HomeMy WebLinkAbout02-1979
F4F il,;T
QA ft Y
x979
OATH OF OFFICE
Elizabeth Garrett do solemnly
swear (or affirm) that I will faithfully execute the duties of the
office of Traffic Shfe ~M_Sunnort Commissj n
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 21
day of Febru , A.D. 19 79 Yo certify wwW Tc~'
witness my an and seal of office.
I SECRETARY
/ CITY OF DENTON, TEXAS
Mice VanBorsc;Lsn - Notary
I~
1
~ \S
r
1, ~
r~
~0~9 }R~ ~
~ ~
~f
Bond Number: 02.94-75
American Home Assurance Company oll
Granite State Insurance Company
The Insurance Company of the State of Pennsylvania American International Companies
National Union Fire Insurance Company of Pittsburgh, Pa. Principal Bond Office
New Hampshire Insurance Company 102 Maiden Lanc, New York, N.Y.: D005
LICENSE AND/OR PERMIT BOND
KNOW ALL MEN BY THESE PRESENTS:
Orkin Exterminating Company, Inc.
That as Principal, and
American F1ome Assurance Company
_-as Surety, ne held and firmly bound
City of [CRLOn, Texas
unto Obligee, in the full and lust sum
ONE T1OUSAND DOLLARS $ 00/100 10000.00
of
Dollars (S_ . . - - --I.
lawful mnney of the United States, to the payment of which sum, well and truly to be made, the Principal and Surety bind themselves, the,
and each of their heirs, executors, administrators, successors and rvgns, jointly and severally, firmly by these presents
WHE REAS, the above bounden Principal hae obt;lned or is about to obtain from the said Obligee a
License or Permit to engage in the business of exterminating xX%XX
the term of which is sat indicated opposite the block chocked betow:
Beginning and ending
conrnuo,s, beginning February 1, 1979
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the aboa,e bounden Principal at such licensee of per
milted shall indemnify said Obligee against all loss, cats, expenses or damage to it caused by Said Principal's non-compliance with or breach
of any laws, statutes, ordinances, rules or regulations pertaining to such license or permit Issued to the Principal, which said breach tr non•
compliance shall occur during the term of this bond, then this obligation shall be void, otherwise to remain in full force and effect.
PROVIDED, that if this band is for a fixed term it may be continued by Certificate exacutod by the Surety hereon; and
PROVIDED FURTH£n, that regardless of the number of years this bond shall continue w becontinued in force and of the number of pre-
miums that shell be payable or paid, the Surety shall not be liable hereunder for a larger amount, in the aggregate, than the amount of this
bond; and
PROVIDED FURTHER, that if this Is a rontinuous bond and the Surety shall w elect, this bond may be cancelled by the rwrely as to sub
h sequanI liability by giving th irty 1301 days notice In writing to said Obligee.
Signed, sealed and dated eb a1, 1973
/ ll ORKIN EERNIINATING MIPANY, INC.
~ IP;inu IsH~1(Witness}
_ITdiel
COUMcRSIGNF.D BY: By _V-0i
ffilERICAN I[DIE ASSURANCF, CILIVArdY
TEXAS DW GENT re%QJ
(J
By r ~ 11 _
11IOIM F. BOYER "~y1 Attorney In-Pact
1 8.75 (7.751
A
A/~ American Home Assurance Company POWER OF ATTORNEY
l National Union Fire Insurance Company of Pittsburgh, Pa.
Principal Bond Office 102 Maiden Lane, New York, N. V. 1000S
` No. 07-B-08760
KNOW ALL MEN BY THESE PRESENTS:
That American Home Assurance CoiTpiiny, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa.,
a Pennsylvania corporation, does each hereby appoint
------Fred W. Woodward, Jr. and/or 2liomas F. Boyer,, of Atlanta, Ceorgia------
its true and lawful Atiorneylsl-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizancris and other
contracts of indemnity and writings obligatory in the nature thereof, issued in the course of Its business , and to bind the respective
company thereby.
IN WITNESS WHEREOF, American Home Assurance Company aG_d National Union Fire Insurance Company of Pittsburgh, Pa.
have each executed these presents
'~~s ey,~'4y ,'su,nxrgrL this_l...day of _October 19_7..@.
n
Jams A. lsterman, Vice President
STATE OF NEW YORK tt
COUN WYORK
On this
On this 31 day of October yg 78, ~aN c
before me carne the above named olticer of American Home ~y r40 4&r 4
Assurance Company and National Union Fire Insurance Company ,NiSEiN H. YdLl rt'~L1A
of Pita'wrgh. Pa, to me Derunally known to be the individual and ' yr 1110" Pubile State of hrw YcA
officer described herein, end acknowledged that he executed the ~gt1C t no. 111.93993M
foregoing instrument and affixed the seals of said corporations y!r ~0 Ouallfied In Xings Cocar~ly
thereto by authority of his olfics. 0P Sa CeAlficala Illed In New York COUnIy
s CERTIFICATE 4~--
Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire
Insurance Company of Pittsburgh, Pa. on Mav 18, 1976:
h "RESOLVEO, that the Chairman of the Board, the President, or any Via President be, and hereby Is. euthortzad to appoint Attorneybie•Fect to
represent and act for end on behalf of the Company to execute bonds, undertakings, recopnlzentes end other contracts of Indemnity and writings
obligatory In the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction, of Its surety business;
r "RESOLVED, that the signatures and a"ottitions of Such oflicers end the seal of the Company mcy be affixed to any such Power of A tiorney or to
any certificate relating thereto by facsimile, end any Such Power of Attorney or certificate bearing such frog mile eignsturssor IKSlmilo seal Shall be
valid and binding upon the Company when to affixed with reveres to any bond, undertaking, recognizance or other coibract of Indemirt ry or wrldng
obligatory In the nature thereof;
"RESOLVED, that env such Alto, may in-Fact delivering a Secretarial certification that the foregoing resolutions stiff be in affect may Infort in such
certification the date thereof, Said data to be not later than the data of delivery thereof by such At torney-lito Fact"
I, Marion E. Fajen, Secretary of American Home Assurance Company and of National Union Fire Insurance Company of
Pittsburgh, Pa. do hereby certify that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corpora.
tions, and the Powers of Attorney issued pursuant thereto, are true and correct, and that both the Resolutions and the Powers of
Attorney are in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile teal of each corporation
A,ketw4r4 esoefixtraa this 1St day of February
Am4ann 46'.
* m, AeA •~r4SC► f" Marlon E. Fajen. Secrets
23240 (5/17)
ells
I i
• `
1
\ /d
\\l
L
~ .
~r
i
c
;l>
. :A 8 go
rrH E STATE Or TEXAS + KNOW ALL MENlBY THESE `PRESENTS:
COUNTY OF DENTON
THAT CARLO J. FARINA, JR.DEERUSEiMRDS 3.1857
of Denton County, Texas , In consideration of the aum of
One Dollar and No/100 ($1.00) and other gkod and valuable consideration
in hand paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by
these presents grant, bargain, sell and convey unto to the City of Denton, Texas, the free
and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following
described property,
c
j owned by him . Situated in Denton County, Texas, in the
F. Batson Survey, Abstract No. 43
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 F. Batson Survey, Abstract No. 43,
.ad also being part of a tract of land as conveyed from Robert E. Ballew and Joseph l'.
~Ballew to Carlo .1. Farina, Jr., Pt al by dead dated November 30, 1972 End recorded in Vol-
ume 661, Page 114 of the Deed Records of Dentun County, Texas, and more particularly des-
cribed as follows:
BEGINNING at the northwest corner of said rarina Tract, said point of beginning lying in
the south boundary line of a tract of la.iu conv^yed from Charles S. Wilkins and wife, to
Archie C. Payne dated September 19, 1939 and recorded in Volume 277, Page 451 of the Deed
Records of Denton County, Texas, and also lyin in the east right of way line of IH-35;
HEN(:" south 89°00'57" east along north boundary line of said Farina Tract said being the
south boundary line of said Payne Tract a distance of 1492.1 feet to a point for a corner
ame being the northeast corner of said Farina Tract;
HENCE south 0° 33'06" west along the east boundary line of said Farina Tract a distance
of 8.0 feet to a point for a corner;
HENCE north 89°00'57" west 8.0 feet south of and parallel to the north boundary line of
said Farina Tract and the south boundary line of said Payne Tract a distance of 1491.61
feet to a point for a corner in the west boundary line of said Farina 't'ract same being the
ast right of way line of IH-35;
HENCE north 2°56' west along the west boundary line of said tract same being the east righ
f way line of IH-35 a distance of 8.02 feet to the place of beginning and containing
1,935.24 square feet of land, more or less.
aid easement is conditioned upon (1) the City of Denton including the above described pro-
erty within the proposed one hundred foot (100') wide Windsor Street right of way when
aid street is extended along this easement and (2) that the City of Denton will pay for
11 relocation of existing utilities resulting from the construction of Windsor Street aloe
his easement.
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 obstructions as may now be found upon said property.
For the purpose of constructing, installing, repairing imd perpetually
maintaining 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 representatives having ingress, egress, and regresl In, along upon and across
said premises for the purpose of making additious to, Improvements on and r±paLs to the said
public utilities, or
any part thereof.
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for
the purposes aforesaid the premises above described.
Witness his hand , this the ay of Feb A. 19 79 .
i
C - FA I A, J EE
1411,
SINGLE ACXNOWLEDGDIENT
Till: STATE' OF TEXAS, BEFORE DIE, the undersigned authority,
COUNTY OF DALLAS
in and for said County, Texas, on this day personally np;mared .Carlos..J....-Farina, 1r..,.-TXUS.Lee_.._.,.._....._..
~..t
knot%n to mo to he the pcrs, e t 7Lnee name is subscribed to the foregoing\instrument, and ackbou•ledged to me
thet he uxccutrI the same for the purposes and consideration therein Prrwscd, '
GIVEN UNDER 5l1' HAND AND SEAL OF OFFICE This f _r A.D. "1979_.
Notary Public, b.~sR! County, Texr,s
DIy Commission Expires, 18~`
SINGLE ACKNOWLEDGMENT
THE STATE OF TEXAS, I 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 _ ._.whose name aubscribed to the foregoing Inst-:meat, and acknowledged to me
that .._.be executed the same for the purposes and consideration therein expresseri.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of.....______ A.D. 19
Notary Public, County, Texas
lift. rrrnmisslnn Expires June 1, 19
CORPORATION ACKNOIVLEDGDIENT
THE STATE: OF TEXAS, t BEFORE: ME, the undet.,igned authority,
COUNTY OF f
in and for said County. Texas, on this clay personnlly appeared
knattn to me to be thr persrm rind efllcrr
whose narue Is subscribed to the f~~rrt;oin~r inrhrunu nt and acknnth9cdt;r-d to m! tf~nt tl,e same tvrhs the a,t of thn said
a Cmpora;inn, and that he evcutel the aa;ne as th" act of arch cor{~oratinn fnr Ilm p irp, s,s and ccnsidkrLti,n therein
expressed, and In the capacity therein staled.
GIVEN UNDER DIY HAND AND SEAL OF OFFICE, This day of A.D. 19
Notary Public, County, Texas
My Commission Expires June 1, 19 CLERK'S CERTIFICATE
THE STATE OF TEXAS, SlArF OF TDU(s_.......... COtf County
KTY Uf bENTOM
COUNTY y y' and CyrlyCLE 'l pp
FBp~~ netrument of writing dntad on the
y ~9 ~Ee on
date of A, Al044 1n SYrumenl was was fin ihs
Clerk of the he Count Court of said Count do AeAdata'arllgitd hrvw* 4#Vdg4 jfrRt Authentication, tins filed for
do
._.of.QanWn ° wlemr rf)N MA eodrds o'clock M., and duly
record in my office on the day or Coo-rtre
rcon by
ecorded this day of only o ardrl q b aid CC D, IV Volu4 o 'cloronk in the
. 7nges DI
WITNESS DIY HAND AND SEAL OF THE. ~ sAt Coo v of office in...
_ Qoa nd year F t r
QQUNrCQti14Q~FOour Illow County, Texas.
(L, S,) By . _ Deputy.
o ° C i~3 N
l I I G7 I ty G 0 L y ~ I~.~ ~
Pi ~ I V ~ a i
a` ~9 fiU'i o~ j z
U ell 12
w I (~-a1 i ! ! r8' - t47S4tyT'' w -ya
fa ~ ~ ~ 1+9 ) ~ I ..111iid M F'1
d ti a b tl $ y
Y .~r )fl 91
n
N0.'9- 13
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
CALLING AND ORDERING AN ELECTION '10 BE HELD ON THE 7TH DAY OF
APRIL, 1979, THE SAME BEING THE FIRST SATURDAY IN SAID MONTH
FOR THE PURPOSE OF ELECTING THREE (3) COUNCILPERSONS FOR THE
CITY OF DENTON, TEXAS, IN ACCORDANCE WITH THE PROVISIONS OF
ARTICLE II, SEC71ON 2.01 OF THE CHARTER OF WE CITY OF DENTON,
TEXAS; ESTABLI13HING THE HOURS AND PLACE FO. THE SAID ELECTION;
PROVIDING ):OR PUBLICATION OF THIS ORDINANCE AND POSTING IN
THREE PUBLIC PLACES IN THE CITY OF DENTON AS NOTICE OF SAID
ELECTION; DIRECTING THE CITY SECRETARY TO MAKE UP THE OFFICIAL
BALLOTS, CAUSING THE SAME TO BE PRINTED AND DELIVERED TO Till:
PRESIDING OFFICER; PROVIDTNG FOR THE MAKING Oi' OFFICIAL 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 East McKinney Street., in the City of Denton,
Texas, between the hours of seven o'clock (7:0p) a.m. and seven
o'clock (7:00) p.m, on the 7th day of April, A.D. 1979, the same
being the first Saturday of said month, for the purpose of electing
three (3) Councilpersons for the City of Denton, in accordance with
the provisions of Article II, Section 2.01 of the Charter of the
City of Denton, Texas.
SECTION II,
(a) That threo 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
Denton £:r two (2) year terms.
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 three public places of the said City,
one of which places shall be at tb-, Municipal Building, for thirty
(30) consecutive days prior to the date of said election and this
ordinance shall be published in full one time in the Denton Record-
Chronicle at least thirt, (30) days prior to said election.
SECTION IV.
That _~~eo1c is hereby appointed presiding
judge of said election, and130,0 1111LL 6W 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 code.
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 '.h,- said presiding judge.
SECTION VI.
That immediately after the counting of the votes the presiding
judge shall deliver the official returns of the election to the City
z 7q-13
Secretary.
SECTION VII.
That on the Tuasday next following the election, the City
Council shall canvass the returns and declare the results which
shall be recorded in :he Minutes of the Council.
SECTION VIII.
That the candidate who receives the majority of the votes cast
for each place shall be declared elected and the Mayor shall deliver
certificates of election to the successful candidates. If two or
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 fourteenth
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 u: votes at the
first election shall be printed on thi ballot. In the event of a
tie at the second election, the tied candidates shall cast lots to
determine which one shall be declared elected to that plac..
PASSED AND APPROVED this the 20th day of February, A.U. 1979.
AUTCHULI MAYOR
OF DENTON, TEXAS
ATTEc,T •
B L , C ' RE
OF DENTON, TEXAS
-3- 9 13
APPROVED AS 70 LEGAL FORM:
L~ bJ T RNE
CITY OF DENTON, TEXAS
-a- 7q r3
I
-r' ~ ~ -
_r s.~
~ ~
~ t,.
t
t , ~l C„
F
`'i f hY~ C.
AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON,
TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 20Tf1
• DAY OF FEBRUARY, A.D. 1979.
R E S O L U T I O N
tk
' WHEREAS, the City Council of the City of Denton is desirous
of creating a joint city-county information and request committee
in order to improve communications with the Commissioners Court
of Denton County, Texas and to seek ways and means of cooperating
with the Commissioners Court on existing joint-funded projects and
i
to explore future areas of cooperation which will benefit the citizens
of the City of Denton and County of Denton;
r
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
HEREBY RESOLVES:
a; That a committee consisting of members of the City Council of
the City of Denton and the Commissioners Court of Denton County be
formed; that such committee be called the "City-County Information
and Request Committee"; and that /~//TL'.yELG
and _Z414RRD S725;4) "r from the City of Denton be
's designated members of that committee.
PASSED AND APPROVED this the 20th day of February, A.D. 1979,
Kww
E ,
Y OF DENTON, TEXAS
ATTEST-
CITY-SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
CITY OF DENTON, TEXAS
7
l Y5! ,+1+.(
.
da d
y± Y t r i
Ltir' e,- }
iv 'i~ r 7 "e {~7 b'r~'✓ti o-.~, S~ I~pf }A. °✓a~~r" Y ^~S" k ' ~ C r~'~1 TJ bT y [ 4 " I I
N 1
I
V
W 'sI
r-~
~ ~`,l
~
F yf .
..w
'ter
f ~
~ .
c ~t
~w,
,
NO.
AN ORDINANCE ORDERING A SPECIAL HOME RULE ELECTION IN THE CITY OF
DENTON, TEXAS, TO BE HELD ON SATURDAY, THE 7TH DAY OF APRIL, A.D.
1979, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF
SAID CITY, FOR THEIR OPINION, PROPOSALS CONCERNING THE DIRECT
ELECTION OF MAYOR AND EXPANSION OF THE CITY COUNCIL; DESIGNATING
THE POLLING PLACE; PRESCRIBING OFFICERS THEREOF; AND DECLARING
AN EMERGENCY.
THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION I.
That a special election shall be held in and throughout the
City of Denton, Texas, on the 7th day of April, A. D. 1979, for
the purpose of submitting to the qualified voters of said City,
for their opinion, the following proposals:
PROPOSAL NUMBER ONE
( ) FOR The direct election of the Mayor
of the City of Denton, Toxas.
( ) AGAINST (A Mayor to have the same respon-
sibilities and duties as the Mayor
presently has under the Charter.)
PROPOSAL NUMBER TWO
( ) FOR The expansion of the City Council
( ) AGAINST from five members to seven members.
SECTION II,
That said election shall be held at the place where the named
i
persons appointed judge of said election as is set out in the ordin-
ance pasting and approving the election of council persons on the
regular scheduled municipal election on Saturday, the 7th day of
April, A. D. 1979.
~e
SECTION III.
That this ordinance shall take effect and be in full force and
effect from and after the date of its passage.
rw
PASSED AND APPROVED this the c527 ` day of February, A, D. 1979.
7
J Z TC L, MAYOR
Y OF DENTON, TEXAS
ATTEST. '
BROOKS HOLT$ CITY SECRETARY
CITY OF DENTON, TEXAS
~APPROVED AS TO LEGAL FORM:
PAUL C. ISHA , CITY AT ORNEY
CITY OF DENTON, TEXAS
•
~ c 4 l
. , ll
s.
~ 1
r J (-'f n
/ r- , ~ t~
i \
~ ` i
~
~
t,
•
i
4 .
~ r
i`...
I
NO. AN ORDINANCE AMENDING CHAPTER 25 OF THE CODE OF ORDINANCES OF THE
CITY OF DENTON, TEXAS, BY AMENDING SECTION 25-59 (a) RESIDENTIAL
RATE (S-1) TO PROVIDE A NEW METHOD FOR COMPUTING MAXIMUM BILLING;
PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
PART I.
That the Code of Ordinances of the City of Denton, Texas, is
hereby amended and changed so that Chapter 25, Article III, Division
2 "Service Rates", Section 25-59 reads as follows:
"Section 25-59" - SCHEDULE
The rates to be charged by the City of Denton for sanitary
sewer service shall be based on water consumption and are hereby
amended as follows:
(a) RESIDENTIAL RATE (S-1)
(1) New Monthly Rate:
0-2,000 gallons $2.95
above 2,000 gallons .53 per 1,000 gallons
Billing shall be based on 98% of water consumption
but shall not exceed a maximum of 20,000 gallons.
Monthly billings for the period March thru November
shall be based on the second highest monthly rate
of water consumption during the immediately prior
months of December thru February. Billings for the
months of December thru Fabruary shall be based on
actual consumption.
New residential customers that do not have a full
prior non-irrigational history (December through
February) will have a maximum bill based on 98% of
water consumption or 7,000 gallons of water con-
sumption, whichever is less.
- 1L
PART II.
That if any section, subsection, paragraph, sentence, clause,
phrase or word in this ordinance, or application thereo: 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 with the customer
utility statements sent by the City of Denton on or after March 15,
1979, 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 on this 20th day of February, 1979, A.D.
U~JVMITCHELLI
Y OF DENTON, TEXAS
ATTEST'
IV
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. H M, CITY ATTORNEY
CITY OF DENTON, TEXAS
-2- 7 R 1.~.
~ \
cc• ~ ~j
~
f
~ n ~
~ ~
, f
r i
C
C i ~
I
? `f i
t,. ' I
t }r
5
i
s~ ~
• k~'
r
1
V 1 Ifp` t X 9 'i. y `rb T.•
,r
Z=1369, RRS,'i'SILLA' dWMIC6
Y No. 79- r~
AN ORDINANCE AMENDING THE ZONING 11AP OF THE CITY OF DENTON, TEXAS,
AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF r
THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-10 ANP AS SAID NIAP
APPLIES TO LOT 6, BLOCK 324, AS SHOWN THIS DATE ON THr, OFFICIAL
TAX MAP OF THE CITY OF DENTUX, TEXAS, AND MORE PARTICULARLY DES- °
CRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
f
SECTION I. e
That the Zoning Map of the City of Denton Texas, adopted the
14th day of Jan.iary, 1969, as an Appendix to the Code of Ordinances
of the City of "Denton, Texas, 'inder provisions of Ordinance No. 69-1,
be, and the sane is hereby amended as follows:
All the hereinafter described property is hereby removed
from the Multi-Family "MF-1" District as shown on said
Zoning 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 Office "0" District
in the same manner as other property located in the a~
Office "0" District;
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 Lot 6, Bluck 324 and being a ,22 acre
tract located at 317 Mulberry 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
0" or particular uses, and with a view to conserving the value of the
c buildings, protecting human lives, and encouraging the most appfo-
% priate uses of land for the maximum benefit to the, City of Denton,
-w, Texas, and its citizens. K
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 Council of the City of Denton, Texas, after giving due
notice thereof.
PASSED and APPROVED This the 20th day of February, A. D. 1979.
I
J .diTCH L, ~ :FOR
G Y OF DENTON, TEXAS
ATTEST'-? .
C4
DWOOKS 0LT, C Y SECRETARY
MY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM'
I , GIrfY etTTOR f-ES(~
CITY OF DENTON, TEXAS
4
1
~^y '"ice ~i
r
~1 \ Y~ ~
lT ~ ~\i ,
1
C i
1
k:-, ~
` ~ ~
~ i k
7 I ~i
--f
t ~1
~ I . p
t~ ,
t-- 7
f
e ~ l 1' } F
( Ag t t y1,. _ * ~'}{fir p.~Y , Y { FYI h
~~737a ~ $ "L AV V(iL(u~ Yrk ~4°k'f ~yP~f~'~
4 NO 7q'lD
a u~
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 [,`a
APPLIES TO LOT 11, BLOCK 431, AS SHOWN THIS DATE ON THE OFFICIAL
TAX HAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DES-
CRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY 01' DENTON, TEXAS, HEREBY ORDAINS: I4
SECTION I.
ja
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, Ter.as, 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 Two-Family "2-F" 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 Commercial "C" District in the
i.,
same manner as other property located in the Commercial C
"r District;
m
r
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 11, Block 431 and being a .23 acre
tract located at 513 Bolivar in the City of Denton, Texas.
xu.
SECTION II.
y 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
a for the character of the district and for its peculiar suitability
a 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,
d` 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 Council of the City of Denton, Texas, after giving due
notice thereof.
PASSED and APPROVED This the 20th day of February, A. D. 1079,
3 E
r MAYOR
Y OF DENTON, TEXAS
ATTEST,
00 0 , ~I SEhRE RY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
PAUI; C. ISH , CITY A710ME
CITY OF DENTON, TEXAS
-3+ ..i
r
~L 1 j
~ ~
~ 1~
~
~ '
i^ ~
t ; i ~ ~
S i ~
J
I '9
i I
~u i ~7
..',i' t '
Sl
J0 $9Y r~,t
NO, 79_q_
AN ORDINANCE AMENDING THE ZONING HAP OF THE CITY OF DENTON, TEXAS,
a 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 4, BLOCK 30370 AS SHOWN THIS DATE ON THE OFFICIAL
TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DES-
CRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. A
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: n
SECTION I.
That the Zoning Map of the City of Denton, Texas, ,dopted the
14th day of January, 1969, as an Appendix to the Code of Ordinances a,
of the City of Denton, Texas, under provisions of Ordinance No. 69-1,
be, and the same is hereby amended as follows:
'A All the hereinafter described property is hereby removed is
from the Agricultural "A" 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 Single Family "SF-7" District in
the same manner as other property located in the Single'
'
a Family "SF-7" District;
All that certain lot, tract or parcel of land lying and
being situated in the City and County of Denton, State of
`'e< Texas, and being Lot 4, Block 3037 and being a 36,646 acre {
tract bounded on the east and south by Highland Park Road,
Said tract begins approximately 711';0 feet south of Willowwood
in the City of Denton, Texas.
SECTION II.
That the City Council of the City of Denton, Texas hereby
r finds that such change is in accordance with a comprehensive plan
Saz 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
'y or particular uses, and with a view to conserving the value of the
ti
Fp,~ buildings, protecting human lives, and encouraging the most appro-
priate uses of land for the maximum benefit to the City of Denton, x
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 Council of the City of Denton, Texas, after giving due i
r notice thereof, x
lPASSED and APPROVED This the 20th day of Februar , A. D. 1979,
JO 1 CHEL , MAYOR
C Y OF DENTON, TEXAS
AT
1G,G r
BROW HO LT r SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
a& t 60~ ITY Am U
PAUL C, CITY OF DENTON, TEXAS
,.r.
