HomeMy WebLinkAbout07-1979
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EASSM?3NT DEL J
STATE OF TEXAS r DEED RrE.C'JR')F
KNOW ALL t RK ".'C THESE PRESENTS:
COUNTY OF DENTON
20:1.9
THAT MARV..N WI!.-LS of Denton County, Texas, in consideration
of the sum of One Dollar ($1.00) and other good and valuable consi
deration 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 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 him, situated in Denton
County, Texas, in the A. Hill Survey, Abstract No. 623:
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
A. Hill Survey, Abstract No. 623 and being part of Lot No. 1 of the
l,srvin Wills Addition, an addition to the City and County of Denton,
and also being part of a tract of land as conveyed from Homer Kerley,
et ux, to Marvin F. Wills by deed dated June 11, 1969 and recorded in
Volume 586, Page 370 of the Deed Records of Denton County, Texas, and
more particularly described as follows:
SEGTNNING at the southwest corner of said lot 1, said point of beginning
lying in the east right-of-way line of Dallas Drive and being 214.79
feet south 46051'50" east of the intersection of the east right-of-way
line of Dallas Drive and the south right-of-way line of Smith Street;
THENCE north 46051150" west along the west boundary line of said Lot 1,
same being the east right-of-way line of Dallas Drive, a distance of
23.89 feet to a point for a corner;
THENCE south 88054'53" east 16.0 feet north of and parallel with the
youth boundary line of said Lot 1, a distance of 84.74 feet to a point i
for a corner;
THENCE north 1005107" east a distance of 35.00 feet to a point for a
corner;
THENCE south 88054'53" east a distance of 16.00 feet to a point for a
corner;
PHENCE south 1005'07" west a distance of 51.00 feet to a point for a
corner in the south boundary line of said Lot 1;
THENCE north C8054'53" went along the south boundary line of said Lot
1 a distance of 83.00 feet to the place of beginning and containing
2029.93 square feet of land, more or less.
AND IT IS FURTHER AGREED that the said CITY OF DENTON, TEXAS, in
consideration of the benefits above set out, will remove from the
property above described, such fences, buildings, and other obstructions
as may now be found upon said property.
371 ou 351
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971 PAGE 352
IT IS FURTHER AGREED AND UNDERSTOOD by the Grantees herein
that the said easement is for electrical service as is ;,resently
located on the premises and that should such electrical service
no longer be utilized or required for public use by the CITY OF
DENTON, TEXAS, Grantees herein, said Grantees will abandon and
convey said easement back to Grantor upon the request and petition
of said Grantor.
This conveyance is made to Grantees for constructing, installing,
repairing, and perpetually maintaining the public utilities presently
located in, along, upon and across said premiza s, with the right and
plivilege at all times of the Grantee herein, his or its agents, em-
ployees, workmen and representatives having ingress, egress, and re-
gress in, along upon and across said premises for the purpose of making
improvements on and repairs to said electrical services or any part
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thereof.
TO HAVE AND TO HOLD unto the said City of Denton, Texas, as
aforesaid for the purposes aforesaid the premises above described.
WI,INESS MY HAND, this the 2G6 day of July , 1979.
IN WD L
THE STATE OF TEXAS X
COUNTY OF DENTON X
BEFORE ME, the undersigned authority, in and for said County,
Texas, on this day personally appeared MARVIN F. WILLS, known to me.*
ti be the person whose name is subscribed to the foregoing instrument,
.ahd acknowledged to me that tie executed the same for the purposes and
consideration therein expressed.
GIVEN..UNDER MY HAND AND SEAL OF OFFICE thi,3 z1 day of July ,
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AT A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 24TH DAY OF JULY,
A. D. 1979.
R E S O L U T I O N
WHEREAS, the Sister City Concept was inaugurated by the President
of the United States in 1956 to establish greater friendship and under-
standing between the peoples of the United States and other nations
through the medium of direct perscnal contact; and
WHEREAS, all succeeding U.S. Presidents have endorsed sF.id program,
to be conducted for the broad purposes of the exchange of ideas and
people between the citizens of the United States of America and the
peoples of other nations; and
WHEREAS, to implement this program Denton and other communities'
in the United States have been requestea by Sister Cities International
to affiliate with cities in other nations o.' similar characteristics
and mutual interests; and
WHEREAS, the City of Denton, Texas, through its council, does
recognize and endorse this program with the hope that it will lead to
a lasting friendship between the people of Denton and Madaba, Jordan;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DENTON, TEXAS, THAT:
SECTION I.
That this Council on behalf of the people of Denton, Texas does
hereby extend an invitation to the government and the people of the
City of Madaba, Jordan to participate with the City of Denton. Texas,
as its Sister City for the purpose of creating greater mutual under-
standing between the peoples of our two great cities and nations.
SECTION II.
The Mayor is hereby authorized to act as official representative
of Denton to carry out this program.
SECTION III.
That copies of this Resolution are to be sent to the Mayor and
Council of the City of Madaba, Jordan, Sister Cities International in
Washington, D. C., the Embassy of Jordan, and the U. S. Embassy in
Jordan.
PASSED AND APPROVED this the 24th da itly, A. D. 1979.
za 4
fffft-WASH, MAYOR
CITY OF DENTON, TEXAS
ATTEST:
S 0 , I 9ECR AR +
CITY OF DENNo TEXAS
APPROVED AS'TO LEGAL FORM:
R. 6 , I
ATTORNEY, CITY OF DENTON, TEXAS
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NO. I ~r 53
AN ORDINANCE AMENDING ARTICLE V, CHAPTER 25, SECTIONS 76 AND 78
OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, PROVIDING
A NEW PRO-RATA CHARGE FOR WATER AND SEWER EXTENSIONS; AND DECLAR-
ING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
PART I.
That the Code of Ordinances of the City of Denton, Texas, be
and the tame is hereby amended and revised by adding and substituting
new subsections of Sections 25-76 and 78 of lArticle V, Chapter 25
entitled "Section 25-76, Pro-Rata cost charges for tapping mains
extended by developer or city; Section 25-78, special extensions
to individual single family residences" which shall hereafter read
as follows:
SECTION 25-76. PRO-RATA COST CHARGFS FOR TAPPING MAINS
EXTENDED BY DEVELOPER OR CITY
(a) 1. Where the main abuts and is accessible to, separate
platted tracts, the charge shall be sixty (601) percent of the
average current cost of a water main where such main is located
along a city street or a county road, or the charge shall be one
hundred (1008) percent of the average current cost of a water main
where such main is located along a state or federal highway, not
exceeding in inside diameter eight (8) inches, or, if a sanitary
sewer main, not exceeding in inside diameter of ten (10) inches
per front foot of the lot o.: tract of land which abuts such main.
SECTION 25-78. SPECIAL EXTENSIONS TO INDIVIDUAL SINGLE
FAMILY PESIDENCES
(a) 1. The owners of a single family residence situated on a
platted lot having one hundred (100) feet or less abutting or front-
ing sl6h main shall pay an amount equal to sixty (608) percent of
the average current cost per foot, where such main is located along
a city street or a county road, or shall pay an c+.ount equal to one
hundred (1001) percent of the avnraga current cos* per foot, through
an adjoining such lot to which connection is made.
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2. The owner of a single family residence situated on a
lot or tract of record having more than one hundred (100) feet
abutting or fronting on such main shall pay an amount equal to
sixty (608) percent of the average current cost per foot, where
such main is located along a city street or a county road or shall
pay an amount equal to one hundred (1008) percent of the average
current cost per foot, through or adjoining such lot or tract to
which the connection is inad-~ for one hundred (100) feet of such
a main, plus sixty (60%) percent of the average current cost, where
such main is located along a city street or a county road oL shall
pay an amount equal to one hundred (100%) percent of the average
current cost per foot, of ten (10%) percent of the balance of the
frontage of such tract, being the actual excess footage over one
hundred (100) feet but not to exceed a total of three hundred (3~u)
feet of main regardless of the length required for the connection.
PART II.
This ordinance shall take effect immediately from and after
its passage and publication in accoreance with the provisions of
the City Charter of the City of Denton, Texas.
PASSED AND APPROVED this the day of A. D.
1979.
BI-LL N S , MAYOR
CITY OF DENTCN, TEXAS
ATTEST:
K HOLi, I Y SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
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URT R, SOLO 0 t AACTI G CITY
ATTORNEY, CITY OF DENTOV, TEXAS
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THE STATE-OF TEXAS
COOPERATION AGREEMENT
COUNTY OF DENTON
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This Agreement made and entered into this the day of
IA1979, by and between the City of Denton, Texas,
a Hom ule Municipal Corporation (hereinafter called "CITY"), and
the Texas Indian Commission and Dallas Inter-Tribal Center (herein-
after called "COMMISSION");
wITNESSETH:
In consideration of the mutual covenants contained herein,
the parties to this Agreement do hereby agree as follows:
1. CITY agrees to permit COMMISSION to purchase a total of
eighty (80) single family units to be occupied by households, as
approved by the COMMISSION, participating in the Indian Mutual Help
Homeownership Program ("PROGRAM"). For fiscal year 1979-50, COMMIS-
SION is authorized to acquire and develop twenty (20) such single
family units.
2. COMMISSION agrees that any such units purchased must be
substantially rehabilitated under applicable City standards and'
codes.
3. Said PROGRAM shall be limited to the area as shown in Ex-
hibit "A" attal:hed hereto and is hereby incorporated and made a part
of this agreement,
4. COMMISSION agreeo that no more than two (2) single family
units will be purchased per .ity block,
5. CITY agrees that usual City services will be provided to
these Indian households in the same manner as is provided to all
other households within the CITY.
8. CITY agrees that it will not levy or impose any real or
personal property taxes or special assessments upon such single
family units so long as the said uni'.i are participating in the
` PROGRAM. However, during such period of time, COMMISSION shall
make a total annual payment in lieu of such taxes and assessments
to the CITY in the amount of ten (10%) pert^_7t of the aggregate
shelter rent charged by the COMMISSION. The term "shelter rent"
tilt
shall mean the total of all charges to all tenants of the PROGRAM
for dwelling rents and nk:vdwelling rents (excluding all other in-
come of such PROGRAM), less the cost to the COMMISSION of all
dwelling and nondwelling utilities. When the said units revert
to private ownership, the property shall again be placed upon the
official tax rolls of the CITY. Upon failure of the COMMISSION
to make any payment in lieu of taxes and assessments, no lien
against any PROGRAM unit or assets of the COMMISSION shall attach,
nor shall any interest or penalties accrue or attach on account
thereof. However, the COMMISSION understands and agrees that these
payments in lieu of taxes and assessments to the CITY must be paid
in full before new units will be authorized for purchase and deve-
lopment.
7. COMMISSION understands and agrees that it must obtain
authorization fzcr: the City Council of the City of Denton, Tsxas
at the beginning of each fiscal year before proceeding to undertake
the PROGRAM and purchase new units. Failure to obtain such permis-
sion for each new fiscal year allows the COMMISSION to continue
operation of existing units only.
IN WITNESS WHEREOF, the CITY and COn.'41SSION have respectively
signed this Agreement on the day and year first above written.
CITY OF ON# T S
BY
BILL N SH , i YOR
ATTES
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S OL , 1 SECRETARY
TEXAS INDIAN -COMMISSION AND c
DALLAS INTEfI-TRIBAL CENTER ~I'e
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AT A REGULAR M%ETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 3RD DAY OF JULY,
A. D. 1979.
R E S 0-L, U T 1 0 N
WHEREAS, it is the policy of this locality to provide safe and
decent housing in a suitable living environment for all of its
citizens; and
WHEREAS, under the provisions of the United States Housing Act
of 1937, as amended, the United States of America, acting through the
Secretary of Housing and Urban Development (herein called the "Govern-
ment"), is authorized to provide financial assistance to public housing
agencies for undertaking and carrying out preliminary planning of
mutual help housing projects that will assist in meeting this goal;
and
WHEREAS, the Act provides that there shall be local determination
of need for mutual help housing to meet needs not being adequately met
by private enterprise and that the Government shall not make any con-
tract with a public housing agency for preliminary loans for surveys
and planning in respect to any mutual help housing project unless the
governing body of the locality involved h&s by resolution approved the
application of the public housing agency for such preliminary loans;
and
WHEREAS, the Texas Inter-Tribal Indian Housing Agency is a public
housing agency and is applying to the Government for a preliminary loan
to cover the costs of surveys and planning In connection with the deve-
lopment of Indian Mutual Help Housing;
NOW, THEREFORE, BE IT RE60LVED BY THE CITf COUNCIL OF THE CITY OF
DENTON, TEXAS, AS FOLLOWS:
1. That there exists in the City of Denton a need for such
Indian Mutual Help housing which is not being met by
private enterprise;
2.' That the application of the Texas Inter-Tribal Indian
Housing Agency to the Government for a preliminary loan
in an amount not to exceed $10,000.00 for surveys and
planning in connection with Mutual Help housing project
of not to exceed approximately 20 dwelling units is
hereby recommended.
PASSED AND APPROVED this the 3rd da of July, A. D. 1979.
N H, 1 OR
CITY OF DENTON, TEXAS
ATTE
R 0 ff-SECRETARY
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CITY OF DEN TON, TEXAS
APPROVED AS TO LEGAL FORM:
EN U R, SOLOMOS-90- ACTING CITY
ATTORNEY, CITY OF DENTON, TEXAS
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AT A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON,
TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 30TH
DAY OF JULY, A. D. 1979.
R E S O L U T I O N
WHEREAS, the City Council of the City of Denton has been
asked by the County Commissioners of Denton County to provide
assistance to the residents of Denton County in disposing of
animals found within the said County; and
WHEREAS, the City Council believes it necessary to provide
this assistance for the protection of the health, safety and
welfare of all citizens of Denton County;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DENTON, TEX4S, THAT:
1. The City Manager is hereby authorized and directed to
initiate a program to provide assistance to all residents of
Denton County requesting the disposal of animals found within
the said County.
2. The City Manager is hereby authorized to adopt whatever
regulations and procedures are found to ba necessar;- in order
to effectuate the said program and prevent 1??hility on the
part of the City.
3. The City Manager is also hereby authorized to require
that a reasonable fee be paid to the City by any resident of
Denton County requesting the disposal of any such animals.
PISSED AND APPROVED this the 30th day of July, A. D. 1979.
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RAY TEPH•NS
CITY OF 4ENTON, TEXAS
AT TES
OOKS,HOLT, CIrt SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
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EURT H. N , TIN CrTY
ATTORNEY, CITY OF DENTON, TEXAS
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AT A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON,
TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE24 TH
DAY OF JULY, A. D. 1979.
R E S O L U T I O N
WHEREAS, the City of Denton finds it necessary to purchase
a certain tract of land located in the City of Denton, Texas, and
mo+:e fully described below; and
WHEREAS, the City Council of the City of Denton is of the
opinion that the best interest and welfare of the public will be
served by the purchase of the parcel of real. estate described
below; and
WHEREAS, the City of Denton and owner of said parcel, Irwin
Zitzelberger, agree that a consideration of $6,000.00 is a fair
and agreed value of such described property;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL O,' THE
CITY OF DENTON$ TEXAS, THAT:
1. The City Attorney is hereby authorized to prepare whatever
legal documents are necessary to complete the transfer of property
so described below from the owner thereof to the City of Denton.
All that certain lot, tract or parcel of land lying and being situ-
ated in the City and County of Denton, State of Texas, and being
part of the Mn. Neill Survey, Abstract No. 971, and a:.so being part
of a tre.ct of land as conveyed from Glynn L. Mitchell to Irwin
Zitzelberger by deed dated April 211 1976, and recorded in Volume
7840 Page 518 of the Deed Records of Denton County, Texas, and more
particularly described as follows:
BEGINNING at, the northwest corner of said tract, said point of be-
ginning lying in the east right of way line of Bolivar Street and
being 62.1J feet (called 59.0 feet) south of the intersection of
the east right of way line of Bolivar Street and the south right
of way line of McKinney Street and also being the southwest corner
of a tract of land as conveyed from Ernest M,. Porter, et ux to the
City of Denton by deed dated January 3, 1975 and recorded in Volume
731, Page 137 of the Deed Records of Denton County, Texas;
THENCE north 890 58' 22" east along the north boundary line of said
tract a distance of 02,16 feet to a potent for a corner same being
the northeast corner of said tracts
THENCE south 0° 31' 38" east along the east boundary line of said
tract a distance of 21.0 feet to a point for a corner same being
the southeast corner of said tract;
THENCE south 890 58' 22" west along the south boundary line of said
tract a distance of 82.16 feet to a point for a corner in the east
right of way line of Bolivar Street said point also being the south-
west oorner of said tract;
THENCE north 06 01' 39" west along the west boundary line of said
tract same being the east right of way line of Bolivar Street a
distance of 21.0 feet to the place of beginning and containing
1725.36 square feet of land, more or less.
2, The City of Denton is hereby further authorized to pay
Irwin Zitzelberger, as owner of said described property, considera-
tion in the amount of $6,00040 purchase price, plus any other
necessary and reasonable coats of closing,
3. This Resolution shall take effect immediately from and
after its passage and approval in accordance with the provisions
of the Denton City Charter.
PASSED AND APPROVED this the 24 th day of July, A. D. 1979.
HILL NAS , MAYOR
CITY OF DENTON, TEXAS
ATTEST:
FBROOKS BOLT, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
vAPw-
BURT R. OLO S, ACTING CITY
ATTORNEY, CITY OF DENTON, TEXAS
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NO. 79 -.$S
AN ORDINANCE OF THE CITY OF DF.NTON, TFXAS, PROVIDING FCR THE
CLOSING AND VACATING ALL OF THE UTILITY EASEMENTS IN THE
ORIGINAL PLAT OF TH- GOLDEN TRIANGLE MALL OF BLOCK 1 OF THE
GOLDEN TRIANGLE ADOLTYON TO THE CITY AND COUNTY OF DENTON,
TEXAS; PROVIDING FOR THE REVERSION OF THE FEE TO SAID LAND;
AUTHORIZING NECESSARY LEGAL DOCUMENTS TO BE PREPARED AND
SIGNED; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton, Texas,
acting pursuant to law, and upon the request and petition of
the Grantee herein, deems it advisable to abandon and convey
the hereinafter described utility easements to Gre11ee and is
of the opinion that the original utility easements hereinafter
described are not needed for public use; and
WHEREAS, the City Council of the City of Denton is of the
opinion that the best interest and welfare of the public will
be served by abandoning and conveying the same back to Grantee
in order to adopt new easements for the benefit of the City and
Grantee;
NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS,
HEREBY ORDAIN:,;
SECTION I.
That the hereinafter described public utility easements in
Block 1 of the Original Plat of the Golden Triangle Mall
Addition to the City and County of Denton, Texas, be and the
same is, hereby estinguished, vacated and permanently abandoned
as easements for public utilities insofar as the right, title
and easements of the public are concerned:
All those certain lotL, tracts of land described in easements
dedicated bk, the Plat of the Golden Triangle Addition, Block 1,
filed October 25, 1978 in Cabinet B, Page 19 of the Denton
County Deed Records.
SECTION 11.
That the abandonment and conveyance provided for herein
shall extend to the right, title, easemert and Interest of the
City of Denton, and shall be construed to extend only to thet
interest the governing body of the City of Denton may legally
Lind lawfully abandon and vacate.
SECTION III.
That this abandonment and conveyance is made subject to
all present zoning and deed restrictions, if the latter exist,
the dedication of new easements, and is subject to all existing
easement rights of others, if any, whether apparent or
nonapparent, aerial, surface, underground or otherwise.
SECTION IV.
That the City Attorney is hereby authorized to prepare and
deliver whatever legal documents are required with regard to
the area abandoned and conveyed herein, should such be
requested by Grantee hereunder, the same to be executed by the
Mayor on behalf of the City of Denton, and attested by the City
Secretary.
SECTION V.
That the City Secretary is hereby authorized to certify a
copy of this ordinance for recordation in the Deed Records of
Denton County, Texas, and a certified copy of same shall be
delivered to Grantee upon receipt of the fee for publishing
this ordinance.
SECTION VI.
This ordinance shall take effect immediately from and
after Its passage and publication in accordance with the
provisions of the Charter of the City of Denton.
PASSED AND APPROVED this the 24th day of July, 1919.
AILN41 M YO
CITY OF DENTON, TEXAS
;11Y~'OF TET
EENTION, TEXASR T R
APPROVED AS TO LEGAL FORM.,
• SOLOMON Sp T N{T`1-
ATYORNEYt WY OF DENTON, TEXAS
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THE STATE OF TEXAS X
COUNTY OF DENT014
That this Amendment to the December 31, 1977 Agreement
between the City of Denton, Texa3, a Home Rule Municipal Corpo-
ration ("City") and Woody Taliaferro ("Taliaferro") is made and
ysG entered into on t.Lis the day of , 1979.
WITNESSETII
That Paragraph Number Four (4) of the original Agreement
between the parties dated December 31, 1977 be, and the same is,
hereby amended to read as follows:
4. The City will pay to Taliaferro the sum of Five
Hundred Dollars ($500.00) per month of which
Three Hundred Fifty Dollars ($350.00) per month
will be for services rendered and One Hundred
Fifty Dollars ($150.00) per month will be ex-
pense reimbursement including transportation.
IN WITNESS WHEREOF, the parties have executed this Amendment
to the original Agreement on the day and year first above written.
CITY OF DENTON, TEXAS
BYS ,
URM AR. G~Go I N GE
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WOODY TALIAFSAR
ATTEST
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K. HOL , IT S C TARY
CITY OF DENTON, TEXAS
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• • • asked (W we send you the attached in evidence of his insurance coverage with us.
Thank you.
JUL 171979
EMPLOYefas InsURance OF Texas
TEXAS EMPLOYERS INSURANCE ASSOCIATION f EMPLOYERS CASUALTY COMPANY
EMPLOYERS NATIONAL LIFE INSURANCE COMPANY 1 EMPLOYERS NATIONAL INSURANCE COMPANY
UT 1166-D
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❑ INVESTIGATE a REPORT ❑ PER YOUR REQ4£ST
❑ TAKE APPROPRIATE ACTION ❑ rOR YOUR KLcO rNDATION
❑ PwARE PoR NY mmATURI ❑ r0? YOUR INFORMATION
❑ SFE ME D/D rILE
❑ RlAD AND RETURN VVVV❑~~~` REQUEST APPW,'ED
❑ FOR YOURX-PROVAL ❑ REQUEST DENIED
❑ ATTACH TILE i RETURN ❑ StONATURE
CONNENT9: V
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. INSURANCE CERTIFICATE:- g,5_2`3
THIS IS TO CERTIf Y IHAT The policy or policies, it onyr dewnbrd in items 1 U..~IIN 6 haw bran awed by IM It..% [ Tployors Insuroraf Alsoio Pion, anti Iat the Employes
m Casually Company, ond/o, the Employers Notionot Intwoncf CLmpomy, old/or rfw F.ployers Casurity CorpocCon, avid/or the Employes National Insurance Corpwaliol
as Insure w In"orl to the Insved designated in this cetilnate, and that fall urh policy w p011606, sublet to the Bmlts of Sabihly, e.r"ons, previsions, condiliwri and
Close forms Thereof, we ld full Feu and elf"t as al the dole of ti it tw0male If any such policy is controlled or in col renewed at 14 requaH of Dither the tnivfd w the
O Insurer, w if any such policy w any renewal thNeof if cho..ged To any monner or lot any reauw w as to affect lh'is Cerlrlaole, ten dayi prior written rglite rill be meted
Y by the in.vor to 94 coodcate holder, herein named. THE CERTIFICATE OF INSURANCE AS SHOWN IN THIS CERTIFICATE REMAINS IN EFFECT UNTIL TEN DAYS' PRIOR
e WRITTEN NOTICE IS MAILED 10 THE CERTIFICATE HMI N fat ohs oddreu shown b.lo.) AS ABOVE PRO'NDF'. at if o dale n shown in the coluvul headed "e.piratloo
dates" such Inwocnce Iha6 f.paf either span such dote, w upon the dozy v ilHd.n w0 fen rw••s .malecf the day' rfr:. Tsai wlvheve date sl i fast weur, This cRmilKOlion
Is nol o Icinl bus is a vrvtr r•Y • 4!,!aiing .1 soh DI the inwroras, roriHt shown taetew
Thn ceAificale e1 inkaone is Prot an insurance policy onfr does not amend, ed.nd or alto The co..ragr allordrd by Ohio po6ciel listed he em NDlwilhslondrig _nt requirement,
form or canal-lion of any tontrwl w orhor document -,Ph rowlict to .hnh Ihn cviCTica.6 al ;mlaonce may br nn,.d or Toy peclain, the intuancf ello.ded by the poRc;Pt
P described Mein H subject to ON IM fvot, e.clsuont and rond,Prons of such pohcift
5 i?AM1 AND ADDRESS Or CERTrFI(ATE M)LDER [II[f TrVE GATE Of THIS CERTIFICATE
-July 17, 1979
PSSI~ID AT
a
` City of Denton Dalla_e_L_Texas
Denton, TeXA8 76201
y T9X88 EMPLOYfgR61
InsuRanCe ASSOCIOTIOn
EMPLOYeRS CUSUSLTY
cUF'1'1panY
a.+M[ Ar.D AGC4[Si Jr I~,s: LID
EmPLOYORS NaTIOnOL
' e InsuRence company
Cobb Tree Servioe EMPLOYSRS COSUOLTY
Y. 0. Box 28793 CORPOROTIon
Dallas, Texse 75228 EmPLOYefaS NaTIOn8L
InSURSnCe CORP0118TEon
{r-- IAN t D•fMnlalnfl
I ifrn u i t 1 e
INSURANCE IN TOM ire 1 .r h Tr p main,
_ 1.lbrtb. 1«6 Aldf..l
D.#4 1ec6 I.a I.Ay 61Af1 AND
Per OIIIPrHrt
Rl.f /nllq M.l.br /HM 0. AIerIH. IOC/LION 0/ 0fll k/tON/
Iv /.eq Ir«14r«
' n.T 1
C.wnp own, 'a 64' Mue t. pLrN HI el
J ■ ~ hn. rNI.N. C..mrr «.u.. l..
