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HomeMy WebLinkAbout05-1979 A - I'~- 7 `.Y w r 1~.1 i }X J r 1,4 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE DAY OF_, A. D. 1979. r R E S O L U T 10 N " WHEREAS, the present zoning ordinance of the City of Denton does i not provide for the installation of limited automatic car wash machines a in apartment complexes; and ^'1 WHEREAS, the Planning and Zoning Commission recommends the use of limited car wash facilities in apartment complexes and recommends that 1 q the ordinance be amended to permit the use; and WHEREAS, Basil Murphy has petitioned the Council to obtain per- mission to install limited car wash facilities at the Gazebo Apartments -"r on South Carroll Boulevard; 'r NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That limited car wash facilities are hereby determined to be an accessory use in conjunction with multi-family dwelling units and shall ;r be permitted when all city, county, state and federal requirements are met. This ine7udes, but is not limited to, provision of the zoning : ordinance including setbacks for an accessory use and required parking € for multi-family dwelling units; adopted city building, electrical, mechanical, and plumbing codes; engineering standards for provision of appropriate permit for disposal of run off into the city's storm sewer system; and That, Basil Murphy is hereby authorized to install such facilities at the Gazebo Apartments on South Carroll Boulevard in the City of Denton, Texas. PASSED AND APPROVED this the 2/~ day of 17110" , 1979. BI S , MAYOR CITY OF DENTON, TEXAS ATTE OKS HOLT, C'ITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: BUR R. SOLOMONS, ASSISTANT CITY ATTORNEY, CITY OF DENTON, TEXAS r - r c \ ql fr Fk E F I, i~ i' THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON DE D RECORDS ~i THAT NORTH ELM BAPTIST CHURCH OF DENTON 206013 of Denton County, Texas , in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration in hand paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by these presents grant, bargain, sell and convey,unto to the City of Denton, Texas the free . and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, owned by it . Situated Im Denton County, rexas, in the B.B.B. & C.R.R. Survey, Abstract No. 186 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 B.B.B. & C.R.R. Company Survey, Abstract No. 186, and being part of a tract of land as conveyed from Denton Missionary Baptist Mission to North Elm Baptist Church of Denton by deed dated October 30, 1964, and recorded in Volume 515, Page 170 of the Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at the southeast corner of said tract, said point of beginning also being the intersection of the centerline of Orr Street and the southwest right of way line of U.S, Highway 77; THENCE 6outh 89°40' west, along the south boundary line of said tract, a distance of 343.5 feet to a point for a corner in the centerline of Bolivar Street, same being the southwest corner of said tract; THENCE north along the west boundary line of said tract, same being the centerline of Bolivar Street a distance of 16.0 feet to a point for a corner; THENCF east 16.0 feet north of and parallel with the south boundar, ilne of said tract 343 feet, more or less, to a point for a corner in the east boundary line of said tract, same being the southwest right of way line of U.S. Highway 77; THENCE south along the east boundary line of said tract same being the southwest right of way line of U.S. Highway 77 a distance of 16.0 feet to the place of beginning and con- taining 5,492 square feet of land, more or less. And it is further agreed that the said City of Denton, Texas in consideration of the benefits above set out, will remove from the property above described, ar h fences, buildings and other obstructions as may now be found upon said property. For the purpose of constructing, installing, repairing and 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 regress In, along upon and across said premises for the purpose of making additions to, improvements on and repairs 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. Witn:ss our hand , this the let day of Mai , A. D. 19 79 . ,ATT> ! _ NORTH E BAPTIST CHURCH OF DENTON ES CELT+.RY RV! _ d e - -A 2 SINGLE ACKNOWLFUIGMENT T~1I: ST,1'1'E OF TEXAS, ' • v- y BEFORE AIS, the undersigned authority, in amJor sji~t'ounty, Texas, on this day personally appeared _.North Elm Baptist Church of Denton Itnoe9 tVo to be the pers,,n S whnse namcS aresubscribed to the foregoing instrument, and acknow9edged to that he executed the same for the purposes arc] consideration therein eexxpresse,l. GIVEN UNDER MY HAND AND SEAT, OF OFFICE, This ~ Z~ r D. 19 ~ (f. S.) y t2.. Notary Public, D ton County, Texas My Commission Expires Juno 1, 191 f~ SI`1GLE ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF In and for said County, Texas, on this day personally appeared . . known to me to be the person .__whose name_ subscrlbrd to the foregoing instrument, and acknowledged to me that he executed the same for the, purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This _ day of._.__.......... , A, D. 19 f h.S• ) Notary Public. 'runty, Texas Atv Cnmmisslon Expires June 1, 19 CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS, ~ a REFOTtI: .11F, the undcr,ir;nrd authority, COUNTY OF. in and for said County, Texa., on this day personnlly appeared krvren to lure to I,e tb= P'raon vH (Mccr whosa name 1; ej.cr+((I to the f(rrcnir,; irrromrnt and nckcowlcAWLd to uie thr.t tF. s,.mn,rns U,c art of t!,e sail a corporation, and that he exocuterl the same as the act of such corporation for the't,irlioses and consi lcrAinn therein expressed, and In the capacity therein statod. GIVEN UNDER MY HAND AND SEAT, OF OFFICE, This day of A.D. 19 _ (1,.S.) E Notary Public, County, Texas v Q' a -My Commission Expires June 19.__... _ j° CL `FI F'ICATE THE STATE; OF 7 XAS~ NeVify County COUNTY OFClerk of the Jaunty Colt of that the foregoing instrument of writing dated on the fag of 9 with its Certificate of Authentication, was filed for record in m r o i ce on da4f ~Zf.. A. D. 19 at o'clock !d., and duly .Or A . D. 19 at o clock M , in the recorded thls . day t~D i , cords of said County, in Volume on pages YVITNE53 AIY HAND SFAW TY COURT of said Cruelty, at silica in t, ay and year last abote written. County Clerk County, Texas. (L. S.) By Drputy. I i l T '5 cz a M p d A a ' FkEI) - ! c3 E M +3J113 t'♦955 , qO H p I a3 E E ~.~Ijf J. f:'. 4 s~"aC u , FTC W H ! ° @, i Ct~i_ _`Ei„IE st7 tz- I I v i p i Mai 7 ay 10 f3U x ~Q. ! 9 tb ~1 ~l F -z n . Vol 37 Ct-28327 lrs4 1651 Standard (Aprrawd by Genital 54114for) PIPE LINE LICENSE THIS LICENSE, Made this.- .22nd-__--day of---- ]fay between THE ATCHISON, TOPEKA AND SANTA TE RAILWAY COMPANY corporation (hereinafter called "Licensor"), party of the first part, and CITY OF DENTON, TEXAS, a Municipal corporation, acting herein by its Mayor, hereunto duly authorised. (hereinafter, whether one or more, called "licensee"), party of the second part. WITNESSETII, That the parties hereto for the considerations hereinafter expressed covenant and agree as follows: 1. Subject to the terms and conditions hereinafter set forth, Licensor licensee Licensee to construct and maintain one. ( I pipe line- _.ona hundred thirty-six point foar (136.4) feet in length and (b.9) inches in diameter (hereinafter, whether om or more pipe line3, called the "PIPE LINL"), across or along the right of way of Licensor at or near the station of Denton, Denton County, Texas -..-the exact location of the PIPE LINE being more particularly shown by red coloring upon the print hereto attached, No- X-2920 Baled MAy 16, 1979 - - . marked "Erhlblt A" and made a part hereof. 2. Licensee shall use the PIPE LINE solely for carrying and shall not use It to carry any other commodity or for any other parpose ose . whatsoever. S. Licensee shall pay Licensor as compensation for this license the sum of...One and NO/100ths ($1.00) - Dollar 4. Licensee shall, at its own cost and subject to the aupervislon and control of Licensor's chief engineer, ~oca:a, construct and maintain the PIPE LINE In such a manner and of such material that it will not at any time be a source of danger to or Interference with the present or future tracks, roadbed and proyerty of Licensor, or the safe operation of its railroad. In cases where the Licensee is permitted under paragraph 2 hereof to use the PIPE LINE for oil, as etroleum roducta, or other flammable or highly volatile substances under pressure, the PIPE LINE s 1 constructs , Installed and thereafte- r tnaTrltalne In con orm'tyy N-M -t r~ cans and specifications shown on print hereto attached In such cases, marked Exhibit B and made a part hereof. If at any time Licensee shall, In the judgment of Licensor, fail to perform properly its obligations under thi3 paragraph, I.i- cercor may, at its option, itf3elf perform such work as it deems necessary for the safe operation of its railroad, and In such event Licensee agreti to pay, within fifteen (1b) days after bill uhall have bean rendered therefor, the cost so incurred by Licensor, but failure on the part of Licensor to per- form the obligations of Licensee shall not release Licensee from liability hereunder for loss or damage occasioned thereby. b. Licensee shall reimburse Licensor for any expense incurred by Licensor for false work to support Licensor', tracks and for flagman to protect its traffic during installation of the PIPE LINE and for any and all other expense incurred by Licensor on account of the PIPE LINE. 6. Licensed shall at all times indemnify and save harmless Licensor aguir,st and p in full all loss, damage or expense that Licensor may sustain, incur or become liable for, resulting is any man- ner from the construction, maintenance, use, state or repair, or presence of the PIPE LINE, Including any such loss, damage or expense arlsing out of (a) loss of or damage to property, (b) Injury to or death of persons, (c) mechanics' or other liens of any character, or (d) taxes or assessments of any kind. 7. If at any time Licensee shall fall or refuse to comply with or carry out any of the covenants herein contained Licensor may at its election forthwith revoke this license. J 8. THI:j LICENSE is given by Licensor and accented b-., Licensee upon the express condition that the same may be terminated at any time by either party upon ten (10) days' notice In writing to be served upon the other party, s,~ating therein the date that such termination shall take place, and that upon the termination of this license in this or any other manner herein provided, Licensee, upon de- mand of Licensor, shall abandon the use of the PIPE LINE and remove the same and restore the right of way and tracks of Licensor to the same condition In which they were prior to the placing of the PIPE LINE thereunder. In case Licensee shall fall to restore Licensor's premises as aforesaid within ten (10) days after the effective date of termination, Licensor may proceed with such work at the expense of Licensee. No termination hereof shall release Licensee from any liability or obligation here- under, whether of Indemnity or otherwise, resulting from any act-1, omissions or events happening prior to the date the PIPE LINE is removed and the right of way and track of Licensor restored as above provided. 9. In the case of the eviction of Licensee by anyone owning or obtaining title to the premises on which the PIPE LINE is located, or the sale or abandonment by Licensor of said premises, Licensor shall not be liable to Licensee for any damage of any nature whatsoever or to refund any payment made by Licensee to Licensor hereunder, except the proportionate part of any recurring rental charge which may have been paid hereunder in advance. 10. Any notice hereunder to be given by Licensor to Licensee shall be deemed to be properly served iflitch duos?d in th United States Mppil ppostage prepaid, addressed to Licensee at..... Zll l'_r~pt_.. nn y treet, ~entan, Texas 7Oil Any notice to be given hereunder by Licensee to Licensor shall be deemed to be properly served it the same be deposited In the United States Mail, postage prepaid, addressed to Licensor's. _ Divl _.0._._ Superintendent at 204 Santa Fe Aui3(j ng -_14th_G .ionas Sip., Fort Worth, Texae 76102 11. In the event that two or trore parties execute this Instrument as Licensee, all the covenants and agreements of Licensee in this license shall be the joint and several covenants and agreements of ouch parttei. 12. MI the covenants and provisions of this Instrument shall be binding upon and inure to the benefit of the successors, legal representatives and assigns of the parties to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by License its successors, legal representatives or assigns, or any subsequent assignee, shall be bird- tng upon ' Gnsor without the written consent of Licensor in each instance. 111 WITNESS WHEREOF, The parties have executed this agreement to duplicate the day and year first above written. T11R ATC;HISON, TOPEKA ANA) SANTA FF. RAITYAY C011PANY (Licenx~r) Approved as to Description: Its_.