~
,y.. ~ ~ ti
c,
y~
r., F
k ~ i
n
f r
*i
I
~ s`
,~Y
sC'~ T.
AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON,.
FEXAS, HELD IN THE MU'JICIPAL BUILDING OF SAID CITY ON THE 20TH
DAY OF FEBRUARY, A. D. 1919.
THE STATE OF TEXAS 1
COUNTY OF DENTON I RESOLUTION IN APPRECIATION OF
CITY OF DENTON JACK OWEN~
`t.
t F~
WHEREAS, on Match 2, 1919 the City o6 Denton and its citizens
Witt .Zone the sehviees o6 Jack Owen, an exceptional and dedicated
public servant; and
WHEREAS, that date Witt mark the end 06 6outteen years o6;
public senviee with the City o6 Denton by Jack Owen; and
WHEREAS, -those yea40 have been times o6 steady civic aceom-
ptishment by the City o6 Denton and Jack Owen has contributed
gteatty to -those accomptishmentz; and
WHEREAS, among -those aceomptishments were zigni6ieant street
and boutevatd ptojects such as the eomptetion o6 Notth and South
Catrott Boutevatd; the imptovement o6 University to Ma.tone, the extension and improvement o6 Bett Avenue; the improvement o6
$hehman Drive; and the completion o6 imptovements to McKinney
Street 6Aom Bett Avenue to Cattolt Boutevatd; and
WHEREAS, Jack Owen's eont4ibution to the 6-ietd o6 pubt.ic
works administtr.tion is known throughout the State and in 1918 he
was teaog nized as the "Outstanding Man o6 the Yeat in Pubtie Works
in Texts and a.
WHEREAS, Jack Owen has served the City o6 Denton in the capac-
ities o6 W'atet and Sewer. Superintendent, Interim Utit.ities Ditectot,
Acting Finance Diteetot, Acting Patka and Recreation Diaeetot, i
Acting City Managers and Assistant City Managers; and
t~
WHEREAS, these ate only a hew o6 the aceomptishments made dun-
ing the tenure o6 Jack Owen as Assistant City Managers o6 Denton;
and
at
WHEREAS, Jack Owen has exhibited outstanding expertise, coupted
with hard work and an exceptional ability to botve probtems, and has
gained the %e6pect and admiration o6 the Municipal Sta66;
NOW, THEREFORE, the City Council o6 the City o6 Denton acting
on behat6 o6 the citizens o6 Denton w.iahes to acknowledge with gtate-
6ut appreciation the service o6 Jack Owen and the devotion he has
given to the o66iee o6 Assistant City Managet o6 the City o6 Denton,
and otder that this Resolution be made a part o6 the o66.iciat minutes
o this Councit to be a permanent reeotd o6 the City, ttat a copy 06
t is Resotution be 6otwatded to him, the aaid Jack Owen, as a token
o6 our appreciation.
PASSED AND APPROVED this the 20th day o6 February, A, D. 1919.
i
4ftY DEN70N, TEXAS
ATTEST r
J
HOLTj CITY
CITY OF DENTON, TEXAS
APPROVED AS TO LEG, L FORM s
.ems--- NLY
I% C lSffAMj CITY P ,
CITY OF DENTON, TEXAS
r.
I
I
C~
I
~
r t
• ~
CH,
~
,
4 FY
C N1'.
Z J'ohfl Post ~r
d T
NO.
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, 4'
AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF
THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-10 AND AS SAID MAP
APPLIES TO LOTS 18 AND 19 OF BLOCK 349, AS SHOWN THIS DATE ON THE
OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY
t
DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
IO,
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, :Cexas, under provisions of Ordinance No. 69-1,.r
be, and the same is hereby amended as follows:'
! All the hereinafter described property is hereby removed
from the Single Family "SF-7" District as shown on said
Zoning 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 Commercial "C"
tract in the same manner as other property located in ',;he
Commercial "C" District;
A
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 Lots 13 and 19 of Block 349 and being more
particularly described as being 1.14 acres of land located
at the northeast corner of I-35E and Lindsey Street in the y.
City of Denton, Texas.
t
SECTION II.
That the City Council of the City of Denton, Texas hereby
iinds that such change is in accordance with a comprehensive plan
for the purpose of promoting the general welfare of the City of
r„ 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 irrmedi-
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 20th day of February, A. D. 1979.
.
J MITCH' , MAYOR
Y Or DENTONO TEXAS
ATTEST-
AIZ'10~ -
0 , CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
1~-----
AUL 'HAM, CITY ATT6=RN
CITY OF DENTON, TEXAS
r
~I
~V
\Y
`~j
. _ ~ ~ ~ '
~ ~
i
~
C~ _ F
s
~ }
<C ~
~ycl
rl
1 i
ti'Sr
RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING 'Y.
THE CITY MANAGER TO SUBMIT AND SIGN AN APPLICATION TO THE CIVIL SERVICE e'
COMMISSION FOR GRANT-IN-AID ASSISTANCE AS PKIVIDED FOR BY THE INTERGOVERNMENTAL
PERSONNEL ACT OF 1970.
' WHEREAS, the U.S. Civil Service Commission is the Federal agency
responsible for administering federal funds from the Intergovernmental
Personnel Act of 1970;.and.
WHEREAS, City of Denton officials have determined that such assistance
will be of benefit in strengthening the City's personnel system and functions;
and
WHEREAS, the U.S. Civil Service Commission's guidelines pursuant to
the administration of Intergovernmental Personnel Act programs require a r,
resolution authorizing the filing of such an application: x'
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON,
TEXAS:'
Section 1: That the City Council of the City of Denton hereby ~r-
authorizes the City Manager to sign and submit
said application to the Intergovernmental
Personnel Programs Division of the U.S. Civil
Commission.
v R4
Section 2: The City Manager is authorized to handle all
fiscal and administrative matters related to
the application.
PASSED AND APPROVED 'this Aay of February, 1979.
C17Y OF DENTON, TEXAS
r
V
BY: M
Mayor
Art
Attest:
s
d
r.
lY. •.'r' 1. 1
o" 0
. t r f " r C " .y ' ~1
4w1 5yZ7 , e , 7 " l.f 4 1 " .
r.. t' 1'd~ittiC .i,.A Cl i. ice. rie`iA.~.""i .yapN'...
~
~ ~
t S ~l4~ % ~ ~
~ ^ ~
:s 4~ i~
, ~ ,
It
{
r i~
F ,C_ ca
r ~ o
;
;
~
C { ~
F
. ti-~
STATE OF TEXAS )
` )SS:
COIIN'P'i OF DE"!TC
1 -
EASE'-IEN^i AGREEMENT
TILED RECORD W cp
KNOW ALL MEN BY THES,: PRESENTS that the undersigned, DENqPN
MALL COMPANY, a Texas limited partnership, having an office-<'et 1-~;2
North Meridian Street, indianapolis, Indiana 46202, (h_reinafter
referred to as "GRANTOR") for and in consideration of the sum of
One and 00/100 Dollars ($1.00) in hand said, the receipt and cu:fi-
ciency of -which iZ hereby acknowledged and confessed, does hereby
GRANT, BARGAIN, SELL and CONVEY UNTO THE CITY OF DENTON, IN DENTON
COUNTY, TEXAS, a municipal corporation, as a part of its utility con-
trol and distribution system, its successors and assigns (hereinafter
called "GRANTEE"), an easement over, upon, under and across the real
estatc located in Denton Coun~:y, Texas, described in Exhibit "A" and
shown on Exhibit "B", both of which are annexed hereto and made a part
hereof (said real estate located within the easement hereinafter being
referred to as the "easement area") for the purposes of laying, install-
ing, constructing, maintaining, operating, inspecting, altering,
replacing and removing subsurface distribution lines and conduits for
water, telephone and electrical utility service.
It is understood and agreed that the easements described in
Exhibit "A" and Exhibit "B" are solely for the purpose of granting to
the Grantee easements to lay, install, construct, maintein, operat-a,
inspect, alter, replace and remove said distribution lines and conduits,
except that Grantee shall have the right to excavate and perform neces-
sary work upon the surface of the easement areas as and when required
to install, repair, replace, remove and relocate such electric dis:rl-
bution lines and conduits, Grantee shall not erect, install or main-
tain any structures or improvements on the surface of the easement
areas described in Exhibits "A" and "B", except that Grantee may install,
operate and maintain such fixtures and equipment on the surface areas
of the easements as may be necessary to provide electric, water and
telephone service., including but not limited to transformers, switches,
power factor correction equipment, meters az:'. manholes, provided that
any such surface fixtures and equipment shall be ingtallei and rain-
tained on the easement areas in such a man _r and at such locations
as not to unreasonably interfere with the use and enjoyment of the
surface of the easement areas by Grantor and its successors, assigns,
tenants and invitees, for buildings, driveways, roadways and parking
of motor vehicles located on the real estate owned by Grantor. Grantee's
subsurface lines and conduits shall be buried to such a depth below
the surface so as not to interfere with Grantor's permissible use of
the surface area of the easement.
Grnatee shall have the right to ingress and egress over, u•_on and
across any driveways and roadways located on the surface of the lands
owned by Grantor upon and within the boundaries of which the easement
area is located, for purposes of access to the easement area. Grantee
also shall have the right from time to time to cut and remove all trees,
undergrowth and other obstructions within or immediately surrounding
the easement areas which may injure, endanger or interfere with Grantee's
use and enjoyment of the easements granted herein, all of which work
shall be done at Grantee's sole cost and expense.
Grantor shall not, wihtout the lrior written consent of Grantee,
erect or maintain any permanent structures or improvements upon the
surface of the easement areas or perform any act which would impair
1
or interfere with Grantee':. use and enjoyment of the easements herein
granted= PROVIDED, HOWEVER, notwithstanding anything to the contrary
herein contained, Grantor expressly reserves the right to pave the
surface of the subsurface easement areas with porous asphaltic or
other suitable hard surface paving material, and to use the same for
the parking of motor vehicles and for driveways, roadways and side-
walks, and for other purposes which will not interfere with Grantee's
full use and enjoyment of the subsurface easement rights hereby granted.
If the surface of the easement areas or any improvements are
disturbed by Grantee at any time and from time to time by the installa-
tion, repair, maintenance, removal, replacement or other work in con-
nection with said distribution lines and conduits, Grantee at its sole
cost and expense, shall repair and restore the surface of the easement
areas or the improvements to substantially the same condition which
existed immediately prior to any such disturbance, including, without
limitation, any and all necessary repairs and replacement of pavement
Eva U451ACL 606
-2-
which may be removed and excavated by Grantee in the course of doing
any such work within the easement areas. Any work done by Grantee
upon or within t;ie easement areas at any time and from time to time
shall be done at such a time and in such a manner as will cause a '
minimum of interference with the business being conducted by Grantor
upon its land surrounding and adjoining the easement areas, but nothing
herein contained shall prevent or prohibit the Grantee from performing
any of its work during normal and customary daylight business hours.
Tne Grantee shall, at the request of the Grantor, at any time,
and from time to time, remove its distribution lines and conduits and
other facilities from the easement area and release and quitclaim the
easement to the Grantor, provided that the Grantor furnishes the
grantee an equivalent easement which will permit the continuation of
utility service to customers other than Grantor whose service may be
dependent upon the easement granted herein on the same terms as herein
at another suitable location on Grantor's said land, and provided
further such relocation of the lines and conduits shall be at the sole
cost and expense of the Grantor.
It is understood and agreed that the s-sme or similar easements
and rights to use the easement area as are hereby granted to Grantee
hereunder also have been or will be granted by Grantor to one or more
other public utilities or municipal corporations or authorities for
the purpose of laying, installing, constructing, :r.aintaining, operat-
ing, inspecting, altering, replacing and removing subsurface lines,
pipes and conduits in common with Grantee hereunder on the same or
similar terms, and that to this extent the rights of Grantee here-
under shall be non-exclusive and joint and mutual with the rights of
any such other grantees, and that Grantee shall have the non-exclusive
right to use the easement areas in common with each such other grantee
for such use and purposes.
The Crantor hereby reserves the right to grant easerents to other
utilities or services which may in,.•.irsect or transect the easements
granted hereunder. Any easement granted to a utility or service
intersecting or transecting the easements granted hereunder shall ho
subject to the rights of Grantee herein, and shall not be incompatible
with, or interfere with, the continuing use of the easements granted
hereunder.
-3-
UM
TO HAVE AND TO HOLD unto Grantee, its successors and assigns,
so long as the rights and easements herein granted shall be used by
Grantee for the express purposes and upon the terms and conditions
specified, with ingress to and egress from the easement areas, for
the purposes of construc.ing, installing, repairing, maintaining,
replacing and removing the facilities of Grantee herein described,
but subject to all. liens, encumbrances, restrictions and prior ease-
ments of record. PROVIDLD, HOWEVER, notwithstanding anything to the
contrary herein contained, the rights and easementa herein granted
shall be released and vacated by Grantee upon cessation by Grantor
of the use of its land surrounding and adjoining the easement areas,
unless Grantee reasonably requires the continued use and maintenance
of either easement as part of its distribution system for continuation
of utility service to customers, other than Grantor, whose service may
be dependent upon the easements granted herein.
Grantee shall indemnify, defend and hold harmless the Grantor,
its successors and assigns, from and against any and all loss, cost,
damage, expense, liability, claims, demands, actions and causes of
action arising out of or resulting from Grantee's use and enjoyment of
the easements and the installation, maintenance and operation of said
lines and conduits by Grantee, including, wihtout limitation, any and
all claim:; and actions for personal_ or bodily injury, including death,
to any person, and damage to the property of any party.
It is agreed that this grant covers all the agreements between
the parties and that no representations or statements, verbal or
written, have beer made modifying, adding to or changing the terms of
this agreement.
This instrk:nent shall be binding upon the parties, their successors
and assigns.
IN TESTIMONY WHEREOF, the Grant r herein has executed this con-
veyance this the G{. day of 1979.
DENTON MALL COMPANY, a Texas
limited partnership
By: D, NTON DEVELOPERS, a Texas
1 mited partnership, General
rtner
By
ber S n , Genera. Partner
, VOL At) t'w 611
-4- -w~.
•I\ THE MATTER OF
holden Triangle Communications
THE STATE OF TEXAS Huy Appleton, Jr.
County of Denton
being duty ssiorn, says he is the General Minager of the Denton Record•Chronic'.e, a newspaper ✓
of general circulation %dhich has been continuously and regidarly published for a period of not
less than one year in the County of Denton, Texas, preceding the date of the attached notice, and
that the said notice was published in said paper on the following dates: a
Notice of Ordinance No. 79-1 granting a franchise to erect+_iraintain atld
operate a cable television systems its structures and appurtenances.
January 269 February 29 1979.
Subscribed and sworn to before me this day of February 19 79 _
Witness my hand and official seal. - ° -
• ublic, Denton County, Texas
1, 4
J
No. T9-I
AN ORDINANCE OF THE will make the service
CITY OF DENTON, TEXAS, available to the ON" City
GRANTING TO GOLDEN
T R I A N 0 L E C G M of Mia Or
MUNICATIONS, A PART. • dnenu. (111 months I'i L• \n.
from the dMe { _ - - -
NERSHIP OF SUB. SECTION 10
SSIIDIARI
AND I{ES OF DENTON
`IRCCJCABLE COM CONDITIONS. The terms of I vTI IF: 11:1" IT11 OF T1I E,
MUNICATIONS, INC. OF thh lroncW"shed bit as set
ATLANTA, GEORGIA, forth in the Charier of the
THEIR SUCCESSORS AND City Of Oenfon; In Ordinance
ASSIGNS A FRANCHISE No. 7a 71 passed by the City
Try E14CT, MAINTAIN Council May 71, 1978; ap _
AND OFERATE A CABLE pltcabti Federal law and
TELEVISION SYSTEM, ITS at s. and the fren•
STRUCTURES AND AP ch se appl iration submitted
PURTENANCES by Gd den Triangle on
-
THERETO, IN, OVER, kh hr 20, M cpy Clay 00 file UNDER, ALONG AND
ACROSS Secretary% Office and is
THE PUBLIC STREETS, available for inspection -
AND during normal business
ALLLLEYS, 5, BRIDGES AND
l
A
OTHER PUBLIC WAYS hours% ps'Ided, hOwevsf,
AND PLACES IN THE CJTY IIW N arty part of aid ap 1
O F D E N T 0 N r 01cetion la found by the I :1FH IU:11'17' ()1' i'l'}31.IS111.R TO
ESTABLISHING RATES TO Federal Communications I
d
SUBSCRIBERS AND Cominlfskn to be In1ai1131.1(::ITION OF LEGAL NOTICE
PAYMENT TO THE CITY, conslstard with their rubs
ESTABLISHING CON. and regulations, such ivies
DIT IONS FOR THE USE OF and r+gulations shall prevail.
THE STREETS AND
O T H E R P U B L I C SECTION 11. fi}rd Ihr
PROPERTY; PROV10ING _dav
RULES GOVERNING THE SEVERABILITY. Each '
OPERATION OF THC[• section Of ",'a ardleanca and
SYSTEMI PRO..OiNO FOR each part of each section
A S EV E RA B/ L I TY hereof Is hereby declared to
C L A U S E; A N D be an MdapendaM section or
FFEECCTIYEIDATEAN EF• IngofaanysseWtMapaarl
thereof to be un-
WHEPEAS, the Ctty of constitutional, void, Illadel,
Denton, Texan t>nacted Or. IieNac h re or comirry to law
dlnPnce ho, 7121 'Caws far any fedli", shall not
TeleaisNn" on May ! IVIL affect any other section or
which sets out defln`[tbj pa,-f of saiI of this of,
pMrnogvrRhbna govo"lnq the dlrnsnce.
rrw*W of a carivicafe a kanrfl SECTION 17.
lnnchisa it"") NMnkal -
9fain darIf a and Aqth PTANCE OF
Speciflcollbna, local AT. TlteGolden
re0ukfory and Tr Common afbM ulatonsr pr sion for Ma Ihkt (70) do" ;
o"W Mufti i end 'pY'"' MW anted apamd prov ~at of 'e fhb sir' '
WHEREAS, the City of dlnanoa to IIN IM W Hem
Denton, Taus piwerad a as anu "hand with the
Rpuast fOr « Cable +tyCl~ "tarY anQ b pay to 'relevlslon p roposala and an the OeMan a p
AVpp kat ion W Cable sum tea of slam to wifify
cover expense than That CNy
Selev'I" fyslem From.
thlsa" for fha awarAnp to a Ads ktwrred M ars/.erl
framchlaili OW WHEREAS, two prnpps~N kaMhiY. Oncat"i he this
wen nalvaf! by Ris City of CW&" hit boo flkd and
Dantda; and Nu ha geld, this "mane
"EREAA hw Cly ad• shall raNa aFW am to in
MFftfttr&tM $14 OF, 1M CA TV Iota ken and rAlr NN
advIlWy board and CRY of hs perap~ and Mall
COLIMCN, with Nu help d MN Lct+ala M+daiaae bk mg
CsbWTddylslon Infannafion nre agraamerM by tit NrnM
Cants, Walua%%f the two herad,
applial and Held several
PoDflcMar9 MlordlAMne~g due PASSEO AINnDgjl APPROVED
of Oecarmottr, ASS 0 AN D ApPAO D
CoMmRulkkAtigMnfMLonNffedla
pr0a0aa1 br sucf~ framoise en McdW r fhls 161%
•
desir" the City ar to Clanton ayy d JaM;ary, _D. 1149.
Oise to aAa~ kan• ~ NON 1' Indlvioval Dllling IOr
OOVerB~y"7 [!Tildf9afY• ewch unit.
Note I' Composite bill Ing for
all unn•
"sad s141 WOSU
asa41 10 41°8 s,a4 s>
ion M#,*k1% I -A '61 ,
!h%al y be in ac ld frrrsi+~ii~ , \()Z ~(,H (i f ih• \rr.
all be in attaftance with
Federat CammuniaMons i 0p!~ MITCHELL, MAYOR
Commission rules and CIM;DENTON,TEXAS
r"wlal s and City Or. ATTEST:
dManca 7S 21, BROOKS HOLT. CITY IN TIII'. MAJ-1 IM OF TIIF.
NOW, THEREFORE• THE
DENT COUNC16OF
N, THE TECIXTYAS, OF SECRCITYETAgV
OF DENTON, TEXAS f
WRE8Y ORDAINS: APPROVED AS TO LEGAL
ART 1. PAUL C. ISHAM, CITY
SECTION 1 ATTORNEY
L I
r - CITY OF DENTON, 1EXAS
SuEled to Me Mans and EXHIEITA CO"00M rnemloned M Mis PROPOSED RAT ES
Ordinance and Me provisbns Rife safeeu le. All Ialtf
of Ordinance No. 71111
"Cade Television„ and artyy inltlalIs WOPOaed in 8;
amerameme tnerefa, whlth WAV I Proposal must be
r incorporated herein end wDaramNated In the financial
mad.apanoMkeno,ise p101of "'''feTa"tsbyVse AFFIllA~'1'1'(1H'l'UBLISIIEIZTO
W#oe t of sIs oo fully of reallstk levels o s
her rn, the city of DeMOru =11 retain IM efknitial fora I GBLICATIO\ OF LEGAL NOTICE
Taxes, hereinafter called fw Ysall remain two Years
y a
minimum pariodof
Uty" hereby prMh to
Nom fM dMe of prwldfn9
Golden Trisny com. rarvko to ko rtes! wD
mu krlon, a par%Wrsh ip of
wbaishingC of Denton
Publishing comaany and Omc
List c~ha~rged pfor roposed !cab )~ilrrlthr• Publishing
Cable Canmunkefiom Inc, SCOW servfca, comowdat
Of Atlanta. Oa 91p41,
herekaffer called ••GOIOan rates, multiple dwelling, N4
Trianpfa°, its sutcesaors,
levees and at$tqqm consent BY APPLICANT
M uee the presetd and Me
br alloys h . 06ces, yf, A. Basic CATV Sarvka
"Ic ! First outlet 61500 • bF -
Mt C for V OR"" ofj galiation 6150 Maf ly
er
Ago fig, main Me* - Each addhonal outlet W-W
WIrinIn,g, and a, lMlallpation U-00 Monthly
am-or reconnection
'eo Poles, 81 M
Mwwra. Mc fhh6ra, wlrab f100.00.00 1 he4llatbn
udu }ory % Manholes, lS CAm W I I Rath
and all oM#Mrr" frtinent Ilrart than unlls M one
14ulpffW foi rM . man nl a 1. Who ex4d Np master TV .
'"once and awafton of a ~ Steam oral Ouflef III-
cable folevlaiee system for etaliation cost Monfhfy )t 1)r tnrt~
the Infarcaptlon, sale. I. V.SD each additlonal outlef
ronsmission and d'skww 10081146" cast+, Mon1My
OF tekvkbn proprarm and 65-00(sae note 1)
OfMr Md14vMw1 atac}rkal OR. .
alynais end the rFpM to 1. When no exist nq master
tranefnh Me same to me TV artem. Insfaltatlon
nepolle Art with build!
ba"bffsnfo of nf6 city toy a
11 4 4"" um
form of fan (10) years from =1 1 D k00
adln d e of 814 S, Mlu ct (pot charges
reconnect (Per unit) in.
. stailetlati1Q00
VOCTfON L mOVM eaMectlal wIMM mIf
II~~ Installation 610.00
1 PRpEP RTY AND UCONB~- C. FM Rata
OITha3 OF USE. Inafollatlon IFM a.:;) 615.00
Triavo Mall use RNk Monthly SS00
vrn% and prs~pwty d tnstallo1w w-cable Ir.
city m arWr k build m- Monthty 12.00
Mrulb "most or malnfitn lea
r taatb"! dt!e,tevfalon syafour in • Subtcrlber Ine"tia 06
tp
F nce wlMr . the a charges may be waived
pr0ekbo and re* 01Wnk durlnq }lea tt fnonM WW
0611N r w V-0 at Or01Fa 4 aka. cOMmaneen"ht of
If. u BC 4 ex~~ bd NON 1: Ihdlvi" bill! 1a
gove orcNW Ora" each Wit ~
oveynMp body trekslvNY, each Noe 1, COMPOStle WON fa
oil units.
pj
FROM PAP . -
OTHERRATES IN TIIF. mA'I°I F.It OF TIIF,
1 Cogwv aorees>a MY a^d H deposit is mui-ed br
CItY agrees lc sue , ar or converter, state emouM ant
before the Tut day of asach, describe cpndltlons niMinp
t~0, and on or boors the to owroershlp, use end
same day. of each succeeding nptacenerl
yyeeaer during the lift of this HopepotftRequired
}nnchise, up to and Inc tudIng Dean proposed rates that
theDe known y 19h aes asum street bo and ony ney will be charged for Pay TV. - -
10
pudic wa rental charge Including 'Mac, es W
which shall be equivateM o eWlpmsnt lattan.
three 171 percent of the gross
annual mnues "m all Than an In is dMWOM Pay
sources attributable to the Tv cha has child wand
Operations ot thye granfes pCpr~ity•~ rates • are es
Service Am, whichhaannua blb~ivs.
