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HomeMy WebLinkAbout11-1966 66 7 ti olvip THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON : On this the 10th day of November, 1966, the City I Council of the City of Denton, Texas, convened in Special Meet- ing, at the Municipal Building, with the following members I, 1present, to-wit: Warren Whitson, Jr., Mayor, I ' Howard Gentry, Fred H. Minor, Councilmen, L. A. Nelson, : Brooks Holt, City Secretary, ~ and with the following absent: A. &e4 4- i/V13 constituting a quorum of the City Council, at which time tha following proceedings were had: Councilman ' LJG introduced an ordinance and moved that it be passed, The motion was seconded by Councilman ~r N1fl H The motion carrying with it the passage of the ordinance prevailed by the following vote: AYES: All Councilmen present voted "Aye". NOES: None, The ordinance is as follows: L? ORDINANCE N0. ' ACCEPTING SIDS FOR THE CONSTRUCTION OF AIRPORT IMPROVEMENTS; AWARDING CONTRACTS PURSUANT THERE- TO; AUTHORIZING THE ISSUANCE OF ONE HUNDRED TWENTY FIVE THOUSAND ($125,000) DOLLARS OF CITY OF DENTON AIRPORT IMPROVEMENT WARRANTSi SERIES 1966; LEVYING A TAX TO PAY THE PRINCIPAL AND INO TEREST THEREOF; PROVIDING FOR THE METHOD OF THP~ pqr EXECUTION, ISSUANCE AND DELIVERY THEREOF; AND ORDAINING OT11ER MATTERS RELATING TO THE SUBJECT. A ~ kM V' F , . y i s r i WHEREAS, heretofore, the City Council of the City of Denton, Texas, determined the necessity for the construction of Airport Improvements and directed the City Secretary to pub- lish notice to bidders for such work, which notice has been published in a newspaper of general circulation within the City, and is in words and figures as follows: i i i { i ay~ t w . I "NOTICE TO BIDDERS Sealed proposals addressed to the City of Denton, Denton County, Texas, will be received at the Office of the City Secretary, City Hall, Denton, Texas, until 10:00 A,M,., C.S.T., October 13, 1966, for constructing improvements at the City's Municipal Airport as follows: Contract A: For Constructing One (1) I Metal Airplane Hangar with Office Space. Contract B: For Constructing Ten (10) Metal Airplane ~i "T - Hangars". Contracts "A" and "B" will be awarded separately, but Bidders are invited to bid for either or both of said contracts. Bidders must submit with their bids a Cashiers or Certified Check payable to or endorsed, without recourse, to the City of Denton, Texas, in the amount of $4,500 for Contract A and $1,750 for Contract B, or s0mit a Proposal Bond in the ~j same amounts from a reliable Surety Company, as a guarantee that Bidder will enter into a contract and execute the required bond and guarantee within five (5) days after notice of award of con- tract to him. Bids without check or Proposal Band will not be considered, In accordance with Article 5159(x) V.A.T.S. the successful Bidder will be required to furnish not only a Performance Bond in the amount of the contract, but also a Payment Bond in the amount of the contract, for the protection of all claimants supplying labor and materials as defined in said law. The l,onds must be executed by an approved Surety Company holding a permit from the State of Texas to act as Surety, and acceptable according to the latest list of companies holding certificates of authority from the Secretary of the Treasury of the United States, or other Surety or Sureties acceptable to the City. All. prices must be stated in both script and figures. The City reserves the right to reject any or all bids and to waive f6rmalitiea. In case of ambiguity or lack of clearness in stat- ing the price in the bids, the City reserves the right to con- eider the most advantageous construction thereof, or to reject l' the•bid. Unreasonable or unbalanced prices will be con. i' sidered sufficient cause for resection of any bid or bide. Bidders are expected to inspect the site of the work and to in form themsolves regarding loca: conditions and conditions under p4hich the work is to be done. ' !f i i '~7 r r r , r, 4 Not less than the prevailing rate of per diem wages for work of siciilar character in the City of Denton, and County of Denton, and not less than the general prevailing rate of per diem wages for legal holidays, Saturdays, Sundays, and overtime work shall be paid to all laborers, workmen and mechanics employed in connection with the foregoing Contracts. The City Council of the City of Denton has ascertained and here specifies such general prevailing rate of per diem wages in said City and County to be as fillows: Mechanic, Workman or Prevailing (8 hour Type of Crnft or Laborer Hourly Rate day) Asphalt Heaterman $1.50 Asphalt Raker 1.75 Asphalt Shoveler 1,50 Batching Plant Scaleman 1,60 Carpenter 2.50 Carpenter Helper 1.75 Concrete Finisher 2.25 Concrete Finisher Helper 1.75 Form Builder (Structures) 2.25 Form Builder Helper (Structures) 2,00 Form Setter (Structures) 2.25 Form Setter Helper (Structures) 2.00 Taborer, Common 1.45 Laborer, Utility Man 1150 Mechanic 2.50 Mechanic Helper 1.75 Oiler 1.75 Painter (Structures) 2.25 Painter Helper (Structures) 1,90 Pipe Layer (Concrete & Clay) 1,S5 Pipe Layer Helper (Concrete & Clay) 1.60 Power Equipment Operators: 2,00 Asphalt Distributor 2,00 Asphalt Paving Machine 2,50 Bulldozer, Over 80 H.P. Crane, Clamshell, Backhoe, Derrick, Draglins, Shovel (less than 1' C.Y.) 2,50 Crane, Clamshell, Backhoe, Derrick, 2,75 Dragline, Shovel (1'k C.Y. and Over) 'Electricians 3.75 Cement Masons 3.20 2.00 Glaziers Plumbers 2,75. Sheet Meal Workers 2.88 Foundati6A Drill Operator (Crawler Mounted) 3,00' 7 Foundation Drill°Operator,(Truck Mounted) 3.00 Foundation Drill Operator Helper 2,00 Pront End Loader (1 C.Y, and Less) 240 a. Front End Loader (Over 1 C.Y.) 2.40 Mixer (Over 16 C.F.) 2.50 r. Mixer ConareEe Paving) Motor Grader Operator] pine Grade x,50 Conetsta Paving saw a. 1 , Mechanic, Workman or Prevailing (8 hour Ty2e of Craft or Laborer _ ;dour Rate day) Motor Grader Operator $2.35 Roller, Steel Wheel (Plant-Mix Pavement) 2,00 Roller, Steel Wheel (Other) 1,75 Roller, Pneumatic (Self-Propelled) 1.50 Scrapers (Over 7 C,Y.) 2,50 Side Boom 2.35 Tractor (Crawler Type) 80 H.P, and less 1,50 Tractor (Crawler Type) Over 80 H.P, 2,50 Tractor (Pneumatic) 80 H,P, and less 1,50 Tractor (Pneumatic) Over 80 H.P. 1,15 Trenching Machine, light 2.35 Trenching Machine, Heavy 3.50 Reinforcing Steel Setter (Paving) 1.50 Reinforcing Steel Setter (Structures) 1.80 Reinforcing Steel Setter Helper 12..50 5 Steel Worker (Structural) 2.60 Steel Worker Helper (Structural) 1.00 0 Spreader Box Man Truck Driversi 1.50 Single Axle, Light 1$0 Single Axle, Heavy 1.50 Tandem Axle or Semitrailer .75 Winch 1.75 Vibrator Man (Hand Type) 1,40 3.00 Welder 1509'. of the foregoing rates for Sundays, legal Holidays, and overtime work. Instructions to Bidders, Proposal Forms, Specifications, Plans and Contract Doct'ments may be examined at the office of the City Secretary, City Hall, Denton, Texas, and copies of said instru- ments may be obtained. from said City Secretary, upon deposit of $5.00' as s guarantee of the safe return of the plans and speci- fications. F ~ Said deposit will be returned provided: (1) The Bidder returns the plans and specifications within 12 hours after the bid date; OR The Non-Bidder returns the plans at.L specifications LK (L) in good condition 12 hours prior to bid data; '`Otherwise the entire 95.00, deposit will be forfeited and no refund made. Suppliers may obtain Specifications and Plans at the address stated above upon deposit of Pive`($5.00) Dollars, which sum A is'. non•refunda it ii`the'intention of che,Ciey Council of the City of Denton to`ia;uo tho";time' warrants df the City of Denton for payment of a part of-illlof the Contraotelto be loads pursuant to this F Y w s L lit N Y ~ Notice, aad to pay part or all of the Engineer's fees in connection therewith. The maximum amount of time warrant indebtedness to be incurred for said purposes shall be $12500009 the maximum rate of interest such time warrants are to bear is 4h7. per annum, and the maximum maturity date thereof shall be 1986. The City has obtained a commitment from a bank for the purchase of said time warrants from the Contractor, so that said warrants shall be delivered to the Contractor and the Contractor will immediately deliver said warrants to such bank and receive in cash the par value therefor. CITY OF DENTON, TEXAS BY: BROOKS HOLT, CITY SECRETARY," ~r l {A* r ~I{gyp. ' a I ~f ~i' •ai' ~A t'`~," I I Y ,1• • I • II 1 ~I WHEREAS, said notice has been duly published in the I "Denton Record Chronicle", a newspaper published within Denton, Texas, in its issues of September 282 1966 and October 5, 1965; and WHEREAS, no petition for a referendum election has been filed with the City Council as permitted under the pro- visions of Chapter 163, Acts of the Regular Session of the Forty Second Legislature, known as the "Bond and Warrant Law of 1931"; and WHEREAS, on October 13, 19661 the day set in said notice, the City Council of the City of Denton, Texas, opene.' and read the bids filed pursuant to said notice; and WHEREAS, the City Council of the City of Denton, Texas, has considered said bids and has found that the bid filed by A & S Steel Buildings, Inc., is the lowest and best 'bid filed for Contract A,and that the bid filed by House and Hanna Iron Works is the lowest and best bid filed for Contract B, and that said Companies are the lowest responsible biddere. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: t y. 1. That the bid of A & S Steel Buildings, Inc,, for Contract A, and the bid of House and Hanna Iron Works, for Contract B, be and the same are hereby accepted by the City of Denton; 'Texas'. j~ 2. That contracts be executed between this City and "z A &'S Steel Buildings,:Y.nc., and House and Hanna Iron Works;'' f.n substantialiy the following form: x, a 1r. ' ~~'t~y i f I ,4 .,r_e i N a!I t 's P y a I STATE OF TEXAS (COUNTY OF DENTON X THIS AGREEMENT, made and entered into this day of A.D. 19 , by and between i i of the County of State of Texas, Party of the First art, hereinafter called CONTRACTOR, and the City of Denton, Texas, a municipal corporation, of the County of Denton, State of Texas, Party of the Second Part, hereinafter called OWNER, WITNESSETHs That for and in consideration of the payments and agraements ersinafter mentioned to be made and performed by Owner, and under the conditions expressed in the bond bearing even date herewith, the Contractor hereby agrees with owner to commence and complete the construction of certain improvements described as follows y p. nd all extra work in connection therewith, under the terms as x , stated in the Invitation for Bids, Proposal, and Information and Special Instructions to Bidders, and General Conditions of Agree- / " ent Attached hereto and hereby made a part, of this contract by r •x r A 1 Y. ry • . .`z t al ~ yam- f`' y~; ' f•'.x ''y i i r• reference the same as if set forth at length hereinj and at Con- tractor's own prop(or cost and expense to furnish all materials, i supplies, machinery, equipment, tools, superv'.sion, labor, insur- ance 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 the conditions and prices stated in the proposal, and in accordanc with all the Genera]. Conditions of Agreement, and in accordance with the planar which include all maps, plats, blueprints and othe drawings and printed or written explanatory matter thereof, and specifications therefor, as prepared by the City Engineer of the City of Denton, Texaks, each of which has been identified by the endorsement of the contractor and the said City Engineer therein. Contractor hereby agrees to commence work within ten (10) days aftor the date written notice shall have been given to com- nonce, and to substantially complete said work within working days after the date established in the written notice to Qt, connnenee work, { lawfully issued time warrants Owner agrees to pay the Cohtractor in/xxxznmtxfwnda for the to s ~•r. perforvance of the construction of the work in accordance with 'the proposal submitted therefor, subject to additions and deductio s, as, provided in the General Conditions of Agreement, and to snake " ^ I paya►onte on account thereof as provided therein. 'sx' IA- ter ,r Kati a IN WITNESS WHEREOF, the parties have executed this Agreement in"duplicate in the year and on the date first above writton. i s I Contractor ATTESTt bye f , CITY OF. DENTON, TEXAS, Owner bye Warren Whitson, Jr., Mayor City of Denton, Texas ATTESTO Brooks Holt, City Secretary 'A,.. City of Denton, Texas k APPROVED AS TO LEGAL FORMt &Jac% Q: Barton, City Attorney City of Denton, Texas S Y . M' ^ t , at 41 + ids p H 'E r ! 'r r , f i The above plans, specifications, bid, hid proposal, and/or drawings are hereby approved by the contracting parties, and are incorporated into and made a part of the general contr&ct agreement by and between Contractor and the City of Denton, called Owner. Dated and endorsed this day of A.D., 14 Contractor Bys CITY OF DENTON, TEXAS, OWNER Byt Robert L. Pearce Director of Community Development , • r Y4 Ile r flri , t' a, r r r v`; 'r ;tv r.~ i. 01 1 rt 1' t ! r , S r 4 r y,y r r 1 c M - 1 1i`• r . iI 3. That the Warrants of the City of Denton, to be f called "City of Denton Airport Improvement Warrants, Series 1966" be issued under and by virtue of the Constitution and Laws of the State of Texas, in the amount of One Hundred Twenty Five I~ Thousand ($125,000) Dollars, for the purpose of improving the City'e airport by constructing a hangar and office building and a ten unit tee hangar. 4. Said Warrants shall be numbered consecutively from One (1) to One Hundred Thirty Five (135), both inclusive, shall be in the denomination of One Thousand ($1,000) Dollars each, except Warrants Numbers-One (1) through Five'(5) for $100 each, and. Warrants Numbers Six (6) through Sixteen (16) for $500 each, and shall become due and payable as follows: WARR114TS NUMBERS MATURITY DATES AMOUNTS 1 through 16 December 19 19680 $ 6,000 17 through 22 December 11 19699 69000 23 through 28 December 1, 1970, 69000 r`- 29 through 36 December 12 19719 89000 37 through 44 December 1, 1972, 8g0000 45 through 52 December It 19731 0000 53 through 61 December 10 19749 91000 62 through 70 December 1', 1975, 9,000 71 through 80 December 1, 1976, 100000 8,1,through 90 December 1, 1977, 100000 91'through`100 December It 19780 100000 101 through 111 December 10 1979, 111000 112 through 123 December 1, 1980, 12,000 ` 124 through 135 December 10 19819 120000 5. That as to said Warrants scheduled to mature on and after December 1, 1972, said City shall have the right and option of redeemint such Warrants prior to their scheduled maturi -r ties,-in whole, or in part, on December 1, 1911, or on any in- terest payment date thereafter, for the principal amount thereof plus accrued,ihtereat to tho date fixed for redemption. A, At least thirty days before the date fixed for Any Such radsmption,.the'dity,shall cause a written notice of such p r . 04 , 14 tic.. "091 1 3 4? liai I , !I redemption to be mailed to the First State Bank of Denton, Denton, Texas. By the date fixed for any such redemption, due provision shall be made with the paying agent for the payment of 11 I the 'principal amount of the bonds to be so redeemed, plus accrued interest thereon to the date fried for redemption. If the written notice of redemption is mailed, and if due provision for payment is made, all as provided above, the bonds, which are to be so redeemed, thereby automatically shall be redeemed prior to maturity, and they shall not bear interest after the date fixed for redemption, and shall not be regarded as being outstanding except for the purpose of receiving the funds so provided for such payment{ 6. That said Warrants shall be dated December 1, 1966. 7. That said Warrants shall bear interest from their date at the rate of Four and one-half (4j%) per cent per annum, evidenced by coupons payable December 1, 1967, and semi-annually thereafter on each June 1 and December 1. { 8. That the principal of and interest on said Warrants shall be payable in lawful money of the United States of America i upon presentation and surrender of warrant or proper coupon at the First State Bank of Denton, Denton, Texas, without exchange or collection'charges to the owner or holder thereof. 