- Ass stantto,-fggeral•Hjt iZgx Chief Engineer. CITY OF IFNTON9 TEXAS. P-sr, - Its tenor / - (Ltcensee) C+ 28327 EXHIBIT "A" TO CONTRACT BETWEEN TF'E A-rCHISON TOPEKA AND SANTA FE RAILWAY COMPANY "Oir_r GZNJ DIVISION DALLAS DISTRICT AND CITY OF DENTON C(J/ RIN, p W47CRUNE C20551Na AT SCALE t"= IOUN-1,01'Q0 DENTON OOUNTY,TEXAS A.G.M,-ENGINEERING •AMARILLO, TEXAS No. y- 2920 DATED: NIAY lle, 1979 / Qo y¢ V Z MAP 1Z 2 PAP, 21 a. / ~b v ~v QY CO'm:PE9_TY ll~l Shee Pr of 4-- a f N-NWN Tk<TUB AT r 5F 1'_Y Co / 0 / TO DALTON JCT TO CLEBUeNE FaY CO PPOPER'T1 y UNE - YeUr Shoop Proof F, CUTOFF 'r / 3TA 5549+44.5 --~F~1~-105+ 54.5 W/i / yN r 011 CARRIER PIPE SASINO'PIPE CARRIER PIPE CASINO PIPE O D OF PIPE 6.90" -Q100,1_ LENGTH ON R/W - 18L,4' 5d CONTENTS TO BE HANDLED VIAECF i ACTUAL wORKING PRESSURE_ 150 Pal PIPE MATERIAL pu-iti-L rv.o,I a v TYPE OF JOINT q ~~-SFI',"T _YIELC SPECIFICATIONS AND GRADE CL6:;:,'L ~~Axr; lz, COATING WALL THICKNESS 0,31_ 0.250 METHOD OF INSTALLATION VENTS I NUMBER SIZE HEIGHT OF VENT ABOVE GROUND 4' SEALS: BOTH ENDS ' 5-CONCRC7E ONE END _ BtIRY: BASE OF RAIL TO TOP OF CASING 5 FEET INCHES BURYI NATURAL GROUND 3 FEET' INCHES INSTALLED AS PER C.E.S. 661G BURY*. ROADWAY OITCkES _ BEET 0 INCHES PLACED BY DRY BODE ONLY CATHODIC PROTECTION TYPEISIZE AND SPACING OF INSULATORS OR SUPPORTS - R/W MAP NO. STA, MAP NO. F3_ 7..199D Ii~j S~~ ~ ~ E~. ~ / z L W a T j ~ ~ O ~ ; ~ (Spp A ~ ~ x ~ it ~ ti's 'I. ~f~ Cff ~ i i ~ i p I of ~ ~ ~ ~ I ~ i ~ i i ~ d as ~ r~ , Cu7 Ct-28327 fore 1653 Standard (lPprowd by G,nn:l SoUd/or) PIPE. LINE 1ICENSE THIS LICENSE blade this __2 ad _ .dayy of. ~y _ , 19 , 7 . 9 between THE ATCHISON, WPLKA AND &AhfA FE RAII.6,'AY CoH ANI . Delaware corporation (hereinafter called "Licensor"), party of the first part, and CITY OF DFNTON, TFV1 Q, a N.ullicipal corporation, acting herein by its Mayor, hereunto duly euthortned (hereinafter, whether one or called "licensee"), party of the second part. WITNESSETH, That the parties hereto for the coneiderations hereinafter expressed covenant and agree as follows: 1. Subject to the terms and conditlons hereinafter set forth, Licensor licenses Licensee to conatruct and maintain °ne 1 pipe tine. ono hundred thirty six point four (136.4) feet in length and 9.0) Inches in diameter (hereinafter, whether one or more pipe lines, Palled the "PIPE Denton, Denton LINE"), across or along the right of way of Licensor at or near the station of.._... County, Texas .the exact location of the PIPE LINE being more particular) shown by red coloring upon the print hereto attached, No.. X-2919 ' dated May 16, 197 marked "Exhibit A" and made alpart hereof. 2. Licensee shall use the PIPE LINE solely for carrying and shall not use it to carry any other commodity or for any other purpose whatsoever. 3. Licensee shall pay Licensor as compensation for this license the sum of-One- and N0/100ths (81,00) - Dollar 4. Licensee shall, at its own cost and subject to the supervision and control of Licensor's chief engineer, locate, construct and maintain the PIPE TINE in such a manner and of such material that It will not at any time be a source of danger to or interference with the present or future tracks, roadbed and property of Licensor, or the safe operation of its railroad. In cases where the Licensee is permitted under paragraph 2 hereof to use the PIPE LINE for oil ae etroieum roduct% or other flammable or highly volatile substances under pressure, the PIPE IN ahall be constructed, Installed an t area or mdint.ine n conformity with t_fie plans and specifications shown on print hereto attached in such cases, marked Exhibit B and made a part hereof, If at any time Licensee shall, In the judgment of Licensor, fail to perform properl) its obligations under this paragraph, Ld- censor may, at Its option, itself perform such wo:'k as it deems necessary for the safe operation of its railroad, and in such event Licensee agrees to pay, wit} In fifteen (16) days after bill shall have been rendered therefor, the cost so incurred by Licensor, but failure on the part of Licensor to per- form the obligations of Licersee shall not release I.ictnsee from liability hereunder for loss or damage occasioned thereby. 6. Licensee shall reimburse Licensor for any expense incurred by Licensor for false work to support Licensor's tracks and for flagman to protect 10 traffic during installation of the PIPE LINE and for any and all other expense incurred by Licensor on account of the PIPE LINE. 6. Licensee shall at ell timeu indemnify and save harTnless Licensor against and pay in full all loss, damage or expense that Licensor may sustain, incur or become liable for, resultin in any man- ner from the construction, maintenance, use, state or repair, or presence of the PIPE I, NE, Including any such loss, damage or expense arising out of (a) loss of or damage to property, (b) Injury to or death of persons, (e) mechanics' or other liens of any character, or (d) taxes or assessments of any kind. 7. If at any time Licensee shall fall or refuse to corlp with or carry out any of the covenants herein contained Licensor may at Ste election fo.thwith revoke this license, I1 L B. THIS LICENSE is given by Licensor and accepted by Licensee upon the express condition that the same may be terminated at any time by either party upon ten (10) days' notice in writing to be served upon the other party, stating therein the date that such termination shal! take plwce, and that upon the termination of this license in this or any other manner herein provided, Licensee, upon de- mand of Licensor, shall abandon the use of the PIPE . INE and remove the same and restore the right of way and tracks of Licensor to the same condition ii. which they were prior to the placing of the PIPE LINE thereunder. In case ldcensee shall fail to restore Lfeensor's premises as aforesaid with-n ten (10) days after the effective date of termination, Licensor may proceed with such work at the expense of Licensee. No termination hereof shall release Licensee from any liability or obligation here- under, whether of Filemnity or otherwise, resulting from any acts, omissions or events happenNng prior to the date the PIPE LINE is removed and the right of way and track of Licensor restored as above provided. 9. In the case of the eviction of Licensee by anyone owning or obtaining title to the premises on which the PIPE LINE is located, or the sale or abandonment by Licensor of said prm,ises, Licensor shall not be liable to Licensee for nny damage of any nature whatsoever or to refund any payment made by Licensee to Licensor hereunder, except the proportionate part of any recurring rental charge which may have been paid hereunder in advance. 10. Any notice hereunder to be given by Licensor to Licensee shall be deemed to be properly served if it be deposited in the United States Mail, postage prepaid, addressed to Licensee at 2l5 Eeet_., MCWne; Street,_D* nton, TeYAs 76201 - - I _ Any notice to be given hereunder by Licensee to Licensor shall be deemed to be properly served U the same be deposited in the United States Mail, postage prepaid, addressed to Licenmor's _ _Diyyigion _ Superinta..... at 7.04 Santn Fe lwi.lding, 1401 G Jones Sts„ Fort Worth 76102 11. In the event that two or more parties execute thin instrument as Licensee, all the covenants and agreements of Licensee in this license shall be the joint and several covenants and agreements of such parties. 12. All the covenants and provisions of this Instrument shall be binding upon sad inure to the benefit of the successors, legal representatives and assigns of the parties to the salm extent and effect as the same are binding upon and inure to tho benefit of the parties hereto. but no assignment hereof by Licensee its successors, legal representatives or assigns, or any subsequent assignee, shall be bind- ing upon Licensor without the written constnt of Licensor in each instance. IN iVITNESS IVHEREOF, The parties have executed this agreement in duplicate the day and year first above written. ..-..._._--T.H'-ATCIII$.QNi TSF>rlt1..LIV_§AJg FE RAILS~Y-.&~q -------.(Licensor) Approved as to Description; i to Aasia tattt-tn _Ge:~eral_Masu Ag Chief Engineer. y1 CSC, -6 T1f--0R >~1TONr-TF7ll1Si----- • its----••----- l~ Weensee) _ C+ 28327 EXHIBIT "A" 'I TO CONTRACT BETWEEN THE ATCHISON TOPEKA AND SANTA FE RAILWAY COMPANY ijOfra[G -N DIVISION Cksl_l-AS DISTRICT I AND C ITY OF DENTON , i COVEP.ING A 5DIFP u1`4 Cpa5wj I &T DENTON, DCNTON C:OUNTY)TEXA5 SCALE 1 = 100 A.G.M.•ENGINEERING-AMARILLO, TEXAS No. y- 2914 _ DATED: .MAY 16, 1979 I ' ~7ry v- 25 f4AP IZ PA I, 2 I _ co P_'I co Tlmri., Svvf LINE /J +a Shoe Proof i r. oZ.O` / fE / f f%IAII! l I'v T UI AT r 5 F I'.Y CO ~ r m, / ~ N to 0 r n TO DALTON JCT TO CLEBUQNE I P-y CO PQOPEI? TY UP E i _ o • • - • J _ _ Ship Proof F+ v i / !y 0 5TA 5543# 55.4 t-l P 105 + 555.4 CARRIER PIPE CASINO' PIPE CARRIER PIPE CASING PIPE 00OF'PIPE - LENGTH ON R/W 13,t+4' _ CONTENtS TO BE HANDLED ~kEr:AG•5 ACTUAL WOR1fING PRESSURE O PIPE MATERIAL Lor,n~c II ti.._l.. TYPE OF JOINT Sri-t LFI +^T SPECIFICATIONS AND WADC GL~ir. 7 COATING RALL'THICHNESS o,3__ IETHOD OF INSTALLATION )101~INEi VENTS: NUMBER SIZE _ FLIGHT OF VENT ABOVE GROUND SEALS 1 BOTH ENDS ' ONE END BUR'f : BASE OF RAIL TO TOP OF CASING _ FEET INCHES BURY; NATURAL GROUND FEET _Q_ INCHES INS1'lLLED AS PER C.E,S. 550 BURY: ROADWAY DITCAES FEET -~Q- INCHES PLAGEO BY DRY BOHE MLY CATHODIC PROTECTION TYPE,SIZE AND SPACING OF INSULATORS OR SUPPORTS R/W MAP NO. STA, MAP NO, $i•21'~)~ IO,h _ _ E ' I ~ r Hsu, ~ ~ a y Fo' E j { r d 'i I i Dond No. L05-015151 780b PERFORMANCE BOND , STATE OF TEXAS COUNTY OF Tarrant KNOW ALL MEN BY THESE PRESENTS: THAT Miller Construction of the City of Fort Worth and County o` Tarrant Texas, hereinafter called "Principal' and Balboa Insurance Company , hereinafter called "Surety" are held and firmly bound unto The City of Denton as Obligee, hereinafter called "Owner", in the amount of One hundred and ten thousand five hundred and eight and no/100-------- 110,508.00 ) DOLLARS, lawful money of the United States, to be paid - County, Texas for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the Owner, dated the 15th day of 19 79 , a copy of which is hereto attached and made a I part hereo ,for the construction of: I 1 NOW, THEREFORE, if the principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said contract in accordance with the plans, specifications and contract documents during the original term thereof and any extension there- of which may be granted by the Owner, with or without notice to the surety, and during the life of any guaranty required under the contract, and shall also well and truly perform and fulfill all and undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications to the surety being hereby waived; and if the principal shall repair and/or replace all defects due to faulty materials and / or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvement by the Owner, then this obligation shall be void; otherwise to remain in full force and effect, 00210-3 HH 7806 1 Provided, further, that if any legal action be filed on this bond, venue shall lie in County, Texas. Said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration to the terms of the contract, or to the work to be performed thereunder. This bond is given pursuant to the provisions of Article 5160, Chapter 4 r of Vernon's Civil Statutes of Texas, as amended by the Acts of the Regular Session of the 56th Legislature, 1959; and other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Agent Resident in Dallas County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Senate Bill 214, Chapter 87, Acts of the 56th Legislature, 1959, Regular Session. IN WITNESS WHEREOF, this instrument is executed in one copies, each one of which shall be deemed as original, this the 6th day of July 19_.9, ATTEST: PRINCIPAL Secretary BY ~A - • , TITLE SURETY Balboa Insurance Company 5025 N. Central Expy Dallac, Tpxns 75Rn5 BY: Off. tdrl n.n au-_ ttorney-in- act S.L. Flannigan Tne Resident Agent of the Surety in Dallas County, Texas, for delivery of notice and services of process if: - M NAME: General Surety Agency ADDRESS: 5025 N. Central Expy. 11allas, Texas 75205 00210-4 Bond No. L05-015157 • HH 7806 PAYMENT BOND STATE OF TEXAS } COUNTY OF Tarrant KNOW ALL MEN BY THESE PRESENTS: That Miller Construction of the City of Fort Worth , County of Tarrant and State of Texas , as principal, and Balboa Insurance Company authorized under the laws of the State of Texas to act as surety on bonds for M principals, are held and firmly bound unto The City of Denton I (Owner), in the penal sum of One hundred and ten thousand Siyu. Dollars hundred and eight and no/100---- 110,508.00 } for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the . 15th • day of May , 197a to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; ' PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions ' of Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. r Surety, for value received, stipulates and agrees that ho change, • extension of time, alteration or addition to the terms of the contract, or ' to work performed thereunder. or the plans, specifications or drawings accompanying the same, shall in anywise affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to 00210-5 HH 7906 1 be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this Lj:h day of July 19 79 13 alhaa.~i-nsux~ , rincipa Surety ~ By By 5,. 