AFF'IUA~'1T ()1' PUB1,1511F;R TO
palment sMN be fa the
ripest and prW~W" her" FinaMa ~Sa." "honth PUBLICATION OF LEGAL NOTICE:
granted 10 Oai Family Theatre t.1.00 moil
Including exorculy,,~ Without
limitation, le norm Its use The Following insfallatlon
the s;reefs, alleys and pum 61 k r+1ta are OrcOr~sed to De
un b~ ItYaw~fi alw yfMiva when CATV sub scribers so
y~ lot I i}rrS tlt<` day
pay
ow" 1M lilt of this k WM~ Itica to wth heir add ett the itl ing
chlse the above charge, service
measured in le rmmw 5ervkr.
hareinabaw provided. Mall Home Box Off ice $10.00 . 19
De le entMe and ma><lmum Fartfan $10.00
chsroe which the CifYy antes
a entitled to melee Mt the F aintly ThW1 n MO
use of the street, alleys and Pay, TV malalietbn feet are
pup1K aye. Wal`.;ed when a subscriber
In order to mormine /M rchesaa M pay souks of
Brost reteI rKfMd by ~'ne some time as the CATV
Golden [r ngla, Golden servke.
Triangle tones that M fed
same dish Mat payments are . If :s mutually understood
and agreed that the pay TV
i the City root Mw the legal fates we on a W svwriber
power 10 agrom fhM la bash, and not a per outlet
daymom of the >a'tgaM bn,.L
Cash cari6raTbn &M11 be In
and
tleu of the kris. McNeal, OTHER RATES I)t` tlrly
1 charga4 ftes, rW&?% and ISy I
allsemwd or franchise tares Detail studio and equipmem
1 aforesaid, than the Cl usage rates.
across ithat "Will apply z Noficotemerclal users
rplutlk mmway t>r necessary No the
tetlffwion bit Goideri Descgw rates for gowm•
Trke otillgatfortt, N aroy, mental and educatbnal
b WY any such 1s>ee facilities. (Ste she In.
t ikM1N, thMlNs, Ieet, skucfiens b amitAnts.)
rkenl iMarM lsanlerM hnfafwton lees. NO Cllarpa. .
} One cable ou1Nf (roar
J SECTION 7. 1601ty): NO Charge
More than one Caw (pw
i USE OF PUBLIC facility); Cat of time ant
PROPERTY AND CON mderlels only
MT10NS OF USE. Golden Monthly Charon. None
TVlat2ie than Casa 141ubik Wo way c lrcu(h and sm
street ant prowy rI 1M will be available :d govern.
City M order b b, Caro- merit agencles, edura{kMl,
t ffnRd, fattew Or rneinlaln ft Med;ca and other in.
I Cabft tow,"Aw system N %fifufions vie the Denton
T aaccccp~ rice vlfh -this a~ystems Special Services.
10'~04bw Nf requ lrenr41 HetMOrk Cabft. Then will be b
II
el Sodw A ! M OrdMatsoa rip Cott to Me traff dons for I
N0. 1621. use Or this two way video-
'C11y•aA nserYad tq 0-M audio link.
shall be e=erctsa0 by, said
governMg body esclusfwry.
r -
f
r~riv~rrrr, N
iq
I matte as provided WNW. IN TIIE IT %T`FER OFT11E
s,
sedan, M wilt file with the ` me rttetcnon-propro icn1f"$n ov'ir groups.
City. Swofary a sworn ,
rep Orf showing the gross etc.) -
annual rove. was from N1 Access users mayy reserve
sdirces attributable to hu me studio and facllltles for
aperatIons wtthln laid CMy one half hour free of charge
limits for the calendar year This half hour may be used
l: preceding the date of for SON Wing. rehearsal,
Qeyrnants, Cny may, if n Soon" d Wren actual taping
tf, have the Docks and agt a pogrom No lr ofd _
records of Golden Triangle Margo. Thus access user - _
examined a represen
Wive of sad CRy or In: who produces llnished taps
dependent outlic auditor withafa grime no
employed py iM CMY b audit Men five minutes, wn 'n
Pie same to aacertaln "A" ttwktniath&If w,wntdoso AFFIUAVITOF11L7111,ISIWRTO
correctness of the sworn at no cost.
reports egress b be Filed users who Droduce a tape .l PUBLICATION OF LEGAL NOTICE
herein, with," the tnntat Aal1 Muir
That the Ciy agrees that the 1M Pit Mu tte~wlbl w
conskehafan set "h In the than
I=flfy cants (VIll) per t
sacli0n reenact M
shall be paid end received in mnute fdr each minule
neu of any tax, license, recorded beyond the IWOftw F;;1,41 tl,~
charge fee, street or alley minutes., as me length
rental a arty c#W dwacter studio art{! video tape t Ime `
of dwW for we and oc• Increases, sixty mfnufes,
cupancy of the sfrWil, ninety minutes, etc., thel • lr)__
alleys, and public places d d 9prradvally Increase II
Me Clfy; in lieu of env Dote accordliv and reach a high
tax-or k%odlon tee text in of ono dollar (8140) px
flew to any easomaM or minuro.
fronch"tax, wt~ levied Them coats and examples of
as an ad valorem, spactat, or different skuatlons are
olMrchar acterol fair and k spelled out In des!1 In our
tt $11. any Impositipl enter IkNS and Procedures and
than ha usuat ganerN or we referyou b Pits section -
sehpac{elh N~e10. Sh ld mat on. In deptk ln• for
Noel
eat CMy not ""the
ymt t. `~ewereb a Msf Ana Commof let uses. ------of the taskw lderafbn baherlalgEoaA Coe+merc4f 11rnM Oesiring
lieu of the' tax*% kMSq ro use the system's Color
t Chatpe3 Nos, rentals, and , studio for 1NevIcon 131 . Dt lnttl
►ssemMl or fretxhl" faxes 3 production purpoan mnuaYy do
I M*vsak, M" the City so at tohourlyraft of"SUM
apWes that h wilt apply w This elnsr" includes full
mxo of OW peY ywilim b 44 factlM eI6 diradoo and crew.
Trtfinpleablio:lotr xran, m°aenttaf eua wducatqoveM
kwAJ
b pa any each taxe4 ow"tNa, (SH eta In.
Ikartsaye, charges, lees, e. adios to awkwhi.)
rhilla t axes wernotill o<
keft 1""Wim %as. No Cheer".
One cabin outlet (W
f SECTION 3 foctflyl: led Char"
pp~~ More yyff~w Lwe pupal (fur
t PspeeppER YF A}.0 UKCOW IC fm«afKblsMty M time and
DII IMIS OF USE. Ook M Monthly C iartm. None
Ns ow pproopertRY W the ciKUne I rvrc/
bWid will will be be available it g it overyl.
City in andar to tan meat ap0etxies, adUtafionsl,
it,QU,haw0, Mai ft
aM~Ea nladtcal and WnN In.
came t*W#UW Cc07da a yv 1b eha SYyMsStem i SDeef J vrca `
s
and t'aOuNetnattts tle}NOrk Cade. Then will !k
df bedbn t1,9 to O rid
COSt b fat kgfr}ufi0ns fa II
W
Iso.yL!{. _~___-1 Of tats teaweY video
A.ii li reserved its and audio Ilnk,
. et+sll.n ialrchad by, aid ,
tlovern lady axclusMaty.
r
IMIA waigatd ou gti.n {~I0i I ul .raq Jo) aiva l
aw nse Pinom xa 6tu Jl I uopeaIM ue aq slgl Pi
t I Cq 08 in Burlod ool Li,l Niel auoavloa
'Pualj;(Oq mau dm "m 141'03M 194 Pirift
w0tu Stu e4Mq am~ w, p ua 01 QB °'°a>[ l ~P I
a
14,
I jolues / 8ulAvq are ~l ope[ej1141~
T- r
I ;r ~fi~ a15`~1S IN''HIF?M1ITrl•11OFT11E
guises M.1 .
N'O E X C L U $ I Y E Rather Man copying that
pRIYILE0E5 CON• adverNShg rate InethoM
FERRIO BY THIS OR. hHforkally empbyed by
OINANCE. That Mottling tM""and radio afettOns•
herein contained shall be GOlde,t TriorrgpN Com-I
construed as gh'Ing to W-J*M manlnf1001111 would IN 0101 a k
Triangle any eaciuslve realistic and rNatively
privileges, slmpN boVerlislrg rata
structure. The below II&W
. rates do not calla In I"ved '
SECTION Sit
fnqummy dlsu)unt foneulse.
AFFIDAN ITOF I'1;MAS11ER TO
SUCCESSORS ANO vela provWOro for fixed
I
,ASSIGNS. Thal the rigMS, sdiacaneksarotfrerchsrges t
parrs Im#Ntions. Mks for run of sraeduW an. 1 UBLICATIO\ OF LLGAL NOTICE
and restrkf Ions borsht Mounar"Wft
provl6ed for stwll Inure to Tie io aDrn"n M M^i !
-
and be binding upon tha makes ~tp t7y provkvmo
r"owlM suoSsas Mb '^e er +tN'e. DenkM builretiss
asawA.- commonhyam oopomnif to Filydthr Jac
sponsor community
SECTION a programming. The rata
schaeul4 Pi s one Nwt
LIAaIL1, Y OF CITY TW a smart businessman cart
during tM Period Ibis Or Moth a" and compnMnd.
dM~lil ~e is in exlefill and Only by htv0lvlw a brood
Ooid/n Golden Trilogies cr~sMiDA Of local ad~
riangw shall M- venison will local
demnlfy,amd hold MrmleN programming Worm 1141
fM,* CORY from saMatn7,o~Madnd a sw6flitg.
60 SSgewnd AnnaMCertwe~s
- -
iuMskw yO~arW daptaii
11O
fktrts, a aa90fatrorw or Saond MvaunaMwnfs
I their property by nMOn of
the eRltttla. w or 11,1414000111 Discounts,
.
dacdx,h
i +hlt aalnaMCe am ire '
exercise of all right herein ement+Par "I"
iftrrt;n otMwse W"IdeO sgannancenwnhgsr.io!l Ili .Ilr•itu1~
• u per cw
SECTION 7 0QSCrfba 4
a6a0 asnh.l
Olt LEGATION OF rates
i AUTHORITY. That " City Nonrnmmartia
Itr}ay dNegste to a gesfgnNed
Olffclal or olHCiale the A It>* of I Mennas pwm
swarth N any ahd at of the Initially been sN aside rot
, ~ it Is
f pofwya►'ss wills. auppodw W* 1i IM°CiOM pur W Ge
iCC9~.aia IlliitN&Wtfrywhkh Triangle to male the, ,
Ili i nala}e to 1M~ iNm am C%"A* IV&T"k on a
toulistW
bili
004 COMO ffy In Rs GulMiedflr hM rv commercial
aiierclso of Me righfs and usersetlnbe providedaecess
franchisee W*?M con 10 anther fulf-Irrlw Or Maned
bul"O I ernNg a0dy at dwmwB of no tat.
t Cny Mall feleftia fd half Tra ywy cIMuffi And servtu
soKMtWfy and 10 the full will be avallabN Is govern,
rxkh~rl1 paaaased. NI Mowers, nlent aOencfes, oducattonal,
} If ifrY to flat and W MOOklitl end other in.
m vla Ra Opn}nn
and rate of~IdeMyy s~tririHutteimaw
11 f ~ tMa anchiley AIt Net+eork Cable. Special w ices
1 Preterit not delegated no cat b Me I.nf wit wii for
TIFF q' Net govorn[n body at me m of this two way vtde0
qty it's resarwd 10, end kdfo IIMA,
shall be eaarciseld by, YW -
govelnlbj body exclusively.
~e i13 Ru~ww s e
Id asn of a
imoRmapaagargs inony I '
aa@ldawoe IS~s~~rP
Joopul Ire OA I
~Ip 01 lsoyq 'FBtASUe PQ OJ IN T~{I. N1 :k I"i I.11 O 'i HE 01 N v 1 @'~„@ x" ra nip
Anop 1 ~t1mA ayaH
PJVA
x..1
UB
Tw at all rraeeaMsonable tines,
tts kwan
heerv, gw, M
riots the
Ip n.arel offices ci Golden
1M
Tvlange shell t* open to
said owe"101nq body or Ms
desipnalad oMlcel for it, ----------_-----ion tra~ct% books of WWOW &coft M
Commercial.
cost owall" records At t ay° M tt; wmtie e i I AFFIDAVIT OF PL'131.isw,,Fi `Tn
pertainir~b its operaflons
covered y this franchise cable tale vlsW. Industry
sty method or accounting oonoerning the use of bases PUBLICATION PUBLICATION OF LF:(iA1,1O'i ICH:
d*anneis for such purposes I
adopted orouthoriredbyarw as digital transmission,
low of the United states Dr of me;ar reading, subscriber
the slateof Texas Of under or poi ling, etc. The ldaSed
pursuant to the authaMy ttl channel rate will be deter. ~ -dlo)any such law Mall be deemed mined in fen by eM aslant of 1,04-11 the
and srAfkfYrk ac• the system's involvement
aWUMM as to all matters Ihroupadditional tqulp
cervW Ma70y melt and manpower, These , {r)
variables make M Impossible
6[CTION a to prsdetarmine refes or
"so
RATE REGR/LATION. That channels revenues !or "
tat
is and Will al 1Mt tim time Was
M lnurwl y will ex lair and d:om. - -
alNead tfel Mt! 14Wlation of pens y to Me system, A
riltes to be charged by I Ek 0ow lase earls Mal does rot
Golden Triangle to the i reflect the true value of the
l
k1AabManls of 1M Cites is channel crates a situation
rsuanf b section V-32 of where the system's basic
cu
=rM** tfa 7141! night 1 cable "Iolcrlbers are in
My d D/ldOn. &"ad subsidIZino a leased
rata fo be charged by channel business.
Golden Triangle are attached Golden Triangle will make - '
I this ordinance as EA.161t ~y effort to assist M the
A,, and are klWrteral6d
Alnln ant made a part of drool lve uses d tM sae loo {tide}
this ordher" Such rota tystem't farted channel 1{~
a shalt remaht in anted and sal capacMy by local buslekeses
b chanod for a rReArrur^ and offMr grouts. The
pKled of two ftl penis ~ Company believes proper
4 toys award of tM Mtnchlso. uflliz~ CO the system's
it is ava muluilly ult. cased chartists to be an
deMWA and spry fW fM hnportaM community W-
city of Client on may. vents vice. As a result 004"
Wnsddefhtg a revised fatf Triangle will be Adrerrely
schrAule Submllted by flfkibe M Ms kiss eo es b
Goidln TriangW CO"k ' encourage full use of tAu
1M lair return 6a Invested channels. Nov approaches,
zPMal by uslna calarliations esperinwfalbn and trial
Idr 1M COO Wup Mff for Cud and error wll I all be
Comrnuhkaf16ns, Inc. of necessary before these
AftmaOe6rg4ra> Krrt channels can become
iM coal, of caf>n&I for Golden s iticant factors in iM
Tr{anpe! Communkatlorrf, community or viabft
3 1CTI9N f. butlness enherpr'll".
CONS'RUCTION 'state an omen feat ant
~rimayAur. Although tkipated but not fZoAW
of Ordinence aDOVe.
NO. 7e 1 see out me con- N A
faction "M
Calaaa W
of
Do"- I
r K, PaNrg►r i.
J
PIPER DENTON PIPER SALES
Rt. 1 Municipal Airport - Denton, Texas 16201 • Tel, (817) 3874325
Dall t. Worth Direct 434-2541
41 Feb. 20, 1979
The Denton Municipal Airport Advisory Board
Denton, TX 76201
Gentlemen:
As requested in our meeting today at noon, Aerosmith
Denton Corporation plans to build two rows of T-Hangars
and a connecting office building per the plot plan shown
to you today.
The westerly row of T-Hangars will probably consist of
17 to 22 hangars depending on marker requirements and will
be of equal to or greater quality then the 35 T-Hangars
existing today built under the 1975 contract. Our estimates
of cost for these hangars will be in excess of $6,500 per
unit. The hangar floor will be asphalt and no wiring is
initially anticipated.
The easterly row of T-Hangars will be 60' wide by approx-
imately 440' long and are to be designed to accomodate
cabin class aircraft. Depending on when built, the over-
all cost should be approximately X150,000.
The office and warehouse building to be built between the
existing easterly row of T-Hangars and the new row is
estimated at a cost of approximately ,5'100,000.
In accordance with our contract, Aerosmith Denton will
agree to prant the City first option to buy these facilities
at construction cost o& appraisal (whichever is higher)
escallated at the same rate as the Consumer Price Index
basis to be used in the anticipated amended 197 co tract.
Sincerely,
Giles E. S
President & General Manager
r X,7
j ,
~i ~ ,
`I
f
~
n~ >r
l I `
T._
d
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document 8141
Standard Form of Agreement Between
Owner and Architect
1977 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH
AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION
AGREEMENT
made as of the day of in the year of Nineteen
Hundred and
BETWEEN the Owner: The City of Denton, Texas
and the Architect: James R. Kirkpatrick
Suite 518
First State Bank Building
Denton, Texas 76201
For the following Project:
(Include detailed description of Project location andswpe.f
A New Animal Humane Shelter for the City of Denton, Texas, to include
offices, service areas and animal holding areas.
The Owner and the Architect agree as set forth below.
Copyright 1917,1926,1940,1951,1953,1955,1%1,1963,1966,1%7,19,'0, 1974, p 197 by The American Inslllute
of Architects, 1735 N'ew York Avenue, N, W., W'ashington, D C 20006. Reproduction of the material herein or
substantial quotation of its provisions without permission of the AIA viotalw the copyright laAs of the United
States and will be subject to legal prosecution.
A1A DOCUMENT /141 s OWNER-ARCHITECT AGREEMENT s THIRTEENTH EDITION s JULY 197 s AIAS s p1977
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 8141.1977 1
TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
ARTICLE 1 ments to previous Statements of Probable Cony ruction
ARCHITECT'S SERVICES AND RESPONSIBILITIES Cost indicted by changes in requirements or general
market conditions.
BASIC SERVICES 1,3.4 The Architect shall assist the Owner in connection
The Architect's Basic Services consist of the five with the Ow'ner's responsibility for filing documents re-
phases described in Paragraphs 1.1 through 1.5 and quired for the approval of governmental authorities hav-
include normal structural, mechanical and electrical ing jurisdiction over the Project.
engineering se.. ices and any other services included 1.4 BIDDING OR NEGOTIATION PHASE
in Article 15 as part of Basic Services. 1.4.1 The Architect, following the Owner's approval of
1,1 SCHEMATIC DESIGN PHASE the Construction Documents and of the latest Statement
1.1.1 The Architect shall review the program furnished of Probable Construction Cost, shall assist the Owner in
by the Owner to ascertain the requirements of the Project obtaining bids or negotiated proposals, and assist in
and shall review the understanding of such requirements awarding and preparing contracts for construction.
with the Owner, 1,5 CONSTRUCTI JN PHASE-ADMINISTRATION
1.1.2 The Architect shall provide a preiiminary evalua- OF THE CONSTRUCTION CONTRACT
tion of the program and the Project bu~gel requirements, 1.5.1 The Construction Phase will commence with the
each in terms of the other, subject to the limi'ations set award of the Contract for Construction and, together with
forth in Subparagraph 3.2.1. the Architect's obligation to provide Basic Services under
1.1.3 The Architect shall review with the Owner alterna• this Agreement, will terminate when final payment to the
tive approaches to design and construction of the Prcject. Contractor is due, or in the absence or a final Certificate
1,1,4 Based on the mutually agreed upon program and for Payment or of such due dale, sixty days after the Date
Project budget requirements, the Architect shall prepare, of Substantial Completion of the Work, whichever occurs
fc. approval by the Owner, Schematic Design Documents first.
consisting of drawings and other documents illustrating 1,5.2 Unless otherwise provided in [his Agreement and
the scale and relationship of Project components. incorporated in the Contract Documents, the Architect
1.1.5 The Architect shall submit to the Owner a State- shall provide administration of the Contract for Conslruo-
ment of Probable Construction Cost based on current Lion as set forth below nd in the edition of AIA Docu-
area, volume or other unit costs. ment A201, General Cu Aitl,ns of the Contract for Con-
1,2 uction, current ac d the date of this Agrc emenl.
1,2 DES:GN DEVELOPMENT PHA E 1.5 3 The Architec. shall be a representative of the
1.2.1 Based on the approved Schematic Design Docu- Owner during the Construction Phase, and shall ad.
ments and any adjustments authorized by the Owner in and consult with the Owner. Instructions to the Comrac-
the program or Project budget, the Architect shall P,-E- for hall be forwarded through the Architect. The Archi-
pare, for approval by the Owner, Design Development tect shall have authority to act on behalf of the Owner
Documents consisting of drawings and other documents only to the extent provided in the Contract Documents
to fix and describe the size and character of the entire unless o'herwise modified by written instrumen, in ac.
Project as to architectural, structural, mechanical and elec. cordance with Subparagraph 1,5.16.
trical systems, materials and such other eta 1lrnts as may 1,5.4 The Architect shall visit the site at intervals ap-
propriate to the stage of construction or as otherwise
1.2.2 The Architect shall submit to the owner a further agreed by the Architect in writing to become generally
Statement of Probable Construction Cust. familiar with the progress and quality or the Work and to
1,3 CONSTRUCTION DOCUMENTS PHASk determine in general if the Work is oro:eeding in accord-
ance with the Contract Documents. Hawevei, the Archi-
1.3.1 Based on the approved Design C _ elopmcn[ Doc- sect shall not be required to make ,exhaustive or con.
umenls and any further adjustments in I e scope or qual- tinuous on-site inspections to Ll,eck the o1 iry or quan•
ity of the Project or in the Project budget authorized by tity of the Work. On the basis of such on-site observa-
the Owner, the Architect shall prepare, for approval by lions as an architect, the Architect shall keep the owner
the Owner, Construction Documents consisting of Draw• informed of the progress and quaaly of the Work, and
ings and Specifications setting forth in detail the require- shall endeavor to guard [he Owner against defects and
ments for the construction of [he Project. deflciencit a in the Work of th. Contractor,
1.3.2 The Architect shall assist the Owner in the prepara- 1,5.5 The Architect shall not have control or charge of
tion of the necessary bidding inicurnation, bidding forms, and shall not be responsible for construction means,
[he Conditions of the Contract, And the form of Agree- methods, techniques, sequences or procedures, or for
nrent between lhE Owner and the Cootractor, safely precautions and prograrr • in connection with th
1.3.3 The Architect shall advise the Owner of any adjust- Work, for the acts or omissions of the Contractor, 5ijo-
AIA DOCUMENT x111 • OWNER-M[HITEC/ ACRE rMrNT , tHIRI EENTI1 EMPON a JULY 19,774 A1A9 0 cL 1977
1AL AMERICAN INSTITUTE Of ARCHITECT5, 1715 NEW 'iORV, AVENUE, II,W„ wASHINGTON, D.C. 2M B141.1977 3
sr»
iiiiiiiiiiiiiia
contractors or any other persons performing any of the necessary or advisable for the implementat%on of the intent
Work, or for the failure of any of them t:) carry out the of the Contract Documents, the Architect vill have author-
Work in accordance with the Contract Documents. ity to requinr special inspection or testing of the Work in
1.5.6 The Architect shall at all times nave access to the accordance with the provisions of the Contract Docu-
Work wherever it is in preparati in or progress. ments, whether or not such Work be tnen fabricated, in-
.
to the Architect shall d,,, ne the amounts awing 511,5al ,13 led or completed. Architect shall review and approve or take
to the Contractor based on obsesevaiions at the site and on
evaluations of the Contractc, s Applications for Payment, other appropriate action up.3r, the Contractor's submittals
and shall issue Certificates for Payment in such amounts, such as Shop Drawings, Product Data and Samples, but
as provided in the Contract Documents. only for conformance A!th the design concept of the
Work and with the nformation given in the Contract
1,5.8 The issuance of a Certificate for Payment shall Documents. Such a, Lion shall be taken with reasonable
constitute a representation by the Architect to the Owner, promptness so as to cause no delay. Ti,e Architect's ap-
based on the Architect's observations at the site as pro- proval of a specifi: item shall not indicate approval of an
vided in Subparag'aph 1.5.4 and on the data comprising assembly of which, the item is a component.
the Contractor's Application for Payment, that the Work 1,5.14 the Architect shall prepare Change Orders for
has progressed to the point indicated; that, to the best of the Owner's a
the Architect's knowledge, information and belief, the qual- approval and execution in accordance with
ity of the Work is in accordance with the Contract Docu- the Contract Documents, and spa!l have authority to order
mino
ments {subject to an evaluation of the Work for con- r changes the Work not involving adjustment
formance with the Contract Documents upon Substantial in the Contact Sum or a an n extension the C Contract Time
Which are not inconsistent with the intent of the Contract
Completion, to the results of any subsequent tests re- Documents.
quired by or performed under the Contract Documents,
to minor deviations from Cie Contract Documents cor- 1.5.15 The Architect shall conduct inspections to deter-
rectable prior to completion, and to any specific qualifica- mine the Dates of Substantial Completion and final com-
tions stated in the Certificate for Pay mend; and that the pletion, shall receive and forward to the Owner for the
Contractor is entitled to payment in the amount certified. Owner's review written warranties and related documents
However, the issuance of a Certific: to for Payment shall required by the Contract Documents and assembled by
not be a representation that the Architect has made any the Contractor, and shall issue a final Certificate for Pay-
examination to ascertain how and for what purpose the ment.
Contractor has used the moneys pa d on account of the 1.5.16 The extent of the duties, responsibilities and lim-
Contract Sum. itations of authority of the Architect as the Owner's rep-
1.5.9 The Architect shall be the interpreter of the re- resentative during construction shall not be modified or
quiremenis of the Contract Documents and the judge of extended without written consent of the Owner, the Con.
the performance thereunder by both the Owner and tractor and the Architei.t.