P Os 77
~r ( Gv.m q, 61.«9 OBI IiAlf Of 19141
P 1 1 1 And I...r el H 61«.61
g 3 f e'st« Sea flse/n.6 X X X 1}100,11 (E $100,000
h.T 7 Co.e.6l. IA1 C.Nhn elr6 lte.Meau..N
A at 11.6#4 le.
Fu &to Chat
Con.rg.
1 And I e . e . . 1 If 14M. X x X
Z Th....I I..
M. dine ><100.000 100.000
Ne..7 Melly 11 S S
O0111 5668A3 I X A 300000 wly IF 1 ■ . no IIRN11I C 1 Ot
►rgety Ant IN..eI N INM• /y~/~ y~ /yy~ 11 OON .N N
. DITI{e Thereof Me kref'~n1 X X X 6107#000 { 3001000
hie t
597203 ' 1071000 6 300 of WO A/M;:61. y 1.11., NS 111111011111 OR
/refe.ry Arrf Mewd 11 1#4M. Net ►OS/I1NON{ AND CANADA
Remo1* TMwef Me Meefln, X X X 61001000 Af►R.r►Oe
Amid llf,i of 11.M-
1henN This Nnflrq 11 6 6
And 11 wo? If {lens, - -
Ihe#4.1 Me Ne dl 1
NMAKS
!ECU 4590.0 41 191 , 00350/da
Y SIT TAB STOPS AY AR WS
e
NFORMAlil-W
'I Ir . AMEND, 1 QV
1.1 ,
NAME AND ADDRESS OF AGENCY
ENS #1001 COMPANIES AFFORDING CO' 4RAGES
8585 R K N E SJ GLENN MPANY TRAVELERS--I NDEMN I-TY-COMPANY___-,
DALLASF TX 75247 WTIR A OF RHODE ISLAND
:(,MANY ~ _------------------------------I
OTTtq
NAME AND ADDRESS OE
ZOBB TREE SERVICE w"Y C
(JOE L COBB DBA)
P 0 BOX 28793 (r1MP ANY D
II IIIN
DALLAS, TX 75''-28 COMPANY E
1i Mlq
rTh1ce tify that poh.ies of insurance bsted below have been issued to the Insured n;:med above and are on force at Ihls time,
I'!:.I x;Y YTTjtf .1 171{t n_0U%1n
- y-_ 1
TV FIE OF INSURANCE PUIICY NI)MIIIA r
LETTER I, ,RAr DN DFTE URE
OCC URRC N'.E A(.GR:OA'F
- - _ -
NYRAI -LIABILITY
,MPRP4N5NE f,,PM
[ M I
PtOSON AND CVlVP51
HAl R)
OE HHA1AAU ODUCT S (ONIM E T I O OM RATIONS HalAnfl Ni RACfUAI INt UNA N:C Pp{d1M n[ OAD DORM 101v rVIDAMAGE
DUPINDENT CONTPALtOR5
CSONAE INJURY T ',A, Nine YOMOBILMPHUU N: 4E iVG[M
la ~l'r, Y INJ E
❑ONN[D U HA(IDI VTI
W V I AMA`;! I
❑ HIM D I W V I
DI (4, I IUNV ANp
❑NDN annul Ih1n l,ryr A,M+a -I
f4f NfD
EXCESS _LIABILITY
D. i,i uN P. iH Y Awn
❑ UMH pr t EA IUI'M
I IU,r. I,n sin r,T E F
❑ OTHIRIHANi vi r,IA
FOAM ( ,NW"rD
WORKERS' COMPENSATION
414h1a R,
and
EMPLOYERS'LIABtLr1Y. 1
1
(j-EE-Ufa-835A027-2-79 N2-80 .`.100,000 _
OTHER
N
S
DESCRIP*'.)N OF OMRATpN~1DCA1pNSY[IIICIFS TEXAS
"ALL_OPERATIONS-EXCLUDING U,S. LONGSIIOREMENS AND MARITIME COVERAGES"
CbaCell~tlon: Should any of the above d~Iscr~t d poll( w% t,c Fan( F Iled L efore the c4pir Ttlon dile 0lereot, the issuing com-
pany will endea,oF to rTl -_LSL dTys r+ritlon nonce to the UCluw named certificate holder, but failure to
mail such nob,e shall impose no obti fahon or Ilabihty of i~~y kind upon the company.
NAME AN0 ADn RrS50r (FQTIr Y: All 11 tptq
CITY OF DENTON DAnlSSUrD_. _ 1_--79__D,.S1__--
4) 1)
DENTONj TX 75201
nunlohurit gErvI SE NIanvE
NL(iPU;%.rd 11171
r
DEPTi V -
< < DEP
❑ INVESTIGASE t REPORT ❑ PER YOUR RIQUEST
❑ TARE APPROPRIATE ACTION ❑ FOR YOUR RLCCWL70ATION
❑ PREPARE FOR MY tIG!ATURE 0 rOR YOUR INPOWTION
❑ St. ME {~Q Fitz
❑ READ AND RETUIW REQUEST APPROVED
❑ FOR YOUR APPROVAL ❑ RII?ULaT vartO
❑ ATTACH FILE a RtWRN ❑ tIONATURE
.NTS ~
l 7
1 l 0
I ~1 ~1
`"yam
OATH OF OFFICE
do solemnly
X:3~z~_r
swear (or affirm) hat ill faithfully exe ute the duties of the
office of A'0 ~
of the City of Denton, Texas, and will to the best of my ability
L"i preserve, protect and defend the Constitution and laws of the United
States and of this State and the Char er a Ordinances f this City.
.
1
Subscribed d sw n to before me the under i ned on this the
day of , A.D. 192, To certify wTii cis
witness an nd seaT of office.
&
CITY OF DENTON, TEXAS
p
a
k`~.r'
\
a
G ~9
t
C~2vr-G~i
OATH OF OFFICE
I,
do solemnly
swear (or affirm) that I will faithfully execute the duties of the
office of
of the City of Denton, Texas, and will to the best of my ability
preserve, protect and defend the Constitution and laws of the !United
States and of this State and the Charter and Ordinances of this City.
Subscribed an ins o before me the undersigned on this the
day of , A.D. 142 , To certify wF ch
witness my n al of o f ce.
y
CITY-SM II-R7.r....____
CITY OF DENTON, TEXAS
I
k~
~yo
~ ~
~9
~ ~
A
6?~-v /114r
OATH OF OFFICE
R do solemnly
swear (or affirm) that 1 will faithfully execute the duties of the
office of
of the City of Denton, Texas, and will to the best of my ability
preserve, protect and defend the Constitution and laws of the United
States and of this State and the Charter and Ordinances of this City,
•
Subscribed Aan rn to before me the under ed on this then ,
day of , A.D. 19 To certify i c~
witness s eaT of Off ce.
C i T R
CITY OF DEN10119 iFXAS
Fr ~a
\\-0
~
~
OATH OF OFFICE
I. ~Qr1CS ~,y~f do solemnly
swear (or affirm) .haattI will faithfully execute the duties of the
office of
of the City of Denton. Texas, and will to the best of my ability
preserve, protect and defend the Constitution and laws of the UnitFd
States and of this State and the Charter and Ordinances of this City.
Subscribed an sw rn to l: ore me the under i ned on this the 2 rX
day of A.D. 19 To cert+fy ~Miic
witness my d sea of off ce.
ITY c ~TTRY-..."'_.____.__
CITY OF DENTON, TEXAS
v ~
s
r
OATH OF OFFICE
do solemnly
swear (or affirm) that I will faithfully execute the duties of the
office of k1R►~D12T ltl~Jtgn?Y' t-'v0
of the City of Denton, Texas, and will to the best of my ability
preserve, protect and defend the Constitution and laws of the United
States and of this State and the Charter and Ordinances of this City. '
Subscribed ancj. worn to afore me the undersi ned on this the Viz` h
day of ~ A.D. -19 iI To certify w is
witnessi n`n and seal of office.
ECRET R
CITY OF DENTON, TEXAS
i
66
a
4
r
c~
F•
OATH OF OFFICE
do solemnly
swear (or affirm) that I will faithfully execute the duties of the
office of
,Raoizr AnJcsnrv t01> 1
of the City of Der}ton, Texas, and will to the best of my ability
preserve, protect and defend the Constitution and laws of the United
1
States and of this State and the Charter and Ordinances of this City.
Subscribed ar~ swjr to before me the undersigned on this tho
day of , A.U. 19, To certify w ih`ch
witness y' do a seal of office,
' SCITY OF DENTON, TEXAS
i i
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ry y n S' .ry c 2 S- 1/ t
962
THE STATE OF TEXAS P KNOW ALL. MEN BAHESE P P r~ 440
Is ~ R ENTS:
COUNTY OF DENTON ❑❑FF~~))nn
THAT VALDA L. GOIN AND GAMMA SUE GO'tN' RECORDS 20605
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, Tcxas receipt of wHc), is horeby aeknowledgdAd de by
these presents grant, bargain, sell and convey unto to the City of Denton, Texas he free
and uninterrupted use, liberty and privilege of the passage In, along, upon and across the following
described property,
i
owned by their, . Situated in Denton County, Texas, In the
B.B.S. d C.R.R. Co. Survey, Abstract No. 186
All that certain lot, tract or parcel of land lying and being situated in toe Citv and
County of Denton, State of Texas, and being part of the B.A.B. & C.R.R. Co'jpany Purvey,
Abstract No. 186, and being part of a tract of land as conveyed from Jim Giln, cc al to
Valda L. Coin and wife, Gamma Sue Coin by deed dated March 22, 1171, and re^o•,:ed in
Volume 621, P,vge 248 of the Deed Records of Denton County, Texas, and 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 North Locust Street and the centerline of Orr
Street;
THENCE west along the south boundary line of said tract, same being the centerline of
Orr Street, a distance of 150.0 feet to a point for a corner, same being the southwest
corner of said tract;
THENCE north along the west boundary line of said tract a distance of 16.0 feet to a
point for a corner;
THENCE east 16.0 feet north of and parallel with the south boundary line of said tract
a distance of 150 feet to a point for a corner in the east boundary line of said tract
same being the centerline of North Locust Street;
THENCE south along the east boundary line of said tract, same being the center] ,tne of
North Locust Street a distance of 16.0 feet to the place of beginning and containing
2,400 square feet of land, more or less.
And it is further agreed that the said City of Denton, Texas
In consideration of the benefits above set out, will remove from the property above described, such fencae,
buildings and other obstructions as may now be found upon said property.
Forthepurposeof constructing, installing, repairing and perpeLtally 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 additious 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.
Witness our hand , this the 1.Q- it day of Jaly• , A. D. 111)79
_ ~lt
VALDA COIN
_ e~11 eGJ
GAMMA oUE COIN 4
SINGLE ACKNOWLEDGMENT
THE STATE OF TEXAS,
COUNTY OF DENTON BEFORE ME, the undersigned authority,
in and for said County, Texas, on this day personally appeared ._VALDA j-,.,.COIN _AND CAMM.A_-SUE COIN- _
knov,k ale Po!d0 tjhe person S _ whose names are subscribed to the foregoing instrument, and acknowledged to me
th 60 y '4%'e `tsd the same for the pu:Iof,s e.,d considcral:,m therein C'XI-ressed.
GIV*NT UND,F]It MY HAND AND SEAL OF OFFICE, This )2-7{ of UlY D. 19.79
Ids) Q c /J)~ Lr q X~.
c 1 ; 4 Notary Public, De on County, Texu
My Commission Expire one 1, 19~1/
CF M1 C SINGLE ACICNOIVLFD031ENT
THE STATE OF TEXAS, BEFORE ME the undersICOUNTY OF........
fined authority,
in and for said County, Texas, on this day personally appeared
known to me to be the person -whose name sul,scri!tial to ILe foregoing instrument, and acknowledged to me
that...-.. he executed the same for the purpcscs and considrra!ion therein expressed.
GIVEN UNDFit Sf:f HAND AND SEAL OF OFFICE, This day of A.D. 19
(I'S.)
Notary Public, County, Texas
My fomrniss'nn Expires June 1, It
CORPORATION ACKNOWLEDGMENT
THE STATE OF TEXAS, OEFORF, ME, the undersigned authority,
COUNTY OF.
in and for said County, Texas, on this day re.rs,mally appeared
knw,%n to me r, Ix the p,.rb, n ur.d 0M..crr
whose nerve Is subscribed to the foreln,lrg Instrvmrnt and arsnowl.dKr4 to rte ILat the ssmr wag the n(t or the saH
a corporation, and that he executed the samo as the act of nuF corpo-ati.,a for thu pori~s.s and tunai kration therein
expressed, and in the capacity therein staled.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of A.D. 19
(LF)
P 0 Notary Public, - County, Texas
I :nmis.ion Expires June 1, 19.
t CA
c
THE STATE OF TEXAS-4,
_ . _ . County
COUNTY OF- C ~ 33~ ~
Clerk of the County Court of as! ou
hentArGs t~ Lue foregoing instrument of writing dated on the
0hp
day ot_. _ W with its Certificate of Authrnlicution, was frlcd for it 1P
record In my offce on the.... ~ lot - , A. G. 19 at o'clock 51., and duly
recorded this _ day of V , $ ; A. D. 19 at o'clock :t1., In the
% It)r+ s id County, in Volume on pages
WITNESS MY HAND AND I F THE C 4~dC~L P of said County, at ef}ice In
r last above written,
11 *-A urty Clerk _ _ County, Texas.
(L S.) By Deputy.
I
t
Y G A \`H ~ f ~ ~ Ir V
i rn I ~ ~ 1 i ~ ! , ~ ~ ~ a
11.1 3 i55 i t! !
n 'I ~ ~ I a f ii,* ~ 1 ~ ~ B
i+af 3f_ Ltd Y a
i
ji.
1, 4il,
- E Ya 9~ n~c'441
OATH OF OFFICE
do solemnly
swear (or affirm)) that IIwill faithfully execute the duties of the
office of
of the City of Denton, Texas, and will to the best of my ability
preserve, protect and defend the Constitution and laws of the United
States an;i of this State and the Charter and Ordinances of this City.
Subscribed a savor to before me the undersi ned on this the -I
day of A.D. 19. To certify i-iMcFi-
witness n a l;ea of office.
1 EC TRY
CITY OF DENTON, TEXAS
d
~ I~~~'
a
~ ('F
THE STATE OF TEXAS, 'ya
COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS:
I
DEED CORDS
THAT CONSOLIDATED LAND COMPANY, INC. 20604
of Denton County, Texas , in consideration of the sum of
------One Dollar ($1.00) and other goat and valuable consideration
in hand paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by
these presents giant, 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 tl'.: following
described property,
owned by it . Situated in Denton County, Texas, in the
N. H. Meisenheimer Survey, Abstract No. 811
All that certain lot, tract or parcel of land lying and being situated
in the City and County o. Denton, State of Texas, and being part of the
N. H. Meisenheimer Survey, Abstract No. 811 and being part of Lot No. 4,
of the Lee Pool Addition, an addition to the City and County of Denton,
and also being part of a tract of land as conveyed from William E. Brady
to.Consolidated Land Company, Inc. by deed dated June 18, 1979 and re-
cordad in Volume 957, Page 922 of the Deed Records of Denton County,
Texas and more particularly described as follcws:
BEGINNING at a point in the north boundary line of said tract, said point
of beginning being 88.01 feet south 89° 22' 20" east of the northwest
corner of said tract;
THENCE south 89° 22' 20" east along the nortl• boundary line of said tract
same being the south right of way line of Prdch Street a distance of
16.00 feet to a point for a corner;
THENCE south 104.0 feet east of and parallel to the west. boundary line
of said tract a distance of 69.82 feet to a point for a corner;
THENCE west a distance of 16.0 feet to a point for a corner;
THENCE north 88.0 feet east of and parallel to the west boundary line
of said tract a distance of 70.0 feet to the place of beginning and
containing 1,118.52 square feet of land, more or less.
And It Is further agreed that the said City of Denton, Texas ,
In consideration of the benefits above set out, will remove from the property above described, such fences,
buildings and other 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 end 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.
Witness my hand , this the ldtJl.., day of , A. D. 1979 I
ONS D TED LAND OMP NY INC.
-BY I ,4 , ( 4.1
CARROLL COEN
SINGLE ACKNOWLEDGMENT
T➢IE 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 subscribed to the foregoing instrument, and acknowledged to me
that he executed the some for the purposes and consideration ;therein expressed.
GiVEN UNDER MY HAND AND SEAL OF OFFICE, This _ day of A.D. 19__.._
(L.S.)
Notary Public, Count Texas
Dly (',mmission Expires June 1, 19
SINGLE ACKNOWLEDGMENT
THE STATE OF TEXAa,
COUNTY OF. BEFORE ME, E, the undersigned authority,
is and for said County, Texas, on this day personally appeared _
known to me to be the person __whose name salserilmd to the foregoing instrument, and acknowledged to me
that ..._.he .__-executed the same for the purposes and consideraliun th-rain expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of A.D. 19
Notary Public, County, Texas
Arv f emmission Fxplres June 1, 19
CORPORATION ACKNOWLEDGMENT
THE STATE OF TEXAS, BEFORE ME, the under slg~tpi-tTihorlty,
COUNTY OF. DENTON , 'r
in and r.. A County, Texas, on this day personally appeared . -Carroll Goen of Cofisdl ~ed
Lar,' ..Dmpanyl Inc. kn,un to mr to Ie 40,J%-hsun nd ofrmor i-
whose _me is subscribed to the f,rotzr;ai in,trnm',t and ockroWledged to Irr that thl same WIS the art he %a(d : , =
Consolidated Land Companyy, Inc.
a corporation, and that he eseculed the s.n as rt;e act of such c,ulKnution for thr p, rp,crs and consideraton turaln' u
expressed, and In the capacity therotn slated. - - - . Y _ ;
GIVEN UNDER MY BAND AND SEAL OF OFFICE, This day of A. D. 197' ri
Denton . _ County, Texas
My Commis.0on Expires•~,--. P ( 8d
CL 'S CERTIFICATE
THE STATE OF TEXAS, a a~° IA _ County
COUNTY 01... _
Clerk of the County Court of said City. y ceJej the regoing instrument of writing dated on the
day of ' , A. ,YY its Certificate of Authentication, was filed for
record in my ofrce on the of D.19 . at o'clock M., and duly
H
recorded this. ....,day of ,y A. D. 19 a'... o'clock
M., in the
....~Rdc 6'gld County, in Volume. , on pages _
WITNESS MY HAND AND FQHE Jpp 1 of said County, at olRce In
- ~ st above written.
X s~grp y Clerk _ . County, Texas.
(L S.) It~ g Deputy.
J G
F LEp o y
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0 ! A 13 M 9:15
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7 i x E• F;Af f 7 il'1.~ ' ' i
1, ; W a cauFtY M r:> E ~g
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x I + $
3ka
,1 VVV V
AT A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON,
TEXAS, HELD IN 1HE MUNICIPAL BUILDING OF SAID CITY ON THE 24TH DAY
OF JULY, A. D. 1919.
R E S 0 L U T 1 0 N
WHEREAS, the City of Denton, Texas, and the County of Denton,
Texas currently participate in the jointly approved Denton
City/County Medical Services program; and
WHEREAS, the City of Denton has budgeted funds for its
one-half contribution to the said City/County Medical Services
Program; and
WHEREAS, the City of Denton has received a bill from the
County of Denton for its one-half contribution of the total amount
needed for the program;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DENTON. TEXAS, THAT:
The City Council of the City of Denton hereby authorizes the
City Manager to pay a total of $5,297.6B to the County of Denton
as its one-half share contribution to the City/County Medical
Services Program.
PASSED AND APPROVED this the 24th day f-,3 ly, A. D. 1979.
A WAOW V /
BILL NASH, MAYOR
CITY OF DENTON, ',FXAS
ATTEST:
MOOKS-HOLTj CITY SECRETARY
CITY OF OENTON, TEXAS
APPROVED AS TO LEGAL FORM:
BURT R. SSA SETT N U L ITT-
ATTORNEY, CITY OF DENTON, TEXAS
e
t
L ire .1
1
.
Y~
IT f} . 1 S 1~ F ~ x . 1 ,
b
NO. 79-5
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE
CONTINUANCE OF AD VALOREM TAXATION ON ALL AUTOMOBILES THAT A FAMILY OR
INDIVIDUAL OWNS AND DOES NOT BOLD OR USE FOR PRODUCTION OF INCOME; AND
PROVIDING AN EFFECTIVE DATE. '
WHEREAS, the Texas Legislature has passed H.B. 1060 which includes
the comprehensive implementation of the 1978 "Tax Relief Amendment"
approved by Texas voters in November of 1978; and
WHEREAS, the provisions of Article 5 of H. B. 1060 permit the
governing body of a taxing unit to continue the ad valorem taxation of
all automobiles, as defined by Section 2, Uniform ~ct Regulating
Traffic on Highways, as amended (Article 6701d, V.A.T.S.), that a
family cr individual owns and does not hold or use or production of
income; and
WHEREAS, the City of Denton, Texas presently taxes all such
automobiles within its corporate limits; and
WHEREAS, the City Council of thr. City of Denton, Texas, after
careful consideration of the m3tt~r nas determined that the City of
Denton should continue to carry all ;uch automobiles on its tax rolls
for the 1979 tax year as allowed by Article 5 of H.B. 1060 (Article
7150.3);
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY CF DENTON, TEXAS,
HEREBY ORDAINS;
SECTION I.
That the exemption from ad valorem taxation on all automobiles that
a family or individual owns and does not hold or use for production of
income provided for under Article 5 of H. B. 1060 (Article 7150.3,
Section 1, V.A.T.S.) shall not apply to the City of Denton, Texas Tax
Rolls for the 1979 tax year.
SECTION II.
That the City of Denton, Texas shall continue an ad valorem tax for
the 1979 tax year on all automobiles within its cororate limits that a
fanri'y or individual owns and does not hold or us for production of
income.
SECTION 111.
That due to the importance of this legislation and the deadline for
passage imposed by the Act creates an emergency in the preservation of
the public health, safety and welfare, and it requires that this
ordinance shall take effect immediately from and after its passage, as
the law in such cases provide.
PASSED AND APPROVED this the elf day of July, A. D. 1979.
L -14.k-(O-R--
CITY OF DENTON, TEXAS
ATTEST:
CITY eC`RE'TAIfY-
C Y OF OENTON, TEXAS
APPROVED AS TO LEOA FORM:
BURT R, 5ULUM CITY`-
AVORNEY, CITY OE DENTON, TEXAS
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AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE CLnSING
AND VACATING OF A PORTION OF THE UTILITY EASEMENT IN LOT 61 BLOCK E,
GRANT ESTATES ADPITIO14 TO THE' CITY AN!, .O'tNTY Of' DENTON# TEXAS; PFC-
VIDING FOR THE REVERSION OF THE FEE TO SAID LAND; AUTHORIZING NECES-
SARY LEGAL DOCUMENTS TO BE PREPARED AND SIGNED; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton, acting pursuant
to law, and upon the request and petition of the Grantee herein, deems
it advisable to abandon and zonvey the hereinafter described utility
easement to Grantee and is of the opinion that said portion of the
utility easement hereinafter described is not needed for public use;
and
WHEREAS, the City Council of the City of Denton is of the opinion
that the best interest and welfare of the public will be served by
abandoning and conveying the same back to Grantee;
NOW, THEREFORE, THE COUNCIL COUNCIL OF THE CITY OF DENTON$ TEXAS,
HEREBY ORDAINS:
SECTION I.
That the hereinafter described public utility easement in Lot 61
Block E. Grant Estates Addition to the City and County of Denton, Texas,
be and the same is, hereby estinyutshed, vacated and permanently aban-
doned as an easement for public utilities insofar as the right, title
and easement of the public are concerned:
All that certain lot, tract or parcel of land lying and being situated
in the City and Covtty of Denton, State of Texas, and being part of the
R. Beaumont Survey, Abstract No. 31 and being part of Lot No. 61 Block
E of the Grant Estates Addition, an addition to the City and County of
Denton, and also being part of a tract o" land as conveyed from Grant
Estates to Hardy F. Burke III by deed dated October 19, 1978 and re-
corded in Volume 918, Page 973 of the Deed Records of Denton County,
Texas, and more particularly described as follows:
BEGINNING at a point in the east boundary line of said tract, same be-
ing the west right of way line of Aileen Street, said ,oint of beginn-
ing being 6.0 feet south 0° 12' 45" east of the nortt.rast corner of
said tract;
THENCE south 00 12' 45" cast along the east boundarl line of said tract
same being the west: right of ~;ay line of Aileen Street a distance of
4.0 feet to a point for a corner;
THENCE south 8911 46' 51" west 10.0 feet south of and parallel with the
north boundary line of said tract a distance of 150.19 feet to a point
for a corner said point being 15.0 feet east of the west boundary line
of said tract;
4HENd2 n6'r-tfi-00 23'' 14" ,west 15.0 feet east of and parallel with the
west boundary line of said tract a distance of 4.0 feet to 't point for
u corner;
THENCE north 890 46' 51" east E.0 feet south of and parallel with the
north boundary line of said tract a distance of 150.20 feet to the
place of beginning and containing 600.78 square feet of land, more or
less.
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SECTION II.
That the abandonment and conveyance provided for herein shall
extend to the right, title, easement an9 ipte.re.;t of the City of
Denton, and shall be construed to extend only to that interest the
governing body of the City of Denton may legally and lawfully abandon
and vacate.
