responsibility for its activities under this contract including the hiring, supervision, and control of its employees. IN WITNESS WHEREOF, the parties hereto, acting under authority of their governing body and Board of Directors, have caused this contract to be duly executed in two counterparts, each of which will constitute an original, as of the _d:'~day of 1982. ~uc D -r CIT OF 6 TON, TEXAS AT2'EST i _ U.~-- Charlotte Allen, City'Sderetary CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM= C. J. TAYLOR, JR.r CITY ATTORNEY CITY OF DENTONr TEXAS DENTON SOCCER ASSOCIATION BYs BY: A , PR I~ WIN i ~ r V, That Paul Leslie is hereby designated as the person to administer the provision of this agreement. DATE ~T CH TUNGwa; CITY MANAGER a4 r i ~ s ~ M ~ ~ I I 1 ' 1 1 j~. l.. ~u ` $ N,. i.. .:1 ~ ~ i ~.1~~ 1 ~ 5,.." d . n', V QnN' .e.. i ~,1'~ Jai to ~y ffi ~ ~a - ' ' w , ti~ r AGREEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON S This Agreement made between the City of Denton, Texas and the City of Crossroads, Texas, Municipal Corporations of the State of Texas, in consideration of the mutual covenants set out herein, agree as follows: 1. The City of Denton agrees to allow the citizens of Crossroads, Texas to use the sanitary landfill site owned and operated by the City of Denton and located in proximity to State Highway 380 and Mosley Road for purposes of disposal of residential garbage and trash in accordance with the City of Denton's permit for such landfill site without charge to the citizens of Crossroads. 2. The City of Crossroads agrees to keep and maintain Mosley Road: and the right of way thereof chick; is adjacent to said landfill site free and clear of all garbage, trash and debris deposited thereon. 3. This Agreemerat shall be in force and effect for a period of two years from the date of execution thereof; provided, however, should the City of Denton cease to use the location as a sanitary landfill site during the two year term, this Agreement shall terminate and the time of such nonuse. PASSED AND AV&YROVED this the -A- day of October, 1982. CITY OF DENTON,TEXAS CITY OF CROSSROADS, TEXAS BY: ~ BY YOR rA ST T, MAXVW ATTES ATTEST: VICKI WESTLING, DEPUTY CITY SECRETARY SECRETARY, CITY OF DENTON, TEXAS CITY OF CROSSROADS, TEXAS APPROVED AS TO LEGAL FORMS C, J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: CROSSROADS AGREEMENT-PA3E UZI"" • ' ~ ~ ~ ~ , ~ ~ ~ ~ ~ a ~ ~ ~ ~ Rj . ~ ~ , 1 R E S 0 L U T I O NU'F A` \rw WHEREAS, the City of Denton is in the process of purchasing land for a new landfill; and WHEREAS, the City of Denton is now preparing plans and specifications for submitting an application to the Texas Health d \-S Department for such new landfill; NOW, THEREFORE, Tr BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. The City Council of the City of Denton hereby resolves to remain at the existing landfill site in Crossroads, Texas only until the new landfill site is permitted and the City of Denton can commence the use of the new landfill site in Denton, 'texas. SECTION II. The City Council resolves that the City of Denton will follow the plan submitted to the Texas Health Department on August 30, 1982 anti/oc any other adjustments or changes that the Texas Health Department deems neces.4ary for the continued operation of the landfill in Crossroads, Texas. i, PASSED AND APPROVED this the ay of IP"l- , 1982. s jgICIIARD -U. i T , MAYOR-F CI OF DE TON, TEXAS .r ATTES -VICKI WESTLING, DEPUqfk CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMt C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS r3Y: . w p ~ ~ ~ i , . S~ i t J ' . %ItRI HAMS NI UT UAL t JONDING COMPANY NOTICE OF CANCELLATION OF BOND BY SURETY To; City Hall 215 East McKinney Denton, Texas 76201 Merchants Mutual Bonding Company as Surety, hereby notifies you that its Bond No. TX-185074 dated on or obout_September 1,_1982 on behalf of_ - Jayson Homes, Inc. described as Sidewalk is hereby canceled effective Thirty (30) days from receipt of this notice. and that as said Surety it shall not be responsible thereunder for any acts ar defaults committed or loss occurring after said date. Daied this 15th day of October Ig 82 Merchants Mutual Bon in om an XW By C.W. Story, Vi President CWS/bB cc: Quimby Self Insruance P.O. Box 98 Denton, Texas 76201 Jayson Homes, Inc. gry nan~f:~ s otrn OCT 2 1 19^ i i f l r V 1 k ~ A .r OATH OF OFFICE CITY OF DENTON BOARD AND COMMISSION I, ttXL 4;~= JO LUKER ~ do solemnly swear (or affirm) that I will faithfully execute the duties of the office of Member of Community Dev. Block Grant Comm. of the City of Denton, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State and the Charter and Ordinances of this City. Subscribed and sworn to before me the undersigned on this the 14th day of OCTOBER , A.D. 19 82 To'ce'ity wTi ch witness my an an seal o office. CITY OF NTON, TS S 0264C f~ i l ~ r ♦ ~ f ~ ~ V a O A T H O F O F F I,C E CITY OF DENTON BOARD AND COMMISSION I, ATRYT. T. /ANS , do solemnly swear (or affirm) that,I will faithfully execute the duties of the office of Member of Community Dev. Block Grant Comm. of the City of Denton, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State and the Charter and Ordinances of this City. Subscribed and sworn to before me the undersied on this the 14th day of OCTOBER I I.D. A19 82 To cert y w ch witness my an an seat' o o ice. tlO.A hTARY CITY OF ENTON, T XAS 0264C r r ~ r + r ~ ~ ` ' ' 1 M I LCi /5 T ~G CONTRACT FOR ENGINEERING SERVICES ' i STATE OF TEXAS ) COUNTY OF DENTON ) THIS CONTRACT cantered into this Day of October, 1982, by and between the City of Denton, Texas, ereinafter called the Owner, acting by and through Richard 0. Stewart, its Mayor, duly authorized to act, and Freese and Nichols, Inc., Consulting Engineers, Fort Worth, Texas, hereinafter called the Engineer. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: I. Employment of Engineer: The Owner hereby employs the Engineer an the Engineer agrees to perform all necessary professional services as herein set forth in connection with the engineering evaluation of the schedule for and location of an expansion of the City's Water Treatment Plant. 11. -Character and Extent of Services: The Engineer shall t perform professional services comprising engineering feasibility investigations and studies for determining the schedule for an expansion to the City of Denton's Water Treatment Plant and the evaluation of various alternatives for the location of such an expansion with attention given to the new.Ray Roberts.Reservoir.now under construction. III. Scope of Services: The scope of work shall include the .following: A. Schedule for Water Plant Expansion: 1. Utilizing the recently completed Long Range Water Supply Study, determine the schedule for the expansion of the City's Water Treatment Plant plus provide recommendations on the size expansion required. Recommendations for short term capacity improvements should be considered in determining the schedule. Evaluation of various sizes of the expansion shall be included and should address advantages and disadvantages of sizes larger or smaller than the recommended optimum size. 1. . r • 8. Location of Expansion at Present Site: Is Review the hydraulics, capital costs, and projected operation and maintenance costs of an expansion to the existing water treatment facilities, including a new Raw Water Pump Station adjacent to the existing station, a new Water Treatment Plant on City owned property immediate] east of the present plant, and another (third parallel raw water line. C. Alternatives of Expansion with Ray Roberts as water Supp y: 1. Review the probable operating level in the proposed Ray Roberts Reservoir, and evaluate the hydraulics of a direct water supply from that reservoir as follows: a) Raw water pump station on Ray Roberts Reservoir pumping to Water Treatment Plant at the present site. b) Raw water pump station on Ray r.oberts Reservoir pumping to new Water Treatment Plant near the reservoir site. c) New Water Treatment Plant below Ray Roberts Reservoir dam, possibly fed by gravity flow from reservoir without raw water pumping, if topography will permit. d) New Water Treatment Plant below Ray Roberts Reservoir -dan, fed by gravity flow when, water level will permit, and by raw water pumps when the level is too low for gravity feed. e) New Water Treatment Plant located near the northern boundary of the City, fed by raw water pump station on Ray Roberts. 0. Coordination with Distribution Studies: 1. For viable alternatives, develop projected capital and 0&M costs to the year 2000, for the total water supply and treatment system, This will involve evaluation of new points of water supply input to the distribution system by the City with the computer model developed for the City by Hogan & Rasor, Inc. Capital costs will be developed for the new supply lines as-'well. as for internal system improvements needed as a result of the changed point of input. 2. 1239U/2 f ( E. Report: 1. Prepare maps and tabulations showing the location and tentative configuration of all alternatives considered, together with the related hydraulic and cost data for constructing, operating, and maintaining each alternative. 2. Prepare draft report summarizing the basic data obtained in the study and presenting recommendations and estimates of probable cost. 30 Following approval of the draft report, twenty-five (25) bound copies of the final report shall be presented to the City (Owner). I IV. Future_ Evaluation of Specific Sites at Ray Roberts Lake A. If it is determined that a new Water Treatment Plant at Ray Roberts Reservoir is cost effective, a second phase to the study will probably be desirable. This phase would be a study to evaluate the alternative sites for the Water Treatment Plant. The scope of this study woitld probably include: 1. Locate possible sites with suitable topography E' for a Water Treatment Plant on USGS topographic maps. 2. Conduct field inspection of the possible sites and reduce the number to only those which appear best. 3. Select- for each of the sites a tentative routing for - rew water line, high' service line connection to distribution system, line for disposal of sludges, access road, natural gas line, and electrical service. Reduce the selections to the = two best sites. 4. Prepare tentative plant layout for each site- with consideration given to future expansions. Prepare estimate of probable cost for development of facilities on each site. 51 Have soils laboratory drill at least two (2) test holes on each site to determine soil classification and to evaluate foundation requirements. 3. . 1239U/3 6. Prepare a draft report summarizing the basic data obtained in the study and presenting recommendations and estimate of probable cost. B. This study of schedule and location evaluation shall be conducted such that information can be available for the subject second phase study. However, no work shall be conducted on such specific second phase site location study prior to authorization. V. Time of Completion: Tile review draft of the report shall be delivered to the Owner within one hundred twenty (120) calendar days following authorization to proceed with the study. The twent;,y five (25) printed and bound copies of the final report shall be delivered to the Owner within fifteen (15) calendar days following review and approval of the draft. VI. Fee: A. The Owner agrees to pay the Engineer for all services rendered under this contract in accordance with the following with the total maximum fee not to exceed $30,000 without prior approval from the City of Denton: 1. Officer-Per Diem S.W. Freese, J.R. Nichols, R.L. Nichols L.B. Freese, R.S. Gooch, J.P. Jones, R.A. Thompson, III T.A. Reid, J.H. Cook $640.00 2. Associates-Per Diem O.C. Allen, J.B. Mapes, A.H. Ulirich W.E. Clement, E.C. Copeland, G.N. Reeves $540.00 3. Staff Members - Salary Cost Times Multiplier of 2.3 Salary Cost is defined as the cost of salaries of engineers, draftsmen, stenographers, surveymen, clerks, laborers, etc., for time directly chargeable to the project, plus social security contributions, unemployment compensation insurance, retirement benefits, medical and insurance benefits, sick leave bonuses, vacation and holiday pay applicable thereto. (Salary Cost is equal to 1.39 times salary payments. This factor is adjusted annually.) 4. 1 ~ 4. Other Direct Expense - All other direct expenses shall be charged at actual cost. ( Other direct expenses shall include printing and reproduction expense, communication expense, travel, transportation and subsistence away from Fort Worth and other miscellaneous expense directly related to the work, including costs of laboratory analysis, test, and other work required to be done by independent persons or agents other than staff members. 5. Payment -Payment will be made on statements' submitted by the Engineer. Statements shall not be submitted at intervals of less than one (L) month. VII. Successors and Assignments: The Owner and the Engineer, each binds himself, his successors, executors, administrators and assigns of the other party to this Agreement, and to the succ:ssors, executors, administrators, and assigns of such other party in respect of all covenants of this Agreement. Neither the Owner nor the Engineer shall assign, sublet or transfer his interests in this Agreement without the written consent of the other. This Contract is executed in three counterparts. IN TESTIMONY HEREOF, they have executed this Agreement, the day and year first above written. I ATTEST: CITY OF DENTON TEXAS OWNER A T ALL N,CIT SCR ~T I ARD 0. STEW, MAYOR v CITY OF DENTON,, TEXAS CITY OF D NTON, TEXAS (CITY SEAL) FREESE & NICHOLS INC. Engineer WITNESS: By X_A~ Ir, F es R. Nichols, Pr sift 5. 1239U/5 p ~ ~s • ~ ~ ~ • i "Y e1 b F~ . FUNDING AGREEMENT THE STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal Corporation, (hereinafter referred to as City) and Services Program for Aged Needs (hereinafter referred to as Agency); k Y. 1 WHEREAS, the City's Human Resources Committee (HRC) has reviewed the services of the Agency and has determined that the Agency performs an important human service for the residents of Denton without regard to race, religion, color, age or national origin, and therefore HRC recommends funding the Agency; and WHEREAS, the City has determined that the Agency merits assistance and has provided for Twenty-Two Thousand and No/100 Collars ($22,000.00) in its budget; NOW, THEREFORE, the parties hereto mutually agree as follows: I. SCOPE OF SERVICES The Agency shall in a satisfactory and proper ;Wanner perform the following tasks: A. The Agency's purpose is to help older citizens remain independent and as fully active in the community as they choose. i B. Provide transportation for persons sixty years old or older. C. Provide a hot meals program five days a week at i Denton Senior Center and Heritage Oaks. D. Offer information and referral services for older persons at the SPAN Central Office. II. TIME PERFORMANCE The services funded by the City shall be undertaken by the Agency within the following time frame: October 11 1982 through September 30, 1983. FUNDING AGREEMENT-SERVICES PROGRAM FOR AGED NEEDS-PAGE ONE 1 USE OF FUNDS e `x City funds made available under this Agteeml:nt shall be utilized by the Agency to perform the following: A. Provide transportation for persons sixty years or older. B. Provide a hot meals program five days a week aty Denton Senior Center and Heritage Oaks. std C. Offer information and referral services for older persons at the SPAN Central Office. , IV. I MFTHOD OF PAYMENT The City agrees to make payment to the Agency upon submis- sion of approved requisitions in one (1) allotment. r It is expressly understood and agreed that in no event under s the terms of this contract will the total compensation to be k~~k paid hereunder exceed the maximum sum of Twenty-two Thousand and No/100 Dollars ($22,000.00) for all of the services rendered. V. EVALUATION The Agency agrees to participate in an implementation and maintenance system whereby the services can be continuously monitored. The Agency agrees to make available its financial records for review by the City at the City's discretion. In addition, the Age.,,cy agrees to provide the City the following pJ .r, data and/or reports: A. All external or internal audits. B. All external or internal evaluation reports. C. Quarterly performance reports submitted in January, April, July and September, to include the following criteria: 1. Number of one-way trips furnished each month. Number of meals served at Denton Senior Center and Heritage Oaks each month. 3. Number of information and referral requests handled quarterly. FUNDING AGREEMENT-SERVICES PROGRAM FOR AGED NEEDS-PAGE TWO Y D. Quarterly financial statements submitted in January, April, July, and September to include expenses and income. VI. SUSPENSION OR TERMINATION The City may suspend or terminate this Agreement and Ir payments to the Agency, in whole or part, for cause. Cause shall include but not be limited to the following: •„yt, A. Agency's improper, misuse, or inept use of funds. r: a B. Agency's failure to comply with the terms and >.,4. conditions of this agreement. C. Agency's submission of data and/or reports that are incorrect or incomplete in any material respect, or `t D. If for any reason the carrying out of this agreement is rendered impossible or infeasible. I In case of suspension, the City shall advise the Agency, in writing, as to conditions precedent to the resumption of funding ,q and specify a reasonable data for compliance. ry= In case of termination, the Agency will remit to the City any unexpended City funds. Acceptance of these funds shall not constitute a waiver of any claim the City may otherwise have arising out of this Agreement. IN WITNESS WHEREOF, the parties do hereby affix their signa- l: tures nd enter into this Funding Agreement as of the day of , 1982. CITY OFD TON, TEX SERVICES PROGRAM FOR AGED NEEDS C-ITY"MXNAGEK DIRE TOR ATTES ATTESTt CITY S CRE A Y % SECRETARY APPROVED AS TO LEGAL FORMt C. J. TAYLOR, JR„ CITY ATTORNEY 8Yt FUNDING AGR EMENT-SERVICES PROGRAM FOR AGED NEEDS-PAGE THREE r N , U ~ + d G 7 ~-G FJ (.ef 1 1 ~ a ri r r Y ' r a a R i r r n f i 1 \ t L~ e~ Y. Ys r r . \ , ~ ~ r ' a a .(4 ~ 4 rt4 R1Tf' r br , fr )fi=J~ { r~ ~r f ~ eJi IK rFtp Yy Tr"~~ xtY 'T r r 1 '~yj•r',A'! r 4 C / ~ V 1~ xT? 1 M T V . A w c r Q ~ ~+..r• i ! 1, x r r ~~7~1i i Y r r'. a. ~t'r , ~ R' ~1r ?TY R` i' it 1"'411 ..r a a qry 1 tl. 1~ ' x i h:V~ X ~~T^'4' ~r ~ Y Y "s b . ,n1 x Y >:0 a~t~~~}x41T ~Fj , lr{ ♦ fi~r*1`v ~'r17 ~~l F x1°: '4+ rx1a T,q 1. a"R ~ `yy i 1 ~.ff Z ~ d P" r f 1~ r,q y ~c 1 y r r } 1 r'. r i qS A}SPu~ 3'1 w , rf ! ! ~~i15Y 2.`§,'~r + I. ~ ~4 F T •i ~ ~ n'x~Y i ~ 1 I FUNDING AGREEMENT THE STATE OF TEXAS § COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal Corporation, " (hereinafter referred to as City), and the Retired Senior Volunteer Program (RSVP), (hereinafter referred to as Agency); WHEREAS, the City's Human Resources Committee (HRC) has reviewed the services of the Agency and has determined that the Agency peL.:orms an important human service for the residents of " Denton without regard to race, color, religion, age or national origin, and therefore HRC recommends funding the Agency; and :F WHEREAS, the City has determined that the Agency merits ¢n assistance and has provided for Four Thousand and No/100 Dollars ($4,000.00) in its budget; NOW, THEREFORE, the parties hereto mutually agree as follows: I. SCOPE OF SERVICES The Agency shall in a satisfactory and y proper manner perform the following tasks: A. The Agency's purpose is to offer opportunities for retired persons sixty (60) years of age or older to do volunteer service in the community. B. To remove obstacles that would keep volunteers from serving (transportation, reimbursement, meals, insurance). C. To develop stations, non-profit, public and private, in which volunteers can serve and with stations representative to design job descriptions for services needed. D. To recognize volunteers for their valuable service. To recognize supportive staff in cooperating agencies. E. To recruit, place and train volunteers. + II. TIME PERFORMANCE The services funded by the City shall be undertaken by the FUNDING AGREEMENT-RETIRED SENIOR VOLUNTEER PROGRAM (RSVP)-PAGE ONE % Pry 71: ;h 1 Agency within the following time frame: October 1, 1982 through September 30, 1983. III, USE OF FUNDS City funds made available under this Agreement shall be utilized by the Agency to perform the following: A. Upon request, reimburse volunteers for mileage from home to place of s,:vice and back. B. For accident and liability insurance for active volunteers plus exceles automobile insurance for those volunteers who drive their cars. C. For recognition purposes. IV. METHOD OF PAYMENT The City agrees to make payment to the Agency upon submis- .ion of approved requisitions in one (1) allotment. It is expressly understood and agreed that in no event under the terms of this contract will the total compensation to be paid hereunder exceed the maximum sum of Four Thousand and No/100 Dollars ($4,000.00) for all of the services rendered. V. EVALUATION The Agency agrees to participate in an implementation and maintenance system whereby the services can be continuously monitored. The Agency agrees to make available its financial records for review by the City at the City's discretion. In addition, the Agency agrees to provide the City the following data and/or reports: A. All external or internal audits. 