90That each of said Warrants shall be signed by the Mayor, countersigned by the City Secretary, and the seal of the City of Denton shall be impressed upon each of them. Jul A 4 ' 106 That the facsimile signatures of the Mayor and y y be lithographed or printed upon the coupons City Secretary may attached to said Warrants and said printed or lithographed signatures shall have the game effect as if they had been axw eauted uAnually by said officers. q P I' I u 11, The form of Warrants shall be substantially as follows: k NO. $ UNITED STATES OF AMERICA STATE OF TEXAS } i COUNTY OF DENTON CITY OF DENTON AIRPORT IMPROVEMENT WARRANT SERIES'1966 The City of Denton, in the County of Denton, State of Texas, acknowledges itself indebted to, and promises to pay to the bearer hereof on the 1st day of December, 19 , the sum of DOLLARS in lawful money of the United States of America, with interest thereon from the date hereof at the rate of Four and one-half (4W per cent per annum, evidenced by coupons payable December 1, 1967, and semi-annually thereafter oa June 1 and December 1 of each year, and the City Treasurer is hereby authorized, ordered and directed to pay to bearer said principal sum together with ,ntereat thereon evidenced by coupons hereto attached, both prin- cipal and interest payable at the First State Bank of Denton, Denton, Texas, without exchange or collection charges to the owner or holder hereof. The full faith and credit of the City -of Denton, Texas, and all of the taxable property in said City r, are hereby irrevocably pledged for the prompt payment of the principal of this Warrant at maturity and the interest thereon as it Accrues, The Warrants of this Series scheduled to mature on and sifter December 1, 19720 may be redeemed prior to their scheduled maturities, in whole, or in rart, tt the option of said City, on • ant data thereafter, for De6embar,'4 'i97'l, or on any interest payment the principal amount thereof plus accrued interest to the date 'i fixed for redemption. At least thirty days before the date fixed for any such redemption the City shall cause a written notice of such redemption to be'mailed to the First State Bank of Denton, ! Denton, Texas. By the date fixed for any such redemption, due 1 provision shall be made with the paying agent for the payment of the principal amount of the Warrants to be redeemed, plus accrued interest thereon to the date fixed for redemption. If the written notice of redemption is mailed, and if due provision for such payment is made, all as provided above, the Warrants, which are to be so redeemed thereby automatically shall be re- deemed prior to maturity, and they shall not bear interest after the date fixed for redemption, and shall not be regarded as be- ing outstanding except for the purpose of receiving the funds so provided for such payment, This Warrant is one of a series of One Hundred Thirty Five (135) Warrants of like tenor and effect, except as to number t denomination, maturity and right of prior redemption, numbered consecutively from One (1) to One Hundred Thirty Five (135), both 1. inclusive, of the denomination of One Thousand ($1,000) Dollars each, except Warrants Numbers One (1) to Five (5), ooth inclusive for One Hundred ($100), Dollars each, and Warrants ilumbers Six` (6) Ito"Sixteen (16), both inclusive, for five Hundred ($500) Dollars each,. aggregating One Hundred Twenty Five Thousand ($125,000) Doilars issued for the purpose of improving the City's airport by Py([ constructing a hangar and office building and a ten unit tee hang r, "a., under and by virtua of the Constitution and laws of the State of Texas, and pursuant to an Ordinance passed by the City Council of the Oity of Donton, Taxes, duly recorded in the minutes of said city Council. 'The data of this Warrant in conformity with the "a'` ~brdinanca above mantioned is the 1st day of December, 19666 AND IT IS HEREBY CERTIFIED AND RECITED that the issuance of this Warrant and the series of which it is a part is duly authorized by law and that all acts, conditions and things requir i ed to be done precedent to and in the issuance of this series of Warrants and of this Warrant have been properly done and performe and have happened in regular and due time, form and :Wanner as re- qui•ced by law, and that the City of Denton has received full value for this Warrant; that due provision has been made for levying an collecting annually by taxation'an amount sufficient to pay the interest on these Warrants as it falls due and to provide a sinking fund for the final redemption of said Warrants at matur- ity; that the issue of Warrants of which this is one, together with all indebtedness of said City is within every debt and other limit prescribed by the Constitution and laws of the State of Texas, IN WITNESS WHEREOF, the City of Denton, by tts City Council, has caused the seal of said City to be hereto affixed } and this Warrant to be signed by its Mayor, countersigned by its f City Secretary, and the interest coupons hereto attached to be executed by the lithographed or printed fansivilo signatures of the Mayor and City Secretary, Mayor COUNTERSIGNED1 K~ f r i . City" ty Secretary `12, The form of coupon shall be substantially as follows s k ON VII 1ST DAY OF p x w µ4'y lq~ T'ha Vessurer'of'the City of Denton, Texas, will pay a ` ro bearer, un)'ins due provision has been made for the redemptior, E' 4E: r ~x V^ ~.Y Y 4 ~i W 49'T ' 1 l 'dL ` . F . prior to maturity of the Warrant to which this interest coupon is attached, the amount of Dollars in lawful money of the United States of America, without exchange or collection charges to the bearer, upon presentation and sur- 1 render of this interest coupon, at the First State Bank of Dentoni Denton, Texas, said amount being interest due that day on the Warrant, bearing the number hereinafter designated, of that issue of City of Denton Airport Improvement Warrants, Series 1966, dated December 1, 1966, No. City Secretary Mayor 13. That a special fund to be designated "City of Denton Airport. Improvement Warrants, Series 1966 Fund", is here- :by created and the proceeds from all taxes collected for and on account of this series of warrants shall be credited to said fund for the purpose of paying the interest as it accrues and to pro-' vide a sinking fund for the purpose of paying each installment of principal as it becomes due, and said fund shall be used for no ° other purpose. For each year while any of said warrants or inter- ` ,.est thereon are unpaid, there shall be computed and ascertained, at the time other taxes are levied, the rate of tax based on the { latest approved rolls of said City as will be requisite and sufficient to make, raise and produce in each of said yecrs a fund to pay the interest as it accrues and to pay the principal as it matures, or to provide at least two (2%) per cent of the a principal as a sinking fund, whichever is greater, full allowance being made for delinquencies and costs of collection. A tax at the rate, as hereinabove detertiined is ordered to be levied and is hereby levied against Ali of the taxable property in said City for the current year and for each year thereafter while rya Ott . , n, X Ilk nRj said warrants or any of them are outstanding and unpaid, the said tax each year shall be assessed and collected and placed I in the Fund hereby created and the Treasurer shall honor warrants • a3ainst said,Fund for tLe purpose of paying the interest on and principal of said warrants and for no other purpose. 14. After said Warrants shall have been executed as hereinabove provided, they shall be held in the custody of the City secretary to be delivered only at such times and in such amounts as hereinafter directed by the City Council of the City of Denton, Texas. •1 PASSED AND APP OVFD this the 10th day of November, 1966 Cit cretary, City of Mayor, City of Denton, Texas, =g Denton, Texas, Is the undersigned, City Attorney of the City of Denton Texas, hers Jy certify that I approved as to legality the attached and -following Ordinance prior to it passage as aforesaid. A144 City Attorney ai ,c . f& =ai y ,p Diu rp~' f. rM b -n p. miL E THE STATE OF TEXAS COUNTY (F DENTON i CITY OF DENTON I, the undersigned, City Secretary of the City of V, Denton, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance passed by the City Council of the City of Denton, Texas, (and of the minutes pertaining thereto) accepting bids for the construction of Airport Improvements; awarding contracts pursuant thereto; authorizing the issuance of $125,000 City of Denton Airport ! Improvement Warrants, Series 1966; levying a tax to pay the principal and interest thereof; providing for the method of the execution, issuance and delivery thereof; And ordaining *a. other matters relating to the subject, and that the same is .s r duly,of record in the minutes of said City Council of the,City of Denton, Texas. EXECUTED UNDER MY HAND and seal of said City, this 1 the LIday of November, 1966. Ci ecretary, City of Denton, Texas. rn ~ tF. sir . i 3i F 1 i r `f=Y! ~y V ! f i 13Y OO le/ -G PROCLAMATION BY THE MAYOR OF THE CITY OF DENTON, TEXAS TO ALL TO WHOM THESE PRESENTS SHALL CI 1r,1; WHERHAS, the over-whelming majority of the youth of the United States and Canada are constructive, responsible citizens whD receive altogether too little recognition !f their achievements, and WHEREAS, the men of Optimist International have dedi- cated themselves to proooting community-wide l _ recognition of our fine young people during Youth Appreciation wool each fall, and WOPXAS,^ the citizens of Denton, Texas, have indicated they wish to join the Oltimists in exprer Ang 1 i. their pride in our yout) and their approval 4 of the many fine things they are doing to improve both themselvexend our community, NOW} THEREFORE, I, Warren Whitson, Jr., Kayor, therefore PROCLAIM November 14-20,1966, as Youth Appre- k ciation Week in Denton$Texas with the sincere hope that every adult w il, not only stop to think about the many plre qualities of the younger generation but ptively recognize the individual and collective attributes and } achievements of as many FOI eople as they can possible reach, so citizens of tomorrow may fully real that we are confi- dent in their ability t4 build and govern the bright world of the futwo, a IN T~STIXONY NHEREOI, I have horeunto set my hand and paused the Seal of the City gfDenton to be affixed, this , day of November, A, R 1966, Warden Whitson, Jra, Uayor Citj of Denton, Texas ; ATTEST o Holt, City Secretary x City of Dorton, Texas ' ApphWb Ae to Lzan forms 7 ~ W r M "X ton, City AttO eyey ity of 6460ho TOM* a 1 .A, t f VOITAAL%JW5lq alTr YO 8A?1;jsrlPt13G 10 YTIO aDT '.