SECTION III.
That this abandonment and conveyance is made subject to all
present zoning and deed restrictions, if the latter exist, and is
subject to all existing easement rights of others, if any, whether
apparent or nonapparent, aerial, surface, underground or otherwise.
SECTION IV.
That the City Attorney is hereby authorized to prepare and
deliver whatever legal documents are required with rdAgard to the
area abandoned and conveyed herein, should such be requested by
Grantee hereunder, the same to be executed by the Mayor on behalf
of the City of Denton, and attested by the City Secretary.
SECTION V.
That the City Se,-lretary is hereby authorized to certify a copy
of this ordinance for recordation in the Deed Records of Denton County,
Texas, and a certifie9 copy of same shall be delivered to Grantee upon
receipt of the fee for publishing this ordinance.
SECTION VI.
This ordinance shall take effect immediately from and after its
passage and publication in accordance with the provisions of the
Charter of the City of Denton.
PASSED AND APPROVED this the 17th day of Juiy, A. D. 1979.
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BILL , OR
CITY OF DENTON, TEXAS
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APFROVVEE,D~AJSS//TjO LEGAL FORM:
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BURT R. SO 0 ACTING CITY
ATTORNEY, CITY OF DENTON, TEXAS
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AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS,
AS SAME WAS ADOPTED AS AN APPENDIX TO THE C,)."E OF ORDINANCES OF
THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP
APPLIES TO APPROXIMATELY 7 ACRES OF LAND IN CITY LOT 6, BLOCK 285,
AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON,
TEXAS. AND MORE PARTICULARLY DFSCRIAF,D THEREIN; AND DECLARING AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION I.
That the Zoning Map of the City of Denton, Texas, adopted the
14th day of January, 1969, as an Appendix to the Code of Ordinances
of the City of Denton, Texas, under provisions of Ordinauce No. 69-1,
be, and the same is hereby amended as follows:
All the hereinafter described property is hereby removed from
the Agricultural "A" District as shown on said Zoning Map, and all
provisions of Ordinance No. 69-1, adopted the 14th day of January,
1969, as amended, shall hereafter apply to said property as Planned
Development "PD" District for Single Family "SF-711, duplex, and zero
lot line residential uses on this seven acre tract, in the same manner
as other property located in the Planned Development "PD" District;
All that certain lot, tract or parcel of land lying and being situated
in the City and County of Denton, State of Texas, and being a portion
of City Lot 6, Block 285, located on the south side of I-35E. This
tract begins at a point which is 1800 feet south of the I-35E State
School Road intersection, and 650 feet east of the State School Road.
The tracts dimensions are 600 feet on the north; 430 feet on the west;
625.7 feat on the sough; and 600 feet on the east.
SECTION II.
That the City Council of the City of Denton, Texas hereby finds
that such change is in accordance with a comprehensive plan for the
purpose of promoting the general welfare of the City of Denton, Texas,
and with reasonable consideration, among other things for the character
of the district and for its peculiar suitability or particular uses,
and with a view to conserving the value of the buildings, protecting
human lives, and encouraging the most appropriate uses of land for the
maximum benefit to the City of Denton, Texas, and its citizens.
SECTION III.
That this ordinance shall be in full force and effect immediately
after its passage and approval, the required public hearings having
heretofore been held by the Planning and Zoning Commisaion and the City
Council of the City of Denton, Texas, after giving due notice thereof.
PASSED and APPROVED This the 17th day of lily, A. D. 19790
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CITY OF DENTON, TEXAS
ATTEST:
CITY GE DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
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R. SOLOM'3N3j ACTING CITY
ATTORNEY, CITY OF DENTE" , TEXAS
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AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS,
AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF
THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP
APPLIES TO CITY LOT 8, BLOCK 39., .410 SHOW' mHI3 DATE ON THE OFFICIAL
fAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED
THEREIN; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL, OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION 1.
That the Zoning Map of the City of Denton, Texas, adopted the
14th day of January, 1969, as an Appendix to the Code of Ordinances
of the City of Denton, Texas, under provisions of Ordinance No, 69-1,
be, and the same is hereby amended as follows:
All the hereinafter described property is hereby removed
from the Neighborhood Service "NS" District as shown on
said Zoning Map, and all provisions of Ordinance No. 69-10
adopted the 14tb day of January, 1969, as amended, shall
hereafter apply to said property as General Retail "GR"
District in the same manner as other property lasated in
the General Retail "GR" District;
All that certain lot, tract or parcel of land lying and
being situated in the City and County of Denton, State of
Te•- q, and being City Lot 8, Block 394 and being approxi-
mately ,3 acre of land located at the southeast corner of
Eagle Drive and Kendolph Street in the City of Denton,
4
SECTION II,
That the City Council of the City of Denton, Texas hereby finds
that such change is in accordance with a comprehensive plan for the
purpose of promoting the general welfare of the City of Denton,
Texas, and with reasonable consideration, among other things for the
character of the district and for its peculiar suitability or parti-
cular uses, and with a view to conserving the value of the buildings,
protecting human lives, and encouraging the most appropriate uses
of land for the maximum benefit to the City of Denton, Texas, and its
citizens.
SECTION III.
That this ordinance shall be in full force and effect immediately
after its passage and approval, the required public hearings hiving
heretofore been held by the Planning and Zoning Commission and the City
Council of the City of Denton, Texas, after giving due notice thereof,
PASSED and APPROVED This the 17thday,af u 19796
I /S NASH, 'MAYOR
CITY OF DENTON, TEXAS
ATTEST:
4 SH 0; t AW
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL ?ORM:
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16&Fl- 80 0 , ACTING C=T '
ATIORNLY, CITY OF DENTON, TEXAS
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AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE PROVI-
SIONS OF ARTICLE 1 OF H.B. 1060 RELATING TO TAXATION OF AGRICULTURAL
LAND AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Texas Legislature has passed H. B. 1060 which
includes the comprehensive implementation of the 1978 "Tax Relief
Amendment" appruved by Texas voters in November of 1978; and
WHEREAS, the provisions of ,rticlo 1 of H. B. 1060 relating
to the taxation of agriculture land are automatically effective for
the 1979 tax year unless the governing body ta!:eG affirmative action
by June 15, 1979 to waive their applicability until the 1980 tax
year ; and
WHEREAS, the City Council of the City of Denton, Texas, after
careful considLration of the matter has dote. mined that the provi-
si-ns of Article 1 of H. B. 1060 should be waived and postponed
until the 1980 tex year as allowed by the Act;
.VOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DEN'TON, TEXAS,
HEREBY ORDAINS:
SECTION I.
The provisions of Article 1 of H. B. 1060 relating to the
taxation of agriculture land on the basis of its productivity rather
than market value shall not apply to the 1979 tax year for the City
of Denton, but rathozt be postponed until the 1980 tax year.
SEC?:ION II.
That due to the importance of this legislation and the deadline
for passage imposed by thi Act creates an urgency and an emergency
in the preservation of the public health, safety and welfare, and
it requires that this ordinance shall take effect immediately from
and after its passage, as the law in such cases provides.
PASSED AND APPROVED this the Z -gday of y. D. 1979
8 A -P MAYOR
ATTE CITY OF DENTON, TEXAS
-HOL7-1 CITY SECRETARY
APPROVED AS TO LEGAL FORMS
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BURT R. SO GN , ACTING CITY
ATTORNEY,
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A96-WARRANTY DEED-With Crnttd aaa Cmpor,tio" Adr.~1eA;,ment, ISAA ionar Co ~J
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THE STATE OF TEXAS, Know All Men B These P
By resents:
COUNTY OP...... DENSO.N..........................
DEED RECi RDS 181.21
;hat State of Texas and North Texas State University
of the County of Denton , State of Texas for and in consideration of
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the sum of
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to them In hand paid by the City of Denton, Texas
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have Granted, Sold and Conveyed, anc' by these presents do Grant, Sell and Convey unto the said
City of Denton, Texas
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of the County of Denton State of Texas all that certain
lot, tract or parcel of lan3 lying and being situated in the City and
County of Denton, State of Texas, and being part of the E. Purhalski
survey, Abst. No. 0,96, and being part of a tract of land as conveyed
from Pearl Campbell to Beulah A. Harries by deed recorded in Volume
829, Page 303 of the Deed Records of Denton County, Texas, and more
•..articularly described as follows:
BEGINNING at the northeast corner of said tract, said point of beginning
also being the intersection of the south right-of-way line of Eagle brive~
and the west. right-of-way line of Avenue "D"t I
THENCE south, along the east boundary ling of said tract, same being the
west right-of-way line of Avenue "D", a distance of 7.0.0 feet to a point
for, a corner; F
THENCE north 45000' west, a distance of 5.66 feet to a point fjL : corner'
THENCE west, 6.0 feet south of and para " el with the north boundary line
of said tract, same being the south right-of-way line of Eagle Drive, a
. , distance of 46.0 feet to r. point!
THENCE norl.,h 88016154" west, a distance of 100.05 feet to a point for a
corner in the west boundary line of said tract;
THENCE siorth, elong the west boundary line of said trait, a distance of
340 feet to a point for a corner, same being the northwest coiner of
said tract;
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THENCE: east, along the north bou.ndeary line of said tract, same being
the south right-of-way line of Ear;e Drive, a distance of 150.0 Beet
to the place of beginning and conf.ainieg 758.0 square feet of land,
more or less.
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TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights aid
appurtenances thereto in anywise belonging unto the said City of Denton, Texas, its successors
I 19and assigns forever; and we do hereby bind ourselves, our
heirs, executors and administrators, to Warrant and Forever Defend all aad singular the rald premises unto the
said City of Denton, Texas, its successors
belat and assigns against every person whomsoever lawfully claiming, or to claim the same, or any part
thereof.
Witness our hande I! Denton, Texas this 21st day of
June , A.D. 1979
Witnesses at Request of Grantor;
f,TATE OF TEXAS AND NOKIR TEXAS
. STATE- VNIVERSJ°..... y .
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ACKNOWLEDGMENT
THE STATE OF' TEXAS,
BEFORE ME, the undersigned authority,
COU};,TY OF
In and for said County, Texas, on this day pcrsonp.lly appeared.. _
known to me to be the person........ whose name, subscribed v the foregoing Instrument, and acknowledged to me that II
he.......... executed ibe'same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, Thls ................................day of....... A. D. 19.....
(L.S.)
Notary Public County, Texas
I, My Cnmml.aaion Eaplres June 10......... l
~I ACKNO`ii LEDG)IENT
III' THE STATE OF TEXAS,
AF.FORF, ht F., the undersigned authori'y,
Z COUNTY OF
In and for said County. Texas on this day personally appeared. _
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known to me to be the person........... wb se name .........................subscribed to the forrgoi,,g Instrument, and acknowledged to me that
be......... executed the same for the purposes and consideration therein earrm%ed I
GIVEN UNDER MV HAND AND SEAL OF OFFICE, Thh..._._._....._.......... day of _ A. D. 19....._.. .
Notary Public,...... County, Teus
My Commission Calif" )una_..,._..... 19.........
CORPORATION ACKNOWI.EDGMENr
TTHSTADE E OF TEXAS, BFFORE SIC, the undersigned authority,
COUNTY G
In and for mid County, Ters, on this day personally appeared. aTQhn L._ Car,1C,x, Of,
' &.r.t.h...Wx.A.a....s.t.4t..._ .Y~..e...ty , known to me to be the person at.d officer
whose acme Is subscribed to' ~t~t- jc x instrument and acknowledged to me that the same was the act of tw saki..,.......
!gsth Texas.. 1/~-~ veraity
a corporation, and thaR;l"saethled.p~•xpse as the act of such corporation for the purposes and consideration therein expressed, and In
the capacity therdatld. ; t. C s
GIVEN IVNsD tEAL OF OFFICE, This_..' 1~..`~: ..day of.... ~<ctk5 A. D. IO...rf.?.
(L.If:~ o --P
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t • My Commbsioo Explro )ww► . s;k....zPf 19. /..9..
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THE STATE OF TEXAS,
COUNTY or_.........
County Clerk of the County Court of said County, do hereby cert'Iy that the foregoing Instrument of writing dated on the
j ..........................day of A.D. 19............, %ith its Certificate of Authentication, was filed for record In my office
an of_.... A.D. 19.1 at.... O'clock M., and was duly recorded this....................
day oi.._. AM. 19............, at.... o'clock....,........ »..,„...M., 1st the Records of said County, in Val.
ulna..w..............» .t on Pagel
°.riTNESS my hand and seal of the County Court of laid County, at my office in._...........
. .I......... _the day and yell last above written.
Clerk County Court._...._......».».»._ County, Texas
(L. 3.) By............... Deputy.
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TILE STATE OF TEXAS
COUNTY OF DEN-0.1 !
THIS AGREEMENT, made as of the 3rrf day of Tut./ ,
194-, by and between the City of Denton, Texas, acting through its
duly authorized to so act on 'Tug
19 hereinafter called "City," and Shimck, Jacobs &
Finklea, a partnership, hereinafter called the "Engineer. "
W IT N ESSET11:
WHEREAS, the City is in need of engineering services in connection with
the preparation of plans and specifications, general administration of con-
struction, on-site observance of construction and construction lint: and grade
surveys for overlaying the 5000-foot north-south runway and related taxiways
at the Denton Municipal Airport;
WHEREAS, the firm of Shimek, Jacobs & Finklea is acceptable to the
City and is willing to enter into a contract with the City to perform the re-
quired engineering services;
NOW THEREFORE, IT IS AGREED AS FOLLOWS:
Section I
The City hereby retains the Engineer and the Engineer agrees to per-
form tho professional services hereinafter set forth in connection with the
overlay of the north-south runway and related taxiways.
-1-
Section If
TILL scrvi,os petforined by the Engineer shall be divided into four
phases as follows:
Phase I Preparation of detailed plans, specifications and
contract documents fur the improvements;
Phase lI General administration of construction;
Phase III On-site observance o! construction; and
Phase IV Construction line and grade surveys.
Phase I - Preparation of detailed plans and apccifications - shall be
completed by August 20, 1979, subject to being authurized un ur b--fore
July 10, 1979, and shall include;
(a) Establishing the scope of the quality control engineering which may
be required and assistance in making the necessary arrangements
for such engineering to be conducted fur t&e Cily'n Account;
(b) Surveys, preliminary .lesign and lay,.)ul of the improvements;
(c) Furnishing to the City the engineering data necessary for applica-
tions for routine permits by local, state and federal authorities;
(d) Preparation of detailed plans, specifications and contract documents
for the improvements;
(e) Preparation of i roiect quantity and cost estimates.
Phase If - General administration of construction - shall includes
(a) Assistan.e to tLe City in the advertisement of the project for bids
and acts essential thereto;
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(b) Assistance to the City in tuc opening, tabulation and analysis of the
bids received and advise with the City as to the appropriate action
to be taken;
(c) Assistance in the preparation of formal contract documents for
construction contracts;
(d) Making periodic visits to the site (as distinguished from the contin-
uous services of on-site observance of construction) to observe the
progress and quality of the executed work and to determine iti gen-
eral if the work is proceeding in accordance with the contract docu•
ments. In carrying out this function, it is understood that the I;'1-
gineer does not guarantee the contractor's performance, nor is lie
responsible for supervision of (lie contractor's operation and etn-
ployces;
(e) Consulting and advising with the City, and preparing routine change
orders as required;
(f) Reviewing shop and working drawings furnished by contractors for
compliance with design concept and with information given in con-
tract documents (Contractor is responsible for dimensions to be
confirmed and correlated at job site);
(g) Review of laboratory, shop and mill tests of material and equip-
, mint;
(h) Prep;.ra:ton of monthly and final est-,mates for payments to con-
tractors, and furnishing to the City any necessary certifications as
to payment; to contractors and suppliers;
-3-
(i) Assist the City in pre paring grant payment reque:;ts to the Federal
Aviation Administration;
(j) Performing, in company with the City's repre.,entatives, a final in-
spection of the protect, and ~h, irnishing of a written report
thereof;
(k) Recision of construction drawings, wits, the assistance of the resi- +I+
9
c,enl Project Representative:, to reflect any revisions included in
const.uction records.
Phase 111 - On-site observance of construction - shall, provided the City
so instructs pursuant to the req.Arements of Section V, include:
(a) To help insure that the work performed complivz: with the plans and
specifications;
(b) Daily observance of the work an a reprccsentative of the Enginecr;
(c) Examine and report on the day-to-day acceptability of materials to
be used in the work.
Phase IV - Construction line and grade surveys - shall include:
(a) Setting bench marhes for establishing vertical control during the
construction of the project;
(b) Setting construction staKen for horizontal and vertical control dur-
ing construction;
(c) Checlcing the accuracy of the contractor's work.
Section III
For the services to be performed under Section it, 111mi:c 1 - Prepara-
tion of detailed flans, specifications and contract docurneitils, paynrent to
the Engineer .Otall be the lump sum amount of Twenty-Four
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Thousand Dollars ($24,000) upon completion and
approval of the plans and specifications and contract documents by tile Gity.
In calculating il:use lu..th sur.1 charges, the. City hccs 1,r•c:u cred[ted a total of
One Thousand Do?lars ($1,000) of the amount previously paid
for preliminary design which has been effectecl by virtue of the pr+_paration
of the Master Plan.
For the services to be performed under Section II, Phase It - General
aclministrttioy of construction, payment to the Engineer shall be the lump
sum amount of Eight Thousand Dollars ($B, 000).
Th:s amount shall be paid durhig the construction of t6u pru-
jest in proportion to the contractor's earnings.
For the services to be performed ender Section It, Phase- Ill - ()'I-,!to
observance of construction, the F.nghlecr will furaitdr tint, service at the
rate of One Hundred Twenty Dollars and no/100 ($1•l.+1.00) per day, including
transportation.
For the services to be performed under Section II, Phase IV -
Construction line and grade surveys, the Engiucor will furnish this
i
service at the rate of Two ]kindred Twenty-Five Dollars and no/100
• k
($225.00) per day, including-transportation.
Section IV
The charge provided under Phaw I and I'ha~c 11 shall licit Luclude lu•op-
rty, boundary and right-of-way surveys; si.op, mill, field or laboratory
inspection of mnleriais; cost of tctrt buring;t and other subsurfaA
Est
explorations; copies of plans and specifications in excess of five; calcula-
tions of special Cie sei:-teal of c% r,;5' lent Project Re preJen-
tatives for continuous on Ahe-site observance of the work; or the furnishing
of construction line and grade surveys.
e If, during preparation of the plans and specifications, or thereafter,
.he Engineer shall be requires: to render additional services because of
changeE, or delays, or other causes he7ond his control, then the Frigineer
shall be compensated for stich additional services on the basis of actual
salary cost of such additional services tinios a multiplier of 2. 25, with di-
rest - xpense reimbursed at actual cost times a multiplier of 1. 1.
Section V
It is understood and agreed that the City shall have complete control of
th,a services to be rendered and that no work shall be clone under this con- 1
tract until the Engineer is instructed in writing to proceed with the work.
It is also understood that the Engineer will not supply a resident Pro-
ject Representative for continuous on-the-site nbservan:e of the work or
furnish construction line and grade surveys unless the City so instruc.s the
Engineer ir, writing to do so. In the absence of such instructions, no liabil-
ity will be incurred by the City.
Section VI
Any provision in this contract notwithstanding, it Is specifically undor-
stood and agreed that the Engineer shall not authorize or undertake any
work pursuant to this contract, which work would require the ptyment of
-6-
any charge, expense or reizubursemert in addition to the charges stipulated
in Section IJ for Phase I and Phase fI above without having first had and ob-
tained specific written authority therefor from the City.
S(:ction VII
This contract shall not be assignable in whole or in part without the
consent of the City.
Section VI1I
All payinents for services rendered by the Pngineer that have not been
~ -r
paid within thirty (30) clays after becoming -te shall thereafter accrue in-
terest at the rate of six percent (6/;) per annum.
Section IX
In connection wtlh all the work outlined or contemplated Move, it is
agreed that the City or the Engineer inay cancel or terminate this contract
upon thirty (30) days written notice to the other, with the provision and un-
derstanding that immediately upon receipt of notice of such cancellation
from either party to the other all work and labor being performed under this
contract shall immediately cease, pending final cancellation at the c.id of
such thirty day period, and further provided that the Engineer sl+ail be com-
pensated in accordanco with the terms of this agreement for all work ac-
complished by him prior to the receipt of notice of such termination, and be
it further provided that upon such cancellation, Engineer will deli%*Cr to City
all work ;,roduct relative to the project.
_7_
Section X
It is expressly a-ecr! 'hat all matteio ui law and fact or 0 controversy
arising out of this agreement shall be determined by the District Courts of
Denton County, Texas,
IN WITNESS HEREOF, the City of Denton, Texas, has caused these
presents to be executed in quadruplicate by its AYf)1~ and
witness th•i execution hereof by Shinic'k, Jacobs It Finklea, Consulting Fn-
i
gineers, through I. C. Finklea, P. E., Partner,
THE CITY OF DENTON, TEXAS SHIMM<, JACOBS G FINKL EA
Consultinf, Engineers
B y By.
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1. C. Finklea, N. b., i--~-
Pa rtncr
ATTEST
APPROVED AS TO ORM:
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AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 3RD DAY OF JULY,
A.D. 1979.
RES0L10N
WHEREAS, certain citizens and organizations in the community,
which include the League of Women Voters and the Citizens Landfill
Site Selection Committee, support the development of a program for
resource recovery in the City of Denton, Texas; and
WHEREAS, the City Council of the City of Denton, Texas his
determined that Resource Recovery may offer a long range solution
to the solid waste problem in Denton; and
WHEREAS, the City Council ha: determined that funds are
available from the United States Department of Energy to finance
a portion of Lhe coat of conducting a feasibility analysis for
a Resource Recovery Pruett;
NOW THEREFORE, BE IT RESOLVED THAT THE CITY MANAGER OF THE
CITY OF DENTONj TEXAS:
Is hereby a+ithorized to submit an application to the United
States Department of Energy for funding to conduct a feasibility
analysis of Resource Recovery for the City of Denton.
PASSED AND APPROVED this the 3rd day, o July, AD. 1979.
Alit
CITY OF DENTON, TEXAS
ATTEST:
$1BROOKS HOLTs CITY SECRETARY
CITY OF DENrON, TEXAS
APPROVED AS TO LEGAL FORM:
44204. o,,,.....r.._.-
BURT s 6 ACTING MY ATTORNEY
CITY OF DWONo TEXAS
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OATH OF OFFICE
I. _ Robert La Forte do solemnly
swear (or affirm) that I will faithfully execute the duties of the
office of Pld nn ina and Zoning Commissioner
of the City of Denton, Texas, and will to the b_.,st of my ability
preserve, protect and defend the Constitution and laws of the United
States and of this State and the Charter and Ordinances of this City.
Subscribed and sworn to before me the undersigned on this the
day of rr A.D. 19 7`1 To certify WFc-fi"
witness my anc and scar of office.
am s r: I ET R
Assistant City Planner CITY F OEIiTON, TEXAS
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O III OF OFFICE
do solemnly
swear (or affirm) that I will faithfully execute the duties of the
offi^e of Planning a"ndZoniny Commissioner
of tho f'ty of Denton, Texas, and will to the best of my ability
preserve, protect and defend the Constitution and laws of the United
States and of this State and the Charter and Ordinances of this City.
Subteribed and sworn to before me the undersigned on this the
day of N A.D. 1977 To certify irh chi
witness rm d a~seaf of o°fice.
Nam A. CT-sIT-~ for: VIY(-~EMETTR
Assistant City Planner CITY OF DENTON, TEXAS
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OATH OF OFFICE
--Richard_Ia]j afErrQ_ do solemnly
swear (or affirm) that I will faithfully execute the duties of the
office of Pj~nnina anoning Comsissioner I
of the City of Denton, Texas, and will to the best of my ability
preserve, protect acid defeOU the Constitution and laws of the United
States and of this State and the Charter and Ordinances of this City.
Subscribed and sworn to before me the undersigned on this the
day of ! G +r , A.D. 19 71 To certify which
witness my a nd seaof office.
am s for: ] EC T Rif - "
Assistant City Planner CITY OF DENTON, TEXAS
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THE STATE OF TEXAS X
CONTRACT
COUNTY OF TEXAS X
This agreement nade and entered into on this day
of July, 1979, between thegCity of Denton, Texas, a home rule
municipal corporation, hereinafter referred to as "City" and
Myron Reaves, hereinafter referred to as "Reaves";
WITNESSETH:
WHEREAS, the City is in need of immediate consulting
services to aid in the inspection of its streets; and
WHEREAS, the City will continue to require the services
of a person to handle such street inspections at least until
the first day of January, 1980;
NOW, THEREFORE, PREMISES CONSIDERED THE PARTIES AGREE AS i
FOLLOWS:
1. The City agrees to hire Reaves as an independent
consultant to perform street inspection functions of the City
as assigned to him. Reaves will report to the Director of
Public Works who will coordinate the work assigned to.Reaves.
2. Reaves will work from July 9, 1979 to January 1,
1980 for Six Dollars ($6.00) per :tiour and the total number of,'
hours worked shall, be no more than 417 hours for a total pay- •
•
went by the City of no more than Two Thousand Five Hundred Two
and No/100 Dollars (2,502 00). A lug of the sctt►1 working
V me will be kept by Reaves and submitted to the.Director of
Public Works at regular inte%vals. The City shall have an op-
tion to extend this contract with Reaves, should both parties agree,
for an additionrnl one (1) year period of lime, However, any exercise
of the option and/or increase in pay :,iust be agreed to and submitted
as an amendment in writing to this contract.
3. City agrees to furnish Reaves the use of a City owned
vehicle while performing necessary street inspection, '.ncc seme
rules and regulations governing the'use of. City owned vehicles
shall apply to 1;,eaves .