Contractor. The Architect shall render interpretations nec- 1.6 PROJECT REPRESENTATION BEYOND BASIC SERVICES
essary for the proper execution or progress of the Work
with reasonable promptness on written request of either 1.6.5 If the Owner and Architect agree !hat more ex-
[he Owner or the Contractor, and shall render written de- tensive representation at the site than is described in
cisions, within a reasonable time, on all claims, disputes Paragraph 1.5 shal! be provided, the Architect shall pro-
and other matters in question between the Owner and the vide one or more Project Representatives to assist the
Contractor relating to the execution or progress of the Architect in carrying out such responsibilities at the site.
Work or the interpretation of the Contract Documents. 1.6.2 Such Project Representatives shall be selected, em-
1.5.10 loterpretations and decisions of the Architect shall ployed and directed by the Architect, and the Architect
be consistent A'ith the intent of and reasonably inferable shall be compensated therefor as mutually agreed be-
from the Contract Documents and shall be in written or tween the Owner and the Architect as set forth in an ex-
graphic form. In the capacity of interpreter and judge, hibit appended to this Agreement, which shall describe
the Architect shall endeavor to secure faithful perform- the duties, responsibilities and limitations of authority of
ance by both the Owner and the Contractor, shall not such i'roject Representatives.
show partiality to either, and shall not be liable for the 1,6.3 Through the observations byw,uch Project Repre-
result of any interpretation or decision ren fered in goad sentatives, the Architect shall enrfo vor to provide further
faith in such capacity, protection for Ihn owner against defects and deficiencies
1.5.11 The Arcl ;lect's decisions in matte-t relating to in the Work, but the furnishing of such project representa-
artistic effect shall be final if consistent with the intent of lion shall not modify the rights, responsibilities o, obliga-
the Contract Documents. The Architect's decisions on lions of the Architect as described in Paragraph 1.5,
any other claims, disputes or other matters, including 1,7 ADDITIONAL SERVICES
those in question between the Owner and the Contractor, The following Services are not included In Basic
shall be subject to arbitration as provided in this Agree- Services unless so identified in Article 15. They shall
ment;.nd in the Contract Documents. be provided if authorized or confirmed in writing by
1.5.11 The Architect shall have authority to reject Work the Owner, and they shall be paid for by the Owner
which does not conform to the Contract Documents. as provided in this Agreement, in addition to the
Vdhenever, in the Architect's reasonable opinion, it is compensation for Basic Services.
AIA DOCUMENT 1141 1 O'At'ER-ARCHITECT AGREEMENT r THIRTEENTH EDITION - JULY 19'.7 • AIAS r 01977
4 1141.1971 THE AMERICAN INSTITUTE Or ARCHITECTS, 1735 NEW YORK AYENO, N.W, WASHINGTON, D.C. 2"
1.7,1 Providing analyses of the Owner's needs, and pro- struction, and furnishing services as may be required in
gramming the requirements of the Project, connection with the replacement of such Work.
1.7.2 Providing financial feasibility or other special 1,7.16 Providing services made necessary by the default
studies. of the Contractor, or by major defects or deficiencies in
1,7.3 Providing plain, ng surveys, site evaluations, em the Work of the Contractor, or by failure of performance
ronmental studies or comparative studies of prospective of either the Oivner or Contractor under the Co itract for
sites, and preparing special surveys, studies and submis-
sions required for approvals of governmental authorities 1,7.17 Preparing a set of reproducible record drawings
or others having jurisdiction over the Project. showing significant changes in the 'Mork made during
construction based on marked-up prints, drawings and
1.7.4 Providing services relative to future facilities, sys- other data furnished by the Contractor to the Architect.
tems and equipment which are not intended to be con-
strutted during the Construction Phase. 1 .7.18 Providing extensive assistance in the utilization of
any equipment or system such as initial start-up or testing,
1.7.5 Providing services to investigate existing conditions adjusting and balancing, preparation of operation and
or facilities or to make measured drawings thereof, or to maintenance manuals, training personnel for operation
verify the accuracy of drawings or other information fur- and maintenance, and consultation during operation.
nished by the Owner. 1,7,19 Providing services after issuance to the Owner of
1.7.6 Preparing documents of alternate, separate or the final Certificate for Payment, or in the absence of a
sequential bids or providing extra services in connection final Certificate for Payment, more than sixty days after
with bidding, negotiation or construction prior to the the Date of Substantial Completion of the Work.
completion of the Construction Documents Phase, when 1.7.20 Preparing to serve or serving as an expert witness
requested by the Owner, in connection with any public hearing, arbitration pro-
1.7.7 Providing coordination of Work performed by ceeding or legal proceeding,
separate contractors or by the Owner's own forces. 1,7,21 1roviding services of consultants for other than
1.7,8 Providing services in connection with the work of the normal architectural, stru:tural, mechanical and 0ec-
a construction manager or separate consultants retained tricaf engineering services to, the Project.
by the Owner. 1.7,22 Providing any other services not otherwise in.
1.7.9 Providing Detailed Estimates of Construction Cost, eluded in this Agreement or not customarily furnished in
analyses of owning and operating costs, or detailed quan- accordance with generally accepted architectural practice.
tity surveys or inventories of material, equipment and 1,8 TIME
labor. 1.8,1 The Architect shall erform Basic and Additional
1,!,10 Providing interior design and other similar ser- Services as expeditiously as per
consistent with professional
vices required for or in connection with the selection, skill and care and the orderly progress of the Work. Upon
procurement or installation of furniture, furnishings and request of the Owner, the Architect shall submit for the
related equipment. Ow'ner's approval, a schedule for the performance of the
1.7,11 Providing services for planning tenant or rental Architect's services v rich shall be adjusted as required as
spaces. the Protect proceer's, and shall include allowances for peri-
1.7.12 Making revisions in Drawings, Specifications or ods of time req.,ired for the Owner's review and approval
other documents when such revisions are inconsistent of submissions and for approvals of authorities having
with written approvals or instructions previously given, jurisdiclionovertheProject.Thisschedufe,"henapproved
by the Owner, shall not, except for reasonable cause, be
are required by the enactment or revision of codes, laws excerded by thT Architect,
or regulations subsequent to the preparation of such doc-
uments or are due to other causes not solely within the
control of the Architect. ARTICLE 2
1.7.13 Preparing Drawings, Specifications and supporting THE OWNER'S RESPONSIBILITIES
data and providing other services in connection with 21 The Owner shelf provide full information regarding Orders to the extent that the adjustment in the
r Basic Compensation resulting from the adjusted Con- requirements for the Project including a program, which
struction Cost is not commensurate with the services re- shall set forth the Owner's design objectives, constraints
quired of the Architect, probfded such Change Orders are and criteria, fncludin,r, space requirements and relation-
required by causes not solely within the control of the ships, flexibility and expandability, special rquipment and
Architect. systems and site requirements.
1,7.11 Making investigations, surveys, valuations, inven- 2.2 If the Owner provides a budget for the Project it
tories or detailed appraisals of existing faciliCes, and serv- shall include contingencies for bidding, changes in the
Ir ices required in connection with construction performed S't'ork during construction, and other costs which are the
by the Owner. responsibility of the owner, including those described in
this Article 2 and in Subparagraph 3.1.2. The Owner shall,
1,7.15 Providing consultation concerning replacemEnt of at the request of the Architect, provide a statement of
any Work admaged by fire or other cause during con- funds available for the Project, and their source.
AIA DOCUMENT 1111 0 OWNER-ARCHITECT ACRE EMENT $ IHIRW NTH EDITION • ILLY 1972 , AA* . 01977
114E AMERICAN INSTITUTE OF ARCHITECTS, P25 NEW YORK AVENUE, NW,, WA "NCTON, D.c. 2c" 8141.1977 S
I
23 The Owner shall designate, wheel necessary, a rep- signed, specified, selected or specially provided for by
resentative authorized to act in the Owner's behalf with the Architect.
respect to the Project. The Owner or such autho, zed
representative shall examine the documents submitted h 3.1.3 Construction Cost does not include the compen-
by sation of the Architect and the Architect's consultants
tha Architect and shall render decisions pertaining hereto .
promptly, to avoid unreasonable delay in the progress of the cost of the land, righ!s-of-way, or other costs which
the Architect's services, are the responsibility of the Owner as provided in Arii•
cle 2.
2.4 The Owner shall furnish a legal description and a
certified land swvey of the site, giving, as applicable, 3.2 RESPONSIBILITY FOR CONSTRUCTION COST
grades and lines of streets, alleys, pavements and adjoin- 3.2.1 Evaluations of the Owner's Project budget, State
ing property; rights-of-way, restrictions, easements, en- merits of Probable Cr) tstruction Cost and Ociaded
croachments, zoning, decd restrictions, boundaries and Estimates of Construcllon Cost, if any, preparers by the
contours of the site; localions, dimensions and complete Architect, represent the Architect's best judgment as a
data pertaining to existing buildings, other improvements design professional familiar with the construction indus-
and trees; and full information concerning available sere try. It is recognized, however, that neither the Architect
ice and utility lines both public and private, above and nor the Owner has control over the cost of labor, mate-
below grade, including inverts and depths. rials or equipment, over the Contractor's methods of de-
2.5 The Owner shall furnish the -emices of soil engi- termining bid prices, or over competitive bidding, market
neers or other consultants when such services are deemed or negotiating conditions. Accordingly, the Architect
necessary by the Architect. Such services shall include test cannot and does not warrant or represent that bids or
borings, test pits, soil bearing values, percolation tests, air negotiated prices will not vary from the Project budget
and water pollution tests, ground corrosion and resistivity proposed, establish:d or approved by the Owner, if any,
tests, including necessary operations for determining sub. or from any State rent of Probable Construction Cost or
soil, air and water conditions, with reports and appropri- other cost estimate or evaluation prepared by the Archi-
ate professional recommendations, tect.
2.6 The Owner shall turnish structural, mechanical, 3.2.2 No fixed limit of Construction Cost shall be estab-
chemical and other laboratory tests, inspections and re- lished as a condition of this Agreement by the furnishing,
ports as required by law or the Contract Documents. proposal or establishment of a Project budget under Sub-
2.7 The Owner shall furnish all legal, accounting and in- paragraph 1.1.2 or Paragraph 2,2 or otherwise, unless such
surance counseling services as may be necessary at any fixed limit has been agreed upon in writing and signed by
the
time for the Project, including such auditing services as eparti the es hereto. If such a fined limit has been econ.
the Owner may require to verify the Contractor's Applica- ti ncies for shall be permitted to include cle.
tions for Payment or to ascertain how er for what pur-
poses the Contractor uses the moneys paid by or on be- termine what materials, equipment, component systems
half of the Owner. and types of construction are to be included in the Con-
tract Documents, to make reasonable adjustments in the
2.8 The services, ir,orrnation, surveys and reports re- scope of the Project and to include in the Contract Docu-
quired by Paragraphs 2.4 through 2,7 inclusive shalt be merits alternate bids to adjust the Construction Cost to the
furnished at the owner's e%pense, and the Architect shalt fixed limit. Any such fixed limit shall be increased in the
be entitled to rely upon the accuracy and completeness amount of any increase in the Contract Sum occurring
thereof. after execution of the Contract for Construction.
2.9 If the Owner observes or otherwise becomes aware 3.2,3 If the Bidding or Negotiation Phase ' tot com-
of any fault or defect in the Project or nonconformance menced within three months after the Architect submits
with the Contract Documents, prompt written notice the Construction Documents to the owner, any Project
thereof shall be given by the Owner to the Architect, budget or fixed limit of Construction Cost shall be ad-
2.10 The Owner shall furnien required information and lusted to reflect any change in the general level of prices
services and shall render approvals and decisions as ex- in the construction industry between the date of submis-
peditiously as necessary for the orderly progress of the sion of the Construction Documents to the owner and
Architect's services and of the Work. the date on which proposals are sought.
3,2.4 If a Project budget or fixed limit of Construction
ARTICLE 3 Cost (adjusted as provided in Subparagraph 3.2.3) is ex-
ceeded by the lowest bona We bid or negotiated pro-
CONSTRUCTION COST posal, the owner shall (1) give written approval of an
3.1 DEFINITION increase in such fixed limit, (2) authorize rebidding or re-
3.1.1 The Construction Cost shall be :he total cost or negotiating of the Project within a reasonable time, (3) ii
estimated cost to the ioOwne- of n all elements of the cost or the Project is abandoned, terminate in accordance with Project Paragraph 10.2, or (4) cooperate in
revising the Project
designed or specified b, tho Architect, scope and quality as required to reduce the Construction
3.1,2 The Construction Cost sh.d include at current Cost. In the case of (4), provided a fixed limit of Construe-
market rates, Including a masonEble allowance for over- tion Cost has been established as a condition of this Agree-
head and profit, the cost of labor and materials furnished ment, the Architect, without additional charge, shall mod-
by the owner and any equipment which has been de- ify the Drawings and Specifications as necessary to comply
AIA DOCUMENT 1141 4 OWNER ARCHITECT AGREEMENT • THIRTEENTH EDITION 6 JULY 1971 , AJAR • m 1977
6 8141.1977 THE AMERICAN INSTITUTE Or ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 70005
l
with the fixed limit. The providing of such service shall be or extended through no fault of the Architect, compensa-
the limit of the Architect's responsibility arising from the tion for any Basic Services required for such extended
establishment of such fixed limit, and having done so, the period of Administration of the Construction Contract
Architect shall be entitled to compensation for all services shall be computed as set forth in Paragraph 14A for Addi-
performed, in accordance with this Agreement, whether tional Services.
or not the Construction Phase is commenced, 6.1.4 When compensation is based on a percentage of
Construction Cost, and any portions of the Project are
ARTICLE 4 deleted or otherwise not constructed, compensation for
DIRECT PERSONNEL EXPENSE such portions of the Project shall be payable to the extent
services are performed on such portions, in accordance
4.1 Direct Personnel Expense is defined as the direct sal- with the schedule set forth in Subparagraph 141.2, based
aries of all the Architect's personnel engaged on the Proj- on (1) the lowest bona fide bid or negotiated proposal or,
ect, and the portion of the cost of their mandatory and (2) if no such bid or proposal is received, the most recent
customary contributions and benefits related thereto, such Statement of Probable Construction Cost or Detailed Esti-
as employment taxes and other statutory employee bene- mate of Construction Cost for such portions of the Project.
fits, insurance, sick leave, holidays, vacations, pensions 6,2 PAYMENTS ON ACCOUNT OF
and similar contributions and benefits. ADDITIONAL SERVICES
ARTICLES 6.2.1 Payments on account of the Architect's Additional
Services as defined in Paragraph 1.7 and for Reimbursable
REIMBURSABLE EXPENSES Expenses as defined in Article 5 shall be made monthly
upon presentation of the Architect's statement of services
5.1 Reimbursable Expenses are in addition to the Com- rendered or expenses incurred.
pensation for Basic and Additional Services and include
actual expenditures made by the Architect and the Archi- 6.3 PAYMENTS WITHHELD
tect's employees and consultants in the interest of the 6.3.1 No deductions shall be made from the Architect's
Project for the expenses listed in the folfowing Sub- compensation on account of penalty, liquidated damages
paragraphs: or other sun , withheld from payments to contractors, or
5.1.1 Expense of transportation in connection with the on account of the cost of changes in the Work other than
Project; living expenses in connection with out-of-town those for which the Architect is held legally liable.
travel; long distance communications, and fees paid for 6.4 PROJECT SUSPENSION OR TERMINATION
securing approval of authorities having jurisdiction over 6.4.1 If the Project is suspended or abandoned in whole
the Project. or in part for more than three months, the Architect !hall
5.1.2 Expense of reproductions, postage and handling of be compensated for all services performed p for to receipt
Drawings, Specifications and other documents, excluding of written notice from the Owner of such suspension or
reproductions for the office use of the Ar hitect and the abandonment, together with Reimbursable Expenses then
Architect's consultants. due and all Term nation Expenses as defined in Paragraph
5.1.3 Expense of data processing and photographic pro- 10.4. If the Project is resumed after being suspended for
duction techniques When used in connection with Addi• more than three months, the Architect's compensation
tional Services. shall be equitably adjusted.
SAA If authorized in advance by the Owner, expense of
overtime work requiring higher than regular rates. ARTICLE 7
5.113 Expense of renderings, models and mock-ups re- ARCHITECT'S ACCOUNTING RECORDS
quested by the Owner. 7.1 5.1.6 Expense of any additional insurance coverage or tai Records Reimbursable Expenses and expenses on
o
limits, including professional Iiabllity insurance, requested taming to Additional Services and services performed on
by the Owner in excess of that normally carried by the the basis a Multiple Direct Personnel Expense shall
Architect and the Architect's consultants. be kept on n the basis of f generally accepted accounting
principles and shall be available to the Owner or the
Owner's authorized representative at mutually convenient
ARTICLE 6 times.
PAYMENTS TO THE ARCHITECT ARTICLE 8
6,1 PAYMENTS ONACCOUNTOFBASIC SERVICES OWNERSHIP AND USE OF DOCUMENTS
6.1.1 An initial payment as set forth in Paragraph 141 is 8.1 Drawings and Specifications as instruments of serv-
the minimum payment under this Agreement. ice are and shall remain the property of the Architect
6,1,2 Subsequent payments for Basic Services shall be whether the Project for Which they are made i3 executed
made monthly and shall be in proportion to services per- or not. The Owner shall be permitted t-j retain copies, in-
formed within each Phase of services, on the basis set eluding reproducible copies, of Drawings and Specifica-
forth in Article 14. tions for information and reference in connection with the
61.3 If and to the extent that the Contract Time initially Owner's use and oc! upancy of the Project. The Drawings
established in the Contract for Construction is exceeded and Specifications shall not be used by the Owner on
AIA DOCUMENT 1141 r OWN ER. ARCM I It CT ACKEEM ENT r THIRTLENIH EDITION • JULY 1977 r AIAS • 01977
THE AMERICAN INSTITUTE Of AACHITECIS, 1731 NEW YORK AVENUE, NW., WASHINGTON, D.C. 2M 8141.1977
1
other projects, for additions to this Project, or for comple- 10.4 Termination Expenses include expenses directly at-
tion of this Project by others provided the Architect is not tributabte to termination for which the Architect is not
in default under this Agreement, except by agreement in otherwise compensated, plus an amount computed as a
writing and with appropriate compensation to the Archi- percentage of the total Basic and Additional Compensa-
tect. tion earned to the Gme of termination, as follows:
8.2 Submission or distribution to meet official regulatory .1 20 percent if termination occurs during the ~che-
requirements or for other purposes in connection with the matic Design Phase; or
Project is not to be construed as publication in derogation .2 10 percent if termination occurs during the Design
of the Architect's rights. Development Phase; or
.3 5 percent if termination occurs during any subse-
ARTICLE 9 quent phase.
ARBITRATION ARTICLE 11
9.1 All claims, disputes and other matters in question MISCELLANEOUS PROVISIONS
between the parties to [his Agreement, arising out of or
relating to this Agruement or [he breach thereof, shall be 11.1 Unless otherwise specified, this Agreement shall be
decided by arbitration in accordance with the Construe- governed by the law of the principal place of business of
lion Industry Arbitration Pules of the American Arbitia- the Architect.
lion Association then obtaining unless the parties mutu- 11.2 Terms in this Agreement shall have the same mean-
ally agree otherwise. No arbitration, arising out of or re- ing as those in AIA Document A201, General Conditions
lating to this Agreement, shall include, by consolidation, of the Contract for Construction, current as of the date
joinder or in any other manner, any additional person not of this Agreement.
a party to this Agreement except by written consent con- 11,3 As between the parties to this Agreement: as to all
taining a spncific reference to this Agrement and signed acts or failures to act by either party to this Agreement,
by the Architect, the Owner, and any other person sought any applicable statute of limitations shall commence to
to be joined. Any consent to arbitration involving an ad - run and any alleged cause of action shall be deemed to
ditional person or persons shall not constitute consent to have accrued in any and all events not later than the rele-
arbitration of any dispute not described therein or with vant Date of Sub~iantial Completion of the Work, and as
any person not named or described therein. This Agree- to any acts or failures to act occurring after the relevant
ment to arbitrate and any agreement to arbitrate with an Date of Substantial Completion, not later than the date of
additional person or persons duly consented to by the issuance of the final Certificate for Payment.
parties to this Agreement shall be specifically enforceable 11.4 The Owner and the Architect waive all rights
under the prevai,ing arbitration law. against each other and against the contractors, cone lt-
9.2 Notice of 'he demand for arbitration shall be filed in ants, agents and employees of the other for ,'amages cov-
writing with the other party to this Agreement and with ered by any property insurance during construction as set
the American Arbitration Association. The demand shall forth in the edition of AIA Document A201, General Con-
be made within a reasonable time after the claim, dispute ditions, current as of the date of this Agreement. The
or other matter in question has arisen. In no ever.t shall Owner and the Architect each shall require appropriate
the demand for arbitration be m,Je after the date when similar waivers from their contractors, consultants and
institution of legal or equita'rie proceedings based on agents.
such claim, dispute or other molter in question would be
barred by the applicable statute of limitations. ARTICLE 12
9,3 The award rendered by the arbitrators shall be final, SUCCESSORS AND AE51GN5
and judgment may be entered upon it in accordance with
applicable law in any court having jurisdiction +F.ereof. 12.1 The Owner and the Architect, respectively, bind
themselves, their partners, successors, assigns and legal
representatives to the other party to this Agreement and
ARTICLE 10 to the partners, successors, assigns and legal representa-
TERMINATION OF AGREEMENT ives of such other party with respect to all covenants of
this Agreement. Neither the Owner not the Architect shall
10,1 this Agreement may be terminated by either party assign, sublet or transfer any interest in this Agreement
upon seven days' written notice should the other party without the written consent of the other.
fall substantially to perform in accordance with its terms
through no fault of the party initiating the termination. ARTICLE 13
10.2 This Agreement may be terminated by the Owner
upon at least seven days' written notice to the Architect EXTENT OF AGREEMENT
in the event that the Project is permanently abandoned. 131 This Agreement represents the entire and integrated
10.3 In the event of termination not the fault r f the Ar- agreement between the Owner and the Architect and
chitect, the Architect shall be compensated for ;.II services sur ersedes all prior negotiations, representations or agree-
performed to termination date, together witf, Reimburs- meats, either written or oral. This Agreement may be
able Expenses t' on due and all Termination Expenses as amEnded only by written instrument signed by both
defined In Paragraph 10.4. Owner and Architect,
AIA DOCUMENT 0141 0 OW"AR-ARCHVTEC' AGREEMENT I THIRIEENTH EDITION • IUtY 1977 • AIAS • ® 1377
8 8141.1977 THE AMERICAN 'NSIITUTE Or ARCII'iECrS, 1731, NEW YORK AVENUE, NW, w'ASHINGTON, D.C. 7VOW
4
ARTICLE 14
BASIS OF COMPENSATION
The Owner shall compensate the Architect for the Scope of Services provided, in accordance with Article 6, Payments
I
to the Architect, and the other Terms and Conditions of this Agreement, as follows:
14.1 AN INITIAL PAYMENT of dollars )
Shall be made upon execution of this Agreement and credited to the owner's account as follows:
14.2 BASIC COMPENSATION SIX THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($6,500.00)
14.2.1 FOR BASIC SERVICES, as described in Paragraphs 1.1 through 1.5, and any other services included in Article 15
as part r ",sic Services, Basic Compensation shall be computed as follows:
(Nere insect basis of compema7lon, including fixed amounU, muftipres or prrcenlages, and identify Phases to which pariicular methods of compenra.
lion appfy, it necessary
Schematic Design & Design Development $2,275.00
Construction Documents 2,600.00
Bidding Phase 325.00
Construction Phase 1,300.00
Total $6,500.00
14.2.2 Where compensation is based on a Stipulated Sum or Percentage of Construction, Cost, payments for Basic
Services shall be made as provided in Subparagraph 6.1.2, so that Basic Compensation for each Phase shall
equal the following percentages of the total Basic Compensation payable:
rinclude any addlhonl Phacrl as appropriate t
Schematic Design Phase; j*F*e* i-
Design Development Phase: percent 135
Construction Documents Phase: percent( 40
Bidding or Negotiatior Phase: percent I 5
Construction Phase: percent ( 20
14.3 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 1.6, Compensation shall
be computed separately in accordance with Subparagraph 1.6.2.
AIA DOCUMENT 1141 a OWNER-ARCHITECT AGREEMENT a THIRTEENTH EDITION a JULY 1977 . ArA$ a Q 1977
THE AMERICAN INSTITUTE Or ARCHITECTS, 17JS NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 6141.1977 9
t-1
r
14.4 COMANSATION FOR ADDITIONAL SERVICES
14.4.1 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Paragraph 1.7, and any other services in-
cluded in Article 15 as part of Additional Services, but excluding Additional Services of consultants, Compen-
sation shall be computed as follows:
(Here insert basis of compensarx , including rases and'or mulvisles of Viruct Personnel Expense for Principal, and emp)oyees, and ident iy Principals
and classify employees, if regvrred. )dernify speclfle services to whfch parikuhr methods o) compensation apply, if necessary)
James R. Kirkpatrick Twenty Dollars ($20.00) per hour
Staff Personnel Two and One-Half (2.5) times hourly rate
14.4,2 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mecharlical and electrical
engineering services and those provided under Subparagraph 1.7,21 or identified in Article 15 as part of Addi-
tional5ervices, a multiple of one and one-tenth ! 1.1 I times the amounts billed
to the Architect for such ser.;ces.
(Identify specific tvpes of consultants in Ar0cre 75. if required 1
14.5 FOR REIMBURSABLE EXPENSES, as described in Article 5, and any other items included in Article 15 as Reim•
bursable Expenses, a multiple of one and one-tenth ( 1.1 1 times the amounts eK-
pended by the Architect, the Architect's employees and consultants in the interest of the Project.
