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HomeMy WebLinkAbout10-1980 ' s f 1980 DENTON BOY'S TACKLE FOOTBALL ASSOCIATION THE ST14TE OF TEXAS S CONTRACT FOR SERVICES COUNTY OF DENTON S This Agreement made this the day of October, 1980, by and between the Denton Boy's Tackle Football Association hereinafter referred to as "Association", and the City of Denton, hereinafter referred to as "City", each acting by and through its authorized officials, pursuant to the following terms and conditions: o I. City agrees to deposit with the Association the sum of Two Thousand and No/100 ($2,000.00) Dollars, and certain fees and charges hereinafter described, for the City's fiscal year 1.980-81. Association shall submit an annual budget to the Denton Parks and Cecreation Department for approval which shall set forth on an item by item basis the fees and charges herein- after described, and the above Two Thousand and No/100 ($2,000.00) Dollars, the City will make one payment to the Association on the lst day of October, 1980, in the amount projected in the annual. budget. City shall make such payments solely from current revenues in the budqet of the Parks and Recreation Department. Expenditures shall be authorized for a period from October 11 1980 through November 30, 1980. II. Association agrees to provide qualified officials for all Boy's Youth League Football games and special games that are sponsored by the Denton Boy's Tackle Football Association III. Association agrees to the following additional terms and conditionsi 1. It will establish a separate bank account for deposit of the Two Thousand and No/100 ($2,000.00) Dollars paid to the Association by the City and all expenditures for services provided shall be made from this account. 2. it will establish, operate, and maintain an account system for this program that will allow for a tracing of funds and a review of the financial status of the program. 3. It will permit authorized officials for the City of Denton to review its books at any time. 4. It will reduce to writing all of, its rules, regula- tions, and policies and file a copy with the Director of Parks and Recreation or his authorized representative along with any amendments, additions, or revisions whenever, adopted. 5• It will not enter into any contracts that would encumber the City funds for a period that ;would extend beyond the term cf this Agreement. 6. It will prepare and submit a report of expenditures and revenues to the Director of Parks and Recreation or his repre- sentative by the 1st day of December, 1980. 7. It will refund the balance of the special account to the City of Denton on or before December 1, 1980, except for Five Dollars ($5.00) to be left in the account so the account will not have to be closed and reopened each year. 8. It will promptly pay all bills when submitted; unless there is a discrepancy in a bill which should be promptly reported to the Director of Parks and Recreation or his auth- orized representative for further direction. 9. it will appoint a representative who will be available i to meet with the Director of Parks and Recreation and other City officials when requested. 10. It will indemnify and hold har-.rless the City from any and all claims and suits arising out of the activities of the Association, its employees, and/o: contractors. 1.1. It will obtain releases from the officials which will release, Indemnify and hold harmless the City aid the Asso- ciation from any claims, injuries, or damages of the officials. 12. It will retain officials as independent contractors and not as employees. IV. The general terms and conditions are as followst 1. If any of the terms and conditions are not complied DLNTON BOY'S TACKLE FOOTBALL ASSOCIATION-PAGE; 2 with by the Association, the City is authorized to refuse to make any further payments until the condition on whie:h the complaint is based is corrected to the satisfaction of the City, 2. This contract shall be subject to all valid ru?es, regulations, and laws applicable thereto as promulgated by the United States of America, State of Texas, or any other govern- mental body or agency having lawful jurisdiction. 3. Association is authorized and should give notices required herein to the Director of Parks and Recreation or that person's authorized representative. 4. Any contributions or gifts received by the Association are not subject to the provisions of this contract and they should be kept separate and apart from the funds, charges, and fees covered by this contract. 5. Association shall provide its services and be paid by the City in the rapacity of an independent contractor and not as an agent or department of the City. It shall have complete control, supervision, and responsibility for its activities under this contract including the hiring, supervision, and control of its employees. IN WITNESS WHEREOF, the parties hereto, acting under authority of their governing body and Board of Directors, have caused this contract to be duly executed in two counterparts, each of which will constitute an original, as of the L ~day of October, 1980. C RD 0. TEWA , MAYO CITY OF D TON, TEXAS ATTESTi DENTON BO 'S TACK FOOTBALL ASSOCIATrr BY 1 , OKS HOLT, CITY SECRETARY HOMAS G. A C IN? PRESIDENT CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMS C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BYE /I A DENTON SOY'S TACKLE FOOTBALL ASSOCIATION-PAGE 3 . . . \6~ Q • F v I 7 a r" 116-EAAENlN[_ ~ v..a. m-u..-,N-G0.rDJ~ _ THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF Denton DM 4CURDS 0"L9 n THAT William B. Rogers and J. Robert Goodson and wife, Jean M. Goodson of Denton County, Texas , in consideration of the sum of One Dollar {$1.00} and no/cents and other good and valuable consideration in hand paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by these presents grant, bargain, sell and convey unto to the City of Denton, Texas , the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, owned by them . Situated in Denton County, Texas, in the O.S. Brewster Survey, Abstract No. 56 All that certain lot, tract or parcel of land lying and being situated in the City and and County of Denton, State of Texas, and being part of the O.S. Brewster Survey, Abstract No. 56, and being part of Lot No. 8 and 9, of the Solar Way Addition, an addition to the County of Denton, and also being part of a tract of land as conveyed from W.T. Hall, Jr. et al to William B. Rogers and J. Rboert Goodson and wife Jean M. Goodson by Deed dated 12-31-79 and recorded in Volume 994, Page 652 of the Deed Records of Denton County, Texas, and more particularly described as follows: Tract I Beginning at the northwest corner of Lot 8 of the Solar Way Addition; Thence South 89°12'11" East, a distance of 17.69 feet to a point for a corner; Thence South 24°29'06" East a distance of 353.90 feet for a corner on the north right- of-way line of Solar Way Street; Thence with a curve to the left, on the north right-of-way line of Solar Way Street, having a chord bearing of south 86°46'06" West chord length of 17.17 feet and an arc length of 17.23 feet to a point for a corner; Thence North 24°29'06" West a distance of 355.23 feet to the place of beginning and containing 0.130 acres of land, more or less. Tract II Conmencing at the northwest corner of lot 9 Solar Way Addition; Thence South 2"30'08" West a distance of 186.35 feet to a point for a corner; Thence South 39°25'1.1" East a distance of 119.03 feet to a point for a corner; Thence North 46°16'15" East a distance of 172.24 feet to the point of beginning; Thence North 43°43'41' West a distance of 16.0 feet to a point for a corner; Thence North 46°16'1F," Ecst a distance of 94.66 feet to a point for a corner on the South Right-of-way lint. of Solar Way Street; Thence with the south right-of-way line of Solar Wa,v Street around a curve to the left, having a central angle of 16°09'40" a radius of 60.0 'eet and a chord bearing of South 62°11'17" East, chord length of 16.87 feet and an arc length of 16.92 feet to a point for a corner; Thence South 46°16'19" West a distance of 100.0 feet to the plarqf egin p~- and containing 0.3559 acres of land more or less. 1roa j u of'(V) For the purpose of constructing, recorstrr!ccing, 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, workperi'lihd fepresentatives having ingress, egress, and regress in, along upon and s :rosa said premises` fot~b6orpOso oftnaking additions to, improvements on and repairs to the said public ut~)i fes any part t eref. i TO FIAyWo HOIA uato the sale City of Denton, Texas as aforesaid for I BY r the purposes f.\", above described, Witness h , thi3 the day of ctober , A. D. 19 80 . 0j, 4L~- _ - - a ogers o er o n M. Goods 6n SINGLE ACKNOWLEDGMENT THE, STATE OF TEXAS, J BEFORE ME, the undersigned authority, COUNTY OF Denton f In and for said County, gn this day personally appeared Wil lei am B.,. Rogers, . J.. Robert.. Goodson., and_Jear1. M,.iffnPV6l ~0 known to me e perx wh I Iws subscribed to Cie foregoing instrument, and acknoMcdged to me that }Iuv oxc Lit s; r !ST purposes and considerntlun therein expressed. GIVE U. TIER Y 11 NI) , ND;SEAL OF OFFICE:, This. N..... day of A.D. 19 ~d Notary Public, County, Texas Ily OF DEp10~' :2~ My Commission Expires June 1, 191 SINGLE ACKNOWI,EDGDIFNT THE STATE OF TEXAS, InEFORE ME, the undersigned authority, COUNTY OF. In and for said County, Texan, on this day personally appeared known to me to be the person _ whose name subscril ^d to the foregoing instrument, and acknuwledged to mo that he executed the same for the purposes and consideration thcreln expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of,..._ A.D. 10 Notnry Public, County, Texas 11v rom.nlastnn Expires June 1, 19 CORPORATION ACKNOWLEDGMENT THE STATE, OF TEXAS, RI:FORF, yIF, the undersigned authority, COUNTY OF in rind for said County, Trxas, en this day pcrronnlly appearcn kn,•.cn to me to be the prrs, n and oft,cr whoso name is subscriled to the tole .bin;t i.r,.run:.nt and nrkroadcoged to n.c tbot the a:flne w;u the apt of tae snit a corporation, and that he exceuteil the sn;ne n,: the act of sncii corporation for the p'irp~'s,a and consideration thenia ' expressed, and in the capacity therein stated, , GIVEN UNDER MY HAND AND SEAI. OF OFFICE;, T1 to day of A.U. 19 Notary Public, County, Texas My Commicsdon Expires June 1, 19 CLERK'S CERTIFICATE Q THE STATE OF TEXAS 00 COUNTY OF. _ (At1 Of IS I, . County S't tM Clerk of pflr 94aE gku11e'by certify that the foregoing instrwnent of writing dated on the rla u 1o6t.thisNt",;tayal_I , d11016% , A. D. 10. with its Certificate of Authentication, wns filed for record in oA!!_ *%W4fI C a,AV:`,i°day 091111 _ A. D. 10 at o'clock b1., and duly recorded thM tb, o4•4?r s' 1o4 A. D. 19 , of _ _ o'clock M., In the 4 41 ecords of said County, in Volume... on pages WITNESS MY HAND AND SEAO*TY COURT of said County, at otnce In . s t.. , they and year last above written. is.r 4 A 01CAO County Clerk..... County, T'exxan. f (L, e.) 0ou1fi't By V01~0317 Id4!1 1 ~ M H ' YDt 33~ C8~8 1 ~ p eC aq r i °I ~ p ;y ~ 6 t 1 LA d c i i30 ° Y t I 3~ ( ~U 3~ 1k CONTRACT FOR WATER DISTRIBUTION SYSTEM STUDY Contract made this 7th day of October, 1980, by and between the City of Denton, Texas, a municipal corporation organized and existing under the Home Rule Amendment to the Constitution of Texas, (hereinafter referred to as Denton) and Hogan and Rasor, Inc., Dallas, Texas, a corporation duly authorized to transact business within the State of Texas (hereinafter referred to as Consultant). WITNESSETH: WHEREAS, Denton wishes to employ Consultant for the purpose of conducting a "Water Distribution System Study" consisting of: 1. A Water distribution system flow and pressure analysis of the existing system for peak huurly demand and minimum hourly demand. 2. A waiver distribution system flow and pressure analysis of the planned system for the year 2000 for peak hourly demand and minimum hourly demand. 3. An analysis and determination of the necessity, size and location of another overhead water storage tank) 4. An analysis and determination of distribution system facilities required to allow flow of 24 MGD from the City's Water Production Plant. 5. An economic analysis of the priorities of the City of Denton's present Five Year Capital Improvement Plans as they relate to the water distribution system. 6. An analysis of water flow in the distribution system to the City of Corinth and an evaluation of Corinth's water storage requirements. 7. Develop a recommended system plan detailing proposed line size, storage requirements and installation dates of such facilities. NOW, THEREFORE, the Parties hereto do hereby agree as follows: SECTION I Consultant shall perform the services as set forth in Attachment 1 hereto. 2 SECTION II In consideration of the services performed by Consultant under this Contract, Denton shall pay Consultant: A. Professional Services Charges for professional services of Consultant's staff who may be assigned to the project will be billed in accordance with Consultant's standard hourly rates for the various categories of personnel as follows: Principal Consultant $80/hr Project Engineer $66/hr Engineering Technician $36/hr Draftsperson $20.50/hr Secretary $18/hr Time charges wi;l be made for personnel only while they are actually at work on the assignment and for travel time during normal working hours. Unless authorized by Denton, the maximum charges for professional services shall be $14,500. B. Out of Pocket Expenses in addition to the cost of professional services, certain other expenses consisting of, but not limited to, travel, lodging, and living expenses of Rogan and Rasor, Inc., employees when engaged on a project away from the home office, plus long distance telephone and other incidental charges will be billed at cost. Printing, reproduction 3 and data processing charges, as required, will be billed in accordance with Consultants' standard rates prevailing at the lime such services are rendered. The use of Consultants' automobiles will be billed at cost. Unless authorized by Denton, the maximum charges for sunh expenses shall be $6,000. SECTION III Invoices shall be rendered monthly for the preceding month's services performed and expenses incurred on Denton's behalf, and such invoices shall be due and payable fifteen days after receipt of the invoice. SECTION IV Consultant shall utilize its own personnel. in the consideration of all required studies. Under no circumstances, except for the services of McDonnell Douglas Automation Company as listed herein, shall Consultant be authorized to enter into any contract with another which would obligate Denton to pay all or part of the amount due under any such contract irrespective of whether recovery might be based upon an express or implied contract (quantum meruit). The facilities of McDonnell Douglas Automation Company, Dallas, Texas, may be utilized for the Hardy-Cross analysis of the Study. 4 SECTIOV V Denton may terminate this Contract upon written notice to Consultant. In the event of termination, Denton shall pay Consultant for full services rendered and expenses incurred to date of termination and Denton shall receive all completed analysis comparisons, and work done to the date of termination and any worts in progress or incomplete reports will be delivered to Denton. SECTION VI The City of Denton has established a Steering Committee comic.,ed of a Purlic Utilities Board member, City Manager, Director of Utilities, Water and Sewer Facilities Admintstrator, Water Production Superintendent, and Water Distribution and Sewer Collection Superintendent. The Consultant shall meet with the Steering Committee on a periodic basis to report the progress of the Studv and to solicit direction on policy related issues. The Director of Utilities will serve as Project Manager for the City + and will be responsible for all technical issues, arranging Steering Committee meetings and other such matters as required of the City. The City shall appoint a Project Information coordinator who will be responsible for obtaining and compiling informer.