(0 3TOYA,M f r :;lf00 .L~iAH2 2Tr1323HY i2f3TfiP i~)tiW 07' ,X,IA OT 1P 3o siIuoy Gd.t 20 y3 (sots m pn.iurl iw-xsvo erii ,2R~?1i3fi'd t ,BVl1ouYJanoo ozr? 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Oi-F! i"-vreroX tdMt'JOAq exeonle Wi dflw eexaT ,no3nocl rtl >(seW nol:fAlo ~ . ozi gola ylno Jon d,w 31ubs yYove lead! ogod adl to aelJllaup a11q yaviz od3 3uods Xnldl od1 eslnpooo% X160lot Jud nollaiensp Y: pniroy bn0 soludlYlls oelloolloo bits laublvlbril ~erti es ofg6oq enuoy',yrtwfi ab to asaamsvaldon ` 30 aneslJlo Trio isrt oa dosax oldlaaoq nsn -11noo 6x8 ow -IgWl osdas-i yllu3 yarn woxxomol sryi n t4vop Ent. bllud it 11111da Yiydl nl 3neb .oxrtul odl to blow 3dpl%d x ,'i03A8Fi1f SMOMI'i8 HI ' band ym Joe olnuoxgti rtvsd Otte "3o 11548 0411 beeu,esd bne ~bmicl33e1 od of nolne I y ZU0 ,YedtnevoH 3o Yab 12d1 All .aal a .R .y t YdYisM ~.sG ~noaildvi na taw ` esx®x ,nglheQ 3•f i1°J i8a't"r/S ~xsfny\oe8 Yelb tei a 00 gonxOifA Y9lC1 ~noiYllB y . F 1 CERTIFICATE OF ACCEPTANCE I, Robert L. Pearce, Director of Community Development, of the City of Denton, Texas, do hereby certify to the Honorable City I Council of said City'that the work of improving the following streets and portions thereof in the City of Denton, Texas, as described herein, has been completed by Public Construction Company in ` accordance with the terms of a contract entered into by and between i the City of Denton, Texas, and the said Public Construction Company, I dated June 9, 1964, and in accordance with the terms of Ordinance No. 64-26 passed and approved on the 26th day .f May, A. D. 19649 I ordering sech improvements, and that such improvements have been T'. constructed and completed in full compliance with the terms of , such contract, and with the plane and specifications therein con- % {j tained or referred to, and I do hereby recommend that tl.e Honorable L, City Council accept and receive said work and improvements as con- , 1 ta.strutted by the said Public Construction Company, the said streets p and portions thereof being described as follows: 1 STREET FROM TO Beaumont Street University Drire Sudset street i „ 6ucset $treat, Beaumont Street Anna Street Rudell Street Paisley Street Patty Street f s. 'Respectfully submitted this 22nd day of November, A. D. 1966. Robert L. Pearce At~ H .s s Director of Community Development ti City of Denton i ,tr , INN V r w' e J Grtil w Copy e I r Tha M1110rs Mutual abte comr UAWim OF Tarts MONa err,te . fee „OMeOa . Ff. WORTH S. 191AI No. 5 1butrr lit Attararg Wriow all grit bg t4tot Vrtstuto: That THE MILLERS MUTUAL FIRE INSURANCE COMPANY OF TEXAS, u corporation of the State of Texas, has made, constituted and appointed and by these presents does make, constitute and appoint J. B. Frys r of Fort Worth, Texas its true and lawful Attorneyin•Foct, to make, execute and deliver, on its behalf as Surety, bonds, undertakings and other obligatory Instruments of similar nature as follows: Without Limitation a r r Such bonds, undertakings and obligatory inslrumems for said purposes, when July executed by the aforesaid J.,,.B,r...FrY . shall be binding upon the sold Company. All the acts of said pursuant to the authority hereby given, are hereby ratified and confirmed. THAT THE MILLERS MUTUAL FIRE INSURANCE COMPANY OF TEXAS, pursuant of authority granted by resolution of the Executive C'omminee of its Board of Directors dated July 8, 1963 and unanimously approved by the Board of Directors on August 21, 1961, which mdd resolution has not been amended nor rescinded and of which the following Is a true and complete copy: "RESOLVED, That this corporation hereby authorizes and empowers its Chairman. Vice Chairman. President. Vice President, Secretary, or Mr. Bill H, Marlin. Assistant Secretary, to designate and appoint any other officer, agent or unorney, with full power and authority to sign the Company's name and offix its corporate seat to, and deliver for and on its behalf as obligor, any bonds, undertakings, and other obligatory instruments of similar nature." fit Offitreaf llthrrenf, THE MILLERS MUTUAL FIRE INSURANCE COMPANY OF TEXAS has caused Iho. p signed by Assistant Secrets and its car rate seal to Chairman, President, Vice President, Secretary or Mr. Bill H. Martin, lhbsenu to be its 9th ryppoo p daY of i,ts.. ~4!! . Fe~bru~ry Ke be affixed and duty attested 19 . Attest: THE MILLERS MU3UAt. FIRE INSU CF. COMPANY OF TFXAS I t5eall..,..,.. 'Cd11 . tt..4) . By.,..1~* m//avtA.4t ' n1,,.91C"ia'!i"ry......... tCo 1i O.A..Ht,ol.►?.G..., ..,,.,.....Sccrctary STATE OF TEXAS ss t COUNTY OF TARRANT t;.. this .,.....8t~... ay of . 19,6.4.... before me pcrsun.lk appeared ...~i1A.,H- Martin AS&-tat ent;,..,...£YetRrY........,. Title of THE MILLERS MUTUAL FIRE INSURANCE COMPANY OF TEXAS, with whom I am personally oequalnted• oho, being by me duly sw,xn, oatd that he resides at..... ~4S.R....wo.F0s,..'tSMg1I. that he is A04440 ,&c;T0AA:KY .,,,,,,.of The Millen Mutual Fire Insurance Company of Texas, the corporation described In and which exeeoted the foregoing Insirumenti that he knows the corporate seal of said Compony; that the goal afflted to said instrument Is such corporate seal; that It was to affrsed by order of the Board of Directors of Bald Company: and that he signed his name thereto a+. 0111Aent,,,$lfct 4ry ,,,,..of sold Company by like utnhority, aGtla' %1*41Le.......... Fieldan 1'rarlle Hoary public MY Commission ExPfires............ 1uxttL,.1,..,14b7.........., STATE OF TEXAS ss.t COUNTY OF TAKRANT 1, . 4 lr. 1401w ,Ag.6!taflt..... .Secretnry of The Minks Mutual Fire Insurance Compony of Tests, do hereby certify that at above and 'ggooing Is a true and correct copy of a ppoowwif of attorney executed by sold The Millers Mutual Fire Insurance Company of T900. which Is still in full force and effect. #u itnree 3~(~erRni, I have signed this cerdfktol)l Fort W It. Teats, Ibis...`.. .......Alt.., Jay of-......... Qdtobtir..... i x+!kJd!!y , . , ~ Secrefo Robart 2a Coilat a Agiiitltt ry 4. kt„aloof Nir, F , Tha Millar M~.ztual ' 96 c%K"(4~ V mpa "y OR TIRAa Nom. OFFICE . too momeal . F1. Wo EEm E. 141101/ LICENSE AND PERMIT BOND KNOW ALL MEN BY THESE PRESENTS: That we, Cerc-id David Lnuo- An individual dnine•httAinass as Loyola Studirl , of Oklahoma City , State of 0111muama , as Principal, and THE KILLERS K MAL FIRE INSUMNdE 00HPANY OF TEXAS, a corporation duly licensed to do business in the State of Texas , as Surety, are held and firmly bound unto the City of Dent(n _ , State of Texas . in the penal sum of One Thousand and No/100 - - - - - - - - - - - - 11100.00 ) DOLLARS, lawful money of the United States, to be paid to the said municipality, for which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors or assigns, jointl; and severally, by these presents. TFM CONDITION OF THE ABOVE OBLIGATION :S SUCS, That Whereas, the said Principal has been licensed as Photoaaeher by said municipality within said municipality, NOW THEREFORE, if the said Principal shall faithfully perform the duties and in all things comply with the ordinances of the said municipality, apper- taining to the license or permit applied for, then this obligation to be void, otherwise to-remain in full force and effect for the period from Oct 28 , 1966 to Octobar__27_ , 1967-, unless renewed by Continuation Certificate. This bond may be terminated at any time by the Surety upon sending notice in writing, by registered mail, to the clerk of the municipality with whom this bond is filed and to the Principal, addressed to them at the municipality named herain, and at the expiration of thirty (30) days from the mailing of said notice, this bond shall ipso facto terminate and the Surety shall thereupon be relieved from any liability for any acts or omissions of the Principal subsequent to said date. Datad this 31st. _ day of October , 19 66 Gerald David Lowe, in individual doing business al Lowod'# Studio Principa Z'6~a' & ey F Counters i8 d THE KILLERS MUTUAL FIRE INSURANCE COMPANY OF TEXAS Q1/3 4n, 1!y By Resident n ,Y. b, Fry, A toroey• n 'set I 1Mbiis•2606 i l O a C O 1 Y PIC r r ' r it. t r ws . r , 3 .yr . ry'. o I " !S 1A 3y r , £ ~~t