3ldd'~ S. L. Flannigan Title Title Atty-z❑-fact Address Address 5025 N antral Fxpy Dallas, Texas 75205 The name and address of the Resident Agent of Surety is: General Surety -Agency ' 5025 N. Central Expy Dallas, Texas 75205 , 1 M 00210-6 iURCHAStNG DEPARTMENT BID INVITATION Coy of Demo:, 215 Cast I&K.nnoV St. t,enton,Tr.as 7C201 CITY OF DENTON, TEXAS . Date 4_11-79 Req. No. BIG NUMBER 8667 Fencing airport. approach lights Scaled bid proposals will be received until 2; 00 p.m. May 24 1979 at the office of the Purchasing Agent, Municipal Blgd., Denton, Texas 76201. For additional information contact John J. Marshall Ph. 817/382.9601 Ex. 285 or D/FW Metro 817/267-0042. JOHN J. MARSHALL, CPO. Purchasing Agent INSTRUCTIONS TO BIDDERS 1. Sealed bid proposals must be received in duplicate, on this form, prior to 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 on the outside of completely sealedenvelope, and addressed to the PurchasiW 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 betcnsidered. 4. All materials are to be quoted FOS Denton, Texas, delivered to the floor of the warehouse, or as indicated 6. The City )f Denton, Texas reserves the right to accept separate items in a bid uhtess this right is denied by thn bidder, 6. In case 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 City of Denton reserves the right to reject any and all bids, to waive all informatities, and require that submitted bids remain in force for a sixty (601 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 tiuouyhuut the contract pefiod. 8. The items are to be priced each net. (Packaging or shipping quantities will be considered,) W. The Purchasing Department assumes responsibility for the correctness and elariv! of this bid, and all information and/or questions pertaining to this bid shall be directed to the City of Denton 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 for disqualifications. 12, 1'he conditions and terms of this bld will be considered when evaluating for award. / ~ .C 13, The City of Denton Is exempt from all sales srxJ excise taxes. r 7 1 Lfv 41 a `y . LID NUMOM 8667 SID PROPOSALS Page 4 of ITEM STOCK NUMBER DESCRIPTION OUAN: PRICE AMOUNT 1. Class D wire fen_e witi: steel line post and wood corner, brace and gate past. v 3600 /7 ape ft. l/S//!C S ~G s i r6~C /',c s s AS 1 near t. (z.z~ 2. Connecting and properly installing gates (already located). 3 ea. s Addendum 0 1 dated received 17 2 dated received 4 3 dated received 0 4 dated received Bid bond or cashiers check atttached This contract will be completed'within working days. L°4 j c.r O /c- ~.9.I J e e /t!r S lsdr/,¢Co~ 7 0. , le-l--2 e" c.lr~.c Or rcjuc sr .C/N~' Lr/cc hc' /tN1f'.v~~ilt~r • O t' O t~ a e✓i( Qtykr:e Otte ljtr Xe"jeoscJrae a~ Fay O.se.n6lr> Chu/s /ti 4raacso /a6 tir= l=L~hC et, TOTALS We quote the above f.o.b. Denton, Texas. Shipment can be mjde In days from receipt of order. Terms net if not otherwise indicated. In tubrnittlnl the above bid, the vendor agrees that acceptance of any or all bid items by the City, of Denton, Texas within a reasonable treriod of time constitues a contract, U , [rate 42 Y Z 9 7~9_ 6idder-~/1n! t✓~t l-=s~'~e._, 'e-eit7o-~t/,,t, f) V7K Title Signature e Pngc 23 CONTRA;? AGRCCIIENT STATE OF TEXAS COUNTY OF THIS AGRCEPIENT, made and entered into this day of A.D., 19_, by and between The City of Denton, 215 r. McKinney St. of the County of Denton and State of Texas, acting thrU gh John J. - Marshal], Purchasing Agent thereunto duly auth3rized so to'do, Party of the First Part, hereinafter termed the 01411ER, and` Mr. Nick Karpis dba Sadler Farm Implement Co., Rt. 3, P.O. Box 48, (214-564-3109) Of thO City of _ Whitesboro, County of Grayson and State of Texas, 76273 , Party of the Second Part, hereinafter termed CONTRACTOR. W17NESSETII: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed oy the !,arty of the First Part (OWNER), and under the, conditions expressed in the !;onds bearing even date herewith, the said Party of the Second Part (CONTRACTOR) hereby agrees with the said Party of the First Part (OWNER) to commence and com kt• the con truciion of certain im rovements described as follows: IE KeSce .0 4-t(8-Ct) 4,7-t"I Bid Proposal 08667 Fencing airport approach lights, North end of north south run way. The construction to begin no later than 10 days after written notification by the owner and then to be completed within 30 working days. and all extra 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 the materials, supplies, machinery, equip- writ, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordonco with the conditions and prices stated in the Proposal attached hereto, and 'n accordance with all the General Conditions of the Agroement, the Special Conditions, the Nutice to Bidders (Advertisereent for Bids), Instructions Fnf,c ~ r I to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blue- prints, and other drawings and printed or writter. explanatory matter thereof, and the Specifications -therefor, as prepared by John -lrtlax:.ii, ^YurchasJn1; Af,oii y(_jLy of Den Inn~'LS' al l of which are wade a part hereof and coliective'iy eviacrce and constitute the entire contract. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of cork as set forth in a written notice to commence wort: and to substantially complete all work liithin the time stated in the Proposal, subject to such extensions of time as are pro- vided by the General and Special Conditions. The M PIER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this Con- tract, such payments to be subject to the General and Special Conditions of the Contract. IN I•JITNCSS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. ATTEST: City of Denton, Texas P 10-f th rs- t Part, 01-JNER John J. Harshall, c.F.M. Furchasiug Agent (SEAL) ATTEST: Nick Karpis, dba Sadler Farm Implement Co. ijiA Party of the Second Parrt,, CONTRACTOR Title By Owner (SEAL), I-age Z3 PERF01P.I4ANCE' BOND STATE OF TEXAS COUNTY OF KI1011 ALL h EN BY THESE PRESENTS: ta , of the 0y of , V \.V ' County of T)Oate o , as PRINCIPAL, and , as RETY,, authorized under the lav the State of Texas to act as surety on bonds for principals, are hel d firmly bound unto the The Cite of nentou Denton County, Texas as ONNER, in the penal sum of six thousand ) seven hundred fifty three and no/100's Dollars ($6,753.00 for the payment whereof, the said -Principal 'and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally; by these presents: WHEREAS, the Principal has entered into a certain written contract with the 01-M R, dated the day of 19 for the con- struction of Class D, Fener, nrnuM +1, "Tr_oaclj 1 1 0,1,at--nor-t4v-End-of--0eiitcxr Municipal airport. which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said Principal shall faithfully perform said Contract and shall in all respects duly and faithfully observe and perform all and singular the cove- nants, conditions and agreements. in and by said contract agreed and cove- nanted by the Principal to be obs^rved and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications frereto annexed, then this obligation shall be void: oche niise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executrd pursuant to tho provisions of Article 5160 of the Revised Civil Statutes of Texas as amended Pcire 26 by acts of the Seth Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in nc„tCounty, State of Texas. Surety, for value received, stipulates and agree, that no change., extension of time, alteration or addition to the tens of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby ti.raive notice of any such change, extension of time, alter- ation or addition to the terms of the contract, or to the work to be per- formed thereunder. IN WITHIESS 4,11EREOF, the said Principal and Surety have sigw2d and sealed this instrument this day of 19 Nick Karpis Principal Surety By By 'title ~ Title _ Address Address (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: NOTE: Date of Bond must not be prior to date of Contract. PAYN,ENI DOND T / STATE OF TEXAS 0 Y !G/ COUIITY OF KI1011 ALL .14EN BY THESE PRESENTS: That 'J of the i't of l , County of and t e o , as PRINCIPAL, and , as SUREfY, auth A z under the laws of the State-of Texas to act as surety on bonds for p als, are held and firmly bound unto the The C1ty of Denton, Denton o L_y, I'e>:as as 61NER, in the penal sum of en five hundred and no/100's Dol larfns' 500.00 for the payment whereof, the, said Principal and Surety thec:."('s and their heirs, admainistrators, executors, successors and asst , jointly and severally, by these presents. WHEREAS, the Principal has entered into a certain written contract with the.Odner; dated the day of~_ 19for the consir+~ction of which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as a,nendod • y acts,of the GGth Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the s4+~~ extent as if it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue Sll,ll lie in Dent°.t County, State of Texas. Page 28 Surety, for value received, stipulates apd agrees that no change, extension of tince, alteration or addition to the terns of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the sane, shall in anriaise affect its obligation on this bond, and it does hereby naive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be .performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and waled this instrument this day of 19 Nick xarpls Principal Surety Sy. ' - By--- - Title Title Address - Address _ (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: Note: Date of Bond must not be prior to date of Contract. I'ag,c 24 •1NSUItl~I1Gti C117-1 OF I)NITOid 1NSU LAND' 1+III7 -MM REDWIiI:^V1,17S Without linitin3 any 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, Owner, minimum insurance coveragp as follo•,;::: TYPE OF CGIE'RAGE LITU S OF LIADILITY I. WOMvIN' S CG211- NSATION STAI UDORY 1I. CaIPRIM dSIV1's GENERAL LIMMITY Bodily Injury '$1002000 $300,000 Each person Each person s Property Umge 50,000 $100,000 Each accident aggregate M. OOATM04SM AUIMOBILS •LIABILTTY 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 O WMIS PIiO'MOTM LIABIL117 1NSirFt XE POLICY naming the City ' of Denton as insured with the follo; ng limits: Bodily Injury: Property Vem g;e: $100,000 each person $ 50,000 each accident $300,000 each accident $100,000 agg vg}atc Covering the work to be performed by the Contractor for the City of Denton. B. Wo Contractor will furlish the Omer's Protective Policy described above and eAcute the Certificate described on the folloAng page to the City of Dentm for its approval. Insurance mist be accepted before comencing any work under the contract to which this insurance applies. CITY OF UNION CUMFICAu. or IN!,UHANCE THIS IS TO CERTIFY THAT THE . Insurance Coimutny of hnn issued policies of insurance, as described below and idcntilicd by a policy number, to the insured named below; rind to certify that such policies are in full force and effect in the State of Texas. It is agreed that none of these policies will be cancelled or chanced so as to affect this Certificate until ten (10) days after written notice of such cancellation or change has been delivered to the City of Denton., City Itall, Denton, Texas. INSURED: 2. ADDRESS: 3. STATUS OF INSURED: Corporation Partnership 0 individual 0 4. DESCRIPTION OF OPERATIONS: INSURANCE POLICIES IN FORCE POLICY EFFECTi1'E EXNF',AT10N COYEILICE 14*1I1,1BER ' DATE DATE LIMITS OF LIABILITY is WORkl-TN IS STATUTORY C01,1PENSATION II. COK."RHENS11'E A. Each GENERAL person LIABI LI T1' Each A. Bodily Accident $ Injury D. Each B.' Property Accident $ Damrigc Aggregate III. COMP RFIIENSIYE A. Fn ch AUT010111LE Person $ LIAMLI1'1'-': l:ec h A. Bodily Accident Injury h, Eael1 D, Property Accident $ Danti.'+gc , C0111It1:IIENSIYI: AC'I'O?10,11,1: LIAM1•I1'1' INSUIt:1Nil'. includrr. ALL owiivd, hired, or omi- OW31cd automotive equilunrnt used fu conuectien with the Inr.urt•d upc•tatitats, Ualtr Namo of lusur,tsnt• Collill.my ny t. ~ - • Autharls~d ftrl,l~•:,tut.ttlvt~ Mldtvs:: ul Anthut 1r.~'.1 Ilrhtirnl•tt ivt Page 30 CITY OF DENTON CERTIFICATE 01' INSURANCE 1 ,UqS IS TO CERTIFY THAT THE Hartford Casualty Insurance Company Insurance Company of Hartford, Conn. , has issued policies of insurance, as described below and idcntitied by a policy number, to the insured named below; and to certify that such policies arc in full force and effect in the State of Texas. It is agreed that none of these policies will be cancelled or changed so as to affect this Certificate until ten (10) eavs after written notice of such cancellation or change has been delivered to the City of Denton., City Nall, Denton, Texas. 1. INSURED: s.dleP Farm Enterprises, Inc. 2, ADDRESS: 815 East Main Whiteslioro, TX. 76273' 3.* STATUS OF INSURED. Corporation I Partnership 0 Individual Q 4. DESCRIPTION OF OPERATIONS: General Farm Work & Fence Construction INSURANCE POLICIES IN FORCE POLICY EFFECTIVE EXi'lF"%TION COVERAGE I NVuBER DATE DATE LIMITS OF LIABILITY I. WORi:F1EN'S STATUTORY COMPENSATI ON IL" CV-1PREHEMVE Ar Each GENERAL 46 C 43715 9-.1-78 9-1-79 Person S_10001000.00 LIABILITY Each A. Bodily Accident $ 300,000.00 Injury B. Each 0. Property Accident $ 50,000.00 Damage Aggregate $ + III, CORPRF.IIENSIVE A. Each AUTOF10111LE Person $ LIABILIM: Each A. Bodily Accident $ Injury E►, £nch B. Property AeejdCtlt Damage * COPII'Itlall:\Sl1'}'. ALTO?101411:: LIAIt11.1T1' i`SU8:1\i F. inchjdr~ Al.l. tiwiird, hircol, 6r noll. butted automotive equipment used in cottuactiou with Ilse ito-iiied upt•t.itiulsn. • I 7_-02-79 Hartford Casualty Insurance Company Date 14r010 of lasuraus r t.+ W.uty by I~ • Authorl.a•d Itrptt•:.rntativc P-O- Box 369 Whitesboro, TX 76273 Atldtvs:: u1 At tit t f, ril It%-Is1r •.