1987-1851911L
NOTE THIS ORDINANCE AMENDED BY 88-122 AND A COPY ATTACHED
NO
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON
AND BRAZOS ELECTRIC POWER COOPERATIVE FOR THE PURCHASE OF
ELECTRICAL FACILITIES AND EASEMENTS, AND PROVIDING AN EFFECTIVE
DATE
WHEREAS, it is in the best interest of the City of Denton to
purchase the electrical equipment and facilities described
herein, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the City Council hereby approves and auth-
orizes the purchase of electrical £acllltles and easements {rom
Brazos Electric Power Cooperative, Inc , under the terms and
conditions contained in said BIll of Sale and Assignment o£
Easements as attached hereto
SECTION III That this ordinance shall become effective
immediately upon its passage and approval
PASSED AND APPROVED this the~'~day of~~_~_, 1987
ATTEST
ETWALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
1911L
THE STATE OF TEXAS S AGREEMENT BETWEEN THE CITY OF DENTON,
TEXAS AND BRAZOS ELECTRIC POWER
COUNTY OF DENTON S COOPERATIVE FOR THE PURCHASE AND SALE
OF ELECTRIC FACILITIES AND EASEMENTS
Agreement made between the City of Denton, Texas, a municipal
corporation, ("Buyer"), and Brazos Electric Power Cooperative,
Inc , a corporation organized and operating pursuant to the Texas
Electric Cooperative Corporation Act, Article 1528b, V T C S ,
("seller");
WHEREAS, Seller presently owns, maintains, and operates
electrical equipment and facilities within the County of Denton,
Texas, to supply customers with electrical services, and
WHEREAS, Seller has agreed to sale to Buyer and Buyer has
agreed to purchase from Seller a 69 KV electric transmission line
and the associated equipment and easements used therefore, as is
more particularly described herein,
NOW, THEREFORE, in consideration of the mutual consideration
and covenants contained herein, the parties agree as follows
I
In consideration of the sum of Eleven Thousand Five Hundred
Twenty-e~ght Dollars and Twenty-four Cents ($11,528 24), paid to
Seller by Buyer, receipt of which is hereby acknowledged, Seller
does hereby sell, assign, and convey to Buyer all 1ts right,
title, and interest ~n that certain 69 KV electric transmission
line, including all poles, lines, wires, fixtures, and appurte-
nances ("Facilities") and easements used in con]unction
therewith, located and described as follows
Beginning from Seller's electric substation at Buyer's
Spencer Road Power Generating Plant and extending
approximately 4 2 mlles to the junction of sa~d l~ne with
Seller's 138 KV electric transmission line located north
of Seller's Canyon Substation, as shown in Exhibit
attached hereto and incorporated herein by reference
II
The easements being assigned an conveyed here~n ~nclude all
those easements described in Exhibit 'B", attached hereto and
incorporated herein by reference
III
Seller covenants that it is the lawful owner of the Facilities
and easements herein conveyed, that they are free and clear of all
encumbrances of any kind, that Seller has the right and authority
to sell and dispose of the same as provided for herein, that all
lawful requirements for the sale of Facilities have been performed
by Seller; that all necessary easements upon which the Facilities
are located are herein conveyed and assigned, and Seller binds
~tself and its successors to warrant and forever OefenO the Fac~l-
lt~es and easements to Buyer and Buyers successors against every
person whomsoever lawfully claiming or to claim the same or any
part thereof
IV
Seller will promptly hereafter, ~f necessary, execute and
del~ver any and all necessary assignments, deed, or documents
necessary to effect the conveyance of the property herein being
purchased and sold
EXECUTED th~s the~_~lay of ~, 1987
CITY OF DENTON, TEXAS
BY R~
ATTEST