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~V~•y'r~:.,'~'byy~~j ,~.°a ~°.q_ ~ I• +a..~.r1 w• ,_,y T'° iA a „t.`.!a M-.~r•~~+~~ n• r,
p _ _ ~ _ ' l is .~'~'R'. `~'f c..- .r. r ~•7I
4. Either party may terminate this agreement by providing
thirty (30) days written notice to the other party.
CITY OF DENTON, TEXAS
BY:
C R S I R
.MYR~REAVES
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AT A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY Of DENTON$
TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 10TH
DAY OF JULY, A. D. 1979.
THE S'iATE OF TEXAS X
COUNTY OF DENTON RESOLUTION IN APPRECIATION OF
DR. ALAN WOODS, P.V.M.
WHEREAS, 194.. Alan Woode, D.V.M. has eeltved the City o6 Dento;+
a6 the City's Milk Inepectolt jolt twenty-jive (251
yea)Ls 64om 1954 untit 1979; and
WHEREAS, Dn.. Alan Wooda has pltovided vatuz3te help ant4 assiatanee
to the citizene of this community; and
1 WHEREAS, the 30th day of June, 1919 waa DA, Alan Woo{-s' last day
o6 service with the City o6 Denton; and
WHEREAS, the Wtow employees o6 Dlt. Alan Woode the citizene o6
the City o6 Denton and the City Council all deailte to
pteeent him with an appaopaiate token o6 theia 6eetinga
and applteciation;
NOW, THEREFOPE, RE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DENTON, TEXAS, THAT:
I, Bitt Naah, Mayot o6 the City 06 Denton, Tezae, do
hereby ohden that this Reactution be made a paltt of
the oj6ieiat minutes of the Council to be a permanent
ltecv4. of the City o66 enton, and that a copy of this
Reaotution be 6onwaltded to him, the said "DR. ALAN
WO09S, V.V.M.as a token o6 oult applteeiation.
PASSED AND APPROVED thin the 10th day of Juty, A. D. '979.
AOVOR
CITY OF DENTON, TEXAS
ATTEST
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CITY OF VENISON, TEXAS
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APPROVED AS TO LEGAL FONM:
X~TT1Ja`trT'~ 9'-ATTORNEY, CITY 0 E DENTON, TE:.AS
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AT A REGULAR MEETING OF THE t;ITY COUNCIL OF THE CITY OF DFNTON,
TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 10TH
DAY OF JULY, A. D. 1979.
R E S O L U T I O N
WHEREAS, the Texas Legislature has gassed H.B. 1660 which
includes the comprehensive implementation of the 1978 "Tax Relief
Amendment" approved by Texas voters in November of 1978; and
WHEREAS, the provisions of Article I of H.D. 1060 relating
to the taxation of agriculture land are automatically effective
for the 1979 tax year unless the governing body takes affirmative
action by July 15, 1970 to waive their applicability until the
1980 tax year ; and
WHEREAS, the City Council of the City of Denton, Texas, after
careful consideration of the matter has determined that the pro-
visions of Article 1 of 1l.B. 1060 should be waived and postponed
until the 1980 tax year as allowed by the Act;
NOW, THEREFORE, DE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DENTON, TEXAS, THAT:
1. The provisions of Article 1 of H.D. 1060 relating to the
taxation of agriculture land on the basis of its productivity
rather than market value shall not apply to the 1079 tax year for
the City of Denton, but rather be postponed until the 1980 tax year.
PASSED AND APPROVED this the 10t -day o July, A. D. 1979.
w
I NASHO MAYOR
CITY OF DENTO?', TEXAS
ATTEIT-i
AIVV4~000
13ROOKS HOET__CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM.,
BURT Ro ,`ACTIN G ZrTIT-
ATTORNEYO CITY OF DENTON, TRYA9
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CONTRACT FOR
ENGINEERING SERldrrcc
STATE OF TEXAS
COUNTY OF DENTON 0
This contract entered into this 1oU,,_ day of 1979,
by and between the City of Denton. Texas, hereinafter the Owner,
acting by and through I.I. S. Nash, its idayor, duly authori ed to act, and
Freese and Nichols, Inc., Consulting Engineers, Fort Eorth, Texas,
hereinafter called the Engineer.
WITNESSETH, that in consideration of the covenants and agreement,
herein contained, the parties hereto do r.utually agree as follows:
I. Employment of Engineer: The Owner hereby cnploys the Engineer
and the Engineer agrees to perform all necessary professional services
as herein :et forth in connection with the review and update of the
Long-Range Water Supply Plan for the City of Denton.
11. Character and Extent of_ Services The Engineer shall perform
professional services conipris-ing investigations and studies and develop-
ment of a report based on a comprehensive reviear and update of the
Report on Long-Range Water Supply previously prepared by the Engineer
for Owner in December of 1975. The scope of work. shall include the
following:
A. Water Rej,uiremen s:
1. In cooperation with the Denton City Staff, re-
view recent records of water use by the City
of Denton to determine present trends in water
demand.
2. Review and analyze available studies by the
North Central Texas Council of Governcents, the
Texas Department of Water Resources and oVers
regarding the projected population growth of Denton f
and other nearby areas which may reasonably be
anticipated to receive their water supplies through
the City of Denton's water facilities through the
year 2030.
1.
3. Review and evaluate the probable future requirc-
ments for water for industrial use and other
special uses.
4. Prepare projections of water requirements, by
decades, indicating potential mininium and •aximum
requirements and the most probable requirements
through the year 2030.
B. 4Later S Sly Sources
1. Review and evaluate the water supply available
to the City of Denton from the existing Lake
Lewisville.
2. Review and evaluate the proposed Aubrey Reservoir
supply.
3. Review and evaluate the potential sources of b
supply which may be available from:
a. The Red River Basin
b. The East Fork of the Trinity River"
C. The Sulfur River Basin
d. The Cypress Crock Basin
e. The Sabine Riv,,r Basin
4. Investigate the possibility of securing water on
an interim basis pending the development or' a long-
range supply.
5. i;:%view the quality of water available from the more
promising sources.
C. Estimate. of Cost:
1. Prepare estimates of cost of developrent of the
most feasible sources of supply and estimates of
the cost of facilities to transmit water from those
sources to the City's water tieatcrent plant.
2. Est mate the annual cost far c2livery of raw water
from the most feasible sources to the water treat-
ment plant, including costs of debt service,
operation and maintenance.
0. Report:
1. Prepare a written report covering the basic data,
cast estimates, findings and recorriendattons of
this study.
2.
2. Submit the report in draft form to the City for review.
3. Following review and approval of the draft, submit
50 printed and bound copies of the ~Inai report.
III. Time of CnrnE etion: The review draft or the report shall be
delivered to the Owner within one hundred and fifty (150) calendar days
following authorization to proceed with the study. The fifty printed and
bound copies of toe final report shall be delivered to the Owner within
fifteen (15) calendar days following review and approval of the draft.
IV. Fee: The Owner agrees to pay the Engineer for all services
rendered under this contract in accordance with the following:
Officer - Per Diem
S. W. Freese, J. R. Nichols, R. L. Nichols,
L. B. Freese, R. S. Gooch, J. P. Jones, R. A. Thorgrson, 111 $400.00
Associates - Per Diem
0. C. Allen, J. B. Mapes, A. H. Ullrich,
W. F. Clement, E. C. Copeland, J. H. Cook,
T. A. Reid, G. N. Reeves $350.00
Staff Members Salary Cost Tires Multiplier of 2.3
Salary Cost is defined as the cost of salaries of ,,ngineers, draftsmen,
stenographers, surveymen, clerks, lal:,ore"s, etc., for tirk directly
chargeable to the project, plus social security contributions, uner,ploy-
ment compensation insurance, retireiaionl benefits, medical and insurance
benefits, sick leave, bonuses, vacation and huliday pay applicable thereto.
(Salary Cost is equal to 1.35 tii:xrs salary payrents for 1974. This
factor is adjusted annually.)
Other Direct Expense Actual Cost %,,es Multiplier of 1.15
Other direct expenses shall include printing and reproduction expense,
communication expense, travel, transportation arni subsistence away from
Fort Worth and other miscellaneous expense dircc►ly rel,ited to the work,
including rests of laboratory analysis, tests, aid other work required
to be done by independent persons or agents olh.,r than staff members.
Inasmuch as the number of sources of water sulvl y to be investigated is
not definitely known at the start of the study, it is rot possible to
define a maximurr,anticipatc' fee. The Engineer shall keep the City in-
forined as to incurred fees and shali advise the City when the fee appears
3.
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to be approaching $40,000. When the fee reaches this amount the City shall
evaluate the Froject and determine whether to proceed with further investi-
gations or to terminate the assigninent at that point.
Fdyinent will be made on statements submitted by the Engineer. Statements
shall not be submitted at intervals of less than one (1) month.
V. Successors and Assi_gnments: The Owner and the Engineer, each
binds himself, his successors, executors, administrators and assigns of
the other party to this agreement, and to the successors, executors,
administrators, and assigns of such other party in respect of all covenants
of this agreement. Neither the Owner nor the Engineer shall assign, sub-
let or transfer his interests in this agreement without the written consent
of the other.
This contract is executed in two counterparts.
IN TESTIMONY HEREOF, they have executed this agrerr,cnt, the day and
year first above written.
CITY OT UENTG'i, TEXAS
ATTEST: Owner
City Secretary ti lia or~~'"
(CITY SEAL)
FREESE AND NICHOLS, INC.
WITNESS: Engineer
James R. Nichols, Presfident
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GUIDE ~LIN Ptd, So. T0
ADl\/l"FNI S TF F--,- l G
110 US E BILL 18
i
.COMPUTING THE TAX RAT%.E~
PUBLIC NOTICE
'+E QUIR - MI NT
R, El APPRAISAL NOTICE
PREPARED BY
THE AD VALOREM TAB: DIVISION
BOB BULLOCK
COMPTROLLER r+ P BL;E A QQOUNTS
ti~E CO ~
N
N~ COMPTROLLER Or VUBLIC ACCOUNTS
STATE; OF Tl:xns
Ti xhc3 AUs,rIN,78774
M IUIIOCC
Complrow
FOREWORD
Dear Fellow Texans:
The Second-Called Session of the 65th Texas Legislature pass;d House Bill
18, the so-called Truth in Taxation Bill, which has been codified as TEX.
REV! CIV. STAT. ANN. art. 7244c (Vernon Supp. 1979). The effective date
of i.his law is January 1, 1979. This booklet was written to assist you in
the administration of this Act.
This booklet contains a basic analysis of the law and SUGGESTED procedures
which may be used in calculating a tax rate. We hope these procedures'
give you a workable approach with which to administer this law.
Every effort will be made by my office to assist you in the administration
of this Act. Feel free to contact us with your problems. We consid•.r it
a privilegp to work with you in giving better service to our citizens.
Since j
0
808 BULLOCK
Comptroller of
Public Accounts
TOLL FREE NUMBER: 1-800-252-5555
M wn r~ rrwr6 rN •
GENERAL INFORMATION
Introduction This new law requires each Texas tax assessor- c~ilector to cal-
culate an "effective tax rate" el;±[Z year for his or her taxing
jurisdiction. _
Effective Date The information and procedures in this guise are effective
Jaouary 1, 1979.
Revenue Produced
by this Tax Rate This tax rate, when applied to the ,urisdiction's taxable
assessLd value, will produce:
• sufficient revenue for the current year's de;,t service and
s an additional arount of revenue equal to the previous year's
operating expense.
Setting the -
Annual Tax Rate s The annual tax rate for a taxing unit rust b(! set ~byy
ordinance, resolution, or order, depending on the nethoa
prescriFed by l- -io, aTopt n of a law by the governing
y.
a The vote on this ordinance, resolution, or order must be
separate from the vote adopting the budget.
Requirement for
Prop'trty Taxes The jurisdiction may NOT impose property taxes UNLESS the
governing body adopts c tax rate set ty ordinancr, resolution or
order, according to the method prescribed by law.
, .
RELIMINARY PROCEOURES
Mork Sheets Two worksheets are included in this bockiet:
e The blank worksheet may be rcprod,rer and used to help you
calculate the tax rate each year.
• A completed worksheet for a hypothetical taxing jurisdiction
is included as an example.
Obtaining the
Eleven Figures
A-K Eleven different figures (labeled A through K) must be obtained
efore you can make tie six calculations necessary `o determine
the tax rate:
• Seven of these figures can be obtained from the records of
fie iax office. (A, B, C, 0, E, J, K)
• The other four figures will probably be found in the office
of the jurisd ci tion's auditor. (F, G, N, I.)
Recommendations Some changes in the maintenance of the tax records may be
desirable. A tax assessor may want to maintain separate records
of:
• Property annexed since January 1 of the preceding tax year,
o Improvenents to real estate mane since January 1 of the
preceding tax year
• Real property that was on a previous year's roll, but is not
on a current year roll due to de-annexation or destruction,
etc.
• Property exempt in a current year which was not exempt in
the previous year.
,
H.J.R.1, AMENDMENT TO THE TEXAS CONSTITUTION
Introduction In November of 1978, the people of Texas veteo ,-,n and passed an
amendment to the Texas Constitution. In part, :,ecifies that
Article VIII of the Texas Constitution be amended by adding
Section 21.
Section 21,
Article VIII,
Proposed 21. (a) Subject to any exceptions prescribed by gener;;l
law, the total amount of property taxes inposed by a political
subdivision in any year may not exceed the total amount of pro-
pert%y taxes imposed by that subdivision in the preceding year
unless the governing body'of the subdivision gives notice of its
intent to consider an increase in taxes and holds a public
hea;ing on the proposed increase before it increases those total
takes. The legislature shall prescribe by law the form, content,
timing, and metheds of giving the notice and the rules for the
conduct of the hearing."
Art. 7244(C)
Satisfies the
Amendment
Requirement The staff of the Texas Legislative Council has det.rnined that
Art. 7244(c) is intended to be an "exception presribed by general
law". Therefore, compliance with Art. 7244(c) satisfies the
requirements o F the constitutionaTTamendrzent.
Note Initially, there was some concern that the proposed Constitu-
tional Amendment would supersede art. 7244(c) and require addi-
tional notice to taxpayers any time the total amount of taxes for
one year exceeded the total amount of taxes for the previous
year.
s
NOTICE OF REAPPRAISAL
Written Notice
to Property Owners If the Issessed value of any property ownr`s property has been-
- increased by more than $100 abov: ir: as-
sessed value in the preceding year
The tax assessor must mail a writi:-~n notice to the property owner
at least twenty (20) days before the foard of Equalization begins
holding public hearings.
Notice •
Requirements The notice must include:
(1) The value of the property in tht preceding year;
(2) The amount of taxes imposed oil the property the preceding
year;
(3) The value of the property for the current year; and
(4) The amount of taxes that will be imposed on the basis of
that value if neither the tax rate nor the ratio of
assessment in effect for the unit in the preceding year is
reduced.
INCREASING THE TAX RATE
Important! The governing body may not adopt a tax rate '!tat ex:eeds bj n,urc
than 3% the rate calculated and publicized by the tax assessor
until the governing body has:
1. Given public notice of its intent and
2. Held a public hearing on the proposed increase
Process Public Notice
for is given by (See details-of
Tax Rate A. o First-class n2il each steoe of this
Increase ' - - - - - ° - or process en the
• Newspaper following pages.)
I
I .
I
at least 7 days
t '
I Public Hearing
is held:
I • Between 5 P.M. b 9:00 P.N.
B o Within taxing unit's.
geographical area
I • In a suitable building
I • Date, time, & place of vote
must be announced
I
! Public Notice
i on vote is given by:
C • First-class mail
or ,
• Newspaper
I '
l
3 to 14 days after Public Hearing (B)
!
If the taTrease is Vote on Tax Increase
not adopthe D is held: See
governing must • Within taxing unit's Notice of Reappraisagain givice. geographical area Pago 11. I
• In a suitable building
DECREASING THE TAX RATE
Public Notice and
Public Hearing
Not Required At any time, the governing body of a taxing unit may, without
public notice and public hearing, adopt a tax rate lower than the
rate calculated by the tax assessor.
Requirements Any annual tax rate, whether increased or decreased, must:
• always be adopted by an ordinance, resolution, or order,
depending on the method prescribed by la4 for adoption of a
low by the governing body
• always be adopted by a vote separate from the vote adopting
the budget.
0
STAGES REQUIRED FOR INCREASING
THE TAX RATE
Stage
Table toga Process
A Before a hearing is rvia on a tax rate increase
the taxing unit'; ,overnirg bc_, r._,st give notice
to *the ~ubTic in t'e roiio.iny r.,r-. er:
"NOTICE Of TAX 14CR a.-E"
"11lF n4r1r i•f t.+ri^n ulii) PR,)PJSfS 10 INCP[ASf YOUR
PRO{'ER 1~ 1'hAF~ i1Y-'1:~ irc•E~e o_v_er_i.rP rate calculated
b tax assessor
A PUBLIC. HEAR114 ON 1Hf PRWOM INCA"kSE WILL BE HELD
ON jdate and-Lire)- At
VOTING FOR THE INCREASE: VOTING AGAINST THE INCREASE:
ABSENT:
Require The Notice may be:
ments
• mailed by first class rail to each rt+gistered
voter reslWg in the iaxTng unit
OR
• • published in a newspaper
• Tne newspaper notice cannot be smaller than
one-quarter page of a standard-size or a
tabloid-size newspaper and
• The headline on the notice must be in 18 point
o, larger type.
• The notice may not be placed in the part of
the newspaper where legal notices and clasr,i-
Pied ads appear.
Continued
s
e
STAGES REQUIRED fOR INCREASING
THE TAX RATE,
Continued
Stage
gable, -Stage Process
Continued
B At least seven (7) days afte, notice of the
hearing has been given, the eoverning body' mist
hold a public hearing on the proposed tax )n-
crease.
Requirements The hearing must:
s be held on a weekday that is not a public
holiday -
• begin after 5:00 P.M. and before 9:00 P.M.
a be held in a public building (or some other
suitable building) within the geographical
boundaries of the taxing unit.
i provide adequate opportunity for bot', sides
to present their views.
• include an announcement by the governing body
of the date, time and place of the meeting
Tor Oe vote on the proposed tax increase.
Continued
STAGES REQUIRED FOR INCREASING +
THE TAX RATE,
Continued
Stage
Table, to a Process
Continued
' C The governing body mast give Pu;,iic notice as to
the date, time, and place of the meeting for the
vote in the same manner as tr,:t not ce was given
of-!he public hearing (first :lass mail or news-
paper).
"NOTICE OF TAX INCREASE"
"THE (name of taxinc unit) PROPOSES TO INCREASE YOUR
PROPEfi(1~TAKES f1Y laincrese over the rate calculated
by tax asseseO±) iSFE.'ii.
A PUBLIC MEETING TO VOTE 0.11 THE PROPOSED INCREASE 4lILL
BE HELD ON Sdate and tir.eL AT r•eetin lace
VOTING FOR THE INCREASE: VOTING AGAINST THE INCREASE:
ABSENT:
third increatp
earlier the proposed
no vote
nor
O mThe ust be meeting held to
later than the 14th, day after the date of the
public hearing.
Require- The meeting for the vote must be held in a public
ng in!mi
boother undairesof suitable the building)
unit
ment ' geographical aphical some
the
Please Notice If the tax increase is not ~ av~d~in tbodv4R~sta give the date
lice
before public hearing, g than the rate calculated by the
belore it may adopt a rate higher t
Assessor- Collector.
TEXAS LEGISLATIVE SERVICE
H. B. IS
'
AS FINALLY PASSED
AND SENT TO THE
GOVERNOR
AN ACT
relating to restricting increases in property taxes by local taxing units.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. CALCULATION OF EFFECTIVE TAX RATE. (a) After ;he boar: e° equalization
has approved and certified the tax roll fora taxing unit, the lax essessor for the u:,i: shall subtract
from the total assessed value of all property on the roll the asses-i6d value of a:: p,~ _,-?rty added to
the roll since the preceding tax year by annexation of terribly and the assessed value of all
Improvements made after January 1 of the preceding tax year.
(b) The assessor shall subrract from the total amount of property ter.es levied by lne unit In the
preceding year:
(1) the total amount levied in that year on real properly that is not on ,he roll for th. current year;
.(2) the total amount levied to pay the principal of and interest on bonds, warranin, certificates of
obligation, or other lawfully authorized evidences of in dc btedness issued or assumed bylhe unit;
(3) the total amount levied to provide for lawfully incurred contractual obligations providing
security for the payment of principal of and interest on bends or other evidences of indebtedness
issued on behalf of the unit by another political subdivision; and
. (4) the total amount levied in the preceding year on taxable value that is exempt in the current
year.
(c) The assessor shall calculate the tar, rate necessary for the current tax year to pay:
(1) principal of and interest on bonds, warrants, certificates of obligation, or other lawfully
authorized evidences of Indebtedness issued or assumed by the unit; and
(2) lawfully incurred contractual obligallcns providing security for the payment of principal of
and interest on bonds or other evidences of Indebtedness issued on behalf o' the unit by another
political subdivision.
(d) The assessor shall then calculate the tax rate that, it applied to the total assessed value
remaining after subtracting the assessed value of annexed property and now improvements,
would impose the total dollar amount t.t taxes determined es provided by Subsection (b) of this
section.
(e) The assessor shall add the debt-service rate calculated as provided by Subsection (c) of this
section and the operating-expense rate calculated as provided by Subsection (d) of this section.
That total rate is the tax rate that is subject to the tax rate limitations provided by this Act. The
assessorshall publicizelhatraloina mannerdeslgned locomelothe aftentionofall residents and
submit the rate to the governing body of the unit.
SF" :.TION 2. LIMITATIONS ON INCREASING EFFECTIVE RATE. The taxing unit may not
impure property taxes In any year until tho governing body has edopled a tax relo for that year,
and the governing body may not adopt a fax rata t.ral exceeds the rato catcuinled and announced
under Section 1 of this Act by more than three percent until it has given public notice of its inten-
tion to adopt a higher rate and has held r, public hearing on the proposed Increase.
SECTION 3. NOTICE AND PUBLIC ISEARING ON INCREASE. (a) A public hearing required
by this Act may nr,t behold before Iho s-venlh dayaher tho data the notice of ir!ft nt to increase the
fax rate is given. The hearing must be on a weekday that is not a public holiday and must begin
after 5 p.m. and before 9 p.m. The hearing must bo held In a public budding inside iho geographi-
cal bou:nidarles of the- taxing un;t. If no public building Is available, the hearing may be held In some
other sultable building Inside the geographical boundaries of the unlf. At the hearing, the govern-
Ing body must afford adequate opportunity for proponents and opponents of tho tax Increaso to
present their views.
The notice of a public hearing nay not be sm- ller than one-quarter paae of a standard-size i
tbloid-size newspaper, and the headline on the notice must bain 18-point or larger type. The
e must be In the following form: '
"NOTICE OF TAX INCREASE"
~ie (name of the taxing unit) proposes to increase your property ;axes by (percentage of
ase over the rate submit)ed under Section 1 of this Act) percent.
public hearing on the increase will be held on (date and time) at (meeting place).
James of all members of the governing body; showing bow eerh voted on the croposal to
taxes and, if one or more were absent, indicating the absenc.s.)•'
I The notice may be mailed by first-class mail toeach registered voter residing , one unit or it
pubtishvd'n a newspaper. If the notice is published in a newspaper, it ma;' rot be in the
of the paper in which legal notices and classified advertisements appear,
c TION 4. ADOPTION OF INCREASED TAX RATE. (a) At the public hearing the governing
y shall announce the date, time, and place of the meeting at which it will vote on the proposed
increase. After the hearing it shall dive notice of the meeting in the form and manner provided
Section 3 of this Act, except that the second paragraph of the notice must state:
a public meeting to vote on the proposed increase will be held on (date and time) at (meeting.
3) The meeting to vote on the increase may not be cdr pier than the 3rd day or later than the 14th
r titer the date of the public hearing. The meeting muA be held in a public building inside thb
)graphical boundaries of the taxing unit. !f no public building is available, the meeting maybe
din some other suitable building inside the geographical boundarips of the unit. If the govern-
1 body does not adopt the increase by the 14th day, it must give a nevi notice under Subsection
of this section before it may adopt a rate higher than that announced under Section t of this
t.
(c) The annual tax rate for a taxing unit must be set by ordinance, resolution, or order, depend-
.3 on the method' prescribed by law for adoption of a law by the governing body. The vote on the
dinance, resolution, or order selling the tax We must be sir. arate irom the vote adopting the
rdget•
(s) The governing body of a taxing unit may decrease the official tax rate for the current year at
ty time.
SECTION 5. NOTICE OF REAPPRAISAL. (a) Not later than the 201h day before the date the
oard of equalization for a taxing unit begins holding public hearings, the assessor for the unit
`tall mail a.written notice to each property owner whose property value has been increased by
tore than $100 above its value in the preceding year.
(b) The assessor shall include in the nolice:
(1) the value'of the property in the preceding year;
(2) the amount of taxes imposed on the property the preceding year;
(3) the value of the property for the current year; and
(4) the amount of taxes that will be imprsed on the basis of that value if neither the tax rate nor
he ratio of assessment in effect for the unit in the preceding year Is reduced.
SECTION & TAXING UNIT DEFINED. For purposes of this Act, "taxing unit" m: ans a county,
an incorporafed city or town, including a home-rule city, a school district, a special district or
authority, or any other political subdivision of this state, whethercreated by or under the constitu-
tion or a local, special, or general law, that is authorized to impose and is imposing ad valorem
taxes on property.
SECTION 7. EFFECTIVE DATE. This Act takes effect January 1, 1979.
SECTION B. EMERGENCY. The importance of this legislation and the crowded condition of
the calenda-s in both houses create an emergency and an Imperative public r,ecessity that the
.constitutional rule requiring bills to be read on three several days in each house be suspended,
and this rule is hereby suspended.