•ut.iI ivs rage 30 CITY OF DENTON CERTIFICATE OF i': 11RANCE .THIS IS TO CERTIFY THAT THE Liberty Mutual Insurance Company Insurance Counyany Cf Dallas, Texas , has issued policies of insurance, as described below and identitied by a policy number, to the insured named below; and to certify tlutt such policies are in full force and effect in the State of Texas. It is agreed that none of these policies will be cancelled or changed so as to affect y this Certificate until ten (10) days after written notice of such cancellation or change has been delivered to the City of Centon,,City Hall, Denton, Texas. 2. iNSUR£D: Sadler Farm Enterprises, Inc. 2. ADDRESS: 815 East Main Whitesboro. TX 76273 30'•STATUS OF INSURED: Corporation © Partnership Individual Q 4. DESCRIPTION OF OPERATIONS: General Farm.Work & Fence Construction INSUP.ANCE POLICIES IN FORCE POLICY EFFECTIVE i ca:'I:4%TI0:1 COVERAGE ER DATE I DATE LIMITS OF L?A3ILITY I. WO MEN'S 1025039-019 1-17-79 • 1-17-80 STATUTORY . CO;~'ENSATI0:4 III IL. COMPREHENSIVE A: Each GENERAL person $ LIABILITY Each A. Bodily Accident $ Injury B. Each D. Property Accident $ Damage I Aggregate M. COMPREIIENSIVE A. Each AUTOM011 1LE Person $ LIABILITY* Ench A. Bodily Accident S I113ury R. Eac11 11. Property Accident $ Dam F,C ~ODii•KVIIENS1VK ALTOMO.MIA: 1.1MAIIATY iurho&n ALL uWSied, hired, or noel. owned automotive equiywient used in connection With the iiir.ur~d 011viatiuns. 7-02-79 Liberty Mutual Insurance Company Date Nam. vi 111%ur..11ki. t++~ uiy P-0- Box 368~~ svnt.~tivc WhLtesboro,.TX 76273 age 30 • CITY OF DENTON ttRTTFTCATF. OF INSURANCE THIS IS TO CERTIFY THAT THE Progressive County Mutual Insurance Company of Rockdale, Texas , has Issued policies of insurance, as described below and identitied by a policy number, to the insured named below; and to certify that such policies are in full force and effect in the State of Texas. It is dEreed that none of these policies will be cancelled or changed so as to affect this Certificate until ten (10) days after written notice of such cancellation or change has been delivered to the City of Denton,,City Hall, DentCn, Texas, 1, INSURED: Sadler Farm Enterprises, Inc. 26 ADDRESS: 815 East Main Whitesboro, TX 76273 384 STATUS OF INSURED: Corporation © Partnership Individual 0 4. DESCRIPTION CF OPERATIONS: Gene rglfarm works fence XX construction. INSURA;CE POLICIES 1N FORCE POLICY EFFECT %-E f Eai'IF :TIO:: COVERAGE `UvgER DATE I DATE LIMITS OF LIA3ILITY I. WORKNEWS COMPEN5AT1ON STATUTORY II, • COMPREHENSIVE I A,- Each GENERAL person $ LIABILITY Each A. Bodil) Accident $ Injury 0. Each B, Property Accident $ Damage Aggregate $ III, COI-TREHENSIVE A. Each AUTO?f011ILE of 14 285 8-28-78 8-28-79 Person $ 100,000.00 LIABILITY': F'.nch A. Dodily Accident $ 300,000.00 Injury U. Eoch B. l'ropc rty Ac c ,J dell t $ 509000-00 D.%rv% ;c M11'10:11FNSiVE AC110:10;t11a: LIAI%11.ITY 1N1SV1%ANiE itit:luder, AM. ow•tied, Hired, tir nois- owned automotive cquipu,rnt used in cortitCCtiois Vi 01 the int•UIPJ ul+rtatiutts. 7-0? 79 Eogressive County Mutual len. Co. lsilc Naoto of luaur.wtt to ~tty Byt~~~r AulGuritrd Itrptt•stut•tttvt• Box 368 Whitestoro, TX 76273 I✓ '1 •~ft'It11.('. I11 .'I1~1 1A'1' CITY of MITNTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76101 / TELEPHONE (817) 382- 9601 8-2-79 Change Order Bid Number 8667 Air Port Approach Lights Fencing Purchase Order Number 39979 FAA Project Number 5-48-0067-04 This Change Order is to cover changes in construction of the above fence. 1. Add corner wood post and to fence around t?,- L'Sht surveyed to be outside the property line and into the public roadway. 2. Add for offset of entrance gate at the north end to get further from road and make a safer entrance. r 3. Relocation of original survey of fence from the creek south to existing gate to keep out of present roadway drainage ditch. Total price for additional changes, additional material and labor is $312.28. lei 4P e_AI John t0al, PM Nick Karpi s urchaPURCHASING DEPARTMENT D/FW METRO 267.0042 k~ \i k,, ~ F X X~ i K C b 'r5 e o •71 by 'd "~c edl IJr x1 ! d r .7 .e 7r ,o Y3 ~t~ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD III THE MUNICIPAL BUILDING OF SAID CITY ON THE 15TH , DAY OF MAY, A. D. 1979, R E S O L U T I O N WHEREAS, the City Council of the City of Denton, Texas, desires to review the City Charter for the purpose of determining whether MY )i any amendments or revisions should be submitted to a vote of the ' citizens of Denton; and WHEREAS, at the Municipal Election held on the 7th day of April, zj S . 1979, a majority of the citizens voted in favor of expanding the Counci.l from five to seven members and having the Mayor elected by r" the citizens; and V WIfEREAS, it would be appropriate to form a Citizen Advisory Com- mittee to study the Charter and make suggestions for proposed amend- me nts; NOW, THEREFORE, BE IT RESOVLED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That a Citizens Charter Advisory Committee is hereby created consisting of eleven (11) members appointed by the City Council to serve for an indefinite term until such, time as the City Council abolishes the Committee. Each Council member shall appoint two per- sons to the Committee, and the Council, as a whole, shall appoint one member to serve as Chairman of the Committee. The Chairman shall vote only in cases of tie votes by the Committee. Said Committee will review the present City Charter and assist the Council in de- termining whether any amendments should be recommended and submitted to a vote of the citizens of Denton. The Committee will function at the direction of the Council and may develop such rules and regula- tions concerning their meetings as the Committee or Council so desires. PASSED AND APPROVED this the 15t day„of-fay, A. D. 1979. IV. SPI S YO AT'L' T CITY OF DENTON, TEXAS X8 HOLT, Y SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: 4A UL4, 4 StE M ~,Cc,--T TORY CITY OF DENTON, TEXAS 1 CAD y ru, ~ ~ ~ _ M Fri cn 'n 0 o r ~ ~ ~ ~ i 'L rn-i H H i ~ ~ I~ ` M ~ M ~ ~ ~ can n ~ r` ~i ~n 1 I .uj:, n M r }a ity„ " r -,•t ; s 7 pA r; N~. a,~"r. .#P to S iy t a6. p~ Y ~ 'IT ♦A^'r Itn i r~ ) .d~ ~ 1"~.'+4. ~1 ~ ~'~SR 1 rN 41 ~ ° ^ ~ r {la 1 > r ,r ~ t lA> ..r.} 1 raa °i ;i > J+~{~n t ~T~f.;n~'.~~~ #4 +CJI ~ r f r ' a•. ^ s Z. r AA d~^ , 6,.1"~ y, 7 t r 'T~°' ,p~r` r i, r w a c -.F . L < < 3 l K i.yv 1 v. w5 1 .ion, ytl xi r t s' , 6 . ~ A gai + 1 a a . ' I ~ ~ 7 I + '1 f rya r nt it . I r . Ta. f •,'w ~1 sl~ s . 4~y 'a.vt a~ • •r d.~ ~tw, J wV +~'l a J,> r Y...~ aAzvf -..A AT A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON,f~. TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 8TH DAY OF MAY, A. D. 1979. • 4 , { R E S O L U T I O N MY WHEREAS, it is necessary for the City of Denton to appoint 1 h' ? Director, to Places 3 Fnd 4 on the Texas Municipal Power Agency - Board of Directors; and WHEREAS, said Directors to the Board of Directors of the Texas Municipal Power Agency shall be chosen by the governing body of the City of Denton; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That the City Council of the City of Denton in accordarrca with Ordinance No. 75-22 hereby appoints 70ed > `Ld to Place 3 to fill an unexrired term as a Director to the Board of Directors of the Texas Municipal Power Agency, and here)-y appoints ~t~,~s/v to Place 4 to fill a two year term as a Director to the Board of Directors of the Texas Municipal Power Agency. SECTION That this Resolution shall take effect immediately from and w after its passage and it ie so oraered. x PASSED AND APPROVED *-his the 3th day of May, A. D. 1979. z > S N ASH YOR , CITY OF DENTON, TEXAS q ATTEST: / ~ CAL! VRMXS- OLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM; UL C. IS , Cl(Y.O-TTORNEY = CITY OF DENTON, TEXAS A '.4 ti .yam ~ w ~s`a mss. ~ ~ ~ b ~ -F w ~ ~ C 3 , 3~ i I 4 ~ r r e ViA':1t y 1 { '-~.---rr'y • t 4.1' ^ r ~e 1 :3 r i 's 3 a r~ ' Y } r ~ z ~ C r r r .jar t t ra " .v n f.4i~~!~x ' M1~q~'k, into ~'~,yv3r~1 4 " 4^ Ai i~a t.r-y s. a:':, ^ r~:~ "f3.C Y N '}L S 7-ry {},Yp~,~~)y La"~~iAR'A~Y r,ik~~: r :...a. w+.v .iiA .i .r .x,. xJS .r . e'a}..M f s'r J3x AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 1ST Y DAY OF MAY, A. D. 7.979. i R E S O L U T I O N WHEREAS, Big Brothers and Big Sisters of Denton County, Texas, a non-profit corporation desires to sponsor a Children's Fair for young children six years old and younger; and WHEREAS, grant funds for assisting in the development and coordination of the fair activities are available through the Texas Department of Community Affairs; arl WHEREAS, the City of Denton wishes to support the Chi.lu:cen's "9. Fair, but lacks available staff resources to directly participate; j; and *r WHEREAS, the City of Denton's only responsibility for this grant is to provide support, input and express a willingness to j participate in joint evaluation of the project. •s~~ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That the City of Denton hereby designates Big Brothers and Big Sisters of Denton County as the sponsoring representative for the City to apply for and expend necessary funds for the purposes of holding the Children's Fair in the summer of 1979. PASSED and APPROVED this the 1st day of May, III. D. 1979. VK 9. A , MAYOR CITY OF .DENTON, TEXAS k ATTEST: } 0 S HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: u CL& --PAUL C. IS , CITY TOTMEY CITY OF DENTON, TEXAS SHOW= ~-6 Ril a { . 1 C 196-1-46 Denton County STATE OF TEXAS ~ X COUNTY OF TRAVIS X THIS AGREEMENT, made this fy day of ~hk'J , 1979, by and between the City of Denton, Texas, hereinafter called the "City", Party of the First Part, acting by and through its City Council and the State of Texas, hereinafter called the "State", Party of the Second Part, acting by and through its State Highway and Public Transportation Commission. WHEREAS, it is the desire of the City to construct conc•ete pavement and incidental items within the limits of the Loop 288 underpass with Interstate Highway No. 35E and the City desires that the State shall furnish all engineering services to accomplish the work. The State shall furnish the following work and services: All engineering services, labor, materials, tools and equipment necessary to perform the required design of a turnaround at Loop 288 as indicated in general on "Exhibit A" attached hereto and made a part of this agreement, and WHEREAS, the City by the execution of this agreement agrees to the terms and conditions of Commission Minute No. 75107, as it applies to the City, a copy of which is attached hereto and marked "Exhibit B" and made a part of this agreement. NOW THEREFORE, it is understood that the performance of engir-azring services will he furnished by the State. The total estimated cost of this work amounts to Twe.ty One Thousand Five Hundred and No/100 Dollars ($21,500.00). The City will pay one hundred per cent (100x) of the cost of this work and it is estimated the City's share is Twenty One Thousand Five Hundred and No/100 Dollars ($21,500.00), and the City will "ransmit to the State with 1. the return of this agreement, executed by the City, a warrant or check made payable to the State Treasurer, Account of Trust Fund No. 927 in the amount of Twenty One Thousand Five Hundred and No/100 Dollars ($21,500.00), to be used in paying for the City's share of the proposed design work in the City of Denton. If, when preliminary engineering is completed, the actual cost of the preliminary engineering is more or less than the amount estimated herein, the deficit or surplus will be paid or refunded as soon as possible. thereafter. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate on the day above stated. CITY OF DENTON STATE OF TEXAS Party of the First Part STATE HIGHWAY AND PUBLIC TRANSPORTATION the theON COMMISSION f'~-f~~ of Second Part BYE Party ~YOr ri r Certified as being executed for the By es tz, purpose and effect of activating and/ Member pf City Co l or carrying out the orders, established policies, or work programs heretofore Byt approved and authorized by the State M mbe 'City Council Highway and Public Transportation Commission: By. Member f ty C until By: r Ass[. Engineer-Director under By: a authority of Commission Minute Xfimlcof Cit Count 70104 Recommended for execution: (State) Director, Finance Lk' 2. WHEREAS, in DENTON COUNTY on INTERSTATE HICIIWAY 35E at Loop 288 in Tenton, appropriate local officials have requested construction of a U-turn with funds provided by the City of Denton; and WHEREAS, the State Department of Highways and Public Transp- ortation desires to assist in this request; NOW, THEREFORE, the Engineer-Director is directed to enter into any necessary agreements with the City of Denton for deve;.opment of the project and to proceed in the most feasible and economical manner with construction of Grading, Structures and Surfacing at an estimated cost of $285,000, financing the cost with funds provided by the City of Denton. Minute No. 75107 November 30, 1976 "EXHIBIT B" b I flow ~T p.-op. Ref. wo i Be- 46C:1 98 835E Qe~ ; ~ a --990 5 P. Fr.vy. L on es 58 Fr. Rd. ROW ProAMR. Turnaroun c I I ! ~~oP•~~ I Ty.I L~urb~ ~ \ , I ' I e .l~YA Ixis,~Loop28S i I . 81404e. Pov.~ "'I ~ I I - G"F/ex Bane ` . I : 7'URNQRDUND 9EeT. J// 35 off A T 1. 