-. n as requested by the Consultant. Such information shall. consist of but not necessarily be limited to the following: locations and sizes of mainst locations, elevations, and capacities of storage and pumping facilities) 5 f Location and capacity of water treatment facilities= Other data to be furnished by the City shall include: (1) Water pumping and usage records for the past five years (total water produced, water sold, maximum daily usage, peak hourly usage, etc.) (2) Number of water customers for past five years. (3) Locations of large water users (1.O.M.G.D. and over) (4) Thoroughfare Plan (5) Land Use Plan. (6) Population projections and distribution (7) Base maps of the city's water distribution system. (ki) Operational and maintenance problem areas. I (9) Topographic maps. Such information shall be reasonable and compatible with the information base that exists at the City of Denton. The City will make available to the Consultant all information that may be relevant to the Study that is available within the rr;cords of the City. 6 SECTION VII Consultant will complete its' services under this Contract and deliver the required reports by March 31, 1981. SECTION VIII In no event shall Consultant be liable in any cause of action for special, indirect or consequential damages of any nature. SECTION IX The provisions of this Contract constitute the entire agreement between the Parties and supersede all prior communications, representations, and agreements, oral or written, between the Parties hereto with respect to the subject of this Contract. IN WITNESS WHEREOF, the Parties hereunto set their hands and seals the day and year first above written. HOGAN & RASOR, INC. ATTEST: C&9 BY v By &,,i Title de~ Title IIIhU~*hwk ATTEST CITY OF DENTON, TEXA By 13y , Title Title " Jor 7 ATTACHMENT I SCOPE OF WORK WATER DISTRIBUTION SYSTEM STUDY 1. Pre-Work Conference: The Consultant shall meet with the City to discuss the work program and schedule, procedures of communication, additional surveys, assignment of personnel, and any other matters that may have a direct or indirect effect upon the completion and results of this study program. 2. Inventor & Review: The Consultant shall secure from the City data and information available on the water distribution system. The Consultant shall then: a. Review all prior studies and other available data of the existing water works system; b. Develop an inventory of the physical characteristics of the water works system; C. Prepare an updated system map of the existing waterworks facilities on reproducible material at a scale presently utilized by the City. Elevation contours on the waterworks system map will be limited to the area(s) where the operation of the future system may warrant two or more pressure planes. 3. System Planning and Analysis: The Consultant shall: a. Meet with the City for the purpose of discussing and confirming the proposed population projections and distribution that will be used in the planning and analysis of the water distribution system. b. Prepare anticipated water demands for the future growth and development within the planning area for a planning period extending through the year 2000. Population projections and distributions and future land-use for the Planning area will be utilized from the information furnished by the City. Recently completed water supply studies shall be used to establish total system demands. c. Establish the applicable standards and criteria for determining the adequacy of the existing waterworks system and use in determining the improvements and extensions required to meet t.,e existing and forecasted needs. d. Analyze the water distribution system considering: Storage facilities; High service pumping facilities; Water pressure; Capacity requirements and distribution of water; Operation procedures. e. Prepare a map at a convenient scale illustrating the general layout of the proposed waterworks facilities with respect to the existing system. The current pressures and flows in the existing system and the required facilities for the future water distribution system will be determined from a computer analysis of the estimated water demands. f. Conduct the Hardy-Cross analysis of the water distribution system utilizing the computer facilities of McDonnell Douglas Automation Company, 4100 McEwen Road, Suite 100, Dallas, Texas, 75234. g. Plan the future water distribution system with capacities to adequately serve the proposed developments. The computer analysis shall include the following consideration for the system's demands: Existing System - Peak Hourly Demand Minimum Hourly Demand Proposed System - Peak Hourly Demand - Minimum Hourly Demand 4. System Plan and Report: The Consultant shall present conclusions and recommendations for a proposed water distribution system to serve the City of Denton's anticipated requirements through the year 2000. The recommendations for the proposed waterworks system will be consistent with the overall local and regional comprehensive planning goals and anticipated development predicated upon the current standards set forth by the Texas Department of Health, the Texas State Board of Insurance, and the Texas Department of Water Resources. 5. Final Reviews and Printing: The Consultant shall: a. Present fifteen (15) draft copies of the final report to the City Stator review and comment. Maps, charts, and other graphic material will be presented at the original scale. • b. Amend, as required. C. Prepare report, graphics and other material and coordinate for final printing. Fifty (50) copies of the report shall be printed in final form and furnished to the City. An additional one hundred fifty (150) copies of the proposed water distribution system plan (report size) will be printed and furnished to the City. d. Present final report to the Public Utilities Board. ~ ~ n 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 more fully described below; and WHEREAS, the City Council of the City of Denton is of the opinion that the best interest and wQ!fare 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, Hazel K. King agree that a consideration of $6,499.00 is a fair and agreed value of such described property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 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 State of Texas: Being 1.858 acres of land, more or less, out of and a part of that certain 10 acre tract of land in the Nathan Wade Survey, Abstract No. 1407 that was conveyed to Cecil A. King by Trustee's Deed dated February 5, 1952, recorded in Volume 377, Page 70, Deed Records of Denton County, Texas; said 1.858 acres of land, more or less, being more particularly described by metes and bounds as follows: BEGINNING at the point of intersection of the proposed north right of way line of Loop 288 with the west boundary line of said 10 acre tract; said point bears south 10 02' 55" west a distance of 743.50 feet from the northwest corner thereof; THENCE north 740 40' 26" east a distance of 117.90 feet to a point; THENCE north 600 17' 04" east a distance of 179.34 feet to the point of intersection of said proposed north right of way line with the east boundary line of said 10 acre tract; THENCE south 010 00' 02" west along the said east boundary line a distance of 347.22 feet to a point; THENCE south 790 20' 29" west a distance of 273.20 feet to a point; THENCE north 010 02' 55" east along the west boundary line of said 10 acre tract a distance of 277.69 feet to the place of beginning. 2. The City of Denton is hereby further authorized to pay Hazel K. King as owner of said describeC property, consideration in the amount of $6,499.00 purchase price, plus necessary and reasonable recording fees. 3. This Resolution shall take effect immediately from and after its passage and approval in accordance *,ith the provisions of the Denton City Charter. PASSED AND APPROVED this the 7 day of 1980. IC ARD 0 STEWA T, MAYOR CI OF D NTON, TEXAS ATTEST: BROOKS LT, CITY SEC ETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: C l ~ CITY OF DENTON MAYOR $ CITY COUNCIL COMMUNICATION I DATE: October 7, 1980 SUBJECT: Real Property Acquisition It is recommended that the City Council authorize the purchase of real property (as described below) for the purpose of constructing essential public improvements. NAME OF PROJECT: Loop 288 TYPE OF ACQUISITION: Gene-al Warranty Deed DESCRIPTION OF LAND/LOCATION: Bonnie Brae and Loop 288 SQUARE FEET/ACRES: 1.858 Acres OWNER(S): Hazel K, King I Negotiations have taken place with the owner(s) and owner(s) have accepted the appraisal of the fair market value, as j provided by the State Department of Highway and Public j Transportation, for an amount of $6,499.00 The City of Denton is required to pay recording fees and the j State of Texas will pay the remainder of the closing costs. I ACI YON NEEDED: Approve Resolution purchasing the above described property after reconvening into open session. . ~ . f f `X _.S 'r.... 'F 'v.~ 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 more fully described below; and WHEREAS, the City Council of the City of Denton is of the opinion that the beet 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 owners of said parcel, Edward Barthold, Lee Barthold, Ella Barthold, and Clare B. Lyle, agree that a consideration of $122,519.00 is a fair and agreed value of such described property; National Advertising Company has agreed that the sum of $1,589.00 is a fair and agreed value of such advertising sign; May Advertising Company, Inc. has agcced that the s-.:m of $8,420.00 is a fair and agreed value of such advertising sign; and, Western Outdoor Advertising Company has agreed that the sum of $3,393.00 is a fair and agreed value of such advertising sign. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 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 owners thereof to the State of Texas: Being 11.655 acres of land, more or less, situated in the B.B.S. & C. Railroad Company Survey, Abstract Fo. 141, out of and a part of that certain 112.5-acre tract of land conveyed from E. W. Fritz and wife, Mrs. S. A. Fritz, to A. F. Barthold by deed dated Juno 15, 1917, recorded in Volume 154, Page 82, Deed Records of Denton County, Texas; said 11.655 acres of land being more particularly described by metes and bounds as follows: BEGINNING at the point of intersection of the existing west right of way line of I.H. 35 and the south boundary line of said 112.5-acre tract of land, said point also being South 880 53' 44" West a distance of 3736.31 feet from the A.T.&S.F. Railroad right of way; THENCE North 880 53' 44" West with the south boundary line of Barthold tract for a distance of 42.04 feet to a point in the proposed southerly right of way line of Loop 288; THENCE North 590 15' 18" West with the said propose) right of way line for a distnce of 110.14 feet to a point= THENCE North 890 08' 23" West for a distance of 20.00 feet to a point; THENCE North 790 27' 59" West for a distance of 618.80 feet to a point; THENCE North 000 51' 37" East for a distance of 326.42 feet to a pAnt in the proposed north right of way line of proposed Loop 2881 THENCE North 780 19' 53" East with the said proposed north right of way for a distance of 599.27 feet to a points THENCE South 890 08' 23" East for a distance of 265.00 feet to a point; THENCE North 440 07' 28" East for a distance of 116.73 feet to a point; THENCE North 030 04' 51" West for a distance of. 211.41 feet to a point; THENCE North 020 04' 35" East for a distance of 401.44 feet to a point, said point being in the existing west right of way line of I.H. 35; THENCE SOUTH 020 46' 55" East with the said existing right of way line of I.H. 35 for a distance of 1314.97 feet to the place of beginning. 2. The City of Denton is hereby further authorized to pay Edward Barthold, Lee Barthold, Ella Barthold, and Clare B. Lyle as owners of said described property, consideration in the amount of $122,519.00 purchase price, and to the three advertising sign companies the consideration of $13,402.00, plus recording fees. 3. This Resolution shall take effect immediately from and after its passage and approval in accordance with the provisions of the Denton City Charter. ry. PASSED AND APPROVED this the ~ day of , 1980. *1CARD! 0. STEWA , MAYOR .0/, OZA'o F DE.TON, TEXAS ATTEST: 74-'O~ BEROOW HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMS C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: nry,-jU0,:;o 7 7" V CITY OF DENTON MAYOR $ CITY COUNCIL COMMUNICATION_ DATE: October 7, 1980 SUBJECT: Reil Property Acquisition It is recommended that the City Council authorize the purchase of real property (as described below) for the purpose of constructing essential public improvements. NAME OF PROJECT: Loop 288 TYPE OF ACQUISITION: General Warranty Deed DESCRIPTION OF LAND/LOCATION: I.H. 35 and Loop 288 SQUARE FEET/ACRES: 11.655 Acres OWNER(S): Edward Barthold, Lee Barthold, Ella Barthold, Clare B. Lyle (3 adv. signs--Natl. Advertising Co., May Advertisi-g Co., Western Outdoor Advefti.sing Co.) ;iegotiations have taken place with the owner(s) and owner., have accepted the appraisal of the fair market value, as provided by the State Department of Highway and Public Transportation, for an amount of $135,921.00 The City of Denton is required to pay recording fees and the state of Texas will pay the remainder of the closing costs. ACTION NEEDED: Approve Resolution purchasing the above described property after reconvening into open session. $122,519.00 Bartholds , 8t420 May Adv. 3,393393.00 Western 1,589.00 National $135,921.00 i I ado 6 k ~ ~ p6 9s C ~ ~o,,S 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 more fully described below; and WHEREAS, the City Council of the City if 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, E.D.S. Engineering Corporation agree that a consideration of $115,000.00 is a fair and agreed value of such described property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 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 State of Texas: Being 25.633 acres of land, more or less, and being a part of that certain 257.22 acre tract of land in the Daniel C. Culp Survey, Abstract No. 287, Caswell Carter Survey, Abstract No. 275, and the Samuel M. Williams Survey, Abstract No. 1279 in Denton County, Texas, said 257.22 acre tract being the remainder of a 272.22 acre tract described in a deed from Robert C. Feldman, Trustee to Alex L. Kallay, Trustee, dated Ocrober 9, 1975, recordeul in volume 7610 Page 279, Deed Records of Denton County, Texaat said 25.633 acres of land being more particularly described by metes and bounds as follows; BEGINNING at the point of intersection of the proposed east right of way line of proposed Loop 2Fj and the common boundary line between said 257.22 acre tract and 15 acre tract described in a deed from Kallay to J. A. Frates recordeI in Volume 917, Page 16, Deed Records of Denton County, Texas; said point also being South 870 52' 49" East a distance of 723.48 feet from the southwest corner thereof; THENCE South 870 52' 49" East along the said common boundary line for a distance of 323.18 feet to a po'.tit in the proposed east right of wa;t line of Loop 288, said point in a curve of radius 3939.72 feet and bearing South 490 10' 01" West to the radius point; THENCE along said curve to the right for a distance of 920.92 feet to a point of bearing South 620 33' 36" West to the radius point; THENCE South 240 26' 24" East along sAid proposed right of way line for a distance of 412.38 feet to a point; THENCE South 200 11' 48" East for a distance of 580.05 feet to a point; THENCE: South 100 40' 32" East for a distance of 751.99 feet to a pointy THENCE South 020 42' 32" West for a distance of 730.38 feet to a point; THENCE South 030 27' 44" West for a distance of 471.30 feet to a point in the southerly boundary line of said 257.22 acre traot; THENCE South 690 23' 48" West for a distance of 282.08 feet to a point; THENCE North 070 27' 40" West for a distance of 55.70 feet to a point; THENCE South 890 If)' 46" West for a distance of 145.05 feet to a point in the proposed west right of way line of Loop 288; THENCE North 000 261 58" East along the said proposed right of way line for a distance of 721.66 feet to a point; THENCE South 890 12' 12" East for a distance of 60.00 feet to a point; THENCE North 070 08' 04" East for a distance of 399.85 feet to a point; THENCE North 020 41' 24" West for a distance of 290.50 feet to a point; THENCE North 000 11' 47" East for a distance of 97.50 feet to a soint in a curve of radius 3709.72 feet and bearing South 83 07' 44" West to the radius point; THENCE along the said curve to the left for a distance of 1357.87 feet to a point of bearing South 620 09' 24" West to the radius point; THENCE North 300 57' 27" West for a distance of 581.42 feet to a point in a curve of radius of 3709.72 feet and bearing South 530 331 36" West to the radius point; THENCE along the said curve to the left for a distance of 504.78 feet to a point of bearing South 450 45' 50" West to the radius point and being the point of beginning. 