J~IFER--~A~TERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY ~ ~- "~' '(~"J~ BRAZOS ELECTRIC POWER COOPERATIVE
BY
ATTEST
SECRETARY
PAGE TWO
EXHIBIT "B"
INSTRUMENT FILE RECORDED D R D C T
GP~qNTOR DATE DATE DATE VOL
Joe Akers, et u~ 05-1#-46 12-31-46 01-11-47 332 484
John Oassaw~¥, et ux 06-01-46 12-31-46 01-14-47 332 499
J B Solunttz 06-04-47 10-24-49 11-21-49 354 394
Stuart M Volk et al 06-05-47 10-24-49 11-21-49 354 401
J W Wa=d 06-03-47 10-24-49 11-21-49 354 402
G H B~ma'mer 06-10-47 10-24-49 11-19-49 357 45
C E B~o~les, et ux 07-14-47 10-24-49 11-19-49 357 47
L W Opitz 06-03-47 10-24-49 11-22-49 357 49
M A Ha~E&rd, et ux 06-11-47 10-24-49 11-21-49 357 54
Roland Hill, et ux 06-03-47 10-24-49 11-21-49 357 56
D R Bray, et ux 06-18-52 08-04-52 09-11-52 381 490
Mrs 8the1 Fuson, et al 06-18-52 08-04-52 09-11-52 381 492
Mrs Sarah Pewell 06-18-52 08-04-52 09-11-52 381 493
H P Price, et ux 06-18-52 08-04-52 381 494
A M Stinson 06-18-52 08-04-52 09-04-52 381 496
J P Simmons, et al 06-18-52 08-04-52 09-12-52 381 501
J F Mason, et ux 06-19-52 08-04-52 09-12-52 381 513
Mrs Katharine Pentek 07-13-52 10-22-52 11-22-52 382 369
Durrett
W D Poekrus, et ux 10-02-52 10-20-52 11-26-52 384 118
Arch Brown, et ux 09-24-52 10-20-52 11-26-52 384 119
Grace S~arr 06-24-52 10-20-52 11-26-52 384 121
Copeland, et al
J W R0&oh, et al 06-16-52 10-20-52 11-26-52 384 124
L R Striokland 10-18-52 03-20-53 04-18-53 386 59
C M Simmons, et ux 04-03-57 06-06-58 06-17-58 437 613
C M Simons, et ux 03-12-57 08-27-59 09-02-29 449 439
S D Roberts, et ux 05-24-74 06-10-74 710 119
TheresaM Adkison, 11-23-83 11-23-83 1297 617
£ndivid~all¥ and as 11-23-83 11-23-83 1297 619
lnd ex~cutrix of the
estate of Robert 0
Adkison, deceased
Ben Pinnell and 12-01-83 12-13-83 1307 330
John H Kine
Satell Investment 03-28-84 03-30-84 1371 821
Management, Inc
2458g
1911L
THE STATE OF TEXAS ~
BILL OF SALE
COUNTY OF MCLENNAN ~
That, in consideration o£ the payment of Thirteen Thousand
Three Hundred Ninety Dollars and Seventy Cents ($15,$90 70), the
receipt of which is hereby acknowledged by Brazos Electric Power
Cooperative, Inc (hereinafter termed the "Seller"), said Seller
has SOLD, TRANSFERRED, AND CONVEYED, and by these presents does
SELL, TRANSFER, AND CONVEY all its right title and interest in
7 51 miles of transmission line known as Brazos Line 205 (H-2)
in Denton County, Texas, from the Seller's Structure No 15/6,
Line Section XH3, to the Denton Steam Plant Substation, unto the
City o£ Denton, Texas (hereinafter termed "Purchaser,,), its
successors and assigns, to have and to hold forever
For purposes of the Bill o£ Sale, "transmission line" means
the following, to the extent such may exist on the date of
execution of this Bill of Sale 103 Poles Structure No H2A
1/17 through HZ 8/8, all lines, appurtenances and any other
personal property or fixtures associated with said transmission
line
This conveyance is expressly made subject to the following
(l) Any lien for current taxes, assessments or govern-
mental charges or levies not in default,
(ii) No collection of sales tax is part of the consider-
atlon herein and the Seller believes such sale to
be non-taxable under the Limited Sales and Use Tax
laws of the State of Texas Should, however, the
Comptroller of Public Accounts for the State of
Texas determine any sales tax to be due or owing
on said sale, the Purchaser shall pay such tax to
the Seller for payment to the Comptroller
Seller binds itself to WARRANT AND DEFEND said transmission
line unto the said Purchaser, its successors and assigns, from
and against the lawful claims of whomsoever claims or shall
claim the same, or any part thereof, by and through, or under
Seller, but not otherwise, subject, however, as aforesaid
IN WITNESS WHEREOF, this Bill of Sale is executed on this
the , day of , 1987
BRAZOS ELECTRIC POWER COOPERATIVE,
