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HomeMy WebLinkAbout02-1977 j RUA~y 197 CITY OF DENTON TO: FROM ~f~/CE1GZ- DEPT: DATE : 2. 9- FOR YOUR REVIEW PLEASE TAKE tPPROPRIATE ACTION FOR YOUR INFORMATION PLEASE PRE"ARE DRAFT OF REPLY FOR COMMENT & RECOMMENDATION _ FLEASE REPLY ON MY BEHALF EASE DISCUSS WITH ME PLEASE RETURN , REMARKS: ---JllitLs-U C: . W -vim; M NOTICE OF CANCELLATION OF BOND PY SURETY City of Denton City Secretfiry Denton, Texas Bond No: M 34 75 Principal: Ryan Heating & Air Conditioning Obligee: Cit;+ of Denton, Tx. Type: Conduct a heating & air conditioning installation business Amount: `x10000.00 The undersigned company, as Surety, hereby notifies you that Its above described bond Is I hereby vancelfed effective ten days from receipt hereof anf, that as said Surety it shall riot be responsible for any acts or defaults committed or Inss occurring after said date. Gated this 23rd day of February 19 7$_, Gulf Insurance Company By' ^ arsh Crossland Atto nr A~InTie! cc: Ramey, King & Minnis Ins. Agency Denton, Texas 105914 (10-74) r~ 1 - 1 I THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON X DEED RECORDI 2591 That JOHN G. MAXWELL, JR., AND WIFE, VIRGINIA V. MAXWELL of i Denton County, Texas, in consideration of the sum of One Dollar ($1,00) 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 the City of Denton, Texas, the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the fol- lowing described property owned by us and being situated in the County of Denton, State of Texas and more particularly described as follows: 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 Alexander Hill Survey, Abstract No. 623 and also being part of two tracts of land, hereinafter referred to as Tract One and Tract Two, Tract One being conveyed from Oates D. Inman and wife, Estelle Inman to John 0, Maxwell, Jr., and wife, Virginia V. Maxwell by deed dated June 11, 1974 and re- corded in Volume 711, Page 176 of the Deed Records of Denton County, Texas, Tract Two being conveyed by Oates D. Inman and wife, Estelle Inman to John 0, Maxwell, Jr., and wife, Virginia V. Maxwell by deed dated June 11, 1974 and recorded in Volume 711, Page 180 of the Deed Records of Denton County, Texas and being more particularly described as follows: BEGINNING at the northwest corner of said Tract One, said place of beginning also being the northeast corner of a tract of land as conveyed from John Morrison, et ux, to Leon M. McNatt b deed dated January 2, 1969, and recorded in Volume 277, Page 174 of the Deed Records of Denton County, Texas; THENCE south 890 28' 42" east along the north boundary line of said Tract One, passing at 15,0 feet the northeast corner of said Tract One, same being the northwest corner of said Tract Two, and continuing south 89° 28' 42" east a total distance of 223,71 feet to a point for a corner, name being the northeast corner of said Tract Two; THENCE south 00 24" west along the east boundary line of said Tract Two a distance of 195,72 feet to a point for a corner same being the southeast corner of said Tract Two; THENCE south 87° 470 10" west along the south boundary line of said Tract Two a distance of 16,02 feet to a point for a corner; THENCE north 00 24' east 16,0 feet west of and parallel to the east boundary line of said Traot Two a distance of 180,48 feet to a point for a corner; THENCE north 890 28' 42" west 16,0 feet south of tnd parallel to the north boundary line of said Tract Two and said Tract One a distance of 207,71 feet to a point for a corner in the west boun- dary line of said Tract One; Von 873 . 893 ► VU 8 73 ma 894 THENCE north 00 24, east along the west boundary line of said Tract One a distance of 16.00 feet to the place of beginning and contain- ing 6,462.59 square feet of land, more or less. And it is further agreed that the said City of Denton, Texas in consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstru- ctions as may now be found upon said property. For the purpose of constructing, installing, repairing and per- petually maijltaining public utilities, in, along, upon and across said premises, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen and represen- tatives having ingress, egress, and regress in, along, upon and across said premises for the purpose of making additions to, improve- ments on and repairs to the said public utilities or any part there- of. TO HAVE AND TO HOLD unto the said City of Denton as afnresaid for the purposes aforesaid the premises above described. WITNESS our hand this the day of January, A. D. 1978. w 1/ / 1 w / VIRGLYIA V. THE STATE OF TEXAS X COUNTY OF DENTON BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared JOHN G. MAXWELL, JR., AND VIRGINIA V, MAXWELL, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same foi the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This the -day of January, A. D. 1978. 1 NOTARY PUBLIVIN AND FOr_ DENTON COU , TEXAS ~ r,e .s Ali BASEMENT - PAGE TWO r ' ,f7id 1 Cry i I 99 Q t C7 z 1 Oll (`t1 Y n ~4L N ' f 'Z V J ' u ~ $ 895 1 y Y_ F . t ' i . f~_.. u ~ ~Jt Eli POWER OF ATTORNEY UNITED STAIES FIRE INSURANCE COMPANY PRINCIPAL OFFICE, NEW PORK, N.Y. KNOW ALL MEN BY THESE PRESENTS: That UNITED STATES FIRE INSURANCE COMPANY ("Company" ),a cor- poration duty organized and existing under the laws of the State of New York, and having its administrative offices In the Townshlp of Morris, State of New Jersey, has made, constituted and appointed, and does by these presents make, con- stitute andzppoint Joe Bruce, Janice G. Correy, Robert Cobb, H. A. Oibscn, Robert D. White of Dallas, Texas, each its true and lawful Agent(s) and Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver:Any and all bonds and - undertakings Except bonds on behalf of Independent Executors, Community Survivors, Community Guardians--------------------------------------------- and to bind the Comp-iry thereby as fully and to the same extent as if such bonds had been duly executed and acknow- ledged by the regularly elected officers of the Company at its principal or administrative offices in their own proper persons. This Power of Attorney limits the act of those named therein to the bonds and undertakings speci ically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated. This Power of Attorney revokes all previous powers issued in behalf of the attorney(syin-fact named above. IN WITNESS WHEREOF United States Fire insurance Company has caused these presents to be signed and attested by its appropriate officer end its corporate seal hereunto affixed this 23 r d day of February 19 77 Attest: UNITED STATES FIRE INSURANCE CONI PANY Assistant S cretar 'ce reside nt Richard A. Annese Harry F. Bott STATEOFNEWJERSEY) ss COUNTY OF MORRIS ) On this 23rd day of February 19. 77 , before the subscriber, a duly qualified Notary Public of the State of New Jersey, came the above-mentioned Vice President and Assistant Secretary of Urilted States Fite Insurance Company, to me personally known to be the officers described In, and who executed Instrument, and they acknowledged the execution of the same, and being by me duly sworn, de- pol tkYdRh are the officers of said Company aforesaid, and that the seal affixed to the preceding Instrument rporate Sea Er1 Company, and the sail Corporate Seal and their signatures as officers were duly affixed and beA0TNq aid rt'~lYi ent by the authority and direction of the said Company. '*EST Nam WtiE F. ave hereunto set my hand and affixed my seal at the Town;' ie of Morris. the anQ year aiiov ritten~~THONY P. KOCH N Fi` NOTARY PUBLIC OF NEW JERSEY / (Sig A %GDOWNUM xplfill Mar,6,197~ (Seal) N ar Pu lic This Power of Attorney is granted pursuant to Article IV of tht By-Laws of UNITED STAY ES FIRE INSURANCE COM• PANY as now, in full force and effect and which provides as follows'. ARTICLE IV., Execution of Instruments; "The Chairman of the Board, Vice-Chairman of the Board, President, or any Vice- President, in conjunction with the Secretary, or any Secretary, if more than one shall be appointed by the Board, or an Assistant Secretary, sha~l have power on behalf of the Corporation: (a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees undertakings, recognizances, powers of attorney or revocations of any paver; of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases, satisfactions and agency agreements; (b) to appoint, In writing, one or more persons for any or all of she purposes mentioned in the preceding paragraph (a), including affixing the seal of the Corporation." This Power of Attorney is signed and sealed under and by the authority of Article Ili, Section 9 of the By-Laws of the UNITED STATES FIRE INSURANCE COMPANY as now in full force and effect and which provides as follows ARTICLE Ill., Section 9. Facsimile Signatures: "The signature of any officer authorized by the Corporation to sign any bonds, guarantees, undertakings, tecognizances, stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed facsimile, lithographed, or otherwise produced, . , . The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation, notwithstanding the fact that he may have ceased to be such at the time when such instmments shall be issued," CERTIFICATE Sate of New Jersey County of Morris 1, the undersigned, Assistanr Secretary of UNITED STATES FIRE INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing POWER OF ATTORNEY remains in full force and effect and has not been revoked and furthermore that the above quoted abstracts of Article IV. and Article Ill., Section 9. of the By Laws of the Company ate now in full force and effect. In Testimony Whereof, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this Sth day of October 19 Militant Setratarr Frieda L. Belle. FM 403.0.131 17.7W ,1 r C I T Y O F D E N T 0 N T A X A D J U S T M E N T S F02 THE MONTH OF' FEBRUARY 1977 Personal Property Automobiles $ 1,979.78 Real Estate 1.235.13 $ 3,214.91 Hugh Mixon Tax Assessor-Collector City of Denton, Texas 1 C I T. Y O F D E N T 0 N T A X A D,j U S T M E N T S VOR THE MONTH FEBRUARY 1977 PERSONAL PROPERTY NAME ACCOUNT TAX TAX REASON MIBER YFAR Kevin Adkisson 9999-00410 1976 $ 26.70 Non-Resident Arendale Leasing Inc. 9999-01285 1976 32,04 " it " 9999-01290 1976 28.83 " „ 9999-01295 1976 28.83 " " 5999-01300 1976 29.54 Argon Corp, )999-01335 1976 36.04 " Auto Lease Co, of TX,Inc.9999-01800 1976 53.34 Cichard Banks 9999-02255 1976 11,21 Harold Blankemeyer 9999-04140 1976 19.40 Brian Blessing 9999-04205 1976 26.87 " " Jerry B. Borchardt 9999-04555 1976 15.48 Charles M, Brooks 9999-05545 1976 27.94 " W. E. Butler 9999-06800 1976 27.94 " Douglas E, Chaney 9999-08070 1976 13.52 Wm, J. Collen 9999-09280 1976 22.42 David L. Crouch 9999-10500 1976 53.34 " " " " 9999-10505 1976 36,04 CRW, Inc, 9999-10560 1976 38.92 F. D. Kurrus 9999-10860 1976 24,92 Charles H. Dale 9999-10905 1976 16.55 " Margaret Denison 9999-11805 1976 14.95 " R. F. Dudley 9999-12945 1976 27.87 " French A. Dumas 9999-13015 1976 38.92 " Curtis 0. Dumas 9999-13010 1976 26.52 " Branon R. Dunn 9999-13155 1976 25.27 Earl R. Waddell & Sons 9999-13420 1976 38.92 Billy No Endsley 9999-13925 1976 6.94 T. Rex Enos 9999.13980 1976 7.29 " Factory Agents Inc. 9999-14310 1976 66.32 George D. Fischbeck 9999-14870 1976 9.25 Jess F. Gann 9999-16485 1976 38,92 Adrian Gasperson 9999-16790 1976 13.35 David J, Gay 9999.16930 1976 20,47 Aubrey W, George, 9999-17010 1976 6.40 Robert Hancock 9999-19510 1976 22.42 11 it J. K, Harper, Jr. 9999-19870 1976 15.13 " It James M. Hawkins 9999.20480 1976 18.15 " of E, I. 13111 9999-21445 1976 9.11 Hodge Enterprises Inc. 9999-21745 1976 38.92 J. & L. Tank Itic, 9999-23585 1976 39.51 Billy Joe Johnson 9999-24435 1976 66,32 " All Khosrowkerdi 9999-25915 1976 6,94 " James Knapp, Jr. 9999-26420 1976 39,51 Victor R, Kostiw 9999-26640 1976 40.40 Oladys M, Leo 9999-27630 1976 8101 Thomas Lim 9999.28115 19'11, 12.10 Lone Star Producing Co. 9999-2845' 1976 17.97 R. P. Lukeman Jr. 9999-2879' 1976 31.32 " • PERSONAL PROPERTY ~w NAl,f; ACCOUNT TAX TAX RrASON NOIBER YEAR Dan Martin 9999-29655 1976 $ 9.96 Non-Resident Marian A. Massie 9999-29955 1976 5,69 to " K, E, Matthews 9999-30140 1976 36,04 " " Lou Anne Mattson 9999-30165 1976 14.41 " " No TX Rent a Car,Inc. 9999-34820 1976 39.51 to 14 " It it " " 9999-34825 1976 49.12 to to John B. Price 9999-37540 1976 15.48 of it David R, Redden 9999-38385 1976 6,94 It Cindy D. Rosser 9999-40205 1976 16.91 to " Jo Anne Rowe 9999-40245 1976 8.72 to " Edward W, Sallee 9999-40695 1976 22.25 It " Joseph S. Sanchez 9999-40820 1976 18.51 it Richard To Sharpe 9999-42055 1976 49.12 " , " Ben Shinn 9999-42340 1976 13.88 It " " It 9999-42345 1976 62,70 " to G. E. Skidmore 9999-42885 1976 8.01 " to Elena Ivanisseuich 9999-43755 1976 17.80 " " Clyde Tilton 9999-46805 1976 23.14 to " 9999-46810 1976 14.41 Mrs, Bessie Tunnicliff9999-47470 1976 5,51 It It Georgians P. Vawghn 9999-47905 1976 23.78 " it Bill Wesson 9999-49410 1976 26.70 It it Julia Wood 9999-51125 1976 36.04 Thomas J, Worley 9999-51345 1976 29.04 " TOTAL $10830.74 Weaver Wisdom 9999-48085 1970 $ 2,40 To Old (Suit filed, these " e' 9999-48080 1970 5,85 accounts uncollectable) 9999-48075 1970 4.05 9999-48070 1970 10.20 " 9999.47785 1971 9.18 " " " It 9999-51795 1969 5.10 9999-51800 1969 10.20 " if 9999-51805 1969 5.70 " of " '9999-51720 1968 8.25 to It 9999-51730 1968 10.20 to 00 9999-51745 1968 7,20 to It " of 9999-07642 1967 8.25 it to of 9999-07643 1967 5.85 " It it 9999-07644 1967 10.20 it to TOTAL $ 102.63 Charles L. Muirhead,Jr9999-39480 1973 $ 11,56 Did not own Jan, 19 I' to 9999-39485 1973 15.98 It It " Jerry C. Todd 9999-57545 1575 9.42 " 9999-54555 1975 9.45 .'l 46.41 GRAND TOTAL $1,979,78 C I T Y O F D E N T 0 N T A X A D J U S T M E N T S FOR THE MONTH FEBRUARY 1917 REAL ESTATE NAME ACCOUNT TAX TAX REASON _ NUMBER YEAR Avis ;loss 0090-00300 1976 $ 53.40 Late Homestead Exemption Elizabeth Whayne 0110-00600 1976 53.40 " 11 " Ida 'dees 0120-00300 1976 53.40 " it " Leota M. Traster 0180-01400 1976 50.37 " " It Addie A. Pickle 0310-00800 1976 53.40 " " C. E. Curry 1000-01400 1976 53.40 It Gladys Gay 1280.00600 1976 43.78 " " It :Ira. Lora Cantwell 1400-00900 1976 22.96 it " Q. M. Calvert 295U•02300 1976 32,21 " " " Mrs. J. R. Locklin 3360-00400 1976 25,27 " Is of Benny Simmons 3390-00100 1976 23.85 Laura Stimpson 3410-01100 1976 4.45 It it It Martha Blaylock 3540-01200 1976 6.23 It it " Pearl Alexander 3560-01500 1976 27.23 " " It 3560-01500 - 5 26.01 " It " 3560-01500 o,,4 26.01 " to is 3550-01500 1973 26,01 Camilla JaEney 3660-06200 1976 14,59 Cecil E. Lane 40SO-01000 1976 20.82 R. Carl Smith 4870-02000 1976 25.63 Willie Gregory 4850-00800 1976 26,52 Avery Timothy Nelson 5090-01500 1976 34,53 to It 11 Charles C. Williams 5460-00800 1976 53,40 of " " Editha Luecke 5460-01900 1976 53.40 to " It Roy C. Phipps 5590-O110D 1976 25.27 " Anna H. Shelton 3590-01200 1976 34.71 It Leon Cothern 5590-01620 1976 53.40 to Zetta Gardenhire 5840-00500 1976 53.40 to Elate heard 5850-00800 1976 33,28 " L. Stuckey 6110-00100 197) 41,11 to " }comer Bronstad 6490-03200 1976 52,15 It " " Lora Boydston 6570-01400 1976 53,40 " of It Merlin W. King 6590-00400 1976 24,74 " of lira. James K. Vanghan 7020-00200 1976 w 53.40 it of to TOTAL $111235,13 ~~,o 0 s a v OATH OF OFFICE do solemnly swear (or affirm) that I will faithfully execute the duties of the office of f : /L r ~'il I C o1) / > c fl l~ 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 a d ,wPrn to before me the undersigned on this the hi h day of -i'rSA. D, 19 To certify witness rtyr an an sea of office. ITY-SLULTARY ITY OF DENTON, TEXAS • k~~ ~ d ~ Ste. P c f ^ • THE STATE OF TEXAS X CONTRACT COUNTY OF DENTON X This agreement, made and entered into this the filth day of February, 1977, by and between Russell Miller, d/b/a Hurricane Fence Company of Denton, Texas, hereinafter referred to as "con- tractor", and the City of Denton, Texas, a Municipal Corporation, hereinafter referred to as "owner", WITNESSETHs WHEREAS, the contractor agrees to construct ball park fences at Mack Park in the City of Denton, Texas, as per Bid No. 8445 dated January 20, 19771 and WHEREAS, the owner and contractor agree as set forth below: ARTICLE I THE WORK The contractor shall perform atl the work required by the con- tract documents for the fencing of the ball park at Mack Park. ARTICLE II Tii!E OF COMMENCEMENT AND COMPLETION The work to be performed under this contract shall be commenced immediately and completed forty-five (45) days after receipt of material, and in no event later than April 30, 1977, ARTICLE III CONTRACT SUM The owner shall pay the contractor for the performance of the work subject to additions and deductions by change order as pro•,ided in the general conditions in current funds, the contract sum of Twenty-One Thousand Six-Hundred One and 11/100 ($21,601,11) Dollars. ARTICLE IV PROGRESS PAYMENTS Based upon applic&tions for payment submitted to the owner by the contractor, the owner shall make progress payments on account of the contract sum to the contractor as followss (1) Upon receipt of material and storing of same at project site, (2) the completion of detailed and specified work, (3) less ten percent (108) retention, ARTICLE V FINAL PAYMENT The owner shall make final payment fifteen (15) days after completion of the work, provided the contract be then fully per- formed, subject to the provisions of Article XVI of the General Conditions. 0 ARTICLE VI ENUMERATION OF CONTRACT DOCUMENTS The contract documents are as noted in Article VII and are enumerated as followac Bid Number 8445 including (1) proposal, a»d (2) specifications, ARTICLE VII CONTRACT DOCUMENTS The contract doctunents consist of this agreement, the draw- ings, the specifications, all addenda issued prior to the execution -2- of this agreement and all modifications and change orders issued by the owner. These form the contract and what is required by anyone shall be as binding as if required by all. The intention of the contract documents is to include all labor, materials, equipment and other items as provided in Article VIII necessary for the proper exe- cution and completion of the work and the terms and conditions of payment therefor, and also to include all work which may be reason- ably inferable from the contract documents as being necessary to pro- duce the intended results. The contract: documents shall be signed in not less than tripli- cate by the owner and the contractor. By executing the contract, the contractor represents that he has visited the site and famili- arized himself with the local conditions under which the work is to be performed. The term work as used in the contract documents includes all labor necessary to produce the construction required by the contract documents, and all materials and equipment incorporated or to be in- corporated in such construction. ARTICLE VIII. CONTRACTOR The contractor shall supervise and direct the work, using his beat skill and attention. The contractor shall be solely respon- sible for all construction means, methods, techniques, sequences and procedures and for coordinating all portions of the work under the, contract. -3- Unless otherwise specifically noted, the contractor shall provide and pay for all labor, materials, equipment, tools, con- struction equipment and machinery, water, heat, utilities, trans- ivrtation, and other facilities and services necessary for the proper execution and completion of the work. The contractor shall at all times enforce strict discipline and good order among his employees, and shall not employ on the work an unfit person or anyone not skilled in the task assigned to him. The contractor warrants to the owner that all materials and equipment incorporated in the work will be new unless otherwise specified, and that all work will be of good quality, free from faults and defects and in conformance with the contract document. All work not so conforming to these standards may be considered defective. The contractor shall pay all sales, consumer, use and other similar taxes required by law and shall secure all permits, fees and licenses necessary for the execution of the work. The contractor shall give all notices and comply with ill laws, ordinances, rules, regulations, and orders of any public authority bearing on the performance of the work. The contractor shall be responsible itr the acts and omissions of all his employees and all sub-contractors, their agents and em- ployees and all other persons performing any of the work under the contract with the contractor, -4- The contractor at all times shall keep the premises free from accumulation of waste materials or rubbish ca,ised by his operations. At the completion of the work he shall remove all his waste mate rials and rubbish from and about the project as well as his tools, construction equiyment, machinery and surplus materials, and shall clean all surfaces and shall leave the work "broom clean" or its equivalent, except as otherwise specified. The contractor sha31 indemnify and hold harmless the owner and its agents and employees from and against all claims, damages, losses and expenses including attorneys fees arising out of or re- sulting from the performance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction, of tan- gible property (other than the work itself) including the loss of use resulting therefrom, and (2) is caused in hole or in part by any negligent act or omission of the contractor, any sub-contractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. In any and all claims against the owner or its agents or employees, by any em- ployee of the contractor, any sub-contractor, anyone directly or indirectly employed by any of them or anyone for whose act any of them may be liable, the indemnification obligation under this article shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the con- tractor or any sub-contractor under the Workmens Compensation Act, -5- Disability Benefit Acts, or other employee benefit acts. ARTICLE IX SUB-CONTRACTS A sub-contractor is a person who has a direct contract with the contractor to perform any other work at the site. Unless otherwise specified in the contract document or in the instructions to bidders, the contractor, as soon as practicable after the award of the contract, shall furnish to the owner in writing a list of the names ~f sub-contractors proposed for the principal por- tion of the work. The contractor shall not employ any sub-contractors to whom the owner may have a reasonable objection. The contractor shall not be required to employ any sub-contractor to whom he has a reasonable objection. Contracts between the contractor and the sub- contractor shall be in accordance with the terms of this agreement and shall include the general conditions of this agreement in so far as applicable. ARTICLE X SEPARATE CONTRACTS The owner reserves the right to award other contracts in con- nection with other portions of the project or other work on the site under these or similar conditions of the contract. The contractor shall afford other contractors reasonable oppor- tunities for the introduction and storage of their materials and equipment and the execution of their work, and shall properly con- nett and coordinate his work with theirs. Any costs caused by this defective or ill timed work shall be -6- borne by the party responsible therefor. ARTICLE XI TIME All time limits stated in the contract documents are of the essence of the contract. If the contractor is delayed at any time and the progress of the work by changes ordered in the work, by labor disputes, fire, unusual delay in transportation, unavoidable casualties, causes be- yond the contractors control, or by any cause which the owner may determine justifies the delay, then the contract time shall be ex- tended by a change order for such reasonable time as the owner may determine. ARTICLE XII PAYMENTS 4 Payments shall be made as provided in Article IV of this agree- ment. Payments may be withheld on account of (1) defective work not 4 remedied, (2) -laims filed, (3) failure of the contractor to make payments properly to sub-contractors or for labor, materials, or equipment, (4) damage to another contractor, or (5) unsatisfactory prosecution of the work by the contractor, Final payment shall not be due until the contractor has de- livered to the owner a complete release of all liens arising out of this contract or receipts in full covering all labor, materials and equipment for which a lien could be filed, or a bond satisfactory to the owner indemnifying him against any lien. -7- 4 The making of final payment shall constitute a waiver of all claims by the owner except those arising from (1) unsettled liens, (2) faulty or defective work appearing after subEtantial completion, (3) failure of the work to comply with the requirements of the con- tract document, or (4) terms of any special guarantees required by the contract documents. The acceptance of final payment shall con- stitute a waiver of all claims by the contractor e;,.