14.6 Payments due the Architect and unpaid under this Agreement shall bear interest from the date payment is
due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the principal place of
business of th a Architect.
(Here insert any rife of interest /greed upon.)
W jury laws and requcremena under she federal Truth in Lending Act, similar state and focal romumer credit laws and other regufaflom at rho
Owner 'j and Archirecet prrncfpal places of business, the local on of the Project and elsewhere may affect she vafidav of this provrsion. 5perific legal
advice should be obtained whh sespecl to delerion, modilicafron, or other requfremenis evch a written disclosures or waiver 1
14,7 The Owner and the Architect agree in aci:urdance with the Terms and Conditions of this Agreement that:
14.7.1 IF THE SCOPE of the Project or of the Architect's Services is changed materially, the amounts of compensation
shall be equitably adjusted.
14.7.2 IF THE SERVICES covered by this Agreemert have not been completed within twenty-four
24) months of the date hereof, through no fault of the Architect, the amounts of compensation, rates and
multiples set forth herein shall be equitably adjusted,
AIA DOCUMENT 1111 - OWNER.ARCHITECT AGREEMENT - THIRTEENTH EDiT10N - JULY 1977 a AIAS - ® 1971
10 1141-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N, W., WASHINGTON, 0 .C. 20006
ARTICLE 15
OTHER CONDITIONS OR SERVICES
Additional costs not included in the basic services are as follows:
1, Soils Investigation Direct Cost
2. Bid Documents Printing Cost Direct Cost
3. Published Bid Advertisements Direct Cost
4, Topographical Survey Direct Cost
AIA DOCUMENT 1161 a OWNER-ARCHITECT AGREEMENT a THIRTEENTH EDITION 0 JULY 1977 q AIM 0 m 1977
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, IN W., WASHINGTON, D.C. 70006 8141.1977 11
i
,
x S ~ t'-
tt .
r ,
1
S '
This Agreement entered into as of the day and year first written above. `r
OWNER THE CITY OF DENTON ARCHITECT JAMES R. KIRKPATRICK
Denton, Texas 76201 Suite 518, First State Bank Bldg.
Denton, Texas X76201
BY BY
AIA DOCUMENT 8141 , OWNER-ARCHITECT AGREEMENT I THIRTT EN1I4 EDI r10N . JULY 1977 • AIM . ®1977
12 8141-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 173S NEW YORK AVENUE, NW, WASHINGTON, D.C. TWOS
I, ~ .
I i
1
J
k
1
a~-
THE STATE OF TEXAS ~
COUNTY OF DENTON
CITY OF DENTON
The undersigned, for and on behalf of the City of Denton,
Iexas, DD HERE3f CERTIFY as follows:
(1) Subparagraph (d) of Section 7.02 of Article VII of the
[973 9ond Resolution of the Texas Municipal Power Agency ("Agency''',
adopted August 3, 1978, provides in part as follows:
(d) The agency shall have (1) obtained a certificate
from each City which has executed the Power Sales Contract
with the Agenr7 showing a forecast of operating results of
its electric system which show the ability of each City to
meet its obligations, including payments to the Agency,
payabla from the revenues of such electric system for the
period (the "forecast period") of (a) ten ensuing fiscal
years of each City or (b) each ensuing fiscal -,ea- of each
City until the third fiscal year after the latest estimated
completion date of any Project which has been previously
approved by the Cities, whichever is later and
(2) the Engineer has reviewed such forecasts and execu-
ted a certificate, stating in effect that in his opinion
such forecasts are reasonable and based thereon (and such
other factors as he deems prudent) the Agency will have the
ability to meet its obligations during each fiscal year for
the forecast period.
(2) The City of Denton, Texas, hai executed a Power Sales
Contract, dated SeptembeF I, 1975, with the Texas Xunicipal Power
Agency; and
(3) On behalf of said City, the undersigned has prepared a
forecas~ of operating results of its electric system which shows
the ability of the City to meet its obligations, including pay-
ments to the Agency, payable from the revenues of its electric
system for the forecast period (fiscal years ending on September
30th in each of the years 1978 through 1987) which are attached
to this Certificate; and
(4) Pursuant to the Power Sales Contract the aforesaid City
has previously approved the Gibbons Creek Project, the Comanche
Peak Project, and certain System Developments ari Reliability
Expcndit-!res which .ire to be financed in part from the proceeds
of the Texas Municip?.t Power Agency Revenue Bonds, Series 1979;
that the latest established completion date of any project previ-
ously approved by the City is January, 1983.
TO CERTIFY WHICH, witness our official signatures, this
27th day of February, 1979.
CITY OF DENTON, TEXAS
Electrical Utility Administrator
and
• BY: G\J
Fiscal Services Admi istrator
I, the undersigned, City Se.retary, DO HEREBY CERTIFY that
the foregoing instrument bears the signatures of the persons
holding office (as of the date of execution) shown under the
signatures.
TO CERTIFY WHICH, witness my official signature and the seal
of said City, this the 27th day of February, 1979.
C y Secretary
City of Denton, Texas
(City Seal)
N
w N r N b
V V .
0 5 0 0 rt
Apr 6y~ ~ w •
C fND n N r (pD N rt {OP y~~ 9 m I~ v n N z
' Ldp ~y in a G rt R Q m y D 9 W 9
v P) P~~QS W rrt I.., 9 N N < m P.
a (DDS p M O M m C y CD X06 el 0 K M CA :1 m En 0 :1
rt`,Gp7 d a"Q m rp 3G R P R + In ft yy~O.9 r9 G N H .
Pi ,ipFD v y d G M 9 C d w a :j CT (b a yb v N r~ F~+ 1(~•~•~ ~U ~y0f ~ R
rg Lt N M~ H 0
n Y+•0 m~Wf N A m f~D 5 31-'0 m•0, N G h+7 0 7pH,•
t0 ry K hl E 0 O 0 0" 'G ro C W G O B ~t • m .
N Cl W . 7 N ~f7p1 7D tr+•~~+• ~m~j}} n Fri• W rf
y N ~ R 0 mr n V M~ N ~ n tA~ r~ N
Pi o m " 1G••. G A W..
0 hS rrt p n 0 rt r: GG
~ryp V
rt N f1 • .'v 7 h• • P. to
H H i1 Vl r N N. p rt+.
a s N • y
J . rt N ttJ
~ O C
• 9
fD H H A W A r W N H H H
y A 0 0 0 N J N O J o O r H H O 0
J✓~•I W lr O O+JQ) to 0+m LA NrG N N ~ J
N 7 t0 0 Qi A W N N Q+ Lj O r 'J N O tD N N N
Co Co O J N Co W C J O r yt N N J tJ 10 O
fY 1't p O 4# O 0 J N N O N 0 O ON lT r w r N F•' '•C
M VH]7
0 ~ nO
O AO ANNO AAOH JO H r H r r 1~+•
~i 010+ to 0~Q70+N mO+Ntr~O+N W W NH t0 [+1 rt
1
j... . . . . . . . . . . . . . . .j V7 z m `G
N H00 4 00 A tD AHDJNHN W W N O O In a r
N O H 0 W Ot J lr m J W J p~ O A A V W W ,b 3 fD O I
CZJ M
0 00 0 N O N O+ J r Q• W N W W N r r H t, co O M
C7 n
K O 0yy 0 C O
!5 n rt D
J%
F+
H HA H A HH r N I V[H
AOOLn 4w JAtn C" D
H H C7 y y
y C% CD HJ470 OrtpwAWN A A NH ItrD [*1 OO 16
. . . . . . . . . p 33"
% 1•~p0 O+NANr wNr Ln.7HJ r H N Ntn V5
M ONGvoJ mr J wr O+N 0WLn H NAJ o,y p xN "
T
N
AY w L% LM LM 0 0 H told I.,
r H ~ 5
•'NA N N O W N 0 O+N1nW N n N N Hrt
O. . . . . . . . . tp O
C
N O N V a t0 tD .l .J t0 V N O tL H H W A A V ,hp
I O O J W O N O V N W N H to R+ J~ F+ r A -
O10tD0 NW V10 co 0,ta VH 00F J O NOM
n
w
O
A~N Jr{n ~rW~OrOAOb O
V Ot rn OD N N N1~J
A HA '~I
In H as In ~,pa O O. O~ O W V N 0 0) W t0 v
N H- W o J~ N rYII W %J W H a A G W ao
Y lr tn0 V H 0% LA HJAN Otn 'tnHA S N W H
JJJII .
t
~ N P 0 7 ct ~q, C yKy ro fE Ht~q y w N A N
td m rt rt K O H rt 7 ro o '+7 tt ° ID n N rt o N W .
Fgn+o n<CA In b~ arm m ~•rT r w ~ o L', n' ~a~.
N CMD rrt r• W. a n rrr ~ ti M m N W N `[Ark ti0 n r,Hq ttcl, r b to W. rr?
A. (DD tnD r fD 7 0 7 f? o o' ryN ~o} O X m r e 7D O 6A m r' r w n
S~s tD ili W f6 4 O 7 m pW IrDr Oi N N rr N~ Y C,
(D R) rt 0 to H• m H M m 7 N H. 0 rD 0 N ~pp N
b tY V N N W (n r`
MDy y z7 ~t 7' W
cm to foil 0 7 ~f? N .T r0
w iG tD v N~ r
m(p N pyp O
N /4 H• 7 N•
M CD fD t~ryD•
h N
Y
fD tl N N ill ill N V/ ill N ill in N
pn rY F• P~ w w w N N v J OBI W N x
Y N M m A Y N 1D Ln A '-0 01 W N Y O W %4 Y t0 V tD y }
(D A~ co co m lD J A W N Im W W Y W co Ot H l0 Vf O 14 J r•3 t
A. Y Y J t0 Di N m Y J J J t0 tD 17 A A D` J w N O N A O
A co N w co A J co W O W m m N N W m 0 O N N O y
A J AU N10 W H NO)Aw A J A10Lm 1(7% 0 0 tr AN ~i rMrK ~
Y O ill V/ .0 V1 N V/ iA fA in V/ V/ O P7 O
Y Y w w O) V+ A 1D Vi tD I ut w frog M .
M A m N N %0 A Qt A W J Q. %W Y W Y Y N fT N
OD O m to w J J A C, W N Y ON VI J J O N L On' t0 7
N Y N J O CT 0 O 6' N A CT N W O N Cn Cn tD m ct Y .i y n z
r • r • . • . . . . . .O . % CD . . ♦ . M y
R N 6,4 Y J A 0) J N mpp W N ~F~pp+ N m A W W .p~l W m
O N N Cc O co N A W A Ln lM1 A tD m Y W m O OD J W ',t*d1 H Z t
~W N Ll N N N to •!I N N N UI ~ txH*7
O N H A W w co , W W
(,1 W J O N J Cn N Cn Cn Y J W A N N J A A Y J Y N
(D N A Clt 0 m N J 0 Ln F-' M Cn O N J O J i-j w 1D A w
'3 M N W A A to U1 A 0 A t0 w CT In J J O J W O) N In rD
I . . . . . . . . . . . J
Y W p N co W D` O W co co ON Y 0 W v O O N W W C>• 7
d J N A Y A .1 W CT W W O O t0 Y J m w A m lD rt
N ut N JH• Ott JJ VI NO t0Y Ww0 Nm W A JA 7
N
4A 4n M 4A .0
W Y N N N , Y 'DD N N Y N
r 0, m NN O Ot W ut VIYYm N J J P• OCJI ID
O Ot Ot W W ~t Ym tD J YAY JNA 0,m 0Y W 01 PN NJ tD A A W Jm YOt 0m Cn OwJ CS Fr N JDt 0 F+ to
Ou Li A O A CT A w O 1D 0
A 6L %0 J o W %0 mm W • • • • • • • J
W N J 1-1 0 O W .l.1 0% V A A F• O N W W V1 ~ O F, Y O W J
N Vf N iJl lA ins N Vl m iA N N
U On Wit, N W co co co co O ON O
N N Or, O N N w Y 8 t0. O A W m N tO {n
J N N J N 10 N CD A J 10 A A 0 N Y J J 1•+ N
O W JTtO AO J+ W w NM AJmtn J N
. r • • . • • ♦ . .
O b w
VI Q N OD Li O LA .JJ O W W co 0 J VI 0 10 O Y W A CD 1
CJI t0 Y .ut N w J N A m VI C.W O W V N •a
. ~ t b
r
n 'Okay i5'.°y,~T " u' AN nvS6'8g
•C r I: n n " N a E" C A c m r W n C R Y 9 r
a c o k H r M a" u~ m M a
Y n" N' VI rt Y tD O L7 n 7 n o N n
kc ~ m gib G66 -x a o~ p r• n a P. ~ to. ~F& M n a F
1Jf on R W 0. [77py, y, 3c N Pm Y h. "r1f ry N P P Y C Yga "m o
cwr P P Y
I E n Y fD Y 6 y ~y Y 7 1n spp S H A Ij 7 m O S N q
v :5 04 C3 La m Le
a r• r V r• W y.10 M
3yo °n °~ro~ `Ne ~F ,06~
W in
< M ■
~u+ R
a @ ^
9 n
M
W Y
N IC V A A I A
V N m [G m Y N N Y V Y
cgR d O M A a ~ A m 01 01 N W r
N r r O V~ N~ r N A 0 OP y W ~ N ^ Y ~ b
V A N 0 0 O O m O
t L J A O0 O O O O U U N U. Y ~ M N m 10
T A (M/1 v
D m m N N N M Y J v Y r Y V H
Y 0 JI10 J J I Jm N J p. O.~ Q.1 N W S {iO99
Y^ A a D lT 01 I!I N J O W l"6/71 A A IN J Y 2
JY So~J~ d LM oo %P Ao Ngm
1D k1 Y Y Y Y < Y a
m y V W OJ m Y W
J u A A ~ A 1p 1 n m Y J J N A dm A ~ 1C
R A M OIS O O 00 O O O w~ N N J u Y yy
JD OOS O OS 000 Or 100 NNO 7 •iAC
mr A Ny•~ A
111 W N N Y Y N O~i Y Y Y Y = O
p1 m 1D 180 1D 10 10 N m 0~ V `I{` ~ N A 10
~.a J O S~O O O, 1 8~0 N S 61Y JIf ff, N Y A N S N• ,
eyb i
y .,J lpn. VO.~ • ~0n1 A r A
d ONm m Qo10 u1NN m m Nd m n.
" L7
m s7 .70 O OS O' O o u vS Olr %0 LM NN J W
.4 j
p p A I A D O O 10 r1 F• Y I. Y O .~7
NN 8A Y8 8 ~ N'~~O ~JOpp per, m N ~n
Y m I- V 10 N N O
J O ~O O O O M N
~Jp A A P 0 Y Y Y
(Db 9r QQ JJ 8J QQJ QQJ 1~I~~FI.NOO1 M J A 1D 10 +IQQd ~Vpp~ •0
+A `A•1W GCC VI' Op S N~Y Y NOY co
J N
O
>n J~ J l9 N 400 ,Y Y Y
0 S 9
co , p 88S 8 8 Y O 1D 10 u01 CD
% CD
wo NCO
y0 000 O ' O w
a Lm
N N co m CD LIN
N A v O O w 01 S
g gg ~8a 8~ (p A In IJ A A N m
y~y.. JtYD OOO rJ O, P O~.O V~~Y PN N PN
• p
pp' 10 i0 g O ppA1~ N
D 18D ~8 8N pqN ' 8N ~ C~~ • wp • O O IIkLT W~ W
DDPM V W 0Ir0 O O O Oo N O Ow. 1Y LA N L" &
n 11 n r M1 I~ Y 6 L O H C" ~1 < N n n b
~ X y O G n u h S n a s pR 4 k n. ~~pi N
• p ~ ~ Ir M1 r. ~ ~j 8 n ~ €i ti K 6 ~i h R ~ C y
2 ~ j .rt1 ry ~ f A n G O N r"4 N 0~R O^ F~~ n ~ L Imo. 0 A C ~ n 7 i
C 2 R r) " 1•. £ a a Y 4 F h C A 'c £ G. ° j 'ri .Oi I a s 1~..
6 4 ~ tr C R R R C ~ 1. r) O r. aC R I.. I.. y r.. Y '4 • . • al .
ryp a o ro i~ c" on f bon 5 ti
6 0 'C ~ a Cn ~ t+ orb ~pD R C F •oroi r~p Y 2 i.' 'CO rtb i ~ •Ai N W ~ .
RW"t' 4 p n < h P. n 60..1. ;yL ~ Z h7 < 1•• F 8 In..~• ,Q .;`I
r,
"isr 6 ~~r ~ p °b.~N4
fry N IV'O ' ~ n L1 N k fCl y~y • ~ i.
..yh m
t N on^ . • . tl . . . . . . . . Ip . . . . . . . . .
'A I`hI`pp p5 N N N ' N N • • • N • • • LI • L. • in • N • N • • • 4
. D y p , W 1.. U W N ti w F~. N \ co b O Or
d ~ C n A. ' • • ~ 1
.••R O1 kN 1" b W W O UwUU~-..V ww P I PN G W PNbN
6 N k V V V V~ O V V V V V V g I A O p q .p N N V V
7 Oi p p V ; 111... .p b .p .p C ; 1 W N r. U N IL'i V q U k.
H y n'" U \ P N W .-gym W N V y 4 p p O q 4 w 1V.. .t, P O m P N I~1 ~
~N['~ O U C .V. uqi ~IIw~UN Hv OO C6 n q OT mP.D C... W4 ~
~n`ry ` N W O W N U I
b .Tr 1.. W I.. 1'~.. 1. 1. 1.. M.,
" C w W W P A W.+ W W V b b ;O wP
M O h ~
.pi y n y V V) V p Np U W A V m N N O N N b N P N q I g P N V P
pp M1NR O b T : O V 4 L IW-•m V rm-•00 Fm. 4 r~ N V OC I ONO om TY
5 .n•. LL N Oe V O V V g V b W O W O O v V 2 m A q g W N N V V
n < p\ ~ •0 0 .G W V g W U O U 0 0 q w `O 4 U U W O O w V '
F 4 R 4p O V V O V P rC U .O O 10 O O P V 'O O .D 1D.P O P V
ncpeps IY tyy 6 I. 1.. 1.. M
L N y y q w N W I W b~ „ P w P P y I IQ
N N O P
1i 1. 2 O D. N R U4 V ~0 W N O N N N V U N N I N P N U 0
~p C i, m N w U O U v V V V V V V V q .N N b W V I V w W V W w ro
ph hk4 O U N V O V OOO PN N'oN N 4 C V N U I U POND .'0
S$~pnj' V 2 HR r w W W N 4 N V U A 4 U 4 O Nm m
1.. N N q C 0 C W U G N p N O O n C V N w q OD 4i O
8 m g O O V W N wl w Op N Oo W Iti
q n 44, P U r O h. b P U to
S O~' W N W~ W N b 00 w N N ii N N N ~ ? R r
Syyr N W W W UV v nn
Kb~` 'r De D bNV OU\DP 4wNN VNUNWIWPNWO I7~ '
R i Oe P V W p W N W U1.. V U p~ \ W W q P 4 q w I 4 W V W M
k; O ~ V 001 0 to
V O ♦ O W O. V O O P V V 4 U U P N Y V Q 'V I+Q
N16n FV. O8m mw V w'~OOOg V V N qI•' W W V V V.p nr"
aC 4 P P A Ow A g z A W w ..P
m N P bb CC
00 p P N w Ow w4Nlo 40 A E N 4th O 0046 q N RR
0O
~p RA w O•• N q W ONi w Y N; U U O N. 0 4 OF'i ; Z R
I•.. Iwp w C N OO P Vf V O O V N N N ` K
h C. to v N N N O V N P A P O O O A A b N{~ P I P P N U N
co p q W O N b l kl N W ►
• h to. O b • W O W W N N b 4 N N m\ N U V P O V O P U P w kl
•001 P N LP. \U04 \8•, V N 4AIP0 v 0, L NW of N O
O.•• N4N4'WOOb 0 C n 1.1 I•. N U Y V N N NP r
QV w N G q NI w4m•-^ Oa A a' VV
w ♦ ♦
K~.\ N N NO V P•o w.pU W ww N V ANN I NPN \
mp n W O W •~w k0 y. V O\ w w V oD .DP N 1 N P W I•.O w
w J N S N O N N0N W 4UNN U q O AbU I U V Vw'D .p
s ppwa w w N 88 N U W 0p0 b g O A 0 0 U Oc O V U U r• A U W .
;Ip~ r P N IP•~1O .P•• b V.6 V P Oa`COO n C .DIN V Vi VP1OO
m w 'N N • A ~ w; N V; N !w. m V V b V
O, w W q NN r..P O NN V ANN u wNb I V P4N V
r p~iw 4 g V V O V N P V q W O V 4 q P O O V l0 w I V 4 W P w
ye O , U UpOU V V9U V Vw8•P8V 8V W UeVNA 14 V•.OO V g
~FM.M P N w 81P. NA W A41O4y0 O P N g 04 r~~~ir4aA •
w N N 4 4 O 'w w V N w^ O q ~ b 0\
ff ~3e1 N V1 V NN A Vw WN VANN b ON V I vO.NVO
..ye \ N H • pA •NPe ww•p4W U \ w~pN NhgUW
w I w V N W O .a
i II 6 01 U U 6 U O w w V O ~q P N N U P\ It
• • • • II` • .p • • • • • q
1. w N wNU wyyyp8 8pQ \ • U V \ \ •!yN~yp~• U
I•p P~i N 1+OIP. PAIw..4'O~OC , V '.\l V IN•.a Q C\ VOIp+
OO y ♦.r
w •1,1 • W . ;+w O~1 w^ b P N 1W. N N\
p, . b w w NOO q V N4 ♦►A W w O W V V PN A4
pp O A \ W V kl .0 OD P r W N N ~D • p. w w
y" O 0. W O 80 O\r~N~~ O. V V g o~ •w•r,r NvA ON b
RRRO . Q
eV mA P ~ Lf NvNO$►86 ~ rU.. W Pb V vO0Vi 1\.O ~ s~ •
♦ O A~ A V P N N q
1
N N •
N • • • .41 b 1+wS ►1+NM O C 4 W V\
• ♦ ♦
N V N •p,\ W UC N w Np t( 0, ON
• ~ S ~ $8~ •~ri1V.v~~~iO •°i ~~WVViVw~~w w N
rw.. ~ yN~8N ONO My~y~~8y~188 A tVi• O wa• •CICN6~ V r,.
• W V O V NO V bP~ O'J~`O0 IC bON NYN WN Y• ~
h WV •
hi ~j
N \ NP e~p•PIp W04 P w W \ \4paq
S N g N g g P 10 0 P w\\ P v\\ 4 • A N w
W W \ W VON N P U u w b 4 U 0
\ U V OW Nw0 OA, ' V q V U'O • W O • • '
O w w w ♦ 4 P
f '
. ~ ~ ~ c ~ 3~
~l ic~ t i ~
f 4_f
~3_ f ~
r~_
r' Y
~ ~ t
Sty K. 5.~
Cf
v i
C
r
F ~ }
` ~ ~
4. r , ~ ~
tit ~ ~ ~
r
:JA HAR -I PH 2; 46
NO. 9435 ',J, ]!I
;•,ti i'i C.1I {t '6J1 CO.U
THE CITY OF DENTON, TEXAS r~{ "IN"THR-MfflrY COURT AT.LAIV
VS. OF DENTON COUNTY, TEXAS
.METROPLEX E(-JITIES, !NC., EMINENT DOMAIN PROCEEDINGS
TRUSTEE
JUDGMENT
On this the. ? day of Februa,y, 1979, in the above entitled
and numbered cause came on to be heard this matter in eminent domain,
and it appearing that the parties have agreed and compromised this
matter and that the Defendants are willing to 1ccept the award of
the commissioners and that the City will pay the sum of Two Thousand
Sixty-Two Dollars and Fifty-Five Cents ($2,062.55) for the utility
easement across the tract of land owned by the Defendants, such
I
utility easement more particularly set oat.in Exhibit "A" which is
attached to this judgment and incorporated herein as if fully set
out herein;
And, it farther appearing to the Court that the sum of Two
Thousand Sixty-Two Dollars and Fifty-Five Cents ($2,062.55) has been
deposited by Plaintiff into the Registry of the Court;
And, it further appearing to the Court that the Plaintiff will,
as part of the consideration of the agreement, grant to the Defen-
dants or their successors and/or assigns, three sewer trips free of
charge from their property onto the sewer line at the places and at
the time dosigna,ed by the Defendants, their successors a,.4/or
assigns, and the further agreement that Plaintiff will waive any
prorata sewer charge that would normally be assessed to Defendants
r
for the running of the sewer.line across their property,
It is therefore, ORDERED; ADJUDGED AND DECREED that the City
of Denton, Texas do have and recover from the Defendants, Metroplex
Equities, Inc,, Trustee an all purpose utility easement in and to
that certain•prbperty situated in the CII.;i of Denton, Denton County,
Texas, being heretofore described in the attached Exhibit "A", and
that the same be, and it is hereby vested in the City of Den•;on,
Texas,
And, it is further ORDERED, ADJUDGED AND DECREED, that Defen-
dants, Metroplex Equities, Inc., Trustee do have and recovor from
the City of Denton, ox as the said sum of Two Thousand Sixty-Two
Dollars and 11'ifty-Five Cents ($2,062.55).
And, it is further ORDERED, ADJUDGED AND DECREED, that Defen-
dants Metroplex Equities, Inc., Trustee, receive from the City of
Denton, Texas, three sewer taps free of c`aarge from their property
onto the sewer line being constructed in the said easement at the
places and at the time the said Defendants, their successors and/or
assigns designate, and it is further ORDERED that the City of Denton,
Texas waives any prorata sewer line charge for placement of the
sewer line acrosE Defendant's property.