8. All external or internal evaluation reports. C. Quarterly performance reports submitted in January, April, July and September, to include the following criteria: 1. Number of active senior volunteers. 2. Number of volunteer hours served. 3. Number of stations in which volunteers serve. FUNDING '!rWYEMENT-RETIRED SENIOR VOLUNTEER PROGRAM (RSVP)-PAGE TWO i; tY~ ti r` D. Quarterly financial statements submitted in January, April, July, and September to include expenses and income. ° VI. SUSPENSION OR TERMINATION The City may saspend or terminate this Agreement and Ihy payments to the Agency, in whole or part, for cause. Cause shall include but not be limited to the following: A. Agency's improper, misuse, or inept use of funds. B. Agency's failure to comply with the terms and conditions of this agreement. I. C. Agency's submission of data and/or reports that are incorrect or incomplete in any material respect, or D. If for any reason the carrying out of this agreement "j is rendered impossible or infeasible. i' s In case of suspension, the City shall advise the Agency, in writing, as to conditions precedent to the resumption of funding and specify a reasonable data for compliance. In case of termination, the Agency will remit to the City any unexpended City funds. Acceptance of these funds shall not constitute a waiver of any claim the City may otherwise have arising out of this Agreement. IN WITNESS WHEREOF, the parties do hereby affix their signa- tures and enter into this Funding Agreement as of the day of , 196. CITY OF DENTON, TEXAS RETIRED SENIOR VOLUNTEER PROGRAM eel LPL Z',-6,1 CIT G R fv- DIRECTOR ATTESTt ATTEST: a_< r r CITY SECRETARY TABY APPROVED AS TO LEGAL FORMt C. J. 'TAYLOR, JR., CITY ATTORNEY BY: t~--L26.4 La~&, FUNDING AGREEMENT-RETIRED SENIOR VOLUNTEER PROGRAII (RSVP)-PAGE THREE v ' I O ~ r 0 O P v r ~ W , r . r 4 1 ~ ~ lV ! \ t ~ i 1 ~ ! ~ ~ ' ~ ~ ~ l r i 1 ~ ~ r ~ ~ , r,r' ~ ~ - s: sip r y , a 1.': ,.t } 77 ~5p r1 aJt ~q~ae+t1 ~ j ~'l ".rq i~ i~ "rra T ~ f 1~6 If rr 4 r J4'4 tl!~ 1 r 1" y r Jar N r 4 dL,~' ar 3 ~s r r r f w e rt ~ ' 7 r '4 r r H a It hl`'N ~.r.yy~ i 1 SFr 1 FUNDING AGREEMENT ~ THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § This Agreement is hereby entered into by and between the K City of Denton, Texas, a Home Rule Municipal Corporation, ,A (hereinafter referred to as City) and the Denton City-County Day tl~ Nursery (hereinafter referred to as Agency); WHEREAS, the City's Human Resources Committee (HRC) has reviewed the services of the Agency and has determined that the Agency performs an important human service for the residents of Denton without regard to race, religion, color, age or national ya F origin, and therefore HRC recommends funding the Agency; and WHEREAS, the City has determined that the Agency merits ' assistance and has provided for Six Thousand and No/100 Dollars a x ($6,000.00) in its budget; NOW, THEREFORE, the parties hereto mutually agree as follows: I. SCOPE OF SERVICES The Agency shall in a satisfactory and proper manner perform the following tasks: A. The Agency's purpose is to provide low cost day care to low income families where both parents work. B. To provide two nutritional meals (breakfast and lunch) for the children. Ii. TIME PERFORMANCE The services funded by the City shall be undertaken by the Agency within the following time frame: October 1, 1982 through September 30, 1983. III. USE OF FUNDS City funds made available under this Agreement %ball be utilized by the Agency to perform the following: A• The funds paid to Agency are to be used to provide the scope of services provided for herein. FUNDING AGREEMENT-DENTON CITY-COUNTY DAY NURSERY-PAGE ONE cy 1 i IV. ME'i HOD OF PAYMENT The City agrees to make payment to the Agency upon submis- sion of approved requisitions in one (1) lump sum payment. i w It is expressly understood and agreed that in no event under the terms of this contract will the total compensation to be paid hereunder exceed the maximum sum of Six Thousand and No/100 Dollars ($6,000.00) for all of the services rendered. A V. EVALUATION 4 The Agency agrees to participate in an implementation and maintenance system whereby the services can be continuously monitored. The Agency agrees to make available its financial records for review by the City at the City's discretion. In addition, the Agency agrees to provide the City the following data and/or reports: A. All oxternal or internal audits. B. All external or internal evaluation reports. C. Quarterly performance reports submitted in January, April, July and September, to include the following criteria: 1. Number of children served each month. 2. Income level of families participating in program. D. Quarterly financial statements submitted in January, April, July, and September to include expenses and income. VI. SUSPENSION OR TERMINATION The City may suspend or terminate this Agreement and payments to the Agency, in whole or part, for cause. Cause shall include but not be limited to the following: A. Agency's improper, misuse, or inept use of funds. B. Agency's failure to comply with Loe terms and conditions of this agreement. C. Agency's submission of data and/or reports tha` are incorrect or incomplete in any material respect, or FUNDING AGREEMENT-DENTON CITY-COUNTY DAY NURSERY-PACE TWO 1 I r D. If for any reason the carrying out of this agreement is rendered impossible or infeasible. +i In case of suspension, the City shall advise the Agency, in writing, as to conditions precedent to the resumption of funding and specify a reasonable data for compliance. In case of termination, the Agency will remit to the City any unexpended City funds. Acceptance of these funds shall not A r constitute a waiver of any claim the City may otherwise have is arising out of this Agreement. IN WITNESS WHEREOF, the parties do hereby affix their signa- tures and enter into this Funding Agreement as of the day of 0A;& {4_> , 1982. CITY OF DENTON, TEXAS DEMON CITY-COUNTY DAY NURSERY y7y. fill d^ '62LX ATTEST: ATTEST: CITY SECRETARY SECRETARY APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY BY: FUNDING AGREEMENT-DENTON CITY-COUNTY DAY NURSERY-PAGE THREE MIT MWL c• O C V G G c L 'r . .4 THE TRAVELERS INDEMNITY COMPANY Hartford, Connecticut Continuation Certificate The Travelers Indeunity Company (Hereinafter called the Surety), in consideration of the payment of the premium of (530-=_ hereby continues in force its Thirty and No/100------------Dollars - bond numbered --!5k-059-Q-- on behaif of Kinderfoto International. Itlo. Charlotte N C in favor of City of Denton Texas - for the extended period, beginning on the 10th day of October -_1g 82 and ending on the 10th day of October 19§3~, subject to the terms, conditions and limitations of said bond. This continuation certificate is executed upon the express condition that the Surety's liability under said bond, together with this and all previous continuation certificates shall not be cumulative and shall in no event exceed the amount specifically set forth in said bond or any existing certificate changing the amount of said bond. - Signed, sealed and dated this 10th day of October 19 82 KINDERYOTO INPEMTIONALt INC. BYt Principal WBHE Itn ' .t:rtS INDEAINI coa Pntv~' ~ _ Attorney- n-fact ney E. Tippe t S--665 ACV. 7-67 PRINTED IN u, 7. R. SyM1~~4r4'Myy~~A ~~~M1 .Y~~~4 r, l;ln .1. T, i, h+y~► ~ ~~,I c.. n: ,4.n~' 4 :tr.'+rl,M... ~;~,h~~~'~jr ~+,~'~'~r~' 4I'jY~1NA Z{ y r d. 21` r , Sam FUNDING AGREEMENT THE STATE OF TEXAS § COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: § This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal Corporation, hereinafter referred to as "City", and the Denton County Friends LL a of the Family hereinafter referred to as "Agency"; WHEREAS, the City's Human Resources Committee (HRC) has reviewed the services of the Agency and has determined that the Agency performs an important service for the residents of Denton without regard to race, religion, color, age or national origin, and HRC recommends funding the Agency; and WHEREAS, the City has determined that the Agency merits assistance and has provided for Twenty-Three Thousand and No/100 Dollars ($23,000.00) in its budget for funding the Agency; NOW, THEREFORE, the parties hereto mutually agree as follows: 1. SCOPE OF SERVICES The Agency shall in a satisfactory and proper manner perform the following tasks, for which the moneys provided by the City may be used: A. Provide emergency residential shelter to women and their children, who are victims of famil'! violence. 9. Provide counseling, on both a residential and non- residential basis, to family members, to assist them in dealing with the emotional and physical trauma of family violence. C. Provide counseling services to victims of rape and their families. D. Provide community education services concerning rape and family violence. II. TIME PERFORM4NCE The services funded by the City shall be undertaken by the Agency within the following time frame: October It 1982 through September 30, 1983. FUNDING AGREEMENT-DENTON COUNTY FRIRNDS OF THE FAMILY-PAGE ONE ~i iKTHOD OF PAYMENT The City agrees to make payment to the Agency upon R~ submission of approved requisitions in one lump sum payment. It is expressly understood and agreed that in no event under the terms of this contract will the total compensation to be paid hereunder exceed the maximum sum of Twenty-Three Thousand and No/100 Dollars ($23,000.00) for all of the services rendered. IV. EVALUATION The Agency agrees to participate in an implementation and maintenance system whereby the services can be continuously monitored. The Agency agrees to make available its financial records for review by the City at the City's discretion. In addition, the Agency agrees to provide the City the following data and/or reports: A. All external or internal audits. 8. All external or internal evaluation reports. C. Quarterly performance reports submitted in January, April, July and September, to include the following criteria: 1. Total number of clients served. 2. Residential-Number of women over seventeen (17) housed. 3. Number of children under seventeen (17) housed. 4. Average length of stay of persons housed. 5. Disposition of case. 6. Non-Residential Family Counseling-Number of clients. 7. Non-Residential Individual Counseling-Number of clients. 8. Number of telephone calls related to family violence. 9. Income level correlated to Texas Department of Human Resources and Health 6 Human Services Poverty Guidelines. 10. Number below poverty level. Number above poverty level. FUNDING AGREEMENT-DENTON COUNTY FRIEUDS OF THE FAMILY-PAGE TWO f`00~ Y i I I M.I..~M~.I~TTww.rw ~I 1 11. Number of rape cases. 1 12. Other appropriate information such a`s number of volunteer hours, major donations, fund raising efforts, community education programs, and new program developments. D. Quarterly financial statements submitted in January, April, July, and September to include expenses and income. E. An explanation of any major changes in program services. 9 F. An explanation of use of funds to provide additional services. Vi. SUSPENSION OR TERMINATION In case of suspension, the City shall advise the Agency, In writing, as to conditions precedent to the resumption of funding and specify a reasonable date for compliance. In case of termination, the Agency will remit to the City any unexpended City funds. Acceptance of these funds shall not constitute a waiver of any claim the City may otherwise have arising out of this agreement. IN WITNESS WHEREOF, the parties do hereby ai.tix their signatures and en er into this Funding Agreement as of the to - day of 4Iii , 1982. CITY OF DENTON, T AS DENTOt! OUNTY g ENDS OF THE FAMILY CIT D RECTOR ATTE ATTEST: ~ 9 TY SECRETARY SECRETARY APPROVED AS TO LEGAL FORMi Co J. TAYLORpJJR., CITY ATTORNEY BYt / FUNDING AGREEMENT-DENTON COUNTY FRIENDS OF THE FAMILY-PAGE THREE 1~= d v r, i { T Iii • ~ ~ r N S I ~ l , V t - ~ CC-215-EASEMENT. q Martln Stationary Co., Oa:las VG' 11-72PAGE 88 THE STATE OF TEXAS, KNOW ALLMEN BY THESE PRESENTS: COUNA OF DENTON 10 REC MS' 29986 THAT LYNN COTT and husband, JERODSE COTT of Denton County, Texas in consideration of the sum of TEN AND N01100 ($10.00) DOLLARS--------- and other good and valuable consideration in hand paid by the City of Denton, receipt of which is hereby acknowledged, do by these presents grant, bargain, sell and convey unto to the City of Denton , the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, owned by us . Situated in Denton County, Texas, in the J. Fisher Survey, Abstract No. 421 , and further described as follows: All that certain lot, tract or parcel of land lying and being situated in the County of Denton, State of Texas, and being part of the J. Fisher Sur- vey, Abstract No. 421, and also being part of a tract of land conveyed from B. J. Glascock and wife, Rose Ann Glascock to Jerome Cott and wife, Lynn Cott, by deed dated July 8, 1982, and recorded it Volume 1152, Page 468 of the Deed Records of Denton County, Texas, and being more particu- larly described as follows: BEGINNING on the north line of the above described tract at the intersection with the east line of F. M. Road 2181 (a variable width right-of-way), Thence S. 88 deg. 07 min. 04 sec. a distance of 1420.0 feet to the PLACE OF BEGINNING. TIKE South 88 deg. 07 min. 04 sec. EAST a distance of 62,00 feet to a point for comer;, THENCE South 00 deg. 37 min. 04 sec. VST a distance of 840.00 feet ':o a point for corner; TH U, South 89 deg. 22 prin. 56 sec. WEST a distmne of 6.00 ip.-t. to a point for comer, ; THENCE South 00 deg. 37 min. 04 sec. EAST a distance of 20.A fcfnt to a point for comer; TEE South 89 deg. 22 irin. 56 sec. WEST a distance of 10.00tfeet to a point for corner; THENCE North 00 deg. 37 min. 04 sec. WEST a distance of 827.30 feet to a point for comer. ; TMNCE North 52 deg. 59 thin. 55 sec. WEST a distance of 58.00 feet to the POINT OF BEGINNING, and containing 14,412.74 square feet of 0.3309 acres of land. ~4~t~3KDSX~it3fS~r2t3riKt?ta?iK4i~2S9t1tx~1}~}~K~4~~xe`tt'fK~Ft'[lb'b'Hf3'Fl';x~~QE7~x ~otiarm;~afitataxot woo k~i)!txotctoa~x if xaoxftx iDim~exkR'~tthRYtrkd4A4fib4ll~x Rlk ~@f~F ~c >i~iaxsc~>~c~tk~axxaaxxa~oxx+~~ac6o~ax~Extt~xs~iclcIIasaRari~c 41 F'or the purpose of erecting, operating, maintaining and servicing an electric power line in, along, upon and ej acrr-,ss said premises, with the right and privilege at all times of the grantee herein, his or its agents, G7 c: 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 power line any part thereof. successors and msignk; s TO HAVE AND TO HOLD unto the said City of Denton,, its / as aforesai or the purposes aforesaid the premises above described. rvF Witness our hands , this the day of October . A.D. 1982, , . 6 ; r e__ TT ~~i1~__.__ 4.'t ~r JUDME COTT VU . P'GE CV t7 s phi " itgb' ,~IG~6r ;F,'G;6Gt0®ti;G"vU0,Y3,.EtG'i3pO ~t:art00v! F~r~: 104 M~~t,Q~~A~ry~t0~di ~ii~~~4~t~~laQ A ~nti~,:4~Fd3~~~9j~anJ'}rLN+:CfI~N~~!!~iF ~.I~..... ,dS x,411 .u-.._._in,,Pr n....~,, ACKN'OWLEDG51ENT YUL 1,' 72pr,~; So T STATE OF NEW YORK f3 H1E COUNTY OF yF w' c /t' BEFORE ME, the undersigned authority, • in this day person-My app~a`re-f-- bT COTT and I1usb and , JEROM COTT known to me to be the person s whose name s are subscribed to the foregoing ihstrument, and acknow gff%",R that the Y executed the same for the purposes and cunsideration therein expresked. .v {4~y~f,;lt GIVEN UNDER MY HAND AND SEAL OF OFFICE, Thls day of A.Q. t9 BG _ (T..S.) .1 C, ;,r Public, in and for theStaklot' if 1'keAA< My C n Expires;0.TAhf_PUIL o` ACKNOWLEDGMENT Q ,.i f ,rwv Ceunty THE STATE OF TEXAS, zzmson fx~ ras Glarctt a7, 1983 l: COUNTY OF } BEFORE ME, the undersigned authority, on this day personally appeared known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that he.... executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This _ day of A.D. 19.....__ (L,S,) - Notary Public, In and for the State of Texas. My Commission Expires CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF.._...._._..__.._.._._........ on this day personally appeared - known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same wax the act of the said _..Y_._....___._............. a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This....... -...day A.D. 19.---._ (L.S.) Notary Public, in and for the State of Texas. My Commission Expires CLERK'S CERTIFICATE THE STATE OF TEXAS, I, . County COUNTY OF. . _ Clerk of the County Court of said County, do hereby certify that the foregoing instrument of writing dated on the day of , A. D. 19 , with its Certificate of Authentication, was filed for record in my odfce on the-.- .............day of.............. , A. D. 19....... at , . o'clock_. M., and duly recorded this . day of .A. D. 19........., at- ...o'clock _ _ M., In the Recorjs of said County, in Volume , on pages..., WITNESS MY HAND AND SEAL OF THE COUNTY COURT of said Coun: • , at oflice in._,..,... . the day and year last above written. 0 . . _ OF 1e"aa0 tot County Clerk....... County, Texas. 0 ' I' C a o\r (L tva' ~3' ltd 87.- Deputy. F ti~~ G~.Ep~l. .`n.t~, GV ;n9 } oan'cp0'i rise' as ^b~ ~eteo i\ sta.,.?'';:O `J' ty` '.0 y~ ao\an q t? q `E' 3 Is a /b I E l:J 7. 