2. The City of Denton is hereby further authorized to pay E.D.S. Engineering Corporation as owner of said described property, consideration in the amount of $115,000.00 purchase price, plus necessary and reasonable recording fees. 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 day of, 1980. C ARD 0. TE ART, MAYOR CM OF DEN ON, TEM7 ATTESTi ~I A- bROOKSr HOLT, CITY SE RETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMI C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTOO, TEXAS 8Yt l ~ CITY OF DENTON MAYOR & CITY COUNCIL COMMUNICATION DATE: October 7, 1980 SUBJECT: Real Property Acquisition It is recommended that the City Council authorize the purchase of real property (as described below) for the purpose of constructing essential public improvements. NAME OF PROJECT: Loop 288 TYPE OF ACQUISITION: General Warranty Deed DESCRIPTION OF LAND/LOCATION: Kings Row and Loop 288 (S.E,C.) SQUARE FEET/ACRES: 25,633 Acres OWNER(S): E.D.S. Engineering Corporation Negotiations have taken place with the owner(s) and owner(s) have accepted the appraisal of the fair market value, as provided by the State Department of Highway and Public Transportation, for an amount of $115,000.00 The City of Denton is required to pay recording fees and the Statr of Texas will pay the remainder of the closing costs. ACTION NEEDED: Approve Resolution purchasing the above described property after reconvening into open session. x+11 1rJ ~Q~tv►A ~ l ~ d ~ 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 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, The Trustees of Electronic Data Systems Corporation Retirement Plan and Trust agree that a consideration of $36,600.00 is a fair and agreed value of such described property; NOW, THEREFORE, HE IT RESOLVED BY THE CITY COUNCIL OF 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 State of Texas: Being 6.724 acres of land, more or less, of which 0.621 of an acre is located in Public Roads (Kings Row and Old North Faad) situated in the Daniel D. Culp Survey, Abstract No. 287, out of a 15.0 acre tract of land conveyed to J. A. Frates by Special Warranty Deed dated June 28, 1978, recorded in Volume 917, Page 16, Deed Records of Denton County, Texas, said 6.724 acres of land being more particularly described by metes and bounds as follows: BEGINNING at a point in the middle of Kings Row Road and nortl? boundary line of said 15.0 acre tract said point being 563.31 -feet North 870 52' 10" West from the northeast corner thereof; THENCE South 020 07' 50" East for a distance of 25.07 feet to a point; THENCE South 180 40' 06" West with the proposed northeast right of way line of proposed Loop 288 a distance of 114.34 feet to a point; THENCE South 470 20' 16" East for a distance of 210.00 feet to a point; THENCE South 550 05' 19" East for a distance of 74.15 feet to a soint on a curve of radius of 3939.72 feet bearing South 42 39' 44" West to the radius point; THENCE along said curve to the right a distance of 447.28 feet to a point of bearing South 490 10' 01" West to the radius point] THENCE North F70 52' 49" West along the south boundary line of said 15.0 acre tract a distance of 323.18 feet to a point in the proposed southwest right of way line of proposed Loop 288, said point also on a curve of radius of 3709.72 feet bearing South 450 45' 50" West to the radius point; THENCE along said curve to the left a distance of 200.83 feet to a point of bearing South 420 39' 44" Pest to the radius points THENCE North 470 20' 16" West along the said proposed southwest right of way line a distance of 283.47 test to a point; THENCE South 870 39' 44" West for a distance of 99.00 feet to a point; THENCE South 420 39' 44" West for a distance of 356.77 feet to a point; THENCE North 780 17' 20" West for a distance of 27.50 feet to a point in the centerline of Old North Road and west boundary line of said 15.0 acre tract of land; THENCE North 110 31' 41" East with said common line of Old North Road and west boundary line for a distance of 583.95 feet to a point, said point being the northwest corner of 15.0 acre tract and at the intersection of the centerline of Old North Road and centerline of Kings Row Road; THENCE South 870 52' 10" East with the centerline of Kings Row Road for a distance of 435.97 feet to the place of beginning. 2. The City of Denton is hereby further authorized to pay The Trustees of Elecronic Data Systems Corporation Retirement Plan and Trust as owner of said described property, consideration in the amount of $36,600.00 purchase price, plus necessary and reasonable recording fees. 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 dAof , 1980. J C ARI'i 0 CIT OF D ATTES BROOKS H LT, CITY S CRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMS C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON; TEXAS BY1 r CITY OF DENTON MAYOR f, CITY COUNCIL COMMUNICATION DATE: October 7, 1980 SUBJECT: Real Property Acquisition It is recommended that the City Council authorize the purchase of real property (as described below) for the purpose of constructing essential public improvements. NAME OF PROJECT: Loop 288 TYPE OF ACQUISITION: General Warranty Deed DESCRIPTION OF LAND/LOCATION: Kings Row and Loop 288 (S.E.C.) SQUARE FEET/ACRES: 6,724 Acres OWNER(S): The Trustees of Electronic Data Systems Corporation Retirement Plan and Trust Negotiations have taken place with the owner(s) and owner(s) have accepted the appraisal of the fair market value, as provided by the State Department of Highway and Public Transportation, for an amount of $36,600,00 The City of Denton is required to pay recording fees and the state of Texas will pay the remainder of the closing costs. ACTION NEEDED: Approve Resolution purchasing the above described property after reconvening into open session. YYYS 10 t r. -b ~ . it ~ , r RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS; SECTION I. The City Manager is hereby authorized and directed to execute for and on behalf of the City of Denton a lease purchase agreement dated October 1, 1980, by and betwean the City of Denton, Texas, and Leon McNatt Auto Leasinc;, a copy of which is attached hereto and made a part hereof. SECTION II. This resolution shall become effective from and after its date of passage. I~ / PASSED AND APPROVED this the 11 " day of 1 fK 1/ 1980. 2A M ) 7J. 1~1 A P 0. S , MAYOKY CIT'N OF DE TON, TEXAS ATTESTt KS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMt C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BYt I I qF r Ic~~ swift THE STATE OF TEXAS RESOLUTION IN APPRECIATION OF COUNTY OF DENTON CONGRESSMAN RAY ROBERTS WHEREAS, the Honorable Ray Roberts has served with distinction as a State Senator in the Texas Legislature and as United States Representative for the Fourth Congressional District of Texas which Includes the City of Denton; and WHEREAS, Congressman Ray Roberts will retire as United Stites Congressman at the end of his current term of office; and WHEREAS, the Mayo- and members of the City Council of the City of Denton desire to express the thanks of the ci"zens of the City of Denton for his assistance in securing the approval of the Aubrey Reservoir Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: The Mayor and each member of the City Council of the City of Denton, Texas, iadividu¢lly and on behalf of the citizens of the City of Denton, Texas, extend to Congressman Ray Roberts our special thanks and appreciation for your many years of public service to the citizens of our City and your District. PASSED AND APPROVED this the 7th day of October, A.D., 1980. ~r 11 R C J~RD O. EWART, AYOR 4.&i RICHARD T A FERR MAYOR -TEM I ' ESN P I j C C11, rc ~ DR. RAY E HENS, COUNCILMAN DWI HT . kO'GAILEY9 UNClLMAN ae 1A.- DR. ROLAND VELA, U00VURMAN S E , COWYCILUAN ATTEST: ROOKS H LT, f Y SECRETARY CITY OF DENT ON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS ~t~J4~ , BY: A T15 ' k e .;a i DENTON SOCCER ASSOCIATION THE STATE OF TEXAS S CONTRACT FOR SERVICES COUNTY OF DENTON S i 1 J J"w This Agreement made this the t+~/ day of 1980, by and between the Denton Soccer Association, hereinafter referred to as the "Association", and the City of Denton, here- inafter referred to as "City", each acting by and through its authorized officials, pursuant to the following terms and conditions: I. City Agrees to pay to the Association the sum of Four Thousand Five Hundred and No/100 ($4,500.00) Dollars and certain fees and charges hereinafter described, for the City's fiscal year 1981. Association shall submit an annual budget to the Denton Parks and Recreation Department for approval which shall set forth on an item by item basis the fees and charges hereinafter described, and the above Four Thousand Five Hundred and No/100 ($4,500.00) Dollars, the Cicy will make one payment to the Association on the lst day of October, 1980, in the amount projected in the annual budget. City shall make such payments solely from current revenues in the budget of the, Parks and Recreat'on Department. Expenditures shall be authorized for a period from October 1, 1980 through September 31, 1981. II. Association agrees to provide the following services: 1. It shall provide qualified Soccer officials for all Youth League Soccer games and special games that are sponsored by the Denton Soccer Association. III. Association agrees to the following additional terms and conditionsi 1. It will establish a separate ban;-, account for deposit and expenditure of funds described herein to avoid any accidential commingling of funds. 2. It will establish, operate, and maintain an account 'y system for this program that will allow for a tracing of funds and a review of the financial status of the program. 3. It will permit authorized officials for the City of Denton to review its books at any time. 4. It will reduce to writing all of its rules, regula- tions, and policies and file a copy with the Director of Parks and Recreation or his authorized representative along with any amendments, additions, or revisions whenever, adopted. 5. It will not enter into any contracts that would encumber the City funds for a period that would extend beyond the term of this Agreement. 6. It will prepare and submit a report of expenditures and revenues to the Director of Parks and Recreation or his repre- sentative by the 1st day of December, 1980 and the 1st day of June, 1981. 7. It will refund the balance of its account except for $15.00 to keep the account open, to the City of Denton on or before June 1, 1981. 8. It will promptly pay all bills when submitted; unless there is a discrepancy in a bill which should be promptly reported to the Director of Parks and Recreation or his auth- orized representative for further direction. 4. It will appoint a representative who will be available to meet with the Director of Parks and Recreation and other City officials when requested. 10. It will indemnify and hold harmless the City from any and all claims and suits arising out of the activities of the Association, its employees, and/or contractors. 11. It will obtain releases from the officials which will release, indemnify and hold harmless the City and the Asso- ciation from any claims, injuries, or demages of the officials. 12. It will retain officials as independent contras:tore and not as employees. Iv. The general terms and conditions are as follows: 1. If any of the terms and conditions are not complied with by the Association, the City is authorized to refuse to make any further payments until the condition on which the complaint is based is corrected to the satisfaction of the City. 2. This contract shall be subject to all valid rules, regulations, and laws applicable thereto as promulgated by the United States of America, State of Texas, or any other govern- mental body or agency having lawful jurisdiction. 3. Association is authorized and should give notices required herr:in to the Director of Parks and Recreation or that person's authorized representative. 4. Am contributions or gifts received by the Association are not subject to the provisions of this contract anc' they should be kept separate and apart from the funds, charges, and fees covered by this contract. 5. Association shall provide its services and be paid by the City in the capacity of an independent contractor and not as an agent or department of the City. It shall have complete control, supervision, and responsibility for its activities under this contract including the hiring, supervision, and control of its employees. IN WITNESS WHEREOF, the parties hereto, acting under authority of their governing body and Board of Directors, have caused this contract to be duly executed in two counterparts, ti each of which will constitute an original, as o'. the day of ti r 1980. 19 I ARD 0. STEWA , MAYOR CI 0:' D NTON, TEXAS i ATTEST: f DENTON ;SC E R A SpCIATION BY- OLT, CITY SECRETARY CHARLES V. RE NER $OF DENTON, N, TEXAS PRESIDENT APPROVED AS TO LEGAL FORMS C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DBNTON, TEXAS $Y: _ i • ~~e ~6~ F OATH OF OFFICE WE DO SOLEMNLY SWEAR THAT WE WILL FAITHFULLY EXECUTE THE DUTIES OF THE OFFICE OF MEMBER OF THE DENTON CITY-COUNTY JOINT AIRPORT ZONING BOARD OF THE CITY OF DENTON AND COUNTY OF DENTON, TEXAS, AND WILL TO THE BEST OF OUR ABILITY PRESERVE, PROTECT, AND DEFEND THE CONSTITUTION AND LAWS OF THE UNITED STATES AND OF THIS STATE; AND WE FURTHERMORE SOLEMNLY SWEAR, THAT WE HAVE NOT DIRECTLY NOR INDIRECTLY PAID, OFFERED, OR PROMISED TO PAY, CONTRIBUTED, NOR PROMISED TO CONTRIBUTE ANY MONEY, CR VALUABLE THING, OR PROMISED ANY PUBLIC OFFICE OR EMPLOYMENT, AS A REWARD FOR THE GIVING OR WITHHOLDING A VOTE AT THE TIME OF OUR APPOINTMENT. SO HELP US GOD. SUBSCRIBED AND SWORN TO BEFORE ME, this the 7 C day of fie- 4 k 1980. BROOKS H LT, CITY SECRETARY CITY OF DENTON, TEXAS I, Brooks Holt, City Secretary of the City of Denton, Texas, hereby certify that this is a true and correct copy of the oath of office of the above as executed before me. Ve__.;e CITY OF DENTON, TEXAS I ~\4 r` ROW A. RODGERS Lone Star Gas Company Morwger, Ce hocf Adm6)4ha6w Indudrld Cws Sales 301 5, Har.c d Street • Dollos, Tems 75701 November 3, 1980 Mr. Bob Nelson City of Denton Municipal Building Denton, Texas 76201 Dear Bob: Attached is your fully executed original copy of the September 18, 1980 Amendment to the November 7, 1977 Gas Sales Contract between Lone Star - and the City of Denton. Your help and assistance in this matter has been greatly appreciated. Sincerely, Robert A. Rodse cdb j - µ~'r A. ODGERS lm;itofian Lone Star Gas Company l bd&ltrial Ga. Sales Adm 301 S. Harwood Street • Daltm, Team 75201 September 18, 1960 City of Dent(n Municipal Building Denton, Texas 76201 Attention: rr• R. E. Nelson Re: Gas Sales Contract Dated November 7, 1977 Gentlenen: In order to clarify the method of determining the appropriate index factor applicabJz to the base price adjustment set forth in the November 1977 Gas Sales Contract between Lone Star and the City of Garland, Lone Star has teau.ered to the City of Garland the proposal that the following paragraph repl+.:e paragraph (2)(c), Article VI, of the referenced contract. Since the referenced pricing language in the Gas Sales Contract is identical to the pricing language in the Gas Sales Contract dated November 7, 1977, between Lone Star and the City of Denton, Lone Star hereby offers the City of Denton the opportunity to agree to delete the existing paragraph (2)(c) of Article VI entitled "Price" and substitute in lieu thereof the following paragraph: "For each Calendar Year subsequent to 1979, an Adjusted Base Price shall be determined by multiplying that portion of the Base Pttce provided for in paragraphs (2)(a), (2)(b), or in this paragraph (2)(c) for the immediately preceding Calendar Year, which is in excess of thirteen cents (13C), by the ratio of the arithmetical average of each month's Producer Price Index for All Commodities, as originally published by the Bureau of Labor Statistics of the United States Department of Labor (BLS), for the immediately preceding Calendar Year to the brithmetical average of each month's Producer Price Index for All Commodities, as originally published by the BLS, for the second preceding Calendar Year, and adding the result thereof back