It is further ORDERED that all cosL:. herein are taxed against
the City of Denton, T'e,;as, and that the City of Denton may have its
Writ of Possession.
Signed this the • day of Fqr/iary, A. D. 1979.
~ J. RAY IANRTIN, Judge
01 The County Court At Lai
of Denton County, Texas,
J. RAY MARTI , JUDGE
COUNTY COURT AT LAW
DENTON COUNTY, TEXAS
APPROVED:
I
.C:-.PAUL C. ISHAM, CITY ATTORNEY'
CITY OF DENTON, TEXAS
METROPLEX EQUITIES, C.
TRUSTEE /
by:
EXHIBIT "A"
The centerline of a sewer line easement crossing two (2) tracts or parcels of
land containing total of 112.8 acres of land, more or less. TRACT ONE: All
that certain tract 'or parcel of land situated in the M.L. Austin Survey,
Abstract No. 4, and the M. Yoacham Survey, Abstract 'u. 1442, Oenton County,
Texas, containing 60.5 acres, of land, more or less. TRACT TblO: All that
certain tract or parcel of land situated in the M.E.P. and P.R.n. Survey,
Abstract No. 927, Denton County, Texas, containing 52.3 arses of land, mcre or
less. Conveyed to Metroplex Equities, Inc., Trustee, by certain. reeds of
record as described in Volume 667, Page 304, deed records'of Denton County,
Texas. i
Beginning at a point in the Northeast corner of said Tract Two, and the South
right-of-way line of Farm-Market Road 426. Thence, Southerly along the common
property line between said Metroplex Equities, Inc., and H.S. Miller Realty
Trust, a distance of 1,061 feet, more or less, to a POINT OF BEGINNING of
said sewer line easement. Said Point of Beginning being adjacent to, and
12 `.eet south, more or less, of,existinq 33" Pecan Creek Outfall Sewer..
THENCE: S 88°15'30" W, a distance of 498.3 feet, to a point;
THENCE: S 89°14' W, a distance of 918.6 feet, to a point;
THENCE; S 78°40' W, a distance of 151.8 feet, to a point;
THENCE: S 66100' W, a distance of 819.8 feet, to a point;
THENCE: N 76°40'30" W, a distance of 450.6 feet, to a point;
THENCE: S 59°56' W, a distance of 102.3 feet, to end of serer line easement.
Said length of easement being 2,941.4 feet, more or less, excluding 166.7
feet of easement within the riqht-of-way of Loop 288, leaving a total of
21774.7 feet of easement, more or less, measured along the centerline of
said easement.
,
J
L
i
S
'y~J
~
4\
C~
1~
4-
n
1
~p1. W ~rF9 Q
-40
FA 1sd THE MMUL CORRORATIO
0 WATER TREATMENT PRODUCTS AND S£RVI( :S SINCE 1415
It
200 CHAGRIN FALLS,OHIO 44022 • (216)247 500 • TELEX NUMBER 8640324
.09 NG EMS' 1~ P.O.BOX 10
February 8, 1979 REPLY TO:
POST OFFICE BOX 6447
ARLINGTON, TEXAS 76011
CHEM-SERVICE AGREEMENT
between
THE MOGUL CORPORATION
and
THE CITY OF DENTON -
DENTO119 TEXAS
AGREEMENT made by the Chem-Services Division of The flogul Corporation of
604 112th Street, Arlington, Texas (Seller) and The City of Denton, Denton,
Texas (Purchaser),
A. The undersigned Seller hereby sells and the undersigned
Purchaser hereby purchases, subject to the terms and
conditions hereafcer set forth, the water treatment service
( described herein for the systems to be serviced, all as
follows:
SYSTEMS
2 ea. Cooling Systems
B. The•Purchaser covenants and agrees with the Seller as follows:
1. That the minimum term of this Agreement shall be.for a
period of one (1) year, commencing on this /'a/ ,day of
f~rr , 1979, and shall be automatically renewed
a t e end of each one (1) year period thereafter, cancella-
tion of this Agreement may be accomplished by either party
at any date after the end of the one (1) year period, providing
that thirty (30) days prior written notice is given by either
party to the other, indicating its desire to discontinue this
Agreement and providing that cancellation charges, if any are
indicated in this Agreement, are paid in full.
2. That the Seller's servicemen will not be delayed in ob-
taining access to service the equipment listed.
3. That the Purchaser will repair leaks in his water system
which come from worn packing glands, worn valves, or other
leakage from the system without delay so as to prevent
unnecessary corrosion and waste of treatment chemicals,
PLANTS AND LABORATORIES
/Ulington, T% a Cttswln Falls, OH a Ch,rlolte. NC a Laonh, NJ a Los Angaln, CA a Mlnnupolla, MN • Phoenix, Ai a Port4nd, OR
Canada: Winnlpay, Manitoba; Montreal, Ouobea a Australia: Ths Nighhngals Supply Co. Ltd„ Sydney, WSW, a Japan: Nippon Rensul Co„Tokyo
~t
City of Denton
Page 2
4. That the monthly service charge indicated in this Agree-
ment is to remain in effect for the first year period ana,
in order to cover future increased labor and material
charges, may be increased accordingly, providing that
notice is given to the Purchaser at least thirty ('30) days
before any proposed increase.
5. That the Seller agrees to furnish and apply water treat-
ment chemicals to minimize the effects of corrosion, scale
and organic growth which would reduce the expected effi-
ciency and life of the above systems.
b. That the Seller agrees:
a. To have his personnel make treatment service calls to
the premises listed above for the duration of this
Agreement.
b, To make determinations of the following: pH, conduc-
tivity, amount of treatment present.
c. To recharge water treatment chemicals to the said
systems so as to maintain desired operating concen-
trations.
d. To take internal water samples from said systems and
to make field and laboratory analyses of the samples.
e. To establish desired operating values for said factors
as required foi- each said system.
f. To make written reports to the Purchaser, after each
service tali, which will show the actual operating
values and the desired operating values.
7. The Purchaser agrees:
a. That for breach or default by the Purchaser, the Seller
may terminate this Agreement without notice.
b. That he waives and releases the Seller from liability
for personal injury or property damage in connection
with the water treatment service or equipment and will
indemnify and save harmless the Seller as to any liability
therefor, except as such that may be caused by the
Sellers uegl:gnnce, 4
8. Specified equipment may `u2 amortized over a period of twelve
(12) months for the sum of $133.22/mo,
9. For performance of the said service, the Purchaser agrees to
make payments to the Seller, terms thirty (30) days net, for
the duration of this Agreement as follows:
Mon 1 Char ( emical nd Monthly Charge (Chemicals,
Serv e, Only Service and Equipment)
s
$11~. 2/mo, $133.221mo. '
City of Denton
• Page 3
ACCEPTANCE:
THE MOGUL CORPORATION CITY OF DENTON
(Seller) (Purchaser)
8Y_t~11111~U BY / ll llc~, </'~nl ,
s. c_ eo~~ f t
DATE L /79 DATE 9,/,j 17 9
ADDRESS_~2,r5
i ,
• I
f
~~~~~a
r
NO. AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
ESTALLISHING A POLICY WITH RESPECT TO CALLING AN ELECTION WHERE
THE CITY HAS THE RIGHT TO APPROVE OR DISAPPROVE A GENERATING
PROJECT PROPOSED TO BE UNDERTAKEN BY THE TEXAS MUNICIPAL POWER
AGENCY; AND PROVIDING AN EFFECTIVE DATE,
WHEREAS, the City of Denton, Texas, has heretofore executed
a Power Sales Contract with the Texas Municipal Power Agency (said
contract being dated September 1, 1976) which is identical in its
terms with contracts executed bstween the Agency and the Cities
of Bryan, Garland and Greenville, Tcaxos, and
WHEREAS, the said Power Sales Contract provides, in part, that
before the Agency may issue bonds to provide for the construction
*or acquisition of any power generating facility (or interest there-
in) and transmission f.,zeility required to connect or interconnect
such generating facility with a city or others (all of which iv
hereafter referred to as a "Generating Project"), the same must be
approved (in manner proviiied in Section 13 of the said Power Sales
Contract) by the City of Denton; and
WHEREAS, it appears that the Texas Municipal Power Agency may
hereafter seek the approval of tin additional Generating Project and
this governing b(dy desires to establish a policy for the future
approval thereof by this City;
NOW, THEREFORE, THE CITY COUNCIL OF TFE CITY OF DENTON, TEXAS,
HtREHY ORDAINS:
SECTION I.
(1) In the event the Texas Municipal Power Agency hereafter
requests that the City of Denton approve a Generating Project, then
L
the City Council of the City of Denton, Texas, shall call and order
that an election be held within the City of Denton on the proposi-
tion of whether such Generating Project shall be approved. If a
majority of the participating qualified electors vote in favor of
such Generating Project, then the City Council of the City of Denton
shall be authorized to approve the same.
(2) That the City of Denton has previously approved the Texas
Municipal Power Agency electric generating project known as "Bryan
Lignl.,e Number One" and the project that permits Texas Municipal
Power Agency to participate in the ownership and operation of the
"Comanche Peak Nuclear Steam Electric Generating Project", the
approval of those projects is hereby reaffirmed.
(3) The provi3ions of paragraph 1 of this Section shall not
be applicable to approval of System Development and Reliability
Expenditures, to Developmental Projects (as those terms are defined
in the said Power Sales Contract), nor to those projects described
in paragraph (2) of this Section.
SECTION II.
That this ordinance shall become effective fourteen days from
the date of its passage, and the City Secretary is hereby diracted
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 f its passage,
PASSED AND APPROVED this the 4 *A day of , A.D.
1976.
-2-
79-L~
DENTONTEXAS
ITYWICI)TFec-
BROOKS HELL, MAYOR
ATTEST-
HOLT, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
i
PAUL C. I SHAM, CITY ATTORNEY
CITY OF DENTON, TEXAS
-3-
79- b ~
P J,y)
r
AT A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON,
TEXAS, HE'D IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 13TH
DAY OF FELRUARY, A. D. 1979.
R E S O L U T I O N
WHEREAS, the City of Denton d3sires to establish a procedure
so that the City will be in compliance with state and municipal
law bidding requirements for developer projects where the city
participates in the oversizing of water and sewer lines and in
overwidth and overdepth of payment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DENTON, TEXAS, THAT:
(a.) The develo,.er (or designated Engineer, Agent, etc.)
shall furnish the City a complete sett of preliminary plans and
specifications for the entire development for which participa-
tion is desired. Plans and specifications relating to street
and storm drain improvements shall be submitted to the City
Engineering Deparl:,ent. Plans and specifications relating to
Water and Sanitary Sewer improvements shall be submitted to the
Utility Department. The City will, within five regular business
days, review and make changes as necessary, including any changes
in size, depth, location or construction of utility lines nr
streets. During the review, the City and tae developer shall
decide on the specific streets and lines that must be oversized,
the extent of the oversizing and the general terms of the over-
size participation agreemeatq.
(b) The developer shall then furnish the respective City
Departments with a complete set of final and approved plans
and specifications along with a list of at least three qualified
bidders. The respective City Departments will submit these to
thv City Purchasing Agent who will set the date, time and place
of the bid opening and advise the respective departments and
developer of such date, time and place. The developer shall be
responsible for distribution of plans and specifications to
prospective bidders. All requests for plans and specifications
shall be recorded and submitted to the Purchasing Agent at the
time of the bid opening.
(c) The bid process will be according to state law which
is applicable when public funds are utilized. The notice to bid
shall be advertised in a newspaper published in the City of
Denton, and such novice will be published once a week for two
consecutive weeks pzior t) the date set for bid opening. The
date of the first publication shall be at least fourteen days
before the opening of the bids.
(d) The Purchasing Agent will receive all sealed bids and
will open such bids at the designated time and place in a public
bid opening. The original of each bid proposal will be kept by
the Purchasing Agent raid a copy of bids will be turned over to
the developer. The daveloprr shall review, evaluate and recom-
mend to the City which bid it believes to be the lowest and;'or
best bid. A scLedulo outlining the cost of the oversize difference
and amounts to be included in the participation agreement shall be
-2-
submitted to the City.
(e) The respective City Department staffs will review the
developers recommendations, evaluations and cost schedules and
make appropriate recommendations to the appropriate Boards and
the City Council. Utility improvements will be reviewed by the
Utility Board and forwarded to the Council. Street and other
improvements will be sent directly to the City Council. The
Council will then review the request for participation and either
approve or disapprove. If approved, the ~,eveloper may then enter
into contracts and begin construction. I" disapproved, the pro-
ject can be rea.vertised and the bidding p.ocedure will begin
again.
PASSED AND APPROVED this the 13th day of February, A. D.
1979.
JOE MI CELL, MAYOR
CITY DENTON, TEXAS
ATTES .
OOKS HO T, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FROM:
PlUb G. IBM IT ATTORN ,,04~-f
CITY OF DENTON, TEXAS
•
-3-
r. '
I
~I
i
~~1 ~ ~ Y
\n
c~y ~
7"
i~
~ l
v.
G~ ~
~ ~,p
i
d
1 ~
~
' ~ r~r
A RESOLUTION by the City Council of the City of
Denton, Texas, relating to certain System Development
and Reliability Expenditures as certified to this
Council by the Board of Directors of the Texas
Municipal Power Agency; approving such System
Development and Reliability Expenditures; making
certain findings in connection therewith; ratifying
and confirming certain actions heretofore taken;
and providing an effective date.
WHEREAS, by ordinances heretofore duly passed, the
governing bodies of the Cities of Bryan, Denton, Garland and -
Greenville, Texas, approved the execution of identical Power
Sales Contracts by and between such Cities and the Texas
Municipal Power Agency, the execution thereof on behalf of
the said Agency having also been approved by the governing
body of the Agency; and
WHEREAS, the executed Power Sales ContractV were submitted
to the Attorney General of Texas (in connection witb his
examination of the proceedings relating to the "Texas Municipal
Power Agency Revenue Bonds, Series 1976" and "Texas Municipal
Power Agency Revenue Bonds, aeries 1978") and said contracts
were approved as to legality by such officer and were filed
with the Comptroller of Public Accounts of the State of
Texas under Registration Numbers 43300 and 44510; and
WHEREAS, pursuant to the Power Sales Contract with this
Cityithe Agency has given notice to this governing body of
its ntention to issue additional series of bonds in
order to provide funds with which to discharge certain costs
and expenses of the Agency in connection;raith the acquisition
or construction of certain electric facilities; and
WHEREAS, there has been submitted to this governing body a
general discription of the "System Development and Reliability
Expenditures" (all of which expenditures wh.Lch are to be
made from tale proceeds of the Texas Municipal Power Agency
Revenue Bonds) together with report showing the projected sources
(bond proceeds) and uses of funds for all aspects of the construction
and testing of the Project (where applicable) and the Resolution
approved by the Agency finds such System Development and Reliability
Expenditures are necessary for the Agency to meet its commitments
under the Power Sales Contracts and that the same are economically
feasible together with an explanation of the basis for such
finding and opinion; and
WHER£4S, a true and correct copy of the Resolution of
the Board of Directors of the Agency (being Resolution No.
) has been transmitted to this governing body is
attached hereto and made a part of this resolution for all pur-
poses, it being hereby found and determined that (1) all conditions
of the Power Sales Contract (by and between this City and
the Agency) so as to permit the issuance of the said proposed
bonds by the Board of Directors by the Agency have been met
and (2) neither this City nor the Agency is in default of
any obligation imposed upon them or either of them by the
terms and provisions of the said Power Sales Contract; therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DENTON, TEXAS:
SECTION 1: That all of the recitals contained In
the preamble Feraof are found to be true and are hereby
adopted as the findings of this governing body.
SECTION 2: That this governing body hereby approves:
the System Development and Reliability Expenditures, which are
set forth in the attached Resolution of the Board of Directors
of the Texas Municipal Power Agency, and (ii) the issuance of
bonds in the amount and in the manner provided by Section 5
of the attached resolution.
SECTION 3: The prior execution of the Power Sales
Contract (by -and between this City and -he Texas Municipal
Power Agency) on behalf of this City and the authorization,
issuance and delivery of the Texas Municipal Power Agency
Revenue Bonds, Series 1976 (pursuant to the resolution
adopted by the governing body of the said Agency on the 29th
day of September, 1976) and the Texas Municipal Power Agency
Revenue Bonds, Series 1978 (pursuant to the resolution
adopted by the governing body of the said Agency on the 3rd
day of August, 1978) are hereby in all things approved,
ratified and confirmed.
That the bonds proposed to be issued by the Agency are
to be payable from the same sources and secured in the name
manner as the Texas Municipal Power Agency Revenue Bonds,
Series 1976 and Series 1978, and it is recognized by this
governing body that, udder such circumstances, the obligation
of this City, under Section 14 of the aforesaid Power Sales
Contract, will be equally applicable to the outstanding
obliTations and the proposed obligations.
I
SECTION 4: That this resolution shall be in full
force an a ect fron, and after its adoption and it is so
resolved.
PASSED AND APPROVED, this the ~ft4day of ,
19q
slay City Or Denton, Texas
ATTES
ecretary, ity o D-enton, Texas
(Seal)
APPROVED AS TO FORM:
~ y Attorney
City of Denton, Texas
I
w:
I
~ ~ , ~
~
~ ~t
`4. <l~ ~ .
r
4
I
' 'i
y'
'
i . -
V i
( ~ ~ .
OATH OF OFFICE
lI~
I, - V ltcai-U ~zz do solemnly
swear (nr affirm) that I will faithfully execute the dvties'of the
office of of the City of Denton, Texas, and will to the best of my ability;
proserve, protect and defend the tinstitution and laws of the United
States and of this State and the Charter and Ordinances 9f this City.
Subscribed nd sti.rorn to before me the undersigned on this the 15-&
day of , A.D. 7979 To certify %-iTicF-
witness -yfian and cal of office.
Y SL'CPIP R
CITY OF DENTON, TEXAS
r -
-
t
i
r ,
.
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATI0:4 ADMINISTFATION
SOUTHWEST REGION
POST OFFICE BOX 1609
FORT WORTH, TEXAS 76101 Lease No.: DOT-FA795H-1052
Single Frequency Outlet
Land Site (SFO)
LEASE Municipal Airport
Denton, Texws
between
CITY OF DENTON, TEXAS
and
TNr Um rl:b S1 'A7 L9 OF Am F RICA
This LEASE, made and entered into this day of
in the year one thousand nine hundred and seventy-nine (1979)
by and between CITY OF DENTON, TEXAS
Office of City Manager
whose address is Municipal Building
Denton, Texas 76201
for itself, its successors, and
assigns, hereinafter called the Lessor and the UNITLI) S: ArES of kME.RICA,hMinaftcr called the Government:
WITNE59ETH: The parties hereto for the consideration hereinafter mentioned covenant and bgree as follows:
s
1. For thi term beginning Feb. 1, 1979 and ending September 30, 19 79 the Lessor hereby leases to
the Government the following described property, hereinafter called the premises, viz:
In accordance with Drawing No. SW-D-9428 dated 1-31-79, attached
hereto and made a part hereof.
FAA FORM 4423.2 Pg, 1 (9.76) Supersedes Previous Tuition
i
Lease No.: DOT-FA79SW-1052
Single Frequency Outlet
Land Site, Denton, Texas
a. T,)gether with a right-ofway for ingress !n and egress from the premises; a right-c -way or rights-of-way
for establishing and maintaining a pole line or pole !fines for extending electric power, and telecommunications
facilities to the premises; and right-of-way for subsurface power, communication and water lines to the premises;
all rights-of-way to be over the said lands and adjoining lands of the lessor, and unless herein dc~crihed by metes and
bounds, to be by routes reasonably determined to be the most convenient to the Government,
b. And the right of grading, conditioning, and installing drainare facilities, and seeding the soil of the premises,
and the removal of ail obstructions from the premises which may constitute a hindrance t., the establishment and
maintenance of air navigation and telecommunications facilities.
c. And the right to mal;^ alterations, attach fixtures, and erect additions, structures, or signs, in or upon the
premises hereby leased, which alterations, fixtures, additions, structures or signs so placed in or upon, of attached to
the said premises shall be and remain the property of the Government, and may he removed upon the date of expi-
ration or termination of this lease, or within ninety (90) days thereafter, by or on behalf of the Government, or its
grantees, or purchasers of said alterations, fixtures, additions, structures, or signs.
2. This lease may, at the option of the Government, be renewed from year to year and otherwise upon the
terms and conditions herein specified, The Governn-ent's option shall be deemed exercised and the lease reiw - - t
each year for on! (1) year unless the Governmep' gives the Lessor thhty (30) days written notice (hat it will not
exercise its option before this lease or any renew al thereof expires; PROMED, that no renewal thereof shall extend
the period of occupancy of the premisesbeyondthe 30 day of September 19 99 ;AMf?PfJPfP19V1J?TVfP1
triy~fRV~"f 1Y4~1P~1'1'1~p1~1"~Wr'J~'Ig4~9~hf1 g4~lllePll~t 1p~0~7Y~1 3. The Government shall pay the Lessor r~)t l ~t~tr~lyer~ ~~r~f~'1 ~~fl no monetary con-
sidaration in the form of rental, It being mutually agreed that the rights
extended to the Government herein are in consideration of the obligation
esumed by the Goverrunent in its establishment, operation, and maintenance! of
s+9ff1`f71e1f9`lprrr,ti~grtgv~f~ the facilities upon the premises hereby leased.
~°r~r~1`fP99'~lY"f19~`~~Il~l SYY`I~Tl7'l~~l ~1~1 ~l".~'r~Pl~l~Pl~f/~t9~ r►'Yl f 1fly1) t'191Y~ Fjf1
99Yt flyh`PJ~979/!'19'l~!<'!1'9y~'f>S!
4. The Government may terminate this lease, in whole or In part, al any time by giving at least thirty (30)
days notice In writing to the Lessor, and no rental shall accrue after the effective date of termination. Sa d mice
shall be sent by certified or registered mail.
A no rn,P,mmPnt cho11 swrnnglnr p eootclnn of .ha nr..mirpf yLpynth, Ay(p„ or t3plrati.,n r.r tnrminnti
this lease, If the Lessor by written notice a, least days before the orfe nation
requests restoratlon of the premises, the Government it in ninety (90) days after such expe'ation
or termination, or within me as may be mutually agreed upon, either (1) restore the premises to
ss. 119,11'
FAA FORM 4423.2 Pg. 2 (8.76) Supersedes Previous Edition
.s
i
I Lease No.: DOT-FA79SW-1052
f Single Frequency Outlet
Land Site, Dentons Texas
this lease nr_ anv_ nrerrrtinv lease frhangec to the premises in arrnrdanu with na..swpfl I fa] 1 fI .,n,r 1 f-1 ~1...s
ordlnary wear and tear, damage by nature elements and by circumstances over which a F,ene1'llm nt has no
control, excepted) or (2) make an equitable adjustment in the lease a e cost of such restoration of the
preen ses or the diminution of the value of the premise a ,whichever is Iess. Should a mutua;ly acceptable
settlement be made hereunder, the enter into a supplemental agreement hereto effecting such agreement.
Failure to a ree t equitable adjustment shall be a dispute concerning a question of fact within the meaning
sE otahialaaw
Fyrp t a[ nthpf,mC ; rnytd P.t In this r egg- ny dispuleT0 a g-,Pct.an cif fart aH[, fhp
Lease which is not disposed of by agreement shall be decided'
ecided by the Contracting Officer who sha cc his
decision to writing and mail or otherwise (urnsh a copy thereof to the Lessor. 'The deci ' t e Contracting
Officer shall be final and conclusive unless within 30 days from the date of recel uch copy, the Lessor mails
or otherwise furnishes to the Contracting Officer a written appeal sed to the Secretary, Department of
Transportation. The decision of the Secretary or his duly a ed representative for the determination of such
appeals shall be final and conclusive unless determi a court of crmpetentjurisdiction to have been fraudulent,
or capricious, or at'Jitrary; or so gross ous as necessarily to imply bad faith, or not supported by substantial
evidence. In conn:ction wit ppeal proceeding under this clause, the Lessor shall be afforded an opportunity
to be heard and to vidence in support of its appeal. Pending final decision of a dispute hereunder, the Lessor
shall pro igently with the performanr. of the Lease and in accordance ±vith the Contracting Officer's
-AM
d,
(b) Th3a rtan^G ticket not rtrhtde wasirlernlinn fR law inestinna in inn
in par,tgraph (a) above; PROVIDED, That nothing ma rng real the decision of any
aduainl ~ f
7. No Member of Congress or Resident Commissioner shall be admitted to any share or part of this lease,
or to any benefit to arise therefrom.
8. The Lessor warrants that no person or selling agency has been employed or retained to solicit or secure this
lease upon an agreement or understanding for a commission, brokerage, percentage or contingent fee, except bona
fide employees or bona fide established commercial or selling agencies maintained by the Lessor for the purpose of
securing business. For breach or violation of this warranty, the Government shall have the right to annul this
lease without liability, or In its discretion to deduct from amounts otherwise due under this lease or other considera-
tion, the full amount of such commission, brokerage, percentage, or contingent fee,
9. All notices sent to the parties under the lease shall be addressed as follows:
To the Lessor: City of Denton, Office of City Managers
Municipal Bldg.. Denton, Texas, 76201
To theGovernmcni: Federal Aviation Administrations F. 0. Box 1689s
Fort Worth, Texans 76101
FAA FORM 4423.2 Pg. 3 (8.76) Supersedes Previous Edition
e
Lease No.: DOT-FA79EW-1052
Single Frequency Outlet
Land Site, renton, Texas
10. This lease is subject to the addition provisions set forth below, or attached hereto and incorporated herein.
These addiii,mal provisions are identified as follows:
Articles 11, 12, and 13 follow the signatory page.