^.rpt those pre- viously made in writing and still unsettled. ARTICLE XIII CONTRACTOR'S LIABILITY INSURANCE The contractor and each separate contractor shall purchase and maintain such insurance as will protect him from claims under Work- mens Compensation Acts and other employee benefit acts, claims for damages because of bodily injury, including death, and from claims for damages to property which may arise out of or result from the contractors operations under this contract, whether such operations be by himself or by any sub-contractor or anyone directly or in- directly employed by any of them. This insurance shall be written for not less than any limits of liability specified as part of this contract, or required by law, whichever is the greater, and shall include contractural liability insurance as applicable to the con- tractors obligation under Article X. Certificates of such insur- Anee shall be filed with the owner. ARTICLE XIV CHANGES IN THE WORK The owner without invalidating the contract may order changes in the work consisting of additions, deletions, or modifications, -8- the contract sum and the contract time being adjusted accordingly. All such changes in the work shall be authorized by written change order signed by the owner or his duly authorized agent. The contract sum and the contract time may be changed only by change order. The cost or credit to the owner from a change in the work shall be determined by mutual agreement. ARTICLE XV CORRECTION OF WORK The contractor shall correct any work that fails to conform to the requirements of the contract documents where such failure to conform appears during the progress of the work, and shall remedy any defect due to faulty materials, equipment or workmenship which appear within a period of one year from the date of substantial completion of the contract or within such longer period of time as may k>e prescribed by law or by the terms of any applicable special guarant&e required by the contract documents, The provisions of this article apply to work done by sub-contractors as well as to work done by direct employees of the contractor. ARTICLE XVI TERMINATION BY THE CONTRACTOR If, through no fault of the contractor, owner fails to make a progress payment for a period of thirty days at the request for same by contractor, the contractor may, upon seven days written notice to the owner, terminate the contract and recover from the owner payment for all work executed and for any proven loss substained upon any -9- materials, equipment, tools, and construction equipment and machin- ery including reasonable profit and damages. ARTICLE XVII TERMINATION BY THE OWNER If the contractor defaults or neglects to carry out the work in accordance w3.th the contract documents or fails to perform any provision of tae contract, the owner may, after seven days written notice to the contractor and without prejudice to any other remedy he may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due to the contractor or, at his option, may terminate the contract and take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the contractor and may finish the work by whatever method he may deem expedient, and if the unpaid balance of the co,:*ract sum exceeds the expense of fin- ishing the work, such excess shall be paid to the contractor, but if such expense exceeds such unpaid balan^.e, the contractor shall pay the difference to the owner. ARTICLE XVIII MISCELLANEOUS PROVISIONS If the work under this contract shall not be completed within the time limit specified under the contract, contractor agrees to pay to owner the sum of one Hundred Dollars ($100.00) for each aP1 every day said work remains uncompleted after the expiration of said time, as agreed in liquidated damages for failure to comply with the terms of this contract with reference to time of completion, it being -10- J understood and agreed that the above damages are just and reasonable and liquidated damages for the failure of contractor to comply with this contract. CITY OF DENTONr TEXAS HURRICANE FENCE COMPANY BY s ~ BY s RSE MILLER, PRESIDENT -11- 1 ; m i d c $ .I c ° CL i m 3 ptn „ z 0n ~ t#~ 3 0 T 3 nrD m CL r 1 rr i.a. a v I i as ~ °o' co N N 0 o ~ -I m r W }a m m N o F3 '01 z y ti a 0 r' m rm r" 41 N ~w tmr o ~ ~ I W N Q (D N r' f I~ N C a R1 o 21 tD --I M f 91 b a -S tj PD 'CPO still ' M ri' v M a n O r~3 1-3 a ? r7 q a oo N ',,I p r3 ° w 4~ C o a i I k ~ {~a. T (e~[l ~ r'` w c 0 UNITF3D PACIFIC INBURANCL COMPANY HOME OFFICE, TACOMA, WASHINGTON February 9, 1977 CERTIFIED MAIL RETURN RECEIPT REQUESTED City of Denton City Secretary -Denton, Texas Bond No. U73 76 20 Principal -GENE PARR C/O MI LARD HF.ATIR R CO,, INC. You are hereby notified that the captioned bond, effective on or about _2_2_73 dnd executed by UNITED PACIFIC INSURANCE COMPANY, as surety, on behalf of rPna P"r e/e CfEi77ard Heath A Co. - Tnc BOX 127Q. Dentnn~mex.e 70ni dQscribed as is hereby canceled effective 77 i such specified date does not provide a sufficient number of days notice, as required, then upon the earliest date permitted, The issuance of this Cancellation Notice shall not, however, operate to extend the effective date of Cancellation, if such bond has been canceled upon an earlier date under the conditions and provisions of said bond. UNITED PACIFIC INSURANCE COMPANY shall not be responsible thereunder for any acts or defaults committed or loss occurring after the effective date of cancellation, nor for any losses not discovered in accordance with the provisions of such bond. Yours very truly, • UNITED PACIFIC INSURANCE COMPANY By it zf~2e Aiiorney-lo-Foci Helen No Smith cot Gene Parr c/o Millard Heath 3 Co., Inc. cot Miilerrnan 5 Mille rman BDU•1416 Ed. 7.71 da ~ r OATH OF OFFICE I, WILLIAM "BUCK" ELLIOTT , do solemnly swear (or affirm) that I will faithfully execute the duties of the office of Citizens Traffic Safety sun6ort Commission 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 9th day of Frttrj;Ar , A.D. 19 77 To certify wi cTi- witness my an an Mal of office. CYTY C O CITY OF DENT TEXAS ' I ~ ~ v r F ~ C r 1 LONE STAR GAS COMPANY STATEMENT OF GAS PURCHASED DURING TIRE MONTH OF JANUARY, 1977 n AND DETERMINATION OF TdE AUTHORIZED CITY CATE RATE* ADJUSTED FOR CHANGE IN COST OF GAS PURCHASED IN ACCORDANCE WITH ORDER OF THE RAILROAD COMMISSION OF TEXAS UNDER DOCKET NO. CUD-588 Line Average No. MCF Price Amount 1 Purchased From Non-Affiliated Suppliers 49 OU5 069 $ 1.4644 $ 71 763 345 2 Purchased From All Sources 52 487 240 1.4424 _ 75 707 915 3 Lesser of Lines 1 and 2 $ 1.4424 4 Average Purchase Price CUD-588 _ •7229 5 Difference Between Actual and Base Prices _.7195 6 Gas Cost Adjustment (85% of Line 5) .15116 7 Base City Gate Rate Authorized Under GUD-588 _ 1.0399 8 City Cate Rate to Become Effective February 20, 1977 $ 1_6515 *Intracompany charge for gas delivered to Distribution Division for sale to residential and commercial customers and for distribution unaccounted-for gas. Notes Purchases of 32,199 Mcf in the amount of $37,886 have been excluded because this gas is sold before entering Lone Star Gas Company facilities. Purchases of 1,312,761 Mcf in the amount of $1,275,348 have been excluded because this gas is sold in Oklahoma and is not available to Texas customers. I hereby certify that the above is true and correct to the best of my knowledge and belief. For: Lone Star Gas Company ' Dates February 10, 1977 BYs Titles Vice President and Controller r 1r l~F y rt a ~ r . r ~ r f.7 F C:{. a. ~,v an i 1 n~f r Y r `4 M Y ~~.p4'Srn jf~q' 'y{ r b Y L~ N` wr r 7 j rt f t. 4~1 k~- t1' yY~ ~'r~i k "N?. Y. r.. s-ae+~~li rr~~id M'i ~i. ^'I"r~4Y ~ "C'~~4• r✓ NO. 7 9 - 9 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON$ TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO LOT NO. 6, BLOCK N0. 4027, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICU- LARLY DESCRIBED THEREIN) AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That 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 provisions of ordinance No. 69-1, be, and the same is hereby amended as follows: All the hereinafter described property is hereby removed from the'MF-1"Multi-Family District as shown on said Zon- ing Map, and all provisions of Ordinance No. 69-1, adopter the 14th day of January, 1969, as amended, shall hereafter apply to said property as "0" Office District in the same manner as other property located in the "0" Office District; All that certain lot, tract or parcel of land lying and be- ing situated in the City and County of Denton, State of Texas, and being Lot No. 6, Block No. 4027 also known as 319 Bonnie Brae in the City of Denton, Texas. SECTION II. That the City Council of the City of Denton, Texas hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appro- priate 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 effeot immedi- ately after its passage and approval, the required public hearings having heretofore been held by the Planning and Zoning Commission and the City Council of the City of Denton, Texas, after giving due notice thereof. PASSED and APPROVED This the 15th day of February, A. D. 1977, , MYOR CITY OF DENTON, TEXAS A.4 , 'L BROOKS HOLT, CITY SECRETA97 CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMS /*7 '640 Q- -PAUL C, , '7 NEE CITY CITY OF DENTON, TEXAS k J t: ~r a a µ W i ~ 1 "7 ~y~~~~ ~h.~ . ¢ , l _ ~ s F;R ~ ~ ` ti' "f 14 n, ~ ~ .'e's e <aA..: "iM9} Yl'r~ y<X t '.a-e d r.. iyc i.. a ~ f ~ v tya •~rf~ e~^, ~ `Y"~jM. A r '1. 1 , 'L ( 'rya o. t 4 r u • F .,r e' a ( w F w M1 i I'° +l / ¢ P ¢ i ~4 u6 rt } t~yt to ~6 ~r 'f ~ ,J.' Y t r .7 S' 7 yvXX ~5` r u ♦ a ~ ~ ~ ~ 4 s r 7 2 ~ a, F'r f ti~, ^t, ,f r, d' a w u'! i4 t s .a is M'i'. 4 n i r..}~Yr T 96' f - ♦ ~t` 'ttt r:^, j yir,,r vl'!.ir`":'" app t~e~~`. rA%'Xr~t. art "]a~ ; ~~ti y. ~ , s k '3~$~~ t~~i No. 77 -to AN ORDINANCE AMENDING THE ZONING MAP OF HE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-11 AND AS SAID MAP APPLIES TO LOT NO. 1, BLACK NO. 4070, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICU- LARLY DESCRIBED THEREIN= AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That 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 provisions of ordinance No. 69-1, M, be, and the sasr.a is hereby amended as follows: All the hereinafter described property is hereby removed ffom the "A" Agricultural District as shown on said Zon- ing Map, and all provisions of Ordinance No. 69-1, adopted the 14th day of January, 1969, as amended, shall hereafter apply to said property as "C" Commercial District in the same manner as other property located in the "C" Commercial Districts All that certain lot, tract or parcel of land lying and be- ing situated in the City and County of Denton, State of Texas, and being Lot No. 1, Block No. 4070 being a portion of the lot at the northwest corner of University Drive and Bonnie Brae and being approximately 7.408 acres of land. SECTION II. That the City Council of the City of Denton, Texas hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appro- priate 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 immedi- ately after its passage and approval, the required public hearings having heretofore been held by the Planning and Zoning Commission and the City ^.ouncil of the City of Denton, Texas, after giving due notice thereof. PASSED and APPROVED This the 15th day of February, A. D. 1977. CITY OF DENTON, TEXAS ATTESTS 11A - - W-4 SECRETARY MKS-HOLTf CITY CITY OF DENTONO TEXAS APPROVED AS TO LEGAL FORMS PAUL Cs k , CITY ATTORNEY CITY OF DENTONO TEXAS • •,ic ...F .w - k~ ~J °P l ~ ~ J F J "6 1 0 e ~ 5~ ~y - ~ ~ i Ny~'~ - n, f.'. ~ k 1 `R y`~4 A,7 .`(Y yyR i .y+." : et41,~{L~ M11~ r~l~j ti 4V 1 .t r; n(~~t r j. Fp)~ l 1,,V i h..r9 NO. ' AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, x` AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF n THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-10 AND AS SAID MAP APPLIES TO A PORTION OF LOT 3, BLOCK A OF THE REPLAT OF A PART OF TEASLEY MALL SUBDIVIS'ON, AS SHOWN THIS DATE ON THE OFFICIAL RE- PLAT, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That 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 Dentonr Texasr under provisions of Ordinance No. 69-11 be, and the same is hereby amended as follows: y All the hereinafter described property is hereby removed from the "A" Agricultural District as shown on said replat and all provisions of Ordinance No. 69-1, adopted the 14th day of January, 1969, as amended, shall hereafter apply to said property as "NS" Neighborhood Service District in the same manner as other property located in the "NS" Neighbor- hood Service District; All that certain lot, tract or parcel of land lying and be- ing situated in the City and County of Denton, State of Texas, and being a portion of Lot 3, Block A lying between the City of Denton drainage easement and Lot 2 of Block A and being 140' by 100' of the replat of a part of Teasley Mall Subdivision in the City of Denton, Texas. SECTION II. That the City Council of the City 4of 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 i 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 appro- priate 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 immedi- ately after its passsge and approval, the required public hearings havin4 heretofore been "held by the Planning and Zoning Commission and the City Council of the City of Denton, Texas, after giving due not.ce thereof. PASSED and APPROVED This the 15th day of February, A. D. 1977. $ I~ESj MAYO3fR CITY OF DENTON, TEXAS ATTESTS 4LZ,4~ KS HOLT, I SECRETARY CITY OF DENTON, TEXAS APPROVED AS To LEGAL FORINt CITY OF DENTON, TEXAS ~j g ~ s,,, ~ ~ ~ ~F, i is TL' ~ ~ - I ~~f ~ ~ I et~~. ~(p v 4~:✓ 1~ ! . 1: ' ~ ~ ` 4 b, A ~ y~l /i, I F f{ ~ 4 y~ ~ r t 1 )r `ems. jj . NO. `1 S AN ORDINANCE ANNEXING TRACTS OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF 157 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING IN THE THOMAS LABOR SURVEY, ABSTRACT NO. 779 AND NATHANIEL BRITTON SURVEY, ABSTRACT NO. 51, DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS "PD" PLANNED DEVELOPMENT DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the request for annexation was introduced at a re- gsjlar meeting of the City Council of the City of Denton, Texas, on the petition of CHRISTIAN FELLOWSHIP FOUNDATION, INC.; and Wf; REAS, an opportunity was afforded, at a pi.'Aic hearing held for that purpose on November 23, 1976 for all interested persons to state their views and present evidence bearing upon the annexation provided by this ordinance; and WHEREAS, this ordinance has been published in full at least one time in the official newspaper of the City of Denton, Texas, prior to its effective date, and after the public hearings; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That the hereinafter described tracts of land be, and the game are hereby annexed to the City of Denton, Texas, and the same are made hereby a part of said City and the land and the present and future inhabitants thereof shall be entitled to all the rights and privileges of other citizens of said City and shall be bound by the acts and ordinances of said City now in effect or which may hereafter be enacted and the property situated therein shall be subject to and shall bear its pro-rata part of the taxes levied by the City. The tracts of land hereby annexed are des- cribed as follows, to-Witt FIRST TRACT - All that certain tract or parcel of land situated n e a aniel Britton Survey, Abstract 51 and the Thomas Labor Survey, Abstract 779, Denton County, Texas, being part of a cer- tain 152 acre tract conveyed by Lorena Hickerson and husband Roy L. Hickerson to Henry Lee Santerre and wife, Bertie Belle Santerre by deed dated June 24, 1950 and shown of record in Volume 361, Page 291 of the Deed Records of Denton County, Texas, and being more particularly described as follower BEGINNING at the north northwest corner of said 152 acre tract on the north line of said Labor Survey in a road; THENCE east with the north line of said tract and said Labor Survey 900.0 feet to a corner at a point 1442.8 feet west of the northwest corner of said survey; THENCE south at 319.4 feet across the south line of said Labor Survey and the north line of said Britton Survey, a total dis- tance of 1200.0 feet to a steel pin; THENCE west 165.0 feet to a steel pin; THENCE south41521.0 feet to a steel pin in a fence on the south line of said 152 acre tract; THENCE south 880 07' west with said south line along and near a fence 1299.0 feet to a corner near a fence corner; THENCE north 10 50' west with a west line of said 152 acre tract along and near a fence 1317.3 feet to a fence corner at the west northwest corner of said 152 acre tract; THENCE north 890 01' east with a fence on the north line of said tract 605.5 feet to a steel pin for corner; THENCE north with a west line of said tract along and near a fence and crossing the line between said surveys 1336.6 feet to the place of beginning. SECOND TRACT - All that certain tract or parcel of land situated in the N` atbaniel Britton Survey, Abstract No. 51, and the Thomas Labor Survey, Abstract No. 779, Denton County, Texas, being part of the same (called) 152 acre tract deeded by Lorena Hickerson, et vir to Henry Lee Santerre, et ux, on June 24, 1950, recorded in Volume 361, Page 291 Deed Records of said County, and being more particularly described as follows: BEGINNING at a steel pin at the northeast corner of said Labor Survey, and the northeast corner of said 152 acre tract on the north line of a public road; THENCE south 10 26' east with the middle of an abandoned road at 319.4 feet pass the southeast corn,3r of said Labor Survey and the northeast corner of said Britton Survey, a total distance of 2607.2 feet to a steel pin at the southeast corner of said 152 acre tract on the east line of said Britton Survey in said abandoned road; THENCE south 880 50' 40" west along and near a fence 1616.8 feet to a steel pin on the south line of said 152 acres tract; THENCE north with a fence 1521.0 feet to a corner in a branch; THENCE east 165 feet to a steel pin near a fence corner; THENCE north with a fence and crossing the line between said Britton and Labor Surveys 1100.0 feet to a corner on the north line of said Labor Survey in ra public roadr THENCE north 890 15' east with said survey line in said road 1386.35 feet to the place of beginning and containing in all 90.850 acres of land. 5 SECTION II. The above described proper-ty is hereby classified as "PD" Planned Development District and shall so appear on the official zoning map of the City of Denton, which map is hereby amended accordingly. SECTION III. This ordinance shall be effective immediately upon its pass- age. PASSED AND APPROVED this the day of , 19Z7-- ELINOR HUGHES, MAYOR CITY OF DENTON, TEXAS ATTEST: BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: 1 61"! AZK= PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS -3- ;s .w Rv ~ ~ k j ~ ~ 'p ~ ~ v ~ J ~ ~ ~ , : • Y.' .A: rr r!; N. i kJ tl i.. No. 77-I. AN ORDINANCE AMENDING CHAPTER 50, ARTICLE V "SWIMMING POOLS" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON BY REQUIRING DEPTH MARK- INGS AND LINES ON THE SWIMMING POOL AND PROVIDING FOR THE CLEAR- NESS OF WATER; PROVIDING A SEVERABILITY CLATA E AND PROVIDING AN EFFECTIVE DATE. 0 - BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTONt TEXAS: PART I. That Chapter 5, Article V "Swimming Pools" is hereby amended as follows: (1) That Section 5-181 "Requirements for both public and semi-public Pools" is amended by adding a new subsection (j) which will hereinafter read as follows: Depth of water shall be plainly marked at or above the water service on the vertical wall of the swim- ming pool and on the edge of the deck or walk next to the swimming pool at maximum and minimum points and at the points of break between the deep and shallow portions and at intermediate increments of depth, those increments being located at approxi- mately two foot intervals. Those pools that combine swimming facilities for both children and adults, shall provide a safety line supported by buoys and attached to the side walls of the pool. This line shall be located at the 'breakiAg point' of the pool or at a depth of no more than five feet. Break- ing point is defined as the peripheral edge that separates the shallow from the deep area of a swim- ming pool." (2) That Section 5-184 "Disinfection and Quality of Water" is hereby amended by adding a new subsection (d) which will herein- after read as follows: "(d) The water, at all times when the pool is in use, shall be sufficiently clear to permit a black disc six inches in diameter on a white field, when placed on the bottom of the pool at the deepest point, to be clearly visible from the sidewalks of th3 pool at all distances up to ten yards measured from a line drawn across the pool through the disc." PART II. That if any section, subsection, parugraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. PART III. 