00P 286 7144 RouNO &Nr. M64 DcNroN C: i H y4; W H 5b s' COMMISSION STATE DEPART) UST OF HIGHWAYS ENGINEER-DIRECTOR REAGAN HOUSTON CHAIRMAN AND °t1BLIC TRANSPORTATION 8 L DEBERRY DEWITT C GEEER CHARLES E SMONS P. 0. Box 3067 Dallas, Texas 75221 May 18, 1979 Control: 196-1-46 I.H. 35E: At hoop 288 IN REPLY REFER TO . Denton County FILE NO 14 AY Mr. G. Chris Harting CITY o, City Manager MANAGE+i's OFF ^E City of Denton 215 E. McKinney Denton, Texas 76201 Dear Mr. Hartung: Attached please find your execute( copy of the agreement to resign the above project. This copy is 4'or your files. Yours ver r John G. Keller District Engineer Attachment I F' f( 1 1 j 1 'i1 ,yyyayan q i ! ru.... " :..r ~r,. ! ' i c lei 1 s C N,L~,L 7 ~T~N~O' , v • xL S 4 $ , S i ' " " " ~ a~nr-•- . t "i y 7 y Y ny1 .Q ri ('1. r. L) i ' fly. t ,y "1.} ~v • y iy. t&I-k- ~ c•y`( ~ ~xt"~"~ Y ~ M1 ....s 3~'' '^;pf'.~e:y `lfi.:r, . 1.14T:" v !i: "A ~X WP~~ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON$ TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 1ST DAY OF MAY, A. D. 1979. R E S 0 L U 'i I O N A WHEREAS, Melvin Simon and Associates is developing the 5 Golden Triangle Mall at I-35E and loop 288 in Denton, Texas; t,~ 1, and WHEREAS, the r,all will increase the traffic on the streets wF in and around the mall; and WHEREAS, there exists a need for expansion of Loop 288 and for creation of a "Texas U-Turn" between the access roads of Interstate Highway 35E at Loop 288; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE } CITY OF DENTON, TEXAS: That the ty of Denton will enter into discussions with the State of texas Department of Highways and Transportat;on to explore constructing the improvements on Loop 288 and the "Texas h U-Tern" ; and ' BE IT FURTHER RESOLVED: That the developer and the City of Denton staff work to- gether on all aspects of design and engineering of the improvements, and that they report to the Council their findings and a proposal for funding the improvements. PASSED AND APPROVED this the 1st day-of May, A. D. 1979. . S. NAS , MAYOR 'a CITY OF DENTON, TEXAS ATTEST: r PRWXS H•OLT, CITY SECRETARY CITY OF DENTONO TEXAS APPROVED AS TO LEGAL FORM: P ISH HAMp CITY ATTORNEY CITY OF DENTON, TEXAS U cj: / 7'JO NO. AN ORDINANCE ANNEXING A THE"'T OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF IAND CONSISTING OF 19.678 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS, AND BEING IN THE MOREAU FORRESr SURVEY, ABSTRACT NO. 417 DENT017 COUNTY, TEXAS; CLASSIFY- ING THE SAME AS LIGHT INDUSTRIAL "LI" DISTRICT ?ROPERTY; AND DE- CLARING AN EFFECTIVE DATE. WHEREAS, the request for annexation was introduced at a regular meeting of the City Council of the City of Denton, Texas, on the petition of Mr. James Neblett; and WHEREAS, an opportunity was afforded at a public hearing held for that purpose on April 3, 1979 for all interested persons to state their views and present evidence '.-paring upon the annex- ation provided by this ordinance; and WHEREAS, this ordinance has been published in full at lest one time in the official newspaper of the City of Denton, Texas, prior to its effective data, and after the public hearings; NOW, THEREFORE, Tc,E COUNCIL OF THE CITY OF DENTON, TEXAS, ' HEREBY ORDAINS: SECTION I. That the hereinafter described tract of land be, and the same is hereby annexed to the City of nenton, Texas, and the same is made hereby a part of said City and the land and the present and future inhabitants thereof shall be entitled to all the rights and privileges of other citizens of said City ar.d shall be bound by the acts and ordinances of sail- i;ity nuw in effect or which srly hereafter be enacted and the rroperty situated therein shall be subject to and shall bear its pro-rats part of the taxes levied by the City. The tract of land hereby annexed is described as follows, to-wit- All that certain tract or parcel of laid situated in the Moreau Forrest Surveil, Abstract No. 417, Den.:on County, Texas, and being part of Lot 2, Block A of the Subdiv`.sion of said survey as re- corded in Volum,t 50, Pate 236 Deed Kecords of Denton County, this tract being part of a 114.013 acre tract conveyed to Mary Patchell and recorded in Volume 304 Page 5':8, Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a steel pin or the north city limits of Denton, Texas, at a point north 80° 51' east 973.59 feet and north 0' 52' 41" west 606.34 feet from the south-southeast corner of a (called) 3.465 acre tract described in a r;med from Margsam Investment Company, loc. to James C. Payne as reeoried in Volume 522, Page 501, Deed Records of said County; THENCE north 0° 52' 41" west 983.32 feet to a steel pin for corner; THENCE north 63° 50' 59" east. 580.07 feet to a steel pin in the center of an east-west road; THENCE south 83° 23' 62" east with the center of said public road 267.42 feet to a steel pin for corner; THENCE south 0' 52' 41" east 1081.28 feet to a steel pin on the north line of said city limits; THENCE south 80' 51' west 670 feet from and parallel to the center- line of U. S. Highway 380 a distance of 797.99 feet to the place of beginning and containing 19.678 acres of land, more or less. SECTION II. The above described property is hereby classified as Light Industrial "LI" District and shall so appear on the official zon- ing map of the City of Denton, Texas, which snap is hereby amended accordingly. SECTION III. This ordinance shall be effective immediately upon its pass- age. PASSED AND APPROVED this the day of A.D. 1979. O MAYOR CITY OF DENTON, TEXAS 4ATTES SECRE R DENTON, TEXAS APPROVED AS TO LEGAL FORM; ~ 6 F MY ATTORNEY CITY OF DENTON, TEXAS 'l~ 3y I I Ll \oQ 9~ ~ l c~D ~ ~ ~t- ~ J I ~ l ~i ~ 1) P~ J c! ' t+ ii~ 'a m r - t <1 r t . [ 1 f xtL1 w Fi 1 ~i~i 1 r ~jy v,1 a v.:V~~) q ♦ d v i f r~ y , 1' [ C al ]j i¢. i TY 'C. }Y. 1 v IpS'ys.~+~ fx li 2 [ .j:~ `R , t AT A REGULAR MEETING Of' THE CITY COUNCIL OF THE CITY OF ENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE V OIDAY OF ~cs~, A. D. 1979. r-'--~` i R E S O L U T I O N WHEREAS, Article VIII, Section 1-b of the Texas Constitution provides that political subdivisions of the State may exempt from ad ; a~ valorem taxes, not less than Three Thousand Dollars ($3,000.00) of the assessed taxable value of resident homesteads of persons sixty- 1 v five (65) years of age or older; and r ra WHEREAS, by Resolution dated January 16. 1973, the City Council approved an exemption of Three Thousand Dollars ($3,000.00), by Reso- lution dated June 7, 1977, the City Council approved an exemption of Four Thousand Five Hundred Dollars ($4,500.00), and by Resolution dated October 4, 1977, the City Council approved an exemption of Si-., Thousand Dollars ($6,000.00); and WHEREAS, the City Council of the City of Denton desires to raise btu the exemption so as to reduce the taxes paid by the elderly. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY f OF DENTON, TEXAS: That pursuant to Article VIII, Section 1-b, of the Texas Con- stitution, the exemption for re-ident homesteads is raised from Six Thousand Dollars ($6,000.00) t.o Eight Thousand Dollars ($8,000.00) a of the assessed taxable value of resident homesteads of persons of sixty-five (65) years of age or older, and such value shall be ex- empt from City Ad Valorem Taxes when taxes are levied for the year 1979, and all subsequent levies. That this Resolution shall be effective immediately after is passage. 'f# PASSED AND APPROVED this the ~ day of A. D. 1979. BILL NASH, OR r CITY Or DENTON, TEXAS ATT T:i KS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMr PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON? TEXAS ~ , k~ ~ <~s {~y I ) . 1 ~ j1j S ~ I 1 a ' I 2,0. AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS ADOPTING THE PROVISIONS OF THE TEXAS ALCOHOLIC BEVERAGE CODE PERTAINING TO EXTENDED HOURS FOR LAWFUL SALE, POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES, TO GRANT TO RETAIL DEALERS ON-PREMISE LATE HOURS LICENSEES, PRIVATE CLUB LATE HOURS PERMIT- TEES, AND TO CONSUN.ERS OF ALCOHOLIC BEVrRAGES THE RIGHTS AND PRIVILEGES PROVIDED FOR IN SUCH PROVISIONS OF THE TEXAS ALCOHOLIC BEVERAGE CODE; PROVIDING FOR A LOCAL FEE AS AUTHORIZED BY THE TEXAS ALCOHOLIC BEVERAGE CODE; PROVIDING A PENALTY; AND DECLARING AN EMER- GENCY. WHEREAS, the Legislature of the State of Texas enacted the Texas Alcoholic Beverage Code, by Acts 1977, 65th Leg., Chapter 194 and amended by Acts 1977, 65th Leg., Chapter 453, both effective September 1, 1977, to authorize the governing body of any incorpor- ated city or town located in any county with a population of less than three hundred thousand (300,000) inhabitants according to the last prec Aing federal census, by ordinance to adopt the extended hours during which alcoholic beverages may be lawfully consumed in a public place, and the extended hours during which alcoholic bever- ages may be lawfully sold on premis••s, in conformity with the provi- sions of the Texas Alcoholic Beverage Code; and WHEREAS, the City of Denton, Texas is located in Denton County, State of Texas, which said county ha„ a population of less than three hundred thousand (300,000) inhabitants according to the last preceding federal census; and WHEREAS, the City Council of the City of Denton desires to grant to Retail Dealers On-Premise Late Hours Licensees, Private Club Late Hours Permittees, and to consummers of alcoholic beverages the rights and privileges provided for in the Texas Alcoholic Beverage Code; and WHEREAS, the Texas Alcoholic Beverage code authorizes the govern- ing body of a city or town to levy and collect a fee not to exceed one-hr.lf the state fee for a permit or license issued for the premise located within the city or town; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. It shall be lawful for any parson within the corporate limits of the City of. Denton to consume an alcoholic beverage in a public place or possess an alcoholic beverage in a public place for the purpose of consumming the same in such public place during the extended hours granted by the Texas Alcoholic Beverage Code. SECTION II. It shall be lawful for the holder of a Retail Dealer's on- Premise Late Hours License withl. the corporate limits of the City of Denton to sell beer or offer the same for sale during the extended hours granted and authorized by the Texas Alcoholic Beverage Code. SECTION III. It shall be lawful for the holder of a Private Club Late Hours Permit within the corporate limits of the City of Denton to sell or offer for sale mixed beverages, and permit persons to consume or be served mixed beverages during the extended hours granted and author- ized by the Texas Alcoholic Beverage Code. SECTION IV. No holder of a Retail Dealer's On-Premise Late Hours License from the Texas Alcoholic Beverage Commission shall engage in such operation within the corporate limits of the City of Denton without having first paid to the City Secretary a non-refundable annual city fee in the amount of one-half (1/2) the state fee for each license so issued. SECTION V. No holder of a Private Club Late Hours Permit from the Texas Alcoholic Beverage Commission shall engage in such operation within the corporate limits of the City of Denton without having first paid to the City Secretary a non-refundable annual city fee in the amount of one-half (1/2) the state fee for each permit so issued. SECTION VI. Any person who violates any provision of this ordinance shall be guilty of a separate offense for each day or portion thereof during which any such violation is committed, continued or permitted, and each offense shall be punishable by a fine of not more than $200.00. SECTION VII. The fact that the City of Denton and its inhabitants find it undesirable and dangerous for its citizens to travel on the public highways to other neiciiboring cities for late night entertainment, creates an urgency and an emergency in the preservation of the public health, safety and welfare, ind requires that this ordinance shall take effect immediately from and after its passage, as the law in such cases provides. PASSED AND APPROVED on this the1 day of 1979. BILL NASH, MAYOR CITY OF DENTON, TEXAS ATTESS OKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS To LEGAL FORM: PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS / ~ ~ ~ Ef~ ' ~ ~ ~ - ~ x,, N0. AN ORDINANCE APPROVING THE PLANNED DEVELOPMENT GENERAL SITE PLAN AND GENERAL SITE PLAN CONDITIONS FOR PLANNED DEVELOPIIENT-22 IN- CLUDING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF 157 ACRES OF LAND LYING AND BEING SI'T'UATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING IN THE THOMAS LABOR SURVEY, ABSTRACT NO, 779 AND NATHANIEL BRITTON SURVEY, ABSTRACT NO. 51, DENTON COUNTY, TEXAS; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the 157 acre tract of land was annexed to the City of Denton, Texas, and classified as Planned Development "PD" District Property by Ordinance No, 77-•5 passed February 1, 1977; and WHEREAS, the original planned development by the developers of the property '.as been substantially changed and modified, and the City Council of the City of Denton wishes to adopt a general site plan and general site plan conditions to the planned development; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HERE- BY ORDAINS: SECTION C, That the general site plan conditions stated in the attached Exhibit "A" and the site plan indicated by the attache,;. drawing, Exhibit "B", are hereby approved for the Planned Development "PD" District Property designated as PD-22, and which land is more fully described in Ordinance No, 77-5 passed by this Council on ?ebruary 1, 1977. SECTION II. That this ordinance shall be in full force and effect immedi- ately after its passage and approval. PASSED AND APPROVED this the lst_ day of M , A. D. 1979. CITY OF DENTON, TEXAS ATTEST, B S HOLT, CITY SECRETARY C TTY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: A rL C. !SHAM, CITY ATTO E CITY OF DENTON, TEXAS '~ao C ~ fv s .w THE AMERICAN INSTI T U-fE OF ARCHITECTS a AAA Document A101 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1977 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCkS; CONSULTATION WITH AN ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION Use only with the 1976 Edition of AIA Document A201, General Conditions of the Contract for Construction. This document has be I approved and endorsed by The Associated Generzf Contractors of America. AGREEMENT f made as of the fifteenth (15th) day of May in the year of Nineteen Hundred and Seventy-Nine (15 May, 1979) BETWEEN the Owner: The City of Denton County of Denton, Texas and the Contractor: Miller Construction Company Fort Wor:h, Texas The Project: Dentou Park and Concession Structures for location in various parks for the City of Lnnton Department of Parks and Recreation. The Architect: Hatfield Halcomb Architects Architects - Planning Consultants Dallas, Texas The Owner and the Contractor agree as set forth below. Copyright 1915, 1918, 1925, 1937, 1957, 195x, 1%1, 1%3, 1%7, 1971, C 1971 by the American Institute of Atchilecls, 1735 New York Avenue, M.W., Washington, D. C. 20006. Reproduction of the material herein or substantial quotation of its provisions without permisslon of the AM violates the copyright laws of the United States and witl be subject to legal prusecution. AIA DOCUMENT A111 0 OWNER-CONTRACTOR AGREEMENI I FLEVENTH EDITION o JUNE 1977 , A11A 0107 1 111E AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NAV., WASHINGTON, 0. C. 20006 A101-1977 1 ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, the Conditions of the Contract (General, Supplementary and other Conditions), the Drawings, the Specifications, all Addenda issued prior to and all Modifications Issued after exe- cution of this Agreement. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. An enum.ration of the Contract Documents appears in Article 7. ARTICLE 2 THE WORK The Contractor shall perform all the Work required by the Contract Documents for Mere Inren the evilon deurlpllee oP the Work as used on other contract Document! 1 the ::onstruction of free standing structures it the park locations as follows: North Lake Park: One (1) Unit "A" - Concession/Restroom Structure Mack Park (North): One (1) Unit "A" - Concession/Restroom Structure Mack Park (Sough): One (1) Unit "A" - Concession/Restroon Structure Fred Moore Park: One (1) Unit "A" Concession/Restroom Structure ARTICLE 3 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The Work to be performed under this Contract shall be commenced upon the date stated in the owner's written "Notice to Proceed" with the work. and, subject to authorized adjustments, Substantial Completion shall be achieved within one hundred and eiQht{~ six (186) calendar da+s. (HerYfnse ll any rpedel Ororluau fa hg ted dimelee reAtina to hllure to comp7ere on lime.) Ct9 0 THE AMERICAN INSTITUTE OF ARCHITECTS, 7S AGREEMENT VOR AVE., EDITION ASH0 JUNE 1977 a INGTON, D.C. A20t106 A101.1977 2 e ARTICLE 4 CONTRACT SUM the Owner shall pay the Contractor in current funds for the performance of the Work, subject to additions and deductions by Change Order as provided in the Contract Documents, the Contract SUM of One Hundred Ten Thousand Five Hundred Eight and DD/100's ($110,508.00). The Contract Sum is determined as follows: r !State here thv base brd or other, lump rum amount, accepted ahernatrs, and unit prices. a applicabfe.) Bid Item No. 1 r-------------------- $27,027.00 Bid Item No. 2 27,627.00 Bid Item No. 3 27,627.00 Bid Item No. 4 27,627.00 Contract Sum $110,508.00 ARTICLE S PROGRESS PAYMENTS Based upon Application; for Payment submitted to the Architect by the Contractor ano ' irtificates for Pa tment Issued by the Architect, tie':,i,vner shall malt: progress payments on account of the Contract Sum to the Contractor as pro- vided in the Contract Documents for the period ending the twenty-fifth (25th)day of the Monti as follows: Not later than fifteen (15) days following the end of the period covered by the Application fo: Payment ninety percent I go"M of the portion of the Contract Sum properly allocable to labar, materials and equipment incorporated in the work and n- y percent ( 9D of the portion of the Contract net Sum properly allocable to materials and equipm eA suitably stored at the site or at some other location agreed upon in writing, for the period covered by the Application for Payment, less the aggregate of previous payments made by the Owner; and upon Substantial Completion of the entire Work, a sum sufficient to increase the total payments to ninety-five percent ( 950/6) of the Contract Sum, less such amounts as the Architect shall determine for all incomplete Work and unsettled claims as provided in the Contract Documents. fN not covered ehj~ here In the Contract Documents, here Insert Any provldon W Iimrunl or rrduc cis the amount retained alter the work reaches a certain stale of comprerion.I Payments due and u ipaid under the Contract Document: shall bear interest from the date payment is due at the fate entered below, or in the absence thereof, at the legal rate prevailing at the place of the Project. Were Insert any rate of Interest Agreed upon.! U yy Ina and aqquirrmenu under the federal truth rn :endrnl Act, similar stale and local consumer credit laws and other rr1JCroM el the Owner's A, contracfoes winc,pal plans of business, the foution m the Project and elsewhere may affect she wfid+ty of uric provhfon. Specific fecal advice should h owersed with rewcr to defetlon, modirution, or other requirements such a wrinen disclosures or warven) t,1A DOCUMENT A101 a 01INMR•CONTRACTuK 1GREENIFali ' ELEVENTH EDITION a JUNE 1977 a AIAAI 01971 4 THE AMERICAN INSTITUTE OF ARCHITECTS, 1'aS NEW YORK AVE., N.W., WASHINGTON, D, C. 1{yJOb A101.1977 3 wralsa~~ ARTICLE 6 FINAL PAYMENT ' Final payment, tonstiluting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor when the Work has bee 1 completed, the Contract fully performed, and a final Certificate for Payment has been issued by the Architect. ARTICLE 7 MISCELLANEOUS PROVISIONS 7,1 Terms used in this Agreement which are definr I in the Conditions of the Contract shall have the meanings eesignatc in those Conditions. 7.7 The Contract Documents, which constitute the entire agreement between the Owner and the Contractor, are ;isted in Article 1 and, except for Modifications issued after RKecution of this Agreement, are enur"erated as follows: f0st below the Ag,eemens, she Condlrion, of the Conh.e/ rCene,.I, Su/ple men r.. , .nd whe, Cond iroml, the O,awinp, the specificau m, aad any Addends and accepted Ownaes, ;how:ng page os sheer numbers In all carer and dale; where appbcabte.J Standard Form of Agreement Between Owner and Contractor - (AIA Document A101 - 1977 Dated 15 May 1979 Project Manual dated 16 April 1979 including plans and specifications (applicable portions for Unit "A" - Bid Item Nos. 1 through 4), ,Addendum No. 1 dated 19 April 1979 This Agreement entered into as of the day and year first written above. Owner: The City of Denton Contractor: Miller Constriction Company Denton, Texas Fort Worth, Texas By: By: ~11 lZ, Ma Kenneth Miller City of Denton Attested: By: A-;~ City Secretary City of Denton Approved: By: Attorney City of D-inton (Affix Seal) AIA DOCUMENT Atli a OWNER•CONT0.kCTOR AGREEMENT ELEVENTH EDITION a JUNE 1971 a AIM 01977 6 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE,, N,W„ WASHINGTON, D. C. 2(1004 AIOI.1977 4 ~ ~ b ~ , ~g ~ ~ ~ ~ ~J + ,r q 1°i a 77.2 77-7 f " s vr~ 1 ~--^"J"-~ 1 ..i t _ y~~ u 1 4• a Y i ! ~ ...,~{~I R" i"J ~ NO. 7 ~ 3 7 i---- AN ORDINANCE AMEND:[NG ORDINANCE NO. 78-24 BY ADDING AN ADDITIONAL SUBSECTION (g) TO CHAPTER 25, SECTION 25-49 (b) (1) CONCERNING THE COMPUTATION OF THE CHURCH SEWAGE RATE; AND DECLARING AN EFFEC- TIVE DATE" THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: PART I. That Chapter 25, Article III, Division 2 "Service Rates" Section 25-49 (b) is hereby amended to add the additional language and read as follows: "Section 25-49 - Schedule (b) COMMERCIAL AND INDUSTRIAL (8-2)~ (h) CHURCH RATES; 0-2,000 gallons $2.95 above 2,000 gallons .53 per 1,000 gallons ; Billing based on 98% of water consumption, Maximum ¢ billing of March through November shall be based on second highest non irrigational month (December through February) water consumption, New Church customers that do not have a full prior non irriga- tional history (November through March) will have a maximum bill based on 98% of water consumption or rt 7,000 gallons of water consumption, whichever is less," PART II. That this ordinance shall become effective with water meters read on or after the 10th day of June, 1979, and with s$tatements computed and mailed after June 10, 1979; and the City Secretary is directed to cause the caption of this ordinance to be published tvpice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its Passage. PAS~:ED AND APPROVED this the 8th da of May, A D. 1979" W. S. NABHt MAYOR CITY OF DENTON, TEXAS ATTEST- lifit-,~y R0 , CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: PA C , ! SS~ATTORNEY C.CTY OF DENTON, TEXAS ~'4 ~'b c i I r. a}3 s e a~~ ) C-SOf=QL'I'r fL.U41.,DLCQ. _Wllli.[I~¢x_7o1uC,e.i,d_N'dga Fev~f~A.luorludemwle _ ~'~`-HARTS t~Eallo¢" 0¢,~Jkllu~ r r~ i I EA rQ1ATE O Y! r11- r 11AS) KNOW ALL MBN BY THESE PRESENTS: DEED RECORDS That The City of Denton, Texas, a Municipal Corporation 1.2.'x,,13 of the County of Denton Auld State of Texas , for and In consideration of the sum of I Ten 6 No/100 ($10,00) and other good and valuable consideration to it In hand paid by Mrs. L. L. McAninch of the County of Denton and State of Texas , the receipt of which ! is hereby acknowledged, do, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER QUIT CLABI unto the said Mrs. L. L. McAninch her heirs and assigns, all its righttitle and interest in and to that certain tract or par- cel of land lying Ili the County of Denton and State of Texas, described as follows, to-wit: 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 N. H. Meisenheimer Survey, Abstract No. 811, and being part of Lot No. 3 of the Replat of the Lee Pool. Addition, an addition to the City and County of Denton, and also being part of a tract of land as recorded by.plat dated June 5, 1973 and filed in Volume 9, Page 27 of the Plat Records of Centon County, Texas and more parti- cularly described as follows: J COMMENCING at the northwest corr,er of said Lot 3 of, the Pool Addition, said point lying in the east ric-ht of way line of North Locust Street; i THENCE south 00 06' east along the west boundary line of said tract a distance of 6.0 feet to the place of beginning; THENCE north 89° 48' east 6.0 feet south of and parallel to the north J boundary line of said tract a distance of 117.00 feet to a point for a corners i I THENCE south 10 12' east a distance of 4.0 feet to a point for a corner; THENCE south 890 48' west 10.0 feet south of and parallel to the north boundary line of said tract a distance of 117.00 feet to a point for a corner, said point lying in the e,-lst right of way line of North Locust Street; THENCE north 00 06' west a distance of 4.0 feet to the place of beginn- ing and containing 468.0 square feet of land, more or less. TO HAVE AND TO HOLD tho said premises, together with all and singular the rights, privi. leges and appurtenances thereto In any manner belonging unto the said City of Denton, Texas, its successors >Qx4za an' -saigns, forever, so that neither the said City of Denton, Texas, its successors xo*~ xkAw, nor any person or pcrPons clalming under it shall, at any time hereafter, have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part there- of. WITNESS my hand at Denton, Toxas this o~5rot day of May A. D. 1979 U rNU N, .!JyFttt"~iio a~{fl~cquest Uf crnn(or: CITY ji. NTC TCx11 -o Af0 llY.,o~_ We S. NA531, MAYOR -1 +HROIllte`liOl CI'PY~SI 0 rm 975._ 1 Tti .:Y•. ~..:lt ♦ ...1.1~.` ..sGIr .C....: /.J_-.... .::.V .5..~c.S .:a3:1 _IYa~ Lf •.L ~.~1 ~k♦I.FL..Yt' 1 SINGI,t; ,~clcnowr,r,nG~r1':N'r ,VOI 9119 1'hCEJ~rJ ATE ,r,, 1111', ,ti1:111v UI' II',\rlS, COUNTY, 4 ' . W4 TON 1311:1-Y)NE DI's, the undrrhigned authority, In uud far~tai fC1 1t Ay ~iA v;cr, ort thi t <1 i peen„sally npprurrd 11.4 __S t 1511, MWIQL Of „tllo City. Qf. Denton,; ."lg4nv'•;< 1 • *and off9.cer knarrn In nn• to be ~ha~ irr.,,,p ;0t ;u Lear nanuc j.8 t,uh,, t ibrd to the forcginng inslnimrnt and uvkn„wledgrd to 1110 that \ he '.rxer~llh~e':rr~,~fgr the purpo;ms and cruisi,krntion Shrrcin ost,rraae,l, N,jf,.VhI;J. }t5 J(AND AND SEAL OF OFFICE, Thin SC`C they of May 1.1). 19 7 4. Nuhvy tie, . DCRtc v1 County. Texns My Cnmmisxiun }:xpRrs danrF;-f9'.