,-END-
x
1 r
AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON', TEXAS,
HELD IN THE MUNICIPPL BUILDING OF SAID CITY ON THE 17TH DAY OF JULY,
A. D. 19?9.
R E S O L 1! T I 0 N
WHEREAS, the City of Denton, Texas has been sued by hVER MAE
GARRETT and the City Attorney has advised the City Council that t:ie
legal department is neither staffed nor available to represent the
City's interest in said litigation; and
WHEREAS, the City of Denton must adequately defend in uaid
litigation by --ounsel experienced in such matters; and
WHEREAS, the City Attorney has entered into a tenative*agree-
ment with Jack Gray of the firm of Cray, Whitten and Loveless to
represent the City of Denton in the litigation mattar listed below;
and
WHEREAS, the best interests of tho City of Denton will be served
by retaining the abovesaid counsel for the purpose of representing and
defending the City thnrein;
NOW, THEREFORE, HE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DENTON, TEXAS, THAT:
1. Jack Gray of the firm of Gray, Whitten and Loveless be re-
tained as special trial counsel to represent the City of Denton and to
take such action as he and the City Attorney may deem necessary to
fully protect the interests of the City of Denton in the following
named case: AVER MAY GARRETT VS. CITY OF DVNTON, TEXAS, ET AL.
2. All reasonable attorney fees and expenses of said litigation
be paid by the City of. Denton, Texas.
PASSED AND APPROVED THIS THE 17TH DAY OF 7ULY, A. D. 1979.
BILL NASH; MAYOR
CITY OF DENTON, TEXAS
ATTES
B S HO LT, CITY S ARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
4e e- ~
R. 80 0 OLOMONS, ACTING U=
ATTORNEY, CITY OF DENTON# TEXAS
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AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 17TH DAY OF JULY,
A. D. 1979.
R E S O L U T I O N
WHEREAS, the City of Denton, Texas has been suod by GARY L.
MATHESON and the City Attorney and City Manager have: advised the City
Council that the legal dei rtment is neither staffed nor physically
available to represent the City's interest in said litigation; and
WHEREAS, the City of Dentc!n must adequately defend in said liti-
gation by counsel experienced in such matters; and
WHEREAS, the City Attorney and City Manager have entered into
a tenative agreement with S. G. Jotmdroe, Jr. of the firm of Cantey,
n
Hanger, Gooch, Munn and Collins to represent the City of Denton in the
litigation matter listed below; and
WHEREAS, the best interests of the City of Denton will be served
by retaining the aboveaaid counsel for the purpose of representing and-,
defending the City therein;
NOW, THEREFOREo BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DENTON# TEXAS, THATe
1. S. G. Johndroe, Jr. of the firm of Cantey, Hanger, Gooch,
Munn and Collins be retained as special trial counsel to represent the
City of Denton and to take such action as he and the City Attorney may
deem necessary to fully ;.rotect the interests of the City of Denton in
the following named case on appeals GARY L. MATHESON VS. FIREMEN'S
AND POLICEMEN'S CIVIL SERVICE COMMISSION OF THE CITY OF DENTON, TEXAS,
ET AL.
2. All reasonable attorney fees and expenses of said litigation
on appea', be paid by the City c-f Denton, Texas.
PASSED AND APPROVED this the 17th day of July, A. D. 1979.
4~ BFZI 1, A S r Y Re
CITY Oi' DENTON, TEXAS
ATTESTi
IMOOKS HOL T SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS PO LEGAL FORM:s
t . 0 0 , ACTING =Y
ATTORNB, CITY OF DENTON, TEXAS
cmkk;
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OATH OF OFFICE
I. Marilyn Gilchrist do solemnly
swear (or affirm) that I will faithfully execute the duties of the
office of i Planning and Zoning Cenmissioner
of the City of Denton, Texas, and will to the best of my ability
preserve, protect and defend the Constitution and laws of the United
States and of this State and the Charter and Ordinances of this City.
+Subscribed swo n to before me the undersi ned on this the
day of , A.D. 19 To certify wl' FcF'-
witness m n ar►. seal of of`Wce.
Sam US O ~ or: T CR T~;Y +
Assistant City Planner CITY OF DEMON, TEXAS
r
~,~~9
r
No. 79- 5a
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
CREATING A NEW SECTION 20-2 OF CHAPTER 20, ARTICLE I ENTITLED
"SALE AND DISPOSAL OF SURPLUS REAL PROPERTY OF THF, r.ITY"; PRO- '
VIDING A SB'VERABILITY CLAUSE AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Texas has dele-
gated to local political subdivisions the authority to dispose
of surplus real property; and
WHEREAS, the City of Denton as a political subdivision of
this State has, on occasion, surplus real property which is not
needed or unusable for the purpose originally intended; and
WHEREAS, the City Council of the City of Denton believes it
to be in the best interest of its citizenstto dispose of such
surplus real property by competitive bidding whenever practicable
and allowable by the laws of this State;
NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS,
HEREBY ORDAINS:
PART I.
That the Code of Oridnances of the City of Denton, Texas,
be and the same is hereby amended by adding a new Section 20-2
of Chapter 20, Article I t,.) be entitled Sale and Disposal of
Surplus Property of the City, which shall hereafter read as
follows:
SECTION 20-2, SALE AND DISPOSAL OF SURPLUS REAL PROPERTY
OF THE CITY
All sales and disposal of surplus real property belonging
to the City of Denton shall be disposed of by the City by an
or&nance duly passed by a majority vote of the City Council.
The City Council may provide by a majority vote an opportunity
for competition for all sales and disposal of rea?a property
excluded from such requirements under the laws of the State of
Texas if it determines after a xeview of all available informa-
tion and pertinent data that such property should be advertised
for bids before disposal. Competttive bid procedures for all
such sales of real property belonging co the City shall be in
accordance with the general laws of the State of Texas governing
tic-
a
the sale and disposal of real property by a political subdivi-
sion and the ordinances of the City of Denton.
PART II.
That if any section, subsection; paragraph, sentence,
clause, phrase or word in this ordinance, or application there-
of to any person or circumstances is held invalid by any court
of competent jurisdiction, such holding shall not a°fect the
validity of the remaining portions of this ordinance, and the
City Council of the City of Denton, Texas, hereby Declares it
would have enacted such remaining„ portions despite any such
invalidity.
PART III.
This ordinance sh.11 become effective immediately upon its
passage and approval.
PASSED AND APPROVED this the day of July, A. D. 1979.
11
BT) NA H , -MAYOR
CITY OF DENTON, TEXAS
ATTEST Q~
BROOKS OL , CITY TAR
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
BURT T R. SOLOM N , ACTING
F YM
ATTORNEY, CITY OF DENT' • TEXAS
74 5
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OATH OF OFFICE
oil, Maria Alicia Travelle _
do solemnly swear (or affirm) that I will faithfully execute the
duties of the office of
Denton Library Board
of the City of Denton, Texas, and will to the best of my ability
preserve, protect and defend the Constitution and laws of the
United States and of this State and the Charter and ordinances
of this City; and I furthezTiove solemnly swear (or affirm) that
I have not directly or indirectly paid, offered or promised to
pay, contributed or promised to contribute any monry, or valuable
thing, or promised aoy public office or employment, as a reward
to secure my appointment. So Help He God."
n
Subscribed and sworn to before me the undersigned Notary Public on
this On 26 day of July A.D. 19 19 To certify
which witness my hand and seal of office.
1
Notaa blic in or Denton Coun'v,
Texa
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SHIMEK, JACOBS & FINKLEA
CONSULTING ENGINEERS
1309 Adolphus Tov..,er Dallas, Texas 7K02 Telephone (214) 742.3297
C. L. SHIMEK, P.F.
ROSS L. JACOBS, P.F.
I. C. FIN Kl EA, P, F.
LAMES E. LAUGHL IN, P.C.
RO NAl D V. CONWAY, P N',
GLENN HITT, PE. July 12, 1979
R. T. GREGORY, P.E.
LARRY J. FREEMAN P.E.
Mr, W. King Cole
Assistant City Manager
City of Denton
Municipal Building
Denton, Texas 76201
Re: Amendment to Engineering Contract
for Denton Airport Overlay Project
Dear Mr. Cole:
d
This letter will serve as an amendment to the contract betweeis the City of
Denton, Texas and Shimek, Jacobs & Finklea dated July 3, 1979 for engi-
neering services in connec• on with the overlay of the north-south runway
and related taxiwaye_ We would be pleased to furnish additional services
in connection with the overlay of the existing aircraft parking apron.
These services would include Items (a) through (e) under Phase f and
icems (a) through (k) under Phase if of the contract.
For the services included in the preparation of plans and specifications
and general administration of construction for the aircraft parking apron
work, we propose the jump sum amount of Three Thousand Four Hundred
Dollars ($3, 400.00) payable as stated in the contract.
For on-site observance of the work and construction line and grade sur-
veys, the Engineer will furnish these services at a rate of One Hundred
Twenty Dollars ($120.00) per day and Two Hundred Twenty-Five Dollars
($225.00) per day respectively, including transportation.
Mr. W. King Cole
City of Denton
July 12, 1979
Page 2
We appreciate the opportunity to perform these services for the City of
Denton and if this meets with your approval, please sign in the space pro-
vide2. and return one copy to us.
Very truly yours,
I. C. Finklea, P. E.
Enclosure
A ved by i of Denton
Da+ a~, 91
Attest
Derv l
JUL 16 1919
CITY Of DENTON
MANAGER'S OF; ICE
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THE STATE OF 1 En1iS KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON
United DEEC RECORDS 21616
.THAT Trustees of the First/Methodist Church of Denton, Texa:;;
of Denton County, Texas , in consideration of the ..um of
One Dollar ($1.00)----------------------- and other good and valuable Rgygidbratlon
y
in hand paid by the City of Denton, Texas receipt of which Is hereby arknowi•.Jged, do by
these presents grant, bargain, sell and convey unto to 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 them . Situated in Denton County, Texas, In the
H. Sisco Survey, Abstract No. 1184
All that certain lot, tract or parcel of land lying and being situated irk
the City and County of Denton, State of Texas, and being part of tho H.
Sisco survey, Abst. No. 1184, and being part of a tract of land as conveyed
from Denton Independer.• School District to Trustees of the First Methodist
Church of Denton by deed dated August 26, 1976 and recorded in Volume 801,
Page 484 of the Deed Records of Denton County, Texas, and more particularly
described as follows:
BEGINNING it a point in the south boundary line of said tract, tame being
the north right-of-way line of Sycamore Street, said point of beginning be-
ing 205.0 feet west of the southeast corner of said tract, said southwest
corner, also being the intersection of the north right-of-way line of
Sycamore Street and the west right-of-way line of industrial Street;
THENCE west along the south boundary line of said tract,same being the
north right-of-way line of Sycamore Street, a distance if 16.0 feet to a
point for a corners
.
THENCE north a distanc5? of 59.0 feet to a point for a corner;
THENCE •t,dt x distance of 15.0 feet to a point for a corners
•
THENCE north a distance if 16.0 feet to a point for a corner;
THENCE east a distance of 31.0 feet to a point for a corner;
THENCE south a distance of 75.0 feet to the place of beginning and contain-
ing lAnc C& fA1 er ~giivJthat the a ids Rty of Denton, Texas
.
In consideration of the bena8ts above sat out, wit; remove from the property above described, such fences,
buildings and other obstru, icons as may now be found upon said property.
'For the purpose of constrac,ing, instr.lling, repairin; and perpetually main-
taining public utilities in, along, upon and
across said premises, with the right and privilege at all times of the grantee heroin, his or Its agents,
emdloyees, workmen and repeesentatives having Ingress, egress, and regress In, along upon and across
said premises for the purpose of making additioue 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 ftr
the AA, unsaid the remises above described.
s .~jt•,;, hand , chle the 16t1k day of July dritDd 19 79 .
19 1
TRUST 9 OF FIRST/ METHO CHMH
forl-A j it• . r c ,t S
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Bill
AIN =F
SIP.GLE ACKNOWLEMSIENT ~ Pot M
THE. STATE OF TEXAS,
COUNTY OF HFFORE ME, the undersigned authority,
in and for said County, Tcxas, on this day personally appeared
known to me to be the person whose name -juhscribed to the rorvgoing instrument, and arknowledged to me
that he executed the same for the rurposcs and consideration themin expressed.
G11'E:r UivUF;R MY HAND AND SEAL OF OFFICE, This do of A.D. 19
Notary I'uLllc, . County, Texas
My Commission Fxpfres June 1, 19
SINGLE ACKNOWLEDGMENT
THE STATE OF TEXAS, t
COUNTY OF........ f BEFORE ME, the undersigned authority,
In and for said Cr;nty, Texas, on this day personally appeared
known to me to be the pereor whose name subscribed to tF- for, going Instrument, and acknowledged to me
that he _ executed the same for the purposes and considcrntion the j, In repressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of _ A.D. 1$11,
f L.S. )
Notary Pu61lr, _ County, Texas
My !'nmmisslnn Fxplrre June 1, 19
CORPORATION ACKNOWLEDGMENT
THE STATE OFTEXAS, 1
EtF;F'UItF; MF;, the undorslgnrd ~uth,ntilq,
COUNTY OF DENTON Raymond Pitts, President United
in and for maid County. Texa+, c❑ this day prrs,nnlly nI penred Trustees of the Firat/Methodist
Chur(; 'of" enton, Texas
e, kr:r •.rrr nun br hn !hr lr~•rs. n and nm,cer
HhosQ nam• crili. to the f,-rrt•oNg ir.sl rvut, nt nn,l n~ knuwl• I, ,,,I ter rnr 0,rht 0& r.o wvi4 the m, t ~,f C e vi I
Firlbi L igt Church of Denton, Texas
a coe¢.r4tklK and Oot hr:~l)LAOI the same r4 th,• set of such cnrI,f i,,t1, r f,•r N• h.:p ,v a I nn i 1,1atwri therein
exb"d, an Tgfh-U;i~f the,rcinstatnd. ?1
i r 'ti^•tV• U(Qbilk I RXND AND SEAL OF OFFICE, T is r/~ day of +cQc~' A.D. 19 79
:•!,l NutarY Public, Denton
'onw' .•`t County, Texas
My Corrnd-.ion Expires June 1, 19 IC .
CERT FICATF
THE STATE OF TEXAS,
COUNTY OF.. _ County
Clerk of the County Court of sold Coun, d o cetlif egoing irrtrument of writing dated on the
day of %4j A.LD. T Is Crr+iflcate of Auth(ntication, vine filed for
Y
record in my officer on the..... day o ! 1 ....11- . j rr 1), 19 , nt o'clock M., and duly
recorded this.__,. dny of 6. .....t14. 4 D. SB at o'clock M., in the
ects r rnt , t a Volume _ on pages
WITNESS 1SIY HAND AND SEAL OJTH NTa o ounty, at office In
t day and n written,
Y,'I County, Texna.
(L. S.) 1' _ _ , Deput/,
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rerd~r
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OATH OF OFFICE
1, Jane MaCone
do solemnly
sicear (or affirm) that I will faithfully execute the duties of the
office of .the Denton Panhe and ReaAcatr.on Boated
of the City of Denton, Texas, and will to the best of my ability
preserve, protect and defand the C)nstitution and laves of the United
Statts and of this State and the Charter and Ordinances of this City. '
C, )fly 4"1
Subscribed a s"V to before me the under i ed on this the
day of , °„C. •19 To certify iiWch-
W tness m and an sea of office,
C ECRET R
CITY OF DENTON, TEXAS .
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OATH_ OF OFFIC£
T, Roil Robe*Ata
do solemnly
swear (or affirm) that I Brill faithfully execute the duties of the
office of the Pahka and reeaeation Boaad
of the Ci+.y of Denton, Texas, and .r;11 to the best of my ability
preserve, protect and defend the Constitution and lairs of the United
States and of this State and the Charter end Ordinances of this City. '
Subscribed and aor to before me the und'ersi ned on this the 3a ~
day of A.D. .19_7 5
To certify r-
viltness my and .ea of office.
~i SEC ET
CITY OF DEIIrON2TEXAS .
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AT A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON,
TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 24JTH
DAY OF JULY, A. D. 1979.
RE P 0 12 ION
WHEREAS, the. City of Denton finds it necessary to purchase
a certain tract of land located in the City of Denton, Texas, and
more fully described below; and
WHEREAS, the City Council of the City of Denton is of the
opinion that the best interest and welfare of the public will be
served by the }purchase of the parcel of real estate described
below; and
WHEREAS, the City of Denton and owner of said parcel, Irwin
Zitzelberger, agree that a consideration of $6,000.00 is a fair
and agreed value of such described property;
•
NOW, THEREFORE, .3E IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DENTON, TEXAS, THIN:
1. The City Attorney is hereby authorized to prepare whatever
legal doci:ments are necessary to conplete the transfer of property
so described below from the owner thereof to the City of Denton.
All that certakA lot, tract or parcel of land Iyino and being situ-
ated in the City and County of Denton, State of Texas, and being
part of the Wm. Neill Survey, Abstract No. 971, and also being part
of a tract of land as conveyed from Glynn L. Mitchell to Irwin
Zitzelberger by deed dated April 21, 1976, and recorded in Volume
784, Page 518 of the Deed Records of Denton County, Texas, and more
particularly described as follows:
BEGINNING at the northwest corner of said tract, said point of be-
ginning lying in the east right of way line of Bolivar Street and
being 62.:.0 feet (called 59.0 feet) south of the intersection of
the east right of way line of Bolivar Street and the south right
of way line of McKinney Street and also being the southwest corner
of a tract of land as conveyed from Ernest M. Porter, at ux to the
City of Denton by deed dated January 3, 1975 and recorded in Volume
731, Page 137 of the Deed Records of Denton County, Texas;
THENCE north 890 58' 22" east along he north boundary line of said
tract a distance of 82.16 feet to a point for a corner same being
the northeast corner of said tract;
THENCE south 00 31.' 38" east along the east boundary line of said
tract a distance of 21.0 feet to a point for a corner same being
the southeast corner of said traot;
THENCE south 890 58' 22" west along the south boundary Ii:ie of said
tract a distance of 82.16 feet to a point for a corner in the east
right of way line of Bolivar Street said point also being the south-
west corner of said tract;
THENCE north 00 01' 39" west along the west boundary line of said
tract same being the east right of way line of Bolivar Street a
distance of 21.0 feet to the place of beginning and containing
1725.36 square feet of land, more or less.
2. The City of Denton is hereby further authoriveci to pay
Irwin zitzelberger, as owner of said described property, considera-
tion in the amount of $6,000.00 purchase price, plus any other
necessary and reasonable costs of closing.
010 Pd6E 877
• xis ..;,``:r'' Y.
i
9 70 ~ncF 878
3. This Resolution shall take effect immediately from and
after its passage and approval in accor6ance with the provisions
of the Denton City Charter,
PASSED AND APPROVED this the 24 th day of July, A. D, 1979.
BILL NASt[r MAYOR
CITY OF DENTON, TEXAS
ATTEST
is
OOKS HOLT, CITY SECRETARY
CITY OF DENTONr TEXA,;
APPROVED AS TO LEGAL FORt•I:
BURT R. OLO S, ACTING CITY
ATTORNEY, CITY OF DENTON, TEXAS
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03113
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YKa~
• PROPOSAL
TO
THE CITY OF DENTON, TEXAS
For Drainage Impro'vemcnta on FN. 1515
Near the Peterbilt Plant
Iti '
DENTON, DENTON COUNTY, TEXAS
The und;,rsignccl, :I, bislclcr, declare:; that the only l,cr:,on or.
,parties interestad ill Lhis propo:;aJ :I:; pritlc.ip:ils arc. tho:;e
n,om^d herein, chrtL this 1>roposrll i:, made without co)lur,i.o;l
with any other.' per^o;l, furl or cc>rloration; Lhat he hrls care-
fully examillod the fol llt of contract, Not.ico Lo Bidders, r,l•cr,-
lfic a,Mons and the plan:: t:hcrein referral Lcl and har. care-
fully ex-rimined the locaLimir" ccj:lditicicls, allcl cl.assc'r, of ma-
terSals of the proposed wont; and agrecs Lhat he w1l.). pro-
vide all the neca:;sary ]nhor, machinery, tools, apprrrntus,
mid c101cr itens i.rlci.dcnt:al to k•onr t.ruction, and will. do al)
the wort; and •furnirh all thn InaLerialr, callad for Ill the con-
tract .a::d cpeci.fi.cationr in the rl-mncr prose)-lbecl the;ci.n and
according to the requiremouts ct the Engineer as therein set
forth.
Xt is understood that the followNg quantities of Mork to be
done at unit prices are npproxil;late only, and are intended
• principally to serve as in guide in evaluating ')ids.
It is agreed ghat- the quantities of wgrk to be clone nt: uni.t t
.prices and urnterial to be. f.urni.shc.c' Inay be i.ncreasod or dintitt-
ished ;is may be connidcrod necessary, 1.11 the opi.^+,n of the
Engineer, to complete the work fully nr planned i,,tcl contem-
plated, and that all clunntit:ies of work whetlwr increased or
deercase.d are to be performed aL the unit pr.i.cc:. SOL fort:ll
below except as provided for in the specifications, ti
Xt in further nl;r,ced that lump rim prima imy be increased
to cover additional wort: Orde.rvd by the Engineer, but not
tthown on 01a pl.nm, or reclu.i.rcd by Lhn ::pecifications, in
accordance with the lrruvi:;ions of Lhe Gc.neral. Cunclll.ions.
Si.lui.larly, they may be dcr.rc~al;ed to cover duluLS.orr of. work
t:o ordered,
It is understood and ngt^.ed that the vark is Lo be completed
in full within .50 working days.
Accompanying this proposal is a certified or cashiec's check
or Bid Bond, pa;,ablc to the Owncr, in the amount of f:'_ve per-
cent of the total bid.
It is understood that the bid security accomj)naying this pro-
posal shall be returned to the bidder, unless in case of the
acceptance of the proposal, the bidder shall. fail to execute
a contract and file a performance bond and a bond with-
in fifteen days after its acceptance, in which case the bid
security s%all become the property of the Owner, and shall be
considered as payment for damages due to delay and other in-
conveniences suffered by the Owner on acco%,nt o- such failure
of the bidder. It is understood that the Owner reserves
the right to reject any and all bids.
The undersigned hereby proposes and agrees to perform all work
of whatever nature raIuired, .n strict accordance with the
plans and specifications, for the following sum or prices, to
wit:
NEAR THE PETERBILT PLANT
r-----------------------------------------------------------
Bid
Item Approx. Description w/Unit' Prices Unit Extension
No, Quan, Written in Idords Price Amount
242___---_ 13n C, Y. Cubic yards of crushed
limestone flexible base,
in place; for
rt.e.;. Dollars & a
6 zaE 2/ d°
i11t~~ Cents
Per Cubic Yard.
340 `25 Tons, Tons of asphalt patch
material (Type D), in
place, for
.i Dollars &
v0 ~~SQ Q6
Cents '
Per T6i.
421 24 C.Y. Cubic yards of Class A con-
•crete (for headwall 6 misc.
structure for
~L/~r~ / Dollars &
Cents
er Cubic Yard.
440 1,700 lb. Pounds of reinforcing steel, 4
in place, for
Dollars &
_ Cents ,
er Found, r
465 A 130 L.F. Lineal feet of 48" rein-
forced concrete sewer pipe '
(Circular; Class 111) for
a` Dollars S~~ so 734s
Cents
"ex htneal F'o'ot
0 ~3 '
-------------i
Bid
Item Approx. Description %4/11nit Prices Unit Extension
?`n. quail. Written in Words
Q Price: Amount-
465 B 260 L.F. Lineal feet of 60" rein-
forced concrete sewer pipe
(ni_cnlP.r Class III) for
„e1C uS+~3_ -Dollars &
~IIn Cents
r'ir Lincal Foot.
S.P.-1 430 C.Y. Cubic yerd, of compacted`
fill, in place, for,
Dollars &
~ .o• 3, 440.8<
Cents
FCi Cubic Yard.
S.P,-2 Lump Sum Removal of Detour Road 4
. for
_/t~ft___--Cents
Per Lump Sum.
fal
Sze
h-4
TOTAL BID PRICE -
TOTAL BID-PRICE IN WORDS z,.
V J - ~~r
In the even, of the award of a contract to the undersigned, the under-
signed will furnish a performance bond and a payment bond for the full
amount of the contract, to secure proper compliance with the terms and
provisions of the contract, to insure and guarantee the work until
final completion and accl.ptancc, and to guarantee payment of all lawfu
claims for labor perform?d and materials furnished in the fulfillment
of the contract.
It :s understood that tLe work proposed to be done shall be PnrCpted,
when fully completed and finished in accordance with the plans and
spec ificat- ions, to the satisfaction of the Engineer.
The u;;uersigned certifies that the bid prices contained in this pro-
posal have been carefully checked and are pubmitted as correct and
final.
Unit and lump-sum prices are shown in words and figures for each item
listed in.this proposal, and in the event of a discrepancy, it is I
understood that the words shall control:
T
Contractor
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(Title)
Seal and Authorization ~(If a Corporation)
(Street dress
• d(Pss dXJs ~lO~d 3 rf
(City an State
~~7~ t 6j~ S 7/5~
(Telephone)
1'- 7
STATE OF TEXAS X
AGRELIMNT
CGUNTY OF DI:NTON X
THIS AGREE. ';T, made and entered into this 26th day of June,
A. D. 1979, by and between the City of Denton of the County of.
Denton and State of Texas, acting through its Mayor, Bill Nash,
thereunto duly author:aaJ so to do, Party of the First Part, here-
inafter termed Q;P;FR, and Turner Construction Company of the City
of Euless, County of warrant and State of Texas, Party of the Second
Part, hereinafter termed CONTRACTOR.