c _ t c w 1 + x ~ + =e•~' 1# ~ ' ' ~e J VCnr k a' Rb Yi' a PETITION FOR CHANGE IN ZONING CLASSIFICATION TO THE HONORABLE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: I/WE, the undersigned, owner (s) of all of the property herein described, do hereby file this, my/our petition, asking that the zoning classification of the said property be changed from the Residential District to the Light Industrial^ District under the provisions of Chapter 13, Parts II and III of the Code of Ocdlnances of the City of Denton, Texas. The said property is located on next to Acme Brick Co. Street and is more particularly describes follows: First Tract: Liw A ,~~s rCco ' /r ° S ' - - a Beginning at the most' We§terly Nor West corner of the Hobson property the City of Denton, Texas; Thence: East 560 Peet, Thence: South 780 feet, Thencet East 740 feet, Thence: South 3376 feet, Thenoes West 1300 feet, Thencet North 27 feet, Thence: East 600 feet, Thencet r North 1100 feet, Thenoes East 90 feet, Thence: North 1500 Peet, Thenoes West 1090 feet, Thence North 1329 feet to place of beginning, being 56.8 acres more or less.!, Second Tracts Beginning 'Wthe most Westerly Northwest corner of the property owned by 104" MoClain, at al adjoining Acme Brick Company property in the City of Denton, Texa>>, Thencet East 208 feet, Thence South 1014 feet, Thenaet West 208 feet, Thencet North 104 fset to place of beginning, tieing •5 sores more or lees. + y~z33 st Alcor-w OYoo,r ` Proposed development plans are/are not submitted herewith. Explanation, fifany, Mining 01ay. Maps attached. , 1/WE herewith tender the filing fee of Thirty-f a Dollar ($3 .00) ;s 4V J* Mee.. V i r.+' 1 1 i, .I1 r l 41, 1 1 Ao AN A, j NO . old AN ORDINANCE SEVERING THE TRACTS DESCRIBED IN ZONING ORDINANCE NO. 65-44 TO LIMIT THE CONDITION DESCRIBED THEREIN TO APPLY ONLY TO THE GLEN R. WILKINSON, ET UX, TRACT AND TO REMOVE CITY LOT 5, BLOCK 4071 FROM THE BURDEN OF SUCH CONDITION; AND DE- CLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That the condition imposed by Ordinance No. 65-44, changing the zoning classification of City Lot 5,G and 7 of City Block 4071 as shown on the official plat of the City of Denton on file in the office of the City Tax Assessor is hereby removed as same applies to said Lot 5, but is expressly retained as a condition to the zoning of said Lots 6 and 7. SECTION II. That this ordinance shall be in full force and effect immediately after its passage and approval. PASSED AND APPROVED this 22nd day of November, A. D. 1966. W rren Whit Ron, i7r., Mayor City of Denton, Texas ATTE k t g o Holt, City S oretary City of Denton, Texas APPROVED AS TO LEGAL FORNs d Q.` Rart6tf City Attornty y of Denton, T'escaa .P= ' Mfr 1.. l ~Vyn ~r c'1 E } :n CeF.~ P~ 1, k.•µ `,.Gtr \iryy . ~r 1 r ~ F 8 , ~ { ' ~ Y u~ drS : lw: 1 41 6 ~ s m•- r' a Y 'a r ~`x~' ~~1► ~ ~ ~ k ~ ~ , ; ~ Y►'Jr Crr r - 7 Sri . ,fir p J r , t r - v 1 F 1 i, D• t jpr r 'r. `p, ~e~` t ~H. C'~,~j - s r :,1 i 4 yy:.h ~'±ry}' .1 Cep a" , :.7~ qy sb Yfr S ~ r t N ~ rl ThL STATL CF ILK AS a COUNTY OF Li.N'1cN Q TIiIS CuNlk,1CT tND AUhLLPLNT made and c:ntcrcd into on this the 19th clay of Novecnbc r , A. D, 1906, by and be tv.cc n tho Ci ty of Denton, Texas, acting hcrvin by awl through its Mayor, thereunto duly authorized by resolution of the. Governing Body of said City, hereinafter called CITY, and the County of Denton, Texas, actin, herein by and through its County Judge, thereunto duly author.:.ed by resolution of the Commissioners' Court of Denton County, Texas, hereinafter called COUNTY, t11MS51:T11 - ne City and County rrcognizinn the need for coordinated mutual action to prutect life and property, relieve suffering and provide rchabi.litation service:: dt, inn ,u,-i er enemy attack or natural disaster hereby agtcc to Corm a Joint Civil Defense and Disaster organization. The City and County hcrchy ac,rcc that the r -ratio,,a1 con.:ept ' of this Civil Defense orcantzativn sh~%ll 1)4 ;1- rijilowsi 1, The.County Judge and City Mayor shall constitute a council of t%o and shall be responsible for final decisions pertaining to 'Joint City-County problems vhich might arise during periods of declarcd emergency, f 2. The County Commissioners and City Councilmen shall act in advisory capacity to the County Judge and the City Mayor respcctivcIy. 3, 'Jhc County ouclcy( ;,hall be res.ponsihlt, for ;ill decisions pertaining to county problcres only. 4. 'the City Mayor shall hr res.ponsihlc for all decisions pertaining to City problems only. 5. The City a nJ County agree that in order to prevent con- fusion and loss of of:eration;il effrctivcness there must he a single source of <?ircction for all operational elements of this organization. Therefore, it is hcrcby agreed that .n Civil Defense Director and Dcputy Director he ;Aprointcrl by resolution of the County Commissioners' Court and the City Council. b. The Civil Defense Director shall be held responsible for the effective operation of the Civil Defense organization during jointly declared emergencies and is hereby directed to follo,A all instructions of and policJies established by the Civil Defense Council of tuo. The Civil Defense Director shall be the City MAnager , 7, In all matters pcrtainincc to the county only, the Civil Defense Director will follow the directions of the County ludgt. 8, in all matters iertaining to the city only, the Civil Defense Director shall follow the instructions of the City Mayor. PA. The Civil Defense Director shall follow instructions i of the Council of Tvo in all matters pertaining to Joint City County problems. 4F. 3 Fb, koutinc matters vi 11 be handled by the departmrw, concerned. 9. The Civil Defense DcJ'uty Director shall be charted with the same responsit,ilitics ris the Civil Defense Director, but shall have in %c'0itir,n the folloninn reslonsihilities; A. Preparation of an operations plan for approval of the City and the County, phis p]an shall avoid duplication oi..' effort by corihining, v:here ar,,jreeable, simil.-rr city and County functions or required services, 13. Training personnel in required emergency functions. C. Maintenance of records, coordination and administra- tion of all Civil Defense activities during periods %%hen no c roergency c:2xists. D. Location and stocking of adequate emergency shelters <v d updating of the Community Shelicr Plan, ]O. The County and ('ity agrcc that the acts of any person or persons officially assigned Civil Defense or emergency duties by the Director or Deputy Director of Civil Defcnsc and In the execu- tion of the assigned deities during a hcriorl of City-County declared emergency outside the limits of the City, in the case of City employees and inside the limits of thr City, in the case of County employees, shall be considered as the acts of scents of the city or county, as applicable. 110 City and County agree that pursuant to this agreement the recipient of aid Shall b, pecuniarly liable for any loss or damage to, or expense inCUrrrd in connection with aid requested And officially dispatched, Ttie State of Texas or the United States 4 Government - to the cx1crt authorizcc? Ly 5tatt or haceral la%, - may relieve the City or County rcccivinc. the '60 frori any liaiility By rcimbursinr,i tthc ci'N, or county for aid renderc.rl or k?.-\n tes suffered. 12. The City and County acme that the p,crn,ancnt Civil Defense Staff shall consist of a 1)ei•uty Civil Defense Director, an inter- mc-diate Secretary and su other personnel a~z r?esionated by separate agreement. Thcse persons shall he eompcnsater? from a fund contrib- uted to rennrally, and the follot,inn itemiiatir.n shall constitute the operational !r;ule,ct for tho year 1967 for the joint City-County Civil Def-nse and Di.sas'er organization to be funded tt+enty-five per cent by the County, tv.enty-five pcr cent by the City, and fifty per cent by the United States Government: ITEM CITY COUNTY FL,UL1cr1L TOTAL Deputy Director $ 2,500.00 $ 21500.00 $ 50000.00 $ 100000.00 Stenographer 1,000.00 10000.00 20000.00 4,000.00 S11ppIies 125.00 125,00 250.00 500.00 Maintenance 100.00 100.00 200100 400.00 Equipment kental 150.00 150.00 300.00 600,00 Other 450.00 450,00 900.00 l,ti0U.00 TOTALS $ 49325.00 $ 41325.00 $ 60650.00 $ 17,300.00 The pay range for the Deputy Civil Defense Director and for they Civil Defense Stenographer shall be the same as the City of Denton PAy Ranges 24 and 6 respectively. The Civil Defense fund sizall by disbursed by the City and the Deputy Director shall present to the City and County yuarteily reports of all expenditures 30 days after s the last day of cacti nuarter, lloa.cvcr, the city, County and United States Govcrnricnt shall cich pay its i rolortionate share of the annual operating bu(1cct into a special civil Defense Fund to he administered by the City of Denton. It is further agreed chat any and all annual bwlc_.ct surpluses, that are not expended in the Civil Defense Fund, on hand it the unA of a budget year chali be credited upon the succeeding year', budget and shall serve to reduce the proportionate payment obligations of cacti of the parties of this anrccment to th-z full extent of the anount of said year's surplus. 