~- JOIN'r ACKNOWITJTC,115Nl THE STATE OF TEXAS, COUNTY OF......... BEFORE ME, the undersigned atithorlty, in and for sold County, Texas, on this day personally appeared his wife, both known to me to be the persons whasr rwrnrr oro sub~crtbcd to tho for going Instrurrent, and acknowledged to mo that they each r.xccuted the same fur the purpo-es will con>i lcrotion, therein expres::ed, and the said wife by me privily and apart from he _ , e of th e sa id _ having been her husban,% and having the same fully explained to her, she, the said she derlarcd that a+c had willirgly signed the sat•to for the purpcsca'nu dhccnidrratianstherein exp bssed, rcttha.rshe did not wis}r to retract it, GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of , A.D. 19.......... (L.S,) _............Count,.. Notary Public, _ _ y, Texas as My CrnnmisAon Expires June 1, 19.... NVIFE'S Shl'AHATE ACKNOWLEDGMENT _ T11E STATE OF TEXAS, COUNTY OF I3 F,F'OftE 411E, the undersigned authority, !n and for said County, Tex-vi, on this day pcr. onally appc:;nod in own wife of known to n,e to be the person whose n2mo, ;s subscribcl to tt.o forrgoinq instrument, nrnl hiving been exrntirrd by me privily and npart from her h-n,band, and hachig the sown fully explained to hcr, 11110, the said sl.c declared tlt,d. she lia i ~.viilingly signs.' th., same for the put pnsestr id ccnstdrratron therein e_prc s J, ;nlr that shit did not wis:i to rettact it. GIVEN UNDER MY HAND AND SEAT, OF 0:'FfCFT,Thix... day of _ A.D. 19.,.,..... x Notary Public, . ........t,ountY, Texas My Coimrlsaion Expires June 1, IV__ 4, 4.- - ~J lj{iZ CERTIFICATE THE STATE OF T 9 L~ COUNTY OF V g^ g ntment of writing dot ' the Clerk of the Count Cour° irri~aCoun~~ Qcrtffy that the fore oin taste Count y ell on th IN/ of.... 3~..T _ y l. I D~D With ts CCItif!Olte of Authentication, wns Aled for record In my oince on the•1 s, ry of y A, 1). 10 at . o'clock Ill., and (Idly recorded this da o r l~ y fi' T 1~ !3 Q,~ r4i A. D. 19... at o'clock D1 , in the t t~ S ~ c q 41R( erid Courty, r',r Veiume,. , , on pages „ ITNEti., DIY HAND A'..4D I F'+11~L C l tf Y' ` L T o: ^:t;rl County, at cillce in . w!. , tit cyy rf4 yc:, fast abr:c v;•ritteu, ti i County Clock_,. .......................County, Texns. (f. y.) B II q i is i~t p f j U' Ss II~.~i~ 0 FA if LI x 'z' H 11 Wp~ ri ~y 0 114 Yom . rl t ou THE STATE OF TEXAS a RELEASE COUNTY OF DENTON ¢ WIIEREAS, thu City of Lenton has embarked on a bearntification program and is desirous of removing Junked vehicles in the City of Denton; and WHEREAS, AAA Auto Salvage is agreeable and willing to remove junked vehicles from property inside ''he City limits; and WHEREAS, the City of Denton agrees to hold AAA Auto Salvage harmless from any liability concerning the value of the junked vehicle removed or from any liability concerning the authority to remove the vehicle. NOW, THEREFORE, the City of Dentoa hereby releases and holds harmless AAA Auto Salvage its owners, employees, agents or designates from any liability concerning the authority or the legality in re- moving any junked vehicle or the value of any vehicle removed; how- ever, the City of Denton does not release from liability or hold harmless the above party from any acts of negligence which cause property damage to the premises which are entered for the purposes of removing a vehicle. This agreement is valid for one (1) year from the date of execution unless extended by agreement of the parties. EXECUTED this the day of May, A. D. 1979. CITY OF DENTON, TEXAS BY: 14 AAY ATTEST: n~ WOO XS HOL'1 ;CITY SECRETARY ITY OF DENTON, TEXAS 1. .1jri w ~ fop . ~ ~ 9 ~ 9 n na d I I 7THETE OF TEXAS RELEASE COUNTY OF DENTON 0 WHEREAS, the City of Denton haj embarked on a beautification program and is desirous of removing Junked vehicles in the City of Denton; and WHEREAS, B & 0 Gulf is agzeeable and willing to remove jn_iked vehicles from property inside the City limits; and WHEREAS, the City of Denton agrees to hold B & 0 Gulf harmless from any liability concerning the value of the jixnked vehicle re- moved or from any liability concerning the authority to remove the vehicle. NOW, THEREFORE, the City of Denton hereby releases and holds harmless B & 0 Gulf its, owners, employees, agents or designates from any liability concerning the authority or the legality in re- moving any junked vehicle or the value of any vehicle removed; however, the City of Denton does not release from liability or hold harmless the above party from any acts of negligence which cause property damage to the premises which are entered for the purposes of removing a vehicle. Thirs agreement is valid for one (11 year from the datb of execution sinless extended by agreement of the parties. EXECUTED this the,L__ day of May, A. D. 2979. CITY OF DENTON, '.TEXAS BY: Y R ATTEST: HO LT, CI SECRETARY My OF DENTON, TEXAS j f ~m C> If THE STATE OF TEXAS ¢ RELEASE COUNTY OF DENTON WHEREAS, the City of Denton has embarked on a beautification program and is desirous of removing junked vehicles in the City of Denton; and WHEREAS, Waller Exxon is agreeable and willing to remove junked vehicles from property inside the City limits; and WHEREAS, the City of Denton agrees to hold Waller Exxon harm- less from any liability concerning the value of the junked vehicle removed or from any liability concerning the authority to remove the vehicle. NOW, THEREFORE, the City of Denton hereby releases and holds harmless Waller Exxon its owners, employees, agents or designates from any liability concerning the authority or the legality in removing any junked vehicle or the value of any vehicle removed; however, the City of Denton does not release from liability or hold harmless the above party from any acts of negligence which cause property damage to the premises which are entered for the purposes of removing a vehicle. This agreement is valid for one (1) year from the date of execution unless extended by agreement of the parties. EXECUTED this the -L_ day of !Say, A. D. 1979. I CITY OF DENTON, TEXAS BY ; AA OR I ATTEST; R KS 11OLT0 CITY SECRETARY CITY OF DENTON, TEXAS t' ~ g E ~J ZIP ~xt- AGREEMENT FOR ENGINEERING SERVICES MADE AND ENTERED INTO by and between the CITY OF DENTON, a municipal corporation in Denton County, Texas, located at the Municipal Building, 215 East McKinney Street, Denton, Texas 76201, hereinafter called the "Owner" and SCHOELL, FIELDS & ASSOCIATES, INC., a Texas corporation, 1214 Fort Worth Drive, Denton, Texas 76201, 'hereinafter called the "Engineer". The Owner intends to remove an existing bridge carrying the Missouri Pacific Rail- road track over Robertson Street in Denton and to replace it with a new bridge, Such improvements are hereinafter refered to as the "Project". Where refered to in this agreement, "Railroad" shall mean the Missouri Pacific Railroad Coin- Pany. SECTION I The Owneer agrees to employ the Engineer and the Engineer agrees to perform professional engineering services in connection with the Project as stated in the Sections to follow, and for having rendered tuch services, the Owner agrees to pay to the Engineer compensation as stated in the Sections to follow. SECTION 11 A. PRELIMINARY PHASE. When authorized in writing by the Owner, the ' Engineer shall: 1. Attend preliminary conference with the Owner regarding the Project. 2. Perform site survey, 3; Attend preliminary conferences with representatives of the Railroad. 4. Arrange for foundation investigation. . 5. Prepare a preliminary engineering study and report on the Project in sufficient detail to indicate clearly the problems involved and the alternate solutions available to the Owner, to include preliminary layouts, sketches and cost estimates for the Project, and to set forth clearly the Engineer's recommendations, 6. Furnish the Owner fifteen (i5) copies of the preliminary report, including preliminary layouts, sketches and cost estimates. -l- B. DESIGN PHASE, When authorized in writing by the Owner, the Engineer shall: 1. Perform such additional field surveys as required to complete design of the Project, 2. Attend conferences with the Railroad, if required, to assist in the preparation of an agreement between the Railroad and the Owner, which agreement shall describe all items of work which will be done by the Railroad at the expense of the Ow-ier. 3. Furnish to the Owner, where required by the circumstances of the assignment, the engineering data necessary for applications for routine permits by local, state, and federal authorities. 4. Prepare detailed specifications and contract drawings for construction authorized by the Owner. These designs shall in all respects combine the application of sound engineering principles with a high degree of economy, and shall be submitted to the applicable state and federal agencies and to the Railroad for approval. Such designs shall include all modifications necessary to obtain Railroad approval. 5. Prepare detailed cosh, estimates and proposals of authorized construction, which shall include summaries of bid items and quantities which will be based, wherever practical, on the unit price system of bidding. 6. Furnish to the Owner all necessary copies of approved plans, specifica- tions, notices to bidders, and proposals, 7• Assist the Owner in the opening and tabulation of bide for construction of the Project, and recommend to the Owner as to the proper action on all proposals received. C. CONSTRUCTION PHASE. When authorized in writing bX the Owner, the Engineer shall: 1. Assist in the preparation of formal Contract Documents for the contracts. 2. Arrange and attend a pre-construction conference for all parties whose work must be coordinated during construction, - 2 - 3. Lay out the work at the site and provide bench marks and index points from which the Project components may be located. 4. Make periodic visits to the site at critical phases of construction to observe the progress and quality of the executed work and to determine in general if the work is proceeding in accordance with the Contract Documents. In performing this service, the Engineer will not be re- quired to make exhaustive or continuous on-site inspections to check the quality or quantity of the work or material; he will not be respon- sible for the techniques and sequences of construction or the safety pre- cautions incident thereto, and he will not be responsible or liable in any degree for the contractor's failure to perform the construction work in accordance with the Contract Documents. During visits to the construc- tion site, and on the basis of the Engineer's on-site observations as an experienced and qualified design professional, he will keep the Owner in- formed of the extent of the progress of the work, and advise the Owner and Contractor of material and substantial defects and deficiencies in the work which do not meet the requirements of the plans and specifications, and which are discovered by the Engineer or otherwise brought to the En- gineer's attention in the course of construction, and will on behalf of the Owner, exercise whatever rights the Owner may have to disapprove work and materials as failing to conform to the Contract Documents. i 5. Consult and advise with the Owner; issue all instructions to the con- tmactor requested by the Owner; and prepare routine change orders as required. 6. (Left blank) -3- 7. Review samples, cataloG data, schedules, shop drawings, laboratory, shop and mill tents of material and equipment and other data which the con- tractor is required to submit, only for conformance with the design concept of the Project and compliance with the informati-on given by the Contract Documents; and assemble written guarantees which are required by the Contract Documents, 8, Prepare or review monthly and final estimates for payments to contractors, and furnish to the Owner any necessary certifications as to payments to contractors and suppliers. 9. Conduct, in company with the Owner, a final inspection of the Project for conformance with the design concept of the Project and compliance with the Contract Documents, and approve in writing final payment to the contractor. 10. Revive contract drawings to show the work as actually constructed. Furnish a set of prints of theoe revised drawings to the Owner. SECTION III This Agreement shall be effective upon execution by the Owner and the Engineer, and shall remain in force until terminated under the provisions hereinafter provided in Section VII. SECTION IV For and in consideration of the sere'-es to be rendered by the Entineer, the Owner shall pay, and the Engineer shall receive the compensation hereinafter set forth. For all work described in the Preliminary Phase,. Section 11 A, including foundation investigation, the Lump Sum of Ten Thousand Five Hundred Twenty and no/100 Dolloars ($10, 520.00), payable upon the owner's acceptance of the preliminary study and report. For all work described In the Design Phase, Section 11 B, the Lump Sum of Fifteen Thousand Nine Hundred Fifty and na!100 Dollars ($15,950.00), payable upon the Onwer's acceptance of the plans and specifications. -4- For all wort: described in the Construction Phase, Section I[ C, Paragraphs 1, 2, 5, 7, 8 and 9, the Lu:np Sum of Three Thousand and no/100 Dollars ($3,000.00), payable upon completion of the Project and acceptance by the Owner. For all work described in the Construction Phase, Section II C, Paragraph 3, the unit price of Forty and no/100 Dollars ($40.00) per hour of three- man survey party time, payable monthly upon presentation of invoices by the Engineer and approval by the Owner. For all work described in the Construction Phase, Section II C, Paragraph 4, the unit price of Twenty Five and no/100 Dollars ($25,00) per hour of Engineer's time, payable monthly upon presentation c' invoices by the Engineer and approval by the Owner. For all work described in the Construction Phase, Section II C, Paragraphs 6 and 10, a sum equal to the payroll cost of the Engineer's personnel time required multiplied by a factor of. 1. 