WITNESSETH:
That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and ner.ormed by the Party of the
First Part (MINTER), an,' under the condit'..ons expressed ?n bond bear-
ing even date herewith, the said party of the Second Part (CONTRAC-
TOR), hereby agrees with the said Party of the First Part (owt4E.K) to
commence and complete the construction of certain improvements de-
scribed as follows:
"Drainage improvements can FM 1515 near Coe Peterloi tt
Plant fru;n lligliway Station 59+00 to bl+08.5,"
and all extra work in connection therewith, under the terms ;s stated
in the Genera) Conditions of thv Agreer'.ent and at his (or their) own
proper cost and expense to furnish all the materials, supplies, ma-
chinery, equipment, tools, superintendence, labor insurance, and other
accessories and service; necessary to complete the said construction
in accordance with the conditions and prices stated in the Proposal at-
tached hereto; and in accordance with thf. Notice to Contractors, General
and Special Conditions of Agreement, Plans and other drawings and printed
or written e%Dlanator•., matter thereof, and the Specifications and addenda
therefor, or -pared by the City Engineer for and in behalf of the City
of Denton, cxas, ?-erein entitled the ENGINEER, each of which has been
identified by the CO`i ,ACTOR and the ENGIMMVR, together with the CONTRAC-
TOR'S written 11rupos,il, the Generat Conditions of the Agreement, and the
Performance and Payment Ponds hereto attached; ail of which are made a
part hereof and collectively evidence and ronst'_Lute the entire contract.
The CONTRACTOR llrrehy agrees to commenec work.. wiLhin fifteen (15)
d-tys after the date written notice to do so shall have been given to
~iUa, and to sul~rate+~~tirilly complete the sine within 50 working days after
tine date LIZ the a;rttten notice to commence work, siffijeet to such er.ten-
s:i ►a
S iun:a 0f time as arc 1)170vic1c(t by 11c: ri,nc.r.1! crd SM-cial Conditions,
The OWNER a;;rccs to pay lhc, CONTRACTOR in current funds the price
or prices shown in the proposal, which torns a part cf this contract,
such payments to be subject to the General and Spe,.iai Conditinss of
the contract.
IN WITNESS ?v"r'.EREOF; the parties to these presents have executed
this Agreement in the year and day first above written.
TURNER CONSTRUCTION MtpANY CITY OF DENTON, TEXAS
PARTY OF THE SECO`;D PART PARTY OF TVE FIRST PART
CONTRACTOR OWNER
c
ATTEST: ATTEST:
t
.
PIERMIMANCE BOND . '
STATE OF TEXAS X
X •
COUNTY OF Dallas X
KNOW ALL W-114 BY TIME PRESENTS: That 'Turner Construction Company
of the City of Euless J
i Country of Tarrant and State of _ Texas as
1 principal, and American. Hinufacturers Mutual Insurance Company
autliorir_ecI under the ,laws of the State of Texas to act- as surety on
bonds for principals, are held and firmly bound unto The CiLv
of Denton, Texas (Owner) , in the penal sun of
Forty Six Thousand Eight Hunered Finhty Fiva Dollars 46,635.00 ) for the
payment whcreof, the said Principal and Surety bind themselves, and
their heir:;, rdminirtraturs, C%Cclitors, s uccersor: End assigns, je,int-
ly i~►id severally, by these presents:
MHE' LA.S, 'tlie Principal has, entered into a certain written contract
with the Owner, dated the 26th day of June 19 79
! Drainage improvement on W,, 1515 near the Peterbilt Plant in Denton, Denton County,
Texas
to wh.ch cow-ract is leereby referred to and made a part hereof as fully
And' to the "ame extent' as if copied at le►igth herein.
td0,d, TIIEI,LFORE, TIIC CONDITION OF TIII:i OBLIGATION IS SUCI1, that if.
the caid'Principal shall faithfully perform said Cuntrnct and chnl.l in
all rue,pects duly and faithfully observe and perform nll and singular
tine covennntc., conditi.uns and agreements in and by 3reid contract ag.need
and covenanted by the 11ri.ncipkil to be observed and performed and ac-
Col, ding to the true intent and wenninr, of said Contract and the Plans
and Specifications hereto annexed, then t.l-Ju obligation shall be void;
otter rwi.ce .to remain in full force- and effect;
P-3
~itv
PROVTI)){D, 110.4rV1:R, that this bond i s executed pup .want to the pro-
Visions of Article 5160 of the ReViScd Civil Statutes of Texas a% a-
mended by the acts of the 56tH Legislature, Regular session, 1959, and
all liabilities on this bond shall be devemined in accordance with
the provi:;ion;; of said Article to the ;aloe extent as if it were copied
at length herein.
Surety, for value received. stinul, U-S and agrees that no change,
extension of time, alteration or addit.i.on to the terms of the contract:,.
or Co the wort: performed thereunder, or the plans, specifications, or
dratlings accompanying the stole, shall in anywise affect it:;; oblig"Ition
on this bond, and iL does hereby waive nol.ice of. any such change, ex-
tension of time, a).teraLion or addition Lo the t:erlns of Lhe contract,
or to the worl; to be- performed thereunder. '
IN WITNESS MILRl:0F, the said Principal and Surety have signed and
sealed this instrument this 19th day of _July 1979.
jurner• Conctr,~tLQiLG4II1;l3QyL~- At1~+1LdR_'1IIIIU~3LIut~1S }.:11L1taL nj raaL f nanj
~ Principal 5tlretry .
By:
-,it BY
Title: L. B. Turner - Owner Title: , bert H. Davis, Attorney-in-fact''
'Address: P.O. Sox 27 Address: 29:0 Turtle Creek Plaza
Euless, Texas 76039 Suite M, Dallas, TX 75219
The name and address of the Resident Arent of Surety is:* ,
Ordway Saundgrs Company ofIl
2930 Turtle ,'reek Plaza, Suite 238,,Dal'iss. Texas 75219
P-4
• PAYMENT MOM
STATE Or TEXAS X
COUN'CY OF Dallas X
KNO14 ALL ME4 BY THESE PRESENTS: That Turner Construction Company
of the City of _I.uless
County of Tarrant and State of Texas as
principal, and- hmerican,Manufacturers !lutual Insurance Companv !
authorized under the laws 'of the State of Texas to act: as surety on
bonds for principals, are held and firmly bound unto The Cite of
Denton, Texas (Owner), in the penal sum of
Forty Six Thousand Eight Hundred Eighty Fire Dollars ($rb,385.Q~ ) for the
pa)mc14t whereof, the said Principal and Surety bind themselves and
their heirs, administrators, executors, SUCCCSSOr^ and aSSignS, joint
ly and -severally, by these presents:
WI1ERE.AS, the Principal has entered into a certain written contract
wi th tite Owner, dated the 26th day of June 1919 ,
DrNinage improvement on FM 1515 near the Peterbilt Plant in Denton, Denton County,
Texas. ;
to which (zontract is hereby referred to and made a part hereof ins fully
and to the same extent as if .opicd at length herein. '
NO'.i, I'llrlb:PORE, T11E CON;IITIO11 OF THIS OBLIGATION IS SUCH, that if
the said Principal shall pay bll claimont:s supplying, labor and mater-
ial. to hisn or a s~%beorjtractor in the prosecution of the work provided
for in saicl contract, then thin obligation shall be void, otherwise
' to reniain in full force and effect;
PROVIDED; 1101 rVER, that this bond is executed pursuant to the pro-
visions of'Article 5160 of the Revised Ci•;il Statu+:cs of Texas as
r..~ am^.nded by the acts of the 56th Lcrislature, Regcclar Session, 1959, and
all. liabilities on this hoed shall lie determined 1.11 accordance with the
provisions of said Article to the same cxLenL as if it were copied at
lenl;th herein.
Surety, for value received, stipulates and,agrees that no change,
exbiision of ti.ine, alteration or addition to the terms of the contract,
or to the worlc pcrfor.med thereunder, or the plans, specifications or
draoings alc.corlpanyi-iij; the same, sliall in 7lnywi.se affect it-, obligation
on this bond, and it does hereby w.J.ve notice of any ,uch change, Gx-
tensi.on of Lime, alLernati.on or addition to the terms of thepjntracL,
or to the wurlc to be performed tlhereund-r. ,
IN WITNIESS WHEEliOI', tile said Principal and Surety have -igned and
sc;iled this instriunent: illi-s d,ry of
•
Tin'rt~r Construct-1Qj1_~Ol$1D}___ , Al jeriLaIL4aniif4turcrS.llutaLlnsurance Company
l'ra.n~ ,cl .surety
.By By
Ti tle: L. 8, Turner pn_►`_-~ Title: ,obert H, Davis, Attorngy-in- L
Address: P.O. Box 27 Address: 29:;1 Turtle Creek Plaz.L-•
Euless, Texas 76309
The'name°and address of Che Resident Agent of C -ety £s:
2930 Turtle Creek Plaza, Suite 203, Dallas, Texas 75219
AMERICAN MOTORISTS INSURANCE COMPANY f
Home Qf(ice: Long Grove, It. 60049
POWER OF ATTORNEY
Know All Men By These Presents:
Thai the American Motorists Insurance Company, a corporation organized and existing under the lav,s of the
Stale of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint
Robert H. Davis and E. Mae Robinson of Dallas, Texas (EACH)'*+++++*+*+**++*++++++****+*+*
its true and lawful agent(s) and atlorney(s}in-fact, to make, execute, seal, and deliver during the period begin-
n4 with the date of issuance of this power and ending December 31, 1980, unless sooner revoked for and
on its behalf as surety, and as its act and deed: Any and all bonds and undertakings.*********+***1**
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bona or undertaking which
guarantees the payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be spFt into two or more bonds in order to bring each
such bond within the dollar limit of authority as set forth herein.
This appointment may be revoked at any lime by the American Motorists Insurance Company.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the srio
American Motorists Insurance Company as fully and amply to all infenis and purposes, as if the same had been
duly e,cecufed and acknowledged by its regularly elected officers at its principal office in long Grove, Illinois.
THIS APPOINTMENT SHALL CASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1980
This Power of Attorney is executed by authority of a resolution adopted by the Board of Directors of said
American Molorisls Insurance Company on May 15, 1939 at Chicago, Illinois, a true and accurate copy of
which is hereinafter set forth and is hereby certified to by the undersigned Secretary or Assistant Secretary as
being In full force and effect:
"VOTED, Thal the President sr any Vice President or Secretary ur any Assistant Se.rtt: ry shall hase puwer and authority to ap-
point agents and allcmeys in fact, and to aulhurize them is execute on bP:wll of the company, and attach the seal of the
company thereto, bonds and undertakings, recugnizances, contracts uI hu cirmity and other wrongs obligatory in the nature
thereof, and any svch officer of the company may appuint agenh for acceplance of P ucess
This Power of / ttorney is signed, sealed and certified by facsimile udder and by authority of the following
resolution adopted by the Board of Directors of the company of a meeting duly called and held on the 22nd
day of May, 1963.
"VOTED, that the signature of the President, any Vice President, Se,~refary or Assisfanl Secretary, and me Seal of the Com-
pany, and the certification by any Secretary or Assistant Secrelary, nay be aUixed by facsimile on any power of attorney
execu led pursuant to resolution adopted by the Board of Directors on May 16, 1962, and any such power so executed, sealed
and certified with respect to any bond or undertaking to which it is attached, shalt continue to be safid and binding upon
the Company,"
In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed
and its corporate seal to be affixed by Its authorized officers, this 14th day of 19-Lk.
Allested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY
t D.,
t-e BY
C. G. Swan, Secretary 11. L Eennicott, IF., Vice President
STATE OF ILLINOIS
COUNT[' OF MCHENRY ss
1, )o Anne Krein, a Notary Public, rto hereby certify that H. L. Kennicoit,Jr. and C. G. Swan personally known to
me to be the same persons whose names are respectively as Vice President and Secretary of the American
Motorists Insurance Company, a Corporalion of the State of Illinois, subscribed to the foregotng Instrument
appeared before me this day In person and severally acknowledged that they being Ihereunlo duly authorize
signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said
corporation and as their owr, free and voluntary act for the uses and purposes [herein set forth
My commission eypires: March 21, 1982 - to Anne Icreln, Notary Public
CERTIFICATION
i, Sven L. Johanson, S.cretary of the American Motorists Insurance Company, do hereby certify that the attached
Powm of Attorney dated July 24, 1978 on behalf of Robert H. Davis and S. Mae
Robinson of Dallas, Texas (EACH)*****0******+,10+00*+0000** Is a Irve and correct col; and this
the same has been in full force and effect since the dale thereof and is in full force and effect on tAe date of
this certificate, and I do further certify that the said H. L. Kennicott, Jr, and C. G. Swan who executed the Power
of R' orney as Vice President and Secretary respectively were on the date of the execution of the allached
Power of Attorney the duly elected Vice President and Secretary of the American Molorisls Insurance Company.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American
Motxists Insurance Company on this__Igth day of_ Ju1Y 197,
r;?;a
Ssen L. Iohonsors, Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named
therein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
r04636 671 IM MINIMP4V1A.
FM It C1 Alrornlp-Term
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1
SPECIFICATIONS AND CONTRACT DOCUMENTS
FOR THE CONSTRUCTION OF
PAVING AND DRAINAGE
IMPROVEMENTS ON
WINDSOR DRIVE
~ILL~
PREPARED BY
THE DEPAF,TMENT OF ENGINEERING AND DEVELOPMENT
CITY OF DENTON. TEXAS
,1919
Wm.kfaolc Parker, P.E. Rick A.Svehla, RE.
City EoRtneer Director of EnglneerlImg end
Development
TABLE OF CONTEN".S
Notice to Bidders
Proposal
Standard Form of Agreement
Performance Bond
Payment Bond
Construction Schedule
General Provisions
MinimLm Wage Scale
Definition of Bid Item
d
NOTICE TO BIDDER
BID #8670
Sealed bids addressed to the City of Denton, Texas will be received at the Office
of the Purchasing Agent, City Hall, until 2 p.m. on June 21, 1979, for the con-
struction of paving and drainage improvements on Windsnr Drive in the City of
Denton. The bids will be publicly opened and read in the Civil Defense Room, 'Ity
Hall, at 2 p.m. on June 21, 1979. The City Council will officially review o., aids
at their regular meeting on June 26, 1979, and award the contract as soon there-
after as practicle.
Each bid must be accompanied by a cashier's check, certified c,,eck, or acceptable
bidder's bond payable without recourse to the City of Denton, Texas, in an amount
no: less than five (5X} percent of the bid submitted as a guarantee that the bidder
will enter into a contract and execute a performance bona and a payment bond within
fifteen (15) days after the notification of the award of the contract to him.
Major bid quantities for the project are as follows:
5157 S.Y. 6" Asphalt Pavement
800 C.Y. Unclassified Excavation
2500 L.F. Concrete Curb and Gutter
948 L.F. Reinforced Concrete Pipe
14 Ea. Drainage Inlets
161 C.Y. Class C Concrete
19050 Lbs. Reinforcing Steel
Plans and specifications may be secured from the Director of Engineering and
Development, 215 East McKinney, Denton, Texas, on deposit of twenty-five ($25.)
dollars per set, which sum so deposited will be refunded, provided the documents
are returned to the City within fifteen (15) days after the bids are opened.
CITY OF DENTON, TEXAS
RY . .
Director o Eng',ne4r ng and Development
4TTEST:
,City Attorney
PROPOSAL
TO
THE CITY OF DENTON, TEXAS
For the Construction of
PAVING AND DRAINAGE IMPROVEMENTS
ON
11INDSOP DRIVE
IN
DENTON, DENTON COUNTY, TEXAS
The undersigr,t_d, as bidder, declares that the only person or
parties interested in this proposal as principals are those
named herein, that this proposal is made without collusion
with any other person, firm or corporation; that he has care-
fully examined the form of contract, Notice to Bidders, spec-
ifications and the plans therein referred to, and has careful-
ly examined the locations, conditions, and classes of materials
of the proposed work; and agrees that he will provide all the
necessary labor, mar'tinery, tools, apparatus, and other items
incidental to construction, and will do all the work and furnish
all the materials called for in the contract and specifications
in the manner prescribed therein and according to the require-
ments of the Engineer as therein set forth.
It is understood that the following quantities of work to be
done at unit prices are approximate only, and are inten,lcd prin-
,:ipally to serve as a guide in evaluating bids.
It is agreed that the quantities of vrork to be done at unit prices
and material to be furnished may be increased or diminished as may
be considered necessary, in the opinion of the Engineer, to com-
plete the work fully as planned and contemplated, and that all
quaitities of work whether increased or decreased are to be per
formed at the unit prices set forth below except as provided for
in the specifications.
It is further agreed that lump sum prices may be increased to cover
additional work ordered by the Engineer, but not shown on the plans
or requirsd-by the specifications, in accordance with the provisions
of the General Conditions. Similarly, they may be decreased
cover deletion of work so ordered.
P-1
It is understood and agreed that the work is to be completed
in full within 120 working days.
Accompanying this proposal is a certified or cashier's check
or Bid Bond, payable to the Owner, 'i the amount of five per-
cent of the total bid.
It is understood that the bid security accompanying this pro-
posal shall be returned to the bidder, unless in case of the
acceptance of the pro-osel, the bidder shall fail to execute
a contract and file a performance bond and a payment bond with-
in fifteen days after its acceptance, in which case tLe bid
security shall benome the property of the Owner, and shall be
considered as payment for damages due to delay and other in-
coriveniences suffered by the Owner on account of such failure
of the bidder. It is understood that the Owner reserves
the right to reject any and all bids.
The undersigned hereby proposes and agrees to perform all work
of whatever nature required, in strict accordance with the
plans and specifications, for the following sum or prices, to
wit:
P-2
PAVING AND DRAINAGE INiI'ROVEMENTS
ON WINDSOR DRIVE
Bid
Item Approx. Description w/Unit Prices Unit Extension
No. Quan. Written in Words Price Amount
100 Lump Sum Preparation of Right-of-
Way for
Thirty-Seven Thousand Dollars &
5379000. 3319000.00
No/100------------ Cents
er Lump Sum.
104 382 Lineal Feet of Removing Con-
crete Curb and Gutter for
Two Dollars &
$2.50 955.00.
50/100-------- Cents
er Linea Foot. 4
110 800 Cubic Yards of Unclassifie-,
Excavation (Density Control)
for
Three Dollars &
$3.50 29800.00
50/100-------- Cents
ter Cubic Yard.
260 5,953 Square Yards of 6-inch Lime
Treated Subgrade (Density Con-
trol) for
Two Dollars
';2.00 11,906.00
NO/100 Cents
?eer Square Yar.i,
264 53.6 Tons of Type A Hydrated Lime
for
I
Eighty Dollars &
- - $80.00 4,283.00
No/100-------- Cents
o"T n -
Bid
Item Approx. Description w/Unit Prices Unit Extension
No. Q"n. Written in Words Price Amount
340 A 5,157 Square Yards of 6-inch
Asphalt Pavement for
Ten Dollars &
$10.65 $54,922.05
Sixty-Five/100---Cents
er Square Yard.
340 B 55 Square Yards of 8-inch
Asphalt Pavement (Valley
Gutter) for
Fifteen Dollars &
+r *15.65 860.75
Sixty Five/100---l:ents
lee Square Yard.
340 C 225 Tons of Type D Asphalt Patch
Material, in place, for
10
_ Sixty-Five Dollars &
$65.00 149625.00
Fe- No/100---------- Cents
' Ton.
421 A 161 Cubic Yarde of Class "C" Con- I
crete (Box culvert & misc.
structure-) for
Three Hundr.,d and
Seventy-Five Dollars &
- 5375.00 609375.00
No/100------------ Cents
Per acrd.
421 B 50 Square Yards of Class "B" Con-
crete Rip Rap for
•
Twenty-Five Dollars &
$25.00 11250.00
No/100............ Cents
Per Square a-rJ-.
Bid
Item Approx. Description w/Uni.t Prices Unit Extension
No. Quan. Written in Words Price Amount
440 19,050 Pounds of Reinforcing Steel,
in place, for
No Dollars &
50/100----------- Cents $.50 $ 9,525.00
Per round,
465 A 80 Lineal Feet of 18-inch Rein-
forced Concrete Sewer Pipe
(Circular Class III) for
Twerty-Eight Dollars f~
$28.00 2,240.00
~4'0 100------ ----Cents
Per Linea Foot.
465 B 104 Lineal Feet of 24-inch Rein-
forced Concrete Sewer Pipe
(Circular Class III) for
Thirty-Five Dollars &
$35.00 39640.00
a4100----------Lents
e o
Per not.
465 C 180 Lineal Feet of 30-inch Rein- t
forced Concrete Sewer Pipe
(Circular Class III) for
Forty Dollars &
$40.00 7,200.00
Jo/100------ Cents
er nea Foot .
05 D 584 Lineal Feet of 42-inch Rein-
forced Concrete Sewer Pipe
(Circular Class III) fnr
Fifty-Eight Dollars &
$58.00 33,872.00
R04100 ----------Cents
Per Lineal Foot.
------------------------------------7---------------------------------
Bid
Item Approx. Description w/Unit Prices Unit Exten
sion
No. Quan. Written in Words Price Amount
470 A 1 Manhole (4-foot I.D.) and
covers for
Fifteen Hundred Dollars &
$1,500.00 $ 1$00.00
No/100------------rents
eer- Manhole.
470 B 2 Junction Boxes (5-foot Square
Inside) with covers for
Eighteen 1:undred Dollars &
• 1,800.00 3,600.00
No/100 -----------Cents
er Junction Box.
470 C 14 10-foot Curb Inlets for
Seventeen Hundred
and Fifty Dollars &
10750.00 24,500.00
No/100-----------Cents
er inlet.
471 9 Inlet Frames with Covers
for
Seventy-Five Dollars &
75.00 675.00
No/100 - - Cents
er Inlet.
522 2,500 Lineal Feet of Concrete Curb
and Cutter for
Six Dollars &
6.50 16,250.00
Fifty(100-------- Cents
Per Linea Foot.
Bid
Item Approx Description w/Unit Prices Unit Extension
No. Juan. Written in Words Price Amount
524 B 25 Square Yards of 6-1-^1- Fain-
forced Concrete Pavement for
Twanty-Seven Dollars &
$27.00 $ 675.00
No/100---------- Cents _
er Square Yards.
S.P.-1 1,%J8 Cubic Yards of Compacted fill,
in place, for
Two Dollars &
2.50 2,120.00
Fifty/100-----C ents
er Cubic Yard,
S.P.-2 20 Lineal Feet of Sawcut on Exit-
ing Concrete Pavement for
Three Dollars &
3.50 70.DO
F1 fty/100------- Cents
er nea oot.
S.P.-3 ~00 Lineal Feet of 4-inch Sub-
drain for
Twelve Dollars &
12.50 2,SOC.00
Fifty/100-------Cen is
Per Lineal Foot. '
S,r.-4 220 Lineal FpO t of Guard Rail
for Box Culvert for
Thirt Twl
Y- Dollars & 32,50 7,150.00
Fift Cents
er nea oot.
Bid
Item Approx. Description w/Unit Prices Unit Extension
No. Quan. Written in Words Price Amount
S.P.-5 1 Existing Water Line Adjiisr.-
ments for
Two Thousand Dollars &
$20000.00 $2,000.00
No/100 Cents
Per Water ine.
479 1 Adjust Existing Manholes
for
Two Hundred and
Seventy-Five Dollars 1.
275.00 275,00,
No/100---------- Cents
er Manhole.
Dollars &
Cents
Per
Dollars &
Cents
Per
Dollars &
Cents
Per
TOTAL BID PRICE 307#373.80
TOTAL BID PRICE IN tdORDS THREE FIUNDRED SEVEN THOUSAND THREE HUNDRED
SEVENTY-THREE DOVARS AND EIGHTY CENTS
In the event of the award of a contract to the undersigned, the under-
signed will furnish a performance bond and a payment bond for the full
amount of the contract, to secure proper compliance with the terms and
provisions of the contract, to insure and guarantee the work until
final completion and acceptance, and to guarantee payment of all lawful
claims for labor performed and materials furnished in the fulfillment
of the contract.
It is understood that the work proposed to be done shall be accepted,
when fully complctOd and finished in accoxdance with the plans and
specifications, to the satisfaction of tho Engineer.
The undersigned certifies that the bid prices contained in thl.a pro-
posal have been carefully checked and are submitted as correct and
final.
Unit and lump-sum prices are shown in words and figuzes for each item
listed in this proposal, and in the event o` a discrepancy, it is
understood that the words shall control.
ontractos
By
(Titl-e3-
Seal and Authorization
• (if a Corporation)
trees Addres-97
(City e _ Late
(Telephone)
P-7
THE STATE OF TEXAS X
X AGREEMENT
COUNTY OF DENTON X
0
THIS AGREEMENT, made and entered into this 27th day of July,
A. D. 1979, by and between the City of Denton and County of Denton
and State of Texas, acting through its Mayor, William S, Nash there-
unto duly authorized so to do, Party of the First Part, hereinafter
termed 011:7NER, and Jagoe Publin Company of the City of Denton, County
of Denton and State of Texas, alad Charles Cohen, Inc. of the City of
Dallas, County of Dallas and State of Texas, Party of the Second
Part, hereinafter termed CONTRACTOR.