1~ ,x ~ THE STATE OF TEXAS 0 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON ( • Dan REC'OF M ' 30509 THAT WE, LAKEWOOD ESTATES PARTNERSHIP, a Texas Partnership, for and in consideration of the sum of One Dollar ($1.00) cash to us in hand paid by the City of Denton, Texas, a municipal corporation of the County of Denton, State of Texas, the receipt of which is hereby acknow- ledged, and other good and valuable consideration including the benefits that will accrue to our property, do hereby GIVE, GRANT and EXTEND to the said City of Denton, Texas, its successors and assigns, the right to construct or reconstruct utilities and perpetually maintain an All- Purpose Utility Easement in, upon and across land described as follows,. Said Tract beng in the STEPHEN HEMBRIE Survey, Abstract No. 643, Denton County, Texas and Recorded in Volume1172, Page 318, in the Deed Records of Denton County, Texas, and containing 83.806 Acres of Land. Said easement crossing this property, comprising two parts, as herein designated and described, including (1) a permanent easement 35 feet in width, for construction, or reconstruction of utilities and appurte- nances, and for perpetually maintaining an All Purpose Utility Easement, and (2) an additional area adjacent to the permanent easement 40 feet in width, to be used for initial construction. PART 1. PERMANENT EASEMENT BEGINNING at a point in a Public. Road, said point being in the South Boundary Line of the Stephen Hembrie Survey, Abstract No. 643, Denton County, Texas, and also being the Southeast Corner of said 83.806 Acre Tract; THENCE N 88°15'35" W with said Public Road a distance of 35.02 Feet to a point for corner; THENCE N 00°00'50" W parallel to the East line of said 83.806 Acre Tract a distance of 1456.77 Feet to a point for corner in the North Line of said Tract; THENCE N 84°20'30" E with said North Line a distance of 35.17 Feet to the Northeast Corner of said Tract, an Iron Pin for corner; THENCE S 00°00'50" E with the East Line of said 83.806 Acre Tract a distance of 1463.3 Feet to the Point of Beginning. PART 2. CONSTRUCTION EASEMENT In addition to the 35 foot permanent easement as described above, an initial construction easement 40 feet in width is to be furnished. This easement will be adjacent and parallel to the permanent easement and will lip on the West side of said permanent easement. Construction easement to be used for initial construction only. VOL IMPACE 41 r T-117" PAGE 42 The City of Denton, Texas, shall have the right and ' privile~'e to rem emove and disDc:e uf, off the site, trees,' brush, debris, excess exacavated material, etc, in the easements, that would interfere with access to the construction site and that would interfere with construction of the said facilities. TO HAVE AND TO HOLD, all singular, the privileges aforesaid to it, the said City of Denton, Texas, its successors and assigns forever, together with the right and privilege, at any and all times to enter said premiss or any part thereof, for the purpose of constructing, reconstructing and perpetually maintaining said facilities together with necessary appurte- nances inside said perpetual easements and for making connections therewith; all u.er the condition that the City of Denton, Texas, will at all times, after d;Ing any work in connection with the construction, reconstruction or repair of said facilities restore said premises as nearly as feasible to the condition in which same were.found before such work was undertaken, including repair of all fences that might be disturbed or damaged in per- forming 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 do any act that will be detrimental to said premises and that said tract will not be used by said-City of Denton, Texas, for any other purpose, under this grant, except as herein provided. WITNESS OUR HANDS this day of D. 1982 THE STATE OF TEXAS ) Before me, the undersigned authority, on this day personally appeared 346A 5. I , a member of the partnership of LAKEWOOD ESTATES PARTNERSHIP, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said LAKEWOOD ESTATCS PARTNERSHIP, a limited partnership, and that he executed the same as its General Partner Ind as the act of such partnership for the purposes and consideration therein expressed. Given un P d seal of office on this 1~ day of O~av~ a., r A.D., 1982. ~a0 ~i,n1) Notary~ublic in and or the State ► OF DC of Texas ~i..N%-, X hk My Commission exGir`es-,it T' • D=..N't~©N STll~7~. S~~E~OCtiC, 201.4 aa. ;U rl~,' Y 4 P. eoe --Mr3izls SUS Y It 1-~ R vp d 1F d ;AMSep PAUU 11) ~ ~c ~ ~ ' 11501 Ac,, In v p 11) % 14 1 1) ~c 0 ~ O 4 Poird of Scapnniny U f5 L I C t~ a c::p I ~ MZ-: A C/-IANr S Ur1V9`C A• So EAS~M=~uYS To TH10 C.I'f Y eIr oizmTow , TS KAle L4K.EW660 ZSTC:5 P4RI'ME-65AUP val., Cja, DYYn 12t~oan9 osNYatvCd.,~Tr.x. `I. 20• VOL l173PAGF 43 r~ rE or ITYas r n,rFn r CeUNTr cre~Y. si'r'+rrr of eFNTUrq , ,5' I) (h' '^r7^ ad'd an f l eor or,65 GI C,c', CCU, L' 8 I I'.,~. ~r fh ra,dprY C. and ruror~B OCT 1 n con DY my, 0 I / COUNTY CIER.Y, Oentoa County, rte' { VOL IMPAGE 44 0 H. o *rt °a. _ IN 0 N 3 r 0 V a N ~a d o ct ft ra r~ A -V I O to U1 n' i + N ct ::j (t rn ~ n ~a 1~ ih~" ;W ^~l 1y yA ~C i. ^re~ 4{n v l r~!` Iv" a ki rY{e 1 ~4~ t v \i 1 . ! e iA C~. ~'>x L" e e •i [ r~ r r die 1i i { ~i it fi ilk' r i~it e t r r:+ " ♦i, r e`r'ee ii k'~~ r fy ; ~Y .,~c~ , ti•~py e' ~7 a a.~t ..i~rt = et.,, ~\C i"., + ' i+,, ~p ` ~F i%j{.4+`, \1rtf r '.p rY♦ + ':S ~ ria l 'f ~ + ~rti S i.~+. 11fF Yr ~y" Y3 ~'S r\r f i` i I f` ~ ' e ; r + i v r i ar f,.J d d ~''ti IFl~e,r a k+ \ ~ eR s y ~ 1 a a L r' e ! ) K'--."~~ ~ i 5't ~ i f e T~1 ~rr~,~n'h `♦f n .v F + tt 17 k i 1 f ~ ' e INDEPENDENT CONTRACTOR'S AGREEMENT THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DFNTON S The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager, and Priority Systems, Inc., herein- after 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. System Programming 2, COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: A. Amount of Payment for services: Forty dollars ($40.00) per hour through March 31, 1983; Forty-three dollars ($43.C0) per hour - April 1, 1983 through September 30, 1983, up to $39,825.00. B. Dates of Payments: Ten days after invoice is rendered 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 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 haire 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 ofoand to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. INDEPENDENT CONTRACTOR'S AGREEMENT - PRIORITY SYSTEMS, INC. - PAGE I V 'i 1 / 2* 4. SOURCE OF FUNDS: All payments to Contractor und-r this agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of } Denton. 5. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City agrees to furnish to Contractor the following services and/or `Y supplies: I" A. None 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. (ANCELLATION: City reservas 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 October, 1982, and end September 30, 1983. EXECUTED this the ~8 day of _10 LPL , 1482. CITY OF DENTO TEXAS BXs CITY G ATTEST .ONTRACTOR . ICKI WESTLING, DEPU By; CITY SECRETARY APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY BY: That Gary A. Collins, is hereby des°gnated as the person to administer the provisions of this agreeaon T INDEPENDENT CONTRACTORS AGREEMLOT - PRIORITY SYSTEMS, INC. - PAGE 2 e Ile 6 I 1 1 ' DENTON GIRL'S EWMALL ASSOCIATION r THE STATE OF TEXAS S CONTRACT FOR SERVICES COUNTY OF DENTON S F y This Agreement made this the 1st day of April, 1983, by and between the Denton Girl's Softball Association, hereinafter ,ark' referred to as the "P ssociation", and the City of Denton, wF hereinafter referred to as "City", each acting by and through its authorized officials, pursuant to the following terms and conditions: I. City Agrees to deposit with the Association the sum of Four Thousand One Hundred and N01100 ($4,100.00) Dollars and certain fees and charges hereinafter described, for the City's fiscal year 1982-83. Association shall submit an annual budget to the Denton Parks and Recreation Department for approval which shall set forth on an item by item basis the fees and 'charges hereinafter described, and the above Four Thousand One Hundred and No/100 ($4,100.00) Dollars, the City will make one payment to the Associ- ation on the 1st day of April, 1983, in the amount projected in the annual budget. City shall make such payments solely from current revenues in the budget of the Parks and Recreation Department. Expenditures shall be authorized for a period from April 1 through August 31, 1983. II. Assooiation agrees to provide qualified umpires for all Girl's Youth League Softball games and special games that are sponsoted by the Denton Girl's Softball Association. III. Assoolatfoo agrees to the following additional terms and conditionsk 1. It will establish a separate` bank account for deposit of the Four Thousand One Hundred and No/100 ($4,100.00) Dollars paid to the Associat±on by the City and all expenditures for services provided shall be made from this account. 2. It will establish, operate, and maintain an account system for this program that will allow for a tracing of funds and a 1ILL' L review of the financial status of the program. VILL,; 3. It will permit authorized officials for the City of Denton to review its books at any time. 4. It will reduce to writing all of its rules, regulations, and policies and file a copy with the Director of Parks and Recreation or his authorized representative along with any amendments, additions, or revisions whenever, adopted. 5. It will not enter into any contracts that would encumber the City funds for a period that would extend beyond: the term of this Agreement. 6. It will prepare and submit a report of expenditures and revenues to the Director of Parks and Recreation or his repre- sentative by the 1st day of September, 1983. 7. It will refund the balance of the special account to the City of Denton on or before September 1, 1983. 8. It will promptly pay all bills when submitted; unless there is a discrepancy in a bill which should be promptly reported to the Director of Parke and Recreation or his authorized repre- sentative for further direction. 9. It gill appoint a representative who will be available to meet with the Director of Parks and Recreation and other City officials when requested. 10. It will indemnify and hold harmless the City from any and all claims and suits arising out of the activities of the Associ- ation, its employees, and/or contractors. 11. It will obtain releases from the offioials which will release, indemnify and hold harmless the City and the Associ- itioh from any claims, injuries, or damages of the officials. 12. It will retain officials as independent contractors and not a~_ e~aployees. GIRL'S SOIPTHALL ABSOCIATION-PA08 2 ' ~ T.MM~-~YVMAMMT Vi'TI AY.MC 1Mt♦>O Mwliwil.4Y~n~/s'.M'ww lw.wu-pMO~f'.-1~~1. VTII~IM~/~+aMY.1.~.~ 1 1 1 , IV. P The general terms and conditions are as follows: 1 1. If any of the terms and conditions are not complied with by the Association, the City is authorized to refuse to make any iSw further payments until the condition on which the complaint is ti based is corrected to the satisfaction of the City. 2. This contract shall be subject to all valid rules, regula- tions, and laws applicable thereto as promulgated by the United States of America, State of Texas, or any other governmental body or agency having lawful jurisdiction. 3. Association is authorized and should give notices required herein to the Director of Park; and Recreation or that person's authorized representative. 4. Any contributions or gifts received by the Association are not subject to the provisions of thif: contract and they should be kept separate and apart from the '.ands, charges, and fees covered by this contract. 5. Association shall provide its services and be paid by the City in the capacity of an independent contractor and not as an agent or department of the City. It shall have complete control, supervision, and responsibility for its activities under this contract including the hiring, supervision, and control of its employees. IN WITNESS WHEREOF, the parties hereto, acting under authority of their governing body and Board of Directors, have caused this contract to be duly executed in two counterparts, each of which will constitute an original, as of the lot day of April, 1983. T 1 MAYO R LA OF DE N, TEXAS ATTESTo CHARLOTTE II Ni IT SECIMR CITY OF DENTON, TEXAS GIRL'S SOFTBALL ASSOCIATION-PA0E 3 11 1 r h, ~ 1 • 1 1 ~I~S/RriR~MPIM.M~+w~+w~rr~IwMa i_,nJeli ' APPROVED AS TO LEGAL FORM: f: s C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS .a 1 BY ~ s "n' DENTON GIRL'S SOFTBALL ASSOCIATION r BY: D ID WRITE, PRESIDENT— That Paul Leslie, is hereby designated as the person to administer the provision of this agreement. -CMqK ATUNG CITY MANAGER Y k ~i uaE 1 ' ~ r 1 N.. { sf• w i . i j~ r~~~y _ _ ♦YJII L • 5F ! i ~ yy 4 fi N R ) a ti r R A r7 a' 1 r e t ,,p v r g R r7~.~i'i y ~ q2 v}S}3 ~,n„,),~vS#,I a~'~rr C1uy~t yr1 y 'F ~rw .V4 1. X 3 fhC ,r( vA~ i~1 Q t lfiJk~.rl y s l'+ rTk'7 3Y'a~, {61ri ,''Y[~ F ► P ♦ ry Y hw 7'.' 1y' rfi r f¢~ r ~J r' r as w r c. v ~i I, y DEN`fON BOY'S BASEBALL, ~ INC. THE STATE OF TEXAS $ CONTRACT FOR SERVICES COUNTY OF DENTON $ This Agreement made this the 1st day of April, 1983, by and between the Denton Boy's Baseball, Inc, hereinafter referred to as "Association", and the City of Denton, hereinafter referred to as "City", each acting by and through its authorized officials, pursuant to the following terms and conditions: I. City agrees to deposit with the Association the sum of Eleven Thousand and No/100 ($11,000.00) Dollars, and certain fees and charges hereinafter described, for the City's fiscal year 1982- 83. Association shall submit an annual budget to the Denton Parks and Recreation Department for approval which shall set forth on an item by item basis the fees and charges hereinafter described, and the above Eleven Thousand and No/100 ($11,000.00) Dollars, the City will make one payment to the Association on the 1st day of April, 1983, in the amount projected in the annual budget. City shall make such payments solely from current revenues in the budget of the Parks and Recreation Department. Expenditures shall be authorized for a period from April i through August 31, 1983. II. Association agrees to provide qualified umpires for all Boy's Youth League Baseball games and-special games that a-.s sponsored by the Denton Boy's Baseball, Inc. III. Association agrees to the following additional terms and conditions: 1. It will establish a separate bank account for deposit of the Eleven Thousand and No/100 ($11,000.00) Dollars paid to the Association by the City and all expenditures for services provided shall be made from this account. 2. It will establish, operate, and maintain an account system tot' this ''program that will allow for a tracing of funds and a review of the financial status of the program. r e 3. It will permit authorized officials for the City of Denton to review its books at any time. 4. It will reduce to writing all of its rules, regulations, and policies and file a copy with the Director of Parks and Recreation or his authorized representative along with any amendments, additions, or revisions whenever, adopted. 5. It will not enter into any contracts that .?ould encumber the City funds for a period that would extend beyond the term of this Agreement. b. It will prepare and submit a report of expenditures and revenues to the Director of Parks and Recreation or his repre- sentative by the lst day of September, 1983. 7. It will refund the balance of the special account to the City of Denton on or before September 11 1983. 8. It will promptly pay all bills when submitted: unless there is a discrepancy in a bill which should be promptly reported to the Director of Parks and Recreation or his authorized represen- tative for further direction. 9. It will appoint a representative who will be available to meet with the Director of Parks and Recreation and other City officials when requested. 10. It will indemnify :,nd hold harmless the City from any and all claims and suits arising out of the activities of the Associ- ation, its employees, and/or contractors. 11. It will obtain releases from the officials which will release, indemnify and hold harmless the City and the Association from any claims, injuries, or damages of the officials. 12. It will retain officials as independent contractors and not a,s employees. IV. The general terms and conditions are as followsi 1. If any of the terms and conditions are not complied with by the Association, the City is authorized to refuse to make any further pAyments until the condition on which the complaint is basio,& Is corrected to the satisfaction of the City. DHNTON BOY'S HA8g8ALL, INCs-PAGE 2 2. This contract shall be subject to all valid rules,•regu- lations, and laws applicable thereto as promulgated by the United States of America, State of Texas, or any other governmental body "x or agency having lawful jurisdiction. 3. Association is authorized and should give notices required herein to the Director of Parks and Recreation or that person's 'k authorized representative. a;t 4. Any ontributions or gifts received by the Association are Y: not subject to the provisions of this contract and they should be i kept separate and apart from the funds, charges, and fees covered by this contract. 5. Association shall provide its services and be paid by the City in the capacity of an independent contractor and not as an agent or department of the City. 3~_ shall have complete control, supervision, and responsibility for its activities under this contract including the hiring, supervision, and control of its employees. IN WITNESS WHEREOF, the parties hereto, acting under authority of their governing body and Board of Directors, have caused this contract to be duly executed in two counterparts, each of which will constitute an original, as of the 1st d y of April, 1983. I RD 0. STE T, MAYO CI OF D NTON, TEXAS ATTESTS CHAkLOTTE ALLEN, CITY S TARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMt C. J. TAYLOR, JR., CITY ATTORNEY BOY'S BASEBALL, INC. CITY OF DENTON, TEXAS 00-1" LL 4 Byl BY: RONNIE ROBERTS, PRESIDENT That Paul Leslie, is hereby designated as the person to administer the provision of this ee / 44 00 02h G It- CITY MANAGER DENTON BOY'S BASEBALL, INC.'-PPT.I 3 . , ' i ~ ' ' ~ ~ ~ ~ ~ ~ ' ~ ~ ~ ~ A ..{n `f/~ i... ~ - i' ..1 a~. ' - c ,I " i1: ~ ~ 7 ~ 1 { l.R, x tf ~ ~ ~ CC•215-EASEMENT; Martin Statlonery Co , Dallas THE STATE OfP 'T'EXAS, , KNOW ALL 11EN f3Y THESE PRESENTS: , COUNTY OF Dentor. M KfCTW4Yg' Metroplex Golden Triangle Development Company 29786 THAT d/b/a Golden Triangle Development Corp. of Denton County, Texas , in consideration of the sum of one Dollar ($1.00) and no cents - - - - - and other good and valuable consideration in hand paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by these presents grant, bargain, sell and convey unto to the City of Denton, Texas , the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, owned by it . Situated in Denton County, Texas, in the A.N.B. Tompkims Survey, AbstractNo.1246 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 A.N.B. Tompkins survey, Abst. No. 1246, and being part of Lot No. 11, 12, 13 `s14 & 15, of the James Dougherty Addition, an addition to the City/County of Denton, and also being part of a tract of land as conveyed from the Estate ,-pf James H. Dougherty to Metroplex Golden Triangle Development Co., d/b/a ;':Golden Triangle Development Corporation by deed dated 7-27-82 and recorded An Volume 1155, Page 864 of the Deed Records of Denton County, Texas, and ~Inore particularly described as follows: TRACT 1 he north 10 feet of Lots 14 and 15 and being 130.32 feet in Being i•Clength and containing 1303.2 square feet of land more or less; TRACT 2 7 Beginning at the northwest corner of Lot 13, same being the northeast Aorner of Lot 14, said point lying in the south right-of-way line of Highland ,r 23)ark Circle;,' , Thence South 89050 easy along the north boundary line of said lot, same -.1eing the south right-of-way line of Highland Park Circle a distance of .'128.66 feet to a point for a corner; Thence South 84°27122" west a distance of 100.50 feet to a point for a corner; Thence North 89150' west a distance of 28.66 feet to a point for a Y--corner in the west boundary line of Lot 13, same being the east boundary iline of Lot 14; Thence North 00010' east along the west boundary line of Lot 13, being rsthe east boundary line of Lot 14, a distance of 10 feet to the place of `:)eginning and containing 786.61 square feet of land more or less. : And it is further agreed that the said City of Denton, Texas ~k c in consideration of the benefits above set out, will remove from the property above described, such fences, -x buildings and other obstructions as may now be found upon said property. tv For the purpose of constructing, reconstructing, installing, and perpetually d maintaining, elec., telephone, gas utilities, & cable t,v,in, along, upon and y 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. S' any part theteof. 1T TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premixes above described, Witness hand , this the / day of A.D.- 19 82 Golden Triangle Development Cor B 40Wvn„e r. t.q rWol7,3,',4 ¢ L VOl ~1~iP~GES~ THE STATE OF TEXAS, ACKNOWLEDGMENT t COUNTY OF f • BEFORE ME, the Undersigned authority, on this day personally appeared • A ~ known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that he. executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of A.D. 19 (L.S.) . Notary Public, in and for the State of Texas, My Commission Expires ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared known to me to be the person . whose name subscribed to the foregoing instrument, and acknowledged to me that he. . executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of A.D. 19-- I L. S.) Notary Public, In and for the State of Texas. My Commission Expires CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS, 1 BEFORE ME, the undersigned authority, COUNTY OF... Denton.