70, payable monthly upon presentation upon presentation of invoices by the Engineer and approval by the Owner. SECTION V The Engineer will make, without expense to the Owner, such revisions of the ' preliminary drawings as may be required to meet, the needs of the Owner, but after a definite plan has been approved by the Owner, if a 6ecision is subse- quently made by the Owner which, for its proper execution, involves extra services and expenses for changes in, ov addition to the drawings, specifications or other documents, or if the Engineer is put to labor or expense by delays . imposed on him from causes not within his control, such as by (but not limited to) the readvertisement of bids or by the delinquency or insolvency of contractors, the Engineer shall be compensated for such extra services and expense, which services and expense shall not be considered as covered by the fees stipulated in Section IV of this Agreement. Compensation for such extra services shall be at salary cost times a multiplier of 1. 70, and reimbursement for direct non- labor expense and subcontract expense at invoice cost. SECTION Vf Original documents, plans, design and survey notes represent the product of training, experience, and professional skill, and accordinly belong to, and remain the property of the Engineer. The Owner may at his expense retain reproducible copies of drawings, and copies of other documents, in consideration of which it is mutually agreed that the Owner will use them solely in connection with the project. 5 - SECTION VII Either party to this Agreement, may terminate the Agreement by giving to the other thirty days' notice in writing. Upon delivery of such notice by the Owner to the Engineer, and upon expiration of the thirty-day pariod, the Engineer shall discontinue all servicea in connection with the performance of this Agreement and shall proceed 'o cancel promp+ly all existing orders and contracts inso°ar as suet orders or contracts are chargeable to this Agreement. As soon as praclible after receipt o: notice of termination, the Engineer shall sul)mit a statement, showing in detail the services performed under this Agreement to the date of termination. The Owner shall then pay the Engineer promptly that proportion of the prescribed charges -hick the services actually perfo:-med under this Agreement bear to the total services called for under this Agreement, less such payments on account of the cha.rga j as have been previously made. Copies of all completed or partially completed designs, plans and specifications pre- pared under this Agreement shall be delivered +:o the, Owner when and if this Agreement is terminated, but subject to the restrictions, as to their use, as set forth in Section VI, SECTION VIII NON- DiSCRIMI NATION It is the policy of the Executive Branch of tho Government that: (a) contractors and subcontractors engaged in the performance of Federal contracts shall not, in connection with the employment, advancement, dismissal or other actions in connection with the terms, conditions or privileges of their employment, discrim- inate against persons hc-cause of their age except upon the basis of a bona fide occupational qualification, retirement plan, or statu'ory requirement; and (b) that contractors and subcontractors, or persons acting on their behalf, shall not specify, in solicitations or _advertisments for arnployaes to work on Governmmit contracts, a maximum a,ae lim_.. for such employment unless the specified maximum age limit is based upon a bona fide occupational gttaiification, retire- ment plan or statutory requirement. SECTION IX EQUAL OPPORTUNITY During the performance of this Contract, the Consultant agrees as follows: 1, The Consultant will not discriminate against any employed or applicant for employment becanse of race, color, religion, sex, or national origin. The Consultant will take affirmativa action to ensure that applicants ar 3 employed, and that employees are treated during employment, without reg.trd to their race, color, religion, sex or national origin. So :h action shall include, but not be -b- limited to, the following: employment, upgrading, demotion, or transfer, recruitment er recruitment advertising; layoff, or termination; rates of pay or other forms of compensation; and selection for training including appren- ticeship, The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination clause. 2, The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employe-scat without regard to race, color, religion, sex or national origin. 3. The Consultant wi11 sand to each labor union representative of works with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the Consultant's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places to employees and applicants for employment. 4. The Consultant will comply with all provisions of Executive Order 112,16 of Sep 24, 1965 and of the rules and relevant orders of the Secretary of Labor. 5. The Consultant will furnish all information and reports required by Executive Order 11246 of Septembe- 24, 1965, and by the rules, regulations and orders of th Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the City and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. 6. In the event the Consultant's noncompliance with the nondiscrimination clauses of this Contract or w-it'n any such rules, regulations, or orders, this Contract may be cancelled, terminated, or suspended in +:hols or in part and the Con- sultant may be declared ineligible for tlarther Covernment contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulatlo:., -,r order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant will include the provisions of paragraphs ~1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor Issi,ed p+irsiiant to Section 204 of Executive Order 11246 of Septembor 24, 1965, so that such provisions will be binding 7 - upon each subcontractor or vendor, The Consultant will take such action with respect to any subcontract or purchase order as the City inay direct as a means of enforcing such provisions including sanctions for noncompliance; provided, ho•.vevur, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the City, the Consultant may request the City to enter into such litigation to protect the interests of the City. SECTION X EMPLOYMENT PLAN NAME OF CONTRACTOR: SCI-TOF.LL, FIELDS & ASSOCIATES, INC. SERVICES TO BE PROVIDED: Design of a new railroad bridge at Robertson Street, Denton CONTRACT AMOUNT: $35,130.00 (estimated) JOB CLASSIFICATION: Civil engineers, surveyors, draftsmen EX15'fING WORK FORCE:, Civil engineers, surveyors, draftsmen ANTICIPATED NEW HIRES: None The proposed work will not require hiring additional personnel, in the event that such local hiring is required, Schoell, Fields & Associates, Inc, will recruit from the following sources: 1, Texas Employment Commission and the City of Denton listings of eligible Section 3 Project Area Residents. Priority will be given to lower income Section 3 Project Area Residents. 2. Schoell, Fields & Aseoc)ates, Inc. contemplates using, as sub- contractor for structural engineering work, Bakke, Kopp, Ballou Sc McFarlin, Inc. 3. Schoel), Fields & Associates, Inc. agree:l to undertake a good faith effort to comply with all of the provisions of Section 3 of the Housing and Urban Development Act cf 1968. EXECUTED in triplicate on behalf of the CITY by its Mayor and City Secretary and on behalf of the ENGINEER by its President this day of May, 1979. Otte tPI Tla O T TEXAS r Attest - SCNO FIE1'1?5 & ASSOCIATES, INC. President 8 - ~1 CARTER Fi BUSCESS INC. ENGINEERS • PLANN'RS •1101) MACON STREET, TORT WORTH. TEXAS 7h102 Is 17) :35.2 b I I EXHIBIT "AA TOTAL DEVELOPMENT TRACT - LEGAL DESCRIPTION BEING 70.383 ACRES OF LAND SITUATED IN THE R. H. HOPKINS SURVEY, ABSTRACT 1694, THE J. S. TAFT SURVEY, ABSTRACT NO. 1256, AND THE JOHN W. MCGOWAN SURVEY, ABSTRACT NO. 797, SAID 70.383 ACRES OF LAND BEING A PORTICN OF THAT CERTAIN TRACT OF LAND CONVEYED TO DENTON MALL COMPANY BY DEED RECORDED IN VOLUME 8581 PAGE 211, DEED RECORDS, DENTON COUNTY, TEXAS, SAID 70.383 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a point in the north right-of-way line of Inter- state Highway 35E, said point being the intersection point with the northeasterly right-of-way line of San Jacinto Poulevard, an 80.0 foot public street dedicated by the plat as recorded in Volume 15, page 39, Plat Records, Denton County, Texas; THENCE N 41051' E, 341.33 feet to the beginning of a curve to the right whose center point bears S 48009' E, 960.0 feet; THENCE continuing along said right-of-way line of said street and along said curve to the right in a northeasterly direction through a central angle of 20°471, a distance of 348.23 feet to the end of said curve; THENCE N 620381 E continuing along said right-of-way line 872.53 feet to the beginning of a curve to the left whose center point boars N 27°221 W, 1040.0 feet; THENCE continuing along said right-of-way line and along said curve to the left in a northeasterly direction through a central angle of 120491, a distance of 232.64 feet to the end of said curve; THENCE N 49049' E, 359.92 feet continuing along said right- of-way line to its intersection with the southwesterly right- of-way line of Colorado Boulevard, a 100.0 foot wide public street; THENCE S 40°11' E along said right-of-way line of said street 657.27 feet to the beginning of a curve to the right whose center point bears S 49049' W, 600.0 feet; THENCE continuing along said right-of-way line of said Colorado Boulevard and along said curve to the right in a southerly direction through a central angle of 490421, a distance of 520.46 feet to the end of said curve; Page 1 of 3 THENCE S 9°31' H, a distance of 37.00 feet to the beginning of a curve to the left whose center point bears S 60°29' z, a distance of 850.0 feet; THENCE continuing along said right-of-way line of said Colorado Boulevard and along said curve to the left in a southeasterly direction through a central angle of 40°00', a distance of 593.41 feet to the end of said curve, end of said curve being in the southwesterly right-of-way line of State Highway Loop 288, said end of curve also being the beginning of a non-tangent curve to the left whose radius is 3880.0 feet and whose long chord bears S 54117130" W, a distance of 706.69 feet; THENCE along said right-of-way line of said State Highway Loop 288 and along said curve to the left in a southwesterly direction through a central angle of 10°27', a distance of 707.67 feet to the end of said curve;' THENCE N 89002' W, 281.76 feet to an iron pin for corner, THENCE S 40019156" W, 112.69 feet to an iron pin, the north- west corner of a 0.20-acre tract of land conveyed to Denton Mall Company as recorded in Volume 878, page 874, Deed Records, Denton County, Texas; THENCE S 39039126" W, 49.13 feet along the southwesterly line of said 0.20-acre tract to an angle point, the northwest corner of a 0.86-acre tract of land conveyed to Denton Mall Company by deed recorded in Vo?-ime 878, page 874, Deed Records, Denton County, Texas; THENCE S 40°27136" W, 250.96 feet along the southwesterly line of said 0.86 acre tract to a concrete monument with steel rod in center; THENCE N 5706' W, 112.2 feet to the southeast corner of a 0.986-acre tract of land; THENCE N 39046105" E, 333.36 feet to an iron pin for corner, the northeast corner of said 0.986-acre tract; THENCE N 89002' W, 200.55 feet to an iron pin the northwest corner of said 0.986-acre tract; THENCE S 37058142" W, 225.78 feet to an iron pin once again in the northerly right-of-way line of interstate Highway 35E, said iron pin being the southwest corner of said 0.986-acre tract; Page 2 of 3 ':E£NCE N 48°G9' W, 183.82 feet along said right-of-way line ;to a point; THENCE N 45010' W continuing along said highway right-of- way line 300.40 feet to a point; THENCE N 48009' W, 379.5 feet along said highway right-cf- way line to a point; THENCE S 89022' W, 23.33 feet along said highway right-of- way line to a point; THENCE N 48009' W, 540.21 feet along said highway right- of-way line to the POINT OF BEGINNING and containing 70.383 acres of land. Note: This 70.383 acre tract is subject to the following easements of record recorded in the Deed Records of Denton County, Texas: 1. Lone Star Gas Company, Volume 454, page 217 Lone Star Gas Company, Volume 454, page 224 3. Lone Star Gas Company, Volume 410, page 475 I PEREBY CERTIFY that these field notes were prepared by computa- tions and an actual survey made on the ground and are true and correct to the best of my knowledge. WITNESS MY HAND AND SEAL this the 2nd da, f ay 979, A.D. CART C . ~ Aft*1e~ N, CAAtER CA Registered Public Surveyor S y. 6614 IE ~f. C 0. S .rte k 9 } Page 3 of 3 ~ ~u S' ~ OA! HATCHER & COMPAPIY I N C O P P O R A T E D Investment Bankers $21 FIIERCAI(TILE BANK SUILDINO DaUas.Texas 75201 R A L V•I ! RJ]wING TELEPHONE May 31 , 1979 Mrs. Margret Green City of Denton 215 McKinney Denton, Texas Dear Mrs. Green, Pursuant to a request by Mrs. Jane Smith, Vice President of Student Affairs, North Texas State University, that certain documents relating to the North Texas Higher Education Authority, Inc. be mailed to your attention, please find enclosed, copies of the Articles of Incorporation, By-Laws and Plan of Doing Business. If this office can be of any further assistance to you, please do not hesitate to call on us. Sincerely, EWCEER 6 CO2 PLMY, INC. Ra Vice Presi RBR/je Enclosures cc: Mts. Jane Smith MEMBERS NATIONAL. ASSOCIATION Or SECURITIES OEAL[RS,INC -SECURITIES INVESTOR PROTECTION CORPORATION