WITNESSETH:
That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and perfoged by the ?arty of the
First Part (OWNER), and under the conditions expressed in bond bear-
ing even date herewith, the said party of the Second Part (CONTRACTOR),
hereby agrees with the said Party of the First Part (04N1ER) to commence
and complete the construction of certain improvements described as
follows:
"Paving and drainage improvements on Windsor Drive from Bell
Avenue to Stuart Road"
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, ma-
chinery, equipment, tools, superintendence, labor insurance, and other
accessorieo and services necessary to complete the said construction in
accordance with the conditions and prices stated in the Proposal at-
tached hereto, and in accordance with the Notice to Contractors, Gener-
al and Special Conditions of Agreement, Plans and other drawings and
printed or written explanatory matter thereof, and the Specifications
and addenda therefore, as prepared by the City Engineer for and in be-
half of the City of Denton, Texas, herein entitled the ENGINEER, each
of which h4a been identified by the CONTRACTOR and cho ENGINEER, to-
gether with the CONTRACTOR'S written Proposal, the General Conditions
of the Agreement, and the Performance and Payment Bonds hereto attached;
all of which are made a part hereof and collectively evidence and con-
stitute the entire contract.
The CONTRACTOR hereby agrees to commence work within fifteen
(15) days after the date written notice to do so shall have been
given to him, and to substantially complete the same within 120
working days after the date of the written notice to commence
work, subject to such extensions of time as are provided by the
General and Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the
price or prices shown in the proposal, which forms a part of this
contract, such payments to be subject to the General asd Special
Conditions of the contract.
IN WITNFSS WHEREOF, the parties to these preS.IIMS nave excused
this Agreement in the year and day first above written.
JAGOE PUBLIC COMPANY CHARLES COHEN, INC.
PARTY OF THE SECOND PART PARTY OF THE SECOND PART
CONTRACTOR CONTRACTOR
{
SECRETARY
ATTEST: ATTEST:
3 41"
CITY OF DENTON, TEXAS
PARTY OF THE FIRST PART
O1M R
ATTEST:
I t
1
PERFOR"iANCE BOND
STATE OF TEXAS
X
COUNTY OF DALLAS r
KNOW ALL MEN BY THESE PRESENTS: That JAGOE-PUBLIC COMPANY AND
CHARLES COHEN, INC. a joint ventuM the city of DENTON AND DALLAS
County of DENTON ANrl DALLAS and Sate of TEXAS as
principal, and GULF INSURANCE COMPANY
asthorized under the laws o~ the State of Texas to act as surety on
bonds for principals, are held and firmly bound unto
CITY OF DENTON, TEXAS
(Owner), in the penal sum of
1HREE c THOUSAND,
THREE HUNDRED
SEVENTY THREE AND 80/100------------ ---------.Dollars ($307,373.80 ) for the
payment whereof, the said Principal and Surety bind themselves, and
their heirs, administrators, executors, successors and assigns, joint-
ly and severally, by these presents:
1-hIEREAS, the Principal has entered into a certain written contract
With the Owner, dated the 27th day of July , 1979
"for paving and drainage improvements on Windsor Drive from Bell Avenue to Stuart Road"
Denton, Texas
to Which contract is hereby referred to and made a part hereof as fully
and r:o t:jo Game extent as if copied at length herein.
1•;01.4, TIJJ^•'.,]PFOKC, THE COIJDITfON OP T11IS OBLIGATION IS SUCII, (lint i,°
the said Prii:ci.pal. shall, falthCu.lly perform said Cuntrnet and shall in
all rc:pccl^ duiv and faithfully observe and perform all and singular
thcr covenal1LS, conditions and arrecments in and by said contract anted
aild co%,cttante(1 by the Principal to be observed ,ind pcrfor:,acd, and dL-
cording,, to the Lrue in! ent and nicaninp, of said Contract an(; Lhe Pl;ms
rind Spveific,;Lions 11c:.7c;t0 rtnne;;cd, then this obligation shall. be void;
oth(:r.oi._-c Lo roiiluin in fuli force nud effect';
-2-
haft. PROVIDED, HO'..IEVER, that this bond is executed pursuant to the pro-
visions of Article 5160 of the Revised Civil Statutes of Texas as a-
mended by the acts of the 56th Legislature, Regular Session, 1959, and
all liabilities on this bond shall be determined in accordance with
the provisions of said Arcicle to the same extent as if it were copied
at length herein.
Surety, for value received, stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the contract,
or to the work performed thereunder, or the plans, specifications, or
drawings accompanying the same, shall in anywise affect its obliga~ion
on this 'pond, and it does hereby waive notice of any such change, ex-
tension of time, alteration or addition to the terms of the contract,
or to the wor!- to be performed thereunder.
IN 11ITNESS 14HEREOF, the said Principal and Surety have signed and
sealed this instrument this 3rd day of August 1979
JAGOE-PUBLIC COMPANY GULF INSURANCE COMPANY
Principal Surety
Title: L/- N ,ks Title:william D. Birdsong, Attorney-in fact
A ddzess: P. 0. Box 250 Address: 1000 Fidelity Union Tower
Denton, Texas 76201 Dallas, Texas 75201
The name and address of the Resident Agent- of Suret; is:
WILLIAM D. BIRDSONG 1000 Fidelity Union Tower
Dallas, Texas 75201
CHARLES COHEN INC. _
Principa
BY: Elll ucoo RODELIP urilo: & ON'R
1DALLAS, TEXAS 75201
Title: SECRETARY Tel. (214) 744 4311
Address. P. 0, Box-29409
Dallas, Texas 75229
PAYDIENT BOND
STATE OF TEXAS X
X
COUNTY OF DALLAS
KNOW ALL 11EN BY THESE PRESENTS; That JAGOE-PUBLIC COMPANY AND
CHARLES COHEN, INC. a joint venturaf the City c.f DENTON AND DALLAS ,
County of DENTON AND DALLAS and State of TEXAS as
principal, and GULF INSURANCE COMPANY
authoriz-:d under the laws'of the State of Texas to act as surety on
bonds for principals, are held P.nd firmly bound unto
CITY OF DENTON, TEXAS (Owner) , in the penal sum of
THREE'HUNURED
SEVENTY THREE AND 80/100---------------------Dollars ($307,373.80 ) for the
paymc: t whereof, the said Principal and Surety bind theirselves and
their heirs, adminijtratorc, executors, successors and assigns, joint-
ly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written contract
with the Owner, dated the 27th day of July 19~,
"for paving and drainage improvement on W ndsor Drive from Bell Avenue to Stuart Road"
Denton, Texas
to which contract is h--eby referred to anvi made a part hereof as fully
and to rdie snmc ox,tent as if copied at lenj;th herein.
TIU'J, Z'111f::!'Ulli;, 'rflf: r,O-D1';1UN OF THIS 0i;TACAL1001 IS SUCII. that ii
the :aid Principal shrll ha}' all claimant.,- ,upplyiio, labor and m:iter-
ial. to him or a subCo,.tractur i:i the p rosec:ution of the worlc proviued
for in said CoilLrICL, then this ubligation shrill bu void, otl-:erwisc
to rc:i!, .n in full force and effect;
PT:~'.']DEi!>, 110;11WE'1:, LIML this bond is exec%itc.-d pliv-unnt to the pro-
~ vision:: of Aci.icJo 5160 c l the 1;r.,liSed Civil SL,.tutas of rvnas as
amended by the acts of the 56r.a Legislature, Regular Session, 1959, and
all liabilities on this '•)ond shall be determined in accordance with the
provisions of said Article t:o the same extent as if it were copied at
length herein.
Surety, for value received, stipulates and agrees that no change,
e:;ension of time, alteration or addition to the terms of the contract,
or to the work performed thereunder, or the p13ns, 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, q>:-
tension of time, alternation or addition to the terms of the,contrac:t,
or to the work to be performed thereunder.
IN laITN ESS l•IH£RiOP,.the said Principal and.Surety have signed and
sealed this instrument this ?rd day of August 1979_.
JAGOE-PUBLIC COMPANY GULF INSURANCE COMPANY
Principe
IAILUA6A
Fay - sy
Title: - Prgr, - ~-,'r~ cL f1~ Title: William D. Birdsong, Attorney-in fact
Ad&:ess: P. 0. Box 250 Address: _1000 Fidelity Union Tower
Denton, Texas 76201 Dallas, Texas 75201
The name and addrec:-I of the F',esidcnt Agent of Surety is:
WILLIAM D. BIRDSONG 1000 Fidelity Union Tower
Dallas, Texas 75201
CHARLES COHEN, INC.
Pr nc pa
f ELLIS CRJTjy pCyl' I P BY: S & CO., lye.
-1 CA -1 1V)U FUEL 1) t.:. Tu,V=R
Title: SECRETARY DALLAS, I Lxi,S l:i201
tel. (214) 7444311
Address. P. 0. Box 29409
Dallas, Texas 75229
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That GULF INSURANCE COMPANY, a corporation of the Stale of Missouri, hereinafter called Company, Does hereby appoint
PORTER ELLIS, WILLARD CROTTY, JAMES No POWERS, TOM P. ELLIS, III9 GLADYS EASLEY,
PETER A. RUSH, WILLIAM G, KLINGMAN, WILLIAM B. STEELE, JR., JOHN E. RATLIFF,
WILLIAM D. BTRDSONP, DALLAS, TEXAS
its true and lawful Attorney-In-fact to make, execute, seal and deliver on its behalf, as surety, any and all bonds
and undertakings of Suretyship,
The execution of such bonds or undertakings in pursuance of presents shall lie as binding upon the Company as If they had
been executed and acknowledged by the regularly elected officers of the Company.
This Power of Attorney is issued pursuant to and by ai.mority of the following resolution of the Board of Directors of the Com-
pany, adopted effective September 29, 1961, and now in full force and effect:
"Resolved that the President a any Vice Presidarl or any Sec,ol" may appoeel Anornp s in-foci in any Slate. Teer,roe) or Federst D atricl to rwowl this m loony s'd
to act on its behalf within the scope or the authority granted to them in writing, which sulnorily may include the power to make. e.ecule, aw and deliver on behalf of this
Company es surety, and as its act and deed any and all bonds and undertakings of surslyahip and other documesnlS that the ordinary course of ,wary burlneas may reputn,
Includirg authority to appoint agents for the Nuke c f process In any lurlsdiclion, Sale a FsdWal and aulhorty to stissi to the s'ig Nlure M the Prwidanf of any Vice Pep.
dent or any Seerelary and to verify any affidavit or otr of srolerni renting to the lorego;ng, "to cM,f y 10 8 Copy d any of Ire by-awl of the Company and to any rssi
lions adopted by its Board or Directors; and any Sloth Attorney-in-fact They be removed and the a lhoof,ty gnarled him re geed by IM P "M Wt Dr any Vice president W any
Secretary or by Il1o Board of Diced" "
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and b;f authority of the following rasa
lution votad by the Board of Directors cl the Gull Insurance Company at a meefing duly called and held on the 241h of July, 1973.
"Pesolved INI IN signatures of Warren J. Xwe1Y, Prnidenl, or of Frederick eogtr, Sengr Vxa Pnidamt, or of Arthur ^ Wenwn, Vice president. of of Jaca W. May,
nard, Vice president, or of William E. Etet on, Vice President, of of Dwgtu Simpson, a scr►iov coof A. C Falhrelon, Seemly, and IN asp of des Company may be affixed
by lacsimils Io any power of allaney w loamy certi lxsta relating thereto appanting A franeyt In. Foci for purposes only or eracvf erg"annting bond, and ufW Akfts
and other urn'Ings obiigefory in thy, mature theleol, and any Such power of snomey r oertdKale been rig Such lacaim le sign unry or racy in I#0" "I Do valid and binding
UP" the Con pony and Any such power ed sasculed and eerl,food by Such fai sg Nlu.s red faClir ire IMs "I bit Nd Yid binfug vpon the C4mWy an IN luture
with respect to any bond or undertaking to whier it is attached'
fAvtd~lt's.e~erect, the Company had caused this Power of Attorney to be Figned and its corporate seat to be affixed by its autho-
`2O~ I~d s his, 14th day of January t9 76
LL.
B
7S OVQ'~ t~ y
;4e JACK W w rwul0 VICE►NEarDfaR
S WFii 5;. TdAS as:
COUNTY OF DALLAS
On this 14th ay of January II 75 belwe" a Nxn" Ic of me Sla'a red count
aforesaid therol n, duly domimiesiored and Iwo,". personalty torts IN named dl Kan d IN Comp ry, sM benq h me rase pun a rYn r , rndrng
N is test officer M tN Company ascribed in and rni.n e,KUled..,'aep'rrg ,relru'^a^r, e w N a rows rN aw d thelir occnd,^g IO tae. dad depose and Mr dw
IS IN colponle sal of the Company. and that the capeara soar W-1 hie aqme,re as wren eRKr pas s^ ,►1 rb h ed to IN met lid tear Wp fly ucn lhM^t
olnelioo of the Company .Dao,Md to said rntiarI IM wma TV
rr and
(SEAL) X.
C.fFFoesom 11APOcs TAJIV PUSLIC
My commiss,oo Lp,n1 IM
,•^AN~ let day of June a 77
rAy'u S[ CERTIFICAIE
Gjv ~Q n.4{31 , do hereby certify IPa1 the original Power of Attorney If which Iha foregoing is a true arnf correct copy is in fun
•t~.a'~ a OC'.'. r.e foregoing resolution is a true and correct traril l from the records of Its Company, and Inat the above
1E1f3ylV officer ftt: the date of execution of the foregoing Power of Alba ey oulhorited to execute this Power d All hey
L, a }
I.A.
J
; ►4~r ~2 .1 have here Trip, subscribed by mama and affixed the con rorala seat of the Company Iris day
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•
M
COM3TRUCTION SCHEDULE
All construction schedulin; and barricading for the Windsor Drive
and Stuart Road paving and drainage improvements shall be submitted
to the City Engineer in writing a minimum of one calendar week be-
fore any construction begins. The City of Denton has made a prac-
tice of notifying the citizens of any major detours with regard to
street or drainage construction work and will continue to do so.
There is presently a serious drainage problem near the intersection
of Windsor Drive and Stuart Road. This problem dictates that no
curb cuts or grading work can be accomplished to conjunction with
the Windsor Drive street construction unt'.1 both box culverts and
channel work between them is completed. Once chic work is complete,
excavation, grading and liming operations may begin.
A quality-constructed detour route shall be erected during the box
culvert construction on Stuart Road. This detour shall be designed
in detail and approved by the City Engineer. Constant and diligent
maintenance of the detour route shall be mandatory. The actual con-
struction of the double 9' x 5' box culverts shall be accomplished
with the highest degree of quality and timeliness.
Presently the construction of Windsor Drive street work appears
to have no critical path as to scheduling. However, the contractor
shall discuss his progress and construction planning with the City
Engineer at appropriate times.
The construction of the drainage improvement at the Windsor Drive
and Stuart Road intersection shall be coordinated with the Oox
culvert work on Stuart Road. Specific construction timing shall be
directed and approved by the City Engineer.
n 1
•
GENERAL PROVISIONS
SPECIFICATIONS
This project shall be constructed by utilizing, the Texas Hi hwa
Department 1972 Standard Specifications for Construction ~ooHi K-
wa s Streets an Bri es. Any permissible deviation ro
t m those
specit cations will be noted in the section on General Provisions.
Where the Highway Department specifications make reference to the
"State" this project shall be interpreted to refer to the City of
Denton, Texas. Likewise, the terms "Commission" and "Department"
shall refer to the Engineering and Development Department for the
City of Denton. Any reference to the term "Engineer" shall apply
to the City Engineer for the City of Denton, Texas. The Engineer
or his representative, is authorized to act for the City of Denton
on all matters concerning the construction procedures, specifica-
tions, or activities while the work is in progress. Other defini-
tions shall be as noted in the 1972 Standard Specification book.
LOCATION OF PROJECT
This improvement project is totally located within the city limits
or the City of Denton, Texas. A map showing the general location
of the drainage improvements is included in the plans.
SCOPE OF WORK
The work to be performed under this contract consists of furnishing
all materials, labor, supervision, tools and equipment necessary
for the construction of paving and drainage improvements on Windsor
Drive between Bell Avenue and Stuart Road.
PLANS AND SPECIFICATIONS
Plans and specifications may be obtained at the office of the Di-
rector of Engineering and Development, Denton Cit7 Hall, upon
deposit of twenty-five ($25.00) dollars. The entire deposit will
be returned to the plan holder if the plans and specifications
are returned to the City, in good condition, within fifteen (15)
days following the official opening of bids. If the prospective
bidder does not properly return the oians and specification, the
deposit sum of twenty-five ($25.00) dollars shall become the Pro-
perty of tite City of Denton, Texas.
EXAMINATION OF SITE PROJECT
Prospective bidders shall make a careful examination of the
site of the project, soil and water conditions to be encoun-
tered, improvements to be protected, disposal sites for sur-
plus materials not designated to be salvaged materials, and
as to the mathed if providing ingress and egress tc private
properties, and methods of handling traffic during construc-
tion of the entire project.
COMPETENCY OF BIDDERS
The State requirements for contractor pre-qualification prior
to the bidding date shall be waived. However, the City re-
serves the right to thoroughly investigate the financial re-
sources aud.the experience of all bidders prior to award of
the contract.
QUALIFICATION OF LOW BIDDER
Before being awarded a contract, the low bidder shall'submit
such evidence as the Engineer may require to establish his
financial responsibility, experience and possession of such
equipment as may be needed to prosecute the work in an expe-
ditious, safe and satisfactory manner.
Should the low bidder fail to produce evidence satisfactory
to the Engineer on any of the foregoing points, he may be
disqualified and the work awarded to the next low bidder so
qualifying.
AWARD OF THE CONTRACT
By authorization of the City Council of the City of Denton,
the City Manager or his representative will notify the suc-
cessful bidder, in writing, within thirty (30) days after
the date of receiving bids, of its acceptance of his proposal.
The Contractor shall complete the execution of the required
bonds and contract within fifteen (15) days of such notice.
PERFORMANCE AND PAYMENT BONDS
The Contractor shall execute separate performance and payment
bonds in the sum of one hundred (100) percent of the total
contract price. These bonds shall be executed on standard
forms for this purpose which will guarantee the faithful per-
formance of the work and further guarantee the payment to ',all
persons Qapplying labor and materials or furnishing any equip-
ment used in the execution of the contract. The contract
GP-2
r~
shall not be in effect until such performance and payment
bonds are furnished and approved by the City Attorney.
MAINTENANCE BOND
The Contractor shall file with the City of Denton, Texas a
good and sufficient maintenance bond with an approved surety
in an amount equal to ten (10) percent of the total cost of
this project, guaranteeing that the workmanship and materials
furnished under these specifications and used in all parts of
said improvements are in all respects first class and of such
kind and quality that for a period of one (1) year from the
completion, and final acceptance thereof by the said City of
Denton, the said improvements shall require no repairs, the nec-
essity for which shall be occasioned by defects in said workman-
ship or material. If however, during the said period in the op-
inion of the Mayor and City Council, the said improvements shall
require repairs and the necessity for such repairs, shall, in
their opinion, be occasioned by the settlement of foundation,
defective workmanship or materials furnished in the construction
of any part thereof or any of the accessories thereto, built by
this Contractor, then such repairs, on due notice being given at
any time during said period, by the City, to the Contractor, shall
promptly be made by the Ca,,tractor in the following manner:
Upon notice from the City, served at any time during the period
of said guarantee, the Contractor shall at his own expense take
out and remove all worn out, soft, inferior or defective mate-
rials found in either the pipe, manholes, pavement, services, fire
hydrants, connections, valves, or any part of the improvements or
accessories thereto, and good acceptable materials shall be sub-
stiuted therefor, including any pavement or materials that have
become injured, or has settled out of place by reason of its being
in close proximity to such soft or imperfect material, the Con-
tractor shall take up and relay or re-set or replace all pave-
ment, curb and gutter, water or newer improvements, etc. that
has settled out of place, become uneven or defective if found to
be so during the term of said guarantee.
Should the Concractor fail to make such repairs as are deemed
necessary, written notice to make the repairs shall be given
by the City to the Contractor and the Surety. If said Con-
tractor or Surety shall fail or neglece for a period of ten
(10) days to make such necessary repairs as herein provided,
then the City shall have the right with or wit-hout further
notice, to proceed to make slich repairs or cause the same to
be done either by contract or otehrwise at its option and to
pay for the cost of such repairs.
If such cost of repairs so made shall not be paid by the said
Contractor or Surety upon receipt of Notice of the amount
GP_ 3
'thereof, the said City shall have the right of action on the.
Maintenance Bond; or 4n case the said repairs shall not ac-
tally be made by the City after such failn;:a on the part of
the Contractor or Surety, the City shall have the right to
ascertain and determine that the costs of such repairs and to
Maintain an action against the said Contractor or Surety, or
both under said bond, to recover the amount so deta,%,ined in
any court of competent jurisdiction, and the amount so deter-
mined shall be conclusive upon the Contractor and Surety in
any action upon said bond.
TIME ALLOTTED FOR COMPLETION
The time allotted for the completion of all items of ;,ark
shall be 120 working days, which time shall begin on o.- be-
fore the fifteenth (15th) day after the issuance of the Work
Order. The Work Order shall consist of a written request by
the Engineer for the Contractor to proceed with the construc-
tion of the project The Contractor will not be allowed to
prosecute the work on Sundays Athout written permission by
41 the Owner.
LIQUIDATED DAMAGES FOR DELAY
The Contractor agrees that time is the essence of this con-
tract and that for each day of delay beyond the number of
working days or completion date herein agreed upon for the
completion of any portion of the work herein specified and
contracted for, the 014NER may withhold, permanently from
the Contractor's total compensation, a sum for liquidated
damages for such delay. The amount of damages shall be com-
puted from the table as specified in Section 8.6 of the THD
Standard Specifications.
TESTING OF MATERIALS
The Contractor shall futnish all materials for tests which
will be done by the Owner.
Tests will be :jade by the Owner at-no expense to the Contrac-
tor, except that in the event a test indica'es that the ma t-
rial does not meet the requirements of the specifications, the'
Contractor shall bear :he cost of that tc!;C.
STATE SALES-TAX
This contract is issued by an organization which qualifies
for exemption pursuant to the provisions of Article 20.04 (F)
of the Texas. Limited Sales, Excise and Use Tax Act.
CP-4
~a
The Contractor performing this contract may purchase, rent or
® lease all materials, supplies, equi*iment used or consumed in
the performance of this contract by issuing to his supplier an
exemptivn certificate in lieu of the tax, said exemption cer-
tificste complying with State Comptroller's ruling #95-0.07.
Any such exemption certificate issued by the Contractor in
lieu of the tax shall be subject to the provisions of the
State Comptroller's ruling #95-0.09 as amended to be effec-
tive October 2, 1968.
WAGE RATES
All employees of the Contractor on the work to be performed
under this contract shall not be paid less than the prevail-
ing wage scale in this locality for work of a similar char-
acter, and in no event less than the rates specified in the
Minimum Wage Scale.
COORDINATION WITH OTHERS
-In 'the event other contractors are performing work in the
same area simultaneously with this project, the Contractor
shall coordinate his proposed construction with that of the
other contractors.
PUBLI, UTILITIES
It is anticipated -.hat utilities will be relocated prior to
the work under this contract being started; however, utility
relocations may be done during the performance of this con-
tract in which case the right is reserved to the owner of
public utilities to enter upcn the limits of the project for
the purpose of making such changes or repairs of their pro-
perty that may be made necessary by the performance of this
contract. The Contractor will not be responsible for reloca-
ting or adjusting utilities except as provided for in the plans
or in the Definition of Bid Items section.
EXISTING STRUCTURES
The plans, show the locations of all known surface and subsur-
face structures. However, the Owner assumes no responsibility
for failure to show any or all of these structures on the
plans, or to show them in their exact locations. It is mu-
tually agreed that such failure shall riot be considered suf- -
ficent basis for claims for aedltional compensation for extra
work or for increasing the pay quantities in any manner what-
soever, unless the obstruction encountered is such as to n3-
' cessitate changes in the lines or grade,, ur requires the
GP-5
building of special work, provisions for which are not made
in the plans and proposal, in which case the provisions in
these specifications for extra work shall apply.
The Contractor shall be responsible for the protection of
all existing utill.ti.es or service lireG crossed or expcced
by his construction operations. Where existing utilities
or service lines are cut, broken or damaged, the Contractor
shall replace or repair the utilities or service lines with
the same type of original material and construction, or bet-
ter, at his own cost and expense, with the exception of those
items included in the bid schedule.
Water meters shall be adjusted by the municipal utility com-
nany. The adjustment of utility valves bhall be performed
by the Contractor as an incidental item to the general contract.
.POLES, SIGNS, GUY WI'tES, ETC.
All utility poles and guy wires, private sign posts, signs
and similar private obstructions which interfere with the
constructior, of this project will be removed and replaced
by the owners thereof, without cost to the Contractor.
The City will remove and relocate all traffic and street nam%s ,
signs without cost to the Contractor. Adequate notice shall
be given prior to the Contractor's crews actually working
within an area so that all signs may be nrupe).ly removed.
The Contractor shall be responsible for the full replacement
cost of any sign which is accidently dr intentionally damaged
during the construction phase of the project.
BARRICADES, LIGHTS, DETOa %OUTES AND SIGNS
The Contractor shall, at his own cost and expense, furnish
and erect such barricades, fences, flashers, signals and
signs, and shall provide such other precautionary measures
for the protection of persons and property as are ne:essary.
Safety to the working forces and the general public shall be
' of uppermost consideration in scheduling all construction
activities.
All signs and barricades shall be constructed and erected to
conform to standards r,s established in the latest edition of
the Manual on Uniform Traffic Control Devices. From sunset
to sunrise, the Contractorshall urns an maintain at least
one battery type fl,aaher at each barricade and a sufficient
niLfiber of barricades shall be erected to keep vehicles or ped-
estrians from entering hazardous work areas during constriction.
GP-6
The Contractor will be held responsible for all damages to the
work due to fail,:e of the barricades, signs, lights, and watch-
men required to protect the work area. The Contractor's re-
sponsibility for the protection of the work shall not cease until
the project has been accepted by the City.