INC , SELLER
BY
RICHARD E MCCASKILL
EXECUTIVE VICE=PRESIDENT
& GENERAL MANAGER
THE STATE OF TEXAS
COUNTY OF McLENNAN
On this daf o£ , 1987, before me,
the undersigne--~d"-Notar¥ Publict personally appeared Richard E
McCaskillt personally known to me to be the person and o££1cer
whose name is subscribed to the £oregolng Instrument and
acknowledged to me that the same was the act of the said Brazos
Electric Power Cooperative, Inc , a corporation, and that he
executed the same as the act of such corporation for the
purposes and consideration therein expressed and in the
capac~t~ there~n stated '
WITNESS my hand and o££icial seal
NOTARY PUBLIC~ STATE OF TEXAS
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
By
~ICHARD E McCASKILL
EXECUTIVE VICE PRESIDENT & GENERAL MANAGER
'i~E STATE OF TEXAS ~
¢OUNT~ OF McLEt~AN ~
EEFORE HE~ the undersigned a NataL"/ Public in and For said County and
State~ on this day personally appeared , ~no~ to
me co be tho pe~$ou and o£f~ce~ ~hose n~me ~s aubscFlbed to the ~oregoinE
instrument and aoknowladEed to me ~hat tho same ~as the acc of the sa~d BFazoa
Klec~c Favor Cooperat~ve~ ~nc & coFpo~ation~ and c~at he executed the
same al oho act of sucA co~po~a~on ~or the purposes and considerat£on therein
G~VRN UNDER ~y HAND AND SEAL OF OFF,CE this ~he day of
A D , 19E?
~XHIBZT A
AB~T {232
#15&5
~15¢5
County, Texas filed October 24, 1949 - O Walker Survey AHST ~1330
Easement granted by Joe Akera et ux, fac in Volume 332, Page 484 Denton
County, Texas filed December 31, 1946 - O Walker Survey ABST #1330
Eaaemnnt granted by J g $chmitz at al, rec in Volumm 3~4, Page 394
Denton County, Texas filed October 24, 1949 - O Walker Survey, ASST #i330
Denton County, Texas filed October 24, 1949 ~ O Walker Survey, ABST ~1330
Heaemmmt granted by {oland Hill at ux tee in Volumm 357, Page 56,
Denton County, Texas filed October 24 1949 - ~ Walker Survey, ABST #1330
Easement granted by Emma Opita Flackmmn, rec in Volume 3~7~ Page 62
Denton County, Texas filed October 24, 1949 - O Walker Survey ABST #1330
Denton County, Taxam filed June 11, 1974 - O Walkar Survey, ABST ~1330
County, Texas ~lled October 24, 1949 - David Hough Survey, ASST ~6~6
Eamammmc {rau~ed by ~ A Haggard a~ ux aec in Volumm 357, Page 94,
Dan~on County, T~as fl~ed October 24, 19~9 - David Hough Su~ey ABST ~646
Easemeu~ {=anted by S ~ Volk e~ ux, aec in Voiuma 35~ Pa~a ~OZ, Denton
County, Texas filed OcUobe= 2~, 1949 - John W Chmm~ Survey, ABST ~324
1371 page 82~, Dannon County Texas filed May 30 1984 - John W Cheek Su~ay
ABST ~324
1911L
NO
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON
AND BRAZOS ELECTRIC POWER COOPERATIVE FOR THE PURCHASE OF
ELECTRICAL FACILITIES AND EASEMENTS, REPEALING ORDINANCE NO
87-185, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, it is in the best interest of the City of Denton to
purchase the electrical equipment and facilities described herein,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the City Council hereby approves and auth-
orizes the purchase of electrical faczlities and easements from
Brazos Electric Power Cooperative, Inc , under the terms and
conditions contained in said Agreement, Bill of Sale and
Assignment of Easements as attached hereto and incorporated by
reference herein
SECTION II That the expenditure of funds as authorized ~n
the Agreement is hereby authorized
SECTION III That Ordinance No 87-185 is hereby repealed
and the City Secretary is hereby directed to inscribe the fact
that said ordinance was repealed effective July 19, 1988 on samd
ordinance in the official ordinance book
SECTION IV That this ordinance shall become effective
zmmediately upon its passage and approval ~
PASSED AND APPROVED this the /~day of , 1988
ATTEST
ppN%FEK~ALTERS, CITY SECRETARY
ROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY