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HomeMy WebLinkAbout11-1980 NOusMB I~~ NO. ~o-2:- AN ORDINANCE PROVIDING FOR MUTUAL AID ACAEEMENT BETWEEN THE CITY OF DENTON, DENTON COUNTY, TEXAS AND THE CITY OF GAINESVILLE, COOKE COUNTY, TEXAS. WHEREAS, the Cities of Denton, and Gainesville, Texas recognize the need for coordinated Mutual Aid to protect life and property; and WHEREAS, the governing officials of the Cities of Denton, and Gainesville, Texas, desire to secure for each such City the benefits of mutual aid in the protection of life and property, relief of suffering, and provision of rehabilitation services during and after a disaster; and WHEREAS, upon the passage of this ordinance by the City Council of the City of Denton, a like ordinance is being simultaneously passed by the City Council of the Gainesville, Texas, now, therefore, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION I. That the agreement herein below described shall become binding and obligatory when it shall have been signed by the Mayors of the Cities of Denton and Gainesville: 1. The purpose of this agree:~ent is to provide mutual aid between the cities in meeting any emergency or disaster resulting from natural or accidental causes, or an enemy attack. 2. Aid shall be requested in an emergency condition and only by either the Mayor, the City Manager, and the Civil Defense Director of the cities, In the event of a fire fighting emergency, the Fire Chief may request aid. Such aid shall be subject to the conditions hereafter stated, 3. Either city when requested to render mutual aid shall take such action as is necessary to provide equipment an, personnel in accordance with this agreement provided that the city rendering aid may withhold resources to the extent necessary for its ovn safety. 4. Any dispatch of equipment and personnel pursuant to this agreement is subject to the fol owing conditions: a. Any request for aid hereunder shall include a statement of the amount and type of equipment and number of personnel requested, and shall specify the location to which the equipment and personnel are to be dispatached, but the amount and type of equipment and number of personnel to be furnished shall be date'mined by the responding city. b. Each city shall take full responsibility for its employees working in the disaster areas, plus travel to and from the disaster areas. S. The performance of this nutual aid agreement is recognized as a governmental function of both cities and the doctrine of governmental immunity shall apply to the extent of the applicable laws of the State of Texas. 6. Each (ity waives all claims against the other city for compensation for any act occurring as a consequence of the performance of this agreement. 7. This agreement may be terminated by either city upon thirty (30) days written notice to the other city. 8. This agreement shall become binding and obligatory when it shall have been signed by the Mayor of the respective cities and when it has been approved by the City Council of each city SECTION II. Thy, Mayor of the City of Denton Is authorized to execute a copy of this agreement with the City of Gainesville, Texas. SECTION III. This ordinance shall become effective from and after its date of passage, and it is so ORDERED. PASSED AND APPROVED this the Ott.- day of '(Nakf& ~ 1980. OOF IVA je,'~L4' i , MO. CI 1Y OF DE TON, TEXAS ATTEST: BROOKS HOLT~-TTTY-METARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: AGREEMENT AUTHORIZED UNDER ARTICLE 4413(32c) V.A.T.S. 1 • P4 O I I JOINT RESOLUTION OF THE CITY OF DENTON AND DENTON CHAMBER OF COMMERCE KNOW A'LL MEN BY THESE PRESENTS: THAT WHEREAS, the CITY OF DENTON and the DENTON CHAMBER OF COMMERCE, recognize the need for a unified effort toward beauti- fication of our City; and, WHEREAS, recognizing such need, both the City of Denton and the Denton Chamber of Commerce feel that a joint committee spon- sored by each of said organizations could best serve the needs of the citizens of the City of Denton and provide a broad basis support for such a joint project; and, WHEREAS, the joint committee would have as its objectives to plan, i,nitiat,e# and carry out projects and activities which contributed to the physical appearance of the City of Denton in every manner whatsoever; NOW THEREFORE, IN CONSIDERATION OF THE PREMISES, BE IT RESOLVED that we, the City of Denton, acting by and through its Mayor, and the Denton Chamber of Commerce acting by and through its President, do hereby establish one joint committee, named BEAUTIFY DENTON COUNCIL, to carry out the expressed objectives of both the City of Denton and the Denton Chamber of Commerce to plan, initiate and carry out projects and activities which shall contribute to the overall physical appearance of the City of Denton; and, BE IT FURTHER RESOLVED that such committee have as its initial chairman, Garland Hadley, a citizen of the City of Denton, and Fred Patterson as vice-chairman; and FURTHER, that the committee have as its other officers, a secretary and treasurer, and such other officers as the chairman designates to carry out the purposes of the BEAUTIFY DENTON COUNCIL, all of such officers to be hereafter elected by the committee as a whole; and BE IT FURTHER RESOLVED that the chairman of the COUNCIL be authorized to enlist in support of the objectives and aims of the BEAUTIFY DENTON COUNCIL, such other persons, organizations, and entities, as he deems appropriate to aid in carrying out all of the stated objectives of the BEAUTIFY DENTON COUNCIL. i~o vcn. 6 e e WITNESS OUR HANDS this 4+.k, day of -eet zbsr ; 1960. CITY OF DENTON r BY: r MAY R ATTEST: /J SE TARY, CITY OF DENTON DENTON CHAMBE COMMERCE BY: PRESIDENT 'ATTEST: SECRETARY, DENTON CHAMBER OF COMMERCE 46 1 1 ~ I 1 P 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, Texas Instruments Incorporated agree that a consideration of $70,400.00 is a fair and agreed value- of such described property; NO11, 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 docul:enta are necessary to complete the transfer of property so described below from the owner thereof to the State of Texas: Being 26.502 acres of lend, more or less, of which 0.504 of an acre is located in a Public Road (Bonnie Brae), situated in the Nathan Wade Survey, Abstract No. 1407 and the J. S. Collard Survey, Abstract No. 297, out of a 82.15027 acre, a 119.9528 acre, and a 217.5069 acre tract of land conveyed to Texas Instruments Incorporated, a Delaware Corporation, by deed dated July 16, 1979, and recorded in Volume 963, Pages 51 through 60, Deed Records of Denton County, Texas; said 26.582 acres of land being more particularly described by metes and bounds as follows: BEGINNING at the point of intersection of the west boundary line of the said 82.5027 acre tract and the proposed south right of way line of proposed Loup 288, said point also being North 000 25' 16" west a distance of 642.66 feet and North 850 59' 16" East a distance of 25.65 feet and North 830 09' 32" East a distance of 44.68 feet from the southeast corner of Ruth Kellum 177.9 acre tract recorded in Volume 768, Page 213, Deed Records of Denton County, Texas= THENCE South 830 09' 32" Nest a distance of 44.68 feet to a point in the centerline of public road; THENCE North 000 25' 16" West along the centerline of said road a distance of 508.20 feat to a point; THENCE South 640 22' 05" East for a distance of 49.42 feet to a point in the proposed north right of way line of Loop 288; THENCE South 410 50' 01" East along the said proposed right of tray line a distance of 104.70 feet to a point; THENCE South 860 45' 53" East a distance of 630.00 feet to a point; THENCE North 810 53' 47" East a distance of 416.37 feet to a point; THENCE South 821n 40' 08" East a distance of 493.08 feet to a point; THENCE South 890 04' 24" East a distance of 800.00 feet to a point; THENCE North 860 38' 15" East a distance of 200.56 feet to a point; THENCE South 880 39' 50" East a distance of 700.02 feet to a pointy THENCE South 860 49' 53" Fast a distance of 511.30 feet to the beginning of a curve with a radius of 5619.58 feet, said point bears North 000 55' 36" East to the radius point; THENCE around said curve to the left a distance of 362.43 feet to a point, said point bears North 020 46' 07" West to the radius point, said point also being in thge east boundary line of said 217.5069 acre tract; THENCE South 000 46' 02" West along the said east boundary line for a distance of 258.00 feet to a point in the proposed south right of way line of Loop 288; THENCE North 880 51' 55" West along the said proposed south right of way line for a distance of 362.90 feet to a point; THENCE North 890 08' 01" West for a distance of 1593.26 feet to a point; THENCE NorLh 880 57' 29" :lest for a distance of 817.66 feet to a point; THENCE South 860 38' 35" West for a distance of 200.56 feet to a point; THENCE North 890 04' 24" West for a distance of 436.96 fee L• to a point on a curve of radius 5579.58 feet and bearing South 000 55' 36" West to the radius point; THENCE along said curve to the left a distance of 694.38 feet to a point of bearing South 060 12' 14" East to the radius point; THENCE South 390 27' 28" West for a distance of 97.79 feet to the place of beginning. 2. The City of Denton is hereby further authorized to pay Texas Instruments Incorporated as owner of said described property, consideration In the amount of $70,400.00 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 U., day of 'nd&Ae~,~.e,~r, 1980. I ARD 0 STEWA T, MAYOR CIT OF DINTON, TEXAS ATTESTS ",~x1-14-~~- BOOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM; C. J. TAYLOR, JR.? CITY A'nORNJY CITY OF DENTON, TEXAS BY; CITY OF DEN10N MAYOR $ CITY COUNCIL COMMUNICATION DATE: November 41 1980 SUBJECT: Real Property Acquisition it is recommended that the f,ity Council authorize the purchase of real property (as described below) for the purpose of constructing essential public improvements. NAME 0? PROJECT: Loop 288 TYPE OF ACQUISITION: General Warranty Bond it DESCRIPTION OF LAND/LOCATION: Bonnie Brae and Loop 288 SQUARE FELT/ACRES: 26.582 Acres OWNER(S): Texas Instruments Incorpoisted Negotiations have taken lace with the owner(s) and owner(s) have ticcepted the appraisal of the fair market value, as providFA by the State Department of Highway and Public ranspartation, for an amount of $70.400.00 I! The City of Denton is required to pay recording fees and the State of Texas will pay the remainder of the closing costs. ACTION NBEDED: Approve Resolution purchasing the above described property after reconvening into open session. I t Y ~k~ i f~ A /W V , f CONTRACT FOR PRELIMINARY STUDY OF HYDROELECTRIC FACILITIES ON LLWISVILLE AND RAY ROBERTS LAKE Contract made this 4th day of November, 1980, by and between the City of Denton, Texaa, a municipal Corporation organized and existing under the Home Rule Amendment to the Constitution of Texas, (hereinafter referred to as Denton) and Black 6 Veatch, Consulting Engineere, Ka.-isas City, Missouri, a partnership having principals registered as professional engineers in the State of Texas (hereinafter referred to as Consultant). WITNESETHs WHERFAS, Denton wishes to employ Consultant .ter t? ;xsrpose of preparing applications for FERC Preliminary Per► and preparing initial F•;sibility Assessments to support these apr,Iicatiocs for hydropower development at Lewisville Lake Dam and Aubrey Reservoir Dam. NOW, THEREFORE, the parties hereto do hereby agree as follows= SECTION I Consultant shall perform the services set firth in Attachment I. hereto, Description of Scope of Services. Attachment I shall apply to the compensation limit unless the City of Denton agrees to modificatior of the scope of services. SECTION II In consideration of the services performed by Consultant under this Contract, Denton shall pay Consultants 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 rates of 2.0 times payroll toss of personnel applied to the services. Payroll cost is defined as 1.25 times direct salary cost. Average salaries per man-day for various categories of personnel to be applied to nervices are as follows. BLAr.K i VEATCH AVERAGE SALARIES The following are average salaries for services to be performed in 1980 and 1981. -1- 1980 Average 1981 Average Man-Day Salami Man-Day Salary $ $ 170 189 Project Management 161 Senior Level Engineer 11445 5 128 Intermediate Level Engineer 45 50 Drafting and Clerical Personnel 60 67 Technical publications These daily rates are to be considered as direct salary cost and do not include payroll overhead costs- S. Out of Pocket Expenses In.addition to the cost of prd to, travel, lodging, certain i living other expenses expenses consisting of, but not limited en roject away from the home of Consultant's employees when engaged on a p office, plus long distance telephone an ontand data dprocessing gcharges, be billed at cost. Printing, P as required, will be billed in accordance with Consultant's standard ed of rates prevailing at the time such services are rendered. The use I Consultant's automobiles shall be charged at 25c per 1I automobiles shall be billed at cost. Unless authorized by Denton, the naximum charges for such professional services and expenses for the project shall be $156000. SECT_ I, ON III The Consultant will submit invoices for Services to Denton for payment by about the fifteenth day of the month following the month in which such were perform Cons . The om the 2',1 ofreachsmonth throughethe 26th dayuofathessucceedingnmonth.frDenton shallday pay the Consultant the full invoice amount within 30 days of t }nv5 por rpR date. ~~rh, 351 }1PIi4 w u d3ttr SECT~ION~ IV Consultant will utilize its own personnel in the consideration of all required studies and under no circumstances shall Consultant be authorized to enter into any contract with another which would obligate Denton to pay all or rt of recoveryamight beebasednuponeannexpress orcimpliedacontractp(quantumfineruit)r SECTION V Denton may terminate this Contract upon thirty days prior rittentnotice to Consultant. In the event of termination, Denton shall pay Consul for full services rendered and expe>ses incurred to date of termination and Denton shall receive all completed analyais comparisons, and work done to the s •2- i I iI date of termination and any work in progress or incomplete reports will be delivered to Denton. SECTION VI The Director of Utilities will serve as Project Manager for the City and will be responsible for all technical issues, arranging meetings and other Study thatlisto the matters srequired fthe ye relevant to l the make availab such Consultant all information that may b available within the records of the City or other public bodies. SECTION VII Consultant will complete its services under this Contract and deliver the required reports by January 15, 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 oralior written, communications, s bjecteements, this Contract. IN WITNESS WHEREOF, the parties hereunto set their hands and seals the day and year first above written. ATTEST: BLACK 6 VEP.TCH, CONSULTING ENGINEERS R. M. L".lie Title Title Partner { ATTEST: CITY OF DENTON, TEXAS } 1 B By_ i Title Title ~ - ATTACHMENT I DESCRIPTION OF SCOPE OF SERVICES Phase I - Application for Preliminary Permits This phase will include activities required to submit the Applications for Preliminary Permits for both developments. Included in the Phase I effort is assistance in preparing a Notification of Intent (NOI) to file an application for the Lewisville Lake development. Discussions with the Federal Energy Regulatory Commission (FERC) indicated that no notice has been received for any application for the Aubrey Development. Therefore, an NOI will not be required for Aubrey. Activities in Phase I will include: 1.1 Prepare NOI for City of Denton for Lewisville Lake development. 1.2 Obtain FERC and Corps of Engineers data on both developments. 1.3 Perform initial site reconnaissance. 1.4 Prepare Applications for City of Denton review and signature and file required copies with FERC. 1.5 Provide follow-up support as required. Phase 2 - Initial Feasibility Assessment The objective of the second phase is to perform an initial feasibility assessment of the two developments. The initial assessment will be of sufficient detail to permit a City of Denton decision to proceed to the next phase, Comprehensive Feasibility Assessment, or abandon further development efforts for one or both projects. Activities in Phase 2 will include: 2.1 Perform field reconnaissance and develop design concept. 2.2 Coordinate with Corps of Engineers to integrate hydropower development and establish basis for headwater benefit allocation. 2.3 Develop initial capital costs and estimate annual generation. 2.4 Establish preliminary energy valve to the City of Denton and basis for project financing. 2.5 :erform initial economic evaluation to include net present value analysis and annual power cost determination. 2.6 Perform preliminary environmental feasibility, assessment to identify principal environmental issues and impacts. 2.7 Prepare report for City of Denton summarizing results of assessment. 7 F ~F~ro f ~o"~ INC. MANAGEMENT CONSULTANTS Dallas • Houston - Austin November 5, 1980 Mr. Chris Hartung City Manager City of Denton Municipal Building Denton, Texas 76201 Dear Chris: The purpose of this letter is to outline LWFW's approach and costs for selecting new computer equipment and "core" software for the City of Denton as part of Phase II of the Data Processing Study. This effort entails three (3) major tasks: 1. Development of a detailed Request for Proposal (RFP) to be sent to qualified vendors for a "turnkey" computer system including computer equipment and the "core" applications software outlined in our Phase I report. 2. Selection of qualified vendors to receive the RFP and the evaluation of these vendors' proposals. The evaluation process will include the definition of evaluation criteria and the narrowing of the responses to the top two or three proposals. 3. The selection of the best vendor's proposal considering Denton's needs and the development of a detailed implementation plan and schedule based on this selection. The selection process is planned to include up to three site visits to observe the top vendors' software in operation at an existing user site. We project that this process can be completed by mid to late January given a mid-November start date. As we have discussed, the City of Bryan, Texas is considering authorizing LWFW to initiate a Computer Systems Selection process very similar to the one outlined in the letter. We have recently completed an Information Systems Needs Analysis for the City of Bryan and, as you might expect, their information systems needs are comparable to Denton's. As I've discussed with you and Ernie Clark, LWFW could conduct this work for both cities in concert at a cost savings to both Denton and Bryan. We feel we could do this in the same time frame with the special needs of each city fully considered. On the following page, I've summarized the cost of the selection project done independently for Denton and in concert with Bryan. I suggest you ask your council to authorize the larger amount with the understanding that if we receive t2700 Park Central, Suite 180". . Dallas, Texas 7525t - (714)233-5561 Mr. Chris Hartung Page 2 November 5, 1980 approval from Bryan, we will be able to complete the effort for the lower of the two amounts should you and the Council not object to the joint participation. REQUIRED PROFESSIONAL FEES AND EXPENSES Denton Denton Bryan Only Joint Participation (Cost Each) 1. Prepare Request for Proposal $11,000 $ 8,000 2. Evaluate Proposals/Select Vendor (excludes site visits) $10,000 $ 8,500 3. Site Visits $ 7,000 $ 3 500 Total 28,000 20,000 LWFW did not expend $5,000 of the authorized Phase I budget and consequently the City need only authorize a maximum of an additional $23,000 for Phase II. Should Bryan authorize us to proceed, the actual additional amount required would be further reduced to $15,000. So that this proposal letter could serve as a letter of authorization for LWFW to proceed, I have added the appropriate blo^k for your signature below. If you have any questions, pleaze don't hesitate to call me. Since e~y,l 4 S Gary. 0~fpson, P.E. Th Principal I authorize LWFW, Inc. to perform the Computer Systems Selection Study based on the approach, schedule, and cost outlined in this proposal. ty Manager C V-h r s Hart g, cid- k~ ' r NOV 7 1980 CITY OF DENT04 MANAGER'S OFFICE INDEPENDENT CONTRACTOR'S AGREEMENT THE STATE OF TEXAS ( KNOW ALL MEN BY THESE PR5SENTS: 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 Cengiz Capan, 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. Utility Billing Maintenance B. Year-End Taxes C; Solid Waste Maintenance 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: A. Amount of Payment for Services: Twenty-five Dollars ($25.00) per hour B, Dates of Payments: One week after services are 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 purposes in the Budget of the City of Denton, S. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City agrees to furnish to Contractor the following services and/or supplies: 1. Computer Time 2. Terminal Use 3. Documentation of Systems b. 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: C.ty 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 3rd day of November, 1980, and end after one hundred and fifteen (115) hours. EXECUTED this the (p% day of Hoytrmwrt / 1980. C F S 1 ATTEST: aeio zze- ROOKS SECRETARY ~-'1 APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY I BY. Cen z C pa , CONT AC OR That D. B. Smith, Jr., Is hereby designated as the person to administer the provision 01' this eme /I /~/Ro DXTH f n^ i E 694 THE STATE Or TEXAS, v 1046 PAC COUNTY OF DENTQN ~ KNOW ALL MEN N BY BY THESE PRESENTS: THAT Marvin Jones DEf:D RECORDS 332GS of Dallas County, Texas , in consideration of the sum of Ten Dollars ($10.00) 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 him Situated in Denton County, Texas, in the S. Hembrie Survey, Abstract No. 643 and the E. Pickett Survey, Abstract No. 1018 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 S. Hembrie Survey, Abstract No. 643 and the E. Pickett Survey, Ab- stract No. 1018, and also being part of a tract of land as conveyed from Addison Lee Pfluger, Trustee to Marvin Jones by quitclaim deed dated August 1, 1975 and recorded in Volume 753, Page 928 of the Deed Records of Denton County, Texas, and more particularly described as follows: BEGINNING at the Westerly Northwest corner of said Jones tract, said point lying in the East right-of-way lir.c of F.M. 2181 and the North boundary line of the E. Pickett Survey Abstract No. 1018; THENCE Ncrth 89032'50" Fast a distance of 242.03 feet to a point for a corner; THENCE North 2016'50" Fast a distance of 140.21 feet to a point for a corner, said point being the Northerly Northwest corner of said Jones tract and the Northwest corner of the S. Hembrie Survey Abstract No. 643; THENCE South 89024'20" East along the North boundary of said tract and survey a distance of 16.01 feet to a point for a corner; THENCE South 2016'50" West 16 feet East of and parallel to the Northerly West boundary line of said tract, a distrance of 155.94 feet to a point for a corner; THENCE South 89032'50" Best 16 feet South of and parallel to the Westerly North boundary line of said tract, a distance of 247.06 feet to a point for a corner in the Southerly West boundary line of said tract and the East right-of-way line of F.M. 2181, said point also being the beginning of a curve to the left, with a radius of 1489.41 r feet. central angle of 0043'49" and chord of North 33001'13" West 18.98 THENCE Northwesterly along said curve a distance of 18.98 feet to the place of beginning and containing 0.1442 acres of land more or less. K tyuiDdirrga ~i #loxx~tlneediaout ~Ia1cBOtEt:bR atRMA~ctllolR~dltdAc'R~ltQ17For the purpose of constructing, installing, repairing and perpetually maintaining electrical distribution lines in, along, goon and across said premises, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen and representatives having ingress, ogress, and regress in, along upon and acros, said premises for the purpose of making additions to, improvements on and repairs to the Bald electrical distribution lines, or any part thereof, TO HAVE AND TO HOLD unto the said City of Denton, Texas as Aforesaid fur the purposes aforesaid the premises above described. Witness my hand , this the 14th day of Novembor , A. D. 1980 , - arv one SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, Dallas BEFORE ME, the undersigned authority, COUNTY of _ s to s~ald County, Texas, on this day personally appeared Marvitt Jones v'A - - - - " known t, me to Ga~he person Nrhose name is subscribed to tt,e foregoing instrument, and acknowledged to me heat, pc~ ...exec<<cd the same for the purposes and consl&rntion therein expressed. i t GIVEN U' IAR MY HAND AND SEAL OF OFFICE, T ' " I5~ ay of"November.......... , A .D 19 $0. No ry lic.._.. _ ---.County, Texas • My Commission Expires J 19.4 3u, lip SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, l BEFORE bIE, the undersigned authority, COUNTY OF r in and for said County, Texas, on this day personally appeared.." _ known to me to be the person _wbose name subscribe l to the foregoing Instrument, and acknowledged to me that... he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE:, This _ day of...__----- , A.D. 19 f L.S.) _ _ Notary Public, County, Texas My f'omrrisslon Expires dune 1, 19 CORPORATION ACKNOWLEDGMENT THE: STATE OF TEXAS, l ( BEFORE ME, the unP.crsigned antl:orily, COUNTY OF in and for Bald County, TeX;ls, on this dov personally appeared known to me to be the prrson and ofIlcer whist name is subserihed to the foregoing in~honi(rt and acknowledged to me tint the s^me vas the art of the sni-1 a corporation, end that he exrcut(1 the same is the act of such corporation for the purp,scs and consideration therein expressod, and in the capacity therciu stated. 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 CERTMICATESAr ~ 'jW THE STATE OF TEXAS, ~ r> owx r I,....__ aD!♦( Do" CA*, tva, County of OWN COUNTY OF y am Utb lnstr~4 Was MW aA me Clerk of the County Court of said County, do hereby certify that the f L 405Md(~tldwtrl .V*the _ day of _ . , A. D. 19 , with l4R~~.%A VMC106 U V for record in my office on the . -day of A. D. 19. aNOVo bf., and duly recorded thls day of A. I pt c` locfc hi„ in the Records of said Cour n P, • Jl~ W1TAESS MY HAND AND SEAL OF THE COUNTY COURT of said 4 _ the day and )'ear last nbe c County Clerk County, Texas. (L 8.I By..,._...._. ..Deputy. r ,y ~ ( r• 1 r I ' Y YC ° I 0 1 7 M11'4 o tn; u ~ v j~ S j, i. 11 a' G N p°p~~ O O A ai l W 0111 04 44 a o 95 t v 1f~'+I f ilk, M e .14 t! &OL .s iacE DUO R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS; SECTION I. The City Council of the City of Denton, Texas, hereby authorizes Denton County work crews to perform work within the corporate limits of the City of Denton, Texas; and SECTION II. That from time to time there are agreements between the County and City which necessitates the County using both their personnel and equipment to perform work within the City for the benefit of the citizens of both the County and City; and SECTION III. This Resolution shall become effective from and after its date of passage. / J PASSED AND APPROVED this the ~ daI of ~~jyW+~ue.~ , 1D80. TE I T \ OF DE ON9 TEXAS ATTEST: IRK)UKS j' CITY SECRETARY CITY OF DENTON$ TEXAS APPROVED AS TO LEGAL FORM! C. J, TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: \ ~~~~'I 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 rt,al estate described below; and WHEREAS, the City of Denton and owner of said parcel, W. B. Rummell agree that a consideration of $280,910.00 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 33,992 square feet of land, more or less, out of and a part of a tract of land situated in the R. B. Longbottom Survey, Abstract No. 775 that was conveyed to W. B. Rummell by deed dated July 12, 1963 as recorded in Volume 497, Page 13, Deed Records of Denton County, Texas; said 33,992 square feet of land being more particularly described by metes and bounds as follows: BEGINNING at the point of intersection of 'the proposed west right of way line of proposed Loop 288 with the south boundary line of said Rummell tract, said point being South 880 3S' 12" East a distance of 191.63 feet from the southwest corder thereof; THENCE North 010 40' 41" East along t"te proposed right of way line for a distance of 120.84 feet to a point; THENCE North 440 12' 12" West for a distance of 84.85 feet to the point of intersection of said proposed right of way line with, the existing south right of way line of U. S. Highway 380; THENCE North 8S0 27' 54" East with said existing U. S. 380 right of way line for a distance of 1301.78 feet to a point on the existing west right of way line of Loop 288; THENCE South 460 05' 52" East along the said existing right of way line of Loop 288 for a distance of 68.48 feet to a point; THENCE South 000 47' 51" West for a distance of 152.67 feet to a point; THENCE North 880 35' 12" West along the south boundary line of said Rummell tract for a distance of 171.87 feet to the place of beginning. 2, The City of Denton is hereby further authorized to pay W, B. Rummell as owner of said described property, consideration in the amount of $280,910.00 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. D , MMAYO ITY OF DE TON, TEXAS ATTEST: A OT, T ERET CI Y OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DFNTON, TEXAS BY: vNjj% \6 R E S O L U T I O N WHEREAS, the City of Denton is in need of a new City Warehouse and Service Center Facility for the Electric, Water, Sewer, and certain General Government Departments; and WHEREAS, bids have been received for such facility which list a cost of $566,780.00 for the Warehouse and a cost of approximately $1,549,720.00 for the Service Center; and WHEREAS, it is necessary to specify a source of funding for such facilities; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: 1. The source of funds for the Warehouse, estimated to be $566,780.00, shall be from the Electric Department Fund, and the asset value of the Warehouse shall be regarded as an asset of the Electric Department. 2. All other departments using the Warehouse shall pay to the Electric Department an annual lease fee based on: (a) Each department's square footage use of the Warehouse floor space. Common and unused space shall be apportioned on a pro rata basis to all using departments. (b) A charge equal to a constant annual amortization payment utilizing a twenty (20) year payout and an interest rate of eight (8) per cent per annum (estimated to be $2.89 per square foot per year), plus; (c) An additional charge per square foot equal to six (6) per cent of the undepreciated capital cost of the facility. This charge is used to pay the Electric Department's annual six (6) per cent return on investment paid to the City of Denton (estimated to be initially $1.70 per square foot 1`r per year); provided, however, that the percentage rate for such additional charge shall remaly at the same percentage rate as the City Council annually establishes for the Electric Department's return on investment payment to the City of Denton. 3. The source of funding for the Service Center facility, estimated to be $1,5490720.00, shall be from the Water and Sewer Bond Fund and the Electric Fund. The Water and Sewer Bond Fund shall provide capital funds for the proportionate share of area that will be specifically utilized by the Water and Sewer Department, plus a pro rata share of the common areas and other associated development costs, estimated to be $393,215.00, and the asset value of this proportionate share of the Service Center shall be regarded as an asset of the Water and Sewer Department. The Electric Department Fund shall provide the capital funds tor the remaining amount estimated to he $1,156,50 .00, and the asset value of this proportionate share of the Service Center shall be regarded as an asset of the Electric Department. 4. Departments other than the Utility Department shall pay to the Electric Department an annual lease fee for office space based on the square footage used, including a pro rata share of the common areas. The charges shall be calculated in a similar manner to 2(a) end 2(b) listed herein. S. Maintenance and operation expenses shall be charged to the using departments on an equitable pro rata basis. 6. Actual costs and annual lease fees shall be based on final as-built construction cos~s. PASSED AND APPROVED this the day of 980. ATTEST: CITY ~EGfi EAAY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: 1 . ~ r' ~oU ~-6 r , R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: The Mayor is hereby authorized and directed to execute on behalf of the City of Denton, Texas, a Pipe Line License agreement dated November 1, 1980, between the City of Denton and the Missouri-Kansas-Texas Railroad Company. PASSED AND APPROVED this the 18th day of November, 1980. 7 ATTEST: A6eZA/~n '9R0OXS HOLTj CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR JR., CITY ATTORNEY CITY OF DENHN, TEXAS 3 F I jczt) INDEPENDENT CONTRACT'OR'S AGREEMENT THE STATE OF TEXAS { KNOW ALL MEN SY THESE PRESENTS: COUNTY OI° DENT'ON } 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 C.H. Rodgers 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: T Supervision and consultant service for the Denton steam unit $ 3, the inspection of the turbine, generator, and It's cwponnonts. C. H. P.odgers Date ' I 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: A. Amount of Payments for Services; $240.00 per day. Estimated 22 days, total $5,280.00 i ~ B. Transportation Costs: Mileage, 90 miles per day for 22 days giving 1980 miles. 90 X 22 X 0.20 (Cost per mile) _ $396.00 C. Dates of Paymsnts: Two Weeks 3. SUPERVISION AND CONTROL, BY CITY: It is mutually v Jerstood 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 empl.oyce 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 tho satisfaction of the City Manager of the City of Denton or his designee under this agreement. MUBPENDENT CONTRACTOR'S AGREE,MPNT - PAGE 2 ` y e i 4. SOURCE OF FUNDS: All payments to Contractor under this agreement are to be paid by the City from funds appropriated by I the City Council for such y purposes in the Budget of the City of . Denton. S. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: r.ity agrees to furnish to Conaractor the following services and/or supplies: None 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 an-) time by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 8. TERM OF CONTRACT: This Agreement shall ;:ommonce on the 3 rd day of `Ncvem,ber , 1980, and end on the 3 rd day of December 1980, These dates are estimated. INDEPENDENT CONTRACTOR'S AGREEMENT -'PAGE 3' EXECUTED the this clay of CITY 0 DENTON., TEXAS BY: -4 i . CITY ~MAITKG .I ATTEST* MTT SECRETARY APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY BY: is hereby designated as the person to administer the provision of this agreement. T3'AfiE`' INDEPEV1ENT CONTRACTOR'S AGREEMENT - PAGE 4 L k~ C~ n... 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 Elinor H. Caldwell, 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: Citv 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 agree) 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. S. 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 _ day of 1980. CITY OF T N, TEX KAKTUNG0- ATTEST: .00 i 7'TAAY APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY BY: e -a , 7 ELINOR H. CALDWELL, CONTRACTOR That Mrs. Joella Orr, is hereby designated as the person to administer the provision of this a ement. C CITY MANAGER IfA'I' t' r~ s r f~~ F 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 Cengis Capan, 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: 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: A. Utility Billing Maintenance. t B. Tax System Maintenance. C. Solid Waste Maintenance. 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: A. Amount of Payments for Services: Twenty-Five ($25.00) Dollars Per Hour. B. Dates of Payments: One week after services are 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 nF and to tho 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. S. SERVICES AND ;'IPPLIES TO BE FURNISHED BY CITY: City agrees to furnish to Contractor the following services and/or supplies: 1. Computer Time. 2. Terminal Use. 3. Documentation. b. 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 24th day of November, 1980, and end after one-hundred fifteen (115) hours. EXECUTED this the _ 24 day of November, 1980. CITY OF DENTON, TEXAS BY: /Z-,Cj 'CITY MANAGER ATTES SECRETARY APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY BY: o. nc~~. CENGIS C , CONT TOR r BY: L6074 Daniel B. Smith, is hereby designated as th~ on to administer the provision of this a meat IYATU \ ' n L I~ I ~r~ THE AMERICAN INSTITUTE OF ARCHITECTS sil AIA Docurntrrl A101 Standard Form of Agreement Between Owner and Contractor where the basis of n,;yment is a STIPUI '1 rED SUM 19:7 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION Use only with the 1976 Edition of AIA Document A201, General Conditions of the Contract for Construction. This document has been approved and endorsed by The Associated General Contractors of America, AGREEMENT made as of the twenty-fourth (24) day of November in the year of Nineteen Hundred and Eighty (1980) BETWEEN the Owner: The City of Denton Denton, Texas and the Contractor: B.F.C. Corporation P.O. Box 1121, 1701 So Montgomery Sherman, Texas 75090 The Project: City of Denton Denton Humane Shelter, Phase 2 Denton, Texas The Architect: James R. Kirkpatrick., Architect Suite 518 - First State Bank Bldg. Denton, Texas 76201 The Owner and the Contractor agree as set forth below. Coplrighi 1915, 19'8, 1925, 19]7, 1931, 19S8, 1961,1%3,1%7,1974, 0 1971 by the American InstAute of Architects, 17.6 New York Asenue, N.W., Washingtnn, D. C. 20006. Reproduction of the matesial herein or substantial quotation of its provisions without permiss'on of the AIA violates She coptrigM laws of the United Slates and will be subject to tells; prosecution. AIA DOCUMENT A101 - OwNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIM 01977 - THE AMERICAN IN5TITUIE OF ARCHITECTS, 1,735 NEW YORK AVE., NW., WASHINGTON, 0 . C, 20006 AICI-1977 1 ARTICLE I THE CONTRACT DOCUMENTS The Contract Documents conbist of this Agreement, the Conditions of the Contract (General, Supplementary ;,,ad 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 Were Insen the caption descdptiee of the Work as used on othet Contract 0o rnenb.l { the construction of the City of Denton Dentnt Humane Shelter - Phase 2, Denton, Texas ARTICLE 3 TIME OF COMMENCEMENT ANU 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 150 Calendar Days from time of commencement. fHere instrl any special provll%ons for liquidated damaars relwna to 1, !!"a so comprrir on om, For each and every calendar day the Work, or any portion thereof, shall remain incomplete after the completion date, as set forth in the Notice to Proceed, Fifty Dollars ($50.00) per day shall be deducted from the money due or to become due to the Contractor as agreed liquidated damages. I MA DOCUMENT A101 - OWNER-CONTRACTOR AGREEMENT a LEVENTS FD1710N a JUNE 1977 a AIAS 161971 r THE AMERICAN INSTITUTE OF ARCHI7ECTS, 1715 NEVI YORK AVE„ N.W., WASHINGION, D. C. 20006 A 101.1977 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 Eocuments, the Contract Sum of One Hundred Twelve Thousand Six Hundred Thirty-Two and no/100 Dollars ($112,632.00) The Contract Sum is determined as follows: (Rafe here the base bid or ocher rump mm amount, accepted alrernales, and unit pricer, as applfcableJ Base Bid ------------------------$112,632.00 ARTICLE 5 PROGRESS PAYMENTS Based upon Applications for Payment submitted to the Architect by the Contractor and Certiticates for Payment iss,jed by the Architect, the Owner shall make progress payments on account rf the Contract Sum to the Contractor as pro- vided in the Contract Documents for the period ending the tenth (10th) day of the month 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 properly allocable to la5or, materials and equipment incorporated In the Work and ninety percer,r ( 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 prevlous payments made by the Owner; and upon Substantial Completion of the entire Work, a sum sufficient to Increase the total payments to ninety-five percent ( 951A) of the Contract Sum, less such amounts as the Architect shall determine for all Incomplete Work and unsettles' calms as provided In the Contract Documents, (ll not covered thewhere In I„ ~~„sect Documents, hue Imserl any provrrlon for Ilmitlna or reducrna the amount rtr.fned titer the Work reaches a nrW" neat of complrlronJ Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate entered below, or In the absence thereof, at the legal rate prevailing at the place of the Project. (Note Imrrl any rare or incest tatted upon) Leary laws and ra uinmen;r under at federal Truth In Itndin Act, armilu mrle and lad consumer credit lint and other rvaularrona at the ownrra and Conincrorr prIncipat prices of budnue. At rontran of the 1 oleo and ehewhert my, aloft tar vdidirv of this p,ovhron specific ftpr advice should be ebrdned whh rerptcr to de to con. A, odirurron, or other redulrammu such as wrnren s71rcloawer ar we!vePi ) AIA DOCUMENT A191 a OWNER•CONTRACTOR AGR[EmENT a ELEVENTH EDITION a JUNE 1971 a AIAO CM? 0 THE AMERICAN INSTITUTE OF ARCHITECTS, 1115 NEW YORK AVE., N,W., WASHINGTON, D, C. 79006 A10'a1977 3 ARTICLE 6 FINAL PAYMENT °Inal payment, constituting Ice entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor when the Work has becl completed, the Contract fully performed, and a final Certificate for Payment has been issued by the Architect. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions. i.2 The Contra; i Documents, which constitute the entil9 agreement between the Owner and the Contractor, are listed in Article 1 and, except for Modifications issued after e),ecution of this Agreement, are enumerated as follows: IList below the Agreement, the Conmllonr of the Com.ract'Central, Suppfemenury, and other conditions), the Drawings, the Specifut;om, and any Addenda and acrepled ahrrnates, showing page or sheet cumbers In alf cues and dales where epp)iobfe.) A. Owner-Contractor Agreement (June 1977 - AIA Document A101) B. Contractor's Bid for Lump Sum Contract (dated 23 October 1980) C. General Conditions of the Contract for Construcciol, (August 1976 - Document A201) D. Supplementary General Conditions E. Performance Bond F. Payment Bond G. Technical Specifications H. Drawing Sheets A-1 through A-11, S-1 thru S-2, MEL, M2 ii E2 dated October, 1980 This Agreement entered ir.lo as of the day ant year first written above, OWNER CONTRACTOR CITY OF DENTON B.F.C. CORPORATION 1701 S. Montgomery Denton Texas 76201 Sherman, Texas 75090 By . B~~ V CAn~31t~MVcAk~ls~- AIA DOCUMENT A111 a OWNLR-CONTRACTOR Al KEEMENT • ELEVENTH EDITION • JUNE 1977 a AIAO 01977 • THE AMENCAN INJTITU'E Of ARCHITICTS, 17JS NEW YORK AVE., N.W., WASHINGION, D. C. 70006 A101.1977 4 k66 rP n I !1'IJIM!/Y~ 6060 NOfTN CENTRAL EkPAE6SW L1', DALLAS, TEXAS 73706 (211) 303-1645 Floyd C. McIntosh Roger W. Sumgernsr RESIDENT VICE PRESIDENT Jim Mayfield ASSOCIATES November 24, 1980 CERTIFIED MAIL City of Denton, Texas Municipal Building 215 East McKinney Denton, Texas 76201 Re: Bond #714714 Dallas Air Conditioning Co.,Inc. Plumber's Bond Effective-December 12, 1969 Gentlemen: We, the Seaboard Surety Company as Surety on the e.bove captioned bond, is hereby serving notice of our intent to terminate our liability under this bond effective thirty (30) days from your receipt of this letter. It would be appreciated if you would acknowledge this cancellation and a stamped self-addressed envelope is enclosed for your convenience in reply. Sincerely, P f: ~~~CiKdrtl ~=J~o.c e[ Linda Lambert Secretary lsl/s Enc. (1) cc: Ellis, Crotty, Powers 5 Company, Inc. Dallas, Texas cc: Art Charette Miscellaneous Department Home Office C4 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 1977 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITh hiSPECT TO ITS COMPLETION OR MODIFICATION Use only with the 1976 Edition of AIA Document A201, General Conditions of the Contract for Construction. This document has been approved and endorsed by Th,e Associated General Contractors of America, AGREEMENT made as of the twenty-fourth (24) day of November in the year of Nineteen Hundred and Eighty (1980) BETWEEN the Owner: The City of Dent-n Denton, Texas and the Contractor: B.F.C. Corporation P.O. Box 1121, 1701 So. Montgomery Sherman, Texas 75090 The Project: City of Denton Denton Humane Shelter, Phase 2 Denton, Texas The Architect: James R. Kirkpatrick, Architect Suite 518 - First State Bank Bldg. Dcnton, Texas 76201 The Owner and the Contractor agree as set forth below. Copyrighl 1915, 1918, 1925, 1937, 1951, 19se, 1961, 1967, 1967, 1971, m 1977 by the American Inslltute of Architects, 1735 New York Avenue, N.W., Wnhinglon, O. C. 20006. Reproduction of the material herein or substantial quorallon of its provisions without permission Of the AIA violates ifie copyright laws of the United Stares and will be subject to legal prosecution. AIA DOCUMINT A101 • 0N1ER-C0N1RACtC1t AGREEut[NT • [HVIN'TH EDITION • IU.NE 1977 • AIAe 11,171 0 IHE A1,1I1ICAN INSTITUTE III ARCHIIICII, 173; 1.1111 YORK AYI_, 14 1%',, IVASH1%1G111N, D. C 20006 A101,1911 1 ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, the Conditions of the Contract (General, Supplementary and other Conditions), the Drawings, the Specifications, all Addenda issued prior to and all Modifications issued after exe- cution of [his 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 Ar[icle 7. ARTICLE 2 THE WORK The Contractor shall perform all the Work required by the Contract Documents for (Here Insert the caption descripthe or the Work as used on odlN Contract Documents.) the construction of the City of Denton Denont Humane Shelter - Phase 2, 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 150 Calendar Days from time of commencement. !Herr insert any spe:41 proeiarons for 6qurdared damages r oml ro FiOure to sornpfere on nme,I For each and every calendar day the Work, or any portion thereof, shall remain incomplete after the completion date, as set forth in the Notice to Froceed, Fifty Dollar3 ($50.00) per day shall be deducted from the money due or to become due to the Contractor as agreed liquiuatet! damages. AIA DOCUMENI A101 • OWNER-CONTRACTOA AGREW N1 • 11EY1N1H FDI11ON a )USE 1977 • A1AM 01977 0 SHE AMERICAN IP'STITUIE OF ARCHITECTS, 1715 NtW YORK ME., N.W., WMHINGTON, D. C. 20006 A101.1977 2 e I ARTICLE 4 CONTRACT SUM The Owner shall pay the Contractor in current funds for the performance of the Work, subject to additions and deductions by Change Order as provided in the Contract Documents, the Contract Sum of One Hundred Twelve Thousand Six Hundred Thirty-Two and no/100 Dollars ($112,632.0r)) The Contract Sum is determined as follows: (Steer here the but brd or other lump rum ;,nouns, accepted alternafes, and unit prices, u appticableJ Base Bid ------------------------$112,632.00 ARTICLE 5 PROGRESS PAYMENTS Based upon Applications for Fayment 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 Contractor as pro- vided in the Contract Documents for the period ending the tenth (10th) dal of the month as follows: Not later than ten (10) days following the end of the period covered by the Application for Payymentan ninety percent ( 90 of the portion of the Contract Sum properly allocable to labor, materials d equipment incorporated In the Work and ninety percent ( 90 of the porllon 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 b the Application for Payment, less the aggregate of previous payments made by the Owrer; and upon Substantial Completion of the entire Work, a sum sufficient to Increase the total payments to ninety-five percent ( 95 of the Contract Sum, less such accounts as the Architect shall determine for all incomplete Work and unsettled claims as provided in the Contract Documents. (11 not covered elsewhere In the Contrrcl Document, here Inrert any provbron la Ifni Or reduclna wt amount nlalned after the Work reaches a anatn rtga of ampledon.) , , Payments due and unpald under the Contract Documents shall bear Interest from the date payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the place of the Project, !Herr Insnl any raft of Intauf ayeed upon ) Usury Ira and retfulremenu undtr Use federal Truth In ttndrn/ Act, limner 11111 and four tonrumer credo lawr and ether ryurallons 91 the Owntes and COntre[IOr'e prlndpal placer of DVIInru, the louf;on o! the Project and ebrwhere mar enact the vabdby of ih11 provbron. lpedhc leaf sdvrcr should bt ebtarned wllh rnperl Io dileiron, modJutlon, or other itpurremfnt ouch if wrblen Qbcta seer or wa!v1raJ AIA DOCUMENT A111 a OWNER•CONIRACTOR AGREEMENT a ELEVENTH EOITION a JUNE 1971 a AIM 01977 0 THE AMERICAN INSTITUTE OF ARCHITECTS, 1731 NEW YORK AVE., N,W„ WASWINGTON, D, C. )OM A IDI.1977 3 1 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 completed, the Contract fully performed, and a final Certificate for Payment has been issued by the Architect. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions. 7.2 The Contract Documents, which constitute the entire agre-2ment betweer, the owner and the Contractor, are listed in Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: (tht below the Ajwment, the Cond,tiom or the Contract (Cene,ar, suppiem.nrary, And ocher Condlrtom), the Orawints, the Specifiuliom, and any Addenda and accepred ahe,neles, showing pate or sheet numbers in air mn and dues where appricaVe.) A. Owner-Contractor Agreement (lane 1977 - AIA Document A101) B. Contractor's Bid for Lump Sum Contract (dates' 23 October 1980) C. General Conditions of the Contract for Construction (August 1976 - Document A201) D. Supplementary General Conditions E. Periormance Bond F. Payment Bond G. Technical Specifications H. Drawing Sheets A-1 through A-11, S-1 thru S-2, ME1, M2 6 E2 dated October, 1980 This Agreement entered into as of the day and year first written above, OWNER CONTRACTOR CITY OF DENTON H.F.C. CORPORATION - 1701 S. Montgomery Denton exas 76 1 Sherman, Texas 75090 AIA DOCUMENT A191 a OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION JUNE 1977 • AIA§ 01977 a THE AMERICAN INSTITUTE Or ARCHIIECES, 177S NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 A101.1971 4 Imo[ rg` 1~_•a Certificate INFORMATION 6NILY AND r r RIGHTS UPON THE CIERTIFICAJIF HOLDER. 'INIS CERTIFICATE DOES NOT AIIIIIIIIII). EXTEND OR ALUR THE COVERAGE AFIORDID BY THE POLICIES LISTED Oft0i NAME AND ADDR(55 OF AQi COMPANIES AFFORDING COVERAGES NOW11-6Sletluwrt f AssOO., Ino. 2609-8 North neuter ;°I";~pNY A united states Pitt. f cur. co. Dunham, Texas 73418 COMPAN IFIiCk Y-.B r,e MC AND appff 55 r[r§$VkrD COMPANY LC11[R D.r.C. Co !oration ',iMiANr nrk P. O. Box 2122 D Sherman, was 75090 lF y rI(p r F!u 'hIS is to certih-that ~-ies of insurance hstM Ceio. have been issued to the insured nar,ed abese and aremlorre al this tune- Notwithstandingg any requirement term or condition o' any contra[( or orh document with respect to ahlch this cerUr:cale may be issued or may perta n, the insurance afforded by the pokcier described herein is subject to all the terms, erelu;-ons and o,d-i of such polives. Yr GET'VE Iol¢+NI1ML1r< Limits oflabifit'1C Th ooIC s(b1 - H liltI CR LAI IgaI JN [WAIF AGi -.IeLGATF LIABILITY A ~~:;r,r.lFr+E~~'rsw[ IoFM ICCD21773 d123182 S00 500 L r'rEMI=,IS r:1lNer:LNc 1:r,PUrrr'oe'AA,I 1 SOO 5 Soo I I vn:nf~ _ Cdr Vl w C:1 ('I ?&r )N$ rr,, J V IP+'i Y LYp C~CUYIUACr:nl pI iuGgi( FlrrhlelYflMnq( S S D hllpAp fC'M PPy Pk rlrY rMUdSD prey. FIND[fl Np: rrl U C[kSeu nL IYJIl E+Y rL )Ig ur„AL iY 11;RV a AUTOMOPILE LIABILITY koblV INJiJFY s 2~ ~-~Ay rCAFAI IF "+'JNI A L~y OWFIrl i Iou:A 2MD?1773 8/]S/fl bLQ:LY INJURY $ SOO Lj C'Y.N[O (CACN ACCIDENT) Punr'(Pry nnmviF s "0 C~IIi NID N'rN n'.+kE CI IrnLn. r I'1JlaEY AND PP(r°~ Pir ['AMALF (~LMI'.✓qD EXCESS LlAalllTY 13prul Y ir+1LINY AND El UMEIRMA IpPM Pr,j;LP1Yp1Mn1,[ $ 11 OrIrEN rH,AN CNI!r91 A C4M (f N( U I DAM WORKERS' COMPEMMATnOR VAiLlt -,eY and r -----OTHER . EMPLOYERS' uABa r1 Xi1/6161 _ 1? 17 11 300,000/500,000 BodJly 1,- A Oraersai6bnt m Protwelve blab. 200.000/!00,000 Property Ausey Ifiii AA; Xf~ _ (F$CRIPTloN OF OP[FAr1C)N';'OrATIONV;LiA .L(5 city of Dwnton Lose" shelter-Phase &enton, Texas Cancellation: Should any Ol the grove do+rnted pollr,le5 bo cancelled be ore the eApirotlon date thereof, the issuing com- pany Hrdl enJeavor to n1oJ _10_ days wlitten notice to the below earned certificate holder, but failure lu mall sr;aT nOhce shall irnp051 no nbllgation or liability of arty kind upon 111e company. NAM( ANr1 I. PUPr,S()r i f Vr ir,r Al F la]i f (;1 DATE C,`,LID City of WPM Aanton, Togas AUI r+OR111:b REI`kE SI N7 AiIYC ' L Ii !J1 mi,. Ir - - 'i fK °n r m "R"4S!ri}~yy~t.~y. py.~yr~¢~F Rfii~flNa1 r I~f~b111+Ir r~ rrj wA• ~ ~f s~~'iRM'ls '~a ~Jy~;: i}~~ "~.^Ae{+n~r~v=v-~ur>$N~1'Jfi~YVf acxG DEW ' CLMPANIFS AIJOR01NG COVERAGES Uortlr -Da"npore a Assoc. * zw. I609-B Boob CYatar ~ E 1 i t A Ii7Ailad states ltd. i G1ter. Co. ftsas 7541# ~r1IE~. - p, r''•.• BA I. C. Corporation P. O. Box 1121 s rwur. M►xas 75090 - MP& IF1llP T r e s s to c erl ly that pWCes t l l s l . r a r c e l s t i t 10Atl,eR~r SS r teen r r d r a a l e a da,e nruseiii tl st7e t.. w~1`sta 1 pp-y e' rer,enl termercond, rlor~ ci any contract or other do Lr, ent ndh e,p.et to e.i-L h Ih s cer' c e rray Gr Uued cr rnas pe'a n t`e s w re erl,rded by V .e pr', s de5C,be d bnem Is s.itlect to ail I'e len^,s, a<dus-ons and Bond bails o1 soCh porkyes nrir~r Lmitsol Liabilityln Thousandstbbb) P 1, 1t 01 N --RA_ I I r ~ I,Lr.,I r i GE M1' EL LIABILITY f Lr rI r. S f •r'rrE II 4'. . E: r I r~III IE L,,. :.I:rl,lr:.allr S S 11 n, L]ir i (rEpa' 4 r f' v.•r. .r A'.1'. NP.A,t AI I n.I rf'llel,If AAj b C7 Eq a, ifs Pr ft Fir L CJ A Nr, FrRICNAL r"1 ;U 51 4LSJ~,1 L INJURY A I AUTOMOBILE LIABILITY 13 IIiYINwpr r EArl:PER t Ord PRE NE4 E rr:ioAr RIrpILY INJUaf f L. o- Nt tEAr N An CIDENT1 I rl"4( ply OnlAA~t s UHPee ^rON rv+M ri P,IDILY Irv IrI aY dND - I'NUr'talr DfMAGF 1 [ft Mfi~NTO EXCESS LIABILITY a0GI1 v IN.IL'PY AND UMRAFUA FOR"A [p UrEarY CAMAG[ f OTHERIHAN F4,11lA [O,APINrp E Dwo WORKERS' COMPENSATION suluroav and EHPLOOTHER ABiLITY - _ _ $350p WO per job r• r1N A IJUI-RJ@k Balldera SPS13699 $700#,M totAJ catastrophe Mile dl PE 6[.RIP1roN OF OPE RA 00 N S:4oc!,1 IONS NENICLtS 1,0000 on property In traruit Additloi l titsdrdr rbe dity of Deaton Y Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, tha issuir; com- pany wili endeavor to mail .4`_ days written notice to the below named certifi,; Ile holder, but failure to mail such notice shall impose ro obligation or liabilily of any kind upon the company. NAME ANo ADO PE SS Or CE RT if IC A rE 11oi DLR ..+a GATE 15AI[t) City of D"ton Denton, Matra AuTRoRlzto a[rats[ u [ Vl^"D J5 E: lv) INSURANCE CERTIFICATE THIS IS TO CERTIFY THAT IN poky or policies, I my, described in items I Ihrouph 6 have bwn issued by tM Tema Employer) Irkurone Asio6ekbrs, and/or the Comployrs Cauehy Compmy, and/r tM Employers National Mswonce Company, ad/a the Enployrs Comity CrporoYon, and/or the E,rployerl National kwosce Crpre6m a nwr or lnwrs to RA Inwed detionoted n INS crfificeh, and that soch Such polity at pokioc "*I to the Emir of liability, 4eclusimt, ovisimi, conatims erd othYi. Irma thwool, we in h/ force orw eftrt a of the doh of this crlilicole. 11 my I.kh poky 6 cmtel•d w is not renewed oI the'",I of "llw der brurd ar Ar Ir"St. W H My N<h poky r rrnwal thrtof To charged in my moruyr or for my reason to an to of )«I &a Crtdkofe, 1M days' Fr'wr wriHM notice will be ewAed Y by dA rows to the certlfkote holds herein named. THE CERTIFICATE OF INSURANCE AS SHOWN IN THIS CERTIFICATE REMAINS IN EFFECT UNTIL TEN OATS' HIM WRITTEN NOTICE iS MAKED 10 THE CERTIFICATE HOLDER (of the address shown below) AS ABOVE PROVIDED, or if a dote is shown in the cok~ hooded "expiration doh' wed Irtivo a dal to** either upon loch dote. r 16 clote specified in writhes r ofke maid ton days prior thr•to, whiclvrr daft IIIOI first ocw. This certiFkatin 6 rot a join but is a sporote undrtohGsl of each of IM It"trwe carriers shown below. This crtilkote of inwmce is not on nsurarke porky and does not m rd, attend or ohs the covroy afforded by the policMS Esfed herein. Nofwithilmoli g my requirement, farm or conafion of any central or other docunwnt with r•spal to which this crtilkole of nswmee may be issued or nay prfain, the nwonce afforded by dw porkies P dexribed herein is %AiKt to as the forms, exchnims and condlims of s,kh parkin. j' NAME AND ADDRESS OF CERTIFICATE HOLDER EFFECTIVE DATE OF TH+S CERTIFICATE g December 17, 1960 ISSUED AT City of Denton Sherman, Texas Denton, Texas 76201 T8X88 En'IPLOYORa' InBUR8nC8 ABBOCfaTIOn EMPLOYBRB CBBUBLTY company NAME AND ADDRESS OF 'NSVRkD EMPLOV9RB NaTEonEll- inSURance company EMPLOYORB COBU8LTY B. F. C. Corporation CORPORBTIOn 1701 S. Montgomery Sherman, Texas 75090 EMPLOVBRB NBTIOnBL InBUR8nCe CORPORaTIOn r IY (Autlar:d Re Wt-"we) (Typo) Bob Sims Diet. r • INStAR WI IN Potq IMTS OF JASRITY NOT IESS MAN 1 •Plr6aw 1«A MdI441 ON• 1«A (r o•tw•«.) P« P•Rry 51AIIII AND [:.1 /eR.y Nv.ier Prr•e I Par P.111" Provide 6!'- IOCAf10N Of W O►LAfIONe Y Mom 1 TPw.M Ne F.Ny C•weR« Mrs, I•hir•,w••ta of 5 Q A 75460 t••« WMwei s GwR•ren•0 to. S i J4 P Cev«"• Olr'eu Oely eMil 011[00/ E W Rwfr It Wia• ■ 1s Te«N" /e• mesa.@ R X X iI001000 _ 11004000 g 1190 111 C•.`q• PAY C«.Ief E1M eke.e rlrea•Ne III 562751 Oklahoma J Mn«e Only 1` Cf.r044 Ii a W 4wfr a II•A- hr4N tee 61.11104 or W X ;100r000 $100r000 stew • Roar 6 1 P p al+n Pr•ewl• Only HS 11128461111111104 PO/SI/NONS AND CANADA Pryrty W R•Mwed H 0461e. _ t X X X Serp TAersel ee we§AI" N•w a Roary Mal alms" A"1146 WS V.S.C, ITS 111114110441111101 MN•rty AM lo"wel a sk". - M•t P461111s0N1 ANO CAMA/A Rlwwl• I sw•d see 1146004 X X X / APeRa44e News 1 6 P Poe Renewal N pe.i- Thermal! See 614441" If 1 f New S 1 - .E / W Lees N $so•Y. - - he~•n See Mesa 1 I 1 IEMAICS itC04590D Is 19) INSURANCE CERTIFICATE THIS IS TO CERTIFY THAT the policy or policies, if any, dakf;bW in if.nts I l rough 6 have been ihud by the Tom Employers k"once Association, and/w the Empioyere Cowdy Cmsyany, and/w she Employert iloti«ml Inwance Company, ord/w the Employers Coaaly Cwpwoik^ and/w the Employers Notional Inwmce Cwpwotim m Inwr w Inwers to the Nwo d de ' td in this certificate, wd shot e«h ueh poky or p-4k;ss. subject to the S"h of sabrTiy, luWYN, povisions, cmdifiwN and other INMI thereol, we in luf (wu and elect at of +4 dote of this eerNlrtate, If my &I pokry Is eoneAd ca is not ramwd of the rocims of either the Ineud a the ; rw, w it my such policy w m nnewol Nweof is chmged In my mourns or for my reason a m to alfec! this Certificate, ten day{ plor written notice will be maTed by ha inwer to the cwtilkole holderherein nomad. THE CERTIFICATE OF INSUTANCE AS SHOWN IN THIS CERTIFICATE REMAINS IN EFFECT UNTIE TEN DAYS' rk*a a WRITTEN NOTICE IS MAILED TO THE CERTIFICAIE HOEDER (at the oddrns shown below) AS ABOVE PROVIDED, or if o date H shown In the cok~ headed "Ospirotim date," such ir"mce Jul so** either upon Wch dole, w upon the date Iprifid in written notice milled ten days prim Ihre/o, whkhawr date Ad Tae occle, This certification b not a joint W is a separate undartoklnq of a«h of Ow kaxanee ewria shown below. this cwtificate of Inwmce Is not on inwance poky and does not omend, extend w cities the caverage afforded by "policies Isted herein. Nolwithrtandinq my rspurement, loom x c..ridfim of my <mh«t w ol4w docinooenl with res,nct to which this cestifkole of inworre may be iitwdw may pertain, the inwarre of}add by slat pokier P described herein is object to of the tesms, escloLons and conditions of wch policies. NAME AND ADDRESS OF CERTIFICATE HOLDER EFFECTIVE DATE Of THIS CERTIFICATE December 17, 1980 p ISSUED AT City of Denton Sherman, Texas Denton, Texas 76201 T8X88 EMPLOYBRfa' Ir1BURan!113 3 ABBOCIBTIOl1 EMPLOYBRB CBBUBLTY C0f11PBE1Y NAME AND ADORES$ OF INSURED EMPLOYOR9 NBTIOl1BL insunance company EMPLOVOR9 CBBUBLTY D. F. C. Corporation CORPORBTEOII 1701 S. Montgomery Sherman, Texas 75090 EMPLOYORB NBTIOn8L Il13URBf1C9 CORPOR8TEOE1 RY (Auttorsed Ro entotive1) (Signed) (Typal Bob Sims Diet. MV. M{IIRANCI W PODl1 IIM15 Of VASIITV NOT IESS THAN I.,trenea 1«h AW4M Due 1«a STAII o..era"s) err r.A.r IN Of AND AW Polky Maier re"o" r.r rW.y /reel.lees Or Ae,rrym IOCAT10/f OF 0101111010015 p New 1 Cerer"a $.ar c.wrMn With teedr.we"r of III - A 75460 T.." Wrkwe. i C.rrereti.. ter SQi [a.erge None Dry {RTI 01 TIAA/ Is I s Ao4 {.ones N INrA• lheselm r4iX X X 00,000 f 100,000 Cr. rase CewrNer wish I.erreme"r Sb2751 of {onto Lew 0)C1ahoma Neeese only 1 AnI' {eaerr .W• 1\40.80 Nee«M X X X S100r000 f i00r000 hsm t Boor Irfwy Dry V,/.A., M fOkN O1H11 Ot r0$61{{IOl1t AND CMIAIA all /reseny Ref 1. woes N IWiA. ~ ~ De..te Iheseel tae N.Mro X XX _ { - f hem a ~Iee617 N.e salary A/FA,sW N.I.A., lit TWI10MIt Ot rrcyeAy And te"rr N {Iw. Not POSAI~ AND CANADA De"* hreN see losses X X X { ArrA"we W {e oa,44 N /merles heseel {n N. N.y { { { AeA teeerr N Sri. hereW see Nasal E f Kk1ARtS I FCO A$90 D 13 14) INSURANCE CERVFICATE THIS IS TO CIITI►T THAT rM policy r politics, it my, described In items 1 drtwlh 6 have been issued by *@ Tom at Imploywi Inwanco AISO'46m, and/or the Employs. I Cawolty Campo+y, timi the Ewpbyers National Ins wo Cowpony, and/w the Employers Cosnhy Corprolim, wd(r the Employerl National Inwonco Corporation as Inww or Inwrs to 04 Mwred des led in this crtilkeb, and Oval owh xnh poky w policies, wbpcO to the Emus of Nobility, emcluslimt, for"Isims, condtWm and other forms therool, we In IJ Force and elf«I ON of tM dole of INt crlilnato. II my wth poky is cwKeled w Is not ren.wod at the ro"ol of either the Inwod w the Inver, w 11 my wh policy w my renewal threol It chirped In ovy mane w Iw any roown to 01 to elf«t INS Cerlifknle, ten days prior mitten notice will be mailed by IM inwer m the terldko4 holder, herein nonsrd. THE CERTIFICATE OI INSURANCE AS SHOWN IN THIS CERTIFICATE REMAINS IN EFFECT UNTK TEN OATS' PRIOR WRITTEN NOTICE IS MANED TO THE CERTIFICATE HOLDER (of the odd.«s shown below) AS APOVE PROVIDED, or II a dole Is shown N the calve hooded "apirotim date," m% alwwne she! espao motor span wth date, w upon the date sprdid in written noise solid Ion days prlar dsara'u, wNiehaver, date sbl fast occur. This cersfkamw 11 net a +Oint INA h o eepalale urdrtahln/ of /och of IM Inwrxe Iwrirs shown below, ?NO trtilicao of inwance is not an inmani palsy and does not omend, so Iend or Ohio the carwoW uHwded by tM polkiss listed herein. Nalwitf.standinp my requkemml, learn or condom of my cmhwt or DNw daumenl with respect to wNch No twi,fkato oI inwrrca anal, be [owed Or nay perloin, the irwonrs offrdd by She pokios P described herein is s.b'•«t to of the trms, erclutims and landitions of such palitim. NAME AND ADDRESS OF CERTIFICATE HOLDER EFFECTIVE DATE Of THIS CERTIFICATE DecFlmber 17, 1980 ISSVED AT City of Denton Sherman, Te-cas Denton, Texas 76201 y TOX811111 EMPLOVOREie Y EIIBURanl=8 ABBOCIf'ITIOn EE•IIPLOYORB COGUOLTY NAME AND ADDRESS OF INSURED company EMPLOVORlEl NEXTIOnaL inmupance company EMPLOVORS CaSUBLTY Be F. C. Corporation CORPORaTIOn 1701 S. Montgomery Shori=, Texas 75090 EEYIPLOYR3R8 NSTIonsL InBURBnc9 CORPOROTIon lV IAut Ised ountot raj IS~JI ITrpeaI Bob Sims Diet. MOI 0460RAWI W MCI IruTS CX IIAlrllTt NOT LISS THAN } Ilal to - INA MA4N aR` to 1«R r.. P91143, st6n AND 9M Peat/ Merger - Prsea IN OslwaMeS ov AMre/ete LOCATION OF OrIIAflON/ ru blq rrnl.law xata 1 Coverage /Par Ceerre« Wt.h 144Nr404", of A 75460 TamM WMLN~ 1 to pa«aKoe L.. Disease Drop SIMI OF TIXAI Coverage P 1 A.s R...w• N stairs. Iftweler SeaN.N1y_ _XXX _..,__SIOOr000 S100r000 hem f Carnage PANIC I ana RarrYeweNs 562751 .r H«. L.. Oklahoma N.e«. Only i~ ,.,at And lepewel Htlws• e ~ ts«ceF $40 MaNlra X X X $100,000 $100.000 Fier t 04115 A CAN D E~ h6err _n.dNt.o.Ir tt.SHAmt N err "r A" Io.aw.1 N Owes. /OAAIISIOMI Af/0 tANAA fsw.ae shoreel sire Modlry X X X _ ! 1 ttu a Iaday 1 Net Mlvrr Apeceete Y.LA, NI TIU111OI111 of cMLLeA 11,6040, AM I. e.. e: N alas. Y.• a Thereof to N.NIna X X X FoinSllola A" / e~rAlr.ue writs R.." - - 1 ~ s - Aed Iaas wait N 4ai• _ yRfuN ffa NffAq ! 1 ! *am 6 AM IeaeaM N Hari. _ _ there so $44 bloomad RE hLA10.S IECO 15100 IS ill !mss ~ INSURANCE CERTIFICATE THIS IS TO CERTIFY THAT the policy or polkiss, if soy, described in ifems 1 Hvouph 6 have been iuved by the Te.ot Employers Insurance Association, and/or ten Ernploywt Casually Company, and/w ifw Employers Notional Inwance Company, and/or Her Employers Casualty Corporation, and/w IM ER,&yws National Insworsto Corporation a Inwer or Inweri to the Inwd decipnafd In Oms cwUfkats, and that each wch policy or pokier, subject to IM limits of liability, e.cbdons, provisions, condtare and apher terms thereof, we In to force and effect as of the date of this cwNlkctts. If any such policy h cancelled or is not renewed at IM request of eldw the Inwed or " Inver, w if any such policy or ant rsnswd thereof is charged In any mwvwr or for my reonon so as to affect this Certificate, ten days' prb written notice will be moiled by the Inww to Ito cwlifkate holder herein named. THE CERTIFICATE OF INSURANCE AS SHOWN IN THIS CERTIFICATE REMAINS IN EFFECT UNTIL TEN DAYS' PRIOR WRITTEN NOTICE IS MAILED TO THE CERTIFICATE HOLDER (at fen oddrau shown below) AS A{OVE PROVIDED, or if a dote is dawn N the cokmt horded "eepirotian doh," such 4" arcs the *Vito MHrer upon Iuch dale, or Wm rtw dole stwi!id In written notice mdld fan days p'rp Oweta, wNcheWr doh "first orcur. Thit certification is not a iotnt but it a separate anderfoiwv of each of the In"ance carriws dawn below. TNs certificate of inwonce is not m Inwance policy and does not omend, ..tend a alter ten eoveroge alfordd by der Policies listed hwein. NotwilMtordinp any requirement, term w condom of my cmhoct w ofhw document with respect to which fNs cw silicate of lnwmce nay be issued or may pertain, the Inwance affwdd by Ow pc&c;n P described herein It fubject to 01 Nor terms, aeclw%Jms oral eondQfi"s of such policies NAME ANO ADDRESS OF CERTIFICATE HOLDER EFFECTIVE DATE OF THIS CERTIFICATE December 170 1980 ISSUED AT City of Denton Sherman, Texas Denton, Texas 76201 y T6XB8 EMPLOVORS' Y IC1BURenC9 ABBOCIATion EMPLOYORS CBBUOLTY company NAME AND ADDRESS Of INSURED EMPLOYORB NSTIOneL Insunance company EMPLOVORS CElBUBLTY B. F. C. Corporation CORPORSTIon 1701 S. Montgomery S',7enaan, Texas 75090 EMPLOYORS NSTIOrat InsURSnCe conPOREaTIOn By (Auftarlaed eprxyntotivo) IS,ii r - ` 7`~> X,,X) ITyDedl Bob Simbs Dist, Mgrs INSUSIANEI W rates ual1S Of IlA_eenf t101 usi tHAN _ lellnlr I IeaA ArAe..r 0.1e 2"t, Ter Ieeq EEAII AND lerru ter atrerrwe) Or A , ete LOCATION OF 00fitAIIONs 1110111 Polly Nentwer #a, Pee.y Pn drtew tar Q hew 1 G.wge IMy C..ya., nmrA AsgAr00 1 N Si` ( A 75460 1e.u 1FMY Lei. Ceriy.r eN ee l.r Jy j 74GV M..n. ory {rAn of luA6 ~ ~ Ce.ere0e D w Newsome H Iserw. Teerefer see NrNliy X X X sI-r00O SIM(Loq Nara 1 Cwerge Irtr Ce,eyeu With Wrerreeuw. A 562751 of Scre Lew Oklahoma 1111,46,4 0.11 Cerenrye j i 1 w Sao* was swM• TJmeel Sea e N.Nlry X X X i1 001coo $100,000 hew J Beal Wary 1 s _ / P'"Wil Orr V.1 A., Rs flIM0II11 M 10 5 511 6 40ill AND CANADA 0rryer4 w t.w.r N steeY• Deecess fbareel be Neeelaq X X X { s hew e $4411y y salary { 1 1yNs~aase V.I.A. , nl nluIORNI Do l7 POSSISS10N1 00 CANADA 9.004 W /.ee DIeA• N,r Deng4 fMr Hl l lea . NeeNry X X X / Ayysn Ale her 6 1 / { Isee.r N ste.►• And t6wer lee NeeQeO { _ _ _ { { . Neva 6 { . { 1 II Ner. w l.eewel Thee eel lee NrMrr { 1 { IEnWIS t ' ECO 45900 4319) INSURptNCE CERTIFICATE THIS IS 10 CERTIFY THAT dw pelry as poWP6, if my. d•tcri'i•d in items I through 6 hot* been issued by the T..ai Erployees Inwonar Atwistiati oral/or the Empbyees Cowoly Compony, and/or alts Imployers Natiatd Inwtirce .:onpony, and/or site Imployws Cmuolty Corpaalion, and/a the Employees National Etwonce Capaotion as Lnewso a Inwrsrt to dte Inmed d.signoled In tNs cwtil';uts, and that each PA% policy or policies, subject to tM Emits of lia6lity, excAniont, poviuonk cartdttiorr and othw teems 0. eel, ore in Iul lore and elfwt a of the t "'o of this cwtificale. If any arch popsy it cancelled or it not renewed at ate request of eNMr Ow Iftred a the Inww, or if cny such policy a anr renewal thereof Is chi pod In any monnw or for any roown w as to off"$ INS CerldNote, ten days' prior wilier notice w1 be moiled by "inwer to the cwnikats Soldw, hwein named. THE CERTIFICATE OF INSURANCE AS SHOWN IN THIS CERTIFICATE REMAINS IN EFFECT UNTIL TEN DAYS! PRIOR WRITTEN NOTICE IS MAILED TO THE CERTIFICATE HOLDER (at the oddren shown below) AS AROVE PROVIDED, or if a dote is shown in the coAwtn headed °e.p4etion dote," such Irwance old ewe eitltw upon wch cafe, or upon Rte date spwil: d in winm notice moiled ten days prior Ilwr•to, whichsvee dart. dal fist occur. TAk certification Q N not a )oW bul N a esparate und•rloling of eoch of the ir.txaxs corriws down below. TNt cwtifkals of lowatce h nol on lnwoec• policy and does not amend, amend or ahw the cn•woge 0welod by If* poruin listed heeein. Notwilhttondtng any nqulrrment, teem or condif ion of any contract or other document with respect to whkh Ks r«tilkate of inerance may be isuad at may pertain, the invowe offorded by polkiM described hwein Is "*I to as the Ion, er cbuons and conditions of wh polkin. NAME AND ADDRESS OF CERTIFICATE HOLDER EFIECTNE DATE OF THIS CERTIFICATE December 170 1980 li ISSUED AT City of Denton SherElan, Texas Denton, Texas 76201 - TBXGB EMPLOYBRBt • InBURanC6 AB®OCIaTIOn E1TIPLOY6RB CaBUaLTY company NAME AND ADDRESS OF INSVREO EMPLOYBRB NaTlonaL InsuRance company H. F. C. Corporation EITIPLOYARB CBBUBLTY CORPORBTIOn 1701 S. Montgomery Sherman, Texas 75090 EI'TIPLOYBRB WaTIOnaL InBURanCa CORPOROTIOn BY utltorI b spr ntatlvel lSi d) r ~ _ (TypedI Bob Sime, Diet. Mgr. INWRANtI W POREI ,ylnNee _IIru15 Of IIAMITf 1«1O .'E SS THAN - - ate L.N 1 r« Foley /Ten AND Foley _ LOCATION RW Peaty ,hanger O.ew~ rum Far recl ►n rldttwl Or Aggregoto LOCATION F'w t !scatty. .Or a Nar 75460 fan W«iwo etgau ~t tt bmraeomweotiNm L of • lsr bang. rtooero *,or STATl Of TIAAS E g Are goMwel It Heee• iNn/« 1e•Maele2 XXX $I00,000 s100r000_. hea ! Coverage salty Cos Wills ara.lr•weere ` A 6~751 d IrNO Low 5 Oklahoma llE 7 Nwre Only a 6 AN Losers/ a /N.a- XXX ``I~wnO heroes la 144641.8 $100,000 grW N•w 1 lallarly 1 1 1 rrethrrh O+r U.S.A., Of taRnall! 01 ANg CANAlA PryeHr Am Rosettes is llsee• somaeo tevaf gee Noowog XXX Hem t lalarr APrRroMe Ys. a., its JI ANS ells OR j Pnr«ty AM boettel is 4W • Not PONIEIIOIIi ANO CA/UOA I flwN honors be Y.aeing _.x x x - 6 - -ywcNCe _ ! l l Items f Anf e&I N Neese herared ,f W Nobly 6 6 6 Neese ! r t ! AN lew.el NlNeA• them, to. N.e Y ! / 1 llnMlES 160 4690 0 13 1-1 ri P, 1 'd r rn!' ^4 i' e r 1..1 t'~, m~%= In r ~A .k . ' r'~ . i'S' X+ F'i ~.-~!',X ~ h ii"••5 'i' A ~ ' t~:L'f~ ~ t'^•I ,~i,~.:!~ ' ~ ICI .2~ ~ 1. H~Illll,yp ! UNITED STATES FiDELI i' GUARANTY COMPANY 4I (A Stock Company) TEXAS STATUTORY PAYMENT BOND I "1 90nolty of this bond mod M 1001E of Cc mired anovot) STATE OF TEXAS i COUNTY OF ear:Numste 18-0121-I1337-80 KNOW ALL MEN BY THESE PRESENTS: R~ That-- B.F.C. CORPORATION, SHERMAN, TEXAS 1I 3<; (hereinafter called the Principal), as Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a ` corporation organized under the laws of the State of Maryland, and duly authorized to do business in the k Store of Texas, (hereinafter called the Surety), as Surety, are held and firmly bound unio___-_._.__-._..-__ _ CITY OF DENTON, DENTON, TEXAS - - - - (hereinafter called the Obligee), In the penal sum of ONE HUNDRED TWELVE THOUSAND AND 3 SIX HUNDRED THIRTY-TWO AND NO L'ENTS------------ _ _Dollar _ 1 112,632.00 ) for the payment of which sum well and truly to be made, we bind ourselves, our heir, admintstrotors, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Princlprti has entered Into a certain written contract with the Obligee, doted ihe.14TH day of_ NOVEMBER- 19_80, a copy of which is hereto attached and made a part hereof, for LABOR AhD MATERIALS FOR THE CONSTRUCTION OF THE CITY OF DENTON HUMANE SHELTER- t. PHAEE 2, DENTON, TEXAS I a I I, s NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the sold Principal shall pay C!' oil claimants supplying labor and material to him or a subcontractor In the prosecution of the work provided `P for in sold contract, then, this obligation shall be void: otherwlse to remain in full force and effect, j PROVIDED, HOWEVER, that this bond Is executed pursuant to the provisions of Article 5160, Chapter i a, of Vernon's Revised Civil Statutes of Texas as amended by the Acts of the Regular Sesslon of the 56th Legls- loture, 1959, and all liabilities on this bond to all such claimants shall be determined in accordance with the provisions thereof to the some extent as if It were copied of Is ngth herein. IN WITNESS WHEREOF, the sold Principal and Surety have signed and sealed this instrument this 24TH __d NOVEMBB4: $19 80. _.ay of B J W CORPORA 0 _ aq I~ PRESIDENT -4 UNITED S FIDELITY EL AND O)ijK/RA,NT~Y COMPANY _ DEBBIE CARTER Alfcrnoy in bd ~antraet t14 (Tau) 11.611 m r TS_ .i11 ,T( +Tlr i 77i 1 ~f m t~ i V ~l M UNITED STATES FID10 VL,MARANTY COMPANY ~Jj 14 (A Stock Company) `s TEXAS STATUTORY PERFORMANCE BOND r' (Penalty of this bond must be 100% of Contract amount) i STATE OF TEXAS 18 OI21 1137 80 COUNTY OF BOND NUMBER a KNOW ALL MEN BY THESE PRESENTS: i; H.F.C. CORPORATION, SHERMAN, TEXAS That i (hereinafter called the Principal), as Principal, and UNITED STATES FIDELITY AND GUARANTY COM- PANY, a corporation organized under the laws of the State of Maryland, and duly authorized to do business In the State of Texas, (hereinafter called the Surety), as Surety, are held and firmly bound unto CITY OF DENTONr DENTON( TEXAS i ONE HUNDRED TWELV,'.' TNnrtSAND AND (hereinafter called the Obligee), in the penal sum of, f' SIX HUNDRED THIRTY-TWO AND NO CENTS 7--77--77------------77777777777---D0Ila rS for the payment of which sum well and truly to be made, we bind ourselves, r ° our heirs, administrators, executors, successors and assigns, jointlyand severally, firmly by these presents. WHEREAS, the Principal has entered Into a certain written contract with the Obligee, dated the t:'' Q' R4PA day of... N.QV04AAR........ 19.60.., a copy of which is hereto attached and made a part hereof, for f; i LABOR AND MATERIALS FOR THE CONSTRUCTION OF THE CITY OF DENTON HUMANE SHELTER- 4 )i PHASE 2, DENTON, TEXAS sa NOW9 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. I PROVIDED, HOWEVER, that this bond is e.;ecuted pursuant to the provisions of Article 5160, Chapter `i 4 of Vernon's Revised Civil Statutes of Texas as amended by the Acts of the Regular Session of the 56th Legislature, 1959, and all liabilities on this bond shall be determined in accordance with the provisions aa.i thereof to the same extent as if it were copied at length herein, `d IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument this 14TH , ,day of.. NMMPP ........19,e0.. i RPORATIOI 4d4~ L~1~-rC arc.' .~i eal) i PRESIDENT.......... II .(Seal) UNITED STAT WL EL1TY AND ARANTY COMPANY By. /.'.C~<'.. (Seal) DELBIE CARTER ttorneyln-fact F CcWW 21.! (Tnu) (4-66) CERTIFIED COPY GENERAL POWER OF ATTORNEY No......,.11.90061 1l0140 ts 1111 Alen by rAese Press ndt That UNITED STATES FIDELITY AND GUAMNTY COMPANY, a corporation organized and existing under the laws of the State of Mayland, and having Its principal office at the City of Baltimore, in the State cf Maryland, does hereby constitute and appoint Debbie Carter of the City of Bonham , State of Texas , im true and lawful attorney In and for the Sate of Texas for the following purpmea, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and an seta and things set forth In the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certi5ed copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES FIDLL1TY AND GUARANTY COMPANY, through us, its Bored of DGectoa, hereby ratifies and confirms all and whatsoever the said Debbie Carter may lawfully do in the premises by virtue of theca presents. to WiWom Whavof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has reused this Instrument to be sealed with its corporate sea6 duly attested by the signaium of its Vice-president and Assiwat Secretary, this 2nd day of 'tovenber A. D. 19 7 9 UNr= STATES FIDELITY AND GUARANTY COMPANY, Si Thomas A. Zecha ( gned) 8y,.... Vke•Preshfsns. (SF,AL) Robert C. Bruce (Signed) , .fu4tau Secsrra~. STATE OF MARYLAND, u: BALTIMORE C[TY, 111 j On this 2nd day of N O v e mb e r , A. D. 19 7 g, below me personally cove Thomas A. Ze a ha . Vice-president of the UNITED STATES FIDELITY AND GUARANTY COMPANY and Robert 0. Bruce , Assistant Secretary of said Company, with both of whom I am personally atgatiazed, who being by me severally duly sworn, said that they, the mid Thomas A. Zecha and Robert G. Bruce were respectively the Vice-president and the Assietant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney; that they each knew the anal of said corporation; that the seal affixed to mid Power of Attorney was such corporate sea), that it wsa so feed by order of the Board of Directors of mid corporation, and that they signed their names thereto by like older as VievPresldens and Assistant Secretary, respectively, of the Company. Sty commission expires the first day fn lay, A. D. 19.. 82.. (SEAL) (Signed) l4argaret 14. IHurst Notary Public. STATE OF MARYLAND Sct BALTIMORE CITY, L William Allen , Clerk of the Superior Court of Baltimore City, w1:rA Court Is it Court of Record, and has a seal, do hereby certify that Margaret M. Hurst , Esquire, before whom the sneezed affidavits were made, and who has thereto subscribed Ids name, was at the time of so doing a Notary Public of the State of Maryland, in and for the City of Baltimore, duly comtnlulaced and sworn and authorized by law to administer oaths and take acknowledgments, or proof of deeds to be recorded dwreia. 1 lutthet certify that 1 am acquainted with the handwriting of the said Notary, and verify betkve the sig alum to be his genuine signature. !n leadreaowy f7AenoJ, 1 hemto set my hand aad affix the real of the Superior Coors of Baltimore Clq, the time being s Court of Record, this 2nd day of November A. D. 19T9 (Saar) (Signed) 5{ilAAi9m.Al.den........................... Clerk of tke Superior Cowt o/ Baltimore City, its 3 (477) COPY OF RESOLUTION That IPhereas, it is recretary for the effectual transaction of business that this Company appoint agents and stcorneys with power and authority to act for it and in its name in States other than Maryland, and in the Territories of the United States and in the Provinces of the Dominion of Canada and in the Colony of Newfoundland. Therefore, be is Resofred, that this Company do, and it hereby does, authorize and empower its President or either of its Vice. Presidents in conjua,tian with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons as attorney or attorneys-in fact, or agent or agents of said Company, in its name and as is act, to execute and deliver any and all eon• tracts guaranteeing the fidelity of persons holding positions of pubbc or private trust, guaranteeing the performances of contracts other than insurance policies and executing or guaranteeing bonds and undertakings, :equfred or permitted in all actions or proceedings, or by law allowed, and Afsr, in its name and as its attorney or atiorneyain-Act, or agent or agents to execute and guarantee the conditions of any sad all bonds, recogniunces, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law, municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces of the Dominion of Canada or of the Colony of Newfoundland, or by the rules, regulations, orders, customs, practice or discretion of any aboard, body, organization, of:e or officer, lank, municipal or otherwise, be allowed, required or permitted to be executed, made, taken, given, tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons, corporation, body, office, interest, maxlcipality or other association or organization whatsoever, in any and all capacities whatsoever, conditioned for the doing or not doing of anything or any conditions which may be provided for in any such bond, recognizance, obligation, stipulation, or undertaking, or anything in the nature of either of the same. j, David 14. Engler , an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given by aald Company to Debbie Carter of H o n h a n , Texas , authorising and empowering her to sign bonds as therein set fo;1,, wbicb power of attorney has never been revoked and is still In full force and affect. And I do further certify that said Power of Attorney was given in punuanca of a resolution adopted at a regular meeting of the Board of *ectcn of said Company, duly called and held at the office of the Company in the City of Baltimore, an the 111h day of July, 1910, it wblch meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct copy of said resolution, and the whole thereof as recorded in the minutes of said meeting. In Teaduseuty Whereof, I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY COMPANY on 121:4180 (Dote) ,fsri an~rerary. CITY OF DENTON DEN'PON, TEXAS 2 Pc,nev Pe, r DECEMBER 17,1980 to DECEMBER 17,19 12 01 A M =ta,da•T t -e ar the W,ess of the Named Insured as staled he THE `,p4 u114 M COMPANIES United States FIderdy and Guaranty Company l Fideray and Guaranty Insurance Underwriters, Inc. E I The f011CMtrlg form your policy: ' Polley Jacket iontalnlns Definitions, Supplementary NOWELL•OEVENPORT & ASSOCIATES, INC. Payment:, Conditions and the Nuclear Energy Liability l ? Exclullon; CALL FORMS OF Declarations designating issuing Company; tnd;cL9ing cavarage Ahd,limits of liability afforded; ' PNDNE$: 9978599; META,7: A041929 F p. Coverage Parts expressing coverage and limitations 16091 M047H CENTER 9TAEEr BONHAM, TEXAS 75418 thereon; 'i Endorsements, if any. Cmm0, 1(9-19)1AC 00 00 ,Rn 11 131 UNITED STATES FIDELITY AND GUARANTY COMIANY, .//Ir~~rnrrrr.. •rrylnnr/ OWNERS' AND CONTRACTORS' PROTECTIVE LIABILITY INSURANCE COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR DECLARATIONS pr tern 1 NAMED INSUREO and Address 1No, 6 Street, City, County, State, Zip Codel Policy Number 3CC 86262 71 Renews NEW CITY OF DENTON The Named bsored is, ❑ Individual ❑ Partnership ❑ Corporotlen DENTONa TEXAS Ejother{specify) Busine^s of Named lastrod MUNICIPALITY L J Agent or Broker and Address Item 2 Policy Period NO1fELL-DEVENPORT E ASSOC. INC. a From DECEMBER 1791980 to DECE NBER 1791981 BONHAMs TEXAS 12 01 A M. standard time or the address of the Mimed Wired as stated herein. item 3 The insurance afforded is only with respect to such of the following Coverages es are indicated by specific premium charge or charges. The Innd of the Company's OWI ity ailalrsi each such cn,rerage shall be as stated herein, subject to all the terms of this potty having reference thereto COVERAGES LIMITS OF LIABILITY ADVANCE PREMIUMS - - A 8ad~ly Injury Eab~nty $ 500 , 000 each ocearneu S 53 B Property Damase L abibty S 100 .000 each occurrence _ $ ___300 .000 aggregate - f 30. Wil Period Arnual, unless otherwise des gneted below ❑ S.,m, annually ❑ ouorterly L} Monthly Total Adnseo Prllahlo S 83. Ithe polperiod is more than one year and the premium is to be paid in instlfiments, premium installmenls are payable as follows: Efecrwe nit! S ) Ist Anniversary S i 2nd Anniversary $ Cescrlptlea of Wards (PF 32) Code No. Rates Adrace Proolimor - - Tee rating classdtatians be.cw do not mnd~fy Premium Basis Bodily Property Badily ProP+h the evclu<ions or clh=r terms of this insurance IAjory Damage Eajry all Cast Per $100 of Cost CONSTRUCTION OPERATIONS- (NOT RAILROADS) EXCLUDING OPERATIONS ON BOARD SHIP 16292 1120632 .047 .022 53. 30.MP Increased Limits Basic Charlie lPF 11) 9890 Endorsement Nos, 1-GL-0103 to Lot Ali Prualus f 53 • S 30 • Des pnalion of Contactor: B.F.C CORPORATION - - V ailing Addra:e: , P.O. BOX 1121 SHERMAN, TEXAS 75090 Location of Covered Operations DENTON, TEXAS L] Check here if the follcwing provisiun is applitable! The person or mgenitaticn designated aLeve as Ore Contactor h'as undeilahen to pay the premium for this policy and shall be entitled to receive any return premiums, it any, which may become payable under the terms of this polity. rile AIYUat slot floor COV7aAtI PROVISION$) e Counteuigned by Aulh rlt d eplesentaYrre GaultV N TI•t71 (Nov. 1.1•771 I C JVIILAGE A-RODILY INJURY LIABILITY j) to loss of use Of tangible property wbrch has not been physically Alued or destroyed C~Vill B--PROPERTY DAMAGE LIABILITY resulting from 1 She C (1) o delay ih or lap of performance by or on behalf of the Named lisartl o' any o+np lly will pay on behalf of the Imsind ell sums which the i;aund shall become control or tgaeememt, or legally obligated to pay as damages because or (2) the Gllure of the Naval Issrel's predicts or work perf;rmed by ur on behalf A. bodily relief or of the Naatf Ittered to meet the level of performance, quality, dness of dura bllia warranted or represented by the Nand Iasorl B. propriety damage but this r , resion does not apply to loss of use of other tangible property resulbnQ to which this policy applies, caused by an ocearraaes and arising out of (I) operations from tha 'den and accidental physical injury to or destruclioe of ',e Navel performed for the Navel lasuel by the contractor designated in the declarations it the events p,edotts of worrk performed by or on behalf of the Ill Imsorel alter location designated Dori or (2) acts or omissions or be Named Iosml in connection Ouch products or work have been put to use by any person or organration other with his general supervision of such operations, and the Company shill hive the right (hear in lewd. and duly to defend any suit against the leswl seeking damages on account of such l ify hairy or property /awAap, iii it )ray of the NlegaDons of the sat are groundless, Il PERSONS INSURED false or fraudulent, aafa4 mall such 1r(resligation and settlement of arty dim or wit as if deems expedient, but the Company shall not be obligated to DIY any alarm or Each of the following is in Iaewd under this policy to the edent set forth below. been ure hauor to sld9 defen any or psettlemeents of the Campanys liability has (a) if the Named l sirod is designated in the dec aralbns as an Ad viddal, the person payrenl ofitjudgments the so des:gntted and his spouse; tulydo~r f ~l{(;L,w i.i dt.UOJ (b) It the Naatd lateral! Is designated in the declarations as a partrerp or joint venture, the partnership or joint venture so designalco and any partner cr inember This galley does not apply thereof but only with respect to his liability is such; (a) to liablLlyassoarid-0y Ulieiti"r any eonlnct or agreement except in I l (c) if the Named Waref is designated in the declarations as other than in indvndual, festal Ceatract; but this exclusion does not ripply to a warranty that work performed partnership or joint venture, the ortianiration so designated and any executive officer, by the designated contractor will be done in a workmanlike manner; director or sto0hotder thereof while acting within the scope of his duties if tb) to Vf44Wy.ce.pnperty imago occurring after such; and (1) all shirt r; the project father than service, maintenance or repairs) to be per (d) any person (other than in emplevel of the Named, lesorel) ur organ raltnm wh It formed by or an behalf of Oho Named IAIKal at the site of the covered operations ling is real estate manager for the Named Insured, nos been completed, nr (2) that patron of the des;gnated contractor's wort out of which the injury or III LIMITS OF LIABILITY damage arises has been put to its intended use by any person or organization Regardless of the number of (1) Issonb under Ilia policy, 12) persons or urgan,zabrms other ,hart another contractor or subcontractor engoged in performing operations_ _0p 1yiitain Iodillil ry of properly Wage, or (31 cla one made or sits braugal on foul . p)Ftdpas,n apart it thesasyepcbjelt..l. .c 1 a .scdtuwtJof bodily l air property' fnmaga, the Compaq y's ,ab. re is lim,tel as U) try'"ly Injury c #riperlyMdr/ga ark boil d f~r2cf ar omission of the Named folrows, hilarity ear of his egpJ~e~ y{Ary ~~enblpL,snpervisian of work performed Coverage A-The total liatllity of the Company for all damages, ncludng camages fur the Kali }asurel by the des gnoted contractor; for care and 'loss of services, because of bodily Injury susta red by are or more (d) to any obbgatrom far which the leisured or any carrier as ms insurer may be held lpiabll ly stated IIn theodeclanfonstasrapplicable too"each ooteirremce,"of bodily iajory liable under any workmen's compensation, unemployment compensation or disability benefits law, w under any similar law; Coverage I - the total liability of the Company fur ill damages becoose 0 all property damage sustained by are or more persons or oiginozalions as the resell of any one lel to bodily iojery to any employee of the Issofed arising out of and in the course cf ottmrreset shall not exceed the limit of property damage I abil ly staled in no his employment be the Waned er to troy obligation of the laserd to indemnify declarations as applicable to "each rctorrlaii another because of damages arising out of such injury; but this exclusion does not apply to riabili!y assumed by the losanl under on Iotikabl tsitracl; CSoubjmpaectny to for the all above damagees b bseecacause reso} all pecting "ea property "each ddaaotc mma the total r rille p the agge e to to which IAi s pcrtrage eppf!es top to property lanoge to still root exceed Me limit of property damage liability ste!ed in the declaratons au (11 property owned oz occupied by of rented to the Iwsared "aggregate', if more thin one project is designated in the declarations, such align late limit shall apply sefor t ly with respect to each project, • (2) property used by the latanf, Covers Arid 1-For the purpose of determining the limit of the CoVa y"s hetihty, (3) property in the care, custody or control of the hserll or as to which the Imserel all 11151 rolury end property damage eriying cut of contmunus or repealed exposure to is for any purpose exercising physical control, or wbetent ally the some general conditions shall be considered as arising out of one (41 work performed for the Iosaril by the designated contractor; oeewffmt. (g1 to 141111 Injury or property laaagg duo ,lo war, whether or not declared, civil war, IV ADDITIONAL DEFINITION insurrection, rebellion or rerolut'am or to any Oct or condition incident to any of the yehen used in reference to this insurance (r.luding endorsements forming a part of Ioregding, oith respect to 11) lability assumed by the Wished under in roslkabl tataap NJ s pwis for y"I Jnder R ICLIdtegr~ylryValfiii 1rdywr the policy): of . thebo % "test" meanJq~,Vl,teet (p ~P Igil lffire9, on itp deepK M op Wlisng per fhb to ine leJory or property lima{a uisng oral of III the awnershl formed for t 4 arse refined duimg t e pal ce period by independent contractors of t or unto G, maintenance, all wart let or sublet in connection with each specd,c project, including the torsi or operation, use, to or T algal of any moll±a e,ufpaest while being used in any all labor, ma~f++yy fifi(e]~rr~t ,j(e(pyjhed, used or dehrerrd for use in the execut on l pro fringed or Organized iii speed or demolition contester in any stunting of such work, oho er furnafied Ey the owner, contractor or subcontrauca, nclud ref act vlty or in practice or preparation for any such contest or activity or 12) the all tees, allowances, bonuses or commissions made, as d or due; operate n or use of apex snowmo de or trader designed for use therewith; c, "work" includes materials, parts and equipment furnished in connection thermth, (1) to dal 01010 r frojoi~iiia irisin`t out of the discharge, dispersal, release of escape ofseseko, upon, so lahl ot, tlsdds, ylyalis, toxic chemltals, liquids or gases, Y POLICY TERRITORY waste materials or other irritants, contaminants of pollutants into or upon land, the atmosphere or any watercourse or body of water; but this exclusion does not This policy applies only It. bully Wilily or property damage which occurs within the apply if such discharge, dispgrsal, release or escape is sudden old accidental; porky territory. a (f•ya} r tawuatr 30 r ' GL 61'03 , (Ed. 05 7') This endorsement loans apart of the policy to which attached, effective on the inceplioo date of the policy unless otherwise slated herein. (The Iol,owing Inlormalkn Is required only when Ihis endorsement Is n:ued subsequent to preparation of polr:y.) Endo sement effective Policy No. Endorsement No l Named Insured Countersignec by (Authorized Representative) GENERAL LIABILITY • AMENDATORY ENDORSEPIENT-NOTICE (Teua) As respects lodily irlury liability coverage and properly damage liability coverage, unless the company is prejudiced by the Insured's failure to comply with the requirement, any provision of this policy requiring the Insured to live notice of action, occurrence or toss, or requiring the Insured to forward demands, notices, summons or other legal process, shall riot bar liability under this policy GL 01 03 05 73 sarnings or limitatica of remuneration ruts applicable in accords" with the manuals in use by the Company; 5, Comprehensive General; SMP Liability Insurance-"ales" means the gross amount of money charged b~ the Named Insured or by others baling under his name for all goods and products sold or distributed ludo` the policy period and cha+ge,l during Iha policy period for installation, servicing or repair, and . Includes taxes, other than tares which the Named Insured and such others collect as I separate item and remit directly to a governmental division; t ( Casually 95 (1.79) , UNITED STATES FIDELIUJALGUARANTY COMPANY FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. BALTIMORE, MARYLAND if DESCRIPTION OF TERMS USED AS PREMIUM OASES COMPe1ENENVIVE GENERAL LIABILITY INSURANCE MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE OWNERS, LANDLORDS AND TENANTS LIABILITY INSURANCE ' SMP LIABIL!TY INSURANCE When used as a pramium basis: e 1 eomprehensill Genets, ownera', Landlords' and Teeantis SMP Liability Insurance-"alwlfslal" means the Iola[ rummer of persons, Well thin Impldytes of Ilre Named Insured, admA:ed to the 0001 insured or to events conducted on the premises whether on paid admission tickets, comp[imal tickets or posses; 7 Comprenensve General, Manufacturers' and Contractors; pwnen', Landlords' and Tenanti; SMP Liability Insurance -"cost" mean the total cost to the Named Insured wlh resreel to ;,erali0ns performed for the Named Insured during the polity period by independent contractors of all wok let or sub rot n ecnnil a th each soil prgect, mcl461 roe cost of all labol, materials and equipri furnished, used or deGVered for use ~n Ile execulion rot such wars, whether furnished by the pwnep, contractor or subcontractor, including an fees ollo.,ances, bonuses or Comr ions made, pa,61 or due; 7, C~mprehens've General. Manufacturers' I,ld C+nbadori; owoen', Landlords' and Tenants'; SMP Liability [nsurance-"raeetpti' means she gross omounl yr money chivied by the Named tnsured for sirch operations by the Ii Insured or by others during the policy period as ore rated On 1 receipts basis ether OF ril frYn lelecect.ng, broadti Xmg or mcli On p'clures, and includes taxes, other than tares which the Named Injured collects a1 1 separate wr and remdj d'irediy to 1 lovern,menl8 d'w1;i0n, e. Comprehensive Gerona; Manulaclurai end Conliactms'; Owner, Landlords' and Tenants, SMP Liability Insurance which includes coverage R. struclurat alterations, new constfuct'on and demolition operst;ons-"romia lto" mil the entire remuneralion earned durinS the policy period br propiie,Ors and by o4 employll of the Named Insured, other than chauffeurs (except operators of mobile equipment) and aircraft pilots End copilots, subject to ary Overtime arnmgt or I'm,tat'On of remuneralion rule Ippbtable is accordance with the monuah in use by the Company; S, Comprehs sire General; SMP Liability Insurance-11111" means the 17051 amount of money charged b the Named Insured or by others Irading under his name for all goods and products sold or distributed durln the policy period and charged during the policy period lot installation, senicirj or rejoin, and . includes taxes, Other than lazes which the Named Imsurel and such others Collect at a separate item and remit directly to a governmental division; 1 f Ga:unr 95 11.991 ? , (Attach Detlaratione, Coverage Parts and Eedorsemests here.) j SUPPLEMEMARY P/,YMENTS L . The Company will pay, in addition to the applicable limit of liability, liability of this pe icy, and the cost of bail bonds required of the leisured because of accident or tran,c law violation aris'ng out of the use of any vehicle to which this (a) all eaperases incurred by the Company, oil torts lazed against the lasured in any policy apples, not to exceed $2S0 per bail bond, but the Company obeli have no suit defended by the Company and all interest on the entire amount of any judg• obligation to apply for or furnish any such bonds; ment therein which accrues after entry of the judgment and before the Company (c) expenses incurred by the Insured for first aid to others at the time of an accident, has paid or tendered or deposited in court that part of the judgment which does not for bodily injury to which this policy applies; exceed the limit of the Company's liability thereon; (d) reasonable expenses incurred by the Insured at the Company's request in assisting (b) preen urns on appeal bond: requi•ed in any such suit, premiums on bonds to release the Company in the investigation or defense of any claim or suit, including actual attachments in any such suit for an amount not in excess of the applicable limit of loss of earnings nor to exceed $25 per day CONDITIONS 1. Premiw All premiums for this policy shall be computed in accordance with the 1. Other dsuronce The insurance afforded by this policy is primary insurance, except Company's rules, rates, rating plans, preen ums and minimum premiums when stated to apply in excess of or contingent upon the absence applicable to the insurance afforded herein. of other insurance. When this fnsurance is primary and the Insured has other insurance Premium designated in this olicy as "advance premium" is a deposit premium only which is stated to be applicable to the joss on an excess or contingent basis, the which anal be credited to the amount of the earned premium due at the end of the amount of the Company's liability under this policy shall net be reduced by the existence policy ponod. At the close of each period (or part thereof terminating with The end of of such other insurance. the policy period) designated in the declarations os the audit period the earned premium When both this insurance and other insurance apply to the loss on the same basis, shall be computed for such period and, upon notice thereof to the Named lssurel, shall whether primary, excess or contingent, the Company shall not be liable under this policy become due and payable. It the total earned premium for the policy period is less than for a greater proportion of the loss than that stated in the applicable contribution the premium previously paid, the Company shall return to the Named Insored the unearned provision below: po lion paid by the Named Inserel. (a) Contribution by Equal Skates. II all of such other valid and collectible insurance The Named Insured shall maintain records of such information as is necessary for pre• provides for contribution by equal shares, the Company shall not he liable for a mium computation, and alll send copies of such records to the Company at the end of greater prupstion of such less than would be payable if each insurer contributes the policy period and at such times during Ice perky period as the Company may direct, an equal share until the share of each insurer eqauals the lowest applicable limit of anliiy under any one policy or the full amount of the loss is paid, and with its act 2. Inslosc a and Audit The Company shall he permitted but not obligated to inspect to any amount al loss not so pil the remaining insurers then continue to conclule the Named leserell property rd operations at any tire, equal shares of lye remaining amount of the loss until each such ins~rer has paid Neither the Company's right to make inspections nor the making thereof nor any repgrt its I~m'I in full or Ile full amount of the loss is paid. thereon shall consldute an undertaking, on behalf of or for the benefit of the Named (b) Conlrilerion If limits. If any of such other insurance dues not provide for con healthful, others, to determine or warrant that such property or operators are safe or tributicn by equal shares, the Company shall not be liable for a greater proportion he, or are in compliance with any law, rule or regulation. of such loss than the applicable limit of liability under this policy far such loss The Company may examine and audit the Named Insured's books and records at any time tears to the total applicable limit of liability of all valid and Willi insurance during the polio period and extensions thereof and within three years after the rural against such loss. termination of IN policy, is ter is they relate to the subject mailer or this insurance. 7. Stbfoli in the event of any payment under this policy, the Call v shall be y. Plnaclol Itespoullility Laws When this policy is certified as proof of financial subrogaled to all the Insurer's rights of recovery therefor Ni inst any responsibility for the future under the previsions of person or organifaliow and the losered shall execute and dallier instruments and lapels an motor vehicle flnanciat responsibility law, such h.iurance as is afforded by this and do whatever else is necessary to secure such rights. The level shall do nothing to cy for holiy lijory liability or for property damap liability shall comply with the after loss to prejudice such rights. provisions of such law to the extent of the coverage and limits of liability required by such law. The Issgred agrees to reimburse the Company for any pa ant made by the 1. Changes Notice to any agent or knowledge possessed by any agent or by any other Company which it wield n71 have been obligated to make under the terms of this policy person shall not effect a waiver or a change many part of this poll except of the agreement contained in this paragraph or estop the Company from asserting any right under the terms of this policy; nor shit the terms of this policy be waived or changed, except by endorsement Issued to form a part of this policy signed by an authorized representative of the Company. 4. lorurel'a Dallas IN the [vest sit Goewrotes, Claim of Slit anyy (a) to the event of in aenrruea, written notice containing parliculais sufficient to 1. Assignment Assignment of interest under this policy shall not bind the Contra identify the Iosar d and olso reasonably obtainable information with respect to the until its consent is endorsed hereon; if, however, the Named Lsarel time, place and circumstances thereof, and the names and addresses of the injured shall die, such insurance as is afforded by this policy shall spi (1) to the Malted and of available witnesses, shall be given by or far the terra/ to the Company or stove of hes'luep as stative, II t withal respect to the Insured. bit property off acting the any of ib authorized iii as soon as pact cab e' to the pers,,n hav a pproper temporary custody thereof, is lasord, but only unlosired, til the Ibj It claim Is made or Suit is brought against the Insured, the retired shall immedi- appointment and qualircalion of the legal iepresenlatia. a:elr forward to the Compsnr every demand, notice, summons or other process rectived by him or his representative, 11. iaru year Policy II this policy is issued for a period of three years, any limit (c) The [insured shall coo eratd with the Com an and, upon the Company's re nest of the Company's liab'rdy stated in this ppolcy is "aggregate" p D f shall apply separately to each consecutive annual period thereof. assist In Wit gmVements, in the conduct o suits and in enforcing any ri t of eonlrbition or indemnify against any person or organization who may be bale to the Iuared because of injury or dal a with respect to couch insurance it ifforded 11. Concelalion This policy may be canceled by the Named rosvel by surrender under this policy; and the Issi nail attend hanngs and Iriais and assist in thereof to the Cumpany or any of its authorized agents or by mailing securing and giving evidence and Obtaining the atlendance of witnesses, The lasuel to the Company written notice staling when thereafter the cancelat'mn ull be effective. shill act, except it his own cost, voluntarily mare any payment, assume any oblige- This policy may be canceled by she Company by history to the Hamel lospred at the lion or Jul any expense other than for first aid to others at the time of occident, address shown in this pallor, written notice ataf;nq whet not lass Ihan ten days 1Aere• after such cancelation shall be effective. The mating of notice is aforesaid still be sufficient proof of notice The time of surrender or the effective dote of cancelation 1. Aci Agalast 'employ No action shall Ile against the Company unless, is a con• stated in the notice gall become the end of Ire policy period. Delivery of such written dit on Drecedent thereto, there shall have been full com• notice tither by the Named Insured or by the Company shall be equivalent to mailing. p Inet with all of the terms of l is olicy, nor until the amount of the Itsurefs If the Hemel fal l ce, cars, earned premium shall be computed in accordance with obbgalfon to pit, shell hove been fintlPy OehrmineJ either by judgment against the the customary short rate li and procedure If the Ccmpanp uncele, corned premium Issued after acal trial or by written agreement of the Insured, the cleimart and the shall be compered pro rata. Premium adjustment may be made either it the time canCompny, celalion is effected or is Soon is practicable alter cencelatma becomes effective, but person or arganltation or the legal rvpresenlallve thereof woo has secured such payment or tender of unearned premium it not a condition of sari ldion. 'u mont of written agreement shall t ereafter be entitled to recover under 013 polio to "h extent of the Insurance afforded by this policy. No person or orlanizalion shaft 12. DoelaraNops By acceptance of this policy, the poll Iostnd agrees that the have any rllht under this ppolicy to }}ooin the Company is a party to norr action aQNnst stilemen s in the dechrelions Sri h s s reemenls and rrpresent. the :roarel to determine Tha tasonsl'I liability, nor shall the Compeer be implea4ed by Lions, that this policy is issued in reliance upon the frill of such representaticm and the dsarol or his legal representative Bankruptcy or insolvency of 'he 'xsmd or of that this policy embodus all Still existing between linnsetf and the Company of the floaters esters Shall not relieve the company of any of Its obL,*,ntml hereunder any of its agents rehting to this insurance. NUCLEAR ENERGY LIABILITY EXCLUSION I Applieoble to oil co.e, oges e.cept Ccmprehe is! we Per son ol, former's Comrrehensise ►usunol, and Famlly Aatomol lel 1. This policy does not aoply. "huardous properties" incline radioactivi toxic or explosive properties. A, Under any Liability Coverage, to bodily Injury or property fanage "nuclear material" means source material, special nuclear makrial or byproduct material: (1) with respect to which an Insured under the policy is also an insured under "source material", "special nuclear maerlal', and'Lyproducl maeriaf" have the meanings a nuclear energy liability policy issued by Nuclear Energy Liability Insurance given them in Ire Atomic Energy Act of 1954 a in any law amendatory thereof; Association, Mutual Atomic Energy Liability Underwriters or Nuclear losur• ante Association of Canada, or would be an insured under any such policy "spent tail" meant any fuel element or fuel component, solid or liquid, which has but for its termination upon exhaustion of its omit of liability; or been used or expensed to radiation in a ncla( reactor; 0 resulting from tl;e lazardoes properties of nuclear material and with respect 'leash' means any waste material to whim to) any person or organization is reyired to maintain yri l pro- tection pursuant to the Atomic Energy Act of 1954, or any law amendatory let containing byproduct malarial other than the railings or wastes produced b the thereof, or (b) the Insured is, or had this policy not been issued would be, extraction or concentration of uranium or thorium bamany ore processed primarl~yfm entitled to indemnity from the United States of America, or any agency its source mA rtal content, and thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. (b) resultini from the opyeration by any person or organization of any nuclear fal ly include under the first two paragraphs of the definition of outer facPllf, B. Under illy Medical Payments Coverage, or under any Supplementary Payments ,yeclelr facility' means provision relatin to first aid, to expenses incurred with respect to ledify Injury resulting from t~a laurdous properties of Nuclear material and arising out of (a) ary nuclear reactor, the operation of a Nuclear facility by any person or organization. (b) any equipment or device designed or used for (1) separating the isotopes of C. Under any Liability Coverage, to bodily iulu or property damage resulting from uranium or plutonium, (2) processing or utilizing spent feel, or (3) handling, the lazardass properties of nuclear material, i~ processing or pac0ling waste, (1) the Nuclear material (a) is at any Nuclear facility owned by, or operated by (c) any equipment or device used for the processing, fabricating or olfoyinQ of of on behalf of, an Insured or (b) has been discharged or dispersed there- special ANeaf material if it any time the total amount of such materiel in from; the custody of the Insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or ura- (2) the Nuclear material is contained in apeat feel or waste at any lime pos• nium 233 or any combination thereof, or more than 250 {rams of uranium 235, sessed, handled used processed, stored, transported or disposed of by or on behalf of an 63meJ; or loll any structure, basin, excavation, premises or place prepared or used for the 0) the bodily INJuy or prepert) hma{e arises out of the furnishing by in storage or disposal of waste, Insured of services, materials, parts or equipment in connection with the and includes the site on which any of the foregoing is located, all operations eae• planning, construction, maintenance, operation or use of anyp Nnetear facility, ducted on such site and all premises used for such operations; but if such facility is located within 'he United States of Ameres, its terri- "Nuclear reactor" means any apparatus desiyyred or used to sustain nuclear fission tories or possessions or Wads, this occlusion 13) applies only to property in a self supporting chain reaction or to coolain a critical mess of Bssionsi ma tb damage to such Nuclear facility and any property thereat, nag; ll. As used in this exclusion: "property damage" includes ell forms of radioactive contamination of property, Is Willi Nrherelf, W Company his caused this policy to he signed by its president ad ba Secretary N Baltimore, Maryland, and casetNnlgeed 11 a doll sotlorind representattra. UNITED STATES FinELITY AND GUARANTY COMPANY FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. secreeery President caw Lill nII,o4"l) IN .la.»s CITYODENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566.8200 December 23, 1980 BFC Corporation Y.O. Box 1121 17U] S. Montgomery Sherman, Texas 75090 Centlenen: Pursurnt to the terms of your contract dated November 24, 1980 for Phase 11 of the Denton IIumane Shelter, you are hereby notified to commence work thereunder at the start of business on January 5, 1981. The time for uubstantial completion set forth in the contract is 150 calendar days including the starting dole which establishes June C, 1981 as the substantial completion date. Your bonds have been reviewed and meet all requirements and are acceptable. You are informed that Hr. Rtck SVChla liri, bcvn appointed contracting officer and is duly authorized to adm nIster your contract work for the City of Denton. ~G~~ BFC Corporation _ /Ri7ckliVveh a _ By' 1~ "c_g ~ tom' Title: Date: 3 LI tJ T o, ~J b~ I 01 OATFI OF OFFICE do solemnly swear (or affirm) that I will faithfully execute the duties of the office of 4 ,Y5 ~ efe /?EA T~ D ~~A of the City of Denton, Texas, and will to the best of my ability preserve, protect and defend the Constitution and laws of the United States end of this State and the Charter and Ordinances of this City. Subscribed ar4l sworn to before me the undersigned on this the day of , A.T. 19 ed To certify which witness my hand and seal of office. OTI-ISKRETARY CITY OF DENTON, TEXAS r- I~ I ~I k~ y ~ 5 t' R E S O L U T I O N WHEREAS, the City of Denton recognizes the special needs of low to moderate income citizens and desires to effect a higher quality of life for all the citizens; and WHEREAS, the City of Denton has appointed a citizens committee called the Community Development Block Grant (CDBG) Committee to assess development needs; and WHEREAS, the Community Development Block Grant Committee has made recommendations to the City for projects and funding levels as part of an application to the United States Department of Housing and Urban Development (HUD) for Community Development Block Grant funds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. The City shall make application to Housing and Urban Development for Community Development Block Grant funds in the following amounts: 1981 Housing Rehabilitation $3009000 Robertson Street Paving 200,000 Code Enforcement 20,000 Demolition 15,000 Neighborhood Planning 90,000 Administration 50,000 Contingency 75 000000 1981 Total $750,000 1982 Housing Rehabilitation $490,000 Sidewalk Improvements 100,000 Code Enforcement 200000 Demolition 159000 Administration S00000 Contingency 75 000 1982 Total Total Grant Request a $1,500,000 SECTION II. The Planning and Community Development Director is authorized to make minor adjustments in funding levels in the final application; and SECTION III. The Mayor of the City of Denton is authorized to execute the application for and on behalf of the City of Denton. PA!,SED AND APPROVED this the 25th day o November, 1980. i CI OF D NTON, TEXAS ATTBS BWOMS ~1RLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, XAS 8Ys f ~ ~ ~ f l 115 a ~ r t R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I Pursuant to Section 6.02 (c) of the Charter of the City of Denton, Texas, the City Council hereby authorizes the City Attorney to appoint STEPHEN PARK JOHNSON as an assistant city attorney for the City of Denton, Texas. SECTION II This resolution shall become effective from and after its date of passage. PASSED AND APPROVED this the day of _/jova)n p1980. s 4MAYOMMO.-~/- ATTEST: 9104o'4A Y-MEY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS /W - . kt.A A 14 ~ 34 IF -7 r ~ ~i . k°~'6 I I I R E S O L U T I O N WHEREAS, the City of Denton finds it necessary to purchase a certain ~-act of land located in the City of Denton, Texas, and more fu'.ly described below; and WHEREAS, the City Council of the City of Denton is of the opinion tla,;t the best interest and welfare of the public will be served b; the purchase of the parcel of real estate described belov; and WHEREAS, the City of Denton and owner of said parcel, Alan Burns, Trustee, agree that a consideration of $?,7,500.00 is a fair and agreed value of such described property; NOW9 THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, ?'HAT: 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 7.427 acres of land, more or less, situated in the Nathan Wade Survey, Abstract No. 1407, out of a 18.049 acre and 14.755 acre tracts of land conveyed to Frank W. Head by deed dated November 30, 1972 recorded in Volume 660, Page 728, and a 9.327 acre tract of land conveyed to Frank W. Head by deed dated November 30, 1972 recorded in Volume 665, Page 691, Deed Records of Denton County, Texas; said 7.427 acres of land being , more particularly 6escr'ibed by metes and bounds as follows: BEGINNINt at the point of intersection of the west boundary line of tae Head tract and the proposed northerly right of way line of Loop 288 said point bears South 010 00' 02" West a distance of 459.67 feet from the north corner thereof; THENCE North 600 17' 04" East along the said proposed north right of way line a distance of 352.13 feet to a point; THENCE North 030 32' 04" East for a distance of 96.78 feet to the point of intersection of said proposed northerly right of way line and existing south right of way lino of U. S. Highway 77; THENCE South S80 11' 05" East along the said existing south eight of way a distance of 803.09 feet to a point; THENCE South 350 38' 36" West along the proposed south right of way of Loop 288 for a distance of 110.12 feet to a point; THENCE North 820 O1' 29" West for a distance of 332.09 feet to a point; THENCE South 710 38' 07" Nest for a distance of 277.75 feet to a point; THENCE South 790 26' SO" West for a distance of 349.55 feet to a point in the west boundary line of said Head tract of land; THENCE North 010 00' 02" East for a distance of 347.22 feet to the place of beginning. 2. The City of Denton is hereby further authorized to pay Alan Burns, Trustee, as owner of said described property, consideration in the amount of $27,SOO.00 purchase price, plus necessary and reasonable recording fees. 3. This Resolution shall take effect immediately from aicd after its passage and approval in accordance with the provisions of the Denton City Charter. PASSED AND APPROVED this the day of IYQyj,Mg~ , 1980. J i CIT OF D* TON, TEXAS R ATTEST: An~ zf.~ ROOKS HOLT, CITY AY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON$ TEXAS BY: a' ~ ~ ~ 4 4r Y ( ~ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 25TH DAY OF NOVEMBER, A. D. 1980. R E S 0 L U T 1 0 N WHEREAS, on September 13, 1977, the City Council of the City of Denton, Texas entered in an employment agreement with G. Chris Hartung to serve as City Manager of the City of Denton, Texas; and WHEREAS, the City Council of the City of Denton is desirous of retaining G. Chris Hartung as the City Manager of the City of Denton, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That th9 Mayer of the City of Denton, Texas is hereby authorized to enter into a revised :mployment agreement with G. Chris Hartung to be effective immediately from and upon its date of execution and for a period of one year thereafter. SECTION II. That this resolution be effective immediately from and after its passage and approval by the City Council of the City of Denton, Texas. PASSED AND APPROVED this the 25th day of November, A. D. 1980. / III CI OF ENTON, TEXAS ATTES CITY SE(;Rf3TARY- CITY OF DBNTON, TEXAS APPROVED AS TO LEGAL F : (f 4-t a. . , TTOR a Y TAYL CITY OP DENT N, TEXAS ~~~~I a D N N< V S O S L n n N v c 7 m~ m ~1Cm --1u< v co i. s o c1 A c a m 0 N 'nM a 20xtA <z-4 N O n main O -1m < H O M N Z S Z O< m H N ~I -t -d H D 11 O o W <soxr OBI rn nl-. azor o'ri W p 010 O• Z < rn -r < ACD mm . zom a Aoo v a -<rtx O 2 rn+ -1>M>V Oza A O fY 2 2ND Z1N C -ID p-ILA rn O rn N r z m HOrn D 't A C < v m r z w ;O O D H N M O A NT+r 0n00 +I z MN rnO m -1 D 7 c ca -1 cD 'Iz <zAm S M +1 2. 0 -I Z '71 m n 0m rn<oo o m v n. m n 30 1 a I.1 q n M M m S N m O H O -4 NrozrY < s ox0-~ f-M Si nzl rn XI 7_-Mz -Im i n OOI CI~ t- S n-I o C-11 --1 1.11 Nzr Om-IS o c zat x an• om _ Z -1 ► H I-f N N . n « 1 N 2 1 O N -4 c H • t HI wzna0z r vl -1 xl Drn m-1 '10 0c1 Y OI wm v rn M m m 2 07S -IA Z Ip . < m n O a N -/Hll lIy 1 rnD ►+~Ix►~ I = oil D rnq t- H~~ H M m I z rn -1 a 1~ 1 1 I H 7 1 I( 1 • O < r x 0 0 1 m I 1 N < f' a +1 xDl I NI X50'7 N D LA 1 O I O '1 O. 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JA NM IN as w o a z a• c no I . N s co *I ri III to . r r -4 op rn G% 1<N {sit M N M ~0 IR N ~ ~ N Y M M i~l Y IA N N So Y H OZ O t Y m Y V P ! ! • • • • ! r r^ r r r r it ; ' i I I I ~ ~I i { I II , i I 1 I III ~ ~ ~ i i 4 I i l I I i E f ~ II I I 1 I 1 I 1 I ; I ~ I I i ~ ~ I ~ I I k i I~I I II , ; , I 'I r ~ ~ i f I E 010 l I ~ I ;1 I { I I I I I tI i I r I + I I i v^~ ? ~ ~ I Vl F ! + CO 1 ~ I I 1 I 1 I I j I I ~ ! II I ~ i 4 ~_..~~_r_, 1(~iS►ld~wz~n!!~!- THE STATE Or TEXAS, KNOW ALL MEN BY THESE PRESENTS. COUN'T'Y OF Denton I t7EED RECOR09 4 570 THAT Hyman Littman and Florence Benedik, executrix to the estate of ~igmond Mdik of North Brunswick, New Jersey , in consideration o sum of One Dollar ($1.00) and no/100 -------------------and other good and valuable consideration in hand paid by the Ci tv of Denton, Texas 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 acro ~ the following described property, owned by them Situated in Denton County, Tex", 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 Hyman Littman and Sigmond Benedik and recorded in Volume 728, page 298 of the Deed Records of Denton County, Texas and being more particularly described as follows: Beginning, for the Northeast corner of the tract being described herein at a point ~I North 88 degrees 05 minutes 50 seconds West 213.4 feet from the Northeast corner of said said point being 30 feet east of the centerline of an existing Littman and Benedik tract power line; Thence South 1 degree 35 minutes 20 seconds West 581.7 feet to the North side of a two story apartment building; Thence North 88 degrees 32 minutes 10 seconds West with the North side of said buildin 1.0 feet to the West side of said building; Thence South 1 degree 27 minutes 50 seconds West with the West side of said building 45.2 feet to the South side of said building; Thence South 88 degrees 32 minutes 10 seconds East with the South side of said buildin 0.9 feet to a point; Thence South 1 degree 35 minutes 20 seconds West 226.7 feet to the North side of a two - story apartment building; Thence North 88 degrees 09 minutes 30 seconds West with the North side of said apart- rient building 2.5 feet to the West side of said building; Thence South 1 degree 50 minutes 30 seconds West with the West side of said building 45.7 feet to the South side of said building; Thence South 88 degrees 09 minutes 30 seconds East with the South side of said l building 2.7 feet to a point; Thence South 1 degree 35 minutes 20 seconds West 87.0 feet to the South R.O.W. of Oriole Street; Thence North 88 degrees 24 minutes west with the South R.O.W. of said road 60.0 feet to a point 30.0 feet West of the centerline of an existing power line; Thence North 1 degree 35 minutes 20 seconds East parallel with and 30.0 feet West of said centerline 986.6 feet; Thence South 88 degrees 05 minutes 50 seconds East 60.0 feet to the Point of Beginning and containing 1.355 acres. across said premises, with the right and privilege at all times of the grantee herein, his or Its agents, employees, workmen and representatives having ingress, egress, and regress In, along upon and across said premises for the purpope 'off miwg additioue to, improvements on and repairs to the said public utilities, or any part thereof, TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. Witness a •z hands , this the a S th day of Sept r , A D. 19 80 . H n Littman lorence Benedik, executrix to the estate of Sigmond Bened IY Ntw dtw.i SINGLE ACKNOWLEDGMENT voLI048 int 750 THE STATE OF TEXAS 1 BEFORE DIE, the undersigned authority, COUNTY OF MAPIL.0_ iK . In and for said County, Texas, on thls day personally appeared Hymott.l.i.ttman-_a.nd Florence .8enedik_._ . N.w 11n...y - - t%~ known to me to be the person S whose name subscr to the foregoing mrtrument, 1, to.k that They . executed the same for the purposes and cu:+siderution therein expressed. GIVEN UNDER DIY HAND AND SEAL OF OFFICE, This day of LUs;'3-Nair Yst,;! Notary Publie, .--1Tlld~~ _ nty,t s z r i°a pd& of My ComM°L1abe My Commission Expires June 1, 19........., t~a.ry Puehc et New Zmy 5., SINGLE ACKNOWLEDGMENT uy • ~ e:ftrn ant r0~ 1l11! THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF In and for said County, Texas, on this day personally appeared......-. - known to me to be the person whose name subscribed to the foregoing instrument, end acknowledged to me that he _ executed the same for the purposes and consideration therein expressed. GIVEN UNDER DIY HAND AND SEAI. OF OFFICE, This day of , A.D. 19 Notary Public, _ County, Texas My Commission Expires June 1, 19 CORPORATION ACKNOWLEDG31ENT THE STATE OF TEXAS, BEFORE DIE, the undersigned authority, COUNTY OF In and for said County, Texas, on this d•+y personally appeared knox n to me to be the person and officer whose name is subscribed to the tereguing instrnlncnt and ocknoAledired to me that the same was the act of the said a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and In the capacity therein stated, GIVEN UNDER MY HAND AND SEAL OF OFFICE, This.. day of , A.D. 19 t Notary Public, . ..County, Texas ti My Commission Expires June 1, 19....___. CLERK'S CERTIFICATE THE STATE OF TEXAS, 31AIk OF IOM F COUNTY OF DENTON County , COUNTY OF COUNTY CIiRIi. b nIo Courts Tral Id Ip Ihr`~n. li n t raas 11 d on thl to in me ♦ d 9t i I(prpggJagdatystrument of writing dated on the Clerk of the Cuunly Court of sold County, d~b~~~ `lb xt ~f clay of Wde4lntlLX6r"AId D FWhHIRWICel411kf9fe of Authentication, was filed for record In my oince on the day of _ oi Denton Cuur t, T. a n• r A. nyr4on br me. , at o'clock AI. and duly recorded this day of .......DEC ._2..19184. 19 , at o'clock M., in the °~~u. ory999ofBLLLal~,d Qun_ty, i ue~._ , on pages WITNESS MY HAND AND SEAL OF TH - I Ity~c 'Qt allF a In _ . t6 n.EY~ I s aw{iy r It r , COUNICLEAKi ounty Clerk County, Texas. Deputy. Z,j h! O a, q I n O a i ++I a OS i I• w G, t C~. EI. ~ w PIONEER No U5 M BSK PROPOSED WORK ASSIGNMENTS The intern %N,All be involved iii a broad spectrum of activities implemcntcd by the Planning and Community Development Department. The ptimaiy assignment of the trainee will be the development, partial supervision, and nr>nitoring of an extensive, professional Land Use Survey. The completed Survey will become a daily workinl; document utilized in all facets of developmental and com- prehensive 1,+nnning. Other wort: assignments will include public lit~ison, zoning; ordinance enforcement, review of plans and proposals fei, roal propoz-ty development, execution of Community Development Block GrauL (CD13G) Grantee Performance Reports, capital improvement projects, field surveys, grant proposal writing, and other miscellaneous activities. The intern positlon will. be an integi-Fil part of the department, interfacing with all. work component personnel. A portioit of the work assignments; will be in cooperation and coordination with experienced staff rncniber,.. Tho intern mill also receive assignments that reyuirr, total responsibility for completion. All acti0 Lios aro ultimately undor the supervision of the department director and the dtrecLor will also az suing responsibility for the avnluvition of the intern. C3 o ~ CITY OF DENTON EMPLOYMENT AGREEMENT THIS AGREEMENT is made and entered into by and between the CITY OF DENTON, TEXAS, hereinafter called "City" and CHRIS HARTUNG# hereinafter called "Employee," both of wham understard as follows: RECITALS The City desires to employ the services of Chris Hartung as City Manager of the City of Denton as provided by the City charter and ordinance creating and setting forth the duties of the City Manager. AGREEMENT 1. General City hereby engages Chris Hartung as City Manager of the City of Denton, Texas to perform the functions and duties specified in the City charter of the City of Denton and by ap;licable provisions of the City code and to perform such other legally permissible and proper duties and functions as the City Council shall from time to time assign. City Council appoints Chris Hartung as City Manager and may remove him at any time subject to the provisions of this agreement. 2. Compensation City agrees to pay CVis Hartung for his services at the annual base salary rate of # oO payable in installments at tho same time as other employees o the City are paid. City agrees to increase said base salary and/or other benefits of Employee In such amounts and to such an extent as the City Council may determine that it is desirable to do so on the basis of an anm ual salary review of said Employee made at the same time as similar consideration is given other employees generally. An annual performance review will be conducted during October of each year. City of Denton Employment Agreement Page Two 3. Hours of Work it is recognized that the City Manager must devote a great deal of his time outside normal office hours to business of the City, and to that end, the City Manager will be allowed to take compensatory time off as he shall deem appropriate during said normal office hours. Employee shall not spend more than ten (10) hours per week in teaching, consulting, or other non-City connected business without the prior approval of the Council. 4. Professional Development The City hereby agrees to budget and to pay the travel and subsistence expenses of Employee for professional and official development of Employee and to adequately pursue necessary official and other functions for City, including but not limited to the Annual Conference of the International City Management Association and such other national, regional, state and local governmental groups and committees thereof which Employee serves as a member. The City also agrees to budget and to pay for the travel and subsistence expenses of Employee for short courses, institutes and seminars that are necessary for his or her professional development and for the good of the City. The City agrees to budget and pay the professional dues and subscriptions of the Employee necessary for his continuation and fill participation, including the holding of responsible offices in national, regional, state and local associations and organizations necessary and desirable for his continued professional participation, growth and advancements, and for the good of the City. 5. Termination and Severance Pay in the event of his involuntary separation as City Manager, he shall be entitled to receive a lump sum payment equal to thirty (30) days aggregate saliryj provided, however, that in the event Employee is terminated because of his or her conviction for any offense involving moral turpitude or any illegal act involving personal gain to him, then, in that event, City shall have no obligation to pay the aggregate severance sum designated in this paragraph. Involuntary separation as used in this paragraph means his discharge or dismissal by the City Council or his resignation r ' City of Denton Employment Agreement Page Three following a reduction in salary or other financial benefits of Employee in a greater percentage than an applicable across-the-board reduction for all City employees or in the event the City refuses following a written notice to comply with any other provisions benefiting Employee herein or the Employee resigns, following a suggestion, whether formal or informal, by the City Council that he resign, then, in that event, Employee may at his option, be deemed to be "terminated" at the date of such reduction or such refusal to comply within the meaning and context of the herein severance pay provision. Before voluntarily resigning his position, Chris Hartung agrees to give the City Council at least thirty (30) days notice in writing of his intention to resign, stating the reasons therefor. 6. Other Terms and Conditions of Employment All provisions of the City charter and code, and regulations and rules of City relating to vacation and sick leave, retirement and pension system contributions, holidays and other fringe benefits and working conditions as they now exist or hereafter may be amended, also shall apply to Employee as they would to other employees of the City, in addition to said benefits enumerated specifically for the benefit of Employee, except as herein provided. Employee will accumulate vacation time at the rate of one (1) day per month and be eligible to take six (6) days of vacation time after serving for six (6) months. Employee shall be entitled to receive the same vacation and sick leave benefits as are accorded department heads, including provisions governing accrual and payment therefor on termination of employment. EXECUTED in duplicated originals this the day of 1980. EMPLOYER: THE CITY OF DENTON, TEXAS BY: Kidhard 0.jStewa t, Mayor Ci'y of Denton, Texas EMPLOYEE: G. C r s Ha tung, -City JhTfiager City of Denton, Texas ~od r r' k I