If, UL the opinion of the Engineer or his duly authorized represen-
tative, the barricades ano signs installed by the contractor do
not properly protect the wort, area, the Contractor shall immediately
cease all other work activities and correct the deficiency in proper
barricading.
The Contractor shall provide an ultimate effort toward safe and
smooth flow of traffic during work hours.
Flagmen will be essential in many areas. Flagmen shall have standard
reflective vests and flags as minitpm equipment. Flagmer shall also
be knowledgeable as to the correct procedures for flagging, and shall
be aware of traffic patterns and traffic needs.
All broken, damaged, or ineffective barricades or signs shall be
removed from the project and replaced within two (2) hours after
notification by the Engineer or his representative.
No work will be allowed to begin prior to proper placement of all bar-
ricades and signs.
The Contractor shall designate a person who will be in char•a of all
barricades and signs. This person shall be knowledgeable o a.ll cur-
rent regulations of law regarding proper procedures for barricading
in construction areas. This person shall be available to perform
these duties during working hours, night hours, weekends and holidays.
The Contractor shall also be required to provide watchmen after work-
ing hours, on weekends, and on holidays for the entire length of the
project.
all detours, closures, partial closures, or other construction ac-
t±vities that require a major displacement of traffic shall bt sche-
duled to begin on Mondays. A one ~deek notice shall be required so
that the Engineer can communicate this information to the public.
All barricades and sign locations shall be coordiuited prior to any
closures through the use of schematics prepared by the Engineer. A
barricading meeting will be held by the Engineer wif,h the contractor's
superintendent, the person in charge of the barricades and the foreman
` in charge of the particular construction to be done.
WATER FOR CONSTRUCTION
Water used for jetting or flooding trenches, sprinkling, testing, and
flushing of pipe lines, or any other purpose incidental --o this pro-
ject, will be furnished by the Contractor. The Contractor shall make
the necessary arrangements for securl,nf; and transporting such water
and shall take such water in a manner and at such timea that will not
produce a harmful drain or decrease of pressure in the City's water
system. Water shall not be used in a wasteful manner. The Contractor
shall make arrangements with the City to provide the water required
end the Contractor shall pay for the water at the prevailing rate.
GP-7
SITE CLEANLINESS
During construction of the work, the Contractor shall, at all times,
keep the site of the work and adjacent premises as free from material,
debris and rubbish as is practicable and shall remove same from any
portion of the site if, in the opinion of the Engineer, such material,
debris or rubbish constitutes a nuisance or is objuctional.
The Contractor shall remove from the site all of his surplus material,
and ter:porar; structures when no further need therefor develops.
STAKING LINES AND GRADE
The City shall furnish staking for all alignments, grades and eleva-
tions which the Contractor shall protect and maintain. Any survey
stakes or markers that are disturbed by the Contractor shall be re-
placed by the Contractor immediately upon notification by the City.
The Contractor shall furnish suitable material, labor and expertise
to erect and maintain adequate batter boards for utility line con-
struction as the job progresses.
U.S. POSTAL MAIL BOXES
The Contractor shall be fully responsible for maintaining and pro-
ter.ting all existing C.S. Postal mail boxes during the construction
period. Postal mail delivery must be maintained on a daily basis to
the adjacent residents on the project. While portions of the pro-
J ect Ere completely closed to traffic, the mail boxes shall be re-
located to a nearby street corner where they shall be placed for
temporary delivery service. The Contractor shall relocate the boxes
working in cooperation with the Postal Director and the Engineer.
Following the completion of paving, the Contractor stall restore all
postal boxes to the approximate location behind the new curb. Be-
cause of the legal significance of the postal delivery service, the
Contractor shall consider this responsibility as a first priority.
PARTIAL I AYMENTS
Partial Payments will be made on a monthly basis by the tenth of
each month. Only complete and in place items will be paid for
and no payment will be amde for materials on hand. A ten percent
retainage will be held by the City calculated using the total work
complete to date of the partial payment.
GP-8
MINIMUM WAGE SCALE
The rates below have been determined by the City of Denton, Texas,
in accordance with the statutory requirements and prevailing local
wages.
Overtime shall be paid for at the rate of eae and one-half (1 1/2)
times the regular rates for every hour worked in excess of forty
(40) hours per week.
CLASSIFICATION RATE PER HOUR CLASSIFICATION RATE PER HOUR
Asphalt Raker $4.50 Power Equipment Operators:
Batching Plant Scaleman 4.20 Crane, Clamshell, Backhoe
Carpenter, Rough 5.00 Dragline, Shovel
Concrete Finisher 5.00 (Less that 1 1/2 C.Y.) $4.70
Concrete Finisher Helper 3.75 Crane, Clamshell, Backhoe
Form Builder (Structures) 5.00 Dragline, Shovel
Form Builder Helper 4.15 ( 1 1/2 C.Y. & Over) 5.00
Form Liner (Paving) 5.00 Foundation Drill Operator 6.00
Form Setter (Paving) 4.00 Front Eno Loader
Form Setter Helper 3.75 (2 1/2 C. Y. & Less) 4.15
Form Setter (Structures) 5.00 Front End Loader
Laborer, Common 3.00 (Ova r 2 112 C.Y.) 5.00
Mechanic 5.00 Motor Grador Operator 4.75
Oiler 4.20 Motor Gri%dt r Operator
Pipelayer 4.00 Fine Gray';: 5.00
Powderman 4.75 Roller, Pneumatic 3.85
Power Equipment Operators: Scrapers 4.50
Asphalt Distributor 4.45 Scrapers, Fine Gradg 4.75
Asphalt Paving Machine 4.50 Tractor, 150 H.P. & Less 3.85
Bulldozer 4.50 Tractor, Over 150 H.P. 4.75
Bulldozer, Fine Grade 4.75 Eoring Machine 4.00
Concrete Curbing Machine 5.00 Welder 5.50
Concrete Paving Machine 4.95
Concrete Paving, Saw 4.75
The CONTRACTOR shall comply will all State and Federal Laws applicable
to such work.
The above are minimum rages. Bidue4rs shall base their bide on rates
they expect to pay, if in excess of those listed. The OWNER will not
consider claims for extr. payment to CONTRACTOR on account of payment
of wages higher than those specified.
GP-9
DEFINITION OF BID ITEMS
The following technical specifications pertain to specific bid items
whi,ah correspond to provisions of the 19/2 edition of the Texas High-
way Department Standard S ucifications for Construction of H hg ways,
Streets an Bri Res.
Item 100 Preparing Right-of-way
T"nis item shall consist of preparing of right-of-way for construction
operations by the removal of all obstructions and disposal of the ma-
terials at locations provided by the Contractor. Such obstructions
shall be considered to include remains of houses not completely re-
moved by others, foundations, floor slabs, concrete, brick, lumber,
plaster, utility pipes for house s,rvices, fences, storm sewer pipe,
inlets, flumes, headwalls, culverts, retaining walls, and all other
debris. This includes the 12' valley gutter on Stuart Road.
This item shall specifically include the removal and disposal of all
trees, shrubs, stumps and other landscape features not designated
for preservation.
This item does not include the removal of concrete pavement, curb and
gutter, dr v~ eway slabs or sidewalk pavement. The removal of these
existing concrete pavements shall be paid as a separate bia item.
It is the intent of the specificatior to provide for the removal and
disposition of all obstructions and objectional materials not speci-
fically provided for as a separate bid item. Payment for the bid item
"Preparing-Right-of-Way" shall be on a lump sun basis.
Item 104 Removing Curb and Gutter Pavement
Removing curb and gutter pavement shall include the removal and dis-
posal of existing sections of concrete curb and gutter. Payment shall
be on a lineal foot basis.
Item 110 Unclassified Excavation
Provide labor and equipment necessary to excavate materials to the
grade indicated on the plans. E;cisting asphalt surface pavement shall
be included along with other exc.rvated materials as a Part of this bid
item. The Contractor shall stockpile sufficient suit .le material to
backfill and level areas outside the actual limits of the pavement.
Topsoil from the shoulders and areas vdjjacent to the existing pavement
shall be stockpiled in order to fill Wind the curb in the areas
which abut sodded lawns. Backfill material shall be of the black loam
type with suitable properties for excellent growth of grass or arrubs.
Adjacent property owners shall be entitled to any surplus excavated
materials which is not needed ror filling or leveling on the victual
construction project shall become the property of the Contractor for
disposal as he sees fit. All excavated areas whether street excava-
tion, storm sewer excavation, or utility excavation shall be watered
down to prevent dust at the direction )f the Engineer. The Engineer
shall require this to be done a minimum of three times each day et his
discretion.
Item 260 Lime Treatment for Materials in Place
This item shall consist of treating the existing subgrade by the pul-
verizing, addition of lime, mixing and compacting the mixed material
to a 95% compacticn as determined by test method TEX-114-E. Payment
shall be based on a square yard measurement for a section of 6" thick-
ness. A minimum of 18 pnunds of lime shall be placed per square yard
utilizing the slurry method. Density control will be utilized from the
Highway specifications. All subgradti inc'.uding the treated laver and
underlying layers shall be sound and stab :.e before paving operations
will be allowed to begin. Payment for thy: hydrated lime will be com-
pleted by Item 264.
Item 264 Hydrated Lime
Type A, hydrated lime will be measured by the ton of 2,000 pounds, dry
weight. Placement and mixing of the lime slurry will be paid as a par-.:
of Item 260, outlined on page
Item 340-A 6" Asphalt Pavement
This item shall consist of a 6" total depth asphalt- pavement section.
Payment shall be made on a square 4ard basis, in place. The section
shall consist of 1 1/2" of type "D' asphalt pavement wearing course
placed on a 4 1/2" type "G" asphalt base.
Coarse aggregate used under this item, for 5/8" si-e and larger, shall
be crushed mineral aggregate. AC 20 grade asphalt complying with THD
Item 300 shall be used. lit place density shall be Provided utilizin
THD Bulletin C-14 spectf{cations and methods. Asphalt material shall
not be heated to a teaip,erature of more than 350OF at the plant and
shall be placed at a minimum temperature of at least 2500F. No mate-
rial shall be placed -when general weather conditions indicate an air
temperature of less than 500F. Tack coat shall be RC-2 cutback a-;phalt
and shall be applied at a rate of 0.05 gallon per square yard.
Type "G" paving mixture shall have the following gradation:
Coarse Graded Base Course Percent By Weight
Passing 2" sieve 100
Passing 1 3/4" si..ve 95-100
Passing 1 3/4" sieve, retained on 7/8" sieve 15-40
Passing 7/8" sieve, retained on 3/8" sieve 10-40
Passing 3/6" sieve, retained on No. 4 sieve 10-25
Passing No. 4 sieve, retained on No. 10 sieve 5-20
Total retai,i%d on No. 10 sieve 65-80
Pasraing No. 10 sieve, retained on No. 40 sieve 0-20
Passing No. 40 sieve, retained on No. 80 sieve 3-15
Passing No. 80 sieve, retained on No. 200 sieve 2-15
sassing No. 200 sieve 0-8
Type D paving mixture shall be crushed mineral aggregate. Gravel
screening shall not be used in any of the paving mixtures.
Item 340-B 8" Asphalt Pavement
This item is identical to the material and placement specifications
in 340-A, The thickness shall consist of a full depth asphalt sec-
tion of 1 1/2" of type D material and 6 1/2" of type G material. Pay-
ment shall be made on a square yard basis, in place.
Item 340-C As?)halt Pavement Patch Material (Type D)
Material specifications for this item shell conform to type D Texas
Highway Department paving mixture. This item will be paid by the
ton, in place, for various patches where the project thrums other
streets. Patches will be approximately 2" in thickness and trill
sometimes be irregular. Material for this item to be placed at loca-
tions as directed by the Engineer.
Item 421-A Class C a(Joncrete
Provide class C concrete, in place, for wing walls, aprons, toe walls,
and barrel for the box culverts as shown on Plan Sheet 15,6. This item
shall be measured and paid for on a per cubic yard basis. This item
shall include all materials, labor and equipment necessary to place and
finish all required work. Reinforcement steel shall be paid for as bid
Item 440. Quality of concrete shall be as per THD specifications 421.9.
Also included shall be 75'of daylighting uj.stream and downstream of each
culvert.
Item 421-B Concrate Rip-Rap
Provide class B concrete rip-rap,in place, for any channel lining
around the two box culverts if needed. The reinforcement for this
item a_Lall be included in the per square yard price.
This item included all material, labor, and equipment necessary to
place and finish the work shown on the plans. The rip-rap shall be
broom finished and shall have tooled joints placed at joints directed
by the Engineer.
Item 440 Reinforcing Steel
Provide and place reinforcing steel as noted on the TED standard draw-
ings, This item shall include all steel renui.red for the box culverts.
Not included in this item is any required rip-rep reinforcement. Bid
Item 440 shall provide for all costs associated with the placement of
the steel as per THD specifications.
Items 465 n,B,C,& D
Provide and instRll 18", 24", 30" and 42" reinforced concrete sewer pipe
(Class III) as noted on tha plans. Bid trice per lineal foot to include
trench excavation, bedding, preparation, instal'.atlon of proc and hackfill-
ing of the ditch. Jetted sand hackfill is to be utilized in all ditches.
All concrete pipe joints shall be constructed with either E. S. 702-
Alco joints; Ram-nek Joint material, or an equivalent product.
Item 470 A Manhole (4' I.D.) & Cover
'Construct pre-cast or monolithic storm sewer manholes as pez detailed
on plan sheet #4. Lump sum bid price to include all materials, labor
and equipment necessary to place the manholes. Frames and e.(,vers for
the manholes are included in the lump sum bid price. All manholes,
regardless of k:ep 71 ,-wwM be paic: at one bid price, per each structure
Backfill around manholes shall be with the same material used for pipe
trench backfill.
Item 470 B Junction Box AS Cover
Construct junction boxes as detailed on plan sheet #3. Frames and
covers for each junction box are to be considered as a part of the
lump sum bid item for each. Price to inc uI e-atr materials, labor,
and equipment to fully construct the structures. Backfill around
junction boxes shall be with the same material used for pipe trench
Backfill.
Item 470 C 10' Curb Inlets
Construct curb inlets as per detailed on plan sheet #3. Inlet frame
and cover to be paid as a separate bid item. Lumn sum price, per inlet,
to include all other materials, labor and equ+vment necessary to fully
construct the inlets. In some cases, inlets will be constructed in
continuous groups to obtain large capacity structures. Backfill around
inlets shall be with the same material used for pipe trench backfill.
Item 479, Adjusting Existing Manholes
Adjust existing manholes to match the new street grade as indicated
on plan and profile sheets. Lump sum bid price, per ad,1ustment, to
include all materials, labor, and equipment necessary to complete
the work unless otherwise specified by the Engineer.
Item 522 Concrete Curb and Cutter
Construct concrete curb and gutter as per detailed on plan sheet 12.
Reinforcing steel is no. recuited when the entire section is placed
as one monolithic pour. A11 concrete shall be a minimum strength of
3,000 P.S.I. at 28 daya. The curb and gutter section shall receive
an approved curing compound soon after the work has been completed.
The contractor may use an approved curb and gutter extrusion amcnine,
with or without forms. This bid item shall include all materials,
labor and equipment necessary to place the curb and gutter as noted
on the plans.
Item 524 A •4" Concrete Sidewalk
The bid price for sidewalk, in place, shall include all expenses for
excavation, forming, constructing, and finishing the walk, and back-
filling the completed work. The sidewalk shall be placed on a 2"
cushion of clean sand and shall be poured between straight aligned
forms. The concrete for the sidewalk shall be 3,000 P.S.I. strength
and shall be placed at minimum nlLLnp, c.on: istenL with proper finishing
The sidewalk shall be 4" thick, 4' wide, and at locations as noted on
the plans. Some short connecting sections of walk between existing
,%ad new slabs will also be reouired. Reinforcing steel will not be
required for the sidewalk slab. All sidewalks shall receive an approved
curing compound after the slab has been placed.
Approved expansion material shall be placed every 20 feet for constructior
joint purposes and dummy joints shall be placed at 4 foot intervals.
Als;, where the sidewa:k abuts a curb or other structures, it shall
be ser=sated from tbet structure by the above approved expansion mater-
ial.
Item 524 B 6" Concrete Pavement
Construct 6" thick sections of concrete pavement at th(: intersection I
radii as shown on the plans. All concrete shall be a minimum strength
of 3,000 P.S.I. at 24 drys. Reinforcinp~ steel shall consist of 3/8"
bars on 15" centers both ways or 6" x 6' - P-6 wire mesh.
These steel quantities will not be included in Item, 440 for separate
payment. All concrete slabs shall receive an approved curing compound
after the slab has been placed. This bid item s!+all indlude all ma-
terials, labor and equipment necessary to place the intersection radii
as noted on the plans.
S.P.-1 Compacted Fill
This item to include the placement and compaction of excavated material
along the entire project. The fill material may be selected from the
regular excavation which is necessary on the project. Compaction shall
be testes it not less than 98% of the density as determined in accor-
dance with Test Method TEX-114E. This bid price to include all costs
incurred in hauling, placing, sprinkling, rolling and obtaining final
compaction for the compacted material. Final pay quantities shall be
computed in cubic yards, in place, by cross sectioning the fill area.
Construction methods provided by Texas State Highway Department, Item
132, "Embankment," shall generally apply.
S,P.-2 Saw Cut (Existing ^,oncrete)
This item shall rovidr for snaring existing concrete pavement, drive-
ways and sidewa&s v:lere noted on the plans. The saw cut shall be deep
enough to provide a smooth edge when a portion of the concrete slab is
removed. Any damag,- to nncretc slihq s-hic') :+re rnr4ed tote saved
will be f_ho direct t,h(, ;nn-;-actor. Thi!; hici iterl
includes only that sawin;, rlglri fn tuns or existin;•
slabs , 'Ilie ;,-i lo7 nr ; fo: !1! e 1'~'t' :I! s i ~ I ))e coos t,'.ereti
as iriC l4)r'11 ~11 1_o rhr t' ;.1`i 1 't'. l7 „Xt `;L r:l lti'11:I It
pavement shall be considered as incidental to the removal stems.
Item S.P.-3 4" Sub-drain
Provide 4" diameter sub-drain in place, as detailed on plan sheet #4.
The location of the construction project has limited ground water pro-
blems typical of the Denton area. This item provides for the placement
of a sub-drain to facilitate the construction progress and prevent
maintenance problems. This item shall be paid for on a per lineal foot
basis. All work and material incidental to the completion of the drain-
age shall be included in the unit bid price.
Item S.P.-4 Guard Rail
Provide and place guard rail as shown on sheet #4. Bid price per
lineal foot shall be full compensation for furnishing aU materials,
preparation, hauling, erection, painting, and maintenance of the
guard rail. This item also includes all labor, tools, equipment, and
incidentals necessary to complete the work.
Item S _P_-5 Existing Water Line Adjustments
Provide existing water line adjustment of the 6" water lies at the
southeast co.-ner of Windsor Drive and Stuart Road where the 30" R:C.P.
crosses. This itez, includes all work, equipment, and materials re-
quired to complete the total adjustment. The adjustment will be
made with four 45 degree bends and a minimum 10 foot section beneath
the flow line of the torm sewer. The clecr distance between t,he
water line and the storm sewer shall be a minimum of 1.5 feet. All
fittings shall be blocked and the ten foot section will be encased
in concrete. This item will be paid for on a per unit basis.
item 471 Inlet Frame and Cover
Provide and install inlet frames with covers as specified on plan
sheet #3. These frames will be placed as a -art of the curb inlets,
bid item 470 C. Frames and covers for manholes and junction boxes
will be b,d as part c,f those items. Construct ene frame and cover
at each location for eri inlet, regardless of tFe number of inlets
that may be conneceed in a series.
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C•11U-STANDARD SALE CONTRACT Martin Stationary Co„ Dallas, Texas
THE STATE OF TEXAS ' z
COUNTY OF DENTON BY THIS AGREEMENT AND CONTRACT,
Richard F. Hare
Partttw; hereinafter wiled Seller,
noting through the undersigned and duly authorized Agent, hereby sells and agrees to convey unto
city of Denton, Texas
,hereinafter called Purchaser,
I the following dcca:'*md property: L'.1111 and a:tuated in ts:e C.ty ai County of Denton and
more particularly described as follows: All that certain lot,
tract or parcel of land lying and being situated in the City and
County of Denton, State of Texas, and being part of the J. Brock
II Surveys Abstract No. 55 and being part of Lot No. 2A of the
PrOpettteeI Adkisson Addition, an addition to the City and County of Denton,
and also being part of a tract of land as conveved from Albert Yr.
Adkisson to Richard F. Hare by deed dated May 6, 1971 and record'-
in Volume 621, Page 12 of the Deed Records of Denton County, Tt ,
+ and more particularly described as follows: Being all of Lot 2A
f of the replat of Lot No. 2 of the Adkisson Addition as record,ad
in Cabinet "B". File , of the Plat Records of Denton County,
` Texas and containing "26 acres of land, more or less.
e
k the purchase price Is 4 11,0)0. 00 payable a foliose,:
K 3~yp';.Z ~plpx x x x ISdtK RAIIldot94ioxkiterkxsrie Y.DC10t Mirk XK zJC)enlparllkplltx
I~
$11,000.00 Cash ~xansauoxrut~c>t~mo~xxftxxDt><xtWtr>~x~atmt~ilY9uc)maoglaxx
at closing~3ljF3F#jE3l3f~F#jE#c i3Ej4#33E3Pilll3E3£##E
Terms
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X34XlSii!~LIIIQNbWtI1xX%XxYJtAili~i{'K1'81?L1ili9{F.~t1l.X%X>S,IfiiG7ft'4iiKliKtt+futiYrGKY/SJCIIdI 1
xHf9O?Illt9l711011:xxKOWtxladltx«ioocl~lxlnolr%OmiftdlilK ~
Scl;er agrees to furrJah Title Insurai a Policy to said property,
wh,,h shall be conveyed free and clear of any ar>'i All tineembrarees euep3 show na,ned herels. {
in accorcli %i the terms of the Real 1i IJ,rr • Art of Ili. State of Teiii you. as pore
shwas, are advieeJ that loo should have the abs.1 «..r,ra lha t.al e.tate shied is the ruby~ct of thla
contract examired by an attorney of your cost s elem. ,r 1 ynv OW,4id be lrrnlshed with or oblate
a policy of title Insurance.
If sbetra;t Is furrJahed, I1urc1avr artrest willow ten Tarr from the re.etpt of old abstract
either to ricept the title a shorn hr ald abotrart or to ret un it to the urwlerslp ed Agora with the
Title written ob~ectlons to the tills-XD% Iii0X%MKIIXX"MXX l14)WIL+aXKIta"XX*&Mlrif
k110tOtk101dtflXYkIC}QYOtf(I~IKI!>mfMIGKYftK1iXYK1tNlI0K1XI L]l1C tf 01s Mluy Is for,
nbhed, Purchaser agrees to eoruornmate the ale within ten daya fir m dais title company approtte title.
If any tills objections are made then the e4iler or his Agent sh01 hate a r.amri time to to,*
said objections and show good and marftetabb this. in the ettnt of Misers to ferJ.h i and msilitut,le
title, the purchase money hereby teeelpled for Is to be relulnhl to wrthater up- in 44 nncel;atlon and
return of this eotitraet, or Purchaser may enforce slecille terrormance of sama.
Seller Agrees when the title abje'ctlons %a,s heen rure.l, i delitre it art and MulRe!snl rieneral
Warranty Lftd paroperty coonyrgartrg ald property to ward Ilurct.a«or,
Cloning +ya+wt Kli~jlKklllrlKKIrK7[1171X1~1Z
_+taX
~~N HE k MMU~):X lMt1i>
=~lslto11=x1t~SC)W1~tKK1W~11W X1111"IMI tall tltdt>1KKXX%XX XXXX S IODtalkK7t3fyt
Taxes ?ixTaxes for the current year, the eurre^I rents, Imuranre, and Intereet, lit ally), are to W prorated
to date of closing,
11KptlditiRK~9ii~lt f111t1t~~~~~~~~ it1tR
The purchaser will pay all closing costs.
appedal The purchase of said property is subject to the approval of
CondiLlOno the city Council of the City of Denton, Texasr
The purchase of said property is subject to the property
meeting all zoning requirementu.
(Executed In triplicate this / /I day of ✓n 1r 1979
This ckr4ract subject to the seceptari of Seller
eptadt
A 11-i-ei 41; f Seller.
P By
LVIT! OF-M TON /1' purchaser. Agent for
i
SINGLE ACKNOWLEDGMENT
THE STATE OF TEXAS, l
7u. f J BEFORE ME, the undcrafgned authority,
COUNTY OF
In and for said County. Texas, on this day personally Appeared e •iw,1 Rv F ~AA' F
known to me to be the pcrsan rchosc name is ,ui. , ribed t,r the foregoing instrument, and ncknowledged to me that
be, executel the snipe for the purpu5e9 MA COZI lAl•ratiun therein expressed. ~
GIVEN UNDER MY BAND AND SCAT, OF OFiIcF:, I his,~/ / J da of /(r A.D 19
1\ tnr) Public, "7zvd-.-.7.7/ County, Texas
My CommisalonExpires Augr{st 31,,1Q$Q._.__..
Sii~Gi."r. wC1KN0iVr.~D6Mf,t~1'
THE STATE OF TEXAS,
BEFORE ME, the undersigned authority,
COUNTY OF
In and for aald County, Texna, on this day personally appeared
known to me to be the perr;,,,r 0 ..Irsr grit., d t, i the f,irvK„inw Instrurnvnt, and actnou•ledged to me that
he executed the sap r f, Ow p•.,rp %-,d n, i of„n tho r. in crpres~ed.
GIVEN UNIr}:lt MY HAND ANU s11 1l, r,F r if 1.111: 'I l i, day of A, 11. 19 .
; „i~ r 1'uhliC, County, Texas
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