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-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 1 day of ~p (/A A. D. 1977, r LIOR~ UGHESI-MYOR CITY OF DENTON, TEXAS ATTEST: BR=S_ HOLTO CITY SECRETARY CITY OF DENTON, TEXAS I APPROVED AS TO LEGAL FORM: qW. 4. , Z~~rY AP ~2 T~ CITY OF DENTON, TEXAS I r'.. k Ir-P +f i z t pro. 77 -7 AN ORDINANCE AMENDING CHAT-TER 25, ARTICLE V "EXTENSIONS OF WATER AND SEWER MAINS" OF THE CODE OF ORDINANCES BY PLACING A LIMIT ON THE LENGTH OF LINE THE CITY WILL EXTEND AND PROVIDING THAT NO EX- TENSIONS BE MADE BY CITY TO NEW CONSTRUCTION; PROVIDING A SEVER- ABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: PART I. That Chapter 21, Article V. "Extensions of Water and Sewer Mains" is hereby amended as follows: (1) That Section 25-74(a) is amended to hereinafter read as follows: "Section 25-74 EXTENSIONS REQUIRED TO SERVE SUBDIVISIONS AND OTHER DEVELOPMENTS. (a) Developers (including individuals, subdividers, and owners of multi-family dwelling units) shall pay the actual cost of water and sewer main extensions re- quired to serve that development, as determined by the city manager of the City of Denton. For pur- poses of this section, a wager main in excess of i eight (8) inches and a sanitary sewer main in excess of ten (10) inches inside d+.ameter may be considered oversize and the city mPy participate in any costs of oversize water or sewer mains, at its option, pro- vided the oversize capacity is not required to serve the development. Any water and sewer main extensions to t ew construction will not be made by the City un- les,: prior approv~~,, k the City Counr,il is obtained, Hcre~ar, the City Ai extend water and sewer mains to an existing dwelling if such extension does not exceed six hundred feet. (2) That Section 25-79(a) is amended to hereinafter read as folicwe: (a) Average current cost shall :wean the cost per foot determined periodically, but no :ess than annually, by the public utility board of the City based -,upon actual construction costs of water and, separately, sewer mains in the City of Denton, considering all appurtenances, thereto and needed therefor, duringg the perl.od preceding such determination, and mathe- matically averaging same and dividing by the number of feet constructed under such contracts for water and for sanitary sewer." PART 11. That if any section, subsection, paragraph, sentence, clause, phrase or word '.n this oriinance, or application thereof to any person or circumstances is held invalid by any court o.E competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. PART III. 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-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 I sr day of 1977, !!22__I ELINOR HUGHES, 'h W- CITY OF DENTON, TEXAS ATTEST t-) SEMT'ARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: CITY OF DENTON$ TEXAS n 4 9 a C~ J V SIN r .i ,c I r. L ~:~~„ry ~'};j ~ ~sy(t•~q F ~ X4 5 ~ ~ A~ .;n i. k } r~i 1 r1} i+~ i 'b~'ES i, F1 }"f o Mx a~' r " y:~ ~Jrk~.C rh ~ ra`'"'s wp aErF 1~a~XRM*,,f ~~ij , 1 ^T: M N r" s , * V„1 .y, M 1,~ z 1 ~`{a i}} i ~ H u :~'X~ ♦ ~ P ~I A ~ ~ a ~ < ~Ya' r,, x~~~"? e ~Yr~l~~t`~'~ ~'rf~^3r.'~ "r d'~'r'r~ i g~~s : ~ k. x c, r .J i AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON? TEXAS HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 1ST DAY OF FEBRUARY, A. D. 1977. `.4 .9 R E S O L U T I O N WHEREAS, the City of Denton, Texas created a Personnel Department and hired a Personnel Director for that department; and WHEREAS, the Personnel Director, pursuant to Ordinance No. 62-40 has prepared employee rules and regulations; and WHEREAS, the City Council of the City of Denton, Texas, desires to adopt the Employee Rules and Regulations of 1976 as the official personnel rules for employees with the City of Denton; NOW1 THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THATs The Employee Rules and Regulations for the City of Denton, 1976, are hereby adopted as the official personnel rules for the City of Denton and a copy of those rules are attached and made a part of this resolution and shall be filed in the offi- cial records of the City by the City Secretary. PASSED AND APPROVED this the 1st day of February, A.,D. 1977. CITY OF DENTONe TEXAS ATTEST: a .OOKS , CITY SECIMTM CITY OF DENTON# TEXAS APPROVED AS TO LEGAL FORMS PAUL C. ISHAX-, CITY ATTOIWEY' CITY OF DENTON, TEXAS r ~ i~ P4 cC' i a r Mimi rz;zy-z{-UfV1VAC STATE, COUNTY AND MUNICIPAL GOVERNMENT AGREEMENT CITY OF DENTON GROUP A & B EGUIPMENT S - TERM OF AGREEMENT: M 215 E. McKINNEY 6 YEARS E R DENTON, E 76201 170 eE COMPLETED IF OTHER THIN AlOVEI N SAME IA T AGREEMENT NUMPER 6001527 1 Sperry Rand Corporation, acting through its Sperry Univac Division (hereinafler called " Univac"), upon its acceptance hereof by t means of signature in the Acceptance block of this Agreement, shall vent to the Customer, subject to the Terms and Conditions hereinafter stated, certain Products, consisting of Ike Equipment listed below to be installed at the above address, togelher with Documentation, Programming Aids, Training and Technical S±rvices and shell furnish Mainionarce Service with respect To thr Equipment. EQUIPMENT LIST ITEM TYPE GROUP OC iIP TION NO. OF NO. No. UNITE 01 3029-96 A 90/30 - 131K 01 02 F1622-00 A Storage Protect 01 03 F1623-00 A Micrologic Expansion 01 04 F2089-00 A Internal Multiplexer Channel 01 05 0716-91 A Card [leader - 600 CPll (96/80 COL.) 01 06 0776-00 A Printer - 760 LPII 01 07 F2216-09 A Print Cartridge - 64 Char. 01 08 F1621-00 A Integrated Disc Adapter 01 09 8418-94 'Disc Storage - 57.8 MB 03 it 10 5045-00 A Uniservo 10 Control 01 11 0870-00 A Uniservo 10 01 12 F1625-00 A Communications Adapter 01 13 F1826-00 A Synchronous Line Adapter 01 YEAq Or PAYMEtlT TERM PATE 75 , fS. 51 1` , i SCHEDULE A PURCHASE PRICES Iv P[ Vrll, Cr tl_Il flb T20 PURCII. 7E Pq'C P_ PVR f, 11. SF. CRIC 1 1 ! .1 3029-96 $116,600 5118!8200 i ~F1622-00 720 03 01 F1623-00 4,560 4,560 12,480 04 l11 F2089-00 12,480 22,208 05 01 0716-91 20,208 40 800 06 01 0776-00 40,800 1,440 07 01 F2216-09 19440 12,000 08 01 F1621-00 129000 40 09 03 8418-94 22,080 66,2240 I 10 - 01 5045-00 12,192 12,192 I 11 01 0870-00 11,376 11/376 12 01 1:1625-99 900360 99360 13 01 F1826-00 912 912 I TOTAL ► $311,088 'SABRE OttMNUMBEPS A! EQUIPMENT LIST ANDSCNEDULE B I I I . ' I ' TERMS ANDCONDIIWI - 1. -DEFINITIONS Pal Period of Mairdena"re as sr-hedulvd for Ihn same day Addi• The following terms shall have Ihr meanings set froth below tional charges and orl,er lams applicable to the extruded period whenevrr they are, used in this Agreement, including the pre- of mainlnnancr ch,dl hr in acrordrncn with Univ,ic's standard ceding Palo. puhhfird char jrs and lerens in effort at the limn such extended (A) "00cumentation" shall mean the then cunenl slandaid visa- prrimdmfeiahdpnmceissrhrduind. ally readable materials published by tintvar for Customer use an) y Pon Il11lprriod or,msamrlrnance en rrr( vlnlyd nrvrthe Cos or be tordanc9 with with the Equlprol' for the rimtho he Aids modified suh'rrl.ln n 1x m "Equish mean an all of r Items listed s Ihn Egttrp Univac's S1.1, lard uhlr ~hr t Prams in rHer tal the lime meal Schedule'edule OI is le Agreement as mn4ihrd by any slipP rmrnlal (r) Whrir rrmrdnl niaintrnonce srrvice is empnmenerd during Equipment Sminq a P+e Princ';oat Prrind of tAamicnance and is rnntinnrd beyond the Proctir (e) 'nes, limminq Aids" shall mean vfile ii VI iiynrns, rotrtinrs ,isaled Prim al Perind of Ma,ntrnance. no additional charge shall be iterns 'h Unilees, tompdrrs. cofm1ng sy'ICms, and tr made unlit the lime worled after the Principal Period of Mainte- tem wh cva c announced or mayy for use rn f by or CulhrstEom m r-ers "ante rxrrrds the limn worked imrnedialely preceding the end maul while this A grcmrnt i! in plfecl, for us o(the Principal Prnnd n!l;tainlonante. Where rnmedoal malnten.inre is requested during the Prineh without additional C7,1,1190 (d) "SdP" shall mean the roan or rooms within which each unit (1) l Period or Maintenance service is re IS begun ring the Princt- Or Equipment is to be Inslarte at the address designated on the Period of Maintenance a maximum of one (1) hour of actual precedingpctasg'e. shall conning of the Equipment, Documentation, service limp shall be allowed without further charge Service (arau Pr) o `gramming Aids, Training and Technical Services described beyond the one (e) hnur allowance shall be charged for at the appticahte Univac standard hourly charges s and d in n accordance In Ibis Agreement. with its lmms in effect at the lime t. TERM OF AGREEMENT (g) Where Equipment designated as Group (c) in the Equipment List is inslallpd at a location of the customer which is more This Agreement shall become ellectiva on the dale it is ac Ihan 25 miles beyond the city limits in which a Univac Mainle- cepled by Univac It shall continue. in effect for an initial term of Hance Service Office i4 Incated, the Customer shall be charged rates for the lime of yepaarscihslaediten d on Sectitheon 1{ac0 e of (h) for this e6Agrnmereemennret,mslarnt rtin of q from the date al the c rvi Univac scimted, the S MonthlyY Lease prablo hourly of the 25 mile a of Charges for the first unit of Equipment instalnd on, er this titonawudarle poi n nnvl ln in c mrr s virgiunt la in n rt limit AOrrernnnl which is lisled in the Eei.npmr"1 List on Ilse nllorlivn Extr I"C•wiRe rx •m.s,lY f'+ow!1ed in peragr,aph5 In) and date of this Agreement This Agreement shall continue in clrrs. ( h) pl 1a O after the initial term until Irrminaled or cancelled in accordance (Tlaoiethis Sedroll 6, if V [rnishthe bPtiiod yL Pala Se f annlremedial with ihP provisions of Sect ion l6. shall he suhiofI In Llnivacs standard charges 3. INSTALLATION AND SITE PREPARATION and trams then in ellrrl nPplirnbro to the Equipment serviced. Written installation planning Instructions or specifications will hl The Cuslomrr shall provide, of it,: expense, lot use of Uni- . ities as be furnished by Univac elivethery Customer dale of a the t lead thiipmern t I he hn e Cdauys- s E vacqui'sffor maimn.tenidrqance ua Pteerwotsonknrnel g and and irasorstorage space ace and facilities cil to the I rime to the scheduled del comer shall prepare the Site in accordance with such ins ructions may he ncedarl by Unvac in order to Provide proper maintenance or specifications and lead maim dsl's prior to the aodwith SrTrvicPheofCuthestomerEquipmcnl shall be responsible for the use. care and delivery date and shat) maintain n the CL t accordancnce with cleanin of the Equi ment in accordance with InstrlrUions fill- full Instructions or specifications. The ter shall assume niched h Univac. Wlien a need arises lot ma~nlenance service toll rnsp onsibility for, and shall furnish h the e necessary to ni the Customer shall notify Univac's maintenance personnel Im- required }or, placing the Equipment in position in the Sitr. Uni• mediatrly. allow toll across to the Equipment and release the vac shall Install the Equipment and shall certify in writing to medarnrnlloo bilocesstto theservke. the. Customer when the Equipmanl is ready for use. (k) Condit for Inopcrativr Equipment REMOVAL AND RELOCATIONOF EOUIPMENT Ill If Unlvoc is unOhle to restore a unit of Equipment to op- crating condition and it remains Inoperative (which Ineppera- The Equipment shall not be moved from, nor mPos'di0ned live condition is relcrrrtd In herein as "dnwntimr) for a within, the Site without Univac's prior written consent, which period of twelve (121 or more consecutive hours during Iwo shall not be unreasonably withheld. consecutive Principal Perlods of Maintenance or for a total of eighteen {18) or morn hours during any twentyy-lour hour S, TERMS OF USE ppeeriod. a rrdit well be, allowed except for downtime result- a) Payment of the Monthly Lease Charges shall enhlle the Irig Irom any fault or negtiy ace of Customer of from sched• customer to use the Equipment. and sov.i Documentation, Pro- bled Preventive t ointenance of Cu shall gran! a creed-lwac grammin9 Aide and updates as are lami,hed under the provi- for each such full hour of non ex Uriled downtime in t amount stone O{ SCCtIOm 8 and 9 for any and all hours during such month, Of 1120th of thn total monthly rent and maintenance charges exclusive of time required lot preventive and remedial mainte• for lho innperalive, unit The credit allowance for each such call unit of Equipment shall not exceed W(Iih of the total monthly t "If Supplies, and devlces used with the Equipment shalt conform tease and maintenance charges for the unit for any cafe-ldar tonlvac secilieations. day ` (t) fn addition to the Products, any Ltlrer item lurnished or serv (21 11 Univac is nuliliCd of a malfunction during the Principal ` tee perlormed by Univac for the Customer in furtherance of this P"rind of Mail notif i e, downtime for each incident shall al ' Agreement, although not Specifically Identified In it. shall none- measured hum the time the Customer requests immediate theresshecovered bythis Agreement rnalnlmmnce service and rafrases the Equipment to Univac EOUIPNIENT MAINTENANCE SERVICE lot maintenance service and slall continue until the Equip- mint is returned to satisfactory operating condition, exctu- Se Urvicenlvatoe shmaintall ain the provide preventive and remedial rating con- n- sivrolaclualua,)eltimnlotheSde (a) s Equipment In satisfactory operating (3) If Univac Is r ,lifted of A malfunction outside of the Prtn- dition. Preventive maintenance shall be performed during the cipal Period of Maintenance. and the Customer requests Imme- Principal Period of Maintenance except that in the case of Equip- dials malntennnca service and tetrasm the Equlpmenl to Unl• meet designated {m the Equipmanl List as Group (A). preventive vac for maintnnance vice n downtime toe each incident shag lime that The Univac maintenance serv• maintenance may be performed at such times as may bra Agreed he measured from the Service, } upon by authorized rey annlthe d of the of Prev Univac shah We rtorsnnnet arriva At the Sile. or at the Commencement nl nI'lAnce. mine the haquen end ho duration of preventive mainte- the snhsnquenl Principal Period of Malnlenance., whichever onc occurs first The ntonsuirmnnt Shall col Moue until the Equip- it Pay mall of t r case Monthly dial n mWi Charges shall ur- n+cnt is rettnund to satislactory operating condition, extlu. tlls the Customer Ira on-call remedial mainbinancr, Service due- sivp of ncti of Ir,Ivel limn to Iho Sde If Iho service lakes Ing the Principal Perell of Maintenance. Ttin Principal Period of p+ace at a lime outside of the Principal Period of Mali t I maintenance shall eorl of the same consecutive nine (9 hour nonce, the provisions of Section 61h) shall apply in respect r~(Oda per day as identified cn the face of this Agreement, be- tolhechargea(or such service. {wlien the hours of I a m, and 6 p.m„ five 15) dl 5 par week, Monday througqh Friday, excluding holidays In addition, the term "Principal ForOd of Maintenance' shall be deemed to Include T• TAAININOANDTECHNICAL SERVICES ' any abproad period of scheduled extended maintenance service Univac Shai prouvidemthelfollowl gllwithouloaddeionaaal charge to) Fill availability. A in the whilelhisAgreemertisinelfecl. f Fcr suph Equipment as is designated aged la Group 1 qupmenl List , Unlvae, upon thihlrl (30) days prior written tor- (a) Training for a reasonable number of Customer's mpOra}ing9 quest by the Customer, will extend the period of scheduled on-, all and programminq, personnr' at courses held on a regularly schad- malntenanee availability. The periods Inel+tded in any Such 0x- ulod hasis At a Unlvac training center, with the travel and living tiril t duralb^ind shall Immed ai ty precede and/ortfollow the P inci mentnbetween authorized (representatives olsshe partied ntraiining I ONE 1. ' 7 10 Melly Advice and a and eda ante Site, •(D) n:asonnble Into increments and in no event will the Customer Advice guidance nce Concerning (i) the implrmenla lion of charge Univac for such system rse the Eglnpnlrnt, pq review and improvements of existing Univac Data Processing Systems and (m) IN? devi loprnenl and .mple- 10• CHARGES rneniaUon of new systerns involving Unlvar,'s equipment la) 1lie Customer shall pay the Month! Lrase Charges and Base Moollrly Mainlenance Charges, as well as ,it othol charges pro- S• PROGRAMMING AIDS AND DOCUMENTATION vided in this Ayreer+irnt. within thirty 1301 days after date of in- (a} Univac shall luupish to the Customer the tloglarnining Aids voice. The Munlhly terse Charge for each unit shall be deler• and Documentation listed In Schedule C. In addition, wfnlo This mined by rn uluplyiny the Munlhly Hent shown in Schedule D for Agreement is in effect, Univae shall 11i suds Progiaminr ig such unit by the Payment note shown up) the lace of this Agree- Aids and Documentation as are then available wdlloul Cl for mcnt for the then prevadinq Year of lnnn for each such unit general use and as are requesle-d by the Customer, grid in no Tlie then pievaduig Year of Tecrn for such i fill shall be compulvd event shall an additional charge be made lur surh ProgrBrnnimg from the cummencemunl of Monthly Lease Charges lot such Aids or Documefilafiun the Progranttmug Aids and boctururn- 01 tation referred tom Sections 8 and 9 are deemed to bl !hose lhnl (b) Mo ilhry Lease Chmyes and Base Monthly Maintenance are described in this SBeI1U11 1 If the Cuslomer sU emu, 5N, Charges will commence, as to each and of Equiprnent. on the Univae shall provide several copies of Documentation pruvie date such Equipment is installed and ready for use as certified hereunder in satislaclion of the Customer's reasonable re(Iuire- by UF11V.la, and will be iiivurced monthly In advance In the case mortis. Univac reserves the light to alter the designations of any of Prrviuusly InOallcd Equipntrnf, Monthly Lease Charges and Programming Aid in order to Iellecl modifications or changes Irt Base Monihiy Maintenance Charges will Commence on the dale policy at support requirernonls during the lilt of such Progiain• Thal this Agivenirnl 45 accepted by Univac. The charges do not ming Aid. Include, arid ]tie Cuslomer assurnes plc test of (1) supplies; b) Univac hereby grants to the Customer, and Customer accepts 121 painting or refinishing the Equipmer+l, (3) movement vl any Imil of Egmpmcnt or pall lhewul, and t4l repair of damn a to the rom Univac, while this Agreement is in elfect, a personal, non. Eq wVnwrit, rncludin no lacernent Of q transferable and non-exclusive tease, to use Iha. Pro- g p Vurls, resetting }rum the grammrn Aids dcsi natod b Urovac'as Iau11 of the Cuslomer of causes reasonably with,.n the ':uslomer's ~ E 9 9 y proprietary only on ire Control. quipmeril and at the silo and to use relaled Documentabon The (r) The ehargos do not include any federal, stale, eounly, local charge lot such lease is Included wilhin the Monthly Lease or other lakes howsoever designs led and whether levied or based Charge, except that the Customer shall suvpfy the necessary upon such charges, this A reement the Products or their use, media or shah pay Univac its standard charges lot media g which Univae supplies. or tiny service or p,vls suppl1Vd herc•u nder. Any taxes or amounts let c While this upplienenl to in clfrcl anU theleaflur. the Pea if) lieu thereol and Inlerrsl the•IOon paid or payable at any time gg ramnung Aids dc-signaled by Ill as proprietary and rclafrd by net iexclusive of personal prupal ty taxes and taxes based Documenlation airci the Ine,nnation rherrin art, the property of, on eel income ahallbe home bylhe CvslamCr. and are proprietary to. Univac. The Customer shall kr-eg of (U) ETrip. 