to the thirteen cents (13p). Whenever the Adjusted Base Price so determined is greater than the Base Price shown in paragraphs (2)(a) or (2)(b), the Adjusted Base Price provided for in this paragraph (2)(c) shall constitute the Base Price in effect for that Calendar Year. In the event the BLS changes the base year for the purposes City of Denton Attention: Mr. R. E. Nelson September 18, 1980 C Page two of calculation of the Producer Price Index for All Commodities, the calculations described in this paragraph shall reflect the adjustment in the base period, or in the event the BLS makes any any other changes in the method of calculation of this index, then the calculations described in this paragraph shall be made with the replacement or substituted data the BLS provides which most closely resembles the index specified by this paragraph:" Except as herein modified, changed and amended, all of the terms, provisions, covenants and conditions contained in the above-referenced Gas Sales Contract shall remain in full force and effect. If the foregoing provisions are agreeable to you, please execute the two originals of this Letter Agreement by signing same in the space provided below and returning both copies to this office no later than October 10, 1980. If both copies of the Letter Agreement have not been received by October 10, 1980, Tone Star will deem such inaction as acceptance of Lone Star's previous method of calculating the adjusted base price under the now existing terms and conditions of Article VI, 2(c) of the Gas Sales Contract. Very truly yours, Robert A. Rodgers RAR.cdb AGREED TO AND ACCEPTED this the AGREED TO AND ACCEPTED this the day of Qe-Tv, 1980 s60Y5 day of 1980 gy . City of Dent n, Texas BY Title Title- 71/!:Z #Orr 'B )Fie 0'- "Seller" C' k J V DEPARTMENT OF THE ARMY FORT WORTH DISTRICT. CORPS OF ENGINEERS P. O. BOX 17300 S 76102 ` FORT WORTH. TEXAS REPLY TO ATTYNTION OF. SVFFD-PR 81 NOV 1960 Honorable Richard Stewart Mayor of Denton Municipal Building 215 E. McKinney Dentou, Texas 76201 Dear Mayor Stewart: I am pleased to send you a ccpy of the countersigned "Memorandum of Agreement Between the City of Dallas, Texas and City of Denton, Texas and the United States of America" for maintaining minimum designated streamflows between Aubrey Dam and Lewisville Lake. Yonr cooperation in developing the Memorandum of Agreement is appreciated. Sincerely, C AD 1 Incl "99t J. PALL A As stated Colonel, CE District Engineer FiDIORANDUM OF AGREEMENT Between the City of Dallas, Texas and City of Denton, Texas and the United States of America Statement of Purpose The Aubrey Lake, located on the Llm Fork of the Trinity River, is part of a dual lake system with LewisvI132 Lake located downstream. The dual lake system provides an opportunity to operate the water supply system to satisfy water supply requirements for t' cities of Dallas and Denton, Texas, while concurrently satisfying the secondary purpose of maintaining the stream's natural riparian qualities from Aubrey Dam to Lewisville Lake. This Agreement entered into by and between ':,n. United States of America (hereinafter called the "Government") represented by the District Engineer, Fort Worth District, Corps of Engineers, and the city of Dallas, Texas, and the city of Denton, Texas, (hereinafter called the "Cities") is to maintain minimum designated streamflows through watcc supply operation in the Elm Fork of the Trinity River from Aubrey Dam to Lewisville Lake to maintain the stream's environ- mental quality. A. What the Cities Will Do 1. The Cities will endeavor to request releases of water impounded in the Aubrey Lake in such a manier and o such volume that there will be a continLious minimum outpouring through the conduit into the Elm Fork of the Trinity in accordance with the following seasonal schedule: a. Once deliberate impoundment has begun in Aubrey Lake until the lake is half full, the minimum conservation storage release by the Cities will be determined by the following minimum monthly release formula: (Maximum ob- Minimum Monthly Release a (Monthly rate per following table) X tained storage) Half full storage After the lake reaches half full, and thereafter, the minimum release will average 15 cfs (10 mgd), apportioned to monthly rates as follows: Month CFS MGD Jan 12 S Feb id 12 Mar 30 19 Apr 25 16 May 39 25 Jun 22 14 Jul 6 4 Aug 3 2 Sep 5 3 Month CFS MGD Oct 6 4 Nov 7 5 Dec 7 5 b. Iii case of an extreme drought such that the total storage in both Aubrey and iewisville Lakes becomes depleted to about 300,000 acre feet, with a small part of this storage being in Aubrey Lake, the Cities retain the right to release all the water remaining in Aubrey Lake into Lewisville Lake. After all the water is released from Aubrey Lake, as long as the drought continues, the natural flow of the channel, at Aubrey Dam, will not to impounded in Aubrey Lake, but will be permitted to flow freely down the channel to Lewisville Lake. B. What the Government Will Do 1. The Government will endeavor to operate the release facilities of Aubrey Lake in such a manner that the mininum releases of conservation water, as set forth in Section A abcve, will be of such volume and in such manner that not less than the agreed to minimum flows will be continuous in nature, rather than sporadic or slugged. 2. The Government will also endeavor to release any water impounded in the flood control pool of Aubrey Lake at such rates of increase and decrease that will conform to the natural hydrograph for comparable flows. The volumes that will be released will be in accordance with the project design. C. Further Understanding This Memorandum of Agreement will be effective when signed and will bacome a part of the Water Control Manual. This Memorandum of Agreement will be in effect for the life of the dual la'tie system unless terminated or modified in writing by all parties. Review of the terms of this Memorandum of Agreement may be made at any time by mutual consent of the parties hereto or by either party after 60 days notice of its desire for review. THE CITIES: BY: LZ _ !rector, Dallas Wate Utilities / r DATE: ~.iS, a, A A 0-4, BY: City M a e , D nton ^ DATE: THE UNITED STATES OF AM A: DONALD PALLADINO, Colonel, CE District Engineer Corps of F:ngineecs DATE: 1 ATTEST: The author'_ty for signing of this Memorandum of Agreement by the designated officials is provided by Section 2-51 of the Dallas City Code. BY : XAi'''''7/ OLD City Secretary, Dallas DATE: aC4, 7j JR£'o ATTEST: The signing of this Memorandum of Agreement by the designated officials is authorized by the city code of ordinances. BY: City Secretary, Denton DATE: ~Pf F t ~~~G r ~ ~ 0 o s H M J M n ~ ~ I~ ' ~ SI 1 .4 30 o p !mA m RzIDn D s . z ;$J m O m ri D 'V) r m1 XM 0 Cif Ct,s11 M[T1 .4 ro Ow HE a t~00 D M K 0 r n Lt 0 m m m Y• Fi n GC m n C m n a w 0 n n • 0 0 1\ M w K H 0H m h p M I~D \ ~n5'• r rnt ~G p • • H K7 H 0 O w rr? dg Oo O 104 0 m • fHD co 0 03 0 CL Qq OQ 1143 w m wtryo a 1HD m p rt m n Id a 5 n w m 'Z• G •o H 0 m rt 0 • rt a w O o Fh Opp % µ C O M % m b W m O 'M rHf +O 0 Fµh r f<D f~D m n 00 F, G rt n ~a a M 0 H N 0 H Y Q0 O m M H K r w w co n < co F+• m o o F- ts m H ~ fy 0' - l ICJ L G ~Irp~ G J _ ~ _ ~lJl Ili _ G ❑ O _ - _ rf o v C. 1 1-0 o y NO. 80-7.5 AN ORDINANCE AMENDING CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ADDING THERETO A NEW SECTION 25-77(A) PROVIDING FOR PRO-RATA CHARGES FOR TAPPING MAINS EXTENDED BY THE CITY UNDER AN ENVIRONMENTAL PROTECTION AGENCY GRANT NO. C-48-1188; AND PROVIDING FOR AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: PART I. Chapter 25 of the Code of Ordinances of the City of Denton, Texas, be, and the same is hereby amended by adding a new Section 25-77(A) to Chapter 25 entitled "Section 25-77(A) Pro-Rata Cost Charges for Tapping Mains Extended by the City Under the Environmental Protection Agency Grant No. C-48-1188" reading as follows: Section 25-77(A) Pro-Rata Costs Charges for Tapping Mains Extended by the City Under Environmental Protection Agency Grants. Serer line pro-rata cost charges for tapping mains extended under the Environmental Protection Agency Grant No. C-48-1188, City of Denton Bid No. 8754, Section B, shall be sixty (60) per cent of the City of Denton's twenty-five (25) per cent share of the actual construction costs of said project. PART II. This ordinance shall take effect from and after its date of passage and publication as required by law. PASSED AND APPROVED this / day of 004&V/, 1980. r ~ J,~_ k306? ST T, MAYOR%-w CI OF NTON, TEXAS ATTEST: 1&~oA A49?0000 ROOKS L , CITY SECRETM CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS g{; e ' .-1' ~ s ~ ~ ~ ~ ~ ~ ~ ~ Q ~ R E S 0 L Il T I 0 N i BE IT RESOLVED BY THE CITY COUNCIL OF DENTON, TEXAS: WHEREAS, this Council has been advised that the Texas Gay Association has requested the use of the Civic Center for a statewide Gay Association meeting; and WHEREAS, this Council protests the use of city facilities by the Texas Gay Association; however, we have been advised that the Constitution of the United States authorizes the use of such facilities by such an organization. We abhor such activity in Denton, Texas; and WHEREAS, we request the City Attorney to review the policies of the City of Denton on leasing city facilities to the same or similar organization in the future. PASSED AND APPROVED this the 'day of 1980. cI /,9 RI R H. TAL A F_ MAYOR PRO-fEM CITY OF DENTON, TEXAS ATTE T: A ETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY., F ~ °p'~ ~ ~ GP r_ J ~ Hr ~ \ > NO 0 11 n z b 0-4 ~ z r7l v ~1Ct~V PaEE r 4~ THE STATE OF TEXAS X X KNOW ALL M BY TIMSE PREMITS COL "MY OF LETLDDN DEED RECORDS .,9.`-)72 THAT WE, JUNCTION 288 PARTNER, TEVIS TAYLOR, MANAGING PARTIE RS, for and in consideration of the sun of one dollar ($1.00) cash to us in hand paid by the City of Denton, Texas, a municipal corporation of the County of Denton, State of Texas, the receipt of which is hereby acknowledged, and other good and valuable consideration including the benefits that will acctve to our property, do hereby GIVE, CaM T and EXTEND to the said City of Denton, Texas, its sucossors and assigns, the right to construct, reconstruct and perpetually maintain a elec- tric xailsinission power line and appurtenances in, upon and across the following tract of land. All that certain lot, tract or parcel of land situated in Denton County, Texas, in the M.E.P. and P.R.R. Co. Survey, Abstract No. 1469 and the William Lloyd Syrvey, Abstract No. 774 and being part f a tract deededtD Junction 288 Partners recorded in Volume 647, page 152 of the Deed Records of Denton County, Texas and being, more particularly described as follows: r EEGINNING, at a point North 4 degrees 04 minutes 40 seconds East 257.2 feet from the most Southerly southeast oorner of said Partner tract said point being in the west line of a tract owned by the City of Denton; THENCE North 87 degrees West 19.5 feet to an angle point; THENCE North 57 degrees West 1491.6 feet to an argle point; THENCE South 65 degrees 11 minutes 30 seconds West 516.2 feet to a point on the east R.O.W. of Loop 288; TELUM North 1 degree 22 minutes 40 seconds East with said R.O.W. 78.0 feet; THENCE North 65 degrees, 11 minutes 30 seconds East 444.9 feet to an angle point; THENCE North 57 degrees West 41.4 feet to an angle point; I THENCE North 65 degrees 11 minutes 30 seconds East 75.5 feet to an angle point; TH2ICE South 57 degrees East 41.4 feet to an angle point; TH24CE North 65 degrees 11 minutes 30 seconds East 41.4 feet to an angle point; THENCE South 57 degrees Fast 823 feet to an angle point; THENCE South 65 degrees 11 minutes 30 seconds West 41.4 feet tc an angle point, THENCE South 57 degrees East 1428.7 feet to an angle point; THFM South 87 depXees East 2.1 feet to a poir.' in the west line of said City of Denton tract; T ME South 4 degrees 04 minutes 40 seconds West 70.0 feet to the point of beginning and containing 3.390 acres. TO HAVE XID TO HOLD, all and singular, the privileges aforesaid to it, the said City of amton, Texas, its successors and assigns forever, together with the right and privilege, at any and all tires to enter.- said premises or any part thereof, for the purpose of constrixting, reconstructing and perpetually maintaining said electric transmission power line together with necessary appurtenances, and for making connections there- with; all upon the condition that the City of Denton, Texas, will at all times, after doing any work in connection with the construction, reconstruction or repair of said electric transmission parer line restore said premises as nearly as possible to the condition in which same were fond before such work was undertaken, including repair of all fences that m'.ght be disturbed or damaged in perforndng said work, and further upon the condition that in the use of the aforesaid rig', is aitd privileges herein granted, the City of Denton, Texas will not create a nuisance or any act that will be detrimental to said pre nises an?- that said tract will not be used by said City of Denton, Texas for any other purpose, under this grant, except as herein provided. WIIWM OUR MMS this t 5 t- day of o c.z o tit. 1980. Junction 2M Partners By _ 1 LTV ~J ge ~ Taylor Tartner r~~E 74"1 ADDENDUM NUMBER ONE '4241 [AGE 7411 For and inadditiou to the consideration herein ex- pressed, Grantee agrees to the following provisions: 1. Grantee will clean up and remove from the sur- face of the land all rocks ai.d other debris re- sulting from public utilities installation which is large enough in size to interfere with a trac- tor and mower operation in mowing the pasture land. 2. Grantee agrees to waive all costs for one sewer tap to an existing sower line in the event of future development of the property. Said tap shall be of appropriate size to develop property. 3. Grantee agrees to waive all costs for one water tap to an existing water main in the event of future development of the property. Said tap shall be of appropriate size to develop property. APPROVED: R.E. Nelson Director of Utilities evie Tay or General Partner of Junction 288 Partnership THE STATE OF TEXAS COUNTY OF DENTON Before me, the undersigned authority, on this day personally appeared Tevis Taylor known to me to be the person whose name is subscribed to the foregoing instru- ment, and acknowledged to me that (she) (4*4&4 has executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office on this time the IS day of October , A.D. 1980 6~ X 11 'Yd Notary Publ c in and for`` I~.:7C4.✓ County,,g6A .vc~~1041 race 7~~ r, in r' M O` Irt 1 w o t:j G 000 (D 00 :s. I b l V N 0 0) f° N rt M N 61AMOF TF1<AS COUNTY Of OENION I COUNTY CLERK, Denton Count', Acfa I lWr*y corliq (hat this inslromenl wn tit d on INf flale and lime stamped neicon by ft ar'd Ira. bly rf• pOrded In the roiuma and Para of I* Wars.') wads of Donlon County, Terus as sla.ni" P.t;"d IN n a. 11T 161981 i Wo [ALINQr" C!".,tyai+s! e s * . i , STATE OF TEXAS COUNTY OFDENTON AGREEMENT FOR PROFESSIONAL SERVICES PART 1. PARTIES TO AGREEMENT This contract and agreement is made by and for the City of Denton, Texas, hereinafter referred to as the City, and PLANERGY, Inc. of Austin, Texas, hereinafter referred to as the Consultant. The parties agree generally and separately to the obligations expressed in this contract, and to the completion of the tasks as delineated. PART H. SCOPE OF SERVICES The Consultant is hereby retained to provide the following services to the City relative to the State of Texas Comprehensive Community Energy Management Program (CCEMP} Task I - Develop the Work Plan. Consultant will draft the City's work plan In consultation with the City, and provide for review and cornment on the City's work plan as required and described by the State's Request for Proposal for the CCEMP. Following review and comment, Consultant will finalize. Task 2 - Conduct the Community-Wide Energy Audit. Utilizing the worksheets and methodologies provided in the three-volume "H:ttman Methodology," Consultant will complete all necessary energy audit forms contained In Volume III, or provide explanation as to the use of any alternative forms or methodologies. The City will provide local data collection in the manner regiested by the Consultant. Consultant's Involvement in local data collection will be limited to the following: 1. Assimilation and correlation of all data collected. 2. Completion of all forms. 3. Development of, and responsibility for the accuracy of, all data and changes In methodology. 4. On-site limited verification audits (to consist of building size, energy use and type of fuel, and type of facility) of various types of structures in the City. The on-site verification audits will be uied to supplement other audit results available from previous and on-going audit programs already underway In the City. No more than 100 such audits will be required of the Consultant, and the City may elect to provide other new audits as necessary for the purpose of testing the Hittman Methodology. Task 3 - Develop Issues, Needs and Objectives. Consultant will work with the CCEMP Director and Manager in the City to develop a manageable and thorough process to develop energy issues, needs, objectives and goals for the City. The City will conduct the program, once developed, principally through a newly-created Energy Management Task Force. Consultant will attend Task Force meetings and will compile in written form the results and findings of the Task Force. Task 4 - Determine Alternative Strata ides. The Task Force will develop alternative strategies to meet the Issues, needs, etc. identified In Task 3. Consultant will prepare these into a report that Includes a popularized version of the Issues and alternative actions for public release to elicit citizen input. Task S - Pre a the Draft Action Plan. Based on Task Force, public and staff comment on the issues an strategies, Consultant will formulate a draft actlon plan for presentation to the public In an open hearing (or hearings). Documents such as the City's "Power Supply Study" and a recent Texas Municipal Power Agency (TMPA) load forecast will be usn 3 In plan preparation. Task 6 - Finalize Am~tlon Plan for Council Action. Consultant will participate in the public hearings and vAll finalize the Action Plan based on the results of the hearing and further study by City CCEMP staff, PART III. DELIVERABLES Consultant will provide five (S) spiral bound copies of all final reports/findings in each task. Prior to preparation of the final task reports, three (3) draft copies will be provided to the City for review and comment. PART IV. SCHEDULE Tte- following schedule shall be adhered to: Product Deadline Final Workplan September 30 1980 Energy Audit December 31, 1980 Needs, Issues, Objectives February 28, 1981 Alternative Strategies April 30, 1981 Draft Action Plan June 30, 1981 Final Action Plan August 3l, 1981 City Council Action August 31, 1981 Final Report September 15, 1981 This contract shall be effective September I, 1980, and continue through September 30, 1981. PART V. COMPENSATION For services rendered, the City shall pay the Consultant a sum not to exceed Twenty-Four Thousand dollars ($24,000). Payment shall be for staff services, travel and approved expenditures for printing and long distance telephone. The Consultant will provide a minimum of 630 hours of professional staff time to the project. Payment shall be made upon receipt of monthly bills. PART VI. INSPECTION AND MONITORING The Consultant shall permit the City to inspect and shall make available to the City for inspection any or all pertinent records, files, Information or other written material pertaining to the operation of programs and expenditure of funds maintained by Consultant. The Consultant further agrees to maintain all such records for a period of three years and make available same to the City for purposes of audit. The Consultant further agrees that the City may carry out monitoring and evaluation activities to Insure adl; rence by the Consultant to the work program which is the subject of this contract. PART VII. COPYRIGHT AND ACKNOWLEDGEMENT The Consultant will not assert any rights at common law or In equity or establish any claim to statutory copyright to any material or information developed under this contract, and the City shall have the right to use, reproduce and publish any or all of such Information and other materials without the necessity of obtaining any permission from the Consultant and without expense or charge. All reports and other materials completed as a result of this contract shall carry an appropriate acknowledgement of the City support on the front cover or title page of such document and other materials. Any further usage by Consultant of materials developed under contract herein shall be subject to prior approval by the City. PART Vill. TERMINATION Either party to this contract shall have the right, in such party's sole discretion and such party's sole option, to terminate and bring to an end all performances to be rendered under this contract by notifying the other party In writing of such termination at least 30 days prior to the effective date of termination. Upon termination, the Consultant shall cancel, withdraw or otherwise terminate, any outstanding orders or subcontracts which relate to the performance of this contract and shall otherwise cease to Incur costs hereurider. In no event shall the City be liable to the Consultant cr Consultant's creditors for expenses incurred after the termination date. PART 1X. AMENDMENT AND CHANGES Any alternation, addition, or deletion to the terms of this contract shall be by amendment hereto in writing and executed by both parties hereto on or before the proposed effective date of said amendment. PART X. ASSURANCES The Consultant assures that no person shall, on the grounds of race, creed, color, handicap, national origin, sex, political affiliation or beliefs, be excluded from, be denied the benefit of, or be subjected to discrimination under any program or activity funded in whole or In part under this agreement or otherwise under the Consultants. Incorporated by reference the same as If specifically written herein are rules, regulations and all other requirements Imposed by law, including but not limited to compliance with those pertinent rules and regulations of the State of Texas and those of United States agency providing funds to the State of Texas. PART )a. FUNDING It is expressly understood and agreed by the parties hereto that all performances on the part of the City are contingent upon actual receipt by the City of sufficient and adequate funds from the Texas Energy and Natural Resources Advisory Council (TENRAC). Having agreed tot t rms herein, the Parties do hereby execute this contract this /;Z day of 6w , 1980. CITY OF DENTON PLANERGY, INC. G. hr s H fungi W ne W Brown City Manager President i ~ • it X/ w \s ~I i THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A101 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 7977 EDITION THIS POCLAIENT HAS WFORrANT LEGAI CONSMUMCFS; CONSULTAIIO,V WITH AN ATTORNEY IS ENCOURACIFLI WIT1f RESPECT TO ITS COMPLET10N OR MODIFICATION Use only with the 1971 Edition of AIA Document A201, General Conditions of the Contract for Construction. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the seventeenth (17th) day of October in the year of Nineteen Hundred and Eighty (1980) BETWEEN the Owner: The City of Denton Denton, Texas and the Contractor: Luther Hill IS Assoc., Inc. 14290 Gil'.is , P.O. Box 30306 Dallas, Texas 75234 The Project; City of Denton Service Center Complex Denton, Texas The Architect: James R. Kirkpatrick, Architect Suite 518 - First State Bank Bldg. Denton, Texas The Owner and the Contractor agree a$ set forth below. Cnpyright 1915, 1918, 1925, 1937, 1931, 1958, 1961, 1961, 1%7, 1971, ® 1977 by the American In.titute of Architects, 1775 New York Ascnue, IN W., Washington, D. C. 20006, Reproduc+ion of the material herein or substantial quotation of its provisions j without permission of the AIA violates the copyright laws of the United c, '.es and will be subject to legal prosecution. I AIA VOCUNENT A101 . 04%N'ER-CONTRACTOR AGREEMENT a ELEVENTH EDITION . JUNE 1977 a AIAt ClR77 a THE AMERICAN INSTITUTE Of ARCHITECTS, 1715 NEW YORK AVE., N.W., LVASIIIN'GION, D. C. - - ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, the Conditions of the Contract (General, Supplementary and other Conditions), the Drawings, the Specifications, all Addenda issued prior to and all Modifications issued after exe- cution of this Agreement. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 7. ARTICLE 2 THE WORK The Contractor shall perform all the Work required by the Contract Documents for (Here insert the raprron descriptive of the Work as used on aAer Contract Documents.) The construction of the City of Denton, Service Center Complex, Denton, Texas. ARTICLE 3 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The Work to be performed under this Contract shall be commenced as set forth in the Notice to Proceed and, subject to authorized adjustments, Substantial Completion shall be achieved not later than 360 Calendar Days from time of commencement. (Here insert any specraf provisrons for hquidafed damages relating to failure to compfefe on time For each and every calendar day the Works or any portion thereof, shall retain incomplete after the completion date, as set forth in the Notice to Proceed, Two Hundred Fifty Dollars ($250.00) per day shall be deducted from the money due or to becol)e due Co the Contractor as agreed liquidated damages. AIA DOCUMENT A111 * OWNER-CONTRACTOR AGREEMENT 0 ELEVENTH EDITION a JUNE 1977 - AIM 01977 a THE AMERICAN INSTITUTE OF ARCHITECTS, 17:5 NEW YORK AVE., N.W„ WASHINGTON, 0. C. 2M A101.19" 2 ARTICLE 4 CONTRACT SUM The Owner shall pay the Contractor in current funds for the performance of the Work, subject to additions and deductions by Change Order as provided in the Contract Documents, the Contract Sum of Two Million One Hundred Sixteen Thousand Five Hundred and nu/100 Dollars ($2,116,500.00) The Contract Sum is determined as follows: (State here the bale bid or other rump sum amount, accepted alternates, and unit prices, As applicable,) Base Bid ---------------------------$1,765,000.00 Bid Item 2 351,500.00 $2,116,500.00 I I I I I I ~ ARTICLE 5 I PROGRESS PAYMENTS Based upon App!ications for Payment submitted to the Architect by the Contractor and Certificates for Payment Issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Crmtractor as pro- vided in the Contract Documents for the period ending the tenth (10th) day of the r,lonth as follows: Not later than ten (10) days following the end of the period covered by the Application for Payment ninety percent ( 90 of the portion of the Contract Sum properlyy allocable to labor, materials and equipment incorporated in the Work and ninety percent ( 90 of the portion of the Contract Sum properly allocable to materials and equipment suitably stored at the site or at some other location agreed upon in writing, for the period covered by the Application for Payment, less the aggregate of previous payments made by the Owner; and upon Substantial Ccmpletion of the entire Work, a sum sufficient to increase the total payments to l ninety-five percent ( 95 of the Contract Sum, less such amounts as the Architect shall determine for all incomplete Work and unsettled claims as provided in the Contract Documents. d1 nor covered ersewhere In the Can vicl Documonb, here insert any provision for Ifmltina or reducing the antounI retafned alter the Work teach to A c (ta)n stage if comple(100.1 Payments due and unpaid under d-2 Contract Documents shall bear interest from the date payment Is due at the rate entered below, or in the absence Oereof, at the legal rate prevailing at the place of the Project. (Here wea any rate of interest agreed upon) Lsury laws And requirements under the Federal Truth in Lending Act, slmrfor state and local consumer credit laws and other regubtions At the Owner's and Contrufori principal p4us or business, the imairon of the hoiecl and e13ewhere mayy Affect the validity of thb provision, Specfl;c legal advice should be oblarned wlA respect to deletion, modification, or other requrremenu such at writlen drsclosura or waivers.) AIA DOCU,AENT A101 a OWNFR-CONTRACTOR AGREEMENT A ELEVENTH EDITION a JUNE 1977 A AIM ID1977 0 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 A101.197f 3 ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor when the Work has been cor,tpleted, the Contract fully performed, and a final Certificate for Payment has been issued by the Architect. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions. 7.2 The Contract Documents, which constitute the entire agreement between the Owner and the Contractor, are listed in Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: Riot below the Agreement, the Conditiont of the Contract (Ceneraf, Supplementary, and other Conditions), the Drawings, the Specirrrations, and any Addenda and accepted ithernaw, showing page or sheet number to art user and dater where applicabte,) A. Owner-Contractor Agreement (June 1977 - ALA Document A101) B. Contractor's Bid for Lump Sum Contract (dated 25 September 1480) C. General Conditions of the Contract for Construction (August 1916 - Document A201) D. Supplementary General Conditions E. Performance Bond F. Payment Bond G, Technical Specifications H. Drawing Sheets A-1 thru A-24, S-1 thru S-14, ME1, M2 thru M17, E2 thru E9 Dated August, 1980. I. Addendum No. 1 dated 18 September 1980 J. Addendum No. 2 dated 22 September 1980 This Agreement entered into as of the day and year first written above. OWNER CONTRACTOR CITY OF DENTON LUTHER HILL 6 ASSOC., INC. 14290 Gillis P.Q. Box 340306 Denton, Texas 76201 Dallas, Texas 75234 ATf~srT AIA DOCUMENT A1111 a OWNER-CONTRACTOR AGREEMENT a ELEVENTH EDITION a ItaNf 1977 a AIM 01977'• THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, 0. C, 2MM A101.1977 4 4 ! °'71 5~~c Certificate of 3n~urance arTer r Y .a This is tm ratify that the polity or policies, subject to the terms thereof, designated below by number and providing the hind of insurance set forth opposite such number, have bwn issued by the Company and are In force at this date. The insurance afforded im only with respect to much and so many of the kind, of insurance as are ledleabd by limits of liability, aspiration data, and polity number. tf cancelled at the request of either party r c an In any manner for any reason during the periods of coverage, as stated herein, so as to affect this certideatt, THIRTY ~30 !!AYS prior written notice will be given by this company. This Certificate replaces any other previously issued by thla Company or thin Insured. NAME AND ADDRESS Of INSUEED DATED January 3n, 19R1 I, Luther Hill R Associates, Inc. • P.O. Box 340306 • Dallas, Texas 75234 f • L J TYPE OP INSURANCE POLICY EFFECTIVE EXPIRATION LIMITS Of IIASrltrY r1UM611c DATE DATE WOIgMEN'S COMPENSATION I° esmlerwenee wlrA CemmNnwfien Low EMPLOYER'S tlASil11Y of tit Stela of 5WC138502 1/8/81 1/A/P2 Cov.ASldrtary TEXAS Ca.. s. s 3 no 006 Cessprehem,l"General 5500 00n Comhined Sin le Li it tiebiltly 6GA12942P 1/8/81 1/8/82 s Each Occurremce sedill letury 3 Aggresois Pr*aa fs S rack Occumtmre Cenfvtkemsive Control s As ca b Oletrotlems 1"1k11'ry 6GA129428 1/R/81 1 /P/82 s A es ate PMIG41i•4 ►+operh Deviate s A yet dale Iraductr S Ararapara Camlrorltat Cases rthanrive s 0,000 tech Perwm ANemobile Isodt3y laiuryl 6SA129429 ..1/8/81 1/8/82 s 500,000 each Ortunence eearthet,ivo 6GA129429 .1 /R/81 1 /8/P2 100,000 each oceuntmce Auten,elelo (Proper Dam,a t} UMBRELLA LIABILITY 5XS13018P 1/8/P1 1/P/P2 $10,000,000 Occurr/Aggregat RE: Service Center Complex This Certificate of Insurance ndlfier affirmatively not npalivaly emends, *stands, or oilers Me Coverage aflarded by Ilie policy listed in INS Certificate. Traders & General Insurance Company »ttscrenrlurr IS ISSUED At THE IEOtrESr or, *Houston General Insurance Company I ~ 1C..Mm,t City of Denton THE MILLS COMPANY • 215 F. McKinney 800 One Main Place • Denton, Texas 76201 Dallas, Texas 11250 0 Attn: John J. Marshall, Purchasing Agent Rudulph Mills, Jr. >3y G~~t~~U Bond No. 512EO074 STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION, 1959 KNOW ALL MEN BY THESE PRESENTS, that Luther Hill c Assoc., Inc. (hereinafter called the Principal(s), as Principal(s), and The Travelers Indemnity Company (hereinafter called the Surety(s), as Sirety(s), are held and firmly bound unto City,of Denton, Texas (hereinafter called the Obligee), in the amount of Two Hill Ion One Hundred Sixteen Thousand Five Hundred ar,J No/100 Dollars 2,116,500.00 ) for the payment whereof, the said Principal and Surety bind themselves, and theirheirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with 17 da of October 19 80 , to the Obligee, dated the y construct Denton Service Center Complex which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOMMI that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, Regular Session, 1,959, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the Bare extent as if it were copie at length herein. IN WITIMSS 1•I1-iREOF, the said Principal(s) and Surety(s) have signed and 20 October 19 80 , sealed this instrunent this day of Luther Hill E Assoc., In f. B 11CIPAL (PRINCIPAL) The Travelers Indemnity Company CO3PORATE/ SURETY NyI l e ti r c. J klaine Simpson Attcrn y-in-Fact , D I n I U I Uri I Y i 1 1111 r " % I D V J Y U A J U.n IN 1 I V J1 r% I I L L L J J V V OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE. 56TH LEGISLATURE, REGULAR SESSION, 1959 Bond No, 512E0074 KNOW ALL MEN BY THESE PRESENTS, THAT, Luther Hill & Assoc,, Inc. (hereinafter called the Principal), as Principal, and_ The Travelers Indemnity Comoanv a corporation organized and existing under the laws of the State of Connecticut _ with its principal office in the City of Hartford (hereinafter called the Surety), as Surety, are held and firmly bound unto r City of Denton Texas (hereinafter called the Obligee, in the amount of Two Hillior One Hundred Sixteen Thousand Five Hundred and No/100 Dollars 2,116,500.00 ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, suc- cessors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Ob- ligee, dated the 17 day of October P 19 80 , to construct Denton Service Center Complex which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and materials to him or a sub- contractor in the prosecution of the work provided for in said contract, then, this ob- ligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is a PaymeW Bond executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, 1959, and all liabilities on this bond to all such claimants shall be determined in accordance with the provisions of said Article to the same extent as if It were copied at length herein. IN WITN^SS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 29' day of October , 19 80 Luther Hill 6 Assoc., Inc, (Principal) B (Title) The Travelers lndemnity Company (Surety) , ttoWey-in- Fact Elaine Simpson a~ The Travelers Indemnity Company Hartford, Connecticut POWER OF ATTORNEY KNOB' ALL MEN BY THESE PRESENTS: / That THE TRAVELERS INDEMNITY COMPANY, a corporation of the State of Connecticut, does hereby make, constitute and appoint 'Rudulph Mills, Jr., Curtis B. Roberte, Elaine Sir-a,son, Cheryl A. Brodaski, all of Dallas, Texas, EACH its true and lawful Attorney(s)-in-Fact, with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof, as follows: Any and all bonds, undertakinge, recognizancee, consents of surety or other written obligations in the nature thereof and to bind THE TRAVELERS INDEMNITY COMPANY thereby, and all of the acts of said Attorney(s). in-Fact, pursuant to these presents, are hereby ratified and confirmed. This appointrieilt is made under and by authority of the following by-laws of the Company which by-laws are now in full force and eflxt: ARTICLE IV, SECTION 14. The Chairman of the Ruud, the President. the Chairmon of the Finance Committee, am- Executive Vice Prbident, an), Senior Vice F'res;denl, any Tice Pre,ident, any Second Vice President, the Department Secreuri- rnav appoint at!ornecs-in-foct or agent, with poxer and Corporate Seretary or fin au thont)•, as defined or limited in their re,penirr poxrrsuf attorney, fur and un cash: 1f of the Company toe.ecute and deliver,and affix the seal of the Compan thereto, bond, undertakings, recognizames, consents of nurety or other ar;tten obligations in the nature thereof and any of said officers may reninve nny such attorney-in-fact or agent and revoke the power and authority given to him. ARTICLE IV, SECTION 16. An)- bond, nndertoking, recognizance, coweat of surety or written obligation in the nature thereof shall be valid and binding upon the Compan y when signed by the 'Chairman of the Board, the President, the Chairman of the Finance Comrrnitiee, any Executive Vice President, nnc Scu;ur Vice President, any Vice President or any Second Vice I're,ident and duly ntteeted and sealed, fa xal is reyu;ied, by the Cur. ppoosteSecreuryoranyDepartment Secretaryoran AssistantCorpnrate$ecretaryoran A,sntantDepartrneot Secretar} or shall be 1:alid and binding upon the Company when del y ex.:cuted and sealed, if a !sal is required, by a duly authorized attorney-in-fact or agent, porsmant to and within the limitb of the authority granted by his or her power of attorney. This power of attorney is signed and scaled by facsimile under and by the authority of the following Resolu- tion adopted by the Directors of THE TRAULERS INDEMNITY COMPANY at a meeting duly called and held on dte 30th day of November, 1959: VOTED: That the signature of anv officer authorized by the By-Laws and the Company seal may be affixed by facsimile to anv power of attorney or special power of atiornev or certification of either given for the execution of any bond, undertaking, iecognitane- nr other written obligation in the nature thereof; such signature and seal, when w used being heiebv adopted u the Company as the original signature of such officer and the original seat of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. This power of attorney revokes that dated December 5, 1978 on behalf of Rudulph Millen Jr., Curtis B. Roberts, Elaine Simpson IN WITNESS WHEREOF, THE TRAVELERS INDEMNITY COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 9th day Of, may 19 79 THE TRAVELERS INDEMNITY COMPANY o tµnrAf,y Syr,,,, ,,r'}.t Secretary, Surety t State of Connecticut, County of Hartford-ss: On this 9th day of May in the year 1979 before me personally come D. J. Nash to we known, who, being by me duly sworn, did depose and say: that he resides in the State of Connecticut; that he is Secretary (Surety) of THE TRAVELERS INDEMNITY COMPANY, the corporation described in and which executed the above Instrument; that he knows the seal of said corporation; that the sebl affixed to said Instrument Is such corporate seal; that it was to affixed by authority of his office under the by-laws of said corporation, and that he signed his name thereto by like authority. >A" y J*/`' "16 D. Set 9 Nq~y~r.., s &ry Public ti. My commission expires 'April 1, 1963 COhNECr . (Over) 1. 1049 Rev. 447& hinted let VA.,1. . Saar-sasr a~r~ mEd CERTIFICATION 1, Paul D. Tubach, Assistant Secretary (Surety) of THE TRAVELERS INDEMNITY COMPANY, certify that the foregoing power of attorney, the above quoted Sections 14. and 16. of Article IV of the By-Laws and the Resolution of the Board of Directors of November 34, 1959 have not been abridged or revoked and are now in full force and effect. Signed and Sealed at Hartford, Connecticut, this day of CY`~'19 ~N~FMH. C~cz. e V. AIL W : n.; { S E A L. or Assistant Secretary, Surety 51669 (BACK) . n n, c, R z THE MILLS COMPANY 'Sym6ot q'Srndtr' 800 ONE MAIN PLACE DALLA9, TEXAS 76250 AREA CODE 114 661.1 t00 r ` rue ION BEN SPURGIN INSURANCE AGENCY 7471 Cf C)AN SPN 1-, O 5 A Y IN I IE FIRE r AUTOMOBILE o CASUALTY BLINDS TELEPHONE 214,747-1551 I',%t ( A i1 XA{) 752(11 September 11, 1980 City of Denton City Hall Denton, Texas 76201 Re: J. F. Zimmerman & Sons, Inc. 931 N. Industrial Blvd. Dallas, Tx 75207 Gentlemen: Enclosed is Continuation Certificate to be attached to Bond AR7110295. This Certificate continues our Principal's $1,000 Sign Bond to October 18, 1983. We trust the enclosure will allow you to issue Permits as requested by our Principal. Yours very trul C.r~1 2l~L~t, ~tr~ Eli beth Scott ES: Enc. cc: J. F. Zimmerman & Sons, Inc. Attention: Mrs. King V 0 a O n n^. m xO v > L 0 G n O m 0 7 r z P 7 a n > ''O m S 3 O Om o O - O .aG L rz M 0 L) D 0 rt P Q T >z r z no D r~ G d p O Y r r T> N; N r~ = 0 o m c m 171 0 3> o n 70 V N r P m vv Z• k o a~D a z < F° 8 a O iii N K D n E7 3 -n 0 V. r, w' m xz 1Z D c LID O 7 CCD ^ tD y M v [•(7 r Z r m zm pp n (D r a' n v c^ v < n LI 3 - 3 w D C n< T r y c 0. 3 3 p C t o A r 6c> D < v O z n+ 0 J o n ° m =r ID O c ~m ro~ m C 3 D ~ J m y < ~ < _3 O 3 C7 C Z 0 m n n 0 ~ r f of 3 m o N t M m n T 3 j C y W m z Z -c n CD xx > > a a C7 t' m m rr, v c m . y > Y O" n .4 N c m2r TD(,1 ~O z!-0 o O? m 0 c lb L r m e• 3 ZI n m fD O',cu C: FAT, m > SSSDOrP Q 0 F. ~ m O ? I/.N= o Ox1)n me m i 7 7 S •17I i 9=OZD Z2 r r ` Dym;r -40 z 2 x Q N QI' 0~ 40 .4 Win S C n C m 2 0 01 cO co O I~It 'i ti SsmNz 02 a O . c C MC A Dncom a • a a 'J r F -0> A 2 mmZ C -w r 02>n DZO 61 n CD rx vmnn 3. a0 Znn0 r~ X TN < v=i udi Gn Z <;0 m 00 ;D Or < °DD<rot K _J a m D (Certificate of 3ngurance BlD NO, WO RrTad orfw-. s. This 1, in certify that the policy or politise, subJeet to %s terms thereof..deslgatad below by number and providing t'ie kind of ineurnnce set forth opposite ouch number, have been Issued ay the Company and its In force at this data. The Ipeurance afforded is only with reepnt to such and eo many of the kinds of insurance as am indicated by limits of liability, expiration date, and policy number. If rnncelled at the request of eilluty#VY tSU) bJ n~sd_it~any manner for any reason during the periods of coverage. as stated herein, so as to affect this Certificate, lHltt l Y l 11F1Y5 prior written notice will be given by We company. We Certificate replaces ony ether previously Issued ►y this Company for this Ensorad. NAME AND ADDIISS OF INSURID DATED October 20, 1990 • Luther Hill $ Associates, Inc. P.O. Box 34306 • Dallas, Texas 75234 4_ J "PI OF INSURANCI POLICY EFIKTIVE EIIIRATIOe/ NUMSII' OA" DATE ISMITS OF IIAMITY WORKMIN'S COMFENSAltON In teatamnence Wilk Compenw+ies taw a IMIlOY1R'S LIA1I1VT7 hP 252 65 92 1/8/80 1/8/81 Cov o1 the stets of TEXAS Coe. A S/elulory Cos. 1, { 100 600 Comprshend•e General t olil4ty LP 271 69 95 1/8/80 1/8/81 t 500,000 [ark oceurre4re /odtty Injury { 5000000 Apgrepete Isoduth { 1;0.000 leek Oeearrenee Comprekaneivs Genaret LP 271 69 95 1/8/80 1/8/81 { 1000000 A ,e ale O►ersllens lio►ilily { 100,000 Aggregate ►rolo6os Properly DemaRe C 100,000 A _pe de ►peduds { 100,000 A pre e4 Centrodued Comprsho4sive I► 2501000 1111th 101104 ANaw,s►Ile f1„diy lolory) LP 271 69 95 1/8/80 1/8/81 { 500,000 Isek oeeune4te ea,npree Aulsmob;lo obile Res M Dsmna e LP 271 69 95 1/8/80 11/8/81 { 100,000 Issh oetunente *Umbrella Liability SYS 11 66 79 1/8/80 1/8/81 $5,000,000 Aggregate RE: Service Center Complex This Ctelificale of Irnuronce nellhat olfetmotlvsiy not nogot:voly amends, aabedt, or ollerl IM Coveroge ellorded by the policy listed in Ihit Cert;kow Associated Indemnity Corporation INIS CIRfIFICATI 11 ISSUED AT INI RIOUIST Of. *liouston General Insurance Company fCe.F+■rf as City of Denton • 215 r,. McKinney THE MILLS COMPANY _ • Denton, Texas 76201 800 One Meln Place Attn: John J. Marshall, Purchasin. Agent Dallas, Texas 75250 1_ y A s l INDEPENDENT CONTRACTOR'S AGREEMENT THE STATE OF TEXAS ( KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON ) The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager, and Mrs. Ruth Monschke, hereinafter called Contractor, hereby mutually agree as follows: 1. SERVICES TO BE PERFORMED: City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following services: A. Attend a full day training session on interviewing. B. Perform ten Oral History Interviews, including all preparatory research and contacts. C. Indexing of the tape. 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: I A. Amount of Payment for Services: $150.00 upon completion of all services. I B. Dates of Payments: Payment will be made within 14 days of completion of all services performed. 3. SUPERVISION AND CONTROL BY CITY: It is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 4. SOURCE OF FUNDS_ All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purl-uses in the Budget of the City of Denton. S. SERVICES AND SUPPLIES FO BE FURNISHED BY CITY: City agrees to furnish to Contractor the following services and/or supplies: 1. Reel to Reel Tapes 2. Tape Record 6. INSURANCE: Contractor shall provide at his own cost and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of. Contractor's business. 7. CANCELLATION: City reserves the right to cancel this Agreement at any time by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 8. TERM OF CONTRACT: This Agreement shall commence on the 3nth day of August, 1980, and end on the 12th day of December, 1980. EXECUTED this the J day of 1980. CITY OF DENTON, TEXA CITY MAVR' ATTEST: , WMGKS HOLT9 CITY SECRETARY APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY BY: RUTH MONSCHKE, CONTRACTOR That Mrs. Joella Orr, is hereby designated as the person to administer the provision of this a reeme t. U Fl \c Y4 bF r4 F 6< ~r X-Ftlo 040"aws Co DOW, THE STATE OF TLXASvoi1042 mu 564 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTGN ) THAT DONALD W. JOHNSON DEED RECORDS 304GG of Denton County, Texas , in consideration of the sum of One Dollar ($1.00) and no/100--------••---and other good and valuable consideration in hand paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by these presents grant, bargain, sell and convey unto to the City of Denton, Texas , the free and uninterrupted use, liberty and privilege of the pas.mge in, along, upon and across the following described property, owned by him . Situated in Denton County, Texas, in the M. Yoachum Survey, Abstract No. 1442 All that certain lot, tract or parcel of land situated in the M. Yoachum Survey, Abstract No. 1442 Denton County, Texas; said tract being part of a tract shown by deed to Don Johnson and recorded in Volume 528, page 374 of the Deed Records of Denton County, Tcxas, and part of a tract shown by deed to Don Johnson and recorded in Volume 548, page 164 of the Deed Records of Denton County, Texas and being more particularly described as follows: BEGINNING, for the northwest corner of the tract being described herein at a point South 88 degrees 24 minutes East 115.7 feet from the north- west corner of the Johnson tract recorded in Volume 6481page 164, said beginning point being 30.0 west of the centerline of an existing power line; THENCE South 88 degrees 24 minutes East 60.0 feet to a point 30.0 feet east of said centerline; THENCE South 1 degrees 35 minutes 30 seconds West parallel with and 30.0 feet east of said centerline 867.2 feet to a point on the North R.O.W. of McKinney Street; THENCE North 83 degrees 27 minutes 10 seconds West with said R.O.W. 60.2 feet to a point 30.0 feet west of said centerline: THENCE North 1 degree 35 minutes 20 seconds East parallel with and 30.0 feet west of said centerline 862.0 feet to the point of beginning and containing 1.191 acres. And it Is further agreed that the said C i t y 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. Forthepurpossof constructing, reconstructing, installing, repairing and perpetually main."?ining Electric Transmission Power Line 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;ppresentatives having Ingress, egress, and regress in, along upon and across said piemiscs for the purppsd1of making ddilions to, Improvements on and repairs to the said Electric TranaAisdi~ P erl~ne any part thereof. TO HAVE AND TO 1i0~1'n id City of Denton, Texas as aforesaid fur the purposes aforesa~th~~poolY:A/fs~d described. Witness hanA , thld 4he 7,0 day o~ C3 4W , A. D. - o o nepn voJ042 i•~G5 SINGLE ACKNOWLEDGMENT VOL1042 vAGE 566 THE STATE OF TEXAS, l DENTON r BEFORE ME, the undersigned authority, COUNTY OF in and for said County, Texas, or tw*4V crsona11 appeared Donalt W. Johnson known to me to he the p SqD wh name f subscribed to the foregoing instrument, and acknowledged to me that he ~executetiihe' an th to o; s ay(~ consideration therein expressed. GIVEN UNDER~MY~IfAN AN SEA Of OFFICE, This (~c W'day of ....ti A.D 19 It .S.) Ce\\., J,y X~~ . ~ fs ?c C~1cC_ Notary Public, .....~EL1ah~._ County, Texas 1hI~ or flEt,mtt My Commission Expirca June 1, 19. ' tier:~~~~•e ' SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, I BEFORE ME, the undersigned authority, COUNTY OF In and for said County, Texas, on this day personally appeared . known to me to be the persun - whose name.. subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This _.day A.D. 19 (L.S.) Notary Public, County, Texas Div fommfaslon F,xpires June 1, 19 CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS, 1 BEFORE ME, the undersigned authority, COUNTY OF. j in and for Bald County, Texan, on this dry personally appeared knrµm to nu to be the person and r4Tccr whose name ii subscribed to the f,,rayri,,g to;trumcat and acknowledged to the tent the gimme was the art of t~e said a corporation, and that he exceutcl the s.rme no the Pct of such corporation for the pnrp,s:s and consideration therein expressed, and in the eap,icdty thereln stnted. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This, day of A.D. 19 (L.S.) - - Notary Public, . County, Texas My Commission Expires June 1, 19.._.. CLERK'S CERTIFICATE THE STATE OF TEXAS, County COUNTY OF 1,........_.. Clerk of the =ounty Court of sold County, do hereby certffy that the foregoing instrument of writing dated on the day of A. D. 19 with its Cel&j&te of Authenlicallon, tins filed for record in my oMee on the day of 1 pF R. 17 l90 t~a^~t at o'clock M., and duly Ot)lRM CLERK, 1)sctanACa~n Texe1 Est Ins(ruaen f o'clock M., in the d Ya?4Md sA11 recor ed this. day oon pages tit h1i th0 YLId~~1' Ito a na•ov r~=d record WITNESS MY HAND AND SEAL OF Tii [fid OOIM8eP4r65 unl p~1ce in . ,dh~4l9~ N S'eerlast abgN ~t~ritteen. DCT21_ Orlyc,Y cqyntpClck......,.,..!11.!~~~., ................._....._County,Texas. (L 9.) qe'` lsY.1.f.J_'t_` ,....r~.:.....J...........r Deputy. e Co. I CUUR CL K. D$ n Crunty}ter i $C ..Wyr $ s+ u I jam` a a. l 0 H a ~.'C PP f o, n I C 'X31 )~!J' » d o,I: o ro~ CW o u ~ Ou ~ t7 be km ~ ~ wN . A i K EY b b o a A No. Po- 76 AN ORDINANCE DESIGNATING POLLING PLACES FOR CITY ELECTIONS; PROVIDING FOR POLLING PLACE IN EACH SINGLE MEMBER ELECTION DISTRICT AND FOR CITY WIDE ELECTIONS; AND PROVIDING FOR AN EFFECTIVE DATE; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, WHEREAS, the City Council has heretofore created four single member geographic election districts for the election of a councilperson from each single member district under the provisions of Section 2.01(d) of Article II of the Charter of the City of Denton; and WHEREAS, it is necc;sary that the City Council designate polling places for each single member district; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I_ The polling places in each single member district are hereby designated as follows: A. Single Member District No. 1 polling place shall be at: American Legion Hall, 629 Lakey Street. B. Single Member District No. 2 polling place shall be at: Trinity Presbyterian Church, 2200 Bell Avenue. C. Single Member District No. 3 polling place shall be at: North Lakes Recreation Center, 2001 West Windsor Drive, D. Single Member District Nc. 4 polling place shall be at: Denia Park Recreation Center, 1001 Parvin. SECTION II. In City Wide Elections, such as Bond Elections, the City Council may designate the Civic Center, East McKinney Street, as the only polling place or designate the above single member districts as the polling places for such elections. SECTION III. This ordinance shall become effective from and after its date of assage; and all ordinances in conflict herewith are hereby repealed. / PASSED AND APPROVED this the pVS; day of daE , 1980. i nw6 CIT OF DE TON, TEXAS ATTEST: BR00 OLT, T S RETTARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: kA M lz (N o No. $0 r AN ORDINANCE PROVIDING THAT THE EAST 16 FEET OF CERTAIN LOTS IN THE REPLAT OF MEADOW OAKS ADDITION HERETOFORE DEDICATED AS A PUBLIC UTILITY EASEMENT BE VACATED, AND ABANDONED; AND PROVIDING THAT THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY. WHEREAS, the City Council of the City of Denton, Texas, has been requested by the owners of certain property to vacate, and abandon that portion of hereinafter described tract of land as public utility easements; and WHEREAS, the City Council of the City of Denton, Texas, is of the opinion that the best interest and welfare of the public will be served by vacating, and abandoning, the hereinafter described tract of land as public utility easements; NOW, THEREFORE: TJE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That the following described tract of land situated in Denton County, Texas: 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 Surveyy, Abstract No. SS, and being part of Lots No. 1, 2, 3, 4, S, 6, and 7, Block 6, and Lots 1 through 4, Block B of the replat of Lots 1 through 14, Block 6, and Lots 1 through 4, Block 8 of the Meadow Oaks addition, an addition to the city and county of Denton, as recorded in Cabinet B, page 131 of the Plat records of Denton County, Texas, and more particularly described as follows: Tract I Being the east 16 feet of said Lots 1, 2, 3, 4, S, 6, and 7, Block 6, and being 429.22 feet, more or less, in length and containing 6894.19 square feet of land more or less; Tract II Being the east 16 feet of said Lots 1 and 2, Block 8, and being 126.4 feet, more or less, in length and containing 2018.SS square feet of land, more or less. is hereby abandoned and permanently vacated as a public utility easement of any kind of character forever. SECTION 11. That the easement over that portion of said property herein described is hereby released and will revert to the owner or owners of the land as provided by law. SECTION III, That portion o the public easement herein described being vacated, abandoned and closed is made subject to all existing zoning regulations and deed restrictions, if any, and subject to all existing easement rights of others, if any, whether apparent or not. SECTION IV_ This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. PASSED AND APPROVED by the City Council of the City of Denton, Texas, this the day of A"r 1980, u 1'~PJ&A&W.,. L CIT OF DE TON, TEXAS ATTEST: ~-ZIZIVZ64r BROOKS LWL'r,- CITY SECRETARY CITY 0 DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY : G •C-:t67~U ELUX:DEEU-7KM Siia[r:7.ilal. aol_S4i.'«9oi~`e.Jttliv~lx'imm4 - . --hURTI4?4"' 0.y,r.~ltas., ~ ,T'II1. S'I'MQF7`LXh.~ _ : _ r - KNOW A14L MEN BY THESE PRESENTS:. COUNTY OF Denton JJJ Tho the City of 1)rtntr'ii Trx.a thinicip:i1. cnor(n of the Comity of I) on ion And aiAe of 'texas , for r,nrl in corisideustion of the sum of DOLLARS, One Dollar ($1.00) and no/100 to it in hared paid by John S. Meade, Mesa Ilomes, Inc., D.C. Walston and 1 T .Richard Allen E of the County of Denton and State of Texas , the receipt of which i is hereby acknowledged, do, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER QUIT CLAIM unto the said J0t• 1 Mo;tLie I ileun liomes l rec. , D. C. llaIStoll to d T. Richard Allen their heirs and assigns, all its right title and interest in and to that certain tract or par. cel of land lying in the County of Denton and State of Tec3s, described as follows, to-wit: All that certain lot, tract or parcel of land lying and being situated in the city and county of Denton, state of Texas, and being part of the: J. Brock Survey, Abstract No% 55, and being part of Lots no. 1,2,3,E+,5,6, and 7 Block 6 and Lots no.l and 2 Blo(.k 8 of the replat of Lots 1 through 14 Block 6 and Lots 1 through 4 Block 8 of the Meadow Oaks addition, an addition to the city and county of Denton, as recorded in Cabinet B page 131 of the Plat records of Denton County, Texas and more particular)y described as follow:;; I{ Tract 1 Being the east 16 feet of said lots 1,2,3,4,5,6, and 7 Block 6 and being 429.22 feet, more or less, in length and containing 6894.19 square feet of land more or less; Tract II Being the east 16 feet of :aid lots 1 and 2 Block 8 and being 126,4 feet, more or less, in length and containing 2018 55 square feet of land, more or less. I TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privi- leges and appurtenances thereto in any manner belonging unto the said John S. Meade, Mesa ~i Homes Inc., D.C. Walston and T. Richard Allen their heirs and assigns, forever, so that neither the said City of Denton, Texas, its successors Tsar-------heir, nor any person or persons claiming under it shall, at any time hereafter, have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part there- of. WITNESS hand at this 1 a / day of A. D. 194'0 on,. Qxa3_ Witnesses at Requ to Grantor. _Citec Al des t_..' v.. -yam -tl _ St , ayo j SINGLE ACHNOWLI:DGIIE\'T THE, STATE O TEXAS, COUNTY OF Denton BEFOREAIF,theundersignedauthority, itl and for said!lounty, Tcxns, on lhis e.ay personally appeared . R ichard 0...Stel•lart ,_.I:ayor Of . the. City of Denton, Tex, 3 kno•am to me to be tha p,rsvn a h„sc nuu.a /4 sub:c,lh, d to the for(l;oinr; instrument, and acknowledged to me that he executed the same f,n- the I:urpn=es and c n=71, r:dl"n therein expre.-ed. n r G14LN UYT)ER 111" HAND AND SPAT, OF OFF'lt'F, This % day of prc~>Y!z , A.D. 19 ~c Notary Public, /71C.?~ County, Texas A1y Commission Expires June 1, 19..'q9 JOINT ACKNOWLEDGMENT THE STATE. OF TEXAS, 1 BEFORE ASE, the undersigned authority, COU14TY OF ))f in and for said County, Tcxus, on this dny- p•-rsr.;ml!y a ppcarc l his wife, hrrth known to we to I,c the persons n hole ram,es are subscribed to the b,rc going instrument, and ncknowlrrdged to me that they each executed the same for the purposes and , or;=idr ration therein expressed, and the said Bite of the s: id having been examined by me privily and apart from ber husband, and Favinl; the snore fully explainerl to her, she, the said ackrmvled ed sueh instrument to be her act and deist and she declarer) that she had willirgly Signed the same for the pu:poscS act cansidcration therein expressed, and that she did not wish to retract it. GIVEN UNIIF11 MY IIAND AND SEAT, OF l1FFiCI:, This day of A.D. 19 (L.S.) \ot,u}- 1'ublir, .......................County, Texas My Commission Expires June 1, 19. WIFE'S SEPAIME ACKNOWLEDGMENT THE STATE OF TEXAS 1 J I;F:E'ORE 1IE, the undersigned authority, COUNTY OP In and for ,aid County, Texas, on this day pers,nnlly- appcarc l r, f,. of knn,cct to tr,e to be ll e pct-'-on •w hose n: rt, is rt^bcd tr, th . f ,t :a;rr instrument, null having been examined by rte privily and npart from her husband, wA having the same fully v\p1%inrii to fret, she, the said m knovrled cd a.rch instrument to be her act an,l deed, and Ale decla.re•I that she hod wiTrply sil;ned the s:nne for the p i po'. s and conA,lvrilicn therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFTCII,This d;,y of A.D. 19 Notnt•y Public, ....County, Texas My Commissicn Y„rires June 1, 19..._ CLERK'S CERTIFICATE WE STATE: OF TEXAS, ~ I, County . . COUNTY OF. Clerk of the CwWy Court of said County-, do hereby errtify that the foregoing instrument of writing dated on the . _ _ . day of A. 1). 19, uith its Uertirw4Ae of Authcntica ion, wars riled for recerd In my office on the day of A. 19, nt o'rleck _ A1., and duty r'ecurdrv this day of A. D. 19 , at o'clock 1I., in the R.rnrdy of said County, in Volume on rages.,.. INlT*1'SS 11Y HAND AND 6E:1L 0P THE COUN'i F 1'013RT of sa:d Cow ty, at tMice in the day and year ]list aboro c:rittcu. County Clerk County, Tcxns. (L. S.) Ity Ucpidy. ell 0 • w 8 ro' ~ r-t ti ~ d i m i ! Hi a? 0 b ~ a~ a i n~ g.1 ~ 0 1 0 11; n r yr; ~ 'U r1 f i t l yam. U B w 4))': y0~ W 4 ~i3o, C U .0 I c .'E i ~ ~~VI Ut ti 3 [ I b P 0 00 V • . NO. 8A - '7 'J - PE.ED HkD~-. ; Jt G44 AN ORDINANCE PROVIDING THAT THE EAST 16 FEET OF CERTAIN LOTS IN THE REPLAT OF MEADOW OAKS ADDITION HliRETOFORE DEDICATED AS A PUBLIC UTILITY EASEMENT BE VACATED, AND ABANDONED; AND PROVIDING THAT THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY. WHEREP.S, the City Council of the City of Denton, Texas, has been requested by the owners of certain property to vacate, and abandon that portion of hereinafter described tract of land as public utility easements; and WHEREAS, the City Council of the City of Denton, Texas, is cf the opinion that the best interc.L and welfare of the public will be served by vacating, and abandoning, the hereinafter described tract of land as public utility easements; NOW, THEREFORE: THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That the following described tract of land situated in Denton County, Texas: All that certain lot, tract or parcel of land lying and being situated in the city and county of Denron, state of Texas, and being part of the J. Brock Survey, Abstract No. SS, and being part of Lots No. 1, 20 31 4, S, 6, and 7, Block o, and Lots 1 through 4, Block 8 of the replat of Lots 1 through 14, Block 6, and Lots I through 4, Block 8 of tho Meadow Oaks addition, an addition to the city and county of Denton, as recorded in Cabinet B, page 131 of the Plat records of Denton County, Texas, and more particularly described as ' follows: Tract I Being the east 16 feet of said Lots 1, 2, 3, 4, 5, 6, and 7, Block G, and being 429.22 feet, more or less, in length and containing 6594.19 square feet of land mor-- or less; Ti act I l Being the east 16 feet of said Lots 1 and 2, Block 8, and being 126.4 feet, more or less, in length and containing 2018.55 square feet of land, more or less. Is hereby abandoned and permanently vacated as a public utility easement of any ;rind of character forever. SECTION II. That the easement over that portion of said property herein described is hereby released and will revert to the owner or owners of the land as provided by law. V0404 PACE 311' SECTION III. V01 1044-FAGE312 That portion of the public easement herein described being vacated, abandoned and closed is mad-- subject to all existing zoning regulations and deed restrictions, if any, and subject to all existing easement rights of others, if any, whether apparent or not. SECTION IV. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained, PASSED AND APPROVED by the City Council of the City of Denton, Texas, this the c!ay of 1980. 2 N,ll RICH D . Th CITY VF DE TON, TEXAS }fir} i ``.1 l ♦ r X F DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: Ll-k - . . /r I ~ I1t1}I} Ir 0 :G IN I c 1.10 0-.1 v. s s 7 I~i Y on ~i ti \ 1 O i N T ^y n . ~ o THE STATE Or TEXAS 9 r 1 KAOW ALL MEN BY Y T fESE PRESENTS: COUNTY OF DENTON THAT CAPSYN LIMITED #128 W942 of Denton County, Texas , in consideration of the sum of One Dollar and no/100 ($1.00) and other good and valuable consideration in hand paid by The City of Denton receipt of which is hereby acknowledged, do by these presents grant, bargain, sell and convey unto to The City of Denton , 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 Gideon Walker Survey, Hbstract No. 1330 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 GIDEON WALKER Survey, Abstract no. 1330, and also being part of a tract of land as conveyed from CAPITAL SYNDICATION COMPANY INVESTMENT 11128 to CAPSYN LIMITED 11128 by Warranty Deed dated 12-4-75 and recorded in Volume 767, Page 197 of the Deed Records of Denton County, Texas, and more particularly described as follows: COMMENCING at the Northwest corner of said CAPSYN Tract, same being the Northwest of the Gideon Walker Survey Abstract 1330, said point lying in Mayhill Road; THENCE South 040 49' 37" West along the West boundary line of said CAPSYN Tract, a distance of 291.97 feet; THENCE South 850 29' 03" East a distance of 18.99 feet to the point of beginning; THENCE North 040 49' 37" East a distance of 50.0 feet to a point for a corner; THENCE South 850 29' 03" East a distance of 116.04 feet to the beginning ~f a curve to the right, having a central angle of 350 23' 44"; tangent of 107.977 feet, and a radius of 338.382 feet; THENCE Southeasterly along said curve to the right, a distance of 209.042 feet to the beginning of a curve to the left, having a central angle of 350 30' 27", tangent of 91.995 feet, and a radius of 287.328 feet; THENCE Southeasterly along said curve to the left, a distance of 178.064 feet to a point; THENCE South 850 35' 46" East a distance of 921.91 feet to the beginning of a curve to the right whose center bears South 550 35' 46" East a distance of 50.0 feet, a central angle of 3000 00' 0" and a radius of 50.0 feet; THENCE along said curve a distance of 261.80 feet to a point for a corner; THENCE North 850 35' 46" West a distance of 921.91 feet to the beginning of a curve to the right, haying a central angle of 350 30' 27", tangent of 108,004', and a radius of 337.328'; THENCE Northwesterly along said curve to the right, a distance of 209.05 feet, to the beginning of a curve to the left having a central angle of 350 23' 44", tangent of 92.022 feet, and a radius of 288.382 { feet; THENCE Northwesterly along said curve to the left, a distance i of 178.153 feet to a point; THENCE North 850 29' 03" West a distance of 116,42 feet to the place of beginning and containing 1.811 acres of land more or less. in, along, upon ana across said premises, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen end 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 rtw~ hand , this the jarJAay of October , A. D. 1980 CAPSYN LIMITED NO. 128' BY: - ~,q43 ~~z$1 SINGLE ACKNOWLEDGMENT '1404045 FACE282 THE STATE OF TE'ASP ~ BEFORE DIE, the undersigned authority, COUNTY 01' 1)sllR'. and for said County, Texas, on this day personally appeared `\n`r ~.._G.--&-- - - - knmrn to ppe'trf`ptdljy on whose name suhscribed to the foregoing .nsttument,• and acknowledged to me that V~l xccutc ie for the purposes and consideration therein expressed. EN VNI)EIi bf&oll ND AND SEAL OF OFFICE, This . iAday of A.D Notary Public, ~~e>~~-St 52 County, Texas My Commission Expires June 1, 19`2,j 6A0-1%9 SINGLE ACKNOWLEDGMENT THE : BEFORE ME, the undersigned authority, COUNTY OF in and for :aid County, Texas, on this day personally appeared _ known to me to be the person _.whose name suhscri!1e11 to tLe foregoing instrument, and acknowledged to me that __..he.._. executed the same for the purposes and consideration therein expressed. GIVEN UNDER DIY HAND AND SEAL OF OFFICE,, This day of A.D. 19 L.S. I Notary Public, _ .County, Texas Dlv r'omrnissinn F.xpfres June 1, 19 CORPORATION ACKNOWLEDGMENT THE STATE OF TEAS, l J IsEFORF. ?SE, the•undersigned authority, COUNTY OF. in and for said County, Texas, on this day personally appeared . _ known to me to be lAc person and officer whose name is subscribed to the ft,irgoing in-Atimcnt acd acknowledged to rae that same was the art of the said a corporation, and tl,nt he ccwcuted the Same as the net of such corporation for the purpraes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of . A.D. 19 _ (L.S.) Notary Public, County, Texas DIy Commission Expires June 1, 19 CLEIMq N rrx.115 OF IFICATFt,,. C THE STATE OF TEXAS, awyfY OLUK,.Oentop,CM*, Ysa1....:.A , County COUNTY OF. I t 4-,01 eerbfy that this Instrument was filed OII 1% di 1 Clerk of the County Court of said Cou•aty, do be s 4R~i'?6t~u p~ a otgfhe'4lfl{t~~d~lh,at of writing dated on the day of........... _.0.. IoQQ_ Ie,;'refit ~~$4, Authentication, was filed for record in my office on the_....._.,....stay of__ OCT211M-- at_..,..- o'clock M., and duly recorded this day of r. t4 ; A. D. 19 , at o'clock . M., in the _ u (n V on pages.._ WITNESS DIY HAND ANT) SEAL OF THE C OURT of 'd ,unty, a - the day and year last above written. I CwNrl' Unix nmton o py, t, County Clerk_ _ _ County, Texas. (L S.) By Deputy, ef~ Dai I H ~'o'i ~ ° o, Y. i A a V fa $ 6 tg I 0 j N Hj ; ? ao'' all- i I ~ yy ~ p po Fri. 0 M W a i m\R\ y 13) 031 G ° INDEPENDENT CONTRACTOR'S AGREEMENT , THE STATE OF TEXAS ( COUNTY OF DENTON ) KNOW ALL MEN BY THESE PRESENTS: The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager, and Jane Jagoe Stabile, hereinafter called Contractor, hereby mutually agree as follows: 1. SERVICES TO BE PERFORMED: City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following services: A. Attend a full day training session on interviewing. B. Perform ten Oral History Inteiviews, including all preparatory research and contacts. C. Indexing of the tape. 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: A. Amount of Payment for Services: $150.00 upon completion of all services. B. Dates of Payments: Payment will be made within 14 days of completion of all services performed. 3. SUPERVISION AND CONTROL BY CITY: It is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall nat be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 4. SOURCE OF FUNDS: All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. 5. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City agrees to furnish to Contractor the following services and/or supplies: 1. Reel to Reel Tapes 2. Tape Record 6. INSURANCE: Contractor shall provide at his own cost and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 7. CANCELLATION: City reserves the right to cancel this Agreement at any time by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 8. TERM OF CONTRACT: This Agreement shall commence on the 30th day of August, 1980, and end on the 12th day of December, 1980. EXECUTED this the I( day of /)L1,~- , 1980. CITY OF DENTON, TEXAS /11yARAT1'8`iiG -CITY 4MIAiNdGER aR , ATTEST: BROKI H , CITY-SECRETARY APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY BY: JANE JAGOE STABILE,, CONTRACTOR That Mrs. Joella Orr, is hereby designated as the person to administer the provision of this reeme SAT / A * r 1 cril 1, NVL eNp ALL, I'E.S, 01 0.r,[IY CIRVILLE NP.AL INSURANCE. AG", CY, INC. COMPANIES AFFORDING COVERAGES 3610 Linden Avenue - - Fort Worth, Texas 76107 A Hartford Casualty Insurance Company B New York Underwriters Ins. Co. NAME ANC'. n%F. ~c 1 One Way Service, Inc. P. 0. Box 14129 Fort Worth, Texas 76117 lrr,. p _ TISSt':. 11 1,1 I r.rran 11.: •.r r t 11 1 I•,]a 1 1 1 r 'St rh -ye ec;!. term or conII.Non UI v y c,., 1,1 cl ] , ! 11 1. 1 I9 M t ePr r~ Ly the R t f >w1 I-I IS sUniect to all the tcllf S f.C 5 5 a'd G J[ 5 C~ 5 [ r 'S - _ limi.ls l U at` In Thou sandi(00b~ L;r [ rNtRAL unu+l Irr 460443148 10 -26-81 300 M $ 0 s 100 Ch r l`I.ryr i1-erde pnrrl I Y ~N, r r; rr Hl r, e,A ,GF 1 1 BEMA` IL11rv ouru err f1,14,NFEf pcVAfE NrIPLNDEN '.TF-,, rpr', Le,'0gAL INJUP, : 300 AUTOMOBILE LIABILITY n f~ILN INJURY A] 460443148 10-25-81 t o Ii rL I I ~so E,;ILr II,UB' F 4EII Ar U''NAT D ANE U 500 IA~ C ~C7 II RF I4rrRE., f [ AAIArIj, T 100 riQr'I[ V ;y EIIRI [VU pU hON OY.'NIT, PROPE PT, LAVLGC S EXCIl LIABILITY ROfI'L Y IN„VR. ANU O UVBRF LLA FORM PRO°CRrY DAMAr,E S 3 OTHEP THAN U`AB;4jl l VMBMED FORM WORAERS'COMPENSATION sIArU, rrr B Err1AL0YEandLiAB3LITY 46WB605127 10-26-81 P 100 ;N n., ~blFn OTHER DESCRIPTION OF OPEPATIOrISAOCATIONSVIHICIFS erFalion date thereof, 1h,, ISSUIng com, Caneellatior: Should any of the at uve dex ILFd pohncs l c,lnr Ilnd berore 11.0 parry voll endsavor I~ ma+l - _ deyS wrllten nn r, trT II ~ Ixlor: n',n nd rerlili(atehol rF, but failure to mail such I l c t i n 9 , h a l l m Ipo,e ro t f>Ila~~horl or IIa61lr:y o - I r-ri I upon 11-e cornpany- Ne+AF A No ApfIRF SS 01 C L I If L A T F I liq DER October 17 1980 City of Benton GAiE I$SUfO City Secretary Denton, Texas A111 IVR17CU R[PFtEST Ni AI ;YF A:.VAL 19 (I 751 ~ r f . A NO. J AN ORDINANCE BY THE CITY OF DENTON, TEXAS, DETERMINING AND ESTABLISHING THE MAXIMUM PRIMA FACIE SPEED LIMIT ON WINDSOR DRIVE FROM HINKLE TO 800 FEET EAST OF BONNIE BRAE TO BE TWENTY (20) MILES PER HOUR: PROVIDING A PENALTY OF NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00): PROVIDING A SEVERABILITY CLAUSE: AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DBNTON HEREBY ORDAINS: SECTION I. Based upon an engineering and traffic investigation, the City Council hereby determines that the reasonable and safe prima facie maximum speed limit on Windsor Drive from Hinkle to 800 feet east of Bonnie Brae is twenty (20) miles per hour. SECTION II. An individual adjudged guilty of exceeding this speed limit, shall be guilty of a misdemeanor, and punished by a fine not to exceed Two Hundred Dollars ($200.00). SECTION III. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdicition, such holding shall not affect the validity of the remaining portions of this ordinance, and the Citv Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any invalidity. SECTION IV. That this ordinance shall become effective fourteen (14) t' days from the date of its passage, and the City Sccretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the"~day of , A. D. 1980. AYb1F- CIT OF DE TON, TEXAS ATTEST;. CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR,, CITY ATTORNEY CITY OF DENTON; TEXAS B ~old M ` 0 ` 1} O J ~d i • . ORDINANCE NO. 80 _q AN ORDIN'NCE PROHIBITING THE PARKING OF VEHICLES UPON PUBLIC STREETS IN THE CITY OF DENTON, TEXAS: PROVIDING FOR SIGNS GIVING NOTICE OF NO PARKING ZONES: PROVIDING FOR UNRESTRICTED PARKING LOCATIONS: PROVIDING FOR REMOVAL OF VEHICLES PARKED IN NO PARKING ZONES: PROVIDING A SEVERABILITY CLAUSE: PROVIDING A PENALTY OF NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF TH,; CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION I. When signs are erected and in place giving notice that a location is a no parking zone, no person shall park a vehicle at any time upon any of the following streets or parts of streets in the City of Denton, Texas, to-wit: Bell Avenue - From Texas to University Drive Oakland - From Texas to Locust. SECTION II. The provisions of Section I prohibiting the parking of vehicles shall apply at all times to the streets and parts of streets designated therein excopt when it is necessary to stop a vehicle to avoid conflict with other traffic or in complian:e c with the direction of a police officer or official traffic-control device on those streetse and portion of streets listed in Section I where there are no signs erected and in place give notice that a location is a no parking zone, the parking regulation for such locations shall be unrestricted parking. SECTION III. Any vehicle found parked in a no parking zone in violation of the provisions of Section I shall be removed from the public street by any police officer and taken to the designated location maintained by the police department for such purpose and kept until application for redemption is made by the owner or agent pursuant to Section 24-131 of the code of ordinances of the City of Denton. SECTION IV. Any person adjudged guilty of parking a vehicle in violation of this ordinance shall be guilty of a misdemeanor and punished by a fine not to exceed Two Hundred Dollars ($200.00). SECTION V. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the reni,; InIng _portions of this ordinance, and the City Council of the Co./ ofDenton, Texas, hereby declares it would hsve enacted such remaining portions despite any such invalidity. All ordinances in conflict herewith are hereby repealed. SECTION III. Any vehicle found parked in a no parking zone in violation of the provisions of Section I shall be removed from the public street by any police officer and taken to the designated location maintained 11 the police department for such purpose and kept until application for redemption is made by the owner or agent pursuant +o Section 24-131 of the code of ordinances of the City of Denton. SECTION IV. Any person adjudged guilty of parking a vehicle in violation of this ordinance shall be guilty of a misdemeanor and punished by a fine not to exceed Two hundred Dollars ($200.00). SECTION V. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. All ordinances in conflict herewith are hereby repealed. SECTION VI. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record- Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. A PASSED AND APPROVED this the p-1day of 1980. f IT OF DE TON, TEXAS ATTEST: 0 KS HOLT, CITY i'ARY CITY OF DENTON, TEXAS APPROVED AS 'TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: _ ~ ~ ~ , r r lac ~~r q, u i ORDINANCE NO. AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES UPON PUBLIC STREETS IN THE CITY OF DENTON, TEXAS: PROVIDING FOR SIGNS GIVING NOTICE OF NO PARKING ZONES: PROVIDING FOR UNRESTRICTED PARKING LOCATIONS: PROVIDING FOR REMOVAL OF VEHICLES PAL~RRKED IN NO PARKING ZONES: PROVIDING A SEVERABILITY CLAUSE: PROVIDING A PEN1LTY OF NOT TO EXCEED TWO HUNDRED DOLLARS: AND DECLARING AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. When signs are erected and in place giving notice that a location is a no parking zone, no person shall park a vehicle at any time upon any of the following streets or parts of streets in the City of Denton, Texas, to-wit: Eagle Drive - From I-35E Service Road to Welch Maple - From Avenue D to Welch Highland - From Avenue E to Welch Prairie - From Avenue A to Welch Chestnut - From Avenue E to Avenue C and from Avenua A to Welch Edwards - From Avenue E to Avenue D Sycamore - From Avenue E to Avenue C Mulberry - From Avenue D to Avenue B and from Avenue A to Welch West Hickory - From Avenue to to Avenue B Welch - From Eagle Drive to West Oak Street Central - From Eagle Drive to Highland Avenue A - From Eagle Drive to Highland and from Prairie to Chestnut Avenue B - From Eagle Drive to Maple and from Mulberry to West Hickory Avenue C - From Eagle Drive to West Hickory Avenue D - From Eagle Drive to Highland and from Chestnut to West Hickory Avenue E - From Eagle Drive to West Oak. SECTION II. The provisions of Section I prohibiting the parking of vehicles shall apply at all times to the streets and parts of streets dosignated therein except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the direction of a police officer or official^ traffic-control device on those streets and portion of streets listed in Section I where there are no signs erected and in place give notice that a location is a no parking zone, the parking regulation for such locations shall be unrestricted parking. SECTION VI. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record- Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the of 1980. C T ITY OF DE TON, TEXAS ATTEST: X -SEA C TY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR. CITY ATTORNEY CITY OF DENTON, TEXAS BY: LIVU r 4i / ~COLLIE'ft T r ~ n AVE. Rte'. - ~r Aklc ~ r_ ~ ..:ice' '.,i LAvr~ AVE. yA a ~~Er, r01Zr' F x . r ~ ' Y'f:LCN W.Afl m fCA?TY ° x P z I0 ORDINANCE NO. RD- AN ORDINANCE AMENDING SECTION 12-4 OF CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ADDING A NEW SUBSECTION (d-1) PROVIDING FOR CHARGES OF FIFTEEN DOLLARS ($15.00) FOR DISPOSAL OF LOADS OF LESS THAN TWENTY (20) CUBIC YARDS; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. Section 12-4 of Chapter 12 of the Code of Ordinances of the City of Denton, Texas, is hereby amendea by adding a new subsection (d-1) reading as follows: (d-1) Commercial packer-type trucks owned or operated by licensed haulers or nonsubscribers with a carrying capacity of less than twenty (20) cubic yards shall be charged fifteen ($15.00) dollars for each load disposed of. SECTION II. This ordinance shall become effective from and after its date of passage. PASSED AND APPROVED this the V day of 1980. t ~ T MAYOR CITY OF DE TON, TEXAS ATTEST: W(YKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAILOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY : Cr.aLz;c" \s 9-61 a r Qo i INDEPENDENT CONTRACTOR'S AGREEMENT THE STATE OF TEXAS ( KNOW ALL MEN BY THESE PRESEN'T'S: COUNTY OF DENTON ) The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager, and Jan Wiley, hereinafter called Contractor, hereby mutually agree as follows: 1. SERVICES TO BE PERFORMED: City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following services: A. Transcription of Oral History Tapes 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: A. Amount of Payment for Services: $3.10 per hour B. Dates of Payments: Every two wp.eks starting November 14, 1980 3. SUPERVISION AND CONTROL BY CITY: It is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 4. SOURCE OF FUNDS: All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. .v r 5. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City agrees to furnish to Contractor the following services and/or supplies: 1. Paper 2. Tapes and Tape Recorder 3. Typewriter (for use in library) 6. INSURANCE: Contractor shall provide at his own cost and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 7. CANCELLATION: City reserves the right to cancel this Agreement at any time by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 8. TERM OF CONTRACT: This Agreement shall commence on the 21 day of October, 1980, and end on the 30 day of April, 1981. V1z , 1980. EXECUTED this the slt day of D A A- C OF DENTON, TEXA r - ATTEST: APPROVED AS TO LEGAL FORM C. 1. TAYLOR, JR., CITY ATTORNEY BY: Jan Wiley, CONTRACTOR That Joella Orr, is hereby designated as the person to administer the provision of this agreement. jr4 r Q ~rre~~ i OCT6BER Ire ,r ey ` 1 f,.. r.i~ 1 a- + 41 r October 6, 1980 Mr. William K. Cole Assistant City Manager Municipal Building City of Denton Denton, Texas 76201 Dear King: This letter will serve as a Letter of Agreement between the City of Denton and James J. Glass for the development and implementation of a sample survey of households for tke City of Denton. The intent of the survey will be to determine the average number of persons per household. Data analysis will be done by city staff. The total cost for drawing the sample and conducting the interviews is $600.00. am Lo es ass Assistant City Manager 00 sa City of Denton Den Texas 76201 :..,r/... ~ oo , ~ ~ s ~ ~ ~ 4 ~ r .r . 4 - i r s ~r 7. i f~ 1~1 ' r' ~ ' i r y' e~; 6 k' ~ ~ F .i" r r s f4. 'r ` r,. ~ ~ ~ ~ ''r r ~ sf ~ ~ ~~,r ~ ~r.. 11 d„4,, r'