7h.r Joint City-County Civil Defense Director shall on or before ' + . 15t day of July, 1967, awl on on cxfore the 1st day of .;uly of each succcedin(3 year of the life and continua- tion of this contract and norcement prepare anal submit to the City and County a proposed operating budget for the succeeding year, tahich said budget shall not become official or final until approved by the said City and County following the annual public hearing upon each government's annual budget. The City and County shall each pay ''ts proportionate share of each year'" operating budget into said special Civil Defense Fund on or before th:? second Mon- day in January of each year beginning January, 1967. 13. Funding for all items of real property shall be the responsibility of the political entity to vhvm title for the prop- All erty shall Accrue. The Deputy Director shprepare and submit t, 6 All Civil Defense Projcct applicatio,is and shall comply %'.ith all policies and 1ixcctives of the City or County and the Federal Government in the procc,;sino of -.:uch ahplicationr-. 14. This contract shall be and bceomc- effective and opera- tive from .ancl after January 1, 1907, and shall continue from calendar year to cal(n,lar year unless and until terminated as is provided for in the provisions of this paragraph. The City acirces that in the event an (merpcncy Operating Center is constructed in conjunction with a City Ruildira that i in emercencies involving the County only, County officialsshail have use of the L. O. C. facility. It is expressly understood and agreed that, in the execution of this contract and agreement, neither City or County waives, nor shall he deemed hereby to waive, any immunity or defense that would otherwise he available to it against claims arising in the exercise of governmental powers and functions. This contract and agreement shall continue and be in full force and effect until such time as either party hereto, by notice to the other, may terminate the same, such termination to he effec- tive net less than thirty (30) days after th(, diving of such notice. LXi.CUTLD At Denton, Texas, on the day and year first above written. i 11 4 ~ 4, 7 CITY O )I:NTON, T':\:1S I.y:~~~ ' v.arren I-Kitson, Jr. r•iavor ATTEST: Ii ooks Holt, City Secretary COUNTY OF DLNTON, TEXAS By Baldridcc County Judco ATTLST:f Theta Parker, County Clcrk i113I11<OVLD AS TO LLGAI, FCli~3: Ja c Q, Barton, City Attorney ~r flea YT's`' . i ~dV U n + i ~ L JY V N . a I LI;GAF, 1WTHORITY I. The Texas Civil Protection Act of 1?51. (General Responsibility) II. Executive Order No. 7, July 19, 1950 "State Disaster, Relief and Civil Defense Local organizations". A. The Mayor in each incorporated town in this stato will be recognized as the Municipal Defense Coordinator for his jurisdiction. B. The County Judge of each County will be re- cognized as the County Defense Coordinator for the area of the County outside the corporate limits of the Municipalities in the Counties. III. Executive order No. 3, September 10, 1950 "State Disaster Districts". A. Defense and disaster planning on the local level is the respon•iibility of the County Judge for the Coun-.y, and of the Mayor for incorporated citie3 and towns. I i L D s DRAINAGE AND FLOWAGE EASEMENT 9723 THE STA T E OF TEXAS ) { KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON ) That STYLE CREST HOMES, TNC,, for and in consideration of Ten Dollars and other good and valuable consideration to it in hand paid by the City of Denton, Texas, a Municipal Corporation, cbw hereby grant and convey -into the City 3f Denton, Texas, an Easement for the purpose of drainage of water over and across the following described property; All teat certain 0. 52 acre tract or parcel of land lying and being situated in the M. Yoachum Survey, Abstract No. 1442, Denton County, Texas, and within the limits of the City of Denton, Texas, said tract being more particularly described as follows: BEGINNING, for the northeast corner of this, at a point in the west right of way line of State Highway Loop 288, said point being C deg. 29' west 925. 43 feet from the northeast corner of said M. Yoachum Survey, Abstract No. 1442; THENCE 91 deg. 291 west 60. 00 feet with the east lineof this and with the west line of said highway Loop 288 to a point for the southeast corner of this; THENCE North 89 deg. 00' west 376, 67 feet with the south line of this to a point for the southwest corner of this, said point also being in the east boundary line of Cardinal Drive; THENCE North 1 deg. 001 east 60. 00 feet with the east line of Cardinal Drive and with the west line of this to a point for the northwest corner of this; THENCE South 89 deg. 00' east 377, 17 feet with the north line of t this to the point of beginning and containing herein 0, 52 of an acre of land In adaltift to the easement for the drainage of water, the City of Denton is further granted the right to install, maintain and construct such structures in, on and along 66 above, described property which it may deem necessary and reasonable. TO HAVE AND TO HOLD unto the City of Denton, its successors ° ~w y ,f t y y , ~N p t Y r lie, • s ` 4L kp~~ and assigns forever. EXECUTED this oZ/~ day of November, A. D. 1966. STY O S, a i i ~ 10 Attest: By: 1 / ' H G. Wilson, President Secretary THE STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, a Notary Public, in and for said County, Texas, on this day personally appeared EIOY•r G. WILSON, President of Style Crest Homes, Inc., a corporation, known to me to be the person whose name is subscribed to the foregoing instru- ment and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GWEN UNDER MY HAND AND SEAT. OF OFFICE, This "~tay,of November, A. D. 1966. _ p Cd- -sy Notary Public, h `.,County, Texas `LL Ali .`,F :7 C • y,' r i 2 g i s f ' e•f r a ~y~~'Er . s ,y r:`,i e4~ ~J ~.a E•'iii~,N♦ w~ d .y . ~`,ix rn 7 t,' v X r . ,f r ' M YY° 3 d { /~t 1 F l ~ ~ { F I~ i ~i rr r - i. r y .S F t , s ~ ~~d f s r Cn ..t v +e' ~+ti n>I s I~ d r 1 ~ 1 tl dl Y S 11' 1 , 1. y tsP 4 A f" Yif ,f+ r M ~ -vR[ I T 4 • [ I rF K' ~ 5., t 1 ? RTIFI~CAa. ~tCOAD c, tk~>~®rr 4' r re• P 'I ~ x ~ C11f a Couek'1 CdUfl fb iN~ fd~ ldtd Cailh~ b F ~bt1 Of Trxts Tk! TA p1RK:~1[ + Apr h~ R Wa1 q~ } of fYaMOA t~:rt 11o' 'Y Aj. wed it dor-v q Ind d+afdfd r t~4 t i. Vohro ...r4..~'♦'r ilk lift roaar u~'~ dfr/ s~i! yr+r r t , ~1!tf+^sf r +aa' nni s;,' 0! hider at tym4xn, b 1 00 ry oddr~ NOW IN;' trdr'A w 1 I TI, N* idR Al ~AA STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56TH LEGISLATURE, 1959 (Penalty of this bond must be 1009 of contract amount) KNOW ALL MEN BY THESE PRESENTS, THAT, PUBLIC CONSTRUCTION COMPANY (hereinafter called the Principal), as Principal, and S ZT.F.rP INSURANCE COMPANY , a corporation orgatlized and existing under the laws of the State of Texas with its principal office in the City of Dallas , (hereinafter called the Surety), as Surety, are held and firmly bound unto CITY OF DENTONj TEXAS r (hereinafter called the Obligee), in the arnougt o - Five hundred one thousand three hundred twenty four and b5/1 - - - - Dollare 501 4.$5 ) for the payment whereof, the said Principal and Surety bind themselves, anA their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHERRAS, the Principal has entered into a certain written contract with the Obligee dated the 22nd day of November 1966 xt6 for oonstruotion of Tha Street Assessment Program #5 - 1966 which contract is hereby referred to and made a part hereof as fully and to the same extent as If copied at length herein. NOW9 THEREFORE, THIS CONDI ION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be vold; otherwise to remain in full force and effect. j PROVIDED, HOWE% ER, that this bond is executed pursuant to the provisions of Article $160 of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as If it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 22nd&v of November 19 66. PUBFJIC C STR ION COMPANY (SEAL) P.