11011 Monthly M to change e y [Jinvy re n Chi fo any dais confidential and protect the contents of such Programming prior qui rpi]fment hpiaeutse to t uho the customerby lac• at the thirty ( end d days Aids lheleol from unauthorized disclosure by its agents Cop. (1) year from the dote of eum , , n rif of a a one any hoil of such charges }or ployees or customers The Cuslvmnr shall nut copy in whotr, or each such and of Equipnrant, and at at any we thereafter. In part the Programming Aids or Doc imento lion in any visual or (e) II this Agreement continues In effect heyond the initial term machine readable loan, except to the extent that such copying is specified in Section 2, then (f) upon whtL•n notice given by necessary to( the process of corlecf,rlg virwrahng or moldy llmvac either lliilty f•3fq days pour to the co 1 of such' Won or ing programming Aids or Documentation for the Cusiorner'r own at any time thelea ter, the Moolhly Rent for any unit(s) of Lquip- ose Cuslomer agrees that it will nut sell disclose or otherwise rient shall be subject to change by Univac, a tective at the end make such Programming Aids or Documentation. Including ma- of such period of notice; and 12) the then prevailing Payment chine readable reporducbuns thereol, available IQ others Rafe shown on the face of lhrs Agwomrnl apufopriate to such Id) The Cuslomer may modify or adapt any Programming Aid or nail(s}shall remalnpit elect for suchunrtfs) DDocumenlation for its own use and at its own exlh use to meet (y when the Equipment is installed Ior a haction of a calendar its specific requirements and permission to make such niodifi- month, Ure charges for each day shall be computed at the late cation and adaptation Is hereby granted However, the conditions of 1,301hollhen,onlhfychargas and Charges In respect to Unlvac suppurl, if any, of Such mode. (S) The charges do flat include any blaspo,lalion costs and the licalions or adaptations shall be subject to a reen ent between Customer will pay ail transportation, rigging and drayage the parties Any portion of Ilia Programming Aids Or Docuinen- Charges upon the Equipment and packing cases, both Irom and to Callon Included In such m0dilication or adaptafiun shall be subject Univac's shipping and!or consignment ppoints, or any such charges to the same conditions and limitations as have been designated resulting from any changeSinlocallonolthe Equipment. herein for lh a original Programming Aids Or Documentation (e) Univac shall advise the Customer in respect to the appropri- It. W/yRRANTY ate use of the Programming Aids in the Customer's operations la) Univac warrants Ihaf the Equippment when Installed shall be The Cusirneer assumes responsibility lot the supervision, reefrom defectsinir,terlalandworkmanship, management and control of its use of Ilia Programming Aids, lot Univae furlhtr warra its that the Equipment shall remain in Documentation, modifications and updates Iherelo including bet sallsfactoryopera~ingcondition, not limited lo. (1) assuring proper machine configuration, pro- (c) Univac's solo i ability under these warranties is described and gram Installation, audit controls and operating methods, (2) im- covered by the pro isions of Section 6 (k). plcmenling sufficient procedures and checkpoints to satisfy its toGulremenls for security and aceu"ac for inpul and output as 12- ALTERATIONSANDATTACHMENTS well IS restart andrecoveryfntheevenfofymalfunction f.11 Tho C1161u1111: m,ly. wltfl the (prior wfiliun consent of Univac, li-w nun Univac ,dlac m emts. ft!"thires. Or (h'viCra on or with the 9• PROGRAMMING AIDS PRODUCT SERV}CES Equipment and "nay make altelatons to the Equipment Suuh afoahuns or artachmen 5 vi.rill tic reiroveti by the Customer rm• a} Univae agrees a furnish at to addibonal charge, while this Ploliately Prior to rental termination Alter rental termination greemenl is in eHct, any updates to Programming Aids which llmvar• will vesture the Equipment to its anginal condition and Unlvac has lurnished to the Cuslomer and which Univac furnishes cunl,gurabun exdvdntg ord,nary wear and lear and charge the to other customers for their general use at no additional charge. cOSI of resforahUn W file Cuslumer 2IC) If the CuslOrl requests modifications to Such Plogramming (b) When such alterations or attachments ere trade by ilia Cuslo. Ids or to updates thereol, the condilions and charges apppropri- our or its contractor, or authorized a9en14 (1) The Customer ate to the modifications shall be Subjecl to agreement between shall be responsible for damage to the Equipmenl caused by or he parties esultin directly or indueclly from such alterations or attach. (C) Unlvac shall provide a correction service, at no addibonal cost meals; ~21 Univac shag be relieved of the obligations} specified fo the Customer, lot any significant error, malfunction. or de• elsewhere in Ibis Agreement, Including, without limitation, the feet, it any, in the Programming Aids which the Customer shall obligation for downtime credits which may be Incurred under the bring fo Univac's attention, Alt such correclions shall be made pprevisions of Section 6 (k), caused by or resulting directly or In accordance with Unlvae's then current Programming Aid car- fnd,rectfy from such alleralions or attachments, (3) Univac shall reclion procedures. not be held responsible lot defects In Programming Aids or fit) Univac does not guarantee the eflccliveness of efforts under. Documentation provided such defeats are caused by or result taken pursuant to Section 0 fc1 and does not represent or warrant direcl;y or Indirectly from such alleralions or attachmenls; that all errors will be torrectV (4) Univac will not be liable for any performance degradation of (e) When Univac performs services teat nl to this Agreement the Equ nmenl caused by or resuflmgg directly or Indirectly from Customer agrees to makeljl availlable et ieasonable timess and for Ior the! prope,f or ell cienteoperationnfof corvithe cost orseffort 10 morJdy. -any Programming Ails or f?orumrnlnlion affecb:d Icmer's Than rurrrnt (meal period, the Customer shall not be dnoclly or irdur ctly by sorb aberahons or Allnr-hmonts. If) ;v,1mrrd in make Stich payments and this Agreement shall he Univar, will not fin responsible for mainlrnanrn nt Ihr altrral~on I rrminalcd nrcnnfingly. or Altarhnrcnt. (7) The Customer shalt pay Univar, lot any 1-~ fr) Univar, may rtrrl, wilholit prryudire to any of its rlhrr fights crease in the cost or effort mlalyd to'mainlenance, srfviea for or eemrd-es, to cancel 'his AIrrrmrnl and, wnh nr without can. the Equipment, caused by or reSUllinq dirpOly or Indnrclly from crPalinn, rrpnsars the Prodiids it Ih(, Ci stomrr. upnn 10 darns suchalleralionsorallachments nolh,e, has failed in main payments due hereunder or has loilcd to perform any ,rhnr subs Linlol nblirlihon to he performed by 41. PURCHASE OPTION Ure Cuslomer under rh ; Agrrenienl Id) If, Filler the Cuslnmce has given rOPce of trrmimiron under puTherchase all or sCustomerelehlmay, units e oIllis f f ( the Age Eqrruiprnnmr rnl emai Rnte Ps u eff choarste he. provisions or Snrbon 16 Ih), Ihr Cuslompf Ards to retain the p of b Prodmi^, hrynnd the trnninarion dale. the rroducls may be 95% of list the ed for total each of ch We a MIhrontttillftrified hhly ly Lease units Charges Sr for ed Sulanrah rA minunil(sus! rrnlyd by Ihr Cirsromrr on a month In month basis at Univac's paid standard oar year monthly charges and under the eond,hons of rnl. this Agrrrment. rrrrpt Thal Sr`rtrorts 13 and 14 shall not apply (b) Purchase eretlios n accrued for or enl Equipment +is rrplaced r I f Purchase of ase Sec Section 14 shall not be applicable e to the the r repleplicing the and Univac shall have Ihr. nghl to tr-rminale this lempor,,n to pr Equipment Irntion perin,l bn Ibirly 001 days prior written ntliee(e) This option shall be exercised by the :4slornei's delivering to Univar, the then standard form or Agreement of Conversinn t7, lIOUIDATEDOAMAGES Sale duly executed by the Customer (d) This Agreement shall terminate, as to each unit so DLtrchased, (a) Equipment upon lheelfeclivedate ofsuch Agreement olConversion Sale (U Ii Univar, does not install all of the Equipmenl, ready for use. on or beforo the sehodulyd inslatlation date. Univac shall 14. SYSTEM EXCHANGE/EXPANSION OPTION pay to the Customer AS fixed and agreed liquidated damages (a) The Cuslomer may replace the Processor(s) listed in Sched- which Shan be in hoo of all other damages for SUCK nom ule D at any lime alter the expiration of Iwo (2) years from the r. StaltAtion. either $100.00, or (ii) for each unit of Equip- commencement or Monthly Lease Chargges As speedred in Section meni whether or not Installed. 1130th of the Monthly Lease 10 lb), provided that Ihr replacing ilnivac Processor(s) has a Charfla applirahle 1,e rarh Such unit whirhevrr is greater, higher Monthly nrnl than piAt of the rrplircd Prorvr, OI(s) and Im varh crlcrdir il.+y briv"n the schrduled inslallnlion date A new standard Univnc Exlondrd Lea6n Agrromrnl. oar tram of and Ihr data of irtnal uv,lallntron but in no event for more which is nquar to or grcarrr than the hulol term of lhie Agree. than lAQrnl,~ndardap: menl. Is nxerulyd for such replacement rvvcrssnr(s) In this (2) It hgrnd.tlyd roar+aoes;IPP+y nn a unit basis and it any items paragraph 14 (a), and in paragraph 14 (h). a Processor shall in or Gin ipmrnl art, irnsWird, ewuly lot use, M any limn and the all cases be deemed to Include the main memory of such Proces- Gin;tumrr usrs any such inxltllnd Arms of £quipmenl, nether sor liquidated damages nor any other damages shall accrue Against (b) The Customer may order an Add,lionat Processor(s) under any surh installed items of Egi,mment from and after the initial this Agreement provided Ihai the Processor(s) is functionally datnolsurfivw connected to and in expansion or the Eql iipmenl II such adddeenal (3) If the delay of instillation of all of the Equipment eonlinues Processor(s) is Installed within a period of Ihitly-six (36) months lot rrnfn than 100 days, then during UK, 30 day period immedi- afler the commencement or Monlhry Loisc Claigrs As specified arety lhereafler, upnn written notice, edhr;r Univae or the in Section 10 (b), the monthly Shargrs for such Processor(s) shall Cuslomer may leerninale this Agreemool without any further be in accordance with Unlvnc's standard puhtishrd charges then babililynnlhepart nlllnivac applicable to such Processor(s), shall comrnrnce it the First Year (4) The provisions of this Sertion 17 shall only he applicable Payment Rate and shall continue Ihernaher al the raymoro Role in to Ihn initial Egnipmcnt order. identified in Schedule 8 and not effect lot each successive year of inslallatlon, 11 such Proces M irplacement or additional equipment acquired tinder-the sorts) Is Installed allot the thirty-sixth (;10h) month, the mowlill provisionsof Section 14 heroin or otherwise. Chafgrs for such Processor(s) shall be In accordance with Ib) Piogfamminq Aids Univae's standard published charges then applicable to a one- If Univar does not deliver Ihr programming Aids fisted in yyear rental lot Such Processor(s) Schedule C ready for operation in substantial conformance with (c) The Customer may replace poriphr-mt Equipment Gslpd In Univac sprcificalions on of before the delivery dates specified hedute e 13 with functionally comparable Univnc Group A or d in Schryeluln C the Customer may, of its option, delay the equipment provided that the replacing equipment has a higher schrdUlyd instathlion dale lot the Equipment and ilnivac shall Monthly Rent than that of the replaced Equipment pay the Ce sloe,cr hied and Agreed liquidated damages In the (d) The Customer may order additional UnYVac (Troup A or R pe- amount of f IDO 00, irreAprctive. or the number of Programming rlphefal Squlpment, provided that Such Additions are lunchonally Aids undelivered, lot each calendar day betv,cen thedate speci- connected to and In expansionof Ihr- Equipmenl, At any time during lied in Schrdid,,C and the dal of drhvrryof such ProgfAmming the term of this Agreement. Aids, but nor for more than 180 dove. In tiru of all other dAm- (e) 11 the roplaermnnt or additional peripheral equipment Is In- ages for non-delivery of Proginmmin- Aids II Univac pro- stalled within a perm or thirty-six (36) months after the com- rides suitable si kIllU es Of Programming Aids Acceptable to mencemerl of Monthly Lease Charges as specified 'n Snclion the Customer, liquidated damages shall not apply; provided, 10 (b), the monthly charges shall be in accordance wtlh Unlvac's however That toQrodaled d• inoges will AnDDly If such subshtuted slandaid published charges then applicable to such peripherals, programming Aids are provided later than the delivery dale shall commence at the First Year Payment name and shall confirtue specified in chrdule C Nnither hgtrldated damn rn nor Any Ihereatlnr at the Payment 'Amon In rlfect for varh successive other ILIOI qrS for Ann delivery of I`logFamming Aids for the leaf or Instgflatlon, rf the -eplocernrnt or iddilional prnphprats Fgiripment shall apply for any day on which liquidated damages are Installed Alter the Ihufy-sixth I month, Ihr monthly for non t4ins1AtMiomOrEquipmnrda•.crues thatg~s for such perlpphetafs shall be in accordance with Univac s (c) Site lho cSilr. At is n not err standard published oharges then applicable to A one-year rental 11 pared at IrAal 15 days pilot to the for such peripherals Sched 4ed dr-livrfy darn of the Equipment (fefetr a to herein (f) The term of Any replacements or additions ordered under AS Ihe'schrdule Si1n preparation daloAthe Cuslomer shall paragraphs (bl. of c) or (d) shall exp'ro with the termination or Lorin Uilivar. Charge aunt o isal to 11301h or tSIDO he Total f Monthly Ihis Agmomcnt( 9i as (q) The Monthly Charges for all replacement and additional is Irratef, lot each day bolwrcn the scheduled Site prepara- Equipmenl shall commence at the lime Iuch Equipment is in- bon date And the achlal Sile preparation date, but not to ex- staued. ready Pot use. cr, ed l AO calnildar days Jill Rr lacements or additions ordered pursuant to this Section (d) Customrr0irrctrdChangns 4 shall be subject to avarabitily and It, Univac delivery Sched- If any change, that Is dirrclyd by the Customer requires a Inlet ules then In,Meet. Installation date olanyunit or Eruipmenl and the Cuslomer has failed to notify Univnc of sar.h change al feast 90 days prior 15. EMEROEP.CYEOUIPMENT to the inslMlahon date., the Custornrr shall pay Univac an Univac s1r.all assist the Customer In obtaining use of Univac 11 mounl rquai to 1130th of the, Total Monthly Leann Charge as equipment compatible with that used by the Customer to n)erl shown on Schedule 13 or S10ot)tl, whichever Is greater, for emergency needs, The charge for such use, it any, shall be as each day befArrn lie SCh:nhrled installation data and such later egteedbetween PuthorizedrrpresenlAtivrsoftheparlies inslallahon dale. bid not to exceed 180 Calendar days. in lieu of all other damages in respect ;o Customer directed charges. 1}. TERMINATION, CANCELLATION AND REPOSSESSION (e) L,to toms (at Either party may, upon thirty 130) A:rys prior wr Itoo nonce (1) oilher Unh,ac nor the Ct.s!omer shall IN! liable for Iiqu1- f, eAncel Any unit or units or £grliprrrnl. elf.rrlive it the rod of the dated damages whrm defAys Ails, out of causes beyond the Initial term or this Agreement, or it any fimr Iheir,allef T his cooliol and without laud or negligence of the party elafming Agrormenl shall IerminAle upon rrncr6Aw-ri or Ilrr tasl unit of the benefit oflhlsexceplion. E (Pippmcof t2) The Customer strait not be URN,, lot liquidated damages (bj Irthe ovmnmenlal trodY appropriating funds lot the Customer undrr Section t7(c) and 17(d) during the Mme periods of time does mot allocate funds needed to mast navmoh'4 beyond the Cus- with respect to rhS4ameEqurpmrat \ rs.p"~Tif~ r SCHEDULE 8 MONTHLY CHARGES F1}[\1 r10. 01 IVIE IPI11 lr rl\Wn Pwll nl'1 LfrF Ufl n\'.f \•ON INII "Ow rN1• N'\IMI •1(w ♦N if V\14r NO.' Vnl }S 111NDEn M0r4 nH.v n[r1T Ilrwl nruer rNellrtl. O1 01 3029-96 $2147S $2147 $480 $480 02 O1 1.1622-00 15 1 - - 03 01 F1623-00 95 9 16 16 04 O1 F2089-00 260 26 44 44 05 O1 0716-91 412 41 102 102 06 01 0776-00 850 85 -0200 200 07 01 F2216-09 30 3 - - 08 O1 F1621-00 250 25 55 55 0S 03 8418-94 460 1938 93 279 10 01 5045-00 254 25 70 70 11 01 0870-00 237 23 66 66 12 01 F1625-99 195 19 38 38 13 01 F1826-00 19 1 7 7 r, ,I 1 1 I it . TOTALS f' 6 4 i r. [11 357 jr I 107 Al MON IIILY RLN1 i. MAINTENANCE SERVICE FROM EO AND DASE MAINIEN■NCE CHARGE 1, PRINCIPAL PLRIOD OF MAINTENANCE . ADDITIONAL MONTHLY }.OPTIONAL SCHEDUI. TO 0800 1700. CHARGE FOR EXTENDED Pr14 TOP O EXTENDED PrM .wil. GROUT' A EOIll PMTNT 'SAME AYES NUMBERS AS EOUIPMEMI TOTAL MONTHLY $7,838 CHARGE ' LIST ANO SCHtOULC A i SCHEDULE C PROGRAMMING AIDS' 11 IT CPA NO. D[lCi+~P 110N OElIVE11♦ DA1[ I I 1 r r r I I I I I 'UNIVAC SHALL HAVE THE RIGHT TO SUPSTIt UTE FUNCTIONALLV EOUIVAL£NT PROGRAMMING AIDS. I Ill,- PATENTINOEMNITY 11I1S AGIIEEMENt. SHALL BE LIMITED TO THE REMEDIES `I/nlvae shall, al its etpanse, delend any slid instdiAml against I'HIIVIUEOIN`,(GTIIIH`d9 I1(n)ANDI80F 1111SACAREENIENT ilia Cuslnrner and Indeninily the Customer aq unsl any awed of damages and crisis made ogainsi Ihn Cn]b,nvn by a bled ludo) 20. GENERAL PROVISIONS mnnl of a Cuml lit last resurt in ally such stilt insotor ns Ili, sanm Ir) 11111! to If,-, Eghupnnent, Progiamminq Ards designated by is based nn an elainl I]hal any of the Lqumnvmf f. on!,nl. rtes an I7rnvw; as p olirw1uy and n!Irlled Oocurncnlaliun shall remmin Infringemer,l OI Iny United Stales Lepers Irafcol, pi OviHed the with (Novae All Ey , inenl, devices. accesso6es and Plogram• Cuslomer gives UnlvaC mtlnComtC nulIC0 m wnhnq ul II141 msli rinnry Aids dcsiynltoi by Ihliv,ic as plupoutary and all (0,1ted Iulion of loch still, pCnnds Univ,lc lu delend fill, sim.- .mJ gives OueurnenldtiOn and ul,d.0r. 111mulo, hunishrd by Unhvae, excepl Univac oil amilabla mfurmr ''m li-iiwitice and ❑ Ilhufily I un- for Ihrose ands ul Lgmpinent ollO amd try fhe Costumer, shall able UWican to del So. Unyia .11,111 have control ill the Jofgnsn of 11 corlwmiy the unpuiehww Lquiplnrnl when rchuned to Un1vac any such still Includvig appeals And Of alt nuquliahuns lot, Otch,o. During the period the Tqulonicnt is fn lransil or in Ilia pusses. mg the Aunt in ellccl. solllCmrnl of Complnrnl;e tht.feuf In Cain stun uI Iho Cutiloillcr. Lh,IV,Ic and its Insurrfs, if any, shall to- hny OI Ihn Egwprnunl is in day sir h snot lwl•I lu I. nnsldutu in. Levu the Cu:Juiirr of res{mn!ilbddy fol risks of loss or damage li ngr.tuuIf and its use is enjoined. Univnf. shall at its oplun and In the EyluplncnL o+eept fur loss uI damage caused by the (;us- CxpCnsC II) procure lot the Cuslomer the fighl to f,urd tow. usulq luinor' snoglig-all.C the Equipment; or (2) uplocC or nlodlly Iho same su Ihot 11 be (h) Nvhlhor Pally shall he liable of deemed 10 be In defaull for comes nominflingin9 or (9) remuve Thu same and c:ulccl any any dcl;ty ur lailme in pc•rtormance undue this Agreement or fum chm(e1as perlaadng thelelo l hownvvr, shall have no Imm"uplio I of service tesulhnq directly of Indirectly train acls Ilahdity to tho Lruslonur II any such palrul infnngemenl or t.L•um of God, civil or nuhl;oy autfiovdy, acts Of public anetny, war, thereof IS based upon Or ariseS uut of I I I complamce with design, null frill Ihslurhanus. msuneulwus. accxtems. fur., explo- plans, of specifications furnished by or tin hrhall of the Cllstomcr slims, e+utbgih,Ikus Ilnuds the elomcnts, shi&us, labor dlspules, Its to the Pluduclll of (2) Ilse CSC OI the Equipmenl Ire cornbinahon 5huhla.IuS 01 9uitilblc 11,1415 fllatelhals. labof or hanspurlallun, I with appa4atus or daHCas not supplied by Unrvac, or (91 Ili,., use al, ;10y olllcr 61115179 boyond Ihn seasonable conlrul Of such +I of Equip^!nl In a manner fur which the slime was nndher de• p,uly Signed not cnnlemplatOJ, or (A) Ilia claimed Ili'ingement of any Ice Ili(, Cu~lurneo shill unl assign or otherwise transfer its ppatent in which ilia Cuslorner ur oily ilfili ite of subsidiary OI ngbls ur obllg;itions undut this Agreement, except with the ilia Cuslomer has any direct or ufdiruct i4deresl by license or wlilfeu Cunseliul thuval and any prohibited assignment shall be otherwise The forenoing states tho online hahddy o Univac for, null and void Univac shall have the right to assign all or part orlesulbngfrom, palenl infringrnsenl or Bairn lhcrcol of Ilia payments under this Agreement. or to sell the Equipment, subject to the Custnmel'sfigldslisveunder. 11) This Anreanscnl shall he guvernad by the laws of Iho }uds- 1% LIMITATION OF LIABILITY dichunIn whichlhrCustonwo hasnsprinLipalofllca. EXCEPT AS HEREIN DPRESSLY STATED, THERE ARF v0 ;1-) This Agocerment cunbhtutos ilia r-nhre agreement between WARRANTIES, EXPRESS OR IMPLIED LIY OCERAIION OF fhe l,ahlws will, reaped to Ilia subject made; heieOf and shall LAW OR OTHERWISE, OF THE PRODUCTS RENTED Olt SERJ- supessede all plcvruu5 pnpusats, both oral and written, negoli• ICES FURNISHED UNDER TIIIS AGREEMFNT UNIVAC DIS- alhons, reprnsrnimiuns, eornmdmenls, writings, and all other CLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY communications between 11l,C a' ties It may not be released, OR FITNESS FOR PARTICULAR PURPOSE INNOEVENrSHALL discharged, changed or modified except by an Instrument In UNIVAC DE LIABLE FOR ANY INCIDENTAL. INDIRECT, SPE- writing signed by a defy authorised represenlafive of each of CIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION W1111 Iho parties Tho terms of this Aglcemenl shall prevail notwith- OR ARISING OUT OF THIS AGREEMENT OR THE EYISTENCE, standing any variances wish the terms and Conditions OI any older FURNISHING, FUNCTIONING OR THE CUS'c]MERS USE OF subrnitl,JhylhaCusloner ANY ITEM OR PRODUCTS OR SERVICES PROVIDED FOR IN (f) No action, mgardless of form, arising Out Of transactions THIS AGREEMENT 1HE CUSTOMERS SOLE REMEDY FOR occurring under or conlainpratad under this Agreement may be LIAB!LITY OF ANY KIND, INCLLWD NG NEULIGENCE, WITH n°_- brourhl by either party if ore than two (2) years offer the Cause SPECT TO THE PRODUCTS AND SERVICES FURNISHEDUNDEFI 01 action hasaccruod 10, See Change Section 10 Attached, 16, See Change Section 16 Attached, j i nxsa. tco ' 1CCEPTANCE 111991 111 UNIVAC aIVI1104 OF {PERRV RANG CORPORATION, CUSIONIER ACCEPTANCE Of II ACCCRf ANCE sv 1TV01 %,MCI 4r.a 4.v,nl James W. White 1- 74 .IdATY{{ r e Ii111~F~ aruhrt Part OOHTROEEER OF FIELD OPERr1110HS ('17~ rllilrFR~<R TrT{E TIT.{ City Manage • Ji .4 ♦ .1.x..1}.llV ~4} City of Denton STATE & LOCAL GOVT. UDI-794A SECTION 16 CIMIu;S (a) Either party may upon thirty (30) days prior written notice cancel any unit of Equipment at the end of the initial term of this Agreement, and: (i) at any time thereafter, if the Customer has elected a month to month extension under the provisions of Section 16 (e); or (ii) on e,ch anniversary of the end of such initial term, if there has been an automatic extension, under the provisions of Section 16 (f). This Agreement shall terminate upon cancellation of the last unit of Equipment. (e) The Customer may elect, upon thirty (30) days prior written notice to Univac, to extend the term of any unit of Equipment that has not been cancelled by either party or repossessed by Univac, on a month to month basis subject to cancellation by either party upon thirty (30) days prior written'notice to the other party. Such election shall be effective either: (i) at the end of the initial term of,this Agreement; or (ii) on any anniversary thereafter, if there has been an automatic extension of this Agreement under the provisions of Section 16 (f). (f) For those units of Equipment for which neither party has exercised its rights under the provisions of Section 16 (a), (b) or (e), the term shall he automatically extended any number of times for a period of twelve (12) months for each such extensta pro - Sperry,Univab Acceptance Customer Acceptance ~ i By f By Titer- e PARKER Ti e SL t' i1J~lh A ! ~ Date Date l-'l7 "~-6T975-"- k , Agreement #6001527 City of Denton STATE B LOCAL GOVT. UDI-794A SECTION 10 CHANGES (e) If this Agreement continues in effect beyond the initial term !_pecified in Section 2: (1) on a month to month basis in accordance with the provisions of Section lb (e), the I Customer shall pay the Monthly Rent for any affected unit of equipment which shall be equal to Univac's then current standard one-year monthly charges for such unit of Equipment and a Payment Rate shall not be applied thereto; or (ii) as an automatic extension in accordance with the provisions of Section lb (f), the Customer shall continue to pay the Monthly Rent shown in Schedule B for any affected unit of Equipment multiplied by the then prevailing contractual Payment Rate appropriate to such unit, during the term of such automatic extension. Sperry,Univac Acceptance Customer Acceptance By s By. I P; 11. r. TitUTROUER OF, FIELD OPERATIONS 7 le i T Y 1744 n 4 r f% Tate JUL i 6-~nW6. Date r~nR, I • n, Ct~ ,ti Sr''-UNIIVAC BSBS N091N SIEMMON4 FREEWAY, SUITE 21 DALLAS. TEWAS 75247 TELEPHONE 12141 C37 11,200 February 61 1976 Mr. T. F. }Iopkins Data Processing, Hanager City of Denton 215 F. McKinney Denton, Texas 76201 Dear Tom: In an effort to help the City of Denton ease into the Sperry Univac 90/30 Computer System from your present system, we will provide you with considerable conversion support. Sperry Univac will commit up to fourOO man-months of on- site systems analyst support to assist you in the con- version effort. This support will encompass activities such as program conversion, file conversion, data con- version, job control conversion, operating training, education, etc. To enable you to take advantage of the 90/30's performance without impacting your budget, you will not be billed for the monthly rental for he first two months. You will be charged only for maintenance, or $1,350 per month. Tom, we are sincerely looking forward to working with you toward an excellent 90/30 installation. sin erel , Robert 11. Thomas R. A. Clovis Senior Sales Reprisentative Marketing Manager Sperry UNIVAC SPERRY UNIVAC BHT/ t.v 4Hfn110 1PArAr H; d pNg1 .