-. _ 1 on this day personally appeared J~..-.y,-S.trange,_..SPcretary, Vice-Rresident- ...of------- ......,..QQ1den.._T> Tr-tart --known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said _....__...Golden._;rianq p...Deyelopzt}An ._q4XL?9za iQn-•-.--...._. a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. 7~ GIVEN UN ER MY HAND AND SEAL OF OFFICE, T ,Z1St..daq oo %the LJrr A.D. 19..82 • •a JEAN£TTE SCOTT otary Public, and f tate of Texas. tty0aahsYsEptast~adu.lld My mission Expires CLERK'S CERTIFICATE THE STATE OF TEXAS, l,...... County COUNTY OF.. . Clerk of the County Court of said County, do hereby eerttfth* foregoing Instrument of writing dated on the C~ t1' onp~i){Ilrcation _ day ef.......... , A. D. !e . oounrKbt 'on ee e , was filed for y Mlaby certi h, feu; M., and duly record in my office on the day of......_.................. e{Y. tbJ ltls fnsbr Lays fleB recorded this_..._..._......._day of.........._.........._ Aite'iind'Gme gtaq~pej~ereon by.F@ jnd.wssgf" eanird In-the Air, nj"aga of tAe name0 recor _ M•, in the Record st'1E94CuotmfylanesVR),1! hereo'A'1 mkQlnpagea........._.........., WITNESS MY HAND AND SEAL OF THE COUNTY COURT of saa epg2 a{9-fge In the day an above written. ~....J........ 4 'lerk .b....__ County, Texas. (L 9.) By... ...i........................ r Deputy. COIINTY CLERK, Denton County. Tsnr lai O o 330 rd i Lft o ii T. a a ° t i s T i,"~` i l k i l e' t\ e I O I I s`~ 0 43 '4 94 tit 9 9 2 f i~ L{ Li ~ d laf kk Y rr11 44 U C~l I 0 ra Y INDEPENDENT CON,`PRACTOk'S AGENT { THE STATE OF TEXAS § COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTSs § 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 General Electric Corporation, hereinafter called "Contractor", hereby mutually agree as follows: s 1. SERVICES TO BE PERFORMED: City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following services: A. Field Service Engineer for repair and inspection #5 Turbin and Generator for approximately 50 days. 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: A. Amount of Payment for Services: $528.00 per day plus $30.00 per day for expenses. B. Dates of Payments: Weekly or at end of contract. 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 considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 41 SOURCE OF FUNDSs 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-GENERAL ELECTRIC-PAGE ONE ` 5• SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City • • I fh agrees to fiirnish to Contractor the following services and/or supplies A. NONE 6. INSURANCE: Contractor shall provide at his own cost e. and expense workmen's compensation insurance, liability insurance, p+17 and all other insurance necessary to protect Contractor in the 1~. At, operation of Contractor's business. 9 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 15th day of October, 1982, and end on the 17th day of December, 1982. EXECUTED this the ay of October, 1982. CITY OF DENTON, TEXAS BY, • I ATTEST: HA T ALLEN, CITY SECKE-TIM7 AtVie4 A4,, APPROVED AS TO LEGAL FORM VA r C. J. TAYLOR, JR., CITY ATTORNEY C~/ZSE 1-8~~f 17•~Jf-a0 1-1 0 RAN df~ S CONTRACTO BY: /b R9' 8"2 That R. E. Nelson, is hereby designated as the person to administer the provision of this agreement. 5ATE C! ITS NAGA' INDEPENDENT CONTRACTOROS AGREEMENT-GENERAL ELECTRIC-PAGE TWO 1. y. dal. 4th , Coro r 11116141 1~ r .r NAME r•vr AIIIFPE45 OF -rt%cy ORVILLE NEOL INSURANCE AGENCY, INC, COMPANIES AFFORDING COVERAGES P. 0. Box 9167 COMPANY Fort Worth, Texas 76107 LIFTER A Northeast Insurance Company COMPANY LEITER Guaranty County Mutual Insurance Co, - N! IE AND ADDH(YS f~f INSup[E` - ONE WAY SERVICE, INC. COMPANY ■ LEI[R Canal Insurance Company P. 0. Box 14129 I CttFP Fort Worth, Texas 76117 IFiMNY COMPANY C EI TER G This is to cbrtlJy Inat poh-ies of in suearca , c be CA no• t +I S3 PC t. r „ teamed abole and are in torce at this ti me, Notw nhstanding any req wr a merit, term or Cond ition of any contract or other docu meet w,Th •PsoecI to wh cm C?rAI carp maY as ir,,m or may pertain, the insurance afforded by the policies described her tin is subject to al! the terms, exclusions and ccnd,tons o! vich crh( es Lirnits of Liability in Thousan s ) I COMPANY F( Ot iNo': Hl v f POLIC Y 1E1TLR Fxl`1AAT1(1N CIAIF EACH AGGR[GA*[ BoDILY 1 A ❑x cGMPR[H[NSIYE FORM GL 563 3863 10-26-83 INJURY 1 300 300 ~PR(MISCS-.OPEPArIONS PROPERTY DAMAGE s 100 1100 EFPLOSION AND !'OLIAPSF HAZARD O UNDERGROUND HAZARD - - PRODUCt5,coMPL F T E D ~~Tl OPERATIONS HAIAR! BODILY INJURY AND Ij CONTRACTUV, M9VRAw.I PROPERTYOAMAGF s 1 BROAD FORM PROPER.. COMBINED DAMAGE ® INDEPENDENT CONYPACT-li - ® PERSONAL NJUP1 t'FRSDN4L IN4abv AUTOMOBILELIABILITY BODILY INJUPf B COMPREHENSIVE ri H BA 407 604 10-26-83 BOOELY[ACHPEINaoJURY NI ® I*~ ® OWNED {EACH ACCIDENT) ®HIRED PROPERTY DAMAGE is ® NONOYINED BODILY INJURY AND PRCPERTY DAMAGE COMBINED EXCESS LIABRffY LA FORM XS 00 7699 10-2b-83 BODI[YINJURYAND ove C UMBREL PROPERTY DAMAGE i is OrHERTHANUMRRFLL: COMBINCb FORM yl Afu TORT A EMPLOYCrtS' LIASILITY GL 563 3864 10-26-83 , son OTHER OCCUPATIONAL $500 per employee A ACCIDENT GL 563 3864 10-26-83 Medical/AD&D/Loss of Income DESCRIPTION Of OPERATIONSrLOCAT60NSFV[H1CEF5 Cancellation: Should any of the above desc i ed policies be cancelled before the explration date therein, the issuing Coln- pany will endeavor to mall days written notice to the below r,am.d certificate hi but failure to mart such notice yt4Jll impose Ito obllgahor, or liability of Tny kind upon the company NAME ANDArCCAt55 OF G0141 1i HOIIIFR October 22, 1982 City of Denton DATE Issuro City Secretary Elenton, Texas 76201 FlLU` AtJT HnR11Tn REPRf SLNFAf'VC f i I Ob n VI 25 !SCY 1~ % #9047 r STANDARD FORM OF AGREEMENT STATE OF TEXAS COUNTY OF Denton THIS AGREEMENT, made and entered into this 8 of October , A.D., 19 82 _ and between the day city of`ttFe'CountyofDenton an the State o Texas, acting through G. Chris artung, Cit Mana er t ereunto u y authorize so to o, Party o t e First Part, herein after termed OWNER, and Jay-Mar Corporation, P.C. Drawer 370, 1819 Dunn Street Grapevine, Texas 7005 , C.J. u-c ns, res en of the City 0 Grapevine COUnty O arran r-l and State of Texas Party of the Secon Part, herein- after termed ' WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First Part (OWNER), and under the conditions expressed in bond bearing even date herewith, the said Party of the Second Part (CONTRACTOR), hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of the certain improvements described as follows: Bid #9047 Service Center Drainage Improvements locat in the Cit of Denton an a extra work in connec tionedtherewith* under the terms as stated in the General Conditions of the Agreement and at his (or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with SF - 1 #94047 • the Novice to Contractors, General and Special Conditions of Agreement, Plans and other drawings and printed or written explanatory matter thereof, and the specifications and addenda therefore, as prepared by Greg Edwards, City Engineer herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR and the ENGINEER, together with the CONTRACTOR'S written proposal, the Geneal Conditions of the Agreement, and the Performance and Payment and Maintenance Bonds hereto attached; all of which are made a part hereof and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work within fifteen (15) days after the date written notice to do so ohall have been given to him, and to substantially complete the same within fifrPPn ( 15) working days after the date of the written notice to commence work, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. on rst Par JaY-Mar Cotporacion arty o t e econ art (CONTRACT R) V By CiC. HetchnsPes t AtAttest: APPROVED AS TO FORM: i C. . TAY R, J . CITY ATTO EY SF - 2 #97 PERFORMANCE BOND STATE Ur TEXAS COUNTY OF Denton KNOW ALL MEN BY THESE PRESENTS: That Jay-Mar Corporation Of the City of Grapevine County of and State of Texas as principal, and merchants Mutual Bonding Company authorized under the laws of the State of , to act as c surety on bonds for principals, are held and firmly bound unto The City of Denton, Texas in the penal sum Of Twenty-nine thousand, eight hundred seventy-five S no/100 Dollars 290875.00 ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the City of Denton, dated the . dPy of `nrtoher 19 82 To which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, PB - 1 NOW, THEREFORE, THE CONDITION OF THIS that if the said OBLIGATION IS SUCH, Principal shall faithfully perform said Contract and shall in all respects duly and faithfully and perform all and singular the covenants observe , and agreements in and by said contract agreed and conditions covenanted by the Principal to be observed and performed, and according to the true intent- and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, 'that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities .on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the,terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to En performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 11th Y _Octc,hcr day of f 19 82 Jay-Mar Corporation Merchants Mutual Bonding Co. I ET - By By Z Title president Title t rney-in-fa t Address: P. 0. Box 307 - Addres P. o. Box 0 rr,- x 76051 Grapevine, TX 76051 The name and address of the Resident Agent of Surety is: Diversified Insurance services, Inc. P. 0. Box 40, Grapevine, TX 76051 L _.r. P B - 2 r ME101HANTS MUTfIAL BONDING COMPANY ~ 4)I-11S MOINES, IOWA r. POWER OF ATTORNEY Kno" All Men 11) Thesc Presents, that the Nil xr'Nt,s~ ' .0 rt " pps , (,atop A,,, curpoon,on duly organized under the ow, of the SI:Ite of Iowa, and haling its print rcd office in the Colt' of Dt•s Moines. Cnmaly of Palk, Stole of Iowa, hash mode. constituted and uplr,inted, and d,k•s by these presents mike, constitute and apixrinl Jahn C. Yancey and/or Donna Stevens and/or Earl Stevens of Crd pevine and Stmt of Texas its true and lawful Attorney in Fact, with full power anJ authority he:,•hy c•onfen'ed in its name, place and stead, w sign, execute, ocknosslvdge and deliver in i,s hchalras surety; Any and all bonds or undertakings, provided that no bond or undertaking executed under this authority shall exceed in amount the sum of FIVE IIUNDRED THOUSAND ($$00,000.00) DOLLARS and to hind the MI:HCIIANTS MU'T'UAL BONDING COMPANY thereby as fully and to the same extent as if such bond or underLdsing was signori by the duly authorized officers of the MERCHANTS MU'T'UAL BONDING COMPANY, and all the acts of said Anontcy, pursuant to the authority herein given, are hereby unified and confirmed. This Power-of-Atmmey is made and cicecured pursuant to and by authority of the following By-Law adopted by the Btxtrd of la'recton of the MERCHANTS MUTUAL BONDING COMPANY. ARTICLE 2, SFCTION.SA.."The Chariman of the Board or Resident or any V;ce President or Secretary shall have power and authority to appoint Attomeys•in-Fact, and Ui authorize them to execute on behalf of the Company, and alr.Ich the Seal of the Comrnng thereto, bonds and undertakings, recognimrices, contracts of indemnity and other writings ohligmory in the nature thereof." In Waucss11'hercor:%IfR(IIANTSNil ITUAI.Itl)NDINOCO\II'AN1'Milsr:ruvdtherprevvtstohsigmJbyitsVice Pivsilielas.;I,ul issoq%-f;ae Wal a, he limo,) allised, this 18th day' ❑I June A D., l)82 Attest: MFRC'IIAN'rs MUTUAL BONDING COMPANY /11 °SUAt e%I fly j: ss a; ci• 1G. r Prn,Jrnl .•r I.,r rnw~4w t) '.~lNES,:' o STATEOFIOWA '•b~ly COUNTY ss. On this 18th day„r June Iv82 W'till;unlVuner.tonxpcrw,n,dly{,rn,Wn,xMth•ingb)n►dufysq,Mtdidsayth:ntlryatcl'icrReei+k•ntsn•sr>lcrircl of he AllaH('11AN1iSIMlfIUAL BON! )1NG t'UMPA~1'1', d Ie a KltKalion dcx riMd i n t he fon•gu i rig in stn, I,0.' nI and that I he tie, I t ;d I i s eJ n l t he said i i I stn i I to nt is 11 is ('uq r.,dc Sent nl is: said Corp rxion and that the mid inctmux•nt tto signed and x:ded in hh,df or said Cogs,ruioo by ;niQn+riry or its floored of Directors. In T'cslimony Whenvf, I have hereunto set my hand and affixed by Official Std, ut the City of Des Moines, fllwa the dAy and year first aNne m ritten, . J , 10wA•,'•' • Aohu. 1'uhx, Y•:a f Dori H. l:.., • 9/30/82 , ; i • -:Ih ru,nnuuwd r. yon ' O p ; STA1 E OF IOWA f~RfAUy~•' ('OLINTYUh'IVI.K ss. 1. M J. lu,og. Vice INesi,fenlof the NWR0IAN1'S 61trrUAl. MINDING ('0161VANY, IkI here r11~~~tio I oy•i1 r1 ~~yyA g ~ •iN rind I'guing is a tole and coma r,ry of the I(1N'Lk UP AI'fORNF. 1', rsccurcd by said hIIH('lIAS111~~),[V)I\ hK (.C+ya1Y1N5'. which is still in (tree and a'cct' ~pPOq i In Wlit rvs 11 heteof, I halt I,ereunt,: set my hand and alfir%d the seal of the C'ornlony, at r' o: Z i this I 1 tlfh')'+r October 82 19 : r' d ,y ~~a/kES•:• December 31 This rxowrr ut ananley expires _ - • ~ • 1,Nd•• gY 1983 ' 4 7. PAYMENT BOND STATE OF TEXAS COUNTY OF Denton KNOW ALL MEN BY THESE PRESENTS: That ,Tay=Mar Corporation of the City of _rraflevine County of Tarrant , and the State of Texas_ as Principal, and -Merchants Mutual Bonding Company authorized under the laws of the State of Texas to act as Surety on bonds for principals, are held and firmly bound unto the City of Denton, Texas, in the penal sum of Twenty-nine thousand, eight hundred seventy-five no/100 bollars 299875.00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a :ertain written contract with the City of Denton, 'dated ' the $th of October 191 82 day to which contract is hereby referred to and made a pact hereof as fully and to the same extent as if copied at length hdrein, NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION-IS SUCH, that 'if the said Principal shall pay all claimants supplying ' labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be void otherwise to remain in full force and effect; #9047 PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extens,-;on of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or- the plans, specifications, or drawings accompanying the same,shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 11th of October 19' 82 day Jay-Mar corporation PRIN IPA Merchants Mutual ,Bonding S By c. u c ng By Title President j C. Yanc Y Title o.ne -in-fa t Address: p. O. sox 307 Address. P. 0. Box 40 Grapevine, TX 76051 Grapevine, TX 76051 The'name and address of the Resident Agent of Surety is: njversified Insurance Services, Inc, P. 0. Box 40 Grapevine, TX 76051 PB - 4 i MERCHANT! MUTUAL BONDING COMPANY DES MOINES, KriVA POWER OF ATTORNEY 11 Know All Men By Tbese Preacnrs, that the Mi RCHAL 6 NIUILI AI R( IN)ING CaNn•ANI. n eoponlion duty organi;ed under the haws of the SLte of 10% a, and haling its pnncip.d office in Iht City of Dc. Moincs, County of Balk. Stale of rowa, hash made, consW- tcd and aprvrinted, and does by these presents made, cortsliture and apfminl John C. Yancey and/or Donna Stevens and/or Earl Stevens of Grapevine and STale of Texas its true and lawful Atorncy-in Fact, with full power tan! :nuhorii) hcreb) conferred in its name, place and stead, in sign, execute, acknaH ledge and defiver in its hch:dras surety: Any and all bonds or undertakings, provided that no bond or undertaking executed under this authority shall exceed in amount the sum of FIVE HUNDRED THOUSAND ($5009000,00) DOLLARS and to hind the ML•RCHANTS MUI UAL BONDING COMPANY thereby as fully and to the same extent as if such fond or undertaking was signed by the duly auiliorired officers of the MERCHAN'CS MUTUAL BONDING COMPANY, aMr all the acts of wid AITnmey, pursuant In the authority herein given, are hereby ratified and confirmed. This !'over-of-Attorney is made and eRCCUted pursuant to and by authority of tIR L)IN%ving Hy-Lave udop'cd by the Itaxtrd of D irectomofthe NIFRC'HAN1s MU'rUAI. BONDING COMPANY. ARI ICLE 2, SFCBION SA. --The Chariman of the Board or Preddent or any Vice President or Secretary shall have power and authority to aprnini Atlorncys-in-Fact, ❑ad I(i aurhoriae them to execute on behalf of the Company, and attach the ScaT of the ComNiny thereto. Mnds and undertakings, recognizlnces, contract$ of indemnity and tither writings chrigatury in the nallme thereof." „ In11'irnc++11'I md,Stt'R('IIAN ISM11'I'UAL IIONDIN(iCI)hll'.1N1'hu+c,nixddn+eprcKUl+luksiyncdbyil,Viccl7e+icknl+,arilit+cury,x,dc x•al to K- lN•ntu arlised. this 18 th day of Jule A D., t'182 Attest: NIFRCIfANTS MUIUAL BONDING COMPANY •'J`% 1 800s• to 0 40 01 f 1'r.rl'rru Jrnl - By lJ('lV,-'[~ti ~q 'C'1. ••d's ••.'y a0•. Q~ Ile nrru,km as 4~? STATIiOFIOWA 04 A~a•. COUNIYOFPOLK } ss. Onlbis 18th day kit June t982 ,facfurcnlralyrare II'Lrogand 1< a11141rn Warwr, Itl a k p NM III) kIIUH n. w loll bt'1 ng b)' nrC drily s-A tIta d I d .ay that ahcy arc V R c Presidc nn respect i,i d)' c d If is N l l RC I A Nl S M I IT l rA L BONDING(Y).UPANY,dwcuiT xalinnJcsrilsdinlhefurgoinginstnutxvn,andlhatlheSr,ilalti(edlnrtM4lldninlmlocnli%the 'ogl,raWSH'alofdar said ColTxxu4 +n Ind Ihal the said inNina cnl was signed and scaled in h,•h,df of said C'ogax,n'am by aullIo0y of its Board of Diwvrs. In Testimony Whereof, I hive hereunto set my hand and arrixed by Officia! Seal, at The City of Des Nt•tines, Iowa the d,ly and year first atoo,c wnttcn. 1604, 1 4141, of A'nrrv tuba,, A.11 r opa,. to. ~s•IOWA, b(,ugnu„b•ry,,,n 4/30/82 bef A,RIAV so o,C'OUNIYOIF)III } ss. '6•.• " NI 1. law}, Tice 17csnlcnl of IhC Afl(R('It.ANIS NIUTUAI. Il(►NUIN(1 CYIAII'ANY, Ikl hC.e~L~~y~~i,8ilj'r•~„je ach} Gccg,nng is a Inlc and earner cs/py of the F'ON'I'.R OI' AI'fllkNliY, cscruteJ by said 6Bf:kC'lIAh15~1~),' JIY(i Y \NS', which is .Lill in 5xre and eflLsl. . ~pPOR. • in witrI IIhereor, I have hereunto set my hand and affixed the seal of the C'ongstny, ul h A~ o': • Ihia IltIII")ar October 19, 82 a 14 / 6 ~lOIINES•; Tali:psswcrof anomryexpirrs_December 31 1983 , 60 # 9v0 4 7 r MAINTENANCE BOND •Iu STATE OF TEXAS COUNTY OF Penton KNOW ALL MEN BY THESE PRESENTS: 'rNA T Jay-Mar Corporation as Principal, an merchants u ea - Vmp=ry-- a Corporation authorize to o ustness to t e tale o exas; as surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Denton, a municipal corporation of the State of Texas, its succeisors and assigns, at Denton Denton County, 'Texas, the sum of Two thousand nine hundred eighty-seven' d 50/100 dollars 21987.50 101 o t e fora amount o the contract for t e payment of which sum said principal and surety do hereby bind themselves, their successors and assigns, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said . Jay-Mar Corporation has this day entere nto a written contract w ti the sat ty of Denton to build and construct Bid #9047 Service Center Drainage Tmprovements which contract and the plans and specifications therein mentioned, adopted by the City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporated herein by reference and made a part hereof as though the same were written and set out in full herein, and WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to he done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair of any effective condition growing out of or arising from the improper construction of the improvements contemplated by said Contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it Is agreed that the City may do said work in accordance with said contract and supply such materials and charge the some against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each day's failure on the part of said Contractor to comply with the tern+a and provisions of said contract and this bond. MB - l .