IN WITNE75 WHEAEOF,the parties hereto have hereunto su"cribed their names as of the date first above
written.
As the holder of a mortgage, dated CITY OF DENTON, TEXAS
recorded in Libor -
_ . a_ a_ . . . (Les;or)
. pages C
against the above-described premises, the undersigned Tltiet .Ctl. .._ML!O.P , (Lessor)
hereby consents to the foregoing lease and agrees 1J f
that, if while the lease is in force the mortgage is (Lessor)
foreclosed, the foreclosure shall not void the lease.
(Lessor)
_ (Lessor)
(Mortgagee)
THE UNITED STATE! of AMI.PICA
By ......,•~..r~c~
IE M. RING
Title ;.....Cootx4aU4-.0ULc4r
FAA FORM 4423.2 PS, 4 (8.76) Superseder Previous Fdi lion
' Lease No, DOT-PA79SW-1052
Single Frequency Outlet Land Site
Denton, Texas
11, FUNDING RES?0NSiBILI1Y CLASS I - 21 FACILITIES
The airport owner agrees that any relocation, replacement, or
modification of any Federal Aviation Administration Class I or II
facility, or components thereof, as defined below, covered by this
contract during its term or any renewal thereof made necessary by
airport improvements or changes which impair or interrupt the tech-
nical and/or operational characteristics of the facilities will be
at the expense of the airport owner; except, when such improvements
or changes are made at the specific request of tha Government. In
the event such relocations, replacements, or modifications are
necessitated due to causes not attributable to either the airport
owner or the Cover-en'- funding responsibility shall be determined
by the Covernment.
CLASS 1 FACILITIES
Remote TransmLtter/Receiver (Tower) Visual Landing Aids
Airport Traffic Control Tower Direction Finding Equipment
Airport Surveillence Radar VOR, TV08, f, VORTAC
Airport Surface Detection Equipment (Instrument Approach)
Precision Approach Radar Weather Observing 4 pleasuring Equip.
ILS and Components (Owned & operated by FAA)
ALS and Components Central Standby Power Plant
CLASS IT FACILITIES
Long Range Radar VOR and VORTAC (en route only)
Air Route Traffic Control Centers Flight Service Station
Remote Control 4ir-Ground Remote Communications Outlet
Communication Facility Limited Remote Communications Outlet
other en route facilities
12, ILON-ic88TORATIOM
It is hereby agreed between the parties that upon the termination of
its occupancy the Government shall have no obligation to restore and/or
rehabilttite, either wholly or partially, the property which is the subject
matter o: this lease other than to orderly remove its equipment tt3rafrom,
It is fur0er agreed that the Government may abandon in place any one all
of the strictures and equipment installed in or located upon said property.
Notice o~ abandonment will be conveyed to the Lessor in writing,
y r
Lease No. DOT-FA19SW-1032
Single Frequency Outlet Land
Site, Denton, Texas
13, ADDITIONS MD DELETIONS:
In the preamble the words "heir,, executors, administrators," Were
deleted. In Article 2 the portion beginning "AND PROVIDED FURTHER" and
ending "of rentals." is deleted. In Article 3 the portions "in the amount
of", "for the term set forth in Article 1 above, and" and beginning "per
for" and ending "or vouchers." were eeleted. Articles S, 6(a) and
6(b) are deleted. Articles 11, 12, and 13 were added hereto and made a
part hereof prior to the signature of either party to this lease.
CORPORATE CERTIFICATE
.
certify that I am the ~f-~~_
Secretavy of the Corporation named in the foregoing lease; that
CT c1R /~~t'~ a„ , who signed said lease on behalf of said corporation,
was then thereof; that said lease vet duly signed for
and in behalf of said corporation by authority of its governing body, and is
within the scope of its corporate powers.
Dated this day of 19 7,5C?
CORPORATE SEAL Signed by:
0
CONTRACT AGREEMENT
STATE OF TEXAS Q
COUNTY OF DENTON y
THIS AGREEMENT, made and entered into this day of
A.D., 19_, by and between THE CITY OF DENTON, 215 E. PicKINNEY ST.
DENTON, TEXAS
of the County of DENTON and the State of Texas, acting through John
J. 11ARSHALL, C.P.M., PURCHASING AGENT thereunto duly authorized so to do,
Party of the First Part, hereinafter termed the OWNER, and Clyde W.
MOHAIR dba/BIG MO'S JANITORIAL SERVICE, 505 SIMMONS S'iREET,
DENTON, TEXAS 76201
of the City of DENTON County of DENTON
and State of TEXAS Party of the Second Part, hereinafter
termed CONTRACTOR.
WITNESSETH:' That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by the Party of
the First Part (OWNER), and under the conditions expressed in the bonds
bearing even date herewith, the said Party of the Second Part (CONTRACTOR)
hereby agrees with the said Party of the first Part (OWNER) to
PERFORM THE JANITORIAL SERVICES AS PER BID PROPOSAL #8610 AN,1 AS SCHEDULED
BY THE DAY, WEEK, MONTH, ETC., AS STATED IN THE BID PROPOSAL AND AS ACCEPTED
BY THE CITY COUNCIL OF DENTON, TEXAS ON NOVEMBER 1, 1978
and all work in connection therewith, under the terms as stated in the
General Conditions of the Agreement; and at his (or their) own proper
cost and expense to furnish all materials, supplies, machinery, equip-
ment, tools, ,uperinterdence, labor, insurance, and other accessories and
services necessary to complete the contract, in accordance with the con-
ditions and prices stated in the Proposal attached hereto, and in
accordance with all tho General Conditions of the Agreement, the Special
Conditions, the Notice to Bidders, Instructions to Bidders, and the Per-
formance Bond, all attached hereto, and in accordance with the drawings
and printed or written explanatory matter therefore, and the SpPCificZtlons
e A
tnerefore, as prepared by THE CITY OF DENTON, PURCHASING DEPARTMENT, all
of which are made a part hereof and collectively ev'dence and constitute
the entire contract.
The CONTRACTOR hereby agrees to commence work on the date estab-
lished for the start of work as set forth in a written notice to conmence
work and to substantially complete all work before OCTOBER 1, 1979 as
stated in the Proposal, subject to such extensions of time as are provided
by the General and Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the price
or prices shown in the Proposal, which forms a part of theis Contract, such
payments to be subject to the General and Special Conditions of the Contract.
IN WITHNESS WHEREOF, the parties to these presents have executed
this agreement in the year and da;' first above written.
ATTEST:
j►><VV.~?,~ CITY OF DENTON, TEXAS
Pa ty f Th rst Part, OWNER
ah Marshall, C.P.M.
PURCHASING A3tdT
ATTt T:
c /
T ` rl (Y t(n~5 Jen/,7iye ( ✓rCF
Party o the econd Part, T ~~6R
~~.-ri,~tiu~ . i-~r~-~~~.c,,,_ 3y ~ ~ ~~G~ . ~~(C~C Sri.-✓
T tle Btvxc.✓
® 0
INSURANC2 '
CITY OF DE14TON
INSURANCE MIT D04 REI UIff:CN'PS
Without limiting Sny of the other obligations or liabilities of the Contractor,
the Contractor shall provide and maintain until the work is completed and accepted
by the City of Denton, Neer, minimian insurance coverage as follows:
WPF. OF CUM- -AGE LIMITS OF LIABILITY
1. WORKI Tf 'Z' S 001,IFFNSATION STATUPORY
II. COd[PREENSIVF OEVERAL LIABILITY
Br-dily Injury $100,000 $300,000
Each person Each person
Property Dwrage $ 50,000 $100,000
Each accident aggregate
III. COMPREHENSIVE AUIMOBIIE LIABILITY
Bodily Injury $100,000 $300,000
Each person Each person
Property Damage $100,000
Each accident
A. In addition to the insurance described above, the Contractor shall obtain at
his expense an OWNER'S PROTECTIVE. LIABILITY INSURANCE: POLICY naming the City
of Denton as insured with the following limits:
Bodily Injury: Property Damage:
$ 50,000 each accider.+.
$100,000 each person $100,000 aggregate
$:',00,000 each accident
Covering the work to be performed by tt,e Contractor for the City of Denton.
B. The Contractor will furnish the,Omer's Protective Policy descriCity bed o above
and °xecute the Certificate described on the following page
Denton for its npproval. Insurance mast be accepted before cornneneing any work
under the contract to wliicl~ this insurance applies.
PURCIfASING DEPARTMENT
LrtyofDenton klD INVITATION
215 fsst McKinney St.
Denton,Te.a, 7,6701 CITY OF DENTON, TEXAS
Date Octobe:• 10, 1978 Req. No.
BID NUMBER 8610
JANITORAL SERVICE '
Sealed bid proposals will be received until 2:00 p.m.
Big Mo's Janitoral Service October 23, 1978 at the office of the
5%5 Simmons Purchasing Agent, Municipal Blgd., Denton, Texas 76201.
Denton, Texas 16201
Attn:'Clyde Mohair
For additional infor nation contact / John Ma -shall
Ph. 817/382.9601 Ex. 285 or U/FW Metro 817/267.0042.
JOHN J. MARSHALL, CPO.
Purchasing Agent
INSTRUCTIONS TO BIDDERS
1. Se:ded bid proposals must to received in duplicate, on this form, prior •o opening date and time to be considered. Late
proposals will be returned unopened.
2. Bids shall be plainly marked as to the bid number, name of the bid, and bid opening date 6n the outside of completely
sealed envelope, and addressed to the Purchasing Department, City of Denton, 215 E. McKinney St., Denton, TX. 76201.
3. Any submitted article deviating from the specifications must have full descriptive data accompanying same, or it will not
be considered.
4. Ali materials are to be quoted FOB Denton, Texas, delivered to the floor of the warehouse, or as indicated.
'o. The City of Denton, Texas reserves the right to accept separate items in a bid unless this right is denied by the bidder.
1
6. In ca-.e of default after bid acceptance, the City of Denton, Texas may at its option hold the accepted bidder or con-
tractor liable for any and all resultant increased costs as penalty for such default.
7, The Gty of Denton reserves the right to reject any and all bids, to waive all informatities, and require that submitted
bid: remain in force for a sixty (60) day period after opening or until award is made; whichever comes first.
8. The quantities shown are approximate and may vary according to the requirements of the City of Denton throughout
the contract period.
9. The items are to be f4ired each net. (Packaging or shipping quantities will be considered.)
10. The Purt, wing Department assurrsesrespons;bility for the correctness and clarity of this bid, and all inlormalion and/or
questions pertaining to this bid shall be directed to the City of Demon Purchasing Agent.
11. Any attempt to negotiate or give information on the contents of this bid with the City of Denton or its representatives
Prior to award shall be grounds fnr disqualifications.
12. The conditions and terms of this bid will be considered when evaluating for award.
13. The City of Denton Is exempt from all tales and excise taxes.
i~
BID NUMBER 6610 big 1 D PROPOSALS Page 2 of 3
lit Y, STUCK NUMBER DESCRIPTION OUAN. PRICE AMOUNT
a
1. Complete Janitoral Service
A. Civic Center Building / ¢ O CO
B. Denia Recreation Center
C. North Lakes Recreation Center 1~
2. Initial Service & Prepartion
/ ~SUC~,ot
A. Denia Recreation Center ? SUrOCI
B. North Lakes Recreation Center
/p
co 'I)
~v
BENIA AND NORTH LAKES RECREATION CENTERS
Clean five (5) days a week:
Two bath/rest rooms
Control room
Drink & Snack room
Two storage rooms
Pool Room
Kitchenette
Doors
Mop Gym floors
Strip clean & apply finish to Gym floors twice a year.
Equipment and materials for this item furnished by the
City of Denton.
TOTALS Sri )
Wq quote the above f.o.b. Denton, Texas. Shipment can be made in days from receipt of order. TermsS
63' . kz' ~~net if not otherwise indicated.
In submitting the above bid, the vendor agrees that acceptance of any or all bid items by the City of Denton, Texas within a
reasonable period of time constitues a contract. t /
Date `g Bidder b/4 't ~lJ S .JA.vI 1!2ti11 F2✓/C!
l
Titre Signature
r
BID NUMBER 8610 OSPECIFICATIONS Page 3 of
3
Purchasing Department
City of Denton, Texas
JPNITORAL SERVICE
This service is to be preformed as deamed necessary according to
activities some daily, twice weekly, weekly, etc.
The contractor is to provide his own equipment and supplies, except
in the case of specific special equipment and/or supplies.
The successful contractor is to be bonded and insured.
The janitoral service contractor will also execute a contract with
the City of Denton within 15 days after award of the bid and prcvidi
a'preformance bond for the specified period of time not to exceed
one year.
The contracbrr must contract Nancy Boen, I'leceation Department at
the City of Denton Civic Center Building to inspect the facilities.
a
i
I
® -
r
~ o
~
~f--
E,.
`1 f C
" c~ `i~
t ~
f
f Y
~\j(~ J [vJ~
[F ~ f\la'
yi
r+
r
~ ~
~ .
NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DENTON,
TEXAS, BY AMENDING SECTION 17-11.1 BY PROVIDING AN EXCEPTION TO THE
DENTON PLUMBING CODE FOR TEMPORARY GAS SERVICE, AND AMENDING SECTION
17-22 OF THE DENTON PLUMBING CODE BY PROVIDING A FEE FOR THE TEMPO-
RARY GAS SERVICE; PROVIDING A SEVERA51LITY CLAUSE; AND DECLARING AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON# TEXAS, HEREBY ORDAINS:
PART I.
(A) That Section 17-11,1 "Amendments to Plumbing Code" of
Chapter 17 "Denton Plumbing Code" is hereby amended tc add a new
Section (13) which will hereafter read as follows:
(13) Article V, Chapter 12, Section 1210 "Temporary Use of
Gas".
Where temporary use of gas is desired and the Administrative
Authority deems the use necessary, a permit may be issued for such
use for a period of not to exceed sixty (60) days, provided that
such gas piping system otherwise conforms .•to the requirements of
this code regarding material, sizing and safety."
(B) That Section 17-22 "Fees (Cost of Permit)" of Chapter 17
"Denton Plumbing Code" is hereby Pmended by adding the following
item to PLUMBING PERMIT FEE SCHEDULE:
,Temporary Gas Service $10.00".
PART II.
That if any section, subsection, paragraph, 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 riot 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 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 13th day of February, A. D. 1979.
JOE MITCI L, MAYOR
CITY OF NTON, TEXAS Y
ATTEST:
9~e
.O'S HOLT, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL ORM:
CITY ATTORNEY
CITY OF DENTON, TEXAS
?i - ~
I
i
~oQ
r1
-ip
J
r ~
y~
c ~3
THE STATE OF TEXAS X
CONTRACT
COUNTY OF DENTON X
This Agreement, made and entered into this 6 day of
February,1979, by and between the City of Denton, Texas, a
Municipal Corporation hereinafter referred to as "City", and
I
North Texas State University, hereinafter referred to as "NTSU".
WITNESSETH:
Whereas, NTSU is desirous of using Roberts Field in Mack Park,
a City of Denton public park for the purpose of playing baseball
games by their baseball team, and also using the field for practices;
and
Whereas, the City is willing to grant such privilege and right
to NTSU upon the terms and conditions hereinafter stated to be kept
and performed.
NOW, THEREFORE, in consideration of the mutual covenants and
agreements hereinafter stated to be kept and performed by and between
the parties hereto , it is hereby agreed by and between the parties
as follows: a
1. City hereby grants unto NTSU the right and privilege of
using Roberts Field in Mack Park, a public park within the City of
Denton, for the use of their baseball team for the purposes of
practicing baseball and playing baseball games, commencing on the
5th day of February, 1979 and terminating on the 1st day of May, 1979.
2. That NTSU will pay the sum of $20.00 per home game date as
shown on the attached Exhibit "A". Presently , there are 15 home dates,
but games may be added or deleted during the course of the season.
3. In addition, NTSU may use Roberts Field between the hours of
2:30 and 4:00 p.m., Monday througn Friday, on those days they are not
scheduled to play a baseball game, either home or away.
4. City agrees to de the dragging, mowing, watering and dirt
work on Roberts Field anc furnish a dry line marker. NTSU will do
the raking and lining of the field before each game and will water
the mound and home plate area after each practice and game.
5. It is agreed that NTSU will, at their expense, provide
distance markers on the outfield fence and that these markers will
remain permantely at the field.
6. NTSU will be responsible for -roved control, conduct of the
teams, and will turn off the lights after each game, and NTSU agrees
to save and keep the City safe and harmless of and from all demands,
claims, actions of causes or action, losses, damages, and attorney's
fees arising from or growing out of any accident, injury, debt or
damage occasioned or caused by the conducting of baseball games or
practices.
7. NTSU will bus the playing field and the immediate areas
(dugouts, bullpens, bleachers) of all trash and debris left after the
game. This does not pertain to practice sessions.
8. In case of inclement weather, the City will make the incision
regarding the playability of the field as early as possible on the day
of the game. All rescheduling of rain outs must ba approved by the
City.
9. Neccessary heavy maintenance time by the City will take
priority over NTSU practice time. All daily maintenance will be
completed by the City before 2:30pm; Mondays through Fridays.
10. NTSU promises and agrees to carry on their operations regard-
ing the use of Robert's Field in accordance with the laws of the
United States and the State of Texas and all rules, regulations and
ordinances now in force and effect or hereinafter promulgated or en-
acted by the Council of the City of Denton, Texas.
IN WITNESS WHEREOF, the pa±ties have hereunto set their hands
on the day and year first above written.
NOPTH TEXAS STATE UNIVERSITY
BY: 4 7~ LfLf~fN ' Y
CITY OF D ON
'I
BY:
-2-
EXHIBIT A
FEBRUARY 23 MOUNTAINVIEW 1:00 P.M.
FEBRUARY 27 RICHLAND 1:00 P.M.
MARCH 8 SOUTHWESTERN 1:00 P.M.
MARCH 10 EASTFIELD 1:00 P.M.
MARCH 15 WILLIAM PENN 1:00 P.M.
MARCH 16 WILLIAM PENN 1:00 P.M.
MARCH 20 NORTHLAKE 5:00 P.M.
i MARCH 21 BROOKHAVEN 5:00 P.M.
MARCH 22 U. OF TEXAS AT DALLAS 5:00 P.M.
MARCH 24 RICHLAND 1:00 P.M.
MARCH 26 BAPTIST CHRISTIAN 5:00 P.M.
MARCH 29 CEDAR VALLEY 5:00 P.M.
MF.RC:{ 31 BISHOP 1:00 P.M.
APRIL 2 DALLAS BAPTIST 5:00 P.M.
APRIL 5 U. OF TEXAS AT DALLAS 5:00 P.M.
-
~
~ ~l ~ ~ 9~
O
~
f _ € ~
i
i ~ ~ I
~ c ~ j_
fi " j~
~ ~ ;z
~ ~
p
r,
y,~
Y ~~F~~ e ,
OATH OF OFFICE
I, `KENNETH KEESE , do solemnly
swear (or affirm) that I will faithfully execute the duties of the
office of Benton Electrical Code Board _
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 in this the
day of February , A. D. 19 79. To certify Wi ch
mess my an and seal of office.
• I SECRETARY
CITY OF DENTON, TEXAS
. y~1~ n
s ~ r i--
rfl CC
C ~
CT=
Z
F
C~
STATE OF TEXAS X
RELEASE
COUNTY OF DENTON X
•
WHEREAS, John L. Dawson end Hubert Driggs developed the
Silver Leaves Nursing Home on Loop 288 and paid for the ex-
tension of an eight (8") inch water line, and
WHEREAS, the State of °rexas has tied on to this line for
the purpose of providing :rater to the Department of Public
Safety Building and hav paid a pro-rata share for the extension
of the water line; and John L. Dawson and Hubert Driggs are en-
titled to receive reimbursement for the pro-rata payment pursuant
to Section 25-76 of the City of Denton Code of ordinances;
NOW THEREFORE, in consideration of the payment of $2,200 by
the City of Denton to John L. Dawson and Hubert Driggs; the said
Dawson and Driggs does hereby release the City of any liability
for payment of the pro-rata share of the extension of the water
line by the State of Texas, and Dawson and Driggs agree to save
and keep the City of Denton safe and harmless of and from all
demands, claims, actions or causes of action and attorney's fees
arising from or growing out of th?.s payment.
Signed this,/-L-day of February, 19}7~3~
06H'JN L/._ DA/ SON r
~ 044+-~w_ G.
HUBERT DRIGCS
0
f
~.e
~ ~ q~
s O
2
`f* ~
I
Q ~
r
l
-
I
I 1-31-79 F M 1515 Rood Data Adn;tod From Shimer, Jacobs 8 JKF {
~Finklea Engs Dwg. Pro}ect 77-136, Sheet No 3A of 5
t}ated Aogusl 1977 `
I .
~ D EPAhA1f-: N? OI-Tftl;f~aSf~C~f2TA7!~~~!V 1
\ I
\ ~ i'I~.iiCRil~ ~+'.!111~ON i"''i'M'rJ{`11fiA?sUtl I
}
SFO
SITE LAYOUT
TEXAS3 1
U_ENTON (Municipo! Airport
/ Yl rf •1. 1 , I
r' I
CHIEF OF- SECTION ASW 441 CHIEF OF BRANCH ASW 440
4
1. i
M J I-31-79
. '
'a,.%
1 JwF A1k~NAr snr,lu~IF.;
11 ,IV ;10" SW-6-;3428
w
75
n
f ~f1
f +
t t
f
I
f1
r
~I T`t
wrr - - _ ~
THE STATE OF TEXAS ~
KNOW ALL MEN BY THESE PRESEjITS :
COUNTY OF DENTON ~
WHEREAS, Golden Triangle Communications has been awarded
a cable television franchise for the City of Denton, Texas; and
WHEREAS, City of Denton Ordinance No. 78-21, Section 27-43
requires Golden Triangle Communications to deposit $30,000 in
monies or securities, as security for the faithful performance
by ~!.t of all the provisions of the franchise ordinance; and
WHEREAS, Golden Triangle Communications, Party of the First
Part, has deposited with the First State Bank of Denton, Texaa;
Party of the Second Part; the sum of $30,000 to serve as the
security fund.
NOW, THEREFORE, Party of the First Part agrees that said
sum will be held on account with the Party of the Second Part
for the use and benefit of the City of Denton +tnder the follow-
ing conditions:
1. If Golden Triangle Communications fails to pay to the
City o.° Denton any compensation due the City within a time period
fixed by City of Denton Ordinance No, 78-21; or, fails, alter ten
(10) days notice to repay to the City any taxes due mud unpaid;
or, fails to repay to the City, within ten (10) days, any damages,
costs, or expenses which the City shall be compelled to pay by
reason of any act or default of the Compnnv in connection with the
cable television,, or, fails, after three (3) days notice of such
failure by the City Manager, to comply with any provision of the
franchise ordinance which the City Manager reasonably determines
can be remedied by an expenditure of the security; the Director
of Finance will notify in writing the Party of the Second Part of
the monies due the City of Denton, with interest and any penalties
accrued thereon, and the Party of the Second Part. will immediately
pay such sum to the City of Denton.
2. Party of the Second Part will give written notice to the
Party of the First Part that en amount has been paid to the City
of-Dentnn from this fund, and within ten (10) days after notice to
I
it, Party of the First Part shall deposit with Party of the Second
Part a sum of money or securities sufficient to restore such
security fund to the original amount of $30,000.
3. The fund deposited pursuant to this agreement shall be-
come the property of the City in the event that the cable television
franchise is cancelled by reason of the default of Golden Triangle
Communications. Golden `Triangle Communications, however, shall be
entitled to the return of such fund, or portion thereof, as remains
on deposit at the expiration of the term of the franchise, provided
the City has not notified Party of the Second Part of any outstand-
ing default.
4. Party of the First Part will be entitled to any :interest
which may accrue on the fund provided that the fund W anc:e is
$30,000 at the time that the interest is payable.
5. It is agreed that this deposit agreement is made for the
convenience of ine Party of the First Part, that the City of Denton
could require such fund to be deposited with it, and Party Of ;,he
Second Part will not withhold funds to the City of Denton wlen re-
quested to pay same to the City of Denton by its Director of
Finance. Both Party of the First Part and City of Denton shall
hold Party of the Second Part harmless for paying any funds to the
City of Denton pursuant to this agreement and City of Denton Ordin-
ance No. 78-21.
WITNESS our hands this the /2e' day of February, A. D. 1979.
GOLDEN T GL C0}.IMUN CATIONS
BY
ROY T J
FIRST ST1,'E DANK OF DENTON
i7 ✓
fi Y ~ .
g0M};R DLY, 2RESIDF.NT
ACCEPTED:
CITY OF DENTON, TEXAS J
BY:
'+~ILLIAh{ aICNARY
DIRECTOR OF FINANCE
I -2-
A
'V~ ~ ~ ~u
7
;
}
r,
I C, p
~ '
r ,
R I D E R
To be attached to and form a part of BOND N 1f7645
THEREAS, on or about the tat day of February 19 79 , the
T,'iNITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC. as Surety,
I
executed Dui Wing Contractor Bond number 187645 ,
on behalf of JACK H. DYER dba METRO METAL BUILDING
as rrincipal, in favor of i CITY OF DENTON, TEXAS ,
as Obligee, in the amount of ONE THOUSAND AND N01100 ($1,000.00).---------- Dollars.
IT IS HEREBY AGREED and understood that effective the 1 at day of
February , 19 79 , the Bond is amended as follows:
THE PRINCIPAL'S NAME IS CORRECTED TO READ METRO METAL BUILDINGS, INC.