-tM1 I1f nrr4,. nA7ln rnnrerl t .Z, . ~I DEED RECOR091 SPECIAL WARRANTY DEED f THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § 3665 That Thomas E. Noel and Fama C. Noel-Trust No. 1, acting herein by and through the duly authorized officer of the First State Bank of Denton, Texas, Trustee, of the County of Denton, State of Texas, for and in consideration of the conveyance and exchange by the City of Denton, Texas, of two certain tracts of land out of the Wm. Loving Survey, Abstract No. 759, fully described in an Ordinance duly passed by the City Council of the City of Denton, Texas, and other good and valuable consideration, the receipt of which is hereby acknowledged, has Granted, Sold and Conveyed, and by these presents does Grant, Sell and Convey unto the said City of Denton, Texas, a Municipal Corporation, of the County of Denton, State of Texas, all that certain lot, tract or parcel of land situated in the City and County of Denton, State of Texas, and fully described in "Exhibit B", hereto attached and made a part hereof, to-wit: vas 824 NacE.`(9 Z rrrr-r-rrrr rrrrrrrrr-rrrrrwrrrrr rr-rrrrr..rrrrrrrrrrrrrrrrrrrrrr EXHIBIT B" L VOL 824 VACS 180 " 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 Wm. Loving Survey, Abst, No. 759, and being part of Lot No. 10, Block B, of the Blount Addition, an addition to the City/County of Denton, and also being part of a tract of land as conveyed to Thomas E. Noel by deed dated February 8, 1956 and recorded in Volume 419, Page 318 of the Deed Records of Denton County, Texas and more particularly described as follows: COMMENCING at the Southeast corner of said Noel tract, said corner being the intersection of the North right-of-way line of Eagle Drive and the West right-of-way line of Wain- wright Street as shown by plat of the Blount Addition recorded in Volume 75, page 54 of the Deed Records of Denton County, Texas; THENCE West, along the South Boundary Line of said Noel tract, a distance of 8.0 feet to the point of beginning, said point of beginning also being the Southwest corner of a tract of land conveyed by Thomas E. Noel to the City of Denton by deed dated October 18, 1968 and recorded in Volume 574, page 108 of the Deed Records of Denton County, Texas; THENCE West, along the South Boundary Line of said Noel tract, a distance of 156.26 feet to a point for a corner, same being the Southwest corner of said Noel tract and also being the Southeast corner of a tract of land conveyed by H. E. Edwards and Mattis Edwards to the City of Denton by deed dated February 24, 1934 and recorded in Volume 246, page 350 of the Deed Records of Denton County, Texas, said point lying in the aro of a curve whose center lies North 68052901" East a4distance of 542,96 feet; "Exhibit g" - Page 1 THENCE Northwesterly with the arc of a curve to the right whose central angle = 1050105" and whose radius = 542.96 feet, a distance of 17,39 feet to a point for a corner, said point lying in the are of a curve whose center lies North 2012131" Wes, a distance of 275.35 feet; THENCE Northeasterly with the are of a curve to the left whose central angle = 32027140" and whose radius ■ 275.35 feet, a distance of 156.0 feet to a point for a corner in the North Boundary Line of said Noel tract; THENCE East, along the North Boundary Line of said Noel tract, a distance of 16,17 ''eet to a point for a corner, same being the Northwest corner )f the aforementioned Noel to City of Denton tract; THENCE South, 8.0 feet West of and parallel with the East Boundary Line of said Noel tract, a distance of 65.0 feet to the Place of Beginning and containing 5810 square feet of land, more or less. 1 ' r 11 r 1 1 1 lYOt 824 Pd6E 181 "Exhibit H" - Page 2 LVOt 8424 PAGE U TO HAVE AND TO HOLD the above described premises, to- gether with all and singular, the rights aad appurtenances thereto in anywise belonging unto the said City of Denton, Texas, a Municipal Corporation, its successors and assigns forever; and it does hereby bind itself and its successors, to Warrant and Forever Defend all and singular the said premises unto the said City of Denton, Texas, a Municipal Corporation, its successors and assigns, against every person whomsoever lawfully claiming, or to claim the same or any part thereof, by, through or under it, the said Thomas E. Noel and Fama C. Noel-Trust No. 1. And as a part of the consideration of said exchange, the said Thomas F„ Noel and Fama C. Noel-Trust No. 1 hereby waives and disclaims any damages to which it might be entitled, including interest, sustained to the remainder of the tracts of land owned by such Thomas E. Noel and Fama C. Noel-Trust No. 1, and not hereby conveyed, Dated this day of g0_Bo?kpeJ A. D. 1977. THOMAS E. NOEL and FAMA C. NOEL-TRUST NO. 1 BY: FIRST STATE BANK OF DENTON, TEXAS, TRUSTEE BY: - E TT KIRK, II0 ICE PRESIDENT, TRUST AND INVESTMENTS THE STATE OF TEXAS 1 COUNTY OF DENTON Before me, the undersignea authority, in ana for said County, Texas, on this day personally appeareu SENNETT KIRK, III, Vice President, Trust and Investments, of the First State Bank of Denton, Texas, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowl- edgcd to me that the same was the act of the said FIRST STATE BANK OF DENTON, TEXAS, a corporation, and that he executed Page 2-SPECIAL WARRANTY DEED I J the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein statr i. Given under my hand and seal of office, this the _day of A. D. 1977. ^7 Notary u lic, Dentoh ou to y, Texas My Commission expires: 4 Z277 4 14Fµ I Vol PAGE ~~J Page 3-SPECIAL WARRANTY DEED • 4 '~iUllGJ V° !Un ~ 3 ,pio,~ frr.,,.. "r s4! 6p P lrt ~ ~ , s r~I ~JT.~ i71At, p~'v1japJ J °t1.? 4(yn '~7usy~ Op Yale FACE 184 mi Cs .c- Cs 'I 06 t i 2f Cat s~ , rit.~ G t.~ ~Y- - A, NO. AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS CALL- ING AND OROV.RING AN ELECTION TO BE HELD ON THE 2ND DAY OF APRIL, 19770 THE SAME BEING THE FIRST SATURDAY IN SAID MONTH FOR THE PUR- POSE OF ELECTING THREE (3) COUNCILPERSONS FOR THE CITY OF DENTON, TEXAS, IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE II, SECTION 2.01 OF THE CHARTER OF THE CITY OF DENTON, TEXAS; AND ELECTING ONE (1) COUNCILPERSON TO FILL A VACANCY IN ACCORDANCE WITH THE PROVI- SIONS OF ARTICLE II, SECTION 2.04 OF THE CITY CHARTER; ESTABLISHING THE HOURS AND PLACE FOR THE SAID ELECTION; PROVIDING FOR PUBLICATION OF THIS ORDINANCE AND POSTING IN THREE PUBLIC PLACES IN THE CITY OF DENTON AS NOTICE ;;F SAID ELECTION; DIRECTING THE CITY SECRETARY TO MAKE UP THE OFFICIAL BALLOTS, CAUSING THE SAME TO BE PRINTED AND DELIVERED TO THE PRESIDING OFFICER; PROVIDING POR THE MAKING OF OFFICIAL RETURNS OF SAID ELECTION; PROVIDING FOR THE CANVASSING OF THE RETURNS OF THE SAID ELECTION AND DECLARING THE RESULTS OF SAME. BY THE CITY COUNCIL; AND DECLARING AN EFFECTIVE DATE. WHEREAS, it is necessary that nominations for election to City Council be filed not later than thirty (30) days prior to the date of election; now, therefore; THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS. SECTION I, That an election shall be held in the Community Building, in the Civic Center on McKinney Street, in the City of Denton, Texas, between the hours of seven o'clock (7:00) A.M, and seven o'clock (7100) ?.M, on the 2nd day of April, A. D. 19770, the same being the first Saturday of said month, for the purpose of electing four, (4) Councilpersons for the City of Denton, in accordance with 'he provisions of Article II, Section 2.01 of the Charter of the c;j'ty of Denton, Texas. SECTION II. (a) That three Councilpersons shall be elected to fill three places, Places One (1), Two (2) and Three (3), and the candidate who receives the majority of the votes cast for each place shall--\ be declared elected to that place on the City Council of the City of t6nton for two (2) year terms. (b) That one Couneilperson shall be elected to fill one place, Place Five (5), for an unexpired term of one (1) year, and the candi- date who receives the majority of the votes cast for that place shall be declared elected to that place on the City Council of the City of Denton, r SECTION III. That notice of said election shall be given by the posting of true copies of this ordinance, signed by the Mayor and attested by the City Secretary, in th.-ee public places of the said City, one of which places shall be at the Municipal Building, for thirty (30) con- secutive days prior to the date of said election and this ordinance shall he published in full one time in the Denton Record-Chronicle at least thirty (30) days prior to said election. SECTION IV. That Zee 1eA10Y - is hereby appointed presiding judge of said election, and e;" is hereby appointed as his alternate, and the said presiding judge shall appoint such assistants as may be necessary to properly conduct said election, as provided by the election cr)-°e. SECTION V. That the City Secretary shall make up the official ballot from the names presented to him by application or nominating petitions as provided by Article III, Section 3.02 and 3.03 of the Charter of the City of Denton, Texas, and he is hereby authorized and directed to have the ballots to be used in such election printed and delivered to the said presiding judge. SECTION VI. That immed<ately after the counting of the votes the presiding judge shall deliver the official returns of the election to the City Seoretary. j SECTION VII. That on the Tuesday next following the election, the City Council shall canvass the return3 and declare the results which shall be re- corded in the Minutes of the Council. SECTION VIII. That the candidate who receives the majority of the votes cAat for each place shall be declrared elected and the Mayor shall deliver certificates of election to the successful candidates. If two or -2- i1 r ' .'1 J J more candidates shall tie with the highest number of votes or if no candidate receives a majority of the votes cast for that place, the Council shall order a second election to be held on the four- teenth day after the first election at which only the names of the two candidates who receive the highest number of votes for that place or the candidates who tied with the highest number of votes at the first election shall be printed on the ballot. In the event of a tie at the second election, the tied candidates shall cast lots to determine which ore shall be declared elected to that place. PASSED AND APPROVED this the 15th day of February, A, D. 1977. Gu+^rW' ELINOR HUGHES,-MAYOR CITY OF DENTON, TEXAS ATTEST: SRUM HOLTO CITY SECRETARY CITY OF DENTON, TEXAS /APPROVED AS TO LEGAL FORM: PAUL C. IS HAM, CITY ATTORNEY CITY OF DENTON, TEXAS 1' t'. 1. jq 1 L C .r 1 V I I I No. 77 /5 AN ORDINANCE AMENDING THE CODE OF THE CITY OF DENTON BY ADOPTING THE UNIFORM FIRE CODE, 1976 EDITION, WITH CERTAIN DELETIONS AND AMENDMENTS= PROVIDING PENALTIES FOR VIOLATIO.:S OF THE NEW CODE) PROVIDING FOR A SEVERABILITY CLAUSE? AND DECLARING AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINSi, PART I. That Sections 10-1 of Article I, Chapter 10 of the Code of Ordinances of the City of Denton.. Texas, is hereby amended and shall hereafter read as follows: ARTICLE I. IN GENERAL Section 10-1. COMPLIANCE WITH UNIFORM FIRE CODE, 1976 EDITION, REQUIRED. The Uniform Fire Code, 1976 Edition, as recommended by the international Conference of Building Officials and the Western Fire Chiefs Association, copies of which are on file in the office of the City Secretary, is hereby adopted and designated as the Fire Code of the City the same as though said volume of such code were copied at length herein, subject to the deletions and amendments enumerated hereafter. (1) That Section 1.216 "Compliance with Recognized Standards" is amended to add as a standard the "Minimum Fire Safety Regulations for Child Care Facilities in Texas" published by the State Board of insurance for the State of Texas. (2) That Section 1,216 "Compliance with Recognized Standards" "NFPA STANDARDS" is amended to add "101 Life Safety Code". (3) That "Division III General Provisions APPLICABLE TO PER- MITS AND CERTIFICATES" is hereby deleted and all references *o "permits Required" throughout the Code are deleted. PART II. Any person who vl.olates any provision of this ordinance shall be deemed guilty of a misdemeanor, and, upon conviction] shall be punished by a fine not to exceed Two Hundred Dollars ($230.00), r , Each day such a violation shall continue or be permitted, shall be treated as a separate offense. PART III. That if any section, subsection, paragraph, sentence, clause, phrase o.f word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declargs it would have enacted such remaining portions despite any such invalidity. PART 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-Chronicle, the official nedspaper of the City of Denton, Texas, within ten (10) days of the date of its pass- age. PASSED AND APPROVED This the lath day of February, A. D. 1977. ELI NOR HUGHES, A t' CITY OF DENTON, TEXAS ATTEST i I SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMI & ~ i~a4 ..~2 PAI!L i CITY ATTOIMEY CITY Or DENTON, TEXAS IN r . r~ YARTlN 9(i~lonvr ao~ Da0u _ ~~THE STATE OF TEXAS, KNOW ALL nu:N BY THESE PRESENTS: I, ~ OUNTY OF DENTON DFE( RECcQRDS~ c~ That The City of Denton, Texas, muni tpa corporation of the County of Denton And State of Texas , for and in consideration of the sum of 2563 -----------TEN AND NO/100---($10.00)---------------------- DOLLARS, and othgr go~l and valuable consideration to it ~n andpa?by Alex Dickiee,, Jr.( Alex Dickie, Jr., Trustee, of the bounty D ckie Gault a,id Ch ran i Binito o11Ti Laney , the recelpt of which Dneton Texas is hereby acknowledged, do, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER QUIT CLAIM unto the said Alex Dickie, Jr. , Alex Dickie, Jr. , Trustee, Sarah Dickie Gault and Christine Dickie Laney, their heirs and 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, trwvcit. • Aft that certain 16t, tract or parcel of land situated in Denton County, Texas, and being a part of the Enoch Morris Survey, Abstract No. 868, particularly described as folloNs: BEGINNING at a post oak tree 16 inches in diameter and 13-1/2 feet South"of the original Northwext corner of the Enoch Morris Survey, said tree also being in the West Boundary Line of said Survey and of the M. S. Acuff tract of land; THENCE proceeding South 26 East for a distance of 406 feet; THENCE South 890 55' Fast for a distance of 1005 feet; THENCE South 490 15' East for a distance of 244 feet; THENCE South 73 ° 02' Eastfor a distance of 151 foot; THENCE South 491 52' East for a distance of 100 feet; THENCE South 150 32' East for a distance of 100 feat; THENCE South 90 53' East for a distance of 10 feet; THENCE South 20 23' East for a distance of 65% feet to the Nordh Boundary Line of the 20 acre tract of land ovoried by the City of Denton, Texas; THENCE South 880 East for a distance of 30 feet with the North Boundary Line of the said 20 acre tract; THENCE Nordh 20 23' West for a distance of 660 feet; TIIENCE North 9 ° 53' West for a distance of 102 feet; THENCE North 150 321 West for 102 feet; THENCE North 490 52' West for 102 feet; THENCE Nor(M 72 ° 02' West for 153 feet; THENCE North 490 15' West for a distance of 245 feet; THENCE North 890 55' West for a distance of 975 feet; THENCE North 20 West for 376 feet; THENCE South 88 degrees West for 30 feet, more or less, to the post oak tree 16 inches in diameter and 13-1/2 feet South of the original Enoch Morris Survey, and heretofore designated and called beginning, said road being 2359 ivai length and 30 feet wide and containing 1.62 acres of land, more or less, and being the same tract of land fully described in a deed from M. S. Acuff and wife, Mintie Acuff, to the City of Denton Texast, bearing date of May 28, 1923, and shown of record in Volume 185, 1 page 147 of the Deed Records of Denton County, 'T'exas. VOL 822 PAGE 101 TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privi- leges and appurtenances thereto In any manner belonging unto the said Alex Dickie, Jr., Alex Dickie, Jr., Trustee, Sarah Dickie Gault and Christine Dickie Laney, their heirs and assigns, forever, so that neither the said City of Denton nor its successors trot"------- hft- ror any person or persona 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- r. is hand M Denton, Texas this day of A.D.19 77 3 C14Y OF DENTON TERAS ATTEST $ : . ELINOR HUGHES,QMA=YOR .e ea S CRETAJ Y,.. SROS?M1iOLT____ - - - _ 7 7 JL.VL15 Al,nn.,rra.uUGJlh~ta , THE STATE OF TEXAS, ;VOL 822 FAGE184 COUNTY OF Denton BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared. Elinor - Hughes r -Mayor- of•.. the City of Denton, Texas, signing as an..official_act.of the-said City__ and officer knotivn to me to be the person / whose name is subscribed to the foregoing instrument, and acknowledged to me that S he executed the same for the purposes and consideration therein expressed,$ and in the capacity the: ',YCIA:Af UNDLIt MY HAND AND SEAL OF OFFICE, This I day of 1 A1r 197stater ' i~ . Notary PubRe, Denton ..Cou',ty, Texas C My Commission Expires June 1, 19:'..' SINGLE ACKNOWLEDGMENT ATV ,pr' TEXAS, COUNTY OF, ° BEFORE 51E, the undersigned authority, ;In,rmd for Kal~d Cd ty, Texas, on this day personally appeared known to me to be the parson who.ac name subscribed to the foregoing instrument, and acknowledged to me that he executed the some for the pm poses and considerntion therein expressed. GIVEN UNPISR 5I1' HAND AND SEAL OF OFFICE, This day of 1.D. 19 . 1 L.S. Notary Public, County, Texas .My Commission Expires June 1, 19_. CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS, ~ BEFORE ME, the undersigned authority, COUNTY OF. In and for said County, Texas, 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 was the act of the said a corporation, and that he executed the name 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 of.._._.... A.D. 19...... _ (1..S.) _ _ ^ _ Notary Public, _ _____..._._._....County, Texas DIy Commission Expires June 1, 19__. CLERK'S CERTIFICATE THE STATE OF TEXAS, COUNTY OF I, Clerk 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 ofilce 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 Records of said County, in Volume.. , on pages . . WITNESS MY RAND AND SEAL OF THE COUNTY COURT of said County, at office in . _ , the day and year list nbove written. County Clerk.,._ County, Texas. (L, S.) By , Deputy. A E A it j u~ U t. boo 5 I z 0. U p Ij ti ; t+ o ~ j o j ~ a o~ j w i I P4 N N 1 ]1} M g ~I ttC~~~{ I ! .E fail j 4 00 f The Council considered accepting an easement from Mr. Alex Dickie. Motion was made by Nash, seconded by Hughes that the easement be accepted with the following addendum: (A) The said City of Denton, Texas, agrees to and will relinquish release and quit-claim to the Grantees hereof, all of its right, titl, and interest ih and'to that certain road and street easement dp. cribrd in a deed from M. S. Acuff and wife, Mintie A. Acuff, to the city or ikvrtoir. Texas, bear•in date of May 20, 1923, shown of record in Volume 105, pale 147 of the Deed Records of Denton County, Texas. (11) The said City of Denton will backfill and level tomWi al grade any and all excavation, and dilchrs which are an incidnnl to the install- ation of public utilities in and on the above described (IaWuicnl area. (C) The said Grantee will clean-up and rennvr from the surface of the land all rocks and other debris resulting from public utilities install- ation which is large enough in size to interfere with a tractor and mower operation in mowing the pasture land. (D) The Grantee will place and install a gate in the north fence line on said easement in the event that any construction or excavating in and on the aforesaid easement makes it necessary to breach the said fence. (E) Grantee agrees to waive any and all pro-rata land owner's costs for the installation of sewer lines, and to waive all costs of a possible four sewer taps in and to the said sewer line. (F) Grantee agrees that after the installation of any portion of said line which is not at a depth below grade required by City of Denton ordinances will be cradled and/or capped with six inches of concrete in accordance with ordinance requirements. Motion carried. Meeting adjourned at 12:40 a.m., February 2 1977, Elinor Hugh _q MAYOR ed, 4 1 ASSEE R Y r V%~~ ~✓,.t,.Cc~~/,!~.-~ .t-cep (11P -I ~C-Gt' . VOL 822 na 183 ~jc4 rn NAN O y~ , 1~ rsNn~ •oo ~o,` ,loom VOW~ 4,a'~ awa pv otsi PWw , a FQ u0o~ 1a41 Nr, ,01 FnpP~} l~cM l~-,tW^ ~ O •y,1fSl~~ ~ ~ uno~ i~!r o'p ssy~1 Ft s THE STATE OF TEXAS, 1 Y H E P 4 fled D2 } KNOW ALL ,1~ N 13 T ES RESENTS: j I COUNTY OF DENTON 11) THAT DAVID DIULKEY DEED RECORA 3635 of Denton County, Texas , in consideration of the sum of One Dollar ($1.00) - - - - - - - - - - - - - - - - - - - - - - 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, cell and convey unto to the City of Denton, Texas , the free j ,i and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, owned by him , Situated in Denton County, Texas, in the k J. Brock Survey, Abstract No. 55 All that certain lot, tract or parcel of land lying and being situated. in the City fi County of Denton, State of Texas, and being part of the J. Brock i! Survey, Abstract No. 55, and also being part of a tract of land as conv-.yed from N. A. Story $ wife, Martha Story to David Mulkey by deed dated i 11/11/529 and recorded in Volume 384, Page 500 of the Deed Records of Den- ton County, Texas, and more particularly described as follows: BEGINNING at the intersection of the west right of way line of Audra Lane and the north right of way line of Paisley Street, said point of beginning being 567.6 feet east of the southeast corner of a tract of land as con- veyed from David Mulkey, et ux, to Raymond It. Loader by daed dated 8/1/58, and recorded in Volume 439, Page 139 of the Deed Records of Denton County, Texas; THENCE in a northeasterly direction along the west right of way line of Audra Lane a distance of 168 feet to a point for a corner; THENCE west a distance of 11.33 feet to a point for a corner; THENCE in a southwesterly direction 10 feet west of and parallel to the i west right of way line of Audra Lane a distrance of 168 feet, more or less, to a point for a corner in the north right of way line of Paisley Street; THENCE east along the north right ^f way line of Paisley Street a distance of 11.35 feet, more or less, to the point of beginning and containing II 1,710.11 square feet of land, more or less. And it Is further agreed that the sald City or Denton, Texas In consideration of t' a benefits above set out, will remove from the property above described, such fences, buildings and other o'Atructions as may now bs found upon said property. Fortberurposeof constructing, installing, repairing and perpetually main- taining a sidewalk In, along, upon and across said premises, with the right and privilege at all times of the grantee herein, his or Its agents, employees, workmen and representatives having Ingress, egress, and regress in, along upon and across said premises for the purpose of making additions to, Improvements on and repairs to the Bald public sidewalk, or any part thereof. TO HAVE AND TO HOLD unto the sold City of Denton, Texas as sfpFeaald for the purposes afire"Id. the premises above described. Witness his hand , this them day of February ,'A. D. 19 77r, DAVID MU KEY ~ dA 11 will, I SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, } - COUNTY OF.. - DENTON in and for said County, Texas, on this day personally appeared .