#.9047 NOW, rf EREFORE,, if the sa%d Contractor shal t' • agreement to maintain said construction and keep sameeIno repair for the maintenance period of one (f) year, as herein and said contract provided, then these presents shall be null and void and have no further effect; otherwise, to remain in full force and effect. It is further agreed that this obligation shall be continued one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the fulA amount of this bond shall have been exhausted, and it is further understood that the obligation to' maintain said work shall continue throughout said maintenance period, and the same shall not he changed, diminished, c- In any manner affected from any cause during said time, IN WITNESS WHEREOF the said Jay-Mar Corporation as Contractor a pr pa cause t iese presents to- a executed byy C. J. 9utc? ngsC~ l a's anu the said merchants mutual Bonding rompahy as surety, has cause t ese presents to a execute by its Attorney-in-fact John C. Yancey Attorney-in-fact has ern set is an t ~s the dlltt~e sat'd of n rnh~r , 19 82 day SURETY: PRINCIPAL: Mer is ut onding Company Jay-Mar Corporation BY: ~ Joh Yancey J. Hutchings President MS 2 MEJZCYIAN"T$ MUTUAL BONDING COMPANY r DES MOINI-S, IOWA POWER OF ATTORNEY Know All Nlcn Hy These prescnls, thal the sn amts s murLIA! a0N1 Olh6 (ONIPANY, :a Corporation July organircd under the laws of the Stine set Iowa, and having its principal office in Iheyity oI Dcs Moincs, County of Polk. State of Iowa, hash m, de, cun+tilul;d and appointed, and d(vs by these presents made, constitute and aplwint John C. Yancey and/or Donna Stevens and/or Earl Stevens of Grapevine and State of Texas its true and lawful AUomey-in Fact, with full power and awhorit) hereby conferred in its name, place and stead, to sign, execute, acknowirdge and deliver in its behalf as surety: Any and all bonds or undertakings, provided that no bond or undertaking executed under this authority shall exceed in amount the sum of FIVE HUNDRED THOUSAND ($500,000.00) DOLLARS and to hind the MERCHANTS MU1UAL BONDING COMPANY thereby as fully and to the same extent as if such bond sx undcnaking was signed by the duly authorized officers of the MERCHANTS NIU'FUAL BONDING COMPANY, and al the acts of said Atiome), punuani to the authority hcreia given, are hereby ratified and conftamrd. This power of-Att racy is made and executed puntarnt to and by authority of the following Hy-I:rw adopted by the Board of Direcoas of the MF.RC'HANiS MU'TUAI, nONDING COMPANY. ARTICLE 2, SECTION SA. -'1Te Chatiman of the Board or President or any Vice President or Secretary shall base power and ;authority to appoint Atlorricys-in-Fact, and ts) authorize Ihcrn to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognirances, contracts of indemnity and other writings obligatory in the nature thereof." I n tl'iw1 NO1 hrreol. KI I R CI I AN I S NI UTI 'AL PONDI NU C O NI PAN 1' Itus cx nwi l ilwW pw W of a r Fx sig ncJ by ih Vicc r rc+iskul+. and its k otp sate seal hr Ise linedo alli•cJ, Iles Iat h day or June A. D., 1'182 Altrd: MLRC'IIAN'I'S MUTUAL BONDING COMPANY Be so / " Val Be A a of `p: p~ Pi,r PvuMw :•sv~~ O...... aa'0 STATE OF IOWA ••.W • Is '668 COUN'IY OF POLK } ss. Be as On this 18th dayof June 1982 h'funnr:qlc:uslNlJ lunganJ William Warner, to nk pIYMM li) know n. w ho h'Hag by aw duly %%1Nat JIJ Wy t1Wt th y ate Vk'r Ihasiskm, rc prI vcly uOhe Al)'1« •I IAN1. 11 ~ I UAL BONDINGCONIPANY,dxcorp,rationok+cribcJintheforegoinginstrument,arilthartN.ticAAtistdtothesaiJinsanmxmti+thet'aapxatcSciIof ha said Corporation ctrl that the said indrunkYll %a% signed and scaled in behalf of said C'aa)s,rattoo by auiNirlty ad its Iloard 0 Uiietda+. In Testimony Whereof, I have hereunto set my hind and affixed by OlGcial Seal, at the City of I]c% Moines, law-a the Jay and Ieur Sn( abort wr{ttrn •••,•u s.••.• g • `%.1. E N fs • J C ~ 4 ,e ~ . • Rntun P. FL, Js.a 1 aunt. fe.• IOWA - sr,r„mmlu,oneyn;r. 9/30/82 • so~4j•:....•• STATE. 01` IOWA 1,91 Jti`r i' ('IIUN rY OF iULK } ss. •••••s••••••' 1,M.I.lung, Viet prrskk'utair tlwMIAC'IIANTSMUTUAL BONDING(1)MI'ANY.tsnc~rcfgrf~gyAtuB+~ay•l.,syand foregoing Is a true and o tmvt copy of the tUTATR OF ATT'ORNLY, exmuled by said MLKI IA1a1 T1T0.' i lY~~}Y 1N1', A1,061%still in fsucr and Ott", ~ DaPC ; • • In Witocss'A hereof. I have heri unlo set my hand and arftxed the seal of the Company, al _ a Cr this IIIt bE1.a)Of October 19, 82 iy %.y~fkES:•' • . b'~W fll~ • • "isporcrof Attorney cxpir,, December 31, 1983 a 0 t w y BID #9047 PROPOSAL TO THE CITY OF DENTON, TEXAS For the Construction of Service Center Drainage Improv-:ments IN DENTON, TEXAS The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm or corporation; that he has carefully examined the form of contract, Notice to Bidders, specifications and the plans therein referred to, and has carefully examined the locations, conditions, and classes of materials of the proposed work and agrees that he will provide all the necessary labor, machinery, tools, apparatus, and other items incidental to construction, and will do all the work and furnish all the materials called for in the contract and specifications in the manner prescribed therein and according to the requirements of the City as therein set forth. It is understood that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. It is agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or diminished as may be considered necessary, in th* opinion of the City, to complete the work fully as planned and contemplated, and that all quantities of work whether increased or decreased are to be performed at the unit prices set forth below except as provided for in the specifications. It is further agreed that lump sum prices may be increased to cover additional work ordered by the City, but not shown on the plans or required by the specifications, in accordance with the provisions to the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered. P - 1 It is understood and agreed that the work is to be completed in .full within fifteen (15) working days. Accompanying this proposal is a ccoctified or cashier's check or Bid Bond, payable to the Owner, in the amount of five percent of the total bid. It is understood that the bid security accompanying this proposal shall be returned to the bidder, unless in case of the acceptance of the proposal, the bidder shall fail to execute a contract and file a performance bond and a payment bond within fifteen days after its acceptance, in which case the bid security shall become the property of the owner, and shall be considered as payment for damages due to delay and other inconveniences suffered by the Owner on account of such failure of the bidder. It is understood that the Owner reserves the right to reject any and all bids. The undersigned hereby proposes and agrees to perform all work of whatever nature required, in strict accordance with the plans and specifications, for the following sum or prices, to wit: P - 2 . #9047 SERVICE CENTER DRAINAGE + BID TABULATION SHEET Extention Item Description Quantity Bid Price Total 100-400 Channel-Structural Excavation Lump Sum r/ceo.a/Lump Sum $ Ileoa•oo 421 Class A Concrete Wingwalls & Toewalls 6.0 C.Y. ,yrr.oo/C. Y. $ f/~oo•oo 432 4° ^oncrete Riprap 75 S.Y. as:oo/S.Y. $ /,,F 7_!r ao 440 Reinforcing Steel 600 lbs. ,so/Lb. $ goo-cc SP-3 8' x 4' Precast Concrete Box Culvert 105 L.F. iso.oo/L.Foo Bid Total P7~ o 0 C%O~lttvcfor 49 /fP~ Yo CcA-11tol ~z r!// WciG wart( 'hCQ days ?/'/er de/;ver/ a/ nr a ~rrl a/; P - 3. d#9047 BID SUMMARY TOTAL BID PRICE IN WORDS T~~us~r c/ In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount, of the contract, to secure proper compliance with the terms and provisions •f the contract, to insure and* guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Unit and lump-sum prices as shown for each item listed in this proposal, shall control over extensions. ' BY C N I;z ~ O. DVe?Lv Jn ~ n 5 i r e S ~ et Are ress ~i t Tr~'cy,t ZLP _-6- Ct and State Seal & Authorization (If a Corporation) Telephone 113(rne~••~ P - 4 Y ~ ~ Y I { DENTON BOYS' TACKLE FOOTBALL ASSOCIATION ' THE STATE OF TEXAS CONTRACT FOR SERVICES COUNTY OF DENTON S i This Agreement made this the :3 day of S , 1982, by and between the Denton Boys' Tackle Football Association here- inafter referred to as "Association", and the City of Denton, hereinafter referred to as "City", each acting by and through its":- 'w authorized officials, pursuant to the following terms andt conditions: i City agrees to deposit with the Association the sum of Two 3 Thousand Five Hundred and No/100 ($2,500.00) Dollars, and certain fees and charges hereinafter described, for the City's fiscal year i 1982-83. Association shall submit an annual budget to the Denton Parks and Recreation Department for approval which shall set forth on an item by item basis the fees and charges hereinafter described, and the above Two Thousand Five Hundred and No/100 ($2,500.00) Dollars, the City will make one payment to the Associ- ation on the lit day of October, 1982, in the amount projected in the annual budget. City shall make such payments solely from current revenues in the budget of the Parks and Recreation Department. Expenditures shall be authorized for a period from v October 11 1982 through November 30, 1980. II. Association agrees to provide qualified officials for all y. Boys' Youth League Football games and special games that are sponsored by the Denton Boys' Tackle Football Association III. Association agrees to the following additional terms and conditions: 1. It will establish a separate bank account for deposit of the Two Thousand Five Hundred and No/100 ($2,500.00} Dollars paid to the Association by the City and all expenditures for services provided shall be made from this account. 2. It will establish, operate, and maintain an account system • 1 ,.4 r for this program that will allow for a tracing of funds and 4a review of the financial status of the program. r 5; 7 3. It will permit authorized officials for the City of Denton to review its books at any time. 4. It will reduce to writing all of its rules, regulations, and policies, and file a copy with the Director of Parks and Recreation or his authorized representative along with any amend- 11 ments, additions, or revisions whenever adopted, 5. It will not enter into any contracts that would encumber the City funds for a period that would extend beyond the term of this Agreement. 6. It will prepare and submit a report of expenditures and revenues to the Director of Parks and Recreation or his repre- sentative by the ]st day of December, 1982. 7. It will reelmd the balance of the special account to the City of Denton on or before December 1, 1982, except for Five Dollars ($5.00) to be left in the account so the account will not have to be closed and reopened each year. 8. It will promptly pay all bills when submitted; unless there is a discrepancy in a bill which should be promptly reported to the Director of Parks and Recreation or his authorized represen- tative for further direction. 9. It will appoint a representative who will be available to meet with the Director of Parks and Recreation and other City } officials when requested. 10. It will indemnify and hold harmless the City from any and all claims and suits arising out of the activities of the Association, its employees, and/or contractors. 11. It will obtain releases from the officials which will release, indemnify and hold harmlese the City and the Asso- oiation from any claims, injuries, or damages of the officials. 12, it will retain officials as independent contractors and not as employees. Iva -The general terms and conditions are as followse DENTON BOYS' TACKLE FOOTBALL ASSOCIATION-PAGE 2 1. If any of the terms and conditions 'fare not complied with by the Association, the City is authorized to refuse to make any further payments until the condition on which the complaint is based is corrected to the satisfaction of the City. 2. This contract shall be subject to all valid rules, regu- lations, and laws applicable thereto as promulgated by the United f States of America, State of Texas, or any other governmental body or agency having lawful jurisdiction. Association is authorized and should give notices required :s r ;s ' herein to the Director of Parks and Recreation or that person's authorized representative. 4. Any contributions or gifts received by the Association are f not subject to the provisions of this contract and they should be ~ Y ' kept separate and apart from the funds, charges, and fees covered 7 Fc. by this contract, fa 5. Association shall provide its services and be paid by the City in the capacity of an independent contractor and not as an agent or department of the City. ?:t shall have complete control, supervision, and responsibility for itc activities under this contract including the hiring, supervision, and control of its employees. IN WITNESS WHEREOF, the parties hereto, acting under authority 4 of their governing body and Board of Directors, have caused this contract to be duly executed in two counterparts, each of which; will constitute an original, as of the ~"day of 1982. I HARD 0. STEWAR , MAYOR CI OFD TON, TEXAS ATTESTe 44 CHAR TTS -ALLEN -C I SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMe DENTON BOYS' TACKLE FOOTBALL C. J. TAYLOR, JR., CITY ATTORNEY ASSOCIATION CITY OF DENTON, TEXAS yam/ By l BYl ilzl FI LIB H 3PET 09C Amy= PRESIDENT DENTON BOYS' TACKLE FOOTBALL ASSOCIATION-PAGE 3 a_, y` •?V .;may ~ / ~ • R• • F • R • ~R ~.I t i . ~ ~4, tai',:`..?. ^ " ~ + t , ~ 'a M,~ , s~ ~ ~ ti Y i e~ ~ i v 1 "41 H y Rey 1 T 1 1 ~t ~ ~ ~ l~' ,yr ~ Y rJ~ ~yR r _ ~ ~ ~y~'~. p GENERAL AGREEMENT FOR ENGINEERING SERVICES THIS CONTRACT, effective the ....~t,h day of - . October... in the year Nineteen Hundred and Eighty-two, by and between the CITY OF DENTON. TEXAS, a municipal cor- poration organized and existing under the Home Ruse Amendment to the Constitution of Texas (hereinafter referred to as the Owner), and BLACK & VEATCH CONSULTING ENGI- NEERS (hereinafter referred to as the Engineer), a partnership having principals registered as professional engineers in the State of Texas, with principal business office at Kansas City, Missouri. WITNESSETH: WHEREAS, the Owner requires services of the Engineer from time to time to assist the Owner with requests and requirements of local, state, and federal regulatory agencies to obtain various licenses and permits required for the construction and operation of hydropower developments at Lewisville Lake Dam and Ray Roberts Reservoir Dam, and other services as may be required by the Owner on an as-needed-and-authorized basis, referred to hereinafter as the Services; and, WHEREAS, the Engineer is prepared to provide such Services. NOW THEREFORE, in consideration of the premises and the mutual covenants herein con- tained, the parties hereto agree as follows. ARTICLE I - SERVICES TO BE PERFORMED BY THE ENGINEER The Engineer shall perform the Services when needed, as determined required, and authorized by the Owner. ARTICLE fI - COMPENSATION The Owner shall pay to the Engineer for the performance of the Services the sum of the follow- ing amounts. (l) The amount of 2.0 times payroll costs of personnel applied to the Services. Payroll cost is defined as 1.25 times direct salary cost. (2) For all expenses incurred by the Engineer directly chargeable to the Services ren- dered pursuant to this Contract, an amount equal to the actual out-of-pocket cost or standard charges for such expenses. Such expenses shall specifically include, but are not necessarily limited to, the following: (a) Long distance telephone expenses. (b) Standard charges for operating time actually applied to the Services of the Engineer's computer center, other computer centers, and the Engineer's automated drafting systems. (c) Prints, reproductions, and printed documents at standard rates. (d) Reasonable traveling and living expenses for personnel (e) The actual cost paid by the Engineer to third parties. (f) Other direct expenses related to the Services. The Engineer's fiscal month is from the 27th day of each month through the 26th day of the succeeding month. The Engineer will submit to the Owner monthly invoices for Services per- formed. Each invoice will be submitted by about the fifteenth day of the month following the month during which such Services were performed. The Owner agrees to pay the Engineer's monthly invoice within 30 days after the invoice is received by the Owner. The Owner has the right to audit the time records and salaries of personnel and charges for direct expenses. ARTICLE III - GENERAL OBLIGATIONS OF THE ENGINEER The Engineer shall exercise tf,e care, skiil, and diligence customarily provided by a professional engineer in the performance of such Services for projects similar to the project contemplated hereunder. If any modifications or alterations are required to correct significant deviations from the quality of Services stipulated, the Engineer will, at no cost to the Owner, re-perform the necessary Services to correct such deviations. he Engineer agrees to defend and indemnify the Owner against claims, loss. or damage which are the result of any accident caused by negligence associated with Services performed by the Engineer. The Engineer's liability shall be limited to the extent of the Engineer's available insurance coverage for such negligence. The Engineer shall have no liability to the Owner for loss of use damages incurred by the Company (including but not limited to loss of profits, cost of capital, cost of replacement power or similar damages) arising out of the Services performed, or neglected to be performed, by the Engineer under this Contract. The liability of the Engineer under the provisions of this Article shall not apply more than two years after comple::on of the Services performed under this Contract. ARTICLE IV - INDEPENDENT CONTRACTOR The Engineer undertakes the performance of this Contract as an independent contractor and shall be wholly responsible for the methods followed in the performance of the Services and, although the Owner shall have no right to supervise directly the methods used in the per- formance of the Services hereunder, its representative shall have the right to inspect such Services during the performance thereof and shall approve same for the Owner. The Engineer shall work closely with the Owner in performing Services under this Contract. ARTICLE V - COMPLIANCE WITH LAWS The Engineer will, insofar as practical in the performance of Services, endeavor to comply with all applicable regulatory requirements including federal, state, and local laws, rules and regula- tions, codes, criteria, and standards. .t ARTICLE VI - QUALITY ASSURANCE The Engineer shall perform the Services in accordance with the Engineer's Quality Assurance Program, The Engineer's Quality Assurance Program shall be available for review by the Owner. ARTICLE VII - INSURANCE During the performance of the Services under this Contract, the Engineer, for the protection of the Owner, shall maintain the following insurance. (1) Comprehensive General Liability Insurance with bodily injury limits of not less than 5500,000 for each occurrence and nor less than $500,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than 5100,000 in the aggregate. (2) Automobile Liability Insurance with bodily injury limits of not less than 5500,000 for each person and not less than S500,000 for each accident, and with property damag: limits of not less than S 100,000 for each occurrence. (3) Worker's Compensation Insurance in accordance with statutory requirements and Employers' Liability Insurance with limits of not less than S100,000 for each accident. the Engineer shall furnish the Owner -ertificates of insurance of the Engineer's insurance policies covering the stated liabilities, together with the provision that the same shall not be canceled without at least ten days' written notice to the Owner. ARTICLE VIII - OWNER'S RESPONSIBILITIES The Owner shall supply to the Engineer, either directly or indirectly from others, all available information and data which is required by the Engineer. The Owner will be responsible for the following: (1) Approve all procedures established to govem the relationships among the Owner, the Engineer, and third parties. (2) Make final engineering and planning decisions utilizing information supplied by the Engineer. (3) Provide designated personnel to represent the Owner in matters involving the Engineer. ARTICLE IX - OWNERSHIP OF DOCUMENTS Reports, summaries, plans, and other documents arising out of this Contract shall be made available and supplied to the Owner for their use. Original notes, calculations and investigative information, and copies of other documents shall remain in the files of the Engineer. ARTICLE X TERMINATION OF CONTRACT The Owner shall have the right to terminate this Contract upon written notice to the Engineer, and the Engineer shall terminate performance of Services on a schedule acceptable to the Owner. In the event of termination, the Owner shall pay the Engineer for all Services per- formed. 