~er 'end Fact TIV l."4 Q*MPAW Attorney in Fact) s. Porter Ellie Farm 141-0708 ='r ELUSO . ro • 20TH FLOOR YoN'E00#10k. bm %DO, ' 0AL LA8,TEXA9 76201 { ll 3 V • STATUTORY PAYK NT BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION, 1959. KNOW ALL K N BY THESE FRESENTS, THAT PUBLIC CONSTRUCTION C014PANY (HEREINAFTER CALLED THE PRINCIPAL(S), AS PRINCIPAL(S), AND _ S ELECT INSURANCE COMPANY (HEREINAFTER CALLEO THE SURETY(S), AS SURETY($), ARE HELD AND FIRMLY BOUND UNTO CITY OF DhNTON, TF3W (HEREINAFTER CALLED THE OBLIGEE, IN THE AMOUNT OF Five hundred one thousand three hundred twenty four and 85/100 DOLLARS ( 501,324.85 FOR THE PAYMENT WHEREOr, THE SAID PRINCIPAL AND SURETY BIND THEMSELVES, AND THEIR HEIRS, ADMINISTRATORS, EXECUTORS, SUCCESSORS AND ASSIGNS, JOINTLY AND SEVERALLY, FIRMLY BY THESC PRESENTSP WHEREAS, THE PRINCIPAL HAS ENTERED INTO A CERTAIN WRITTEN CONTRACT WITH THE OBLIGEE, DATED THE 22nd DAY OF November 19 66 i6~C for oonstruotion of The Street Assessment Program #5 - 1966 WHICH CONTRACT IS HSREBY REfERREO TO AND MADE A PART HEREOF AS FULLY AND TO THE $AMC CXTCNT AS IF COPIED AT LENGTH HEREIN. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, THAT IF THE SAID PRINCIPAL SHALL PAY ALL CLAIMANTS SUPPLYING LABOR AND MATERIAL TO 41M OR A SUBCONTRACTOR IN THC PROSECUTION Or THE WORK PROVIDEr FOR IN SAID CONTRACT, THEN, THIS OBLIGATION SHALL BE VOID; OTHERWISE TO REMAIN IN FULL FORCE AND EFFECT; PROVIDED, HOWEVER, THAT HIS BOND 13 EXECUTED PURSUANT TO THE PROVISIONS or ARTICLE 5160 OF THE RCVIlED CIVIL STATUTES OF TEXAS AS AMENDCO BY ACTS Or THE 56ia LEGISLATURE, REGULAR SESSION, 19590 AND ALL LIABILITIES ON THIS BONO SHALL BC DETERMINED IN ACCOROANCC WITH THE PROVI3IONS OF SAID ARTICLE TO THE SANE EXTENT AS !r IT WERE COPICO AT LENGTH HCRCIN. IN W1TN1'SS.MiEREOF0 THE SAID PRINCIPAL(S) AND SURETY(S) HAVE SIONCO yAK AND SCALED THIS INSTRUMENT THIS 22nd DAY or November 19 66 ~r e . >rU=c aoNsTRvarxoN co"Arn . 4 (PRINCIP „peilner wd Ait'y In Ad FIV (PA I NC I PA~L/ (PRINvIPAL) ELLIS, SMITH & CC) aM& IxSUW019 COMPAW y 20TH FLOO41 TowtR PETROMN OLD0. C TE SURET ~ DALLAS, TEXAS 7620,1 9Y ` ".waL AtfORNtY•IN•FACt ` • x ii i-Z POWER OF ATTORNEY •ta►, at KNOU ALL f,IEtl BY TYESE PB:SEtiTS: ` , Cry e r Thai SELECT IIISURAIiCS C02IPA11Y, DALLAS, TEXAS a torporation of the State of Texas, hereinafter called Company, does hereby appoint PORTER ELLIS OR UILLARD CROTTY OR JAbLRS If. POWERS OR RUDOLPH NORRIS OR GLADYS EASLEY) DALLAS, TEXAS It, true and lawful Attorney-m-fact to make, twule, seal and deliver on its behalf, as surety, any and all bonds and undertal:inCs of Suretyship. The execution of such bcrds or undertakins in pursuance of these p;asents shatl be as binding upon the Company as if they had bean executed and acknoaLdgtd by the regularly elected officers of the Company. This Poster of Atlomey is issued pursnart to and by authority of the follav,ing resolution of the Board of Directors of the Company, adopted effective SeplemPer 29, 1961, aid now it full force and effect.' "Resolved that L4e President or any Yce President or any Sacrrtary may appoint Attorneys la-tact in any Stale, larritory or Federal District to represent this company and to act on its b+half wrtirin tie sec e of the authority granted to them In writing, which aAhorRy pray Incrude the poser to mate, exeeu!e, scat and le iver on behalf of this Compary as surety, and is its act and eced any e.,d an, bones and unesrta;r ;a of v:rdtyship and other eecuments that the ordinary course of surety business may r.~uirr, in:fudirg authority to appoint s,enls for the se:v!ce of process in try jurisdiction, Stave or Federal and authority to attest to Ihd signature of the Praideol or any Yice Pres;dert or any Secretary and to eerily a j or other ata:ement relating to the foregoirg, and to certify to a copy of any of the byhns of the Company and In try re=otranas adopted by its €oard of Oireclors; end any such Attorney-In-fact may be removed and the aAaflty granted hlm revoked by the President or any vice President or any secretary or by the Board of Vreclors." In tritness tybereof, the Company has Caused this Po{rer of Atlorn,y to Aa signed and its Corporate seal to be tffixrd by its eutiorizel of!'iw-111' 28TH dsy CI JUNE 19 66. Atlpst Ra W# UYAY"'~S RETARY Q ' J CHAU J. 21. CHASE, ASST. VICE PRESIDENT STATE Of TEXAS s Cowin OF DALLAS es: On lhrs 2811.4 day or JU T:') 19 66, before me a Notary Pub;-it of the State and County aGrenid, resd;ng therein, euly townisstoned and scorn, pers:naly came the aaove named oincer or the Cerrpsny, who fern, .a m: first euly scorn e:co•ding to taK, Crd dspsss and a that ha u spat alrear of the Csmpaay descrited In and 0;ch executed the forsl6ng instrument; that he kn:ns Lee seal or tha Company that ti., seal affixed to sucb instrument rs the corporate Seal of the Company; and that Iha corpxate seaT and his signature as each ofnca> were affixes and s rbscribed is the said Instru- roem by the eulhorih and direction of the Company. tSEAU t I30DillST33 E. BRkCX"',i;a h'olsgMR My commfscton upfras the 1ST day al JULIE 1957 . CEIlTIEIDATE le the undersflned, do hereby certify that the on iral Poeier of Aftorrey of v4lich the fore;,oing is a true and correct copy Is In full fierce end effecte'tAd the fDrejcing :esotution is. B true end cornet transcript from the records of She Compr.ny, end that tho ebva named offider was on the crate oI execution of the foregoinS Poser of Aliornel authorized to execute this Power of Attorney. to witness 4rhtrcof, I her, a baretmto subscri'red ny name end affixed th con or ale seat of the Company !his 22nd eey .r of November 19 66 s ^ PSIAU r s L.~" \vt~ ~c`.a~ t r{ l R'da WYA 'fly CRUARY term to golf to Iq a,~ r c ~a ~ ~ ~ ~ ~ ' a S \x Y, 1 r~~ • + , ~ ti~'.1 or SINGLE ACKNOWLEDGEMENT STATE CF TEXAS COUNTY OF DENTON BEFORE ME, the undersigned authority, in and for said rt6Gnty, Texas, on this day personally appeared ROBERT A. NICHOLS, known to me to be the person whose name is subscribed to the i .,foregoing instrument, and acknowledged to me that he exe~ited the me. for the purpo-es and ccnsideration therein exprF::sed. GIVEN UNDER MY HAND AND ST.AI- OF OFFICE, Th±s loth day of September, 1.$ f 6 . ''ot7iry Public, Denton County, Texas. ~Ir1GLF; ACKNOY;L.EUGEMBP;T THE STATE OF TEXAS C COUNTY OF 'hNTOA' 0 in and for said BEFORE ME, the undersigned authority, C,aun, Texas, nn this day personally appeared ROBERT A. NICHOLS, -L. ARMSTRONG, Trustees of the Cynthia ' ;T''I,E M. NICHUh.~, and L. Nichols Memorial I-vast, known to we Lo bu the persono whose names are subscribed to th9 foregoing instrument, a,d each acknowledged to,me thi; he executed the same for the purposes and consideration hatein expressed, and in the capacities therei 5t ed, EN UNDER. MY HAND AND SEAL OF OFFICE, 'S Say of September, ,,;1966. Notar u lc, enton Co may, Texas. CORPOPATS ACKNOWLEDGEMENT THE STATE 0:' COUNTY OF TU~ ~ BEFORE ME, the undersigned authority, on this day personally appeared W. C.-Bickel yice_President of Gulf Oil Corporation, knawn to me to e t e person w ose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated, an the "t,*hdodeed of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This daq ~S`aJ i 1966. MY CoomdWH Expirij Jana 11, 1961 1o ary Public, MAINTENFNCE BCND (No. 18 S 49,217BC) INOW AI.T. 11N BY THESE PRESENTS: That,, CLAUDE H. SHITH. ROUTE 1._KRUti, TEXAS __r,(,hersirafter called the Principal) as Principal, and THE ETNA CASUALTY AND SURETY CC14PANY, a corporation organized and existing under the laze of the State of Connecticut with its rrircip.►1 office in the City of Hartford, Cor;,ecticut (hereinafter called the Surety), as Surety, are held and firmly bound vato CITY OF DENTON, jENTON, TEXAS (hereinafter called the Obligee), In the dust and full sum of _ - - - - - - - - SIXTEEN HUNDRED EI(HTY AM N01100 - - - - - (a1,f•04} - Dollare, to the payment of which sum, we7.1 and truly to be made, the said Princi- pal and Surety bind themselves, and their respective heire, administrators, ex- scutore, suceeesora and assigned jointly and severally, firmly by these presents. WHEWS, the Principal has entered into a certain written contract with the Obligee, dated the 15th day of Amt , 1965 acs for In- proymenta on Kagaolia Street, and parts of Beaumont Street, Mesquite Street and Bolivar Street, in the City of Denton, Texaei Headlee Add..tion. wHERM, said contract requires said Principal to indemnify the Cbligee against E defective materials and workmanship fors period of One Year from the final payment under said contract. Mf THUY20PAj The Condition of this Obligation is such, that it the said Prinoi- ppaal shall fully indemnify the Cbligee for any lose Le (they, it) may suffer through the failure of the Principal faithfully to observe ani perform each and every ob- ligition and duty imposed upon the Principal by the s&W ki.'