__`~.LE~-1t1~EY_= - _ ~h. - ! - - s known to me to be the person., ..-whosL name.. l s.... subscribed to the foregoing instrui4hi a acknowledged~o`. e the purpose that SEAL9GFdOFFI1CE8Th alrim expredseedof. VEA UeIDER EHANDnme 5u y uar( . A D 19 7. (L.S.)Q~r k. - _ Q..... I U ~ r ;tdn Notary Public, l)C County; Texas My Commissior, Expires June 1, 1 JOINT ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF..... In and for said County, Texas, on this day personally appeared - - and - - hi F s wife, both known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they each executed the same far 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 . acknowledged such instrument to be her act and deed and ahe declared that she had willingly signed the same for the purposes and consideration theruin expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This.. day A.D. 19..... (L.S.) . . Notary Public . County, Texas My Commission Expires June 1, 19 JWIFE'S SEPARATE ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME. the undersigned authority, COUNTY OF. _ I In and for said Courty, Texas, on this day personally appeared . wife of known to me to be the person whose name Is subscribed to the foregoing instrument, and having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said . a-knowledged such Instrument to be htr act ani deed, and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not with to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE,ThIe....... day of A.D. to _ Notary Public, ..............County, Texas My Commission Expires June 1, 19 CLERK'S CERTIFICATE THE STATE OF TEXAS/..... i, County COUNTY OF- Clark of the County Court of said County, do hereby certify that the foregoing ' n~t of writ,ag dated on the _ ....................da of................... , A. D. 19........ , with its Cert)%At~ '-0Wf~~entlratlon, was filed for te4 record In y office on the y o ~ A. D. 19.. ~f oj~ Ircrpk fiA c 'ds ~ to C" duly recorded this.. y da... A. D. 19 ~J { r ~ M ;t~f~oAl _ -...Records of sold County, in Volum%'1h vrtp,~rc y tp,? WITNESS MY HAND AND SEAL OF THE COUNTY COURT of said County, at oiSce I ".(i1rgd ~.'..a;,,- y ~t the day and year last above re a a County Clerk ' .......l.Q.~ ........:.County, Texas. 8 „"4 W4*eN Ili e T, 14 3 2 1 I V7; 31' !r7 r10~ IN3 ~ ~Eg E n 10A 1A N Qb I~ F de rA ~n t Ya 8Z PA E 1 D Z v 3 ~~oss m1 'c CL m g p m _z ZZ iz c~a~► CL 3 O 3~z9on m , on 1) COMM7 :F zm Now C z >1 won CJ"q❑ ~.1. 7(J 0 rat rt W Y m v z. D G`G`C N o< z °L ti- O < d s~-'<a dO~f cc Fo f °c Afd,; HC d Va o 10 O, y rt ,D 3 19 d m a D S a g ~3 s~ e;-o a a Zy V, = C7. cm, a 1~T O~~W T 3~ ~m °d~ m cn z~ 3 Z O ZJ ~a5 03 0 c° n c d~ ' o s 0 3 0 _ n a , o cg 7 0) 30 m da A o ° R j t'9 C d J r S\' O 3 a o -2 ar C: C1 d O d R < -oifl L f f N n, w o o f Z 3 3 a A .`cu~'d L z r, n j D .dOi 7 C. ARCS n V a m °o7 o~p m o CL 3 g" 0 3f~ 0 ° Z d > z d Si 3 ig7.j c`- m 3 a V o O o n E o 3 = n~a a:o"I on >1 c CL to J~ R 0 III ~J W C N$? r y m z C R 0 W° n A 0 N~nD m O ry d ~a tD m~ n? c CD m Z 70 a, 3P g cr ay i➢'~ D raa 5< o T r r 00 AN o g Z o1~ ~ 3 ~ a cc o M C N a ~ I, T D m La3 0 3 E,~ o ~a~'°~~rn rt 1 V) LA 0 C " m C P. C C ~D S 7 ~ I Y A m 2 it am~~dni o a 0 W o~?T1> y o n ~ q TM r n a o ~P <3 A < r ct ~b y' • 311 EAST HICKORY OFFICE BO 146 BEN IVEY OIL COMPANY TEELLE HO NE 362X6321 DENTON, TOM 76201 1SR. BROOKS HOLT CITY SECRETARY CITY OF DENTONo TEXAS I PLEASE BE ADVISED OF MY RESIGNATION FROM THE CITY COUNCIL] PLACE So CITY OF DE MN EFFECTIVE IMMEDIATELY UPON YOUR RECEIPT OF THIS LETTER OF RESIGNATION. V Y YOURSo 8EN IVEY JR. CITY 'It" FEBRUARY 150 1977 k,~ f 1 i y Yg~ 76 2 M7 .41 -zAd~ ` D ' l lei& ACA-G~.fl~ ~frY./~ V~G J v.GF avow e 11J2i~~~ .~~+~',1 ~ I~!~"C~~ L , ♦,..iii777LLLflrit'~ 'r/~~~ ~ ~ r Q / ~.~~~sfe.~ ~ ✓~ZGoI ~ ; fly j4e~ -4Y A.A / ~ fo iL~~ 3 vrv 17 ,t.. c9-n/ Div ,vL °~yzc~ 2 Cc. -~fQQ.~i~J ~ Lam iftaet; ~ a4e D 7f ~~tZv r i~T ~P~ ~~t E MENDMENT NO. 3 TO CONTPACT FOR ENGINEERING SERVICES The Contract for Engineering Services entered into on the 12th day of August, 1969, and amended on December 13, 1974, by and between the City of Denton, Texas, and Freese and Nichols shall be amended as set forth hereinunder. The said Contract and Amendments are attached as Exhibit A. 1. The said Contract (Exhibit A) shall be amended to in- clude the provisions established by the Environmental Protection Agency known as appendix C-1 to 40 CRY Part 35, Subparagraph E as published in the Federal Register, subject to the modifications set forth below. Appendix C-1 is attached as Exhibit a. it is mutually agreed that all references to other paragraphs in Federal Regulations and Guidelines shall refer to those in effect at the time of the execution of this Amendment. a. Paragraph 21 shall be deleted in its ent•Irety since this agreement does-not involve construction. 2. Paragraph 3a (1) Compensation to Eng.ineei, as shown in Y the original agreement (Exhibit A), shall be supc=aeded, for this particular project only, as set forth herein. a. The Engineer shall be compensated for professional services in connection with the preparation of detail designs, plans and specifications in compliance with Step 2 of the EPA grant at a lump sum of Two Hundred Eighty Three Thousand Six Hun- dred Twenty Two ($283,622.00) Dollars. These services shall in- clude the preparation of the construction drawings, specifications and bidding documents, attend periodic meetings in connection with completion of this phase of the assignment, assisting the owner in obtaining approvals of State and Federal regulatory agencies, assistance in soliciting and awarding of construction contracts. The Engineer will provide up to twenty-five (25) seta of construc- tion drawings, specifications and bidding documents. These copies shall include those required for review by the owner, EPA and other agencies. If services other than those described herein are re- quired they will be considered as "additional services" and the Engineer shall receive additional compensation, subject to the approval by the owner before the work is commenced. The manner o.1 computing the compensation will be determined at the time the Engineer is authorized to proceed with said services. b. The compensation for service: in connection with Step 3 of the EPA grant program shall be determined by d mutual consent at the time an application is submitted by the owner to r EPA for Step 3 grant funds. These services shall include attend- ance to preconstruction conferences, provide general construction contract management by office personnel, provide resident con- struction inspection services, preparation of change orders, pre- paration of an operating and maintenance manual, assistance in the training of wastewater treatment plant operators, preparation of a user charge system, preparation of an industrial cost recovery system if required, etc. c. When and to the extent required to perform services under this agreement outside the normal range and scope of engi- neering services by the use of special consultants in other pro- fessional fields, such as lawyers, accountants, archeologists, ornithologists, soils analysis, boundary surveys, rate experts, and similar types of other professional skills, the engineer shall be reimburseA the cost of such consulting services, plus an allow- ance of ten percent of such costs to compensate the engineer for arranging, administering and coordinating the work and reports of such outside consultants. The special consulting services shall require the written authorization of the owner. However, nothing in this section shall prevent the owner from hiring consultants and paying for them directly without being liable for the ten per- cent allowance to the engineer. d. Successors and Assignments. This contract is assigned to Freese an3 Nichols, Inc., a Texas Corporation, successor to Freese and Nichols, a partnership as set forth in Exhibit C. The Contract Amendment No. 3 is executed in two counterparts. IN TESTIM NY HEREOF, they have executed this agreement, this day of , 1977. CITY OF DENTON, TE)(AS, OWNER ATTESTS Ati BY : L NOR HUGHES, MOR BR S LT, CITY SECRETARY FREESE AND NICHOLS, INC., ENGINEER WITNESS: BY s ~0, - ROBERT L. NICHOLS, VICE PRESIDENT -2- EXHIBIT C ASSIGNMENT, ACCEPTANCE OF ASSIGNMENT AND CONSENT TO ASSIGNMENT Whereas, Freese and Nichols, a partnership, has entered into contract with the City of Denton, Texas which is attached as Exhibit A, and desires to assign its rights and duties under this contract to Freese and Nichols, Inc., a Texas corporation, and the City of Denton is willing to consent to such assignments, the parties therefore agree as follows: 1. Freese and Nichols, a partnership, hereby assigns and de- legates to Freese and Nichols, Inc., a Texas corporation, all of its duties and obligations of performance and all of its rights under the contract dated 12th day of August, 1969, between Freese and Nichols, a partnership, and the City of Denton, Texas. 2. Freese and Nichols, Inc., hereby accepts the assignment of the contract and agrees to assume and perform all the duties and obligations to be performed by Freese and Nichols, a partnership, under the contract as if it had been an original party to the contracts, and 3. In consideration of the assumption of duties and obligations r under the contract by Freese and Nichols, Inc,, the City of Denton, Texas, hereby consents to the assignment and delegation to Freese and Nichols, Inc., of all the duties and obligations as well as the assignment of all rights under the contracts by Freese and Nichols, a partnership, and agrees to look solely to Freese and Nichols, Inc., for the proper performance of the contract. DATED this day of 1417. ASSIGNOR: FREESE AND NICHOLS, a partnership J, 8y J~~,~, Par :ner ASSIGNEE: FREESE AND NICHOLS, INC. _ BY `,ke"tR'e It % Its 1h& Z~Idf CITY OF DENTON, TEXAS - Attest --Its 1 CONTRACT FOR ENGINEERING SERVICES STATE OF TEXAS X COUNTY OF DENTON X This Contract entered intc this 6&,y of 19699 by and between the CITY OF DENTON, TIQUVq, hereinafter calYCd the Owner, acting, by and through its liayor duly authorized to act, and FREESE, NICUOLS AND MDREM of Fort Worth, Texas, Registered Professional Engineers, hereinafter called the Engineer. 14ITNESSFTII, that in consideration of the covenants and agreements Lerein contained, the parties hereto do mutually agree as follows: 1. Erie oyment• of Engineer: The C4oner hereby employs the Engineer and the Engineer agrees to perform till necessary profesaienal services here- inafter set forth in connection with improvements to be rude by the Owner as follows: Municipal Improvements, including Vater Treatment Plants and other Water Works Improvements, Sewerage System Impcovenents and Sewage Treatment Plants and other Miscellaneous Municipal Improvements hereinafter call^_d the Project. The employment of the Engineer as covered by this contract shall be applicable only to such improvements for which the Owner shall wake specific authorization to the Engineer to perform services. 2. Character and Extent of, Services: 71ir. Engineer shall render all engineering services necessary in the development and construction of the Project, which shall include, but without limitations, the following: a. k'relil7inary. Eng:laeering Services, ?Sake necessary pre- liminary invostigations Lnd studies, drawings, and approximate eotimates of materials required, till in detail sufficient to indicate clearly the scope of tha Project and make possible tin es H note of cost; if deemed necessary, prepare a preliminary report showing, propoa, 1r, rovn. ents; attend all necessary conferences; and prepare necessary forms and applications, including applications for assistance in the financing of proposed ii.rrovc;ncnts, which may be required by the Owner. b. Dosignst Flans and Specifications: rake necessary field surveys; supervise the necessary boring and test pits and foundation explora- tions; prepare necessary working drawings, large scale and full scale drawings, and spe:ifications; prepare forms of proposals, prepare applications for licenses and/or approvals from local and state authorities; attend conferences and assist in the co-ordination of the work with other interested parties; and assist in the award of construction contt;cts. c. General ReDrenentation and Inspection During_ Construction: Act as the Mmer's representative on the project during the construction period; check all shop drawings submitted in connection with the construction; supervise and review work of inspection bureaus or testing laboratories that ray be required; furnish general inspection of the work and interpretation of plans and specifications by visits to the site by principals or members of the office staff of the Engineer; Leep the Owner informed of the prOrress of the work; issue all instructions of the Ounor to Contractors performing the work; prepare cliange orders as required to insure proper cnrrying out of the intent of the contract.documents; endeavor to the bent of the Engineer's professional ability to see that the work is carried out in conformity with the plans and specifications for the Project, and in this connection, to disapprove work as failing, to conform to the contract documents, and if necessary, to issue orders to Contractors to stop work which is defective and not in conformity with the contract documenta; issue certificates of payments and keep accounts as may be necessary to the prosecution of the work to completion; upon completion of construction, revise working drawings to show the project as actually constructed. It is recognized, however, that Contractors of th,s Owner on the Project will be independent Contractors, and the Engineer will not be responsible for Contractora' failure to perform the construction work in accordance with the contract documents, nor the techniques and sequence of construction or the safety precautions incident thereto as used by Contractors* d. kesident Inspection Duria Constructioni At the Owner's option, the Engineer hill furnish at the Project site the services of competent personnel, who shall perform necessary construction layout and surveys, give complete and adequate on-sito inspection of construction, act as the Engineer's representative 1.• interpreting plans and specifications, and other documents, for and with the construction Contractors, make measurements of work performed by construction Coritcactors and perform such other duties normally required in resident inspection of construction. 2- c Sub-Surface Inveati,!ations n:-.;l Lnboratory Tests: The Engineer will direct nrnl supervise the naking of all sub-surface investi- gations, including bortn;;n, test pits, soil-restivity surveys, and other sub-surface expioratinns; however, the making of cuch Inv^.stigations and the interpretations of data and reports by special consultants are not a part of the services to be rendered by the Engineer, and tho cost therefore shall be paid by the Otmer. The Engineer shall supervise and review the work of testing laboratories and inspection bureaus required for the testing, or inspection of materials, etc., for the Project, but the coat of t.uch lahorntory tests or inspection nhall be paid by the (timer. f. ToFograshic, Ai 1t-of-Way. and Land Surveys: The Engineer shall make topoprar.hic surveys as necessnry in connection uitt~ the location and design of all structures. The Engineer shall prepare "center line type" descr!ptions for the procurement of right-of-way alone: pine line routes surveyed for the design of the Project, provided such descriptions may be developed fron the design surveys. If additional surveys are rc,luircd to determine property corners in connection with the descriptions for the right-of-way easenenta, the coat of ouch surveys shall be paid by the Owncr. The Engineer will indicate to the Otmer the approximate boundaries of land which may be required for the Project. Surve,rs for the procurement of land and services in connection with proceedings for the condemnation of land are not a part of this contract. The Owner shall pay al:. costs for land surveys and shall compensate the t;ngineer for services rendered in connection with condemnation proceedings. 3. CoElpensation to r Lkr!per: The Owner agrees to p,/ the Cngineer for all professional cetvices rendered under this contract in recordance with the following: a. F!a or Pro rcts: (1) For F _aliminary Cnp~inearinp,~Ucsinns, Plans and Specifi- cations and Cenral. Representation During Construction. Vio:o Et;sneer shall be paid a fee computed as a percentage of the Construction Cost of the Project as shown in the following tabulation: -3. Construction Cost Ingin~erinpt Fee ` Per C<ant of Construction Covt Preliminary Eng Lacer- Ccneral Fcprecent- ing, besigns, !Tans ation During Total and Specifications - Construction M- Fee $ 25,000 to $ 50,000 8.00 2.50 10.50 50,000 - 100,000 7.50 2.50 10.00 100,000 - 250,000 7.00 2.00 9.00 2500000 - 500,000 6.00 1.50 7.50 500,000 - 150,000 5.50 1.50 7.00 750,000 - 1,000,000 5.25 1.25 6.50 100006000 - 2,000,000 5.00 1.00 6.00 All pork, which the M-ner authorizes at one tine the Engineer to perform cervices, shall be grouped together for the purpose of establishing the "Construction Cost" bracket for determining the applicable percentage fee, with the fee to be not less than the ranximum amount calculated under the next lower cost bracket. In a determination of the total. coiintruction coot of the wort: on which the Engineer's fee sliall be based, there shall not be included the cost of items of land, rights-of-any, administrative or legal expenses, architect and engineering fees, cervices of testing, laboratories, boring or foundation tests. Also, there rhall not he deducted from the cost of the wort; sums withheld from payments to Contractors, such as penalties, liquidated damages, or other similar sums. (2) For 1:csident Inspection t)urin Construction and Cou- s[ruction iayoutt For resident inspection durinp,, construction and construction layout, the Engineer shall be paid the actual payroll cost of all personnel 'required times a multiplier of 1.75 for indirect costs, including taxes, insurance, etc., as related to such personnel and profit and shall be paid also the actual direct expense of providing such personnel, including travel, transportation, subsistence, supplies and Ott- !C actual "but-of-pocket" expenses times a multiplier of 1.15 for an overhead or service charge. The number of and the individuals selected by the Engineer for aervicea under this paragraph shall be subject to the Owner's approval. (3) ItR,e of ggRp. ncation.- Payment for services renOered by the Engineer shall be made as follows: For preliminary cnginecri.ng, designs, and plans and specifications, upon completion and delivery to the Nmer of plans and specificationa for any unit of tho Project and approval by the Owner, the fee as computed for such unit shall be deemed to have been earned and shall become due and payable. i ' In the event the (n+nor elects to defer conntruction of any unit of thn Froject for which the Engineer )inn couplcted plans and speci- fication based on an authorization from the C nicr, the fee earned shall be computed on the basis of an estiriste of construction cost prepared ;,y the Fngincer and subject to approval of the Owner. For general representntion and inspection during con- struction, Fayment small be Lade on nonthly estimates of the Fm-,iucer, which estimates shall tc based on the value of the work performed by the Contractor plus the charge for resident inspection. b. 'ell nor Yro eclat For minor project, and r:peci3l assif,nmcnt3, staking; minor extensions, making tests, etc., the fee shall be based on the actual cost to the Engineer of perforning the work -is follow3: 7Ue Engineer shall be paid the actual payroll cost of all personnel required for the work times a multiplier of 1.75 for indirect costs including taxes, insurance, etc., and profit and shall be paid also nll other direct costs related to the work including; travel, transportation, 3ubsi3tence, Supplies and other actual "out-o£-pocket" expense times a multiplier of 1.15 for an overhead and service charge. 4. Prelin+inary Estimates: *inn reque,tel to do so, the Fn;incer will furnish preliminary estimates on the_ cost of the work, but he does not guarantee the accuracy of such estimates. 5. Revision of Plans and Sreciffcationa: 91,e N-ner reserves the right to direct substantial revision of the plans and specifications after duo approval by the 0,.,ner as Owner may deem aece3sary, but in such event the Owner shall pay to the Engineer just and equitable compensation for the enrvices rendered in making such revisions. If revisions in the plans, specifications or drawings are required by reanon of the Engineer's error or omissions, then such revisions will be made by the rnginecr without addi- tional,conpensation to the fees herein specified. 1 6. Inspoetion and Review of the Work: The Fnpincer will endeavor to protect the thmer against defects and deficiencies in the work of Contractors, by inspection and observation of the wort: as it progresses, by interpretation of the plans, specifications and other contract docmaento to and with the Contractors, by the disapproval of defective wort: and the is9uance of stop- orders with respect to defective procedures, where they are cbcorved, and the Engineer will exercise due diligence to a3sist the Nner in requiring that the :pork be done in accordance with the plans and Specifications; but the Contractor will remafr. Independent contractors with the Owner, and the Engineer does not guarantee the performance of such construction contracts. -5- 7. ^._nership of.Documants: Drawing3 rod sl,ccif.ications as instru- ments of service nre the property of the ;.:i;ineer uLether the work on which they are Cade be executed or not and the Engineer will retain in his Men original drawin,-i and specifications for the work. The I;ni;ineer will pro- vide such number of sets of p13118 and specifications and other documents as are necessary in the receiving of bids for construction and as are required in the execution of the Project. Upon completion of construction, the Engineer shall revise the ,,orkin- drawin-a to show the Project as actually constructed and the fkm<r shall he furnished two seta of prints rude from the ''As Built" drawings. 