5 ARTICLE, XI -'ASSIGNMENT This Contract shall not be assigned in whole or in part except as may be approved in writing by the Owner. IN WITNESS WHEREOF, the parties have executed this Contract by their duly authorized representatives effective the day and year first above written. ATTEST CITY OF DENTON, TEXAS ~ BY BY. Date TITLE TITLE..) AT-TEST: BLACK & VEATCH CONSULTING ENGINEERS BY . ay46&. BY. < . .fs= ...1.~~~y/. f L_ Date TITLF. TITLE ~'T!S!!a~ CA ttF-~ ~k. s d'ft [t G.ri w i 5 n#~~ iPjn w . i a { + A THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON S This Agreement, dated this the ._L__ day of~ 1982, by and betwe?n the City of Denton, Denton County, Texas, hereinafter called Lessor and Coors-Golden Distributing Company, y hereinafter refered to as Lessee, made to become effective when fully executed by both parties. in consideration of the mutual covenants contained herein, the parties agree as follows: 1. LEASED PREMISES, TERM Lessor hereby leases to Lessee, and Lessee hereby leases i from Lessor, that certain property, described as follows: ~S 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 S. C. Hiram Survey, Abstract No. 616, and also being part of a tract of land as conveyed from Charlcie H. Townson Schmitt to the City of Denton by deed dated April 2, ,r 1980 and recorded in Volume 10117, Page 339 of the Deed Records of Denton County, Texas and more particularly described as follows: BEGINNING at the southwest corner of said tract, said point lying at the intersection of the northeast right of way line of Dallas Drive with the east right of way line of Duncan Street; THENCE north 1012118" east along the west boundary line of said tract, same being the east right of way line of Duncan a Street, a distance of 107.29 feet to a point for a corner; x' THENCE south 87040147" east along the north boundary line of said tract a distance of 52.72 feet to a point for a corner; THENCE south 47021147" east a distance of 43.+5 feet to a point for a corner in the east boundary line of said tract, same being the west i.ight of way line of Willow Springs Drivel THENCE south 42038113" west along the east boundary line of said tract, same being the west right of way line of Willow Springs Drive a distance of 103.0 feet to a point for a corner, said point being the southerly southeast corner of said tract, j said point also being the intersection of the northeast right of way line of Dallas Drive with the northwest right of way line of Willow Springs; THENCE north 89025152" west along the south boundary line of said tract a distance of 17.24 feet to the place of beginning, and containing 0.1374 acres of land, more or loss; 4 to be used as an aluminum recycling center and uses normally COORS-GOLDEN DISTRIBUTING COMPANY CONTRACT-PAGE ONE < <Y {y E incident thereto and for no other purpose, for the term of six (6) years. , s ~.#7 I I . RENTAL PAYMENTS Lessee agrees to and shall pay Lessor at 215 East McKinney, `f. Denton, Texas, or such other place as Lessor shall designate in writing as rent for the demised premises as follows: Two Hundred Dollars ($200.00) per year for the first ' two (2) years of the term; Three Hundred Dollars ($300.00) per year for the third and fourth years of. the term; and Four Hundred Dollars ($400.00) per year for the fifth and sixth years of the term, said rental payments totaling Eighteen Hundred Dollars ($1,800.00) for the whole six (6. year term. Rental payments for each year of the six (6) year term are due and payable within thirty (30) davs of the beginning of each yearly term. , III. IMPROVEMENTS Lessee shall within ninety (90) days of the beginning of the lease improve the demised premises with a solid wooden fence, or shrub screening at least four (41) feet in height extending from the southern edge of the property along the eastern boundary of the eastern property line adjacent to the Dallas Drive and Willow Springs Drive right-of-way. All existing trees and shrubs shall be pruned and trimmed so as to serve as an T additional natural screen. All improvements including fences and shrubs shall be maintained in good condition and repair' throughout the term of the lease. IV. 1 TRAILERS Lessee shall not place more then two (2) collection trailers upon the leased premises at any one time during the lease term. Ve SIGNS A single detached sign properly located with a maximum size COORS-GOLDEN D*STRIBUTING COMPANY ONTR CT-PAGE TWO ,i of four foot by eight foot (41XV) shall be permitted on the property. e, VI. ACCESS Ingress and egress Lo the leased premises shall be provided by the existing curb opening along Duncan Street and no other 'r means of ingress or egress shall be made or used without the 4~ 1, ;y 4` written approval of Lessor. VII. UTILITIES Lessee shall during the term hereof pay all charges for i telephone, gas, electricity, water or sewer used in or on the leased premises and for the removal of rubbish therefrom before they shall beome delinquent and shall hold Lessor harmless from x any liability therefor. VIII. NUISANCE Lessee shall not permit the maintenance or commission of any nuisance on the leased premises or use the leased premises for any unlawful purpose. Lessee agrees to keep the leased premises free of all trash, rubbish or other debris except for those materials necessary to its recycling operation. IX. INDEMNIFICATION Lessee shall indemnify Lessor against all expenses, liabilities and claims of every kind, including reasonable attorney's fees, by or on behalf of any person or entity arising j out of either (I.) any injury or damage happening on or about the demised premises during the term of this lease] or (2) any mechanic's lien or security interest filed against the demised premises as a result of Lessees activities on the 6emised property. f COORS-GOLDEN DISTAIAUTING COMPANY CONTRACT-PAGE THRL$ i I T 0 y c X' ASSIGNMENTS ` Lessee shall not have the right to sublease the demised premises or to assign this lease without the prior written y,. consent of Lessor. c?!c Xi. TERMINATION Lessor may terminate this agreement at any time during the t. term, with or without cause, by giving Lessee written notice of such termination at least ninety (90) days prior to the termination date. XII. REMOVAL UPON TERMINATION Upon expiration or termination of this lease, Lessee shall vacate the demised premises and remove therefrom all rubbish, trash, or other debris, or equipment used for recycling including, but not limited to, collecting trailers, sorting and crushing equipment or machines. All other improvements, affixed to or installed on the property, including but not limited to, fencing, shrubbery, screens or other landscaping features shall remain on the demised premises and become the property of Lessor. EXECUTED this the day of~ 1982. CITY OF DENTON, TEXAS, COORS-GOLDEN DISTRIBUTING LESSOR COMPANY, LESSEE By t ~t BYe COORS-GOLDEN DISTRIBUTING COMPANY CONTRACT-PAGE FOUR e i 1 e F 'T^':^'t'~s~Tc^- . . •xw.-._(.TiF'fM1i.i Li xr YT'a~..i'KR^.v-T..w+s'nq:~~..~.~ep,lR'iwT,^i,~ }4r, j'L~W,♦r r„ x ~ Tx t~ ~ ~ 'L ~ S ~ p ro~r~ t~ '4} ♦ a x ~ ^ry ~1,'r r ~It i N r ,fx r ` R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. The Mayor is hereby authorized and directed to execute on behalf of the City of Denton, Texas the following real estate sales contracts: 1. Contract of Sale between the City of Denton and Earl I. Edwards and wife, Ruth Edwards for One Hundred Eighty- Seven Thousand Dollars ($187,400.00) for 116.242 acres of land; 2. Contract of Sale between the City of Denton and Earl I. Edwards and wife, Ruth Edwards for Two Hundred Twenty ` Thousand Dollars ($220,000.00) for four houses and 2.6722 acres of land; 3. Contract of Sale between the City of Denton, Texas and Robert E. Edwards and wife, Elaine Edwards for Fifty- Two Thousand Dollars ($52,000.00) for one house and 0.467 acres of land. 4. Contract of Sale between the City of Denton, Texas and ' William Warren Edwards and wife, Pamela J. Edwards for Sixty Thousand Dollars ($60,000.00) for one house and 0.501 acres of land. 5. Contract of Sale between the City of Denton, Texas and Robert E. Edwards and wife, Elaine Edwards and William Warren Edwards and wife, Pamela J. Edwards for One Hundred Forty-One Thousand Dollars ($141,000.00) for four houses and 1.926 acres c-f land. 6. Contract of Sale between Richard Clark Shelton and wife, Myrtle Elizabeth Shelton, for Forty Thousand Dollars ($40,000.00) for one house and 0.473 acres of land. A copy o~ each of said contracts being attached hereto and made a part hereof for all purposes. SECTION II. This resolution shall become effective from and after its date of passage. I PASSED ANDrAPPROVED this the day of 1982. I RD 0. STEW j, MAYOR CI OF DE TON, TEXAS ATTEST: C T ALLE , 'ITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY or DENTON, TEXAS Sys A ~•w.+~~~r -~~-.+-..rte r. _ 1 1 7 , CONTRACT OF SALE . I THE STATE OF TEXAS 4 KNOB' ALL MEN BY THESE PRESENTS that: COUNTY OF DENTON 4 EARL I. EDWARDS and wife, RUTH EDWARDS, hereinafter called "Seller", whether one or more, hereby agrees to sell and convey to CITY OF DENTON, TEXAS, a Municipal Corporation, hereinafter called "Purchaser", whether one or more, and Purchaser hereby agrees to buy and pay for the following described real property situated in Denton County, Texas, to-wit: Fully described in Exhibit A attached hereto and made a part hereof. together with all and singular the rights and appurtenances pertaining thereto, including any right, title and interest of the Seller in and to adjacent streets, alleys, or rights-of-way, such real estate, rights and appurtenances being herein referred to as the "property". This conveyance shall be subject to easements of record. 1. The total sales price is $187,000.00, payable as follo,..•s: All cash to be paid at closing. 2. Possession of the property shall be delivered by Seller to Purchaser at closing. The Closing shall take place at Denton, Texas on the 15th day of November, 1982 at the offices of USLIFE TITLE OF DENTON, 531 North Locust. 3. There is no real estate agent involved in this transaction. 4. Special Conditions: (a) Seller will furnish survey.___ CONTR+C•f OF SALE, Page One 5.• Seller agrees *to furnish to+Purchaser at Seller's expense an Owners Title Policy covering the above described real estate con- taining no exceptions o conditions other than the standard exceptions printed in the Owners Title Policy and the conditions and exceptions stated in paragraph b hereof. 6. Seller warrants and represents to Purchaser that at the time of Closing hereunder he will have and will convey to Purchaser good and marketable title to the property, free and clear of any and all encumbrances. Utility easements which do not adversely affect the a value of the property, restrictive covenants and other conditions in connection with the creations of any addition or subdivision of which the property is a part, zoning ordinances, and the lien for current taxes shall not be deemed to the title defects. 7. Purchaser hereby acknowledges that, at the time of the execu- tion of this contract, it has teen advised that the Purchaser should be furnished with or obtain a policy of title insurance. 8. Rents and ad valorem taxes fDr the then current year shall be prorated at the Closing effective as of the Closing date. 9. Purchaser acknowledges that he has inspected all buildings and improvements situated on the property and is thoroughly familiar with their condition, and Purchaser hereby accepts the property and the buildings and improvements situated thereon, in their present condition, with such changes therein as may hereafter be caused by reasonable deterioration. If the buildings and improvements situated on the property should be destroyed or damaged beyond repair by fire, windstorm, hail, explosion, or other casualty before the scheduled Closing date (as deferred by any postponement in accordance with paragraph 15), Purchaser may, at his option, terminate this contract by written notice delivered to Seller on or prior to the scheduled Closing date. If the buildings and improvements situated on the prop- erty should be damaged, but not beyond repair, by fire, windstorm. hail, explosion or other casualty before the scheduled Closing date (as, deferred by any postponement in accordance with paragraph 15), Seller. shall forthwith restore such property to subtantially its former CONTRACT OF SALE, Page Two. . er nor-Purchaser condition, at Seller's sole expense, and neither S44110' shall have the right to terminate this contract by reason of such damage. 10. In the event Cc. Seller is unable to convey title to the prop- erty in accordance with paragraph 6 of this contract, Purchaser may at his option terminate this contract by written notice delivered to Seller on or prior to the scheduled Closing date (as deferred by any postponement in accordance with paragraph 15) ; otherwise Purchaser shall be conclusively deemed to have accepted Seller's title. 11. If this contract is terminated by Purchaser pursuant to paragraph 9 or 10 hereof, all amounts theretofore paid by Purchaser on the purchase price shall be promptly refunded to Purchaser, and the parties shall have no further obligation or liabilities one to the other. 12. In the event that Seller should fail to consummate this contract for any reason, except Purchaser's default, Purchaser may enforce specific performance of this contract or may bring suit for damages against Seller. 13. In the event that Purchaser shall fail to consummate this contract for any reason, except Seller's default or the termination of thin contract pursuant to paragraph 9 or 10 hereof, Seller may bring suit for damages against Purchaser, or Seller may, at his option, enforce specific performance of this contract. 14. Seller warrants that no real estate agent is involved with transaction. 15. The Closing herein shall take place in Denton, Texas on the date stated in this contract provided that if on such date the title company has not yet approved title or if there are title objections which have not yet been cured, the Closing date shall be postponed not less than 5 nor more than 30 days to such date as shall be designated by the Seller by written notice to Purchaser. At the Closing, Purchaser shall pay to the Seller the unpaid balance of the purchase price of the property as provided in paragraph 1, and Seller shall deliver to Purchaser an Owne:s Title Policy as specified in paragraph CONTRACT OF SALE, Page Three '5 anv+ a Gegeral Warranty Deed in appropriate, form to convey the pro- perty to Purchaser, free and clear of an liens or encumbrances except those expressly permitted hereby. • 16. This contract embodies the complete agreement between the par- ties hereto and cannot be varied or terminated except by the written agreement of the parties. 17. The attorney for Seller is WILLIAM P. PHILIPS, JR., 101 North Elm, Denton, Texas 76201. The attorney for Purchaser is C. J. TAYLOR, City Attorney, Municipal Building, Denton, Texas. 18. Any notice required or permitted to be delivered hereunder shall be deemed to be delivered, whether actually received or not, when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, and as shown in the space marked address on this contract. SIGNED in duplicate this _ day of , 1982, by Seller. SIGNED in duplicate this day cf , 19828 by Purchaser. EARL i. EDWARDS Seller RUTH EDWA DS Seller Route 7, Box 64, Denton, TX 76201 Address o Se er . 382-8183 Telephone Number o Se .ler CITY OF DENTON, TEXAS I ATTEST: $y; RICHARD 0. STEWART, Its Mayo r ti City Secretary 215 E. McKinney, Denton Texas 76201 A resa of Purchaser i City Manager 566-8307 City Attorney 566-8333 Telephone Number of Purchaser 1 } CO..'fI ACT OF SALf., Wage Four FIN, s I° EXHIBIT A - - ALL THAT CERTAIN tract or parcel of land situated in the Gideon Walker Survey, Abstract No. 1330, Denton County, Texas, being part of that certain 82.62 acre FIRST TRACT and part of that certain 42.5 acre SECOND TRACT in a deed from Ira E. Edwards et ux to Earl I. Edwards on July 25, 1945, recorded in Volume 316, Page 368, plus part of a 15 acre tract deeded by A. R. u Durham et ux to W. A. Edwards on April 11, 1890, recorded in Volume 45, Page 38, Deed Records of said County, and being more particularly described in a single tract as follows: - 'i ' BEGINNING at a fence corner at the Southeast corner of said . 82.62 acre tract on the East line of the 219 acre Lot 6 of John R. Henry Subdivision of said Gideon Walker Survey at a point 1594.4 feet North of the Southeast corner of said tot 6; `p THENCE North 87 degrees- 02 minutes 50 seconds West with a• fence 2406.03 feet to a fence corner; THENCE North 1 degree 45 minutes East with a fence 542.0 feet to a fence corner; THENCE North 87 degrees 22 minutes 10 seconds West with a fence and crossing the West line of said 219 acre tract at the Southeast corner of said 15 acre tract 831.02 feet to the Southwest corner of said 15 acres and the Southeast corner of said 42.5 acre tract; -THENCE North 88 degrees 19 minutes 20 seconds West with a fence 790.6 feet to a fence corner at the Southeast corner of a 4.001-acre tract; t THENCE North i degree 09 minutes 20 seconds East with a fence 1056.1 feet to a steel pin; THENCE South 88 degrees 00 minutes 30 seconds East 110.0 feet to a steel pin; THENCE North 1_ degree 09 minutes 20 seconds Eait 250.0 feet to a corner in the middle of a public road; THENCE South 88 degrees 00 minutes 30 seconds East with the middle of said road 63.0 feet to a corner; THENCE South 1 degree 09 minutes 20 seconds West 250.0 feet to a steel pin; THENCE South 88 degrees 00 minutes 30 seconds East with a fence part of the way 973.65 feet to a fence corner; THENCE North 0 degrees 56 minutes East with a fe.,ce 181.0 feet to a fence corner; THENCE South 72 degrees 44 minutes East with a fence and crossing the East line of said 15 acre tract, which is the West line of a 219 acre tract. 2474.2 feet to a corner in Pecan Creek; THENCE down the middle of Pecan Creek with its meanders Lhe following 3 courses and distances: (1) South 87 degrees ;J7 min- utes East 519.0 feet, (2) South 4 degrees 08 minutes West 317.8 feet and (3) South 18 degrees 10 minutes 20 seconds East 109.92 feet to a corner on the East line of said 219 acres; THENCE South 4 degrees 18 minutes 30 seconds West wit), a fence on said line 744.55 feet to the place of beginning, con- taining in all 116.242 acres of land. • r CONTRACT OF SALE THE STATE OF TEXAS 5 5 KNOW ALL MEN BY THESE PRESENTS that: COUPTY OF DENTON 5 EARL i. ED;dARDS and wife, RUTH EDWARDS, hereinafter called F "Seller", whether one or more, hereby agrees to sell and convey to f,. CITY OF DENTON, TEXAS, a Municipal Corporation, hereinafter called 6 "Purchaser", whether one or more, and Purchaser hereby agrees to buy and pay for the following described real property situated in Denton County, Texas, to-wit: Fully described in Exhibit A attached hereto and made a part 5 hereof. together with all and singular the rights and appurtenances pertaining thereto,d including any right, title and interest of the Seller in and a., to adjacent streets, alleys, or rights-of-way, such real estate, rights and appurtenances being herein referred to a: the "property". This conveyance shall bF subject to easements of record, 1. The total sales price is $220,000.00, payable as follows: All cash to be paid at closing. 