PROVIDED, however, that the liability of the Surety under the attached Bond
and under the attached Bond as changed by thir, rider shall not be cumulative. All
other terms and conditions of the Bond shall remain the same.
r27VC. TRINITY UNIVERSAL INS. CO. OF, KANSAS,-INC.
AWRO METAL BUILDINGS
PRINCIPAL ! SURETY
BsBS ~..1.
TITLE Velnu Cozart, ATTORNEY-IN-FACT
a!y!
ACCEPTED:
-.IT y-M TE.YAS _ ~ ~
B1+t 404*4 A%9000--* OBL,uZE
TITLE
INSTRUCTIONSs The Principal shoulL sign the original and one copy and forward both
co the Obligee. The Obligee should sign both, retain the original
to be attached to the original Bond, and return the signed copy to
the Surety.
S 3725
L
i
TheTrinity
v Companies
D iJllj,, TL4J$ ]b.'QJ
POWER OF ATTORNEY
Tint TR;PlII Y' C'.IJ I,'_ 2 TP,I. 11,-'1-"'o. I';,'J v d `r, i.'a'1'r' tJAIIC:I: AL. R J-d 4PJ i~E -OVPANY
„
each o i_ or; .r>r,=i . ,il r~'dl v'E1 y' .f., ,;Y 01 h: A'J',AS, IN: a
Kansas i-. crpc r~•iu ~ d: F cr,'. c '
Velma Cozart - Dallas, Texas
rts rrce en d ar,f,,' ,.,r~.'- I_,r AEI II i , i,., elf fl f. .
i'y n-d s, rery tends
or i,, pert:,,,^as art d r ::f it :r I_.,.,.r i s.rI f 't'i Eu , "5c, nrdta
bi^_d the re ;f o-ct'r:c c. , , . ry.
IN WITNESS 4HEREGF, TRINITY UfJIVEf,SAL INSURANCE Cd„f'Afd Y, SECURITY NATIONAL IN-
SURANCE (CYPANY and TRI'417'Y I_I"JI,ERS,"'.L !ldSFhAP:CE CO':P,"~N~ OF KA^bAS, "J?_., have each
executed and attested these presenrs
Inth 76
UOY F--OAN, A!!T. lEC RET<RV A
T LE9, F~Eli ENT
AUTHORITY FOR POWER OF ATTORNEY 11
That TRINITY UNIVERSAL INSURANCE r_Q;'PANY ant SECURITY NATIONAL>JSURA."JCE COf,'PAN Y,
each o Texas Corparar,on and TPlr:l7Y JPJI4'ERSAL RJSURANCE no,.,PAIJY GF KA'JSAS, INf., a Kansas
Corporation, in p'ursunnce of o~. ih.v,ry ;rowed by ,hot certuir. re sal L,rion ndopteJ by their respech Ye &wrd of
Directors on the 1st do, r:f htorc h, 19'6 and of th-- follcwi,j is c true, i and camel etc coey:
'RESOLVED, That the Presrd•-n t, an, Vi __Pre4,d,.'1[, -y Secretor, of each of these Comttanies be and
they are hereby a, I horizeI inJ e1 ;nA-1.1 iei m,i4, v- _ , j-,.I dnli.cr i- }nh,;lf of rhe;e Companies
unto such person or parsons ravidV w itii lr, t e Un d $ 1',: , '.f "c-ir riL1, a; ter; nay select, rt! Power
of Attorney eon st, to tng and rf ,mtlr.<i cr- h fers., rn its At t, rrrv,• I n• Eric to with f„II power onJ auther•
irv to me4e, execute one de'l,v,,r, for it, in It: no-e ",,d in its Lv' af, as ,sort y, o..y particulor Iond s.
undertaking that may be regslred in the S;:ecr',n+ t,,rrl,r rr,, i.r !or s.ch I,miiAi,rs and reStrictlons, both
as to neture of such bonds nr ,dcrl, 'n: Imo j-J e: Hr is of Ii,it ol11, to fe ur =,r,aLen by these Companies,
as said Offio:rs or if deem oroCer, the nj%re of S.ich bcr de cr ,stn derlaF i-+;s old tf,r limits of I n1 to
which such Powers of Att,rreY 12, Ee restricted, rn be in ear.h instance Sfecified in such Pcwor of
Attorney.
RESOLVED, That on), aid all Attorneys in-Pact and 01 of the CDmpanles, I~cludln7 Assistonr Secre-
raries, whether or ro- the Secretory is nbsent, be ant are hereby thowzed and er,powered to terrify or
verily copies of the J,y-Lows Of ,i _se Cernfor.Ves as Yrcll as an, ress;,jiicn of the Girectors, having to do
wlr', the execution of bonds, recognizarct% cer'r tents of In.1,,,,ity, and all c,i„r writings cHigntr,ry in the
NYure thereof, ar w01, reanrd ID tiro fn-wern !f qn., ,.I rffl,.,.r5 r f the t. r r: mf,anIBS f,r nr Allarnny
F oc r,
RESOLVED, ,hot the signctvi f in/ of tt e porsc,s dessriboA In tl,n inrL;sl° i resolur an rnoy be f,,c-
simile sign,orures as fixed Le rxprodoced ky o1 y fool ,.f ryylm;, f,,,,,Ir t, Ifevrinl or 'rF._.r lei: roduU ion of
the names of the persons heremab D:e a,tho,~ted,"
CERTIFICATION OF POME4 ATTORNEY
I, Judy Fa9on, Asst. Secretart of TRINITY UNIVERSAL INSURANCE COMPANY, SECURITY NATIONAL
INSURAO',CE COMPANY and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC, do loer►by
certify that th.,• foregoing Rescluiien of the BcvJs of Directors of these Corporations, and ,he Power
Attartey Issued purtuent thereto, are true and correct and are still In full force and effect.
IN WITNESS WHEREOF, I hove fereuntn set my f and onJ of io'd the facsimile seol ,I ctrh Corporation
1 at
_dty "f_19
OEA i SEAL?r 1U Y FAG•N, Astor, SECRETARY
p ace
EASEMENT
THE STATE OF TEXAS DEED RECORD'S
KNOW ALL MEN BY THESE PRESENTL,
COUNTY OF DENTON A885
WHEREAS, the City of Denton, Texas (''Denton") and thQ Texas
Municipal Power Agency ("TMPA") entered 'a Power Sales Contract
dated September 1, 1976, granting TMPA access over property of
Denton for TbiPA Oystem and Project purposes; and
WHEREAS, TMPA, for purposes of its System, contemplates in-
stalling a 138/69 1:V auto transformer and related facility ("trans-
former") at the,Denton Stea.1 Plant Substation which real property
is owned by Denton; and
WHEREAS, Denton and TMPA desire to give notice to third parties
that TMPA i,3 tLe owner of said transfo: mer ;
NOW, THEREFORE, for good and valuable consideration, Denton
hereby confirms and.agre,es, and notice is hereby given by Denton,
as follows:
1. TMP: shall have access to and may install, maintain and.
operate saiu transformer on the real property described in Exhibit
"A" known as the Denton Steam Plant Substation for so long as the
aforementioned Power Saes Contract remains in force.
2. Denton hereby waives the law of fixtures so that TK?A's
said transformer shall not become the property of Penton by reason
of the same being situated on or attached to real property of Denton
or in which Denton has an interest.
3. Denton has agreed and hereby confirms that TMPA retains
the ownership of said transformer, ine'.uding the right to remove
.the same.
EXECUTED this the 6th day of February, A. D. 1979.
y CITY OF DENTON, TEXAS
MITCH L , bf YOR
`
ATTrST.'a' ,
K. OLT, CITY SECRETARY
THE STATE OF TEXAS
COUNTY OF DENTON
BEFORE ME, they undersigned authority, in and for said County,
Texas, on this day personally appeared JOE MITCHELL, Mayor of the
City of Denton, Texas, known to me to be the person and officer whose
name is subscribed to the foregoing, instrument and acknowledged to me
that tho same was the act of the City Council of the City of Denton,
73xas, a Municipal Corporation, and that he exocuted the same as the
official act of said Council for the purposes and consideration there-
in expros:,d,,and in the capacity toerein stated.
v#v 1~I~i £R ISY HAND AND SEAL OF OFFICE, This the 6 h day of
Febry ~j+,•A';' 11079.
r'1
d2 ( Ce'
r PUN I A FO
1,44D1:N# N COUNTY, T58A3 YQl IA~E 543
,l
,
O y M
Hi
~-j 7t r
! ,l ~ H •3 O F~ t~
I fA.H I<
IOA
.
r
Y ~ ~s m r , 6~ ~ JC`,~
Sr i, Y E C•~3~1 V~
N Q p • ~ r
C ~F, m ~ ~ • ~6'T~yj i
y~• o ~
* , . 3 >
a4(0
u~,
a ~v$o
i
r
~ l'IrIJOY' C/Y~
Ill Jl1' !
1010 NORTH CENTRAL EX►RE/SWAT, DALSAS, TEXAS 15206 (214) 563.1615
Floyd C. Mclnlosh February 27, 1979 Orvlt B. Coborn Jr.
MANAGER Mike Mathews
ASSOCIATES
CERTIFIED MAIL
City of Denton, Texas
Municipal Building
215 East McKinney
Denton, Texas 76201
Re: Our Bond #714714
Dallas Air Conditioning Company, Inc.
Plurber's Bond
'IffEctive - December 12, 1969
Gentlemen:
We, the Seaboard Surety Company as Surety on the above captioned bond,
hereby serve notice of our intent to terminate our liability under this
bond effective thirty (30) days from your receipt of this letter.
It would be appreciated if you would acknowledge thie cancellation End
a stamped self-addressed envelope is enclosed for your convenience in
reply.
Sincerely,
.re-) Judy Aimand
Secretary
Ja/s
Enc. (1)
cc - Ellis, Crotty, Powers 6 Comnsny, Inc.
Dallas, Texas
cc - Mr. Art Charette
Miscellaneous Department
Home Office
r
k
~ 1.; 'O)
~Cl
r~
f'
1 ,
A DtOUiSI. SU ??1;1t L ivllr EDUCATION PIRCGRAM
FOR THREE ES' ABLISHED PLAYGROUND
SITES IN UNTOV, TEXAS
A Proposal Submitted to
city of Denton Parks and Recreation Department
Denton, Texas
by
North Texas State University
College of Education
Division of Recreation and Leisure Studies
• Denton, Texas 76203
Project. Director: Dr. David M. Covpton
Chairman
Associate Director: Dr. Christopher Edgi.nton•
Project Coordinator: Mr. James 11, Berckman
Proposal Author: Dir. Kevin J. Elliott d
Mr, James it. Barcl:nman
February 22, 1979
EXHIBIT "A"
A ;IODT:L, SL>7 [1;1: LEISURI. Eri~CATION PPOGM(
FOR THREL i:,'~TAI'LIS1if;Ii 11LAYGIZOUND
SIT1:S IiJ UEf1'i'UITEXAS
1'URV0Si:.
Throu);h Icis ire' you can learn; is the brsi.c theme iinderlyi.n};
this iimovati~,e Leisure Education ivoj,ram Ot'lered by the Narrh
Divi.slC':l M Hor:reaLlon rln,l L^Asoir(' Studies, I3)' CIpCr7tiilV~
in an aitton')r'o'.u+ mauler from Oic, Dcntnn Park-, and Recre-wir,^
Dv,mct.mcnt, thl, Diair.inn of Recreation and Leisure ,~csdie:
1'Pi 1.1 attempt Lo develop a uxo,lel LcriSure }:'ducation )I 'r7;;, th.7t
will set the tone for Tutu-e r1aye.round pro8rar:;s across Cite
nation, as t:e,l1 ns develop a healthy citizen Ottitude toa:;lyd:;
the Parks end Recreation UepartmenL of Denton and its Surm er
program.
The basic purpose of the program will be to offer unique and
measurable activities to a cross-section of the population.
'ihis will result in leisure leatni.ng by the participants and
an appreciation of leisure as an important element in today's
society. Throug,h Lhc use of now competency areas, such a;,
magic and net, l':r:~'s, as ,:ell as the use of lon and shoi:L Let•m '
themes, Nor.Lh Tvxat; Division of Recreation and Leisure SLtidics
O ' hopes to utilise vst3bli.sl7ed playground sites to build a
and dynamic recreation program.
Auxiliary ; urpo;;os under this proposal t•:il.l bo:
1. The development of measurable obiecti.ves that
will be used to determine the success of the
program now, and in the future.
2a To increase the understanding; of participants
that as work becomes less cent:ral, lei.sue
quality and results are important (skill ac-.
quisition and attitude).
3. To develop a qualitative and quantitative '
summer program that can be adapted by recreation
departms..nts across the nation.
Through use of playground sites, the program will be aimed at
the youth of Denton as well as their families, with an emphasis
on reaching the total populoLion uhilo developing an individual';,
leisure identity. The proposal is tentatively scheduled to
begin in eariy June and end the last week of July. The North
Texas Division of Recreation and I.olsure Studies hopes to
sub-contract with Denton Parks and Recreation department,
e .
-z-
providintc its own staff, accountini; proccdures, progranali.ng
and evnluatiots, 'this would be !;ubj(ct to periodic review by
the Denton Parks and recreation Dcpartwent, whi.C11 Will benefit
from the exposure, research, proprasr. rrAnual, and gape/slide
show presenUd in the forsi of.a final rvport.
OBJECi'IVES
The purpose of de;:igning objectives is to establish a criteria
by whic'., the sucac,s of the program can he measured. These
objectives, if .achieved, should establish the Parks and ~
Rcereatiou Depcarement of Denton as a forerunner in pl;gErounLI
` pru •raarning in 1i:unicipal recreation.
I. To &-M.gti a manilal describing the llrop,~asi's purpose
and of jectlves, es well as measurable nati_vities used
i•; LILO cviluaticn of both shill acquisition and
attitude chances, The r.,inual. shall also oe designed
as a guide for future reference.
II, To enable participants to app.cciate the nse of
leisure time (discretionary time) as an avenue for
personal.'satisfacti.on and life -,nr.ichmenL.
III, To lu:lp participants to appreciate the natur6l re-
S01t1'ces and their relationships to discretionary
Lino And the duality of life,
S IV. To enable participants to under.,;Land the value of
planning>„ problem sol.vini, and decision riaking regard-
ing ot:a s Leisure behavior.
V. To help p.Irti.cipants to understand the significrnt
impact that leisure time had, lp)s, and will have on
society.
VI. To help participants to understand the array of
valuable opportunities available in leisure time,
VII, To help participants to understand that leisur.! tan
occur at any time as well as be identified in'maa;y
forms (work or play).
VIII, To promote the proglirt through advertisement, insur-
ing its publicity in the irmediate area aid as a
foundation for national coverage,
LM ! w
-3-
RATIONALE, _A?;P AP11101lCHES
The use Of th M6eS to promote programming is by no means a new
concept. Despite the traditional use of theme-', their use in
expanding interests and incro_~sing undel•standi.ig still i.s valid.
The use of themes, however, to promote leisure learning and
understanding is a new concept, and one which can be quite
effective in prompting better use of one's leisure time in
todays society, especially the youth.
To come up with new innovations in playground'progran,riinF; is
not to develop now ideas, but to approach old ones in a differ-
ent: and unique way. The use of magic and new games, though
recent davelopm:nta•in the recreation field, arc really taking
uld ideas and adding a new twist. New games are really old
games with a "all can succeed approach," while magic is older
than the recreation field itself. Their use to lead partici-
pants into a leisure learning experience is-similar to teaching
an old dog new tricks.
This is especially t.rue for the "theme" concept, As examples
of ways in r•:hiclr themes can Fr utilized to achieve learning,
some approaches to the objectives stated previously will be
examined.
Ot)jectivr number five is to understand t:he'significanc.
• impact that leisure time had, has and will have on society,"
This objective could be achieved wi.tll a Lbcme enLi.tled "Erns."
The program would include a series of eras where the lcisur~
pursuits of past eras are experienced by the pai•Ll.cipants,
with the experience going as far as the dress worn during;
these time periods. An example of past leisure effects on an
era may be the Rom.zct period (public baths arotin•1 the pool,
visits to the Pompeii or other availably exhibitions), or the
Greek period (dance, enactfferit of Olympic gages). The present
era could be represented by the new games concept and the
non-competitive approach to sports, The future era could be
explored by means of acting out projections by futurist Alvin
Toffler, that leisure fantasy trips be available at will.
(Note: A tape of a fantasy trip is aire3dy available at North
Texas, as well as a source person for more information;)
Another example of a theme approach to the stated objectives
is a "World" theme to achieve objective number six. What better
way to understand the away of valuable opportunities available
in leisure time than to visit a different country every wee':.
Participants would not only learn of the different leisure
traditions ani pastt•.imes but also a little bit of geography and
history as we'.1. This could be promoted by having different
playgrarnds repr,:sent different countries or by rotating the
countries arounr', to the various parks with specialized staff
(i.c., some staff members mnv take Canndn and Tfexi.co :os their
specialty, others Germ, ay and 1*•rail co etc,)• Tho training; of
the sLaf.f would be an important part in ]'resenting chi. theme,
As a final theme example, participants could be taught to
develop an understanding; that leisure can occur at any time
or ill many furor;; by using, a movie t.home. ACLing; out- a movie
which views leisure in a different l[E;ht, or pcrhap~i evert
showing Lh.3t movi.c at night, would visually i.llustraLe 1e[surc's
diversity as well as providing; the enjoyment of acting or
viewing the movie. One example may he Walt Disney's Snow lghitc,
where after filming, the sor- "Uhi.stle ldhile You Work`, sill
many parLicipatiLs' ears. '1;.._ leader Lhen illusLrates that: work
can be a leisure experience, and perhaps furthers this by f
getting; the kid:; on a playground to pick up the trash ill the
form of a b:;me o a sung;. The ; vailabiliLy of such films,
however, would depend on the mcdia services avai.lablrt. If
films Could ba obtained, the Civic Center would provide an
ideal location for showing the films.
A-aot ter approach may bp. simply the adaptation of the nevi games
c,jncc:)t to help participants achieve personal s-ritisfactioro 0'2),
Inc'u ed are such names where eve.•yone is supposed to score
only one goal (therefore Lo,~iIIates rust help others score), or
individual self-Lest activities where all roach Lheir limits, i
though each person's limits arcs different. Also such activitir-,s
as blitul man trails (dependence on others) and truss Banes, if
presented properly, could help f:o develop problom solving and
• decision !naking; (°h).
As you can see, the 'dea of themes and new games, though not ~
new, can he .=dapLed to develop a new, fresh, and i~wig or,~ting
summer program for all involved, not to mention the leisure
learning benefits„ 't'hese themes and Names could all be drafted
on a two month calendar before the su!nrner program begins, so
thit leaders could be trained in special area. and o°vvnts, ri lens
ordered or prepared in advance, and Lhe budget: estimated to a
close proxiw[Ly of the actual costit,
A key step, however, to the success of the program would be the
training; of the staff members in the Leisure Education Program,
r,;, the importance' lies not in the activities themselves, but
tlw aP11'roach u,'cd to explore these activities. This training
V,-iil•d },e carrit.d ootL by the North Texas Division of. Recreation
slit) Lei.suc'e SttidIes under the arrr+ngemcnts agreed upon for the
gt]i03t! 1 .
_'a'''t ii.l'A T I ON
L'veluation, though explored more in deptli when and if the pro-
posal is accepted, will include evaluation of physical skill
5 -S-
aegoisition or, well as attitudinal changes, Skill acquisition
will be iiwasured In pre-'and post tesLs of specific activities
. related to social growth, abilities Lo interact, and acLUA
physical standards, Attitudinal cltanf~os will be evaluated boLh
by the leaders on the playgrounds as Weil as by parents in the
home who will he asked to observe and note any alterations
during the eight week progra,,.
The turnstile approach will also be uO.lized to measure the
number of participants at the bcg,inning and end of the sununer
session, This will not only include the youths, but also the
number of fand.lies which parLicipat(d in some of the social events.
PROMOTION
Promotion will begin with articles and newspaper cove~:agr, of the
summer program as innovative and unique to the Denton populace,
and will possibly extend to national coverage through the sumrier,
This program publicity will be coupled with the ndverLi:ing of
the playground program as a program for the entire family,•with
the benefits of leisure learning possibly remaining beyond the
summer season itself.
Accomodations in program scltedul.ing will be made ro fit family
schedules so tlta•t parcicipati.on by the entire family will be
facilitated. Special events will be widely publicized as a
lenrniag experience, with many of Lllese activities being recorded
in a promotional tape/slide presentation.
Finally, all Hatiunal Playground Circui!-< will be contacted to
provide promotional information and performance visits Lo ':he
Denton playground districts,
'file success of this pilot program should result in numerous
articles and promotion across the country,
RESULTS '
(l). A written report: prr•scnti.ng the fin iing;s of the e"aIuations
wilTl)c`made available to interested individuals and groups
upon conclusion of the program. This final report will
include measures of skill acquisition by parcic.ipanus,
as well as indicating; their e.ttitude changes to,,,ard,
leisure. Conclusions as to the success of the program
and possible future improvements w;.ll also be discussed,
(2) A Lope/slide presentation of Lhe program will be
develope-d for use bylt the Denton Parks and Recreation
Department ns a promotional aid and method of accounta-
bility to the citizens and city council to appropriate
funds for possible expansion of the pragr,xm,
.(3) A summer )ro ram manual will be developed wi':h information
on ilte iniat ono t e concept, program sequence through
the eight weeks, evaluation tcchnique•i and leadership
training.
JOB_DE:SCRII''1'i0\S
The personnel involved irr the 'Model. Summer Leisure Education-
1'rogra111 propcsal include the Project Director, Associate
Director, Project Coordinator, and six Recreation Leaders.
'.'heir job descriptions are describers below:
The I'ro~}ect Director's primary responsibilities include serving
as the'chi-e-nrnrfii'iscrative officer for the program and the
fiscal manager. Ile will have responsibility for reviewing and
approving all materials developed in the project and provide
supervision o: the project's staff and programs. HL will
provide the direction to the program to accomplish its objectives.
The Associate Director will assist the data analysis undertaken.
in thi prnject. Ile will have responsibility to ensure the
validity of the evaluation instruments utilized in measvri;t,
ahysical skill acquisition and participants' attitudinal changes,
The scupe of his responsibilities exist mainly in the research
tietltodology area.
The Pruject Coordinator will report directly to the Project.
Director an7 W-111-he responsible for the day-to-day administration
of activitie:; and supervision of staff, tits responsibilities
include scheduling, and coordinating activities and proiroting the
program. Data collection and analysis and processing, the
deliverabics inelut'ing tho final rcpcr:t: and tape/slide presentation,
will be his functions as well.
® 'she si\ Recruit ion Loaders will be rc;ponsible for planninf,'and
leading Lhe clay-to-day activities at ttrc playground sites. They
will report to the Project Coordinator ;iho will work with them
rej;arding program planning, schedr+liug, and evaluation. They
will also be responsible for collectiop dace to oe used by Lhe
Project Coordinator in evaluating and :eport.ing the results of
the project. In addition, Recreation Leaders will also help
in the pron.,)lion of the program and the filing of ,epbrts
(attendance, accident etc.)
WE=
PROPOSED BUDGET
EXHIBIT 'B'
k
• C
i ,
I'i2~r'O`EO BUO iT - TIIPEi f ~hYr,;;n;~;b SITE;
Nnton `'irks Z Borth lexas
~XrE'tbITE'RiS Rf~croat on Dent. Statc Uvivcr,ity•`
. Salaries S Narles
f rojtci DirfcLor (L'; . [avid tO. Compton
- $2900.00
IIT of l! `niorit~ s,~l,.rv S29,000)
Proiect Crordirntnr (Jim Derrkman - 10 5 1500.00
Leaders
`1,' ftis Schultz (.1 le,;ders - 9 meks 2203, Of:
at S122.40 per vei?r
rr^d 0oore (2 leaders - 9 e.eeks at 2203.00
S122.40 per riaek)
Civic Center (2 leaders - 9 peeks at 2203.00
$122,40 per week) Subtotal mt;"u W''07
Frin,3e Benefits
13.48Y of cnnlovr-es' .aldrias (5,05% S 1093.00
Social Security criolovor contribution,
6,,5°'. State paid part of S.;cial 'ecurity,
1.5A ;Uri,)
' 26", of Project Pirector's Salarv 754.00
Total Salaries Z Karr?s S 9202.0 ;3654.00
Supplies" 5 1200.00
bidio visual materials and production 300.00
TOTAL FXPEP,DIIURES S10,702.00 $3654,00
io bp derivice frnar Connunity Development $ 1500,00
firants, fees and charnes
Direct Costs (less suonlies Z audio- $ 9202.00 $3654,00
visual materials
Indirect Costs to Denton Parks and 920,00
Recreation DeDt. (10% of total contract)
Indirect Costs for North Tvxas Statn
Universitv ( 46" ) phi's nk.ind contribution $4144,00
of difforenc,% between 10Z of direct costs
and 46Y ailowin^e rate
7011.1 COSTS 510,00 $7798.00
*Suilplios are to tv primaril•v derived from existing inventory of the Denton
Parks and Recrp„tion re.oartment with additional purchases as approved by
Vie Project Coordinator.
S011 it R Y
Axpenditures
Denton Park and feereation Drnartnnnt
Salari^s & Panes plus frinne henefits $9202.00
Indirect Co,t 920.00
Sunplies 1200.00
Audio-vist.al materials and production 300.00
Subtotal $11,622.00
North Texas State -University
Salaries & Vages plus i'ritm e henefits $3(54.00
Indirect Cost 4I44:OO
Subtotal >7793.00
TOTAL COST U PROJECT 519,420,07