8. Successors and Assipilments: The (Amer and the Engineer, each binds himself, Elio partners, suceoF3ors, executors, adninistrators and assigns of the other ptirty to this agreenent, and to the pnrtr:cr, succossors, executors, adminiatrators, nn: a.airns of &vcli other Party in rarpcct of all covenants of this ai;ra?tnunt. ''either the !timer nor the 7'nair.ocr shall assign, sublet or trnnnfer hi:; interests in this agreenent wl.tlinctt the vritten consent of the other. Period- of S.rvicoa: 't'his contract siinll extend for a period of three .;car;. Eton tF,e c'ate of the contract and will be re;i0wcd nutmuatically for auccenaive tend.; of oac year each unleu3 clther party shall notify the other of a derirti to terminate or codify the contract, ouch notice to he given in writing yrior to the e:.piration of tha ori-innl contract or any roneval torn tliarccf. In the evert vort; on a ;rojcct is in pro resn at the expiration of tho ori.^innl contract or any reu:val thereof, tlie contract shall continue in effect as related, to all wort; for such project, This contract is executed in two countcrparta. IN TESTIII NY liERFUFs they have executed this agre.ciacnt, the day and year first above *written. UTY or nF711M. TEW N,ae r ATTEST: 87 °a_,h Srook3 Holt, City Secretary L. A. Nelson. ?Eayor (CITY RCAQ MINUS, MEESE, NIC11OLS AND DibMS Engineer By »f!llW Robert L..-hichole,-rartner -s- • ~7 1;11.sI ANIo r~Ir.I ~111S 9 T -Al / T/ Y 9 , Cnr:cuitu.. I'.ra,ir:ri.ns , FII /axxn Ion T' N% on III, 'I I \A.S ;LID: y Dccc„ILcr 16, 1514 ti Fir. Ocug Ulackc urn Director of 111tnicipal Utilities Municipal Building Denton, Texas 76201 Re: Contrect Ira bi-rvices Sewerage Systen Improve*,ents Dear Doug: This letter is to confir,l our telephone corversOAun cF Dcccftb(,r 13, 19174, cot)cernin,, our contract for services in c,,i,r,cctit1n Oth the sruerage systcai improvep1r•rlts recently initiated by an r,pplication for Federal finding, As tee discussed, at the tine, of the a~,plicatiun submittAl, our services tirould be performed under our conlitfvirr, cncincc:rir:q contract dated the 12th r4 y elf Avr3ust 1969. As you are. ar,,re, the EPA program requires many studies and investitlations such as a Facility Plen, an Environmental Assesscent, Infiltration/Inflow Analysis, OrEr•ation t,n,l Maintenance Manuals, etc. This phase of our services will he pcrformc-1 under Paragraph 3, b., page 5 of the existing contract as "Special Assignments," Yours very truly, Ff~E'ESE AND NI~CECLS Robert L. Iichuls, F.E. RLN,mg V rN 6a O.C u a1u1 f iVu ~ % , 8r:cwr.nis ( A!IU rrxns ~cior December 16, 1474 Mr, Doug Blackburn Director of Municipal Utilities Municipal Building Denton, Tey.as 76261 Re: Engineering Contract Water Distribiitiun Systeri Extensions Dear Doug: This letter is to confirm our telephone cunvrrsation of December 13, 1974, pertaining to engineering fees fur the anticipated tinter distribution system project„ lie would propose that this assignwcnt be perforiied under our existing contract dated the 12th day of Au(jost 1969. 'We would re- spectfully request that the contract be updated in two places: 1. Paragraph 3. a. (2). Delete this para<jraph in its entirety and substitute the followiml: (2) For Resident Ins ection uurinq Construction and Con- struction Layout: For resi nA fnspccti'en durfiig construction and construction layout, thu Engineer shall be paid a fee based on (1) salary cost ticies a multiplier of 2.0, and (2) actual direct expense times a multiplier of 1.15. Salary lost is defined as the cost of salaries of engineers, draftsmen, stenographers, surveycen, 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, vacation and holiday pay applicable thereto. (Salary Cost is equal to 1,22 -times salary payments for 1974, This fatter is adjusted annually.) Actual direct expenses shall include printing and reproduction expenses, communication expense, travel, transportation and subsistence array from fort ,+orth and other miscellaneous expense directly related to the work, including costs of laboratory analysis, tests, or other work required to be done by independent persons or agents other than staff members. Doug Blackburn December 16, 1974 Page Two The nu+-ber of and the individual selected by the Engineer for services under this paragraph shall be subject to the Owner's approval. 2. Paragraph 3, b., page 5. Delete this paragraph in its entirety and substitute the following: b. li n jrProLcts : For ninor projects and special assignxents, assistance in waking grant applications together with supplemental docu- ments and studies, staking minor extensions, making tests, etc., the fee shall be based on (1) salary cost times a multiplier of 2.50, and (2) actual direct expanse times a multiplier of 1.15. Salary Cost is defined as the cost of salaries of engineers, draor tscicn, Stenolr,lphers, surveymon, clerks, laborers, etc., for time directly chargeable to the project plus social security contributions, unenployiAent compensation insurance, retirement benefits, medical and insurance benefits, sick leave, vacation and holiday pay applicable thereto. (Salary Cost is equal to 1,22 tirx,.s salary payrients for 19741. This factor is adjusted annually.) Actual direct expenses shall include printing and reproduction expenses, corrAnieation expense, travel, transportation and subsistence affray from fort Vorth and other miscellaneous exprasa directly related to the work, including costs of laboratory analysis, tests, or other work required to be done by independent persons or agents other than staff wembers. 4' The basic fee for services for services, as set forth in Paragraph 3. a. (1) and all other terms and conditions of the contract dated the 12th day of August 1969 remain unchanged. Yours very truly, FREF.SE AND NIC11OLS Robert L. Nichols, P.E. RU.-mg EXHIBIT B UNITED STATE ENVIRONMENTAL PROTECTION AGENCY APPENDIX C-1 REQUIRED PROVISIONS CONSULTING ENGINEERING AGREEMENTS 1. General 2. Responsibility of the Engineer 3. Scope of Work 4. Changes 5. Termination 6. Remedies 7. Payment 8. Project Design 9. Audit; Access to Records 10. Price Reduction for Defective Cost or Pricing Datd 11. Subcontracts 12. Labor Standards 13. Equal Emplo/ment Opportunity 14. Utilization of Small or Minority Business 15. Covenant Against Contingent Fees 16. Gretuities 17. Patents 1f,. Copyrights and Rights in Data i i i 4i I E 1. GENERAL (a) The Owner and the Engineer agree that the follow;ng provisions shall apply to the work to be performed under this agreement and that such provi 'ons shall supersede and govern any conflicting provisions of this agreement. (b) This agreement is funded In part by a grant from the U. S. Environ- mental Protection Agency. Neither the United States nor the U. S. Environmental Protection Agency (hereinafter, "EPA") is a party to this agreement. This agree- ment Is subject to regulations contained in 40 CFR 35.936, 35.937, and 35.939. 2. RESPONSIBILITY OF THE ENGINEER (a) The Engineer shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of all designs, drawings, specifications, reports, and other services furnished by the Engineer under this agreement. The Engineer shall, without additional compensation, correct or revise any errors or deficiencies in his designs, drawings, specifica- tions, reports and other services. (b) The Engineer shall perform such profess',nal services as may Va necessary to accomplish the work required to be performed under this agreement, in accordance with this agreement and applicable EPA requirements. (c) Approval by the Owner or EPA of drawings, designs, specifications, reports, and incidental engineering work or materials furnished hereunder shall not In any way relieve the Engineer of responsibility for the technical adequacy of the work. Neither the Owner's nor EPA's review, approval or acceptance of, nor payment for, any of the services shall be construed to operate as a waiver of any rights under this agreement or of any cause of action arising out of the performance of this agreement, and the Engineer shall be and remain liable In accordance with applicable law for all damages to the Owner or EPA caused by the Engineer's negligent performance of any of the services furnished tinder this agreement. (d) The rights and remedies of the Owner provided for under this agreement are In addition to any other rig its and remedies provided by law. 3. SCOPE OF WORK Except as may be otherwise specifically limited in this agreement, the services to L,, rendered by the Engineer shall Include all services required to complete the task or step in accordance with applicable EPA regulations (40 CFR 35, Subpart E) . 2 4. CHANGES (a) The Owner may, at any time, by written order, make changes within the general scope of this agreement In the services or work to be performed. If such changes cause an Increase or decrease in the Engineer's cost of, or time required for, performance of any services under this agree- ment, whether or not changed by any order, an equitable adjustment shall be made and this agreement shall be riodified In writing Fccordingly. Any claim of the Engineer for adjustment under this clause must be asserted In writing within 30 days from the date of receipt by the Engineer of the notification of change unless the Owner grants a further period of time before the date of final payment under this agreement. (b) No services for which an additional compensation will be charged by the Engineer shall be furnished without the written authorizatlon of the Owner. 5. TERMINATION (a) This agreement may be terminated in whole or in part In writing by either party in the event of substantial failure by the other party to fulfill Its obligations under this agreement thro,igh no fault of the terminating party; Provided, that no such termination may be effected unless the other party is given (1) not less than ten (10) days written notice (delivered by certified mail, return receipt requested) of intent to terminate and (2) an opportunity for consultation with the terminating party prior to termination. (b) This agreement may be terminated In whole or in part In writing by the Owner for its convenience. Provided, that no such termination may be effected unless the Engineer is given (1) not less than ten (10) days written notice (delivered by certified mail, return receipt requested) of Intent to terminate and (2) an opportunity for consultation with the terminating party prior to termination. (c) If termination for default is effected by the Owner, an equitable adjustment In the price provided for in this agreement shall be mad:, but (t) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the Engineer at the time of termina- tion may be adjusted to the extent of any additional costs occasioned to the Owner by reason of the Engineer's default. If termination for default Is effected by the Engineer, or if termination for convenience is effected by the Owner, the equitable adjustment shall Include a reasonable profit for services or other work performed, The equitable adjustment for any termination ;hall provide for payment to the Engineer for services rei,dered and expenses incurred prior to the termination :n addition to termination settlement costs reasonably incurred by the Engineer Wating to commitment vhlch had become firm prior to the termination. 3 (d) upon roceipt of a termination action pursuant to paragraphs (a) or (b) above, the Engineer shall (1) promptly discontinue all services affected (unless the notice directs otherwise), and (2) deliver or otherwise make available to the Owner all data, drawings, specifications, reports, estimates, summaries, and such other Information and materials as may have been accumulated by the Engineer In performing this agreement, whether completed or in proce,-s. (e) Upon termination pursuant to paragraphs (a) or (b) above, the Owner may take over the work and prosecute the same to completion by agreement with another party or otherwise. (f) If, after termination for failure of the Engineer to fulfill contractual obligations, it is determined that the Engineer had not so failed, the termination shall be deemed to have been effected for the convenience of the Owner. In such event, adjustment of the price provided for in this agreement shall be made as provided in paragraph (c) of this Claus,,-. (g) The rights and remedies of the Owner and the Engineer provided In this clause are in addition to any other rights and remedies provided by law or under this agreement. b. REMEDIES I tat Except as may be otherwise provided in this agreement, or as the partics hs.reto may otherwise agree, all claims, counter-claims, disputes and other matters in question between the owner and the Engineer arising out of or relating to this agreement or the breach thereof will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations stated in par- agraphs (c) and (d) below. This agreement and any other agreement or consent to arbitrate entered into' In accordance therewith as provided below, will be specifically enforceable under the prevailing law of any court having jurisdiction. i (b) Notice of demand for arbitration must be filed in writing with the other party to this Agreement, with the EPA Reginnal Administrator and with the American Arbitration Association. Tie demand must be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event may the demand for arbltration be made after the time when institution of legal or equitable proceedings based on such claim, dispute or other matter In question would be barred by the applicable statute of limitations f~ I 4 I • (c) All demands for arbitration and all answering statements thereto which include any monetary claim must contain a statement that the total sum or value in controversy as alleged by the party making such demand or answering statement Is not mere than $200,000 (exclusive of interest and costs) . The arbitrators will not have jurisdiction, power or authority to consider, or make findings (except in denial of their own jurisdiction) concerning any claim, counter-claims, dispute or other matter In question where the amount in controversy thei eof is more than $200,000 (exclusive of Interest and costs) or to tender a monetary award in response thereto against any party which totals more than $200,000 (exclusive of Interest and costs). (d) No arbitration arising out of, or relating to, this agreement may Include, by consolidation, joinder or in any other manner, any additional party not a party to this agreement. (e) By written consent signed by all the parties to this agreement and containing a specific reference hereto, the limitations and restrictions contained in paragraphs (c) and (d) above may be waived in whole or in part as to any claim, counter-claim, dispute or other matter specifically described in such consent. No consent to arbitration in respect of a specifically described claim, counter-claim, dispute or other matter in question will constitute consent to arbitrate any other clzim, counter-claim, dispute or other matter In question which is not specifically described in such consent or In which the sum or value in controversy exceeds $200,000 (exclusive of interest and costs) or which is with any party not specifically described therein. i (f) The award rendered by the arbitrators will be final, not subject to appeal, and judgment may be entered upon it In any court having jurisdiction thereof. 7. PAYMENT i (a) The Engineer may submit monthly or periodic statements requesting payment. Such requests shall be based upon the amount and value of the work and services performed by the Engineer under this agreement, and shall be f prepared by the Engineer and supplemented or accompanied by such suppnrting data as may be rec,ulred by the Owner. i I' S i i f (b) Upon approval of such payment request by the Owner, payment upon properly certified vouchers shall be made to the Engineer as soon as practlcabl%! of ninety percent of the amount as determined above, less all previous payments: Provided, however, that if the Owner determines that the work under this agreement or any specified task hereunder is substantially complete and that the amount of retained percentages is in excess of the amount considered by him to be adequate for the protection of the Owner, he may at his discretion release to the Engineer such excess amount. (c) Upon satisfactnry completion by the Engineer of the work called for under the terms of this agreement, and upon acceptance of such work by the Owner, the Engineer will he paid the unpaid balance of any money due for such work, Including the retained percentages relating to this portion of the work. (d) Upon satisfactory completion of the work performed hereunder, and prior to final payment under this agreement for such work, or prior settlement upon termination of the agre:ment, and as a condition precedent thereto, the Engineer shall exeCL to and deliver to the Owner a release of all claims against the Owner arising under or by virtue of this agreement, other than such claims, If any, as may be specifically exempted by the Engineer from the operation of the release in stated amounts to be set forth therein. 8. PROJECT DESIGN (a) In the performance of this agreement, the rrigineer shall, to the extent practicable, provide for maximum use of structures, machines, products, materials, construction methods, and equipment which are readily aval!able through competitive procurement, or through standard or proven production techniques, methods, and processes, consistent with 40 CFR 35.936-3 and 35.936-13, except to the extent that advanced technology may be utilized pursuant to 40 CFR 35.908. (b) The Engineer shall not, In the performance of the work called for by this agreement, produce a design or specification such as to require the use of structures, machines, products, materials, construction methods, equipment, or processes which are known by the Engineer to be available only from a sole source, unless such use has been adequately justified In writing by the Engineer as necessary for the minimum needs of the project. 6 j (c) The Engineer shall not, in the performance of the work called for j by this agreement, produce a design or specification which would be restrictive J{ in violation of Sec. 204(a) (6) of the Federal Water Pollution Control Act (PL 92-500). This statute requires that no specification for bids or statement of work may be written in such a manner as to contain proprietary, exclusionary, or discriminatory requirements other than those based upon performance, unless such requirements I! are necessary to test or demonstrate a specific thing, or to provide for necessary i interchangeability of parts and equipment, or at least two brand names or trade IE! names of comparable quality or utility are listed and are followed by the words "or equal." (d) The Engineer shall report to the Owner any sole-source or restrictive design or specification giving the reason or reasons why it is considered iecessary to restrict the design or specification. i (e) The Engineer shall not knowingly specify or approve the performance i of work at a fac.illty which is in violation of Clean Air or Water standards and which is listed by th3 Director of the EPA Office of Federal Activities pursuant l to 40 CFR Part 15. 9, AUDIT; ACCESS TO RECORDS (a) The Engineer shall maintain books, records, documents and other evidence directly pertinent to performance on EPA grant work under this agreement in accordance with accepted professional practice, appropriate I accounting procedures and practices, and 40 CFR Sections 30.605, 30.865. and 35,935-7. The Engineer shall also maintain the financial information and data used by the Engineer in the preparation or support of the cost submission required pursuant to 40 CFR 35.937-6 (b) and a copy of the cost summary submitted to the Owner. The United States Environmental Protection Agency, the Comptroller General of the United States, the United States Department of Labor, Owner, and (the State water pollution control agency) or any of their duly authorized representatives shall have access to such books, records, documents and other evidence for the purpose of Inspection, audit and copying. The Engineer will provide proper facilities for such access and Inspection. i (b) The Engineer agrees to include paragraphs (a) through (e) of this clause in all his contracts and all tier subcontracts directly related to project { performance which are in excess of $10,000: (c) Audits conducted pursuant to this provision shall be in accordance with generally accepted auditing standards and established procedures and guidelines of the reviewing op audit agency lies). I 7 (cl The Engineer agrees to the disclosure of all information and reports resL!lting from access to records pursuant to paragraphs (a) and (b) above, to any of the agencies referred to in paragraph (a) above. Where the audit concerns the Engineer, the auditing agency will afford the Engineer an opportunity for an audit exit conference and an opportunity to comment on the pertinent portions of the draft audit report. The final audit report will include the written comments, if any, of the audited parties. (e) Records under paragraphs (a) and t1i) above shall be maintained and made available during performance on EPA grant work under this agreement and until three years from date of final EPA grant payment for the project. In addition, those records which relate to any "Dispute" appeal under an EPA grant agreement, or litigation, or the settlement of claims ar?q?ng out of such perform- ance, or costs or Items to which an audit exception has been taken, shal I be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. 10. PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA (The provisions of this clause are required by EPA only if the amount of this agreement exceeds $100,000.00. The Owner may elect to utilize this clause If the contract amount is $100,000 or less. ) (a) If the EPA Project Officer determines that any price, Including profit negcllated in connection with this agreement or any cost reimbursable under this agreement was Increased by any significant sums because the Engineer, or any subcontractor furnished incomplete or inaccurate cost or pricing data or data not current as certified In his certification of current cost or pricing data (EPA Form 5700-41), then such price or cost or profit shall be reduced accordingly and the agreement shall be modified in writing to reflect such reduction. (b) Failure to agree on a reduction shall be subject to the "Remedies" clause of this agreement. (NOTE - Since the agreement is subject to reduction under 'this clause by reason of defective cost or pricing data submitted in connection with certain subcontracts, the Architect-Engineer may wish to Include a clause in each such subcontract requiring the subcontractor to appropriately.indemnify the Architect- Engineer. It Is also expected that any subcontractor subject to such indemnification will generally require substantially similar indemnification for defective cost or pricing data required to be submitted by his lower tier subcontractors. } 8 1 11. SUBCONTRACTS (a) Any subcontractors and outside associates or consultants required by the Engineer In connection with the services covered by this agreement will be limited to such individuals or firms as were specifically identified and agreed to during negotiations, or as are specifically approved by the Owner during the performance of this agreement. Any substitution in such subcontractors, associates, or consultants will be subject to the prior approval of the Owner. (b) Except as otherwise provided in this agreement, the Engineer may not subcontract services in excess of thirty percent (30%) of the contract price to subcontractors or consultants without prior written approval of the Owner. 12. LABOR STANDARDS To the extent that this agreement involves "construction" (as defined by the Secretary of Labor), the Engineer agrees that such construction work shall be subject to the following labor standards provisions, to the extent applicable: (a) Davis-Bacon Act (40 U.S.C. 276a-276a-7); (b) Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333); I J (c) Copeland Antl-Kickback Act (18 U.S.C. 874); and (d) Executive Order 11246 (Equal Employment Opportunity) and implementing rules, regulations, and relevant orders of the Secretary of Labor or EPA; and the Engineer further agrees that this agreement shall Include and be subject to the "Labor Standards Provisions for Federally Assisted Construction Contracts" (EPA Form 5720-4) in effect at the time of ex,~,cut(on of this agreement. 13. EQUAL EMPLOYMENT OPPORTUNITY In accordance with EPA policy as expressed in 40 CFR Section 30.420-5, the Engineer agrees that he will not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, or national origin. 14. UTILIZATION OF SMALL AND MINORITY BUSINESS In accordance with EPA policy as expressed In 40 CFR 35.936-7, the Engineer agrees that qualified small business and minority business enterprises i shall have the maximum practicable opportunity to part(ripate in the performance of EPA grant-assisted contracts and subcontracts. 9 { 15. COVENANT AGAINST CONTINGENT FEES The Engineer warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreeme it or understanding for a commission, percentage, brokerage, or contingent fee, excepting bonafide employees. For breach or violation of this warranty the Owner shall have the right to annul this agreement without liability or In Its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 16. GRATUITIES (a) Tha Owner may, by written notice to the Engineer, terminate the right of the Engineer to proceed under this agreement if it is found, after notice • and hearing, by the Owner that gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by the Engineer, or any agent or repre- sentative of the Engineer, to any official or employee of the Owner or of EPA ! with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performance of this agr. -ment: Provided, that the existence j of the facts upon which the Owner mikes such findings shall be In issue and j may be reviewed in proceedings pursuant to Clause 6 (Remedies) of this agreement. 1 (b) In the event this agreement Is terminated as provided in paragraph (a) hereof, the Owner shall be entitled (1) to pursue the same remedies against the Engineer as It could pursue in the event of a breach f of the contract by the Engineer, and (2) as a penalty in additiun to any other damages to which it may be entitled by law, to exemplary damages in an amount (as determined by the Owner) which shall be not less than three nor + more than ten times the costs Incurred by the Engineer in providing any such gratuities to any such officer or employee, (c) The rights and remedies of tie Owner provided in this clause shall not be exclusive and are in addition to any rights and remedies provided { by law or under this agreement, J 17. PATENTS If this agreement Involver research, developmental, experimental, or demonstration work and any discovery or invention arises or is developed In the course of or under this agreemert, such invertion or discovery shal I be subject to the reporting and rights provisions of Subpart D of 40 CFR Part 30, including Appendix 8 of said Part 30. In such case, the Engineer shall report 10 the discovery or invention to EPA directly or through the Owner, and shall otherwise comply with the Owner's responsibilities in accordance with Subpart D of 40 CFR Part 30. 'The Engineer hereby agrees that the disposition of rights to inventions made under this agreement shall be in accordance with the terms and conditions of aforementioned Appendix B. The Engineer shall include provisions appropriate to effer..tuate the purposes of this condition in all subcontracts involving research, developmental, experimental, or demonstration work. 18. COPYRIGHTS AND RIGHTS IN DATA (a) The Engineer agrees that any plans, drawings, specifications, computer programs, technical reports, operating manuals, or other "Subject Data" (as defined in Appendix C. to 40 CFR Part 30) are subject to the rights in the United States, as set forth In said Appendix C, including the right to use, duplicate and disclose, such manuals, etc, , in whole or In part, in any manner for any purpose whatsoever, and have others do so. For purposes of this article, "grantee" as used in said Appendix C shall refer to the Engineer. If the material is copyrightable, the Engineer may copyright such, as permitted by sald.Appendix C, and subject to the rights in the Government as set forth in Appendix C, but the Owner and the Fcderal Government reserve a royalty-free, nonexclusive, and Irreversible license to reproduce, publish and use such materials, in whole or in part, and to authorize others to do so. The Engineer shall Include provisions appropriate to effectuate the pt -pose of this condition in all subcontracts expected to produce copyrightable "Subject Data." (b) All such "Subject Data" furnished by the Engineer pursuant to this agreement are Instruments of his services in respect of the project. I; is understood that they are not in anded or represented to be suitable for reuse on any other project. Any reuse by the Owner without specific written verification or adaptation by the Engineer will be at the risk of the Owner and' without liability or legal exposure to Engineer. Any such verification or adaptation will entitle the Engineer to further compensation at rates to be agreed upon by the Owner and the Engineer. 11 -JS IOST OR PRICE SUMMARY FORMAT FOR SUBAGREEI.IENTS UNDER UT EPA GRANTS Form Approved (Soc nccompnmdng inslruction,R before crlrploting this farm) 0S19 No. 158-RO144 PARTI.GENERAL I. GRANTEE 2. GRANT NUMBER City of Denton, Texas i S. NAME OF CONTRACTOR OR SUBCONTRACTOR - -4. DAT EOF PROPOSAL 1 Freese and Nichols, Inc., Consultin Engineers January 21, 1977 5. ADDRESS OF CONTRACTOR OR SI Z':ONTAACTOR(2ncfude Lip code) S. TYPE OF tEPVI' E 709E FURNISHED I 811 Lamar Street Detail Design Drawings, I! Fort Worth, Texas 76102 Specifications and Bid Documents For Sewage Plant Improvements and Sewage Collection System. PART 11-COST SUMMARY I ESTF 7. DIRECT LABOR (Specllr laboreareaorles) MATED HOURLY r ESTIMATED TOTALS HOURS RATE COST roiec onager an ssocia a 1686 f 12.50 s 1;07 Design n9 neers ,y 6430 9.00 ~T;e ec n c an - 7146 6.40 8~43d~ ecre ary 110 4.'25___ -yU urve er ay 19 30.00 21470 ' DIRECT LABOR TOTALr 3 ~~-s81 0. INDIRECT COSTS (Specify lndlrcct cane pools) RATE s BASE n ESTIMATED COST wl Direct On Labor 0.29 s~fl,816 $ 371937 General and Administrative 0.51 130,816 66,711 INDIRECT COSTS TOTAL: 5104 653 9, OTHER DIRECT COSTS A. TRAVEL ESTIMATED COST I F.' S TRANSPORTATION 471 (2) PER DIEM TRAVEL SUBTOTAL, 71 b. EQUIPMENT, MATERIALS, SUPPLIES (Specify csleaorfes) OTY COST ESTIMATED COST Reproductions L.S. $ s 2,688 - ' > EQUIPMENT SUBTOTAL, ,,1. ~-2,68_8 , o.SUBCONTRACTS ESTIMATED ° COST] Architect s 8,000 SUBCONTRACTS SUBTOTAL, i 11 f d. OTHER (Spe Ufy rNeaorles) ESTIMATED COST l OTHER SUBTOTAL: f r,' OTHER DIRECT COSTS TOTAL, 11159 10, tOTAL ESTIMATED COST $246,622011 PROFIT IS 36 994 12. TOTAL PRICE 283 622 E PA °Hrm $700.41 12.761 PAGE I OF 6 Apps red OWN N.. I-RO144 • PAPT III -PRICE SUMMARY 1 COMPETITORS CATALOG LISTINGS, IN-HOUSE ESTIMATES, PRIOR QUOTES 17. MARKET PP ED (fndicela bode for price <omF arlean) PAICEI SI PRICE ~ I 1 vjyya,]]gtr~ j I ! 7 ]~.t ~i`' ICS A} ry ' y7SI. ir' r 1, I ;4 r, l . of E+;iI S PART !1 -CERTIFICATIONS 14. CO N-R IC TOR .:a. HAS A FEDERAL AGENCY OR A FEDEPALLY CERTIFIED STATE OR LOCAL AGENCY PERFORMED ANY REVIEW OP YOUR ACCC JNTS OR RECORDS IN CONNECTION WITH ANY OTHER FECERAL GRANT OR CONTRACT WITHIN THE PAST TWELVE MONTHS? M S{ D NO (FF "Yee" give name address and telephone n,mber of re4ewfng office) Defense Contracting Agency, Atlanta Region Dallas Branch Office 500 S. Ervay, Room 503 Dallas Texas 75001. Tel , 2IL-249-3475 I lab. THIS SUMMARY CONFORMS WITH THE FOLLOWING CPST PRINCIPLES ± COSTS WILL BE ACCUMULATED IN ACCORDANCE WITH 41 CFR 1-15.4 lac. Thi: proposal is submitted for use in connection with and in response to (1) This is to certify to the best of my knowledge and belief that the cost and pricing data summarized herein are complete, current, and accurate as of I f2) January 21, 1977 and that a financial management capability exists to fully and accu- ratelyaccount for the financial transactions under this project. [further certify that I understand that the subagreement price may be subject to downward renegotiation and/or receupmenl where the above cost and pricing data have been determined, as a result of audit, not to have been complete, current and accurate as of the date above. DATE OF EAKe UTION SIGNATURE OF PROP SCR Vice President TITLE OF PROPOSER ~ IA. GRANTEE REVIEWER 1 1 certify that t have reviewed the cost/ptice summary set forth herein and the proposed costs/price appear acceptable for subngreemenl award. I DOTE OF EXECUTION SIGNATURE OF REVIEKfR TITLE CF REVIEWER ffI Id. EPA AEVrEWER (if applicable) I DATE OF EXECUTION SIGNATUPE OF DEVIEAER i TITLE OF REVIEWER EPA Form $700.41 (2.74) PAGE 2 OF S I . , Y r ~ T r f f9 ~~y~~~ v' to ~ J,~ : P I 'T~IfyT•Il"r ~ ❑a r,' ~ r 1 (D W r>' 3 .n .ill A 7~ I N Off? YI a 7 C C 3 ad n . O N w D ~ 0 n 3 n m 3 fD n p n O O'< to :3 D :3 00 N M r , rn `a a tj N fI G ti -.-b a1 o vY z rrt -i 3 rt A< o c O th7 n t7 P rt (D 0~ " W R V.. O rn .C r I~ ~ a Z N 4 W3 x O CID -n 1~9 O fD xY~ W (D 0 i rr~ N m 51, tj 0. I d CO co :j 2, 0 F.,.~I \ o vi vi • n ~ Y m ~ ~ CL v V I F.; Fl- t7 N ro _1~ a v ~1 rf r+ K 0 v v rnll O`~ J C7 O 0 t9 n 0 O e' Y t7 " Y 'J H y p, 'O to p (DD E3 a h.. 'I n o 3 aKN-4 -ZC F.. o m C 'C a oa l0 i€. a ~ir1l'~~rA1:iplugCl~d1~ k i ~-r b a r LZ LICENSE OR PEfiMIT BOND STA1E OF TEXAS LIFE & CASUALTY THE /ETNA CASUALTY AND SURETY COMPANY Hartford, Connecticut 08115 KNOW ALL MEN BY THESE PRESENTS' That we, Nathan R. Allen d/b/a ALLEN PLUMBING, HEATING & AIR CONDITIONING as Principal, and THE ATNA CASUALTY AND SURETY COMPANY, a corporation duty incorporated under the laws of the State of Connecticut end authorized to do business in the State of Texas, as Surety, are held and !bmly bound unto the City of Denton, Texas, Grayson County, Texas, in the penal sum of One thousand & no/1Q$ 1,000.00 I Dollars, for the payment of which we hereby bind ourselves, our heirs, executors and administrators, jointly and severally by these presents. THE CONDITIONS OF THIS BOND ARE SUCH, that the said Principal has applied for a license as Plumbing, Heating, Air ConditioningiriP.5%t RMWrWith the requirements of the ordinances of said City, and has agreed to hold said City harmless from any damage by reason of his failure to comply with such ordinances. NOW, THEREFORE, if said Principal shall faithfully perform all the duties of Plumbing, Heating, Air Conditioning Contractor according to the requirements of the Ordinances of said City, and prntect said City from any damage as hereinbefore stated, then this obligation shall be null and void; otherwise to remain in full force and effect. This bond may be terminated as to future acts of the Principal upon thirty (30) days written notice by the Surety; said notice to be sent to the Secretary of the aforesaid City, by registered mail. Otherwise this bond expires at mid. night March 3 1978 ALLEN II~G Dated March 2, 1977 By HFAIIN CONDITIONING i„ Rinupsl THE AETNA CASUALTY AND SURETY COMPANY 8y`~;~1 • V~~t~ (Roy I,. McKfnney,111) AtlaMy-in-fKl ` IS-20831 tD. 1671 PANTED PI U! A. hm~ T .b ~ 'i I Or HARWELL AGENCY 303 WEST WOODARD STEEET • DENISON, TEXAS 75010 • TELEPHONE 665.5050 Sam E. Harwell Roy L. McKinney, 111 March 2, 1977 City Clerk City of Denton Denton, txae 76201 Dear Sir: We have enclosed original License Permit Bond effectiv, March 3, 1977 for Allen Plumbing, Heating 6 Air Conditioning. Trusting you find in order., we are Yours very truly, MCKjJN~WFL~. A-~ Roy L, McKinney,iII Encl. cc: Allen Plumbing, Heating & Air Conditioning P NOME OF CANCELLATION OF BOND BY SURETY City of Denton City Secretary Denton, Texas Bond No: 90 34 75 Principal: Truman i!arp Obligert: City of Denton Type: License Bond Perform Electrical work in the City of Denton Amount: $1,000.00 The undersigned company, as Surety, hereby notifies you that Its above described bond Is hereby cancelled effective ten days from receipt hereof and that as said Surety It shall not be responsible for any acts or defaults comrnltted or lass occurring after said date. , Dated this 4th day of March 1977 Gulf Insurance Coropygyl_ By: Mar ha Maxwell Attorney-I c cc: Ramey, Kinq & Minnis Denton, Texas i DS914 (10-74) K - ~ / ~ ~ r F I NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DENTOn BY ADDING A NEW ARTICLE VIII TO CHAPTER 24 "SPECIAL REGULATIONS AT TEXAS WOMAN'S UNIVERSITY"; AUTHORIZING TEXAS WOMAN'S UNIVERSITY CAMPUS PATROLMEN TO ENFORCE ALL TRAFFIC LAWS WITHIN A PARTICULAR DESCRIBED AREA; PROVIDING THAT SLCH PATROLMEN SHALL NOT BE EMPLOYEES OF THE CITY OF DENTON, TEXAS, NOR BE ENTITLED TO ANY COMPENSATION FROM THE CITY OF DENTON, TEXAS FOR SERVICES PERFORMED; PROVIDING JURISDICTION AND CONTROL OF PARKING LANES WITHIN CERTAIN DESCRIBED STREET PORTIONS WHICH ABUT PROPERTY OWNED BY THE STATE OF TEXAS] PROVIDING LIN,ITATIONS TO SUCH JURISDICTION AND CONTROL; PROVIDING A PENALTY FOR VIOLATIONS THEREOF; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the commissioned and bonded campus security personnel of Texas Woman's University are peace officers, authorized under the provisions of Revised Civil StatuteL Article 2919] to preserve the public peace, protect the property of the State of Texas, and enforce all traffic and parking laws, with all the powers, privileges and immunities of peace officers while on property under the control and jurisdiction of said University; and WHEREAS, it is in the public interest :„°t thQ aforesaid eampua patrolmen be authorized to enforce traffic and parking laws and regu- lations beyond the existing control and jurisdiction of said University, but within the immediate area and neighborhood of same; now, therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS! SECTION I. That the Code of Ordinances of the City of Denton, Texas, is hereby amended by adding Article VIII "Special Regulations at Texas Woman's University", and shall hereafter read as followse "ARTICLE VIII, SPECIAL REGULATIONS AT TEXAS WOMAN'S UNIVERSITY Section 24-179 - AUTHORITY GRANTED TO BOARD OF UNIVERSITY PURPOSES,. , , The Gcverning Board of Texas Woman's University is hereby granted and delegated jurisdiction and control of the parking lanes within the street portions described in Section 24-190 hereof, which street portions abut: property owned by the State of Texas and under the control of said Texas Woman's Universityo for the following purposeal (a) To aseign parking spaces and designate parking areas and their use, and assess a charge therefor; (b) To prohibit parking as it deems necessary; (c) To remove vehicles parked in violation of its Rules and Regulations, Laws of the State of Texas, or ordinances of the City of Denton, r:t• the expense of the violator; (d) To issue traffic tickets in compliance with the pro- cedure established by the Denton Municipal Court; (e) To enforce such regulations and traffic laws through its commissioned peace officers jointly with City of Denton police officers. Section 24-180 - STREETS UNDER UNIVERSITY JURISDICTION PARKING RESTRICTIONS The jurisdiction and control granted to the Governing Board of Texas Woman's University for the purpose of enforcing traffic laws and regulations pertains to the following street por- tions: (a) Bell Avenue from University Drive to Texas Street; (b) Texas Street from Bell Avenue to Oakland Street; (c) Oakland Street from Texas Street to Locust Street; and the jurisdiction and control regarding regulation o€ parking shall pertain to the following street portions: (a) Bell Avenue, West side, from University Drive to Texas Street; (b) Oakland Street, East side, from Texas Street to Locust Street, Provided, however, that no parking shall oe allowed upon any street portion described above which is contrary to any provision of the Revised Civil Statutes Article 6701d, Section 95, or any city ordinance pertaining to any such street portion dated subse- quent hereto. Section 24-181 - AUTHORITY TO CARRiI ARMS, ENFORCE TRAFFIC AND PARKING LAWS, Each commissioned peace office: regularly employed by Texas Woman's University, including future employed, who is bonded as re- quired by Section 3, Revised Civil Statutes Article 2919j, after -2- ~v taking and filing the oath required of peace officers by the Consti- tution of the State of Texas, is hereby authorized to carry arms in the performance of his duties, and to enforce all traffic and park- ing laws of the City of Denton, and the State of Texas. Section 24-182 - LIMITATIONS UPON AUTHORITY. This extension of police jurisdiction of said campus peace officers shall apply to enforcement of traffic laws and ordinance3 only, except when otherwise authorized in writing by the Chief of Police of the City of Denton; and provided further, that each such campus peace officer shall comply with all orders given by the Chief of Police of the City of Denton which concern law enforcement within the abuve described area, whether emergency or routine, and failure to comply with any such order is declared to be grounds for immediate revocation of this Article by the Council of the City of Denton. Section 24-183 - PROCEDURE UPON ARRESTS OF VIOLATORS. The procedure upon arrests of violators shall be the same as the procedure set out in Section 24-173, Article VII. "Special Regulations at North Texas State University", Section 24-184 - AUTHORITY TO DIRECT TRAFFIC AS CONDITIONS REQUIRE, In case of fire, emergency or to expedite traffic, Texas Woman's University peace officers may direct traffic as conditions may re- quire, and Lt shall be unlawful for any person to fail to comply with any lawful o;-der or direction of any such officer. Section 24-185 - DUTY TO OBEY TRAFFIC SIGNS, SIGNALS AND MARKINGS. (a) It shall be unlawful for the driver of any vehicle to dis- obey the instructions of any traffic sign, signal, or marking con- structed, installed, or painted within the area of joint jurisdiction when same are authorized by the Governing Board of Texas Woman's University, unless such driver is otherwise directed by a police offl-er, (b) 611 such traffic sign, signals or markings shall be deemed authorized by said Governing Board, -3- I1 Section 24-186 - PRESERVATION OF UNIVERSITY AUTHORITY OVER STUDENTS AND PERSONNEL. Notwithstanding any of the provisions of this Article, all offi- cers commissioned by the Governing Board of Texas Woman's University may be authorized and empowered by the said Board to enforce rules and regulations promulgated by it regarding !.ts students and personnel. Nothing herein is intended to limit or restrict the authority of such institution to promulgate and enforce appropriate rules and regula- tions for the orderly conduct of the institution in carrying out its purposes and objectives of its students and personnel. Section 24-187 - PRESERVATION OF POLICE POWERS OF CITY. No provision of this Article shall be so construed as to limit the police powers of the City of Denton, or to limit in any manner its law enforcement jurisdiction. Section 24-186 - CAMPUS POLICE NOT CONSIDERED CITY EMPLOYEES. Nothing in this Article shall be so construed as to render any such Texas Woman's University employee an employee of the City of Denton, Texas, or so as to subject any such employee to the disci- pline of the Denton Police Department, or so as to create any rights or liabilities for any such employee under the Fireman's and Police- man's Civil Service Act, and no such employee shall be entitled to any compensation from the City of Denton, Texas, for any act performed, or any liability or injury incurred in the performance of his duties; it being the purpose and intent of this Article only to extend the physical jurisdiction of Texas Woman's University Peace Officers in a limited manner." SECTION II. Any person who violates any provision of this ordinance shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished by a fine not to exceed Two Hundred Dollars ($200.00). Each day such a violation shall continue or be permitted, shall be treated as a separate offense. SECTION III. That if any section, subsection, paragraph, sentence, clause, phrase or word to this ordinance, or application thereof to any 4- person or circumstances is held invalid by any court of competent Jurlsd+..,tion, such holding shall not affect the validity of the ramaini,ig portions of this ordinance, and the Cite Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity, SECTION 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-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 A. D. 1977, CITY OF DENTON, TEXAS ATTEST: MOKS HOLT, =70WPAR4 CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: ~S~HAr CITYPAUL-C ATTORNE4 CITY OF DENTON, TEXAS -5- ~ , , C~ , ' j}f(~ f ~f ` `r r ~ r