.ntenince rantee, then this obligation to be Voidl otherwise to remain in full :-rte and virtue in 1qW~' r Provided, ttCi&VERj it shall be a condition precedent to any right of rooevery here- under, that in event of w default on the part of the Principal, a itten state- "At of the particular facts showing the date and nature of ouch defwrault tna11 be lmfnediateiy delivered to the Surety by registered mail at its,Home Offico in the CiEy of Hartford, ConnsetitUt, AND PROVIDED FURTHER, that.nd actions auit.or pmceiding shall be hid ok maintained against the Surety on this inatrument unless the same be brought oi- lituted and Woos `served upon the Surety within three months after the expiration of such iritenande period. IN WITNESS THEREOF', the said Principal AM Surety have eignad and sealed this instrument this 14% day rr 11b11EMBER ' 19664 Principai} c BY CLA T tuft Sn7AW I BY 1 JOta! Rd B s ttderser-ln- aa„ Mines 7g The ailEtna Casualty and Surety Company Hartford, Connecticut 06115 Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact I KNOW ALL MEN BY THESE PRESENTS, THAT The One Cainaky and Sorely Company, a corporation duly organ :,A uadet e.- laws of the Sate of Connecticut . nd having its principal office in the City of Hartford, County of Hartford, State of Connecticut, bath made, constituted sod appointed, and does by these presents make, camtirute sad appoint E. Fagene Rupert, John ii, Stockton or John W. Welch * Of Dallas, Texas , its true and lawful Attorney (a). with full power And authority hereby conferred to sign, execute and acknowledge, At any place within the United States, or, if the following line be filled in, within the area there designate. , the following instrumtoc (a) i by his sole signature And act, any anf all bonds, tecognizonces, contracts of indemnity, and other writings obligatory in the nature of a boad, recog- nizance, or conditional undertaking, and any and all consents incident thereto and to bind The Mm Cnsialry and Sorely Company, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of The diva CarraJry and Sway Company, and all th acts of said Attotney(s), pursuant to the authority herein given, are hereby ratified and con- firmed. This appointment is made under and by authority of the following provisions of the By-laws of the Company which provision.. are now in full force and effect and are the only oppliabh provisions of said By-laws. ARTICLE IV-Section 8. The President, my Vice I stsident or an Secretary may from time to time appoint Resident Via Presidents, Resident Auisunt Secre. tules, Attorneys-In-Farce and Aggeents to see for and on behalf of the Company and may give any such appointee such authority m his certificate of authority may prescribe to sign with the Company's naive and seal with the Company's seal bonds, remgnizances, contract of Indemnity, sod oth t writings obligatory in the nature of a bond, recogniranre, or conditional undertaking, and any of said officers or the Board of Directors may At any time remove any such sp. pountee and tevoke the Power and +rity given him. ARTICLE IV-Section 10. Any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undettaking shill be valid and biadiog upon the Company when ((a ) signed by the President or a Vice President or by a Resident Via Presl ;ent, pursuant to the power prescribed In the cerdfick' f authority of such Rts1kcit Vice President, and dull attested and tried with the Company's seal by s Seat" Of Astistant Secretary or by it Resident Assistant Secretary, pursuant to the power prescribed In the certificate of authority of such Resident Assistant Secretary; or (b) d~fteyxecuted (under sal, if required) by one or more Attorneysdn-Fact pursuant to the power ptesetibed in his or their certificate or cernficam of au. This Power of An-ncy and Certificate of Authority Is signed and sealed by fsaimile under and by authority of the following Resolution voted ly the Batd of Directors of 7«r Xim Carally oed Sway Company at a meeting duly ailed and held on the 18th day of December, 1964. RESOLVED: That tht signature of Guy E Mann, Senior Vice President, or of A. H. Anderson, Vice President, or of D. N. Gage, Secretary, or of C. X Shaw, Secretary or cl N. H. Phds9el setretary, and the seal of the Company may bt affixed by fsa;mile to any power of attorney or to any cemficate relating thereto appolating Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-la-Fact for purposes only of executing And attesting bonds and under taldnp am h other wrkinggs obligatory in the nature thereof, and any such power of attorney of certif rate bearing such facsimile signature or Isaimile seal shall be valid And landing upon M Company and any such power to executed and certified by such facsimile signature and facsimile real shall be valid and binding upon the company t~ the ktrure with respect to any bond or undertaking to whi-h it L attached. IN WITNESS WHEREOF, The A3rew Carralry and Sorely Company has caused these presents to be signed by its Secretary , and its corporate seat to be hereto s@ix,d, this 31st day c! October , A. 19 66. The Etna Casualty and Surety Company J 1 4 f L~ Sate of Connecticut I "ail;"' • B County of Hardord ss Ilanfoed `Sr..s..,+~ ecru 8 On this 318t day of October , AT , 19 66 , before me personally came D. N. GAGE s so me known, wtxk being by me duly sworn, did depose and my; that he Is Secretary of The AWo Caiwby aid Srrery Company, the corporation described in and which executed the a'sove imtrument At Its Y.ome-Office; that he knows the lea) of uld corporation; that the sal a114rted to the Asia instrument Is such corporate seal; and that he executed the acid Instrument on behalf of the oorporstton by, itutbotity of hls office under the By-laws thereof. t ' Nofar rM MI tMalssioa expires March y1, a970. CERTIFICATE 1, the undtssigned, Secretary of The Am Ca mPy and Swray Company, a stock ootpoyatloa a& States of Connecucw DO MEBY CERTIFY due the foregoing and attached Power of Attorney and Certificate of Authority remains to full force god hiss not been revoked; and furiberraore, that Article IV.-Secdona 8 sod 10, of the Sy-laws of the Company, and the Resolution of the latflyd of Dleeetoh, all set Mirth in elfe Cerdfsate of Authority, tae now In force. SWW sod Sesl d to the Home 06tce of the Company, In the City of FlArdord, Sate of Connecticut. Dated this 16th dsr of UOVl7tf ER AAs o 66a a1K/Na. wawa, 3eOretBry ft-1flil-N lap"!M r • I ~7" V I ,a, . , . . q ce~ V ASSIGNMENT OF EASEUENT OF RIGHT-OF-PLAY 9920 TP&L PILE NO. E-4962 THE STATE OF TEXAS ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON ) That TEXAS POWER & LIGHT COMPANY, a Texas corporation, of Dallas County, Texas, for and in consideration of Ten Dollars ($10,00) and other good and valuable consideration to it in hand paid, hereby grants, sells, conveys and assigns unto the Cfty of Denton, a municipal corporation of Denton County, Texas, all of grantor's rights in, to and under that one certain easement of right-of-way dated April 22, 1930 of record in Volume 230, page 64, Deed Records of Denton County, Texas, executed by Mrs. Edna D. Martin and husband, E. N. Martin in favor of Texas Power & Light Company and covering the property and rights in Denton County, Texas, as in said easement described; together with all grantor's lines, poles, guys and other tangible properties erected upon and in accordance with said right-of-way; save and except, however onepole (and the rights-of-way therefor) hereto8 fore conveyed by Texas Power & Light Company to General Telephone Company of the Southwest by instrument dated March 10, 1986, whieh conveyance covers in all three poles and the rights-of-way therefor, TO HAVE AND TO HOLD the above described properties and rights unto said City of Denton, its successors and assigns, but without warranties of title or other warranties of any kind. $XSCUTED at Dallas Texas this '/day of November, 1966, r TEXAS POW L GHT COMPANY BY, Chia. 11. Wooldridge, ee Pree4dent ' yea y ' ~l'!t8 BTA'CE OF TEXAS ) COUNTY OF DALLAS 6>;FORl M8, the undersigned, a Notary Public in and for said County OW State, on this day personally. appeared C Vice President, known 0 me 0 e` the rson .•'~1.. 'ae whose name is subscribed to th• foregoing ini~trureat 'and ~AkiiVledjed to that the aa■e was the sot of the said TEXAS POMXR .~i Ll#$T-_.CO"ANj,' a' corporation, and that he executed the sage as°the y` ho'~t of. wcb oorporatian for the /Nrposea and consideration therein + ti.6c'esr:d, and T. the caggaoity thhergin st►ted .,'61rt~f t11m81t MY BAND AND S1AL OF 0101PIC$this day of November, 1906, (or JLL 0M as 7r lit' c ■ am q gndM,... r'tleV 9V v 0'oJ uotua0 'Ln03 RiunoO Dip 3o xJgO 1fxe1 yq>trroe dJaNl 9040 OSMVA te„ . •u;;iiJM ene,Ce isel Jsax Fue hep aul 'saxoa 'uciueG to NIi~O 10 e .i M ....wA 1•r..l 'uolu ;0 10 s; a?V' JO R^' YES NDJO''M1 Ri~D p'Je O4i if.... 11 CG' • a AEI o_S iJ0 i1 J0~ Df~~ ~.Ix• y --'a/'~l',1%~ 54 ~ a :i o 14TA4 OD k(.xl;, atnJ,tu Suc.~aC) i i ~Yq 1 u- OG .'.48.1101 {o!?. Y~r: ; Val s til e', Stu 1 !x : ~,uiuca ic 44000 SfM f WOO 4unoJ 94i 10 %J013 'b3Ydt'd Vi Sit 'I 14x~1 +0 0114 041 puno0 ROS At Pu 0!10038 d0 31,13w 830 , l :ks fQ?~ rr 44 A W .