2. Possession of the property shall be delivered by Seller to Purchaser as follows: There _are four (4) houses situated on the Prooerty Three (3) of the houses are rent houses and the remaining house is the house where Sellers reside. At closing, 'Purchaser will become the landlord of the tenants living in the rent houses. Seller will have the right to remain in the home where they presently reside for a period of four (4) months from date of closing, rent-free. The Closing shall take place at Denton, Texas on the 15th day of November, 19$2 at the offices of USLIFE TITLE OF DENTON, 531 North Locust. 3. There is no real estate agent involved in this transaction. 4. Special Conditions: (a) Seller will furnish survey. A CONTRACT OF SALE, Page One A goo } S. Seller agrees to furnish to Purchaser at Seller's expense an Owners Title Policy covering the above described real 'estate con- taining no exceptions or conditions other than the standard exceptions printed in the Owners Title Policy and the conditions and exceptions stated in paragraph 6 hereof. 6. Seller warrants and represents to Purchaser that at the time of Closing hereunder he will have and will convey to Purchaser good and marketable title to the property, free and clear of any and all encumbrances. Utility easements which do not adversely affect the value of the property, restrictive covenants and other conditions in connection with the creations of any addition or subdivision of which the property is a part, zoning ordinances, and the lien for current taxes shall not be deemed to the title defects. 7. Purchaser hereby acknowledges that, at the time of the execu- tion of this contract, it has been advised that the Purchaser should be furnished with or obtain a policy of title insurance. 8. Rents and ad valorem taxes for the then current year shall be prorated at the Closing,effective as of the Closing date. 9. Purchaser acknowledges that he has inspected all buildings and improvements situated on the property and is thoroughly familiar with their condition, and Purchaser hereby accepts the property and the buildings and improvements situated thereon, in their present condition, _ with such changes therein as may hereafter be caused by reasonable deterioration. If the buildings and improvements situated on the property should be destroyed or damaged beyond repair by fire, windstorm, hail, explosion, or other casualty before the scheduled Closing date (as deferred by any - postponement in accordance with paragraph 15), Purchaser may, at his option, terminate this contract by written nott-e delivered to Seller on or prior to the scheduled Closing date. If the buildings and improvements situated on the prop- erty should be damaged, but not beyond repair, by fire, windstorm, hail, explosion or other casualty before the scheduled Closing date (as deferred by any postponement in accordance with paragraph 15), ' Seller shall forthwith restore such property to subtantially its former CONTRACT Or SALE, Page Two condition, at Seller's sole expense, and neither Seller nor Purchase r shall have the right to terminate this contract by reason of such damage. 10. In the event the Seller is unable to convey title to the prop- erty in accordance with paragraph 6 of this contract, Purchaser may at his option terminate this contract by written notice delivered to Seller on or prior to the scheduled Closing date (as deferred by any postponement in accordance with paragraph 15); otherwise Purchaser shall be conclusively deemed to have accepted Seller's 'title. 11. If this contract is terminated by Purchaser pursuant to paragraph 9 or 10 hereof, all amounts theretofore paid by Purchaser on the purchase price shall be promptly refunded to Purchaser, and the paities shall have no further obligation or liabilities one to the other. 120 ,In the event that Seller should fail to consummate -this contract for any reason, except Purchaser's default, Purchaser may enforce specific performance of this contract or may bring suit for damages against Seller, 13. In the event that Purchaser shall fail to consummate this contract for any reason, except Seller's default or the termination of this contract pursuant to paragraph 9 or 10 hereof, 'Seller may bring suit for damages against Purchaser, or Seller may, at hi,? option, enforce specific performance of this contract. 14. Seller warrants that no real estate agent is involved with transaction. 15. The Closirg herein shall take place in Denton, Texas on the date stated in this contract provided that if on such date the title company has not yet approved title or if there are title objections , which have not yet been cured, the Closing date shall be postponed not . less than, 5 nor more than 30 days to such elate as shall be designated by the Seller by written notice to Purchaser. At the Closing, Purchaser shall pay to the Seller the unpaid balance of the purchase price of the property as provided in paragraph V. and Seller shall deliver to Purchaser an Owners Title Policy as specified in paragraph CONTRACT OF SALE, Page Three 5 and a Genera warranty Deed in appropriate form to convey the pro- perty to Purchaser, free and clear of an liens or encumbrances except those expressly permitted hereby. 16. This contract embodies the.complete agreement -•etween the par- ties hereto and cannot be varied or terminated except by the written agreement of the parties. 17. The attorney for Seller is WILLIAM P. PHILIPS, JR., 1-01 North Elm, Denton, Texas 76201. The attorney for Purchaser is C. J. TAYLOR, City Attorney, f Municipal Building, Denton, Texas. 18. Any notice required or permitted to be delivered hereunder shall be deemed to be delivered, whether actually received or not, when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, and as shown in the space marked address on this contract. SIGNED in duplicate this day of 1982, by Seller. SIGNED in duplicate this day of 1982, by Purchaser. , EARL 1. EDWARDS Seller RUTH EDWARDS Seller Route 7, Box 64, Denton TX 76201 Address of Seller 382-8183 Te ep one Number o Seller CITY Or DENTON, TEXAS ATTEST: By: STEWARIff to ay ~r City Secretary 215 E. McXinne Denton Texas 76201 A ress o Purchaser City Manager 566-8307 C_ ity Attorney 5~6-8333 I`e ep one um er o Purchaser CONTRACT OF SALE, Page Pour .s.a w~ . . f 1R-d Exhibit A Tract One - - All that certain tract or parcel of land lying and being situ-itcd in the Gideon Wlaker Survey, Abstract 1330, Denton County, Texas and veiny pact of a (called) 42.5 acre Second Tract as described in a deed from Ira E. Edwards to Earl I. Edwards on July 25, 194 , recorded in Volume 316, Page 363, Deed Records of Denton County, and being more fully described as follows: COMML NCING at a steel pin in the middle of an East-West road at the Northeast cor- ner of said 42.5 acre tract which is the Northwest corner of a 1.196 acre tract described in a dead from Earl I. Edwards to Robert E. Edwards on July 7,_ 19720 recorded in Volume 650, Page 44, Deed Records of Denton County; THENCE N, 88° 00' 30" W. with the North boundary line of said 42.5 acre tract in the middle of said road a distance of 110.0 feet to a steel Din at the.-Northwest torner'of a tract to Robert E. Edwards recorded in Volume 719{ Page 268, Deed Re- cords of Denton County and being the point of beginning; THENCE S. 10 09' 20" W. a distance of 206.0 feet to a steel pin at thp. Southwost corner of said Robert Edwards tract; THENCE S. 88° 00' 30" E. with the South boundary line of said tract a distance of 110.0 feet to a steel pin; THENCE S. 10 09' 20" W. a distance of 4400feet to a steel pin at the Southwest corner of said 1.190' acre tract; THENCE N. 88° 00' 30" W. a distance of 638.70 feet to a steel pin; THENCE N. 10 09' 20" E. a distance of 250.0 feet to a steel pin in'.the middle of an East-West _road.on the North boundary line of said 42.5 acre tract; THENCE S. 88° 00' 30" E. with the North boL,ndary line of said 42.5 acre tract in -said read a distance of 314.2 feet t.. steel pin at the Northwest corner of a tract described in a deed to Gray W. Shelton and recorded in Volume 799, Page 358, D eed Orrr orris of Denton County; THENCE S:'-1°•09'-20" W. - w.th the West boundary lire of said Shelton tract a dis- tance of 206.0 feet to a steel pin; THENCE S. 88° 00' 30" E. with the South boundary line of said Shelton tract a dis- tan_e of 100.0 feet to a steel pin; THENCE N. 10 09' 20" E. with the cast. boundary line of said Shelton tract a distance of 206.0 feet to a steel pin.in the middle of an East-West road; THENCE S. uc 00' 30" E. with the North boundary line of said 42.5 acre tract in said road a distance of 114.5 feet to the point of beginning and containing in all 2.6722 acres of land, Exhibit A - page one r'-- y. , AIM I one",, 1001 loll Tract two ' All that certain tract or parcel of land situated in the' Gid~on !da1ker Survey, A bstract 1330, Denton County, Texas, being a part •of a certain (called) 42.5 acre Second tracti.described in a deed from Ira E. Edwards to Earl 1. Edwardson July 25, 1945, recorded in Volume 316, Page 368, Deed Records of said County and being wore fully describdd as follows: BEGINNING at the Southeast corner of a (called) 0.501 acre tract described in a deed from Earl I. Edwards, et ux, to William Warren Edwards, ei ux on November 24, 1971, recorded in Volume 634, Page 169, Deed Records of Denton County; THENCE S. 1° 09' 20" W. a distance of 50.0 feet to a steel pin; _ THENCE N. 880 00' 30" W. a disatne of 110.0 feet to a steel pin; THENCE N. 10 09' 20" E. a distance of 50.0 feet to the Southwest corner. of said 0.501 acre tract; THENCE S. 88° 00' 50" E. with the South boudnary'iine of said 0.501 acre tract a distance of 110.0 feet to the plane of beiginning and containing in all 0.126 .acre of land. Exhibit A - page two • 1 ~ 1 YI CONTRACT OF SALE - { f, THE STATE OF TEXAS S 4 KNOW ALL MEN BY THESE PRESENTS that: COUNTY OF DENTON S ROBERT E. EDWARDS and wife, ELAINE EDWARDS, hereinafter called "Seller", whether one or more, hereby agrees to sell and convey to Y CITY OF LENTON, TEXAS, a Municipal Corporation, hereinafter called "Purchaser", whether one or more, and purchaser hereby agrees to buy and pay for the following described real property situated in Denton County, Texas, to-wit: Frilly described in Exhibit A attached hereto and made a part hereof. together with all and singular the rights and appurtenances pertaining thereto, including any right, title and interest of the Seller in and to adjacent-.streets, alleys,. or rights-of-way, such real estate, rights--and--appurtenances - being-herein referred to as the "property". - This conveyance shall be subject to easements of record. 1. The total sales price is $52,000.00, payable as follows: A11 cash to be paid at closing. 2. Possession of the property shall be delivered by Seller to Purchaser at closing, with Purchaser becomirtig the landlord nf_the tenant who resides upon the-property. The Closing shall take place at Denton, Texas on the 15th day of November, 1982 at the offices of USLIFE TITLE'OF DENTON, 531 North Locust. 3. There is no real estate agent involved in this transaction. 40 Special Conditions: (a)' Seller will furnish survey. CONTRACT OF SALE, Page One Owners Title Policy covering the above described' real estate con- taining no exceptions or conditions other than the standard exceptions i printed in the Owners Title Policy and the conditions and exceptions stated in paragraph 6 hereof. 6. Seller warrants and represents to Purchaser that at the time of Closing hereunder he will have and will convey to Purchaser good and marketable title to the property, free and clear of any and all encumbrances. Utility easements which do not adversely affect the value of the property, restrictive covenants and other conditions in connection with the creations of any addition or subdivision of which the property is a part, zoning ordinances, and the lien for current taxes shall not be deemed to the title defects. 7. Purchaser hereby acknowledges that, at the time of the execu- tion of this contract, it has been advised that the Purchaser should be furnished with or obtain a policy of title insurance. 8. Rents and ad valorem taxes for the then current year shall be prorated at the Closing effective as of the Closing date. 9. Purchaser acknowledges that he has inspected all buildings and improvements situated on the property and is thoroughly familiar with their condition, and Purchaser hereby accepts the property and the buildings and improvements situated thereon, in their present condition, with such changes I therein as may here-2 rer be caused by reasonable deterioration. If the buildings and improvements situated on the property should be destroyed or damaged beyond repair by fire, windstorm, hail, explosion, or other casualty before the scheduled I Closing date (as deferred by any postponement in accordance with paragraph 15), Purchaser may, at his option, terminate this contract by written notice delivered to Seller on or prior to the scheduled . Closing date." If the buildings and improvements situated on the prop- erty should be damaged, but not beyond repair, by fire, windstorm, hailo explosion or other casualty before the scheduled Closing date (as deferred by any postponement in accordance with paragraph 15), Seller shall forthoith restore such property to subtsntially its former CONTRACT OF SALE, Page Two NIP shall have the right to terminate this contract by~ reason of such damage, t 10. In the event the Seller is unable to convey title to the prop- erty in accordance with paragraph 6 of this contract, Purchaser may at 8 his option terminate this contract by written notice delivered to Seller on or prior to the scheduled Closing date (as deferred by any postponement in accordance with paragraph 15); otherwise Purchaser shall be conclusively deemed to have accepted Seller's title. J 11. If this contract is terminated by Purchaser pursuant to " paragraph 9 or 10 hereof, all amounts theretofore paid by Purchaser on the purchase price shall be promptly refunded to Purchaser, and the " parties shall have no further obligation or liabilities one to the other. 12. In the event that Seller should fail to consummate this contract for any reason, except Purchaser's default, Purchaser may enforce specific- performance -of this contract or may bring suit for damages against Seller., 13, In the event that Purchaser shall fail to consummate this contract for any reason, except Seller's default or the termination of this contract pursuant to paragraph 9 or 10 hereof, Seller may bring suit f"or damages against Purchaser, or Seller may, at his option, enforce specific performance of this contract. 14. Seller warrants that no real estate agent is involved with transaction. 15. The Closing herein shall take place in Denton, Texas on the date stated in this contract provided that if on such date the title company has not yet approved title or if there are title objections which have not yet been cured, the Closing date shall be postponed not less than 5 nor more than 30 days to such date as shall be designated by the Seller by written notice to Purchaser. At the Closing, Purchaser shall pay to the Seller the unpaid balance of the purchase price of the property as provided in paragraph' 1, and Seller shall deliver to Purchaser an Owners Title Policy as specified in paragraph CONTRACT OF SALE, Page Three r M' now perty to Purchaser, free and clear o an ens 'or u those expressly permitted hereby. 16. This contract embodies the complete agreement between the par- ties hereto and cannot be varied or terminated except by the written agreement of the parties. 17. The attorney for Seller is WILLIAM P. PHILIPS, JR., 101 North Elm, Denton, Texas 76201. The attorney for Purchaser is C. J. TAYLOR, City Attorney, J Municipal Building, Denton, Texas. 18. Any notice required or permitted to be delivered hereunder shall be deemed. to be delivered, whether actually received or not, when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, and as shown in the space marked address on this contract. SIGNED in duplicate this day of , 1982, by Seller. SIGNED in duplicate this day of 1982, by Purchaser. ROBERT E. D ARD Se er ELAINE EDWARDS - e er 31 Cole Circle, Krum, Texas 76249 Address of Se ler 482-6212 Telephone Number o SeT1Pr CITY OF DENTON, TEXAS ATTEST- By: RIMM 00 AR ,Its Mayor My ecretary. 215 E. McKinney, Denton Texas 76201 Address of Furchave7F City Manager 566-8307 City Attorney 566-8333 `-Telep one , um er o urcTa`a'e`r CONTRACT OF SALE O Page Four w I go loom -.w All that certain tract or parcel of land situated in ti the Gideon Walker Survey, Abstract 1330, Denton County, Texas, being part of a 42.5 acre tract conveyed by I. E. Edwards et al, to E. Edwards on July 25, 1945, recorded in Volume 316, Page 368, Deed Records of said County, a tract being more particularly described as follows: BEGINNING at a corner in the twiddle of a public road on the N the orth line of said 42.5 acre tract at a point 700 feet --East of hea Edwa ds ton Junec 27i,e 1 559, recorded acre Volume tract 447 ,~vPage .685 Deed Records of said County; THENCE East with the North line -of said 42.5 acre tract in said road 110.0 feet to a corner; THENCE South, 206.0 feet to a steel pin; THENCE West, 110.0 feet to a steel pin; THENCE North, 206.0 feet to the Place of Beginning, and con- taining in all 0.467 acres of land. ' ' .r•.... r, ~.w~ ter... +........a..r . ..........r. r~....rrr.. , r.. 1' I CONTRACT OF SALE THE STATE OF TEXAS 5 5 KNOW ALL MEN BY THESE PRESENTS that: COUNTY OF DENTON 5 WILLIAM WARREN EDWARDS and wife, PAMELA J. EDWARDS, hereinafter called "Seller", whether one or more, hereby agrees to sell ana convey ~ to CITY OF DENTON, TEXAS, a Municipal Corporation, hereinafter called "Purchaser", whether one or more, and Purchaser hereby agrees to buy and pay for the following described real property situated in Denton County, Texas, to-wit: Fully described in Exhibit A attached hereto and made a part hereof. together with all and singular the rights and appurtenances pertaining thereto, Including any right, title and interest of the Seller in and to' adjacent streets, alley's, or rights-of-way, such real estate, rights-and. appurtenances being herein referred to as the "property". This conveyance shall b;,e subject to easements of record. 1. The total sales price is $60,000.00, payable as follows: All cash to be paid at closing. 2. Possession of the property shall be delivered by Seller to Purchaser four (4) months from date of closine and it is specifically agreed that Seller shall have the right to remain in the home and upon the property rent-free for a period of four ('4) months from date of closing. The Closirg shall take place at Denton, Texas on the 15th day of November, 1982 at the offices of USLIFE TITLE OF DENTON, 531 North Locust. 30 There is no real estate agent involved in this transaction. 4. Special Conditions: (a) Seller will furnish survey. b The _swimming pool situated upon the property described in Exhibit "'A" shall remain the properp of Seller. --Seller shall have the r1 ht to re- ti:Cye said swimming pool and such Pool shall be removed within four (4) montha from date of cloain¢.' . CONTRACT OF SALE, Page One ti W e r s e O C e n a e' E - - ? taining no exceptions or conditions other than the itandard exceptions i printed in the owners Title Policy and the conditions and exceptions 7 stated in paragraph 6 hereof. 6. Seller warrants and represents to Purchaser that at the time of Closing hereunder he will have and will convey to Purchaser good and marketable title to the property, free and clear of any and all encumbrances. Utility easements which do not adversely affect the value of the property, restrictive covenants and other conditions in connection with the creations of any addition or subdivision of which the property is a part, zoning ordinances, and the lien for current taxes shall not be deemed to the title defects. 7. Purchaser Ilereby acknowledges that, at the time of the execu- tion of this contract, it has been advised that the Purchaser should be furnished with or obtain'a policy of title insurance. 8. Rents and ad valorem taxes for the then current year shall be prorated at the Closing effective as of the Closing date. 9. Purchaser acknowledges that he has inspected all buildings and improvements situated on the property and is thoroughly familiar with their condition, and Purchaser hereby accepts the property and the buildings and improvements situated thereon, in their present condition, with such changes therein as' may hereafter be caused by reasonable deterioration. If the buildings and imp.-ovem -its situated on the property should be destroyed or damaged beyond repair by fire, windstorm, hail, explosion, or other casualty before the scheduled Closing date (as deferred by a-y postponement in accordance with paragraph 15), Purchaser may, at his option, terminate this contract by written notice delivered to Seller on or prior to the scheduled Closing-dates if the buildings and improvements situated on the prop- erty should be damaged, but not beyond repair, uy fire, windstorm, hail, explosion or other casualty before the scheduled Closing date , (as deferred by any postponement in accordance with paragraph 151, Seller shall forthwith restore such property to subtantially its former CONTRACT OF SALE, Page Two damage. 10. In the event the Seller is unable to convey title to the prop- erty in accordance with paragraph G of this contract, Purchaser may at his option terminate this contract by written notice delivered to Seller, on or prior to the scheduled Closing date (as deferred by any postponement in accordance with paragraph 15); otherwise Purchaser shall be conclusively deemed to have accepted Seller's title. 11. If this contract is terminated by Purchaser pursuant to paragraph 9 or 10 hereof, all amounts theretofore paid by Purchaser on the purchase price shall be promptly refunded to Purchaser, and the parties shall have no further obligation or liabilities one to the other. 12. In the event that Seller should fail to consummate this contract for any reason, except Purchaser's default, Purchaser may enforce specific performance of this contract or may bring suit for damages against Seller. 13. In the event that Purchaser shall fail to consummate this contract for any reason, except Seller's default or the termination of this contract pursuant to paragraph 9 or 10 hereof, Seller may bring suit for damages against Purchaser, or Seller may, at his option, enforce specific performance of this contract. 14. Seller warrants that no real estate agent is involved with transaction. 15. The Closing herein shall take place in Denton, Texas on the date stated in this contract provided that if on such date the title company has not yet approved title or if there are title objections which have not yet been cured, the Closing date shall be postponed not leas than 5 nor more than 30 days to such date as shall he eesitnated by the Seller by written notice to Purchaser. At the Closing, Purchaser shall pay to the Seller the unpaid balance of the purchase price of the property as ' provided in paragraph _1, and Seller shall doiiver to Purchaser an Own irs Title Policy' as tpecifled in, paragraph CONTRACT OF SALE, Page Three S4' those expressly permitted hereby. 16. This contract embodies the complete agreement between the par- ties hereto and cannot be varied or terminated except by the written agreement of the parties. 17. The attorney for Seller is WILLIAM P. PHILIPS, JP.., 101 Nc;rth Elm, Denton, Texas 76201. W The attorney for Purchaser is C. J. TAYLOR, City Attorney, Municipal Building, Denton, Texas 18. Any notice required or permitted to be delivered hereunder shall be deemed to be delivered, whether actually received or not, when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, and as shown in the space marked address on this contract. - SIGNED in duplicate this r day of 1982, by Seller. SIGNED in duplicate this day of 1982, by Purchaser. WIDLIAM WARREN -EDWARD Seller $.AMELA J. 'EDW9-R-DS Seller Route 7 Box 65, Denton TX 76201 Address o Se er 382-8085 Te ep obe Nuro er o Se er CITY OF DENfON, TEXAS ATTEST; By: R' HARD A T, Its ayor 'p'ity ecretary 215 E. McKinney, Denton Texas 76201 A rasa o urc aser City Manager 566.8307 C_ iw Atto_ rney_ 566-0333 ~e tip one Number o urc aae CONTRACT OF SALE, Page Four r All that certain tract or parcel of land situated in the Gideon Walker Survey, Abst. No. 1330, Denton County, Texas, and being part of a certain 4.00 acre tract conveyed by E. I. Edwards and wife to W. C. Sparkman by Mechanic's Lien recorded in Volume 37, Page 580, Mechanic's Lien Records of said County, on February 6, 1964, and being further described as follows: BEGINNING at the northwest corner of said 4.00 acre tract in the middle of a public road; THENCE South 89 deg. 00' eist with said road 110.0 feet to a point in the middle of said road; THENCE South 0 deg, 27' west with a concrete cu-'b part of the way 199..9 feet to a steel pin for a corner; (HENCE North 88 deg. 33' west 108.4 feet to a steel pin in a fence; "THENCE North 200 feet with a fence most of the way to the place of beginning, containing in all 0.501 of an acre of land. PORI THE STATE OF TEXAS § S KNOW ALL MEN BY THESE PRESENTS that: COUNTY OF DE14TON § ROBERT E. EDw'ARDS and wife, ELAINE EDWARDS, and WILLIAM WARREN EDWARDS and wife, PAMELA J. EDWARDS, hereinafter called "Seller". whether one or more, hereby agrees to sell and convey to CITY OF DENTON, TEXAS, a Municipal Corporation, hereinafter called "Purchaser", whether one or more, and Purchaser hereby agreeg to buy iry • f a:id pay for the following described real property situated in Denton County, Texas, to-wit: Fully described in Exhibit A attached hereto and made a part hereof. together with all and singular the rights and appurtenances pertaining thereto, including any right, title and interest of the Seller in and to adjacent streets, alleys, or rights-of-way, such real estate, rights and appurtenances being .herein .referred to as the "property". c.;nveyance shall be subject to easements of record. 1. The tu*.al sales price is $141,000.00, payable as follows: All cash to be paid at closing. .2. -Possession of the properly shall be delivered by Seller to Purchaser at closing. with Purchaser becoming the landbord of the four 4 tenants who reside in the four (4) rent houses upon the ro erty. The Closing shall take place at Denton, Texas on the 15th day of November, 1982 at the offices of USLIFE TITLE OF DENTON, 531 North T.7cust. 3. There is no real estate agent involved in this transaction. I 4. Special Conditions: (a) Seller will furnish survey. CONTRACT OF SALE, Page One l 3e~' taining no exceptions or conditions other than the standard exceptions printed in the Owners Title Policy and the conditions and exceptions stated in paragraph 6 hereof. 6. Seller warrants and represents to Purchaser that at the time g of Closing hereunder he will have and will convey to Purchaser good and marketable title to the property, free and clear of any*-and all encumbrances. Utility easements which do not adversely affect the dr value of the property, restrictive covenants and other conditions in connection with the creations of any addition or subdivision of which the property is a part, zoning ordinances, and the lien for current r taxes shall not be deemed to the title.defects. 7. Purchaser hereby acknowledges that, at the time of the execu- tion of this contract, it has been advised that the Purchaser should be furnished with or obtain a policy of title insurance. 8. Rents and ad valorem taxes for the then current year shall be prorated at_ the Closing effective as of the Closing date. 4. Purchaser acknowledges that he has inspected all buildings and improvements situated on the property and is thoroughly familiar with their condition, and Purchaser hereby accepts the property and the buildings and improvements situated thereon, in their present condition, with such changes therein as may hereafter be caused by reasonable deterioration. If the buildings and improvements situated on the property should be destroyed or damaged beyond repair by fire, windstorm, hail, explosion, or other casualty before the scheduled Closing date (as deferred by any postponement in accordance with paragraph 15), Purchaser may, at his option, terminate this contract by written notice delivered to Seller on or prior to the scheduled Closing date. If the buildings and improvements situated on the prop- erty should be damaged, but not beyond repair, by fire, windstorm, hail, explosion or other casualty before the scheduled Closing date (as deferred by any postponement in accordance with paragraph 15), , Seller shall forthwith restore such property to subtantially its former CONTRACT OF SALE, Page Two s 1 shall have the right to terminate t3~is contrac b a o damage. 10. In the event the Seller is unable to convey title to the prop- erty in accordance with paragraph 6 of this contract, Purchaser may at his option terminate this contract by written notice delivered to t Seller on or prior to the scheduled Closing date (as deferred by any postponement in accordance with paragraph 15); otherwise Purchaser shall be conclusively deemed to have accepted Seller's title. 11. If this contract is terminated by Purchaser pursuant to paragraph 9 or 10 hereof, all amounts theretofore paid by Purchaser on the purchase price shall be promptly refunded to Purchaser, an.d the parties shall have no further obligation or liabilities one to the other. 12. In the event. that Seller should fail to consummate this contract for any reason, except Purchaser's default, Purchaser may enforce specific .performance-of _ this contract or may bring suit for- damages against Seller.. 13. In the event that Purchaser shall fail to consummate this contract for any reason, except Seller's default or the teriuination of this contract pursuant to paragraph 9 or 10 hereof, Seller may bring suit for damages against Purchaser, or Seller may, at his option, enforce specific performance of this contract. 14. Seller warrants that no real estate agent is involved with transaction. 15. The Closing herein shall take place in Denton, Texas on the date stated in this contract provided that if on such date the title companJ has not yet approved title or if there are title objections which have not yet been cured, the Closing date shall be postponed not less than 5 nor more than 30 days to such date as shall be designated by the Seller by written notice to Purchaser. At the Closing, Purchaser shall pay to the Seller the unpaid balance of the purchase price of the property as provided in paragraph 1, .nd Seller shall deliver to Purchaser an Owners Title Policy gs specified in paragraph CONTRACT OF SALE, Page Three N • r Y • r perty to Purchasers free and clear`of ac ien nor encum ran es "except those expressly permitted hereby. 16. This contract embodies the complete agreement between the par- ties hereto and cannot be varied or terminated except by the written agreement of the parties. 17. The attorney for Seller is WILLIAM P. PHILIPS, JR., 101 North Elm, Denton, Texas 76201. The attorney for Purchaser is C. J. TAYLOR, City Attorney, I Municipal Building, Denton, Texas. J 18. Any notice required or permitted to be delivered hereunder shall be deemej to be delivered, whether actually received or not, when deposited in the United States mail, postage prepaid, certified nail, return receipt requested, addressed to Seller or Purchaser, as the case may be, and as shown in the space marked address on this contract. SIGHED in duplicate this day of 1982,-by Seller. .SIGNED in duplicate this day of 1982, by Purchaser. ROBERT E. EDWARDS. Se er ELAINE EDWARDS Sel er WILLIAM WARREN EDWARDS Seder PAMELA .T. EDWARDS Seller CITY OF DENTON, TEXAS ATTES': By: R G RD 0. STEWAR , Its Mayor ty ecretary n 215 E. McKine Denton Texas 76201 A ress o Purc seer City Manager 566-8307 City Attornev 566-8333 eF-ephorie um er o urr aser CONTRACT OF SALE, Page Four • i 1 , •1 e ' t All that certain tract or parcel of land situated in the G. • Walker Survey, Abst, No. 1330, Denton County, Texas, being part of a cetain 42.5 acre tract deeded by J. E. Edwards et al to E. J. Edwards on July 25, 1945, recorded in Volume 316, page 368, Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a corner in the middle of a public road on the north lira of said 42.5 acre tract at a point 810 feet east of v the northeast corner of a 5.00 acre tract deeded by E. I.-Edwards on June 27, 1959, recorded in Volume 447, page 685, Deed Records of said County; THENCE East with the north line of said 42.5 acre tract in said road part of the way 335.5 feet to a corner iiorth of said road; THENCE South with a fence part of the way 250.0 feet to a steel pin; THENCE Wi:st 335.5 feet to a steel pin; THENCE North with a fence part of the way 250.0 feet to the place of beginning, containing in all 1.926 acres of land. 1 f .1, f.rt'y..ki womm-pWamp IMF- CONTRACT OF SALE"- :r § KNOW ALL MEN BY THESE PRESENTS that: "k THE STATE OF TEXAS § COUNTY OF DENTON § RICHARD CLARK SHELTON and wife, MYRTLE ELIZABETH SHELTON, herein- hereby agrees to-sell and after called "Seller", whether one or more, 'hereinafter ~ convey to CITY OF DENTON, TEXAS, a Municipal Corporation, and Purchaser "Purchaser", whether one or more, hereby agrees y for the following described real property situated in to buy and pay Denton County, Texas, to-wit: Fully described in Exhibit A attached hereto and made a part hereof. together with all and singular the rights and appurtenances pertaining thereto, including any right, title and interest of the Seller in and to adjacent streets, alleys, or rights-of-way, such real estate, appurtenances being herein referred tp as the "property". _ rights and This conveyance shall~be subject to easements ofrecord. follows: 1. The total sales price is $40,000.00, payable as. All cash to be paid at closing. 2. Possession ' of the property shall be delivered by Seller to t fth PLrcheT' bec n d of tenant= ~ Purchaser---t--c as who resides u on the ro ert . The Closing shall take place at Denton, Texas on the 15th day of November, 1982 at the offices of USLIFE TITLE OF UINTON, 531 North Locust. 3. There is no real estate agent involved in this transaction. Special Conditions: (a) Seller will furnish survey. CONTRACT OF SALE, Page Ooe Owners Tittle Polic covering the Y above described real estate con- taining no exceptions or conditions other than the standard exceptions printed in the Owners Title Policy and the conditions and exceptions stated in paragraph 6 hereof. 6. Seller warrants and represents to Purchaser that at the time of Closing hereunder he will have and will convey to Purchaser good and marketable title to the property, free and clear of any and all encumbrances. Utility easements which do not adversely affect the value of the property, restrictive covenants and, other. conditions in connection with the creations of any addition or subdivision of which the property is a part, zoning ordinances, and the lien for current taxes shall not be deemed to the title defects. 7. Purchaser hereby acknowledges that, at the time of the execu- tion of this contract, it has been advised that the Purchaser should be furnished with or obtain a policy of title insurance. 8. Rents and,ad valorem taxes for the then current year shall be prorated at the Closing effective as of the Closing date. 9. Purchaser acknowledges that he has inspected all buildings and improvements situated on the property and is thoroughly familiar with their. condition, and Purchaser hereby accepts the property and the buildings and improvements situated thereon, in their present condition, with such changes therein as may hereafter be caused by reasonable deterioration. If the buildings and improvements situated on the property should be destroyed or damaged beyond repair by fire, windstorm, hail, explosion, or other casualty before the scheduled Closing date (as deferred by any postponement in accordance with paragraph 15), 'Purchaser may, at his option, terminate this contract by written notice delivered to Seller,on or prior to the scheduled . Closing date. If the buildings and improvements situated on the prop- erty should be daclaged, but not beyond repair, by fire, windstorm, hail, explosion or other casualty before the scheduled Closing date (as deferred by any postponement in accordance with paragraph 15), Seller shall forthwith restore such property to subtantially, its former CONTRACT OF SALE, Page Two s NMI, ex n n' e Ler shall have the tight to terminate this contract by reason of such damage. 10. In the event the Seller is unable to convey title to the prop- erty in accordance with paragraph b of this contract, Purchaser may at , his option terminate this contract by written notice delivered to Seller on or prior to the scheduled Closing date (as deferred-by any postponement in accordance with paragraph 15); otherwise -Purchaser shall be conclusively deemed to have accepted Seller's title. 11. If this contract is terminated by Purchaser pursuant, to paragraph 9 or 10 hereof, all amounts theretofore paid by Purchaser on the purchase price shall be promptly refunded to Purchaser, and the parties shall have no further obligation or liabilities one to the other. 12. In the event that Seller should fail to consummate this contract for any reason, except Purchaser's default, Purchaser may enforce specific performance of this contract or may bring suit for damages against Seller. 1 .13. In the event that Purchaser shall fail to consummate this e contract for any reason, except Seller's default or the termination of this contract pursuant to paragraph 9 or 10' hereof, Seller may bring suit for dam e ,es against Purchaser, or Seller may, at his option, enforce specific performance of this contract. 14. Seller warrants that no real estate agent is involved with transaction. 15. The Closing herein shall take place in Denton, Texas on the date stated in this contract provided that if on such date the title company has not yet approved title or if there are title objections which have not yet been cured, the Closing date shall be postponed not less than 5 nor more than 30 days to such dAte as shall be designated by the Seller by written notice to Purchaser. At the Closing, Purchaser sh tl pay to the Seller the unpaid balance of the purchase price of the property as provided in paragraph i. and Seller shall deliver to Purchaser an owners Title Policy as specified in paragraph CONTRACT OF SALE, Page Three ~ y to Purchaser, free hnd clear of an''liens or 7rncum rances exc. ep those expressly permitted hereby. 16. This contract embodies the complete agreement between the par- ties hereto and cannot be varied or terminated except by the written agreement of the parties. I 17. The attorney for Seller is WILLIAM P. PHILIPS, JR., 101 North Elm, Denton, Texas 76201. The attorney for Purchaser is C. J. TAYLOR. City Attorney, o `a Municipal Building, Denton, Texas. 18. Any notice required or permitted to be delivered hereunder shall be deemed to be delivered, ,nether actually received or not, when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, and as shown in the space marked address on this contract. SIGNED in duplicate this day of 1982, by Seller. SIGNED in duplicate this _ day of 1982, by Purchaser. RICHARD CLARK 7HELT0_ Se ier MYRTLE ELIZABETH SHELTON Sj er 118 Live Oak Drive Pleasanton TX 78064 A ress o Se er (512) 569-5010 Telephone Number o Seller' CITY OF DENTON, TEXAS ATTEST: By; RICHARD U. STL ART. Its Mayor 'City Secretary 215 E. McKinne Denton Texas 76201 Address o Purc ,-se r City Manager 566-8307 City Attorney 566-8333 Teel-ep_ one um er o Purcha'ser' CONTRACT OF SALn., Page Four All that certain tract or parcel of land situatedoin the Gideon Walker Survey, Abstract 1330Denton County, Texas, being part,of a 42.5 acre tract conveyed to J. E. Edwards, et al to E. 1. Edwards on July 25, 1945, recorded in Volume 316, Page 368, Peed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a corner in the middle of a public road ou the north line of said 42.5 acre tract at a point 503.5 feet East of the northeast corner of a 5.00 acre tract conveyed by •E. •1. Edwards to R. E. Edwards, on June 27, 1959, recorded in Volume 447, Page 685, Deed Records of Denton County, Texas; THENCE East with the north line of said 42.5 acre tract in .d said road 100 feet to a corner; THENCE South 206 feet to a steel pin; THENCE West 101 feet: to a st..l pin; THENCE North 206 feet to the place of beginning, containing in all 0.473 of an acre of land. a 1